article appears to be, to provide for the case of the death of the empress.]

Art. 126. [This article directs, that in case of physical or moral incapacity on the part of the emperor, recognized by a majority of each of the chambers of the assembly, the prince regent, if he be turned of 18, shall be appointed regent.]

Art. 127. The regent or regency shall take the oath mentioned in Art. 103, with the addition of a clause for fidelity to the emperor, and for the delivery of the government as soon as he shall be of age, or his incapacity shall cease.

Art. 128. The acts and orders of the regent or regency shall be issued in the name of the emperor.

Art. 129. Neither the regent nor the regency shall be responsi

ble.

Art. 130. During the minority of the successor to the throne, he shall have for his tutor the person appointed by his father's will; or failing such person, the empress mother, while she remains unmarried; failing her, the assembly shall appoint a tutor; but the appointment must not be given to the next heir to the crown.

Chapter VI. Of the Ministry.

Art. 131. There shall be different secretaryships of state, to which shall be referred the affairs belonging to each.

Art. 132. Orders shall proceed from the ministers of state, otherwise they cannot be executed.

Art. 133. The ministers of state shall be responsible-1. For treason. 2. For corruption, subornation or extortion. 3. The abuse of power. 4. For failure in the observance of the law. 5. For acts

contrary to the liberty, security, or property of citizens. 6. For any waste of public property.

Art. 134. A particular law shall specify the nature of these offences, and the manner of proceeding against them.

Art. 135. The ministers cannot escape from their responsibility, in consequence of any orders given by the emperor, whether verbal or written.

Art. 136. Foreigners, although they may be naturalized, cannot become ministers of state.

Chapter VII.-The Council of

State.

Art. 187. There shall be a council of state composed of councillors for life, appointed by the

emperor.

Art, 138. not exceed ten.

Their number shall

Art. 139. In this number the ministers of state are not to be included, neither shall the ministers act as councillors of state, without being expressly appointed for that purpose by the emperor.

Art. 140. The same 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 religion, to respect the constitution and the laws, to be faithful to the emperor, and to give him conscientious advice, having in view only the welfare of the nation.

Art. 142. The opinion of the councillors shall be heard on all important business, and on the general measures of administration; but principally on questions of war or peace, negotiations with foreign powers, and on any occasion on which the emperor may

propose to exercise any of the functions of the moderating power pointed out in Art. 100, with the exception of the 6th.

Art. 143 The councillors of state shall be held responsible for any advice they may give with the design of violating the laws or the interests of the state.

Art. 144. The imperial prince, on coming of age, shall be president of the council of state. The other princes of the imperial family cannot become members of the council, except by the appointment of the emperor. The princes are not to be included in the number specified in Art. 138.

Chapter VIII-Military force. Art. 145. Every Brazilian is required to bear arms in defence of the independence and integrity of the empire, and to protect it against its enemies, foreign and domestic.

Art. 146. The general assembly not having determined on the permanent 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 assembled, except by command of the legitimate authority.

Art. 148. It belongs to the executive power to employ the naval and military force as may be expedient for the security of the empire.

Art. 149. Officers of the army 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, pay and discipline,

TITLEVI. Of the Judicial Power.

Chapter I-Of the Judges and Courts of Justice.

Art. 151. The judicial power is independent, and shall be composed of judges and jurors, both in civil and criminal cases, in such manner as the law shall hereafter determine.

Art. 152. The jurors shall pronounce on the fact, and the judges shall apply the law.

Art. 153. The judges shall be perpetual; by which it is not to be understood that some may not be transferred to other offices and places, at the time and in the manner which the law shall determine.

Art. 154. On complaints being preferred, the emperor can suspend the judges, after giving them audience and consulting the council of state.

Art. 155. Judges cannot be displaced, except by a sentence.

Art. 156. All judges of law, and officers of justice, are responsible for the abuses of power and transgressions committed in the discharge of their duties.

Art. 157. Judges may be prosecuted for subornation, corruption, or extortion; and the action may be instituted within a year and a day, either by the person aggrieved or by any other, the forms of process established by law being observed.

Art. 158. In order to the trying of causes in the second and dernier resort, there shall be established in the provinces the tribunals neces sary for public convenience.

Art. 159. In criminal cases, the examinations of the witnesses, and all the proceedings of the trial, shall be published immediately on the decision.

Art. 160. In civil causes or ac

tions for civil penalties, the parties may nominate arbitrators.

Art. 161. Without proof of reconciliation having been attempted, no prosecution can be commenced. Art. 162. For this purpose there shall be justices of the peace, who shall be elected at the same time and manner as the members of the chambers. Their powers and districts shall be regulated by law.

Art. 163. Besides the court which must exist in the capital of the empire, as well as in the provinces, there will also be a court entitled the supreme tribunal of justice, at which will preside judges selected from the other courts, according to their seniority.

Art. 164. The duties of this tribunal will be-1. To permit or to refuse the revision of causes in the way determined by the law. 2. To inquire into the abuses committed by its own officers, or those of the other courts, persons connected with the diplomatic body, and the presidents of the provinces. 3. To investigate and to decide on disputes respecting the jurisdiction and competency of the provincial

towns now existing, and in those which may hereafter be created, there shall be councils for managing the economical and municipal government of the said cities and towns.

Art. 168. The councils shall be elected and composed of the number of land-holders which the law may determine; and he who may obtain the greatest number of votes, shall be president.

Art. 169. The functions of these councils, the formation of their police, the application of their revenues, and all their useful attributes, shall be decreed by a regulating law.

Chapter III-[This Chapter és

tablishes the principal Financial arrangements of the empire.] TITLE VIII-Of the general Regulations and Guarantees of the Civil and Political Rights of Brazilian Citizens.

Art. 178. What is stated re specting the limits and respective jurisdictions of the political powers, and respecting the political and civil rights of citizens, is alone constitutional. Every thing not constitutional may be altered by ordinary legislatures, without the for

malities referred to.

Art. 179. The inviolability of the civil and political rights of the Brazilian citizens, which have for their basis, liberty, and the security of persons and property, is guaranteed by the constitution of the empire in the following manner :-1. No citizen can be compelled to do, or to refrain from doing any thing, except in virtue of the law. 2. No law shall be made except for public utility. 3. Its enactments shall never be retroactive. 4. All persons may communicate their

thoughts by speech or writing, and publish them by the press, independent of censorship. Nevertheless, they must be responsible for the abuses which they may commit in the exercise of this right, in the cases, and according to the forms, which the law shall determine. 5. No one can be troubled on account of religion, so long as he respects the state, and gives no offence to public morals. 6. Every person may remain in, or depart from the empire at pleasure, the police regulations being observed, and prejudice to third parties saved. 7. The house of every citizen is an inviolable asylum: by night, it cannot be entered, except with the owner's consent, or to save it from fire or inundation: by day, its entrance can be sanctioned only in the cases, and according to the manner, which the law shall determine. 8. No person not indicted can be arrested, except in the cases declared by the law; and in those cases, within 24 hours, in cities or towns near the judge's residence, and within a reasonable period in places more remote-the judge shall, by a note signed by himself, make known to the prisoner the cause of his arrest, the names of his accusers, and of the witnesses against him. 9. Even after indictment no person already arrested shall be detained in prison, if he offer proper bail, in the cases in which bail is ad"mitted by law; and, in general, in offences to which no greater peInalty is attached than six months' imprisonment, or banishment from the district, the accused may be set at liberty on his own recogni

zance.

10. With the exception of those taken in flagrante delicto, no person can be imprisoned without a written order from a lawful

authority. If the order prove to be arbitrary, the judge, who grants it, shall be punished in the manner the law may direct. 11. No one shall be sentenced except by the competent authority, and in virtue of an anterior law. 12. The independence of the judicial power shall be maintained. No authority can assume jurisdiction over pending causes, stay them, or revive actions. 13. The law shall be equal to all, whether to protect or to punish, and shall reward every one according to his deserts. 14. Every citizen is admissible to public offices, civil, political, or military, without distinction, except as respects his talents and virtues. 15. No one shall be exempt from contributing to the expenses of the state in proportion to his means. 16. All privileges, not essentially connected with offices of public utility, are abolished. 17. With the exception of the causes, which, from their nature, belong to particular jurisdictions in conformity with the law, there shall be no privileged court, nor special commissions, either in civil or criminal causes. 18. A civil and criminal code, founded on the solid basis of justice and equity, shall be drawn up as soon as possible. 19. From this time henceforth are for ever abolished, whipping, the torture, branding, and all the more cruel punishments. 20. No punishment shall extend beyond the person of the delinquent. Wherefore in no case shall property be confiscated, or infamy be transmitted to any of the relatives of the criminal. 21. The gaol shall be secure, clean, and well regulated, having divisions for the separation of the prisoners according to their circumstances, and the nature of their crimes. 22. The right of property