with a dexterous artifice and virulence, aiming at the destruction of the moral force of the government, and threatening my imperial person with the examples of Iturbide and of Charles I., and also through emissaries who supported and propagated the same seditious principles.

The fermentation which was to produce the revolutionary volcano being thus prepared, the faction which had become preponderant in the assembly availed itself for the fatal explosion of a petition from the citizen David Pamplona-described as a Brazilian by birth, being, nevertheless, a native of the Portuguese islands, who complained of some blows which he had received from two Brazilian officers, natives of Portugal, and who, according to the opinion of a committee, ought to have proceeded by the ordinary course of law. Before daylight, and with the most criminal forethought, the leaders of this horrible faction, assisted by their partisans, invited a number of persons to come armed with poniards and pistols to support them, by spreading terror among those illustrious, honourable, and worthy deputies of the assembly, who, faithful to their oaths, made it their sole endeavour to fulfil the just confidence reposed in them by the noble Brazilian nation, and who, consequently, wished to maintain the tranquillity necessary to their deliberations.

On that unhappy day, tragic and frightful scenes took place. Cries were set up, and supported in a manner equally extraordinary and scandalous. The illustrious president, with a prudent vigilance displayed in the breaking up of the sitting, put a stop to evils which would have burst forth with the

dreadful noise of an immense volcano, fermented by the fury of parties, by national hatred, by the thirst of vengeance, and by the most inflated ambition. Such was to be expected from the great number of persons, who, within and without the assembly, were disposed to sustain the projects of this terrible faction; and such was to be feared from the great quantity of arms profusely sold in the city on the preceding days, and from the scandalous acclamations by which the leaders of the wicked party were received and extolled by their satellites when they came out of the assembly, in despite even of my imperial presence.

This scene of danger was again renewed. Violent and virulent speeches from those who belong to the faction continued to fan the flame of discord, and many of their dependents, both in the galleries of the assembly and without, protected the horrible results which were the necessary consequences of the premeditated plans. To this end they demanded and obtained the establishment of a permanent session, under the specious pretext that it was not fit it should be dissolved until tranquillity should be established. For this latter object, I had commanded the whole of the troops to march and assemble in the plain of S. Christovao, with the just design of leaving the assembly in perfect liberty; and I afterwards acquainted the assembly with this determination, in order that they might take into consideration the motives which I justified it, and the necessity of providing some positive measures tending to the re-establishment of tranquillity. No such measures, however, were taken, but they continued, on the contrary to pursue their discussions

with the same warmth and obstinacy; and, under cover of a multitude of specious pretexts, the ruin of the country was aimed at, while their first and most decided attacks were directed towards my august person, which was treated with every disrespect that calumny and malignity could suggest.

Nor was revolutionary fury the only feeling which appeared in these extravagant attacks. They went still further, and aimed at an excessive restriction of the attributes, which belong, by the very nature of representative governments, to the head of the executive power, and which had been conferred on me by the nation as constitutional emperor and perpetual defender of Brazil. They even went so far as to require, that the whole or a great part of the troops should withdraw to a distance from the city; thus leaving the government without its necessary vigour and support.

The delay in adopting decisions, which is always dangerous in urgent cases, and which must finally prove fatal in the present melancholy state of affairs-the horrible prospect of some imminent catastrophe-the despair of some -the pride and political fanaticism of others the alarm and fear of all peaceful citizens-the dangerous state of the country, and the dread of the ruin and subversion of the state,-all imperatively demand prompt and efficacious measures, and remedies which, though apparently violent, can alone succeed in producing early and happy results.

And what measure would be the most likely to succeed in so arduous and perilous a crisis? What dike could be found to stay the revolutionary torrent, to bear up

against the force of its waves, and to paralyse them completely? No other was so obvious or so powerful as the dissolution of the assembly. This, and the dismissal of the ministers, are the preservatives from public disorders in constitutional monarchies; this last was put in practice, and there was then no other resource left than to carry the first into execution, though to the great sorrow and grief of my imperial heart. Actuated, therefore, by these powerful motives, and by the urgent necessity of saving the country, which is a supreme law, and justifies extreme measures in cases of great risk, I commanded the dissolution of the assembly by the decree of the 12th current, at the same time directing the convocation of another, according to the public constitutional law, to which I am desirous to conform.

In that same decree, as well as in that of the 13th, which repeated and extended it, irrefragable proofs were given of the absolute necessity of adopting so forcible a measure, and of my anxious desire to re-establish the constitutional system, which was proclaimed by the Brazilian nation, and which can alone ensure the happiness of the empire. If circumstances, so difficult and perilous, have compelled me to put in practice so violent a remedy, I have only to observe that extraordinary evils require extraordinary measures, and that it is to be hoped that they will never be rendered necessary again. The people, now satisfied of the extent of my magnanimity and constitutional principles, and of my earnest desire to promote the national happiness and tranquillity, will desist from the commotion caused by this disastrous event, which is equally

cures.

THE EMPEROR.

Rio, Nov. 16. 1823.

or;

TITLE 1. Of the Empire of Brazil, its Territory, Government, Dynasty, and Religion.

Art. 1. The empire of Brazil is the political association of all Brazilian citizen. They form a free and independent nation, which admits of no other bond of union or federation which may be opposed to its independence.

Art. 2. Its territory is divided into provinces, in the form at present existing, which may be subdivided as the good of the state requires.

Art. 3. Its government is a monarchy, hereditary, constitutional, and representative.

Art. 4. The reigning dynasty is that of Senhor Don Pedro, the existing Emperor and perpetual defender of Brazil.

Art. 5. The catholic apostolic roman religion shall continue to be the religion of the empire. All other religions will be tolerated, with their domestic or particular worship, without any external form of temple.

2.

though the father be a foreigner, provided he does not reside in Brazil in the service of his nation. The sons of a Brazilian father, or the illegitimate children of a Brazilian mother born in a foreign country, who may come to establish their domicile in the empire. 3. The children of a Brazilian father who may be in a foreign country in the service of the empire, even though they should not come to establish themselves in Brazil. 4. All those born in Portugal or its possessions, who, being resident in Brazil at the time of proclaiming the independence of the provinces in which they reside, shall adhere to that independence expressly or tacitly by continuing their residence. 5. Naturalized foreigners, whatever be their religion. The law shall determine the qualities necessary to obtain naturalization.

Art. 7. He shall lose his rights of Brazilian citizen-1. Who naturalizes himself in a foreign country. 2. Who, without leave from the Emperor, shall accept employment, pension, or decoration from any foreign government. 3. He who is banished by judicial sentence.

zens.

Art. 6-Those shall be Brazilian citizens-1. who are born in Brazil, whether free-born or freedmen. This will be the case

TITLE III. Of Powers and the

National Representation.

Art. 9. The division and harmony of political powers is the

respective presidents, vice presidents, and secretaries of the chamber, the verification of the powers of its members, the form of the oath, and the internal police, shall be executed according to regulations to be enacted.

Art. 22. In the meeting of the two chambers, the president of the senate shall preside; the deputies and senators shall occupy places promiscuously.

Art. 23. To constitute a chamber at the commencement of a session, it will be necessary that the half of the members, and one more should have assembled.

Art. 24. The sittings of both chambers shall be public, with the exception of cases where the public good shall require secret sittings.

Art. 25. Business shall be decided by a plurality of votes of the members present.

Art. 26. The members of each of the Chambers are inviolable on

account of the opinions which they

shall utter in the exercise of their functions.

Art. 27. No senator or deputy, during his deputation, can be arrested by any authority, except by order of his respective chamber, unless in flagrante delicto of a capital crime.

Art. 28. If any senator or deputy be denounced, the judge, suspending every ulterior proceeding, shall give an account to his respective chamber, which shall decide whether the proceeding is to go on, and whether the member shall be suspended in the exercise of his functions.

Art. 29. Senators or deputies may be elected Ministers, or Councillors of State, with this difference; that the senator may continue in his chamber, while the deputy must be sent to a new election.

Art. 30. They may enjoy the two offices, if they exercised one of them at the moment of election.

Art. 31. No person can be at the same time a member of the two chambers.

Art. 32. The exercise of any other function, except that of councillor or minister of state, ceases as long as the functions of the deputy or senator continues.

Art. 33. In the interval of the sessions, the Emperor shall not have it in his power to employ a senator or deputy beyond the empire: nor shall they exercise these employments, when they would render it impossible to attend on the convocation of the chambers.

Art. 34. If the good of the State should render in any unforeseen case a breach of this rule necessary, the respective chamber shall determine on that necessity.

Chapter II.-Of the Chamber of Deputies.

Art. 35. The Chamber of Depu ties is elective and temporary.

Art. 36. The Chamber of Deputies has the initiative-1. On taxes. 2. On recruiting. 3. On the choice of a dynasty, in case of the extinction of the reigning family.

Art. 37. The Chamber of Deputies shall likewise have the initiative in the following cases:-1. An inquiry into the past administration, and the reform of abuses introduced into it. 2. The discussion of propositions made by the Executive power.

Art. 38. They shall likewise decree the impeachment of minis

ters.

Art. 39. The deputies shall enjoy during the session a pecuniary subsidy, besides receiving the expenses of their journey to and from the chamber.