The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-01


the National Assembly The judges of the high court OF
justice shall Immediately assemble, on pain OF forfeiture
OF their Offices They shall call together jury some
place TO be by them designated in order 10 proceed TO
trial aud judgment, upon the President and his
plices and they shall themselves appoint magistrate TO
be charged with the functions OF public minister law
hereafter 10 be passed shall decide the other OF
sponsitiy, as well as the ioras and conditions OF the
prosecution OF them.
Art. 60 The ministers shall have admission into the
midst of the National Assembly, and shall be heard
whatsoever they require it. They may also obtain the
assistance OF clerks, who shall have been appointed by
decree of the President of the republic
Art. 10. There shall be Vice President of the epub
lie, 10 be appointed by the National Assembly, out of
list of three candidates presented by the President within
the month succeeding his election The Vice President
shall not be appointed from among The relations or kim
dred of the President TO The sixth degree inclusive In
any OF the prevention OF the President the Vice
President shall take his place for the time The Vice
President. Ii the presidency shall become by the
death Of the President, his dismissal from Office from
other causes election Tor President shall be had
within month
CHAPTER Cor THE COUNCIL or STATE.
Art H. There shall be Council of State of which
the Vice President OF the republic shall OF RICH, be the
Art 7s. The members Of this cosnc,l shall be appoint
ed each for six months BY the National Assembly. The
half of this council shall be renewed in the two first
months of each new Legislature, by secret ballot and by
gibe.
Art 49, Such of the members of the Council of State
who shall have been appointed from among members of
the Assembly shall be Immediately replaced represent
atives OF the people.
Art a. The members of the Council of State shall not
be liable to be dismissed from their office, except by the
National Assembly, at the suggestion OF the President.
Art. IS. The Council of Stale shall be consulted upon
all bills OF laws to be presented by the government,
which, according to law must be presented for their
previous examinations and they shall also advise upon
parliamentary bills which the Assembly may send to
them for their examination. The Council Of State shall
prepae the rules Of public administration and shall alone,
Ill Vt.IA TN ia
which the National Assembly shall give to it special
command 1t shall exercise ovef the public administra-
tons all the powers OF control and OF superntendence
which shall hereafter be conferred upon it by law The
law will determine the other powers and duties OF the
council.
CHAPTER Tor THE INTERIOR ADMINISTRATIONS.
Art TO- The division OF the territory into departments,
ACCOMPLISHMENTS, districts, and communes shall be main
tanned Their present limits shall not be changed except
by law.
Art IT, There shall be, 1st In each department an
and council of prefecture "a In each reimbursement
sub project 3D. In each district, district council;
nevertheless, only single district council shall be esab
lished in city which is divided into several districts.
4h In each commune, an administration, composed of
a mayor, his assistants, and municipal council.
Art IS A law, to be passed hereafter. shall fix the
compost and duties OF the general councils, the dis
tric councils, and the municipal councils, well as,
so the manner OF appointing the mayors and their as
sstants.
ellis shall be elected BY the direct vote OF all citizens iv
ing in the department the district each district shall
elect one member of the general council; special law
shall regulate the forms of election in the department OF
the Sene also in the city of Paris, well as, ALSO in
all cities containing population OF over twenty thousand
souls.
Art So The councils general the district councils, 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 dissolution.
CHAPTER s.--oF THE JUDICIARY POWER.
of the French people Their proceedings shall be pub,
lic except in where publicity may be derimen tai
either to the public order the public morals in which
the court shall declare the same by formal judg-
ment.
Att 81 Trial by jury shall be continued in criminal
cases.
Art So The decision upon all political offences, and
upon all offences committed by means OF the press or by
ay other mode of publication, shall belong exclusively
to The Jury. Tbs organic laws shall determine the trlbu
nal and powers in relation 10 offences OF insult and defa-
nation against private persons.
OF damages claimed on account OF alleged offences by the
press.
Art S. The Justices of peace and their assistants,
judges of the first instance, and judges of appeals, mem
bers OF the court OF cassaon cou of accounts, shall be
appointed BY the President of the republic according to
system of candldateshp or conditions hereafter to be
regulated by law.
Art Sc The magistrates shall be appointed by the
Pres dent of the republic.
Art ST. The Judges of the first instance and OF appeal
and the members OF the court of cessation, shall be ap
pointed for life They shall not be dismissed or suspend
ed except after formal judgment rendered against them,
nor pensioned off except for and according TO
procedures appointed by law.
Art IS The councils of and OF revision OF the arm
by and by land, the tribunals of commerce. the
prthommes, and other special tribunals, shall retain their
present organization, and their present functions until
the law shall decide otherwise.
Art. So Conflicts of jurisdiction between courts shall
be regulated By special tribunal composed of members
of the court of cessation and of counseors Of State to
be designated every three years, equal number by the
respective bodies to which they belong This tribunal
shall be under the presidentshp OF the minister OF justice
Art 90. Appeals for incompetence or excess OF power,
against the DEGREES OF the court of accounts shall be car
red before the above tribunal OF cOnctive jurisdiction.
Art 81. high court of justice shall decide, without
appeal demur, annument, all accusations made by
the National Assembly against the President OF the
public his ministers. 1t shall likewise in the
way try all of persons accused of crimes, attempts
plots against the internal and external safety of the
State which the Assembly may have sent before it for
trial Except the provided for in article 6s it shall
be called together unless by decree of the National
Assembly, which shall also designate the city IN which
the court shall hold its sings.
Art. o. The high court shall be composed OF five
judges, and of hirty-six jurymen Every year, IN the
first days OF the month of November, the court OF Cas-
ballot and absolute majority the Judges and assistant
judges OF the high court The five Judges, who will SIT
regularly, will themselves select their President The
magistrates performing the functions OF the public Minis
try, shall be designated by the President of The republic
and the of the accusation OF the President his
number of thirty SIX and four supplementary ones, shall
be taken among the members of the general councils
of the departments Representatives, OF the people shall
not be able to compose any part OF these juries
Art o. When a decree of the National Assembly shall
have ordered the formation of the high OF Justice,
III E.. IL. Al.