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ple were hostile to his views. Every thing, I beck has told us respecting the state of soon the contrary, has tended to convince me, ciety in France be true; if we are to bethat he has not only all along possessed lieve that the people there are as happy, at their entire affections, but that the wars least, as they are in this country, and he in which he was engaged have always been represents them as much happier; if we agreeable to them, and the chief cause of are to give credit to what he tells us the strong attachment which they have about the low price of land and of provi. uniformly shewn towards him, even when sions, the delightful appearance of the a reverse of fortuve placed him, in a great country, the high state of cultitation in measure, in the power of his enemies. In which he found it, the many excellent in, this there does not appear to be any symp- stitutions, and the wise code of laws by toms, that the people of France ever con- which the rights of the poorest person in sidered him a tyrant or an oppressor. If France are protected. If all this is to be they had, they would have assisted in held as true, and I have no doubt that it is keeping him down when he was down. true in every particular, and if it is equally Instead of hailing him, on his return from true that Napoleon is a tyrant, then would Elba, as their deliverer, they would have it follow that tyranny is the best calculated united as one man to oppose his reassump- of all forms of government to promote the tion of the government. If then it appears happiness of a people; that the arts and so very clear, that the French people the sciences, that every thing, in fact, con never thought Napoleon a tyrant or an ducive to the greatness and glory of a na. oppressor, never viewed him in the light of tion, flourish best under a military despota despot, never complained of what we, ism. If this principle is to be maintained, good tender souls, call the horrors of the it might indeed be believed that Napoleon conscription, never lamented the continu- is a tyrant, and that the French people acance of the war, but seem as ready at this tually prefer tyranny and despotism to a moment as ever to fight under so great a free representative government. But who captain. If the people of France, who that has any pretensions to common sense have the best right, the only right, to com- can entertain so absurd a doctrine. plain of these supposed grievances, never France is great and powerful only because troubled themselves in any way about her government possesses talent, and oethem, what right have we to set up a la- cupies itself incessantly with the public mentation on their behalf? Upon what welfare. Her people are happy only beprinciple is it that we affect to feel pity cause her laws and her institutions are and compassion for a nation that do not formed to promote happiness. No one want our pity ? And where is the pru- can say, that the now greatly improved dence, to say nothing of the injustice, of state of France is the consequence of what calling the sovereign of any people a ty. was called, the paternal sway of the sant, a despot, and an oppressor, when the Bourbons; for during the few months whole of that people have given so many of their continuance in France, they were unequivocal proofs of their entire satisfac- so much occupied with endeavouring to tion with his conduct? With these proofs give stability to their own power, that before our eyes, we must either admit that they had no leisure to attend to any thing Napoleon is not a tyrant, a despot, nor an else. Nor can it be attributed to the maoppressor, or we must apply these insult- nagement of those in whose hands the going and degrading epithets to the whole vernment was placed during the early peo population of France. He is the man of riod of the revolution. They, no doubt, their choice. They have declared that did much to clear away the rubbish but they will not submit to another. After it was not till Napoleon was called to fill identifying themselves, as it were, with the office of Chief Magistrate; it was not this wonderful man, in so pointed a man- till after many years of incessant labour ner, every attack made upon him must be and inconceivable anxiety on the part of held as an attack upon the French people; this most extraordinary man, that France every abusive expression applied to him reached that state of greatness and prosmust be considered as intended to apply perity, in which we now find her, and as to that great nation. There is, besides, a he is described by the impartial pen of deal of inconsistency in maintaining that Mr. Birkbeck. If that gentleman should Napoleon is a tyrant. If what Mr. Birk- be induced to present the public with ano
ther edition of his interesting tour, I am | tem, which we had adopted as conformnot without hopes that he will profit by able to the spirit of the age, and favourmy remarks, and either expunge the ob- able to the progress of civilization. In noxious expressions to which I have al- order to attain its completion, and to give luded, or give such an explanation of it all the extent and stability of which it them as will clear him from the charge of was susceptible, we postponed the estainconsistency; for it appears to me ut-blishment of many internal institutions, terly impossible in any man to read his more particularly destined to protect the book, even with a slight degree of atten- liberty of the citizens. Ilenccforward our tion, and not be convinced, that all that only object is to encrease the prosperity of has been said about Napoleon being a France, by the confirmation of public tyrant, and about his having oppressed liberty. llence respect and the necessity of and desolated France, is entirely destitute various important modifications of the conof foundation.
stitutions, the senatus-consulta, and other In the concluding part of Mr. Birk- acts which govern this empire. For these beck's tour, be remarks,
causes, wishing, on the one hand, to retain It is due from ns to add, that in the course of of the passed what was good and salutary, our enquiries on every topic we met with vo ine and on the other, to render the constitustance of incivility; no reserve or appearance of tions of our empire in every thing consuspicion. It was thus from the north to the ex; formable to the national wishes and wants treine south; and in whatever direction we had shaped onr course, I am satisfied we should have as well as to the state of peace which we experienced the same kind reception. And, in desire to maintain with Europe, we have our own coontry, wherever an intelligent French resolved to propose to the people a series nian shall present himself, prepared to commm... of arrangements tending to modify and imcate, and anxious to obtain information, he will be received as we were received in France ;
prove its Constitutional Acts; to strengthen making some allowance for a degree of jealousy the rights of citizens by every guarantee, among the manufacturers, not incompatible with
, to give the representative system its whole personal benevolence, but arising from particular extention, to invest the intermediate bodies circumstances which might render competition with the desirable respectability and rnjuonis. A sufficient proof that we are not natura' enemies! “ Les peuples ne s'entrehäissent pas,' power,-in one word, to combine the as I liéard many of the French exclaim. How highest degree of political liberty and inlong then shall forty millions of civilized people, dividual security, with the force and cenin the two countries, remaiu the dupes of obat tralization necessary for causing the indewretched and disgraceful policy, by which govern. ments foment perpetual rivalship and war, under pendence of the French people to be rethe hackneyed plea of supporting social order and spected by foreigners, and to the dignity religion, and
of our crown. In consequence, the fol. * Make enemies of nations who had else, Like kindred drops, beeu mingled into one.”
lowing articles, forming an act supplementary to the constitutions of the empire,
shall be submitted to the free and solemn FRENCII CONSTITUTION. acceptance of all citizens throughout the
whole extent of France: ACT ADDITIONAL TO THE CONSTITUTIONS
Article 1. The constitutions of the emOF THE EMPIRE. Napoleon, by the grace of God and the the 22d Frimaire, year 8, the Senatus Con
pire, particularly the constitutional act of Constitutions, Emperor ofthe French, sulta of the 14 and 16 Thermidor, year 10, to all present and to come greeting.
and of the 28 Floreal, year 12, shall be Since we were called, fifteen years ago, modified by the arrangements which folto the government of the State by the low. All other arrangements are conwishes of France, we endeavoured, at va- firmed and maintained. rious times, to improve the constitutional 2. The Legislative Power is exercised forms, according to the wants and desires by the Emperor and two Chambers. of the nation, and profiting by the lessons 3. The first Chamber, called the Chamof experience. The constitutions of the ber of Peers, is hereditary. empire were thus formed of a series of acts 4. The Emperor appoints its Members, which were sanctioned by the acceptance who are irrevocable, they and their male of the people. It was then our object to descendants, from one eldest son to anoprganise a grand federative European sys- I ther. The number of Peers is unlimited
Adoption does not transmit to him who is when its publicity does not compromise its object, the dignity of the Peerage. Peers the interest of the State. take their seats at twenty-one years
age, 20. The sittings of the two Chambers but have no deliberative voice till twenty- are public. They may, however, go into five.
secret committee, the P-ers on the demand 5. The Arch-Chancellor of the Em- of ten, and the representatives on the depire is President of the Chamber of Peers, mand of twenty-five members. Governor in certain cases a Member of the Cham- ment may also require secret committees ber specially designated by the Emperor. when it has communications to make. In:
6. The Members of the Imperial l'a- all cases deliberation and rote can only be mily, in hereditary order, are Peers of in public sitting. right. They take their seats at 18 years 21. The Emperor may prorogue, adef age, but have no deibsrate voice till 21. journ, and dissolve the Chamber of Repre.
7. The second Chamber, called that of sentatives. The Proclamation which proRepresentatives, is elected by the people. nounces the dissolution convokes the Elec,
8. Its members are 629 in number. toral Colleges for a new election; and They must be 25 years old at least. fixes the meeting of representatives within
9. Their President is appointed by the six months at the farthest. Chamber, at the opening of the first Ses- 22. During the recess of sessions of the sion. He retains his functions till the re- Chambers of Representatives, or in case of newal of the Chamber. Ilis nomination its dissolution, the Chamber of Peers canis submitted to the approbation of the Em- not meet. peror.
23. Government has the proposal of 10. This Chamber verifies the powers of laws; the Chambers can propose amendits Members, and pronounces on the vali- ments; if these amendments are not adoptdity of contested electious.
ed by Government, the Chambers are 11. Its Members receive for travelling bound to vote on the law such as it was expenses, and during the Session, the pay proposed. decreed by the Constituent Assembly:
24. The Chambers have the power of 12. They are indefinitely re-eligible. inviting Government to propose a law on
13. The Chamber of Representatives is a determinate object, and to draw up what of right wholly renewed every five years. it appears to them proper to insert in the
14. No Member of either Chamber can law. This claim may be made by either be arrested, except in FLAGRANTE DELIC- Chamber. To, nor prosecuted in any criminal or cor- 25. When a Bill is adopted in either rectional matter during a Session, but in Chamber, it is carried to the other; and if virtue of a resolution of the Chamber of there approved, it is carried to the Emwhich he forms a part.
peror. 13. None can be arrested or detained 26. No written discourse, excepting refor debt, from the date of convocation, nor ports of Committees, of Ministers on laws, for forty days after the Session.
and accounts, can be read in either Cham16. In criminal or correctional matters ber. Peers are judged by their Chamber, ac- TITLE 11.-OF ELECTORAL COLLEGES AND cording to prescribed forms.
17. The office of peer and representa- 27. The Electoral Colleges of Departe tive is compatible with all other public ment and Arrondissement are maintained, functions, except those of matters of ac- with the following modifications : count (comptables); prefects and sub-pre- 28. The Cantonal Assemblies will year. fects are, however, ineligible.
ly fill up by elections all the vacancies in 18. The Emperor sends to the Cham- electoral colleges. bers Ministers and Counsellors of State, 29. Dating from 1814, a Member of the who sit there and take part in the debates, Chamber of Peers appointed by the Empehut have no deliberative voice unless they ror shall be President for life, and irremoare peers or elected by the people. vable of every Electoral College of De
19. The Ministers, thus Members of partment. either Chamber, or sitting there by mission 30. Dating from the same period, the from Government, give to the Chambers Electoral College of every Department such information as is deemed necessary, I shall appoint, among the Members of each
THE MODE OF ELECTION.
college of arrondissement, the president, ber of Representatives, and are tried by and two vice-presidents. For that pur- that of Peers. pose, the meeting of the departmental col- 41. Every Minister, every Commandant leges shall precede by a fortnight that off of armed force, by land or sea, may be acthe college of arrondissement.
cused by the Chamber of Representatives, 31. The colleges of department and ar- and tried by that of Peers, for having comrondissement shall appoint the number of promised the safety or honour of the narepresentatives fixed for each in the table tion. adjoined.
12. The Chamber of Peers, in that case, 32. The representatives may be chosen exercises a discretional power either in indiscriminately from the whole extent of classing the offence or mitigating the France. Every college of department or punishment. arrondissement which shall choose a mem- 13. Before placing a Minister in acéu. ber out of its bounds, shall appoint a sup-sation, the Chamber of Representatives plementary member, who must be taken must declare that there is ground for exfrom the department or arrondissement. amining the charge.
33. Manufacturing and commercial in- 44. This declaration can only be made dustry and property, shall have special on the report of a Committee of 60, drawn representatives. The election of commer- by lot. This Committee must make its cial and manufacturing representatives report in 10 days or sooner after its nomishall be made by the electoral college of nation. department, from a list of persons eligible, 45. When the Chamber declares there is drawn up by the Chambers of Commerce, ground for enquiry, it may call the Miand the Consultative Chambers united. nister before them to demand explanaTITLE III.-OF TAXATION.
tions, at least within 10 days after the re34. The general direct tax, whether on port of the Committee. land or moveables, is voted only for ove 46. In no other case can Ministers in year: indirect taxes may be voted for se- oflice be summoued or ordered by the veral years. In case of the dissolution of Chambers. the Chamber of Representatives, the taxes 47. When the Chamber of Represenvoted in the preceding session are conti- tatives has declared that there is ground nued till the next meeting of the Chamber. for inquiry againstemi s, a new com
35. No tax, direct or indirect, in money mittee of 60 úrawn by lot is formed, who or kind, can be levied, no loan contracted, are to make a new report on the placing in no inscription in the great book of the accusation. This committee makes its republic debt can be made, no domain alien- port 10 days after its appointment. ated or sold, no levy of men for the army 48. The placing in accusation is not to ordered, no portion of territory exchanged, take place till 10 days after the report is but in virtue of a law.
read and distributed. 36. No proposition of tax, loan, or levy 49. The accusation being pronounced, of men, can be made but to the Chamber the Chamber appoints five of its members of Representatives.
to prosecute the charge before the Peers. 37. Before the same Chamber must be 50. The 75th art. of the constitutional laid, in the first instance, 1. The General acts of the 22d Frimaire, year 8, importing Budget of the State, containing a view of that the agents of government can only be the receipts, and the proposal of the funds prosecuted in virtue of a decision of the assigned for the year, to each department Council of State, shall be modified by a of service: 2. The account of the receipts law. and expences of the year or of preceding TITLE V.-OF THE JUDICIAL POWER. years.
51. The Emperor appoints all Judges. TITLE IV.-OF MINISTERS, AND OF RE- | They are irremovable and for life from the SPONSIBILITY.
moment of there appointment; but the no38. All the acts of Government must mination of Justices of Peace, and Judges be countersigned by a Minister in office. of Commerce, shall take place as formerly.
39. The Ministers are responsible for The existing Judges, appointed by the acts of Government signed by them, as Emperor in terms of the Senatus Consulwell as for the execution of the laws. tum of the 12th Oct. 1807, and whom he
40. They may be accused by the Cham-I shall think proper to retain, shall recei re
provisions for life before the 1st of Japu- the petition. They are publicly read;
and if the Chambers take them into consi. 52. The institution of juries is main- deration, they are laid before the Emperor tained.
by the President. 53. The discussions on criminal trials 66. No fortress, no portion of territory, shall be public.
can be declared in a state of siege, but in 51. Military offences alone shall be case of invasion by a foreign force, or of tried by military tribunals.
civil broils. In the former case the decla55. All other offences, even those com- ration is made by an act of the Governmitted by military men, are within the ju- ment. In the latter it can only be done by risdiction of civil tribunals.
the law. However, should the two Chan56. All the crimes and offences which bers not then be sitting, the act of the Go. were appropriated for trial to the high | verment, declaring the state of siege, must Imperial Court, and of which this act does be converted into a plan of law within a not reserve the trial to the Chamber of fortnight after the meeting of the ChamPeers, shall be brought before the ordi- bers. nary tribunals.
67. The French People moreover de 57. The Emperor has the right of par-elare, that in the delegation which it has don, even in correctional cases, and of made and makes of its powers, it has not granting amnesties.
meant, and does not mean to give a right 58. Interpretations of laws demanded to propose the reinstatement of the Bourby the Court of Cassation shall be given bons, or any Prince of that family on the in the form of a law,
throne, eren in case of the extinction of TITLE VIGRIGHTS OF CITIZENS. the Imperial dynasty; nor the right of re59 Frenchmen are equal iu the eye of establishing either the ancient feudal nobithe law, whether for contribution to taxes lity, or the feudal and scignorial rights, or and public burthens, or for admission to tithes, or any privileged or predominant civil and military employments.
religion; nor the power to alter the irre60. No one, under any pretext, can be vocability of the sale of the national dowithdrawn from the judges assigned to mains; it formally interdicts to the Gohim by law.
veroment, the Chambers, and the Citizens, 61. No one can be prosecuted, arrested, all propositions on that subject. detained, or exiled, but in cases provided Given at Paris, April 22, 1815. for by law, and according to the prescribed
By the Emperor, 62. Liberty of worship is guaranteed to The Minister Secretary of State, all.
(Signed) The Duke of BASSANO. 63. All property possessed or acquired in virtue of the laws, and all debts of the
Then follows a decree regulating the state, are inviolable.
proportion of representatives for cach de64. Every citizen has a right to print partment, who are in all to be 605. and publish his thoughts, on signing them,
Another decree appoints 23 Deputies to without any previous censorship, liable at be nominated for all the arrondissements, the same time, after publication, to' legal from among merchants, ship owners, bankresponsibility by trial by jury, even where ers, and manufacturers. They shall be there is ground only for the application chosen by the electoral colleges, out of of a constitutional penalty.
lists presented by every department. 65. The right of petitioning is secured Then follows a decree for opening reto all the citizens. Every petition is indi. gisters in which the votes on the constituvidual. Petitions may be addressed either tion are to be inscribed. They are to be to Government or to the two Chambers; open ten days. The act of the constitunevertheless, even the latter must also be tion is also to be sent to the army and entitled “To the Emperor." They shall nary. The assembly of the field of May, be presented to the Chambers under the for examining the votes, &c. is appointed guarantee of a member who recommends for the 26th May.
Pripted and Published by G. Houston, No. 192, Strand; wbere all Communications addressed to
the Editor, are requested to be forwarded,