Frank Maloy Anderson.

The constitutions and other select documents illustrative of the history of France, 1789-1901 online

. (page 25 of 60)
Online LibraryFrank Maloy AndersonThe constitutions and other select documents illustrative of the history of France, 1789-1901 → online text (page 25 of 60)
Font size
QR-code for this ebook


Gcini-itli. VIII. 77.V77G

The French Republic and the Republic of (ieii. .1. uj-lr.n.c
to consolidate the union of harmony which of all f.me ha-



260 CONVENTION WITH GENOA

existed between them, and the government of Genoa believing
that the welfare of the Genoese nation, in the present circum-
stances, requires that it should return to her the deposit of
the sovereignty of the nation, with which it -has been en-
trusted, the French Republic and the Republic of Genoa have
agreed upon the following articles :

1. The government of the Republic of Genoa recognizes
that the sovereignty resides in the body of all the citizens
of the Genoese territory.

2. The legislative power shall be confided to two repre-
sentative Councils, one of 300, the other of 150 members. The
executive power shall be the attribute of a Senate of twelve
members presided over by a Doge. The Doge and the Sen-
ators shall be selected by the two Councils.

3. Each commune shall have a municipality, each district
an administration.

4. The methods of election of all the authorities, the cir-
cumscription of the districts, the portion of authority entrusted
to eacli body, the organization of the judicial power and of
the military forces, shall be determined by a Legislative Com-
mission, which shall bv charged to draw up the constitution
and all the organic laws of the government, having care :n
this to do nothing which may be contrary to the Catholic
religion, to guarantee the consolidated debts, to preserve the
free port of the city of Genoa, the Bank of St. George, and to
take measures that there may be provision, as far as means
will permit it, for the maintenance of the poor nobles now
living. This Commission shall be obliged to complete its
work within a month, counting from the day of its formation.

5. I he people finding themselves replaced in possession
of their rights, every kind of privilege or particular organ-
ization which breaks up the unity of the State finds itself nec-
essarily dissolved.

6. The provisional government shall be confided to a
commission of government composed of 22 members, presided
over by the present Doge, which shall be in>!alled on the
I4th of the present month of June. 26 1'rairial. Year V of
the French Republic.

7. The citizens who shall be called upon to compose the



TKKATY OF CAMI'O FOKM1U 2 0l

provisional government of the Republic of Genoa cannot re-
fuse these functions without being considered as indifferent to
the safety of the fatherland and [they shall be] condemned to
a fine of two thousand crowns.

8. When the provisional government shall be constituted,
it shall determine the necessary rules for the manner of its
deliberations. It shall select, within the first week from its
installation, the Legislative Commission charged to draw up
the constitution.

9. The provisional government shall provide for the just
indemnities clue to the French who were plundered on the
days of 3 and 4 Prairial (May 22 and 23).

10. The French Republic, wishing to give a proof of the
interest which it takes in the welfare of the people of Genoa,
and desiring to see them united and exempt from factions,
grants an amnesty to' all the Genoese of whom it had occasion
to make complaint, whether by reason of 3 and 4 Prairial
or by occasion of the various events which occurred within
the imperial fiefs. The provisional government shall show
the most lively solicitude to extinguish all the factions, to unite
all the citizens, and to imbue them with the need of uniting
about the public liberty, granting for this purpose a general
amnesty.

11. The French _JIepb4ie -shall grant to the Republic of
Genoa protection and, likewise, the aid of its armies, in order
to facilitate, if it be necessary, the execution of the said articles,
and to maintain the integrity of the territory of the Republic
of Genoa.



55. Treaty of Campo Formio.

October ^7, 17!7 ( 1H> Vendemiare, Year VI i. I>e Cloreq,
Traitrx, I. 33i>-:{4:5.

I'bis treaty terminated the war apiinst Austria beu'iin in 175)2.
It left France at war only with Knuland. The new boundaries of
France, the changes in Italy. :>tul the a rranRementa for the reor
jjani/.ation of (Jcrmany are the features of the treaty of most im-
portance.

KKKKUKXI'KS. Fotirnier, \iiiiolcoii. !>'.)- li>). 10S-110; Kose. .Y<i-
jiolm, I, li'S- !.'{(). l.">:>-ir>7 , Sh.atie, \<itil>ii. II. r_' n; : Unnfrey.



262 TREAT* OP t'AMPO FORMIO

Xapoleon, I. i.'h. ix ; I.avisso and Knmlmud, Ilistoire Generate,
VIII, 439-440.

MATS. Droysen, HMoriaclx r Ifnml-Atlnx, 48; Schrader, Atlas
dc Geographic Historique, 48 : Vldnl-Lafolaohe. Atla General, 40.

His Majesty the Emperor of the Romans, King of Hun-
gary and of Bohemia, and the French Republic, wishing to
consolidate the peace of which the foundations were laid in
the preliminaries signed at the chateau of Ekenwald near Leo-
ben in Styria, April 18, 1797 (29 Germinal, Year V, of the
French Republic, one and indivisible), have appointed for
their Plenipotentiaries, to wit :



I. There shall be for the future and forever a firm and
inviolable peace between His Majesty the Emperor of the
Romans, King of Hungary and of Bohemia, his heirs and
successors, and the French Republic.

3. His Majesty the Emperor, King of Hungary and of Bo-
hemia, renounces for himself and his successors, in favor of the
French Republic, all his rights and titles to the former Belgic
Provinces, known under the name of the Austrian Loiv Coun-
tries. The French Republic shall possess these countries for-
ever, in complete sovereignty and proprietorship, and with all
the territorial advantages which result therefrom.

5. His Majesty the Emperor, King of Hungary and of
Bohemia, consents that the French Republic should possess
in complete sovereignty the former Venetian Islands of the
Levant, to wit : Corfu. Zante, Cephalonia, Santa Maura, Cer-
igo, and other islands dependent upon them, as ~~welT"~~aJ
Butrinto, Arta, Vonizza, and in general all the former Venetian
establishments in Albania, which arc situated below the Gulf
of Drin.

6. The French Republic consents that His Majesty the
Emperor and King should po-^si-ss in complete sovereignty
and proprietorship the countries hereinafter designated, to wit:
Tstria, Dahnatia, the former Venetian Khnds <>f the Ad-
riatic, the mouths of the (Jatiaro. the city of Venice, the
lagunes and countries included between the hereditary



TRKATY OF CAMI'O FOKMIO 2 f> ',

States of His Majesty the Emperor and King, the Adriatic-
Sea, and a line which setting out from Tyrol shall follow th -
stream beyond Gardola, and shall cross the Lake of Garda.
to Cise; from there a military line to San Giocomo, offering
an equal advantage to the two parties, which shall be marked
out by engineering officers appointed by both parties before
the exchange of the ratifications of the present treaty. The
line of limitation shall then pass the Adige at San Giocomo,
shall follow the left bank of that river to the mouth of the
Blanc canal, including the part of Porto Lignano which is
upon the right bank of the Adigc, with the district to a radius
of three thousand toises. The line shall continue by the left
bank of the Blanc canal, the left bank of the Tartaro, the left
bank of the canal called the Polisella to its juncture with the
Po, and the left bank of the great Po to the sea.

7. His Majesty the Emperor, King of Hungary and of
Bohemia, renounces forever, for himself, his successors and
assigns, in favor of the Cisalpine Republic, all rights and
titles springing from these rights, which his said Majesty
could lay claim to over the countries which he possessed
before the war, and which now make part of the Cisalpine
Republic, which shall possess them in complete sovereignty
and proprietorship, with all the territorial advantages which
result therefrom.

8. His Majesty the Emperor. King of Hungary and of
Bohemia, recognizes jjie Cisalpine Republic as an independent
power.

18. His Majesty the Emperor, King of Hungary and of
Bohemia, binds himself to cede to the Duke of Modena. as
indemnity for the countries which that Prince and his licir>
had in Italy, the Breisgau, which he shall possess upon the
same conditions as those in virtue of which he possessed Mo-
dena.

20. There shall be held at Kastadt a Congress composed
exclusively of the Plenipotentiaries of the Germanic Kmpirr
and of those of the French Republic for the pacitica'Mn be-
tween these two Powers. Thi< shall lie opened one m-nith



2 6 4 TREATY OF'CAMPO FORM1U

after the signature of the present treaty, or sooner if it is
possible.



SECRET ARTICLES.

1. His Majesty the Emperor, King of Hungary and of
Bohemia, consents that the limits of the French Republic
sjiall extend to the line designated below and pledges himself
to use his good offices in order that, in establishing peace with
the German Empire, the French Republic may obtain this
same boundary, to wit :

TJie^ left bank of the Rhine from the Swiss frontier below
Basle to the confluence of the Nette above" Anderhach, in-
cluding the tete de Pont at Mannheim on the right bank of
the Rhine and the town and fortress of Mainz, both banks of
the Xette, from its mouth to its source near Bruch, from
here a line passing through Senscherode and Borlei to Kerpen
and from this town to Udelhofen, Blankenheim, Marmagen,
Jactenigt, Cale and Gnuincl. including the suburbs and sur-
rounding districts of these places, then the two banks of the
Olff to its junction with the Roer, the two banks of the
Roer including Heimbach, Niedeggen, Diiren, and Julich, with
their suburbs and surrounding districts as well as the villages
on the river and their surrounding districts as far as Limnich ;
from here a line passing Roffems and Thalens, Dalen. Hilas,
Papdermod, Laterforst, Radenberg. Haversloo (if this lies
upon the line), Anderheide, Kalderkirchen. Wambach, Her-
ringen and Grobrny with the town of Venloo and its surround-
ing territory. If, in spite of the good offices of His Majesty
the Emperor, King of Hunga'y and of Bohemia, the German
Empire should not consent to the acquisition by the French
Republic of the frontier above indicated, His Majesty the
Emperor and King formerly engages not to furnish more than
his contingent to the army of the Empire, which may not be
employed in the fortresses without thereby interfering with
the peace and amity ju-t established between his said Majesty
and the French Republic.

2. His Majesty thv Emperor. King of Hungary and of Bo-
hemia, will further use his good offices during the negotiation-
tor peace with the German Empire in order that. First, the



TIU:ATY OF CAMI-O FORMIO 26;

navigation of the Rhine shall be free t<> the French Republic
and to the states of the Empire situated on the right bank
of tliis river from Himingen to the point where it reaches
the Batavian Republic ;

Secondly, to arrange that the one in possession of that part
of Germany opposite the mouth of the Moselle shall never
upon any pretext whatsoever hinder the free navigation and
exit of boats or other craft from the mouth of the river;

Thirdly, that the French Republic shall enjoy the free nav-
igation of the Meuse, and that all tolls and other dues which
may be established from Venloo to the point where the river
enters Batavian territory, shall be suppressed.

3. His Majesty the Emperor and King, renounces, on his
own part and for his successors, the sovereignty over, and
possession of, the County of Falkenstein and its dependencies,
in favor of the French Republic.

4. The territories which His Majesty the Emperor, King
of Hungary and of Bohemia, is to possess in virtue of Article
VI of the open, definitive treaty >igned this day, shall serve
as an indemnity for those territories which he cedes by Articles
III and VII of the open treaty and by the preceding article.
This cession shall not, however, have force until the tn>op>
of His Majesty the Emperor and King shall occupy the ter-
ritory acquired by the said article.

5. The French Republic will employ its good offices in
order that His Majesty the "Emperor may acquire in Ger-
many the Archbishopric of Salzburg, and that portion of the
Circle of Bavaria situated between the Archbishopric of Sal/-
burg, the rivers Inn and Salx.ach and Tyrol, including the city
of Wasserburg on the right bank of the Inn. with the sur-
rounding territory within a radius of 3000 toise*.

6. His Majesty the Emperor and King agrees to cede
to the French Republic, when peace shall be concluded with
the Empire, the sovereignty and possession of the Frickthal.
as well as all the possessions of the House of Austria on the
left bank of the Rhine between Zur/ach and Ba-Ie. pn>\ ided
that in the above-mentioned peace His Majesty shall obtain
a proportionate compensation in Germany which -ha'l he
satisfactory.

The French Republic shall unite the said di-:nct- to the



266 TREATY OF CAMPO FORMIO

Helvetian Republic, according to an arrangement to be made
between the said countries, without prejudice, however, to
His Majesty the Emperor and King, or to the Empire.

7. It is understood between the two contracting powers
that if. in arranging the pending peace with the German Em-
pire, the French Republic shall make an acquisition in Ger-
many, His Majesty the Emperor, King of Hungary and of Bo-
hemia, shall obtain mi equivalent there, and conversely if His
Royal md Imperial Majesty make an acquisition of this kind,
the French Republic shall similarly receive an equivalent.

8. A territorial indemnity shall be given to the Prince-el
Nassau-Dietz, formerly Stadtholder of Holland, but this ter-
ritorial indemnity shall not be chosen in the neighborhoocTbf
the Austrian possessions nor of the Batavian Republic.

9. The French Republic will find no trouble in restoring
to the King of Prussia his possessions on the left bank of
the Rhine. Hence there will be no question of any new ac-
quisitions on the part of the King of Prussia. To this the
contracting parties mutually pledge themselves.

10. If the King of Prussia consents to cede to the French
Republic and to the Batavian Republic certain small portions
of his possessions upon the left bank of the Mcuse. as well as
the enclave of Zevenaar and other possessions toward the
Yssel. His Majesty the Emperor, King of Hungary and of
Bohemia, will employ his good offices to render the said ces-
sions practicable, and to cau-e them to be recognixed by the
German Empire. The failure to carry out the present article
shall not affect the preceding one.

11. His Majesty the Emperor will not oppose the dispo-
sition which the French Republic has made in favor of the
Ligurian Republic of the Imperial Fiefs. His Majesty the
Emperor will unite his efforts with those of the French Re-
public to induce the German Empire to renounce &uch rights
of suzerainty as it may have in Italy, especially over the
districts which form a part of the Cisalpine and LigUjian
Republics, as well as over the Imperial Fiefs such as Lusig-
naiia and all those lying between Tuscany and the possessions
of Parma, the Ligurian and Luccan Republic-;, and the former



LAW OF HOSTAGES 267

territory of Moderui, the which fiefs shall form a part of the
Cisalpine Republic.

12. His Majesty the Emperor, King of Hungary and of Bo-
hemia, and the French Republic, will unite their efforts in
order that, in negotiating peace with the German Empire, the
different Princes and States of the Empire which shall suffer
losses of territory and of rights in consequence of the stipula-
tions of the present treaty of peace, or later, in consequence
of the treaty which shall be concluded with the German
Empire, shall obtain appropriate indemnities in Germany;
which indemnities shall be determined in common accord with
the French Republic. This applies especially to the Electors
of Mainz, Trier and Cologne, the Elector Palatine of liav::ria.
the Duke of Wurtemburg and Teck, the Margrave of Baden,
the Duke of Zweibrucken, the Landgraves of Hesse-Cassel and
of Hesse-Darmstadt, the Princes of Nassau-Saarbrficken, of
Salm-Kyrburg, Lowenstein-Wertheim and of Wiedrunkel and
the Count of Leyen.

13. The troops of His Majesty -the Emperor shall evacuate
within twenty days after the exchange of the ratifications of
the present treaty, the city and fortress of Mainz, Ehrenbreit-
stein, Phillippsburg, Mannheim, Konigsstein, Ulm and Ingol-
stadt, as well as all the territory belonging to the Germanic
Empire as far as his hereditary possessions.

14. The present secret articles shall have the same force
as if they were inserted word for word in the open treaty of
peace signed to-day. These shall be ratified at the same time
by the contracting parties and the acts of ratification shall be
exchanged in duo form at Rastadt.



56. Law of Hostages.

July 12, 1700 (24 Messidor, Year VIIl. Duvergier. Lois. XI.
278-281.

This document is the complement of No. .">!. That shows what
measures might be employed Against certain classes of persons
denominated public enemies; this shows the measures which might
be employed against regions where disturbances had occurred.

Hr.rKUKNOi:. I.avissc and Uambaud, Ilixtoirc G'<mni/<. VI 1 1.
39G-307.

The Council of the Five Hundred, considering that it is



268 I'AW OF HOSTAGES

time to take effective measures to arrest the progress of the
system of assassination and brigandage organized at different
points of the Republic against public functionaries, acquirers
or possessors of national domains, and all citizens attached to
the constitution of the Year III,

Approves the act of urgency and the following resolution :

1. When a department, canton or commune is notoriously
in a state of civil disturbance, the Executive Directory pro-
poses to the Legislative Body to declare it included in the fol-
lowing provisions.

2. The kinsmen of Emigres, their relatives by marriage,
and the former nobles included in the laws of 3 Brumaire,
Year IV, and 9 Frimaire, Year VI, the grandfathers, grand-
mothers, fathers and mothers of the persons who. without be-
ing ex-nobles or kinsmen of Emigres, are nevertheless noto-
riously known as making up part of the gatherings or bands
of assassins, are personally and civilly responsible for as-
sassinations and acts of brigandage committed in the interior
out of hatred to the Republic, in the departments, cantons and
communes declared in a state of disturbance.

3. Immediately after the publication of the law rendered
in execution of article I, the central administrations shall take
hostages within the classes above designated, in the communes,
cantons and departments declared in a state of disturbance :



9. If an assassination is committed upon a citizen who
actually is or has been since the revolution a public function-
al}, or defender of the fatherland, or acquirer or possessor of
the national domains, the Executive Directory, after having
consulted the central administrations, is charged to cause to
be deported outride of the territory of the Republic within two
decades of the assassination, four of the persons designated
in article 2 for each person assassinated, taking in the first
place from among the noble kinsmen of Emigres, secondly
from among the former nobles, and <ucce^ively frnm among
the kinsmen of person-, taking part in the gatherings.



K i>i:citKK 269

57. The Brumaire Decree.

November )(. 17!i!) (1!) P.rumairc, Year VIIIj. Monitiui, No-
vember }-, 17!)!) (I'l I'.rnmaire, Year VIII).

I!y the i nil/I 'l'i tut <}( Ilruniaire tin- pivcrnment of the Iilif ( -
lory was overthrown. This decree was passed by a small iiunilnT
<{ members of the Council of the Five Hundred whom I.m ian
Itonatmrte gathered about him after the dispersion of the councils
bj force. It pave to the <w;< d'etat some semblance of legal han< -
lion.

Kr.rKKKVCKs. Fylfe, Modern Kuruin , I. 1'.7 ^'7 (Popular <! ..

i:;::-i:! ( .i) : Kournlcr, .\'<ii>ol<'un, 1U(!-1SJ; Kose, .\<ii,ol< on. I. rh.

x; Sloane. \tiiiiilion, II, Chs. x-xi : I.anfrey, \<ii>ol< on. I. t'li.

xii ; Laviss.; and Uaiubaud, Jlixtoirc Gini'ruli, VIII, -lUIMll; An
l;,rd, Utrnlution l-'mncaixi-, Part III, Cli. v.

I IK- C'linicil cf tlif Five Hundred, considering thv -it-
uation of the Republic, declares urgency and takes the fol-
lowing resolution :

1. 'nie__DitccU^-is ,uo more, and the following named IK-''-
sons, owing to the excesses and die crimes in which they hav;.
constantly engaged, and especially as regards the majority of
them in the session of this morning, are no longer members of
the national representation: . . . [Here follow the name?.
of sixty-one persons.]

2. The Corps-Lugislatif creates provisionally a consular
executive commission, consisting of Citix.ens Sieve^ Ro^er-
DIKOS, and General Bonaparte, whq__ shall hear the name of
Consuls of the i-'-cticfi Republic.

3. This commission is invested with the plenitude of direc-
torial power and is particularly charged to organize order in
all parts of the administration, to re-establish internal trar-
quility, and to procure honorable and enduring peace.

4. It is authorised to send out delegates having powers
which are fixed and are within the limit^ of it> own [ power-').

5. The Corps-Lcgislatif adjourns to the following i
Ycntose [Feb. 20, 1800] ; it shall reassemble with perfect right
upon that date in it- palace at Paris.

(i. During the adjournment of the Legislative IVdy the
adjourned members preserve their indemnity and their o n
stitutional guarantee.

7. Without loss of their character as represent. it;\ e> of tin-



270



CONSTITUTION OF THE YKAR VIII



people, they can be employed as ministers, diplomatic agents,
delegates of the consular executive commission, and in all
other civil functions. They are even invited in the name of
the public welfare to accept these [employments].

8- Before its separation and during the sitting, each Coun-
cil shall appoint from its own body a commission consisting of
twenty-five members.

9. The commissions appointed by the two Councils with
the formal and requisite proposal of the consular executive
commission, shall decide upon all urgent matters of police,
legislation, and finance.

10. The commission of the Five Hundred shall exercise
the initiative; t1ie~c7)nTrnts"5ton~~b? the Ancients, the approval.

n. The two commissions arc further charged, in the same
order of labor and co-operation, to prepare the changes to be
brought about in the organic arrangements of the constitution,
of which experience has made known the faults and incon-
veniences.

12. These changes shall have for their object only to con-
solidate, guarantee, and consecrate inviolably the sovereignty
of the French people, the Republic one and indivisible, the rep-
resentative system, the division of powers, liberty, equality,
security and property.

13. The consular executive commission can present its
views to them in this respect.

14. Finally, the two commissions are charged to prep'are
a civil code.

15. They shall sit at Paris in the place of the Legisla-
tive Body and they can convoke it in extraordinary session
for the ratification of peace or in a great public danger.

16. The present [document] shall be printed, sent by ex-
traordinary couriers into the departments, and solemnly pub-
lished and posted in all the communes of the Republic.



58. Constitution of the Year VIII.



December 13, 1799. Duvergier, Loi, XII, 20-30.

This constitution although nominally franwl by the two legis-
lative commissions appointed by No. 57 was actually Imposed upon



CONSTITUTION OF TIIK YKAK VIII 2 ;i

them by Napoleon I'otiaparto. It was submitted to the people? and
accepted by over three million votes against about fifteen hundred.

UBTKHKNCKS. Kournier, \aitoli-on, IS.'MST ; Dickinson, ll< en-
lilt ion and Reaction in Modern France, .'50-41 ; Kose, Xaitolcon, I,
209-1'14 ; Sloare, Xai,olron, II, H4-S! ; I.anfrey. \niiolroii, 1, Cli.
xin ; Lavlsso and Kambaiul, Ifixtoirc 'It'in nilc, IX, 5-1^; An-
lard, devolution Francaisc, 704-711.

CONSTITUTION' OF THE I ; KKXCH REPUBLIC.
TITLE I. OF THE EXERCISE f,F THE KKiHTS OF CITIXENS II IT.

1. The French Republic is one and indivisible.

Its European territory is divided into departments and
communal districts.

2. Every man born and residing in France fully twenty-
one years of age, who has caused his name to be inscribed
upon the civic register of his communal district and has since



Online LibraryFrank Maloy AndersonThe constitutions and other select documents illustrative of the history of France, 1789-1901 → online text (page 25 of 60)