CHARTS (Fr. a charter; Lat. Marta, paper). In the sense in we have adopted this word from the French, and in which it may be now said to form part of our lan guage, it signifies a system of constitutional law, embodied in a single document. Whether any system of positive public law existed in ancient France is, in that country, a subject of keen dispute amongst constitutional antiquaries. If any such there was, there seems little doubt that it was the mere embodiment of traditions, and not the result of any single act of the national will. Whilst France was divided into provinces and communes, local liberties and privileges unquestionably existed; but where the nation constituted no single body, a constitutional charter was impossible. The first traces of such a C. appear in the 14th c. ; and it is known in the history of the pub lic law of France as the grand charter, or the charter of king John. Up to this time, the kings had called together only partial assemblies, but in 1355 deputies from the whole kingdom were assembled in the hall of the parliament of Paris. The nobility and clergy, secular and regular, were represented by 400 deputies, the commons or third estate by a like number. This body assumed to itself the initiative, and prepared a species of con stitution, which was accepted by the king. The chief triumph of the third estate on this occasion consisted in carrying through the doctrine, that the decision of any two estates should be invalid without the concurrence of the third. The .three orders, who seem to have composed but one assembly, then proceeded to impose a series of restric tions on the power of the monarch, which, confirmed by the dauphin two years later, formed the foundation for the liberties subsequently asserted at the revolution.
But the constitution to which the term C. is most frequently applied by the French and by us, is that in which Louis XVIII. solemnly acknowledged the rights of the nation on his restoration in 1814. This C. has ever since been considered the fundamental law of constitutional monarchy when that form of government has existed in France. In some of its provisions, however, and still more in the mode of its acceptance by the monarch, as " a voluntary and free act of our royal authority," and as a " concession made to," not a contract entered into with, his subjects, it was open to the misconstruc tions which eventually led to the revolution of 1830. The " charte" sworn to on the 29th Aug. of that year by king Louis Philippe inodificd this and some of the other pro visions of that of 1814. On that occasion, the king explicitly recognized the sovereignty of the people. This document, which, with some modifications, remained in force till the revolution of 1848, is of so much importance, not only from its bearing on the past history, and possibly on the future destiny of France, but from the analogies which it presents to our own constitution, that we shall endeavor to present a condensed view of its leading provisions. „;aiif Dicta/zed by Microsatt LH) It consisted of 67 articles, divided into 7 heads. Of these, the 1st head, containing 11 articles, treated of the public rights of the French people It provided for the equality of all Frenchmen—a doctrine which it inherited from the revolution, and which it unfor tunately left to be understood in a sense inconsistent with monarchy, and indeed with any other form of government than pure democracy (see EQUALITY)—for their equal admissibility to all employments, civil and military, and for their freedom from arrest, otherwise than by legal process. It guaranteed the enjoyment of religious liberty, and
the payment of the ministers of all Christian denominations—a privilege which in 1831 was extended even to Jews. The liberty of printing and publishing was insured, the censorship of the press and conscription were abolished, an amnesty for all political offenses was proclaimed, and the security of property guaranteed, except when its sac rifice should be requisite for the public good, in which case it was declared that the owner must be indemnified. The 2d head set forth the nature and limitations of the kingly power in 8 articles. The supreme executive power, the command of the army and navy, and the right of making war, and treaties of peace, alliance, and commerce, were reserved to the monarch. To him, also, it belonged to nominate to all offices of public administration, to make all necessary regulations for the execution of the laws, but in no case to suspend them or dispense with them. The high duties of legislation were shared between the king, the chamber of peers, and the chamber of deputies; it being provided that every law should be agreed to by a majority of each chamber, and sanctioned by the king. Any one of the three branches of the legislature might origi nate any bill, except a money-bill, which was reserved for the chamber of deputies, as for the house of C01111110/1S in England. The 3d head contained ten articles regarding the chamber of peers, the nomination of whom was vested in the king (the princes of the blood being peers by right of birth). No limit was set to their number; but by the law of 9th Dec., 1831, incorporated in the C., it was declared that their dignity should be for life only. The chancellor of France was president. The chamber of peers assembled simultaneously with that of the deputies, and its sittings were public. The personal privileges of the peerage, as they exist in England, were introduced. The 4th head concerning the chamber of deputies contains 16 articles. It provides for the elec tion of the deputies and the sittings of the chamber. The electoral qualification is declared to be the payment of 200 francs of direct taxes, whilst that of a deputy is the payment of 500. The voting is by ballot, both at elections and in the chambers. The number of deputies, which at first was 430, was afterwards raised to 459. Each deputy was elected for 5 years, and one half of those for each department were required to have their political domicile within it. The C. became a nullity by the revolution of Feb., 1848; and by the new constitution promulgated on the 4th of Nov. of that year, the mon archy of France was converted into a democracy. By chapter 4 of that document, the legislative power was vested in a single assembly of 950 members, including the repro sentatives of Algeria and the other colonies. The property electoral qualification was abolished, and the age reduced for electors to 21, and for delegates to 25. The period of three years was fixed for the continuance of the national assembly. By chapter 5, the executive power was intrusted to a citizen, who was to bear the title of president. He was not to be less than 30 years of age, his tenure of office was to be 4 years, and he was not to be re-eligible until after an interval of 4 years. For an account of the subse quent changes by which these and the other arrangements adopted at the revolution of 1848 have since been superseded, see FiuL.NcE.