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«EW constitution,
OF THE
FRENCH REPUBLIC.
An Official Copy.
Chapter I.
Art. i. The French republic is one and
sf tidivifible.
tel Its European territory is distributed in
||J> departments and communal didrifts.
Rl 2. Every man born and resident in
■France, and of the age of twenty-one years
I* vho has fubferibed his name in the civic
gf-egifterof his communal diftrifl, and as
■ jerwards remained a year on the territory
Bbf the French republic, is a French citizen,
ft 3. A foreigner becomes a French citi
|ken, who after having attained the age of
Ikwenty-one years, and declared his inien-
Ikion of fixing his residence in Fracce, and
l/has resided there for 10 fucceflive years.
4. The title of French citizen is for
feited —
By naturalization in a foreign country.
By accepting any office or pension from
la foreign government.
By affiliation with any foreign corpora
tion which supposes diftinftions of birth.
By condemnation to corporal or infa
mous punishments.
c. The exercise of the rights of a French
citizen is suspended by a bankruptcy, or
by a total or partial succession to the pro
perty of an insolvent.
By a state ot hired servitude, either at
tached to the service of the person or the
family.
By a state of judicial interdiflion, ac
cusation or contumacy.
6 In order to exercise the rights of ci
tizenfliip they must have been acquired by
being domiciliated by a years residence,
and not forfeited by a years absence.
7. The citizens of every communal dif
tridt (hall appoint by their fuffrages, those
whom they think moil worthy of conduct
ing the public affairs. There (hall be a
lift of confidence, containing a number o<
names equal to a length of the number of
Citizens poffelling the right of fuffrage.—
From this firft communal lift the public
functionaries of diftridb shall be taken.
8. The citizens comprised in the com
munal lifts of a department shall also ap
point a tenth of their number. These
shall conftituts a second lift called the de
partment lift, from which the public func
tionar'es of each department shall be taken.
9. The citizens including in the depart
mental lift shall also appoint a tentn of
their number i this 3d lift shall consist of
the citizens of each department, eligible
to public national funaious.
10. The citizens who shall have a right
of co-operating in the formation of any of
the lifts mentioned in the three preceding
articles, shall every third year be called
upon to exercise the power of replacing
those who shall have dted, or abfemed
themselves for any other cause than the
exercise of a public funftion.
11. They may also withdraw from the
lifts those whom they shall not judge pro
per to continue, and replace them by other
citizens in whom they may have greater
confidence.
iz. No one shall be erased from the
lifts, otherwile than by the votes of the
decisive majority of the citizens, having
the right of co-operating in the forma- I
tion.
13. No one fnall be erased from the lift
of those eligible to public national func
tions merely because his name may have
been struck out of a lift of an inferior or
superior degree.
14. The appointment to the lift of eli-
Jfibles is only necessary with regard to pub.
ic functions, for which that condition is
expressly required by the constitution or
by the law. All the lifts of the eligibles
shall be formed in the course of the ninth
year-
Chapter 11.
15. The conservatory senate shall be
composed of 8o members, of 40 years of
age at lcaft, to be irremovable during life.
For the formation of the senate, there
shall be nominated in the firft instance 60
members—this number shall be increased
to 6z in the course of the Bth year, to 64
in the 9th year, and ftidl be gradually en
creafed to 80 by the addition of two mem
bers in each of the ten firft years.
16. The nomination to the office of se
nate shall be by the senate, who shall
make choice out of these candidates pre
sented to them ; the firft by the legislative
body, the second by the tribunate, and
the third by the chief consul.
17, The chief consul, upon quitting
his office, either by the expiration of his
fund ions, or by resignation, neceflarily,
and as a matter of right, becomes a senator.
The two other consuls, during the
month which follows the expiration of
their fun&ious, may take their feats in
the senate, but are not obliged to exercise
that priviledge.
They lose it altogether, if they quit
their consular functions by resignation.
18. A senator is always ineligible to any
other public fundtion.
19. Ail the lifts made in the depart
ments, by virtue of the ninth article, shall
be addressed to the senate. They shall
compose the national lift.
20. From this lift fftail be ele&ed the le
gislators, the tribunes, the consuls, the
judges of cessation, and the Commifjuire a
la Rrfponfibilite.
21. They shall confirm or annul every
ad referred to them as unconstitutional by
their tribunate, or the government j the
lift of the eligibles shall be included among
these ads.
22. The revenues of national domains,
the terms of which are expired, shall be
liable to the expences of the senate. The
annual salary of each of its members shall
be paid out of those revenues. It shall be
equal to a 2o:h of that of the chief consul.
23. The fittings of the senate are not
public.
24. Citizen Sieyes and Roger Dncos the
two consuls who are to go out of office,
(hall be nominated members of the con
servatory fepate; they shall unite with the
second and third consuls nominated by the
present one. These four citizens shall ap
point the majority of the senate, which
shall afterwards complete itfelf, and pro
ceed to the elcdions entrusted to its direc
tion.
Chapter 111,
Os the Legislative Power.
25. No new law shall be promulgated,
unless the plan shall have been proposed by
the government, communicated to the tri
bunate, and decreed by the ligiflative body.
26. The plans which the government
may propose, shall be drawn up under dif
ferent heads. In every case in which such
plans shall be difeuffed, the government
may withdraw them, and present them a
gain in a modified state.
27. The tribunate is to be composed
of too members of 2 5 years of age at least
-they shall be renewed by fifths every year,
and infinitely re-eligible while they remain
upon the national lift.
28. The tribunate fiialldifcufs the plans
of every law that may be proposed—it (hall
vote for the adoption or rejection of them
It shall fend three orators taken from its*
body, by whom the motives of its vote,
with refpeft to each of the plan--, shall be
flared and supported before the legislative
body.
It shall refer to the senate, but for, the
cause of unconftitutionaliry only, the lift of
the eligibles, the a£ts of the legislative bo
dy, and those of the government.
29. It shall express its opinion as to the
laws made or to be made, the abuses to be
corrected, the ameliorations to be attempt
ed, in every part of the public administra
tion, but never relative to the civil or cri
minal affairs referred to the tribunals.
The opinions it shall give, by virtue of
the prelent article, are to be followed by
no necefTary consequences; they compel no
constituted authority to come to any deli
beration.
30. Whenthe tribunate adjourns, it may
appoint a committee from ten to fifteen
members, charged to convoke it, if it shall
be deemed acceffary.
31. The legislative body shall be com
posed of 300 members, of 30 years of age
at least; they shall be renewed by fifths
every year.—There ought always to be one
citizen, at least, of each department of the
republic present.
32. A member who goes out of the le
gislative body cannot re-enter till after the
interval of a year—but he maybe immedi
ately elefted to any other public function, ■
including that of tribune, provided he is in
other refpefls eligible.
33. The fitting of the legislative body
shall commence every year on the fit ft
Frimaire, and shall continue only four
months it may be extraordinarily convoked
duringthe other eight by thegovernment.
34. The legislative body enafts the law
by determining by feeret ferutiny, and
w ithout any uifcufiion on the part of its
members, upon the plans of the law debat
ed 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 salary of the tribune
shall be 15,000 francs, that of the legisla
tive io,coo francs.
37. Every decree of the legislative body
shall, the 10th day after it be made, be pro
mulgated bv the chief consul, unless in the
mean time it is referred to the fenate,-on
the ground of uncunftitmionality. Such
reference cannot be made with regard to
laws that have beta promulgated.
38. The firft renewal of the legislative
body and of the tribunate fluil not take
place till the 10th year.
Chapter IV.
Os the Government.
39. The government is entrusted to
three consuls appointed for ten years, and
indefinitely re-eligible. Each of them is to
be elefted individually with the diftinft
quality of chief, second, or third consul.
The firft time the third consul fiiall only
be named for five years.
For the present time general Buonaparte
is appointed chief consul i citizen Cam
bafecas, now minister of justice, second
consul; and citizen Lebrun, member of
the committee of ancients, third coniul.
40. The chief consul has particular
fanftions and attributes, which when he
is exercising, he may be temporarily sup
plied by one of his colleagues.
41. The chief consul is to promulgate
the laws; he is to name and revoke at.
pleasure the members of the council of
state; the ministers, ambafladors, and oth
er principal foreign agents, the officers of
the army by land and lea, the members of
local administration and the commission
ers of the gov-rnment at the tribunals.—
‘"'Criminal and
- peace, and the
judges oh diflarian, without the power of
afterwards revoking them.
42. In the other afts of the government,
the second and third consuls are to have a
confumative voice ; they are to sign the
register of the afts, in order to manifeft
that they were present; and if they please,
they may countersign their opinions; af
ter which the determination of the chief
consul (hall follow.
43. The falarv of the chief consul {hail
be 500,000 francs, for the Bth year. The
falarv of the other two consuls lhall be e
.qual to three tenths of that of the firft.
44. The government is to propose the
laws and to make the neceflary regula
tions to ensure their execution.
45. The government is to direst the re
ceipt and expences of the state, conforma
bly to the annual law, which determines
the amount of each; it (hall superintend
the coinage of money, of which the law
alone (hall order the iffiie, fix the value,
the weight, and the imprelfion.
46. When the government is informed
of any conlpiracies against the state, it may
iflue orders to arrest and bring before them
the persons who are fufptfted as the au
thors or accomplices; but if within ten
days after such arrest, they are not set at
'iberty or brought to trial, it {hall be con
sidered, on the part of the minister signing
the oruer as an aft of arbitrary detention.
47. The government is to superintend
the internal fafety and external defence ol
the state ; is is to distribute the forces by
sea and land, and regulate the direction of
them.
48. The national guard on duty is fub
jeft to the regulations of the public admi
nistration. The national guard not on
duty is only fubjeft to the law.
49. The government is to manage po
litical relations abroad, to conduft negoci
ation, to make preliminary stipulations, to
sign and conclude all treaties of peace al
liances, truce, neutrality, commerce and
other conventions.
50. Declarations of war and treaties of
peace alliance, and commerce, are to be
proposed, difeuffed, decreed, and promul
gated in the fame manner as laws.
Only the discussions and deliberations
relative to these objefts, as well in the tri
bunate as in the legislative body, are to be
in a ferret committee, if the government
desires it. "
51. The secret article of a treaty can
not be deftruftive of the public articles.
52 Under the direftion of the consuls,
the council of state is charged with the
drawing up of the plans of the law's and
the regulations of the public administra
tion, and to resolve such difficulties as may
occur in all administrative matters.
53. It is from among the members of
the council of state that the orators are to
be felefted, who (hall be appointed to ap
pear in the name of the government before
the legislative body.—There are never to
be any more than three of these orators
sent to support the fame plan of a law.
54. The ministers are to procure the ex
ecution of the laws, and the regulations of
the public admir.iftration.
55. No aft of the government can have
effect till it is signed by a minister.
56. One of the ministers is specially
charged with the administration of the
public treasury. He is to verify the re
ceipts, direst the application of the funds,
and the payments authorifed by law. He
is not to be at liberty to pay any thing, ex
cel ptby virtue, firft, of a law, and only
to the extent of the funds for defravin®
* o
those expences such law has determin
ed upon, adly, by a decree of the govern
ment, }dly, by an order signed by a
mfter. ’ & y aiJ *
57. The detained accounts of every
nifter, signed and certified by him a,,
be made public. Cto
58. The government can only eleft
retain as counfellors of state or minjft
such citizens whose names are infcribep’
the national lift. **
59. The local administrations eftabliffi.
ed, whether for each communal dif tr
or for the more extended portions of-,
ritory, are subordinate to the minified*
No one can become or remain a
of these administrations unless he j s ent ‘
ed in one of the lifts mentioned in th* Hi
and 81 h articled. ,h
Chapter V.
. Os the Tribunal.
60. Every communal arrondiffemr«
ftiall have one or more justices of th
peace, elefted immediately citizens f,
. three yea-s. * r
Their principal duty consists i n reccn
ciling the parties applying to them, and i 0
case of non-conciliati©» r to decide tht*
dispute by arbitrators.
61. In civil matters there are tribunsh
of fir ft instance and, t.vdmnals of appeal
The law determines the organization cf
the one and the other j their compete^
& territory formingthejurifdiftionofeach*
62. In cases of crimes, to which are an.
nexed a corporal or infamons puniftjmenr
a firft jury admits of rejefts the charge. ]f
it be admitted, a second jury pronounces I
on the faand the judges compofinj 1 I
criminal tribunal apply the punishment,- I
Their judgment is without appeal. I
63. The function of public accafertoa I
criminal tribunal is filled by the commifli. I
oner of government.
64. The crimes which do notamoinst I
to corporal or infamous punishment are I
tried before the tribunals of correftional 1
police, saving an appeal to the criminaltri- I
bunals.
65. There is for the whole republic a I
tribunal of caffation which pronouncesoa I
appeals against judgments in the dernier, I
resort, given by the tribunals in cafesre-1
ferred from one tribunal, to an other,o# I
account of lawful suspicion, or the public I
fafety, upon exceptions taken by the par-1
ty against the whole tribunal. I
66. The tribunal of caffation does not I
inquire into the merits, but it reverfesthe I
judgment given on proceedings in vhkil
form is violated, or which contain fome>l
thing contrary to the expressed law, 14 M
fends the case back to be tried on theniß
rits by the tribunal, which has cognfxaaffl
of them.
67. The judges who constitute thetrl-l
bunals of firft instance, and the cororal-l
oners of government eftabliflied at the id-1
bunals, are taken from the communalorl
departmental lift. I
The judges forming the tribunals of ap- 1
peal, and the commissioners placed witii■
them, are taken from the departmental lill I
The judges composing the tribunal of ■
caffation, and the commissioners belongingfl
to that tribunal, are taken from the nation- H
al lift. I
68. The justices, except the jufticesotH
peace, remain in office for life, unless tbef H
should be condemned to forfeit their pla.es, ■
or fliould not be continued on the liftofß
eligibles correfpoding with their funsio.v*
Chapter VI. 1
Os the Refponjibility of the public FuftimV‘ th I
69. The funftions ofmembers, whetbflß
of the senate or of the legislative body,crK
of the tribunate, and also those of ft sCOII 'B
fuls or counfellors of state, do not difchs#*
them from responsibility. 9
70. Personal crimes, to which are an
nexed corporal or infamous puniflinW’-iB
committed by a member either of the «*■
uate, tribunate, legislative body,
council of state, are prosecuted before
ordinary tribunals, after a deliberation
the body to which the person charged l*'B
longs, has authorifed such prosecution. B
71. The ministers arraigned in their f r 'B
*vare capacity, of crimes to which are
nexed corporeal or infamous
are not confidcredn as members 011 ■
council of state. «B
72. The ministers are refponfible-jiMB
for every aft of government -B
them, and declared unconstitutional ;-B
the senate; second, for the non-execu-'® B
of the laws, and of the regulations ot
public administration ; third, for 1
particular orders which they have
these orders are contrary to the conU ‘"B
tion, the laws and ordinances. B
73. In thefeveral cases of the P rfC ;ijß
ing articles, the tribunate denoun ce ; ’Bf
minister by an aft on which the
body deliberates in ordinary fortn>
having heard or summoned the perte -'n
nounced. The minister placed in a
of judgement, is tried by a high W
without appeal or resource, tor a r£' e -' B