National gazette. — Philadelphia [Pa.], 1793-09-07 00:00:00, page 1

CONSTITUTION of the REPUBLIC
of FRANCE.
A RT. i. The republic is one and indivi
libit*.
j. The French people are divided, foi
the exercise of their sovereignty, into pri
mary affeir.blies of cantons.
3. They are divided, for the admini
stration of justice, into departments, dif
tritls, municipalities.
4. Every person born and fettled ii
France, 21 years of age; every flrangei
of 21 years of age, who, fettled in France
for one year, lives by his labour ; or ac
quires a property ; or marries a K reiki
woman j or adopts a child ; or Supports ai
infirm person ; every ftraTigefj in tine, whi
iliall be judged, by the legislative body, tr
have deferyed well in the cause of huma
nity, is admitted to the exercise of thi
rights of a Freaeh citizen.
5. The exercise of the rights of a French
citizen is'forfeited by naturalization in fo
reign countries ; by the acceptance of em
ployments or favours from a government
not republican ; by condemnation to igno
minious or corporal pll ni ill me 111, until re
habilitation.
6. The exercise of the rights of citizen;
13 suspended, while under accusation ; by a
sentence of non-appearance, fd long as the
sentence is not retrained.
7. The sovereign people, is the vHole
niafs of the French citizens.
8. They appoint immediately their de
puties. , „ , .
9 They delegate to e!e£tdrs the choice
of adminiltrarors, of public arbiters, ol
criminal judges, and thole of final appeal.
10. They deliberate upon the laws.
11. Primary alfemblies conlift tif citi
rending for fix months m a canton.
ii. They are compoled of 200 citizens
at lead, and of 600 at molt, entitled to
Vote. a: , , L
They are conuituted by the nomi
nation of a president, fccretaries, atltl in
fpeftors of ballots-i
14. They regulate their internal police.
15. No one can appear at tliem, armed.
16. The eleftidns are either by ballot 01
Viva voce, at the option of each voter.
17. A Primary AflVmbly can in no cafe
prescribe an uniform mode of voting.
18. The infpefctors of ballot record the
votes of citizens who, unable to write,
with however to vote by ballot.
19. The question on the laws are de
cided by Yes and No. _
20 The vote ot Prim3fy Aflembly 1:
prociaimed thus-—The citizens apmblec
in Primary Aftmbly of in number
voters, vote [for or agamlt] by c
majority of
21. Population is the only balls ot tlu
Natibnal Reprefenrntion.
22. There (hall be a deputy for every
forty thousand individuals.
23. Each collection of Primary Alfem
blies, completing a population of 39,000 tc
41,000 pcrfous, nama immediately a de
puty. . . ,
24. The nomination requires an abfo
lllte majority of fuffrages.
25. Ench Aflembly counts its own votes,
and fends a commitfioner to the genera
collection ofrefults, to the place fixed ai
mofl central.
->6. If the firft trial does not give an)
one an absolute majority, a feconel eleflior
takes place, the votes being confined to tilt
two citizens highest in votesi .
27. In cafe of equal votes, the eldelt r
preferred, eit'ier to be voted for or elect
ed. In cafe of equal age, chance decides.
28. Every Frenchman, exercising the
rights of citizen, in any part of the repub
lic, is eligible.
29. Each deputy belongs to the whole
nation. . r
30. In cafe of refnfal to accept, relign
at ion. forfeiture or death of a deputy, tht
Primary Alfemblies who had nominated
him replace him.
31. A deputy who has rcfigned cannoi
quit his poll before his successor is ready t<
enter upon the duties of his appointment.
32 The French people affsmble ever)
year, on the firft Tuesday, to proceed te
their elections. ,
3-. They proceed to the election what
ever be the number of citizens, having ;
right to vote at it, aflembled.
34. A Primary Aflembly may be extra
ordinarily convoked,upon the requisition of
a fifth ot the citizens having a right to vote
at it. , . . . .
"5. The convocation in this cafe, is
made by the municipality of the common
place of meeting.
Numb. 90 of Vol-. ll.] SATURDAY, September 7, 1793.
By P. FRENEAU-. ( at No. 209, Market Street) Publijhtd Saturdays, [Three Dollars per annum.J
;6. These extraordinary aflemblies de
liberate only in cafe a ihajority of the ci
tizens having a right to vote in thefri, be
present.
37. The citizens in Primary Airemblies;
name an elector, one for every 200 citi
zens, counting present and absent; two
roni 201 to 400 ; three from 401 to 600.
38. The holding of Ele£toral Aflemblies
ind the mode of electing is the fime ai in
he Primary Aflemblies.
39. The Legislative body is one, Indivi
ible and permanent.
40. The Setlion is of one year.
41. The Legillators meet 011 the flrft of
July
-42. A majority is a quorum.
43. The deputies tan be queiiioned, ac
eufed, or judged at no time, for opinions
expressed from their feats in the Legisla
ture.
44. They may for criminal a£ti®ns be
caken in the fact, but the warrant to arrefl
& to cause to appear can only be iffiied a
jainftihem by the Legislature.
45. The fittings of the National Affem
jly (hall be public.
46. Its Journals (hall be printed.
47. It (hall riot deliberate, unless it be
:ompoTed of at lead 200 mejnbers.
4g. it (hall not refufe any member the
-ight of (peaking, in the order in which he
;us demanded it.
49. It fliall decide by the voice of the
najority of thole present.
jo. Fifty fliall have the right «f calling
"or the yeds and nays.
51. The afl'embly fliall have the right of
:enfuring the conduit of its members tlllr
ilg its meetings.
52. The aflembly fliall poflefs the im
mediate jurlfdiftion of the place in which
,1 holds itsfeffions, and of fucli an extent
n the neighbourhood as it ftiall itfelf de
termine. ;
53. The LegHlative b<Sdy shall enatt
aws and pass decreet- :
54. Under the general name of laws are
:omprifed fiich afls of the legislative body,
»s concern—Civil or criminal legillation ;
:he general administration of the revenues
md of the ordinary expenditures of the
•epublic ; the national domains ; the ftan
:lard, tlie weight, the impreflion and deno
mination of money ; the nature, the a
nonnt, and the collection of the taxes; the
Jecliration of war ; any new distribution
)f the French territory ; pubfic inftrufli
-31 the public honours paid to great
men.
jj. Under the particular title of Decrees,
ire comprehended such acts as relate to —
The annual eftablifliment of the forces
3t the republic, by sea and.land ; the per
miflion or refufal of the pafTage of foreign
Croops through the French territory ; the
introduction of foreign naval forces into
Che French ports ; meafurfes for the gene
ral fafety and tranquility ; the annual and
temporary distribution ot the public la
bour and public contributions : orders for
the emiflion of money ot all kinds ; extra
ordinary and contingent expenditures ;
meafnres which are local or confined to
one particular department, community, or
particular kind of public work ; the de
fence of the country ; the ratification of
treaties ; the nomination and deposition
of the commanders in chief of the armies ;
Che trial of the members of council and
public fun£tionarics ; the acctffation of
tliofe (\ifpe£ted of plots against the general
fafety of the republic j every partial
change in the distribution ot the French
cerritory ; national rewards,
56. All bills proposed t6 be enacted into
a law lhall be preceded by a report.
57. The difcuflion of the law (ha)l not be
opened, and it (hall not be provisionally
;na£ted. until fifteen days after th^repoi't.
58. The bill is to be printed and sent to
all the communes, under the title of,
Proposed Law.
59. Forty days after the proposed law is
rent, if in the majority of the departments,
the tenth part of the primary aflemblies ot
each, has not objected, the plan is deemed
acccptcd, and becomes a law.
60. If objeaions are made, the legisla
tive body convene the primary aflemblies.
6r All laws, decrees, judgments, and
other public a£ts, fliall be entitled. In the
name as the French People year of
the French Republic. ,
62. There (hall be an executive council,
composed of twenty-five numbers.
63. The electoral afl'embly ot each de
partment names one candidate ; the legtl
lative body chooses from the lilt the nieni
b;rs ot tWe Council-
64. One half of the coxincil is renewed
by every legidature during the la(t months
of it»-Teffion.
65. The count!! is charged with the c!i
re&ion and fuperintendance of the general
admirilftration of the republic. It can ast
but in execution of the laws and decrees of
Jegidative body.
66. It (hall name, from its own body,
the principal agents of the fetfferal depart
ments of the republic.
67. The legidative body {hall prescribe
the number and functions of th»fe agents.
68. These agents do not form a council.
They (hall befeparste, without any imme
diate connexion between them. They
Biall not exercise any personal authority.
69. The council (hall ajipoint from the
inafi of citizens exterior agents of the re
public.
70. It (hill negt>ei:.te treaties. •
71. Tils members of the council, if guil
ty of treason, (lull be accused by the legis
lature.
72. The council (hall be responsible for
any failure in the execution of the laws
and decrees, and for all those abuses which
it (hall not denounce.
73. It (hall depose and replace the pub
tic agents whenever it (hall think proper.
74. It is bound to accuse them before
the judicial tribunals, whenever there (hall
be occalion. ]
75. The executive council (hall reside
near the legidature. It (ball have a l'eparate
:hambcr and a separate entrance into the
place of its meetings.
76. It (hall b'e Ueard asoften as it (hall
liave any report to be made.
77. The legislative body may call for th»
presence of the executive council at its lit
tings.either in the whole, or in parts, when
ever it (hall judge proper.
78. There (hall be in every commune of
the republic a municij.al adfiiinlftration.
In every didri£t an intermediate admi
niftratipn.
In every department a central adminis
tration.
79.The municipal officers (hallbe elected
jy the ademblies of the commune.
80. The administrators (hall be appoint
ed by the electoral aflVmblies of the de
partment and of the diftriit.
81. The municipalities and the admini
drations (Ball be renewed by ortehalf every
year. ■
82. The adminiflrators and municipal
officers have 110 reprefentitive charatter ;
they cannot in any cafe, modify the acts of
the legidature, nor suspend the execution
of them. ........
83. The legidature diall prefcribc the
Functions of the municipal officers and ad
ministrators, the rules of their fubordina
:ion, and the penalties \vhich they may in
cur.
84. The ademblies of the municipalities,
and the administrations (hall be public.
Bj. The code of civil and criminal law
(hall be uniform throughout the republic.
86. The right which the citizens have
Df terminating their dilputes by arbitrators,
(hall not be infringed.
87. The decision of these arbitrators (hall
be definitive, unlcfs the parties have re
served their right of appeal.
88. There (hall be jultices of the peace
elected by the people in cantons, the limits
of which (hall be fixed by law.
89. They diall accommodate differences
and admiaifter juttice without cost.
90. Their number and their qualifica
tions (hall be regulated by the legidature.
91. There diall be public arbitrators ap
pointed by the electoral ademblies.
92. Their number and extent df jurif
diaiofl (hall be firted by the ele£toral ad'eni
blies.
93. Thsy (hall take cognizance of dis
putes which have not been trjally deter
mined by private arbitrators, or by jultices
of the peace.
94. They (hall decide in public : they
(hall give their opinions openly ; they diall
give opinions openly ; they (hall determine
in the dernier resort either upon verbal
evidence, or upon a limple memorial,
without pleading and without colls—The)
(hall give the reasons of their decilions.
95. The judices of the peace and the
public arbitrators diall be ele&ed ever)
year. . .
96. In a criminal procefs—llo citizen can
be tried except upon an accusation, by ii
jury, or decreed by the legidature. Ihe ac
cused (hall have cuunfel particularly nomi
nated for them, or there diall be public of
ficers appointed to defend them. The ac
fliall bcpblk. Jjutli the f%a aad
the intenfionlhall be determined by a j'.irv.
The penalty ftiall bfc applied by a criminal
tribunal.
97. There criminal judges shall be elected
every year by the electoral aifemblies.
98. 7he is for the Republic but one tri
bunal of final appeal.
,99;. This tribunal cloej not take cogni
zance of tlie (nerits of a cause. It pro
nounces only tfpon violations in the forms,
and ori the evident deviations from the law.
100.. The jnembers of th'll tribunal are
appointed every year by the Electoral as
semblies. _
101. No citizen is ilifpenftd from the
honourable obligation of contributing to
support the burden of the public expendi
ture.
102. The National treasury is the cen
tra! point of the receipts atid expenditures
of the republic.
103. It it fuperintendecl ty refponfibie
agents appointed by the executive council.
/04. ihe condtift of these is infpefted by
couimiffioners appointed by the legiflatiire.
taken from ani9ng the mass of citizens, and
refponfibie for such abuses as they do not
denounce.
105. The accounts of thl agents of the
national treasure and of the admihiftratorc
»f public money are annually rendered to
refponfibie cbmmifflonersnamed by the ex
ecutive cfcupcjl,.
. jo 6. The proceedings of these agents
are infpefted by commissioners appointed
by the legislature from among, the inafs of
citizens and refponfibie for such abuses and
errors a? they do not denounce. The le
jiGative body finally fettles accounts.
IQ7. The general force of the republic
ronfifts of the whole people.
icß. The republic has under pay in the
time of peact an »rmed farce by sea and
land.
109. All Frenchmen are all soldiers 5
they are all exercised in the management
of arms. ■.
110. There is no commander ijl thief.
in. The difference between grades,.
their distinguishing marks, and fiibordina
tion only fublifts in relaiibri to and during
actual service. .
112. The public force employed to.
maintaift order and internal peace, only
ast upon the reqnifition, in writing, of the
cdnftituted authorities.
, 113. The public force when employed
ngainft external enemies, acts under th®
direction of the executive councils,
j 14. No armed, body can deliberate. ~
i rj. If in a majority of the departments
bne tenth of the primary affetoblies regu
larly formed of each, call for a revision or
the conflitutional ast, or an alteration of
any its articles, the legislative body con
voke the pi imaryafTemblies of the repub
lic, to determine whether there /hall be a.
national convention.
116. "i"he national convention is fermect
in the fairje manner as the and
can exercise legislative powers.
127. As far as relatesto the conftitutiort,
the convention confine their deliberation*
to the articles, the defeftsof which eaufed
their convocation.
118. The French people are the friends
and natntal allies of all free nations.
119. Theydonot meddle with, the go
vernment of other s They do noc
fuffer other notions to meddle with theirs
-120. They hold out an afyluip to foreign
ers driven from their country for their love
of liberty. 1 hey refufe an asylum t» ty
rants. ... j ,
fit. They will not makepeace with nri
enemy that occupies part of the tetritory
of the Republic.
122. The conftitntion guarantees td
every Frenchman equality, liberty, securi
ty and property, tbe public debt, the free
exercise of religious worfljip, an educa
tioh, public fuccqurs, the indefinite liberty
of the press, the right ps petitioning, the;
right of aflembling in popular societies, the
enjoyment of Si I the rights of man.
The French republic honour patri
ntifm. Courage, old age, filial piety, theun
fortiinate. They repi-fe the sacred cle
pofit of the l conltitutiOn under the fate
guard of all t he virtues.
i«4. The declaration of rights and the
conftifhuional ast is engraved on in
the centre of the lcgiftative hall, and in
public squares.
(Signed)
COLLOT D'HERBOIS, Prejidcnt <
Durand-Maillane, Ducoj, f
Meaulle, Ch. de la Croix, (Secretarfeif
Gefluiti, F. A. J-aloj. j
[Total NuMßi J 94']