Part 5

Since we were called, fifteen years ago, by the wishes of France, to the government of the empire, we have sought to bring to perfection, at different periods, the forms of the constitution, according to the wants and desires of the nation, and profiting by the lessons of experience.

Thus the constitution of the empire has been formed by a series of acts, which have been invested with the acceptance of the people. We had then for our object, to organize a grand European federal system, which we had adopted as conformable to the spirit of the age, and favourable to the progress of civilization. To effect its completion, and give it all the extension and stability, of which it is susceptible, we had adjourned the establishment of several domestic institutions, more particularly designed to protect the liberty of the citizens. Our object is nothing more henceforward, than to increase the prosperity of France by the confirmation of public liberty; whence results the necessity of several important modifications of the constitution, the decrees of the senate, and other acts, by which this empire is governed.

For these reasons, willing, on the one hand, to retain whatever is good and salutary of the past, and on the other to render the constitution of our empire conformable in every respect to the wishes and wants of the nation, as well as to that state of peace, which we are desirous of maintaining with Europe, we have resolved, to propose to the people a series of arrangements, tending to modify and improve its acts, to surround the rights of citizens with all their guarantees, to give to the representative system its full extent, to invest the intermediate bodies with the respectability and powers that are desirable; in a word, to combine the highest degree of political liberty, and personal security, with the strength and concentration necessary, to render the independence of the French people, and the dignity of our crown, respected by foreigners: in consequence, the following articles, forming an act supplementary to the constitution of the empire, will be submitted to the free and solemn acceptance of all the citizens, throughout the whole extent of France.

HEAD I.

General provisions.

ART. 1. The constitution of the empire, consisting of the constitutional act of the 22d of Frimaire, year 8; of the decrees of the senate of the 14th and 16th of Thermidor, year 10; and of that of the 28th of Floreal, year 12; will be modified by the provisions following: all the rest of their provisions are maintained and confirmed.

ART. 2. The legislative power is exercised by the Emperor and by two chambers.

ART. 3. The first chamber, styled the chamber of peers, is hereditary.

ART. 4. The Emperor names its members, who are irremovable, they and their male descendants, from eldest to eldest, in direct descent. The number of peers is unlimited. Adoption does not transmit the dignity of the peerage to the person adopted. The peers take their seats at the age of twenty-one; but have no deliberative voice before the age of twenty-five.

ART. 5. The chamber of peers has for its president the archchancellor of the empire, or, in the case provided for by article 5 of the decree of the senate of the 28th of Floreal, year 12, by one of the members of the chamber appointed by the Emperor.

ART. 6. The members of the imperial family, in hereditary succession, are peers by right. They are seated next to the president. They take their seats at the age of eighteen, but have no deliberative voice before the age of twenty-one.

ART. 7. The second chamber, styled the chamber of representatives, is elected by the people.

ART. 8. The members of this chamber are to the number of six hundred and twenty-nine: they must be twenty-five years of age at least.

ART. 9. The president of the chamber of representatives is appointed by the chamber at the opening of the session. He remains in office, till the chamber is renewed. His appointment is submitted to the approbation of the Emperor.

ART. 10. The chamber of representatives verifies the powers of its members, and decides on the validity of contested elections.

ART. 11. The members of the chamber of representatives receive for travelling expenses, and during the session, the indemnity decreed by the constituent assembly.

ART. 12. They are re-eligible without limit.

ART. 13. The chamber of representatives is entirely renewed, of right, every five years.

ART. 14. No member of either chamber can be arrested, except in case of being taken in the fact of committing a crime; or prosecuted for a criminal or correctional cause, during the sessions, except in consequence of a resolution of the chamber to which he belongs.

ART. 15. No one can be arrested or detained for debt, from the time of convening the meeting till forty days after the session.

ART. 16. The peers are to be tried by their own chamber in criminal or correctional cases, according to the forms prescribed by the law.

ART. 17. The quality of peer and of representative is compatible with all public functions, except those that are responsible (comptables).

All prefects and subprefects are not eligible by the electoral college of the department or circle (arrondissement), for which they are serving.

ART. 18. The Emperor sends to the chambers the ministers of state, and counsellors of state, who sit, and take a part in the discussions, but have no deliberative voice, unless they are members of the chamber, either as peers or being elected by the people.

ART. 19. The ministers, who are members of the chamber of peers, or of that of representatives, or who sit in consequence of being sent by the government, will give the chambers the information deemed necessary, when making it public does not compromise the interests of the state.

ART. 20. The sittings of both chambers are public. Nevertheless, they may resolve themselves into secret committees; the chamber of peers on the demand of ten members, that of deputies on the demand of twenty-five. The government also may demand secret committees for any communications it may have to make. In all cases deliberations and votes can take place only in a public sitting.

ART. 21. The Emperor may prorogue, adjourn, or dissolve, the chamber of representatives. The proclamation, that pronounces the dissolution, convokes the electoral colleges for a new election, and indicates the re-assembling of representatives in six months at the latest.

ART. 22. During the interval between the sessions of the chamber of representatives, or in case of the dissolution of this chamber, the chamber of peers cannot assemble.