The Express.
London, England, 1852-01-27 00:00:00

ORGANIC DECREE ON THE COUNCIL OP

STATE.

The Muniteur publishes tho following document
relative to the organisation of the council of state :

• FAINCH REPUBLIC.
Louis Napoleon, President of the Republic, decrees:
CRAP. I.
FORMATION ANT COMPOSITION OF TAM COUNCIL.
Art. I. The council of state, under the direction of the
Prwitlent of the Republic, draws up all bills and maintains
the d.'scussion of them before the legislative body. It pro.
poses the decrees which enact—lst, on administrative affairs,
the examination of which is referred to it by legislative or
regulaimsy provisions; 2d, on points of dispute connected
with administrative questions; 3d, on all disputed
questions of attributions between the administrative
and judicid authorities. It is necessarily called
upon to give its advice on all decrees connected
with regulations of the public administration, or
which are required to be drawn up in the form of these re-
gulations. It takes cognisance of all affairs of the high
administrative police with respect to public functionaries,
whose acts are referred to it by the President of the Re-
public. Finally, it gives its advice on all questions sub-
' emitted to it by the President of the Republic or his
ministers.

Art. 2. The council of state is composed—l. Of a vice-
president of the council of state, meted by the President of
the Republic; 2. Of from feet, to fifty cooncillors of state,
on ordinary service; 3. Of conneillan of state on ordinary
service, unattached to any particular section, the number of
which cannot exceed 6 ftren ; 4. Of councillors of state on
extraordinary service, the number of which cannot exceed
twenty; 6.l3lfarty musters of requests, divided into two
clause. of twenty each ; 6. Of forty auditors, divided into
two classes of twenty cosh. A secretary-general, with the
rank and title of a master of requests, is attached to the
senora of state.

Art. 3. 'l 'he ministry* have rank, aorta, and deliberative
voice in tho council of state.

Art. 4. The President of the Republic appoints and re-
vokes the members of the council of state.
Art. 5. The council of state is presided over by the Pre-
sident of the ltepublie, or, in his absence, by the vice-pre-
sident of the council of state. The latter also presides,
whenever he pidges it necessary, over the different admi-
nistrative sections, and the assembly of the council of state
deliberating on affairs in dispiee.
Art. 6. The councillors of state in ordinary service, and
the masters of requests, can bo neither senators nor depu-
ties of the Legislative Body ; their functions are incompa-
tible with every other public and paid situation. Never-
theless general officers of the army and admirals in the
navy can be named councillors of state on ordinary, service.
In this case, they are considered during tho period they are
so engaged as employed on a mission hoes cadre, and pre
serve their rights to seniority.
Art. 7. The councillors U state in ordinary service, un-
attached to snyisect on, are to be chosen from amongst men
holding high public facetious. They take part in
the de-
liberations of the general assembly of the council of state,
and have there a deliberative voice. Like the •eouncillors
of state, they receive no salary or indemnity.
Art. 8. The President of the Republic car, eenree the
title of councillor of state on extraordinary service on the
councillors of state 00 ordinary service, and who then cease
to fulfil these functions.

Art 9. The councillors of state on er'mominary service
may be present, and have a deliberatir a voice, in the gene-
ral amentbly of the council of state to which they have been
eonvoked by a special order from 6.0 President of the Ite-
pubhe. _

CHAP
SZCTION I.—FORKF. OF PROCEIDI/10.
Art. 10. The Council of S'Ate is divided into six sections,
namely, the section of legislation, justice, and foreign
affairs the section of di'vuted affairs, that of the interior,
public instruction, and worship; that of public works, agri-
culture, and cosame..ee ; that of war and the marine ; and
that of inane*. rats division may be modified by a decree
of the executive ~ewer.
Art. 11. Reel, section is presided over by a councillor of
state on ordinary service, appointed by the President of the
Republic.
Art. 12. The deliberations of the Council of State take
place in a general assembly, and the decisions are given by
• majority of votes on a report made by the councillors of
state on all Dina, and on the more iniportakt affairs, mud by
the masters of requests for all other business. The masters
of requests and the auditors of the first class, can be present
at the general assembly. Nevertheless, they can only attend
by virtue of a special authority at general assemblies, when
presided over by the President of the Republic. The masters
of requests have a consultative voice in all affairs, and a de-
liberative voice in those of which they draw up the reports.
Art. 1 . The council of este cannot deliberate unless
twenty members having et deliberate voice, exclusive of the
ministers, be present. In case of an equality of votes, the
President has the casting one.
Art. 14. The decrees promulgated after a deliberation of
the council of state are issued with this heading—Le Con-
seil d'Etat eltiflldll. The decrees promulgated, after a de-
liberation of one or several sections, state what sections hare
been heard._

Art. 15. The President of the Republic designates three
councillors of state to support the discussion of each bill
presented to the legislative Indy or to the senate. One of
these councillors may. be taken from amongst the council-
lon on ordinary service, unattached to any section.
Art. 16. The provisions of the decree of lune, 11, 1806,
are to be observed with respect to the public functionaries
whose conduct may be brought under the notice of the
councilor state.

SECTION 2.—MATTERS IN DISPUTE.
Art. 17. The section for settling matters in dis-
pute is charged to direct the investigation in writ-
ing, and to prepare a report on all the affairs on
which dbputes ha,. arisen, as well se on any dif-
ferences between the administrative and judicial authori-
ties relative to their respective attribution.. It is composed
of siz councillors of state, including the President, and of
the number of masters of request. and auditors determined
by the regulations. It csnnot deliberate unless four of its
members, at least, having a deliberative voice, arc present.
The toasters of requests have a consultative voice in all
mutters brought forward, and a deliberative voice in those
for which they are report:re. The auditors have a consul-
tative voice in the matters on which they draw up a report.
Art. 18. Three masters of requests are designated by the
President of the Itepublic to fulfil at the section on admi-
nistrative disputes the functions of government commission-
ers. They are to be present at the deliberations of such
section.

Art. 19. The report on affiirs is made in the name of the
section, in public sitting of the assembly of the council of
state deliberating on disputed affairs. This assembly is
composed-Ist, Of members of the section ; 2d, Of ten coun-
cillors of state designated by the President of the republic,
and taker in equal numbers from each of the other sections.
They arc renewed by moiety every two years. This as-
sembly is presided over by the president of the section of
di•putcd affairs.
Art 20. After the report the advocates of parties arc ad-
mi•.ted to present oral observations. The commissary of the
government gives his conclusions on each affair.
Art. 21. The affairs fur which no advocate may have been
named are not carried before the public sitting, unless that
he demanded by one of the councillor's of state of the INT-
tiou, or by the commissary of the government, to whom