-DC CORNELL UNIVERSITY' LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDO'WMENT FUND GIVEN IN 1 89 1 BY HENRY WILLIAMS SAGE Date Due Cornell University Library The original of tliis bool< is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028101388 CONSTITUTIONS and DOCUMENTS ILLUSTRATIVE OF THE HISTORY OF FRANCE, 1789-1901 THE CONSTITUTIONS AND OTHER SELECT DOCUMENTS ILLUSTRATIVE OF THE History of France I 789- 190 I BY FRANK MALOY ANDERSON Assistant Professor of History in the University of Minnesota MINNEAPOLIS THE H. W. WILSON COMPANY 1904 Copyright, 1904, by Frank Maloy Anderson PREFACE The practice of studying documents in connection with the history courses given in American universities, colleges, and high schools has now become so general, and the results at- tained so satisfactory, that the method no longer requires any defence. With the introduction of the system has come a new kind of manual, the document-book. So many excellent books of this description have already appeared that the editor of still another may be reasonably expected to offer an ade- quate explanation for its publication. Three considerations have induced me to prepare this vol- ume. The first of these is personal and local. For several years past I have made a practice of dividing my class in modern European history into small sections which I could meet once each week around the seminary table. At these meetings we have studied together a considerable part of the documents here included, but the work has been hampered by the lack of a convenient collection of the documents. Fidelity to the interest of my pupils seemed to impose upon me the obligation to remove this difficulty. The second consider- ation lies in the attractiveness of the documents. After con- siderable experience in the use of various classes of documents upon European history I have reached the conclusion that stu- dents find the modern French documents more attractive than any others. Doubtless the chief reasons for this preference are that modern documents are more easily comprehended than those of more remote periods and that the style of the French is superior to that of English and German documents. Since documentary study must usually be confined to a small part of the field traversed by a class, I believe that for classes in modern European history the preference of the students may well be allowed to control the selection of the period to be studied. The third consideration is the importance of the vi PREFACE field covered. The history of France since the beginning of the Revolution surely deserves a volume in English present- ing as large a proportion as possible of the important docu- ments. The task of selectmg the documients for a book of this description is a difficult one. It may be safely asserted that no two persons would make the same selections, however well agreed they might be upon the general principles of choice. My first and foremost aim has been to pick out those documents likely to be serviceable to teachers. I have especially striven to avoid the error of a too rigid apphcation of some definition of the term document or of some classi- fication. The special reason for the inclusion of most of the documents will be found at least hinted at in the introduc- tions. The more general principles which I have applied re- quire some explanation. There appear to be at least five im- portant ways in which a document-book may be profitably used in the teaching of history, (i) Much historical data can be acquired through such study. It must be admitted, however, that the same amount of time spent upon a good text-book will in this particular usually produce better re- sults, for the reason that the documents studied are so few in number and so disconnected that no adequate idea of any considerable period is obtained. The defect can be remedied in large measure by using a single class .of documents running through a considerable period. In modern French history the constitutions serve the purpose admirably. For this rea- son all of these are included and no elisions have been made, excepting two or three tabular lists of territorial divisions. (2) Documents may be used as the basis for oral or written reports ; usually the work should be done in connection with secondary accounts, but the proofs for the principal state- ments should be drawn from the documents. Many of the groups, with their accompanying references, are inserted for this purpose. It should be observed that these groups usually contain the materials out of which the student should be able to deduce some quite definite result, such as the evolution of a policy or of an institution or the mariner in which an in- stitution operated. (3) In the opinion of many teachers the greatest value to be derived from the study of documents is a certain familiarity with the methods of historical invest!- PREFACE vii gation. I believe that a large amount of the documents here given present unusually good opportunities for exercises de- signed with that intent. (4) The meaning of technical terms and the significance of constantly recurring allusions can of- ten be more satisfactorily explained in connection with a docum^ent than by any other method. None of the selections have been made principally for this reason, but with quite a number it has been an important factor. (5) With many instructors the use of original sources in the teaching of his- tory is valued chiefly for its vitalizing effect. For this pur- pose documents are perhaps less effective than contemporary narratives. Yet there are many exceptions. Several of the documents not otherwise of the highest worth have been in- cluded for their value in this particular. Mo'St of the documents in this collection will serve several of these purposes, but the superior value of a document for but one of these is often the decisive reason for its inclusion. The brevity of the introductions has made it necessary that I should confine myself to pointing out only a very few of the ways in which the documents are of interest. In some cases I regret that the plan has not made possible more ex- tended comment, but in general I believe that as much has been furnished the student as he can profitably receive. He needs to be started, but he should not be told all of the things to be obtained from the document. In the furnishing of data I have tried to supply such information as is indis- pensable for the understanding of the document, provided it is not to be found in the document itself. The references have been purposely confined to a limited number of well known works, all of which are in English or in French. By this method I believe that all students who use the book may be induced to become quite familiar with nearly all of the works in English and, if they read any French, with the four or five French works cited. To have given more, I fear, would have defeated this purpose. I am greatly indebted to Mrs. Helen Dresser Fling, to the editors of the Annals of the American Academy of Political and Social Science, and to the editors of that admirable series issued by the history department of the University of Penn- sylvania, Translations and Reprints from the Original Sources of European History, for permission to employ their excellent viii PREFACE. translations wherever I have had occasion to use a document that has already appeared in their publications. In using these translations, as well as a number of others from non- copyrighted sources, I have made separate acknowledgment in every instance and have reproduced them exactly as print- ed, excepting some slight typographical errors and a few changes kindly supplied by Mrs. Fling. In my own trans- lations I have striven to be as literal as possible, having a decent regard for the idioms of the English language. Prob- ably I have been more literal than was absolutely requisite, but I have believed that the translator of documents should err upon the side of literary form rather than meaning. In the matter of paragraphing I have invariably followed the form of the document as originally printed in French, even when a single sentence is made to run into a dozen para- graphs. As to other features of form, such as punctuation and capitals, I have been guided by two canons — to treat each document separately so as to produce the best result for that particular document, and to follow the originals as closely as English usage would allow. It is a pleasure to acknowledge help received from several friends in addition to those already mentioned. Professor Willis Mason West, my colleague and chief, has generously responded to my frequent appeals for advice. Professor Fred Morrow Fling of the University of Nebraska kindly looked over the list of materials and made several helpful sugges- tions. I am under great obligation to my publishers for per- mission to make, the volume considerably larger than stipu- lated in our agreement. Most of all I am indebted to my wife, Mary Steele Anderson. To her constant encouri:gement, literary criticisms, and assistance with the manuscript and proofs, I owe a large part of whatever value the volume may possess. Frank Maloy Andeeson. University of Minnesota, April 30, 1904. CONTENTS NUM BER PAGE 1. Decree Creating the National Assembly. June 17, 1789- ... . . .1 2. The Tennis Court Oath. June 20, 1789. . 2 3. Documents upon the Royal Session of June 23, 1789 • 3 A. Declaration of the King upon the States - General. . . . . 3 B. Declaration of the Intentions of the King. 5 C. Decree of the Assembly. . . 10 4. The Fourth of August Decrees. August 11, 1781). 11 5. Declaration of the Rights of Man and Citizen 15, 6. Documents upon the Constituent Assembly and the Church. ...... .^ 15 , A. Decree upon the Church Lands. November 2, 1789 • 15 B. Decree upon Monastic VoWs. February 13, .JifS^ tyf.O. .16 \ / C. The Civil Constitution of the Clergy. July 12, 1790. .... .16 D. Decree upon the Clerical Oath. November 27, 1790. . . . . 22 E. Decree upon the Publication of Papal Docu- ments. June 9, 1791. . 23 - 7. Decree.s for Reorganizing the Local Government System. .... ... 24 — A. Decree upon the Municipalities. December 14, 1789. . . . .24 — B. Decree upon the Departments and Districts. December 22, 1789. . . . 29 [44^ 8. Decree for Abolishing the Nobility. June 19, 1790. 34 9. Decree for Reorganizing the Judicial System. August 16, 1790. . . ... 34 10. Circular Letter of Louis XVI to Foreign Courts. April 23, 1791. . . 39 CONTENTS 13- 14. 16. 17. 18. 19- 20. B. D 11. Decree for Abolishing the Industrial Corporations. June 14, 1791. ... . ■ 43 12. Documents upon the King's Flight. . 45 A. The King's Declaration. June 20, 1791. . 45 Decree for the Maintenance of Public Order. June 21, 1791. ... . • 51 First Decree for Giving Effect to the Meas- ures of the Assembly. June 21, 1791. . Si Second Decree for Giving Effect to the Meas- ures of the Assembly. June 22, 1791. . 52 E. Decree upon the Oath of Allegiance. June 22, 1791. 52 F. Decree concerning the King. June 25, 1791. S3 G. The Protest of the Right. June 29, 1791. S3 H. Decree concerning the King. July 16, 1791. 54 The Padua Circular. July S or 6, 1791. . . 54 The Declaration of Pilnitz. August 27, 1791. 57 The Constitution of 1791. September 3, itqTT , s8. The King's Acceptance of the Constitution. Sep- tember 13, 1791. .... .96 The Rejected Decrees. ..... 97 A. Decree upon the Emigres. November 9, 1791. 97 B. Decree upon the Non-juring Clergy. Novem- ber 29, 1791 99 Letter of Louis XVI to the King of Prussia. De- cember 3, 1791. . . 102 Declaration of War against Austria. April 20, 1792, . . . 103 The Three Revolutionary Decrees. . . . 104 A. Decree for the Deportation of the Non-juring Priests. May 27, 1792. . 104 B. Decree for Disbanding the King's Body Guard. May 29, 1792. . 106 C. Decree for Establishing a Camp of Federes. <^ — ' June 8, 1792. 106 21. The Petition of the ?oth of June. June 20, 1792. 107 22. Addresses to the Legislative Assembly. . . no A. Address of the Commune of Marseilles. June 27, 1792: ... .110 B. Address of the Federes at Paris. July 23,1792. 113 CONTENTS xi NUMBER PAGE C. Address of the Paris Sections. August 3, 1792. 114 ^,^. The Duke of Brunswick's Manifesto. July 25, 1792. . . 118 24. Decree for Suspending Louis XVI. August 10, 1792. . . .... 122 25. Decree for Electing the Convention. August II, 1792. . . ' . . 124 26. The Jacobin Club Address. September 12, 1792. 126 27. Documents upon the Transition to the Republic. 128 A. Declaration upon the Constitution. Septem- ber 21, 1792. . .... 128 B. Decree for Abolishing the Monarchy. Sep- tember 21, 1702. . 128 C. Decree for Provisional 'Enforcement of the Laws. September 21, 1792. . . . 129 D. Decree upon the Dating of Public Documents. September 22, 1792. . . 129 •E. Decree upon the Unity and Indivisibility of the Republic. September 25, 1792. 12'p 28. Documents upon the Convention and Foreign Pol-. icy. . 129 A. Declaration for Assistance and Fraternity to Foreign Peoples. November 19, 1792. . 129 B. Decree for Proclaiming the Liberty and Sov- ereignty of all Peoples. December 15, 1792. 130 C. Decree upon Non-intervention. April -13, 1793. 133 29. Documents upon the Convention and Religion. 133 A. Declaration upon Religious Polic;^. January II, 1793. ... .134 B. Decree upon the Non-juring Priests. April 23, 1793- • • • 134 C. Decree upon Dangerous Priests. October 20- 21, 1793- ... . 13s D. Decree upon Religious Freedom. December 8, 1793. ... 136 E. Decree for Establishing the Worship of the Supreme Being. May 7, 1794. 137 F. Decree upon Expenditures for Religion. Sep- tember 18. I7'J4. 138 G. Decree upon Religion. February 21, 179.1. 139 xii CONTENTS NUMBER PAGE H. Decree for Restoring Church Buildings May 30, 179s 139 I. Organic Act upon Religion. September 29, 1795. ... . . 140 30. Documents upon the Emigres. . . . I44 A. Declaration of the Regent of France. January 28, 1793. ... .145 B. Decree against the Emigres. March 28, 1793. i47 31. Declaration of War against Great Britain. Feb- ruary I, 1793. . .... 148 32. Documents upon the Revolutionary Tribunal of Paris. . . . . . 151 A. Decree for Creating an Extraordinary Crim- inal Tribunal. MarcJi__jOj_i7g3;__^_^ 151 B. Law of 22 Prairial. June 10, 1794. . 154 33. Law for Establishing the Revolutionary Commit- tees. March 21, 1793. . . N. . 157 34. Decree upon the Press. March 29, 1793. . . 158 35. Decree for Establishing the Committee of Pub- lic Safety. April 6, 1793. . . 159 36. Robespierre's Proposed Declaration of Rights. April 24, 1793. 160 37. Decree upon the Deputies on Mission. April 30, 1793- • • ' • • ~r- r— 164 38. Documents upon the Convention and Education. 167 A. Decree upon Primary Education. May 30, 1793- • ■ 167 B. Decree upon Secondary Education. February 25, 1795- • ■ . . 168 C. Organic Act upon Education. October 25, 1795. 169 39. Constitution of the Year L" June 24, 1793. 170 40. Decree for the Levy en Masse. August 23, 1793. 183 41. The Law of Suspects. September 17, 1793. 185 42. Law of the Maximum. September 29, 1793. 187 43. Decree upon the Revolutionary Government. Oc- tober 10, 1793. . .... 189 44. Decree for the Republican -Calendar. Novem- ber 24, 1793. . ... .191 45. Organic Decree upon the Government of the Ter- ror. December 4, 1793. . . 104 CONTENTS xiii NUMBER PAGE 46. Decree upon Slavery. February 4, 1794. 204 47. Decree upon Assignats. May 10, 1794. 204 48. Treaties with Prussia. . . . 206 A. Treaty of Basle. April 5, 1795. . . 206 B. Secret Convention. August s, 1796. 208 49. Treaty of the Hague. May 16, 1795. . -2^ - SO. Constitution of the Year III. August 22, 1795. 212- 51. Law against Pubhc Enemies. April 16, 1796. 254 52. Treaties with the Pope. .... 255 A. Suspension of Hostilities. June 23, 1796. 255 B. Treaty of Tolentino. February 19, 1797. 257 53. Law upon British Products. October 31, 1796. 258 54. Secret Convention lyith Genoa. June 6, 1797. 259 35. Treaty of Campo Formio. October 27, 1797. 261 56. Law of Hostages. July 12, 1799. . . . 267 57. The Brumaire Decree. November 10, 1799. 260 58. Constitution of the Year VHL December 13, 1799. . ... . 270- 59. Order for Suppressing the Newspapers. January 17, 1800 282 60. Law for Reorganizing the Administrative System. ___ February 17, 1800 2831. 61. Law for Reorganizing the Judicial System. March 18, 1800 .288. 62. Treaty of Luneville. February 9, 1801. . . 290 63. Treaty of Amiens. March 27, 1802. . 294 64. Documents upon Napoleon and the Reorganiza- tion of Religion. . . ... 296 A. The Concordat. September 10, 1801 — April 8, 1802 296. B. Organic' Articles for the Catholic Church. April 8, 1802. ... 299 C. The Declaration of 1682. . 305 D. Organic Articles for the Protestant Sects. April 8, 1802. . ... 307 65. Documents upon Napoleon and Education. 30S A. Law upon Public Instruction. May i, 1802. 308 B. Imperial Catechism. April 4, 1807. . 313 C. Decree for Organizing the Imperial Univer- sity. March 17, 1808. 314. xiv CONTENTS NUMBER PAGE 66. Documents upon the Consulate for Life. . . 323 A. Declaration of ihe Tribunate. May 6, 1802. 324 B. Re-election by the Senate. May 6, 1802. . 324 C. Message of the First Consul to the Senate. May 9, 1802. ... . 325 D. Order of the Consuls. May 10, 1802. . 326 E. Senatus-Consultum. August 4, 1802. . . 327 67. Law for Organizing the Legion of Honor. (Con- stitution of the Year X.) May 19, 1802. . 336 68. Law for Re-establishing Slavery in the French Colonies. May 20, 1802. . . . 339 69. Declaration of France upon the Reorganization of Germany. August 18, 1802. . . 339 70. Treaty with Spain. October 19, 1803. . 342 71. Senatus-Consultum. (Constitution of the Year XII.) May 18, 1804. . . 343 72. Documents upon the Kingdom of Italy. . 368 A. Constitutional Statute. March 17, 1805. . 368 B. Proclamation of the Kingdom. March 19, 180S. ... 369 73. Treaty of Alliance between Great Britain . and Russia. April 11, 1805. . 372 74- Treaty of Pressburg. December 26, 1805. . 375 75. Documents upon the Kingdom of Naples. . 378 A. Proclamation to the Army. December 30, 1805. . 379 B. Imperial Decree Making Joseph Bonaparte King of Naples. March 30, 1806. . 380 76. Treaty between France and Holland. May 24, 1806. TJ. Documents upon the Continental System. . . 384 A. British Note to the Neutral Powers. May 16, 1806. B. The Berlin Decree. November 21, 1806. 385 C. British Order in Council. January 10, 1807. 387 D. British Order in Council. November 11, 1807. 389 E. The Milan Decree. December 17, 1807. F. British Order in Council. April 26, 1809. 381 384 384 393 394 G. The Rarabouillet Decree. March 23, i8io. . 396 CONTENTS Kv NUMBER PAGE 78. Documents upon the Confederation of the Rhine. 397 A. Treaty for Establishing the Confederation. July 12, 1806. . . . . 398 B. Note of Napoleon to the Diet. August i, 1806. 399 C. Declaration of the Confederated States. Aug- ust I, 1806. ..... 401 D. Abdication of Francis II. August 7, 1806. . 403 79. Documents upon the Peace of Tilsit. . . 405 A. Treaty of Peace between France and Russia. July 7, 1807. . .... 405 B. Secret Treaty of Alliance between France and Russia. July 7, 1807. . . 409 C. Treaty of Peace between France and Prussia. July 9, 1807. . . . 411 D. Treaty between France and Prussia. Sep- tember 8, 1808. . . 415 80. Senatus-Consultum for Suppressing the Tribun- ate. August 19, 1807. . . . . 417 81. Documents upon the Overthrow of the Spanish Monarchy. . . 418 A. Convention of Fontainebleau. October 27, 1807. . . ... 418 B. Convention with Charles IV. May S. 1808. 420 C. Imperial Decree Proclaiming Joseph Bona- parte King of Spain. June 6, 1808. 421 82. The Erfurt Convention. October 12, 1808. 421 83. Decree upon the Term French Republic. Octobf.r 22, 1808. . . . 424 84. Documents upon thj Annexations of 1809-1810. 425 A. Imperial Decree for the Annexation of the Papal States. May 17, 1809. . . 425 B. Organic Senatus-Consultum for the Annex- ation of the Papal States. February 17, 1810. 426 C. Treaty with Holland. March 16, 1810. . 428 D. Organic Senatus-Consultum for the Annex- ation of Holland and North Germany. De- cember 13, 1810. 430 85. Treaty of Vienna. October 14, 1809. . 430 86. Decree upon Printing and Bookselling. Febru- ary 5, 1810. 433 CONTENTS NUMBER PAGE 87. The Frankfort Declaration. December i, 1813. 436 88. Address of the Corps-Legislatif to Napoleon. De- cember 28, 1813. . . 437 89. Treaty of Chaumont March i, 1814. . 44° 90. Documents upon the Transition to the Restor- ation Monarchy. .... . 443 A. Proclamation of the Allies. March 31, 1814. 443 B. Act of the Senate. April i, 1814. 444 C. Decree for Deposing Napoleon. April 3-4, 1814. 444 D. First Abdication of Napoleon. April 4, 1814. 446 E. The Senate's Proposed Constitution. April 6, 1814. . . 446 F. Second Abdication of Napoleon. April 11, 1814. ... 449 G. Treaty of Fontainebleau. April 11, 1814. 450 91. Treaty of Paris. May 30, 1814. . 451 92. Declaration of St. Ouen. May 2, 1814. 455 '93. Constitutional Charter of 1814. June 4, 1814. 456 94. Proclamation of Napoleon. March i, 1815. 464 95. Decree for Convoking an Ex:traordinary Assembly. March 13, 1815. ... .466 96. Declaration of the Powers against Napoleon. March 13, 1815. . . . 468 97. Treaty of Alliance against Napoleon. March 25, 1815 469 g8. The Act Additional. April 22, 1815. 471 99. Treaty of Paris. November 20, 1815. 479 100. Treaty of Alliance against France. November 20, 1815. . . . . .482 .101.; Press Laws and Ordinances of the Restoration. 485 A. Law upon the Press. June 9, 1819. . . 485 B. Law upon the Press. March 31, 1820. . 486 C. Law upon the Press. March 17, 1822. . 488 D. Royal Ordinance upon the Press. June 24, 1827. -489 102. Circular of the Keeper of the Seals. About Feb- ruary I, 1824. . . -489 CONTENTS xvii NUMBER PAGE 103. Documents upon the Dissolution of 1830. . 491 A. Speech of King Charles X. March 2, 1830. 491 B. Reply of the Chamber of Deputies. March 18, 1830 . 492 C. Response of the King. March 18, 1830. . 493 D. The Royal Proclamation. June 13, 1830. . 494 104. Documents upon the July Revolution. . . 495 A. The July Ordinances. July 25, 1830. . 495 B. Protest of the Paris Journalists. July 26, 1830. 501 C. Protest of the Paris Deputies. July 27, 1830. 501 D. Thiers' Orleanist Manifesto. July 30, 1830. 502 E. Proclamation of the Deputies. July 31, 1830. 502 F. Proclamation by Louis Philippe. August i, 1830. .... . . 504 G. Abdication of Charles X. August 2, 1830. 504 H. Declaration of the Chamber of Deputies. August 7, 1830. . . -505 105. Constitution of 1830. . 507 106. Law upon Elections. April 19, 1831. . . 513 107. Proclamations and Decrees of the Provisional Government of 1848. 514 A. Proclamation of the Overthrow of the July Monarchy. February 24, 1848. . 515 B. Declaration Relative to Workingmen. Feb- ruary 25, 1848 . 516 C. Proclamation of the Republic. February 26, 1848. . . ... 516 D. Decree for Establishing National Workshops. February 26, 1848. . . 517 E. Proclamation and Order for the Luxembourg Commission. February 26, 1848. 517 F. Decree for Abolishing Titles of Nobility. February 29, 1848. . . . . 518 G. Decree upon Labor. March 2, 1848. . . 518 H. Decree for the National Assembly. March 5, 1848. ... 519 L Decree upon Slavery. April 27, 1848. . 520 108. Petition of the i6th of April. April 16, 1848. 521 109. Declaration upon the Republic. May 4, 1848. 522^ no. Constitution of 1848. . . S22S xviii CONTENTS NUMBER PAGE 111. Documents upon the Coup d'Etat oi December 2, i8si. . 538 A. Decree for Dissolving the National Assembly. December 2, 1851. . . . S38 B. Proclamation to the People. December 2, 1851. 538 C. Proclamation to the Army. December 2, 1851. 541 D. First Decree for the Plebiscite. December 2, 1851. ... . S42 E. Second Decree for the ■ Plebiscite. December 4, 1851. . . . . .542 F. Election Appeal. December 8, 1851. 543 112. Constitution of 1852. January 14, 1852. . 544 113. Organic Decree upon the Press. February 17, 1852. . . . 550 114. Documents upon the Evolution of the Empire. 553 A. Speech of the Prince-President to the Cham- bers. March 29, 1852. ' . 553 B. Address of the Municipality of Vedennes to Louis-Napoleon. October, 1852. . 556 C. The Bordeaux Address. October 9, 1852. . 557 D. Senatus-Consultum upon the Empire. No- vember 7, 1852. . . 559 115. Documents upon the Congress of Paris. 560 A. Treaty of Paris. March 30, 1856. . 561 B. The Dardanelles Convention. March 26, 1856. 564 C. Declaration Respecting Maritime Power. April 16, 1856. 565 116. Documents upon the War in Italy. . . 566 A. The Austrian Ultimatum. April 19, 1856. 566 B. Reply of Sardinia. April 26, 1859. . 568 C. Proclamation of Napoleon III. May 3, 1859. 568 D. Proclamation to the Italians. June 8, 1859. 570 E. Armistice of Villafranca. July 11, 1859. 571 F. Treaty of Zurich. November 10, 1859. 572 G. Treaty of Turin. March 24, i860. . 573 117. Documents upon the Evolution of the Liberal Empire. ^ • • ■ 574 A. Imperial Decree upon the Address to the Throne. November 24, t86o. . . . 574 CONTENTS xix NUMBER PAGE- B. Senatus-Consultum upon the Publication of Debates. February 2, 1861. . . 575 C. Senatus-Consultum upon the Budget. De- cember 31, 1861. . . . 576 D. Senatus-Consultum upon Amendments to the Constitution. July 18, 1866. 577 E. Imperial Decree upon Interpellation. Jan- uary 19, 1867. . . . 578 F. Senatus-Consultum upon the Powers of the Senate. March 14, 1867. 579 G. Senatus-Consultum. September 8, 1869. 579 H. Senatus-Consultum. May 21, 1870. . . 581 118. The Persigny Circular. May 8, 1863. 586 iig. Law upon Public Meetings. June 6, 1868. . 589 120. The Proposed Benedetti Treaty. August 20, 1866. 591 121. The Ems Despatch. July 13, 1870. . . 595 122. Documents upon the Fourth of September. . 595 A. Proclamation to the French People. Sep- tember 4, 1870. . 595 B. Proclamation to the Inhabitants of Paris. September 4, 1870. . £95 C. Decree upon the Corps-Legislatif and the Senate. September 4, 1870. . 596 D. Decree upon Political and Press Offenders. September 4, 1870. . . S96 123. Diplomatic Circulars upon the Franco-Prussian War. . ... 596 A. Circular to French Ministers. Septem- ber 7, 1870. ... 596 B. Circular to Prussian Ministers. September 13, 1870 -599 C. Circular to Prussian Ministers. September 16, 1870. 601 124. Decrees and Laws upon the Executive Power, 1871-1873. .603 A. Decree Appointing Thiers. February 17, 1871. 604 B. The Rivet Law. August 31, 1871. . . 604 C. Law upon the Presidency. March 13, 1873. 606 125. Preliminary Treaty of Versailles. February 26, 1871. .... . . 607 6o8 612 612 613 618 622 622 623 627 XX CONTENTS NUMBER 126. Declaration of the Paris Commure. April 19, 1871. ... 127. Laws for Reorganizing Local Government A. Communal Law. April 14, 1871. ■ B. Departmental Law. August 10, 1871. 128. Law for Reorganizing the Army. July 27, 1872 129. Documents upon the Overthrow of Thiers. A. The De Broglie Interpellation. May 19, 187.^ B. The Government Proposals. May 19, 1873 C. The Ernoul Order of the Day. May 24, 1873, D. The Target Declaration. May 24, 1873. 627 E. Manifesto of the Extreme Left. May 24, 1873. 627 130. The White Flag Letter. September 23, 1873 627 131. Law of the Septennate. November 20, 1873. 630 132. Documents upon the Establishment of the Re- pubhc. . . .631 A. The Casimir-Perier Proposal. June 15, 1874 631 B. The Ventavon Project. July 15, 1874. 631 C. The Proposed Laboulaye Amendment. Jan- uary 28, 1875. 632 D. The Wallon Amsndment. January 29-30, 1875. 632 ,133. The Constitutional Laws and Amendments. 633 A. Law upon the Organization of the Senate. February 24, 1875. 633 B. Constitutional Law upon the Organization of the Public Powers. February 25, 1875. 635 C. Constitutional Law upon the Relation of the PubUc Powers. July 16, 1875. . 636 D. Amendment upon the Seat of Government. June 21, 1879. . . 639 E. The Amendments of 1884. August 14, i83:f. 639 134. Documents upon the i6th of May Crisis. 640 A. Letter ot MacMahon to Simon. May 16, 1877. 640 B. Letter of Simon to MacMahon. May 16, 1877. 641 C. Order of the Day. May 17, 1877. 642 D. Manifesto of the Left. About May 20, 1877 642 E. MacMahon's First Alanifesto. Sept. 19, 1877 643 F. Gambetta's Circular. October 7, 1877. 645 CONTENTS xxi NUMBER PAGE G. MacMahon's Second Manifesto. October ii, 1877. . 647 H. MacMahon's Message. December 14, 1877. 648 135. General Program of the Socialist Regional Coii- gress of the Centre. . . 649 136. Documents upon the Papacy and the Third Re- public. . ...... 652 A. Papal Encyclical. February 16, 1892. . 652 B. Papal Brief to the French Cardinals. May 5, 1892. 654 137. The Law of Associations. July i, 1901. 657 TITLES AND EDITIONS CITED Actes du Gouvernment Revolutionnaire de Paris. 18 Mars- 21 Mai, 1S71. Revue de France Supplement. Paris, n-d. Adams, Henry. History of the United States during- ttio Administrations of Jefferson and Madison. Nine vols. New York, 1889-1891. American Historical Associatioii. Annual Report for the Tear 1894. Washington, 1895. American State Papers, Foreign Relations. Six vols. Wash- ington, 1832-1859. Andrews, Charles M. The Political History of Modern Eu- rope from the Congress of Vienna to the Present Time. Two vols. New York, 1896-1898. Annals of the American Academy of Political and Social Science. Twenty-one vols. Philadelphia, 1890-1903. Aulard, A. 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Recueil des TraitSs et Conventions conclus par la Russie avec les Puissances Etrangeres. Thirteen •vols. St. Petersburg, 1874 — . Martinengo-Cesaresco, Evelyn Lilian. Cavour. London, 1898. Mavidal, J., and Laurent, E. Archives Parlementaires de 1787 a 1860. Fifty-two vols. Paris, 1867-1897. Mathews, Shaller. The French Revolution. A Sketch. New York, 1901. Moniteur. RSimpression de L'Ancien Moniteur. Thirty-one vols. Paris, 1870. — Le Moniteur TJniversel. One hundred seventy vols. Paris, 1789-1870. Napoleon I. Correspondance de Napoleon I. Thirty-two vols. Paris, 1858-1870. Peixotto, Jessica. The French Revolution and Modern French Socialism. New York, 1901. Phillips, W. Alison. Modern Ehirope. Second ed. London, 1902. Political Science Quarterly. Eighteen vols. New York. 1886-1903. Poole, Reginald Lane. Historical Atlas of Modern Europe from the decline of the Roman Einpire. Oxford, 1902. Putzger, F. W. Historischer Schul-Atlas zur alten, mittler- en und neuen Geschichte. Twenty-fourth ed. Leip- sic, 1900. Rose, John Holland. The Life of Napoleon I. Two vols. New York, 1901. Schrader, De F.,et al. Atlas de Geographie HistoriquG. Paris, 1896. Seignobos, Charles. A Political History of Europe since 1814. Edited by S. M. MacVane. New York, 1900. Simon, Jules. The Government of M. Thiers, from 8th Feb- ruary, 1871, to 24th May, 1873. Two vols. New York, 1879. Sloane, William Milligan. The French Revolution and Re- ligious Reform. New York, 1901. Life of Napoleon Bonaparte. Four vols. New York, 1896. ^^^i TITLES AND EDITIONS CITED Sorel Albert. Histoire Dlplomatiaue de la Guerre Franco- ::^^Ti.'^^o^^^- .our vo.. Par.. Steuhe^ns'H Morse. A History of the French Revolution. Two vols. New York, 1886-1891. Stillman, W. J. The Union of Italy, 1815-1895. Cambridge, 1899. Sybel, Heinrich von. The Founding of the German Empire by William I. Seven vols. New York, 1890-1898. History of the French Revolution. Four vols. Lon- don, 1867-1869. Times, The. (London.) Two hundred sixty-eight vols. Lon- don, 1809-1823, 1825-1903. Tocqueville, Alexis de. The Recollections of Alexis deWToc- queville. New York, 1896. University of Pennsylvania, Department of History. Trans- lations and Reprints from the Original Sources of Eu- ropean History. Seven vols. Philadelphia, 1892-1900. Vidal-Lablache. Atlas Generale. Paris, 1894. Vivenot, Alfred. Die Politik des Oesterr. Staatskanzlers Fiirsten Kaunitz-Rietberg unter Leopold II bis zur Franzosischen Krlegsen[j|larung. Five vols. Vienna, 1873-1890. Yale Review, The. Twelve vols. New York, 1892-1903. Constitutions and Documents Illustrative of the History of France 1. Decree Creating the National Assembly. June 17, 1780. Duvcrgier, Loij. I, 23. The States-General met May 5, 17S9. It contained appro;;i- mately twelve liuncUed members — three hundred nobles, three hun- dred clergy, six hundred deputies of the Third Estate. As Louis Wl had failed to provide regulations respecting its organization and method of voting, a contro^ei-sy immediately developed over these questions. The nobles and clergy desired separate organi- zation and vote by order ; the Third Estate demanded a single or- ganization and vote by head. This decree was finally adopted by the Third Estate alone, after an invitation lo the other two orders had met with no general i-esponse. The document indicates the method by wliich tlie Third Estate proposed to proceed, the argu- ments by which the method was justified, and the general temper which characterized the proceedings. Ebfeuences. Mathews, French Bcfobition, 119-120; Gardiner, French Revolution, 37-39 ; Stephens, French Revolution, I, 58-61 ; Von Sybel, French Rcroliitinii. I, .54-(',.j ; Aulard, Revolution Fran- caise, 32-34; Lavisse and Eambflud, Bisioire Gencrulc, VIII, 50- 59. The Assembly, deliberating after the verification of the powers, recognizes that this assembly is already composed of the representatives sent directly by at least ninety-six per cent of the nation. Such a body of deputies cannot remain inactive owing to the absence of the deputies of some bailliages and some classes of citizens ; for the absentees, who have been summoned, can- I 2 THE TENNIS. COURT OATH not prevent those present from exercising the full extent of their rights, especially when the exercise of these rights is an imperious and pressing duty. Furthermore, since it belongs only to the verified represent- atives to participate in the formation of the national opinion, and since all the verified representatives ought to be in this assembly, it is still more indispensable to conclude that the in- terpretation and presentation of the general will of the nation belong to it, and belong to it alone, and that there cannot exist between the throne and this as- sembly any veto, any negative power. — The Assembly declares then that the common task of the national restoration can and ought to be commenced without delay by the deputies present and that they ought to pursue it without interruption as well as without hindrance. — The denomination of National As- sembly is the only one which is suitable for the Assembly in the present condition of things ; because the members who com- pose it are the only representatives lawfully and publicly known and verified ; because they are sent directly by almost the totality of the nation; because, lastly, the representation being one and indivisible, none of the deputies, in whatever jffiss or order he may be chosen, has the right to exercise hiamiic- tions apart from the present assembly. — ^The Assemd^will never lose the hope of uniting within its own body all the de- puties absent today ; it will not cease to summon them to ful- fil the obligation laid upon them to participate in the holding of the States-General. At any moment when the absent depu- ties present themselves in the course of the session which is about to open, it declares in advance that it will hasten to re- ceive them and to share with them, after the verification of their powers, the results of the great labors which are bound to procure the regeneration of France.— The National Assem- bly orders that the motives of the present decision be immedi- ately drawn up in order to be presented to the King and the nation. 2. Ths Tennis Court Oath. June 20, 1789. Duvergier, Lois, I, 24. When the deputies of the Third Estate went to their hall on THE KOYAL SESSION 3 June 20, 1789, they found it closed to tliem and placards posted announcing a royal session two days later. Fearing that this foreshadowed a command from the King for separate organization and vote by order, they met in a neighboring tennis court and with practical unanimity formulated the resolution embodied in tliis document. ReI'Ekencbs. James Harvey Robinson, Political Science Quar- terly, X, 460-474 ; Von Sybel, French Revolution, I, 65-66. The National Assembly, considering that it has been sum- moned to determine the Constitution of the kingdom, to effect the regeneration of public order, to maintain tlie true prin- ciples of the monarchy ; that nothing can prevent it from con- tinuing its deliberations in whatever place it may be forced to establish itself, and lastly, that wherever its members meet to- gether, there is the National Assembly, Decrees that all the members of this Assembly shall im- mediately take a solemn oath never to separate, and to re- assemble wherever circumstances shall require, until the Con- stitution of the kingdom shall be established and consolidated upon firm foundations ; and that, the said oath being taken, all the membe-rs and each of them individually shall ratify by their signatures this stedfast resolution. 3. Documents upon the Rcyal Session of June 23, 1789. These documents show the parts played by the King and the Third Estate at the royal session of June 23, 1789. Document A is a command, although expressed as a wish. Document B has a special interest, since it indicates approximately how far Louis XVI was ready to go in the way of reform. Mlrabeau's famous defiance of the royal usher was an important factor In nerving the Third Estate to take the action embodied in document C. Eepbebnces. Fling's Source Studies . . . The Royal Session contains other interesting documents, bearing upon this event. See also Mathews, French Revolution, 121-124 ; Stephens. French Revolution, I, 62-63 ; Von Sybel, French Revolution, I, 66- 69. .A. Declaration of the King upon the States-General. June 23, 1789. Duvergier, Lois, I, 24-25. Translation, Mrs. Fred M. Fling, Fling's Source Studies, The Royal Session, 46-49. I. The King wishes that the ancient distinction of the 4 THE KOYAL SESSION three Orders of the State be preserved in its entirety, as essentially linked to the consticution of his Kingdom; that the deputies, freely elected by each of the three Orders, form- ing three chambers, deliberating by Order, and being able, with the approval of the Sovereign, to agree to deliberate in com- mon, can alone be considered as forming the body of the representatives of the Nation. As a result, the King has de- clared null the resolutions passed by the deputies of the Order of the Third Estate, the 17th of this month, as well as those which have followed them, as illegal and unconstitutional. 2. His Majesty declares valid all the credentials verified or to be verified in each chamber, upon which there has not been raised nor will be raised any contest; His Majesty or- ders that these shall be communicated by each Order respect- ively to the other two Orders. As for the credentials which might be contested in each Order, and upon which the parties interested would appeal, it will be enacted, for the present session only of the States- General, as will be hereafter rrdered. 7. His Majesty having exhorted the three Orders, for the safety of the State, to unite themselves during this session of Estates only, to deliberate in common upon the afifair/of gen- eral utility, wishes to make his intentions known upon the manner of procedure. 8. There will be particularly excepted from the affairs which can be treated in common, (i) those that concern the ancient and constitutional rights of the three Orders , (2) the form of constitution to give the next States-General, (3) the feudal and seignioral rights, (4) the useful rights and hon- orary prerogatives of the two first Orders. The especial consent of the Clergy will be necessary for all provisions which could interest religion, ecclesiastical discipline, the regime of the Orders and secular and regular bodies. II. If, with the view of facilitating the reunion of the three Orders, they desired that the propositions that shall have been considered in common, should pass only by a majority of THE ROYAL SESSION 5 two-thirds of the votes, His Majesty is disposed to authorise this form. 15. Good order, decency, and liberty of the ballot even, require that His Majesty prohibit, as he expressly does, that any person, other than the members of the three orders com- prising the States-General, should be present at their deliber- ations, whether they deliberate in common or separately. B. Declaration of the Intentions of the King. June 23, 1789. Duvergier, Lois, I, 26-28. Translation, Mrs. Fred M. Fling, Fling's Source Studies, The Royal Session, 50-57. 1. No new impost shall be established, no old one shall be continued beyond the term fixed by the laws, without the consent of the Representatives of the Nation. 2. The new impositions which will be established, or the old ones which will be continued, shall hold only for the in- terval which will elapse until the time of the following ses- sion of the States-General. 3. As the borrowing of money might lead to an increase of taxes, no money shall be borrowed without the consent of the States- General, under the condition, however, that in case of war, or other national danger, the Sovereign shall have the right to borrow without delay, to the amount of one hundred millions; for it is the formal intention of the King never to make the safety of his Empire dependent upon any person. 4. The States-General shall examine with care the sit- uation of the finances, and they shall demand all the infor- mation necessary to enlighten them perfectly. 5. The statement of receipts and expenses shall be made public each year, in a form proposed by the States-General and approved by His Majesty. 6. The sums attributed to each department, shall be de- termined in a fixed and invariable manner, and the King sub- mits to this general rule even the funds that are destined for the maintenance of his household. 7. The King wishes, in order to assure this fixity of the different expenses of the State, that provisions suitable to accomplish this object be suggested to him by the States- g THE EOTAL SESSION General; and His Majesty will adopt them, if they are in accordance with the Royal dignity and the indispensable celerity of the public service. 8. The representatives of a nation faithful to the laws of honor and probity, will make no attack upon the public credit, and the King expects from them that the confidence of the creditors of the State be assured and secured in the . most authentic manner. I 9. When the formal dispositions announced by the Clergy ! and the Nobility, to renounce their pecuniary privileges, will have become a reality by their deliberations, it is the intention- of the King to sanction them, and there will no_ longer exist any kind of privileges or distinctions in the payment of the taxes. 10. The King wishes that, to consecrate a disposition so important, the name of Taille be abolished in the Kingdom, and that this impost be joined either to the vingtiemes, or to any other territorial impost, or finally that it be replaced in some way, but always in just and equal proportions and without distinction of estate, rank and birth. 11. The King wishes that the tax of franc-fief be abolished from the time when the revenues and fixed expenses of the State will have been put in an exact balance. 12. All property rights, without exception, will be con- stantly respected, and His Majesty expressly understands un- der the name of property rights, tithes, rents, annuities (rentes), feudal and seignioral rights and duties, and, in general, all the rights and prerogatives useful or honorary, attached to lands and fiefs or pertaining to persons. 13. The first two orders of the state will continue to enjoy exemptions from personal burdens, but the King would be pleased to have the States-General consider means of con- verting this kind of charges into pecuniary contributions and that then all the orders of the state might be subjected equally to them. 14. It is the intention of His Majesty to determine, in ac- cord with the States-General, what the employments and duties will be which will preserve in the future the privilege of giv- ing and transmitting nobility. His Majesty, nevertheless, ac- cording to the inherent right of his crown, will grant titles THE ROYAL SESSION 7 of nobility to those of his subjects, who by services rendered to the King or to the State shall show themselves worthy of this recompense. 15. The King, desiring to assure the personal liberty of all citizens in the most solid and durable manner, invites the States-General to seek for and to propose to hinl the means that may be the most fitting to conciliate the orders known under the name of Letters de Cachet, with the maintenance of public severity [sic — security] and with the precautions necessary in some cases to guard the honor of families, to repress with celerity the beginning of sedition or to guarantee the state from the effects of criminal negotiations with for- eign powers. 16. The States-General will examine and make known to His Majesty, the means most fitting to reconcile the liberty of the press with the respect due to religion, custom, and the honor of the citizens. 17. There will be established in the different provinces or generalities of the kingdom, Provincial-Estates composed thus : two-tenths of the members of the clergy, a part of whom will necessarily be chosen in the Episcopal Order ; three-leniths of members of the Nobility, and five-tenths 01 members of the Third Estate. 18. The members of these Provincial-Estates will be freely elected by the respective Orders, and a certain amount of prop- erty will be necessary to be an elector or eligible. 19. The deputies to these Provincial-Estates will delib- erate in common upon all affairs, following the usage observed in the Provincial Assemblies, which these estates will replace. 20. An intermediary commission, chosen by these estates, will administer the affairs of the province, during the interval from one session to another, and these intermediary com- missions becoming alone responsible for their conduct, will have for delegates persons chosen wholly by them or the Pro- vincial-Estates. 21. The States-General will propose to the King their views upon all the other parts of interior organization of the^ Provincial-Estates, and upon the choice of forms appli- cable to the election of the members of this assembly. 22. Independently of the objects of administration with which the Provincial Assemblies are charged, the King will g THE ROYAL SESSION confide to the Provincial-Estates the administration of the hospitals, prisons, poor-houses, foundling homes, the inspection of the expenses of the cities, the surveillance over the main- tenance of the forests, the protection and sale of the vcood, and over other objects which couM be more usefully administered by the provinces. 23. The disputes occurring in the provinces where ancient estates exist, and the protests that have arisen against the constitution of the arsemblies , ought to claim the attention of the States-General ; they will make known to His Majesty the dispositions of justice and wisdom that it is suitable to adopt to establish a fixed order in the administration of these same provinces. 24. The King invites the States-General to occupy them- selves in the quest of the proper means to turn to account the most advantageously the domains which are in his hands, and to propose to him equally their views upon what can be done the most conveniently with the domains that have been leased. 25. The States-General will consider the project conceived a long time ago by His Majesty, of transferring the collection of tariffs to the frontiers of the kingdom, in order that the most perfect liberty may reign in the internal circulation of national or foreign merchandise. 26. His Majesty desires that the unfortunate effects of the impost Upon salt and the importance of this revenue be care- fully discussed, and that in all the substitutions, means of lightening the collection may at least be proposed. 27. His INIajesty wishes also that the advantages and in- conveniences of the internal revenue tax on liquors and other imposts be examined attentively, but without losing sight of the absolute necessity of assuring an exact balance between the revenues and expenses of the state; 28. According to the wish that the King manifested by his declaration of the 23rd of last September, His Majesty will examine with serious attention the plans which may be presented to him, relative to the administration of justice, and to the means of perfecting the civil and criminal laws. 2y. The King wishes that the laws that he will have pro- mulgated during the session and after the advice or accord- THE KOTAL SESSION g ing to the wish of the States-General, may experience in their registration and execiition no delay nor any obstacle in all the extent of his kingdom. 30. His Majesty wishes that the use of the corvee for the making and maintenance of the roads, be entirely and forever abolished in his kingdom. 31. The King desires that the abolition of the right of main morte, of which His Majesty has given the example in his domains, be extended to all France, and that means be proposed to him for providing the indemnity which would be due the lords in possession of this right. 32. His Majesty will make known at once to the States- General the regulations with which he occupies himself for the purpose of restricting the capitaineries, to give, further- more, in this connection, which touches the most nearly his own pleasures, a new proof of his love for his peoph. 33. The King invites the States-General to consider ths drawing for the militia in all its aspects and to study the means of reconciling what is due to the defence of the state, with the extenuations that His Majesty desires to procure for his subjects. 34. The King wishes that all- the dispositions of public order and of kindness toward his people, that His Majesty will have sanctioned by his authority, during the present session of the States-General, those among others, relative to personal liberty, the equality of contributions, the estab- lishment of the Provincial-Estates, may never be changed with- out the consent of the three Orders, given separately. His Majesty places them in the same rank with the national properties, that like all other property, he wishes to place under the most assured protection. 35. His Majesty, after having called the States-General to study, together witJh him, great matters of public utility and of everything which can contribute to the happiness of his people, declares in the most express manner, that he wishes to preserve in its entirety and without the least im- pairment, the constitution of the array, as well as every au- thority, both police authority and military power over the militia such as the French raonarchs have constantly enjoyed. THE ROYAL SESSION You have, gentlemen, heard the substance of my dispo- sitions arid of my wishes ; they are conformable to the earnest desire that I have for the public welfare ; and, if, by a fatality far from my thoughts, you should abandon me in so fine an enterprise, alone I will assure the well being of my people, alone I will consider myself as their true representative; and knowing your cahiers, knowing the perfect accord which ex- ists between the most general wish of the Nation and my kindly intentions, I will have all the confidence which so, rare a harmony ought to inspire and I will advance towards the goal that I wish to attain with all the courage and firmness that it ought to inspire in me. Reflect, gentlemen, that none of your projects, none of your dispositions can have the force of a law without my special approbation. So I am the natural guarantee of your respective rigihts, and all the Orders of the State can rest upon ray equitable impartiality. All distrust upon your fart would be a great injustice. It is I, at present, who am doing everything for the happiness of my people, and it is rare, perhaps, that the only ambition of a sovereign is to come to an understanding with his subjects that they may accept his kindnesses. / order you, gentlemen, to separate immediately, and ta go tomorrow morning, each to the chamber allotted to your Order; in order to take up again your sessions. I order therefore the Grand Master of Ceremonies, to have the halls prepared. C. Decree of the Assembly, June 23, 1789. Duvergier, Lois, I, 28. Translation, Mrs. Fred M. FUng, in Fling's Source Studies, Royal Session, 44. The National Assembly declares that the person of each of the deputies is inviolable ; that all individuals, all corpora- tions, tribunal, court or commission that shall dare, during or after the present session, to pursue, to seek for, to arrest or have arrested, detain or have detained, a deputy, by reason of any propositions, advice, opinions, or discourse made by him in the States-General ; as well as all persons who shall lend their aid to any of the said attempts by whomsoever they may be ordered, are infamous and traitors to the Nation FOUETH OF AUGUST DECREES n and guilty of capital crime. The National Assembly decrees that, in the aforesaid cases, it will take all the necessary meas- ures to have sought out, pursued and punished those who may be its authors, instigators or executors. 4. The Fourth of August Decrees. August 11, 1789. Duvergier, Lois, I, 33-35. Translation, James Harvey Robinson, Unwersitp of Pennsylvania Translations and Rc- I'Hnts. The overtlirow of the Bastile on July 14, 1789, was followed Dy a revolution in the provinces. Directed principally at the destruction of those feudal arrangements which bore most harshly upon the peasantry, this revolution was marked by much violence and misery. A report upon the condition of the provinces read in the Constituent Assembly on the night of August 4 led to the adoption of this decree. It was passed in a burst of enthusiasm for the regeneration of Prance. This haste made necessary some slight modifications a week later. Eefehences. Gardiner, French Revolution, 49-51 ; Mathews, French Revolution^ 138-141 ; Stephens, French Revolution, I, 165- 168; Von Sybel, French Revolution, I, 82-86 j Lavisse and Ham- baud, Bistoire Qcnerale, VIII, 70-72. i.( The National Assembly hereby completely a bolishe s, the feudal system. )It decrees that, among the existing rights and dues, both feudal and censuel, all those originating in or rep- resenting real _6r personal serfdom (main morte) or personal | servitude, shall be abolished without indemnification. All ' other dues are declared red eema ble, the terms and mode of j redemption to be fixed by the National Assembly. Those | of the said dues which are not extinguished by this decree shall continue to be collected until indemnification shall take place. 2. The exclusive right to maintain pigeon-houses and dove-cotes is abolished. The pigeons shall be confined during the seasons fixed by the community. During such periods they shall be looked upon as game, and every one shall have the right to kill them upon his own land. 3. The exclusive right to hunt and to maintain unenclosed warrens is likewise abolished, and every land owner shall have the right to kill or to have destroyed on his own land all kinds j2 FOURTH OF AUGUST DECREES of game, observing, however, such pohce regulations as may be estabhshed with a view to the safety of the public. All hunting captainries, including the royal forests, and all hunting rights under whatever denomination, are likewise abolished. Provision shall be made, however, in a manner compatible with the regard due to property and liberty, for maintaining the personal pleasures of the King. The president of the assembly shall be commissioned to ask of the King the recall of those sent to the galleys or exiled, simply for violations of the hunting regulations, as well as for the release of those at present imprisoned for offences of this kind, and the dismissal of such cases as are now pend- ing. 4. All m anorial courts are hereby suppressed without in- demnification. But the magistrates of these courts shall con- tinue to perform their functions until such time as the National Assembly shall provide for the establishment of a new judicial system. 5. Tithes of every description, as well as the dues which have been substituted for them, under whatever denomination they are known or collected (even when compounded for), possessed by secular or regular congregations, by holders of benefices, members of corporations (including the Order of Malta and other religious and military orders), as well as those devoted to the maintenance of churches, those impro- priated to lay persons and those substituted for the portion congruc, ar^abolished, on condition, however, that some other method be devised to provide for the expenses of divine wor- ship, the support of the officiating clergy, for the assistance of the poor, for repairs and rebuilding of churohes and parson- ages, and for the maintenance of all institutions, seminaries, schools, academies, asylums, and organizations to which the present funds are devoted. Until such provision shall be made and the former possessors shall enter upon the enjoy- ment of an income on the new system, the National Assembly decrees that the said tithes shall continue to be collected according to law and in the customary manner. """Other tithes, of whatever nature they may be, shall be redeemable in such manner as the Assembly shall determine. FOURTH OP AUGUST DECREES 13 Until such regulation shall be issued, the National Assembly decrees that these, too, shall continue to be collected. 6. All perpetual ground rents, payable either in money or in kind, of whatever nature they may be, whatever their origin and to whomsoever th^ may be due, as to members of corporations, holders of the domain or appanages or to the Order of Malta, shall be redeemable. C ham^arts , of every kind and under all denominations, shall likewise be re- deemable at a rate fixed by the Assembly. No due shall in the future be created which is not redeemable. 7. The sale of judicial and municipal offices shall be suppressed forthwith. Justice shall be dispensed gratis. Nev- ertheless, the magistrates at present holding such offices shall continue to exercise their functions and to receive their emol- uments until the Assembly shall have made provision for in- demnifying them^ 8. The fees of the country priests are abolished, and shall be discontinued so soon as provision shall be made for in- creasing the_mi_nimura__salary [portion congrue] of the parish priests and the pay ment to the curates. A regulation shall be drawn "up to determine the status of the priests in the towns. g. Pecuniary privileges, personal or real, in the payment of taxes are abolished forever. Taxes shall be collected from all the citizens, and from all property, in the same manner and in ' the ^ame form. Plans shall be considered by which the taxes shall be paid proportionally by all, even for the last six months of the current year. 10. Inasmuch as a national constitution and public liberty are of mtjre advantage to the provinces than the privileges which some of these enjoy, and inasmuch as the surrender of such privileges is essential to the intimate union of all parts of the realm [empire], it is decreed that all the peculiar priv- ileges, pecuniary or otherwise, of the provinces, principalities, districts [pays], cantons, cities and communes, are once for all abolished and are absorbed into the law common to all Frenchmen. 11. (AU citizens, without distinction of birth, are eligible to any office or dignity, whether ecclesiastical, civil or military ; and no profession shall imply any derogation. I^ FOURTH OF AUGUST DECEBES 12. Hereafter no remittances shall be made for annates or for any other purpose to the court of Rome, the vice-lega- tion at Avignon, or. to the nunciature at Lucerne. The clergy of the diocese shall apply to their bishops in regard to the filling of benefices and dispensations, the which shall be granted gratis without regard to reservations, expectancies and papal months, all the churches of France enjoying the same freedom. 13. The rights of deport, of cotte-morte, depouilles, vacat, droits censaux, Peter's pence, and other dues of tihe same kind, under whatever denomination, established in favor of bishops, archdeacons, archpresbyters, chapters, and regular congrega- tions which formerly exercised priestly functions [cures prim- itifs], are abolished, but appropriate provision shall be made for those benefices of archdeacons and archpresbyters which are not sufficiently endowed. 14. Pluralities shall not be permitted hereafter in cases where the revenue from the benefice or benefices held shall exceed the sum of three thousand livres. Nor shall any in- dividual be allowed to enjoy several pensions from benefices, or a pension and a benefice, if the revenue which he already enjoys from such sources exceeds the same sum of three thousand livres. 15. The National Assembly shall consider, in conjunction with the King, the report which is to be submitted t» it re- lating to pensions, favors and salaries, with a view to suppress- ing all such as are not deserved and reducing those which shall prove excessive ; and the amount shall be fixed which the King may in the future disburse for this purpose. 16. The National Assembly decrees that a medal shall be struck in memory of the recent grave and important deliber- ations for the welfare of France, and that a Te Deum shall be chanted in gratitude in all the parishes and the churches of France. 17. The National Assembly solemnly proclaims the King, Louis XVI, the Restorer of French Liberty. 18. The National Assembly shall present itself in a body before the King, in order to submit to him the decrees wliioh have just been passed, to tender to him the tokens of its most respectful gratitude and to pray him to permit the Te Deum DECLARATION OF EIGHTS IS to be chanted in his chapel, and to be present himself at this service. 19. The National Assembly shall consider, immediately after the constitution, the drawing up of the laws necessary for the development of the principles which it has laid down in the present decree. The latter shall be transmitted without delay by the deputies to all the provinces, together with the decree of the tenth of this month, in order that it may be printed, published, announced from the parish pulpits, and posted up wherever it shall be deemed necessary. 5. Declaration of. the Rights of IVIan and Citizen. This is the most famous document connected with the early stages of the Revolution. Until recently it has been regarded as an outgrowth of the doctrinaire ideas of the pre-revolutionary thinkers, especially of Rousseau. It should be studied, however, in the light of recent investigations into its origin and character. These investigations show (1) that the idea of formulating such a declaration was taken from the bills of rights attached to Amer- ican state constitutions and (2) that in general each of its pro- visions is aimed at some great existing abuse. Rbfeebnces. Jellinek, Declaration of the Bights of Man and Citizen; James Harvey Robinson, Political Science Quarterly, XIV, 653-662 ; Aulard, Revolution Francaise, 39-48. [This was subsequently incorporated in the Constitution of 1791. See No. 15.] 6. Documents upon the Constituent Assen^bly and the Church. These documents show both the general attitude of the Con- stituent Assembly towards religion and the revolution which it sought to effect in the position of the Gallican Church. Careful attention to the phraseology of the documents will reveal much concerning the ideas upon which the Assembly proceeded. Kefebenchr. Sloane, French Revolution and Religious Reform, Chs. v-viii ; Gardiner, French Revolution, 67-69 ; Stephens, French Revolution, I, Ch. x ; Debidour, L'Sglise et de I'Etat, Part I, Chs. 1 and ir ; Mathews, French Revolution, 161-163. A. Decree upon the Church Lands. November 2, 1789, Duvergier, Lois, I, 54-55- The National Assembly decrees, ist, All the ecclesiastical estates are at the disposal of the nation, on condition of pro- l6 CONSTITDENT ASSEMBLY AKD CHURCH viding in a suitable manner for the expenses of .worship, the maintenance of its ministers, and the relief of the poor, un- der the supervision and following the directions of the pro- Tinces ; 2d, that in the provisions to be made, in order to pro- vide for the maintenance of the ministers of religion, there can be assured for the endowment of each cure not less than tzi'eh'e hundred livrcs per anmim, not including the dwelling and the gardens attached. to B. Decree upon Monastic \o\vv. February 13, i2S9i Du- vergier, Lois, I, 100. 1. The constitutional law of-the kingdom shall no longer recognize solemn monastic vows of persons of either sex ; in consequence, the orders and congregations living according to rule are and shall remain suppressed in France, without there being any similar ones allowed in the future. 2. All the persons of either sex living in the monasteries and religious houses may leave them by making their declaration before the municipality of the place, and there shall immediately be provision made for their existence by a suitable pension. There shall also be houses set aside to which the religious who do not wish to profit by the provision of the present [article] shall be required to retire. Moreover, there shall be no change for the present in respect to the houses charged with public education and the establishments of char- ity and any that have until now taken part in these matters. 3. The religious shall be able to remain in the houses in which they are at present, excepting those described in the article which requires the religious to unite several houses into one. C. The Civil Constitution of the Clergy. July 12, 1790. Duvergier, Lois, I, 242-248. Translation, James Harvey Rob- inson, University of Pennsylvania Translations and Reprints. The National Assembly, after having heard the report of fhe Ecclesiastical Committee, has decreed and does decree the following as constitutional articles : — TITLE I. I. Each department shall form a single diocese, and each diocese shall have the same extent and the same limits as the department. CONSTITUENT ASSEMBLY AND CHURCH 17 2. The seat of the bishoprics of the eighty-three depart- ments of the kingdom shall be established as follows : That of the Department of the Lower Seine at Rouen; that of the De- partment of Calvados at Bayeux. . [The names of the remaining episcopal sees arc here omitted.] All other bishoprics in the eighty-three departments of the kingdom, which are not included by name in the present article are, and forever shall be, abolished. The kingdom shall be divided into ten metropolitan dis- tricts, of which the sees shall be situated at Rouen, Rheims, Besangon, Rennes, Paris, Bourges, Bordeaux, Toulouse, Aix and Lyons. These archbishoprics shall have the ■ following denominations : That of Rouen shall be called the Archbishop- ric of the Coast of the Channel. . [The remaining names of the archbishoprics are here omitted.] 3. [This article enumerates the departments included in each archbishopric] 4. NagAurch or parish of France nor ^ny French citizen may acknowledge upon any occasion or upon any pretext what- soever, the authority of an ordinary bishop or of an archbishop whose see shall be under the supremacy of a foreign power, nor that of their representatives residing in France or else- where; without prejudice, however, to the unity of the faith and the intercourse which shall be maintained with the Visible Head of the Universal Church, as hereafter provided. 5. After the bishop of a diocese shall have rendered his decision in his synod upon the matters lying within his compe- tence an appeal may be carried to the archbishop, who shall give his decision in the metropolitan synod. 6. A new arrangement and division of all the parishes of the kingdom shall be undertaken immediately in concert with the Bishop and the District Administration. The number and extent of the parishes shall be determined according to rules which shall be laid down. 7. The cathedral church of each diocese shall be restored to its primitive condition and be hereafter at once the church of the parish and of the diocese. This shall be accomplished by the suppression of parishes and by the redistribution of dwellings which it may be deemed necessary to include in the new parish. j8 constituent assembly and chuech [Articles 8 to 13, here omitted, regulate the organization of the cathedral church and provide for one seminary m each diocese.] 14. The vicars of the cathedral churches, the superior vicar and directing vicars of the seminary shall form the regular and permanent Council of the Bishop, who shall perform no official act which concerns the government of the diocese or of the seminary until he has consulted them. The bishop may, however, in the course of his visits issue such provisional ordinances as may be necessary. 15. There shall be but a single parish in all cities and towns having not more than 6,000 inhabitants. The other parishes shall be abolished or absorbed into that of the Episcopal church. 1" . 16. In cities having a population of more than 6,000 inhab- itants a parish may include a greater number of parishioners, and as many parishes shall be perpetuated as the needs of the people and localities shall require. 17. The administrative assemblies, in concert with the bish- op of the diocese, shall indicate to the next legislative assembly, the country and subordinate urban parishes which ought to be contracted or enlarged, established or abolished, and shall indicate farther the limits of the parishes as the needs of the people, the dignity of religion and the various localities shall require. \ 20. All titles aod offices other than those mentioned in the present constitution, dignites, canonries, prebends, half-pre- bends, chapels, chaplainships, both in cathedral and collegiate churches, all regular and secular chapters for either sex, ab- bacies and priorships, both regular and in commendam, for either sex, as well as all other benefices and prestimonies in general, of whatever kind or denomination, are from the day of this decree extinguished and abolished and shall never be re-established in any form. I. Beginning with the day of publication of the present de- cree there shall be but one mode of choosing bishops and par- ish priests, namely that of election. CONSTITUENT ASSEMBLY AND CHURCH 19 2. All elections shall be by ballot and shall be decided by the absollllre majority of the votes. 3. The election of bishops shall take place according to the forms and by the electoral body designated in the decree of December 22, 1789, for the election of members of the De- partmental Assembly. 6. The election of a bishop can only take place or be under- taken upon Sunday, in the principal church of the chief town of the department, at the close of the parish mass, at which all the electors are required to be present. 7. In order to be eligible to a bishopric one must have ful- filled for fifteen years at least the duties of the church mm- istry in the diocese as a parish priest, officiating minister or curate or as superior or as directing vicar of the seminary. 17. The archbishop or senior bishop of the province shall have the right to examine the bishop-elect in the presence of his council upon his belief and his character. If he deems him fit for the position he shall give him the canonical institution. If he believes it his duty to refuse this, the reasons for his re- fusal shall be recorded in vjfriting and signed by the archbishop and his council, reserving to the parties concerned the right to appeal on the ground of an abuse of power as hereinarter pro- vided. 18. The bishop applied to for institution may not exact of the person elected any form of oath except that he makes profession of the Roman Catholic and Apostolic religion. 19. The new bishop may not apply to the pope for any form of conformation, but shall write to him as the Visible Head of the Universal Church as a testimony to the unity of faith and communion maintained with him. 21. Before the ceremony of consecration begins, the bishop- elect shall take a solemn oath in the presence of the municipal officers, of the people and of the clergy to guard with care the faithful of his diocese who are confided to him, to be loyal to the Nation , the Law and the King and to support with all his 20 CONSTITUENT ASSEMBLY AND CHURCH • power the constitution decreed by the National Assembly and accepted by the King. 25. The election of the parish priests shall take'^pla^e ac- cording to the forms and by the electors designated in the de- cree of December 22, 1789, for the election of members of the Administrative Assembly of the District. 29. Each elector, before depositing his ballot in the ballot- box, shall take oath to vote only for that person whom he has conscientiously selected in his heart as the most worthy, with- out having been influenced by any gift, promise, solicitation or threat. The same oath shall be required at the election of the bishops as in the case of the parish priests. 40. Bishoprics and cures shall be looked upon as vacant until those elected to fill them shall have taken the oath above mentioned. TITLE III. I. The ministers of religion, performing as they do the first and most important functions of society and forced to live continuously in the place where they discharge the offices to which they have been called by the confidence of the people, shall be supported by the nation. ^ Every bishop, priest and officiating clergyman in a chapel of ease, shall be furnished with a suitable dwelling on condi- tion, however, that the occupant shall make all the necessary current repairs. This shall not affect, at present, in any way, those parishes where the priest now receives a money equiv- alent instead of his dwelling. The departments shall, more- over, have cognizance of suits arising in this connection, brought by the parishes and by the priests. Salaries shall be assigned to each, as indicated below. 3. The Bishop of Paris shall receive 50,000 livres; the bishops of cities having a population of 50,000 or more, 20,000 livres; other bishops, 12,000 livres. 4. [Article 4 fixes the salaries of the vicars of cathedral churches. These ranged from 6000-2000 livres.] CONSTITrE!>;T ASSEMBLY AND CHUECH 2I 5. The salaries of the parish priests shall be as follows: In Paris, 6000 livres; in cities having a population of 50,000 or over, 4000 livres; in those having a population of less than 50,000 and more than 10,000, 3000 livres; in cities and tovsfns of which the population is below 10,000 and more than 3000, 2400 livres. In all other cities, towns and villages where the parish shall have a population between 3000 and 2500, 2000 livres; in those between 2500 and 2000, 1800 hvres ; in those having a popula- tion of less than 2000, and more than 1000, the salary shall be 1500 livres; in those having 1000 inhabitants and under, 1200 livres. 6. [The salaries of the curates, fixed by article 6, ranged from 2400 livres at Paris to 700 in the small places.] 7. The salaries in money of the ministers of religion shall be paid every three months, in advance, by the treasurer of the district. 11. The schedule fixed above for the payment of the min- isters of religion shall go into effect upon the day of publication of this decree, but only in the case of those who shall be after- ward provided with ecclesiastical offices. The remuneration of the present holders, both those whose offices or functions are abolished and those whose titles are retained, shall be fixed by a special decree. 12. In view of the salary which is assured to them by the present constitution, the bishops, parish priests and curates shall perform the episcopal and priestly functions gratis. 1. The law requiring the residence of ecclesiastics in the districts under their charge shall be strictly observed. All vest- ed with an ecclesiastical office or function shall be subject to this without distinction or exception. 2. No bishop shall absent himself from his diocese more than two weeks consecutively during the year, except in case of real necessity and with the consent of the Directory of the Department in which his see is situated. 3. In the same manner the parish priests and the curates may not absent themselves from the place of their duties be- 22 CONSTITUENT ASSEMBLY AND CHUECH yond the term fixed above, except for weighty reasons, and even in such cases the priests must obtain the permission both of their bishop and of the Directory of their district, and the curates that of the parish priest. 4. In case a bishop or a priest shall violate this law requir- ing residence, the communal government shall inform the procureur-general syndic of the department, who shall issue a summons to him to return to his duties. After a second warn- ing the procureur shall take steps to have his salary declared forfeited for the whole period of his absence. 6. Bishops, parish priests and curates may, as active citi- zens, be present at the Primary and Electoral Assemblies, they may be chosen electors or as deputies to the Legislative Body, or as members of the General Council of the Communes or of the Administrative Councils of their districts or departments Their duties are, however, declared incompatible with those of Maire or other municipal officers and those of the members of the Directories of the District and of the Department. If elected to one of these last mentioned offices they must make a choice between it and their ecclesiastical position. 7. The incompatibility of office mentioned in article 6 shall only be observed in the future. If any bishops, parish priests or curates have been called by their fellow-citizens to the offi- ces of Maire or to other communal offices or have been elected members of the Directory of the District or of the Department,, they may continue their functions. f D. Decree upon the Clerical Oath. November 27, 1790. Duvergier, Lois, II, 59-60. I. The bishops and former archbishops and the cures kept in their positions shall be required, if they have not already done so, to take the oath for which they are liable . concerning the Civil Constitution of the Clergy. In consequence, they shall swear . to look with care after the faithful of their diocese or the parish which is intrusted to them, to be faithful to the nation, to the law and to the King, and to main- tain with all their power the constitution decreed by the Na- tional Assembly and accepted by the King. CONSTITUENT ASSEMBLY AND CHURCH 23 2. [The same requirement, except the first clause, is made of ''all other ecclesiastical public functionaries."] «•■>*•.. S. Those of the said bishops, former archbishops, cures, and other ecclesiastical public functionaries, who shall not have taken . . . the oath which is prescribed for them respec- tively, shall be reputed to have renounced their office and there shall be provision made for their replacement, as in case of vacancy by the resignation. ? E. Decree upon the Publication of Papal Documents. June 9, 1791. Duvergier, Lois, III, 10. The National Assembly, after having heard its united con- stitutional and ecclesiastical committees, considering that it is of importance for the national sovereignty and the mainte- nance of public order within the kingdom, to determine consti- tutionally the conservative forms of the ancient and salutary maxims by which the French nation has always kept clear of the enterprises of the court of Rome, without lacking in the respect due to the head of the Catholic Church, decrees as fol- lows : , I. No briefs, bulls, rescripts, constitutions, decrees, or other documents of the court of Rome, under any denomination whatsoever, shall be recognized as such, received, published, printed, posted, or otherwise put into execution within the kingdom, but they shall here be null and of no effect, unless they have been presented to the Legislative Body, seen and verified by it, and unless their publication and execution have been authorised by a decree sanctioned by the King and pro- mulgated in the forms established for the notification of the laws. 2. The bishops, cures, and other public functionaries, whether ecclesiastical or lay, who, in contravention of the pre- ceding article, shall read, distribute, cause to be read, distrib- uted, printed, posted, or shall otherwise give publicity or^gxecu- tion to the briefs, bulls, rescripts, constitutions, decrees, or other documents of the court of Rome, not authorised by a decree of the Legislative Body sanctioned by the King, shall be prose- cuted criminally as disiturbers of the public order and pun- 24 LOCAL GOVERNMENT DECREES ished with the penalty of civic degradation, without prejudice to the execution of article 2 of the decree of May 7 last. 7. Decrees for Reorganizing the Local Government System. These documents exhibit the general outline of the scheme for local government devised by the Constituent Assembly in order to replace that of the Old Regime, which had disappeared during the revolution in th5 provinces which followed the overthrow of the Bastile. The extent of the. revolution in local affairs may be seen by comparing tlris scheme of government with that which it replaced. Some parts of the scheme here outliued have been permanent, others have been seriously modified or discarded ; the permanent features should be particularly noted. Kefkeences. Stephens, French Revolution, I, 278-284 ; La- visse and Eambaud, ITistoire Gcnurale, VIII, 79-84. A. Decree upon the Municipalities. December 14, 1789. Duvergier, Lois, I, 63-67. 1. The actually existing municipalities in each city, bor- ough, parish, or community, under the titles of hotels-de-ville, mayoralties, aldermanates, consulates, and generally under any title or qualification whatsoever, are suppressed and abolished ; the municipal officers actually in service, however, shall con- tinue their functions until they may be replaced. 2. The officers and members of the existing municipalities shall be replaced by means of election. 3. The rights of presentation, appointment, or confirmation, and the rights of presidency or of presence in the municipal assemblies claimed or exercised as being attached to the pos- session of certain lands, to the functions of province or city commandant, bishoprics, or archbishoprics, and in general by any other title whatsoever, are abolished. 4. The head of every municipal body shall bear the title of mayor. 5. AH the active citizens of each city, borough, parish or community may participate in the election of the members of the municipal body. 6. The active citizens shall meet in a single assembly in the communities where there are less than four thousand in- habitants ; in two assemblies in the communities of four to eight thousand inhabitants ; in three assemblies in the commun- ities of eight to twelve thousand inhabitants, and so on. LOCAL GOVERNMENT DECEEES 25 7. The assemblies shall not form themselves by crafts, pro- fessions, or corporations, but by quarters or districts. 12. The conditions of eligibility for the municipal admin- istrations shall be the same as for the department and dis- trict administrations ; nevertheless, the kinsmen and relatives by marriage in the degrees of father and son, father-in-law and son-in-law, brother and brother-in-law, uncle and nephew, can- not be at the same time members of the same municipal body. 13. The municipal officers and the notables who shall be spoken of hereinafter can be chosen only from among the elig- ible citizens of the commune. 24. After the elections, the active citizens of the commuii- ity cannot remain assembled, or assemble again in communal body, without an express convocation ordered by the general covracil of the commune, which shall be spoken of hereinafter. This council shall not refuse it, if it is requested by one-sixth of the active citizens in the communities below 4,000 souls and by 150 active citizens in all the other communities. 25. The members of the municipal bodies of the cities, boroughs, parishes, or communities, shall be three in number, including the mayor, when the population shall be less than 500 souls ; six, including the mayor, from 500 souls to 3,000 ; nine from 3,000 souls to 10,000 ; twelve from 10,000 to 23, 000 ; fifteen from 25,000 to 50,000 ; eighteen from 50,000 to 100,000; twenty-one above 100,000 souls. As to the city of Paris, in consequence of its enormous population, it shall be governed by a special regulation which shall be given by the National Assembly upon the same basis and after the same principles as the general regulation for all the municipalities of tne kingdom. 26. There shall be in each municipality a communal pro- cureur without deliberative voice; he shall be charged to de- fend the interests and to prosecute the suits of the community. 30. The active citizens of each community shall select, by a single scrutin de liste and plurality of the votes, a number of notables double that of the members of the municipal body. 26 LOCAL GOVERNMENT DECREES 31. These notables shall form with the members of the municipal body the general council of the commune and they shall be summoned only for important matters, as hereinafter provided. 34. Each municipal body composed of more than three members shall be divided into a council and a bureau. 35. The bureau shall be composed of a third of the muni- cipal officers, including the mayor who shall always make up part of it ; the other two-thirds shall form the council. 36. The members of the bureau shall be chosen by the municipal body every year and cannot be re-elected for a sec- ond year. ZT- The bureau shall be charged with all executive tasks and confined to simple administration. In the municipalities reduced to three members the execution shall be entrusted to tne mayor alone. 38. The municipal council shall assemble at least once per month; it shall begin by agreeing upon the accounts of the bureau, when there is occasion; and after that operation is completed the members of the bureau shall have sitting and deliberative voice with those of the council. 39. All the deliberations necessary for the discharge of the functions of the municipal body shall be taken in the united assembly of the members of the council and of the bureau, with the exception of deliberations relative to the closing of the accounts, which, as will be said, shall be taken by the coun - cil alone. 42. The municipal officers and the notables shall be elected for two years and renewed each year by half. . 43. The mayor shall remain in service for two years ; he can be re-elected for two other years; but following that it shall not be permissible to elect him again until after an in- terval of two years. 45. The election assemblies for the annual renewals shall be held in all the kingdom the Sunday following Martinmas- day, upon the call of the municipal officers. LOCAL GOVERNMENT DBCKEBS 27 49. The municipal bodies shall have two kinds of functions to fulfill; one appertaining to the municipal authority; the other appertaining, to the general administration of the State and delegated by it to the municipalities. 50. The functions appertaining to the municipal authority, under the surveillance and supervision of the administrative assemblies, are : to manage the common possessions and reven- ues of the cities, boroughs, parishes, and communities ; to con- trol and to pay those local expenses which ought to be paid out ff the common funds; to direct and to cause to be executed the public works which are under the charge of the commun ity ; to administer the establishments vs^hich belong to the com- munity and are maintained out of its funds or which are espec- ially intended for the use of the citizens of whom it is com- posed; to cause the inhabitants to enjoy the advantages of a good police, especially for property, health, security, and tran- quility in the public streets, places, and buildings. 51. The functions appertaining to the general administra- tion which can be delegated to the municipal bodies in order to be discharged under the authority of the administrative assem- blies are : the apportionment of the direct taxes among the citizens of whom the community is composed ; the collection of these taxes ; the deposit of these taxes in the coffers of the dis- trict or department; the immediate direction of the public works within the jurisdiction of the municipality; the immedi- ate management of the public establishments intended for gen- eral utility; the surveillance and the agency neceSiSary for the preservation of the public properties; the direct oversight of the works of repair and reconstruction of the churches, par- sonages, and other things related to the service of religious worship. 52. For the exercise of the functions belonging to or dele- gated to the municipal bodies ithey shall have the right to make requisition for the necessary assistance of the national guards and other public forces as shall be more fully set forth. 54. The general council of the commune, composed as well of the municipal body as of the notables, shall be convoked whenever the municipal administration .shall judge it conven- ient. It cannot dispense with convoking it when there is 28 LOCAL GOVERNMENT DECREES in question deliberation upon the acquisitions or alienations of immovables, extraordinary taxes for local expenses, loans, works to be undertaken, the employment of the proceeds of sales, reimbursements or recoveries, suits to be instituted, even upon suits to be defended, in case the basis of the right shall be contested. 55. The municipal bodies shall be entirely subordinate to the department and district administrations for every thing which shall concern the functions which they shall have to disi ■ charge by delegation of the general administration. 56. As to the exercise of the functions appertaining to the municipal authority, none of the decisions for which the con- vocation of the general council of the commune is necessary, according to article 54 above, can be executed except with th<: approval of the department administration or directory, which shall be given, if there is occasion, upon the notification of the district administration or directory. 57. All the accounts of the management of the municipal bureaus, after they have been received by the municipal council, shall be verified by the district administration or directory, and agreed to definitively by the department administration or directory upon the notification of that of the district or of ity directory. 60. If a citizen believes himself to be personally injured by any act of the municipal body, he may set forth his matters of complaint to the department administration or directory, which shall do right therein, upon the notification of the district ad- ministration, which shall be charged with the verification of the facts. 61. Every active citizen can subscribe to and pre.sent against the municipal officers a denunciation of the administra- tive offences of which he claims that they have rendered them- selves guilty; but prior to carrying this denunciation before the tribunals, he shall be required to submit it to the depart- ment administration or directory, which, after having taken the opinion of the district administration or its directory, shall send the denunciation, if there be need, before the judges vvho must take jurisdiction of it. 62. The active citizens have the right to meet peaceably and LOCAL GOVERNMENT DECREES 29 without arms in special assemblies, in order to draw up ad- dresses and petitions to the municipal body or to the depart- ment atid district administrations, or to the Legislative Body, or to the King, under the condition of giving notice to the municipal officers of the time and the place of these assemblies, and with power to depute only ten citizens to bring and pre- sent these petitions and addresses. B. Decree upon the Departments and Districts. Decem- ber 22, 1789. Duvergier, Lois, I, 73-/8. 1. There shall be made a new division of the kingdom m- to departments, both for representation and administration. These departments shall be from seventy-five to eighty-five in number. 2. Each department shall be divided into districts, of which the number, which shall not be less than three nor more than nine, shall be determined by the National Assembly, ac- cording to the need and convenience of the department, after having heard the deputies of the provinces. 3. Each district shall be divided into divisions called cantons, of about four square leagues (common leagues of France). 5. There shall be established at the head-town of e&ch de- partment a higher administrative assembly, under the title of Department Administration. 6. There shall likewise be established at the head-town of each district a subordinate administrative assembly, under the title of District Administration. 7. There shall be a municipality in each city, borough, parish or rural community. Section II. Of the formation and organization of the ad- ministrative assemblies. 1. There shall be only one degree of election intermediate between the primary assemblies and the administrative as- semblies. 2. After having selected the representatives to the National Assembly, the same electors in each department shall elect the members, to the number of twenty-six, who shall compose the Department Administration. y, LOCAL GOVEENMBNT DECBHES 3. The electors of each district shall meet afterwards at the head-town of their district and shall there select the members, to the number of twelve, who shall compose the District Ad- ministration. 4. The members of the department administration shall be chosen from among the eligible citizens of all the districts of the department, in such a manner, however, that there shall always be in that administration at least two members from each district. 5. The members of the district administrations shall be chosen from among the eligible citizens of all the cantons of tne district. 6. In order to be eligible to the district and department administrations it shall be necessary to unite to the conditions requisite, for active citizenship that of paying a larger direct tax and which amounts to at least the local value of ten days of labor. 12. Each administration, whether department or district, shall be permanent and the members shall be renewed by half every two years ; the first time by lot, after the first two years of service, and afterwards by order of seniority. 13. The members of the administrations shall thus be in office for four years, with the exception of those who. shall go out by lot at the first renewal after the first two years. 20. Each department administration shall be divided into two sections, one under the title of Department Council, the other under that of Department Directory. 21. The department council shall hold annually one session in order to determine the regulations for each part of the admin- istration, to order the public works and the general expenses of the department, and to receive an account of the administra- tion of the directory. The first session may be of six weeks, and that of the following years of a month at most. 23. The members of each department administration shall elect, at the end of their first session, eight from among them- selves to compose the directory; they shall renew these every year by a half. The president of the department administration LOCAL GOVERNMENT DECREES 31 may be present and shall have the right to preside at all the sittings of the directory, which may, nevertheless, choose a vice-president. 24. At the opening of each annual session the department council shall begin by hearing, receiving, and agreeing to the account of the administration of the directory; afterwards the members of the directory shall take their seats and shall have deliberative voice with those of the council. 27. Everything which is prescribed by articles 22, 23, and 24 above, for the functions, the form of election and of re- newal, the right of sitting and of deliberative voice of the members of the department directory, shall likewise a^ply to those of the district directories. 28. The district administrations and directories shall be entirely subordinate to the department administrations and directories. 29. The district councils may hold their annual session for only fifteen days at most and the opening of this session shall precede by a month that of the department council. 30. The district councils can only look after the preparation of the requests to be made and the matters to be submitted to the department administration in the interest of the district, arrange for methods of execution, and receive the accounts of the administration of their directory. 31. The district directories shall be charged with the ex- ecution, within the extent of the jurisdiction of their district, under the direction and authority of the department adminis- tration and of its directory, and they cannot cause the execu- tion of any orders of the district council in matters of general administration, unless approved by the department adminis- tration. Section III. Of the functions of the administrative as- semblies. I. The department administrations are charged, under the supervision of the Legislative Body and in virtue of its de crees; ist, with the apportionment of all the direct taxes im- posed upon each department. This apportionment shall be made by the department administrations among the districts of ,2 LOCAL GOVERNMENT DECREES their jurisdiction and by the district administrations among the municipalities ; ad, to order and to cause to be made up, ac- cording to the forms which shall be established, the assessment rolls of the taxpayers of each municipality ; 3d, to regulate and to supervise everything w^hich relates as well to the collection and deposit of the product of these taxes as to the service and functions of the agents who shall have charge of them ; 4th, to order and to cause to be executed the payment of the expenses which shall be allowed in each department out of the product of the same taxes. 2. The department administrations shall be further charged, under the authority and supervision of the King, as supreme head of the nation and of the general administration of the kingdom, with all the parts of that administration, es- pecially with those which relate to : ist, the relief of paupers and the police regulation of mendicants and vagabonds ; 2d, the supervision and improvement of the management of hospitals. hoiels-dieu, charitable establishments and workshops, prisons, jails, and houses of correction ; 3d, the supervision of public education and political and moral instruction ; 4th, the custody and employment of the funds set aside in each department for the encouragement of agriculture, industry, and every form of public beneficence; 5th, the preservation of public property; 6th, that of forests, rivers, roads, and other public property; 7th, the direction and execution of work for the making of highways, canals, and other public works authorised in the department; 8th, the maintenance, repair, and reconstruction of the churches, parsonages, and other things necessary for the service of religious worship; gth, the maintenance of the public health, security, and tranquility; loth, lastly, the disposal • and employment of the national guards, as shall be regulated by special decrees. 3. The district administrations shall participate in these functions within the extent of the jurisdiction of each district only under the interposed authority of the department admin- istrations. 4. The department and district administrations shall be always required to conform, in the exercise of all these func- tions, to the regulations established by the constitution and to the legislative decrees sanctioned by the King. LOCAL GOVERNMENT DECREES 33 5. The decisions of the department administrative assem- blies upon all the matters which shall concern the regime of the general administration of the kingdom or upon new un- dertakings and extraordinary works can be executed only after having received the approval of the King. The special authori- sation of the King shall not be necessary with respect to the .despatch of the special matters and anything which is carried out in virtue of decisions already approved. 6. The department and district administrations shall not be able to establish any tax, _for any purpose or under any de- nomination whatsoever, by assessing anyone in excess of the sums and the time fixed by the Legislative Body ; nor to make any loan, unless authorised by it, except to provide for the establishment of suitable means to procure for themselves the necessary funds for the payment of the local debts and ex- penses and for imperative and urgent needs. 7. They cannot be disturbed in the exercise of their ad- ministrative functions by any act of the judicial power. 8. From the day when the department and district admin- istrations shall be formed, the Provincial-Estates, the Provin- cial Assemblies, and the inferior assemblies which exist at pres- ent shall be suppressed and shall entirely cease their functions. g. There shall not be any intermediary between the de- partment administrations and the supreme executive powers. The abolished commissioners, and the intendants and their sub- delegates, shall cease all functions as soon as the department administrations shall have entered into service. 10. In the provinces which have had up to the present a common administration and which are divided among several departments, each department administration shall appoint two commissioners who shall meet together in order to effect the liquidation of the debts contracted under the preceding regime, to establish the apportionment of these debts among the dif- ferent parts of the province and to put an end to these former matters. The account thereof shall be rendered to an assembly formed of four other commissioners appointed by each de- partment administration. ,. DECREE ABOLISHING NOBILITY 8. Decree for Abolishing tlie Nobility. June 19, 1790. DuTergier, Lois, I, 217-218. The Eevolution was a social revolution even more than a political one. On its social side it was marked by a passionate desire for equality, i.e., the removal of inequalities created or sanctioned by the law. This decree is typical /of many passed by the Constituent Assembly for the purpose of removing legal sanc- tion for social inequalities. Eefebesce. Von Sybel, Frenoli Revolution, I, 238-241. 1. Hereditary nobility is forever abolished; in conse- quence the titles of prince, duke, count, marquis, viscount, vidame, baron, knight, messire, ecuyer noble, and all other similar titles, shall neither be taken by anyone whomsoever nor given to anybody. 2. A citizen may take only the true name of his family; no one may wear liveries nor cause them to be worn, nor have armorial bearings ; incense shall not be burned in the temples, except in order to honor -the Divinity, and shall not be offered for any one whomsoever. 3. The titles of monseigneur and messeigneurs shall not be given to any body [of men] nor to any person, likewise the titles of excellency, highness, eminence, grace, etc. ; neverthe- less, no citizen, under pretext of the present decree, shall be permitted to make an attack on the monuments placed in the temples, the charters, titles and other tokens of interest to families or properties, nor the decorations of any public or private place ; nevertheless, the execution of the provisions ''vi'elative to the liveries and the arms placed upon carriages shall not be carried out nor demanded by any one whomsoever before the 14th of July for the citizens living in Paris and be- fore three months for those who inhabit the country. 4. No foreigners are included in the provision of the pres- ent decree; they may preserve in France their liveries and their armorial bearings. 9. Decree for Reorganizing tino Judicial System. August 16, 1790. Duvergier, Lois, I, 310-333. One of the worst features of the Old ESgime was its system for administering justice. This document, better than any other JUDICIAL SYSTEM DECREE 35 one, exhibits the work of the Constituent Assembly in the field of judicial reform. Other important decrees are those of October 8 and 9, 1789, and of September 16 and 25, 1791, unfortunately too long to be included here. Ebfeeences. Stephens, French Revolution, I, 284-288 ; La- Tisse and Kambaud, Histoire Oenerale, VIII, 84-85, 494-497. TITLE I. OF THE ARBITERS. I. Arbitration being the most reasonable means for the termination of disputes between citizens, the legislatures shall not make any provision which shall tend to diminish either the popularity or the efficiency of the compromis. TITLE II. OF THE JUDGES IN GENERAL. 1. Justice shall be rendered in the name of the King. 2. The sale of judicial offices is abolished forever; the judges shall render justice gratuitously and shall be salaried by the State. 3. The judges shall be elected by the justiciable. 4. They shall be elected for six years ; at the expiration of this term a new election shall take place, in which the same judges may be re-elected. 12. They shall not make regulations, but they shall have recourse to the legislative body, whenever they think necessary, either to interpret a law or to make a new one. 13. The judicial functions are distinct and shall always remain separated from the administrative functions. The judges, under penalty of forfeiture, shall not disturb in any manner whatsoever the operations of the administrative bodies, nor cite before them the administrators on account of their functions. 14. In every civil or criminal matter, the pleadings, testi- mony, and decisions shall be public, and every citizen shall have the right to himself defend his own case, either verballv or in writing. 15. Trial by jury shall occur in criminal matters; the ex- amination shall be made publicly and shall have the publicity which shall be determined. 16. All privilege in matters of jurisdiction is abolished; all 36 JUDICIAL SYSTEM DECREE citizens, without distinction, shall plead in the same form and before the same judges in the same cases. 17. The constitutional order of the jurisdictions shall not be disturbed, nor the justiciable removed from their natural judges by any commission, nor by other attributions or evo- cations than those which are determined by the law. 18. All citizens being equal before the law, and every pref- erence for rank and the turn to be tried being an injustice, all suits, according to their nature, shall be tried when they have been examined in the order in which their trial shall have been applied for by the parties. 19. The civil laws shall be reviewed and reformed by the legislatures; and there shall be made a general code of laws that are simple, clear, and in harmony with the constitution. 20. The Code of civil procedure shall be reformed forth- with in such a manner that it may be rendered more simple, more expeditious, and less expensive. 21. The Penal Code shall be reformed forthwith in such a manner that the penalties may be proportionate to the of- fences ; taking good care that they be moderate and not losing sight of that maxim of the declaration of the rights of man that the law can establish only penalties which are strictly and evidently necessary. TITLE III. OF THE JUSTICES OF THE PEACE. I. There shall be in each canton a justice of the peace and upright assessors of the justice of the peace. 3. The justices of the peace may be chosen only from among the citizens eligible to the department and district ad- ministrations, fully thirty years of age, without any other con- aition of eligibility. 4. The justices of the peace shall be elected, with individ- ual ballot and majority of the votes, by the active citizens met in primary assemblies. . 6. The same electors shall select from among the active citizens of each municipality, by scrutin de liste and plurality, four notables to perform the duties of assessors of the justice of the peace. This justice shall call upon those who shall be JUDICIAL SYSTEM DECREE 37 selected in the municipality of the place where there is need for their assistance. 8. The justices of the peace and the upright men shall be selected for two years and may be contintied by re-election. 9. The justice of the peace, assisted by two assessors, shall have jurisdiction with them over all cases dealing solely with persons and personal property, without appeal up to the value of fifty Kvres and subject to appeal up to the value of a hun- dred livres. . . . The legislatures shall not raise the amount of this competency. 10. He has jurisdiction, likewise, without appeal up to the value of fifty livres and subject to appeal at whatever value the complainant can prove. [Here follow six classes of additional civil ac- tions.] 12. The appeal from the judgments of the justice of the peace, when they are subject to appeal, shall be carried before the judges of the district and tried by them in the last resort in audience and summarily upon the simple writ of appeal. TITLE IV. OF THE JUDGES OF FIRST INSTANCE. I. There shall be established in each district a tribunal composed of five judges, with whom there shall be an officer charged with the functions of the public ministry. The sub- stitutes for them shall be four in number, of whom two at least shall be taken from within the city of the establishment or required to reside in it. 4. The district judges shall have jurisdiction in the first instance over all personal, real estate, and mixed suits of every kind, except only those which have been declared above to be within the jurisdiction of the justices of the peace, commercial suits in the districts where there are no commercial tribunals established, and the litigious affairs of the municipal police 5. The district judges have jurisdiction in first and last re- sort over all suits involving persons and personal property, up to the value of a thousand livres of principal, and over real 38 JUDICIAL SYSTEM DECREE estate suits of which the chief item shall be of fifty Hvres of fixed revenue, either in income or in lease price. TITLE V. OF THE JUDGES OF APPEAL. I. The district judges shall be judges of appeal with re- spect to each other, according to the relations which shall be established in the following articles. TITLE X. OF THE PEACE BUREAUX AND THE FAMILY TRIBUNAL. 1. In all matters which shall exceed the competency of the justice of the peace, this justice and his assessors shall form a bureau of peace and conciliation. 2. No principal action in civil matters shall be received before the district judges bstween parties who shall all be domiciled in the jurisdiction of the same justice of the peace, whether in the city or in the country, unless the plaintiff gives at the head of his writ a copy of the certificate of the peace bureau attesting that his' opponent has been summoned to no purpose to this bureau or that it has employed its mediation without result. 12. If any dispute arises between husband and wife, father and son, grand-father and grand-son, brothers and sisters, nephews and uncles, or between kinsmen of the above degrees, as also between pupils and their tutors in matters relative to their tutelage, the parties shall be required to appoint kinsmen or, in their default, friends or neighbors, as arbiters before whom they shall explain their difference and who, after hav- ing heard them and having obtained the necessary knowledge, shall render a decision which includes a statement of the rea- sons for it. 13. Each of the parties shall select two arbiters ; and if one of them refuses, the other may apply to the judge, who, after having authenticated the refusal, shall appoint official arbiters for the refusing party. When the four arbiters find themselves divided in opinion they shall choose an umpire to remove the division. 14. The party which believes itself injured by the arbitral LETTER TO FOREIGN COURTS j<) decision may appeal to the district tribunal, which shall pro- nounce in the last resort. TITLE XI. OF THE JUDGES IN THE MATTERS OF POLICE. I. The municipal bodies within the precincts of each mu- nicipality shall look to and supervise the execution of the laws and the police regulations and shall have jurisdiction over the litigation to which this execution may give rise. 5. Contraventions of the police regulations shall be pun- ished only by one of these two penalties, either by condemna- tion to a pecuniary penalty or imprisonment by way of cor- rection for a time which in the most serious cases shall not ex- ceed three days in the country and eight days in the cities. 6. Appeals from the judgments in police matters shall be carried to the tribunal of the district and these judgments shall be executed provisionally, notwithstanding the appeal and without prejudice to it. TITLE XIL OF THE JUDGES IN MATTERS OF COMMERCE. 1. There shall be established a commercial tribunal in the cities where the department administration, deeming these es- tablishments necessary, shall frame a request for them. 2. This tribunal shall have jurisdiction of all commercial suits, both by land and sea, without distinction. 7. The commercial judges shall be elected in the assembly of the merchants, bankers, traders, manufacturers, ship-owners and ship-captains of the city where the tribunal is established. 10. Circular Letter of Louis XVI to Foreign Courts, April 23, 1791. Archives Parlementmres, XXV, 312-313. On April IS, 1791, Louis XVI was prevented from going to St. Cloud by tlie Paris crowds, who feared tliat lie was trying to escape from the cfipital. This document, communicated to the Constituent Assembly as well as to the foreign courts, was ob- viously intended to quiet these fears and to conceal the King's preparations for flight. In connection with No. 12 A It did much to establish a firm belief in the King's insincerity. The views ^Q LETTER TO FOREIGN COURTS expressed, thougli certainly not the real Tiews of the King, are of interest, as substantially those of Frenchmen loyal to the King and the Eeyolution alike. Kefeeence. Aulard, Revolution Franoaise, 116-117. The King charges me to inform you that it is his most express wish that you should make known his sentiments upon the French Revolution and Constitution at the court where you reside. The ambassadors and ministers of France at all the courts of Europe are receiving the same directions, in order that there may not remain any doubt about the intentions of His Majesty, or about the free acceptance which he has given to the new form of government, or about his irrevocable oatii to maintain it. His Majesty convoked the States-General of the kingdom and determined in his Council that the Commons should have in it a number of deputies equal to that of the other two orders which then existed. This act of provisional legislation, which the obstacles of the moment did not permit to be made more favorable, announced sufficiently t!he desire of His Majesty to re-establish the nation in all of its rights. The States-General met and took the title of National As- sembly; soon a Constitution, qualified to secure the welfare of France and of the monarch, replaced the former order of things, in which the apparent power of the kingship only con- cealed the actual power of certain aristocratic bodies. The National Assembly adopted the form of representative government in conjunction with hereditary kingship. The leg- islative body vras declared permanent; the election of clergy- men, administrators, and judges was made over to the people, the executive power was conferred upon the King, the form- ation of the law upon the Legislative Body, and the sanction upon the monarch. The public force, both internal and extern- al, was organized upon the same principles and in accordance with the fundamental basis of the distinction of the powers: such is the new Constitution of the kingdom. What is called the Revolution is only the abolition of a mul- titude of abuses accumulated in the course of centuries through the error of the people or the authority of the ministers, which has never been the authority of the King. These abuses were not less disastrous to the monarch than to the nation ; under wise LETTER TO FOREIGN COURTS 41 reigns authority had not ceased to attack these abuses, but was not able to destroy them. They no longer exist ; the sovereign nation has no longer any but citizens equal in rights, no despot but the law, no organs except the public functionaries, and the King is the first of these functionaries : such is the French Revolution. It was bound to have as enemies all those who in the first moment of error, on account of personal advantage, mourned for the abuses of the former government. From this comes the apparent division which has manifested itself within the kingdom, but which is enfeebled each day ; from this, also, per- haps, come some severe and exceptional laws which time will correct; but the King, whose real power is inseparable from that of the nation, who has no other ambition than the wel- fare of the nation nor any real authority other than that which is delegated to him ; the King was bound to agree without hes- itation to a happy Constitution which would regenerate at one and the same time his authority, the nation, and the monarchy. He ha'S retained all his authority, except the redoubtable power to make the laws ; he remains in charge of the negotiations with foreign powers, the task of defending the kingdom and of repulsing its enemies ; but the French nation henceforth will not have any enemies abroad except its aggressors. It no longer has internal enemies except those who, still nourishing foolish hopes, believe that the will of 24,000,000 men entered again upon their natural rights, after having organized the kingdom in such a manner that only the memory of the old forms and former abuses remains, is not an immovable and ir- revocable Constitution. The most dangerous of these enemies are those who seek to spread doubts as to the intentions of the monarch: these men are indeed culpable or blind ; they believe themselves the friends of the King; they are the only enemies of the mon- archy; they would have deprived the monarch of the love and confidence of a great nation, if his principles and probity had been less known. Ah ! What has the King not done to show that he counts both the French Revolution and the Constitution among his titles to glory. After having accepted and sanc- tioned all the laws he has not neglected any means to cause them to be executed. Even in the month of February last in -2 LETTEK TO FOREIGN COURTS the midst of the National Assembly, he promised to maintain them: he took an oath thereto in the presence of the general federation of the kingdom. Honored with the title of Restorer of French Liberty, he will transmit more than a crown to his son: he will transmit to him a constitutional monarchy. The enemies of the Constitution do not cease to repeat that the King is not happy, as if there could be for the King any other happiness than that of the people! They say that his authority is dishonored; as if authority founded upon force was not less powerful and more uncertain than the authority of the law! In fine, that the King is not free: an atrocious calumny, if it is supposed that his will could be forced; an absurd one, if they take as lack of liberty the consent that His Majesty has several times expressed to remain in the midst of the citizens of Paris, a consent which he was bound to con- cede to their patriotism, even to their fears, and especially to their love. These calumnies, however, have penetrated even into foreign courts ; they have been repeated there by Frenchmen who have voluntarily exiled themselves from their fatherland, instead ot sharing its glory, and who, if they are not its enemies, have at least abandoned their posts as citizens. The King charges you, sir, to defeat their intrigues and their plans. These same calumnies, in spreading false ideas about the French Revolu- tion, have caused the intentions of French travelers to be sus- pected among several neighboring nations ; and the King es- pecially recommends that you protect and defend them. Give, sir, the idea of the French Constitution which the King him- self has formed ; do not allow there to be any doubt about the intention of His Majesty to maintain it with all his power. In assuring the liberty and equality of the citizens, that Consti- tution founds the national prosperity upon the most enduring basis ; it consolidates the royal authority through the laws ; -t forestalls by a glorious revolution the revolution which the abuses of the former government would have soon caused to break forth, thus causing perhaps the dissolution of the Em- pire. Finally, it will be the happiness of the King. The task o"f justifying it, of defending it, and of taking it for the rule of your conduct, must be your first duty. I have already expressed several times the sentiments of INDUSTRIAL COKPORATIONS DECREE 43 His Majesty in this matter; but after what has been reported to him of the opinion which is sought to be established in for- eign countries upon what has taken place in France, he has ordered me to charge you to communicate the contents of this letter to the court at which you are ; and in order to give it the utmost publicity, His Majesty has just ordered the printing of it. Signed, Montmoein. Paris, April 23, 1791. 11. Decree for Abolishing the Industrial Corporations. June 14, 1791. Duvergier, Lois, III, 22. By a decree of March 2, 1791, the Constituent Assembly abol- ished all of the vocation monopolies of the Old R6gime and laid down the principle that "every person shall be free to engage in such business or to practice such profession, art or craft as he shall find profitable." This document is the complement of that decree. In it may be seen the intense feeling against the old vo- cation monopolies and the determination to secure an absolutely free field for individual activity. 1. The suppression of all sorts of corporations of the cit- izens of the same calling and profession being one of the fun- damental baises of the French Constitution, the re-establishment of them under any pretext or any form whatsoever is forbid- den. 2. Citizens of a like calling or profession, employers, shop- keepers, workers and journeymen of a certain trade, shall not, when they shall meet together, name a president, or secretaries, or syndics, nor keep registers, nor pass resolutions or make decisions, nor form regulations for their so-called common in- terests. 3. All the administrative or municipal bodies are forbidden to receive any address or petition under the denomination of a calling or profession or to make any response to such ; and they are enjoined to declare void the deliberations which may have been taken in that manner and to see to it carefully that no effect or execution be given to them. 4. If, contrary to the principles of liberty and the consti- tution, citizens engaged in the same professions, arts and crafts. 44 INDUSTRIAL COEPOEATIONS DECREE should hold deliberations or should make among themselves agreements which aim at refusing in concert or granting only at a settled price the assistance of their skill or their labors, the said decisions and agreements, whether accompanied by an oath or not, are declared unconstitutional, attacks upon lib- erty and the declaration of the rights of man, and of no effect ; the administrative and municipal bodies shall be required to declare them such. The authors, leaders and instigators who shall have provoked, drafted, or presided over them shall be cited before the police tribunal, at the request of the procureur of the commune, condemned to a fine of five hundred livres each and suspended from all the rights of active citizenship and of entrance into the primary assemblies. 5. All administrative and municipal bodies are forbidden, on penalty of their members responding for it in their own names, to employ, to admit or suffer to be admitted to the labors of their professions in any public works those of the employers, workers, and journeymen who shall have suggested or signed the said deliberations or agreements, except in case they have of their own motion presented themselves at the clerk's office of the police tribunal in order to retract or dis- avow them. 6. If the said deliberations or summons, posted placards or circular letters, contain any threats against the employers, artisans, workers, or foreign journeymen who shall come to work in the place, or against those who shall content them- selves with a lower compensation, all authors, instigators, and signatories of the documents or writings shall be punished by a fine of a thousand livres each and three months in prison. 7. Those who shall use threats or violence against workers who use the liberty granted by the constitutional laws to labor and skill shall be prosecuted in a criminal way and punished ■according to the severity of the laws, as disturbers of the pub- lic peace. 8. All mobs composed of artisans, workers, journeymen, day laborers, or those incited by them against the free exer- cise of skill and labor, appertaining to every sort of person and under every kmd of condition, arranged by mutual agreement or agamst the action of the police and the execution of the judgments rendered in this matter, as well as against public THE KING'S FLIGHT 45 sales and auctions of various enterprises, shall be deemed se- ditious mobs and as such shall be dispersed by the depositories of the public force, upon the legal requisition which shall be made upon them, and punished according to all the severity of the laws concerning the authors, instigators and leaders of the said mobs, and all those who shall have committed the real acts and deeds of violence. i2. Documents upon the King's Flight. The flight of Louis XVI to Varennes was one of the most de- cisive events of the Revolution. Historical interest in it lies mainly along two lines. (1) It inspired a widespread distrust oi the King which none of his subsequent professions or a,ctions were able to remove. (2) The absence of the King from Paris forced upon the Constituent Assembly the task of devising a temporary government ; the rggime then established had a large influence in determining the form of government employed after his deposition iu 1792. Document A, which was left to be read after he had gone from Paris, in conjunction with No. 10, throws light upon the tirst of these. The remaining documents exhibit the character of the temporary government. Ekperenchs. Stephens, French Revolution, I, Ch. xv ; Aulard, Revolution Francaise, Part I, Ch. v. A. The King's Declaration. June 20, 1791. Buchez and Roux, Histoire Parlemeniaire, X, 269-274. As long as the King was able to hope to see order and well- being rise again through the means employed by the National Assembly and by his residence near that Assembly, no sacrifice was too expensive ; he would not have even drawn any infer- ence from the lack of liberty, of which he has been deprived since the month of October, 1789 ; but today when the result of all the operations is to see the monarchy destroyed, property violated, the security of persons compromised, in all parts of the empire a complete anarchy, without any appearance of au- thority sufficient to arrest it, the King, after having protested against all the acts emanating from him during his captivity, believes that he ought to put before the eyes of the French a representation of his conduct. In the month of July, 1789, the King, secure in his con- science, did not fear to come among the Parisians. In the month of October of the same year, warned by the movements 46 THE KING'S FLIGHT of the factious, he feared that they would make a pretence of his departure to stir up civil war. Everybody is awara of th° impunity with which crimes were then committed. The King, yielding to the view expressed by the army of the Parisians, came to establish himself at the chateau of the Tuileries. Noth- ing was ready to receive him; and the King, very far from finding the accommodations to which he was accustomed in his other residences, did not even meet with the comforts which persons in easy circumstances procure for themselves. Despite all the constraints, he believed that he ought from the morrow of his arrival to reassure the provinces about his sojourn at Paris. A more painful sacrifice was reserved for him: he was required to send away his body guards, whos: fidelity he had proven. Two had been massacred, several had been wounded in carrying out the order not to fire which they had received. Every art of the factious was employed to cause to be considered in a bad light a faithful wife who was about to fill up the measure of her good conduct : it is like- wise evident that all the machinations were directed against the King himself. It was to the soldiers of the French guards and to the Parisian National Guard that the protection of the King was confided, under the orders of the municipality of Paris, from which the commanding general took his place. The King is thus seen a prisoner in his own dominions , for how could one be called otherwise who saw himself forcibly surrounded by persons whom he suspects ; it is not in order to inculpate the Parisian National Guard that I recall these de- tails, but in order to relate the exact truth; on the contrary, I render justice to its attachment when it has not been led astray by the factious. The King ordered the convocation of the States-General, he granted to the Third Estate' a double representation; the union of the orders, the sacrifices of the twenty-third of June, all that was his work ; but his services have been misunderstood and misconstrued. The moment when the States-General gave itself the name of National Assembly, recalls the maneuvers of the factious in several provinces; it recalls the movements which have been eflfected in order to nullify the provision of the cahiers, which provided that the drawing up of the laws should be done in concert with the King. The Assembly has put the King outside of the con- THE KING'S FLIGHT 47 stitution, in refusing to him the right to sanction the consti- tutional acts, in arranging in that class those which it was pleased to arrange there, and in limiting to the third legisla- ture in any case refusal of sanction. They gave him 25,000,000 which are entirely consumed by the expense that the pomp necessary for his household requires. They left to him the use of certain domains with embarrassing restrictions, thus depriv- ing him of the patrimony of his ancestors ; they took care not to include in his expenses the services rendered to the King, as if they were not inseparable from those rendered to the State. Let one examine the different points of the administra- tion and he will see that the King is removed from it : he has no part in the making of the laws; he can only pray the As- sembly to occupy itself with such and such things. As to the administration of justice, he only causes the decrees of the judges to be forwarded and appoints the commissioners of the King, whose functions are indeed less considerable than those of the former procureurs-generaux. The public prosecution has been devolved upon new officers. There remained one last prerogative, the most attractive of all, that of pardon and of commuting penalties; you have taken it away from the King, it is now the jurors who have it, applying according to their will the sense of the law. This diminishes the royal majesty; the people were accustomed to have recourse there as to a com- mon centre of bounty and beneficence. The internal admin- istration within the departments is embarrassed by wheels which clog the movement of the machine ; the supervision of the mihisters is reduced to nothing. The societies of the Friends of the Constitution are indeed stronger and render null all other actions. The King has been declared'supreme head of the army, nevertheless all the bus- iness has been done by the committees of the National As- sembly without my participation; they have granted to the King the appointment to certain places, yet the choice which he has made has experienced opposition; he has been obliged to revise the employment of the general officers of the army, because the choices were displeasing to the clubs ; it is to these alone that the greater part of the revolts of the regiments ought to be attributed ; when the army no longer respects the officers, it is the terror and scourge of the State; the King has always 48 THE KING'S FLIGHT thought that the officers ought to be punished as the soldiers are, and that the aoors ought to be open to these latter to ob- tain promotions, according to their merit. As to foreign affairs, they have conceded to the King the appointment of the ambas- sadors and tlie conduct of the negotiations; they have taken away from him the right to make war ; nevertheless thfy could not suspect that he would declare it without announcing its purpose. The right to make peace is of a wholly different kind. The King does not wish to act except at one with the nation, but what power will wish to enter into negotiations, when the right of revision is granted to the National As- sembly? Independently of the required secrecy, impossible to preserve in an assembly necessarily deliberating in public, they still like to treat only with a person who can, without any in- terference, conclude the contract. As to the finances, the King had recognized, prior to the States-General, the right of the nation to grant the subsidies, and in this respect he had granted on the 23rd of June all that had been demanded. On the ist of February, the King prayed the Assembly to occupy itself with the finances ; it did so only slowly ; it has not yet the ex- act list of receipts and expenditures ; it -has allowed itself to proceed upon hypothetical calculations; the ordinary taxation is in arrears and the resource of twelve hundred millions of assignats is almost consumed ; it has left to the King, in this matter, only barren appointments ; he knows the difficulty of this administration; and if it were possible that this machine could go on without his direct supervision, his majesty would only regret that he could not diminish the imposts which he desired and would have effected but for the American war. The King has been declared the supreme head of the ad- ministration of the kingdom, yet he can change nothing withr out the decision of the Assembly. The leaders of the dominant party have exhibited such a defiance to the agents of the King, and the penalties inflicted upon the disobedient have given birth to so much uneasiness, that these agents have remained with- out authority. The form of government is especially vicious for two reasons : the Assembly exceeds the limit of its powers, in occupying itself with the administration o.f justice and in- ternal administration ; it exercises through its investigating com- mittees the most barbarous of all despotisms. There have been THE KING'S PLIGHT 49 established associations known under the name of the Friends of the Constitution, which are corporations infinitely more dan- gerous than the former ones ; they deliberate upon all the con- cerns of the government, exercise a power so preponderant that all the bodies, not even excepting the National Assembly it- self, do nothing except by their order. The King does not think that it would be possible to preserve -such a government ; the more they see approaching the end of the labors of the Assembly, the more wise men lose of their confidence in it. The new regulations, instead of applying balm to the wounds, on the contrary aggravate the discontent ; the thousand news- papers and calumniating pamphlets, which are only the echoes of the clubs, perpetuate the disorder and the Assembly has never dared to remedy it; they tend only to a government metaphysical and impossible in the execution. Frenchmen, is it this that you designed in sending your representatives? Do you desire that the despotism of the clubs should replace the monarchy under which the kingdom has prospered during fourteen hundred years ? The love of French- men for their King is reckoned among their virtues. I have had too many touching tokens of it to be able to forget it : the King would not offer the accompanying picture except to trace for his faithful subjects the spirit of the factious. The persons hired for the triumph of M. Necker did not make a show of pronouncing the name of the King; at that time they pursued the Archbishop of Paris ; a courier of the King was stopped, searched, and the letters which he bore were broken open ; during this time the Assembly seemed to insult the King; he was determined to carry to Paris words of peace ; during his journey any cry of Vive le Roi was prevented from being heard. A proposal was even made to carry him off and to put the Queen in a convent, and this; proposal Avas at the momeUL applauded. On the night of the 4th to the sth [of October], when it was proposed to the Assembly to go to hold its sitting with the King, it replied that to transfer itself there was beneath its dignity; from that moment the C"enes of horror were renewed. On the arrival of the King at Paris, an innocent person was massacred almost under his eyes in the very garden of the Tuileries; all those who have spoken against religion and the ^O THE KING'S FLIGHT throne have received triumphal honors. At the federation of the 14th of July, the National Assembly declared that the King was its head ; that was to assert that it could, in consequence, appoint another ; his family was put in a place apart from him- self ; nevertheless it was then that he passed the most pleasant moments of his sojourn at Paris. Afterwards when on account of religion, Mesdames [the King's aunts] wished to repair to Rome, this was opposed, despite the Declaration of Rights; they advanced to Bellevue and afterwards to Arnay-le-Duc where the command of the Assembly was required in order to permit them to proceed, those of the King having been treated with contempt. On the occasion of the riot which the factious incited at Vincennes, the persons who united under the King out of love for him were maltreated, and audacity was pushed even to the breaking be- fore the King of the arms of those who made themselves his guardians. Upon recovering from his illness he was disposed to go to St. Cloud; he was stopped from paying the respect which one owes to the religion of his fathers ; the club of the Cordeliers even denounced him as a breaker of the law ; in vain M. de la Fayette did what he could to protect his depar- ture ; the faithful servants who surrounded him were torn away by violence and he was returned to his prison. Afterwards he was obliged to order the sending away of his clergy, to ap- prove the letter of the ministry to the foreign powers, and to go to the mass of the new cure of Saint-Germain I'Auxerrois. In consequence of all these considerations and the impossibility of preventing the evil, in which the King is, it is natural that he should have sought to place himself in safety. Frenchmen, and you who may be called inhabitants of the good city of Paris, distrust the suggestion of the factious, re- turn to your King, he will always be your friend, when your holy religion shall be respected, when the government shall be laid upon a firm footing, and liberty established upon an enduring foundation. Signed, Louis. Paris, June 20, 1791. P- S. — The King forbids his ministers signing any order in his name, until they have received further orders, and enjoins THE KING'S FLIGHT 51 upon the keeper of the seals to send the seal to him when it shall be required on his part. Signed, Louis. B. Decree for the Maintenance of Public Order. June 21, 1791. Duvergier, Lois, III, 52. The National Assembly declares to the citizens of Paris and to all the inhabitants of the empire, that the same firmness which it has exhibited in the midst of all the difficulties that have attended its labors will control its deliberations upon the occasion of the carrying away of the King and the royal family. It notifies all citizens that the maintenance of the constitution and the safety of the empire have never more imperatively de- manded good order and public tranquility; that the National Assembly has taken the most energetic measures to follow the traces of those who have made themselves guilty of carrying away the King and the royal family ; that, without interrupting its sittings, it will employ every means in order that the pub- lic interest may not suffer from that event; that all citizens ought to rely entirely upon it for the arrangements which the safety of the empire may demand; and that everything which may excite trouble, alarm individuals, or menace property, would be all the more culpable since thereby liberty and ths constitution might be compromised. It orders that the citizens of Paris hold themselves in read- iness to act for the maintenance of public order and the de- fence of the fatherland, in accordance with the orders which will be given them in conformity with the decrees of the Na- tional Assembly. It orders 'the department administrators and the municipal officers to cause the present decree to be promulgated immedi- ately and to look with care to the public tranquility. C. First Decree for Giving Effect to the Measures of the Assembly. June 21, 1791. Duvergier, Lois, III, 52. The National Assembly decrees provisionally and until it shall be otherwise ordered that the decrees rendered by it shall be carried into effect by the present ministers, and that the Minister of Justice is commanded to affix the seal of the State to them, unless there is need of the sanction or the acceptance of the King. 52 THE KING'S FLIGHT D. Second Decree for Giving Effect to the Measures of the Assembly. June 22, 1791. Duvergier, Lois, III, S3- The National Assembly decrees as follows : 1. The decrees of the National Assembly already rendered which may not have been sanctioned or accepted by the King, as well as the decrees to be rendered which cannot be sanc- tioned or accepted, by reason of the absence of the King, shall nevertheless bear the name and have within the entire extent of the kingdom the force of laws, and the customary formula shall continue to be employed for them. 2. The Minister of Justice is commanded to affix the seal of the State, unless there should be need of the sanction or the acceptance of the King, and to sign the drafts of the decrees which must be deposited in the national archives and in those of the chancellery, as well as the copies of the laws which must be sent to the tribunals and administrative bodies. 3. The ministers are authorised to meet in order to form- ulate and sign collectively proclamations and other acts of the same nature. E. Decree upon the Oath of Allegiance. June 22, 1791. Duvergier, Lois, III, SS- The National Assembly decrees as follows : 1. That the oath ordered on June 11 and 13, the present month, shall be taken in the following form : "I swear to employ the arms placed in my hands for the defence of the fatherland and to maintain against all its ene- mies within and without the constitution decreed by the Na- tional Assembly; to perish rather than to suffer the invasion of French territory by foreign troops, and to obey only the orders which shall be given in consequence of the decrees of the National Assembly." 2. That commissioners, taken from within the body of the Assembly, shall be sent into the frontier departments in order to receive there the above-mentioned oath, a record of which shall be drawn up, and to concert there with the administrative bodies and the commanders of the troops the measures which they think suitable for the maintenance of public order and the THE KING'S FLIGHT 53 security of the State, and to make for that purpose all the necessary requisitions. F. Decree concerning the King. June 25, 1791. Du- vergier, Lois, III, 64. I. As soon as the King shall have arrived at the chateau of the Tuileries he shall temporarily be given a guard, which, under the orders of the commanding general of the Parisian National Guard, shall look after his security and shall be re- sponsible for his person. 5. Until it shall have been otherwise ordered, the decree rendered on the 21st of this month, which ordered the Minister of Justice to affix the seal of the State to the decrees of the National Assembly, unless there should be need of the sanc- tion or the acceptance of the King, shall continue to be car- ried out in all of its provisions. •6. The ministers, the director of the Public Treasury, un- til the entrance into office of the commissioners of the Nation- al Treasury, the commissioner of the King for the extraordin- ary and liquidation fund are likewise authorised, provisionally to continue to perform, each in his own department and under his responsibility, the functions of the executive power. G. The Protest of the Right. June 29, 1791. Buchez and Roux, Histoire Parlementaire, X, 433-437. The decrees of the National Assembly hav« united in it the whole royal power : the seal of the State has been deposited upon its table; its decrees are rendered executory without hav- ing need of sanction ; it gives direct orders to all the agents of the executive power ; it causes to be taken in its name oaths in which Frenchmen do not even find the name of their king; commissioners who have received their commission from it alone travel over the provinces in order to receive the oaths which it requires and to give orders to the army: thus at the moment in which the inviolability of the sacred person of the monarch has been annihilated, the monarchy has been de- ^4 THlU PADUA CIRCULAR stroyed and even the semblance of royalty no longer exists; a republican interim is substituted for it. H. Decree concerning the King. July l6, 1791. Duver- gier, Lois III, 111-112. 1. If the King, after having taken his oath to the consti- tution, retracts it, he shall be considered to have abdicated. 2. If the King puts himself at the head of an army in order to direct its forces against the nation, or, if he orders his gen- erals to carry into effect such a project, or finally, if he does not by a formal act put himself in opposition to any action of that sort which may be conducted in his name, he shall be considered to have abdicated. ,3. A king who shall have abdicated, or who shall be considered to have done so, shall become a simple citizen and he shall be accusable, according to the customary forms, for all offences subsequent to his abdication. 4. The effect of the decree of the 25th of last month, which suspends the exercise of the royal functions and the functions of the executive power in the hands of the King, shall continue only until the moment when, the constitution being completed, the entire constitutional act shall have been presented to th.; King. 13. The Padua Circular. July 5 or G, 1791. Vivenot, KaiserpoliWk Oesterrcichs, I, 185- 186. This circular letter to tlie principal sovereigns of Europe was sent by the Emperor, Leopold II, as soon as he learned of the fail- ure of the King's flight. It was only the amplification of ideas which he had already broached in less formal communications. In France there was suspicion that efforts were being made to form such a concert as the circular suggests, but this document was kept a profound secret. None of the powers responded favor- ably, except Prussia. Rbfbeen'CES. Clapham, Causes of the War of 1702, 48-57 ; Sorel, L'Burope et la Bevoluiion FrancaAse, II, 228-230. I am persuaded that Your Majesty will have learned of the unprecedented outrage of the arrest of the King of France, THE PADUA CIRCULAR ss of my sister the Queen, and of the royal family, with as much surprise and indignation as I have, and that your sentiment? cannot diiler from mine upon an event which, causing fear of the most horrible results yet to come and implanting the seal of illegality upon the excesses which have previously taken place in France, compromises directly the honor of all the sov- ereigns and the safety of all the governments. Determined to carry into effect what I owe to these con- siderations, and as head of the Germanic Body by its selection, and as sovereign of the Austrian States, I propose to the Kings of Spain, England, Prussia, Naples, and Sardinia, as well as to the Empress of Russia, to determine to unite among themselves and with me for counsel, co-operation and meas- ures, in order to restore the liberty and honor of the Most Christian King and of his family and to put limits to the dan- gerous extremities of the French revolution. The most pressing [measure] seems to be that we should all unite in order to cause to be delivered by our ministers in France a common declaration, or similar and simultaneous declarations, which may cause the leaders of the violent party to come to themselves and may prevent desperate resolutions, still leaving open to them ways for an honest repentance and the pacific establishment of a state of things in France which pre- serves at least the dignity of the crown and the essential con- siderations of the general tranquility, and I propose for that purpose to Your Majesty the draft which you will find an- nexed and which appears to me to accomplish these aims. But as the success of such a declaration may be problem- atical, and as one can promise complete success only on condi- tion of being ready to sustain it by sufficiently respectable means, my minister to Your Majesty will receive immediately the necessary instructions to enter with your minister upon such concert of vigorous measures as the circumstances may demand, reserving to myself to cause him to communicate also the replies which I shall receive from the other Powers, as soon as they shall have reached me. I regard as an infinitely precious advantage that the dis- positions which they all manifest for the re-establishment of repose and harmony promise to remove the obstacles which might be injurious to unanimity of views and sentiments about 56 THE PADUA CIECULAE an occurrence which involves closely the well being of all Europe. Signed, Leopold. Project of the Common Declaration. Padua, July 5 or 6, 1791. The undersigned are charged to make known what follows on the part of their respective sovereigns : That, notwithstanding the notorious deeds of constraint and violence which have preceded and followed the acts of consent granted by the King of France to the decrees of the National Assembly, they had nevertheless still wished to suspend their opinion upon the degree to which that consent represented or did not represent the conviction and free will of His Most Christian Majesty; but the effort undertaken by that prince to set himself at liberty, being a most manifest proof of the state of confinement in which he formerly found himself, no longer left any doubt that he had been made to do violence to his religiop in several respects, at the same time that the last attack in his actual arrest and that of the Queen, the Dauphin and Madame Elizabeth, inspires just alarms about the ultimate projects of the dominant party; That the said sovereigns cannot delay any longer to mani- fest the sentiments and resolutions which in this state of things the honor of their crowns, the ties of blood, and the main- tenance of the public order and tranquility of Europe require of them : they have ordered their undersigned ministers to de- clare : That they ask that this prince and his family may be im- mediately put at liberty and they claim for all these royal per- sons the inviolability and respect which the law of nature and men imposes upon subjects towards their princes; That they will unite in order to avenge in a striking man- ner subsequent attacks which may be committed or may be allowed to be committed against the security, the person and honor of the King, Queen, and royal family; That, finally, they will recognize as law and constitution legally established in France only those which they shall find provided with the voluntary consent of the King, in enjoyment of a perfect liberty; but that in the contrary case, they will THE DECLARATION OP PILNITZ 57 employ in concert all the means placed in their power to cause to cease the scandal of a usurpation of power which bears the character of an open revolt, and of which it is important for all governments to check the disastrous example. 14. The Declaration of Pilnitz. August 27, :791. Vivenot, KaiserpoUtik OesterrQicIis, I, 234. Translation, James Harvey Robinson, University of Jfenusylvaida Translations and Reprints. This document was tlie only direct result of No. 13. It seems certain that the signatories, the sovereigns ot Austria and Prus- sia, attached but little importance to it. For them the qualify- ing words were the emphatic ones. This, however, was not thor- oughly understood in France, and a little later the declaration was an important factor in persuading the French people that they must fight Europe in order to prevent interference with the course of the Revolution in France. Rbfeeences. Clapham, Causes of the War of 170Z, 76-82 ; Von Sybel, French Revolution, 361-368 ; Sorel, L' Europe et la Revolu- tion Francaisc, I, 252-264. His Majesty, the Emperor, and his Majesty, the King of Prussia, having given attention to the wishes and representa- tions of Monsieur (the brother of the King of France), and of M. le Comte d'Artois, jointly declare that they regard the present situation of his majesty the King of France, as a matter of common interest to all the sovereigns of Europe. They trust that this interest will not fail to be recognized by the powers, whose aid is solicited, and that in consequence they will not refuse to employ, in conjunction with their said majesties, the most efficient means in proportion to their re- sources to place the King of France in a position to establish, with the most absolute freedom, the foundations of a monar- chical form of government, which shall at once be in harmony with the rights of sovereigns and promote the welfare of the French nation. In that case [Alors et dans ce cas] their said majesties the Emperor and the King of Prussia are resolved to act promptly and in common accord with the forces neces- sary to obtain the desired common end. In the meantime they will give such orders to their troops 58 CONSTITUTION OF 1791 as are necessary in order that these may be in a position to bi called into active service. Leopold. Frederick William. Pilnit::, August 27, 1791. 15. Constitution of 1791. September .3, 1791. Unvergier, Lois, III, 230-255. This constitution represents a large part of tlie labors of the Constituent Assembly. Many of its provisions had already been put into operation by separate decrees. It was given its final shape during the ten weel£S following the return of the King to Paris and shows many traces of the conservative reaction of that period. A careful study of it will throw light upon many features of the Revolution. •* Befekences. Lavisse and Eambaud, IHstowe Generate, VIII, 73-79. Of contemporary estimates the most famous are Burlte's Reflections on the Revolution in Prance (a strongly adverse view), and Maclcintosh's reply, Vindiciae Oallicae, or Defence of the French Revolution, Declaration of the Rights of Man and Citizen. •The representatives of the French people, organized in National Assembly, considering that ignorance, forgetfulness or contempt of the rights of man are the sole causes of the public miseries and of the corruption of governments, have resolved to set forth in a solemn declaration the, natural, in- alienable, and sacred rights of man, in order that this declara-"! tion, being ever present to all the members of the social bodyjjj may unceasingly remind them of their rights and their duties ! : in order that the acts of the legislative power and those of the executive power may be each moment compared with the aim of every political institution and thereby may be more respect- ed; and in order that the demands of the citizens, grounded henceforth upon simple and incontestable principles, may al- ways take the direction of maintaining the constitution and the welfare of all. In consequence, the National Assembly recognizes and de- clares, in the presence and under the auspices of the Supreme Being, the following rights of man and citizen. \\ I. .Men are born and remain free and eqiial in rights. So- cial distinctions can be based only upon public utility. CONSTITUTION OF 1791 59 ^ 2. The aim of every political association is the preserva- tion of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to op- pression. 3. The source of all sovereignty is essentially in the na- tion; no body, no individual can exercise authority that does not proceed from it in plain terms. \ 4. Liberty consists in the power to do anything that does not injure others; accordingly, the exercise of the natural rights of each man has for its only limits those that secure to the other members of society the enjoyment of these same rights. These limits can be determined only by law. 5. The law has the right to forbid only such actions as are injurious to society. Nothing can be forbidden that is . not interdicted by the law and no one can be constrained to do that which it does not order. ' 6. Law is the expression of the general will. All citi- zens have the right to take part personally or by their repre- sentatives in its formation. It must be the same for all, wheth- er it protects or punishes. All citizens being equal in its eyes, are equally eligible to all public dignities, places, and employ- ments, according to their capacities, and without other dis- tinction than that of their virtues and their talerits. ' 7. No man can be accused, arrested, or detained except in the cases determined by the law and according to the forms that it has prescribed. Those who procure, expedite, execute, or cause to be executed arbitrary orders ought to be punished : but every citizen summoned or seized in virtue of the law ought to render instant obedience ; he makes himself guilty by resistance. ^- 8. The law ought to establish only penalties that are strict- ly and obviously necessary and no one can be punished except in virtue of a law established and promulgated prior to the offence and legally applied. \' 9. Every man being presumed innocent until he has been pronounced guilty, if it is thought indispensable to arrest him, all severity that may not be necessary to secure his per- son ought to be strictly suppressed by law. ID. No one ought to be disturbed on accour.t of his opin- 6o CONSTITUTION OF 1791 ions, even religious, provided their manifestation does not derange the public order established by law. 11. The free communication of ideas and opinions is one of the most precious of the rights of man; every citizen then can freely speak, write, and print, subject to responsibility for the abuse of this freedom in the cases determined by law. 12. The guarantee of the rights of man and citizen re- quires a public force; this force then is instituted for the ad- vantage of all and not for the personal benefit of those to whom it is entrusted. ' 13. For the maintenance of the public force and for the expenses of administration a general tax is indispensable; it ought to be equally apportioned among all the citizens accord- ing to their means. 14. All the citizens have the right to ascertain, by them- selves or by their representatives, the necessity of the public tax, to consent to it freely, to -follow the employment of it, and to determine the quota, the assessment, the collection, and the duration of it. I 15. Society has the right to call for an account from every public agent of its administration. , 16. Any society in which the guarantee of the rights is not secured oV the separation of powers not determined has no constitution at all. 17. Property being a sacred and inviolable right, no one can be deprived of it unless a legally established public neces- sity evidently demands it, under the condition of a just and prior indemnity. French Constitution. ' The National Assembly, wishing to establish the French Constitution upon the principles that it has just recognized and declared, abolishes irrevocably the institutions that have injured liberty and the equality of rights. There is no longer nobility, nor peerage, nor hereditary distinctions, nor distinction of orders, nor feudal regime, nor patrimonial jurisdictions, nor any titles, denominations or prerogatives derived therefrom, nor any order of chivalry, nor any corporations or decorations which demanded proofs of nobiHty or that were grounded upon distinctions of birth nor CONSTITUTION OF 1791 6l any superiority other than that of public officials in the exer- cise of their functions. There is no longer either sale or inheritance of any public office. There is no longer for any part of the nation nor for any individual any privilege or exception to the law that is com- mon to all Frenchmen. There are no longer jurandes, nor corporations of profes- sions, arts, and crafts. The law no longer recognizes religious vows nor any other obligation which may be contrary to natural rights or the constitution. TITLE I. FUNDAMENTAL PROVISIONS GUARANTEED BY THE CONSTITUTION. The constitution guarantees as natural and civil rights : 1. That all the citizens are eligible to offices and employ- ments without any other distinction than that of virtue and talent ; 2. That all the taxes shall be equally apportioned among all the citizens in proportion to their means. 3. That like offences shall be punished by like penalties, without any distinction of persons. The constitution likewise guarantees as natural and civil rights : Liberty to every man to move about, to remain, and to de- part without liability to arrest or detention, except according to the forms determined by the constitution ; Liberty to every man to speak, to write, to print and pub- lish his ideas without having his writings subjected to any censorship or inspection before their publication, and to fol- low the religious worship to which he is attached; Liberty to the citizens to meet peaceably and without arms, in obedience to the police laws ; Liberty to address individually signed petitions to the con- stituted authorities. The legislative power cannot make any law that attacks and impedes the exercise of the natural and civil rights con- tained in the present title and guaranteed by the constitution; but as liberty consists only in the power to do anything that 62 CONSTITUTION OF 17D1 is not injurious lo the rights of others or to the public secur- ity, the law can establish penalties against acts which, in at- tacking the public security or the rights of others, may be injurious to society. The constitution guarantees the inviolability of property or a just and prior indemnity for that of which a legally estab- lished public necessity may demand the sacrifice. Property intended for the expenses of worship and for all services of public utility belongs to the nation and is at all times at its disposal. The constitution guarantees the alienations ithat have been or that shall be made under the forms established by law. The citizens have the right to elect or choose the ministers of their religious sects. There shall be created and organized a general establish- ment of public relief to bring up abandoned children, to relieve infirm paupers, and to provide work for the able-bodied poor who may not have been able to obtain it for themselves. There shall be created and organized a system of public instruction, common to all citizens, gratuitous as regards the parts of education indispensable for all men, and whose es- tablishments shall be gradually distributed in accordance with the division of the kingdom. There shall be established national fetes to preserve the memory of the French Revolution, to maintain fraternity among the citizens, and to attach them to the constitution, the fatherland, and the laws. A code of civil laws common to all the kingdom shall be made. TITLE II. OF THE DIVISION OF THE KINGDOM AND OF THE CONDITION OF THE CITIZENS. 1. The kingdom is one and indivisible ; its territory is di- vided into eighty-three departments, each department into dis- tricts, each district into cantons. 2. French citizens are: Those who are born in France of a French father; Those who, born in France of a foreign father, have fixed their residence in the kingdom ; Those who, born in a foreign country of a French father, CONSTITUTION OF 1791 63 have become established in France and have taken the civic oath; Lastly, those who, born in a foreign country and descend- ed in any degree whatsoever from a French man or a French woman expatriated on account of religion, may come to live in France and take the civic oath. 3. Those residing in France, who were born outside of the kingdom from foreign parents, become French citizens after five years of continued domicile in the kingdom, if they have in addition acquired real estate or married a French woman, or formed an agricultural or commercial establish- ment, and have taken the civic oath. 4. The legislative power shall be able, for important con- siderations, to give to a foreigner a certificate of naturaliza- tion without other conditions than the fixing of his domicile in France and the taking of the civic oath. 5. The civic oath is : / swear to he faithful to the nation, the law, and the King, and to maintain with all my power the constitution of the kingdom decreed by the National Con- stituent Assembly in the years 1789, 1790, and 1791. 6. The title to French citizenship is lost : 1st. By naturalization in a^ foreign country; 2d. By condemnation to the penalties which involve civic degradation, as long as the condemned is not rehabilitat- ed ; 3d. By a judgment of contempt of court, as long as the judgment is not annulled ; 4th. By affiliation with .any foreign order of knighthood, or with any foreign organization which may imply proofs of nobility or distinctions of birth, or which may demand religious vows. 7. The law considers marriage as only a ofivil contract. The legislative power shall establish for all inhabitants, without distinction, the manner in which births, marriages, and deaths shall be recorded and it shall designate the public officers who shall receive and preserve the records thereof. 8. The French citizeiis, considered in their local relations arising, from their union into cities and into certain districts of rural territory, form communes. The legislative power shall fix the extent of the district of each commune. 64 CONSTITUTION OF 1791 9. The citizens who compose each commune have the right to elect at stated times and according to the forms fixed by law those among themselves, who, under the title of muni- cipal officers, are charged to carry on the particular affairs of the commune. Some functions related to the interests of the State can be delegated to the municipal officers. 10. The regulations which the municipal officers shall be required to follow in the exercise of their municipal functions, as well as those which have been delegated to them for the general interest, shall be fixed by the laws. TITLE III. OF THE PUBLIC POWERS. 1. Sovereignty is one, indivisible, inalienable, and im- prescriptible : it belongs to the nation : no section of the peo- ple nor any individual can attribute to himself the exercise thereof. 2. The nation, from which alone emanates all the powers, can exercise them only by delegation. The French constitution is representative; the representa- tives are the Legislative Body and the King. 3. The legislative power is delegated to one National As- sembly, composed of temporary representatives freely elected by the people, in order to be exercised by it with the sanction of the King in the manner which shall be determined here- inafter. 4. The government is monarchical : the executive power is delegated to the King, in order to be exercised under his authority by ministers and other responsible agents, in the manner which shall be determined hereinafter. 5. The judicial power is delegated to judges elected at stated times by the people. Chapter I. Of the National Legislative Assembly. 1. The National Assembly, forming the Legislative Body, is permanent and is composed of only one chamber. 2. It shall be formed every two years by new elections. Each period of two years shall constitute a legislature. 3. The provisions of the preceding article shall not oper- ate with respect to the next Legislative Body, whose powers shall cease the last day of April, 1793. CONSTITUTION OP 1791 65 4. The renewal of the Legislative Body takes place with perfect right. 5. The Legislative Body shall not be dissolved by the King. Section I. Number of the representatives. — Basis of re- presentation. 1. The number of representatives in the Legislative Body is seven hundred and forty-five, by reason of the eighty-three departments of which the realm is composed, and independ- ently of those who may be granted to the colonies. 2. The representatives shall be distributed among the eighty-three departments according to the three proportions of territory, population, and direct tax. V 3. Of the seven hundred and forty-five representatives, two hundred and forty-seven are accredited for territory. Each department shall select three of these, with the ex- ception of the department of Paris which shall select but one. 4. Two hundred and forty-nine are accredited for popula- tion. The total mass of the population of the kingdom is divided into two hundred and forty-nine parts, and each department selects as many deputies as it has parts of population. 5. Two hundred and forty-nine representatives are ac- credited for the direct tax. The sum total of the direct tax of the kingdom is likewise divided into two hundred and forty-nine parts, and each de^ partment selects as many deputies as it pays parts of the tax. Section IL Primary assemblies. — ^Selection of the electors. 1. In order to form the National Legislative Assembly the active citizens shall meet every two years in primary as- semblies in the cities and cantons. The primary assemblies shall constitute themselves with perfect right on the second Sunday of March, if they have not been convoked earlier by the public functionaries determ- ined by the law. 2. In order to be an active citizen it is necessary to be born or to become a Frenchman ; to be fully twenty-five years of age; to be domiciled in the city or in the canton for the time fixed by the law; 66 CONSTITUTION OF 1791 To pay in some place of the kingdom a direct tax at the least equal to the value of three days of labor, and to present the receipt therefor; Not to be in a state of domestic service, that is to say, not to be a servant for wages ; To be registered upon the roll of the national guards in the municipality of his domicile; To have taken the civic oath. 3. Every six years the Legislative Body shall fix the min- imum and the maximum of the value of a day's labor, and the department administrators shall make the local determination thereof for each department. 4. No one shall be able to exercise the rights of an active citizen in more than one place or to cause himself to be repre- sented by another. 5. The following are excluded from the exercise of the rights of active citizenship : Those who are under indictment ; Those who, after having been declared to be in a state of bankruptcy or insolvency, proven by authentic documents, do not procure a general discharge from their creditors. 6. The primary assemblies shall select electors in propor- tion to the number of active citizens domiciled in the city or canton. There shall be one elector selectefl by virtue of one hundred active citizens, whether present at the assembly or not. There shall be two selected for one hundred and fifty-one up to two hundred, and so on. 7. No one can be chosen an elector if he does not unite with the conditions necessary to be an active citizen, the fol- lowing : In the cities over six thousand souls, that of being proprie- tor or usufructuary of an estate valued upon the tax rolls at a at a revenue equal to the local value of two hundred days of labor, or of being the occupant of a habitation valued upon the same rolls at a revenue equal to the value of a hundred and fifty days of labor; In cities under six thousand souls that of being proprietor or usufructuary of an estate valued upon the tax rolls at a revenue equal to the local value of a hundred and fifty days CONSTITUTION OF 179] 67 of labor, or of being the occupant of a habitation valued upon the same rolls at a revenue equal to the value of a hundred days of labor. And in the country, that of being the proprietor or usu- fructuary of an estate valued upon the tax rolls at a revenue equal to the local value of one hundred and fifty days of labor, or that of being the farmer or metayer of estates valued upon the same rolls at the value of four hundred days of labor. With respect to those who shall at the same time be pro- prietors or usufructuaries for one part and occupants, farmers or metayers for another, their means by these different titles shall be cumulated up to the amount necessary to establish their eligibility. Section III. Electoral assemblies. — Selection of repre- sentatives. 1. The electors chosen in each department shall assemble in order to elect the number of representatives whose selection shall be assigned to their department and a number of sub- stitutes equal to a third of that of the representatives. The electoral assemblies shall constitute themselves with perfect right on the last Sunday in March, if they have not been convoked earlier by the public functionaries determined by the law. 2. The representatives and the substitutes shall be elected by majority of the votes, and they shall be chosen only from among the active citizens of the department. 3. All active citizens, whatever their condition, profession, or tax, can be elected representatives of the nation. 4. Nevertheless, the ministers and the other agents of the executive power removable at pleasure, the commissioners of the national treasury, the collectors and receivers of the direct taxes, the overseers of the collection and administration of the indirect taxes and the national domains, and those who, un- der any denomination whatsoever, are attached to the military and civil household of the King, shall be obliged to choose [between their offices and that of representative]. The administrators, sub-administrators, municipal officers, and commandants of the national guards shall likewise be re- quired to choose [between their offices and that of represent- ative]. 6g CONSTITUTION OF 1791 5. The exercise of judicial functions shall be incompatible with that of representative of the nation for the entire duration of the legislature. The judges shall be replaced by their substitutes, and the King shall provide by commissionary warrants for the replac- ing of his commissioners before the tribunals. 6. The members of the Legislative Body can be re-elected to the following legislature, and they can be elected thereafter only after the interval of one legislature.' 7. The representatives selected in the departments shall not be the representatives of one particular department, but of the entire nation, and no instructions can be given them. Section IV. Meeting and government of the primary elec- toral assemblies. 1. The functions of the primary and electoral assemblies are confined to election; they shall separate immediately after the elections have taken place and they shall not form them- selves again unless they shall be convoked, except in the case of the 1st article of section 11 and of the ist article of section III above. 2. No active citizen can enter or cast his vote in an as- sembly, if he is armed. 3. The armed force shall not be introduced into its midst without the express wish of the assembly, unless violence is committed there; in that case the order of the president shall suffice to summon the public force. 4. Every two years there shall be drawn up in each dis- trict lists by cantons of the active citizens, and the list of each canton shall be published and posted there two months before the date of the primary assembly. The complaints which shall arise, either to contest the qualifications of the citizens placed upon the list or on the part of those who shall allege that they are unjustly omitted, shall be brought before the tribunals in order to be passed upon there summarily. The list shall serve as the rule for the admission of the cit- izens in the next primary assembly in everything that shall not have been rectified by the judgments rendered before the hold- ing of the assembly. CONSTITUTION OF 1791 gp 5. The electoral assemblies have the right to verify the qualifications and the powers of those who shall present them- selves there, and their decisions shall be carried out provision- ionally, saving the judgment of the Legislative Body at the time of the verification of the powers of the deputies. 6. In no case and under no circumstances shall the King or any of the agents appointed by him be able to assume jur- isdiction over questions relative to the regularity of the con- vocations, to the holding of the assemblies, to the form of the elections, or to the political rights of the citizens, without prejudice to the functions of the commissioners of the King in the cases determined by the law where questions relative to the political rights of citizens must be brought hefore the tribunals. Section V. Meeting of the representatives in National Legislative Assembly. 1. The representatives shall meet on the first Monday of the month of May in the place of the sittings of the last legis- lature. 2. They shall form themselves provisionally in assembly under the presidency of the oldest member in point of age, in order to verify the powers of the representatives present. 3. As soon as there shall be verified members to the num- ber of three hundred and seventy-three they shall constitute themselves under the title of National Legislative Assembly; it shall name a president, a vice-president, and secretaries, and shall begin the exercise of its functions. 4. During the entire course of the month of May, if the number of the representatives present is under three-hundred and seventy-three, the Assembly shall not be able to perform any legislative act. It can pass an order requiring the absent members to re- pair to their duties within the period of fifteen days at the lat- est, upon penalty of 3,000 liztres fine, if they do not present an excuse which shall be pronounced legitimate by the Assembly. 5. On the last day of May, whatever may be the number of the members present, they shall constitute themselves into National Legislative Assembly. 6. The representatives shall pronounce in unison, in the name of the French people, the oath to live free or to die. 70 CONSTITUTION OF 1791 They shall afterwards individually take the oath to main- tain with all their power the constitution of the kingdom, de- creed by the National Constituent Assembly, in the years 1789, 1790, and 1791; and not to propose nor to consent %mthin the course of the legislature to anything which can injure it, and to be in everything faithful to the nation, the law, and the King. 7. The representatives of the nation are inviolable : they cannot be questioned, accused, nor tried at any time for what they have said, written, or done in the exercise of their func- tions as representatives. 8. They can, for criminal acts, be seized in the very act or in virtue of a warrant of arrest; but notice shall be given thereof without delay to the Legislative Body; and the pros- ecution can be continued only after the Legislative Body shall have decided that there is occasion for accusation. Chapter IL Of the Royalty, the Regency, and the Ministers. Section 1. O'f the royalty and the King. 1. Royalty is indivisible and is delegated hereditarily to the ruling family, from male to male, by order of primogeni- ture, to the perpetual exclusion of females and their descend- ants. (Nothing is presumed about the effect of renunciations in the actually ruling family.) 2. The person of the King is inviolable and sacred : his only title is King of the French. 3. There is no authority in France superior to that of the law; the King reigns only by it and it is only in the name of the law that he can demand obedience. 4. The King, upon his accession to the throne or as soon as he shall have attained his majority, shall take to the na- tion, in the presence of the Legislative Body, the oath to be faithful to the nation and the law, to employ all the power which is delegated to him to maintain the constitution decreed by the National Constituent Assembly in the years 1781), 1790, and 1791, and to cause the laws to be executed. If the legislative body is not assembled Ihe King shall CONSTITUTION OF 1791 71 cause a proclamation to be published, in which shall be set forth this oath and the promise to reiterate it as soon as the Legislative Body shall assemble. 5. If, one month after the invitation of the Legislative Body, the King shall not have taken this oath, or if, after hav- ing taken it, he retracts it, he shall be considered to have abdi- cated the royalty. 6. If the King puts himself at the head of an army and directs the forces thereof against the nation, or if he does not by a formal instrument place himself in opposition to any such enterprise which may be conducted in his name, he shall be considered to have abdicated the royalty. 7. If the King, having left the kingdom, should not return after the invitation which may be made to him for that pur- pose by the Legislative Body and within the period which shall be fixed by the proclamation, which cannot be less than two months, he shall be considered to have abdicated the royalty. The period shall begin to run from the day when the pro- clamation of the Legislative Body shall have been published in the place of its sittings ; and the ministers shall be required under their responsibility to perform all the acts of the ex- ecutive power, whose exercise shall be suspended in the hands of the absent King. 8. After the express or legal abdication, the King shall be in the class of citizens and can be accused and tried like them for acts subsequent to his abdication. 9. The individual estates which the King possesses upon his accession to the throne are irrevocably united to the do- main of the nation : he has the disposal of those which he ac- quires by personal title; if he does not dispose of them they are likewise imited at the end of the reign. 10. The nation provides for the splendor of the throne by c. civil list, of which the Legislative Body shall -determine the sum at each change of reign for the entire duration of the reign. 11. The King shall appoint an administrator of the civil list, who shall conduct the judicial actions of the King, and against whom all the actions against the King shall be direct- ed and judgments pronounced. The judgments obtained by the -2 CONSTITUTION OF 1791 creditors of the civil list shall be executory against the admin- istrator personally and upon his own estates. 12. The King shall have, independently of the guard of honor which shall be furnished him by the citizen national guards of the place of his residence, a guard paid out of the funds of the civil list; it shall not exceed the number of twelve hundred infantrymen and six hundred cavalrymen. The grades and the regulations for promotion in it shall be the same as in the troops of the line ; but those who shall com pose the guard of the King shall advance for all the grades ex- clusively among themselves, and they cannot obtain any of those in the army of the line. The King can choose the men of his guard only from among those who are actually in active service in the troops of the line, or from among the citizens who for a year past have done service as national guards, provided they be resi- dents of the kingdom and have previously taken the civic oath. The guard of the King cannot be ordered or requisitioned for any other public service. Section II. Of the regency. 1. The King is a minor until he is fully eighteen years old; and during his minority there is a regent of the kingdom. 2. The regency belongs to the kinsman of the King near- est in degree, according to the order of inheritance to the throne, and fully twenty-five years of age, provided that he be French and native born, that he be not heir presumptive of an- other crown, and that he has previously taken the civic oath. Women are excluded from the regency. 3. If a minor King has no kinsman uniting the qualifica- tions above set forth, the regent of the kingdom shall be elect- ed as provided in the following articles. 4. The Legislative Body cannot elect the regent. 5. The electors of each district shall meet at the head- town of the district, according to a proclamation which shall be made in the first week of the new reign by the Legislative Body, if it is assembled ; and if it is separated, the minister of justice shall be required to issue this proclamation within the same week. CONSTITUTION OF 1791 11 6. The electors in each district shall appoint, by individual ballot and majority of the votes, an eligible citizen domiciled within the district, to whom they shall give, by the minutes of the election, a special mandate limited to the single function of electing the citizen whom he shall judge, upon his soul and his conscience, the most worthy to be elected regent of the realm. 7. The mandatory citizens appointed by the districts shall be required to meet in the city where the Legislative Body is to hold its sitting, on the fortieth day at the latest from the accession of the minor King to the throne, and they shall form the electoral assembly which shall proceed to the appointment of the regent. 8. The election of the regent shall be made by individual ballot and by majority of the votes. 9. The electoral assembly shall be able to occupy itself only with the election and shall separate as soon as the election shall be concluded ; any other act which it may undertake to do is declared unconstitutional and void. ID. The electoral assembly shall cause the minutes of the election to be presented by its president to the Legislative Body, which, after having verified the regularity of the election, shall cause it to be published in all the kingdom by a proclamation. 11. The regent exercises, until the majority of the King, all the functions of royalty, and he is not personally respon- sible for the acts of his administration. 12. The regent can begin the exercise of his functions only after having taken to the nation, in the presence of the Legis- lative Body, the oath to he faithful to the nation, the law, and the King; to employ all the power delegated to the King, and the exercise of which is confided to him during the minority of the King, to maintain the constitution decreed by the National Constituent Assembly in the years 1789, 1790, avd 1791, and to cause the laws to be executed. If the Legislative Body is not assembled, the regent shall cause a proclamation to be published in which shall be ex- pressed this oath and the promise to repeat it as soon as the Legislative Body shall be assembled. 13. As long as the regent has not entered upon the exer- cise of his functions, the sanction of the laws remains sus- 74 CONSTITUTION OF 1791 pended; the ministers continue to perform under their respon sibility all the acts of the executive power. 14. As soon as the regent shall have taken the oath, the Legislative Body shall determine his stipend, which cannot be changed during the continuance of the regency. 15. If, on account of the minority of the kinsman sum- moned to the regency, it shall have devolved upon a more remote kinsman, or shall have been bestowed by election, the regent who shall have entered upon the exercise of it shall continue his functions until the majority of the King. 16. The regency of the kingdom does not confer any right over the person of the minor King. 17. The custody of the minor King shall be confided to his mother; and if he has no mother, or if she has been married again at .the time of the accession of her son to the throne, or if she marries again during the minority, the custody shall be bestowed by the Legislative Body. Neither the regent and his descendants, no^r women, can be elected to the guardianship of the minor King. 18. In case of notoriously recognized insanity of the King, legally established and declared by the Legislative Body after three deliberations taken successively from month to month, there shall be occasion for a regency as long as the insanity lasts. Section III. Of the family of the King. 1. The heir presumptive shall bear the name of Prince Royal. He cannot leave the kingdom without a decree of the Leg- islative Body and the consent of the King. If he does leave it, and if, having reached the age of eigh- teen years, he does not return to France after having been required to do so by a proclamation of the Legislative Body, he is considered to have abdicated the right of succession to' the throne. 2. If the heir presumptive is a minor, the kinsman of full age first summoned to the regency is required to reside within the kingdom. In case he may have left it and should not return > upon the requisition of the Legislative Body, he shall be considered to have abdicated his right to the regency. CONSTITUTION OF 1791 75 3. The mother of the minor King, having his custody, or tlie elected guardian, if they leave the kingdom, are deprived of the custody. If the mother of the minor heir presumptive should leave the realm, she cannot, even after her return, have the custody of her minor son who has become. King, except by a decree of the Legislative Body. 4. A law shall be made to govern the education of the minor King and that of the heir presumptive. 5. The members of the family of the King entitled to the eventual succession to the throne enjoy the rights of active citizenship, but they are not eligible to any of the places, em- ployments, or functions which are at the disposal of the people. W,ith the exception of the departments of the ministry, they are eligible to the places and employments at the disposal of the King ; nevertheless, they shall not command in chief any military or naval forces, nor fulfill the functions of am- • bassadors, except with the consent of the Legislative Body, granted upon the proposal of the King. 6. The members of the family of the King entitled to eventual succession to the throne shall add the denomination of French Prince to the name which shall have been given them in the civil certificate attesting their birth, and this name cannot be patronymical nor formed from any of the titles abol- ished by the present constitution. The denomination of prince cannot be given to any other person and it shall not bestow any privilege nor any exception to the rights common to all Frenchmen. 7. The certificates by which shall be attested the births, marriages, and deaths of the French princes shall be presented to the Legislative Body, which shall order the deposit of them in its archives. 8. No real estate appanage shall be granted to members of the family of the King. The younger sons of the King shall receive at the age of twenty-one years or at the time of their marriage an appan- aged income .which shall be fixed by the Legislative Body and shall terminate with the extinction of their masculine posterity. 76 CONSTITUTION OF 1791 Section IV. Of the ministers. 1. The choice and dismissal of the ministers shall belong to the King alone. 2. The members of the present National Assembly and of the legislatures following, the members of the tribunal of cas- sation, and those who shall serve on the high jury, cannot be promoted to the ministry, nor receive any place, gift, pension, stipend, or commission from the executive power or from its agents, during the continuance of their functions, in or for two years after having ceased the exercise of them. It shall be the same with those who are only enrolled upon the list of the high jury, during the time that their enroll- ment shall continue. 3. No one can enter upon the exercise of any employment eitfter in the offices of the ministry or in those of the man- agement or administration of the public revenues nor in general any employment at the nomination of the executive power, without taking the civic oath, or without proving that he has taken it. 4. No order of the King can be executed unless it is signed by him and countersigned by the minister or adminis- trator of the department. 5. The ministers are responsible for all the offences com- mitted by themselves against the national security and the cons •'itution ; For every attack upon property and personal liberty; For all waste of monies appropriated for the expenses of their departments. 6. In no case can the order of the King, verbal or in writing, shield a minister from his responsibility. 7. The ministers are required to present each year to the Legislative Body at the opening of the session an estimate of the expenditures to be made in their departments, to render account of the employment of the sums which were appropria- ted for them, and to indicate the abuses which may have been able to introduce themselves into the different parts of the government. 8. No minister, in office or out of office, can be prosecuted for any acts of his administration, without a decree of the Legislative Body. CONSTITUTION OF 1791 -jj Chapter III. Of the Exerrise of the Legislative Power. Section I. Powers and functions of the National Legisla^ tive Assembly. I. The constitution delegates exclusively to the Legisla- tive Body the following powers and functions : 1st. To propose and enact the laws : the King can only invite the Legislative Body to take the matter under consid- eration ; 2d. To fix the public expenditures ; 3d. To establish the public taxes, to determine the na^ ture of them, the quota, the duration, and the mode of col- lection ; 4th. To make the apportionment of the direct tax among the departments of the kingdom, to supervise the employment of all the public revenues, and to cause an account of them to be rendered; 5th. To decree the creation or suppression of public offices ; 6th. To determine the title, weight, stamp, and denom- ination of the monies ; 7th. To permit or forbid the introduction of foreign troops upon French soil and foreign naval forces in the ports of the kingdom; 8th. To determine annually, after the proposal of the King, the number of men and vessels of which the land and naval forces shall be composed : the pay and the number of persons of each grade; the rules for admission and promotion, the forms of enrollment and discharge, the formation of ship crews ; the admission of troops or foreign forces into the ser- vice of France, and the treatment of troops in case of disband- ment ; pth. To determine upon the administration and to order the alienation of the national lands ; loth. To institute before the High National Court legal proceedings for securing the responsibility of the ministers and the principal agents of the executive power ; To accuse and to prosecute before the same court those who shall be charged with attacks and conspiracies against the general security of the State or against the constitution ; nth. To establish laws according to which purely per- 78 CONSTITUTION OP 1791 sonal marks of honor or decorations shall be granted to those who have rendered services to the State ; I2th. The Legislative Body alone has the right to award public honors to the memory of great men. r 2. War can be declared only by a decree of the Legislative Body, rendered upon the formal and indispensable proposal of the King, and sanctioned by him. In case hostilities are imminent or already begun, or in case of an alliance to sustain or a right to preserve by force of arms, the King shall give notification of it without delay to the Legislative Body and shall make known the causes thereof. If the Legislative Body is in recess the King shall convoke it immediately. If the Legislative Body decides that war ought not to be made, the King shall take measures immediately to cause the cessation or prevention of all hostilities, the ministers remain- ing responsible for delays. If the Legislative Body finds the hostihties already com- menced to be a culpable aggression on the part of the ministers or of any other agent of the executive power, the author of the aggression shall be prosecuted criminally. During the entire course of the war the Legislative Body can require the King to negotiate for peace; and the King is required to yield to this requisition. As soon as the war shall have ceased the Legislative Body shall fix the period within which the troops raised in excess of the peace footing shall be discharged and the army reduced to its usual condition. 3. The ratification of treaties of peace, alliance, and com- merce belongs to the Legislative Body; and no treaty shall have effect except by this ratification. 4. The Legislative Body has the right to determine the place of its sittings, to continue them as long as it shall judge necessary, and to adjourn. At the beginning of each reign, if it is not in session, it shall be required to reassemble without delay. It has the right of police over the place of its sittings, and over the environs which it shall have determined. It has the right of discipline over its members ; but it can- CONSTITUTION OP 1791 79 not impose punishment more severe than censure, arrest for eight days, or imprisonment for three days. It has the right, for its security and for the maintenance of the respect that is due to it, to dispose of the forces, which with its own consent shall be established in the city where it shall hold its sittings. S. The executive power cannot cause any body of troops of the line to pass or sojourn within thirty thousand toises of the Legislative Body, except upon its requisition or with its authorisation. Section II. Holding of the meetings and the form of de- liberation. 1. The deliberations of the Legislative Body shall be pub- lic and the minutes of its sittings shall be printed 2. The Legislative Body, nevertheless, shall be able at any time to form itself into committee of the whole. Fifty members shall have the right to require it. During the continuance of the committee of the whole the clerks shall retire, the chair of the president shall be vacant; order shall be maintained by the vice-president. 3. No legislative act shall be deliberated upon or decreed, except in the following form. 4. There shall be three readings of the project for a de- cree at three intervals, each of which shall not be less than eight days. 5. The discussion shall be open after each reading; never- theless, after the fiist or second reading, the Legislative Body may declare that there is need for adjournment or that there is no need for consideration of it; but in this last case, the pro- ject for a decree can be presented again in the same session. Every project for a decree shall be printed and distributed before the second reading of it can be given. 6. After the third reading, the president shall be required to put in deliberation and the Legislative Body shall decide whether it finds itself in condition to render a definitive de- cree or whether it wishes to postpone the decision to another time in order to receive more ample enlightenment. 7. The Legislative Body cannot deliberate unless the sitting go CONSTITUTION OF 179i is composed of at least two hundred members, and no decree shall be passed except by a majority of the votes. 8. No project of law which, submitted to discussion, shall have been rejected after the third reading can be presented again in the same session. 9. The preamble of every definitive decree shall announce expressly: ist, the dates of the sittings at which the three readings of the project shall have occurred; 2d, the decree by which, after the third reading, it shall have been determined to decide definitively. 10. The King shall refuse his sanction to a decree whose preamble does not attest the observation of the above forms : if any one of these decrees be sanctioned, the ministers shall not seal it and promulgate it, and their responsibility in this respect shall last for six years. 11. The decrees recognized and declared urgent by a prior declaration of the Legislative Body are excepted from the above provisions; but they can be modified or revoked in the course of the same session. The decree by which the matter shall have been declared urgent shall set forth the motives thereof; and there shall be mention made of this prior decree in the preamble of the definitive decree. Section III. Of the royal sanction. 1. The decrees of the Legislative Body are presented to the King, who can refuse his consent to them. 2. In the case where the King refuses his consent, this refusal is only suspensive. When the two legislatures following that which shall have presented the decree shall have again presented the same de- cree in the same terms, the King shall be considered to have given the sanction. 3. The consent of the King is expressed upon each decree by this formula signed by the King: The King consents and will cause it to he executed. The suspensive refusal is expressed by this : The King ivill examine. 4. The King is required to express his consent or his re- fusal upon each decree within two months from the presenta- tion. CONSTITUTION OF 1791 8l 5. No decree to which the King has refused his consent can be presented again by the same legislature. 6. The decrees sanctioned by the King and those which shall have been presented by three consecutive legislatures have the force of law, and bear the name and title of laws. 7. The following are executed as laws, without being sub- ject to the sanction : The acts of the Legislative Body con- cerning its constitution in deliberative assembly; Its internal police, and that which it is allowed te exercise in the environs which it shall have determined ; The verification of the powers of its members in attend- ance; The orders to the absent members; The convocation of the primary assemblies which are late ; The exercise or the constitutional police over tne aamin- istrators and the municipal officers ; Questions either of eligibility or of the validity of elections.' In like manner, neither the acts relative to the responsi- bility of the ministers nor the decrees providing that there is cause for accusation are subject to the sanction. 8. The decrees of the Legislative Body concerning the establishment, the promulgation, and the collection of the public taxes shall bear the name and the title of laws. They shall be promulgated and executed without being subject to the sanc- tion, except for the provisions which establish penalties other than fines and pecuniary constraints. These decrees cannot be rendered except after the observa- tion of the formalities prescribed by articles 4, ,s, 6, 7, 8, and 9 of section II of the present chapter; and the Legislative Body shall not insert in them any provision foreign to their purpose. Section IV. Relations of the Legislative Body with the King. I. When the Legislative Body is definitively constituted, it sends to the King a deputation in order to inform him thereof. 'I'he King can each year open the session and can bring for- ward the matters which he believes ought to be taken into con- sideration in the course of that session, without this formality, nevertheless, being considered as necessary for the activity of the Legislative Body. 82 CONSTITUTION OF 1791 2. When the Legislative Body wishes to adjourn beyond fifteen days, it is required to notify the King thereof by a depu- tation at least eight days in advance. 3. At least eight days before the end of each session, the Legislative Body sends to the King a deputation, in order to an- nounce to him the day whereon it proposes to terminate its sittings. The King can come to close the session. 4. If the King thinks it important for the welfare of the State that the session be continued, or that the adjournment should not occur, or that it should occur only for a shorter time, he can send a message to that effect, upon which the Leg- islative Body is required to deliberate. 5. The King shall convoke the Legislative Body during the intermission of its sessions, whenever the interests of the State appear to him to require it, as well as in the cases which have been provided for and determined by the Legislative Body before its adjournment. 6. Whenever the King repairs to the place of the sittings of the Legislative Body, he shall be received and conducted by a deputation; he cannot be accompanied within the interior of the hall except by the Prince Royal and the ministers. 7. In no case can the president make up part of a depu- tation. 8. The Legislative Body shall cease to be a deliberative body as long as the King shall be present. 9. The documents of the correspondence of the King with the Legislative Body shall always be countersigned by a min- ister. 10. The ministers of the King shall have entrance into the National Legislative Assembly; they shall have a desig- nated place there. They shall be heard, whenever they shall demand it, upon matters relative to their administrations or when they shall be required to give information. They shall likewise be heard upon matters foreign to their administrations when the National Assembly shall grant them the word. Chapter IV. Of the Exercise of the Executive Power. I. The supreme executive power resides exclusively in the hands of the King. CONSTITUTION OP 1701 83 The King is the supreme head of the general administration of the kingdom; the task of looking after the maintenance of public order and tranquility is confided to him. The King is the supreme head of the army and navy. The task of looking after the external security of the king- dom and of maintaining its rights and possessions is delegated to the King. 2. The King appoints the ambassadors and other agents of political negotiations. He confers the command of the armies and fleets, and the grades of marshal and admiral. He appoints two-thirds of the rear-admirals, half of the lieutenant generals, camp-marshals, ship-captains, and colonels of the national gendarmerie. He appoints two-thirds of the colonels and lieutenant col- onels, and a sixth of the ship-lieutenants. All of these conforming to the laws upon promotion. He appoints in the civil administration of the navy the managers, comptrollers, treasurers of the arsenals, heads of the works, under-chiefs of civil buildings, and half of the heads of administration and under-chiefs of construction. He appoints the commissioners before the tribunals. He appoints the officers-in-chief for the administrations of the indirect taxes and for the administration of the national lands. He superintends the coining of the monies, and appoints the officers charged with the exercise of this surveillance in the general commission and in the mints. The image of the King is stamped upon all the monies of the kingdom. 3. The King causes to be delivered the letters-patent, war- rants, and commissions, to public functionaries or others who ought to receive them. 4. The King causes to be drawn up the list of the pensions and gratuities, in order to be presented to the Legislative Body at each of its sessions and to be decreed, if there is need thereof. Section I. Of the promulgation of the laws. I. The executive power is charged to cause the laws to be 84 CONSTITUTION OF 1791 sealed with the seal of the State and to cause them to be pro- mulgated. It is likewise charged to cause to be promulgated and to be executed the acts of the Legislative Body which do not need the sanction of the King. 2. There shall be made two original copies of each la^y, both signed by the King, countersigned by the minister of justice, and sealed with the seal of the State. One shall remain on deposit in the archives of the seal, and the other shall be placed in the archives of the Legisla- tive Body. 3. The promulgation shall be thus expressed: "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 National Assembly has decreed and we wish and order as follows :" (A literal copy of the decree shall he inserted without any change.) "We command and order to all the administrative bodies ., and the tribunals that they cause these presents to be recorded ■ in their registers, read, published, and posted in their respective departments and jurisdictions, and executed as law of the kingdom. In testimony whereof we have signed these presents, to which we have caused to be affixed the seal of the State." 4. If the King is a minor, the laws, proclamations, and other documents emanating from the royal authority during the regency shall be expressed as follows : "N. {the name of the regent), regent of the kingdom, in the name of N. {the name of the King), by the grace of God and by the constitutional law of the State, King of the French, etc., etc." 5. The executive power is required to send the laws to the administrative bodies and the tribunals, to cause the trans- mission to be certified, and to give proof thereof to the Leg- islative Body. 6. The executive power cannot make any law, even pro- visionally, but only proclamations in conformity with the laws to order or call to mind the execution of them. CONSTITUTION OF 1791 85 Section II, Of the internal administration. 1. In each department there is a superior administration, and in each district a subordinate administration. 2. The adminif'rators do not have any representative ch* 'HCter. They are agents elected at stated times by the people to exercise, under the surveillance and authority of the King, the administrative functions. 3. They cannot interfere in the exercise of the legislative power, nor suspend the execution of the laws, nor encroach in any manner upon the judiciary, nor upon the military ar- rangements or operations. 4. The administrators are essentially charged with the apportionment of the direct taxes and the surveillance of the monies arising from all the public taxes and revenues in their territory. It belongs to the legislative power to determine the regu- lations and the mode of their functions, upon the matters above expressed as well as upon all the other parts of the in- ternal administration. 5. The King has the right to annul the acts of the depart- ment administrators which are contrary to the laws or to the orders which shall have been addressed to them. He can suspend them from their functions, in case of per- sistent disobedience, or if they compromise by their acts the public security or tranquility. 6. The department administrators, likewise, have the right to annul the acts of the district sub-administrators which are contrary to the laws or to the decisions of the department administrators or to the orders which these latter shall have given or transmitted. They can, likewise, suspend them from their functions in case of persistent disobedience or if these latter compromise by their acts the public security or tranquil- ity, provided that notification thereof be given to the King who can remove or confirm the suspension. 7. When the department administrators shall not have used the power which is delegated to them in the article above, the King can annul directly the acts of the sub-administrators and suspend them in the same cases. 8. Whenever the King shall have pronounced or confirmed gg CONSTITUTION OF 1791 the suspension of administrators or sub-administrators, he shall give notice thereof to the Legislative Body. This [body] shall be able to remove the suspension or confirm it, or even dissolve the guilty administration and, if there is need, send all the administrators or any of them to the criminal tribunals or bring against them the decree of accusation. Section III. Of the external relations. 1. The King alone can enter upon political relations abroad, conduct negotiations, make preparations for war pro- portioned to those of the neighboring States, distribute the forces of the army and the navy as he shall deem suitable and control the direction thereof in case of war. 2. Every declaration of war shall be made in these terms: On the part of the King of the French, in the name of the nation. 3. It belongs to the King to conclude and sign with all foreign powers all treaties of peace, alliance, and commerce, and all other conventions which he shall deem necessary for the welfare of the State, subject to the ratification of the Leg- islative Body. Chapter V. Of the Judicial Power. 1. The judicial power cannot in any case be exercised by the Legislative Body nor by the King, 2. Justice shall be rendered gratuitously by judges elected at stated times by the people and instituted by letters patent of the King, who cannot refuse them. They cannot be removed except for duly pronounced for- feiture, nor suspended save by an accepted accusation. The public accuser shall be chosen by the people. 3. The tribunals cannot interfere in the exercise of the legislative power, nor suspend the execution of the laws, nor encroach upon the administrative functions, nor cite before them the administrators on account of their functions. 4. Citizens cannot be deprived of the judges whom the law assigns to them by any commission nor by other attributions and evocations than those determined by the laws. CONSTITUTION OF 17yi 8/ 5. The right of citizens to terminate definitively their con- troversies by means of arbitration cannot be impaired by the acts of the legislative power. 6. The ordinary tribunals cannot entertain any civil action unless it should be shown to them that the parties have ap- peared, or that the plaintiff has cited the adverse party before mediators, in order to obtain a conciliation. 7. There shall be one or several justices of the psace in the cantons and cities ; the number thereof shall be determined by the legislative power. 8. It belongs to the legislative power to regulate the num- ber and the districts of the tribunals, and the number of the judges of which each tribunal shall be composed. 9. In criminal matters no citizen can be tried except upon an accusation received by the jurors or decreed by the Legis- lative Body, in the cases where the preferring of the accusation belongs to it. After the accusation has been accepted, the facts shall be recognized and declared by the jurors. The accused shall have the right to reject up to twenty of these without giving reasons. The jurors who shall declare the facts cannot be less than twelve in number. The application of the law shall be made by the judges. The proceedings shall be public and the assistance of coun- sel shall not be refused to the accused. No man acquitted by a legal jury can ^e taken again or accused on account of the same act. 10. No man can be seized except in order to be brought before the police officer ; and no man can be put under arrest or detained, except in virtue of a warrant from police officers, an order of arrest from a tribunal, a decree of accusation of the Legislative Body, in case the decision belongs to it, or of a sentence of condemnation to prison or correctional de- tention. 11. Every m-sn seized and brought before the police officers shall be examined immediately, or at the latest within twenty- four hours. If it results from the examination that there is no ground for incrimination, he shall be set at liberty immediately; or gg CONSTITUTION OF 1791 if there is occasion for sending him to jail, he shall be taken there within the briefest possible interval, which in any case shall not exceed three days. 12. No arrested man can be kept in confinement in any case in which the law permits remaining free under bail, if he gives sufficient bail. 13. No man, in a case in which his detention is authorised by law, can be brought to or confined except in the places legally and publicly designated to serve as jail, court house, or prison. 14. No custodian nor jailer can receive or confine any man except in virtue of a warrant or order of arrest, decree of ac- cusation or sentence mentioned in article 10 above, and unless the transcript thereof has been made upon his register. 15. Every custodian or jailer is required, without any or- der being able to dispense therewith, to present the person of the prisoner to the civil officer having the police of the jail, whenever it shall be required by him. In like manner the presentation of the person of the pris- oner cannot be refused to his kinsmen and friends bearing the order of the civil officer, who shall always be required to grant it, unless the custodian or jailer presents an order of the judge, transcribed upon his register, to keep the accused in secret. 16. Any man, whatever may be his place or his employ- ment, other than those to whom the law gives the right of arrest, who shall give, sign, execute or cause to be executed an order of arrest for a citizen, or anyone, who, even in the case of arrest authorised by law, shall conduct, receive, or retain a citizen in a place of detention not publicly and legally desig- nated, and any custodian or jailer who shall contravene the provisions of articles 14 and 15 above shall be guilty of the crime of arbitrary imprisonment. 17. No man can be questioned or prosecuted on account of writings which he shall have caused to be printed or pub- lished upon any matter whatsoever, unless he may have in- tentionally instigated disobedience to the law, contempt for the constituted authorities, resistance to their acts, or any of the acts declared crimes or offences by the law. Criticism upon the acts of the constituted authorities is CONSTITUTION OP 1791 89 permitted; but wilful calumnies against the probity of the pub- lic functionaries and the rectitude of their intentions in th» exercise of their functions can be prosecuted by those who are the object of them. Calumnies and injuries against any persons whatsoever relative to acts of their private life shall be punished upon their prosecutions. 18. No one can be tried either by civil or criminal process for written, printed, or published facts, unless it has been recognized and declared by a jury: ist, whether there is an ofifence in the writing denounced ; 2d, whether the prosecuted person is guilty. 19. There shall be for all the kingdom a single tribunal of cassation, established near the Legislative Body. Its functions shall be to pronounce : Upon petitions in cassation against the judgments rendered in the last resort by the tribunals; Upon petitions for transfer from one tribunal to another, on account of legitimate suspicion ; Upon orders of judges and the charges of prejudice against an entire tribunal. 20. In matters of cassation the tribunal of cassation shall never be able to take jurisdiction over the facts of suits; but, after having quashed the judgment rendered upon a proceeding in which the forms shall have been violated, or which shall contain an express contravention of the law, it shall remand the facts of the trial to the tribunal which ought to have juris- diction therein. 21. When after two cassations, the judgment of the third tribunal shall be attacked by the same means as the first two, the question shall not be further discussed in the tribunal of cassation without having been submitted to the Legislative Body, which shall pass a decree declaratory of the law, to which the tribunal of cassation shall be required to conform. 22. Each year the tribunal of cassation shall be required to send to the bar of the Legislative Body a deputation of eight of its members, who shall present to it the list of the judg- ments rendered, along with each of which shall be a condensed go CONSTITUTION OF 17G1 account of the suit and the text of the law which shall have determined the decision. 23. A high national court, formed of members of the trib- unal of cassation and of high jurors, shall have jurisdiction over the offences of the ministers and principal agents of the executive power, and over crimes which shall assail the general security of the State, when the Legislative Body shall have rendered a decree of accusation. It shall not assemble except upon the decree of the Legis- lative Body, and only at a distance of at least thirty thousand toises from the place where the Legislative Body shall hold its sittings. 24. The writs of execution of the tribunals shall be ex- pressed as follows : "N. (the name of the King), by the grace of Grod and by constitutional law of the State, King of the French, to all present and to come, greeting. The tribunal of . . . . has rendered the following judgment:" (Here shall be copied the judgment, in ivhich viention shall be made of the names of the judges.') "We command and order to all bailiffs, upon this requisi- tion, to put the said judgment into execution ; to our commis- sioners before the tribunals, to support them; and to all com- mandants and officers of the public forces, to lend assistance, when they shall be legally summoned thereto. In testimony of which, the present judgment has been signed by the pres- ident of the tribunal and the clerk." 25. The functions of the commissioners of the King before the tribunals shall be to require the observation of the laws in the judgments rendered, and to cause the judgments rendered to be executed. They shall not be public accusers, but they shall be heard upon all accusations and shall make demand for the regularity of the forms, during the course of the proceedings, and for the application of the law before the sentence. 26. The commissioners of the King before the tribunals shall denounce to the foreman of the jury, either ex-ofificio or in consequence of the orders which shall be given them by the King: Attacks upon the personal liberty of the citizens, against CONSTITUTION OF 1791 91 the free circulation of provisions and other articles of com- merce, and against the collection of the taxes ; Offences by which the execution of the orders given by the King in the exercise of the functions which are delegat- ed to him may be disturbed or interfered with ; Attacks upon internatioiTaJ law ; And revolts against the execution of the judgments and of all the executory acts emanating from the constituted powers. 27. The minister of justice shall denounce to the tribunal of cassation, by means of the commissioner of the King, and without prejudice to the rights of the interested parties, the acts in which the judges may have exceeded the limits of their power. The tribunal shall annul them ; and, if they give occasion for forfeiture, the fact shall be denounced to the Legislative Body, which shall render the decree of accusation, if there is need, and shall send the accused before the high national court. TITLE IV. OF THE PUBLIC FORCE. 1. The public force is instituted in order to defend the State against enemies from abroad, and to assure within the maintenance of order and the execution of the laws. 2. It is composed of the army and the navy, of the troops especially intended for internal service, and subsidiarily of the active citizens and their children, in condition to bear arms, registered upon the roll of the national guard. 3. The national guards form neither a military body nor an institution within the State ; they are the citizens them- selves summoned to service in the public force. 4. The citizens can never take the form nor act as national guards, except in virtue of a requisition or of a legal author- isation. 5. They are subject in this capacity to an organization de- termined by the law. They can have but one common discipline and one com- mon uniform in the whole kingdom. The distinctions of rank and subordination exist only in relation to the service and during its continuance. g2 CONSTITUTION OF 1791 6. The officers are elected at stated times and they can be re-elected only after an interval of service as soldiers. No one shall command the national guard of more than one district. 7. All parts of the public force employed for the security of the State against enemies from abroad shall act under the orders of the King. 8. No corps nor detachment of troops of the line can act in the interior of the kingdom without a legal requisition. 9. No agent of the public force can enter into the house of a citizen, except for the execution of the warrants of police and justice, or in the cases expressly provided for by law. 10. The requisition of the public force within the interior of the realm belongs to the civil officers, according to the regulations determined by the legislative power. 11. If disorders disturb an entire department, the King, imder the responsibility of his ministers, shall give the neces- sary orders for the execution of the laws and for the re-estab- lishment of order, but subject to informing the Legislative Body thereof, if it is assembled, and of convoking it, if it is in recess. 12. The public force is essentially obedient ; no armed body can deliberate. 13. The army and navy and the troops designed for the internal security are subject to special laws, in the matter of military offences, both for the maintenance of discipline and for the form of the trials and the nature of the penalties. TITLE V. OF TTIE PUBLIC TAXES. 1. The public taxes are considered and fixed each year by the Legislative Body and they shall not remain in force be- yond the last day of the following session, unless they have been expressly renewed. 2. Under no pretext shall the funds necessary for the dis- charge of the national debt and the payment of the civil list be refused or suspended. The compensation of the ministers of the Catholic sect, pensioned, maintained, elected, or appointed in virtue of the decrees of the National Assembly, makes part of the national debt. CONSTITUTION OF 17D1 93 The Legislative Body shall not in any case charge the na- tion with the payment of the debts of any person. 3. The detailed accounts of the expenditure of the minis- terial departments, signed and certified by the ministers or ordainers-general, shall be made public by means of print- ing at the beginning of the sessions of each legislature. Likewise there shall be lists of the receipts from the differ- ent taxes and of all the public revenues. The lists of these expenses and receipts shall be distin- guished according to their natjre, and shall show the sums re- ceived and expended year by year in each district. The particular expenses of each department relative to the tribunals, the administrative bodies and other establishments, shall likewise be made public. 4. The department administrators and sub-administra- tors shall not establish any public tax, nor make any appor- tionment beyond the time and sums fixed by the Legislative Body, nor consider or permit, without being authorised by it, any local loan at the expense of the citizens of the department. 5. The executive department directs and supervises the collection and disbursement of the taxes and gives all the nec- essary orders for that purpose. TITLE VI. OF THE RELATIONS OF THE FRENCH NATION WITH J-QEEIGN NATIONS. The French nation renounces the undertaking of any war with a view to making conquests, and will never employ its forces against the liberty of any people. The constitution does not admit the right of aubaine. Foreigners, established in France or not, inherit from their French or foreign kinsmen. They can contract for, acquire, and receive estates situated in France and dispose of them just as any French citizen by all the methods authorised by the laws. Foreigners who chance to be in France are subject to the ■same criminal and police laws as the French citizens, saving the conventions arranged with the foreign powers ; their per- sons, their estates, their business, their religion, are likewise protected by the law. 94 CONSTITUTION OF 1791 TITLE VII. OF THE REVISION OF THE CONSTITUTIONAL DECREES. 1. The National Constituent Assembly declares that the nation has the imprescriptible right to change its constitution: nevertheless, considering that it is more conformable to the national interests to make use of the right only to reform, by the means provided in the constitution itself, the articles of which experience shall have made the inconveniences felt, decrees that it shall proceed by an assembly of revision in the following form. 2. When three consecutive legislatures shall have expressed a uniform wish for the amendment of some constitutional article, the revision demanded shall take p'ace. 3. The next legislature and the one following shall not propose the alteration of any constitutional article. 4. Of the three legislatures which may one after another propose any changes, the first two shall occupy themselves with that matter only in the last two months of their last ses- sion and the third only at the end of its first session or at the beginning of the second. Their deliberations upon this matter shall be subject to the same forms as the legislative acts ; but the decrees by which they shall have expressed their wish shall not be sub- ject to the sanction of the King. 5. The fourth legislature, augmented by two hundred and forty-nine members elected in each department by doubling the usual number which it furnishes for its population, shall form the Assembly of Revision. These two hundred and forty-nine members shall be elected after the selection of the representatives of the Legislative Body shall have been concluded and there shall be a separate record made of it. The Assembly of Revision shall be composed of only one chamber. 6. The members of the third legislature which shall have requested the alteration cannot be elected to the Assembly of Revision. 7. The members of the Assembly of Revision, after having pronounced in unison the oath to live free or to die, shall take individually that "to confine themselves to pass upon the mat- CONSTITUTION OF 1791 95 ters which shall have been submitted to them by the uniform wish of the three preceding legislatures; to maintain, besides, with all their power the constitution of the kingdom, decreed by the National Constituent Assembly in the years 1789, 1790, and 1791, and in everything to be faithful to the nation, the law, and the King." 8. The assembly of jevision shall be required to occupy^ itself afterwards and without delay with the matters which shall have been submitted to its examination : as soon as its work shall be concluded, the two hundred forty-nine members in augmentation shall retire, without power to take part' in any case in legislative acts. [Miscellaneous Provisions.] The French colonies and possessions in Asia, Africa, and America, although they make up part of the French Empire, are not included in the present constitution. None of the authorities instituted by the constitution has the right to change it in its entirety or in its parts, saving the alterations which can be made in it by way of revision in con- formity with the provisions of title vii above. The National Constituent Assembly delivers it as a trust • to the fidelity of the Legislative Body, the King, and the judges, to the vigilance of the fathers of families, to the wives and the mothers, to the affection of the young citizens, to the courage of all the French. The decrees rendered by the National Constituent Assembly which are not included in the constitutional act, shall be ex- ecuted as laws, and the prior laws which have not been ab- rogated shall likewise be observed, in so far as the one or the other have not been revoked or modified by the legislative power. The National Assembly having heard the reading of the above constitutional act, and alter having approved it, declares that the constitution is completed and that it cannot be furth- er changed. There shall be appointed immediately a deputation of sixty members to offer within the day, the constitutional act to the King. p6 ACCEPTANCE OP THE CONSTITUTION 16. The King's Acceptance of the Constitution. September 13, 1791. Moniteur, September 14, 1791 (Reimpres- tion, IX, 655). Tbis document was read to the Constituent Assembly in ex- planation of tbe King's acceptance of No. 15. Three features call for particular notice: (1) the official defence of the King's flight, (2) the interpretation placed upon the rerision recently effected in the flnal draft of the constitution, (3) the attitude of the King towards the general course of the Revolution and especially towards the new constitution. Refekence. Aulard, Revolution Francaise, 164-166. Gentlemen: I have examined attentively the constitutional act which you have presented to me for my acceptance; I accept it and shall cause it to be executed. This declaration might have sufficed at another time; today I owe it to the in- terests of the nation, I owe it to myself, to make known my reasons. Let everyone recall the moment at which I went away from Paris : the constitution was on the point of completion, never- theless the authority of the laws seemed to become enfeebled every day. Opinion, far from becoming fixed, was subdividing into a multitude of parties. The most extreme opinions alone seemed to obtain favor, the license of the press was at the highest pitch, no authority was respected. I could no longer recognize the mark of the general- will in the laws which I saw everywhere without force and without execution. At that time, I am bound to declare, if you had presented the consti- tution to me, I should not have believed that the interest of the • people (the constant and sole Tule of my conduct) would permit me to accept it. I had only one feeling, I formed only one project; I wished to isolate myself from all the parties and to know what was truly the will of the nation. The considerations which were controlling me no longer remain today ; since then the inconveniences and evils of which I was complaining have impressed you as they did me; you have manifested a desire to re-establish order, you have direct- ed your attention to the lack of discipline in the army, you havs recognized the necessity of repressing the abuses of the press. The revision of your work has put in the number of the regu- THE BBJECTBD DECREES 97 lative laws several articles which had been presented to me ai constitutional. You have established legal forms for the re- vision of those which you have placed in the constitution. Finally, the opinion of the people is to me no longer doubtful ; I have seen it manifested both in their adhesion to your work and their attachment to the maintenance of the monarchical government. I accept then the constitution. I take the engagement to maintain it within, to defend it against attacks from without, and to cause it to be executed by all the means which it places in my power. I declare that, instructed by the adhesion which the great majority of the people give to the constitution, I renounce the co-operation which I had claimed in that work ; and that, being responsible only to the nation, no other, when I renounce it, has the right to complain thereof. I should be lacking in sincerity, however, if I said that I perceived in the means of execution and administration, all the energy which may be necessary in order to give motion to and to preserve unity in all the parts of so vast an empire; but since opinions at present are divided upon these matters, r consent that ex- perience alone remain judge therein. When I shall have loyal- ly caused to operate all the means which have been left to me, no reproach can be aimed at me, and the nation, whose interest alone ought to serve as rule, will explain itself by the means which the constitution has reserved to it. Signed, Louis. 17. The Rejected Decrees. The Legislative Assembly began its sittings October 1, 1791. Among the many difficult questions confronting it were those of the Bmigrfis and the non-juring clergy. These decrees represent the Assembly's solution of these problems. Both were rejected by the King. This rejection was a leading factor In producing both the declaration of war against Austria and the overthrow of the Monarchy. Eefeeencks. Gardiner, French Revolution, 100-102 ; Stephens, French Revolution, II, 31-39; Lavisse and Rambaud, Histoire Gen- erale, VIII, 125-126. A. Decree upon the Emigres. November g, 1791. Duver- ir, Lois, IV, 14-15. gier, Lois, IV, 14-15 98 THE llEJECTED DECKiiEtf The National Assembly, considering that the tranquility and security of the kingdom require it to take prompt and effective measures against Frenchmen who, despite the am- nesty, do not cease to plot abroad against the French consti- tution, and that it is time finally to repress severely those whom indulgence has not been able to reclaim to the duties and sentiments of free citizens, has declared that there is urgency for the following decree, and the decree of urgency being previously rendered, has decreed as follows : 1. The Frenchmen mustered beyond the frontiers of the kingdom are from this moment declared suspects for conspir- acy against the fatherland. 2. If on the ist of January next they are still in a state of muster, they shall be declared guilty of conspiracy; they shall be prosecuted as such and punished with death. 3. As to the French princes and .public functionaries, civil and ecclesiastical, and those who were such at the date of their departure from the kingdom, their absence at the above cited date of the ist of January, 1792, shall make them guilty of the same crime of conspiracy against the fatherland; they shall be punished with the penalty provided in the preceding art- icle. S. The incomes of the conspirators condemned in contu- macy shall be collected during their lifetime for the benefit of the nation, without prejudice to the rights of their wives, chil- dren, and lawful creditors. 13. Every Frenchman who, outside of the kingdom, shall engage and enroll persons to repair to the musters mentioned in articles i and 2 of the present decree shall be punished with death, in conformity with the law of October 6, 1790. The same penalty shall apply to every person who shall commit th; same crime in France. 14. The National Assembly charges its diplomatic commit- tee to propose to it the measures which the King shall be prayed to take in the name of the nation with respect to the adjacent foreign powers which permit upon their territories the musters of French fugitives. THE RE.7ECTED DECREES 99 B. Decree upon the Non-juring Clergy. November 29, 1791. Duvergier, Lois, IV, 20-22. The National Assembly, after having heard the report of the civil commissioners sent into the department of the Vendee, the petitions of a large number of citizens, and the report of the committee of civil and criminal legislation upon the dis- turbances excited in several departments of the kingdom by the enemies of the public welfare, under pretext of religion ; Considering that the social contract ought to bind, as it ought equally to protect, all the members of the State ; That it is important to define, without ambiguity, the terms of that engagement, in order that a confusion in its words may not effect one in its ideas ; that the oath, purely civic, is the surety which every citizen ought to give of his fidelity to the law and of his attachment to society, and that difference of religious opinions cannot be an impediment to the taking of the oath, since the constitution secures to every citizen complete liberty of his opinions in the matter of religion, provided that their expression does not disturb order, or involve acts injur- ious to the public security; That the minister of a sect, in refusing to recognize the constitutional act which authorises him to profess his religious opinions, without setting over against him any other obligation than respect for the order established by the law and for the public security, would announce, by this refusal itself, that it was his intention not to respect them; That in determining not to recognize the law, he volun- tarily renounces the advantages which that law alone can guarantee ; That the National Assembly, eager to devote itself to the great matters which call for its attention for the consolidation of credit and the system of finances, with regret sees itself obliged to first turn its attention to the disorders which have a tendency to compromise all parts of the public service, by preventing the prompt assessment and peaceable collection of the taxes; That in tracing the source of these disorders it has heard the voice of all the citizens clearly proclaiming the authority of that great truth, that religion is for the enemies of the con- lOO THE REJECTED DECREES stitution only a pretext of which they make an iH ^^^ ^"'^ *" instrument of which they venture to avail themselves m order to disturb the earth in the name of heaven ; That their mysterious offences easily escape ordinary meas- ures, which do not get hold of the clandestine ceremonies in which their plots are enveloped and by which they exercise over consciences an invisible authority; That it is time finally to pierce these obscurities, in ordjr that the peaceable and well intentioned citizen may be distin- guished from the turbulent priest and contriver who mourns for the ancient abuses and does not pardon the revolution for having destroyed them; That these considerations imperatively demand that the Legislative Body should take ample political measures to re- press the 'factious who cover their conspiracies with a sacred veil; That the efficiency of these measures depends in great part upon the patriotism, prudence and firmness of the municipal and administrative bodies and the energy which their impetus can communicate to all the other constituted authorities; That the department administrations, especially, can under the circumstances render the greatest service to the nation and cover themselves with glory by making haste to re- spond to the confidence of the National Assembly, which will always be pleased to distinguish their zeal, but which at the same time will punish severely the public functionaries whose lack of zeal in the execution of the law may have the appear- ance of a tacit connivance with the enemies of the constitu- tion; That, finally, it is especially to the progress of sane reason and well directed public opinion that it is reserved to achieve the triumph of the law, to open the eyes of the inhabitants of the country districts to the perfidious interest of those who wish to make them believe that the constituent legislators have laid hands upon the religion of their fathers, and to prevent for French honor, in the age of enlightenment the renewal of the horrible scenes by which superstition has unhappily only too often soiled their history in the ages in which the ignor- ance of the people was one of the forces of the government- THE REJECTED DECREES lOI The National Assembly, having previously decreed urgency, decrees as follows : I. Within a week, dating from the publication of this de- cree, all ecclesiastics other than those who have conformed to the decree of November 27 last shall be required to present themselves before the municipality of the place of their domi- cile, to take there the civic oath in the terms of article 5 of title II of the constitution, and to sign the record, which shall be signed without expense to them. 3. Those of the clergymen of the Catholic sect who have given the example of submission to the laws and of attachment to their fatherland in taking the civic oath, according to the form prescribed by the decree of November 27, 1790, and who have not retracted it, are dispensed from any new formality; they are to be without exception maintained in all the rights which have been attributed to them by preceding decrees. 4. As to the other ecclesiastics, none of them may hence- forth receive, claim, or obtain pension or salary out of the Public Treasury, except by presenting proof of the taking of the civic oath, in conformity with article i above. 6. Besides the forfeiture of all salary and pension, the ecclesiastics who shall have refused to take the civic oath, or who shall retract it after having taken it, by this refusal or this retraction shall be reputed suspects of revolt against the law and of bad intention against the fatherland and as such shall be more especially submitted to and recommended to the sur- veillance of all the constituted authorities. 7. In consequence, every ecclesiastic having refused tO' take the civic oath (or who shall retract it after having taken it) who is present in a commune wherein there shall occur dis- turbances of which religious opinions shall be the cause or pretext may be provisionally removed from the place of his usual domicile in virtue of an order of the department direc- tory upon the notification of that of the district, without prejudice to the denunciation to the tribunals, according to the gravity of the circumstances. 8. In case of disobedience to the order of the department directory the offenders shall be prosecuted in the tribunals and J02 LETTER TO KING OF PRU&SIA punished by imprisonment in the head-town of the department. The term of this imprisonment shall not exceed one year. 18. Letter of Louis XVI to the King of Prussia. December 3, 1791. FeulUet De Conches, Louis XVI, Marie An- toinette et Madame EHsiaietJi, IV, 269-271. This letter is selected out of many written from the French court in 1791-1792, suggesting or soliciting outside interference in behalf of the authority of the King. At the time the existence of this correspondence, though strongly suspected, was not pos- itiyely known. Paris, December 3, 1791. Monsieur my Brother, I have learned through M. du Mous- tier of the interest which Your Majesty had expressed not only for my person, but also for the welfare of my kingdom. The disposition of Your Majesty towards me in giving these proofs, in all the cases where that interest might be useful for the wel- fare of my people, has warmly aroused my sensibility. I lay claim to it with confidence in this moment, wherein, despite the acceptance which I have made of the new Constitution, the factions openly exhibit the project of destroying entirely the remnants of the Monarchy. I have just addressed myself to the Emperor, the Empress of Russia, the Kings of Spain and of Sweden, and presented to them the idea of a congress of the principal Powers of Europe, supported by an armed force, as the best manner to check the factions here, to give the means to establish a more desirable order of things, and to prevent the evil which afflicts us fromfbeing able to take possession of ' the other States of Europe. I hope that Your Majesty will approve of my ideas and that you will preserve the most abso- lute secrecy upon the step that I have taken with you. You will easily realize that the circumstances in which I find my- self compel the greatest circumspection on my part. That is why only the Baron de Breteuil is informed of my projects, and Your Majesty can communicate to him what you shall wish. I take this occasion to thank Your Majesty for the acts of kindness which you have shown to M. Heyman, and I ex- DECLARATION OF V{AB. AGAINST AUSTRIA 103 perience a real delight in giving to Your Majesty the assur- ances of esteem and affection with which I am, Louis. 19. Declar-ation of War Against Austria. April 20, 1792. Duvergier, Lois, IV, 117-H8. The outbreak of the war between France and Austria in 1792 was one of the turning points of the Revoiution. This document contains a concise statement of one class of the causes which pro- duced the war, i.e., the avowed causes from the French stand- point. REFRREKCJiiS. Gardiner, French Revolution, 101-105; Mathews, Fn-nch Revolution, 191-193 ; Clapham, Causes of the War of 11S2, Chs. vi-ix ; Lavisse and Rambaud, Histoire Ocnerale, VIII, 126- 12s ; Sorel, L'Europe et la Revolution Francaise, II, 516-520. The National Assembly, deliberating upon the formal pro- position of the King; considering that the Court of Vienna, in contempt of the treaties, has not ceased to grant an open pro- tection to the FtMch, rebels ; that it has instigated and formed a concert with several Powers of Europe against the inde- pendence and security of the French nation; That Francis I, King of Hungary and Bohemia, has, by his notes of March 18 and April 7 last, refused to renounce this concert ; That, despite the proposition which has been made to him bv the note of March 11, 1792, to reduce on both sides to the peace basis the troops upon the frontiers, he has continued and augmented hostile preparations ; That be has formally attacked the sovereignty of the French nation, in declaring his determination to support the pretentions of the German princes to possessions in France, for which the French nation has not ceased to offer indem- nities ; That he has sought to divide the French citizens and to arm them against each other, by offering to the malcontents a support in the concert of the Powers ; Considering, finally, that the refusal to reply to the last despatches of the Kin,g of the French leaves no longer any jg. THREE REVOLUTIONARY DECREES hope of obtaining by way of an amicable negotiation the re- dress of these different grievances and is equivalent to a declaration of war ; Decrees that there is urgency. The National Assembly declares that the French natior., faithful to the principles consecrated by its constitution, not to undertake any war with a vieiv to making conquests, and never to employ its forces against the liberty of any people, takes arms only to maintain its liberty and its independence; That the war which it is forced to sustain is not a war of nation against nation, but the just defence of a free people against the unjust aggression of a king; That the French will never confound their brothers with their real enemies; that they will neglect nothing in order to alleviate the scourge of war, to spare and preserve property, and to cause to return upon those alone, who shall league themselves against its liberties, all the miseries inseparable from war ; That it adopts in advance all foreigners, who, abjuring the cause of its enemies, shall come to range themselves under its banners and to consecrate their efforts to the defence of its liberty; that it will favor also, by all the means which are in its power, their establishment- in France. Deliberating upon the formal proposition of the King, and after having decreed urgency, [the National Assembly] de- crees war against the King of Hungary and Bohemia. 20. The Three Revolutionary Decrees. These three decrees were passed by the Legislative Assembly amid the excitement produced by the unexpected Austrian victories on the French frontier. Inspired by doubt regarding the King's competency and loyalty to the nation, they became important fac- tors in producing the- movement which finally resulted in the sus- pension of Louis XVI on the 10th of August. To document B the King gave a reluctant consent ; the other two were rejected. Eefebences. Gardiner. French Ttevolutlon, 111-112 ; Mathews, French Revolution. 193-193 ; Aulard, Revolution Francaise, 189 ; Stephens, French Revolution, II, 78-82. A. Decree for the Deportation of the Non-juring Priests. May 27, 1792. Duvergier, Lois, TV, 177-178. The National Assembly, after having heard the report of THREE REVOLUTIONARY DECREES 105 its Committee of Twelve, considering that the troubles ex- cited within the kingdom by the non-juring ecclesiastics re- quire that it should apply itself without delay to the means of suppressing them, decrees that there is urgency; The National Assembly, considering that the efforts to overthrow the constitution, to which the non-juring eccles- iastics are continually devoting, themselves, do not permit it to be supposed that these ecclesiastics desire to unite in the social compact, and that it would compromise the public safety to regard for a longer time as members of society the men who evidently are seeking to dissolve it ; considering that the laws are without force against these men, who, operating up- on the consciences in order to mislead them, nearly always conceal their criminal maneuvers from the attention of those who might be able to cause them to be repressed and pun- ished; after having decreed urgency, decrees as follows: 1. The deportation of the non-juring ecclesiastics shall take place as a measure of public security and of general police, in the case and according to the forms hereinafter set forth. 2. All those are considered as non-juring ecclesiastics, who, being liable for the oath prescribed by the law of De- ' cember 26, 1790, may not have taken the oath ; also those who, not being subject to that law, have not taken the civic oath subsequent to September 3 last, the day whereon the French constitution was declared completed ; finally, those who shall have retracted either oath. 3. When twenty active citizens of the same canton shall unite to ask for the deportation of a non-juring ecclesiastic, the department directory shall be required to pronounce the deportation, if the opinion of the district directory is in con- formity with the petition. 4. When the opinion of the district directory shall be in conformity with the petition, the department directory shall be required to cause commissioners to ascertain by examination whether the presence of the ecclesiastic or ecclesiastics de- nounced is injurious to the public tranquility, and upon the opinion of these commissioners, if it is in conformity with the petition, the department directory shall be required to pro- nounce the deportation. I06 THREE REVOLUTIONARY DECREES 5. In case a non-juring ecclesiastic may have excited disturbances by overt acts, the facts may be denounced to the department directory by one or several active citizens, and after the verification of the facts, the deportation shall like- wise be pronounced. 16. Those of the ecclesiastics against whom deportation shall have been pronounced, who may remain within the kingdom after having declared their retirement, or who may return after their departure, shall be condemned to the pen- alty of imprisonment for ten years. B. Decree for Disbanding the King's Body Guard. May 29, 1792. Duvergier, Lois, IV, 180-181. The National Assembly, considering that the admission into the existing paid guard of the King of a large number of persons who "do not meet the conditions required for that service by the constitutional act; that the spirit of incivism with which that body is generally animated and the conduct of its higher officers excite just alarms and may compromise the personal security of the King and the public tranquility, de- crees- as follows : 1. The existing paid guard of the King is disbanded, and it shall be renewed without delay in conformity with the laws. 2. Until this renewal of the paid guard of the King, the Parisian guard shall do service about his person, just as and in the same manner as it did before the establishment of the paid guard. C. Decree for Establishing a Camp of Federes. June 8, 1792. Moniteur, June 9, 1792. (Reimprcssion, XII, £07.) The National Assembly, deliberating upon the proposal of the minister of war converted into a motion by a member, and after having heard the report of its military committee, considering that it is urgent to convey to the frontiers the troops of the line who are in the capital ; considering that it is important to remove every hope of the enemies of the pub- lic weal who are devising conspiracies in the interior ; consid- PETITION OF THE 20TH OF JUNE 107 ering that it is advantageous to draw still closer at the time of the 14th of July the ties which unite the National Guards of all the other departments with those of Paris, who have served the revolution so well and merited so well of the fatherland by an unlimited devotion and an arduous and con- stant service, decrees that there is urgency, The National Assembly, after having decreed urgency, decrees as follows : I. The armed force already decreed shall be augmented by 20,000 men. 3. The 20,000 additional men shall assemble at Paris on the 14th of 'July next. 8. No citizen shall be allowed to enroll himself who has not done personal service in the National Guard since July 14, 1790, or since the formation of the National Guard of the canton of his commune, or lastly since he has reached the age of 18 years, unless, however, upon leaving the troops of the line with a discharge in regular form he has directly entered the National Guard. He shall be required, besides, upon presenting himself for enrollment, to deliver to the municipality a certificate of civ- ism of the .officers, under officers and National Guards of the company in which he served. 21. The Petition of the 20th of June. June 20, 1792. Monitcur, June 22, 1792 (Beimpression, XII, 717). This petition was carried to the Legislative Assembly by the great crowd which after presenting it broke into the Tulleries on June 20, 1792. Two features of it deserve attention: (1) what it shows as to the state of mind of the people of Paris, (2) th« precise character of its demand in regard to the King. The pro- gress of events may be traced by comparing it with No. 23. Refeeenciss. Gardiner, French Revolution, 111-114 ; Mathews, French Revolution, 195-197 ; Stephens, French Revolution, II, 82- 97. Legislators, the French people come today to present to you jo8 PETITION OF THE 20TH OF JUNE their fears and their anxieties; it is in your midst that they set forth their alarms and that they hope to find at last the remedy for their ills. This day recalls the memorable date of the 20th of June, the Tennis Court in which the representatives of the people met and swore in the face of Heaven not to abandon our cause and to die in defence of it. Recall, gentlemen, that sacred oath and allow these same peo- ple, afflicted in their turn, to ask you if you will abandon them. In the name of the nation, which has fixed its eyes upon thij city, we come to assure you that the people are aroused, thai they are equal to the occasion and are ready to make use of unusual methods in order to avenge the majesty of the out- raged people. These extreme means are justified by article 2 of the Declaration of the Rights of Man, resistance to oppression. What a misfortune, however, for the free men who have entrusted to you all their powers to see themselves reduced to the cruel necessity of steeping their hands in the blood of the conspirators ! It is no longer time to conceal it : the plot is discovered; the hour has arrived. Blood will flow or the tree of liberty which we are about to plant will blossom in peace. Legislators, do not let this language astonish you. We do not belong to any party; we do not wish to adopt anything other than what shall be in accord with the constitution. Coulu the enemies of the fatherland imagine that the men of the 14th of July are asleep? If they had that appearance, their awak- ening is terrible ; they have lost none of their energy. The immortal Declaration of the Rights of Man is too profoundly graven upon their hearts. That precious boon, that boon of all the nations will be defended by them and nothing shall be capable of depriving them of it. It is time, gentlemen, to put in execution that article 2 of the Rights of Man. Follow the example of the Ciceros and Demosthenes and unveil in open senate the perfidious machinations of the Catalines. You have men animated by the sacred fire of patriotism : let them speak, and we will act. It is in you that the public safety now re- sides. We have always believed that our union made our strength. Union and general harmony ought to rule in a still greater degree among you ; we have always believed that when the interests of the State were under discussion they alone ought to be looked to, and that the legislator ought to have a heart inaccessible to any individual interest. The image of PETITION OF THE 20TH OF JUNE 109 the fatherland being the sole divinity which it is permissible to adore, could that divinity so dear to all Frenchmen exist even in its temple, for deserters from its worship? could it live? Let the friends of arbitrary power speak! let them make themselves known ! The people, the true sovereign, is there to judge them. Their place is not here; let the land of liberty be purged of them; let them go to Coblentz to join the fimigres. Near them, their hearts will expand ; there they will distill their venom; they will plot without regret; there they will conspire against their fatherland, which will never tremble. It was thus that Cicero spoke in the senate of Rome, when he was pressing the traitor Cataline to go to join the camp of the traitors to the fatherland. Then cause to be carried into effect the constitution and the will of the people who sustain you, and who will perish in order to defend you. Unite, act; it is time. Yes, it is time, legislators, that the French people show themselves worthy of the character which they have as- sumed. They have overthrown prejudices ; they intend to re- main free and to deliver themselves from the tyrants leagued against them. You know the tyrants ; do not yield before them, since a simple declaration often overwhelms the will of despots. The executive power is not in accord with you. We do not wish for any other proof of it than the dismissal of the pa- triotic ministers. Is it thus then that the welfare of a free people shall depend upon the caprice of a king? but ought this king to have any other will than that of the law ? The people willed him thus; and their head is indeed worth that of the crowned despots. That head is the genealogical tree of the na- tion ; and before that robust oak, the feeble reed must bend. We complain, gentlemen, of the inaction of our armies. We aok that you ascertain the cause of it. If it springs from the executive power, let it be abolished! The blood of the patriots ought not to fiow to satisfy the arrogance and am- bition of the perfidious chateau of the Tuileries. Who then can stop us in t)ur march? Shall we behold our armies perish by parts? The cause being a common one, th^ action ought to be general ; and if the first defenders of liberty had thus temporised, would you have been sitting today in this august areopagus? Reflect well herein : nothing can stop you ; liberty cannot be suspended. If the executive power does not act, there can be jIQ ADDRESSES TO THE ASSEMBLY no other alternative; it is that which must cease to be: a single man must not influence the determination of 25 millions of men. If, out of respect, we maintain him in his post, it is on condition that he will fill it constitutionally, if he deviates therefrom he is no longer anything to the French people. We complain, finally, of the delays of the High National Court: you have entrusted to it the sword of the law; why does it wait to lay a heavy hand upon the head of the guilty? Has the civil list here again some influence? Are there priv- ileged criminals whom it may with impQnity shelter from the vengeance of the law? Shall the people be forced to go back to the date, of the 14th of July, to take up that sword again themselves, to avenge at a single stroke the outraged law, and to punish the guilty and pusillanimous depositories of that same law? No, gentlemen, no; you see our fears and our alarms, and you will dissipate them. We have set forth in your midst a great anguish ; v/e have opened our long since embittered hearts; we hope that the last cry which we address to you will make itself felt among you. The people are there; they await in silence a response worthy of their sovereignty. Legislators, we ask for the permanence of our arras until the constitution be put into execution. This petition is not that of the inhabitants of thp Faubourg' Saint-Antoine alone, but of all the sections of the capital and of the environs of Paris. The petitioners of this address ask to have the honor of filing before you. 22. Addresses to the Legislative Assembly, These addresses are typical o£ the many sent to the Legislative Assembly from all parts of France between June 20 and August 10, 1792. Prom them much may be learned about the character of the movement which finally resulted in the suspension of the King. Both the reasons assigned for action against him and the measures demanded should receive attention. Reference. Aulard, lievohiUon Prancaise, 192-205, has a care- ful study of the entire series of addresses. A. Address of the Commune of Marseilles, June 27, 1792. Archives Parlementaires, XLVI, 383-384. Legislators, the nation entrusts to you the maintenance and ADDRESSES TO THE ASSEMBLY m defence of its liberty, its independence, and the sovereignty of its rights. The law relative to royalty, wfhich your predeces- sors established without any regard for the objections and com- plaints of the nation, is contrary to the rights of man. It is time that that tyrannical law should be finally abolished, that the nation should make use of all its rights, and that it should govern itself. Legislators, the principles of the Constitution of every free nation, which your predecessors have decreed, which the French have adopted, and which they have sworn to defend, give us the right to these. These are : "Men are born and remain free and equal in rights. Social distinctions can be based only upon public utility." "The aim of every political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression." "All citizens are equal in the eyes of the law; all are equally admissible to all the dignities, public places and em- ployments, according to their capacities, and without any other distinction than that of their virtues and their talents." Such, legislators, are the eternal foundations of all polit- ical principles. Anything which is contrary to these principles ought to be rejected from a free Constitution. How then could our Constituents, your predecessors, establish upon these foundations that monstrous pretension of a special family to which should be delegated hereditarily the royalty, from male to male, by order of primogeniture? How can there be that reigning family in a time in which everything must be regen- erated? What has that reigning family done to he preferred to every other? Is it necessary to make a law for the in- violability of one person? Does that inviolability guarantee it against the steel of assassins? Is not the privilege subversive of every principle ? Who would recognize there the principles of that sovereign reason which had consecrated the impre- scriptible rights of man, in decreeing that there shoiild no longer exist any hereditaiy distinction? Is this supreme dis- tinction founded upon public utility? Who is the wise Constit- uent who can assure and guarantee that the son of the great- est and most just of kings will be like his father? that he will not be a traitor, a scoundrel? Would it be necessary, then, 112 ADDRESSES TO THE ASSEMBLY in conformity with that pernicious law, that although he should be depraved, he might with impunity bring wretclied- ness upon men whom that same law submitted to the fury of his crimes? No, legislators, it is only the hired abettors of tyranny who have been capable of abandoning themselves to that delirium ! and it is in the sanctuary destined for the tri- umph of liberty, reason, and justice, that that usurped pre- tension has obtained the force of law! What infamy! The nation cannot subscribe to it. It once made vain objections ; it desires today that they may be effective. It has the incon testable right to approve or to reject the laws which its repre- sentatives impose upon it, since it is the only sovereign. What has this ruling family done to be elevated to this post? Was it the ruin of our finances, wais it the sceptre of iron with which it ruled us who had prepared that homage, while robbing us of our gold and exhausting our substance? or, indeed, was it the hereditary descendants of that family, prolific of rebellious Emigres, who, charged with debts, ac- cusations and crimes, our Constituents would have wished to force us to recognize as masters? Do not be offended by that word, legislators, it signifies nothing for us. But such is the pretension of kings, such is the intention of cowards and slaves. May not the gold of that enormous civil list, which cannot be diminished before the date of each change of reign, per- petuate the means of corruption? and may not these means ruin the nation before it has the right to abolish them? And that independent guard which our Constituents have granted to their king and which the nation pays by keeping up the civil list, can there be a. private force by the terms of the Rights of Man? And if it is a public force, can it serve the King alone ? And that law, by which the choice and dismissal of the min- isters belong to the King alone, is it not, despite their pre- tended responsibility, an inexhaustible source of abuses, crimes and disorders, a source of eternal divisions and contradictions ? And, finally, that suspensive veto, put in opposition to out best laws by the authority of a single person and contrary to the general will, does it not radically destroy our Constitution ? Can the legislative power exist in the presence of that de- structive law of the absolute executive power? And can the ADDRESSES TO THE ASSEMBLY "3 judicial power, to which the legislative power gives existence and life, continue to be effective, if the executive power par alyzes our laws? Avow, legislators, that our Constituents have settled noth- ing at all ; and if you wish to be something, if you wish to be useful to the nation, abrogate a law which renders null the national will. We all know the history of our disasters, it would be useless to recall it. The indignation which it provokes has reached its climax. Let us make haste to destroy the cause and to re-establish ourselves in our rights. Let the execu tive power be appointed and renewed by the people, as are, with some slight differences, the other two powers, and soon all will be re-established. Done ait Marseilles, at the communal building, June 27, the fcurth year of liberty. B. Address of the Federes at Paris, July 23, 1792. Arch- ives Parlemcntaires, XLVII, 69-70. Representatives elected by the people to defend and preserve their rights, listen to-day once more to the cry of their grief. Some weeks have passed since you declared that the father- land was in danger and you do not indicate to us any means of saving it. Can you still ignore the cause of our evils, or ignore the remedies for them? Well, legislators, we citizens of the 83 departments, we, whom love of liberty alone has brought here, we, who are strong in the deliberate and strongly pronounced opinion of all the French, point out to you that remedy. We say to you that the source of our evils is in the abuse which the head ox the executive power has made of his author- ity; we say to you that it is also in the staffs of the army, in a large portion of the department and district directories and in the tribunals. Let us say to you once more, with the frankness of a free people and one which holds itself ready to defend its rights, that it exists in part in your midst. Legislators, the peril is imminent, it can no longer be dis- simulated, it is necessary that the reign of the truth commence ; we are courageous enough to come to tell it to you, be cour- ageous enough to hear it. Deliberate, during the sitting and without leaving the J 14 ADDRESSES TO THE ASSEMBLY place, upon the one means to remedy our evils ; suspend the executive power as was done last year ; thereby you will cut the root of all our evils. We know that the constitution does not speak of deposition ; but in order to declare that the King has forfeited the throne it is necessary to try him, and in order -to try him it is necessary that the King should be temporarily suspended. Convoke the primary assemblies, in order to put jrourselves in a position to learn, in an indirect manner, the desire of the majority of the people for the national convoca- tion upon the so-called constitutional articles relative to the executive power. Legislators, there is not an hour nor a second to lose, the •evil is at its heig'ht, avert from your fatherland a universal shock, make use of all the power which is entrusted to you and save it yourselves. Would you fear to call down upon your heads a terrible responsibility, or indeed (what we cannot believe) would you wish to give to the nation a proof of im- potency? There would remain to it no more than one re- source, that of displaying all its strength and sweeping away its tyrants. We have all, both you and we, sworn a hundred times to live free and to die in defending our rights. Well, we have come to renew that oath which makes despots trem- ble when it is pronounced by men who know how to feel strongly. We shall either emerge from this conflict free or -else the tomb of liberty shall be ours. C. Address of the Paris Sections. August 3, 1792. Archives Parlementaires, XLVII, 425-427. Legislators, it is when the fatherland is in danger that all its children ought to press around it; and never has so great a peril threatened the fatherland. The commune of Paris sends us to you ; we come to bring into the sanctuary of the laws the opinion of an immense city. Filled with respect for -the representatives of the nation, full of confidence in their courageous patriotism, it has not despaired of the public safety; but it believes that to cure the ills of France it is -necessary to attack them in their source and not to lose a mo- ment. It is with grief that it denounces to you, through our agency, the head of the executive power. Without doubt, the people have the right to be indignant with him; but the Ian- ADDRESSES TO THE ASCESiBLT 115 guage of anger does not befit brave men. Compelled b\ Louis XVI to accuse him before you and before all France, we shall accuse him without bitterness as without pusillanimous defer- ence. It is no longer time to listen to that protracted indul- gence which befits generous peoples, but which encourages kings to perjury; and the most respectable passions must be silent when the saving of the State is in question. We shall not retrace for you the entire conduct of Louis XVI since the first days of the Revolution, his sanguinary projects against the city of Paris, his predilection for nobles and priests, the aversion which he exhibited to the body of the people, the National Constituent Assembly outraged by court valets, invested by men of arms, wandering in the midst of a royal city and finding an asylum only in a tennis court. We shall not retrace for you the oaths so many times violated, the protestations renewed incessantly and incessantly contradicted by actions, up to the moment at which a perfidious flight came to open the eyes of the citizens most blinded by the fanaticism of slavery. We shall leave at one side everything which is covered by the pardon of the people; but pardon is not obliv- ' ion. It would be in \'ain, moreover, should we be able to for- get these delinquencies ; they will soil the pages of history and posterity will remember them. However, legislators, it is our duty to remind you in rapid terms of the favors conferred by the nation upon Louis XVI and of the ingratitude of that prince. How many reasons there were for depriving him of the throne at the moment in which the people reconquered the sovereignty ! The memory of an imperious _ and devouring dynasty, in which scarcely one king is reckoned against twenty tyrants, the hereditary despotism increasing from reign to reign with the misery of the' people, the public finances entirely ruined by Louis XVI and'lift two predecessors, infamous treaties ruining the nation- al honor, the eternal enemies of France becoming its allies and its masters : these are what constituted the rights of Louis XVI to the constitutional sceptre. The nation, faithful to its character, has preferred to be generous rather than prudent: the despot of an enslaved land has become the king of a free people : after having attempted to flee from France, in order to reign at Coblentz, he has been replaced upon the throne, Il6 ADDRESSES TO THE ASSEMBLY perhaps contrary to the wish of the nation which ought to have been consulted. Favors without number have followed that great favor. We have seen in the last days of the Constituent Assembly the rights of the people enfeebled in order to strengthen the royal authority, the first public functionary become an hered- itary representative, a military establishment created for the splendor of his throne, and his legal authority supported by a civil list which has no other limits than those which he has wished to prescribe for it. And we have speedily seen the favors of the nation turned against it. The power delegated to Louis XVI for the main- tenance of liberty arms itself in order to overthrow il. Let us cast a glance over the interior of the Empire. Perverse ministers are removed by the irresistible force of public con- tempt ; they are the ones for whom Louis XVI mourns. Their successors notify the nation and the king of the danger which surrounds the fatherland; they are dismissed by Louis XVI for having shown themselves citizens. The royal inviol- ability and the perpetual change of the ministry each day elude the responsibility of the agents of the executive power. A con- spiring guard is dissolved in appearance ; but it still exists : it is still paid by Louis XVI ; it sows trouble and promotes civil war. Turbulent priests, abusing their power over timid consciences, arm children against their fathers ; and from the land of liberty they send forth new soldiers under the ban- ners of servitude. These enemies of the people are protected by the appeal to the people, and Louis XVI maintains for them the right to conspire. Coalesced department directories dare to constitute themselves arbiters between the National Assembly and the King. They form a species of dispersed High Chamber in the midst of the Empire; some even usurp the legislative authority; and in consequence of a profound ignorance, while declaiming against the republicans, they seem to wish to organize France into a federative republic. It is in the name of the King that they inflame intestinal divisions ; and the King does not disavow with indignation two hundred stupid and guilty administrators repudiated from one end of P'rance to the other by the immense majority of the administrations ! Abroad, armed enemies threaten our territory. Two des- ADDRESSES TO THE ASSHMBLY i [7 pots publish against the French nation a manifesto as insolent a; absurd. French parricides, led by the brothers, kinsmen and connections of the King, prepare to rend the bosom of their fatherland. Already the enemy upon our frontiers places exe- cutioners in opposition to our warriors. And it is to avenge Louis XVI that the national sovereignty is impudently out- raged; it is to avenge Louis XVI that the execrable House of Austria adds a nevir chapter to the history of its cruelties ; it is to avenge Louis XVI that the tyrants have renewed the wish of Caligula, and that they would wish to destroy at a single blow all the citizens of France ! The flattering promises of a minister have caused the declar- ation of war, and we have commenced it with armies incom- plete and destitute of everything. Belgium calls upon us in vain ; perverse orders have re- strained the ardor of our soldiers ; our first steps into those fair countries have been marked by conflagration ; and the in- cendiary is still in the midst of the camp of the French ! All the decrees which the National Assembly have rendered for the purpose of re-enforcing our troops are annulled by the lefusal of the sanction or by perfidious delays. And the enemy ad- vances with rapid steps, while patricians command the armies of equality, while our generals leave their posts in the face of the enemy, permit the armed force to deliberate, come to pre- sent to the legislators their opinions which cannot be legailly expressed, and calumniate a free people whom it is their duty to defend. The head of the executive power is the first link in the counter revolutionary chain. He seems to participate in the conspiracies of Pilnitz, which he has made known so lately. His name contends each day against 'that of the nation; his name is a signal of discord between the people and their mag- istrates, between the soldiers and the generals. He has sep- arated his interests from those of the nation. Let us separate tiiem as he has done. Far from putting himself by a formal act in opposition to the enemies within and without, his con- duct is a formal and perpetual act of disobedience to the Con- stitution. As long as we shall have such a king, liberty can- not strengthen itself ; and we are determined to remain free. By a stretch of indulgence we might have desired authority to Il8 THE BKUNSWICK MANIFESTO ask you for the suspension of Louis XVI as long as the dan- ger of tlie fatherland shall continue ; but the Constitution pre- cludes that. Louis XVI invokes the Constitution incessantly; we invoke it in our turn and ask for his deposition. That great measure once taken, since it is very doubtful whether the nation can have confidence in the present dynasty, we ask that ministers, jointly and severally responsible, se- lected by the National Assembly, but outside of its own body, according to the constitutional law, 'selected by the open vote of free men, may exercise provisionally the executive power while waiting for the will of the people, our sovereign and yours, to be legally pronounced in a National Convention, as soon as the security of the State may permit it. Meanwhile let our enemies, whoever they may be, all range themselves be- yond our frontiers ; let dastards and perjurers abandon the soil ot liberty ; let 300,000 slaves advance ; they will find before them 10 millions of free men, as ready for death as for vic- tory, fighting for equality, for the paternal roof, for their wives, their children and their aged ones. Let each of us be soldiers in turn ; and if it is necessary to have the honor of dying for the- fatherland, before yielding the last breath, let each of us make his memory illustrious by the death of a slave or a tyrant. 23. The Duke of Brunswick's Manifesto. July 25, 1792. Archives Parlementaires, XLVII, .372-373. This document sealed the fate of the old monarchy. Known at Paris on July 28, when the agitation for the suspension of the liing had already attained great strength, it gave the final im- pulse to that movement. Its authorship has been much discussed and it is now clear .that the document was substantially the work of Emigres. Eefkhences. Gardiner, French Revolution, 114-115; Mathews, French Revolution, 198-199 ; Stephens, French Revolution, II, 105 106 ; Lavisse and Rambaud, Histoire Oenerale, VIII, 139-140 ; Sorel, L'Europe et la Revolution Francaise, II, 503-515. Their Majesties, the Emperor and the King of Prussia, having committed to me the command of the united armies vyihich they have caused to assemble on the frontiers of THE BRUNSWICK MANIFESTO ii( France, I have wished to announce to the inhabitants o: this kingdom, the motives which have determined the meas- ures of the tv/o sovereigns and the intentions which guidf them. After having arbitrarily suppressed the rights anc possessions of the German Princes in Alsace and Lorraine disturbed and overthrown good order and legitimate govern ment in the interior; exercised, against the sacred person o the king and his august family, outrages and brutalities whicl are still carried on and renewed day by day; those who hav' usurped the reins of the Administration have at last com pleted their work by declaring an unjust war against his Maj- esty the Emperor and by attacking his provinces situated ii the Low Countries. Some of the possessions of the Ger manic Empire have been enveloped in this oppression, an( several others have only escaped the same danger by yieldinf to the imperious threats of the dominant party and of it; emissaries. His Majesty the King of Prussia, united with his Im perial Majesty by the bonds of a strict defensive alliance ant himself the preponderant member of the Germanic body, coul( not excuse himself from marching to the help of his ally am his Co-State; and it is under this double relationship tha lie takes up the defence of this monarch and of Germany. To these great interests is added another aim equall; important and very dear to the hearts of the two sovereigns it is to put an end to the anarchy in the interior of France to stop the attacks carried on against the throne and thi altar, to re-establish the legal power, to restore to the Kinj the security and liberty of which he is deprived, and to pu him in a position to exercise the legitimate authority whicl is his due. Convinced that the sound part of the French nation' ab hors the excesses of a faction which dominates it, and tha the greatest number of the inhabitants look forward witi impatience to the moment of relief to declare themselves open ly against the odious enterprises of their oppressors, his Maj esty the Emperor and his Majesty the King of Prussia, cal upon them and invite them to return without delay to the wayi c f reason, justice, order and peace. It is in accordance witi 120 THE BRUNSWICK MANIFESTO these views, that I, the undersigned, the General, commanding in chief the two armies, declare : 1. That, drawn into the present war by irresistible circum- stances, the two allied courts propose to themselves no other aim than the welfare of France and have no intention of en- riching themselves by conquests ; 2. That they do not intend to meddle with the interna] government of France, but that they merely wish to deliver the King, the Queen and the royal family from their captivity, and to procure for His Most Christian Majesty the necessary security that he may make without danger or hindrance the conventions which he shall judge suitable and may work for the welfare of his subjects, according to his promises and as far as it shall depend upon him; 3. That the combined armies will protect the town=;, bor- oughs and villages and the persons and goods of those who shall submit to the King and who shall cooperate in the im- mediate re-establishment of order and of the police in the whole of France; 4. That the National Guard will be called upon to watch provisionally over the peace of the towns and country districts, the security of the persons and goods of all French- men, until the arrival of the troops of their Imperial and Royal Majesties, or until otherwise ordered, under pain of being personally responsible; that on the contrary, those of the National Guard who shall fight against the troops of the two allied courts, and who shall be taken with arms in their hands, will be treated as enemies and punished as rebels to their King and as disturbers of the public peace; 5. That the generals, officers, under officers and troops of the French line are likewise summoned to return to their former fidelity and to submit themselves at once to the King, their legitimate sovereign; 6. That the members of the departments, of the districts and municipalities shall likewise answer with their heads and their goods for all offences, fires, murders, pillaging, and acts of violence, which they shall allow to be committed, or which they have not manifestly exerted themselves to prevent within their territory; that they shall likewise be required to con- tmue their functions provisionally, until His Most Christian THE BRUNSWICK MANIFESTO 12I Majesty, being once more at liberty, maj- have provided for them subsequently or until it shall have been otherwise ordained in his name in the meantime ; 7. That the inhabitants of the towns, boroughs and vil- lages who may dare to defend themselves against the troops of their Imperial and Royal Majesties and fire on them either in the open country, or through the windows, doors and open- ings of their houses, shall be punished immediately accord- ing to the strictness of the law of war, and their houses de- stroyed or burned. On the contrary, all the inhabitants of the said towns, boroughs and villages, who shall submit to their King, opening their doors to the troops of their Majesties, shall at once be placed under their immediate pro- tection ; their persons, their property, and their effects shall be under the protection of the laws, and the general security of all and each of them shall be provided for ; 8. The city of Paris and all its inhabitants without distinc- tion shall be required to submit at once and without delay to the King, to put that prince in full and perfect liberty, and to assure him as well as the other royal personages the in- violability and respect which the law of nations and men re- quires of subjects toward their sovereigns ; their Imperial and Royal Majesties declare personally responsible with their lives for all events, to be tried by military law and without hope of pardon, all the members of the National Assembly, of the department, district, municipality and National Guard of Paris, the justices of the peace and all others that shall be con- cerned ; their said Majesties also declare on their honor and on their word as Emperor and King, that if the Chateau of the Tuileries be entered by force or attacked, if the least violence or outrage be offered to their Majesties, the King, Queen and royal family, if their preservation and their liberty be not immediately provided for, they will exact an exemplary and ever-memorable vengeance, by delivering the city of Paris over to a military execution and to complete ruin, and the rebels guilty of these outrages to the punishments they shall have deserved- Their Imperial Royal Majesties, on the con- trary, promise the inhabitants of Paris to employ their good offices with His Most Christian Majesty to obtain pardon for their misdeeds and errors, and to take the most vigorous meas- 122 DECREE SUSPENDING LOUIS XVI ures to assure their lives and property, if they obey promptly and exactly all the above mentioned order. Finally, their Majesties being able to recognize as laws in France only those which shall emanate from the King, in the enjoyment of a perfect liberty, protest beforehand against the authenticity of any declarations which may be made in the name of His Most Christian Majesty, so long as his sacred person, that of the queen, and those of the royal fam- ily shall not be really in security, for the effecting of which their Imperial and Royal Majesties beg His Most Christian Majesty to appoint the city in his kingdom nearest the fron- tiers, to which he would prefer to retire with the Queen and his family under good and sufficient escort, which will be furnished him for this purpose, so that His Most Christian Majesty maj in all security summon such ministers and coun- cillors as he may see fit, hold such meetings as he deems best, provide for the re-establishment of good order and regulate the admmistration of his kingdom. Finally, I declare and bind myself, moreover, in my own private name and in my above capacity, to cause the troops en- trusted to my command to observe a good and exact disci- pline, promising to treat with kindness and moderation all well intentioned subjects who show themselves peaceful and submissive, and only to use force against those who shall make themselves guilty of resistance and ill-will. It is for these reasons that I call upon and exhcrt all the inhabitants of the kingdom in the strongest and most urgent manner not to oppose the march and the operations of the troops which I command, but rather to grant them every- where la free passage and with every good will to aid and assist as circumstances shall require. Given at the head-quarters at Coblentz, July 25, 1792. Signed, Charles William Ferdinand, Duke of Brunswick-Lunebourg. 24. Decree for Suspending Louis XVI. August 10, 1792. Duvergier, Lois, IV, 190-291, This decree was passed by the Legislative Assembly after the storming of the Tulleries. Every feature of it is important. The DECREE SUSPENDING L0UI,3 XVI 12.5 precise action with reference to the King, the character of the provisional arrangements, and the phraseolOiSy of the document should receive careful attention. KErEHENCKS. Stephens, French Revolution, II, 130-131 ; Aulard, Revolution Franca isc, 215-220. The National Assembly, considering that the dangers of the fatherland have reached their height; That it is for the Legislative Body the most sacred of du- ties to employ all means to save it ; That it is impossible to find efficacious ones, unless they sliaJl occupy themselves with removing the source of its evils ; Considering that these evils spring principally from the misgivings which the conduct of the head of the executive power has inspired, in a war undertaken in his name against the constitution and the national independence ; That these misgivings have provoked from different parts of the Empire a desire tending to the revocation of the author- ity delegated to Louis XVI; Considering, nevertheless, that the Legislative Body ought not to wish to aggrandize itself by any usurpation ; That in the extraordinary circumstances wherein events unprovided for by any of the laws have placed it, it cannot reconcile what it owes, in its unshaken fidelity to the consti- tution, with the firm resolve to be buried under the ruins of the temple of Liberty rather than to permit it to perish, ex- cept by recurring to the sovereignty of the people and by taking at the same time the precautions which are indispensable, in order that this recourse may not be rendered illusory by treasons ; decrees as follows : 1. The French people are invited to form a National Con- vention ; the extraordinary commission shall present tomorrow a proposal to indicate the method and the time of this con- vention. 2. The head of the executive power is provisionally sus- pended from his functions until the National Convention has pronounced upon the measures which it believes ought to be adopted in order to assure the sovereignty of the people and the reign of liberty and equality. 3. The extraordinary commission shall present within 124 DECREE FOE THE CONVENTION the day a method for organizing a new ministry ; the ministers actually in service shall continue provisionally the exercise of their functions. 4. The extraordinary commission shall present, likewise, within the day, a proposal for a decree upon the selection of a governor of the prince royal. 5. The payment of the civil list shall continue suspended until the decision of the National Convention. The extra- ordinary commission shall present, within twenty-four hours, a proposal for a decree upon the stipend to be granted to the King during the suspension. 6. The registers of the civil list shall be deposited in the ofBce of the National Assembly, after having been numbered and attested by two commissioners of the Assembly, who shall repair for that purpose to the intendant of the civil list. 7. The King and his family shall reside within the pre* cincts of the Legislative Body until quiet may be re-established in Paris. 8. The department shall give orders to cause to be pre?- pared for them within the day a lodging at the Luxem- bourg, where they shall be- put under the custody of the citi- zens and the law. 9. Every public functionary, every soldier, under-officer, officer, of whatever grade he may be, and general of an army, who in these days of alarm shall abandon his post, is declared infamous and traitorous to the fatherland. 10. The department and the municipality of Paris shall cause the present decree to be immediately and solemnly pro- claimed. 11. It shall be sent by extraordinary couriers to the eighty-three departments, which shall be required to cause it to reach the municipalities of their jurisdiction within twenty-four hours, in order to be proclaimed with the same solemnity. 25. Decree for Electing the Convention. August 11, 1792. Duvergier, Lois, IV, 297. This decree was the work of the Legislative Assembly, which continued in session until the Convention met on September 21. DECREE FOE THE CONVENTION 125 The kind of authority to which the Assembly laid claim and the points In which the electoral arrangements of this decree differ from those of the Constitution of 1791 should be noted. EfiFiEHENCE. Aulard, Revolvtion Fran'-aiise, 239-241. The National 'Assembly, considering that it has njt the right to submit to imperative regulations the exercise of the sovereignty in the formation of a National Convention, and that, nevertheless, it is important for the public safety tliat the primary and electoral assemblies should form themselves at the same time, should act with uniformity, and that the National Convention should be promptly assembled, Invites the citizens, in the name of liberty, equality, and the fatherland, to conform themselves to the following regu- lations : 1. The primary assemblies shall select the same number of electors as they have selected in the last elections. 2. The distinction of Frenchmen into active and non-active citizens shall be suppressed ; and in order to be admitted to them, it shall suffice to be French, twenty-one years of age, domiciled for a year, living from his income or the product of his labor, and not being in the status of a household servant. As to those who, meeting the conditions of activity, were sum- moned by the law to take the civic oath, they shall be bound, in order to be admitted, to give proof of the taking of that oath. 3. The conditions of eligibility demanded for the s'ectors or for the representatives not being applicable to a National Convention, it shall suffice, in order to be eligible as deputy or as elector, to be twenty-five years of age and to unite the con- ditions demanded by the preceding article. 4. Each department shall select the number of deputies and aJternates which it has selected for the existing legislature. 5. The elections shall take place according to the same method as for the legislative assemblies. 6. The primary assemblies are invited to invest their rep- resentatives with an unlimited confidence. 7. The primary assemblies shall meet on Sunday, August 26, in order to choose the electors. 8. The electors chosen by the primary assemblies shall meet on Sunday, September 2, in order to proceed to the elec- tion of the deputies to the National Convention. 126 JACOBIN CLUB ADDRESS g. The electoral assemblies shall sit in the places indicated by the table which shall be annexed to the present decree. 10. On account of the necessity of hastening the elec- tions, the presidents, secretaries, and tellers, both in the pri- mary assemblies and in the electoral assemblies, shall be chosen by plurality and by a single ballot. 11. The choice of the primary assemblies and the electoral assemblies may fall upon any citizen uniting the conditions above restored, whatever may be the public functions which he exercises or which he may have formerly exercised. 12. The citizens in the primary assemblies, and the electors in the electoral assemblies, shall take the oath to maintain lib- erty and equality or to die in defending them. 13. The deputies shall repair to Paris on September 20, and they shall cause themselves to be enrolled at the archives of the National Assembly. When they shall be two hundred in number, the National Assembly shall indicate the day of the opening of their sittings. 14. The National Assembly, after having indicated to the French citizens the regulations to which it believes it ought to invite them to conform themselves, considering that cir- cumstances and justice alike urge a compensation in favor of the electors, decree that the electors who shall be obliged to go away from their domicile shall receive twenty sous per lesgue, and three Vri'rcs per day of sojourn. The principal administration of the place where the electoral assemblies shall meet is authorised to deliver the necessary orders for the payment of the "compensation due to the electors, subject to causing the replacement of it in the cof- fers of the district, upon the production of the additional sous from the department. The above instruction and decree shall be, for more prompt dispatch, addressed directly to both the district administrations and the department administrations ; there shall be sent to each district administration a sufficient number of copies in order that they may transmit it without delay to each municipality. 26. The Jacobin Club Address. September 12, 1702. Aulard, Jacohim, IV, 280-281. During the interval between the 10th of August and the meet- JACOBIN CLUB ADDRESS 127 lug of the Convention on September 21, 1792, the Jacobin Club closely followed and accurately expressed the tendency of public opinion in France upon tlie question of the permanent form of government. This address, representing the lina.1 position of the club, had considerable influence in the way of preparing for the Republic. Reference. Aulard, Revolution Francaise, 239-241. The Mother Society has seen itself obliged to interrupt its correspondence since the loth of August; this is not be- cause it has thought that that famous day was the end of all the conspiracies and of all the intrigues ; a large portion of its members have received from the public confidence places in the provisional administrations, juries, etc. But the Society, become a little more numerous, has expressed its desire to resume an active correspondence with its brothers of the de- partments, persuaded that circumstances demand more than ever fraternal communications between all the Patriotic So- cieties- Since the loth of August conspirators have expiated their offences; the public spirit has risen again; the sovereign, re- covered possession of its rights, triumphs at length over the scoimdrels leagued against its liberty and its welfare. Never- theless, the people of Paris have felt the necessity of preserv- ing an imposing attitude and of exercising a strict surveillance over the Minions and agents of the traitor, Louis the Last. Be apprehensive, brothers and friends, lest new intrigues shall follow the baffled intrigues. The head, the cause and the pre- text of the machinations still lives ! Despotism moves in the darkness : let us be ready to engage in a combat to the death with it, under whatever form it presents itself. The great interests of the people are about to be considered in the National Convention; let us not lose a moment in pre- paring and making heard the national opinion, which alone ought to direct its actions. Especially let us prevent by firm measures the danger of seeing these new legislators oppose with impunity their personal interests or their opinions to the sovereign will of the nation. Let there be henceforth no in- violability except the law; let all the public functionaries al- ways see the penalty alongside of the ofifence; recollect how small is the number of legislators who have resisted corrup- tion : only a very few of them are counted in each legislature. 128 TRANSITION TO REPUBLIC DOCUMENT.-i Let us impress our minds then with the spirit of the orders of the electoral body of Paris ; they alone can save us from all sorts of despotism and the dangers of convulsions too long a time prolonged, etc. These orders are in substance : The purgatorial examination of the National Convention, in order to reject from its midst the suspected members who may have escaped the sagacity of the primary assemblies ; The revocability of the deputies to the National Convention who have attacked or who attack by any motions the rights of the sovereign ; The sanction, or the popular revision of all the constitu- tional decrees of the National Convention ; The entire abolition of royalty and the penalty of death against those who may propose to re-establish it; The form of a republican government. These, friends and brothers, are the important matters which the electors, the Commune, and the Primary Assemblies of Paris, invite us to discuss earnestly in order to fortify and encompass the National Convention with your opinion upon these matters. 27. Documents upon the Transition to the Repubtio From these documents something can be learned of the manner in which the Republic came to be established. The precise effect of each measure should be noted. Reference. Aulard, Eevolution Francaise, 268-274. A. Declaration upon the Constitution. September 2t, 17011 Duvergier, Lois, V, i. The National Convention declares: ist, there cannot be any constitution except that which is accepted by the people; 2d, that persons and property are under the safeguard of the nation. B. Decree for Abolishing Monarchy. September 21, 1792. Duvergier, Lois, V; i. The National Convention decrees unanimously, thit mon- archy is abolished in France. CONVENTION AND FOREIGN POLICY 129 C. Decree for Provisional Enforcement of the Laws. September 21, 1792. Moniteur, September 22, 1792 (Reim- pression, XIV, 8). The National Convention declares that all the laws not abrogated and all the powers not revoked or suspended are maintained. , The National Convention declares that the taxes at present actually existing shall be collected as in the past. D. Decree upon the Dating of Public Documents. Sep- tember 22, 1792. Duvergier, Lois, V, 2. A member demanded that henceforth documents be dated, the Urst year of the French Republic. Another member proposed to join to that the era in use, the fourth year of liberty. This amendment is rejected, and it is decreed that' all the public documents shall bear henceforth the date of the first year of the French Republic. E. Decree upon the Unity and Indivisibility of the Re- public. September 25, 1792. Duvergier, Lois, V, 4. The National Convention declares that the French Republic is one and indivisible. 28. Documents upon the Convention and Foreign Policy. The adoption of the policy set forth in the first two of these decrees marlts a great turning point in tlie liistory of the Revolu- tion. Document A, passed hastily amid the enthusiasm following the French victory at Jemmapes, may be regarded as representing the Girondist theory of foreign policy. In contrast, document B may be called the Montagnard theory. Document C represents Ihe more practical and moderate policy of Danton. Special at- tention should be given to the effect of each of these decrees in foreign countries. REFEiiENCiis. Gardiner, French devolution, 130-135 ; Stephens, French Revolution, II,- 204-206 ; Lecky, England in the Eighteenth Century, V, 58, 81-83 ; Von Sybel, French Revolution, II, 235-237, 257-239, III, 41-43 ; Lavisse and Rambaud, Histoire Generate, VIII, 242-245, 282-2S5. A. Declaration for Assist ?.nce and Fraternity to Foreign Peoples. November 19, 1792. 5 130 CONVENTION AND FOREIGN POLICY The National Convention declares, in the name of the French people, that it will accord fraternity and assistance to all peoples who shall wish to recover their liberty, and charges the executive power to give to the generals th» necessary or- ders to furnish assistance to these peoples and to defend the citizens who may have been or who may be harassed for the cause of liberty. The present decree shall be translated and prinfed in all languages. B. Decree for Proclaiming the Liberty and Sovereignty of all Peoples. December 15, 1792. Duvergier, Lois, V, 82-84. The National Convention, after having heard the report of its united committees of finances, war, and diplomacy, faith- ful to the principles of the sovereignty of the people, which do not permit it to recognize any of the institutions which bring an attack upon it, and wishing to settle the rules to be followed by the generals of the armies of the Republic in the countries where they shall carry its arms, decrees : 1. In the countries which are or shall be occupied by the armies of the Republic, the generals shall proclaim immedi- ately, in the name of the French nation, the sovereignty of the people, the suppression of all the established authorities and of the existing imposts and taxes, the abolition of the tithe, of feudalism, of seignioral rights, both feudal and cen- suel, fixed or precarious, of banalities, of real and personal servitude, of the privileges of hunting and fishing, of corvees, of the nobility, and generally of all privileges. 2. They shall announce to the people that they bring them peace, assistance, fraternity, liberty and equality, and that they will convoke them directly in primary or communal assemblies, in order to create and organize an administration and a provis- ional judiciary; they shall look after the security of persons and property ; they shall cause the present decree and the pro- clamation herewith annexed to be printed in the language or idiom of the country, dnd to be posted and executed without delay in each commune. 3. All the agents and civil and military officers of the former government, as well as the persons formerly reputed noble, or the members of any formerly privileged corporation, shall be, for this time only, inadmissible to vote in the primary CONVENTION AND FOREIGN POLICY 131 or communal assemblies, and they shall not be elected to ad- ministrative or the provisional judicial power. 4. The generals shall directly place under the safeguard and protection of the French Republic all the movable and immovable goods belonging to the public treasury, to the prince, to his abettors, adherents and voluntary satellites, to the public establishments, to the lay and ecclesiastical bodies and communities; they shall cause to be pr^ared without delay a detailed list of them, which they shall dispatch to the executive council, and shall take all the measures which are in their power that these properties may 'be respected. 5. The provisional administration selected by the people shall be charged with the surveillance and control of the goods placed under the safeguard and protection of the French Re- public ; it shall look after the security of persons and property ; it shall cause to be executed the laws in force relative to the trial of civil and criminal suits and to the police and the pub- lic security; it shall be charged to regulate and to cause the payment of the local expenses and those which shall be neces- sary for the common defence; it may establish taxes, provid- ed, however, that they shall not be borne by the indigent and laboring portion of the people. 6. When the provisional administration shall be organized the National Convention shall appoint commissioners from within its own body to go to fraternise with it. 7. The executive council shall also appoint natioml com- missioners, who shall repair directly to the places in order to co-operate with the generals and the provisional administration selected by the people upon the measures to be taken for the- common defence, and upon the means employed to procure the clothing and provisions necessary for the armies, and to meet the expenses which they have incurred and shall incur during their sojourn upon its territory. 8. The national commissioners appointed by the executive council shall every fifteen days render an account to it of their operations. The executive council shall approve, modify or reject them and shall render an account thereof directly to the Convention. 9. The provisional administration selected by the people and the functions of the national commissioners shall cease as J32 CONVENTION AND FOREIGN POLICY soon as the inhabitants, after having declared the sovereignty and independence of the people, liberty and equality, shuU have organized a free and popular form of government. 10. There shall be made a list of the expenses which the French Republic Shall have incurred for the common defence and of the sums which it may have received, and the French nation shall make arrangements with the government which shall have been established for that which may be due; and in case the common interest should require that the troops of the Republic remain beyond that time upon the foreign territory, it shall take suitable measures to provide for their subsist- ence. 11. The French nation declares that it will treat as ene- mies the people who, refusing liberty and equality, or renounc- ing them, may wish to preserve, recall, or treat with the prince and the privileged castes; it promises and engages not to sub- scribe to any treaty, and not to lay down its arms until after the establishment of the sovereignty and independence of the people whose territory the troops of the Republic have entered upon and who shall have adopted the principles of equality, and established a free and popular government. 12. The executive council shall dispatch the present decree by extraordinary couriers to all the generals and shall take the necessary measures to assure the execution of it. The French People to the . . People. Brothers and friends, we have conquered liberty and we shall maintain it. We oiifer to cause you to enjoy this inesti- mable blessing, which has always belonged to us and which our oppressors have not been able to take away from us with- out crime. We have driven out your tyrants : show yourselves free men and we will guarantee you from their vengeance, their projects, and their return. From this moment the French nation proclaims the sover- eignty of the people, the suppression of all the civil and mili- tary authorities which have governed you up to this day, and of all the imposts which you support, under whatever form they exist ; the abolition of the tithe, of feudalism, of seigniora! rig'hts. Both feudal and censuel, settled or precarious, of ban- CONVENTION AND RELIGION 133 alities, of real and personal servitude, of the privileges of hunting and fishing, of the corvees, of the gahelle, of the tolls, of the octrois, and generally of every species of taxes with which you have been charged by your usurpers; it also pro- claims the abolition among you of every noble corporation, sacerdotal and others, of all prerogatives and privileges con- trary to equality. You are from this moment, brothers and friends, all citizens, all equal in rights, and all equally called to govern, to serve, and to defend your fatherland. Form yourselves immediately into primary and communal assemblies, make haste to establish your provisional admin- istrations and judiciaries, in conformity with the provisions of article 3 of the above decree. The agents of the French Republic will co-operate with you in order to assure your wel- fare and the fraternity which ought to exist henceforth be- tween us. C. Decree upon Non-intervention. April 13, 1793. Du- vergier, Lois, V, 248. The National Convention declares, in the name of the French people, that it will not interfere in any manner in the government of the other powers ; but it declares at the same time, that it will sooner be buried under its own ruins than suf- fer that any power should interfere in the internal regime of the Republic, or should influence the creation of the constitu- tion which it intends to give itself. The National Convention decrees the penalty of death against anyone who may propose to negotiate or treat with the hostile powers which may not have previously recognized in a solemn manner the independence of the French Republic, its sovereignty, and the indivisibility and unity of the Republic, founded upon liberty and equality. 29. Documents upon the Convention and Religion. Document A shows the original attitude of the Convention towards religion, which was substantially that of the Constituent Assembly. (See No. 6.) Under various influences that attitude was gradually changed. The royalist sympathies of the non-juring priests led to document B, the Girondist sympathies of the con- stitutional clergy to document C. At the end of the year 1793 the 134 CONVENTION AND RELIGION anti-Christianity movement was very strong outside of tlie Con- vention. Document D represents the attitude of the Convention towards that movement and also marlcs the first step towards the establishment of a new system upon the relations between the state and religion. The remaining documents represent other steps in the process and its final position. The system outlined in document I continued as the legal basis until the Concordat. Eefbeences. Sloane, French Revolution and Religious Reform, 211-217 ; Aulard, Revolution Francaise, Pjirt II, Chs. is and xii ; Lavisse and Rambaud, mstoire Generate, VIII, 514-525 ; Debidour, L'Eglise et I'Mat, 112-152. A. Decree upon Religious Policy. January ii, 1793. Du- vergier, Lois, V, iii. The National Convention, after having heard a deputation of the citizens of the departments of Eure, Orne and Eure et Loire, who ask in the name of more than a hundred thousand of their fellow citizens that they be not disturbed in the ex- ercise of their worship, and who protest that they wish to live and die good Catholics as well as good Republicans, and upon the proposal of one of its members, passes to the order of the day, giving as the motive the existence of its decree of the 30th of November, in which it orders that a notification to the people shall be made in order to explain to them that the Na- tional Convention never had an intention of depriving them of the ministers of the Catholic sect whom the Civil Constitution of the Clergy has given them. It decrees, besides, that a copy of this decree and of that of the 30th of November shall be sent to the petitioners. B. Decree upon the Non-juring Priests. April -23, 1793. Duvergier, Lois, \ , 256. 1. The National Convention decrees that all the secular and regular ecclesiastics and convert and lay brothers, who have not taken the oath to maintain liberty and equality in conformity with the law of August 15, 1792, shall be embarked and transferred without delay to French Guiana. 2. Those who shall be denounced because of incivism by six citizens in the canton shall be subject to the same penalty. 5. Those deported in execution of articles i and 2 above CONVENTION AND RELIGION I3S who may return to the territory of the Republic shall be pun- ished by death within twenty-four hours. C. Decree upon Dangerous Priests. October 20-21, 1793 (29 Vendemiaire, Year II). Duvergier, Lois, VI, 241-242. 1. Priests subject to deportation and taken with arms in their hands, either upon the frontiers or in the country of the enemy ; Those who shall have been or shall be discovered in pos- session of permits or passports delivered by French emigrant leaders, or by commanders of enemies' armies, or by leaders of the rebels ; And those who shall be furnished with any counter-revolu- tionary symbols, shall be delivered within twenty-four hours to the executioner of condemned criminals and put to death, after the facts shall have been declared proven by a military commission formed by the officers of the staff of the division within the area of which they shall have been arrested. 2. Those who have been or who shall be arrested without arms in the countries occupied by the troops of the Republic shall be tried in the same form and punished by the same penalty, if they have been previously in the armies of the en- emy or in the musters of fimigres or insurgents, or if they were there at the moment of their arrest. S. Those of these ecclesiastics who shall return and those who have returned to the territory of the Republic shall be sent to the court house of the criminal tribunal of the depart- ment within the area of which they shall have been or shall be arrested; and, after having undergone examination, of which record shall be kept, they shall be delivered within twenty- four hours to the executioner of condemned criminals and put to death, after the judges of the tribunal shall have declared that the prisoners are convicted of having been subjects of deportation. 10. Those declared subjects for deportation, trial and pun- ishment as such, are the bishops, former archbishops, cures 136 CONVENTION AND RELIGION kiept in place, vicars of these bishops, superiors and di- rectors of seminaries, vicars of the cures, professors of semi- naries and colleges, public instructors, and those who shall have preached in any churches whatsoever since the decree of February 5, 1791, who shall not have taken the oath prescribed by article 39 of the decree of July 24, 1790, or who have retracted it, although they may have taken it again since their retraction ; All secular or regular ecclesiastics . and convert and lay brothers, who have not complied with the decrees of August 14, 1792, and April 21, last, or who have retracted their oath; And finally all those who have been denounced because of incivism, when the denunciation shall have been pronounced valid, in conformity with the decree of the said 21st day of April. 12. The ecclesiastics who have taken the oath prescribed by the decrees of July 24 and November 27, 1790, as well as that of liberty and equality, within the fixed time, and who shall be denounced because of incivism, shall be embarked without delay and transferred to the east coast of Africa from the twenty-third to the twenty-eighth degree south. 17- Priests deported voluntarily and with passports . arc reputed Emigres. 18. Every citizen is required to denounce the ecclesiastic whom he shall know to be within the case of deportation, to arrest him or cause him to be arrested and conducted before the nearest police officer; he shall receive a hundred livres reward. 19. Every citizen who shall conceal a priest subject to de- portation shall be condemned to the same penalty. D. Decree upon Religious Freedom. December 8, 1793 (18 Frimaire, Year 11). Duvergier, Lois, VI, 333. 1. All violence and measures in constraint of the liberty of worship are forbidden. 2. The surveillance of the constituted authorities and the action of the public force shall confine themselves in this CONVENTION AND RELIGION 137 matter, each for what concerns it, to measures of police and public security. 3. The National Convention, by preceding provisions, does not mean to derogate in any manner from the laws or pre- cautions of public safety against the refractory or turbulent priests, or against all those who may attempt to take advantage of the pretext of religion to compromise the cause of iiherty; no more does it intend to disapprove of what has been done up to this day in virtue of tlie orders of the representatives of the people, nor to furnish to anyone whomsoever pretext for disturbing patriotism or for diminishing the free scope of the public spirit. The Convention invites all good citizens, in the name of the fatherland, to abstain from all disputes that are tneological or foreign to the great interests of the French people, in order to co-operate by all methods in the triumph of the Republic and the ruin of all its enemies. E. Decree for Establishing the Worship of the Supreme Being. May 7, 1794 (18 Floreal, Year II). Aulard, Revolu- tion Francois e, 489-490. 1. The French people recognize the existence of the Su- preme Being and the immortality of the soul. 2. They recognize that the worship worthy of the Supreme Being is the practice of the duties of man. 3. They place in the first rank of these duties, to detest bad faith and tyranny, to punish tyrants and traitors, to relieve the unfortunate, to respect the weak, to defend the oppressed, to do to others all the good that is possible and not to be un- just to anyone. 4. Festivals shall be instituted to remind man of the thought of the Divinity and of the dignity of his being. 5. They shall take their names from the glorious events of our Revolution, from the virtues most cherished and most use- ful to man, and from the great gifts of nature. 6. The French Republic shall celebrate every year the fes- tival of July 14, 1789, August 10, 1792, January 21, 1793, and May 31, 1793. 7. It shall celebrate on the days of decadi the list of festi- vals that follows ; to the Supreme Being and to Nature ; to the 138 CONVENTION AND RELIGION Human Race; to the French People; to the Benefactors of Humanity ; to the Martyrs of Liberty ; to Liberty and Equahty ; to the Republic ; to the Liberty of the World ; to the Love of the Fatherland ; to the Hatred of Tyrants and of Traitors ; to Truth ; to Justice ; to Modesty ; to Glory and Immortality ; to Friendship ; to Frugality ; to Courage ; to Good Faith ; to He- roism; to Disinterestedness; to Stoicism; to Love; to Con- jugal Love; to Paternal Love; to Maternal Tenderness; to Filial Aifection ; to Childhood ; to Youth ; to Manhood ; to Old Age; to Misfortune; to Agriculture; to Industry; to our Fore- fathers; to Posterity; to Happiness. 8. The committees of public safety and of public instruc tion are charged to present a plan of organization for these festivals. 9. The National Convention summons all the talents wor- thy to serve the cause of humanity to the honor of contributing to their establishment by hymns and patriotic songs, and by all the means which can enhance their beauty and utility. 10. The Committee of Public Safety shall confer distinction upon those works which seem the best adapted to carry out these purposes and shall reward their authors. 11. Liberty of worship is maintained, in conformity with the decree of 18 Frimaire. 12. Every gathering that is aristocratic and contrary to public order shall be suppressed. 13. In case of disturbances of which any worship what- soever may be the occasion or motive, those who may excite them by fanatical preaching or by counter-revolutionary in^ sinuations, those who may provoke them by unjust and gratu- itous violence, shall likewise be punished with all the severity of the law. 14. A special report upon the provisions of detail relative to the present decree shall be made. 15. A festival in honor of the Supreme Being shall be celebrated upon 20 Prairial next. David is charged to present the plan thereof to the National Convention. F. Decree upon Expenditures for Religion. September 18, 1794 (2 Sans-Culottide, Year II). Duvergier, Lois, VII, 281. CONVENTION AND RELIGION 139 I. The French Republic no longer pays the expenses or salaries of any sect. G. Decree upon Religion. February 21, 1795 (3 Ventose, Year III). Duvergier, Lois, VIII, 25-26. ' 1. In conformity with article 7 of the Declaration of the Rights of Man and with article 122 of the Constitution, the exercise of any worship cannot be disturbed. 2. The Republic does not pay salaries for any of them. 3. It does not furnish any edifice, either for the exercise of worship or the lodging of the ministers. 4. The ceremonies of every sect are forbidden outside of the premises chosen for their exercise. 5. The law does not recognize any minister of religion: nobody can appear in public with garments, ornaments or cos- tumes set apart for religious ceremonies. 6. Every gathering of citizens for the exercise of any worship is subject to the surveillance of the constituted au- thorities. That surveillance confines itself to measures of police and public security. 7. No symbol peculiar to a sect can be put in or upon the outside of a public place, in any manner whatsoever. No inscription can designate the place which is set aside for it. No proclamation or public summons can be made in order to call the citizens there. 8. The communes and communal sections in collective name shall not acquire nor loan buildings for the exercises of sects. 9. No perpetual or life time endowment can be formed or any tax established in order to provide for the expenses of them. H. Decree for Restoring Church Buildings. May 30, 1795 (II Prairial, Year III). Duvergier, Lois, VIII, 127. I. The citizens of the communes and communal sections of the Republic shall have the free use provisionally of the non-alienated edifices originally set apart for the exercises of one or more worships and of which they were in possession j-0 CONVENTION AND RELIGION on the first day of the Year II of the Republic. They can make use of them under the surveillance of the constituted authorities, both for the assemblies ordered by the law and for the exercise of their worship. 5. Nobody shall perform the duties of the ministry of any sect in the said edifices, unless he has made acknowledgment, before the municipality of the place in which he shall wish to exercise it, of submission to the laws of the Republic. Min- isters of worship who shall have contravened the present article, and citizens who shall have summoned or admitted them, shall each be punished with a thousand Uvres fine by way of correctional police. I. Organic Act upon Religion- September 29, 1795 (7 Vendemiaire, Year IV). Duvergier, Lois, VIII, 293-297. The National Convention, after having heard the report of its committee of legislation ; Considering that by the terms of the Constitution, nobody can be prevented from exercising, in conformity with the laws, the worship which he has chosen ; that nobody can be forced to contribute to the expenses of any sect, and that the Republic does not pay salaries for any of them ; Considering that, these fundamental bases of the free ex- ercise of worship being thus laid down, it is important, on the one hand, to reduce into laws the necessary consequences which are derived therefrom, and, for that purpose, to unite them intO' a single body and to modify or complete those which have been rendered ; and, on the other hand, to add to them the penal provisions which may assure the execution of them; Considering that the laws to which it is necessary to con- form in the exercise of worship do not legislate upon what belongis to the domain of thought only, or upon the relations of man with, the objects of his worship, and that they have and can have for their purpose only a surveillance restricted to measures of police and public security ; That thus they ought to guarantee the free exercise of wor- ship by the punishment of those who disturb the ceremonies or outrage the ministers in their functions ; CONVENTION AND EBLIGION 141 To demand of the ministers of every sect a purely civic guarantee against the abuse which they may make of their ministry in order to excite disobedience to the laws of the State ; To anticipate, prevent, or punish everything which may tend to render a sect exclusive or dominant and persecuting, such as acts of the communes in the collective name, endow- ments, forced contributions, acts of violence relative to the expenses of sects, the exposure of special symbols in certain places, the exercise of ceremonies and the use of costumes outside of the premises designated for the said exercises, and the undertakings of the ministers .relative to the civil condi- tion of the citizens ; To repress offences which may be committed by occasion or abuse of the exercise of worship; And, finally, to regulate the competency and procedure [of the courts] in these classes od' cases ; Decrees as follows : TITLE I. SURVEILLANCE OF THE EXERCISE OP WORSHIP. Preliminary and General Provision. 1. Every gathering of citizens for the exercise of any wor- ship whatsoever is subject to the surveillance of the con- stituted authorities. This surveillance is confined to measures of police and pub- lic security. TITLE IL -GUARANTEE OF THE FREE EXERCISE OF EVERY WORSHIP. 2. Those who shall insult the objects of any worship what- soever in the places designated for its exercise, or its minis- ters on duty, or shall interrupt by a public disturbance the religious ceremonies of any other worship whatsoever, shall be condemned to a fine, which shall not exceed five hundred livres, nor be less than fifty livres per person, and an impris- onment which shall not exceed two years nor be less than one month ; without prejudice to the penalties provided by the Penal Code, if the nature of the act can give occasion thereto. 142 CONVENTION AND EBLI<3H0N TITLE III. OF THE CIVIC GUARANTEE REQUIRED OF THE MIN- ISTERS OF EVERY SECT. 5. Nobody can discharge the duties of the ministry of any sect, in any place whatever, unless he has previously made before the municipal administration or the municipal deputy of the place in wrhich he shall wish to exercise it, a declaration, the model of which is in the following article. The declara- tions already made shall not dispense with that ordered by the present article. 6. The formula of the declaration required above is this : "The . . before us . . hais appeared N. (the name and prenomens only), resident of . . . who has made the declaration whose tenor is as follows : " 7 recognise that the totality of the French citizens is the sovereign, and I promise submission and obedience to the laws of the Republic' "We have given to him an acknowledgment of this declar- ation and he has signed with us." The declaration which shall contain anything more or less shall be null and void : . . . TITLE IV. OF THE GUARANTEE AGAINST ANY SECT WHICH MAY ATTEMPT TO BECOME EXCLUSIVE OR DOMINANT. Section I. Concerning the expenses of the sects. g. Communes or communal sections shall neither acquire nor loan in the collective name premises for the exercise of worship. 10. No perpetual nor life-time endowment can be formed nor any tax established in order to provide for the expenses of any sect or the lodgment of its ministers. Section II. Of the places in which it is forbidden to place the special symbols of a sect. 13. No special symbol of a sect can be raised, affixed or attached in any place whatsoever in such a manner as to be exposed to the eyes of the citizens, except within the premises designated for the exercises of that same sect, or within the interior of private houses, within the studios or magazines CONVENTION AND RELIGION 143 of ai'tists and merchants, or the public edifices set apart to re- ceive works of art. Section III. Of the places in which the ceremonies of the sects are forbidden. 16. The ceremonies of all sects are forbidden outside of the precincts of the edifice chosen for their exercise. This prohibition does not apply to the ceremonies which take place within the precincts of private houses, provided, that, besides the persons who have that domicile, there shall not be on the occasion of the said ceremonies a gathering in excess of ten persons. 17. The premises chosen for the exercise of a worship shall be indicated and declared to the municipal deputy, in the- communes above five thousand soids, and in others to the municipal administrations of the canton or district. 19. Nobody . . can appear in public with the gar- ments, ornaments or costumes set apart for religious ceremo- nies or for a minister of a sect. TITLE V. OF CERTAIN OFFENCES WHICH CAN BE COMMITTED ON THE OCCASION OR BY THE ABUSE OF THE EXERCISE OF WORSHIP. 22. Every minister of a sect who, outside of the premises of the edifice set apart for the ceremonies or exercises of a worship, shall read or cause to be read in an assembly of per- sons, or who .shall post or cause to be posted, shall distribute or cause to be distributed, a writing emanating from or an- nounced as emanating from a minister of worship who shall not be resident within the French Republic, or even from a minister of worship residing in France who declares himself the delegate of another who does not reside here, shall be condemned to six months in prison, independently of the tenor of the said writing, and in case of repetition, to two years. 23. Any minister of worship who shall commit any one of the following offences shall be condemned to prison forever, whether it be by his discourses, exhortations, sermons, invo- 1^4 DOCUMEIvTS UPON THE EMIGRES cations or prayers, in any language whatsoever, either Ly read- ing, publishing, posting, distributing, or causing to be read, published, posted and distributed, within the premises of the edifice set part for the ceremonies, or outside, a wnting of which he shall be or any other shall be the author ; To wit : if, by the said writing or discourse, he has urged the re-establishment, of monarchy in France, or the overthrow of the Republic, or the dissolution of the national representa- tion ; Or if he has incited murder, or excited the defenders of the fatherland to desert their flags, or their fathers and moth- ers to recall them ; Or if he has reproached those who may wish to take arms for the maintenance of the Republican Constitution and the de- fence of liberty; Or if he has summoned persons to cut down the trees con- secrated to liberty, or has torn down or treated disrespectfully its symbols and colors ; Or, finally, if he has exhorted or encouraged any persons to treason or rebellion against the Government. 24. If, by writings, placards or discourses, a minister of worship seeks to mislead the citizens, in presenting to them as unjust or criminal the sales or acquisitions of national lands possessed formerly by the clergy or the fimigres, he shall be condemned to a thousand livres fine and two years in prison; In addition, he shall be forbidden to continue his functions as a minister of worship. If he infringes this prohibition, he shall be punished by ten years of imprisonment. 30. Documents upon the Emigres. The Emigrfis were an important factor in the Revolution. Their absence from France deprived Louis XVI of support which he needed ; their intrigues abroad and their threats of vengeance did much to arouse the fears of all Frenchmen who sympathized with the Revolution. Document A, although much less virulent in tone than others, is a typical Emigre manifesto. Document B may be called an organic act, codifying earlier legislation against the Emigres. Refbbences. Stephens, French Revolution, II, 496-513 ; Au- lard. Revolution Francalse, 361-362. DOCUMENTS UPON THE EMIGRES 145 A. Declaration of the Regent of France. January 28, 1793. Moniteur, February 26, 1793 (Reimpression, XV, 545). Louis-Stanislas-Xavier of France, son of France, uncle of the King, Regent of the kingdom, to all those to whom these presents shall come, greeting. Filled with horror upon learning that the most criminal of men have just reached the cUmax of their numerous out- rages by the greatest of crimes, we have first implored Heaven to obtain its assistance in surmounting the feelings of a pro- found grief and the impulses of our indignation, to the end that we may give ourselves up to the fulfilling of the duties vi^hich, under such grave circumstances, are the first in order of those which the immutable laws of the French Monarchy impose upon us. Our very dear and honored brother and sovereign lord. King Louis, the sixteenth of that name, having died on the 2ist of the present month of January, beneath the pairicidal sword which the ferocious usurpers of the sovereign author- ity in France have raised against his august person. We declare that the Dauphin Louis-Charles, born on the 27th day of March, 1785, is King of France and Navarre, un- der the name of Louis XVII, and that by right of birth, as well as by the provisions of the fundamental laws of the kingr dom, we are and shall be Regent of France during the minor- ity of the King, our nephew and lord. Invested, in that capacity, with the exercise of the rights and powers of the sovereignty and of the higher ministry of royal justice, we undertake them, as we are required to do in the discharge of our obligations and duties, for the pur- pose of employing ourselves, with the aid of God and the assistance of good and loyal Frenchmen of all the orders of the kingdom and of the powers recognized as sovereign allies of the crown of France, 1st. For the liberation of King Louis XVII, our nephew ; 2d, of the Queen, his august mother and guardian ; of the Princess Elizabeth, his aunt, our very dear sister, all kept in the most distressing captivity by the leaders of the factious ; and at the same time for the re-establishment of the monarchy upon the unalterable bases of its constitution, the reformation of the abuses introduced in the system of public administra- 146 DOCUMENTS UPON THE EMIGRES tion, the r^-establis'hment of the religion of our fathers in the purity of its worship and of the canonical discipline, the re- storation of the magistracy for the maintenance of public order and the dispensing of justice, the restoration of French- men of all orders in the exercise of legitimate rights and in the enjoyment of their invaded and usurped properties, the severe and exemplary punishment of crimes, the re-establishment of the authority of the laws, and of peace, and, finally, the ful- filling of the solemn engagements which we were pleased to take in conjunction with our very dear brother, Charles-Phil- ippe of France, Count of Artois, with whom are united our very dear nephews, grandsons of France,. Louis-Antoine, Duke of Angouleme, and Charles-Ferdinand, Duke of Berry, and our cousins of the royal blood, Louis-Joseph of Bourbon, Prince of Conde, Louis-Henry-Joseph of Bourbon, Duke of Bourbon, and Louis-Antoine-Henri of Bourbon, Duke of Enghein, by our resolutions addressed to the late king, our brother, September 11, 1791, and other acts emanating from us, declarations of our principles, feeHngs and wishes, in which acts we persist and shall constantly persist, Foir these purposes, we command and order all Frenchmen and subjects of the King to obey the commands which they shall receive from us in the name of the King and the com- mands of our very dear brother Charles-Philippe of France, Count of Artois, w'hom we have appointed and designated Lieutenant General of the kingdom, when our said brother and Lieutenant General shall give orders in the name of the King and the Regent of France. Our present declaration shall be notified to whomsoever it shall concern and shall be published by all the officers of the King, military or magisterial, to whom we shall give commission and charge thereto, in order that the said declaration may have all the publicity which it shall be possible to give it in France at present, and until it may be addressed in the usual form to the courts of the kingdom, as soon as they shall have resumed the exercise of their juris- dictions in order to be there notified, published, registered and executed. Given at Hamm, in Westphalia, under our signature and ordinary seal, of which we are making use for transactions of sovereignty until the seals of the kingdom, destroyed by the DOCUMENTS UPON THE EMIGRES 147 factious, may have been re-established, and under the counter s-ignature of the ministers of State, the marshals Broglie and Castries. This 28th of January, 1793, and of the reign of the King, the first. B. Decree against the Emigres. March 28, 1793. Du- vergier, Lois, V, 218-228. 1. The Emigres are forever banished from French ter- ritory; they are civilly dead; their estates are acquired by the Republic. 2. Infraction of the banishment pronounced by article 1 shall be punished by death. 6. Emigres are : 1st. Every Frenchman of either sex who, after having left the territory of the Republic since July i, 1789, has not made proof of his return to France within the periods fixed by the decree of March 30 — ^April 8, 1792. The said decree shall continue to be executed in that which has to do with the pecun- iary penalties pronounced against those who shall have re- turned within the period which it has prescribed; 2d. Every Frenchman of either sex, absent from the place of his domicile, who shall not prove, in the form which is about to be prescribed, an uninterrupted residence in France since May 9, 1792; 3d. Every Frenchman of either sex who, although actually present, has been absent from the place of his domicile and shall not make proof of an uninterrupted residence in France since May 9, 1792; 4th. Those who shall leave the territory of the Republic without fulfilling the formalities prescribed by the decree ; Sth. Every agent of the Government who, having been charged with a mission to foreign powers, may not return to France within three months from the day of notification of his recall ; 6th. Every Frenchman of either sex who, during invasion made by foreign armies, has left non,-invaded French territory in order to reside upon territory occupied by the enemy; 7th. Those who, although born in foreign countries, have 148 DECLAEATION OF WAR AGAINST ENGLAND exercised the rights of citizens in France, or who, having a double domicile, to wit, one in France and the other in for- eign countries, shall not make proof of an uninterrupted resi- dence in France since May 9, 1792. 31. Declaration of War against Great Britain. B'ebruary 1, 1793. Duvergier, Lois, V, 134-135. The great war besun by this declax-ation lasted until 1814, save for one intei*\al of about fifteen moullis in 1SU2-3, being pro- tracted for reasons very different from tliose whicli had originally caused it. P'rom the document a tolerably complete list of the circumstances, which the Convention regarded as justifying the war can be made out. Ebfehi'nces. Lecky, England in the Eighteenth Century, V, 4.5-135; Browning, Plight to Tarennes and Other Essays, 170-201; Lavisse and Eambaud, Histoire Cfencrale, VIII, 248-249 ; Sorel, L'Europe et la Revolution Francaise, III, 212-230, 240-245, 270- 280. The National Convention, after having heard the report of its committee of general defence upon the conduct of the Eng- lish government towards France; Considering that the King of England has not ceased, es- pecially since the revolution of August 10, 1792, to give to the French nation proofs of his malevolence and of his at- tachment to the coalition of the crowned heads ; That at that time he ordered his ambassador to withdraw from Paris, because he did not wish to recognize the pro- visional executive council created by the Legislative Assembly; That the cabinet of Saint James discontinued at the same time its correspondence with the ambassador of France at Lon- don, under pretext of the suspension of the former king of the French ; That, since the opening of the National Convention, it has- not been willing to resume its accustomed correspondence nor to recognize the powers of this Convention ; That it has refused to recognize the ambassador of the French Republic, although furnished with letters of credence in its name ; DECLARATION OF WAE AGAINST ENGLAND 14; That it has sought to thwart the various purchases of grain, arms, and other merchandise ordered in England, wheth- er by French citizens or by the agents of the French RepubUc ; That it has caused the arrest of several barges and vessels loaded with grain for France, while, contrary to the tenor of the treaty of 1786, the exportation of it to other foreign coun- tries has continued; That, in order to hamper still more effectively the com- mercial operations of the Republic in England, it has caused the circulation of the assignats to be prohibited by an act of parliament ; That, in violation of article 4 of the treaty of 1786, it has caused to be enacted by the same parliament, in the course of the month of January last, an act which subjects all French citizens going to or residing in England to forms that are most inquisitorial, most vexatious, and most dangerous to their se- curity ; That, within the same time and against the tenor of article I of the treaty of peace of 1783, it has granted open protection and financial relief to the Emigres and even to the rebel lead- ers who 'have already fought against France ; that it maintains with them a daily correspondence evidently directed against the French Revolution; That it likewise welcomes the leaders of the rebels of the French western colonies ; That, in the same spirit, v^ithout any provocation being given it, and when all the maritime powers are at peace with England, the cabinet of Saint James has ordered a considerable armament by sea and an augmentation of its land forces ; That this augmentation was ordered at the moment when the English ministry was persecuting with blind fury those who were supporting in England the principles of the French Revolution, and was employing all possible means, whether in parliament or outside, to cover the French Republic with ig- nominy and to draw upon it the execration of the English na- tion and of all Europe; That the purpose of this armament, intended against France, has not even been disguised in the parliament of England ; That, although the provisional executive council has em- ployed all means to preserve peace and fraternity with the I50 DECLARATION OP WAR AGAINST ENGLAND English nation and has not responded to the calumnies and the violations of the treaties, except by complaints founded upon the principles of justice and expressed with the dignity of free men, the English ministry has persevered in its sys- tem of malevolence and hostility, continued the armaments, and sent a fleet towards the Scheldt to interfere with the oper- ations of France in Belgium ; That at the news of the execution of Louis it carried out- rage against the French Republic to the point of giving an or- der to the ambassador of France to leave the soil of Great Britain within eight days ; That the king of England has manifested his attachment to the cause of that traitor and his intention to sustain it by various resolutions taken at the moment of his death, as well in appointing generals for his army, as in asking the parliament of England for a considerable addition of land and naval forc- es and in ordering the equipment of gunboats ; That his secret coalition with the enemies of France, and especially with the Emperor and with Prussia, has just been confirmed by a treaty effected with the first in the month of January last; That he has drawn into the same coalition the Stadtholder of the United Provinces ; that this prince, whose servile devo- tion to the orders of the cabinet of Saint James and of Berlin is only too notorious, has in the course of the French Revolu- tion and despite the neutrality which he was protesting, treat- ed with contempt the agents of France, welcomed the Emi- gres, harassed the French patriots, interfered with their op- erations, released, despite the accepted usage and despite the request of the French minister, the counterfeiters of false as- signats; That, most recently, in order to co-operate with the hostile designs of the Court of London, he has ordered a naval arma- ment, appointed an admiral, ordered the Dutch vessels to join the English fleet, opened a loan to supply the expenses of war, prevented exportations to France while he was favoring the supplying of the Prussian and Austrian magazines with pro- visions ; Considering, finally, that all these circumstances no longer allow the French Republic to hope to obtain, by means of amicable negotiations, the redress of its grievances, and that THE EBVOLTJTIONART TRIBUNAL 151 all the acts of the British court and of the Stadtholder are acts of hostility and equivalent to a declaration of war; The National Convention decrees as follows : 1. The National Convention declares, in the name of the French nation, that in view of all these acts of hostility and aggression, the French Republic is at war with the King of England and the Stadtholder of the United Provinces. 2. The National Convention charges the provisional execu- tive council to deploy the forces which shall appear to it nec- essary to repulse their aggression and to support the indepen- dence, the dignity and the interests of the Republic. 3. The National Convention authorises the provisional executive council to dispose of the naval forces of the Repub- lic, as the safety of the State shall appear to it to require; it revokes all the particular provisions ordered in this matter by preceding decrees. 32. Documents upon the Revolutionary Tribunal of Paris. These documents are intended to show the evolution and gen- eral character of the Revolutionary Tribunal, one of the chief in- stitutions of the Terror. Between the dates of the two documents the tribunal was divided into lour sections, In order that its busi- ness might be dispatched more rapidly, and its name was changed to Revolutionary tribunal. Something of the methods by which it was supplied with cases can be ascertained from No. 41. References. Mathews, French Revolution, 231-232, 262 ; Stephens, French Revolution, II, 330-343, 544-548 ; Aulard, Revo- lution Fruncaise, 362-366. A. Decree for Creating an Extraordinary Criminal Tribunal. March 10, 1793. Duvergier, Lois, V, 190-191. TITLE I. OF THE COMPOSITION AND ORGANIZATION OF AN EX- TRAOKDINAEY CRIMINAL TRIBUNAL. I. There shall be established at Paris an extraordinary criminal tribunal, which shall have jurisdiction over every counter-revolutionary enterprise, over all attacks against lib- erty, equality, unity, and the indivisibility of the Republic, the internal and external security of the State, and over .all con- spiracies tending to re-establish monarchy or to establish any other authority which makes rjn attack upon the liberty, equal- 152 THE HEVOLUTIONAEY TRIBDNAL ity, and sovereignty of the people, whether the accused be civil or military functionaries or simply citizens. 2. The tribunal shall be composed of a jury, and of five judges, who shall direct the examination and shall apply the law after the declaration of the jurors upon the facts. 3. The judges shall not render any decision unle^.s they are at least three in number. 5. The judges shall be appointed by the National Conven- tion by plurality of the votes, which, nevertheless, shall not be less than a fourth of the votes. 6. There shall be before the tribunal a public accuser and two assistants or alternates, who shall be appointed by the National Convention, as are the judges and according to the same method. 7. There shall be appointed by the . National Convention in the sitting of tomorrow twelve citizens, of the depru-tment of Paris and of the four departments which environ it, who shall discharge the duties of jurors, and four alternates of the same department, who shall replace the jurors in case of absence, challenge or illness. The jurons shall discharge their duties until May ist next; and there shall be provision made by the National Convention for their replacement and for the formation of a jury taken from among the fitizens of all the departments. 8. The functions of the police of the general security, as- signed to the municipalities and the administrative bodies by the decree of August nth last, shall be extended to all the crimes and offences mentioned in article i of the present decree. 9. All the records of denunciations, informations, and ar- rests shall be addressed, in copy, by the administrative bodies, to the National Convention, which shall send them to ;'. com- mission of its members charged to make examination of them and to make a report thereof. 10. There shall be formed a commission of six members of the National Convention, who shall be charged with the exam- ination of all the papers, to make a report thereof, and to draw up and present the documents of accusation, to look afler the examination which shall be made in the extraordinary tribu- THE REVOLUTIONARY TRIBUNAL 153 nal, to maintain a constant correspondence with the public accuser and the judges upon all the public matters which shall be sent to the tribunal, and to render an account there- of to the National Convention. 11. The accused who shall wish to challenge one or more jurors shall be required to state the causes of challenge by one and the same document, and the tribunal shall pronounce upon the validity thereof within twenty-four hours. 12. The jurors shall vote and frame their declaration pub- licly, with loud voice and by majority of the votes. 13. The judgments shall be carried out without recourse to the tribunal of cassation. 14. The accused fugitives who shall not present themselves within three months from the trial shall be treated as Em- igres, and shall De subject to the same penalties, whether in relation to their persons or to their estates. TITLE II. OF THE PENALTIES- 1. The judges of the extraordinary tribunal shall pro- nounce the penalties provided by the "Penal Code and the sub- sequent laws against the accused who are convicted ; and when the offences which shall continue without interruption shall be in the class of those which ought to be punished by penalties of the correctional police, the tribunal shall pronounce these penalties, without sending the accused to the police tribunals. 2. The estates of those who shall be condemned to the penalty of death shall be acquired by the Republic and there shall be provision made for the support of the widows and chil- dren, if they have no estates besides. 3. Those who may be convicted of crimes or offences which have not been provided for by the Penal Code and the subsequent laws, or whose punishment has not been deter- mined by the laws, and whose incivism and residence upon the territory of the Republic have been a matter of public trouble and disturbance, shall be condemned to the penalty of depor- tation. 154 '^^^ REVOLUTIONARY TRIBUNAL B. Law of 22 Prairial. June lo, 1794 (22 Prairial, Year 11). Duvergier, Lois, VII, 190-192. 1. The revolutionary tribunal shall have a president and four vice-presidents, one public accuser, four substitutes for the public accuser and twelve judges. 2. The jurors shall be fifty in number. 3. The different functions shall be. discharged by the cit- izens whose names follow : . [The omission relates exclusively to the pcfsonnel of the court.] The revolutionary tribunal shall divide itself into sections composed of twelve members, to wit: three judges and nine jurors, which jurors cannot give judgment at a numijer less than that of seven. . 4. The revolutionary tribunal is instituted in order to pun- ish the enemies of. the people. 5. The enemies of the people are those who seek to de- stroy the public liberty, either by force or by artifice. 6. Those are reputed enemies of the people who shall have . promoted the re-establishment of royalty or sought to depre- ciate or dissolve the National Convention and the revolution- ary and republican government of which it is the centre : Those who shall have betrayed the Republic in th- com- mand of places and armies, or in any other military function ; carried on correspondence with the enemies of the Republic; labored to make the supplies rr the service of the armies fail; Those who shall have sought to impede the supplies for Paris or to cause scarcity within the Republic ; Those who shall have seconded the projects of the ene- mies of France, either in aiding the withdrawal and the im- punity of conspirators and the aristocracy, or in persecuting and calumniating patriotism, or in corrupting the servants of the people, or in abusing the principles of the revolution, the laws or the measures of the Government, by false and per- fijiiouis applications ; ^ Those who shall have deceived the people or the represen- tatives of the people, in order to lead them into operations contrary to the interests of liberty ; Those who shall have sought to promote discouragement. THE REVOLUTIONARY TRIBUNAL 155 in order to favor the enterprises of the tyrants leagued against the Republic; Those who shall have spread false news in order to divide or disturb the people ; Those who shall have sought to mislead opinion and to prevent the instruction of the people, to deprave morals and to corrupt the public conscience, to impair the energy and the purity of the revolutionary and republican principles, either by stopping the progress of them, or by counter-revolutionary or insidious writings, or by any other machination ; The contractors whose bad faith compromises the s'-ifety of the Republic, and the wasters of the public fortune, other than those included in the provisions of the law of 7 Frimaire; Those who, being charged with public functions, abuse them in order to serve the enemies of the revolution, to dis- tress the patriots or to oppress the people ; Finally, all those who are designated in the preceding laws relative to the punishment of the conspirators and counter- revolutionaries, and who, whatever the means or the appear- ances with which they cover themselves, shall have made an at- tack upon the liberty, unity, and security of the Republic, or labored to prevent the strengthening of them. 7. The penalty provided for all offences, the jurisdiction of which belongs to the revolutionary tribunal, is death. 8. The proof necessary to convict the enemies of the peo- ple is every kind of evidence, either material or moral or verbal or written, which can naturally secure the approval of every just and reasonable spirit; the rule of judgment is the conscience of the jurors enlightened by love of the fatherland ; their aim, the triumph of the Republic and the ruin of its ene- mies; the procedure, the simple means which good sense dic- tates in order to come to the knowledge of the truth, in the forms which the law determines. It is confined to the following points : 9. Every citizen has the right to seize and to arraign be- fore the magistrates conspirators and counter-revolutionaries. He is required to denounce them when he knows of them. ■. 10. Nobody can arraign a person before the revolutionary tribunal, except the National Convention, the committee of public safety, the committee of general security, the represen- 156 THE REVOLUTIONARY TRIBUNAL tatives of the people who are commissioners of the Convention, and the pubhc accuser of the revolutionary tribunal. 11. The constituted authorities in general cannot exercise this right without having notified the committee of public safety and the committee of general security and obtained their authorisation. 12. The accused shall be examined in public session: the formality of the secret examination which precedes is sup- pressed as superfluous; it shall occur only under special cir- cumstances in which it shall be judged useful for a knowledge of the truth. 13. If proofs exist, either material or moral, indepen- dently of the testified proof, there shall be no further hearing of testimony, unless that formality appears necessary, either to discover the accomplices or for other important considera- tions of public interest. 14. In a case in which there shall be occasion for this proof, the public accuser shall cause to be summoned the wit- nesses who can show the way to justice, without distinction of witnesses for or against. 15. All the proceedings shall be conducted in puMic and no written deposition shall be received, unless the witnesses are so situated that they cannot be brought before the tribunal, and in that case an express authorisation of the committees of public safety and general security shall be necessary. 16. The law gives sworn patriots to calumniated patriots for counsel ; it does not grant them to conspirators. 17. The pleadings finished, the jurors shall formulate their verdicts and the judges shall pronounce the penalty in the manner determined by the laws. The president shall propound the question with lucidity, rrecision, and simplicity. If it was presented in an equivocal or inexact manner, the jury may ask that it be propounded in another manner. 18. The public accuser may not on his own authority dis- charge a prisoner bound over to the tribunal or one whom he shall have caused to be arraigned there; in a case in which there is no matter for an accusation before the tribunal, he shall make a written report of it, with a statement of the rea- sons, to the chamber of the council, which shall pronounce. LAW FOE REVOLUTIONARY COMMITTEES 157 But no prisoner may be discharged from trial before the de- cision of the chamber has been communicated to the committees of public safety and general security, who shall examine it. 19. A double register shall be kept of the persons ar- raigned before the revolutionary tribunal, one for the public accuser and the other for the tribunal, upon which shall be enrolled all the prisoners, according as they shall be arraigned. 20. The Convention modifies all those provisions of the preceding laws which may not be in agreement with the pres- ent law and does not intend that the laws concerning the or- ganization of the ordinary tribunals should apply to the crimes of counter-revolution and to the action of the revolutionary tribunal. 21. The report of the committee shall be joined to the present decree as instruction. 33. Decree for Establishing the Revolutionary Committees. March 21, 1793. Duvergier, Lois, V, 206-207. The revolutionary committees created by this decree were among the most characteristic and potent agencies in the service of the revolutionary government. The powers granted in this de- cree were subsequently much increased in various ways, chiefly by additional decrees and by authorisation oJ: the committee of public safety. For these powers at their greatest extent see No. 45. Reference. Aulard, Revolution Francaise, 350-355. 1. There shall be formed in each commune of the Republic and in each section of the communes divided into sections, at the hour which shall be indicated in advance by the general council, a committee composed of twelve citizens. 2. The members of this committee, who cannot be chosen from the ecclesiastics, former nobles, former seigneurs of the locality, and agents of the former seigneurs, shall be chosen by ballot and by plurality of the votes. 4. The committee of the commune, or each of the commit- tees of the sections of the commune, shall be charged to re- 158 DECREE UPON THE PRESS ceive for its district the declarations of all the strangers ac- tually residing within the commune or who may arrive there. 5. These declarations shall contain the names, age, profes- sion, place of birth and means of existence of the declarer. 6. They shall be made within eight days after the publi- cation of the present decree; the list thereof shall be printed and posted. 7. Every foreigner who shall have refused or neglected to make his declaration before the committee of the commune or of the section in which he shall reside, within the period above prescribed, shall be required to leave the commune within twenty-four hours and the territory of the Republic within eight days. 34. Decree upon the Press. March 29, 1793. Duvergier, Lois.'V, 230. During the earlier stages of the Reyolution. the freedom of the press was accepted both in principle and in practice. Without formally p.bandonlng the principle, the royalist newspapers were suppressed after the establishment of the Republic, and Girondist newspapers after the prosecution of the Girondist deputies. This decree illustrates the method employed against the royalist news- papers and is typical of all decrees affecting the press. Refehence. Aulard, Revolution Franoaise, 359-361. The National Convention decrees : 1. Whoever shall be convicted of having composed or printed works or writingis which incite to the dissolution of the national representation, the re-establishment of monarchy or of any other power which constitutes an attack upon the sov- ereignty of the people, shall be arraigned before the extraor- dinary tribunal and punished with death. 2. The vendors, distributers and hawkers of these works or writings shall be condemned to an imprisonment which shall not exceed three months, if they declare the authors, printers or other persons from whom they have obtained them ; if they refuse this declaration, they shall be punished by two years in prison. COMMITTEE OF PUBLIC SAFETY DECREE 159 35. Decree for Establishing the Committee of Public Safety. April 6, 1793. Duvergier, Lois, V, 240. This document shows the Committee of Public Safety in its original character, that of a ministry responsible to the Conven- tion. (See Aulard, Revolution Francaise, 334-335.) Through changes in its membership and the multiplication of its powers and duties, in part by decrees of the Convention, in part by mere custom, it gradually became a very different institution. For its later character see Nos. 43 and 45. Eefehenoes. Gardiner, French Revolution, 145-146 ; Mathews, French Revolution, 229-231 ; Stephens, French Revolution, II, Ch. IX ; Aulard, Revolution Francaise, 329-342. The National Convention decree.s : 1. There shall be formed, by the call of names, a commit- tee of public safety, composed of nine members of the National Convention. 2. The committee shall deliberate in secret; it shall be charged to supervise and accelerate the action of the adminis- tration entrusted to the provisional executive council, of which it may even suspend the orders, when it shall believe them contrary to the national interest, subject to giving inform- ation thereof to the Convention without delay. 3. It is authorised to take, under urgent circumstances, measures of external and internal defence; and the orders signed by the majority of its deliberating members, which can- not be less than- two-thirds, shall be executed without delay by the provisional executive council. It shall not in any case issue warrants of capture or arrest, except against the exec- utive agents, and subject to rendering an account thereof with- out delay to the Convention. 4. The National Treasury shall hold at the disposal of the committee of public safety [a sum of money] to the amount of a hundred thousand livres for secret expenses, which shall be disbursed by the committee and paid upon its commands, which shall be signed as are the orders. 5. It shall make each week in writing a general report of its operations and of the situation of the Republic. 6. A register of all its deliberations shall be kept. 7. This committee is established only for one month. l5o ROBESPIERRE'S DECLARATION OF RIGHTS 8. The National Treasury shall remain independent of the committee of execution "and subject to the immediate sur- veillance of the Convention, according to the method deter- mined by the decrees. 36. Robespierre's Proposed Declaration of Rights. April 24, 1793. Moniteur, Jlay 5, ItOS. (Beimpression, XVI, 294-296). This document was brought forward in the Convention by Robespierre during the debates over the Constitution of the Year I. Although not actually adopted it possesses great interest as a profession of faith of its author. The economic tendency of the document and its implications in regard to foreign policy should be particularly noticed. References. Von Sybel, French Revolution, III, 64 ; Aulard, Revolution Francaise, 290-292. The representatives of the French people, met in National Convention, recognizing that human laws which do not flow from the eternal laws of justice and reason are only the out- rages of ignorance and despotism upon humanity ; convinced that neglect and contempt of the natural rights of man are the sole causes of the crimes and misfortunes of the world; have resolved to set forth in a solemn declaration these sacred and inalienable rights, in order that all citizens, being enabled to compare constantly the acts of the government with the purpose of every social institution, may never permit themselves to be oppressed and disgraced by tyranny ; and in order that the peo- ple may always have before their eyes the foundations of their liberty and their welfare ; the magistrate, the rule of his duties ; the legislator, the purpose of his mission. In consequence, the National Convention proclaims in the face of the world and under the eyes of the Immortal Legis- ■ lator the following declaration of the rights of man and oitizen. -^ I. The purpose of every political association is the main- tenance of the natural and imprescriptible rights of mm and the development of all his faculties. J2. The principal rights of man are those of providing for the preservation of his existence and his liberty. I, EOBESPIEREE'S DECLARATION OF EIGHTS i6l -13. These rights belong equally to all men, whatever may- be the diflference of their physical and mental powers, xi 4. Equality of rights is established by nature: society, far from impairing it, exists only to guarantee it against the abuse of power which renders it illusory. 5. Liberty is the power which belongs to man to exercise , at his will all his faculties; it has justice for rule, the rights of others for limits, nature for principle, and the law for safe- guard. N16. The right to assemble peaceably, the right to express one's opinions, either by means of the press or in any other manner, are such necessary consequences of the principle of the liberty of man, that the necessity to enunciate them supposes either the presence or the fresh recollection of despotism. N7. The law can forbid only that which is injurious to soci- ety; it can order only that which is useful. A 8. Every law which violates the imprescriptible rights of man is essentially unjust and tyrannical; it is not a law. 9. Property is the right which each citizen has, to enjoy '■ and dispose of the portion of goods which the law guarantees to him. 10. The right of property is restricted, as are all the others, by the obligation to respect the possessions of others. 11. It cannot prejudice the security, nor the liberty, -nor the existence, nor the property of our fellow creature^J 12. All traffic which violates this principle is essentially il- licit and immoral. 13. Society is under ohiigation to provide for the s-npport ,. of all its members either by procuring work for them or by as- suring the means of existence to those who are not in condi- tion to work. 14. The relief indispensable for those who lack the neces-" ities of life is a debt of those who possess a superfluity ; it be- longs to the law to determine the manner in which this debt must be discharged. 15. The citizens whose incomes do not exceed what U. nee- , essary for their subsistence are exempted from contributing to the public expenses ; the others shall support them progress- ively, according to the extent of their fortunes. 16. Society ought to favor with all its power the progress ' 6 l62 EOBBSPIEREE'S DECLARATION OF BIGHTS of public reason and to put instruction at the door of all the citizens. ■\ 17. Law is the free and solemn expression of the will of the people. •^ 18. The people are the sovereign, the government to their creation, the public functionaries are their agents ; the people can, when they please, change their government and recall their mandatories. ig. No portion of the people can exercise the power of the entire people ; but the opinion which it expresses shall be respected as the opinion of a portion of the people who ought to participate in the formation of the general will. Each section of the assembled sovereign ought to enjoy the right to express its will with entire liberty; it is essentially inde- pendent of all the constituted authorities and is capable of regulating its police and its deliberations. 20. The law ought to be equal for all. 21. All citizens are admissible to all public offices, without any other distinctions than those of their virtues and talents and without any other title than the confidence of the people. 22. All citizens have an equal right to participate in the selection of the mandatories of the people and in the forma- tion of the law. 23. In order that these rights may not be illusory and the equality chimerical, society ought to give salaries to the pub- lic functionaries and to provide so that all the citizens who live by their labor can be present in the public assemblies to which the law calls them, without compromising their exist- ence or that of their families. 24. Every citizen ought to obey religiously the magistrates and the agents of the government, when they are the organs or the executors of the law. 25. But every act against the liberty, security, or property of a man, committed by anyone whomsoever, even in the name of the law, outside of the cases determined by it and the forms which it prescribes, is arbitrary and void; respect for the law even forbids submission to it; and if an attempt is made to execute it by violence, it is permissible to repel it by force. 26. The right to present petitions to the depositories of the public authority belongs to every person. Those to whom they ROBESPIERRE'S DECLARATION OF RIGHTS 163 are addressed ought to pass upon the points which are the object thereof; but they can never interdict, nor restrain, nor condemn their use. 27. Resistance to oppression is a consequence of the other rights of man and citizen. 28. There is oppression against the social body when one of its members is oppressed. There is oppression against each member of the social body when the social body shall be op- pressed. 29. When the government violates the rights of the peo- , pie, insurrection is for the people and for each portion of the people the most sacred of rights and the most indispensable of duties. 30. When the social guarantee is lacking to a citizen he re-enters into the natural right to defend all his rights himself. 31. In either case, to tie down to legal forms resistance to oppression is the last refinement of tyranny. In every free State the law ought especially to defend public and personal liberty against the abuse of the authority of those who gov- ern : every institution which is not based upon the assumption that the people are good and the magistrate is corruptible is vicious. 32. The public offices cannot be considered as distinctions, nor as rewards, but only as duties. 33. The ofifences of the mandatories of the people ought to be severely and quickly punished. No one has the right to claim for himself more inviolability than other citizens. The people have the right to know all the transactions of their mandatories : these ought to render to them a faithful account of their own administration and to submit to their judgment with respect. 34. Men of all countries are brothers and the different peoples ought to aid one another, according to their power, as if citizens of the same State. 35. The one who oppresses a single nation declares him- self the enemy of all. 36. Those who make war on a people in order to arrest the progress of liberty and to destroy the rights of man ought to be pursued by all, not as ordinary enemies, but as assassins and rebellious brigands. l64 DEPUTIES ON MISSION DECREE 37. Kings, aristocrats and tyrants, whoever they may be, are slaves in rebellion against the sovereign of the earth, which is mankind, and against the legislator of the universe, which is nature. 37. Decree upon the Deputies on Mission, April 30, 1793. Monlteur, May 3, 1793. (Reimprcssion, XVI. 281-283). Among the iastitutions of the revolutionary goyernment there was none more characteristic than the deputies on mission. (They are also known as the representatives on mission.) The first appearance of the system was at the time of the King's flight ; after the 10th of August it developed rapidly. This decree applied only to the deputies sent on mission to the armies, but their powers were typical of all those sent out. It simply defined what had already grown up in practice. In No. 45 the duties and powers of the deputies on mission are more fully set forth. Eefbebnces. Gardiner, French Revolution, 146-147 ; Stephens, French Revolution, II, 320, 364-371, 548-554 ; Aulard, Revolution Francaise, .?42-348. The National Convention, after having heard the report of its Committee of Public Safety decrees : I. All the powers delegated by the convention to the com- missioners whom it has appointed to repair to the departments for recruiting, to the armies, upon the frontiers, coasts and in the harbors, are revoked. All the deputies who are on mission, except those hereinafter named, shall return directly to the body of the assembly. 9. The commissioners of the Convention to the armies shall bear the titles of representatives of the people sent to such army; they shall wear the costume decreed the current April 3. 10. Tlie representatives of the people sent to the armies and the generals shall co-operate in order to make appointments immediately for all the posts vacant or which shall come to be vacant, whether by death, resignation or dismissal, in con- formity with the method of promotion which has been decreed ; and in cases of urgency and the lack of persons who have the DEPUTIES ON MISSION DECEBB 165 qualifications required by the law, they can appoint provision- ally and for fifteen days only. 11. The representatives of the people sent to the armies shall exercise the most active surveillance over the operations of the agents of the executive council, all contractors and dealers for the armies, and over the conduct of the generals, ofiicers and soldiers; they may suspend all civil agents and appoint [others] provisionally. 12. They can also suspend the military agents, but they can replace them only provisionally until after the approval of the Convention for suspension or until the persons appointed or elected in virtue of the law have arrived at their posts. 13. They shall look after the condition as regards defence and supply of provisions for all places, forts, harbors, coasts, armies and fleets of their district; they shall cause inventories to be prepared for all the magazines of the Republic, and they shall cause an account to be rendered d-aily of the condi- tion of all the descriptions of supplies, arms, provisions and munitions. 14. They shall cause inspection to be made of all the armies and fleets of the republic; they shall cause to be re- ' turned every fifteen days lists of the effectives of each corps, signed by the civil and military agents ; they shall take all measures which they shall deem suitable to accelerate the armament, equipment and incorporation of the volunteers and recruits in the existing organizations, and the armament and equipment of the fleets of the Republic; in these operations they shall co-operate with the admirals, generals and division commanders, and other agents of the executive council. 15. Incase of insufficiency of the forces decreed, they may make requisition upon the National Guards of the depart- ments, whom they shall cause to be organized into battalions after the method which shall be decreed ; they shall also make requisition for the mounted National Guards, in order to com- plete the existing organizations ; and when the organizations shall be complete, they can form new squadrons of them, mak- ing use of pleasure horses and those of the Emigres or those which can be procured. 16. They shall take all measures to discover and to cause to be arrested the generals, and to cause to be arrested and l66 DEPUTIES ON MISSION DECREE arraigned before the revolutionary tribunal every military man, civil agent and other citizens who may have aided, favored or advised a conspiracy against the liberty and security of the Republic, or who may have plotted for the disorganization of the armies and fleets and squandered the public funds. 17. They shall cause to be distributed to the troops the bulletins, addresses, proclamations and instructions of the Con- vention, which shall be addressed to the armies by the com- mittee of correspondence; they shall employ all the means of instruction which are in their power, in order to maintain there the republican spirit. 18. The representatives of the people sent to the armies are invested' with unlimited powers for the exercise of the powers which are delegated to them ; they can make reqiiisition upon the administrative bodies and all civil and military agents; they can act in the number of two and can employ the number of agents which shall be necessary for them. Their orders shall be executed provisionally. 20. The representatives of the people sent to the armies shall render account of their operations, at least each week, to the Convention; they shall be required to address each day to the committee of public safety the record of their opera- tions, copies of their orders t.nd proclamations, and of all in- ventories and lists of supplies, which they shall have caused to be drawn up ; they shall also address each day to the com- mittee of finance and to the national treasury a detailed ac- count of the lists of expenses which they shall have exam- ined and endorsed. 21. The committee of public safety shall present each week to the Convention a summary report of the operations of the various commissioners; the committee of finance shall also make each week a report of the expenses examined iind ap- proved by them; these reports shall be printed and distrib- uted. 22. The representatives of the people sent to the armies shall be renewed by half each month ; they shall return to the Convention only after an authorisation given by it, except in urgent cases, and in virtue of a decree of the commission with a statement of reasons. CONVENTION AND EDUCATION 167 23. The committee of public safety shall furnish instruc- tions to the representatives of the people sent to the armies, in order to secure uniformity in their operations. 26. The representatives of the people sent to the armies, who are appointed by the present decree, shall continu.r, each in his district, the supervision over the recruiting and the or- ganization into departments and districts of the countries re- cently united to the Republic. 27. The committee of public safety shall send the present decree to the commissioners of the Convention at present on mission. Those who are appointed by the present decree shall repair directly to their new posts, and those who are at pres- ent with the armies shall remain there until they may be re- placed. 38. Documents upon the Convention and Education. The Convention was greatly interested in education. Much time was devoted to the formulation of educational plans, even at the most critical stages of national danger. The plans first adopt- ed were frequently changed. Of the plans here given the first two represent the most ambitious schemes of the Convention for primary and secondary schools respectively. Document C is the final scheme for the whole educational system. References. Stephens, Yale Review. IV, 314-32.3 ; Lavisse and Rambaud, Histoire Gcnerale, VIII, 534-556. A. Decree upon Primary Education. May 30, 1793. Du- vergier, Lois, V, 309- 1. There shall be a primary school in all places which have from four hundred to fifteen hundred persons. This school shall serve for all the inhabitants except peo- ple who shall be more than a thousand toises distant. 2. There shall be in each of these schools a teacher charged to instruct the pupils in the branches of knowledge necessary to citizens in order to exercise their rights, to dis- charge their duties and to administer their domestic affairs. 3. The committee of public instruction shall present the proportional method for the more populous communes and the cities. l68 CONVENTION AND EDUCATION 4. The teachers shall be charged to give lectures and in- struction once per w€ek to citizens of every age and of both sexes. S- The project of the present decree presented by the com- mittee of public instruction shall be irrevocably placed as the order of the day for every Thursday. B. Decree upon Secondary Education. February 25, 1795 (29 Ventose, Year III). Duvergier, Lois, VIII, 29^30. Chapter I. Institution of the Central Schools. 1. For instruction in the sciences, letters and arts therr shall be established in the entire extent of the Republic cen tral schools distributed on the basis of population; the pro- portional basis shall be one school for three hundre(f thousand inhabitants. 2. Elach central school shall be composed of, ist, a profes- sor of mathematics ; 2d, a professor of experimental physics and chemistry; .^d, a professor of natural history; 4th, a professor of agriculture and commerce ; sth, a professor of the method of the sciences or logic; 6th, a professor of political economy and legislation; 7th, a professor of the philosophical history of peoples; Sth, a professor of hygiene; 9th, a pro- fessor of arts and crafts ; loth, a professor of general gram- mar; nth, a professor of belles-lettres; 12th, a professor of ancient languages ; 13th, a professor of the living languages most appropriate to the localities ; 14th, a professor of the arts of design. 3. In all the central schools the professors shall give their lessons in French. 4. They shall have every month a public conference upon matters which affect the progress of the sciences, letters and arts most useful to society. $. At each central school there shall be, ist, a public li- brary; 2d, a garden and a cabinet of natural history; 3d, a cabinet of experimental physics ; 4th, a collection of machines and models for the arts and crafts. 6. The- committee of public instruction remains charged to cause to be composed the elementary books which must serve for the instruction in the central schools. CONVENTION AND EDUCATION 169 Chapter III. Pupils of the Fatherland. I. The pupils who at the Festival of Youth shall be most distinguished and shall have obtained more especially the approbation of the people shall receive, if they are of small fortune, an annual pension in order to procure for them the opportunity to attend the central schools. ' 2. Prizes of encouragement shall be distributed every year in the presence of the people at the Festival of Youth. The professor of the pupils who shall have won ths prize shall receive a civic crown. 3. In consequence of the present law, all the establishments devoted to public instruction under the name of colleges and paid stipends by the nation, are and shall remain suppressed within the entire extent of the Republic. 4. The committee of public instruction shall make a report upon the buildings and establishments already devoted to pub- lic instruction in the sciences and arts, such as botanical gar- dens, cabinets of natural history, fields intended for experi- ments in cultivation, observations, and societies of schohrs and artists which it may be well to preserve in the new plan of national instruction. C. Organic Act upon Education. October 25, 1795 (3 Brumaire, Year III). Duvergier, Lois, VIII, 357-361. TITLE III. OF THE SPECIAL SCHOOLS. I. There shall be in the Republic schools especially intend- ed for the study of: 1st, astronomy; 2d, geometry and me- chanics ; 3d, natural history ; 4th, medicine ; 5th, the veter- inary art ; 6th, rural economy ; 7th, antiquities ; 8th, the polit- ical sciences; gth, painting, sculpture and architecture; loth, music. TITLE IV. NATIONAL INSTITUTE OF THE SCIENCES AND ARTS. I. The National Institute of the Sciences and Arts belongs to the whole Republic ; it is located at Paris : it is intended : 1st, to improve the sciences and arts by uninterrupted research- es, by the publication of discoveries, by correspondence with foreign learned societies ; 2d, to pursue, in conformity with the 170 CONSTITUTION OP THE YEAE I laws and orders of the .Executive Directory, literary and sci- entific works which shall have for their purpose the general advantage and the glory of the Republic. 2. It is composed of members residing at Paris and of an equal number scattered in the different parts of the Republic ; it associates with itself foreign scholars, of whom the number is twenty-four, eight for each of the three classes. > 6. Each class of the Institute shall publish every year its discoveries and works. 10. The Institute being once organized, the appointments to vacant places shall be made by the Institute out of a list, at least triple, presented by the clalss in which a place shall have become vacant. 39. Constitution of the Year |. June 24, 1793. Duvergier, Lois, V, 352-358. This constitutiou was drawn up by the Convention and was submitted to the people. Although accepted by them, it was never put in operation, being first temporarily suspended and afterwards set aside. It possesses decided interest, nevertheless, since it represents the ideas of the Jilontjtgnards as to the best permanent form of government. It ^ould^be compared with their schemes of provisional government (Nos. 43 and 45) and with the con- stitutions of 1791 and of the Year III (Nos. 15 and 50), espec- ially with respect to the executive and legislative branches of the government. References. Mathews, French Revolution, 227-229 ; Stephens, French Revolution, II, 530-535 ; Aulard, Revolution Francaise, Part I[, Ch. IV ; Lavisse and Rambaud, Hiatoire Oenerale, VIII. 179-180. Declaration or the Rights of Man and Citizen. The French people, convinced that forgetfulness and con- tempt of the natural rights of man are the sole causes of the miseries of the world, have resolved to set forth in a solemn declaration these sacred and inalienable rig'hts in order CONSTITUTION OF THE YEAR I 17T that all the citizens, being able to compare unceasingly the acts of the government with the aim of every social institu- tion, may never allow themselves to be oppressed and debased by tyranny; and in order that the people may always have before their eyes the foundations of their liberty and their welfare, the magistrate the rule of his duties, the legislator the purpose of his commission. In consequence, it proclaims in the presence of the Su- preme Being the following declaration of the rights of man and citizen. ' I. The aim of society is the common welfare. Government is instituted in order to guarantee to man the enjoyment of his natural and imprescriptible rights. V 2. These rights are equality, liberty, security, and property. 3. All men are equal by nature and before the law. 4. Law is the free and solemn expression of the general will ; it is the same for all, whether it protects or punishes ; it can command only what is just and useful to society; it can forbid only what is injurious to it. 5. All citizens are equally eligible to public employments. Free peoples know no other grounds for preference in their elections than virtue and talent. 6. Liberty is the power that belongs to. man to do what- ever is not injurious to the rights of others: it has nature for its principle, justice for its rule, law for its defence; its moral limit is in this maxim : Do not do to another that which you do not wish should be done to you. 7. The right to express one's thoughts and opinions by means of the press or in any other manner, the right to assem- ble peaceably, the free pursuit of religion, cannot be forbidden. I The necessity of enunciating these rights supposes either the presence or the recollection of recent despotism. 8. Security consists in the protection afforded by society to each of its members for the preservation of his person, his rights, and his property. 9. The law ought to protect public and personal liberty against the oppression of those who govern. 10. No one ought to be accused, arrested, or detained except in the cases determined by law and according to the forms that it has prescribed. Any citizen summoned or seized 172 CONSTITUTION OF THE YEAR I by the authority of the law, ought to obey immediately: he makes himself guilty by resistance. 11. Any act done against a man outside of the cases and without the forms that the law determines is arbitrary and tyrannical; the one against whom it may be intended to be executed by violence has the right to repel it by force. 12. Those who may incite, expedite, subscribe to, execute or cause to be executed arbitrary legal instruments are guilty and ought to be punished. 13. Every man being presumed innocent until he has been pronounced guilty, if it is thought indispensable to arrest him, all severity that may not be necessary to secure his person ought to be strictly repressed by law. 14. No one ought to be tried and punished except afler having been heard or legally summoned, and except in virtue of a law promulgated prior to the offence. The law which would punish offences committed before it existed would be a tyranny: the retroactive effect given to the law would be a crime. J 5. The law ought to impose only penalties that are strictly and obviously necessary: the punishments ought to be proportionate to the offence and useful to society. 16. The right of property is that which belongs to every citizen; to enjoy, and to dispose at his pleasure of his goods, income, and of the fruits of his labor and his skill. 17. No kind of labor, tillage, or commerce can be for- bidden to the skill of the citizens. i8. Every man can contract his services and his time, but he cannot sell himself nor be sold: his person is not an alienable property. The law knows of no such thing as the status of servant; there can exist only a contract for services and compensation between the man who works and the one who employs him. 19. No one can be deprived of the least portion of his property without his consent, unless a legally established public necessity requires it and upon condition of a just and prior compensation. 20. No tax can be imposed except for the general advan- tage. All citizens have the right to participate in the estab- CONSTITUTION OP THE YEAR I 173 lishment of taxes, to watch over the employment of them, and to cause an account of them to be rendered. 21: PubHc relief is a sacred debt. Society owes mainte- nance to unfortunate citizens, either in procuring work for them or in providing the means of existence for those who are unable to labor. 22. Education is needed by all. Society ought to favor with all its power the advancement of the public reason and to put education at the door of every citizen. 2,3. The social guarantee consists in the action of all to secure to each the enjoyment and the maintenance of his rights : this guarantee rests upon the national sovereignty. 24. It cannot exist if the limits of public functions are not clearly determined by law and if the responsibility of all the functionaries is not secured. 25. The sovereignty resides in the people; it is one and indivisible, imprescriptible, and inalienable. 26. No portion of the people can exercise the power of the entire people; but each section of the sovereign, in as- sembly, ought to enjoy the right to express its will with entire freedom. 27. Let any person who may usurp the sovereignty be instantly put to death by free men. 28. A people has always the right to review, to reform, and to alter its constitution. One generation cannot subject to its law the future generations. 29. Each citizen has an equal right to participate in the formation of the law and in the selection of his mandatories or his agents. 30. Public functions are necessarily temporary; they can- not be considered as distinctions or rewards, but as duties. 31. The offences of the representatives of the people and of its agents ought never to go unpunished. No one has the right to claim for himself more inviolability than other cit- izens. 32. The right to present petitions to the depositories of the public authority cannot in any case be forbidden, sus- pended, nor limited. 33. Resistance to oppression is the consequence of the other rights of man. 174 CONSTITUTION OF THE YEAR I 34. There is oppression against the social body when a single one of its members is oppressed: there is oppression against each member when the social body is oppressed. 35. When the government violates the rights of the people, insurrection is for the people and for each portion of the people the most sacred of rights and the most indispensable of duties. ' CONSTITOTIONAL ACT. Of the Republic. 1. ■ The French Republic is one and indivisible. Of the Division of the People. 2. The French .people is divided, for the exercise of its sovereignty, into cantonal primary assemblies. 3. It is divided for administration and for justice into departments, districts, and municipalities. Of the Conditions of Citizenslhip. 4. Every man born and Uving in France fully twenty-one years of age; Every foreigner fully twenty-one years of age, who, do- miciled in France for a year, Lives there by his own labor, Or acquires property. Or marries a French woman. Or adopts a child, Or supports an aged man , Finally, every foreigner who shall be thought by the Leg- islative Body to have deserved well of humanity. Is admitted to the exercise of the rights of French' citizen- ship. 5. The exercise of the rights of citizenship is lost : By naturalization in a foreign country f By the acceptance of employments or favors proceeding from a non-popular government ; By condemnation to ignominious or afflictive penalties until rehabilitation. 6. The exercise of the rights of citizenship is suspended : By the condition of accusation; By a judicial order for contempt of court until the order is abrogated. CONSTITUTION OF THE YEAR I I7S Of the Sovereignty of the People. 7. The sovereign people is the totality of French citizens. 8. It selects its deputies directly. 9. It delegates to electors the choice of the administrators, the public arbitrators, criminal judges, and judges of cassa- tion. to. It deliberates upon the laws. Of the Primary Assemblies. 11. The primary assemblies are composed of the citizens domiciled for six months in each canton. 12. They are composed at the least of two hundred and at the most of six hundred citizens summoned to vote. 13. They are constituted by the selection of a president, secretaries and tellers. 14. Their policing belongs to themselves. 15. No one can appear in them with arms. 16. The elections are conducted by either secret or open voting at the choice of each voter. 17. A primary assembly cannot in any case prescribe a uniform method of voting. 18. The tellers attest the vote of citizens who. not know- ing how to write, prefer to vote by ballot. 19. Votes upon the laws are given by yes or no. 20. The will of the primary assembly is proclaimed as follows : The citizens met in primary assembly . to the number of . . voters, zote for or vote against, by a majority of Of the Nationr_l Representation. 21. Population is the sole basis of the national representa- tion. ■ 22. There is one deputy for every forty thousand persons. 23. Each union of primary assemblies resulting in a pop- ■■ ulation of thirty-nine to forty-one thousand souls selects direct- ly one deputy. 24. The selection is made by the majority of the votes. 25. Each assembly counts the votes and sends a commis- sioner for the general recording to the place designated as the most central. 26. If the first return does not give a majority, a second 176 CONSTITUTION OF THE YEAR I appeal is made and a vote is taken upon the two citizens who have received the greatest number of votes. 27. In case of an equality of votes the most aged has the preference, either as the one to be voted upon or as the one elected. In case of an equality of age, lot decides. 28. Every Frenchman exercising the rights of citizenship is eligible throughout the extent of the Republic. V- 29. Each deputy belongs to the entire nation. 30. In case of the non-acceptance, resignation, forfeiture, or death of a deputy, his replacement is provided for by the primary assemblies which selected him. 31. A deputy who has resigned cannot leave his post until after the admittance of his successor. 2,2. The French people assembles every year on the first of May for the elections. 33. They proceed to them, whatever may be the number of citizens there having the right to vote. ^'34. The primary assemblies meet in extraordinary session upon the request of one-fifth of the citizens who have the right to vote there. 35. The convocation is issued in that case by the mu- nicipality of the usual place of meeting. 36. These extraordinary assemblies transact business only if a half plus one of the citizens who have the right to vote there are present. Of the Electoral Assemblies. 37. The citizens meet in primary assemblies and select one elector for every two hundred citizens, whether present or not; two for three hundred and one to four hundred; three for five hundred and one to six hundred. 38. The holding of electoral assemblies and the method of election are the same as in the primary assemblies. Of the Legislative Body. 39. The Legislative Body is one, indivisible, and perma- nent. ;\y40. The session is for one year. 41. It meets the first of July. 42. The National Assembly cannot constitute itself if it is not composed of at least one-half of the deputies plus one. CONSTITUTION OF THE YEAR I 177 43. The deputies cannot be questioned, accused, or tried at any time for the opinions that they have expressed within the Legislative Body. 44. They can be arrested for criminal acts, if taken in the act; but the warrant of arrest and the warrant of appre- hension can be issued against them only with the authorisation of the Legislative Body. Holding of the Sittings of the Legislative Body. 45. The sittings of the National Assembly are public. 46. The minutes of its sittings are printed. ■ 47. It cannot deliberate unless it is composed of at least two hundred members. 48. It cannot refuse the word to its members in the order that they have claimed it. 49. It decides by the majority of those present. 50. Fifty members have the right to require a vote by roll call. 51. It has the right of discipline upon the conduct of its members within its own midst. 52. The policing of the place of its sittings and of the environs of which it has fixed the extent belongs to it. Of the Functions of the Legislative Body. 53. The Legislative Body proposes laws and issues de- crees. 54. Included under the general name of law are the acts of the Legislative Body in regard to : '■ Civil and criminal legislation ; The general administration of the revenues and ordinary expenses of the Republic ; The national domains ; The title, weight, impress, and denomination of the monies ; The nature, amount, and collection of the taxes ; The declaration of war; Every new general division of the French territory; Public instruction; Public honors to the memory of great men. 55. Included under the special name of decree are the acts of the Legislative Body in regard to : The annual establishment of the land and sea forces ; 178 CONSTITDTION OF THE YEAR I Permission or prohibition of the passage of foreign troops over French soil ; The introduction of foreign naval forces into the ports of the Repubhc; Measures of general security and tranquility; The annual and momentary distribution of public relief and work; W. Orders for the coining of money of every sort; Unforeseen and extraordinary expenses ; The local and special measures for an administration, a commune, or a class of public works; The defence of the soil ; \, Ratification of treaties; >/' The appointment and dismissal of commanders-in-chief of. the armies; Proceedings to enforce the responsibility of members of the Council and of public officials; *" Accusation of those accused of plots against the general security of the Republic ; Every alteration in the division of French territory into parts ; National rewards. Of the Formation of the Law. 56. Projects of law are preceded by a report. ' '• 57. The discussion cannot begin and the law cannot be pro- visionally decreed until fifteen days after the report. 58. The project is printed and sent to all the communes of the Republic under this title : Proposed law. \/X 59- F^orty days after the sending of the proposed law, if in .one-half of the departments plus one, a tenth of the regularly constituted primary assemblies of each of them do not object, the project is accepted and becomes law. 60. If there is objection, the Legislative Body convokes the primary assemblies. Of the Title of the Laws and Decrees. 6r. The laws, the decrees, the judicial orders, and all pub- j lie acts are superscribed: In the name of the French people, ihe year . of the French Republic. CONSTITUTION OF THE YEAR I lyg Of the Executive Council. 62. There is an executive council composed of twenty-four members. , j^(>3- The electoral assembly of each department selects a candidate. The Legislative Body chooses the members of the council from the general list. 64. It is renewed by a half at each legislature in the last month of its session. 65. The council is charged with the direction and super- vision of the general administration ; it can act only in the exe- cution of the laws and decrees of the Legislative Body. 66. It appoints, from outside of its own body, the principal agents of the general administration of the Republic. 67. The Legislative Body determines the number and the duties of these agents. 68. These agents do not form a council ; they are separated and are without direct relations with each other; they do not exercise any personal authority. 69. The council • appoints, from outside its own body, the foreign agents of the Republic. J70. It negotiates the treaties. 71. The members of the council, in cases of betrayal of trust, are accused by the Legislative Body. 72. The council is responsible for the non-execution of the laws and decrees and for abuses of which it does not give notice. 73. It recalls and replaces the agents within its appoint- ment. 74. It is required to denounce them, if there is occasion, to the judicial authorities. Of the Relations of the Executive Council with the Legislative Body. 75. The Executive Council resides near the Legislative Body; it has admittance and a separate position in the place of its meetings. A 76. It is heard whenever it has a statement to make. yy. The Legislative Body summons it into its presence, in whole or in part, whenever it thinks expedient. l8o CONSTITUTION OF THE YEAE I Of the Administrative and Municipal Bodies. 78. There is in each commune of the Republic a municipal administration; In each district, an intermediate administration; In each department, a central administration. 79. The municipal officers are elected by the communal as- semblies. 80. The administrators are appointed by the department and district electoral assemblies. 81. The municipalities and the administrations are renewed each year by half. 82. The administrators and municipal officers have no rep- resentative character. They cannot in any case alter the acts of the Legislative Body nor suspend the execution of them. 83. The Legislative Body fixes the duties of the municipal officers and the administrators', the rules of their subordination, ' and the penalties that they may incur. 84. The sittings of the municipalities and the administra- tions are public. Of Civil Justice. 85. The Code of civil and penal lav^fs is uniform for the whole Republic. 86. No attack can be made upon the right that the citizens have to cause their differences to be passed upon by arbitrators of their own choice. 87. The decision of these arbitrators is final if citizens do not reserve the right to object. 88. There are justices of the peace elected by the citizens of the districts fixed by the law. 89. They conciliate and pass judgment without expense. go. Their number and competency are regulated by the Legislative Body. ' ^ gi. There are public arbitrators elected by the electoral as- '.s^mblies. 92. Their number and their districts are fixed by the Legis- lative Body. "^ 9.3. They have jurisdiction over cases which have not been finally terminated by the private arbitrators or by justices of the peace. CONSTITUTION OP THE YEAR I ig[ 94. They deliberate in public. They deliver their opinions orally. They decide in the last resort, upon oral pleas or simple me- morial, without proceedings and without expense. They state the grounds for their decisions. 95. The justices of the peace and the public arbitrators are elected every year. a ^ , ^ Of Criminal Justice. xX. there shall be occasion for the death penalty and for confiscation of goods, whenever the offences mentioned in the three preceding articles shall have been committed with the intention of assisting the undertakings of the internal or exter- nal enemies of the Republic. 2o6 TREATIES WITH PRUSSIA 48. Treaties with Prussia. Through the first of these agreements Prussia withdrew from the coalition against E'rance. Document B is the complement of document A. Particular attention should be given to the arrange- ments in regard to the territory upon the left bank of the Rhine, the compensation for the dispossessed princes and the neutrality line In Germany. References. Gardiner, French Revolution, 238-241 ; Fyffe, Modern Europe, I, 95-98 (Students' ed., 64-66) ; Von Sybel, French Revolution, IV, Book XI, Ch. iii ; Lavisse and Eambaud, Histoire Qenerale, VIII, 301-305 : Sorel, L'Europe et la Revolution Fran- eaise, IV, 281-292. Maps. Droysen, Historischer Hand-Atlas, 48 ; Lane-Poole, Hin- torical Atlas of Modern Europe, XI-XII ; Vidal-Lablache, Atlas Gen- eral, 40. A. Treaty of Basle. April 5, 1795 (16 Germinal, Year III). De Oercq, Traites, I, 232-236. The French Republic and His Majesty, the King of Prus- sia, equally prompted by the desire to put an end to the war which divides them, by a firm peace between the two nations, 1. There shall be peace, amity, and good understanding between the French Republic and the King of Prussia, con- sidered as such and in the capacity of Elector of Branden- burg and of Co-State of the Germanic Empire. 2. Accordingly, all hostilities between the two Contract- ing Powers shall cease, dating from the ratification of the present treaty ; and neither of them, dating from the same time, shall furnish against the other, in any capacity or by any title whatsoever, any assistance or contingent, whether in men, in horses, provisions, money, munitions of war, or other- wise. 3. Neither of the Contracting Powers shall grant passage over its territory to troops of the enemies of the other. 4. The troops of the French Republic shall evacuate, within the fifteen days which follow the ratification of the present treaty, the parts of the Prussian States which they may occupy upon the right bank of the Rhine. . . £ . The troops of the French Republic shall continue to occupy the part of the States of the King of Prussia situated upon the left bank of the Rhme. All definitive arrangement TREATIES WITH PRUSSIA 207 with respect to these provinces shall be put off until the gen- eral pacification between France and the German Empire. II. The French Republic shall accept the good offices of His Majesty the King of Prussia in favor of the Princes and States of the Germanic Empire who shall desire to enter directly into negotiation with it, and who, for that purpose, have already requested or shall yet request the intervention of the King. The French Republic, in order to give to the King of Prussia a signal proof of its desire to co-operate for the re-establishment of the former bonds of amity which have e:fisted between the two countries, consents not to treat as hostile countries, during the space of three months after the ratification of the present treaty, those of the Princes and States of the said Emipre situated upon the right bank of the Rhine and in favor of whom the King shall interest himself. SEPARATE AND SECRET ARTICLES. 2. If, at the general pacification between the Germanic Empire and France, the left bank of the Rhine remains with France, His Majesty the King of Prussia will come to an agreement with the French Republic upon the method of the cession of the Prussian States situated upon the left bank of this river, in exchange for such territorial indemnification as shall be agreed upon. In this case the King shall accept the guarantee which the Republic offers him for this indem- nification. 3. In order to remove the theatre of war from the fron- tiers of the States of the King of Prussia, to preserve the tran- quility of the north of Germany, and to establish entire free- dom of commerce between that part of the Empire and France as before the war, the French Republic consents not to extend the operations of war, nor to cause its troops to enter, either by land or sea, into the Countries and States situated beyond the following line of demarcation : 2o8 TREATIES WITH PRUSSIA [For this line see Putzger, Historischer Schul-Atlas, 24.] The French Republic will regard as neutral Countries and States all those which are situated beyond this line, on con- dition that His Majesty, the King of Prussia, undertakes to cause them to observe a strict neutrality, of which the first point shall be to recall their contingents and not* to contract any new engagements which can authorise them to furnish troops to the Powers at war with France. The King charges himself with the guarantee that no troops hostile to France shall pass this line, nor set out from the countries which are here included, in order to fight the French armies ; and for this purpose the two Contracting Powers, after having planned together, shall agree upon the essential points for suflficient corps of observation to cause this neutrality to be respected. S. The French RepubHc, desiring to contribute in everything that depends upon it to the emancipation and well being of Prussia, with which it recognizes that it has a large identity of interests, consents in case France, at the future peace with the Germanic Empire, shall extend its limits to the Rhine and shall thus remain in possession of the States of the Due de Deux Ponts, to charge itself with the guarantee of the sum of 1,500,000 rixdalers loaned by the King to the Prince, after the indentures of this debt shall have been produced and its authenticity established. B. Secret Convention. August 5, 1796 (18 Thermidor, Year IV). De Clercq, Traites, I, 281-283. The French Republic and His Majesty the King of Prussia, prompted by an equal desire to see the baneful war which afflicts Europe cease shortly, and flattering themselves that the accomplishment of this salutary desire cannot be far dis- tant, have believed that they ought in advance to enter into amicable communications upon several matters relative to this pacification, which they hope is approaching. I. The intention of the two Contracting Powers being, first of all, to agree upon a territorial indemnification for the loss of the Prussian provinces upoh the left bank of the Rhine, TREATY OF THE HAGUE 209 in case the said bank shall be ceded to France at the time of the peace with the Empire, . His Prussian Majesty, in order to give to the French Republic a proof of his feelings of amity, declares that when the question of the cession of the left bank of the Rhine to France shall arise,, he will not oppose it ; and, as in that case, in order to indem- nify the secular Princes who will lose by that arrangement, the principle of secularizations becomes absolutely indispen- sable, His Majesty consents to accept the said principle and he shall receive as indemnity for the' said Trans-Rhen- ish provinces, including the enclave of Sevenaer, which m this case will be ceded to France, the remainder o£ the bishopric of Munst«.r, with the country of Recklinghausen,, making deduction of the part mentioned above and on con- dition of their prior secularization;' His Majesty still reserv- ing to himself to add to these what may be suitable to com- plete his indemnification, upon which matter the two Powers shall come to an agreement. 49. Treaty of the Hague. May 16, 1795 (27 Florgal, Year III). De Clercq, Traites, I, 236-242. Tills treaty illustrates the relationship between France and countries such as Holland which it revolutionized but did not ^nnex. RBFEJ^E^'CE. Lavisse and Rambaud, Histoirc Generale^ VIIT, 303-304. The French Republic and the Republic of the United Provinces, equally animated ty the desire to put an end to the war which has divided them, to repair the evils of it by a just distribution of reciprocal damages and advantages, and to unite themselves forever by an alliance founded upon the true interests of the two peoples, . . 1. The French Republic recognizes the Republic of the United Provinces as a free and independent Power and guar- antees to it its liberty, its independence, and the abolition of 210 TREATY OF THE HAGUE the Stadtholderate decreed by the States-General and 'by each province on its own part. 2. There shall be forever between the two Republics, the -French and the United Provinces, peace, friendship, and good understanding. 3. There shall be between the two Republics, until the end of the war, an offensive and defensive alliance against all their enemies without distinction. 4. This offensive and defensive alliance shall exist against England, whenever either of the two Republics shall be at war with her. 5. Neither of the two Republics shall make peace with England, nor treat with her, without the co-operation and con- sent of the other. 6. The French Republic shall not make peace with any of the other coalesced Powers without including the Republic of the United Provinces. 7. The Republic of the United Provinces shall furnish for its contingent during this campaign twelve line-of-battle ships and eighteen frigates, to be employed principally in the German Ocean, the North and Baltic Seas. These forces shall be increased for the next campaign, if one occurs. The Republic of the United Provinces shall furnish besides, if it is requested to do so, at least half of the land forces which it shall have on foot. 8. The land and sea forces of the United Provinces — which shall be expressly intended to act with those of the French Republic — shall be under the orders of the French generals. . . [Articles 11-12 provide for the transfer to France of Flanders, Maestrecht, Venloo, and other districts in the vicinity of the river Meuse. By article 16 compensation of an equal extent of territory is to be provided at the general peace "out of the country conquered and retained by France."] 17. The French Republic shall continue to occupy m.ili- tarily, during the present war only, but by a number of troops determined and agreed upon, between the two nations, the places and positions which it will be useful to guard for the defence of the country. TREATY OF THE HAGUE 2[I 20. The Republic of the United Provinces shall pay to the French Republic, as indemnity and damages for the ex- penses of the war, one hundred million florins current money of Holland, either in coin or in good foreign bills of ex- change, in conformity with the method of payment agreed upon between the two Republics. 22. The Republic of the United Provinces pledges itself not to give asylum to any French fimigre ; likewise the French Republic will not give asylum to Orangist fimigres. SEPARATE AND SECRET SOCIETIES. 1. [Reduces the naval forces mentioned in number i of the open articles to three line-of-battle ships and four frigates.] 2. The districts named in article 12 of the open treaty are reserved [by France] only in order to be united to the French Republic and not to other Powers. 3. A month after the exchange of the ratifications of the present treaty, the French army in the United Prov- inces shall be reduced, in execution of article 17 of the open treaty, to 25,000 men, who shall be paid in coin, equipped and clothed by the Republic of the United Provinces upon the looting of war, in conformity with a rule which shall be agreed upon between the two governments. This army shall be left after the peace, in whole or in part, to the Republic of the United Provinces as long as she shall desire and it shall be maintained upon the footing that shall be determined for that purpose. S- The requisitions made directly to the States-General by the Representatives of the People before the signing of the present treaty shall be fulfilled in toto without delay. The repayment of this outlay taken in its totality is reduced and fixed at the sum of ten million florins. 6. The two Contracting Republics mutually guarantee the possessions which they had before this war in the two Indies and upon the coasts of Africa. The harbors of the Cape of 212 CONSTITUTION OF THE YEAR III Good Hope, Colombo and Trincomali shall be open to French vessels as well as to vessels of the United Provinces and upon the same terms. 50. Constitution of the Year III. August 22, 1795 (5 Fructidor, I'ear III). Duvergier, Lois, VIII, 223-242. This constitution was drawn up after tlie suppression of tlie insurrection of Prairial. wlnicli iiad demanded that the Constitu- tion of the Year I should be put in operation. It was referred to the people, but coupled with the requirement that at least two- thirds of the members of the Convention must be elected to the two legislative councils. This "decree of the two-thirds" led to the unsuccessful royalist insurrection of Vendfimialre. The new- constitution was then put into effect (October 26, 1795). It remained in operation' until IS Brumaire. The general plan for the legislative and execiMive branches of the government calls for noticAc-. the former shclulSKlje compared with those of the constitu- tions of 17','1 and of the Year I (see Nos. 15 and 39), the latter with those of the same documents and of No. 45. The basis for 4 suffrage and office-holding should also be compared with the earlier f constitutions. Eepekences. Gardiner, French lievolution, 247-250 ; Mathews, French Revolution, 277-280 ; Fyffe, Modern Europe, I, 100-lOS (Students' ed., 08-691 : Fournier, Napoleon, 54; Lanfrey, Napoleon, I, 48-50 ; Von Sybel, French Revolution, IV, 394-404 ; Lavisse and Rambaud, Histoire Generate, VIII, 227-230, 374-376 ; Aulard, Rev- olution Francaise, Part III, Ch. i. Declaration of the Rights and Duties of Man AND Citizen. The French people proclaim in the presence of the Su- preme Being the following declaration of the rights of man and citizen. EIGHTS. 1. The rights of man in society are liberty, equality, se- curity, property. 2. Liberty consists in the power to do that which does not injure the rights of others. 3. Equality consists in this, that the law is the same for all, whether it protects or punishes. Equality does not admit of any distinction of birth nor of any inheritance of powers. 4. Security results from the co-operation of all in order to assure the rights of each. CONSTITUTION OF THE YEAR III 213 5. Property is the right to enjoy and to dispose of one's goods, income, and the fruit of one's labor and industry. 6. The law is the general will expressed by the majority of the citizens or their representatives. 7. That which is not' forbidden by the law cannot be pre- vented. No one can be constrained to do that which it does not ordain. 8. No one can be summoned into court, accused, arrested, or detained except in the cases determined by the law and according to the forms which it has prescribed. 9. Those who incite, promote, sign, execute, or cause to be executed arbitrary acts are guilty and ought to be punished. 10. Every severity which may not be necessary to secure the person of a prisoner ought to be severely repressed by the law. u. No one can be tried until after he has been heard or legally summoned. 12. The law ought to decree only such penalties as are strictly necessary and proportionate to the offence. 13. All treatment which increases the penalty fixed by the law is a crime. 14. No law, either civil or criminal, can have retroactive efifect. 15. Every man can contract his time and his services, but he cannot sell himself nor be sold; his person is not an alien- able property. 16. Every tax is established for the public utility; it ought to be apportioned among those liable for taxes accord- ing to their means. 17. Sovereignty resides essentially in the totality of the citizens. 18. No individual nor assembly of part of the citizens canN assume the sovereignty. 19. No one can without legal delegation exercise any authority or fill any public function. 20. Each citizen has a legal right to participate directly or indirectly in the formation of the law and in the selection of the representatives of the people and of the public function- aries. 214 CONSTITUTION OP THE YBAE III 21. The public offices cannot become the property of those who hold them. 22. The social guarantee cannot exist if the division of powers is not established, if their limits are not fixed, and if the responsibility of the public functionaries is not assured. DUTIES. 1. The declaration of rights contains the obligations of the legislators : the maintenance of society requires that those who compose it should both know and fulfill their duties. 2. All the duties of man and citizen spring from these two principles graven by nature in every heart : Not to do to others that which you would not that they should do to you. ' Do continually for others the good that you would wish to receive from them. 3. The obligations of each person to society consist in defending it, serving it, living in submission to the laws, and respecting those who are the agents of theim. 4. No one is a good citizen unless he is a good son, good father, good brother, good friend, good husband. 5. No one is a virtuous man unless he is unreservedly and religiously an observer of the laws. 6. The one who violates the laws openly declares himself in a state of war with society. 7. The one who, without transgressing the laws, eludes them by stratagem or ingenuity wounds the interests of all ; he makes himself unworthy of their good will and their esteem. 8. It is upon the maintenance of property that the culti- vation of the land, all the productions, all means of labor, and the whole social order rest. 9. Every citizen owes his services to the fatherland and to the maintenance of liberty, equality, and property whenever the law summofls him to defend them. Constitution. 1. The French Republic is one and indivisible. 2. The totality of the French citizens is the sovereign. TITLE I. 3. France is divided into departments. These departments are . . [list omitted]. CONSTITUTION OF THE YEAR III 2IS 4. The boundaries of the departments can be changed or rectified by the Legislative Body; but in that case, the area of a department cannot exceed one hundred square myriame- ters (four hundred common square leagues). 5- Each department is divided into cantons, each canton jpto communes. The cantons preserve their present circumscriptions. Their boundaries, nevertheless, can be changed or recti- fied by the Legislative Body; but in that case there shall not be more than one myriameter (two common leagues of two thousand five hundred and sixty-six toises each) of the com- mune the most remote from the head-town of the canton. 6. The French colonies are integral parts of the Republic and are subject to the same constitutional law. 7. They are divided into departments as follows : The island of Saint Domingo, of which the Legislative Body shall determine the division, into four departments at least and into six at most; Guadaloupe, Marie Galante, Desirade, the Saintes, and the French part of Saint Martin; Martinique ; French Guiana and Cayenne ; Saint Lucia and Tabago; The Isle of France, the Seychelles, Rodriguez, the settle- ments of Madagascar; The Island of Reunion ; The East Indies, Pondicherry, Obandernagor, Mahe, Kar- ikal and other settlements. TITLE II. -POLITICAL CONMTION OF THE CITIZENS. 8. Every man born and residing in France, fully twenty- one years of age, who has had himself enrolled upon the civic register of his canton, who has lived for a year past upon the soil of the Republic, and who pays a direct land or personal property tax, is a French citizen. 9. Frenchmen who shall have made onC' or more cam- paigns for the establishment of the Republic are citizens, with- out condition as to tax. 10. A foreigner becomes a French citizen when, after hav- ing fully reached the age of twenty-one years and having de- clared an intention to settle in France, he has resided here for seven consecutive years ; provided he pays a direct tax, and in 2l6 CONSTITUTION OP THE YEAE III addition possesses real estate or an agricultural or commercial establishment, or has married a French woman. 11. Only French citizens can vote in the primary assemb- lies and be summoned to the offices established by the con- stitution. 12. The exercise of the rights of citizenship is lost : 1st. By naturalization m a foreign country; 2d. By affiliation with any foreign corporation which may imply distinctions of birth or which may demand religious vows ; 3d. By the acceptance of positions or pensions offered by » foreign government ; 4th. By condemnation to afflictive or infamous penalties un- til rehabilitation; 13. The exercise of the rights of citizenship is suspended: 1st. By judicial inhibition because of delirium, insanity, or imbecilitj' ; 2d. By the condition of bankruptcy or by the direct inheri- tance by gratuitous title of the whole or of part of the suc- cession of a bankrupt ; 3d. By the condition of domestice service for wages either for a person or a household; 4th. By the condition of accusation; 5th. By a judgment of contempt of court, as long as the judgment is not annuled. 14. The exercise of the rights of citizenship is neither lost nor suspended except in the cases enumerated in the two pre- ceding articles. 15. Every citizen who shall have resided for seven con- secutive years outside of the territory of the Republic, without commission or authorisation given in the name of the Repub- lic, is reputed a foreigner; he becomes a French citizen again only after having conformed to the conditions pre- scribed in article 10. 16. Young men cannot be enrolled upon the civic register unless they prove that they know how to read and write and to follow a mechanical calling. The manual operations of agriculture belong to the me- chanical callings. This article shall have effect only dating from the Year XII of the Republic. CONSTITUTION OF THE YEAE III 217 TITLE III. PRIMARY ASSEMBLIES. 17. The primary assemblies are composed of the citizens residing in the same canton. The domicile requisite for voting in these assemblies is acquired only by residence for one year and is lost only by a year of absence. 18. No one can act by proxy in the primary assemblies or vote for the same matter in more than one of these assemblies. 19. There is at least one primary assembly per canton. When there are several of them each is composed of four hundred citizens at least, of nine hundred at most. These numbers include the citizens, present or absent, hav- ing the right to vote there. 20. The primary assemblies constitute themselves provis- ionally under the presidency of the most aged; the youngest discharges provisionally the duties of secretary. 21. They are definitively constituted through the selection by ballot of a president, secretary, and three tellers. 22. If difficulties arise over the qualifications requisite for voting the assembly decides provisionally, reserving recourse to the civil tribunal of the department. 23. In every other case the Legislative Body alone pro- nounces upon the validity of the operations of the primary assemblies. 24. No one can appear in arms in the primary as- semblies. 25. Their policing belongs to themselves. 26. The primary assemblies meet : 1st. In order to accept or reject changes in the constitu- ticnal. act proposed by the assemblies of revision ; 2d. To conduct the elections which belong to them accord- ing to the constitutional act. 27. They meet with perfect right upon i Germinal of each year and proceed, according as there is occasion, to the se- lection : 1st. Of the members of the electoral assembly; 2d. The justice of the peace and his assessors; 3d. The president of the municipal administration of the canton, or the municipal officers in the communes of above five thousand inhabitants. 2i8 CONSTITUTION OP THE YBAE III 28. Immediately after these elections, in the communes of under five thousand inhabitants, the communal assemblies are held, which elect the agents of each commune and their as- sistants. 29. Whatever is done in a primary or communal assembly that is beyond the purpose of its convocation and contrary to the forms settled by the constitution is null. 30. The assemblies, whether primary or communal, carry on no other elections than those which are assigned to them by the constitutional act. 31. All the elections are carried on by secret ballot. 32. Every citizen who is legally convicted of having sold or purchased a vote is excluded from the primary and com- munal assemblies and from every public office for twenty years ; in case of repetition, forever. TITLE IV. ELECTORAL ASSEMBLIES. 33. Each primary assembly selects one elector by reason of two hundred citizens, present or absent, having the right to vote in the said assembly. For citizens up to the number of three hundred inclusive only one elector is chosen. Two of them are selected for three hundred and one up to five hundred ; Three for five hundred and one up to seven hundred ; Four for seven 'hundred and one up to nine hundred. 34. The members of the electoral assemblies are selected each year and can be re-elected only after an interval of two years. 35. No one can be chosen elector unless he is twenty-five years of age and unites to the qualifications necessary for the exercise of the rights of French citizenship one of the fol- lowing conditions, to wit : In the communes of above six thousand inhabitants, that of being proprietor or usufructuary of a property valued at an income equal to the local value of two hundred days of labor, or that of being occupant either of a habitation valued at an income equal to the value of one hundred and fifty days of labor, or of a rural property valued at two hiindred days of labor ; In the communes of under six thousand inhabitants, that of being proprietor or usufructuary of a property valued at an CONSTITUTION OP THE YEAR III 219 income equal to the local value of one hundred and fifty days of labor, or that of being occupant either of a habitation val- ued at an income equal to the value of one hundred days of labor or of rural property valued at one hundred days of labor ; And in the country that of being proprietor or usufruc- tuary of a property valued at an income equal to the local val- ue of one hundred and fifty days of labor, or that of being the. farmer or metayer of properties appraised at the value of two hundred days of labor. With respect to those who shall be at the same time pro- prietors or usufructuaries for one part and occupants, farmers, or metayers for the other, their properties by these different titles shall be cumulated to the amount necessary to estab- lish their eligibility. 36. The electoral assembly of each department meets on 20 Germinal of each year and concludes, in a single session of ten days at most and without power to adjourn, all the elec- tions which are to occur; after that it is dissolved with per- fect right. 37. The electoral assemblies cannot busy themselves with any matter foreign to the elections with which they are charged; they cannot send or receive any address, any peti- tion, or any deputation. 38. The electoral assemblies cannot correspond among themselves. 39. No citizen, having been a member of an electoral as- sembly, can take the title of elector or. meet in that capacity with those who have been with him members of that same assembly. Infraction of the present article is an attempt against the general security. 40. Articles 18, 20, 21, 23, 24, 25, 29, 30, 31 and 32 of the preceding title, upon the primary assemblies, are common to the electoral assemblies. 41. The electoral assemblies elect according as there is occasion : ist. The members of the Legislative Body; to wit, the members of the Council of Ancients, then the members of the Council of the Five Hundred ; 2d. The members of the tribunal of cassation ; 220 CONSTITUTION OF THE YEAE III 3d. The high jurors ; 4th. The department administrators ; Sth. The president, public accuser, and recorder of the criminal tribunal ; 6th. The judges of the civil tribunals. 42. When a citizen is elected by the electoral assemblies in order to replace a deceased, resigned, or dismissed function- ary, this citizen is elected only for the time which remained to the replaced functionary. 43. The commissioner of the Executive Directory near the administration of each department is required, under penalty of dismissal, to inform the Directory of the opening and clos- ing of the electoral assemblies : this commissioner can neither stop nor suspend the operations, nor enter into the place of the sittings ; but he has the right to call for communication of the minutes of each session within the twenty-four hours which follow it, and he is required to inform the Directory of the infractions which may be made of the constitutional act. In all cases the Legislative Body alone passes upon the validity of the operations of the electoral assemblies. TITLE V. LEOISLATIVE POWER. General Provisions. 44. The Legislative Body is composed of a Council of Ancients and a Council of the Five Hundred. 45. In no case can the Legislative Body delegate to one or several of its members, nor to anybody whomsoever, any of the functions which are assigned to it by the present constitution. 46. It cannot itself or by delegates discharge the executive or the judicial power. 47. The position of member of the Legislative Body and the discharge of any other public function, except that of archivist of the Republic, are incompatible. 48. The law determines the method of permanently or temporarily replacing the public functionaries who have been elected members of the Legislative Body. 49. Each department contributes, only in proportion to its population, to the selection of the members of the Council of .A.ncients and of the members of the Council of the Five Hundred. CONSTITUTION OF THE YEAR III 221 50. Every ten years the Legislative Body, according to the lists of population which are sent to it, determines the number of members of each council which each department shall furnish. 51. No change can be made in this apportionment during this interval. 52. The members of the Legislative Body are not repre- sentatives of the department which has selected them, but of the entire nation, and no instructions can be given to them. 53. Both Councils are renewed every year by a third. 54. The members retiring after three years can be im- mediately re-elected for the three following years, after which there must be an interval of two years before they can be elected again. SS- No one in any case can be a member of the Legisla- tive Body during more than six consecutive years. 56. If through extraordinary circumstances either of the two Councils finds itself reduced to less than two-thirds of its members, it gives notice thereof to the Executive Directory, which is required to convoke without delay the primary as- semblies of the departments, which have members of the Legislative Body to replace through the efifect of these circum- stances : the primary assemblies immediately select the elec- tors, who proceed to the necessary replacements. 57. The newly elected members for both of the Councils meet upon i Prairial of each year in the commune which has been indicated by the preceding Legislative Body, or in the same commune where it has held its last sittings, if it has not designated another. 58. The two Councils always reside in the same commune. Sp. The Legislative Body is permanent ; nevertheless, it can adjourn for periods which it designates. 60. In no case can the two Councils meet in a single hall. 61. Neither in the Council of Ancients nor in the Council of the Five Hundred can the functions of president and sec- retary exceed the duration of one month. 62. The two Councils respectively have the right of police in the place of their sittings and in the environs which they have determined. 63. They have respectively the right of police over their 222 CONSTITUTION OF THE TRAE III members ; but they cannot pronounce any penalty more severe than censure, arrests for eight days, or imprisonment for three. 64. The sittings of both Councils are public: the specta- tors cannot exceed in number half of the members of each Council respectively. The minutes of the sittings are printed. 65. Every decision is taken by rising and sitting ; in case of doubt, the roll call is employed, but in that case the votes are secret. 66. Upon the request of one hundred of its members each Council can form itself into secret committee of the whole, but only in order to discuss, not to resolve. 67. Neither of these Councils can create any permanent committee within its own body. But each Council has the power, when a matter seems to it susceptible of a preparatory examination, to appoint from among its members a special commission, wliich confines itself exclusively to the matter that led to its formation. This commission is dissolved as soon as the Council has legislated upon the matter with which it was charged. 68. The members of the Legislative Body receive an an- nual compensation; it is fixed for both Councils at the value of three thousand myriagrams of wheat (six hundred and thirty quintals, thirty-two livres). 69. The Executive Directory cannot cause any body of troops to pass or to sojourn within six myriameters (twelve common leagues) of the commune where the Legislative Body is holding its sittings, except upon its requisition or with its authorisation. 70. There is near the Legislative Body a guard of citizens, taken from the reserve National Guard of all the departments and chosen by their brothers in arms. This guard cannot be less than fifteen hundred men in active service. 71. The Legislative Body fixes the method of this service and its duration. 72. The Legislative Body is not to be present at any public ceremony nor does it send deputations to them. CONSTITUTION OF THE YBAIt III 223 Council of the Five Hundred. 73. The Council of the Five Hundred is unalterably fixed at that number. 74. In order to be elected a member of the Council of the Five Hundred it is necessary to be fully thirty years of age and to have been domiciled upon the soil of France for the ten years which shall have immediately preceded the election. The condition of thirty years, of age shall not be required before the seventh year of the Republic: until that date the age of twenty-five shall be sufficient. 75. The Council of the Five Hundred cannot deliberate unless the sitting is composed of at least two hundred mem- bers. 76. The proposal of the laws belongs exclusively to the Council of the Five Hundred, TJ. No proposition can be considered or decided upon in the Council of the Five Hundred except in observance of the following forms. There shall be three readings of the proposal ; the interval between two of these readings cannot be less than ten days. The discussion is open after each reading; nevertheless, the Council of the Five Hundred can declare that there is cause for adjournment or that there is no occasion for consideration. Every proposal shall be printed and distributed two days before the second reading. After the third reading the Council of the Five Hundred decides whether or not there is cause for adjournment. 78. No proposition, which after having been submitted to discussion has been definitively rejected after the third reading, can be renewed until after a year has elapsed. 79. The propositions adopted by the Council of the Five Hundred are called Resolutions. 80. The preamble of every resolution states : 1st. The dates of the sittings upon which the three readings 0/ the proposition shall have occurred ; 2d. The act by which after the third reading it has been de- clared that there was not cause for adjournment. 81. The propositions recognized as urgent by a previous declaration of the Council of the Five Hundred are exempt from the forms prescribed by article 77. 224 CONSTITUTION OF THE YBAE III This declaration states the motives for urgency and men- tion shall be^ade of them in the preamble of the resolution. Council of Ancients. 82. The Council of Ancients is composed of two hundred ana fifty members. 83. No one can be elected a member of the Council of Ancients, Unless he is fully forty years of age ; Unless, moreover, he is married or a widower; And unless he has been domiciled upon the soil of the Republic for the fifteen years which shall have immediately preceded the election. 84. The condition of domicile required by the pre- ceding article and that prescribed by article 74 do not affect the citizens who are away from the soil of the Repub- lic upon a mission of the Government. 85.' The Council of Ancients cannot deliberate unless the sitting is composed of at least one hundred and twenty-six members. 86. It belongs exclusively to the Council of Ancients to approve or reject the resolutions of the Council of the Five Hundred. 87. As soon as a resolution of the Council of the Five Hundred has reached the Council of Ancients the president •directs the reading of the preamble. 88. The Council of Ancients refuses to approve the reso- lutions of the Council of the Five Hundred which have not been taken in the forms prescribed by the Constitution. 89. If the proposition has been declared urgent by the Council of the Five Hundred, the Council of Ancients decides to approve or reject the act of urgency. go. If the Council of Ancients rejects the act of urgency, it does not pass upon the matter of the resolution. 91. If the resolution is not preceded by an act of urgency, there shall be three readings of it : the interval between two of these readings cannot be less than five days. The debate is open after each reading. Every resolution is printed and distributed at least two ■days before the second reading. CONSTITUTION OF THE YKAE III 225 92. The resolutions of the Council of the Five Hundred adopted by the Council of Ancients are called Laws. 93. The preamble of the laws states the dates of the sit- tings of the Council of Ancients upon which the three read- ings have occurred. 94. The decree by which the Council of Ancients recog- nizes the urgency of a law is adduced and mentioned in the preamble of that law. 95. The proposition for a law made by the Council of the Five Hundred embraces all the articles of a single project : the Council shall reject them all or approve them in their en- tirety. 96. The approval of the Council of Ancients is expressed upon each proposition of law by this formula, signed by the president and the secretaries : The Council of Ancients ap- proves . 97. The refusal to adopt because of the omission of the forms indicated in article yy is expressed by this formula, signed by the president and the secretaries : The Constitution annuls ... 98. The refusal to approve the principle of the law is ex- pressed by this formula, signed by the president and the secre- taries : The Council of Ancients cannot adopt . 99. In the case of the preceding article, the rejected pro- ject of law cannot be again presented by the Council of the Five Hundred until after a year has elapsed. 100. The Council of the Five Hundred, nevertheless, can present at any date whatsoever a project of law which con- tains articles included in a project which has been rejected. loi. The Council of Ancients within the day sends the laws which it has adopted to the Council of the Five Hundred as well as to the Executive Directory. 102. The Council of Ancients can change the residence of the Legislative Body; it indicates in this case a new place and the date at which the two Councils are required to repair thence. The decree of the Council of Ancients upon this subject is irrevocable. 103. Upon the day of this decree neither of the Councils can deliberate any further in the commune where they have until then resided. 226 CONSTITUTION OF THE YEAR III The members who may continue their functions there make themselves guilty of an attempt against the security of the Republic. 104. The members of the Executive Directory who may retard or refuse to seal, promulgate, and dispatch the decree oi transfer of the Legislative Body are guilty of the same offence. 105. If, within the twenty days after that fixed by the Council of Ancients, the majority of each of the two Councils have not mtade known to the Republic their arrival at the new place indicated or their meeting in some other place, the de- partment administrators, or in their default, the department civil tribunals, convoke the primary assemblies in order to select the electors who proceed forthwith to the formation of a new Legislative Body by the election of two hundred and fifty deputies for tne Council of Ancients and five hundred for the other Council. 106. The department administrators, who, in the case of the preceding article may be remiss in convoking the primary assemblies, make themselves guilty of high treason and of an attempt against the security of the Republic. 107. All citizens who interpose obstacles to the convoca- tion of the primary and electoral assemblies in the case of article 106 are guilty of the same offence. 108. The members of the new Legislative Body assemble in the place where the Council of Ancients had transferred its sittings. If they cannot meet in that' place, in whatever place there is a majority there is the Legislative Body. 109. Except in the case of article 102 no proposition of law can originate in the Council of Ancients. Of the Guaranty of the Members of the Legislative Body. no. The citizens who are or have been members of the Legislative Body cannot be questioned, accused, or tried at any time for what they have said or written in the discharge of their functions. HI. The members of the Legislative Body from the mo- ment of their selection to the thirtieth day after the expira- tion of their functions cannot be put on trial except in the forms prescribed by the articles that follow. CONSTITUTION OF THE YEAE III 22/ 112. For criminal acts they can be seized in the very act: but notice thereof is given without delay to the Legislative Body and the prosecution shall be continued only after the Council of the Five Hundred shall have proposed proceed- ing with the trial and the Council of Ancients shall have de- creed it. 113. Outside of the case of flagrante delicto the members of the Legislative Body cannot be brought before the police officers nor put in a state of arrest until after the Council of the Five Hundred has proposed proceeding with the trial and the Council of Ancients has decreed it. 114. In the case of the two preceding articles a member of the Legislative Body cannot be brought before any other tri- bunal than the High Court of Justice. 115. They are brought before the same court for acts of treason, squandering, maneuvers to 'overthrow the Constitu- tion, and attempts against the internal security of the Re- public. 116. No denunciation against a member of the Legislative Body can give rise to a prosecution unless it is reduced to writing, signed, and addressed to the Council of the Five Hun- dred. 117. If, after having deliberated in the form prescribed by article 77, the Council of the !five Hundred accepts the denunciation, it so declares in these terms : The denunciation against . . for the act of dated . signed . . . is accepted. 118. The accused is then summoned: he has a period of three full days in which to make his appearance, and when he appears, he is heard' in the interior of the place of the sittings of the Council of the Five Hundred. 119. Whether the accused be present or not, the Council of the Five Hundred declares after this period whether there is occasion or not for the examination of his conduct. 120. If the Council of the Five Hundred declares that there is occasion for an examination, the accused is sum- moned by the Council of Ancients : he has a period of two full days in which to appear; and if he appears, he is heard in the interior of the place of the sittings of the Council of Ancients. 228 CONSTITUTION OF THE YEAR III 121. Whether the accused be present or not, the Council of Ancients, after this period, and after 'having dehberated in the forms prescribed by article 91, pronounces the accusation if there is occasion and sends the accused before the High Court of Justice, which is required to proceed with the trial without any delay. 122. All discussion in either Council relative to complaint against or accusation of a member of the Legislative Body takes place in committee of the whole. Every decision upon the same matters is taken by roll call and secret ballot. 123. Accusation pronounced against a member of the Legislative Body entails suspension. If he is acquitted by the judgment of the High Court of Justice he resumes his functions. Relations of the Two Councils between Themselves. 124. When the two Councils are definitively constituted they give notice thereof reciprocally by a messenger of state. 125. Each Council appoints four messengers of state for its service. 126. They carry the laws and acts of the Legislative Body to each of the Councils and to the Executive Directory; they have entrance for that purpose into the place of the sit- tings of the Executive Directory. They go preceded by two ushers. 127. Neither of the two Councils can adjourn beyond five days without the consent of the other. Promulgation of the Laws. 128. The Executive Directory causes the laws and other acts of the Legislative Body to be sealed and published within two days after their reception. 129. It causes to be sealed and promulgated, within a day, the laws and acts of the Legislative Body which are preceded by a decree of urgency. 130. The publication of the law and the acts of the Legis- lative Body is prescribed in the following form : "In the name of the French Reptihlic {law) or {act of the Legislative Body) . . .the Directory orders that the above law or legislative act shall be published, executed, and that it shall be provided with the seal of the Republic.'' CONSTITUTION OF THE YEAR III 229 131. Laws whose preambles do not attest the observation of the forms prescribed by articles 77 and 91 cannot be pro- mulgated by the Executive Directory, and its responsibility in this respect lasts six years. Laws are excepted for which the act of urgency has been approved by the Council of Ancients. TITLE VI. EXECUTIVE POWER. 132. The executive power is delegated to a Directory of five members appointed by the Legislative Body performing then the functions of an electoral body in the name of the nation. 133. The Council of the Five Hundred form by secret ballot a list of ten times the number of the members of the Directory to be appointed and present it to the Council of Ancients, who choose, also by secret ballot, within this list. 134. The members of the Directory shall be at least forty years of age. 135. They can be taken only from among the citizens who have been members of the Legislative Body or ministers. The provision of the present article shall be observed only commencing with the ninth year of the Republic. 136. Counting from the first day of the Year V. of the Republic the members of the Legislative Body cannot be. elect- ed members of the Directory or ministers, either during the continuance of their legislative functions or during the first year after the expirations of these same functions. 137. The Directory is renewed in part by the election ofi one new member each year. ' During the first four years the lot shall decide upon the or- der of retirement of those who shall have been appointed for the first time. 138. None of the retiring members can be re-elected until after an interval of five years. 139. The ancestor and the descendant in the direct line, brothers, uncle and nephew, cousins of the first degree, and those related by marriage in these various degrees, can- not be at the same time members of the Directory nor can they succeed them until after an interval of five years. 140. In case of the removal of one of the members of the Directory by death, resignation, or otherwise, his successor is 230 CONSTITUTION OF THE YEAE III elected by the Legislative Body within ten days at the latest. The Council of the Five Hundred is required to propose the candidates within the first five days and the Council of Ancients shall complete the election within the last five days. The new member is elected only for the term of office which remained to the one whom he replaces. Nevertheless, if this time does not exceed six months, the one who is elected remains in office until the end of the fifth year following. , 141. Each member of the Directory presides over it in his turn for three motiths only. The president has the signature and the keeping of the seal. The laws and the acts of the Legislative Body are ad- dressed to the Directory in the person of its president. 142. The Executive Directory cannot deliberate if there are not at least three members present. 143. It chooses for itself outside of its own body a secre- tary who countersigns the despatches and records the transac- tions in a register where each member has the right to cause to be inscribed his opinion with his motives. The Directory can, when it thinks expedient, deliberate without the presence of its secretary; in this case the trans- actions are recorded in a special register by one of the mem- bers of the Directory. 144. The Directory provides, according to the laws, for the external and internal security of the Republic. It can issue proclamations in conformity with the laws and for their execution. It disposes of the armed force, without the Directory col- lectively or any of its members being able in any case to com- mand them during the time of their functions or during the two years which immediately follow the expiration of these same functions. 14s. If the Directory is informed that some conspiracy is being plotted against the external or internal security of the State, it can issue warrants of apprehension and arrest against those who are presumed to be the authors or the accomplices thereof ; it can question them : but it is required under the penalties provided for the crime of arbitrary imprisonment to CONSTITUTION OF THE YBAE III 23I send them into the presence of the police officer within the period of two days in order to proceed according to the laws. 146. The Directory appoints the Generals-m-Chief ; it can- not choose them from among the blood or marriage relations of its members within the degrees expressed in article 139. 147. It supervises and secures the execution of the laws in the administrations and tribunals by commissioners of its ap- pointment. 148. It appoints, from outside of its own body, the min- isters and dismisses them when it thinks expedient. It cannot choose those under the age of thirty years, nor from among the blood or marriage relations of its members within the degrees set forth in article 139. 149. The ministers correspond directly with the author- ities who are subordinate to them. 150. The Legislative Body determines the prerogatives and the number of the ministers. This number is from six at the least to eight at the most. 151. The ministers do not form a council. 152. The ministers are individually responsible for the non-execution of the laws as well as for the non-execution of the orders of the Directory. 153. The Directory appoints the receiver jf direct taxes of each department. 154. It appoints the superintendents in chief for the ad- ministrations of the indirect taxes and for the administration of the national lands. 15s. All the public functionaries in the French colonies, except the departments of the islands of France and Reunion, shall be appointed by the Directory until the peace. 156. The Legislative Body can authorise the Directory to send into any of the French colonies, according to the need of the case, one or several special agents appointed by it for a limited time. The special agents shall exercise the same functions as the Directory and shall be subordinate to it. 157. No member of the Directory can leave the soil of the Republic until two years after the cessation of his functions. 158. He is required during that interval to furnish to the Legislative Body proofs of his residence. Article 112 and the following to article 123 inclusive, rel- 232 CONSTITUTION OF THE YEAR III ative to the guarantee of the Legislative Body, are common to the members of the Directory. 159. In the case where more than two of the Directory may be put on trial the Legislative Body shall provide in the usual forms for their provisional replacement during the trial. 160. Outside of the cases of articles 119 and 120 the Di- rectory or any of its members cannot be summoned by the Council of the Five Hundred nor by the Council of Ancients. 161. The reports and explanations called for by either of the Councils are furnished in writing. 162. The Directory is required to present to both Councils each year in writing a statement of the expenses, the situ- ation of the finances, and the list of the existing pensions, as well as a project for those which it believes ought to be estab- lished. It shall indicate the abuses which have come to its knowl- edge. 163. The Directory can at Jny time in writing invite the Council of the Five Hundred to take a subject into consider- ation; it can propose measures to it, but not drawn up in the form of projects of law. 164. No member of the Directory can be absent more than five days nor go away beyond four myriameters (eight common leagues) from the place of the residence of the Di- rectory without the authorisation of the Legislative Body. 165. The members of the Directory, when engaged in the exercise of their functions, whether upon the outside or with- in the interior of their residences, can appear only in the costume which is appropriate for them. 166. The Directory has its guard, paid and clothed at the expense of the Republic, composed of one hundred and twen- ty infantry and one hundred and twenty cavalry. 167. The Directory is accompanied by its guard in the public ceremonies and processions, where it has always the first rank. 168. Each member of the Directory when abroad is ac- companied by two guards. 169. Every army post owes to the Directory and to each of its members the higher military honors. CONSTITUTION OF THE YEAR III 233 170. The Directory has four messengers of state whom it appoints and whom it can dismiss. They carry to the two legislative Councils the letters and memoirs of the Directory; they have entrance for that purpose into the place of the sittings of the legislative Councils. They go preceded by twO' ushers. 171. The Directory resides in the same commune as the Legislative Body. 172. The members of the Directory are lodged at the ex- pense of the Republic and in a single edifice. 173. The compensation of each of them for each year is fixed at the value of fifty thousand myriagrammes of wheat Cten thousand two hundred and twenty-two quintals) . TITLE VII. ADMINISTRATIVE AND MUNICIPAL BODIES. 174. There is in each department a central administration and in each canton at least one municipal administration. 175. Every member of a department or municipal ad- ministration shall be at least twenty-five years of age. 176. The ancestor and tlie descendant in the direct line, brothers, uncle and nephew, and those related by marriage in the same degrees, cannot be at the same time members of the same administration, nor can they succeed them until after an interval of two years. 177. Each department administration is composed of five members ; it is renewed by a fifth each year. 178. Every commune whose population runs from five thousand to a hundred thousand inhabitants has a municipal administration of its own. 179. There are'in every commune whose population is less than five thousand inhabitants a municipal agent and an as- sistant. 180. The body of municipal agents of each commune forms the municipality of each canton. 181. There is, moreover, chosen in every canton a presi- dent of the municipal administration. 182. In the communes whose population runs from five to ten thousand inhabitants there are five municipal officers ; Seven for ten thousand to fifty thousand; Nine for fifty thousand to one hundred thousand. 183. In the communes whose population exceeds one 234 CONSTITUTION OF THE YBAE III hundred thousand there are at least three municipal admin- istrations. In these communes the division of the municipalities is made in such a manner that the population of the district of each does not exceed fifty thousand persons and is not less th'i.n thirty thousand. The municipality of each district is composed of seven members. 184. There is, in the communes which are divided into sev- eral municipalities, a central bureau for the subjects consid- ered indivisible by the Legislative Body. This bureau is composed of three members appointed by the department administration and confirmed by the executive power. 185. The members of every municipal administration are appointed for two years and renewed each year by half or the part nearest a half, and by the larger and the smaller fraction alternately. 186. The department administrators and the members of the municipal administrations can be re-elected once without an interval. 187. Any citizen who has been elected department admin- istrator or member of a municipal administration twice in succession and who has discharged the duties in virtue of both elections cannot be elected again until after an interval of two years. 188. In case a department or municipal administration should lose one or several of its members by death, resigna- tion, or otherwise, the remaining administrators in filling the places can add to themselves temporary administrators who act in that capacity until the following elections. 189. The department and municipal administrators can- not alter the acts of the Legislative Body nor those of the Executive Directory, nor suspend the execution of them. They cannot meddle with matters belonging to the judic- ial body. 190. The administrators are particularly charged with the apportionment of the direct taxes and with surveillance over the monies accruing from the public revenues in their terri- tory. CONSTITUTION OP THE YEAR III 235 The Legislative Body determines the regulations and the method of their functions upon these subjects as well as upon other parts of the internal administration. 191. The Executive Directory appoints over each depart- ment and municipal administration a commissioner whom it recalls when it deems expedient. This commissioner watches over and requires the execu- tion of the laws. 192. The commissioner for each local admmistration shall be taken from among the citizens domiciled for a year past in the department where that administration is established. He must be at least twenty-five years of age. 193. The municipal ladministrations are subordinate to the department administrations and these to the ministers. In consequence, the ministers can annul, each on his part, the acts of the department administrations, and these the acts of the municipal ndministrations, when these acts are contrary to the laws or the orders of the higher authorities. 194. The ministers can also suspend the department ad- ministrations which have contravened the laws or the orders of the higher authorities, and the department administrators have the same right with respect to the members of the muni- cipal administrations. 195. No suspension or annulment becomes definitive with- out the formal confirmation of the Executive Directory. 196. The Directory can also annul directly the acts of de- partment or municipal administrations. It can also suspend or dismiss directly when it thinks necessary either the department or the canton administrators and send them before the tribunals of the department when there is occasion. 197. Every order providing for the annulment of acts, sus- pension, or dismissal of an administrator must include a state- ment of the reasons. 198. When five members of a department administration are dismissed the Executive Directory provides for their re- placement until the following election; but it can choose their substitutes only from among the former administrators of the same department. 199. The administrations, whether department or canton, can correspond among themselves only upon the matters as- 236 CONSTITUTION OF, THE TEAR III signed to them by the law and not upon the general interests of the Republic. 200. Every administration shall annually render an ac- count of its management. The reports rendered by the department administrations are to be printed. 201. All the acts of the administrative bodies are made public by the deposit of the register wherein they are recorded, which is open to all persons under the administration. This register is closed every six months and is deposited only from the day that it has been closed. The Legislative Body can postpone, according to circum- stances, the day fixed for this deposit. TITLE VIII. JUDICIAL POWER. General Provisions. 202. The judicial functions cannot be exercised by the Legislative Body nor by the executive power. 203. The judges cannot interfere in the exercise of the legislative power nor make any regulation. They cannot stop or suspend the execution of any law nor cite before them the administrators on account of their func- tions. 204. No one can be deprived of the judges that the law assigns to him by any commission nor by other authorities than those which are fixed by a prior law. 205. Justice is rendered gratuitously. 206. The judges cannot be dismissed except for legally pronounced forfeiture, nor suspended except by an accepted accusation. 207. The ancestor and the descendant in the direct line, brothers, uncle and nephew, cousins of the first degree, and those related by marriage in these various degrees, cannot be atithe same time members of the same tribunal. 208. The sittings of the tribunals are public ; the judges deliberate in secret; the judgments are pronounced orally; they include a statement of reasons and in them is set forth the terms of the law applied. 209. No citizen, unless he is fully thirty years of age, can be elected judge of a department tribunal, or justice of the peacer^ir assessor of a justice of the peace, or judge of a tri- CONSTITUTION OF THE YEAR III 237 bunal of commerce, or member of the tribunal of cassation, or juror, or commissioner of the Executive Directory before the tribunals. Of Civil Justice. 210. The right to have differences passed upon by arbitra- tors chosen by the parties cannot be impaired. 2TI. The decision of these arbitrators is without appeal and without recourse in cassation, unless the parties have expressly reserved it. 212. There are in each district fixed by law a justice of the peace and his assessors. They are all elected for two years and can be immediately and indefinitely re-elected. 213. The law determines the matters over which the jus- tices of the peace and the assessors have jurisdiction in the last resort. It assigns to (hem the others over which they pronounce judgment subject to appeal. 214. There are special tribunals for land and maritime commerce; the law fixes the places where it is permissible to establish them. Their power to pronounce judgment in the last resort can- not be extended beyond the value of five hundred myriagrams of wheat (a hundred and two quintals, twenty-two pounds). 215. Cases of which the trial belongs neither to the justices of the peace nor to the tribunals of commerce, either in the last resort or subject to appeal, are brought directly before the justice of the peace and his assessors in order to be conciliated. If the justice of the peace cannot conciliate them, he sends them before the civil tribunal. 216. There is one civil tribunal per department. Each civil tribunal is composed of twenty judges at least, one commissioner and one substitute appointed and removable by the Executive Directory, and one recorder. The election of all the members of a tribunal takes place every five years. The judges can be re-elected. 217. At the time of the election of the judges five substi- tutes are selected, three of whom _are taken from among the 238 CONSTITUTION OP THE YEAR III citizens residing in the commune where the tribunal sits. 218. The civil tribunal pronounces in the last resort, in the cases determined by law, upon appeals from judgments, either of the justices of the peace, or of the arbitrators, or of the tribunals of commerce. 219. The appeal from the judgments pronounced by the civil tribunal goes to the civil tribunal of one of the three nearest departments, as is determined by law. 220. The civil tribunal is divided into sections. A section with less than five judges cannot pronounce judgment. 221. The assembled judges in each tribunal select among themselves by secret ballot the president of each section. Of Correctional and Criminal Justice. 222. No one can be seized except in order to be brought before the officer of police; and no one can be put under ar- rest or detained except in virtue of a warrant of arrest from the officers of police or from the Executive Directory, in the case of article 145, or an order of arrest either from a tribunal or the foreman of the jury of accusation, or of a decree of ac- cusation from the Legislative Body in the case where it has authority to pronounce, or of a judicial judgment of con- demnation to prison or correctional detention. 223. In order that the warrant which orders the arrest may be executed, it is necessary : 1st. That it set forth formally the cause for the arrest and the law in conformity with which it is ordered; 2d. That it has been made known to the one who is the subject of it and that he has been left a copy thereof. 224. Every person seized and broug'ht before the officer of police shall be examined immediately or within a day at the latest. 225. If the examination discloses that there is no matter for inculpation against him, he shall be put at liberty at once; or, if there is occasion to send him to jail, he shall be brought there within the shortest period possible, which in any case shall not exceed three days. 226. No arrested person can be detained, if be gives suf- ficient bail, in any of the cases where the law permits him to remain free under bail. CONSTITUTION OF THE YEAR III 239 227. No person, in a case in which his detention is author- ised by the law, can be brought to or detained except in the places legally and publicly designated to serve for jails, court houses, or houses of detention. 228. No custodian or jailer can receive or retain any person except in virtue of a warrant of arrest according to the forms prescribed by articles 222 and 223, an order for the tak- ing of the body, a decree of accusation, or a judicial decision of condemnation to prison or correctional detention, and un- less the transcript of it has been entered upon his register. 229. Every custodian or jailer is required, without any or- der being able to dispense therewith, to present the detained person to the civil officer having the police of the house of detention, whenever he shall be so required by that officer. 2.30. Production of the detained person cannot be refused to his relatives and friends who are bearers of an order of the civil officer, who shall always be required to accord it, unless the custodian or jailer presents an order of the judge, tran- scribed upon his register, to keep the arrested person in secret. 231. Any man, whatever his place or employment, other than those to whom the law has given the right of arrest, who shall give, sign, execute or cause to be executed an order for the arrest of any person, or whoever, even in the case of an arrest authorised by the law, shall bring to, receive, or detain a person in a place of detention not publicly and legally desig- nated, and all custodians or jailers who shall contravene the provisions of the three preceding articles, shall be guilty of the crime of arbitrary imprisonment. 232. All severities employed in arrests, detentions, or ex- ecutions, other than those prescribed by the law, are crimes. 233. In each department there are at least three and not more than six correctional tribunals for the trial of offences for which the punishment is neither afflictive nor infamous. These tribunals cannot pronounce penalties more severe than imprisonment for two years. Jurisdiction over offences for which the penalty does not exceed the value of three days of labor or imprisonment for three days is delegated to the justice of the peace, who pro- nounces in the last resort. 234. Each correctional tribunal is composed of a president, two justices of the peace or assessors of justices of the peace 240 CONSTITUTION OF THE YEAR III of the commune where it is established, a commissioner of the executive power, and a recorder. 235. The president of each correctional tribunal is taken every six months and in turn from among the members of the sections of the civil tribunal of the department, the presi- dents excepted. 236. There is an appeal from the judgment of the correc- tional tribunal before the department criminal tribunal. 237. In the matter of offences involving afflictive or in- famous punishment, no person can be tried except upon an ac- cusation accepted by the jurors or decreed by the Legislative Body, in case it belongs to that body to decree accusation. 238. A first jury declares whether the accusation ought to be accepted or rejected: the facts are passed upon by a second jury, and the penalty fixed by the law is applied by the crim- inal tribunals. 239. The jurors vote only by secret ballot. 240. There are in each department as many accusation juries as there are correctional tribunals. The presidents of the correctional tribunals are the fore- men thereof, each in his own district. In the communes of over fifty thousand souls there can be established by law, besides the president of the correctional tribunal, as many foremen of accusation juries as the transac- tion of business shall require. 241. The functions of commissioner of the executive power and recorder for the foreman of the accusation jury are dis- charged by the commissioner and recorder of the correctional tribunal. 242. Each foreman of the accusation jury has the immedi- ate surveillance ov.er all the police officers of his district. 243. The foreman of the accusation jury as police officer, on account of the denunciations made to him by the public accuser, whether ex-officio or in accordance with the orders of the Executive Directory, immediately prosecutes : 1st. Attempts against the liberty or personal security of the citizens ; 2d. Those committed against the laws of nations ; 3d. Resistance to the execution of the judicial decisions or any of the executive acts emanating from the constituted au- thorities ; CONSTITUTION OF. THE YEAE III 241 4th. Disturbances caused and assaults committed in order to hinder the collection of tr.xes and the free circulation of provisions and other articles of commerce. 244. There is one criminal tribunal for each department. 245. The criminal tribunal is composed of a president, a pubhc accuser, four judges taken from the civil tribunal, the commissioner of the executive power before the tribunal or his substitute, and a recorder. There is in the criminal tribunal of the department of the Seine a vice-president and a substitute for the public accuser : this tribunal is divided into two sections ; eight members of the. civil tribunal discharge there the duties of judges. 246. The presidents of the sections of the civil tribunals cannot fill the positions of judges upon the criminal tribunal. 247. The other judges, each in his turn for six months in the order of his appointment, perform their duty there and they cannot discharge any functions in the civil tribunal during that time. 248. The public accuser is charged : 1st. To prosecute the offences according to the warrants of accusation accepted by the first juries; 2d. To transmit to the police officers the denunciations which are addressed directly to him ; 3d. To watch over the police officers of the department and to proceed against them, according to the law, in cases of neg- ligence or more serious acts. 249. The commissioner of the executive, power is charged: 1st. To require regularity of forms in the course of the pro- ceedings before the decision, and the application of the law. 2d. To obtain the execution of the decisions rendered by the criminal tribunal. 250. The judges cannot propound to the jurors any com- plex question. 251. The trial jury consists of at least twelve jurors: the accused has the right to reject the number of them which the law determines. 252. The proceedings before the trial jury are public and the accused cannot be denied the assistance of counsel whom he has chosen or who has been selected for him ex-officio. 253. No person acquitted by a legal jury can be re-arrested or accused for the same offence. 242 CONSTITUTION OP THE YEAR III Tribunal of Cassation. 254. There is in the whole Republic one Tribunal of Cas- sation. It decides : I St. Upon the petitions in cassation against the judicial de- cisions in the last resort rendered by the tribunals ; 2d. Upon petitions for removal from one court to another on account of legitimate suspicion or public security; 3d. Upon the orders of judges and the complaints of par- tiality of a whole court. 255. The Tribunal of Cassation can never have jurisdic- tion over the matter of the actions ; but it reverses the judg- ments rendered upon proceedings in which the forms have been violated or which contain any express contravention of the law, and it sends back the matter of the suit to the tribunal which shall have jurisdiction therein. 256. When after one cassation the second judgment upon the matter is attacked by the same means as the first, the ques- tion cannot be discussed again before the Tribunal of Cas- sation without having been submitted to the Legislative Body, which provides a law to which the Tribunal of Cassation is re- April 11, 1S03. F. Martens, Traites . Russia, II, 4.33- 448. This treaty presents numerous points of interest. Among those calling for particular notice are: (1) as the basis of the Third Coalition it shows the character of the arrangements by which the coalitions against France were built up; (2) in its stipulations regarding the general peace it foreshadows the meeting of the Con- gress of Vienna and some of Its decisions. Refekences. Fyfte, Modern Europe, I, 278-279 (Popular ed., 187-188); Fournier, Napoleon, 293-297; Rose, Napoleon, II, 7-8; Lanfrey, Napoleon, III, 4-8 ; Lavisse and Rambaud, Histoire Gen- erate, IX, 94-95. In the name of the most holy and indivisible Trinity, His Majesty the Emperor of all the Russias and His Maj- esty the King of the United Kingdom of Great Britain and Ireland, animated by the desire to secure for Europe the peace, independence and well being of which it is deprived through the unmeasured ambition of the French Government and the degree of influence out of all proportion which it tends to arrogate to itself, have resolved to employ all the means which are in their power, in order to obtain this sal- utary aim and to prevent the renewal of such distressing cir- cumstances, and in consequence they have appointed to arrange and agree to the measures which their magnanimous inten- tions demand. . I. As the state of suffering in which Europe finds itself demands prompt remedies, their Majesties the" Emperor of all the Russias and the King of the United Kingdom of Great Britain and Ireland have agreed to consult upon the means of causing its cessation, without waiting for the case of further encroachments on the part of the French Govern- BRITISH AND RfSSIAN TREATY 373 ment. They have agreed, in consequence, to employ the most prompt and efficacious measures in order to form a general league of the States of Europe, and to bind them to accede to the present concert and to gather, for the purpose of fulfill- ing the aim, a force which, independent of that which His Britannic Majesty shall furnish, shall amount to 500,000 effective men and to employ them with energy in order to bring the French Government by inclination or by force to assent to the re-establishment of the peace and the equilibrium of Europe. 2. This league shall have for its aim the accomplishment of that which is proposed by the present concert, to wit : A. The evacuation of the country of Hanover and of the North of Germany. B. The establishment of the independence of the republics of Holland and Switzerland. C. The re-establishment of the King of Sardinia in Pied- mont, with an enlargement as considerable as circumstances will permit. D. The future security of the Kingdom of Naples and the entire evacuation of Italy, including therein the Island of Elba, by the French forces. E. The est^ablishment of an order of things which guar- antees effectively the security and independence of the differ- ent states and presents a solid barrier against future usurpa- tions. 3. His Britannic Majesty, in order to co-operate effectively on his side for the happy purposes of the present concert, agrees to contribute to the common efforts by the employment of his land and sea forces, including his vessels suitable for the transport of troops, according to what shall be determined upon in this respect in the general plan of operations. He will aid, besides, the different Powers which shall accede hereto by subsidies, the amount of which shall correspond to the respective forces which it is decided to employ; and in order that these pecuniary aids may be apportioned m the manner most suitable for the general welfare, and to assist the Powers in the measure of the efforts which they shall make to contribute to the common success, it is agreed, that these subsidies shall be furnished (except by special ar- 374 BRITISH AND RUSSIAN TREATY rangements) in the proportion of 1,250,000 pounds sterling per annum for each hundred thousand men of regular troops and thus in proportion for a greater or less number, payable under the conditions specified below. 6. Their Majesties agree that in case a league is formed such as has been specified in article I, they will not make peace with France except with the consent of all the Powers which shall be parties in the said league, and in case the con- tinental Powers shall not recall their forces until the peace, His Britannic Majesty agrees to continue the payment of the subsidies for the entire duration of the war. Separate Articles. 3. The High Contracting Parties are agreed that it enters into the aim of the present Concert to procure for Holland and for Switzerland, according to circumstances, suitable en- largements, such as the former Austrian Low Countries in whole or in part for the first and Geneva and Savoy for the second. They likewise agree that the arrangements which shall he made as the result of the war shall include in favor of Aus- tria an augmentation of territory, isuch as is stipulated for it by its convention with the Emperor of all the Russias, and in favor of other States which may co-operate in the aim of the present Concert acquisitions proportioned to their efforts for the common cause and compatible with the equilibrium of Europe. 6. Mis Majesty the Emperor of all the Russias and His Majesty the King of the United Kingdom of Great Britain and Ireland, having been induced to establish an energetic concert between themselves only with a view to assure to Europe a stable and solid peace founded upon the principles of justice, equity and international law, which are constantly guiding them, have recognized the necessity of agreeing even at present upon various principles which they shall bring for- ward according to a previous agreement as soon as the for- tunes of war shall furnish the necessity therefor. TREATY OF PRESSBDRG 375 These principles are, not to interfere in any manner with the national will in France relative to the form of the Gov- ernment, nor in the other countries in which the combined armies may come to act; not to appropriate in advance of the peace any of the conquests which may be made by one or the other of the belligerent parties, and to take possession of the cities and territories which may be wrested from the common enemy only in the name of the Country or State to which they belong by recognized right and in every other case in the name of all the members of the league. Finally, to assemble at the end of the war a general con- gress, in order to discuss and settle upon the most precise foundations, what unfortunately has not been possible until now, the precepts of international law, and to assure the ob- servance of them by the establishment of a federative system based upon the situation of the different States of Europe. 74. Treaty cf Pressburg. December 20, 1805 (5 Nivose, Year XIV). De Clercq, Traites, II, 145-151. Austria became a member of the Third Coalition upon the terms outlined in No. 73. Ulm and Austerlitz forced her to with- draw and to accept the terms granted by Napoleon in this treaty. It should be compared with the treaties of Campo Formio and LunSville (Xos. 55 and 62), and the altered position in which it left Austria should be carefully noted. Repekences. Fyffe, Modern Europe, I, 299-300, 307-308 (Pop- ular ed., 201-202, 206-207) ; Fournier, Napoleon, 318-324 ; Rose, Napoleon, II, 41-46 ; Sloanc, Napoleon, II, 251-252 ; Lanfrey, Na- poUon, III, 101-106 ; Lavisse and Rambaud, Histoire Generale, IX, 101-102. Maps. Putzger, Jlistoriseher Schvl-Atlas, 26 ; Schrader, Atlas de Geo(jraplne Historique, 48 ; Vidal-Lablaehe, Atlas General, 41. His Majesty the Emperor of the French, King of Italy, and His Majesty the Emperor of Germany and of Austria, equally prompted by the desire to put an end to the calamities of the war, have resolved to proceed without delay to the conclusion of a definitive treaty of peace. . 376 TREATY OP PRESSBURG 1. There shall be, dating from this day, peace and amity between His Majesty the Emperor of Germany and of Austria and His Majesty the Emperor of the French, King of Italy, their heirs and successors, their respective States and subjects, forever. 2. France shall continue to possess in complete ownership and sovereignty the Duchies, Principalities, Lordships and territories beyond the Alps, which were, prior to the present Treaty, united or incorporated with the French Empire, or ruled by French Laws and Administrations. 4. His Majesty the Emperor of Germany and of Austria renounces, as well for himself as for his heirs and successors, the portion of the States of the Republic of Venice ceded by him in the Treaties of Campo Formic and Luneville, which shall be united forever with the Kingdom of Italy. 5. His Majesty the Emperor of Germany and of Austria recognizes His Majesty the Emperor of the French as King of Italy. But it is agreed that, in conformity with the declar- ation made by His Majesty the Emperor of the French at the time when he took the Crown of Italy, as soon as the Powers named in that declaration shall have fulfilled the con- ditions which are there set forth, the Crowns of France and of Italy shall be separated forever, and they can no longer in any case be united upon the same head. His Majesty the Emperor of Germany and of Austria binds himself to recog- nize, at the time of the separation, the successor whom His Majesty the Emperor of the French shall give himself as King of Italy. 6. The present Treaty of peace is declared common to their Most Serene Highnesses the Electors of Bavaria, Wur- temburg, and Baden, and to the Batavian Republic, allies in the present war of His Majesty the Emperor of the French, King of Italy. 7. The Eleclors of Bavaria and of Wurtemburg having taken the title of King, without however ceasing to belong to the Germanic Confederation, His Majesty the Emperor of Germany and of Austria recognizes them in that capacity. 8. His Majesty the Emperor of Germany and of Austria, both for himself, his heirs and successors, and for the Princes TEBATY OF PEESSBURG 377 of his House, their respective heirs and successors, renounces the Principalities, Lordships, Domains and territories herein- after designated : Cedes and abandons to His Majesty the King of Bavaria, the Margravate of Burgau and its dependencies, the Princi- pality of Eichstadt, the portion of the territory of Passau belonging to His Royal Highness the Elector of Salzburg, and situated between Bohemia, Austria, the Danube and the Inn; the county of Tyrol, including the Principalities of Brixen and Trent; the Seven Lordships of Vorarlburg with their enclaves; the County of Hohenems, the County of Konigsegg-Rothenfels, the Lordships of Tettnang and Argen, and the city and territory of Lindau. To His Majesty the King of Wurtemburg, the five so- called cities of the Danube, lo wit : Ehingen, Munder-kingen, Riedlingen, Mengen, and Sulgen, with their dependencies ; the Upper and Lower County of Hohenberg; the Landgravate of Nellenbourg and the Prefecture of Altorf, with their de- pendencies (the city of Constance excepted) ; the portion of Brisgau constituting an enclave within the Wurtemburg pos- sessions and ■ situated to the east of a line drawn from Schlegelberg to Molbach, and the cities and territories of Willingen and Brentingen. To His Serene Highness the Elector of Baden, the Bris- gau (with the exception of the enclave and the separate por- tions above designated), the Ortenau and their dependencies, the city of Constance and the commandery of Meinau. The Principalities, Lordships, domains and territories above said shall be possessed respectively by their Majesties the Kings of Bavaria and of Wurtemburg and by His Serene Highness the Elector of Baden, whether in suzerainty or in complete ownership and sovereignty, in the same manner, with the same titles, rights, and prerogatives as they were possessed by His Majesty the Emperor of Germany and of Austria, or the Princes of His House, and not otherwise. 10. The countries of Salzburg and Berechtesgaden belong- ing to His Royal and Excellent Highness the Archduke Fer- dinand shall be incorporated in the Empire of Austria; and His Majesty the Emperor of Germany and of Austria shall 378 KINGDOM OF NAPLES possess them in complete ownership and sovereignty, but with the title of Duchy only. II. His Majesty the Emperor of the French, King of Italy, engages to obtain in favor of His Royal Highness the Arch- duke Ferdinand, Elector of Salzburg, the cession, by His Majesty the King of Bavaria, of the Principality of Wiirzburg, as it was given to his Majesty by the reces of the Dep- utation of the Germanic Empire of February 25, 1803. . . . 15. His Majesty the Emperor of Germany and of Austria, as well for himself, his heirs and successors, as for the Princes of his House, their heirs and successors, renounces without exception all rights, whether of Sovereignty or of Suzerainty, all claims whatsoever, present or contingent, upon all the States of their Majesties the Kings of Bavaria and Wurtem- burg and His Serene Highness the Elector of Baden, and generally upon all the States, domains and territories included in the circles of Bavaria, Franconia and Swabia, as well as every title taken from the said domains and territories ; and reciprocally all present or contingent claims of the said States at the expense of the House of Austria or of its Princes are and shall remain extinguished forever : 17. His Majesty the Emperor Napoleon guarantees the integrity of the Empire of Austria in the condition wherein it shall be in consequence of the present Treaty of peace, like- wise the integrity of the possessions of the Princes of the House of Austria designated in the eleventh and twelfth ar- ticles. Separate Article. There shall be paid by His Majesty the Emperor of Ger- many and of Austria, for redemption of all the contributions imposed upon the different hereditary States occupied by the French army and not yet collected, a sum of forty million francs (metallic value) 75. Documents upon Napoleon and the Kingdom of Naples. These documents show the manner and official justification of KINGDOM OF NAPLES 3-,, the transfer of the Neapolitan crown from its Bourbon sovereign to Josepl] Bonaparte. This event was the iirst of a series by which the Grand Empire was created. Something of the conception of this empire can be learned from document B. Eefbkences. Fytte, Modern Europe, I, 300-303 (Popular ed., 202-204) ; Fournier, Sapoleon, 327-329 ; Rose, Napoleon, II, 56- 59 ; Sloane, Napoleon, II, 255-256 ; Lanfrey, Napoleon, III 100- lOS. A. Proclamation to the Army. December 30, 1805. Mon- iteur, February i, 1806. At my Imperiai Camp at Schoenbrunn, 6 Nivose, Year XIV (December 30, 1805). Soldiers, For ten years past I have done everything to save the King of Naples ; he has done everything to ruin himself. After the battles of Dego, Mondovi and Lodi he could oppose to me only a feeble resistance. I trusted the words of that prince and was generous towards him. When the second coalition was dissolved at Marengo, the King of Naples, who had first cominenced that unjust war, abandoned at Luneville by his allies, remained alone and with- out defence. He implored me; I pardoned him a second time. A few months ago you were at the gates of Naples. I had plenty of legitimate reasons to suspect the treason which was meditated and to avenge the outrages which had been committed. I was again generous. I recognized the neutral- ity of Naples ; I ordered you to evacuate that kingdom ; and for the third time the House of Naples was saved and strengthened. Shall we pardon a fourth time? shall we confide for a fourth time in a heart without faith, without honor, and with- out reason ? No ! no ! the dynasty of Naples has ceased to reign ; its existence is incompatible with the repose of Europe and the honor of my crown. Soldiers, march ; cast into the waves, supposing that they await you, those debilitated battalions of the tyrant of the seas. Show to the world in what manner we punish per- jurers. Be not slow to understand that all Italy is subject to my laws or to those of mv allies ; that the most beautiful country of the world is liberated from the yoke of the most 38o KINGDOM OP NAPLES perfidious men; that the sanctity of treaties is avenged, and that the manes of my brave soldiers butchered in the harbors of Sicily on their return from Egypt, after having escaped the perils of shipwreck, of the deserts, and of a hundred bat- tles, are at length appeased. Soldiers, my brother will march at your head; he knows my plans; he is the depository of my authority; he has my entire confidence ; encompass him with yours. Napoleon. B. Imperial Decree making Joseph Bonaparte King of Naples. March 30, 1806. Duvergier, Lois, XV., 323. Napoleon, by the grace of God and the Constitutions, Em- peror of the French, and King of Italy, to all those to whom these presents shall come, greeting. The interests of our people, the honor of our crown, and the tranquility of the continent of Europe, requiring that we should assure in a stable and definitive manner the fate of the peoples of Naples and of Sicily, who have fallen into our power by the right of conquest, and who moreover make up part of the Grand Empire, we have declared and do declare by these presents that we recognize as King of Naples and o'f Sicily our well beloved brother Joseph Napoleon, grand elec- tor of France. That crown shall be hereditary, by order of primogeniture, in his masculine, legitimate and natural lin- eage. Should his said lineage become extinct, which God forbid, we intend to call thereto our legitimate and natural male children, by order of primogeniture, and in default of our legitimate and natural male children, those of our brother Louis and his masculine, legitimate and natural lineage, by order of primogeniture ; reserving to ourselves, if our brother Joseph Napoleon should die during our lifetime, without leav- ing legitimate and natural male children, the right to designate for the succession to the said crown a prince of our house, or even to call thereto an adopted child, according as we shall judge expedient for the interest of our peoples and for the ad- vantage of the grand system which Divine Providence has destined us to establish. We institute in the said Kingdom of Naples and of Sicily six grand fiefs of the Empire, with the title of duchy and with the same advantages and prerogatives as those which TREATY BETWEEN FRANCE AND HOLLAND 381 have been instituted in the Venetian provinces united to our crown of Italy, in order that the said duchies may be grand fiefs of tlie Empire forever, appointments thereto, if there is occasion, falling to us or our successors. All the details of the formation of the said fiefs are remitted to the care of our said brother Joseph Napoleon. We reserve from the said Kingdom of Naples and of Sicily the disposal of one million of income, in order to be distributed to the generals, officers and soldiers of our army, who have rendered the most services to the fatherland and the throne, and whom we shall designate for that purpose, under the express condition of the said generals, officers and soldiers not having power before the expiration of ten years to sell or alienate the said incomes, except with our author- isation. The King of Naples shall be forever a grand dignitary of the Empire, under the title of grand elector; reserving to ourselves, however, when we shall deem suitable, to create the dignity of prince vice-grand-elector. We intend that the crown of Naples and of Sicily, which we place upon the head of our brother Joseph Napoleon and his descendants, shall not affect injuriously in any manner their rights of succession to the throne of France. But it is likewise within our wish that the crowns of France, Italy, and Naples and Sicily, may never be united upon the same head. 76. Treaty between France and Holland. May 24, 1S06. De Clercq, Traitcs, II, 165-167. The event shown in this document belongs to the series by which the republics dependent upon France were transformed into monarchies and made, in effect if not in name, parts of the Grand Empire. The reasons given for the change and the relationship with France should be particularly noticed. RpFiSRENCES. Fournicr, Napoleon, 331-334 ; Sloane, Napoleon, II, 256 ; Lanfrey, Napoleon, III, 114-116 ; Lavisse and Rambaud, Histoire Oenerale, IX, 488-493. His Imperial and Royal Majesty Napoleon, Emperor of the French, King of Italy, and the Assembly of their High 382 TREATY BETWEEN FRANCE AND HOLLAND Mightinesses representing the Batavian Republic, presided over by His Excellency the Grand Pensionary, accompanied by the Council of State and the Ministers and Secretaries of State, considering: 1st. That in view of the general tendency of opinion and the actual organization of Europe, a Government without stability and certain duration cannot fulfill the aim of its in- stitution ; 2d. That the periodical renewal of the Head of the State will always be in Holland a source of dissensions, and abroad, a constant subject of agitation and discord between the Pow- ers friendly or hostile to Holland ; 3d. That an hereditary government alone can guarantee the tranquil possession of everything which is dear to the peo- ple of Holland, the free exercise of their religion, the preser- vation of their laws, their political independence and their civil liberty; 4th. That the first of their interests is to assure themselves of a powerful protection, under the shelter of which they can freely exercise their industry and maintain themselves in the possession of their territory, their commerce and their colo- nies ; Sth. That France is essentially interested in the welfare of the people of Holland, the prosperity of the State and the stability of their institutions, as well in consideration of the northern frontier of the Empire, open and stripped of fortified places, as under the aspect of the principles and interests of general policy; 1. His Majesty the Emperor of the French, King of Italy, both for himself and for his heirs and successors forever, guarantees to Holland the maintenance of its constitutional rights, its independence, the integrity of its possessions in the two worlds, its political, civil and religious liberty, as it is consecrated by the actually established laws, and the aboli- tion of every privilege in the matter of taxation. 2. Upon the formal request made by their High Might- inesses representing the Batavian Republic, that Prince Louis Napoleon should be appointed and crowned hereditary and constitutional King of Holland, His Majesty defers to this TREATY BETWEEN FRANCE AND HOLLAND 383 opinion and authorises Prince Louis Napoleon to accept the Crown of Holland, to be possessed by him and his natural, legitimate and masculine descendants, by order of primogen- iture, to the perpetual exclusion of women and their descend- ants. In consequence of this authorisation, Prince Louis Napoleon shall possess that crown under the title of King, and with all the power and all the authority which shall be determined by the constitutional laws which the Emperor Napoleon has guar- anteed in the preceding article. Nevertheless, it is declared that the Crowns of France and of Holland can never be united upon the same head. 4. In case of a minority, the regency belongs of right to the queen ; and in her default, the Emperor of the French, in his capacity as perpetual Head of the Imperial Family, ap- points the Regent of the Kingdom ; he chooses from among the Princes of the Royal Family, and, in their default, from among the nationals. The minority of the Kings ends at the age of eighteen completed years. 6. The King of Holland shall be in perpetuity a Grand Dignitary of the Empire, under the title of Grand Constable. 7. The Members of the reigning House of Holland shall remain personally subject to the provisions of the constitu- tional statute of March 30th last, forming the law of the Im- perial Family of France. • 8. The posts and employments of State, other than those appertaining to the personal service of the Palace of the King, shall be conferred only upon nationals. 9. The arms of the King shall be the ancient arms of Hol- land, quartered with the Imperial Eagle of France and sur- mounted by the Royal Crown. 10. There shall be immediately concluded between the Contracting Powers a treaty of commerce, in virtue of which the subjects of Holland shall be treated at all times in the harbors and upon the territory of the French Empire as the most specially favored nation. Paris, this May 24, 1806. 384 THE COXTIXENTAL SYSTEM 77. Documents upon the Continental System. Tlie first five of these documents exhibit the steps whereby the neutral trade of the world was destroyed during the great com- mercial war between France and England. Document F shows a subsequent adjustment of the English system. Document G illus- trates the methods employed by Xapoleon in the application of his system. The idea of conquering England by destroying her com- merce was an old French conception which the Directory had be- gun to apply. Xapoleon resumed the policy at the renewal of the war in 1803 and his measures led to document A. Eefeeexces. The best consecutive account of the whole sys- tem is in Maban, Sea Poicer . . French Revolution, II, 265-3.57. Henry Adams, Hutory of the United States, TV, ClL IV, should be read with reference to documents C and D ; val- uable comment upon the other documents may also be obtained through the index. See also Foumier, Xavoleon, 503-507 ; Bose, 2/apoleon, II, 95-99, 195-206, 215-216 ; Lanfrey, yapoleon. III, 179- 183, 357-358, IV, 269-278. A. British Note to the Neutral Powers. May 16, 1806. American State Papers, Foreign Relations, III, 267. Downing Street, May 16, 1806. The undersigned. His Majesty's principal Secretary of State for Foreign Affairs, has received His Majesty^s com- mands to acquaint ]Mr. Monroe, that the King, taking into consideration the new and extraordinary means resorted to by the enemy for the purpose of distressing the commerce of his subjects, has thought fit to direct that the necessary measures should be taken for the blockade of the coast, rivers and ports, from the river Elbe to the port of Brest, both inclusive; and the said coast, rivers and ports are and must be considered as blockaded; but that His ilajesty is pleased to declare that such blockade shall not extend to prevent neutral ships and vessels laden with goods not being the property of His Maje5t}''5 ene- mies, and not being contraband of war, from approaching the said coast, and entering into and sailing from the said rivers and ports (save and except the coast, rivers and ports from Ostend to the river Seine, already in a state of strict and rigorous blockade, and which are to be considered as so con- tinued), provided the said ships and vessels so approaching and entering (except as aforesaid), shall not have been laden .at any port belonging to or in the possession of any of His THE CONTINENTAL SYSTEM 385 iMajesty's enemies ; and that the said ships and vessels so sailing from said rivers and ports (except as aforesaid) shall not be destined to any port belonging to or in possession of any of His Majesty's enemies, nor have previously broken the blockade. Mr. Monroe is therefore requested to apprise the Ameri- can consuls and merchants residing in England, that the coast, rivers and ports ^ove mentioned, must be considered as be- ing in a state of blockade, and that from this time all the measures authorised by the hw of nations and the respective treaties between His Majesty and the different neutral powers, will be adopted and executed with respect to vessels attempting to violate the said blockade after this notice The undersigned requests Mr. Monroe, etc. C. J. Fox. B. The Berlin Decree. November 21, 1806. Corres- dondaiice de Napoleon I, XIII, 551-557. Translation, James Harvey Robinson, University of Pennsylvania Translations and Reprints. From our Imperial Camp at Berlin, November 21, 1806. Napoleon, Emperor of the French and King of Italy, in consideration of the fact : 1. That England does not recognize the system of inter- national law universally observed by all civilized nations. 2. That she regards as an enemy every individual belong- ing to the enemy's state, and consequently makes prisoners of war not only of the crews of armed ships of war but of the crews of ships of commerce and merchantmen, and even of commercial agents and of merchants traveling on business. 3. That she extends to the vessels and commercial wares and to the property of individuals the right of conquest, which is applicable only to the possessions of the belligerent power. 4. That she extends to unfortified towns and commercial ports, to harbors and the mouths of rivers, the right of blockade, which, in accordance with reason and the customs of all civilized nations, is applicable only to strong places. That she declares places in a state of blockade before which she has not even a single ship of war, although a place may not be blockaded except it be so completely guarded that no 13 386 THE CONTINENTAL SYSTEM attempt to approach it can be made without imminent danger. That she has declared districts in a state of blockade which all her united forces would be unable to blockade, such as entire coasts and the whole of an empire. S- That this monstrous abuse of the right of blockade has no other aim than to prevent communication among the nations and to raise the commerce and the industry of England upon the ruins of that of the continent. 6. That, since this is the obvious aim of England, whoever deals on the continent in English goods, thereby favors and renders himself an accomplice of her designs. 7. That this policy of England, worthy of the earliest stages of barbarism, has profited that power to the detriment of every other nation. 8. That it is a natural right to oppose such arms against an enemy as he makes use of, and to iight in the same way that he fights. Since England has disregarded all ideas of justice and every high sentiment, due to the civilization among mankind, we have resolved to apply to hei> the usages which she has ratified in her maritime legislation. The provisions of the present decree shall continue to be looked upon as embodying the fundamental principles of the Empire until England shall recognize that the law of war is one and the same on land and sea, and that the rights of war cannot be extended so as to include private property of any kind or the persons of individuals unconnected with the pro- fession of arms, and that the right of blockade should be restricted to fortified places actually invested by ^sufficient forces. We have consequently decreed and do decree that which follows : 1. The British Isles are declared to be in a state of block- ade. 2. All commerce and all correspondence with the British Isles are forbidden. Consequently letters or packages directed to England or to an Englishman or written in the English language shall not pass through the mails and shall be seized. 3. Every individual who is an English subject, of what- ever state or condition he may be, who shall be discovered THE CONTINENTAL SYSTEM 387 in any country occupied by our troops or by those of our allies, shall be made a prisoner of war. 4. All warehouses, merchandise or property of whatever kind belonging to a subject of England shall be regarded as a lawful prize. 5. Trade in English goods is prohibited, and all goods belonging to England or coming from her factories or her colonies are declared a lawful prize. 6. Half of the product resulting from the confiscation of the goods and possessions declared a lawful prize by the preceding articles shall be applied to indemnify the merchants for the losses they have experienced by the capture of mer- chant vessels taken by English cruisers. 7. No vessel coming directly from England or from the English colonies or which shall have visited these since the publication of the present decree shall be received in any port. 8. Any vessel contravening the above provision by a false declaration shall be seized, and the vessel and cargo shall be confiscated as if it were English property. 9. Our Court of Prizes at Paris shall pronounce final judgment in all cases arising in our Empire or in the countries occupied by the French Army relating to the exe- cution of the present decree. Our Court of Prizes at Milan shall pronounce final judgment in the said cases which may arise within our Kingdom of Italy. 10. The present decree shall be communicated by our minister of foreign affairs to the King of Spain, of Naples, cf Holland and of Etruria, and to our other allies whose sub- jects, like ours, are the victims of the unjust and barbarous maritime legislation of England. 11. Our ministers of foreign affairs, of war, of the navy, of finance and of the police and our Directors-General of the port are charged with the execution of the present decree so far as it effects them. I Signed, Napoleon. C. British Order in Council. '^^ January 10, 1807. American State Papers, Foreign Relations, III, S- Note communicated by Lord Howick to Mr. Monroe, dated 388 THE CONTINENTAL SYSTEM Downing Street, January lo, 1807. The undersigned, His Majesty's principal Secretary of State of Foreign Affairs, has received His Majesty's com- mands to acquaint Mr. Monroe that the French Government having issued certain orders, which, in violation of the usages of war, purport to prohibit the commerce of all neutral na- tions with His Majesty's dominions, and also to prevent such nations from trading with any other country in any articles, the growth, produce, or manufacture of His Majesty's domin- ions. And the said Government having also taken upon itself to declare all His Majesty's dominions to be in a state of blockade, at a time when the fleets of France and her allies are themselves confined within their own ports by the superior valor and discipline of the British navy. Such attempts, on the part of the enemy, giving to His Maj- esty an unquestionable right of retaliation, and warranting His Majesty in enforcing the same prohibition of all com- merce with France, which t?hat Power vainly hopes to effect against the commerce of His Majesty's subjects, a prohibition w-hich the superiority of His Majesty's naval forces might en- able him to support, by actually investing the ports and coasts of the enemy with numerous squadrons and cruisers, so as to make the entrance or approach thereto manifestly dangerous. His Majesty, though unwilling to follow the example of his enemies by proceeding to an extremity so distressing to all nations not engaged in the yiar, and carrying on their ac- customed trade, yet feels himself bound, by a due regard to the just defence of the rights and interests of his people, not to suffer such measures to be taken by the enemy, without tak- ing some steps, on his part, to restrain this violence, and to retort upon them the evils of their own injustice. Mr. Monroe is, therefore, requested to appri.se the American consuls and merchants residing in England, that His Majesty has, there- fore, judged it expedient to order that no vessel shall be per- mitted to trade from one port to another, both which ports shall belong to, or be in the possession of, France or her allies, or shall be so far under their control as that British vessels may not freely tradfe thereat; and that the commanders of His Majesty's ships of war and privateers have been instructed to warn every neutral vessel coming from any such port, and THE CONTINENTAL SYSTEM 389 destined to another port, to discontinue her voyage, and not to proceed to any such port ; and every vessel after being so warned, or any vessel coming 'from any such port, after a reasonable time shall have been afforded for receiving infor- mation of this His Majesty's order, vifhich shall be found proceeding to another such port, shall be captured and brought in, and, together with her cargo, shall be condemned as law- ful prize. And that, from this time, all the measures author- ised by the law of nations, and the respective treaties between His Majesty and the different neutral Powers, will be adopted and executed with respect to vessels attempting to violate the said order after this notice. HowiCK. D. British Order in Council. November 11, 1807. Ameri- can State Papers, Foreign Relations, HI, 269-270. At the Court at the Queen's Palace, the nth of November, 1807: Present, the King's Most Excellent Majesty in Council. Whereas certain orders establishing an unprecedented^^ys- tem of warfare against this kingdom, and aimed especially at the destruction of its comniexce. and resources, were some time since issued by the Government of France, by which "the Brit- ish islands were declared to be in a state of blockade," thereby subjecting to capture and condemnation all vessels, with their cargoes, which should continue to %rade with His Majesty's dominions : And, whereas, by the same order, "all trading in English merchandise is prohibited, and every article of merchandise belonging to England, or coming from her colonies, or of her manufacture, is declared lawful prize :" And, whereas, the nations in alliance with France, and under her control, were required to give, and have given, and do give, effect to such orders : And, whereas. His Majesty's order of the 7th of January last has not answered the desired purpose, either of compelling the enemy to recall those orders, or of inducing neutral nations to interpose, with effect, to obtain their revocation, but on the contrary, the same have been recently enforced with increased rigor : And, whereas. His Majesty, under these circumstances, finds 390 THE CONTINENTAL SYSTEM himself compelled to take further measures tor asserting and vindicating his just rights, and for supporting that maritime power which the exertions arid valor of his people have, -under Ihe blessings of Providence, enabled him to establish and maintain; and the maintenance of which is not more essential to the safety and prosperity of His Majesty's dominions, than it is to the protection of such states as still retain their inde- pendence, and to the general intercourse and happiness of mankind : His Majesty is therefore pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that all the ports and places of France and her allies, or of any other country at war with His Majesty, and all other ports or places in Europe, from which, although not at war with His Majesty, the British flag is excluded, and all ports or places in the col- onies belonging to His Majesty's enemies, shall, from hence- forth, be subject to the same restrictions in point of trade and navigation, with the exceptions hereinafter mentioned, as if the same were actually blockaded by His Majesty's naval forces, in the most strict and rigorous manner: And it is hereby further ordered and declared, that all trade in articles which are of the produce or manufacture of the said countries or colonies shall be deemed and considered to be unlawful; and that every vessel trading from or to the said countries or colonies, together with all goods and merchandise on board and all articles of the produce or manufacture of the said countries or colonies, shall be captured and condemned as a prize to the captors. But, although His Majesty would be fully justified by the circumstances and considerations above recited, in establishing such system of restrictions with respect to all the countries and colonies of his enemies, without exception or qualification, yet His Majesty being, nevertheless, desirous not to subject neu- trals to any greater inconvenience than is absolutely insepari able from the carrying into effect His Majesty's just determin- ation to counteract the designs of his enemies, and to retort upon his enemies themselves the consequences of their own violence and injustice; and being yet willing to hope that it may be possible (consistently with that object) still to allow to neutrals the opportunity of furnishing themselves with col- THE CONTINr^NTAL SYSTEM 391 onial produce for their own consumption and supply, and even to leave open, for the present, such trade with His Maj- esty's enemies as shall be carried on directly with the ports of His Majesty's dominions, or of his allies, in the manner hereinafter mentioned : His Majesty is, therefore, pleased further to order and it is hereby ordered, that nothing herein contained shall extend to subject to capture or condemnation any vessel, or the cargo of any vessel, belonging to any country not declared by this order to be subjected to the restrictions incident to a state of blockade, which shall have cleared out with such cargo from some port or place of the country to which she belongs, either in Europe or America, oi-from some free port in His Majesty's colonies, under circumstances in which such trade, from such free ports, is permitted, direct to some port or place in the colonies of His Majesty's enemies, or from those colonies direct to the country to which such vessel belongs, or to some free port in His Majesty's colonies, in such cases, and with such articles, as it may be lawful to import into such free port ; nor to any vessel, or the cargo of any vessel, belonging to any country not at war with His Majesty, which shall have cleared out under such regulations as His Majesty may think fit to prescribe, and shall be proceeding direct from some port or place In this kingdom, or from Gibraltar, or Malta, or from any port belonging to His Majesty's allies, to the port specified in her clearance ; nor to any vessel, or the cargo of any vessel, belonging to any country not at war with His Majesty, which shall be coming from any port or place in Europe which is de- clared by this order to be subject to the restrictions incident to a state of blockade, destined to some port or place in Europe belonging to His Majesty, and which shall be on her voyage direct thereto; but these exceptions are not to be understood as exempting from capture or confiscation any vessel or goods which shall be liable thereto in respect to having entered or departed from any port or place actually blockaded by His Majesty's squadrons or ships of war, or for being enemy's property, or for any other cause than the contravention of his present order. And the commanders of His Majesty's ships of war and privateers, and other vessels acting under His Majesty's com- 392 THE CONTINENTAL SYSTEM mission, sliall be, and are hereby, instructed to warn every vessel which shall have commenced her voyage prior to any notice of this order, and shall be destined to any port of France or of her allies or of any other country at war with His Majesty or any port or place from which the British flag, as aforesaid, is excluded, or to any colony belonging to His Majesty's enemies, and which shall not have cleared out as is hereinbefore allowed, to discontinue her voyage, and to pro- ceed to some port or place in this kingdom, or to Gibraltar, or Malta; and any vessel which, after having been so warned or after a reasonable time shall have been afforded for the arrival of information of this His Majesty's order at any port or place from which she sailed, or which, after having notice of this order, shall be found in the prosecution of any voyage contrary to the restrictions contained in this order, shall be captured, and, together with her cargo, condemned as lawful prize to the captors. And, whereas, countries not engaged in the war have acqui- esced in these orders of France, prohibiting all trade in any articles the produce or manufacture of His Majesty's domin- ions; and the merchants of those countries have given counten- ance and effect to those prohibitions by accepting from persons, styling themselves commercial agents of the enemy, resident at neutral ports, certain documents, termed "certificates of origin," being certificates obtained at the ports of shipment, declaring that the articles of the cargo are not of the produce or manufacture of His Majesty's dominions, or to that effect. And, whereas, this expedient has been directed by France, and submitted to by such merchants, as part of the new sys- tem of warfare directed against the trade of this kingdom, and as the most effectual instrument of accomplishing the same, and it is therefore essentially necessary to resist it. His Majesty is therefore pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that if any vessel, after reasonable time shall have been afforded for receiving notice of this His Majesty's order, at the port or place from which such vessel shall have cleared out, shall be found carrying any such certificate or document as afore- said, or any document referring to or authenticating the same, such vessel shall be adjudged lawful prize to the captor, to- THE CONTINENTAL SYSTEM 393 gether with the goods laden therein, belonging to the person or persons by whom, or on whose behalf, any such document was put on board. And the right honourable the Lords Commissioners of His Majesty's Treasury, His Majesty's principal Secretaries of State, the Lords Commissioners of the Admirality, and the Judges of the High Court of Admirality, and Courts of Vice- Admiralty, are to take the necessary measures herein as to them shall respectively appertain. W. Fawkener. E. The Milan Decree. December 17, 1807. Correspon- dance de Napoleon, 1, XVI, 192-193. Translation, James Harvey Robinson, University of Pennsylvania Translations and Reprints. At Our Royal Palace at Milan, December 17, 1807. Napoleon, Emperor of the French, King of Italy, Protector of the Confederation of the Rhine. In view of the measures adopted by the British government on the nth of November last by which vessels belonging to powers which are neutral or are friendly and even allied with England are rendered liable to be searched by British cruisers, detained at certain stations in England, and subject to an arbitrary tax of a cer- tain per cent, upon their cargo to be regulated by English legislation. Considering that by these acts the English government has* denationalized the vessels of all the nations of Europe, and that no government may compromise in any degree its inde- pendence or its rights — all the rulers of Europe being jointly responsible for the sovereignty and independence of their flags, — ^and that, if through unpardonable weakness which would be regarded by posterity as an indelible stain, such tyranny should be admitted and become consecrated by custom, the English would take steps to give it the force of law, as they have already taken advantage of the toleration of the governments to establish the infamous principle that the flag does not cover the goods and to give the right of blockade an arbitrary ex- tension which threatens the sovereignty of every state : We have decreed and do decree as follows : I. Every vessel of whatever nationality which shall sub- mit to be searched by an English vessel or shall consent to a 394 THE CONTINENTAL SYSTEM voyage to England, or shall pay any tax whatever to the Eng- lish government is ipso facto declared denationalized, loses the protection afforded by its flag and becomes English property. 2. Should such vessels which are thus denationalized through the arbitrary measures of the English government enter our ports or those of our allies or fall into the hands of our ships of war or of our privateers they shall be regarded as good and lawful prizes. 3. The British Isles are proclaimed to be in a state of blockade both by land and by sea. Every vessel of whatever nation or whatever may be its cargo, that sails from the ports of England or from those of the English colonies or of coun- tries occupied by English troops, or is bound for England or for any of the English colonies or any country occupied by English troops, becomes, by violating the present decree, a lawful prize, and may be captured by our ships of war and adjudged to the captor. 4. These measures, which are only a just retaliation against the barbarous system adopted by the English govern- ment, which models its legislation upon that of Algiers, shall cease to have any effect in the case of those nations which shall force the English to respect their flags. They shall continue in force so long as that government shall refuse to accept the •principles of international law which regulate the relations of civilized states in a state of war. The provisions of the pres- ent decree shall be ipso facto abrogated and void so soon as the English government shall abide again by the principles of the law of nations, which are at the same time those of justice and honor. 5. All our ministers are charged with the execution of the present decree, which shall be printed in the Bulletin des lois. F. British Order in Council, April 26, 1809. American State Papers, Foreign Relations, III, 241. At the Court at the Queen's Palace, the 26th of April, iSog; Present, the King's Most Excellent Majesty in council. Whereas, His Majesty, by his order in council of the nth of November, 1807, was pleased, for the reasons assigned therein, to order that "all the ports and places of France and THE CONTINENTAL SYSTEM 395 her allies, or of any other country at war with His Majesty, and all other ports or places in Europe, from which, although not at war with His Majesty, the British flag is excluded, and all ports or places in the colonies belonging to His Majesty's enemies, should from henceforth be subject to the same re- strictions in point of trade or navigation as if the same were actually blockaded in the most strict and vigorous manner;" and also to prohibit "all trade in articles which are the pro- duce or manufacture of the said countries or colonies;'' and whereas, His Majesty, having been nevertheless desirous not to subject those countrieis which were in alliance or amity with His Majesty to any greater inconvenience than was absolutely inseparable from carrying inlo effect His Majesty's just de- termination to counteract the designs of his enemies, did make certain exceptions and modifications expresised in the said order of the nth of November, and in certain subsequent orders of the 25th of November, declaratory of the aforesaid order of the nth of November and of the i8th of December, 1807, and of the 30th of March, 1808; And whereas, in consequence of diverse events which have taken place since the date of the first-mentioned order, affecting the relations between Great Britain and the territories of other Powers, it is expedient that sundry parts and provisions of the said orders should be ordered or revoked; His Majesty is therefore pleased, by and with the advice of his privy council, to revoke and annul the said several or- ders, except as hereinafter expressed; and so much of the said orders, except as aforesaid, is hereby revoked accordingly. And His Majesty is pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that all the ports and places as far north ais the river Ems, in- clusively, under the government styling itself the Kingdom of Holland, and all ports and places under the Government of France, together with the colonies, plantations, and settle- ments in the possession of those Governments, respectively, and all ports and places in the northern parts of Italy, to be reckoned from the ports of Orbitello and Pesaro, inclusively, shall continue, and be subject to the same restrictions, in point of trade and navigation, without any exception, as if the same were actually blockaded by His Majesty's naval 396 THE CONTINENTAL SYSTEM forces in the most strict and rigorous manner; and that every vessel trading from and to the isaid countries or col- onies, plantations or settlements, together with all goods and merchandise on board, shall be condermied as prize to the captors. And His Majesty is further pleased to order, and it is hereby ordered, that this order shall have effect from the day of' the date thereof with respect to any ship, together with its cargo, which may be captured subsequent to such day, on any voyage which is and shall be rendered legal by this order, al- though such voyage, at the time of the commencement of the same, was unlawful, and prohibited under the said former orders; and such ships, upon being brought in, shall be re- leased accordingly; and with respect to all ships, together with their cargoes, which may be captured in any voyage which was permitted under the exceptions of the orders above men- tioned, but which is not permitted according to the provisions of this order, His Majesty is pleased to order, and it is here- by ordered that such ships and their cargoes shall not be liable to condemnation, unless they shall have received ac- tual notice of the present order, as were allowed for construc- tive notice in the orders of the 2Sth of November, 1807, and the i8th of May, 1808, at the several places and latitudes therein specified. And the right honorable the Lords Commissioners of His Majesty's Treasury, His Majesty's principal Secretary of State, the Lords Commissioners of the Admiralty, and the Judge of the High Court of Admiralty, and Judges of the Courts of Vice-admiralty, are to give the necessary directions herein as to them may respectively appertain. Stephen Cotteell. G. The Rambouillet Decree. Maroh 23, 1810, Duvergier, Lois, XVII, 59- Napoleon . . . considering that the Government of the LTnited States, by an act dated March i, i8og, which forbids the entrance of the ports, harbors and rivers of the said States to all French vessels, orders; 1st. That, dating from the 20th of May following, the ves- sels under the French flag which shall arrive in the United CONPEDEEATION OP THE RHINE 397 States shall be seized and confiscated, as well as their car- goes; 2d. That, after the same date, no merchandise and pro- ductions coming from the soil or manufactures of France or of its colonies can be imported into the said United States, from any port or foreign place whatsoever, under penalty of seizure, confiscation and" fine of three times the value of the merchandise ; 3d. That American vessels cannot repair to any port of France, its colonies or dependencies ; We have decreed and do decree as follows : 1. That all vessels navigating under the flag of the United States, or possessed in whole or in part by any citizen or sub- ject of that Power, which, dating from May 20, 1809, may have entered or shall enter into the ports of our Empire, our colon- ies or the countries occupied by our armies, shall be seized, and the products of the sales shall be deposited in the surplu.' fund. Vessels which may be charged with despatches or commis- sions of Government of the said States and which have not cargo or merchandise on board are excepted from this pro- vision. 2. Our grand judge, minister of justice, and our minister of finance, are charged with the execution of the present de- cree. ^. 78. Documents upon the Confederation of the Rhine. The destruction of the Holy Roman Empire, begun in the trea- ties of Basel and Campo Pormio (Nos. 48 and 55), was finally completed by the organization of the Confederation of the Rhine. The most important feature of document A is the relationship which it creates between France and each of the confederated states. By subsequent acts of accession nearly all the German states, except Austria and Prussia, became members. In the other documents the im.portant features are the explanations for the action that is talren. References. FytEe, Modern Europe, I, 303-306 (Popular ed., 204-260) ; Fournier, Jiapoleon, 335-340 ; Rose, Napoleon, II, 69-72 ; Sloane, Napoleon, II, 259-262 ; Layisse and Eambaud, His- toire Generale, IX, 503-505. Maps. Droysen, Historischcr Hand-Atlas, 48-49 ; Lane-Poole, historical Atlas of Modern Europe, 12. 398 CONFEDERATION OP THE EHINE A. Treaty for Establishing the Confederation. July 12, 1806. De Clercq, Traites, II, 171-179. His Majesty the Emperor of the French, King of Italy, of the one part, and of the other part their Majesties the Kings of Bavaria and of Wurtemburg and Their Serene Hig'h uesses the Electors, the Archchancellor of Baden, the Duke of Berg and of Cleves, the Landgrave of Hesse-Darrastadt, the Princes of Nassau-Usingen and Nassau-Weilburg, the Princes of Hohenzollem-Heckingen and Hohenzollem-Sig- maringen, the Princes of Salm-Salm and Salm-Kirburg, the Prince of Isneburg-Birstein, the Duke of Aremberg and the Prince of Lichenstein, and the Count of Leyen, wishing, by suitable stipulations, to assure the internal peace of the south of Germany, for which experience for a long time past and quite recently still more has shown that the Germanic Con- stitution can no longer offer any sort of guarantee. I. The States of . . . [names of the parties of the sec- ond part] shall be forever separated from the territory of the Germanic Empire and united among themselves by a sep- arate Confederation, under the name of the Confederated States of the Rhine. 3. Each of the Kings and Confederated Princes shall re- nounce those of his titles which express any relations with the Germanic Empire; and on the ist of August next he shall cause the Diet to be notified of his separation from the Empire. 4. His Serene Highness the Archchancellor shall take the titles of Prince Primate and Most Eminent Highness. The title of Prince Primate does not carry with it any pre- rogative contrary to the plenitude of sovereignty which each of the Confederates shall enjoy. 6. The common interests of the Confederated States shall be dealt with in a Diet, of which the seat shall be at Frank- fort, and which shall be divided into two Colleges, to wit: the College of Kings and the College of Princes. 12. His Majesty the Emperor of the French shall be pro- CONB'EDBBATION OF THE RHINE 399 claimed Protector of the Confederation, and in that capacitj, apon the decease of each Prince Primate, he shall appoint the successor of that one. 35- There shall be between the French Empire and the Confederated States of the Rhine, collectively and separately, an alliance in virtue of which every continental war which one of the High Contracting Parties may have to carry on shall immediately become common to all the others. 38. The contingent to be furnished by each of the Allies in case of war is as follows : France shall furnish 200,000 men of all arms : the Kingdom of Bavaria 30,000 men of all arms ; the Kingdom of Wurtemburg 12,000; the Grand Duke of Baden 8,000; the Grand Duke of Berg 5,000; the Grand Duke of Darmstadt 4,000; Their Serene Highnesses the Dukes and the Prince of Nassau, together with the other Confederated Princes, shall furnish a contingent of 4,000 men. 39. The High Contracting Parties reserve to themselves the admission at a later time into the new Confederation of other Princes and States of Germany whom it shall be found for the common interest to admit thereto. B. Note of Napoleon to the Diet. August i, 1806. De Clercq, Traites, H, 183-184. Translation, James Harvey Rob- inson, University of Pennsylvania Translations and Reprints. The undersigned, charge d'affaires of His Majesty the Emperor of the French and King of Italy at the general Diet of the German Empire, has received orders from His Majesty to make the following declarations to the diet : Their Majesties the Kings of Bavaria and of Wurtem- berg, the Sovereign Princes of Regensburg, Baden, Berg, Hesse-Darmstadt and Nassau, as well as the other leading princes of the south and west of Germany have resolved to form a confederation between themselves which shall secure them against future emergencies, and have thus ceased to be states of the Empire. The position in which the Treaty of Pressburg has ex- plicitly placed the courts allied to France, and indirectly 400 CONFEDERATION' OF THE RHINE those princes whose territory they border or surround, being incompatible with the existence of an empire, it becomes a necessity for those rulers to reorganize their relations upon a new system and to remove a contradiction which could not fail to be a permanent source of agitation, disquiet and danger. France, on the other hand, is directly interested in the maintenance of peace in Southern Germany and yet must apprehend that, the moment she shall cause her troops to recross the Rhine, discord, the inevitable consequence of contradictory, uncertain and ill-defined conditions, will again disturb the peace of the people and reopen, possibly, the war on the continent. Feeling it incumbent upon her to advance the welfare of her allies and to assure them the enjoyment of all the advantages which the Treaty of Pressburg secures them and to which she is pledged, France cannot but regard the confederation that they have formed as a natural result and a necessary sequel to that treaty. For a long period successive changes have, from century to century, reduced the German constitution to a shadow of its former self. Time has altered all the relations in respect to size and importance which originally existed among the various members of the confederation, both as regards each other and the whole of which they have formed a part. The Diet has no longer a will of its own. The sentences of the superior courts can no longer be executed. Everything indicates such serious weakness that the federal bond no longer offers any protection whatever and only constitutes a source of dissension and discord between the powers. The results of three coalitions have increased this weakness to the last degree. An electorate has been suppressed by the annexation of Hanover to Prussia. A king in the north has incorporated with his other lands a province of the Em- pire. The Treaty of Pressburg assures complete sovereignty to their majesties the Kings of Bavaria and of Wurtemberg and to His Highness the Elector of Baden. This is a pre- rogative which the other electors will doubtless demand, and which they are justified in demanding; but this is in harmony neither with the letter nor the spirit of the constitution of the Empire. CONFEDERATION OP THE RHINE 401 His Majesty the Emperor and King is, therefore, compelled to declare that he oan no longer acknowledge the existence of the German Constitution, recognizing, however, the entire and absolute sovereignty of each of the princes whose states compose Germany to-day, maintaining with them the same relations as with the other independent powers of Europe. His Majesty the Emperor and King has accepted the title of Protector of the Confederation of the Rhine. He has done this with a view only to peace, and in order that by his constant mediation between the weak and the powerful he may obviate every species of dissension and disorder. Having thus provided for the dearest interests of his peo- ple and of his neighbors, and having assured, so far as in him lay, the future peace of Europe and that of Germany in par- ticular, heretofore constantly the theatre of war, by remov- ing a contradiction which placed people and princes alike under the delusive protection of a system contrary both to their political interests and to their treaties. His Majesty the Emperor and King trusts that the nations of Europe will at last close their ears to the insinuations of those who would maintain an eternal war upon the continent. He trusts that the French armies which have crossed the Rhine have done so for the last time, and that the people of Ger- many will no longer witness, except in the annals of the past, the horrible pictures of disorder, devastation and slaughter which war invariably brings with it. His Majesty declared that he would never extend the limits of France beyond the Rhine, and he has been faithful to his promise. At present his sole desire is so to employ the means which Providence has confided to him as to free the seas, restore the liberty of commerce and thus assure the peace and happiness of the world. Bacher. Regensburg, August i, 1806. C. Declaration of the Confederated States. August i, 1806. De Clercq, Traites, 11, 185-186. The undersigned. Ministers Plenipotentiary to the Gen- eral Diet of the Germanic Empire, have received orders to communicate to Your Excellencies, in the name of their most high Principals, the following declaration : 402 CONFEDERATION OF THE RHINE The events of the last three wars which almost without interruption have disturbed the repose of Germany, and the political changes which have resulted therefrom, have put in broad daylight the sad truth that the bond which ought to unite the different Members of the Germanic Body is no longer sufficient for that purpose, or rather that it is already broken in fact; the feeling of this truth has been already a long time in the hearts of all Germans ; and however painful may have been the experience of latter years, it has io reality served only to put beyond doubt the senility of a constitution respectable in its origin, but become defective through the in- stability inherent in all human institutions. Doubtless it is to that instability alone that the scission which was effected in the Empire in 1795 must be attributed, and which had for result the separation of the interests of the North from those of the South of Germany. From that moment all idea of a fatherland and of common interests was of necessity bound to disappear; the words war of the Empire and peace of the Empire became devoid of meaning ; one sought in vain for Germany in the midst of the Germanic Body. The Princes who bordered upon France, left to themselves and exposed to all the evils of a war to which they could not seek to put an end by constitutional means, saw themselves forced to free themselves from the common bond by separate peace ar- rangements. The Treaty of Luneville, and still more the Reces of the Empire of 1803, should no doubt have appeared sufficient to give new life to the Germanic Constitution, by causing the feeble parts of the system to disappear and by consolidating its principal supports. But the events which have occurred in the last six months, under the eyes of the entire Empire, have destroyed that hope also and have again put beyond doubt the complete insufficiency of the existing Constitution. The urgency of these important considerations has determined the Sovereigns and Princes of the South and West of Ger- many to form a new Confederation suited to the circum- stances of the time. In freeing themselves, by this dec- laration, from the bonds which have united them up to the present with the Germanic Empire, they are only following the systems established by anterior facts, and even by the CONFEDERATION OF THE RHINE ^yj declarations of the leading States of the Empire. It is true, they might have preserved the empty shadow of an extinct constitution; but they have believed that it was more in conformity with their dignity and with the purity of their intentions to make frank and open declaration of their res- olution and of the motives which have influenced them. Moreover, they would flatter themselves in vain upon at- taining the desired aim, if they were not at the same time assured of a powerful protection. The Monarch whose views are always found to be in conformity with the true interests of Germany charges himself with that protection. A guar- antee so powerful is tranquilizing under a double aspect. It offers the assurance that His Majesty the Emperor of the French will have at heart, as well for the interest of his glory as for the advantage of his own French Empire, the maintenance of the new order of things and the consolidation of the internal and external tranquility. That precious tran- quility is the principal object of the Confederation of the Rhine, of which the Co-States of the sovereigns in whose name the present declaration is made will see the proof in the opportunity which is left to each of them to accede to it, if his position makes it desirable for him to do so. In discharging this duty, we have the honor to be, . [Signed by the representatives of thirteen sovereigns.] D. Abdication of Francis II. August 7, 1806. Moniteur, August 14, 1806. Translation, James Harvey Robinson, Uni- versity of Pennsylvania Translations and Reprints. We, Francis the Second, by the Grace of God Roman Em- peror Elect, Ever August, Hereditary Emperor of Austria, etc.. King of Germany, Hungary, Bohemia, Croatia, Dalmatia, Slavonia, Galizia, Lodomeria and Jerusalem; Archduke of Austria, etc. Since the peace of Pressburg all our care and attention has been directed towards the scrupulous fulfillment of all engagements contracted by the said treaty, as well as the preservation of peace so essential to the happiness of our sub- jects, and the strengthening in every way of the friendly relations which have been happily re-established. We could but await the outcome of events in order to determine whether 404 CONFEDERATION OF THE RHINE the important changes in the German Empire resulting from the terms of the peace would allow us to fulfill the weighty duties which, in view of the conditions of our election, devolve upon us as the head of the Empire. But the results of cer- tain articles of the Treaty of Pressburg, which showed them- selves immediately after and since its publication, as well as the events which, as is generally known, have taken place in the German Empire, have convinced us that it would be impossible under these circumstances farther to fulfill the du- ties which we assumed by the conditions of our election. Even if the prompt readjustment of existing political com- plications might produce an alteration in the existing con- ditions, the convention signed at Paris, July 12th, and ap- proved later by the contracting parties, providing for the complete separation of several important states of the Em- pire and their union into a separate confederation, would en- tirely destroy any such hope. Thus, convinced of the utter impossibility of longer ful- filling the duties of our imperial office, we owe it to our principles and to our honor to renounce a crown which could only retain any value in our eyes so long as we were in a position to justify the confidence reposed in us by the electors, princes, estates and other members of the German Empire, and to fulfill the duties devolving upon us. We proclaim, accordingly, that we consider the ties which have hitherto united us to the body politic of the German Empire as hereby dissolved ; that we regard the office and dignity of the imperial headship as extinguished by the for- mation of a separate union of the Rhenish States, and regard ourselves as thereby freed from all our obligations toward the German Empire; herewith laying down the imperial crown which is associated with these obligations, and relinquishing the imperial government which we have hitherto conducted. We free at the same time the electors, princes and estates and all others belonging to the Empire, particularly the members of the supreme imperial courts and other magis- trates of the Empire, from the duties constitutionally due to us as the lawful head of the Empire. Conversely, we free all our German provinces and imperial lands from all their obligations of whatever kind, towards the German Empire. THE PEACE OP TILSIT 405 In uniting these, as Emperor of Austria, with the whole body of the Austrian state we shall strive, with the restored and existing peaceful relations with all the powers and neigh- boring states, to raise them to the height of prosperity and happiness, which is our keenest desire, and the aim of our constant and sincerest efforts. Done at our capital and royal residence, Vienna, August 6, 1806, in the fifteenth year of our reign as Emperor and hereditary ruler of the Austrian lands. Francis. 79. Documents upon the Peace of Tilsit. By the Peace of Tilsit France broke np tlie Fourtli Coalition, leaving herself at peace save with England. The first three of these documents show the arrangements made at Tilsit as the basis for continental peace. Document D shows the manner in which certain of the provisions in document C were finally carried out. Among the numerous features which call for notice are: (1) the character of the alliance made between Russia and France ; (2) the recent changes in Europe effected by Napoleon and sanc- tioned by these treaties ; (3) the humiliation of Prussia through loss of territory, payment of indemnity, the stipulations as to its army, etc. Eeperences. FyfEe, Modern Europe, I, 346-349 (Popular ed., 233-235); Pournier, Napoleon, 383-390; Rose, Napoleon, II, 115- 128 ; Sloane, Napoleon, III, Chs. v-vi ; Lanfrey, Napoleon, III, 268- 285 ; Lavisse and Rambaud, Histoire Generale, IX, 115-117. Maps. Droyson, Ilistoriseher Hand-Atlas, 48-49, 53 ; Laue- Poole, Historical Atlas of Modern Europe, XII. A. Treaty of Peace between France and Russia. July 7, 1807. De Clercq, Traites, II, 207-213. His Majesty the Emperor of the French, King of Italy, Protector of the Confederation of the Rhine and His Majesty the Emperor of all the Russias, being prompted by an equal desire to put an end to the calamities of war. I. There shall be, dating from the day of the exchange of the ratifications of the present treaty, perfect peace and amity between His Majesty the Emperor of the French, King of Italy, and His Majesty the Emperor of all the Russias. 406 THE PEACE OF TILSIT 4. His Majesty the Emperor Napoleon, out of regard for His Majesty the Emperor of all the Russias, and wishing to give a proof of his sincere desire to unite the two nations by the bonds of an unalterable confidence and friendship, consents to restore to His Majesty the King of Prussia, the ally of His Majesty the Emperor of all the Russias, all the conquered countries, cities and territories denominated hereinafter, to wit : . [The omitted passage is practically identical with article 2 of document C] 5. The provirfces which on the ist of January, 1772, made up part of the former Kingdom of Poland and which have since passed at different times under Prussian domination, with the exception of the countries that are named or designated in the preceding article and of those specified in article 9 hereinafter, shall be possessed in complete ownership and sov- ereignty by His Majesty the King of Saxony, under the title of the Duchy of Warsaw, and shall be governed by constitu- tions which, while assuring the liberties and privileges of the peoples of this Duchy, are consistent with the tranquility ol the neighboring States. 6. The city of Danzig, with a territory of two leagues radius from its circumference, shall be re-established in its independence, under the protection of His Majesty the King of Prussia and His Majesty the King of Saxony and shall be governed by the laws which governed it at the time when it ceased to govern itself. 12. Their Serene Highnesses the Dukes of Saxe-Coburg, Oldenburg, and Mechlinburg-Schwerin shall each be replaced in the complete and peaceable possession of his States; but the ports of the Duchies of Oldenburg and Mechlinburg shall continue to be occupied by French garrisons until the ex- change of the ratifications of the future definitive treaty of peace between France and England. 13. His Majesty the Emperor Napoleon accepts the media- tion of His Majesty the Emperor of all the Russias for the purpose of negotiating and concluding a definitive treaty of peace between France and England, upon the supposition that this mediation will also be accepted byi England, one month after the exchange of the ratifications of the present treaty. THE PEACE OF TILSIT 407 14. On his side, His Majesty the Emperor of all the Rus- sias, wishing to prove how much he desires to establish the most intimate and enduring relations between the two Em- pires, recognizes His Majesty the King of Naples, Joseph Napoleon, and His Majesty the King of Holland, Louis, Na- poleon. 15. His Majesty the Emperor of all the Russias likewise recognizes the Confederation of the Rliine, the actual state of possession of each of the Sovereigns who compose it, and the titles given to several of them, whether by the Act of Con- federation or by the subsequent treaties of accession. His said Majesty promises to recognize, upon the notifications which shall be made to him on the part of His Majesty the Emperor Napoleon, the Sovereigns who shall subsequently become members of the Confederation, in the capacity which shall be given them in the documents which shall bring about their entrance to it. 17. The present treaty of peace and amity is declared com- mon to their Majesties the Kings of Naples and of Holland, and to the Confederated Sovereigns of the Rhine, Allies of His Majesty the Emperor Napoleon. 18. His Majesty the Emperor of all the Russias also rec- ognizes His Imperial Highness, Prince Jerome Bonaparte, as King of Westphalia. 19. The Kingdom of Westphalia shall be composed of the provinces on the left of the Elbe ceded by His Majesty the King of Prussia and of other States actually possessed by His Majesty the Emperor Napoleon. 20. His Majesty the Emperor of all the Russias promises to recognize the arrangement which, in consequence of article 19 above and of the cessions of His Majesty the King of Prussia, shall be made by His Majesty the Emperor Napoleon (which -shall be announced to His Majesty the Emperor of all the Russias) and the resulting state of possession for the Sovereigns for whose profit it shall have been made. 22. The Russian troops shall retire from the provinces of Wallachia and Moldavia, but the said provinces can be 408 THE PEACE OP TILSIT occupied by the troops of His Highness until the exchange of the ratifications of the future definitive treaty of peace between Russia and the Ottoman Porte. 23. His Majesty the Emperor of all the Russias accepts the mediation of His Majesty the Emperor of the French, King of Italy, for the purpose of negotiating and concluding a peace advantageous and honorable to the tviro Empires. The respective Plenipotentiaries shall repair to the place which the interested parties shall have agreed upon in order to open and to pursue the- negotiations. 25. His Majesty the Emperor of the French, King of Italy, and His Majesty the Emperor of all the Russias mutually guarantee the integrity of their possessions and those of the Powers included in the present treaty of peace, such as they now are or shall be in consequence of the above stipulations. 28. The ceremonial of the two Courts of the Tuileries and of Saint Petersburg between themselves and with respect to the Ambassadors, Ministers and Envoys whom they shall accredit to each other shall be established upon the principle of a perfect reciprocity and equality. Separate and Secret Articles. 2. The Seven Islands shall be possessed in complete pro- prietorship and sovereignty by His Majesty the Emperor Na- poleon. 4. His Majesty the Emperor of all the Russias engages to recognize His Majesty the King of Naples Joseph Napo- leon, as King of Sicily as soon as King Ferdinand IV shall have an indemnity such as the Balearic islands or the island of Candia, or any other of like value. 5. If, at the time of the future peace with England, Han- over should come to be united with the Kingdom' of Westpha- lia, a territory formed from the countries ceded by His Majesty the King of Prussia upon the left bank of the river Elbe, and having a population of from three to four hundred thousand THE PEACE OF TILSIT 409 souls, shall cease to make part of that Kingdom and shall be retroceded to Prussia. B. Secret Treaty of Alliance between France and Russia, July 7, 1807. Fournier's Napoleon I, II, 250-252 (German ed.). His Majesty the Emperor of the French, King of Italy, Protector of the Confederation of the Rhine, and His Maj- esty the Emperor of all the Russias, having particularly at heart to re-establish the general peace in Europe upon sub- stantial and, if it be possible, immovable foundations, have for that purpose resolved to conclude an offensive and defensive alliance. . 1. His Majesty the Emperor of the French, King of Italy, and His Majesty; the Emperor of all the Russias, undertake to make common cause, whether by land or by sea, or indeed by land and by sea, in every war which France or Russia may be under the necessity of undertaking against any European Power. 2. The occasion for the alliance occurring, and each time that it shall occur, the High Contracting Parties shall regulate, by n. special convention, the forces which each of them shall employ against the common enemy, and the points at which these forces shall act ; but for the present they undertake to employ, if the circumstances require it, the totality of their land and sea forces. 3. All the operations of the common wars shall be car- ried on in concert, and neither of the Contracting Parties in any case can treat for peace without the concurrence and consent of the other. 4. If England does not accept the mediation of Russia or if having accepted it she does not by the first of November next consent to conclude peace, recognizing therein that the flags of all the Powers shall enjoy an equal and perfect in- dependence upon the seas and restoring therein the conquests made by it from France and its Allies since the year eighteen hundred and five, when Russia made common cause with it, a note shall be sent to the cabinet of St. James in the course of the said month of November by the Ambassa- 410 THE PEACE OF TILSIT dor of His Majesty the Emperor of all the Russias. This note, expressing the interest that his said Imperial Majesty- takes in the tranquility of the world and the purpose which he has of employing all the forces of his Empire to procure for humanity the blessing of peace, shall contain the positive and explicit declaration that, upon the refusal of England to conclude peace upon the aforesaid conditions, His Maj- esty the Emperor of all the Russias will make common' cause with France, and, in case the Cabinet of St. James shall not have given upon the ist of December next a categorical and satisfactory reply, the Ambassador of Russia shall re- ceive the contingent order to demand his passports on the said day and to leave England at once. 5. If the case provided for by the preceding article occurs, the High Contracting Parties shall act in concert and at the same moment summon the three courts of Copenhagen, Stock- holm and Lisbon to close their ports to the English, to re- call their Ambassadors from London, and to declare war upon England. That one of the three Courts which refuses this shall be treated as an enemy by the two High Contracting , Parties, and, if Sweden refuses it, Denmark shall be con- strained to declare war upon it. 6. The two High Contracting Parties shall likewise act in concert and shall urge with force upon the Court of Vienna* that it adopt the principles set forth in article four above, that it close its ports to the English, recall its Ambassador from London and declare war on England. 7. If, on the contrary, within the period specified above, England makes peace upon the aforesaid conditions [and His Majesty the Emperor of all the Russias shall employ all his influence to bring it about], Hanover shall be restored to the King of England in compensation for the French, Spanish and Dutch colonies. 8. Likewise, if in consequence of the changes which have just occurred at Constantinople, the Porte should not accept the mediation of France, or if after it has been accepted it should happen that, within the period of three months after the opening of the negotiations, they have not led to a sat- isfactory result, France will make common cause with Rus- sia against the Ottoman Porte, and the two High Contracting THE PELA.CE OF TILSIT 4II Parties shall come to an agreement to remove all the provinces of the Ottoman Empire in Europe, the city of Constantinople and the Province of Roumalia excepted, from the yoke and the vexations of the Turks. 9. The present treaty shall remain secret and shall not be made public nor communicated to any Cabinet by one of the two Contracting Parties without the consent of the other. It shall be ratified and the ratifications thereof exchanged at Tilsit within the space of four days. Done at Tilsit, July 7, 1807 (June twenty-fifth, eighteen hundred seven [Russian style]). C. Treaty of Peace between France and Prussia. July 9, 1807. De Clercq, Traifes, II, 217-223. His Majesty the Emperor of the French, King of Italy, Protector of the Confederation of the Rhine, and His Maj- esty the King of Prussia, being prompted by an equal desire to put an end to the calamities of war. . 1. There shall be, dating from the day of the exchange of the ratifications of the present Treaty, perfect peace and amity between His Majesty the Emperor of the French, King of Italy, and His Majesty the King of Prussia. 2. The portion of the Duchy of Magdeburg situated to the right of the Elbe; the Mark of Prignitz, the Unker- Mark, the middle and the new Mark of Brandenburg, with the exception of the Cotbuser-Kreis or circle of Cotbus in lower Lusace ; the duchy of Pomerania ; upper, lower and middle Silesia, with the county of Glatz; the portion of the district of Netze situated to the north of the causeway run- ning from Driesen to Schneidemiihl and of a line run- ning from Schneidemuhl to the Vistula at Waldau, follow- ing the limits of the circle of Bromberg ; Pommerellen ; the island of Nogat; the countries to the right of Nogat and the Vistula, to the east of Old Prussia and to the north of the cir- cle of Kulm; Ermeland; and, lastly, the Kingdom of Prussia, such as it was on January i, 1772, shall be restored to His Majesty the King of Prussia, with the places of Spandau, Stettin, Kustrin, Glogau, Braslau, Schweidnitz, Neisse, Brieg, Kosel, and Glatz, and generally all the places, citadels, chat- eaux, and strongholds of the countries denominated above, in 412 THE PEACE OF TILSIT the condition in which the said placets, citadels, chateaux and strongholds now are. The cities and citadels of Graudenz, with the villages of Neudorf, Parschken and Swirkorzy, shall also be restored to His Majesty the King of Prussia. 3. His Majesty the King of Prussia recognizes His Maj- esty the King of Naples, Joseph Napoleon; and His Majesty the King of Holland, Louis Napoleon. 4. His Majesty the King of Prussia likewise recognizes the Confederation of the Rhine, the actual state of possession of each of the sovereigns who compose it, and the titles given to several of them, whether by the Act of Confeder- ation or by the subsequent treaties of accession. His Majesty promises to recognize the Sovereigns who shall subsequently become members of the said Confederation, in the capacity which shall be given them by the documents which shall bring about their entrance to it. 5. The present Treaty of peace and amity is declared common to His Majesty the King of Naples, Joseph Napoleon, to His Majesty the King of Holland, and the Confederated Sovereigns of the Rhine, allies of His Majesty the Emperor Napoleon. 6. His Majesty the King of Prussia likewise recognizes His Imperial Highness Prince Jerome Napoleon as King of Westphalia. 7. His Majesty the King of Prussia cedes in complete 'Ownership and sovereignty to the Kings, Grand Dukes, Dukes or Princes who shall be designated by His Majesty the Em- peror of the French, King of Italy, all the Duchies, Marquis- doms. Principalities, Counties, Lordships and generally all the territories or parts of any territories, as well as all the domains and landed estates of every nature which His Said Majesty the King of Prussia possessed by any title whatsoever between the Rhine and the Elbe at the commencement of the present war. 8. The Kingdom of Westphalia shall be composed of prov- inces ceded by His Majesty the King of Prussia and of other States actually possessed by His Majesty the Emperor Na- poleon. 9. The disposition which shall be made by His Majesty the Emperor Napoleon of the countries designated in the two THE PEACE OF TILSIT 4M preceding articles and the state of possession resulting there- from to the Sovereigns for whose profit it shall have been made, shall be recognized by His Majesty the King of Prussia, in the same manner as if it were already effected and were contained in the present Treaty. 10. His Majesty the King of Prussia, for himself, his heirs and successors, renounces all present or contingent right which he can have or lay claim to : ist. Upon all the territories, without exception, situated between the Rhine and the Elbe other than those designated in article 7; 2d. Upon those of the possessions of His Majesty the King of Saxony and of the House of Anhalt which are upon the right of the Elbe; reciprocally, every present or contingent right and every claim of the States included between the Elbe and the Rhine upon the possessions of His Majesty the King of Prussia, as they shall be in consequence of the present Treaty, are and shall remain forever extinguished. 11. All Agreements, Conventions or Treaties of Alliance, open or secret, which may have been concluded between Prus- sia and any of the states situated to the left of the Elbe, and which the present war shall not have dissolved, shall remain without effect and shall be regarded as null and void. 12. His Majesty the King of Prussia cedes in complete ownership and sovereignty to His Majesty the King of Sax- ony the Cotbuser-Kreis or Circle of Cotbus in lower Lusatia. 13. His Majesty the King of Prussia renounces in per- petuity the possession of all the provinces which, having be- longed tc the Kingdom of Poland subsequent to the ist of Jan- uary, 1807, have passed at various times under the domination of Prussia, with the exception of Ermeland and the countries situated to the west of old Prussia, to the east of Pomerania and the new Mark, to the north of the circle of Kulm and of a line running from the Vistula to Schneidemiihl through Waldau, following the limits of the circle of Bomberg and of the causeway running from Schneidemiihl to Drisen, which, with the city and citadel of Graudenz and the villages of Neudorf, Parschken, and Swierkorzy, shall continue to be possessed in complete ownership and sovereignty by His Maj- esty the King of Prussia. 414 THE PEACE OP TILSIT 14. His Majesty the King of Prussia likewise renounces in perpetuity the possession of Dantzig. 15. The Provinces which His Majesty the King of Prussia renounces by article 13 above (with the exception of the territory specified in article 18 above) shall be possessed in complete ownership and sovereignty by His Majesty the King of Saxony, under the title of the Duchy of Warsaw, and shall be governed by constitutions which, while assuring the liber- ties and privileges of the peoples of this duchy, are consistent with the tranquility of the neighboring States. ig. The city of Dantzig, with a territory of two leagues radius from its circumference, shall be re-established in its independence, under the protection of His Majesty the King of Prussia and of His Majesty the King of Saxony and shall be governed by the laws which governed it at the time when it ceased to govern itself. 21. The city, port and territory of Dantzig, shall be closed during the continuance of the present maritime war to the commerce and navigation of the English. 27. Until the day of the exchange of the ratifications of the future definitive Treaty of peace between France and Eng- land, all the countries under the domination of His Majesty the King of Prussia, without exception, shall be closed to the navigation and commerce of the English. No shipment oan be made from Prussian ports for the British islands, nor can any vessel coming from England or its colonies be received in the said ports. Secret Articles. 2. His Majesty the King of Prussia engages to make com- mon cause with France against England, if, on the ist of De- cember, England has not consented to conclude a "peace upon conditions reciprocally honorable to the two nations and con- formable to the true principles of maritime law ; in, such case, THE PEACE OF TILSIT 415 there shall' be a special convention made to regulate the exe- cution of the above stipulation. D. Treaty between France and Prussia. September 8, 1808. De Clercq, Traites, II, 270-272. His Majesty the Emperor of the French, King of Italy, Protector of the Confederation of the Rhine and His Majesty the King of Prussia, wishing to remove the difficulties which have occurred in the execution of the treaty of Tilsit, . . I. The amount of the sums due from the Prussian States to the French army, as well for extraordinary contribution as for arrears of revenues, is fixed at 140 million francs ; and by means of the payment of the said sum, every claim of France upon Prussia, on the ground of war contributions, shall be ex- tinguished. This sum of 140 millions shall be deposited within twenty days from the exchange of the ratifications of the pres- ent Treaty in the counting house of the Receiver General of the array, to wit : half in ready money or in good and accept- able bills of exchange, payable at the rate of 6 millions per month dating from the day of the exchange of the ratifications and the payment of which ,shall be guaranteed by the Prus- sian treasury. The other half [shall be] in land notes of priv- ileged mortgage upon the royal domains, which shall be reim- bursable within the space of from one year to eighteen months after the exchange of the ratifications of the present treaty. S. The places of Glogau, Stettin and Custrin shall remain ir. the power of the French army until the entire discharge of the bills of exchange and the land notes given in payment of the contribution mentioned in the first article. 15. His Majesty the Emperor and King guarantees to His Majesty the King of Prussia the integrity of his territory, on condition that His Majesty the King of Prussia remains the faithful ally of France. 16. His Majesty the King of Prussia recognizes as King of Spain and of the Indies His Majesty Joseph-Napoleon, and as King of the Two Sicilies His Majesty Joachim-Napoleon. 4i6 THE PEACE OF TILSIT Separate Articles. 1. His Majesty the King of Prussia, wishing to avoid everything which can give umbrage to France, makes engage- ment to maintain for ten years, dating from January i, i8og, only the number of troops specified below, to wit : 10 Regiments of infantry, forming at most an effec- tive of 22,000 men. 8 Regiments of cavalry or 32 squadrons forming at most an etEective of 8,000 A Corps of artillerymen, miners and sappers, at most of 6,000 Not included the Guard of the King estimated, in- fantry and cavalry, at most 6,000 Total, 42,000 men. 2. At the expiration of the ten years, His Majesty the King of Prussia shall re-enter into the common right and shall maintain the number of troops which shall seem to him suit able, according to circumstances. 3. During these ten years there shall not be any extraordi- nary levy of militia or of citizen guards, nor any mustering that tends to augment the forces above specified. 5. In return for the guarantee stipulated in the Treaty of this day, and as security of the alliance contracted with France, His Majesty the King of Prussia promises to make common cause with His Majesty the Emperor of the French if war comes to be declared between him and Austria, and in that case, to place at his disposal a division of 16,000 men, infantry as well as cavalry and artillery. The present engagement shall continue for ten years. Never- theless, the King of Prussia, not having been able yet to form his military establishment, shall not be held for any contingent during the present year, and shall be bound to furnish in the year i8og, if war should break out, which the present amicable relations between France and Austria in no wise give occasion to fear, only a contingent of 12,000 men, infantry as well as cavalry. SUPPRESSION OF THE TRIBUNATE 417 80. Senatus-Consultum for Suppressing the Tribunate. August 19, 180T. Duvergier, Lois, XVI, 151-152. Before its suppression by tliis document tlie Tribunate bad been tbe forum for tbe discussion of legislative measures. Altbougb its meetings were not public tbis discussion was displeasing to Na- poleon and he dissolved it, in order "to simplify and perfect tbe institutions." The mannef of its suppression and the substitute arrangement should be noted. Rbfidrences. Lanfuey, Napoleon, III, 333-336; Lavisse and Rambaud, Histoire Generale, IX, 228-229. 1. For the future, counting from the end of the session which is about to open, the preliminary discussion of the laws which is carried on by the sections of the Tribunate shall be performed, during the continuance of each session, by three ■commissions of the Corps-Legislatif, under the titles : The first, of commission of civil and criminal legislation; The second, of commission of internal administration ; The third, of commission of the finances. 2. Each of these commissions shall deliberate separately and without spectators ; they shall be composed of seven mem- bers selected by the Corps-Legislatif through secret ballot and a majority of the votes. The president shall be appointed by the Emperor, either from among the members of the commis- sion or from among the other members of the Corps-Legisla- tif. 3. The form of the ballot shall be arranged in such a man- tier that there may be, as far as shall be possible, four juris- consultes upon the commission of legislation. 4. In case of disagreement of opinion between the section of the Council of State which shall have drawn up the project of law and the proper commission of the Corps-Legislatif, both of them shall meet together in conference under the presidency of the Archchancellor of the Empire or the Archtreasurer, ac- cording to the nature of the matters to be examined. 5. If the Councillors of State and the members of the com- mission of the Corps-Legislatif are of the same opinion, the president of the commission shall be heard, after the orator of the Council of State shall have set forth before the Corps- Legislatif the reasons for the law. 6. When the commission shall have decided against the project of law, all the members of the commission shall have 14 4i8 OVERTHEOW OF THE SPANISH MONAECHY power to set forth before the Corps-Legislatif the reasons for their opinion. ,. 7. The members of the commission who shall have dis- cussed a project of law shall be admitted, as are the other members of the Corps-Legislatif, to vote upon the project. 8. When circumstances shall give occasion for the exam- ination of some project of particular importance, it shall be lawful for the Emperor, in the interval of two sessions, to sum- mon the members of the Corps-Legislatif necessary to form the commissions, who shall proceed immediately to the preliminary discussion of the project: these commissions shall be ap- pointed for the next session. 9. The members of the Tribunate who, by the terms of the act of the Conservative Senate dated 17 Fructidor, Year X ought to remain until in the Year XIX, and whose powers, by article 89 of the act of the constitutions of the Empire of 28 Floreal, Year XII, have been extended until in the Year XXI, corresponding to the year 1812 of the Gregorian calendar, shall enter the Corps-Legislatif and shall make part of that body until the date at which their functions would have ceased in the Tribunate. 10. For the future, nobody can be chosen a member of the Corps-Legislatif unless he is at least fully forty years of age. 81. Documents upon the Overthrow of the Spanish Monarchy. Tlie first of these documents shows the manner in which Na- poleon secured the military position in Spain which enabled him to dictate terms to the Spanish Ijing and heir apparent. Docu- ment B shows the terms forced upon the King. A similar agree- ment was also forced upon the heir apparent. In both documents- B and C there is something shown in regard to the manner in which the transaction was effected and oflBcially justified. Ekfehbnces. Fyffie, Modern Europe, I. 367-387 (Popular ed., 247-261); Poumier, Napoleon, 425-436; Rose, Napoleon, II, Ch. XXVIII : Sloane, Napoleon, III, 95-119 ; Lanfrey, Napoleon, III 299-314, 362-433 ; Hume, Modern Spain, 78-134 ; Henry Adamsl History of the United States, IV, 115-125, 290-291, 297-303, 315- 316; Lavisse and Eambaud, Uistoire Generale IX 185-191 ' 200- 208. "A. Convention of Fontainebleau. October 27, 1807. be Clercq, Traites, 11, 235-236. OVBRTHEOW OP THE SPANISH MONARCHY 419 His Majesty the Emperor of the French, King of Italy, etc., etc., etc., and His Majesty the King of Spain, desiring to reg- ulate by a joint agreement the interests of the two States and to determine the future fate of Portugal, in a manner consistent with the policy of the two countries, . . . 1. The provinces between the Minho and the Duero, with the city of Oporto, shall be given in full ownership and sover- eignty to His Majesty the King of Etruria, under the title of King of Northern Lusitania. 2. The Province of Alemte and the Kingdom of Algarve shall be given in full ownership and sovereignty to the Prince of the Peace, to be enjoyed under the title of Prince of Al- garve. 3. The Provinces of Beira, Tras-os-Montes, and Portu- guese Estremadura, shall remain in trust until the general peace, to be disposed of then according to circumstances, and according to what shall be agreed upon between the 2 High Contracting Parties. 9. His Majesty the King of Etruria cedes in complete own- ership and sovereignty the Kingdom of Etruria to His Maj- esty the Emperor of the French, King of Italy. 11. His Majesty the Emperor of the French, King of Italy, guarantees to His Majesty the King of Spain the possession of his States on the Continent of Europe situated to the south of the Pyrenees. 12. His Majesty the Emperor of the French, King of Italy, agrees to recognize and to cause to be recognized His Majesty the King of Spain as Emperor of the Two Americas, when everything shall be prepared so that His Most Catholic Majesty can take that title, which shall be at the general peace or at the latest within three years. 13. The two High Contracting Parties shall agree to make an equal partition of the islands, colonies and other beyond- the-sea possessions of Portugal. 14. The present convention shall remain secret ; it shall be ratified and the ratifications thereof shall be exchanged at Madrid at the latest twenty days after the signing. 420 OVEKTHROW OP THE SPANISH MONARCHY B. Convention with Charles IV. May 5, 1808. De Clercq, Traites, II, 246-248. Napoleon, Emperor of the French, King of Italy, Protector of the Confederation of the Rhine, and Charles IV, King of Spain and the Indies, animated by an equal desire to promptly put an end to the anarchy to which Spain is a prey and to save that valiant nation from the agitations of factions, wishing to spare it all the convulsions of civil and foreign war and to place it without disturbances in the only position which, under the extraordinary circumstances in which it finds itself, can pre- serve its integrity, guarantee it its colonies and enable it also to unite all its means with those of France in order to obtain a maritime peace, have resolved to unite all their efforts and to regulate in a special convention such precious interests . . 1. His Majesty King Charles having had in view during all his life only the welfare of his subjects, and relying upon the principle that all the acts of a sovereign ought to be done only in order to attain that aim; able to be under the existing cir- cumstances only a source of dissensions, all the more fatal since the factions have divided his own family, has resolved to cede, as he does cede by the present [convention], to His Maj- esty the Emperor Napoleon all his right to the throne of Spain and the Indies, as to the only one who at the point to which affairs therein have arrived can re-establish order; intending that the said cession shall take place only in order to cause his subjects to enjoy the two following conditions. 2. 1st. The integrity of the Kingdom shall be maintained ; the Prince whom the Emperor Napoleon shall decide that he ought to place upon the throne of Spain shall be independent, and the boundaries of Spain shall not suffer any alteration. 2d. The Catholic, Apostolic and Roman religion shall be the only one in Spain; there cannot be tolerated there any re- formed religion and still less infidelity, according to the usage established today. [The omitted articles provide, inter alia, that the Spanish royal family shall have a refuge in France, a palace and grounds, a stipulated income and the enjoyment of their jroyal rank.] ERFURT CONVENTION 421 II. The present convention shall remain secret until the Two High Contracting Parties shall see fit to make it known; it shall be ratified, and the ratification thereof shall be ex- changed within eight days or as much sooner as shall be pos- sible. Done at Bayonne, May 5, 1808. C. Imperial Decree proclaiming Joseph Bonaparte King of Spain. June 6, 1808. Moniteur, June 22, 1808. Napoleon, by the grace of God, Emperor of the French, King of Italy, Protector of the Confederation of the Rhine, to all those who shall see these presents, greeting. The Junta of State, the Council of Castile, the city of Ma- drid, etc., etc., having made known to us by addresses that the welfare of Spain requires that an end should be promptly put to the interregnum, we have resolved to proclaim, as we do proclaim by the present [proclamation], that our well beloved brother Joseph Napoleon, at present King of Naples and Sicily, is King of Spain and the Indies. We guarantee to the King of Spain the integrity of his States, whether in Europe, Africa, Asia, or America. We enjoin upon the lieutenant general of the kingdom, the ministers, and the Council of Castile, to cause the present pro- clamation to be despatched and published in the accustomed forms, in order that nobody can pretend grounds of ignorance of it. Given at our imperial palace at Bayonne, June 6, 1808. Signed, Napoleon. 82. The Erfurt Convention. October 12, 1808. De Clercq, Traites, II, 284-286. This document should he studied in connection with No. 79. The Spanish rising against Napoleon for a time threatened to pro- duce a general rising against his domination. Napoleon, however, induced the Czar to meet him at Erfurt, where a series of confer- ences led to the signing of this convention. The consolidation of the Franco-Russian alliance prevented the threatened general ris- ing. Both the general character and the special terms of this alliance, as set forth in the document, merit careful attention. Refbi!enc):s. Fournier, Napoleon, 438-444 ; Rose, Napoleon, II, 422 BEFURT CONVENTION 164-170; Sloane, Napoleon, III, 133-138.; Lanfrey, Napoleon, III, 485-494 ; Lavisse and Eambaud, Histoire Oenerale, IX, 135-147. His Majesty the Emperor of the French, King of Italy, Protector of the Confederation of the Rhine, and His Majesty the Emperor of all the Russias, wishing to cause the alliance which unites them to be more and more close and forever dur- able, and reserving to themselves to agree subsequently, if there is need, upon the new determinations to be taken and the new means of attack to be directed against England, their common enemy and the enemy of the continent, have resolved to estab- lish in a special convention the principles which they are de- termined to follow invariably in all their measures to obtain the re-establishment of peace. 1. His Majesty the Emperor of the French, King of Italy, etc., and His Majesty the Emperor of all the Russias confirm and, in as far as there is need, renew the alliance concluded between them at Tilsit; binding themselves, not only not to make any separate peace with the common enemy, but in ad- dition not to enter into any negotiation with it, and not to listen to any of its proposals except by common consent. 2. Thus resolved to remain inseparably united for peace as well as for war, the High Contracting Parties agree to ap- point Plenipotentiaries to treat for peace with England and to send them for this purpose to the city of the continent which England ishall designate. 3. In all the course of the negotiation, if it occurs, the re- spective Plenipotentiaries of the High Contracting Parties shall constantly act with the most perfect accord, and it shall not be permissible for either of them to support, nor even to receive or approve contrary to the interests of the other Contracting Party any proposal or demand of the English Plenipotentiaries, which, taken by itself and favorable to the interests of England, may also present some advantage to one of the Contracting Parties. 4. The basis of the treaty with England shall be the uti possidetis. 5. The High Contracting Parties bind themselves to con- sider as an absolute condition of peace with England that she ERFURT CONVENTION 423 shall recognize Finland, Wallachia, and Moldavia as making l)art of the Empire of Russia. 6. They agree to consider as an absolute condition of the peace that England shall recognize the new order of things established by France in Spain. 7. The High Contracting Parties agree not to receive from the side of the enemy during the continuance of the negotia- tions any proposal, offer or communication whatsoever, without immediately sharing it with the respective courts : and if the said proposals are made at the Congress assembled for the peace, the respective Plenipotentiaries shall be bound to com- municate them. 8. His Majesty the Emperor of all the Russias, in conse- quence of all the revolutions and changes which disturb the Ot- toman Empire and which do not leave any possibility of giving, and in consequence any hope of obtaining, sufficient guarantees for the persons and goods of the inhabitants of Wallachia and Moldavia, having already carried the limits of his Empire to the Danube on that side and united Wallachia and Moldavia with his Empire, and being able only on that condition to recognize the integrity of the Ottoman Empire, the Emperor Napoleon recognizes the said union and the said limits of the Russian Empire, extended on that side to the Danube. 9. His Majesty the Emperor of all the Russias agrees to keep in the most profound secrecy the preceding article and to enter upon a negotiation, either at Constantinople or anywhere else, in order to obtain amicably, if that be possible, the cession of these two provinces. France renounces its mediation. The Plenipotentiaries or agents of the two powers shall agree upon the language to be held, in order not to compromise the friend- ship existing between France and the Porte, nor the security of the French who reside in the Turkish dominions in order to prevent the Porte throwing itself into the arms of England. 10. In case the war should happen to be rekindled, the Ot- toman Porte refusing the cession of the two provinces, the Emperor Napoleon shall not take any part therein and shall confine himself to the employment of his good offices with the Ottoman Porte; but if it should happen that Austria or any other power should make common cause with the Ottoman Empire in the said war. His Majesty the Emperor Napoleon 424' FRENCH REPUBLIC shall immediately make common cause with Russia, being obliged to consider this case as one of those of the general al- liance which unites the two Empires. In case Austria should engage in war against France, the Emperor of Russia agrees to declare himself against Austria and to make common cause with France, that case being likewise one of those to which the alliance that unites the two Empires applies. 11. The High Contracting Parties bind themselves, more- over, to maintain the integrity of the other possessions of the Ottoman Empire, not wishing to undertake themselves or suffer that there should be undertaken any enterprise against any part of that Empire, unless they should be previously informed of it. 12. If the measures taken by the two High Contracting Parties are unavailing, either because England evades the pro- posal which shall be made to it, or because the negotiations are broken off, their Imperial Majesties shall meet again within the space of one year, in order to agree upon the operations of the common war and upon the means to pursue it with all the forces and all the resources of the two Empires. 13. The two High Contracting Parties, wishing to recog- nize the loyalty and the perseverance with which the King of Denmark has supported the common cause, agree to procure for him an indemnification for his sacrifices and to recognize the acquisitions which he shall have been in a position to make in the present war. 14. The present convention shall be kept secret for at least the space of ten years. 83. Decree upon the Term, French Republic. October 22, 1808. Duvergier, Lois, XVI, 312. The time and manner in whicli the idea of the Republic dis- appeared from French institutions is a matter of much importance for the comprehension of the method whereby Napoleon built up his power. This document serves to fix the date of its final dis- appearance ; something of the manner in which it was eliminated can be seen from an examination of Nos. 58, 66 E and 71. Eefbkence. Aulard, Itevohition Francaise, 778-780. I. The monies which shall be coined dating from January ANNEXATIONS OF 1809-1810 42s I, 1809, shall bear for legend upon the reverse of the piece the words, French Empire, in lieu of those of French Republic. 2. Our Minister of Finance is charged with the execution of the present decree. 84. Documents upon the Annexations of 1809-1810. In 1809-1810 Napoleon annexed to France a great deal of ter- ritory. All of it had for some time been dependent upon France. These documents show most of the territory taken, some of the reasons assigned for its annexation, something of the manner in which the former rulers were treated, and the kind of special ar- rangements made for the territory as part of France. Eefeeexces. Fyffe, Modern Europe, I, 4.36-441 (Topular ed., 294-297) ; B'ournier, Napoleon, 40.5-498, 306-511 ; Rose, Napoleon. II, 141-142, 193-198 ; Sloane, Napoleon, III, 201-204, 211-214 ; Lanfrey, Napoleon, IV, 252-204. 27S-303, 341-343 ; Lavisse and Eambaud, Histoire Gencralc, IX, 275-278, 766-767. As the Empire of Napoleon was at its height following these annexations, its territorial extent and the relationship of the va- rious parts may be profitably studied at this point. Maps. Droysen, tlistoriseltcr Band-Atlas, 59 ; Lane-Poole, His- torieal Atlas of Modern Europe, LIX ; Schrader, Atlas de Geo- graphic Jflistorigue, 43 ; Vidal-Lablache, Atlas General, 40-41. A. Imperial Decree for the Annexation of the Papal States. May 17, i8og. Correspondancc de Napoleon I, XIX, 15-16. Translation, James Harvey Robinson, University of Pennsyl- vania Translations and Reprints. Napoleon, Emperor of the French, King of Italy, Pro- tector of the Confederation of the Rhine, etc., in consideration of the fact that when Charlemagne, Emperor of the French and our august predecessor, granted several counties to the Bishops of Rome he ceded these only as fiefs and for the good of his realm and Rome did not by reason of this Cession cease to form a part of his empire ; farther that since this asso- ciation of spiritual and temporal authority has been and still is a source of dissensions and lias but too often led the pontiffs to employ the influence of the former to maintain the pre- tensions of the latter, and thus the spiritual concerns and heav- enly interests which are unchanging have been confused with 426 ANNEXATIONS OF 1809-1810 terrestrial affairs which by their nature alter according to circumstances and the policy of the time; and since all our proposals for reconciling the security of our armies, the tran- quility and the welfare of our people and the dignity and in- tegrity of our Empire, with the temporal pretensions of the Popes have failed, we have decreed and do decree what fol- lows: 1. The Papal States are reunited to the French Empire. 2. The City of Rome, so famous by reason of the great memories which cluster about it and as the first seat of Christianity, is proclaimed a free imperial city. The organiza- tion of the government and administration of the said city shall be provided by a special statute. 3. The remains of the structures erected by the Romans shall be maintained and preserved at the expense of our treas- ury. 4. The public debt shall become an imperial, debt. 5. The lands and domains of the Pope shall be increased to a point where they shall produce an annual net revenue of two millions. 6. The lands and domains of the Pope as well as his palaces shall be exempt from all taxes, jurisdiction or visita- tion, and shall enjoy special immunities. 7. On the first of June of the present year a special consultus shall take possession of the Papal States in our name and shall make the necessary provisions in order that a constitutional system shall be organized and may be put in force on January first 1810. Given at our Imperial Camp at Vienna, May 17th, 1809. Napoleon. B. Organic Senatus-Consultum for the Annexation of the Papal States. February 17, 1810. Duvergier, Lois, XVII, 27. TITLE I. OF THE UNION OF THE STATES OF ROME WITH THIJ EMPIRE. 1. The State of Rome is united with the French Empire and makes an integral part thereof. 2. It shall form two departments, the department of Rome and the department of Trasimeno. 3. The department of Rome shall have seven deputies in ANNEXATIONS OF 1809-1810 427 the Corps-Legislatif ; the department of Trasimeno shall have four. 5. There shall be a senatorship established for the depart- ments of Rome and Trasimeno. 6. The city of Rome is the second city of the Empire. The mayor of Rome is present at the taking of the oath by the Emperor at his accassion : he takes rank, along with the depu- tation of the city of Rome, on all occasions immediately after the mayors and deputations of the city of Paris. 7. The Prince Imperial bears the title and receives the honors of King of Rome. 8. There shall be at Rome a prince of the blood or a grand dignitary of the Empire, who shall hold the court of the Emperor. 10. After having been crowned in the church of Notre Dame at Paris, the Emperors shall be crowned in the church of Saint Peter at Rome, before the tenth year of their reign. 11. The city of Rome shall enjoy the special privileges and immunities which shall be determined by the Emperor Napoleon. TITLE II. OF THE INDEPENDENCE OF THE IMPERIAL THEONE OF EVERY AUTHORITY UPON EARTH. 12. Any foreign sovereignty is incompatible with the exer- cise of any spiritual authority within the interior of the Em- pire. 13. At the time of their elevation [to the papal dignity], the Popes shall take oath never to do anything contrary to the four propositions of the Galilean Church, decreed in the as- sembly of the clergy in 1682. 14. The four propositions of the Galilean Church are de- clared common to all the Catholic churches of the Empire. TITLE m. OF THE TEMPORAL POSITION OF THE POPES. 15. Palaces shall be prepared for the Pope in the different places of the Empire in which he may wish lu reside. There shall be necessarily one at Paris and one at Rome. 428 ANNEXATIONS OP 1809-1810 16. Two millions of revenue in rural estates^ free from all taxation and situated in the different parts of the Empire, shall be assigned to the Pope. 17. The expenses of the Sacred College and of the Propa- ganda are declared imperial [expenses]. C. Treaty with Holland. March 16, 1810. De Clercq, Traites, II, 328-330. His Majesty the Emperor of the French, King of Italy, Protector of the Confederation of the Rhine, Mediator of the Swiss Confederation, and His Miajesty the King of Holland, wishing to put an end to the difficulties which have arisen be- tween them and to reconcile the independence of Holland with the new circumstances in which the Orders in Council of Eng- land of 1807 have placed all the maritime Powers, have agreed to come to an understanding, and have appointed plenipoten- tiaries for that purpose, to wit : . . . 1. Until the British Government has formally renounced the methods comprised in its Orders in Council of 1807, all commerce whatsoever between the ports of Holland and the ports of England is forbidden. If there is occasion to give li- censes, those given in the name of the Emperor shall be the only valid ones. 2. A body of troops consisting of 18,000 men,_ of which 3,000 shall be cavalry, composed of 6,000 Frenchmen and 12,000 Hollanders, shall be placed at all the mouths of the rivers with the employes of the French customs-houses, in order to watch over the execution of the preceding article. 3. These troops shall be taken care of, fed and clothed by the government of Holland. 4. Every prize taken upon the coasts of Holland by French ships of war or privateers from vessels contravening article i shall be declared good prize ; in case of doubt the difficulty can be adjudged only by His Majesty the Emperor. 5. The provisions contained in the above articles shall be annulled as soon as England shall have solemnly revoked its Orders in Council of 1807, and from that moment the French troops shall evacuate Holland and shall leave it to enjoy the whole of its independence. 6. It being a constitutional principle in France that the ANNEXATIONS OF 1SO9-1810 429 Thalweg of the Rhine is the boundary of the French Empire, :ind the ship yards of Antwerp, being unguarded and exposed through the existing situation of the boundaries of the two States, His Majesty the King of Holland cedes to His Mjajesty the Emperor of the French, etc., Dutch Brabant, the whole of Zeeland, including therein the island of Sohouwen, and part of Gelderland upon the left bank of the Waal, in such a manner that the boundary of France and of Holland shall be henceforth the Thalweg of the Waal, . . 8. His Majesty the King of Holland, in order to co-oper- nte with the forces of the French Empire, shall have at anchor a fleet of 9 ships of the line and. 6 frigates, armed and pro- visioned for six months and ready to put sail on July ist next, and a flotilla of 100 gunboats or other ships of war. This force shall be kept up and made constantly disposable during the entire war. 10. All merchandise arriving upon American vessels en- tered into the ports of Holland since January i, 1809, shall be placed in sequestration -and shall belong to France to be disposed of according to circumstances and its political re- lations with the United States. 11. AH merchandise of English manufacture is prohib- ited in Holland. 12. Police measures shall be taken to look after and to cause the arrest of insurers of contraband, contrabandists, their abettors, etc. ; finally, the government of Holland agrees that it will destroy contraband. 15. Filled with confidence as to the manner in which the engagements resulting from the present treaty will be ful- filled, His Majesty the Emperor and King guarantees the in- tegrity of the possessions of Holland as they shall be in virtue of this treaty. 16. The present treaty shall be ratified and the ratifications thereof shall be exchanged at Paris within the space of fifteen days or sooner if it is possible to do so. Done at Paris, March 16, 1810. 430 TEEATY OF VIENNA D. Organic Senatus-Consultum for the Annexation of Holland and North Germany, December 13, 1810. Duvergicr, Lois, XVII, 23s. 1. Holland, the Hanseatic cities, Lauenburg, and the coun- tries situated between the North Sea and a line drawn from the confluence of the Lippe with the Rhine to Haltern, from Haltern to the Ems below Telgte ; from the Ems to the con- fluence of the Werre with the Weser, and from Stozenau upon the Weser to the Elbe below the confluence of the Steckenitz, shall make an integral part of the French Empire. 2. The said countries shall form ten departments to wit: 3. The number of deputies of these department in the Corps-Legislatif shall be . . . [29 in all]. 8. One senatorship shall be established for the depart- ments forming the jurisdiction of the Imperial Court of the Hague, and another for the departments forming the juris- diction of the Imperial Court of Hamburg. 9. The cities of Amsterdam, Rotterdam, Hamburg, Bre- men, and Lubeck, are included among the good cities of which the mayors are present at the taking of the oath of the Emperor at his accession. 85. Treaty of Vienna. October 14, 1809. De Clercq, Traltcs, II, 293-299. This treaty came at the end of the fourth war which Austria had fought against France since the beginning of the Revolution. Its terms should be compared with those of the three preceding treaties, Campo Formio, Lungvllle and Pressbui-g (Nos. 55, 62, 74) Ebfeeencbs. FyflEe, Modern Europe, I, 430-433 (Popular ed., 289-292) ; Fournier, Napoleon, 477-482 ; Lanfrey, Napoleon, IV, 213-224 ; Sloane, Napoleon, III, 182-186 ; Lavlsse and Eambaud, Mistoire Generate, IX, 176-177. Map. Schrader, Atlas de GeograpMe Bistorique, 48. His Majesty the Emperor of the French, King of Italy, TREATY OF VIENNA 43I Protector of the Confederation of the Rhine, Mediator of the Swiss Confederation, and His Majesty the Emperor of Aus- tria, King of Hungary and of Bohemia, equally prompted by the desire to put an end to the war that has been kindled be- tween them, have resolved to proceed without delay to the conclusion of a definitive treaty of peace, . I. There shall be, dating from the day of the exchange of the ratifications of the present Treaty, peace and amity be- tween His Majesiy the Emperor of the French, King of Italy, Protector of the Confederation of the Rhine, and His Maj- esty the Emperor of Austria, King of Hungary and of Bohe- mia, their heirs and successors, their respective States and subjects, forever. 3. His Majesty the Emperor of Austria, King of Hungary and of Bohemia, both for himself, his heirs and successors, and for the Princes of His House, their respective heirs and successors, renounces the principalities, lordships, domains ■ and territories hereinafter designated, as well as every title whatsoever which may be derived from their possession, and the properties, whether domanial or possessed by them under personal title, which these countries include. 1st. He cedes and abandons to His Majesty the Emperor of the French, in order to make part of the Confederation of the Rhine and to be disposed of in favor of the Sovereigns of the Confederation : the countries of Salzburg and Berecht- esgaden, the portion of Upper Austria situated beyond a line setting out from the Danube near the village of Strass and taking in Weissenkirchen, Wiedersdorf, Michelbach, Greist, Muckenhofifen, Helft, Jeding, from there the road to Schwan- enstadt, the city of Schwanenstadt upon the Kammer, and in continuation reascending the course of that river and of the lake of that name to the point at which that lake touches the frontier of the country of Salzburg. 2d. He likewise cedes to His Majesty the Emperor of the French, King of Italy, the County of Gorz, the territory of Montefalcone, the Government of the city of Trieste, Carniola with its enclaves upon the Gulf of Trieste, the circle of Vilach in Carinthia, and all the countries situated to the right of the 432 TREATY OF VIENNA Save, in setting out from the point at which that river leaves Carniola and following it to the frontier of Bosnia, to wit: part of provincial Croatia, six districts of military Croatia, Fivime and the Hungarian littoral, the Austrian Istria or dis- trict of Kiisten, the dependent islands of these ceded countries and all the other countries under whatsoever denomination upon the right bank of the Save, the Thalweg of that river serving as boundary between the two States ; lastly, the lord- ship of Razuns, enclave within the country of the Grisons. 3d. He cedes and abandons to His Maiesty the King of Saxony the enclaves dependent upon Bohemia and included within the territory of the Kingdom of Saxony, to wit: . . . 4th. He cedes and abandons to His Majesty the King of Saxony, in order to be united to the Duchy of Warsaw, all eastern •r new Galicia, a district about Cracow upon the right bank of the Vistula, which shall be determined here- after, and the circle of Zamoste in eastern Galicia. 5th. He cedes and abandons to His Majesty the Em- peror of Russia, in the most eastern part of former Galicia, a territory comprising four hundred thousand souls of pop- ulation, in which the city of Brody shall be included. This territory shall be determined by agreement between commis- sioners of the two Empires. 14. His Majesty the Emperor of the French, King of Italy, Protector of the Confederation of the Rhine, guarantees the integrity of the possessions of His Majesty the Emperor of Austria, King of Hungary and of Bohemia, in the state in ^^hich they are according to the present treaty. 16. His Majesty the Emperor of Austria recognizes all the changes which have occurred or which may occur in Spain, in Portugal, and in Italy. 16. His Majesty the Emperor of Austria, wishing to con- tribute to the return of maritime peace, adheres to the pro- hibitive system adopted by France and Russia in opposition to England for the present maritime war. His Imperial Maj- esty will cause all relations with Great Britain to cease and PRINTING AND BOOKSELLING LAW 433 will put himself, as regards the English Government, in the position in which he was before the present war. Separate Articles. 1. In .virtue of the authorisation given by His Majesty the Emperor of Russia, the treaty of peace of this day is declared to be common to Russia, the Ally of France. 2. His Majesty the Emperor of Austria, m consequence of the diminution of his possessions and being anxious to remove everything which might give birth to uneasiness and distrust between the two States, as well as to manifest his political intentions, binds himself to reduce the rolls of his troops in such a manner that the total number of the troops of all arms and of every sort shall not rise above 150,000 men during the continuance of the maritime war. 5. His Majesty the Emperor of Austria, King of Hungary and of Bohemia, shall discharge in coin that which remains to be paid of the two hundred millions of contributions im- posed upon the different States occupied by the French armies, whether in bank notes or in metallic value. In order to fa- cilitate the payment of this sum, His Majesty the Emperor of the French consents to reduce it to 85,000,000 francs. . 86. Decree upon Printing and Bookselling. February 5, 1810. Duvergier, Lois, XVII, 19-23. This law is a sort of organic act upon the press. It co-ordi- nates and consolidates a number of earlier measures in restraint of freedom of printing. The system delineated in the document had existed, substantially as here shown, from about 1804. References. Dickinson, Revolution and Reaction in Modern France, 46-48 ; Lanfrey, Napoleon, IV, 316-326. TITLE I. OF THE DIRECTORSHIP OF PRINTING AND BOOKSELLING. I. There shall be a director general charged, under the orders of our minister of the interior, with everything that is related to printing and bookselling. 434. PRINTING AND BOOKSELLING LiAW TITLE II. OF THE OCCUPATION OF PRINTER. 3. Dating from January i, 1811, the number of printers in each department shall be fixed, and that of the printers at Paris shall be reduced by a sixth. 5. The printers shall be commissioned and sworn. 6. At Paris they shall be required to have four presses, in the departments two. 9. The commission of printer shall be given by our director general of printing, and shall be subject to the approval of our minister of the interior; it shall be registered at the civil tri- bunal of the place of residence of the grantee, who shall there take oath not to print anything which is contrary to the duties towards the sovereign and the interest of the State. TITLE III. OF THE POLICE FOR PRINTING. Section I. Of the guarantee for the administration. 10. Printing or causing to be printed anything which can involve injury to the duties of subjects towards the sovereign or the interests of the State is forbidden. . 11. Each printer shall be required to have a book num- bered and lettered by the prefect of the department, in which he shall register, by order of dates, the title of each work which he shall wish to print, and the name of the author, if it is known. This book shall be presented at every requi- sition, and examined and endorsed, if it is thought desirable, by any officer of police. 12. The printer shall immediately deliver or address to the director general of printing and bookselling, and in ad- dition to the prefects, a copy of the transcript made upon his book; and the declaration that he has an intention of printing the work: he shall be given a receipt therefor. The prefects shall give information of each of these dec- larations to our. minister of the general police. 13. The director general can order, if it seems good to him, the communication and examination of the work, and can suspend the printing. 14. When the director general shall have suspended the printing of a work, he shall send it to a censor chosen from FEINTING AND BOOKSELLING LAW 435 imong those whom we, upon the advice of the director general and the proposal of our minister of the interior, shall have ap- pointed to discharge that function. 15. Our minister of the general police, and the prefects in their departments, shall cause to be suspended the printing of all works which shall appear to them to be in contraven- tion to article 10 : in that case, the manuscript shall be sent within twenty-four hours to the director general, as is said above. 16. Upon the report of the censor, the director general shall indicate to the author the changes or suppressions deemed appropriate, and, upon his refusal to make them, shall forbid the sale of the work, shall cause the forms to be broken, and shall seize the sheets or copies already printed. TITLE IV. OF BOOKSELLERS. 29. Dating from January i, 1811, booksellers shall be commissioned and sworn. 30. The commissions for booksellers shall be given by our director general of printing, and shall be subject to the ap- proval of our minister of the interior: they shall be registered at the civil tribunal of the place of residence of the grantee, who shall there take oath not to sell, circulate or distribute any work contrary to the duties towards the sovereign and the interest of the State. 33. For the future, warrants shall not be granted to book- sellers who shall wish to establish themselves, except after they shall have furnished proof of their good life and morals and of their attachment to the fatherland and the sovereign. TITLE V. OF BOOKS PRINTED ABROAD. 34. No book in the French or Latin languages printed abroad can enter France without paying an import duty. 35- This duty shall not be less than fifty per cent of the value of the work. 36. Independently of the provisions of article 34, no book printed or reprinted outside of France can be introduced into France without a permit from the director general of book- selling designating the custom house at which it shall enter. 436 I'HE FEANKFORT DECLARATION 87. The Frankfort Declaration. December 1, 1813. British and Foreign State Papers^ I, 911. This manifesto of the Allied Powers was issued just as tlieir armies were about to enter France. Its purpose as shown by various expressions in the document should be noticed. Its phras- eology upon such points as the future of France and its boundaries also requires attention. The latter may be compared with that of the first draft as quoted by Fournier. REFEr.EN'CES. Fournier, Napoleon, 648-650 ; Rose, Napoleon, II, 346-347 ; Lavisse and Eambaud, Hlstoire Generate, IX, 848-849. The French Government has just ordered a new levy of 300,000 conscripts. The reasons of the senatus-consultum con- tain a provocation to the AlHed Powers. They find themselves again called upon to promulgate in the face of the world the views which govern them in the present war, the principles which constitute the basis of their conduct, their views and their determinations. i/' The Allied Powers are not at war with France, but with that haughtily announced preponderance, that preponderance which, to the misfortune of Europe and of France, the Em- peror Napoleon has for too long a time exercised outside of the boundaries of his Empire. Victory has led the Allied Armies to the Rhine. The first use which their Imperial and Royal Majesties have made of victory has been to offer peace to His Majesty the Emperor of the French. An attitude reinforced by the accession of all the Sovereigns and Princes of Germany has not had any influence upon the conditions of peace. These conditions are founded upon the independence of the French Empire, as well as upon the independence of the other States of Europe. The views of the Powers are just in their object, generous and liberal in their application, reassuring for all, and honorable for each. The Allied Sovereigns desire that France should be great, strong and happy, because the great and strong French Power is one of the fundamental bases of the social edifice. They desire that France should be liappy, that French commerce should rise again, and that the arts, those blessings of peace, should flourish again, because a great people cannot be tran- COEPS-LEGISLATIP ADDRESS 437 quil except in as far as it is liappy. The Powers confirm to tlie French Empire an extent of territory wliich France never knew under its Kings, because a valiant nation sliould not lose rank for having in its turn experienced reverses in an obstinate and bloody conflict, in which it has fought with its usual daring. But the Powers also wish to be free, happy and tranquil. They desire a state of peace which, by a wise distribution of power and a just equilibrium, may preserve henceforth their peoples from the innumerable calamities which for the past twenty years have weighed upon Europe. The Allied Powers will not lay aside their arms without having attained that great and beneficent result, that noble object of their efforts. They will not lay aside their arms until the political condition of Europe shall be again consol- idated, until immutable principles shall have resumed their rights over vain pretensions, until the sanctity of treaties shall have finally assured a real peace for Europe. Frankfort, December i, 1813. 88. Address of the Corps-Legislatif to Napoleon. December 28, 1813. Buchez and Roux, Ilistoire Parlementaire, XXXIX, 456-458. This address was drawn up atter Napoleon had submitted to the Corps-Legislatif a portion of his correspondence with the Al- lies. Napoleon forbade its publication and as a sign of his dis- pleasure dissolved the chamber. The document throws some light upon the state of France, its attitude towards Napoleon and the war. Eefeekncbs. Fouruier, Napoleon, 650-652 ; Sloane, Napoleon, IV, 85-86 ; Rose, Napoleon, II, 347-348 ; Liavisse and Eambaud, Histoire Generale, IX, 849-853. We have examined with a scrupulous attention the official documents which the Emperor has deigned to place before our eyes. We consider ourselves then as the representatives of the nation itself, speaking with open hearts to a father who hears us with benevolence. Filled with that sentiment so adapted to the elevation of our souls and to disengaging us from every personal consideration, we have dared to bring the truth to the 438 COKPS-LEGISLATIF ADDRESS foot of the throne; our august sovereign could not suffer any other language. [The omitted passage reviews the course of events from the outbreak of the war with Russia to the end of the campaign of 1813.] Here, gentlemen, we must avow it, the enemy carried along by victory to the banks of the Rhine has offered to our august monarch a peace which a hero accustomed to so much suc- cess must have found strange indeed. But if a manly and heroic sentiment dictated to him a refusal before the deplor- able state of France had been ascertained, that refusal cannot be reiterated without imprudence when the enemy is already breaking the frontiers of our territory. If the matter here in question had been the discussion of disgraceful conditions. His Majesty would have deigned to reply only by making known to his people the projects of the foreigners; there is no wish, however, to humiliate us, but to confine us within our limits and to repress the soaring of an ambitious activity so fatal for twenty years past to all the peoples of Europe. Such proposals seem to us honorable for the nation, since they prove that the foreigner fears and respects us. It is not he who sets limits to our power, it is the terrified world which invokes the common right of nations. The Pyrenees, the Alps and the Rhine enclose a vast territory of which sev- eral provinces were not held by the Empire of the Lihes, and yet the royal crown of France was radiant with glory and majesty among all the diadems. Furthermore, the Protectorate of the Rhine ceases to be a title of honor for a crown, from the moment when the peo- ples of that confederation disdain that protection. It is obvious that here there is no question of a right of conquest, but of a title of alliance useful only to the Germans. A powerful hand was assuring them of its assistance; they wish to slip away from that benefaction as from an insup- portable burden ; it is consistent with the dignity of His Majesty to abandon to themselves those peoples who are hastening to range themselves under the yoke of Austria. As for Brabant, since the allies propose to adhere to the bases CORPS-LEGISLATIP ADDRESS 439 of the treaty of Luneville, it seems to us that France could sacrifice without loss provinces difficult to retain, in which the English spirit dominates almost exclusively, and for which, finally, commerce with England is a necessity so indispen- sable that these districts have been languishing and impover- ished as long as our domination has lasted. Have we nor seen patrician families exiling themselves from Dutch soil, as if devastating scourges had pursued them, and taking to the enemy the wealth and industry of their fatherland? Doubt- less it does not take courage to make the heart of our sov- ereign hear the truth ; but we should be bound to expose ourselves to all perils, we should prefer to incur disgrace from him rather than to betray his confidence, and to expose our lives rather than the safety of the nation which we represent. Let us not dissemble : our ills are at their height ; the father- land is threatened at all points upon its f roiitiers ; commerce is annihilated, agricultute languishes, industry is expiring ; and there is not a Frenchman who has not in his family or his fortune a cruel wound to heal. Let us not be weighed down by these facts ; the agriculturalist has not prospered for five years past; he barely lives, and the fruits of his labors serve to augment the treasure which is annually exhausted in the supplies which the constantly ruined and famished armies de- mand. The conscription has become for all France an odious scourge, because that measure has always been overdone in execution. For the past two years the gathering in has oc- curred three times per year; a barbarous and aimless war has swallowed up youths torn away from education, agricul- ture, commerce and the arts. Are the tears of mothers and the pains of the people then the patrimony of kings? It is time that the nations should be in .repose; it is time that the Powers should cease clashing snd tearing each others' entrails ; it is time that the thrones should be strengthened and that France should cease to be reproached with wishing to carry into all the world revolutionary torches. Our august mon- arch, who shares the zeal that animates us and who is burning to consolidate the welfare of his peoples, is the only one capa- ble of performing that great work. Love of military honor and of conquests can seduce a magnanimous heart; but the genius of a true hero, who spurns a glory achieved at the ex- 440 TREATY OF CHAUMONT pense of the blood and repose of the people, finds his true grandeur in the public felicity which is his work. French monarchs have always gloried in holding their crown from God, the people and their sword, because peace, morality and power are, with liberty, the firmest support of empires. 89. Treaty of Chaumont. March 1, 1814. De Clercq, Traites, II, 395-399. Translation, Herstlet, Map of Murope Vy Treaty, 2043-2048. This treaty in terms includes only Austria and Russia, but Great Britain and Prussia were included in similar treaties formed at the same time. Although dated March 1 the treaty was not actually signed until March 9. The terms alluded to in article 1 were those offered to Napoleon at the Congress of Chatillon. As the most comprehensive and typical of the series of treaties which created ^nd controlled Ihe alliance against France the terms of this document should be carefully noted. Refeebnces. Fournier, Napoleon, 665-666 ; Rose, Napoleon, II, 370-371. His Imperial Majesty and Royal Highness the Emperor of Austria, King of Hungary and of Bohemia, His Majesty the Emperor of all the Russias, His Majesty the King of the United Kingdom of Great Britain and Ireland, His Maj- esty the King of Prussia, having forwarded to the French Government proposals for the conclusion of a general peace, and desiring, in case France should refuse the conditions of that peace, to draw closer the bonds which unite them for the vigorous prosecution of a war undertaken with the sal- utary purpose of putting an end to the misfortunes of Europe by assuring future repose through the re-establishment of a just equilibrium of the Powers, and wishing at the same time, if Providence blesses their pacific intentions, to settle the methods of maintaining against every attack the order of things which shall have been the happy result of their efforts, have agreed to sanction by a solemn Treaty, signed separately by each of the four Powers with the other three, this double engagement. TREATY OP CHATJMOKT 441 1. The High Contracting Parties above named solemnly engage by the present Treaty, and in the event of France re- fusing to accede to the Conditions of Peace now proposed, to apply all the means of their respective States to the vigorous prosecution of the War against that Power, and to employ them in perfect concert, in order to obtain for themselves and for Europe a General Peace, under the Protection of which the Rights and Liberties of all Nations may be established and secured. This engagement shall in no respect affect the Stipulations which the several Powers have already contracted relative to the number of Troops to be kept against the Enemy; and it is understood that the Courts of England, Austria, Russia, and Prussia engage by the present Treaty to keep in the field, each of them, 150,000 effective men, exclusive of garrisons, to be employed in active service against the common Enemy. 2. The High Contracting Parties reciprocally engage not to treat separately with the common Enemy, nor to sign Peace, Truce, nor Convention, but with common consent. They, more- over, engage not to lay down their Arms until the object of the War, mutually understood .and agreed upon, shall have been attained. 3. In order to contribute in the most prompt and decisive manner to fulfill this great object. His Britannic Majesty en- gages to furnish a Subsidy of ^5,000,000 for the service of the year 1814, to be divided in equal proportions amongst the three Powers; and His said Majesty promises, moreover, to ar- range before the ist of January in each year, with their impe- rial and Royal Majesties, the further succours to be furnished during the subsequent year, if (which God forbid) the War should so long continue. 5. The High Contracting Parties, reserving to themselves to concert together, on the conclusion of a peace with France, as to the means best adapted to guarantee to Europe, and to themselves reciprocally, the continuance of the Peace, have also determined to enter, without delay, into defensive en- gagements for the Protection of their respective States in Europe against every attempt which France might make to infringe the order of things resulting from such Pacification. 442 TREATY OF CHAUMONT 6- To effect this, they agree that in the event of one of the High Contracting Parties being threatened with an Attack on the part of France, the others shall employ their most strenuous efforts to prevent it, by friendly interposition. 7. In case of these endeavours proving ineffectual, the High Contracting Parties promise to come to the immediate assist- ance of the Power attacked, each with a body of 60,000 men. 9. As the situation of the Seat of War, or other circum- stances, might render it difficult for Great Britain to furnish the stipulated succours in English troops within the term pre- scribed, and to maintain the same on a War establishment. His Britannic Majesty reserves the right of furnishing his con- tingent to the requiring Power in Foreign Troops in his pay, or to pay annually to that Power a sum of money, at the rate of £20 per man for infantry, and of £30 for cavalry, until the stipulated succour shall be complete. 13. The High Contracting Parties mutually promise, that in case they shall be reciprocally engaged in hostilities, in con- sequence of furnishing the stipulated Succours, the party re- quiring and the parties called upon, and acting as Auxiliaries in the War, shall not make Peace but by common consent. 15. In order to render more effectual the Defensive En- gagements above stipulated, by uniting for their common de- fence the Powers the most exposed to a French invasion, the High Contracting Parties engage to invite those Powers to accede to the present Treaty of Defensive Alliance. 16. The present Treaty of Defensive Alliance having for its object to maintain the equilibrium of Europe, to secure the repose and Independence of its States, and to prevent the Invasions which during so many years have desolated the World, the High Contracting Parties have agreed to extend the duration of it to 20 years, to take date from the day of its signature; and they reserve to themselves to concert upon its ultierior prolongation three years before its expiration, should circumstances require it. TRANSITION TO RESTORATION MONARCHY 443 90. Documents upon the Transition to the Restoration JVIonarohy. As a group tliese documents show how the government of France passed from Napoleon to Louis XVIII. Taken separately several of them are of additional interest. Document A should be compared with No. 87. The indictment of the Napoleonic regime drawn in document C deserves careful attention. Docu- ments D and F should be compared. The character of the system of government which the Senate in document E proposed to es- tablish should be compared with that actually established by No. 93. RBFBnENCKS. Foumicr, iiapoleon, 672-678 ; Rose, Napoleon, II, 389-398 ; Seignobos, Europe Since ISljj, 104-105 ; Lavisse and Rambaud, Histoire Gencrale, IS, 881-888. A. Proclamation of the Allies. March 31, 1814. De Clercq, Traites, II, 400-401. The armies of the Allied Powers have occupied the Capital of France. The Allied Sovereigns honor the wish of the French nation ; they declare : That if the conditions of peace should include some strong- er guarantees when dealing with the enchaining of the am- bition of Bonaparte, they must be more favorable when, by a return to a wise government, France itself shall offer assur- ance of repose. The Sovereigns proclaim in consequence: That they will no longer treat with Napoleon Bonaparte, nor with any member of his family. That they respect the integrity of ancient France, as it was under its legitimate Kings ; they can even do more, because they will always respect the principle, that for the welfare of Europe it is necessary that France should be great and strong. They will recognize and guarantee the Constitution which the French nation shall give itself. In consequence, they in- vite the Senate to designate immediately a Provisional Gov- ernment which can look after the needs of the administration and prepare the Constitution which shall be appropriate for the French People. The intentions which I have just expressed are common to all the Allied Powers. Alexander. Paris, March 31, 1814. 444 TRANSITION TO RESTORATION MONARCHY B. Act of the Senate. April i, 1814. Duvergier, Lois, XIX, 1-2. The Senate resolves : 1. That there shall be established a provisional govern- ment charged to look after the needs of the administration and to present to the Senate = project for a constitution which may be suitable for the French people ; 2. That this government shall be composed of five members. C. Decree for Deposing Napoleon. April 3-4, 1814. Du- vergier, Lois, XIX, 3-4. The Conservative Senate, Considering that, in a constitutional monairchy, the monarch exists only in virtue of the constitution or of the social com- pact : That Napoleon Bonaparte, during a short time of firm and prudent government, gave to the nation grounds for counting upon acts of wisdom and justice in the future; but that afterwards he broke the compact which united him with the French people, especially in raising imposts and in estab- lishing taxes otherwise than in virtue of the law, contrary to the express tenor of the oath which he had taken at his accession to the throne, in conformity with article 53 of the constitutions of 28 Floreal, Year XII ; That he has committed this attack upon the rights of the people also when he proceeded to adjourn the Corps-Legislatif without necessity, and caused to be suppressed as criminal a report of that body, in which his title and his part in the national representation were contested ; That he has undertaken a series of wars in violation of article 50 of the act of the constitutions of 22 Frimaire, Year VIII, which provides that a declaration of war should be proposed, discussed, decreed and promulgated as are the laws ; That he has unconstitutionally rendered iseveral decrees involving the death penalty, especially the two of March sth last, the tendency of which was to cause to be considered as national a war which had occurred only in the interest of his unmeasured ambition ; TRANSITION TO RESTORATION MONARCHY 445 That he has violated the constitutional laws by his decrees upon the State prisons ; That he has destroyed the responsibility of the ministers, confounded all the powers, and destroyed the independence of the judicial bodies ; Considering that the liberty of the press, established and con- secrated as one of the rights of the nation, has been constantly subjected to the arbitrary censorship of his police, and that at the same time he has always made use of the press in order to fill France and Europe with imaginary facts, false maxims, doctrines favorable to despotism, and outrages against foreign governments ; That the acts and reports agreed to by the Senate have sus- tained alterations in the publication which has been made of them; Considering that instead of reigning with a sole view to the interest, welfare and glory of the French people, according to the terms of his oath. Napoleon has put the capstone to the misfortunes of the fatherland by his refusal to treat for con- ditions which the national interest would oblige him to accept and w'hich did not compromise French honor ; By the abuse which he has made of all the means in men and money which have been confided to him; By the abandonment of the wounded without the dressing of their wounds, without relief, and without food ; By different measures of which the results were the ruin of the cities, the depopulation of the country, famine and con- tagious diseases ; Considering that by all these causes the Imperial Govern- ment, established by the senatus-consultum of 28 Floreal, Year XII, has ceased to exist, and that the express wish of all Frenchmen calls for an order of things of which the first result may be the re-establishraent of the general peace, and which may be also the epoch of a solemn reconciliation among all the States of the great European family; The Senate declares and decrees as follows : 1. Napoleon Bonaparte has forfeited the throne, and the right of inheritance established in his family is abolished. 2. The French people and army are absolved from the oath of fidelity to Napoleon Bonaparte. 446 TEANSITION TO BBSTOEATION MONARCHY 3. The present decree shall be transmitted by a message to the provisional government of France, sent at once to all the departments and to the armies, and proclaimed immediate- ly in all the quarters of the capital. D. First Abdication of Napoleon. April 4, 1814. Helie, Constitutions, 878. The allied powers having proclaimed that the Emperor Na- poleon was the sole obstacle to the re-establishment of peace in Europe, the Emperor Napoleon, faithful to his oath, declares that he is ready to descend from the throne, to leave France and even to lay down his life for the welfare of the fatherland, which cannot be separated from the rights of his son, those of the regency of the Empress, and the laws of the Empire. Done at our palace of Fontainebleau, April 4, 1814. Napoleon. E. The Senate's Proposed Constitution. April 6, 1814. Duvergier, Lois, XIX, 6-8. The Conservative Senate, deliberating upon the project of a constitution which has been presented to it by the Provisional Government, in execution of the act of the Senate of the ist of this month. After having heard the report of a special commission of seven members. Decrees as follows : 1. The French Government is monarchical and hereditary from male to male, by order of primogeniture. 2. Tlie French people freely summon to the throne of France Louis-Stanislas-Xavier of France, brother of the late king, and, after him, the other members of the House of Bour- bon in the old order. 3. The old nobility resume their titles : the new retain theirs hereditarily. The Legion of Honor is maintained with its pre- rogatives; the King shall determine the decoration. 4. The executive power belongs to the King. 5. The King, the Senate and the Corps-Legislatif co-oper- ate in the formation of the laws. TRANSITION TO RESTORATION MONARCHY 447 Projects of law can be proposed both in the Senate and in the Corps-Legislatif. Those relative to taxes can be proposed only in the Corps- Legislatif. The King can likewise invite the two bodies to occupy themselves with matters which he deems in need of consider- ation. The sanction of the King is necessary for the completion of the law. 6. There are at least one hundred and fifty senators and two hundred at most. Their rank is irremovable and hereditary from male to male, by order of primogeniture. They are appointed by the King. The present senators, with the exception of those who may renounce the attribute of French citizenship, are retained and make part of that number The present endowment of the Sen- ate and of the senatorships belongs to them. The revenues thereof are likewise divided among them and pass to their suc- cessors. In case of the death of a senator without direct male posterity, his portion returns to the Public Treasury. The senators who shall be appointed in the future cannot have part in this endowment. 7. The princes of the royal family and the princes of the blood are by right members of the Senate. They cannot exercise the functions of a senator until after they have reached the age of majority. 8. The Senate determines the cases in which the discus- sion of the matters that it treats shall be public or secret. 9. Each department shall select the same number of depu- ties to the Corps-Legislatif which it was sending there. The deputies who were sitting in the Corps-Legislatif at the time of its last adjournment shall continue to sit there until their replacement. All shall retain their stipend. For the future they shall be directly chosen by the electoral colleges, which are retained, subject to the changes which may be made by a law upon their organization. The duration of the functions of the deputies of the Corps- Legislatif is fixed at five years. New elections shall take place for the session of i8i6. 10. The Corps-Legislatif assembles of right October ist 448 TEANSITION TO RESTORATION MONARCHY of each year. The King can convoke it extraordinarily. He can adjourn it; he can also dissolve it: but in this last case, another Corps-Legislatif must be formed, within three months at the latest, by the electoral colleges. 11. The Corps-Legislatif has the right of discussion. The sittings are public, except in the case in which it thinks that it is expedient to form itself into committee of the whole. 12. The Senate, the Corps-Legislatif, the electoral colleges, and the cantonal assemblies, elect their presidents from within their own midst. 13. No member of the Senate or of the Corps-Legislatif can be arrested without a prior authorisation of the body to which he belongs. The trial of an accused member of the Senate or of the Corps-Legislatif belongs exclusively to the Senate. 14. The ministers can be members either of the Senate or of the Corps-Legislatif. 15. Equality of proportion in taxation is a matter of right. No tax can be established or collected, unless it has been freely consented to by the Corps-Legislatif and the Senate. The land tax can be established only for one year. The budget of the following year and the accounts of the preceding year are pre- sented each year to the Corps-Legislatif and the Senate at the opening of the session of the Corgs-Legislatif. 16. The law shall determine the mode and the quota of the recruiting for the army. 17. The independence of the judicial authority is guaran- teed. Nobody can be deprived of his natural judges. The jury system is retained, as well as publicity of proceed- ings in criminal matters. The penalty of confiscation of goods is abolished. The King has the right to grant pardons. 18. The ordinary courts and tribunals actually in exist- ence are retained; their number cannot be increased nor di- minished except in virtue of a law. The judges are for life and are irremovable, with the exception of the justices of the peace and the commercial judges. The extraordinary commis- sions and tribunals are suppressed, and they cannot be re- established. 19. The Court of Cassation, the courts of appeal and the TRANSITION TO RESTORATION MONARCHY 449 tribunals of first instance propose to the King three candidates for each position as judge which is vacant in their body; the King chooses one of the three. The King appoints the first presidents and the puMic minister of the courts and tribunals. 20. Military men in active service, officers and soldiers in retirement, pensioned widows and officers, preserve their ranks, their honors and their pensions. 21. The person of the King is inviolable and sacred. All the acts of the Government are signed by a minister. The ministers are responsible for everything which these acts may contain which is injurious to the laws, to public and private liberty, and to the rights of citizens. 22. Liberty of worship and of conscience is guaranteed. The ministers of the sects are equally paid ana protected. 23. The liberty of the press is complete, saving the legal repression of offences which might result from the abuse of that liberty. The senatorial commissions of liberty of the press and of personal liberty are retained. 24. The public debt is guaranteed. The .sales of the national lands are irrevocably maintained. 25. No Frenchman can be questioned for the opinions or votes which he may have given. 26. Any person has the right to address individual pe- titions to any constituted authority. 27. All Frenchmen are equally eligible to all civil and mil- itary employments. 28. All actually existing laws remain in force until they may be legally altered. The Code of civil laws shall be en- titled Civil Code of the French. 29. The present constitution shall be submitted for the acceptance of the French people in the form which shall be reg- ulated. Louis-Stanislas-Xavier shall be proclaimed King of the French, as soon as he shall have sworn and signed by an act declaring : / accept the constitution; I swear to observe it and to cause it to be observed. This oath shall be reiterated in the solemn ceremony by which he shall receive the oath of fidelity of the French. F. Second Abdication of Napoleon. April 11, 1814. De Clercq, Traites, 11, 402. The Allied Powers having proclaimed that the Emperor 15 450 TRANSITION TO RESTORATION MONARCHSr Napoleon was the sole obstacle to the re-establisliment of peace in Europe, the Emperor Napoleon, faithful to his oath, declares that he renounces, for himself, and for his heirs, the thrones of France and Italy, and that there is no personal sac- rifice, even that of life, which he would not be ready to make in the interest of France. Done at the palace of Fontainebleau, April ii, 1814. Napoleon. G. Treaty of Fontainebleau. April 11, 1814. De Clercq, Traites, II, 402-405. His Majesty the Emperor Napoleon of the one part, and their Majesties the Emperor of Austria, the King of Prussia and the Emperor of all the Russias, stipulating both in their names and in those of their allies, 1. His Majesty the Emperor Napoleon renounces for him- self, his successors and descendants, as well as for all the members of his family, all right of sovereignty and dominion, as well to the French Empire and the Kingdom of Italy as to every other country. 2. Their Majesties the Emperor Napoleon and the Em- press Maria Louisa shall retain their titles and ranks, to be enjoyed during their lives. The mother, brothers, sisters, nephews and nieces of the Emperor shall retain, wherever they may be, the title of Princes of his family. 3. The island of Elba, adopted by His Majesty the Em- peror Napoleon as the place of his residence, shall form, during his life, a separate Principality, which shall be possessed by him in full sovereignty and ownership. There shall be given besides, in full property, to the Emperor Napoleon, an annual revenue of 2,000,000 francs in rent charges upon the ledger of France, of which 1,000,000 shall be in reversion to the Empress. 5. The Duchies of Parma, Piacenza, and Guastalla shall be given in full ownership and sovereignty to Her Majesty the Empress Maria Louisa. They shall pass to her son and to his descendants in the direct line. The Prince, her son, shall tJke from this moment the title of Prince of Parma, Piacenza and Guastalla. TREATY OP PARIS 451 6. There shall be reserved in the countries which the Em- peror Napoleon renounces for himself and his family domains or dower of rents upon the ledger of France producing a net annual income, after deduction of all charges Is made, of 2,500,000 francs. These domains or rents shall belong in full ownership, and to be disposed of as shall seem good to Iheni, to the Princes and Princesses o-f his family and shall be ap- portioned among them in such a manner that the income of each may be in the following proportion : 91. Treaty of Paris. May 30, 1814. Herstlet, Map of Europe ty Treaty, 1-19. Two features of this treaty call for particular notice. (1) The territorial limits of France should be compared with those ex- isting prior to 1789, those of various subsequent d^tes such as 1795 and 1810, and those which on different occasions during 1813 and 1814 were offered to Napoleon. (2) The stipulations relative to the congress which subsequently met at Vienna may be com- pared with those in No. 73 and the arrangements effected by the Congress of Vienna. The negative features of the treaty may be profitably noticed. Refeeences. Andrews, Modern Europe, I, 89-90 ; Fyffe, Mod- ern Europe, I, 536-541 (Popular ed., 360-364) ; Rose, Hapoleon, II, 401 ; Lavisse and Rambaud, Histoire Generale, X, 1-4. In the Name of the Most Holy and Undivided Trinity. His Majesty, the King of the United Kingdom of Great Britain and Ireland, and his Allies on the one part, and His Majesty the King of France and Navarre on the other part, animated by an equal desire to terminate the long agitations of Europe, and the sufferings of Mankind, by a permanent Peace, founded upon a just repartition of force between its States, and containing in its Stipulations the pledge of its durability, and His Britannic Majesty, together with his Allies, being unwilling to require of France, now that, replaced under the paternal Government of Her Kings, she offers the assur- ance of security and stability to Europe, the conditions and guarantees which they had with regret demanded from her former Government, Their said Majesties have named Plen- 452 TREATY OF PARIS ipotentiaries to discuss, settle, and sign a Treaty of Peace and Amity; namely. 1. There shall be from this day forward perpetual Peace ?nd Friendship between His Britannic Majesty and his Allies on the one part, and His Majesty the King of France and Na- varre on the other, their Heirs and Successors, their Domin- ions and Subjects, respectively. The High Contracting Parties shall devote their best at- tention to maintain, not only between themselves, but, inas- much as depends upon them, between all the States of Europe, that harmony and good understanding which are so necessary for their tranquility. 2. The Kingdom of France retains its limits entire, as they existed on the ist of January, 1792. It shall further receive the increase of Territory comprised within the line established by the following Article : 3. On the side of Belgium, Germany, and Italy, the Ancient Frontiers shall be re-established as they existed on the ist 01 January, I7g2, extending from the North Sea, between Dun- kirk and Nieuport to the Mediterranean between Cagnes and Nice, with the following modifications : [This line is shown by maps in Herstlet, Map of Europe hy Treaty, 28-29.] France on her part renounces all rights of Sovereignty, Su- zerainty, etc., and of possession, over all the Countries, Dis- tricts, Towns, and places situated beyond the Frontier above described, the Principality of Monaco being replaced on the same footing on which it stood before the ist of January, 1792. The Allied Powers assure to France the possession of the Principality of Avignon, of the Comitat Venaissin, of the Comte of Montbeliard, together with the several insulated Territories which formerly belonged to Germany, compre- hended within the Frontier above described, whether they have been incorporated with France before or after the ist of January, 1792. 5. The Navigation of the Rhine, from the point where it TREATY OF PARIS 453 becomes navigable unto the sea, and vice versa, shall be free, so that it can be interdicted to no one : — and at the future Congress attention shall be paid to the establishment of the principles according to which the duties to be raised by the States bordering on the Rhine may be regulated, in the mode the most impartial and the most favourable to the commerce of all Nations. The future Congress, wth a view to facilitate the com- munication between Nations and continually to render them less strangers to each other, shall likewise examine and deter- mine in what manner the above provisions can be extended to olher Rivers which, in their navigable course, separate or traverse different States. 6. Holland, placed under the sovereignty of the House of Orange, shall receive an increase of Territory. The title and exercise of that Sovereignty shall not in any case belong to a Prince wearing, or destined to wear, a Foreign Crown. The States of Germany shall be independent, and united by a Federative Bond. Switzerland, Independent,- shall continue to govern herself. Italy, beyond the limits of the countries which are to revert to Austria, shall be composed of Sovereign States. 7. The Island of Malta and its Dependencies shall belong in full right and Sovereignty to His Britannic Majesty. 8. His Britannic Majesty, stipulating for himself and his Allies, engages to restore to His Most Christian Majesty, within the term which shall be hereafter fixed, the Colonies, Fisheries, Factories, and Establishments of every kind which were possessed by France on the ist of January, 1792, in the Seas and on the Continents of America, Africa, and- Asia ; with the exception, however, of the Islands of Tobago and St. Lucia, and of the Isle of France and its Dependencies, especial- ly Rodrigues and Les Sechelles, which several Colonies and possessions His Most Christian Majesty cedes in full right and Sovereignty to His Britannic Majesty, and also the portion of St. Domingo ceded to France by the Treaty of Basle, and which His Most Christian Majesty restores in full right and Sovereignty to His CathoHc Majesty. 454 TREATY OF PARIS Additional, Separate, and Secret Articles. 1. The disposal of the Territories given up by His Most Christian Majesty, under the 3d Article of the Public Treaty, and the relations from whence a system of real and permanent Balance of Power in Europe is to be derived, shall be regulated at the Congress upon the principles determined upon by the Allied Powers among themselves, and accord- ing to the general provisions contained in the following Arti cles. 2. The possessions of His Imperial and Royal Apostolic Majesty in Italy, shall be bounded by the Po, the Tessino, and the Lago Maggiore. The King of Sardinia shall return to the possession of his ancient Dominions, with the exception of that part of Savoy secured to France by the 3d Article of the present Treaty. His Majesty shall receive an increase of Territory from the State of Genoa. The Port of Genoa shall continue to be a Free Port; the Powers reserving to. themselves the right of making arrange- ments upon this point with the King of Sardinia. France shall acknowledge and guarantee, conjointly with the Allied Powers, and on the same footing, the political or- ganization which Switzerland shall adopt under the auspices of the said Allied Powers, and according to the basis already agreed upon with them. 3. The establishment of a just Balance of Power in Europe requiring that Holland should be so constituted as to be enabled to support her independence through her own re- sources, the Countries comprised between the Sea, the Fron- tiers of France, such as they are defined by the present Treaty, and the Meuse, shall be given up forever to Holland. The Frontiers upon the right bank of the Meuse shall be regulated according to the military convenience of Holland, and her neighbours. The freedom of the Navigation of the Scheldt shall be established upon the same principle which has regulated the Navigation of the Rhine, in the sth Article of the present Treaty. 4. The German Territories upon the left bank of the Rhine, which have been united to France since 1792, shall contribute DECLARATION OF ST. OUEN 455 to the aggrandizement of Holland, and shall be further applied to compensate Prussia, and other German States. 92. Declaration of St. Ouen. May 2, 1814. Duvei-gier, Lois, XIX, 23. The Count of Artois, acting for Louis XVIII, declined to ac- cept the constitution prepared by the Senate (No. 91 E). He was, however, prevailed upon to promise that he would accept "the basis" of it. This declaration was promulgated in redemption of that promise. It should be compared with both the Senate's con- stitution and the Constitutional Charter (No. 93). Ebfeeences. Seignobos, Europe Since ISli, 106 ; Lavisse and Eambaud, Histoire Oendrale, IX, 890-891. Louis, by the grace of God, King of France and of Na- varre, to all those to whom these presents come, greeting. Recalled by the love of our people to the throne of our fathers, enlightened by the misfortunes of the nation, which we are destined to govern, our iirst thoiight is to invoke that mutual confidence so necessary to our repose and to its welfare. After having read attentively the plan for a constitution proposed by the Senate at its sitting of the 6th of April last, wc have recognized that the principles thereof were good, but that a great number of articles bear the impress of the haste with which they were drawn up and they cannot in their present form become fundamental laws of the State. Resolved to adopL.a^HberaJ CDiistitutionT_s5Le_wisl3_liiat-it should be wisely drawn up ; and not being able to accept one which it is necessary to amend, we convoke, for the loth of the month of June of the present year, the Senate and the Corps-Legislatif, and engage to put before their eyes the work which we shall have done 'with a commission chosen from among these two bodies, and to give as a basis for this con- stitution the following guaranties : Representative government shall be maintained such as it is to-day, divided into two bodies, to wit : The Senate and the Chamber composed of the deputies of the departments ; Taxes shall be freely consented to ; 456 CONSTITUTIONAL CHARTER OF 1814 Public and personal liberty are guaranteed; Liberty oFtE'e"prei£_siiafl^ be respected, saving the precau- tions necessary for the public tranquility; Liberty of worship is guaranteed ; Property shall be inviolable and sacred; the sale of the national lands shall remain irrevocable. Responsible ministers rnay J),e prosecuted,, by one..,sf,.,!:he, legislative chambers^ and judged by the other. Judges shall he removed, and theludicial power independ- ent ; The public debt shall be guaranteed; pensions, ranks and military honors shall be preserved, as also the old and the new nobility. The Legion of Honor, of which we vifill fix the decoration, shall be maintained. Every Frenchman shall be eligible to civil and military employments. Finally, no person shall be disturbed on account of his opinions or his vote. Given at St. Ouen, May 2, 1814. Signed, Louis. 93. Constitutional Charter of 1814. June 4, 1814. Duvergier, iots, XIX, 59-73. This famous document presents many points of interest. Two teatiu'es of it are particularly wortliy of notice. (1) As a state- ment of wliat the restored Bourbons would accept, it exhibits some of the most importan t permanent g ains-.&f~4he— JtCTotoUgn. This may be brought out "By^comparing it with typical cahiers of 1789 or with the Constitution of 1791 (No. 15). As the frame of gov- ernment under which France lived until 1830, it is an excellent starting point for a study of that period. The phraseology of the document requires careful attention. References. Fyffe, Modern Europe, II, 14-15 (Popular ed., 376-377) ; Seignobos, Europe Since ISU, l ^fi-1 ns ; Andrews, Mod- ern £;M)-ope~-I," 135-137." Louis, by the grace of God, King of France and Navarre, to all those to whom these presents come, greeting. Divine Providence, in recalling us tO' our Estates after CONSTITUTIONAL CHAKTER OP 1814 457 a long absence, has laid- upon us great obligations. Peace was the first need of our subjects : we have employed our- selves thereto without relaxation ; and that peace, so necessary for France, as well as for the remainder of Europe, is signed. A constitutional Charter was called for by the actual condition of the kingdom ; we promised it, and we now publish it. We have taken into consideration that, although all authority in F rance resides in th e person of the King, our__2redecessoxs hav e not hesitated t o alter the exercise_ thereof in accordance with the change of the times : that it was in this manner that the Communes owed their emancipation to Louis the Fat, the confirmation and extension of their rights to Saint Louis and Philip the Fair; that the judicial system was estab- lished and developed by the laws of Louis XI, Henry II and Charles IX; and finally, that Louis XIV regulated almost all parts of the public administration by various ordinances whose wisdom nothing has yet surpassed. We are bound, by the example of the Kings, our pred- ecessors, to estimate the effects of the ever increasing prog- ress of enlightenment, the new relations which these advances have introduced into society, the direction impressed upon opinions during the past half century, and the significant al- terations which have resulted therefrom : we have recognized that the wish of our subjects for a constitutional Charter was the expression ol a"Te"al~nee3T^ but, in' yielding to this wish, we have taken every precaution that this Charter should be worthy of us and of the people over whom we are proud to rule. Sagacious men taken from the highest body of the State met with commissioners of our Council to labor upon this important work. While we have recognized that a free and monarchical constitution was necessary to meet the expectation of en- lightened Europe, we have also been constrained to remember that our first duty towards our subjects was to preserve, in their own interest, the nghFs~and prerogatives of our crown. We have hoped that, taught by experience, they may be con- vinced that only the supreme authority can give to institu- tions which it establishes the strength, permanence, and maj- esty with which it is itself invested ; that thus, when the wis- dom of the King freely coincides with the wish of the people, 4=8 CONSTITUTIONAL CHARTER OF 1814 a constitutional Charter can be of long duration; but that, when viol ence wrests concessions from the feeblen ess of the Government, public liberty__is_ not l ess in danger thg" the throne its^fi^ In a word, we have sought the principles of the constitutional Charter in the French character and in the enduring examples of past ages. Thus, we have seen, in the renewal of the peerage, an institution truly national and one which must bind all the recollections with all the hopes, in bringing together former and present times. We have replaced by the Chamber of Deputies those for- mer assemblies of the Fields of March and May, and those Chambers of the Third Estate, which so often gave at the same time proof of zeal for the interests of the people and of fidelity and respect for the authority of the King. In thus attempting to renew the chain of the times, which disastrous errors have broken, we have banished from our recollection, as we could wish it were possible to blot out from history, all the evils which have afflicted the fatherland during our absence. Happy to find ourselves once more in the , bosom of our great' family, we have felt that'''w^''lc!Dijl"d,4£§BOHiL,to tRii lovl-'of which we have received so many testimonials, only by"pron6'uhcing words^'of peace and consolation, The dearest wish of bur lieart is that all F'renchmen should live as brothers, and that no bitter recollection should ever disturb the security that must follow the solemn act which we grant them to-day. Assured of our intentions, and strengthened by our con- science, we pledge ourselves, in the presence of the assembly v/hich hears us, to be faithful. to this Constitutional Charter, reserving to ourselves to swear to maintain it with a new solemnity, before the altars of Him who weighs in the same balajice kings and nations. For these reasons, We have voluntarily, and by the free exercise of our royal authority, accorded and do accord, grant and^ concede, to our subjects, as well for us as for our successors fore ver, the con- sfiFufional Charter which follows : PUBI-IC LAW OF THE FRENCH. ^ I. Frenchmen are equal before the law, whatever may be their titles and ranks. CONSTITUTIONAL CHARTER OF 1814 459 2. They contribute wiithout distinction, in proportion to their fortunes, towards the expenses of the State. "^ 3. They are all equally admissible to civil and military employments. V 4. Their personal hberty is likewise guaranteed; no one can be prosecuted nor arrested save in the cases provided by law and in the form which it prescribes. > S- Every one may profess his .religion with equal freedom, and shall obtain for his worship the same protection. ^ 6. Nevertheless, the Catholic, Apostolic and Roman re- ligion is the religion of the State. 7. The ministers of the Catholic, Apostolic and Roman rehgion and those of the other Christian sects alone receive stipends from the Royal Treasury. ^8. Frenchmen have the right to pu blish and to cause to be printed t%ir~opinipns, w.hile^i3afarpi)ng \vith .the Ja ws,. . wjiicli a re necessary to res train abuses of that liberty. ^ 9. All property islrTvioIa'Eile' witlToiIt" aiiy" exception for that which is called national, the law making no distinction between them. ^ 10. The state can require the sacrifice of a property on account of a legally established public interest, but with a previous indemnity. ~" II. All investigations of opinions and votes given prior to the restoration are forbidden. The same oblivion is re- quired from the tribunals and from citizens. ^ 12. The conscription is abolished. The method of re- cruiting for the army and navj' is determined by a law. Form of the Government of the King. "~ 13. The person of the King is inviolable and sacred. His ministers are responsible. To the King alone beilongS -TIhe e^i^ggjower. 14. The King is the Supreme Head of the State, commands the land and sea forces, declares war, makes treaties of peace, alliance and commerce, appoints to all places of public admin- istration, and makes the necessary regulations and £y:dijiances for the execution of the laws anS tfiesecurity of the State . '^ 15. The legislative power is exercised collectively by the King, the Chamber of Peers, and the Chamber of Deputies of the departments. 46o CONSTITUTIONAL CHARTER OF 1814 i6. The King proposes the laws. 17. The proposition for a law is sent, at the pleasure of the King, to the Chamber of Peers or to that of the Deputies, except a law for the imposition of taxes, which must be sent first to the Chamber of Deputies. 18. Every law shall be freely discussed and voted by the majority of each of the two Chambers. 19. The Chambers have the power to petition the King to propose a law upon any subject whatsoever and to indicate what seems suitable for the law to contain, 20. This request can be made by either of the two Cham- bens, but only after having been discussed in secret committee; it shall be sent to the other Chamber by that which shall have proposed it, only after an interval of ten days. 21. If the proposal is adopted by the ,a!tlis.t- Chamher,^t shall be lairTTiefore'' the ymflXTLJI— i-S---r£i-e,c):e:4.,.,.ij^ aSHQlt, .ISfi. - ^_esented.again in the same session. 22. The King alone san ctions and pro mulgates lhe_lawg. 23. The civil list is fixed, for the entire duration of the reign, by the first legislature assembled after the accession of the King. Of the Chamber of Peers. 24. The Chamber of Peers is an essential part of the leg- islative power. 25. It is convoked by the King at the same time as the Chamber of the Deputies of the departments. Tlie session of the one begins and ends at the same time as that of the other. 26. Every meeting of the Chamber of Peers which may be held outside of the time of the session of the Chamber of Deputies, or which may not be ordered by the King, is unlaw- ful and of no validity. 27. The appointment of peers of France^ belongs^ JaJjje King;___ Their number is uhlirnited :. he can at his pleasure alter their dignities, app oint them for life, or make them hereditarj'. 28. Peers have" entranceTg^'the Chamber ''atT twenty-five years, ajnd a deliberative voice only at thirty years. 29. The Chamber of Peers is presided over by the Chan- cellor of France, and in his absence, by a peer appointeSTsy — the King. CONSTITUTIONAL CHARTER OF 1814 461 30. Members of the royal family and princes of the blood are peers by right of their birth. They sit directly behind the president; but they have no deliberative voice until twenty- five years of age. 31. The princes can take their places in the Chamber only upon the order of the King, expressed for each session by a message, under penalty of invalidating everything which may have been done in their presence. 32. All the deliberatio ns of the C hamlber_of ^Peers ..are s££Igi^ 33. The Chamber of Peers has jurisdiction over crimes of high treason and the attacks against the security of the Slate, which shall be defined by law. 34. No peer can be arrested except by the authority, of the Chamber, nor tried Irf^a^criffllTiat matter except byji. Of the Chamber of Deputies of the Departments. 35. The Chamber of Deputies shall be composed of the deputies elected by electoral colleges whose organization shall be determined by law. 36. Each department shall have the same number of dep- uties that it has had up to the present time. 37. The deputies shall be elected for five years and in such a manner that the Chamber may be renewed each year by a fifth. ^^38. No deputy can be admitted to the Chamber unless_ he is forty year_s_^ age _ajid_£ay a .a. direct. Jax. of one-, thousand francs- 39. If, nevertheless, there cannot be found in the depart- ment fifty persons of the requisite age, who pay at least one thousand francs of direct taxes, their number shall be filled up from the largest taxpayers under one thousand francs, and these shall be elected together with the first. ""~' 40. Ele ctors who meet for the naming of deputie s cannot have the right o f suffrage, unless, they .gajLa^ direct _tax^^ t hree hundred trancs and are not ) ^ss than thirtv years pj__aj^e. 41. The pr esidents of the el e ctora l cqlle ges^ shall be .ap - p ointed by the King^ ajjcL are jx^fficio mernbers of the college. 42. At least one-half of the deputies shall be choisen from among the eligibles who have their political domicile in the department. 462 CONSTITUTIONAL CHARTER OF 1814 43. The President of the Chamber of Deputies is ap- gointed by the_,Ki!jg^irQm a li5Ljafrfiv?inimkers__£reseril^Jjj;;, the Chamber. 44. The sittings of the Chamber are pubHc, but the request of five members suffices for it to form itself into secret com- mittee. 45. The Chamber divides itself into bureaux in order to discuss the propositions which have been presented to it by the King. 46. No amendment can be made in a law unless it has been proposed or consented to by the King, and unless it has been sent back to the bureaux and discussed there. 47. The Chamber of Deputies receives all proposals i»i regard to taxes ; only after these proposals have been ac- cepted can they be carried to the Chamber of Peers. ^•48. No tax can be imposed or collected, unless it has" been consented to by the two chambers and sanctioned by the King. 49. The land-tax is consented to only for one year. In- direct taxes can be established for several years. . 50. The JCing convokes the two Chambers each year : he prorogues t hem, and can dissolve" that of the deputies, of the^, departments; but, in that~case, he must convoke a new one wUJxil?,„Cbe_S2ace__'''StTRree' rnqnf h s . "^^ 51. No bodily constraint can be exercised against a mem- ber of the Chamber during the session nor in the preceding or following six weeks. ^ S2. No member of the Chamber, during the course of the session, can be prosecuted or arrested upon a criminal charge, unless he should be taken in the act, except after the Chamber has permitted his prosecution. 53. No petition can be made or presented to either of the Chambers, except in writing. The law forbids the bringing of them in person to the bar. Of the Ministers. ^^- The ministers can be members of the Chamber of Peer.? SLaf ..tl).S..Chainber_of Deputies^^ They have, besides, their en- trance into either Chamber, and they must be heard when they demand it. ^ SS- The Oiamber of Deputies has the right to accuse the CONSTITUTIONAL CHARTER OF 1814 463 ministers and to arraign them before the Chamber of Peers, which alone has that of trying them. 56. Th ey can be accused only for ac ts of treason and pecu - lation. S pecial laws shall determine the nature of this offence and shall fix the method of prosecution. Of the Judiciary. ■^ 57. All justice emanates from the King . It is administered in his name by judges whom he appoints and whom he invests. 58. T he judges appointed by the King are irremova ble. 59. The courts and regular tribunals actually existing are continued. Ncme of them shall be changed except by virtue of a law. 60. The existing commercial court is retained. 61. The justice of the peace, likewise, is retained. Justices of the peace, although appointed by the King, are not irremov- able. 62. No one can be deprived of the jurisdiction of his nat- ural judges. 63. In consequence, extraordinary commissions and tri- bunals cannot be created. Provost-courts are not included un- der this denomination, if their re-establishment is deemed nec- essary. 64. Criminal trials shall be public, unless such publicity should be dangerous to order"and morality, and, in that case, the triEunaT shall declare it by a ju3iciaT order. 65. The system of juries is retained. Changes which a longer experience may cause to be thought necessary can be made only by a law. ^ 6. The penalty of confiscation of property is abolished and cannot be re-established. 67. The King has the right of pardon, and that of com- muting penalties. 68. The Civil Code, and the laws actually existing which are not in conflict with the present Charter, remain in force until legally abrogated. Special Rights Guaranteed by the State. 69. Persons in active military service, retired officers and soldiers, pensioned widows", officers and soldiers, retain their ranks, honors and pensions. 464 PROCLAMATION OP NAPOLEON 70. The public debt is guaranteed. Every form of engage- ment made by the State with its creditors is inviolable. - 71. The old nobility resume the^r_titleS;__The new retain theirs. _ _The King makes nobles at will, but he grants to them only ranks and honors, without any exemption from the bur- dens and duties of society. 72. The Legion of Honor is maintained. The King shall determine its internal regulations and its decoration. 73. The colonies shall be governed by special laws and regulations. 74. The King and his successors shall swear, at the solem- nizing of their coronation, to observe faithfully the present Constitutional Charter. Temporary Articles. 75. The deputies of the departments of France who sat in the Corps-Legislatif at the time of its last adjournment shall continue to sit in the Chamber of Deputies until replaced. 76. The first renewal of a fifth of the Chamber of Deputies shall take place in the year 1816, at the latest, according to the order established in the series. We command that the present Constitutional darter, laid before the Senate and the Corps-Legislatif, in conformity with our proclamation of May 2, shall be sent forthwith to the Chamber of Peers and that of the Deputies. ^~ Given at Paris, in the year of grace, 1814, and of our reign the nineteenth. Signed, Louis. 94. Proclamation of Napoleon. March 1, I8I0. Duvergier, Lois, XIX, 375-376. This proclamation, dated on the day of his arrival in France Irom Elba, is typical of the declarations and addresses made by Napoleon during the course of his journey to Paris. A similar pioclamation was addressed to the army. The manner in which , the disasters of 1814 are explained and the skill with which ap- peal is made to the memories of the Empire should be noticed. Rbfehence. Lavisse and Eambaud, Histoire Generale, IX, 903- 904. Frenchmen, the defection of the Duke of Castiglione de- PROCLAMATION OF NAPOLEON 465 livered Lyon without defence to our enemies ; the army, of which I had confided to him the command, was, by the num- ber of its battalions, and the bravery and patriotism of the troops who composed it, in a condition to fight the Austrian army which was opposing it and to reach the rear of the left flank of the hostile army which was threatening Paris. The victories of Champ-Aubert, Montrairail, Chateau-Thier- ry, Vauchamp, Mormans, Montereau, Craone, Reims, Arcy- sur-Aube and Saint-Dizier, the insurrection of the brave peas- ants of Lorraine, Champagne, Alsace, Franche-Comte and Bourgogne, and the position which I had taken at the rear of the hostile army, separating it from its magazines, its reserve parks, its convoys and all its equipment, had placed it in a desperate position. Frenchmen were never at the point of be- ing more powerful, and the flower of the hostile army was lost beyond recovery; it would have found its grave in those vast countries which it had so pitilessly plundered, but that the treason of the Duke of Raguse gave up the capital and disor- ganized the army. The vmexpected conduct of these two gen- erals, who betrayed at one and the same time their fathereland, their prince and their benefactor, changed the destiny of the war. The disastrous situation of the enemy was such, that at the end of the affair which took place before Paris, they were without ammunition, through separation from their re- serve parks. Under these new and difficult circumstances my heart was torn, but my soul remained steadfast. I only thought of the interest of the fatherland ; I exiled myself upon a rock in the midst of the sea ; my life was and must still be useful to you. I did not allow the greater part of those who wished to ac- company me to share my lot ; I thought their presence was use- ful in France, and I only took with me a handful of valiant men as my guard. Raised to the throne by your choice, everything that has been done without you is illegitimate. During the last twenty- five years, France has acquired new interests, new institutions, and a new glory, which can only be guaranteed by a national government and by a dynasty bom under these new circum- stances. A prince who should reign over you, who should be seated upon my throne by the power of the very armies 466 DECREE von EXTRAORDINARY ASSEMBLY who have devastated our territory, would seek in vain to sup- port himself by the principles of feudal rights and he could only assure the honor and the rights of a small number of individuals, enemies of the people, who, for twenty-five years past, have condemned them in our national assemblies. Your internal peace and your foreign prestige would be forever lost. Frenchmen ! In my exile I have heard your complaints and your desires: you were claiming that Government of your choice, which alone is legitimate. You were complaining of my long sleep, you reproached me with .sacrificing to my own re- pose the great interests of the fatherland. I have crossed the seas in the midst of perils of every sort; I arrive among you in order to reclaim my rights, which are yours. Everything which individuals have done, written or said since the taking of Paris, I will forever ignore; that will not in the least influence the recollection which I have of the important services that they have rendered ; for there are events of such a nature that they are beyond human organ- ization. Frenchmen ! There is no nation, however small it may be, which has not had the right to withdraw and which may not be withdrawn from the dishonor of obeying a prince im- posed upon it by a momentarily victorious enemy. When Charles VII re-entered Paris and overthrew the ephemeral throne of Henry VI, he recognized that he held his throne by the bravery of his soldiers and not from a prince regent of England. It is also to you alone, and to the brave men of the army, that I consider and shall always consider it glorious to owe everything. Signed, Napoleon. 95. Decree for Convoking an Extraordinary Assembly, Mareh 13, 1815. Duvergier, Lois, XIX, 375-376. Tills decree is typical of the series issued by Napoleon wliile at Lyon on his journey to Paris. The list of reasons for dissolv- ing the Senate and Corps-Legislatif contains many of the popular DECREE FOR EXTRAORDINARY ASSEMBLY 467 grievances against tlie restored Bourbon rSgime for tilings actually done or anticipated. t References. Fournier, Xapoleon, 692 ; Rose, Kapoleotij II, 40S. Napoleon, by the grace of God and the Constitutions of the Empire, Emperor of the French, considering that the • Chamber of Peers is in part composed of persons who have borne arms against France, and who have an interest in the re-establishment of feudal rights, in the destruction of equality among the different classes, in the setting aside of the sales of the national lands, and, in short, in depriving the people of the rights which they have acquired by twenty-five years of conflict against the enemies of the national glory ; Considering that the powers of the deputies to the Corps- Legislatif have expired, and that, therefore, the Chamber of the Commons has no longer any national character ; that a portion of that chamber has shown itself unworthy of the confidence of the nation by adhering to the re-establishment of the feudal nobility, abolished by constitutions that the people have ac- cepted; in causing France to pay debts contracted a,broad for the purpose of organizing coalitions and hiring armies against the French people; in giving to the Bourbons the title of legitimate King, thereby declaring that the French people and armies were rebels, and proclaiming that the only good Frenchmen were the fimigre-s, who have for twenty-five years rent the bosom of the fatherland and violated all the rights of the people by consecrating the principle that the nation was made for the throne and not the throne for the nation, We have decreed and do decree as follows : 1. The Chamber of Peers is dissolved. 2. The Chamber of the Commons is dissolved ; each of its members summoned and arrived at Paris since the seventh of March is ordered to return to his domicile without delay. 3. The electoral colleges of the departments of the Empire shall meet at Paris during the course of the approaching month of May in extraordinary assembly of the Cha^np-de- Mai, for the purpose of taking suitable measures to correct and modify our constitutions in accordance with the interest and the will of the nation, and at the same time to assist at 468 DECLARATION AGAINST NAPOLEON the coronation of the Empress, our very dear and well be- loved wife, and at that of our dear and well beloved son. 96. Declaration of the Powers against Napoleon. March 13, 1813. British and Foreign State Papers, II, 665. This declaration was issued by the Congress of Vienna upon learning that Napoleon had left Elba. It shows the precise atti- tude of the Powers of Europe towards him. Refeeences. Fournier, l^^apoleon, 697-699 ; Rose, Tfapoleon, II, 410-41] ; Lavisse and Rambaud, Histoire Oenerale, X, 47. The Powers who have signed the Treaty of Paris reas- sembled in Congress at Vienna, having been informed of the escape of Napoleon Bonaparte and of his entrance into France with an armed force, owe to their dignity and the interest of social order a solemn Declaration of the senti- ments which that event has inspired in them. In thus violating the convention, which established him in the Island of Elba, Bonaparte destroyed the only legal title for his existence. By reappearing in France with projects of disorder and destruction, he has cut himself off from the pro- tection of the law and has shown in tiie face of the world that there can be neither peace nor truce with him. Accordingly, the Powers declare that Napoleon Bonaparte is excluded from civil and social relations, and, as an Enemy and Disturber of the tranquility of the World, that he has incurred public vengeance. At the same time, being firmly resolved to preserve intact the Treaty of Paris of May 30, 1814, and the arrangements sanctioned by that treaty, as well as those which have been or shall be arranged hereafter in order to complete and con- solidate it, they declare that they will employ all their re- sources and will unite all their efforts in order that the Gen- eral Peace, the object of the desires of Europe and the con- stant aim of their labors, may not be again disturbed, and in order to secure themselves from all attempts which may TREATY OF ALLIANCE AGAINST NAPOLEON 469 threaten to plunge the World once more into the disorders and misfortunes of revolutioas. And although fully persuaded that all France, rallying airound its legitimate sovereign, will strive unceasingly to bring to naught this last attempt of a criminal and impotent madman, all the Soverigns of Europe, animated by the same feeling and guided by the same principles, declare that if, con- trary to all expectation, there shall result from that event any real danger, they will be ready to give to the King of France and the French Nation or to any government which shall be attacked, as soon as shall be required, all the as- sistance necessary to re-establish the public tranquility, and to make common cause against all who may attempt to com- promise it. The present Declaration, inserted in the protocol of the Congress assembled at Vienna, March 13, 1815, shall be made public. ' 97. Treaty of Alliance against Napoleon. March 25, 1815. De Clerey, Traites, II, 474-476. This treaty was framed for the purpose of giving effect to the declaration of March l.S (see No. 96). It shows the strength, pur- pose and general character of the alliance ag,ainst which Napoleon had to contend. Bbfeee>'ces. Fournier, Napoleon, 698-699 ; Rose, Napoleon, II, 412 ; Lavisse and Rambaud. Hisioit^e Generale, IX, 922, X, 47-49. In the Name of the Most Holy and Indivisible Trinity. His Majesty the King of Prussia and His Majesty the King of the United Kingdom of Great Britain and Ireland, having taken into consideration the result which the invasion of France by Napoleon Bonaparte and the present situation of that Kingdom may have for the security of Europe, have resolved of one accord with His Majesty the Emperor of all the Russias and His Majesty the Emperor of Austria, King of Hungary and of Bohemia, to apply to that important cir- cumstance the principles consecrated by the Treaty of Chau- mont. In consequence, they have agreed to renew by a sol- 470 TREATY OF ALLIANCE AGAINST NAPOLEON emn Treaty, signed separately by each of the four powers with each of the other three, the engagement to preserve against every attack the order of things so happily re-estab- lished in Europe and to determine the most effective means to put this engagement into execution, as well as to give it all the extension which, under the present circumstances, it im- peratively requires. 1. The above named High Contracting Parties solemnly agree to unite the means of their respective States, in order to maintain in all their integrity the conditions of the Treaty of Peace concluded at Paris on May 30, 1814, as well as the stipulations agreed to and signed at the Congress of Vienna with the purpose of completing the dispositions of that Treaty and of guaranteeing them against every attack and particularly against the designs of Napoleon Buonaparte. For that purpOiSe if the case should demand it and in the sense of the Declar- ation of March 13 last, they agree to direct in concert and in common accord all their efforts against him and against all who may have already rallied to his faction or who may unite with it hereafter, in order to force them to desist from that project and to render them unable to disturb in the fu- ture the tranquility of Europe and the general peace, under the protection of which the rights, the liberty and the inde- pendence of the nations have just come to be placed and as- sured. 2. Although so great and so beneficent an aim does not permit the means destined for its attainment to be measured, and although the High Contracting Parties have resolved to consecrate to it all those of which, according to their re- spective situations, they can dispose, they have each agreed to keep constantly in the field an hundred fifty thousand men complete, including at least the proportion of one-tenth of cavalry and a just proportion of artillery, without counting garrisons, and to employ them actively and in concert against the common enemy. 3. The High Contracting Parties reciprocally agree not to lay aside their arms except by a common accord and not until the object of the war designated in article i of the present Treaty has been attained, and not until Buonaparte ACT ADDITIONAL 471 shall h^ve been put absolutely beyond the possibility of ex- citing disturbances and of renewing his attempts to seize upon the supreme power in France. 4. The present Treaty being principally applicable to the present circumstances, the stipulations of the Treaty of Chau- mont, and especially those contained in article 14, shall again have all their force and vigor as soon as the present purpose shall have been attained. 7. The engagements stipulated in the present Treaty hav- ing for their purpose the maintenance of the general peace, the High Contracting Parties agree among themselves to in- vite all the Powers of Europe to accede to it. 8. The present Treaty being solely intended for the purpose of supporting France or any other invaded country against the enterprises of Buonaparte and his adherents. His Most Christian Majesty shall be specially invited to give his adher- ence to it and to make known, for the case in which the forces stipulated in article 2 should be required, what assistance cir- cumstances will permit him to bring to the object of the present Treaty. Separate, Additional and Secret Article. As circumstances may prevent His Majesty the King of the United Kingdom of Great Britain and Ireland from keeping constantly in the field the number of troops specified in article 2, it is agreed that His Britannic Majesty shall have the right either to furnish his contingent or to pay at the rate of thirty pounds sterling per annum for each infantryman, to the extent of the number stipulated in article 2. 98. The Act Additional. April 22, 1815. Duvergier, Lois, XIX, 403-410. Upon returning to France Napoleon promised tliat political lib- erty should be secured. This document was promulgated in con- sequence of that promise. It was in the main the work of Ben- jamin Constant, a liberal and former opponent of the Empire. It 472 ACT ADDITIONAL should be compared with the constitutions of the Empire which it supplemented and modified (see Nos. 58, 66 E, 71) and the Constitutional Charter which it replaced (No. 93). As with the preceding imperial constitutions, it was submitted to popular vote. The interest in it, however, was slight. It was never actually put into operation. Refeeencks. Fyffe, Modern Europe, II, 42-45 (Popular ed., 395-397); Fournier, Jiapoleon, 702-705; Eose, Napoleon, II, 414- 415; Sloane, Napoleon, IV, 167-168; Lavisse and Kambaud, His- toire Generale, IX, 919-021. Napoleon, by the grace of God and the constitutions, Em- peror of the French. Since we were called fifteen years ago by the will of France to the government of the State we have sought at different times to improve the constitutional forms, r.ccording to the needs and desires of the nation and by profiting from the lessons of experience. The constitutions of the Empire have thus been formed by a series of acts which have received the acceptance of the people. We had then for our aim to organize a great European federative system, which we had adopted as in conformity with the spirit of the age and favorable to the progress of civilization. In order to bring it to completion and to give to it all the extent and ?11 the stability of which it was susceptible, we had postponed the establishment of several internal institutions, more espec- ially designed to protect the liberty of the citizens. Our aim henceforth is nothing else than to increase the prosperity of France by strengthening public liberty. From this results the necessity of several important alterations in the constitutions, senatus-consuka, and other acts which govern the Empire. For these reasons, wishing, on the one hand, to retain from the past whatever is good and salutary, and, on the other, to make the constitutions of our Empire entirely conformable to the national wishes and needs, as well as to the state of peace which we shall desire to maintain with Europe, we have resolved to propose to the people a series of provisions tending to alter and improve these constitutional acts, to surround the rights of citizens with all their guarantees, to give to the representative system its full extent, to invest the intermediary bodies with desirable importance and power: in a word, to combine tlie highest point of political liberty and individual security with the strength and centralization necessary tg ACT ADDITIONAL 473 make the independence of the French people and the dignity of our crown respected by foreigners. In consequence, the following articles, forming an act supplementary to the con- stitutions of the Empire, shall be submitted for the free and solemn acceptance of all citizens throughout the whole extent of France. TITLE I. GENERAL PROVISIONS. 1. The constitutions of the Empire, particularly the con- stitutional act of 22 Frimaire, Year VIII, the senatus-con- sulta of 14 and 16 Thermidor, Year X, and that of 28 Floreal, Year XII, shall be altered by the following provisions. All of their other provisions are confirmed and maintained. 2. The legislative power is exercised by the Emperor and by two Chambers. 3. The first Chamber, called Chamber of Peers, is hered- itary. 4. The Emperor appoints its members, who are irremov- .u'DJe, they and their male descendants in the direct line from eldest to eldest. The number of peers is unlimited. Adoption does not transmit the dignity of a peer to the one who is the object of it. Peers take seats at twenty-one years of age, but have a deliberative voice only at twenty-five. 5. The Chamber of Peers is p.resided over by the Arch- chancellor of the Empire, or, in the case provided for by article 51 of the senatus-consultum of 28 Floreal, Year XII, by one of the members of that Chamber especially designated by the Empero'-. 6. The members of the imperial family within the order of succession are peers by right. They sit behind the pres- ident. They take seats at eighteen years of age, but have a deliberative voice only at twenty-one years. 7. The second Chamber, called Chamber of Representa- tives, is elected by the people. 8. The members of this Chamber are in number six hun- dred and twenty-nine. They must be at least twenty-five years of age. ' 9. The President of the Chamber of Representatives is appointed by the Chamber at the opening of the first session. 474 ACT. ADDITIONAL He remains in office until the renewal of the Chamber. His appointment is submitted to the approval of the Emperor. 10. The Chamber of the Representatives verifies the pow- ers of its members and pronounces upon the validity of con- tested elections. 11. The members of the Chamber of Representatives re- ceive for the expenses of travel and during the session the compensation decreed by the Constituent Assembly. 12. They are indefinitely re-eligible. 13. The Chamber of Representatives is of right renewed entire every five years. 14. No member of either Chamber can be arrested, saving the case of Hagrante delicto, nor prosecuted for a criminal or correctional matter, during the sessions, except in virtue of a resolution of the Chamber of which he is a part. 15. None can be arrested or imprisoned for debts from the beginning of the convocation nor for forty days after the session. 16. Peers are tried by their Chamber in criminal and cor- rectional matters in the forms which shall be regulated by law. 17. The character of peer or of representative is compat- ible with any public position, except those of accountants. Nevertheless, the prefects and sub-prefects cannot tie elected by the electoral college of the department or the district which they administer. 18. The Emperor sends into the Chambers Ministers of State and Councillors of State, who sit there and take part in the discussions, but have a deliberative voice only in case they are members of the Chamber as peers or as representa- tives of the people. ig. The ministers -who are members of the Chamber of Peers or of that of the Representatives, or who sit bv direc- tion of the Government, give to the Chambers the explanations which are deemed necessary when their publicity does not com- promise the interest of the State. 20. The sittings of the two Chambers are public. Never- theless they can form themselves into secret committee, the Chamber of Peers upon the request of ten members, that of the Representatives upon the request of twenty-five. The Gov- ernment can also require secret committees for communica- ACT ADDITIONAL 473 tions that it has to make. In any case the decisions and the votes can take place only in pubHc session. 21. The Emperor can prorogue, adjourn and dissolve the Qiamber of Representatives. The proclamation which pro- nounces the dissolution convokes the electoral colleges for a new election, and directs the meeting of the Representatives within six months at the latest. 22. During the interval between sessions of the Chamber of Representatives, or in case of dissolution of that Chamber, the Chamber of Peers cannot assemble. 23. The Government has the proposing of the laws ; the Chambers can propose amendments : if these amendments are not adopted by the Government, the Chambers are required to vote upon the law as it has been proposed. 24. The Chambers have the power to invite the Govern- ment to propose a law upon a defined subject and to draw up what seems to it suitable to insert in the law. This request can be made by each of the two Chambers. 25. When a bill is adopted in one of the two Chambers, it is sent to the other; and if it is approved there, it is sent to the Emperor. 26. No written speech, except reports of commissions, re- ports of the ministers upon the laws which are presented, and the accounts which are rendered, can be read in either of the Chambers. TITLE IT, OF THE ELECTORAL COLLEGES AND OF THE MANNER OF ELECTION. 27. The department and district electoral colleges are maintained, in conformity with the senatus-consultum of 16 Thermidor, Year X, except for the modifications that follow. 28. The cantonal assemblies shall fill each year by annual elections all the vacancies in the electoral colleges. 29. Dating from the year 1816, a member of the Chamber of Peers, designated by the Emperor, shall be president, for life and irremovable, of each department electoral college. 30. Dating from the same time, the electoral college of each department shall appoint from among the members of each district college, the president and two vice-presidents. For this purpose the meeting of the department college shall precede that of the district college by fifteen days. 476 ACT ADDITIONAL 31. The colleges of the department and of the district shall appoint the number of representatives fixed for each by the act and the table herewith annexed, number one. 32. Representatives can be chosen without distinction [of residence] within the whole extent of France. Each department or district college which shall choose a representative outside of the department or the district shall select a substitute who shall be taken necessarily fro>m within the department or the district. 33. Industry and manufacturing and commercial property shall have a special representation. The election of the commercial and manufacturing repre- sentatives shall be made by the electoral college of the depart- ment out of a list of eligibles prepared by the Chamber of Commerce and the Consultative Chambers assembled together, according to the act and table herewith annexed. TITLE III. OF THE LAW OF TAXATION. 34. The general direct tax, upon either real estate or per- sonal property, is voted only for one j'ear; the indirect taxes can be voted for several years. In case of the dissolution of the Chamber of Representa- tives, the taxes voted in the preceding session are continued until the new meeting of the Chamber. 35. No direct or indirect tax, in money or in kind, can be collected, no loan can be made, no entry of credits upon the ledgers of the public debt can be made, no domain can be alien- ated or exchanged, no levy of men for the army can be ordered, no portion of the territory can be exchanged, except in virtue of a law. 36. No proposal for taxation, loan or the levy of men, can bo made except by the Chamber of Representatives. 37. To the Chamber of Representatives also is first brought: 1st, the general budget of the State, containing the estimate of the receipts and amount of money proposed to. be assigned for the year to each department of the ministry; 2d, the account of the receipts and experuses of the year or the preceding years. TITLE IV. OF THE MINISTERS AND OF RESPONSIBILITY. 38. All the acts of the Government must be countersigned by a minister having a department. ACT ADDITIONAL 477 39. The ministers are responsible for the acts of the Gov- ernment signed by them, as well as for the execution of the laws. 40. They can be accused by the Chamber of Representa- tivBiS and are tried by that of the Peers. 41. Any minister or any commander of the army or navy can be accused by the Chamber of Representatives and tried by the Chamber of Peers for having compromised the safety or the honor of the nation. 42. The Chamber of Peers in this case exercises a discre- tionary power, either to characterise the oifence or to inflict the penalty. 43. Before pronouncing for the indictment of a minister, the Chamber of Representatives must declare that there is oc- casion to investigate the proposal of accusation. 44. Tliis declaration can be made only after the report of a commission of sixty members drawn by lot. This com- mission does not make its report sooner than ten days after its appointment. 45. When the Chamber has declared that there is occasion to investigate, it can call before it the minister to ask for explanations from him. This call cannot take place until ten days after the report of the commission. 46. In no other case can ministers having departments be called or sent for by the Chambers. 47. When the Chamber of Representatives has de- clared that there is occasion to investigate a minister, there is formed a new commission of sixty members, drawn by lot, as was the first, and this commission makes a new report upon the indictment. This commission cannot make its report until ten days after its appointment. 48. The indictment cannot be pronounced until ten days after the reading and the distribution of the report. 49. The accusation being pronounced, th^ Chamber of Representatives appoints five commissioners taken from its body, to prosecute the accusation before the Chamber of Peers. so. Article 75 of title viii of the constitutional act of 22 Frimaire, Year VIII, providing that the agents of the Gov- ernment can be prosecuted only in virtue of a decision of the Council of State, shall be altered by a law. 478 ACT ADDITIONAL TITLE V. OF THE JUDICIAL POWER. 51. The Emperor appoints all the judges. They are irre- movable, and are appointed for the remainder of their lives, except the appointments of justices of the peace and judges of commerce, which shall take place as in the past. The present judges appointed by the Emperor upon the terms of the senatus- consultum of October 12, 1807, and whom he shall think proper to retain, shall receive life nominations before the first of Jan- uary next. 52. The jury system is retained. 53. Trials in criminal matters are public. 54. Military offences only are under the jurisdiction of the military tribunals. 55. All other offences, even if committed by soldiers, are under the jurisdiction of the civil tribunals. 56. All crimes and offences over which the Imperial High Court had jurisdiction and the trial of which is not reserved by the present act to the Chamber of Peers, shall be brought be- fore the ordinary tribunals. 57. The Emperor has the right to pardon, even in correc- tional matters, and to grant amnesties. 58. The interpretations of the laws asked for by the Court of Cassation shall be given in the form of a law. TITLE VL EIGHTS OF CITIZENS. 59. Frenchmen are equal before the law, whether for con- tribution to public taxes and charges or for admission to civil and military employments. 60. No one under any pretext can be deprived of the judges who are assigned to him by law. 61. No one can be prosecuted, arrested, detained or exiled except in the cases provided for by law and according to the prescribed forms. 62. Liberty of worship is guaranteed to all. 63. All property possessed or acquired by virtue of the laws, and all state-credits, are inviolable. 64. Every citizen has the right to print and publish his thoughts in signed form without any prior censorship, subject to legal responsibility, after publication, by jury trial, even when there may be occasion for the application of only a correctional penalty. TREATY OP PARIS 479 65. The right of petition is secured to all citizens. Every petition is individual. These petitions can be addressed either to the Government or to the two Chambers : but these last also must be entitled : To his Majesty the Emperor. They shall be presented to the Chambers under the guarantee of a member who recommends the petition. They are read publicly ; and if the Chamber takes them into consideration, they are brought to the Emperor by the President. 66. No place nor any part of the territory can be declared in a state of siege, except in the case of invasion on the part of a foreign force, or of civil troubles. In the first case, the declaration is made by an act of the Government. In the second case, it can be made only by a law. Yet, the case occurring, if the Chambers are not assembled, the act of the Government declaring the state of siege must be converted into a proposal for a law within the first fifteen days Oif the meeting of the Chambers. 67. The French people declare that, in the delegation which it has made and which it makes of its powers, it has not in- tended and does not intend to give the right to propose the re-establishment of the Bourbons or of any prince of that fam- ily upon the throne, even in the case of the extinction of the imperial dynasty, nor the right to re-establish either the ancient feudal nobility, or the feudal and seignioral rights, orthe tithes, or any privileged and ruling worship, or the power to bring any attack upon the irrevocability of the sale of the national do- mains ; it especially forbids to the Government, the Chambers and the citizens any proposition of this kind. [The tables mentioned in articles 31 and 33 are omitted. These tables regulated the apportionment of the deputies.] 99. Treaty of Paris. November 20, 1815. Herstlet, Map of Europe ty Treaty, 342- 300. This treaty contains the terms imposed upon France by the Allies at the end of the Hundred Days. By comparing it with the 48o TREATY OF PAEItJ treaty of the previous year (No. 91) a large part of what that episode cost France can be ascertained. Eefebencbs. FyfCe, MoOKm Europe, II, 60-63 (Popular ed., 406-408) ; Andrews, Ifodern Europe, I, 111-113; Seignobos, Europe Hlnce IW,, 113-114 ; Lavisse and Rambaud, Histoirc Generate, IX, 030-931. In the Name of the Most Holy and Undivided Trinity. The Allied Powers having by their united efforts, and by the success of their arms, preserved France and Europe from the convulsions with which they were menaced by the late enterprise of Napoleon Bonaparte, and by the revolutionary system reproduced in France, to promote its success ; par- ticipating at present with His Most Christian Majesty in the desire to consolidate, by maintaining inviolate the Royal authority, and by restoring the operation of the Constitutional Charter, the order of things which had been happily re- established in France, as also in the object of restoring be- tween France and her neighbours those relations of recipro- cal confidence and good will which the fatal effects of the Revolution and of the system of Conquest had for so- long a time disturbed : persuaded, at the same time, that this last object can only be obtained by an arrangement framed to se- cure to the Allies proper indemnities for the past and sohd guarantees for the future, they have, in concert with His Majesty the King of France, taken into consideration the means of giving effect to this arrangement ; and being satisfied that the indemnity due to the Allied Powers cannot be either entirely territorial or entirely pecuniary, without prejudice to France in one or other of her essential interests, and that it would be more fit to combine both the modes, in order to avoid the inconvenience which would result, were either re- sorted to separately, their Imperial and Royal Majesties have adopted this basis for their present transactions ; and agree- ing alike as to the necessity of retaining for a fixed time in the Frontier Provinces of France, a certain number of allied troops, they have determined to combine their different ar- rangements, foimded upon these bases, in a Definitive Treaty. I. The frontiers of France shall be the same as they were in the year 1790, save and except the modifications on one TREATY OF PARIS 481 side and on the other, which are detailed in the present Ar- •ticle. [This line is indicated in the maps facing p. 350 of Herst- let, Map of Europe by Treaty.] 4. The pecuniary part of the indemnity to be furnished by France to the Allied Powers is fixed at the sum of 700,- 000,000 Francs. . 5. The state of uneasiness and fermentation, which after so many violent convulsions, and particularly after the last catastrophe, France must still experience, notwithstanding the paternal intentions of her King, and the advantages secured to every class of his subjects by the Constitutional Charter, requiring for the security of the neighbouring States, certain measures of precaution and of temporary guarantee, it has been judged indispensable to occupy, during a fixed time, by a corps of Allied Troops certain military positions along the frontiers of France, under the express reserve, that such occupation shall in no way prejudice the Sovereignty of His Most Christian Majesty, nor the state of possession, such as it is recognized and confirmed by the present Treaty. The number of these troops shall not exceed 150,000 men. . . As the maintenance of the army destined for this service is to be provided by France, a Special Convention shall reg- ulate everything which may relate to that object. . The utmost extent of the duration of this military occupation is fixed at 5 years. It may terminate before that period if, at the end of 3 years, the Allied Sovereigns, after having, in concert with His Majesty the King of France, maturely examined their material situation and interests, and the progress which shall have been made in France in the re- establishment of order and tranquility, shall agree to acknowl- edge that the motives which led them to that measure have ceased to exist. But whatever may be the result of this delib- eration, all the Fortresses and Positions occupied by the Allied troops shall, at the expiration of s years, be evacuated with- out further delay, and given up to His Most Christian Maj- <^sty, or to his heirs and successors. II. The Treaty of Paris of the 30th of May, 1814, and 16 482 TREATY OF ALLIANCE AGAINST FRANCE the Final Act of the Congress of Vienna of the pth of June, i8is, are confirmed, and shall be maintained in all such of • their enactments which shall not have been modified by the Articles of the present Treaty. 100. Treaty of Alliance against France. November 20, 1815. Herstlet, Map of Europe 6m Treaty, 372- 375. This secret treaty was signed at Paris on the same day as the treaty of peace with France (No. 99). It shows what Europe still feared from Prance and the measures which the Allies believed to be necessary in order to avert that danger. It is also important in connection with that concert of Powers later known as the Holy Alliance. Its relationship towards the Holy Alliance treaty of September 26, 1815, and the actual alliance should receive careful attention. References. Fyffe, Modern Europe, II, 63-66 (Popular ed., 408-411) ; Andrews, Modern Europe, I, 117-121 ; Lavlsse and Kam- baud, Histoire Oenerale, X, 65-68. In the Name of the Most Holy and Undivided Trinity. The purpose of the alliance concluded at Vienna the 2Sth day of March, 1815, having been happily attained by the re- establishment in France of the order of things which the last criminal attempt of Napoleon Bonaparte had momentarily subverted ; Their Majesties the King of the United Kingdom of Great Britain and Ireland, the Emperor O'f Austria, King of Hungary and Bohemia, the Emperor of all the Russias, and the King of Prussia, considering that the repose of Europe is essentially interwoven with the coniirtnation of the order of things founded on the maintenance of the Royal Author- ity and of the Constitutional Charter, and wishing to employ all their means to prevent the general Tranquility (the object of the wishes of mankind and the constant end of their efforts), from being again disturbed; desirous moreover to draw closer the ties which unite them for the common Interests of their people, have resolved to give to the principles solemnly laid down in the Treaties of Chaumont of the ist March 1814, and of Vienna of the 25th of March, 1815, the applica- TREATY OF ALLIANCE AGAINST FEANCE 483 tion the most analogous to the present state of aflfairs, and to fix beforehand by a solemn Treaty the principles which they propose to follow, in order to guarantee Europe from dangers by which she may still be menaced; . 1. The High Contracting Parties reciprocally promise to maintain, in its force and vigour, the Treaty signed this day with His Most Christian Majesty, and to see that the stipula- tions of the said Treaty, as well as those of the Particular Conventions which have reference thereto, shall be strictly and faithfully executed in their fullest extent. 2. The High Contracting Parties, having engaged in the war which has just terminated for the purpose of maintain- ing inviolably the Arrangements settled at Paris last year, for the safety and interest of Europe, have judged it advisable to renew the said Engagements by the present Act, and to confirm them as mutually obligatory, subject to the modifica- tions contained in the Treaty signed this day with the Plen- ipotentiaries of His Most Christian Majesty, and particularly those by which Napoleon Bonaparte and his family in pur- suance of the Treaty of the nth of April, 1814, have been forever excluded from Supreme Power in France, which ex- clusion the Contracting Powers bind themselves, by the pres- ent Act, to maintain in full vigour, and, should it be necessary, with the whole of their forces. And as the same Revolution- ary Principles which upheld the last criminal usurpation, might again, under other forms, convulse France, and thereby en- danger the repose of other States ; under these circumstances, the High Contracting Parties solemnly admitting it to be their duty to redouble their watchfulness for the tranquility and interests of their people, engage, in case so unfortunate an event should again occur, to concert among themselves, and with His Most Christian Majesty, the measures which they may judge necessary to be pursued for the safety of their respective States, and for the general Tranquility of Europe. 3. The High Contracting Parties, in agreeing with His Most Christian Majesty that a line of Milita.ry Positions in France should be occupied by a corps of Allied Troops during a certain number of years, had in view to secure, as far as lay in their power, the effect of the stipulations contained in 484 TREATY OF ALLIANCE AGAINST FRANCE articles i and 2 of the present Treaty, and uniformly disposed to adopt every salutary measure calculated to secure the tranquility of Europe by maintaining the order of things re- established in France, they engage, in case the said body of troops should be attacked or menaced with an attack on the part of France, that the said Powers should be again obliged to place themselves on a war establishment against that Power, in order to maintain either of the said stipulations, or to secure and support the great interests to which they relate, each of the High Contracting Parties shall furnish, without delay, according to the stipulations of the Treaty of Chaumont, and especially in pursuance of articles 7 and 8 of that Treaty, its full contingent of 60,000 men, in addition to the lorces left in France, or such part of the said contingent as the exigency of the case may require, should be put in motion. 4. If, unfortunately, the forces stipulated in the preceding Article should be found insufficient, the High Contracting Par- ties will concert together, without loss of time, as to the ad- ditional number of troops to be furnished by each for the support of the common cause ; and they engage to employ, in case of need, the whole of their forces, in order to bring the War to a speedy and successful termination, reserving to themselves the right to prescribe, by common consent, such conditions of Peace as shall hold out to Europe a sufficient guarantee against the recurrence of a similar calamity. 5. The High Contracting Parties having agreed to the dis- positions laid down in the preceding Articles, for the purpost of securing the effect of their engagements during the period of the temporary occupation, declare, moreover, that even after the expiration of this measure, the said engagements shall still remain in full force and vigour, for the purpose of carrying into effect such measures as may be deemed neces- sary for the maintenance of the stipulations contained in articles i and 2 of the present Act. 6. To facilitate and to secure the execution of the present Treaty, and to consolidate the connections which at the pres- ent moment so closely unite *he Four Sovereigns for the hap- piness of the world, the High Contracting Parties have agreed to renew their Meetings at fixed periods, either under the im- mediate auspices of the Sovereigns themselves, or by their re- PRESS LAWS OF THE RESTORATION 485 spective Ministers, for the purpose of consulting upon their common interests, and for the consideration of the measures which at each of those periods shall be considered the most salutary for the repose and prosperity of Nations, and for the maintenance of the Peace of Europe. 101. Press Laws and Ordinances of the Restoration. The Constitutional Cliarter contained only general provisions upon the press and tlie election of deputies. Both matters, therefore, had to be regulated by ordinances or laws, and the political battles of the period 3S15-1830 centered largely about these measures. With each pronounced chang3 of general policy there was usually some alteration of the measures regulating one or both matters. For this reason these documents upon tlie press illustrate the gen- eral tendency of the policy pursued during the period. Document D was promulgated after the Chamber of Peers had rejected a project of law more restrictive than document C. References. Seignobos, Europe Since 18U,, 120-125, passim; Andrews, Modern Europe, I, 150-166, passim; Lavisse and Ram- baud, Histoire Generale, X, 107-109, 111, 115, 131-133. A. Law upon the Press. June 9, 1819. Duvergier, Lois, XXII, 165-166. I. The proprietors or editors of any newspaper or period- ical work, devoted in whole or in part to news or political matters, and appearing either on a fixed day or in parts, or irregularly, but more than once per month, shall be required, 1st. To make a declaration setting forth the name of at least one proprietor or responsible editor, his residence and the duly authorised printing office at which the newspaper or periodical work must be printed; 2d. To_^ furnish a money deposit which shall be, in the departments of the Seine, Seine-et-Oise and Seine-et-Marne, ten thousand francs of yearly income for daily newspapers, and five thousand francs of yearly income for newspapers or periodical works appearing at less frequent intervals ; And in the other departments, the money deposit for daily newspapers shall be two thousand five hundred francs of yearly income in cities of fifty thousand souls and upwards ; of fif- teen hundred francs of yearly income in the cities below 486 PRESS LAWS OP THE RESTORATION [fifty thousand], and of half these yearly incomes for newspapers or periodical works which appear at less frequent intervals. 2. The responsibility of the authors or editors named in the declaration shall extend to all the articles inserted in the newspaper or periodical work, without prejudice to the mu- tual responsibility of the authors or writers of the said articles. S- At the moment of the publication of each sheet or part of the newspaper or periodical writing, a copy thereof, signed by a proprietor or responsible editor, shall be sent to the prefecture in the head-towns of the departments, to the sub- prefecture in those of the district, and in the others, to the maire. This formality shall not delay nor suspend the dispatching or distribution of the newspaper or periodical work. 6. Whoever shall publish a newspaper or periodical work without complying with the conditions prescribed by articles I, 4 and S of the present law shall be punished correctionally with an imprisonment of from ?ne month to six months and. a^fine_of from two hundred francs to twelve hundred francs. 7. The editors of any newspaper or periodical work shall not render an account of the secret sessions of the Chambers, ror of one of them, without their authorisation. 9. The proprietors or responsible editors of a newspaper or periodical work, or the authors or writers of articles printed in the said newspaper or work, accused of crimes or offences for act of publication, shall be prosecuted and tried in the forms and according to the distinctions prescribed with re- spect to all other publications. B. Law upon the Press. March 31, 1820. Duvergier, Lois, XXII, 409-410. I. The free publication of newspapers and periodical works devoted in whole or in part to news and to political matters, PRESS LAWS OF THE RESTORATION 487 and appearing either at a fixed day or irregularly and by parts, is temporarily suspended until the term hereinafter fixed. 2. None of the said newspapers and" periodical* works can be published except with the authorisation of the King. However, the actually existing newspapers and periodical works shall continue to appear, upon conforming with the pro- visions of the present law. 3. The authorisation required by the preceding article can be accorded only to those which shall prove that they have conformed with the conditions prescribed in article I of the law of June 9, 1819. 4. Before the publication of any sheet or part, the manu- script must be submitted, by the proprietor or responsible ed- itor, to a prior examination. 5. Any proprietor or responsible editor who may have caused to be printed a sheet or a part of a newspaper or peri- odical work without having communicated it to the censor before printing, or who may have inserted in one of the said sheets or parts an article not communicated or not approved, .shall be punished correctionally by an imprisonment of from one month to six mionths, and by a fine ot from two hundred francs to twelve hundrijd francs, without prejudice to the pros- ecutions to which the contents of these sheets, parts and articles may give occasion. 6. When a proprietor or responsible editor shall be pros- ecuted in virtue of the preceding article the G overnment £an pronounce the suspension of the nejvspaperjQr.psuodicaL work "UtJL ^^ S- jlld > cjal^ decjsiop. 7. Upon inspection of the judgment of condemnation, the Government can prolong for a term which shall not exceed six months, the suspension of the said newspaper or periodical work. In case of repetition it can pronounce definitively the suppression thereof. 8. No printed, engraved or lithographic design can be pubhshed, exposed, distributed or put on sale, without the prior authorisation of the Government Those who may contravene this provision shall be pun- ished with the penalties provided in article 5 of the present law. g. The provisions of the laws of May 17, May 26, and 488 PRESS LAWS OP THE EESTOEATION June 9, 1819, in which there is no alteration by the above articles shall continue to be executed. 10. The present law of right shall cease to have its effect at the end of the session of 1820. C. Law upon the Press. March 17, 1822. Duvergier, Lois, XXIII, 478-480. 1. No newspaper or periodical work, devoted in whole or in part to news or to political matters, and appearing either regularly and at fixed day, or by parts and irregularly, can be established and published without the authorisation of the King. This provision is not applicable to the newspapers and peri- odical works existing January i, 1822. 2. The first copy of each sheet or part of periodical works and newspapers, at the very instant of its issue from the press, shall be dispatched to and deposited at the office of the pro- cureur of the King of the place of printing. This remittance shall take the place of that which was prescribed by article 5 of the law of June 9, 1819. 3. In the case in which the spirit of a newspaper or periodical work, resulting from a succession of articles, may be of a nature to constitute an attack upon the public peace, the respect due to the rehgion of the State or other religions legally recognized in France, the authority of the King, the stability of the constitutional institutions, the inviolability of the sales of the national lands and the tranquil possession of these properties, the royal courts in the jurisdiction of which they shall be established, in solemn audience of two chambers and after having heard the procureur-general and the parties, shall be able to pronounce the suspension of the newspaper or periodical work during a time which cannot exceed one month for the first time and three months for the second. After these two suspensions, in case of new repetition, defin- itive suppression can be ordered. 4. If, in the interval of the sessions of the Chambers, grave circumstances should render momentarily insufficient the established measures of guarantee and repression, the laws of March 31, 1820, and of July 26, 1821, can be immediately put into operation again, in virtue of an ordinance of the King KEEPER OF THE SEALS CIRCULAR 489 deliberated in Council of State and countersigned by three ministers. This provision of right shall cease one month after the opening of the session of the two Chambers, if, during that interval, it has not been converted into a law. It, likewise of right, shall cease the day on which may be published an ordinance which pronounces the dissolution of the Chamber of Deputies. 5. The provisions of previous laws in which there is no alteration by the present shall continue to be executed. D. Royal Ordinance upon the Press. June 24, 1827. Du- vergier, Lnis, XXVII, 290. Charles, etc., upon the report of our Minister-Secretary of State for the department of the Interior, in view of our or- dinance of this day, concerning the putting in operation of the laws of March 31, 1820, and of July 26, 1821, relative to the publication of newspapers and periodical works, etc. 1. There shall be at Paris, in the service of our Minister- Secretary of State for the department of the Interior, a bureau charged with the prior examination of all newspapers and periodical works. 2. This bureau shall be composed of six censors, who shall be appointed by us, upon the presentation of our Minister- Secretary of State of the Interior. 3 Every number of a newspaper or periodical work, before being printed, must have been furnished with the visa of this bureau, which shall authorise the publication thereof, in con- formity with article S of the law of March 31, 1820. 6. In the departments, the prefects shall appoint, according to the needs, one or several censors charged with the prior e.xamination of the newspapers which shall be published there. 102. Circular of ths Keeper of the Seals. About February 1, 1S24. Momteur, February 4, 1824. In February, 1824, a. general election for members of the Cbam- 490. KEEPER OF THE SEALS CIECDLAR ber of Deputies occurred. The reactionary ministry then in office left no stone unturned in its efforts to secure a large majority favorable to itself. This document, which was sent to all of the pi-efects, illustrates the kind of methods employed by the min- istry in that election and is also typical of the manner in which Ihe administrative officials were used throughput the period. The. election produced an overwhelming majority for the ministry. References. Seignobos, Europe Since ISli, "123 ; Lavisse and, Eambaud, Ilistoire Gcnerale, X, 121-122. The King has deemed it useful for the vcelfare of the State to dissolve the Chamber of Deputies and to order the general elections. The experience " which you have acquired in affairs will not permit you to misunderstand the aim of that measure, and the knowledge which you have of thfe interests of France and of your duties will have long since appraised you of the zeal which you ought to display in order to assure the success of it. Instability cannot be an isolated accident in the State. When the systems of the Government change it soon descends to the lowest grades of the scale of public employments, ■ and there is no functionary or magistrate, whatever may be his rank or his employment, who ought not to desire for himself that the general administration should receive and preserve a uniform and constant direction. On the other hand, sir^ the Government confers public erii- ployments only in order that it may be served and supported.- Whoever accepts a place contracts at the same time an obliga- tion to consecrate his efforts, his talents, and his influence to the service of the Government : it is a contract of which re- ciprocity forms the bond. If the Government withdraws the place, the one who loses it recovers the right to- dispose of himself and to regulate at his own will all the actions of his public life ; if the functionary refuses to the Government the services which it expects of him, he betrays his fidelity and breaks voluntarily the compact of which the position that he fills has been the object and the condition. It is the most certain and the most irrevocable of abdications : the Gov- ernment owes nothing further to one who does not render to it all that he owes it. Make haste, sir, to recall these truths to your deputies, the officers of the judicial police and the ministerial officials' of DISSOLUTION OF THE CHAMBER 491 your jurisdiction, all those, in a word, of whonj the law has made you the overseer and guide. Say to them that I demand of them a loyal, active and effective co-operation. Prescribe for them a prudent and uniform conduct. Condemn without qualification all division in voting, of which the most certain effect would be to offer chances of success to the opposition; Announce to them that you will be attentive to their proceed- ings, and be particular to fulfill that promise. I like to persuade myself that you will have only favorable reports to transmit to me, and that I myself shall have to transmit to them only thanks and eulogies. Receive, sir, assurance of a perfect consideration. 103. Documents upon the Dissolution of 1830. The dissolution of the Chamber of Deputies in March, 1830, and the election that followed were the prelude to the July Revolu- tion. These documents bring out clearly the reason why Chariea X dissolved the Chamber and the issue presented at the election, which was a complete triumph for the opposition to the King. References. Pyfle, Modern Europe, II, 364-368 (Popular ed., 608-611) ; Seignobos. Europe Since IBU, 128 ; Andrews, Modern Europe, I, 170-173 ; Lavisse and Bambaud, Bistoire Generale, X, 278-282. A. The King's Speech. March 2, 1830. Moniteur, March 3, 1830. Gentlemen : It is always with confidence that I gajther around my throne the peers of the kingdom and the deputies of the de- partments. Gentlemen, the first longing is to see France, happy and respected, develop all the wealth of its soil and its industry and enjoy in peace the institutions whose advantages I have firmly determined to consolidate. The Charter has placed the public liberties under the safeguard of the rights of my crown : these rights are sacred; my duty towards my people is to transmit them intact to my successors. Peers of France and deputies of the departments, I do not 492 DISSOLUTION OF THE CHAMBER doubt of your co-operation in order to secure the gain which I wish to effect; you will repulse the perfidious insinuations which malevolence seeks to propagate. If culpable maneuvers raise up against my Government obstacles which I do not wish to anticipate, I will find the power to surmount them in my resolution to maintain the public peace, in the just confidence of Frenchmen and the love which they have always borne for their Kings. B. Reply of the Chamber of Deputies. March i8, 1830. Moniteur, March 19, 1830. Sire, It is with an enduring gratification that your faithful sub- jects, the deputies of the departments, assembled around your throne, have heard from your august lips the flattering testi- mony of the confidence which you have accorded them. . . . Summoned by your voice from all points of your king- dom, we bring you from all parts. Sire, the homage of a faithful people, once more aroused at having seen you the most beneficent of all in the midst of universal beneficence, and who revere in you the accomplished model of all the most touch- ing virtues. Sire, this people cherish and respect your author- ity; fifteen years of peace and of liberty, which they owe to your august brother and to you, have profoundly enrooted in their hearts the gratitude which attaches them to your royal family; their reason, matured by experience and by liberty of discussion, says to them that it is especially in matters of authority that antiquity of possession is the most sacred of all titles, and that it is for their welfare as well as for your glory that the ages have placed your throne in a region inac- cessible to storms. Their convictions, then, are in accord with their duty in placing before themselves the most sacred rights of your Crown as the surest guarantee of their liberties and the integrity of your prerogatives as necessary for the pres- ervation of these rights. Neverthless, Sire, in the midst of the unanimous sentiments of respect and affection with which your people surround you, there is manifested in their minds a lively disquietude which disturbs the security that France had commenced to enjoy, affects the sources of its prosperity, and, if it should be pro- DISSOLUTION OP THE CHAMBER 493 longed, might become disastrous to its repose. Our conscience, our honor, the fideUty to you which we have sworn and which we shall always preserve, impose upon us the duty of disclos- ing to you the cause of this. Sire, the Charter, which we owe to the wisdom of your august predecessor, and the advantages of which Your Majesty is firmly determined to consolidate, consecrate, as a right, the p guicipalioii; iif the cuu i i lr y~in'^the~^eltteratroirT3^n 'public interest s. That participation ought to be, it is in effect, in- direct, ^vjsely me3suT.ed.-Ari!i---£iE?jyQS£rib.ed.- withiii„.limits e xactly traced, an d which we shall .never ^suffer tIiat_MX£SP should attempt to breat_; but it is positive in its results; for it is made by the permanent co-operation of the political views of your Government with the wishes of your people, the indispensable condition of the regular progress of public affairs. Sire, our loyalty and our devotion to you c ondemn us to te lLyou that this co-operaTicrff~doeB~npt~exi^t. An unjust contempt for the sentiments and the reason of France is to-day the fundamental thought of the Adminisitra- tion. Your people are afflicted thereat, because it is injurious to them; they are disturbed thereat, because it is menacing to their liberties! This contempt could not proceed from your noble heart. No, Sire, France no more wishes for anarchy than you wish for despotism; it is fitting thait you should have faith in its loyalty, as it has faith in your promises. Between those who misunderstand a nation so calm and so faithful and us who with a profound conviction come to set forth in your presence the grievances of a people envious above everything else for the esteem ajid confidence of their King, let the lofty wisdom oi your Majesty pronounce! His [your] royal prerogatives have placed in his [your] 'hands the means of assuring among the powers of the State that constitutional harmony the first and necessary condition of the power of the Throne and of the grandeur of France. C. Response of the King. March 18, 1830. Moniteur, March 19, 1830. Sir, I have heard the address which you present me in the name of the Chamber of Deputies. 494 DISSOLUTION OF THE CHAMBER I have a right to count upon the co-operation of the two chambers in order to accomplish all of the good which I was meditating; n\y heart is aflBicted at seeing the deputies of the departments declare that on their part that co-operation does not exist. Gentlemen, I have announced my determinations in my discourse at the opening of the session. Those determin- ations are immovable; the interest of my people forbids me to depart therefrom. My ministers will make known to you my intentions. D. Proclamation of the King. June 13, 1830. Duvergier, Lois, XXX, s6. Charles, by the grace of God, King of France and of Na- varre, to all those to whom these presents shall come, greet- ing. Frenchmen, The late Chamber of Deputies misconceived my intentions. I had the right to count upon its co-operation in order to ac- complish the good which I was meditating: it refused it to me! As father of my people, my heart is afflicted thereat; as King, I have been offended at it: I have pronounced the dissolution of that chamber. Frenchmen, your prosperity constitutes my glory; your welfare is mine. At the moment in which the electoral col- leges are about to open at all points of my kingdom, you will hear the voice of your King. To maintain the Constitutional Charter and the institutions which it has founded has been and ever shall be the aim of my efforts. But, in order to attain that aim, I ought to exercise that judgment freely and to make respected the sacred rights which are the appanage of my crown. It is in them that the guarantee of the public repose and of your liberties lies. -The nature of the Government would be altered, if culpable attacks should enfeeble my preroga- tives, and I would betray my oaths if I should suffer it. Under the shelter of this Government, France has become flourishing and free. She owes to it her liberties, her credit and her industry. France has nothing to envy in other States, JULY REVOLUTION 495 and can aspire only to the preservation of the advantages which she enjoys. Reassure yourselves then about your rights. I blend them with mine, and I will protect them with an equal solicitude. Do not allow yourselves to be led astray through the lan- guage of the insidious enemies of your repose. Repel un- worthy suspicions and false fears, which would disturb public confidence and might excite grave disorders. The designs of those who propagate these fears will fail, whoever they may be, before my immovable resolution. Your security and your interests shall no more be compromised than your liberties ; I watch over the one as over the others. Electors, make haste to gather in your colleges. Do not let a reprehensible negligence deprive them of your presence ! Let a single sentiment animate you, let a single flag rally you! It is your King who asks it of you ; it is a father who calls you. Fulfil your duties ; I shall know how to fulfil mine. Given at our chateau of the Tuileries, the 13th day of the m.onth of June of the year of grace 1830, and of our reign the sixth. Signed, CHAiaES. 104, Documents upon the July Revolution. The July Revolution passed througli three quite distinct phases. In the flrst phase it was simply a protest against the July Ordi- nances and the popular cries wei'e "Vive la Chwrta" "Down with the ministers." In the second phase it became a movement for the overthrow of the Bourbon Monarchy and the popular cry was "Down with the Bourbons." In the third phase it became a move- ment to make Louis Philippe king and the popular cry was "Tive Louis Philippe." Documents A, B and C throw light upon the lirst phase, the remainder upon the third phase. From the docu- ments much can be learned about the causes for the unpopularity of the Bourbon r§gime, why the candidacy of Louis Philippe was favorably received and the real character of the change effected -by the revolution. Refehencbs. FySEe, Modern Europe, II, 368-379 (Popular ed., t)ll-618) ; Seignobos, Europe Since 18U, 129-132 ; Andrews, Mod- ern Europe, I, 173-179 ; Layisse and Rambaud, Eisioire Generale, ' X, 282-292. A. The July Ordinances. July 25, 1830. Duvergier, Lois, XXX, 74-7^" 496 JULY REVOLUTION I. Ordinance for Suspending Liberty of the Press. Charles, etc. Upon the report of our council of ministers, We have ordained and do ordain as follows : 1st. The liberty of the periodical press is suspended. 2d. The provisions of articles i, 2, and 9 of the ist title of the law of October 21, 1814, are again put in force. In consequence, no newspaper or periodical or semi-peri- odical work, established or to be established, without discrim- ination as to the matters which shall be treated therein, shall appear, either in Paris or in the departments, except in virtue of an authorisation, which the authors and the printer thereof shall have separately obtained from us. This authorisation must be renewed every three months. It can be revoked. 3d. The authorisation can be provisionally granted and provisionally withdrawn by the prefects for newspapers and« periodicals or semi-periodical works published or to be pub- lished in their departments. 4th. Newspapers and works published in contravention of article 2, shall be immediately seized. The presses and the type which shall have been used for their printing shall be placed in a public repository under seals or be put out of service. Sth. No work of less than twenty printed sheets can ap- pear without the authorisation of our Minister-Secretary of State of the Interior at Paris, and of the prefects in the departments. Any work of more than twenty printed pages which does not constitute a connected work, shall likewise be subject to the necessity of authorisation. Works published without authorisation shall -be immediate- ly seized. The presses and type which shall have been used for their printing shall be placed in a public repository under seal or put out of service. 6th. Proceedings upon law suits and the transactions of scientific or literary societies are subject to prior authorisa- tion, if they treat in whole or in part of political matters, in JULY EEVOLUTION 497 *3iich case the measures prescribed in article s shall be applicable to them. 7th. Any provision contrary to the present [provisions] shall remain without force. 8th. The execution of the present ordinance shall take place in conformity with article 4 of the ordinance of No- vember 27, 1816, and of what is prescribed by that of January 18, 1817. 9th. Our Ministers-Secretaries of State are changed, etc. II. Ordinance for Dissolving the Chamber of Deputies. Charles, etc. In view of article 50 of the Constitutional Charter; Being informed of the maneuvers which have been prac- tised at many points in our kingdom in order to deceive and mislead the electors during the late operations of the electoral colleges ; Our Council having been" heard ; We have ordained and do ordain as follows : 1st. The Chamber of Deputies of the departments is dis- solved. 2d. Our Minister-Secretary of State of the Interior (Count de Peyronnet) is charged, etc. III. Ordinance upon the Elections. Charles, etc. Having resolved to prevent the recurrence of the maneuvers which have exercised a pernicious influence during the late proceedings of the electoral bodies ; Wishing, therefore, to reform, in accordance with the principles of the Constitutional Charter, the rules of election of which experience has made the inconveniences felt ; We have recognized the necessity of making use of the right which belongs to us, to provide, by acts emanating from us, for the safety of the State and for the repression of any enterprise attacking the dignity of our crown; For these reasons. Our Council having been heard, We ordain and do ordain as follows : 1st. In conformity with articles IS, 36 and 50 of the Con- stitutional Charter, the Chamber of Deputies shall be com- posed only of deputies of the departments. 498 JULY EEVOLUTION ' 2d. The electoral ' property qualification and the property qualification for eligibility shall be composed exclusively oi the sums for which the elector or eligible person shall be personally enrolled, in the capacity of proprietor or usufruc- tuary upon the roll of the land tax and of the personal prop- erty tax. 3d. Each department shall have the number of deputies which is assigned to it by article 36 of the Constitutional Charter. 4th. The deputies shall te elected and the chamber, shall be renewed in the form and for the time determined by article 37 of the Constitutional Charter. Sth. The electoral colleges shall be divided into district col- leges and department colleges. Nevertheless the electoral colleges of the departments to which only one deputy is assigned are excepted. 6th. The district electoral colleges shall be composed of all the electors whose political residence shall be established in the district. The department electoral colleges shall be composed, of the -fourth of the electors of the department who are most heavily taxed. 7th. The existing circumscription of the district electoral colleges is maintained. Sth. Each district electoral college shall elect a number of candidates equal to the number of the deputies of the de- partment. 9th. The district college shall be divided into as many sec- tions as there are candidates to be selected. This division shall be made in proportion to the number ■of sections and to the total number of electors of the college, having regard therein, as far as shall be possible, to the con- venience of the localities and of the neighborhoods. loth. The sections of the district electoral college can be assembled in different places. nth. Each section of the district electoral college shall elect one candidate and shall proceed separately. i2th. The' presidents of the sections of the district electoral .colleges shall be appointed .'by the prefects from among the -electors of the district. JUI.Y REVOLUTION 499 13th. The department electoral college shall elect the dep- uties. Half the deputies of the department must be chosen from the general list of the candidates proposed by the district electoral colleges. Nevertheless, if the number of deputies of the department is odd, the division shall be made without abatement of the right reserved to the college of the department. 14th. In the case where, by reason of omissions, invalid nominations, or double nominations, the list of candidates pro- posed by the electoral bodies of the district may be incom- plete, if this list is reduced to less than half the required num her, the department electoral college can elect one more deputy from outside of the list; if the list is reduced to less than a quarter, the department college can elect from outside of the list the total number of the deputies of the department. iSth. The prefects, sub-prefects and general officers com mandingthe military divisions and the departments cannot be elected in the departments in which they exercise their func- tions. i6th. The list of the electors shall be drawn up by the prefect in the council of prefecture. It shall be posted five days before the meeting of the colleges. 17th. Complaints witn regard to the right of voting to which justice has not been done by the prefects shall be judged by the Chamber of Deputies, at the same time that it decides on the validity of the proceedings of the college. i8th. In the department electoral colleges the two most aged electors and the two most heavily taxed shall discharge the duties of tellers. The same arrangement shall be observed in the sections of the district colleges composed of more than fifty electors. In the other college sections the duties of teller shall be discharged by the most aged and by the most heavily taxed of the electors. The secretary in the colleges and college sections shall be appointed by the president and the tellers. 19th. Nobody shall be admitted into the college or college section, unless he is registered upon the list of the electors ■who have a right to participate therein. This list shall be sent Soo JULY REVOLUTION to the president and shall remain posted in the place of the meetings of the college during the continuance of its pro- ceedings. 20th. All discussion and all deliberation whatsoever in the midst of the electoral colleges shall be forbidden. 2ist. The policing of the college belongs to the president. Without his request no armed force can be stationed near the place where the sittings are held. Military commanders shall be required to comply with his requests. 22d. The nominations shall be made in the colleges and college sections by a majority of the votes cast. Nevertheless, if the selections are not decided after two ballots, the bureau shall draw up a list of the persons who shall have obtained the most votes at the second ballot. It shall contain a^ number of names double that of the selec- tions which shall still remain to be made. At the third ballot votes can be given only for the persons enrolled upon this list, and the selection shall be made by plurality. 23d. The electors shall vote by ballot. Each ballot shall contain as many names as there are selections to be made. 24th. The electors shall write their vote at the desk or shall have it written there by one of the tellers. 25th. The name, title and domicile of each voter who shall deposit his ballot shall be entered by the secretary upon a list intended to authenticate the number of voters. 26th. Each ballot shall remain open for six hours and shall be canvassed forthwith. 27th. A record shall be drawn up for each sitting : this record shall be signed by all the members of the bureau. 28th. In conformity with article 46 of the Constitutional Charter, no amendment to any law can be made in the Cham- ber, unless it has been proposed or consented to by us, and unless it has been sent back to and discussed in the bureaux. 29th. Any provisions contrary to the present ordinance shall remain without force. ,Wth. Our Ministers- Secretaries of State are charged, etc. IV. Ordinance for Convoking the Electoral Colleges. Charles, etc. In view of the royal ordinance, dated this day, relative to the organization of the electoral colleges ; JULY REVOLUTION SOI Upon the report of our Minister-Secretary of State of the department of the Interior; We have ordained and do ordain as follows : 1st. The electoral colleges shall meet as follows : the dis- trict electoral colleges September 6th next and the depart- ment elertoral colleges the 13th of the same month. 2d. The Chamber of Peers and the Chamber of Deputies of the departments are convoked for the 28th of the month of September next. 3d. Our Minister-Secretary of State of the Interior (Count de Peyronnet) is charged, etc. B. Protest of the Paris Journalists. July 26, 1830. La- visse and Rambaud, Histoire Generate, X, 283. The legal regime is interrupted, that of force is begun. The Government has violated legality, we are absolved from obedience. We shall attempt to publish our papers without asking for the authorisation which is imposed upon us. The Government has to-day lost the character which commands obedience. We are resisting it in that which concerns us; it is for France to decide how far its own resistance must ex- tend. C. Protest of the Paris Deputies. July 27, 1830. Du- vergier, Lois, XXX, 81. The undersigned, regularly elected [to the Chamber of Deputies] and at present in Paris, consider themselves ab- solutely obliged by their duty and their honor to protest against the measures which the councillors of the crown have recently made to prevail for the overthrow of the legal system of elections and the ruin of the liberty of the press. The said measures, contained in the ordinances of July 25, are, in the eyes of the undersigned, directly contrary to the constitutional rights of the Chamber of Peers, to the public law of the French, to the prerogatives and decrees of the tribunals and calculated to throw the whole State into a con- fusion which would compromise both present peace and fu- ture 'Security. In consequence, the undersigned, inviolably faithful to then oath, protest with one accord, not only against the said meas- 502 JULY REVOLUTION ures, but also against all the acts which may be the conse- quence of them. And seeing, on the one hand, that the Chamber of Dep- uties, not having been constituted, cannot be legally dissolved; and on the other hand that the attempt to form another Cham- ber of Deputies .by a new and arbitrary method is in formal contradiction to the Constitutional Qiarter and the acquired rights of the electors, the undersigned declare that they still consider themselves as legally elected to the deputation by the district and department colleges whose suffrages they have obtained, and that they cannot be replaced except in virtue of elections conducted according to the principles and forms determined by the laws. And if the undersigned do not effectively exercise the rights and do not discharge all the duties which spring from their legal election, it is because they have been prevented from so doing by physical violence. [Signatures.] D. Thiers' Orleanist Manifesto. July 30, 1830. Lavisse and Rambaud, Histoirc Gerierale, X, 287-288. Charles X can no longer return to Paris: he has caused the blood of the people to flow. The Republic would expose us to frightful divisions : it would embroil us. with Europe. The Duke of Orleans is a prince devoted to the cause of the Revolution. The Duke of Orleans did not fight against us. The Duke of Orleans was at Jemmapes. The Duke of Orleans is a citizen king. The Duke of Orleans has borne the tricolors with ardor. The Duke of Orleans alone can again bear them; we do not wish for any others. The Duke of Orleans does not declare himself. He awaits our will. Let us proclaim that will, and he will accept the Charte.r ais we have always understood and wanted it. It is from the French' peo- ple that he will hold the crown. E. Proclamation of the Deputies. July 31, 1830. Du- vergier, Lois, XXX, 84-85. , Frenchmen, France 'is free. The absolute power was raising its flag; the heroic population of Paris overthrew it. Paris attacked, JULY REVOLUTION 503 has made to triumph in arms the sacred cause which in the elections had just triumphed in vain. A power, the usurper of our rights and the disturber of our repose, was threat- ening at the same time order and liberty; we re-ehter into' possession of order and hberty. No more fear for acquired rights; no further barrier between us and the rights which we still lack. A government which, ^yithout delay, will guarantee us these blesisings is to-day the first need of the fatherland._ Frenchmen, those of your deputies who happen to be already at Paris have assembled ; and, while awaiting the regular action of the Chambers, they have invited a Frenchman who has never fought except for France, Monsieur, the Duke of Orleans, to exercise the functions of Lieutenant-General of the Kipgdom. This is in their eyes the surest method to peace- fully complete the success of most lawful defence. The Duke of Orleans is devoted to the national and con- stitutional cause; he has always defended its interests and professed its principles. He will' respect our rights, for he will hold his from us. We shall assure ourselves by laws ' all the necessary guarantees in order to render liberty strong and durable: The re-establishment of the National Guard, with the par- •ticipation of the National Guards in the choice of the officers; The participation of the citizens in the formation of the department and municipal administrations ; The jury for pres.s offences ; Legally organized responsibility of ministers and the sub- ordinate agents of the administration; The status of military men legally assured ; The re-election of the deputies promoted to public offices: Finally, we shall in concert with the Head of the State give to our institutions the development which they need. Frenchmen, the Duke of Orleans himself has already spoken, and his language is that which befits a- free country, "The Chambers are about to meet," he tells you, "they will deliberate upon the means to assure the reign of the laws and the maintenance of the rights of the nation." "The Charter shall henceforth be a reality." Were present Messrs : 504 JULY KEVOLUTION [Here follow the names of eighty-nine deputies.] F. Proclamation by Louis-Philippe. August i, 1830. Moniteur, August 2, 1830. Inhabitants of Paris, The Deputies of France, at this moment assembled in Paris, have expressed to me a desire that I should proceed into this capital in order to exercise here the function^ of Lieu- tenant-Genera! of the Kingdom. I have not hesitated to come to share your dangers, to place myself in the midst of your heroic population, and to use all my endeavors to preserve you from the calamities of civil ■wd.r and of anarchy. In re-entering the city of Paris, I bear with pride the glorious colors which you have resumed and which I have myself for a long time borne. The Chambers are about to convene and will deliberate upon the means to assure the reign of the laws and the maintenance of the rights of the nation. The Charter shall henceforth be a reality. Louis-Philippe d'Orleans. G. Abdication of Charles X. August 2, 1830. Duvergier, Lois, XXX, 87-88. My cousin, I am too profoundly pained at the evils which afflict or which may threaten my people not to have sought a method of preventing them. I have, therefore, taken the resolution to abdicate the crown in favor of my grandson, the Duke of Bordeaux. The Dauphin, who shares my feelings, aI,so renounces his rights in favor of his nephew. You will have, therefore, in your capacity of Lieutenant- General of the kingdom, to cause to be proclaimed the ac- cession of Henry V to the crown. You will in addition take all the measures which concern you in order to regulate the forms of the Government during the minority of the new King. Here I confine myself to making known these arrangements ; it is indeed a method to still escape evils. You will communicate my intentions to the diplomatic corps, and you will make known to me as soon as possible the JULY REVOLUTION 505 proclamation by which my grandson will be recognized under the name of Henry V. I charge Lieutenant-General Viscount de Foissac-Latour to bring this letter to you. He has orders to come to an understanding with you about the arrangements to be taken in favor of the persons who have accompanied me, as well as about suitable arrangements for what concerns me and the remainder of my family. We shall regulate afterwards the other measures which are the consequence of the change of reign. I renew to you, my cousin, the assurance of the sentiments with which I am your affectionate cousin, Signed, Chahles, Louis-Antoine. H. Declaration of the Chamber of Deputies. August 7, 1830. Duvergier, Lois, XXX, 93-101. The Chamber of Deputies, taking into consideration the imperative necessity which results from the events of July 26, 27, 28, 29 and the days following and the general situation in which France is placed in consequence of the violation of the Constitutional Charter; Considering besides that, in consequence of that violation =>nd of the heroic resistance of the citizens of Paris, His Majesty Charles X, His Royal Highness Louis-Antoine, Dauphin, and all the members of the elder branch of the royal house have at this moment left French territory; Declares that the throne is vacant in fact and in right, and that it is indispensable to provide therefor. The Chamber of Deputies declares secondly that, In accordance with the wish and in the interest of the French people, the preamble of the Constitutional Charter is suppressed, as wounding the national dignity, in appearing to grant to Frenchmen the rights which essentially belong to them, and that the following articles of the same Charter must be suppressed or modified in the manner which is about to be indicated. [These changes may be ascertained by comparison of Nos. 97 and 109.] So6 JULY REVOLUTION Special Provisions. All the nominations and new creations of peers made during the reign of Charles X are declared null and void. Article 27 of the Charter shall be subjected to a new ex- amination in the session of 1831. The Chamber of Deputies declares thirdly, That it is necessary to provide successively, by separate laws and within the shortest possible space, for the objects which follow : 1st. The use of the jury for offences of the press and for political offences ; 2d. The responsibility of ministers and other agents of authority ; 3d. The re-election of deputies promoted to salaried public offices ; 4th. The annual vote of the army contingent ; Sth. The organization of the National Guard, with the participation of the National Guards in the choice of their officers ; 6th. Provisions which assure in a legal manner the status of army and navy officers of every grade; 7th. Departmental and municipal institutions founded upon an elective system ; Sth. Public instruction and liberty of education ; ; pth. The abolition of the double vote and the fixing of the electoral and eligibility conditions ; loth. To declare that all the laws and ordinances, in whatever they contain contrary to the provisions adopted for the reform of the Charter, are and shall remain annulled and abrogated. On condition of the acceptance of these provisions and propositions, the Chamber of Deputies declares finally that the universal and pressing interest of the French people calls to the throne His Royal Highness Louis-Philippe d'Orleans, Duke of Orleans, Lieutenant-General of the King- dom, and his descendants in perpetuity, from male to male, by order of primogeniture to the perpetual exclusion of women and their descendants. In consequence, His Royal Highness Louis-Philippe d'Or- CONSTITUTION OF 1830 507 leans shall be invited to accept and to swear to the clauses and engagements above set forth, the observation of the Con- stitutional Charter and the modifications indicated, and after having done it before the assembled Chambers, to take the title of King of the French. Resolved at the palace of the Chamber of Deputies, August 7, 1830. 105. Constitution of 1830. August 14, 1830. Duvei-gier, Lois, XXX, 110-114. This constitution should be carefully compared with the Con- stitutional Charter of 1814 (No. 03) of which it is a revision. The difference in the theories upon which the two documents are baged-catlls for' p^rflffiSn-'nottcev — —- - Rkfeeences. Pyffe, Modern Europe, II, 379-381 (Popular ed., 618-619) ; Andrews, Modern Europe, I, 277-279 ; Seignobos, Europe Since I8I4, 132-134 ; Lavisse and Eambaud, Histoire Generate, X, 290-291. Louis-Philippe, King of the French, to all present and to come, greeting. Wc have ordered and do order that the Constitutional Charter of 1814, such as it has been amended by the two Chambers on August 7th and accepted by us on the 9th, shall be again published in the following terms : PUBLIC LAW OF THE FRENCH. 1. Frenchmen are equal before the law, whatever may be their titles and ranks. 2. They contribute, without distinction, in proportion to their fortunes, towards the expenses of the State. 3. They are all equally admissible to civil and military employments. 4. Their personal property is likewise guaranteed; no one can be prosecuted or arrested save in the cases provided by law and in the form which it prescribes. 5. Everyone may profess his religion with equal freedom and shall obtain for his worship the same protection. 6. The ministers of the Catholic, Apostolic, and Roman So8 CONSTITUTION OF 1830 religion, professed by the majority of the French, and those of the other Christian sects, receive stipends from the State. -- 7. Frenchjnen^hay e the . right to pubHsh and to ha ve printeH their npininns whilp t-nnfnrming with thp Ijws. The censorship can nev er be re-establishe d. 8. All property is inviolable, without any exception for that which is called national, the law making no diiStinction between them. 9. The State can require the sacrifice of a property on account of a legally established public interest, but with a previous indemnity. 10. All investigations of opinions and votes given prior to the restoration are forbidden : the same oblivion is required from the tribunals and from citizens. 11. The con,scription is abolished. The method of re- cruiting for the army and navy is determined by the law. Forms of the Government of the King. 12. The person of the King is inviolable and sacred. His ministers are responsible. To the King a lone belongs the executive power. 13. The King is the supreme head of the State; he com- mands the land and sea forces, declares war, makes treaties of peace, alliance and commerce, appoints to all places of public administration, and makes the necessary rules and or- dinances for the execution of the laws, without the power ever to sus pend the laws themselv es or tn /itepangp -^y^th thfir execution. vice of the State except in virtue of a law. 14. The legislative pewer is exercised collectively by the King, the Chamber of Peers, and the Chamber of Deputies. • 15. The proposal of laws belongs to the King, the Cham- ber of Peers, and the Chamber of Deputies. Nevertheless every taxation law must be first voted by the Chamber of Deputies. 16. Every law shall be freely discussed and voted by the majority of each of the two chambers. 17. If a project of law has been rejected by one of the three powers, it cannot be presented again in the same session. CONSTITUTION OP 1830 5O9 18. The King alone sanctions and promulgates the laws. 19. The civil list is fixed for the entire duration of the reign by the first legislature assembled after the accession of the King. Of the Chamber of Peers. 20. The Chamber of Peers is an essential part of the leg- islative power. 21. It is convoked by the King at the same time as the Chamber of Deputies.- The session of the one begins and ends at the same time as that of the other. 22. Every meeting of the Chamber of Peers which may be held outside of the time of the session of the Chamber of Deputies is unlawful and of no validity, except the single case in which it is assembled as a court of justice, and then it can exercise only judicial functions. 23. The appointment of peers of France belongs to the King. Their number is unlimited : he can at his pleasure alter their dignities, appoint them for life, or make them hereditary. 24. Peers have entrance to the Chamber at twenty-five years of age, and a deliberative voice only at thirty years. 25. The Chamber of Peers is presided over by the Chan- cellor of France, and, in his absence, by a peer appointed by the King. 26. The princes of the blood are peers by right of their birth : they sit directly behind the president. 27. The sittings of the Chamber of Peers are public, as are those of the Chamber of Deputies. 28. The Chamber of Peers has jurisdiction over crimes of high treason and the attacks against the security of the State, which shall be defined by law. 29. No peer can be arrested except by the authority of the Chamber, nor be tried except by it in a criminal matter. Of the Chamber of Deputies. 30. The Chamber of Deputies shall be composed of the deputies elected by electoral colleges whose organization shall be determined by law. 31. The deputies are elected for five years. • 32. No deputy can be admitted to the Chamber unless he 510 CONSTITUTION OF 1830 is thirty years of age and meets the other qualifications de- termined by the law. 33. If, however, there cannot be found in the department fifty persons of the required age who pay the amount of taxes determined by the law, their number shall be filled up from the largest tax-payers below this amount of tax, and these shall be elected together with the first. 34. No one is an elector, unless he is at least twenty-five years of age and meets the other conditions determined by the law. 35- Th e presidents of the el ectoral colleges are chosen by the electors.-. 36. At least one-half of the deputies shall be chosen from among the eligibles who have their political domicile in the department. 37. The pres identjaf_thejChamber of Deputies is elected by it at the opening of e ach session. 38. The sittings o^ the Chamber are public; but the re- quest of five members suffices for it to form itself into secret committee. 39. The Chamber divides itself into bureaux in order to discuss the propositions which have been presented to it by the King. 40. No tax can be imposed or collected, unless it has been consented to by the two Chambers and sanctioned by the King. 41. The land-tax is consented to only for one year. In- direct taxes can be established for several years. 42. The King convokes the two Chambers each year: he_prorogues them and can dissolve that of the deputies; but_jn that case he must convoke a new one within the.;sp^ace of three months . 43. No bodily constraint can be exercised against a mem- ber of the Chamber during the session nor in the preceding or following six weeks. 44. No member of the Chamber, during the course of the session, can be prosecuted or arrested upon a criminal charge, unless he should be taken in the act, except after the Cham- ber has permitted his prosecution. CONSTITUTION OP 1830 51I 45. No petition can be made or presented to either of the Chambers except in writing: the law forbids the bringing of them in person to the bar. Of the Ministers. 46. The ministers can be members of the Chamber of Peers or the Chamber of Deputies. T hey hav e, besides^ theii^ntrance into either Chamber and, must be heard when they demand- it. 47. The Chamber of Deputies has the right to accuse the inisters and to arraign them before the Chamber of Peers, v/hich alone has that of trying them. Of the Judiciary. 48. All justice emanates from the King: it is administered in his name by judges whom he appoints and whom he invests. 49. The judges appointed by the King are irremovable. 50. The courts and regular tribunals actually existing are continued; none of them can be changed except by virtue of a law. 51. The existing commercial court is retained. 52. The justice of the peace, likewise, is retained. Justices of the peace, although appointed by the King, are not irremov- able. 53. No one can be deprived of the jurisdiction of his nat- ural judges. 54. In consequence, extraordinary commissions and trib- unals cannot be created, under any title or under any denom- ination whatsoever. 55. Criminal trials shall be public unless .such publicity would be dangerous to order and morality; and, in that case, the tribunal shall declare it by a judicial order. 56. The system of juries is retained. Changes which a longer experience may cause to be thoug'ht necessary can be made only by a law. S7. The penalty of confiscation of property is abolished and cannot be re-established. 58. The King has the right of pardon and that of com- muting penalties. 59. The Civil Code and the laws actually existing which are not in conflict with the present Charter remain in force until legally abrogated. 512 CONSTITUTION OF 1830 Special Rights Guaranteed by the State. 60. Persons in active military service, retired officers and soldiers, pensioned widows, officers and soldiers, retain their ranks, honors and pensions. 61. The public debt is guaranteed. Every form of en- gagement made by the State with its creditors is inviolaible. 62. The old nobility resume their titles, the new retain theirs. The King makes nobles at will ; but he grants to them only ranks and honors, without any exemption from the bur- dens and duties of society. 63. Tlie Legion of Honor is maintained. The King shall determine its internal regulations and its decoration, 64. The colonies are regulated by special laws. 65. The King and his successors shall swear, at their ac- cession in the presence of the assembled Chambers, to ob- serve faithfully the Constitutional Charter. 66. The_presjent Charter and all-the_xightsjthat it.conse- c rates stand entrusted to, the... p atriotism- -And_tlie_cou.Fage-of vi^£_^ifii2"3L£"?£ii- ?iSd.-Qi, all Frencfa^itizen^. ^^S/. "France resumes its colors. For the future, aa<-Other coc kade sha ll be worn than,_ the tncojor cockade. Special Provisions. ■ 68. All the new appointments and creations of peers made during the reign of Charles X are declared null and void. Article 23 of the Charter shall be submitted to a new ex- amination in the session of 1831. 6g. The following subjects shall be provided for suc- cessively^y, separate laws within fhe shortest'possible .«paGe-of time : 1st. The use of the jury for political and press offences; 2d. The responsibil fty of the ministers' and th e othe r agents of the t executive] power; Scl- ThrTe-election of deputies appointed to public func- tions with salaries ; 4th. The annual vote of the quota of the army ; Sth. The organization of the National Guards, with the participation of the National Guards in the choice of their officers ; LAW UPON ELECTIONS SI3 6th. Provisions wliich assure in a legal manner the status of the officers of every grade in the army and navy; 7th. Departmental and municipal institutions founded upon an elective system; 8th. Public instruction and the liberty of teaching ; 9th. Abolition of the double vote and fixing of the elec- toral and eligibility conditions. 70. All laws and ordinances, wherein they are contrary to the provisions adopted for the reform of the Charter, are forth- with and shall remain annulled and abrogated. We command all our courts and tribunals, administrative bodies, and all others that they keep and maintain, cause to be kept, observed and maintained the present Constitutional Charter, and to make it more known to all, that they cause it to be published in all the municipalities of the kingdom and >vherever there shall be need ; and in order that this may be firm and istable forever, we have caused our seal to be af- fixed thereto. Done at the Palais Royal at Paris, the 14th day of the month of August, in the year 1830. Signed, Louis-Philippe. 106. Law upon Elections. April 19, 1831. Duvergier, Lois, XXXI, 211-244. Under the Bourbon Monarchy the tax-paying qualification for membership in the Chamber of Deputies was one thousand francs per annum and for the exercise of the suffrage three hundred francs. When the Constitutional Charter was revised there liad teen an informal understanding that these qualifications should shortly be revised. This law was enacted in fulfillment of that understanding and remained unchanged throughout the entire pe- riod of the July Monarchy. It raised the number of voters from about 94,000 to about 188,000. The population of France was ap- proximately thirty millions. In connection with this measure notice should be taken of the laws of 1831 upon the Chamber of Peers, municipal government, and the organization of the National Guards. The four constitute a sort of supplement to the Constitu- tion of 1830. Ebference. Lavissa and Eambaud, HUtoire Qenerale, X, 377- :i78. TITLE I. OF ELECTORAL CAPACITIES. I. Every Frenchman enjoying civil and political rights, 17 514 PROVISIONAL GOVERNMENT DECREES fully twenty-five years of age, and paying two hundred francs of direct taxes is an elector, if he fulfils the other conditions fixed by the present law. TITLE IV. OF THE ELECTORAL COLLEGES. 38. The Chamber of Deputies is composed of four hundred fifty-nine deputies. 39. Each electoral college elects only one deputy. The number of the deputies of each department, and the division of the departments into electoral districts, are reg- ulated by the annexed table, making part of the present law. 40. The electoral colleges are convoked by the King. They meet in the city of the electoral or administrative district which the King designates. They cannot occupy themselves with other matters than the election of the deputies; all dis- cussion and all deliberation are forbidden to them. TITLE V. OF ELIGIBLES. 59. No one shall be eligible to the Chamber of Deputies, if, at the day of his election, he is not thirty years of age, and if he does not pay five hundred francs of direct taxes, saving the case provided for by article 33 of the Charter. . 107. Proclamations and Decrees of the Provisional Government of 1848. The provisional government of 1848 exhibited prodigious activ- ity in the promulgation of proclamations and decrees. These few- are intended to show how some of the great problems were dealt with and the ideas of the period. Documents A, C and H bear upon the problem of the form of government which should succeed the July Monarchy. Documents B, D, E and P show what was. done to meet the demands of the Socialists. Documents P and I illustrate the manner in which the maxim Liberty, Equality, Fra- ternity, was applied. Khfeeences. Pyffe, Modern Europe, III, 34-37 (Popular ed.,. 728-731); Seignobos, Europe Since 18U, 159-162; Andrews, Mod- ern Europe, I, 342-352 ; Dickinson, Revolution and Reaction in Modern Prance, 168-185, passim; Lavisse and Eambaud, Histoiie Generale, XI, 10-17. PROVISIONAL GOVERNMENT DECREES 515 A. Proclamation of the Overthrow of the July Monarchy. February 24, 1848. Duvergier, Lois, XLVIII, 49-56. IN THE NAME OF THE FRENCH PEOPLE. A retrograde and oligarchical government has just been overthrown by the heroism of the people of Paris. That gov- ernment has fled, leaving behind it a trail of blood that forbids it to ever retrace its steps. The blood of the people has flowed as in July; but this time this generous people shall not be deceived. It has conquered for a national and popular government in harmony with the rights, the progress, and the will of this great and gen- erous people. A provisional government, issuing from acclamation and urgency by the voice of the people and of the deputies of the departments, in the sitting of Februiiry 24, is for the moment invested with the task of assuring and organizing the national victory. It is composed of: MM. Dupont (de I'Eure), Lamartine, Cremieux, Arago (of the Institute), Ledru-Rollin, Gamier-Pages, Marie, Ar- mdmd Marrast, Louis Blanc, Ferdinand Flocon, and Albert, workingman. These citizens have not hesitated a moment to accept the patriotic commission which is imposed upon them by the pres- sure of necessity. When the capital of France is on fire the warrant of the provisional government is in the public safety. All France will understand this and will lend to it the help of its patriotism. Under the popular government which proclaims the provisional government every citizen is a magistrate. Frenchmen, give to the world the example which Paris ha? given to France; prepare yourselves by order and confidence in yourselves for the solid institutions which you are about to be called upon to give yourselves. The provisional government resolves to have the Republic, subject to ratification by the people, who shall be immediately consulted. The unity of the nation, constituted henceforth of all the classes of citizens who compose it ; the government of the na- tion by itself; 5i6 PROVISIONAL GOVERNMENT DECREES Liberty, equality, and fraternity for principles, the people for emtlem and watch-word, that is the democratic government which France owes to itself and which our efforts shall be di- rected to securing for it. B. Declaration Relative to Workingmen. February 25, 1848. Duvergier, Lois, XLVIII, 59- The provisional government of the French Republic engages to guarantee the existence of the workingman by labor; It engages to guarantee labor to all citizens ; It recognizes that workingmen ought to enter into associa- tions among themselves in order to enjoy the advantage of their labor. The provisional government returns to the workingmen, to whom it belongs, the million which was about to fall due upon the civil list. C. Proclamation of the Republic. February 26, 1848. Du- vergier, Lois, XLVIII, 60. IN THE NAME OF THE FRENCH PEOPLE. Citizens, Royalty, under whatever form it may take, is abolished. No more legitimism, no more Bonapartism, no regency. The provisional government has taken all the measures necessary to render impossible the return of the former dy- nasty and the advent of a new dynasty. The Republic is proclaimed. The people are united. All the forts which surround the capital are ours. The brave garrison of Vincennes is a garrison of brothers. Let us preserve that old republican flag whose three colors made with our fathers the tour of the world. Let us show that this symbol of equality, of liberty, and of fraternity, is at the same time the symbol of order, and of order the more real, the more durable, .since justice is its foundation and the whole people its instrument. The people have already understood that the provisioning of Paris requires a freer circulation in the streets of Paris, and the hands which erected the barricades have in several places PROVISIONAL GOVERNMENT DECREES 517 made in these barricades an opening large enough for the free passage of transportation wagons. Let this example be followed everywhere; let Paris resume its accustomed appearance and commerce its activity and its confidence; let the people at the same time look to the main- tenance of their rights, and let them continue to assure, as they have done until now, the public tranquility and security. D. Decree for Establishing National Workshops. February 26, 1848. Duvergier, Lois, XLVIII, 60. IN THE NAME OF THE FRENCH PEOPLE. The provisional government of the Republic Decrees the immediate establishment of national workshops. The minister of public works is charged with the exe- cution of the present decree. E. Proclamation and Order for the Luxembourg Commis- sion. February 26, 1848. Duvergier, Lois, XLVIII, 62. IN THE NAME OF THE FKENCH PEOPLE. Considering that the revolution, made by the people, ougTit to be made for them ; That it is time to put an end to the long and iniquitous suf- ferings of the laboring men ; That the labor question is one of supreme importance ; That there is none higher and more worthy of the attention of a republican government ; That it belongs especially to France to study intensely and to solve a problem propounded today to all the industrial na- tions of Europe; That it is necessary without the least delay to .see to the guaranteeing to the people the legitimate fruits of their labor, The provisional government of the Republic resolves : A permanent commission, which shall be called the Gov- ernment Commission for the Workingmen, is about to be appointed with the express and special mission of occupy- ing itself with their condition. In order to show what importance the provisional govern- ment of the Republic attaches to the solution of this great problem, it appoints as president of the Government Commis- sion for the Workingmen one of its members, M Louis Blanc, 5i8 PROVISIONAL GOVERNMENT DECREES and for vice-president another of its members, M. Albert, workingman. Workingmen shall be summoned to make up part of the commission. The seat of the commission shall be at the Luxembourg Palace. F. Decree for Abolishing Titles of Nobility. February 29, 1848. Duvergier, Lois, XLVIII, 64. IN THE NAME OF THE FRENCH PEOPLE. The provisional government, Considering : That equality is one of fihe three grand principles of the French Republic; that, in consequence, it ought to receive an imimediate application. Decrees : All the former titles of nobility are abolished; the desig- nations which were connected with them are interdicted; they cannot be taken in public nor figure in any public document. G. Decree upon Labor. March 2, 1848. Duvergier, Lnis, XLVIII, 67. IN THE NAME OF THE FRENCH PEOPLE. Upon the report of the Government Commission for the Workingmen, Considering : 1. That too prolonged manual labor ruins the health of the worker, but even more, in preventing him from cultivating his intelligence, impairs the dignity of man ; 2. That the exploitation of the workers by the working- men who are sub-contractors, called marchandeurs or tach- efrons, is essentially unjust, vexatious, and contrary to the principle of fraternity; The provisional government of the Republic decrees : 1. The working day is diminished by one hour. In consequence, at Paris, where it was eleven hours, it is reduced to ten ; and in the country where it has been until now twelve hours, it is reduced to eleven ; 2. The exploitation of the workers by the sub-contractors or marchandage is abolished. PROVISIONAL GOVERNMENT DECREES 519 It is understood that the associations of workers which have not for their purpose the exploitation of workers by eacli other are not considered as marchandage. H. Decree for the National Assembly. March 5, 1848. Duvergier, Lois, XLVIII, 70-71. IN THE NAME OF THE FRENCH PEOPLE. The provisional government of the Republic, Wishing to transfer as soon as possible to the hands of a definitive government the powers which it exercises in the interest and by the command of the people, Decrees : 1. The cantonal electoral assemblies are convoked for the ninth of April next in order to elect the representatives of the people who shall decree the Constitution. 2. The election shall have population for its basis. 3. The total number of the representatives of the people shall be nine hundred, including Algeria and the French colonies. 4. They shall be apportioned among the departments in the proportion indicated in the table annexed. 5. The suffrage shall be direct and universal. 6. All Frenchmen twenty-one years of age, residing in the commune for six months past, and not judicially deprived nor suspended from the exercise of civic rights, are electors. 7. All Frenchmen twenty-five years of age and not de- prived or suspended from civic rights are eligible [to the National Assembly]. 8. The ballot shall be secret. 9. All the electors shall vote at the head-town of their cantons by scrutin de lisle. Each ballot shall contain as many names as there shall be representatives to elect in the department. The counting of the votes shall take place at the head- town of the canton and the verification at that of the de- partment. No one can be chosen representative of the people if he does not obtain two thousand votes. 10. Each representative of the people shall receive a 520 PEOVISIONAL GOVERNMENT DBCKBES compensation of twenty-five, francs per day during the con- tinuance of the session. 11. An instruction of the provisional governrhent shall regulate the details of the execution of the present decree. 12. The National Constituent Assembly shall be opened on April 20. 13. The present decree shall be immediately sent into the departments and published and posted in all the communes of the Republic. I. Decree upon Slavery. April 27, 1848. Duvergier, Lois, XLVIII, 194. The provisional government, considering that slavery is an outrage against human dignity ; that in destroying the free will of man it sets aside the natural principles of right and duty; that it is a flagrant violation of the republican dogma. Lib- erty, Equality, Fraternity ; considering that if effective meas- ures did not follow very closely the proclamation already made, of the principle of abolition, the most deplorable dis- orders in the colonies might result from it, Decrees : 1. Slavery shall be entirely abolished in all the French colonies and possessions two months after the promulgation of the present decree in each of them.' From the promulga- tion of the present decree in the colonies, all corporal punish- ment and all sale of persons not free shall be absolutely for- bidden. 2. The system of contracts for a term of years in Senegal is suppressed. 3. The governors and general commissioners of the Re- public are charged to apply the whole of the measures ap- propriate to secure liberty to Martinique, Guadeloupe and dependencies, the island of Reunion, Guiana, Senegal and other French settlements on the west coast of Africa, the island of Mayotta and dependencies, and in Algeria. 4. Former slaves condemned to afflictive or correctional penalties for deeds which imputed to free men would not have entailed that punishment are amnestied. The persons de- ported by administrative act are recalled. PETITION OF THE 16TH OF APRIL 521 5. The National Assembly shall determine the amount of the indemnity which shall be granted to the colonists. 6. The colonies freed from .servitude and the possessions in India shall be represented in the National Assembly. 7. The principle that the soil of Frence liberates the slave who touches it applies to the colonies and the possessions of the Republic. 8. For the future, even in a foreign country, it is forbidden to every Frenchman to possess, to buy or to sell slaves, or to participate, either directly or indirectly, in any traffic or exploitation of that kind. Any infraction of these provisions shall entail the loss of title to French citizenship. Nevertheless, the French who shall find themselves affected by these pro- hibitions at the moment of the promulgation of the present decree shall have a period of three years in which to conform to them. Those who shall become the possessors of slaves in foreign countries by inheritance, gift or marriage, shall, under the same penalty, liberate or alienate them within the same period from the day whereon their possession shall have com- menced. 108. Petition of the 16th of April. April 16, IS 18. Monitem; April 17, 1848. This petition was presented to the provisional government by one of the monster demonstrations organized by the Socialists for the purpose of bringing about a postponement of the election's for the Constituent Assembly. It exhibits in concise form some of the general demands of the Socialists. Reference. Lavisso and Rambaud, Hictoire Generale^ XI, Il- ls. The Wo'rhingmen of the Department of the Seine to the Provisional Government. Citizens, Reaction raises its head ; calumny, that favorite weapon of men without principles and without honor, from every side pours its contagious venom upon the true friends of the people. It is to us, men of the revolution, men of action and 522 DBCLAEATION UPON THE REPUBLIC devotion, that it belongs to declare to the Provisional Gov- ernment that the people-wish the Democratic Republic; that the people wish the abolition of the exploitation of man by man; that the people wish the organisation of labor through association. Vive la Republique! Vive le Gouvernment provisiore! 109. Declaration upon the Republic. May 4, 1848. Duvergier, Lois, XLVIII, 278. When the National Assembly met on May 4, 1848, this declar- ation was proposed by the representatives of the department of the Seine and adopted unanimously. IN THE NAME OF THE FRENCH PEOPLE. The National Assembly, as faithful interpreter of the sen- timents of the people who have just selected it, before be- ginning its labors, declares. In the name of the French people, and in the face of the entire world, that THE REPUBLIC, proclaimed February 24, 1848, is and shall remain the form of government of France. The Republic which France chooses has for its motto : Lib- erty, Equality, Fraternity. In the name of the fatherland, the National Assembly con- jures all Frenchmen, of all opinions, to forget former dis- sensions and to constitute henceforth but a single family. The day on which the representatives of the people meet is for all citizens the festival of concord and fraternity. Vive LA RE- PUBLIQUE. 110. Constitution of 1848. November 4, 1848. Duvergier, Lois, XLVIII, 560-609. This constitution was drafted and promulgated by the National Assembly of 1848. It should be studied from two standpoints : (1) as a theoretical frame of government; (2) with reference to the -political altuation-o£ -Prance in 1848. Par-ticuIaTiitrtlce should be taken of the mattner" In "which its- two fundamentai--prlnclIiTes, popiTlaT soverergnty- and separation of'th^' powers;" amcpplle'd. CONSTITUTION OP 1848 523 Refebences. Seiguobos, Europe Since 181!,, 164-165 ; Andrews, Modern Europe, I, 357-362 ; Dickinson, Revolution and Reaction in Modern France, 200-201 ; TocqueTille, Recollections, Part II, Ch. xr ; Lavisse and Rambaud. Histoire Qenerale, XI, 20-22. The National Assembly has adopted, and in conformity with article 6 of the decree of October 28, 1848, the Pres- ident of the National Assembly promulgates the following Constitution : Preamble. in the presence of god, and in the name of the french people, the national assembly proclaims : I. France is constituted a Republic. In definitely adopt- ing that form of government, it proposes for its aim to move more freely in the path of progress and civilization, to assure a more and more equitable distribution of the burdens and ad- vantages of society, to increase the comfort of each person by large reductions in the public expenditures and taxes, and without new comraotion, through the successive and constant action of institutions and laws, and to cause every one to reach a degree of morality, enlightenment and well-being con- stantly becoming more elevated. II. The French Republic is democratic, one and indivisible. III. It recognizes rights and duties existing before and superior to positive law^.^ IV. It has for its maxim liberty, equality and fraternity. It has for its basis the family, labor, property, and public order. V. It respects foreign nationalities, as it intends to cause its own to be respected; it does not undertake any war for the purpose of conquest, and it never employs its forces against the liberty of any people. VI. Reciprocal duties bind the citizens to the Republic, and the Republic to the citizens. VII. The citizens ought to love the fatherland, to serve the Republic, to defend it^t_the-^price_ of their lives, and to share the expenses of the State in proportion to their fortunes ; lEey" Oilfh'fTo "SSCurS foyTTlemselvesT" by laEor, rneans of subsistence, and, by foresight, resources for the future; they ought to contribute to the common well-being by fraternally co-operating with one another, and to the general order by ob- 524 CONSTITUTION OF 1848 serving the moral and the written laws which control society, the family, and the individual. VIII. The Republic ought to protect the citizen in his person, his family, his religion, his property, his labor, and to put within the reach of each person the education indispensable for all men; it is bound to assure by fraternal assistance the maintenance of indigent citizens, either by furnishing work to them within the limits of its resources, or, in the absence of the family, by giving assistance to those who are unable to work. For the purpose of fulfiliing all these duties and for a guarantee of all these rights, the National Assembly, faithful to the traditions of the great assemblies which inaugurated the French Revolution, decrees as follows, the Constitution of the Republic. Constitution, chapter i. of the sovereignty. 1. Sovereignty resides in the totality of the^ French citizens. It is inalienable and imprescriptible. No individual nor any part of the people can claim for themselves the exercise thereof. CHAPTER II. RIGHTS OF THE CITIZENS' GUARANTEED BY THE CONSTITUTION. / 2. No one can be arrested or held in custody except accord- ing to the provisions "of* the law^. 3. The dwelling-place of every person living,.,onJjxiKh soil is inviQla!b.^ e rlFcan be entered only according to the forms and in the cases provided by law. 4. No one shall be removed from the jurisdiction of his natural judges. No extraordinary commissions or tribunals can be created ^ under any title or denomination whatsoever. 5. The .death penalty for political offences is abolished/ 6. Slavery cannot exist upon any French soil. ^^ 7. Every person may freely profess his religion, and receive from the State, for the exercise of his worship, an equal pro- tection. Ministers, either of the sects now recognized by law or of those which may be recognized in the future, have the right to receive a stipend from the State. CONSTITUTION OF 1848 525 8. Citizens have the right to form associations, to assem- ble peaceably and withovit arms, to petition, a nd to express their opinions by means of the press or otherwise. " l l ie ^:>t(jf gj 'se "Uf -'B lggF^Brs' Has for limits MiTythe rights an d the liberty 0t"gnTrf"s""and1h"e" public security. The press ca nnot in any case be subjected to the censorship. 9. Instruction is free. " ' -~~— '»-"-- The liberty of instruction is exercised according to the conditions of capacity and morality that are determined by law and under the oversight of the State. This oversight extends to all establishments for education .and instruction, without any exception. ■ 10. All citizens are equally eligible to all public employ- ments, without any other grounds for preference than their own merits, and according to the conditions that shall be fixed by the laws. All titles of nobil ity, alldistinctions of birth, of class or pi caste are forever abolished. " " " " ^""~" II. All property is inviolable. Nevertheless, the State can demand the sacrifice of a property on the ground of a legally . established public utility, and by furnishing a just and prior indemnity. ■ 12. The confiscation of property can never be re-established. 1,3. The Constitution guarantees to citizens liberty of labor and of industry. Society favors and encourages the development of la- bor by gratutitous primary education, professional edu- cation, equality of relations between the employer and the workingman, institutions of savings and of credit, agricul- tural institutions, voluntary associations, and the establishment by the State, the departments and the communes of public works suitable for the employment of unemployed hands ; it furnishes assistance to abandoned children, the infirm, and the aged that are without resources and whose families cannot relieve them. 14. The public debt is guaranteed. Every form of en- gagement made by the State with its creditors is inviolable. • 15. Every tax is imposed for the common utility. Each person contributes thereto in proportion to his means and his fortune. 526 CONSTITUTION OF 1848 i6. No tax can be imposed or collected except by virtue of the law. 17. Direct taxation is consented to only for one year. Indirect taxes can be consented to for several years. CHAPTER III. OF THE PUBLIC POWERS. 18. All the public powers, whatever they may be, spring from the people. They cannot be delegated hereditarily. 19. T he separ atjop jif_the. po\ve£aJ5a]ie--iamlamsjltoLBiritt=— • ciple of a free ggver nmept. CHAPTER IV: OF THE LEGISLATIVE POWER. 20. The French people delegate the legislative power to a single Assembly. 21. The total number of the representatives of the people slfiall be seven hundred and fifty, including the representatives of Algeria and the French colonies. 22. This number shall be increased to nine hundred for the assemblies which shall be called to alter the Constitution. 23. The basis for election is population. 24. The suffrage is direct and universal. The ballot is secret. ■ 25. All Frenchmen, twenty-one years of age and enjoying t' "ir civil and politic.al_xights,-ar£_electars., regardless of prop- en/. 26. A]l_^^electors _tvin;n^-five years of age, regardless of t heir domicile, are eligible to election. 27. The electoral law'^air determine the causes which can deprive a French citizen of the right to elect and to be elected. It shall designate the citizens who, exercising or having ex- ercised functions in a department or a territorial jurisdiction, cannot be elected there. 28. Every remunerated public employment is incompatible with the commission of representative of the people. No member of the National Assembly, during *he continu- ance of the legislature, can be appointed or preferred for pub- lic salaried employments of which the incumbents are chosen at will by the executive power. The exceptions to the provisions of the two preceding para- graphs shall be determined by the organic electoral law. CONSTITUTION OF 1848 527 29. The provisions of the preceding articles are not ap- plicable to the assemblies elected to alter the Constitution. 30. The election of the representatives shall be by depart- ments and by scrutin de liste. The electors shall vote in the head-town of the canton; nevertheless, on account of local conditions, the canton can be divided into several districts, in the form and upon the con- ditions that shall be determined by the electoral law. 31. The National Assembly is elected for three years, and is renewed in a body. At least forty-five days before the end of the legislature, a law determines the time of the new elections. If any law does not intervene within the limit fixed by the preceding article, the electors meet of perfect right upon the thirtieth day preceding the end of the legislature. The new Assembly is convoked of perfect right for .the morrow of the day upon which the commission of the preced- ing Assembly expires. 32. It is permanent. Nevertheless, it can adjourn for a period that it shall fix. D uring t he continuanc£_of_Jhe prorogation, a cornmission, composed of members of tht bureau a,nd of. twenty-fiye_ megj- bers app ointed by the Assembly through secret_l5allot and ma,- ioritv v ote has the ri ght to convoke it in cas e of urgency. The President of the Republic also has the right to con- voke the Assembly. The Natio nal Assembly determines the plac e of its . me.elr ingr.'^ Tt riptflrpirr jes' th^ extBffi"tBKtS £ImSt-arv.- forces provided- for its securit y, and it con trol s them . 33. Representatives are always re-eligible. 34. Members of the National Assembly are the representa- tives, not of the department which selects them, but of all Prance. 35. They cannot receive imperative instructions. .36. The representatives of the people are inviolable. They cannot be questioned, accused nor condemned at any time for opinions that they have expressed in the National Assembly. 37. They cannot be arrested upon a criminal charge, un- S28 CONSTITUTION OF 1848 less taken in the act, nor prosecuted except after the Assem- bly has authorised the prosecution. In case of the arrest of one taken in the act, it shall be forthwith referred to the Assembly, which shall authorise or forbid the continuance of the prosecution. This provision applies to the case in which a citizen under arrest is elected representative. 38. Each representative of the people receives a salary which he cannot refuse. 39. The sittings of the Assembly are public. Nevertheless, the Assembly can form itself into secret committee, upon the demand of the number of representatives fixed by the rule. Eac h representati ve has the right of parliamentary initi- ative ; he _shailj_,e^ercise jt^ according to ttee forms detenjjjjied _by the rule. ^40. The presence of half plus one of the members of the Assembly is necessary for the valid enactment of laws. 41. No proposal for a law, unless in case of urgency, shall be voted definitively except after three deliberations at inter- vals which cannot be less than five days. 42. Every proposal whose purpose is to declare urgency is preceded by a statement of reasons. If the Assembly agrees to give effect to the proposal of ur- gency it orders the reference thereof to the bureaux and fixes the time at which the report upon the urgency shall be pre- sented. Upon this report, if the Assembly recognizes the urgency, it declares it, and fixes the time of the discussion. If it decides that there is no urgency, the proposal follows the course of ordinary propositions. CHAPTER V. OF THE EXECUTIVE POWER. - 43. The French people delegate the executive power to a citizen who receives the title of President of the Republic, s 44. The President must be French born , at least thirty years of age, and never have lost the quality of Frenchman. ^ 45. The President of the Republic is elected for four years and is re-eligible only after an interval of four years. Furthermore, neither the Vice-President, nor any of the kinsmen or connections of the President to the sixth degree inclusive, can be elected after him. CONSTITUTION OF 1848 539 46. The election takes place with perfect right upon the second Sunday of the month of May. In case, owing to death, resign'ition or any other cause, the President should be elected at any other time, his powers shall expire upon the second Sunday of the month of May cf the fourth year following his elections/ ' " The President is selected, through secret ballot and ma- jority of the votes, by the direct vote of all the electors of the French departments and of Algeria. 47. The minutes of the electoral proceedings are trans- mitted immediately to the National Assembly, which decides without delay upon the validity of the election and proclaims the President of the Republic. If no candidate has obtained more than half of the vote cast, and aft least two million votes, or if the conditions pre- scribed by article 44 are not fulfilled, the National Assembly elects the President of the Republic, by absolute majority and secret ballot, from among the five eligible candidates who have received the most votes. 48. Before entering upon his duties, the President of the Republic in the presence of the National Assembly takes the following oath : In the presence of God and before the French people, represented by the National Assembly, I swear to remain faithful to the democratic Republic one and indivisible, and to fulfill all the duties that the Constitution imposes upon me. 49. He has the right to cause propositions of_ law to be £resented._bjMiis ministers to the National Assembly. H e supervi ses and secu resTfie" ekecution" of the laws. 50. He disposes ot "the "armed 'force, without power ever to command in person. 51. He cannot cede any portion of the territory, nor dis- solve or prorogue the National Assembly, nor suspend in any way the absolute authority of the Constitution and the laws. 52. He presents each year, in a message to the National Assembly, a statement of the general condition of the affairs of the Republic. 5,3. He negotiates and ratifies treaties. 532 CONSTITUTION OF 1848 A law shall determine the other cases of responsibility, as well as the forms and the conditions of the prosecution. 69. The ministers have admission to the body of the National Assembly ; they are heard whenever they demand it, and can have the assistance of commissioners appointed by a decree of the President of the Republic. 70. There is a Vice-President of the Republic appointed by the National Assembly out of three candidates presented by the President within the month that follows his election. The Vice-President takes the same oath as the President. The Vice-President cannot be chosen from among the kinsmen and connections of the President to the sixth degree inclusive. In case of the disability of the President, the Vice-President acts for him. If the presidency becomes vacant by death, resignation of the President, or otherwise an election for president takes place within a month. CHAPTER VI. OF THE COUNCIL OF STATE. 71. There shall be a Council of State of which the Vice- President of the Republic shall 'be president ex-oincio. 72. The members of this council are appointed for six years by the National Assembly. They are renewed by a half within the first three months of each legislature through secret ballot and majority. They are re-eligible indefinitely. 73. Those of the members of this Council who have been taken from the body of the National Assembly sliall be re- placed immediately as representatives of the people. 74. The members of the Council of State can be dis- missed only by the Assembly and upon the proposal of the President of the Republic. 75. The Council of State is consulted upon the Gov- ernment's proposals for law;s, which, according tO; law, must be previously submitted for its examination, and upon projects of parliamentary initiative which the Assembly shall have submitted to it. It prepares the regulations for public administration ; it makes only those of these rules for which the National As- sembly has given a special commission. CONSTITUTION OF 1848 533 It exercises over the public administrations all the powers of control and supervision which are conferred upon it by law. The law shall determine its other duties. CHAPTER VII. OF THE INTERNAL ADMINISTRATION. 76. The division of the territory into departments, dis- tricts, cantons and communes is retained. The present limits can be changed only by a law. 77. There are: ist. In each department, an administration composed of a_^refect, a council-general and council of pre- fecturej 2d. In each district, a sub-prefect ;V 3d. In each canton, a cantonal council ; nevertheless only one cantonal council shall be established in cities divided into several cantons ; '4th. In each commune, an administration composed of a mayor, assistants and a municipal council. 78. A law shall determine the composition and the prerog- atives of the councils-general, the cantonal councils, and the municipal councils and the manner of selecting the mayors and the assistants. 79. The councils-general and the municipal councils are elected by the direct vote of all the citizens domiciled in the department or the commune. Each canton elects one member of the council-general. A special law shall regulate the mode of election in the department of the Seine, in the city of Paris, and in cities of more than twenty thousand souls. 80. The councils-general, the cantonal councils and the municipal councils can be dissolved by the President of the Republic upon the advice of the Council of State. The law shall fix the period within which a new election shall be held. CHAPTER VIII. OF THE JUDICIAL POWER. 81. Justice is administered gratuitously in the name of the French people. Trials are public, unless publicity would be dangerous to order or morality; and in that case the tribunal declares it by. a judicial order. 534 CONSTITUTION OF 1848 82. The jury shall continue to be employed in criminal trials. 83. Jurisdiction over all political offences and all ofifences committeed by means of the press belongs exclusively to the jury. Organic laws shall determine the jurisdiction in the matter of criminal libels against individuals. 84. The jury alone decides upon the damages claimed for acts or offences of the press. 85. The justices of *he peace and their substitutes, the judges of first instance and of appeal, the members of the Court of Cassation and the Court of Accounts are appointed by the President of the Republic, according to an order of candidature or conditions which shall be regulated by or- ganic laws. 86. The magistrates of the public ministry are appointed by the President of the Republic. 87. The judges of first instance and of appeal, the mem- bers of the Court of Cassation and of the Court of Accounts are appointed for life. They cannot be dismissed or suspended except by a ju- dicial order, nor retired except for the causes and in the forms determined by the laws. 88. The councils of war and of revision for the army and navy, the maritime tribunals, the tribunals of commerce, the trade councils and other special tribunals retain their or- ganization and existing prerogatives until they have been altered by a law. 89. Conflicts of jurisdiction between the administrative and judicial authorities shall be regulated by a special tribunal of members of the Court of Cassation and Councillors of State, selected every three years in equal number by their respective bodies. This tribunal shall be presided over by the Minister of Justice. 90. Appeals for lack of jurisdiction and excess of power against the decrees of the Court of Accounts shall be car- ried before the magistracy of conflicts. 91. A High Court of Justice decides, without appeal or CONSTITUTION OP 1848 535 recourse in cassation, the accusation brought by the National Assembly against the President of the Republic or the min- isters. It likewise tries all persons accused of crimes, attempts, or conspiracies against the internal or external isecurity of the State, whom the National Assembly shall have sent before it. Except in the case provided for by article 68, it cannot be assembled except by virtue of a decree of the National Assembly, which designates the city where the court shall hold its sittings. 92. The High Court is composed of five judges and thirty- six jurors. Each year, within the first fifteen days of the month of November, the Court of Cassation appoints from among its members by secret ballot and majority vote the judges of the High Court, to the number of five, and two substitute.^. The five judges called to sit choose their own president. The magistrates filling the functions of the public ministry are selected by the President of the Republic, and, in case of the accusation of the President "^r the ministers, by the National Assembly. The jurors, to the number of thirty-six, and four sub- stitute jurors, are taken from among the members pi the councils-general of the departments. The representatives of the people cannot form part of them. 9.3. When a decree of the National Assembly has ordered the formation of the High Court of Justice, and, in the case provided for by article 68 upon the requisition of the pres- ident or of one of the judges, the president of the Court of Appeal, and, in default of the Court of Appeal, the president of the tribunal of first instance of the judicial head-town of the department, draws by lot in public audience the name of a member of the council-general. 94. Upon the day appointed for the trial if there are less than sixty jurors present, that number shall be completed by supplementary jurors drawn by lot by the president of the High Court from among the members of the council-general of the department in which the court shall sit. 536 CONSTITUTION OP 1848 95. Jurors who shall not have furnished a valid excuse shall be condemned to a fine of from one thousand to ten thousand francs, and deprivation of political rights for five years at most. 96. The accused and the public prosecutor exercise the right of challenge as in other cases. 97. The verdict of the jury that the accused is guilty can be rendered only by a two-thirds majority. 98. In all cases of responsibility of the ministers, the National Assembly can, according to circumstances, send the accused minister before the Hig'h Court of Justice or before the ordinary tribunals for civil damages. 99. The National Assembly and the President of the Republic can in all cases turn over the examination of the acts of any officer, other than the President of the Republic, to the Council of State, whose report is made public. 100. The President of the Republic is amenable only to the High Court of Justice. With the exception of the case provided for by article 68, he cannot be prosecuted except upon the accusation brought by the National Assembly, and for crimes and offences which shall be determined by law. CHAPTER IX. OF THE PUBLIC FORCES. ioi.> The public forces are established to defend the State against its enemies abroad and to secure within the mainte- nance of order and the execution of the laws. It is composed of the National Guard and of the army and the navy. 102. Every Frenchman, with the exceptions fixed by law, owes service to the army and the National Guard. The means by which a citizen may be freed from personal military service shall be regulated by the law of recruiting. 103. The organization of the National Guard and the constitution of the army shall be regulated by law. 104. The public forces are of necessity obedient. No armed body can deliberate. 105. The public forces employed to preserve internal order act only upon the requisition of the constituted authorities, according to the regulations determined by the legislative power. CONSTITUTION OF 1848 537 106. A Iiw shall determine the cases in which the state of siege can be declared and shall regulate the forms and con- sequences of that measure. 107. No foreign troops can be introduced upon French soil, without the previous consent of the National Assembly. CHAPTER X. SPECIAL PROVISIONS. 108. The Legion of Honor is retained; its statutes shall be revised and put in harmony with the Constitution. 109. The territory of Algeria and of the colonies is de- clared to be French territory, and shall be ruled by separate laws until a special law places them under the regime of the present Constitution. no. The National Assembly confides the safe-keeping of the present Constitution, and the rights which it consecrates, to the guardianship and patriotism of all the French. CHAPTER XI. OF THE REVISION OF THE CONSTITUTION. 111. Whenever, in the last year of a legislature, the Na- tional Assembly shall have expressed the wish that the Con- stitution should be altered in whole or in part, such revision shall proceed in the following manner : The wish expressed by the Assembly shall be converted into a definitive decision only after three consecutive consid- erations, taken at intervals of a month each, and by three- fourths of the votes cast. The number of voters must be at least five hundred. The Assembly of Revision shall be appointed only for three months. It must occupy itself only with the revision for which it shall have been convoked. Neverthelesis, it can, in case of urgency, provide for nec- essary legislation. CHAPTER XII. TEMPORARY PROVISIONS. 112. The provisions of the existing codes, laws and regu- lations, which are not in conflict with the present Constitu- tion, remain in force until they are legally altered. 113. All the authorities constituted by the existing laws continue in the exercise of their functions until the promul- gation of organic laws affecting them. 114. The law for the organization of the judiciary shall 538 THE COUP D'ETAT determine the special method of appointment for the first composition of the new tribunals. lis. After the vote upon the Constitution, the National Constituent Assembly shall proceed to frame the organic laws whose drafting shall be determined by a special law. ii6. The first election of the President of the Republic shall occur in conformity with the special law passed by the National Assembly, October 28, 1848. 111. Documents upon the Coup d'Etat of December 2, 1851. These aocnments throw light upon many features of the coup d'etat of December 2, 1S51, and the plebiscite which followed it. Among the features that call for notice are: (1) the ofiScial ex- planation of the events and conditions which had led up to the covp d'etat; (2) the inducements offered in order to procure ac- quiescence or approval ; (3) the fundamental principles of the gov- ernment about to be established ; (4) the change effected in the original scheme for conducting the plebiscite. All of these docu- ments were signed, Louis-Napoleon. Eefekences. Fyfte,' Modern Europe, III, 171-177 (Popular ed., S17-828) ; Seignobos, Europe Since 1811,, 170-172 ;:, Andrews, Mod- ern Europe, II, 27-.37 ; Dicl of Europe by Treaty, 1266-1269. Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of Austria, the Em- peror of the French, the King of Prussia, the Emperor of AH the Russias, signing Parties to the Convention of the 13th day of July, 1841, and His Miajesty the King of Sardinia; wish- ing to record in common their unanimous determination to conform to the ancient rule of the Ottoman Empire, accord- ing to which the Straits of the Dardanelles and of the Bos- phorus are Closed to Foreign Ships of War, so long as the Porte is at Peace; Their said Majesties, on the one part, and His Majesty the Sultan, on the other, have resolved to renew the Con- vention concluded at London on the 13th day of July, 1841, with the exception of some modifications of detail which do not affect the principle upon which it rests; I. His Majesty the Sultan, on the one part, declares that he is firmly resolved to maintain for the future the principle invariably established as the ancient rule of his Empire, and ii) virtue of which it has, at all times, been prohibited for the Ships of War of Foreign Powers to enter the Straits of the Dardanelles and of the Bosphorus ; and that, so long as the Porte is at Peace, His Majesty will admit no Foreign Ship of War into the said Straits. And their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of Austria, the Em- peror of the French, the King of Prussia, the Emperor of All the Russias, and the King of Sardinia, on the other part, en- THE CONGRESS OP PARIS 563 gage to respect this determination of the Sultan, and to con- form themselves to the principle above declared. C. Declaration Respecting Maritime Power. April 16, 1856. Herstlet, Map of Europe by Treaty, 1282-1283. The Plenipotentiaries who signed the Treaty of Paris of the 30th of March, 1856, assembled in Conference, — Considering : That Maritime Law, in time of war, has long been the subject of deplorable disputes ; That the uncertainty of the law and of the duties in such a matter, gives rise to differences of opinion between Neu- trals and Belligerents which may occasion serious difficulties, and even conflicts; That it is consequently advantageous to establish a uniform doctrine on so important a point ; That the Plenipotentiaries assembled in Congress at Paris cannot better respond to the intentions by which their Gov- ernments are animated, than by seeking to introduce into inter- national relations fixed principles in this respect; The above-mentioned Plenipotentiaries, being duly author- ised, resolved to concert among themselves as to the means of attaining this object; and, having come to an agreement, have adopted the following solemn Declaration : 1. Privateering is, and remains, abolished; 2. The Neutral Flag covers Enemy's Goods, with the ex- ception of Contraband of War; 3. Neutral Goods, with the exception of Contraband of War, are not liable to capture under Enemy's Flag; 4. Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy. The Governments of the Undersigned Plenipotentiaries engage to bring the present Declaration to the knowledge of the States which have not taken part in the Congress of Paris, and to invite them to accede to it. Convinced that the maxims which they now proclaim aan- not but be received with gratitude by the whole world, the undersigned Plenipotentiaries doubt not that the efforts of 566 THE WAR IN ITALY their Governments to obtain the general adoption thereof, will be crowned with full success. The present Declaration is not, and shall not be binding, except between those powers who have acceded, or shall accede, to it. Done at Paris, the i6th of April, 1856. 116. Documents upon the War in Italy. The principal purpose of this group of documents is to throw light upon five features of the subject to which they relate. (1) Documents A and B show how the issue of war as between Aus- tria and Piedmont was Joined. (2) Document C may be regarded as an official defence and announcement of the purpose of French participation in the war. (3) From document D something may bo learned of what the Italians expected from French assistance. (4) Documents E and F show the terms upon which the war was concluded and the settlement of the Italian question intended by Napoleon III. (5) Document G shows the compensation exacteii by France for its participation in the war. Refeebnces. FySEe, Modern Europe, III, 251-281 (Popular ed., 87.'i-S92) ; Seignobos, Europe Since 1811,, 793-797 ; Andrews, Uod- crii Europe, II, 112-145; Cesaresco, Cavonr, Chs. viii-x ; Still- man, Villon of Italy, Ch. xii ; King, Ilalian Unity, II, 45-51, 55- 57, 61-70, 77-82, 115-122 ; Lftvisse and Eambaud, Histoire Gen- erate, XI, 263-276. A. The Austrian Ultimatum. April 19, 1856. Herstlet, Map of Europe by Treaty, 1359-1360. The Imperial Government, as your Excellency is aiware, has hastened to accede to the proposal of the Cabinet of St. Petersburg to assemble a Congress of the 5 Powers with the view to remove the complications which have arisen in Italy. Convinced, however, of the impossibility to enter, with any chance of success, upon pacific deliberations in the midst of the noise of arms, and of preparations for War carried on in a neighboring Country, we have demanded the placing on a Peace Footing of the Sardinian Army, and the disbanding of the Free Corps, or Italian Volunteers, previously to the meeting of the Congress. THE WAR IN ITALY 567 Her Britannic Majesty's Government finds this condition so just, and so consonant with the exigencies of the situation, that it did not hesitate to adopt it, at the same time declaring itself to be ready, in conjunction with France, to insist on the immediate disarmament of Sardinia, and to offer her in return a Collective Guarantee against any attack on our part, to which, of course, Austria would have done honour. The Cabinet of Turin seems only to have answered, by a categorical refusal to the invitation to put her army on a Peace Footing, and to accept the Collective Guarantee which was offered her. This refusal inspires us with regrets, so much the more deep, that if the Sardinian Government had consented to the testimony of pacific sentiments which was de- manded of her, we should have accepted it as a first symptom of her intention to assist, on her side, in bringing about an im- provement in the relations between the two countries which have unfortunately been in such a state of tension for ,some years past. In that case it would have been permitted us to furnish, by the breaking up of the Imperial troops stationed in the Lombardo- Venetian kingdom, another proof that they were not assembled for the purpose of aggression against Sardinia. Our hope having been hitherto deceived, the Emperor, my august master, has ordered me to make directly a last effort to cause the Sardinian government to reconsider the decision which it seems to have resolved on. Such is the object of this letter. I have the honour to entreat your Excellency to take its contents into your most serious consideration, and to let me know if the Royal Government consents, yes or no, to put its Army on a Peace Footing without delay, and to dis- band the Italian volunteers. The bearer of this letter, to whom, M. le Comte, you will be so good as to give your answer, is ordered to hold himself at your disposition to this effect for 3 days. Should he receive no answer at the expiration of this term, or should this answer not be completely satisfactory, the responsibility of the grave events which this refusal would entail would fall entirely on His Sardinian Majesty's Government. 568 THE WAR IN ITALY After having exhausted in vain all conciliatory means to procure for these populations the guarantee of peace, on virhich the Emperor has a right to insist, His Majesty will be obliged, to his great regret, to have recourse to force of arms to retain it. In the hope that the answer which I solicit of your Ex- cellency will be congenial to our wishes for the maintenance of Peace, I seize, &c., Buol. C. Cavour. B. Reply of Sardinia. April 26, 1859. Herstlet, Map of Europe by Treaty, 1361. The question of the Disarmament of Sardinia, which con- stitutes the basis of the demand which your Excellency ad- dresses to me, has been the subject of numerous negotiations between the Great Powers and the Government of the King. These negotiations led to a proposition drawn up by England, to which France, Prussia, and Russia adhered. Sardinia, in a spirit of conciliation, accepted it without reserve or after- thought. Since your Excellency can neither be ignorant either of the proposition of England nor the answer, I could add nothing in order to make known the intentions of the Gov- ernment of the King with regard to the difficulties which were opposed to the assembling of the Congress. The decided conduct of Sardinia has been appreciated by Europe. Whatever may be the consequences which it entails, the King, my august master, is convinced that the responsibility will devolve upon them who first armed, who have refused the propositions made by a great Power, and recognized as just and reasonable by the others, and who now substitute a nienacing summons in its stead. C. Proclamation of Napoleon III. May 3, 1859. Moniteur, May 4, 1859. Frenchmen ! Austria, in causing its army to enter the territory of the King of Sardinia, our ally, declares war upon us. It thus violates treaties and justice, and threatens our frontiers. All the great Powers have protested against that aggression. Pied- mont having accepted conditions which must have assured peace, it may be asked what can be the reason for this sud- THE WAR IN ITALY 569 den invasion. It is because Austria has brought matters to that extremity, that it is necessary she should dominate to the Alps, or that Italy should be free to the Adriatic; for in that country, every corner of land that remains independent is in danger for its power. Up to the present, moderation has been the rule of my conduct; now energy becomes my first duty. Let France arm itself and say resolutely tO' Europe: I do not wish for conquest, but I am determined to maintain without feebleness my national and traditional policy; I observe treat- ies, on condition that they shall not be violated against me; I respect the territory and the rights of neutral powers, but I openly avow my sympathy for a people whose history is bound up with ours, and who groan under foreign oppression. France has shown her hatred of anarchy; she has been pleased to give me an authority strong enough to reduce to impotence the abettors of disorder and the incorrigible men of those former parties who are seen incessantly making cov- enants with our enemies ; but she has not for that abdicated her function as a civilizer. Her natural allies have always been those who desire the improvement of humanity, and when she draws her sword, it is not in order to domineer, but to liberate. The purpose of this war, then, is to restore Italy to herself and not to cause her to change her master, and we shall have upon our frontiers a friendly people, who will owe their inde- pendence to us. We are not going into Italy to foment disorder nor to shake the authority of the Holy Father, whom we have re- placed upon his throne, but to secui-e it against that foreign pressure which weighs upon the whole Peninsula and to have a share in establishing order there out of legitimate satisfied interests. We are, in fine, in that classic land, made illustrious by so many victories, about to encounter the footsteps of our fathers ; God grant that we may be worthy of them ! I shall shortly place myself at the head of the army. I leave in France the Empress and my son. Seconded by the experience and the enlightenment of the last surviving broth- 570 THE WAR IN ITALY er of the Emperor, she will be able to show herself not inferior to her mission, I entrust them to the valor of our army which remains in France to look after our frontiers, as well as to protect our domestic hearth; I entrust them to the patriotism of the National Guard; I entrust them, in fine, to the entire people, who will surround them with that love and devotion of which each day I receive so many proofs. Courage then and union ! Our country is about to show the world once again that it has not degenerated. Providence will bless our efforts; for the cause which is based upon jus- tice, humanity, love of fatherland and of independence, is holy in the eyes of God. Napoleon. Palace of the Tuileries, May 3, 1859. D. Proclamation to the Italians. June 8, 1859. Mon- iteur, June 12, 1859. Italians, The fortune of war bringing me to-day into the capital of Lombardy, I am about to tell you why I am here. When Austria unjustly attacked Piedmont, I resolved to support my ally, the King of Sardinia, the honor and interests of France making it a duty for me. Your enemies, who are mine, have tried to diminish the universal S3rmpat!iy, which there has been in Europe for your cause, by seeking to make it thought that I was making war only through per- sonal ambition or to increase the territory of France. If there are men who do not understand their epoch, I am not of the number. In the enlightened state of public opinion at present, one is greater through the moral influence which he exercises than through sterile conquests ; and that moral influence I seek after with pride in contributing to make free one of the most beautiful parts of Europe. Your welcome has already proven to me that you do not misunderstand me. I do not come here with ai preconceived system in order to dispossess sovereigns nor to impose my will upon you ; my army wiil occupy itself only with two things : to fight your enemies, and to maintain internal order ; THE WAE IN ITALY 57! / it will not interpose any obstacle to the free manifestation of your legitimate desires. Providence sometimes favors peoples just as it does individuals by giving them the opportunity to become great all at once; but it is on condition that they know how to profit thereby. Profit, then, by the fortune which is offered you. Your desire for independence so long made known, so often deceived, will be realized if you will show yourselves worthy of it. Unite then in a single aim, the liberation of your coun- try. Organize militarily. Flock under the banners of Vic- tor Emmanuel, who has already so nobly shown you the way of honor. Remember tihat without discipline there is no army; and, animated by the sacred fire of patriotism, be to-day only soldiers ; to morrow, you shall be free citizens of a great country. Done at the imperial headquarters at Milan, June 8, 1859. Napoleon. E. Armistice of Villafranca. July 11, 1859. De Clercq, Traites, VII, 617-618. Translation, Herstlet, Map of Europe by Treaty, I374-I37S. Between His Majesty the Emperor of Austria and His Majesty the Emperor O'f the French, it has been agreed as follows : The two Sovereigns favour the creation of an Italian Con- federation. This Confederation shall be under the honorary Presidency of the Holy Father. The Emperor of Austria cedes to the Emperor of the French his rights over Lombardy, with the exception of the Fortresses of Mantua and Peschiera, so that the Frontier of the Austrian possessions shall start from the extremity of the raycn of the Fortress of Peschiera, and extend in a straight line along the Mincio as far as Legrazia, thence to Szarzarola, and Lugano on the Po, whence the existing Front- iers continue to form the Boundaries of Austria. The Emperor of the French shall present the ceded Terri- tory to the King of Sardinia. Venetia shall form part of the Italian Confederation, re- maining, however, subject to the Crown of the Emperor of Austria. 572 THE WAR IN ITALY The Grand Duke of Tuscany and the Duke of Modena return to their States, granting a general amnesty. The two Emperors shall request the Holy Father to intro- duce in his States some indispensable reforms. Full and complete Amnesty is granted on both sides to persons compromised on the occasion of the recent events in the territories of the belligerents. Done at Villafranca, nth July, 1859. Napoleon. Francis Joseph. F. Treaty of Zurich. November 10, 1859. De Clercq, Traites, VII, 643-649. Translation, Herstlet, Map of Europe by Treaty, 1380-1391. In the Name of the Most Holy and Indivisible Trinity, His Majesty the Emperor of Austria, and His Majesty the Emperor of the French, desirous of putting an end to the cal- amities of War, and of preventing the recurrence of the compli- cations which gave rise to it, by assisting to place upon solid and durable bases the internal and external Independence of Italy, have resolved to convert into a Definitive Treaty of Peace the Preliminaries signed by their hand at Villafranca. I. There shall be in future Peace and Friendship between His Majesty the Emperor of Austria and His Majesty the Emperor of the French, as also between their heirs and suc- cessors, their respective States and subjects, forever. 4. His Majesty the Emperor of Austria renounces, for himself and all his descendants and successors, in favour of His Majesty the Emperor of the French, his Rights and Titles to Lombardy, with the exception of the Fortresses of Peschiera and Mantua, and of the Territories determined by the new delimitation, which remain in the possession of His In> perial and Royal Apostolic Majesty. 5. His Majesty the Emperor of the French declares his intention of handing over to His Majesty the King of Sardinia the Territories ceded by the preceding Article. 18. His Majesty the Emperor of Austria and His Majesty THE WAR IN ITALY 573 the Emperor of the French engage to make every effort to encourage the creation of a Confederation among the ItaHan States, to be placed under the honorary presidency of the Holy Father, and the object of which will be to uphold the Independence and Inviolability of flhe Confederated States, to assure the development of their moral and material Interests, and to guarantee the Internal and External Safety of Italy by the existence of a Federal Army. Venetia, which remains subject to the Crown of His Im- perial and Royal Apostolic Majesty, will form one of the States of this Confederation, and will participate in the obli- gations, as in the rights, resulting from the Federal Pact, the clauses of which will be determined by an Assembly composed ct the representatives of all the Italian States. 19. As the Territorial Delimitation of the Independent States of Italy, who took no part in the late War, can be changed only with the sanction of the Powers who presided at their formation and recognized their existence, the Rights of the Grand Duke of Tuscany, of the Duke of Modena, and of the Duke of Parma, are expressly reserved for the consid- eration of the High Contracting Parties. 20. Desirous of seeing the tranquility of the States of the Church and the power of the Holy Father assured; convinced that such object could not be more efficaciously attained than by the adoption of a system suited to the wants of the pop- ulations and conformable to the generous intentions already manifested by the Sovereign Pontiff, His Majesty the Em- peror of the French and His Majesty the Emperor of Austria will unite their efforts to obtain from His Holiness that the necessity of introducing into the administration of his States the Reforms admitted as indispensable shall be taken into serious consideration by his Government. G. Treaty of Turin. March 24, i860. De Clercq, Traitcs, VIII, 32-35. Translation, Herstlet, Map of Europe by Treaty, 1429-1431. In the Name of the Most Holy and Indivisible Trinity. His Majesty the Emperor of the French having explained the considerations which, in consequnce of the changes which 574 EVOLUTION OP THE LIBERAL EMPIRE have arisen in the Territorial relations between France and Sardinia, caused him to desire the Annexation of Savoy and the Arrondissement of Nice (Circo'ndario di Nissa) to France, and His Majesty the King of Sardinia having shown himself disposed to acquiesce in it, their said Majesties have decided to conclude a Treaty for that purpose. I. His Majesty the King of Sardinia consents to the An- nexation of Savoy and the Arondissement of Nice (Circon- dario di Nizsa) to France, and renounces for himself, and all his Descendants and Successors, in favour of His Majesty the Emperor of the French, his Rights and Titles over the said Territories. It is understood between their Majesties that this Annexation shall be effected without any constraint of the wishes of the Populations, and that the Governments of the Emperor of the French and of the King of Sardinia will con- cert as soon as possible upon the best means of appreciating and verifying the manifestation of those wishes. 117. Documents upon the Evolution of the Liberal Empire. These documents .sliow the steps by whicli the autocratic re- gime of the first eight years of the Second Empire was gradually modified and the character of the system finally evolved out of These changes. Three things should be noted in connection with each document: (1) the concession nominally extended; (2) re- strictions and qualifications placed upon the concessions, if any ; (3) concessions withdrawn to counterbalance those extended, if any. Reffhences. Dickinson, Revolution and Reaction in Modern Frunee, 229-231 ; Seignobos, Europe Since 18H, 176-184 ; Andrews, Madern Europe, II, 169-186, passim; Lavisse and Rambaud. Mis- toire Oenerale, XI, 162-193, passim. A. Imperial Decree upon the Address to the Throne. November 24, i860. Duvergier, Lois, LX, 592-593. Napoleon, etc., wishing to give to the great bodies of the State a more direct participation in the general policy of our government and a striking testimonial of our confidence, we have decreed : I. The Senate and the Corps-Legislatif s;hall vote every EVOLUTION OP THE LIBERAL EMPIRE 575 year at the opening of the session, an address in response to our speech. 2. The address shall be discussed in the presence of the commissioners of the government, who shall give to the cham- bers all the necessary explanations upon the internal and for- eign policy of the Empire. 3. In order to facilitate for the Corps-Legislatif the ex- pression of its opinion in the formation of the laws and the exercise of the right of amendment, article 54 of our decree of iVlarch 22, 1852, is again put in force, and the rule of the Corps-Legislatif is modified in the following manner: "Immediately after the distribution of the projects of law and upon the day fixed by the president, the Corps-Legislatif, before appointing its commission, meets in secret committee : a concise discussion is opened upon the project of law, and the commissioners of the government take part in it." "The present provision is not applicable to projects of law of local interest nor in the case of urgency." 4. With the intent of rendering the reproduction of the debates of the Senate and the Corps-Legislatif more prompt and more complete, the following project for a senatus- consultum shall be presented to the Senate ; "The minutes of the sittings of the Senate and the Corp.s- Legislatif, drawn up by the secretary-editors placed under the authority of the president of each assembly, are addressed each evening to all the newspapers. In addition, the debates of each sitting are repioduced by stenography and inserted in extenso in the official newspaper of the next day." 5. The Emperor shall designate ministers without port- folio to defend before the chambers, in concert with the pres- ident and members of the Council of State, the projects of law cf the government. 6. The ministers without portfolio have the rank and the compensation of the ministers in office: they form part of the council of ministers and are housed at the expense of the State. 7. Our minister of State (.M. Walewski) is charged, etc. B. Senatus-Consultum upon the Publication of Debates. February 2, 1861. Duvergier, Lois, LXI, 50-58. Article 42 of the Constitution is modified as follows : 576 EVOLUTION OF THE LIBBEAL EMPIRE "The debates of the sittings of the Senate and the Corps- Legislatif are reproduced by stenography and inserted in exten-' so in the ofiScial newspaper of the next day. In addition, the minutes of these sittings, drawn up by the secretary-editors placed under the authority of the president of each assembly, are put each evening at the disposal of all the newspapers. The reports of the sittings of the Senate and the Corps- Legislatif by the newspapers, or any other method of publica- tion, shall consist only in the reproduction of the debates in- serted m extenso in the official newspaper, or the report drawn up under the authority of the president, in conformity with the preceding paragraphs. Nevertheless, when several projects or petitions 'sball have been discussed in one session, it shall be permissible to repro- duce only the debates relative to one of these projects or to a single one of these petitions. In that case, if the discussion is prolonged throug'h several sittings, the publication must be continued up to and including the vote thereon. The Senate, upon the request of five members, can decide to form itself into secret committee. Article 13 of the senatus-consultum of December 25, 1852, is abrogated in whatever is contrary to the present senatus- consultum. C. Senatus-Consultum upon the Budget. December 31, 1861. Duvergier, Lois, LXI, 553-579. 1. The budget of the expenses is presented to the Corps- Legislatif with its divisions into sections, chapters and articles. The budget of each minstry is voted by sections, in con- formity with the nomenclature appended to the present senatus- consultum. The distributions, by chapters, of the credits granted for each section, is regulated by decree of the Emperor, rendered in Council of State. 2. Special decrees, rendered in the same forrn, can authorise transfers from one chapter to another in the budget of each ministry. 3. Supplementary or extraordinary credits can be granted only by virtue of a law. EVOLUTION OF THE LIBERAL EMPIRE 577 4. The provisions of existing laws in that which concerns the expenses of secret services remaining to be paid, the ex- penses of the departments, the communes, and the local ser- vices, and the assistance funds for expenses of public interest are not altered. 5. Articles 4 and 12 of the senatus-consultum of December 25, 1852, are modified in what they have contrary to the pres- ent senatus-consultum. [The nomenclature alluded to in article i is omitted.] D. Senatus-Consultum upon Amendments to the Consti- tution. July 18, 1866. Duvergier, Lois, LXVI, 318-326. 1. The Constitution cannot be discussed by any public power other than the Senate proceeding in the forms which it determines. A petition having for its object any modification whatever or an interpretation of the Constitution can be reported in a general session only if the examination thereof has been author- ised by at least three out of the five bureaux of the Senate. 2. All discussion having for its object the criticism or the modification of the Constitution is forbidden, also the publica- tion or reproduction thereof by the periodical press, by poster.;, or by non-periodical writings of the dimensions determined by paragraph i of article g of the decree of February 17, 1852. Petitions having for their object a modification or an inter- pretation of the Constitution can be made public only by the publication of the official report of the sitting at which they have been reported. Every infraction of the provisions of the present article constitutes a contravention punishable by a fine of from five hundred to ten thousand francs. 3. Article 40 of the Constitution of January 14, 1852, is modified as follows : Article 40. The amendments adopted by the commission charged to examine a project of law are sent back to the Council of State by the president of the Corps-Legislatif. The amendments not adopted by the commission or by the Council of State can be taken into consideration by the Corps- Legislatif and sent back to the commission for a new exam- ination. 19 578 EVOLUTION OP THE LIBERAL EMPIEB If the commission does not propose any new draft, or if that which it proposes is not adopted by the Council of State, the original text of the project alone is put in deliberation. 4. The provision of article 41 of the Constitution of Jan- uary 14, 1852, which limits to three months the duration of the ordinary sessions of the Corps-Legislatif, is abrogated. A decree of the Emperor pronounces the closure of each session. The compensation allowed for the deputies of the Corps- Legislatif is fixed at twelve thousand five hundred francs for each ordinary session, whatever may be the duration thereof. In case of extraordinary session, the compensation con- tinues to be regulated in conformity with article 14 of the sen- atus-consultum of December 25, 1852. E. Imperial Decree upon Interpellation. January 19, 1867. Duvergier, Lois, LXVII, 21-22. Napoleon, etc., wishing to give to the discussions of the great bodies of State upon the foreign and internal policy of the government more utility and more accuracy, we have de- creed : 1. The members of the Senate and the Corps-Legislatif can address interpellations to the government. 2. Every request for interpellation must be written and signed by at least five members. This request explains briefly the object of the interpellations ; it is delivered to the pres- ident, who communicates it to the minister of State and sends it to the examination of the bureaux. 3. If two bureaux of the Senate or four bureaux of the Corps-Legislatif express tha opinion that the interpellation can take place, the Chamber fixes the day of the discussion. 4. After the closure of the discussion, the Chamber pro- nounces the order of the day pure and simple or sends it again to the government. 5. The order of the day pure and simple has always prior- ity. 6. Tlie sending again to the government can be declared only in the following terms : "The Senate (or the Corps-Leg- islatif) calls the attention of the government to the object of the interpellations.'' In this case, an epitome of Ihe delibera- tion is transmitted to the minister of State. EVOLUTION OP THE LIBERAL EMPIRE 579 7. Each of the ministers, by a special delegation of the Em- peror, can be charged, in concert with the minister of State and the president and the members of the Council of State, tu represent the government before the Senate and the Corps- Legislatif, in the discussion of aiifairs or of the projects of law. 8. Articles i and 2 of our decree of November 24, i860, which enacted that the Senate and the Corps-Legislatif should vote every year at the opening of the session an address in response to our speech, are abrogated. 9. Our mmister of State (M. Rouher) is charged, etc. F. Senatus-Consultum upon the Powers of the Senate. March 14, 1867. Duvergier, Lois, LXVII, 44-52- Article 26 of the Constitution is modified in the following manner : Art. 26. The Senate opposes the promulgation : I. Of laws which would be contrary to or would constitute an attack upon the Constitution, religion, morality, liberty of worship, personal liberty, the equality of citizens before the law, the inviolability of property, and the principle of the irremov- ablity of judges; Of those which might compromise the defence of the ter- ritory. The Senate can, in addition, before pronouncing upon the promulgation of a law, decide by a resolution with a statement of reasons that this law shall be submitted to a new delibera- tion of the Corps-Legislatif. This new deliberation shall occur only in a subsequent ses- sion, unless the Senate has recognized that there is urgency. When, in a second deliberation, the Corps-Legislatif has adopted the law without changes, the Senate, taking it up again, deliberates only upon the question whether it opposes or not the promulgation of the law, in conformity with numbers I and 2 of the present article. G. Senatus-Consultum. September 8, 1869. Duvergier, Lois, LXIX, 268-289. I. The Emperor and the Corps-Legislatif have the introduc- tion of the laws. s8o EVOLUTION OF THE LIBERAL EMPIRE 2. The ministers are dependent only upon the Emperor. They deliberate in council under his presidency. They are responsible. They can be put in accusation only by the Senate. 3. The ministers can be members of the Senate and the Corps-Legislatif. They have entrance into both assemblies and must be heard whenever they demand it. 4. The sittings of the Senate are public. The request of five members suffices for it to form itself into secret com- mittee. 5. The Senate, in indicating the modifications of which a law seems to it susceptible, can decide that it shall be sent back for 3 new deliberation of the Corps-Legislatif. It can, in any case, oppose the promulgation of the law. The law to the promulgation of which the Senate is op- posed cannot be again presented to the Corps-Legislatif in the same session. 6. At the opening of each session, the Corps-Legislatif ap- points its president, vice-presidents and secretaries. It appoints its questors. 7. Every member of the Senate and of the Corps-Leg- islatif has the right to address an interpellation to the govern- ment. Orders of the day, with statements of reasons, can be adopted. The return to the bureaux of an order of the day with a statement of reasons is a right when the government requests it. The bureaux appoint a commission, upon the summary- report of which the assembly pronounces. 8. No amendment can be put in deliberation unless it has been sent to the commission charged to examine the project of law and communicated to the government. When the government and the commission do not agree, the Council of State gives its opinion and the Corps-Legislatif pro- nounces. 9. The budget of expenses is presented to the Corps-Legis- latif by chapters and articles. The budget of each ministry is voted by chapters, in con- EVOLUTION OF THE LIBEUAL EMPIHB 581 forraity with the nomenclature annexed to the present senaitus- consultum. 10. Future modifications by international treaties in the schedules of the custom-duties and the postoffice shall become binding only in virtue of a law. 11. The existing constitutional relations between the gov- ernment of the Emperor, the Senate, and the Corps-Legislatif can be modified only by a senatus-consultum. The regular relations between these authorities are estab- lished by imperial decree. The Senate and the Corps-Legislatif frame their own in- ternal regulations. 12. All provisions contrary to the present senatus-con- sultum, and in particular articles 8 and 13, the ,second par- agraph of article 24, articles 26 and 40, the fifth paragraph of article 42, the first paragraph of article 43 and article 44 of the Constitution ; articles 3 and 5 of the senatus-oonsultum of December 25, 1852; article i of the senatus-consultum of De- cember 31, 1861, are abrogated. [The nomenclature alluded to in article nine is omitted.] H. Senatus-Consultum. May 21, 1870. Duvergier, Lois, LXX, 123-128. Napoleon, etc., in view of our decree of April 23 last, which convoked the French people in their a'ssemblies, in order to accept or reject the following plebiscite: "The people approve the liberal reforms effected in tlie Con- stitution since i860 by the Emperor with the co-operation of the great bodies of the State, and ratify the senatus-consultum of April 20, 1870;" In view of the declaration of the Corps-Legislatif which attests that the operations of the vote have been regularly carried out; that the general return of the votes cast upon the project of plebiscite has given seven million three hundred and fifty thousand one hundred forty-two ballots bearing the word, yes ; fifteen hundred thirty-eight thousand eight hundred and twenty-five bearing the word, no ; one hundred twelve thousand nine hundred and seventy-five invalid ballots ; We have sanctioned and promulgated as law of the State 582 EVOLUTION OP THE LIBERAL EMPIRE the senatus-consultum adopted by the Senate, April 20, 1870, and of the following tenor : Senatus-Consultum Establishing the Constitution of THE Empire. TITLE I. 1. The Constitution recognizes, confirms and guarantees the grand principles proclaimed in 1789 and which are the basis of the public law of the French. TITLE IL OF THE IMPERIAL DIGNITY AND OF THE REGENCY. 2. The imperial dignity, re-established in the person of Napoleon III by the plebiscite of November 21 and 22, 1852, is hereditary in the direct and legitimate lineage of Louis- Napoleon Bonaparte, from male to male, by order of primo- geniture, and to the perpetual exclusion of women and their descendants. 3. Napoleon III, if he has no male child, can adopt the children and the legitimate descendants in the masculine line of the brothers of the Emperor Napoleon I. The forms of adoption are regulated by a law. If, after the adoption, male children come to Napoleon III, his adopted sons can be called to succeed him only after his legitimate descendants. Adoption is forbidden to the successors of Napoleon III and their descendants. 4. In default of legitimate heirs, direct or adopted. Prince Napoleon (Josepih-Charlqs-Paul) and his direct and legitimate descendants, from male to male, by order of primogeniture and to the perpetual exclusion of women and their descend- ants, are called to the throne. 5. In default of legitimate or adopted heirs of Napoleon III and his successors in the collateral line who obtain their rights from the preceding article, the people select the Emperor and regulate, within his family, the order of inheritance from male to male, to the perpetual exclusion of women and their descendants. The project of pleJbiscite is successively deliberated upon by the Senate and the Cbrps-Legislatif, upon the proposal of the ministers, formed into council of government. Until the moment at which the election of the new Em- EVOLUTION OF THE LIBERAL EIilPIEE 583 peror is completed, the affairs of the State are governed by the ministers in office, who form themselves into a council of government and determine by the majority of votes. 6. The members of the family of Napoleon III called eventually to the inheritance and their descendants of both sexes form part of the imperial family. They cannot marry without the authorisation of the Em- peror. Their marriage without that authorisation entails deprivation of all right to the inheritance, both for the one who has contracted it and his descendants. Nevertheless, if there are no children from this marriage, in case of dissolution caused by decease, the prince who has contracted it recovers his rights to the inheritance. The Emperor determines the titles and the status of the other members of his family. He has full authority over them ; he regulates their duties and their rig'hts by statutes which have the force of law. 7. The regency of the Empire is regulated by the senatus- consultum of July 17, 1856. 8. The meoibers of the imperial family called eventually to the inheritance take the title of French Princes. The eldest son of the Emperor bears the title of Prince Imperial. g. The French Princes are members of the Senate and of the Council of State when they have reached the age of eight- een completed years. They can sit therein only with the ap- proval of the Emperor. TITLE III. FOKMS OF THE GOVERNMENT OF THE EMPEROR. 10. The Emperor governs with the assistance of the min- isters, the Senate, the Corps-Legislatif, and the Council of State. 11. The legislative power is exercised collectively by the Emperor, the Senate, and the Corps-Legislatif. 12. The introduction of the laws belongs to the Emperor, the Senate and the Corps-Legislatif. The projects of law emanating from the initiative of the Emperor can at his option be transmitted to either the Senate or the Corps-Legislatif. Nevertheless, every tax-law must be first voted by the Corps-Legislatif. 584 EVOLUTION OF THE LIBERAL EMPIRE TITLE IV. OF THE EMPEROR. 13. The Emperor is responsible to the French people, to whom he has always the right to make appeal. 14. The Emperor is the Head of the State. He commands the land and naval forces, declares war, makes treaties of peace, alliance and commerce, appoints to all offices, makes the rules and decrees necessary for the execution of the laws. 15. Justice is rendered in his name. The irremovability of the judges is maintained. . 16. The Emperor has the right to pardon and to grant am- nesties. 17. He sanctions and promulgates the laws. 18. Future modifications by international treaties in the schedules of the custom- duties and the postoffice shall be bind- ing only in virtue of a law. 19. The Emperor appoints and removes the ministers. The ministers deliberate in council under the presidency of the Emperor. They are responsible. 20. The ministers can be members of the Senate or of the Corps-Legislatif. They have entrance into both assemblies and must be heard whenever they request it. 21. The ministers, the members of the Senate, of the Corps- Legislatif and of the Council of State, the officers of the army and navy, the judges and the public functionaries take the following oath : "/ swear obedience to the Constitution and fidelity to the Emperor." 22. The scnatus-consulta of December 12, 1852, and of April 23, 1856, upon the endowment of the crown and the civil list, remain in force. However, there shall be a law enacted in the case provided for by articles 8, 11 and 16 of the senatus-consultum of De- cember 12, 1852. For the future, the endowment of the crown and the civil list shall be fixed, for the entire duration of the reign, by the [first?] legislature which shall meet after the accession of the Emperor. EVOLUTION OF THE LIBERAL EMPIRE 585 TITLE V. OF THE SENATE. 23. The Senate is composed : 1st. Of the cardinals, marshals and admirals. 2d. Of the citizens whom the Emperor raises to the dignity of senator. 24. The decrees of appointment of the senators are indi- vidual. They recount the services and indicate the titles upon which the appointment is based. No other condition can be imposed upon the choice of the Emperor. 25. Senators are irremovable and for life. 26. The number of the senators can be brought to two- thirds of that of the members of the Corps-Legislatif, including therein the senators ex-oiBcio. The Emperor cannot appoint more than twenty .senators per annum. 27. The president and vice-president of the Senate are ap- pointed by the Emperor and chosen from among the senators. They are appointed for one year. 28. The Emperor convokes and prorogues the Senate. He pronounces the closure of the 'sessions. 29. The sittings of the Senate are public. Nevertheless, the Senate can form itself into secret com- mittee in the case and according to the conditions determined by its rule. 30. The Senate discusses and votes the projects of law. TITLE VI. OF THE CORPS-LEGISLATIF. 31. The deputies are elected by universal suffrage, without scrutin de liste. 32. They are elected for a term which cannot be less than six years. 33. The Corps-Legislatif discusses and votes the projects of law. 34. The Corps-Legislatif elects, at the opening of each session, the members who compose its bureau. 35. The Emperor convokes, adjourns, prorogues and dis- solves the Corps-Legislatif. In case of dissolution, the Emperor shall convoke a new one within a period of six months. The Emperor pronounces the closure of the Corps-Legislatif. 586 THE PEESIGNY CIRCULAR 36. The sittings of the Corps-Legislatif are public. Nevertheless, the Corps-Legislatif can form itself into secret committee in the cases and according to the conditions deter- mined by its rule. TITLE VII. OF THE COUNCIL OF STATE. 37. The Council of State is charged, under the direction of the Emperor, to draw up the projects of law and the rules of public administration, and to settle the difficulties which arise in matters of administration. 38. The Council carries on, in the name of the government, the discussion of the projects of law before the Senate and the Corps-Legislatif. 39. The Councillors of State are appointed by the Emperor and are removable by him. 40. The ministers have rank, sitting and deliberative voice in the Council of State. TITLE VIII. GENERAL PROVISIONS. 41. The right of petition is exercised before the Senate and the Corps-Legi,=latif. 42. Articles 19, 25, 27, 28, 29, 30, 31, 32, 33 of the Con- stitution of January 14, 1^52; article 2 of the senatus-consultum of December 25, 1852 ; articles 5 and 8 of the senatus-con- sultum of September 8, 1869 ; and all the provisions contrary to the present Constitution are abrogated. 43. The provisions of the Constitution of January 14, 1852, and those of the senatus-consulta promulgated since that date which are not included in the present Constitution and are not abrogated by the preceding article have the force of law. 44. The Constitution can be modified only by the people, upon the proposal of the Emperor. 45. The changes and the additions effected in the plebiscite of December 20 and 21, 1851, by the present Constitution shall be submitted to the approval of the people in the forms deter- mined by the decrees of December 2 and 4, 1851, and November 7. 1852. However, the balloting shall continue but a single day. 118. The Persigny Circular. _May 8, 1863. Monitrttr. Hay 9, 1863. This letter was sent to the prefects by the minister of the iu- THE PERSIGNU CIRCULAR 587 terior, I'ersigny, during the electoral campaign of 1863. It shows something of the methods by which the imperial government in- fluenced the elections and gives in concise form a number of the principal arguments employed in defence of the imperial rggime. Reference. Andrews. Modern Europe^ II, 171-172. Paris, May 8, 1863. Mr. Prefect. The elections which are being prepared for will be for France a new opportunity to strengthen before Europe the in- .stitutions which it has given itself. Under these circumstances I scarcely need to remind you of the principles which ought to serve you for guidance. You will not forget that the Empire is the expression of the needs, feelings, and interests of the masses, and that, before rallying to it all the living forces of the nation, it was in the cottage of the people that it passed its infancy. Strong in his providential origin, the Elect of the people has realized all the hopes of France, which he found in anarchy, misery and abasement, into which the regime of the rhetoricians had thrown it, and a few years have sufficed for him to raise it to the highest degree of wealth and grandeur. We know how in this country distracted by so many rev- olutions, political, social and religious order has been restored, and the security of persons and property established as it never had been ; how, in ten years, wealth in personal property has been doubled and wealth in lands augmented by 7 to 8 milliards, and the public revenue increased by 300 millions ; how the territory has been ploughed over with macadamised roads, highways and cross roads, and enriched with innumerable pub- lic works ; how, finally, the glorious triumphs of our armies and the high influence yielded to our policy abroad have come to crown a development of prosperity until now without ex- ample in the world. History will tell by what prodigies of wisdom, courage and skill, the Elect of the people has accomplished all these things ; but it will reveal also the secret of his astonishing fortune, I mean to say the absolute confidence, the touching fidelity with which, in peace or in war, in bad as well 588 THE PBESIGNY CIRCULAR as in good circumstances, the French people have not ceased to support, surround and defend him. It is to this confidence that the Emperor again maltes ap- peal. He asks from the country a legislature which . will be as devoted as the two preceding and will have no other preoccupation than the future of the Empire. Mr. Prefect, if in France, as in England, parties were divided only upon the conduct of affairs, but were all equally attached to our fundamental institutions, the Government could confine itself in the elections to attendance upon the conflict of opinions. But in a country such as ours, which, after so niany convulsions, has been seriously constituted only for ten years past, that regular play of parties, which with our neigh- bors so happily makes the public liberties fruitful, would at present result only in prolonging revolution and in compro- mising liberty; for with us there are parties which are still oidj' factions. Formed out of the debris of overturned gov- ernments, and although enfeebled each day by time, which alone can cause them to disappear, they seek to penetrate to the heart of our institutions only in order to vitiate the principles upon which these rest, and they invoke liberty only in order to turn it against the State. In the presence of a coalition of animosities, rancors and ill-humors opposed to the great things of the Empire, your duty, Mr. Prefect, is quite naturally traced. Filled with the liberal and democratic spirit of our institutions, which the Emperor applies himself every day to develop, you will address yourself only to the reason and heart of the people. Allow everybody to freely produce candidatures, to publish and distribute pro- fessions of faith and ballots, according to the forms prescribed by our laws. Look after the maintenance of order and the regularity of the electoral operations. It is for everybody a right and for you a duty to combat energetically all disloyal maneuvers, intrigue, surprise and fraud, and, lastly, to assure the liberty and sincerity of the ballot and the honesty of the election. The suffrage is free. But, in order that the good faith of the people may not be deceived by skillful tongues, or by equiv- ocal professions of faith, designate openly, as in preceding elections, the candidates who impart the most confidence LAW DPON PUBLIC MEETINGS 589 to the Government. Let the people know who are friends or the more or less disguised adversaries of the Empire, and let them pronounce in entire liberty, but in perfect knowledge of the case. We are no longer in the time when elections were in the hands of a small number of privileged persons who disposed of the destinies of the country. Thanks to the Emperor, who has known how to resist both former and recent attempts of all the parties to restrict universal suffrage, and who has de- termined to maintain the right of every Frenchman to be an elector, France to-day, in possession of the most extensive suffrage that exists in Europe, counts 10 million electors, voting by secret ballot, each having to render account for his vote only to God and to his own conscience : it is the entire na- tion which, mistress of itself, cannot be dominated, forced nor corrupted by anybody. Receive, Mr. Prefect, the assurance of my very distin- guished consideration. The Minister of the Interior. F. DE Persigny. 119. Law upon Public Meetings. June 6, 1S68. Dnvergier, Lois, LXVIII, 186-208. This law shows how the right to hold public meetings was re- stricted under the Second Empire. It should be noted that the system outlined in this law is a "liberal concession," being less restrictive than that in force from 1852 to 1868. Eefekences. Seignobos, Europe Since ISll,, 179 ; Lavisse and Eambaud, liistoirc OeneraJc, XI, 185. TITLE I. OF NON-POLITICAL PUBLIC MEETINGS. 1. Public meetings can take place without previous author- isation, under the conditions prescribed in the following arti- cles. Nevertheless, public meetings whose object is to treat of political or religious matters continue to be subject to that authorisation. 2. Each meeting must be preceded by d declaration signed 590 LAW UPON PUBLIC MEETINGS by seven persons who are domiciled in tlie canton in which it must take place and who are in the enjoyment of their civil and political rights. This declaration sets forth the names, status and domiciles of the declarants and the place, day and hour of sitting, as well as the definite and particular purpose of the meeting. At Paris, it is sent to the prefect of police; in the depart- ments, to the prefect or sub-prefect. A receipt for it, which must be presented at every requisition of the agents of authority, is immediately given. The meeting cannot take place until three full days after the delivery of the receipt. 3. A meeting can be held only in a closed and covered place. It cannot be prolonged beyond the hour fixed by the competent authority for the closing of public places. 4. Each meeting must have a bureau composed of a pres- ident and of at least two assistants who are charged to main- tain order in the assembly and to prevent any infraction of the laws. The members of the bureau must not tolerate the discussion of any question foreign to the purpose of the meeting. 5. A functionary of the judicial or administrative corps, delegated by the administration, oan be present at the meeting. He must be invested with his symbols and takes a place at his choice. 6. The functionary who is present at the meeting has the right to pronounce its dissolution : ist, if the bureau, although cautioned, allows questions foreign to the purpose of the meet- ing to be brought under discussion ; 2d, if the meeting becomes turbulent. The persons assembled are required to separate at the first requisition. The delegate draws up a record of the facts and transmits it to the competent authority. TITLE II. OF PUBLIC ELECTORAL MEETINGS. 8. Electoral meetings can be held from the promulgation of the degree of convocation of a college for the election of a deputy to the Corps-Legislatif until the fifth day before that fix- ed for the opening of the ballot. THE BENEDETTI TREATY jgi Only the electors of the electoral circumscription and the candidates who have fulfilled the formalities prescribed by ar- ticle I of the senatus-consultum of February 17, 1858, can be present at this meeting. In order to be admitted they must make known their names, status and domicile. The meeting cannot take place until one full day after the delivery of the receipt which must immediately follow the dec- laration. All the other requirements of articles 2, 3, 4, S and 6 are applicable to electoral meetings. 120. The Proposed Benedetti Treaty. August 20, 1866. Translation, Wtsages and Documents, De- partment of State, ISIO-'n, 199. This document may be regarded as a type of numerous pro- posals made to Prussia by Napoleon III for tlie purpose of se- curing to Prance some territorial compensation as reward for its neutrality durinj? the German wars, 1864-1866. Quite different accounts of this transaction are given by Bismarck and Benedetti, the French minister at Berlin. The original is in the handwriting of Benedetti, but he declares tliat he wrote at the dictation of Bismarck. The document was made public by Bismarck at the beginning of the Franco-Prussian war. References. Fyffe, Modern Europe, III, 381-385 (Popular ed., !'59-961) ; Andrews, Modern Europe, II, 253-254 ; Headlam, ' Bis- maroU, 262-283. His Majesty the King of Prussia and his Majesty the Emperor of the French, deeming it useful to draw closer the bonds of friendship which unite them, and to consolidate the relations of good neighborhood happily existing between the two countries, and being convinced, on the other hand, that to attain this result, which is calculated besides to assure the maintenance of the general peace, it behooves them to come to an understanding on questions which concern their future relations, have resolved to conclude a treaty to this effect and named in consequence as their plenipotentiaries, that is to say: 592 THE BENEDBTTl TREATY His Majesty, &c., &c. His Majesty, &c., &c. Who, having exchanged their full powers, found to be in good and proper form, have agreed upon the foUoviring articles : Article I. His Majesty the Emperor of the French admits and recognizes the acquisitions which Prussia has made as the result of the last war which she sustained against Austria and her allies, [as also the arrangements adapted or to he adopted for constituting a confederation in North Germany, engaging at the same time to render his support for the main- tenance of that wo'rk.] Article H. His Majesty the King of Prussia promises to facilitate the acquisition of Luxemburg by France. To that effect his aforesaid Majesty will enter into nagotiations with His Majesty the King of the Netherlands to induce him to cede to the Emperor of the French his sovereign rights over that duchy in return for such compensation as rshall be deemed sufficient or otherwise. Article HI. His Majesty the Emperor of the French will not oppose a federal union of the confederation of the North with the Southern States of Germany, with the ex- ception of Austria, which union may be based on a common parliament, the sovereignty of the said states being duly re- spected. Article IV. On his part his Majesty the King of Prussia, in case his Majesty the Emperor of the French should be obliged by circumstances to cause his troops to enter Bel- gium, or to conquer it, will grant the succour [co-operation'] of his arms to France, and will sustain her with all his forces of land and sea against every power which, in that eventuality, should declare war upon her. Article V. To insure the complete execution of the above arrangements, his Majesty the King of Prussia and his Majesty the Emperor of the French contract, by the present treaty, an alliance, offensive and defensive, which they solemnly engage to maintain. Their Majesties engage, more- over, and specifically, to observe it in every case in which their respective states, of which they mutually guarantee the integrity, should be menaced by aggression, holding themselves THE EMS DESPATCH 593 bound in such a conjuncture to make without delay, and not to decUne on any pretext, the military arrangements which may be demanded by their common interest, conformably to the clauses and provisions above set forth. 121. The Ems Despatch. July 13, 187(1. Preussiche Jahrhucher, LXXXII, 46-47. This famous dispatch was an important factor in bringing on the Franeo-Prnssian war. The original version was sent to Bis- marclc by order of King William. The published version was ed- ited from the original by Bismarck and printed with striking head-lines in the serai-official North German Gazette. The two should be carefully compared and all differences noted, especially w ith reference to the question whether the effect actually pro- duced by the published version was different from that which would probably have resulted from the publication of the original dispatch. Eefeeences. Seignobos, Europe Since ISIJ/, 810 ; Andrews, modern Europe, II, 269-270 : Bismarck, Reflections and Reminis- cences, II, 93-103 ; Headlam, Bismarck, 337-342 ; Von Sybel, The Foundino of the German Empire, VII, 393-401 ; Lavisse and Ram- baud, llistoiii: Generule, XI, 776. ORIGINAL. Ems, July 13, 1870. His Majesty the King writes me: "Count Benedetti inter- cepted me upon the prome- nade in order finally to de- mand from me, in a very pressing manner, that I .should authorise him to immediately telegraph to Paris that I for all the future pledge myself never again to give my con- sent, if the HohenzoUerns should return to their candi- dacy. I finally refused him somewhat earnestly, since one would neither dare nor be PUBLISHED. "Ems, July 13, 1870. After the new.« of the renunciation of the Hereditary Prince of Hohenzollern had been offi- cially communicated to the French Imperial Government by the royal Spanish [govern- ment], the French minister has still brotight to His Maj- esty at Ems the demand, that he be authorised to tel- egraph to Paris that His Majesty the King pledges himself for all the future never again to give his con- sent, if the HohenzoUerns should resume their Candida- 594 THE EMS DESPATCH able to take such an engage- ment a tout jamais. Nat- urally I said to him that I had as yet received nothing, and, .since he was earlier in- formed about Paris and Ma- drid than I, he might well perceive that my government may be again out of the game." His Majesty has since re- ceived a message from the Prince. Since His Majesty said to Count Benedetti that he was expecting news from the Prince, His Majesty, with reference to the above men- tioned demand, upon the sug- gestion of Count Eulenburg and myself, has determined not to receive Count Ben- edetti again, but only to per- mit it to be said to him through an adjutant that His Majesty has now received from the Prince the news of the renunciation, which Ben- edetti already had received from Paris, and has nothing further to say to the minister. His Majesty leaves with Your Excellency whether tlie new demand of Benedetti and its immediate rejection should be communicated to our min- isters as well as to the press. Signed, Abeken. cy. His Majesty the King has thereupon refused to receive the French minister, and has pei-mitted him to be told through the service adjutant that His Majesty has nothing further to communicate to the French minister." THE 4TH OF SEPTEMBER SgS 122. Documents upon the Fourth of September. "W'ben the French disaster at Sedan became liuowu at Paris the iiiuifiial government was promptly jverthj-own and a pi'o- visional government created. These documents throw light upon the spirit and the ideas which animated the new government. Careful attention to the phraseology of the documents will bring out some important features of tlie situation. Eep-erences. Fyffe, Modern Europe, III, 44Y-448 (Popular ed., 1002-1003) ; Seignobos, Burope Since ISlIf, 187-189; Coubertin, Ev- olution of France under the Third RcpuWic, 1-6. A. Proclamation to the French People. September 4, 1870. Duvergier, Lois, LXX, 319-320. Frenchmen ! The people have outstripped the Chamber, which was hes- itating. In order to save the endangered fatherland they have demanded the Republic. They have placed their representatives not in power, but in peril. The Republic vanquished invasion in 1792, the Republic is proclaimed. The Revolution is made in the name of the law and of the public safety. Citizens, watch over the City which is entrusted to you ; tomorrow you, with the army, shall be the avengers of the fatherland ! B. Proclamation to the Inhabitants of Paris. September 4, 1870. Duvergier, Lois, LXX, 320. Citizens of Paris ! The Republic is proclaimed. A government has been selected by acclamation. It is composed of the citizens : Emmamtel Arago, Cre- mieux, Jules Favre, Jules Ferry, Gainbetta, Gamier-Pages, Glais-BJzoin, Pelletan, Picard, Rochefort, Jules Simon, rep- resentatives of Paris. General Trochu is entrusted with full military powers .for the national defence. He is summoned to the presidency of the government. The government begs the citizens to be calm; the people will not forget that they are in the face of the enemy. 596 DIPLOMATIC CIECTJLAES The government is before all a government of national defence. C. Decree upon the Corps-Legislatif and the Senate. September 4, 1870. Duvergier, Lois, LXX, 320. The Government, etc., decrees : The Corps-Legislatif is dissolved. The Senate is abolished. D. Decree upon Political and Press Offenders. Septem- ber 4, 1870. Duvergier, Lois, LXX. 320. The Government, etc., decrees : Full and complete amnesty is granted to all condemned for political crimes and offences and for press offences from December 3, 1852, to September 3, 1870. All the condemned still in custody, whether the judgments have been rendered by the correctional tribunals, or by the assize courts, or by courts martial, shall be immediately placed at liberty. 123. Diplomatic Circulars upon the Franco-Prussian War. These diplomatic circulars, designed for communication to the neutral soTernments, show the ideas of the French and Prussian governments upon the proper basis for peace. Each government will be seen to have formulated a program and adduced an argu- ment in its support. These should be carefully noted and com- pared. References. Fyffe, Modern Europe, III, 448-449 (Popular ed., 1003); Hanotaux, Contemporary France, I, 14-16; Headlam, Bis- marck, 353-.35& ; Sorel, Histoire Diplomatique de la Guerre Franco- Allemande, I, 296-299, 332-337. A. Circular to French Ministers. September 7, 1870. Jour- nal OMciel, September 7, 1870. Translation, Messages and Documents, State Department, 1&J0-71, 139-140. Sir : The events which have just taken place at Paris explain themselves so well by the inexorable logic of facts that it is useless to dwell at length upon their meaning and sciope. Yielding to an irresistible impulse, too long restrained, the people of Paris have obeyed a higher law, that of their own safety; they have not been willing to perish with the criminal power which was leading France to destruction ; DIPLOMATIC CIRCULARS 597 they have not declared the downfall of Napoleon III and of his dynasty; they have registered it in the name of right and justice and of the public safety, and this sentence was so well ratified in advance by the consciences of all that no one, even among the most noisy defenders of the falling power, has arisen to sustain it; it has sunk itself under the weight of its faults, amid the acclamations of an immense people, without a drop of blood having been shed, without a person having been deprived of his liberty; and we have seen a thing, unheard of in history, the citizens, to whom the cry of the people confided the perilous task of fighting and conquering, not giving a moment's uneasiness to the adversaries, who yesterday threatened them with mil- itary execution. It is by refusing them the honor of any repression that they have plainly shown their blindness and impotence. Order has not been disturbed for a single mo- ment. Our confidence in the wisdom and patriotism of the national guard and of the entire population permits us to assert that it will not be. Delivered from the shame and danger of living under a government which was recreant to all its duties, every one understands that the first act of this national sovereignty, reconquered at last, is to command itself, and to seek its strength in respect for the law. Moreover, time is pressing; the enemy is at our gates; we have but one thought — to drive him from our territory. But this obligation, which we res- olutely accept, has not been imposed upon France by us ; France would not now be under this obligation if our voice had been heard. We have energetically defended, even at the expense of our popularity, the policy of peace ; we shall persevere in doing so, with a still deeper conviction. Our heart bleeds at the sight of these inhuman massacres, where- by the flower of two nations is destroyed, which, with a little good sense and a great deal of liberty, would have been saved from these frightful catastrophes. We have no words to describe our admiration for our heroic army, sacrificed by the incompetency of the commander-in-chief, and yet ren- dered greater by its defeats than by the most brilliant vic- tories ; for, notwithstanding its knowledge of the faults which imperiled it, it has sublimely advanced to certain death, re- 5C.8 DIPLOMATIC CIRCULARS deeming the honor of France from the stains brought upon it by its government. Honor to it ! The nation opens its arms to it. The imperial power has sought to divide tbeni'; misfortunes and duty unite them in a solemn embrace, sealed by patriotism and liberty. This alliance renders us invincible. Prepared for everything, we calmly contemplate the situation which is presented to us. I will state this situation in a few words and submit my statement to my country and to Europe : We openly denounce war, and, protesting our respect for the rights of nations, we asked that Germany should be left mistress of her destinies ; we desired that liberty should be at once our common bond and our common shield. We were convinced that these moral forces insured forever the main- tenafuce of peace; but, by way of enforcement, we demanded a weapon for each citizen, a civic organization, and chosen chiefs. We then should have remained invulnerable on our own soil. The imperial government, which had long before separated its interests from those of the country, re- jected this policy. We resume it, with the hope that, having been taught by experience, France will have the wisdom to practice it. On his part the King of Prussia has declared that he was making war, not against France, but against the imperial dy- nasty. The dynasty lies prostrate. Free France rises. Does the King of Prussia desire to continue an impious struggle which will be at least as fatal to him as to us? Does he desire to give to the world of the nineteenth century the cruel spectacle of two nations destroying one another, and which, forgetful of humanity, of reason, of science, pile up ruins and corpses? He may take his choice. Let him as- sume this responsibility to the world and to history. If it is a challenge we accept it. We will not yield an inch of our territory, nor a stone of our fortresses. A disgraceful peace would soon be followed by a war of extermination ; we will only treat for a durable peace. Herein lies our in- terest, and that of all Europe. We have reason to hope that, freed from every dynastic bias, the question will be thus put to the chanceries. But even if we must stand quite alone, we will not be discouraged. We have a resolute army, well- supplied forts, strong walls, but above all, the breasts of DIPLOMATIC CIRCULARS 599 three hundred thousand fighting men, ready to hold out to the last. When they go piously to place garlands at the feet of the statue in Strasburg, they not only obey a sentiment of aithusiastic admiration, they take their heroic watch-word, they swear to be worthy of their brothers of Alsace, and to die like them. After the forts, the ramparts ; after the ram- parts, the barricades. Paris can hold out for three months, and conquer. If it should fall, France, rising at its call, would avenge it. It would continue the struggle, and the aggressor would perish. This, sir, is what Europe ought to know. We have not accepted power with any other object. We would not retain it a minute if we did not find the population of Paris, and of all France, resolved to aid in carrying out this plan. I sum up our resolutions in one word. Before God, who hears us — before posterity, which will judge us, we only desire peace; but if a destructive war, which we have de- nounced, be continued against us, we v/ill do our duty to the end. I firmly trust that our cause, which is that of right and justice, will finally triumph. It is in this sense that I desire you to explain the situation to his excellency the Secretary of State, in whose hands you will place a copy of this document. Accept, sir, the expression of my high consideration. The Minister of Foreign Affairs, Jules Favre. B. Circular to Prussian Ministers, September 13, 1870. Translation, Messages and Documents, State Department, 1S70-71, 211-212. Rheims, September 13, 1870. In consequence of the erroneous ideas concerning our re- lations with France, which reach us even from friendly quar- ters, I am induced to express myself in the following lines in relation to the views of his Majesty the King, which are shared by the allied German governments. We thought we saw in the plebiscitum and the succeed- ing apparently satisfactory condition of things in France, a guarantee of peace, and the expression of a friendly feeling on the part of the French nation. Events have taught us the contrary; at least they have shown us how easily this 6oo DIPLOMATIC CIRCULARS voice, among the French nation, is changed to its opposite. The almost unanimous majority of the representatives of the people, of the senate, and of the organs of public opinion among the press, demanded a war of conquest against us so loudly and emphatically that the isolated friends of peace were discouraged, and the Emperor Napoleon probably told his Majesty no untruth when he declared that the state of public opinion forced him to undertake the war. In the face of this fact we must not seek our guarantees in French feelings. We must not shut our eyes to the fact that, in consequence of this war, we must be prepared for a speedy attack from France again, and not for a permanent peace, and that quite independently of any conditions which we may impose upon France. The French nation will never forgive us for the defeat in itself, nor for our victorious re- pulse of its wanton attack. If we should now withdraw from France, without any acquisition of territory, without any contribution, without any advantages save the glory won by our arms, the same hatred, the same desire for revenge on' account of wounded pride and ambition, would remain among the French nation, and it would only await the day when it might hope successfully to indulge these feelings. It was not a doubt of the justice of our cause, nor was it an appre- hension that we might not be strong enough, that restrained us in the year 1867 from the war which was then offered us, but the fear of exciting those passions by our victories and of inaugurating an era of mutual animosity and constantly renewed wars, while we hoped, by ii longer continuance and attentive care of the peaceful relations of both nations, to gain a firm foundation for an era of peace and welfare. Now. after having been forced into the war which we desired to avoid, we must seek to obtain better guarantees for our de- fence against the next attack of the French than those of their good feeling. The guarantees which have been sought since the year 1815 against the same French desires and for the peace of Europe in the holy alliance and other arrangements made in the interest of Europe, have, in the course of time, lost their efficacy and significance ; so that Germany has finally been obliged to defend herself against France, depending solely up- DIPLOMATIC CIRCULARS 6oi on her own strength and her own resources. Such an effort as we are now making imposes such sacrifices upon the German nation that we are forced to seek material guarantees and the security of Germany against the future attacks of France, guarantees at the same time for the peace of Europe, which has nothing to fear from Germany. These guarantees we have to demand, not from a temporary government of France, but from the French nation, which has shown that it is ready to follow any government to war against us, as is indisputably manifested by the series of aggressive wars carried on for centuries by France against Germany. Our demands for peace can therefore only be designed to lay obstacles in the way of the next attack of France upon the German, and especially the hitherto defenceless South German frontier, by removing this frontier, and with it the point of departure of French attacks, further back, and by seeking to bring the fortresses with which France threatens us, as defensive bulwarks, into the power of Germany. You will express yourself in this sense, if any questions are asked of you. Bismarck. C. Circular to Prussian Ministers. September i6, 1870. Translation, Messages and Documents, State Department, 1870-71, 212-213. Meaux, September 16, 1870. You are aware of the contents of the document which Mr. Jules Favre has addressed to the represMitatives of France abroad, in the name of the present authorities in Paris, who style themselves the government of the national defence. It has, at the same time, come to my knowledge, that Mr. Thiers has undertaken a confidential mission to several for- eign courts, and I presume that it will be his task, on the one hand to inspire confidence in the desire for peace of the present Paris government, and on the other to seek the inter- vention of neutral powers in favor of a peace designed to rob Germany of the fruits of her victory, and to prevent the estabUshment of any basis of peace which might lay obstacles in the way of the next French attack upon Germany. 6o2 DIPLOMATIC CIECULAES We cannot believe in the earnest intention of the present Paris government to put an end to the war, so long as it continues to excite the passions of the people by its language and its acts, to increase the hatred and the bitter feeling of the population, already excited by the sufferings caused by the war, and to condemn in advance as inadmissible for France, every basis of peace which can be accepted by Germany. It thereby renders peace impossible, for which it should prepare the people by mild language, duly considering the serious na- ture of the situation, if it would lead us to believe that it aims at honest negotiations for peace with us. It could only be seriously supposed that we would now conclude ati armis- tice without every security for our conditions of peace, if we were thought to lack military and political sagacity, and to be indifferent to the interests of Germany. Another thing which prevents the French from clearly com- prehending the necessity of peace with Germany, is the hope, which is encouraged by the present authorities, of a diplomatic or material intervention of neutral powers in favor of France. If the French nation becomes convinced, that, as it alone voluntarily inaugurated the war, and as Germany has been obliged to carry on the contest alone, it will be compelled to settle the account with Germany alone, it will soon put an end to its now certainly useless resistance. It is cruelty on the part of neutral nations towards France if they permit the Paris government to encourage unrealizable hopes of interven- tion among the people and thereby to prolong the struggle. We are far from any desire to interfere in the internal affairs of France. It is a matter of indifference to us what sort of a government the French [people] may choose for itself. The government of the Emperor Napoleon is the only one which has been formally recognized by ns. Our terms of peace, with whatever government, authorised for the purpose, we may have to negotiate them, are entirely independent of the question, how and by whom the French nation is gov- erned; they are dictated to us by the nature of the oase, and by the law of self-defence against a turbulent and quarrelsome people on our frontier. The unanimous voice of the German governments and of the German people demands that Ger- many be protected by better boundaries than heretofore against EXECUTIVE POWER DECREES 60.I the threats and outrages which have been committed against us for centuries by all French governments. As long as France remains in possession of Strasburg and Metz her offensive is strategically stronger than our defensive, through- out the entire south and that portion of the north of Ger- many which lies on the left bank of the Rhine. Strasburg is, in the possession of France, a constantly open sally-port against South Germany. In the possession of Germany, on the other hand, Strasburg and Metz acquire a defensive char- acter. In more than twenty wars we have never been the aggressor against France, and we desire nothing from that country but our own safety, which has been so often jeop- ardized by it. France, on the contrary, will regard any peace which may now be concluded simply as a suspension of hos- tilities, and will again assail us, in order to be revenged for her present defeat, with just as little reason as she has done this year, as, soon as she feels strong enough to do so, either through her own .strength or through foreign alliances. In rendering it difficult for France (which has been the originator of every disturbance of the peace of Europe hith- erto) to act on the offensive, we are acting, at the same time, in the interest of Europe, which is that of peace. No dis- turbance of the peace of Europe is to be feared from Germany. Since the war has been forced upon us, which we have shunned for four years with the utmost care and at a sac- rifice of our national feeling, which has been incessantly hec- tored by France, we will demand security in future as the price of the gigantic efforts which we have been obliged to make in our defence. No one will be able to reproach us for want of moderation if we adhere to this just and reason- able demand. I desire you carefully to take cognizance of these ideas and present them for consideration in your interviews. Bismarck. 124. Decrees and Laws upon the Executive Power. These documents exhibit in large measure the nature of the government of France during the presidency of Thiers. By com- 6o4 EXECUTIVE POWER DECREES billing wliat is enacted for some institiitious and what is implied or declared with reference to others with what Is carried over from the preceding decree, each of the documents may be regarded as a sort of provisional constitution of France. They should be examined in that light. RBFEEE>?cii,s. Seignobos, Europe Since ISl't, 194-197 ; Bodley, France, I, 271-276 ; Hanotaux, Contemporary France, I, 66-67, 265- 270 ; 584-588 ; Simon, Government of Thiers, I, 76-80, II, 295-303 ; Lavisse and Ramband, Histoire Oenerale, XII, 2, 8, 12. A. Decree Appointing Thiers. February 17, 1871. Du- vergier, Lois, LXXI, 54-55. The National Assembly, depository of the sovereign authority, Considering that it is necessary, while awaiting what may be eijacted as to the institutions of France, to provide imme- diately for the necessities of the Government and for the con- duct of the negotiations, decrees : M. Thiers is appointed Head of the Executive Power of the French Republic; he shall exercise his functions, under the authority of the National Assembly, with the assistance of the ministers whom he shall have chosen and over whom he shall preside. B. The Rivet Law. August 31, 1871. Duvergier, Lois, LXXI, 210-212. The National Assembly, Considering that it has the right to use the constituent power, an essential attribute of the sovereignty with which it is invested, and that the imperative duties, which at the first it was bound to impose upon itself and which are still far from being completed, have alone prevented until now the use of this power ; Considering that, until the establishment of the definitive institutions of the country, it is essential for the needs of labor, the interests of commerce, and the development of industry, that our provisional institutions should take in the eyes of all, if not that stability which is the work of time, at least such that they may assure the harmony of feeling and the ap- peasment of parties; Considering that a new title, a more precise appellation. EXECUTIVE POWER DECREES 605 without in any degree altering the basis of things, can have the effect of putting better in evidence the intention of the Assem- bly to continue freely the loyal experiment begun at Bor- deaux ; That the prolongation of the functions conferred upon the Head of the Executive Power, limited henceforth to the duration of the labors of the Assembly, may free these func- tions from what they may seem to have of instability and pre- cariousness, without the sovereign rights of the Assembly suffering the least injury, since in any case the final determin- ation belongs to the Assembly; and that an aggregation of new guarantees is about to assure the maintenance of these parliamentary privileges, at once the safeguard and the honor of the country; Taking into consideration, moreover, the distinguished ser- vices rendered to the country by M. Thiers during the past six months and the guarantees which the continuance of the power that he holds from the Assembly presents ; Decrees : 1. The Head of the Executive Power shall take the title of President of the French Republic and shall continue to ex- ercise, under the authority of the National Assembly, as long as it shall not have terminated its labors, the functions which were delegated to him by the decree of February 17, 1871. 2. The President of the Republic promulgates the laws as soon as they are transmitted to him by the president of the National Assembly. He secures and supervises the execution of the laws. He resides at the place where the National Assembly sits. He is heard by the National Assembly wdienever he believes it necessary and after he has informed the president of the National Assembly of his wish. He appoints and dismisses the ministers. The council of ministers and the ministers are responsible to the Assembly. Each of the acts of the President of the Republic must be countersigned by a minister. 3. The President of the Rejpublic is responsible to the Assembly. 6o6 EXECUTIVE POWER DECREES C. Law upon the Presidency. March 13, 1873. Duvergier, Lois, LXXIII, 51-63. The National Assembly, Reserving in its entirety the constituent power which be- longs to it, but wishing to bring about improvements in the distribution of the public powers, decrees : 1. The law of August 31, 1871, i,s modified as follows: The President of the Republic communicates with the As- sembly by messages which, with the exception of those with which the sessions are opened, are read at the tribune by a minister. Nevertheless, he shall be heard by the Assembly in the discussion of the laws, when he shall deem it necessary, and after he has informed it of his wish by a message. The discussion upon the occasion at which the President of the Republic expresses a wish to take the word is suspended after the receipt of the message, and the President shall be heard the next day, unless a special vote decides that he shall be heard the same day. The sitting is terminated after he has been heard, and the discussion is resumed only at a sub- sequent sitting. The discussion occurs outside of the presence of the President of the Republic. 2. The President of the Republic promulgates the laws de- clared urgent within three days, and the non-urgent laws within the month following the vote of the Assembly. Within the space of three days, when a law that has not been submitted to three readings is in question, the President of the Republic shall have the rig'ht to demand, by a message with a statement of reasons, a new deliberation. For the laws submitted to the formality of the three read- ings, the President of the Republic shall have the right, after the second, to demand that the placing of it as the order of the day for the third deliberation be fixed only after the space of two months. 3. The provisions of the preceding article shall not apply to the acts in which the National Assembly shall exercise the constituent power that is reserved in the preamble of the pres- ent law. 4. Interpellations can be addressed only to the ministers, and not to the President of the Republic. TREATY OP VERSAILLES 607 When interpellations addressed to the ministers or pe- titions sent to the Assembly relate to foreign affairs, the Pres- ident of the Republic shall have the right to be heard. When these interpellations or these petitions shall have rela- tion to the internal policy, the ministers shall reply only for the acts which concern them. Nevertheless, if by a special resolution, communicated to the Assembly before the opening of the discussion by the vice-president of the council of min- isters, the council should declare that the questions raised are bound up with the general policy of the Government and thus involve the responsibility of the President of the Republic, the President shall have the right to be heard in the forms determined by the first article. After having heard the vice-president of the council, the Assembly fixes the day for the discussion. S. The National Assembly shall not separate before having enacted : 1st. Upon the organization and the method of transmission of the legislative and executive powers ; 2d. Upon the creation , and prerogatives of a second chamber, which is not to enter upon its functions until after the separation of the present Assembly ; 3d. Upon the electoral law. The government shall submit to the Assembly projects of law upon the above enumerated matters. 125. Preliminary Treaty of Versailles. February 26, 1871. De Clercq, Traites, X, 430-435. Transla- tion, Herstlet, Map of Europe hy Treaty, 1912-1918. As the stipulations of this treaty were reproduced without any very considerable change in the definitive treaty of Frankfort, ihis document shows substantially the terms of peace at the end of the Franco-Prussian war. Reperences. FyfEe, Modern Europe, III, 464-465 (Popular ed., 1013-1014) ; SeigDobos, Europe Since ISXI,, 818 ; Hanotaux, Cork- temporary France, I, 119-131; Sorel, Histoire DiplomaHque de la Guerre Franco-Allemande, II, 231-251. Between the Chancellor of the Germanic Empire, Count Otto de Bismarck-Schonhausen, . . representing the 6o8 DECLARATION OF THE COMMUNE Germanic Empire, on the one part; and on the other part, the Chief of the Executive Power of the French Republic, Mon- sieur Thiers, and the Minister for Foreign Affairs, Monsieur Jules Favre, representing France; . . . the following has been agreed upon to serve as a preliminary Basis to the Definitive Peace to be concluded hereafter. 1. . . [Contains the cession of territory made by France to Germany. This cession, as slightly modified by the definitive treaty of Frankfort, is shown upon maps in Herst- let, Map of Europe by Treaty, 1962-1963, and Putzger, His- torischer Schul- Atlas, 29.] 2. France shall pay to His Majesty the Emperor of Ger- many the sum of 5,000,000,000 Francs (five milliards). The payment of at least 1,000,000,000 (one milliard) Francs shall be effected within the year 1871, and the whole of the remainder of the Debt in the space of 3 years, dating from the ratification of the present. 3- [Provides in detail for the gradual evacuation of French territory as the payments upon the indemnity are made.] 4. The German Troops shall abstain from levying con- tributions either in money or in kind in the occupied Depart- ments. On the other hand, the maintenance of the German Troops remaining in France shall be at the expense of the French Government in the manner -decided upon by an Agreement with the German Military Administration. 126. Declaration of the Paris Commune. April 19, 1871. Revue (le France, Supplement. Acies du Gouv eminent Revolutionnaire de Paris, XXXIX-XL. The ideas of the Paris Communists may be divided into two classes: (1) negative, a common hatred of monarchy and the bourgeois republic, one of which they expected the National As- sembly to establish: (2) positive, a great variety of political and social theories, represented by different groups of Communists. This document, which was the chief political act of the Commune, throws light upon both sets of ideas. For the negative class, the intensity of feeling which the document shows should be noted. The positive ideas should be compared with (1) those of the ex- treme revolutionary parties of earlier crises, (2) those of the dif- DECLARATION OF THE COMMDNE 609 ferent groups represented amoug the Communists, (3) the require- ments of tlie esistins situation in France. References. Seignobos, Europe Since 181J,, 190-194 ; Andrews, Modern Europe, II, 345-349 ; Dickinson, Revolution and Reaction in Modern France, Ch. viii ; Hanotaux, Contemporary France, I, 166-169 ; Lavisse and Rambaud, Histoire Oenerale, XII, 2-7. DECLARATION TO THE FRENCH PEOPLE. In the painful and terrible conflict which once again im- poses upon Paris the horrors of siege and bombardment, which causes French blood to flow, which causes our brothers, our wives, and our children to perish, sinking before shells and grape shot, it is necessary that public opinion should not be divided and that the national conscience should not be troubled. It is necessary that Paris and the whole country should know what is the nature, the reason, and the aim of the Rev- olution which is accomplished. It is necessary, in fine, that the responsibility for the sorrows, the sufferings and the mis- fortunes of which we are the victims should return upon those who, after having betrayed France and delivered Paris to the foreigner, are seeking with a blind and cruel obstinacy the ruin of the capital, in order to conceal in the disaster to the Republic and to Liberty the double testimony to their treason and their crime. It is the duty of the Commune to ascertain and assert the aspirations and the views of the population of Paris, to state precisely the character of the movement of March 18, mis- understood, unknown and calumniated by the politicians who sit at Versailles. Once again Paris labors and suffers for all France, for which by her conflicts and sacrifices she prepares intellectual, moral, administrative and economic regeneration, glory and prosperity. What does she ask for ? The recognition and consolidation of the Republic, the only form of government compatible with the rights of the people and the regular and free development of society; The absolute autonomy of the Commune extended to all the localities in France, and insuring to each the integrity of 6l0 DECLARATION OF THE COMMUNE its rights and to every Frenchman the full exercise of his faculties and aptitudes, as man, citizen and worker; The autonomy of the Commune shall have for its limits only the equal right of autonomy for all the other com- munes adhering to the contract, the association of which must insure French unity. The rights inherent in the Commune are : The voting of the communal budget, receipts and expendi- tures; the determination and partition of taxation; the man- agement of the local services ; the organization of its magis- trature, the internal police and education ; the administration of the property belonging to the Commune ; The Choice by election or competition, with responsibility and the permanent right of control and of removal, of the communal magistrates and functionaries of all sorts ; The absolute guarantee of personal liberty, of liberty of conscience and hberty of labor; The permanent participation of the citizens in communal affairs by the free expression of their ideas and the free de- fence of their interests; guarantees to be given for these expressions by the Commune, which alone is to be charged with the supervision and assuring of the free and just ex- ercise of the right of meeting and of publicity; The organization of urban defence and of the National Guard, which elects its leaders and alone watches over the maintenance of order within the city. Paris wishes for nothing more in the way of local guaran- tees, on condition, well understood, of finding in the grand central administration, the delegation of the federated com- munes, the realization and the practice of the same principles. But, in favor of its autonomy and profiting from its liberty of action, Paris reserves to herself to effect for herself, as she may think proper, the adminis.trative and economic re- forms which her population demand; to create suitable insti- tutions to develop and promote education, productior, ex- change and credit ; to universalize power and property, ac- cording to the necessities of the moment and the opinion of those interested and the data furnished by experience. Our enemies deceive themselves or deceive the country DECLARATION OP THE COMMUNE 6ll when they accuse Paris of wishing to impose its will or its supremacy upon the remainder of the nation and of design- ing a dictatorship which would be a veritable attack upon the independence and sovereignty of the other communes. They deceive themselves or deceive the country when they accuse Paris of seeking the destruction of French unity, established by the Revolution amid the acclamations of our fathers flocking to the Fete of the Federation from all points of old France. Unity such as has been imposed on us up to this day by the Empire, the Monarchy and Parliamentarism is only des- potic, unintelligent, arbitrary and onerous centralization. Political unity such as Paris wishes is the voluntary asso- ciation of all the local initiatives, the free and spontaneous co- operation of all the individual energies in view of a common purpose, the welfare, the liberty and the security of all. The Communal Revolution, begun by the popular initiative of March i8, inaugurates a new political era, experimental, positive, and scientific. It is the end of the old governmental and clerical world, of militarism, officialism, exploitation, stock jobbing, monop- olies, and privileges, to which the proletariate owes its servi- tude and the fatherland its misfortunes and its disasters. Let this beloved and splendid fatherland, imposed upon by falsehoods and calumnies, reassure itself then ! The struggle brought on between Paris and Versailles is one of those which cannot be terminated by illusory com- promises ; the issue of it cannot be doubtful. Victory, pur- sued with an indomitable energy by the National Guard, will remain with the idea and the right. We appeal, therefore, to France! Informed that Paris in arms possesses as much of calm- ness as of bravery; that it preserves order with as mudh en- ergy as enthusiasm ; that it sacrifices itself with as mudh rea- son as heroism ; and that it has armed itself only out of de- votion to the liberty and glory of all; let France cause this bloody conflict to cease ! It is for France to disarm Versailles by the solemn ex- pression of her irresistible will. Summoned to profit from our conquests, let her declare 6l2 LOCAL GOVERNMENT LAWS herself identified with our efforts; let her be our ally in this conflict which can end only by the triumph of the communal idea or the ruin of Paris ! As for ourselves, citizens of Paris, we have the mission of accomplishing the modern revolution, the greatest and the most fruitful of all those which have illuminated history. It is our duty to struggle and to conquer ! Paris, April 19, 1871. The Commune of Paris. 127. Laws for Reorganizing Local Government. These laws with No. 128 are the most important of the re- organization measures of the Thiers government. The system out- lined in them still exists with but little change. It should be compared with that of the Second Empire. Refeeencbs. Seignobos, Europe Since I8i}, 195 ; Hanotaux, Contemporary France, I, 235-240 ; Lavisse and Eambaud, Histoire Generale, XII, 9-10. A. Communal Law. April 14, 1871. Duvergier, Lois, LXXI, 71-79. 2. Within the shortest possible space of time after the promulgation of the present law, the government shall con- voke the electors in all the communes in order tO' proceed to the entire renewal of the municipal councils. 3. The elections shall take place by scrutin de liste for every commune. Nevertheless, the commune can be divided into sections, each of which shall elect a number of councillors proportionate to the figure of the population. . 4. All French citizens fully 21 years of age, in en- joyment of their civil and political rights, not being in any position of incapacity as provided by the law, and having for at least a year past their actual domicile in the commune, are electors. All the electors 25 years of age meeting the conditions provided in the preceding paragraph . are eligible to the municipal council of a commune. Moreover, there can be chosen to the municipal council of a commune, without the condition of domicile, a fourth of LOCAL GOVERNMENT LAWS 613 the members who shall compose it, on condition that the elected who are not domiciled pay in the said commune one of the four direct taxes. 7. In all of the communes, whatever may be their popula- tion, the balloting shall continue only one day. It shall be opened and closed on a Sunday. The counting shall be done immediately. 8. The municipal councils selected shall remain in office until the promulgation of the organic law upon the munic- ipalities. Nevertheless, the duration of their functions cannot exceed three years. . 9. The municipal council shall elect the mayor and the as- sistants from among its own members by secret ballot and majority. If after two ballots no candidate has obtained the majority the procedure sliall be by ballotage between the two candidates who have obtained the most votes. . The mayors and the assistants thus elected shall be remov- able by decree. Dismissed mayors and assistants shall not be re-eligible for a year. The selection of the mayors and the assistants shall take place provisionally by decree of the Government in the cities of more than 20,000 souls and in the head-towns of the department and the district, whatever may be their pop- ulation. The mayors shall be taken from within the munic- ipal council. 10-17. [Provide a special municipal system for Paris.] 19. The functions of mayor, assistants and municipal coun- cillors are essentially gratuitous. B. Departmental Law. August IQ, 1871. Duvergier, Lois, LXXI, 181-210. TITLE I. GENERAL PROVISIONS. 1. There is in each department a general council. 2. The general council elects from within its own body a departmental commission. 3. The prefect is the representative of the executive au- 6l4 LOCAL GOVERNMENT LAWS thority within the department. He is, in addition, charged with the preliminary investigation of ftiatters which are of impor- tance to the department, as well as the carrying out of the decisions of the general council and of the departmental com- mission, in conformity with the provisions of the present law. TITLE II. OF THE FORMATION OF THE GENERAL COUNCILS. 4. Each canton of the department elects one member of the general council. 5. The election is made by universal suffrage, in each com- mune from the lists drawn up for the municipal elections. 6. All citizens enrolled upon a list of electors, or proving that they ought to be enrolled there before the day of the election, fully twenty-five years of age, who are domiciled within the department, and those who, without being domiciled there, are listed there upon the roll of one of the direct taxes on the 1st of January of the year in which the election takes place, or who prove that they ought to be enrolled there on that day or that they have inherited since the same date a real estate property within the d'epartment, are eligible to the general council. However, the general councillors not dom- iciled cannot exceed one-fourth the total number of which the council must be composed. 14. No one is elected a member of the general council at the first ballot, unless he unites : 1st, a majority of the votes cast: 2d, a number of votes equal to a fourth of that of the enrolled electors. At the second ballot, the election takes place by plurality, whatever may be the number of voters. If several candidates obtain the same number of votes, the election is awarded to the eldest. 21. The general councillors are selected for six years ; they are renewed by half every three years and are re-eligible in- definitely. TITLE III. OF THE SESSIONS OF THE GENERAL COUNCILS. 23. The general councils have each year two ordinary ses- LOCAL GOVERNMENT LAWS 6lS The session in which the budget and the accounts are considered commences with full right the first Monday which follows August IS and can be postponed only by a law. The opening of the other session takes place upon the day fixed by the general council in the session of the preced- ing August. . The duration of the August session cannot exceed one month ; that of the other ordinary session cannot exceed fif- teen days. 27. The prefect has entrance to the general council; he is heard when he demands it and is present at the deliberations, except when the auditing of his accounts is in question. 28. The sittings of the general councils are public. Nev- ertheless, upon the request of five members, the president or the prefect, the general council, by rising and sitting, without debate, decides whether it will form itself into secret com- mittee. 33. Every act and every decision of a general council in relation to matters which are not legally included within its powers is null and void. The nullity is pronounced by a de- cree rendered in the form of public administrative regulations. 35. During the sessions of the National Assembly, the dis- solution of a general council can be pronounced by the head of the executive power only under the express obliga- tion to render an account of it to the Assembly within the shortest space of time possible 36. In the interim of the sessions of the National Assem- bly, the Head of the Executive Power can pronounce the dis- solution of a general council for causes peculiar to this coun- cil. TITLE IV. OF THE ATTRIBUTES OF THE GENERAL COUNCILS. y;. The general council apportions each year, at its August session, the direct taxes, in conformity with the rules estab- lished by the laws. 6l6 LOCAL GOVERNMENT LAWS 40. The general council votes the additional centimes the collection of which is authorised by the laws. It can vote extraordinary centimes within the limit of the maximum annually fixed by the law of finances. It can likewise vote departmental loans, reimbursable within a period which cannot exceed fifteen years, out of the ordinary and extraordinary resources. 42. The general council determines each year at its August session, within the limits annually fixed by the laiw of finances, the maximum number of extraordinary centimes which the municipal councils are authorised to vote, in order to appro- priate the proceeds of them for extraordinary expenses of com- munal utility. 44. The general council effects the recognition, determines the width and prescribes the opening and repair of cross- roads which are highways and of common interest. 46. The general council decides finally upon the matters hereinafter designated, to wit : [Here follow twenty-six distinct matters embracing the more important powers of local administration.] 47. The resolutions in which the general councils make definitive decisions are carried into effect, unless within a pe- riod of twenty days, dating from the close of the session, the prefect has demanded the setting aside of them for excess of power or for violation of a provision of a law or a regu- lation of public administration. 48. The general council deliberates over : [Here follow five important matters of local government] 49. The resolutions taken by the general council upon the matters enumerated in the preceding article are carried into effect, unless within a period of three months, dating from the closing of the session, a decree with statement of reasons has suspended their execution. 50. The general council gives its opinion upon : [Here follow three matters of local government.] LOCAL GOVERNMENT LAWS (jVJ 51. The general council can address directly to the minister concerned, through the medium of its president, the complaints v.'hich it shall have to present in the special interest of the de- partment, as well as its opinion upon the condition and the needs of the different public services, in that which touches the department. All expressions of political opinions are forbidden to it. Nevertheless, it can express opinions upon all economic and general administrative questions. TITLE V. OF THE BUDGET AND OF THE ACCOUNTS OF THE DEPARTMENT. 57. The project for the budget of the department is pre- pared and presented by the prefect, who is required to commu- nicate it to the departmental commission, with the corrobora- tive documents, at least ten days before the opening of the August session. The budget, considered by the general council, is definitively determined by decree. It is divided into ordinary budget and extraordinary bud- get. TITLE VI. or THE DEPARTMENTAL COMMISSION. 69. The departmental commission is elected each year at the end of the August session. It is composed of at least four members and of seven at most, and it includes one member chosen, as nearly as pos- sible, from among the councillors elected or domiciled in each district. The members of the commission are re-eligible in- definitely. 75. The members of the departmental commission do not receive any compensation. ■jd. The prefect or his representative is present at the sit- tings of the commission ; they are heard when they demand it. -jj. The departmental commission controls the matters which are remitted to it by the general council, within the 6l8 THE ARMY LAW limits of the delegation that is made to it. It deliberates over all the questions that are referred to it by the general council, within the limits of the delegation that is made to it. It delib- erates over all the questions that are referred to it by the prefect, and it gives its opinion to the prefect upon all the questions which he submits to it or upon which it believes that it ought to call his attention in the interest of the department. 79. At the opening of each ordinary session of the gen- eral council, the departmental commission makes a report to it upon the whole of its labors and submits to it all the pro- posals that it believes useful. At the opening of the August session, it presents in a sum- mary report its observations upon the budget proposed by the prefect. These reports are printed and distributed, unless the commission decides otherwise in regard to them. Special or Temporary Provisions. 94. The present law is not applicable to the department of the Seine. A special law shall be enacted in respect to it. 128. Law for Reorganizing the Army. July 27, 1S72. Duvergier, Lois, LXXII, 332-362. The disasters of the Frftnco-Prussian war making necessary a complete reorganization of the French army, this law was passed after careful consideration, and with very slight alterations it is still in force. Two features of it call for particular notice, (1) the principle upon which military service is based, (2) the man- ner in which that principle is applied. Rii:f]5rbnces. Seignobos, Europe Since ISV,, 195 ; Hanotaux, Contemporary France, I, 40.5-468 ; Lavisse and Eambaud Histoire acnerale, XII, 10. TITLE I. GENERAL PROVISIONS. I. Every Frenchman owes personal military service. 3. Every Frenchman who is not declared unfit for all mil- itary service can be summoned, from the age of twenty years to that of forty years, to make up part of the active army and THE ARMY LAW 619 of the reserves, according to the mode determmed by the law. 4. Substitution is suppressed. The exemptions from service, under the conditions specified by the law, are not granted as final discharges. 5. The men present in person do not take part in any vot- ing. TITLE II. OF THE SUMMONSES. Section II. Of the exemptions. . 16. Young men whose infirmities render them unfit for all active or auxiliary service in the army are exempt from mil- itary service. 17. These are exempt from military service in time of peace : 1st. The eldest of fatherless and motherless orphans ; 2d. The only son or the eldest of the sons, or in default of son or son-in-law, the only grandson or the eldest of the grand- sons of a woman actually a widow, or a woman whose hus- band has been legally pronounced absent, or of a father who is blind or has entered upon his seventieth year. In the cases provided for by the two preceding paragraphs, the younger brother shall enjoy the exemption if the elder brother is blind or afflicted with any other incurable infirmity which renders him impotent. 3d. The elder of two brothers summoned to make up part of the same drawing, if the younger is pronounced fit for the service. 4th. One whose brother shall be in the active army; 5th. One whose brother shall have died in active service or shall have been discharged or allowed to retire on account of wounds received in a required service or on account of in- firmities contracted in the army or navy. 20. These are by conditional right exempt from military service : [Seven difi^erent classes are named. With the exception of a few artists, all are either teachers or students preparing themselves for places of public utility in state or church.] 620 THE ARMY LAW 22. Young men designated by the municipal councils of the commune where they are domiciled as the indispensable sup- porters of families can be exempted by provisional title, if they discharge these duties efficiently. . These exemptions can be granted up to the extent of four per cent per department of the number of young men pro- nounced fit for the service. TITLE III. OF THE MILITARY SERVICE. 36. Every Frenchman who is not declared unfit for all military service makes up part : Of the active army for five years ; Of the reserve of the active army for four years ; Of the territorial army for five years ; Of the reserve of the territorial army for six years. 1st. The active army, independently of the men who are not recruited by the summons, is composed of all the young men declared fit for one of the services of the army and in- cluded in the last five classes summoned; 2d. The reserve of the active army is composed of all the men likewise declared fit for one of tiie services of the army and included in the four classes summoned immediately before those which form the active army; 3d. The territorial army is composed of all the men who have completed the time of service prescribed for the active army and the reserve; 4th. The reserve of the territorial army is composed of the men who have completed the time of service for that army. 40. After a year of service no more of the young men in the conditions set forth in the preceding article [i.e., all who are taken into the active army] are kept with the colors than the number of men fixed each year by the minister of war. 41. Notwithstanding the provisions of the preceding article, the soldier included in the category of those not bound to remain with the colors, but who, after the year of service men- tioned in the said article, does not know how to read and write and does not meet the examinations prescribed by the minister of war, can be kept in the ranks for a second year. THE ARMY LAW 62I The soldier, placed in the same category, who, by instruction acquired prior to his entrance into the service and by that re- ceived with (he colors, fulfils all tbe conditions required after six months, at dates fixed by the minister of war and before the expiration of the year can be sent to his home upon the unat- tached list, in accordance with the following article. 42. The young men who, after the time of service pre- scribed by articles 40 and 41, are not kept with the colors re- main in their homes on the unattached list of the active army and at the disposal of the minister of war. They are by a regulation of the minister of war subject to reviews and drills. TITLE V. OF ENLISTMENTS^ ItE-ENLISTMENTS AND CONDITIONAL ENLISTMENTS. Section III. Of conditional enlistments for one year. 53. The young men who have obtained the diplomas of bachelors of letters, bachelors of science, the diplomas of completion of studies or certificates of capacity established by articles 4 and 6 of the law of June 21, 1865 ; those who make up part of the central school of arts and manufactures, the na- tional schools of arts and crafts, the national schools of fine arts, the Conservatory of Music; the pupils of the national veterinary schools and the national schools of agriculture; the day-scholars of the school of mines, the school of "bridges and roads, the school of naval engineering and the pupils of the Saint Stephen school of miners, before the drawing of the lot, when they present the certificates of studies designated by a regulation inserted in the Bulletin of the Laws, are allowed to contract conditional enlistments in the array for one year, according to the mode prescribed by the said reg- ulation. 54.- Independently of the young men indicated in the jre- ceding article, those who meet one of. the examinations re- ^ quired by the different programs prepared by the minister of war and approved by decrees rendered in the form of public administrative regulations are allowed before the drawing of the lot to contract a similar engagement. 622 OVERTHROW OP THIERS SS. The volunteer enlisted for one year is clothed, mounted, equipped and supported at his own expense. However, the minister of war can exempt from all or part of the obligations prescribed in the preceding paragraph the young men who have given in their examination proofs of capacity and who prove in the forms prescribed by the reg- ulation that it is impossible for them to meet the expenses resulting from these obligations. 129. Documents upon the Overthrow of Thiers. During the latter part of 1S72 Thiers alienated many members of the National Assembly who had at first supported him. All the monarchists were offended by his announcement that in his opin- ion the time had come when the question of the definitive form of government should be settled and that the Republic was the form which ought to be adopted. Some conservative republicans were offended at his refusal to use his presidential authority for the repression of the radical republican agitation going on in the country. These documents show how the two groups by combining forces brought about the overthrow of Thiers. They also show the precise issues raised and something of the attitudes to- wards them. Document A was presented by the monarchists. Document B is Thiers' reply to document A. The scheme of gov- ernment which is brought forward should be compared with the later Constitutional Laws (see No. 133). Document C is the proposition upon which the voting occurred. It was adopted, 360 to 345. Document D was read in the National Assembly to ex- plain the votes east by the fifteen conservative republicans who signed it. Document E was issued by the radical republicans after the resignation of Thiers. Gambetta wa.s its author. References. Seignobos, Europe Since ISU, 196-197 ; Andrews, Modern Europe, II, 351-352 ; Hanotaux, Contemporary France, I, 022-652 ; Simon, The Oovernnient of Thiers, II, 424-465 ; Lavisse and Eambaud, Histoire Q-enerale, XII, lG-13. A. The De Broglie Interpellation. May 19, 1873. Journal OfUciel, May 20, 1873 (Vol. 1873, 3204). The undersigned, convinced that the gravity of the situation requires at the head of affairs a, cabinet whose firmness re- assures the country, ask to interpellate the ministry upon the late alterations which have just been effected in their body and upon the necessity of causing to prevail in the Government a resolutely conservative policy. OVERTHROW OF THIERS 623 They propose to fix upon Friday as the day for the dis- cussion of this interpellation. B. The Government Proposals. May ig, 1873. Journal OMciel, May 20, 1873 (Vol. 1873, 3208-3209). Project of Law. 1. The Government of the Republic is composed of a Senate, a Chamber of Representatives, and a President of the Republic, head of the executive power. 2. The Senate is formed out of 265 members, French cit- izens at least thirty-five years of age and enjoying all their civil, political and family rights. The Chamber of Representatives is formed out of 537 members, French citizens, at least twenty-five years of age and enjoying all their civil, political and family rights. The President of the Republic must be at least forty years of age and must enjoy all his civil, political and family rights. 3. The Senate is selected for ten years and is renewed by a fifth every two years. The Chamber of Representatives is selected for five years, and is renewed as a body after the fifth year. The President of the Republic is selected for five years ; he can be re-elected. 4. Each of the eighty-six departments of France selects three senators ; the territory of Belfort, the departments of Algeria, the islands of Reunion, Martinique and Guadeloupe each elect one. The election is made by the direct vote of the electors of the department, territory or colony, and by scrutin de liste for the departments of France. 5. Only the following can be elected to the position of senator : 1st. The members of the Chamber of Representatives ; 2d. The former members of the Legislative Assemblies ; 3d. The ministers and former ministers; 4th. The members of the Council of State, of the court of c-assation and of the court of accounts ; 5th. The presidents and former presidents of the general councils ; ' 6th. The members of the Institute; 624 OVERTHROW OF THIERS 7th. The appointed members of the superior council of commerce, agriculture and industry; 8th. The cardinals, archbishops and bishops ; 9th. The presidents of the two consistories of the con- fession of Augsburg which count the greatest number of electors and of the twelve consistories of the reformed relig- ion which count the greatest number of electors; loth. The president and the grand rabbi of the central consistory of the Israelites of France ; nth. The marshals and generals of division and the ad- mirals and vice-admirals in active service or upon *he reserve list, the governors of Algeria and of the three great colonies who have exercised these functions for five years ; I2th. The prefects in active service ; 13th. The mayors of cities of over loo.coo souls; 14th. The functionaries who for two years have filled the positions of directors in the central administrations of the ministries ; 15th. The retired magistrates who have belonged to the court of cassation or to the court of appeals, or who have filled the position of president of a civil tribunal. 6. The eligibles designated in paragraphs i, 4 and 12 of the preceding article shall declare within the fifteen days which shall follow the elections whether they intend to accept the position of senator. Their silence shall be equivalent to a refusal ; their acceptance shall entail ipso facto their resig- nation from the posts which they occupy. 7. Each of the 362 districts of France, including therein the territory of Belfort, selects one representative. Never- theless, the district whose population exceeds 100,000 inhab- itants shall elect as many representatives as it ' shall have times 100,000 inhabitants, every supplementary fraction count- ing as ioo,o<8Q inhabitants. The apportionment cannot be altered except in virtue of the quinquennia] census of the population and tbrough a law. Two representatives are assigned to each of the depart- ments of Algeria and one to each of the six colonies of Reunion, Martinique, Guadeloupe, Senegal, Guiana aad French India. 8. The election of the representatives is made by the OVERTHROW OP THIERS 625 direct vote of all the electors of the district. The district which shall have several representatives to select shall be divided into as many sections as it shall have representatives. The sections shall be formed by agglomerations of cantons. They cannot be established or modified except by a law. 9. The President of the Republic is selected by a congress composed of: ist, the members of the Senate; 2d, the members of the Chamber of Representatives ; 3d, a delegation of three members designated by each of the general councils of France and of Algeria in their annual session in the month of August. This congress shall be presided over by the president of the Senate. ; 10. When there shall be occasion to select the President of the Republic, the president of the Senate, within eight days, shall convoke the senators, the representatives and the designated councillors-general. The interval until *he meeting cannot exceed fifteen days. The President of the Republic shall be selected by majority of the votes. The president of the Senate shall give notice of the selec- tion to the President of the Republic elect and to the pres- ident of the Chamber of Representatives. ATTRIBUTES OF THE PUBLIC AUTHORITIES. 11. The initiative for laws belongs to the two Chambers and to the President of the Republic. The two Chambers share equally in the making of the laws. Nevertheless, tax-laws are submitted first to the Chamber of Representatives. The Senate can be constituted into a court of justice in order to try prosecutions for responsibility against the Pres- ident and the ministers and the generaJs-in-chief of the army and navy. 12. Each of the Chambers is the judge of the eligibility of its members and of the regularity of their election ; it alone can receive their resignations. 13. The senators and the representatives shall not be questioned, accused or tried at any time for the opinions which they ishall have expressed in the Chamber to which they belong. 626 OVERTHROW OF THIERS They cannot be arrested for criminal matters, saving the case of flagrante delicto, nor prosecuted until after the Cham- ber to which they belong has authorised the prosecution. 14. The President of the Republic promulgates the laws when they have been voted by the two Chambers. He looks after and assures the execution of them. He negotiates and ratifies treaties. No treaty is definitive until after it has been approved by the two Chambers. He has the right to pardon ; amnesties can be granted only through a law. He disposes of the armed force, without authority to com- mand it in person. He presides at the national solemnities; the envoys and ambassadors of foreign powers are accredited to him. The President of the Republic and the ministers, taken either individually or collectively, are responsible for the acts of the Government. 15. When the President of the Republic shall be of the opinion that the interest of the country requires the renewal of the Chamber of Representatives before the normal ex- piration of its powers, he shall ask of the Senate the author- isation to dissolve it. This authorisation cannot be given ex- cept in secret committee and by majority of votes. It must be given within a space of eight days. The electoral colleges must be convoked within the three days which shall follow the notification made to the President of the Republic of the affirmative vote of the Senate. Temporary Provisions. 16. When the National Assembly shall have determined by a vote the date at which it will separate, the President of the Republic shall convoke the electoral colleges for the election of the representatives and ultimately for the election of the senators in such a manner that the two Chambers can constitute themselves upon the same day with the dissolution. The powers of the President of the Republic ' shall con- tinue until the notification of the congress which shall have elected the new President. The President of the Republic, A. Thiers. THE WHITE FLAG LETTER 627 C. The Ernoul Order of the Day. May 24, 1873. Journal Officiel, May 25, 1873 (Vol. 1873, 3316). The National Assembly, Considering that the form of the Government is not in discussion; that the Assembly is in posisession of the con- stitutional laws presented in virtue of one of its decisions, and that it ought to examine them; but that, from to-day, it is important to reassure the country by causing to prevail in the Government a resolutely conservative policy, regrets that the recent ministerial alterations have not given to the con- servative interests the satisfaction vvfhich they had the right to expect, and passes to the order of the day. D. The Target Declaration. May 24, 1873. Journal OfUciel, May 25, 1873 (Vol. 1873, 3315). In the name of my colleagues, vifhose names follow, I have the honor to declare, in order to define precisely the idea and bearing of our votes, that, in associating ourselves together upon the order of the day, we all declare ourselves resolved to accept the republican solution such as results from the totality of the constitutional laws presented by the Government, and to put an end to the provisional government which com- promises the material interests of the country. We intend, in adopting this order of the day [i. e. Ernoul's], to express the idea that the Government of the President of the Republic henceforth ought to cause to prevail by its acts a clear and res- olutely conservative policy. ' E. Manifesto of the Extreme Left. May 24, 1873. The Times (London), May 25, 1873. The members of the Extreme Left, while recognizing the gravity of the present state of affairs, are convinced that they have the country at their back, and are unanimously of opinion that with coolness and vigilance they will be able to avert all danger. They declare that there exist in the Assembly the necessary elements for tiie formation of a majority capable of withstanding the Government in any reactionary attempts. 130. The White Flag Letter. October 27, 1S73. Tranelation, The Times (London), October 31, 187.';. This document throws light upon the most serious attempt 628 THE WHITE FLAG LETTER after 1870 to re-establish monarchy in France. A fusion of the Ijegitimist and Orleanist forces having been arranged by mutual agreement, the election of the Count of Chambord seemed almost a certainty. To get favorable action from the National Assembly, however, it was necessary that there should be agreement as to a constitution and a flag. At a time when the fusionists in the National Assembly believed that these matters had been satis- factorily arranged, including the adoption of the tri-color, the Count of Chambord astonished and disconcerted his supporters by publishing this letter. It made impossible his election, and there- by prevented the re-establishment of monarchy. If carefully stud- ied the document will reveal, back of its vague and figurative lan- guage, the reasons why tha Count of Chambord could not accept the kind of position which his election by the National Assembly would have entailed. Ebfeeences. Seignobos, Europe Since ISI4, 199-200 ; Andrews, Modern Europe, II, 353 : Coubertin, Evolution of France under the Third KepuNic, 37-41 ; Lavisse and Eambaud, Histoire Oener- ale, XII, 13-14. Salzburg, Oct. 27. Sir, — I have preserved so pleasant a recollection of your visit to Salzburg, I have conceived so great an esteem for your noble character, that I do not hesitate to address myself to you as frankly as you ca-me to me. For many long hours you spoke with me of the destinies of our well-beloved country, and I know that on your return you uttered to your colleagues words which will earn you my eternal gratitude. I thank you for having so well understood the anguish of my heart, and for not having concealed the firmness of my decisions. I was not affected when public opinion, carried away by a current which I deplore, alleged that I at last consented to become the Legitimist King of a Revolution. I possessed as my security the testimony of a man of feeling; I resolved to remain silent so long as I was not compelled to make an appeal to your honesty; but as, notwithstanding your eflforts, misapprehensions accumulate which tend to obscure my pol- icy, though it is as clear as the day, I owe the whole truth to that country which, however it may misunderstand me, yet believes me sincere, knowing that I have never deceived it and never will. I am asked now to sacrifice my honour. What can I reply, but that I retract nothing and curtail nothing of my previous declarations? The claims of yester- day give me the measure of what would be exacted of me on the morrow, and I cannot consent to inaugurate a repar- THE WHITE FLAG LETTER 62p ative and strong reign by an act of weakness. People some- times contrast the firmness of Henri V with the abihty of Henri IV. "The passionate love w'hich I bear my subjects,'' said Henri IV, "makes everything honourable for cne that is possible." On that point I will concede him nothing; but I should like to know what lesson would have been taught any one imprudent and venturesome enough to persuade him to renounce the standard of Arques and Ivry? You belong, sir, to the province where he came into existence, and you will be, with me, of opinion that he would speedily have disarmed his interlocutor by saying with his Beam vigour, "My friend, take my White Flag ; it will always lead you to the path of honour and victory." I have been accused of not holding the valour of our soldiers in suflSciently high esteem, and this at a moment when I do but aspire to confide to them all that I hold most dear. Is it, then, forgotten that honour is the common patrimony of the House of Bourbon and the French army, and that on that point a misunderstanding is impossible between them? No, I do not ignore any of my country's glories, and God alone, in the depth of my exile, has seen the tears of gratitude I have shed each time that the children of France, whether in good or evil fortune, have shown theimselves worthy of her. But we havie a great work to accomplish together. I am ready — quite ready — to undertake it when so desired — to-morrow, this evening, this moment. This is why I wish to remain entirely as I am. Enfeebled to-day, I should be powerless to-morrow. The issue at stake is none other than that of reconstructing society, deeply disturbed, upon its natural bases ; of energetically en- suring the reign of law and order, of restoring prosperity at home, conclvfding lasting alliances abroad, and, especially, of not fearing to employ force in the service of order and justice. They speak of conditions ! were any required of me by that young Prince whose honest embrace I experienced with so much happiness, and who, listening only to the dictates of his patriotism, came spontaneously to me, bringing me in the name of all 'his family assurances of peace, devotedness, and reconciliation? They wish for guarantees! were any asked of that Bayard of modern times on that memorable night when they imposed upon his modesty the glorious mission of 630 LAW OF THE SEPTENNATB iranquilizing his country by one of those words of an honest man which reassure the good and make the wicked tremble? I, it is true, have not borne, as he did, the sword of France on twenty battlefields ; but for forty-three years I have pre- served intact the sacred deposit of our traditions and our liberties. I have, therefore, a right to reckon upon equal con- fidence, and I ought to inspire the same sense of security. My personality is nothing; my principle is everything. France will see the end of her trials when she is willing to under- stand this. I am a necessary pilot, the only one capable of guiding the ship to port, because I have for that a mission of authority. You, sir, are able to do much to remove mis- understandings and prevent weaknesses in the hour of strug- gle. Your consoling words on lea/ving Salzburg are ever present to my mind. France cannot perish, for Christ still loves His Franks ; and when God has resolved to save a people, He takes care that the sceptre of justice is only put into hands strong enough to hold it. 131. Law of the Septennate. November 20, 1873. Duvergier, Lois, LXXIII, 363-368. This law was enacted after the failure of tlie attempt to re- store mouarchy. (See No. 130.) Opposed by the two extremes, it was passed by a combination of centre groups, each group vot- ing for it out of motives peculiar to itself. The document should be studied in connection with No. 124, as it became with what was carried over from them a sort of provisioual constitution. Kbff-iiences. Seignobos, 'Europe Since ISH, 200 ; Andrews, ilodtrn Europe, II, 353-354 ; Bodley, France, I. 281 ; Lavisse and Eambaud, Ifistoire Generale, XII, 14-15. 1. The executive power is entrusted for seven years to Marshal de MacMahon, Duke of Magenta, dating from the promulgation of the present law ; this power shall continue to be exercised with the title of President of the Republic and under the existing conditions until the modifications which may be effected therein by the constitutional laws. 2. Within the three days which shall follow the pro- mulgation of the present law, a commission of thirty members shall be selected, in public and by scnitin de liste, for the examination of constitutional laws. ESTABLISHMENT OF THE REPUBLIC 63I 132. Documents upon the Establishment of the Republic. These documents, with those alhided to in them, show the man- ner in which the Third Republic became definitively established. The first two show the status of the matter during 1874. Docu- ment A represents the program of those who desired that the Re- public should be proclaimed at once ; document B, that of their opponents. The ditterence between the two should be carefully noted and each should be compared with what was finally adopted (No. 133). The National Assembly was unable to come to a decision upon the issue presented by the two documents. It re- jected document; A after having once given it an indirect sanction, but it did not adopt the positive program of document B. When the Assembly met again in January, 1875, the republicans finally succeeded in accomplishing indirectly what they had failed to do directly. This was done by amending document B. Several amendments only slightly different in meaning were offered and beaten. Document C is a type of these amendments. Document D, the amendment finally secured, was passed by a vote of 353 to 352. The difference in meaning between document C and D should be carefully noted, and likewise the character of the change effected in document E through the adoption of the amendment. Eefeeences. Seignobos, Europe Since ISU, 200-201 ; Andrews, Modern Europe, II, 354-356 ; C. F. A. Currier, Annals of the Ainetican Academy of Political and Social Science, Supplement, March, 1893, 20-32 ; Lavisse and Hambaud, Histoire Oenerale, XII, IG-IS. A. The Casimir-Perier Proposal. June IS, 1874. Journal OfUciel, June 16, 1874 (Vol. 1874, 40S0). The National Assembly, wishing to put an end to the anxieties of the country, adopts the following resolution : The commission upon the constitutional laws shall take as the basis of its labors upon the organization and transmission of the public powers : 1. Article i of the project of law deposited May 19, 1873, thus expressed : "The Governnlent of the French Republic is composed of two Chambers and of a President, head of the executive power;" 2. The law of November 20, 1873, by which the Pres- idency of the Republic has been entrusted to M. Marechal de MacMahon until November 20, 1880; 3. The consecration of the right of partial or total re- vision of the Constitution, in the forms and at the dates which the constitutional law .shall determine. B. The Ventavon Proposal. July 15, 1874. Journal OfRciel, July 16, 1874 (Vol. 1874, 4955). 632 ESTABLISHMENT OF THE REPUBLIC The commission has the honor tO' propose to you : in the first place, to reject the proposal of M. Casimir-Perier upon which urgency has been declared ; in the second place, to vote in the form of the rule the following articles of the constitutional law : 1. Marshal de MacMahon, President of the Republic, con- tinues to exercise with that title the executive authority with which he is invested by the law of November 20, 1873. 2. He is responsible only in the case of high treason. The ministers are collectively responsible before the Cham- bers for the general policy of the Government, and individually for their personal acts. 3. The legislative power is exercised by two Assemblies : the Chamber of Deputies and the Senate. The Chamber of Deputies is selected by universal suffrage, under the conditions determined by the electoral law. The Senate is composed of members elected or appointed in the proportions and under the conditions which shall be reg- ulated by a special law. 4. The Marshal President of the Republic is invested with the right to dissolve the Chamber of Deputies. In that case, a new election shall be proceeded with within the space of six months. 5. At the expiration of the term fixed by the law of November 20, 1873, as in case of vacancy of the presidential authority, the council of ministers immediately convokes the two Assemblies which, met in congress, decide upon the measures to be taken. During the continuance of the powers entrusted to Marshal de MacMahon, revision of the constitutional laws can be made only upon his proposal. C. The Proposed Laboulaye Amendment. January 28, 1875. Journal OMciel, January 29, 1875 (Vol. 1875, 768-769). The Government of the Republic is composed of two Chambers and of a President. D. The Wallon Amendment. January 29-30, 1875. Jo-urnal OfUciel, January 30, 1875 (Vol. 1875, 798). The President of the Republic is elected by the plurality of the votes by the Senate and by the Chamber of Deputies met in National Assembly. He is selected for seven years. He is re-eligible. THE CONSTITUTIONAL LAWS 633 133. The Constitutional Laws and Amendments. Translations, C. F. A. Currier, Supplement to the Annals of the American Academy of Political and Social science, March, 1893, 42- 50. Tliese documents taken together constitute the present writteu constitution of France. Their real character may be best brought out by a series of comparisons. (1) They should be compared with the constitutions which created some of the preceding gov- ernments of France, particularly those of 1830 (No. 105) and 1848 (No. 110) for the preceding parliamentary rSgime and the preceding republic. (2) A comparison with a typical written con- stitution such as the American federal constitution will empha- size one characteristic feature. (3) By compiaring the scheme of government with the actual government of England other Im- portant characteristics will be revealed. Eeferbnces. Seignobos, Europe Since 181!,, 202-204 ; Lowell, Governments and Parties in Continental Europe, I, 11-14 ; Bodley, France, I, 263-270 ; Coubertin, Evolution of France under the Third Republic, 53-61 ; Lavisse and RambAud, Histoire Q-enerale, XII, 19-21. A. Law upon the Organization of the Senate. February 24, 1875. Duvergier, Lois, LXXV, 54-62. 1. The Senate consists of three hundred members : Two hundred and twenty-five elected by the departments and colonies, and seventy-five elected by the National Assem- bly, 2. The departments of the Seine and of the Nord elect each five senators. The following departments elect four senators each : Seine-Inferieure , Pas-de-Calais, Gironde, Rhone, Finistere, C6tes-du-Nord. The following departments elect three senators each : Loire-Inferieure, Saone-et-Loire, Ille-et-Vilaine, Seine-et-Oise, Isere, Puy-de-D6me, Somme, Bouches-du-Rhone, Aisne, Loire, Manche, Maine-et-Loire, Morbihan, Dordogne, Haute-Garonne, Charente-Infcrieure, Calvados, Sarthe, Herault, Bas,ses-Pyr- enees, Gard, Aveyron, Vendee, Orne, Oise, Vosges, Allier. All the other departments elect two senators each. The following elect one senator each : the territory of Bel- fort, the three departments of Algeria, the four colonies : Mar- tinique, Guadeloupe, Reunion and the French Indies. 3. No one can be senator unless he is a French citizen, forty years of age at least, and enjoying civil and political rights. 634 "^^^ CONSTITUTIONAL LAWS 4. The senators of the departments and colonies are elected by an absolute majority and by scnitin de liste, by a college meeting at th« capital of the department or colony and com- posed : 1st, of the deputies; 2d, of the general councillors ; 3d, of the arrondissement councillors; 4th, of delegates elected, one by each municipal council, from among the voters of the commune. In the French Indies the members of the colonial council or of the local councils are substituted for the general coun- cillors, arrondissement councillors and delegates from the municipal councils. They vote at the capital of each district. 5. The senators chosen by the Assembly are elected by scrutin de liste and by an absolute majority of votes. 6. The senators of the departments and colonies are elected for nine years and renewable by thirds every three years. At the beginning of the first session the departments shall be divided into three series containing an equal number of senators each. It shall be determined by lot which series shall be renewed at the expiration of the first and second triennial periods. 7. The .senators elected by the Assembly are irremovable. Vacancies by death, by resignation, or for any other reason, shall, within the space of two months, be filled by the Senate itself. 8. The Senate has, concurrently with the Chamber of Dep- uties, the initiative and passing of laws. Money bills, how- ever, must first be introduced in, and passed by the Chamber of Deputies. 9. The Senate may be constituted a Court of Justice to judge either the President of the Republic or the Ministers, and to take cognizance of attacks made upon the safety of the State. 10. Elections to the Senate shall take place one month before the time fixed by the National Assembly for its own dissolution. The Senate shall organize and enter upon its duties the same day that the National Assembly is dissolved. THE CONSTITUTIONAL LAWS 635 II. The present law shall be promulgated only after the passage of the law on the public powers. B. Law upon the Organization of the Public Powers. February 25, 1875. Duvergier, Lois, LXXV, 42-53. 1. The legislative power is exercised by two assemblies : the Chamber of Deputies and the Senate. The CSiamber of Deputies is elected by universal suffrage, under the conditions determined by the electoral law. The composition, the method of election, and the powers of the Senate shall be regulated by a special law. 2. The President of the Republic is chosen by an absolute majority of votes of the Senate and Chamber of Deputies united in National Assembly He is elected for seven years. He is re-eligible. 3. The President of the Republic has the initiative of the laws, concurrently with the members of the two Chambers. He promulgates the laws when they have been voted by the two Chambers ; he looks after and secures their execution. He has the right of pardon ; amnesty can be granted by law only. He disposes of the armed force. He appoints to all civil and military positions. He presides over national festivals ; envoys and ambassadors of foreign powers are accredited to him. Every act of the President of the Republic must be coun- tersigned by a minister. 4. As vacancies occur on and after the promulgation of the present law, the President of the Republic appoints, in the Council of Ministers, the Councillors of State in ordinary ser- vice. The Councillors of State thus chosen may be dismissed only by decree rendered in the Council of Ministers. The Councillors of State chosen by virtue of the law of May 24, 1872, cannot, before the expiration of their powers, be dismissed except in the manner determined by that law. After the dissolution of the National Assembly, revocation may be pronounced only by resolution of the Senate. 5. The President of the Republic may, with the advice of the Senate, dissolve the Chamber of Deputies before the legal expiration of its term. 636 THE CONSTITUTIONAL, LAWS In that case the electoral colleges are summoned for new elections within the space of three months. 6. The Ministers are jointly and severally (solidairement) responsible to the Chambers for the general policy of the gov- ernment, and individually for their personal acts. The President of the Republic is responsible in case of high treason only. 7. In case of vacancy by death or for any other reason, the two Chambers assembled together proceed at once to the election of a new President. In the meantime the Council of Ministers is invested with the executive power. 8. The Chambers shall have the right by separate resolu- tions, taken in each by an absolute majority of votes, either upon their own initiative or upon the request of the President of the Republic, to declare a revision of the Constitutional Laws necessary. After each of the two Chambers shall have come to this de- cision they shall meet together in National Assembly to pro- ceed with the revision. The acts effecting revision of the constitutional laws, in whole or in part, must be by an absolute majority of the mem- bers composing the National Assembly. During the continuance, however, of the powers conferred by the law of Noverabef 20, 1873, upon Marshal de MacMahon, this revision can take place only upon the initiative of the President of the Republic. 9. The seat of the Executive Power and of the two Cham- bers is at Versailles. C. Law upon the Relation of the Public Powers. July 16, 1875. Duvergier, Lois, LXXV, 250-255. I. The Senate and the Chamber of Deputies shall assemble each year the second Tuesday of January, unless convened earlier by the President of the Republic. The two Chambers continue in session at least five months each year. The sessions of each begin and end at the same time. On the Sunday following the opening of the session, public prayers shall be addressed to God in the churches and tem.- ples, to invoke His aid in the labors of the Chambers. THE CONSTITUTIONAL LAWS 637 2. The President of the RepubHc pronounces the closure of the session. He may convene the Chambers in extra session. He must convene them if, during the recess, an absolute ma- jority of the members of each Chamber request it. The President may adjourn the Chambers. The adjourn- ment, hovifever, must not exceed one month, nor take place more than twice in the same session. 3. One month at least before the legal expiration of the powers of the President of the Republic, the Chambers must be called together in National Assembly and proceed to the election of a new president. In default of a summons, this meeting shall take place, as of right the fifteenth day before the expiration of those pow- ers. In case of the death or resignation of the President of the Republic, the two Chambers shall reassemble immediately, as of right. In case the Chamber of Deputies, in consequence of Article S of the law of February 25, 1875, is dissolved at the time when the presidency of the Republic becomes vacant, the elec- toral colleges shall be convened at once, and the Senate shall reassemble as of right. 4. Every meeting of either of the two Chambers which shall be held at a time other than the common session of both is illegal and void, except the case provided for in the preceding article, and that when the Senate meets as a court of justice; and in this last case, judicial duties alone shall be performed. 5. The sittings of the Senate and of the Chamber of Depu- ties are public. Nevertheless each Chamber may meet in secret session, upon the request of a fixed number of its members, determined by the rules. It decides by absolute majority whether the sitting shall be resumed in public upon the same subject. 6. The President of the Republic communicates with the Chambers by messages, which are read from the tribune by a Minister. The Ministers have entrance to both Chambers, and must be heard when they request it. They may be represented, for 638 THE CONSTITUTIONAL LAWS the discussion of a specific bill, by commissioners designated by decree of the President of the Republic. 7. The President of the Republic promulgates the laws within the month following the transmission to the Government of the law finally passed. He must promulgate, within three days, laws whose promulgation shall have been declared urgent by an express vote in each Chamber. Within the time fixed for promulgation the President of the Republic may, by message with reasons assigned, request of the two Chambers a new discussion, which cannot be re- fused. 8. The President of the Republic negotiates and ratifies treaties. He communicates them to the Chambers as soon as the interests and safety of the State permit. Treaties of peace, and of commerce, treaties which involve the finances of the State, those relating to the persons and property of French citizens in foreign countries, shall be- come definitive only after having been voted by the two Cham- bers. No cession, no exchange, no annexation of territory shall take place except by virtue of a law. 9. The President of the Republic cannot declare war except by the previous assent of the two Chambers. 10. Each Chamber is the judge of the eligibility of its mem- bers, and of the legality of their election; it alone can receive their resignation. 11. The bureau of each Chamber is elected each year for the entire session, and for every extra session which may be held before the ordinary session of the following year. When the two Chambers meet together as a National As- sembly, their bureau consists of the President, Vice-Presidents and Secretaries of the Senate. 12. The President of the Republic may be impeached by the Chamber of Deputies only, and tried by the Senate only. The Ministers may be impeached by the Chamber of Dep- uties for offences committed in the performance of their duties. In this case they are tried by the Senate. The Senate may be constituted a Court of Justice, by a decree of the President of the Republic, issued in the Council THE CONSTITUTIONAL LAWS 639 of Ministers, to try all persons accused of attempts upon the safety of the State. If procedure is hegun by the ordinary courts, the decree convening the Senate may be issued any time before the grant- ing of a discharge. A law shall determine the method of procedure for the ac- cusation, trial and judgment. 13. No member of either Chamber shall be prosecuted or held responsible on account of any opinions expressed or votes cast by him in the performance of his duties. 14. No member of either Chamber shall, during the session, be prosecuted or arrested for any offence or misdemeanor, except on the authority of the Qiam.ber of which he is a mem- ber, unless he be caught in the verj' act. The detention or prosecution of a member of either Chamber is suspended for the session, and for its [the Chamber's] entire term, if it demands it. D. Amendment upon the Seat of Government. June 21, 1879. Duvergier, Lois, LXXIX, 213-227. Article 9 of the constitutional law of February 25, 1875, is repealed. E. The Amendments of 1884. August 14, 1884. Duver- gier, Lois, LXXXIV, 240-250. 1. Paragraph 2 of Article 5 of the constitutional law of February 25, 1875, on the Organization of the Public Powers, i's amended as follows : "In that case the electoral colleges meet for new elections within two months, and the Chambers within the ten days following the close of the' elections.'' 2. To Paragraph 3 of Article 8 of the same law of Febru- ary 25, 187s, is added the following: "The Republican form of the Government cannot be made the subject of a proposed revision. "Members of families that have reigned in France are in- eligible to the presidency of the Republic." 3. Articles i to 7 of the constitutional law of February 24, 187s, on the Organization of the Senate, shall no longer have a constitutional character. 4. Paragraph 3 of Article i of the constitutional law of July 16, 187s, on the Relation of the Public Powers, is repealed. 640 THE 16TH OF MAY CRISIS 134. Documents upon the 16th of May Crisis. From these documents much may be learned about the real nature of the famous ICth of May crisis. The acceptance of the resigiiation virtually asked for in document A and offered in doc- ument B led to the adoption by the Chamber of Deputies of doc- ument C. It was presented by Gambetta as that agreed upon by all the groups of the republican majority and was passed 347 to 149. In consequence, JIacilahon first adjourned the Chamber of Deputies for a month and then, with the consent of the Senate, dissolved it. The remaining documents, except the last, are in- tended to give an idea of the vigorous and acrimonious electoral campaign which followed. In the manifestoes of MacMahon spec- ial attention should be given to the list of the achievements of his government, his explanation of the issues involved, and what is announced or implied as to the future. Documents D and F are both the work of Gambetta. Their analysis of the situation from the republican standpoint and their list of administrative measures for influencing the elections should be carefully noted. The electi-ns were an overwhelming victory for the republicans. Document H shows how MacMahon accepted the result. EErEEEXCES. Seignobos, Europe Since 181i, 205-207 ; Andrews, Modern Europe, 356-357 ; Coubertin, Evolution of France under the Third RevwUic, 61-74 ; Bodley, Prance, I, 286-291 ; Lavisse and Rambaud, Ilistoire Oenerale, XII, 23-28. A. Letter of MacMahon to Simon. May 16, 1877. lourtuil OfUciel, May 17, 1877 (Vol. 1877, 3689-3690). Mr. President of tlie Council, I have just read in the Journal OKciel the report of the sitting of yesterday. I have seen vi'ith surprise that neither you nor Mr. Keeper of the Seals urged from the tribune all the weighty reasons which possibly might have prevented the abrogation of a law upon the press, voted less than two years ago upon the propos- al of M. Dufaure and the application of which you yourself very recently asked of the tribunals ; and moreover, in several meetings of the Council, and even in that of yesterday it had been decided that the President of the Council, as well as the Keeper of the Seals, should be charged with combating it. Already there was occasion for astonishment that the Chamber of Deputies, in its late sittings, should have discussed an entire municipal law, and even adopted some provisions, of which in the council of ministers you yourself have thor- oughly recognized the danger, such as the publicity of the municipal councils, without the Minister of the Interior having taken part in the discussion. THE IBTH OF MAY CRISIS 64I This attitude of the head of the cabinet raises the question whether he has kept in the Chamber the influence necessary to make his views prevail. An explanation in this matter is indispensable, for if I am not responsible as you are to the Parliament, I have a responsibility to France, with which, to-day more than ever, I must be preoccupied. Accept, Mr. President of the Council, assurance of my highest consideration. The President of the Republic, Marshal de MacMahon, B. Letter of Simon to MacMahon, May 16, 1877. Trans- lation, The Times (London), May 17, 1877. In view of the letter you have thought fit to write to me, I feel myself bound to hand you my resignation of the func- tions you were good enough to confide to me. I am obliged, however, at the same time to tender explanations on two points. You regret, M. le Marechal, that I was not present on Saturday in the Chamber, when the first reading of the Bill on Municipal Councils was discussed. I regretted it also ; I was detained at Paris by indisposition ; but the ques- tion of the publicity of the sittings was only to have been discussed on the second reading. I had come to an agreement on this point with M. Bardouy. M. Perras's amendment, which passed, took the Assembly unawares, and I had an appoint- ment with the Committee on Friday morning to try and make it reverse its decision before entering on the debate in the Chamber. All this is known to everybody. As to the Bill on the Press, M. le Marechal, you will be good enough to remember that my objections related solely to the case of foreign Sovereigns. I had always explained myself in this sense, as you yourself must remember at yesterday morning's Council. I repeated my reservations before the Chamber. I abstained from elaborating them for reasons which every- body knew and approved. As to the rest of the Bill, I was in agreement with the Committee. You will understand, M. le President, the motive which leads me to enter into these details. I have to define my position in a distinct manner at the moment of my quitting the Council. I scarcely ven- 21 642 THE 16TH OF MAY CRISIS ture to add — though as a citizen, and no longer as a Minister — that I earnestly desire to be succeeded by a man belonging, like myself, to the Conservative Republican Party. For five months it has been my function to give my advice, and the last time I have the honour of writing to you I allow myself ■ to express a wish which is solely inspired by my patriotism. Pray accept, M. le Marechal, the homage of my respect. C. Order of the Day. May 17, 1877. Journal OfUciel, May 18, 1877 (Vol. 1877, 3744). The Chamber, Considering that it is important in the present crisis and in order to fulfill the commission which it has received from the country, to recall that the preponderance of the parlia- mentary power, exercised through ministerial responsibility, is the first condition of the government of the country by the country, the establishment of which the constitutional laws have had for their purpose ; Declares that the confidence of the majority can be acquired only by a cabinet free in its action and resolved to govern ac- cording tO' republican principles, which alone can guarantee order and prosperity within and peace without. And passes to the order of the day. D. Manifesto of the Left. About May 20, 1877. Trans- lation, The Times (London), May 21, 1877. Dear Fellow-Citizens,— A Decree which has just struck a blow at your representatives is the first act of the new Ministry de Combat, which aspires to hold in check the will of France. The Message of the President of the Republic leaves no doubt as to the intentions of his counsellors. The Chamber is adjourned for a month, till the Decree to dissolve it is obtained from the Senate. A Cabinet , which had never lost the majority in any vote has been dismissed without discussion. The new Ministers knew that if they had allowed Parliament to speak, the day that witnessed their advent would have also witnessed their fall. As it is impossible for us to publicly express our reprobation from the tribune, our first thought is to turn towards you, and tell you, like the Re- publicans of the National Assembly of the 24th of May 1873, that the efforts of the men who have returned to power will be once more powerless. France wishes the Republic. She THE 16TH OF MAY CRISIS 643 said so on the 20th of February, 1876. She will say so again every time she is consulted, and it is because universal suf- frage has to renew this year the Departmental and Communal Councils that it is attempted to stop the expression of the national will, and that the first .step taken is to shut your representatives' mouths ; as, after the 24th of May the nation will show, by its coolness, patience, and resolution, that an incorrigible minority cannot wrest from it its own government. However painful this unexpected trial may be which is dis- turbing the interests, and which might compromise the success of the grand efforts of our industry for the great and pacific Universal Exhibition of 1878, whatever be the national anxiety amid the complications of European politics, France will let herself neither be deceived nor intimidated. She will resist every provocation. The Republican function- aries will remain at their posts and await the decree which separates them from constituencies whose confidence they have. Those of our countrymen who have been called into the Elective Councils of the nation will redouble their zeal and activity, their devotion and patriotism, to maintain the rights and liberties of the country. We sihall enter into direct communication with you. We call upon you to- pro- nounce between the policy of reaction and ventures, which overturns all that six years have 'SO painfully gained — ^the wise and firm, pacific and progressive policy which you have already consecrated. The trial will not be long. In five months at most France will speak; the Republic will issue, stronger than ever, from the popular urns; the Parties of the past will be finally vanquished; and France will be able to face the future with calmness and confidence. E. MacMahon's Manifesto to the French People. Septem- ber 19, 1877. Journal OMciel, September 20, 1877 (Vol. 1877, 6381). MARSHAL DE MACMAHON, PRESIDENT OF THE REPUBLIC, TO THE FRENCH PEOPLE. Frenchmen ! You are about to be called upon to select your representa- tives in the Chamber of Deputies. I do not design to exert any pressure upon your choice, but 1 am bound to dissipate all ambiguity. 644 "^^^ 16TH OP MAY CEISIS It is necessary that you should know what I have done, what I intend to do, and what will be the consequences of that which you are about to do yourselves. This is what I have done : For four years I have maintained peace, and the personal confidence with which foreign sovereigns honor me has enabled me to render more cordial each day our relations with all the powers. At home order has not been disturbed for one moment. Thanks to a policy of conciliation which summoned around me all the men devoted before anything else to the country, the public prosperity, for a moment arrested by our misfor- tunes, has icsumed its advance. The general wealth has in- creased despite our heavy expenses. The national credit has been strengthened. France, peaceable and confident, at the same time has seen her army, always worthy of her, reconstituted upon a new basis. But these great results were in danger of being compro- mised. The Chamber of Deputies, escaping more each day from the leadership of moderate men, and more and more dominated by the avowed leaders of radicahsm, had come to disregard the portion of authority which belongs to me and which I could not allow to be diminished without involving the honor of my name before you and before history. Contesting at the same time the legitimate influence of the Senate, it aimed at nothing less than to substitute for the necessary equilibrium of the powers established by the Constitution the despotism of a new Convention. Hesitation was not permissible. Making use of my constitutional right, upon the advice of the Senate, I dissolved the Chamber of Deputies. Now it is for you to speak. It is said that I wish to overthrow the Republic. You will not believe it. The Constitution is entrusted to my keeping. I shall cause it to be respected. What I expect of you is the election of a Chamber which, raising itself above the competition of parties, will before all else devote itself to the afiairs of the country. At the last elections my name was abused. Among those THE 16TH OF MAY CRISIS 64S who then said that they were my friends many have not ceased opposing me. They will speak to-day of devotion to my person, and allege that they attack only my ministers. You will not be the dupes of that artifice. In order to defeat it, my Government will designate to you from among the candidates those who alone will be authorised to use my name. You will weigh maturely the significance of your votes. Elections favorable to my policy will facilitate the regular progress of the present government. They will strengthen the principle of authority which has been sapped by demagogy; they will assure order and peace. Hostile elections would aggravate the conflict between the public powers, fetter the progress of affairs, keep up the agitation, and France, in the midst of new complications, would become an object of distrust to Europe. As for me, my duty would increase with the peril. I could not obey the summons of demagogy. I could not become the instrument of radicalism nor abandon the post at which the Constitution has placed me. I shall remain to defend, with the support of the Senate, the conservative interests and to energetically protect the faith- ful functionaries who in a difficult moment have not allowed themselves to be intimidated by vain threats. Frenchmen ! I await, with entire confidence, the expression of your sentiments. After so many trials, France desires stability, order and peace. With the aid of God, we shall secure for her these blessings. You will hear the words of a soldier who does not serve any party, any revolutionary or retrograde passion, and who is guided only by love of the fatherland. F. Gambetta's Circular. October 7, 1877, Translation, The Times (London), October 8, 1877. Citizens, — After four long months of suppression of Par- liamentary life entirely taken up with the excesses of admin- istrative pressure, and the most deplorable proceedings 01 official candidateship, after four months, during which the French people, by its admirable patience and the daily proofs 646 THE 16TH OF MAY CRISIS of its sagacity and political maturity, has attracted to cir young Republic the admiration and expressed sympathies of civilized Governments ahd peoples, France at last speaks. She will say in a few days what she thinks of the men of May 16, the allies and protectors of the men of the 2d of December, of the servants of Henry V, and the agents of the Syllabus and the Pope, all sheltered under the electoral patronage of the President of the Republic, doubtless for the better protection of Republican institutions. She will say what she thinks of the personal policy of the Chief of the State, of the aristocratic and retrogressive pre- tensions of the Cabinet presided over by the Due de Broglie. She will say what she thinks of the unjustifiable dissolution of the Republican and Liberal majority which she had en- trusted with the execution of her wishes on the 20th of Feb- ruary, 1876, by nearly five million votes. She will say what she thinks of the fighting Government, of the (jovernment of vexations directed against vendors and hawkers of journals, schoolmasters, office holders, innkeepers, the most insignificant employes — in short, the Government of that miserable war waged against the small ; she will say what she thinks of the pretensions on the part of the Government to impose on her for another three years functionaries of all kinds, in flagrant hostility to all the men elected by the country ; she will say what she thinks of the projects and plots of this coalition of Monarchists, who prepare for her, at the close of three years of intestine conflicts and divisions, in 1880 a terrible crisis, perhaps a revolution; she will say what she thinks of that unclean press which can, without incurring pun- ishment, appeal to brute force against the men elected by uni- versal suffrage, and can insult our valiant and noble army, now the elite of the nation and the highest hope of the country. She will say what she thinks of the policy inaugurated by the letter of May 16, which dismissed the Republican Ministry, of the Order of the Day to the troops at the review of July 2, of the Presidential Message of September 19, of all that system of government which the Chief of the Executive Powers vindicates as a right prior to the Constitution. France will say, also, that she, favouring equity and democ- racy, wishes for the Repubhc, as the Government necessary THE 16TH OF HAY CRISIS 647 for her restoration and her greatness. She will say that she intends to make an end of anarchy and dictatorships, to carry out by peaceful measures the French Revolution, by develop- ing by national education the intelligence of her children, by securing by peace at home and abroad general prosperity and happiness, by founding on liberty and justice not "Moral Order," but "Republican Order." She will say that she intends that the State as well as the community, the nation as well as the individual, shall be definitively withdrawn from clerical rule ; that the priest shall be respected and kept within the temple, the schoolmaster within the school, the magistrate within the court, and that the public force shall never be employed except in the service of the law. My profound conviction, based on sure premises, allows me to declare without rashness a week before the voting that France in spite of all the maneuvres directed against the free- dom of her votes, will repudiate the administrative pressure, will scorn the official candidateship and its agents, and will thrust far from her Royalists, Caesarists, Clericals, the knaves as well as the violent ; she will condemn dictatorial policy, she will leave the Cliief of the Executive Power, transformed into a plebiscitary candidate, no other alternative but to submit or resign. As for ourselves, sure of the support of the country thus solemnly declared, we_ shall know how to cause its will to pre- vail over the opposition of a powerless and incorrigible min- ority. Without passion, without weakness, without vehemence, we will do our duty. The union of all good Frenchmen, Lib- erals, Republicans, by conviction or by birth, labourers, peas- ants, burgesses, the world of work and of thrift, will keep us discreet, and will render us invincible for the country and the Republic. G. MacMahon's Second Manifesto. October 11, 1877. Journal OKciel, October 12, 1877 (Vol. 1877, 6757). MARSHAL DE MACMAHON, PRESIDENT OF THE REPUBLIC, TO THE FRENCH PEOPLE. Frenchmen, You are about to vote. The violence of the opposition has dispelled all illusions. No calumny can any longer impair the truth. 6^8 SOCIALIST GENERAL PROGRAM No, the republican Constitution is not in danger. No, the Government, although it is respectful towards re- ligion, does not obey so-called clerical influences, and nothing could inveigle it into a policy compromising to peace. No, you are not threatened with any return to the abuses of the past. The struggle is between order and disorder. You have already pronounced. You do not wish, by hostile elections, to throw the country into an unknown future of crises and conflicts. You desire tranquility within as well as abroad, the accord of the public powers and security for industry and business. You will vote for the candidates whom I recommend to your free suffrage. Frenchmen, Tlie hour has come. Go to the polls without fear. Comply with my appeal, and I, placed by the Constitution at a post which my duty forbids me to abandon, I will answer for order and peace. H. MacMahon's Message. December 14, 1877. Journal OMciel. December 15, 1877 (Vol. 1877, 8381). Versailles, December 14, 1877. Messrs Senators, Messrs Deputies, The elections of October 14th have once more affirmed the confidence of the country in republican institutions. Tn order to obey parliamentary rules, I have formed a cab- inet chosen from within the twO' Chambers and composed of men resolved to defend and' maintain these institutions by the sincere application of the constitutional laws. The interest of the country requires that the crisis through which we are passing should be abated ; it requires with no less force that it should not be renewed. The exercise of the right of dissolution is in fact only a last method of consulting with a judge from whom there is no appeal and could not be erected into a system of government. I believed that I ought to make use of that right, and I coii- torra to the response of the country. The Constitution of 1875 has founded a parliamentary Re- THE 16TH OP MAY CRISIS 649 public by establishing my irresponsibility, while it has in- stituted collective and personal responsibility for the ministers. Thus my respective duties and rights are defined. The independence of the ministers is the condition of their re- sponsibility. These principles, drawn from the Constitution, are those of my Government. The end of this crisis will be the point of departure for a new era of prosperity. All the public authorities will assent in promoting its de- velopment. The accord established between the Senate and the Chamber of Deputies, certain henceforth to regularly reach the term of its commission, will make possible the achieve- ment of the great legislative labors which the public interest demands. The Universal Exposition is about to open ; commerce and industry are about to experience a new advance, and we shall offer to the world a new testimony of the vitality of our coun- try, which has always revived through industry, thrift and its deep attachment to the id.eas of conserva,tism, order and lib- erty. 135. General Program of the Socialist Regional Congress of the Centre. July 18-23, 1880. Journal des Economistes, Fourth Series, XI, 407-109. This document is given in order to show the ideas and de- mands of the French socialists who at present cast nearly two million votes. From the overthrow of the Paris Commune until October, 1879, there was no organized socialist party in France. The Marseilles Congress then started the present socialist move- ment. It drew up resolutions and reports, but no general program. The Paris regional congress of the next year formulated the doc- ument here given, which with very slight alterntions has been sanctioned by successive national congresses and still remains che program of the party. It was mainly the work of Karl Marx and Jules Guesde. All of the organized French socialists accept this program as a declaration of principles ; the groups differ upon the tactics which should be employed in conducting the propaganda. EErujiENOiis. Peixotto. French Revolution and Modern French Socialism, 278-286 ; Lavisse and Kambaud, Histoire Ocneraie, XII, 43-44. The Regional Congress of the Centre considering that, if 650 SOCIALIST GENERAL PROGRAM Revolution is the sole means for the emancipation of the working class, that Revolution is possible only with and by an organized working class ; Considering that the first act of that organization is neces- sarily the separation of the working class from the bourgeois political parties, and that this separation must be effected upon political grounds with the aid of that same ballot which has created the confusion of the classes politically; Considering, finally, that the worst enemies of the Revolu- tion are those who, while talking at random, refuse to employ any of the means which will render it possible; Declares that it accepts the electoral program published by the newspapers la Revue Socialiste, le Proletaire, I'Egalite and la Federation^ with the following slight modifications (in- dicated in italics) : Considering that the emancipation of the productive class is that of all human beings without distinction of sex or of race; That the producers cannot be free except in so far as they shall be in possession of the means of production ; That there are only two forms under which the means of production can belong to them : 1st. The individual form, which has never existed as an actual general condition and which is being eliminated more and more by industrial progress ; 2d. The coUectivist form, the material and intellectual elements of which are created by the very development of capitalistic society; Considering that this collective appropriation can proceed only from the revolutionary action of the productive class — or proletariate — organized as a distinct political party; That such an organization must be sought by all the means at the disposal of the proletariate, including therein universal suffrage, transformed thereby from an instrument of decep- tion, which it has been until now, into an instrument of em- ancipation ; The French socialistic workingmen, in giving as the aim of their efforts in the economic domain the return to the col- lective form of all the means of production, have decided as a naethod of organization and of strife to enter into the elec- tions with the following minimum program : SOCIALIST GENERAL PKOGRAM 65I A. Political Program. 1st. Abolition of all laws upon the press, meetings and associations, and especially of the law against the International Association of Laboringmen. — Suppression of the pass-book, that m-^se en carte of the working class, and of the articles of the Code establishing the inferiority of the workingraan as against the employer ; 2d. Suppression of the religious budget and return to the nr.tiim "of the properties called mortmain, both movable and immovable, belonging to the religious corporations" (decree of the Commune of April 2, 1871), including therein all the in- dustrial and commercial annexes of these corporations ; 3d. General arming of the people ; 4th. The commune to be the mistress of its own admm- istration and police. B. Economic Program. 1st. Cessation of labor for one day per week or legal pro- hibition foi' employers operating more than six days out of seven. — Reduction of the working day to eight hours for adults. — Prohibition of the working of children under 14 years in private factories ; and, from 14 to 18 years, reduction of the working day to six hours ; 2d. Legal minimum of wages, determined each year ac- cording to the local price of the commodities ; 3d. Equality of wages for the workers of the two sexes ; 4th. Scientific and professional instruction for all the children placed for their support under the charge of society, represented by the State and the communes; 5th. Placing under the charge of society the aged and in- firm workingmen; 6th. Suppression of all interference of employers in the administration of workingmen's funds for mutual relief, of provision, etc., restored to the exclusive management of the workingmen ; 7th. Responsibility of employers in the matter of acci- dents guaranteed by a money deposit paid in by the employer and proportioned to the number of workingmen employed and the dangers which the industry presents ; 8th. Participation in the [formation of] the special rules of the different factories ; suppression of the right usurped by 652 PAPACY AND THIRD KEPDBLIC employers to impose any penalty whatever upon their working- men under the form of fines or of retentions out of their wages (decree of the Commune of April 27, 1871) ; 9th. Revision of all contracts which have alienated public property (banks, railroads, mines, etc.) , and the control of all the factories of the Slate entrusted to the workingmen who labor in them ; loth. Abolition of all indirect taxes and transformation of all the direct taxes into a progressive tax upon incomes in excess of 3,000 francs. — Suppression of inheritance in the col- lateral line and of all inheritance in the direct line exceed- ing 2,000 francs. 136. Documents upon the Papacy and the Third Republic. The attitude o[ the Catholic clergy of France towards the Third Republic has gone through three distinct phases. (1) From the overthrow of the Second Empire until the definitive es- tablishment of the Republic the great majority were monarchists. (2) From then until the appearance of these documents many of them continued to oppose the Republic, although some became Its supporters, while a large number ^assumed a neutral positipn. (8j Since the publication of these documents the majority have com- plied with the suggestion of the Pope and accepted the Republic. Eefehexces. Coubertin, Evolution of France under the Third R?putUn, Ch. X ; McCarthy. Leo XIII, Ch. xv ; Lavisse and Ram- bftud, Uistnire Generate, XII, 42-43. A. Papal Encyclical. February 16, 1892. Translation, The Times (London), February 20, 1892. There have been many Governments in France during this century, and each has had its distinctive form— Imperial, Monarchical and Republican. Each of these is good so long only as it makes for the common well being, and one form' may be good at one time and another at another. Catholics, like all citizens, have a perfect right to prefer one form to another, as none of these forms in itself is opposed to Christian teach- ing. The Church has always in its dealing with States fully recognized this principle. It was necessary to recall this fact in the development of the present theme. But if one comes down to the practical consideration of instances, one notes that each State is a special individual result, growing out of and modified by its peculiar surroundings, and thus obligatory upon PAPACY AND THIRD KEPUBLIC 653 the members which compose it, who should do nothing to seek to overturn it or change its form. The Church, therefore, guardian of the truest and loftiest conception of political sovereignty, since it derives from God, has always reproved subversive doctrines and condemmed the rebels to legitimate authority, and this, indeed, even when those in authority used their power against the Church, and thus deprived themselves of the most powerful support pos- sible and the most effective means of securing obedience to the law. The advice of the Prince of Apostles in these mat- ters cannot be too widely meditated, nor that of St. Paul. Yet it must not be forgotten that no governmental form is defini- tive. The Chuich alone has been able, and will continue, to pre- serve its form of government. Founded by Him, who was, who is, and who shall be, world without end, it 'has received from Him since its origin everything which it needed to pursue its divine mission across the moving sea of human things. Far from there being any need of transforming its essential con- stitution, it has not even the power of renouncing the priv- ileges of true liberty granted to it by Providence in the gen- eral interest of souls. But in human history crisis follows crisis, revolution revolution, and order anarchy, and in these circum,stances a new form of government may be needful to satisfy new wants and conditions. The principle of authority never changes, but only the method of its expression or the form of its incarnation. Hence authority is enduring, for in its nature it is imposed for the well-being of all, or, in other terms, is considered, as such, to be derived from God. Con- sequently, when a new Government is founded, acceptance thereof is not only permissible, but a duty. This great duty of respect and dependence will always continue in force, since it tends to secure the good which, after God, is in society the Alpha and Omega of principles. These considerations explain the attitude of the Church towards the successive Governments of France, and such an attitude is the safest and surest for all Frenchmen in their civil relations with the Republic, which is the existing Govern- ment of their nation, for all their efforts ought to be directed against division and toward the moral uplifting of their father- land. But for some people there is a difficulty here. This 654 PAPACY AND THIED REPUBLIC Republic, they say, is a'nimated by sentiments so anti-Christian that honorable men, and Catholics in particular, could not conscientiously accept it, and this is a widespread cause of dissension. But all this divergence might have been avoided but for a regrettable confusion of "constituted powers'' and "legislation." Indeed, under the most unimpeachable form legislation may be detestable, and likewise under a very imper- fect form there may be excellent legislation. History bears ample witness, and the Church has always recognized this fact. B. Papal Brief to the French Cardinals. May S, 1892. Translation, The Times (London), May 7, 1892. Great was our consolation on receiving the letter by which, in unanimous concert with the whole French episcopate, you adhered to our encyclical. . . . This encyclical has already done much good, and will, we hope, do more, in spite of the attacks to which it has been exposed on the part of impas- sioned men — attacks against which, moreover, we are glad to say that it has also found valiant defenders. . . Now, these eflforts would become essentially barren if the conservative forces were lacking in unity and harmony in the pursuit of the ultimate end — ^namely, the preservation of religion ; inasmuch as thither should tend every upright man, every sincere friend of society. This our encyclical amply demonstrated. But the end once defined, the need of union in order to attain it once admitted, what will be the means of insuring this union? This, too, we explained, and we desire to restate it that no one may be in doubt as to our meaning. One way is to accept without reserve, with that perfect loyalty becoming in a Christian, the civil power in the form in which de facta it exists. Thus, was accepted in France the First Empire on the morrow of a frightful and bloody anarchy. Thus were accepted the other successive powers, whether monarchic or Republican, down to our own time. And the reason for this acceptance is that the common weal of society makes it pre-eminent over any other interest. For it is the creative principle, the conservative element of human society, hence it follows that every good citizen ought to wish it and procure it at any price. PAPACY AND THIRD REPUBLIC 655 Now, from this necessity of insuring the good of all springs, as from its own immediate origin, the necessity of a civil power which, turned ever towards the supreme end, thither guides, wisely and continually, the varied wills of the subjects grouped together in its hand. When, therefore, in a society a constitmted and active power exists common interest must be allied to that power, and for this reason it should be accepted as it is. It is for this reason and with this intent that we told the French Catholics, "accept the Republic, that is to say, the constituted power in your midst, respect it, be sub- missive to it as representing the power come from God." But there have been some men of different political parties, and even sincere Catholics, who have not accurately understood our words. Yet they were so clear and simple that they could scarcely, it would seem, have given occasion for misinterpre- tation. Let it be well understood that although the political power is always of God it does not follow from this that the divine appointment affects always the modes of transmission of that power or the contingent forms it assumes, or the per- sons who are the subjects of it. The very variety of these modes in different nations proves the human nature of their origin. And, still further, human institutions, the best estab- lished in right and with as salutary views as one could wish in order to give social life a firmer basis, do not always pre- serve their vigour conformably to the short insight of human wisdom. In politics more than anywhere else unexpected changes arise. Colossal monarchies collapse or fall to pieces like the ancient royalties of the East and the Roman Empire. Dy- nasties supplant dynasties like those of the Carlovingians and Capetians in France. To the political forms adopted succeed other forms, as numerous examples have shown in our cen- tury. These changes are far from being always legitimate at starting. It is even difficult that they should be. Yet the supreme criterion of the commonweal and public tranquility impose the acceptance of these new Governments established de facto in the place of previous Governments which de facto have ceased to exist. The ordinary rules of the transmission of power are accordingly suspended, and, indeed, they may even be abolished. However it may be with these extraordi- 656 PAPACY AND THIRD EEPUBLIC nary transformations in the life of peoples, whose laws it is for God to calculate and their consequences for men to utilize, common honour and conscience demand in every state of things a sincere subordination to constituted Governments. It is required by that supreme, unquestionable, inalienable right called reason or social welfare. What, indeed, would be- come of honour and conscience if it were allowable for the citizen to sacrifice to his personal aims and party connexions the blessings of public tranquility? After having firmly laid down this truth in our encyclical, we drew the distinction between the political authority and leg- islation, and we showed that the acceptance of one in no way implied acceptance of the other on points where the legislator, forgetful of his mission, should set himself in opposition to the law of God and of the Church. And let all bear in mind that to display activity and use influence to induce Governments to change for the better iniquitous laws void of wisdom is to give proof of a devotion to the country equally intelligent and cour- ageous without evincing a shadow of hostility to the author- ities deputed to govern public affairs. Who would think of de- nouncing the Christians of the first centuries as adversaries of the Roman Empire because they did not bow to its idolatrous prescriptions, but endeavored to effect their abolition? On the religious ground thus understood the various Conservative political parties may and should be agreed. But the men who should subordinate everything to the previous triumph of their respective parties, even were i' on the plea that it was the fit- test for religious defence, wou'd hence be convicted of placing, by a pernicious reversion of ideas, the politics which divide before the religion which unites. And it would be their fault if our enemies, profiting by their divisions, as they have only too much done, finally succeeded in crushing them all. It has been alleged that, in teaching these doctrines, we adopt towards France a conduct other than that which we pur- sue towards Italy, so that we are inconsistent. Yet this is not so. Our aim in telling French Catholics to accept the consti- tuted Government was and still is merely to safeguard the re- ligious interests, which in Italy impose on us the duty of de- manding incessantly the full liberty required for our sublime function of visible Head of the Church, appointed for the THE LAW OP ASSOCIATIONS 657 government of souls — a liberty which does not exist where the vicar of Jesus Christ is not, at home, a true sovereign, inde- pendent of all human sovereignty. What is the conclusion from this if it is not that the question which concerns us in Italy is also eminently a religious one as far as it is connected with the fundamental principle of the liberty of the Church. Hence in our conduct towards various nations we constantly make all converge to the same end, religion, and through re- ligion the deliverance of society, the welfare of peoples. . . 137. The Law of Associations, July 1, 1901. Duvergler, Lois. CI, 260-285. The history of the Third Republic has been marked by frequent conflicts between the government and the Catholic clergy, especially over educational matters. The religious orders particularly are charged with inculcating in their pupils Ideas hostile to the Re- public. This law was passed for the purpose of reaching the orders most suspected of exerting such an influence. As this volume is passing through the press, a law forbidding all teaching by re- ligious orders is under consideration. It has already passed the Chamber of Deputies and seems likely to pass the Senate. REFEiiB^'CE. Gerard, The French Law of Associatiotis. TITLE III. 13. No religious congregation can be formed without an authorisation given by a law which shall determine the con- ditions of its operation. It cannot found any new establishment except in virtue of a decree rendered in Council of State. The dissolution of the congregation or the closing of any establishment can be pronounced by decree rendered in council of the Ministers. 14. No one is allowed to manage, either directly or through an interposed person, an educational institution of any kind whatsoever, nor to give instruction therein if he be- longs to a non-authorised religious congregation. Contravenors shall be punished with the penalties provided by article 8, §2. In addition, the closing of the institution can be pronounced by judgment of condemnation. 15. Every religious congregation keeps a statement of its 658 THE LAW OF ASSOCIATIONS receipts and expenses ; it prepares annually the financial ac- count of the past year and an inventoried statement of its real and personal property. The complete list of its members, mentioning their pa- tronymical names as well as the names under which they are designated in the congregation, their nationality, age and place of birth, the date of their entrance, must be kept at the resi- dence of the congregation. It is required to produce, without alteration, upon every requisition of the prefect, by himself or by his delegate, the accounts, statements and lists above mentioned. The representatives or directors of a congregation which shall have made false communications or refused to comply with the requisitions of the prefect in the cases provided for by the present article shall be punished with the penalties pro- vided by §2 of article 8. 16. Every congregation formed without authorisation shall be declared illicit. Those who shall have taken part therein shall be punished with the penalties decreed by article 8, §2. The penalty applicable to the founders or administrators shall be doubled. 18. The congregations existing at the moment of the pro- mulgation of the present law, which may not have been au- thorised or recognized, within the space of three months, must prove that they have made the necessary efforts in order to conform to its requirements- In default of this proof, tkey shall with perfect right be reputed dissolved. It shall be the same with the congregations to which the authorisation shsll have been refused. Liquidation of the property retained by them shall take place in the courts. The tribunal, at the request of the public minister, shall appoint, in order to proceed thereto, a liquida- tor who shall have during the entire continuance of the liqui- dation all the powers of a sequestration administrator. The judgment ordering the liquidation shall be made public in the form prescribed for legal announcements. The property and values belonging to members of the con- gregation, prior to their entrance into the congregation, or THE LAW OF ASSOCIATIONS 659 which may have fallen to them since, either by succession ab intestat in the direct or collateral line, or by donation or legacy in the direct line, shall be restored to them. The gifts and legacies which may have come to them other- wise than in the direct line can likewise be reclaimed, but sub- ject to the furnishing of proof by the beneficiaries that they have not been the interposed persons provided for by article 17. The property and values acquired by gratuitous title and which may not have been specifically made over by instru- ment of gift to a work of charity can be reclaimed by the donor, his heirs or interested parties, or by the heirs or inter- ested parties of the testator, without it being possible to oppose to them any prescription for the time elapsed before the judg- ment pronouncing the liquidation. If the property or values have been given or bequeathed with a view not to favoring the congregationists, but to pro- vide for a work of charity, they can be reclaimed on condition of providing for the accomplishment of the aim assigned for the gift. Every action in recaption or reclamation, on penalty of fore- closure, must be brought against the liquidator within the space of six months, dating from the publication of the judg- ment. After both parties have been heard, judgments rendered for the liquidator and which have acquired the authority of res adjudica are opposable to all interests. After the space of six months, the liquidator shall proceed to the sale by judicial process of all immovables which may not have been reclaimed or which may not be appropriated to a work of charity. The product of the sale, as well as all the movable values., shall be deposited with the deposit and consignment fund. The maintenance of the poor in hospitals, until the com- pletion of the liquidation, shall be considered as privileged expenses of liquidation. If there is no contest or when all the actions brought with- in the prescribed period shall have been adjudicated, the net assets are divided among the interested parties. The rule of public administration laid down by article 20 of the present law shall determine, out of the assets remaining 66o THE LAW OF ASSOCIATIONS free after the previous deduction above provided for, the allow- ance, in capital or under fonn of life annuity, which shall be assigned to the members of the dissolved congregation who may not have assured means of existence or who may prove that they have contributed to the acquisition of the values put in distribution by their personal labor. 20. A rule of public administration shall determine the proper measures to assure the execution of the present law. THE END. INDEX Abdications, first of Napoleon, 90, 446; of Charles X, 104G, 504; of Francis II, 78D, 403; second of Napoleon, 90F, 449. Act, additional, the, 98, 471: of the Senate, 90B, 444; organic, upon education, 38C, 169; or- ganic, upon religion, 291, 140. Address to the throne, 117A, 574. Address, Bordeaux, the 114C, 557; of the Commune of Marseilles, 22A, 110; of the Corps- Legisdatif to Napole- on, 88, 437; of the Fifl- erfis at Paris, 223, 113; of the Jacobin club, 26. 126; of the municipality of Vedennes, 114B, 556; of the Paris Sections, 22C, 114; of the Throne, Imperial decree upon, 117A, 574. (See also Message, Speech.) Administrative system, la-w, 60, 283. Alliance. See Allies, Treaties. Allies, declaration against Na- poleon, 97, 469; declaration of Frankfort, 87, 436; procla- mation of, 90A, 443; treaty of, against France, 100, 482. Amendments, of 1884. the, 133E, 639; proposed Labou- laye, the, 132C; 632; to the constitution, senatus-consul- tum upon, 117D, 577; I'pon the seat of government, 133D, 639: Wallon, the, 1321\ 632. Amiens, treaty, 63, 294. Annexations of 1809-1810, 84. 425-436. Appeal, election, 111F, 543. April, petition of 16th of, 108, 521. Army, proclamation of, 75A, 379; proclamation to, 111C, 541; reorganization, law, 128, 618. Articles, organic, for the Cath- olic church, 64B, 299; organ- ic, for the Protestant sects, 64D, 307. Assignats, decree, 47, 204. Assembly, extraordinary, 95, 466. Assistance and fraternity, 28A, 129. Associations, law, 137, 657. August. See Fourth of August. Austria. Armistice with France (Vil- lafranea), 116E, 571. I>eclaration of war against, 19, 103. Treaties with France, Campo Formio, 55, 261; Lunfiville, 62, 290; Pressburg, 74, 375; Vienna, 85, 430; Zurich, 116F, 572. Ultimatum to Sardinia, 116A. 566. Basle, treaty, 48A, 206. Benedetti, proposed treaty, 120, 591. Berlin, decree, 77B, 385. Body guard, the King's, 20B, 106. Bookselling, 86, 433. 662 INDEX Bordeaux, address, 114C, 557. Brief, papal, 136B, 654. British. fees Great Britain. Brumaire, decree, 57, 269. Duke of Brunswick's Manifes- to, 23, lis. Budget, senatus-consultum on, 117C, 576. Calendar, Republican, 44^ 191. Campo Formio, treaty, 55, 261. Caslmir-Perier, proposal, 132A, 631. Catechism, Imperial, 65B, 313. Catholic church, organic arti- cles for, 64B, 299. Chamber of Deputies, declar- ation, 104H, 505; King's speech to, 103A, 491; proc- lamation, 104E, 502; response to Charles X, 103B, 492. Chambord, manifesto. See White Flag letter. Charles X, abdication, 104G, 504; response to Chamber, 103C, 493; speech, 103A, 491. Charter, constitutional, 93, 456. Chaumont, treaty, 89, 440. Circulars, diplomatic, upon Franco-Prussian war, 123, 596-601; Gambetta's, 134F, 645; letter of Louis XVI to foreign courts, 10, 39; of keeper of seals, 102, 489; Padua, the, 13, 54; Persigny. the, 118, 586. Civil constitution of the cler- gy, 6C, 16. Church, buildings, 29H, 139; Constituent Assembly and, 6, 15-23; lands, 6A, 15. Clergy. Civil constitution of, 6C, 16. Dangerous, decree upon, 29C, 135. Non-juring, decree (rejected) upon, 17B, 99; decree upcn, 29B, 134; decree upon de- portation of, 20A, 104. Oath of, 6D, 22. Clerical oath. BD, 22. Committees, Revolutionary, 33, 357; Public Safety, 35, 159. Communal law, 127A, 612. Commune of Marseilles, 22A, 110. Concordat, the 64A, 296. Confederation of the Bhin?, ■ 78, 307; declaration of, 78G, 401; treaty for, 78A, 39S. Congress of Paris, 115^ 560. Constituent Assembly, decree abolishing industrial corpo- rations, 11, 43; decree abol- ishing nobility, 8, 34; decree concerning King, 12F, 53 and 12H, 54; decree creating, 1, 1; decree for maintaining public order, 12B, 51; decree on measures of, first, 12C, 51; decree on measures of, second, 12D, 52; decree on oath of allegiance, 12B, 52; decree of, 3C, 10; de- cree reorganizing judiciary, 9, 34; decree reorganiz- ing local government, 7, 24; ■documents upon, 6, 15; pro- test of the Right, 12G, 53. Constitution. Amendments to, 117D, 577; Constitutional laws and amendments 133, 533-639. Constitutional statutes, 72A, 368. Declaration upon, 27A, 128. King's acceptance of, 16, 96. (See also Constitutions of France.) Constitutions of France, of 1791, 15, 58; of 1793 (year I), 39, 170; of 1795 (year IXl), 50, 212; of 1799 (year VIII), 58,. 270; of 1802 (year X), sena- tus-consultum of Aug. 4, 1802, 66E, 327; 1804 (year XII), senatus-consultum of May 18, 1804, 71, 343; of 1814, constitutional "^charter cf 1814, 93, 456; of 1815, the Act INDEX 663 aflditional, 98, 471; of 1830, 105, 507; of 1848, 110, 522; of 1852, 112, 544; of 1870, sen- atus-consultum of May 21, 1870, 117H, 581; constitution- al laws and amendments, 133, 633. Constitutional laws of 1875, 133A-C, 633-636. Constitutional statute upon Italy, 72A, 368. Consulate, constitution of, 50, 212; for life, 66, 323-327. Consuls, order of, 66D, 326. Continental system, 77, 3S4- 396, Convention. Declaration of, assistance to foreign peoples, 28A, 129; 129; on constitution, .37A, 128; religious policy, 29A. 134; war against Great Britain, 31, 148. Decrees, laws and acts, abolishing monarchy, 27B, 128; assignats, 47, 204; cal- endar, 44, 191; Committef-s, Public Safety, 35, 159; Committees, Revolutionary, 33, 157; dating documen'.';, 27D, 129; deputies on mis- sion, 37, 164; education, 38A-C, 167-169; EmigrSs, 30B, 147; enforcement of laws, 27C, 129; Government of Terror, 45, 194; Govern- ment, Revolutionary, 43, 189; levy en masse, of, 40, 183; maximum, of. 42, 187; non-intervention, 28C, 133; priests and religion, 29B-I, 134-140; proclaiming liber- ty 28B, 130; suspects, of, 41, 185; tribunal. Revolu- tionary, 32A, 151 and 32B, 154; unity of Republic, 27B, 12s. Election of, 25, 124. and Education, 38, 167. and Religion, 29, 133. Conventions, Dardenelles, 115B, 564; Erfurt, 82, 421; of Fontainebleau, 81A, 418; with Charles IV, 81B, 420; with Genoa, 54, 259; with Prussia, 48B, 208. (See also Treaties.) Corps-Legislatif, address to Napoleon, 88, 437; and Sen- ate, 122, 596. Crisis of the 16th of May, 134, 640-648. Coup d'Etat of December 2, 1851, 11, 538-543. Dardanelles convention, 115B. 564. Debates, publication of, 1173, 575. De Broglie, interpellation, 129A, 622. Declarations, for assistance and fraternity to foreign peqples, 28A, 129; of Chamber of Dep- uties, 104H, 505; of confed- erated states, 78C, 401; of Frankfort, 87, 436; of inten- tions of King, 3B, 5; of King, June 20, 1791, 12A, 45; of King upon states-general, 3A, 3; of Paris commune, 126, 608; of Pilnitz, 14, 57; of powers against Napoleon, 96, 468; of regent of France. 30A, 145; of rights of -1 man and citizep, 5, 15; of rights, Robespierre's proposal, 36, 160; of St. Ouen, 92, 455; of the Tribunate, 66A, 324; of war against Austria, 19, 103; of war against Great Britain, 31, 148; of 1682, 64C, 305; relative to workingmen, 107B, 516; respecting mari- time power, 115C, 565; Tar- ' get, the', 129D, 627; upon the constitution, 27A, 128; upon 664 INDEX the Republic, 109, 522; upon the reorganization of Ger- many, 69, 339. Decrees, address to throne, upon, 11 7A, 574; Assembly (June 23, 1789), 3C, 10; As- sembly convoking, extraor- dinary, 95j 466; Assembly, first, measures upon, 12C, 51 ; Assembly, second, measiues upon, 12D, 52; Assembly Na- tional (June 17, 1789), 1, 1; Assem.b]y, National (Mar. 5, 1848), 107H, 519; Assembly, National (Dec. 2, 1851), 111A, 538; assignats, 47, 204; Bona- parte, Joseph, King ot N.i- ples, 75B, 380; Berlin, the, 77B, 385; Bonaparte, Joseph. King of Spain, 81C, 421; Bo- naparte, Napoleon, deposing', 90C, 444; Brumaire, the. 57, 269; calendar. Republican, 44, 191 ; church buildings, 29H, 139; church lands, 6A, 16; clergy, civil constitution of, 6C, 1'6; clergy, non-juring (rejectecl), 17B, 99; clerical oath, 6D, 22; Committee ot Public Safety, 35, 159; Com- mittees, Revolutionary, 33, 157; convention, election of, 25, 124; Corps-Degislatif and Senate, 122C, 696; criminal tribunal, extraordinary, 32A, 151; departments and dis- tricts, 7B, 29; deputies on mission, 37, 164; documents, dating of, 27D, 129; docu- ments, papal, 6B, 23; educa- tion, primary, 38A, 167; edu- cation, secondary, 38B, 168; BmigrSs, against, 30B, 147; Emigres (rejected), 17A, 97; F§d6rfis, camp of, 20C, 103; fourth of August, 4, 11; Gov- ernment of the Terror, or- ganic, 45. 194; Government, Revolutionary, 43, 183; Impe- rial university, 65C, 314; in- dustrial corporations, 11, 43; interpellation, 117B, 578; ju- dicial system^ 9, 34; Kings body guard, 20B, 106; Kin,?, concerning (June 25, 1791), 12F, 53.; King, concerning (July 16, 1791), 12H, 54; la- bor, 107G, 518; laws, enforce- ment of, 27C, 129; levy en masse, A 183; liberty, pro- daiminM* 28B, 130; Louis XVI, ^^ension of, 24, 122; Milan, the, 77B, 393; mon- archy, abolishing, 27B, 12S; monastic vows, 6B, 16; mii- nioipalities, 7A, 24; Napol- eon, deposing, 90C, 444; no- bility, abolishing, 8, 34; no- bility, titles of, 107F, 518; non-intervention, 28C, 133 ; oath of allegiance, 12E, 52; ofTenders, political and press, 122D, 596; papal states, 84A, 425; plebiscite (Dec. 2, 1851), 111D, 542; plebiscite (Dec. 4, 1851), 111E, 542; press, 34, 158; pres.^, organic, 113, 650; priests, cangerous, 29C, 134; priests, deportation of non- juring, 20A, 104; priests, non- juring, 29B, 134; printing and bookselling, 86, 433; public order, 12B, 51; Rambouillet, 77G, 396; rejected decrees, 17, 97-99; religion, 29G, 139; re- ligion, expenditures for, 29F, 138; religious freedom. 29D., 136; religious policy, 29A. 134; Republic (Oct. 22, 1808), 83, 424; Republic, unity of, 27B, 129; slavery (1794), 46, 204; slavery (1848), 1071, 520; Thiers, 124A, 604; workshops, national, 107D, 517; worship of Supreme Being, 29B, 137. (See also Laws, Organic Acts.) Departments, laws upon, 7B, 29; 127B, 613. Deputies on mission, 37, 16^ INDEX 665 Diet, Napoleon 10 tile, 7SB, 399. DiSEolution of 1830, 103, 491-494. Documents, dating of public, 27D, 129. Education, conventij 167; Napoleon 314; organic acl 169; primary, 3a ondary, 38B, 168. Election appeal, 111F7 Election law of 1830, 106, S13. Emigres, 17A, 97; 30, 144-147. Ems despatch, 121, 693. E!neyclical, papal, 136, 652. Erfurt convention, 82, 421. Ernoul, order of the day, 129C, 627. Evolution of the Empire, 114, 553-559. Evolution of the Liberal Em- pire, 117, 574-581. Executive power, decrees and laws upon, 124, 603. Expenditures, upon religion, 29P, 137. FSdgres, address of, 22B, 113; camp of, 20c, 106. First Consul, message, 66C, 325. I^'ontainebleau, convention of. 81A, 418; treaty of, 90G, 450. Foreign courts, 10, 39. Foreign policy, convention and, 28, 129. Fourth of August, 4, 11. Fourth of September, 122, 595. Francis II, abdication, 78D, 403. PYanco-Prussian war, 123, 596. Frankfort declaration, 87, 436. .Prallemity, dejolaratlion for. 28A, 129. Gambetta, circular, 134F, 645. Genoa, 54, 259. Germany, confederation of the Rhine, 78, 398; reorganiza- tion, 69, 339; Germany, North, annexation of, 84D, 430. Government, national defence, 122, 595; proposals, 129B, 623; provisional of 1848, 107, 514; Eevolutionary, 43, 189; seat of, 133D, 639; Terror, 45, 194; Thiers, 124, 604 and 129, 622- 627. Great Britain. Declaration of war against, 31, H8. Law upon its products, 53, 258. Treaties, alliance against France, 100, 482; Amiens. 63, 294; Chaumont, 89, 440; Congress of Paris, 115, 560- 565; note to powers, 77A, 384; orders in council, 770, 387, 77D, 389, and 77F, 394; with Russia, 73, 372. Hague, treaty, 49, 209. Holland. Annexation, 84D, 430. Treaties. Hague, 49, 209; with Prance, 76, 381; with France (1810), 840, 428. Hostages, ;aw, 56, 267. Hostilities, suspension of, 52A, Industrial corporations, 11, 43. Interpellation, De Broglie. 129A, 622; Imperial decree, upon, 117E, 578. Italy, constitutional statut-.;, 72A, 368; kingdom, 72, 368- 369; war with, 116, 566-573. Jacobin club, 'address of, 26, 126.- Judicial system, 9, 34; 61, 288. July, monarchy, 107A, 515; ordinance, 104A, 495; revolu- tion, 104, 495-505. 666 INDEX Keeper of the seals, circular, 102, 489. King, accepts constitution, 16, 96; body guard of, 20, 106; declaration of, 3A, 3 and 12A, 45; decree concerning, 12F, 53 and 12H, 54; flight of, 12, 45; intentions of, 3B, 5'; of Pi'ussia, letter to, 18, 102; proclamation of, 103D, 494; response to deputies, 103C, 439; speech of, 103A, 491; suspension of Louis XVI, 24, 122. King of Prussia, letter to, 18, 102. King's flight, 12, 4S-54. Labor, decree, 107G, 518. Iraboulaye, proposed amend- ment, 132C, 632. Laws, adniinistrative system, reorganization of, 60, 283; army, for reorganizing, 128, 618; associations, of, 137, 657; British products, upon, 53, 258; communal, 127A, 612; constitutional, 133, 633-636, upon Senate, 133A, 633, upon organization of public pow- ers, 133B, 635, upon relation of public powers, 133C, 636; departmental, 127B, 613; elections, upon, 106, 513; hos- tages, of, 56, 267; judicial system, reorganization of, 61, 288; Legion of Honor, for organizing, 67, 336; maxi- mum, of, 42, 187; 22 Prairial, of, 32B, 154 ; presidency, upon the, 124C, 606; press, upon the (1819), 101A, 485; press, upon the (:^820■), 101B, 486; press, u!pon the (1822), 101 C, 488; public enemies', against, 51, 254; public instruction, up- on, 65A, 308; public meetings, upon, 119, 589; Rivet, the, 124B, 604; Septennate, of the. 131, 630; slavery in colonies, upon, 68, 339; suspects, of, 41, 185. (See also Decrees, Organic Acts.) Laws, enforcement of, 27C, 129. Left, manifesto of the extreme, 129E, 627. Legion of Honor, law, 67, 336. Letters, Louis XVI to foreign courts, 10, 39; Louis XVI to King of Prussia, 18, 192; MacMahon to Simon, 134A, 640; Simon to MacMahon, 134B, 641; White Flag, the, 130, 627. Levy en masse, 40, 183. Liberal Empire, evolution of, 117, 574. Liberty and sovereignty, 28B, 130. Local government, 7, 24; 127, 912-613. Louis Napoleon, 114, S56. Louis Philippe, proclamation, 104F, 504. Louis XVI, acceptance of con- stitution, 16, 96; body guard of, 20B, 106; circular letter, 10, 39; declarations upon in- tentions, 3B, 5; declarations upon states-general, 3A, 3; letters to King of Prussia, 18, 102; suspension of, 24, 122; upon flight of, 12, 45- 54. Lunfiville, treaty, 62, 290. Luxembourg commission, 107K, 617. MacMahon, letter to Simon, 134A, 640; manifestoes, 134Ii;, 643 and 134G, 647; message, 134H, 648; Simon's letter to, 134B, 641. Manifestoes, Duke of Bruns- v/ick's, 23, 118; extreme Left, 129E, 627; MacMahon's to Fresch people (Sept. 19, INDEX 667 1877), 134E, 643; MacMahon's second (l>ec, 14, 1877), 134G, 648; Thiers' Orleanist, 104D, 502. Marseilles, commune of, 22A, 110. Maximum, law, 42, 187, Messages, First Consul to Sen- ate, 66C, 325; of MacMahon, 134H, 648. (See also Speech, Adclress.) Milan, decree, 77E, 393. Milan, proclamation, 116I>, 570. Monarchy, decree abolishing, 27B. 128; overthrow of Span- ish, 81, 418. Monastic vows, SB, 16. , Municipalities, 7A, 24; 127A, -. 612. Naples, Joseph Bonaparte, King of, 75B, 380; kingdom of, 75, 378. Napoleon I, abdications, SOD, 446 and 90F, 449; address of Corps-Legislatif to, 88, 437: alliance against, 97, 469; Con- sul for life, 66, 323; declara- tion against, 96, 468; depo- sition, 90C, 444; education, and, 65, 308; Emperor, 71, 343; King of Italy, 72, 368; note to Diet, 78B, 399; proc- lamations, 75A, 379 and 94, 464; reorganization of relig- ion, 64, 296. Napoleon III, proclamations, 116C, 568 and 116D, 570. National Assembly. 1789, 1, 1. 1848, 107H, 519. 1851, decree for dissolving the, 111A, 538. 1871-1875, decrees and laws, of the Septennate, 131, 630; upon executive power, 124, 603-606; upon reorganiza- tion of army, 128, 618; up- on reorganization of local government, 127, 612-613. National Workshops, 107D, 517. Newspapers, 59, 282. (See al- so Press.) Nobility, 8, 34; 107F, 518. Non-intervention, decree upon, 28C, 133. Non-juring clergj'. See Cler- gy- Notes, Austrian ultimatum, 116A, 566; British note to neutral powers, 77A, 384 ; Na- poleon to Diet, 78B, 399; re- ply of Sardinia, 116B, 568. Oath, allegiance, decree, 12E, 52; clerical, decree upon, 6D, 22; Tennis Court, 2, 2. Oftenders, political and press, 122D, 596. Orders, for Luxembourg com- mission, 107E, 517; of the consuls, 66D, 326; suppress- ing newspapers, 59, 282. Orders of the day, 134C, 642; Ernoul, 129C, 627. Orders in council, British (Jan. 10, 1807), 77C, 387; British (Nov. 11, 1807), 77D, 389; British (Apr. 26, 1809), 77P, 396. Ordinances, July, the, 104A, 495; royal, upon the press, 101D, 489. Organic acts and laws. Acts, upon education, 38C, 169; upon religion, 291, 140. Articles, Catholic church, 64B, 299; Protestant sects, 64D, 307. Decree, Government of Ter- ror, 45, 194; press, 113, 550. Senatus-consultum, for an- nexation of papal states. 84B, 430; for annexation of Holland and North Ger- many, 84D, 430. (See also Laws, Decrees.) Orleanist manifesto, Thiers', 104D, 502. Padua, 13, 54. 668 INDEX Papacy. Brief to French cardinals, 136B, 654; documents upon, 136, 652; publication of pa- pal documents, 6E, 23. (See also Pope.) Papal documents. See Papacy. Papal states, annexation, 84A, 425; 84B, 426. Paris. Congress of, 115, 560-565. Declaration of, 115C, 565. Deputies, protest of, 104C, 501. Journalists, protest of, 104B, 501. Proclamation to, 122B, 59S. Sections, address of, 22C, 114. Treaties, 1S14, 91, 451; 1S15, 99, 479; 1856, 115A, 561. Persigny, circular, 118, 586. Petitions, 20th of June (1792), 21, 107; 16th of April (1848), 108, 521. Pilnitz, 14, 57. Plebiscite, first decree for, 111D, 542; second decree for, 111E, 542. Pope, treaties with, 52, 255- 257. (See also Papacy.) Powers, British note to neu- tral, 77A, 384. Prairial, law of 22, 32B, 154. Priests. See Clergy. Prince-President to Chambers, speech of, 114A, 553. Presidency law, 124C, 606. Press, decree upon, 34, 158; de- cree upon printing and book- selling, 86, 433; laws of the Restoration, 101, 485-48S; of- fenders, political and, 122D, 596; organic decree upon, 113, 550; protest of Paris journal- ists (.luly 26, 1830), 104B, 501; royal ordinance upon, 101D, 489; suppression of, 59, 282. (See also Newspapers.) Pressburg, treaty, 74, 375. Printing, 86, 433. Proclamations, for Luxem- bourg commission, 107E, 517; of allies, 90A, 443; of army, 75A, 379; of deputies, 104E, 502; of King, 103D, 494; of kingdom, 72B, .369; of liber- ty and sover((ignty, 28B, 130; of Louis-Phil\ppe-, 104F, 504; of Napoleon, 94, 4Jii; of Na- poleon III, 116D, 570; of the Republic, 107C, 516; over- throw of July monarchy, 107A, 515; to army, 111C, 541, to French people (1S70), 122A, 595; to Italians, 116D, 570; to Parisians, 122B, 595; to people (1851), 111B, 538. Program, general socialist, 135, 649. Proj3Cts and proposals, Bene- detti treaty, 120, 591; Casi- mir-Perier, the, 132A, 631; Government, the, 129B, 623; Laboulaye amendment, 132C, 632; Robespierre's declara- tion of rights, 36, 160; Sen- ate's constitution, 90E, 446; Ventavon, the, 132B. 631. Proposals, government, 129B, 623. Protest of the Right, 12G, 53. Protestant sects, organic ar- ticles for, 64D, 307. Protests, of Paris deputies, 104C, 501 ; of Paris journalists, 104B, 501; of the Right, 12G, 53. Prussia. Diplomatic circular, 123B, 599; 123C, 601. Treaties, alliance against FYance, 100, 482; Basle, 48A, 206; Congress of Paris, 115, 560; preliminary, of Ver- sailles, 125, 607; proposed Benedettl, the, 120, 591; secret convention, 48B, 20S; with France (1807), 79C, 411; with France (1808), 79D, 415. INDEX 669 Public documents, dating oi. 27D. 129. Public enemies, law, 51, 254. Public meetings, law, 119, 580. Public order, 12B, 51. Public powers, constitutional laws on, 133B, 635; 133C, 63P. Public Safety, Committee 'of. 35, 159. Publication of debates, 117B, 575. Rambouillet, decree, 77G, 396. Re-election of Consul by Sc'n- ate, 66B, 324. Regent of France, declaration of, 30A, 145. Rejected decrees, the, 17, 97. Religion, convention and, 29, 133-%139; organic act upon, 291, 140. Religious freedom, 29D, 136. Religious policy, decree upon, 29A, 134. Reorganization, of administra- tive system, 60, 2S3; of array, 128, 618; of Germany, 69, 339; of judicial system, 9, 34 and 61, 288; of local government, 7, 24 and 127, 612; of religion, 64, 296. Replies and responses, of Chamber of Deputies, 103B, 492; King's acceptance of constitution, 15, 96; of King, 103c, 493; of Sardinia, 110B, 568. Republic. The first, transition to, 27, 128-129; unity and indivis- ibility of, 27E, 129. The second, constitution of, 110, 522; declaration upon, 109, 522; proclamation of, 107C, 516. The third, constitutional laws and amendments of, 133, 633-639; estabUshment of, 132, 631-632; relations with papacy, 136, 652. Term, use of, 83, 424. Republican calendar, 44, 191. Restoration monarchy, transi- tion to, 90, 443; press laws and ordinances of, 101. 4SS. Revolution, July, 104, 495 Revolutionary committees, 33, 167. Revolutionary decrees, the three, 20, 104. Revolutionary government, 43, 189. Revolutionary tribunal, 32, 151. Rhine, confederation of. See Confederation of the Rhine. Rights of man and citizen, declaration of, 5, 15. Rivet law, 124B, 604. Robespierre's proposed declar- ation of rights, 36, 160. Royal session, 3, 3. Russia. Treaties and conventions, al- liance against France, 100, 482 ; alliance against Na- poleon, 97, 469; alliance with Great Britain, 73, 372; Chaumont, 89, 440; Con- gress of Paris, 115, 560: Er- furt convention, 82, 421; Paris (1814), 91, 451; Paris (1815.), 99, 479; with France (1807), 79A, 405; with France (secret, 1807), 79B, 409. St. Ouen, declaration, 92, 455. Sardinia, reply to Austria, 116B, 568. ETenatus-consultum. Amendments, upon (1866), 117D, 577. Budget, upon (Dec. 31, 1861), 117C, 576. Constitution of Tear X ( 1802), 66E, 327. Constitution of Year XII (1804), 71, 343. Debates, upon (Feb. 2, 1561), 117B, 575. 670 INDEX Empire, upon (1S52), 114D, 559. Of May 21, 1870, 117H, 581. Of Sept. 8, 1869, 117G, 579. Organic, annexing Hollanii ana North Germany, 84D, 430; annexing papal states, 84B, 426. Powers of Senate, upon (1867) 117F, 579. Suppressing Tribunate (1807) 80, 417. Septennate, law, 131, 630. Senate. Consulate and First Empire, Act of, 90, 444; proposed constitution, 90E, 446; re- election of Napoleon Bona- parte, 56B, 324. Organization of (1875), 133A, 633. Second Empire, abolished, 122c, 596; senatus-consul- tum on powers of, 117F, 579. Simon, letter to MacMahon, 134B, 641. Sixteenth of May crisis, 134, 640. Slavery, decree upon (1794), 46, 204; decree upon (1S4S), 1071, 520; in colonies re-es- tablished, 68, 339. Socialist program, 135, 649. Sovereignty, liberty and, 28B, 130. Spain. Joseph Bonaparte King, 81 C, 421. Treaties and conventions, Fontainebleau, 81 A, 418; with France (1803), 70, 342; with France (1808), 81B, 420. Spanish monarchy, overthrow of, 81, 418. Speeches, of King, 103A, 491; of Prince-President, 114A, 553. (See also Address, Mes- sage.) States-general, royal session of, 3, 3. Supreme Being, worship of, 29E, 137. Suspects, law of, 41, 185. Target, declaration, 129D, 627. Tennis Court, 2, 2. ThierB, government of, 124, 603- 606; Orleanist manifesto of, 104D, 502; overthrow of, 129, 622. Tilsit, treaties, 79, 405-415. Tolentino, treaty of,- 52B. 257. Transition, to the Republic. 27, 128-129; to the Hestoration monarchy, 90, 443-450. Treaties. Alliance against France, 100, 482. Alliance against Napoleon, 97, 469. Amiens, 63, 294. Basle, 48A, 206. Benedetti (proposed), 120. 591. Campo Formlo, 55, 261. Chaumont, 89, 440. Establishing confederation, 78A, 398. Fontainebleau, 90G, 450. Great Britain and Russia, 73, 372. Hague. 49, 209. Holland, with, 76, 381. Holland, with, 84C, 42S. Lunfiville, 62, 290. Paris (1814), 91, 451. Paris (1815), 99, 479. Paris (1856), 115A, 561. Pope, with the (1796), 52A, 255. Pope, with the (1797), 52B, 257. Pressburg, 74, 375. Spain, with, 70, 342. Tilsit. 79, 405-415; with Prus- sia (1807), 79C, 411; with Prussia (1808), 79D, 415; with Russia, 79A, 405; with INDEX 671 Russia, 79B, 409; Turin, 116G, 573; VersaiUes, 125, 607; Vienna, 85, 4S0; Zu- rich, 116F, 572. (See also Conventions.) Tribunate, declaration, 66A, 324; suppression, 80, 417. Turin, treaty, 116G, 573. tJniversity, Imperial, 65C, 314. Yarennes. See King's Flight. Vedennes, address, 114B, 556. Ventavon, project, 132B, 63 L. Versailles, treaty, 125, 607. Vienna, treaty, 85, 430. Viiiafranca, armistice, 116E, 571. Wallon, amendment, 132D, 632. White Flag letter, 130, 627. ■Wtorkingmen, declaration, 107B, 516. Workshops, national, 107D, 517. Zurich, treaty, 116F, 672.