網頁圖片
PDF
ePub 版

VI. Reciprocal duties bind the citizens to the republic and the republic to the citizens.

VII. It is the duty of the citizens to love their country, serve the republic, and defend it at the hazard of their lives, to participate in the expenses of the state, in proportion to their property; to secure to themselves, by their labor, the means of existence, and, by prudent forethought, provide resources for the future, to co-operate for the common welfare by fraternally aiding each other, and in the preservation of general order by observing the moral and written laws which regulate society, families, and individuals.

VIII. It is the duty of the republic to protect the citizen in his person, his family, his religion, his property, and his labor, and to bring within the reach of all that education which is necessary to every man; it is also its duty, by fraternal assistance, to provide the means of existence to necessitous citizens, either by procuring employment for them, within the limits of its resources, or by giving relief to those who are unable to work and who have no relatives to help them.

For the fulfilment of all these duties, and for the guarantee of all these rights, the National Assembly, faithful to the traditions of the great Assemblies by whom the French revolution was inaugurated, decrees the constitution of the republic, as following:

CONSTITUTION.

CHAPTER I.

Of Sovereignty.

ART. 1. The sovereignty exists in the whole body of French citizens. It is inalienable and imprescriptible. No individual, no fraction of the people can arrogate to themselves its exercise.

CHAPTER II.

Rights of Citizens guaranteed by the Constitution. ART. 2. No person can be arrested or detained, except as prescribed by law.

ART. 3. The dwelling of every person inhabiting the French territory is inviolable, and cannot be entered except according to the forms and in the cases provided against by law.

ART. 4. No one shall be removed from his rightful judges —no commissions or extraordinary tribunals can be created under any pretext, or by any denomination whatsoever.

ART. 5. The penalty of death for political offences is abolished.

ART. 6. Slavery cannot exist upon any French territory. ART. 7. Every one may freely profess his own religion, and shall receive from the state equal protection in the exercise of his worship. The ministers of the religions at present recognized by law, as well as those which may be hereafter recognized, have the right to receive an allowance from the state.

ART. 8. Citizens have the right of associating together and assembling peaceably and unarmed, in order to petition or manifest their ideas by means of the press or otherwise. The exercise of these rights can only be limited by the rights or the liberty of others, or for the public security. The press cannot in any case be subjected to censorship.

ART. 9. Education is free. The liberty of teaching is to be exercised according to the capacity and morality determined by conditions of the laws, and under the supervision of the state. This superintendence is to be extended to all establishments of education and instruction, without any exception.

ART. 10. All citizens are equally admissible to all public

employments, without other reason of preference than merit, and according to the conditions to be determined by law. All titles of nobility, all distinctions of birth, class or caste, are abolished forever.

ART. 11. All descriptions of property are inviolable; nevertheless, the state may demand the sacrifice of property for reasons of public utility, legally proved, and in consideration of a just and previous indemnity.

ART. 12. The confiscation of property can never be reestablished.

ART. 13. The constitution guarantees to citizens the freedom of labor and of industry. Society favors and encourages the development of labor by gratuitous primary instruction, by professional education, by the equality of rights between the employer and the workman, by institutions for the deposit of savings and those of credit, by agricultural institutions; by voluntary associations, and the establishment by the state, the departments and the communes, of public works proper for the employment of unoccupied laborers. Society also will give aid to deserted children, to the sick, and to the destitute aged who are without relatives to support them.

ART. 14. The public debt is guaranteed. Every species of engagement made by the state with its creditors is inviolable.

ART. 15. All taxes are imposed for the common good. Every one is to contribute in proportion to his means and fortune.

ART. 16. No tax can be levied or collected except by virtue of the law.

ART. 17. Direct taxation is only awarded for one year. Indirect taxes may be awarded for several years.

CHAPTER III.

Of Public Power.

ART. 18. All public powers, whatever they may be, emanate from the people. They cannot be delegated by hereditary descent.

ART. 19. The separation of powers is the first principle of a free government.

CHAPTER IV.

Of the Legislative Power.

ART. 20. The French people delegate the legislative power to one sole assembly.

ART. 21. The total number of representatives of the people shall be 750, including the representatives from Algeria and the French colonies.

ART. 22. This number shall be increased to 900 for assemblies called together to revise the constitution.

ART. 23. Population is the basis for election.

ART. 24. Suffrage is direct and universal. The act of voting is by secret ballot.

ART. 25. All Frenchmen aged twenty-one, and in the enjoyment of their civil and political rights, are electors, without property qualifications of any kind.

ART. 26. All electors are eligible to be elected without reference to property qualifications or to place of abode, who are twenty-five years of age.

ART. 27. The electoral law will determine the causes which may deprive a French citizen of the right of electing or being elected. It will designate those citizens who, exercising or after having exercised official functions in a department or territory, cannot be elected there.

ART. 28. The holding of any remunerating public office is incompatible with the trust of a representative of the

people. No member of the national assembly can be nominated or raised to public offices, receiving salary, the appointment to which is in the gift of the executive, during the continuance of the legislature. Exceptions to the regulations contained in the two preceding paragraphs are to be settled by the organic electoral law.

ART. 29. The conditions of the preceding article are not applicable to assemblies elected for the revision of the constitution.

ART. 30. The elections for representatives shall be by departments, and by ballot. The electors shall vote at the chief place of their district; nevertheless the district may be, from local causes, divided into several subdivisions, under the forms and in conformity with the conditions to be determined by the electoral law.

ART. 31. The national assembly is elected for the period of three years, to be then wholly renewed. Forty-five days at least before the term of the legislature, a law shall be passed to fix the period of the new elections. If no law is passed within the time prescribed by the preceding paragraph, the electors shall have full right to assemble and vote on the thirtieth day preceding the close of the legislature. The new assembly is convoked by full right for the day following that on which the trust of the preceding assembly expires.

ART. 32. The assembly is permanent; nevertheless it may adjourn to any period which it shall determine. During the continuance of the prorogation, a commission, composed of members of committees, and twenty-five representatives appointed by the assembly, by ballot, having an absolute majority, will have the right to convoke the assembly, in cases of emergency. The president of the republic has also the right to convoke the assembly. The national assembly will determine the place where it shall

« 上一頁繼續 »