Obrázky stránek
PDF
ePub

gives the provinces the right of local legislatures to regulate their provincial concerns, independently of the general government.

The manner in which the reforms in the constitution were effected, will give some insight into the mode of conducting business, and exhibits the power of this party. The plans, after being long under discussion in the Chamber of Deputies, were referred to a committee of that body, who reported upon them, and they were finally passed, under a decision by the Chambers that the Senate and Regency had no right to vote, control, or even deliberate upon the question. They thus assumed to themselves the whole power of legislative action on so momentous a subject, totally disregarding the constitutional claims of the other co-ordinate and co-equal branches of the government, whose concurrence was necessary to legalize all their acts under the constitution, and whose authority was then in vigour, and could not be suspended, although it was susceptible of modification in the proper form. This subject was recommended to the attention of the people in 1833, with a view to party action on it; and new elections were ordered, for the purpose of deliberating upon a new constitution. But from some circumstances, the regents were not willing to accede to the measure, after it had passed the forms of legislation in the Chamber of Deputies; they steadfastly adhered to the determination of withholding their sanction to the law, opposing all terms of com promise. For a long time the tranquillity, if not the destiny of the country, was in jeopardy. The regents were finally, as was supposed, and generally believed, brought over by pecuniary considerations. The Senate also ineffectually attempted to interpose a protest against the measure (the election of a regent to hold office for four years), not only to sustain their dignity but maintain their rights; neither was it satisfactory to the people generally, nor to the national guard, who it was well known would have supported the regents in their opposition. All impediments, however, to the passage of this favourite and important measure, were overcome by the power and management of this band of leading men, who contrived to unite with them the most opposite characters, and to neutralize personal animosity, as well as party strife, absorbing all other subjects, and enlisting them in support of this measure. They thus clearly manifested their influence, in being able to set aside constitutional restraints, overcoming the executive power, and controlling the senatorial aristocracy.

The new constitution seems to operate satisfactorily under these leaders. There are, however, some features in it which give its warmest friends many fears respecting the stability of the government. One of these is the difficulty of making the provincial legislatures

work harmoniously with the general government. Great stress is, however, laid upon the character of the Brazilians, who are disinclined to change, and upon their habits of obedience to the laws and constituted authority. This gives a well-grounded hope for the peaceful and onward march of the public prosperity under the new constitution.

Every exertion is making to give the young Emperor a good education, and his talents are well spoken of.

The regulation of the currency has continued to claim the attention of the government, as involving the most important questions, and those likely to bring about difficulties. Some apprehensions are entertained that the local governments may apply a remedy themselves. In the Chamber of Deputies, all money-bills originate, but the Senate may amend them. All laws must be sanctioned by the Emperor after having passed both branches of the legislature. In case of disagreement between the two houses, the members unite in the Senate chamber, and the question is decided by a majority of votes. There are no doubt many sources of discord, but they are not fully known by any, except the principal actors, and few are aware how the affairs of the kingdom are going on. At this time (1838 and '39) all those acquainted with the people and government considered the whole kingdom in a precarious state: the administration at Rio Janeiro was believed to be unpopular, while some of the provinces evinced a strong disposition to join with that of Rio Grande in revolution. But this cannot succeed. Rio, with its situation and commercial advantages, must and always will have the ascendency in one way or other, will control its resources, and must be the seat of government of this empire.

The administration of justice is confided to two high tribunals, which are open to the public, and where causes are decided on appeal by a majority of the judges.

These tribunals are, first, the Relaçào, of which there are two branches, one at Rio and the other at Bahia, each composed of eight judges. Second, the Supreme Tribunal of Justice, of twelve judges. The inferior courts are those for the trial of civil and criminal cases, an Orphans' Court, and a Court and Judge of Findings and Losings, the last of which is not yet abolished, however obsolete it may have become. Great corruption exists in them all, and no class of people are so unpopular as the judges. It is generally believed, and the belief is acted upon, that to obtain justice, all classes, including priests and laymen, lawyer and client, legislators and people, regents and ministers, must submit to great imposition; that it is next to impossible

to recover a debt by law except through bribery. If a debtor has money or patronage, and refuses to pay, it is difficult to obtain the payment even of an acknowledged note of hand through the process of the law, and it generally takes years to accomplish.

It is, however, greatly to the praise of the Brazilians, that it is not often necessary to have recourse to law for this purpose. The greatest injustice occurs in the Orphans' Court; but the Court of Findings and Losings is one of the most singular in this respect. It takes charge of all things lost and found, making it the duty of a person finding any thing to deposit it with the judge. The loser, to prove property, must have three witnesses to swear that they saw him lose it, and three others, that they saw the finder pick it up, otherwise it remains in deposit. To show the working of this system, a gentleman of Rio found a bank-note of four hundred milrees (about $250). The owner went to him and claimed it, proving satisfactorily to the finder that the identical bank-note was his, upon which the finder gave it up. The Judge of Findings and Losings heard of the circumstance, sent for him, and asked a statement of the case, which the finder unsuspectingly related. The judge praised his honourable conduct, and was punctiliously polite. The next day, however, he issued an order for the deposit of the money found; and because it was disregarded, the finder, a respectable foreign merchant, was arrested in the street and sent to prison, to be confined with common criminals. The jailer, however, having private apartments for those who could pay for them, he became his guest, and was preserved from the disgust of being a close prisoner, and the companion of degraded and depraved wretches. Before he could regain his liberty, he had to pay the amount found, the decision being the forfeiture of a like sum, together with the jailer's fees, &c.

The justices of the peace for each district are elected by the people, four at a time, to serve as many years by turns, substituting one for the other, when sickness or other circumstances prevent either from serving. They have final judgments in amounts not exceeding sixteen milrees. In cases of civil process, they act as mediators to effect a compromise and reconcile difficulties. Their political attributes are to preserve the peace in case of riot or disorder among the people, and they have a right to call on the national guard or military police to aid them, who must act under their direction. There is no civil police, and no imprisonment for debt. Trial by jury was at first limited to political offences and violations of the liberty of the press, but it is now extended to criminal cases, and in some instances to civil suits. Sixty persons compose the jury, and forty are necessary

to try causes. The juiz de decrito (judge of law) sits with them in court, acts as president, and applies the law to the cases the jury may decide. Jurymen serve for one year, and are chosen in the following manner. In each district the vigairo (vicar), a justice of the peace and a member of the municipality, select from a list of male parishioners, those qualified in their judgment for jurymen, and submit the names to the municipality, who, assisted by the vigairo and justice of the peace, purge the list of such as may be considered improper persons. It is then officially communicated by the municipality to the justice of the peace, and posted up for public inspection in the office, and on the doors of the parish churches throughout the district.

To entitle any one to vote at an election, he must have an income of two hundred milrees per annum from property, trade, labour or employment of any kind. The vigairo sits with the judges at elections to decide on the qualifications of voters. Friars or members of religious fraternities are not entitled to a vote. Free blacks have all the civil rights, and vote at elections the same as white men.

The attorney-general of the nation is the accuser in all criminal cases. Criminals have the right of counsel.

It may be said that there is no standing army in Brazil, for the few troops do not merit that name. A military staff on a large scale is supported, with a large corps of military police, and a national guard. The national guard is organized by law, and in it all males from eighteen to forty-five years of age are enrolled. They are equipped at their own cost, the nation furnishing arms and ammunition only. Detachments of this guard are on duty daily at the palace and public offices.

The navy is not effective; they want seamen, and are not likely to have any. A naval academy is established for the education of cadets or midshipmen. Here they enter at twelve years of age, receiving some of the first rudiments of education, and remain four years. After passing an examination, they are sent to sea, serve there four years, and if found qualified are then promoted to second lieutenants.

The military academy they enter later, remain seven years, passing through various courses of study, and if found competent, they are made lieutenants. From what I understood, the system of education is very imperfect.

Schools for educating the people have been established, and the female sex are now allowed to be educated.

Agriculture is extending; and the slave trade, since the treaty with England, has been prohibited; but large numbers of slaves are still easily smuggled, by the connivance of the authorities, and although

H

many are captured by British cruisers, yet it is said that more than one half of the vessels escape, and smuggle the slaves into the small rivers and harbours, bribing the collectors, who permit them to be landed. After landing, the slaves are driven into the woods, where they are secreted until they are sold to the planters in the interior.

The slaves do not increase, as procreation is prevented as much as possible. The two sexes are generally locked up at night in separate apartments. The number of slaves imported into Rio and Bahia previous to the prohibition of the slave trade in 1830, was about forty thousand a year for the former, and ten thousand for the latter, as follows:

[blocks in formation]

About one-third of these were lost by death, leaving two-thirds as an accession to the labour of the country.

The number annually imported since 1830, contrary to law, is estimated at seven to ten thousand.

In speaking of the apprehension of a rise of the blacks in the provinces, the well-informed seemed to entertain no kind of fear of such an event. I was told that Bahia was the only point at which insurrections were ever likely to occur, and this was from the prevalence of the Mina slaves, who are very intelligent, and capable of forming organized bodies, which they occasionally have done. The slaves of the other provinces are of a mixed character, incapable of any organization, and from having been taken from different tribes on the coast, they are more or less hostile to each other, and would be opposed to any such union.

The Brazilians have great respect for foreigners who are not Portuguese. The latter are detested. They have a strong bias in favour of the United States and the American government generally. They think the time is approaching which will unite the people of this continent in a distinct national policy, in contra-distinction to that of Europe, and in rivalry to it. They are vain of their own country and its institutions, and firmly believe that a high destiny awaits Brazil. The government, in its political relations with other countries, is seemingly confiding and liberal.

The population of the empire, taking the last returns of the members of the Chamber of Deputies as a guide, is estimated at five millions. No census has yet been taken, but it is thought to exceed this number. The scrutiny formerly exercised by the government into their domestic

« PředchozíPokračovat »