mmses i iforeign Jnteliigence* NEW CONSTITUTION The French Republic. FROM AN OFFICIAL COPT. CHAPTER 1. Art. 1. The French Republic it one and (ridivifible. Its European territory is distributed into departments and communal diflriAs. a. Every man born and resident in France and of the age of 21 years, who has infeti bed his name in th- c vie of his com munal diftrift, and afterwards remained a year on the territory of the French Repub lic, is a French citizen., 2. A foreigner becomes a French citizen who after having attained the age of 21 years, a d declared his intention of fixing hit refideocs in Fr«ice, and has relided there for 10 successive yeais. 4. The title of French Citizen is for feited-^ By naturalization in a foreign country. By accepting any ofeee or pension from a foreign government. By affilation with anyfor«gn corporation which fappofes diftindioni of birth. By condemnation to corporal or infamous pnniflinacnts. 5. The excrcife of the rights "of a French eitizen is suspended by a bankruptcy, or br a total or par ial succession to the pro perty of an infilvcnt. By a llatr of hired servitude, either at tached to the fervicc of the perfuu or the family. By a (late of judicial interdi&ion, aecu fation, or contumacy 6. In order to exerrife the rights of ci-- tizrnfhip they mud have been acquired by being domiciliated by a year's residenCe, and not forfeited ley a year's absence. 7- The citizens of every communal dif tficr shall appoint by their fuffrages, those whom they think most worthy of cofldu£- -ing th<i public affairs. There shall be a lift of confidence, containing a number of names tqual to a tenth of the number of citizens pofleffing the right of fuffrage. From firft communal lift the public funaionaries W h e n the tribunate adjourn it may of <Mna« fall be taken. appoint a c.mmittcc from ten to fifteen „ le r U Z f nS c(,m P rl "f, in , r the co ™' memStw, charged to convoke it, if it Hull munallilts ot a department (hall alio appoint deemed nrcefiary ate-.th of their jomber. Theft shall con- , s . The l cg ifl. iti C e body ft,,11 be camuo ftitutea second lift called the department fed of 300 members, of 30 years of a-,e at lift, from which the public funftion.ne. of lhe ] eaft ._ {hey all bc fcJ ' le , ved t, fifths each department flia.l be taken. every year. . There ought always to be one 9 ' ,\.I ?*,?",! '" c,u ? ed ""he depart- citizen, at least, of each department of the mental liu mall alio appoint a tenth of their republic present. number ; this 3d lift fall consist of the citi- j V 2. A member who goes out of the legif ziens of earl, department, eligible to public lative body cannot re-enter till after the in national funftiooa. terval of a year—but be may be iminrdiatt -10. The citizens who frail have a right j Iy defied to ar.v otfier public function, in of co operating in the formation of any of | eluding that of tribune, provided he is in the lifts mentioned in the three preceding other refpefls eligible. articles, fall eve y third year be called up- j 33. The fitting of the legislative body on to exercise tne power of replacing those ! Ihall can-.uienct.cvery year 011 the firft Fri whu Ihall have died, or ablented themselves , nuive, and Ihull continue only four months for any other cause than the exercise of a ; —it luaybe extraordinarily convoked during public futiftion. J the other eight bv the government. n. They may also withdraw from the j 34. The legislative body euadls the laws lifts those whom they Ihall not judge pro- i by determining by secret scrutiny, and with per to continue, and replace them by other ; out any difcuftion o.i the part of its members citizen* m whom they may have greater j upon the plans of the la* debuted before it, confidence. ■ by the orators ef the tribunate and the go -11. No one (hall be erased from the lifts, I vtriunefit, otherwise than by the »otet of the dccifivc majority of the citizens, having the tight of co-operating in their f rmat.on J3 No one (hall be erafcd from the lift of tho'e eligible to public functions merely because his name may hare been (truck out of a lift of an infsrior or superior Hegrej* 14. The appointment to the lift of eli gibles is only neccffary with regard to pnb lie fun&ions, for which that condition is expressly required by the conftitut'on orby the law. All the lifts of the eligibles (hall he formed in the einrfe of the oth year. CHAPTER 2. IJ. The cor.fervatory fenatt (hall be com posed of 80 mim'ers, of 40 years of age at Itaft, to be irremovable during life. For the formation of the senate, there shall be nominated in the firft instance, 60 members—this number (hall be inereafed to 62 in the course of the Bth year, to 64 in 39- he government is entrusted to three the 9th year, and shall be gradually encrea- con^u ' s appointed fasten years, and indefi fed to 80 by the addition of two members in mtc 'Y re-eligible. Each oi th m is to be each of tjic ten firft years. elected individually with the diftinft quality 16. The nomination to the office of fe- */ e k' c f> fecemd, or third consul.—The firft Date (hall be by the senate, who (hall make t ' ie consul (hall only be named choice out of these candidates presented to br " vr " ca,s ' them : the firft by the legislative body, the thc P^"" 14 tlma g en - Buonaparte is second by the tribonate, and the third by a PP°' nta l chief consul : Citizen Cambaferes, the chief consul. " ow minister of Justice, second cenfyl; a.id 17. The chief consul upon quitting bis c ' tucn Labrutl > member of the committee office, either by the expiration of his func- ancients, th rd consul. tions, or by refignatio*, necessarily, and a» 4C " *,' ie c '(! s ' con,L '' ,' iis partietilar func a matter of right, becomes a senator. uons and attributes, which, when he is ex- The two other Confuks, during 'he month ercll,n ?'. he ma y bc temporal illy supplied by which follows the expiration of their func °" e C ° . tions, may take their feats in the senate, 4 *' Me c consul is to promulgate the but are not obliged to cxercife that privi- , 8 ' ' s t0 Bame aIK * J* ev «ke at plealure j I C g C . r the members of the council of fiatc ; the J They lose it altogether, if they quit their ' !l ' ni " o, ' s > ambaffado'TSj and other principal ■onfular funftios by resignations. loreign agents, the officers of the army by 18. A senator is always ineligible to any ■ * mtmbe,s ol ,ocal adrainif other public funflion. .tration and the coir.mijuoners of thc g0.9. .9. All the lifts made in the departments .»* d * He is to ap by virtue of the 9th article, shall be addref- P Ol ? 1 , J ud S es criminal and civil, as well fed to the senate. They shall compose the V J 11 "' 0 " °' pracc ' al,d thc j" d S« of rational lift. tlon ' w,ttlou l the power of afterwards re ao. From this lift shall be elefted the le- ! V pflators, the tribunes, the confnls, theiad-l , 4 ?.' , ot »fr *£Uof the government, ( gts of cafTation, and the Con.miffairti a la ! the / econd aiKi third confnls are to h a ,e a , Rcjpunfibihte. | confumative voice ; they are to f.gn the r.> zi. They shall confirm or annul every aft ® f the a ? 8 ' or , de ' t0 r " an^rt th « referred to them as unconditional by their, they wtre F™ ftßt j aad * please, they tribunate, or the government ; the lifts of i T Y " Bnte r j &» thclr f °?»»°"* > after which the eligibles shall be included among theft fj, J, tW " tnf th,ci consul fca " 22. Tiie revenues of national domains, the terms of which are expired, ftiall b» li able to the expences of the fenatd.. The annual salary of each of its menders (hall be paid out of thsfe revenues It (hall be equal to a Joth of that of the chief consul. 24. The fittings of the senate are tlot public. 24- Citizen Sieycs aiid Roger Dwcos, the two confute who are to go out of office, (hall be nominated members of the conserv atory senate ; they (hall unite with the fe coniJ and third confu s nominated by the present one. These four citizens (lull ap point the majority of the senate, which (hall afterwards complete itfelf, and rroceed to the ele&ion* cntrufted to its direction. CHAPTER 111, Of the Legislative Pavtr, 25. No new law (hall be promulgated, un less the piriii 111 ill have been piopoi'ed by the government, corifmuiiicated to the tribunate and deCieed by the Legillative Body. 26. The plans which' the government may propose (hall "bedrawn lip under difiVr ent heads. In every cafe in which fuel) plans (hall be difcufled, the government may with draw them, and pccfent them again ill a modified (late. 27. ihe tribunate is to be composed of HO members of 26 years of age at leatl j they fhutl be renewed by fifths every year, and infinitely iv-c!igible while thejr remain upon the national lift 1 . 28-. The tribunate (Hall discuss thi plans of every law that may be proofed ; it 'hull vote far the adoption er. rejection of them. It ilia 11 fend three orators taken lYom its body, by whom the motivts of its votes with refpe<fl to each of the plans, fiwll be dated aad fupportcd hefbre the legiilative body. It ffiall refer to the but for the cause of inconftitOtionality only, the lift of the the a<fts of the legislative body and thole of the government. 29. It ffiall express its opinion as to the laws mare or t» be made, the abuies to be corrected, the ameliorations to be attempt ed, in every part of the public administra tions, but never relative to the civil or cri minal aSriirs reL-m d to the 'tribunals. The opinions it Uull give, by virtue of the prelent article, aie to be followed by no necelfary coufequences ; they compel no con flicted -authority to com.- to any delibera tion. 35. 1 he fittings of the tribunate and of the legislative body, shall be public—the number of ftratigers in either of them not to exceed 200. 36. The annual salary of a tribune (hall be 15 ,000 francs, that of a legiflativc 10,000 francs. 37. Every decree of the legislative body, IhaH the 10th day after it: be made, be pro mulgated by the chief consul, unless in the mean time it is referred to the senate, oh the ground of inconftitmionality. Such re ference canpot be made with regard to laws that have been promulgated. 38. The firft renewal of the legislative body and of the tribunato (hall not take place till the 10th year. CHAPTER IV. Of the Government, 45- The falary'df the chief coniut fiwtl be 500,000 francs* for the Bth year. The salary of the other two eonfuls fliall be equal to three ,4euth< of that of the (irfL 44. I'he government is to propose th - laws, and to make the Heceffary regulation toenfure their fcxecution. 45* The government is to direct the re ceipts and expeiices of the Hate; conforma ble to the annual law, which determines the amount of each ; it fhali superintend the coinage of money, of which the law alone fhalj order the iltue, fix the value, the weight, aitd the impieiTion. 46; When the governm nt is informed of any conspiracies agaiuli the Ptate-, it may is sue order? to arrelt v.nd briii(»" brforb them the perlons who are as authors or accomplices ; but if within ten days afte fuel, arreii, they are not let at liberty or brought to trial, it fhaK be confident, on the part of th v * inimfter Ugning the order a* an ail of arbitrary detention. 47. The government is to superintend the internal fafety and external defence of the ftvite j it. is to diftributc the forces by sea and land, and regulate the dire&ivu of them. 48. The national guard on duty 1$ {ob ject to the regulations of the public adm'wuf tration. The national guard uot on duty is only fuhject to the law« 49. The government is to tnanagfi poli tical relations abroad, to conduit negocia tion, to make preliminary stipulations, to lign and conclude all treaties of peace, alli ances, truce, neutrality, commerce, and o- ther conventions, 50. D ciarations of war aird treaties of peace ; alliance, and commerce, are to be propoled, difcufled, decreed, and promulgated in the fame manner as laws. Only the difcuflions and deliberations re lative tp tltele objects, as well in the tribu nate as in the legislative body, are to be in a secret committee, if the government de- fires it, 51. The fee ret article of a treaty cannot be deftru&iv'e of the public articles. 52. Un. ! er the dire&ion of the confute, the council us {Vat e is charged with the draw ing tip wf the plans of the 1 ws and the re gulations of the public administration, and to refolvc fucli difficulties as may occgr in all administrative patters. 53. It is from among the members of the council cr ft ate that the orators are to be felefted. who fliall be appointed to appear in the naiiis .of the government before the lt- body.-—There are never to be any more than three, of these orators sent to Al port the fame plan of a law. 54. The niciftersare to procure the exe cution of the laws, and the regulations of the public administration. 55. No act of the government cftp have effect till it is signed by a minister. 56. O te of the minifterj isfpecially char ged with the. administration of the public tre a fury. —He is to verify the receipts, di re<fl the application of the funds, and the payments authotiled by law. He is not to be at liberty to f>ay any thing, except by \*ir tue, Sift of a law, and only to the extent of the tunds fpr defraying; jbofe expenses such la w has d'etrniMiied upon. idly, by a decree ot the government— by an order sign ed by a minister. 57. lhe detained accounts of every mi niftcr, signed and certified by him, are to be made public. 58. The government can only eleft or retain as courifeliors of state or ministers, such citizens whose names are inferibed in the national lift. s<j. The local administrations eftiblilhed, whether for each communal Jiftrift, or for the more extended portions of territory, are subordinate to the ministers. No one can become or remain a member of the it admi nistrations unless he is entered in one of the lifts mentioned in the 7th and Bth article. CHAPTER V. Of tbc Tribunal. 60 Every communal arromlifictrent (hall have one cr more justices of the peace, defi ed immediately from among the citizens, for three years. ! '1 heir principal duty conljfts in reconci j ling the parties applying to them, and in ! cafe of nonconoiliatiou, to decide their dis pute by arbitrators. 61. In civil matters there are tribunals of firft inftar.ee and tribunals of appeal. The law determines the organisation.of tbe oiie and the other ; their competence and territo ry forming the jtii il'diction of each. 62- In cases of crimes, to which are an nexed a corporal or infamous punifiiment. a firft jury admits or rejefts the charge. If it be admitted, a lecond jury projiounces 011 the faft, and the judges composing a rriihi nal tribunal apply-the punilhinent. Their judgment is without appeal. 63. The funftian of public accuffr to a criminal tribunal is filled by thecoinmiffioner of government. 64. The crimes which do not amount to corporal 91- infamous puniflnnent are tried before the tribunals of correftional police, saving an appeal tothe criminal tribunals. 65. There is for the whole Republic a tribunal of c:\flation which pronounces on appeals again ft judgments in the dernier re sort, given by the tribunals in cases referred from one tribunal to another on account of lawful, suspicion, or the- public fafety, upon exceptions taken by the party again ft the whole tribunal. 66. The tribunal of cassation does not in quire into tWe merits, but it reverse's the judgment given on proceedings in which form is violated, or which contain foinething Contrary to the expreflcd law, but fends the cafe back to be tried on the merits by the tribunal, which has cognizance of them. I 67. The judges who constitute the tribti- J nals of firft in ft a nee, and the comniiflioners 1 •About ,£*l,ooo sterling. of government efl. blillied at tna trihuaaUj are taken from the communal or depart mental lift. THc judges forming the tribunal* of ap peal, and the commifliducrs placed with them, are taken from the departmental lift. The judges eompofing the tribunal of captation, and the commiflioners belonging to that tribunal,.arc taken fr»in the national lift. 68. The justices, except the justices of pGMi.r, irmaiii in office Tor iilV, lintels tli-v Uio'.iid '->r condfmjvtl to forfeit their or fnoulsj not {>{ continued on inc.- jjil or eligible i Coriclpgndin» with their i CHAPTER VI. oJ_#> •tsj: vf the P+ib>,i VI'JS. 69. The Fun&ions of members, whether of the senate or of the legilhtne body, or of the tribunate, andalfo thole of the con fu Is or counlellors of (late, do not diicharge them frou refpx>iilibility. 70. Perfon-al crimes, to which are annex ed corporal or infamous pumihment, co:;*- nuttfd by a member either of the fcuate, tribunate, legislative body, or of the coun cil of state, are prosecuted before the ordinary tribunals, after a dcliberat a;-, of the body to which the psrfbn charged belongs, has. authorised ftith prosecution. 71. The miiaifterf arraigned, in their pri vate capacity, of crimes to which are annex ed corporal or infamous punilhm rjt, are considered as members of the council of state. 72. The ministers (I re relponfiWe—— li\ for every act ot government signed by them, 2nd declared unconstitutional by the feu ate ; 2d, for the non-execution of the sows, and of the regulations of the public administra tion ; 3d, for the particulai orders which they have given, if tbefe orders are contrary to theconfi.itution, th? laws, and ordinances. 73. In the ftfvcra] cases of the preceeding article, the tribunate denounces the minifler by an, on which the legislative body de liberates in ordinary form, after having heard or summoned tfee person denounced. The minister placed in a Course of judgment is tried by a high court, without appeal or re source, for a reversal. 74. The judges, civil and criminal, for crimes relating to their funions, are jjro fecuted before the tribunals to which the tribunal efcalTation fends them, 4.fter having annulled tbeir a<s\s. 75. Tlifi agents of government, other than the ministers, cannot be profecured for a&s relating to their tuitions, but by vir tue of a decision of the council of ftatei, iu this Citfe lhe profecutiqn is carried on/before the ordinary tribunals. CHAPTER VII. General Dispositions 76. The house of every perfiou inhabiting the French territory is an inviolable afvlum. During the night no person ha* a right to enter it, except in cafe of fire, inunda tion, at the reqiieft of the persons within. In the day »ne may enter it f>r the fpe ciol purpefe, determined cither hy the law, or an order emanating from a public autho- 77. 11l the aft which ordains the arrest of a pcHon mr.v be executed, it is necessary, ift, that .it exprd's in form the caufrs for such arrest, and the law, in exe cution of whiCTi it is ordered ; idly, that it itfues from a functionary to whom the law has formerly given that power; 3dly, that it be notified to the perfop arrelled, and a copy of it left with him. 78. No keeper or goaler can receive or detain anyptrloa without having firft tran fcribtd on his rcgifter the aft ordering his arrest. This aft mult be a mandate, given in the forms prdcribed by the preceding ar-- tide, or a warrant for taking the body, or a decree of accul'atioh, or a judgement. 79. Every keeper qr goaler is hound, without any order being able to olfpehfe with it, to represent the person in ilia cuft'ody to the civil officer having the police of the house of deteirtio'n, whenever this officer shall demand such account, I j 80. A rcprelentatiorJ of a person in cuf*- J tody shall not bd refuled to tis parents and •' ; friends, cairying an o r der from the civil of- I , facer, who shall be obliged always to grant it, unless the keeper or goaler produces an J order of a judge to keep the prisoner lecret, | ' 81. All thpfe who not being teftetfb.y the I law with the power of arresting, JlliiH give, I %>» or execute the arrest of any. perl'an j whatever ; all those who, even in the cafe ! of ant ft anthorifed by law, flnll receive or ; ; detain the person arretted in a place of con- J ■ finernent not publicljr and legally <'e&;tt«ted j j as such ; and all kee(jers or g\)-l\rs whj shall ; aft contrary to the difpofitioii* of tile three I preceding art.cles, shall be guilty of arbitra- | ry detention.. 82. All fevrriifrt used in arrest, detenti ons, or execution other than those com- , tnaiided hy the law, are crimes. 83. Every person has a right of address- ! ing private petitions to every conftjtuted au thority, and particular to the tribunate. 84. The public force is nec»flarily in a state of obedience j 110 armed body can de liberate. 85. Military crimes are fubjefted t" spe cial tribunals and particularly forms of judg ment. | 86 the French nation declares, that it will ; grant pcnfiuns to all the military wounded in defence of their country, and also to the widow* and children of fiicb military as have diets on the field of battl.-, 01 in confc quence of their wound). 87. I: (hall decree national rewards to the warriors, who (hall have rendered distin guished services in fighting for the Repub lic. 88. A conftiiuted bpdy cannot deliberate except in lilting, at which two thirds of its members, at kill, are present. 8()- A national Inftitllte is charg ! receiving difcaveries, and pefeSing ti»c ins and ft-icnces. 90. A committee of national cctr.pt,,- bilite regulates and verifies the accounts i.f the receipts and expenccs of the republic. This committee is composed of feren mem. berii, chosen by the Senate from the nation al lift. 91. The regime of the French colonits is determined by lpecial laws. 92. In cafe of the revolt of an armed bo. dy, of troHbles which menace the fafety of the State the law may suspend in the places and for die ime it determines, the empire of the cowlli'tution. UCU'J.'.i. The fiifpettfion may be provisionally de clared in the fame cases, by an arrette of '-jr.a- j Government, the legislative body uot being I littir- j>-. provided this body be con»»ne<* at a | very Thort term by an article of the lame ar- I retti*. ; 23. the French nation declares, that in | no cafe will-it fuffer the return of the French ■who, hjving abandoned their cpuntry Cnte i 17 89 are mrt comprised in the exceptions ) contained id the laws againfl emigrants. It inmdidts *very new exception on this j point. I The property of emigrant! irievocably ; belong to the republic. I 94. The French nation declare! that as- : ter a sale legally completed of national pro ! p*rty whatever may be its origin, the law ; tul pui chafe cannot be dispossessed, faviyg :he right of third perfoiis, if such there { Ihould be, claiming to be indemnified out of the public treasury. ! 95. The present conflitutioo fliaJl be of fered forthwith, for the acceptance of the ' French Republic. Done at Paris the twenty-second -Fir maire/ (December 13) in:he eighth year of the French Republic, one and indivitible- , (The signatures of the members of the legislative committees and consul follows.) PARIS December ij. ' The three Consuls were named the day before yesterday by the two Commiflioners. Buonaparte was unanimously appointed firft Consul. Cambeceres and Lebrun had each 21 votes. The Consuls, and fire person* who are toaffift them, met last night to ap. point the Confervaters to the number of 60. Theft 60 will eleQ the Tribunes and Senators. The Consuls appoint the Msfl» ifters ind the 30 Counsellors of State, i General Kilmaine is dead. The nets constitution was published yes» terday at Paris with much pomp. fp' December t6. This day all the troops ccmpofirrg the 17th division assembled in the Camp de Mars to take the oath to the new Contti tior,. December 18 The Conflitution does not prevent the firft Consul from taki the command of the armies. Thus it is i .'.d if Buonaparte does not this wir 1 uce Aufiriato make peace, his intention i inthefpring to put himfelf at the head of the aimies to lign a prace in'the hei los Germany. The Am Ambafladors, who have been i gnciate with France, hare jull lane ar. L.fbon, from whenc* they will proceed to P, lis T.' e remitters of accrpta. ee and non ac ceptance ars opened at Paris. Theconflu ! ence is prodigious, and the whole of the votes a'moit arc in favour of the new Cou- dilution It has been insinuated that the registers will one day fc» vc for lifts of proscription ; but we hear they are to be burnt as soon as tiie numbers arc kno*ri Tt appears from the speeches of the King of PFuffia to D hoc, as well as from differ eat reports from Constantinople, that the Porte has altogether given up Egypt. I he Helvetic government is about to ex perience a change neccfTary to disappoint prcje£s unfavourable to the independence and unity of that republic. Th ree hundred and twenty members of the council of Five Hur.dred have accepted and ligned the new Constitution } which con» fidering th; number of deputies excluded, and those on n<iilion, makes upwards offe ven eights of what remain. . - It is believed that the members of ConfervativeSenate hitherto elefted are 30, The Subscriber r T"'AKaS thi» method of onpe rrore informing JL the Public, that the partnt-rfbip of Mofet Chapline and Robert M'Clurc, which was cntet* ad into tor the furpofe of retailing GooiU ths town of Weft Liberty and Commonwealth of Vir* ginia, on tha tenth day of August, 1796, expired on the tenth day vf August 1793, agrceaUk- to th» terra ftipuiatcd in their article of copartncrflupi February 11. REAL ESTATE, , '■ I WILL BE SOLD, At Public Vendue, on Saturday, 15tb of A three story Brick House* . AND large Kitchen, with two orthreebuild* ing lots, adjoining the fame, situate on the coiner of Kin?; and High, Streets, Wilmington. Also, a two fcory brick house, &c. situate on the north fidfc ot the up£cr market house, Wilming ton. Like wife a lot of excellent rnarih in Bran dy wine, of abut two acres and a half. Ii is thought u»»ccefl*ary to particularize this pro perty's it is preluded thepurchafer will incline to view it. The conditions will be made known en the day of sale. SAMUEL & JOHN ADAMS Wilmington, (Dei.) Jan. 17. J<nv;- December 20, MOSES CHAP LINE. FOR SALS• March next, *;>h
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