The Federal mirror — Concord, N.H., 1795-10-02 00:00:00, page 1

TRENCH CONSTITUTION.
PLAN OF A
C ONSTITUTION
FOR THE
FRENCH REPUBLIC.
' Proposed to the National Convention of
- France, by the Committee of Eleven, in the
fitting of the ,th Meffidor, (June 23) third
1 year of the Republic.'
[continued.]
! SECTION VI.
Administrative and Municipal Bodies.
Art. I# rrtHERE is in each depart
) I ment a central adminis
tration, and in each canton one muni
cipal administration at least.
IL Every commune, the popu-
Jation of which is from five thousand
to one hundred thouhnd, has for irftif
alone one municipal administration.
111. In those communes whole
population exceeds one hundred thou
; find inhabitants, there is nt least three
municipal adminiftration#.
IV. The ancestors and descend
ants in line dired ; brother, uncle,
-nephew and relations in that degree,
cannot, at the fame time, be mem
bers of the fame administration, nor
succeed one another, but after an in
terval of two years.
• V. Each administration of depart
ment is competed of five members,
who arf renewed by a fifth every
yean
b VI. The administrators of depart
ment may be once re-eleded without
interval.
VII. Every citizen, who has been
4 toice successively eleded administra
tor of department, and who has per
formed the fundions of that office, by
virtue of each eledion, cannot be e
leded anew, but after an interval of
two years. -
VIII. The departmental and mu
nicipal adminiftration# have no thar
^fter of representation.
They cannot modify the a^s of
the legislative body, nor those of the
executive power, nor suspend their
fexecution.. 3 .
They cannot interfere in matters
depending on the judicial order.
IX. The administrators are effen
fially charged with the subdivision of
rthe dired contributions and the lu
peiintendaoce of the monies accruing
from the public revenues in their ju
rifdiaion.
, The legislative body fixes the rules
;and the mode of their lunations as
well on those objeds as on the other
/ parts bhhe internal administration.
X. The executive power appoints
, ,t the head of each departmental arid
Imunicipal administration a commiffa
\ ry, whom itrecall when it fees prop
er.
< .The corrimif^ry Superintends arid
requires the execution of the laws.
XL The municipal admioihra
tions are fobordinate to the admioif
>{rations of department, and these a
gain to <he agents general ofexecu
tioo. * f %
Os course, the agents genera of
execution may annul the adts of the
adminiftration# of department, and
these again, theses of the municipal
.adeniniftmift when those afy are
hootrary to the fe, or to <¥ of ^
^of the foperior authorities.
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NEWHAM PSHIRE PRINTED AND PUBLISHED BY E. AND M. DAVIS, A T CONCOR D.„
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C O NCOR D, FR ID AY, October 2, 179 5 .-
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XII. - The agenci general of exe
cution may also suspend these admin
istrators 'of department! who have
contravened the law# or order# of the
foperior authorities and the adminif
tracions of department have the fame
right with regard to the member# of
the municipal administration.
XIII. No fafpenfion Becomes de
finitive without the formal confirma
tion of the executive diredory, "Which
has also the right of pronouncing im
mediately, when it (hill think oecef
fary, the difoualifieation of the ad
ministrators, whether of department
or canton, and to lay them before the
tribunals, when there is a necessity.
XIV. The directory may like
wise annul immediately the ads of
the departmental or municipal admin
istration.
XV. All decrees for the abroga
tion of ads, fufptenfion or difqpalifi
cation of administrators, shall let forth
the motives.
• XVI. The adminiftration#, whe
ther of department or canton, cannot
correspond with one another but up
on matters aligned to them by the
law, and not upon the general inter
ests of the whole Republic.
XVII. Every administration gives
annually the account of its adminis
tration ; the account is printed.
XVIII. The ads of the adminis
trative bodies are made public by en
try in a double register, open to all. ^
SECTION VII.
Judicial Powers of Civil Juflice.
Art. I. The judicial funftions can
not be exercised either by the legisla
tive body, or by the executive poorer.
11. The judges cannot interfere
in the exercise of the legislative pow
er, nor make rules to interpret the
laws.
They cannot arrest or suspend the
execution of any law, nor cite before
them, in virtue of their fundions,
the acmioiftratori.
111. The judges cannot be taken
off from the law affigped them by any
commission, nor by other privileges,
or avocations than those, which are
determined by a law anterior.
IV. The tight of making a deci
sion on disputes, by arbitrators chof-
CD by the parties, cannot be impeded.
V. The decision of arbitrators is
without appeal, if the parties do not
stipulate a reserve.
VI. Justice is rendered gratuit
ouflyl"
VII. Judges cannot be disqualifi
ed but by a crime legally determined,
nor suspended but by an admitted
accufauon.
VIII. The fittings of the tribunals
are public ; the judges deliberate a
loud, the. judgments are explained,
which they announce in the terms of
the law applicable to the case.
IX. The tribunals cannot tal
cognizance of a civil adion if the#
are not fatisfied that the parties are^
before the court, or that the defend
ant has cited the adverse party before
mediators, to come to a reconcilia
tion, save the cases excepted by the
law.
X. Appeals in civil matters take
place in cases, which the law has de
termined.
XL There are justices of the peace
deter dby h%°
each department,
posed of fourteen judge! eleded for
five years; they are to be renewed
after five years, and may be always,
re-elected.
'XIV. The civil tribunal ii divid.
ed into two Tedions, to judge of the
ordinary affairs, and the appeals from
the justices of the peace of the de
partment.
The two feaions Shall unite for
causes appealed from judgments in
the firft instance by a civil tribunal of
department.
XV. There is, besides each civil
tribunal, a national commiffiooer and
a substitute, appointed and remova
ble by the executive power.
' XVI. The national commissioner
and the fobftitute are charged with
requiring and TuperiGtendiog in the
tribunals, the execution of the laws.
They have no deliberative voice,
XVII. The appeals from the
judgments rendered by a civil tribu.l
nal of department are carried to the/
civil tribunal of one of the three near-;
est departments.
XVIIL Notwithstanding, the par
ties may always agree among them
selves in the choice of the tribunal to
which they will appeal among the
civil tribunals of the department.
XIX. Each feaion of a civil tri
bunal may pronounce, to the number
of four judges, in the firft instance,
on the appeal from the judgments of
the justice of peace,
The two Tedions united may pro^
nounce, to the number of nine judg
es, on the appeal from the judgment
of another tribunal of department.
XX. The two judges who are firft
appointed for the civil tribunal of
each department are presidents of the;
two Tedions.
He that is appointed firft Shall pre-!
fide when' the two Tedions are united.
XXL At the eleaion of the judg
es, tive Tuppleans Shall be chosen, of
which three Shall be taken from a
mong the citizens refi eoc in the com
mune, or feat of the tribunal.
XXII. No citizen can be eleded
judge of a tribunal of department,
under thirty years; nor a justice of
peace, if he has not attained the age
of twenty five years.
Os Criminal Suffice.
XXIII. In criminal matters, no
perlon can be adjudged but on an ac
cusation admitted bv the juries, or
decreed by the legislative body, in
the'c&fe where it appertains to them
to decree the accuhtion. |
XXIV. A firft jury declares whe
ther the accufaion ought tc be ad
mitted or reeded—the fad is recog
nized by a Second jury, and the pun
ishment demined by law, and ap
-Ipied by^he criminal tribunal.
The judges cannot propose
any ampler question to the juries.
XXVI. The accused has the right
to challenge ^number of judges with
out giving his motives ; the jury of
judgment Shall consist of twelve at
least.
XXVII. The hearing of the caqfe
is public, and they cannot refufe to
the accused the aid of counsel, which
==— — — ^^— —— ^^ ~ZQ3
;chey have the right to choose, where
(hep a r e named to the office.
IXXVIII. The juries vote by fc
cret scrutiny.
XXIX' .No one accused, can be
lapprehended but to be carried before ,
the officer of police ; arg 90 one can
, be arretted or detained but in virtues
of a warrant from the officer ot po :
lice or of & ordinance from a tribu
nal to take the body. Or by a fecrec
accusation of the tegifaiv,. body, in
the case where it appertain? to them
to pronounce ; or of a judgment of
condemnation to prison, or correc
tional detention.
XXX. Every person arretted and
carried before the officer of police,
ifhall be examined immediately, or at
fartheft within twenty four hours.
XXXI. If itQill appear on ex
amination that there is no room for
I criminating the person, thev flull
;be set at liberty forthwith, or if there
;is caafe of commitment, they shall be*
conducted immediately ; and in no
case shall they be confined more chao
[ three days.
!XXXII. No person arretted, can
I be detained if he give# Efficient bail
! in all cases where the law permit bail
to be taken.
XXXIII. No person, in rhe case
where hi# detention is authodfed by
;law, can be conduced to, or detain-'
I ed, but in these place#, legally and
publicly designated io serve as a house
of arrest, a house of justice, or of de
tention.
34. No keeper or jailer can re.
ceive, or, retain any person but in vir*
cue of a warrant, of an odinance to
take the body, of a decree of accusa
tion, or a judgment of condemnation
to prison or correctional detention,
and unless the tranfeription shall be
in hi# remitter.
35. Every keeper or jailor is held'
] upon his refpohfibility to Report the
Iperfon detained to the civil officer
! having the government of the house
of detention, every time it shall be re
quired by this officer.
36. The leprelentation of the'
perlon detained shall not in like man
ner be refuted being sent to his pa
rent# and friends; by the order of the
civil officer, which he shall always be
bound to give, at leaf! when the
keeper or jailor does not represent:
that he has ar, ordinance of the judge
tranferibed in his register to keep the
person arrested in fecrtt.
3,. Every man, whatever may,
be his place or occupation, other than
ihofe to whom the law empower# to
arrest, who shall sign, executes or
Cause to be executed, an order to ar^
Ireft an individual; or whoever, in the
case of an arreftation authorifed by
law, shall condua, receive, or retain '
an individual in a place of detention,
not publicly and legally designated,
mid all keepers or jailors, who shall
contravene the difpofitioos of the ar- ^
tides 34, 35 *^d 36, at above, shall
be guilty ot the crime of arbitrary im
prifonmenm
38. Every person acquitted by a
legal jury, cannot be retried nor 16
cufed for the fame fact, ;
39. There is for each departments
two juries Qfaccusation ; the two pre.±
fiderirs of civil tribunal are foremen -
of the jury of accusation ; they fettle
[number 1541^
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