Part 7

ART. 43. Before it is decided, that a minister shall be put upon his trial, the chamber of representatives must declare, that there are grounds for examining into the charge brought against him.

ART. 44. This declaration can be made only on the report of a committee of sixty members drawn by lot. This committee cannot make its report till at least ten days after its nomination.

ART. 45. When the chamber has declared, that there are grounds for examination, it may summon the minister before it, to demand an explanation of him. This summons cannot take place, till ten days after the committee has made its report.

ART. 46. In all other cases, ministers having departments cannot be summoned or sent for by the chambers.

ART. 47. When the chamber of representatives has declared, that there are grounds for examination against a minister, a new committee is to be formed, of sixty members, drawn by lot as the former; and this committee makes a fresh report on the subject of bringing him to trial. This committee does not make its report till ten days after its nomination.

ART. 48. The bringing to trial cannot be decided upon, till ten days after the report has been read, and distributed among the members.

ART. 49. The accusation being resolved upon, the chamber of representatives names five commissioners, chosen from among its own members, to conduct the charge before the chamber of peers.

ART. 50. Article 75 of head 8 of the constitutional act of the 22d of Frimaire, year 8, declaring, that the agents of the government can be prosecuted only in consequence of a decision of the council of state, shall be modified by a law.

HEAD V.

Of the judicial power.

ART. 51. The Emperor appoints all the judges. They are for life, and irremovable, from the instant of their appointment; the nomination of judges of the peace, and of commerce, excepted, which will take place as heretofore.

The present judges, appointed by the Emperor agreeably to the decree of the senate of the 12th of October, 1807, and whom he may think proper to retain, will receive appointments for life before the 1st of January next.

ART. 52. The institution of juries is retained.

ART. 53. The debating of criminal causes is to be public.

ART. 54. Military crimes alone are amenable to military tribunals.

ART. 55. All other crimes, even if committed by military men, are under the jurisdiction of the civil tribunals.

ART. 56. All crimes and offences, that were amenable to the high imperial court, and the trial of which is not reserved by the present act for the chamber of peers, are to be carried before the ordinary tribunals.

ART. 57. The Emperor has the right of pardoning, even in correctional cases, and of granting amnesties.

ART. 58. The interpretations of laws demanded by the court of cassation shall be given in the form of a law.

HEAD VI.

Rights of citizens.

ART. 59. Frenchmen are equal in the eye of the law, both in contributing to the taxes and public expenses, and in regard to admission to employments civil or military.

ART. 60. No one can be taken out of the hands of the judges assigned him by the law, on any pretence.

ART. 61. No one can be prosecuted, arrested, detained in custody, or banished, except in cases provided for by the law, and according to the forms prescribed.

ART. 62. Freedom in religious worship is guarantied to all.

ART. 63. All property possessed or acquired agreeably to the laws, and all debts of the state, are inviolable.

ART. 64. Every citizen has a right to print and publish his opinions, he signing them, without any previous censorship; saving that he is legally responsible, after publication, to be tried by a jury, even though the application of a correctional punishment only should be requisite.

ART. 65. The right of petition is secured to all the citizens. Every petition is that of an individual (est individuelle). These petitions may be addressed, either to the government, or to the two chambers; nevertheless, even the latter must be superscribed "to his Majesty the Emperor." They must be presented to the chambers under the guarantee of a member, who recommends the petition. They are read publicly; and, if the chamber take them into consideration, they are carried to the Emperor by the president.