which it appeared to consecrate, ill adapted to conciliate and to main tain the rights and interests of the various classes of the state, and incapable of uniting the minds of all the citizens, I judged it necessary to yield to the general and spontaneous wishes of the nation, convinced by melancholy experience of the sinister intentions of the disorganizing faction, and to declare the constitution void de jure, as it had already been found impracticable and absurd. "In conformity, therefore, with the dearest wishes of my royal heart, and with the sincere promises which I made in my proclamations and declarations, effectually to promote the happiness of my subjects, by means of institutions, which, on the one hand may restore to the throne on which Divine Providence has placed me, the grandeur and consideration which become it; and, on the other hand, secure to the Portuguese the solidity and duration of the individual right; and considering that the ancient fundamental law of the monarchy cannot now, as it formerly did, fully answer the ends which I have conceived in my paternal mind, unless it be accommodated to the actual state of civilization, to the relations of the various parts of which the Portuguese monarchy is composed, and to the forms of the representative governments established in Europe, I have thought fit to appoint a Junta to prepare the plan of a fundamental law of the Portuguese monarchy, trusting that the said Junta will apply with the most assiduous and sincere attention to fulfil the important task which I have intrusted to them, and will, with the least possible delay, submit to my royal approbation the new fundamental law, which, regulated by the sound principles of public law, may establish in perfect harmony the exercise of the supreme power, and the permanent legal security of the people, opening the roads which may conduct the public administration, by progressive amelioration, to that degree of perfec tion which is compatible with human institutions, and fix at once the future destinies and the prosperity of the Portuguese monarchy. The said junta shall be composed of 14 members, named in the subjoined list, signed Manuel Ignacio Martin Pamplona, Costa Real, member of my council, and preceded by the Conde de Palmella, minister of state for foreign affairs-Palace of Bemposta, June 18." Signed by HIS MAJESTY. MANIFESTO of the EMPEROR of BRAZIL, to the BRAZILIANS, after he had dissolved the CONGRESS. Providence, which watches over the stability and preservation of nations, has in its profound wisdom permitted, that this empire should, after the confirmation of its independence, and the union of all its provinces, even those most remote, continue to advance in the career of consolidation and prosperity. The constituent and legislative assembly laboured with assiduity, discernment, and activity, to form a constitution calculated firmly to plant the constitutional system, and cause it to take deep root in this extensive empire. On this immoveable foundation, the construction of the social edifice was steadily proceeding, and such was the opinion entertained by foreigners of the Brazilian nation, that the principal powers of Europe would soon have recognized the independence of the empire, and would even have been ambitious of contracting political and commercial relations with us. This brilliant prospect, which nothing seemed capable of obscuring, was dimmed by the unexpected storm which overcast our horizon. The genius of mischief inspired restless and evil-disposed spirits with criminal designs, and kindled the flame of discord in the public mind. Some time ago it began to be seen and ascertained that there did not prevail in the assembly that uniformity of true principles which distinguishes constitutional governments; and that harmony of separate powers which constitutes their moral and physical force began to waver. Various and continued attacks on the executive power, and its concessions for the sake of harmony, enervated the force of the government, and silently undermined it. The spirit of disunion went on increasing; the gall of distrust overflowed; parties were secretly formed; and a disorganizing faction suddenly appeared, and acquired a force which began to alarm the minds of all worthy Brazilians, who, solely animated by zeal for the public good, and the purest patrotism, trembled with horror at the prospect of future dangers which they foresaw and expected. Meanwhile, those men who had meditated and contrived subversive plans, and who continued to practise their sinister arts, gained over some honest and simple persons, by holding out the flattering idea of the better security of liberty-that sacred idol, always adored, but too often misunderstood; others by persuading them that the government had become despotic; and some, perhaps, by the promise of advantages which their own extravagant imaginations exaggerated. At last they carried their malignity so far as to propagate the calumny, that the perfidious and insidious project of a union with the Portuguese government was adopted. The plans being laid, the means of acting on them arranged and put in motion, and the difficulties smoothed which were supposed to present obstacles in the way of success, it was determined that the conceived and long premeditated design should be carried into effect. One of the means chosen as most certain was to sow discord between the citizens born in Brazil and those who are natives of Portugal, by the means of journals written with a dexterous artifice and virulence, aiming at the destruction of the moral force of the government, and threatening my imperial person with the examples of Iturbide and of Charles I., and also through emissaries who supported and propagated the same seditious principles. The fermentation which was to produce the revolutionary volcano being thus prepared, the faction which had become preponderant in the assembly availed itself for the fatal explosion of a petition from the citizen David Pamplona-described as a Brazilian by birth, being, nevertheless, a native of the Portuguese islands, who complained of some blows which he had received from two Brazilian officers, natives of Portugal, and who, according to the opinion of a committee, ought to have proceeded by the ordinary course of law. Before daylight, and with the most criminal forethought, the leaders of this horrible faction, assisted by their partisans, invited a number of persons to come armed with poniards and pistols to support them, by spreading terror among those illustrious, honourable, and worthy deputies of the assembly, who, faithful to their oaths, made it their sole endeavour to fulfil the just confidence reposed in them by the noble Brazilian nation, and who, consequently, wished to maintain the tranquillity necessary to their deliberations. On that unhappy day, tragic and frightful scenes took place. Cries were set up, and supported in a manner equally extraordinary and scandalous. The illustrious president, with a prudent vigilance displayed in the breaking up of the sitting, put a stop to evils which would have burst forth with the dreadful noise of an immense volcano, fermented by the fury of parties, by national hatred, by the thirst of vengeance, and by the most inflated ambition. Such was to be expected from the great number of persons, who, within and without the assembly, were disposed to sustain the projects of this terrible faction; and such was to be feared from the great quantity of arms profusely sold in the city on the preceding days, and from the scandalous acclamations by which the leaders of the wicked party were received and extolled by their satellites when they came out of the assembly, in despite even of my imperial presence. This scene of danger was again renewed. Violent and virulent speeches from those who belong to the faction continued to fan the flame of discord, and many of their dependents, both in the galleries of the assembly and without, protected the horrible results which were the necessary consequences of the premeditated plans. To this end they demanded and obtained the establishment of a permanent session, under the specious pretext that it was not fit it should be dissolved until tranquillity should be established. For this latter object, I had commanded the whole of the troops to march and assemble in the plain of S. Christovao, with the just design of leaving the assembly in perfect liberty; and I afterwards acquainted the assembly with this determination, in order that they might take into consideration the motives which I justified it, and the necessity of providing some positive measures tending to the re-establishment of tranquillity. No such measures, however, were taken, but they continued, on the contrary to pursue their discussions with the same warmth and obstinacy; and, under cover of a multitude of specious pretexts, the ruin of the country was aimed at, while their first and most decided attacks were directed towards my august person, which was treated with every disrespect that calumny and malignity could suggest. Nor was revolutionary fury the only feeling which appeared in these extravagant attacks. They went still further, and aimed at an excessive restriction of the attributes, which belong, by the very nature of representative governments, to the head of the executive power, and which had been conferred on me by the nation as constitutional emperor and perpetual defender of Brazil. They even went so far as to require, that the whole or a great part of the troops should withdraw to a distance from the city; thus leaving the government without its necessary vigour and support. The delay in adopting decisions, which is always dangerous in urgent cases, and which must finally prove fatal in the present melancholy state of affairs-the horrible prospect of some imminent catastrophe-the despair of some -the pride and political fanaticism of others the alarm and fear of all peaceful citizens--the dangerous state of the country, and the dread of the ruin and subversion of the state, all imperatively demand prompt and efficacious measures, and remedies which, though apparently violent, can alone succeed in producing early and happy results. And what measure would be the most likely to succeed in so arduous and perilous a crisis? What dike could be found to stay the revolutionary torrent, to bear up against the force of its waves, and to paralyse them completely? No other was so obvious or so powerful as the dissolution of the assembly. This, and the dismissal of the ministers, are the preservatives from public disorders in constitutional monarchies; this last was put in practice, and there was then no other resource left than to carry the first into execution, though to the great sorrow and grief of my imperial heart. Actuated, therefore, by these powerful motives, and by the urgent necessity of saving the country, which is a supreme law, and justifies extreme measures in cases of great risk, I commanded the dissolution of the assembly by the decree of the 12th current, at the same time directing the convocation of another, according to the public constitutional law, to which I am desirous to conform. In that same decree, as well as in that of the 13th, which repeated and extended it, irrefragable proofs were given of the absolute necessity of adopting so forcible a measure, and of my anxious desire to re-establish the constitutional system, which was proclaimed by the Brazilian nation, and which can alone ensure the happiness of the empire. If circumstances, so difficult and perilous, have compelled me to put in practice so violent a remedy, I have only to observe that extraordinary evils require extraordinary measures, and that it is to be hoped that they will never be rendered necessary again. The people, now satisfied of the extent of my magnanimity and constitutional principles, and of my earnest desire to promote the national happiness and tranquillity, will desist from the commotion caused by this disastrous event, which is equally cures. painful to myself, and will con- the constitution promises and setinue to enjoy the peace, tranTHE EMPEROR. quillity, and prosperity, which Rio, Nov. 16, 1823. PROJECT of the BRAZILIAN CONSTITUTION. The following are the principal clauses of the project of constitution for the empire of Brazil, organized in the Council of State, on bases presented by the Emper or; TITLE 1. Of the Empire of Brazil, its Territory, Government, Dynasty, and Religion. Art. 1. The empire of Brazil is the political association of all Brazilian citizen. They form a free and independent nation, which admits of no other bond of union or federation which may be opposed to its independence. Art. 2. Its territory is divided into provinces, in the form at present existing, which may be subdivided as the good of the state requires. Art. 3. Its government is a monarchy, hereditary, constitutional, and representative. Art. 4. The reigning dynasty is that of Senhor Don Pedro, the existing Emperor and perpetual defender of Brazil. Art. 5. The catholic apostolic roman religion shall continue to be the religion of the empire. All other religions will be tolerated, with their domestic or particular worship, without any external form of temple. though the father be a foreigner, provided he does not reside in Brazil in the service of his nation. 2. The sons of a Brazilian father, or the illegitimate children of a Brazilian mother born in a foreign country, who may come to establish their domicile in the empire. 3. The children of a Brazilian father who may be in a foreign country in the service of the empire, even though they should not come to establish themselves in Brazil, 4. All those born in Portugal or its possessions, who, being resident in Brazil at the time of proclaiming the independence of the provinces in which they reside, shall adhere to that independence expressly or tacitly by continuing their residence. 5. Naturalized foreigners, whatever be their religion. The law shall determine the qualities necessary to obtain naturalization. Art. 7. He shall lose his rights of Brazilian citizen-1. Who naturalizes himself in a foreign country. 2. Who, without leave from the Emperor, shall accept employment, pension, or decoration from any foreign government. 3. He who is banished by judicial sen tence. Art. 8, The exercise of political rights is suspended. 1. By inca TITLE II Of Brazilian Citi- pacity, physical or moral. 2. By zens. Art. 6.-Those shall be Brazilian citizens-1. who are born in Brazil, whether free-born or freedmen. This will be the case judicial degradation. TITLE III. Of Powers and the National Representation. Art. 9. The division and har mony of political powers is the |