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241. The functions of commissary of executive power, and of register to the jury of accusation, are discharged by the commissary, and the register of the correctional tribunal,

242. Each director of a jury of accusation has the immediate superintendance of all the officers of police of bis district. .

243. The director of the jury prosecutes immediately, as officer of police, upon the denunciations made to him by the public accuser, either officially, or by order of the executive directory:- -1. Offences against the liberty or individual security of citizens.-2. Those committed against the right of persons. -3. Resistance to the execution of judgments and of all executive acts issuing from the constituted authorities.-4. Troubles occasioned, and acts of violence committed, to im. pede the collection of contributions, the free circulation of provisions, and other objects of com

merce.

244. There is a criminal tribunal for each department.

245. The criminal tribunal is composed of a president, a public accuser, four judges, taken from among those of the civil tribunal, the commissary of the executive power of the same tribunal, or his substitute, and a register. There are in the criminal tribunal of the department of the Seine, a vice. president, and a substitute of the public accuser; this tribunal is divided into two sections: eight members of the civil tribunal exercise in it the functions of judges.

246. The presidents of sections of the civil tribunals cannot dis

charge the functions of judges in the criminal tribunal.

247. The other judges do their duty in it, each in turn, for six months, in the order of their nomination, and cannot during that period exercise any function in the civil tribunal.

248. The public accuser is charged:1. With prosecuting of. fences or acts of accusation admit ted by the first juries.-2. With transmitting to the officers of police denunciations addressed to him directly.-3. With superintending the officers of police of the department,› and acting against them according to the law, in case of negligence or more grave offences.

249. The commissary of the exe cutive power is charged:-1, With requiring, in the course of process, the regularity of forms, and, before judgment, the application of the law. 2. With following up the execution of judgments passed by

the tribunal.

250. The judges cannot propose any complex question to the jury.

251. The jury to try, consists of twelve jurors at least; the person accused may challenge, without assigning any reason, a number determined by the law.

252. The process before the jury to try is public, and persons ac cused cannot be refused the aid of counsel, whom they may choose, or who are nominated officially.

253. No person acquitted by a legal jury, can be apprehended or accused again upon account of the same fact.

Of the Tribunal of Annulment.

254. There is for the whole republic, one tribunal of annulment;

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it pronounces:-1. On demands of annuiment against decisions in the Fast resort given by the tribunals.-2. On demands of reference from one tribunal to another, on grounds of lawful suspicion, or public security.-3. On the regulations of the judges, and exceptions taken to a whole tribunal.

255. The tribunal of annulment can never investigate the merits of The case, but it annuls sentences passed on trials, in which the form have been violated, or which have been attended with any deviation from the express terms of the law, and refers the merits of the process to the tribunal which ought to take cognizance of them.

256. When, after one annulment, the second judgment on the merits is attacked by the same means as the first, the question can be no longer agitated in the tribu nal of annulment without having been submitted to the legislative body, which passes a law to which the tribunal of annulment is bound to conform.

257. Every year the tribunal of annulment is bound to send to each of the sections of the legislative body a deputation, to present to it a statement of the sentences passed, with a notice on the margin, and the text of the law, which determined the sentence.

258. The number of the judges of the tribunal of annulment can. not exceed two-thirds of the number of departments.

259. One fifth of this tribunal is renewed every year. The elec toral assemblies of departments nominate successively and alternately the judges who are to succeed those who go out of the tribunal of an

nulment. The judges of this this bunal may be always re-elected.

260. Each judge of the tribunal of annulment has a supplean, elected by the same electoral assembly.

261. There are with the tribunal of annulment a commissary, and substitutes, nominated and removes able by the executive directory.

262. The executive directory de. nounces to the tribunal of annulment, through the national com. missary, and without prejudice to the right of parties interested, the acts by which the judges have ex. ceeded their power.

263. The tribunal annule these acts; and if they afford a ground of crimination, the act is denounced to the legislative body, who pass a decree of accusation, after having heard or cited the parties under charge.

964. The legislative body cannot annul the judgments of the tribunal of amendment, but may prosecute, personally, the judges who have incurred prosecution.

High Court of Justice.

265. There is a high court of justice to try accusations admitted by the legislative body, either against its own members, or those of the executive directory.

266. The high court of justice is composed of five judges, and two national accusers, taken from the tribunal of annulment, and of high jurors, nominated by the elec toral assemblies of departments.

267. The high court of justice is not formed till after a proclamation of the legislative body, drawn up and published by the council of five hundred.

268. It is formed and holds its

sittings

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sittings in the place appointed by the proclamation of the council of five hundred. This place cannot be nearer than twelve myriameters to that where the legislative body resides.

269. When the legislative body has proclaimed the formation of the high court of justice, the tribunal of annulment draws by lot fifteen of its members in a public sitting; it afterwards, in the same sitting, nominates five of these fif. teen by a secret ballot; the five judges thus nominated are the judges of the high court of justice; they choose among them a presi.

dent.

270. The tribunal of annulment nominates, in the same sitting, by ballot, with the absolute majority, two of its members to exercise, in the high court of justice, the func tions of national accusers.

271. The acts of accusation are prepared and drawn up by the council of five hundred.

272. The electoral assemblies of each department nominate every year a juror for the high court of justice.

273. The executive directory causes to be printed and published, a month after the date of the election, a list of the jurors nominated for the high court of justice. Title IX.-Of the Public Force. 274. The public force is insti tuted to defend the state against enemies abroad, and to secure at home the maintenance of order, and the execution of the laws.

275. The public force is essentially obedient; no armed body can, deliberate.

276. It is divided into national guard sedetsary, and national guard in activity.

VOL. XXXVII.

Of the National Guard, Sedentary.

277. The national guard, sedentary, is composed of all the citizens, and sons of citizens, capable of bearing arms.

278. Its organization and discipline are the same for all the republic; they are determined by the law.

279. No Frenchman can exercise the rights of a citizen, if he is not inscribed on the roll of the national guard sedentary.

280. The distinction of ranks and subordination, subsist only with relation to the service, and for the period of its duration.

281. The officers of the national guard sedentary are chosen for a time by the citizens who compose it, and cannot be re-elected till after an interval.

282. The command of the national guard of a whole department cannot be habitually entrusted to one citizen.

283. If it be judged necessary to assemble all the national guard of a department, the executive directory may nominate a temporary com mandant.

284. The command of the national guard sedentary in cities of an hundred thousand souls and upwards, cannot be habitually entrusted to one man,

Of the National Guard in Activity.

285. The republic maintains in its pay, even in time of peace, under the name of national guards in activity, an army by land and sea.

286. The army is formed by vountary enrolment, and in case of necessity, by the mode which the law determines.

287. No foreigner, who has not acquired.the rights of French ei tizen, can be admitted into the H French

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French armies, unless he has made one or more campaigns for the establishment of the republic.

288. The commanders in chief, land and sea, are only nominated in case of war; they receive commissions revokeable at pleasure from the executive power. The duration of these commissions is limited to one campaign, but they may be

renewed.

289. The general command of the armies of the republic cannot be confined to a single man.

290. The army by land and sea is subject to particular laws, with respect to its discipline, the form of sentences, and the nature of punishments.

291. No part of the national guard sedentary, or of the national guard in activity, can act for the service of the interior of the republic, except on the requisition, in writing, of the civil authority, ac. cording to forms prescribed by law.

292. The public force cannot be called out by the civil authorities, except in the extent of their juris

diction. It cannot be removed from one canton to another, without being authorized by the adminis. tration of department, or from one department to another, without the orders of the executive directory.

293. The legislative body never. theless, determines the means of sccuring by the public force the execution of sentences, and the prosccution of accused persons, throughout all the French territory.

294. In case of imminent danger, the municipal administration of one canton may call out the national guard of the neighbouring cantons; in that case the adminis tration which has so called out, and the chiefs of the national guard called out, are equally bound

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297. There are, in different parts of the republic, schools superior to the primary schools, and to such a number, that there shall be at least one for every two departments.

298. There is for the whole republic, a national institution charged to collect discoveries, and to improve the arts and sciences.

299. The different establishments with respect to each other, any of public instruction have not, connexion of subordination, or administrative correspondence.

300. Citizens have a right to form particular establishments of education and instruction, as well as free societies, to promote the Progress of the sciences, of letters,

and of arts.

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305. The inscription mentioned in the preceding article cannot be made but during the month of Messidor every year.

306. Contributions of every description are assessed upon those who contribute in proportion to their means.

307. The executive directory arders and superintends the receipt and the paying in of contributions, and gives all the necessary orders for that purpose.

308. The detailed account of the expences of ministers, signed and certified by them, are made public at the commencement of each year. The same shall be done with all the statements of the receipt of different contributions, and of all the public revenues.

309. The statement of these expences and receipts are distinguished according to their nature; they express the sums received and expended, year by year, in each part of the general administration.

310. There are also published, accounts of the expences particular to the departments, and relative

to the tribunals, to the administrations, to the promotion of the sciences, and to all public works and establishments.

311. The administrations of department, and the municipalities, cannot make any assessment be yond the sums fixed by the legis. lative body, nor discuss, nor per. mit, without being authorized by it, any local loan at the charge of the citizens of the department, of the commune or of the canton.

312. To the legislative body alone belongs the right of regu lating the coining, and issuing of all kinds of money, fixing the value, the weight, and the impression.

313. The directory superintends the coining of money, and nominates the officers charged imme. diately with the inspection of it.

314. The legislative body de. termines the contributions of the colonies, and their commercial connexions with the mother country.

National Treasury and Account.

315. There are five commissaries of the national treasury chosen by the council of elders from a treble list presented by that of five hundred.

316. The duration of their functions is for five years, and one of them is renewed every year, and may be re-elected indefinitely with out interval.

317. The commissaries of the treasury are charged to superintend the receipt of all the national money. To order the movements of funds, and the payment of all public expences consented to by the legislative body. To keep an open account of receipt and expence with the receiver of direct contributions for each department; with the different national boards,

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