Memoirs To Illustrate The History Of My Time Part 17

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70. The towns.h.i.+ps will continue to supply the funds for scholars on the foundation, and the sums they have hitherto contributed under the t.i.tle of help to their colleges: with this object, the total of these sums, as also of the burses, will be included in their respective budgets with the fixed expenses; and no deviation whatever from this will take place, unless previously submitted to our Royal Council of Instruction.

71. The towns.h.i.+ps will also continue to supply and keep in repair the buildings requisite for the Universities, the faculties, and colleges.

72. The councils of the Universities will settle the budgets for the colleges and faculties.

73. The faculties and royal colleges, of which the receipts exceed the expenses, will apply the surplus to the treasury of the University.

74. The councils of the universities will receive the annual contributions of the heads of seminaries and boarding schools.

75. They will manage the property belonging to the University of France situated in the district of each provincial university, and will collect the revenue.

76. In case the receipts of the faculties, or those a.s.signed for the expenses of general administration, should prove inadequate, the councils of the universities will make a distinct requisition, and will state the sums required to replace each deficiency.

77. This requisition will be addressed to our Royal Council of Public Instruction, who will transmit it, with suggestions, to our Minister the Secretary of State for the department of the Interior.

78. The expenses of the faculties and Universities, as settled by our Minister the Secretary of State for the department of the Interior, will be paid on his order from our Royal Treasury.

79. There will also be paid from our Royal Treasury, in like manner--1, the expenses of our Royal Council of Public Instruction; 2, those of the Normal School; 3, the Royal donations.

80. For these purposes the annual income of 400,000 francs, forming the appanage of the University of France, is placed at the disposal of our Minister the Secretary of State for the department of the Interior.

81. Further, and in provisional replacement of the tax abolished by Art.

68 of this present Decree, our Minister the Secretary of State for the department of the Interior, is authorized by us for the promotion of public instruction in our kingdom, during the year 1815, to apply to the Minister of our Household, who will place at his disposal the sum of one million, to be deducted from the funds of our Civil List.

82. The funds proceeding from the reduction of one twenty-fifth of the appointments in the University of France, will be applied to retiring pensions; our Royal Council is charged to propose to us the most eligible mode of appropriating this fund, and also to suggest the means of securing a new one for the same purpose, in all the universities.

t.i.tLE VI.

_Temporary Arrangements._

83. The members of our Royal Council of Public Instruction, who are to be selected in conformity with Art. 52, the inspectors-general of studies, the rectors and inspectors of universities, will be appointed by us, in the first instance, from amongst all those who have been or are now actually employed in the different educational establishments.

The conditions of eligibility settled by that Article, as also by Articles 10, 16, and 58, apply to situations which may hereafter become vacant.

84. The members of suppressed universities and societies, who have taken degrees as professors in the old faculties, or who have filled the posts of superiors and princ.i.p.als of colleges, or chairs of philosophy or rhetoric, as also councillors, inspectors-general, rectors and inspectors of academies, and professors of faculties in the University of France, who may find themselves out of employment by the effect of the present decree, are eligible to all places whatever.

85. The fixed salaries of the deans and professors of faculties, and those of the provosts, inspectors of studies, and professors in the Royal colleges are not to be altered.

86. The deans and professors of the faculties that will be continued, the provosts and doctors of faculty of the district colleges at present in office, are to retain the same rights and privileges, and will be subject to the same regulations of repeal, as if they had been appointed in pursuance of the present decree.

We hereby inform and command our courts, tribunals, prefects, and administrative bodies to publish and register these presents wherever they may deem it necessary to do so. Moreover we direct our attorneys-general and prefects to see that this is done, and to certify the same; that is to say, the courts and tribunals to our Chancellor, and the prefects to our Minister the Secretary of State for the department of the Interior.

Given at Paris, in our Castle of the Tuileries, February 17, in the year of grace 1815, and in the twentieth of our reign.

(Signed) LOUIS.

By the King; the Minister Secretary of State for the Interior.

(Signed) THE ABBe DE MONTESQUIOU.

No. VII.

_Note drawn up and laid before the King and Council in August 1816, on the question of dissolving the Chamber of 1815; by M. Laine, Minister of the Interior._

It being considered probable that the King may be obliged to dissolve the Chamber after its a.s.sembly, let us consider what will be the consequences.

Dissolution during the session is an extreme measure. It is a sort of appeal made in the midst of pa.s.sions in full conflict. The causes which lead to it, the feelings of resentment to which it will give rise, will spread throughout France.

The convocation of a new Chamber will require much time, and will render it almost impossible to introduce a budget this year. To hold back the budget until the first month of the year ensuing, is to run the risk of seeing the deficit increase and the available resources disappear.

This would in all probability render us incapable of paying the foreigners.

After such an unusual dissolution, justified by the danger which the Chamber may threaten, it is difficult to suppose that the electoral a.s.semblies would be tranquil. And if agitation should exhibit itself, the return of the foreigners is to be apprehended from that cause. The dread of this consequence, in either case, will induce the King to hesitate; and whatever attempts may be made to disturb the public peace or to a.s.sail the Royal authority, his Majesty's heart, in the hope that such evils would be merely transitory, will decide with reluctance on such an extreme remedy as dissolution.

If then, the necessity of dissolving the Chamber becomes pressing, will it not be better, before it meets, to adopt means of preserving us from this menacing disaster?

The renewal of one-fifth of the members, which, under any circ.u.mstances, seems to me indispensable to carry out the Charter, and which I regret to say we too much neglected in the month of July 1815, will scarcely diminish the probable necessity of dissolution.

The members returned for the fourth series are, with a few exceptions, moderate; they have no disposition whatever to disturb public repose, or interfere with the Royal prerogative, which alone can maintain order by giving confidence to all cla.s.ses. The other four-fifths remain unchanged; the apprehended dangers are consequently as imminent.

This consideration induces me to recommend the adoption of a measure which might facilitate a complete return to the Charter, by recalling the decree of the 13th of July, which infringed it in the articles of age and number, and has also reduced to problems many more of its conditions.

This measure would be to summon, by royal letters, only such deputies as have reached the age of forty, and according to the number stipulated in the Charter.

To effect this, we should choose the deputies who have been first named in each electoral college. We should thus pay a compliment to the electors by summoning those who appear to hold the most distinguished places in their confidence.

It is true it will be said that the Chamber not being dissolved, the present deputies have a kind of legal possession.

But the electors and the deputies they have chosen, only hold their power from the Decree.

The same authority which conferred that power can recall it by revoking the Decree.

The King in his opening speech appeared to say that it was only owing to an extraordinary circ.u.mstance that he had a.s.sembled round the throne a greater number of deputies. That extraordinary circ.u.mstance has pa.s.sed away. Peace is made, order is re-established, the Allies have retired from the heart of France and from the Capital.

This idea furnishes an answer to the objection that the operations of the Chamber are nullified.

The King had the power of making it what it is, in consequence of existing circ.u.mstances.

The Chamber of Deputies does not alone make the laws. The Chamber of Peers, and the King, who in France is the chief branch of the legislative body, have co-operated in that enactment.

If this objection could hold good in the present case, it would equally hold good in all the rest. In fact, either after the dissolution, or under any other circ.u.mstances, the King will return to the Charter, in regard to age and number. On this hypothesis, it might be said that the operations of the existing Chamber are nullified. Article 14 of the Charter could always be explained by the extraordinary circ.u.mstances, and its complete re-establishment by the most sacred motives. To return to the Charter without dissolution is not then to nullify the operations of the Chamber more than to return to the Charter after dissolution.

Will it be said that the King is not more certain of a majority after the proposed reduction than at present? I reply that the probability is greatly increased.

Memoirs To Illustrate The History Of My Time Part 17

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