The Federal mirror — Concord, N.H., 1795-10-02 00:00:00, page 2

affairs in the order rn which thejhre brought
I before them.
XL. Therein a criminal tribunal for tach
I -departmeift.
XLE The criminal tribunal is compos
ed of aprefideqt,a public accuser, and a re
* %gifter, all appointed for five years by the
-penary aflemblies of department, and of
four judges taken from thecivil tribunal.
( XLII. The two presidents of the civil
tribunal cannot fulfil the functions of judg
es at the criminal tribunal. + '
' XLIU. The other judges perform duty
there, each in their turns,during fix months
t4nthe order of their appointment ; and they
cannot during that time, exercise any func
tion at the civil tribunal.
XLIV. The functions of the public ac
tufer, are to denounce to the directory of
the jury, whether officially, or the orders
jwhich are given trim by the executive diff^
1 • tory,
ift. The attempts against the individu
-1 al liberty of the citizens.
12. Those committed against the law of
{nations:
1 3, Rebelfion against the execution, whe
(ther of the judgments, or all executory ads
/emanating from the constituted authorities:
>4. The troubles occasioned, and falfe
/^Statements committed with a view to Shackle
the collection of the contributions, the free
circulation of provisions and other objects
! of commerce.
XLV., The public accuser is charged o
ver and above ;
1. To prosecute the crimes underthe ads
of aecufarion admitted by the firft jury ;
2 To beattentive in the courfeofthe tri
al, to the regularity of the forms, and before
the judgment to the application of the law ;
5. To pursue the execution of thejudg
€ ment given by the criminal tribunal. -
1 4. To superintend all the officers of po
lice of the department, whom he is bound to
}; inform in case of negligence, and whom he
may a-lfo call before him for just caufes> or
denounce to the tribunal in the case of more
important adions.
XLVf. The Foreman of the Jury Shall
(inform eight days before hand the citizens
chosen by lot to form the jury of accusation.
I Tribunal of Abrogation. ^
w - XLVIL There is, for the whole republic,
a tribunal of abrogation, established near the
legislative body : it determines :
1. Upon the demands of abrogation a-
) gainft the final judgment, given by the tri
\bunals ;
^ 2. Upon the demands returnable by one
& tribunal to another, on account ,of lawful
# suspicion or for the public fafety:
/ -3. Upon the statues of the judges and the
'partial disputes against a whole tribunal.
XLVIIL The tribunal of abrogation can
▼ not examine minutely into queftibns, but it
i abrogates the judgments rendered in those
procedures in which forms have been violat
ed, or which contain any express contraven-
I lions of the law ; and it forwards the State
of the fait to the tribunal which has cogniz
ance cf it. ::
XLIX. When after two ads of abrogation
the judgment of the third tribunal is chal
lenged by the fame means with the two firft,
the question cannot be again agitated before
the tribunal M abrogation, without having
L 1 been Submitted to the legislative body, which
. brings in a law to which the tribunal of ab
_ rogation is bound to conform itfelf.
* L. Every year the tribunal of abrogation
is bound to fend to the legislative body a de-,
potation which lays before it a Statement of
the judgments given, with the account in
the margin, and the passage of the law,which
) has determined the judgment.
I. LI. The number of the judges of the tri
[lbunal of abrogation cannot exceed thenum
ber of two thirds of the departments.
Lil. The judges of that tribunal are ap
■ pointed for five years.
It is renewed by one fifth part every year ;
g all its judges are appointed by the primary
assemblies of the departments which appoint,
ft at the fame time, a Suppliant.
Lili. The departments appoint fuccef
# f' v ^y an d alternatively the judges to replace
[ those who go out of the tribunal of abroga
fl tion.
If LIV. There is for each tribunal bf abro-
H gation a national commissary and substitutes
it appointed and removeable by the executive
directory. ^
LV. The executive directory denounces to
Ithe tribunal of abrogation, through the na'-
Itional commissary, and Without prejudice t®
li the parties interested, the ads by which the
II judges have exceeded their powers.
L The tribunal annuls "those afts; and if
I they give place to trespass, the aft is denounc-
R ed to the legislative body which passes the
Idecree of accusation if there be grounds,
y LVL When the abrogation of a judg
'd went has-been pronounced, the parties ap
] pear before another tribunal according to the
■ order determined in the cases of appeals.
A 7 High Court tfJuflice,
LVIL There is a high court of Juflice
for judging the accusations admitted by the
legislative body ; iris composed of fivejudg
F as and of two national accufera drain fan
the tribunal of abrogation, end erf grand j.i-'
ties appointed by the department.
LVIII. The high court of justice cannot
.form it^f but b, proclamation o' the if
lative body, digested and pebliihr^ &f the
council offive hundred. s fo|ft&
LIX. It assembles and ftfittingfrin
the place marked o^bvU^ffbclamati^n df
the council of five h
That place canty h uertihm fix my
riameters to the rttiJendqfete legislative
body. ||„
LX. When the i^ftfr body has pro
claimed ffie formation of the high court of
• ^lht'r ' rtk A A
I way of Secret fuffrage, five of the froen ; the
I five judges thus appointed are riv j dges of
the high court of justice; they choose among
I LXL The tribunal of abrogation appoints
in the fame fitting, by Suffrage, of an absolute
majority, two of its members for exercising in
I the high court of justice the fundions of na-
ILXII. The a& of accusation are drawn
up, and digested by the council of five hun-
LXIII. The primary assemblies of each
department appoint every year, a jury for the
high court of justice at the periods and after
the forms determined for eledions.
LXIV. "The executive diredory causes to
beprinted and published, a month after the
period of the eledions, the lift of thejurors
appointed for the high court of justice.
CHAPTER VIII.
Public Force.
Art. I. The public force is instituted for
defending the state from enemies from with
out, and for affaring within the maintenance
of order and the execution of the laws.
11. It is distinguished into National Guard
and troops under pay.
Os the National Guard.
111. The national guard is composed of
all the citizens and the Sons of citizens capa
ble of bearing arms.
IV. Tts organization and its discipline are
the fame for the whole republic : they are de
termined by the law.
V. The diftindions of grades and subor
dination do not exist but connedively with
the service and during its continuance.
VI. The officers are cholen for a time,
and cannot be re chosen but for an interval.
VII. The command of the national guard
of a whole department cannot be confined
continually to a Single citizen.
VIII. If it be judged necessary to aflemble
all the national guard of a department, the
executive dire&ory may appoint a temporary
commandant general.
IX. The command of the national guard
in'eities of one hundred thousand fouls and
upwards, cannot be continually confined to a
fiagle man.
Os the Troops under pay.
X. The republic maintains in its pay,
even in time of peace, a land and naval ar
rrament.
XL The army is formed by voluntary en
rollment, and in case of need, by the mode
which the law determines.
XII. The commanders in chief by land
and sea are not appointed hut in case of war
and by commission : they receive their com
missions from the executive power, they are
revocable at their pleasure ; their duration is
confined to one campaign, but they may be
continued.
XIII. The general command of the ar
mies of the republic cannot be confided to a
Single man.
XIV. All parts of the public force em
ployed against the enemies from without att
under the orders of the executive directory.
XV. The land and naval army is fubjed
ed to particular laws as $o difcipline,the form
of the judgments, and the nature of the pen
alties.
XVI. No part of the national guard nor
of the armies can a&, for the interior service
of the republic, but upon the requisition, in
writing of the civil authority, after the forms
, prescribed by the law.
;.XVII. The public force cannot be re
quired by the civil authorities, but within the
extent of their jurifdiaion.
It cannot remove itfelf from one canton to
another, without being authorized to it by
the administration of department ; nor from
one department into another, without the or
ders of the executive diredory.
XVIII. Neverthelafs the legiShti
Shall determine the means of aflurii the
public force the execution of the judgments,|
and the prosecution of the accused through
out the French territory.
XIX. In case of imminent danger, the
municipal administration of a canton, may
put in requisition the national guard of the
neighboring cantons $ in th# case, the ad
miniftraUon which has made the requisition,
and the chiefs of the national guards who
have been put in requisition, are equally un
der obligation to give information of it,, at
the infant, to the departmental adminiftra
* XX. The public force is effentiaU, obedi
ent : no armed corps can deliberate.
CHA MO&
Public Inftrudion.
Art. I. There are in the republic primary
schools, where the fcholats learn to read, to
write, the elemer-:s of accounts, and th& of
morality, the republic alone provides for the
'charge of maintaining the inftru&ors set 0-
f; ver those schools.
. 11. There are in the different parts of the
republic, schools superior to the primary
B schools, and of which the number Shall be
such that there Shall be one at least for every
two departments.
P 111. There is, for the whole republic, a
: national order, charged with collecting dis-
F coveries, to perfect the arts and foiences.
;IV, The different eftabliShments of pub
lic instruction, have not between themselves
lany relation of fu bomination nor adminiftra^
: tive correfpondence.J^
IV. The citizens have the right of form
ing private establishments of education and
inftruftion, a§ well as of free Societies, for
1 aiding the progress of the Sciences, of letters
and of arts.
VL There Shall be national fetes eftab
iliffied, for the maintenance of fraternity a
: mongft the citizens, and to attach them to
the constitution, to the country and to the
laws. {To be concluded in our next.]
,
) 1 . I --——_—
iFOREIGN INTELLIGENCE.
- —aßt'i'w
COPENHAGEN, JUNE I,'
A SWEDISH fleet, under A mi
ral Warchtmeifter, confining of
eight fail of the line, and 4 frigates,
have entered our road. They are to
join oert—but what the great obieft
is, is unknown.
The confteroation exited by out
late dreadful fire, has net yet foblid
ed. The number of houfet burnt it
943. and 20 damaged. The proper
ty insured, was 4,603 400 dollars. It
is not yet known whether the Fire-
Office will be able to pay all the pol.
ictei. The Prince has daily 130 fuf
ferers at his table.
. raTOteu—— .
OF PEACE.
ratiseon, July 3. The important
point, whether an offer of peace Should be
made, is at last decided agreeably to the wish
es of every true patriot.
The 3d of July was the important day,
which all Germany looked for with panting
anxiety. The ministers of the electors and
princes assembled before ten o'clock in coun
cil. After some deliberations, and an unex
peded rembnftrauce of the college of the im
perial cities, the conclusion of the princes
was finally adopted as the decree of the three
colleagues. The essential part ofthis con
clusion of the empire runs as follows : " His
Imperial Majesty Shall be requested to offer,
as soon as possible, peace 10 the French na
tion ; the manner of opening the negotia
tion, as well as the choofiog of a place for
the intended Congress, depend on his Im
perial Majefty'sdecifion; and it is hoped that
his Pruffiah Majesty, agreeably to his reite
rated offer, will effe&ually contribute to the
establishment of peace."
Paris, July .16.
Delinnai [of Augers] reported, that
the Committee of Public Safety' kad
arrested more than four hundred flock
jobbers, within the lift ten days.
A Tellegrapb is established from Pa
ris to Landau. Many improvements
have been made to this machine,
which can now be worked during the
night.
LONDON, JULY 20,
In consequence of the arrest of Cor
martin, and other chiefs of the Chou
ani, Gen. Charette, has issued a Pro
clamation, direded to the Royalifti of
La Vendee, declaring a renewal of
lioftyities against the Convention, and
■Rearing never to lay down his arms
a King is felted on the throne
France, and the Roman Catholic
religion re eft.Hli(hed. He declares,
mar Louis XVlfih was poisoned.
On, Friday Lord Moira left town
for Southampton, to embark for the
coast of Britaony, with a very formi
dable force. Hi> Lordship carries
with him a very considerable Bririfh
force in addition to the Emigrants,
both cavalry and infanirh Without
.cavalry it would be difficult to pene
trate to the interior of France.
It appears that the operations of rhe
French upon the Rhine, are extreme, 4
ly disconcerted by the orders from
Paris for large draught# of men to be
sent to Normandy and B itanny.
The fix regiments which are fa
feddenly embarked from Gofeort and"
its vicinity, on Wednesday lift, were
the 12th, 14th, 27th, 18$;57th, and ''
Both. Three of them emoatked at
Gofport, and three of them marched *
to Southampton for that pu pose,
July 22.
Letters have been received in town *
from Several officers difcmbfoked in
the Biy of Quiberon, dated the 9th ,
inst. and government has letters from
Lord Bridport's fleet of t^he nth inst.
These mention some affairs of posts,
wherein the Roja'ifts have been con/ ,
Iftißtly viaortoof. Whilst the laty }
form'd an attack in front, the Che'
sni feed on the R pubicans, ov^,
hedges, and from behind bushes, and
afterwards firmed a junction wiih the
disembarked troops. General Hoche "
was flill encamped at Landevan, be
tween Hennebon and Aurai, about
four leagues from the Royalist camp,
Situated before the PeninfuU of Qjib-'
eron.
On Monday a considerable rein,
forcement Sailed from Cowes, lor
Quiberon Bay.
It is very generally reported, that
the Court of Spain has acknowledged
Monsieur at King.
The Emigrants have had Several
Skirmishes with the Republican fore-'
es, which though in one or two in
stances unfavorable, have been gene
rally otherwise ; and it seemed to be
the opinion and objed of the bed of- t
ficers of the Emigrants, to maintains
as many posts upon the coast as poffi-'
ble, that the reinforcements from this
country may, upon their arrival, have
room to aft. ,
Extras of a letter quritten by a Surgeon belonging
to the French arm, on tbs Rhine.
" For these three last days, no bread h^
been distributed amongst the troops. Every'
one has been forced to Shift for himfelf ; and
instead of this day's ration, we have received
some ounces of lentils (lentilles.) The troops
begin to murmur, and theMefertion is car-'
ried to an alarming height. In one night
there deferred from one battalion 50 men,
with arms and accoutrements, and the de- ^
ferters repair to Mentz, and do not return to
the interior, for fear of want of fubfifteacaw
• When two soldiers meet, the firft q&ftion is,
have you got your bread ? As the answer is
in general in the negative, murmurs ensue,
and out cries for peace.
" The want of provisions naturally difpfoi
its troops, anq renders them adverse to the
war. When in the neighboring villages,
corn or, other provisions are put in requisi
tion, the inhabitants furnish them with so
much ill will and Ilownefs, that we have full
time to gain a very good appetite against the
time when the requifiticns are complied '!'
with. We can hard), blame them for thirty'
condua, since the country is devastated and }
exhausted by contributions, to such a degree
that they hate us most heartily, arid at everyj
repulse we meet with, they seem ready to a- <£
venge their wrongs. On pretence of felling q
fometbing or other, the soldiers ret admit-i
tance in the houses, and rob the inhabitant, /
of their provisions, cloaths, and furniture,
which they fell in other placet. ^ J ^i
" The whole arm, from Mentz toHunin^|
gen, tired of being either pent up in tents,
or facrificed in useless fkirmifhet, deleft the
war, and sigh after a speedy peace, no mat- £
ter whether France loses or gains by it. Be-|
Sides, parties are forming in the army ; and,
the delicate question of reinstating of thej
Heir to the Throne, begins to be debated,
and may be productive of important cohfe
quences."
We have now engaged in adual service, aV' (
home and abroad, ffcps of the line, frigates
and Small armed vessels, 425, building, re-^
pairing, &c. i„ ; and in ordinary, 94.
JULY
The following flare of the Emi-1
grant force, it given in Le Battue,# I
paper published ar Paris :
The regiment of Hervifi,, 1,20a,/
The regiment of Dedrery, i, 4 00 J
"Iff,