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the will of the king, to the house of peers or to that of deputies, except laws for raising revenue, which must be first addressed to the house of deputies.

18. Every law must be freely discussed and voted for by a majority of each of the two houses.

19. The houses have the right to supplicate the king to propose a law upon any subject, and to point out what it appears to them proper the laws should contain.

20. This request may be made by each of the two houses, but after having been discussed in secret committee, it shall not be sent to the other house by that which proposed it, until after a delay of ten days.

21. If the proposition is adopted by the other house it shall be submitted to the eyes of the king; if he rejects it, shall not be again brought forward the same session.

22. The king alone sanctions and proinulgates the laws.

23. The civil list is fixed for the whole duration of the reign by the first legislature assembled after the accession of the king.

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26. Every assembly of the house of peers which shall be holden out of the time of the session of the house of deputies, or which shall not be convened by decree of the king, is unlawful and entirely null.

The House of the Deputies of Departments.

35. The house of deputies shall be compo sed of deputies elected by the electoral col mined by law. leges, the organization of which shall be deter

36. Each department shall have the same number of deputies that it has at present.

37. The deputies shall be elected for 5 years and in such manner that the house shall be renewed for one fifth part every year.

38. No deputy can be admitted into the house unless he pays a direct contribution of 1000 francs.

39. If, however, their are not found in the department 50 persons of the age mentioned, tion, their number shall be computed by paying at least 1000 francs of direct contributhose who are highest taxed below 1000 francs, and these cannot be elected concurrently with the first.

40. The electors who concur in the nominasuffrage unless they pay a direct contribution of deputies, cannot have the right of tion of 300 francs, or if they are under 30 years of age.

41. The presidents of the electorial colleges shall be appointed by the king and of right members of the college.

42. A half, at least, of the deputies shall be chosen among candidates who have their political domicil within the department.

43. The president of the house of deputies is appointed by the king from a list of five members presented by the house

44. The sittings of the house are public; but the request of five members is sufficient to 27. The nomination of peers of France be-require them to sit in secret committee. longs to the king. Their number is unlimited. He may vary their dignities, name them for life or make them hereditary according to his pleasure.

28. The peers have admittance into the house at 25 years of age, but have not a deliberative voice until 30.

29. The chancellor of France presides in the house of peers, and in his absence a peer named by the king.

30. The members of the royal family and the princes of the blood are peers by right of birth. They take their seats immediately after the president; but have no deliberative voice until they are 25 years of age.

45. The house resolves itself into a board to discuss projects which have been presented to it by the king.

46. No amendment can be made to a law, unless it is proposed in committee by the king, and unless it has been sent and discussed at the boards.

47. The house of deputies receives all propositions for imposts, and it is not till after these propositions have been acceded to, that they can be carried to the house of peers.

48. No impost can be established or levied that has not been consented to by the two houses, and sanctioned by the king.

49. A land tax can be consented to for but one year. Indirect taxes may be for many

31. The princes cannot take their seat in the house, but on the order of the king, ex-years. pressed at each session by a message, on pen- 50. The king convenes the two houses every alty of rendering void every thing that shall year. He prorogues them, and may dissolve be done in their presence. that of the deputies of the departments, but in that case he must convoke a new one in the course of three months.

32. All deliberation of the house of peers

are secret.

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33. The house of peers takes cognizance of the crimes of high treason, and attempts against the safety of the state, which are defined by law.

34. No peer can be arrested but by authority of the house, and judged by it in criminal

matters.

51. No constraint upon the body of any member of the house, can be exercised during the session, or within six weeks which precede or follow it.

52. No member of the house can, during the continuance of the session. be prosecuted or arrested in a criminal matter, except in

case of a flagrant offence, and after the house has permitted the prosecution.

53. No petition to either of the houses can be made and presented except in writing. The law forbids presenting them in person and at the bar.

Ministers.

54. The ministers may be members of the house of peers, or of the house of deputies. They have besides admission into either house, and are to be heard whenever they demand it. 55. The house of deputies has the right of accusing the ministers, and of arraigning them before the house of peers, which alone has the power of trying them.

56. They can be prosecuted only for treason or extortion. Particular laws shall define this species of crimes, and determine the mode of prosecuting it.

The Judiciary Department.

57. All justice emanates from the king. It is administered in his name, by judges whom be appoints and establishes.

58. The judges, appointed by the king, are irremoveable.

59. The courts and ordinary tribunals, actually existing, are preserved. Nothing will be changed relative to them, but by virtue of

a law.

60. The existing establishment of judges of commerce is preserved.

61. The establishment of justices of the peace shall likewise be preserved. The justices of the peace, although appointed by the king, are not irremoveable.

62. No one shall be withdrawn from his nataral judges.

63. There cannot, of consequence, be created commissions and extraordinary tribunals. The jurisdiction of provost marshals, shall uot be comprised under this denomination, if the establishment of them shall be judged neces

sary.

64. The discussions shall be public in criminal matters, at least when that publicity shall not be dangerous to order and good morals, and in this case the tribunal declares it by a decree.

65. The institution of juries is preserved. The changes, which a long experience shall show to be necessary, cannot be produced, but by a special law.

66. The penalty of confiscation of goods, is abolished, and cannot be re-established.

67. The king has the right of granting pardous, and of commuting penalties.

63. The civil code, and the existing laws, which are not repugnant to this charter, remain in force until they are legally repealed.

Individual rights guaranteed by the state. 69. The military in actual service, the officers and soldiers in military posts, widows, pensioned officers and soldiers, preserve their grade, bonours and pensions.

70. The public debt is guaranteed. Every

kind of engagement, made by the state with its creditors, is inviolable.

71. The ancient nobility resume their titles; the new preserve theirs. The king creates nobles at will. But he can only grant them rank and honour, without any exemption from the duties of society.

72. The legion of honour is preserved. The king will determine the interior regulations, and the decoration of it.

73. The colonies shall be governed by particular laws and regulations.

74. The King, and his successors, shall swear with the solemnities of their oath, to observe faithfully this constitutional charter. Miscellaneous articles.

75. The deputies of the department of France, who sat in the legislative body during the last adjourned session, shall continue to sit in the house of deputies until they are superseded.

house of deputies shall take place some time 76. The first renewal of a fifth part of the in the year 1816, according to the order cstablished in the series.

We order, that the present constitutional charter, subjected to the inspection of the senate and legislative body, conformably to our proclamation of the 24 of May, shalt be sent immediately to the house of peers, and

that of deputies.

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Given at Paris, in the year of our Lord, 1814, and of our reign the 19th. LOUIS.

(Signed)

The Abbe Montesquieu.

AN ODE

To Napoleon Bonaparte, by Lord Byron. 'Tis done but yesterday a king!

And arm'd with kings to strive-
And now thou art a nameless thing,
So abject-yet alive!

Is this the man of thousand thrones,
Who strew'd our earth with hostile bones,
And can be thus survive?
Since be, miscall'd the Morning Star,
Nor man, nor fiend, hath fallen so far.
2.
Ill-minded man! why scourge thy kind,
Who bow'd so low the knee?
By gazing on thyself grown blind,

Thou taught'st the rest to see.
With might unquestion'd-pow'r to save-
Thine only gift hath been the grave

To those who worshipp'd thee;
Nor till thy fall, could mortals guess,
Abition's less than littleness!
3.
Thanks for that lesson-it will teach
To after warriors more
Than high philosophy can preach,

And vainly preach'd before:
That spell upon the minds of men,
Breaks, (never to unite again,)

That led them to adore
Those Pagod things of sabre-sway,
With fronts of brass, and feet of day.

200

The triumph, and the vanity, The rapture of the strife;*

The earthquake voice of victory,

To thee the breath of life; The sword, the sceptre, and that sway Which men seem'd made but to obey, Wherewith renown was lifeAll quell'd-Dark spirit! what must be -The madness of thy memory! 5.

The Desolator desolate!

The victor overthrown!

The Arbiter of others' fate

A Suppliant for his own!

Is it some yet imperial hope

That with such change can calmly cope P

Or dread of death alone?

To die a prince-or live a slaveThy choice is most ignobly brave! 6.

He who of old would rend the oak

Dreamed not of the rebound;
Chained by the trunk he vainly broke

Alone-how looked he round?
Thou in the sternness of thy strength
An equal deed hast done at length

And darker fate hast found:
He fell, the forest-prowler's prey;
!
But thou must eat thy heart away

7.

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9.

But thou-from thy reluctant hand

The thunderbolt is wrung

Too late thou hear'st the high command

To which thy weakness clung;

All Evil Spirit as thou art,
It is enough to grieve the heart,

To see thine own unstrung;

To think that God's fair world hath been
The footstool of a thing so mean.
10.

The Earth hath spilt her blood for him
Who thus can hoard his own!
And Monarchs bowed the trembling limb,
And thanked him for a throne!
Fair Freedom! we may hold thee dear,
When thus thy mightiest foes their fear

In humblest guise have shown.
Oh! ne'er may tyrant leave behind
A brighter name to lure mankind.

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14.

Then haste thee to thy sullen Isle,
And gaze upon the sea;
That element may meet thy smile,

It ne'er was rul'd by thee!
Or trace with thine all idle hand
In loitering mood upon the sand

That Earth is now as free!
That Corinth's pedagogue hath now
Transferred his by-word to thy brow.
16

Thou Timour! in his captive's cage

What thoughts will there be thine. While brooding in thy prisoned rage?

But one "The world was mine," Unless, like he of Babylon, All sense is with thy sceptre gone, Life will not long confine That spirit poured so widely forthSo long obeyed-so little worth!

17.

Or like the thief of fire from heaten
Wilt thou withstand the shock?
And share with him, the unforgiven,
His vulture and his rock!
Foredoomed by God-by man accurst,
And that last act, though not thy worst
The very fiend's arch mock !t
He in his fall preserved his pride,
And if a mortal, had as proudly died!

* Certaminis gaudia-the expression of Attila in his harrangue to his army, previous to the battle of Chalons; given in Cassiodorus.

+"The fiend's arch mock, "To lip a wanton, and suppose her chaste." Shakspeare..

VOL. II.

NEW-YORK, SATURDAY, AUGUST 13, 1874.

PRINTED AND PUBLISHED, EVERY SATURDAY.
BY BARENT GARDENIER,
34 CEDAR-STreet,

AT FIVE DOLLARS PER ANNUM.

From the Saratoga Journal. "WATCHMAN-WHAT OF THE NIGHT?" If we do not entirely mistake the duty and business of a CHIEF MAGISTRATE of this state, at such a time as this, there is as much apathy and supineness in Governor Tompkins at this perilous moment, as in any who owns the Dame of republican.

NO. 13.

where the enemy have got foot-bold in the west, to the one they have seized in the name of their king, in the east-he, as an executive, stands alone-there is no republican but him, none, no, not one who owns our quarrel just, or our liberties invaded, though the smoke of our dwellings is seen from their bills.

Thus placed, thus with a thousand eyes upon him, and thousands of hearts beating in hope that this state may do something to retrieve its almost lost character; what is he doing, what has he done?

He has to be sure issued an order for the state quota of militia, or caused it to be done. And one would suppose the latter, for an anchorite, in the woods of St. Lawrence, if he supposed the troops of Wellington so near at hand as the governor knows them to be, would have infused into it more spirit and anima

If we do not also mistake the duty of the conductors of the public journals, friendly to him, and to their country, they cannot on this occasion be silent. They will as boldly speaktion. It is in this respect unlike that of Goto the rulers, as to the people.

And

vernor Snyder, on the same occasion.
yet but a single sentence is wanting, ("where
danger first threatens, I will be with you,") to
give it all the animation and spirit required.

At all events, hazard it we shall. Two years has the state been under the destructive ravages of federalisin-of men at peace with every thing except God, their The "patriotic volunteers," the yeomancountry, and government. ry, from the independent farmer to the day That that desolating waste might be repair-labourer, the merchant, mechanic, the exed; empt, &c. would have then prepared to thither That their patriotic and beloved chief ma- fly-and been proud to fight, if not to fall, be gistrate might be untrammelled, and at liber-side a chief so much beloved as Tompkins. ty himself to act and put the state in an atti- But perhaps at this moment, while one of tude of defence, the good people of the state, his friends is thus publicly accusing him of rallied to the polls and gave him a legisla-supineness, he is taking the tour of the fronture, like himself, at peace with their country, but at war with the enemy.

A part of the state of New-York is in possession of that enemy.

A part of an adjoining state, Eastport, is in actual allegiance to George III.

Five hundred miles of the frontier of this state to the north, besides that to the south, open to the destruction of the enemy-and not twenty miles of this great extent, but is entirely exposed to their invasion.

tiers. Flying from New-York to Plattsburgh, Champlain, Malone, French Mills, Sackett's Harbour; and from Batavia, issuing orders for the legislature to meet him at Albanyevery where encouraging the people—learning the strength of the foe-the places of probable attack-the probable number of tories who would aid-of the federalists who would fight-force necessary to watch-to repeland the best means within the state to stop the enemy's progress, or Burgoyne him when he came.

All this he must see and know-he sees too, that there are in every quarter, individuals,| Perhaps he is doing all this, some of it, or who would aid the progress of that enemy-something better; but honestly we have nethat the main body of the people are either asleep, have been touched with a torpid wand, or are waiting for him to act, to speak, to call the legislature, or to do something which they know the crisis demands, and which they believe is his duty to do.

He must also be sensible that a march of the enemy to Albany, is easier, than was supposed would be that of the allies from Basil, or even from Troyes to Paris.

That in six states north of Pennsylvania, from the shores of Erie and Niagara, to those of the Atlantic-from the place on our soil

ver heard an intimation of it. Yet can any one doubt the propriety of something of this kind being done, or doubt the new legislature remunerating him for expenses and trouble, and carrying into effect, any thing he should recommend to put the state in a posture of defence, and do what he has frequently in vain recommended to the federal legislature, make the rich, as well as the poor, bear the burden.

No man in the world, could so quickly rally and concentrate the physical force of the state of New-York, as he. Such is his popu

larity, so highly is he esteemed by the majo- ble men should be known as such; and rity, that he need but to move, and to speak, in my judgment, he who labours to inform to be followed and obeyed.

Yet perhaps the time for doing something the public on a point so important, renders has not come. Perhaps there is no danger. the state a service, and ought to be applauded for it. Let us, however, see what Mr. Southwick says in the following ex

But an equally probable perhaps, is, that a tragedy after the manner of Sebastians and Hampton, may be performed at New-York, at Plattsburgh, or even at Albany.

tract:

One word more and if it could reach him, The Saratoga Journal, is denominated a rethat should be addressed to his excellency-publican paper; it has thus far supported the The life blood of the army-of our best sons administration through thick and thin; it has and choicest soldiers is streaming, and with done the work, we had like to have said the the ashes of the last November midnight vic- dirty work, of Ambrose Spencer & Co. never tings, mingling-to regain that part of a state hesitating a moment to denounce those who under your command, so long held by their would not cling to the skirts of Ambrosie's garment, and pin their faith on the sleeves of the executive.

murderers.

And in this state, where the senate, the assembly, and the governor are now republican, what has yet been done to assist in regaining it, more than in Massachusetts, where these branches are on the other side?

It has indeed declaimed more in favour of Tompkins, and was more violent and virulent in supporting his last election, than any other self-styled "republican" paper in the state. How happens it then, that all of a sudden, this sapient editor, should come out and denounce Tompkins, as he has done in the following article?

In the Albany Register, from which the above remarks are reprinted, it is confidently asserted that they owe their origin The reason is obvious to all who know any to Judge Spencer and a party of demo- thing of the Tyburn conclave; we could have cratic politicians at Albany, whose confi- foretold the appearance of this or a similar ar dence Governor Tompkins is said to have ticle, more than six months ago; for at that day we knew that a storm was gathering on long ago forfeited. In his remarks Mr. the heights of Tybarn, that threatened to Southwick has rebuked the judge with sweep the Vale of Tempe, and burst upon the head of its devoted tenant; we knew that great severity, for not having announced Ambrosio & Co. having made an instrument to the good people of this state, the unfit- of Tompkins, through the medium of his poness of Mr. Tompkins, previous to the pularity, to destroy men whom they hated for their virtues, intended and had seriously res last election; that unfitness being then as solved to make him the next victim: we well known to the judge, as it is now. knew that they began at that time to view him as an obstacle in their way; in short, Mr. Southwick, however, as well as Judge that it was then they became convinced, that Spencer, has once been an ardent support- they could not "bind him in all cases whater of the meek and popular gentleman, soever;" that though he had suffered them to noose him in some cases, yet that in some whose humble demeanor and coaxing others he meant to act for himself: and from suavity are so well calculated to beguile a that moment his destruction was determined simple people of their votes. And all on; for among the saints and patriots of the Tyburn school, the sacred feelings which in the merit Mr. Southwick can claim over the bosoms of good men never fail to grow out the judge, is, that he discovered this un- of long intimacy, the frequent interchange of fitness of Governor Tompkins sooner than hospitality, the ties of friendship and consanguinity, avail nothing when opposed to their the honorable judge was fortunate enough individual ambition and selfishness; they can to do. But what of that? why endeavour trample upon a friend, or a brother, with the ntmost sang froid, if they happen to suspect, to weaken the testimony even of Judge (for suspicion is enough for them) that he does. Spencer, when that testimony goes to or may one day or other, stand in the way of the establishment of a fact, which Mr. their monopolizing views. TOMPKINS, their friend, their coadjutor, the man who at their Southwick confidently believes in, and a instigation sent a vile anonymous letter to general belief of which is so important to the senate, for the purpose of " putting down" the editor of this paper; a letter which had the welfare, and perhaps to the safety of no mark of authenticity, and which would the state? The times demand that incapa-not have been received as evidence, even in

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