691. Republicanism and Socialism.—Among other accounts, the elections of 1910 were notable by reason of the return to the Congress for the first time of a socialist member. In Madrid, as in other centers of population, the Government concluded with the Conservatives anententecalculated to hold in check the rising tide of socialism and republicanism. Under the stimulus thus afforded the Socialists at last responded to the overtures which the Republicans had long been making, and the coalition which resulted was successful in returning to Parliament the Socialist leader Iglesias, together with an otherwise all but unbroken contingent of Republicans. In Barcelona and elsewhere Republican gains were decisive. None the less the Republican forces continue to be so embarrassed by factional strife as to be not really formidable. The Socialists, however, exhibit a larger degree of unity. As in Italy, France, and most European countries, they are growing both in numbers and in effectiveness of organization. In Spain, as in Italy, the historic parties which have been accustomed to share between them the control of the state have, in reality, long since lost much of the vitality which they once possessed. The terms "Liberal" and "Conservative" denote even less than once they did bodies of men standing for recognized political principles, or even for recognized political policies. The field for the development of parties which shall take more cognizance of the nation's actual conditions and be more responsive to its demands seems wide and, on the whole, not unpromising.[864]
692. Law and Justice.—The law of Spain is founded upon the Roman law, the Gothic common law, and, more immediately, the Leyes de Toro, a national code promulgated by the Cortes of Toro in 1501. By the constitution it is stipulated that the same codes shall be in operation throughout all portions of the realm and that in these codes shall be maintained but one system of law, to be applied in all ordinary civil and criminal cases in which Spanish subjects shall be involved. The civil code which is at present in operation was put in effect throughout the entire kingdom May 1, 1889. The penal code dates from 1870, but was amended in 1877. The code of civil procedure was put in operation April 1, 1881, and that of criminal procedure, June 22, 1882. A new commercial code took effect August 22, 1885.
"The power of applying the laws in civil and criminal cases," says the constitution, "shall belong exclusively to the courts, which shall exercise no other functions than those of judging and of enforcing their judgments."[865]What courts shall be established, the organization of each, its powers, the manner of exercising them, and the qualifications which its members must possess, are left to be determined by law. The civil hierarchy to-day comprises tribunals of four grades: the municipal courts, the courts of first instance, the courts of appeal, and the Supreme Court at Madrid. The justices of the peace of the municipal courts are charged with the registration of births and deaths, the preparation of voting lists, the performance of civil marriage, and the hearing of petty cases to the end that conciliation, if possible, may be effected between the litigants. No civil case may be brought in any higher court until effort shall have been made to adjust it in a justice's tribunal. In each of the 495partidos judiciales, or judicial districts, of the kingdom is a court of first instance, empowered to take cognizance of all causes, both civil and criminal. From these tribunals lies appeal in civil cases to fifteenaudiencias territoriales. By a law of April 20, 1888—the measure by which was introduced the useof the jury in the majority of criminal causes—there were established forty-sevenaudiencias criminales, one in each province of the kingdom, and these have become virtually courts of assize, their sessions being held four times a year. Finally, at Madrid is established a Supreme Court, modelled on the French Court of Cassation, whose function it is to decide questions relating to the competence of the inferior tribunals and to rule on points of law when appeals are carried from these tribunals. Cases involving matters of administrative law, decided formerly by the provincial councils and the Council of State, are disposed of now in theaudienciasand in the fourth chamber of the Supreme Court.[866]
Justice is administered in the name of the king. All judgments must be pronounced in open court, and by the constitution it is guaranteed specifically that proceedings in criminal matters shall be public. In every tribunal the state is represented byabogados fiscales(public prosecutors) and counsel nominated by the crown. Magistrates and judges, appointed by the crown, may not be removed, suspended, or transferred, save under circumstances minutely stipulated in the organic judicial laws. But judges are responsible personally for any violation of law of which they may be guilty.
693. Local Government: the Province and the Commune.—Prior to 1833 the Spanish mainland comprised thirteen provinces, by which were preserved in a large measure both the nomenclature and the geographical identity of the ancient kingdoms and principalities from which the nation was constructed. In the year mentioned the number of provinces was increased to forty-seven, at which figure it remains at the present day. The essential agencies of government in the province are two—the governor and thediputacion provincial, or provincial council. The governor is appointed by the crown and it is his function, under the direction of the Minister of the Interior, to represent the central government in the provincial council and in the general administrative business of the province. The provincial council is composed of members chosen by the voters of the province, which means, under the law of June 28, 1890, all male Spaniards of the age of twenty-five. Under the presidency of the governor the body meets yearly, and in the intervals between sessions it is represented by acommission provinciale, or provincial committee, elected annually. The size of the council varies roughly according to the population of the province.
The smallest governmental unit is the commune, and the number ofcommunes in the kingdom is approximately 8,000. In each is anayuntamiento, or council, the members of which, varying in number from five to thirty-nine, are elected for four years (one-half retiring biennially) by those residents of the commune who are qualified to vote for members of the provincial councils. To serve as the chief executive officer of the municipality theayuntamientoregularly elects from its own number analcalde, or mayor, although in the larger towns appointment of the mayor is reserved to the crown.
694. Principles of Local Control.—After stipulating that the organization and powers of the provincial and municipal councils shall be regulated by law, the constitution lays down certain fundamental principles to be observed in the enactment of such legislation. These are (1) the management of the local interests of the province and the commune shall be left entirely to the respective councils; (2) the estimates, accounts, and official acts of these bodies shall invariably be made public; (3) the fiscal powers of the councils shall be so determined that the financial system of the nation may never be brought in jeopardy; and (4) in order to prevent the councils from exceeding their prerogatives to the prejudice of general and established interests the power of intervention shall be reserved to the sovereign and, under certain circumstances, to the Cortes.[867]The theory, carried over from the liberal constitution of 1869, is that within the spheres marked out for them by law the provinces and the municipalities are autonomous. And it undoubtedly is true that, compared with the system in operation prior to 1868, the present régime represents distinct decentralization. None the less it must be said that in practice there is ever a tendency on the part of the central authorities to encroach upon the privileges of the local governing agencies, and through several years there has been under consideration a reorganization of the entire administrative system in the direction of less rather than more liberalism. In 1909 a Local Administration bill devised by the recent Maura ministry was adopted by the lower chamber of the Cortes. This measure, which was combatted with vigor by the Liberal party, proposed to enlarge the fiscal autonomy of the communes, but at the same time to modify the provincial and municipal electoral system by the establishment of an educational qualification, by the admission of corporations to electoral privileges, and by otherwise lessening the weight of the vote of the individual citizen. In the Senate the measure met determined opposition, and as yet its fate is uncertain.[868]
695. The Napoleonic Subjugation and the Constitution of 1820.—The government of Portugal at the opening of the nineteenth century was no less absolute than was that of Spain, The Cortes was extinct, and although Pombal, chief minister during the period 1750-1777, had caused all Portuguese subjects to be made eligible to public office and had introduced numerous economic and administrative reforms, nothing had been permitted to be done by which the unrestricted authority of the crown might be impaired. The country was affected but slightly by the Revolution in France. In 1807, however, it fell prey to Napoleon and the royal family was obliged to take refuge in the dependency of Brazil. With the aid of the English the power of the conqueror was broken in 1808, and through a number of years the government was administered nominally by a commission designated by the absentee regent, Dom John, though actually by a British dictatorship. In 1815 Brazil was raised to the rank of a co-ordinate kingdom, and from that year until 1822 the official designation of the state was "the United Kingdom of Portugal, Brazil, and the Algarves." In 1816 the mad queen Maria I. died and the regent succeeded to the affiliated thrones as John VI. His original intention was to remain in America, but in 1820 a general revolt in Portugal culminated in the calling of a national assembly by which there was framed a constitution reproducing the essentials of the Spanish instrument of 1812, and by this turn of events the sovereign was impelled, in 1821, to set sail for the mother country, leaving as regent in Brazil his son Dom Pedro. Fidelity to the new constitution was pledged perforce, but the elements of reaction gathered strength swiftly, and before the close of 1823 the instrument was abrogated. The only tangible result of the episode was the creation of a constitutional party which thereafter was able much of the time to keep absolutism upon the defensive.[869]
696.The Constitutional Charter of 1826: Miguelist Wars.—The death of John VI., March 10, 1826, precipitated a conflict of large importance in the history of Portuguese constitutionalism. The heir to the throne was Dom Pedro, Emperor of Brazil, who as sovereign of Portugal, assumed the title Pedro IV. Having inaugurated his reign by the grant of a constitutional charter whereby there was introduced a parliamentary system of government on the pattern of that in operation in Great Britain, the new king, being unwilling to withdraw from America, made over the Portuguese throne to his seven-year-old daughter, Dona Maria da Gloria, with the stipulation that when she should come of age she should be married to her uncle, Dom Miguel, in whom meanwhile the regency was to be vested. Amid enthusiasm theCarta Constitucionalwas proclaimed at Lisbon, July 31, 1826, and in August there was established a responsible Liberal ministry under Saldanha. When, however, in 1828, the regent at length arrived in Portugal, a clerical and absolutist counter-revolution was found to be under way, and by the reactionary elements he was received, not as regent, but as king. By a Cortes of the ancient type, summoned in the stead of the parliament provided for in the Charter, Dom Miguel was tendered the crown, which, in violation of all the pledges he had given, he made haste to accept. That he might vindicate the claims of his daughter, the Emperor Pedro, in April, 1831, abdicated his Brazilian throne and, repairing to Portugal, devoted himself unsparingly to the task of deposing the usurper. The outcome of the wars which ensued was that in 1834 Dom Miguel was overthrown and banished perpetually from the kingdom. Until his death, in September of the same year, Pedro acted as regent for his daughter, and under his comparatively enlightened rule the Charter of 1826 was restored and the state was set once more upon the path of reform. Upon his death the Princess Maria assumed the throne as Maria II.[870]
697. Nominal Constitutionalism, 1834-1853.—The reign of Queen Maria (1834-1853) was a period of factional turbulence. There were now three political groups of principal importance: the Miguelists, representing the interests of the repudiated absolutist régime; the Chartists, who advocated the principles of the moderate constitution (that of 1826) atthe time in operation; and the Septembrists,[871]who were attached rather to the principles of the radical instrument of 1821-1822. By all, save perhaps the Miguelists, the maintenance of a constitution of some type was regarded as no longer an open question. In 1836 the Septembrists stimulated a popular rising in consequence of which the constitution of 1822 was declared again in effect until a new one should have been devised, and, April 4, 1838, there was brought forward under Septembrist auspices an instrument in which it was provided that an elected senate should take the place of the aristocratic House of Peers for which the Charter provided, and that elections to the House of Deputies should thenceforth be direct. In 1839, however, a moderate ministry was constituted with Antonio Bermudo da Costa Cabral as its real, though not its nominal, head, and by a pronunciamento of February 10, 1842, the Charter was restored to operation. Costa Cabral (Count of Thomar after 1845) ruled despotically until May, 1846, when by a combination of Miguelists, Septembrists, and Chartists he was driven into exile.[872]The Chartist ministry of Saldanha succeeded. In 1849 it was replaced by a ministry under the returned Thomar, but by a rising of April 7, 1851, Thomar was again exiled. At the head of a moderate coalition Saldanha governed peacefully through the next five years (1851-1856). The period was marked by two important developments. July 5, 1852, a so-called "Additional Act" revised the Charter by providing for the direct election of deputies, the decentralization of the executive, the creation of representative municipal councils, and the abolition of capital punishment for political offenses. A second fact of importance was the amalgamation, in 1852, of the Septembrists and the Chartists to form the party of Regeneradores, or Regenerators, in support of the Charter in its new and liberalized form.
698. Party Rivalries: the Rotativos.—In the constitutional history of the kingdom the reign of Pedro V. (1853-1861) possesses slight importance. There was less civil strife than during the preceding generation, but ministries took office in rapid succession and little improvement was realized in practical political conditions. The period covered by the more extended reign of Luiz I. (1861-1889) was of the same character, save that its later years were given some distinction by certain developments in the party situation. The death of the old Chartist leader Saldanha in 1876 was followed, indeed, by the appearance of a political alignment that was essentially new. Already the Regeneradores, representing the Chartist-Septembrist coalitionof 1852, had disintegrated, and in 1877 the more radical elements of the defunct party, known at first as the Historic Left, were reorganized under the name of the Progressistas, or Progressives. The new conservative elements, on the other hand, carried on the traditions and preserved the name of the original Regeneradores. In the Cortes the Progressistas assumed the position of a Constitutional Left and the surviving Regeneradores that of a Conservative Right. Both were monarchical and both were attached to the existing constitution, differing only in respect to the amendments which they would have preferred to introduce in that instrument. Of remaining parties two were of importance, i.e., the Miguelists, representing still the interests of absolutism, and the Republicans, who first acquired definite party organization in 1881.
Between 1877 and 1910 the Regeneradores and the Progressistas shared in rotation the spoils of office with such regularity that the two acquired popularly the nickname of therotativos. Both were dominated by professional politicians whose skill in manipulating popular elections was equalled only by their greed for the spoils of victory. Successful operation of a parliamentary system presupposes at least a fairly healthy public opinion. But in Portugal, upwards of four-fifths of whose inhabitants are illiterate,[873]there has been no such favoring condition, and the opportunity for the demagogue and the cacique has been correspondingly tempting. Parties have been regularly mere cliques and party politics only factional strife. Throughout the period corruption was abundant and such public feeling as existed was stifled systematically. Elections were supervised in every detail by the provincial governors; agents of the Government were employed to instruct the people in their choice of representatives; and the voters did habitually precisely what they were told to do. No one ever expected an election to show results adverse to the Government. Especially unscrupulous was the manner in which the preponderating parties obstructed systematically the election of Republican and Independent deputies. As late as 1906 but one Republican was returned to the Cortes, although it was a matter of common knowledge that in many constituencies the party commanded a clear majority.
699. The Dictatorship of Franco, 1906-1908.—From June, 1900, to October, 1904, the Regeneradores were in power, with Ribeiro as premier. During this period two national elections, in 1900 and in 1904, yielded the controlling party substantial majorities. From October, 1904, the Progressive ministry of Luciano de Castro occupied the field, but in the spring of 1906 there took place a series of ministerial crisesin the course of which Ribeiro returned for a brief interval to power. The election of April 26, 1906, gave the Regeneradores 113 seats, the Progressistas 30, and the Republicans 1. The ministerial changes by which this election was accompanied prepared the way for the establishment of the régime known in recent Portuguese history as thedictadura, or dictatorship. The new premier, João Franco, was one of the abler and more conscientious men in public life. Originally a Regenerator, as early as 1901 he had led a secession from the party, and in 1903 he had organized definitely a third party, the Liberal Regenerators, whose avowed end was the establishment in Portugal of true parliamentarism. In 1906 a "Liberal Concentration" was effected between Franco's followers and the Progressistas, led by Castro, and the outcome was the calling, May 19, 1906, of Franco to the premiership. That office he assumed with the determination to introduce and to carry through an elaborate programme of sorely needed fiscal and administrative reforms. If possible, his methods were to be entirely constitutional; if not, as nearly so as might prove practicable. The Cortes elected April 26 met June 6 and, being found unpromising, was dissolved. During the campaign which followed the Regenerador party, to which Franco nominally belonged, split, the Franquistas, or supporters of the premier, taking the name of New Regenerators. The returns yielded by the election of August 12 were: New Regenerators, 73 seats; Progressives, 43; Old Regenerators, 23; Republicans, 4; with scattering seats distributed among other groups.
The sitting of the Cortes which began September 29, 1906, was one of the stormiest on record. In May, 1907, when the Government seemed on the point of collapse and it was supposed that Franco would resign, the indomitable premier effected acoup d'étatwhereby the ministry was reconstituted, the Cortes was dissolved, and several important bills which were pending were proclaimed to have acquired the force of law. During the ensuing twelvemonth the government was that of a benevolent but uncompromising dictatorship. Supported by the king, the army, and a considerable body of partisans, Franco succeeded in carrying through the major portion of his reform programme. But he was opposed by the Republicans, by the professional politicians of the older parties, and by the entire hierarchy of administrative and judicial officials who shrank from impending investigation. His task was enhanced tremendously by the growing unpopularity of King Carlos, and in defense of the sovereign it was found necessary to deprive the House of Peers of its judicial functions, to replace the district and municipal councils by commissions named by the crown, and, in short, to suspend virtually all remaining vestiges ofpopular government, as well as the various guarantees of individual liberty.
700. Restoration of Normal Conditions.—February 1, 1908, when the situation bordered on revolution, King Carlos and the crown prince Louis Philippe were assassinated and the dictatorship of Franco was brought abruptly to an end. The king's second son, who succeeded under the title of Manoel II., called together an extraordinary junta of ministers and party leaders, at whose instigation the imperious premier resigned and withdrew from the country; whereupon, under the premiership of Admiral Ferreira do Amaral, there was formed a coalition ministry, representative of all of the monarchist parties. The administrative commissions created by Franco were dissolved; the civil list, concerning which there had been grave controversy, was reduced; the House of Peers was reconstituted; the election of a new Cortes was ordered; and parliamentary institutions, suspended for a year, were revived. The various reforms, on the other hand, for which the dictator had been responsible were brought likewise to an end. The election of April 5, attended by grave disorders, yielded the Government a decisive majority and, April 29, the new sovereign formally opened the first Cortes of his reign and took oath to support the constitution. In the Chamber the old balance between the Regeneradores and the Progressistas reappeared. Of the former there were 61; of the latter, 59. The Republicans had 7 seats; a group of "Nationalists," 3; the Independents, 1; and the "Amaralists," detached supporters of the ministry, 17. Before the end of the year the Government lost its majority, and December 24 a new coalition cabinet was made up by Campos Henriques, a former minister of justice.[874]
701. The Constitution.—Before speaking of the revolution of 1910, in consequence of which the monarchy was overthrown and the present republic was established, it is desirable that brief allusion be made to the governmental system of the earlier régime. The fundamental law inoperation in 1910 was theCarta Constitucionalof 1826, remodelled and liberalized by numerous amendments. The revision accomplished by the Additional Act of 1852 has been mentioned. An amendment of July 24, 1885, provided for the gradual extinction of the right of hereditary peers to sit in the upper house and for the representation, in the Deputies, of minorities; while three amendments of importance during the reign of Carlos I. (1889-1908) were: (1) that of March 28, 1895, whereby the number of deputies was reduced from 180 to 120 and the qualifications requisite for the exercise of the suffrage were overhauled; (2) that of September 25 of the same year whereby the elective portion of the House of Peers was abolished; and (3) that of August 8, 1901, by which the conditions of election to the House of Deputies were revised. In its final form the constitution was an instrument of unusual length, comprising eight "titles" and 145 articles, some of which were very comprehensive.[875]
702. The Crown and the Ministry.—Provision was made for the exercise of four distinct categories of powers, i.e., executive, moderative, legislative, and judicial. Of these the first two were lodged in the sovereign, the third in the sovereign and Cortes conjointly, and the fourth in tribunals established under provision of the constitution. The crown was vested permanently in the descendants of Dona Maria II., of the House of Braganza, and, in default thereof, in the nearest collateral line. The succession was regulated on the principle of primogeniture, with preference to the male line, and during a sovereign's minority the regency devolved upon the nearest relative, according to the order of succession, who had attained the age of twenty-five. Associated with the sovereign was a ministry and a council of state. The ministry consisted of a premier, usually without portfolio, and a variable number of heads of departments (in 1910, seven),[876]and it was a principle of the constitution that, the crown being legally irresponsible, no executive act might be adjudged valid unless signed by one or more of the members of the ministerial group. For all of their acts the ministers were responsible nominally to the Cortes, although in point offact the turbulent state of politics rendered such responsibility nearly impossible to enforce. The council of state was a body composed of the crown prince (when of the age of eighteen) and of twelve men appointed by the king for life, usually from present or past ministers. It was required that the council be consulted in all affairs of weight and in general measures of public administration, especially those relating to the declaration of war, the conclusion of peace, and the conduct of diplomatic negotiations.[877]
Aside from participation in legislation, the powers of the crown (exercised at least nominally through the intermediary of the ministers and councillors) were, as has been said, of two categories, executive and moderative. The powers of an executive character were of the usual sort, i.e., the appointment of civil, military, and ecclesiastical officials; the conduct of foreign relations; the promulgation of the laws, and of decrees, instructions, and regulations requisite to the proper execution of the laws; the ordering, not less frequently than quadrennially, of an election of a new Cortes; and the supervision, in conformity with the constitution, of "all things which bear upon the internal and external security of the state."[878]Among modern constitutions those of Portugal and Brazil are unique in the distinction drawn between powers that are executive and powers that are "moderative." Under the head of moderative powers the Portuguese constitution vested in the crown the nomination of peers, the convening of the Cortes in extraordinary session, approval of the measures of the Cortes to the end that they might acquire the force of law, the proroguing and adjourning of the Cortes and the dissolving of the House of Deputies, the appointing and dismissing of ministers, the granting of amnesties, and the remitting or reducing of penalties imposed upon offenders by judicial sentence. The theory was that these were powers which the sovereign exercised in the capacity of mediator between the several organs of the governmental system, and by the constitution it was declared that this moderative power was the keystone of the entire political organization. The distinction, however, while from a certain point of view logical enough, does not appear to have possessed much practical importance.
703. The Cortes.—Powers of a legislative character were vested in the sovereign conjointly with a parliament of two chambers, theCamara dos Pares, or House of Peers, and theCamara dos Deputados, or House of Deputies. Collectively, the two houses were known as theCortes Feraes, or, more briefly, the Cortes. Until 1885 the House of Peersconsisted of members of two classes, those who sat by hereditary right and those who were nominated by the crown for life. By the constitutional amendment of July 24, 1885, hereditary peerages were put in the way of gradual abolition and it was stipulated that when they should have been extinguished the chamber should be composed of princes of the royal blood, the archbishops and bishops of Portugal proper, 100 members appointed by the king for life, and 50 members elected every new parliament by the lower chamber. By amendment of September 25, 1895, however, the 50 elective peerages were abolished and the number of royal appointees was reduced to 90. In 1910, therefore, the chamber was made up of (1) princes of the royal blood who had attained the age of twenty-five; (2) surviving peers whose hereditary right antedated 1885, together with their immediate successors; (3) the Patriarch of Lisbon and the archbishops and bishops of the continental territory of the kingdom; and (4) the 90 life peers nominated by the crown. In the nomination of peers the crown was restricted only by the requirement that members must have attained the age of forty and must be able to meet a considerable property qualification.
The House of Deputies, as regulated by the law of August 8, 1901, was composed of 155 members, of whom 148 represented the 26 electoral circles of Portugal, the Azores, and Madeira,[879]and 7 represented the colonies. By amendment of 1885 provision was made for the representation of minorities, and of the 155 members in 1910, 35 sat as minority representatives. This result was attained through an arrangement whereby in circles which elected more than one deputy each elector voted for one or two fewer than the number of seats to be filled. Deputies were chosen by direct election, and in the choice all male citizens twenty-one years of age were entitled to participate, provided they paid taxes aggregating 500reis(about 56 cents) annually or were able to read and write. Convicts, beggars, bankrupts, domestic servants, workingmen permanently employed by the state, and soldiers and sailors below the rank of commissioned officer were disqualified. In point of fact, the prevalence of poverty and of illiteracy operated to confine the franchise within very narrow limits. Peers, naturalized aliens, persons not qualified to vote, and certain employees of the state were ineligible for election, and deputies were required to possess an income of not less than 400 milreis ($425) annually, or to be graduates of a professional, secondary, or higher school. After 1892 no deputies, save those representing the colonies, were paid salaries.
Sessionsof the Cortes were required to be opened by the crown on the second day of January of each year. According to the amendment of July 24, 1885, a regular session lasted three months and each Cortes, unless sooner dissolved, lasted three years. The president and vice-president of the House of Peers were appointed by the crown; likewise the corresponding officials of the House of Deputies, from a list of five nominees presented by that body. Each chamber was authorized to choose its own secretaries, to pass upon the qualifications of its members, and to frame its rules of procedure. Except at times when the welfare of the state demanded secrecy, sessions were required to be public. To the lower chamber was committed the initiative in all matters pertaining to taxation, the recruiting of troops, the investigation of the administrative offices, and the consideration of propositions submitted by the executive. Upon it, likewise, was conferred exclusive power to impeach ministers and councillors of state. The right to initiate measures in general was vested in each of the two houses, as well as in the Government. Ministers were privileged to attend legislative sessions and to participate in debate. It was required that the sovereign should give or refuse his approval of every measure within a month after it should have been presented to him.[880]
704. The Judiciary and Local Government.—The judicial hierarchy consisted of 193 courts of first instance, one in each of an equal number ofcomarcas, or districts; three courts of appeal, sitting at Lisbon, Oporto, and Ponta Delgada (in the Azores); and a Supreme Court at Lisbon. Judges were appointed by the crown, and were irremovable save in consequence of judicial sentence. In the trial of criminal cases the English jury system was in vogue, although it operated but indifferently. The functions of the Supreme Court were those of hearing appeals from the inferior tribunals, trying cases involving judges of the appellate courts and members of the diplomatic corps, and deciding conflicts of jurisdiction.[881]
Early in the nineteenth century continental Portugal was divided for administrative purposes into six provinces, delimited in a large measure in accordance with the physical configuration of the country. In 1836 the province ceased to be an administrative unit and, after a period of readjustment, there was established by law of March 18, 1842, an administrative hierarchy which in its more important aspects has survived to the present day. Under that measure the realm was divided into 21 districts (17 continental and 4 insular), 292concelhos, or communes (263 continental and 29 insular), and 3,690freguezias, or parishes(3,788 continental and 172 insular). Until 1910 the government of the district was vested in a commission consisting of two members appointed by the central authorities and three elected triennially by delegates from the communal councils. Of the two centrally appointed members, one, the governor, presided over the commission; the other was an administrative auditor. Among the functions of the commission was that of sitting as an administrative court. The commune was governed by a mayor, appointed by the central authorities on nomination of the governor of the district, and a council of five to fifteen members elected on a single ticket by the communal voters. The council was presided over, not by the mayor, but by one of its own members. The governing agencies of the parish were an elected council (junta de parochia), presided over by the parish priest, and theregidor, named by the district governor to represent the interests of the central government. Throughout the entire system the preponderating fact was the thoroughgoing centralization which, through the governors, mayors, andregadores, the authorities at Lisbon were able to maintain.
705. Political Unsettlement, 1908-1910.—The period of two and a half years which elapsed between the accession of Manoel II., in February, 1908, and his deposition, in October, 1910, was one of continued political stress. The sovereign was youthful, inexperienced, and lacking in political training. His advisers were divided in their counsels and impelled largely by selfish motives, and in the teeth of rapidly spreading republican and socialist propaganda the old dynastic parties kept up unremittingly their unseemly recriminations. In February, 1909, the king called into consultation the leaders of the various monarchist groups and sought to impress upon them the necessity of co-operation, and when the Cortes was convened, March 1, the Speech from the Throne announced optimistically a programme of constructive legislation, embracing, among other things, the enactment of more liberal press laws, a reform of primary education, and a readjustment of taxation. Within the Cortes, however, it was found impossible to carry any one of the measures proposed and, March 29, the Henriquez ministry, after only three months in office, resigned. During the remainder of the year three successive ministries were set up: that of General Sebastiano Telles, which lasted only from April 11 until May 4; that of Wencelao de Lima, extending from May 4 to December 21; and that of Beirao, which continued from December 21 to early June of the following year. The De Lima cabinet was formed fromelements which stood largely outside the swirl of party politics, but the Republican and Regenerador opposition was so intense that nothing could be accomplished by it. The Beirao government by which it was succeeded was composed entirely of Progressives. The Speech from the Throne at the convening of the Cortes, January 2, 1910, ignored completely the grim realities of the political situation. Ostensibly to afford the Beirao ministry an opportunity to formulate a programme, the session was adjourned until March 3, at which time the members reassembled, only to be sent back again to their homes until June 1. At the second reassembling the ministry was opposed with such virulence that it at once retired and, after some delay, the Regeneradors came into power under Teixeira de Sousa. The Cortes was dissolved and a national election, accompanied by grave disorders, was held, August 28. At the election the Regeneradors obtained 80 seats, the Progressives 43, the Republicans 14 (twice as many as they had ever obtained before), and the Independents 2.[882]The new Cortes assembled September 23; but two days later it was adjourned until December 12, and, in point of fact, it never sat again.
706. Overthrow of the Monarchy.—During many months a plot had been ripening in Republican circles looking toward the deposition of the king, the overthrow of the monarchy, and the proclamation of a republic. By reason of the confusion and repression which prevailed perennially in Portuguese politics, the actual strength, numerically and otherwise, of republicanism in the kingdom in 1910 cannot be known. But it is sufficiently clear that the propaganda of the past thirty years had borne much fruit and that among the artisan, trader, and small burgher classes, and especially in the ranks of the army and the navy, the enemies of the monarchy had come to be numerous and influential. The leaders of the republican movement represented, on the whole, the best educated and most progressive elements of the country—largely lawyers, physicians, journalists and other men of the professions and of business. In the later summer of 1910 various intimations of a far-reaching revolutionary plot were received by the Government and the date (September 14) which was at one time fixed for the insurrection proved an impracticable one because the authorities became aware of the project and subverted the republican plans by ordering the warships on that day to quit the Tagus. Within official circles it was generally assumed that the revolutionists, balked once, would return to the project. The crash came, however, at a momentwhen the Government was entirely off its guard, and its effects were unexpectedly summary. The immediate incident by which it was precipitated was the assassination in Lisbon, October 3, of a distinguished Republican member of the Cortes, Dr. Miguel Bombarda. Whether justly or not, the assassination was interpreted by the populace as a political crime, and to the disaffected elements of the army and navy the occasion seemed ripe for the execution of the contemplatedcoup. October 4 open revolt broke out among the national troops, and during the ensuing forty-eight hours a handful of soldiers and sailors, aided by armed civilians, acquired the mastery of the capital, put the king to flight, won over the country to their cause, and proclaimed the establishment of a republican form of government. The revolutionists were organized, the royalists were not, and the defeat of the latter was complete. It was also substantially bloodless. King Manoel, and the queen-mother Amelia, contriving an escape from the royal palace, made their way to Eraceira, and thence to Gibraltar. Subsequently they were conveyed to England.
707. Measures of the Provisional Government.—Meanwhile, October 5, there was established at Lisbon a provisional government composed of nine ministers and presided over by the scholar and litterateur, Theophile Braga. The members of this government were drawn principally from the group of Republican deputies representing the Lisbon constituencies. A few had held high office under the monarchy, but most of them, including Braga, were men of little or no experience in administrative work. The flight of the king and the collapse of the monarchist cause cleared the way for a speedy establishment of the new order, and without awaiting a formal remodelling of the constitution, the Braga government proceeded to carry into execution a number of features of the Republican programme. October 7 it promised amnesty to political and press exiles, the revocation of various illiberal press and judicial laws, the suppression of summary magisterial powers, and a long list of other administrative and judicial reforms. October 18 it abolished the monarchy and proscribed forever the royal house of Braganza. On the same day it abolished likewise the Council of State and the House of Peers, together with all hereditary titles and privileges. In the course of further measures of reform relating to public finance, agriculture, education, religion, and social welfare, it issued a new electoral law and effected arrangements for the convening of a national assembly to which should be committed the task of framing a republican constitution. The electoral decree of March 15, 1911, conferred the franchise upon all Portuguese citizens of the age of twenty-one who under the monarchy were entitled to its exercise,and upon all, in addition, who were able to read and write, barring soldiers, bankrupts, and ex-convicts. The two cities, Lisbon, and Oporto, were created electoral districts in each of which eight members were to be chosen byscrutin de listeafter the Belgian, or d'Hondt, plan of proportional representation, and the remainder of the country (including the colonies) was divided into districts in each of which four members were to be chosen, also with provision for the representation of minorities.
708. The Constitution Framed and the Government Organized.—The elections to the Constituent Assembly took place May 28, 1911. There were no monarchist candidates and, there having been neither time nor occasion for the appearance of serious differences among the Republicans, the event was attended by little excitement and by no disorder. In many districts the candidates approved by the Provisional Government were unopposed. The Assembly was convened June 19. By unanimous vote of its 192 members the decree by which the monarchy had been abolished and the Braganza dynasty banished was enacted into law, whereupon the body addressed itself to the framing of a budget and the adoption of organic laws relating to the nature and manner of exercise of the political powers of the republic. A draft of the constitution, framed by the Republican leaders, was read to the delegates July 3, and August 18 it was voted, amid general acclamations, almost without modification. The presidential election was fixed for August 23. Of the two principal candidates, Dr. Manoel Arriaga represented the more moderate wing of the Republican element, Dr. Machado Santos (the provisional president) the more radical. Dr. Arriaga was elected by a vote of 121 to 86. August 24 the Assembly terminated its proceedings and the new constitution was put in operation. The first cabinet, presided over by João Chagas, was announced at the beginning of September. It was at this point that France, Spain, and a number of other European powers for the first time recognized officially the republic's existence. The difficulties encountered by the new régime—royalist invasions, outbreaks of disaffection, strikes, lack of funds—were numerous. Not the least serious was the inevitable rise of differences among the Republicans themselves. During the autumn of 1911 the Moderates split into two rival groups, and the more important of them, led by Dr. Almeida, definitely withdrew its support from the Government. The result was a ministerial crisis, and November 7 the Chagas cabinet resigned. The new "ministry of concentration" formed by the radical Vasconcellos was composed of eight members divided almost equally between the Moderates and the Democrats. In more recent days the lines of partycleavage have tended to be accentuated and the stability, if not the existence, of the republic to be increasingly menaced. In June, 1912, a new ministry was constituted under Leite, in which all of the groups in the lower chamber were represented. There is reason to apprehend that, in the event of the survival of the republic, the outcome will be at best but the resuscitation, under other names and forms, of the long-endured rotativist régime.
709. Constitutional Guarantees: Amendment.—Aside from five articles of a temporary nature, the constitution of 1911 is arranged in eighty-two articles, grouped in seven "titles" or divisions. The two divisions of principal length are those which relate to the rights and liberties of the individual and the organs and exercise of sovereign power. The guarantees extended the individual comprise a bill of rights hardly paralleled in comprehensiveness among the constitutions of European nations. To Portuguese citizens and to aliens resident in the country are pledged full liberty of conscience, freedom of speech, freedom of the press, liberty of association, inviolability of domicile and of property, the privilege of the writ of habeas corpus, privacy of correspondence, and freedom of employment and of trade save only when restriction is required for the public good. Law is declared to be uniform for all and no public privilege may be enjoyed by reason of birth or title. No one may be required to pay a tax which has not been levied by the legislative chambers or by an administrative authority specifically qualified by law, and, save in case of enumerated offenses of serious import, no one may be imprisoned except upon accusation according to the forms of law. No one may be compelled to perform an act, or to refrain from the performance of an act, except by warrant of law.
The constitution is subject to amendment under regulations of a somewhat curious character. Revision of the fundamental law may be undertaken normally by Congress at the end of every decennial period, the Congress whose mandate coincides with the period of revision being endowed automatically with constituent powers and the process of revision differing in no respect from that of ordinary legislation. At the end of a five-year period from the date of promulgation, however, amendment may be undertaken, providing two-thirds of the members of the chambers sitting jointly vote favorably. Under all circumstances amendments must be specific rather than general, and in no case may an amendment be received or debated which has for its object the abolition of the republican form of government.
710.The President and the Ministry.—Sovereignty is lodged in the nation, and the organs of the sovereign will are the independent but supposedly harmonious executive, legislative, and judicial authorities. The powers of the executive are exercised by the President and the ministers. The President is chosen by the two houses of Congress assembled in joint session sixty days prior to the expiration of the presidential term. Voting is by secret ballot and a two-thirds majority is required for election, although in default of such a majority choice is made on the third ballot by simple plurality between the two candidates receiving the largest number of votes. If the office falls vacant unexpectedly the chambers choose in the same manner a president to complete the unexpired term. The term is four years, and after retiring from office an ex-president may not be re-elected for a full term prior to the lapse of four more years. Only native Portuguese citizens at least thirty-five years of age are eligible. Without the permission of Congress the President may not absent himself from the national territory, and he may be removed from office by the vote of two-thirds of the members of the chambers sitting jointly. The duties of the President are, among other things, to negotiate treaties and to represent the nation in its external relations generally, to appoint and dismiss the ministers and public officials, to summon the Congress in extraordinary session, to promulgate the laws of Congress, together with the instructions and regulations necessary for their enforcement, and to remit and commute penalties. If two-thirds of the members of the chambers so request, projected treaties of alliance must be laid before Congress, and the appointment and suspension of public officials may be effected only on proposal of the ministers. Every act of the President must be countersigned by at least one minister, and every minister is responsible politically and legally for all acts which he countersigns or executes. One member of the ministerial group, designated by the President, exercises the functions of premier. Ministers may be members of Congress, and in any case they are privileged to appear in the chambers to defend their acts. Among offenses for which ministers may be held to account in the ordinary tribunals the constitution specifies all acts which tend to subvert the independence of the nation, the inviolability of the constitution and of the republican form of government, the political and legal rights of the individual, the internal peace of the country, or the probity of administrative procedure. The penalty imposed for guilt in respect to any of these offenses is removal from office and disqualification to hold office thereafter.[883]
711.Congress.—The exercise of legislative power is vested exclusively in Congress. There are two houses, the Council of Municipalities, or senate, and the National Council, or chamber of deputies. The members of both are chosen by direct vote of the people. Senators are elected for six years, one-half of the body retiring triennially. Each district returns three members, but to assure the representation of minorities electors are permitted to vote for but two. Members of the Chamber of Deputies are chosen for three years. Senators must be at least thirty-five years of age and deputies twenty-five. Congress is required to meet in regular session each year on the second day of December. The period of a session is four months, and a prorogation or an adjournment may be ordered only by the chambers themselves. Extraordinary sessions may be convoked by one-fourth of the members or by the President. Each chamber is authorized to judge the qualifications of its members, to choose its president and other officers, and to fix its rules of procedure. The presiding official at joint sessions is the elder of the two presidents. Members are accorded the usual privileges of speech and immunities from judicial process, and they are guaranteed compensation at rates to be regulated by law.
The functions and powers of the chambers are enumerated in much detail. Most important among them is the enactment, interpretation, suspension, and abrogation of all laws of the republic. Still more comprehensive is the power to supervise the operation of the constitution and of the laws and "to promote the general welfare of the nation." More specifically, the chambers are authorized to levy taxes, vote expenditures, contract loans, provide for the national defense, create public offices, fix salaries, regulate tariffs, coin money, establish standards of weights and measures, emit bills of credit, organize the judiciary, control the administration of national property, approve regulations devised for the enforcement of the laws, and elect the President of the republic. To the Chamber of Deputies is accorded the right to initiate all measures relating to taxes, the organization of the forces on land and on sea, the revision of the constitution, the prorogation or adjournment of legislative sessions, the discussion of proposals made by the President, and the bringing of actions against members of the executive department. Initiative in respect to all other matters may be taken by any member of either branch of Congress or by the President of the republic. A measure which is adopted by a majority vote in each of the two houses is transmitted to the President to be promulgated as law. The President possesses not a shred of veto power. He is required to promulgate within fifteen days any measure duly enacted; if he fails to do so, the measure takes effect none the less. When the chambers fall into disagreement regardingproposed changes in a bill, or when one chamber rejects a bill outright, the subject is debated and a decision is reached in joint session.
712. The Judiciary and Local Government.—The organs of judicial administration comprise courts of first instance, courts of appeal, and a supreme tribunal sitting at the capital. Judges are appointed for life, but may be removed from office in accordance with procedure to be established by law. The employment of the jury is optional with the parties in civil cases but obligatory in all criminal cases of serious import. With respect to local government the constitution goes no further than to lay down certain general principles and to enjoin that the actual working arrangements be regulated by subsequent legislation. Among the principles enumerated are the immunity of the local authorities from intervention on the part of the central executive power, the revision of the acts of the public officials in administrative tribunals, the fiscal independence of the local governmental units, and, finally, the employment for local purposes of both proportional representation and the referendum.[884]