CHAP. V. OF THE TRIBUNALS. 60. Every Communal District shall have one or more Juices of the Peace, elected immediately by the Citizens, for three years. Their principal function confifts in conciliating parties; and, in cafe of nonreconcilement, to have a judgment given by arbitration. 6. In Civil Matters there fhall be Tribunals in the firit inftance, and Tribunals of Appeal. The law determines the organization of the one and the other, their competency, and the territory comprifed in their juridiction. 62. In Criminal Matters fubject to fevere or infamous punishments, the firft Jury fhall find or reject the charge: fhould it be found, the fecond Jury tries the fact; and the Judges forming the Criminal Tribunal apply the punishment. Their decifion fhall be without appeal. 63. The function of Public Accufer to a Criminal Tribunal is filled by a Commiffioner of Government. 64. Offences fubject to afflictive or infamous punishments are judged by the Tribunal of Correctional Police, liable to an appeal to the Criminal Tribunals. 65. There is for the whole of the Republic, a Tribunal of Repeal, which pronounces in fuits in Appeal against Judgments in the laft refort; or tuits removed from one Tribunal to another, on account of legitimate fufpicion, or the public fafety, on partial complaints againit a whole Tribunal. 66. The Tribunal of Repeal does not examine into the merits of cafes; but annuls the judgments in proceedings where the forms have been violated, or what contain any expreis contravention of the law, and refers the merits to those Tribunals which should take cognizance of them. 67. The Juftices compofing the Tribunals in the first instance, and the Com. millioners of Government established with thefe Tribunals, are taken from the Communal or Departmental Lift. The Jultices forming the Tribunals of Appeal, and the Commiflioners attached to them, are taken from the Departmental Lilt. The Juttices c mpoling the Tribunals of Repeal, and the Commillioners eftablished with them, are taken from the National Litt. 68. The Juftices, other than the Justices of the Peace, retain their functions for lite, unlefs condemned to forfeiture, or that they should not remain upon the lift of perfons eligible, and correfponding with their functions. CHAP. VI. ON THE RESPONSIBILITY OF PUBLIC -FUNCTIONARIES. 69. The functions of Members, either of the Senate, of the Legiflative Body. of the Tribunate, thofe of the Confuls, or of the Counsellors of State, shall be fubject to no refponfibility. 70. Perfonal offences liable to afflictive or infamous punishments committed by a Member of the Senate, the Tribunate, the Legislative Body, or the Council of State, are profecuted before the Ordinary Tribunals, after a deliberation of the body to which the defendant belongs fhall not authorife fuch proceedings. 71. The Minifters accused of private offences, fubject to afflictive or infamous penalties, fhall be confidered as Counfellors of State. 72. The Minifters are refponfibleft. For every act of the Government figned by them, and declared by the Senate to be unconftitutional.-2d. For the execution of the laws and regulations of the Public Adminiftration.-3d. For the particular orders they give, fhould they be contrary to the Conftitution, the Laws, and the Regulations. 73. In the cafe ftated in the preceding Articles, the Tribunate denounces the Minister by an act upon which the Legiflative Body deliberates, after having heard the accufed, or fummoned him before them. The Minister put upon his trial by the Legislative Body, is tried by a High Court, without Appeal, or any recourte to any Repeal The High Court is composed of Judges and Jurymen. The Judges are cholen by the Tribunal of Repeal, within its own body: the Jurymen are chofen from the National Lift the whole acc rding to the form prefcribed by the Law. 74. The Judges, Civil or Criminal, are, for offences regarding their functions, profcuted before thefe Tribunals, to which the Tribunal of Repeal thall fend them, after having abrogated their Acts. 75. The Agents of the Governinent who are not Minifters cannot be profecuted for acts regarding the r functions. but by virtue of a decision of the Council of State in that cafe the proceedings fhall be held before the ordinary Tribunals. Jable afylum. During the night no perfon has a right to enter it, but in case of fire, of inundation, or a request made from the interior of the houfe. During the day it may be entered for a special obje, determined either by Law, or by an order iffued from a Public Authority. 77. In order to execute a warrant ordering the arreft of a perfon, it is neceffary, ft. That it exprefs formally the motives for the arreft, and the Law in execution of which it is iffued. 2d. That it comes from a Functionary to whom the Law has formally given that power. 3d. That it be notified to the perfon arrefted, and a copy of it left with him. 78. A Keeper or Gaoler cannot receive or detain any perfon till he has infcribed on his Regifter the act commanding the arreft: that act to be a mandate given in the forms prefcribed by the preceding Article, or a warrant for feizing the body, or a decree of accufation, or a judgment. 79. Every Keeper or Gaoler is obliged, without any order, having the power of difpenting with it, to produce the perfon detained to the Civil Office, having the Police of the House of Detention, as often as he fhall be called upon by that Officer fo to do. 80. The production of the perfon detained cannot be refuled to his relations and friends, bringing the order of the Civil Officer, who is always obliged to grant it, unless the Gaoler fhew an order from the Judge for the clofe confinement of the perion. 81. All thofe who, not having received from the Law the power to caufe arrefts, fhall give, fign, or execute the inftrument for anting any one; all thofe who, even in cafes of arreft authorized by Law, hall receive or detain the perfon arrefted in a place of confinement not publickly and legally appointed as fuch; and all the Keepers and Gaolers who fhall contravene the difpofitions of the three pre-, ceding Articles; fhall be guilty of the crime of Arbitrary Imprifonment. 82. All rigours employed in Arrefts, Detentions, or Executions, beyond thofe commanded by the Law, are crimes. - 83. Every perion has a right to ad. drefs individual petitions to every Contituted Authority; and to the Tribunate especially. 84. The Public Force is effentially obedient: no Armed Corps can deļi. berate. 85. Military offences are fubmitted to Special Tribunals, and to particular 20ms of trial. 86. The French Nation declares that penfions fall be granted to all military wounded in the defence of their Country, alfo to the widows and children of foldiers that die in the field of battle, or in confequence of their wounds. 87. National recompences fhall be awarded to the warriors who fhall have rendered brilliant fervices in fighting for the Republic. 88. A Conftituted Body cannot deliberate but in a fitting where at least twỡ thirds of the Members are present. 89. A National Inftitute is charged to collect Discoveries for bringing to perfeЯion the Arts and Sciences. 99. A Commiffion of National Accountability regulates the Accounts of the Receipts and Expences of the Republic. This Commiflion is compofed of feven Members, chofen by the Senate from the National Lift. 91. The regime of the French Colonies is determined by fpecial Laws. 2. In cafe of an Armed Revolt, or Troubles menacing the Safety of the State, the Law can fufpend, in the places, and during the time it determines on the Empire of the Conftitution. That fufpention may be provifionally declared, in the fame cafe, by a decree of Government, the Legiflative Body not fitting, provided that Body be convoked in as thort a time as poffible by an article of the fame decree. 93. The French Nation declares, that in no cafe will it fuffer the return of the French, who, having abandoned their country fince the 14th of July 1789, are not comprited in the exceptions made to the laws against the Emigrants: it prohibits every new exception on that point, The effects of the Emigrants are irrevocably acquired for the benefit of the Republic. 94. The French Nation declares, that after a fale, legally concluded, of the national effects, whatever may be the origin, the legitimate purchaser cannot be difpoffeffed of them, or must be reimbursed by the Public Treafury, fhould the claim of a third perfon be allowed. 95. The prefent Conftitution fhall be immediately offered to the acceptance of the French People. Done at Paris the 22d Frimaire (Dec. 13), 8th year of the French Republic, One and Indivifible. [Here follow the fignatures of the Members of the Legislative Commillions and the Confuls.] FOREIGN FOREIGN INTELLIGENCE. [FROM THE LONDON GAZETTES.] ADMIRALTY-OFFICE, NOV. 30. Copy of a Letter from Lieutenant Bond, commanding his Majesty's Schooner Netley, to Evan Nepean, Efq. dated Oporto, 08. 17, 1799. SIR, I BEG leave to enclofe a Copy of a Letter written by me to the Earl of St. Vincent, by which my Lords Commitioners of the Admiralty will receive information of the capture of a Spanish fchooner privateer and her prize, by his Majesty's fchooner under my command. I have the honour to be, &c. MY LORD, I have the honour to acquaint your Lordship, that on the 14th, close in with Vigo, the Netley re-captured a brig from Gibraltar, laden with brandy. By dropping the boat, and continuing under a prefs of fail, we were enabled to cut off the privateer from Bayonne, with the fort of which we exchanged feveral hot. She proved a Spanish Schooner, belonging to Muros, and called El Orely y los Tres Amigos, mounting four carriage guns and four brafs three-pounders on fwivels, with a complement of 52 men.-The prifoners exceeding the number of our remaining crew, I judged it expedient to land them at this place, where they have been delivered to the Spanish Conful, and the neceffary receipt for them obtained. I have the honour to be, &c. I beg leave to acquaint you, that on the 26th inft. the North Foreland bearing W. by S. five leagues, at eight P. M. I fell in with and captured a French lugger privateer, from Calais, called the Four Brothers, Citizen Charles Defobier, Captain, carrying four guns (4-pounders), befides fwivels and finall arms, and 24 men; had been out of Calais one day, and had not taken any veffel; and have fent the privateer to Ramfgate. I have the honour to be, &c. 74 jefty's floop Driver, giving an account of his having captured and brought in here this morning Le Barras fchooner privateer, belonging to Dunkirk, manned principally with Danes and Swedes. I am, &c. DUNCAN, Driver, Yarmouth Roads, Dec. 3. MY LORD, The early return of his Majesty's floop under my command to this an. chorage, from the fervice fhe was employed upon, has been occafioned by my wish to land 57 French prisoners that compofed the Officers and crew of a very fine fchooner privateer Le Barras, of 14 guns, belonging to Dunkirk, out four days from Oftend, commanded by Citizen Fromentin; which veffel I captured (the Vigilant hired lugger in company) on the 30th ult. ten leagues N. W. of the Texel. I am happy to add the had only made one prize, the Jane of Hull, from Sunderland, with coals for Embden; the Mafter and part of the feamen I found on board the schooner, making in all 67 in number. I have the honour to be, &c. Copy of a Letter from Admiral Lord Dun can, to Evan Nepean, Efq. dated Yar mouth Roads, 41b Dec. Yesterday I had the good luck to fall in with the privateer your Lordship fent me in quef of, and after a chace of five hours I captured her; the is a new copper bottomed Jugger, of 14 guns and 60 men, called the Fantafie, of Dunkirk, and had the day before taken four Jaden colliers, clofe in with Flambro' Head. I determined to get towards Oftend, and this day I retook the Sally of Lynn, one of her prizes; the others J. TEMPLE. SIR, that I beg leave to acquaint you, yesterday morning at day-light, Portee E. S. E. I fell in with a French lugger privateer, to which I immediately gave chace, and an hour after I had the fatisfaction to capture her. She proves to be Le Vrai Decide, of 14 guns, four fwivels, and 50 men (nine of whom had been left on fhore when the failed), commanded by Citizen Defgardri, belongs to Boulogne, out 30 hours, in company with three others, and had not taken any thing. His Majefty's fhip Cormorant was in fight, and joined in the chace. I have the honour to be, &c. R. LLOYD. To S. Lutwidge, Efq. Vice-Adm. &c. Copy of a Letter from Vice-Admiral Lutwidge to Evan Nepean, Efq. dated the stb inft. SIR, I have the pleasure of tranfmitting, for the information of my Lords Commiffioners of the Admiralty, a letter which I have received from Captain Lloyd, of his Majefty's floop Racoon giving an account of his having captured on the 3d inft. L'Intrepide French privateer, of 16 guns and 60 men, beThe Racoon anlonging to Calais. chored in the Downs this morning; and I have the fatisfaction of learning from Lieut. Coxwell, that the wound which Capt. Lloyd has received in the head from a half pike is not dangerous. He alfo informs me, that foon after the action, the Stag cutter joined, and went in purfuit of the brig mentioned in Capt. Lloyd's letter. SIR, Racoon, Dover Roads, Dec. 4 4. I beg leave to acquaint you, that yesterday at ten P. M. Dover north about five or fix miles, I observed a lugger with fundries, taken by the privateer- lugger board a brig; 1 foon difcovered ADMIRALTY-OFFICE, DEC. 10. Lieutenant Wildey in the Camperdown cutter has anchored in the Downs, and delivered to nie the inciofed letter, ftating his having captured yesterday evening, and fent into Dover, Le Republicaine French privateer, with 20 men and fmall arms. R. LLOYD. To S. Lutwidge, Efq. V. A. of the Red. Atalante, at Sea, Dec. 4. SIR, I have the honour to acquaint you, that this morning, at half past eight, I obferved a lugger in the S. W. hovering round and boarding a brig, to which I gave immediate chace; finding we came rapidly up, the caft off the tow-rope, and at a quarter paft eleven, I fent the Mafter in the jolly boat, without hear ing-to, to take poffeffion of the brig left without a foul on board, and con. tinued the chace of the privateer, then four or five miles a-head; at four P. M. in a fair chaće, I had the fatisfaction to come up with and take. her; Le Succes, of Boulogne, Francois Matthieu Blondin, mafter, mounting fix carriage guns, and 48 men, fix days from Boulogne, and taken nothing else. I found the crew of the prize on board, and learn her to be the Martha, of London, Edward Lewington, Mafter, from London, bound to Belfast, laden : Camperdown Cutter, at Sea, Dec. 1. SIR, In purfuance of your orders of the 26th ult. I beg leave to inform you, for the information of the Lords Commiffioners of the Admiralty, at eight P.M. I fell in with and captured close to the South Foreland, the Republicaine French privateer lugger, burden 12 tons, from Boulogne, Citoyen Jean Baftite Carré, Commander, carrying 20 men, with fmall arms, &c. had made no captures whatever, having failed in the afternoon. I have the honour to be, &c. HENRY WILDEY. Vice Admiral Lutwidge, &c. Copy of a Letter from Vice-Admiral Sir Thomas Pafley, Bart. Commander in Chief of bis Majefty's Ships and Veffels at Plymouth, to Evan Nepean, Ef dated the 8th inft. SIR, Herewith I have the fatisfaction to tranfmit to you, for their Lordships' information, two letters that I received from Lieut. Tomlinfon, commanding his Majefty's hired armed fchooner the Speedwell, ftating his having, in com-* pany with the Valiant lugger, commanded by Lieut. Maxwell, captured the two French privateers therein mentioned; on which occafions much praise is due to thefe Officers for their vigilant and alert conduct. The Speedwell and Valiant arrived last night with their prizes, And the May brig belonging to Guernsey, that had been captured by the Providence French privateer on the 3d inft. and recaptured the following L 2 morning |