New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-07
A MILITARY DICTATORSHIP.

The action of President Fonseca in dissOlving
Congress and proclaiming dictatorship was
clearly unconstitutional. Article XVII, Sec-
ton l, of the Constitution adopted February "a
1891. explicitly states that Congress alone shall
have the power to deliberate on the Propagation
or extension of its session. Article XXlA also
declares: "To the Chamber belongs the mi
tiative in the adjournment of the Legislative
sessions, Balmaceda had constitutional war
rant for his action in prorogulng the Chillan
Congress which was preparing to impeach nm,
but the Brazilian President was not armed with
The power of dissolving the National Legislature,
which had been elected like himself for
definite term. Equally at variance with the
letter of the Constitution was his proclamation
of martial law. As Congress was in session at
the captal. it was vested with the right to de-
clare a state of siege in the national territory
1t was only in the absence of Congress that the
President was authorized to establish military
rule. President Fonseca can only justify his
course on constitutional grounds by presuming
that Congress had ceased to exist when martial
law was declared. This will be specious qulb-
hing. as he had no constitutional right to bring
it's existence to an end.
The Presidents ground of defence in his APP
neal to the people is thai Congress was seeking
hv its legislation to subvert the Constitution.
This is Balmacedas argument repeated from
the opposite side of the continent. Whether II
has been acting constitutionally or otherwise
cannot he determined until the details OF recent
legislation have been received; but il the cable
dispatches have correctly represented the situa-
ton. Congress has not violated the letter OF the
law Its right to take the initiative In fnancai
legislation to pass acts over the Executive veto
and to authorize and regulate impeachment pro-
ceedngs is clearly defined in the Constitution
A two-thirds vote in each house is required Tor
the passage of a measure over the veto, and ii
the President does not promulgate it within
forty-eight hours the presiding oalicer OF the
Senate is authorized to do so. The procedure
in case of impeachment is also explicitly de-
fined in the Constitution.
Apparently the President, with the army and
navy behind him. has deliberately suspended the
operation of the Constitution and established a
dictatorship. If he had been less conservative
and patriotic in his course since the revolution
he might be suspected Of desiring to substitute
personal government for constitutional rule but
the record of his Administration and his ser
vices to the nation preclude this assumption. A
more reasonable explanation of his conduct is
the fact that the Constitution was not working
well. Ministers were prohibited from attending
the legislative sessions and defending their
policy, and Congress was acting upon financial
questions of the first importance without having
accurate information Of the work OF the Depart
ments. The executive and legislative powers
were not acting tremendously, and old-time par
tisans of the Empire who had been elected to
Congress- were embarrassing the Government
and creating public disorder and open revolt.
The President, if we understand his proclamation
Alright, has introduced purely military govern
ment for transition period in order that new
Congress may be elected and the Constitution
revised so as to admit OF the harmonious CO.
operation Of the public powers.
The result of this coup d'etat, which closely
resembles that of Louis Napoleon on the famous
I'd OF December, will largely depend upon the
acquiescenoe of the State governments in the
new departure. Under the Empire there was
a centralized system of administration by which
the Government at Rio secured absolute control
over the Provinces. If President Fonseca does
not excite revolt in remote States like Rio Grande
do Sui public apathy may intervene, and military
government ne tolerated lOf season as neceS-
sary evil. If the President can succeed during
the next few months in restoring financial sta
bility-and the largest coffee crop ever raised
in Brazil counts in his favor-the Nation Will
readily condone dictatorship which he declares
will only be temporary. Anglo-Slxon cvza-
ton has its own standards for condemning DO
litoa usurpaton and unconstitutional pi ocedure,
but men of Portuguese and Spanish blood arc
more lenient in their judgments. Military die