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beck has told us respecting the state of society in France be true; if we are to believe that the people there are as happy, at least, as they are in this country, and he represents them as much happier; if we are to give credit to what he tells us about the low price of land and of provisions, the delightful appearance of the country, the high state of cultivation in which he found it, the many excellent institutions, and the wise code of laws by which the rights of the poorest person in France are protected. If all this is to he held as true, and I have no doubt that it is true in every particular, and if it is equally true that Napoleon is a tyrant, then would it follow that tyranny is the best calculated of all forms of government to promote the happiness of a people; that the arts and the sciences, that every thing, in fact, conducive to the greatness and glory of a nation, flourish best under a military despotism. If this principle is to be maintained, it might indeed be believed that Napoleon is a tyrant, and that the French people actually prefer tyranny and despotism to a free representative government. But who that has any preteusions to common sense can entertain so absurd a doctrine.France is great and powerful only because her government possesses talent, and oe

ple were hostile to his views. Every thing, on the contrary, has tended to convince me, that he has not only all along possessed their entire affections, but that the wars in which he was engaged have always been agreeable to them, and the chief cause of the strong attachment which they have uniformly shewn towards him, even when a reverse of fortune placed him, in a great measure, in the power of his enemies. In this there does not appear to be any symptoms, that the people of France ever considered him a tyrant or an oppressor. If they had, they would have assisted in keeping him down when he was down. Instead of hailing him, on his return from Elba, as their deliverer, they would have united as one man to oppose his reassumption of the government. If then it appears so very clear, that the French people never thought Napoleon a tyrant or an oppressor, never viewed him in the light of a despot, never complained of what we, good tender souls, call the horrors of the conscription, never lamented the continuance of the war, but seem as ready at this moment as ever to fight under so great a captain. If the people of France, who have the best right, the only right, to complain of these supposed grievances, never troubled themselves in any way about them, what right have we to set up a la-cupies itself incessantly with the public mentation on their behalf? Upon what principle is it that we affect to feel pity and compassion for a nation that do not want our pity? And where is the prudence, to say nothing of the injustice, of calling the sovereign of any people a tyrant, a despot, and an oppressor, when the whole of that people have given so many unequivocal proofs of their entire satisfaction with his conduct? With these proofs before our eyes, we must either admit that Napoleon is not a tyrant, a despot, nor an oppressor, or we must apply these insulting and degrading epithets to the whole population of France. He is the man of their choice. They have declared that they will not submit to another. After identifying themselves, as it were, with this wonderful man, in so pointed a manner, every attack made upon him must be held as an attack upon the French people; every abusive expression applied to him must be considered as intended to apply to that great nation. There is, besides, a deal of inconsistency in maintaining that Napoleon is a tyrant. If what Mr. Birk

welfare. Her people are happy only because her laws and her institutions are formed to promote happiness. No one can say, that the now greatly improved state of France is the consequence of what was called, the paternal sway of the Bourbons; for during the few months of their continuance in France, they were so much occupied with endeavouring to give stability to their own power, that they had no leisure to attend to any thing else. Nor can it be attributed to the management of those in whose hands the government was placed during the early pe riod of the revolution. They, no doubt, did much to clear away the rubbish but it was not till Napoleon was called to fill the office of Chief Magistrate; it was not till after many years of incessant labour and inconceivable anxiety on the part of this most extraordinary man, that France reached that state of greatness and prosperity, in which we now find her, and as he is described by the impartial pen of Mr. Birkbeck. If that gentleman should be induced to present the public with ano

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tem, which we had adopted as conformable to the spirit of the age, and favourable to the progress of civilization. order to attain its completion, and to give it all the extent and stability of which it was susceptible, we postponed the esta

ther edition of his interesting tour, I am
not without hopes that he will profit by
my remarks, and either expunge the ob-
noxious expressions to which I have al-
luded, or give such an explanation of
them as will clear him from the charge of
inconsistency; for it appears to me ut-blishment of many internal institutions,
terly impossible in any man to read his
book, even with a slight degree of atten-
tion, and not be convinced, that all that
has been said about Napoleon being a
tyrant, and about his having oppressed
and desolated France, is entirely destitute
of foundation.

In the concluding part of Mr. Birkbeck's tour, be remarks,

more particularly destined to protect the liberty of the citizens. Henceforward our only object is to encrease the prosperity of France, by the confirmation of public liberty. Hence res the necessity of various important modifications of the constitutions, the senatus-consulta, and other acts which govern this empire. For these causes, wishing, on the one hand, to retain of the passed what was good and salutary, and on the other, to render the constitutions of our empire in every thing conformable to the national wishes and wants as well as to the state of peace which we desire to maintain with Europe, we have

It is due from ns to add, that in the course of our enquiries on every topic we met with no instance of incivility; no reserve or appearance of suspicion. It was thus from the north to the extreme south; and in whatever direction we had shaped our course, I am satisfied we should have experienced the same kind reception. Aud, in our own country, wherever an intelligent French-resolved to propose to the people a series man shall present himself, prepared to communi- 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 reuder competition with the desirable respectability and rninous. A sufficient proof that we are not natura' enemies!" Les peuples ne s' entrehäissent pas, power,-in one word, to combine the as I heard 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, remain the dupes of that wretched and disgraceful policy, by which govern. tralization necessary for causing the indements 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

"Make enemies of nations who had else,
Like kindred drops, been mingled into one."

FRENCH CONSTITUTION.

ACT ADDITIONAL TO THE CONSTITUTIONS
OF THE EMPIRE.

of our crown. In consequence, the fol lowing articles, forming an act supplementary to the constitutions of the empire, shall be submitted to the free and solemn acceptance of all citizens throughout the whole extent of France:

TITLE I.

Article 1. The constitutions of the emthe 22d Frimaire, year 8, the Senatus Conpire, particularly the constitutional act of sulta of the 14 and 16 Thermidor, year 10, and of the 28 Floreal, year 12, shall be modified by the arrangements which follow. All other arrangements are confirmed and maintained.

Napoleon, by the grace of God and the Constitutions, Emperor of the French, toll present and to come greeting. Since we were called, fifteen years ago, to the government of the State by the wishes of France, we endeavoured, at various times, to improve the constitutional forms, according to the wants and desires d of the nation, and profiting by the lessons of experience. The constitutions of the 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 anoorganise a grand federative European sys-ther. The number of Peers is unlimited.

2. The Legislative Power is exercised by the Emperor and two Chambers.

3. The first Chamber, called the Chamber of Peers, is hereditary.

Adoption does not transmit to him who is its object, the dignity of the Peerage. Peers take their seats at twenty-one years of age, but have no deliberative voice till twentyfive.

5. The Arch-Chancellor of the Empire is President of the Chamber of Peers, or in certain cases a Member of the Chamber specially designated by the Emperor.

6. The Members of the Imperial Family, in hereditary order, are Peers of right. They take their seats at 18 years of age, but have no deliberate voice till 21. 7. The second Chamber, called that of Representatives, is elected by the people. 8. Its members are 629 in number. They must be 25 years old at least.

9. Their President is appointed by the Chamber, at the opening of the first Session. He retains his functions till the renewal of the Chamber. His nomination is submitted to the approbation of the Emperor.

when its publicity does not compromise the interest of the State.

20. The sittings of the two Chambers are public. They may, however, go into secret committee, the Peers on the demand of ten, and the representatives on the demand of twenty-five members. Government may also require secret committees when it has communications to make. In all cases deliberation and vote can only be in public sitting.

21. The Emperor may prorogue, adjourn, and dissolve the Chamber of Repre sentatives. The Proclamation which pronounces the dissolution convokes the Electoral Colleges for a new election; and fixes the meeting of representatives within six months at the farthest.

22. During the recess of sessions of the Chambers of Representatives, or in case of its dissolution, the Chamber of Peers cannot meet.

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 elections. ed by Government, the Chambers are bound to vote on the law such as it was proposed.

11. Its Members receive for travelling expenses, and during the Session, the pay decreed by the Constituent Assembly.

12. They are indefinitely re-eligible. 13. The Chamber of Representatives is of right wholly renewed every five years.

14. No Member of either Chamber can be arrested, except in FLAGRANTE DELICTo, nor prosecuted in any criminal or correctional matter during a Session, but in virtue of a resolution of the Chamber of which he forms a part.

15. None can be arrested or detained for debt, from the date of convocation, nor for forty days after the Session.

16. In criminal or correctional matters Peers are judged by their Chamber, according to prescribed forms.

17. The office of peer and representative is compatible with all other public functions, except those of matters of account (comptables); prefects and sub-prefects are, however, ineligible.

24. The Chambers have the power of inviting Government to propose a law on a determinate object, and to draw up what it appears to them proper to insert in the law. This claim may be made by either Chamber.

25. When a Bill is adopted in either Chamber, it is carried to the other; and if there approved, it is carried to the Em.

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18. The Emperor sends to the Cham-electoral colleges. bers Ministers and Counsellors of State, who sit there and take part in the debates, but have no deliberative voice unless they are peers or elected by the people.

19. The Ministers, thus Members of either Chamber, or sitting there by mission from Government, give to the Chambers such information as is deemed necessary,

29. Dating from 1814, a Member of the Chamber of Peers appointed by the Empe ror shall be President for life, and irremo❤ vable of every Electoral College of Department.

30. Dating from the same period, the Electoral College of every Department shall appoint, among the Members of each

college of arrondissement, the president and two vice-presidents. For that purpose, the meeting of the departmental colleges shall precede by a fortnight that of the college of arrondissement.

31. The colleges of department and arrondissement shall appoint the number of representatives fixed for each in the table adjoined.

ber of Representatives, and are tried by that of Peers.

41. Every Minister, every Commandant of armed force, by land or sea, may be accused by the Chamber of Representatives, and tried by that of Peers, for having compromised the safety or honour of the nation.

42. The Chamber of Peers, in that case, exercises a discretional power either in classing the offence or mitigating the punishment.

32. The representatives may be chosen indiscriminately from the whole extent of France. Every college of department or arrondissement which shall choose a mem- 43. Before placing a Minister in accuber 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 industry and property, shall have special representatives. The election of commercial and manufacturing representatives shall be made by the electoral college of department, from a list of persons eligible, drawn up by the Chambers of Commerce, and the Consultative Chambers united.

TITLE III.-OF TAXATION.

34. The general direct tax, whether on land or moveables, is voted only for one year: indirect taxes may be voted for several years. In case of the dissolution of the Chamber of Representatives, the taxes voted in the preceding session are continued till the next meeting of the Chamber. 35. No tax, direct or indirect, in money or kind, can be levied, no loan contracted, no inscription in the great book of the public debt can be made, no domain alienated or sold, no levy of men for the army ordered, no portion of territory exchanged,

but in virtue of a law.

36. No proposition of tax, loan, or levy of men, can be made but to the Chamber of Representatives.

37. Before the same Chamber must be laid, in the first instance, 1. The General Budget of the State, containing a view of the receipts, and the proposal of the funds assigned for the year, to each department of service: 2. The account of the receipts and expences of the year or of preceding

years.

TITLE IV. OF MINISTERS, AND OF RE

SPONSIBILITY.

38. All the acts of Government must be countersigned by a Minister in office.

39. The Ministers are responsible for acts of Government signed by them, as well as for the execution of the laws.

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49. The accusation being pronounced, the Chamber appoints five of its members to prosecute the charge before the Peers.

50. The 75th art. of the constitutional acts of the 22d Frimaire, year 8, importing that the agents of government can only be prosecuted in virtue of a decision of the Council of State, shall be modified by a law.

TITLE V.-OF THE JUDICIAL POWER,

51. The Emperor appoints all Judges. They are irremovable and for life from the moment of there appointment; but the nomination of Justices of Peace, and Judges of Commerce, shall take place as formerly.

The existing Judges, appointed by the Emperor in terms of the Senatus Consultum of the 12th Oct. 1807, and whom he 40. They may be accused by the Cham-shall think proper to retain, shall recei re

provisions for life before the 1st of Janu

ary next.

52. The institution of juries is maintained.

53. The discussions on criminal trials shall be public.

51. Military offences alone shall be tried by military tribunals.

55. All other offences, even those committed by military men, are within the jurisdiction of civil tribunals.

56. All the crimes and offences which were appropriated for trial to the high Imperial Court, and of which this act does not reserve the trial to the Chamber of Peers, shall be brought before the ordinary tribunals.

57. The Emperor has the right of pardon, even in correctional cases, and of granting amnesties.

58. Interpretations of laws demanded by the Court of Cassation shall be given in the form of a law.

TITLE VI. RIGHTS OF CITIZENS.

59 Frenchmen are equal in the eye of the law, whether for contribution to taxes and public burthens, or for admission to civil and military employments.

60. No one, under any pretext, can be withdrawn from the judges assigned to him by law.

61. No one can be prosecuted, arrested, detained, or exiled, but in cases provided for by law, and according to the prescribed forms.

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the petition. They are publicly read; and if the Chambers take them into consideration, they are laid before the Emperor by the President.

66. No fortress, no portion of territory, can be declared in a state of siege, but in case of invasion by a foreign force, or of civil broils. In the former case the declaration is made by an act of the Government. In the latter it can only be done by the law. However, should the two Chambers not then be sitting, the act of the Goverment, declaring the state of siege, must be converted into a plan of law within a fortnight after the meeting of the Chambers.

67. The French People moreover declare, that in the delegation which it has made and makes of its powers, it has not meant, and does not mean to give a right to propose the reinstatement of the Bourbons, or any Prince of that family on the throne, even in case of the extinction of the Imperial dynasty; nor the right of reestablishing either the ancient feudal nobility, or the feudal and seignorial rights, or tithes, or any privileged or predominant religion; nor the power to alter the irrevocability of the sale of the national domains; it formally interdicts to the Go vernment, the Chambers, and the Citizens, all propositions on that subject. Given at Paris, April 22, 1815. (Signed)

NAPOLEON.

By the Emperor, The Minister Secretary of State, (Signed) The Duke of BASSANO.

Then follows a decree regulating the proportion of representatives for each department, who are in all to be 605.

Another decree appoints 23 Deputies to be nominated for all the arrondissements, from among merchants, ship owners, bankers, and manufacturers. They shall be chosen by the electoral colleges, out of lists presented by every department.

Then follows a decree for opening re

65. The right of petitioning is secured to all the citizens. Every petition is indi-gisters in which the votes on the constituvidual. Petitions may be addressed either to Government or to the two Chambers; nevertheless, even the latter must also be entitled "To the Emperor." They shall be presented to the Chambers under the guarantee of a member who recommends

tion are to be inscribed. They are to be open ten days. The act of the constitu tion is also to be sent to the army and navy. The assembly of the field of May, for examining the votes, &c. is appointed for the 26th May.

Printed and Published by G. HOUSTON, No. 192, Strand; where all Communications addressed to the Editor, are requested to be forwarded.

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