each rank; the rules of admiffion and promotion; the forms of enrollment and discharge; the formation of naval equip ments; the admition of foreign troops, or naval forces into the French fervice, and the penfions to troops on being difbanded.

9. To regulate the administration and the alienation of the National Domains. 10. To profecute before the high National Court, the minifters and principal agents of the executive power, on their refponfibility.

To accufe and profecute, before the fame court, thofe who fhall be charged with any offence or confpiracy against the general fafety of the Rate or the conftitution.

11. To establish the rules according to which marks of honour or decorations merely perfonal fhall be granted to thofe who have done fervice to the ftate.

12. The Legislative Body has the fole right of decreeing pofthumous honours to the memory of great men.

II. War cannot be refolved on but by a decree of the National Affembly, paffed on the formal and neceffary propofition of the King, and fanctioned by him:

In cafe of hoftilities, imminent or com menced, of an ally to be fupported, or a right to be maintained by force of arms the King fhall give notification without delay to the Legiflative Body, with an Explanation of the reafons:

If the Legislative Body decide that war ought not to be made, the King fhall inftantly take measures to prevent or put a stop to hoftilities, the Minifters being refpenfible for all delays:

If the Legislative Body find that the hoftilities commenced are a culpable aggreffion on the part of Minifters, or any other agent of the Executive Power, the author of the aggreffion fhall be profecuted criminally:

During the whole courfe of war, the Legislative Body may require the King to negociate peace, and the King is bound to yield to this requifition;

On the immediate conclufion of war, the Legislative Body fhall fix the time within which the troops levied above the peace eftablishment fhall be difcharged, and the army reduced to its ordinary ef. tablishment.

III. It belongs to the Legislative Body to ratify treaties of peace, alliance, and commerce; and no treaty fhall have effet, but by this ratification,

IV. The Legislative Body has the right of determining the place of its fittings, of continuing them as long as it shall think neceffary, and of adjourning: at the commencement of each reign, if it is not fitting, it fhall be bound to meet without delay:

It has the right of police in the place of its fitting, and to fuch extent around it as shall be determined:

It has the right of difcipline over its members; but it can pronounce no hea vier punishment than cenfure, arrest for eight days, or imprifonment for three:

It has the right of difpofing, or its fafety and the relpect that is due to it of the forces, which fhall be established by its confent, in the city where it fhall hold its fittings.

V. The Executive Power cannot march, or quarter, or ftation, any troops. of the line, within thirty-thousand toi fes of the Legiflative Body, except on the requifition, or by the authority of that body.

SECTION II.

HOLDING OF THE SITTINGS, AND FORM OF DELIBERATING.

I. The deliberations of the Legislative Body fhall be public, and the minutes of the fittings fhail be printed.

II. The Legiflative Body may, how ever, on any occafion, form itself into a general committee :

Fifty members fhall have a right to demand it ;

During the continuance of the general committee, the affiftants shall retire, the chair of the Prefid nt shall be vacant, order fhall be maintained by the VicePrefident.

The decrees cannot be paffed, except in a public fitting.

III. No Legislative act can be debated and decreed, except in the following form:

IV. The plan of a decree fhall be read thrice, at three intervals, the shorteft of which cannot be less than eight days:

V. The difcuffion fhall be open after every reading; nevertheless, after the first or fecond reading, the Legislative Body may declare that there is reaton for adjournment, or that there is no room for deliberation in this laft cafe, the plan of the decrce may be introduced again in the fame feffion :

VI. After the third reading, the Prefident fhall be bound to propofe to their deliberation;

deliberation; and the Legislative Body fhall decide, whether they are qualified to pass a definitive decree, or would rather chufe to poftpone their decifion, in order to gather more ample information on the subject:

VII. The Legislative Body cannot deliberate, if the fitting do not confist of at leaft 200 members; and no decree fhall be made, except by the absolute majority of

Votes:

VIII No plan of a law which, after having been fubmitted to difcuffion, shall have been rejected after the third reading, can again be introduced the same feffion :

IX. The preamble of every definitive decree, fhall announce, Ift, The dates of those three fittings, at which the plan of the decree was read; 2d, The decree by which it fhall have been appointed after the third reading to decide definitively.

X. The King fhall refufe his fanction to decrees, whofe preamble fhall not attest the obfervance of the above forms; if any of thofe decrees be fanctioned, the minifters fhall neither put to it the fcal, nor promulgate it, and their responsibility in this refpect fhall continue fix years:

XI. Excepting from thefe regulations, decrees recognised, and declared urgent by a previous deliberation of the Legislative Body; but they may be modified, or revoked, in the courfe of the fame feffion.

SECTION III.

OF THE ROYAL SANCTION.

I. The Decrees of the Legislative Body are prefented to the King, who may refuse them his affent.

II. In the cafe of a refufal of the Royal Affent, that refufal is only fufpenfive. When the two following Legiflatures fhall fucceffively prefent the fame decree in the fame terms in which it was originally conceived, the King fhail be deemed to have given his fanction.

II. The affent of the King is expreffed to each decree, by the following formula, figned by the King; The King confents; and will caufs it to be executed:

The fufpenfive refufal is thus expreffed : The King will examine.

IV. The King is bound to exprefs his affent or refufal to each decree within two months after it fhall have been prefented; after that period, his filence fhall be deemed

a refufal.

V. No Decree to which the King has refufed his affent can be prefented to him by the fame Legiflature.

VI. The Legislative Body cannot infert in Decrees relative to the establishment or continuation of Impofts, any regulation foreign to that fubject, nor prefent, at the

CONNECTION OF 7

THE LEGISLATIVE BODY G WITH THE KING.

1. When the Legislative Body is definitively constituted, it fhall fend a Deputa tion to inform the King The King may every year open the Seffion, and propofe the objects, which, during its continuance, he thinks ought to be taken into confideration; this form, however, is not to be confidered as neceffary to the activity of the Legisla tive Body.

II. When the Legislative Body wishes to adjourn longer than fifteen days, it is bound to inform the King, by a Deputation, at leaft eight days previous to the adjourn

ment.

III. Eight days, at leaft, before the end of each Seffion, the Legislative Body shall fend a Deputation to the King, to announce to him the day on which it propofes to ter minate its fittings: the King may come in order to clofe the Seffion.

IV. If the King finds it of importance to the welfare of the State, that the Seffion he continued, or that the adjournment be put off, or take place only for a fhorter time, he may fend a meffage to this effect, on which the Legiflative Body is bound to deliber

any law, not even provifional, but merely proclamations, conformable to the laws, to ordain or enforce the execution.

SECTION II.

OF THE INTERIOR ADMINISTRATION.

I. There is in each department a fuperior Administration, and in each district a fubordinate Administration.

II. The Adminiftrators have no character of representation;

They are agents chofen for a time by the people, to exercise, under their fuperintendance and the authority of the law, the adminiftrative functions.

III. They can affume no authority over judicial proceediugs, or over military difpofitions and operations.

IV. It belongs to the Legiflative Power to determine the extent and the rules of

their functions.

V. The King has the right of annulling fuch acts of the Administrators of depart ment, as are contrary to the law, or the orders tranfmitted to them:

He may, in cafe of obftinate difobedience, fafety or peace of the public, fufpend or of their endangering, by their acts, the

them from their functions.

VI. The Adminiftrators of Department have alfo the right of ammulling the acts of Sub-Adminiftrators of District, contrary to the laws or decrees of Adminiftrator's off Department, or to the orders which the latter shall have given or tranfmitted-They may likewife, in cafe of an obftinate dif obedience on the part of the Sub-Adminiftrators, or if the latter endanger, by their acts, the public fafety or tranquillity, fufpend them from their functions, with the referve of informing the King, who máy rẻmove or confirm the fufpenfion.

VII. The King, if the adminiftrators of department fhall not ufe the power which is delegated to them in the article above, may directly annul the acts of Sub-Adminiftrators, and fufpend them in the fame

cafes.

tioned to thofe of the neighbouring States, distribute the land and fea forces as he fhall judge moft fuitable, and regulate their direction in cafe of war.

II. Every declaration of war fhall be made in these terms: By the King of the French in the name of the nation.

III. It belongs to the King to refolve and fign with all foreign powers all treaties of peace, alliance, and commerce, and other conventions, which he fhall judge neceffary for the welfare of the State, with a referve for the ratification of the Legislative Body.

CHAPTER V.

OF THE JUDICIAL POWER.

I. The Judicial Power can in no cafe be exercifed either by the Legislative Body or the King,

by Judges chofen for a time by the people, II Justice fhall be gratuitously rendered inftituted by letters patent of the King, and who cannot be depofed, except from a forfeiture duly judged, or fufpended, except fere in the exercise of the Legislative Power, from an accufation admitted. or fufpend the execution of the laws, or undertake the adminiftrative functions, or cite

III. The Tribunals cannot either inter

before them the adminiftrators on account of their functions.

IV. No citizens can be withdrawn from

the Judges whom the law afligns to them by any commiflion, or by any other attributions or evocations than thofe which are deter

mined by the laws.

V. The orders iffued for executing the judgments of the Tribunals fhall be conceived in these terms:

This Body may either remove or confirm the fufpenfion, or even diffolve the culpable Administration; and, if there is ground, remit all the Administrators, or fome of them to the criminal tribunals, or enforce against them the decree of accufation.

-SECTION III.

OF EXTERIOR CONNECTIONS.

II. The King alone can interfere in foreign political connections, conduct negociations, make preparations of war propor

ment.]

"We charge and enjoin all officers upon "the prefent demand, to put the fame judg "ment into execution, to our Commiffioners "of the Tribunals to inforce the fame, and "to all the Commanders and Officers of "the public force to be affifting with their

force, when it firall be legally required. In "witnefs of which, the prefent judgment "has been fealed and figned by the Prefident “of the Tribunal, and by the Register.”

VI. There shall be one or more Judges of Peace in the Cantons and in the Cities. The number shall be determined by the Legiflapower. VII. It

tive

VII. It belongs to the Legislative Power to regulate the districts of Tribunals, and the number of Judges of which each Tribunal fall be con ofed.

VIII. In criminal matters, no citizen can be judged, except on an accufation received by Jurors, or decreed by the Legislative Body in the cafes in which it belongs to it to profecute the accufation:

After the accufation shall be admitted, the fact fhall be examined, and declared by the Jurors:

The accufer fhall have the privilege of reje&ing twenty:

The Jurors who declare the fact shall not be fewer than twelve:

The application of the law fhall be made by all the Judges:

The procefs fhall be public:

No man acquitted by a legal Jury can be apprehended or accufed on account of the fame fact.

IX. For the whole kingdom there fhall be one tribunal of appeal, eftablished near the Legislative Body. Its functions fhall be

to pronounce,

On appeals from the judgments of the tribunals;

On appeals from the judgment of one tribunal to another on lawful cause of fufpi cion;

On the regulations of Judges, and exceptions to a whole tribunal.

X. The tribunal of appeal can never enter into an original examination of a cafe, but after annulling a judgment in a process, in which the forms have been violated, or fhall contain an exprefs contravention of law, it fhall refer the merits of the cafe to the tribunal that ought to take cognizance of them. XI. When, after two appeals, the judgment of the third tribunal fhall be questionthe former

ed in the fame way as he carried again to

two, the cafe fhall not

the tribunal of appeal, without being firft fubmitted to the Legiflative Body, which fhall pats a decree declaratory of the law, to which the tribunal of appeal fhall be bound to conform.

XII. The tribunal of appeal shall be bound to fend every year to the bar of the Legiflative Body, a deputation of eight of its members, to prefent a ftatement of the judgments given, with an abftract of the cafe annexed to each, and the text of the law, which was the ground of the decifion.

Xill. A High National Court, compofed of Members of the Tribunal of Appeal and High Jurors, fhall take cognizance of the crimes of Minifters, and the principal Agents of the Executive Power, and of crimes which attack the general fafety of the State, when the Legiflative Body fhall pafs a decree of accufation:

XV. The King's Commiffioners in the Tribunals fhall reprefent to the Director of the Jury, either officially or according to orders given them by the King,

Offences against the individual liberty of citizens, against the free circulation of pro vifions, and the collection of contributions;

Offences by which the execution of orders given by the King, in the exercife of the functions delegated to him, fhall be disturbed or impeded; and oppofition to the execution of judgments, and all executive acts proceeding from eftablished powers.

XVI. The Minifter of Justice fhall repre-, fent to the Tribunal of Appeal, by means of the King's Commiflioner, the acts by which the Judges have exceeded their jurisdiction:

The Tribunal fhall annul thefe acts, and if they give ground for forfeiture, the fact fhall be reprefented to the Legiflative Body, which fhall pass the decree of accufation, and refer the parties informed against to the High National Court.

HEAD IV.

OF THE PUBLIC FORCE.

I. The Public Force is inftituted to defend the State against external enemies; and to maintain internal order and the execution of the laws.

II. It is compofed of the Land and Sea' force; of the troops fpecially destined for home fervice; and, fubfidiarily of the active citizens and their children of age to bear arms, registered in the roll of National Guards.

III. The National Guards do not form a military body, or an in titution in the State; they are the citizens themselves called to affit the public force.

IV. The citizens can never embody thenfelves, or act as national Guards, but by vir tue of a requifition, or a legal authority:

They are fubject in this quality to an organization, to be determined by the law:

They fhall be distinguished in the whole kingdom by only one form of discipline, and one uniform.

V. Diftinctions of rank and fubordination fubfift only relative to the service, and during its continuance.

Y 2

VI. Officers