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they compel no constituted authority For the present time General Buo. to come to any deliberation.

naparte is appointed chief consul : 30. When the tribunate adjourns, it Citizen Cambaferes, now minister of may appoint a committee froin ten to justice, second consul ; and Citizen fifteen members, charged to convoke Lebrun, member of the committee of it, if it shall be deemed necessary. ancients, third conful.

31. The legislative body shall be 40. The chief conful has particular composed of 300 members, of 30 years funcions, and attributes, which, when of age at least ;--they shall be renew. he is exercising, he may be temporarily ed by fifths every year. There ought supplied by one of his colleagues, always to be one citizen, at least, of each 41. The chief consul is to pronul. department of the republic present. gate the laws; he is to name and re

32. A nember who goes out of the voke at pleasure the members of the legislative body cannot re-enter till af council of state; the ministers, ambaster the interval of a year—but he may fadors, and other principal foreign be immediately elected to any other agents, the officers of the army by public function, including that of tri land and sea, the members of local ad. bune, provided he is in other respects ministration and the commisioners of cligible.

the government at the tribunals. He 33. The litting of the legislative is to appoint all judges criminal and body shall commence every year on civil, as well as justices of the peace, the first Frimaire, and shall continue and the judges of caffation, without the only four monthsm-it may be extraor power of afterwards revoking them. dinarily convoked during the other 42. In the other acts of the governeight by the government.

ment, the second and third consuls are 34. The legislative body enacts the to have a consummative voice ; they law by determining by secret scrutiny, are to sign the register of the ads, in and without any discussion on the part order to manifest that they were presof its members, upon the plans of the ent, and if they please, they may coun. law debated before it, by the orators terlign their opinions; after which the of the tribunate and the government.

determination of the chief consul shall 35. The fittings of the tribunate and follow. of the legislative body, shall be public; 43. The salary of the chief consul the number of strangers in either of shall be_500,000 francs, for the 8th them not to exceed 200.

year. The salary of the other two 36. The annual salary of a tribune consuls shall be equal to three tenths hall be 15,000 francs, that of a legise of that of the first.. lative 10,000 francs.

44. The government is to propose 37. Every decree the legiflative the laws, and to make the necessary body shall, the roth day after it be regulations to insure their execution. made, be promulgated by the chief 45. The government is to direct the consul, unless in the mean time it is receipts and expenses of the state, conreferred to the senate, on the ground formable to the annual law, which deof inconftitutionality. Such reference termines the amount of each ; it shall cannot be made with regard to the superintend the coinage of money, of laws that have been promulgated.

which the law alone shall order the 38. The first renewal of the legisla. issue, fix the value, the weight, and the tive body and of the tribunate shall not impression. take place till the roth year.

46. When the government is in

formed of any conspiracies against the CHAP. IV.

ftate, it may issue orders to arrest and Of the Government.

bring before them the persons who are 39. The government is intrusted to suspected as the authors or accomthree consuls appointed for ten years, plices ; but if within ten days after and indefinitely re-eligible. Each of such arrest, they are not set at liberty them is to be elected individually with or brought to trial, it shall be consider the distint quality of chief, second, or ed, on the part of the minister figning third conful. The first time the third the order, as an act of arbitrary detenconsul hall only be named for five tion. years.

47. The government is to superin

tene

tend the internal safety and external minister, signed and certified by him, defence of the state ; it is to diftribute are to be made public. the forces by fea and land, and regulate 58. The government can only elect the direction of them.

or retain as counsellors of state or min48. The national guard on duty is ifters, such citizens whose names are Subjed to the regulations of the public inscribed in the national list. administration. The national guard 59. The local administrations estabnot on duty is only subject to the law. lished, whether for each communal

49. The government is to manage district, or for the more extended porpolitical relations abroad; to conduct tions of territory, are subordinate to negociations, to make preliminary stip- the ministers. No one can become or ulations, to sign and conclude all trea remain a member of these administraties of peace, alliances, truce, neutral- tions unless he is entered in one of the ity, commerce, and other conventions. lists mentioned in the 7th and 8th ar

50. Declarations of war and treaties ticles. of peace ; alliance, and commerce, are

CHAP. V. to be proposed, discussed decreed, and

Of the Tribunal. premulgated in the same manner as 60. Every communal arrondissement laws.

shall have one or more justices of the Only the discussions and deliberations peace, elected immediately from the , relative to those objects, as well in the citizens, for three years. tribunate as in the legislative body, Their principal duty consists in recare to be in a secret committee, if the onciling the parties applying to them, government defire it.

and in case of nonconciliation, to de-. 51. The secret article of a treaty cide their dispute by arbitrators. cannot be destructive of the public ar 61. In civil matters there are triticles.

bunals of first instance and tribunals of 52. Under the direction of the con- appeal. The law determines the orsuls, the council of Itate is charged ganization of the one and the other ; with the drawing up of the plans of their competence and territory forming the laws and the regulations of the the jurisdictions of each. public administration, and to resolve 62. In cases of crimes, to which are such difficulties as may occur in all ad annexed a corporal or infamous punishministrative matters.

ment, a first jury admits or reje&s the 53. It is from among the members charge. If it be admitted, a second of the council of state, that the orators jury pronounces on the fact, and the are to be selected; who shall be ap- judges composing a criminal tribunal pointed to appear in the name of the apply the punishment. Their judggovernment before the legislative body. ment is without appeal. There are never to be any more than 63. The function of public accuser three of these orators sent to support to a criminal tribunal is filled by the the same plan of a law.

commissioner of government. 54: The ministers are to procure

64. The crimes which do not amount the execution of the laws, and the reg to corporal or infamous punishment ulations of the public administration. are tried before the tribunals of cor

55. No act of the government can rectional police, faving an appeal to have effect till it is figned by a min the criminal tribunals. ifter.

65. There is for the whole Republic 56. One of the ministers is speedily a tribunal of cassation which procharged with the administration of the nounces on appeals against judgments public treasury. He is to verify the in the dernier resort, given by the trireceipts, direct the application of the bunals in cases referred from one trifunds, and the payments authorised by bunal to another on account of lawful law, and only to the extent of the suspicion, or the public safety, upon funds for defraying those cxpenses such exceptions taken by the party against law has determined upon. 2dly, by a

the whole tribunal. decree of the government. 3dly, by an

66. The tribunal of caffation does order signed by a minister.

not inquire into the merits, but it re. 57. The detained accounts of every versee the judgment given on proceedz

is go

ings in which form is violated, or ces the minister by an act on whick which contain fomething contrary to the legislative body deliberates in orthe expressed law, but funds the case dinary form, after having heard or back to be tried on the merits by the fummoned the person denounced. The tribunal, which has cognizance of them. minister placed in a course of judgment

67. The indges who constitute the is tried by a high court, without aptribunals of firit instance, and the com peal or resource, for a reversal. millioners of government established The high court is composed of judat the tribunals, are taken from the ges and jurors. The judges are chosen communal or departmental liit. by the tribunal of caflation and front

The judges forming the tribunals of its bosom. The jurors are chosen from appeal, and the commissioners placed the national list; the whole according with them, are taken from the de to the forms prescribed by laws. partmental list.

74. The judges, civil and criminal, The judges composing the tribunal for crimes relating to their functions, of caffation, and the commissioners be are prosecuted before the tribunals to longing to that tribunal, are taken which the tribunal of caffation sends from the national lift.

them, after having annulled their acts. 68. The justices, except the justices 75. The agents of government, of the peace, remain in office for life, other than the ministers, cannot be unless they should be condemned to prosecuted for acts relating to their forfeit their places, or should not be functions, but by virtue of a decifior continued on the list of eligibles cor of the council of State ; in this case, responding with their functions. the prosecution is carried on before

the ordinary tribunals. CH AP. VÌ. of the responsibility of the Public Func

CHAP. VII. tionaries.

General Difpulations. 69. The functions of members, 76. The house of every perfon inwhether of the fenate or of the legislac habiting the French territory is an intive body, or of the tribunate, and also violable asylam. those of the consuls or counsellors of During the night no person has a ftate, do not discharge them from re right to enter it, except in case of fire, {ponsibility.

inundation, at the requeft of the per70. Perfonal crimes, to which are fons within. annexed corporal or infamous punish In the day one may enter it for the ment, committed by a member either special purpose, determined either by of the senate, tribunate, legislative the law, or an order emanating front body, or of the council of state, are a public authority. profecuted before the ordinary tribu 77.

In order that the act which nals, after a deliberation of the body ordains the arrest of a perfon may be to which the person charged belongs, executed, it is necessary, ift, that it has authorised such prosecution. express in form the causes for such ar

71. The ministers arraigned, in rett, and the law in execution of which their private capacity, of crimes to it is ordered; 2dly, that it issues from which are' annexed corporal or infa a functionary to whom the law has mous punishment, are considered as formally given that power: 3dly, that members of the couneil of state, it be notified to the person arrested,

72. The ministers are responsible- and a copy of it left with him. ift, for every act of governmcrit ligned 78. No keeper or gaoler carx reby them, and declared unconftitutional ceive or detain' any person without by the senate ; 2d, for the non-execu Having first tranfcribed on his register tion of the laws, and of the regulations the act ordering his arrest. This act of the public adminiftration ; 3d, for must be a mandate, given in the forms the particular orders which they have prescribed by the preceding article, given, if these orders are contrary to or a warrant for taking the body, the constitution, the laws, and ordi or a decree of accusation, or a judg

nances.

ment.

73. In the several cafes of the pre 79. Every keeper or galoer is coding article, the tribunate denoun- bound, without any order being able

20 dispense with it, to represent the counts of the receits and expenses of
person in his custody to the civil officer the republic. '1 his committee is com-
having the police of the house of de- posed of seven members, chosen by
tention, whenever this officer shall de the senate from the national lift.
pand such account.

91. The regime of the French color
80. A representation of a person nies is determined by special laws.
in custody shall not be refused to his 92. In case of the revolt of an arm-
parents and friends, carrying an order ed body, or of troubles which micnace
from the civil officer, who shall be the safety of the ftate, the law may
obliged always to grant it, unless the suspend in the places and for the time
keeper or gaoler produces an order of it determines, the empire of the con
a judge to keep the prisoner secret. ftitution.

81. All those who, not being veste The fufpenfion may be provisionally by the law with the power of arresting, declared in the fame cases, by an arshall give, fign, or execute the arrest rete of government, the legislative of any person whatever ; all those body not being fitting, provided this who, even in the case of arrest author. body be convened at a very short terng ised by law, shall receive or detain the by an article of the same arrete. person arrested in a place of confine 93. The French nation declares, that ment not publickly and legally desig. in no case will it suffer the return of Dated as such; and all keepers or gaol. of the French who having abandoned ers who shall act contrary to the dif- their country since 1789, are not com. positions of the three preceding arti- prised in the exceptions contained in cles, shall be guilty of arbitrary deten. the laws against emigrants. It intertion.

dists every new exception on this 82. All severities used in arreft, roint. detentions, or executions, other than The property of emigrants irrevothose commanded by the laws, are cably belong to the republic. crimes.

94. The French nation declares that 83. Every person has a right of after a fale legally completed of na. addressing private petitions to every tional property whatever may be its constituted authority, and particularly origin, the lawful purchase cannot be to the tribunate.

difpoffeffed, saving the right of third 84: The public force is necessarily persons, if such there should be, claim. in a state of obedience; no armed body ing to be indemnified out of the puble can deliberate.

treasury: 85. Military crimes are subjected 95. The present constitution fhall be to special tribunals, and particular offered forthwith for the acceptence of forms of judgment.

the French people 86. The French nation declares, Done at Paris the 22d Frimaire, that it will grant pensions to all the (Dec. 13) in the 8th year of the French the military wounded in defence of Republic, one and indivisible. their country, and also to the widows ( The Signatures of the members of the leand children of such military as have gislative committees and confuls follow.) died on the field of battle, or in confequence of their wounds.

PARIS, DEC. 15. 87. It shall decree national rewards

The three Consuls were named the to thc warriors, who shall have render- day before yesterday by the two com ed distinguished services in fighting millioners. Buonaparte was unanifor the republic. 88. A constituted body cannot de- baceres and Lebrun had cach 21 votes.

mously appointed first Consul. Cam. liberate except in a sitting, at which

The Consuls, and five persons who are two thirds of its members, at least, are to a flist them, met last night to appoint present.

the Conservators to the number of 60. 89. A national institute is charged Thefe 60 will meet the Tribunes and with receiving discoveries, and perfect. . Senators, The Consuls appoint the ing the arts and sciences. 90. A commitee of national compta

Ministers and the 30 Counsellors of

State. bilite regulates and verifies the ac Gen. Kilmaine is dead. The New

Conftitution

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Conftitution was published yesterday,

[TRANSLATION.] at Paris with much pomp.

MY LORD, December 16. This day all the troups I DISPATCH by order of Gen. composing the 17th division, assembled Buonaparte, First Conful of the French in the Camp de Mars to take the oath Republic, a Messenger to London; he to the new Constitution.

is the bearer of a letter from the First December 18. The Constitution does Conful of the Republic to his Majesty not prevent the first Consul from tak

the King of England. I requeft you to ing the command of the armies. Thus give the necessary orders that he may it is said that if Buonaparte does not be enabled to deliver it directly into this winter induce Austria to make

your own hands. This step in itself peace, his intention is in the spring to

announces the importance of its object. put himself at the head of the armies Accept my Lord, the assurance of my to fign a peace in the heart of Germany: highest consideration. The American Ambassadors, who

CH. MAU. TALLEYRAND. have been appointed to negociate with Paris, the 5th Nivoje, 8th geor of the France, have just landed at Lisbon, French Republic, Dec. 25, 1799. from whence they will proceed to Paris.

[TRANSLATION.] The registers of acceptance and non French Republic-Sovereignty of the People. acceptance are opened at Paris. The LIBERTY.

EQUALITY. confluence is prodigious, and the whole BUONAPARTE First Conful of the of the votes almost are in favour of Republic, to his Majesty the King the new Constitution.

of Great-Britain and of Ireland. December 20. li has been insinuated

Paris, the 5th Nivose, 8th that the registers will one day serve

year of the Republic. for lifts of profcription ; but we hear CALLED by the wishes of the they are to be burnt as soon as the French nation to occupy the First Manumbers are known.

gistracy of the Republic, I think it It appears from the speeches of the proper, on entering into office, to make King of Pruffia to Duroc, as well as a direct communication of it to your from different reports from Constanti. Majesty. nople, that the Portc has altogether The war which for cight years has given up Egypt.

ravaged the four quarters of the world, The Helvetic Government is about must it be eternal ? Are there no to experience a change necessary to means of coming to an understanding? disappoint projects unfavourable to the How can the two most enlightened independence and unity of that repub nations of Europe, powerful and strong lic.

beyond what their safety and indeThree hundred and twenty Mem- pendence require, sacrifice to ideas of bers of the Council of Five Hundred vain greatness, the benefits of comhave accepted and signed the new Con merce, internal prosperity, and the ftitution ; which, considering the num- happiness of families? How is it that ber of Deputies excluded, and of those they do not feel that peace is of the on mission, makes upwards of fever first necessity, as well as of the firit cights of what remains.

glory? It is believed that the members of These sentiments cannot be foreign the Conservative Senate hitherto elec in the heart of your Majesty, who cd are 31.

reigns over a free nation, and with the sole view of rendering it happy.

Your Majesty will only see in this

overture my sincere desire to contribute LONDON, JÁN. 8. efficaciously, for the second time, to a (Publifsed by authority.]

general pacification, by a step, speedy, LETTERS from the Minister of entirely of confidence, and disengaged Foreign Affairs in France, and from from those forms, which, necessary Gen. Buonaparte, and the answers to perhaps to disguise the dependence of them by the Right Hon. Lord Gren weak ftates, prove only, in those which ville, his Majesty's principal Secretary are strong, the mutual desire of deceivof State for Foreign Affairs,

ing each other.

France

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