X. It should be compared with the Constitution of the Year VIII (No. 58). The precise changes effected in all the more important institutions and methods for carrying on the government should be carefully noted.

REFERENCES. Fournier, Napoleon, 238-241; Rose, Napoleon, I, 283-305; Sloane, Napoleon, II, Ch. XXII; Lanfrey, Napoleon, II, 225-238; Lavisse and Rambaud, Histoire Generale, IX, 24-30; Aulard, Revolution Francaise, 748-758.

A. Declaration of the Tribunate. May 6, 1802 (16 Floréal, Year X). Moniteur, May 7, 1902 (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 CorpsLegislatif, and the Government.

B. Re-election by the Senate.

May 6, 1802 (16 Floréal, 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 | Floréal] 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 Sen ate 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 vic

tory, 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:

I. 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 the 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 Corps-Legislatif, the Tribunate, and the Consuls of the Republic.

May 9,

C. Message of the First Consul to the Senate. 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.

D. Order of the Consuls. May 10, 1802 (20 Floréal, Year X). Moniteur, May 11, 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. Senatus-Consultum. August 4, 1802 (16 Thermidor, Year X). Duvergier, Lois, XIII, 262-267.

TITLE I

I. 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.

4. 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.

5. The First Consul appoints the president of the cantonal assembly.

His functions continue for five years: he can be reappointed 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. 6. 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 Gov

ernment.

7. 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.

8. 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.

9. The justices of the peace and their substitutes are appointed for ten years.

10. 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.

II.

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.

12. The municipal councils are renewed by half every ten years.

13. The First Consul chooses the mayors and deputies within the municipal councils; they are in office for five years: they can be reappointed.

14. The cantonal assembly appoints to the district electoral college the number of members assigned to it by reason of the number of citizens of which it is composed.

15. It appoints to the department electoral college, out of a list to be spoken of hereafter, the number of members allowed to it.

16. The members of the electoral colleges must be domiciled in their respective districts and departments.

17. 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.

18. The district electoral colleges have one member for five hundred inhabitants domiciled in the district.

Nevertheless, the number of members cannot exceed two hundred nor be less than one hundred and twenty.

19. 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.

20. The members of the electoral colleges are for life.

21. If a member of an electoral college is denounced to the Government as being implicated in some act prejudicial to