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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 who compofe each community have the right of chufing, according to the forms preferibed by the law, thofe among them who, under the name of municipal officers, are charged with the management of the particular affairs of the community. To the municipal officers may be delegated certain functions relative to the general intereft of the ftate.

IX. The rules which the municipal officers fhall be bound to follow in the exercife, bth of the municipal functions, and of thofe which fhall be delegated to them for the general intereft, hall be fixed by the laws.

HEAD III.

OF THE PUBLIC POWERS.

I. The fovereignty is one, indivifible, and appertains to the nation: ro fection of the people can arrogate the exer cife of it.

II. The nation, from which alone flow all the powers, cannot exercise them but by delegation.

The French Conftitution is reprefentative: the Reprefentatives are the Legiflative Body and the King.

III. The Legislative Power is delegated to a National Affembly, compofed of temporary reprefentatives, freely chofen by the people, to be exercited by this Affembly, with the fanction of the King,

in manner afterwards determined.

IV. The Government is monarchical; the executive power is delegated to the King. to be exercised under his authority, by miniiters and other refponfible agents, in manner afterwards determined.

V. The judicial power is delegated to judges, chofen for a time limited by the 'people.

CHAPTER I.

OF THE LEGISLATIVE NATIONAL

ASSEMBLY,

I. 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 Legislative Body fhall be matter of full right,

IV. The Legislative Body shall not be diffolved by the King.

SECTION I.

NUMBER OF REPRESENTATIVES. BASIS OF REPRESENTATION.

I. The number of reprefentatives to the Legiflative Body fhall be feven hun dred and forty-five, on account of the eighty-three Departments, of which the kingdom is composed; and independent, of thofe that may be granted to the colonies.

II. The Reprefentatives fhall be diftribute along the eighty-three Departments, according to the three proportions of land, of population, and the contribution direct.

III. Of the feven hundred and fortyfive Reprefenta ives, two hundred and forty teven arttached to the land. Of thele each Department fhall nominate which fhall nominate only one. three, except the Department of Paris,

IV. Two hundred and forty-nine Reprefentatives are attributed to the population. The total mais of the active population of the kingdom is divided into two hundred and ninety-four parts, and each Department nominates as many of the Deputies as it contains parts of the Population.

V. Two hundred and forty-nine Rebution direct. The fum-total of the di prefentatives are attached to the contrirect contribution of the kingdom is likewife divided into two hundred and fortynine parts, and each Department nomiof the contribution. nates as many Deputies as it pays parts

SECTION II.

PRIMARY ASSEMBLIES-NOMINATION OF

ELECTORS.

I. In order to form a Legislative National Affembly, the active citizens fhall convene in primary affen.blics, in the cities and cantons.

II. To be an active citizen, it is ne ceffary,

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 leaft for the space 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

ly,

Not to be in a menial capacity, nameat of a fervant receiving wages; To be infcribed in the Municipality of the place of his refidence in the liit of the National Guards;

To have taken the Civic Oath. III. Every fix years the Legislative Body thall fix the minimum and the maximum of the value of a day's lahour, and the Adminiftrators of the Departments fhall determine the rate for every dict.

IV. None fhall exercife the rights of an active citizen in more than one place, nor employ another as his fubftitute.

V. Thofe fhall be excluded from the rights of an active citizen who are in a ftate of accufation. Those who, after having been in a state of failure or bankruptcy, fhall not produce a general dif charge from their creditors.

VI. The primary Affemblies fhall name electors in the proportion of the number of active citizens reliding in the city or canton;

There fhall be named one elector to the Affembly, or not, according as there fhall happen to be prefent a hun dred active citizens;

There fhall be named two, when there fhall be prefent from one hundred and fitty-one to two hundred and fifty, and fo on in this proportion.

VII. No man can be named elector, if along with the conditions neceffary, in order to be an active citizen, he does not join that of paying a contribution direct of day's labour *.

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ment, and a number of Subftitutes equ. 1 to the third of the Reprefentatives.

II. The Reprefentatives and Subftitutes fhali he chofen by an abfolute majority of votes.

III. All active' citizens, whatever be their ftaté, prafeffion, or contribution, may be chofen as Reprefentatives of the

nation.

IV. Excepting nevertheless the Minifters and other agents of the executive power, revokeable at pleafure, the Commiffioners of the National Treatury, the Collectors and Receivers of the direct Contributions, thofe who fuperintend the collection and management of the indirect Contributions, and thofe who, under whatever denomination, hold any employ in the Royal Houfeholds

V. The exercife of the municipal, ade miniftrative, and judiciary functions, fhall be incompatible with the function' of a Reprefentative of the nation during, every period of the Legiflature.

VI. The Members of the Legislative Body may be re-elected to the next Legiflature, but not till after an interval of two years.

VII. The Reprefentatives named in the Departments fhail not be Reprefentatives of a particular Department, but of the whole nation; and their freedom of opinion cannot be controlled by any inftructions either of the primary Affemblies, or of the Electors.

SECTION IV.

SESSION AND REGULATION OF THE PRI MARY AND ELECTORAL ASSEMBLIES.

I. The functions of the primary and electoral Affemblies fhall be limited mere ly to the right of chufing; as soon as the election is over, they fhall feparate, and fhall not meet again till they fhall have been fumm.oned.

II. No active citizen can enter or vote

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*The Committees of Conftitution and of Revifion are of opinion, that in ordr to preferve the purity of the National Reprefentation, which in our Conflitution is the first bafis of Liberty, it is of importance to fecure as much as poffible the independence and enlightened fpirit of the Electoral Affemblies, aud to fet no limits to the confidence repofed in them, and the freedom of choice to which they are entitled; confequently they propofe to the Affembly to fupprefs the condition' mark of filver attached to the eligibility of the Members of the Legislative Body, and to augment the contribution required for Electors.

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It follows, however, that the Electoral Bodies being formed previous to the regulation, theie alterations fhall have no influence in the choice of the next Legiflature.

The Committees of Conftitution and Revifion regard the limitation ftipulated. n this Article, as contrary to Liberty, and pernicious to the national intereft.

in an Affembly, if he is armed or dreffed in an uniform, unleis he be in the fervice, in which cafe he may vote in uniform, but without arms.

III. No armed force can be introduced in the Meeting, except at the exprefs defire of the Affembly, unlefs in the cafe of actual violence, when the order of the Prefident shall be fufficient to call in the aid of the public force.

IV. Every two years there fhall be drawn up in each district lifts by cantons of the active citizens, and the lift of each canton fhall be published, and posted up two months before the meeting of the primary Affembly.

The protefts which fhall be made either against the right of citizens named in the lift, or on the part of the fe who fhall affirm that they are unjufly omitted, fhall be carried to the tribunals in order to be there decided upon.

The lift fhall ferve to regulate the admiffion of citizens in the next primary Affembly, in every point that shall have been afcertained by a fentence pronounced before the fitting of the Affembly.

V. The Electoral Affemblies have the right of verifying the quality and powers of thofe who fhall prefent themfelves there, and their decifions fhall be provifionally executed, with a referve for the fentence of the Legislative Body at the time of the verification of the powers of Deputies.

VI. In no cafe, and under no pretext, fhall the King, or any agents named by him, interfere in queftions relative to the regularity of the convocation, the fitting of the Affemblies, the form of elections, or the political rights of citi

zens.

SECTION V.

MEETING OF THE REPRESENTATIVES IN THE LEGISLATIVE NATIONAL ASSEMBLY.

I. The Reprefentatives fhall convene on the firft Monday of May, in order to fupply the place of the laft Legiflature.

II. They fhall form themfelves provifionally under the prefidence of the eldest of their number, in order to verify the powers of the Representatives prefent.

III. As foon as thefe fhall be verified, to the number of three hundred and feventy-three members, they fhall conftitute themselves under the title of Legiflative National Affembly; they fhall name a Prefident, Vice-Prefident, and

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Secretaries, and enter upon the exercise of their functions.

IV. During the whole of the month of May, if the number of the Reprefentatives prefent fall short of three hundred and feventy-three, the Affembly shall not perform any legislative act.

They may iffue an arret, 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 fhall be deemed lawful by the Legislative Body.

V. On the laft day of May, whatever be the number of Members present, they fhall confti ute themselves a Legislative National Affembly.

VI. The Reprefentatives fhall pronounce in a body, in the name of the French people, the oath, "to live free

or die !"

They fhall then individually take the oath to maintain, with all their power, the Conftitution of the kingdom, decreed by the Conftituting National Affembly, during the years 1789, 1790, and 1791, to propofe or affent to nothing in the course of the Legiflature which may at all tend to infringe it, and to be in every refpect 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 refpect to what they may have faid, written, or performed in the exer cife of their functions as Reprefenta tives.

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 fhall be given of it, without delay, to the Leg flative Body, and the profecution fhall not be continued, till after the Legislative Body fhall have decided that there is ground of accufation.

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III. There is no authority in France fuperior to that of the Law. The King reigns only by it, and it is only in the name of the law that he can require obedience.

IV. The King, on his acceffion to the throne, or at the period of his majority, fhall 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 decreed by "the constituent National Affembly in "the years 1789, 1790, and 1791, and "to caufe the laws to be executed."

If the legislative body fhall not be affembled, the King fhall caufe a proclamation to be iffued, in which shall be expraffed this oath, and a promise to repeat it as foon as the legislative body shall

meet.

V. If the King refufe to take this oath, after an invitation by the legislative body, or if, after taking it, he fhall retract, he fhall 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 oppofe, by a formal act, any fuch enterprife undertaken in his name, he fhail be held to have abdicated.

VII. If the King go out of the kingdom, and if, after being invited by a proclamation of the legislative 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 may be accufed and tried like them, for acts pofterior to his abdica

tion.

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 thofe 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 Lift, of which the Legiflative Body fhall fix the fum at the commencement of each reign, for the whole duration of that reign.

XI. The King fhall appoint an Adminiftrator of the Civil Lift, who fhall inftitute civil fuits in the name of the King, and against whom perfonally fhall

all profecutions for debts, due by the Civil Lift, be brought, and judgments given and executed.

SECTION II.

OF THE REGENCY.

I. The King is a minor till the age of eighteen complete; and during his minority there fhall be a Regent of the kingdom.

II. The Regency belongs to the relation of the Kg, the next in degree according to the order of fucceffion to the throne, who has attained the age of twenty-five; provided he be a Frenchman, refident in the kingdom, and no prefumptive heir to any other Crown, and have previously taken the Civic Oath.

Women are excluded from the Re gency.

III. The Regent exercifes, till the King's majority, all the functions of Royalty, and is not perfonally refponfible 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 exercife is confided to him during the minority of the King, to maintain the Conftitution decreed by the Conftituent National Affembly in the years 1789, 1790, and 1791, and to cause the laws to be executed.

If the Legislative Body is not affembled, the Regent fhall caufe a proclamation to be iffued, in which shall be expreffed this oath, and a promife to repeat it as foon as the Legislative Body shall be

met.

V. As long as the Regent is not entered on the exercife of his functions, the fanction of laws remains fufpended, the Minifters continue to perform, under their refponsibility, all the acts of the Executive Power.

VI. As foon as the Regent shall take the oath, the Legiflative Body fshall 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 fhe be married again, at the time of her fon's acceffion to the throne, or if the marry again during the minority, the

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care of him fhall be delegated by the Legislative Body.

For the care of the minor King, neither the Regent, nor his descendants, nor a woman can be chofen.

IX. In cafe of the King's mental in capacity notoriously admitted, legally proved, and declared by the Legislative Body, after three fucceffive deliberations held monthly, there fhall be a Regency as long as fuch incapacity continues.

SECTION III.

OF THE ROYAL FAMILY,

I. the prefumptive heir fhall bear the name of Prince Royal.

He cannot go out of the kingdon, without a decree of the Legislative Body, and the King's confent.

If he is gone out of it, and if, after being required by a proclamation of the Legislative Body, he do not return to France, he is held to have abdicated the right of fucceffion to the throne.

II. 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 Legi flative Body, he fhall 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:

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If the mother of the prefumptive heir, a minor, go out of the kingdom, the 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 fhall be fixed by the Legislative Body, and which fail terminate with the extinction of their male-heits.

SECTION IV.

OF MINISTERS.

II. No order of the King can be exe cuted, if it be not figned by him, and counterfigned by the minifler or comptroller of the department.

III. The minifters are refponsible for all the offences committed by then against the national fafety and the Conftitution

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 verba. order of a King fhelter a Minifter trom refponfibility.

V. The Minifters are bound to prefent every year to the Legiflative Body, at of the expences of their department, to the opening or the feffion, the amount give an account of the employment of the fums defined for that purpofe, and to mention the abufes which may have crep into the different parts of the Go

vernment. 1

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POWERS AND FUNCTIONS OF THE LEGISLATIVE NATIONAL ASSEMBLY.

I. The Conftitution Delegate exclufively to the Legiflative Body, the powers and functions following:

King can only invite the Legislative 1. To propofe and decree laws: The Body to take an object into confideration.

2. To fix the public expences.

to determine the nature of them, the a3. To eftablish the public contributions, mount of each fort, and the mode of collection.

4. To make the diftribution of them among the feveral departments of the kingdom, to watch over the application, and to demand an account of it.

5. To decree the creation or fuppreffion of public offices.

6. To determine the quality, the im- preffion, and the denomination of money.

7. Te permit or prohibit the introduction of foreign troops into the French territories, and of foreign naval forces into the ports of the kingdom.

8. To vote annually, on the King's propofition, the number of men an fhips,

I. To the King alone belongs the of which the fea and land forces fhali be choice and revocation of minifiers.

compofed; the pay and the number of

each

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