Councillors of State, and two grand officers of the Legion of Honor.

The First Consul designates at each sitting the members who shall compose the privy council.

58. The First Consul ratifies treaties of peace and alliance, after having taken the opinion of the privy council.

Before promulgating them, he gives notice of them to the Senate.

59. The decree of appointment of a member of the CorpsLegislatif, the Tribunate, and the Tribunal of Cassation is entitled arrete.

60. The decrees of the Senate relative to its police and its internal administration are entitled deliberations.

61. In the course of the Year XI appointments shall be made of the forty citizens to complete the number of the eighty senators fixed by article 15 of the Constitution.

These appointments shall be made by the Senate, upon the presentation of the First Consul, who, for this presentation and for the further presentations within the number of eighty, takes three persons from the list of citizens prepared by the electoral colleges.

62. The members of the grand council of the Legion of Honor are members of the Senate, whatever may be their ages.

63. The First Consul can, in addition, appoint to the Senate, without previous presentation by the department electoral colleges, citizens distinguished by their services and their talents, on condition, nevertheless, that they shall be of the age required by the Constitution, and that the number of senators shall in no case exceed one hundred and twenty.

64. The senators can be Consuls, ministers, members of the Legion of Honor, inspectors of public instruction, and employees in extraordinary and temporary missions.

The Senate appoints each year two of its members to fill the functions of secretaries.

65. The Ministers have seats in the Senate, but without deliberative voice unless they are Senators.

TITLE VI. OF THE COUNCILLORS OF STATE.

66. The Councillors of State shall never exceed the number of fifty.

67. The Council of State is divided into sections.

68. The ministers have rank, seats and deliberative voice in the Council of State.

TITLE VII. OF THE CORFS-LEGISLATIF.

69. Each department shall have in the Corps-Legislatif a number of members proportionate to the extent of its population in conformity with the appended table.

70. All members of the Corps-Legislatif belonging to the same deputation are appointed at the same time.

71. The departments of the Republic are divided into five series, in conformity with the appended table.

72. The present deputies are classed in the five series.

73. They shall be renewed in the year to which shall belong the series in which the department shall be placed to which they shall have been attached.

74. Nevertheless, the deputies who have been appointed in the Year X shall complete their five years.

75. The Government convokes, adjourns and prorogues the Corps-Legislatif.

TITLE VIII. OF THE TRIBUNATE,

76. Dating from the Year XIII, the Tribunate shall be reduced to fifty members.

Half of the fifty shall retire every third year. Until this reduction, the retiring members shall not be replaced.

The Tribunate is divided into sections.

77. The Corps-Legislatif and the Tribunate are renewed in their whole membership when the Senate has decreed their dissolution.

TITLE IX. OF JUSTICE AND THE TRIBUNALS.

78. There is a high-judge minister of justice.

79. He has a distinguished place in the Senate and the Council of State.

80. He presides over the Tribunal of Cassation and the tribunals of appeal, when the Government thinks it desirable.

81. He has the right of surveillance and reproof over the tribunals, the members who compose them, and the justices of the peace.

82. The Tribunal of Cassation, presided over by him, has the right of censure and discipline over the tribunals of appeal and the criminal tribunals: it can, for grave cause, suspend

the judges from their functions, and cite them before the high judge, in order to there render account of their conduct.

83. The tribunals of appeal have the right of surveillance over the civil tribunals of their jurisdiction, and the civil tribunals over the justices of the peace of their district.

84. The commissioner of the Government to the Tribunal of Cassation supervises the commissioners to the tribunals of appeal and the criminal tribunals.

The commissioners to the tribunals of appeal supervise the commissioners to the civil tribunals.

85. The members of the Tribunal of Cassation are appointed by the Senate, upon the presentation of the First Consul.

The First Consul presents three persons for each vacant place.

TITLE X. RIGHT OF PARDON,

86. The First Consul has the right to pardon.

He exercises it after having heard in a privy council the high-judge, two ministers, two senators, two Councillors of State, and two judges of the Tribunal of Cassation.

[The appended tables are omitted.]

67. Law for Organizing the Legion of Honor.

May 19, 1802 (29 Floréal, Year X). Duvergier, Lois, XIII, 199-200.

This law created one of the most enduring and characteristic of the institutions of Napoleon. It still exists and membership is highly prized. The provisions in relation to the admission of members and the oath of the Legion should be particularly noticed.

REFERENCES. Rose, Napoleon, I, 262-265; Sloane, Napoleon, II, 158-159; Lanfrey, Napoleon, II, 231-234; Lavisse and Rambaud, Histoire Generale, IX, 31-32.

TITLE !. CREATION AND ORGANIZAHON OF THE LEGION OF

HONOR.

I. In fulfillment of article 87 of the constitution, concerning military rewards, and in order also to reward civil services and virtues, there shall be formed a Legion of Honor.

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2. This legion shall be composed of a grand council of administration and fifteen cohorts, each of which shall have its own headquarters.

3. National lands providing two hundred thousand francs of income shall be appropriated for each cohort.

4. The grand council of administration shall be composed of seven grand officers, to wit: the three Consuls, and four other members, one of whom shall be appointed from among the senators by the Senate, another from among the members of the Corps-Legislatif by the Corps-Legislatif, another from among the members of the Tribunate by the Tribunate, and, lastly, one from among the Councillors of State by the Council of State. The members of the grand council of administration shall retain during their lives the title of grand officer, even though they may be replaced as the result of new elections.

5. The First Consul is ex-officio head of the Legion and president of the grand council of administration.

6. Each cohort shall be composed of seven grand officers, twenty commandants, thirty officers, and three hundred and fifty legionaries.

Memberships in the Legion are for life.

7. There shall be appropriated for each grand officer five thousand francs;

For each commandant, two thousand francs;

For each officer, a thousand francs;

For each legionary, two hundred and fifty francs.

These stipends shall be taken from the lands appropriated for each cohort.

8. Each person admitted to the Legion shall swear upon his honor to devote himself to the service of the Republic, to the preservation of its territory in its integrity, to the defence of its Government, its laws and the properties which they have consecrated; to combat with all the means that justice, reason and the laws authorise, every undertaking having a tendency to re-establish the feudal régime, or to reproduce the titles and qualities which were symbolical of it; lastly, to assist with all his power in the maintenance of liberty and equality. 9.

There shall be established in each head-quarters of a cohort a hospital and dwellings to receive either the members

of the Legion whose age, infirmities or wounds may have made it impossible for them to serve the State, or the military men who, after having been wounded in the war for liberty, may find themselves in need.

1. All military men who have received arms of honor are members of the Legion.

The military men who have rendered important services to the State in the war for liberty;

The citizens who by their knowledge, their talents or their virtues, have contributed to the establishment or defence of the principles of the Republic, or have made justice or the public administration loved and respected shall be eligible for appointment.

2. The grand council of administration shall appoint the members of the Legion.

3. During the ten years of peace which shall follow the first formation, the places which become vacant shall remain vacant to the extent of a tenth, and in succession to the extent of a fifth. These places shall be filled only at the end of the first campaign.

4. In times of war there shall be no appointments to vacant places except at the end of each campaign.

5. In times of war distinguished acts shall furnish a title for all the grades.

6. In times of peace one must have had twenty-five years of military service in order to be appointed a member of the Legion; the years of service in time of war shall count double and each campaign of the last war shall count for four years.

7. Great services rendered to the State in legislative functions, diplomacy, administration, justice or the sciences, shall also be titles for admission, provided the person who shall have rendered them has made part of the National Guard of the place of his domicile.

8. After the first organization, no one can be admitted into the Legion who has not performed his functions for twentyfive years with the requisite distinction.

9. After the first organization, no one can advance to a higher grade except after having passed through the lower grade.