The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-28

q municipal council.
Arr "a law to be passed hereafter, shall fix the
composition and duties Of the General Councils, the
District Councils and the Municipal Councils, as well
as, also the manner Of appointing the Mayors, and
ART. 10 The General Councils and the Municipal
Coun shall be elected by the direct vote of al c
zeps living in the department the district each dis
trict shall elect member Of the General Couucl
special law shall regulate the forms Of election in the
Of the Seine also in the city Of Paris as
well as also, in all cities containing population Of
| over twenty thousand souls.
ART S0--The Councils General, the District Couu-
cls and the Municipal Councils may be dissolved by
the President Of the republic, on the advice of the
Council Of State the law will fix the period within
which new election shall be held after such disso-
luton
ART. 81 Justice shall be awarded gratis, in the
name Of the French people. Their proceedings shall
be public, except In cases where publicity may be de-
| tr,nental either to the public order or the public
morals In which case the court shall declare the same
| by q formal Judgment.
Arr. S2.-Trial by jury shall be continued in cri-
ART sa.-The decision upon all political offences,
and upon all offences committed by means of the
press, by any other modde Of publication shall be-
long exclusively to the jury The organic laws shall
determine the tribunal and powers in relation to Of
| fences Of insult and defamation against private
ART. s4-Tbe jury alone shall decide upon the
question OF damages claimed on account OF alleged
Ant. So The justices of peace and their assist
members of the Court Of Cessation Court Accou nts
shall be appointed by the President of the republic,
according to system Of candidateship or conditions
| here after to be regulated by Law.
| Art Se.-The magistrates shall be appointed by the
| President Of the republic.
| ART. 81 The judges of the first instance and Of
appeal, and the members of the Court of Cessation,
shal be appointed for life They shall not be dis
missed or suspended, except after formal judgment
cred against them, nor pensioued Off except for
causes and according to appointed by law
Arr sS-The councils Of war AMI of revision of the
armies by and by land, the tribunals of commerce.
the prud hommes, and other special tribunals, shall
retain their present organization, and their present
| f,vn xh.to bald ia I,
ART. S9-Conficts Of jurisdiction bstween courts
shs be regulated by special tribunal, composed of
State to be designated every three years an equal
number. by the respective bodies to which they be-
long This tribunal shall be under the presidentship
| Of the Minister of Justice.
| ART. 90 Appeals for incompetence, or excess of
power, against the DEGREES Of the Court of Accounts
shall be carried before the above tribunal Of conctive
Arr 81 "A high court Of Justice shall decide,
without appeal OF demur or annulmsnt, eli accuse,
tons made by the National Assembly against the
President Of the republic or his ministers 1t shall
ewise in the same way try all cases Of persons ac
cured of crimes, attempts, plots against the internal
and external safety Of the State which the Assembly
may have rent before it for trial Except the case
Their unless by decree Of the National Assembly, which
shall also designate the city in which the court shall
ART. s2-1he high Court ahall be composed of Ave
judges and of thirty six jurymen. Every year. in the
rst days Of the month Of November the Court of Cas-
saton shall appoint from among its members by secret
ballot and an absolute majority the judges and assist
ant judges of the high Court The FIVE judges who win
sit regularly, will themselves select their President
The magistrates performing the functions of the pub
lie ministry shall be designated by the President of
President or bis Ministers, by the National Assembly
the jury to the number of thirty six and four supple
General Councils of the
senaves Of the people shall not be able to compose
| aBy part Of these juries
shall have ordered the formation Of the High Court of
Justice as also in the cases provided for in the esth
of the Judges the President Of the Court of Appeal
and in default Of that court the president of the tr
draw lots in public assembly the name Of member
Of the General Council.
Arr e4.-on the day Indicated BY the Judgment, if
there are less than sixty urymen present. the number
shall be filed up BY supplementary jurymen drawn by
lot by the President Of the High Court Of Justice from
among the names Of the members of the Council Gene
sitting.
Arr 95-Those jurymen who shall not have given An
adequate excuse. shall be condemned to fine of not
less than one thousand francs and not more than ten
thousand besides suffering the deprivation of their
political rights for i've years at the utmost.
ART CO. Both the accused and the public accuser
shall have the right to challenge, in ordinary cases.
accused guilty cannot be rendered except by : ma
jority Of two. thirds Of ell the jurymen.
ART oS- In oil cases Of ministerial responsibility
the National Assembly may according to the circum-
stances; send the accused minister to be tried either
before the High Court Of Justice by the ordinary
Arr. 99-The National Assembly and the President
Of the Republic may ut all events, transmit the
animation of the acts Of any minister Except of the
President himse to the Counsel Of State the report
Of whom in the premises, shall be made public.
ART. 100.-The President Of the Republic can only
be brought to trial before the High Court of Justice
Except Is provided for by art 49, he cannot be tried
unless upon accusation made by the National Assem-
lily for crimes and misdemeanors, which shall be de-
| tefmined by law.
| CHAPTER 9rH-oF THE PUBLIC FORCES.
ART. 10l.-The public force 10 instituted for the
purpose of the State against enemies from
without and at the same time made SO secure inter
the laws It is composed Of thc National Guard and
| Of the army BY sea and by land.
LAT. AT !oa-EvsIy Frsnchnan !: bound to serve as
In cases Of exception provided by law, The privilege
for every citizen to berate himself from the necessity
Of personal military service, shall be regulated by the
ART. 1o3.-The organization Of the National Guard
and the constitution Of the army shall be regulated
Arr. 1o4.-Ths public force is ssentiay obedient
No armed force can con sttute deberative body.
ART 105.--The public force employed to maintain
interior order car only act upon the requon of the
constituted authorities, according to the regulations
| prescribed by the legislative power.
Arr LOG "A law shall determine those CAGES in
which the state Of siege shall be declared and shall
regulate the forms and determine the effects of such
measure.
Arr 1o7.-No foreign troops can be introduced into
the French territory without the previous consent of
the National Assembly.
CHAPTER l0--srrcrAL ARRAsoFMrSrs
ART, l0S Whenever, in the last year of legsla-
ture any National Assembly shall have expressed the
wish that the constitution should be modified, in
whole or in part this revision shall be- entered upon
In the following manner The wish expressed by the
Assembly shall not be converted into a deantve
solution, except after three successive deliberations
held upon the subject at the interval of month
between each elaboration and the shall only
be carried by vote of three fourths Of the Assembly
The number of votes in favor of this revision must
be SEQ at least. The Assembly for revision shall
only be appointed for three months. 1t shall only
engage In the special revision for which it has
assmbled yet, in cases Of emergency it may provide
| for legislative n. cessities.
Arr lll.-The National Assembly eonades the de-
posie Of the prsent constitution of the rights
scented by H. to the keeping and the patriotism Of
| every Frehchmsn.
| oBArrsn 12-rRANsIroNY ARRANGEMENTS
ART. 1l2The provisions Of the codes laws an regu-
Iaions now In force and whchare not contrary the
present constitution, shall remain in force until other.
wise provided by Law.
| ART. 113-Al the authorities constituted by the
present laws shall continue in the exercise of their