Page images
PDF
EPUB

1

or one or two of them, shall superintend the publication of the jour

nal.

Each of the responsible agents, shall have the qualifications required by the 980th article of the civil code, and shall be the proprietor of at least one share of the concern, and own in his own right at least one fourth of the security.

6th. No journal or periodical publication compelled to give security by the regulations of this law, shall be published without previously making a declaration containing

1st. The title of the journal or periodical, and the stated times of its appearance.

2d. The names of all the proprietors besides the editors, their places of residence, their share in the concern.

3d. The names and places of re. sidence of the responsible agents.

4th. An affirmation that the proprietors and agents have complied with the conditions prescribed by law.

5th. The place of the printing office where the journal is usually printed.

Whenever any change takes place, either in the title of the journal, or in the conditions of their publication, or among the proprie. tors, or the responsible agents, a delaration of it shall be made before the competent authority, within 15 days after the change, by the responsible agents. Any neglect of this regulation, shall be punished by a fine of 500 francs.

The same regulation shall apply if the journal shall be printed in any other printing office than the one originally designated. If the pub. lication shall be undertaken solely by one individual, the proprietor, provided he possesses the qualifi.

cations specified in the second paragraph of article 5, shall also be the responsible agent of the journal.

Otherwise, he shall be bound to appoint a responsible agent, in conformity with article 5.

The journals not liable to furnish security, shall be bound to make the previous declaration prescribed by number 1, 2, and 5 of the first paragraph of this article.

Art. 7th. These declarations shall be accompanied by a deposite of the surety bonds: they shall be signed by each of the proprietors of the journal, or by the source of power of each of them. They shall be received in Paris, at the direction of the library, and in the departments at the secretary general of prefecture.

Art. 8. Each number of the periodical shall be signed en minute by the proprietor if he be sole; by one of the responsible agents, if it be published by an association in the collective or partnership name; and by one of the representatives, if it be published by an anonymous association.

The original signed, shall be deposited at the office of the royal procureur in the place of publica. tion, or with the mayor, in cities, where there is no tribunal de premiere instance, under penalty of 500 francs upon the agents. Receipts shall be given therefor at the offices of deposite.

The signature shall be printed at the bottom of all the copies, under a penalty of 500 francs upon the printer, without any power of relief.

The signers of each sheet shall be responsible for its contents, and liable to all the penalties imposed by law, on account of libel. lous paragraphs published, without

prejudice to the prosecution of the authors of the libellous articles, as accomplices. Consequently prosecutions may be had, as well against the signers of the impressions, as against the authors of the libels, if the authors are known or prosecuted.

Art. 9. The proprietors of existing journals are granted, provided they do not violate the provisions of article first, the space of six months from the promulgation of this law, to appoint one, two or three responsible agents, possess ing the qualifications required by the preceding articles, and also to make the declaration prescribed by article 6th.

If the responsible agents do not possess in their own right the fourth of the security, they shall be permitted to prove, that, besides their share in the undertaking, they are true and legal proprietors of real estate, paying, at least, 500 francs direct taxes, if the journal is published in the departments of the Seine, of the Seine and Oise, and of the Seine and Moine, and 150 francs in the other departments. The real estate must be free from all incumbrances.

This fact must be expressly mentioned in the declaration.

Art. 10. In case of any dispute as to the regularity or sincerity of the declaration prescribed by article, sixth and the securities, it shall be decided by the tribunals, at the instance of the prefect, summarily, and without expense; the party or his counsel, and the public minister, having been heard.

If the journal has not yet ap. peared, the publication shall be suspended until the judgment, which shall be executed without appeal.

Art. 11. If the declaration prescribed by article 6th is decided to be false and fraudulent in any particular, the journal shall be discon. tinued. The authors of the declaration shall be punished by a fine, of which the minimum shall be equal to one tenth, and the maxi. mum equal to one half of the secu rity.

Art. 12. Where the journal is established and published by a sole proprietor, if the proprietor should die, his widow or heirs shall be permitted, within three months, to appoint a responsible agent. This agent must be the owner of real estate, free from incumbrances, and paying 500 francs direct taxes, if the journal be published in the departments of the Seine, of the Seine and Oise, and of the Seine and Marne, and 150 franks in the other departments.

The agent appointed by the widow or heirs, must possess the qualifications prescribed in art. 980 of the civil code. Within 10 days after the decease, the widow or heirs shall appoint an editor, who shall be responsible for the journal until the agent shall be accepted.

The security of the deceased proprietor shall be liable until the completion of the business.

Art. 13. The pecuniary penalties, decreed against the responsi ble signers, or against the authors of libellous paragraphs, shall be levied (prélévées) 1st. upon that part of the security, belonging to the responsible signers: 2d. upon the residue of the security, where that shall be insufficient, without prejudice, for the surplus, after the rules prescribed by articles 3 and 4 of the law of June 9th, 1819.

Art. 14. Penalties other than those imposed by this law, which

shall have been incurred for the crime of libelling through a journal or periodical publication, shall not be less than double the minimum imposed by the laws relative to repressing the offences of the press. Art. 15. In case of a repetition of the offence by the same agent, and in the case provided for, by article 58 of penal code, besides the provisions of the 10th article of the law of June 9th, 1819, the tribunals may, according to the gravity of the offence, decree the suspension of the journal, for a pe. riod not exceeding two months, and not less than 10 days. During this time, the security shall remain in deposite a la caisse des consignations, and shall not alter its charac

ter.

Art. 16. In all proceedings relative to defamation, if the tribunals decree according to the provisions of article 64 of the charter, that the discussion shall take place with closed doors; the journals shall not, under the penalty of 2000 francs, publish the facts of the defamation, nor give extracts of the records, or any writings which con.

tain them.

In all civil or criminal proceed

ings, where the doors are ordered to be closed, they shall not, under the same penalty, publish any thing but the passing of the sentence.

Art. 17. When, in pursuance of the last paragraph of the 23d article of the law of May 17th, 1819, the tribunals shall, on account of defamatory evidence foreign to the cause reserved, either a public prosecution or a civil action be. tween parties, the journals shall not, under a similar penalty, publish the evidence, nor extracts from the records containing it.

Art. 18. The law of March 17th, 1822, concerning the police of journals and periodical publications, is repealed.

This law, having been discussed, deliberated, and adopted by the chamber of peers, and by that of the deputies, and sanctioned by us this day, shall be carried into effect as a law of the state.

Given in our Chateau de St. Cloud, the 18th day of July, in the year of grace 1828.

CHARLES.

By the king. Keeper of the Seals, Minister Secretary of State of the department of justice.

COMPTE PORTALIS.

RUSSIA AND TURKEY.

PROTOCOL RELATIVE TO THE AF

FAIRS OF GREECE.

His Britannic Majesty having been requested by the Greeks to interpose his good offices, in order to obtain their reconciliation with the Ottoman Porte-having, in consequence, offered his mediation to that power, and being desirous of concerting the measures of his

government upon this subject with his majesty the emperor of all the Russias; and his Imperial majesty, on the other hand, being equally animated by the desire of putting an end to the contest of which Greece and the Archipelago are the theatre, by an arrangement which shall be consistent with the principles of religion, justice, and humanity, the undersigned have agreed:

1. That the arrangement to be proposed to the Porte, if that Government should accept the prof. fered mediation, should have for its object to place the Greeks towards the Ottoman Porte in the relation hereafter mentioned.

Greece should be a dependency of that empire, and the Greeks should pay to the Porte an annual tribute, the amount of which should be permanently fixed by common consent. They should be exclusively governed by authorities, to be chosen and named by them. selves, but in the nomination of which authorities the Porte should have a certain influence.

In this state, the Greeks should enjoy a complete liberty of conscience, entire freedom of com. merce, and should, exclusively, conduct their own internal government.

In order to effect a complete separation between individuals of the two nations, and to prevent the collisions which must be the necessary consequences of a contest of such duration, the Greeks should purchase the property of the Turks, whether situated on the continent of Greece, or in the islands.

2. In case the principle of a media tion between the Turks and Greeks should have been admitted, in consequence of the steps taken with that view by his Britannic Majesty's Ambassador at Constantinople, his Imperial Majesty would exert, in every case, his influence to forward the object of that mediation. The mode in which, and the time at which, his Imperial Majesty should take part in the ulterior negotiations with the Ottoman Porte, which may be the consequence of that mediation, should be determined hereafter by the common consent of the go

vernments of his Britannic Majesty and his Imperial Majesty.

3. If the mediation offered by his Britannic Majesty should not have been accepted by the Porte, and whatever may be the nature of the relations between his Imperial Majesty and the Turkish government, his Britannic Majesty and his Im. perial Majesty will still consider the terms of the arrangement specified in No. 1. of this Protocol, as the basis of any reconciliation to be ef. fected by their intervention, whe. ther in concert or separately, between the Porte and the Greeks; and they will avail themselves of every favourable opportunity to exert their influence with both par. ties, in order to effect their recon. ciliation on the above-mentioned basis.

4. That his Britannic Majesty and his Imperial Majesty should reserve to themselves to adopt, hereafter, the measures necessary for the settlement of the details of the arrangement in question, as well as the limits of the territory and the names of the islands of the Archipelago to which it shall be applicable, and it shall be proposed to the Porte to comprise under the domination of Greece.

5. That, moreover, his Britannic Majesty and his Imperial Majesty will not seek, in this arrangement, any increase of territory, nor any exclusive influence, nor advantage in commerce for their subjects, which shall not be equally attainable by all other nations.

6. That his Britannic Majesty and his Imperial Majesty, being desirous that their Allies should become parties to the definitive arrangement of which this Protocol contains the outline, will communi

cate this instrument, confidentially, tively abstaining from every kind

[blocks in formation]

MANIFESTO OF THE OTTOMAN PORTE, JUSTIFICATORY OF ITS CONDUCT TOWARDS THE GREEKS.

The following document was delivered on the 9th and 10th of June, 1827, by the Reis Effendi to the Dragomans of the French, English, Russian, Austrian, and Prussian missions, in the order in which they repaired to the Porte.

To every man endowed with intelligence and penetration, it is clear and evident that conformably to the decrees of Divine Providence, the flourishing condition of this world is owing to the union of the human species in the social state; and that, as on account of their diversity of manners and character, this union could only be accomplished by the subjection of different nations, Almighty wisdom, in dividing the universe into different countries, has assigned to each a Sovereign, into whose hands the reins of absolute authority over the nations subject to his dominion are placed; and that it is the wise manner the Creator has established and regu. lated the order of the universe.

If, on the one hand, the consist ency and duration of such a state of things principally depend on monarchs and sovereigns respec

of interference in each other's internal and private affairs, it is, on the other hand, not less evident that the essential object of treaties between empires is to guard against the infringement of a system of order so admirable, and thus to establish the security of people and kingdoms. In this way each independent power, besides the obligations which its treaties and foreign relations impose, possesses also institutions and relations which concern only itself and its internal state, and which are the offspring of its legislation and form of government. It belongs, then, to itself alone to judge of what befits itself, and to busy itself therewith exclusively. Moreover, it is matter of public notoriety, that all the affairs of the Sublime Ottoman Porte are founded on its sacred legislation, and that all its regulations, national and political, are strictly connected with the precepts. of religion.

Now the Greeks, who form part of the nations inhabiting the countries conquered ages ago by the Ottoman arms, and who, from generation to generation, have been tributary subjects of the Sublime Porte, have, like the other nations. that since the origin of Islamism remained faithfully in submission, always enjoyed perfect repose and tranquillity under the ægis of our legislation. It is notorious that these Greeks have been treated like Mussulmans in every respect, and as to every thing which regards their property, the maintenance of their personal security, and the defence of their honour; that they have been, particularly under the glorious reign of the present sovereign, load. ed with benefits far exceeding those

« ՆախորդըՇարունակել »