Research Subjects: Government & Politics


Declaration of the Tribunate

Re-election by the Senate

Message from the First Consul

Order of the Consuls

Senatus-Consultum

Cantonal Assemblies

Electoral Colleges

Consuls

Senate

Councillors of State

Legislative Body

Tribunate

Justice

Right of Pardon


Documents upon the Consulate for Life

The first four of these documents show how the ten years' consulate was transformed into a life consulate. The enumeration of reasons in document B also shows something of the popular estimate put upon Napoleon's achievements. Document E was in fact a new constitution, being often called the Constitution of the Year X. It should be compared with the Constitution of the Year VIII. The precise changes effected in all the more important institutions and methods for carrying on the government should be carefully noted.

 

A. Declaration of the Tribunate May 6, 1802 (16 Floréal, Year X)

Moniteur, May 7, 1802 (17 Floréal, Year X).

The Tribunate expresses the wish that there should be given to General Bonaparte, First Consul of the Republic, a striking token of national recognition.

The Tribunate orders that this wish shall be addressed by a messenger of state to the Conservative Senate, the Legislative Body and the government.

 

B. Re-election by the Senate. May 8, 1802 (18 FIoréa1, Year X.)

Moniteur, May 11, 1802 (21 Floréal, Year X).

The Senate, assembled in the number of members prescribed by article 90 of the constitutional act;

In view of the message of the consuls of the Republic transmitted by three orators of the government, and relative to the peace of France with England;

After having heard its special commission, charged by its order of the 16th of this month to present to it views upon the testimonial of national recognition which the Senate has in mind to give to the First Consul of the Republic;

Considering that, under the circumstances in which the Republic finds itself, it is the duty of the Conservative Senate to employ all the means which the constitution has put in its power in order to give to the government the stability which alone multiplies resources, inspires confidence abroad establishes credit within, reassures allies, discourages secret enemies, turns away the scourge of war, permits the enjoyment of the fruits of peace, and leaves to wisdom time to carry out whatever it can conceive for the welfare of a free people;

Considering, moreover, that the supreme magistrate who, after having so many times led the republican legions to victory, delivered Italy, triumphed in Europe, in Africa, in Asia, and filled the world with his renown, has preserved France from the horrors of anarchy which were menacing it, broken the revolutionary sickle, dispersed the factions, extinguished civil discords and religious disturbances, added to the benefits of liberty those of order and of security, hastened the progress of enlightenment, consoled humanity, and pacified the continent and the seas, has the greatest right to the recognition of his fellow citizens as well as the admiration of posterity;

That the wish of the Tribunate, which has come to the Senate in the sitting of this day, under these circumstances, can be regarded as that of the French nation;

That the Senate cannot express more solemnly to the First Consul the recognition of the nation than in giving him a striking proof of the confidence which he has inspired in the French people;

Considering, finally, that the second and the third consuls have worthily seconded the glorious labors of the First Consul of the Republic;

In consequence of all these motives, and the votes having been collected by secret ballot;

The Senate decrees as follows:

  1. The Conservative Senate, in the name of the French people, testifies to its recognition of the consuls of the Republic.
  2. The Conservative Senate re-elects Citizen Napoleon Bonaparte, First Consul of tine French Republic for the ten years Which shall immediately follow the ten for which he has been appointed by article 39 of the constitution.
  3. The present senatus-consultum shall be transmitted by a message to the Legislative Body, the Tribunate, and the Consuls of the Republic.

 

C. Message of the First Consul to the Senate. May 9, 1802 (19 Floréal, Year X).

Moniteur, May 11, 1802 (21 Floréal, Year X).

Senators:

The honorable proof of esteem contained in your resolution of the 18th will ever be graven upon my heart.

The suffrage of the people has invested me with the supreme magistracy. I should not think myself assured of their confidence, if the act which retained me there was not again sanctioned by their suffrage.

In the three years which have just passed away fortune has smiled upon the Republic; but fortune is inconstant, and how many men whom it had crowned with its favors have lived on some years too many.

The interest of my glory and that of my happiness would seem to have marked the termination of my public life at the moment in which the peace of the world is proclaimed.

But the glory and happiness of the citizen must be silent, when the interest of the state and the public well-being summon him.

You deem that I owe to the people a new sacrifice: I will make it, if the wish of the people commands what your suffrage authorises.

[Signed] BONAPARTE.

 

D. Order of the Consuls. May 10, 1802 (20 Floréal, Year X).

Moniteur, May II, 1802 (21 Floréal, Year X).

The consuls of the Republic, upon the reports of the ministers, the Council of State having been heard;

In view of the act of the Conservative Senate of the 18th of this month;

The message of the First Consul to the Conservative Senate, by Date of yesterday, the 19th;

Considering that the resolution of the First Consul is a striking homage rendered to the sovereignty of the people; that the people, consulted upon their dearest interests, ought not to know any other limits than their own interests, orders as follows:

  1. The French people shall be consulted upon this question:
    Shall Napoleon Bonaparte be Consul for life?
  2. There shall be opened in each commune registers, in which the citizens shall be invited to express their wish upon that question.

 

E. Message, July 29, 1802, of the Consuls of the Republic to the Conservative Senate.

Senators, - On the sixth of May last, the tribunate expressed a wish that a striking pledge of national gratitude might be given to the first consul. That wish was applauded by the legislative body, and repeated by a spontaneous movement of the citizens.

The senate raised it thoughts still higher; and in the accomplishment of that wish, it hoped to find the sure means of giving to the government that stability which alone can multiply the resources of the nation, establish confidence without, and credit within, inspirit allies, discourage enemies, extinguish the flames of war, permit the enjoyment of the fruits of peace, and leave to future wisdom the task of executing every thing that can be conceived as contributing to the happiness of a free people.

The first consul was of opinion that the circumstances of his first nomination prevented him from accepting the proposed reelection, unless it should be specifically conferred by the French people, thereby giving a proof of their attachment to, and permanent confidence in, the magistrate who had been the object of their first choice.

In this manner we have thought it our duty to carry into execution the ideas of the senate.

The French people have given their answer; the government has received from almost all the departments, the acts which contain the expression of the will of the people. It is to the senate we have thought, in this new case, that it belongs to collect and promulgate the wishes of the people. We have therefore ordered the minister of the interior to place at the disposal of the senate, the registers in which those votes are contained.

We invite the senate to take those measures which shall seem to its wisdom the most proper, for the purpose of stating the result.

The second consul,
Cambacerès.

By the second consul,
The secretary of state,
H. B. Maret.

 

F. The audience of the corps diplomatique was interrupted on the 3d August by the introduction of the conservative senate. - Citizen Barthelemy, the president, spoke as follows:

Citizen first consul, - The French, grateful for the immense services you have rendered to them, wish that the first magistracy of the state should be irrevocably placed in your hands. In thus conferring it upon you for life, they only express the opinion of the senate, as stated in its senatus consultum of the 8th of May. The nation, by this solemn act of gratitude, confides to you the task of consolidating our institutions.

A new career commences for the first consul, - after prodigies of valour and military talents, he has terminated the war, and obtained every where the most honourable conditions of peace. The French people under his auspices have assumed the attitude and character of true greatness. He is the pacificator of nations, and the restorer of France. His name alone is a tower of strength.

Already an administration of less than three years has almost made us forget that epoch of anarchy and calamities which seemed to have dried up the sources of public prosperity.

But evils yet remain to be healed, and inquietudes to be dissipated. The French people, after having astonished the world by warlike exploits, expect of you, citizen first consul, all the benefits of that peace which you have procured for them.

If the seeds of discord still exist, the proclamation of the perpetual consulate of Bonaparté will dissipate them. Every one will now rally round him. His powerful genius will support and preserve all. He exists only for the prosperity and happiness of the French people. His constant efforts will be directed to increase the national glory and national greatness. What nation, in fact, better deserves happiness, and of what people more enlightened, or more sensible, can he desire the esteem and attachment?

The conservative senate will associate itself with all the generous maxims of government. It will second, by all the means in its power, every amelioration which shall have for its end the preservation of those evils by which we have been so long afflicted, and the extension and consolidation of those benefits which you have conferred upon us. It is its duty also to contribute to the accomplishment of the wishes of the people, which have been manifested in a manner so honourable to their zeal and their discernment.

The senatus consultum which the senate in a body now present to you, citizen first consul, contains the expression of its own gratitude. The organ of the sovereign will, it was of opinion, could not better fulfil the intentions of the French people, than by calling in the aid of the arts to perpetuate the remembrance of this memorable event.

After this address, citizen Barthelemy, the president, read the act, of which the following is the tenor:

Senatus Consultum. - Extract from the Registers of the Conservative Senate of the 2d of August 1802.

The conservative senate, consisting of the number of members prescribed by the 90th article of the constitution; deliberating upon the message of the consuls of the republic, of the 29th ult,; after having heard the report of the special committee, charged with the verification of the registers of the votes given by the French people; seeing the proces-verbal prepared by the special committee, and which states, that 3,577,259 citizens have given their suffrages, and that 3,568,885 citizens have voted, that Napoleon Buonaparté should be appointed consul for life; considering that the senate, established by the constitution as the organ of the people, in every thing in which the social compact is interested, ought to manifest in a splendid manner the national gratitude towards the conquering and pacificating hero, and to proclaim solemnly that it is the will of the French people to give to the government every necessary stability and independence, in order to insure the prosperity and glory of the republic, decrees as follows:

  1. The French people do appoint, and the senate do proclaim, Napoleon Bonaparté first consul for life.
  2. A statue of peace, holding in one hand the laurel of victory, and in the other the decree of the senate, shall attest to posterity the gratitude of the nation.
  3. The senate shall convey to the first consul the expression of the confidence, the love, and the admiration of the French people.

[Signed]

Barthelemy, president.

Vaubois and Fargues, secretaries.

By the conservative senate,
The secretary general,

[Signed]

Cauchy.

 

G. The first consul replied as follows:

Senators, - The life of a citizen belongs to his country. The people of France wish that the whole of mine should be consecrated to their service, and I obey. In giving me this new, this permanent pledge of their confidence, they have imposed upon me the duty of maintaining the system of laws and institutions of the republic. By my efforts, by your co-operation, citizen senators, and that of the constituted authorities, and by the confidence and will of this immense people, the liberty, equality, and prosperity of the people of France will be secured from all the accidents which arise from the uncertainty of futurity. The best people shall, as they deserve, be the most happy, and their happiness shall contribute to that of all Europe.

Content with having been called, by the order of him from whom every thing emanates, to bring back upon the earth justice, order, and equality, I shall hear my last hour sound without regret, and without any uneasiness about the opinion of future generations.

Senators, receive my thanks for this solemn proceeding. The desire of the senate has expressed the wish of the people of France, and is thereby more strongly connected with whatever remains to be done for the happiness of the people. It is very gratifying to me, to be assured of this by the speech of so distinguished a president.

The members of the senate then retired.

 

H. Circular Letter of the Minister of the Interior to the Prefects of the different Departments, dated Paris, 4th August.

I send you, citizen prefect, the senatus consultum, which proclaims the will of the French people. You will cause it to be proclaimed throughout the whole of your department on the 15th of August. That day shall hereafter be consecrated by the recollection of great events. It will recall to our posterity the recollection of the memorable epocha, of public happiness, when the consciences of the people were set at peace, and when the people of France exercised the greatest act of sovereignty ever exercised by any nation.

The 15th of August is at once the anniversary of the birth-day of the chief consul, of the signature of the concordat, and the day on which the people of France, wishing to secure and perpetuate their happiness, have connected it duration with that of the glorious career of Napoleon Buonaparté.

What pleasing recollections to excite the enthusiasm of the French people! What a concurrence of great events to awaken in every heart those generous sentiments which characterize the French nation!

Let this great day be celebrated by acts of benevolence. I invite you, citizen prefect, to consecrate the whole of it to happiness, by uniting in marriage those individuals who are most eminent for their virtue.

[Signed]
Chaptal.

 

E, F, G and H. The Annual Register, or, A View of the History, Politics, and Literature for the Year 1802. London: Printed by R. Wilks for W. Otridge and Sons, etal. (Publisher varies by year.) Published for the years 1758-1837 in 80 vols.; illus., maps; 21-23 cm. Alternate titles for some years include: Annual Register, or, A View of the History and Politics of the Year... and New Annual Register, or General Repository of History, Politics, and Literature, for the Year... Succeeded by: Annual Register of World Events.

 

I. Senatus-Consultum. August 4, 1802 (16 Thermidor, Year X).

Title I.

  1. Each justice of the peace jurisdiction has a cantonal assembly.
  2. Each communal district or sub-prefecture district has a district electoral college.
  3. Each department has a department electoral college.

Title II. Of the Cantonal Assemblies.

  1. The cantonal assembly consists of all the citizens domiciled in the canton and who are enrolled there upon the district communal list.
    Counting from the date at which, by the terms of the constitution, the communal lists must be renewed, the cantonal assembly shall be composed of all the citizens domiciled in the canton and who there enjoy the rights of citizenship.
  2. The First Consul appoints the president of the cantonal assembly.
    His functions continue for five years: he can be re-appointed indefinitely.
    He is assisted by four tellers, two of whom are the eldest and the other two the most highly taxed of the citizens having the right to vote in the assembly of the canton.
    The president and the four tellers appoint the secretary.
  3. The cantonal assembly divides itself into sections in order to perform the operations which belong to it.
    At the first meeting of each assembly its organization and forms shall be determined by a regulation issued by the government.
  4. The president of the cantonal assembly appoints the presidents of the sections.
    Their functions terminate with each sectional assembly.
    They are each assisted by two tellers, one of whom is the eldest, and the other the most highly taxed of the citizens having the right to vote in the section.
  5. The cantonal assembly selects two citizens from whom the First Consul chooses the justice of the peace of the canton.
    It likewise selects two citizens for each vacant place of substitute justice of the peace.
  6. The justices of the peace and their substitutes are appointed for ten years.
  7. In cities of five thousand souls, the cantonal assembly presents two citizens for each of the places in the municipal council. In cities in which there are several justices of the peace or several cantonal assemblies, each assembly shall likewise present two citizens for each place in the municipal council.
  8. The members of the municipal councils are taken by each cantonal assembly from the list of the one hundred largest tax-payers of the canton. This list shall be drawn up and printed by order of the prefect.
  9. The municipal councils are renewed by half every ten years.
  10. The First Consul chooses the mayors and deputies within the municipal councils; they are in office for five years: they can be re-appointed.
  11. The cantonal assembly appoints to the district electoral college the number of members assigned to it in accordance with the number of citizens of which it is composed.
  12. It appoints to the department electoral college, out of a list to be spoken of hereafter, the number of members allowed to it.
  13. The members of the electoral colleges must be domiciled in their respective districts and departments.
  14. The government convokes the cantonal assemblies, and determines the time of their duration and the purpose of their meeting.

Title III. Of the Electoral Colleges.

  1. The district electoral colleges have one member per five hundred inhabitants domiciled in the district.
    Nevertheless, the number of members cannot exceed two hundred nor be less than one hundred and twenty.
  2. The department electoral colleges have one member per thousand inhabitants domiciled in the department; nevertheless, these members cannot exceed three hundred nor be less than two hundred.
  3. The members of the electoral colleges are for life.
  4. If a member of an electoral college is denounced to the government as being implicated in some act prejudicial to honor or to the fatherland, the government summons the college to express its opinion; there must be three-fourths of the votes in order to cause a denounced member to lose his place in the college.
  5. Places in the electoral college are lost for the same causes which entail loss of citizenship.
    They are also lost when, without legitimate excuse, one has not participated in three successive meetings.
  6. The First Consul appoints, at each session, the presidents of the electoral colleges.
    The president alone has the policing of the electoral college when it is assembled.
  7. The electoral colleges appoint, at each session, two tellers and a secretary.
  8. In order to provide for the formation of the department electoral colleges, there shall be prepared in each department, under orders of the minister of finances, a list of the six hundred citizens most highly rated upon the land, personal property, and sumptuary tax-rolls and upon the roll of licenses.
    There is added to the amount of the tax in the domicile of the department that which can be proven to have been paid in the other parts of the territory of France and its colonies.
    This list shall be printed.
  9. The cantonal assembly shall take from this list the members whom it must appoint to the electoral college of the department.
  10. The First Consul can add to the district electoral college ten members taken from among the citizens belonging to the Legion of Honor, or who have rendered the services.
    He can add to each department electoral college twenty citizens, ten of them, taken from among the thirty largest tax-payers of the department, and the other ten from among the members of the Legion of Honor or the citizens who have rendered services.
  11. For these appointments he is not subject to the fixed periods.

  12. The district electoral colleges present to the First Consul two citizens domiciled in the district for each vacant place in the district council.
    At least one of the citizens must be taken from outside of the college which presents him.
    The district councils are renewed by thirds every five years.
  13. The district electoral colleges present at each meeting two citizens to make part of the list from which the members of the Tribunate must be chosen.
    At least one of these citizens must necessarily be taken from outside of the college which presents him.
    Both can be taken from the outside of the department.
  14. The department electoral colleges present to the First Consul for each vacant place in the general council of the department two citizens domiciled in the department.
    At least one of these citizens must necessarily be taken from outside of the electoral college that presents him.
    The general councils of the department are renewed by thirds every five years.
  15. The department electoral colleges present at each meeting two citizens in order to form the list from which the members of the Senate are appointed.
    At least one must necessarily be taken from outside the college which presents him; and both can be taken from outside the department.
    They must have the age and qualifications are required by the constitution.
  16. The department and district electoral colleges each present two citizens domiciled in the department in order to form the list from which the members of the deputation in the Legislative Body must be appointed.
    One of these citizens must necessarily be taken from outside the college that presents him.
    There must be three times as many different candidates upon the list formed by the union of the presentations of the department and district electoral colleges as there are vacant places.
  17. One can be a member of a communal council and of a district or department electoral college.
    One cannot be at the same time a member of a district college and a department college.
  18. The members of the Legislative Body and of the Tribunate cannot be present at the meetings of the electoral college to which they belong. All other public functionaries have the right to be present and to vote there.

  19. No cantonal assembly proceeds to make appointments for the places which belong to it in an electoral college, except when these places are reduced to two-thirds.
  20. The electoral colleges assemble only in virtue of an act of convocation issued by the government, and in the place which is assigned to them.
    They cannot engage in any operations except those for which they are convoked, nor continue their sittings beyond the term fixed by the act of convocation.
    If they exceed these limits the government has the right to dissolve them.
  21. The electoral colleges cannot directly or indirectly, under any pretext whatever, correspond with each other.
  22. The dissolution of an electoral body makes necessary the renewal of all its members.

Title IV. Of the Consuls.

  1. The consuls are for life.
    They are members of the Senate, and preside over it.
  2. The second and third consuls are appointed by the Senate upon the presentation of the first.
  3. For that purpose, when one of the two places becomes vacant, the First Consul presents to the Senate a first choice; if he is not appointed, he presents a second; if the second is not accepted, he presents a third who is necessarily appointed.
  4. When the First Consul thinks it seasonable, he presents a citizen to succeed him after his death, in the form indicated by the preceding article.
  5. The citizen appointed to succeed the First Consul takes an oath to the Republic at the hands of the First Consul, assisted by the second and third consuls, in the presence of the Senate, the ministers, the Council of State, the Legislative Body, the Tribunate, the tribunal of cassation, the archbishops, the bishops, the presidents of the appellate tribunals, the presidents of the electoral colleges, the presidents of the cantonal assemblies the grand officers of the Legion of Honor, and the mayors of the twenty-four principal cities of the Republic.
  6. The secretary of state prepares the record of the taking of the oath.

  7. The oath is thus expressed:
    "I swear to maintain the constitution, to respect liberty of conscience, to oppose a return to feudal institutions, never to make war except for the defence and glory of the Republic, and to employ the authority with which I shall be invested only for the good of the people, from whom and for whom I shall have received it."
  8. Having taken the oath. He takes a seat in the Senate immediately next to the Third Consul.
  9. The First Consul can deposit in the archives of the government his opinion upon the appointment of his successor, in order to be presented to the Senate after his death.
  10. In that case he summons the second and third consuls, the ministers, and the presidents of the sections of the Council of State.
    In their presence he transfers to the secretary of state the paper, sealed with his seal, in which his opinion is contained.
    This paper is attested by all those who are present at the act. The secretary of state deposits it in the archives of the government in the presence of the ministers and the presidents of the sections of the Council of State.
  11. The First Consul can withdraw his deposit, observing the formalities prescribed in the preceding article.
  12. After the death of the First Consul, if his opinion remains on deposit, the paper which contains it is withdrawn from the archives of the government by the secretary of state, in the presence of the ministers and presidents of the sections of the Council of State. The integrity and authenticity of it is recognized in the presence of the second and third consuls It is forwarded to the Senate with a message of the government, together with the dispatch of the records which have established its deposit, authenticity, and integrity.
  13. If the person presented by the First Consul is not appointed, the second and third consuls each present one: in case of non-appointment, they each present another, and one of the two is necessarily appointed.
  14. If the First Consul has not left any presentation, the second and third consuls make their separate presentations; one first and one second; and if neither of them obtains the appointment, a third. The Senate necessarily appoints from the third.
  15. In any case the presentations and the appointment must be consummated within the twenty-four hours which shall follow the death of the First Consul.
  16. The law fixes for the life of each First Consul the list of the expenses of the government.

Title V. Of the Senate.

  1. The Senate regulates by an organic senatus-consultum:
    1st. The constitution of the colonies:
    2d. All which has not been provided for by the constitution and which is necessary for its operation:
    3d. It interprets the articles of the constitution which give rise to different interpretations.
  2. The Senate by the decrees entitled senatus-consulta:
    1st. Suspends for five years the functions of juries in the departments in which that measure is necessary;
    2d. Declares, when circumstances require it, the departments that are outside of the constitution;
    3d. Determines the time within which the persons arrested in virtue of article 46 of the constitution must be brought before the tribunals, when they have not been within ten days after their arrest;
    4th. Annuls the judgments of the tribunals when they are injurious to the security of the state;
    5th. Dissolves the Legislative Body and the Tribunate;
    6th. Appoints the consuls.
  3. The organic senatus-consulta and the senatus-consulta are considered by the Senate, upon the initiative of the government.
    A simple majority suffices for the senatus-consulta; there must be two-thirds of the votes of the members present for an organic senatus-consultum.
  4. The proposals for senatus-consulta, made in consequence of articles 55 and 56, are discussed in a privy council, composed of the consuls, two ministers, two senators, two councillors of state, and two grand officers of the Legion of Honor.
    The First Consul designates at each sitting the members wino shall compose the privy council.
  5. The First Consul ratifies treaties of peace and alliance after having taken the opinion of the privy council.
    Before promulgating them, he gives notice of them to the Senate.
  6. The decree of appointment of a member of the Legislative Body, the Tribunate, and the tribunal of cassation is entitled arrêté.
  7. The decrees of the Senate relative to its police and its internal administration are entitled délibérations.
  8. In the course of the year XI appointments shall be made of the forty citizens to complete the number of the eighty senators fixed by article 15 of the constitution.
    These appointments shall be made by the Senate, upon the presentation of the First Consul, who, for this presentation and for the further presentations within the number of eighty, takes three persons from the list of citizens prepared by the electoral colleges.
  9. The members of the grand council of the Legion of Honor are members of the Senate, whatever may be their ages.
  10. The First Consul can, in addition, appoint to the Senate without previous presentation by the department electoral colleges, citizens distinguished by their services, and their talents, on condition, nevertheless, that they shall be of the age required by the constitution, and that the number of senators shall in no case exceed one hundred and twenty.
  11. The senators can be consuls, ministers, members of the Legion of Honor, inspectors of public instruction, and employees in extraordinary and temporary missions.
  12. The Senate appoints each year two of its members to fill the, functions of secretaries.

  13. The ministers have seats in the Senate, but without deliberative voice unless they are senators.

Title VI. Of the Councillors of State.

  1. The councillors of state shall never exceed the number of fifty.
  2. The Council of State is divided into sections.
  3. The ministers have rank, seats and deliberative voice in the Council of State.

Title VII. Of the Legislative Body.

  1. Each department shall have in the Legislative Body a number of members proportionate to the extent of its population, in conformity with the appended table.
  2. All members of the Legislative Body belonging to the same deputation are appointed at the same time.
  3. The departments of the Republic are divided into five series, in conformity with the appended table.
  4. The present deputies are classed in the five series.
  5. They shall be renewed in the year to which shall belong the series in which the department shall be placed to which they shall have been attached.
  6. Nevertheless, the deputies who have been appointed in the year X shall complete their five years.
  7. The government convokes, adjourns and prorogues the Legislative Body.

Title VIII. Of the Tribunate.

  1. Dating from the Year XIII, the Tribunate shall be reduced to fifty members.
    Half of the fifty shall retire every third year. Until this the retiring members shall not be replaced.
    The Tribunate is divided into sections.
  2. The Legislative Body and the Tribunate are renewed in their whole membership when the Senate has decreed their dissolution.

Title IX. Of Justice and the Tribunals.

  1. There is a high-judge minister of justice.
  2. He has a distinguished place in the Senate and the Council of State.
  3. He presides over the tribunal of cassation and the tribunals of appeal, when the government thinks it desirable.
  4. He has the right of surveillance and reproof over the tribunals, the members who compose them, and the justices of the peace.
  5. The tribunal of cassation, presided over by him, has the right of censure and discipline over the tribunals of appeal and the criminal tribunals: it can, for grave cause, suspend the judges from their functions, and cite them before the high judge, in order to there render account of their conduct.
  6. The tribunals of appeal have the right of surveillance over the civil tribunals of their jurisdiction, and the civil tribunals over the justices of the peace of their district.
  7. The commissioner of the government to the tribunal of cassation supervises the commissioners to the tribunals of appeal and the criminal tribunals.
    The commissioners to the tribunals of appeal supervise the commissioners to the civil tribunals.
  8. The members of the tribunal of cassation are appointed by the Senate upon the presentation of the First Consul.
    The First Consul presents three persons for each vacant place.

Title X. Right of Pardon.

  1. The First Consul has the right to pardon.
    He exercises it after having heard in a privy council the high-judge, two ministers, two senators, two councillors of state, and two judges of the tribunals of cassation.
    [The appended tables are omitted.]

Bibliography

Title: The constitutions and other select documents illustrative of the history of France, 1789-1901
Author(s): Anderson, Frank Maloy, 1871-
Publication: Minneapolis, The H.W. Wilson company,
Year: 1904
Description: xxvi, 671 p. p., 20 cm.

References

Cambridge Modern History, IX, 19; Fournier, Napoleon, 238-241; Rose, Napoleon, I, 283-305: Sloane, Napoleon, II, Ch. XXII: Lanfrey, Napoleon, II, 225-238: Lavisse and Rambaud, Histoire générale, IX, 24-30: Aulard, Révolution française, 748-758: Jaurès Histoire socialiste, VI, 166-172.


 

 

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