« AnteriorContinuar »
each rank; the rules of admiflion and IV. The Legislative Body has the right promotion; the forms of enrolment and of determining, the place of its sittings, discharge ; thc jo mation of navai equip- of continuing them as long as it hall ments ; ! he admion of foreign troops, think necessary, and of adjourning: at or naval forces into the French service, the commencement of each reign, if it. an i the pensions to troops on being dise is not fitting, it shall be bound to meet banded.
without delay : 9. To regulate the administration and It has the right of police in the place thé alienation of the National Domains. of its fitting, and to such extent around
10. To prosecute before the nigh Na- it as shall be determined: tional Court, the ministers and principal It has the right of discipline over its agents of the executive power, on their members; but it can pronounce no hearesponsibility.
vier punishment than censure, arrest for To accufe and profecute, before the eight days, or imprisonment for three: fame court, those who shall be charged Ii has the rigtii of disposing, for its with any offence or conspiracy against safety and the respect that is due to it of the general safety of the fate or the con- 'the forces, which shall be eftablished by ftitution.
its confent, in the city where it shall hold 11. To establish the rules according its fittings. to which marks of honour or decorations V. The Executive Power cannot merely personal fall be granted to thoic march, or quarrer, or station, any troops who have done service to the state. of the line, within thirty-thousand toi.
12. The Legillative Body has the sole fes of the Legillative Body, except on right of decreeing pofthumous honours the requisition, or by the authority of to the memory of great men.
that body. II. War cannot be resolved on but by a decree of the National Assembly,
SECTION II. pafred on the formal and necesary proposition of the King, and fanctioned by HOLDING OF THE SITTINGS, AND FORM him: In case of hoftilities, imminent or com
I. T'he deliberations of the Legislative menced, of an ally to be supported, or a
Body shall be public, and the minutes of right to be maintained by force of arms the litsings thall be printed. the King shall give notification without II. The Legislative Body may, howe delay to the Legislative Body, with an ever, on any occasion, form itself into a explanation of the reasons :
general committee : If the L gislative Body decide that Fifty members shall have a right to dee war ought not to be made, the King mand it ; Mall inltanily take measures to prevent
During the continuance of the geneor put a stop to hoftilities, the Ministers ral committee, the assistants shall retirc, being responsible for all delays :
the chair of the Presid nt fall be vacant, If the Legislative Body find that the order shall be maintained by the Vicehoftilities commenced are a cupable ag
President. gression on the part of Minifters, or any
The decrees cannot be passed, except other agent of the Executive Power, the in a public fitting. author of the aggreffion Thall be prose III. No Legislative act can be debatcured criminally:
ed and decreed, except in the following During the whole course of war, the form: Legislative Body may require the King iV. The plan of a decree shall be read to negociate peace, and the King is bound thrice, at three intervals, the th rteft of to yield to this requisition ;
which cannot be less than tighe days: On the immediate conclusion of war,
V. The difcuffion shall be open after the Legislative Body Tall fix the time every reading ; nevertheless, after the within wisich the troops levied above the first or second reading, the Legislative peace establishment shall be discharged, Body may ceclare that there is reaioni and the army reduced to its ordinary ef. for adjournment, or that there is no room tablishment.
for deliberation in this iaft case, the plan. III. It belongs to the Legislative Body of the decree nay be introduced again in to ratify treaties of peace, alliance, and the fame fefion : commerce; and no treaty Mall have ef VI. Aftei the third reading, the Prefeir, bụt by this ratification,
fident thull be bound to propose to their
WITH THE KING.
delibcration; and the Legislative Body shall fame time, for sanction, other Deerces as ino decide, whether they are qualified to pass a separable. definitive decree, or would rather chuse to VII. The Decree fanctioned by the King, postpone their decision, in order to gather and those which have been presented to him more ample information on the subject : by three successive Legislatures alone have
VII. The Legislative Body cannot deli- the force, and bear the name and title of berate, if the fitting do not consist of at Laws. least 200 members, and no decree shall be VIII. Exempting however from sancion made, except by the ab.olute majority of those ads of the Legislative Body, which
relate to its Constitution, as a deliberating VIII No plan of a law which, after Assembly; having been submitted to discussion, shall Its interior Police : have been rejected after the third reading, The verification of the powers of the can again be introduced the same fefsion : members present :
IX. The preamble of every definitive de The injunctions to abfent members : cree, shall announce, ift, The dates of those The Convocation of the Primary Assem-' three fittings, at which the plan of the de- blies in case of delay: crec was read; 2d, The decree by which it The exercise of Constitutional Superinthall have been appointed after the third tendance over the Administration : reading to decide definitively.
Questions of eligibility or the validity of X. The King shall refuse his fanction elections : to decrees, whose preamble shall not attest Exempting likewise from fanction, acto the observance of the above forms; if
any relative to the responsibili:y of Ministers; of those decrees be sanctioned, the ministers and all Decrees importing that there is ground shall neither put to it the scal, nor promul- of accusation. gate it, and their responsibility in this respect shall continue fix years :
SECTION IV. XI. Excepting from these regulations, CONNECTION QF THE LEGISLATIVI BODY decrees recognised, and declared urgent by a previous deliberation of the Legislative Body; but they may be modified, or revok I. When the Legislative Body is definied, in the course of the same fefsion. tively constituted, it shall send a Deputa
tion to inform the King The King may SECTION III.
every year open the Seffion, and propofe the objects, which, during its continuance, he
thinks ought to be taken into confideration; 1. The Decrees of the Legislative Body this forin, however, is not to be considered are presented to the King, who may refuse as necessary to the activity of the Legislathem his assent.
tive Body Hl. In the case of a refusal of the Royal II. When the Legifative Body wishes to Afient, that refusal is only suspensive. a journ longer than fifteen days, it is bound When the two following Legislatures fall to inform the King, by a Deputation, at fucceíiively present the same decree in the least eight days previous to the adjournfame terms in which it was originally conceived, the King shail be deemed to have III. Eight days, at least, before the end given his fanction.
of each Session, the Legislative Body shall II. The asient of the King is expressed send a ation to the King, to announce to each decree, by the following formula, to him the day on which it propofes to terfigned by the King; The King confents ; and minate its kitiings: the King may come in will caufs it to be executed :
order to clofe the Session. The fufpensive refusal is thus expressed : IV. If the King finds it of importance to The King will examine.
the welfare of the State, that the Session he IV. The King is bound to exprefs his af- continued, or that the adjournment be put fent or refusal to each decree within two off, or take place only for a shorter time, he months after it shall have been presented; may send a message to this effect, on which, after that period, his Gilence shall be deemed the Legislative Body is bound to deliber-, a refufal.
V. No Decree to which the King has re V. The King shall convoke the Legislafused his affent can be presented to him by tive Body during the interval of its Seffion, the same Legislature.
as often as the interest of the State shall apVI. 'The Legislative Body cannot insert pear to him to require it, as well as in in Decrees relative to 'the eftablishment or those cases which the Legislative Body shall continuation of Impofts, any regulation fo- have foreseen and determined previous to Teign to that subject, npr prelent, at the their adjournment.
OF THE ROYAL SANCTION.
OF THE EXERCISE OF THE EXECUTIVE
V!. Whenever the King Tall visit the in the chief of the management of contriplace of meeting of the Legislative Body, butions, indirect ; he shall be received, and conducted back by He superintends the coinage of money, a Deputation; he cannot be accompanied and appoints the others entrulted with this in n the inner part of the Hall by any ex- fuperiatendance in the general commission cept Miniters:
and the mints; VII. The President can in nó calc form The effigy of the king is struck on all part of a dleputation.
the coinage of the kingdom. VII. The Legislative Body shall cease to III. The King orders letters patent, bre: be a Deliberating Body, whilst the King vets, and commiffions to be delivered to all shall be pref:nt.
the public officers that ought to receiver ix. The acts of correspondence of the them king with the Legislative Body, shall be IV. The King orders a lilt of pensions always countersigned by a Minister. and gratifications to be made out, for the
x. The Minifters of the King shall have purpose of being presented to the Legislativo admission into the Legislative National Af Body each Session. sembly-chey hall have a particular place; they hall be heard on all the subjects on
SECTION 1. which they demand a hearing, and as often
OF THE PROMULGÁA TION OF LAWS. as they hall be called upon to give explaiiations.
1. The executive power is entrusted with
ordering the Seal of State to be put to CHAPTER IV.
Laws, and causing theni to be promulgated.
II Two copies of each law ihall be made, both signed by the King, counterfigned by
the Minister of Justice, and sealed with the 1. The Supreme Executive power resides Seal of State; exclusively in the hands of the King The one shall be deposited in the archives
The King is the Supreme Head of the of the Seal, and the other shall be sent to general administration of the kingdom ; the the archives of the Legislative Body. care of watching over the maintenance of III. The promulgation of Laws shall be public order and tranquillity is entrusted to
in these terms : him:
“ N, (the King's name) by the grace of The King is the Supreme Head of the « God, and the conftitutional law of the. land and sea forces :
“ State, King of the French, to all present To the King is delegated the care of “ and to come, greeting. The National watching over the exterior security of the “ Afiembly has decreed, and we will and kingdom, and of maintaining its rights and “ ordain as follows: poffeflions.
“ (Here a literal copy of the Decree shall II. The King names Ambassadors, and be inserted without any variation.] the other Agents of the Political Negoci “ We command and ordain to all Ad. ations ;
“ ministrative Bodies and Courts of Justice, He befcows the command of armies and “ to cause these presents to be transcribed fleets, and the ranks of Marshal of France on their registers, read, publisher, and and Admirals;
posted up in their Departments and reHe names two thirds of the Rear-ad “ spective places of resort, and executed as mirals, one half of the Lieutenant-generals, a law of the realm ; in witness of which Camp-marihals, Captains of ships, and Co we have figned these presents, to which lonels of the National Gendarmerie ;
we have caused the Seal of the State to He names a third of the Coloncis and Lieutenant-colonels, and a fixth of the IV. If the King is a minor, laws, proLieutenants of ships :
clamations, and other acts proceeding from The whole in conformity to the laws with the Royal authority during the Regency, respect to promotion.
shall be conceived in these terms : He appoints in the Civil Administration “ N, (the name of the Regent) Regent of the Marine, the Directors, the Comp a of the kingdom, in the name of N, (the trollers, the Treasurers of the Arienals, King's name) by the grace of God, and the Masters of Works, the Under-nafters “ the constitutional law of the State, King of Civil Buildings, half of the Masters of 66 of the French," &c. , Administration, and of the Under-masters V. The Executive power is bound to send of Construction;
the laws to the Administrative bodies and He appoints the Commissaries of the Tri Courts of Justice, to see that they are so bunals;
fent, and to answer for it to the Legislative He appoints the Commissioners of the Body. National Treasury, and the Superintendants VI. The Executive Power cannot make Y VOL. XIV. No. 80.
6 be put."
OF THE INTERIOR ADMINISTRATION,
any law, not even provisional, but merely tioned to those of the neighbouring States, proclamations, conformable to the laws, to distribute the land and sea" forces as he shall ordain or enforce the execution.
judge most suitable, and regulate their dia
rection in case of war. SECTION II.
II. Every declaration of war shall be made in these terms: By the King of the
French in the name of the nation. 1. There is in each department a superior HI. It belongs to the King to resolve and Administration, and in each district a fub- fign with all foreign powers all treaties of ordinate Administration.
peace, alliance, and commerce, and other II. The Administrators have no character conventions, which he fall judge neceffary of representation;
for the welfare of the State, with a referve They are agents chosen for a' tine by the for the ratification of the Legislative people, to exercise, under their superinten- Body. dance and the authority the law, the administrative functions.
CHAPTER V. III. They can affume no authority over judicial proceediugs, or over military dis
OF THE JUDICIAL POWER. positions and operations. IV. It belongs to the Legislative Power
I, The Judicial Power can in no case be to determine the extent and the rules of exercised either by the Legiilative Body or
the King their functions. V. The King has the right of annulling
II. Juitice shall be gratuitously rendered such acts of the Adıninistrators of depart- by Judges chosen for a time by the people,
instituted by letters patent of the King, ment, as are contrary to the law, or the or:
and who cannot be deposed, except from a ders transmitted to them: He may, in case of obstinate disobedience, from an accusation admitted.
forfeiture duly judged, or fu pended, except or of their endangering, by their acts, the safety or peace of the public, fufpend fere in the exercise of the Legislative Power,
III. The Tribunals cannot either interthem from their functions. VI. The Adnjinistrators of Department
or suspend the execution of the laws, or unhave also the right of amulling the acts of dertake the administrative functions, or cite
before them the administrators on accomit, Sub-Administrators of Ditrict, contrary to
of their functions. the laws or decrees of Administrator's of Department, or to the orders which the lat- the Judges whom the law
alligns to them by
IV. No citizens can be withdrawn from ter shall have given or tranfmitted.They may likewife, in case of ar obltinate dit any coinmillion, or by any other attributions
or evocations than those which are deter obedience on the part of the Sab-Administrators; or if the latter endanger, by their mined by the laws.
V. The orders issued for executing the acts, the public safety, or tranquillity, fufpend them from their functions, with the re
judgments of the Tribunals Thall be concei
ved in these terms: ferve of informing the King, who máy remove or confirm the fufpenfion.
« N, (the name of the King) by the Grace VII. The King, if tie administrators of " of God and by the confticutional law of department shall not use the power which is “ the State, King of tlie French, to all predelegated to them in the article above, “ sent and th come, greeting : the Tribunal inay directly annud, the acts of Sub-Admi.
has paffed the following judgnistrators, and suspend them in the fame “ ment : cases. VIII
. Whenever the King shall pronounce [Here hall follow a copy of the judg. or confirm the suspension of Admninistrators,
ment.] he shall inform the Legislative Body : “ We charge and enjoin all officers upon This Body nay either remove or confirm
“ the present demand, to put the fame judgthe suspension, or even dissolve the culpable
“ment into execution, to our Comillioners Administration; and, if there is ground, of the 'Tribunals to inforce the same, and remit all the Administrators, or fone of
" to all the Commanders and Officers of them to the criminal tribunals, or enforce
“the public force to be allisting with their against them the decree of accufation.
force, when it firall be legally required. In
“ witness of which, the present judgment SECTION LII.
“ has been sealed and signed by the Prefident
the Tribunal, and by the Register.”
VI. There shall be one or more Judges of 1!. The King alone can interfere in fo- Peace in the Cantons and in the Cities. The reign political connections, conduct negoci- nunber shall be determined by the Legislaations, make preparations of war propora tive
OF EXTERIOR CONNECTIONS.
VII. It belongs to the Legislative Power It shall not assemble, but on the proclamato regulate the districts of Tribunals, and tion of the Legislative Body. the number of Tudges of which each Tribu-, XIV. The functions of the King's Com. nal fall be coiled,
missioners in the Tribunals, shall be to re-, VIII. In criminal matters, no citizen can quire the observance of the law in the judgbe judged, except on an accusation received ments to be given, and to cause them to be by Jurors, or decreed by the Legislative, executed after they are passed : Body in the cases in which it belongs to it They shall not be public accusers; but to prosecute the accusation :
they shall be heard on all accusations, and After the accusation shall be admitted, shall require, during process, regularity of the fact shall be examined, and declared by forms, and before judgment the application the Jurcrs :
of the law. The accuser shall have the privilege of re XV, The King's Commissioners in the jeding twenty :
Tribunals shall represent to the Director of The Jurors who declare the fact shall not the Jury, either officially or according to oro be fewer than twelve:
ders given them by the King, The application of the law Mail be made Offences against the individual liberty of by all the judges :
citizer.s, against the free circulation of pros The process shall be public ::
visions, and the collection of contributions ; No man acquitted by a legal Jury can be Offences by which the execution of orders apprehended or accused on account of the given“by the King, in the exercise of the fame fact.
funtions delegated to him, shall be disturbIX. For the whole kingdom there mall ed or impeded; and opposition to the exebe one tribunal of appeal, established near cution of judgments, and all executive acts the l.egislative Body. Its funcions shall be proceeding from established powers. to pronounce,
XVI. The Minister of Justice shall repre. On appeals from the judgments of the sent to the Tribunal of Appeal, by means of tribunais;
the King's Commissioner, the acts by which On appeals from the judgment of one tri- the Judges have exceeded their jurisdiction : buual to another on lawful cause of fufpit. The Tribunal shall annul these acts, and cion;
if they give ground for forfeiture, the fact, On the regulations of Judges, and excep shall be represented to the Legislative Body, tions to a whole tribunal.
01. which shall pass the decree of accusation, and X. The tribunal of appeal can never en refer the parties informed against to the ter into an original examination of a case, High National Court. but after annulling a judgment in a process, in which the forms have been violated, or
HEAD IV. shall contain an express contravention of law, it shall refer the merits of the case to the tribumal that ought to take cognizance of them.
1. The Public Force-is instituted to defend XI. When, after two appeals, the judg-" the State against external enemies; and tp ment of the third tribunal shall be queition- maintain internal order and the execution of ed in the lame way as that of the former the laws. two, the case hall not be carried again to II. It is composed of the Land and Sea the tribunal of appeal, without being first force; of the troops specially destined for, submitted to the Legislative Body, which home service; and, subsidiarily of the active shall pais a decree declaratory of the law, to citizens and their children of age to bear which the tribunal of appeal shall be bound arms, registered in the roll of National to conform.
Guards. XII. The tribunal of appeal shall be
, III. The National Guards do not form a bound to send every year to the bar of the military body, or an in vitution in the State; Legislative Body, a deputation of eight of they are the citizens themselves called to arits members, to present a statement of the fik the public force. judgments given, with an abstract of the IV. 'l'he citizens can never embody theni, case annexed to each, and the text of the law, felves, or act as national Guards, but by viro which was the ground of the decision. tue of a requisition, or a legal authority:
XIll. A High National Court, composed They are subject in this quality to an orof Members of the Tribunal of Appeal and ganization, to be determined by the law: High Jurors, shall take cognizance of the They shall be distinguished in the whole crimes of Ministers, and the principal Agents kingdom by only one form of discipline, and of the Executive Power, and of crimes which one uniform. attack the general safety of the State, when V. Distinctions of rank and subordination the Legislative Lody hall pals a decree of fubfift only relative to the service, and during accusation:
OF THE PUBLIC FORCE.