178 Political Affairs 



'ucceed to the throne, accordins to the 

 regular Older of primogeniture and repre- 

 sentation, the anterior line being always 

 preferred to the posterior; in the same line, 

 the nearest degree to the more remote ; 

 in the same degree the masculine sex to the 

 feminine ; aud in the same sex, the person 

 more aged to tlie younger. 



Art. 118. In the case of the lines of the 

 legitimate descendants of Don Pedro I. 

 becoming extinct, the General Assembly 

 shall, during the life of the last descendant, 

 elect a new dynasty. 



Art. 119. No foreigner can succeed to 

 the imperial crown of Brazil. 



Art. 120. The marriage of the Princess, 

 presumptive heir of the crown, shall take 

 place with the emperor's approbation. In 

 case there should be no emperor at the 

 time when surh marriage is proposed, it 

 cannot be concluded without the approba- 

 tion of the General Assembly. Her hus- 

 band can rake no part in the government, 

 and not to be called emperor until he have 

 a son or daughter by the empress. 

 Chapter VI. — Of the Minislry. 



Art. iSl. There shall be diti'erent se- 

 cretaryships of state, to which shall be 

 referred the affairs belonging to each. 



Art. 132. Orders shall proceed from the 

 ministers of stale, otherwise they cannot 

 be cxecntcd. 



Art. 133. The ministers of state shall 

 be responsible, — 1. For treason. 2. For 

 corruption, subornation, or extortion. 3. 

 ■The abuse of power. 4, For failure in the 

 observance of the law. 6. For acts con- 

 trary to the liberty, security, or property 

 of citizens. 6. For any waste of public 

 property. 



Art. 134. A particular law shall specify 

 the nature of these offences, and the man- 

 ner of proceeding against them. 



Art. 135. The ministers cannot escape 

 from their responsibility, in consequence 

 of any orders given by the emperor, whe- 

 ther verbal or written. 



Art. 136. Foreigners, although they may 

 be naturalized, cannot become ministers 

 of state. 



The Comcil of State. 



Art. 137. There shall be a council of 

 state composed of councillors for life, 

 appoinied by the emperor. 



Art. 133. Their number shall not ex- 

 ceed ten. 



Art. 139. In this nnmber the ministers 

 of state are not to be included, neither 

 .•ihall the ministers act as councillors of 

 state, without boin;; expressly appointed 

 for that purpose by the emperor. 



Art. 140. Tlic same qualilications are 

 requisite for a councillor of state as for a 

 senator. 



Art. 141. Before taking the oath, the 

 c uDcillors of state may swear, in presence 

 of the emperor, to maintain the Catlmlic 

 rejigion, to re:nect the constitution and 



Itnti'. »■ ' * 



in February/, " [Marx:b 1, 



tlie laws, to be faithful to tlie emperor, 

 and to give him conscientious advice, 

 having in view only the welfare of tins 

 nation. 



Art. 142. The opinion of the councillor* 

 shall be heard on all important business, 

 and on the general measures of adminis- 

 ration ; but principally on questions of 

 war or peace, negotiations with foreign 

 powers, and on any occasion on which the 

 emperor may propose to exercise any of 

 the functions of the moderating power 

 pointed out in Art. 100, with the excep- 

 tion of the 6fh. 



Art. 143. The councillors of state shall 

 be held responsible for any advice tliey 

 may give with the design of violating the 

 laws or the interests of the sta'e. 



Art. 144. The imperial prince, en 

 coining of age, shall be president of the 

 council of state. The other princes of the 

 imperial family cannot become members 

 of tlie council, except by the appointment 

 of the emperor. The princes are not to 

 be included in the number specified in 

 Art. 138. 



Military Force. 



•'\rt. 145. Every Brazilian i.s required 

 to bear arms in defence of the indepen- 

 dence and integrity of the empire, and to 

 protect it against its eiiemies, foreign and 

 domestic. 



Art, 146. The General Assembly not 

 having determined on the permanent 

 amount of the naval and military force, it 

 shall remain at its present amount until 

 the above-mentioned assembly shall cither 

 increase or diminish it. 



Art. 147. The military force is essen- 

 tially obedient. It can never be assem- 

 bled, except by command of the legitimate 

 aulhorily. 



Art, 148. It belongs to the executive 

 power to employ the naval and military 

 force as may be expedient for the secu- 

 rity of the empire. 



Art, 149. Officers of the army and navy 

 cannot be deprived of their commissions, 

 except by the sentence of a competent 

 tribunal. 



Art. 150. A special ordinance will re- 

 gulate the organization of the Brazilian 

 army and navy, their promotions, pay, and 

 discipline. 



Title \l.— Of tke Judicial Power. 

 Chap. I.— O/ Judges and Courts of Justice. 



Art. 151. The judicial power is inde- 

 pendent, and shall be composed of judges 

 and jurors, both in civil and criminal 

 rase>, in siicii manner as the law shall 

 hereafter determine. 



Art. l52. The jurors shall pronounce on 

 the fact, and the judges shall apply the law. 



Art. 153. The judges shall be perpetual; 

 by which it is not to be understood that 

 some may not be transferred to other 

 offices and places, at the time and in the 

 manner which the law shall determine. 



Arti 



