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laws in the judgments to be given, and to cause them to be executed after they are passed.

They shall not be public accusers; but they shall be heard on all accusations, and shall require, during process, regularity of forms, and before judgment the application of the law.

XV. The king's commissioners in the tribunals shall represent to the director of the jury, either officially or according to orders given them by the king.

Offences against the individual liberty of citizens, against the free circulation of provisions, and the collection of contributions;

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Offences by which the execution of orders given by the king, in the exercise of the functions delegated to him, shall be disturbed or impeded; and opposition to the execution of judgments, and all executive acts proceeding from esta blished powers.

XVI. The minister of justice shall represent to the tribunal of appeal, by means of the king's commissioner, the acts by which the judges have exceeded their jurisdiction.

The tribunal shall annul these acts, and if they give ground for forfeiture, the fact shall be represented to the legislative body, which shall pass the decree of accusation, and refer the parties informed against to the high national

court.

HEAD IV. Of the Public Force.

I. The public force is instituted to defend the state against external enemies, and to maintain internal order and the execution of the laws. II. It is composed,

Of the land and sea force; Of the troops specially destined for home service;

And, subsidiarily, of the active citizens and their children of age to bear arms, registered in the roll of national guards.

III. The national guards do not form a military body, or an institution in the state; they are the citizens themselves, called to assist the public force.

IV. The citizens can never embody themselves, or act as national guards, but by virtue of a requisition, or a legal authority.

They are subject in this quality to an organization, to be determined by the law.

They shall be distinguished in the whole kingdom by only one form of discipline, and one uniform.

Distinction of rank and subordination subsist only relatively to the service, and during its continuance.

VI. Officers are chosen for a time, and cannot again be chosen till after a certain interval of service.

None shall command the national guard of more than one district.

VII. All the parts of the public force, employed for the safety of the state from foreign enemies, are under the command of the king.

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VIII. No body or detachment of troops of the line can act in the internal part of the kingdom without a legal order..

IX. No agent of the public force can be in the house of a citizen, if it is not in order to execute the instructions of police and of justice, or in cases formally provided for by

law.

X. The requisition of the public force in the internal part of the kingdom belongs to the civil officers, according to the regulations provided by the legislative power.

XI. When any department is in a state of commotion, the king shall

issue

issue, subject to the responsibility of ministers, the necessary order for the execution of laws, and the reestablishment of order; but with the reserve of informing the legislative body, if it is assembled, and of convoking it if it be not sitting.

XII. The public force is essen tially obedient; no person in arms ean deliberate.

HEAD V. Of Public Contributions,

1. Public contributions shall be debated and fixed every year by the legislative body, and cannot conti. nue in force longer than the last day of the following session, if they are not expressly renewed.

II. The funds necessary to the discharge of the national debt, and the payment of the civil list, can under no pretext be refused or suspended.

III. The administrators of department, and sub-administrators, can neither establish any public contribution, nor make any distribution, beyond the time and the sums fixed by the legislative body; nor deliberate, or permit, without being authorised by it, any local loan to be charged to the citizens of the department.

IV. The executive power directs and superintends the collection and paying in of contributions, and gives the necessary orders to this effect.

HEAD VI. Of the Connexion of the French Nation with Foreign Nations.

The French nation renounces the undertaking of any war with a view of making conquests, and will never employ its forces against the liberty of any people.

The constitution no longer admits the Droit d'Aubaine.

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Foreigners, whether settled in France or not, inherit the property of their parents, whether foreigners or Frenchmen. They can contract, acquire, and receive property situated in France, and dispose of it, as well as any French citizen, in every mode authorised by the laws.

Foreigners in France are subject to the same criminal laws and regulations of police as French citizens: their persons, effects, industry, and religion, are equally protected by the law.

French colonies and possessions in Asia, Africa, and America, are not included in the present constitution.

None of the powers instituted by the constitution have a right to change it in its form, or in its parts.

The constituting National Assembly commits the deposit to the fidelity of the legislative body, of the king, and of the judges, to the vigi lance of fathers of families, to wives, and to mothers, to the attachment of young citizens, to the courage of all Frenchmen.

With respect to the laws made by the National Assembly which are not included in the act of constitution, and those anterior laws which it has not altered, they shall be observed so long as they shall not be revoked or modified by the legislative power.

Signed, the Members of the committees of constitution and revision. Target Talleyrand Pe

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Account of the Capture of Cannanore, and Turuckabad, with several forts on the Malabar Coast, by the British.

1

Camp near Cannanore, January 9, 1791. To Stephen Lushington, Esq. Chairman of the Honourable the Court of Directors for transacting all affairs of the United English East India Company. Sir,

TH

HE Princess Royal, which arrived at Tellicherry the 7th instant, in her way to England, having left Bombay previous to the arrival of the Drake snow, which carried the account of the capture of Cannanore, I now do myself the pleasure to send you, for the information of the honourable the select committee, a detail of every material circumstance which has taken place, from my first determination of coming to Tellicherry to the present time, which I flatter myself will meet the approbation of the honourable company.

The essential assistance given the Travancore Raja, by a detachment under lieutenant-colonel Hartley, has long since been known in England. It was my intention, as soon as the season would admit, to assemble the force of this presidency, to emancipate the Malabar princes, with whom alliances had been concluded, and afterwards to co-operate with GeneralMedows. His successful advance through the Coimbatore, and the sanguine expectations universally held of a speedy termination of the war, induced his lordship toconsider anyassistance as unnecessary; toplace the troopswith lieutenant-colonel Hartley, and on

the Malabar coast, under general Medows's orders; and to confine my attention to granting the Marattas whatever force they might require. A detachment of artillery and two battalions of native troops, were sent them before the rains.

under colonel Frederick's

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This corps has since been augmented with a battalion of European infantry, and another of sepoys, mand. By the latest accounts from Bombay, the reinforcement was expected to join the Maratta army employed at the siege of Darwar.

Agreeably to the system adopted by his lordship and general Medows, lieutenant-colonel Hartley, as soon as the season admitted, marched to Palicautcherry, and opened the communication from this coast with the Madras army, at that time stationed in the Coimbatore. Supplies of military stores were sent them from Bombay; but the inconvenience of transporting them by land pointed out the necessity of opening the Paniani river. In the mean time, the enemy's advance into Coimbatore, and the retreat of

lieutenant-colonel Floyd, from Sallimungulum, prevented General Medows from ascending theGhauts, and obliged him to detain lieutenant-colonel Hartley, with his detachment, at Palicautcherry, to form magazines of grain.

From this change in the movements originally intended, his lordship was convinced, that a diversion on the Malabar coast might be attended with beneficial consequences. As soon as I was acquainted with his wishes that I would in person proceed hither, I resolved, with the little force that could be spared form Bombay, to embark for Tellicherry, and on the spot determine,

if an attempt could be made with propriety to clear the country of a force stationed by Tippoo to awe the garrison of Tellicherry, and curb the Nairs, who were universally disposed to join us.

On my arrival, the 5th of December, I was informed, that the force to the southward of Tellicherry had assembled, and had marchedtowards lieutenant-colonel Hartley, at that time ordered to Paniani, to keep the communication open. Much as I wished to assist him in a measure so important in its consequences, I found it impracticable to take a corps sufficient for the purpose, unless Cannanore was first reduced. The government of that district had, during the rains, made a treaty with the chief of Tellicherry; had evaded a compliance with the articles; had invited the force stationed by Tippoo in the Cherical country, and which had retired at the opening of the campaign, to return to their defence; and had at length openly avowed their hostile intentions.

On the 10th, the force that could be spared for the purpose, encamped in the heights of Egar. It consisted of his majesty's 77th regiment, seven companies of the 1st Bombay regiment, the 2d, 3d, 10th, and 12th battalions of native infantry, the flank companies of the 6th, and two companies of artillery, amounting to upwards of 3,000 disciplined men. On the 12th and 13th the neighbouring Rajahs joined, with about 2,000 irregular Nairs. The 14th, the line moved towards the enemy. They were strongly posted on heights to the southward and eastward of Cannanore,defended by a chain of stone redoubts, with cannon in them. On viewing their

position, I determined to gain possession of a very strong redoubt inthe centre of their posts, which would enable me to attack either of their wings with the greatest part of my force. Notwithstanding much resistance during the day, I took post sufficiently near to erect a battery, which early in the morning of the 15th demolished the defences, and obliged them to evacuate the place. At the same time the left brigade advanced in line, and attacked the height of Carley. The resistance was trifling, consideringthe strength of the ground occupied by a brigade of the enemy's troops. They retreated under the guns of Carley redoubt, and through the town of Cannanore. In the night of the 15th a battery was raised against Carley, which surrendered at daybreak next morning.

By these operations I was in possession of the heights and works to the southward, and by a small movement to my right, could completely prevent the enemy's retreat. Convinced of the danger of their situation, they offered to capitulate. The articles were agreed on in the evening, and hostages came into my camp.

On the morning of the 17th, the Cannanore troops, amounting to 800 men, retired within the town, and Tippoo's forces paraded in front of their encampment, and, agreeably to the terms that had been granted, surrendered their arms and all Circar property, and engaged not to serve during the war. They consisted of 200 horse, a corps、 of grenadiers, two brigades of regular infantry, and rocket boys, irregulars, &c. amounting to upwards of 5,000 men. The fort of Cannanore was summoned imme

diately

diately afterwards, and surrendered without conditions.

The fort of Billiapatam, the capital of the Cherukal Raja, situated on the South bank of the river, and Nurrcarow on the north, also surrendered in the evening, and the garrison received the same terms with the rest of Tippoo's troops. They have since been all sent under an escort to the Canara country. By these successes we have taken 34 stand of colours, 68 pieces of cannon, a quantity of ammunition, military stores and grain, and near 5,000 stand of arms. I have the honour to inclose a return of them, and of the killed and wounded of the detachment, which I am happy to observe, is much more trifling than could have been expected. I have also great pleasure in assuring you, I have every reason to be perfectly satisfied with the gallantry and discipline of the troops, whose behaviour equalled my most sanguine expectations.

I was now at liberty to have assisted lieutenant-colonel Hartley; but his little detachment had completely defeated and dispersed the corps opposed to them, and were in possession of Turuckabad, the capital of this coast. It consisted of his majesty's 75th regiment, the grenadier native battalion, and seven companies of the 7th battalion, amounting to about 1,600 men, with ten pieces of cannon, 500 Travancore horse, a battalion of Travancore Sepoys, and a body of irregular Nairs. The enemy's force was about 10,000 men, posted at Ventzetty Cottah, whither Lieu tenant Colonel Hartley marched on the 6th of December. They retreated on his approach the 7th, and the fort surrendered on the VOL. XXXIII.

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8th in the morning. They were found posted in a wood in the front of the village of Tervanangurry. The detachment forced them from thence, and attacked the village, as well as the grounds on both sides of it, which were woody, and intersected with hedges and mud banks. The enemy retreated, af ter disputing the ground; and formed in front, and on the flanks of the fort of Trincalore, the esplanade of which extends to the village; but our troops advanced with vivacity and spirit, pursued them into the covert-way, where many of them were killed, obliged the fort to surrender, and totally dispersed them. Upwards of 800 were taken in the fort, and numbers were killed in the different attacks.

Mootaub Khan, who commanded them, retreated to Turackabad, and the next day he left it, with about 2,000 men, and a considerable sum in specie, and fled to the Ghauts. Lieutenant-colonel Hartley advanced to that place on the 10th, when 1,500 men, the remains of their army, laid down their arms. A considerable quantity of military and other stores were captured, and, in particular, the guns taken from the Travancore lines.

The posts of Barragurry and Cootahpore, in the Cartanad country, still remained in possession of Tippoo's troops. A detachment from hence marched against them the 27th of December, and returned on the 5th instant with 400 prisoners, which they had taken without any loss. The posts surrendered, after a little opposition, on nearly the same terms as Cannanore.

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