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VII. He who, without openly infringing the laws, eludes them by craft or by addrefs, hurts the interefts of all: he renders himfelf unworthy of their benevolence and of their esteem.
VIII. Upon the maintenance of property reft the cultivation of the earth, all produce, all means of labour, and all focial order. IX. Every citizen owes his fervice to his country, and to the maintenance of liberty, of equality, and of property, as often as the law calls upon him to defend them.
1. The French Republic is one and indivifible.
3. France is divided into departments.-Thefe departments are- L'Ain, L'Aifne, L'Allier, Les Baffes-Alpes, Les Hautes Alpes, Les Alpes-Maritimes, L'Ardèche, Les Ardennes, L'Arriege, L'Aube, L'Aude, L'Aveyron. Les Bouches du Rhöne. Le Calvados, Le Cantal, La Charente, La Charante-Inférieure, Le Cher, La Correze, La Côte-d'Or, Les Cötes-du-Nord, La Creufe. La Dordogne, Le Doubs, La Dröme. L'Eure, L'Eureet-Loire. Le Finisterre. Le Gard, La Haut-Garonne, Le Gers, La Gironde, Le Golo. L'Herault. L'Ille-et-Villaine, L'Indre, Indre-et-Loire, L'Ifére, Le Jura. Les Landes, Le Liamone, Loir-et-Cher, La Loire, La Haute-Loire, La Loire-Inférieure, Le Loiret, Le Lot, Le Lot-et-Garonne, La Lozère. La Maineet-Loire, La Manche, La Marne, La Haute-Marne, La Mayenne, La Meurthe, La Meufe, Le Mont-Blanc, Le Mont-Terrible, Le Morbihan, La Mofelle. La Niévre, Le Nord. L'Oife, L'Orne. Le Pas de-Calais, Le Puy-de-Döme, Les Baffes-Pyrénées, Les Hautes-Pyrénées, Les Pyrénées-Orientales. Le BasRhin, Le Haut-Rhin, Le Rhöne. Le Haut-Saöne, Saöne-etLoire, La Sarthe, La Seine, La Seine-Inférieure, Seine-et-Marne, Seine-et-Oife, Les Deux Sèvres, La Somme. Le Tarn. Le Var, La Vauclufe, La Vendée, La Vienne, La Haute-Vienne, Les Vofges. L'Yonne.....
4. The limits of departments may be changed or rectified by the legislative body; but, in this cafe, the furface of a depart ment cannot exceed one hundred fquare myriameters, (four hundred fquare leagues, of two thoufand five hundred and fixty-fix toifes each.)
5. Each department is diftributed into cantons, each canton into communes. The cantons retain their prefent limits.-Their limits may, nevertheless, be changed or rectified by the legislative body; but, in this cafe, there cannot be more than one myria meter (two leagues, of two thoufand five hundred and fixty-fix
toifes each) from the most diftant commune to the chief place of
6. The French colonies are integral parts of the Republic, and fubject to the fame conftitutional law.
7. They are divided into departments as follow:--The island of St. Domingo, the legislative body of which fhall fettle the divifion into four departments at leaft, or fix at most. Guadaloupe, Marie-Galante, Défiada, Les Saintes, and the French part of St. Martin; Martinico; French Guiana and Cayenne; St. Lucia and Tobago; the Ifle of France, Les Seychelles, Roderigue, and the establishments of Madagascar. The ifle of Re-union; the East Indies, Pondicherry, Chandernagor, Mahé, Karical, and other establishments.
Political State of Citizens.
8. Every man born and refident in France, who, being twentyone years of age, has infcribed his name on the civic register of his canton, and who has lived afterward one year on the territory of the Republic, and who pays a direct contribution, real or perfonal, is a French citizen.
9. Frenchmen who have made one or more campaigns for the establishment of the Republic, are citizens without any condition of contribution.
10. A foreigner becomes a French citizen when, after having attained the age of twenty-one years, and having declared his intention of fettling in France, he has refided there for feven years following, provided he pays a direct contribution, and moreover poffeffes a real property, or an establishment in agriculture or commerce, or has married a French woman.
11. French citizens alone can vote in the primary affemblies, and be called to the functions eftablished by the conftitution.
12. The exercise of the rights of a citizen is loft, ift, by naturalization in a foreign country; 2d, by affiliation with any foreign corporation, which fuppofes diftinctions of birth, or requires religious vows; 3d, by the acceptance of functions, or of penfions offered by a foreign government; 4th, by condemnation to corporal or infamous punishment, until recapacitation.
13. The exercife of the rights of citizens is fufpended, 1ft, by a judicial interdict on account of infanity, idiotifm, or imbecility; 2d, by a ftate of bankruptcy, or being an immediate heir, and detaining gratuitoufly, the whole or part of the fucceffion of a bankrupt; 3d, by being a domeftic on wages, attending on the perfon, or ferving in the houfe; 4th, by being under accufation; 5th, by a sentence of contumacy, until that fentence hall be annulled.
14. The exercife of the rights of citizens is neither loft nor fufpended in the two preceding articles, but in cafes pronounced
15. Every citizen who has refided feven years following out of the territory of the Republic, without miffion or authorization given in the name of the nation, is reputed a foreigner. He becomes not a French citizen until he has conformed to the conditions prescribed by article 10.
16. Young men cannot be infcribed on the civic regifter, unlefs they prove that they can read and write, and exercise a mechanical profeffion.-The manual operations of agriculture belong to mechanic profeffions.-This article not to operate till the twelfth year of the Republic.
17. The primary affemblies are compofed of citizens domiciliated in the fame canton.-The domiciliation requifite for voting in these affemblies is acquired by fimple refidence during a year, and is loft by a year's abfence.
18. No man can vote by deputy in the primary affemblies, or vote, for the fame object, in more than one of these affemblies.
19. There is one primary affembly at least for every cantonWhen there are feveral, each is compofed of four hundred and fifty citizens at leaft, or nine hundred at moft.-Thefe numbers are understood of citizens prefent or abfent, having a right to vote in them.
20. The primary affemblies are conftituted provifionally, under the prefidency of the oldest man; the youngest fills provifionally the office of fecretary.
21. They are definitively constituted in nominating, by ballot, a prefident, a fecretary, and three fcrutineers.
22. If difficulties arife on the right of voting, the affembly decides provifionally, faving recourfe to the civil tribunal of departments.
23. In every other cafe, the legislative body alone pronounces on the validity of the operations of the primary affemblies. 24. No man can appear in arms in the primary affemblies. 25. Their police belongs to themselves.
26. The primary affemblies meet-1. To accept or reject the conftitution propofed by the affemblies of revifion. 2. To make the elections which belong to them according to the conftitution.
27. They affemble in full right on the 1ft Germinal (March 21) of each year, and proceed, according as there may be occafion, to the election,-1. Of the members of the electoral affemblies. 2. Of the juftice of peace and his affeffors. 3. Of the prefident
of the municipal adminiftration of the canton, or of the municipal officers in communes of more than five thousand inhabitants. 28. Immediately after thefe elections, there are held, in communes of lefs than five thousand inhabitants, communal affemblies, which elect the agents of each commune and their assistants. 29. Whatever is done in a primary or communal affembly beyond the object of its convocation, and against the forms determined by the conftitution, is null.
30. The affemblies, whether primary or communal, make no elections but those which are attributed to them by the constitution. 31. All the elections are made by fecret ballot.
32. Every citizen who is legally convicted of having fold or bought a fuffrage, is excluded from the primary and communal affemblies, and from all public functions, for twenty years; in cafe of a fecond offence, he is excluded for ever.
33. Each primary assembly nominates one elector for two hundred citizens, present or absent, who have a right to vote in the faid affembly. To the number of three hundred citizens inclufively, but one elector is nominated.-Two are nominated, for from three to five hundred.-Three, for from five hundred and one to seven hundred.-Four, for from seven hundred and one to nine hundred.
34. The members of the electoral affemblies 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 twentyfive years of age, and if he do not unite to the qualifications neceflary for exercising the rights of a French citizen, one of the following conditions, viz. In communes of more than fix thoufand inhabitants, that of being proprietor, or having the ufufruct of a property, valued at a revenue equal to the local value of two hundred days labour; or being leffee, 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 lefs than fix thousand inhabitants, that of being proprietor, or having the ufufruct of a property, valued at a revenue equal to the local value of one hundred and fifty days labour; or of being leffèe, either of a habitation, valued at a revenue equal to the value of one hundred days labour, or of a rural property, valued at one hundred days labour. And in the country, that of being proprietor, or having the ufufruct of a property, valued at a revenue equal to the local value of one hundred and fifty days labour; or of being the renter (fermier
(fermier où metayer*) of property valued at two hundred days labour. With refpect to thofe who may be proprietors, or have the ufufruct of one property, and be leffee, or renters of another, their means under both heads fhall be taken cumulatively, to make out the neceffary qualification for being eligible.
36. The electoral affembly of each department meets on the 20th Germinal (April 9) of each year, and terminates in one fingle feffion of ten days at moft, and without the power of adjourning, all the elections to be made; after which it is diffolved of full right.
37. The electoral affemblies cannot employ themfelves upon any object foreign to the election with which they are charged; they can neither fend nor receive any address, any petition, any deputation.
38. The electoral affemblies cannot correfpond with one another.
39. No citizen, having been a member of an electoral affembly, can take the title of elector, or meet in this quality with those who have been members of the fame affembly with him.The contravention of this article is an infringement of the general fafety.
40. Árticles 18, 21, 23, 24, 25, 29, 30, 31, and 32, of the preceding title on the primary affemblies, are common to the electoral affemblies.
41. The electoral affemblies choofe, as there may be occafion -1. 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 adminiftrators of departments. 5. The prefident, public accufer, and register of the criminal tribunal. 6. The judges of the civil tribunals.
42. When a citizen is elected by the electoral affemblies to replace a functionary who is dead, refigned, or removed, that citizen is elected only for the time that remained to the functionary, replaced.
43. The commiffary of the executive directory belonging to the adminiftration of each department, is bound, on pain of removal, to inform the directory of the opening and clofing of the electoral assemblies: this commiffary can neither ftop nor fufpend the operations, nor enter the place of fitting of the affembly; but he has a right to demand communication of the minutes of each fitting within the twenty-four hours following, and he is bound to denounce to the directory infractions of the conftitutional act. In all cafes the legiflative body alone pronounces on the validity of the operations of the electoral affemblies.
• Metayer, is a person who rents both a farm and the stock upon it.