for laws and the regulations for public administration, and to settle the difficulties that arise in affairs of administration.

51. It carries on, in the name of the Government, the discussion of the proposals for laws before the Senate and CorpsLegislatif.

The Councillors of State charged to speak in the name of the Government are designated by the President of the Republic.

52. The salary of each Councillor of State is twenty-five thousand francs.

53. The ministers have rank, sitting and deliberative voice in the Council of State.

TITLE VII. OF THE HIGH COURT OF JUSTICE.

54. A High Court of Justice tries, without appeal or recourse in cassation, all persons who have been sent before it as accused of crimes, attempts or conspiracies against the President of the Republic and against the internal or external security of the state.

It can be called in session only in virtue of a decree of the President of the Republic.

55. A senatus-consultum shall determine the organization of this High Court.

TITLE VIII. GENERAL AND TEMPORARY

PROVISIONS.

56. The provisions of the existing codes, laws and regulations, which are not contrary to the present Constitution, remain in force until they may be legally altered.

57. A law shall determine the municipal organization. The mayors shall be appointed by the executive power and can be taken from outside of the municipal council.

58. The present Constitution shall be in force dating from the day on which the great bodies of the State which it organizes shall be constituted.

The decrees issued by the President of the Republic from December 2, 1851, to the present time, shall have the force of law.

Done at the Palace of the Tuileries, January 14, 1852.

113. Organic Decree upon the Press.

February 17, 1852.

Duvergier, Lois, LII, 104-107.

This decree is important as a type of numerous decrees issued by Louis Napoleon during his dictatorship (December 2, 1851, to March 29, 1852) and because the press régime which it established remained without essential change until 1868. The system should be compared with those of the First Empire (see No. 86) and of the Bourbon Monarchy (see No. 101).

REFERENCE.

Seignobos, Europe Since 1814, 174.

CHAPTER I. OF THE PRIOR AUTHORISATION AND THE CAUTIONMONEY OF NEWSPAPERS AND PERIODICAL WORKS.

I. No newspaper or periodical work treating of political matters or of social economy, and appearing either regularly and at a fixed day or in parts and irregularly, can be produced or published without the prior authorisation of the government.

This authorisation can be granted only to a Frenchman who has reached his majority and enjoys all his civil and political rights.

The prior authorisation of the government shall likewise be necessary for all changes effected in the personnel of the conductors, editors-in-chief, proprietors or administrators of a newspaper.

2. Political or social economy newspapers published abroad cannot circulate in France except by virtue of an authorisation of the government.

The introducers or distributors of a foreign newspaper whose circulation shall not have been authorised shall be punished by an imprisonment of from one month to one year and a fine of from one hundred francs to five thousand francs.

3. The proprietors of every newspaper or periodical work treating of political matters or of social economy are required. before its publication, to pay into the treasury a cautionmoney in coin, upon which interest to the regular amount for caution-monies shall be paid.

4. [This article fixes the amount of the caution-money, varying from fifteen to fifty thousand francs.]

CHAPTER II. OF THE STAMP-DUTY OF PERIODICAL JOURNALS.

6. Newspapers or periodical works and periodical collections of political engravings or lithographs of less than ten sheets of twenty-five to thirty-two square decimeters or of less than five sheets of fifty to seventy-two square decimeters shall be subject to a stamp-duty.

This duty shall be six centimes per sheet of seventy-two square decimeters or less in the departments of the Seine and of Seine-et-Oise, and three centimes for newspapers, engravings or periodical works published anywhere else.

CHAPTER

III. OFFENCES AND CONTRAVENTIONS NOT PROVIDED
FOR IN PREVIOUS LAWS.
RIGHT OF SUSPENSION

AND SUPPRESSION.

14. Every contravention of article 42 of the Constitution upon the publication of the official reports of the sittings of the Corps-Legislatif shall be punished by a fine of from one thousand to five thousand francs.

15. The publication or reproduction of false news and of fabricated items, falsely or untruly attributed to third parties, shall be punished by a fine of from fifty to one thousand francs.

If the publication or reproduction is made in bad faith, or if it is of a nature to disturb the public peace, the penalty shall be from one month to one year imprisonment and a fine of from five hundred to one thousand francs. The maximum penalty shall be applied if the publication or reproduction was at the same time of a nature to disturb the public peace and was made in bad faith.

16. Reporting the sittings of the Senate otherwise than by the reproduction of the articles inserted in the official journal is forbidden.

Reporting the sittings of the Council of State which are not public is forbidden,

17. Reporting trials for press offences is forbidden. The prosecution alone can be announced; in every case, the de cision can be published.

In all civil, correctional or criminal cases, the courts and tribunals can forbid the reporting of the trial. This inter

diction cannot be applied to the decision, which can always be published.

21. The publication of any article treating of political matters or of social economy, and emanating from an individual condemned to an afflictive and infamous punishment, or infamous only, is forbidden.

22. No designs, no engravings, lithographs, medals, prints or emblems, of any nature or kind whatsoever, can be published, exposed or put on sale without the prior authorisation of the minister of police at Paris, or of the prefects in the departments.

24. Any person who follows the business of bookseller without having obtained the warrant required by article 11 of the law of October 2, 1814, shall be punished by a penalty of from one month to two years imprisonment and a fine of from one hundred to two thousand francs. The establishment shall be closed.

32. A condemnation for crime committed by means of the press, two condemnations for offences or contraventions committed within the space of two years, entails ipso facto suspension or the suppression of the newspaper.

After a condemnation for a press contravention or offence pronounced against the respor sible conductor of a newspaper, the government has the right, during the two months which follow that condemnation, to pronounce either the temporary suspension or the suppression of the newspaper.

A newspaper can be suspended by ministerial decision, even when it has not been the subject of any condemnation, after two notices, with statements of reasons, and during a time which cannot exceed two months.

A newspaper can be suppressed either after a judicial or administrative suspension or by measure of public safety, by

a special decree of the President of the Republic, published in the Bulletin of the Laws.

114. Documents upon the Evolution of the Empire.

These documents record some of the most important steps in the process by which the restoration of the Empire was effected. Incidentally they also throw light upon many other features of the process. Document A is the speech made by Louis Napoleon at the inauguration of the government created by the Constitution of 1852. It may be called the manifesto of the reorganized republic. Document B is a type of the hundreds of addresses presented during the course of his famous tour in southern France in September and October, 1852. Document C is often called the manifesto of the Empire. Pronounced by Louis Napoleon at the end of his southern tour, it contained the first direct intimation from him that the Empire was to be re-established, and outlined its policy. Document D effected the necessary changes to adapt the Constitution of 1852 to the Empire. The vote for acceptance was nearly eight millions against about two hundred and fifty thousand.

REFERENCE.

Andrews, Modern Europe, II, 37-41.

A. Speech of the Prince-President to the Chambers. March 29, 1852. Moniteur, March 30, 1852.

Messrs Senators, Messrs Deputies.

The dictatorship which the people confided to me ceases to-day. Things are about to resume their regular course. It is with a feeling of real satisfaction that I come to proclaim here the putting into effect of the Constitution; for my constant preoccupation has been not only to re-establish order, but to render it durable by giving France institutions suitable to its needs.

Only a few months ago, you will recall, the more I confined myself within the narrow circle of my attributes, it was sought to restrict them still more, in order to deprive me of movement and action. Often discouraged, I confess, I had thought of abandoning an authority thus disputed. What restrained me was that I saw to succeed me only one thing: anarchy. Everywhere, in fact, ardent passions, incapable of establishing anything, were rising up to destroy. Nowhere