Page:Encyclopædia Britannica, Ninth Edition, v. 4.djvu/280

236 the crown. The laws of succession are defined with great distinctness in the constitution, and are the same as in England. In Brazil there is no privileged aristocracy, but descent from the noble families of Portugal, length of time in the service of the country, or large fortune, gives a certain claim to the privileges of aristocracy readily admitted by the Brazilians. The emperor rewards services, according to their difficulty or importance, with the titles of marquis, count, baron, or knight (moyos fidalgos). Titles are not hereditary, but if a sou prove himself worthy of his father, he inherits his title. There are in the empire six orders of chivalry; those of the Southern Cross, the order of Dom Pedro I., and of the Rose, created by the first emperor between 1822 and 1829; and those of Christ, St Benoit of Aviz, and St Theodoric, adopted by Dom Pedro II. The senate represents the only element of aristocracy recognized by the constitution, and the democratic element preponder ates, but its action is modified by the complicated system of election. The constitution established four powers, the moderating, the legislative, the executive, and the judicial. The moderating power is vested exclusively in the emperor as chief representative of the nation, that he may maintain the equilibrium and harmony of the other powers, He exercises this function with regard to the legislature by being empowered to choose the senators, to convoke or adjourn the general assembly, to dissolve the chamber of deputies, and to sanction the decrees of the assembly ; as regards the executive, by appointing or dismissing at will the ministers of state ; and over the judicial power, by suspending the magistrates, pardoning or commuting penalties, and granting amnesties. The person of the emperor is sacred, inviolable, and irresponsible. The legislative power is vested, for the affairs of the empire, in the general legislative assembly with the sanction of the emperor, and for the provincial affairs in the pro vincial assemblies with the sanction of the president (governor) of the province. The general legislative assembly consists of two chambers, that of deputies and that of senators. The deputies are nominated by indirect election. Citizens, and even manumitted slaves, born in the empire, who possess an income of 22, 10s., choose the electors in parochial assemblies, and these electors nominate the deputies. The .qualification for an elector is an annual income of 45 ; that of a deputy an income of 90. Minors, monks, and servants, are debarred from voting; naturalized foreigners, and persons not professing the religion of the state, are incapable of being elected deputies, but they can be senators. The deputies to the number of 122 are elected for four years, and must hold an annual session of four months, opening on the 3d of May. The senators (58 in number) are elected for life. Every pro vince has a number of senators, equal to half its number of deputies ; but they are nominated in triple lists, from which the emperor selects one-third. A senator must be forty years of age, and must possess a clear annual income of 180. The allowance of a senator is one-half more than that of a deputy. Each house nominates its own officers. When the two houses sit in general assembly, as at the opening and close of the session, to hear the emperor s speech, &c., the president of the senate presides, and the senators and deputies sit promiscuously. They sit apart and proceed by way of bill, when they make laws, interpret, and suspend them ; they determine the public charges, and assess the contributions, &c. The chamber of deputies has the initiative in taxes, in recruiting, and in the choice of a new dynasty. The senate has the exclusive privilege of taking cognizance of offences committed by members of the imperial family, councillors of state, senators, and deputies, during the session ; of enforcing the responsibility of secretaries and councillors of state; of convoking the assembly in case the emperor fail to do so within two months after the period fixed by law ; and also of calling it together on the death of the emperor. The executive power is vested in the emperor, assisted by his ministers and secretaries of state, who are responsible for treason, corruption, abuse of power, acts contrary to the liberty, security, or property of the citizens, and waste of public property. From this responsibility they cannot escape upon the plea of orders from the emperor. The exe cutive functions are such as the convocation of the general ordinary assembly ; the nomination of bishops, presidents, governors of provinces ; commanders by sea and land, and ambassadors ; the formation of alliances, and all foreign negotiations ; the declaration of peace and war ; and the granting letters of naturalization. The ministers are seven, one for each of the departments of the empire and ecclesiastical affairs; justice; war; marine; finances ; foreign affairs ; and agriculture, commerce, and public works. One of these is president or premier. To these is superadded a council of state composed of twelve ordinary members, besides which it may have as many as twelve extraordinary members, all of them appointed for life. The council is divided into sections corresponding to the seven ministries, or sits in full meeting, presided over by the emperor. The prince or princess imperial, on attain ing the age of eighteen, has a seat in this assembly. The council is merely consultative, and though its use is optional it is always heard on any important public question or appeal to the crown. The provincial governments ara entrusted to a president in each, appointed by the executive power and immediately under its control : he is the supreme representative of government in the province, sanctions the resolutions of the provincial assemblies, and appoints provincial functionaries. The provincial assemblies, elected every two years by the same citizens who elect members of the chamber of deputies, deal only with matters imme diately relating to the private or local interests of the province. Every city, town, and village, with the surrounding district, has a municipal council composed of nine or seven members, elected directly by the citizens who possess an annual income of 22, 10s. This council is charged with all that concerns the good of the district, meets four times a year, besides extraordinary sessions, and every meeting may last as many days as may be found necessary for the expedition of business. They impose fines to a certain amount, and even enforce their decrees by a penalty of thirty days imprisonment. They annually draw up a municipal budget, which is submitted to the provincial legislative assembly for approval. If their revenue and the produce of fines be not sufficient to defray expenses, an allowance from the provincial treasury is granted. Their decrees are called posturas, and the penalties imposed by them are enforced by the justices of peacs. Their enactments can be annulled by the provincial legislative assembly. The judicial power is independent ; the judges hold their offices for life, and cannot lose them except by a condemnatory sentence. They are, however, responsible for any abuse of authority, and may be summoned before a supreme court of judicial ministers. In criminal cases all proceedings are public after the indictment. In civil cases arbitrators may be appointed, whose decisions are without appeal, and no civil lawsuit can be carried on without previous declaration that conciliatory means were tried in vain.

The constitution guarantees the inviolability of the liberty, safety, and property of Brazilian citizens, and of their civil subjects 