The Federal mirror — Concord, N.H., 1795-09-25 00:00:00, page 1

after that fixed on by the council of
fr ancient!, the majority of each of the
two council! hath not made known
5 to the republic their arrival at the
Iplace newly pointed out, the adminis
trators of departments, or, in their de
fault, the civil tribunal# of the de
partments, convoke the primary af
* femblies, and proceed to the forma-
Itiun of a new legislative body, by the
election of two hundred and fifty de
puties for the council of ancients, and
of five hundred for the other council.
XXXV. The adminiftracors of
department# who, in case of the pre
, ceding article, (hould be delinquent in
convoking the primary assemblies,
would render themfelvei guilty of
high treason and an attempt against
I, the fafetv of the republic.
XXXVI. The members of the
executive government, who Should re
* tard, or rerufe to seal, promulgate and
forward the d%m*of removal of the
" ^ legislative bod # ffiuld render the m
' L felve£ guilty of &,fome crime.
I XXXVII. life members of the
FRENCH CO NSTITUTION.
It may either altogether or in part
delegate that government and foper
intendance to the executive power,
or exercise them itfelf, according as
it fr" fee proper.
XXXI. The council of ancients
may alter the residence of the legisla
tive body ; it points out in that case
anew place and a time at which the
two councils are held under obliga
tion to affembe.
XXXII. The decree of the coun
cil of ancients upon tha; fubje&, is
irrevocal.:
Art. XXVIII.
THE council of five hundred and
the council of ancients have re
fpedively the right of police in the
place of their fittings, and in the ex
terior circumference, which :hey have
pointed out.
XXIX. They have refpeftively
the right of preferring order among
their own members ; but they cannot
pronounce any greater punishment
than censure, arrest during eight days,
and imprisonment during three days.
XXX. The civil government and
the fuperintendance of the depart
mental and municipal administration
of the commune where the legislative
body holds its fittings, belong to the
council of ancients.
CONSTITUTION
FRENCH REPUBLIC.
Proposed to the National Convention of
France, by the Committee of Eleven, in the
fitting of the §th Meffidor, (June 23) third
year of the Republic.
The members who Should there
continue their fundioos would be
guilty of high treason, and an attempt
against the fafety of the republic.
XXXIV. If, within twenty days
XXXIII. The fame day with
the palling of that decree, neither of
the councils can deliberate any longer
in the commune where they have re
sided.
COUNCIL of FIVE HUNDRED.
[volume 111.
NEWHAMPSHIRF PRINTED AND PUBLISHED BY E. RUSSELL AN DM. DAVIS, AT CONCORD.
' SECTION IV.
[continued.]
PLAN of A
FOR THE
new legislative body assemble in the
place whither the council of ancients
had transferred its fittings.
Os the bolding of the fittings of the
Council of five hundred, and the man
ner of deliberating..
XXXVIII. The fittingr of the
council of five hundred are public.
The affiftaots cannot exceed in
number one half of the members of
the assembly.
The procefrverbal of the fittings
are printed.
XXX X. The council of five
hundred cannot deliberate if the fit
ting be not composed of two hundred
members at least.
XL. The council of five hundred,
at the demand of one hundred mem
bers, may form, and deliberate, io
general and Secret committees.
XLL No resolution can be taken
in general committee, other wife than
by the appeal nominal.
That appeal is printed as soon as
the council of five hundred has de
Every proposition, which having
passed under difeuffion, shall have
been definitively rejected after the
third reading, shall not be brought
up anew till after the end of a com
plete year.
XLIV. The propositions, when
adopted by the council of five hun
dred, are called resolutions.
XLV. The preamble of every res
olution shall announce :
I. The dates of the fittings at
which the three readings of the prop
osition shall have been had.
2. The aft by which it shall have
been declared, after the third reading,
that there is no cause for the adjourn
ment.
XLVL The council of ancients
shall refufe to approve those resolu
tions the preamble of which is not
attested by the observation of the a
bove forms.
If any resolution, not eloathed in
any matter appears to it to require a
preparatory examination, it nominates
a Special commission from amongst
its members, which confines itfelf sole
ly to the objed of its formation.
That commission is dissolved as
soon as the council has passed its de
termination upon the fubjeft with
which it was charged.
XLIII. No proposition can be dif~
cuffed or resolved on in the council
of five hundred without observing the
following rules :
There shall be three readings of
the proposition ; the interval between
two of those readings shall not be less
than ten days.
The discussion is open after each
reading, and nevertheless, after the
firft or second reading, the council
of five hundred may declare that
there is reason for the ajournment, or
that there is no cause for discussion.•
Every proposition shall be printed
and distributed two days before the
second reading.
After the third reading, the council
of five hundred shall decide whether
or not there is reason for the adjourn
ment.
clared that the necessity of secrecy no
longer exists.
XLII. The' council of five hun
dred cannot create within itfelf any
permanent committee : except, when
CO NCO R D, F RIDAY, September 25, 1795.
That declaration Shall announce
the motives to urgency, & Shall make
mention of it in the preamble of the
resolution.
Os the bolding the filling of the council
of ancients, and the manner of de
liberating.
XLVIII. The di(portion! in arti
cles 39, 41, 42 and 4.3, of the present
chapter, are common to the council
of ancients,•
XLlXiThe council of ancients
cannot deliberate if the fitting be cot
composed of one hundred and eighty
members at least;
L. No proposition for a law can
.originate in the council of ancients.
Ll. As soon as a resolution of the
council of five hundred shall be laid
before the council of ancients, the
prefid'ent shall on the spot read the
preamble.
preamble does not observe the forms
prescribed by the articles 55, 56 and
57 of the present chapter, cannot be
-sealed nor promulgated by the execu
tive power, and its responsibility 00
that head continues for fix years.—
Those laws are excepted, for which
the aft of urgency has been approv
ed bv the council of ancients.
LX. the decree by which the
council of ancients shall have recog
nized the urgency, shall be mention
ed in rhe preamble of the law,,
IXL The proposition of a law
made by the council of five hundred,
sets forth all the articles of an entire
projea; the council of ancients shall
rejed them all or approve them to
gether.
LXII. When the council of an
cient, has rejeded a projed of a law,
the fame projeft cannot be presented
Lil. If the proposition has been
declared urgent by the council of five
hundred, the council of ancients shall
deliberate concerning the approbation
or refeaion of the a& of urgency.
Lill. It the council of ancients
rejects the ad of urgency, no delibe
ration shall take place on the main
pointe of the resolution.
LIV. If the resolution be not pre
ceded by an aft of urgency, there shall
be three readings of it at three inter
vals, each of which shall be at least
five days.
LV. The discussion shall com
mence after each reading.
LVI. Every resolution shall be
printed and distributed at lt«ft two
days before the second reading.
LVII. The resolutions of the
council of five hundred, adopted by
the council of ancients, are called
laws.'
LVIII. The preamble of the
laws (hall announce the dates of the
fitting of the council of ancients at
which the three readings shall have
been had.
XLVIL Those propositions de
clared to be urgent by a previous de
claration of the council of five hun
dred, are exempted from the forms
prescribed by art. 41.
these forms, is presented for the ap
probation of the council of ancients,
the executive power cannot fail nor
promulgate it a law, and its responsi
bility on that head continues for fix
years.
LIX. Those laws of which the
71. When one of the councils
would adjourn to the end of five days,
it cannot do it except by a proposi
tion upon which the other council
shall have a right of negative
l Of 'be guaranty of the members of
the Legislative Body.
LXXIL The Members of the Le
gislative Body cannot be examined,
accused, or tried at any time, for
what they may have said or written
in the exercise of their Functions.
LXXIIL They may for criminal
ads be seized in Flagrante Delicto;
but notice Shall be given of it with
out delay to the Legislative Body ;
and the profecuton cannot be contin
ued till after the Council of 500 shall
have proposed bringing to trial, and
the Council of Ancients shall have
decreed it..
LXXIV. Except in the case a
bove mentioned, the Members of the
Legislative Body cannot be carried
before the Officers of Police, or put
under arrest till the Council of 500
have proposed bringing to trial, and
the Council of Antients decreed it.
LXXV. The guaranty of the
Members of the Legislative Body, as
determined by the two preceding ar
ticles, commences at the moment
of their nomination, and continues a
month after their going out either of
the Council of the Ancients, or of
the Council of 500.
CHAPTER IV.
The Executive Power.
Art, 1: The executive power U i
to it again, except after the end of
two years.
LXIIL Nevertheless the council
of five hundred may, in that interval,
present a project of a law which con
raini the articles making part of a pro
jed of the law already rejeded,
LXIV. The appreba ion of the
council of ancients is expressed upon
each proposition of the law by (hit
fee form Signed bv the ptefident and
the fecretariei : the council of ancients
approves.
LXV. The refofal to adopt on
account of informality, expressed in
article 44 of the prefect chapter, is
expressed by this (er form Signed by
the president and the Secretaries : the
confutation annuls.
LXVI. The refufal to approve
of rhe main points of the law propos
ed, is expressed by this set form Sign
ed by the president and the Secreta
ries : the council of ancients cannot a
dopt.
67. The council of ancients feeds
the law which it has adopted, as well
to the council of five hundred, as to
the executive government.
Relation which the two councils bear
to each other.
68. When the two councils afe
definitively assembled, they mutually
give information thereof by a messen
ger of state.
69. Each council appoints fix
messengers of state for its Service.,
70. The meßergers of state shall
carry to each of the councils, and to
the executive government, the legis
lative ads; they shall be in the place
of the fittings of the legislative coun
cils and of the executive government.
They shall go preceded by two
buffers.
[number 153.]