82. The jury shall continue to be employed in criminal trials.

83. Jurisdiction over all political offences and all offences 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 the 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 organic 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 members of the Court of Cassation and of the Court of Accounts are appointed for life.

They cannot be dismissed or suspended except by a judicial 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 organization 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 carried before the magistracy of conflicts.

91. A High Court of Justice decides, without appeal or

recourse in cassation, the accusation brought by the National Assembly against the President of the Republic or the ministers.

It likewise tries all persons accused of crimes, attempts or conspiracies against the internal or external security 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 thirtysix 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 substitutes. 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 or the ministers, by the National Assembly.

The jurors, to the number of thirty-six, and four substitute jurors, are taken from among the members of the councils-general of the departments.

The representatives of the people cannot form part of them. 93. 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 president 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.

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 High 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.

101. The public forces are established to defend the State against its enemies abroad and to secure within the maintenance 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.

106. A law shall determine the cases in which the state of siege can be declared and shall regulate the forms and consequences 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 declared to be French territory, and shall be ruled by separate laws until a special law places them under the régime of the present Constitution.

110. 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.

III. Whenever, in the last year of a legislature, the National Assembly shall have expressed the wish that the Constitution 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 considerations, taken at intervals of a month each, and by threefourths 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.

Nevertheless, it can, in case of urgency, provide for necessary legislation.

112. The provisions of the existing codes, laws and regulations, which are not in conflict with the present Constitution, 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 promulgation of organic laws affecting them.

114. The law for the organization of the judiciary shall

determine the special method of appointment for the first composition of the new tribunals.

115. 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.

116. 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 documents throw light upon many features of the coup d'ctat of December 2, 1851, and the plebiscite which followed it. Among the features that call for notice are: (1) the official explanation of the events and conditions which had led up to the coup d'etat; (2) the inducements offered in order to procure acquiescence or approval; (3) the fundamental principles of the government about to be established; (4) the change effected in the original scheme for conducting the plebiscite. All of these documents were signed, Louis-Napoleon,

REFERENCES. Fyffe, Modern Europe, III, 171-177 (Popular ed., 817-823); Seignobos, Europe Since 1814, 170-172; Andrews, Modern Europe, II, 27-37; Dickinson, Revolution and Reaction in Modern France, 212-218; Lavisse and Rambaud, Histoire Generale, XI, 32-35.

A. Decree for Dissolving the National Assembly. December 2, 1851. Duvergier, Lois, LI, 475.

The President of the Republic decrees:

I. The National Assembly is dissolved.

2.

Universal suffrage is re-established. The law of May 31 is abrogated.

3. The French people are convoked in their assemblies from December 14 to December 21 following.

4. The state of siege is decreed within the extent of the Ist military division.

5. The Council of State is dissolved.

6. The Minister of the Interior (M. de Morny) is charged, etc.

B. Proclamation to the People. December 2, 1851. Duvergier, Lois, LI, 475-476.