42. In the other acts of the government, the fecond and third confuls have deliberate voices. They fign the proceedings, to fhew that they were prefent; and, if they pleafe, they may infert their own opinions, after which, the decision of the chief conful is fufficient.

43. The falary of the chief conful fhall be 500,000 francs for the year 8. (about 20,8331.) The falary of each of the other two confuls fhall be equal to three-tenths of that of the chief conful.

44. The government propofes laws, and makes regulations neceffary to carry them into execution.

45. The government directs the receipts and expenfes of the ftate agreeable to the annual law, which thall determine the amount of each. He is to fuperintend the coining of money, of which the law alone fhall regulate the issue, fix the title, the falion, and weight.

46. If the government is informed that any confpiracies are devifing against the state, it may decree fummonfes of appearance and warrants of arrefts, against those who are prefumed to be the authors or accomplices. But if after the lapfe of ten days after their arrefl, they are not liberated, or put in a state for trial, in the regular form, the minifter. who figns the warrant fhall be guilty of arbitrary imprisonment.

47. The government fhall take meafures for the internal fecurity and external defence of the ftate. He ftations the forces, military and naval, and regulates the manner of their being employed.

48. The national guard in activity is fubject to the direction of the public adminiftration. The fedentary national guard is fubject only to the difpofitions of the law.

49. The government is to main tain political relations abroad, to manage negociations, make preliminary ftipulations, caufe, fign, and conclude all treaties of peace, alliance, truce, neutrality, commerce, and other conventions.

50. Declarations of war and treaties of peace, alliance, and commerce, are propofed, difcuffed, decreed, and promulgated like laws.

Only difcuffions upon these ob jects, both in the tribunate and legiflative body, are to take place in a fecret committee, when the government defires it.

51. The fecret articles of a treaty cannot deflroy the public articles.

52. Under the direction of the confuls, the council of ftate is authorized to draw up projects of laws and regulations of public adminiftration, and to remove the obftacles which may arife in matters of adminiftration.

53. It must be out of the council of ftate that the speakers nominated by the government to ftate points before the legislative body must be taken.

Thefe fpeakers are never to be fent to the number of more than three, to fupport the fame project of a law.

54. The minifters procure the execution of laws and regulations of public administration.

55. No act of government can have effect if it is not figned by a minifter.

56. One of the minifters is fpecially intrufted with the adminiftration of the public treasure. He is to fecure the receipts, to order the transfer of fums, and the payments authorized by law; he can make, or caufe to be made, no payment, except in virtue, 1ft, of a law, and

till the concurrence of funds which have been fixed for a diftinct fpecies of expense; 2d, of an arrêté of the government; 3d, of a warrant figned by a minister.

57. Detailed accounts of the expense of each minifter, figned and certified by him, fhall be made public.

58. The government can elect or conftitute, as counsellors of state or minifters, none but citizens whofe names are inscribed on the national lift.

59. The local administrations, eftablished either for each commercial district, or for more extenfive portions of territory, fhall be fubordinate to the minifters. No perfon can be made or continue a member of these administrations unless he ftand and be retained upon one of the lifts mentioned in the 7th and 8th articles.

a fecond jury is to declare the fact to be proved: the judges then form a criminal tribunal, and adjudge the punishment. Against their decifion there is no appeal.

63. The place of public accufer before a criminal tribunal is to be filled by the government commiffary..

64. Offences, (delits) which do not incur corporal or ignominious punishment, are to be judged by tribunals of correctional police, with power of appeal to the criminal tribunals.

65. There will be established, for the whole of the republic, a tribunal of caffation, that is to pronounce upon motions for caffation against judgements in dernier resort, pronounced by the tribunals on motions of appeal from one tribunal to another, grounded upon legitimate fufpicion, or upon reafons that regard the public fafety, where the plea of one party is fet up against

a whole tribunal.

66. The tribunal of caffation does not take cognizance of the grounds of a caufe; but it annuls the judgements paffed in confequence of proceedings in which either the due forms have been violated, or which contain any exprefs infraction of the law, and it refers the grounds of the cause to the proper tribunal that is to take cognizance of them.

67. The judges who prefide in the tribunals of first resort, and the government commiffaries that are to act in these courts, are to be taken from the communal, or from the departmental list.

The judges who prefide in the tribunals of appeal, and the commiffaries who act in these courts, are to be taken from the departmental lift

The judges who compofe the tribunal of caffation, and the commifL 2.

faries

faries acting in these courts, are to be taken from the national lift. 68. All judges, except the juf tices of the peace, are to retain their functions for life, unless they be pronounced to have forfeited them, or unless they be already on the lift of those who are deemed ineligible to hold fuch functions.

TITLE VI.

nifter in virtue of an act upon which the legislative body is to deliberate in the ufual forms, after having heard or fummoned before them the perfon impeached. The minifter who is brought to trial, by a decree of the legislative body, is to be tried by a high court, with power of ap-. peal or recurrence to an act of caffation.

The high court is to confift of

aries.

69. The functions of the members, whether of the fenate, the legiflative body, the tribunate, or thofe of the confuls and counfellors of state, leave no room for refponfi bility.

70. Perfonal offences incurring corporal or ignominious punishment, committed by a member, whether of the fenate, the tribunate, the legiflative body, or the council of fate, are to be profecuted before the ordinary tribunal, after a deliberation of the body to which fuch a defendant may belong, fhall have authorized fuch a proceeding.

71. Minifters who may be accufed of private offences, incurring corporal or ignominious punishment, are to be confidered as members of the council of state.

72. Minifters are refponfible, 1ft, for every act of government which they fign, that is declared unconftitutional by the fenate; 2d, for the inexecution of the laws and the regulations of the public adminiftration; 3d, for the particular orders they may flue, fhould thefe orders be contrary to the constitution, to the laws or regulations.

73. Where fuch cafes occur as are ftated in the foregoing article, the tribunate is to impeach the mi

be chofen by, and from the among tribunal of caflation; the juries to be taken from the national lift. The whole agreeably to the forms prefcribed by the law.

74. The civil and criminal judges, in cafe of offences derogatory to their functions, are to be profecuted before the tribunals to which they may be referred by the tribunal of caffation after having annulled their decrees.

75. The other agents of government, befides the minifters, cannot be profecuted for acts connected with their functions, but in virtue of a decifion of the council of state: in fuch cafes the profecution is to be carried on before the ordinary tribunals.

TITLE VII.

General Difpofitions. 76. The house of every perfon inhabiting the French territory is an inviolable asylum.

During the night no one has a right to enter fuch house but in cafe of fire, or inundation, or of a requeft made for fuch purpose from the inhabitants of the houfe.

During the day it may be entered for fome fpecial object pointed out by a law, or by an order iffued by a public authority.

77. In order to give effect to the act which authorizes the arrefting' of a perfon, it is necessary, Ift, that they do formally exprefs the motives of the arreft, and the law by virtue of which it has been ordered; 2d, that it should be iffued by a func tionary formally invefted with this power by the law; 3d, that it must be notified to the perfon arrested, and that a copy of it be alfo left with him.

78. A keeper or jailor cannot receive or detain any perfon till after he has tranfcribed into his regifter the act that orders the arreft. This act must be an order iffued agreeably to the forms prescribed by the preceding article, or by a warrant for apprehending the perfon, or a decree of accufation, or a fentence pronounced.

79. The keeper or jailor is bound (nor can any order free him from the obligation) to bring forward the perfon fo detained before the civil officer, who infpects the police of fuch prifon, as often as the fame may be required by fuch magiftrate.

80. Access to the perfon imprifoned cannot be refufed to his relations and friends, furnished with an order to that effect by the civil officer, who fhall be always bound to grant fuch order, unless the keeper or jailor can fhew an inftruction from the judge to keep the perfon in fecret confinement.

81. All thofe who, not being authorized by the law to arreft a perfon, fhall ifiue, fign, or execute, an order for fuch arreft; all those who, even in the cafe of an arreft authorized by the law, fhall receive or detain the perfon arrested in any place of confinement not publicly and legally pointed out as fuch;

and all the keepers and jailors who fhall act contrary to the fenfe of the three preceding articles, fhall be held guilty of the charge of arbitrary imprifonment.

82. All measures of rigour employed in arreftations, imprifonments, or executions, except fuch as are ordained by the laws, are to be held as crimes.

83. Every perfon has the right of addreffing private petitions to every conftituted authority, and more efpecially to the tribunate.

84. It is of the eflence of the

public force, to obey; no armed body can deliberate.

85. Military offences are to be fubmitted to fpecial tribunals, and to particular forms of trial.

86. The French nation declares, that pensions shall be granted to all military perfons wounded in the defence of the country, as alfo to the widows and children of military men who may be killed in the field of battle, or who may die in confequence of their wounds.

87. National rewards fhall be decreed to fuch warriors as shall render diftinguifhed fervices to the republic in fighting for its defence.

88. A conftituted body cannot open a deliberation but in a fitting, of which at leaft two-thirds of its members fhall be present.

89. A national inftitute is appointed to collect difcoveries, and to advance the perfection of the fciences and arts.

90. A commission of national ac compts fhall regulate and verify the entry of the receipts and expenditure of the republic. This commiffion is to confift of feven members chofen by the fenate from the national lift.

91. The administration of the French colonies is to be determined by special laws.

92. In cafes of revolt in the armed force, or of disturbances that threaten the safety of the ftate, the law may fufpend, in fuch places and for fuch time as it may determine, the powers of the conftitution.

The fufpenfion may be provifionally declared in fimilar emergencies by an arrêté of government during an adjournment of the legiflative body, provided that this body be fummoned to meet at the fhorteft period, by an article of the faid arrété.

93. The French nation declareth, that it will in no cafe whatever permit the return of the Frenchmen who have deferted their country fince the 14th of July, 1789, and are not comprehended in the exceptions that have been made to the laws enacted against the emigrants: it alfo forbids any new exception upon this point.

The property of the emigrants is irrevocably confifcated to the profit of the republic.

94. The French nation declareth, that after a legal fale hath been made of the national domains, from whatever fource they may come, the legal purchaser cannot be difpoffeffed of them, except where a third party (if fuch cafe fhould occur) puts in a claim of indemnity from the public treasury.

95. The prefent conftitution fhall immediately be prefented for the acceptation of the French people.

Done at Paris, the 22d Frimaire

(December 13,) 8th year of
the French republic, one and
indivifible.

[Here follow the fignatures of

the members of the legislative commiffions, and of the confuls.]

Report of the Committee of Secrecy of the British House of Commons, printed the 15th of March 1799.

The committee of secrecy, to whom the feveral papers which were prefented (fealed up) to the houfe by Mr. fecretary Dundas, upon the 23d day of January, 1799, by his majefty's command, were referred, and who were directed to examine the matters thereof, and report the fame, as they fhall appear to them, to the houfe, have proceeded, in obedience to the orders of the house, to the confideration of the matters referred to them. They have been prevented from fooner laying before the house the refult of their examination, not only from the extent of the matters which came before them, but becaufe fome of the recent circumftances which they have to ftate, could not, with propriety, have been disclosed at an earlier period.

In the whole courfe of their inquiry, your committee have found the cleareft proofs of a systematic defign, long fince adopted and acted upon by France, in conjunction with domeftic traitors, and pursued up to the prefent moment with unabated perfeverance, to overturn the laws, conftitution, and government, and every exifting establishment, civil or ecclefiaftical, both in Great Britain and Ireland; as well as to diffolve the connection between the two kingdoms, fo neceffary to the fecurity and profperity of both.

The chief hope of accomplishing this defign has refted on the propagation of thofe deftractive princi

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