Page images
PDF

consequences the most ruinous and calamitous. The shipping interest of Great-Britain do not look for any advantages beyond those which they are entitled to by a strict adherence to the navigation act; and they trust that no circumstances whatever, whether temporary or otherwise, will hereafter induce the legislature to authorize the suspension of the provisions of that act, either by the means of licences or in any other manner.” The small expense incurred in the building, equipment, and outfit of foreign vessels is so well known in the mercantile world, compared to the heavy expenses of building, equipment, outfit, and impost laid on British ships, and which give foreign vessels such great advantages over the latter, that it is not at this time necessary to enter into any detail on that branch of the subject; if, however, any parliamentary inquiry should take place, the great disadvantages under which British ships are now navigated will appear m nifest. The British ship owners anxiously court inquiry, and on the truth or fallacy of their statements they will stand or fall.—The immense capital employed in British shipping, and the peculiar and insulated situation of the persons who are really British ship owners (I do not mean merchants who have small shares in ships, and whose interests in shipping are considered secondary by them)—I mean those persons whose “all” is embarked ifi shipping, together with perLaps the whole of the property of their relatives - ought to influeuce and induce the present government to give an early attention to the representations which were so repeatedly made on this subject to the the late administration, and renewed during present session to Parliament. — No parliamentary inquiry has been made into the state of the shipping and navigation of this country for nearly a century; and surely it is of much more consequence to the true in

terests of the enpire, than all the subjects

recently investigated by Parliament: the want of British seamen in the navy, and the great deficiency of sea-apprentices in the coasting and foreign trade of the country, constitute of themselves sutlicient matter for leg slative investigation, but when, added to these, we daily find that the capital employed in British shipping yields little or no profit, but from which, in too many instances, results great loss, the claim for na

* Foreign vessels were admitted to entry at several of the ports in Great-Britain, contrary to the provisions of the navigation act, during the late administration, not only by orders of council and licences, uodkr the King's sigu Manual, but also by orders and instructions from the Treasury.

tional attention and consideration becomes greater and more imperative ; and it is devoutly to be wished that his Majesty's present ministers will not fail early in the next session of Pariiament to institute an inquiry on the subject: no ill effect can arise from it, for if the ship owners are not well founded in their complaints, the result of the inquiry will be gratifying to the country at large; but if they are confirmed in their statements, it is presumed the legislature will not hesitate to grant them such relief as will secure to them in future “ a strict adherence to the provisions of the navigation act, and will afford them such facilities as will at least enable them to navigate their ships on an equal footing with foreigners."— Alf R ED.—London, 28th July, 1804.

EMPEROR OF THE FREN. H. Organic Senatus Consultum, conferring the Title of Emperor on the First Consul, and establishing the Imperial Dignity bereditary in bis Family. (Continued from Vol. V. p. 897.) XL. The Arch Chancellor of the Empire performs the functions of Chancellor in promulgating Senatus Consulta and the laws. He likewise performs the functions of Chancellor of the Imperial Palace. He is present when the Grand Judge, Minister of Justice, lays before the Emperor his annual report of the abuses which have crept into the administration of justice, both civil and criminal. He presides in the high Imperial Court, and also at the United Sections of the Council of State and Tribunate, conformably to Article 95, Title XI. He is present at the celebration of the marriages and births of the princes, and at the Coronation and funeral obsequies of the Emperor. He signs the proces verbal drawn up by the Secretary of State. He presents the titularies of the Grand Dignities of the Empire, the Ministers and Secretary of State, the Grand Civil Officers of the Crown, and the President of the Court of Cassation, when the oath is administered to them in the presence of the Emperor. He administers the oath to the members of the Court of Cassation, and to the Presidents and Attorneys General of the Courts of Appeal and also of the Criminal Courts. He presents the solemn deputations and the members of the Courts of Justice, when admitted to an audience of the Emperor. He signs and seals the commissions and appointments of the members of theolourts of Justice, and the ministerial officers; he seals the cornmissions and appointments of the civil and administrative functions, and of the other acts which will be designated in the regulation entitled “Organization of the Seal" XLI. The Arch Chancellor of State performs the functions of Chancellor, in promulgating treaties of peace, and in decla ring war. He presents to the Emperor and signs the credentials and correspondence with the different courts of Europe, according to the forms of the Imperial Protocol, of which he is the keeper. He is present when the minister for exterior relations lays before the Emperor his annual report of the political situation of the 'state. He presents the ambassadors and ministers of the Emperor, when the oath is administered to them in the presence of his Imperial Majesty. He administers the oath to the residents, chargés d'affaires, secretaiies of embassy and legation, commissaries general, and commissaries for commercial relations. XLI1. The Arch Treasurer is present when the ministers of finance and the public treasury lay before the Emperor the annual accounts of the receipts and expenses of the state, and make known to him their views with regard to the financial necessities of the empire. Before the accounts of the annual receipts and disbursements are laid before the Limperor, they must receive his signature. He presides at the United Sections of the Counsel of State and Tribunate, conformably to Article 95, Title XI. He receives, every three months, the report of the labours of the national accountants; and, once a year, he receives the general result and plans of reform and amelioration is the different offices of the public accounts, which he lays before the Emperor. He balances, every year, the great book of debt. IIe signs appointments and civil persions. He admi

nisters the oath to the naticnal accountants,

the administrators of finance, and the principal agents of the public treasury. He presents the deputations footn the national accountants and the administictors of finance, when a 'mitted to an audience of the Emperor.— XLIII. The constable is present v, hen the minister at war and the director of the war department lay before the Emperor the annual report of the dispositions to be taken for completing the defence of the frontiers, and the charge of keeping up, repairing and provisioning the fortist d tow us. He lays the first stone of every fortress about to be erected. He is governor of the military schools. When the Emp; or does not present in person the colours of aty regiment, they are presented in his name by the constable. In the absence of the Emperor, the constable reviews the imperial guard. When a generai is suspected of a crime specified in

the penal military code, the constable may preside at the counsel of war. He presents the marshals of the empire, the colonels general, the inspectors general, and the officers general, when the oath is administered to them in the presence of the Emperor. He administers the oath to majors, captains, commodores, &c. He instals the marshals of the Empire.— He presents the generals, colonels, majors, &c. of the army, when admitted to an audience of the Emperor. He signs appointments in the army, and those of the inilitary pensioners of the state.—XLIV. The grand admiral is present when the minister of marine lays before the Emperor the annual report of the state of the navy, He annually receives and presents to the Emperor, the accounts of the chest of marine invalids. When an admiral, vice-admiral, or rear admiral is suspected of a crime specified in the penal military code, the grand admiral may preside at the court martial. He presents the admirals, viceadmirals, rear-admirals, and captains, when the oath is administered to them in the presence of the Emperor. He administers the oath to the members of the counsel of prizes, and to captains of frigates. He presents the admirals, vice-admirals, rearadmirals, captains, and members of the counsel of prizes, when admitted to an audience of the Emperor. He signs appointments in the navy, and those of the marine pensioners of the state. — XLV. Each titulary of the grand dignities cf the empire presides over a departmental elec. toral college. The grand elector presides over the electoral college at Brussels. The arch-chancellor of the empire presides over the electoral college at Bourdeaux. The arch-chancellor of state presides cver the electoral college at Nantz. The archtreasurer of the empire presides over the electoral college at Lyons. The constable presides over the electoral college at Turin. The grand admiral presides over the elec. toral college at Märseilles.—XLVI. Each titulary of the grand dignities of the emipire receives annual, according to estab: lished usage, a third of the sum approps" ated to the princes, conformably to the de' cree of the 21st of December, 1790 XLVII. An imperial statute regulates the functions of the titularie of the grand dio

, nities of the empire about the person of the

Emperor, and determines the costume" be worn by them in grand ceremonies. The Emperors's successors can ot deviate from this statute but by a senatus consultum. -

T iT LE VI. - OF THE GRAND OF FIc ERs of the E M P 1 R E. –XLVIII. The grand officers of the empire are : first, marshals of the empire, chosen from among the most distinguished generals. Their number not to exceed sixteen; of which number the marshals of the empire who are also senators can not make a part. Secondly, eight inspectors of artillery and fortifications, troops of horse, and marine. Thirdly, grand civil officers of the crown, as they shall hereafter be appointed by statutes of the Emperor.—XLIX. The post of grand officer is perpetual—L. Each of the grand officers ...; empire presides over an elec. toral college, which is specially appointed to him at the moment of nis nomination.— LI. If, by an order of the Emperor, or by any other cause whatever, a titulary of a grand dignity of the empire or a grand officer relinquishes his functions, he nevertheless preserves his title, rank, privileges, and a moiety of the salary attached to his office. He can only forfeit, them by a judgment of the high imperial court. TITLE v11.--of oaths. LII. In the course of the two years subsequent to his accession or majority, the Emperor accompanied by the titularies of the grand dignities of the empire, the ministers, the grand officers of the empire, takes the oath of fidelity to the French people upon the Evangelist, a.d in the presence of the senate, the counsel of state, the legislative body, the tribunate, the court of cassation, the archbishops, the bishops, the grand officers of the legion of honour, the national accountants, the présidents of the courts of appeal, the presidents of the electoral colleges, the presidents of the cantonal assemblies, the presidents of the consistories, and the mayors of thirty-six principal towns of the empire. The secretary of state prepares the procès verbal of the ceremony.— LIII. The oath taken by the Emperor is couched as follows: “ the integrity of the territory of the re“ public; to respect and to cause to be “ respected the laws of the concordat and “ the liberty of public worship ; to respect “ and to cause to be respected, the equality “ of rights, political and civil liborty, the “ irrevocability of the sales of national “ domains; to levy no duty, to impose no “ tax but by virtue of the law; to main“tain the institution of the legion of “ honour; and to have no view in govern“ing, but the interest, the happiness and “ the glory of the French people.”—LIV. Before he enters upon the exercise of his functions, the regent accompanied by the

I swear to maintain

titularies of the grand dignitaries of the empire, the ministers, and the grand officers of the empire take the oath upon the Evangelist, and in the presence of the senate, the counsel of state, the president' and questors of the legislative body, the president and questors of the tribunate, and the grand officers of the legion of honour. The secretary of state prepares the procès verbal of the ceremony.−LV.' The oath taken by the regent is as follows: “I swear to administer the affairs of the “state, conformably to the constitutions “ of the empire, the senatus con ulta and “ the laws; to maintain, in all its integrity, “ the territory of the republic, the rights “ of the nation and those of the imperial “ dignity, and faithfully to deliver up

“ to the Euperor, as soon as he attains

[ocr errors]

his majority, the power which has been confided to me.”—LVI. The titularies of the grand dignities of the empire, the ministers and the secretary of state, the grand officers, the members of the sonate, the legislative body, the tribunate, the electoral colleges and the cantonal assemblies take the fllowing oath: “.. I swear

[ocr errors]

“obedience to the constitutions of the em

[blocks in formation]

brought before the tribunals in the space of ten days after the time of such arrest. This commission is called the Senatorial Commission for personal liberty.—LXI. Every arrested person not called to take his trial in ten days after his arrest, may immediately, appeal, by himself, his representatives, or by petition, to the senatorial commission for personal liberty.—LXII. When the said commission is of opinion that the interests of the state do not call for the detention of the arrested person beyond the period of ten days, it invites the minister who ordered the arrest to cause the person so detained to be either set at liberty, or sent before the ordinary tribunals.-LXIII. If after three successive invitations, renewed in the space of one month, the detained person is not set at liberty or sent before the ordinary tribunals, the commission demands an assembly of the senate, which is convoked by the president, and makes, if it so determines, the following declaration : “ There, are strong pre“ sumptions that N. is arbitrarily detained " It afterwards proceeds conformably to the provisions of article 92, title 13, of the high imperial court.—LXIV. A commission of seven members named by the senate and chosen from the body, is appointed to watch over the liberty of the press. Works printed and distributed by subscription and at stated periods do not come under its cognizance. This commission is called the Senatorial Commission for the Liberty of the Press.LXV, Authors, printers, and booksellers, having reason to complain of injunctions being laid upon the printing or circulation of works, may apply personally or by petition to the senatorial commission for the liberty of the press. – LXVI. When the commission is of opinion that the interests of the state do not demand such injunc

tion, it invites the minister who issued the

order to revoke it.—LXVII. If after three successive invitations, renewed in the space of one month, the injunction still continues, 1he commission demands an assembly of the senate, which is convoked by the president, and makes, if it so determines, the following declaration : “There are strong pre“sumptions that the liberty of the press has “ been violated." It afterwards proceeds conformably to the provisions of article 92, title 13; of the high imperial court.— LXVIII. The functions of a member of the senatorial commissions cease at -- f four months. - LXIX.

sogoby the legislative ionate on the posited in the

d by the

legislative body may be denounced in the senate by any of the members thereof; 1. As tending to restore the feudal system; 2. As affecting the sale of national domains; 3. As having been issued contrary to the forms prescribed by the constitutions of the empire, &c.—— LXXI. In the course of six days after the adoption of the projet de Wei, the senate, after deliberating upon the report of a special conymission, and hearing the decree read three times at three sittings held on separate days, may declare its opinion as to the propriety of promulgating the said law. The president lays the decision of the senate before the Emperor.—LXXII. The Em

peror, after hearing the counsel of state, eitber

declares by a decree his adherence to the deliberation of the senate, or causes the law to be promulgated.——LXXIII. Every such law not promulgated before the expiration of ten days, cannot be promulgated unless it has been again deliberated on, and adopted by, the legislative body.--— LXXIV. The entire operations of an electoral college, as well as its partial operations relative to the presentation of candidates to the senate, the legislative body, or the tribunate, can only

be annulled, on the ground of their being

unconstitutional, by an express senatus conSultum, Title Ix. of the counsel or state. —LXXV. When the counsel of state is deliberating upon a proft de loi, &c two thirds of the nembers in ordinary service must be present. The number of members present can never be less than twenty-five. LXXVI. The counsel of state is divided into six sections; viz. the section of legislation, the section of the interior, the section of finance, the section of war, the section of marit.: , and the section of commerce. I. XXY il. When a member of the counst of state has been five years upon the list of onctobers in ordinary service, he receives

the rank of counsellor of state for life.

When he ceases to be on the list of the counsel of state in ordinary or extraordinary service, be is only entitled to one-third of the salary attacked to the office. TITLE x. OF THE LEGISLAT 1 v E B on Y. -LXXVIII. The members of the legislative body may be re-elected without interval. LXXIX. Every projet de loi presented to the legislative body is returned to the three sections of the tribunate.—LXXX. The sittings of the legislative body are divided into ordinary sittings and general committees.—LXXXI. Ordinary sittings are composed of members of the legislative

body, orators of the counsel of state, and,

orators of the three sections of the tribunate, members of the legislative body. The president of the legislative body presides both at the ordinary sittings and general committees.——LXXXII. At an ordinary sitting, the legislative body hear the orators of the counsel of state, and also the orators of the three sections of the tribunate, and votes on the projet de loi. In a general committee, the members of the legislative body discuss amongst them the merits or demerits of the projët de loi...——LXXXIII. The legislative body resolves itself into a general committee; 1. At the invitation of the president for the interior affairs of the body; 2. At a demand made to the president, and signed by fifty of the members present. In both these cases, the general committee is a secret one, and its discussions can neither be printed nor divulged.——LXXXIV. When the discussion in a general committee is closed, the deliberation is adjourned to the ordinary sitting on the following day.—— LXXXV. On the day appointed by the le. gislative body for voting on the projët de loi, the orators of the counsel of state are again heard.—LXXXVI. The deliberation on a projët de loi, can in no case be deferred for more than three days beyond the time fixed for closing the discussion.——LXXXVII. The sections of the tribunate constitute the sole commissions of the legislative body; which can create no other, but in the case pointed out in Article 113, Title 13, of the high Imperial Court. TITL H. xi. () F t H E TRIBU NATE. LXXXVIII. The functions of the menbers of the tribunate continue for ten years. ——LXXXIX. A moiety of the tribunate is renewed every five years. The first renewal will take place in the session of the year 17, conformably to the organic senatus consultum of the 16th Thermidor, year 10. --XC. The president of the tribunale is named by the Emperor, on the presentation of three candidates chosen by the tribunate at the secret ballot ——XCI. The functions of the president of the tribunate continue for two years.--XCII. The tribunate has two questors. They are named by the Emperor, from a triple list of candidates chosen by the tribunate at a secret ballot. Their functions are the same as those assigned to the questors of the legislative body by articles 19, 20, 21, 22, 23, 24, and 25 of the organic senatus consultum of the 24th Frimaire, year 12. One of the Hoestors is renewed every year.——XCIII. n he tribunate is divided into three sections; Wiz, the section of legislation, the section of the interior, and the section of finance—

[graphic]
[graphic]
[graphic]

General committees are composed only of

XCIV. Each section makes out a list of three of its members, from among whom the president of the tribunate chooses the president of **ion. The functions of president of section continue for one year.—— XCV. When the respective sections of the counsel of state and tribunate, demand a

conference, such conference takes place un

der the presidency of the arch chancelior or arch-treasurer of the tompire, accord ng to the nature of the subjet to be exoed.-XCVI. Each scetion docusses separately, and in a sectional assembly the several projor de lois transmitted to in by the legislative body. Two orators food each of the three sections, lay before the legiative body the wishes cf their section —-XCVII. In no case can a projet de loi be discus ed by a general assembly of the tribunate. But it. usay form itself into a general assembly, under the presidency of its president, for the exercise of its other privileges. TITLE X I. o F TH E L E cro R AL collpo Es. -XCVIII. As often as a departmental electoral college is assembled for the purpose of forming the list of candidates for the legislative body, a renewal of the list of candidates for the senate takes place. Every such renewal annuls all anterior presenta

tions.——XCIX. The grand officers, com

mandants and officers of the legion of ho

nour are members of the departmental elec

toral college in which their possessions may be situated, or of one of the departments of the company to which they belong. The legionaries are members of the electoral col}ege of their district. The members of the legion of honour are admitted to their electoral college on presenting a certificate given them for this purpose by the g and Elector.——C. The prefects and military commandants of departments cannot be elected candidates for the senate by the departmental electoral colleges in which they exercise their functions. TITLE X111.- of THE HaGH IMPER1AL, court.—CI. The high imperial court. takes cognizance: 1st, Of crimes committed by members of the imperial family, by titu-, laries of the grand dignities of the empire, by ministers and by the secretary of state, by grand officers, by senators, by counsellors of state ; 2dly, Of outrages and plots. against the internal and external security of the state, the person of the Emperor, and of the presumptive heir to the empire ; 3dly, Of crimes of official responsibility committed by ministers and counsellors of state; 4thly, Cf treachery and abuses of power, whether committed by captains general of colonies, or colonial prefects, aud coul

« PreviousContinue »