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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.

Paris, Aug. 5. Extract from the registers of the deliberations of the council of state, of the sitting of August 4.

Project of a Senatus Consultum for organizing the Constitution.

Title I.

Art. 1. Each jurisdiction of a justice of the peace has a cantonal assembly. --2. Each communal circuit or district of sub-prefecture, has an electóral college for the circuit.-3. Each department has an electoral college for the department.

Title II.

Of the Cantonal Assemblies. 4. The assembly of the canton is composed of all the citizens domiciliated in the canton, and inscribed on the commune lists of the circuit. From the epoch when the communal lists ought to be renewed in the terms of the constitution, the assembly of the canton shall be composed of all the citizens domiciliated in the canton, and enjoying the rights of citizenship.-5. The first consul nominates the president of the cantonal assembly. His functions continue for five years, and he may be reappointed indefinitely. He is assisted by four inspectors; two of

them being the oldest, and the other two the persons paying most taxes among the citizens having a right to vote in the cantonal assembly. he president and four inspectors appoint the secretary.-6. The assembly of the canton divides itself into sections for performing the operations belonging to it. At the first convocation of cach assembly, its organization and forms of proceeding shall he determined by a regulation issued by the government.-7. The president of the cantonal assembly appoints the presidents of the sections. Their functions terminate with each sectionary assen.bly. They are, each of them, assisted by two inspectors, the one being the oldest, and the other the most heavily taxed, of the citizens having a right to vote in the section.-8. The cantonal assembly returns two citizens out of whom the first consul chooses the justice of the peace for the canton. It, in like manner, returns two citizens for each vacant place of supleant to the justices of peace.-9. The justices of the peace and their suppleants are appointed for ten years. 10. In cities containing 5000 persons, the cantonal assembly presents two citizens for each seat in the municipal council. In cities where there may be several justices of the peace, or several cantonal assemblies, each assembly will, in like manner, present two citizens for each seat in the municipal council.-11. The members of the municipal council are taken by each cantonal assembly, from a list of a hundred of the persons paying most taxes in the canton. This list shall be executed and printed by order of the prefect.— 12. The municipal councils are renewed in the proportion of one half every ten years.-13. The first con

sul

sul chooses the mayors and assistants in the municipal councils, They are to be five years in office, and may be reappointed.-14. The cantonal assembly nominates to the electoral college of the circuit the number of members assigned to it, in proportion to the number of citizens of which it is composed.-15. It nominates to the electoral college of the department, from a list hereinafter referred to, the number of members assigned to it.-16. The members of the electoral colleges must be domiciliated in the respective circuits and departments.-17. The government convokes the cantonal assemblies, fixes the time of their sitting, and the object of their meeting.

Title III. Electoral Colleges.

18. The electoral colleges of the circuits have one member for every 500 domiciliated inhabitants of the circuit.---The number of members cannot, however, exceed 200, nor fall below 120.---19. The department electoral colleges have one member for every 1000 domiciliated Inhabitants in the department; but notwithstanding, these members cannot be more than 300, nor fewer than 200.---20. The members of the electoral colleges are appointed for life.-21. If a member of an elec'toral college is denounced to the government as having permitted any act contrary to the dictates of honour or the interests of the country, the government invites the college to manifest its opinion thereon. Three fourths of the votes are necessary to make a denounced member lose his place in the college.---22. A member loses his seat in the electoral colleges for the same cause which would deprive him of the rights of citizen

ship. He also loses when, without any legitimate obstruction, he absents himself from three successive meetings.---23. The first consul appoints the presidents of the electoral colleges on each session. The police of the electoral college when assembled is exclusively under the direction of the president.---24. The electoral colleges appoint, at the commencement of each session, two inspectors and a secretary.---25. In order to the formation of the electoral colleges of departments, there shall be drawn up in each department, under the orders of the minister of finance, a list of 600 citizens, who are most heavily assessed to the landtax, the tax on moveables, the tax on luxury, and the tax on licenses. To the amount of the contribution must be added in the department domicile, such sum as may be proved to be paid in other parts of the territory of France or the colonies. This list shall be printed.---26. The cantonal assembly will select from this list the members to be appointed to the electoral college of the department.---27. The first consul may add to the electoral colleges of circuit, ten members chosen from among the citizens belonging to the legion of honour, or who have performed public services. He may add to each electoral college of department twenty citizens, ten of whom to be taken from the thirty most heavily taxed in the department; and ten others, either from the members of the legion of honour, or citizens who have performed public services. He is not limited to precise periods in making these nominations.---28. The electoral colleges of circuit present to the first consul two citizens domiciliated in the circuit for each vacant scat in the

council

council of the circuit. Of those citizens, one at least must, of necessity, be chosen from among the members of the electoral college which appoints him. The councils of circuit are removed by thirds, once in five years.-29. The electoral colleges of circuit present at each meeting two citizens to form part of the list, from which are to be chosen the members of the tribunate. Of these citizens, one, at least, must necessarily belong to the college which presents him. Both of them may be chosen from persons not residing in the department.-30. The electoral colleges of the departments present to the first consul two citizens domiciliated in each department for every place vacant in the council general of the department. One of these citizens, at least, must necessarily be taken from the electoral college which presents him. The renovation of the councils general of the departments takes place by thirds every five years.31. The electoral colleges of the departments present at each meeting two citizens to form the list from which the members of the senate are named. One of them, at least, must necessarily be taken from the college which presents him, and they both may be taken from the department. They are to have the age and the qualifications prescribed by the constitution.-32. The electoral colleges of the departments and circuits present each two citizens domiciliated in the department, in order to form a list from which the members of the deputation to the legislative body are to be named. One of these citizens is necessarily to be taken from the college which presents him. There must be three times as many differ

ent candidates on the list formed by the combination of the presentations of the electoral colleges of the departments and circuits as there are vacant places. - 33. The same person may be a member of a council of commune and of an electoral college of circuit or department. The same person cannot, however, be at the same time a member of a college of circuit and college of department.-34. The members of the legislative body and of the tribunate cannot attend the sittings of the electoral college to which they belong. All the other public functionaries have a right to attend and to vote.-35. No cantonal assembly shall proceed to nominate to the places that belong to it in an electoral college, until these places are reduced to two thirds.-36. The electoral colleges can assemble only in consequence of an act of convocation emanating from the government, and in the places assigned to them. They can take a cognizance of the subjects only for which they are assembled, nor can they prolong their sittings beyond the time fixed by the act of convocation. If they exceed these limits, the government possesses the right of dissolving them.-37. The electoral colleges can neither directly nor indirectly, nor under any pretext whatsoever, hold any intercourse with each other. -38. The dissolution of an electoral body necessarily leads to the renewal of all its members. Title IV. Of the Consuls.

39. The consuls are for life. They are members of the senate, and act as presidents. -40. The second and third consuls are appointed by the senate on the presentation of the first. -41. For this purpose, when

any

any of the two places become vacant, the first consul presents to the senate a first person. If he is not appointed, he presents a second, and if the second is not accepted, he presents a third, who is of necessity appointed. -42. When the first consul thinks proper, he appoints a citizen to succeed him after his death, according to the forms prescribed in the preceding article.-43. The citizen appointed to succeed the first consul takes an oath to the republic, to be administered by the first consul, assisted by the second and third consals, in the presence of the senate, the ministers, the council of state, the legislative body, the tribunate, the tribunal of cassation, the archbishops, bishops, presidents of the tribunals of appeal, the presidents of the electoral colleges, the presidents of the cantonal assemblies, the grand officers of the legion of honour, and the mayors of the 24 principal cities of the republic. The secretary of state draws up the procès-verbal of the administration of the oath.-44. The oath is in these terms: "I swear to maintain the "constitution, to respect the liberty "of conscience, to oppose the re"turn of feudal institutions; never "to make war but for the defence " and glory of the republic; and not "to employ the power wherewith 1 "shall be invested, but for the hap"piness of the people, from whom " and for whom I shall have received "it."-45. Having taken this oath, he takes his seat in the senate immediately after the third consul.-46. The first consul may deposit, among the archives of government, his wish as to the nomination of a successor, to be presented to the senate after his death.-47. In this case, he summonses the attendance of the

second and third consuls, the mi nisters and presidents of the sections of the council of state. In their presence he delivers to the secretary of state the paper sealed with his seal, and in which his wish is recorded. This paper is subscribed by all those who were present at the transaction. The secretary of state deposits it among the archives of government in the presence of the ministers and presidents of the sections of the council of state. -48. The first consul may withdraw this deposit, observing the formalities prescribed in the preceding article.49. After the death of the first consul, if his choice has remained in deposit, the paper containing it is withdrawn from the achives of government by the secretary of state, in the presence of the ministers and presidents of the sections of the council of state, their authenticity and identity being a certained in the presence of the second and third consuls. It is addressed to the senate by a message from the government, with a copy of the procès-verbal, certifying the deposit, the identity, and authenticity.-50. If the person presented by the first consul is not appointed, the second and the third consuls present one each; in case of neither of these being nominated, they each make another presentation, and one of the two must of necessity be appointed. -51. If the first consul leaves no presentation, the second and third consuls make their presentations separate, one first, one second, and if neither obtains the nomination, they make a third, from which the senate must of necessity nominate.-52. In every case, the presentations and nomination must be completed within twenty-four hours after the death of the first

consul.

consul.-53. The law determines for the life of each first consul the state of the expenditure of govern

ment.

Title V.

Of the Senate.

54. The senate regulates, by an organic senatus consultum - 1st,The constitution of the colonies-2d, Every thing not provided for by the constitution, and which may yet be necessary to its operation-3d, It explains those articles of the constitution which admit of different interpretations. 55. The senate, by acts, entitled Senatus Consulta - 1st, suspends for five years the functions of juries in the departments where that measure may be necessary2d, Proclaims, when circumstances require it, certain departments out of the protection of the constitution-3d, Determines the time when the individuals arrested in virtue of the 46th article of the constitution, are to be brought before the tribunals, in such cases where they are not brought to trial in ten days from the period of their arrest-4th, Annuls the judgments of the civil and criminal tribunals when dangerous to the safety of the state5th, Dissolves the legislative body and tribunate-6th, Appoints the consuls. 56. The organic senatus consulta and ordinary senatus consulta are deliberated upon by the senate, on the initiative of the government. A simple majority suffices for a senatus consulta. Two thirds of the votes of the members present are necessary for an organic senatus consultum. -57. The projects of the senatus consultum, adopted in consequence of articles 54 and 55, are discussed in a privy council, composed of the consuls, two ministers, two senators, two

counsellors of state, and two-grand officers of the legion of honour. At each meeting the first consul appoints the members who are to compose the privy council. - 59. The first consul ratifies the treaties of peace and alliance, after taking the advice of the privy council. Before he promulgates them, he communicates them to the senate.— 59. The act of the nomination of a member of the legislative body, of the tribunate, and of the tribunal of cassation, is entitled arrêté. –60. The acts of the senate, relative to its police and internal administration, are entitled deliberation.–61. In the course of the year 11, he will proceed to the nomination of 14 citizens, to complete the number of 80 senators, fixed by the 15th article of the constitution. This nomination shall be made by the senate, on the presentation of the first consul, who shall, for that purpose, select three persons from the list of citizens chosen by the electorate colleges. -62. The members of the grand council of the legion of honour are members of the senate, whatever may be their age. -63. The first consul may besides nominate to the senate, without the previous presentation of the electoral colleges of the departments, citizens distinguished for their services and their talents, on these conditions, however, that they shall be of the age required by the constitution, and that the number of senators shall not exceed 120. –64. The senators may be consuls, ministers, members of the legion of honour, inspectors of public instruction, or employed on extraordinary and temporary missions.-65. The senate appoints each year two of its members to perform the duty of secretaries.

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