Imatges de pàgina
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TITLE X.Of the Guarantee of the

Constitution.

Art. 1, 2, 3, 4. Oaths to be taken by the King, his subjects, and minis

ters.

5. The States-General have the right of making remonstrances to the King upon the violation of the constitution by the ministry, or by any other authority: the King shall presently remedy it; or if the case appears to him doubtful, he shall make the affair be examined and decided, according to its nature, by the Council of State, or by the Supreme Tribunal. 6. If the States-General believe themselves obliged, by their duty, to present an accusation against a great functionary of the State, on account of a violation of the Charter, premeditately committed, the heads of the accusation must be stated with precision, and examined by each Chamber in a special committee. If the two Chambers agree in the accusation, they shall present it to the King with the proofs. The King sends the decision to the Supreme Tribunal, within which there shall be formed, on the demand of the accused, a court, serving as a court of appeal. The King shall inform the States-General of the definitive judgment.

7. No changes or additions can be made to the Constitution without the consent of the States. The King alone has the right to propose them, and the States can only deliberate upon the royal proposition. To form a decision upon so important an affair, requires the presence of at least three fourths of the members of each Cham. ber, and a majority of two thirds.

CONSTITUTIONAL CHARTER OF THE
GRAND DUCHY OF BADEN.

Baden are equal in every respect wherein the Constitution does not particularly and expressly make an exception.

The Grand Ducal Ministers of State, and the whole of the administration, are responsible for their strict obedience to the Constitution..

All Badenese contribute, without distinction, to all public charges. All exemptions from direct or indirect taxes are repealed.

All citizens of the three Christian confessions have equal claims to all civil and military appointments, and all ecclesiastical offices.

With respect to personal liberty and property, all Badenese are placed on an equal footing under the protection of the Constitution.

The tribunals are independent within the limits of their competency.

In criminal affairs, no man can be withdrawn from his regular judges; no one can be arrested otherwise than according to the legal forms, nor detained more than 48 hours in prison, without a hearing on the grounds of his arrest.

The Grand Duke can mitigate or entirely annul sentences, but cannot render them more severe.

All confiscations of property are abolished.

The liberty of the press shall be exercised according to the future regulations of the Diet.

Every inhabitant enjoys undisturbed freedom of conscience, and equal protection with respect to his religious worship.

The political rights of the three Christian religions are equal.

The Representatives, or States, form two Chambers.

The First Chamber consists-1. Of the Princes of the Grand Ducal House. 2. Of the heads of the noble families of the former States.-3. Of the Bishop of the Grand Duchy, and of a ProTHE civil rights of the people of testant clergyman appointed for life

(Principal Heads.)

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by the Grand Duke, with the rank of a Prelate.-4. Of eight deputies of the landed proprietors.-5. Of two deputies from the Universities.-6. Of persons named members by the Grand Duke, independently of any claim on the grounds of rank or birth.

The Second Chamber consists of 63 deputies from the towns and bailiwicks, returned according to the list of distribution annexed to this constitutional decree.

The Grand Duke appoints the President of the First Chamber for each Diet; the Second Chamber chooses three candidates for the Presidency, the election of one of whom is ratified by the Grand Duke for the duration of the Diet.

A Diet must be held every two

years.

The members of neither Chamber can vote by proxy.

The members are summoned to vote

The deputies are to be chosen by according to their own conviction. eligible electors. They must receive no instructions from their constituents.

Whoever is an actual member of the first Chamber, or by the choice of the landed proprietors is qualified for electing or being elected to it, cannot either, by appointment of the electors, exercise the right of voting, or be chosen as elector or deputy for the towns or bailiwicks.

All remaining subjects, of 25 years of age, who are domiciled as citizens in the electoral district, or are invested with a public office, obtain, by the choice of the electors, the right of suffrage and eligibility.

The deputies for the towns and bailiwicks are to be nominated for eight years, but so that one-fourth of the Chamber shall be renewed every two years.

Every new election of a deputy, which may become necessary on account of the dissolution of the assembly, or the regular vacation of mem bers, requires a new nomination of electors.

Every member, on vacating his seat, is again eligible.

Each Chamber decides respecting the due election of its own members.

The Grand Duke convokes, prorogues, and can dissolve the Chambers. Should the dissolution take place before the question under consideration is exhausted, a new election must follow within the period of three months at the furthest.

During the session of the Diet, no member can be arrested, without the express permission of the Chamber to which he belongs.

The Diet can only discuss the subjects referred to its deliberation by the present fundamental law, or especially brought under its consideration by the Grand Duke.

No tax can be imposed or levied without the consent of the Chambers.

The revenue law will be regularly passed for two years. Such duties, however, as in consequence of contracts are appropriated for a longer time, can undergo no alteration before the expi ration of such contracts.

Along with the plan of the revenue law will be given the State budget, and a detailed view of the application of the sums granted for the previous years. No charge shall be made for secret expenditure, without a written assurance from the Grand Duke, countersigned by the State Ministry, to certify that the sums are, or shall be applied for the real interests of the State.

The Chambers cannot annex conditions to the levying of taxes.

No loan can be legal without the concurrence of the Chambers, except however those loans by which fixed receipts are anticipated for fixed expenditures, as well as the revenues of

the Sinking Fund, which, according to its fundamental laws, are applied to that object.

The Civil List cannot be increased without the consent of the Chambers, nor diminished without the permission of the Grand Duke.

All plans of law relating to finance must, in the first place, be submitted to the Second Chamber; and if adopted there, must, without alteration, be laid before the First Chamber, to be finally accepted or rejected.

If the majority of the First Chamber should not agree to the decision of the Second, the assenting and dissenting voices of both Chambers must be added together, and the result decided by the majority of the united voices.

Old and not permanent taxes, must be continued for six months after the stipulated time, if the Diet be dissolved before a new budget can be brought forward, or if the State deliberation be delayed.

During preparations for war, or whilst a war is carrying on, the Grand Duke, for the speedy and effectual fulfilment of his federal duties, and even before he has obtained the consent of the Diet, may legally levy loans and war-taxes. In that case, the Diet will exercise a great influence and co-operation in the administration, for two members of the Representative Commission will be appointed to watch, that the sums raised for carrying on the war be really and exclusively applied to that purpose.

No law concluded in the Constitutional Act can be extended or altered without the consent of a majority of two-thirds of the members present of both Chambers.

In all other laws concerning the freedom of persons, or relative to State property, new general laws, or the alteration or the promulgation of the existing laws, the consent of the majo

rity of each of the two Chambers is requisite.

The Grand Duke ratifies and promulgates the laws, and orders all that is necessary for their execution and maintenance.

The Chambers are allowed to make representations respecting ordinances, in which dispositions have been intro. duced, which they consider inimical to their right of consent, and which shall, on the complaints being known, be im. mediately rendered ineffectual. On stating grounds to the Grand Duke, they can solicit the proposal of a law. They have a right to point out to the Government abuses in the administration, which come within their knowledge. They have the right of lodging formal complaints against ministers and members of the superior offices of State, for violations of the Constitution, or of acknowledged Constitutional privileges. A particular law shall determine the nature of the complaint, the degree of the punishment, and the deciding authority.

Complaints of individual citizens concerning the violation of their Constitutional privileges, cannot be received by the Chambers, except in wri ting; and then not accepted, unless the complainant shall prove that he has in vain appealed for redress to the proper local jurisdictions, and lastly to the Ministry of State.

No representation or complaint can be brought before the Grand Duke, without the consent of the majority of each of the two Chambers.

The order whereby the deputies of the landed proprietors, the towns, and the bailiwicks, go out, is determined by lot in the first meeting of the Diet. One half of the territorial deputies vacate their seats in the year 1823, and one half every subsequent four years. In 1821, one-fourth of the deputies of the towns or bailiwicks are excluded,

and, afterwards, one-fourth every two years.

In the first elections, all contests respecting the validity of the returns, will be determined by the Government Central Commission, which is charged with the execution of the Constitutional Law.

The opening of the first Diet will take place on the 1st of February, 1819.

At the opening of the Diet, when the Constitution is put in activity, the existing state of things in all branches of administration and legislation will continue, till measures be taken on these subjects, in concert with the Diet. The first budget will, in particular, be provisionally executed.

The present Constitution is placed under the guarantee of the German Confederation.

ACCOUNTS RELATING TO PROSECUTIONS FOR FORGING BANK OF
ENGLAND NOTES.

-An account of the Number of Persons prosecuted for Forging Notes of the Bank of England, and for uttering or possessing such Notes knowing them to be forged; from the 1st of January, 1816, to the 25th of February, 1818; distinguishing the Years, and the Number convicted and acquitted of such Offences respectively.

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2.-An Account of the Number of Persons prosecuted for Forging Notes of the Governor and Company of the Bank of England, and for uttering such Notes knowing them to be forged, during the 14 Years preceding the Suspension of Cash Payments by the Bank in February 1797; distinguing the Years.

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3. An Account of the Number of Persons prosecuted for Forging Notes of the Governor and Company of the Bank of England, and for knowingly uttering or possessing such Forged Notes, knowing them to be forged, since the Suspension of Cash Payments by the Bank in February, 1797, to the 25th of February, 1818; distinguishing the Years, and the Numbers convicted and acquitted.

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