The Sun.
London, England, 1848-12-09 00:00:00

THE SUN, LONDON, SATURDAY EVENING, DECEMBER 91 1848

manner the exigencies of the great age which wit-
nesses the coronation of his temples with the imperial
diadem. If he recognises the necessities of the epoch,
his administration ray be long and prosperous. If
otherwise, he himself will be doomed to misery and
his country to destruction. As a soldier, the young
EMPEROR fleshed his sword on the plains of Lom-
bardy, when fighting, during the late cam-
paign, under the banners of Marshal RADETZKY.
As an administrator, he revealed no ordinary
capacities (considering his inexperience) when acting
a year since as Viceroy of Bohemia. A rising cap-
tain, an embryo statesman, a scholar ripe beyond
his years, a linguist of surprising ability, a youth of
precocious courage, a prince of propitious intellect—

FRANCIS JOSEPH I. has ascended the throne at
011mutz as Constitutional Emperor of Austria. All
his accomplishments, however, will prove of no ac-
count unless accompanied by a genius of sufficient
scope to comprehend the requirements of an age
more marvellous in all respects than any that the
world has yet witnessed.

On Monday we directed the public attention to the
alterations effected in the law of libel by the 6 and 7
Vic., c. 96, and the attempt so recently made by the
Bishop of EXETER to defeat the wholesome provisions
of that statute. It is a matter of the utmost importance
that the law should be clearly understood, and that there
should be no possibility of doubt as to the practical
working of its enactments. The spirit and determi-
nation of Mr. THOMAS LATIMER, the respected editor
of the Western Times, will in all human proba-
bility speedily settle one important question, viz.,
the liability of a defeated prosecutor to defray the
costs incurred by a defendant in protecting himself
from an unfounded charge. We cannot conceive on
what grounds the legal advisers of the Bishop can
hope to deprive the defendant of his costs in the
present instance. The words of the statute are per-
fectly clear and explicit ; there is: no ambiguity of
expression on which to bang a doubt. It is enacted
that, "in the case of any indictment or information
by a private prosecutor for the publication of
any defamatory libel, if judgment shall be given
for the defendant, he shall be entitled to recover
from the prosecutor the costs incurred." It cannot
surely be denied that this was an indictment by a
private prosecutor for the publication of a defamatory
libel. That judgment was given for the defendant
(surely no additional evidence is necessary to con-
vince the Right Rev. Prelate of that great fact) ;
what pretext then can be set up to defeat the ac-
quitted man of the costs to which he is not only
legally, but justly and equitably entitled ? And
yet we find the attempt made on the last day of No-
vember, nearly eight months after the termination of
the trial, and it was intimated that a further appeal
would be made to the full Court for the order which
Judge PATTESON so properly refused at chambers.
Meanwhile further delays take place and additional
costs are incurred. The honest verdict of the independent
and impartial jury who tried the case, triumphantly
acquitting the defendant, and finding the truth of the
justification which he had placed upon the file, was
returned in March last. A considerable portion of
the costs had been previously incurred, and yet eight
months subsequent to that verdict those costs are still
unsatisfied, and the defendant is not only compelled
to remain without his money, but he is threatened
with further litigation before he can establish his
rights. This is not the conduct we should have ex-
pected from a Christian Bishop. It savours strongly of
a persecuting spirit, of a desire to crush a bold and
manly opponent. Had the Right Rev. Prelate sub

mitted with a good grace to the decisive defeat he had
sustained, had he speedily satisfied the demand to
which he thereby became liable, his conduct would
appear in a better light, and some slight allowance
might be made for the exasperated feelings that in-
duced him to institute his abortive proceedings ; but
his tardy and impotent attempt to defeat the
wise intentions of the Legislature, show that
he is still animated by the same spirit in which the
charge was conceived, that he refuses to recognise
the justice of the decision of twelve independent and
high-minded gentlemen, sworn to return a true ver-
dict according to the evidence, that he still endea-
vours to injure and annoy a conscientious opponent,
whore only fault was, that he told the truth, the whole
truth, and nothing but the truth.

Some estimate may be formed from the case above

referred to of the risks and annoyances to which a
public journalist is exposed in the exercise of his
arduous duty. The benefits conferred upon
society by a free press are. now perfectly understood.
It stands forth the fearless exposer of all abuses. It

protects the weak and helpless against the aggres-
sions of the strong and powerful. Many a petty
tyrant is kept in check by a wholesome dread of its
withering denunciations. If these denunciations are
uncalled for and unwarranted, they recoil with ten-
fold force upon the assailant ; but, if founded upon
truth and justice, they enlist the public sympathy on
behalf of the victim, and the oppressor trembles before
the mighty organ, and perhaps refrains from further
persecution.

It is not alone in these respects that the public
press exercises a salutary influence. In seasons of
political excitement it acts as a safety-valve, through
which the evil passions of the multitude escape. The
unrestricted freedom of discussion that prevails (the
freedom of the press in its widest and most compre-
hensive meaning) has preserved our beloved country
from the anarchy and confusion which has prevailed
in other nations, where that blessing was practically
unknown. It is, therefore, the duty of the public to
reciprocate the advantages they receive, and to
protect journalists from any persecution they may un-
dergo in the discharge of their arduous vocation.
Lct it be borne in mind that it is not sufficient merely
to plead the truth of the charges alleged to be libel-
lous. The truth will constitute no defence unless it
was for the public benefit that the matters should be
published, and as we have already stated the particular
tact or reason establishing the public benefit must
be set forth. A. person who has thus acted for the
public benefit fearlessly and unflinchingly, who has
braved all the serious consequences that might have
resulted, should be saved harmless from every risk,
and receive the tribute of public approbation.
Mr. LATIMER has done this, and he should at least
be protected from all pecuniary loss, and receive

- -
some fitting testimonial of public gratitude.

THE FRENCH REPUBLIC.

We have received the Paris papers of yesterday.
As the day fixed for the election of President of
the Republic approaches, the Monarchical reaction-
aires, from M. TIIIERS down to M. EssiLE DE GIR-
ARDIN, become more and more audacious in their
eflorts to damage the candidate of the " honest" Re-
public, General CAVAIGNAC. The withdrawal by M.
DurAuRE of the proposition for conferring national
recompenses on those who had fought or suffered for
the Republican cause during the last reign afforded
too favourable an opportunity to these wholesale
dealers in calumny to be passed by, and accordingly,
on Thursday, a grand attack was made on General
CAVAIGNAC by the combined forces of the reactionaires,
and an attempt made to prove that he had been lending
himself to the proposition for granting pensions to the
Fehruar
assassins and thieves who were the coadjutors of
committee
tir
acfrualr,
.ALIBAUD, and LECOMTE. The history of
to national r
istltihis—ltninediately after the revolution of
e Provisional Government appointed a
monarchies for thie,T,
considerrecompenses
the claims of those citizens
their
who had suffered under the
adherence to republican prin-
retseant a prisoner in Vincennes,
ciples. ALBERT, at
was the president
woli:rehmtdcommittee. Upwards of
5,000 of which have
7,000 applications
been disposed of, While
isiohoo remain to be
ofV Vincennes, when
e
considered. After the
ALBERT was committed to
Committee of National Recompenses
stituted :—M. AUDRY DE PYREVEAU (r Was
thus con.
honorary president; Colonel GutaaßeoPrreonrtative)l
five), president ; M. VIGNERTE (re prers%-n- teasceo ta-
FORTE (merchant, and wounded in Pebru:v;)'
TRELAT (representative), LESSERRE (doctor, ran'),i
wounded in February), and FENANY (officer of the
Republican Guard), members. This Commission,
after sitting for months, drew up a report which was
given in to M. SENARD, and which was by him pre-
sented to the Assembly, and on which he founded the
following projet rle loi:
" Art 1. National recompenses shall be granted to the
citizens who have fought, or who have suffered for the
Republican cause, under the two last Governments
which have fallen.

"Art. 2. The children of citizens having a right to
national recompenses, but deceased before the promul-
gation of the present decree, are adopted by the country.
The widows and descendants will be succoured or pen-
sioned by the Government of the Republic.
"Art. 3. The national recompenses shall consist in

annual pensions, in indemnities paid in the lump, and in
honorary distinctions.
That these pensions were to be considered in the
light of honorary distinctions is evident, from the
fact, that none of them exceed 251. a year, a sum
which to such men as ARMAND MARRAST and JULES
BASTIDE can be of no importance except as a mark
of the approval of their countrymen, and that the
Ministers knew nothing of the names of those in-
cluded in the list is evident, because MARRAST and
BASTIDE, who are both Ministers, and of whose sanity
no one has ever expressed a doubt, could not knowingly
have ever consented to the appearance of their names
in juxta position with those of thieves and murderers.
The fact is, the lists were lists ofclaimants for pensions
drawn up by the committee, and handed in to the
Assembly for their decision. The instant the Mi-
nistry discovered the nature of the recommendations
the project of law was withdrawn. On its with-
drawal M. DE LAROCHEJACQUELIN thought proper, as
we stated yesterday, to denounce the Ministers of the
Republic both past and present in no measured terms.
At the sitting of the Assembly on Thursday,
M. Senard, ex-Minister ol the Interior, was the first
to ascend the tribune to explain the causes of his absence
when a motion, in which he felt personally interested,
had been mooted. Had be been present when M. Dela-
rochejacquelin spoke of the manner in which money des•
tined for national recompenses had been diverted from
its purpose, he would not have protested against the na-
tural movement of indignation that had seized the As-
sembly. He should declare, for bis part, that he knew
nothing of the documents referred to, and he was sorry
that some discussion had not taken place calculated to
throw light on the subject. It could not be for the in-
terest of the past or present Government to lie under the
suspicion of having contemplated the accordance of pen-
sions to robbers and murderers. He did not blame the
remarks that had been made among individuals, or in
the press, for they rose from a laudable feeling.—(Ex-
clamations on the left.) M. Senard then proceeded, at
some length, to state the origin and composition of the
committee that after the revolution had been formed,
with the view of recompensing pure patriotic Republi-
cans who had been made victims under the monarchy.
M. Guinard had nothing to add in the way of details
to what had fallen from M. Senard relative to the la-
bours of the committee of national recompenses. Yet
he could not agree in the opinion that had been ex-
pressed relative to the conduct of the citizen Albert,
who had presided over that committee. He declared
that he had been actuated by the noblest sentiments—
that of recompensing the men who for 20 years had en-
deavoured to overturn a Government which, it was now
acknowledged by all, had deserved its fa.e. It was now
sought to be made believed that these had been mere
assassins and murderers. Yet such was the object of
such men as M. Thiers, for example, who had kept them
his prisoners.
At this apostrophe, addressed directly to M. Thiers,
there was a burst of indignation on the right of the As-
sembly, mingled with cheers from the lett; the whole
rising into uproar of the most tremendous kind.
M. Thiers rose amidst cries of " To the tribune," on
which he ascended the tribune, and apologised for having
interrupted the orator, which he would not have done
had he not been personally addressed in a way so un-
usual, and so little in accordance with usage. He would
now reply by saying that M. Guinard had not been his
prisoner, but that of the law; and he would say, to all
appearance justly.—(Loud cheers from the Right.)
M. Guinard resumed—He had named M. Thiers, be-
cause, during the political struggles that had torn the
country asunder, he had ever considered M. Thiers to
be the enemy of their efforts.
A Voice from the Left—He is so still.
M. Guinard—As to documents, he would deny that
there had been any proof of their authenticity. Ile
called on the Minister of the Interior to say how such
documents could have issued from his office, without any
marks to show their authenticity. He would propose
that they be deposited in the archives, for general in-
spection.—(Cheers from the Left.)
M. Dufaure should declare that the documents were
perfectly authentic, and had been signed by the secretary
of the original committee and one of the members.
Until 3 esterday he had been in complete ignorance of
the character of these documents. They consisted of
three classes. First, returns of those who bad been
wounded in February; secondly, of those who had suf-
fered.on account of their opinion. But these documents
contained no proposition from the committee appointed
to report on the project of law for according national
recompenses. They were only indications or minutes of
names and circumstances submitted to the committee.
The lists that had been given in the journals were correct
copies, but bungling, as they did, the names of political
prisoners with robbers and murderers, they should more
properly be called returns from the registers of the
prisons of Paris.—(Murmurs.) Yes, such they ap-
peared to be; and hence it was that the names of
honourable persons had been found in the same category
with criminals.
M. Vignerte wished to know how such lists had been
given to the public. The object was to create a false
impression, and to injure General Cavaignac.—(blush
clamour.) He denounced the circumstance as a scanda-
lous manoeuvre of the reactionary party.—(Uproar.)
General Cavaignac said he was quite sure that no
Member of the Assembly could for a moment suppose
that he or any member of the Government could have
prepared, or caused to be prepared, a list of persons en-
titled to national recompenses, composed partly of rob-
bers, and partly of men of honourable character.
—(Loud cries of assent.) Such attacks could not, how-
ever absurd, be passed over; and it was really with a
feeling of strong emotion he had witnessed the manner
in which the matter had been taken up. Most certainly
he could never be a party to giving recompenses to any
other than those who have served their country. He
therefore repelled the charge, that the Government had
brought the list of names that had been submitted to the
Committee. If he deceived himself, and that there really
was any Member present who believed the Government
capable of such conduct, he would beg him to come for •
ward and state so openly.—(Cheers.)
M. Baroche, as president of the committee to which
the bill had been submitted, would declare that no one
could for a moment suppose that General Cavaignac or
M. Dufaure had anything to do with the prepara ion of
such lists, but still he could not agree that they had not
been seriously prepared, and that with the view of pro-
posing recompenses to the persons who had been stig-
matised properly as the worst criminals. As to the
publication of the lists he could not account for it. A
sub-committee had had the lists in their hands, and they
had passed under many eyes.
General Cavaignac said the committee had acted, in
regard to the lists, precisely as the Government would
have done in their place. He had also to repeat, what
he had before said—that the Government could have
known nothing of the composition of those lists.
M. de Larochejacquelin protested that in bringing the
matter forward, he was influenced by no motive beyond
that of expressing the indignation, so generally felt, at
discovering that there had been a serious intention of
according national recompenses to assassins and cri-
minals.

M. James de Montray expressed his concurrence in the
sentiments of M. Guinard, who had attacked the mi-
nisters of the monarchy.
M. Fresnan said he thougl4 that copies of the lists had
been taken by some members who had assisted at meet-
ings of the committee, but denied that the committee
were parties to the publication.
The Minister of the Interior—l have in my hand the
lists communicated by the committee on national recom-
penses to the committee of the Assembly, and I feel
bound to state how they are drawn up. At the back of
the list there is written, " Vise le 25 Novembre —signed
Rouen." At the end there is no signature. It has been
stated that the lists mentioned the pension demanded by
each person, but that is an error. These lists are, as
I have before stated, divided into several columns,
the last of which, fur observation, is left blank. With
regard to, the lists, which were connected with the com-
batants of July, that is not the case; the column of
decisions is filled up, but that list has nothing to do
with the discussion, for, as you are aware, none of the
documents published by the journals concern the corn
'satants of February.—(Marks of surprise.) This is all

I have to say on this point. I shall add nothing to it
It is an admitted fact that copies have been taken of the
lists deposited in the hands of the committee, and I am
convinced that those copies were made at the time that
the cabinet of the committee was invaded by a number
of the members of the Assembly. One journal has as-
serted that the copies were furnished to it by two mem-
bers of the committee, but that journal states a false-
hood .—(Marked indignation.) Na member of the com-
mittee has given a copy to any one. As I do not wish
to exaggerate anything, but to explain facts as they have
taken place, I will add that certain members of the
Assembly have considered that they were at liberty
to take copies and communicate them to the journals,
and I am convinced that in so doing they never imagined
the disgraceful abuse which would be made of them-
Unless the room of the committee had been thus in-
vaded, explanations would have been made.
I do not seek to discover what is the interest which
actuated the person who gave these lists to publicity;
but as the idea that they might contain errors did not
arrest him, it is to be supposed that his intention was to
fling forth an accusation against the Government, by
affirming that it knew all that the lists contained, and
that it desired to recompense robbers and assassins. But
that is not all; it seemed necessary to personify the Go-
vernment in order to give a direct telling blow; and so
the men whose names are found on the lists have bee❑
called the pensioners of the Executive Power.—(Agita-
tion.) But from this discussion must proceed two truths
—one, that there are principles of universal morality
which survive all Governments, and which cannot be
transgressed under pain of downfall—(Hear, hear)—and
thus no Government can countenance or tolerate rob-
bery or assassination.—(Hear, hear.) A Government
which could bring itself to so trample under foot all
feeling of propriety and honour would be guilty of a
crime. The other truth is this—that, to endeavour to
discover in these documents, which have nothing decided
nothingecuireeii,:mutheovertaooNli
eiesi
defameno.
riffisuytcgeiegrasil: in them, grounds for grave accusations,
is another species of crime.—(Agitation.)
tohifthe iatssph auebbpelioi
ti
etc
meirocieamonlialo assassination
isnaotesnesidesi actoi
undoubtedlyounntr
country
i;
n
take
kp
et inter-
ruption,)
well aware of the motn
ives of this conduct. Ant buter a_
A Voice—yes, it
—(Loud
Another Voice—It wasg calculatede thata each line would
v itsesafraoimnshti General Cavaignac !
The M,irisispteenrdoifngthl
wlnut;rior—A. great electoral strui-
' downg ?'ay'
disloyal conduct—ii
Movements) There is but one means of putting
one ?—(
country
ywhich i
against
tol
ewh)ill now
will
biunworthypronounceeowst m
sufficienta n ostuov manoeuvres,—(Ye:,
flings .—b(
it notis
the
em fairaarnkde
marked
honourabledidisappro-
bation _
in the face of the
and lung agitation.
_op, convinced that your
assent to what I say
aYekes'fryoems,

the Government such false and calumnious accusations.
—(Yes, yes, and loud assent.)
The sitting remained suspende 1 for ten minutes. At
last, with great difficulty, the President obtained silence,
when all at once cries arose for " the cloture."
The Chamber, on being consulted, decided that the
discussion was closed.
The President—M. Guinard has proposed that a
committee of inquiry should be appointed to examine the
documents and the registers of the committee of national
recompenses. Is the proposition accepted?—(Cries of
" Yes, yes!") Another proposition has been made by
MM. De Montry, Degeorge, and Flocon, for an inquiry
into the origin of the documents published by the jour-
nals.--(None.) A division is demanded. Do 20 mem-
bers support that demand?—(Loud noise.)
M. Lacrosse said that what was proposed was already
expressed in article 47 of the regulations, and proposed
that the Assembly should pass to the pure and simple
order of the day.
The President—Does the Assembly insist on the pure
and simple order of the day?—(Cries of " Yes, yes.")
M. Baz i loudly declared his adhesion to this course.
The Minister of Public Works demanded that the
Chamber should pass to the order of the day pure and
simple. In a doubtful question he could understand
such a course might be objected to, but in the present
one, when the honour of the Government was concerned
he thought it ought to be adopted.
The President—l demand whether lam to put to
the vote the orders of the day motives which have been
presented and whether I am to read them to the Assem-
bly.—(Cries of " No, no," " Divide, divide.") I Shall
consult the Assembly on the orders of the day motives.
The Hon. President made several attempts to read
them, but his voice was drowned in the tumult which
prevailed.
Heckeren said that by the regulations the Presi-
dent had no right to readitie orders of the day motives.
He should first propose the order of the day pure and
simple.
M. Taschereau denied that the regulations could be
construed in that selle. The order of the day pure
and simple, could not be demanded until after the orders
of the day motives had been read.
M. Dupin said that the order of the day pure and
simple always had priority over orders of the day motives.
The orders of the day pure and simple, was then put
to the vote, and adopted almost unanimously.
The prods verbal was then agreed to.
M. Lagrange complained that his proposition relative
to the transported insurgents, which had:been inserted on
the order of the day to follow the rectified budget, had
been delayed.
The President—The order of the day had been inter-
rupted. The Assembly had only exercised its right in
so doing. The proces verbal will make mention of the
observation of the Hon. Member.
The Assembly rose in great agitation.
Before the debate of Thursday, the following letter
fr nn General FAnvlEß,.an old Bonapartist, to General
CAVAIGNAC, was extensively circulated by the organs
of the reactionary party:—
" Sir,—lf you signed the project the decree published
by the journals granting national recompense as the
price of assassination, even though all France may raise
you to the Presidency, I declare that I refuse obedience
to any Government of which you may be the Chief.
FABVIER."
Since that debate the reactionaries are crest fallen,
their weapon has recoiled upon themselves.
The Journal des Debats says:—
"There is one point which we are bound in justice to
say has been completely cleared up by the discussion of
yestr rday—that the Government certainly had no know-
ledge of these lists. It was without its knowledge that
they were made out. Its fault is in having trans-
mitted them to the Committee of the Chamber with-
out having read them. Tbat fault is repaired
as much as was in its powers by withdrawing the
decree as soon as it was made aware of it, and its
punishment will be that all these explanations may not,
perhaps, exonerate it in the eyes of the country. Public
morality bas been outraged; every honest man has felt
the blow, and the feeling has been very deep. There
was only one cry raised, when it was seen that the lists
for national recompenses contained the names of the
children of Pepin and the sister of Lecomte. But if we
are compelled not to excuse the Government of the
fault of negligence, we shall not carry party spirit so
far as to accuse it of a crime, and we must say that
if there be any one in the world innocent of the list
it is General Cavaignac.
"Such is for us, who are impartial judges and disinter-
ested spectators, the general result of this discussion."
The Moniteur du Soir gives the following official
explanation of the affair :
" This decree had for its object to grant rewards to the
wounded of February, and the citizens who had combatted
or suffered for the Republieau cause, and, finally, to
settle the account of the subscriptions collected for the
wounded of February, and which exceeded 1,300,000 f.
According to articles 4 and 5 of the draft of the decree,
the rewards were to be awarded on the decisions of the
Minister of the Interior. The committee of the National
Assembly charged to examine the draft of the decree,
demanded communication of all the papers. The Minis-
ter of the Interior, obeying the wish of the committee,
applied for the papers, and gave them in. The inspec-
tion of these papers showed that by the side of real ser-
vices rendered to the cause of liberty, and which the Re-
publican Government is bound to reward, are odious
and insensate indications, the existence of which
could not have been suspected. The Gnvetrtment has
felt that, although there was nothing definitive in what
had been done, there resulted, from the mere facts of the
revelation, the necessity of abandoning the primitive
project, and proceeding to a new consideration of the
elements of the question. It has withdrawn the dra
of the decree."

The Moniteur also publishes the following :
The most false reports were circulated yesterday at
the Bourse, and seem to h tve had some influence on the
prices of the day. At first it was said that the Pope had
refused to accept the hospitality offered him by the
French Government. Nothing justifies such a rumour,
for the Government has not, up to this day, received
any communications except those which it has laid be-
fore the National Assembly. Neither is there any truth
in the asserted resignation of the Commander-in• Chief
of the National Guard, and his being replaced by an-
other."

A serious affray, in the course of which several
lives were lost, has occurred at Bordeaux between the
partisans of Louis BONAPARTE and those of LEDRU
ROLLIN. The military were called out to disperse the
combatants.

A very serious conflict took place at St. Jean
d'Angely between the National Guards of that town
and those of St. Hilare, gro"g out of resistance to
the payment of the additional 45 per cent. on the
taxation.

The funds rose 1 per cent. in Paris yesterday,
owing, it is said, to the tnanceuvres of the " Bulls."
BUSINESS DONE IN FOREIGN RAILWAYS AT TAE
LONDON STOCK-EXCHANGE, DEC. 8.
Luxembourg (10/.), l%—Paris and Lyons (10/.), 41/4.

ter its affairs independently, and remain in the posses-
sion and enjoyment of the property, funds, and endow-
ments appropriated to the purposes of its worship, in-
struction, and beneficence.
13 l'he intercaurse of religious societies with their
superiors is unrestricted. The publication of their orders
end regulations is only subjected to the limitations to
wisich all other public ttions are
14. A special law will regulate Church patronage, and
the conditions according to which it is to be aboli•hed.
15. The right appertaining to the State of proposing,
electing, and confirming canlidat2s for ecclesiastical
offices is abolished.
16 The civil validity of marriage is determined by its
conclusion before the officers of the State appointed for
the purpose. The ecclesiastical ceremony can only take
place after the completion of the civil cataract.
17. Kuowledae and its communication are free.
18. To the youth of Prussia is secured the right of a
general popular education (allgemcine Volksbildung) by
means of adequate public institutions. Parents and
guardians are bound to give to their children or wards
th- requisite training for the universal popular education,
and they must, for this purpose, submit to the arrange-
ments which will be enacted by the law of instruction.
19. It is free to all to impart instruction and to found
educational establishments, if they have given proof of
their moral, scientific, and technical capacity to the State
authorities.
20. Public national schools, as well as all other edu-
cational
and instructional establishments, are placed
under the surveillance of particular and State-appointed
officials. Public teachers possess the privileges of State
servants.
21. The management of the external affairs of the
national schools, and the choice of the teachers (who
must have given Preliminary proof of their moral and
technical competence-to the State authorities), appertain
to the communal districts (gemeinde). The religious
instruction in the national schools will be superintended
and controlled by the religious societies of the locality.
22. Th• means of erecting, maintaining, and extend-
ing the public national schools will be supplied by the
communes, and,-in the event f proved incapacity, by the
State in the shape of a supplementary grant. The obli-
gations imposed by third parties, and resting on especial
titles of right, are maintained. In the public national
schools education will be administered gratis.
23. A special law will regulate the system of in-
struction in the aggregate. The State assures to the
teachers in the schools a certain adequate stipend.
24, Every Prussian has a right to express his ideas
freely, orally, scripturally, by the printing press, and by
artistical designs. The freedom of the press must under
no circumstances and in no manner be restricted, sus-
pended, or abolished, either by the censorship, by the
exaction of securities, by deposits, by state-imposts, or
by restrictions of the printing or book trade, still less by
postal prohibitions, or unequal postage duties.
25. Offences which are committed by the above means
of diffusing ideas are to be punished according to the
general penal code. Before the revision of the law of
penalties a special provisional law thereupon will be
issued, until the appearance of which the present general
laws remains in force.
26. If the author of a work is known and in the legal
power of the State, the printers and publishers must not
be prosecuted, unless inculpated by other facts. The
names of the printer and publisher must appear in the
title-page of all such works.
27. All Prussians are entitled to assemble with closed
doors, peaceably and unarmed, without any previous per-
mission on the part of the authorities. This regulation,
however, does not apply to meetings in the open air,
which are, in all cases, subjected to the provisions of
the law. Until the enactment of such a law, twenty •
four hours' notice must be given to the police of the in-
tention to hold an open air meeting, in order that the
authorities may have an opportunity of prohibiting the
said meeting if they deem it dangerous to the public
security.
28: All Prussians have the right to unite in societies
for such purposes as do not run counter to the general
code.

29. The conditions under which corporation rights
can be granted or refused are determined by law.
30. The right of petition appertains to all Prussians.
Petitions, under a collective name, are only allowable to
officials and corporations.
31. The secrecy of letters is inviolable. The restric-
tions that may be rendered requisite in the case of judi-
cial investigations and cases of war are to be established
by law. The law defines the officers who are responsible
for the violation of the secrecy of letters transmitted
through the post.
32. All Prussians are bound to serve in defence or the
country (rind wehrpflichtig). The extent and nature of
this duty the law will define. To the army the arrange-
ments of sections 5,6, 27, and 28 are only applicable in
so far as they do not run counter to the prescriptions of
military discipline.
33. The armed force consists of the standing army,
the militia (landwehr), and the Burgher Guard (burger-
wehr). Especial laws will regulate the mode of enlist-
ment and the period of service.
34. The armed power can only bo used for the sup-
pression of intestinal com motions and for the execution
of the laws, on the requisition of the civil authorities,
and in the cases defined by the law.
35. The establishment of the Burgher Guard is to be
regulated by a special law.
36. The army is placed in time of war and active ser-
vice under the " military criminal jurisdiction," and is
subject to the military penal code, and in time of peace,
and when not in active service, to the general penal
code, with reservation of the military criminal jurisdic•
tion. The arrangements for military discipline in war
end peace, as also the peculiar details of the establish-
ment of the military judicial authority, will be the sub-
ject of special laws.
37. The standing army must not deliberate (beeath-
schlagen), nor can the militia (landwehr) do so, when
called toge:fe?r. Even when it is not assembled, all meet-
ings and associations of the landtvehr for the discussion
of military orders and regulations are prohibited.
38. The establishment of feudal tenures and the foun-
dation of family entails (fidci comnzissen) is prohibited.
The existing institutions of this nature will he converted
by a legal ordinance into freehold property (freies
eigenthum).
39. The foregoing provisions (Article 38) are not for
the time applicable to the Crown fiefs, the entails of the
Royal and Princely house, the fiefs lying without the
State, or the fief
s and possessions formerly heldimme-
diately under the empire, so far as the latter are guaran •
teed by the federal law of Gi rmany. The legal relations
of the same will be ordered by a special law.
40. The right of the free disposal of landed property
is subject to no other limitations than to those of the
general law. The division of such property and the re-
demption of the land-taxes is guaranteed.. The follow-
ing are abolished without indemnification :
1. The seignioral jurisdiction (gem/its-herdic/eke/0, the
manorial police and superintending power, and the
rights and privileges appertaining to certain territories;
whilst, on the other hand, the burdens and duties en.
tailed on the possessors of such privileges are equally
abolished. Until the issue of the new " order of com-
munes" the existing arrangements with reference to the
police administration remain in force.
2. The duties arising from those privileges, from the
supreme right of protection, the ancient hereditary sub-
jection, and the ancient constitution of taxes &c.On the hereditary transmission of a territory the
transfer of the entire property is alore adinissitle; at the
same time, even in this case, an established redeemable
rent may be reserved.
CHAP. lII—OF THE KING.
41. The person of the King is inviolable.
42. His Ministers are responsible. All ministerial
acts of the King must, in order to be valid, be coun-
tersigned -by a Minister, who thereby assumes the re-
sponsibility.
43. The executive power appertains to the King alone.
lie appoints and dismisses the Ministers. lie orders the
promulgation of the laws, and issues the necessary com-
mands tUr their execution.
44. The King takes the supreme command of the
army.
45. He fills all situations in the same, as well as in
the other branches of the State service, so far as the law
allows.
46. The King has the right of declaring war, corclud-
ing peace, and entering into treaties with foreign Powers.
Commercial treaties, as well as others, imposing burdens
or duties on individual citizens, must be assented to by
the Chambers.
47. The King has the right of granting pardon and
commuting punishments. This right can only be exer-
cised in favour of a Minister prosecuted for official mis-
conduct, on the proposal of the Chamber by which the
prosecution was instituted. He can only put an end to
investigations already commenced on the strength of a
special law.
48. The King has the granting of "orders" and other
distinctions not connected with privileges. He exercises
the right of coining money according to law.
49. The King convokes and prorogues the Chambers.
He can either dissolve one of them, or both simultane-
ously. The electors, however, must in this case be con-
vened within 40 days after the dissolution, and the Cham-
bers within 60.
50. The King can adjourn (vertagen) the Chambers.
But this adjournment cannot, without the consent of the
Chambers, exceed a space of 30 days, and must not be
repeated during their session.