his civil and political rights shall be an elector, provided that he show:

I. That he has a clear annual income of one hundred milreis, derived from real property, capital, commerce, industry, or permanent employment.

II. That he has attained his legal majority.

Persons of twenty-one belonging to either of the following classes shall be considered as of age:

1) Priests of the sacred orders.

2) Married men.

3) Officers of the army and navy.

4) Possessors of literary titles, in conformity with law. Possessors of literary titles shall not be required to make any proof of their income.

ART. 6. The following shall be excluded from voting:

1) Servants, exclusive of bookkeepers and clerks in commercial houses, of servants of the royal house who are not of the white lace, and of managers of farms and factories.

2) Persons who are not allowed the administration of their property and those charged with crime or under trial.

3) Freed slaves.

ART. 7. All persons having the right to vote may also be elected as deputies, without conditions as to permanent or temporary residence, or place of birth.

The following are excepted:

1) Naturalized foreigners.

2) Those who do not have a clear annual income of four hundred milreis derived from the sources enumerated in Art. 5 of the present additional act, or who do not possess the the constitution deputies were elected indirectly by provincial electors chosen in parochial assemblies. The election of deputies is now further regulated by the law of August 8, 1901. A system of minority or proportional representation prevails. In each circle which elects more than one deputy, each person votes for one or two less than the number to be chosen; e. g., in the eastern circle of Lisbon seven deputies are chosen, but each person votes for only five candidates.

qualifications and literary titles referred to in the second clause of that article.

ART. 8. Those who do not have the right to vote in the election of deputies shall not have the right to vote in the elections of any other public officers.

ART. 9. The electoral law shall determine:

1) The electoral procedure, and the number of deputies to be apportioned to the population of the kingdom.

2) The offices which are incompatible with the position of deputy.

3) The cases in which, by reason of the exercise of public functions, certain citizens shall respectively be ineligible.

4) The manner and form in which proof of income may be made in the various continental provinces of the kingdom, in the adjacent islands, and beyond the seas.

5) The literary titles which supplement age and which relieve from proof of income.

TITLE V. THE KING

CHAPTES I. THE MODERATIVE POWER

ART. 71. The moderative power is the keystone of the whole political organization and shall belong exclusively to the King as the supreme head of the nation, for he constantly watches over the maintenance of the independence, equilibrium, and harmony of the other public powers.

ART. 72. The person of the King is sacred and inviolable. He shall be subject to no responsibility whatever.

ART. 73. His titles are: King of Portugal, and of Algarves on both sides of the sea, in Africa, Lord of Guinea, and of the conquest, navigation, and commerce of Ethiopia, Arabia, Persia, and India, etc. He shall be addressed as Most Faithful Majesty.

ART. 74. The King shall exercise the moderative power under the responsibility of his ministers :14

14 As amended July 24, 1885.

1) Appointing peers to the number of ninety, without other restriction than that provided by article 2 of the present law.15

2) Convening the General Cortes in extraordinary session, when the interests of the kingdom require it.

3) Approving the decrees and resolutions of the General Cortes, in order that they may have the force of law (Art. 55).

4) Proroguing or adjourning the General Cortes, and dissolving the House of Deputies in the cases in which the safety of the state may require it, convening immediately a new House.

[Proroguing or adjourning the General Cortes, and in the terms of paragraph 4 of Art. 74 of the constitutional charter, dissolving the House of Deputies and convening another to replace it.16]

5) Appointing and dismissing without restraint the ministers of state.

6) Suspending judges, in the cases referred to by Art. 121. 7) Remitting or reducing penalties imposed upon criminals condemned by virtue of a judicial sentence, with the exception of ministers of state sentenced for crimes committed in the exercise of their functions; with respect to ministers the royal prerogative shall be exercised only upon petition of one of the legislative houses.1

17

8) Granting amnesty in urgent cases, when the interests of humanity and the welfare of the state should make it advisable.

CHAPTER II. THE EXECUTIVE POWER

ART. 75. The King shall be the head of the executive power, and shall exercise it through his ministers of state. His principal powers shall be:

1) To call the elections for the new regular General Cortes on the second day of March of the fourth year of the existing 15 As amended April 3, 1896.

16 Idem.

17 Idem.

Cortes; in the Portuguese possessions the elections shall be held a year earlier.

2) To appoint bishops and to bestow ecclesiastical benefices.

3) To appoint judges.

4) To appoint other civil and political officers.

5) To appoint the commanders of the land and naval forces and to remove them, when the welfare of the state requires it.

6) To appoint ambassadors and other diplomatic and commercial agents.

7) To conduct political negotiations with foreign powers. 8) To make treaties of offensive and defensive alliance, of subsidy and of commerce, bringing them to the knowledge of the General Cortes, after they have been concluded, when the interests and security of the state permit. Treaties concluded in time of peace, which involve the cession or exchange of territory of the kingdom or of possessions belonging to the kingdom, shall not be ratified until after they have been approved by the General Cortes.

[Every treaty, concordat, or convention which the government may conclude with any foreign power shall, before ratification, be approved by the Cortes in secret session.18]

9) To declare war and to make peace, giving to the assembly such information as may be compatible with the interests and security of the state.

10) To grant naturalization papers, in the manner provided by law.

II) To bestow titles, honors, distinctions, and military orders in recompense for services rendered to the state; the granting of pecuniary rewards shall be subject to the approval of the assembly, unless they may have been already determined upon and fixed by law.

19 Added by Art. 10 of the additional act of July 5, 1852.

12) To issue decrees, instructions, and regulations necessary for the proper execution of the laws.

13) To determine the application of revenue voted by the Cortes for the various branches of the public administration.

14) To give or to refuse his assent to decrees of council, apostolic letters, and to any other ecclesiastical constitutions, which are not in conflict with this constitution, the approval of the Cortes also being necessary, if such ecclesiastical acts contain provisions of general application.19

15) To look after all things which bear upon the internal and external security of the state, in conformity with this constitution.

ART. 76. The King, before being proclaimed, shall take the following oath, before the two houses in joint session, the president of the House of Peers administering the oath:

I swear to maintain the Apostolic Roman Catholic religion and the integrity of the kingdom, to observe and to cause others to observe the political constitution of the Portuguese nation and the other laws of the kingdom, and to look out for the general welfare of the nation, in so far as I am able.

ART. 77. The King shall not absent himself from the kingdom for more than three months without the consent of the Cortes.20

CHAPTER III. THE ROYAL FAMILY AND ITS REVENUE

ART. 78. The heir apparent to the throne shall bear the title of Prince royal; his eldest son shall bear the title of Prince of Beira, and his other children that of Infants. The heir apparent and the Prince of Beira shall be addressed as Royal Highness, the Infants as Highness.

ART. 79. The heir apparent upon reaching the age of fourteen years shall take the following oath before the two

19 Amended by Art. 10 of the additional act of July 5, 1852. See number 8 of this article.

20 As amended July 24, 1885.