115. The denounced minister or Councillor of State does not appear there to reply.

The Emperor appoints three Councillors of State to repair to the Corps-Legislatif on the appointed day, and to give information upon the facts of the denunciation.

116. The Corps-Legislatif discusses in secret committee the facts included in the request or the demand, and it decides by means of the ballot.

117. The document of denunciation shall be circumstantially stated and signed by the president and secretary of the Corps-Legislatif.

It is addressed by a message to the archchancellor of the Empire, who transmits it to the procureur-general before the high imperial court.

118. Betrayals of trust or abuses of power of the captainsgeneral of the colonies, the colonial prefects, the commandants of the establishments outside of the continent, and the administrators-general; the facts of disobedience on the part of the generals of the army or the navy to the instructions which have been given them; and the squanderings and extravagancies of the prefects are denounced by the ministers, each within his department, to the officers charged with the public ministry.

If the denunciation is made by the high judge minister of justice, he cannot assist nor take part in the judgments which follow upon his denunciation.

119. In the cases prescribed by articles 110, 111, 112, and 118, the procureur-general notifies the archchancellor of the Empire, within three days, that there is need for the high imperial court to meet.

The archchancellor, after having taken the orders of the Emperor, fixes within eight days the opening of the sittings. 120. At the first sitting of the high imperial court it shall pass upon its jurisdiction.

121. When there is a denunciation or a complaint, the procureur-general in concert with the tribunes and the three magistrate-officers of the bar, considers if there is need for prosecutions.

The decision belongs to him; one of the magistrates of the bar can be charged by the procureur-general with the direction of the prosecutions.

If the public ministry thinks that the complaint or the denunciation ought not to be admitted, it states the grounds for the conclusions, upon which the high imperial court pronounces, after having heard the magistrate charged with the report.

122. When the conclusions are adopted, the high imperial court brings the affair to an cnd by a definitive judgment. When they are rejected, the public ministry is required to continue the prosecutions.

123. In the second of the cases provided for by the preceding article, and also when the public ministry considers that the complaint or denunciation ought to be admitted, it is required to prepare the document of accusation within eight days, and to communicate it to the commissioner and the alternate whom the archchancellor of the Empire appoints from among the judges of the Court of Cassation who are members of the high imperial court. The functions of this commissioner, and, in his default, of the alternate, consist of making the examination and the report.

124. The reporter or his alternate submits the document of accusation to twelve commissioners of the high imperial court, chosen by the archchancellor of the Empire, six from among the senators and six from among the other members of the high imperial court. The members chosen do not participate in the judgment of the high imperial court.

125. If the twelve commissioners conclude that there is need for accusation, the commissioner-reporter prepares an ordinance in conformity therewith, issues the warrants of arrest, and proceeds to the examination.

126. If the commissioners, on the contrary, think that there is no need for accusation, the matter is referred by the reporter to the high imperial court, which pronounces definitively,

127. The high imperial court cannot give judgment with less than sixty members. Ten of the whole number of memters can be challenged, without assignment of cause, by the accused and ten by the public party. The decision is rendered by majority of the votes.

128. The proceedings and the judgment take place in pub

129.

The accused have counsel; if they do not present any, the archchancellor of the Empire officially gives them

some one.

130. The high imperial court can pronounce only the penalties provided by the penal code.

It pronounces, if there is need, condemnation to damages and civil interests.

131. When it acquits, it can put those who are acquitted under the surveillance or at the disposal of the high police of the State, for the time which it determines.

132. The judgments rendered by the high imperial court are not subject to any appeal;

Those which pronounce condemnation to an afflictive or infamous penalty can be executed only when they have been signed by the Emperor.

133.

A special senatus-consultum contains the remainder of the arrangements relative to the organization and action of the high imperial court.

134.

arretes.

TITLE XIV. OF THE JUDICIAL CLASS.

The judgments of the courts of justice are entitled

135. The presidents of the Court of Cassation, of the courts of appeal and of criminal justice, are appointed for life by the Emperor, and can be chosen from outside of the courts over which they shall preside.

136. The tribunal of cassation assumes the denomination of Court of Cassation.

The tribunals of appeal assume that of Court of Appeal; The criminal tribunals, that of Court of Criminal Justice. The president of the Court of Cassation and those of the courts of appeal divided into sections assume the title of first president.

The vice-presidents assume that of presidents.

The commissioners of the government before the Court of Cassation, the courts of appeal and the courts of criminal justice take the title of imperial procureurs-general.

The commissioners of the government before the other tribunals assume the title of imperial procureurs.

TITLE XV. OF THE PROMULGATION.

137. The Emperor causes the sealing and promulgation of the organic senatus-consulta,

The senatus-consulta,

The actes of the Senate,

The laws.

The organic senatus-consulta, the senatus-consulta, and the actes of the Senate are promulgated at the latest on the tenth day following their emission.

138. Two original copies are made of each of the documents mentioned in the preceding article.

Both are signed by the Emperor, attested by one of the titular grand dignitaries, each according to their rights and powers, countersigned by the Secretary of State and the minister of justice, and sealed with the great seal of the state.

139. One of these copies is deposited in the archives of the seal, and the other is transmitted to the archives of the public authority from which the acte emanated.

140.

The promulgation is thus expressed:

"N. (the prenomen of the Emperor), by the grace of God and the constitutions of the Republic, Emperor of the French, to all present and to come, greeting.

"The Senate, after having heard the orators of the Council of State, has decreed or resolved, and we order as follows: "(And if a law is in question) The Corps-Legislatif has rendered (the date) the following decree, in conformity with the proposal made in the name of the Emperor, and after having heard the orators of the Council of State and of the sections of the Tribunate, the .

"We command and require that the presents, invested with the seals of the State and inserted in the Bulletin of the Laws, be addressed to the courts, tribunals and administrative authorities, in order that they may inscribe them in their registers, observe them and cause them to be observed; and the high judge minister of justice is charged to supervise the publication of them."

141. The executory copies of the judgments shall be drawn up as follows:

"N. (the prenomen of the Emperor), by the grace of God

and the constitutions of the Republic, Emperor of the French, to all present and to come, greeting:

"The Court of.

or the tribunal of

(if it is a tribunal of first instance), has rendered the following judgment:"

(Here follows the arrete or the judgment.)

"We command and require of all bailiffs upon this requisition to put the said judgment into execution; of our procureurs-general and our procureurs before the tribunals of the first instance to take it in hand; of all commanders and officers of the public forces to lend assistance when it shall be legally required of them.

"In testimony whereof the present judgment has been signed by the president of the Court or the tribunal, and by the bailiff."

TITLE XVI AND LAST.

142. The following proposition shall be presented for the acceptance of the people, in the forms prescribed by the arrete of 20 Floréal, Year X:

"The people desire the inheritance of the imperial dignity in the direct, natural, legitimate and adoptive lineage of Napoleon Bonaparte, and in the direct, natural, and legitimate lineage of Joseph Bonaparte and of Louis Bonaparte, as is regulated by the organic senatus-consultum of this day."

72. Documents upon the Kingdom of Italy.

A deputation from the Italian Republic was present at the coronation of Napoleon as Emperor. These documents show how the occasion was utilized to transform the Italian Republic into the Kingdom of Italy and the manner in which the transaction was officially explained. The address to Napoleon and the second and more elaborate constitution mentioned in the document are in the Moniteur for March 18 and 31, 1805. The general character of the constitution can be made out from what is given in these documents.

REFERENCES. Fournier, Napoleon, 293-295; Lavisse and Rambaud, Histoire Generale, IX, 431-432.

A. Constitutional Statute. March 17, 1805. Moniteur, March 19, 1805 (28 Ventôse, Year XIII).