THE NEW CONSTITUTION OF FRANCE, [Continued from page 180.]
OF THE REPUBLIC.
1. THE French Republic is one and indivisible.
OF THE DISTRIBUTION OF THE PEOPLE.
2. The French People is distributed, for the exer∣cise of its sovereignty, into Primary Assemblies of Cantons.
3. It is distributed, for administration and for justice, into Departments, Districts and Municipalities.
OF THE STATE OF CITIZENS.
4. Every man born or domiciliated in France, of the age of twenty-one years complete;
Every foreigner of the age of twenty-one years com∣plete, who has been domiciliated in France for one year;
Lives in it by his labour; or acquires a property; Page 208or marries a French woman; or adopts a child; or maintains an age••erson; finally, every foreigner, who shall be judg•• by the Legislative Body to have deserved well of humanity;
Is admitted to the exercise of the rights of a French citizen.
5. The exercise of the rights of a citizen is lost, by naturalization in a foreign country; 〈◊〉•he accept∣ance of functions or favours flowing from a govern∣ment not popular; by condemnation to punishments infamous or afflictive, till recapacitation.
6. The exercise of the rights of a Citizen is sus∣pended, by the state of accusation; by a judgment of contumacy, as long as that judgment is not annulled.
OF THE SOVEREIGNTY OF THE PEOPLE.
7. The sovereign people is the universality of French citizens.
8. It nominates directly, its Deputies.
9 It delegates to Electors the choice of Admini∣strators, of Public Arbitrators, of Criminal Judges, and Judges of Appeal.
10. It deliberates on the laws.
OF THE PRIMARY ASSEMBLIES.
11. The Primary Assemblies are composed of the Citizens domiciliated for six months in each canton.
12. They are composed of 200 citizens at the least, and 600 at the most called to vote.
13. They are constituted by the nomination of a President, Secretaries and Scrutineers.
14. Their police appertains to them.
15. No person can appear in them armed.
16. The elections are made by ballot, or open vote, at the option of each voter.
17. A Primary Assembly cannot, in any case, pre∣scribe a uniform mode of voting.
18. The Scrutineers ascertain the votes of citizens, who cannot write and choose to vote by ballot.
Page 209 19. The suffrages upon laws are given by yes or by no.
20. The will of a Primary Assembly is proclaimed th••? The citizens met in Primary Assembly of—, to the number of — votes, vote for, or vote against, by a majority of —.
OF THE NATIONAL REPRESENTATION.
21. The population is the sole basis of the National Representation.
22. There is one Deputy for every 40,000 indi∣viduals.
23. Each re-union of Primary Assemblies resulting from a population of from 39,000 to 41,000 souls, nominates directly one Deputy.
24. The nomination is made by the absolute majo∣rity of suffrages.
25. Each Assembly casts up the suffrages, and sends a Commissioner for the general casting up to the place pointed out as the most central.
26. If the first casting up does not give an absolute majority, a second vote is proceeded to, and the votes are taken for the two citizens who had the most voices.
27. In case of equality of voices, the eldest has the preference, either to be on the ballot, or elected. in case of equality of age, lot decides.
28. Every Frenchman, exercising the rights of Citizen, is eligible through the extent of the Republic.
29. Each Deputy belongs to the whole nation.
30. In case of the non-acceptance, resignation, for∣feiture or death of a Deputy, he is replaced by the Primary Assemblies who nominated him.
31. A Deputy who has given in his resignation, cannot quit his post, but after the admission of his successor.
32. The French People assemble every year on the 〈◊〉 of May for the elections.
33. It proceeds in them, whatever be the number of Citizens present having a right to vote.
Page 210 34. Primary Assemblies are formed on extraordi∣nary occasions, on the demand of a fifth of the Citi∣zens, who have a right to vote in them.
35. The Convocation is made, in this case, by the Municipality of the ordinary place of meeting.
36. These extraordinary Assemblies do not delibe∣rate but when one more than the half of the citizens, who have a right to vote in them, are present.
OF ELECTORAL ASSEMBLIES.
37. The Citizens met, in Primary Assemblies, no∣minate one Elector for every 200 Citizens; present or not, two for from 201 to 400, and three for from 401 to 600.
38. The holding of the Electoral Assemblies, and the mode of elections, are the same as in the Primary Assemblies.
OF THE LEGISLATIVE BODY.
39. The Legislative Body is one indivisible and permanent.
40. Its session is for a year.
41. It meets the 1st. of July.
42. The National Assembly cannot be constituted, if it do not consist of one more than the half of the Deputies.
43. The Deputies cannot be examined, accused, or tried at any time, for the opinions they have delivered in the Legislative Body.
44. They may, for a criminal act, be seized, en∣flagrant delite; but a warrant of arrest, or a warrant summoning to appear, cannot be granted against them unless authorised by the Legislative Body.
HOLDING OF THE SITTINGS OF THE LE∣GISLATIVE BODY.
45. The Sittings of the National Assembly are public.
46. The minutes of its sittings are printed.
Page 211 47. It cannot deliberate, if it be not composed of 200 members at least.
48. It cannot refuse to hear its members speak in the order in which they have demanded to be heard.
49. It deliberates by the majority of the members present.
50. Fifty members have a right to require the ap∣peal nominal.
51. It has the right of censure on the conduct of its members in its bosom.
52. The police appertains to it in the place of its sittings, and in the external circuit which it has de∣termined.
OF THE FUNCTIONS OF THE LEGISLA∣TIVE BODY.
53. The Legislative Body proposes laws and passes decrees.
54. Under the general name of laws are compre∣hended the acts of the Legislative Body concerning the Legislation civil and criminal; the general admi∣nistration of the revenues, and of the ordinary ex∣pences of the Republic; the national domains; the title, the weight, the impression, and the denomination of money; the nature, the amount, and the collection of contributions; the declaration of war; every new general distribution of the French territory; the pub∣lic instruction; the public honours to the memory of great men.
55. Under the particular name of Decrees, are in∣cluded the acts of the Legislative Body, concerning the annual establishment of the land and sea forces; the permission or the prohibition of the passage of foreign troops through the French territory; the in∣troduction of foreign naval forces into the ports of the Republic; the measures of general safety and tranquil∣lity; the annual and momentary distribution of pub∣lic succours and works, the orders for the fabrication of money of every kind; the unforeseen and extraor∣dinary Page 212expences; the measures local and particular to an administration, a commune, or any kind of public works; the defence of the territory; the ratification of treaties; the nomination and the removal of com∣manders in chief of armies; the prosecution of the responsibility of Members of the Council, and the public fu••••onaries; the accusation of persons charged with plots against the general safety of the Republic; all change in the partial distribution of the French territory; National recompences.
O• THE FORMATION OF THE LAW.
56. The plans of law are preceded by a report.
57. The discussion cannot be opened, and the law cannot be provisionally resolved upon till 15 days after the report.
58. The plan is printed and sent to all the Com∣m•••s of the Republic, under this •••e: Law pro∣posed.
59. Forty days after the sending of the law pro∣posed, if in more than one half of the Departments, the renth of the Primary Assemblies of each, have not objected to it, the plan is accepted and becomes law.
60. If there be an objection, the Legislative Body convokes the Primary Assemblies.
OF THE ENTITLING OF LAWS AND DECREES.
61. Laws, decrees, judgments, and all public acts are entitled: In the name of the French People, the— year of the French Republic.