The Sun.
London, England, 1851-04-26 00:00:00

EMPIRE.

" We, Francis Joseph I.,l;irGod's grace Emperor of
Austria, &c., &c., have, in virtue of paragraphs 96 to 98
of the Constitution of the Empire, on approval of our
Council of State, assembled under its President, and on
the proposal of our Council of Ministers, in accordance
with paragraphs 87 and 120 of the Constitution of the
Empire, decreed as follows:

" 9EC. 1.-CALLING AND POSITION OF THE COUNCIL OF
TILE EMPIRE.
" Clause 1. The Council of the Empire is called upon
to deliberate upon all those affairs upon which, in virtue
of Art. 7 of this statute, it can exercise a consulting in-
fluence, or when called upon by us for its advice, or by
our Council of Ministers.
" Clause 2. The chief vocation of the Council of the
Empire is to support us and our Ministry by its intelli-
gence, knowledge, and experience, that seasoned ma-
turity and unity may prevail in the guidance of the prin-
ciples of legislation.
" Clause 3. The Council of the Empire is exclusively
and indirectly subordinate to us ; its position is that of
equality with the Ministry.
" Clause 4. Its attributes are purely of a consulting
nature. In giving its counsel it is independent, self-suf-
ficing, and guaranteed free deliberations.
" Clause 5. Demands of its approving voice emanate
from us directly to the Council of the Empire, and from
the Council of Ministers. Individual Ministers can only
bring a question of approval before the Council of the
Empire through the Council of Ministers. Proposals
from other bodies or from private individuals cannot lead
to any deliberation by the Council of the Empire, and
are not to be taken notice of unless they exclusively con-
cern its own internal regulations.
" Clause 6. Questions emanating immediately from us
to the Council of the Empire will be presented by Im-
perial decree. The approval of the same to be presented
directly to ourselves.
" Subjects sent by the Council of Ministers to the
Council of the Empire are to be addressed by the Presi-
dent of the former to the President of the latter. In this
ease the result of the deliberations of the Council of the
Empire, with a copy of the proc& verbal of the same, is
to be presented to the President of the Council of
Ministers.

" Clause 7. The Council of the Empire will be con-
sulted on all legislutive questions, and its approval no-
tified in the promulgation of laws.
" Clause S. We reserve to ourselves to seek the ad-
vice and approval of the Council of the Empire in other
matters, should we deem it advisable. Our Council of
Ministers is at liberty to consult the Council of the Em-
pire on matters not herein signified.
" Clause 9. The projects brought before the Council
of the Empire by the Ministry must be fully developed.
" Clause 10. The Council of the Empire cannot take
the initiative in proposing laws or regulations. Should
it, however, become aware of flaws or weak points in any
subject submitted to its deliberations, it is called upon to
point out the same to our notice when it returns its
reply.
" Clause 11. The result of the deliberations of the
Council of the Empire is net binding upon the minis-
terial projects. In subjects which come under clause 7
the Council of Ministers is to submit its resolutions and
the grounds upon which they are found by communi-
cating written copies of its deliberations to the Council
of the Empire.
" Clause 12. Should we deem it advisable to give other
attributes or functions to the Council of the Empire, we
shall issue a further notice on the subject.

" SEC. 11.---FORMATION OF THE COUNCIL OF THE

EMPIRI.

" Clause 13. The Council of the Empire consists of a
president, councillors, and temporary members. A re-
presentative of tho president will be nominated by us
from the body of councillors.
" Clause 14. All personal appointments emanate from
us. The appellation of Councillor of the Empire cannot
be conferred as an honorary title.
"Clause 15. The number of councillors will depend
upon the amount of business, and upon the proposal of
the president of tha council submitted to our decision.
In the selection of councillors the different parts of the
empire will be taken iu'o consideration.
" Clause 16. Men of all classes and from every part of
the monarchy can be elected temporary councillors for
the discussion end consideration of individual projects
of law, if qualified for such by their learning or expt-
hience in respect of the matter to be discussed.
" Clause 17. We reserve to ourselves the right of de-
ciding upon the propriety or necessity of convoking the
Council. end on the subjects to be discussed, as also upon
the election of members in each individual case.

' SEC. 111.-DUTIES AND PRIVILEGES OF THE COUNCIL.

" Clause 18. The attributes and organization of the
Council of the Empire define the duties of this body and
of its members.
" In all its labours, disregarding every other considera-
tion, the Council of the Empire is to keep in view the
welfare of the Throne and of the State. it is its duty

without regard to praise or censure, after a conscientious
examination and manly conviction, to express its frank
and unreserved opinion, and the reasons upon which that
opinion is founded, with the shortest possible delay, in
the clearest manner possible.
"Clause 19. The President and Councillors take an oath
to us to do this; the temporary members take a similar
oath before the President, and at the same time they
take an oath of secrecy as regards the deliberations.
" Clause 23. We reserve to ourselves to invite the Pre-
sident of the Council of the Empire alone, or with in-
dividual members, to take part in our Cabinet Council.
On such occasions the members of the Council of the
Empire have not a deciding vote.
" Clause 24. The President of the Council of the Em-
pire ranks immediately after the President of the Ministry.
" Clause 28. The President, councillors, and members
of the Council cannot hold any other Government ap-
pointment at the same time, or be members of represen-
tative elective bodies.
" SEC. IY.-GENERAL REGULATIONS.
" Clause 30. The deliberations of the Council of the
Empire are not public.
" Clause 31. The regulations for the formation of
committees will be drawn up by the president.
" A member may belong to one or more sections or
committees. All the committees rank equally.
" Clause 35. Except in cases of illness or urgent pri-
vate business, no member can be exempted from attend-
ing the deliberations of the Council.
"Clause 36. The order of business will determine
which subjects are to be discussed in plenary assembly
and which in committee.

" Clause 87. By the convocation of temporary mem-
bers, the preliminary labours to which they are invited
are to be first submitted to their own consideration,
under the presidency of the president or his repre-
sentative.

" It is optional for the councillors to be present at these
deliberations.

" The prods verbal of the result of the deliberations
of the temporary members are then to bo submitted to
the Council, where they will be discussed according to
the order of the day.
" Clause 38. We reserve to ourselves the right of
presiding at the Council for the discussion of subjects
of which we shall each time give due notice to the Pre-
sident of the Council of the Empire.
" Clause 39. The President of the Ministry and the
President of the Council of the Empire (Baron Kilbeck)
are entrusted with taking the preliminary steps in con-
cert or respectively in their own departments for the
executio❑ of this organic law.
" Given at our capital of Vienna on the 13th of April,
1851, in the third year year of our reign.
" Signed, FRANCIS JOSEPH.
" Countersigned, SCHWARZENBERG, KRAUSS, BACH,
BRUCK, THINNFELD, ESORICH,
K. KRAUSS, KULMER."