ver refpecting matters criminal or civil fubmitted to the courts.

The opinions which it fhall exprefs in virtue of the prefent article have no necellary confequence, and do not bind any conftituted authority to act.

30. When the tribunate adjourns itself, it may appoint a committee of from ten to fifteen members, authorized to assemble it, if thought advifable.

51. The legislative body is compofed of three hundred members, thirty years of age at leaft. They are renewed by a fifth every year. It must always contain at least one citizen from each department of the republic.

32. A member quitting the legiflative body cannot be re-elected to it till the lapfe of a year; but he may immediately be elected to any other public function, including that of tribune, if in other refpects he is eligible.

33. The fitting of the legislative body fhall commence every year on the 1ft Frimaire (22d November), and shall continue only four months. It may be extraordinarily convoked during the eight remaining months by the government.

34. The legislative body enacts laws by a private ballot, and without any difcuffion on the part of its members refpecting the projects of laws debated in its prefence by the speakers of the tribunate and of the government.

35. The fittings of the tribunate and thofe of the legislative body are to be public. The number of ftrangers in both fhall not exceed two hundred in each.

36. The falary of a tribune is to be 15,000 francs (6257.); that of a legiflator 10,000 francs (4167.)

VOL. XLI.

36. Every decree of the legislative body, upon the tenth day after its paffing, fhall be promulgated by the chief conful, unlets during that interval he has appealed to the fenate on the ground of unconftitutionality. This recourfe fhall not exift againft laws promulgated.

38. The firft renewal of the legiflative body fhall take place only in the courfe of the year 10.

TITLE IV.

Of the Government.

39. The government is confided to three confuls, chofen for ten years, and re-eligible indefinitely.

Each of thefe is elected individually in the capacity of firft, fecond, or third conful. In the first instance the third conful fhall be appointed only for five years.

For this time the following are appointed: general Buonaparte, chief conful; citizen Cambaceres, now minifter of juftice; and citizen Lebrun, member of the committee of elders, third conful.

40. The chief conful has functions and prerogatives peculiar to himself, in which his place may be temporarily fupplied, when the cafe occurs, by one of his colleagees.

41. The chief conful promulgates laws. He makes and revokes at pleafure appointments of members of the council of fiate; minifters, ambaffadors, and other external fuperior agents; the officers of the army by fea and land; members of local administrations, and commiffioners of the government to the different courts. He appoints all the civil and criminal judges, except the juftices of peace, and judges of caffation, without the. power of revocation.

L

42. In

42. In the other acts of the government, the fecond and third confuls have deliberate voices. They fign the proceedings, to fhew that they were prefent; and, if they pleafe, they may infert their own opinions, after which, the decifion of the chief conful is fufficient.

49. The falary of the chief conful fhall be 500,000 francs for the year 8 (about 20,8331) The falary of each of the other two confuls fhall be equal to three-tenths of that of the chief conful.

44. The government propofes laws, and makes regulations neceffary to carry them into execution.

45. The government directs the receipts and expenfes of the fate agreeable to the annual law, which thall determine the amount of each. He is to fuperintend the coining of money, of which the law alone that regulate the illue, fix the title, the fashion, and weight.

46. If the government is informed that any confpiracies are devifing against the ftate, it may decree fummonfes of appearance and warrants of arrefts, against those who are prefumed to be the authors or accomplices. But if after the lapse of ten days after their arreft, they are not liberated, or put in a flate for trial, in the regular form, the minifter who figns the warrant thall be guilty of arbitrary imprisonment.

47. The government fhall take measures for the internal fecurity and external defence of the ftate. He ftations the forces, military and naval, and regulates the manner of their being employed.

48. The national guard in activity is fubject to the direction of the public adminiftration. The fedentary national guard is fubject only to the difpofitions of the law.

49. The government is to maintain political relations abroad, to manage negociations, make preliminary ftipulations, cause, fign, and conclude all treaties of peace, alliance, truce, neutrality, commerce, and other conventions.

50. Declarations of war and treaties of peace, alliance, and commerce, are propofed, difcuffed, decreed, and promulgated like laws.

Only difcuffions upon these objets, both in the tribunate and legiflative body, are to take place in a fecret committee, when the government defires it.

51. The fecret articles of a treaty cannot deftroy the public articles.

52. Under the direction of the confuls, the council of state is authorized to draw up projects of laws and regulations of public adminiftration, and to remove the obstacles which may arife in matters of adminiftration.

53. It must be out of the council of ftate that the fpeakers nominated by the government to ftate points before the legislative body must be taken.

Thefe fpeakers are never to be fent to the number of more than three, to fupport the fame project of a law.

54. The minifters procure the execution of laws and regulations of public administration.

55. No act of government can have effect if it is not figned by a minifter.

56. One of the minifters is fpecially intrusted with the administration of the public treasure. He is to fecure the receipts, to order the transfer of fums, and the payments authorized by law; he can make, or caufe to be made, no payment, except in virtue, 1ft, of a law, and

till the concurrence of funds which have been fixed for a diftinct fpecies of expenfe; 2d, of an arrêté of the government; 3d, of a warrant figned by a minifter.

57. Detailed accounts of the expenfe of each minifter, figned and certified by him, fhall be made public. 58. The government can elect or conftitute, as counsellors of state or minifters, none but citizens whofe names are infcribed on the national lift.

59. The local administrations, eftablifhed either for each commercial diftrict, or for more extenfive portions of territory, fhall be fubordinate to the minifters. No perfon can be made or continue a member of thefe adminiftrations unlefs he ftand and be retained upon one of the lifts mentioned in the 7th and

Sth articles.

TITLE V.

60. Each commercial diftrict is to have one or more judges of the peace, to be elected immediately by the citizens for the period of three

years.

Their chief function is, to reconcile parties whom they call before them in cafes of adverfenefs to reconciliation, to fubmit themselves to decifions by arbitration.

61. In civil matters, there are to be tribunals in the firft refort, and the tribunals of appeal. The law is to determine the organization both of the one and the other; their competency, and the extent of territory that is to circumfcribe their fphere of action.

62. In matters of mifdemeanour (delits), where corporal or ignominious punishment is inflicted, there is to be a firft jury to admit, or to reject the accufation; if admitted,

a fecond jury is to declare the fact to be proved: the judges then form a criminal tribunal, and adjudge the punishment. Against their decifion there is no appeal.

63. The place of public accufer before a criminal tribunal is to be filled by the government commiffary.

64. Offences, (delits) which do not incur corporal or ignominious punishment, are to be judged by tribunals of correctional police, with power of appeal to the criminal tribunals.

65. There will be established, for the whole of the republic, a tribunal of caffation, that is to pronounce upon motions for caffation against judgements in dernier refort, pronounced by the tribunals on motions of appeal from one tribunal to another, grounded upon legitimate fufpicion, or upon reafons that regard the public fafety, where the plea of one party is fet up against a whole tribunal.

66. The tribunal of caffation does not take cognizance of the grounds of a caufe; but it annuls the judgements paffed in confequence of proceedings in which either the due forms have been violated, or which contain any exprefs infraction of the law, and it refers the grounds of the cause to the proper tribunal that is to take cognizance of them.

67. The judges who prefide in the tribunals of first resort, and the government commiffaries that are to act in these courts, are to be taken from the communal, or from the departmental lift.

The judges who prefide in the tribunals of appeal, and the commiflàries who act in these courts, are to be taken from the departmental lift.

The judges who compofe the tribunal of callation, and the commif

faries acting in these courts, are to be taken from the national lift. 68. All judges, except the juf tices of the peace, are to retain their functions for life, unless they be pronounced to have forfeited them, or unless they be already on the lift of those who are deemed ineligible to hold such functions.

TITLE VI.

aries.

nifter in virtue of an act upon which the legislative body is to deliberate in the ufual forms, after having heard or fummoned before them the perfon impeached. The minifter who is brought to trial, by a decree of the legiflative body, is to be tried by a high court, with power of appeal or recurrence to an act of caflation.

The high court is to confift of

69. The functions of the members, whether of the fenate, the legiflative body, the tribunate, or thofe of the confuls and counfellors of state, leave no room for refponfi bility.

70. Perfonal offences incurring corporal or ignominious punishment, committed by a member, whether of the fenate, the tribunate, the legiflative body, or the council of ftate, are to be profecuted before the ordinary tribunal, after a deliberation of the body to which fuch a defendant may belong, fhall have authorized fuch a proceeding.

71. Minifters who may be accufed of private offences, incurring corporal or ignominious punifliment, are to be confidered as members of the council of state.

72. Ministers are refponfible, 1ft, for every act of government which they fign, that is declared unconfiitutional by the fenate; 2d, for the inexecution of the laws and the re

gulations of the public adminiftration; 3d, for the particular orders they may iffe, fhould thefe orders be contrary to the conftitution, to the laws or regulations.

73. Where fuch cafes occur as are stated in the foregoing article, the tribunate is to impeach the mi

74. The civil and criminal judges, in cafe of offences derogatory to their functions, are to be profecuted before the tribunals to which they may be referred by the tribunal of caflation after having annulled their decrees.

75. The other agents of government, befides the minifters, cannot be profecuted for acts connected with their functions, but in virtue of a decifion of the council of ftate: in fuch cafes the profecution is to be carried on before the ordinary tribunals.

TITLE VII.

General Difpofitions. 76. The house of every perfon inhabiting the French territory is an inviolable asylum.

During the night no one has a right to enter fuch houfe but in cafe of fire, or inundation, or of a requeft made for fuch purpose from the inhabitants of the houfe.

During the day it may be entered for fome fpecial object pointed out by a law, or by an order iffued by a public authority.

77. In order to give effect to the act which authorizes the arrefting of a perfon, it is neceffary, 1ft, that they do formally exprefs the motives of the arreft, and the law by virtue of which it has been ordered; 2d, that it should be illued by a functionary formally invefted with this power by the law; 3d, that it mult be notified to the perfon arrested, and that a copy of it be alfo left with him.

78. A keeper or jailor cannot receive or detain any perfon till after he has tranfcribed into his register the act that orders the arreft. This act must be an order iffued agreeably to the forms preferibed by the preceding article, or by a warrant for apprehending the perfon, or a decree of accufation, or a fentence pronounced.

79. The keeper or jailor is bound (nor can any order free him from the obligation) to bring forward the perfon to detained before the civil officer, who infpects the police of fuch prifon, as often as the fame may be required by fuch magiftrate.

80. Accels to the perfon imprifoned cannot be refuted to his relations and friends, furnished with an order to that effect by the civil officer, who fhall be always bound to grant fuch order, unlefs the keeper or jailor can fhew an inftruction from the judge to keep the perfon in fecret confinement.

81. All thofe who, not being authorized by the law to arreft a perfon, fhall ifiue, fign, or execute, an order for fuch arreft; all thofe who, even in the cafe of an arreft authorized by the law, fhall receive or detain the perfon arrefted in any place of confinement not publicly and legally pointed out as fuch;

and all the keepers and jailors who fhall act contrary to the fenfe of the three preceding articles, fhall be held guilty of the charge of arbitrary imprisonment.

82. All meafures of rigour employed in arreftations, imprifonments, or executions, except fuch as are ordained by the laws, are to be held as crimes.

83. Every perfon has the right of“ addreffing private petitions to every conftituted authority, and more efpecially to the tribunate.

84. It is of the eflence of the public force, to obey; no armed body can deliberate.

85. Military offences are to be fubmitted to fpecial tribunals, and te particular forms of trial.

86. The French nation declares, that penfions fhall be granted to all military perfons wounded in the defence of the country, as also to the widows and children of militarymen who may be killed in the field of battle, or who may die in confequence of their wounds.

87. National rewards fhall be decreed to fuch warriors as shall render diftinguished fervices to the republic in fighting for its defence.

33. A conflituted body cannot open a deliberation but in a fitting, of which at least two-thirds of its members fhall be prefent,

89. A national inftitute is ap pointed to collect difcoveries, and to advance the perfection of the fciences and arts.

90. A commiffion of national accompts fhall regulate and verify the entry of the receipts and expenditure of the republic. This commiffion is to confift of feven members chofen by the fenate from the national lift.

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91. The