Constitution of tile
Argentine Republic and.
the Constitution of the
[•United States of Brazil.
University of Chicago, 18943

Argentina
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THE CONSTITUTION OF THE ARGENTINE
REPUBLIC

THE CONSTITUTION OF THE UNITED
STATES OF BRAZIL

WITH HISTORICAL INTRODUCTION AND NOTES

BY
ELIZABETH WALLACE
DOCENT IN SPANISH AND IN LATIN-AMERICAN INSTITUTIONS

CHICAGO
fije ©mbetgt'tB tyvtsa ot (Ufjicagr
1894

PKINTED AT
(Ifie JUnibcttfitn pcerfi* of Cdicago.
D. C. HEATH & CO., Directors.

Part I.

THE CONSTITUTION
OF THE ARGENTINE REPUBLIC

NOTE.
The text of the Argentine Constitution is a translation by the
editor from the Spanish text issued by the Bureau of American
Republics.

I.
HISTORICAL INTRODUCTION.
The territory which to-day comprises the Argentine Republic,
Uruguay, Paraguay and Bolivia, originally belonged to the power
ful vice-royalty of Peru, although, with the exception of Bolivia,
it bore very little resemblance to Peru proper. The lands watered
by the Parana and La Plata were thinly populated by Indians
belonging to the Aucan tribes, a race savage and hard to civilize,
while the Quichua Indians of Upper and Lower Peru were docile
and had already submitted to a completely organized govern
ment. The colonization of the two regions was also widely different.
In Peru Spanish rule was substituted for the government of the
Incas by means of violence, perfidy, and cruel rapacity. In the
regions watered by the great rivers small groups of adventurers,
widely scattered over a vast territory, carried on constant war
fare with the natives and subdued them with difficulty. The
occupation of these early settlers was cattle raising, the broad
and fertile pampas offering them ample opportunities for this
industry. The herdsmen gathered together in groups and
thus formed the nucleus of towns, which, from the nature of
their inhabitants, were far apart with wide stretches of country
between, and were the foundation of future independent prov
inces. Another strong and formative influence was the fact that
the Portuguese of Brazil early showed a desire to invade the ter
ritories of Uruguay and Paraguay and possess themselves of the
fertile lands bordering on the River Plate, and the necessity of
self-defense fostered in the Spaniards the spirit of independence.
These three considerations, the character of the original inhabi
tants, the chief occupation of the colonists, and the necessity of
self-defense and self-government, must not be lost sight of in
studying the political history of these countries.
5

6 THE CONSTITUTION OF
The constant warfare with the Brazilian Portuguese, and
the great distance of the center of government at Lima
from the seat of war, led Spain in 1776 to erect the new
vice-royalty of Buenos Ayres. The capital was fixed at Buenos
Ayres, and the territory embraced Uruguay and Paraguay. In
1 8 10 the revolution broke out, precipitated by the French
invasion of Spain, which was to bring about the entire inde
pendence of Spanish America. On the 25th of May, 181 1,
the Viceroy Cisneros assembled in the city of Buenos Ayres
a Junta of nine persons endowed with full powers. Their
first act was to exclude certain individuals from the gov
ernment, among whom was Cisneros himself. They also resolved
to unite the provinces in a congress, and for this purpose they
sent out circular letters to the cities ordering deputies to be
elected who should have a voice in the government. The Junta
thus augmented authorized the formation in each province of
Juntas of five members each, who should exercise supreme
authority in that province. Jealousies soon arose in the loosely
organized government of the Junta. The two leading spirits,
Moreno, the President of the Junta, and General Saavedra,
formed factions, which, under the names of " Morenistas " and
" Saavedristas," were the germs of the future political parties,
the Federalists and Unitarians. We may remark here, that the
ideas which animated these two parties bore a marked resem
blance to the underlying principles characterizing the two great
parties which had been evolved in the growth of our own gov
ernment. The Unitarian party, like the Hamiltonian Federalists,
saw all the evils of provincial organization and none of the
good ; they wished to centralize power and form a harmonious
whole. Now, all this was very good, but the one flaw was that
they wanted to centralize power in Buenos Ayres and make that
province the leader of the rest. On the other hand, the Feder
alists, like the Jeffersonian Republicans, wished to erect the prov
inces into sovereign and independent states, and to organize a
common government only for taking measures of general
defense and for conducting foreign affairs.
On October 9 of this same year, 181 1, the deputies were

THE ARGENTINE REPUBLIC. 7
excluded from a share in the government, and the Junta deter
mined to create an executive power, reserving to itself certain
powers of legislation, such as providing for exigencies, restrain
ing the operation of laws prejudicial to the state, and deliberat
ing upon important national affairs. With these limitations the
executive power was vested in a triumvirate. On the 12th of
October the deputies promulgated a sort of constitution under
the name of " Ordinance of the Conservative Junta, under the
authority of Don Ferdinand the VIL," in which they vested in
themselves the legislative power. The triumvirate disapproved
of it, dissolved the Junta and tried its own hand at constitution
making. On the 22d of November it published a " Provisional
Law for the government of the United Provinces of the River
Plate." In April, 1812, the executive power ordained that an
assembly should be organized to meet at stated periods, for ses
sions limited strictly to eight days. This assembly should delib
erate upon state affairs, and should select every six months a suc
cessor to the executive power. In accordance with this action a
congress assembled in December of 1813, and owing to the war
ring of factions incident to a triumvirate, they elected a single
executive, Don Jervasio Posadas. In 1814 a Junta of Observa
tion was erected for the purpose of restraining the directorial
power, and this Junta in the following year issued a "Provisional
Statute," a constitution emphasizing Federal ideas.
Another congress assembled in Tucuman in March of 18 16,
and on the 9th of July proclaimed the independence of the
country from Spanish rule. The country had been independent
in fact for six years, and active hostilities had ceased in 18 14.
This same congress transferred to Buenos Ayres, issued in 181 7
a " Provisional Ordinance" [Reglamento Provisorio\ containing
marked Unitarian ideas. Except in the case of the election of
cabildos the whole was merely a reorganization of the colonial
vice-royalty. In 1 8 19 a constitution was framed which satisfied no one, for
it compromised none of the disputes which divided the two par
ties and contained no regulations concerning the local govern
ment of the provinces. From 1820 to 1825 the provinces had

8 THE CONSTITUTION OF
no common government, but by independent acts conducted
their own affairs. It was a time when provincial chiefs grew
into tyrants, and when gauchos became improvised statesmen.
Only in Buenos Ayres from 1821 to 1827 was there a govern
ment with any degree of stability. This province assumed some
of the most indispensable functions of national government, bas
ing its right on the fact that it had made treaties with foreign
nations [France and England].
The Constituent Congress met again in 1824, and the next
year issued a Fundamental Law that for a long time afterward
was the only legal basis of the Argentine government. This
congress also elected Rivadavia president in 1826, and in
December of the same year approved of a constitution which
was favored by Rivadavia, and which showed a Unitarian ten
dency. But according to the provisions of this last constitution
and the Fundamental Law [1825 J, the ratification of the prov
inces was necessary. It was submitted to them, but the majority
rejected it, and in turn petitioned for a federal constitution that
should " insure to the provinces a perfect liberty, independence
and equality." Rivadavia, disgusted with the sentiment of the
people, resigned his office in 1827, and at the same time Con
gress declared the union between the provinces to be dissolved.
The aim of Rivadavia's successor, Dorrego, was to bring the
provinces together again. To this end he united them in a com
mon alliance against Brazil, and gained their consent to submit
affairs of general importance to a government centered at
Buenos Ayres. At the close of the war with Brazil, General
Lavalle returned, and heading an insurrection against Dorrego
deposed him. General Rosas, who had been a favorite of the
deposed President, now became the leader of the Federalists.
Trouble arose with France in 1829 which caused the fall of
Lavalle, and in December of the same year Rosas was elected
Governor of Buenos Ayres. Very little was accomplished
towards the establishment of national union during his adminis
tration. In 1 83 1 a new defensive and offensive alliance was
formed between the Atlantic provinces, and unsuccessful efforts
were made to assemble a Congress which should unite the

THE ARGENTINE REPUBLIC. 9
country under a federal system. Rosas' first term of office
expired in December of 1832, and the Chamber of Representa
tives at Buenos Ayres wished to reelect him, but he declined,
and proposed instead to lead an expedition against the Indians
of the southwest. This was done, no doubt, to render himself
more popular in the eyes of the people, and thus he hoped to
attain his ambition of wielding supreme power. The expedition
lasted two years, and during his absence, in December of 1833, the
legislature of Buenos Ayres formulated a constitution which pro
vided that the province should not unite with the others except
under a federative system, and that the provincial executive
should not be vested with extraordinary powers. This greatly
offended the Rosas party, who caused the constitution to be
destroyed, and when their leader returned from his Indian wars
they elected him governor. He pretended to decline the honor
upon various vague pretexts which covered but thinly his real
reason, the desire for unlimited power. Finally, on the 7th day
of March, the assembly passed a. law in which, " exercising its
ordinary and extraordinary sovereignty," it appointed Rosas
Governor and Captain-General for a term of five years with the
whole substance of public power [con la suma del poder pub
lico^. Rosas again declined, unless the plan should be submitted
to the approval of the people ; this was accordingly done, and
in the city of Buenos Ayres alone, out of 9,320 votes cast, only
four were unfavorable. For nearly twenty years, at intervals
of five years, this farce of an election was kept up, the inde
pendent vote being suppressed by bribery and oppression. Thus
General Rosas governed until 1852, at first deceiving the people,
then terrorizing them by that tyranny which made him univer
sally notorious.
After many fruitless attempts to overthrow the power of the
tyrant, the Unitarians gained to their cause the federal governor of
Entre Rios, Don Justo Urquiza. Uruguay, Brazil and the province
of Corientes entered also into the conspiracy, and the result was
the battle of Monte Casenos, a battle of little importance from
a military point of view, but of vast political significance to the
provinces of La Plata. The power of Rosas fell on the 3rd of

10 THE CONSTITUTION OF
February, 1852, and, a fugitive, he embarked on an English ship
and sailed to Europe. Urquiza was now, by his own act,
" Supreme Provisional Director of the Argentine Confederation,"
but, unfortunately for his ambition, there was no real affinity
between himself and the Unitarians. His band of followers was
an improvised one, and after having gained the victory, the com
mon reasons which had bound them together disappeared, and the
party was resolved into its constituent elements, which proved
antagonistic to Urquiza. The Unitarians had desired the imme
diate convocation of an assembly which should be elected under
their influence. But Urquiza took other measures ; he assem
bled the provincial governors at San Nicolas de los Arroyos on
the 31st of May, and they prepared a constitution which pro
vided for a general assembly to meet at Santa Fe in September,
1852, in which assembly the provinces were to have two rep
resentatives each. The Unitarians of Buenos Ayres, who were
now in power, objected to the constitution of San Nicolas, and the
Chamber of Representatives refused to carry out its provisions,
alleging that it had not been properly submitted to their approval.
Thereupon Urquiza dissolved the Chamber of Representatives,
forbade the liberty of the press, and gathered about him in the
capital his " true Federalists." In September he was forced to
go to Santa Fe to open Congress, and the Unitarians of Buenos
Ayres seized this opportunity, under the leadership of General
Mitre, to affect a political change ; this they succeeded in accom
plishing on the night of the nth of September, whereupon they
organized a provincial Unitarian government, and the province
declared itself separated from, and independent of, the other
provinces. The Congress of Santa Fe, delayed by these events, did not
assemble until the 20th of November, and meanwhile civil war
was being waged between Buenos Ayres and the provincial
forces under Urquiza. In January of 1853 Congress instructed
the Director to try pacific measures for urging Buenos Ayres to
subscribe to the constitution ; accordingly on the 9th of March an
arrangement was made between Urquiza's agent and the govern
ment of Buenos Ayres by which that province should have an

THE ARGENTINE REPUBLIC. 1 1
immediate representation in congress, and meanwhile the provin
cial legislature would deliberate longer upon the constitution.
Urquiza refused to sanction this arrangement, claiming that con
gress had not given him sufficient power. The war was again
renewed, and continued for a few weeks, until both parties were
wearied and it stopped by mutual consent. Buenos Ayres
remained independent and Urquiza contented himself with exer
cising authority over the thirteen provinces. On the ist of May,
1853, congress sanctioned the constitution of the Argentine
Confederation, and it was ratified by thirteen provinces, Buenos
Ayres remaining independent until 1859. By the constitution of
1853 a national government was established for the first time by
the voice of the Argentine people ; by it civil rights were guaran
teed, which heretofore had been granted or withheld accord
ing to the caprice of provincial governors who were bound
neither by law nor by public opinion. This constitution held
the provinces together until 1859, when war again broke out
with Buenos Ayres. By the battle of Cepeda, on the 23rd of
October, the forces of the refractory province were defeated and
Buenos Ayres entered the confederation. Complete understand
ing was not yet established however. On the 30th of November
a provincial congress assembled at Buenos Ayres to examine the
Constitution of Santa Fe, amendments were proposed and pre
sented to the federal congress, which summoned a general con
vention, in which the propositions were discussed and adopted.
Urquiza's term of office was now over, and he was succeeded by
Santiago Derqui. The Unitarians of Buenos Ayres again made
trouble and pacific negotiations were delayed until General Mitre
was elected governor of Buenos Ayres. He was friendly to the
confederation and tried to reconcile the two factions. His efforts
were successful, and on the 6th of June, i860, a new treaty was
made. The modifications proposed by Buenos Ayres were sub
mitted to congress ; the general convention assembled at Santa
Fe accepted nearly all the solicited reforms, confirmed the con
stitution on the 25th of September, and on the 21st of the fol
lowing October it was solemnly promulgated in the two capitals,
Parana and Buenos Ayres. But the belligerent spirit of Unita-

1 2 THE CONSTITUTION OF
rians and Federalists had not yet been sufficiently calmed.
Derqui in the confederation and Mitre in his province, who both
desired a genuine reconciliation, became the object of distrust to
their respective parties. Derqui unfortunately interfered with
national forces in some local disturbances between San Juan and
Cordova, and immediately his enemies in Buenos Ayres declared
themselves against the government of the confederation. War was
again begun. The federal congress went so far as to declare
void the treaties of 1859 and i860 and wished to treat the Buenos
Ayrians as rebels. On the 17th of September, 1861, the oppos
ing forces met at Pavon, and again the Buenos Ayrians were
defeated, but only from a military point of view; the moral victory
was theirs. The whole country arose in favor of General Mitre ;
even General Urquiza, disgusted with fruitless war, accepted the
idea of a new government, and Derqui resigned his command
and the directorship.
Invested with extraordinary powers by the provincial towns,
General Mitre called a national congress, which met on the 25th
of May, 1862. Mitre was elected president in accordance with
the terms of the constitution of i860, and the political code of
that constitution was accepted without alteration.
The constitution of i860 is the result of the amalgamation
of two principles which were born with the colonization of the
Argentine nation and grew with its peculiar civilization, in their
very nature antagonistic, but by their union giving birth to
elements which contain the promise of future strength and pros
perity. These two principles, nationality and provincial sover
eignty, were represented by two acts, the federal constitution
of 1853, and the revolution of Buenos Ayres on the nth of
September, 1852. The union of these two principles formed the
only basis that could give any strength to the constitution.

THE ARGENTINE REPUBLIC. 13

II.
OUTLINE OF CONTENTS.

PREAMBLE.

PART FIRST.
CHAPTER I.  DECLARATIONS, RIGHTS AND GUARANTEES.
ARTICLE. 1. Form of government.
2. Religion.
3. Capital of the nation.
4. National expenditures.
5. Form of government of provinces.
6. Federal interference in the provinces.
7. Relations between provinces.
8. Relations of citizens of one province to another province.
9. Custom houses.
10. Interstate duties.
n. Duties of passage.
12. Duties of passage.
13. Erection of new provinces.
14. Rights of inhabitants.
15. Prohibition of slavery.
16. Equality of citizens.
17. Protective provisions.
18. Protection from unlawful punishment, inviolability of
domicile, etc.
19. Private interest and public welfare.
20. Rights of foreigners.
21. Duty of citizens to the country.
22. Sovereignty a delegated power.

14 THE CONSTITUTION OF
23. Action in case of foreign invasion or domestic disturbance
24. Reforms in legislation ; trial by jury.
25. Encouragement of immigration.
26. Interior navigation.
27. Treaties with foreign nations.
28. Unchangeability of rights and guarantees.
29. Prohibition of the granting of extraordinary powers to
individuals.
30. Amendment of the constitution.
31. The supreme law of the land.
32. Freedom of the press.
33. Constitutional rights and guarantees not exclusive.
34. Federal judge cannot at the same time be provincial judge ;
concerning rights of residence.
35. Name of the republic.
PART SECOND— POWERS OF THE NATION.
TITLE I.— FEDERAL GOVERNMENT.
Section I. — The Legislative Power.
ARTICLE. 9}
36. Structure of the Legislature.
CHAPTER I.  OF THE CHAMBER OF DEPUTIES.
37. Composition; basis of representation; number.
38. Provisions for the first legislature.
39. Provisions for the second legislature.
40. Qualifications of members.
41. Manner of election.
42. Term of office.
43. Vacancies.
44. Right of initiation.
45. Right of impeachment. CHAPTER II.  OF THE SENATE.
46. Number of senators.
47. Qualifications of senators.
48. Term of office of senators.
49. President of senate.

THE ARGENTINE REPUBLIC. 15
50. Provision for absence of president.
51. Judicial power of senate.
52. Sentences in cases of impeachment.
53. Powers of the senate in case of invasion.
54. Provision for vacancies in the senate.
CHAPTER III.  PROVISIONS RELATING TO BOTH HOUSES.
55. Sessions of congress.
56. Powers of the houses regarding members, attendance, etc.
57. Sessions of the houses simultaneous.
58. Rules of procedure.
59. Oath of members.
60. Privileges of members.
61. Privileges of members.
62. Punishment of members.
63. Report of ministers to congress.
64. Incompatibility of membership with office-holding.
65. Ineligibility of ecclesiastics and provincial governors.
66. Compensation of members.
CHAPTER IV.  POWERS OF CONGRESS.
67- ( 1 ) Legislation concerning custom houses and import
duties.
(2) Levying of direct taxes.
(3) Contracting of loans.
(4) Concerning national lands.
(5) Concerning national banks.
(6) Concerning the national debt.
(7) Concerning the national expenditures.
(8) Granting sums to the provinces.
(9) Regulating river navigation ; suppressing provincial cus
tom houses.
(10) Coining of money, etc.
(11) Dictating various codes, establishing trial by jury.
(12) Regulating commerce.
(13) Regulating and establishing postoffices and postroads.
(14) Fixing territorial limits.

i6

THE CONSTITUTION OF

(15(16(17 (18
(19(20(21
(22
(23
(24(*S(26
(27
(28

Regarding Indians.
Concerning general good of the nation.
Establishing inferior courts.
Concerning the resignation of the president.
Concerning treaties and patronage.
Admitting new religious orders.
Regarding war and peace.
Granting letters of marque and reprisal.
Disposing of land and naval forces.
In time of insurrection ; in regard to the militia.
Permitting entrance of foreign troops.
In case of domestic disturbance.
In the federal district.
Enforcing the constitution.

CHAPTER V.  CONCERNING THE ENACTMENT AND PROMULGATION
OF LAWS.
68. Right to initiate legislation.
69. Approved bills.
70. Failure of president to return bill equivalent to approval.
71. Rejected or amended bills.
72. Rejected or amended bills.
73. Form of promulgation.
Section 1 1. —The Executive Power.
CHAPTER I.  OF ITS NATURE AND DURATION.
74. Vesting of executive power.
75. Temporary and permanent default of president.
76. Qualifications of president.
"]"]. Term of office.
78. Cessation of power with cessation of term.
79. Compensation of president and vice-president.
80. Oath of office.
CHAPTER II.  TIME AND MANNER OF THE ELECTION OF PRESIDENT
AND VICE-PRESIDENT OF THE NATION.
81. Constitution of electoral college; method of preparing lists.
82. Examination of lists by congress.

THE ARGENTINE REPUBLIC. 1 7
83. Case of divided vote.
84. Case of divided vote.
85. Time and publication of election.
CHAPTER III.  POWER OF THE EXECUTIVE.
86. Exclusive and concurrent powers.
CHAPTER IV.  OF THE MINISTERS OF THE EXECUTIVE POWER.
87. Number and office.
88. Responsibility.
89. Limitation of power in department.
90. Reports from departments.
91. Incompatibility of ministerial office with that of senator or
deputy.
92. Powers in legislation.
93. Compensation. Section III. — Of the Judicial Power.
CHAPTER I.  OF ITS NATURE AND DURATION.
94. Vesting of judicial power.
95. No judicial power in president.
96. Term of office and compensation of judges.
97. Qualifications of supreme judges.
98. Oath of office.
99. Regulation of supreme court.
CHAPTER II.  POWER OF THE JUDICIARY.
100. Appellate jurisdiction.
101. Original jurisdiction.
102. Trial by jury.
103. Treason and its punishment.
TITLE II.— THE GOVERNMENT OF THE PROVINCES.
104. General powers of the provinces.
105. Local government.
106. Constitutions of provinces.
107. Treaty-making powers.
108. Concurrent powers of congress and provinces.
109. Prohibitions to provinces.
no. Relation of provincial governors to constitution.

I HE CONSTITUTION OF

III.
CONSTITUTION OF THE ARGENTINE NATION.

PREAMBLE.
We, the representatives of the people of the Argentine Na
tion, met in a general Constituent Congress, by the will and elec
tion of the component provinces, in compliance with previous
compacts, with the object of forming a national union, of guar
anteeing justice, insuring domestic tranquility, providing for the
common defence, promoting the general welfare, and securing
the blessings of liberty to ourselves, to posterity, and to all men
who wish to dwell on Argentine soil, invoking the protection of
God, fountain of all reason and justice, do ordain, decree and
establish the Constitution of this Argentine Nation.
PART FIRST.
CHAPTER I.  DECLARATION, RIGHTS, AND GUARANTEES.
Art. i. The Argentine Nation adopts for its government
the federal republican and representative form as established by
the present constitution.
Art. 2. The federal government upholds the Roman Cath
olic Apostolic religion.
Art. 3. The authorities exercising the functions of govern
ment shall reside in that city which is declared by a special law
of congress the capital of the Republic, previous cession having
been made by the provincial legislatures of territory to be used
as a federal district.
Art. 4. The federal government provides for the expenses
of the nation from the funds of the national treasury consisting
of money accruing from import and export duties [until 1866,

THE ARGENTINE REPUBLIC. 19
in conformity with the enactment of Art. 67, clause LJ;1 the
sale or lease of national lands ; postal revenue from mails ; taxes
which the General Congress may equitably and proportionately
levy on the people ; loans and bills of credit by the same con
gress for the needs of the nation or for enterprises of national
benefit. Art. 5. Each province shall adopt for itself a constitution
under the republican representative system, and in accordance
with the principles, declarations and guarantees of the national
constitution, and which shall insure the administration of justice,
municipal government and primary education. Under these con
ditions the federal government guarantees to each province the
enjoyment and exercise of its own institutions.
Art. 6. The federal government invades the territory of
the provinces in order to preserve the republican form of govern
ment, or to repel invasions, and also at the call of the constitu
tional authorities, to sustain or to reestablish them if they have
been overturned by sedition, or by invasion from some other
province. Art. 7. Public acts and judicial proceedings of one prov
ince are respected in the others ; and congress may, by general
laws, determine the probationary form of these acts and proceed
ings, and the legal results which they will produce.
Art. 8. The citizens of each province enjoy all the rights,
privileges and immunities rightfully belonging to the citizens of
other provinces. Extradition of criminals is a reciprocal obli
gation imposed upon all the provinces.
Art. 9. In the whole territory of the nation there shall be
national custom houses only, in which duties shall be fixed as
Congress authorizes.
Art. 10. Within the Republic all articles of domestic pro
duction or manufacture, as well as goods and merchandise of
all kinds that have been cleared at the custom houses [aduanas
exteriores^ are exempt from taxation.
Art. ii. Articles of domestic and foreign production or
manufacture, cattle of all kinds which pass from one province to
1 See Amendments, p. 46.

20 THE CONSTITUTION OF
another, as well as the carts, boats or beasts used for their trans
portation, shall be exempt from duties of passage, and no duty
can be levied on them beforehand whatever their nature, by the
mere act of passing through the territory.
Art. 12. Boats going from one province to another shall not
be obliged to enter, anchor" and pay duties because of passage ;
for in no case may one port take precedence of another by means
of laws or rules of commerce.
Art. 13. New provinces may be admitted to the nation, but
no province shall be erected out of the territory or territories of
others, nor shall several provinces unite to form one, without the
consent of the provincial legislatures concerned, and also of
congress. Art. 14. All inhabitants of the nation enjoy the following
rights in accordance with the laws which regulate their exercise,
to wit : to engage in and carry on any legitimate industry ; the
rights of navigation, commerce, and of petition to the authorities ;
to enter, to remain in, to pass through, and to leave Argentine
territory ; to publish opinions through the press without previous
censorship ; to make use of, and to dispose of property ; to form
business associations ; to exercise any profession in freedom ; to
teach and to learn.
Art. 15. There are no slaves in the Argentine nation; the
few that are here now shall be free upon the adoption of this
constitution, and a special law shall regulate the indemnifications
which this provision shall necessitate. Any bill of purchase or
sale of slaves is considered as criminal, for which the parties
concerned, including the clerk or functionary authorizing it, shall
be held responsible, and the slaves, whatever be the manner of
their introduction, shall be free by the mere act of setting foot on
territory of the republic.
Art. 16. The Argentine nation does not recognize preroga
tives of blood or of birth ; personal privileges and titles of
nobility do not exist. All the inhabitants are equal before the
3 All ships entering a port for the purpose of casting anchor there, even though they
may have been forced to it by stress of weather, and though they may not while there
engage in any trade, must, nevertheless, pay a certain duty which is termed anclage.

THE ARGENTINE REPUBLIC. 21
law, and are eligible to all public employments without other
consideration than those of fitness. Equality is the basis of tax
ation and of admission to public offices.
Art. 17. Property is inviolable, and no inhabitant of the
nation can be deprived of it without due process of law. Con
demnation of lands for public uses shall be regulated by law, and
previously indemnified. Congress alone imposes the taxes which
are provided for in Article 4. No personal service can be exacted
except by law or by sentence founded on law. All authors or
inventors are exclusive proprietors of their work, invention, or
discovery, for the length of time accorded by law. Confiscation
of goods is blotted out forever from the Argentine penal code.
No armed body shall make requisitions or exact aid of any kind.
Art. 18. No inhabitant of the nation can be punished with
out previous judgment founded on law enacted prior to the insti
tution of the process, nor by special commission,3 nor shall be
brought before judges appointed by a law before the institution
of the suit.
No one is compelled to give evidence against himself ; nor
shall he be arrested except by a written order from the proper
authority. Defence of person and property before the law is
inviolable. The domicile is inviolable, as are also all correspond
ence and private papers ; and a law shall determine in what cases
and with what justification their alienation and confiscation may
be undertaken. Penalty of death for political crimes, every kind
of torture, and flogging are forever prohibited. The prisons of
the nations shall be healthful and clean, with the purpose of
keeping safely, not of punishing, the criminals detained in them ;
and all measures which, under the pretext of precaution, cause
undue mortification, shall be laid to the charge of the judge who
authorizes them.
Art. 19. Private actions that in no way offend good order
3 If the parties to a law suit lived in a town at some distance from the residence of
the judge, it was customary in Spain for the judge to commission certain persons who
would then have authority to try the case. Great abuse was made of this privilege,
and in the Spanish liberal constitution of 1812, we find the following provision : "No
Spaniard can be judged in civil or criminal suits by any commission, but by a competent
tribunal invested with authority by law."

22 THE CONSTITUTION OF
or public morals, nor involve a third party, are reserved to the
judgment of God, and are beyond the authority of magistrates.
No inhabitant of the nation shall be obliged to do that which the
law does not exact, nor deprived of that which the law does not
prohibit. Art. 20. Foreigners in the territory of the nation enjoy all
the civil rights of citizens ; they may engage in any industry,
commerce or profession, possess real estate, buy and sell the
same, navigate rivers and coasts, exercise freely their religious
belief, make wills and marry according to law. They are not
obliged to become citizens or to pay necessary extraordinary
contributions. They may obtain the privileges of citizenship by
residing two successive years in the nation ; but the proper
authorities may shorten the time upon application, the applicant
pleading special services rendered to the Republic.
Art. 21. Every Argentine citizen is obliged to take up arms
in defence of his country and of this constitution, in accordance
with the laws passed by congress, and the decrees of the
national executive. Naturalized citizens are free to offer or
withhold this service for the space of ten years after obtaining
their naturalization papers.
Art. 22. The people do not deliberate or govern except
through representatives and authorities created by the constitu
tion. Every armed force, or gathering of persons which assumes
the rights of the people and petitions in their name, is guilty of
the crime of sedition.
Art. 23. In case of internal disturbance or foreign invasion
which impedes the exercise of this constitution, and the action
of the authorities created by it, the province or territory where
the disturbance occurs shall be declared in a state of siege, all
constitutional guarantees remaining suspended there. But dur
ing the suspension the President of the Republic shall have no
power of himself to condemn or to inflict punishment. In such
a case his power over persons shall be limited to arrest and
transportation from one point to another of the nation, in case
they should refuse to leave the country.
Art. 24. Congress shall promote reforms in the present

THE ARGENTINE REPUBLIC. 23
legislation in all its branches, and shall establish trial by
jury. Art. 25. The federal government shall encourage European
immigration, and shall not restrict, limit or oppress with any
taxes whatever the entrance into Argentine territory of foreign
ers who come with the intention of engaging in agriculture,
improving industries, and introducing and teaching sciences and
arts. Art. 26. The navigation of all interior rivers of the nation
is free to all crafts, subject only to the orders issued by national
authority. Art. 27. The federal government is obliged to confirm its
relations of peace and commerce with foreign powers by means
of treaties which shall conform to the principles of public right
established in this constitution.
Art. 28. The principles, guarantees, and rights recognized
in the preceding articles cannot be altered by the laws regulat
ing their action.
Art. 29. Congress cannot grant to the national executive,
neither can the provincial legislatures grant to the governors of
the provinces, extraordinary powers, or the substance of public
power, or concede to them such submission or supremacy that
the life, honor and fortunes of any Argentine should be at the
mercy of the governors or of any single person. Acts of this
nature carry with them an irremediable want of force, and sub
ject those that formulate them to the responsibility and penalties
of the most infamous betrayers of their country.
Art. 30. The constitution may be amended in any and
all of its parts. The necessity for amendment must be declared
by congress by a vote of at least two-thirds of its members ;
but the amendment shall not be made except by a convention
called for the purpose.
Art. 31. This constitution, the laws of the nation which are
promulgated by congress in accordance with it, and the treaties
with foreign nations shall be the supreme law of the land ; the
authorities of each province must conform to it, notwithstanding
any provision in the provincial laws or constitutions which may

24 THE CONSTITUTION OF
be contrary to it, excepting treaties in the province of Buenos
Ayres ratified after the peace of November n, 1859.
Art. 32. The Federal Congress shall not dictate any laws
restricting the liberty of the press, or establish over it any fed
eral jurisdiction.
Art. 33. The declarations, rights, and guarantees enume
rated by the constitution shall not be' regarded as a negative on
other rights and guarantees not enumerated, but which arise from
the principle of sovereignty of the people and of the republican
form of government.
Art. 34. The judges of the federal courts shall not at the
same time be judges -in the provincial courts ; neither can federal
service, either in military or civil affairs, give the right of resi
dence in the province where it is performed, and which may not
be the customary home of the officer ; this applies to the cases
of those who accept government employ in the province where
they chance to be.
Art. 35. The names adopted successively since 1810 to the
present time, to-wit : United Provinces of the River Plate,
Argentine ^Republic, Argentine Confederation, shall hencefor
ward be indiscriminately used to designate the government and
territory of the provinces, using the words, Argentine Nation, in
the formulation and promulgation of laws.
PART SECOND.— POWERS OF THE NATION.
TITLE I.— FEDERAL GOVERNMENT.
Section I. — The Legislative Power.
Art. 36. The legislative power of the nation shall be vested
in a congress composed of two chambers, one of deputies from
the nation, the other of senators from the provinces and the cap
ital. CHAPTER I.— OF THE CHAMBER OF DEPUTIES.
-, Art. 37. The chamber of deputies shall be composed of
representatives elected directly by the people of the provinces
and of the capital, which shall be considered for this purpose as

THE ARGENTINE REPUBLIC. 25
electoral districts of a single state ; they shall be elected by a
simple plurality of votes in the proportion of one for each
.twenty thousand inhabitants, or any fraction above, less than ten
thousand. Art. 38. The number of deputies for the first legislature
shall be in the following proportion : for the province of Buenos
Ayres, twelve ; for Cordova, six ; for Catamarca, three ; for
Corrientes, four ; for Entre Rios, two ; for Juijuy, two ; for
Mendoza, three ; for Rioja, two ; for Salta, three ; for Santiago,
four ; for San Juan, two ; for Santa Fe, two ; for San Luis, two ;
for Tucuman, three.
Art. 39. For the second legislature a general census must
be taken and the number of deputies apportioned according to it ;
this census shall only be taken every ten years.
Art. 40: To be a deputy one must have attained the age of
twenty-five years, exercised the rights of citizenship four years,
and must be a native of the province which elects him, or have
resided there the two years immediately preceding.
Art. 41. For the present legislature, the provincial legisla
tures shall appoint the manner of direct election of the deputies
of the nation ; congress shall formulate a general law for succeed
ing elections.
Art. 42. Deputies shall continue in office four years, and
are re-eligible ; but half the house shall be renewed every two
years, to accomplish which those elected by the first legislature
shall by lot select those whose terms shall expire at the end of
two years.4
* In Mexico the whole house of deputies is renewed every two years. The election
is indirect and by secret ballot. The proportion of deputies is one for each forty
thousand inhabitants, or for a fraction that exceeds twenty thousand. Constitution
of Mexico, Arts. 52, 53, 55.
In Colombia the members of the lower house are elected for a term of four years,
and in the proportion of one for every fifty thousand inhabitants. Constitution of
Colombia, Arts. 99, 101.
In Chile the whole house of deputies is renewed every three years. The election
is direct, and in the proportion of one for each thirty thousand inhabitants. A prop
erty qualification is required for deputies. Constitution of Chile, Art. 17.
In Ecuador deputies are elected for a term of two years, in the proportion of one
to each thirty thousand inhabitants, by direct election and secret ballot. Constitution
of Ecuador, Arts. 38, 48, 59.

26 THE CONSTITUTION OF
Art. 43. In case of vacancy the governor of the province
or of the capital shall order the legal election of a new member.
Art. 44. All laws concerning taxes and the levying of
troops shall originate exclusively in the chamber of deputies.
Art. 45. The chamber of deputies has the sole right to im
peach before the senate, the president, vice-president, ministers
and the members of the supreme and of the inferior courts of
the nation, in those cases in which they are responsible for
maladministration, or for malfeasance in office, or for common
crimes. Before impeachment just cause for the action must be
declared by a vote of two-thirds of the members present.
CHAPTER II.  OF THE SENATE.
Art. 46. The Senate shall be composed of two senators
from each province, elected by a plurality vote of their respective
legislatures ; and of two from the capital elected according to
the form prescribed for the election of the president of the
nation. Each senator shall have one vote.
Art. 47. In order to be be elected senator it is necessary to
have attained the age of thirty years, to' have been six years a
citizen of the nation, to have an annual rent of two thousand
[hard] dollars or its equivalent, and to be a native of the prov
ince which elects him, or to have resided there two years imme
diately preceding election.
Art. 48. Senators shall continue in office for nine years
and are re-eligible indefinitely ; but one-third of the senate shall
be renewed every third year, it being decided by lot at the first
meeting which ones shall return at the end of the first and second
periods of three years.5
s In Mexico the election of senators is indirect and their term of office is two years.
One-half the senate is renewed every two years. Constitution of Mexico, Art. 58.
In Colombia there are three senators from each department elected by the depart
mental assemblies for a term of six years. The senate is renewed by thirds. Consti
tution of Colombia, Arts. 93, 95, 175.
In Ecuador the senators are chosen by direct election and secret ballot. There are
two senators from each province elected for a term of four years. One half the senate
is renewed every two years. Constitution of Chile, Arts. 38, 43, 58.
In Chile the senate is composed of members chosen directly by the people of the
provinces in the proportion of one senator to every three deputies for a term of six
years. Constitution of Chile, Arts. 22, 23.

THE ARGENTINE REPUBLIC. 27
Art. 49. The vice-president of the nation shall be the pres
ident of the senate ; but he shall not have a vote except in the
case of a tie.
Art. 50. The senate shall appoint a president pro tempore
who will preside in the absence of the vice-president, or when
the latter is acting as the president of the nation.
Art. 5 1 . The senate shall act as a public court for the trial of
those impeached by the chamber of deputies, its members taking
oath beforehand. If the president of the nation is impeached
the president of the supreme court shall preside over the senate.
No one shall be convicted without the vote of two-thirds of the
members present.
Art. 52. Judgment shall not extend further than to removal
and disqualification to hold any office of honor, trust or profit in
the nation. But the party convicted shall nevertheless be sub
ject to indictment, judgment and punishment according to law
before the ordinary tribunals.
Art. 53. It is also the duty of the senate to authorize the
president of the nation to declare any or several places in the
republic in a state of siege, in case of foreign invasion.
Art. 54. In case of vacancies caused by death or resigna
tion, or any other cause, the government of the province from
which the senator was elected shall proceed immediately to the
election of a new member.
CHAPTER III.  PROVISIONS RELATING TO BOTH HOUSES.
Art. 55. Both houses shall meet in ordinary session every
year, from the first of May until the thirtieth of September.
They may also be convoked in extraordinary session, or pro
rogued by the president.
Art. 56. Each house is the judge of the elections, rights,
titles and qualifications of its members. Neither house shall do
business without an absolute majority of its members ; but a
smaller number may compel the attendance of the absent mem
bers in such a manner and' under such penalties as each house
may provide.
Art. 57. Both houses shall open and close their sessions

2S THE CONSTITUTION OF

simu

ltaneously. Neither house during a session shall, without
the consent of the other, adjourn for more than three days.
Art. 58. Each house shall make its own rules, and, with
the concurrence of two-thirds, may punish any member for dis
orderly behavior in the exercise of his functions, or expel him
because of moral or physical disabilities incurred after taking
his seat, and sufficient to exclude him from membership ; but a
majority of those present will be sufficient to pass on cases of
negligence in the discharge of duty.
Art. 59. The senators and deputies upon taking their seats,
must take an oath to discharge with fidelity their duty, and to do
everything in conformity with the provisions of this constitution.
Art. 60. No member of congress shall be indicted, ques
tioned by law, or held responsible for the opinions or speeches
which he delivers during his term of office as legislator.
Art. 61. No senator or deputy from the day of his election
until his term ceases can be subject to arrest except in the case
of detection in the act of committing a crime deserving punish
ment by death, by penalty involving disgrace, or by other
personal punishment;6 concerning which an account shall be
given before his house, with a summary of the act.
Art. 62. When a formal complaint in writing is made
before the ordinary justices, against any senator or deputy, and
when the case has been investigated in open court, each house
may by a two-third vote suspend the accused from the exercise
of his functions, and hand him over to the judge under whose
jurisdiction the case falls.
6 " Pena de muerte, infamante il otra aflictiva." At the time of the adoption of this
constitution there were two modes of capital punishment established by law in Spain,
the garrote for civilians, and shooting for military criminals. There were three modes
of garroting ; ordinary garroting, when the criminal went to the place of execution
mounted on a mule, with his coat fastened about him ; infamous garroting, when the
criminal must ride to his death on a jack-ass, with his coat unfastened ; garrote for the
nobility, when the criminal had the privilege of mounting a saddled horse, and could
wear a black cloak, and in special cases was permitted to have the place of execution
draped in mourning. Hanging, as a death penalty, was abolished in 1832.
Pena infamante is that form of punishment which dishonors the person subjected
to it, as hanging, public shame and scourging.
Pena aflictiva or punishment of the person (as distinguished from a fine), is such
as scourging, banishment, imprisonment for more than six months, etc.

THE ARGENTINE REPUBLIC. 29
Art. 63. Each house may require the presence of the min
isters of the executive power, to receive from them any explana
tions or information that may be deemed necessary.
Art. 64. No member of congress can receive office or com
mission from the executive power without the previous consent
of his house, except in the case of officers of the port.
Art. 65. Regular clergy cannot be members of congress,
neither can provincial governors be elected to congress during
their term of office.
Art. 66. Senators and deputies are remunerated for their
services from the national treasury by an amount which shall be
determined by law.
CHAPTER IV.  POWERS OF CONGRESS.
Art. 67. It belongs to congress
(1) To legislate concerning custom houses [aduanas ex
teriores^ and to establish import duties, which duties,
as well as the valuation upon which they are based,
shall be uniform throughout the nation ; it being
understood that this, as well as other national duties,
may be paid in the currency of the respective pro
vinces, to the full value. To establish equally the
duties on exports [until 1866 at which time they will
cease as a national tax, the same being prohibited as
provincial taxes].7
(2) To impose direct taxes for a definite time and in equal
proportion throughout the whole territory of the nation,
as long as the defence, common security and general
good of the state demand it.
(3) To contract loans on the credit of the nation.
(4) To direct the use and the sale of national lands.
(5) To establish and regulate a national bank in the capital,
and its branches in the provinces with power to issue
bills of credit.
(6) To arrange for the foreign and domestic debt of the
nation.
See Amendments, page 46.

3° THE CONSTITUTION OF
(7) To fix annually an estimate of the national administra
tive expenses, and to approve or disapprove the budget
of expenditures.
(8) To grant sums from the national treasury to those
provinces whose revenues do not cover, according to
their estimate, the ordinary expenses.
(9) To regulate the free navigation of interior rivers, to
establish such ports as are necessary ; to create and
abolish custom houses, with the exception of those
custom houses which exist in each province at the time
of their incorporation.
(10) To coin money, to fix its value and that of foreign
money, to adopt a uniform system of weights and
measures throughout the country.
(11) To dictate the civil, commercial, penal and mining
codes, without allowing such codes to alter local judi
cature, making their application correspond to the
federal or the provincial tribunals according as the
matters or persons fall under their respective jurisdic
tions ; and especially general laws for the whole nation,
concerning naturalization and citizenship, in accordance
with the principle of natural citizenship ; also laws con
cerning bankruptcy, counterfeiting of securities and
current coin of the state ; and those laws requiring
the establishment of trial by jury.
(12) To regulate commerce by land and by sea, with foreign
nations and between the provinces.
(13) To regulate and establish the general post-offices and
post-roads of the nation.
(14) To fix definitely the territorial limits of the nation and
those of the provinces, to erect new provinces and to
determine by special legislation the organization, admin
istration and government to be established in the
national territory which is outside the limits assigned
to the provinces.
(15) To provide for the security of the frontiers, to preserve
the treaty of peace with the Indians and to promote
/ their conversion to Catholicism.

THE ARGENTINE REPUBLIC. 31
(16) To provide for all that conduces to the prosperity of
the country, to the advancement and well-being of all
the provinces, and to the progress of education, pre
scribing plans for general and university instruction,
promoting industry, immigration, the building of rail
roads' and navigable canals, the colonization of national
lands, the introduction and establishment of new indus
tries, the importation of foreign capital, and the explora
tion of interior rivers by laws protecting their banks,
by temporary concessions of privilege, and by the offer
of rewards.
(17) To establish courts inferior to the supreme court of
justice, to create and abolish offices, to prescribe their
powers, to give pensions, to confer honors, and to con
cede general amnesty.
(18) To act upon the resignation of president or vice-presi
dent of the Republic, to declare a new election, ahd to
examine and verify it.
(19) To approve or to disapprove of the treaties concluded
with other nations and the covenants made with the
Apostolic Chair, and to regulate the exercise of pat
ronage throughout the whole nation. y
(20) To admit within the territory of the nation other
religious orders besides those already existing.
(21) To authorize the executive power to declare war or to
make peace.
(22) To grant letters of marque and reprisal.
(23) To dispose of the land and naval forces in times of
peace and war ; to make rules and regulations for the
government of said forces.
(24) To authorize the summoning of the militia of all the
provinces, or parts of them, when the execution of the
laws of the nation so require, or to suppress insurrec
tions and repel invasions. To provide for the organizing,
arming, and disciplining of said militia and the admin
istration and government of that part of it which may
be employed in the service of the nation, leaving to the

32 THE CONSTITUTION OF
provinces respectively the appointment of officers and
the responsibility of establishing the military discipline
prescribed by congress.
(25) To permit the entrance of foreign troops into the terri
tory of the nation and the departure of national forces.
(26) To declare in a state of siege any or several points in
the nation in case of domestic disturbance ; to continue
or suspend the state of siege declared by the executive
during a recess of congress.
(27) To exercise exclusive legislation over all the territory
of the national capital and those places acquired by
purchase or cession in any of the provinces, for the
purpose of establishing fortresses, arsenals, magazines
or other establishments of national service.
(28) To make all laws and regulations which shall be neces-
essary for carrying into execution the foregoing powers,
and all other powers vested by this constitution in the
government of the Argentine Nation.
CHAPTER V.  CONCERNING THE ENACTMENT AND PROMULGATION
OF LAWS.
Art. 68. All laws may originate in either house on the
initiative of its respective members, or of the executive power,
except those laws relating to subjects treated in Art. 44.
Art. 69. If a bill is approved by the originating house it
shall pass for discussion to the other house. If it pass both
houses it shall go to the executive, and if it obtains his approval
it shall be promulgated as law.
Art. 70. Every bill not returned by the executive within
ten working days shall be considered a law.
Art. 71. No bill failing to pass either house can be recon
sidered in any session of the same year. But if it is amended
by the revising house it shall be returned to the originating house ;
if in this house an absolute majority approve the amendments
it shall be sent to the executive power of the nation. If the
amendments be disapproved the bill shall be returned again to
the revising house, and if there the amendments be approved a

THE ARGENTINE REPUBLIC. 33
second time by a majority of two-thirds of the members, the
bill shall pass again to the originating house, but this house will
not be understood to approve the amendments without the
concurrence of two-thirds of the members present.
Art. 72. If a bill be rejected in whole or in part by the
executive power, it returns with his objections to the house in
which it originated ; this house shall discuss it anew, and if it is
passed by a two-thirds vote it shall go a second time to the other
house. If it pass both houses by a two-thirds vote the bill
becomes a law and goes to the executive power for promulga
tion. The votes in both houses in this case shall be by yeas and
nays ; the names of the persons voting for and against the bill,
together with the objections of the executive power, shall be
published immediately by the press. If the house disagree over
the objections the bill cannot be reconsidered in any session of
the same year.
Art. 73. In the promulgation of laws the following formula
shall be used : The senate and the chamber of deputies of the
Argentine nation, in congress assembled, etc., decree or sanction
as law.8 8 In Mexico the right of initiative belongs to the president, to the deputies and
senators, and to the legislatures of the states. Laws may originate in either house,
except those bills which treat of loans, taxes, or imports, or of the recruiting of troops,
all of which must be discussed first in the house of deputies.
Bills presented by the president, by the legislatures of the states, or by deputa
tions from the same, shall pass immediately to a committee.
Bills presented by deputies or senators are subjected to the same procedure as in
the Argentine constitution, with the following exceptions: (1) If a bill is rejected
only in part, or modified, or receives additions by the house of revision, the new
discussion in the house where it originated shall treat only of the rejected part, or of
the amendments or additions, without being able to alter in any manner the articles
approved. (2) If in the second revision the house of revision should insist by an abso
lute majority on the amendments in each, the whole bill shall not be again presented
until the following session, unless both houses agree by an absolute majority that the
law shall be issued only with the articles approved. (3) When a bill has been
rejected wholly or in part by the executive and returned to the house where it
originated, it will require confirmation only by an absolute majority, instead of by a
two-thirds vote. Constitution of Mexico, Arts. 65, 66 and 71.
In Colombia the right of initiative belongs to deputies, senators and the
ministers of the government. The house of deputies has exclusive right to originate
all laws for the levying of taxes and for the organization of the public ministry.
All legislative acts must have passed three readings and been adopted in

34 THE CONSTITUTION OF
Section II. — The Executive Power.
CHAPTER I.  OF ITS NATURE AND DURATION.
Art. 74. The executive power of the nation shall be'
exercised by a citizen with the title of " President of the Argen
tine Nation."
Art. 75. In case of the illness, absence from the capital,
death, resignation or dereliction of the president, the executive
power shall be exercised by the vice-president of the nation. In
case of dereliction, death, resignation or inability of the president
and vice-president of the nation, congress shall determine what
public functionary shall fill the office of president, until the cause
of inability has been removed, or a new president is elected.
Art. 76. To be elected president or vice-president of the
nation it is necessary to have been born in Argentine territory,
or to be the son of a native citizen if born in a foreign country,
to be of the Roman Catholic Apostolic communion, and to pos
sess the other qualifications required for senators.
Art. tj. The president and vice-president continue in office
six years ; and they cannot be re-elected without the interval of
one term.9
each house, on three different days, by a majority of the members before they pass
to the -government for approval. No act shall be voted on its third reading without
the presence of an absolute majority of the members. The president is allowed six
days in which to return a bill with objections when it contains no more than fifty
articles ; he is given ten days to consider a bill containing from fifty-one to two hundred
articles, and fifteen days for a bill of more than two hundred articles. Constitution
of Colombia, Arts. 80, 81, 82, 86, 102.
In Chile laws concerning amnesty must originate in the senate. The right of
initiative belongs to senators, deputies, and to the president by means of a message.
The procedure in the enactment of laws is the same as in Argentina, except that the
president is allowed fifteen days for the consideration of a bill. Constitution of Chile,
Arts. 31, 35.
In Ecuador besides senators, deputies and the president, the Supreme Court has
also the right of initiative in matters pertaining to the administration of justice. If a
bill passes both houses it is sent to the executive, who must return it within nine days
or in case of urgency within three days. If his objections concern the bill as a whole
it shall be laid aside and not brought up again until the following legislature. In every
case an absolute majority is required. Constitution of Ecuador, Arts. 64-71.
'This provision was also adopted in the constitution of the Confederate States of
America, 1862.

THE ARGENTINE REPUBLIC. 35
Art. 78. The president of the nation ceases to have power
the very day that his term of six years expires ; and no event
whatever which may have interrupted this term can be a reason
for prolonging it.
Art. 79. The president and vice-president shall receive
from the national treasury a salary, which cannot be increased
or diminished during their term of office. During this period
they cannot hold any other office or receive any emolument
from the nation or from any province.
Art. 80. Upon taking possession of their office, the presi
dent and vice-president, shall, in the presence of the president
of the senate take the following oath [the first time the oath
must be taken in the presence of the presiding officer of the
Constituent Congress], congress being assembled; "I, N. N.,
swear in the name of God and the Hoiy Evangelists to
execute with loyalty and patriotism the office of president [or
vice-president] of the nation, and faithfully to preserve and
cause to be preserved the Constitution of the Argentine Nation.
If I do not thus may God and the Nation call me to account."10
10 In Mexico the qualifications for president are, that he must be a Mexican by
birth, that he must be thirty-five years old, that he must not belong to the ecclesiastical
order, and that he must reside in the country at the time of his election. His term of
office is four years ; he may be re-elected, but is ineligible for a third term until an
interval of four years has elapsed. There is no vice-president. In case of vacancy, the
president or vice-president of the senate or of the permanent commission assumes the
presidential office until a new election is held. The new election must be held within
three months of the occurrence of the vacancy. Constitution of Mexico, Arts. 77,
78, 79- In Colombia the qualifications for president are, that he must be a native Colom
bian, that he must be more than thirty years of age, and that he must have an income
of at least two thousand two hundred dollars. The term of office is six years. Con
stitution of Colombia, Arts. 114, 115.
In Ecuador the term of office of president and vice-president is four years. They
are not eligible for election to a second term until a period of eight years has elapsed.
During this time the president cannot be elected to the office of vice-president, or vice
¦versa. No relative of the president in the first or second degree can be elected to
succeed him. Constitution of Ecuador, Arts. 81, 86 and 87.
In Chile the presidential term is five years ; no second term is permitted unless a
period of five years has elapsed. There is no vice-president, and in case of vacancy
the Minister of the Interior assumes the presidential office. Writs for a new election
must be issued within ten days after the vacancy occurs. Constitution of Chile,
Arts. 50, 52 and 55.

36 THE CONSTITUTION OF
CHAPTER II.  OF THE TIME AND MANNER OF THE ELECTION OF THE
PRESIDENT AND VICE-PRESIDENT OF THE NATION.
Art. 8i. The manner of electing the president and vice-
president of the nation shall be as follows : the capital and each
one of the provinces shall appoint by direct election an assembly
of electors equal to twice the total number of the deputies and
senators which they elect to Congress, with the same qualifica
tions, and according to the forms prescribed for the election of
deputies. No deputy nor senator, nor any one holding an office
of profit under the federal government can be an elector. The
electors shall assemble in the capital of the nation and in the
capitals of their respective provinces, four months before the
close of the existing administration and shall proceed to elect
the president and vice-president by means of sealed ballots.
They shall name in their ballots the person voted for as presi
dent, and in distinct ballots the person voted for as vice-presi
dent. They shall make two lists of all persons voted for as
president, and two other lists of all persons voted for as vice-
president, with the number of votes for each. These lists shall
be signed by the electors and* two of these lists [one of each
kind] shall be transmitted, closed and sealed, to the president of
the provincial legislature, and in the case of the capital to the
president of the municipality, in whose offices they shall be
deposited and locked ; and the other two shall be transmitted to
the President of the Senate [the first time to the President of
the Constituent Congress].
Art. 82. The President of the Senate [the first time the
President of the Constituent Congress] shall open the lists in
the presence of both Houses. The secretaries, together with
four members of congress chosen by lot, shall proceed' imme
diately to examine and to announce the number of votes which
result in favor of each candidate for the Presidency and Vice-
Presidency of the nation. Those who have in both cases the
absolute majority of votes shall be immediately proclaimed Pres
ident and Vice-President.
Art. 83. In the case of a divided vote when there is no
absolute majority, congress shall elect among the two having

THE ARGENTINE REPUBLIC. 37
the greatest number of votes. If the first plurality includes
more than two persons, congress shall elect from among all
these. If the first majority includes only one person, and the
second includes two or rnore, congress shall elect from among
all those having the first and second majorities.
Art. 84. This election shall be affected by the absolute
plurality and by a viva voce vote. If, after the first ballot, there
should result no absolute majority, another ballot shall be taken
uniting the votes on those persons who, in the first ballot, had
obtained the greatest number of votes. In case of a tie, the
ballot shall be taken again, and if another tie should result, the
President of the. Senate [the first time the President of the Con
stituent Congress] shall decide. The inspection and verification
of these elections cannot take place unless three-fourths of all
the members of congress are present.
Art. 85. The election of President and Vice-President of
the nation should take place during a single session of congress,
and the result, together with the electoral acts, should be imme
diately published by the public press.
CHAPTER III.  POWERS OF THE EXECUTIVE.
Art. 86. The President of the nation has the following
powers :
( 1 ) He is supreme head of the nation, and has in his care
the general administration of the country.
(2) He has power to enact such laws and regulations as are
necessary for the carrying out of the laws of the nation,
taking care not to alter their spirit by means of regu
lating exceptions.
(3) He is the direct and local head of the capital of the
nation.
(4) He takes part in the formation of laws in accordance
with the constitution, and approves and promulgates
them.
(5) He appoints, with the consent of the senate, the mag
istrates of the supreme court, and of the inferior
courts.

3 8 THE CONSTITUTION OF
(6) He may grant reprieves or pardon for offences subject
to the jurisdiction of the federal courts, prior to infor
mation brought by the corresponding court, except in
cases of impeachment by the chamber of deputies.
(7) He grants pensions, accepts resignations, grants leaves
of absence, and goces de monte-pios " in conformity with
the law of the nation.
(8) He exercises the rights of national patronage in the
conferring of bishoprics to the cathedral churches, upon
the proposal of one-third of the senate.
(9) With the concurrence of the supreme court he con
cedes pass or withhold the decrees of the councils,
the bulls, briefs, and rescripts of the Supreme Pontiff
of Rome ; requiring for them a law when they contain
general and permanent provisions.
(10) With the consent of the senate he appoints and removes
ministers plenipotentiary and charges d ' affairs ; and
by himself appoints and removes accredited ministers,
and their attaches, consular agents and others employed
in the administration whose appointment is not other
wise provided in this constitution.
(11) He opens the annual sessions of congress, both
houses being assembled for that purpose in the hall of
the senate ; and on this occasion he must give a report
of the state of the nation, of the reforms assured by
the constitution and recommends to their consid-
11 Goces de monte-pios, privilege of monte-pios. The monte-pio of Spain is identical
with the French mont-de-pietl. In the middle ages these institutions were established
by the monks to prevent the poor people from having recourse to the Jews and other
usurers. Their object was to render aid in cases of extreme necessity, for which ser
vice full recompense was made later. The first mont-de-pilte was established in Rome
in the latter half of the fifteenth century, and soon developed into a flourishing bank.
Later one was established Paris, and then others sprang up. It became the custom to
require exorbitant securities, and the mont-de-piitl lost its first character of a benevo
lent institution and became a money-making establishment. Laws were made regu
lating the amount of money that could be borrowed from the mont-de-pilti and also
the amount of the security which could be demanded by the mont-de-piete. There is
no institution in England or the United States corresponding to this, but the monte-
pio'of Spain and of Latin-America is identical with it. There are also such pawn
shops, if we may so call them, in Belgium and Holland.

THE ARGENTINE REPUBLIC. 39
eration those measures which he judges necessary and
expedient.
(12) He prorogues the ordinary sessions of congress, or calls
extraordinary meetings when grave questions of order
or progress demand it.
(13) He orders the collection of the national revenues and
directs their investment in accordance with law, or
with the estimate of the national expenses.
(14) He concludes and confirms treaties of peace, of com
merce, of navigation, of alliance, of limits, and of neu
trality ; contracts and other negotiations required for
the maintenance of amicable relations with foreign
powers ; he receives their ministers and admits their
consuls.
(15) He is commander-in-chief of all land and naval forces
6f the nation.
(16) With the consent of the senate, he fills, in the order of
rank, the higher military and naval offices ; and in the
field of battle by his own authority.
(17) He disposes of all military forces on land and sea, and
regulates their distribution and organization according
to the necessities of the nation.
(18) He declares war, and grants letters of marque and
reprisal, with the authority and approbation of con
gress.
(19) With the concurrence of the senate, and in case of for
eign attack, he may declare any or various points in the
nation to be in a state of siege for a limited time. In
case of interior commotion, he only has this power
during a recess of congress, because this is an attribute
which belongs exclusively to that body. The president
exercises it with the limitations provided in Art. 23.
(20) He may require any information which he deems neces
sary from the chiefs of all the departments of adminis
tration, and through them from other officials, which
information they are obliged to furnish.
(21) He may not leave the territory of the capital without

4o THE CONSTITUTION OF
the permission of congress. During a recess, he may
do so without permission, but only for reasons of the
gravest public importance.
(22) The President has power to fill those vacancies which,
require the consent of the senate, and which may occur
during a recess of the same, by temporary appointments
which shall expire at the close of the next legislature.
CHAPTER IV.  OF THE MINISTERS OF THE EXECUTIVE POWER.
Art. 87. Five ministers secretaries, to wit : of the Interior ;
of Foreign Affairs ; of the Treasury ; of Justice ; of Education
and Public Instruction ; of War and Navy ; shall have in their
charge the dispatch of the affairs of the nation, and shall corrobo
rate and legalize the acts of the President by means of their seal,
without which requisite these acts will fail of their effect. A law
shall define the authority of the several ministers.
Art. ,88. Every minister is responsible for the acts which
he authorizes ; and conjointly with his colleagues for those which
he approves.12 12 In the Mexican constitution, there is the following provision for a cabinet : " For
the dispatch of the business of the administrative department of the Federation, there
shall be the number of secretaries which the congress may establish by law, which
shall provide for the distribution of business, and prescribe what shall be in charge of
each secretary.
" To be a secretary of the cabinet, it is required that one shall be a Mexican citi
zen by birth, in the exercise of his rights, and fully twenty-five years old." Constitu
tion of Mexico, Arts. 86 and 87.
In Colombia, the president exercises the executive powers with the " indispensable
cooperation of the ministers." The number, designation and precedence of these
ministers is determined by law. The ministers, together with the president, form the
government, and the ministers are the government's organs of communication with
congress. In this Republic, there is also a council of state composed of seven mem
bers ; the vice-president of the republic and six voting members appointed according
to law. These councillors hold their office for four years, one-half being renewed
every two years. The duties of the council are lo act as the supreme consulting body
of the government in matters of administration, although their opinions shall not be
binding, except in the case of a vote for the commutation of the death penalty. They
have also certain legislative and judicial powers. Constitution of Colombia, Arts. 59,
132, 134, 136, 138, arid 141.
In the constitution of Ecuador, there is the following provision : " For the exer
cise of his power, the president of the republic shall have such secretaries of state as
the law may determine." Besides the secretaries of state, there is also a council of
state composed of the vice-president of the republic, the secretaries of state, the fiscal

THE ARGENTINE REPUBLIC. 41
Art. 89. In no case can ministers alone resolve on anything
which takes exception to the economic or administrative system
of their respective departments.
Art. 90. When congress has convened, the ministers of
state should present a detailed report of the state of the nation
in that which concerns the business of their respective depart
ments. Art. 91. Ministers cannot be either senators or deputies
unless they resign from office.
Art. 92. Ministers may attend the meetings of congress
and take part in debate, but may not vote.
Art. 93. They shall receive for their services a compensa
tion fixed by law, which cannot be increased or diminished to the
favor or to the prejudice of those in office.
Section III. — Of the Judicial Power.
CHAPTER I.  OF ITS NATURE AND DURATION.
Art. 94. The judicial power of the nation shall be exercised
by one supreme court of justice, and by such inferior courts as
congress shall establish in the territory of the nation.
Art. 95. In no case can the president of the nation exercise
judicial functions, take cognizance of pending cases, or of those
that have been already concluded.
Art. 96. The judges of the supreme court and of the in
ferior courts of the nation shall remain in office during good
behavior, and shall receive for their services a compensation
which shall be determined by law, and which cannot be dimin-
minister of the supreme court, two senators, one deputy, one ecclesiastic, and three
citizens possessing the qualifications required for a senator. At each biennial meeting
congress elects the seven last named. This council of state has consultative power ;
it may also approve or disapprove of the acts of the executive when congress is not in
session. Constitution of Ecuador, Arts. 104, 105 and 106.
In Chile, the provision for the ministers is practically the same as in Ecuador. In
this republic, there is also a council of state. It is composed of three councillors elected
by the senate, and three by the chamber of deputies, and of five councillors appointed
by the president. These latter must be, a member of the Supreme Court of Justice, an
ecclesiastic, a general in the army or navy, a chief in some office of the treasury, an
individual who has at sometime discharged the offices of Minister of State, diplomatic
agent, intendant, governor, or city councillor. The powers of the council are more
extended in this republic than in the others. Constitution of Chile, Arts. 93, 94 and 95.

42 THE CONSTITUTION OF
ished in any manner whatever while they remain in the exercise
of their office.
Art. 97. No one can be a member of the supreme court of
justice unless he is a lawyer of eight years standing in the nation,
and possesses all the qualifications required for a senator.
Art. 98. At the first installation of the supreme court, the
persons appointed shall take oath befor the president of the nation
to discharge their duties by administering justice well and law
fully, and in conformity with the provisions of the constitution.
Afterwards they shall take the oath before the president of the
court. Art. 99. The supreme court shall regulate its interior and
economic affairs and shall appoint all its inferior officers.13
CHAPTER II.  POWERS OF THE JUDICIARY.
Art. 100. The jurisdiction of the supreme court and of the
inferior courts of the nation extends to the taking cognizance of
13 The structure of the Mexican judiciary differs somewhat from that of the Argen
tine. The judicial power is vested in a supreme court of justice, and in district and
circuit courts. The number of judges of the supreme court is prescribed, eleven
judges, four supernumaries, one fiscal, and one attorney-general. Their term of office
is six years, and their election indirect in the first degree. The qualifications are less
exacting than in the Argentine ; to be a judge one must " be learned in the science of
the law in the judgment of the electors, more than thirty-five years old, and a Mexican
citizen by birth, in the exercise of his rights." Constitution of Mexico, Arts. 90, 91,
92 and 93.
In Colombia, the constitution provides for a supreme court for superior district
tribunals and " such other tribunals and inferior courts as may be established by law."
The number of judges is limited to seven, who hold office during good behavior and
are appointed by the president. The qualifications are that they must be Colombians
by birth, thirty-five years old, and must have presided as judges in one of the superior
district tribunals, or have pursued, with credit, the profession of law for five years at
least, or have been professors of jurisprudence in some public institution. Constitution
of Colombia, Arts. 60, 146, 147 and 150.
In Ecuador, the constitution provides for a supreme court, for superior courts, for
trial by jury, and for " such tribunals and courts as the constitution and the law estab
lish." The term of office is six years, with the privilege of re-election indefinitely.
The judges of the supreme court are elected by congress. Their qualifications are the
same as in the Argentine. Constitution of Ecuador, Arts. 107, 108 and no.
The constitution of Chile provides that all civil and criminal cases pertain
exclusively to tribunals established bylaw. The term of office of judges in the superior
court is during good behavior; they are appointed by the president. A law determines
their qualifications. Constitution of Chile, Arts. 73, clause 7, 99, 101 and 103.

THE ARGENTINE REPUBLIC. 43
and investigating all cases which relate to points touched upon
in the constitution, and to all laws of the nation, with the excep
tion made by clause 1 1 of Art. 67, and to treaties with foreign
nations ; to cases concerning ambassadors, public ministers and
foreign consuls ; to all cases of admiralty and maritime jurisdic
tion ; to all cases to which the nation is a party ; to all cases
arising between two or more provinces, between a province and
citizens of another province, between citizens of different provinces,
between a province or its citizens and a foreign citizen or state.
Art. ioi. In these cases the supreme court shall exercise
appellate jurisdiction according to the rules and exceptions pre
scribed by congress ; but in all affairs concerning ambassadors,
ministers and foreign consuls, and in any case where a province
is a party it shall exercise original jurisdiction exclusively.
Art. 102. All ordinary criminal cases which do not arise
from the right of impeachment granted to the chamber of dep
uties, shall be tried before juries as soon as this institution is
established in the republic. The trial of such cases shall be
held in the same province where the act is committed ; but if it
is committed outside the limits of the nation against the law of
nations, congress shall determine by a particular law the place
where justice shall be administered.
Art. 103. Treason against the nation shall consist only in
taking up arms against, or uniting with its enemies and lending
them help and succor. Congress shall determine, by a special
law, the penalty for this crime ; but it shall not work corruption
of blood, nor shall the opprobrium of the criminal extend to any
relative of any degree.
TITLE IL— THE GOVERNMENT OF THE PROVINCES.
Art. 104. The provinces reserve all powers which are not
delegated by this constitution to the federal government, and
which have not been expressly reserved by special treaties at the
time of its incorporation.
Art. 105. They have their own local institutions and govern
themselves by them. They elect their governors, legislators
and other functionaries of the province without the intervention
of the federal government.

44 THE CONSTITUTION OF
Art. 106. Each province frames its own constitution in
accordance with the dispositions in Art. 5.
Art. 107. With the consent of congress, provinces may
enter into treaties, with the object of administering justice, for
economic interests and works of common profit ; they may pro
mote, by means of protective laws, industry, immigration, build
ing of railroads and navigable canals, colonization of lands
belonging to the province ; the introduction and establishment
of new industries, the importation of foreign capital, and the
exploration of rivers.
Art. 108. The provinces do not exercise any power which
is delegated to the nation. They cannot enter into treaties of a
political character ; nor make laws relating to commerce, nor to
interior or foreign navigation ; nor establish provincial custom
houses, nor coin money, nor establish banks with the power of
issuing bank-notes, without the authority of congress ; nor have
they the power to dictate civil, commercial, penal or mining
codes after such laws have been passed by congress ; nor to dic
tate special laws concerning citizenship and naturalization, bank
ruptcy, counterfeiting of coin or securities of the state ; nor to
lay any duty of tonnage ; nor to arm ships of war, nor to raise
troops except in case of invasion, or such times of imminent
peril that admit of no delay, afterwards rendering an account to
the federal government ; nor to appoint or receive foreign agents ;
nor to admit any new religious orders.
Art. 109. No province can declare or make war with
another province. Its complaints must be submitted to the
supreme court of justice and adjusted by it. These acts of hos
tility are acts of civil war, belonging to the category of sedition
or tumult, that the federal government ought to choke and
repress according to law.
Art. no. The governors of the province are the legitimate
agents of the federal government, for the purpose of enforcing
the observance of the constitution and the laws of the nation.
Done in accordance with the reforms sanctioned by the
National Convention, in consequence of the provisions of Art.
9, of the convention of June 6th of the current year.

THE ARGENTINE REPUBLIC. 45
To be executed and published throughout the territory of
the nation.
Assembly hall of the National Convention, in the city of
Santa Fe, on the 25th day of the month of September, in the
year i860. Mariano Fragueiro.
Lucio V. Mansillo, Carlos M. Saravia,
Secretary. Secretary.
Department of the )
Interior. \ Parana, October 1, i860.
To be accepted as the fundamental law of the Argentine
Nation, to be published and circulated. Derqui, Juan Pujol,
Emilio de Alvear,
norbeeto de la rlestra,
Jose S. de Olmos,
Jose Maria Francia.

46 THE CONSTITUTION OF

AMENDMENTS.

The National Convention enacts the following :
I. That part of Article 4 of the national constitution, which
reads : "Until 1866 in conformity with the enactments of Art.
67, Clause I." shall be suppressed, and instead said article shall
be rendered in the following terms : " The federal government
provides for the expenses of the nation from the funds of the
national treasury, consisting of money accruing from import and
export duties ; the sale or lease of national lands ; postal revenue
from mails ; taxes which the general congress may equitably and
proportionately levy on the people ; loans and bills of credit by
the same congress for the needs of the nation, or for enterprises
of national benefit."
2. Likewise the last part of Clause 1, Article 67, which reads :
" Until 1866, at which time they will cease as a national tax, the
same being prohibited as provisional taxes," shall be suppressed,
and therefore said clause will read : " To legislate concerning
custom houses (aduanas exteriores) and to establish import
duties, which duties, as well as the valuations upon which they
are based, shall be uniform throughout the nation ; it being
understood that this as well as other national duties, may be
paid in the currency of the respective provinces to the full value.
To establish equably the duties on exports."
3. To be communicated to the federal government of the
republic, that it may be executed in all the territory of the
nation, and to be published.
Assembly Hall of the National Convention in the city of
Santa Fe, on the twelfth day of month of September of 1866.
Mariano Fragueiro, President.
Juan A. Barbeito, Secretary.
J. J. Montes De Oca, Secretary.

THE ARGENTINE REPUBLIC. 47

BIBLIOGRAPHY.
American State Papers ; Foreign Affairs, Vol. IV.
Arosemena : Constituciones Politicas.
Account of Rio de la Plata : London, 1825.
Cervantes ; Estudios sobre el Rio de la Plata.
Child ; South American Republics.
Conquest of La Plata ; Hukluyt Society.
Consular Reports, U. S.
Dictionaire de l'Economie Politique.
Escriche ; Diccionario de Legislacion.
Turner ; Argentina and the Argentines.
Winsor ; Narrative and Critical History of America.
Periodicals :
London Times.
Macmillan's Magazine, Sept., 1890. <
North American Review.
Saturday Review, March and July, 1890.

Part II.

THE CONSTITUTION
OF THE UNITED STATES OF BRAZIL

NOTE.
The Constitution of Brazil has been translated from the Portugese
and the translation compared with that issued by the Bureau of
American Republics.

I.
HISTORICAL INTRODUCTION.
The history of all the Spanish American Republics is much
alike. In each we hear the story of discovery, of brilliant and
cruel conquest, of oppressive colonial rule, of awakening inde
pendence, of long struggling for freedom, and of energetic though
often misdirected efforts to establish constitutional government.
The history of the Portuguese American republic differs from
that of her sisters in many respects, but the same strong family
traits are there, and democratic instincts have brought her out of
imperialism into republicanism.
A sudden storm at sea gave Brazil to Portugal. This
immense country was first discovered by a Spaniard, Vicente
Yanez Pinzon, in January of 1 500. He landed and solemnly
took possession in the name of his king. Just two months after
wards a great expedition was fitted out by Emanuel, King of
Portugal, and placed under command of one Cabral. The pur
pose of this expedition was to round the southern coast of Africa
and sail to the Indian Seas. Before they were many days out a
tempest arose, and the fleet was blown far out in the western
ocean. After some days, on April 24, 1500, they sighted an
unknown country ; it was Brazil. Spain was forced to give up
her claim, for according to the Bull of Alexander VI., and by
the convention of Tordesillas [June 4, 1494 J, the dividing line
between Portuguese and Spanish possessions had been fixed at
47" 32' 56"- All discoveries east of this line must belong to
Portugal, those west should belong to Spain.
The fact that this territory belonged to Portugal gave a dif
ferent stamp to its colonization and to its development. Portugal
was prosperous, rich, and essentially a commercial country. In
contrast to warlike Spain, she was of a peaceful disposition, and
was less impregnated with that dark fanaticism that had been
Si

5 2 THE CONSTITUTION OF
engendered by the long struggle with the Saracens. Therefore
Brazil was not invaded by a Cortez burning with loyal ambition
to add new kingdoms to Spain, or by a Pizarro spurred on by
love of gain to commit unnameable cruelties. The settlement
and colonization were carried on in a desultory sort of way, and
no special administrative effort was made until 1576, when all
the Portuguese colonies in America were united under one
captain-general, whose residence was fixed at Bahia. In 1763,
the capital was changed to Rio de Janeiro, and the captain-gen
eral received the title of viceroy of Portugal. The population
of the vice-royalty consisted of Portuguese adventurers and
merchants, of large numbers of Jews banished from Portugal by
the Inquisition, of negro slaves, and of criminals.
Commercial restrictions, religious intolerance, grievous defects
in the administrative system, no public education, and a bitterly
conservative spirit towards foreigners, were the characteristics
of Portuguese America. Therefore, during the long years of the
colonial period it made but slight advance, and improved but
little its great opportunities. However, the hour of independence
struck simultaneously for it and for its Spanish-American neigh
bors. In 1807 the French army, under Marshal Junot, invaded
Portugal with the design of seizing the royal family. The prince
regent, Dom Juan, had done everything in his power to avert the
coming storm, but in vain. Napoleon had determined to add
the whole of the Peninsula to his other conquests, and on the
29th of November his army was looking down upon Lisbon.
Then the prince regent resolved upon emigration to Brazil.
Everything of value was hastily embarked with the royal family,
and the fleet, escorted by an English squadron, set sail for
America. The royal exiles were received with enthusiasm, and
their presence proved a real and important advantage to the
vice-royalty. One of Dom Juan's first acts was to open the ports
to commerce with all nations. He accomplished many other
reforms, made necessary by the fact that a nation so far away
from the seat of government ought in many ways to regulate its
own affairs. By recognizing this principle he naturally fostered

THE UNITED STATES OF BRAZIL. 53
the idea of independence, which had already taken root in the
minds of the people. The most important reform was the
decree of December, 1815, by which Brazil was declared to be
no longer a colony, but an integral part of the "United Kingdom
of Portugal, Algarves, and Brazil." Shortly after this the queen
mother died and the prince regent succeeded to the throne as
Dom Juan VI. The revolutionary movement in Portugal in 1821
made it necessary for the king to leave Brazil. He appointed
his son, Dom Pedro, a young man of some twenty-three years,
lieutenant to his majesty in the kingdom of Brazil, and then set
sail for home. The general character of the Brazilian popula
tion had undergone a decided change since 1808. With Dom
Juan had come a horde of needy adventurers, upon whom he
had bestowed titles and lands. This had given rise to a new
class, an aristocracy, who were looked upon first with distrust,
then with hatred, by the native Brazilians.
After Dom Juan returned to Portugal the suspicions and fears
of the Portuguese cortes were aroused concerning Brazil. This
was owing partly because Dom Pedro was almost a Brazilian by
education, and partly because of the revolutionary disturbances
in some of the provinces, especially in Pernambuco and Bahia.
As the Brazilian deputies were in the minority, the cortes were
able to adopt a course of policy more and more opposed to Bra- •'
zilian interests. They voted the suppression of superior courts
of justice at Rio de Janeiro, they attempted to make the
provinces depend directly upon Lisbon, and in a word they did
their best to bring back the colonial system with all its worst
faults. The final stroke was given when the cortes commanded Dom
Pedro to return to Portugal. Nothing was better calculated to
arouse the- popular enthusiasm for him. The Creoles rallied
about him and implored him to remain in spite of the repeated
commands from the cortes. Imperative dispatches were received
by the prince when on the road near Sao Paolo on the 7th of Sep
tember, 1822. He understood his position, and exclaiming,
" Independencia ou morte !" struck the first blow of the revolution.
His decision was received with the greatest enthusiasm, and on

54 THE CONSTITUTION OF
the 1 2th of October, 1822, he was proclaimed constitutional
emperor and perpetual defender of Brazil. The Portuguese troops
which were stationed here and there throughout the country made
only a nominal resistance. The next great work was to organize
a form of government. A popular assembly was called by the
emperor in May, 1823, to which he addressed a message embody
ing most liberal ideas, as a basis for the proposed constitution.
Unfortunately there were factious spirits in the assembly and noth
ing could be accomplished. The emperor dissolved the body
and later in the year appointed a committee of ten who should
formulate a constitution. This constitution was accepted by the
emperor and by the authorities of the nation on the 25th of
March, 1824, and was well received by the people. The popu
larity of the emperor was not of long duration. He seems never
i to have known how to become the man of the people, how to make
himself entirely and truly a Brazilian. At the period of the revo
lution he had at times uttered sentiments calculated to encourage
a spirit of nationality, and his sincerity had been credited ; yet
his subsequent employment of a foreign force, his continued inter
ference in the affairs of Portugal, his institution of a secret cabi
net, and his appointment of naturalized Portugese to the highest
offices, to the apparent exclusion of the Creoles, gave rise to the
universal impression that the emperor himself was still a Portu
gese at heart. The native Brazilians grew restive under a govern
ment which seemed to be carried on in the interests of a foreign
party. They accordingly broke out in open rebellion in many
parts of the empire, and after several fruitless efforts at repression
the emperor found himself in a painful and humiliating situation.
On the 6th of April, 1831, the patriots held an assembly and
demanded that a new ministry be formed. The emperor replied
by assuring them that the administration was perfectly constitu
tional. But scarcely had the justice of the peace, who was com
missioned to read the emperor's message, finished, than the docu
ment was torn from his hands and trampled under foot. The
excitement increased, the ranks of the insurgents were reinforced,
and finally the emperor was forced to submit. On the 7th of
April he signed his abdication in favor of his son Dom Pedro de

THE UNITED STATES OF BRAZIL. 55
Alcantara, a boy of six, and embarked for Portugal. The revo
lution of the 7th of April was not a local one, and it was not
solely against an individual. It was a manifestation of the repub
lican idea which before this time had shown itself in different
states of Brazil. In Minas Geraes there had been an insurrection ,
against monarchy in 1792. In 1801 there was a movement in
Bahia, and in 181 7 there was an organized revolution against the
provincial government in Pernambuco. The leaders of the 7th
of April were those men who believed it possible to have a con
stitutional government, with an emperor at the head who would
obey their behests. For nine years the country was governed by
a regency, and there was ample opportunity for the warring of
factions. Some important constitutional changes were brought
about in 1834. One of these created annual assemblies in the
provinces, instead of the general councils before held. The mem
bers of these assemblies were to be elected once in two years.
Another reform abolished the triple regency and conferred that
office upon a single individual, to be elected every four years.
The year 1840 was signalized by a new and startling revolu
tion, which resulted in the abolition of the regency. The emperor
Dom Pedro II. was now in his fifteenth year, and the political party
opposed to the regent and the existing ministry proposed to
declare the emperor's minority expired and to place him in full
possession on the throne. The constitution limited the minority
at eighteen years, and the legislature had no power to amend or
overstep the constitution. The debate upon the motion to declare
the emperor of age began in the chamber of deputies early in
July. At first it turned principally upon constitutional objections.
The deputies grew excited, language became violent, the populace
was aroused, and on the 23rd of July the regency was declared
abolished. As is nearly always the case, the very ones who were instru
mental in helping Dom Pedro to declare himself master, failed to
enjoy for any length of time the fruits of their devotion to the
prince. Very soon he dismissed the liberal ministry and called
into power the conservatives, without any other reason than his
own good pleasure.

56 THE CONSTITUTION OF
A monarchy was out of place in South America, surrounded
as it was by republican governments, and itself not a natural
growth but transplanted from another land. The present repre
sentative of the monarchical system did not by his conduct,
during his long reign of more than fifty years, justify the claim
of such a government to political existence. His policy, if it
could be said that he had any, was a personal one. It consisted
in ignoring men of true worth, and elevating those who knew
how to be servile. The two parties, conservatives and liberals,
to which belonged the politicians and statesmen, were called to
office in turn at the caprice of the emperor. The natural result
of this was, that men became unscrupulous, and had no party
principles. His financial policy was marked by the same heed
lessness of consequences. There was a constant deficit in the
national accounts, and paper money was issued with a reckless
disregard of its steady depreciation.
His attitude on the slave question alienated many of his sub
jects. Frequent movements were made during his reign towards
the abolition of slavery, but he, in league with the planters,
steadily opposed them. It was not until he was convinced by
the stern logic of England's cannon that he agreed in 1871 to
declare free all children of slaves.
He carried on various unreasonable and expensive wars
against the neighboring republics. It would have been natural
to suppose that a country as large and powerful as Brazil would
have pursued the generous policy of protecting her weaker
neighbors against the stronger. But the emperor never did this
without imposing the most humiliating conditions. He con
sidered the wars waged between the republics a pretext for
diverting his own subjects from dwelling too much on internal
affairs. He carried on a policy of centralization by forced con
stitutional changes, and false constitutional interpretations. The
municipalities were deprived of their right to elect their own
judicial and administrative officers. The provinces were robbed
of all privileges which could arise from their provincial assemb
lies. The emperor appointed the presidents, secretaries, prefects
of police, and the commanders of the provincial forces. In fact

THE UNITED STATES OF BRAZIL. 57
the imperial system outrivalled in its rigidity and oppression the
old colonial days. Dom Pedro was living a hundred years after
his time, and with blind eyes failed to read the lessons of the
republics about him. These faults in the imperial system,
together with certain strong manifestations of the republican
idea, brought about the fall of monarchy and established a new
form of government.
About the year 1870 there began to be established through
out Brazil journals with a distinctly republican tone. This was
especially true of the provincial journals, for they could exercise
more freedom than those of the capital. A few of the more
ardent spirits issued a manifesto, signed by their own names, in
which they said : " We come before our countrymen with firm
ness and resolution, to lift the curtain from before the republican
federative party. We are of America, we must be Americans."
Before the revolution of 1889 there had been established seventy
journals of avowed republican principle. They had a powerful
influence in bringing about the revolution.
Another strong indication of republicanism was the abolition
campaign of 1880. The emperor, as has been noted, signed an
act in 1 87 1 granting partial emancipation ; but the provisions of
the act had not been vigorously enforced, and the abuses of the
system had continued. Voice was given to the movement by a
deputy from the province of Sao Paolo, who introduced a bill in
the chamber modifying the penal code. In his speech he exposed
some of the cruelties that were practiced upon slaves in the
plantations and the mines. The indignation of the deputies was
aroused, and at their cry of righteous anger the country arose.
Societies were organized, and propagandists went about preach
ing the doctrine of freedom to the oppressed. The campaign
resulted in a complete victory for the abolitionists, and some of
the leaders immediately sought to give a political significance to
this enthusiasm for liberty which agitated the whole country.
Another fact that gave strength to the republican movement
was that the heir to the throne, the emperor's daughter, was
exceedingly unpopular. Fate seemed to conspire against a con
tinuation of the monarchy.

5° THE CONSTITUTION OF
Finally the army became disaffected, republican principles
were freely discussed, and nearly all the younger officers became
ardent republicans.
The revolution of the 15th of November, 1889, which gave
to Brazil its present constitution, was thus the natural result of
causes which had been at work for a century. Though long
behind her sisters in declaring a republican form of government,
she finally accomplished it by a bloodless revolution. On the
morning of that day Benjamin Constant, who had been the lead
ing republican thinker for the last five years, appeared by the
side of General Deodoro da Fonseca at the head of several
regiments. They marched to the place where the ministry was
in session, and the national troops stationed there fraternized
with them. They demanded the dissolution of the ministry, and
the ministers immediately sent a communication to Petropolis,
where the emperor was at that time, offering their resignations.
The people took up the cry of " Long live the army, long live
the Republic!" They met together in a popular assembly, and
formulated an address to the army and navy: "We have the
honor to inform you that after the noble and glorious resolu
tion by which the monarchy has ipso facto been overturned, the
people met together in the palace of the municipal council, in
accordance with the laws yet in force, have declared complete
the act abolishing the monarchy, and accordingly the youngest
councillor, following the provisions of our laws, declares for
Brazil a new form pf government — the Republic. The under
signed hope that the patriots of the army will approve of the
popular initiative by immediately decreeing this new republican
form of government." The military leaders joined with the
people, a provisional government was constituted with General
Fonseca at the head, and the constitution of the United States of
Brazil was framed.

THE UNITED STATES OF BRAZIL. 59

II.
OUTLINE OF CONTENTS.

TITLE I.— OF THE FEDERAL ORGANIZATION.
SECTION I.  OF THE LEGISLATIVE AUTHORITY.
Chapter I. — General Dispositions.
Chapter II. — Of the Chamber.
Chapter III. — Of the Senate.
Chapter IV. — Of the Attributes of the Congress.
Chapter V. — Of Laws and Resolutions.
SECTION II.  OF THE EXECUTIVE POWERS.
Chapter I. — Of the President and Vice-President.
Chapter II. — Of the Election of President and Vice - Presi -
dent.
Chapter III. — Of the Attributes of the Executive Powers.
Chapter IV.— Of the Ministers of State.
Chapter V. — Of the Impeachment of the President.
SECTION III.  OF THE JUDICIAL POWERS.
TITLE 1 1.— OF THE STATES.
TITLE III.— OF THE MUNICIPALITY.
TITLE IV.— OF BRAZILIAN CITIZENS.
SECTION I.  OF THE QUALIFICATIONS OF BRAZILIAN CITIZENS.
SECTION II.  DECLARATION OF RIGHTS.
TITLE V.— GENERAL PROVISIONS.

TEMPORARY PROVISIONS.

60 THE CONSTITUTION OF

III.
CONSTITUTION OF THE UNITED STATES OF
BRAZIL.

TITLE I.— OF THE FEDERAL ORGANIZATION.
Art. i. The Brazilian nation adopting as a form of govern
ment the federative republic,1 proclaimed by Decree No. i, of
November 15, 1889, constitutes itself, by a perpetual and indis
soluble union between the former provinces, into the United
States of Brazil.
Art. 2. Each of the former provinces will constitute a state,
and the former neutral municipality will constitute the federal
district, continuing to be the capital of the Union so long as
congress shall not otherwise determine.
If congress shall resolve upon the removal of the capital, the
territory having been chosen for this purpose, with the assent
of the state or states from which it shall be dismembered, the
present Federal District will by this act become a state.
Art. 3. The states may be mutually incorporated, be sub
divided or dismembered, to be annexed to others, or to form new
states, in accordance with the consent of the respective local
legislatures for two consecutive years, and the approval of the
National Congress.
Art. 4. To each state pertains the duty of providing, at its
own expense, for the needs of its own government and administra
tion, the Union having power to grant subsidies only in excep
tional cases of public calamity.
1 The government is a monarchy, hereditary, constitutional and representative."
Pol. Const, of the Empire of Brazil, Art. 3.

THE UNITED STATES OF BRAZIL. 6 1
Art. 5. The Federal Government can not intervene in the
nternal affairs of the state, except
(1) To repel foreign invasion, or invasion from one state
into another ;
(2) To maintain the republican federative form of govern
ment;
(3) To re-establish order and tranquillity in the states upon
requisition of the local authorities ;
(4) To insure the execution of laws of congress, and com
pliance with federal decrees.
Art. 6. It exclusively pertains to the Union to decree :
( 1 ) Taxes upon importations of foreign production ;
(2) Entry, clearance and port dues of ships; the coast
wise commerce being free to domestic merchandise as
well as to foreign upon which import duties have been
already paid ;
(3) Stamp taxes ;
(4) Postal and telegraphic contributions ;
(5) The creation and maintenance of custom houses;
(6) The establishment of banks of issue.
The laws, acts and sentences of authorities of the Union
will be executed throughout the country by federal
officers.
Art. 7. It is prohibited to the Federal Government to
create distinctions and preferences in favor of the ports of one
state against those of the others by fiscal or commercial regula
tions. Art. 8. It exclusively pertains to the state to decree taxes:
(1) Upon the exportation of merchandise which shall not
be from other states ;
(2) Upon landed property ;
(3) Upon the transfer of property.
Sec. 1. The produce of other states is exempt from taxes
in the state through which it passes for export.
Sec. 2. From 1895 forward all duties on exportations will
cease.
Sec. 3. It is lawful for a state to tax the importation of

62 THE CONSTITUTION OF
foreign merchandise only when it is destined for con
sumption in its own territory, the product of the tax,
however, reverting to the federal treasury.
Art. 9. It is prohibited to the states to tax in any manner,
or to embarass with whatspver obstacle or charge, legislative or
administrative, the acts, institutions or services established by
the government of the union.
Art. 10. It is prohibited to the states as well as the Union:
( 1 ) To create taxes on the transit through the territory of
the state, or in the passage from one to another, upon
the products of other states of the Republic, or foreign
countries, as well as upon the vehicles, of land or water,
by which they are carried ;
(2) To establish, aid or embarrass the exercise of religious
worship ;
(3) To enact retro-active laws.
Art. ii. In the questions which pertain concurrently to the
government of the Union and the government of the states, the
exercise of authority by the first will stay the action of the
second, and annul thenceforward the laws and dispositions
emanated therefrom.2
Art. 12. Beyond the sources of revenue specified in Arts.
6 and 8 it is lawful for the Union, as well as for the states, to
create others not in contravention to Arts. 7, 9 and 19, Sec. 1.
Art. 1 3. The right of the Union and of the states to legislate
upon railways and internal navigation will be regulated by a law
of the National Congress.
Art. 14. The land and naval forces are permanent national
institutions, destined to the defence of the country abroad and
the maintenance of the laws at home. Within the limits of the
2 The organization and administration of the provinces of the empire were essen
tially different from the methods of the republic. According to the imperial constitution
the territory was divided into provinces, subject to re-division as the good of the state
demanded, and provincial councils were held in a manner appointed by law, to propose,
discuss and deliberate upon provincial affairs. It was forbidden them to propose or
deliberate concerning the general welfare of the nation, concerning disputes between
provinces, concerning taxes or the execution of the laws. The presidents of the pro
vinces were appointed by the Emperor, and were removable when the interests of the
state demanded it. Pol. Const, of the Empire of Brazil, Arts. 2, 72, 83 and 165.

THE UNITED STATES OF BRAZIL. 63
law, the armed force is obedient each rank to its superior, and is
obliged to sustain the constitutional institutions.
Art. 15. The legislative, executive and judicial authori
ties, harmonious and independent, correlatively, are organs of the
national sovereignty.3
SECTION— I. OF THE LEGISLATIVE AUTHORITY.
CHAPTER I.  GENERAL DISPOSITIONS.
Art. 16. The legislative authority is exercised by the
National Congress, with the sanction of the President of the
Republic. Sec. 1. The National Congress is composed of two
branches : the Chamber of Deputies and the Senate.
Sec. 2. The elections for senators and deputies to the
Chamber will be held simultaneously throughout the country.
Sec. 3. No one may be at the same time deputy and
senator.Art. 17. Congress will assemble at the federal capital
upon May 3 every year, independent of convocation, and will
remain in session for four months from the day of opening, the
executive being empowered to prorogue or to call extraordinary
sessions. Sec. 1. Each legislature will be of three years' duration.4
Sec. 2. In the case of a vacancy occurring in congress
the authorities of the respective states will immediately pro
ceed to a new election.
3 The departments of government recognized by the imperial constitution of
Brazil were four : legislative, moderative, executive, and judicial. The moderative
power was delegated to the Emperor, that " he may guard without ceasing the pre
servation of independence, the balance and harmony of the political powers." The
moderative power was exercised in nominating senators from the triple lists, convoking
extra sessions of the general assembly, sanctioning its resolutions, passing upon the
resolutions of the provincial councils, appointing or removing ministers of state, in
extending pardon to condemned criminals, and in declaring general amnesty. Pol.
Const, of the Empire of Brazil, Arts. 10, 98. 101, clauses 1-9.
tThe duration of the imperial legislature was four years. Pol. Const, of the Empire
of Brazil, Art. 17-

64 THE CONSTITUTION OF
Art. 1 8. The Chamber and Senate will meet separately,
holding public sessions when the contrary may not be decided
by the majority of votes present, and will only deliberate when
there is present in each of the chambers an absolute majority of
its members. Sec. i. The rules of the two chambers will establish
means for compelling absent members to appear.
Sec. 2. Each of them will verify and confirm the
powers of its members.
Art. 19. Each of the chambers will elect its officers, will
organize its own rules, prescribing disciplinary penalties, includ
ing that of temporary suspension, for the respective members, will
select its clerks, and will regulate its internal police service.
Art. 20. The deputies and senators cannot be held account
able for their opinions, words or votes in the exercise of their
mandate. Art. 21. The deputies and senators may not be arrested or
prosecuted criminally, unless by order of their respective
chamber, except in flagrante delicto. And in this case, the prose
cution being carried to the point of indictment [pronuncia exclu
siva?^, the prosecuting authority will remit the documents to the
respective chamber for a decision as to relevancy of the accusa
tion, should the accused not decide upon immediate sentence.
Art. 22. The members of the two chambers, upon taking
their seats, will enter into a formal engagement, in open session,
to fulfill their duties well.
Art. 23. During the sessions the senators and deputies
will be entitled to a pecuniary compensation, beyond mileage,
fixed by congress at the termination of each legislature for that
to follow.5 Art. 24. Members of congress may not receive from the
executive power remunerated employments or commissions,
except they shall be diplomatic missions, military commissions,
or offices of legal appointment or promotion.
s The compensation of deputies under the empire was the same, but that of
senators was fixed at " one-half as much again as that received by the deputies." Pol.
Const, of the Empire of Brazil, Arts. 39 and 51.

THE UNITED STATES OF BRAZIL. 65
During legislative functions those of all others cease.6
Art. 25. The conditions of eligibility to the National
Congress are :
( 1 ) To be in possession of electoral rights ;
(2) To be a Brazilian citizen for over seven years in the
case of the chamber, and for more than nine years in
the case of the senate.7
Art. 26. The following are ineligible to the National Congress.
(1) The members of religious orders [religiosos) regular
and secular, of whatever confession.
(2) Governors.
(3) Chiefs of Police.
(4) Commanders of garrisons, together with other military
functionaries in command of land and naval forces
equal or superior to these.
(5) Commanders of police corps.
(6) Magistrates, unless they have been unemployed for
more than a year.
(7) Administrative employes who may be dismissed inde
pendent of process.8
6 Senators and deputies could be nominated as ministers or councillors of state ;
in such a case the senator could retain his seat, but the deputy had to resign. How
ever, in the case of the deputy a new election could be ordered, and if he were re-elected
he could then hold both offices. Also, if when elected he exercised either the office
of minister or of councillor of state he could combine both offices. All other offices
were incompatible. Pol. Const, of the Empire of Brazil, Arts. 29, 30 and 32.
7 No provision regarding length of time of citizenship was made in the imperial
constitution. 8 Under the imperial constitution those ineligible as deputies were, those not having
a clear annual rental of at least ($240.00, naturalized foreigners, and those not professing
the state religion. Further qualifications were required for senators ; they must be at
least forty years of age, and must be persons " of wisdom, ability and bravery, prefer
ence being given to those who have served their country, and they must have an annual
rent of at least $500.00." Pol. Const, of the Empire of Brazil, Arts. 45 and 95.
In addition to the foregoing general dispositions, the imperial constitution provided
that members of both chambers should have the title of " August and Most Worthy
Sir." Art. 16. It further provided that the emperor had no power to send any deputy
or senator out of the country during sessions of the houses except in extraordinary cases,
and then the respective houses were to be judges of the urgency of the case. Arts. 33
and 34. The imperial general assembly possessed other powers connected with the
office of emperor, such as appointing = regent, recognizing the heir to the throne,
appointing a tutor for the emperor if in his minority, etc. Art. 15 clauses 1-7.

66 THE CONSTITUTION OF
CHAPTER II.  OF THE CHAMBER OF DEPUTIES.
Art. 27. The Chamber of Deputies is composed of the
deputies from the federal district and those from the states in
the proportion, which may not be reduced, of one for 70,000
inhabitants, and is elected by direct suffrage.
For this purpose the federal government will proceed within
three years from the inauguration of the first congress, to a
re-census of the population of the Republic, which will be revised
every ten years.9
Art. 28. To the Chamber pertains the initiation of all tax
laws, the fixing of land and naval forces, the discussion of projects
submitted by the executive power and the declaration of the
relevancy or irrelevancy of an accusation against the President
of the Republic under the terms of Art. 52.10
CHAPTER III.  OF THE SENATE.
Art. 29. The senate is composed of citizens eligible under
the conditions of Art. 25, chosen by the state legislatures by a
plurality of votes to the number of three senators from each one."
' The only provision made in the imperial constitution regarding the number of
deputies is in Art. 97, which reads, " An organic law shall regulate elections and shall
determine the number of deputies according to the population of the empire." No
provision is made for the mandate except that it is limited {temporal). Art. 35.
10 The imperial chamber of deputies had exclusive power to lay all taxes, to levy
armies, and to name a new dynasty in case of the extinction of the reigning house. It
also had power to hold a residencia* of the previous administration, and to discuss
acts proposed by the executive. As the person of the emperor was inviolable he was
not subject to impeachment, but the chamber had the exclusive right to decree the
impeachment of ministers and councillors of state. Pol. Const, of the Empire of Brazil,
Arts. 36, 37, 38 and 99.
" Under the empire each province returned half as many senators as it had depu
ties. If the number chanced to be uneven in any province, it returned half the next
lower even number. In the case of a province having but one deputy it could also
return one senator. Senators and deputies were elected indirectly by the provinces.
All active citizens voted for the provincial electors in the parochial assemblies, and these
electors voted in turn for the provincial and national representatives. They voted for
*In the colonial days the viceroys and royal governors were subject to a residencia
at the close of their term of office. The outgoing official was not permitted to leave
the country for a certain length of time. During this time any one who had any com
plaint against the previous administration was given a hearing. The official had to
answer such charges, and clear himself or suffer trial and punishment.

THE UNITED STATES OF BRAZIL. 67
The senators from the federal district will be elected in the
manner prescribed for the election of the President of the
Republic. Art. 30. The senator's mandate will continue for nine years,
one-third of the senate to be renewed every three years.12
( I ) In the first year of the first legislature, immediately
after organization, the senate will divide its members
into three equal groups whose mandates will end at the
termination of the three triennial periods respectively.
(2) This division will be effected in the following manner :
Three lists shall be made corresponding to the three
groups. The first list shall contain the names of those
senators who have received the highest number of
votes in the states and in the federal district ; the man
dates of these senators shall be nine years. The second
list shall contain the names of those who have received
the next highest number of votes ; the mandates of
these senators shall expire at the end of the second
triennial period. The third list shall contain the
remainder of the names ; the mandates of these sen
ators shall expire at the end of the first triennial period.
(3) In case of a tie the oldest will be chosen, it being
decided by lot in case of equality of age.
(4) The mandate of a senator elected to Jill a vacancy shall
continue to the end of the unexpired term.
Art. 31. The Vice-President of the Republic shall be ipso
facto the president of the Senate, in which he shall have only a
casting vote, and in case of his absence or disability his place
will be taken by the vice-presidents of this chamber.^
Art. 32. It pertains especially to the senate to try the Pres-
the senators by triple lists, from which the emperor selected the ones having the majority
of votes in all the lists together. Pol. Const, of the Empire of Brazil, Arts. 41, 43 and
90. 12 Under the imperial constitution the senators were elected for life. The princes
of the imperial house had a seat in the senate after they had reached the age of
twenty-five years. Arts. 40 and 46.
¦3 Under the empire the senate elected its own president. Pol. Const, of the
Empire of Brazil, Art. 21.

68 THE CONSTITUTION OF
ident of the Republic, and other federal functionaries designated
by the constitution, in the manner and form by it prescribed.14
( i ) The senate when deliberating as a tribunal of justice will
be presided over by the president of the supreme Fed
eral Tribunal.
(2) It will not pronounce a condemnatory sentence, unless
two-thirds of the members be present.
(3) It may not impose penalties beyond the loss of office
and prohibition from holding any other, without preju
dice to the action of ordinary justice against the con
demned party.
CHAPTER IV.  OF THE ATTRIBUTES OF CONGRESS.
Art. 33. It pertains especially to the National Congress.
(1) To estimate the revenue and fix the expenditure annu
ally.
(2) To authorize the executive power power to contract loans
and make other credit operations.
(3) To legislate as to the public debt, and establish means
for its payment.
(4) To regulate the collection and distribution of the national
revenues.
(5) To regulate international trade, as well as that between
the states and the federal district, to create ports of
entry, and to create and suppress bonded warehouses
(entrepots) .
(6) To legislate as to navigation on rivers that wash more
than one state, or run through foreign territory.
(7) To decide the weight, value, inscription, standard and
denomination of coins.
(8) To create banks of issue, legislate upon their currency
and regulate it.
(9) To fix the standard of weights and measures.
"The imperial senate had exclusive judicial power in the case of transgressions
committed by members of the imperial family, ministers of state, councillors of state,
and senators, and also deputies during the period of the legislature. It had also certain
other powers, such as convoking the assembly when the emperor failed to do so, or at
the time of his death. Pol. Const, of the Empire of Brazil, Art. 47.

THE UNITED STATES OF BRAZIL. 69
Definitely to decide as to the limits of states between
themselves, those of the Federal District and those of
the national territory with adjoining countries.
To decree the impeachment of the President of the
Republic under the conditions of Art. 52.
To authorize the government to declare war and to make
peace. Definitely to decide as to treaties and conventions with
foreign nations.
To designate the capital of the Union.
To concede subsidies to the states under the conditions
of Art. 4.
To legislate upon the service of post-offices and tele
graphs.To adopt the necessary measures for the safety of the
frontiers.To fix annually the land and naval forces.
To regulate the composition of the army.
To concede or refuse passage to foreign troops through
the territory of the country for military operations.
To call out and utilize the police force of the states in
the cases provided for by the Constitution.
To declare under martial law one or more localities of
the national territory, in the emergency of attack
by foreign troops, or domestic commotion, and to
approve and suspend such declarations by the executive
power or its responsible agents in the absence of con
gress.
(23) To regulate the conditions and process of election of
federal officers throughout the country.
{24) To codify the civil, criminal and commercial laws of
the Republic, and those of procedure.
(25) To fix the salaries of the ministers of state.
(26) To create and abolish federal public offices, to deter
mine their powers, and to fix salaries.
(27) To constitute tribunals subordinate to the supreme fed
eral tribunal.

(10)

(11)

(12)

(x3)

(14)

(J5)

(16)

(J7)

(18)

(J9)

(20)

(21)

(22)

70 THE CONSTITUTION OF
(28) To legislate against piracy and offences against the
laws of nations.
(29) To concede amnesty.
(30) To commute and pardon penalties imposed upon federal
functionaries for crimes of responsibility.
(31) To legislate upon public lands and mines.
(32) To enact special laws for the federal district.
(33) To govern by special legislation those localities of the
territory of the Republic needed for the establish
ment of arsenals or of other institutions for federal
uses.
(34) To legislate upon higher instruction in the federal
district.
(35) To regulate the cases of inter-state extradition.
(36) To be vigilant in the defence of the constitution and
the laws, and to provide for necessities of a federal
character.
(37) To decree the laws and resolutions needful for the
exercise of the powers with which the constitution
invests the government of the Union.
(38) To decree the organic laws for the complete execution
of the constitution.
Art. 34. Congress is also charged, but not exclusively :
(1) To foster in the country the development of public
education, agriculture, industry and immigration.
(2) To create institutions of higher and secondary educa
tion in the states.
(3) To promote pfimary and secondary education in the
federal district.
Any other expenses whatsoever of a local character in the
capital of the Republic shall be provided for exclusively by the
municipal authority.15
'5 Many of the powers herein vested in congress were formerly vested in the
emperor, either in his moderative or executive character. The powers indicated in
Art. 33, Clauses 4, 12, 13, 19, 26, 29 and 30, were substantially vested in the Emperor.
Pol. Const, of the Empire of Brazil; Art. 102, Clauses 13, 9, 8, 5, 4; Art. 101, Clauses
9 and 8.

THE UNITED STATES OF BRAZIL. 71
CHAPTER V.  OF LAWS AND RESOLUTIONS.
Art. 35. All projects of laws may originate without dis
tinction, observing the exceptions of Art. 28, in either the
Senate or the Chamber, by the initiative of any of its members,
or by proposal in a message from the executive power.
Art. 36. A project of law, passed by one of the chambers,
will be submitted to the other ; and the latter, if it be approved,
will send it to the executive power, who, if he approves, shall
sanction and promulgate it.
Sec. 1. If, however, the President of the Republic shall
consider it unconstitutional or contrary to the interests of the
nation, he must oppose it by his veto within ten working
days from that upon which he received the project, returning
it within the said time to the chamber wherein it originated,
together with the reasons for refusal.
Sec. 2. The silence of the executive power upon the
tenth day signifies a sanction, except in case the said period
expires after the closing of Congress.
Sec. 3. The project being returned to the chamber
wherein it originated, it will there be submitted to dis
cussion and to a vote,* it being considered approved should
it obtain two-thirds of the votes cast ; and in this case it will
be sent to the other chamber, whence, should it obtain the
same majority, it will be returned as a law to the executive
power for the formality of promulgation.
Sec. 4. Sanction and promulgation will be effected by
these forms :
1. "The National Congress decrees, and I sanction the
following law (or resolution)."
2. "The National Congress decrees and I promulgate the
following law (or resolution)."
Art. 37. The project of a law of one chamber amended in
another, will return to the first, which, should the amendment be
accepted, will forward it, modified in conformity therewith, to
the executive power.
* By calling the roll.

72 THE CONSTITUTION OF
Sec. I. In the contrary case, it will return to the amend
ing chamber, where the alterations will only be considered
approved if they obtain two-thirds of the votes cast ; and in
this case it will return to the originating chamber, which can
only reject it by a two-thirds vote.
Sec. 2. If the amendment shall be rejected in this
manner, the project will be sent to the executive for sanction
without it.
Art. 38. Projects totally rejected or not sanctioned cannot
be again proposed during the same legislative session.16
SECTION II.— OF THE EXECUTIVE POWER.
CHAPTER 1.  OF THE PRESIDENT AND VICE-PRESIDENT.
Art. 39. The President of the United States of Brazil, as
elective and supreme chief of the nation, exercises the executive
power. Sec. 1. The Vice-President elected at the same time
with the President takes the place of the latter in case of
temporary disability and succeeds him in case of vacancy.
16 There are several points of difference regarding the enactment of laws under
the republic and under the empire. Certain provisions were made in the case of the
emperor introducing a bill, which he did by one of his ministers in the chamber of
deputies. It was first examined by a committee from the chamber, and if approved
by this committee, it was then admitted for discussion. The ministers of state were
permitted to take part in the discussion, but had to withdraw when the bill was voted
upon. If the bill introduced by the emperor failed to pass the chamber of deputies,
he was informed of the fact in due form by a deputation. If it passed the chamber
of deputies, it was sent to the senate. This form was also followed in the case of
bills not introduced by the executive. At the second reading of the bill, if the origi
nating chamber did not agree to the amendments made by the other chamber, it could,
ar a meeting of the two houses, call for a committee of three members who should
meet in the senate, and the dissenting chamber should abide by their decision. When
a law had passed both chambers it was sent to the emperor by a deputation of seven
members from the approving chamber. If the emperor disapproved of the bill, he
expressed himself in the following terms : " The Emperor wishes to take time for
deliberation upon the proposed law;" and the chamber answered: "We applaud the
interest which your imperial majesty takes in the nation." This negative had only a
suspensive effect, and if the two succeeding legislatures proposed the same bill in
the same terms it passed over the emperor's veto and became a law. The time given
the emperor in which to return a bill was one month. Pol. Const, of the Empire of
Brazil, Arts. 52-70.

THE UNITED STATES OF BRAZIL. 73
Sec. 2. In case of disqualification or vacancy in the office
of vice-president, the vice-president of the senate, the presi
dent of the chamber of deputies, and the president of the
supreme federal tribunal will be in succession called to the
presidency. Sec. 3. The qualifications for election as President or
Vice-President of the Republic are :
( 1 ) To be a native born Brazilian.
(2) To be in exercise of political rights.
(3) To be over 35 years of age.
Art. 40. The President will hold office for six years, and
cannot be reelected for the next presidential term.
Sec. 1. The Vice-President who assumes the presidency
for three years of the presidential term, cannot be elected
president for the next term.
Sec. 2. The president will lay aside the exercise of his
functions without fail upon the same day upon which his
presidential term expires, the president-elect to succeed him
immediately. Sec. 3. Should the latter be unable to serve or fail to
appear, substitution must be made under the terms of the
preceding article, Sections 1 and 2.
Sec. 4. The first presidential term will expire on Novem
ber 15, 1896.
Art. 41. Upon assuming office the President will pronounce
in the public session, before the supreme federal tribunal, this
affirmation :
" I promise to maintain and execute with perfect loyalty the
federal constitution, to promote the welfare of the Republic, to
observe its laws, to sustain its union, integrity and independ
ence." I?
Art. 42. The President and Vice-President cannot leave
'? The oath required of the emperor was : " I swear to uphold the Roman Catholic
Apostolic religion and the integrity and indivisibility of the empire, to mainlain and to
cause to be maintained the political constitution of the Brazilian Nation, and all other
laws of the empire, and to provide as far as in me lies, for the general welfare of
Brazil." Pol. Const, of the Empire of Brazil, Art. 103.

74 THE CONSTITUTION OF
the national territory without the permission of congress, under
penalty of losing office.
Art. 43. The President and Vice-President will receive
salaries fixed by congress in the preceding presidential term.18
CHAPTER II.  OF THE ELECTION OF PRESIDENT AND
VICE-PRESIDENT.
Art. 44. The President and Vice-President will be chosen
by the people by indirect election, for which purpose each state,
as well as the federal district, will constitute a district with
special electors, double in number that of the respective repre
sentation in congress.
Sec. 1. Beyond those specified in Art. 26, citizens who
may occupy salaried offices, of legislative, administrative,
judicial or military character, under the government of the
Union, or those of the states, cannot be special electors.
Sec. 2. This election will be held on the ist day of
March of the last year of the presidential term.
Art. 45. On the ist day of May following, the election of
President and Vice-President will be held throughout the
Republic. Sec. 1. The electors of each state, as well as those of the
federal district, will form a college, to meet together at the
18 There are some interesting provisions regarding the imperial succession which it
is appropriate to notice in this connection. The constitution declared Dom Pedro I.
to be emperor, and his legitimate descendants to succeed him. The right of primo
geniture was recognized, and in the same degree of kindred the preference was given
to the male heirs. If the line were to die out, the general assembly were to name a
new dynasty, with the condition that no foreigner could succeed to the throne. The
emperor was considered a minor until he was twenty-eight years old ; during his
minority a regent ruled for him. This regent must be the nearest relative to the
emperor in order of succession and must be twenty-five years old. If such a relative
was not to be found, a regency was appointed by the general assembly, composed of
three members. If at any time the emperor was incapable of exercising his office,
the prince imperial was to govern for him, providing he was over twenty-eight years of
age. If the heir presumptive to the throne was a woman, she could not marry without
the consent of the emperor, or in case he was deceased, of the general assembly. Her
husband was prohibited from taking part in the government, and could not enjoy the title
of emperor until he had descendants by the empress. The allowances for the several
members of the royal family were fixed by law. Pol. Const, of the Empire of Brazil,
Arts. 105-130.

THE UNITED STATES OF BRAZIL. 75
place which, with due notice, may be appointed by the
respective governments.
Sec. 2. Each elector will vote by separate ballots for
the president and for the vice-president. The candidates must
be citizens, and one at least must be a native of another state.
Sec. 3. The votes being cast, two lists shall be made,
containing the names of all candidates for the presidency and
vice-presidency respectively. There shall be three copies of
each list.
Sec. 4. The contents of these lists shall be made public
immediately through the press. Two lists (one of each
kind) shall be sent to the governor of the state, to be pre
served in the state archives ; in the federal district they shall
be sent to the president of the municipality. Two lists shall
be sent to the president of the senate, and the two remaining
lists shall be sealed and preserved in the national archives.
Sec. 5. The two chambers being met in general assem
bly, the president of the senate presiding, he will open in
their presence the two lists, and shall declare president and
vice-president of the United States of Brazil the two citizens
who in each list have received the absolute majority of votes.
Sec. 6. Should no one obtain this majority, congress will
elect a President and Vice-President, by absolute majority,
voting by call of names from among the three receiving
the greatest number of votes in each one of the lists.
Sec. 7. In this election each state, as well as the federal
district, shall have one vote ; and this shall be given to that
one of the three candidates who, in the respective represen
tation in congress, shall receive a relative majority of votes.
Sec. 8. For this purpose the representatives of each
state as well as those of the federal district, will vote by
separate groups.
Art. 46. The general assembly for the verification of the
"election of President and Vice-President of the Republic will
not be considered constituted unless there be present at least
two-thirds of the members.
Sec. 1. The formality determined for this purpose by the

76 THE CONSTITUTION OF
two preceding articles will commence and terminate at the
same session.
Sec. 2. The roll of the members of congress being called,
those present will not be permitted to withdraw from the
house ; for which purpose suitable measures shall be taken.
Sec. 3. No member present can abstain from voting.
CHAPTER III.  OF THE ATTRIBUTES OF THE EXECUTIVE POWER.
Art. 47. It pertains exclusively to the President of the
Republic —
1 ) To sanction, promulgate and make public the laws and
resolutions of congress ; to issue decrees, instructions
and regulations for their faithful execution.
[2) To nominate and dismiss at pleasure the ministers of
state.
3) To exercise the supreme command of the land and naval
forces of the United States of Brazil, as well as those
of the local police, when called to arms in defence,
external or internal, of the Union.
[4) To direct and distribute, under the laws of congress,
according to the needs of the national government, the
land and naval forces.
5) To appoint to civil and military offices of a federal
character, with the exception of the restrictions
expressed in the constitution.
(6) To pardon and commute penalties for crimes subject to
federal jurisdiction, except in the cases referred to in
Art. 33, No. 30; and Art. 51, Sec: 2.
[7) To declare war and make peace under the conditions
of Art. 33, No. 12.
^8) To declare war immediately in cases of invasion or of
foreign aggression.
^9) To report annually upon the condition of the country
to the national congress, recommending to it meas
ures and urgent reforms, in a message which he will
send to the secretary of the senate upon the opening
day of the legislative session.

THE UNITED STATES OF BRAZIL. 7 ^
(10) To convoke congress for extraordinary sessions, and
to prorogue its ordinary sessions.
( 1 1 ) To nominate federal magistrates.
(12) To nominate the members of the supreme federal
tribunal and diplomatic ministers, with the approval of
the senate ; it being permitted, in the absence of con
gress, to appoint them temporarily until the decision of
the senate is pronounced.
(13) To nominate all other members of the diplomatic
corps and the consular agents.
(14) To maintain relations with foreign states.
(15) To declare, by himself or his responsible agents, mar
tial law in any locality of the national territory, in
case of foreign aggression or serious internal dis
turbance (Arts. 77 and 33, No. 22).
(16) To open international negotiations, to make agree
ments, conventions and treaties, with the consent of
congress ; and to approve those made by the states, in
conformity with Art. 64, submitting them, when neces
sary, to the authority of congress.19
CHAPTER IV.  OF THE MINISTERS OF STATE.
Art. 48. The President of the Republic is assisted by the
ministers of state, agents of his confidence, who will sign their
acts, and preside each at one of the departments into which
which the federal administration shall be divided.20
19 The powers of the emperor were more extensive than those accorded
to the President. Besides possessing all the powers vested in the republican executive
he could nominate senators from the triple lists ; approve or negative the resolutions
of the provincial councils, dissolve the Chamber of Deputies ; remove as well as
appoint judges ; convoke the regular meeting of the new general assembly ; appoint
bishops and confer ecclesiastical benefices ; remove as well as appoint all naval and
military officers ; enter into offensive and defensive alliances, reporting afterwards to
Congress • declare war and make peace, reporting afterwards to Congress ; grant
papers of naturalization ; grant titles, honors, and military orders. Pol. Const, of the
Empire of Brazil; Art. 101, Clauses I, 4, 5, and 7; Art. 102 Clauses 1, 2, 5, 8, 9, 10
and II.
20 Under the empire the number, office and times of meeting of the ministers of
state were provided for by law. They confirmed or rejected the acts of the emperor,
without which no act could be executed. Pol. Const, of Brazil, Arts. 131, 132.

7» THE CONSTITUTION OF
Art. 49. The ministers of state cannot receive other employ
ment or public functions, or be elected President or Vice-
President of the Union.
Art. 50. The ministers of state cannot appear at the sessions
of congress, and will communicate with it solely in writing, or
personally in conferences with the committees of the chambers.
The annual reports of the ministers will be addressed to the
President of the Republic and by him communicated to con
gress.21 Art. 51. The ministers of state are not responsible to con
gress or to the supreme federal tribunal, for advice given the
President of the Republic, except when such advice involves com
plicity with him in impeachable offences defined by the penal
laws. Sec. 1. They are responsible, however, for such acts as
are held criminal by law.
Sec. 2. In impeachable crimes they will be prosecuted
and judged by the supreme federal tribunal, and in those of
complicity with the President of the Republic, by the
authorities competent to judge the latter.22
21 By the provisions of the imperial constitution, the ministers could take part in the
discussion of a bill after it had been reported upon by the committee in the chamber
of deputies, but they had to withdraw when a vote was taken. Pol. Const, of the
Empire of Brazil, Art. 54.
22 Under the empire the crimes for which a minister of state could be impeached
were : treason, bribery or collusion, abuse of power, insubordination to law, acts
against the liberty, security and property of citizens, misappropriation of public funds.
The chamber of deputies had the exclusive right to impeach ministers of state, and
they were tried by the senate. No foreigner, even if naturalized, could be a minister
of state. Pol. Const, of the Empire of Brazil, Arts. 33, 38, 47 and 136.
The imperial constitution provided also for a council of state. The original pro
vision was suppressed Aug. 12, 1834 ; but by the law of Nov. 23, 1841, a council of state
was again created. According to this act the council of state was composed of
twelve members, and as many substitutes, who met together with the ministers of
state, the emperor presiding. The duties of this council were connected especially
with the moderative power of the emperor. He was obliged to consult them and
listen to their advice regarding declaration of war, negotiations with foreign powers,
conflicts of jurisdiction between administrative powers, and between these and judicial
powers, and abuses of ecclesiastical power.

THE UNITED STATES OF BRAZIL. 79
CHAPTER V.  OF THE IMPEACHMENT OF THE PRESIDENT.^
Art. 52. The President of the United States of Brazil shall
be liable to trial and judgment, after the chamber shall declare
the indictment valid, before the supreme federal tribunal in case
of common crimes, and before the senate in case of impeach
ment. Art. 53. For the President of the Republic impeachable
crimes are those which attack :
(1) The political existence of the Union.
(2) The constitution and the form of the federal govern
ment.
(3) The free exercise of political powers.
(4) The enjoyment and legal exercise of political or indi
vidual rights.
(5) The internal safety of the country.
(6) The integrity of the administration.
(7) The guardianship and constitutional employment of
the public moneys.
Sec. 1. These offences will be defined in a special law.
Sec. 2. A second law will regulate the indictment, trial
and judgment.
Sec. 3. Both of these laws shall be enacted in the first
session of the first congress.
SECTION III.— OF THE JUDICIAL POWER.
Art. 54. The judicial power of the Union will have as
organs a supreme federal tribunal, seated at the capital of the
Republic, and as many federal judges and tribunals distributed
throughout the country as congress shall create.
Art. 55. The supreme federal tribunal will be composed
of fifteen judges appointed under the conditions of Art. 47, No.
1 1 , from among the thirty senior federal judges and from citi
zens of notable wisdom and reputation, eligible to the senate.
*3 The emperor could not be impeached, as his person was held inviolable and
sacred and he was not held responsible. But if for physical or moral causes he was
rendered incapable of governing, and the majority of the general assembly so decreed,
he could be removed and the prince imperial, if over twenty-eight years of age.
reigned in his stead. Pol. Const, of the Empire of Brazil, Arts. 99 and 126.

80 THE CONSTITUTION OF
Art. 56. The federal judges shall hold office for life, the
position being forfeited only through judicial sentence.
Sec. 1. Their salaries shall be determined by a law of
congress, which cannot reduce them.
Sec. 2. The senate shall judge the members of the
supreme federal tribunal, and the latter the lower federal
judges. Art. 57. The federal tribunals will elect their presidents
from their own membership, and will organize their respective
clerical corps.
Sec. 1. In these offices, the appointment and dismissal of
the respective employees, as well as the filling of the judicial
offices in their respective judicial districts belong to the
presidents of the said tribunals.
Sec. 2. The President of the Republic will designate from
among the members of the supreme federal tribunal the
attorney-general of the Republic, whose duties will be
defined by law.24
Art. 58. To the supreme federal tribunal pertains :
I. To try and judge with original and exclusive jurisdiction :
a) The President of the Republic in case of common
crimes, and the ministers of state under the conditions of
Art. 51.
b) Diplomatic ministers in common crimes and in those of
impeachment.
24 The structure of the imperial judiciary was somewhat different. The constitu
tion stated that the judicial power was independent, and was vested in judges and
juries. It provided for a high court of justice to be composed of learned judges
appointed for life from the courts of chancery in order of age. This court was estab
lished in the capital of the empire. It further provided that courts of chancery
should be established in the provinces. These courts of chancery derived their name
from the old Spanish courts of chancery which were replaced by the audiencias under
the constitution of 1812. They were the courts of record and final resort in the
provinces. In civil cases the parties were permitted to appoint arbitrating judges
whose decisions were to be final. It was also decreed that no process whatever could
be instituted unless conciliation had first been attempted ; for this purpose there were
justices of the peace elected in the same manner as were the members of the cabildos
[This was determined by an organic law]. Pol. Const, of the Empire of Brazil,
Arts. 151, 63, 153, 158, 160, 161 and 162.

THE UNITED STATES OF BRAZIL. 8 1
c) Suits between the Union and the states, or between
states.
d) Litigations and reclamations between foreign nations
and the Union, or the states.
e) Conflicts of federal judges or tribunals among them
selves, or between these and those of the states.
II. To try, on appeal, cases decided by the federal tribunal and
judges, as well as those treated of in the present article,
Sec. i, and in Art. 60.
III. To review decided processes, under the terms of Art. 78 :
Sec. 1. From sentences of the superior courts of the
states there will be appeal to the supreme federal tribunal ;
a) When there is in dispute the validity or application of
federal treaties and laws, and the decision of the state tri
bunal shall be contrary thereto.
b) When the validity of laws or acts of state governments
is contested under the constitution or under federal laws,
and the decision of the state tribunal shall consider valid
the contested acts or laws.
Sec. 2. In cases in which state laws are to be applied, the
federal court will observe the procedure of local tribu
nals ; and vice versa, state courts will observe the practice
of federal tribunals when called upon to interpret laws of
the Union.2*
Art. 59. The federal judges and tribunals are empowered
to decide :
a) Cases wherein either of the parties bases the complaint
or the defence, upon a construction of the federal con
stitution.
b) Litigations between one state and the citizens of others, or
between citizens of different states, under different laws.
2S The jurisdiction of the imperial courts was not so closely defined. It belonged
to the high court of justice to grant or deny new trials "in such cases and according
to the form determined by law." It had original and exclusive jurisdiction in the case
of official or unofficial crimes committed by its members, by officers of the courts of
chancery, by officers of the diplomatic corps and by the president of the provinces.
Also in investigation and decision of questions of jurisdiction and competency in the
provincial courts of chancery. Pol. Const, of the Empire of Brazil, Art. 164.

82 THE CONSTITUTION OF
c) Suits between foreign states and Brazilian citizens.
d) Suits brought by foreigners and based on contracts with
the government of the Union, or upon conventions and
treaties by the Union with other nations.
e) Questions of maritime and navigation law, both as to
the high seas and to the rivers and lakes of the country.
f) Questions of international, civil and common law.
g) Political crimes.
Sec. I. It is forbidden to congress to commit any
federal jurisdiction to the state tribunals.
Sec. 2. Sentences and orders of federal magistrates will
be executed by judicial officers of the Union, to whom, upon
their requisition, the local police is obliged to render
assistance. Art. 60. Decisions of state judges or tribunals in cases to
them pertaining, will be decisive in processes and suits, except
as to ( I ) Habeas corpus, or
(2) Effects of a foreigner deceased in cases not provided
for by convention or treaty.
In such cases there will be an optional appeal to the supreme
federal tribunal.
Art. 61. State courts may not intervene in questions sub
mitted to the federal tribunals, or annul, amend or suspend their
sentences or orders. TITLE II.— OF THE STATES.
Art. 62. Each state will be governed by the constitution
and laws by it adopted, provided that the organization must be
under the republican form of government, must not be opposed
to the constitutional principles of the Union, must respect the
rights secured by this Constitution, and must observe the follow
ing rules :
( 1 ) The executive, legislative and judicial authorities shall
be separate and independent.
(2) The governors and members of the local legislature
shall be elective.

THE UNITED STATES OF BRAZIL. 83
(3) The judiciary shall not be elective.
(4) Judges may be dismissed from office only by sentence.
(5) Education will be secular and free in all grades, and
gratuitous in the primary grade.26
Art. 63. A law of the National Congress will divide among
the states a certain quantity of public lands, surveyed at their
expense outside the zone of the frontiers of the Republic, with
the condition of settling and colonizing them within a deter
mined period, with reversion to the Union of the ceded land
where this provision is not complied with.
The states may transfer these lands by any legal title, condi-
ditional or gratuitous, to individuals or associations which may
propose to settle and colonize them.
Art. 64. It is permitted to the states ;
(1) To make among themselves agreements and conven
tions of a non-political character. (Art. 47, No. 16).
(2) In general, all and every power, and right, which shall
not be forbidden to them by an express prohibition of
the constitution, or which shall be implicitly con
tained within the political organization by it estab
lished.27
26 Chapter V. of Title IV. of the imperial constitution which referred to the provin
cial organization was amended Aug. 12, 1834. By its very minute and ample provi
sions the autonomy of the provinces was very much more limited than it is under the
republican constitution. The governors, or presidents, as they were called, of the
provinces were appointed by the emperor, and removed when the interests of the
state demanded. The legislative power of a province was vested in a legislative
assembly, the number of whose members was fixed in the constitution, e. g., Pernam-
buco, Bahia, Rio Janeiro, Minas, Sao Paolo had thirty-six, Para had twenty-eight, etc.
The legislative assembly of any province had the right to petition to the national
legislative power for the privilege of organizing a second chamber. The legislative
assemblies were renewed every two years, the members being elected in the same
way as the deputies to the national legislature. The legislative assemblies were
granted the privilege of electing their own officers, and conducting their own affairs.
They met annually for sessions of two months, the president of the province having
the power to prorogue the assembly when he deemed it expedient. Pol. Const, of the
Empire of Brazil; Law of the constitutional reforms of 1834.
=7 It was permitted the states, by the imperial constitution, to legislate regarding
the civil, jndicial and ecclesiastical division of the province, public instruction, provin
cial public works, navigation commerce, etc. There are twenty articles specifying the
particular subjects pertaining to provincial legislation, all of which are of a particular

84 THE CONSTITUTION OF
Art. 65. It is forbidden to the states :
(1) To refuse recognition to public documents of legisla
tive, administrative, or judicial nature, of the Union
or any of the states.
(2) To reject the money or bank issues in circulation by
act of the federal government.
(3) To make or declare war one on the other, or to employ
reprisals.
(4) To withhold the extradition of criminals demanded by
courts of other states, or of the Federal District,
according to the laws of Congress, by which this matter
is governed (Art. 33, No. 35).
Art. 66. Excepting the restrictions specified in the constitu
tion, and the rights of the respective municipality, the Federal
District is directly governed by the federal authorities and
exclusively subject to the tribunals of the Union.28
The Federal District will be organized by law of congress.
TITLE III.— -OF THE MUNICIPALITY.
Art. 67. The states will be organized by their own laws,
with respect to municipal government, upon the following basis :
(1) Autonomy of the municipality, in every respect, so far
as regards their peculiar interests.
(2) Election of the local administration.
A law of congress will organize the municipality in the
Federal District.
local character. Specific directions are also given for the enactment of provincia.
laws. If the president of the province vetoed any bill which the legislative assembly
had passed by a two-thirds vote, the bill could be sent to the national assembly for
approval. If the national assembly was not in session at the time, it could be sent to
the emperor, who had the power to order that it be executed provisionally until the
national assembly should convene. Amendment of Aug. 12, 1834, to the Pol. Const.
of the Empire of Brazil, Arts. 10, 11 and 14.
28 Under the imperial constitution the provincial assemblies were forbidden to
legislate regarding the general affairs of the nation ; regarding conventions of one
province with another ; concerning taxes, the initiative of which lay with the chamber
of deputies ; concerning the execution of laws, retaining the right, nevertheless, of
sending reasonable resolutions simultaneously to the general assembly and the execu
tive power. Pol. Const, of the Empire of Brazil, Art. 83.

THE UNITED STATES OF BRAZIL. 85
Art. 68. In municipal elections, resident foreigners will be
electors, and eligible to office, in accordance with the conditions
of a law to be prescribed by each state.29
TITLE IV.— OF BRAZILIAN CITIZENS.
SECTION I.— OF THE QUALIFICATIONS OF THE BRAZILIAN
CITIZEN.
Art. 69. The following are Brazilian citizens :
( 1 ) Those born in Brazil, even of a foreign father, he not
being a resident in the service of his country.
(2) Son of a Brazilian father, and the illegitimate sons of a
Brazilian mother, born in a foreign country, who shall
become domiciled within the Republic.
(3) Sons of a Brazilian father who shall be in another
country in the service of the Republic, notwithstanding
they do not become domiciled.
(4) Foreigners who were present in Brazil on November 15,
1889, and shall not declare within six months after the
Constitution shall become effective, their determination
to preserve their original nationality.
(5) Foreigners holding real estate in Brazil, and married
with Brazilian women, or having Brazilian sons, except
they declare before the proper authority their intention
to retain their nationality ;
(6) Foreigners naturalized in whatsoever other manner.
Naturalization laws pertain exclusively to the federal legisla
tive power.30
29 The only provisions relating to municipal government under the empire were for
the establishment of cabildos in every city or town which should be founded in the
empire. These cabildos were the town council, consisting of members elected by the
people. An organic law determined all things relating to municipal functions. Pol.
Const, of the Empire of Brazil, Arts. 167, 168 and 169.
3° The qualifications for Brazilian citizens set forth in the imperial constitution were
virtually the same. Instead of the provision in clause 4 of the republican constitution,
it stated that all natives of Portugal, or any of her possessions, who were residing in
Brazil at the time when the provinces declared their independence, and who adhered to
her, should have the rights of Brazilian citizenship. Pol. Const, of the Empire of
Brazil, Art. 6, clause 4.

86 THE CONSTITUTION OF
Art. 70. Citizens oi 21 years of age are electors, who are
registered in the terms of the law.
Sec. 1. The following can not be registered as electors
for federal or for state elections :
( 1 ) Paupers.
(2) Illiterate persons.
(3) Enlisted men, excepting the students of the military
school of higher instruction.
(4) Members of monastical orders [religiosos), companies,
congregations, or communities of whatsover denomina
tion, subject to vows of obedience, rule or statute,
which involves the renunciation of individual liberty.
Sec. 2. Elections for federal offices shall be regulated by
law of Congress.
Sec. 3. Citizens not registered are ineligible.31
Art. 71. The rights of Brazilian citizenship may only be
suspended or lost in the cases herein set forth :
Sec. 1. These rights are suspended :
a) By physical or moral incapacity.
b) By criminal conviction as long as this may remain in
effect.
Sec. 2. They are lost :
a) By naturalization in a foreign country.
31 Under the imperial constitution the voters in the primary elections [see note up.
66] were " Brazilian citizens enjoying political rights," and all naturalized foreigners.
Art. 91.
Those excluded from voting in the primary elections were :
I. All under 25 years of age, except married men, military officials of over 21
years of age, bachelors of arts, and clergy of the higher orders ;
2. Sons of families who reside with their parents unless they are engaged in the
public profession ;
3. Menials and servants, except book-keepers, chief clerks in commercial houses,
foremen of haciendas and factories ;
4. Members of monastical orders and all those who live in claustral communities ;
5. All those who have not an annual rent of $60.00.
All those qualified to vote in the primary elections were also eligible as electors
for deputies, senators, and members of the provincial assemblies, with some
additional qualifications. All voters in these elections must have a clear income
of S120.00, they must not be defendants in suits of law, and they cannot be
freedmen. Pol. Const, of the Empire of Brazil, Art. 92 and 94.

THE UNITED STATES OF BRAZIL. 87
b) By the acceptance of foreign employment, pension,
decoration or title without permission from the
federal executive powers.
c) By judicial banishment.
Sec. 3. A federal law will provide the conditions for re
acquiring the rights of a Brazilian citizen.
SECTION II.— DECLARATION OF RIGHTS.
Art. 72. The constitution assures to Brazilians and
foreigners resident in the country, inviolabilty of rights rela
tive to liberty, to individual safety, and to property under the
following terms :
Sec. 1. No one can be obliged to do, or to leave undone,
anything whatever except by virtue of the law.
Sec. 2. All are equal before the law. The Republic does
not admit privileges of birth, disregards rights of nobility,
does not create titles of rank, nor decorations.32
Sec. 3. All individuals and religious denominations may
publicly and freely exercise their worship, associating them
selves for this purpose, and acquiring property within the
limits prescribed by the law of mortmain?*
Sec. 4. The Republic only recognizes civil marriage,
which will always precede the religious ceremonies of what
ever faith.
Sec. 5. Cemeteries shall be secular in character and
administered by municipal authority.
Sec. 6. Instructions furnished by public institutions shall
be secular. Sec. 7. No denomination or church shall enjoy official
aid, or hold relations of dependence or alliance with the
government of the Union, or that of the States.
Sec. 8. The society of Jesuits is excluded from the
32 The latter part of this clause was not in the imperial constitution, as a matter of
course. 33 Art. 5 of the imperial constitution establishes the Roman Catholic Apostolic
faith as the religion of the empire ; but it also provides that all other creeds shall be
permitted to exercise their religion in houses designated for the purpose, but without
any exterior churchly form.

88 THE CONSTITUTION OF
country, and the founding of new convents or monastic
orders is prohibited.34
Sec. 9. To all it is permitted to associate and unite
together freely and without arms ; the police cannot interfere
except to maintain public order.
Sec. 10. It is permitted to everyone, whosoever it may
be, to represent by means of petitions to the public authori
ties, to denounce to the authorities abuses, and to procure
the indictment of culprits.
Sec. 11. In time of peace anyone may enter and leave
the territory of the Republic with his fortune and property
when and how he may choose independently of passport.
Sec. 12. The house is an inviolable asylum to the
-individual; no one may enter therein at night, without the
consent of the dweller, except to succor victims of crimes
and disasters, or during the day, except in the cases and in
the manner by law prescribed.
Sec. 13. The expression of opinion is free on any sub
ject, by the press or from the tribune, without subjection
to censorship, each one being responsible for abuses in the
cases and in the manner which the law shall prescribe.
Sec. 14. Flagrante delicto excepted, an arrest cannot be
executed without a written order from the proper authority.
Sec. 15. No one may be detained in prison without
specified charges save under the exceptions by law estab
lished, or imprisoned or detained therein, should he furnish
satisfactory bail in cases where such is lawful.
Sec. 16 No one may be condemned except by the
proper authority under an anterior law, and in the form
prescribed by it.
Sec. 17. To the accused there will be secured by the law
the fullest defence, with all resources and means essential
thereto, beginning with the allegation of the crime [nota de
34 Clauses 4, 5, 6, 7 and 8, referring to questions connected with religion, are
peculiar to the republican constitution. These, together with clauses 21 and 22, which
follow, are the only ones in this section which differ from the rights granted to the
Brazilian citizen under the empire.

THE UNITED STATES OF BRAZIL. 89
culpa), delivered in twenty-four hours to the prisoner, and
signed by the authority, with the names of the plaintiff and
witnesses. Sec. 18. The right of property is maintained in all its
plenitude, excepting disappropriation for necessity or public
utility with previous indemnification.
Sec. 19. The seal of correspondence is inviolable.
Sec. 20. No penalty shall extend beyond the person of
the delinquent.
Sec. 21. The punishment of the galleys is abolished.
Sec. 22. The death penalty for political crimes is also
abolished. Sec. 23. Habeas corpus will be granted whenever the
individual may suffer violence or compulsion, through
illegality or abuse of authority, or shall feel himself
threatened by the evident imminence of this danger.
Sec. 24. With the exception of matters which from their
nature pertain to special courts, there will be no privileged
jurisdiction. Art. 73. Public employment, civil and military, is open to
all Brazilians, the conditions of special capacity prescribed by
law being observed.
Art. 74. The officers of the army and navy will lose their
commissions only by sentence passed in case of offences to which
this penalty is attached.
Art. 75. The enumeration of the rights and guarantees
expressed in the constitution does not exclude other guarantees
and rights not enumerated, but which result from the form of
government by it established and the principles contained therein.
TITLE V.— GENERAL PROVISIONS.
Art. 76. The citizen invested with functions in any one of
the three departments cannot exercise those of another.
Art. 77. Any part of the territory of the Union may be
declared under martial law, suspending therein the constitutional
guarantees for a specified time, whenever the security of the

9° THE CONSTITUTION OF
Republic demands this, in cases of foreign aggression or domestic
violence (Art. 33, No. 22).
Sec. 1. Congress not being in session, and danger being
imminent to the country, the federal executive power will
exercise this attribute. (Art. 47, No. 15).
Sec. 2. During the period of martial law recourse to
this will be restricted to measures of repression against
persons :
(1) To detention in places not destined for common
criminals.
(2) To banishment to other places in the national territory.
Sec. 3. Immediately upon the meeting of congress, the
President of the Republic will report to it, with reasons, the
exceptional measures to which he has resorted, the officers
concerned being responsible for any abuse in the exercise
of such extraordinary power.
Art. 78. Criminal proceedings decided may be revised at
any time in the interests of the convicts by the supreme federal
tribunal, to amend or confirm the sentence.
Sec. 1. The law will prescribe the cases and the form of
the revision which may be required by the convict, by any
one of the people, or ex-officio by the Attorney-General of the
Republic. Sec. 2. In the revision the penalties in the case reviewed
cannot be increased.
Art. 79. Public functionaries are strictly responsible for
abuses and omissions incurred in the exercise of their offices, as
well as for indulgence or negligence in not effectively holding
their subordinates responsible.
All officers will be bound by a formal engagement in the act of
taking possession, for the fulfillment of their legal duties.
Art. 80. The laws of the former regime, while not revoked,
will continue in vigor in what may not explicitly or by implica
tion be contrary to the system of government established by this
constitution, and to the principles therein consecrated.
Art. 81. The federal government guarantees the payment
of the public, domestic and foreign debt.

THE UNITED STATES OF BRAZIL. 91
Art. 82. Every Brazilian is bound to military service in
defence of the country and the constitution, in accordance with
the federal laws.
Art. 83. Military recruiting is abolished. The national
army and navy will be formed by conscription, through a previ
ous enrollment in which pecuniary exemption will not be
admitted. Art. 84. In no case directly or indirectly, alone or in
alliance with another nation, will the United States of Brazil
engage in a war of conquest.
Art. 85. The constitution may be amended through the
initiative of the National Congress or of the legislatures of the
states. Sec. 1 . A proposal of amendment will be considered when
presented by at least a fourth part of the members of either
of the chambers of the federal congress, and shall be passed
in three discussions by a two-thirds vote of one and the
other house of congress, or when it shall be requested by
two-thirds of the states, each one represented by a majority
of votes in the legislature, taken within the period of one
year. Sec. 2. This proposal will be considered approved if in
the following year it shall be passed in the three discussions
by a majority of three-fourths of the votes in the two
chambers of congress.
Sec. 3. The proposal approved will be published with
the signatures of the president and secretaries of the two
chambers, becoming incorporated in the Constitution as an
integral part thereto.
Sec. 4. Bills tending to abolish the republican federative
form of government, or the equality of representation in the
senate, will not be admitted as subjects of deliberation in
congress.35
35 The imperial constitution provided that no amendment could be proposed until
four years after its adoption. It could then be amended through the initiative of the
chamber of deputies. Any proposition of amendment had to be made in writing
and sustained by one-third of the members. The proposed amendment had to be
read three times with an interval of six days between the successive readings. The

92 THE CONSTITUTION OF
TEMPORARY PROVISIONS.
Article i . Both of the Chambers of the first National Con
gress convoked for November 15, 1890, will be elected by direct
popular election, according to the regulations decreed by the
Provisional Government.
Section 1. This congress shall receive from the electoral
body special powers to express the will of the nation upon
this constitution, as well as to elect the first President and
Vice-President of the Republic.
Sec. 2. When the first congress is assembled it will delib
erate, in general assembly, the two chambers united, on
this constitution, and, it being approved, it will proceed to
elect, by an absolute majority of votes on the first ballot, and,
if no one should receive this, by a relative majority (plural
ity) in the second, the President and Vice-President of the
United States of Brazil.
Sec. 3. The President and Vice-President elected in
accordance with the terms of the article, will occupy the
presidency and vice-presidency of the Republic for the first
presidential term.
Sec. 4. For this election there will be no disqualifica
tions. Sec. 5. This concluded, congress will consider its con
stituent mission terminated, and dividing into senate and
chamber, will enter upon the exercise of its normal functions.
Sec. 6. For election to the first congress the disqualifica
tions under the constitution, Art. 25, Nos. 2 to 7, will not be
in force ; but those excluded under this provision, once
elected, will lose their offices, unless they declare their choice
for the same as soon as they are recognized senators or
deputies.
chamber then decided whether the bill should be admitted to discussion or not. If the
necessity for constitutional reform was acknowledged by the chamber, and also by the
senate, the emperor would then promulgate a law in the usual way, in which it was
ordained that the electors of deputies to the following legislature should confer upon
them special powers for effecting the proposed change. ' In the first session of the new
legislature the amendment was discussed and passed upon in the usual way. Pol.
Const, of the Empire of Brazil, Arts. 174, 175, 176, 177 and 178.

THE UNITED STATES OF BRAZIL 93
Art. 2. The acts of the provisional government, so far as
they are not contrary to the constitution, shall be laws of the
Republic until repealed by congress.
The commissions, posts and permanent appointments, con
cessions and contracts granted by the provisional government
are guaranteed in all their plenitude.
Art. 3. The state which up to the end of 1892 shall not
have made its constitution, will be subject, by act of the federal
legislative power, to that of one of the others, which may
appear most suitable for this purpose, until the state under this
constitution shall amend it by the process in it prescribed.
Art. 4. In proportion as the states organize, the federal
government will deliver to them the administration of the
services which pertains to them under the constitution, and will
then be released from responsibility for these services and for
the payment of the respective staffs.
Art. 5. While the states are occupied in regulating expenses
during the period of the organization of their services, the federal
government, for this purpose, will grant to them special credits
under conditions fixed by congress.
Art. 6. Within two years from the approval of the constitu
tion by the first congress, the classification of revenue therein
established shall become effective.
Art. 7. In the first appointments to the federal judgeships of
the first and second instance, the president of the Republic will
admit, as far as convenient to the proper selection of those
tribunals and courts, the more important district and appellate
judges [juizes de direito e desembargadores) .
Art. 8. In the first organization of their respective courts
the states will give preference, as far as the interest of the pub
lic service may permit, to the present judges of the first and
second instance [juizes de primeira e segunda instancia) .
Art. 9. The members of the supreme tribunal of justice
not appointed to the supreme federal tribunal will be retired with
full salary.
Art. 10. The disembargadores and juizes de dereito, who may

94 THE CONSTITUTION OF
under the new judiciary organization lose their positions, will
receive their present salaries as long as they may be unemployed.
Art. ii. While the states are not constituted, the expenditure
of the present magistracy will be for account of the federal
treasury, but it will gradually be classified in proportion to the
organization of the respective tribunals.
Art. 12. While the laws regulating military conscription
are not perfectly organized, volunteers will be received in the
land and naval forces.
We therefore order all authorities to whom the knowledge
and execution of this decree pertains, to execute it, and to have
it fully and exactly executed and observed.
The Minister of State for the Affairs of the Interior will
have it printed, published, and made current.
Assembly-Room of the Provisional Government of the United
States of Brazil, June 22, 1890, second of the Republic.
Manoel Deodoro da Fonseca.
Ruy Barbosa.
Benjamin Constant Botelho de Magalhaes.
Eduardo Wandenkolk
Floriano Peixoto.
Q. Bocayuva.
M. Ferraz de Campos Salles.
Jose Cesario de Faria Alvim
Francisco Glycerio.

THE UNITED STATES OF BRAZIL.

BIBLIOGRAPHY.
Arosemena ; Constituciones Politicas.
Beauchamp ; Histoire, du Brasil.
Consular Reports, U. S.
D'Araujo ; L'idee Republicaine au Bresil.
Dictionaire de l'Economie.
Escriche : Diccionario de Legislacion.
London Times.
Southey ; History of Brazil. I
Winsor ; Critical and Narrative History.

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