authority, but every nomination and revocation must be made in the Council of Ministers. 38. The acts of the Consuls do not take effect until they have been countersigned by the Minister charged with their execution. The signature of the Consuls is of itself sufficient for the nomination and revocation of the Ministers. 39. The Consuls report on the state of the affairs of the Republic every year, and whenever required by the Assembly. 40. The Ministers have the right to address the Assembly on affairs relative to their own departments. 41. The Consuls reside in the place where the Assembly meets, nor can they leave the territory of the Republic without a vote passed by the Assembly, under pain of losing office. 42. They are lodged at the expense of the Republic, and each of them receives a salary of 3600 scudi* per annum. 43. The Consuls and the Ministers are responsible. 44. The Consuls and the Ministers can be impeached by the Assembly, on the motion of ten Representatives. The motion must be discussed like a bill. 45. The impeachment being admitted, the Consul is suspended from his functions. If he be acquitted, he returns to the exercise of his functions; if condemned, the Assembly passes to a fresh election. CAP. V. Of the Council of State. 46. There is a Council of State, composed of fifteen councillors, nominated by the Assembly. 47. Reference must be made to it by the Consuls, and the Ministers on bills to be proposed, on all edicts and executive ordinances; it may also be consulted on political relations. 48. It promulgates those edicts for which the Assembly has given it a special delegation. Its other functions are determined by a particular law. * £750.-TR. CAP. VI. Of the Judicial Power. 49. The judges in the exercise of their functions, are not dependent on any other authority in the State. 50. Nominated by the Consuls, and in a Council of Ministers; their offices are permanent; they cannot be promoted or transferred except by their own consent, nor can they be suspended, degraded, or deprived of their offices, except after a regular procedure and sentence. 51. There are Justices of the Peace for civil disputes. 52. Justice is administered publicly in the name of the people; but the tribunal, on the score of morality, can order the trial to be carried on with closed doors. 53. In criminal cases the judgment of the fact belongs to the people; the application of the law to the tribunal. The institution of judges of the fact is determined by a special law. 54. There is a Public Minister attached to the tribunals of the Republic. 55. A Supreme Tribunal of Justice sentences the Consuls and Ministers impeached. The Supreme Tribunal is composed of the President, and of four of the senior judges of the Court of Cassation, and of jurors drawn by lot from the annual lists, three for each province. The Assembly nominates the magistrate who is to execute the functions of Public Minister attached to the Supreme Tribunal. A majority of two-thirds of the votes is necessary for the condemnation of the accused. CAP. VII. Of the Public Force. 56. The amount of the stipendiary force, by land or sea, is determined by law, and by law alone can it be augmented or diminished. * Senza che siavi luogo a gravame. 57. The army is formed by voluntary enrolment, and in the manner determined by law. 58. No foreign troops can be enrolled, or introduced into the territory of the Republic, without a decree of the Assembly. 59. The Generals are nominated by the Assembly, on the proposal of the Consulate. 60. The distribution of troops of the line, and the forces of the internal garrisons, are determined by the Assembly; nor can they be varied or transferred, even temporarily, without its consent. 61. In the National Guard rank is conferred by election. 62. The maintenance of internal order, and of the Constitution, is principally confided to the National Guard. CAP. VIII. Of the Revision of the Constitution. 63. Any reform, whatever, of the Constitution, can only be put to the vote in the last year of the Legislature, and by at least a third of the Representatives. 64. The Assembly debates twice on the motion at an interval of two months. If the Assembly votes in favour of reform, by a majority of two-thirds, the popular conventions are summoned to elect Representatives for the Constituent Assembly, in the proportion of one for every fifteen thousand inhabitants. 65. The Assembly of revision is also the Legislative Assembly during the whole time of its sitting, which is not to exceed three months. Provisional Regulations. 66. The acts of the existing Constituent Assembly shall be specially directed to drawing up the electoral law, and the other organic laws necessary to the working of the Constitution. 67. On the opening of the Legislative Assembly, the functions of the Constituent will determine. 68. The existing laws and regulations will remain in force, in as far as they are not opposed to the Constitution, and until they shall be abrogated. 69. All persons at present in office require confirmation. CHAPTER XII. COMMISSION GIVEN BY THE NEW TRIUMVIRS TO THE PRINCE OF CANINO. ENTRY OF THE FRENCH.-PROCLAMATION.-TUMULTS IN THE PIAZZA COLONNA.ASSASSINATIONS. -DISSOLUTION OF THE ASSEMBLY.-PROCLAMATION BY GENERAL OUDINOT.— TEXT OF A LETTER FROM THE POPE.-EMIGRATIONS.-DEPARTURE OF GARIBALDI WITH HIS TROOPS.-HIS PLANS.-ROUTE TAKEN BY HIM.HIS ATTEMPTS IN TUSCANY.-DESERTIONS.-SKIRMISHES.-REPASSES THE APENNINES.-DISCOURAGEMENTS AMONG HIS FOLLOWERS.PROCLAMATION.- NEGOTIATIONS ARRIVES AT SAN MARINO. HIS THE new Triumvirs, elected by the Assembly, remained in office such a short time, that no memento is left of their government, except that they nominated the Prince of Canino, Ambassador of the Republic to France, England, and the United States of America, giving him his instructions on the 3rd of July, couched in the following terms: "TO THE CITIZEN CARLO LUCIANO BONAPARTE, REPRESENTATIVE OF THE PEOPLE IN THE ROMAN CONSTITUENT ASSEMBLY. "Citizen Bonaparte, "In the midst of the crisis which will decide the fate of three millions of Italians, the Triumvirate of our Republic has confided to you a mission, as important and delicate as it is worthy your noble mind, your talents, and your patriotism. The present new Triumvirate accredits you with full powers, as its Representative Extraordinary at the Courts of France, England, and the United States of America. Your instructions are principally embraced in these two particulars, which will constitute the sole and substantial basis of your diplomacy in the solution of the important problem of our political existence,-1st. The impossibility of the restoration of the temporal dominion of the Pope; 2nd. The logical and political necessity of the preservation of our Republic. Your good sense and judgment will facilitate the development of the conclusions which emanate spontaneously from these two premises. "Europe is not ignorant that, in his Encyclical letter of the 20th of April, Pius IX. solemnly declared all liberal institutions to be utterly incompatible with the temporal dominion of the Holy See. Europe is not ignorant of the heroic resistance made by Bologna, by Ancona and Rome, which was entirely provoked by the bitter hatred of the people towards the theocratic Government that attempts are now made to restore. And you will add, Citizen, that this same Roman people, exposed to the menaces of more than thirty thousand bayonets, of an immense array of artillery and other pieces of ordnance, disarmed, but not conquered, still exhibits an indomitable bravery, all the more significant the more courteous the manner, and the more liberal the expressions of the brave soldiers of France. "The liberal Governments of France, England, and the United States will be convinced by these and similar facts that the restoration of the temporal dominion of the Popes, far from being opportune, or necessary to universal peace, is on the contrary opposed to it, since it will keep alive and render permanent the revolutionary flame in the heart of Italy and Rome, which will then become the centre of the universal commotions of Europe. "By showing that the restoration of the Papal Government VOLIV. Q |