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they compel no conftituted authority to come to any deliberation.

30. When the tribunate adjourns, it may appoint a committee from ten to fifteen members, charged to convoke it, if it shall be deemed neceffary.

31. The legislative body fhall be compofed of 300 members, of 30 years of age at least ;-they fhall be renewed by fifths every year.-There ought always to be one citizen, at least, of each department of the republic prefent.

32. A member who goes out of the legislative body cannot re-enter till after the interval of a year-but he may be immediately elected to any other public function, including that of tribune, provided he is in other refpects eligible.

33. The fitting of the legislative body fhall commence every year on the firft Frimaire, and fhall continue only four months-it may be extraordinarily convoked during the other eight by the government.

34. The legislative body enacts the law by determining by fecret fcrutiny, and without any difcuffion on the part of its members, upon the plans of the law debated before it, by the orators of the tribunate and the government. 35. The fittings of the tribunate and of the legislative body, shall be public; the number of strangers in either of

them not to exceed 200.

36. The annual falary of a tribune fhall be 15,000 francs, that of a legif lative 10,000 francs.

37. Every decree of the legislative body fhall, the 10th day after it be made, be promulgated by the chief conful, unless in the mean time it is referred to the fenate, on the ground of inconstitutionality. Such reference cannot be made with regard to the laws that have been promulgated.

38. The firft renewal of the legifla tive body and of the tribunate shall not take place till the 10th year.

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For the present time General Buo naparte is appointed chief conful: Citizen Cambaferes, now minifter of juftice, fecond, conful; and Citizen Lebrun, member of the committee of ancients, third conful.

40. The chief conful has particular functions, and attributes, which, when he is exercising, he may be temporarily fupplied by one of his colleagues,

41. The chief conful is to promulgate the laws; he is to name and revoke at pleasure the members of the council of ftate; the minifters, ambaffadors, and other principal foreign agents, the officers of the army by land and fea, the members of local adminiftration and the commiflioners of the government at the tribunals. is to appoint all judges criminal and civil, as well as juftices of the peace, and the judges of caffation, without the power of afterwards revoking them.

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42. In the other acts of the government, the second and third confuls are to have a confummative voice; they are to fign the register of the acts, in order to manifeft that they were prefent, and if they pleafe, they may coun terfign their opinions; after which the determination of the chief consul shall follow.

43. The falary of the chief conful fhall be 500,000 francs, for the 8th year. The falary of the other two confuls fhall be equal to three tenths of that of the first.

44. The government is to propofe the laws, and to make the neceffary regulations to insure their execution.

45. The government is to direct the receipts and expenses of the state, conformable to the annual law, which determines the amount of each, it shall fuperintend the coinage of money, of which the law alone fhall order the iffue, fix the value, the weight, and the impreffion.

46. When the government is informed of any confpiracies against the ftate, it may iffue orders to arrest and bring before them the persons who are fufpected as the authors or accomplices; but if within ten days after fuch arreft, they are not fet at liberty or brought to trial, it shall be confidered, on the part of the minister figning the order, as an act of arbitrary detention.

47. The government is to fuperintend

tend the internal fafety and external defence of the ftate; it is to diftribute the forces by fea and land, and regulate the direction of them.

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48. The national guard on duty is fubject to the regulations of the public adminiftration. The national guard not on duty is only fubject to the law.

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

50. Declarations of war and treaties of peace; alliance, and commerce, are to be propofed, difcuffed decreed, and promulgated in the fame manner as laws.

Only the difcuffions and deliberations relative to thofe objects, as well in the tribunate as in the legiflative body, are to be in a fecret committee, if the government defire it.

51. The fecret article of a treaty cannot be destructive of the public ar

ticles.

52. Under the direction of the confuls, the council of ftate is charged with the drawing up of the plans of the laws and the regulations of the public adminiftration, and to refolve fuch difficulties as may occur in all adminiftrative matters.

53. It is from among the members of the council of ftate, that the orators are to be selected, who fhall be ap pointed to appear in the name of the government before the legislative body. There are never to be any more than three of these orators fent to support the fame plan of a law.

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

55. No act of the government can have effect till it is figned by a min ifter.

56. One of the minifters is fpeedily charged with the administration of the public treasury. He is to verify the receipts, direct the application of the funds, and the payments authorised by law, and only to the extent of the funds for defraying thofe cxpenfes fuch law has determined upon. 2dly, by a decree of the government. 3dly, by an order figned by a minifter.

57. The detained accounts of every

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minifter, figned and certified by him, are to be made public.

58. The government can only elect or retain as counfellors of ftate or minifters, fuch citizens whofe names are infcribed in the national list.

59. The local administrations establifhed, whether for each communal diftrict, or for the more extended portions of territory, are fubordinate to the minifters. No one can become or remain a member of thefe adminiftrations unless he is entered in one of the lifts mentioned in the 7th and 8th articles.

CHAP. V. Of the Tribunal.

60. Every communal arrondiffement fhall have one or more juftices of the peace, elected immediately from the citizens, for three years.

Their principal duty confifts in reconciling the parties applying to them, and in cafe of nonconciliation, to decide their dispute by arbitrators.

61. In civil matters there are tribunals of firft inftance and tribunals of appeal. The law determines the organization of the one and the other; their competence and territory forming the jurifdictions of each.

62. In cafes of crimes, to which are annexed a corporal or infamous punish ment, a first jury admits or rejects the charge. If it be admitted, a fecond jury pronounces on the fact, and the judges compofing a criminal tribunal apply the punishment. Their judg ment is without appeal.

63. The function of public accufer to a criminal tribunal is filled by the commiffioner of government.

64. The crimes which do not amount to corporal or infamous punishment are tried before the tribunals of correctional police, faving an appeal to the criminal tribunals.

65. There is for the whole Republic a tribunal of caffation which pronounces on appeals against judgments in the dernier refort, given by the tribunals in cafes referred from one tribunal to another on account of lawful fufpicion, or the public safety, upon exceptions taken by the party against the whole tribunal.

66. The tribunal of caffation does not inquire into the merits, but it reverfes the judgment given on proceed

ings

ings in which form is violated, or which contain fomething contrary to the expreffed law, but fends the cafe back to be tried on the merits by the tribunal, which has cognizance of them.

67. The judges who conftitute the tribunals of firft inftance, and the commillioners of government established at the tribunals, are taken from the communal or departmental lift.

The judges forming the tribunals of appeal, and the commiffioners placed with them, are taken from the departmental lift.

The judges compofing the tribunal of caffation, and the commiffioners belonging to that tribunal, are taken from the national lift.

68. The juftices, except the juftices of the peace, remain in office for life, unless they fhould be condemned to forfeit their places, or fhould not be continued on the lift of eligibles correfponding with their functions.

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69. The functions of members, whether of the fenate or of the legifla tive body, or of the tribunate, and also thofe of the confuls or counsellors of ftate, do not discharge them from responsibility.

70. Perfonal crimes, to which are annexed corporal or infamous punishment, committed by a member either of the fenate, tribunate, legiflative body, or of the council of ftate, are profecuted before the ordinary tribunals, after a deliberation of the body to which the perfon charged belongs, has authorised fuch profecution.

71. The minifters arraigned, in their private capacity, of crimes to which are annexed corporal or infamous punishment, are confidered as members of the council of state.

72. The minifters are refponfibleIft, for every act of government figned by them, and declared unconftitutional by the fenate; 2d, for the non-execution of the laws, and of the regulations of the public administration; 3d, for the particular orders which they have given, if thefe orders are contrary to the conftitution, the laws, and ordi

nances.

73. In the feveral cafes of the prereding article, the tribunate denoun

ces the minifter by an act on which the legislative body deliberates in or dinary form, after having heard or fummoned the perfon denounced. The minister placed in a course of judgment is tried by a high court, without appeal or refource, for a reverfal.

The high court is compofed of judges and jurors. The judges are chosen by the tribunal of caffation and from its bofom. The jurors are chosen from the national lift; the whole according to the forms prefcribed by laws.

74. The judges, civil and criminal, for crimes relating to their functions, are profecuted before the tribunals to which the tribunal of caffation fends them, after having annulled their acts.

75. The agents of government, other than the minifters, cannot be profecuted for acts relating to their functions, but by virtue of a decifior of the council of State; in this cafe, the profecution is carried on before the ordinary tribunals.

CHAP. VII. General Difpofitions.

76. The house of every perfon inhabiting the French territory is an inviolable afylum.

During the night no perfon has a right to enter it, except in cafe of fire, inundation, at the request of the perfons within.

In the day one may enter it for the fpecial purpose, determined either by the law, or an order emanating from a public authority.

77. In order that the act which ordains the arreft of a perfon may be executed, it is neceffary, Ift, that it exprefs in form the caufes for fuch arrett, and the law in execution of which it is ordered; 2dly, that it iffues from a functionary to whom the law has formally given that power: 3dly, that it be notified to the perfon arrested, and a copy of it left with him.

78. No keeper or gaoler can receive or detain any perfon without having firft tranfcribed on his register the act ordering his arreft. This act must be a mandate, given in the forms prefcribed by the preceding article, or a warrant for taking the body. or a decree of accufation, or a judg

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to difpenfe with it, to reprefent the perfon in his cuftody to the civil officer having the police of the houfe of detention, whenever this officer fhall demand fuch account.

80. A reprefentation of a perfon in cuftody fhall not be refufed to his parents and friends, carrying an order from the civil officer, who fhall be obliged always to grant it, unless the keeper or gaoler produces an order of a judge to keep the prifoner fecret.

81. All thefe who, not being vefted by the law with the power of arrefting, fhall give, fign, or execute the arreft of any perfon whatever; all thofe who, even in the cafe of arreft authorifed by law, fhall receive or detain the perfon arrested in a place of confinement not publickly and legally defignated as fuch; and all keepers or gaolers who fhall act contrary to the difpofitions of the three preceding arti cles, fhall be guilty of arbitrary deten tion.

82. All feverities used in arreft, detentions, or executions, other than those commanded by the laws, are crimes.

83. Every perfon has a right of addreffing private petitions to every conftituted authority, and particularly to the tribunate.

84. The public force is neceffarily in a state of obedience; no armed body can deliberate.

85. Military crimes are fubjected to fpecial tribunals, and particular forms of judgment.

86. The French nation declares, that it will grant penfions to all the the military wounded in defence of their country, and alfo to the "widows and children of fuch military as have died on the field of battle, or in confequence of their wounds.

87. It fhall decree national rewards to the warriors, who fhall have rendered diftinguifhed fervices in fighting for the republic,

88. A conftituted body cannot deliberate except in a fitting, at which two thirds of its members, at least, are prefent.

89. A national institute is charged with receiving discoveries, and perfecting the arts and fciences.

90. A commitee of national comptabilite regulates and verifies the ac

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The fufpenfion may be provisionally declared in the fame cafes, by an ar rete of government, the legislative body not being fitting, provided this body be convened at a very fhort term by an article of the fame arrete.

93. The French nation declares, that in no cafe will it fuffer the return of of the French who having abandoned their country fince 1789, are not com prifed in the exceptions contained in the laws against emigrants. dicts every new exception on this point.

It inter

The property of emigrants irrevocably belong to the republic.

94. The French nation declares that after a fale legally completed of national property whatever may be its origin, the lawful purchase cannot be difpoffeffed, faving the right of third perfons, if fuch there fhould be, claiming to be indemnified out of the public treafury.

95. The prefent conftitution fhall be offered forthwith for the acceptence of the French people.

Done at Paris the 22d Frimaire, (Dec. 13) in the 8th year of the French

Republic, one and indivifible. (The fignatures of the members of the legiflative committees and confuls follow.)

PARIS, DEC. 15. The three Confuls were named the day before yesterday by the two com miffioners. Buonaparte was unanimoufly appointed firft Conful. Cambaceres and Lebrun had each 21 votes. The Confuls, and five perfons who are to a flift them, met last night to appoint the Confervators to the number of 60. Thefe 60 will elect the Tribunes and Senators. The Confuls appoint the Minifters and the 30 Counsellors of State.

Gen. Kilmaine is dead. The New
Conftitution

Conftitution was published yesterday at Paris with much pomp.

December 16. This day all the troops compofing the 17th divifion, affembled in the Camp de Mars to take the oath to the new Constitution.

December 18. The Constitution does not prevent the first Conful from taking the command of the armies. Thus it is faid that if Buonaparte does not this winter induce Auftria to make peace, his intention is in the spring to put himself at the head of the armies to fign a peace in the heart of Germany,

The American Ambaffadors, who have been appointed to negociate with France, have juft landed at Lisbon, from whence they will proceed to Paris.

The registers of acceptance and nonacceptance are opened at Paris. The confluence is prodigious, and the whole of the votes almoft are in favour of the new Constitution.

December 20. It has been infinuated that the registers will one day serve for lifts of profcription; but we hear they are to be burnt as foon as the numbers are known.

It appears from the speeches of the King of Pruffia to Duroc, as well as from different reports from Conftanti nople, that the Porte has altogether given up Egypt.

The Helvetic Government is about to experience a change neceffary to disappoint projects unfavourable to the independence and unity of that repub lic.

Three hundred and twenty Members of the Council of Five Hundred have accepted and figned the new Conftitution; which, confidering the number of Deputies excluded, and of thofe on miffion, makes upwards of feven eights of what remains.

It is believed that the members of the Confervative Senate hitherto electcd are 31.

LONDON, JAN. 8. Publifhed by authority.] LETTERS from the Minifter of Foreign Affairs in France, and from Gen. Buonaparte, and the answers to them by the Right Hon. Lord Grenville, his Majefty's principal Secretary of State for Foreign Affairs,

[TRANSLATION.]

MY LORD,

I DISPATCH by order of Gen." Buonaparte, First Conful of the French Republic, a Meffenger to London; he is the bearer of a letter from the First Conful of the Republic to his Majesty the King of England. I requeft you to give the neceffary orders that he may be enabled to deliver it directly into your own hands. This ftep in itself announces the importance of its object. Accept my Lord, the affurance of my higheft confideration.

CH. MAU. TALLEYRAND. Paris, the 5th Nivose, 8th year of the French Republic, Dec. 25, ₹799.

[TRANSLATION.]

French Republic-Sovereignty of the People. LIBERTY. EQUALITY. BUONAPARTE Firft Conful of the Republic, to his Majefty the King of Great-Britain and of Ireland.

Paris, the 5th Nivofe, 8th

year of the Republic. CALLED by the wishes of the French nation to occupy the First Magiftracy of the Republic, I think it proper, on entering into office, to make a direct communication of it to your Majefty.

The war which for eight years has ravaged the four quarters of the world, muft it be eternal? Are there no means of coming to an understanding?

How can the two moft enlightened nations of Europe, powerful and ftrong beyond what their fafety and independence require, facrifice to ideas of vain greatnefs, the benefits of com merce, internal profperity, and the happiness of families? How is it that they do not feel that peace is of the firft neceffity, as well as of the first glory?

These fentiments cannot be foreign in the heart of your Majefty, who reigns over a free nation, and with the fole view of rendering it happy.

Your Majefty will only fee in this overture my fincere defire to contribute efficaciously, for the fecond time, to a general pacification, by a step, fpeedy, entirely of confidence, and difengaged from thofe forms, which, neceffary perhaps to disguise the dependence of weak ftates, prove only, in those which are ftrong, the mutual defire of deceiving each other.

France

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