Let thanks for this be rendered to the intelligent and patriotic population of Paris! Let it persuade itself more and more that my only ambition is to assure the repose and prosperity of France.

Let it continue to lend its assistance to authority, and soon the country will be able to carry through with calmness the solemn act which must inaugurate a new era for the Republic.

112.

January 14, 1852.

Constitution of 1852.

Duvergier, Lois, LII, 19-27.

This constitution was prepared and promulgated by Louis Napoleon in conformity with the authorisation given him by the plebiscite of December 20, 1851 (see No. 111 D). As a whole it should be compared with its model, the Constitution of the Year VIII (No. 58). Numerous features of it may also be compared with the preceding constitutions, especially those of 1802, 1804, 1830 and 1848 (Nos. 66 E, 70, 105, 110). Features of it which seem to indicate a speedy reappearance of the Empire should be particularly noticed.

REFERENCES. Seignobos, Europe Since 1814, 171-172; Andrews, Modern Europe, II, 151-153; Dickinson, Revolution and Reaction in Modern France, 228-229: Lavisse and Rambaud, Histoire Gencrale, XI, 35.

The President of the Republic,
Considering.

.

[The omitted paragraphs recite the resolution submitted to the people, and the five bases for a constitution accepted at the same time, see p. 540];

Considering that the people have responded in the affirmative by seven million one hundred thousand votes,

Promulgates the Constitution of which the tenor follows:

TITLE I.

1. The Constitution recognizes, confirms and guarantees the great principles proclaimed, in 1789, and which are the basis of the public law of the French.

TITLE II. FORM OF THE GOVERNMENT OF THE REPUBLIC.

2. The government of the French Republic is confided for ten years to Prince Louis-Napoleon Bonaparte, now President of the Republic.

3. The President of the Republic governs by means of the

ministers, the Council of State, the Senate and the CorpsLegislatif.

4. The legislative power is exercised by the President of the Republic, the Senate, and the Corps-Legislatif collectively.

TITLE III. OF THE PRESIDENT OF THE REPUBLIC.

5. The President of the Republic is responsible before the French people, to whom he has always the right to make appeal.

6. The President of the Republic is the Head of the State; he commands the land and sea forces, declares war, makes treaties of peace, alliance and commerce, appoints to all the offices, and makes the regulations and decrees necessary for the execution of the laws.

7. Justice is administered in his name.

8. He alone has the proposal of the laws.

9. He has the right to grant pardons.

IO.

He sanctions and promulgates the laws and the senatus-consulta.

II. He presents every year to the Senate and the CorpsLegislatif, by a message, the condition of the affairs of the Republic.

12. He has the right to declare the state of siege in one or several departments, provided that he reports it to the Senate with the least possible delay.

The results of the state of siege are regulated by law.

13. The ministers are subject to the Head of the State only; they are not responsible for the acts of the government except each in that which concerns him; there is no solidarity among them; they can be accused only by the Senate.

14. The ministers, the members of the Senate, the CorpsLegislatif, the Council of State, the officers of the army and the navy, the magistrates and the public functionaries take the following oath:

I swear obedience to the Constitution and fidelity to the President.

15. A senatus-consultum fixes the sum annually allowed to the President of the Republic for the entire duration of his functions.

16. If the President of the Republic dies before the ex

piration of his commission, the Senate convokes the nation in order to proceed to a new election.

17. The Head of the State has the right, by a secret act deposited in the archives of the Senate, to designate the name of the citizen whom he recommends, in the interest of France, to the confidence of the people and for their votes.

18. Until the election of the new President of the Republic, the President of the Senate governs with the assistance of the ministers in office, who organize themselves into a council of government and act by the majority of votes.

TITLE IV. OF THE SENATE.

19. The number of senators cannot exceed one hundred and fifty: it is fixed for the first year at eighty.

20. The Senate is composed: 1st, of the cardinals, marshals and admirals; 2d, of the citizens whom the President of the Republic sees fit to elevate to the dignity of senator.

21.

The senators are irremovable and for life.

22. The services of a senator are gratuitous; nevertheless the President of the Republic can grant to senators, by reason of services rendered and the condition of their fortunes, a personal allowance, which cannot exceed thirty thousand francs per annum.

23. The President and the Vice-Presidents of the Senate are appointed by the President of the Republic and are chosen from among the senators.

They are appointed for one year.

The stipend of the President of the Senate is fixed by a decree.

24. The President of the Republic convokes and prorogues the Senate. He fixes the duration of its sessions by a decree.

The sittings of the Senate are not public.

25. The Senate is the guardian of the fundamental compact and of the public liberties. No law can be promulgated until after having been submitted to it.

26. The Senate opposes the promulgation,

Ist. Of laws which contravene or constitute an attack upon the Constitution, religion, morality, freedom of worship, personal liberty, equality of the citizens before the law, the in

violability of property and the principle of the irremovability of the magistracy;

2d. Of those which can compromise the defence of the ter

ritory.

27.

The Senate regulates by a senatus-consultum ;

Ist. The Constitution of the colonies and of Algeria; 2d. Everything that has not been provided for by the Constitution and which is necessary for its operation;

3d. The meaning of the articles of the Constitution which occasion different interpretations.

28. These senatus-consulta shall be submitted to the sanction of the President of the Republic and shall be promulgated by him.

29. The Senate allows or annuls all the acts which are subnitted to it by the Government as unconstitutional or are denounced, for the same reason, by the petitions of citizens.

30. The Senate can, in a report addressed to the President of the Republic, propose the bases of proposals for laws of great national interest.

31. It can likewise propose alterations in the Constitution." If the proposal is adopted by the executive power, it is enacted by a senatus-consultum.

32. Nevertheless every alteration in the fundamental bases of the Constitution, as they have been set forth in the proclamation of December 2 [1851], and adopted by the French people, shall be submitted to universal suffrage.

33. In case of the dissolution of the Corps-Legislatif, and until a new convocation, the Senate, upon the proposal of the President of the Republic, provides by measures of urgency for whatever is necessary for the operation of the Government.

TITLE V. OF THE CORPS-LEGISLATIF.

34. Population is the basis for elections.

35. There shall be one deputy to the Corps-Legislatif for every thirty-five thousand electors.

36. The deputies are elected by universal suffrage without scrutin de liste.

37. They do not receive any stipend.

38. They are selected for six years.

39. The Corps-Legislatif discusses and votes upon proposals for laws and upon taxation.

40. Every amendment adopted by the commission charged to examine a proposal for a law shall be sent back, without discussion, to the Council of State by the President of the Corps-Legislatif.

If the amendment is not adopted by the Council of State, it cannot be submitted to the consideration of the Corps-Legislatif.

41. The regular sessions of the Corps-Legislatif continue for three months; its sittings are public; but the request of five members is sufficient for it to form itself into secret committee.

42. The report of the sessions of the Corps-Legislatif by newspapers or any other means of publication shall consist only in the reproduction of the minutes drawn up at the close of each session under the direction of the President of the Corps-Legislatif.

43. The president and the Vice-Presidents of the CorpsLegislatif are appointed by the President of the Republic for one year; they are chosen from among the deputies. The stipend of the President of the Corps-Legislatif is fixed by a decree.

44. The ministers cannot be members of the Corps-Legislatif.

45. The right of petition is exercised before the Senate. No petition can be addressed to the Corps-Legislatif.

46. The President of the Republic convokes, adjourns, prorogues and dissolves the Corps-Legislatif. In case of dissolution, the President of the Republic must convoke it anew within a period of six months.

TITLE VI. OF THE COUNCIL OF STATE.

47. The number of Councillors of State in regular service is from forty to fifty.

48. The Councillors of State are appointed by the President of the Republic, and are dismissible by him.

49. The Council of State is presided over by the President of the Republic, and in his absence by the person whom he designates as Vice-President of the Council of State.

50. The Council of State is charged, under the direction of the President of the Republic, to draw up the proposals