J196 New Conftitution of the Government of Poland. the kingdom is divided. Thofe Courts, both primary and final, fhall be for the equeftrian order, and all proprietors of landed property. 2. We determine feparate Courts for the free royal towns. 3. Each province hall have a Court of Referendaries for the trial of caufes relating to the peasantry, who are all hereby declared free. 4- Courts, curial and affefforial, tribunals for Courland, and relational, are hereby confirmed. 5. Executive commiffions shall have judicial power in matters relative to their administration. 6. Besides all these, there fhall be one fu preme general tribunal for all the claffes, called a Comitial Tribunal or Court, compofed of perfons chofen at the opening of every Diet. This tribunal is to try all the perfons accused of crimes against the State. Laftly, we shall appoint a Committee for the forming a civil and criminal code of laws, by perfons whom the Diet fhall elect for that purpose. Art. IX. Regency.-The fame Council of Infpection is to compofe the Regency, with the Queen at their head, or, in her abfence, with the Primate of the kingdom. The Regency may take place only, 1. During the King's minority. 2. in cafe of the King's fettled alienation of reafon. 3. In cafe of the King's being made a prifoner of war. Minority is to be confidered till eighteen years are completed, and the malady muft be declared in the exifting Diet by the plurality of three-fourths of votes of both combined Houses. When the King comes of age, or recovers his health, or returns from captivity, the Regency thall cease, and shall be accountable to him, and refponfible to the Nation in their perfons and fortunes, for their actions during their office. Art. X. Education of Kings' Children. The King's fons, being defigned fuccellors to the Crown, are the firit children of the country. Thence the care of their proper education, without encroaching, however, on the right of their parents, devolves naturally upon the nation. During the King's life, the King himself, with the Council, and a Tutor, appointed by the States, ball fuperintend the education of the Princes. In time of a Regency, it fhall be intrufted with this declion jointly with the abovementioned Tutor. In both cafes this Tutor, named by the States, is to make his report before each ordinary Diet of the education and progress of the Princes. Art. XI. National Force, or the Army The Nation is bound to preferve its po frons against invation; therefore, all inhabi [Suppl. tants are natural defenders of their country and its liberties. The army is only an extract of defenfive regular force from the general mafs of national Atrength. The Nation owes to the army reward and refpect, because of its devoting itself wholly for the defence of the country. The army owes to the Nation to guard the frontiers against enemies, and to maintain public tranquillity within. This national force, therefore, fhall he employed for garrifoning fortreffes, and affitting the Civil Power in the execution of the law against thofe that are refractory. Declaration of the States affembled. All laws and ftatutes, old and new, contrary to the prefent Conflitution, or to any part thereof, are hereby abolished; and every paragraph in the foregoing articles to be a competent part of the prefent Conftitution is acknowledged. We recommend to the Executive Power to fee the Council of Inspection immediately begin its office under the eye of the Diet, and continue its duties without the least interruption. We fwear before God and the Country to maintain and defend, with all poffible human power, the prefent Conftitution; and confidering this oath as a proof of real love of our country, we comn and all magiftrates and troops here prefent to take it immediately. The commillion of war fhall iffue orders to the reft of the army quartered in the kingdom, and in the Grand Dutchy of Lithuania, to do the fame within one month at fartheft from the date of the prefent law. We recommend to our Bishops to appoint one and the fame day of public thanksgiving to God Almighty in all churches over the kingdom; alfo, we appoint a day, N. N. for the folemn celebrating by us and our pofterity of a commemoration anniversary for the mercies of the Supreme Being thewn to us after so many public calamities. And that future ages may know and feel that it is by the affiftance of the Supreme Difpofer of nations we have furmounted the greatest difficulties and obstacles, and effected this happy Revolution, we decree, that a church fhall be erected and confeciated to Divine Providence, in memory of this event, and at the expence of the States. Having thus fatisfied our general feelings on this event, we turn our attention towards fecuring the fame Conftitution, by delaring and enacting, that whoever should dare to oppofe it, or to disturb the public tranquillity, either by exciting miftruft, or by perverfe interpretation of this Constitution, and much more by forming infurrections and confederacies, either openly or fecretly, fuch perfon or perfons are declared to be enemies and traitors to their country, and shall be pu nifhed with the utmost rigeur by the Corntial Tribunal. For this purpose we order this tribunal to fit uninterruptedly at War jaw, faw, proroguing their feffion from day to day, and to try all perfons fo accused by any citizen of property, with the affiitance of the Attornies General of Poland and Lithuania, feizing all indicted perfons with the aid of the national troops, which shall be ready to act on the first order from the Executive Power as they fhall be directed, and occafion may require. THE FRENCH CONSTITUTION. A ESTABLISHED AUG. 4, 1791. FTER the Preamble, and feventeen Articles of the Declaration of the Rights of a Man and a Citizen, it proceeds: The National Affembly, meaning to establifh the French Conftitution on the principles recognized and declared above, abolishes irrevocably the inftitutions that injure liberty and equality of rights. There is no longer, for any part of the -Nation, or for any individual, any privilege or exception to the common right of all Frenchmen. The Law no longer recognizes religious vows, or any other engagements contrary to natural rights, or to the Conftitution. HEAD 1. Fundamental Difpofitions guaranteed, by the Conftitution. The Conftitution guarantees, as natural and civil rights, I. That all Citizens are admiffible to places and employments, without any diftinction. but that of ability and virtue. II. That all contributions fhall be divided equally among all the Citizens, in proportion to their means. III. That the fame crimes fhall be fubject to the fame punishments, without diftinction of perfons. The Conftitution in like manner guarantees, as natural and civil rights, Liberty of coming, going, or staying, according to the forms prescribed by law. Liberty of fpeaking, writing, and printing their thoughts, and of exercifing the religious worship to which they are attached. Of alfembling peaceably, and without arms, complying with the laws of police. Of addreffing to all constituted authorities by petition. As liberty confifts but in the power of doing right, the law may establish penalties against acts injurious to fociety. The Conftitution guarantees the inviolability of property. Effects destined to fervices of publicatility belong to the Nation; thofe which were appropriated to the expences of worthip are at the difpofal of the Nation. A general establishment of public fuccours fhall be created, for the relief of the poor. A public Inftruction fhall be created, common to all Citizens, in proportion combined with the divifion of the kingdom.~[ Not very clear.] HEAD II. Of the Divifion of the Kingdom,' I. France is divided into eighty-three De- II. Those are French Citizens who are born in France, of a French father; who, having been born in France of a foreign father, have fixed their refidence in the kingdom; who, having been born in a foreign country of a French father, have returned to fettle in Frence, and have taken the Civic Oath; in fine, who, having been born in a foreign country, being defcended, in whatever degree, from a Frenchman or Frenchwoman who have left their country from religious motives, come to refide in France, and take the Civic Oath. III. Those who, being born out of the kingdom, of foreign parents, refide in France, become French Citizens after five years of continued refidence in the kingdom; if, befides, they have acquired real property, or married a Frenchwoman, or formed a commercial establishment, and if they have taken the Civic Oath. IV. The Legislative Power may, from important confiderations, naturalize a foreigner, upon no other condition than that of refiding in France, and taking the Civic Oath. V. The Civic Oath is: "I fwear to be "faithful to the Nation, the Law, and the "King; and to maintain, with all my power, "the Conftitution decreed by the Conftituent "National Affembly during the years 1789, 66 1790, and 1791." VI. The right of French Citizenship is loft, 1. By naturalization in a foreign country. 2. By being condemned to penalties which involve the Civic degradation, provided the perfon condemned be not reinstated. 3. By fentence of contumacy. 4. By an initiation into any foreign Order or Body, which fhall be fuppofed to require proofs of nobility. VII. French Citizens regarded in the light of thofe local relations winch arife out of their affociations in cities, and in certain divifions of territory in the country, form the Communities. The Legislative Power may fix the extent of boundary of each Community. VIII. The Citizens of each Community have the right to name Municipal Officers. IX. Municipal Officers shall be bound to exercife muncicipal functions as fixed by the 1198 New Conflitution of the French Government. IV. The Judicial Power is delegated to CHAPTER I. OF THE LEGISLATIVE 1. The National Affembly, forming the Legiflative Body, is permanent, and confifts of one Chamber only. II. It fhall be formed by new elections every two years -Each period of two years fhall form one Legislature. III. The renewal of the Legiflative Body fhall be matter of full right. IV. The Legiflative Body shall not be diffolved by the King. SECTION 1. Number of Reprefentatives; I. The number of Representatives to the Legislative Body shall be 745; independent of thofe that may be granted to the Colonies. 11. The Representatives fhall be dittributed among the 83 Departments according to the three proportions of land, of population, and the contribution direct. III. Of the 745 Reprefentatives, 247 are attached to the land. Of thefe each Department fhall nominate three, except the Department of Paris, which fhall nominate only one. IV. 249 Representatives are attributed to the population. The total mafs of the active population of the kingdom is divided into 249 parts, and each Department nominates as many of the Deputies as it contains parts of the population. V. 249 Reprefentatives are attached to the contribution direct. The fum total of the direct contribution of the kingdom is likewife divided into 249 parts, and each Departmest nominates as many Depaties as it pays parts of the contribution. SECTION II. Primary Assemblies; Nomination of Flectors. I. In order to form a Legislative National Affembly, the active Citizens fhall convene jo Primary Affemblies in the cities and can tons. II. To be an active Citizen, it is neceffary, To be a Frenchman, or have become a Frenchman; To have attained twenty-five years complete; To have refided in the city or canton at left for the pace of one year; To pay in any part of the kingdom'a direct contribution at leaft equal to the value of three days labour, and to produce the acquittance; Not to be in a menial capacity, namely, that of a fervant receiving wages ; To be infcribed in the Municipality of the place of his refidence in the lift of the National Guards; To have taken the Civic Oath. III. Every fix years the Legiflative Body fhall fix the minimum and the maximum of the value of a day's labour, and the Admi [Suppl. niftrators of the Departments fhall determine the rate for every district. IV. None shall exercife the rights of an active Citizen in more than one place, nor employ another as his fubftitute. V. Thofe fhall be excluded who are in a ftate of accufation or bankruptcy. VI. The Primary Affemblies fhail name electors in proportion to the number of active Citizens refiding' in the canton.-One elec tor to a hundred active Citizens; two, when there fhall be present from 151 to 250; and fo on in this proportion. VII. No man can be named elector, if, along with the conditions necessary in order to be an active Citizen, he does not join that of paying a contribution direct of a day's la bour *. SECTION III. Electoral Assemblies; Nomination of Reprefentatives. J. The electors named in each Department fhall chufe the number of Reprefentatives whofe nomination fhall belong to the Department, and a number of Substitutes equal to a third of the Representatives. II. The Reprefentatives and Substitutes fhall be chofen by an abfolute majority of votes. III. All active Citizens, whatever be their state, profeffion, or contribution, may be chofen as Reprefentatives of the Nation. IV. Excepting those who, under whatever denomination, hold any employ in the Royal Household. V. The exercise of the Municipal, Adminiftrative, and Judiciary functions, shall be incompatible with the function of a Reprefentative of the Nation during every period of the Legiflature. VI. Members of the Legislative Body may be re-elected, but not till after an interval of two years t. The Committees of Conftitution and of Revifion are of opinion, that, in order to preferve the purity of the National Reprefentation, which in our Conftitution is the firft bafis of liberty, it is of importance to fecure as much as poffible the independence and enlightened spirit of the Electoral Affemblies, and to fet no limits to the confidence repo fed in them, and the freedom of choice to which they are entitled; confequently, they propose to the Affembly to fupprefs the condition of a mark of filver attached to the elipility of the Members of the Legislative Body, and to augment the contribution required for electors. It follows, however, that the Electoral Bodies being formed previous to the present regulations, thefe alterations shall bave no influence in the choice of the next Legislature. + The Committees of Conftitution and Revifion regard the limitation ftipulated in this article as contrary to liberty, and pernicious to the National interest. VII. The VII. The Representatives named in the Departments fhall not be Reprefentatives of a peculiar Department, but of the whole Nation; and their freedom of opinion cannot be controuled by any inftructions either of the Primary Affemblies, or of the electors. SECTION IV. Seffion and Regulation of the Primary and Electoral Affemblies. 1. The functions of the Primary and Electoral Affemblies fhall be limited merely to the right of chufing. As foon as the elec. tion is over, they fhall feparate, and thall ot meet again till they fhall have been fumioned. II. None can vote if armed, or dreffed in uniform, unless he be in actual fervice; and then without arms. 11. No armed force can be introduced, except at the express defire of the Alfembly, unlefs in cafe of actual violence, when the order of the Prefident fhall be fufficient to call in the aid of the public force. IV. Every two years there fhall be drawn up, in each diftrict, lifts, by cantons, of the active Citizens, and the lift of each canton fhall be published and pofted-up two months before the meeting of the Primary Affembly. The protests which fhall be made, either against the rights of Citizens named in the lift, or on the part of those who shall affirm that they are unjustly omitted, fhall be carried to the Tribunals, to be there decided. V. The Electoral Affemblies have the right of verifying the quality and powers of thote who fhall prefent themfelves there; and their decifions fhall be provifionally executed, with a referve for the fentence of the Legiflative Body. VI. Under no pretext whatever thall the King, or his agent, interfere in questions relative to the political rights of Citizens. SECTION V. Meeting of the Reprefentatives in the Legislative National Affembly. I. The Reprefentatives fhall convene on the first Monday of May, in order to fupply the place of the last Legislature. II. They fhall form themfelves provifionally under the prefidence of the eldest of their number, in order to verify the powers of the Reprefentatives prefer t. III. As foon as thefe fhall be verified, to the number of three hundred and feventythree Members, they fhall conftitute themfelves under the title of Legiflative National Affembly; they fhall name a Prefident, Vice Prefident, and Secretaries, and enter upon the exercife of their functions. IV. During the whole of the month of May, if the number of Reprefentatives prefent fall thort of three hundred and feventy three, the Ailembly hall not perform any Legiflative act. They may iffue an Arrêt, enjoining abfent Members to attend their functions within fifteen days at fartheft, under a penalty of 3000 livres, if they do not produce an excufe which shall be deemed lawful by the Legif. lative Body. V. On the last day of May, whatever he the number of Members prefent. they fhall conftitute themselves a Legislative National Aflembly. VI. The Representatives fhall pronounce in a body, in the name of the French peo ple, the oath "To live free, or die !" They fhall then individually take the oath to be in every respect faithful to the Nation, the Law, and the King. VII. The Reprefentatives of the Nation are inviolable. They cannot be examined, accufed, or judged, at any time, with respect to what they may have faid, written, or performed, in the exercife of their functions of Reprefentatives. VIII. They may, for a criminal act, be feized as guilty of a flagrant crime, or in virtue of an order of arreft; but notice shall be given of it, without delay, to the Legislative Body, and the profecution fhall not be conti nued till after the Legiflative Body fhall have decided that there is ground of accufation. CHAPTER II. OF THE ROYALTY, THE REGENCY, AND THE MINISTERS. SECTION 1. Of the Royalty and the Kings The Royalty is indivifible, and delegated hereditarily to the race on the throne from male to male, by order of primogeniture, to the perpetual exclufion of women and their defcendants. II. The perfon of the King is facred and inviolable; his title is King of the French. III. There is no authority in France fuperior to that of the law. The King reigns only by it. IV. The King, on his acceffion to the throne, or at the period of his majority, thail take to the Nation, in the prefence of the Legislative Body, the oath, “ To employ all the power delegated to him, to maintain the Conftitution decred by the Conftituent National Affembly in the years 1789, 1790, and 1791, and to caufe the laws to be executed." If the Legislative Body thall not be affembied, the King fhall caufe a proclamation to be iffued, in which shall be expreffed this outh, and a promite to repeat it as foon as the Legiflative Body shall be met. V. If the King refufes to take this oath, after an invitation by the Leg flative Body, or if, after taking it, he fhal retract, he thall be held to have abdicated the Royalty. VI. If the King put himself at the head of an army, and direct the forces of it against the Nation, or if he do not oppose, by a formal aft, any fuch enterprize undertaken in his name, he thall be held to have abdicated, VII. If the King go eut of the kingdom, and if, after being invited by a proclamation of the Legiflative Body, he do not return, he fhall be held to have abdicated. VIII. After abdication, exprefs or legal, the King fhall be in the class of citizens, and голу 1200 New Conftitution of the French Government. may be accused and tried like them, for acts pofterior to his abdication. IX. The particular effects which the King poffeffes at his acceffion to the throne, are irrevocably united to the domain of the Nation; he has the difpofition of those which he acquires on his own private account; if he has not difpofed of them, they are in like manner united at the end of his reign. X. The Nation makes provifion for the fplendour of the throne by a Civil List, of which the Legislative Body shall fix the fum at the commencement of each reign for the whole duration of that reign. XI. The King fhall appoint an Aministrator of the Civil Lift, who fhall inftitute civil fuits in the name of the King, and against whom perfonally fhall all profecutions for debt, due by the Civil Lift, be brought, and judgements given and executed. SECTION II. Of the Regency. I. The King is a minor till the age of 18 complete; and during his minority there fhall be a Regent of the kingdom. II. The Regency belongs to the relation of the King, the next in degree according to the order of fucceffion to the throne, who has attained the age of 25; provided he be a Frenchman, refident in the kingdom, and not prefumptive heir to any other crown, and have previously taken the Civic Oath. Women are excluded from the Regency. III. The Regent exercifes, till the King's majority, all the functions of Royalty, and is not perfonally responsible for the acts of his administration. IV. The Regent cannot begin the exercife of his functions till after taking to the Nation, in the prefence of the Legiflative Body, an oath," to employ all the power delegated to the King, and of which the exercise is confided to him during the minority of the King, to maintain the Conftitution decreed by the Constituent National Affembly in the years 1789, 1790, and 1791, and to caufe the laws to be executed." If the Legiflative Body is not affembled, the Regent shall caufe a Proclamation to be iffued, in which fhall be expressed this oath, and a promise to repeat it as foon as the Legiflative Body fhall be met. V. As long as the Regent is not entered on the exercife of his functions, the fanction of laws remain fufpended; the Minifters continue to perform, under their refponfibi lity, all the acts of the Executive Power. VI. As foon as the Regent fhall take the oath, the Legislative Body fhall fix his allowance, which shall not be altered during his Regency. VII. The Regency of the kingdom confers no right over the perfon of the minor King. VIII. The care of the minor King fhall be confided to his mother; and if he has no mother, or if the be married again at the sime of her fon's acceffion to the throne, or [Supp!. if the marry again during the minority, the care of him shall be delegated to the Legiflative Body. For the care of the minor King, neither the Regent, nor his defcendants, nor a woman, can be chofen IX. In cafe of the King's mental incapacity, notoriously admitted, there fhall be a Regency as long as fuch incapacity continues. SECTION III. Of the Royal Family. I. The prefumptive heir thall bear the name of Prince Roya'; He cannot go out of the kingdom without a decree, and the King's confent; If he is gone out of it, and does not return to proclamation, he is held to have abdicated the right of fucceflion to the throne. 11. If the prefumptive heir is a minor, the relation, of full age, and next in order to the Regency, is bound to refide within the kingdom. In cafe of his going out of it, and not returning on the requifition of the Legislative Body, he shall be held to have abdicated his right to the Regency. III. The mother of the minor King, having the care of him, or the guardian elect, if they go out of the kingdom, forfeit their charge: If the mother of the prefumptive heir, a minor, go out of the kingdom, fhe cannot, even after her return, have the care of her minor fon, become King, but by a decree of the Legiflative Body. IV. The other members of the family of the King are fubject only to the laws common to all Citizens. V. A law fhall be made to regulate the education of the minor King, and that of the minor heir prefumptive. VI. No real apanage (in land) fhall be granted to the members of the Royal Family. The younger fons of the King fhall receive, at the age of twenty-five, or on their marriage, an annuity, the amount of which thall be fixed by the Legislative Body, and which fhall terminate with the extinction of their male heirs. SECTION IV. Of Minifters. I. To the King alone belongs the choice and revocation of Ministers. II. No order of the King can be executed if it be not figned by him, and counterfigned by the Minifter or Comptroller of the Department. III. The Minifters are refponfible for all the offences committed by them against the national fafety and the Conftitution-for for every attack on individual property and liberty-for every abufe of the money allotted for the expences of their Department. IV. In no cafe can the written or verbal order of a King shelter a Minister from refponfibility. V. The Ministers are bound to present every year to the Legislative Body, at the opening of the feffion, the amount of the ex pences |