CONSTITUTION OF MAY 18, 1804 (YEAR XII)
LexInter | August 26, 2012 | 0 Comments

CONSTITUTION OF MAY 18, 1804 (YEAR XII)

CONSTITUTION OF 28 FLOREAL YEAR XII (EMPIRE)

TITLE I

Article 1. – The Government of the Republic is entrusted to an Emperor, who takes the title of Emperor of the French. – Justice is rendered, in the name of the Emperor, through the officers he institutes.

Article 2. – Napoleon Bonaparte, current First Consul of the Republic, is Emperor of the French.

TITLE II – Heredity

Article 3. – The imperial dignity is hereditary in the direct, natural and legitimate descent of Napoleon Bonaparte, from male to male, by order of primogeniture, and to the perpetual exclusion of women and their descendants.Article 4. – Napoleon Bonaparte may adopt the children or grandchildren of his brothers, provided that they have reached the age of eighteen, and that he himself has no male children at the time of birth. adoption. – His adopted sons are in the line of his direct descent. – If, after the adoption, he has male children, his adopted sons can only be called after the natural and legitimate descendants. – Adoption is prohibited for the successors of Napoleon Bonaparte and their descendants.

Article 5. – In the absence of a natural and legitimate heir or adoptive heir of Napoleon Bonaparte, the imperial dignity is devolved and referred to Joseph Bonaparte and his natural and legitimate descendants, by order of primogeniture, and from male to male, to the perpetual exclusion of women and their descendants.

Article 6. – In the absence of Joseph Bonaparte and his male descendants, the imperial dignity is devolved and referred to Louis Bonaparte and his natural and legitimate descendants, by order of primogeniture, and from male to male, to the perpetual exclusion of women and their descendants.

Article 7. – In the absence of a natural and legitimate heir and adoptive heir of Napoleon Bonaparte; – In the absence of natural and legitimate heirs of Joseph Bonaparte and his male descendants; – From Louis Bonaparte and his male descendants; – An organic senatus-consult, proposed to the Senate by the holders of the great dignities of the Empire, and submitted to the acceptance of the people, appoints the Emperor, and regulates in his family the order of heredity, of male as a male, to the perpetual exclusion of women and their descendants.

Article 8. – Until the moment when the election of the new Emperor is completed, the affairs of the State are governed by the ministers, who form a council of government, and who deliberate by a majority of votes. The Secretary of State keeps the register of deliberations.

TITLE III – Of the imperial family

Article 9. – The members of the imperial family, in the order of heredity, bear the title of French Princes . – The Emperor’s eldest son wears that of Prince Imperial .Article 10. – A senatus-consulta regulates the mode of education of the French princes.

Article 11. – They are members of the Senate and of the Council of State, when they have reached their eighteenth year.

Article 12. – They cannot marry without the authorization of the Emperor. – The marriage of a French prince, made without the authorization of the Emperor, entails the deprivation of all rights to inheritance, both for the person who contracted it and for his descendants. – Nevertheless, if there is no child of this marriage, and it comes to dissolve, the prince who had contracted it recovers his rights to heredity.

Article 13. – The acts which record the birth, marriages and deaths of members of the imperial family, are transmitted by order of the Emperor, to the Senate, which orders their transcription in its registers and deposit in its archives .

Article 14. – Napoleon Bonaparte establishes by statutes to which his successors are bound to conform, – 1 ° The duties of individuals of all sexes, members of the imperial family, towards the Emperor; – 2 ° An organization of the imperial palace in conformity with the dignity of the throne and the greatness of the nation.

Article 15. – The civil list remains regulated as it was by articles 1 and 4 of the decree of May 16, 1791. – The French princes Joseph and Louis Bonaparte , and in the future the natural and legitimate younger sons of the Emperor, will be treated in accordance with articles 1, 10, 11, 12 and 13 of the decree of December 21, 1790. – The Emperor will be able to fix the dower of the empress and assign her to the civil list; his successors will not be able to change anything in the arrangements he has made in this regard.

Article 16. – The Emperor visits the departments: consequently, imperial palaces are established at the four main points of the Empire. – These palaces are designated and their dependencies determined by law.

TITLE IV – Of the regency

Article 17. – The Emperor is a minor until the age of eighteen completed; during his minority there is a regent of the Empire.Article 18. – The regent must be at least twenty-five years old. – Women are excluded from the regency.

Article 19. – The Emperor designates the regent from among the French princes, before the age required by the preceding article; and in their absence, among the holders of the great dignities of the Empire.

Article 20. – In the absence of designation on the part of the Emperor, the regency is referred to the prince closest in degree, in the order of heredity, having completed twenty-five years.

Article 21. – If, the Emperor not having appointed the regent, none of the French princes is over twenty-five years of age, the Senate elects the regent from among the holders of the great dignities of the Empire.

Article 22. – If, because of the minority of the age of the prince called to the regency in the order of heredity, it has been referred to a more distant relative, or to one of the holders of the great dignities of the Empire, the regent entered into office continues his functions until the majority of the Emperor.

Article 23. – No organic senatus-consultum can be rendered during the regency, nor before the end of the third year following the majority.

Article 24. – The regent exercises until the majority of the Emperor all the attributions of the imperial dignity. – Nevertheless he cannot appoint either to the great dignities of the Empire, or to the places of great officers who would be vacant at the time of the regency, or who would come to attend during the minority, nor to use the prerogative reserved for the ‘Emperor to elevate citizens to the rank of senator. – He cannot dismiss either the Grand Judge or the Secretary of State.

Article 25. – He is not personally responsible for the acts of his administration.

Article 26. – All acts of the regency are in the name of the Emperor Minor.

Article 27. – The regent does not propose any bill or senatus-consulte, and does not adopt any regulation of public administration, until after having taken the advice of the Council of Regency, composed of the holders of the great dignities of the ‘Empire. – He cannot declare war, nor sign treaties of peace, alliance or commerce, except after having deliberated on them in the Council of Regency, whose members, in this case alone, have voting rights. Deliberation takes place by majority vote; and if there is a division, it passes to the opinion of the regent. – The Minister of External Relations sits at the Council of Regency when this Council deliberates on matters relating to his department. – The Grand Judge, Minister of Justice, may be called upon by order of the Regent. – The secretary of

Article 28. – The regency does not confer any right on the person of the Emperor minor.

Article 29. – The salary of the regent is fixed at a quarter of the amount of the civil list.

Article 30. – The custody of the Emperor Minor is entrusted to his mother and, failing her, to the prince appointed for this purpose by the predecessor of the Emperor Minor. – In the absence of the mother of the Emperor Minor, and of a prince appointed by the Emperor, the Senate entrusts the custody of the Emperor Minor to one of the holders of the great dignities of the Empire. – Neither the regent and his descendants, nor the women, can be elected for the custody of the Emperor Minor.

Article 31. – In the event that Napoleon Bonaparte uses the faculty conferred on him by Article 4, Title II, the act of adoption will be made in the presence of the holders of the great dignities of the Empire, received by the Secretary of State, and immediately transmitted to the Senate to be transcribed in its registers and deposited in its archives. – When the Emperor designates either a regent for the minority, or a prince for the custody of a minor Emperor, the same formalities are observed. – The acts of designation, either of a regent for the minority, or of a prince for the custody of a minor Emperor, are revocable at will by the Emperor. – Any act of adoption, designation, or revocation of designation, which has not been transcribed on the registers of the Senate before the death of the

TITLE V – Of the great dignities of the Empire

Article 32. – The great dignities of the Empire are those, – Of Grand-Elector, – Of Archchancellor of the Empire, – Of Arch-Chancellor of State, – Of Arch-Treasurer, – Of Constable, – Of Grand- admiral.Article 33. – The holders of the great dignities of the Empire are appointed by the Emperor. – They enjoy the same honors as the French princes, and take rank immediately after them. – The time of their reception determines the rank they occupy respectively.

Article 34. – The great dignities of the Empire are irremovable.

Article 35. – The holders of the great dignities of the Empire are senators and councilors of state.

Article 36. – They form the great council of the Emperor; – They are members of the Privy Council; – They make up the grand council of the Legion of Honor. – The current members of the Grand Council of the Legion of Honor retain, for the duration of their life, their titles, functions and prerogatives.

Article 37. – The Senate and the Council of State are chaired by the Emperor. – When the Emperor does not preside over the Senate or the Council of State, he designates the one of the holders of the great dignities of the Empire who must preside.

Article 38. – All acts of the Senate and of the Legislative Body are rendered in the name of the Emperor, and promulgated or published under the imperial seal.

Article 39. – The grand-elector performs the functions of chancellor:
– 1 ° For the convocation of the legislative body, the electoral colleges and the assemblies of canton;
2 ° for the promulgation of the senatus-consulta on the dissolution, either of the legislative body, or of the electoral colleges. – The grand-elector presides in the absence of the Emperor, when the Senate makes the appointments of senators, legislators and tribunes. – He can reside at the Senate Palace. – He brings to the attention of the Emperor the complaints made by the electoral colleges or by the cantonal assemblies for the preservation of their prerogatives. – When a member of an electoral college is denounced, in accordance with article 21 of the organic senatus-consulte of 16 Thermidor year X, as having allowed himself some act contrary to honor or to the country, the grand- elector invites the college to express his wish. He brought the wishes of the college to the knowledge of the Emperor. – The grand-elector presents the members of the Senate, of the Council of State, of the Legislative Body and of the Tribunate, to the oath which they take in the hands of the Emperor. – He receives the oath of the presidents of the electoral colleges of the department and the assemblies of the canton. – He presents the solemn deputations of the Senate, the Council of State, the Legislative Body, the Tribunate and the electoral colleges, when they are admitted to the audience of the Emperor.

Article 40. – The archchancellor of the Empire performs the functions of chancellor for the promulgation of organic senatus-consulta and laws. – He also makes those of chancellor of the imperial palace. – He is present at the annual work in which the Grand Judge Minister of Justice reports to the Emperor on abuses which may have been introduced into the administration of justice, either civil or criminal. – He presides over the Imperial High Court. – He chairs the combined sections of the Council of State and the Tribunate in accordance with article 95, title XI. – He is present at the celebration of marriages and at the birth of princes; at the coronation and funeral of the Emperor. He signs the report drawn up by the Secretary of State. – It presents the holders of the great dignities of the Empire, the ministers and the secretary of state, the great civil officers of the crown and the first president of the Court of Cassation, to the oath which they take in the hands of the Emperor. – He receives the oath of the members and the prosecution of the Court of Cassation, of the presidents and general prosecutors of the courts of appeal and of the criminal courts. – He presents the solemn deputations and the members of the courts of justice admitted to the audience of the Emperor. – He signs and seals the commissions and certificates of the members of the courts of justice and ministerial officers; it seals the commissions and patents of civil administrative functions and the other acts which will be designated in the regulations relating to the organization of the seal. the great civil officers of the crown and the first president of the Court of Cassation, to the oath which they take in the hands of the Emperor. – He receives the oath of the members and the prosecution of the Court of Cassation, of the presidents and general prosecutors of the courts of appeal and of the criminal courts. – He presents the solemn deputations and the members of the courts of justice admitted to the audience of the Emperor. – He signs and seals the commissions and certificates of the members of the courts of justice and ministerial officers; it seals the commissions and patents of civil administrative functions and the other acts which will be designated in the regulations concerning the organization of the seal. the great civil officers of the crown and the first president of the Court of Cassation, to the oath which they take in the hands of the Emperor. – He receives the oath of the members and the prosecution of the Court of Cassation, of the presidents and general prosecutors of the courts of appeal and of the criminal courts. – He presents the solemn deputations and the members of the courts of justice admitted to the audience of the Emperor. – He signs and seals the commissions and certificates of the members of the courts of justice and ministerial officers; it seals the commissions and patents of civil administrative functions and the other acts which will be designated in the regulations relating to the organization of the seal. – He receives the oath of the members and the prosecution of the Court of Cassation, of the presidents and general prosecutors of the courts of appeal and of the criminal courts. – He presents the solemn deputations and the members of the courts of justice admitted to the audience of the Emperor. – He signs and seals the commissions and certificates of the members of the courts of justice and ministerial officers; it seals the commissions and patents of civil administrative functions and the other acts which will be designated in the regulations concerning the organization of the seal. – He receives the oath of the members and the prosecution of the Court of Cassation, of the presidents and general prosecutors of the courts of appeal and of the criminal courts. – He presents the solemn deputations and the members of the courts of justice admitted to the audience of the Emperor. – He signs and seals the commissions and certificates of the members of the courts of justice and ministerial officers; it seals the commissions and patents of civil administrative functions and the other acts which will be designated in the regulations concerning the organization of the seal. – He signs and seals the commissions and certificates of the members of the courts of justice and ministerial officers; it seals the commissions and patents of civil administrative functions and the other acts which will be designated in the regulations relating to the organization of the seal. – He signs and seals the commissions and certificates of the members of the courts of justice and ministerial officers; it seals the commissions and patents of civil administrative functions and the other acts which will be designated in the regulations concerning the organization of the seal.

Article 41. – The Arch-Chancellor of State acts as Chancellor for the promulgation of treaties of peace and alliance and for declarations of war. – He presents to the Emperor and signs the letters of credence and the correspondence of etiquette with the various courts of Europe, drawn up according to the forms of the imperial protocol, of which he is the guardian. – He is present at the annual work in which the Minister of External Relations reports to the Emperor on the political situation of the State. – He presents the Emperor’s ambassadors and ministers in foreign courts, to the oath they take in the hands of his Imperial Majesty. – He receives the oath of residents, charge d’affaires, secretaries of embassy and legation and general commissioners and commercial relations commissioners. – It presents the extraordinary embassies and the French and foreign ambassadors and ministers.

Article 42. – The arch-treasurer is present at the annual work in which the Ministers of Finance and of the Public Treasury render to the Emperor the accounts of the receipts and expenditures of the State, and set out their views on the financial needs of the State. ‘Empire. – The accounts of annual receipts and expenditure, before being presented to the Emperor, are endorsed with his visa. – It receives, every three months, the account of the work of the national accounts, and every year the general result and the views of reform and improvement in the different parts of the accounts; he brought them to the knowledge of the Emperor. – He stops the public debt ledger every year. – He signs the civil pensions patents. – He chairs the combined sections of the Council of State and the Tribunate, in accordance with Article 95, Title XI. – He receives the oath of the members of the national accounts, of the financial administrations, and of the main agents of the public treasury. – It presents the deputations of the national accounts and of the financial administrations admitted to the audience of the Emperor.

Article 43. – The constable is present at the annual work in which the Minister of War and the director of the administration of the war report to the Emperor, the arrangements to be made to complete the system of border defense, the maintenance, repair and provision of places. – He lays the first stone of the strongholds whose construction is ordered. – He is governor of military schools. – When the Emperor does not personally hand over the flags to the army corps, they are handed over to them in his name by the Constable. – In the absence of the Emperor, the Constable passes the major reviews of the Imperial Guard. – When an army general is warned of an offense specified in the military penal code, the constable can preside over the council of war which must judge. – He presents the marshals of the Empire, the colonels general, the inspectors general, the general officers and the colonels of all arms, to the oath they take in the hands of the Emperor. – He receives the oath of majors, battalion and squadron leaders of all arms. – He installs the Marshals of the Empire. – He presents the general officers and colonels, majors, battalion and squadron leaders of all arms, when they are admitted to the Emperor’s audience. He signs the certificates of the army and those of the military pensioners of the State. to the oath they take in the hands of the Emperor. – He receives the oath of majors, battalion and squadron leaders of all arms. – He installs the Marshals of the Empire. – He presents the general officers and colonels, majors, battalion and squadron leaders of all arms, when they are admitted to the Emperor’s audience. He signs the certificates of the army and those of the military pensioners of the State. to the oath they take in the hands of the Emperor. – He receives the oath of majors, battalion and squadron leaders of all arms. – He installs the Marshals of the Empire. – He presents the general officers and colonels, majors, battalion and squadron leaders of all arms, when they are admitted to the Emperor’s audience. He signs the certificates of the army and those of the military pensioners of the State.

Article 44. – The Grand Admiral is present at the annual work in which the Minister of Marine reports to the Emperor on the state of naval constructions, arsenals and supplies. – He receives annually and presents to the Emperor the accounts of the fund for invalids of the navy. – When an admiral, vice-admiral or rear-admiral commander-in-chief of a naval army, is warned of an offense specified in the maritime penal code, the grand-admiral can preside over the court martial which must judge. – He presents the admirals, vice-admirals, rear-admirals and naval captains, to the oath they take in the hands of the Emperor. – He receives the oath of the members of the board of prizes and the frigate captains. – He introduces admirals, vice admirals, rear admirals, captains of ships and frigates, and members of the prize council, when they are admitted to the Emperor’s audience. – He signs the certificates of the officers of the naval army and those of the sailors pensioners of the State.

Article 45. – Each holder of the great dignities of the Empire presides over a departmental electoral college. – The electoral college based in Brussels is chaired by the grand-elector. – The electoral college sitting in Bordeaux is chaired by the Archchancellor of the Empire. – The electoral college sitting in Nantes is chaired by the Archchancellor of State. – The electoral college sitting in Lyon is chaired by the arch-treasurer of the Empire. – The electoral college in Turin is chaired by the constable. – The electoral college sitting in Marseilles is chaired by the Grand Admiral.

Article 46. – Each holder of the great dignities of the Empire receives annually, as a fixed salary, one third of the sum allocated to the princes, in accordance with the decree of December 21, 1790.

Article 47. – A statute of the Emperor regulates the functions of the holders of the great dignities of the Empire with the Emperor, and determines their costume in the great ceremonies. The successors of the Emperor can derogate from this statute only by a senatus-consulte.

TITLE VI – Of the great officers of the Empire

Article 48. – The great officers of the Empire are – 1 ° Marshals of the Empire, chosen from among the most distinguished generals. – Their number does not exceed that of sixteen. – The marshals of the Empire who are senators are not included in this number. – 2 ° Eight inspectors and colonels general of artillery and engineers, of the mounted troops and of the navy. – 3 ° Of the great civil officers of the crown, such as they will be instituted by the statutes of the Emperor.Article 49. – The places of the great officers are irremovable.

Article 50. – Each of the great officers of the Empire presides over an electoral college which is specially assigned to him at the time of his appointment.

Article 51. – If, by an order of the Emperor, or for any other cause whatsoever, a holder of great dignity of the Empire or a great officer comes to cease his functions, he retains his title, his rank, his prerogatives, and half of his salary: he loses them only by a judgment of the High Imperial Court.

TITLE VII – Oaths

Article 52. – In the two years which follow his accession, or his majority, the Emperor, accompanied – Holders of the great dignities of the Empire, – Ministers, – Grand officers of the Empire, – Take the oath to the French people on the Gospel, and in the presence – Of the Senate, – Of the Council of State, – Of the legislative body, – Of the Tribunate, – Of the Court of Cassation, – Of the archbishops, – Of the bishops, – Of the great officers of the Legion of Honor, – National accounts, – Presidents of courts of appeal, – Presidents of electoral colleges, – Presidents of consistories, – And mayors of the thirty-six principal cities of the Empire. – The Secretary of State draws up the official report of the taking of the oath.Article 53. – The Emperor’s oath is as follows: – “I swear to maintain the integrity of the territory of the Republic, to respect and ensure respect for the laws of the concordat and the freedom of worship; to respect and ensure respect equality of rights, political and civil liberty, the irrevocability of sales of national property; not to levy any tax, to establish no tax except by virtue of the law; to maintain the institution of the Legion of ‘honor; to govern in the sole view of the interest, happiness and glory of the French people. ”

Article 54. – Before beginning the exercise of his functions, the regent accompanied – Holders of the great dignities of the Empire, – Ministers, – Grand officers of the Empire, – Take an oath on the Gospel, and in the presence – Of the Senate, – Of the Council of State, – Of the president and the quaestors of the Legislative body, – Of the president and the quaestors of the Tribunate, – And of the great officers of the Legion of honor. – The Secretary of State draws up the official report of the taking of the oath.

Article 55. – The oath of the regent is written in these terms: “I swear to administer the affairs of the State, in accordance with the constitutions of the Empire, the senatus-consulta and the laws; to maintain in all their integrity the territory of the Republic, the rights of the nation and those of the imperial dignity, and to faithfully hand over to the Emperor, at the time of his majority, the power entrusted to me. ”

Article 56. – The holders of the great dignities of the Empire, the ministers and the Secretary of State, the great officers, the members of the Senate, of the Council of State, of the Legislative Body, of the Tribunate, of the electoral colleges and of the canton assemblies, take the oath in these terms: – “I swear obedience to the constitutions of the Empire and loyalty to the Emperor.” – Civil and judicial public officials, and officers and soldiers of the army and of sea, take the same oath.

TITLE VIII – Of the Senate

Article 57. – The Senate is composed, – 1 ° Of the French princes having reached their eighteenth year; – 2 ° Holders of the great dignities of the Empire; – 3 ° Of the eighty members appointed on the presentation of candidates chosen by the Emperor from the lists formed by the electoral colleges of the department; – 4 ° Citizens whom the Emperor considers advisable to raise to the dignity of senator. – In the event that the number of senators exceeds that which has been fixed by article 63 of the organic senate-consult of 16 Thermidor year X, it will, in this regard, be provided by a law for the execution of the article 17 of the senatus-consulte of 14 Nivose, year XI.Article 58. – The President of the Senate is appointed by the Emperor, and chosen from among the senators. – His duties last for one year.

Article 59. – He convenes the Senate on an order of the Emperor’s own movement, and at the request, or of the commissions which will be discussed below, Articles 60 and 64, or of a senator in accordance with the provisions of the Article 70, or an officer of the Senate, for internal affairs of the body. – He reports to the Emperor on the convocations made at the request of the committees or of a senator, their object, and the results of the deliberations of the Senate.

Article 60. – A commission of seven members appointed by the Senate, and chosen from among its members, takes cognizance, on the communication which is given to it by the ministers, of the arrests carried out in accordance with article 46 of the Constitution when the persons arrested were not brought to court within ten days of their arrest. – This commission is called the senatorial commission for individual liberty .

Article 61. – All the persons arrested and not put on trial after the ten days of their arrest, may appeal directly, by them, their parents or their representatives, and by petition, to the senatorial commission of individual liberty.

Article 62. – When the commission considers that the prolonged detention beyond the ten days of the arrest is not justified by the interest of the State, it invites the minister who ordered the arrest to put in charge. liberty of the detained person, or to return him to the ordinary courts.

Article 63. – If, after three consecutive invitations, renewed in the space of one month, the detained person is not released or referred to the ordinary courts, the commission requests an assembly of the Senate, which is convened by the president, and who, if necessary, makes the following declaration: – “There are strong presumptions that N. is arbitrarily detained.” – We then proceed in accordance with the provisions of Article 112, Title XIII, of the Imperial High Court .

Article 64. – A commission of seven members appointed by the Senate and chosen from among its members, is responsible for ensuring the freedom of the press. – Are not included in its attribution the works which are printed and distributed by subscription and at periodical times. – This committee is called the Senate press freedom committee .

Article 65. – Authors, printers or booksellers who believe themselves justified in complaining of impediments placed in the printing or circulation of a work, may appeal directly and by petition to the senatorial commission for the freedom of the press.

Article 66. – When the commission considers that the impediments are not justified by the interest of the State, it invites the minister who gave the order to revoke it.

Article 67. – If, after three consecutive invitations, renewed in the space of one month, the impediments remain, the commission requests an assembly of the Senate, which is convened by the president, and which returns, if necessary , the following statement: – “There are strong presumptions that the freedom of the press has been violated.” – We then proceed in accordance with the provision of Article 112, Title XIII, of the High Imperial Court .

Article 68. – A member of each of the senatorial commissions ceases his functions every four months.

Article 69. – Bills decreed by the Legislative Body are transmitted, on the very day of their adoption, to the Senate, and deposited in its archives.

Article 70. – Any decree issued by the legislative body may be denounced in the Senate by a senator, 1 ° as tending to the re-establishment of the feudal regime; 2 ° as contrary to the irrevocability of sales of national domains; 3 ° as not having been deliberated in the forms prescribed by the constitutions of the Empire, the regulations and the laws; 4 ° as undermining the prerogatives of the imperial dignity and those of the Senate: without prejudice to the execution of articles 21 and 37 of the act of constitutions of the Empire, dated 22 Frimaire year VIII.

Article 71. – The Senate, in the six days which follow the adoption of the bill, deliberating on the report of a special commission, and after having heard three readings of the decree in three sessions held on different days, may express the opinion that there is no need to promulgate the law. – The president brings to the Emperor the reasoned deliberation of the Senate.

Article 72. – The Emperor, after having heard the Council of State, or declares by a decree his adhesion to the deliberation of the Senate, or has the law promulgated.

Article 73. – Any law the promulgation of which, in this circumstance, has not been made before the expiration of the ten-day period, can no longer be promulgated if it has not been again deliberated and adopted by the Legislative Body. .

Article 74. – The entire operations of an electoral college, and the partial operations which relate to the presentation of candidates to the Senate, the Legislative Body and the Tribunate can only be canceled for reasons of unconstitutionality, by a senatus-consulte .

TITLE IX – Of the Council of State

Article 75. – When the Council of State deliberates on bills or on public administration regulations, two-thirds of the members of the Council in ordinary service must be present. – The number of State Councilors present cannot be less than twenty-five.Article 76. – The Council of State is divided into six sections; namely: – Legislation Section, – Interior Section, Finance Section, – War Section, – Marine Section, – And Commerce Section.

Article 77. – When a member of the Council of State has been carried for five years on the list of members of the Council in ordinary service, he receives a certificate of Councilor of State for life. – When he ceases to be placed on the list of the Council of State in ordinary or extraordinary service, he is only entitled to a third of the salary of Councilor of State. – He loses his title and his rights only by a judgment of the High Imperial Court, carrying afflicting or infamous punishment.

TITLE X – Of the legislative body

Article 78. – The outgoing members of the legislative body can be re-elected without interval.Article 79. – Bills presented to the Legislature are referred to the three sections of the Tribunate.

Article 8o. – The sessions of the Legislative Body are distinguished into ordinary sessions and general committees.

Article 81. – Ordinary sittings are composed of members of the Legislative Body, orators of the Council of State, orators of the three sections of the Tribunate. – The general committees are composed only of members of the legislative body. – The President of the Legislative Body presides over ordinary sessions and general committees.

Article 82. – In ordinary session, the Legislature hears the speakers of the Council of State and those of the three sections of the Tribunate, and votes on the bill. – In general committee, the members of the legislative body discuss among themselves the advantages and disadvantages of the bill.

Article 83. – The Legislature is formed into a general committee, – 1 ° At the invitation of the president for internal affairs of the body; – 2 ° On a request made to the president and signed by fifty members present; – In these two cases, the general committee is secret, and the discussions must neither be printed nor divulged; – 3 ° At the request of the speakers of the Council of State, specially authorized for this purpose, – In this case, the general committee is necessarily public. – No deliberation can be taken in the general committees.

Article 84. – When the discussion in general committee is closed, the deliberation is adjourned to the next day in ordinary session.

Article 85. – The legislative body, on the day when it must vote on the bill, hears, in the same session, the summary made by the speakers of the Council of State.

Article 86. – The deliberation of a bill may not, in any case, be postponed for more than three days beyond that which had been fixed for the closure of the discussion.

Article 87. – The sections of the Tribunate constitute the only committees of the Legislative Body, which can form others only in the case stated in Article 113, Title XIII, of the High Imperial Court .

TITLE XI – Of the Tribunate

Article 88. – The functions of the members of the Tribunate last ten years.Article 89. – The Tribunate is renewed by half every five years. – The first renewal will take place, for the session of year XVII, in accordance with the organic senatus-consulte of 16 Thermidor year X.

Article 90. – The president of the Tribunate is appointed by the Emperor, on a presentation of three candidates made by the Tribunate by secret ballot and absolute majority.

Article 91. – The functions of the president of the Tribunate last two years.

Article 92. – The Tribunate has two quaestors. – They are appointed by the Emperor from a triple list of candidates chosen by the Tribunate by secret ballot and absolute majority. – Their functions are the same as those attributed to the Quaestors of the Legislative Body, by Articles 19, 20, 21, 22, 23, 24 and 25 of the Organic Senatus-Consulta of 28 Frimaire Year XII. – One of the quaestors is renewed each year.

Article 93. – The Tribunate is divided into three sections; namely: – Legislation Section, – Interior Section, – Finance Section.

Article 94. – Each section forms a list of three of its members, among which the president of the Tribunate designates the president of the section. – The functions of section president last for one year.

Article 95. – When the respective sections of the Council of State and the Tribunate request to meet, the conferences take place under the chairmanship of the Arch-Chancellor of the Empire or of the Arch-Treasurer, depending on the nature of the matters to be examined.

Article 96. – Each section discusses separately and in assembly of section, the draft laws which are transmitted to it by the legislative body – Two orators of each of the three sections carry to the legislative body the wish of their section, and in development the reasons.

Article 97. – Under no circumstances may bills be discussed by the Tribunate in a general assembly. – It meets in general assembly, under the chairmanship of its president, for the exercise of its other attributions.

TITLE XII – Electoral colleges

Article 98. – Whenever a departmental electoral college is assembled for the formation of the list of candidates for the Legislative Body, the lists of candidates for the Senate are renewed. – Each renewal renders previous presentations of no effect.Article 99. – Grand officers, commanders and officers of the Legion of Honor are members of the electoral college of the department in which they have their domicile, or of one of the departments of the cohort to which they belong. – Legionaries are members of the electoral college of their district. – Members of the Legion of Honor are admitted to the electoral college of which they must belong, on presentation of a certificate issued to them for this purpose by the grand-elector.

Article 100. – The prefects and the military commanders of the departments cannot be elected candidates for the Senate by the electoral colleges of the departments in which they exercise their functions.

TITLE XIII – Of the Imperial High Court

Article 101. – A High Imperial Court hears,- 1 ° Personal offenses committed by members of the imperial family, by holders of the great dignities of the Empire, by ministers and by the Secretary of State, by great officers, by senators, by councilors of state;
– 2 ° Crimes, attacks and plots against the internal and external security of the State, the person of the Emperor and that of the heir apparent to the Empire;
– 3 ° Offenses of responsibility ex officio committed by ministers and State Councilors in charge especially of a part of public administration;
– 4 ° Prevarications and abuses of power, committed either by captains general of the colonies, colonial prefects and commanders of French establishments outside the continent, or by general administrators employed extraordinarily, or by generals of land or sea ; without prejudice, with regard to these, to the prosecution of military jurisdiction, in the cases determined by law;
– 5 ° Due to the disobedience of the generals of land or sea who contravene their instructions;
– 6 ° Concussions and dilapidations of which the prefects of the interior are guilty in the exercise of their functions;
– 7 ° Forfeitures or actions which may be incurred by a court of appeal, or by a court of criminal justice, or by members of the Court of Cassation;
– 8 ° Denunciations on account of arbitrary detention and violation of freedom of the press.

Article 102. – The seat of the High Imperial Court is in the Senate.

Article 103. – It is chaired by the Archchancellor of the Empire. – If he is ill, absent or legitimately prevented, it is chaired by another holder of great dignity of the Empire.

Article 104. – The High Imperial Court is composed of the princes, holders of the great dignities and great officers of the Empire, the Grand Judge Minister of Justice, sixty senators, the six presidents of the sections of the Council of State, fourteen State Councilors and twenty members of the Court of Cassation. – Senators, State Councilors and members of the Court of Cassation are called in order of seniority.

Article 105. – There is at the Imperial High Court an attorney general, appointed for life by the Emperor. – He exercises the public ministry, being assisted by three tribunes, appointed each year by the legislative body, from a list of nine candidates presented by the Tribunate, and three magistrates whom the Emperor also appoints, each year, from among the officers of the courts of appeal or criminal justice.

Article 106. – There is at the Imperial High Court a chief clerk appointed for life by the Emperor.

Article 107. – The president of the High Imperial Court can never be challenged; he can abstain for legitimate reasons.

Article 108. – The High Imperial Court can act only on the prosecution of the public prosecutor, in the offenses committed by those which their capacity makes justiciable of the Imperial Court; if there is a plaintiff, the public prosecutor necessarily becomes an added and prosecuting party and proceeds as described below. The public prosecutor is also a joint party and a prosecuting party in cases of forfeiture or harassment.

Article 109. – The magistrates of security and the directors of jury are required to stop, and to return, within a period of eight days, to the Attorney General at the High Imperial Court, all the documents of the procedure, when, in the offenses for which they are seeking redress, it follows, either from the quality of the persons, or from the title of the accusation, or from the circumstances, that the fact is within the competence of the High Imperial Court. – Nevertheless, the security magistrates continue to collect evidence and traces of the offense.

Article 110. – The Ministers or the Councilors of State in charge of any part of public administration, can be denounced by the Legislature, if they have given orders contrary to the constitutions and the laws of the Empire.

Article 111. – May also be denounced by the Legislative Body, – The captains general of the colonies, the colonial prefects, the commanders of French establishments outside the continent, the general administrators, when they have prevaricated or abused their power; – Generals of land or sea who have disobeyed their instructions; – The prefects of the interior who are guilty of squandering or concussion.

Article 112. – The Legislature similarly denounces the ministers or agents of the authority, when there has been, on the part of the Senate, a declaration of strong presumptions of arbitrary detention or violation of the freedom of the press .

Article 113. – The denunciation of the Legislative Body can be stopped only at the request of the Tribunate, or on the complaint of fifty members of the Legislative Body, who require a secret committee for the purpose of making appoint, by the ball of the ballot, ten of them to draft the denunciation project.

Article 114. – In either case, the request or the complaint must be made in writing, signed by the president and the secretaries of the Tribunate, or by the ten members of the legislative body. – If it is directed against a minister or against a State Councilor in charge of a part of public administration, it is communicated to them within one month.

Article 115. – The Minister or the Councilor of State denounced does not appear to answer it. – The Emperor appoints three Councilors of State to go to the Legislative Body on the day indicated, and to give clarifications on the facts of the denunciation.

Article 116. – The Legislature discusses in a secret committee the facts included in the demand or in the complaint, and it deliberates by ballot.

Article 117. – The act of denunciation must be detailed, signed by the president and by the secretaries of the legislative body. – It is addressed by a message to the Archchancellor of the Empire, who transmits it to the Attorney General at the Imperial High Court.

Article 118. – The prevarications or abuse of power of the captains general of the colonies, of the colonial prefects, of the commanders of establishments outside the continent, of the general administrators, the acts of disobedience on the part of the generals of land or sea to the instructions given to them. were given, the squandering and concussions of the prefects, are also denounced by the ministers, each in his attributions, to the officers in charge of the public prosecution. – If the denunciation is made by the Grand Judge Minister of Justice, he cannot attend or take part in the judgments which intervene on his denunciation.

Article 119. – In the cases determined by Articles 110, 111, 112 and 118, the Attorney General informs the Archchancellor of the Empire within three days that it is necessary to convene the High Imperial Court. – The Archchancellor, after taking orders from the Emperor, fixes the opening of the sessions within a week.

Article 120. – In the first session of the High Imperial Court, it must judge its jurisdiction.

Article 121. – When there is denunciation or complaint, the public prosecutor, in concert with the tribunes and the three magistrates officers of the public prosecutor’s office, examines whether there is grounds for prosecution. – The decision is up to him; one of the magistrates of the public prosecutor’s office, can be charged by the public prosecutor, to direct the prosecutions. – If the public prosecutor considers that the complaint or the denunciation should not be admitted, it justifies the conclusions on which the High Imperial Court pronounces, after having heard the magistrate in charge of the report.

Article 122. – When the conclusions are adopted, the High Imperial Court ends the case by a final judgment – When they are rejected, the public prosecutor is bound to continue the prosecution.

Article 123. – In the second of the cases provided for by the preceding article, and also when the public prosecutor considers that the complaint or the denunciation must be admitted, he is required to draw up the indictment within a week, and to communicate it to the commissioner and to the deputy that the Archchancellor of the Empire appoints from among the judges of the Court of Cassation who are members of the High Imperial Court. The functions of this commissioner, and, in his absence, of the deputy, consist in making the investigation and the report.

Article 124. – The rapporteur or his deputy submits the indictment to twelve commissioners of the High Imperial Court chosen by the Archchancellor of the Empire, six from among the senators; and six from among the other members of the Imperial High Court. The chosen members do not concur in the judgment of the High Imperial Court.

Article 125. – If the twelve commissioners judge that there is grounds for accusation, the commissioner-rapporteur issues an order in conformity, issues the arrest warrants, and proceeds to the investigation.

Article 126. – If the commissioners consider on the contrary that there is no grounds for accusation, it is referred by the rapporteur to the High Imperial Court, which pronounces definitively.

Article 127. – The High Imperial Court cannot judge less than sixty members. Ten of the totality of the members who are called to compose it can be challenged without reasons determined by the accused, and ten by the public party. The judgment is rendered by an absolute majority of votes.

Article 128. – The debates and the judgment take place in public.

Article 129. – The accused have defenders; if they do not present any, the Archchancellor of the Empire gives them them ex officio.

Article 130. – The High Imperial Court can only pronounce penalties imposed by the penal code. – It pronounces, if necessary, the judgment for civil damages.

Article 131. – When it acquits, it can put those who are absolved, under the surveillance or at the disposal of the high police force of the State, for the time which it determines.

Article 132. – The judgments rendered by the High Imperial Court are not subject to any appeal; – Those who pronounce a sentence of afflicting or infamous punishment, can only be executed when they have been signed by the Emperor.

Article 133. – A particular senatus-consulta contains the surplus of the provisions relating to the organization and the action of the High Imperial Court.

TITLE XIV – Judicial order

Article 134. – The judgments of the courts of justice are called judgments.Article 135. – The presidents of the Court of Cassation, of the courts of appeal and of criminal justice, are appointed for life by the Emperor, and can be chosen outside the courts which they are to preside.

Article 136. – The Court of Cassation takes the name of Court of Cassation . – The courts of appeal take that of the courts of appeal . – Criminal courts, that of criminal justice courts . – The president of the Court of Cassation and that of the courts of appeal divided into sections, take the title of first president . – The vice-presidents take that of presidents . – The government commissioners near the Court of Cassation, the Courts of Appeal and the Courts of Criminal Justice, take the title of Imperial Attorneys General . – Government commissioners to other courts, take the title of imperial prosecutors.

TITLE XV – Promulgation

Article 137. – The Emperor causes the organic senatus-consulta to be sealed and promulgated, – The senatus-consulta, – Acts of the Senate, – Laws. – Organic senatus-consulta, senatus-consulta, acts of the Senate, are promulgated no later than the tenth day following their issue.Article 138. – There are two original expeditions of each of the acts mentioned in the previous article. – Both are signed by the Emperor, endorsed by one of the holders of great dignities, each according to their rights and attributions, countersigned by the Secretary of State and the Minister of Justice, and sealed with the great seal of L ‘State.

Article 139. – One of these expeditions is deposited in the archives of the seal, and the other is delivered to the archives of the public authority from which the act emanates.

Article 140. – The promulgation reads as follows:

“N. (the first name of the Emperor) , by the grace of God and the constitutions of the Republic, Emperor of the French, to all present and to come, HELLO. – The Senate, after having heard the speakers of the Council of State, decreed or stopped, and we order the following: – (And if it is a law) The Legislative Body made, on … (the date),the following decree, in accordance with the proposal made in the name of the Emperor, and after hearing the speakers of the Council of State and the sections of the Tribunate, the … – Let us mandate and order that the present, bearing the seals of the ‘State, inserted in the Bulletin of Laws, be sent to the courts, tribunals and administrative authorities, so that they can enter them in their registers, observe them and have them observed, and the Grand Judge, Minister of Justice, is responsible for monitoring its publication. ”

Article 141. – Enforceable dispatches of judgments are drafted as follows:

“N. (the first name of the Emperor) , by the grace of God and the constitutions of the Republic, Emperor of the French, to all present and to come, Hello. – The court of … or the court of .. . (if it is a Court of First Instance) has rendered the following judgment : (Copy the judgment or judgment here). Let us mandate and order all bailiffs on this requisition, to put the said judgment into execution; to our attorneys general , and to our prosecutors at the courts of first instance, to hold their hand there; to all commanders and officers of the public force, to lend a hand when they are legally required. – In witness whereof this judgment has been signed by the president of the court orcourt, and by the clerk. ”

TITLE XVI AND LAST

Article 142. – The following proposal will be presented for the acceptance of the people, in the forms determined by the decree of 20 Floréal year X: – “The people want the inheritance of the imperial dignity in direct, natural, legitimate descent and adoptive of Napoleon Bonaparte, and in the direct, natural and legitimate descent of Joseph Bonaparte and Louis Bonaparte , as it is regulated by the organic senatus-consulte of this day.

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