PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. 69, HIGH.STREET, BETWEEN SECOND AND THIRD STREETS, PHILADELPHIA [No. 52, of Vol. lII.] CONSTITUTION OF FRANCE. (Concluded.) SECTION 11, OF THE INTERIOR ADMINISTRATION J, HHHERE is in each department a fuperioi adminipLration, X and in each diltrift a subordinate adminifbation. 11. The adminiflrators have no chara&er of reprefentat'on ; 111. They can a (Tame no authority over judicial proceedings, ©rover military difpolitions and operations. IV. It belongs to the legiflativc power to determine the extent and the rules of their functions. V. The King has the right of annullingfuch a&s of the admin istrators of department, as are contrary to the law, or the orders transmitted to them. He may. in cafe of obstinate disobedience, or of their endan gering by their a£ls, the fafety or peace of the public, suspend them from their functions. VI. The administrators of department have also the right of an nulling the acts of fub-adminiftratoi s of diftrift, contrary to the laws or decrees of the administrators ot department, or to the or ders which the latter shall have given or tianfmitted. They may likewise in cafe of an obstinate disobedience on the part of the jub-adminiftrators, or if the latter endangers, by their a&s, the public fafety ortranquility, suspend them from their fundtions, with the reserve ot informing the King, who may remove or confirm the suspension. VII. The King, if the administrators of department shall not life the power which is delegated to them in the article above, may direttly annul the a£t» of fub-adminiftratoi s, and suspend them in the fame cases. VIII. Whenever the King (hall pronounce or confirm the sus pension ot adminiftiators, or fub-admiriiftiators, he shall inform the legislative body. This body may either remove or confirm the suspension, or even difTolve the culpable admimflration ; and if thei e is good ground, remit all the administrators, or f >me of them to the cri minal tribunals, or enforce against them the decree of accufjtion. SECTION 111 Of Exterior Connexions, I. The King alone can interfere in foreign political connexions, eonduft negociations, make preparations of war proportioned to those of the neighboring States, d iftribute the land and sea forces as he (hall judge most suitable, and regulate their direction in cafe of war. If. Every declaration of war (hall be made in these terms :— " By the King of the French in the name of the nation." 111. It belongs to the King to resolve and sigh with all foreign powers all treaties of peace, alliance, and commerce, and other conventions, which he shall deem neceiTary for the welfare of the State, with a reserVe for the ratification of the Legislative Body. CHAPTER V. Of the Judicial Power I. The Judicial Powers can in no cafe be exerciftd either by the Legislative Body or the King. 11. Justice fhallbe gratuitously rendered by Judges chofcn for a time by the people, instituted by letters patent of the ar.d ■who cannot be deposed, except from a forfeiture duly judged,or fufpendrd, except from an accusation admitted. 111. The Tribunals cannot cither interfere in the exercise of the Legislative Power, or suspend the execution of the laws, or undertake the adminiflrativc functions, or cite before them the administrators on account of their fun&ions. IV. No citizens can be withdrawn from the Judges whom the law afligns to them by any cornmiflion, or by any other attribu tions or evocations than those which are determined by the laws. V. The orders iflued for execnting the judgments of the Tri bunals fhali be conceived in these terms : " N. (the name of the King) by the Grace of God, and by the Constitutional Law of the State, King of the French, to all present and to come, Greeting : The Tribunal of has pas sed the following judgment. [Here/hullfollow a copy of the Judgment. J " We charge and cnjbin all officers upon the present demand, to put the fame judgment into execution, to our Commiflioners of the Tribunals to enforce the fame, and to all the Commanders and Officers of the public force to be afliftinjr with their force, "when it sHall be legally required ;in witness of which the pre sent judgment has been fcafed and signed by the President of the Tribunal and by the Regifier." VI. There (hall be one or more Justices of Peace in the Can tons and in the Cities, The number fhail be determined by the legislative power. VII. It belongs to the legislative power to regulate the diftrifts of Tribunals, and the number ot Judges, of which each Tribunal fnall be composed. Mil. In criminal matters, no citizen can be judged, except on an accufatinn received by Jurors, or decreed by the Legislative Body, in the cafcs in which it belongs to it to prosecute the accu- After the accusation {hall be admitted, the fa£l (hall be exa mined, and declared by the Jurors : The Accufcr (hall Have the privilege of rejefling twrntv : J he Jurors "who declare the fact, shall not be fewer than twelve. The application of the hw shall be inade by all the Judges. The process shall be public : No man Acquitted by a legs! Jury, <;an be apprehended or ac cused on account of the fame fas. IX. For the whole kingdom there (hall be one Tribunal of ap peal, ellablifhed near the legiftative body. Its lunftions (hall be pronounce, On Appeals from the judgment of the Tribunals : On Appeals from the Judgment of one Tribunal to another, on lawful cause of fufpicton : On regulations of Judge*, and exceptions to a whole Tribunal. X. The Tribunal of Appeal can never enter into an oiiginal examination of a cafe, but after annulling a judgment in a Pro p's, in which the forms have been violated,or which (hail contain •n express contravention of law, it (hall refer the merits of the ca et° the Tribunal that ought to take cognizance of them. XI. When after two Appeals, the Judgment of the third Tri bal (hall be questioned in the (ame way as that of the former iwo, the cafe (hall not be carried againtothe Tribunalof Appeal, Without being firft fubmittcd to the legislative body, which (hall Wednesday, October 26, 1791- pass a Decree declaratory of the Law, to which the Tribunal of Appeal shall be found to conform. XII. The Tribunal of Appeal fhal! be bound to fend every vear to the Bar of the Legifljtive Body, a Deputation of eight ol its Members, to present a statement of the Judgments.given, with an abftrift of the cafe annexed to each, and the text of the law, which was the giound of the declaration. XIII. A High National Court, coiapofed of Members of the Tribunal of Appeal and High jurors, (hall take cognizance of the crimes of Ministers, and the principal Agents of the Executive Power, and of crimes which attack the general fafety of the State, when the legislative body foal] pass a Decree of Accusation. It fiiall not ailemble but on the Proclamation of the Lcgiflative Bod v. XIV. The fun£lions of the King's Commiflioners in the Tri bunals, fha 11 be to require the observance of the laws in the judg ments to be given, and to caufc tliem to be executed after they are pa (Ted : They Hiall not be public acrufers; but they shall be heard on all occafions,and (hall require, during process, regularity of form?, and before judgment the application ot the law, XV. The King's Commiflioners in the Tribunals ftiall repre sent to the Dirc&or of the Jury, either officially or according to orders given them by the King : Offences against the individual liberty of citizens, against the free circulation of provisions, and the colle&iuu of contribu tions : Offences bv which the execution of orders given by the King, in the exercise of tbe fun£tions delegated to him, fh-ill be d:ilurl>- ed or impeded ; and opposition to the execution of judgments, and all the executive a&s proceeding from established powers. XVI. The Minister of Justice fha 11 represent 10 the Tribunal of Appeal, by means of the King's Commiflioner, the atts by which the judges have exceeded their jurisdiction. The Tribunal (hall annul these a£ls, »id if they give ground for forfeiture, the fa£t (hall be reprefented!to the Legifiative Body, which shall pass the Decree of Accusation, and icicr the parties informed against to the High National Court. or THE PUBLIC FORCE I. The Public Force is instituted to defend the State against ex ternal enemies; and to maintain intenul order and the execution of the laws. 11. It is composed of the land and fp force; of the troops es pecially dtilined for home service; and, subsidiarity of the aflive citizens and their children of age to t*2r arms, rcgiltcrcd in the roll of National Guards. 111. The National Guards do not farm a military body, or an institution in the State; they are the (itizens themselves callcd to aflift the public force. 1 IV. The citizens can never embody thcmfclves, or a£l as Na tional Guards, but by virtue ot a rcquifition, ar a legal authority : They are fubjeft in this quality to an organization, to be deter mined liv the Idw. They ftiall be diftinguiftied in the whole kingdom by only one form of difciplinr, and one uniform. Diftinftior.s of tank and subordination subsist only relatively to the service, and during its continuance. VI. Officers are choftn for a time, and cannot again bechofen, till after a certain interval of service. None (hall command the National Guard of more than one diftrift. VII. All the parts of the public force employed for the fjfety of the State from foreign enemies, are under the command of the Khig. VIII. No body or detachment of troops of the line can a£l in the internal part of the kingdom without a legal order. IX. No agent of the public force can be in the house of a citi zen, if it is not in order to execute the inftru&ions of the police and of justice, or in cases formally provided for by the law. X. The requisition of the public force in the internal part of the kingdom, belongs to the civil officers, according to the regulations provided by the power. XI. When anv department is in a state of commotion, the King (hall iflue, fubjeft to the responsibility of Ministers, the neceifary orders for the execution of laws, and the re-eftabli(hment of or der ; but with the reserve of intoiming the legislative body, if it is aflTembled, and of convoking it, if it be not fining. XII. The public force is eifentially obedient; 110 perfou in arms can deliberate. or THE PUBLIC CONTRIBUTIONS, I. Public contributions (hall be debated and fixed every year bv the legislative body, and cannot continue in force longer than the last day of the following ieilion, if they are not cxprefsly re newed. 11. The funds neceffjry to the di'charge of the national debt, and the payment of the civil lift, can under no pretext be refufed or suspended. 111. The ad mini Orators of department, and fub-admimftrators, can neither cftablifh inv public contiibution, nor make anvdif tribution beyond the time and the fuins fixed by the legislative body, nor deliberate, or permit, without being authorised by it, any local loan to be charged to the citizens of the department. IV. The executive power directs and superintends the collec tion and paying in of contributions, and gives the neceifary ordeis to this effefl. HEAD VI. Of the connexion of the French Nation with foreign Nation:. The French nation renounces the undertaking of any war with a view of making conquests, and will never employ its forces against the liberty of any people. The Conflitution no longer admits the Droit d'Auhainc. Foreigners, whether fettled in France or not, inherit the pro pel tv of their parents, whether foreigners or Frenchmen. They can contrast, acquire, and receive property fituatcd in France, and dispose of it as well as any French citizen, in every mode autho rised by the laws. . . Foreigners in France are fubjeft to the fame criminal Jaws and regulation* of police as French citizens: Their perrons, effects, in. duftry, and religion, are equallv protefled by the law. French colonic* and poftcflions in Alia, Africa and America, are not included in the present Constitution. N one of the powers instituted by the Constitution have a right to change it in its form, or in its parts. The conflicting National Aflembly commit! the depofitc to the fidelity of the IfgiQitife bod/, ot ihc King, and of the Judges, to 205 HEAD IV. HEAD V. [Whole No. 260.) the vigilance of fathers of families, to wives and to mothers, to the attachment of young citizens, to the courage of all French men. With refpc£t to the laws made by the National AffembJy, which are not included in (he act of Conffitution, and ihofe anterior laws, which it has not altered, they shall be observed, so long as they shall not be revoked or modified by the legislative power. Signed, by the members of the Committees of Conilituiion auc 1 revifim, Tar git, I Briois-Baumez, THOU RET, Adrien Du-Port, R A B A U D, Barnave, Emmanuel SiEyes, I-eChapelier, Pethion, Alexander Lameth, Buzot. Note—M. Stanislas Clermont Tonnerre, absent by per million., sow THE COURIER DE L'EUROPE. ROME, July 30. AT lad Rome speaks :—The Holy Father has' palled the Rubicon : The Vatican has dart ed its thunderbolts : The grand Bull the sum mary of all imprecations, ajl excommunications, all execrations, all decollations and maledictions of the Church is ready : Perhaps, alas, ic has already been sent ofF. All Frenchmen who have participated in the creation of New-Bishops, even the Prelates, all public functionaries, that have taken the oath, their adherents and abettors, without diftintflion of age or fexaie anathema tized, are rejected from the bosom of the tender mother of the faithful. It isimpollible to endure any longer the outrages and the contempt of this National Aflembly, who believe that a Pope is only a spiritual head, that the Clergy must pro fefs the fame felfdenial as Jesus Clirill, and be governed, like others, by the precepts of the Gospel. They will all be marked with the sign of the bead, those miscreants, tliofe philosophers, those regenerators of their country and religion. It would be a pleasing fight to fee them ltigma tized by the Pontifical Omnipotence. This would be the only means to check those daring innova tors, who are i>i(ulcnt enough to prefer the lim plicity of Christianity to the pomp of Rome, and the pure moral of a handful of common men, to the elegant life of a number of gentlemen Eccle fiaflics. To defer this would be lofingtan op portunity to improve certain circumstances that alone may re-establish the affairs of the Holy See, which daily grow worse, even in Corsica, where Gen. Paoli, on his return to Baftia, has succeed ed to re eltablifli things upon a Conllitutional footing, to obviate our holy intrigues, and to install theeletfted Bishop in his functions, with out the interference of His Holinifs. FROM THE BRJSIOL GAZETTE, AUGUST 11 TUESDAY afternoon died at Downefend, In the 54th year of his age the Rev. Caleb Evans, D. D. many years President of the 13ap tilt Academy, and Pallor of the congregation of Protellant DiHenters in Broad mead, in thiscity. 1 hough he languished under severe indisposi tion for upwards of two months, his death may be pronounced sudden and unexpected. His friends began to flatter themselves with the hope of bis recovery, when, on Sunday lail in the af ternoon, a second paralytic seizure, suddenly rendered him speechless and insensible, in which slate he continued till he expired. How pleasingly those qualities, which recom mend and endear the huftjand, the parent, the friend, the chriltian, the tutor, and the niinifter, were combined in him, those alone can tell, who had the happiness of being connected with him in those capacities. He podefled an enlarged and libera]—a benevolent and pious mind ; and while those individuals and communities with whom he was more particularly connected vene rate his memory, and mourn for his death, the sympathy of society, wherever lie was known will be excited, and his removal will be consider ed as a public loss. A GENUINE ANECDOTE, IN the time of Sir Robert Walpole, when the Bench of Bishops were not so independent as at prefenr, Sir Robert Hood much in need of their votes 011 a great National question, which he had reason to think they would oppose. Sir Robert, in order to secure their support, prevailed on the Archbilhop of Canterbury, whom he had raised to that dignity, to remain at home on the occasion, and permit him to have it given out, that his Grace was ill, and lay at the point of death. The expedient took, the whole Bench, to a man, came down to the House, and voted for the Miniftr . tit&o Talleyrand, Per igord, D£MUN I E R ,
Significant historical Pennsylvania newspapers