« AnteriorContinuar »
12. If the Chamber be of opinion that there is no cause for prosecution, it will decree the removal of the seizure, and the freedom of the accused should be be arrested. In the contrary case, it orders, according to the importance of the fats, either that the affair should be sent to the Tribunal of the Correctional Police, or that the documents should be transferred to the King's Attorney-General, at the Royal Court, to be proceeded on as is laid down in the chapter of the Code of Criminal Instruction, entitled, The Trial of Accusations.
13. In default of judgment, which within three days from the report made by the Judge of Instruction, ordains the transmission of the affair to the Tribunal of Correctional Police, or of the documents to the Attorney-General, or in default of citation of the party seized, before the Tribunal of Correctional Police, within the same period increased by a day in consequence of the three myriameters of distance, counting from the ordinance of transmission, the seizure is null and without effect. All the holders of the work seized, are bound to send it to the proprietor, on the simple exhibition of a certificate of the register, stating that there has been no judgment or citation in the time before-mentioned, which certificate will serve for a discharge.
14. The citation before the Tribunal of Correctional Police shall be in every case notified to the Register within three days from the ordinance of remission, and the cause shall be tried at the first audience after the expiration of
the delays prescribed by the 184th article of the Code of Criminal Instruction.
If the documents be sent to the Attorney-Ceneral, and that the Royal Court pronounces the accusation, the case shall be tried at the next assizes.
15. The act of accusation shall be closed by the following recapitulation:-" He is consequently accused of having committed by composition" [the translation or publication] "of" [such a writing] or "by the sale or distribution" [of such a writing, such and such a crime, attended with such and such circumstances ]
16. The questions resulting from the act of accusation shall be put in these terms:-st. Does the printed work present such or such a character, expressed in the recapitulation of the act of accusation, with all the circumstances therein comprised? 2d. Is the accused guilty of having composed, translated, or published this work, or of having printed, or of having sold, or distributed it?
17. If the declaration of the jury be affirmative only on the first question, in the whole or in part, the seizure shall be maintained and the work condemned, and the accused shall be sentenced only to the costs.
18. The Correctional Tribunals may, in cases of the abuse of the liberty of the press, command under security, the provisional freedom of the accused, conformably to the 11th article of the Code of Criminal Instruction. They may also use their discretion, even on the condemnation of a work, to pronounce only the payment of costs.
19. and 20.
19 and 20. [These articles extend to sentence pronounced against a work, and to all future impressions and publications of the same.]
21. In cases of crimes and misdemeanours, the annulling of the proces verbal of seizure for errors of forms, shall not be an obstacle to a farther prosecution of the work. It shall be the same with regard to the accused, if the facts imputed to him be other wise proved by the process.
22. Every individual who feels himself aggrieved by the abuse of the liberty of the press. may prefer a complaint before the King's Attorney-General, or the Judge of Instruction, either in the place of his re-idence, if the work has been there sold or distributed, or from the place of the residence of the accused, or one of them.
23 and 24 refer to the jurisdiction of Courts.
25. The pu lic action for an abuse of the liberty of the press is interdicted after the revolution of a year, reckoning from the day in which the writing shall have been deposited, in pursuance of the 14th Art. of the law of the 21st Oct 1814. The public action, if there has been no deposit, and the civil action, in all cases, are not prohibited until after the time appointed by the Code of Criminal Instruction.
26. The law of the 28th of February, 1817, relative to writings seized, and all the dispositions of anterior laws contrary to the present, are and remain repealed.
27. The journals and other periodical works which treat of poliVOL LIX.
The important concern which had been agita ed between the Papal court and that of Paris, relative to the establishment of tre Catholic religion in the latter, was laid before the Chamber of
Deputies by M. Laine, minister of the interior in the form of the project of a law proposed by the King in the following articles. LOUIS, &c.
To all present and to come, greeting. We have ordained and do ordain, that the projet of the law, the tenour of which follows, shall be presented to the Chamber of Deputies by our Ministers Secretaries of State for the Department of Foreign Affairs and of the Interior, by the Sieurs Count Beugnot, Minister of State, and Count Portalis, Counsellor of State, whom we charge to develope its motives, and support its discussion:
Article 1-Conformably with the Concordat passed between Francis 1. ad Leo. X., the King alone appoints, by virtue of a right inherent in his crown, to the Archbishopricks and Bishopricks through the whole extent of his kingdom. The Bishops and Archbishops repair to the Pope to obtain canonical institution, according to the forms established by ancient usage.
II The concordat of the 15th July, 1801, ceases to have its effect 
from this day; saving, however, the effects which it has produced, and the disposition in article 13 of that act, which remains in its full force and yigour. [That article refers to the inviolability of the sales of church property.]
III. Seven new Archbishopricks, and 25 new Bishopricks, are Two of the Episcopal Sees at present existing are erecting into Archiepiscopal Sees. The boundaries of the 50 Sees already existing, and those of the 32 recently created, are determined according to the tables annexed to the present law.
IV. The endowment of the Archbishopricks and Bishopricks shall be taken from the funds placed at the disposal of the King, by article 143 of the law of the 25th March last.
V. The bulls, briefs, decrees, and other acts, emanating from the Court of Rome, or produced under its authority, except the indulgences of the Penitentiary Court, so far alone as concerns the internal Ecclesiastical Court cannot be received, printed, published, or carried into execution in the kingdom, without the authority of the King.
VI. Such of those acts as concern the Universal Church, or the general interest of the state, or the church of France, their laws, their administration, or their doctrine, and which may necessitate or may induce some modifications in the legislation now existing, cannot be received, printed, published, or carried into execution in France, without having been duly verified by the two Chambers upon the proposal of the King.
VII. The said acts shall be inserted in the Bulletin of Laws, with the law or ordinance that has authorized the publication.
VIII. The cases of abuse specified in the Art. 6, and those of disturbance, provided for by Art. 7, of the law of 1802, shall be submitted directly to the Royal Courts, the first Civil Chamber, on the information of our attornies-general, or on the prosecution of the parties interested.
The Royal Courts shall decide in all cases not provided for by the codes, conformably with the regulations anciently observed in the kingdom, saving appeal to the Court of Cassation.
IX. All persons in holy orders approved by their Bishops, who may be charged with crimes or offences, either out of their functions or in the exercise of their functions, shall be proceeded against according to the dispositions of Art. 10 of the law of the 20th April, 1810, and the Articles 479 and 480 of the Criminal Code of Instruction.
X. The Bulls given at Rome the 19th (1st) and 27th (2d) of July, the former containing the ratification of the Convention passed the 11th June last, between the King and his Holiness; the second, concerning the boundaries of the dioceses of the kingdom, are received, and shall be published without the approbation of clauses, formulas, and expressions which they contain, and which are or may be contrary to the laws of the realm, the liberties, franchises, and maxims of the Gallican Church.
XI. In no case shall the said receptions
Spain.-Disturbance in Valencia.-Edict prohibiting Books.-Conspiracy in Barcelona.-Castanos and his Accomplices condemned.-Papal Bull respecting the Property of the Church in Spain.-Queen of Etruria.— Decree relative to the Culture of Tobacco in the Havannah.-Abolition of the Slave Trade.-Portugal.-Irruption of its Army into Montevideo.-Part taken by the allied Powers.-Defection of Pernambuco, and its Reduction.-Plot in Portugal.
THE following letter, dated
February, contains an account of a disturbance which took place in Valencia on January 17th.
"The 17th ult. was a day of judgment in Valencia. The people daringly rose against General Elio; and if divine Providence had not taken pity on that afflicted district, we know not to what lengths the wild monster the mob (which a people are when given up to their own violence) would have proceeded. These turbulent habits have been contracted by past events, when the Liberales flattered the people that they were going to destroy all the authority of rank and power. The people are like children; they never forget the indulgence allowed them. The tumult took its origin in a foolish dispute about the tax on coals. General Elio, who allows no one to dispute his commands, found it necessary to exert his authority against certain persons who called themselves the deputies of the people; and thus was kindled that fire which had nearly involved in flame the whole capital of the province. The power of the insurgents rose to such a height, that the city was in their
possession during the whole of the 17th. Elio had the prudence
people had the insolence to raise the cry of the constitution; and offered a thousand insults to the general and the troops. I have the satisfaction, however, to tell you, that none but the rabble took any part in the disturbance : the gentlemen and men of property remained in their houses. At last the army triumphed; and General Elio is about to make terrible examples. The judges of the audience entered into disputes with his Excellency concerning the limits of jurisdiction between the civil and military authority; and Elio, who knows well his duty, immediately set out to Madrid to obtain from his Majesty full powers to hang, if it be found necessary, the members of the court itself. One soldier was killed: on the side of the people many were wounded. General Elio was wounded, but not severely."
The following proclamation was subjoined to this letter.
The Captain-General of the provinces of Valencia and Murcia, to whom is intrusted the preservation of the public tranquillity, desirous to fulfil his duty, and to