deposit
in the State archives his proposal as to his successor: if the Senate
rejected this proposal, the second and third Consuls made a
suggestion; and if it were rejected, one of the two whom they
thereupon named must be elected by the Senate. The three legislative
bodies lost practically all their powers, those of the _Corps
Legislatif_ going to the Senate, those of the Council of State to an
official Cabal formed out of it; while the Tribunate was forced to
_debate secretly in five sections_, where, as Bonaparte observed,
_they might jabber as they liked_.
On the other hand, the attributes of the Senate were signally
enhanced. It was thenceforth charged, not only with the preservation
of the republican constitution, but with its interpretation in
disputed points, and its completion wherever it should be found
wanting. Furthermore, by means of organic _senatus consulta_ it was
empowered to make constitutions for the French colonies, or to suspend
trial by jury for five years in any Department, or even to declare it
outside the limits of the constitution. It now gained the right of
being consulted in regard to the ratification of treaties, previously
enjoyed by the _Corps Legislatif._ Finally, it could dissolve the
_Corps Legislatif_ and the Tribunate. But this formidable machinery
was kept under the strict control of the chief engineer: all these
powers were set in motion on the initiative of the Government; and the
proposals for its laws, or _senatus consulta,_ were discussed in the
Cabal of the Council of State named by the First Consul. This
precaution might have been deemed superfluous by a ruler less careful
about details than Napoleon; the composition of the Senate was such as
to assure its pliability; for though it continued to renew its ranks
by co-optation, yet that privilege was restricted in the following
way: from the lists of candidates for the Senate sent up by the
electoral colleges of the Departments, Napoleon selected three for
each seat vacant; one of those three must be chosen by the Senate.
Moreover, the First Consul was to be allowed directly to nominate
forty members in addition to the eighty prescribed by the constitution
of 1799. Thus, by direct or indirect means, the Senate soon became a
strict Napoleonic preserve, to which only the most devoted adherents
could aspire. And yet, such is the vanity of human efforts, it was
this very body which twelve years later was to vote his
deposition.
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