the president of the republic, and, in the event of the accusation of the president or his ministers, by the national assembly. The jury, to the number of thirty-six, and four supplementary jurymen, shall be taken from among the members of the general councils of the departments. Representatives of the people shall not be competent to form part of these juries.

ART. 93. When a decree of the national assembly shall have ordered the formation of the high court of justice as also in the cases provided for in the 68th article, on the requisition of the president or of one of the judges, the president of the court of appeal, and in default of that court, the president of the tribunal of the first instance of the chief judiciary court of the department, shall draw lots in public assembly for the name of a member of the general council.

ART. 94. On the day appointed for the trial, if there are less than sixty jurymen present, the number shall be filled up by supplementary jurymen, drawn by lot by the president of the high court of justice, from among the names of the members of the general council of the department in which the court holds its sitting.

ART. 95. Those jurymen who shall not have given an adequate excuse for absence, shall be condemned to a fine of not less than one thousand francs, and not exceeding ten thousand, and to be deprived of their political rights during five years at the utmost.

ART. 96. Both the accused and the public accuser shall have the right to challenge, as in ordinary cases.

ART. 97. The verdict of the jury pronouncing the accused guilty cannot be rendered except by a majority of two-thirds.

ART. 98. In all cases regarding the responsibility of the ministers, the national assembly may, according to the circumstances, send the accused minister to be tried either before the high court of justice or by the ordinary tribunals for civil indemnities (or damages).

ART. 99. The national assembly and the president of the republic may, in all cases, transmit the examination of the acts of any functionary (except of the president himself) to the council of state, whose report shall be made public.

ART. 100. The president of the republic can only be brought to trial before the high court of justice. Except as is provided for by article 68, he cannot be tried unless upon accusation brought

against him by the national assembly, and for crimes and misdemeanors, which shall be determined by law.

CHAPTER IX.

OF THE PUBLIC FORCES.

ART. 101. The public force is instituted for the purpose of defending the state against enemies from without, and to insure, internally, the maintenance of order, and the execution of the laws. It is composed of the national guard and of the army by sea and by land.

ART. 102. Every Frenchman, save in exceptions determined by the law, owes to his country his services in the army and in the national guard. The privilege of every citizen to free himself from personal military service shall be regulated by the law of recruitment.

ART. 103. The organization of the national guard, and the constitution of the army, shall be regulated by law.

ART. 104. The public force is essentially obedient. No armed force can deliberate.

ART. 105. The public force employed to maintain order in the interior can only act upon the requisition of the constituted authorities, according to the regulations prescribed by the legislative power.

ART. 106. A law shall determine those cases in which the state of siege shall be declared, and shall regulate the forms and determine the effects of such a measure.

ART. 107. No foreign troops can be introduced into the French territory without the previous assent of the national assembly.

CHAPTER X.

SPECIAL REGULATIONS.

ART. 108. The legion of honor is maintained; its statutes shall be revised, and made to accord with the constitution.

ART. 109. The territory of Algeria, and of the colonies, is declared to be French territory, and shall be governed by their separate laws until a special law shall place them under the provisions of the present constitution.

ART. 110. The national assembly confides the trust of this pre

sent constitution, and the rights it consecrates, to the guardianship and patriotism of every Frenchman.

CHAPTER XI.

OF THE REVISION OF THE CONSTITUTION.

ART. 111. Whenever, in the last year of a legislature, the national assembly shall have expressed the wish that the constitution should be modified, in whole or in part, this revision shall be entered upon in the following manner: The wish expressed by the assembly shall not be converted into a definitive resolution until after three successive deliberations held upon the subject, at the interval of one month between each deliberation, and the measure shall only be carried by a vote of three-fourths of the assembly. The number of votes must be five hundred at the least. The assembly for revision shall only be appointed for three months. It shall only engage in the special revision for which it has been assembled; nevertheless, in cases of emergency, it may provide for legislative necessities.

CHAPTER XII.

TRANSITORY ARRANGEMENTS.

ART. 112. The provisions of the codes, laws, and regulations, now in force, and which are not in contradiction with the present constitution, shall remain in force until otherwise provided by law.

ART. 113. All the authorities constituted by the present laws shall continue in the exercise of their present duties until the promulgation of the organic laws which relate to them.

ART. 114. The law of judiciary organization will determine the particular mode for the appointment and first composition of the new tribunals.

ART. 115. After the vote upon the constitution, the constituent national assembly shall proceed to draw up the organic laws, which shall be determined by a special law for that purpose.

ART. 116. The first election of a president of the republic shall take place in conformity with the special law, passed by the national assembly on the 28th of October, 1848.

APPENDIX XIV.

THE PRESENT CONSTITUTION OF FRANCE.

WHEN I wrote the article Constitution for the Encyclopædia Americana, which was before the French revolution of 1830, I classed constitutions under three general heads: 1. Those established by the sovereign power, real or so-called. These were subdivided into constitutions established by a sovereign people for their own government, as ours are; and into such as are granted, theoretically at least, by the plenary power of an absolute monarch; such as the then existing French charter was, a fundamental law called by the French octroyed. 2. Constitutions formed by contracts between nations and certain individuals whom they accept as rulers on distinct conditions. 3. Constitutions forming a compact between a number of states. The present constitution of France is not included in either of these classes. Its genesis, as the reader well knows, was that, first, an individual acquired absolute power by a conspiracy or coup d'état, then caused the people to vote whether they would grant him plenary power to prescribe a constitution; he received the power by above seven millions of votes, and issued the following document, copied from the constitution which Napoleon the First had prescribed at the beginning of this century. If, then, the reader insists upon calling this a constitution-we certainly do not call France at present a constitutional country-we may call it a constitution per saltum, for it was in former times one of the different ways of electing a pope, or the head of a great society, such as the Templars, to elect one individual with the right of appointing the chief, and this was called electing per saltum, by a leap. I also divided constitutions into cumulative constitutions, such as the constitution of England, or that of ancient Rome, and into enacted (or written) constitutions, such as ours are. The present constitution of France can again be classed neither under the one nor the other head. It may, perhaps, be called decreed, or by

any name the reader prefers. It is difficult to find an appropriate name for a thing which is the result of a confused mixture of ideas, of absolutism, popular sovereignty, violence, of breaking of oaths and prescribing of others, of coup d'état, and ratification by those whose work was destroyed by the soldiery, and by the idea of the "incarnation" of popular absolute power in one person. Louis Napoleon has been called the incarnation of a great principle. I do not pretend to find a philosophical name for this product. Probably the whole constitution belongs to the "Napoleonic ideas," of which we read so much at this moment; or we may call it in future an imperatorial or Cæsarean constitution.

The following, then, is the present French Constitution, as it appeared in the official paper, the Moniteur, of January 15, 1852, preceded by the proclamation of Louis Napoleon.

LOUIS NAPOLEON,

PRESIDENT OF THE REPUBLIC.

In the name of the French People.1

FRENCHMEN! When, in my proclamation of the 2d of December, I stated to you in all sincerity what were, according to my ideas, the vital conditions of government in France, I had not the pretension, so common in our days, of substituting a personal theory for the experience of ages. On the contrary, I sought in the past what were the best examples to follow, what men had given them, and what benefit had resulted therefrom.

Having done so, I considered it only logical to prefer the precepts of genius to the specious doctrines of men of abstract ideas. I took as model the political institutions which already, at the beginning of the present century, in analogous circumstances, strengthened society when tottering, and raised France to a high degree of prosperity and grandeur.

I selected as model those institutions which, in place of disappearing at the first breath of popular agitations, were overturned only by all Europe being coalesced against us.

1 The reader will find, on a subsequent page, that the whole of this constitution was retained under the empire with the exception of a few passages, relating to the hereditary part of the empire.