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THE CONSTITUTION OF 1755

The General Diet of the people of Corsica, legally the boss of himself, summoned by the General according to the modalities established in the town of Corti these days of 16,17,18 in November, 1755.

Having reconquerred his freedom, wanting to give to his government a durable shape and permanent, by transforming him into a constitution appropriate to assure bliss of the nation.

 

The Diet enacted, and enact the establishment of a Council of state to which it conferred, and confer, the supreme authority as well in the political domain that military and economic, wanting that it is composed of a general who will be its leading chief of it,and of thirty-six preside the first class, and hundred eight advisers of the second class. Two third among them will be of it Comune di, and the provinces of Balagna, of the Nebbiu and of Capu-Corsu including the cities of Bastia and Calvi, and the other third will be provinces of the With-beyond-of-Mounts. They will be divided into three rooms forming three magistratures; each one will have twelve presidents and trente-six advisers and will be charged with one of the essential parts of the government. Thus that which will be in charge of the political businesses will call rooms of justice, that which will take care of the military businesses the rooms of war, and that which will be in charge of the economic affairs the room of finances.


Waited until the constant meeting of these three rooms would not involve less expenditure than of disadvantages to the nation, and more would bring few slownesses in the businesses, this meeting will be made only twice per annum to deliberate on the most important businesses on the government and to represent the Council of State in its plenitude.

The remainder of time the Council will be represented with same competence and energy by the General, as chief, or by the general president, and three presidents only, one by advising to change each month, and an adviser to change in turn every ten days in the three respective rooms, and by the Secretaries of State.

The petitions which will be made with this Council will be addressed to the General who, according to the importance and the membership of the matters, will pass them to the president of the room on which they will depend. This one, them having studied all, will present them at the Council, where a decision will be made on their subject in the majority of the votes. Each president and adviser will have a vote, and the General will have two of them.

First A to vote will be the adviser. After the presidents, one will vote after the other, and then the General. In the event of parity of vote, the secretary will have to vote so that the decree or the decision is made in the majority.

In the businesses of the war the vote of the General will be decisive. It will also be able, of itself, independently of the Adviser, to order consult, of the steps, the general and particular congresses. All the members of the council will remain in their functions leu life during and will be elected by the people in the Diet.

General diet

One will have to convene the General Diet per annum once at the place which seems most convenient to the General, In this place any magistrate and civils servant of the nation will be held to return account of its control. To this end the General will speak first during the day to account for his, and will await with tender the judgement of the people. The other magistrates and civils servant will be subjected to the sindicatu of four members elected with the Diet in company of the General.

Court and judges of the pieves.

The abundance of the businesses of State and the contingencies of the war which must constantly occupy the Council so that it brings a fast remedy for any thing requiring it do not make it possible him to await and treat the civil actions. To this end a court will be elected, composed of three judges legists and an eligible chancellor by the Council in front of whom all the causes will be carried exceeding the sum of fifty books. Its sentences will be without call up to hundred books inclusively, and those which exceed this sum will be appealable in second authority, and last authority with the Council of State.

The causes which will not exceed fifty books will be decided by eligible judges at a rate of one per pieve; their judgement will be without call until the sum of one hundred books inclusively, and starting from hundred books exclusively will be appealable in second authority, and last authorities with the civil court.

Each judge will have to choose a notary as chancellor who will owe beings approved by the Council of State. So that the judges of the civil court and those of the pieves have what to live on their premises, it will be allowed to them to take the fees which are said, according to the following tariff:

- Of 15 pounds up to 25 pounds inclusively, 12 pennies.

- Of 25 pounds exclusively and to 50 inclusively, 1 book and 4 pennies.

- Of 50 books exclusively and up to 100 pounds inclusively, 2 books, 10 pennies.

- Of 100 pounds exclusively to any sum, 5 books.

Police chiefs of the pieves and captains and lieutenants of weapons of each pieves.

The parity necessary to ensure the respect of the orders as well as the discipline that our armies will have to observe in the steps or other military forwardings make essential the appointment of a police chief by pieve, and a captain and lieutenant of weapons for each parish.

Just as best and the zélés patriotic ones of the pieves will have to be police chiefs, and their election will belong to the General and to the Council of State, in the same way the captains and lieutenant of weapons will have among to be respected parish and their election will depend on the arbitration of the community, and will be valid when it receivesconfirmation of the General and the Council of State. To the police chief the circulars and other orders will be addressed as well to the General as of the Council, of which they will take care of the prompt execution. To this end it is necessary that the police chief is recognized as immediate chief of the troops of the pieve to which each captain of the pieve will have to provide the list of people suited to the steps and those of the weapons which exist in its parish, so that gathering the number of necessary man armed by the General and the Council of State it can act in consequence and with such an exactitude that nobody is importuned by it.It will keep near him a copy of these lists and will address the originals to the General, certified by his signature. It will be however held, as well as the captains, to take care that these details are consigned on paper, and carefully, since it must be recorded with the files. In the steps it will be always at the head of people of its pieve to carry out the orders and the provisions of that which will order walk as a chief, with which it will show the reportconcerning the required men, so that it is possible to continue the absent ones with the sorrows suitable and imposed by the General. It will fix, in the places where it will have to go, a locality where they will have to join to him, under penalty of a fine of 20 pennies for each absent which one will distribute between those which will take part in this forwarding. Will incur the same sorrow those which during the steps, without the permission necessary, will move away from their police chief at such a distance that they will not be any more with range to carry out his orders.Instruction particular will be given to the captains of weapons, and in their absence, with the lieutenants, to carry out the functioning orders and others which will be given by the government, whose specimen will be sent to the Police chief. If brawls or other evils will occur, they will have to run immediately with the force armed to stop the instigators and the culprits, and to make an inventory of their pieces of furniture and their goods by notarial acts. It will inform police chief promptly of all, so that this one, having put the government at the current, can go there without delay to carry out what will be prescribed to him, under sorrow, for one like the other, to be private of office and to pay into clean the equivalent of the sum which would be wasted because of their negligence, and to be subjected to the same sorrow as the culprit if this one, by their incurie, would not be stopped. The police chief will exert his employment with the discretion of the General and the Council. The captains and the lieutenants of weapons will have to be changed each year.

Podestats, fathers of the commun run and estimators.

The election of podestats and the fathers of the commun run and the estimators of each parish will be made each year according to the provision of the Statute of Corsica, in chapter 8 and each podestat will have to hold the government informed without delay of all that occurs to its people, so that, as much by his report/ratio that by that transmitted by the captain of weapons by the intermediary of the police chief, the government can take care more exactly of the good order so that the laws are respected.

Criminal laws.

That which will make voluntary manslaughters, or will wound seriously with any weapon, will be guilty to have given death, and as such, if it falls to the hands from justice, will have passed by the weapons like enemy of the company. It will not enjoy its goods, and consequently will be able to have any more no thing which belonged. Its property will be destroyed as far as possible. All its movable goods pass to the capacity tax department which, if it by the way considers it suitable and for the State, will be able in certain particular cases to stop the destruction of its property, while allocating, with the movable goods, to perpetuity to the room of finances. That which will kill, or by any particular action will try to kill its enemy following former offences after the establishment of peace, not only will be declared guilty of voluntary manslaughter, but on the site of his house, which will have to be irremediably destroyed, one will set up a column of infamy on which will be indicated the name of the culprit and his crime. That, with premeditation, apart from the two above mentioned cases of transverse revenge or rupture of peace, will wound slightly while drawing from the blows of arquebus or with any weapon, will be condemned, if it compared, from three to six months of prison, to the discretion of the Council, and the kind of offence, and will be obliged to pay 20 pennies for the guard [ of the prison ]. If it does not appear, and is shown disobeying, it will be condemned according to the regulation of the statute of Corsica. That which apart from the above mentioned cases, will draw with premeditation a blow from arquebus with an aim of killing, but without making of evil, or with others weapons will make death threats, instead of killing, will be condemned to two years or four months of prisons, and to the payment of 20 pennies per day for the guard, taking into account the kind of offence, and the discretion of the Council.If it is contumacious its family will be imprisoned, and in the absence of its family her next of kin, until him, the culprit, do not fall to the capacity from justice. That which will wound slightly in a brawl will be condemned of one to two months of prison, and to pay 20 pennies per day for the guard, with the discretion of the Council, and if it is contumacious, its family will be imprisoned, or if it does not have a family, his/her next of kin until A than, to him it guilty found. That also which in a brawl will strike somebody with a stone or stick, or only will carry reached with any weapon, will be condemned from 15 to 20 pennies per day for the guard, with the discretion of the Council and if it is contumacious, then falling to the capacity from justice it will be condemned to the double.

Those which will make justice them same.

That which will employ the force to take some object with that which would not have stolen it, but possèderait it like belonging to him into clean, and in good faith, and would take it by force under pretext which it was his, even if this object really belonged to him, that it is private of any justification that it could have, and moreover than it is condemned to pay from 25 to 50 books, or not being able to pay, than it is condemned to three months of prison. But if the force had been exerted against somebody, to take some movable object under pretext who it was his, and although it did not have any justification, in addition to the restitution of the thing taken to the owner, with the damages that this one would have undergone that it is condemned to pay from 100 to 200 pounds, and not paying, or not being able to pay, with the prison from 3 to 6 months.So then, it happened that these goods taken by force were seized without the intruder being able to have any justification or pretexts, that he is condemned to the sorrows prescribed in the criminal statutes. If, then, the force were employed so that somebody, of his own authority and without mandate legitimates of the judge, entered of force in possession of any real goods that others have in all good faith, even if it were proven that the force was legitimate, the intruder must be constrained not to enter in possession of the known as goods, and with the restitution of the fruits which it would have taken, and moreover he must be condemned from 100 to 200 pounds, and three to five months of prison, taking into account the condition of the person and the quality of the properties occupied by force.

About all the offences which, by preoccupation with a brevity, one did not make mention in these decrees, that one respects the civil statutes of our kingdom, taking into account however... if somebody removed some girl, transporting it against his own will or that his parents of a place to another with an aim of violating it, that it incurs the death penalty, and that which would begin some to some woman on Al public highway under pretext to marry it of, that it still the prison sentence during one year, and moreover the payment of 20 pennies per day during this year not with the call of the government, that it is exiled kingdom during three years.

Provisions for the provinces of Balagna and Nebbiu.

To compensate the populations for the disadvantages which they would have to undergo, considering the distance, in their recourse to the Supreme Council of State, each one of these provinces will be controlled by a magistrature provincial depending on the Supreme Council, and which will have to be made up of a president, renewable each month, and four advisers who will have to exert during fifteen days and then will be changed, and a chancellor who will have to be approved by the Supreme Council know-indicated. These magistrates must have the faculty not only translated into justice, also to condemn, and carry out their sentences in the minor criminal businesses for which one cannot impose the death penalty or the exile of the kingdom, with the obligation, however, to warn each month the Supreme Council of State of these causes. But for the crimes involving the capital punishment or the exile, it is necessary that they can only inform until the sentence, without applying it, and that they are held to communicate it to the Supreme Council with their deliberative opinion, and to await the sentence and the order for its execution.

The civil actions in the provinces know-indicated must be examined and settled by a general judge who will have faculty to return justice up to 400 pounds. If the business were only 25 pounds, that it is without call. In the businesses from 25 to 30 books, that there is the remedy to resort to aforesaid and respective magistrates, and from 50 to 400 pounds, that it is allowed to call upon the civil court. One must pay fee with the aforesaid judge according to the tariff mentioned above, which must be added for the benefits due to the chancellor: that one divides the whole per half. The aforesaid judge will have to reside in the same place as the magistrature.

Gangsters.

The culprits of homicides or other offences made before the 15 of last July, will be graciés if the peace were obtained offended part, provided that is produced in front of the General and the Supreme Council the instrument of peace by notarial act, or joined to the certificates of the priests, podestats and fathers of the commun run of the respective places, in condition, however, that each gangster aforesaid has initially to pay 25 pounds, intended for the room [ of justice ], and 25 pounds for the acts of the chancellor. For those then which would have made an offence after the known as day of July 15, and after the election of the new General, it left with the discretion of this same General in certain cases the possibility of giving discharge to the culprits by acts of grace, with pecuniary sorrow which he will estimate to be appropriate best provided that it does not become exemplary.

Signé PASQUALE PAOLI

 

 

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