The 58th, 59th, 60th, 61st, and sections are not of much imince.] 1. The president exclusively esses the initiative in all affairs osed in the consulta, and in all sions his vote is to preponde 1. In case of the cessation, reation, or death of the president, consulta of state elects his sucor by an absolute majority of s within the space of forty-eight ts; and it cannot separate unhe accomplishment of that ob 5. The salary of the members of consulta of state is fixed at 000 livres. Title X. Of the Ministers. Jnder this head are compreded a grand national judge or ister of justice, a minister for administration of the public sury, and a secretary to the naal judge, who is occasionally to his substitute. 4. No act of the government be voted unless signed by a mi ter. Title XI. Of the Legislative 76, 77, 78, 79. The members of e legislative council have delibetive voices on the projects prosed by the president, which canot be passed but by an absolute ajority of votes. They are spcally charged with the drawing up f projects of law, and explaining the motives for sanctioning them. The salary of each counsellor is fixed at 20,000 livres. Title XII. Of the Legislative Body. 81. The Legislative Body is composed of seventy-five members, of thirty years of age at least, chosen by each department according to its population. One half of them are to be taken from the college. 82. It is to be renewed by thirds every two years. The going out of the first and second third is to be determined by lot. 83. The government convokes the legislative body, and prorogues its sittings. They cannot, however, be shorter than two months annually. 84. In order to entitle it to deliberate, more than one half of the members must be present, not including the orators. The regulations which follow merely relate to the forms of appointing the orators, and promulgating or denouncing laws as unconstitutiona!. The salary of the members of the legislative body is fixed at 6000 livres of Milan, and that of the orators at 9000. Title XIII. Of the Tribunals. This head embraces the appointment of the different tribunals, civil and military, which are formed after the model of the French republic. The judges are all appointed for life, and cannot be deprived of their situations but in consequence of improper conduct. Title XIV. Of the Responsibility of the Public Functionaries. 105. The functions of the mem bers of the colleges, and of the censurate, of the president and vice Tt3 resident president of the government, of the members of the consulta of state, of the legislative council, of the legislative body, of the chamber of orators, and of the tribunals of revision and cassation, are not subject to any responsibility. 107. The ministers are responsible-1. for the acts of the government signed by them; 2. for neglect in executing the laws and the rules of public administration; 3. for particular orders given by them contrary to the constitution, and to the regulations by which it was supported; 4. for peculation, The other sections of this head relate to the powers of the tribunal of cassation, for trying the ministers accused, and to the share taken by the colleges and the censurate in that transaction. Title XV. General Dispositions. 116. The constitution acknowledges no other civil distinction than that which is derived from the exercise of public functions. 117, 118, 119. Every inhabitant of the Cisalpine territory is free with respect to the particular exercise of his religion. The republic recognizes no privileges for, or impediments to industry and commerce, both externally and internally, but those founded in law. 120. There is throughout the republic an uniformity of weights, measures, coin, of civil and criminal republic. It is to consist of five members appointed by the colleges, One of whom is to resign in every two years, but is to be reeligible. 123. The troops who receive pay are to obey the orders of the administration. The national guards are subject only to the laws. 124. The public force, by its very nature, must obey. No armed body can deliberate. 125. All the debts and credits of the ancient provinces, now the Cisalpine, are recognized by the republic. 126. Every purchaser of national property, at a legal sale, cannot be disturbed in the possession of it; but any lawful claimant is to be indemnified by the treasury of the state. 127. The law assigns, on the national property not sold, a sufficient revenue to all bishops, chapters, seminaries, curates, and for church repairs. This revenue cannot be otherwise applied. 128. The consulta may at the end of three years propose any alterations in the constitution it deems necessary. Proclamation of the Italian Republic, issued by a Committee of the Government, at Milan, on the 6th of February 1802. HE treaty of Luneville esta laws, and the elementary system of Tblished the independence of instruction. the the Italian republic; at the moment when that treaty was signed, this country was held by right of conquest, and was ruled by a provisionary government, entirely under the direction of the general of the French army. It was necessary to proceed to or ganize this country; and this was the object of the consulta at Lyons. Two kinds of organization were in our choice: the one of that sort which this country obtained in 1796. This might have been imposed by force, but would never have been submitted to by the inhabitants. It would have produced disorder and civil dissensions. It would have rendered the Cisalpine the centre of anarchy, and consequently a perpetual object of terror to her neighbours. The second organization nearly corresponded to that proposed by the inhabitants, with a strong and central government. All the places have been easily filled up, for few countries abound in citizens so distinguished both by their information and their probity. But the first place, owing to circumstances, was not so easily filled up. On this account, that line of conduct was followed, which the interest of the country dictated, and we may say, the interest, well understood, of her neighbours. The government is fixed at Milan. The principal laws necessary to set the constitution in motion are framing; and the country, without effort, in a short time, will find itself completely organized. Those who imagine that nations may be organized in one day, in one hour, simply by digesting a paper, must find something extraordinary in accomplishing such a measure. But such as are convinced that a people really possesses no constitution except when it is ef ctive, and that among all nations, the moments of organization are a terrible crisis, will readily be convinced that the steps which the consulta at Lyons has taken are both wise and natu ral; and whatever may be said to find more in its conclusions than is really to be found there, is but idle prating. But it may be said, that France combines to its thirty millions of inhabitants, the accession of influence attached to four millions which inhabit the Italian republic!!! An alarm is excited on this account-an outcry against the power and ambition of France. Let us compare the influence of France in different parts of Europe since the treaty of Luneville, with that which she possessed in 1788. In 1788, France possessed a considerable influence over the king of Sardinia, the king of Naples, and the republic of Venice. Over the republic of Venice, because she was, by her situation, the enemy of France; over the king of Naples, on account of the family compact; over the king of Sardinia- for he was bound to France, by his inability to defend Savoy and Nice, by double alliances, and still more, by the pretensions of Austria to Montserrat. Thus France possessed an influence in the system of Europe over three great states, containing twelve millions of men. At the present period, Venice belongs to the emperor: with regard to Naples, the family compact no longer exists. The Italian republic must, therefore, compensate both of these losses. Thus France has made no addition to her influence. The cession of Venice has given the emperor a marked ascendant in the Adriatic, and over Italy; and if the Italian republic languished in disorganization-if she did not became the sure and faithful allay of France, the political state of Europe would be at the disposal of Austria; the equilibrium would be lost, and the result of a war, during which we have conquered in a hundred battles; during which we have twice found peace under the walls of Vienna, would be to place us in a situation worse than before the war.-France ought not to exercise an inordinate power over the neighbouring countries; but she ought carefully to watch over the equilibrium, the true guardian of peace. In the system of Germany, Poland, Turkey, and Sweden, united themselves with France. Poland is no more: it has been employed to augment the power of our neighpours. Turkey, a prey to civil war, is just able to retain the consistence necessary to continue to exist: she an no longer have any weight in the affairs of Germany. The acquisitions which Russia has made in Poland; the degree of civilization and power to which that state has attained in modern times, and time which changes every thing: all these circumstances have excited the descendants of Charles XII. to maintain the equilibrium of the Baltic, but have left them no real power in the affairs of Germany. The accession which France has acquired in the four departments of the Rhine, does not compensate the accessions which her neighbours have acquired by the partition of Poland. This partition has rendered France a double loser;, because she has not only seen a natural ally, of copsiderable population, annihilated in the balance of Europe, but even gone to assist those whom she should have assisted to keep within bounds. In the equilibrium of the affairs of Germany, France has rather lost than gained; and if she had been obliged to acquiesce in the partitions of Poland, without obtaining, as a compensation, neither Belgium nor the four departments of the Rhine, she would have ceased to be, what she has always been, a power of the first rank. We will not continue this parallel further, nor demonstrate how different the situation of France was in 1788, and after the preliminaries of London. Tippoo Saib, like Poland, has disappeared from the system of India, and his territories have gone to increase the immense possessions of the English. No nation ever showed so much moderation as France; all that she conquered in war she has restor in peace. But it is proper de should restrict herself to certain limits, beyond which the government must fall into weakness. Equilibrium in the affairs of Germany, equilibrium in the affairs of Italysuch is the system of France: she does not desire to give the law, but she does not choose to receive it. On considering the political situation of Europe in every point of view, we see that France has gained no new accession of influence: she has only maintained her former rank. citizens of the Cisalpine republic; held at Lyons. The treaty of Luneville had consecrated the existence of that republic, but it was there spoken of rather as about to exist, than as actually established. The Cisalpine republic, successively occupied by French and Imperial troops, had not the power of governing herself. It was the duty of the French government, after having ensured the freedom of that Country by arms; after having caused her independence to be acknowledged by all the powers of the continent, to call upon her to fulfil the first duties necessary to the enjoyment of these advantages. The public voice of Italy, and the formal request of the provisory authorities, had on various occasions expressed the general confidence which that nation placed in him, and their wish to receive from him both a definitive constitution, and the first choice of her magistrates. The first consul was anxious that this general wish of that nation should be accomplished agreeably to the principles of her independence. He conyoked the principal citizens; he collected their opinions and suffrages. It is by these opinions, and these suffrages, that her constitution and magistrates have been chosen. The government of the republic feels that the tranquillity of Europe depends upon the tranquillity of each state which forms a part of it. After having made the greatest efforts to terminate a war, which for so long a time desolated Europe, it hopes that the influence of cool wisdom in all those nations within the sphere of its alliance, will destroy all uncertainty and agitation. The wisest citizens of the Italian repub lic, reflecting on the diversity of clements of which they were composed, became convinced, that to prevent the injurious effects which might arise from the rivalship, the pretensions, and the animosities of their fellow-citizens, it was necessary to call in the aid of the ascendancy of a foreigner, who should be superior to those passions, and who would not by his conduct give rise to disorders, which might not only disturb the tranquillity of the Italian republic, but trouble the repose of Europe. It was from a deep impression of these circumstances, that they felt themselves bound to represent to the first consul, that their country, ought, in the first moments of its political existence, to be secured in its independence, guarded against the dangers with which it might be threatened, and wisely directed in the choice of means for its future preservation. Such, citizen, are the result of the convocation of the Italian consulta at Lyons. I beg you will communicate to the government, where you reside, the notification which I have the honour of making to you. I have no doubt but that it will see in this event a new proof of the desire which animates the government of the republic to consolidate, by every means in its power, the general tranquillity of Europe, and to guaranty permanently the relations which unite the different states. |