lic a tribunal of caffation, which pronounces on appeals againft 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 fafety, 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 judgments given on proceedings 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 the firt inftance, and the commiffioners of government eftab. lished at the tribunals, are taken from the communal or departmental list.

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 should be condemned to forfeit their places, or fhould not be continued on the lift of eligi bles correfponding with their functions.

CHAP. VI.

Of the Refponfibility of the Public Func

tionaries.

69. The functions of members, whether of the fenate or of the legiflative body, or of the tribunate, and alfo thofe of the confuls or counfellors of ftate, do not discharge them from refponfibility.

70. Perfonal crimes, to which are annexed corporal or infamous punish. ment, committed by a member either of the fenate, tribunate, legislative body, or of the council of ftate, are profecuted before the ordinary tribu

nals, after a deliberation of the body, to which the perfon charged belongs, has authorifed fuch profecution.

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

72. The minifters are refponfible -1ft, 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 adminiftration; 3d, for, the particular orders which they have given, if these orders are contrary to the conftitution, the laws, and ordinances.

73. In the feveral cafes of the preceding article, the tribunate denougces the minifter by an act on which the legislative body deliberates in ordinary form, after having heard or fummoned the perfon denounced. The minifter placed in a courfe 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 chofen by the tribunal of caffation and from its bofom. The jurors are chofen from the national lift; the whole according to the forms prefcribed by the 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 decifion of the council of ftate; 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, or the requeft of the perfons within.

In the day one may enter it for a 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 person may be executed, it is neceffary, 1ft, that it express in form the causes for fuch arreft, 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 arrefted, 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 must be a mandate, given in the forms prefcribed by the preceding article, or a war. rant for taking the body, or a decree of accufation, or a judgment.

79. Every keeper or gaoler is bound, without any order being able to difpenfe with it, to reprefent the perfon in his cuftody to the civil of ficer having the police of the houfe of detention, whenever this officer fhall demand fuch account.

8c. A reprefentation of a perfon in cuftody fhall not be refused to his parents and friends, carrying an order from the civil officer, who fhall be always obliged to grant it, unless the keeper or gaoler produces an order of a judge to keep the prifoner fe

preceding articles, fhall be guilty of the crime of arbitrary detention.

82. All feverities ufed 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 ftate 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 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 diftinguished services 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 inftitute is charged with receiving difcoveries, and perfecting the arts and fciences.

90. A committee of national compatibilité regulates and verifies the accounts of the receipts and expences of the republic. This committee is compofed of feven members chofen by the fenate from the national lift.

91. The regime of the French co. lonies is determined by special laws.

92. In cafe of the revolt of an armed body, or of troubles which menace the fafety of the state, the law may fufpend in the places, and for the time it determines, the empire of the conftitution.

This fufpenfion may be provifionally declared in the fame cafes, by an arrété of government, the legislative body not being fitting, provided this

body

body be convened at a very short term by an article of the fame ar:été.

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

The property of emigrants irrevocably belongs to the republic.

94.

The French nation declares, that after a fale legally completed of national property, whatever may

be its origin, the lawful purchafer cannot be difpoffeffed, faving the right of third perfons, if fuch there fhould be, claiming to be indemnified out of the public treasury.

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

Done at Paris the 22d Frimaire (Dec. 13 1799.), in the 8th. year of the French Republic, one and indivifible.

The fignatures of the members of the legislative committees and confuls follow.

I

DISPATCH, by order of General Bonaparte, First Conful of the French Republic, a Meffenger to London: he is the Bearer of a Letter from the First Conful of the French Republic to his Majefty 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 itfelf, announces the importance of its object. Accept, my Lord, the affurance of my highest confideration.

(Signed) Ch. Mau. Talleyrand. Paris, 5th Nivofe, 8th Year of the French Republic. (Dec. 25. 1799.) French Republic-Sovereignty of the

People--Liberty-Equality. Bonaparte, First 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 most enlightened nations of Europe, powerful and ftrong beyond what their fafety and independence require, facrifice to ideas of vain greatnefs, the benefits of commerce, internal profperity, and the happinefs of families? How is it that they do not feel that peace is of the first neceffity, as well as of the first glory?

Thefe fentiments cannot be foreign to 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 difguile the dependence of weak States, prove only in those which are ftrong the mutual defire of deceiving each other.

France and England, by the abuse of their ftrength, may ftill, for a long time, for the misfortune of all nations, retard the period of their being exhaufted.-But I will venture to fay it, the fate of all civilifed nations

SIR, Downing Street, Jan. 4, 1800.

I have received and laid before the King the two letters which you have tranfmitted to me, and his Majefty, feeing no reason to depart from thofe forms which have long been establish ed in Europe for tranfacting business with Foreign States, has commanded me to return, in his name, the Official Anfwer, which I send you herewith inclofed.

I have the honour to be,

With high confideration, Sir, Your most obed. humble fervant, (Signed) Grenville.

To the Minifter for Foreign Affairs, &c. at Paris.

Note.

The King has given frequent proofs of his fincere defire for the re eftab lishment of fecure and permanent tranquillity in Europe. He neither is nor has been engaged in any conteft for a vain and falfe glory. He has had no other view than that of maintaining against all aggreffion, the rights and happinefs of his fubjects.

For thefe he has contended against an unprovoked attack: and for the fame objects he is ftill obliged to contend; nor can he hope that this neceffity could be removed by entering, at the prefent moment, into negociation with those whom a fresh revolution has fo recently placed in the exercife of power in France. Since no real advantage can arife from fuch negociation to the great and defirable object of general peace, until it fhall diftinctly appear that thofe caufes have ceafed to operate which 'originally produced the war, and by which it has fince been protracted, and, in more than one initance, renewed.

The fame fyftem, to the prevalence of which France juftly afcribes all her

prefent miferies, is that which has alfo involved the rest of Europe in a long and deftructive warfare, of a nature long fince unknown to the For practice of civilifed nations. the extenfion of this fyttem, and for the extermination of all established governments, the refources of France have from year to year, and in the midft of the moft unparalleled diftrefs, been lavished and exhaufted. To this indifcriminate spirit of def truction, the Netherlands, the United Provinces, the Swifs Cantons (his majetty's ancient friends and allies,) have fucceffively been facrificed. Germany has been ravaged; Italy, though now rescued from its invaders, has been made the fcene of unbounded rapine and anarchy. His majefty has himself been compelled to maintain an arduous and burdenfome conteft for the independence and existence of his kingdoms.

Nor have thefe calamities been confined to Europe alone; they have been extended to the most diftant quarters of the world, and even to countries fo remote both in fituation and intereft from the prefent conteft, that the very existence of fuch a war was, perhaps unknown to those who found themfelves fuddenly involved in all its horrors.

While fuch a fyftem continues to prevail, and while the blood and treafure of a numerous and powerful nation can be lavished in its fupport, experience has fhewn that no defence but that of open and fteady hoftility can be availing. The moft folemn treaties have only prepared the way for freth aggreffion and it is to a determined refiftance alone that is now due whatever remains in Europe of ftability for property, perfonal liberty, for focial order, or for the free exercife of religion.

For the fecurity, therefore, of thefe effential objects, his majesty cannot place his reliance on the mere renewal of general profeffions of pa