commissioners placed with them are taken from the departmental list.

The judges composing the Tribunal of Cassation and the commissioners assigned to that tribunal, are taken from the national list.

68. The judges, other than the justices of the peace, keep their offices for life unless they should be condemned to forfeiture or should not be kept upon the lists of eligibles.

TITLE VI. OF THE RESPONSIBILITY OF THE PUBLIC

FUNCTIONARIES.

69. The positions of members of the Senate, Corps-Legislatif, Tribunate, and those of the Consuls and the Councillors of State do not give occasion for any responsibility.

70. Personal crimes involving afflictive or ignominious punishments, committed by a member of the Senate, Tribunate, Corps-Legislatif, or Council of State, are prosecuted before the ordinary tribunals only after a decision of the body to which the accused belongs has authorised that prosecution.

71. Ministers accused of private crimes involving afflictive or ignominious punishment are considered as members of the Council of State.

72. The ministers are responsible: 1st, for every act of the Government signed by them and declared unconstitutional by the Senate; 2d, for the non-execution of the laws and regulations of the public administration; 3d, for the special orders which they have given, if these orders are contrary to the constitution, the laws, or the regulations.

73. In the case of the preceding article, the Tribunate accuses the minister by an act upon which the Corps-Legislatif deliberates in the usual forms, after having heard or summoned the accused. The minister placed on trial by a decree of the Corps-Legislatif is tried by a high court, without appeal and without recourse in cassation.

The high court is composed of judges and jurors. The judges are chosen by the Tribunal of Cassation and from its own body; the jurors are taken from the national list: the whole following the forms which the law determines.

74. Civil and criminal judges are prosecuted for crimes connected with their duties before the tribunals to which that of cassation sends them, after having annulled their acts.

75. The agents of the Government, other than the ministers, can be prosecuted for acts relating to their duties only in virtue of a decision of the Council of State; in that case the prosecution takes place before the ordinary tribunals.

TITLE VII. GENERAL PROVISIONS.

76. The house of every person dwelling upon French soil is an inviolable asylum.

During the night no one has the right to enter it except in case of fire, inundation, or of a call coming from the interior of the house.

During the day it can be entered for a special purpose, determined either by law or by an order issued by a public authority.

77. In order that the instrument which orders the arrest of a person may be executed, it is necessary: Ist, that it set forth explicitly the ground for the arrest and the law in execution of which it is ordered; 2d, that it be issued by an official to whom the law has explicitly given that power; 3d, that it be made known to the person arrested and that he be provided with a copy of it.

78. A warden or jailer cannot receive or detain any person except after having copied upon his register the document which orders the arrest: this document must be a warrant given in the forms prescribed by the preceding article, or an order of arrest, or a decree of accusation, or a judgment. 79. Every warden or jailer is required, without any order being able to dispense therewith, to present the arrested person to the civil officer having in charge the police of the prison, whenever he shall be required to do so by that officer.

80. The production of the arrested person 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 warden or jailer presents an order of the judge to keep the person in secret.

81. All those who, not having received from the law the power to make arrests, shall cause, sign or execute the arrest of any person; all those who, even in cases of arrests authorised by law, shall receive or retain the arrested person in a place of confinement not publicly and legally designated as such; and all the wardens or jailers who shall contravene the

provisions of the three preceding articles, shall be guilty of the crime of arbitrary imprisonment.

82. All severities employed in arrests, imprisonments or executions, other than those authorised by the laws, are crimes.

83. Any person has the right to present individual petitions to any constituted authority, and especially to the Trib

unate.

84. The public force is essentially obedient; no armed body can deliberate.

85. Military offences are subject to special tribunals and to special forms of trial.

86. The French nation declares that pensions shall be granted to all soldiers wounded in the defence of the fatherland, as well as to the widows and children of soldiers dying upon the battle field or from the effects of their wounds.

87. National rewards shall be conferred upon the warriors who shall have rendered distinguished services in fighting for the Republic.

88. A National Institute is charged with the collection of the discoveries and the improvement of the sciences and the arts.

89. A commission of national book-keeping regulates and verifies the accounts of the receipts and expenditures of the Republic. This commission is composed of seven members chosen by the Senate from the national list.

90. A constituted body can deliberate only in a sitting when at least two-thirds of the members are present.

91. The form of government of the French colonies is determined by special laws.

92. In case of rebellion by armed force or of disturbances that threaten the security of the State, the law can suspend in the places and for the time which it determines, the absolute authority of the Constitution.

This suspension can be declared provisionally, in the same cases, by an order of the Government, the Corps-Legislatif being on vacation, provided that this body be convoked within the shortest possible time by an article of the same order.

93. The French nation declares that in any case it will not permit the return of the French, who, having abandoned

their fatherland since July 14, 1789, are not included in the exceptions allowed by the laws made against the Emigrés; it forbids any new exception upon this matter.

The goods of the Emigrés are irrevocably acquired for the profit of the Republic.

94. The French nation declares that after a legally consummated sale of national lands, whatever be the cause thereof, the lawful purchaser cannot be dispossessed thereof, reserving to third claimants, if there is need, indemnification by the Public Treasury.

95. The present Constitution shall be offered immediately for the acceptance of the French people.

59. Order for Suppressing the Newspapers.

January 17, 1800 (27 Nivôse, Year VIII). ary 19, 1800 (29 Nivôse, Year VIII).

Moniteur, Janu

Shortly after the Constitution of the Year VIII went into effect the First Consul began a series of vigorous measures against possible opposition to his rule. This document is typical of the series.

REFERENCES. Fournier, Napoleon, 238; Sloane, Napoleon, II, 96; Lavisse and Rambaud, Histoire Generale, IX, 15-16; Aulard, Revolution Francaise, 714-716.

The Consuls of the Republic, considering that a part of the newspapers which are printed in the department of the Seine are instruments in the hands of the enemies of the Republic; that the government is particularly charged by the French people to look after their security, orders as follows:

I. The minister of police shall permit to be printed, published, and circulated during the whole course of the war only the following newspapers: [Here follow the names of thirteen newspapers], and newspapers devoted exclusively to science, arts, literature, commerce, announcements and notices.

2. The minister of the general police shall immediately make a report upon all the newspapers that are printed in the other departments.

3. The minister of the general police shall see that no new

newspaper be printed in the department of the Seine, as well as in all the other departments of the Republic.

4. The proprietors and editors of the newspapers preserved by the present order shall present themselves to the minister of the police in order to attest their character as French citizens, their residences and signatures, and they shall promise fidelity to the constitution.

5. All newspapers which shall insert articles opposed to the respect that is due to the social compact, to the sovereignty of the people and the glory of the armies, or which shall publish invectives against the governments and nations who are the friends or allies of the Republic, even when these articles may be extracts from foreign periodicals, shall be immediately suppressed.

6. The minister of the general police is charged with the execution of the present order, which shall be inserted in the Bulletin of the Laws.

60. Law for Reorganizing the Administrative System.

February 17, 1800 (28 Pluviôse, Year VIII). Duvergier, Lois, XII, 78-116.

This was a sort of organic act upon the administrative system. It deserves careful attention for three reasons: (1) the system here established has been one of the most substantial of Napoleon's institutions, existing to the present day with but little change; (2) under all French governments the administrative system is one of the most important features; (3) political scientists are now giving more attention to administration than ever before. This document may be profitably compared with No. 7.

REFERENCES. Dickinson, Revolution and Reaction in Modern France, 41-42; Fournier, Napoleon, 223-225; Rose, Napoleon, I, 246-249; Sloane, Napoleon, II, 139-140: Lanfrey, Napoleon, I, 436441; Lavisse and Rambaud, Histoire Generale, IX, 16-18; Aulard, Revolution Francaise, 716-719.

TITLE I. DIVISION OF THE TERRITORY.

1. The European territory of the Republic shall be divided into departments and communal districts, in conformity with the table annexed to the present law. [This table made but one change in the existing departments.]