Memoirs of the Private Life, Return, and Reign of Napoleon in 1815 Volume Ii Part 3

ART. 23. The government has the proposal of the law: the chambers may propose amendments: if these amendments be not adopted by the government, the chambers are bound to vote for or against the law, in the form in which it was proposed.

ART. 24. The chambers have the power of inviting the government to propose a law on a given subject, and to draw up what appears to them proper to be inserted in the law. This demand may be made by either of the two chambers.

ART. 25. When a draught of a law is adopted by one of the two chambers, it is carried to the other; and, if it be approved there, it is carried to the Emperor.

ART. 26. No written discourse, except the reports of committees, the reports of ministers on the laws that are presented, and the accounts that are delivered, can be read in either of the chambers.

HEAD II.

_Of the electoral colleges, and the mode of election._

ART. 27. The electoral colleges of the departments and circles are retained, conformably to the decree of the senate of the 16th of Thermidor, year 10, excepting the following modifications.

ART. 28. The district a.s.semblies (_les a.s.semblees de canton_) will fill up every year, by annual elections, all the vacancies in the electoral colleges.

ART. 29. From the year 1816, a member of the chamber of peers, appointed by the Emperor, will be president of the electoral college of each department for life, and not removable.

ART. 30. Dating from the same period, the electoral college of each department will appoint, from among the members of the college of each circle, the president and two vice-presidents: for this purpose the a.s.sembling of the electoral college of the department will precede that of the college of the circle fifteen days.

ART. 31. The colleges of departments and circles will appoint the number of representatives established for each by the annexed table and act, No. 1.[6]

[Footnote 6: This table, and that mentioned in Art. 33, being of no importance, are not inserted here.]

ART. 32. The representatives may be chosen throughout the whole extent of France indifferently.

Every college of a department or circle, that shall choose a member not belonging to the department or circle, shall appoint a subst.i.tute (_suppleant_), who must necessarily be taken from the department or circle.

ART. 33. Manufacturing and commercial labour and property shall have a particular representation.

The election of commercial and manufacturing representatives shall be made by the electoral college of the department from a list of eligible persons, drawn up by the chambers of commerce and consulting chambers in conjunction, according to the annexed table and act, No.

2.

HEAD III.

_Of the law of taxation._

ART. 34. Direct general taxes, whether on land or personal property, are voted only for one year: indirect taxes may be voted for several years. In case of a dissolution of the chamber of representatives, the taxes voted in the preceding session are continued, till the chamber meets anew.

ART. 35. No tax, direct or indirect, in money or in kind, can be levied; no loan can take place; no entry of credit in the great book of the public debt can be made; no domain can be alienated or exchanged; no raising of men for the army can be ordered; no portion of territory can be exchanged; except by virtue of a law.

ART. 36. No proposal of a tax, of a loan, or of a levy of men, can be made, except in the chamber of representatives.

ART. 37. It is in the chamber of representatives also, that, 1st, the general budget of the state, containing an estimate of the receipts, and the proposal of the funds a.s.signed for the year to each department of the ministry; and, 2dly, an account of the receipts and expenses of the year, or years, preceding; are to be introduced in the first instance.

HEAD IV.

_Of ministers and their responsibility._

ART. 38. All the acts of the government must be countersigned by a minister having some department.

ART. 39. The ministers are responsible for the acts of government signed by them, as well as for the execution of the laws.

ART. 40. They may be accused by the chamber of representatives, and are to be tried by that of peers.

ART. 41. Every minister, every commander of an army by land or sea, may be accused by the chamber of representatives, and tried by the chamber of peers, for having compromised the safety or honour of the nation.

ART. 42. In this case the chamber of peers exercises a discretionary power, both in a.s.signing the character of the crime, and in the punishment to be inflicted.

ART. 43. Before it is decided, that a minister shall be put upon his trial, the chamber of representatives must declare, that there are grounds for examining into the charge brought against him.

ART. 44. This declaration can be made only on the report of a committee of sixty members drawn by lot. This committee cannot make its report till at least ten days after its nomination.

ART. 45. When the chamber has declared, that there are grounds for examination, it may summon the minister before it, to demand an explanation of him. This summons cannot take place, till ten days after the committee has made its report.

ART. 46. In all other cases, ministers having departments cannot be summoned or sent for by the chambers.

ART. 47. When the chamber of representatives has declared, that there are grounds for examination against a minister, a new committee is to be formed, of sixty members, drawn by lot as the former; and this committee makes a fresh report on the subject of bringing him to trial. This committee does not make its report till ten days after its nomination.

ART. 48. The bringing to trial cannot be decided upon, till ten days after the report has been read, and distributed among the members.

ART. 49. The accusation being resolved upon, the chamber of representatives names five commissioners, chosen from among its own members, to conduct the charge before the chamber of peers.

ART. 50. Article 75 of head 8 of the const.i.tutional act of the 22d of Frimaire, year 8, declaring, that the agents of the government can be prosecuted only in consequence of a decision of the council of state, shall be modified by a law.

HEAD V.

_Of the judicial power._

ART. 51. The Emperor appoints all the judges. They are for life, and irremovable, from the instant of their appointment; the nomination of judges of the peace, and of commerce, excepted, which will take place as heretofore.

The present judges, appointed by the Emperor agreeably to the decree of the senate of the 12th of October, 1807, and whom he may think proper to retain, will receive appointments for life before the 1st of January next.

ART. 52. The inst.i.tution of juries is retained.

ART. 53. The debating of criminal causes is to be public.

ART. 54. Military crimes alone are amenable to military tribunals.

ART. 55. All other crimes, even if committed by military men, are under the jurisdiction of the civil tribunals.

ART. 56. All crimes and offences, that were amenable to the high imperial court, and the trial of which is not reserved by the present act for the chamber of peers, are to be carried before the ordinary tribunals.

ART. 57. The Emperor has the right of pardoning, even in correctional cases, and of granting amnesties.

ART. 58. The interpretations of laws demanded by the court of ca.s.sation shall be given in the form of a law.