The Republican ledger — Portsmouth, N.H., 1800-03-26 00:00:00, page 2

A variety of rumours are in circulation relative
to the views of the cabinet on the continent. It is
Aid Mr. Alefworth, the megenger who arrived
lately from Vienna, brought dispatches to minis
ters which tend to confirm the opinion that Aus
tria is disposed to conclude a peace with France.
It is also reported that proportions for a negocia
tion have actually been transmitted to this coun
try through the medium of the Prussian cabinet.
It is aflerted if the Emperor of Germany con
eludes a treaty of partition with France, at which
the feelings of other governments mu* revolt, he
will have cause to dread the indignations those
Dowers. This cannot be true ; for admitting for
inflance that England and Russia could endanger
his exigence as a prince, what would be the con
sequence of an attack by them ? The moment the
Emperor Francis found himfelf closely prefled,
terbaps before he would throw himfelf into the
3rms of France, and thus promote the cause of the
revolution, opposition to which is here pretended
to be the only object of hostility. If England and
Raffia be fiocere in their profeffions, they would
dread attacking Austria, under these circumstanc
es, more than functioning her acquisition-
Among other peculations upon the terms of
partition upon which France and Auftna may
conclude a treaty of peace, jt , conjett^ed that
Bavaria may be facrificed, the elector of which has
broken all terms with France, and has thrown
binrfelfi into the arms of Huffia. France mutt
theffiore feel less defirods to protest the deport
bte, and we all know that Austria has long covet,
ed it aaits mod darling object. By the secret ar
ticles the treaty of Campo Formio, it is believ
ed that part of Bavaria was given to Austria, and
by the next treaty the whole of the territory may
be assigned. Such an unprincipled aft would
probably excite the resentment and perhaps the
hostility of foil; which would feel a duty in
protesting Bavaria ; but it Austria, Prulia, and.
'France fan&ioried die measure, as they probably
tonite efforts Os t could produce no es.
feft.— ft . -—— *
>DUBLIN, DEC.
[ A letter from London by Monday's mail, con-
We yesterday received by express, Paris papers
to the 13th inst. which, though they contain no
military fad that is at once authentic and of
much importance, win, we nave no doubt, be
found interesting. Beginning with military af
fairs, and with that theatre of the war, which is
farthest removed from us, we find nothing new,
except an affair which took place on the 23d ult.
in the Riviera de Poneuti, in which the Imperial
jfts, were the sibilants, and in which the Repub
licans do not positively arrogate to themselves the
victory. They fay that the loss of the Austrians
has been very considerable, amounting to two
.thousand men.
In Switzerland there is nothing new, The
French army is increasing every day in the absence
of its commander.
The reinforcements sent by the archduke to ge
neral Sztarry have enabled him to attack them &
defeat them. Engagement, took place on the 2d,
3d and 4th, which were both warm and general.
The French do not disguise that they were entire
ly to their disadvantage and this we may easily
judge, by feeing, that on the sth their Head quaft
ters had retreated as far as Manheim, and that
their army, which is now commanded by Barrag
uay D'Hilliers, bad at the fame period taken that
concentrated position at the confluence of the
Neckar and-the Rhine, which it had occupied af
ter every one of its former three defeats. This
information is conveyed to us in a letter from
Stralb uirgh, of the 7th inst. and inserted in the
Moniteur, of the 12th. The fame letters add
what, if true, would be of very great importance
in the present filiation of affairs, that an armistice
Was concluded on the sth between Gen. Sztarry
and Baraguay, D'Hilliers. Another letter from
Str fbnurgh, of so late a date as the Bth, in the
Ciey du Gioinet, confirms this armistice, which it
Rates to be concluded for eighteen days from the
6th inst. fubjeft to the ratification of the two hos
tile governments; but hostilities were not to be
renewed without notice, should it not be ratified.
Ite Speaker laid before the house a letter from
t he Secretary of the Treasury, transmitting a State
ment from John. Steele, Esq. Comptroller, of the
compensation allowed collectors of the customs
for the year 1799. — Ordered to be printed.
A number of local articles were considered and
disposed of.
two resolutions on the fubjeCt of Post-Roads,
were ordered to be printed. .One of them con
templates the establishment of a fund for the en
courugeraent of Turnpike corporations. - ...
The house went into committee on the post roads
bill, and made progress therein.
TUESDAY, MARCHIt.
Mr. Otis presented a petition of Dr. Mead, of
Boston, praying for encouragement b'y additional
imposts on imported Camphor, to a new difeover
ed method of refining that drug. Referred to a
luitable committee.
Post-Roads. —The bill on this fubjett, was
read a second time, and parted to be engrossed.
Judiciary System. —A bill for the better
establishment and regulation of the courts of the
United States, was reported and read.
The Senate informed the House, they had non
concurred in the Resolution for rising on the firft
Monday of April next.
; Foreign Intelligence.
[From Dublin papers to December 14, received atfew-YorkJ
• —4fatf^g^^}p,->->—
STRASBOURG, DEC.,.
The army of the Danube, consists of 98,000 men,
and is daily reinforcing. The 23d demi-brigade,
and the 2d of the line have been detached to Italy,
under Gen. Brune. The French troops in Swit
zerland begin to receive their pay and provisions
regularly.
^ LONDON, DEC. 1,.
Information from Leghorn, mentions that the
Austrians are in possession of Genoa. But it is
questionable.
Naples has not yet become orderly. The king
will not visit his capital till May.
Com. Trowbridge commands the blockade at
Malta.,
Buonaparte's friends are endeavoring to excul
{rate him from a charge of designing to re-eftab
iSh negro Slavery.
It is said, and again doubted, that La Fayette
has been ordered from Paris.•
Barthelemy Ex-Director, has desired leave to
return to France. If denied be will proceed to
America.
DEC. 20.
CHAPTERS.I
15. The conservatory Senate shall be composed
of 80 members, of 40 years of age at lead, to be
irremovable during life. %,
For the formation of the senate, there shall be
nominated in the firft instance 6a members—thi,
number Shall be encrealed t 062 in the course of tue
Bih year, to 64 in the 9th year, and shall be graf
jnally encreafed to 80 by the addition of a mem
bers in each of the ten firfly ears. ,
16. The nomination to the office of fenateJhalt
be by the senate, who shall make choice out of
these candidates presented to them ; the first by the
legislative body, the second by the tribunate, and
the third by the chief consul.
17. The chief consul, upon quitting his office/
either by the expiration of his functions, or s,re<
fignation, necefoiiy, and as a,matter of r&M,
becomes a senator. , c
The two other consuls, during the marth winch
follows the expiration of their function*, may
take their feats in the senate, but are not obliged
to exercise that privileges
They lose it altogether if they quit their confa
lar functions by resignation.
18. A senator is always ineligible to ally other
public function.
19. All the lifts made in the departments, by
virtue of the 9th article, shall be addressed to the
senate. They ihall compose the national lift.,
20# From this lift shall be< tested the legislators,
13. No one shall be erased from the lift of those
eligible to public national functions merely because
his name may have been Struck out of a lift of an
inferior or superior degree.
14. The appointment to the lift of eligible is
only necessary with regard to public functions, for
which that condition is expressly required by the
constitution or by the law. All the lifts of the eli+
gib|es shall be formedin the course of the 9th year.
6., In order to exercise the right of citizenship
they mull have been acquired by being domicili
ated by a year's residence, and not forfeited by a
year's absence.
7. The citizens of every communal diftria Qpll
appoint by their fuffrages, those whom they think
molt worthy of conducting the public affairt
There (hall be a lift of confidence, containing i
number of names equal to a tenth of the number
of citizens possessing the right of fuffrage. From
this frft communal till the public functionaries of
diftritts shall be taken.
8. The citizens comprised in the communal 'lirts
of a department Ihall also appoint a tenth of their
number. These shall confhtute a second lilt, call
ed the department lift, from which the public
functionaries of each department shall be taken.
9. The citizens included in the departmental
lift Ihall also appoint a tenth of their number ; this
third lift Ihall consist of the citizens of each depart
ment, eligible to public national functions.
10. The citizens who shall have a right of co
operating in the formation of any of the lifts men
tioned in the three preceding articles, shall © & \y
third year be called upon to exercise the powk<>f
replacing those who ihall have died, or absented
themselves for any other cause than the exercise
of a public function..
11. They may also withdraw from the lids those
whom they shall not judge proper to continue,
and replace them by other citizens in whom they
may have greater confidence.
12. No one shall be erased from the lifts, other
wise than by the votes of the decisive majority of
the citizens, having the right of co-operating iq
the formation.
5. The exercise of the rights of a French citi
zen is suspended by a bankruptcy, or by total or
partial succession to the property of an insolvent.
By a state of hired fervitt^e, either attached to
the Service of the person or the family.
_ By a Rate of judicial interdiction, accusation or
contumacy.
Its European territory is distributed into de
partments and communal diftri<ts.
2. Every man born and resident in France, and
of the age of 21 years, who has inscribed his name
in the civic tegiher of his communal ditirift, and
afterwards remained a year on the territory at the
French Republic is a French citizen.
3. A foreigner becomes a French citizen, who
after having attained the age of 21 years, and de
clared his intention of fixing his residence in
France, and hasrefided there for 10 focceffive years.
4. The title of French citizen is forfeited-^
By naturalization in a foreign country.
By accepting any office or pension from a for
eign government.
By alfimilation tfith any foreign corporation
which supposes diftinftions of birth.
By condemnation to corporal or infamous ptft
ilhments.
rata an observation on the miniflerlal prints there,
affecting to shake the credibility of an armistice
being concluded between the Austrian and French
armies on, the Rhine, &c. which in our opinion
merits the attention of the" flock-holders in tins
country. That an armiflice has been concluded,
is by a corroboration of letters confirmed, it is a
faft beyond a doubt, and that there is the firongeft
probability it has ere this extended to every hos-I
tile Ration, must be admitted ; which circum-
Itance, together with the dereliction of the
Ruffian troops, authorifes us to hope for a speedy
and general pacification. The cabinet, continues
our correspondent, is not ignorant of this, but
withes that its financial agents may repair all their
lodes, by purchasing at a low rate before a cer
tainty of a peace rites the funds, and this obje& is
best accomplished by keeping them low for the
present.
The recal of the Ruffian army is attributed in!
the Paris papersto the following canfes : The ffi
duCt of Genfral Frolich in attempting so take pos
session of the Roman territory in the name of Auf-j
tria ; the formal refnfal of the Austrians ta permitl
the King of Sardinia's return to Turin ; the ob
stacles opposed by them to the return of the Grand
Duke of Florence ; the official afts by which they
exercise sovereignty in Piedmont in the Emperor's
name ; the intrigues by which they prevailed on
Suwarrow to leave Italy, that they might treat it
as a conquered country ; and their opposition to
the proposed journey of the Ci-devant Count d'-
Artois to Switzerland.
[(p, By the Supply arrived at New-York, from
Liverpool—Dates to the gift December.]
ART. t. The French Republic is one and Indi
visible.•
NEW CONSTITUTION
OF THE
Trento Republic.
AN OFFICIAL COPY.
CHAPTER I.
40. The chief has particular funaions and attributes, which,
when he is exereffing, he may be temporarily surprised by one of
Ihs colleagues..
41. The chief consul is to promulgate the laws ; he is to name
and revoke at pleasure the members of the council of state : the
ministers, ambafodors, and other principal foreign agents, the
officers of the army by land and sea, the members of local ad
ministration and the commissioners of the government at tire
tribunals. He is to appoint all judges criminal and civil, as well
as justices of peace, and the judges of caffation, without the pow
er of afterwards revoking them.
42. In the other a£ts of the government, the second and third
jEfub are to have a consummative voice; they are to fen the
regiller of the ads, in order to manifeft that they were present;
and If they please they may counterlign their opinions ; after
which the. determination of the chief consul shall follow.
43. The salary of the chief consul shall be 500,000 franks, for
the Sth year. The salary of the other two consuls shall be equal
to three tenths of that of the firft.
44. The government is to propose the laws, and to make the
necessary regulations to ensure their execution.
45. The government is to direct the receipts end expenses of
the state, conformable to the annual law, which determines the
amount of each ; it shall superintend the coinage of money, of
which the law alone ihall order the iffue,fi%ihe value, the weight,
and the impreffron.
44. When the government are informed of any confpiracie,
against the state, it may issue orders to arrest and bring before
them the persons that are fafpeded rfthe authors or accompli
ces; but if within ten days after such arrest, they are not set at
liberty or brought to trial, it shall be confidcred on tire part of
the minister Signing the order at an ad of arbitrary detention.
47. The government is to superintend the internal fafety and
external defence of the state: it is to distribute the forces by
sea and by land, and regulate the direction of them.
48 The national guard on duty is fubjed to the regulations
of the public administration. The national guard not on duty is
only lubjed to the law.
49. The government is 50 manage political relation abroad, to
condud fetation, to make preliminary ttipulations, to sign and
conclude all treaties of peace, alliances, truce, neutrality, com
merce and other conventions.
50. Declarations of war and treaties of peace ; alliance, and,
commerce, are to be proposed, difeuffed, decreed, and promul
gated in the fame manner as laws.
; Only the difeuffions and deliberations relative to these objeft
fa well fa the tribunate as tfr legislative body, arc to be la a fe
* tret committee, if the government desires it.
ity. The secret article of a treaty cannot be defrudive of the
'folk articles.'
v Under the diredion of the conftils, the council of state is
charged with the drawing up of the plans of the laws and regu
lations of the public administration, and to refoive such difficul
ties as.may occur, in all the administrative matters.
It is from among the members of the council of State that
the orators are to be Elected, who Shall be appointed to appear
-in the name 01 the government before the legislative body.
There are never to be any mor^ than three of these orators sent
to fuppott the fame plan of a law. -
54. .The ministers are §0 procure the execution of the laws,
and the regulations olthe public administration.„
No a& of government can have effect till itU Signed by a
minister. *
3&'l he annual salary of a tribune shall be 15,000 francs, that
<f a legislative ie,ooo francs.
„. Every decree of the leglflitive body ffizllj the loth day af
ter it be made promulgate by the chief consul, unless in the
mean time it is referred to the senate, on the ground of incon
ftitutionality. Such reference cannot be made with regard to
laws that have been promulgated.
38. The firft renewal of the legislative body and of the tribu
nate ihall not take place till the tenth year.
n tribunes, the confute, the judges of caitibn,
/id the Commifiaires a la ReJponfttyiliie.
21. They (hall confirm or annul every aft re-
Ifered to them as unconstitutional by their tribu
rn#e, or the government ; the lifts of the eligibles
[fall be included among these afts.
22. The revenues of national domains, the terms
of which are expired, (hall be liable to the ex
pences of the senate. The annual salary of each
of its members shall be paid out, of those revenues.
—lt shall be equal to a 20th of that of the chief
consul.
23. The fittings of the senate are not public.
24. Citizens Sieyes and koger Dncos, the two
consuls who are to go out of office, shall be nomi
nated members of the conservatory senate ; they
shall unite with the second and third consuls nom
inated by the present one. These four citizens
Ihall appoint the majority of the senate, which
shall afterwards complete itfelf, and proceed to
the elections entrusted to its direction;
CHAPTER fit.
Os the Legislative Powers
2s, No hew law (hail be promulgated, urilefs
the plan shall have been proposed by the govern
ment, communicated to the tribunate, and decreed
by the Legillative Body.
26. The plan which the government may pro
pose mail be drawn up under different heads—ln
every case in which the plans fliall be discussed, the
government may withdraw them, and present
them again in a modified Rate.
27. the tribunate is, to be corhpbfed of tod
members of 25 years of age at lealt ; they foall
be renewed by fifths every year, nnd infinitely re
eligible while they remain upon the national lift.
28. The tribunate shall discuss the plans of e
verv law that may be proposed ; it shall vote for
the adoption or rejeftiop of them.
It shall fend three orators taken from its body,
by whom the motives of its vote, with refpeft to
each of the plans, shall be Rated and supported be
fore the legillative body.
It shall refer to the tenate, but for the cause of
inconditutionality only, the lift of the efgibles,
the atts of the legillative body, and those of the
government.
29. k shall express its opinion as to the laws
made or to be made, the abuses to be corrected,
,he ameliorations to be attempted in every part of
the public administration, but never relative to
the civil or criminal affairs -eferred to the tribu
nals.
The opinions it shall give, byvirtne of the pre
sent article, are to be followed by no necessary
consequences ; they compel no conflituted author
ity to come to any deliberation.
30 When the tribunate,adjourns, it may appoint a coni
mittee from ten to fifteen members, charged to convoke it, if it
ffiall be deemed acceffarfr.
31. The legislative body Shall be composed of three hundred
foembers, of 30 years of age at the leaf! ; they Shelf be renewed
by fifths every yeas. There ought always to be one Citizen, at
Icaft, of each department of the Republic present.
31. A member who goes out of the legislative body casinos re
enter till after the interval of a year-^ut he may be immediate
ly eleaed to any other 'public function, including that Os tribune,
provided he is in other refpeds eligible.
33. The fitting of the legislative body Shall commence every
year on the firft Frimaire, and Shall continue only four months —
it may be extraordinarily convoked during the other eight by
the government.
34. The legislative body enads the law b, determining by fe
tret scrutiny, and without any difcuffiop on the part of its mem
bets, upon the plans of the law debated before it, by the ora.
tors of the tribunate and the government.
„. The fittings of the tribunate and of the legislators body,
Shall be public—the number of the legislators in either of them
hot to exceed zoo.
CHAPTER W.
Os the Government.
39. Tfie government is entrusted to three conful# appointed for
ten years, and indefinitely re-eligible. Each of them is to be
elected individually with the diftinft quality of-chief, second, or
third, consul. The firt ttime the third consul ihall only he nam
ed for five years.
for the present time Gen. Buonaparte is appointed chief con
sul ; Citizen Camhaferes, now minister of Justice, second con
sul ; and Citizen Lebrun, member of the committee of ancients,
third consul.
Os the Peftonfibility of the Public FdnGionavies.
69. The functions of members, whether of the
senate or of the legislative body, or of the tribun
ate, and also those of the confula or counfellors of
state, do not difehatge them from responsibility.
70. Personal crimes, to which are annexed cor
pora] or infamous spnnifhment, committed by a
member either of the senate tribunate, legislative
body, or of the council of state, are prosecuted
before the ordinary tribunals, after a deliberation
of the body to which the person charged belongs,
has authorifed such prosecution.
71. The ministers arraigned, in their private ca
pacity, of crimes to which are annexed corporal
or infamous puuifhment, are considered as mem
bers of the council of state.
72. The ministers are refponfible—irt, fur every
aft of government signed by them, and declared
unconftitutrona) by the senate : 2d, for the non
execution of the laws, and of the regulations of
the public administration ; 3d, for the particular
orders which they have given, if these orders are
contrary to the constitution, the laws and ordi
nances#
73. In several cases of the preceding articles the
tribunate denounces the minister by an aft On
which the legislative body deliberates in ordinary
form, after having heard or summoned the person
denounced. The minister placed in a course of
judgment is tried by a high court, withoutappeal
or refonrfe, for a reversal.
The high court is composed of judges and jurors.
The judges are chosen by the tribunals of caffation
and from its bosom. The jurors are chosen from
the national lift ; the whole according to the
forms prescribed by law.
74. The judges civil and criminal, for crimes
Delating to their functions, are prosecuted before
the tribunals to which the tribunal of caffation
fends them, after having annulled their ads.
75. The agents of government, other than the
ministers, cannot be prosecuted for afts relating
to their functions, but by virtue of a decision ,of
the council of state, in this case the prosecution is
carried on before the ordinary tribunal.
CHAPTER-VlI.
General Dejpofitiom.
,6. The boule of every person inhabiting the
French territory is an inviolable asylum.
During the night no person lias a right to enter
it except in case of fire, inundation, or the request
of the persons within.
In the day one may enter it for the special pnr
pofe, determined either by law, or an order ema
nating from a public authority.
77. In order that the aa which ordains the sr
reft of a person may be executed, it is necessary,
Ift, that it express in form the cause for such ar
rell, and the law in execution of which it is order
ed ; 2dly, that it issues from a functionary to
whom the law has formally given that power ;—
3dly, that it be notified to the person arrested, and
a copy of it left with Sim.
78. No keeper or jailer can receive or detain 1-
ny person without having firft tranferibed on his
register the aft ordering his arrest. This aft mutt
be a mandate, given in the forms prescribed by the
preceeding article, or a warrant for taking rhe bo
dy, or a decree Gfaccufation, or a judgement.
79. Every keeper or jailer is bound, without a
ny order being able to dispense with it, to repre
sent the person in his enftody to the civil officer,
having the police of the hqtife of detention, when
ever this officer shall demand such account,
80. A representation of a person in cuflody
shall not be refuted to his parents and friends, car
rying an order from the civil offices, who shall be
obliged always Ulgrant it, unless the keeper or
jester produces and order of a judge to keep the
prisoner secret. °
81. All those who not being veiled by the law
with the power of arrefling, ftrall give, sign, or
execute the arrest of any person whatever ; all
those who, even in the case ofarreSt authorifed by
law, shall receive or detain the person arrested in&
a place of confinement not publicly and legally de
signated as such ; and allkeepers or jailers who
Shall aft contrary, to the difyotitions of the three
preceeding articles, shall be guilty of arbitrary
detention.\ .
82. All severities used in orreft, detentions, or
executions, other than those commanded by the
laws, are crimes.
Y 6. One of the mlnitofa fyectoty cinred with the adhtin
iritfob of the public treasury. He it to verify the receipts, fl -
red the application of the foods, and the payments authorifed by
law. He is not to be at liberty to pay any thing except by vir
tue, firft, Os a law, and only to the extent of the funds for defray
ing those ekpenfes such law has determined upon, 2dly, by a.
decree of the government, 3dly, by an order tigned : c a min
ifter.'
60. Evdrv communal arondiffement &11 have one or more
justices of the peace, eluded immediately by tile citizen for
three years.
Thelr principal duty conflfls in reconciling the parties applying
to them, and in case of non conciliation, to decide their deputes
by arbitrators.
61. In civil matters there are tribunals of firft instance and
tribunals of appeal. The law determines the organization of the
one and the other ; their competence and territory forming the
jurifdi&ion of each.
57. The detained accounts of every minister, signed and certi
fied by him, arc to be made public.
58. The government can only eled or retain ^ connfellora of
state or minifter^ such citizens whofc names are inscribed in the
national lift.
59. The local administrations eflabHlhed, whether for each
communal diftrid, or for rhe mote extended portions of territo
ry, are subordinate to the minttirre. Ko one can become or re.
main a member of these admimiftratiohs uhlefs he is entered io
the lifts mentioned in the ,th and Sth articles.
61. In case of crimes, to which are annexed a corpora! or in
famous punishment, a firft jury admits or rejects the charge;
If it be admitted, a second jury pronounces on the fad, and the
judges computing a criminal tribunal apply the punishment.
Their judgment is without appeal.
6% The fundidn of public accuser to a criminal tribunal is
filled by the comtoiffioner ot government,
64- The crimes which do not amount to corporal or infamous
punishment are tried before the tribunals of corredionable police,
having an appeal to the criminal tribunals.
65. There to for the whole Republic a tribunal of caffafen
which pronounces on appeals againtt judgements in the dernier
resort, given by the tribunals in cases inferred from one tribunal
to another on account of lawful fufpicioa, or the public fafety,
upon exemptions taken by the party against the whole tribunal.
66. The tribunal of caffation does not inquire into the merits,
but it reveries the judgment given on proceedings in which form
is violated, Or which contain something contrary to the expressed
law, but fends the case back to be tried cn the merits by the tri
bunal, which has cognizance of them.
67. The judges who constitute the tribunals of firft instance,
and the commissioners of government established at the tribunals;
are taken from the communal or departmental lift
The judges forming the tribunals of appeal, and" the commis
sioners placed with them, are taken from the departmental lilt.
The judges composing the tribunal Os caffation, and the com
missioners belonging to that tribunal, are taken from the national
lift.
68. The Justice,, except the justices of peace, remain in oaca
for life, unless they should be condemned to forfeit their places,
or should not be continued on the lift of et^ibles corresponding
with their fu'n&kms.
Os the Tribunal. *
CHAPTER VI.
CHAPTER r.