may be ready to defend your country against enemies who are desirous of regulating our national colours, imposing sovereigns upon us, and dictating constitutions. Under these circumstances, it is the duty of every Frenchman, already accustomed to war, to join the imperial standard. Let us present a frortier of brass to our enemies, and prove to them that we are always the same.

"Soldiers !-Whether you have obtained unlimited or limited furloughs, or whether you have received your discharge, if your wounds are healed, and you are in a state fit to serve, come and join the army! Honour, your country, your emperor invites you!

"With what reproaches would you not have cause to overwhelm me, were our fine country again to be ravaged by those soldiers whom you so often vanquished, and were the foreigner to invade and obliterate France from the map of Europe.

(Signed) "The Prince of ECHмUHL."

On his first landing in France, Napoleon had pledged his honour that he would grant to the people a constitution agreeable to their wishes, and favourable to their liberties. The difficulties opposing the performance of his promise were at this moment greatly encreased, by an utter discordance in the views and interests of the persons employed in its fabrication. Those ministers and members of the council who had been accustomed to repeated changes in the government, were of opinion that the French should be furnished with a free constitution; that the sovereignty of the people might be exercised on the present occasion, and that a convocation of electors to be assembled in the Field of May, as the immediate representatives of the people, should have the power of changing whatever articles might appear to them unfavourable, and of adopting such measures as they should judge expedient for the interest of their country. The Champ de Mai, or Champ de Mars, is a large area in the front of the Ecole Militaire, extending almost to the banks of the Seine. It was appropriated, like the Campus Martius at Rome, to the reviews of the troops, and to horse and foot races on public festivals. Various were the plans for the organization of the crowd of special re

presentatives, amounting to about 25,000 electors. It was at length arranged that committees should be named by the electors, from their own body, who should propose and discuss such changes, and whose reports should be made to the collective members, so that the opinion of the whole might be almost individually obtained. Such was the nature of the scheme projected by the democratic members of the cabinet.

The danger arising from a deliberating mass of 25,000 citizens was too obvious to escape Buonaparte's penetration. But as it had been decreed that the assembly of the Champ de Mars should take place, it was impossible to countermand the meeting, and measures were therefore taken to neutralise its effects. The electors were to receive no pecuniary consideration for their expenses of travelling, or their residence in Paris; and it was known that no great number would undertake the journey at their own cost. It was intimated at the same time that the business of the electors was not to discuss the articles of any constitution that might be laid before them, but to verify the registers and count the votes. The operations of the electors were thus reduced to the service of clerks, since assent or disapprobation of the constitutional act was no longer their concern. The same decree enacted the mode of taking those votes, on registers opened at the town-houses, at the offices of government, and at notaries, where the votes were inscribed. scribed. It was even found that the agents of government in the departments would construe the title of active citizens in a sense too confined, and admit none to vote but such as could prove that they were members of the corporation in the towns where they resided. Several messengers were at the same time dispatched into each military division, to expel from office all mayors, municipal officers, members of general councils, and other individuals bearing authority, and to supply their places with his own partizans.

The most violent contests were maintained in the cabinet between the emperor and his advisers. Adherents to democracy, Carnot and his friends endeavoured to support the claims of liberty, and to frame a constitution which might unite the contending parties of

A a

the nation in one unanimous submission to its laws, to whatever sovereign the executive power might be confided. They were inflamed by the spirit of freedom to a pitch of enthusiasın, unjustified by existing circumstances, and proposed that Napoleon should resign the title of emperor for that of generalissimo of the republic. Deeply offended, as he must have been, at so singular a proposal, he disguised his resentment till he had framed a constitution of his own, when he suddenly bade adieu to his counsellors, left the Thuilleries, and intrenched himself at the Palais Bourbon, surrounded by his guards. Scarcely had he effected his escape from the importunities of the republican party, by which he had been so closely surrounded, before he published the following unexampled and important document :

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Napoleon, by the grace of God and the constitutions, emperor of the French, to all present and to come, greeting.

Since we were called, fifteen years ago, to the government of the state by the wishes of France, we endeavoured at various times to improve the constitutional forms, according to the wants and desires of the nation, and profiting by the lessons of experience. The constitutions of the empire were thus formed of a series of acts which were sanctioned by the acceptance of the people. It was then our objects to organize a grand federative European system, which we had adopted as conformable to the spirit of the age, and favourable to the progress of civilization. In order to attain its completion, and to give it all the extent and stability of which it was susceptible, we postponed the establishment of many internal institutions more particularly destined to protect the liberty of the citizens. Henceforward our only object is to increase the prosperity of France, by the confirmation of public liberty. From this results the necessity of various important modifications of the constitutions, the senatus consulta, and other acts which govern this empire. For these causes, wishing, on the one hand, to retain of the past

what was good and salutary, and on the other, to render the constitutions of our empire in every thing conformable to the national wishes and wants, as well as to the state of peace which we desire to maintain with Europe, we have resolved to propose to the people a series of arrangements tending to modify and improve its constitutional acts, to strengthen the rights of citizens by every guarantee, to give the representative system its whole extension, to invest the intermediate bodies with the desirable respectability and power,-in one word, to combine the highest degree of political liberty and individual security, with the force and centralization necessary for causing the independence of the French people to be respected by foreigners, and necessary to the dignity of our crown. In consequence, the following articles, forming an act supplementary to the constitutions of the empire, shall be submitted to the free and solemn acceptance of all citizens throughout the whole extent of France.

66 TITLE I.

"Art. 1. The constitutions of the empire, particularly the constitutional act of the 22d Frimaire, year &; the senatus consulta of the 14 and 16 Thermidor, year 10; and of the 28 Floreal, year 12, shall be modified by the arrangements which follow. All other arrangements are confirmed and maintained.

"2. The legislative power is exercised by the emperor and two chambers.

"3. The first chamber, called the chamber of peers, is hereditary.

4. The emperor appoints its members, who are irrevocable, they and their male descendants, from one eldest son to another. The number of peers is unlimited. Adoption does not transmit to him who is its object the dignity of the peerage. Peers take their scats at twenty-one years of age, but

have no deliberate voice till twenty-five.

"5. The arch-chancellor of the empire is president of the chamber of peers, or, in certain cases, a member of the chamber specially designated by the emperor.

"6. The members of the imperial family, in hereditary order, are peers of right. They take their seats at eighteen years of age, but have no deliberate voice till twenty-one.

"7. The second chamber, called that of representatives, is elected by the people.

"8. Its members are six hundred and twenty-nine in number. They must be twenty-five years old at least.

"9. Their president is appointed by the chamber, at the opening of the first session. He retains his function till the renewal of the chamber. His nomination is submitted to the approbation of the emperor.

"10. This chamber verifies the powers of its members, and pronounces on the validity of contested elections.

"11. Its members receive for travelling expenses, and during the session, the decreed by the constituent assembly.

pay

"12. They are indefinitely re-eligible. "13. The chamber of representatives is wholly renewed every five years.

"14. No member of either chamber can be arrested, except for some capital crime; nor prosecuted in any criminal or correctional matter during a session, but in virtue of a resolution of the chamber of which he forms a part.

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15. None can be arrested or detained for debt, from the date or convocation of the session, or for forty days afterwards.

"16. In criminal or correctional matters, peers are judged by their chamber, according to prescribed forms.

"17. The office of peer and representative is compatible with all other public functions, except those of matters of account (comptables); prefects and sub-prefects, are, however, ineligible.

"18. The emperor sends to the chambers ministers and counsellors of state, who sit there to take part in the debates, but have no deliberative voice unless they are peers or elected by the people.

"19. Thus ministers, the members of either chamber, or sitting there by mission from government, give to the chambers such information as is deemed necessary, when its publicity does not compromise the interest

of the state.

1

20. The sittings of the two chambers are public. They may, however, go into secret committee, the peers on the demand of ten, and the representatives on the demand of twenty-five members. Government may Government may

also require secret committees when it has communications to make. In all other cases deliberation and vote can only be in public sitting.

"21. The emperor may prorogue, adjourn, and dissolve the chamber of representatives. The proclamation which pronounces the dissolution convokes the electoral colleges for a new election; and fixes the meeting of representatives within six months at the furthest.

"22. During the recess of sessions of the chamber of representatives, or in case of its dissolution, the chamber of peers cannot

meet.

"23. Government has the proposal of laws; the chambers can propose amendments; if these amendments are not adopted by government, the chambers are bound to vote on the law such as it was proposed.

"24. The chambers have the power of inviting government to propose a law on a determinate object, and to draw up what it appears to them proper to insert in the law. This claim may be made by either chamber.

"25. When a bill is adopted in either chamber, it is carried to the other; and if there approved, it is carried to the emperor.

"26. No written discourse, excepting reports of committees, or of ministers on laws, and accounts, can be read in either chamber. "TITLE II.-OF ELECTORAL COLLEGES, AND THE MODE OF ELECTION.

"27. The electoral colleges of departments and arrondissements are maintained, with the following modifications.

"28. The cantonal assemblies will yearly fill up by elections all the vacancies in electoral colleges.

"29. Dating from 1814, a member of the chamber of peers appointed by the emperor shall be president for life, and irremoveable, of every electoral college of department,

"30. Dating from the same period, the electoral college of every department shall appoint, among the members of each college of arrondissement, the president and two vice-presidents. For that purpose the meeting of the departmental college shall precede by a fortnight that of the college of arrondissement.

"31. The colleges of department and arrondissement shall appoint the number of representatives fixed for each in the table adjoined.

32. The representatives may be chosen indiscriminately from the whole extent of France. Every college of department or arrondissement which shall choose a member out of its bounds, shall appoint a supplementary member, who must be taken from the department or arrondissement.

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33. Manufacturing and commercial in dustry and property shall have special representatives. The election of commercial and manufacturing representatives shall be made by the electoral college of department, from a list of persons eligible, drawn up by the chambers of commerce and the consultative chambers united.

66 TITLE III.-OF TAXATION. "34. The general direct tax, whether on land or moveables, is voted only for one year: indirect taxes may be voted for several years. In case of the dissolution of the chamber of representatives, the taxes voted in the ceding session are continued till the next meeting of the chamber.

pre

"35. No tax, direct or indirect, in money or kind, can be levied, no loan contracted, no

inscription in the great book of the public

debt can be made, no domain alienated or sold, no levy of men for the army ordered, no portion of territory exchanged, but in vir

tue of a law.

“36. No proposition of tax, loan, or levy of men, can be made but to the chamber of representatives.

"37. Before the same chamber must be

laid, in the first instance, 1. The general budget of the state, containing a view of the receipts, and the proposal of the funds assigned for the year, to each department of service: 2. The account of the receipts and expenses of the year, or of preceding years. "TITLE IV.—OF MINISTERS, AND OF RE

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SPONSIBILITY.

38. All the acts of government must be countersigned by a minister in office.

"39. The ministers are responsible for acts of government signed by them, as well as for the execution of the laws.

"43. Before placing a minister in accusation, the chamber of representatives must declare that there is ground for examining the charge.

"44. This declaration can only be made on the report of a committee of sixty, drawn by lot. This committee must make its report in ten days, or sooner, after its nomination.

ground for inquiry, it may call the minister before them to demand explanations, at least within ten days after the report of the committee.

"45. When the chamber declares there is

"46. In no other case can ministers in office be summoned or ordered by the chambers.

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tives has declared that there is ground for inquiry against a minister, a new committee of sixty drawn by lot is formed, who are to make a new report on the placing in accusation. This committee makes its report ten days after its appointment.

47. When the chamber of representa

"48. The placing in accusation is not to be decided till ten days after the report is read and distributed.

"49. The accusation being pronounced, the chamber appoints five of its members to prosecute the charge before the peers.

"50. The seventy-fifth article of the constitutional act of the 22 Frimaire, year 8, importing that the agents of government can only be prosecuted in virtue of a decision of the council of state, shall be modified by a law.

46 TITLE V.-OF THE JUDICIAL POWER.

"51. The emperor appoints all judges They are irremoveable, and for life, from the

moment of their appointment; but the nomination of justices of peace, and judges of commerce shall take place as formerly.

"The existing judges, appointed by the emperor, in terms of the senatus consultum of the 12th Oct. 1807, and whom he shall think proper to retain, shall receive provisions for life before the 1st of January next. "52. The institution of juries is maintained.

53. The discussions on criminal trials shall be public.

54. Military offences alone shall be tried by military tribunals.

"55. All other offences, even those committed by military men, are within the jurisdiction of civil tribunals.

"56. All the crimes and offences which were appropriated for trial to the high imperial court, and of which this act does not reserve the trial to the chamber of peers, shall be brought before the ordinary tribunals.

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57. The emperor has the right of pardon, even in correctional cases, and of granting

amnesties.

"58. Interpretations of laws demanded by the court of a cassation shall be given in the form of a law.

.

“TITLE VI.—RIGHTS OF CITIZENS.

59. Frenchmen are equal, in the eye of the law, whether for contribution to taxes and public burdens, or for admission to civil or military employments.

"60. No one, under any pretext, can be withdrawn from the judges assigned to him by law.

"61. No one can be prosecuted, arrested, detained, or exiled, but in cases provided for by law, and according to the prescribed forms.

"62. Liberty of worship is guaranteed to all.

"63. All property possessed or acquired in virtue of the laws, and all debts of the state, are inviolable.

" 64. Every citizen has a right to print and publish his thoughts, on signing them, without any previous censorship, liable at the same time, after publication, to legal responsibility, by trial by jury, even where there is ground only for the application of a correctional penalty.

"65. The right of petitioning is secured to all the citizens. Every petition is individual. Petitions may be addressed either to the government or to the two chambers; nevertheless, even the latter must also be intitled "To the Emperor." They shall be presented to the chambers under the guarantee of a member who recommends the petition. They are publicly read, and if the chambers take them into consideration, they are laid before the emperor by the president.

"66. No fortress, no portion of territory, can be declared in a state of siege, but in case of invasion by a foreign force, or of civil broils. In the former case the declaration is made by an act of the government. In the latter it can only be done by the law. However, should the two chambers not then be sitting, the act of the government declaring the state of siege must be converted into a plan of law within a fortnight after the meeting of the chambers.

67. The French people moreover declares, that in the delegation which it has made and makes of its powers, it has not meant, and does not mean to give a right to propose the reinstatement of the Bourbons, or any prince of that family on the throne, even in case of the extinction of the imperial dynasty; nor the right of re-establishing either the ancient feudal nobility, or the feudal or seignorial rights or titles, or any privileged or predominant religion; nor the power to alter the irrevocability of the sale of the national domains; it formally interdicts to the government, the chambers, and the citi-1 zens, all propositions on that subject. "Given at Paris, April 22, 1815. "NAPOLEON.

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(Signed)

"By the emperor,

"The minister secretary of state,

(Signed) "The duke of BASSANO."

The last of these articles was intended as a retort to the declaration of the allies, who had excluded Napoleon from the pale of civil society. The chief objections to the additional act, related more directly to the manner in which it was framed and promulgated than to the nature of its stipulations. By issuing a document so important as his personal act and deed, he appeared to assume an