The Federal mirror — Concord, N.H., 1795-09-18 00:00:00, page 1

XXL The public fundionsare
divided into several degrees.
XXII. The public funaiona-
I lies of the firft degree are the
' municipal administrators of can-
F tons, communes; or neighbor
.',4 hood of the communes, the juf
) tices of the peace, their assist
ants, and the members of the
, committees of conciliation.
All these functions, excepting
that of the justices of the peace,
[ are performed gratuitously.
IXXIII. The public fundion
o aries of the second degree, are,
I the adminilirators of the depart
' ment, the members of civil tri
bunals, the president, public ac
', cufers, and legifteq of the crim
h iinal tribunals.
, All these fun&ons are salari
ed. °
\XXIV. The functions of the
I second degree expressed in art.
& I XXIII. cannot be conferred ex
[ cept on citizens who have not,
,1 during two years, filled one of
those enumerated in art XXII.
, , XXV. Those citizens who,
fc during two years, have exercif.
{ cd one of the public funerals of
y the fecorid degree, are alone el
igible to the legislative body,
;' ^ when they fliall comply with
! the other conditions required by
the present conflitution.
k XXVI. The agents general of
execution,, the ambassadors, the
^commiffaries with the adminif
} trators of the departments and
the communes of above 5000
.-inhabitants the municipal offi
''' cers.
CONSTITUTION
Proposed to the National Convention of
France, by the Committee of Eleven, in the
fitting of the sth Meffidor, (June 23) third
year of the Republic.
Art. XVIII.
WHEN it is engaged in the
election of functionaries
proper to each canton, the re
turn of the scrutiny shall be made
to the chief place of the canton
by the meeting of two commis
sioners from each Primary Af
fcmbly.
XIX. For all other elections,
the return of the scrutiny is to be
made to the chief place of the
department, by the administra
tors assembled in public fitting.
XX. Immediately after thc
elections prcfcribcd by art. XIV.
they fha.ll hold the assemblies
commonales, who will cleft the
agents of each commune, and in
FRENCH CONSTITUTION.
[VOLUME IIL
FRENCH REPUBLIC.
SECTION 111.
Afo„ ^fabfa.
~ — g I——— l —— —-
^6e %!<'&&
[continued.]
PLAN of a
FOR THE
NEWHAMPSHIRE PRINTED AND PUBLISHED BY E. RUSSELL AND M. DAVIS, AT CONCORD.
The judges of the tribunals
and the fuperintendants of the
contributions direct or indirect,
who are eleaed members of the
legislative body, are replaced in
their firft functions, for the time
only while they exercise their
legislative functions : they re
sume afterwards those which
they exercised before, -
With refpea to the ,other
functionaries who may be etea
ed members of the legislative
body, the law determines the
mode of thfir replacement de
finitive or temporary in their
original functions.
VI. The legislative body is
composed of a council of anci
ents, and of a council of five
: hundred.
VII. The two councils resi
dent always in the fame com
mune.
VIII. The members of the
legislative body receive an in
demnity ; this shall be the fame
fa each council.; 1 I
tribunals, the secretaries in chief,
of the fame administrations er
tribunals, the commissaries ofche
national treasury, the registers
and fuperintendants of the con
tributions direCt or indirect ; are
equally eligible to the legislative
body, after fix year's service un
der their commissions.
XXVIf. The conditions pre
scribed by the three preceding
articles, arenot exacted until the
end of the 9th year of the Re
public.
Every: citizen who hath or
shall have fulfilled up to that e
poch, in virtue of his election
made in an electoral or primary
assembly, any public function of
any of the superior degrees, shall
be eligible to it without being
constrained to pass through the
inferior degrees.
V. There is an incompatibili
ty in the quality of member of
the legislative body with the ex
ercise of another public func
tion.
SECTION IV.
Legislative Power.
Art. I. The exercise of the
legislative power belongs to the
legislative body alone.
11. The legislative body can
not in any case, delegate to one
or more of its members, nor to
any one whatever, any of the
functions which are. assigned to
it by the present constitution.
111. It cannot exercise, by it
felf, nor by its delegates, the ex
ecutive power nor the judicial
authority.
IV. The legislative body can^
not assist at any public ceremo
ny, nor fend to it any deputa
non.
CO NCO R D, FRIDAY, September 18, 1795.
No change shall be made in
the number during that inter
val.,
xv. The members of the
council of ancients are nominat
ed by the citizens of each depart
ment united in primary assem
bly.
xvi. ° No one can be ele&ed
member of the council of anci
ents,
If he shall not have attained
the age of forty years ;
If moreover he be not marri
ed or a widower;
If he has not dwelt in the ter
ritory of the republic during the
five years immediately preced
ing his election ;
, If finally, he shall not have
been possessed of a freehold es
tate, one year at least.
xvir. The members newly
eleaed to the council of ancients
shall assemble, the firft of the
month Prairial, at the place which
shall be pointed out by the pre
ceding legislative body or in the
fame place with its last fittings,
_IX. The executive govern,
ment cannot fuffer to pass or to
remain any body of troops with
in the distance of fix myriame
ters of the commune where the
legislative body hold their fit
tings, if it be not upon its requi
fitiom or by its authority.
X. There shall be near the
legislative body a guard of citi
zens taken from the national
guard of all the departments,
and chosen by their brothers in
arms..
xiv. Every ten years, the le
gislative body, according to the
statements of the population
which are laid before it, deter
mines the number of the mem
bers of the council of ancients
which each department shall
furnifh.
The guard cannot be less than
twelve hundred men in a&ual
service.
The legislative body deter
mines the mode of this service
and its duration.
Council of Ancients.
XI. The council of ancients
is composed of two hundred
and fifty members
xis. It is in part renewed ev
ery two years ; the members are
four years in their function ;
they may afterwards be re-elea
ed ; after which there will be an
interval of two years before they
may be re-ele&ed anew.
XIII. Every department con
curs, in a ratio to its population
alone, in the nomination of the
members of the council of anci
ents.
xxv. As soon as 376 members
are assembled, or at the expira
tion of the firft fortnight, what
ever may be the number, they
verify the powers of die mem
bers newly "elefted, and alto
gether constitute themselves in
to the council of five hundred.
xxvi. The right of propos
ing laws belongs exclusively to
the council of five hundred.
xxvll. It belongs exclufively'
to the council of ancients to ap
prove or rge& the proportions
of the council of five hundred.-
: 1 4,HmunroiCT
XX. As soon as the members
of the council of ancient are af
fembLed to the number of iBB,
or after the expiration of the
firft fortnight, to any number
whatever, they verify the pow„
ers of the members newly elea
ed, and altogether they confti.
tote themselves into the Council
of Ancients, and nominate a Pre
sident and Secretaries.
XXI. The functions of the
President and Secretaries cannot
exceed the duration of a month.
xxiv. To be eleaed a mem
ber of the council of five hun<
died, a man mutt be thirty years
of age complete, have inhabited
the territory of the Republic for
the ten years immediately pre
ceding his eleaion, and poffeff.#
ed for a year at least of some
real property.
The condition of inhabitancy
shall not affea the citizens who
are out of the territory of the
Republic, on mission of govern
ment.
XVIII. If, during the firft
fortnight, that part of the mem
bers newly elected to the coun
cil of ancients, be not assembled,
those present cannot discuss any
legislative aft ; but, they shall
enjoin it upon the absent mem
bers to repair it to their func
tions without delay.
if no other should be pointed
out.
XIX. Those members who
shall not have arrived aftera de
lay of one month, are punished
by a forfeiture equal in value to
fifteen hundred my riagramme%
of corn (about three hundred
quintals) if they do not offer an
excuse which shall be judged le
gal by the council of ancients.
Council of Five Hundred.
xxu. Tie council of five
hundred it invariably fixed to
this number.
XXIII. The provisions con.
tained in the articles 12th, 13th,
14th, 15th, 17th, I&h, 19th, &
21st, relative to the organization
of the council of ancients, are
extended to the council of five
hundred.'
[number 152.]