Page images
[ocr errors]

faw, proroguing their feffion from day to HEAD II. Of tbe Divifion of tbe Kingdom, day, and to try all persons for accused by any

and'ebe Srate of Citizens. citizen of property, with the affiítance of the I. France is divided into eighty-three De. Attornies General of Poland and Lithuania, partments, each Department into Districts, seizing all indicted persons with the aid of each District into Cantons. the national troops, which thall be ready to 11. Those are French Citizens who are act on the first order from the Executive born in France, of a French father ; who, Power as ihey Mall be directed, and occasion having been born in France of a foreign fae may require.

ther, have fixed their residence in the king

dom; who, having been born in a foreiga THE FRENCH CONSTITUTION. country of a French father, have returned ESTABLISHED AUG. 4, 1791.

to settle in Frence, and have taken the Civic Articles of the Declaration of the foreign country, being descended, in whatRighes of a Man and a Citizen, it proceeds : ever degree, from a Frenchman or French

The National Affembly, meaning to estab. woman who have left their country from relith the French Conftitution on the principles liguous motives, come to reside in France, recognized and declared above, aholishes ir- and take the Civic Oath. revocably the inftitutions that injure liberty III. Those who, being born out of the and equality of rights.

kingdom, of foreign parents, refide in France, There is no longer, for any part of the become French Citizens after five years of · Nation, or for any individual, any privilege continued resuence in the kingdom ; if,'beor exception to the comir.on right of ali fides, they have acquired real property, or Frenchmen.

married a Frenchwoman, or formed a comThe Law no longer recognizes religious mercial establishment, and if they have taken vows, or any other engagements contrary to the Civic Oath. natural rights, or to the Conftitution.

IV. The LegiNative Power may, from HEAD l. Fundimental Difpofitions guaranteed important considerations, naturalize a foc by the Constitution.

reigner, upon no other condition than that of The Constitution guarantees, as natural and reiding in France, and taking the Civic Oath. civil rights,

V. The Civic Oath is : " I swear to be I. That all Citizens are admillible to places « faithful to the Nation, the Law, and the and employments, without any dutinction “ King; and to maintain, with all my power, but that of ability and virtue.

“ the Constitution decreed by the Constituent 11. That all contributions Thall he divided “ National Allembly during the years 1789, equally among all the Citizens, in proportion 1790, and 1791." to their means.

Vi. The right of French Citizenship is Ill. That the same crimes shall be subject loft, to the same punishmen's, without distinction 1. By caturalization in a foreign country. of persons.

2. By being condemned to penalties which The Constitution in like manner guaran-, involve the Civic degradation, provided the tees, as natural and civil rights,

person condemned be not reinitated. Liberty of coming, going, or staying, ac 3. By sentence of contumacy. cording to the forms prescribed by law. 4. By an initiation into any foreign Order

Liberty of speaking, writing, and printing or Birdy, winch fall be supposed to require their thoughts, and of exerciting the religious proofs of nobility. worthip to which they are attached.

VII, French Citizens regarded in the light Of allemhling peaceably, and without arms, of those local relations which arise out of complying with the laws of police.

their associations in cities, and in certain divje of addrelling to all constituted authorities fions of territory in the country, form the by petition.

Communities. As liberty consists but in the power of do The Legislative Power may fix the extent ing right, the law may establih penalties of boundary of each Community. against acts injurious to society.

VIII. The Citizens of each community The Constitution guarantees the inviolabi. have the right to name Municipal Officers. lity of property.

IX. Municipal Officers shall be bound to Effects destined to services of public sci- exercise muncicipal functions as fixed by the licy belong to the Nation; those which were laws. appropriated to the expences of worship are Head !!!. Of the public Powers. at the disposal of the Nation.

1. The sovereignty is one, indivisible, and A general establishment of public suic- appertains to the Nation. cours shall be created, for the relief of the II. The Nation, from which flow all the poor.

powers, cannot exercise them but by delo. A public Instruction shall be created, com gation. mon to all Citizens, in proportion combined The French Constitution is representative. with the division of the kingdom.-[Not Ill. The Government is Mona chical ; to very clear.]

be éxercised by the King and his Ministers.

IV. The


iv. The Judicial Power is delegated to' nistrators of the Departments Tall deterJudges.

mine the rate for every district. CHAPTER I. OF THE LEGISLATIVE IV. None thall exercise the rights of an NATIONAL ASSEMBLY. .

active Citizen in more than one place, nor 1. The National Affembly, forming the employ another as his fubftitute. Legiflative Body, is permanent, and consists V. Those Mall be excluded who are in a of one Chamber only.

state of accusation or bankruptcy. 11. It shall be formed by new elections VI. The Primary Affemblies fhall name every two years --Each period of two years electors in proportion to the number of active shall form one Legislature.

Citizens refiding in the canton.-One elec. III. The renewal of the LegiNative Body tor to a hundred active Citizens; two, when Thall be matter of full right.

there shall be present from 151 to 250; and IV. The Legislative Body shall not be dis so on in this proportion. folved by the King.

VII. No man can be named elector, if, Section 1. Number of Representatives ; along with the conditions neceflary in order Basis of Representation.

to be an active Citizen, he does not join th it 1. The number of Representatires to the of paying a contribution direct of a day's iaLeginative Body shall be 745 ; independent bour *, of those that may be granted to the Colonies. SECTION III. Electoral Assemblies ; Noil. The Representatives thall be distri.

mination of Representatives. buted among the 8; Departments according J. The electors named in each Department to the three proportions of land, of popula. shall chuse the number of Representatives tion, and the contribution direct.

wbose nomination shall belong to the DepartIIl. Of the 745 Representatives, 297 are ment, and a number of Substitutes equal to attached to the land. Of these each Depart-" a third of the Representatives. nient Mall nominate three, except the De II.. The Representatives and Substitutes partment of Paris, which shall nominate shall be chosen by an absolute majority of only one.

IV. 249 Representatives are attributed to III. All active Citizens, whatever he their the population. The total mass of the active' state, profession, or contribution, may be population of the kingdom is divided into chosen as Representatives of the Nation), 249 parts, and each Department nominates IV. Excepting those who, under wliat. as many of the Deputies as it contains parts ever denomination, hold any employ in the of the population.

Royal Household. V. 249 Representatives are attached to the V. The exercise of the Municipal, Admi. contribution direct. The fum total of the nistrative, and Judiciary functions, shall be direct contribution of the kingdom is like incompatible with the function of a Reprewife divided into 249 parts, and each Depart sentative of the Nation during every period mert nominates as many Depaties as it pays of the Legislature.“ parts of the contribution.

VI. Members of the Legislative Body may Section II. Primary Allemblies; Nomi be re-electeil, but not till after an interval nation of Fletors.

of two years to I. In order to form a Legislative National Assembly, the active Citizens Thall convene * The Committees of Conftitution and of ja Primary Alsemblies in the cities and can Revision are of opinion, that, in order to tons.

preserve the purity of the National RepreII. To be an active Citizen, it is necessary, fentation, which in our Constitution is the

To be a Frenchman, or have become a first batis of liberty, it is of importance to Frenchman ;

secure as much as possible the independence To have attained twenty-five years com and enlightened ipirit of the Electoral Ailem. plete;

blies, and to let no limits to the conndence To have resided in the city or canton at repofed in them, and the freedom of choice leant for the space of one year ;

to which they are entitled ; consequently, To pay in any part of the kingdossa di- they propose to the Allembly to suppress the rect contribution at least equal to the value condition of a mark of silver attiched to the of three days labour, and to produce the ac elisability of the Members of the Legislative quittance;

Body, and to augment the contribution reNot to be in a menial capacity, namely, quired for electors. that of a servant receiving wiges ;

It follows, however, that the Electoral To be inscribed in the Municipality of the Bodies being formed previous to the present place of his residence in the list of the Na regulations, these alterations Mall bave no inLional Guards ;

fluence in the choice of the next Légidature. To have taken the Civic Onth.

+ The Commiltees of Conftitution and 11. Every six years the Legislative Body Revision regard the limitation ftipulated in fhall fix the minimum and the maximum of this article as contrary to liberty, and pernithe value of a day's labour, and the Admi cious to the National interest.

VII. The

[ocr errors]

VII. The Representatives named in the which shall be deemed lawful by the Legis. Departments Thall not be Representatives of lative Body. a peculiar Department, but of the whole Na. V. On the last day of May, whatever he tion ; and their freedom of opinion cannot the number of Members melent. they soul be controuled by any instructions either of constitute themselves a LegiNative National the Primary Allemblies, or of the electors. Allembly. SECTION IV. Sellion and Regulation of the Vi. The Representatives shall pronounce Primary and Electoral jemblies.

in a body, in the name of the French peo1. The functions of the Primary and E. ple, the oath “ To live free, or die !" lectoral Assemblies shall be limited merely They shall then individually take the oath to the right of chufing. As soon as the elec. to be in every respect faithful to the Nation, tion is over, they hall separate, and th ill the Law, and the King ot meet again till they thall have been sum VII. The Representatives of the Nation ioned.

are inviolable. They cannot be examined, II. None can vote if armed, or dressed in accused, or judged, at any time, with retject uniformi, unless he be in aciual service; and to what they may have said, writen, or perthen without arms.

formed, in the exercise of their functions of 111. No armed force can be introduced, Representatives. except at the express desire of the Alsembly, VIII. They may, for a criminal act, be unless in case of actual violence, when the seized as guilty of a flagrant crime, or in virorder of the President shall be sufficient to tue of an order of arreit; but notice thall he call in the aid of the public force.

given of it, without delay, to the Legitlative IV. Every two years there fall be drawn Body, and the prosecution Thall not be conii. up, in each district, lifts, by cantons, of the nued cill after the Leg Native Body shall have active Citizens, and the list of each cuton decided that there is ground of accusation. Thall be published and posted-up two months CHAPIER II. OF THE ROYALTY, THE before the meeting of the l'rimary Allenibly. RECENCY, AND THE MINISTERS.

The protests which shall be made, either Section 1. Of the Royalty and the Kings against the rights of Citizens named in the The Royalty is indivilible, and delegsteil litt, or on the part of those who shall arfirm hereditarily to the race on the throne from that they are unjustly omitted, thall be car mile to male, by order of primogeniture, to ried to the Tribunals, to be there decided. the perpetual exclunion of women and their

V. The Electoral Allemblies have the right descendants. of verifying the qualiiy and powers of thote II. The person of the King is sacred and who mali present themselves there; and inviolable; his title is king of tbe Forneb. their decisions shall be provisionally executed, III. There is no authoriy in France super with a reserve for the sentence of the Legis- rior to that of the law. The King reigns only lative Body.

by it, VI. Under no pretext whatever thall the TV. The King, on his acceffion to the King, or his agent, interfere in questions ie throne, or at the period of his majority, thal lative to the political rights of citizens. take so the Nation, in the presence of the SECTION V. Meeting of the Ripresentatives Legislative Body, the oatli, io employ all

in ike Legislative ivational dijmbly. the power delegated to him, to maintain the 1. The Representatives Thall convene on Consticution decre-d by the Conftituert Nathe first Monday of May, in order to supply tional Assembly in the years 1789, 1790), and the place of the last Legislature.

1791, and to cause the Lws to be executed," II. They fall form themleives provision If the Legislative Boily thall not be allemally under the presidence of the eldest of bied, the King shall cause a proclamation to their mumber, in order to verify the powers be illued, in which ful be expressed this of the Representatives prefer t.

oth, and a promite to repeat it as soon as III. As soon as these thall be verified, io the Legislative Body shall be met. the number of three hundred and seventy V. If the King refuses to take this oath, three Members, they shall coaticute them. after an invitation by the leg llative Body, or selves under the title of Legislative National if, after taking it, he tha'l retract, he thall Assembly ; they shall name a President, be held to have abdicated the Royalty. Vice President, and Secretaries, and enter VI. If the King put himself at the head of upon the exercise of their functions.

an army, and direct the forces of it against IV. During t'e whole of the month of the Nation, or if he do not oppose, by a forMay, if the number of Representatives pre- mal act, any such enterprize undertaken in fent tall thort of three hundred and seventy. his name, he thall be held to have abelicated, three, the Allembly thall not perform any VII. If the King go eut of the kingdom, Legislative act.

and is, after being invited by a proclamation They may issue an Arrêt, enjoining ab- of the Legillative Body, he do not return, tie fent Members to atteud their functions with Mhall be held to love abdicated. in tiste's days at fartbelt, under a penalty of VIII. After abdication, express or legal, 3000 livres, if they do not produce an excuse the King fall be in the class of citizens, and

may be accused and tried like them, for acts if the marry again during the minority, the posterior to his abdication.

care of him shall be delegated to the LegiflaIX. The particular eff: Ats which the King tive Body. poffelles at his acceflion to the throne, are For the care of the minor King, neither irrevocably united to the domain of the Na the Regent, nor his dcfcendants, nor a wo. tion; he has the disposition of those which man, can be chosen he acquires on his own private account; if IX. In case of the King's mental incapahe has not disposed of them, they are in like city, notoriously admitted, there shall be a manner united at the end of his reign. Regency as long as such incapacity continues.

X. The Nation makes provision for the SECTION III. Of tbe Royal Family. fplendour of the throne by a Civil Lift, of I. The presumptive heir thall bear the which the Legiflative Boily shall fix the sum name of Prince Roya'; at the commencemert of each reign for the He cannot go out of the kingdom without whole duration of that reign.

a decree, and the King's consent; XI. The King shall aproint an Aministra. If he is gone out of it, and does not return tor of the Civil Lift, who shall institute civil to proclamation, he is held to tuve abilicated Tuits in the naine of the King, and against the right of succeffion to the throne. whom personally shall all prosecutions for II. If the pretumptive heir is a minor, debt, due by the Civil Lift, he brought, and the relation, of full age, and next in order judgements given and executed.

to the Regency, is bound to reside within the SECTION II. Of tbe Regency.

kingdom. I. The King is a minor till the age of 18 In case of his going out of it, and not recomplete ; and during his minority there turning on the requisition of the legillative Thall be a Regent of the kingdom.

Bo y, he shall be held to have abdicated his II. The Regency belongs to the relation of righe to the Regency. the King, the next in degree according to 111. The mother of the minor King, hav. the order of succession to the throne, who ing the care of him, or the guardian elect, has attained the age of 25; provided he be a if they go out of the kingdom, forfeit their Frenchman, resident in the kingdom, and charge : not presumptive heir to any other crown),

If the mother of the presumptive heir, and have previousy taken the Civic Oath. minor, go out of the kingdom, she cannot,

Women are excluded from the Regency. even after her return, have the care of her

III. The Regent exercises, till the King's minor fun, become King, but by a decree of majority, all the functions of Royalty, and is the legifative Body. not personally responsible for the acts of his IV. The other members of the family of administration.

the King are subject only to the laws comIV. The Regent cannot begin the exercise mon to all Citizens. of his functions till after taking to the Nation, V. A law shall be made to regulate the in the presence of the Legislative Body, an education of the minor King, and that of the oath, “ to employ all the power delegated to minor heir presumptive. the King, and of which the exercise is con VI. No real apanage (in land) thall be fided to him during the minority of the King, granted to the members of the Royal Family. to maintain the Conftitution decreed by the The younger sons of the King shall receive, Constituent National Affembly in the years at the age of twenty-five, or on their mar: 1989, 1790, and 1791, and to cause the laws riage, an annuity, the aniount of which shall to be executed."

be fixed by the Legislative Body, and which If the Legifative Body is not affembled, shall terminate with the extinction of their the Regent shall caufe a Proclamation to be male heirs. issued, in which thall be exprefled this oath,

SECTION IV. Of Ministers. and a promise to repeat it as soon as the Le 1. To the King alone nelongs the choice gillative Body Thall be met.

and revocation of Ministers. V. As long as the Regent is not entered II. No oriler of the King can be executed on the exercise of his functions, the sanction 'if it be not figned by him, and countersigned of laws remain suspended; the Ministers by the Minister or Comptroller of the Decontinue to perform, under their responsibi. partment. lity, all the acts of the Executive Power. Ill. The Ministers are responsihle for all

VI. As foon as the Regent shall take the the offences committed by them against the oath, the Legislative Body shall fix his al national safety and the Constitution-for lowance, which shall not be altered during for every attack on individual property and his Regency.

liberty-for every abuse of the money allotVII. The Regency of the kingdom con- ted for the expences of their Department. fers no right over the person of the minor IV. În no cale can the written or verbal King.

order of a King shelter a Minister from revill. The care of the minor King Mall be sponsibility. confided to his mother; and if he has no V. The Ministers are bound to present mother, or if the be married again at the every year to the Legislative Body, at the nime of her son's accession to the throne, or opening of the fefsion, the amount of the ex


[ocr errors]

perces cf teir Department, to give an ac- menced, of an ally to be supported, or a Colyat of the emplo nof the funs deftrued right to he maintained hy force of irm, the for that purple, alid it mundim the abufes King mhall give noiication withou! velvy to which may bave crept into the different the Legislative Body, with an expiace"?. parts of the Goresante.

the realons: VI. No Miciilei, in or out of place, can 1f the Legislative Body decide that war be criminally protected for any tranfaction ought not to be made, the King Thall inof liis Adminstration without a decree of the tanti: take meatures to prevent or pita step Legislative Body.

to hoftilities, the Minilters buling rcipoulible CHAPTER 11! OF THE EXEXCISE OF

for all delay : THE LEGISLATIVE l'OWER.

If the Legillative Body find that the holi. SECTION I. Puwers and Functions of the lities commenced are a culpable agrretion

Leg;lative National offsembly. on the part of Ministers, or any other agent : 1. The Convititucion delegates exclusively of the Executive Power, the author of slje to the Legislative Boxiy the powers and func- aggression thall be prosecuted criminally: tions following:

During the whole course of war, the Le1. io propose and decree laws: the King gillative Body may require the King to neonly can invite the Le; illative Body to take gotiste peace; and the king is bound to yield an object into confideration.

to this requisition : 2. To fix ille public expences.

On the immediate conclusion of war, the 3. To esta'lith the pulic contributions, to Legislative Body Thall fix the time within determine ile nature of them, the amount of which the troops, levied above the peace each fort, and the mode of collection. establishment, thall be discharged, and the

4. To make the distribution of them a army reduced to its ordinary establishment. mong the several Departments of the king. Ill, it belongs to the Legislative Body to dom, to watcli over the application, and to ratify treaties of peace, alliance, and comdemand an account of it.

merce; and no treaty thall have effect but 5. To decree the creation or suppression by this ratincation. of public offices.

IV. The Legislative Body has the right of 6. To determine the quality, the impreso determining the place of its sit-inns, of cone fon, and the denomination, of money. timuing them as long as it shall think nccel

7: To permit or prohibit the introduction · fary, and of adjourning; at the commenceof foreign troops into the French territories, ment of each reign, if it is not sitting, it fa'l and of foreign naval forces into the perts of be bound to meet without delay : this kingdom.

It has the right of police in the place of its 8. To vote annually, on the King's propo- sitting, and to such extent around it as fhall sition, the number of men and thips of which be determined : the sea and, land forces ihall be composed ; It has the riglit of discipline over its Memthe puy and the number of each rank; the bers; but it can pronounce no heavier purules of admiliton and promotion; the forms nilhment than censure, airelt for eight diys, of inrolment and discharge; the formation or imprisonment for three : of naval equipments; the admitlion of fu It has the right of difpofing, for its lifety, reign troops or nasal forces in the French and the respect that is due to it, of the forcus service; and the penlions to troups on being which hall be establilled, by its conf-ni, in disbanded.

the city where it ihall hold its fittings. 9. Toregulate the administration and the V. The Executive Power cannot march, alication of the national domains.

or quarter, or itation, any troops of the lin, 10. To prosecute before the High National within 39,000 toiles of the Legillative Bouy, Court the Ministers and principal agents of except on the rewjuifition, or by the authority, the Executive Power on their respondibility; of that body.

To accuse and profecute, before the same Section 11. Helding of the Sittings, and Cout, those who thall be charged with: any

Form of deliberating offence or conspiracy against the general I. The deliberations of the cegillative Potafety of the State or the Constitution. dy shall be public, and the minutes of the

1. To establish the rules according to fittings Thall be printed. which marks of honour, or decorations 11. The Legislative Body may, however, merely perional, Thail be granted to those on any occafion, form itself into a General who have done service to the State.

Committee ; 12. The Legislative Body has the sole riglit Fifty members Mail have a right to deof decreeing posthumous honours to the me. mand it : mory of great men.

During the continuance of the General 11. War cannot be resolved on but by a Committee, the afliltants Thall retire', the decree of the National Allembly, palled on the chair of the President thall be vacaut, order formal and neceffary proportion of the King, Thall be maintained by the Vice Prendent : and sanctioned by him:

The dccrec cannot be pailed except in a In case of boftilities, imminent or com public fitting GENT. Mac. Supplement, 1761.

[ocr errors]
« PreviousContinue »