Pedro I. The recognized political authorities are the legislative, the executive, and the judicial powers, which are to be delegated by the Nation; and any exercise of those powers, without such delegation, is declared a usurpation. TITLE IV. Of the Legislative Power. The articles under this title minutely particularize the powers and the constitution of the Legislative Body, called the General Assembly. The Legislative Authority is delegated to that body and to the Emperor, conjointly. The assembly is divided into two Halls: the Hall of Deputies, and the Hall of Senators, or the Senate. No Law is to be debated in secret; and every proposition must be publickly discussed; with some exceptions, expressly stated in the rules for the internal government of the halls. To authorize the adoption of a resolution, more than one half of the members of a hall must be present. The duration of the General Assembly is 4 Years: and the Session, which lasts 4 Months, is to commence every year on the 3d of May. All placemen, with the exception of Ministers of State and Members of the Emperor's Council, are excluded from seats in either Hall of the Assembly. All proposals for Laws respecting the Revenue, recruiting, or a new dynasty, must originate in the Hall of Deputies. No bill for Taxes can be altered or amended by the Senate; but must be merely approved or rejected. Propositions made by the Emperor are also to be first discussed in the Hall of Deputies. The Members of the Hall of Deputies are elected for every Legislature; but the Senators are chosen for life. In the first instance, the election of Senators is to be provincial, as for the Deputies, but triple lists are to be returned to the Emperor, for his choice: afterwards vacancies in the Senate are to be filled up from triple lists, presented by the Hall of Deputies to the Emperor. The Emperor may refuse his sanction to a Law, a first and a second time; but if the same Law pass in a third Assembly, it is then held to have received the Imperial assent. The Emperor must give or refuse his sanction within one month; but when a Law which has passed both Halls shall have been presented to him, if he do neither, within that period, the Law is, notwithstanding, held to be obligatory. TITLE V. Of the Elections. The elections for the Legislature are to be indirect; the great body of citizens voting for the Electors, and those for the Deputies, to the exclusion of minors, military officers, the clergy in orders, monks, domestick servants, labourers hired by the day, &c. The qualification for an elector is a clear annual income equal to the value of 250 alquieres of Mandioca flour, estimated according to the average price of the district in which he resides. To be qualified for a Deputy it is necessary to be 25 years of age, to have a clear annual income equal to 500 alquieres of Mandioca flour, estimated in the same manner. The qualifications of a Senator are 40 years of age, and double the annual income of a Deputy. TITLE VI. Of the Executive Power, or of the Emperor. The person of the Emperor is declared inviolable and sacred. He can freely appoint and dismiss the Ministers of State and his Privy Councillors, nominate Ambassadors, declare War, and make Peace, &c. The civil list is to be settled at the commencement of each reign, and to be unalterable during the reign. If an heir to the Crown of Brazil succeed to a Foreign Crown, he cannot hold both, but must make his option. On the accession of the Emperor, he is to take the following oath before the President of the Senate, and in the presence of the Members of both Halls, viz: "I swear to maintain the Roman Catholick Apostolick Religion, and the integrity and indivisibility of the empire; and to observe, and cause to be observed, the Political Constitution of the Brazilian Nation, and the other Laws of the Empire, and to do every thing in my power for the general welfare of Brazil." TITLE VII. Of the Ministry. The ministers and their agents are declared responsible for their acts; no order of the Emperor, either verbal or written, can be pleaded in bar of this responsibility. TITLE VIII. Of the Privy Council. Privy Councillors are responsible for the advice they give. TITLE IX. Of the Judicial Power. A Law is to be passed to regulate the composition of juries, and the form of their proceedings. TITLE X. Of the Government. The administration of the provincial districts is provided for. TITLE XI. Of the National Revenue. The system of taxation, and the forms to be observed with respect to the Estimates, and the disbursement of the publick money, are described. TITLE XII. Of the Armed Force. The mode of classing the military is prescribed, and the armed force is declared to be essentially obedient, and not a deliberating body. TITLE XIII. Of Publick Instruction, Charitable Establishments, and Houses of Correction and Labour. Laws are to be passed to regulate the establishment of primary schools, universities, hospitals, &c., the civilization of the Indians, the gradual emancipation of the Negroes, and the means of giving them a religious and industrious education. TITLE XIV. Of general Regulations. Regulations are provided respecting the privileges of Foreigners; the rights of Individuals of all Classes, and the eligibility of Persons to hold Offices of publick trust. TITLE XV. Of the Constitution and its revision. The revisal of any part of the Constitution is provided for, when two-thirds of each hall of the Constitution shall, in three successive Legislatures, vote for the alteration of an article. [In all 272 Articles.] Rio de Janeiro, 30th August, 1823. ANT. C. RIBEIRO DE ANDRADA MACHADO E SILVA. ANTONIO LUIZ PEREIRA DA CUNHA. M. FERREIRA DA CAMARA DE BETHENCOURT E SA. Note.-Another "Project of Constitution for the Empire of Brazil, prepared in the Council of State, on the Bases presented by His Imperial Majesty," dated 11th December, 1823, was finally sanctioned by the Emperor on the 25th March, 1826. [See vol. 1825, 1826, Page 936.] LAW of Buenos Ayres, relative to the Principle to be maintained in any Negociation with Brazil, respecting the Banda Oriental; passed in the Secret Sitting of 10th May, 1822. (Translation.) Principle recognized by the State of Buenos Ayres. THE Honourable Junta having received through the Ministry of Government and Foreign Affairs, the confidential letter of his Most Faithful Majesty's first Minister of State, dated Lisbon, November 3d, addressed to the Minister for Finance for this Government, which was forwarded to him by the Baron de la Laguna, with another letter serving for its transmission, dated the 15th ultimo, have conferred with due deliberation, in the sittings of the 8th and 10th, on the particulars therein contained, and in virtue thereof have decreed the following Articles : I. The principle is recognized, that the attempt to destroy such Constitutions and Governments as do not emanate from the spon taneous will of those who, on the ground of privilege, consider themselves exclusively authorized to give justice to, or withhold it from nations, is subversive of every National right. II. The Government is authorized to negotiate, in maintenance of this principle, the Defensive Alliance suggested by the Prime Minister of His Most Faithful Majesty, in his confidential communication to the Minister of Finance, dated the 3d of November last. III. The preliminaries being adjusted (among which, the evacuation of the Banda Oriental shall be particularly included), the Government shall present an account thereof to the National Representation, to obtain that full authority which the conclusion and ratification of a definitive treaty requires. The above is by order of the Honourable Junta communicated to your Excellency for your information, and its consequent execution. God preserve your Excellency many Years. Hall of Sessions, Buenos Ayres, 10th May, 1822. JUAN JOSE PASO, President. The Government of the Province. Published by authority of the Hall of Representatives, 7th July, 1823. RIVADAVIA. LAW of Buenos Ayres, relative to the Basis of any Negociation with Spain.-19th June, 1823. (Translation.) Basis of every Negociation that may be entered into with His Catholick Majesty. THE Honourable Junta of Representatives of the Province, in virtue of the ordinary and extraordinary sovereignty vested in them, have sanctioned the following Articles, which are to have the force and effect of a Law. ART. I. The Government, in conformity with the spirit of the Law, dated August 16th, 1822,* shall not conclude with His Catholick Majesty any Treaties of Neutrality, Peace or Commerce, unless the War have ceased in all the new States of the American Continent, and their independence be recognized. II. The preceding Article shall have no effect in case any of the new States should, independently of this State, proceed to negociate *Law of the 16th August, 1822.-Art. I. The Government is authorized to negotiate for the cessation of the War in Peru, with the previous concurrence of the people of the Ancient Union, and of the States of Chili and Lima. II. The Government is authorized to adopt such pacifick measures as may conduce to the restoration of tranquillity and order amongst the People of the Ancient Union, who are agitated by civil dissentions. III. The Government shall be provided, forthwith, with the sum of 30,000 Dollars in furtherance of these objects. on the subject of its recognition by the Government of His Catholick Majesty, or in case, without taking such a step, it should recognize any condition other than those specified in that Article. III. The Government shall immediately employ all means which it may deem efficacious for accelerating the cessation of the War, and the recognition of independence. IV. The Government is authorised to apply, for the present, the sum of 20,000 dollars to this end. The above is, by order of this honourable body, transmitted to your Excellency, for your information and its fulfilment. God preserve your Excellency many Years. Hall of Assembly, Buenos Ayres, June 19th, 1823. MANUEL DE ARROYO Y PINEDO, President. The Government of the Province. STATEMENT of the Receipt and Expenditure of the Province of Buenos Ayres for the Year 1822. |