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The Constitution of 1755
The General Diet of the people of Corsica, legitimately main of itself, convened by the General according to methods' established in the city of Corti these days of November 16,17,18, 1755.
Having reconquered its freedom, wanting to give to its government a durable and permanent form, by transforming it into a constitution suitable to ensure the happiness of the nation.
The Diet issued, and issues, the establishment of a State Council on which it conferred, and confers, supreme
authority as well in the political field as military and economic, wishing made up
a general which will be its direct head, and of 36 president of the first class, and
108 advisers of the second class. Two thirds of them will be of Terra di Comune, and the provinces of Balagna, Nebbiu and Capu-Corsu including the cities of Bastia and Calvi, and third
other will be provinces of beyond-of-Mounts. They will be divided into three rooms forming three
magistrats; each one will have twelve presidents and
36 advisers and will be charged of an essential parts of the government. Thus that which will be in charge of the political businesses will
named 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 does not less expenditure than
inconvenient with 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 significant businesses on the government and to represent the
State Council in its plenitude.
The remainder of time the Council will be represented with same competence and energy by the General, as head, 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
state.
The petitions which will be made with this Council will be addressed to the General who, according to
importance and appartenance 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 to 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 will vote the presidents, one after
one, 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 consulting will remain in their functions 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 place which seems most convenient to the General, In this place any magistrate and civils servant of the nation will be held to give an 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
judgment of the people. The other magistrates and civils servant will be subjected to the
syndicate of four members elected with the Diet accompanied by the General.
Court and judges of the pieves
The abundance of the businesses State and the contingencies of the war which must constantly occupy the Council so
brings a fast remedy for any thing requiring it do not allow him to wait and to treat the civil actions. To this end a court will be elected, composed of three judges legists and
of an eligible chancellor by the Council in front of whom will be carried all the causes exceeding the sum of fifty books. Its sentences will be without call
less than hundred books inclusively, and those which exceed this sum will be appealable in second authority, and last authority to the
State Council.
The causes which will not exceed fifty books will be decided by eligible judges rightly
to one by pieve; their judgment 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
State Council. 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,
by the following tariff:
- Of 15 pounds until 25 pounds inclusively, 12 pennies.
- Of 25 pounds exclusively and until 50 inclusively, 1 pounds and 4 pennies.
- Of 50 pounds exclusively and until 100 pounds inclusively, 2 pounds, 10 pennies.
- Of 100 pounds exclusively until which sum, 5 pounds.
Police chiefs of the pieves and captains and lieutenants of weapons of each pieves
The parity necessary to ensure the respect of the commands as well as the discipline that our armies will have to observe in the steps or
others military forwarding make essential the nomination of one police chief by pieve, and
one captain and lieutenant d.armes for each parish.
Just as best and the patriotic ones of the pieves will have to be police chiefs, and their election will belong to the General and to the
State Council, in the same way the captains and lieutenant d.armes will have among to be respected parish and their election will depend on
the arbitrage of the community, and will be valid when it receives the confirmation of the General and the
State Council. To the police chief will be addressed the circulars and other commands 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 head 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 necessary the
man number armed by the General and the State Council it can act in consequence and with such an exactitude that nobody
is importuned. 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, being given
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 commands and the provisions of that which will control the functioning as a head, with which it will show the report concerning the required men, so
it is possible to continue the absent ones with the sorrows suitable and imposed by the General. He will fix, in the places where he will have to go, a locality where they will have to join him, under sorrow
an amends of 20 pennies for each absent
it 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
of their police chief at such a distance it will not be more with range to carry out its commands. Instruction particular will be given to the captains
of armes, and in their absence, with the lieutenants,
to execute the functioning orders and others which will be given by the government, whose specimen will be sent to the Police chief. If brawls or
others evils will occur, they will have to run immediately with the force armed to stop the instigators and the culprits, and to make
inventories their pieces of furniture and their goods by notaries acts. It will inform police chief promptly of all, so that this one, having put the government at the current, can return without delay to carry out what will be prescribed to him, under sorrow, for
one like the other, to be private and to pay into clean equivalent sum which would be wasted because of their negligence, and
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 armes will have to be changed each year.
Podestats, fathers of the commun run and estimators
The election of podestats and the fathers of the commune 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 its report/ratio that by that transmitted by the captain d.armes by
intermediaries of the police chief, the government can take care more exactly of the good command so that the laws are respected.
Criminal laws
That which will make voluntary manslaughters, or will wound seriously with
any which weapon, will be guilty to have given death, and as such, if he falls to the hands from justice, will have passed by the weapons like enemy of the company. He will not enjoy his goods, and consequently will not be able to lay out any more
thing which belonged. Its property will be destroyed as far as possible. All its movable goods pass to the capacity tax department which,
if he the judge by the way and suitable 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 which particular action will try to kill its enemy with the former continuation
offenses after the establishment of the peace, not only will be declared guilty
of homicide voluntary, 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 it 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 arquebuse or with any which weapon, will be condemned, if he compared, from three to six months of prison, with 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 he 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
arquebuse with an aim of killing, but without making of evil, or with
of 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 he is contumacious its family will be imprisoned, and in the absence of its family her next of kin,
to what 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 is is contumacious, its family will be imprisoned, or if is not family, her next of kin
until than, to him it guilty found. That also which in a brawl will strike
some one with a stone or stick, or only will carry reached with any which weapon, will be condemned from 15 to 20 pennies per day for the guard, with the discretion of the Council and
if he 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 does not stolen, but
have it like belonging to him into clean, and in good faith, and would take it by force under pretext
he was his, even if this object really belonged to him, he is private of any justification
he could, and moreover he either have condemned to pay from 25 to 50 pounds, or not being able to pay,
he or condemned to three months of prison. But if the force had been exerted against somebody, to take some movable object under pretext
he was his, and well have no justification, in addition to the restitution of the thing taken to the owner, with the
damages that this one would have undergone he 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
intrus being able to have any justification or pretexts, he is condemned to the sorrows prescribed in the criminal statutes.
if, then, the force be employ so that some one, of its clean authority and without mandate legitimate of judge, enter of force in possession of
any which good real that others have in all good faith, even be prove that the force be legitimate,
intrus must be constrained to not enter in possession of known as good, and with restitution of fruit
he have take, and of more it must be condemn of 100 with 200 pound, and of three with five month of prison, taking into account the condition of person and of quality of property occupy by force.
about all the offence of which, by concern of brevity, one not fact mention in the present decree,
respect the statute civil of our kingdom, taking into account also if somebody remove some
young girl, the transport against its clean will or that of its parent of
one place with another in the goal of violate, he incur the sorrow of death, and that which
take with some woman on Al way public under pretext of maried, he still the sorrow of prison during a year, and of more the payment of 20 penny by day during this year for the guard, and
himself present during three years.
Provisions for the provinces of Balagna and Nebbiu
To compensate the populations for the disadvantages he would have to undergo, considering
eloigned, in their recourse to the Supreme State Council, each one of these provinces will be controlled by a
magistrate provincial depending on the Supreme Council, and which will have to be made up
one president, renewable each month, and four advisers who will have to exert during fifteen days and then will be changed, and
one chancellor which will have to be approved by the Supreme Council know-indicated. These magistrates must have the faculty not only translated into justice, therefore to condemn, and carry out their sentences in the minor criminal businesses for which one cannot impose the death penalty or
exile kingdom, with obligation, however, to advise each month the Supreme
State Council of these causes. But for the crimes involving the capital punishment or
exile, one needs it can only inform until the sentence, without , and he is held to communicate it to the Supreme Council with their deliberative opinion, and
wait the sentence and 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
until 400 pounds. If the affaire were only 25 pounds, it is without call. In the businesses from 25 to 30 pounds,
it has the remedy there to resort to aforesaid and respective magistrates, and from 50 to 400 pounds,
it is allowed to call upon the civil court. One must pay fee with the aforesaid judge according to the tariff mentioned above, which owe
add for the benefits due to the chancellor: divides the whole per half. The aforesaid judge will have to reside in the same place as the
magistrate.
Gangsters
The culprit of homicides or other offence make before the 15 of July last, be
graces if the peace have be obtain some part offend, provided that be produce in front of the General and the Supreme Council
instrument of peace by notaries act, or join with certificate of priest, podestats and father of
common run of place respective, with condition, however, that each gangster aforesaid have
in first pay 25 pound, intend for room [ of justice ], and 25 pound for the act of 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
it will estimate to be appropriate best provided it does not become exemplary.
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