Empire Of Brazil.
The Times, 1824-02-23T00:00:00

The following are the principal clauses in a preject of constitution for the empire of Brazil, organized in the Couneil of State, oua bases presented by the Emperor TITLE I.-OF Tr{ Et'MPrtE OFs BRAZII. ITS TERTtlTO1Y GOvEssstEnsTr, DYNwASTY, AWD RELIGION. Art. 1. The empire of Brazil is the political association of all Brlzilian citizens. They form a free and independent natio., whiich admits of no other iond of union or federation w hich may be opposed to its independence. Art. 2. Its territory is divided into provinces, in the foim at pre. sent existing, which may be subdivided, as the good of the State re. quire.s. Art. 3. Its government is a mronarchy, hereditary, cOnstitutional, and representative. Art. 4. The reigning dyrasty is that of Senhor Don Pedro, the existing Emperor and PerTpetual Defender of Brazil. Article 5.-The Catholic Apostolic Roman religion shall continue to be the religion of the empire. All other religions will be permitted with their domertic or particular worship, vL ithout arny external form of temple. TITLE II.-OF BfRAZILIA l C'ITIZENS. Art. S.-Those shall be Brazilian citizens-1, who are boin in Brazil, wlhether fret.born or freed rien. This will be the case though the father be a foreigner, providled he does not reside in Bra. zil in the service of his nation. 2. The sons of a Brazilian father, or the illegiftimrate children of a Brazilian mother born in a foreign country, who may come to establish their domicile in the emnpire. 3. The children of a Braziliaa father who may be in a foreign country in the scavice of the empire, even thouglh they shouldl not comle to cstablish lieniselves in Bra2il. 4. All those born in slorEu- gal or its possessions, who being resident in Brazil at the time of proclaiming the independence of tihe wovi-aces in which -hey re- side, shall ctlhe,e to tzitt inidependence expressly or tacitly irv con- tinuing thi ir residence. .. N;sturalized foreigners, whatever be their religion. Tiie law shiall determine the qualities necessary to obtain naturalization. Art. 7. He shall lose hii eights of Brazilian citizen-1. Who na. t;,ralizes himself in a XXreign country. 2. NVho. witthout leave from ithe Emperor, shall accept employment, pension, or decaration froim any foreign (Govertinsent. 3. Ile who is banished by jidicial sentenlce. Art. hi. The exercise of polivical rights is sutspeaded.-1. BY inca- liasity, physical or noral. 2. Bv judicial degradlatoan. rITLE liI.-O)r POWE'RtS AND TItE NATCOXAE. PREPRESES_ TAT tO N. Art. 9. The division andl harmony' of political powets is the con. servative principle of the tights of the citizenq, and the inost secure means of establishing the effective gutarantees which the constitution offers. Art. 10. The politic^l lowers recognized by the constitution of Brazil are four-the legislative poer, tle miotlerating power, the executive power, atid thejudicial power. Art. 11. The representatives of the Brazilian nation are the Ent. peror anti the General Assenibly. Art 12. All powers in the emipire of Brazil are delegations from the nation. I'ITLf. IV.-Or TltE Lc:GlstATtv. PoWER. Chapter I.-Of the branchrsito the L.eislatiie POz.cr. is:,d thcir s parote jaurisdicticez. A rf. 13. Ilie hgihlative power is delegath to the General Asstne. bly vih tithe sanctioll of the Ermperor. Arc. 14. The General Assembly is coil,osed of two chanibers- the chamber ofdcputics, andl the chaniber us' senators or senate. Art. 1.5.It belones to the GenetaiA.sse:nbly-l. 'Y'o take the oath of the Emiiperor, the Imperial Prince, the Regent or Regency. 2. To elect the R"gent or Regencv. anti to niark the limtits of its au- tlioritv. 3. To recogri7e tile Imperial Prizice as successor to the throne. in the lirst mnecting after his birth. 4. To r.outinite a tutor to the Emperor when a minojr. in case his father shall not have nolmitarct! one in his testament. a. T o resolve the dolubts thiat meav arise relantve to the suecess oi, to the throie. e. On rhe death 6f the Etmperor, or a vacancy of the throtie, to instisitte an in- quiirv inito the adoministration which hias concluded, and to reform abuses inttodutced into it. 7. To seltct a new dynasty in ca9e of the extinction of the oresent otie. 8. To make lawsto interpret threm,ane to suspend them. 9. *1-m- wacti over the constitution, and to promote the general good. 1it. To fix annually thie public charges, anti to asse s the direc: contributitin. ll. To f:x annuall', oni the report of the Governinent, the ordinarv and extraordinary forces by sea anti land. 12. To grant or to reiuse an entrance to foreign troops, bv sea or land, within the emtpire or its ports. 13. To authorize the Govern-nent to contract loans. 14. To establish convenient means for the payment of the rublic debt. lS. To regulate tie adtini- nistration os' the national dozilains, and to decree theiralienation. 16f. To create or ,iuppresq public employments, and to establish those that are ordered. 17. To deterinnine the weight, value, in- scription, type, and deiotnination of money, as wrell as to regulate weightsacid mteasures. Art. 16. Each leRislatire shall last four vears, antd every sessionl fotir mionthi. Art. 17. EachX of the chambers shall bave the title of " the Au. gust anti most worthy Representatives of the ANation. Art. 18. TIte itiiperial sesAion of opening vill every year lie the 3d of May. Art. Il. T'Ie session of prorogation shall likewise beinipetial, and bnoth shall take piace in general assentbly, ttie two chatubers being untited. ATt. 20. The cerenoltial, atil the nmanner in whici tihe Emperor shall take part in the business, shall be settled by an interior regula- tionl. Art. 21. The nomiliation of the respective Presidents. Vice-Pre- tidents, anti Secretaries of the chlamber, the verification of tie powers of its members. the formn of the oath, and the internal pn. lice. shall be executed according to regulations to he enacted. Art. 22. In the meeting of the two chambers, the Presidentt of the Senate shall preside; the lepetties anti senators shall occupy plices promniscuously. Art. 23. To constiitue a chamimerat the comnencemilenit of a es. .iom, it tvill he necessary th1at the half of tile mevabers, antl one more, shouln have assembled. A rt. 24. Thie sittings of bothi chamnbers shall be public, witi tLhe exccption of cases where the public isood wiU reqtiire secret sittingt. Art. 25. Bitsiness shall be decided by a plurality of votes of the members ptre,ent. Aiu. 2t. The members of each of the Chambers are inviolable on account of the opinionts whicl thev shall utter in the exercise of their fouctio'ms. Art. 27. No senator or deputy, luring his deputation, can be arrested by any authority, except bh order of his respective chamber, unless in jPrgcanet delicto of a csap;1 crime. .Art 281. If any senator or deputy be denounceti, the judge sus- pending every ulterior prozeeding shall give an account to his respective Chanmber, w.hich shall decide whether the proceeding is to im on, and whether the member shall be suspended in the exercise of his functiotis. Atr. 21. Senators or lepuites may be elected ilinisters, or Cou nciliors of State, vith this difference; that the senator may con. tinitie irn his chaniber, while the deputy tnust be sent to a new electio.n. Art. v0. They may enjos the two offices, if they exercised one of thent at tile moment of election. Art. 31. No person can be at the satne time a member of the two chambers. Art. 32. The exercise of any other function, except that of Cottn- cillor or Mlinister ot State, ceases as long as the functions of the dleputy or senator conitinues. Art. 33. In the interval of the sessions the Emperor shall not 1tave it in his power to employ a senator or deputy beyond the em- pire, nor shall they exercise these employments when they would render it intpossible to attend on the convocation of the chanmbers. Art. 34. If the good o ' the 8tate should rentler in any unforesecn case a brcacli of this rule necessary, the respretive cliazber shall determine on that necessity. Chapter II.-Of thlC Chaznber of Deputies. Art. 3.5. The Chamber of Deputies is elective and temporary. Art. 36. The Chamiiber of Deputies has the initiative-l. On taxes. -2. On recruiting. 3. Oii the choice of a dynasty, in case of the extinction of the reigning family. Art. 37. The Chamber of Deputies shall likewise have the initia. tive in the foilow'ing cases :-1. An inquiry into the past adminis. tration. and the reform ofabuses initroduced into it. 2. The discus. sion of propositions made by the Executive Power. Art. 38. Thev shalllikewise decree theimpeachnientofIlinisters. Art. 39. 'Tli'e deputies shall enjoy daring the session a pecuiiary subsidy besides receiving tfie expenses ef thcir jowney to and from the ctamber. Chapter III.-Of the Senate. Art. 40. I'he Senate is composed of members elected for life, and will be organized by a provincial election. Art. 41. Every Province shall elect a number of senators equal to half its leputies, it the number of deputies be an even one-it not, a number less thani the half by one. Tius a province which sends 11 deputirs shall only elect five senators. Art. 42. But if a province has only one deputy, it shall neverthe- less have a senator. Art. 43. The clections shall take place in the same way as for the deputies, but in triple lists, anl the Emperor shall choose the thirct part of the whole list. Art. 44. Vacancies shall be filled up in tme same way ss a first election. Art. 45. To be a senator it is rcqiired.-l. That hbbe a Brazilian citizen, and enjoy political riglits.-2. That lie be 40, or upwards. 3. That he ,be :t person of knowledge, capacity, and virtue, giving a preference to those weho have performed sereices to their country. 4. That he enjoy an income from land, industry, or commerce, of 800 tailrees. Art. 46. The Princes of thte Imyprial House are of right mesn. bers of the Senate, and take their seat al soon as they are 25 years oS age. Art. 47. It is the exclusive privilege of tne Senate.-I. To take cognizance of the intividual offlences committed by the Royal Fasnily. the Ministers, and the Councillors of State, anid the Sena- tors; and the offences of'the Deputies during the period of thelegis. lItive sessioa.-2. To enforce the responsibility of the Secretarics and Coincillors of State. 3. To expedite letters for tse convocation of the assembly, in case the Emperor has not done so two months after the tinie prescribed by the constitution. 4. 're convoke the Assembly on the death of the Emperor, for the election of a Regency, when necessary. Art. 48. In proceeding against crimes, the impeacbment of which does not belong to the Chamber of Deputies, the Procorcur of the Crown shall be the accuser. Art. 49. The sessions of tbe Senate slall. commence antd finish at the sante time as those of the Chamb, r of Deputies. Art. 50. WIith the exception of the cases ordered by the constitu- tion, every mceting of the senate beyond tlie time of the sittings of the Chamber of Denuties is illicit and of no effect. Art. 51. The salary of the senators shall be one hallf ore than that of the deputies. Chapter IV.-Of :6e Proposition, Diseitssion, Sanction, and Pro. nits?Cstiots of Laws. Art. 52. The proposina, the opposing, and tde approving of pro- jects of laws is within the power of cach of the chambers. Art. 63. The Executive Power exercises, through anyof the ilinis. ters of State, the proposition of laws; but these propositions can only be converted into projects of law after an examnwation by a commisaion of the Chamber. Art. 63. Ministers may assist aad discuss propositions, but are notalliowed to vote, unless they be vnembers of the chamber. (Art. 55, 56, 67, 5A, 69, 60, 61, 62, 63, 64, 65, 66, 67, 68, 16s,Dd 70, re'ate merely to t e aoda ofpsrocedsinj with sespect to bfl in the twoCarnbe", and4tlhe 3 lai which reiu1ate tht comt manication bet*een the:f;) - Chapter V.-Of*YiaCotoncils General of slw Protin, -s and ieirv o' ' ' ~~~~Jat-isdicfioat. Art. 71. The constitution recognizes and gularantees the iightof every citizen to take a management in tbe affairc of his province, which may have a relation tohis individual intereMts. Art. 72. This right will be exercised by chambers of diistricts, and councils called Councili General of the Provincer." Art. 73. Each of these councils shall consist of 21 members, in tbe mostl populous provinces. (The other articei of this chapter, namely. 74, 76, 76, 77 78, 79, 80, 81, 82, 83, 84, 85, 8, 87, 88, and 8.9s regulate the coin- position, business, and mode of proceeding of these councils vrhich do not seem to come within the range of a fundamental or I constitutional act.) Chapter VI.-Of the Ehections. Art. 90. The nomination of the Deputies and Senators for the Ge- neral A..ssembly and of the Councils General of the provinces shall take place by in direct election.s, the mass of activ'e ditizens electinv iti parochial as-,emblies the electors nf provinees, and the latter choosing the repre .entatives o1 the nation and the province. Art. 91 nd 92. AUt Brazilian citizens have a vote in the pa. rocial assemblies, with the exception of minors, military officers, priests, monks, servarnts, and a eseription of persons that may be called paupers. Art. 93. Thosc who cannot vote in the parochial assemblies can. not be members of, or vote fbr anv authority. Art. 91 fixes the qualification of a provincial e:ector at.200 milrees, arising from land, industry, or commerce. Art 95. Freedthen cannot vote at provincial elections. Art. 96. To bc eligible to the Chamber of Deputies a qualification of 400 milrees of net annual income is required. 1aturab2ed I foreigners, and persons not professing the religion of the state, are !excluded. I TITLE: V.-OF THE EXECUTIVE POWEla. Here three articlesarelostinthemanuscript from whichthis ver. Ision hacL been taken'1 Art. 100. The title of the Emperor shall be that of " ( onstitu: tional Enaperor. and erpertual defenderrof Brazil ;" he shal,l be ad. dressed by * Imperia ia easy." Art. 141. The Emperor exercises rtie moderating power.-I. Iiy I nominating tne senators as prescribed in article 43. 2. By convoking tihe extraordinary General Ass-mbly in the interval between the seMsions. 3. By sanctioning the decre-s of this Assembly to give them the force of law. 4. By proroguitng the General Assembly- and dissolving the Chamber of Deptities, in cases in which thfe safety of the State shall require it. 5. By nominating his nministers. 8. By suspending magistates. 7 and 8. By pardoning antl granting aminesties. Chapter II.-Of ilu' Fx.eeofiFe Powrer. Ain 102. The Emperor is the chief Executive Power, w-hich ite exercises thorough his Ministers of State. The following are its principal artiibutions.-l. He eonvokes tthe (eneral Assembly. 2. Ile nominates bishops, tnsgistrases, commanders by sea and land, and ambassadors. Ile tbnnf. alliances and enters into poli- tical foreign negotiations. lietleclares war and maktes orace. Ie givec letters rof narriralization, &c. &c. Art. 103. tThe Emperor, before being proclaimed, xhall take bed 'fore the President of the Seniate the following oath-" I swear to m!aintain the Roman ('atholic relig on, the integrity ard ind-,isi. I bility of the enmpire, to observe, and to cause to be observed, the political constitution of the Brazilian nntion, anl the laws of thc enipire; and to provide for the welfare of Bceslaas far as in mc lies." Art. 104. Thie Emlperor eannot go out of Brazil without the con- sent of the (eneral Assemnbly; anti if he does so, he is considered as abdic-ting the Crown. Chapter Ill.-Of //, Imperial Faewldy and its I7 ene. (rlnder this head the artides tronm 115 to 115 are unimportant, as il, the head of income or dotation, they refer nierely to future regu- lations.) Chapter IV.-Of th, Imperial S,r'cesion. Art. 116. The Senhor DoM Pedro I., by the unaniFnous acclanma- tion ot the people, now constitutional Enmieror and perpetual De- fender. shall always reign in Brazil. Air. 117. lis legitimate posterity shilUlqucceed to the throne ac- corling to the reguE; order of priniogeniture and representation, the antrnr line being al-ays preferred to the posterior; in the saute line, tb: ncarest degree to the mnore remnot; in the same degree the i masctuline sex to the feminine; and in the same sex, the person more Iaged to the yiounger. Art. 118. In the case of the lines of tle legitimate descend- ants of Don P edro 1. becoming extinct,the (eneral Assembly shall, ,Iduring the Ulfe of the last descendant, elect a new dynasty. Art. 119. No foreigner can succeed to the Imperial Crown of Bra2di. Art. 1 )O. Thte warriage of the Prineess, presumptive heir of tlhe crorn, shall take place with the Emperor's approbatiotr. ln case there should be no Emperor at the time wlen such marria8is' pro- posed, it cannot be concdoced without tile approbation ot-th6Ge- neral Assembly. Her husband raii take no part in rbe-Goyffln. inent, and not to be callenl Emperor until he have a sornetl' ex by the Empress. Chapter V.-Of the Rtgeney durhig tie 70noritty or an hte' E7pe; or. Art. 121. The Enmperor is a iminor until t1he age of-18. Art. 122. During the minority the empire shall be governeil-bvu Regency, to which shall belong the relative nearest of lein-rto ihe Emuperor, wIho shall be aged mnore than 25 years. Art. 123. If there be no relative or the Emperor qualified, the Getieral Assembly shail appoint a permanent meecy, consisthig of three members, the oldest of whonm shall be President. Art. 124. Until tbe permanent Regency be appointed, the empire shall be governed by a Provisional Itegency. composed of two i i- nisters of State and of Jutstice, and of thc two oldest Counctllors of Stite, presided by the Empress widow; and, Iailing her, by tiie oldest Councillor of Statc. Art. 125. [The greater part of the vords of this article are want- ing. Ilts object appears to be to provide for the case of the death of the Empress. Art. 126. L The commencement of this article is wanting. From tile conclusion it seem' - dire'.tirat i r.o rhi.5ir>l t -- iincapacty on the part of the 'irepor, recogn'Ied by a niaority of aothe chabers of the assembly, the Prince Regent, if he be tunied of 18, shall be appoint ed Regent. 1 Art. 127. The Regent or Regency shall take the oath mentionedI in Art. 103, with the addition of a clause for fidelity to the Em- peror, andl for the delivery of the Uovernment as soon as he shall be najor, or his incapacity shall cease. Art. 128. Thic arL' and orders of the Regent or Regency shall be issued in the nanme of the Emperor. Art. 129. Neither the Regent or the Regency shall be responsible. Art. 130. During the minority of the successor to the throne, he shall have for hiis tutor the person appoiiited by his father's will thiling of such person, the Empress iMother, while she remnains un- married ; failing her, the A.memblv shall appoint a tutor; but the appointment must not be given to the nusxt heir to the Crown. Chapter VI.-O)f thm Afinistry. Art. 131. There shall be different Secretarvsirips of State, to which shall be referred the affairs belonging to) each. Art. 132. Orders shall proceed from the Xinisters of State, other. wvise they eannot be execared. Art. 133. The Ministers of State shaU be responsible-_. For treason. 2. For corruption, s'sbornatioin, or extortion. 3. The abuse of power. 4. For failure in the observance of the law. 8. For acts contrary to the liberty, security, or property of citizens. fi. For any waste of public property. Art. 134. A particular law shall specify the nature of these of- fences, and the mnanner of proceeding against then. ! Art. 135. The Mlinisters cannot escane from their responsibility, in consequence of any ordIers given by the Emperor, wvhether verbal or written. Armt 138. Foreigners, although they nmay be naturalized, cannot become Ininisters of state. _- TiiE COUNCrL OF STATE; Art. 137. There shall be a Council of State composed of counsel- lor3 for lite, appointed by the Emperor. Art. 138. Their number shall not exceed ten. Art. 139. In this number the Milinisters of State are not to be in- cluded, neither shaU the Mlinisters act as Councillors of State, without being expres.sly appointed for that purpose by the Emperor. Art. 140. ''he saume qualifications are requisite for a Councillor of State as for a Senator. Art. 141. Before taking the oath, the Councillors of State may swear, in the presence of the Emperor, to maintain the Catholic re. ligion, to respect the constitution and the laws, to be faithful to the EBuperor, and to give him conscientious advice, having in vie' only the welfare of the nation. Art. 142. The opinion of the Councillors shall be heard'on all important business; and on tbe general measuires of adotinistration; but principally on questionsof war or peace, negotiations with fo- reign owxers, and otn any occasion on v.hich the Emperor may pro- pose to exercise any of the functions of the moderating power point. cd1 out in Art. 100, with the exception of the 6th. Art. 143. The Councillors of State shall be held responsible fbr any!advice they may give with the design of violating the laws or the interests of the State. An. 144. The imperial Prince, ons Cming of age, shall be Pre- sident of the Council of State. The other princes of the imperial family cannot become members of the council, except by the ap- Ipontment Of' the Emperor. The princes are not to be included Ln the number specified in A rt. 138. IIiCLITARYt FORCE. Art. 145. Every Brazilian is required to bear arms in defence of the independence and integ ity oc the empire, and to protect it against its enemies, toreign and domestic. Art. 146. The General Absembly not having determined on the permanenrt amount of the naval and military force, it shall remain at its present amount until the above-mentioned assembly shall either increase or diminish it. Art. 147. The military force is essentially obedient. It can never be assermbled. except by command of the legitimate anthority. Art. 148. It belongs to the execuuve power to employ the naval and military tarce as may be expedient for the security of the empire. Art. 149. Ofticers of the ariny and navy cannot be deprived of their commissions, except by the sentence of a competent tribunal. Art. 150. A special ordinance will regulate the organization of the Brazilian army and navy their promotions, ay, and discipline. TXTLE. VI.-OsF sItE JUDICIAL OWEE. Chapter I.Of thmc Judgcs and Courts of Jusstice. Art. 161. The judicial power is indcpendent, and sliall be com. posed of judges and jutors, both in civil amd criminal cases, in such manner as the law shaU hereafter determine. Art. 152. The jurors shal pronounce on the tact, and thejudges shaU apply the law. Art. 153. The judges shall be perpetual; by which it is not to be understood that some may not be transftrred to other offices and placCs,ut the time and it the manner which the law shall deteimine. Art. 154. On complaints being preferred, the Enmperer can sus- pend the judges, atter giving thenm audience and consulting the (ouncil of Stiate. Art. 155. J uidges cannot be displaced. except by a. sentence. Art. 156. All judges of law, atid officers ofjustice, are responsible for the abuses of power and transgressions cummitted in the dis. charge ot their duties Art. 1o7. Jttdgesmaybe prosecuted for subornation, corlption,or extortion *and the actin may be inst tuted within a year and a day, either by the person aggrieved or by any other, the forms of proce.ss established byFlaw bing observed. Art. 158. In order so the trying of causes in tbe second and dernier resorts there shall he established n the provinces the tribupals ne. cessary for public convenicrnce. Art. 159. In criminal eases the examinations of the witnesses, and all the proceeditigs of the trial, shall be published immediately on the decision. Art. 160. In civil causes, or actions for civil penalties, the parties mar .,nni,,.eo arbitrators. Art. W Vithout p,rouof of reconciliation having been attempted, nO prosecution can be comtmenced. Art. 162. For thispurpose there shall be justices ofthepeace. who ~hal be elected at the same time a.d, manner as the members ot the Camsbezs Their po*rees and dlci5ffirs thalIbe re>t ytlav .&tt la3 Besides thec to~lat whbich nmat epclt in file e!~itatof the `~*e,33 well as in the provinces there trill alto be a court entitlea t4 a rmwb nal ofjustice, at which will preside judges selectedI oftni the-af ir A betoit. To permit or to ~t~~5 he eviionof casis3e% in the way determinedl by the law. 2. o iquie itothe abuses comnaitted by its own officers, or thee o th oter ours,person-, connected with the diplomatic andth ~rvuer'rsofthe provinces. 3. To investigate and to on isptesresec,ing the j~urisdiction and competency- of theI TauE ADmri-,'ITsIUT,Oviow AND) ECONOMY or THiE PROVINCES. thAt.115.o ech rovncethee sallbe a President appointed byF ~Ena~or wh wil hae te pwerot removing Ihim, when suchi ism-5ire ay e deme exedint oethe welfare of the state. I Ait.186 Th la wil dterinetheattri~utes and authority of thes prsidets.Chapter Ii. .-Of III, Co,,111lI.T .4rt- 167. In all the cities and tow-ns now existing, anld in thosie '11ch mnar hereafter be created, there shall be counicilsi for managing thteemnoitical and mnunici-pal government ofthle saidl cities and towns. 4r.. 163. The counncils shall be electedI and composed of the ntum- b`-t ull' land-holdlers whieh the law mnar rleterTinine;- adl hle aljo mnay oC'i"Un tbhe greatesztnun`ber of 'Cvteis slhall be presideint. Ar-L 169. The fuinctionts oC' these cotiincils, the formiation- of thleir jIt" CP, thae apIito of their revenuies, end ail their u eful att . ~ hl e decreed bv a reirflating law. (Te rticle$ wolich formi this chiapter are wvanting.) ~Te-L Vlhl.-.tJ THE: GENEItAL REGU:L.4TION'S AwnGUA- ltANTEEs oy THIE CtIVIL AND) POLITicAL RGToSt'rs lITLAZ.TLrASe, Carccezr wat .ng I Ar'.l73 Wh' isstaed espetin th liits andl resuecthsejuris- dicti005 of t.be political powers) and respectitte the pohitieal anti civil~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~alii cvi giat oftitzen, i aloe cnsttutona. Eery,thing not ewnstitu- ~ referre nary Iciislatureswithout she forinali. Art. 17i1. Th n ol,i.rhiiy uw the cit-l and political rights OfthBrazPlan Citizents. wliich have' for their basis, libertv, and th euiyof 'e-von. anti protiel-y. is guaraniteed be thle coni. ,lbl.tion of the emnpire in tihe f'.shoving maniner.-I No citi. -'l can be c-imprelled to do. o-, to rel-rain from doing any :,hinc'. except in %iirtlue of the law. 2. No law shall he miade excep t ace Public utilitv. 31. It, eniactments t~iiall never be retToaCtive. 4. All pesnsn may conmmunicate their th!oughts by speech ot writingy, ."bd pu--bILsh themn by) the press, independent of" Censorship. Never- thelesslhe.s must be responsible toe the abuses which tiltee may13 Corp. ''etin the cxe .- o this rilghx, in the cnqes, and accordting to the Aeeri,,k, whic-h thiaihl dtrie . Nouoneecn ibe troubled on a'mtunt of reiizi-.n, long as hei respecEN the State, and gives ito 03fenice itn pu,i..c t'i:,' . Everv personnmay remiain in, oirdepart tram the emapire at urur.thie p6lice regwil~tioiis being observed, andl preiudice te t,hiril p:rlics salced. 7. The house of elery citiren tIA F a -n ~ihf' aisvIltmi by. ti:iht it cannot be enteredl ~tce" wth te ,Wt't5 cnset, r to save it fromD fire or Casc, an . 1 tta ;tsentrnce an aonie he sancttioned in the & No prr~ot-~1rn~'.ii~, whichthe lawi sh'all ileteriiie. Oetd xeept ill the c&ses e dare t1.bw trid n cadatsthin2,4 hours-in citie,s or twsnear tt'e ndL'e's residencce. 24 hoarsz, and within a reaonable Pcetodl iTt' places mrore reniote_-.aLs jntdge shall, by a n-ote signed by hi'-sclf. tusk- !tnown to the t'tisonczi the catue of iris arrest, the nanis-, oh hi, a:m-rs and of tite witnesses ac-2inst him1. 9. Eveni a'-c'r J-Oi-,irttrlreo p,erson a!readyarrested slhall ;we detained in pri- son if heaosth proier bail, in the casex ii whiich bail is- admirtted by i and. in izereral, in ofrences to whlichi tio greater penalty is at~- ra~dthan ~'%r enuths iinprisonifire:t,t ,r battisMlsment forthi Of the, dit icthe ncrosel. ns'v I,' Ret at libertv on Itis own recoqnis;aticc. l't. W~~iithesetin t ros talken ;,, 4Ar~r,:n1c delirfta, no pT-s-ri can ~ iceinpii-rncii without a renitten order fromij a hatwful (th,iv.I iohe7ir Prove to be arbitrary. thec lodgie whlo grant' it-au. e eoisert tNi in,ne rh la: 15u-rieci II1. 'No ow,, shah be seti'. ~ ~ ~ ~ It'i 4i O be ced C5ecp hy the crnioetent azuthoritv. and in virtue - antarltTir ;a w. 12. Thl~ indecpendetnce of thte judicial llower stiill he 'nsiztuned. Noa:hrt can zissuttwe im,dsiiction over pe~nd- in a's. ga them. or r-evive actions. I.M The la- s3itall be to all. wlitb.-T to- Protect or to punish, and shall rewaard every, oni "Mdtitng t.5 !h;s Oeserts. 14. Eavery~ citizer, is admiss~ible to I "2,1iec offices. ei`r:. poiltical. or minlitary, withouttilistinction, exr- c as c resp-ccv tit.n ralci-ts anti vitttil2s. i5.N ~o one shall bie ex. ft'r-r it'tn~ to t1he r'xpCTisCs of thle state it. propertion to ~ 'a~s. 1. AXll ti-r.ileges not essrnti dlv connec:ed wcith 'i-ce, o' -u h alilv are abolished. 17. WVitll the exception 'it the catm'es ,bshictr fromn thecir nature. belong to particular, joi- r'.r'ictiorns ina cnnfscot!i:y- with the late, thecre sliall be no privileged. cime- iter 'peciJr co-rntis-ions. either in civil or crhiitt"ial causes-. 18 .-. li antI cricoit;11tco,.l. tha'dled o:1 -ihr- solidI basis ofilustice adequitv. shlall he dc .%tn up as sooin as poitsible. 19i. Frami this rc lhenceforth &te for eve:r ab)oli,shcd. awhiptsing. thle torttire, brand'- inz. and all th- ctore cruel puCtiiirnent'. 20. -No punishirent sltall earenrd beYondi the per-rn of the delinquent. Wherefore in no -~alP\,7Tbe Clintiscamtee.or infamy be transimitted to ainv an wlcrl; e Ithe criminal.21 Theganl shiall be secuire, clean," an elrezvhl-r'e. having &-visions for the separation oh tile prs- acreri 'zrP teirc:rciun'stances. anti tle ri.iture of their n'.e- n, 22. The -i-it o' property is, g-uaranteed in its fullest ex- le-!. I f the public good. legrallv prol,ed. reqniiee thte use or the loan ,! i ts'srs-,, the wtneCT s,hall be previously indecmnified for the valuec th.-re-f. 2.T' ulcubtiin.-ninr rhguaneh.24.-No l:ir oflnher.culivaion.ind-~tv. r cmmece, ran he prolibitedi i''benot ioo-Xied s- piibli poor-ils, or to the safety and health of the r'tnzen'. 25. All pr-ofessionial corrorsiions are 'abolisied. 2P.- inven-rses ha!] hase secured to) themi thte prolpermv off itiir dlis- *vq-'ts oyr pro,lurtions. 27. The secr,erv of leitrem is invio- ~ Thr Pd:vaistrati,)n oh the posrt-i6ice is mnade rigorously tsQt:'c frO e-ver- i!:Fraetioa of thti; article. dm1. RewardIs c-rc dfoe ecr-vicc`s Elone to thec swtat, whether civil or niili- ;re. icen a:n c-ua-anteed. 211. Public ofniBers are respons,ible for cTMet-1n;z t clFeective respotisibility frn-" their subali erns. 30. Every ct'.~ecn rn-is tr-r iti it riqlag to the Legisative I'lodv anti to thec Exeruti,z. 'nrsr-ance,Cs. cornulaitst, lie petitbon-, an'd mnay extiose a-ny :f-fartiv-, of the co'-stirutiot, requirine fromi the ronmitetent atu- 'I r-tvtI rfti-e 1 reptshliyo1h nfatr. . The consti' ntic-"`1 also 3,1I-nelPMc~icus-.2 rmr rdgant infnructit-vto , c-/cs p 3bli s'Collrgs a32. Utive'ISrtidgrawhereins sball. be tanzi't the elernenits of the sci-nces, literature,' and the as. 34i. 'Pue rniti.tutrional iauthorities cannot susp lend the w- cr-nturti. in what respects the ti :litm of individutals, except ?nthe cases arlI r;rcin'.stances specifiedl in the or!xt sectionl. ?.-. I rcsrsc ot reMhelrim or of ho~ftiie invasion, arnd the safety lig-l should be d!sprerli with for acertain titus, the%arnniena' Foe doebi- k pca act of the legislature. If, to-wcver, the legi-lature sholdoo at tl1, tirie be assetitbblrd, thle Governinent m;at-, th~e citncer oi the coon-is' beirng im iet xriethspeato s peviriand indi'peosshle mtiastmre. to lie imnitediarely suispenled, w>eO te nec s~ite tichcaus,ed it rceases in either cas.e, there is; tone rlresv:nted to tie Assembly on its meeting, a ronprt on all the iTnr-snrnen-rs ar,h -niunds of arrest and ottier prerauttion-ary mea- sore,~ ahiih may ha~ve been taken. Whitever authiorities miav liavc ordeed ?n'emeec-rr shri'L be hieldI responsible for thle 'aburse n :b may have, atalen lace. .'io-'I.rvc Ilo Ma-ifd ai Costa. F7ancisCo \'illela Ilarboza. L::z Je.Te' le I neLvalhio e SIlello. Baral; tie St. ArMsTO. Clemnente Fn'rreira Fr-.rpa. A.Sntonio Luis Aerceira(a Cmmnha. Ma~riano Jo-E P'retrtmda Fonccca. Mlarlot Jacinto Notmueira Gjamst. Je~ Gse-smtailviraEt'do,-a.JosdJrr?qu~imCarn,eirodet,atipos. Jome anciro. Desc. 11. 11123. It ~;;i he obixerved that a fewe foragrapbs are on-it!ed in the prr,cteinc er,ptn. be,-ides othcrs whicli are abridgred. Tile onlis- str err- o,-casi,'.edl bev time ltn,s of'a foblio or two in the miai. -5cr-pz cot.- iron which see ma:le ouir tranltin. WVe believe- the~y- !lbe fe-and of r.e ionpimotance. .rPI.RE OFa BRZIL.