requires such a course in case of foreign attack or internal disturbance (Article 34, No. 21).

§ 1. If Congress is not in Session and the country is in imminent danger, this power will be exercised by the Federal Executive Power (Article 48, No. 15).

§ 2. The latter must, however, during the state of siege, confine itself, as regards measures of repression imposed on individuals, to the following measures :—

(1.) Detention in a place not destined for ordinary criminals; (2.) Banishment to other parts of the national territory.

§ 3. As soon as Congress meets, the President will report the exceptional measures taken, and the reasons for the same.

§ 4. The authorities who may have ordered the taking of such measures are responsible for the abuses committed.

Art. 81. Criminal suits which have been concluded may at any time be revised by the Supreme Court for the benefit of the condemned in order to alter or confirm the sentence.

§ 1. The law will determine the cases for revision, as well as the mode of the revision, which may be claimed by the condemned person, by any outside person, or ex officio by the Public Prosecutor of the Republic.

§ 2. Upon revision, the penalties inflicted by the original sentence cannot be increased.

§ 3. The provisions of this Article extend to military trials.

Art. 82. Public officials are strictly responsible for abuses or neglect of which they may be guilty in the exercise of their offices, as also for laxity or negligence in not holding their subordinates properly responsible.

§. A public official must bind himself by a formal obligation, upon assuming office, to discharge his lawful duties.

Art. 83. The laws of the old régime remain in force, unless they have been revoked, in so far as they are not explicitly or implicitly opposed to the system of government established by the Constitution, or opposed to the principles of the latter.

Art. 84. The Government of the Union guarantees the payment

of the internal and external public debt.

Art. 85. Officers of the regular line and of the auxiliary services. of the navy will have the same commissions and privileges as those of the army who hold a corresponding rank.

Art. 86. Every Brazilian is bound to military service in defence of the country and of the Constitution in accordance with the Federal laws.

Art. 87. The Federal army will consist of contingents which the States and the Federal district are obliged to furnish, constituted in accordance with the annual Law fixing the numbers of the forces.

§ 1. A Federal Law will settle the general organization of the army in accordance with No. 18 of Article 34.

§ 2. The Union will undertake the military instruction of the various corps and branches of the army, as well as higher military education.

§ 3. Forced military enlistment is abolished.

§ 4. The army and the navy will be recruited by voluntary enlistment, without premium, and, failing this, will be manned by a previously organized system of conscription.

The navy will be manned partly from the naval school and the schools of naval apprentices, and partly from the merchant navy by means of conscription.

Art. 88. In no case will the United States of Brazil enter directly or indirectly upon a war of conquest, whether alone or in alliance with another nation.

Art. 89. A Court of Audit is established to balance the accounts of revenue and expenditure, and to verify their legality before they are presented to Congress.

The members of this Court will be appointed by the President of the Republic with the approval of the Senate, and they can only lose their places through a judicial sentence.

Art. 90. The Constitution may be amended at the initiative of the National Congress, or of the Legislatures of the States.

§ 1. A proposal for an amendment will be taken into consideration when it is presented by at least a fourth of the members of either of the Chambers of the National Congress and has been accepted after three discussions by two-thirds of the votes in both Chambers, or when it is asked for by two-thirds of the States in the course of one year, each State being represented by a majority of the votes of its Assembly.

§ 2. This proposal will be considered as approved if it be approved in the following year after three discussions by a majority of two-thirds of the votes in both Chambers of Congress.

§ 3. The proposal, when approved, will be signed by the Presi dents and Secretaries of the two Chambers, and it will be incorporated in the Constitution as an integral part thereof.

§ 4. Bills having for their object the abolition of the Federative Republican form of government, or of the equal representation of the States in the Senate, cannot be introduced for discussion into the Congress.

Art. 91. Upon this Constitution being approved it shall be promulgated by the officers of Congress and signed by the members of the same.

Transitory Provisions.

ART. 1. This Constitution having been promulgated, Congress, sitting as a General Assembly, will next elect the President and Vice President of the United States of Brazil by an absolute majority of votes on a first ballot, and, if no candidate obtain such an absolute majority, by a relative majority, on a second ballot.

§ 1. This election will be effected by means of two distinct ballots, respectively for the President and Vice-President, the votes for the President being received and counted first, and then those for the Vice-President in the same manner.

§ 2. The President and Vice-President who are elected in the manner laid down in this Article will occupy the Presidency and Vice-Presidency of the Republic during the first Presidential

term.

§ 3. For this election no disqualifying causes will be enforced.

§ 4. The said election being over, Congress will declare its constituent mission attained, and, dividing into Chamber and Senate, will enter upon the exercise of its normal duties on the 15th June of the current year; nor will it on any pretence whatever be liable to be dissolved.

§ 5. In the first year of the first Legislature the Senate, immediately upon entering on its first preparatory work, will determine the first and second-third of its members whose term of office will cease at the end of the first and second triennial periods.

§ 6. The determination will be effected by means of three lists corresponding to the three-thirds, the Senators of each State and of the Federal district being divided according to the number of votes which they have respectively obtained, in such a way that the Senator who obtained the largest number of votes in the Federal district and in each of the States will be assigned to the third of the last triennial period, the other two names to the two following thirds in accordance with the number of votes obtained by them.

§ 7. In case of a tie, the oldest members will have the preference, and where the age is equal, the matter will be settled by

lot.

Art. 2. The State which shall not have decreed its Constitution by the end of the year 1892 will by act of Congress be subjected to that of any one of the other States which may be most convenient for the purpose, until the State which is subjected to this régime shall amend the said Constitution in the manner prescribed therein.

Art. 3. As soon as the States are organized the Federal Government will hand over to them the administration of the Departments of Government which are within their province by the Constitution, and will put an end to the responsibility of the Federal Administra

tion so far as regards such Departments and the payment of the respective staff.

Art. 4. While the States are engaged in regulating their expenditure during the time that they are organizing their Administrative Departments, the Federal Government will open special credits for them for this purpose, according to the conditions prescribed by law.

Art. 5. In the States which are in process of organization, the classification of the revenues prescribed by the Constitution will be in force.

Art. 6. For the first appointment to the Federal Judiciary and to that of the States, the Judges of First Instance and Judges of Appeal of most note will be chosen.

Those who are not admitted into the new Judicial organization, and have served for more than thirty years, will be pensioned on full salary. Those who have served for less than thirty years will continue to receive their salary until they have been accepted or pensioned at a salary corresponding to the length of their service.

The expense of pensioning or retiring Magistrates will be borne by the Federal Government.

Art. 7. Dom Pedro d'Alcántara, ex-Emperor of Brazil, is granted a pension which, dating from the 15th November, 1889, will insure him a decent subsistence for the rest of his life. The Congress will, in ordinary Session at its first meeting, fix the amount of this pension.

Art. 8. The Federal Government will acquire for the nation the house in which Dr. Benjamin Constant Botelho de Magalhas died, and will cause an inscription to be placed therein out of homage to the memory of the great patriot, the founder of the Republic.

S. The widow of the said Benjamin Constant will have the use of the said house during her lifetime.

We order all authorities whom this Constitution and its execution concern to execute it and cause it to be executed and observed faithfully and entirely as is therein prescribed.

It shall be published and carried out over the entire country. Sessions Hall of the National Constituent Congress, in the city of Rio de Janeiro, the 24th day of February, 1891, and in the third year of the Republic.

[Here follow the signatures of the President of the Congress and of the Senators and Deputies.]

BRITISH NOTE, respecting the Denunciation of the Extradition Convention between British and Portuguese India of

20

January 18, 1880,* and the Convention between British and

309

Portuguese India respecting Weights and Measures of March 18, 1880.+-Lisbon, February 4, 1891.‡

April 12

M. LE MINISTRE,

Lisbon, February 4, 1891.

WITH reference to the note which I had the honour to address to your Excellency on the 14th October last,§ and to your Excellency's reply of the 29th of that month, I have the honour to inform you that in denouncing the Goa Treaty of the 26th December, 1878,|| Her Majesty's Government intended the denunciation to apply also to the subsidiary Conventions of the 20th January, 1880,* respecting extradition, and of the 18th March, 1880,† respecting moneys, weights, and measures. A separate notice, however, of the termination of this latter Convention seems necessary under its 14th clause. I am consequently instructed by the Marquess of Salisbury to give notice on behalf of Her Majesty's Government of the termination of the Convention of the 18th March, 1880.

Senhor Barboza de Bocage.

I avail, &c.,

G. G. PETRE.

BRITISH NOTIFICATION of the Denunciation of the Treaty between Great Britain and Portugal of December 26, 1878,|| respecting the Indian Possessions of the two Countries, and of the Conventions of 1880, respecting Extradition* and Weights and Measures.†-London, March 9, 1891.¶

Foreign Office, March 9, 1891. Ox the 14th October, 1890,§ Her Majesty's Envoy Extraordinary and Minister Plenipotentiary at Lisbon gave notice to the Portuguese Minister for Foreign Affairs of the intention of Her Majesty's Government to terminate the Treaty between Iler Majesty and His Majesty the King of Portugal, respecting their Indian Possessions, signed at Lisbon on the 26th December, 1878.|| page 229.

Vol. LXXI,

+ Vol. LXXI, page 282.

The Portuguese Government acknowledged the receipt of this note on the 27th February, 1891.

§ Vol. LXXXII, page 1040.

Vol. LXIX, page 19.

"London Gazette," March 10, 1891.