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HEAD V.

LEGISLATIVE POWER.

General Dispositions. 44. The legislative body is composed 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 whomsoever, any of the functions attributed 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 an incompatibility between the quality of member of the legislative body, and the exercise of any other public funca tion, 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 ihe legislative body.

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

50. Every ten years the legislative 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 legislative body are not reprefentatives of the department which nominates them, but of the whole nation; and no injunction can be laid on them.

53. Both councils are renewed annually by thirds.

54. The members going out after three years may be immediately elected for the three years following, 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 following:

56. If, by extraordinary circumstances, one of the two councils find itself reduced to less than two thirds of its members, it gives notice to the executive directory, which is bound to convoke, without delay, the primary assemblies of the departments which have members of the legislative body to replace in confequence of circumstances; the primary affemblies immediately nominate electors, who proceed to the necessary replacings.

57. The members newly elected for either council meet on the ift 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 fittings, if another be not pointed out.

58. The two councils reside always in the fame commune.

59. The

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59. The legislative body is permanent;

it
may

nevertheless ad. journ itself for stated terins.

60. In no case can the same 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 respectively the right of police, in the place of their fittings, 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 cen• sure, arrest for eight days, and imprisonment for three.

64. The fittings 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 fittings 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 meinbers, either council inay 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 coinmillion, which con. fines itself solely to the object of its formation. This commission is diffolved 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 three thoufand myriagrammes of wheat (fix hundred and thirteen quintals, thirty-two pounds.)

69. The executive directory cannot cause to pass, or stop, any. body of troops within the distance of fix myriameters (twelve mean leagues) of the commune where the legislative body holds its fittings, unless upon its requisition, or with its authority.

70. 1 here is about the legislative body a guard of citizens, taken from the fedentary national guard of all the departments, and chosen by their brothers in arms. This guard cannot be less than one thousand five hundred 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.

Vol. III.-- PART ii.

Council

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 complete, 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 twenty-five years complete shall be sufficient.

75. The council of five hundred cannot deliberate, if its fitting be not composed of two hundred members at least.

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

79. No propofition can be debated or resolved upon in the council of five hundred without observing the following forms:

The propolition is read three times ; the interval between two of these readings cannot be less than ten days. The discussion is opened after each reading; and, nevertheless, after the first or the second reading, the council of five hundred 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 fecond reading. After the third reading, the council of five hundred decides whether or not there be ground for adjournment.

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

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

8o. The preamble of every resolution sets forth, 1. the dates of the fittings 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 adjournment.

81. Propositions recognised as urgent by a previous declaration of the council of five hundred, are exempted from the forms pre. scribed by article 77. This declaration sets forth the motives of urgency, and mention is made of it in the preamble to the resolution,

Council of Elders. 82. The council of elders is composed of two hundred and fifty members.

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

of

of the Republic during the fifteen years which immediately preceded the election.

84. The condition of domiciliation 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 government.

85. The council of elders cannot deliberate, if the sitting be not composed of one hundred and twenty-lix 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 forins 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 ihe council of elders reject the act of urgency, it does not deliberate upon the principle of the resolu'ion.

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

92. The resolutions of the council of five hundred, adopted by the council of elders, are called laws.

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

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

95. The proposition of a law made by the council of five hundred is understood of all the articles 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, figned 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 head, is exprefled 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 formuld, signed by the prefident and secretaries : the council of elders cannot adopt.

99. In the case of the present article, the plan of the law re. jected cannot be again presented by the couộcil of five hundred, üll after the revolution of a year.

100. The 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, both to the council of five hundred, and to the executive directory.

102. The council of elders may change the residence of the legislative body : it points out, in this case, a new place, and the period at which the two councils are bound to repair to it. The decree of the council of elders upon this subject is irrevocable.

103. On and after the day of this decree, neither of these coun• ċils can deliberate any more in the cominune where they had till then resided. The members who would there continue their functions, will render theinfelves guilty of an offence against the surety of the Republic.

104. The members of the executive directory who shall retard, or refuse to seal, promulgate, and dispatch the decree of the translation of the legislative body, will be guilty of the same crime.

105. If, within twenty days after that fixed by the council of elders, the majoriiy of each of the two councils has not made known to the Republic its arrival at the new place pointed out, or its meeting in some other place, the administrators of department, or, in their default, the civil tribunals of department, convoke the primary assemblies to nominate electors, who proceed immediately to the formation of a new legislative body, by the election of two hundred and fifty deputies for the council of elders, and of five hundred for the other council.

106. The administrators of department who, in the case of the preceding article, fail to convoke the primary aisemblies, render themselves guilty of high treason, and of an offence against the surery of the Republic.

107. All citizens who oppose any obstacle to the convocation of the primary and electoral' affeinblies, in the case of article 106, are declared guilty of the same crime.

108. The members of the new legislative body assemble in the place to which the council of elders had transferred the fittings. If they cannot meet in that place, in whatever place the majurity is, there is the legislative body.

109. Except in the case of article 102, no proposition of law can originate in the council of elders.

Of the Guarantee of the Members of the Legislative Body. 110. The citizens who are, or who have been, members of the legislative body, cannot be examined, accused, or tried at any time, for what they have said or written in the exercise of their fundions.

II1. The

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