or communal assembly, beyond the object of its convocation, and against the forms determined by the constitution, is null.

30. The assemblies, whether primary or communal, make no elec. tions but those which are attributed to them by the constitutional act. 31. All the elections are made by secret ballot.

32. Every citizen who is legally convicted of having sold or bought a suffrage, is excluded from the primary and communal assemblies, and from all public functions, for twenty years; in case of a second offence, he is excluded for ever. Title IV.-Eldoral Assemblies.

33. Each primary assembly nominates one elector for 200 citi. zens, present or absent, having a right to vote in the said assembly. To the number of 300 citizens inclusively, bat one elector is nominated. Twoare nominated, for from 301 to 500; three, for from 501 to 700; four, for from 701 to 900.

34. The members of the electo. ral assemblies are nominated every year, and cannot be re-elected till after an interval of two years.

35. No man can be nominated an elector if he be not twenty-five years of age, and if he do not unite to the qualifications, necessary for exercising the rights of a French citizen, one of the following condi. tions, viz. In communes of more than 6000 inhabitants, that of be. ing proprietor or having the usufruct of a property valued at a revenue qual to the local value of two hun. dred days' labour; or being lessee, either of a habitation valued at a revenue equal to the value of one hundred and fifty days' labour, or

of a rural property, valued at one hundred and fifty days' labour. In communes of less than 6000 inha bitants, that of being proprietor or having the usefruct of a property, valued at a revenue equal to the local value of 150 days' labour; or of being, lessee, either of a habitation valued at a revenue equal to the value of 100 days' labour, or of a rural property valued at 100 days' labour. And in the country, that of being proprietor or having the usufruct of a property valued at a revenue equal to the local value of 150 days' labour, or of being the renter (Fermier ou Metayer*) of property valued at 200 days' labour. With respect to those who may be proprietors, or have the usufruct of one property, and be lessees or renters of another, their means under both heads shall be taken cumula. tively, to make out the necessary qualification for being eligible.

36. The electoral assembly of each department meets on the 20th Germinal (April 9th) of each year, and terminates in one single ses sion of ten days at most, and with. out the power of adjourning, all the elections to be made; after which it is dissolved of full rights

37. The electoral assemblies cannot employ themselves upon any object foreign to the election with which they are charged; they can neither send nor receive any ad. dress, any petition, any deputation.

38. The electoral assemblies can. not correspond with one another.

39. No citizen, having been a member of an electoral assembly, can take the title of elector, of meet in this quality with those who have been members of the same assembly with him.

The

Contravention of this article is an infringement of the general safety.

40. Articles 18, 21, 23, 24, 25, 29, 30, 31, and 32, of the preceding title on the primary assemblies, are common to the electoral assem. blies.

41. The electoral assemblies choose, as there may be occasion1. The members of the legislative body, viz. the members of the council of elders; afterwards, the members of the council of five hundred.-2. The members of the tribunal of annulment.-3. The high jurors.-4. The administra. tors of department.-5. The presi. dent, public accuser, and register of the criminal tribunal.-6. The judges of the civil tribunals.

42. When a citizen is elected by the electoral assemblies to replace a functionary who is dead, tesigned, or removed, that citizen is elected only for the time that remained to the functionary replaced.

43. The commissary of the executive directory, at the administration of each department, is bound, on pain of removal, to inform the directory of the opening and the closing of the electoral assemblies: this commissary can neither stop nor suspend the operations, nor enter the place of sitting of the assembly; but he has a right to demand communication of the minutes of each sitting within the twenty-four hours following; and he is bound to denounce to the directory infractions of the constitu tional act. In all cases the legis. lative body alone pronounces on the validity of the operations of the electoral assemblies. VOL. XXXVII.

Title V.Legislative Power.-General Dispositions.

44. The legislative body is compesed of a council of elders, and a council of five hundred.

45. The legislative body cannot, in any case, delegate to one or more of its members, or to any one whom. soever, any of the functions attri buted to it by the present constitution.

46. It cannot exercise, by itself, or by delegates, the executive power, or the judicial authority.

47. There is incompatibility between the quality of member of the legislative body, and the exercise of any other public function, except that of archivist of the republic.

48. The law determines the mode of the definitive or temporary replacing public functionaries, who are elected members of the legisla. tive body.

49. Each department concurs, in proportion to its population only, in its nomination of members of the council of elders, and of mem.. bers of the council of five hun dred.

59. Every ten years of the legis lative body, according to statements of population sent to it, determines the number of members of either council which each department ought to furnish.

51. No change can be made in this distribution during that interval.

52. The members of the legisla tive body are not representatives of the departments which nominate them, but of the whole, nation; and no instruction can be given them.

53. Both councils are renewed annually by thirds.

G

54. The

54. The members going out, af ter three years, may be immediately re-elected for the three years follow. ing, after which there must be an interval of two years to render them eligible again.

55. No man, in any case, can be a member of the legislative body, during more than six years follow. ing.

56. If, by extraordinary circum. stances, one of the two councils finds itself reduced to less than twothirds of its members, it gives no tice to the executive directory, which is bound to convoke, with out delay, the primary assemblies of the departments which have members of the legislative body to replace, in consequence of circumstances. The primary assemblies immediately nominate clectors, who proceed to the necessary replacings. 57. The members newly elected for either council, meet on the 1st Prairial (May 20) of each year, in the commune pointed out by the legislative body preceding, or in the commune where it held its last sittings, if another be not pointed

.out.

58. The two councils reside al. ways, in the same commune.

59. The legislative body is per. manent: it may nevertheless ad. journ itself for stated terms. i6o. In no case can the two councils meet in the same hall.

61. The functions of president, -and of secretaries, cannot exceed the duration of one month, either in the council of elders, or in that of five hundred.

62. The two councils have re spectively the right of police, in the place of their sittings, and its external circuit such, as they determine it.

63. They have respectively the right of police over their members; but they cannot pronounce a sentence more. severe than censure, arrest for eight days, and imprisonment for three.

64. The sittings of both councils are public: the persons who attend cannot exceed the number of the half of the respective members of each council. The minutes of their sittings are printed.

65. Every vote is taken by sitting down and rising up: in case of doubt, their names are called over; but the individual votes are then secret.

66. On the demand of one hundred of its members, each council may form itself into a general and secret committee; but only to discuss, and not to vote.

67. Neither council can create, in its own body, a permanent committee. Only each council has the power, when a matter appears to it susceptible of a preparatory examination, to nominate, from among its members, a special com. mission, which confines itself solely to the object of its formation. This commission is dissolved as soon as the council has decided upon the object with which it was charged.

68. The members of the legislative body receive an annual indemnity: it is, in both councils, fixed at the value of 3000 myria. grammes of wheat (613 quintals 32 pounds.)

69. The executive directory cannot cause to pass, or stop any body of troops, within the distance of six myriametres (12 mean leagues) of the commune where the legislative body holds its sittings, unless

upon

upon its requisition, or with its authority.

70. There is about the legislas tive body a guard of citizens taken from the sedentary national guard of all the departments, and chosen by their brothers in arms. This guard cannot be less than 1500 men in activity of service.

71. The legislative body determines the mode and duration of this service.

72. The legislative body attends no public ceremony, and sends thither no deputation.

Council of Five Hundred.

73. The council of five hundred is invariably fixed at this number.

74. To be elected a member of the council of five hundred, a man must be thirty years of age com. plete, and have been domiciliated upon the territory of the republic during the ten years which immediately preceded the election. The condition of being thirty years of age shall not be requirable before the seventh year of the republic; till that period, the age of twentyfive years shall be sufficient.

75. The council of five hundred cannot deliberate, if its sittings be not composed of two hundred mem. bers at least.

76. The proposing of laws appertains exclusively to the council of five hundred.

77. No proposition can be debated or resolved upon in the council of five hundred, without ob. serving the following forms:-The proposition is read three times; the interval between two of these readings cannot be less than ten days. The discussion is opened af. ter each reading; and, neverthe.

less, after the first or the second reading, the council of five hun dred may declare that there is ground for adjournment, or, that there is not ground for deliberating. Every proposition must be printed and distributed two days before the second reading. After the third reading, the council of five hundred decides whether or not there be ground for adjourna

ment.

78. No proposition, which, be ing submitted to discussion, has been definitively rejected after the third reading, can be re-produced till after the revolution of a year.

79. The propositions adopted by the council of five hundred are called resolutions..

80. The preamble of every reso lution sets forth,-1. The dates of the sittings in which the three readings of the proposition took place.-2. The act by which it was declared, after the third reading, that there was not ground for ad journment.

81. Are exempted from the forms prescribed by article 77, Proposi tions recognized as urgent, by a previous declaration of the council of five hundred. This declaration sets forth the motives of urgency, and mention is made of it in the preamble of the resolution.

Council of Elderss

82. The council of elders is com posed of two hundred and fifty members.

83. No man can be elected a member of the council of elders If he be not forty years of age com. plete; if he be not married, or a widower; and, if he has not been domiciliated on the territory of the

republic, during the fifteen years which immediately preceded the election.

84. The condition of domicilia. tion required by this article, and that prescribed by article 74, do not concern the citizens who are gone out of the territory of the republic with mission from govern

inent.

- 85. The council of elders cannot deliberate, if the sitting be not composed of one hundred and twenty. six members at least.

86. It appertains, exclusively to the council of elders, to approve or reject the resolutions of the council of five hundred.

87. As soon as a resolution of the council of five hundred comes to the council of elders, the president reads the preamble.

88. The council of elders refuses to approve the resolutions of the council of five hundred, which have not been come to according to the forms prescribed by the constitution.

89. If the proposition has been declared urgent by the council of five hundred, the council of elders deliberates upon approving or rejecting the act of urgency.

.90. If the council of elders reject the act of urgency, it does not deliberate upon the principle of the

resolution.

91. If the resolution be not preceded by an act of urgency, it is read three times: the interval be. tween two of these readings cannot be less than five days. The dis cussion is opened after each read. ing. Every resolution is printed and distributed, two days at least before the second reading.

92. The resolutions of the coun

cil of five hundred, adopted by the council of elders, are called laws.

93. The preamble to laws sets forth the dates of the sittings of the council of elders, in which the three readings took place.

94. The decree by which the council of elders recognizes the urgency of a law is mentioned, with reasons assigned for it, in the preamble to that law.

95. The proposition of a law made by the council of five hun. dred, is understood of all the arti cles of one plan; the council of elders must reject them all, or approve the whole.

96. The approbation of the council of elders is expressed on each proposition of law by this formula, signed by the president and secretaries: the council of elders approves.

97. The refusal to adopt, on account of omission of the forms pointed out in article 77 of this title, is expressed by this formula, signed by the president and secretaries: the constitution annuls.

98. The refusal to approve the principle of a law proposed is expressed by this formula, signed by the president and secretaries: the council of elders cannot adopt.

99. In the case of the present article, the plan of the law reject. ed cannot be again presented by the council of five hundred, till after the revolution of a year.

100. The council of five hundred may, nevertheless, present, at any period whatever, a plan of a law which contains articles that made part of a plan which has been rejected.

101. The council of elders sends the laws it has adopted, within the day,