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