Constitutional Charter of the Kingdom of Poland, In the Year 1815
KINGDOM OF POLAND.
TITLE I. OF THE POLITICAL RELATIONS OF THE KINGDOM.Edit
Article I. The kingdom of Poland is for ever united to the Empire of Russia.
II. The civil and political relations in which we place it, and the bonds by which this union is to be secured, are determined by the Charter which now we grant.
III. The crown of Poland is hereditary in our person and that of our decendants, heirs, and successors, according to the order of succession, established for the Imperial throne of Russia.
IV. The constitutional Charter determines the manner, the principle, and the exercise of the sovereign authority.
V. The King, in case of absence, shall name a Lieutenant, who is to reside in the kingdom; which Lieutenant shall be removed at the King’s pleasure.
VI. When the King does not appoint for his Lieutenant a Prince Imperial of Russia, his choice shall fall upon a native, or upon some person to whom he has granted naturalization, in the manner prescribed by the thirty-third article.
VII. The nomination of the Lieutenant shall be made by a public act; which act shall precisely determine the nature and extent of the power entrusted to him.
VIII. The external political relations of our empire shall be common to the kingdom of Poland.
IX. The sovereign alone shall have the power to determine the participation of the kingdom of Poland in the Russian wars, as well as in the treaties of peace which that power may conclude.
X. In every instance in which Russian troops may be introduced into Poland, or Polish troops into Russia, or in the event of the passage of these troops through any province of either of these kingdoms, the support of such troops, and the expences attendant upon their journey, shall rest entirely with the nation to which they belong. The Polish army shall never be employed out of Europe.
=== TITLE II. GENERAL GUARANTEES. ===
XI. The Roman Catholic religion, being professed by the majority of the inhabitants of the kingdom of Poland, the government shall make this religion the object of especial care, without in any degree, derogating thereby from the freedom of other religious sects, which shall all, without exception, have full and public liberty to carry on their respective worship, and shall all enjoy the protection of the government. The different forms of Christian worship, shall occasion no difference in the enjoyment of civil and political rights.
XII. The Ministers of all the different persuasions, shall be under the protection, and under the inspection of the government.
XIII. The property already in the possession of the Roman Catholic Church and of the Greek Communion, and what may hereafter be granted by our special decree, shall be declared inalienable and common to the whole ecclesiastical hierarchy, as soon as the government shall have appointed and assigned to the said clergy, the national domains which are to constitute such benefaction.
XIV. The senate of the kingdom of Poland, shall admit as members, as many bishops of the Roman Catholic Communion, as there may be Palatinates by law appointed. It shall admit also one bishop of the Greek Communion.
XV. The clergy of the confession of Augsburg, and of the evangelical reformed church shall receive such annual support as we shall be disposed to grant for their use.
XVI. The liberty of the press is guaranteed. The law shall determine the method of restraining its abuses.
XVII. The law shall protect every class of citizens alike, without regard to their rank or condition.
XVIII. The ancient fandamental law “neminem captivari permittemus nisi jure victum” shall be observed with regard to all classes of the inhabitants, as below explained.
XIX. No man shall be arrested except with the forms, and in the cases prescribed by the law.
XX. Every man shall be informed immediately, and by writing, of the cause of his being arrested.
XXI. Every individual, so arrested, shall be presented within three days, at the furthest, before the competent tribunal, that he may be there examined or tried. If on the first examination he be found to be innocent, he shall be forthwith discharged.
XXII. In such cases as the law directs, the prisoner, if he give bail, shall be set at liberty for the time.
XXIII. No man shall be punished except in conformity with the existing laws, and by the decree of the competent Magistrate.
XXIV. Every Pole is at liberty to remove his person, or his property, according to the forms by law prescribed.
XXV. Every condemned criminal shall undergo the penalty prescribed by law, in his own country; and nobody shall be carried out of the country except in the case of banishment decreed by law.
XXVI. All property, of whatever description or nature, whether it may be on the surface or in the bosom of the earth, and to whomsoever it may belong, is hereby declared sacred and inviolable; and no authority shall infringe upon it, under any pretence whatever. Any person attempting to appropriate the property of another, shall be held to be a disturber of the public peace, and punished accordingly.
XXVII. Government has, nevertheless, the power of exacting from any individual, the sacrifice of his property, when the public good requires it, providing for the individual a previous and equitable indemnification. The law shall determine the cases, and the manner in which this principle is to be applied.
XXVIII. All public affairs, executive, judicial, and military, without any exception, shall be transacted in the Polish language.
XXIX. All public offices, civil and military, shall be filled by Poles only. The presidents of the tribunals for the first hearing of causes, presidents of palatinate commissions, of tribunals of appeals, the nuncios and deputies of the diet, and the senators shall be, without exception, landed proprietors.
XXX. All public officers in the executive part of the administration, are liable to be displaced by the same authority by which they were appointed; and all, without exception, are responsible for their conduct.
XXXI. The Polish Nation shall have for ever a national representation; and this representation shall consist of the diet, composed of the King and of the two chambers; the senate shall constitute one chamber, and the nuncios and deputies of the Commons, the other.
XXXII. Every legitimated foreigner shall enjoy the protection of the laws, and the advantages which they secure, on the same footing as the other inhabitants. He shall be able, like them, to remain in the kingdom or to leave it, (conformably to the rules therein established) to return to it, to acquire landed property, and to qualify himself for becoming a citizen.
XXXIII. Any foreigner who has become a landed proprietor and been naturalized, and who has also acquired the Polish tongue, is admissible to a public office, after five years of residence and of unexceptionable behaviour.
XXXIV. The King also of his own pleasure, or on the representation of his council of state, may appoint foreigners of talent to any offices not excepted by article ninety.
=== TITLE III. GOVERNMENT. ===
CHAPTER I. The King.Edit
XXXV. The government resides in the person of the King. He exercises in all their plenitude the functions of executive power. All executive and administrative authority must emanate from him.
XXXVI. The person of the King is sacred and inviolable.
XXXVII. The public acts of all tribunals, courts, and magistracies shall be drawn up in the King’s name. The impressions upon all coin and stamps shall be of his choice.
XXXVIII. The disposition of the armed force, in the time of peace, as well as in war, and the nomination of generals and officers belong exclusively to the King.
XXXIX. The King disposes of the revenues of the State, conformably to the budget, which is to be drawn up and submitted to his approbation.
XL. The right of making war, and of concluding all treaties and conventions, is reserved to the King.
XLI. The King is to nominate the senators, the ministers, the councellors of state, the masters of requests, the presidents of palatinate commissions, the presidents and judges of the different tribunals which are reserved for his nomination, diplomatic and commercial agents, and all other functionaries; and he may do this either directly from himself, or indirectly, by means of the authorities, to whom he may be pleased to delegate his power.
XLII. The King is to nominate the archbishops and bishops of the different denominations, the suffragans, prelates, and canons.
XLIII. The power of granting a pardon is exclusively the King’s. He may remit or commute the penalty.
XLIV. The institution, the regulation, and the power of appointment to all civil and military orders, belong to the King.
XLV. All our successors on the throne of Poland are hereby engaged to be crowned King of Poland in the capital, according to the form which we shall prescribe; and they shall make oath as follows: “I swear and promise before God and upon the Holy Gospels to maintain and execute, to the utmost of my power, the Constitutional Charter.”
XLVI. The power of conferring nobility, of naturalizing a foreigner, and of granting titles of honour, resides in the King.
XLVII. All orders and decrees of the King shall be counter-signed by a minister, the head of a department, who shall be responsible for anything that the said orders and decrees may contain contrary to the Constitutional Charter.
==== CHAPTER II. Regency. ====
XLVIII. The cases of regency which are, or may be admitted for Russia, and the powers of the Regent, shall be common to the kingdom of Poland, and the same principles shall obtain in both realms.
XLIX. In case of regency, the Secretary of State is compelled, upon his own personal responsibility, to announce to the lieutenant the establishment of the regency in Russia.
L. The lieutenant, on receiving the communication respecting the regency in Russia, and the memorial of the Secretary of State, shall convoke the Senate for the education of the members of a regency in the kingdom of Poland.
LI. The regency of the kingdom shall be composed of the Regent of Russia, of four members elected by the Senate, and the Secretary of State. It shall hold its sittings in the capital of the Russian Empire; and the Regent shall preside.
LII. The authority of the regency of the kingdom shall be equal to that of the King, except that it shall not have power to nominate senators, and that all its nominations shall be subject to the approbation of the King, who may revoke them when he takes the reins of government into his own hands. The council shall publish all its decrees in the name of the King.
LIII. The nomination and the power of recalling the lieutenant belongs to the regency during its administration.
LIV. When the King takes the reins of government, he shall require from the regency an account of its administration.
LV. The members of the regency of the kingdom shall be responsible in their persons and in their property for whatever they may have done contrary to the Constitutional Charter, or to the laws.
LVI. In case of the death of one of the members of the regency, the senate, convoked by the lieutenant, shall fill up the vacancy. The regency shall appoint a secretary to the regency.
LVII. The members of the regency, before they set off for the capital of Russia, shall make oath in presence of the senate, that they will faithfully support the constitution and the laws.
LVIII. The Regent of Russia shall take the same oath in presence of the members of the council of regency.
LIX. The Secretary of State shall be required to take a similar oath.
LX. The adjuration of the Regent shall be sent to the senate of Poland.
LXI. The adjuration of the Secretary of State shall be sent in like manner to the senate of Poland.
LXII. The adjuration of the members of the regency shall be forwarded, by the members of the senate of Poland, to the Regent of Russia.
CHAPTER III. Of the Lieutenant and the Council of State.Edit
LXIII. The council of state in which the King, or his lieutenant is to preside, shall be composed of the ministers, the counsellors of state, the masters of requests of requests, and of such other persons as it shall please the King specially to appoint.
LXIV. The lieutenant and the council of state shall administer the affairs of the kingdom in the King’s name, during his absence.
LXV. The council of state shall be divided into a council of administration and a general assembly.
LXVI. The council of administration shall be composed of the lieutenant, of the ministers who are the heads of the five departments of government, and of other persons specially appointed by the King.
LXVII. The members of the council of administration have deliberative voices only. The opinion of the lieutenant is decisive. He is to take his resolutions in council, in conformity with the Constitutional Charter, with the Laws, and with the powers derived from the King.
LXVIII. Every decree of the lieutenant in order, to be obligatory, must be rendered in council and countersigned by a secretary of one of the departments.
LXIX. The lieutenant shall present to the King, (conformably to a more detailed arrangement on the subject) two candidates for every vacancy of an archbishop, bishop, senator, minister, supreme judge, counsellor of state, or master of requests.
LXX. The lieutenant shall take the following oath in the presence of the senate, holding his hands in those of the King: “I swear to Almighty God, that I will administer the affairs of Poland in the King’s name, conformably to the Constitutional Charter, to the laws, and to the powers and instructions derived from the King; and that I will remit to the King the power entrusted to me, as soon as his Majesty shall deem it expedient.” If the King be absent from the kingdom the adjuration of the lieutenant in the hands of the King, shall be forwarded to the senate by the secretary of state.
LXXI. The King being present, the authority of the lieutenant is suspended. It is then at the King’s pleasure to consult with the ministers separately, or to call a council of administration.
LXXII. In case of the decease of a lieutenant, or if the King should not think proper to appoint one, he will supply his place ad interim by a president.
LXXIII. The general assembly of the council of state shall be composed of all the members enumerated in article 60. The King shall preside, or his lieutenant, and in their absence, the first member of the council, in the order established by articles 63 and 66.
Its offices are:
First, To discuss and revise all proposed laws and regulations for the general administration of the country.
Second, To take cognizance of all administrative functionaries registered by the King as being accused of collusion in office, excepting such only as are cognizable by the High National Court.
Third, To decide in cases of contested jurisdiction.
Fourth, To examine annually the accounts of every principal member of the administration.
Fifth, To watch over all abuses, and every thing tending to encroach upon the Constitutional Charter, and to make a general report of them to the King, who shall determine what objects are of a nature to be referred by his order to the Senate or to the Diet.
LXXIV. The general assembly of the council of State shall deliberate, by order of the King, or of the lieutenant, or at the request of a head of a department, if made conformably to established law.
LXXV. The decrees of the general of the council of State are subject to the approbation of the King or of his lieutenant. Those relating to the trial of public officers, and to contested jurisdiction, are immediately to be carried into effect.
CHAPTER IV. Of the Branches of the Administration.Edit
LXXVI. The execution of the laws shall be confided to the different branches of the public administration as follows:—to wit:
- The commission for religious affairs and public instruction.
- The commission of justice, chosen from amongst the members of the supreme tribunal.
- The commission of the interior and of the police.
- The commission of war.
- The commission of finances and of the treasury.
These different commissions shall each be presided over and directed by a minister appointed for that purpose.
LXXVII. A minister of State shall be appointed, who shall constantly reside about the person of the King.
LXXVIII. There shall be a court of accounts charged with the final examination of accounts, and empowered to discharge those who present them. This court shall be responsible to the King alone.
LXXIX. The construction and the powers of the commission for public instruction, as well as of the judicial order, shall be regulated by a specific act.
LXXX. The commission of the interior, the commissioners of war, and of finances, shall be composed of one minister and of counsellors of State, who are directors general, in pursuance of the specific statutes on the subject.
LXXXI. The secretary of State is to present to the King the documents which are delivered to him by the lieutenant, and to return to the lieutenant the King’s orders. Such foreign affairs as may concern the kingdom of Poland are to be communicated to the secretary.
LXXXII. The heads of departments, and the members of government commissions, are answerable to the high national court for every infraction of the Constitutional Charter, and the royal decrees, of which they may have been guilty.
==== CHAPTER V. Of the Administration of the Palatinates. ====
LXXXIII. There shall be in each palatinate a palatinal commission, composed of a president, and of commissioners charged with carrying into execution the orders of the government commissions, in conformity with a separate regulation.
LXXXIV. There shall be municipal authorities in the towns. A bailiff in every district shall be charged with the execution of the government orders, and shall form the last link in the administrative department.
=== TITLE IV. OF THE NATIONAL REPRESENTATION. ===
LXXXV. The national representation shall be constituted as ordained in Article fifty-one.
LXXXVI. The legislative power resides in the person of the King, and in the two chambers of the diet, conformably with the regulations in article thirty-one.
LXXXVII. The diet in ordinary, shall meet once in every two years at Warsaw, at the time prescribed by the King in his act of convocation. The session shall last for thirty days. The King alone has power to prorogue, adjourn, or dissolve it.
LXXXVIII. The King has the power of convoking a diet extraordinary, when he may think proper.
LXXXIX. No member of the diet can be arrested, or tried for a criminal offence, while the diet is sitting unless with the consent of the chamber to which he belongs.
XC. The diet shall take into consideration all proposed civil, criminal, or administrative laws, referred to it by the King, through the council of State. It shall deliberate on all proposed modifications or alterations of the duties of public offices and constitutional powers, such as those of the diet, the council of State, the judicial order, and the government commissions; such change or modification being referred to its consideration by the royal authority.
XCI. The diet shall deliberate upon the increase or diminution of imposts, contributions, taxes, and political expences of all kinds, on the alterations which they may require, on the best and most equitable method of distribution, on the formation of the budget or receipts and expenditure, on the regulation of the coinage, and on the levy of recruits; the materials for such deliberation being furnished by the government. It shall deliberate also upon all other subjects which may be referred to it by the Sovereign.
XCII. The diet shall also deliberate upon the communications which are made to it by the King, in consequence of the general report required from the council of State by article seventy-three. Lastly the diet, after having enacted its decrees on all these subjects, receives contributions, requests, representations, or complaints presented to it by the nuncios and deputies of the commons, for the benefit and advantage of their constituents. The diet will present them to the council of State, by which they will be submitted to the Sovereign. If they are again referred to the diet by the King, through the agency of his council of State, the diet is to deliberate upon the laws which may be proposed in consequence of these petitions.
XCIII. In case the diet should not decree a new budget, the old one remains in force until the next session. The budget is, nevertheless, obsolete at the end of four years, if the diet be not convoked in the mean time.
XCIV. The diet is not to deliberate upon any other business than what is specified in the act of its convocation.
XCV. The two chambers shall deliberate in an open house. They are at liberty, nevertheless, to resolve themselves into a close committee, at the request of a tenth part of the members present.
XCVI. The proposed laws which have been drawn up by the council of State, are to be carried to the diet by the members of the said council under the King’s orders.
XCVII. It is at the King’s option to have these drafts referred to the senate, or the chamber of nuncios. Be it excepted, nevertheless, that the drafts of financial laws must be first referred to the chamber of nuncios.
XCVIII. For the discussion of these drafts, each chamber appoints three commissions of examination, which are composed in the senate of three members, and in the chamber of nuncios of five, to wit:
- Commission of finances.
- Commission of civil and criminal legislation.
- Commission of administrative and executive legislation.
- Each chamber shall acquaint the council of State with the choice it has made.
- The commissions shall be in communication with the council of State.
XCIX. The drafts presented, by order of the King can only be modified, by the council of State, upon the representations of the respective commissions of the diet.
C. The members of the State council, in the two chambers, and the commissioners in their respective chambers, are alone allowed to read their speeches. The other members are to speak without notes.
CI. The members of the State council have a right to sit and to speak in the two chambers whenever they are deliberating upon a government proposal. They have not a right to vote, unless they are senators, nuncios, or deputies.
CII, The reception of a law shall be determined by the majority of votes. These votes shall be given audibly. A law thus sanctioned by a majority in one chamber, is to be carried to the other, which will deliberate and decide in like manner. When the votes are equally divided, the law is to be received.
CIII. A law received by one chamber cannot be modified by the other. It must be received or rejected in toto.
CIV. A law received by the two chambers is to be submitted to the royal approbation.
CV. If the king give his assent, the law is established. The king gives orders for its promulgation in the prescribed forms. If the king refuses his assent the law is null.
CVI. The general report of the state of the country, which is drawn up by the State council and forwarded by them to the senate, shall be read in the two chambers united.
CVII. Each chamber, by its respective commissions, shall deliberate upon this report, and send up an address to the King on the subject. This address may be printed.
CHAPTER II. The Senate.Edit
CVIII. The senate is composed
- Of the princes of the royal and imperial blood.
- Of the bishops,
- The palatines, and
- The castellans.
CIX. The number of senators shall not exceed one half of the number of the nuncios and deputies.
CX. The King appoints the senators. There office is for life. The senate, by the intervention of the lieutenant, presents to the King two candidates for every vacant situation of senator, palatine, castellan.
CXI. In order to be a candidate for the office of senator, palatine, or castellan, the individual must have completed his thirty-fifth year, he must pay an annual contribution of two thousands florins (of Polish money), and he must be, in all respects, such as the laws on this subject require.
CXII. The princes of the blood, after the age of eighteen, may take their seat, and vote in the senate.
CXIII. The first member of the senate, according to the order prescribed in a special decree, shall be president.
CXIV. Besides its legislative power, the senate has other functions, which are to be separately defined.
CXV. The senate can only meet for the discharge of its legislative duties, on the requisition of the King, and during the diet. The president has the power of convoking it for other purposes.
CXVI. The senate is to decide upon the propriety of putting upon their trial such senators, heads of departments, counsellors of State, and masters of requests, as have been specified by the King, or his lieutenant, or accused by the chamber of nuncios, of mal-administration in office.
CXVII. The senate is to give definitive judgment upon the validity of the dietines, and of the assemblies of the communes, and of the elections; also, on the formation of civil lists, both in the dietines and in the communal assemblies.
CHAPTER III. The Chamber of Nuncios.Edit
CXVIII. The chamber of nuncios consists:
First:—Of seventy-seven nuncios appointed by the dietines, or assemblies of the nobles, in the proportion of one nuncio to a district.
Second:—Of fifty-one deputies of the communes.
The King nominates a marshal from amongst the members, who acts as president of the chamber.
CXIX. The whole kingdom is divided, for the purposes of national representation and election, into seventy-seven districts. It shall also be divided into fifty-one communes; eight in the town of Warsaw, and forty-three in the rest of the country.
CXX. The members of the chamber of nuncios shall remain in office for six years. One-third to be renewed every two years; in consequence of which, and for the first time only, one-third of the chamber of nuncios shall remain in office only two years, and another third during four years. These members shall be chosen by lot. The members are capable of being indefinitely reelected.
CXXI. In order to be elected a member of the chamber of nuncios, the individual must have completed his thirtieth year, he must enjoy the rights of a citizen, and pay an annual contribution of one hundred Polish florins.
CXXII. No public officer, civil or military, can be elected into the chamber of nuncios, unless he has previously obtained the consent of the authorities on which he depends.
CXXIII. If any nuncio or deputy, who had not previously exercised any employment in the pay of government, accepts such employment after his election, a new dietine, or communal assembly, shall be holden to proceed to a fresh election of such nuncio or deputy.
CXXIV. The King has the power of dissolving the chamber of nuncios. When he exercises this right the chamber shall separate, and the King, in the course of two months, will issue writs for a new election of nuncios and deputies.
==== CHAPTER IV. The Dietines. ====
CXXV. The nobles, who are landed proprietors, in each district shall form a dietine, and elect a nuncio, and two members of the palatinate council; they shall also draw up a list of candidates for offices in the administration.
CXXVI. The dietines shall meet only on the convocation of the King, who shall also appoint the day, the duration, and the subject of their deliberations.
CXXVII. No noble can be admitted to vote in a dietine, unless his name has been enrolled in the civil list of the nobles of the district; unless he be in the enjoyment of the rights of a citizen; unless he have completed his twenty-first year; and unless he be a landed propritor.
CXXVIII. The list of nobles of each district is drawn up by the council of palatinate, and approved by the senate.
CXXIX. The president of the dietine, is a marshal, appointed by the King.
==== CHAPTER V. The Communal Assemblies. ====
CXXX. In each commune there shall be a communal assembly which shall send a deputy to the diet, and a member to the palatinate council, and shall furnish a list of candidates for offices of administration.
CXXXI. The communal assemblies shall consist,
First:—Of every landed proprietor who is a citizen and not noble, paying any amount of contribution upon his estate.
Second:—Of every manufacturer,, or shopkeeper, possessing a shop or warehouse, worth 10,000 Polish florins.
Third:—Of all rectors and vicars.
Fourth:—Of professors and tutors, and other persons engaged in public instruction.
Fifth:—Of artists, distinguished by their talents and acquirements, or by the services they may have rendered to the arts or to trade.
CXXXII. No person can be admitted to vote in the communal assemblies, unless he be registered in the civil communal list; unless he enjoy the rights of a citizen; and unless he have completed his twenty-first year.
CXXXIII. The list of landed proprietors who are entitled to vote, shall be drawn up by the council of the palatinate. That of the manufacturers, shop-keepers, and citizens, distinguished by their talents and by the service they have rendered, by the commission of the interior; and that of rectors, vicars, and instructors, by the commission for religious affairs and for instruction..
CXXXIV. The president of the communal assemblies, shall be a marshal appointed by the King.
CHAPTER VI. The Palatinate Council.Edit
CXXXV. In every palatinate there shall be a palatinate council, composed of officers nominated by the dietines and communal assemblies.
CXXXVI. The president of the palatinate council shall be the oldest of the counsellors.
CXXXVII. The principal duties of the palatinate council are as follows:
First:—To appoint judges for the first hearing, and the first appeal.
Second:—To concur in forming the list and in selecting the candidates for the officers of administration.
Third:—To watch over the concerns of the palatinate.
=== TITLE V. THE JUDICIAL ORDER. ===
CXXXVIII. The judicial order is constitutionally independent.
CXXXIX. By the independence of the judge, is to be understood the liberty that he has of giving his opinion with all freedom, without being influenced by the supreme authority, by the ministerial authority, or by any other consideration whatsoever. Every other definition or interpretation of the independence of a judge is declared to be an abuse.
CXL. The tribunals are composed of judges appointed by the King, and of judges chosen conformably to the administrative statute.
CXLI. The judges nominated by the King are for life, and cannot be removed. The judges who hold their seats by election are also incapable of being removed during the term for which they were elected.
CXLII. No judge can be degraded from his office but by the sentence of a competent judiciary court in case of ascertained collusion, or other misdemeanor.
CXLIII. The superintendence of the magistrates when named and chosen, and the redress of grievances inflicted by them in the severity of public service, belongs to the supreme tribunal.
CXLIV. There shall be judges of the peace for all classes of inhabitants, and their office shall be that on conciliation.
CXLV. No affair can be carried before a civil tribunal for the first hearing, until it has been laid before the competent judge of the peace; such only excepted as are forbidden by law to be arranged by conciliation.
The Tribunal for the first hearing.Edit
CXLVI. There shall be civil tribunals, and tribunals of the police, in every commune and in every town, to take cognizance of transactions not exceeding five hundred florins.
CXLVII. In every palatinate, there shall be several tribunals for the first hearing of causes, and tribunals of assize to take cognizance of transactions in which more than five hundred florins are concerned.
CXLVIII. There shall be also tribunals of trade.
CXLIX. For criminal causes, and affairs of correctional police, there shall be several criminal tribunals in each palatinate.
Courts of Appeal.Edit
CL. There shall be at least two courts of appeal in the kingdom of Poland. They shall sit in judgment upon causes whether civil, criminal, or commercial, upon which sentence has been already passed by the first courts.
==== Supreme Tribunal. ====
CLI. There shall be at Warsaw a supreme tribunal for the whole kingdom, which shall finally determine all civil and criminal causes, State crimes excepted. It shall be composed partly of senators who shall take their seats there in rotation, and partly of judges, nominated by the king, who hold their seats during their lives.
The High National Court.Edit
CLII. A high national court shall take cognizance of crimes against the State, and of offences committed by the great officers of the kingdom after the senate has decreed the trial by Art. 116. The high court is composed of all the members of the senate.
=== TITLE VI. THE ARMED FORCE. ===
CLIII. The armed force shall consist of the existing army on full pay, and of militia in readiness to reinforce that army when wanted.
CLIV. The armed force to be maintained by the country, is to be determined by the sovereign, with due consideration of the necessity of the case, and in proportion to the revenues established by the budget.
CLV. The quartering of the troops shall be regulated by the convenience of the inhabitants, conformably with the military system and the plans of the administration.
CLVI. The army shall preserve the colours of its uniform, its particular costume, and all badges of its nationality.
=== TITLE VII. GENERAL REGULATIONS. ===
CLVII. The revenues and possessions of the Crown shall consist,
First:—Of the domains of the crown which shall be separately administered for the King’s benefit by a chamber or by officers of his private appointment.
Second, Of the royal palace of Warsaw and of that of Saxony.
CLVIII. The national debt is guaranteed.
CLIX. The punishment of confiscation is abolished, and shall not be revived in any instance.
CLX. The civil and military orders of Poland, to wit, that of the White Eagle—that of the St. Stanislaus—and that of the Military Cross shall be continued.
CLXI. This present Constitutional Charter shall be developed by more particular laws. Those laws which are not enacted immediately after the publication of the Charter shall be discussed in the council of State.
CLXII. The first budget of revenues and expenses shall be drawn up by the King with the advice of the council of State; and this budget shall remain in force until modified or changed by the Sovereign and the two chambers.
CLXIII. Every thing not determined by an administrative statute or code, and not included in the offices and powers of the diet shall be decided by the King’s decree, or by a government order. The statutes and codes can only be modified or changed by the Sovereign and the two chambers of the diet.
CLXIV. The laws, decrees, and ordinances of the King shall be printed in the book of the laws. The manner of their publication shall be determined by the King’s decree.
CLXV. All anterior laws and institutions which may be Contrary to the present charter are hereby abrogated.
Believing in our conscience, that the present Constitutional Charter will answer our paternal purpose, which is to maintain amongst all classes of our kingdom of Poland, peace, union, and concord, which are so necessary to their well-being, and to secure the felicity which it is our desire to procure for them; we have given and do hereby give this Constitutional Charter which we adopt for ourselves and our successors, enjoining all public authorities to concur in its observance.
Given at our royal palace at Warsaw, the 15⁄27 November, 1815.