ied by the
chamber of peers, for having compromised the safety or honour of the
nation.
ART. 42. In this case the chamber of peers exercises a discretionary
power, both in assigning the character of the crime, and in the
punishment to be inflicted.
ART. 43. Before it is decided, that a minister shall be put upon his
trial, the chamber of representatives must declare, that there are
grounds for examining into the charge brought against him.
ART. 44. This declaration can be made only on the report of a
committee of sixty members drawn by lot. This committee cannot make
its report till at least ten days after its nomination.
ART. 45. When the chamber has declared, that there are grounds for
examination, it may summon the minister before it, to demand an
explanation of him. This summons cannot take place, till ten days
after the committee has made its report.
ART. 46. In all other cases, ministers having departments cannot be
summoned or sent for by the chambers.
ART. 47. When the chamber of representatives has declared, that there
are grounds for examination against a minister, a new committee is to
be formed, of sixty members, drawn by lot as the former; and this
committee makes a fresh report on the subject of bringing him to
trial. This committee does not make its report till ten days after its
nomination.
ART. 48. The bringing to trial cannot be decided upon, till ten days
after the report has been read, and distributed among the members.
ART. 49. The accusation being resolved upon, the chamber of
representatives names five commissioners, chosen from among its own
members, to conduct the charge before the chamber of peers.
ART. 50. Article 75 of head 8 of the constitutional act of the 22d of
Frimaire, year 8, declaring, that the agents of the government can be
prosecuted only in consequence of a decision of the council of state,
shall be modified by a law.
HEAD V.
_Of the judicial power._
ART. 51. The Emperor appoints all the judges. They are for life, and
irremovable, from the instant of their appointment; the nomination of
judges of the peace, and of commerce, excepted, which will take place
as heretofore.
The present judges, appointed by the Emperor agreeably to the decree
of the senate of the 12th of October, 1807, and whom he may think
proper to retain, will receive appointments for life before the 1st of
January next.
ART. 52. The institution of juries is retained.
ART. 53.
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