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The statutes on which the decisions of the judicial power were found. ed, was the Portuguese code framed during the reigns of the two Philips, and entitled “ Ordnacoens do Reino,” to which were appended all the “ Cartas de Lei” and decrees issued since the accession of the house of Braganza, forining altogether about nine volumes.

Though in ordinary cases the decision of both civil and criminal causes was left exclusively to the judicial authorities, the mandate of the captains general was at any time sufficient either to suspend or set aside the ordinary operation of the law.

The municipalities were close corporations, formed on the model of those of Portugal; where those bodies had formerly been intrusted with the nomination of deputies to the supreme cortes : though this as well as many other important privileges, had latterly fallen into desuetude.

On occasions of public ceremony the national banner was still carrie in their processions, and they were still recognised, in appearance at least, as the representatives of the people. In Brazil also their power was once considerable, and instances have occurred of the deposition of the captains general by the municipalities, and of this exercise of authority having been sanctioned by the entire approbation of the government of Lisbon, though toward the end of the last century their powers had been restricted almost exclusively to the improvement of roads, the construction of bridges, the control of the markets, and other objects of minor importance. Their executive officers, who were entitled “ Juizes Almotaceis” were nominated by the municipalities them selves every three months, and were charged with the power of exacting fines and enforcing imprisonment according to certain established regulations.

The regular troops were recruited according to the direction, and placed entirely at the disposition of the captains-general, but the officers were nominated by the court of Lisbon. The militia, or troops of the second line, were enlisted by the officers of each respective corps, and the officers themselves were also appointed in Lisbon, at the proposition of the captains-general. Though serving gratuitously, this latter force was often employed in very laborious and odious services, and its members as well as the regular troops were amenable to martial law in all matters relative to their military duty.

In addition to the preceding were the Ordenanças, or troops of the third line, who by the regulations of their institution ought to have been composed exclusively of such individuals as were incapacitated by physical defects or otherwise from serving in the militia. "Thrir duty was to defend ihe country in cases of emergency, but this service was merely nominal, and, by a perversion of the real objects of the institution, it became customary for all possessed of sufficient patronage to obtain a post in the Ordenanças for the express object of avoiding enrolment in the militia. The fidalgos, or Portuguese noblemen of the first rank, were exempt from personal service altogether.

The orders of knighthood were those of Santo Iago, San Bento de Avíz, and the order of Christ, of all of which the sovereigns of Portugal were the grand masters and perpetual administrators.

Among the privileges appertaining to the office of grand master of the order of Christ, a pontifical bull had conferred that of an entire ecclesiastical jurisdiction over ultra-marine conquests, and by virtue of this title, the crown of Portugal shortly after the discovery of Brazil appropriated to its own use all the tithes levied in the country ; with however a proviso binding the monarch to provide for the celebration of public worship and to pay a stipulated sum for the adequate maintenance of the various clergy. By the same authority the presentation of ecclesiastial benefices was also constituted one of the exclusive privileges of royalty, though, at the proposition of the bishops, with an injunction that the natives of the respective captaincies, and more especially the descendants of the ancient nobility who were among the first emigrants to Brazil, should on all occasions be preferred, the right of presentation still being restricted to the sovereign.

The stipulations made for the maintenance of the established religion, and the due support of the clergy, were nevertheless but very imperfectly complied with.

Many priests came to be dependant on the mere fees of their office for subsistence, and the stipend paid to the highest dignitaries of the church was but trifling when compared with what would have accrued to them, had they been allowed to retain possession of their tithes. The revenue of the archbishop of Bahia, the head functionary of the Brazilian church, never amounted to more than ten contos of rees per annum, at par, 2,8121. 10s. sterling ; nor was the bishopric of Rio de Janeiro, embracing within its limits, the provinces of Rio Grande, Espirito Santo, and Santa Catherine, ever worth to its incumbent more than six contos of rees, or, 1,6871. 10s. per annum. These peculiarities in the condition of the clergy are perhaps worthy of more particular note than the circumstances of any other class, since they will be found to have exercised a most important influence during the period of the subsequent revolution.

The jealousy of the Portuguese government constantly led them to dread the growth of every power or corporation which might hereafter militate against the exercise of its authority; and on this account not only were the civil and ecclesiastical functionaries brought more immediately under control than in the mother-country, but even the increase of capitalists and large proprietors was systematically prevented. The entailment of landed property could be effected only by virtue of an express permission from the sovereign; and all manufactures, excepting the preparation of sugar, were most rigidly prohibited.

During the year 1769 a conspiracy was formed by a few influential individuals in Villa Rica, not so much, however, with the design of proclaiming an independent republic, as from a desire to ascertain what co-operation they were likely to meet with in case that step should subsequently be adopted. From a diminution in the product of the coal-mines in this district, several of the individuals working them were in considerable arrear for taxes. These arrears the government in Lisbon had ordered to be paid up, with but little regard to the practicability of the demand. Much irritation had in consequence been excited, and a military officer of the name of Joaquim Jozé da Silva Xavier, commonly termed “ Tiradentes,” or the Tooth-drawer, was sent off for the purpose of ascertaining the disposition of the inhabitants of Rio Janeiro. Here the imprudence of Tiradentes led to an immediate dis

covery

of the association, the members of which were forthwith arrested. Altogether, however, their numbers did not amount to forty, yet, though little could be urged in evidence against them, they were all sentenced to death, banishment, or the galleys, according to the different degrees of their supposed guilt.

These sentences were nevertheless mitigated in favor of all, except the unfortunate Tiradentes, who, though but an instrument in the hands of others, was, after the lapse of two years, condemned to be hanged, decapitated, and quartered; by the same sentence it was, among other ignominious provisions, enacted that his head should be exposed in the public square in Villa Rica, his house razed to the ground, and his children and grandchildren declared infamous. A conspiracy, originating exclusively among the people of color, was also organized in Bahia during the year 1801, but like the former, it was discovered before any attempt had been made to put it into execution. The communication between the different provinces was neither sufficient to facilitate a general revolt, nor indeed were the free population disposed to it. Their condition, as contrasted with that which is the result of European civilization, was wretched ; yet the tyranny exercised over them was of a negative rather than of a positive character. Their wants were few, and from the almost total absence of nobility, large proprietors, or powerful ecclesiastical dignitaries, there was an equality throughout their entire association which prevented their being sensible of any undue privations. Could they have been exempted from all extraneous impulse, ages might have rolled away, and Brazil have been known to Europe, only as the colossal, yet submissive, and unaspiring dependancy of Portugal. But events were occurring elsewhere, about the close of the eighteenth century, the effects of which were fated to extend their influence to the very ends of the earth. The young republic of France emerged from amid the storms of the revolution, and the crowned heads of all the surrounding states entered into one mighty coalition to crush the intruder. In this attempt their efforts were partially successful, yet their aggressive policy was, ere long, followed up by a fearful and overwhelming counteraction. They raised up a spirit which they afterward in vain attempted to exorcise. They called forth a conqueror who for a while scattered all their armaments before him, and who burst and riveted at will the manacles of many nations. The results of his victories were not bounded by the hemisphere wherein they were achieved. They gave birth to the immediate independence of all the Spanish colonies in South America, and by compelling the royal family of Portugal to seek refuge in Brazil, they created as it were a new era in her history.

The royal family of Portugal sailed from Lisbon under the escort of a British squadron, and reached Rio Janeiro on the 7th of March, 1808. As Portugal was occupied by a French army, it would have been absurd to maintain the ancient monopoly of trade, and the ports of Brazil were thrown open to foreigners of every nation by a royal decree. As the dowager-queen of Portugal was in a state of niental imbecility, the government was administered by her son, Don John, with the title of regent; he introduced several great improvements into the government; Brazil was no longer treated as a colony it was

raised to the dignity of a nation, and the progress of amelioration in its financial and commercial condition was unusually rapid.

The first cause of discontent was the preference which the court naturally showed for officers of Portuguese birth ; and this jealousy was increased by the contempt with which the Europeans treated every one of Brazilian birth. Indeed, a Portuguese general formally pro posed that all Bråzilians should be declared incompetent to hold a higher rank than that of captain, and though no such law was formally enacted, its spirit was acted upon in every department of the administration. Dissatisfaction was silent, but it was deeply felt and rapidly extending, when in October, 1820, intelligence arrived of the revolt in Portugal in favor of a constitutional government. On the 26th of February, 1821, the king was compelled to proclaim the constitution in Rio de Janeiro, and to promise that he would convoke a Brazilian cortes.

In the meantime the cortes at Lisbon began to form projects for securing to Portugal its ancient monopoly of Brazilian commerce, and to render its provinces once more colonies dependant on the mothercountry. These projects were eagerly supported by the Portuguese in Brazil, who trusted to revive their ancient ascendency over the colonists and natives. Violent disputes, frequently ending in bloodshed, arose between the Portuguese and the Brazilians; Don John, who had assumed the title of king on his mother's death, returned to Lisbon, leaving his son, Don Pedro, at the head of the Brazilian government, which he clearly saw would not long remain dependant on Portugal. The cortes of Lisbon assumed the right of legislating for the colonies without consulting their inclinations ; they abolished the tribunals which had been created in Rio Janeiro, and passed a decree recalling Don Pedro to Europe. These decrees were resisted by the Brazilians, and after some delay they took the decisive step of declaring their independence, and establishing a constitutional monarchy under Don Pedro as emperor.

We have elsewhere noticed the revolution in which Pedro was dethroned and a regency established in the name of his son. Since that period Brazil has enjoyed more tranquillity than any of the other South American states, and but for the difficulties which arise from the continuance of negro slavery in the country, it would seem to have every fair prospect of advancing rapidly in social prosperity and political importance.

Paraguay can not with propriety be reckoned among the colonies either of Spain or Portugal, though both governments have claimed it as their own. It was first brought under European control by the jesuit missionaries, who professed a nominal obedience to the crown of Spain. Their success in making converts was greater than that of their brethren in any other quarter of the globe ; they instructed the Indians who embraced Christianity in agriculture and the arts of social life ; the surrounding tribes were not slow in perceiving the advantages which their countrymen had derived from the change, and they came voluntarily to seek instruction. In a very short time the jesuits became complete masters of the country; in order to perpetuate their dominion, they carefully excluded all foreigners from Paraguay, and infused into the minds of the natives a suspicious jealousy, or rather hatred of foreigners, which has never since been eradicated.

When the order of the jesuits was abolished, Paraguay was all but left to itself, and its name was scarcely mentioned in Europe, until it took a share in the revolutionary movement which established so many new states in South America. Doctor Francia headed the revolution of Paraguay, and obtained absolute power for himself, with the title of dictator. He established as rigid a system for excluding foreigners as che jesuits themselves, and his successors appear to continue the same course of policy.

SECTION IV.-The English in America.

ENGLAND had shared in the ardor for discovery which the successful enterprise of Columbus diffused throughout Europe. Newfoundland was visited by Sebastian Cabot, in the reign of Henry VII.; and two unsuccessful voyages were made to the southern seas, by the same navigator, in the reign of Henry VIII. But the object which long continued to be the favorite one of the English adventurers, was the discovery of a passage through the northern seas to India and China. Sir Hugh Willoughby, and Richard Chancellor, hoped that this might be attained by sailing to the northeast; the latter reached Archangel, a port then unknown in western Europe, and though he failed in his principal object, he laid the foundation of an active commerce between Great Britain and Russia. The company of Merchant Adventurers, incorporated by Edward VI., were indefatigable in their efforts to open new courses of trade, by encouraging maritime and inland discovery; while their navigators penetrated to Nova Zembla and the river Oby, several of their factors accompanied some Russian caravans into Persia, by the route of Astrachan and the Caspian sea; and the accounts which they published on their return, first gave British merchants accurate intelligence concerning the state of the remote regions of the east. These enterprises were renewed under the reign of Elizabeth; a commercial treaty was concluded with the shah of Persia, and such information obtained respecting India, as greatly increased the national ardor for opening a communication with that country by sea. But every effort to discover a northwest or northeast passage failed : Martin Frobisher, like every navigator from his days to those of Sir John Ross, found the seas blockaded with fields of ice, through which no opening could be made. This disappointment might have damped the spirit of the English, but for the successful enterprise of Sir Francis Drake, who circumnavigated the globe with a small squadron, and returned home with an account of many important discoveries in the Pacific ocean.

War with Spain rendered this information peculiarly important; and the English resolved to attack their enemies through their colonies, and thus cut off the sources of the wealth which rendered Philip II. formidable to Europe.

In the sketch of the history of the United States will be found an account of the colonies planted by the English within the limits of that country.

Canada was the first colony established by the French in Canada

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