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new, contrary to the present con stitution, or to any part thereof, are hereby abolished; and every paragraph in the foregoing articles is acknowledged to be a competent part of the present constitution. We recommend to the executive power to see the council of inspection immediately begin its office under the eye of the diet, and continue its duties without the least interruption.

We swear before God and the country to maintain and defend with all possible human power the present constitution; and considering this oath as a proof of real love of our country, we command all magistrates and troops here present to take it immediately. The commission of war shall issue or ders to the rest of the army quartered in the kingdom, and in the grand duchy of Lithuania, to do the same within one month at farthest from the date of the present law.

We recommend to our bishops to appoint one and the same day of public thanksgiving to God Almighty in all churches over the

Having thus satisfied our gene ral feelings on this event, we turn our attention towards securing the same constitution, by declaring and enacting, that whoever should dare Lo oppose it, or to disturb the public tranquillity, either by exciting mistrust, or by perverse interpreta tion of this constitution, and much more by forming insurrections and confederacies either openly or se cretly, such person or persons are declared to be enemies and traitors to their country, and shall be punished with the utmost rigour by the comitial tribunal. For this pur pose, we order this tribunal to sit uninterruptedly at Warsaw, proroguing their session from day to day, and to try all persons so accused by any citizen of property, with the assistance of the attornies general of Poland and Lithuania, seizing all indicted persons with the aid of the national troops, which shall be ready to act on the first order from the executive power as they shall be directed, and occasion may require.

August 4, 1791.

kingdom; also, we appoint a day The French Constitution, established N. N. for the solemn celebrating by us and our posterity of a commemoration anniversary for the

mercies of the Supreme Being AFTER the preamble, and 17

shewn to us after so many public calamities.

And that future ages may know and feel that it is by the assistance of the Supreme Disposer of nations we have surmounted the greatest difficulties and obstacles, and effected this happy revolution, we decree, that a church shall be erected and consecrated to Divine Providence, in memory of this event, and at the expence of the states.

articles of the declaration of the rights of man and a citizen, it proceeds;

The national assembly, meaning to establish the French constitution on the principles recognized and declared above, abolishes irrevocably the institutions that injure liberty and equality of rights.

There is no longer, for any part of the nation, or for any individual, any privilege or exception to the common rights of all Frenchmen.

The law no longer recognizes re

ligious

ligious vows, or any other engagements contrary to natural rights or to the constitution.

HEAD I. Fundamental Dispositions guaranteed by the constitution. The constitution guarantees, as natural and civil rights,

I. That all citizens are admissible to places and employments, without any distinction but that of ability and virtue.

II. That all contributions shall be divided equally among all the citizens, in proportion to their

means.

III. That the same crimes shall be subject to the same punishments, without distinction of persons.

The constitution in like manner guarantees, as natural and civil rights,

Liberty of coming, going, or staying, according to the forms prescribed by law.

Liberty of speaking, writing, and printing their thoughts, and of exercising the religious worship to which they are attached.

Of assembling peaceably, and without arms, complying with the laws of police.

Of addressing to all constituted authorities by petition.

As liberty consists but in the power of doing right, the law may establish penalties against acts in jurious to society.

The constitution guarantees the inviolability of property.

Effects destined to services of public utility belong to the nation; those which were appropriated to the expences of worship are at the disposal of the nation.

A general establishment of pub lic succours shall be created, for the relief of the poor.

A public instruction shall be created, common to all citizens, in proportion combined with the dir vision of the kingdom.

HEAD II. Of the Division of the Kingdom, and the State of Citizens,

I. France is divided into 83 departments, each department into districts, each district into can

tons.

II. Those are French citizens who are born in France, of a French father; who, having been born in France of a foreign father, have fixed their residence in the kingdom; who, having been born in a foreign country of a French father, have returned to settle in France, and have taken the civic oath; in fine, who, having been born in a foreign country, being descended, in whatever degree, from a Frenchman or French woman who have left their country from religious motives, come to reside in France, and take the civic oath.

III. Those who, being born out of the kingdom, of foreign parents, reside in France, become French citizens after five years of continued residence in the kingdom; if besides, they have acquired real property, or married a French wo man, or formed a commercial establishment, and if they have taken the civic oath.

. IV. The legislative power may, from important considerations, na turalize a foreigner, upon no other condition than that of residing in France, and taking the civic oath.

V. The civic oath is, "I swear to be faithful to the nation, the law, and the king, and to main tain, with all my power, the con

stitution

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ing the legislative body, is permanent, and consists of one chamber only.

II. It shall be formed by new elections every two years.-Each period of two years shall form one legislature.

III. The renewal of the legislative body shall be matter of full right.

IV. The legislative body shall not be dissolved by the king. SECTION I. Number of Representa tives; Basis of Representation. I. The number of representatives to the legislative body shall be 745; independent of those that may be granted to the colonies.

II. The representatives shall be distributed among the 83 departments according to the three proportions of land, of population, and the contribution direct.

III. Of the 745 representatives, 247 are attached to the land. Of these each department shall nomi. nate three, except the department of Paris, which shall nominate only

one.

IV. 249 representatives are attrimass of the active population of buted to the population. The total the kingdom is divided into 249 parts, and each department nominates as many deputies as it contains parts of the population.

V. 249 representatives are attached to the contribution direct. The sum total of the direct contribution of the kingdom is likewise divided into 249 parts, and each department nominates as many deputies as it pays parts of the contribution.

SECTION II. Primary Assemblies; Nomination of Electors.

1. In order to form a legislative

I. The national assembly, form- national assembly, the active citi

zens

zens shall convene in primary assemblies in the cities and cantons. II. To be an active citizen, it is necessary,

To be a Frenchman, or have become a Frenchman;

To have attained twenty-five years complete ;

To have resided in the city or canton at least for the space of one year;

To pay in any part of the kingdom a direct contribution at least equal to the value of three days labour, and to produce the acquit

tance;

Not to be in a menial capacity, namely, that of a servant receiving wages;

To be inscribed in the municipality of the place of his residence in the list of the national guards;

To have taken the civic oath. III. Every six years the legislative body shall fix the minimum and the maximum of the value of a day's labour, and the administrators of the departments shall determine the rate for every district.

IV. None shall exercise the rights of an active citizen in more than one place, nor employ another as his substitute.

V. Those shall be excluded who are in a state of accusation or bankruptcy.

VI. The primary assemblies shall name electors in proportion to the number of active citizens residing in the canton.-One elector to a hundred active citizens; two, when there shall be present from 151 to 250; and so on in this proportion.

VII. No man can be named elector, if, along with the conditions necessary in order to be an active citizen, he does not join that of paying a contribution direct of a day's labour.*

SECTION III. Electoral Assemblies; Nomination of Representatives.

I. The electors named in each department shall chuse the number of representatives whose nomination shall belong to the department, and a number of substitutes equal to a third of the representatives.

II. The representatives and substitutes shall be chosen by an absolute majority of votes.

III. All active citizens, whatever be their state, profession, or contribution, may be chosen as representatives of the nation.

IV. Excepting those who, under whatever denomination, hold any employ in the royal household.

V. The exercise of the municipal, administrative, and judiciary functions, shall be incompatible with the function of a representative of

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• The committees of constitution and of revision are of opinion, that in order to preserve the purity of the national representation, which in our constitution is the first basis of liberty, it is of importance to secure as much as possible the independence and enlightened spirit of the electoral assemblies, and to set no limits to the confidence reposed in them, and the freedom of choice to which they are entitled ; consequently they propose to the assembly to suppress the condition of a mark of silver attached to the eligibility of the members of the legislative body, and to augment the contribution required for electors.

It follows, however, that the electoral bodies being formed previous to the present regulations, these alterations shall have no influence in the choice of the next legislature.

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III. No armed force can be introduced, except at the express desire of the assembly, unless in case of actual violence, when the order of the president shall be sufficient to call in the aid of the public force. IV. Every two years there shall be drawn up, in each district, lists, by cantons, of the active citizens, and the list of each canton shall be published and posted up two months before the meeting of the primary assembly.

The protests which shall be made, either against the rights of citizens, named in the list, or on the part of those who shall affirm that they are

unjustly omitted, shall be carried to the tribunals, to be there decided.

V. The electoral assemblies have the right of verifying the quality and powers of those who shall present themselves there; and their decisions shall be provisionally executed, with a reserve for the sentence of the legislative body.

VI. Under no pretext whatever shall the king, or his agent, interfere in questions relative to the political rights of citizens. SECTION V. Meeting of the Representatives in the Legislative National Assembly.

I. The representatives shall convene on the first Monday of May, in order to supply the place of the last legislature.

II. They shall form themselves provisionally under the presidence of the eldest of their number, in order to verify the powers of the representatives present.

III. As soon as these shall be verified, to the number of three hundred and seventy-three members, they shall constitute themselves under the title of legislative national assembly; they shall name a president, vice president, and secretaries, and enter upon the exercise of their functions.

IV. During the whole of the month of May, if the number of representatives present fall short of three hundred and seventy-three, the assembly shall not perform any legislative act.

They may issue an Arret, enjoining absent members to attend their functions within fifteen days at farthest,

The committees of Constitution and Revision regard the limitation stipulated in this article as contrary to liberty, and pernicious to the national interest.

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