dent 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 exe

cution 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 present 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 or

ganic 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 XIII.

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 socalled. 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 VOL. II.-26