Research Subjects: Government & Politics



Senatus-Consultum for Suppressing the Tribunate

August 19, 1807.

Before its suppression by this document the Tribunate had been the forum for the discussion of legislative measures. Although its meetings were not public this discussion was displeasing to Napoleon and he dissolved it, in order "to simplify and perfect the institutions." The manner of its suppression and the substitute arrangement should be noted.

  1. For the future, counting from the end of the session which is about to open, the preliminary discussion of the laws which is carried on by the sections of the Tribunate shall be performed, during the continuance of each session, by three commissions of the Legislative Body, under the titles:
    The first, of commission of civil and criminal legislation;
    The second, of commission of internal administration;
    The third, of commission of the finances.
  2. Each of these commissions shall deliberate separately and without spectators; they shall be composed of seven members selected by the Legislative Body through secret ballot and a majority of the votes. The president shall be appointed by the Emperor, either from among the members of the commission or from among the other members of the Legislative Body.
  3. The form of the ballot shall be arranged in such a manner that there may be, as far as shall be possible, four jurisconsultes upon the commission of legislation.

  4. In case of disagreement of opinion between the section of the Council of State which shall have drawn up the project of law and the proper commission of the Legislative Body, both of them shall meet together in conference under the presidency of the archchancellor of the Empire or the archtreasurer, according to the nature of the matters to be examined.
  5. If the councilors of state and the members of the commission of the Legislative Body are of the same opinion, the president of the commission shall be heard, after the orator of the Council of State shall have set forth before the Legislative Body the reasons for the law.
  6. When the commission shall have decided against the project of law, all the members of the commission shall have power to set forth before the Legislative Body the reasons for their opinion.
  7. The members of the commission who shall have discussed a project of law shall be admitted, as are the other members of the Legislative Body, to vote upon the project.
  8. When circumstances shall give occasion for the examination of some project of particular importance, it shall be lawful for the Emperor, in the interval of two sessions, to summon the members of the Legislative Body necessary to form the commissions, who shall proceed immediately to the preliminary discussion of the project; these commissions shall be appointed for the next session.
  9. The members of the Tribunate who, by the terms of the act of the Conservative Senate dated 17 Fructidor, Year X ought to remain until in the Year XIX, and whose powers, by article 89 of the act of the constitutions of the Empire of 28 Floréal, Year XII, have been extended until in the Year XXI, corresponding to the year 1812 of the Gregorian calendar, shall enter the Legislative Body and shall make part of that body until the date at which their functions would have ceased in the Tribunate.
  10. For the future, nobody can be chosen a member of the Legislative Body unless he is at least fully forty years of age.

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

Lanfrey, Napoleon, III, 333-336; Lavisse and Rambaud, Histoire générale, IX, 228-229.


 

 

Placed on the Napoleon Series 5/00

 

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