Tranjlatcd for He Gazette of the United States, PLAN y a Conlitutionfor the French Republic; PRESENT ED JBy tie Committee of Eleven, ix the Sitting of the $ Mejfidor, year %d. £Contir.usJ.J ithe Executive Power, \Xnl- apprtint 3 thoffi place?] at the head or; t ' iie iXniniliratjoiis of tke mdired coiitubijtioiis, av dt© the ailiiiinifti'atiuns of the national domains. Thofs placed at the head, as well of the It nation of the Pods as all those of the indirect c> j/;ib«tionSj have rlie appointment of the clerks /their o.sue, an ! of thole of the o>-parimeiits. The a;.-s.-.o>y fitpf:intends tiie coiaing money, and appoints the officers charged with ;xerciti:i:> that fuperintendance. XXVI. No member of the dire&orv can leave he territory of the Republic, foi two years after the ce&rtioa of his fua&ton*. XXV. He is heki to faisfy the iegiflative body concern i'.iu- his refidcnce during that interval. °XXVII* The directory is responsible for the iiKxecu'ion of the law 3 a:.d tor the abules which it does r.dt denounce, XXVIII. Its agents are refpe&ively responsible as well for the of ihofc laws which are tranimitted to tucin, as of the dtcrets of the di- redWy. XXIX. Ths members of the directory maybe tried by the body, for the crime of treason, for corruption, for dilapidation of the pub lic monies, and for every capital crime relative to their administration XXX. Tney arc under the jurifJiaion of the tribunals For ordinary and private offences \ nevei tjielefs they cannot be arretted, but in cases of be in in th£ a£*. nor tried, without- the autho rvty ot tbclegiricitive-badjs XXXI. Everyaauti-- _ thr dirt&oiv as afeainft one or more ,fits members,,* addtelTe-i in writing to the Council or Five Hundred. XXXII If, after loving deliberated on it in manner prescribed by the artick-54, of chapter 4 the Council of five hundred admits the accusation, it declares it in thcie terms : ... The cccufalw* agahjt --—for the trme of— —dated the » St S ntd the, tt ad- mitltd• , , i XXXlll. llie < rfiar g e " t " e " reacJ ° vc "> anc -> u it be made to explained in the mid ft of thf nlace of the f'«'ng s of the council of five hundred. ' XXXtV The council of life hundred declares whether t'ere is room for examination of the conduct of the .iccufed or not VAXV. The arrefteil is afterwards heard by heCbuncilof Ancient*, at the bar ; and if be is udged guilty, after deliberation had upon it in raan icr prescribed by the articles 55, 56, and 57, the ouncil ctf ancients pronounces the accusation, which produces fufoenfiosi ; and it fends the aceufeci besots the high court of judice, which is bound to cora- XXXV l' [ f die accufi'4 lie — l ,, l;rm cnt of the high courrtif jtiftice, he resumes hi« 4fnftiofi?. XXXVIS, The leziftatlve body cannot fend ftr the diretWry, its members, except Atlie cafe of tStigfseeding articles. yLXXVIII. The accounts and the settlements dii by the legislative body, of the directory, "ulfar'nidted i« writing. KXXIX. 'Kie directory ii bound attheopen i'Vwf the fejTioiVof the legiflitive body, to present to it ffl writing tie aggregate of the expenses, the state ifthe finance, and ot the exilting penlions, in order that it itfay decree such arrangement of tbem as it {hall jtpge convenient. •«. 'It (hall also pint out the abuses which may conic under theit knowledge. XL. The director writing the legiflativj confederation, but ri- native to peace and war. lier of the directory can absent i e days, nor remove at a great iuf myriamcters (about ten ice of refideiue of tjie dire&o- orders,/if it be not r| XL/I. No merol! mmfeK'niorc than si <* diSauce than si leag'es) from t!ie p ry, without authorii XLII. The mqinbers »>f the dire£tory cannot a 'pearin public, nor out of doors, nor irt the inside of their houfcs< without being elbathed in the pro per habits of office. XLIII. The diieikory lias us customary guard and paid as j. Uievs comp ifed of one hundred and twenty foot, arm an hundred and twenty horse* XLLV- The dire&oty is accompanied by its guard in all ceremonies and public processions, where it has'alwavs the fiift rank. ' XLV. Each rai. - mhe:- of the ilireftory may a?.u(e him felt ts be accompanial over and above by t ;vo guards, XLVI. Every officer nf tTie armed force owes o the directory and to each of its members the su perior military honors. ■XLVII. The dire<f>ory resides in the fame com mune with the Ifgiflative tody. XLVIII. The members of the dire&ory are lodged at the expeafe of the republic, and in the fcme edifice. XLIX. The compenfatiofi of each of there is fixed at the value of fifty tboufand myriagrarames (about ten thousand quintals) of wheat. Chapter VI. Admimjlrat'vvt and Municipal Bod'tts, Art. I. There it in each department a central admioiftration, and in each canton one municipal adminiltration at least. 11. Every commune the population of which is from five thousand to one hundred thousand, has for itfelf alone, one municipal ddininiibation. 111. In those communes- wliofe population ex ceeds one hundred thousand inhabitants, there is, at least, three municipal admniitlrations. IV. TKe aneeftcrs and defendants in line di rest ; brother, uncle, nephew, and relatioa* in that degtt?, cannot, at the fame time, be Brrnhpr. , v f «*- , •y may at all times req\:-!l in {• body to take an object into at to propose to it legiilative of the legi-flaTive body the fame adnwnifliation, nor succeed one another, but after an interval of two years. V. Each administration of department is com posed of five members, who are renewed by a fifth every year. VI. The administrators of department maybe | once re-elecled, without interval. VII. Every citizen who has be«n twice suc cessively elefctcd administrator of department, a*d who has performed the fun&ions of that office, by virtue of each election, cannot be ele&ed anew but after an interval of two years. VIII. The departmental and municipal, admi niftrations have no chara&er of reprefeutation. Tliev cannot modify the a&s of the legislative bodv, nor those of the execntive power, nor iuf pend their execution. They cannot interfere in matters depending on the judicial order,. IX. The administrators are eficntially charged vrltli die subdivision of the direct contributions anil the fuperintendance of the monies accruing from the public revenues in their jurifdidion. The legislative body fires the rules and the mode of their functions as well on those objeds as on the other parts of the internal adminidratiou. X. The executive power appoints at the head of each departmental and municipal administration a commissary, whom it recalls when it fees proper. The commiflary fupcrintends and requires the execution of the laws. XL. The municipal administrations are subor dinate to the admi'iiftrations of department, and these again to the agents general of execution. Of course, the agents general of execution may annul theafts of the administrations of department, and these again, the acts of the municipal admini strations, when those a<fb are contrary to the laws, or to the orde. s of the superior authorities. XII. The agents general of execution may also fufpehd thoil adminilirators of departments who have contravened the laws or orders of tne superior autho rities t arid the administrations of department have the fame right with regard to «1»* rueuiuers or the mu nicipal adminiWra ion. . . XIII. No fulpenfion J sn ' t .' TC _— 1 r , .....rfcrou or the executive directory, which has also the right of pronouncing immediately, when it shall think neeefiiry, the dilqualification of tie ad ministrators, wlu-ther of depattm;nt or canton, and t« lay them before the tribunals, wien there is a ne- ceffity. , XIV. The direislory may likewise annul immedi ately the acts of the departmental or municipal admi mftratio'n. XV. All decrees for the abrogation of aifts, fufpeh lion or difquahfication of aJminiltvators, shall set forth the motives. XVI. The administrations, whether of department or canton, cannot dorrefpond with one another but upon matters afiigned to them by the law, and not upi on the general intercfts of the whole Republic. - XVII. Every administration gives annually the ac count of its admiiiiftration ; the account is printed. XVIII. The aits of the administrative bodies are made public by entry in a double register, open to all. Chapter VII, Judicial Power, of Civil Jufiict. Art. I. The judicial Amnions cannot be eferufed neither by the legislative body, nor by the executive ft. TH- i"-!..- - • txercife of the legiiUtivc power, nor make ruler lo interpret the laws. They cannot arrest or suspend the execution of any law, nor cite before them, in virtue of their fundlions, the admimftratorj. 111. The judges calnot be taken off from the law afligned them by any lommiffion, nor by other privi leges, or avocations than those which are determined by a law anterior. IV. The right of makiirg a decision on difpmtes, bv arbitrators choien by the parties, cannot be impeded. V. The decision of arbitrators is without appeal, if the parties do not stipulate a reserve. VI. Justice is rendered gratuitously. VII. Judges cannot be difqualifiecl but by a crime legally determined, nor suspended but by an admitted accusation. VIII. The fittings of the tribunals are public j the judges deliberate aloud, the judgements are xplained, Which they announce in the terms of the law applica ble to the cafe. IX. The tribunals cannot take cognizance of a eiril adlion if they are not fatisfied that the parties are be fore the court, or that the defendant has cited the ad verse party before mediators, to eome to a reconcilia tion, save the cai'es excepted by the law. X. Appeals in civil matters take place in cases which the law has determined. XL There are justices of the peace eleiled by \he citizens of the circuit, determined by law. XII. There is a eivil tribunal for each depart ment. XIII. Each civil tribunal is composed of four teen judges elc&ed for five years ; they are to be renewed after five years, and may be always re elefK'd. XIV. The civil tribunal is divided into two fe&ions, to judge of the ordinary affairs, and the appeals from the jullices of peace of the depart ment. The two fedUons fliall uni:e forcaufes appealed from judgments in the firft instance by a civil tribu nal of department. XV. There is, besides each civil tribunal, a na tional commissioner and a substitute, appointed and removable by the executire power. XVI. The national commissioner and the fub (litute are charged with requiring and fupoiutend ing in the tribunals, the execution of the laws. They have no deliberative voice. XVII. The appeals from the judgments render ed by a civil tribunal of department, aie carried to the civil tribunal of one of the three nearelt de partments. i XVill. Notwithstanding, the parties may al t ways among themselves in the choice of the ; tribunal to whicli they will appeal among the civil ittibunals of the department. • XIX. Each feftion of a civil tribunal may pro notincc, to the uumber of four in the firft on the appeal from the judgments of the justice of peace. The two fe&ions united may prononnce, to tlie number of nine judges, on the appeal from the judgments of arothei tribunal of department. XX. The two judges who are firft appointed for the civil tribunal ot each department are pvefidents of the two feflions. He that is appointed firft (hall preside when the two fe&ions aie uui(ed. XXI. At tbe election of the judges, five fuppleans {hall be chosen, of which three (hall be taken from a mong the citizens resident in the commune, or feat of the tribunal. XXII. No citizen can fee elected judge of a tribunal of (department, unler thirty years, nor a jultice of peace, if he hai not attained the age of twenty-five years. Of criminal jujlice. Article XXIII. In criminal matters, no person can lie judged but oil an accusation admitted by the juries, or decreed by the lef illative body, in the cafe where it appertains to them to decree the acculation. XXIV. A firlt jury declares whether the acculation ought to be admitted or rejected —the fa<fl is recogniz ed by a second jury, and the punilhmcnt d bv law, and applied by the criminal tribunal. XXV. The judges cannot propose any Complex question to the juries. XXVI. The accused has the right to challenge a number of judges without giving his motives; the jury of Ihallconfift 1 t twelve at lcalt. XXVI. The heari»g of the caufc is public, and they cannot refufeto the a<ccufed the aid of counsel, which they have the right to chufc, where they are named to the office. XXVIII. The juries vote by f-cret (crutiny. XXIX. No one accused, can be apprehended but to be carried before the officer of police ; and no one can be arretted or detained but in virtue of a warrant from the officer of police or ot an ordinance from a tribu nal to take the body, or 'trnj i Itcret accusation of tiie Ifgiflative body, i« the cafe where it appertains to them to pronounce ; or of a judgement of condemna tion to pnfon, or correctional detention. XXX. Every person arretted and carried before the officer of police, (hall be examined immediately, or at fartheft within twenty four hours. XXXI. If it (hall appear 011 examination that there is no room for criminating the perfow, they (hall be set at liberty forthwith, or if there is caute of commit ment, they (hall be conducted immediately j and in 110 cafe (hall they be confined more than three days. XXXII. No person arretted, can be detained if he gives fufficient hail ia all cases where the law per mits hail to be taken. XXXIII. No person, in the cafe v.'h;re his deten tion is authorized by law, can be conducted to, or de tained. !n thoj§ places, legally and publiciv,dffu»- notcd to fcrve as a koine 01 airen, a lioule of jultice, or of detention. XXXIV. No keeper or jailor can receive, or retain any person but in virtue of a warrant, of an ordinance to take the body, of a decree of accafation, or a judg ment of condemnation to prison or correfliotial deten tion, and unless the transcription (lull be made in hit register, XXXV. Every keeper or jailor is held upon his responsibility to report the perloa detained to the civil officer having the government of the honfe of deten tion, every time it shall be required by this officer. XXXVI. The reprefer.tati n of the person detained [hall not in like manner be refufed being sent to his parents and friends, by the order of the civil officer, •which hejhall always be bound to give, at lealt when the keeper or jailor does not reprtfent that he has an ordinance of the judge tranferibed in his register to keep the person arretted in secret. XXXVII. Every man, whatever may be his place, or occupation, other than those to whorii the law em powers to arrelt, who shall sign, execute, or oanfe to be executed an order to arrcft an in lividual; or who ever, in tbe cafe of an arreftation authorized by law, shall conduit, receive, or retain an individualin a place of detention, not publicly and legally designated, av.d •tf t^. r 4W j "» 4U.11 . vlit xJifpOlT tions of th£ artidcs xxxiv. xxxv. and xxxvi. as above (hall he guilty ot the crime of arbitrary iniprifonwient. XXXVIII. Every person acquitted by a legal jury, cannnr be re-tried nor ascufed for the fame fa^L XXXIX. I hire is for each department two juries of accusation ; tlie two prtftdents of civil tribunal are foremen of the jury of accusation ; they fettle affairs in the-order in which they are brought before tli«m. XL. There is a criminal tribunal for each depart ment. XLI. The criminal tribunal is cornpofed «f a prefJ dent, a public accuser, and a regiiier, all appointed for five years by the primary afleniblies of department, and of four judges taken from the civil tribunal. XLIJ. The two presidents of the civil tribunal can not fulfill the functions of judges at the criminal tri bunal. XLIII. The other judges perform duty there, each in their turns, during fix months, in the order of their appointment; and they cannot, during that time, ex ercise any function at the civil tribunal. XLIV. Ihe tOnclions of the public accuser are to denounce to the direflory of the jury, whether offici ally, or according to the orders which are given him by the executive diredlory, I ft. The attempts againjt the individual liberty of the citizens. 2. Those committed against the law »f nations ; 3. Rebellion agamlt the execution, wlwther of the judgments, or all executory acts emanating from the Constituted Authorities : 4. The troubles occasioned, and fa!fc flatements committed with a view to fh«< kle tlie collection of the contributions, the free circulation of proviiion* and other objects ef commerce. XLV. The public accuser is charged over and above ; 1. To prosecute the crimes under the ails of ac cusation admitted by the fcrft juries ; 1. 1 o be attentive in the course of the trial, to the regularity of the forms, and, before the judg ment 10 the application of tke law ; 3, lopurfuethe execution of the judgment gi ven by the criminal tribunal. 4. To superintend all the officers of police of the department, whom he is bound to inform in cafe of negligencc, and whom he may also call before him forjuft causes, «r denounce to the tribunal in the cale of more important actions. XLVI. The Foreman of the Jury {hall inform eight days before hand the citizens chosen by lot to form tlitf jury of accusation. [To be Cont\nued.~\ wom rus Argvs. THE DEFENCE.—No. X. [Concluded^ But this is altogether an erroneous infeience. - The elaufeslaft cited areinferted for greater raution, to guard cxpreflsly againll any conftni&ion of tht article, by implications nior« or less remote ; con trary to the actual regulations of (he parties, with regard ,to external commerce and navigation Great- Britain does not now permit a trade by fca to / Nova Scotia and Canada. She therefore de clares that the article (hall not be deemed to con travene this regulation. The United States now permit foreign vofiirls to come to certain ports ol entry from the sea, but exclude -them from other more interior ports of entry, to which our own vefTels may come.* It is tlerelore declared on their part, that the article (hall not be coiittiucd to costravene this regulation. 1 his was more pro per, as the right of inland navigation might hare given some colour to the claim of going- from an outer to an inner port of entry. But negative of an implication, which might have found foms colour in the principal provilion, can never be con strued into an affirmative grant of a very impor tant privilege, foreign to that principal provilion. The main objedl of the article, it has been teen, is trade by land and inland navigation. Trade and 'navigation by feii, with our sea ports, i»an entoe ly different thing. To infer a positive grant of this privilege, frorft a claufr which lays, that the right of inland navigation (hall not be codftiiutfd to per mit vefl'els coming from the sea, to go from the ports of entry, to which our laws now reltrict them, to more interior ports, would be contrary to reason, and to every rule of foimd conlfiti"lion.— Such a privilege could never be permitted lo be founded upon :i;>y thing less than a politive and explicit grant. It couki never be lupported by an implication drawn from an article relative to a local and partial object ; much left by an implication ■ drawti from the negative of anothei implication— The pretention, that all out porta were laid op.n to Great Britain by a covert and fuiewind provi lion, aud this without reciprocity, without a ri-ht of access to a Ungle sea port of ilie other party in any part of the world, would be too nion It rolls 10 be tolerated for an inltant. The principles of e quity betweeen nations, and the eftabhHied rules ol interpretation weftld unite to condemn lo great an inequality, if any other sense could pofljbly be found for the terms from which it might be pie tended to be deduced. It would be in tlkr pule t cafe the' more inadmiflilile, becauie the objedt is embraced and regulated by other parts of the treaty on terms of reciprocity. The different mode of expression, in the daHfe last cited, when speaking of tli<- British territories, . asd when fceakinir of the United States, lias fur r,irtied an argnment for the inference uhicli has been dated. But this difference is accounted for by the difference in the actual regulations of the parties as described above. The ohjeCt was on each lide to oust an implication interfiling with those regulations. The exprefiions to effect it were commeiilurate witii the flatc of tlie fa fit on each fide aud confequeritly -do not warrant any collateral or iiifcte.ice. , f The only .politive rffcift of these clanfes is to e stablish, that navigation from Montreal to Qi cbtc, vail be canit-d on in what aie called " fmali vcflcle trading Won* fide between Montreal and Quftcc." In determining then sense, it merits f.-rre obicrva- tion, thatth.y do nct'profefs to except from the hperattoil of the general proviii us of the Mticle, the Ita ports, &c>V>t the Rriuth territories; but I'rctarf, that it !p iimlerlKn »' :k>tcatc inll< • IM c i tion that the :.i;:<vo'ent pu>vit hroatl as to comprehend the cates, than an o: t;#u of the caks tf< r.i the uj i„". or vitujj.-;. Those \rho arc not familiar with laws' may feci some difficulty about the p<.(itioti, tliat particular dailies are introduced, «nlv for greater caution, without producing any new efisfr ; but thofc who arc familiar with inch fabjefts, know, that there is scarcely a law or a treaty whi h i!.. js not offer example* of the use ot linniar clanfe?; and it not unfrcquently hapnc»s, that aclca'- mc-.n- ing of the principal provision is rendered obk'ftrc by the excels of explanatory prcca-jt ion The next clause of this :u:i. ic is ; the genen>l deligftof it, confirming the eot'iiuietipii I have given. " The river MiCifippi, ft,all, iomit ver, according to the treaty of peace, b'e entirely open to both parties ; 2nd it is farther agreed, that all the ports and places on its ebflern tide, to wl.icli loever ot Ihe parties belonging, itkiv freely be* re iottcd to and used by both parties, in as ample 3 manner as any of the Atlantic posts or places of hi* majesty in Great-Britain." If the geneial provision <;ivrs accrfs to all our ports, which mull he the doctrine, ii k gives accvis to Atlantic ports, then it would equally have this effect with regard to the Mifiilippi. bat this clause clearly implies the contrary, not only by in troducing a special piovifion for th« ports of the Mifiifippi, but by introducing it exprcfsly, as a further 01 additional agreement ; the words are— "it is furtncr agreed, &c." and tlicle poits are to he enjoyed by each party, in as ample a mariner as any of the Atlantic ports or places of the United States, or any of the ports or places of his majelly in Great-£i itain. This reference to onr Atlantic pens, coupling them with the pbrts of Great- Bri tain, shews that the Mifiilippi ports are lo be re gulated by a rule or standard dUTe* ent from tlie ports for that inland navigation which is the general ob ject of the article ; elle, why that special refer ence • why not have flopped at the words " uied by both parties >" If it be said, that the reference to our Atlantic ports implies that they are within the purview of the article, let it be obl'erved, that the fame argument ould prove that the ports of Great-Britain are alio within its purvievr, which is plainly erroneous, for the mam proviiions are ex pressly confined to the territories of the parties on this continent, Ihe eonclufion 13, that the refer ence is to a llandard, out of the article, and de pending on other parts of the treaty. It may be ufeful to observe here, that the Mif fifippi ports being to be used only in as ample, and not in a more ample manner, than our Atlan tic ports and the poits of Great-Britain, will be liable at all times to all the regulations, privileges and reffri&ions of the ports with which they are afTorted. I he next clause is a still further refutation of the co»ftru&ton which 1 oppose. « All goods and merchandise, whose importation into his m?jt.(ly's said territories in America (hall not be entirely pro- * An example of this i« F->und in the rtate of New York. Foreign veflels caa onl;,- enter and un lade at the city of New Y«rk ; vefTels of the LV iiited otatc;i may ciuci .1. 'cucciiy ox iiudfuti, jn-X uniadt- ihere and :t Al-aiiy. that ThOic prov»Moi < I'l.i'v >; «• a <!•. ».!«.' it.& were not io ijo'l *-U nd treaties r. exception to
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