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

SECTION II.

OF THE INTERIOR ADMINISTRATION.

1. 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 exercife, under their fuperintendance and the authority of the law, the adminiftrative functions.

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

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

their functions.

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

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

them from their fund ous.

VI. The Adminirators of Department have alfo the right of annuiling the acts of Sub-Adminiftrators of District, contrary to the laws or decrees of Adminiftrators of Department, or to the orders which the late ter fhall have given or tranfmitted.-They may likewife, in cafe of an obftinate difbedience on the part of the Sub-Adminiftrators, or if the latter endanger, by their acts, the public fafety or tranquillity, fufpend then from their functions, with the referve of informing the King, who may remove or confirm the fu penfion.

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 State diftribute the land and fea forces as he fhall judge moft fuitable, and regulate their di rection 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.

fign with all foreign powers all treaties of III. It belongs to the King to refolve and conventions, which he fhall judge neceffary peace, alliance, and commerce, and other 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 case he exercifed either by the Legislative Body or the King.

by Judges chofen for a time by the people, Jutice fhall be gratuitously rendered inflituted by letters patent of the King, and who cannot be depofed, except from a forfeiture duly judged, or fuipended, except

from an accufation admitted.

fere in the exes cife of the Legislative Power, of fufpend the execution of the laws, or undertake the adminiftrative functions, or cite before them the adminiftrators on account of their functions.

III. The Tribunals cannot either inter

the Judges whom the law affigas to them by any commiffion, or by any other attributions or evocations than those which are deter

IV. No citizens can be withdrawn from

mined by the laws.

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

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" of God and by the conftitutional law of
N, (the name of the King) by the Grace
"the State, King of the French, to all pre-
«of
"fent and to come, greeting: the Tribunal
has pafled the following judg-

"ment:

VIII. Whenever the King fhall pronounce [Here fhall follow a copy of the judg

or confirm the fufpenfion of Administrators,
he fhall inform the Legiflative Body:

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

SECTION III.

OF EXTERIOR CONNECTIONS.
Ul. The King alone can interfere in fo
reign political connections, conduct negoci-
ations, make preparations of war propor-

ment.]

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

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

Peace in the Cantons and in the Cities. The VI. There shall be one or more Judges of number fhall be determined by the Legislative power.

VIL. R

VII. It belongs to the Legislative Power to regulate the districts of Tribunals, and the number of Judges of which each Tribu nal fhall be compofed.

VI. 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 fhall be admitted, the fact fhall be examined, and declared by the Jurors:

The accufer fhall have the privilege of rejecting 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 shall be one tribunal of appeal, established 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 suspi cion;

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

X. The tribunal of appeal can never enter into an original examination of a cafe, but after annuliing a judgment in a procefs, 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 judge ment of the third tribunal thall be queftioned in the fame way as that of the former two, the cafe fhall not be carried again to the tribunal of appeal, without being firft fubmitted to the Legislative Body, which fhall pafs a decree declaratory of the law, to which the tribunal of appeal shall be bound to conformi.

XII. The tribunal of appeal fhall be bound to fend every year to the bar of the Legislative Body, a deputation of eight of its members, to prefent a statement 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.

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

It shall not affemble but on the proclima tion of the Legislative Body.

XIV. The functions of the King's Commiffioners in the Tribunais, fhall be to require the obfervance of the law in the judg ments to be given, and to cause them to be executed after they are paffed :

They fhall not be public accufers; but they shall be heard on all accufations, and fhall require, during process, regularity of forms, and before judgment the application of the law.

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

Offences against the individual liberty of citizens, again the free circulation of provilions, 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 exe cution of judgments, and all executive acts proceeding from eftablished powers.

XVI. The Minifter of Juftice shall reprefent to the Tribunal of Appeal, by means of the King's Commiflioner, the acts by which the Judges have exceeded their jurifdiction:

The Tribunal fhall annul thefe acts, and if they give ground for forfeiture, the fact fhall be reprefented to the Legislative 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.

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

11. It is compofed of the Land and Sea force; of the troops fpecially deftined for home service; 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 initution in the State; they are the citizens themfeives called to affit the public force.

IV. 'I he citizens can never embody themfelves, or act as national Guards, but by virtue of a requifition, ar a legal authority:

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

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

V. Diftinctions of rank and subordination

fubfift only relative to the fervice, and during
its continuance.
Y 2
VI. Officers

VI. Officers are chofen for a time, and cannot again be chofen, till after a certain interval of fervice:

Nope fhall command the National Guard of more than one district.

VII. All the parts of the public force employed for the fafety of the State from foreign enemies, are under the command of the King.

VIII. No body or, detachment of troops of the line can act in the internal parts of the kingdom without a legal order.

IX. No agent of the public force can be in the house of a citizen, if it is not in order to execute the inftructions of Police and of Juftice, or in cafes formally provided for by the Law.

X. The requifition of the public force in the internal part of the kingdom belongs to the civil officers, according to the regulations provided by the Legislative Power.

XI. When any department is in a flate of commotion, the King thall iffue, fubject to the refponfibility of Ministers, the neceffary orders for the execution of laws, and the reeftablishment of order; but with the referve of informing the Legiflative Body, if it is af fembled, and of convoking it if it be not fitting.

XII. The public force is effentially obedient; no perfon in arms can deliberate.

HEAD V.

OF PUBLIC CONTRIBUTIONS.

I. Public Contributions fhall be debated and fixed every year by the Legislative Body, and cannot continue in force longer than the last day of the following Seflion, if they are not exprefsly renewed.

II. The funds neceffary to the difcharge of the national debt, and the payment of the civil lift, can under no pretext be refused or fufpended.

Ill. The Adminiftrators of Department, and Sub-adminiftrators, can neither establish any Public Contribution, nor make any dif tribution beyond the time and the funs fixed by the Legislative Body, nor deliberate, or permit, without being authorised by it, any local loan to be charged to the citizens of the department.

IV. The Executive Power directs and fuperintends the collection and paying in of Contributions, and gives the necessary ordçis to this effect.

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cades fhall verify, whether in the registered or matriculated lifts, which it is their duty to make out, all ftrangers refiding in the districts have been noticed, as well as their families, their names, their country, their religion, their employment, their deftination, and the reafon of their fojourning. There shall also be expressed, whether they have declared their unwillingness to continue to refide there domiciliated and fubjets of his Majefty, or fimply as travellers. In cafes where thefe informations have, not been taken, they fhall be immediately afcertained.

Ait. II. In cities where there are Alcades of Districts, but without a tribunal, the Corregidor, or chief Magiftrate, fhall, with the affiftants of the Alcades, take the fame information.

Art. III. In the other cities, towns, and villages of the kingdom, the Corregidors and Justices of the Peace fhall take the fame informations, availing themfelves of the affiftance of the notaries, the Alguazils (Serjeants or Bailiffs) and other confidential perfons, in order to ascertain the number of the domiciliated.

Art. IV. These measures, have been put in execution, foreigners of both fexcs, who fhall not be matriculated, fhail formally declare whether or not they intend to remain domiciliated and fubjects of his Majefty; and they fhall fign their declarations.

Art. V. Foreigners who are already, or willing to be domiciliated, must be Catholies, and take the following oath before the Tribunals:

"Ifwear to obferve the Catholic Religion, to be faithful to it as well as to the King, whofe fubject I am, in fubmitting to the laws and customs of this kingdom; renouncing every right and privilege of foreigner, and every relation to, and union with, or dependence on the country in which I was born.-I promife not to avail myself of its protection, nor that of its Amballadors, Minifters, or Confuls, under pain of the galleys, imprifonment, or expulfion from his Majefty's dominions, and confifca tion of my property according to my traufgreffion and quality."

The above oath being made and figned, fhall be deposited in the archives of the Tribunal, to have recourfe thereto in cafe of need.

Art. VI. Notice fhall be given to those who fhall declare themfelves travellers, that they cannot exercife any liberal art, or mechanic profeffion without being domiciliated.

Confequently foreigners can neither be phyficians, furgeons, nor architects, unless they have an exprefs licence from his MajeftyNeither can they be mechanics a la Verre (to fell by the ell or yard) nor retailers of any merchandife; nor peruke-makers or hair-dreffers, nor haberdashers, tailors, fhoemakers, nor even domestics.

Art. VII. Fifteen days fhall be given to foreigners included in the preceding article, to quit Madrid, and two months to go out of the kingdom; or within the faid term, they fhall be compelled to become domicili ated, and take the oath required, fubmitting themselves to the pains and punishments already pronounced.-Thofe who wish to be regarded as foreigners, can neither appear nor remain at Madrid, without having obtained permiffion from the Office of the Principal Secretary of State.

Art. VIII. With regard to foreigners coming into the kingdom, his Majefty, defirous of maintaining the treaties which fub fit with foreign Powers with refpect to the commerce of their respective fubjects in his kingdom, the permillions and paffports by virtue of which thefe merchants enter the ports and commercial towns fhall be examin ed; and they fhall be prevented from coning any other way than that which fall be pointed out to them, except by express Royal permiflion.

The Vice-Roys, Captains-General, and Governors of the Frontiers, are in this refpect, to fpecify in the paffports of ftrangers, whether they are come to feek refuge, afy lum, or hofpitality; and point out the roads which they are to take in the interior parts of the kingdom, after they have svorn, provifionally, obedience and fubmiffion to the laws of the country.

Art. IX. In cities where there are manu factures cftablished by order and for the account of his Majefty, and in the other ma nufactures where there are overfoers of workmen who do not profefs the Catholic Religion, particular lifts fhall be niade of thefe manufactures, containing details of the date and duration of their undertakings. of the Council of Caftile, that the faid workThefe lifts fhall be remitted to the Prefident men may be afterwards informed what they have to do;-but in the mean time, they fhall not be molested..

Art. X. In the difpofitions and principles determined by the Royal Edict, the Justices fhall take care to include all ftrangers, ani even those who are employed in the King's military household, and alfo thofe in civil employments.

Art. XI. The ceremony of matriculation, of the declaration, and of the oaths of furangers who are, or wifh to be domicilated, being perimed, an account thereof thall be

immediately

immediately given to the Tribunals, who
fhall tranfmit them to the Council, even be-
fore the lifts may be complete.

ENGLAND.

STATE PAPER

DELIVERED BY THE MINISTERS OF LON-
DON AND BERLIN, TO COUNT OSTER-
MAN THE RUSSIAN MINISter.

THE underwritten Minifters Plenipotentiaries of England and Pruffia, prefuming to infer, from the anfwer made by order of her Ruffian Majesty to the RepreTentatives of the Courts of London and Berlin, on the 25th ult. that her Majefty is inclined to permit her Miniftry to open a negociation concerning the principles propoled in faid reprefentation, with respect to a defenûve demarcation of the frontiers, both in favour of the Ruffian empire and the Porte, have determined to represent to the Court of Petersburgh every thing relative to this object, as far as their inftructions will allow, to concentrate it in one point of view, and to bring it under the eye of her Majefty without any ambiguity. They do not doubt but her Majefty will look upon their ardour, and this liberty, fo little compatible with the common courfe of negociating, as an unquestionable proof of the fincere defire of their Mafters, in order to make their good offices and friendly interwention tend to a pacification, altogether Speedy and advantageous to the Belligerent Powers.

The aforefaid Minifters, in confequence of the overture made by his Catholic Majesty and the Court of Denmark, and which does not feem to be rejected, or even difapproved by the Court of Ruffia, and purfuant to the propofition of inconveniencies, arifing from an immediate contiguity of the frontiers, which is found in the above anfwers, are apt to think, that her Majefty may be prevailed upon to give her confent to it, in order to conclude the peace, on condition that the District of Ockzakow, Between the river Bog and as far as the river Niefter, fhall be declared neuter, and independent of either Power. This condition being exactly and faithfully obferved by the contracting parties, will perhaps attain the end much better than any thing elfe, and procure the advantage of a reciprocal ecfchive demarcation of the frontiers; and Two large rivers, befides an untilled waste tract of land of more than 200 wrefts, which mult first be got over before the troops of either of the Powers can come into each other's dominions, would at least free both itates from all furprife; and the

eaftern fhores of the river Bog, fortified by the Ruffians, and the western ones of the river Nicfter by the Turks, would, with respect to this important business, answer the most fanguine expectations.

This is now the first point of an accommodation, which faid Minifters, with confent of her Rullian Majefty, will take upon them to propofe to the Turks, as a basis of peace.

The fecond propofal in queftion would have a relation to the ceffion of Ockzakow, reignty, with all privileges attached to it, and its immediate territory, with all fove whatsoever, and without any diftinction, to Ruffia, leaving, however, to the Turks, on the east shore of the river Niefter, a space more or less extended in measure, as, with more or lefs difficulty, one or other natural demarcation capable of being determined and fixed upon; fuch as, for instance, the fea Teli Gii, or any other, which then ought to be agreed upon, might be found out and well understood; however, that it ought to be at a fufficient distance for fecuring to the Turks the free navigation of the Niefter. Nay, an engagement might even be made to perfuade the Turks to grant the neutrality of that part of the ceded diftrict which was to be met with between the new demarcation of the frontiers of Ruffia and this river.

be able to perfuade the Forte to the conclu The Allied Courts do not think they will fion of peace, if they leave Ockzakow all fortified in the hands of Ruffia, unless this facrifice, fo dangerous for the Porte, would be compensated by the safety of both fhores nifters flatter themselves, that her Imperial of the River Niefier. And the above MiMajefty will have no objection to it.

fhould have any objection to accede to thefe
If, nevertheless, her Imperial Majesty
propofals, the above Minifters offer, as the
faft means, to propofe to the Turks to make
a ceffion to Ruffia of the District of Ock-
zakow, from the Bog as far as the Neifter,
in full property and fovereignty, as a price
for the peace, on condition that her Imperial
Majefty will authorise them to give fuch
affurances to the Porte, as will be able to
quiet the minds of her subjects, to prevent
her apprchenfions, and to make her cafy
with refpect to the confequences of fuch a
divifion of her empire, by enabling the
Courts of London and Berlin to be refpon-
fible that her Majefty will level the fortrefs
of Ockzakow, and not rebuild it; that the
is to erect no other fortreffes in that diftrict,
and that the will let the navigation of the
Niefter remain in perfect freedom.

they can propofe to the Porte nothing but
The Courts of London and Berlin think
thefe conditions; but they defire her Im-
perial Majefty to choose out of these feverak

meang

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