New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-07-10

tons of Council ol Prefecture ri m each Arruudisss
meat sub Project 81. in each Canton. Council con
-istnr ~ the Mayors OF al the Communcs OF the
Canton fth, in each Commune a. ADMINISTRATION con
sistng Of Mayor Of Deputy Mayors, and Municipal
Council
=. The Municipal Council chooses the Mayor and
Deputies from among ia members.
= lsW vii define the powers Of the General
Communal and Municipal Councils
- The General and Municipal Councils arc elected
by the direct suffrage Of al the citizens domicied in
the department OF the Commune. special law VIII
egulse the mode OF election in the City OF Paris and
n towns OF one hundred thousand souls
Sd The General and Municipal Councils may be dis
solved BY the President of the Republic. the
mendaton of the Council OF state.
CHAPTER NI.-Qf C0ur's Of Justice.
Asr i. Justice IS rendered in the name OF the
Veople Il Is guaranteed. Trials public unless pub
betty be dangerous to order ana morals The forms OF
Procedure shall be abridged and simplihed.
=. The Jury shall continue 20 be employed IN Grim
nal matters.
q Il shall be extended 70 Correctional and Civil
matters IN the and according to the forms defined
by the law
= The judges de Pdx and their substitutes are
elected the cheeu Of the Canton by the direct sui
irage OF al the citizens domiciled IN the Canton.
=. The Judges OF First Instance and OF Appeals are
nominated by the President OF the Republic according
% an order Of csudidaeship 70 be regulated by the
Law Of Judicial Organization.
III. The Judges OF the Court Of Cessation are nomi
mated by the National Assembly.
-. The Lawoffcers Of the Republic are nominated
by the President
-. The Judges OF First Instance Of Appeal and of
Cessation are nominated for life. They may however
De dismissed suspended by judgment for the causes
and in the forms set forth In the laws The Law Of
Judicial Organization viii fix the age At which the
judges may be permitted % retire.
- The Military and Naval Courts Martial, the Tn
bunsls OF Commerce. the Prudhommes and other
special Tribunals maintain their present powers until
10 shall be otherwise decided by law.
40. In each Department an Administrative Tribunal
shall be charged 20 decide the disputed affairs Of the
Administration. The members OF this Tribunal shall
De nominated by the President OF the Republic, from
list of candidates presented by the General Council OF
the Department
o. There is Tor an France a Superior Administrative
Tribunal which shall decide on al disputed Affairs OF
the Administration and of which the composition the
power. and the forms shall be- regulated by the lsw
The members of the Administrative Tribunal are nomi
mated by the President OF the Republic from let oil
presentations drawnup by the Council Of state They
only DEE dismis-ed by the President OF the Republic
the Resolution of the Council Of STATE.
D. The Members Of the Court Of Accounts shall be-
nominated and dismissed in the same way.
q3. Conflicts of power between the Administrative an
thority and the Judicial authority shall be decided by
special Tribunal Of Judges of the Court OF Cessation
snd OF Councillors Of state, nominated every three
years In equal numbers hy their respective corps-
This tribunal shall be presided over by the Minister OF
Justice.
o. Appeal. against the decisions of the Court OF Ac
rounts shall be carried before the Jurisdiction ON
Conflicts.
p5. A High Court OF Justice Judges without appeal
or resort cassatou the accusations made by the Ma
tional Assembly. either against it, own members or
against the President 0f the Republic or his ministers.
if also Judges all persons accused OF crimes attempts
ur plots against the interior exterior safety of the
state Il can only take mp the by virtue 0i de-
cree Of the National Assembly designating The town IN
which the Court shall hold rs sittings
q6 The High Court l. composed of Judges and Ju'
ries. The Judges hvc in number, are nominated by
ballot by the Court OF Cessation and from among is
members. They choose their own President The
magistrates di-charging the duties of Public Prosecu
tors are named by the President Of the Republic, and in
the Of the accusation Of the President by the Ma
tional Assembly.
Q7. When decree Of the Legislative Assembly has
ordered the formation 81 the High Court of Justice the
President Of the Tribunal sitting st the chcieu OF each
Department draws by lot in public audience, the name
Of a member of the General Council.
~ On the day indicated for the judgment II there be-
fewer than sixty urymen present that number shall be
completed by supplementary iurymcn, drawn by lot by
the President OF the High Court, among the members
of the General Council OF the Department IN whch the
Court may sit
90. The Juryman who may not have assigned any
valid excuse shall be- condemned to six months impris
onment At least and tine of from jOOOir 10 6OO0r.
100 The accused and the public prosecutors may eX
ercse the right OF Challenge as in ordinary matters,
out in such way always 20 leave the jury OF Judg
ment composed OF u jurymen.
iOl The declaration of the Jury, 10 the effect that
the accused Is Guilty only be given by the major
ify of two-thirds of the votes.
IO2 IN all cases of the responsibility OF Ministers
bly, may according to the circumstances send the ac.
crised functi0nsry either before the High Court Of
Justice before the ordinary tribunals, or before the
Council of state.
lO3 The Council of State can only pronounce the
penalty Of Introduction from public functions for pc
Rod not exceeding i've years
IOl Every Decree Of the Council of state nhictng
this penalty must be rendered by at least twothrds Of
the suifrages.
los The Trials to take place in public sttings.
lO6 The National Assembly and the President Of the
Republic may, in any case, cause the acts OF every
lunctionary other than OF the President OF the Repub-
c 10 be before the Council Of state, whose report
IS rendered public.
lO7. The President Of the Republic is only liable to
the High Court OF Justice, on the accusation OF the
National Assembly, for crimes and offences provided
for by the law.
CHAPTER VH.-Of Public Force.
Arr lO- The Public Force i constituted 10 defend
the state against enemies abroad, and 70 assure the
maintenance of order and the execution OF the laws in
the interior 10 Is composed OF the National Guard and
OF the Army ana the Navy.
100 Every Frcnchnan exclusive Of the exceptions
fixed by the laws, military service, and that OF
the National Guard IN person. Substitutes are inter
dicted
no. The National Guard is composed OF all the cit
zen able % bear arms who do not form part OF the Ac
tive Army They subjected, in this quality to an
organization defined by the law and OF which Direct
and Universal suffrage shall be the basis.
Ill Peculiar laws regulate the mode Of enrolment In
the Army and Navy the duration Of the service the dis
cipne the form OF Judgments and the nature Oh punish
ments.
Il2 The Public Force il essentially obedent No
armed corps can deliberate.
ll3 The public force, employed 10 maintain order IN
the interior only the requsitiOn Of the cOnsutu
tuted authorities, according % the regulations defined
by the legislative power
ia 40 foreign troops can be introduced Ia the
French territory without the previous consent OF the
National Assembly.
CHATTER Nlll.-Gudr0Afes ~ Rights.
Art. MS. The Penalty Of Death is abolished IN poll
teal matters
no The Conhseaiion Of Property can never be re.
established
lI7 slavery cannot exist French grgund.
liz The Press cannot IN any case be subjected 10
Censorship.
mol Am Citizens have the Liberty OF Printing OF
causing 10 printed observing the conditions imposed
bv the guarantees due % public and private rights
I'D The cognizauce Of the offences committed by the
Press or any other mode ot publication, belongs excu
syely 10 the jury.
l2i The Jury alone decides on the damages claimed
Tor offences by the Press.
IL All political offences come under the exclusive
cOgnizance of the Jury.
IA Every one freely exercises his Religion and re
ceive. from the state equal protection The Ministers
Of Religion recognized BY the law, have alone ught
10 receive salary from the state.
1914 Freedom Of Instruction i exercised under the
guaranty OF the laws and the surveillance OF the STATE
That surveillance extends itself ~ al educational estab-
lshments without exception
- artFv 81 L. a