Page images
PDF
EPUB

IV. Are excepted from the preceding disposition, and shall moreover be honourably and suitably rewarded, those who efficaciously contribute to the deliverance of the King.

V. The Generals and Officers of the Line and Militia, who have followed the King to Cadiz, are declared personally responsible for the lives of their Majesties, and the Royal Family, and may be brought before a Council of War, to be tried as accomplices of any violence which may be committed on the Members of the Royal Family, and which it might have been in their power to prevent.

VI. Explicit orders shall be sent, by the most prompt and opportune means, to the Governor of Ceuta, to interdict the entrance into that fortress of the Cortes and Revolutionary Government, should they present themselves there; subject, however, to the express condition, that the Persons of the Royal Family be not in the least endangered by such interdiction.

VII. The most vigorous and vigilant measures, by sea and land, shall also be concerted with his Royal Highness the Duke d'Angouleme, in case of necessity, to prevent the conveyance of their Majesties and the Royal Family beyond Sea.

VIII. General Prayers shall be put up during eight successive days, to implore the Divine clemency under circumstances so critical, and during that period, the Theatres shall continue closed, and publick amusements prohibited.

IX. Information shall be sent by Extraordinary Couriers of the present measures to all the principal Courts of Europe.

Let it be understood, &c.

THE DUKE DEL INFANTADO, President.

THE DUKE DE MONTEMAR.

JUAN, Bishop of Osma.

ANTONIO GOMEZ CALDERON.

JOSEF GARCIA DE LA TORRE,

Secretary of State, of Grace and Justice.

(7.)--Proclamation to the Spanish Nation.-(Translation.)

SPANIARDS!

Madrid, October 5, 1823.

Our most ardent wishes are fulfilled. The King is free! Our be loved Monarch and the Royal Family are released from oppression and the most severe slavery! The desired, the idolized Ferdinand lives! The Queen miraculously lives! They come to occupy, with renovated glory, the Throne of Charles the Third, of Philip the Fifth, and of his Grandfather. Eternal glory to the great Prince, and to his Liberating Army, which you have received with enthusiasm, and which you will this day load with your tenderest benedictions, for having restored liberty to your King.

[ocr errors]

Ferdinand free! Behold, Spaniards, the great object obtained,

and the auspicious termination of so many Negociations, so many efforts, battles and triumphs, so many sufferings and sighs! The cares of the great Monarchs of Europe have not been in vain, nor the paternal solicitude of the venerable and august head of the Bourbon Family, nor the noble efforts of the illustrious Prince, his adopted Son, nor the heroick sacrifices of the magnanimous Nation, which is this day and from henceforth our friend and sister. The blood of Spanish Royalists which has been shed, and their sufferings, have not been in vain; they have, by more than human efforts, heroically contributed to the deliverance of our King.

Ferdinand free! Monarchs, Nations of Europe, and all Spaniards, behold the price and the recompense of your labours; behold the memorable event from which will date the new era of repose, of peace, of tranquillity for the People, of security for Thrones, the total destruction of factions, the liberty and the happiness of loyal and catholick Spain.

Spaniards! Glory be first to God: to God who holds in his hand the hearts of Kings, who has inspired them with the idea of effecting so glorious an enterprise, of which there is no example in the History of the World. Let us praise and bless the Monarchs, and let the Princes, the Generals, and all the Royalist Soldiers and Companions in arms of the two Nations, who have immortalized themselves in the great struggle of fidelity against rebellion, receive the expression of our gratitude!

In the whole Peninsula, in the vast regions of the other Spanish Hemisphere, let nothing be heard but hymns of benediction, songs of praise, of reconciliation, and of peace! When our common Father comes amongst his Children, let him hear in the paternal mansion nothing but the voices of reconciliation and peace: let all, united as Brothers, surround the Throne, and make a sacrifice of their hatreds and prejudices; let no one dare to interrupt this triumphal fête by cries of distress, which would afflict the heart of our good King.

Christians and generous Spaniards,-The Members of the Regency, who have governed you in days of trouble, and whom you so loyally obeyed, speak to you to-day for the last time; they are going to replace in the sacred hands of their King the charge which has been intrusted to them; they are going, as faithful Subjects, to mingle with you again in order to render faith and homage to their Sovereign. Their joy would be complete, if they could accompany the numberless proofs of your fidelity with the act of universal reconciliation, though it were sealed with their blood; if they could see their brethren, who have been led astray, repent and mingle themselves with the faithful; the weak, encouraged by the example of the strong, throw themselves at the feet of their King. Ferdinand, the pious, the merciful, (the Regency are well assured) will readily forget all his sufferings, if, in return, he can see all his Children reconciled, and saluting him with

1

sentiments of unalterable fidelity, with the name of Father, and Lord, of the great Spanish Family. His magnanimous heart will answer your acclamations, by calling you his dear Children: then will commence a new and happy era for restored Spain.

[ocr errors][ocr errors][ocr errors][merged small][ocr errors]

PROJECT of Constitution for the Empire of Brazil.
30th of August, 1823.

(Abstract.)

TITLE I. Of the Territory of the Empire of Brazil.

[ocr errors]

The Empire of Brazil is declared to be one and indivisible, and to extend from the mouth of the Oyapok to the 344 degree of south latitude; its Territory to consist of the Provinces of Parâ, Rio Negro, Maranhao, Piauhi, Ceará, Rio Grande do Norte, Parahiba, Pernambuco, Alagoas, Sergipe d'El Rei, Bahia, Espirito Santo, Rio de Janeiro,' S. Paulo, Santa Catharina, Rio Grande do Sul, Minas Geraes, Goyaz, Matto Grosso, the Islands of Fernando de Noranha, and Trindade,TM* and others adjacent; and, by federation, the Cisplatine State. h

It is declared that the Brazilian Nation does not renounce any claim which it may have to any other possessions not included in the list of provinces.

TITLE II. Of the Empire of Brazil.

[ocr errors]

All free natives of Brazil residing therein, the children of Brazilians born in Foreign Countries, freed Slaves, naturalized Foreigners, whatever may be their religion, &c. are declared Citizens. Letters of · naturalization will be granted to Foreigners, possessing property, having agricultural or commercial establishments, having introduced or prac-i tised any useful art, and being domiciled in the Empire. Personal li berty; Trial by Jury; Religious liberty; the free exercise of industry; the inviolability of property, and the liberty of the press, are guarantied under certain restrictions and modifications. The trial by jury is confined to criminal cases, and civil questions are, for the present, to con- " tinue to be decided by judges. The Roman Catholick Apostolick Religion is declared to be the religion of the State, and the only one maintained by it; but all persons belonging to any Christian com-" 1munion may enjoy every political right in the Empire. Religions, not'' Christian, are merely tolerated, and their profession excludes from political rights. The Censorship over the press is abolished, subjectTM' to particular regulations; but a Censorship is reserved to the Bishops," on works relating to religious doctrine and morals. 46128 boi mod

3

[ocr errors]

ין

TITLE III. Of the Constitution and the National Representation. The Constitution of the Empire is declared to be a Representative... Monarchy, hereditary in the dynasty of the present Emperor Don

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 för 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 ms 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 de 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, domes tick servants, labourers hired by the day, &c. The qualification for a 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

« PreviousContinue »