375. None of the powers instituted by the Constitution has the right to change it in its entirety or in any of its parts, saving the reforms which can be effected by way of revision in accordance with the provisions of title XIII.

376. The citizens shall recall without ceasing that it is upon the wisdom of the choices in the primary and electoral assemblies that the duration, preservation, and prosperity of the Republic principally depend.

377.

The French people entrust the safe keeping of the present Constitution to the fidelity of the Legislative Body, the Executive Directory, the administrators and the judges; to the vigilance of the fathers of families; to the husbands and the mothers; to the affection of the young citizens; to the courage of all the French.

51. Law against Public Enemies.

April 16, 1796 (27 Germinal, Year IV), Duvergier, Lois, IX, 79-80.

The period of the Directory (1795-1799) was marked by numerous harsh measures against the classes demoninated public enemies. This law shows some of the classes which were regarded as public enemies and the character of the penalties employed against them. See also No. 56.

REFERENCE. Aulard, Revolution Francaise, 580-581.

I. All those are guilty of crime against the internal security of the Republic and against the personal security of the citizens, and shall be punished with death, in conformity with article 612 of the code of offences and penalties, who, by their discourses or by their printed writings, whether distributed or posted, seek to effect the dissolution of the national representation or that of the Executive Directory, or the murder of all or any of the members who compose them, or the re-establishment of the monarchy, or that of the Constitution of 1793, or that of the Constitution of 1791, or of any government other than that established by the Constitution of the Year III, as accepted by the French people, or the invasion of public properties, or the pillage or partition of individual properties, under the name of an agrarian law, or in any other

manner.

The penalty of death mentioned in the present article shall be commuted to that of deportation, if the jury declares that there were extenuating circumstances in the offence.

5. Every gathering in which provocations of the nature of those mentioned in article I are made takes the character of a seditious mob

9. Every person who shall appear in public wearing a rallying symbol other than the national cockade shall be arrested and punished with one year of imprisonment, by way of correctional police.

52. Treaties with the Pope.

In 1796-7 during the intervals between his Italian campaigns against the Austrians Napoleon Bonaparte turned his attention to the states of northern and central Italy. Some he revolutionized, others he did not. These documents show how the states which were not revolutionized were treated.

REFERENCES. Fyffe, Modern Europe, I, 135-136 (Popular ed., 91-92); Fournier, Napoleon, 84-85, 93-95; Rose, Napoleon, I, 9395, 125-126: Sioane, Napoleon, I, 211, 260-262; Lanfrey, Napoleon, 101-104, 124-127, 155-157; Lavisse and Rambaud, Histoire Generale, VIII, 436-439.

A. Suspension of Hostilities. June 23, 1796 (5 Messidor, Year IV). De Clercq, Traites, I, 276-277.

1. Wishing to give proof of the regard which the French government has for His Majesty, the King of Spain, the General-in-Chief and the undersigned Commissioners grant a suspension of hostilities to His Holiness, dating from to-day until five days after the end of the negotiations which are about to be entered upon at Paris for the conclusion of a definitive peace between the two States.

2. The Pope shall send as soon as possible a Plenipotentiary to Paris in order to obtain from the Executive Directory the definitive peace, offering for it the necessary reparations for outrages and losses, and especially the murder of Basseville and the damages due to his family.

3. All persons imprisoned in the States of the Pope on account of their political opinions shall be immediately set at liberty and their property shall be restored.

4. The ports of the States of the Pope shall be closed to the vessels of the Powers at war with France and open to French vessels.

5. The French army shall continue to remain in possession of the legations of Bologna and Ferrara, and shall evacuate that of Faenza.

6. The citadel of Ancona, with its artillery, supplies and provisions, shall be put in the hands of the French army within six days.

7. The city of Ancona shall continue to remain under the civil government of the Pope.

8. The Pope shall deliver to the French Republic one hundred pictures, busts, vases or statues at the choice of the commissioners who shall be sent to Rome, among which articles shall be particularly included the bronze bust of Junius Brutus and that in marble of Marcus Brutus, the two placed upon the Capitol, and five hundred manuscripts at the choice of the same commissioners.

9. The Pope shall pay to the French Republic 21 million livres French money, of which 15,500,000 livres shall be in specie or ingots of gold or silver and the remaining 5,500,000 in commodities, merchandise, horses, and cattle, according to the requisition which shall be made for them by the Agents of the French Republic.

The 15,500,000 livres shall be paid in three periods, to wit: 5 million within 15 days, 5 within a month, and the 5,500,000 within three months. The 5,500,000 in commodities, merchandise, horses, and cattle, as fast as demands are made, shall be delivered in the ports of Genoa, Leghorn, and other places occupied by the army, which shall be designated.

The sum of 21 millions mentioned in the present article is independent of the contributions which are or shall be levied in the legations of Bologna, Ferrara, and Faenza.

10. The Pope shall be required to give passage to the troops of the French Republic, whenever it shall be demanded of him. The provisions which shall be furnished them shail be paid for by mutual agreement.

B. Treaty of Tolentino. February 19, 1797 (1 Ventôse, Year V). De Clercq, Traites, I, 313-316.

The General-in-Chief Bonaparte, commanding the army of Italy, and Citizen Cacault, Agent of the French Republic in Italy Plenipotentiaries of His Holi

and

ness, have agreed upon the following articles:

I. There shall be peace, friendship, and good understanding between the French Republic and Pope Pius VI.

2. The Pope revokes every written or secret adhesion, consent, and accession given by him to the armed coalition against the French Republic and to every treaty of offensive or defensive alliance with any Power or State whatsoever. He binds himself, as well for the existing war as for wars in the future, not to furnish to any of the Powers in arms against the French Republic any assistance in men, vessels, arms, munitions of war, provisions and money by any title or under any denomination whatsoever.

4. The warships or privateers of Powers in arms against the Republic shall not be permitted to enter, and still less to remain, during the present war, into the ports and roadsteads of the Ecclesiastical State.

5. The French Republic shall continue to enjoy, as before the war, all the rights and prerogatives which France had at Rome, and in everything shall be treated as are the most favored Powers, and especially in respect to its Ambassador, or Minister, Consuls, and Vice-Consuls.

6. The Pope renounces unconditionally all the rights to which he could lay claim upon the cities and territory of Avignon, the County of Venaissin and its dependencies, and transfers, cedes, and abandons the said rights to the French Republic.

7. The Pope also forever renounces, cedes, and transfers to the French Republic all his rights to the territories known under the names of the Legations of Bologna, Ferrara and Romagna: no attack shall be made upon the Catholic religion in the said Legations.

8. The city, citadel, and villages forming the territory of

the city of Ancona shall remain with the French Republic until the continental peace.

12.

The Pope shall pay to the French Republic in coin, diamonds, or other valuables, the sum of 15,000,000 Tours livres of France, of which 10,000,000 shall be in the course of the month of March and 5,000,000 in the course of the following April.

53. Law upon British Products.

October 31, 1796 (10 Brumaire, Year V). Duvergier, Lois, IX, 210-213.

This document has a double interest. It shows one of the methods employed by the Directory in the war against England and it contains the germ of that policy which Napoleon subsequently developed into the Continental system. The states dependent upon France were easily induced to adopt similar measures.

REFERENCES. Rose, Napoleon, I, 134-137; Sloane, Napoleon, II, 95-96, and English Historical Review, VIII, 704-725; Mahan, Sea Power French Revolution, II, 248-251.

I. The importation of manufactured merchandise, the product of English manufacture or commerce, is prohibited, both by land and by sea, within the entire extent of the French Republic.

2. No vessel loaded in whole or in part with the said merchandise shall enter into the ports of the Republic under any pretext whatsoever, on penalty of being seized immediately; saving, nevertheless, the application of the law of 23 Brumaire, Year III, in the cases for which it has provided.

5. Whatever may have been their origin, the following articles imported from abroad are reputed to be the product of English manufactures:

Ist. Every kind of cotton velvet and all fabrics and cloths of wool, cotton and hair or mixtures of these materials; every sort of piqués, dimities, nankinettes and muslinettes; woolen, cotton and hair thread and the carpets called English;