On Civil Liberty and Self-Government
chapter viii.: general and transitory clauses.
19th Century Theodore Dwight Woolsey EnglishArt. 54. A high court of justice shall try, without appeal, or without recourse to cassation, all persons who may be sent before it charged with crime, attentats, or conspiracies against the president of the republic, and against the internal and external safety of the state. It can only be formed in virtue of a decree of the president of the republic.
Art. 55. A senatus-consultum will determine the organization of this high court.
Art. 56. The provisions of the codes, laws and regulations, which are not contrary to the present constitution, remain in vigor until they shall have been legally revoked.
Art. 57. The municipal organization shall be determined by law. The mayors shall be named by the executive power, and may be chosen from those not belonging to the municipal council.
Art. 58. The present constitution will be in vigor from the day on which the great bodies of the state shall have been constituted. The decrees issued by the president of the republic, from the 2d December up to that period, shall have the force of law.
Given at the Palace of the Tuileries, this 14th day of January, 1852.
Sealed with the great seal.
The reader must remember that all the decrees, which were issued after the coup d'état, and before its “ratification” by the people, were considered as ratified likewise; for instance, the still existing law by which the government transports members of secret political societies, without trial, and by authority of which many other persons deemed dangerous were transported to Cayenne. The same is to be said of the stringent law of the press according to which every paper exists at the will of the government, with regulations which may become utterly ruinous for the editor and publisher. The minute regulations of the coats and trowsers of the senators and members of the legislative corps need not probably be mentioned here as organic laws; but on March 22d, 1852, appeared the following important decree:
Louis Napoleon, President of the French Republic:
Considering article 4 of the constitution, and seeing that at the moment when the senate and legislative body are about to enter on their first session, it is important to regulate their relations with the president of the republic and the council of state, and to establish, according to the constitution, the organic conditions of their works, decrees: