Abbildungen der Seite



[ocr errors]



certain divifions of territory in the coun IV. The Legislative Bdy fall not be try form the communities.

disolved by ihe King. The Legislative Power may fix the extent of boundary of each community,

SECTION I, Viil. The citizens who con.pofe rach community have the right of chusing, according to the forms prescribed by the law, thote among them who, under the I, The number of representatives to name of municipal officers, are charged the Legislative Body shall be seven hun. with the management of the particular dred and forty-five, on account of the affairs of the community. To the mu- eighty-three Departments, of which ihe nicipal officers may be delegated certain kingdom is composed; and independent functions relative to the general interest of those that nay be granted to the coof the ftate.

lonits. IX. The rul's which the municipal II. The Representatives fhall be dif. oficers fhall be bound to follow in ilie tribute a 0.g the eighty-three Departexercise, b th of the municipal func- menis, accorcing to the three proportions, and ot thofe whic' fhall be dele. tions of lani, of population, and the gated to them for the general intereft, contribution direct. shall we fixed by the laws.

III. Of the seven hundred and forty.

five Representa:ives, iwo hundred and HEAD III.

forty leven artached to the land. Of

thele cach Depaiment shall nominate 1. The fovereignty is ove, indivisible, which shall scminate only ons.

three, exo-prilie Department of Paris, and appertains to the nation : ro f1c

IV. Two hundred and fortyenine Re. tion of the people can arrogate the exer,

prefentatives are attributed to ile popu. çise of it.

lation. The total mals of the aclive po. II. T. nation, from which alone fow all the powers, cannot exercise thein bu: pulation of the kingdom is divided into

two hundred and ninety-four parts, and by delegation. The French Conftitution is reprefen: the Deputies as it contains parts of the

each Department nominates as many of tative: the Representatives are the Le

Population. gift. 'ody and the King.

V. Two hundred and forty-nine Reo III. The Ligiflative Piwer is deleçated to a Niional Aff .biy, compared bution direct. The fum-total of the di

presentatives are attached to ihe contri, of te.xiporary representatives, ireely cho

rect contribution of the kingdom is like: fin by tbe people, to be exerciler' by this Asembly, with the fanction of the King, nine parts, and each Deparmen: nomi

wife divided into two hundred and fortyin manner afterwuds determined. IV. The Government is monarchical; of the contribution.

natts as many Deputies as it pays paris the executive power is delegated to the Kiag. to be exercised unler his autho.

SECTION II. ric;', by miniters and other r onlib e agenis, in manner atterwards determined.

V. Tie judicial power is delegated to judges, chosen for a time limited by the tioral Assembly, the active citizens Mall

I. In order to form a Legislative Napeople.

convene in prinary afien.blics, in the CHAPTER 1.

cicies and cantons.

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

To be a Frenchman, or have become I. The National Assembly, forming a Frenchman; the Legislative Bodiy, is permanent, and

To have attained twenty-five years corlifts ef one chamber only.

com.plete; II. It hall be formed by new elec To have resided in the city or canton tions every two years,

at least for the space of one year; Each period of two years fall form To


any pari

of the'k ngdom a one Legislature.

direct contribution, at kaft equal to the III. Te renewal of the Legislative value of three days labour, and to proBody shall be mat:er of full right, duce the acquittance;






Not to be in a menial capacity, name ment, and a number of Substitutes equ. 1 ly, that of a fervant receiving wages ; to the third of the Representatives.

To be inscribed in the Minicipality II. Tie, Representatives and Substiof the place of his refidence in the list tutes íhalı he chosen by an absolute maof the National Guards ;

jority of votesi To have taken ihe Civic Oath.

III. All active' ciizens, whatever be III. Every fix years the Legislative their ítaré, prafefliomi, or contribution, Body shall fix the minimum and the may be chosen as Representatives of the maximum of the value of a day's lahour, natinn. and the Adminiftrators of the Depart IV. Excepting nevertheless the Miniments thall determine the rate for every sters and other agents of the executive diftiia.

power, revukeable at pleasure, the ComIV. None mall exercise the rights of milliers of the National Trealury, the an active citizen in more than one places Collectors and Receivers of the direct nor employ another as his fubftitute. Contributions, thofe who fuperin end

V. Those ihall be excluded from the the collection and management of the rigits of an active citizen wlio are in a indirect Contributions, and those who; state of accufation. Those who, afrer under whatever denomination, hold any having been in a fate of failure or bank emplov in the Royal Household. ruptcy, Mall not produce a general disa V. The exercise of the municipal, adó charge from their creditors.

ministrative, and judiciary, fun&tions, vi. The primary All-nıblies shall thail he incompatible with the function name electors in the proportion of the of a Representative of the nation during, number of active citizens retiding in the every period of the L gislature. city or canton ;

VÍ. The Members of the Legislative There shall be named one elector to Body may be re-elected to the next Lethe Afierbiy, or not, according as gislature, but not till after an interval of there shall happen to be present a hun two years to: dred active citizens ;

VII. The Representatives named in There shall be named two, when there the Departments Mail not be Represenhall be present from one hundred and tatives of a particular Department, but fifty-one to two hundred and fifty, and of the whole na.ion; and their freedom fo on in this proportion.

of opinion cannot be controlled by any Vii. No man can be named elector, instructions' either of the primary Alif along win the conditions necessiry, in semblies, or of the Electorsi order to be an active citizen, he does not join that of paying a contribution direct

SECTION IV. of day's labour *.


I. The functions of the primary and ASSEMBLIES-NOMINATION

electoral Assemblies shall be limited nierea

ly to the right of chusing; as soon as the I. The Electors named in each De election is over, they shall separate, and partment shall convene in order to chure

shall not meet again till they shall have the number of Representatives, whose been fumooned. nomination Mail belong to the Depart II. No active citizen can enter or vote






* The Cominittees of Constitution and of Revision are of opinion, that in ord to preserve the purity of the National Repr:fentation, which in our Conftitution is the first basis of Liberty, it is of inporiate to secure as much as posible the independence and enlightened spirit of the Electoral Afleinblies, and to fel nu limnirs to the confidence reposed in them, and the freedom of choice to which they are entitied; confequently they propore to the Af:mbiy to fuppress the condition if mark of klver attached to the eligibility of the Members of the Legislative Body, and to augment the contribution required fo: Electors.

It follows, ho vever, that the Electoral Bodies being formed previous to the regulation, these alterations thall have no influence in the choice of the next Legislature.

† The Committees of Constitution and Rewifiwn regard the limitatiɔo ftipulated. n this Article, as contrary to Liberty, and pernicious to the national intereit.

or die !!

in an Assembly, if he is armed or dreff- Secretaries, and enter upon the exercise ed in an uniform, unleis he be in the of their functions. service, in which cale he may vote in IV. During the whole of the month of uniform, but without arms.

May, if the number of the RepresentaIII. Nó armed force can be introduced tives present fall fort of three hundred in the Meeting, except at the exprels de- and severity-three, the Allenibly fall fire of the Assembly, unless in the case not perforni any legislative act. of actual violence, wiien the order of the They may issue an arret, enjoining President shall be sufficient to cail in the absent Members to attend their funcaid of the public force.

tions within tifteen days at fartheft, unIV. Every two years there thall be der a penalty of 3000 livres if they do drawn up in each district lifts by cantons not produce an excuse which fall be of the active citizens, and the lift of each deenied lawful by the Legislative Body. canton shall be publ..hed, and posted up V. On the latt day of May, whatever two months before the meeting of the be the number of Members present, they primary Assembly.

fhall confti ute themselves a Legislative The protests which shall be made ei- National Assembly. ther against the right of citizens named VI. The Representatives shall pro. in the lift, or on the pari of these who nounce in a body, in the name of the Mall affirm that they are unjustly onit. French people, the oath, “ to live free ted, shall be carried to the tribunals in order to be there decided upon.

They shall then individually take the The lift shall serve tw regulate the ad oath to maintain, with all their power, mission of citizens in the next primary the Constitution of the kingdom, decreed Assembly, in every point that shall have by the Constituting National Assembly, been ascertained by a fentence pronoun- during the years 1789, 1790, and 1991, çed before the firing of the Affenbly. to propose or afsent to nothing in the

V. The Electoral Asiemblies have the courfe of the Legislature which may at right of verifying the quality and powers all tend to infringe it, and to be in every of those who fall prefent themielves respect faithful to the Nation, the Law, there, and their decisions shall be provie and the King. sionally executed, with a referve for the VII. The Representatives of the Na. fentence of the Legiflative Body at the tion are inviolable. They cannot be exo time of the verification of the powers of amined, accused, or judged at any time Deputies.

with respect to what they may have VI. In no case, and under no pretext, said, written, or performed in the exer, thall the King, or any agenis named by cite of their functions as Representaa him, interfere in questions relative to tives. the regularity of the convocation, the VIII. They may, for a criminal act, fitting of the Assemblies, the form of be seized as guilty of a flagrant crime, elections, or the political rights of citi or in virtue of an order of arreft; but

notice fhall be given of it, without delay,

to the Legislative Body, and the prosecuSECTION V.

tion thull not be continued, till after the

Legislative Boily shall have decided that MEETING OF THE REPRESENTATIVES IN there is ground of accusation.





[ocr errors]


CHAPTER II. I. The Representatives shall convene OF THE ROYALTY, THE REGENCY, AND on the first Monday of May, in order to fupply the place of the last Legiflature. II. They fall form themselves provi

SECTION I. fionally under the presidence of the eldest of their number, in order to verify the powers of the Representatives pretent. The Royalty is indivisible, and dele.

III. As foon as these fall be verified, gaitd hereditarily to the race on the to the number of three hundred and fe throne from maie to male, by order of venty-three members, they shall confti- primogeniture, to the perpetual exclufion tute themselves under the title of Legis- of women and their descendants. lative National Assembly; they Mall Nothing is prejudged on the effect of name a President, Vice-President, and renunciations in the race on the throne.

II. The


17. The person of the King is sacred all prosecutions for debts, due by the and inviolable: his only title is King of Civil List, be brought, and judgments the French.

given and executed. III. There is no authority in France superior to that of the Law. The King

SECTION II. reigns only by it, and it is only in the name of the law that he can require obs

OF THE Regency. dience.

IV. The King, on his accession to the 1. The King is a minor till the age of throne, or at the period of his majority, eighteen complete; and during his miThall take to the nation, in the presence nority there Thall be a Regent of the of the legislative body, the oath, “To kingdom.

employ all the power delegated to him, II. The Regency belongs to the rela“ to maintain the constitution decreed by tion of the Kig, the next in degree ac" the constituent National Assemb!y in cording to the order of fucceffion to the “the years 1789, 1790, and 1791, and throne, who has attained the age of “ to cause the laws to be executed.” twenty-five ; provided he be a French

If the legislative body shall not be af- man, resident in the kingdom, and no sembled, the King shall cause a procla. presumptive heir to any other Crown, mation to be issued, in which Mall be ex- and have previously taken the Civic pr:fed this oath, and a promise to repeat

Oath. it as soon as the legislative body ihall Women ade excluded from the Rea

gency. V. If the King refuse to take this oath, III. The Regent exercises, till the after an invitation by the legislative bo. King's majority, all the functions of dy, or if, after taking it, he shall retract, Royalty, and is not perfonally refponfihe shall be held to have abdicated the ble for the acts of his Adminiftration. royalıy:

IV. The Regent cannot begin the exVI. If the King put himself at the ercise of his functions till after taking to head of an army, and direct the forces the Nation, in the presence of the Legiof it against the nation, or if he do not sative Body, an oath, “ To employ all oppose, by a formal act, any such enter. the power delegated to the Kins, and prise undertaken in his name, he fail of which the exercise is confided to him be held to have abdicated.

during the minority of the King, to VII. If the King go out of the king- maintain the Constitution decreed by the dom, and if, after being invited by a Constituent National Assembiy in the proclamation of the legislative body,' he years 1789, 1790, and 1791, and to cause do not return, he Nall be held to have the laws to be executed. abdicated.

If the Legislative Body is not assemVII. After abdication, express or le- bled, the Regent shall cause a proclamagal, the King Mall be in the class of ci- tion to be issued, in which shall be extizens, and may be accused and tried like pressed this oath, and a promife to repeat them, for acts pofterior to his abdica- it as soon as the Legislative Body shall be tion.

IX. The particular effects which the V. As long as the Regent is not enterKing poffefes at his acceffion to the ed on the exercise of his functions, the throne, are irrevocably united to the do- sanction of laws remains iufpended the main of the nation; he has the dispofi- Ministers continue to perform, under tion of those he acquires on his own pri- their responsibility, all the acts of the Exvate account; if he has not disposed of ecutive Power. them, they are in like manner united at VI. As foon as the Regent shall take the end of his reign.

the oath, the Legislative Body shall fix X. The Nation makes provision for his allowance, which shall not be altered the splendour of the Throne by a Civil during his Regency. Lift, of which the Legislative Body shall VII. The Regency of the kingdom fix the sum at the commencement of confers no right over the person of the each reign, for the whole duration of minor King. thar reign.

VIII. The care of the minor King XI. The King shall appoint an Ad- shall be confided to his mother; and if miniftrator of the Civil Lift, who Mall she be married again, at the time of her institute civil suits in the name of the son's accession to the throne, or if the King, and against whom personally Mall marry again during the minority, the




[ocr errors]



care of him fhall be delegated by the II. No order of the King can be exeo Legislative Body.

cuted, if it be not signed by him, and For the care of the minor King, nei- counterligned by the minister or compther the Rigent, nor his descendants, troller of the department. nor a woman can be chosen.

III. The ministers are responsible for IX. In case of the King's mental in- all the offencescomni red by then against capacity notoriously admitted, legaliy the national safety and the Constitution proved, and declared by the LegiNative -for every attack on individual properBody, after three fucceflive deliberations ty and liberiy--for every abuse of the held monthly, there shall be a Regency money alloited for the expences of their as long as such incapacity coniinucs. de pariment.

IV. In no cafe can the written or verSECTION III.

ba: order of a King felter a Minister from responsibility:

V. The Ministers are bound to present I. the presumptive heir ihall bear the

every year to the L-gislative Body, at name of Prince Royal. Ile cannot go out of the kingdor, of the expeners of their departinent, to

the opening of the fellion, the ameunt without a decree of the Legislative Body, give an account of the employinent of and the King's consent.

the sums deiiiotd for that purpose, and If he is gone out of it, and if, after

to mention the abuses which may have being requ red by a proclamation of the

crep into the different parts of the Guo I.czislative Body, he do not return to

vernment. 1 France, he is held to abdicated the right of fuccession to the throne. II. If the presumptive heir is a minor,

CHLÜPTER III. the relation, of full age, and next in order to the regency, is bound to relide within the kingdom. In case of his going out of it, and not

SECTION I. returning on the requisition of the Legi Native Body, he fall be held to have abdicated his right to the Regency. III. The mother of the minor King,

I. The Confitution D legaie excluhaving the care of him, or the guardian clect, if they go out of the kingdom, fively t«the Le illative Body, the powers forfeit their charge:

and functions following: If the mother of the presumptive heir, King can only invite the Legislative

1. To propose and decree laws: The a minor, go out of the kingdom, she cannot, even after her return, have the care

Body to lake ait object into considera

tion. of her minor fon become King, but by a decree of the Legislative Body.

2. To fix the public expences, IV. The other members of the family

3. To establish the public contributions,

to determine the nature of them, the ac of the King are Tulijeci ouly to the laws

mount of each fort, and the mode of colcon mon to all citizens.

lection. V. A law shall be made to regulate the education of the minor King, and that of

4. To make the distribution of them the ininor beir presumptive.

among the several departments of the VI. No real apanage (in land) fall be kingdom, to waich over the app ication, granted to the members of the Royal and to demand an account of

5. To decree the creation or suppresFamily. The younger fons of the King Mall re

fion of public offices. ceive, at the age of twenty-five, or on

6. To determine the quality, the im- their marriage, an annuity, the amount pression, and the denomination of moof which thall be fixed by the Legisiitive ney. Budy, and which filailterminate with the

7. To permit or prohibit the introducextinction of their male-heils.

tion of foreign troops into the French ter

ritories, and of foreign naval forces into SECTION IV.

the ports of the kingdom.

8. To vote annually, on the King's

propofition, the number of men an fhips, I. To the King a one belongs the of which the fca and land forces shall be choice and revocation of minifiers:

composed; the pay and the number of






« ZurückWeiter »