The American herald of liberty — Exeter, N.H., 1793-09-24 00:00:00, page 1

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■ Proposed French Constitution.
J THE CONSTITUTIONAL ACT.
& Os the Republic.
■ i. ’‘^^rlE French Republic is one and indi-
I JI viable.
K O, (be D friluticn of the People.
2. 7he French People is diftribu’.ed, for
■ the exercise of i:.s fovcreignty, into primary
■ assemblies of cantons.
B 3. It is diftributed,* for administration and
■ for justice, into departments, didridls and mu«
■' nicipalities.
Os the State of Citizens.
- 4. Every man- born or domiciliated in
France, of the age of 21 years complete;
Everp foreigner of the age of 21 years
tom pie e, who, domiciliated in France for
one year;
Lives in it by his labour ;
Or acquires a property ;
I Or marries a French woman ;
‘ Or adopts a child ;
Os maintains an aged perlon ; —
Finally, every foreigner, who Ihall be judg
ed by the legislative body 10 have delerved
well of humanity ;
Is admitted to the exercise of the rights of •
a French citizen.
5. 7'he exercise of the rights of a citizen
is 101 l
3y naturalization in a foreign country ;
v ßy the acceptance of funftions or favours
flowing from a government not popular ;
By condemnation to pumlhments infamous
or afilidive, till recapacication.
6. The exercise of the rights of a citizen is
suspended
By the state of accusation ; '
By a judgment of contumacy, as long as
that judgment is not annulled. .
Oy the Sovereignty of the Ptopic.
7. The Sovereign People is the universal
ity of French Citizens.
8. It nominates dire&ly its deputies.
9. It delegates to eledors the choice of Ad- •
miiniftrators, of public arbitrators, of crimi
nal judges, and judges of appeal.
io. It deliberates on the laws.
Os the Pnrmrt Aflemblies.
11. The primary AlTsrablies are ccmpo
fed of the citizens domiciliated for fix months
in each canton.
12. They are composed of 2co citizens’
at the lealt, and 600 at the moil, called to
vote.
13. They are constituted by the nomina
tion of a President, Secretaries and Scruti
neers. . .
14. Their police appertains to them.
15. No perlon can appear in them armed.
16. Ihe elections are made by Ballot,or 0-
pen vote, at the option of each voter.
~ 17. A primary assembly cannot in any case
prelcribe a uniform mode of voting.
18. Tne fertt neers afeertain the votes of
citizens who cannot write, and choose to vo.e
by ballot.
19. The fuffrages upon laws are given by
yes or by no.
► 20. The will of a Primary Assembly is pro
claimed thus: The -citizens met in primary
assembly of —to the number of--
voters, vote for, or voce again#, by a majority
of * —
Os the National Representation.
21. The population is the foie balls of the
national representation.
22. There is one deputy for every 40,000
individuals.^
23. Each rc-union of primary aflemblies
refill ting from a population of from 39,006
to 41,00^1 fouls, nominates direßly one De
puty.
24. The nomination is made by the abfo
lure majority of feffrages."
2s. Each assembly calls up the fuffrages
and lends a comnuffioner sot tbe general catl
ing up to the place pointed out as the mo#
central. < \
« 2^. If the firft calling up does not give an
abfelute majority, a lecoad vote Ss proceeded
to, and the voces are taken for the two citizens
who had the moll voices/
2,7, In case of equality of voice*, the eldest
has the preference, eithef to be on the ballot, ;
or elected.—ln case of equality-of age, lot de
cides. .. , , -j'
28. Every Frenchman exercificg the rights
of citi zeu is eligible through the extent of the '
republic, .
29. Each deputy belongs to the whole .
tioo.
30. Jo case of the n wk acceptance, refigna - <
tion, forfeiture, or death qf a,deputy, he is re-^
placed by the pumary aflembliea who noniL’
noted him*
— •• *— _/_*•—-,^ 4^- " <~ ^~
^The American Herald of Liberty.
Volume VIII.]
E X E TER (New-Hampftrire) Printed and Published by Henry Ranlet, in Main-Street, at Jix /hillings and eight pence per annum.
31. A deputy who has given in his refig
na.tion cannot quit bis pest but alter the ad
mifiion of his fuccefibr.
32. The French people assemble every
year on the ill of May for the eledions.
33. It proceeds in them, whatever be the
number ci citizens prefect haying a right to
vote.
34. Primary assemblies are formed on ex- .
traordtnary occasions, on the demand of a
fi th of the citizens who have a right to vote in
them.
35. The convention it made in his case, by
the municipality of the ordinary place of meet,
’“g
36. These extraordinary assemblies do not
deliberate but when one more than the half of
the Citizens who have a right to vote in them
are present. •
Os Electoral ffemblies.
37. The citizens met, in primary aflemblies
nominate one Eleflor for every 200 citizens,
prcfeni or not, two for from 201 10400. and
three for from 401 to 600.
38. The holding cf the ele&ora! aflemblies,
and the mode cf elections, are the^ame as in
the primary aflemblies.
. Os the Legijlative Body.
39. The iegiflutive body is one indivisible
and permanent.
40. Its feflion is for a year.
41. It meets the iff pf July.
42. The national assembly cannot be con*
ftituted, if it de not confilt of one more than
the half of the deputies.
43. The deputies cannot be examined, ac
culed, or tried at.any time, for the opinions
they have delivered in the legislative body.
44. 7’hey may for a criminal ad, be seized,
enflagrant delit ; but a warrant of arrest, or a
warrant summoning to appear, cannot be
granted jagainil them unless authorized by the
legislative body. <
Holding of the Sitting of the Legislative Body.
45. The fittings of the national assembly
are public.
46. The minutes of its fittings are prin
ted.
47. It cannot deliberate, if it be not com
poled of 200 members at the least.
48. It cannot refule to heer its members
fpcak in the order in which they have deman
ded to be heard.
49. 1- deliberates by (he majority of the
members present.
50. Fifty members have a right to require
the appeal nominal. ,
51. It has the right of cenfu'e on the con
duct of its members during its meetings.
52. Ihe police appertains to it in the place
of its fittings, and in the external circuit
which it has determined. •
Os the F uhfiions of the Legislative body.
53. Ihe legislative bedy proposes laws and
palics decrees.
54. Under the general name of laws are
comprehended rhe ails of thelegiflative body
concerning
The legislators civil and criminal ;
Lhe general ad mi niff ration of the revenues
and of the ordinary expences of the Repub"
lie ;
7’he national domain j*
The ti.le, the weight, the imprcflloh,’ and
(he denomination of money ;
.The nature, the amount, and the colleßicn
of cdutribuiions;
7'bs declaration of war ;
Every new general dittribution of the French
territory ;
The public inflruflion ;
The public honour to the memory of great
men ;
55. Undrjr the particular name of Decreet,
are included the adts of. the legislative body-,
concerning
The annual effablifhment of the land and
sea forces ;
The permi£on or the prohibiting of rhe
passage of foreign troops through the French
leiriiory : ,
Ths intrpdudion of foreign naval forces in.
to. the ports ot the Republic; .
The measures of general fafety and tran- *
J
3 The annual and mamentary diffributiGn of
^public fuccour amj wo^u ;
The order for the rabr^atian of money of ,
every kind ; . ' f f-:-
The unforefeen and extraordinary dtpen-
The meafurej local, ^d particular to an.
admi niff rat ion, » commune, or. any kiM of
public works j v -
C' The defence of the territory ; ‘VS .
The ratification of treaties x
The nomination and the removal of com*
manders io chief of armies;
TUESDAY, September 24, 1793.
The prolecution of the fefpor.flbility of
members of the Council, and the public func
tionaries ;
Fhe accusation of persons charged with
plots against (he general fafeiy of the Repub.
lie ;
All change in the partial diflribution of the
French territory ;
National recompenfec.
Os the Formation of the Lave.
56. The plans of law are proceeded by a
report.
57. The difeuflion cannot be opened, and
the law cannot be provisionally resolved up
on till 15 days after rhe report.
. 58. lhe plans printed and lent to all the
Communes of the Republic, under this title :
lav' proposed.
cf). Forty days after the fending of the
law proposed, if in more than one half of the
departments, the tenth of the primary aflem
blies of each, have not objected to it, the plan
is accepted, a-sd becomes a lava.
60. If therebe an objection, the legislative
body convokes the primary, aflemblies.
Os the Entitling of Lavis and Decrees.
61. Laws, decrees, judgments, & all pub
lic afts are entitled \ In the name of the French
people, the -- ytar cf rhe French Repub
lic.
Os the Executive Council.
62. There is oae executive council com
posed of 25 members. \
63. The eießoral aff*etnbly of each depart
ment, nominates ons candidate. The legifld
tive body choofcs the members of the council
from the general lift.
64. One half of it is renewed by each le
gislature, in the Jail month of the feflioo.
65. The council, is charged with the'di
rethon and fuperimendancc of th.e genetd
Adminiflration. It cannot ad, but in execu -
tion of the laws aod decrees of the legislative
bodv.
66. It nominates, from its own body, the
Agents in chief of the general administration
of the republic.
67. The legislative body dotermines the
number and rhe funßions of these agents.
68. These agents do not form a council.—
They are fepawted 'without any immediate
correipondence between them ; they exerc.fe
no pcrfonal authority.'
69. The council ominates, not of its own
body, (he external agents of the republic.
70. It negociates treaties.
71. The members of the cotnci!, in case of
malverfation, are accused by the Legislative
Bod j.
72. The council is refpoo Able for lhe non.
execution of laws and decrees, and for abuses
which it does not denounce.
73- h recalls and replaces the agents of its
nomination.
74. It is bound ro denbur.ee them, if (here
be occasion, before the judicial authorities.
Os the connection of the Executive Council tvirh
the Ltgjlaiive Body.
7'he’executive council refldei near the
legislative body. It las admittance and a Se
parate feat in the place of fittings.
76. It is heard as often as it has an account
to give
77. The Legislative body calls it into the
place of its firrings, in whole or in part, when
it thinks .it.
Os the Adminijlrative and Municipal Bodies.
78. There is a municipal adminiftraticn in
each commune of the republic.
In each diftrid an intermediate adminiftra.
tion ;
In each department a central adminiflra* '
tion. \ , , r
79 The .municipal officers are elected by
the aflemblies of the commune.
80. The-administrators are nominated by
the eledral aflemblies of department and
diftrid-
Bi. The municipalities and the admioiflra
tions are reoewed, otje half, every year.
82. The adminififators and municipal of
ficers have no charadierof reprefentauon ;
They cannot, in any case, modify the ail’s
of the legislative body, of suspend the * execu
tion of them. " '■ *
83; The legislative body determines the
fundUonß of the municipal officers and admiu
iftrators, the Hiles of'their fubordinatiOn, end
the penalties tbey may incur*.
s >B4s The fiitttigs of the munieipalitjcs and
^adminiftritioßVtte.9Aibiic¥'
o * -
Bs. 7be ^code ofjQvp and- crim I^4 law is
uniform V'r
/ 86, No ipdrin^emenr can. .giade flf-thq
right whichptizens,ffavj xheic dik
ferenceslo be pronounced upon by arbitraurs
of (heir choice.
■XzV 4 '
87. The decision of these arbitrators is fi
nal, if the citizenshave not reserved the right
of objecting to (hem.
88. There are juflices of peace eleded by
the citizens in circuits ceteimired by the
law. w
89. They conciliate and judge without ex
pence.
90. Their number and their competence
are regulated by the legislative body.
91. There are public arbitrators c'.edkd by
the clcdloral aflemblies.
92. 7’heir number and their circuits are
fixed by rhe legislative body.
93, Ihey take cognizance of disputes
which have not been fin.aUy_tercaJnated by the
■ private aibitrators or the justices of peace.
94. They deliberate in public .
7‘hey give their opinions aloud ;
They pronouace, in the last referr, on ver.
bal defences or Ample memorials, without
procedures, and without expense ;
They assign the realons of their decisions.
95. The jullices of peace and rhe public
arbitrators are eledied every year.
Os Ciiminal full ice.
96. In criminal cases, no citizen can be
tried but on an examination received by a ju
ry, or decreed by the legiflarive body ,
The accused have council choicn by ihem
felves, or nominated officially ;
7’he fadi and the intention are declared by
jury of-judgment ;
The puuifliroeut is applied by a criminal
tribunal.
97. The criminal Judges are eleded every
year by the electoral aflemblies.
Os the Tribunal of Appeal.
98. There i^cne tribunal of appeal for all
the Republic. z
99. This tribunal does not take cognizance
^ihe merits of the case;
It pijcnounces on the violation of forms, &
on expreb contravention of (he law. ..
100. The members of this tribunal are no
minated every year by the eledoral alTem
blies.
Os Public Con ributions.
101. No citizen is exempted from the ho
nourable obligation cf contcibuting to the
p publit charges,
Oy the National Tree fury.
102. The national treasury s the central
point of the receipts and expenses of the re
public.
103, It is admtniflered b? accountable a
gtnts, nominated by the executive council.
104. These agents are superintended by com
iniflioners nominated by the legislative body,
not of its own members, and relponfible for a
'bales which they do not'd enounce.
Os Accountability.
103. The accounts of the agents of the na
tional treasury and the adn.iniftrators cf the
public money are given in annually to re
sponsible commilfioners, nominated by the ex
ecutive council.
106. 7'nefe venficators are superintended
by commissioners in the ncmination of the le
gislative body, nor of its own members, and
relpor.fiblc for errors and abules which they
do not denounce ; <
The legislative body pedes the accounts.
, Os the forces cf the Ripublic.
107. The general force of the Republic
jj compclecl of the whole people.
108. The Republic maintains in its pay,
even in time of pe^e, an armed force, by sea
and land.
1&9. All the French are soldiers; they are
all exercised in the cfe of arms.
no. There is no Generalifimo.
' in. Difference of ranks, their distinguish
ed masks and.fubordination, fulfill only with
relauou to service, and during Its continu
ance.
1’ 2 . The public force employed for main
taining order and peace in the interior, does
rot ad but on the requifitioh in writing, of
the constituted authorities.
* 113- 7'he public force employed against e
nenCH s from whnout, ads* under the orders of
tqe Executive Council.
114. No can delibera e.
Os Nafifi^^snvtntions,
11,5. If in one more^han half of the depart
ments vhc^e^rh qfWe primary afferhbltes of
e<pb j£gular|» formed, demand-the’reviUcn of
theJpoi|fti|ut^r;a(?^. or the change of feme
of it# articled, the legluauve body is bound to
.convoke all the primary afftrnblies of the Pe-
J publi3k,"tp(kfcQi|ji( there Bq ground Lr a na
tiqna| convinfiop. v
fs 116. The nailopaf convention'slorroed ia
linjlfelf^irpowers^ .
Onftitution, only on tie objeds which wire
the cause cf its convocation.
[Numb. 12