The Constitutions and Other Select Documents Illustrative of the History of France 1789-1907

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Date: 1834

World History

D. Senatus-Consultum Upon the Empire.

November 7, 1852. Duvergier, Lois, LII, 680–682.

Duvergier, J. B., et al. Collection complète des lois, decrets, ordonnances, reglements, avis du Conseil d’État. Second ed. of vols. 1–31 inclusive. First ed., 32— Paris 1834–.

The Senate has deliberated, in conformity with articles 31 and 32 of the constitution, and voted the senatus-consultum whose tenor follows:

1. The imperial dignity is re-established.

Louis-Napoleon Bonaparte is Emperor of the French, under the name of Napoleon III.

2. The imperial dignity is hereditary in the direct and legitimate descendants of Louis-Napoleon Bonaparte, from male to male, by order of primogeniture, and to the perpetual exclusion of women and their descendants.

3. Louis-Napoleon Bonaparte, if he has no male children can adopt legitimate children and descendants in the masculine line of the brothers of the Emperor Napoleon I.

The forms of adoption are regulated by a senatus-consultum.

If, after the adoption, male children should come to Louis-Napoleon, his adopted sons can be called to succeed him only after his legitimate descendants.

Adoption is forbidden to the successors of Louis-Napoleon and their descendants.

4. Louis-Napoleon Bonaparte regulates, by an organic decree addressed to the Senate and deposited in its archives, the order of succession to the throne within the Bonaparte family, for the case that he should not leave any direct heir, legitimate or adopted.

5. In default of a legitimate or adopted heir of Louis-Napoleon Bonaparte, and of successors in the collateral line who shall take their right in the above mentioned organic decree, a senatus-consultum, proposed to the Senate by the ministers formed into council of government with the addition of acting presidents of the Senate, the Legislative Body and the Council of State, and submitted to the acceptance of the people, appoints the Emperor and regulates within his family the hereditary order from male to male, to the perpetual exclusion of women and their descendants.

Up to the moment at which the election of the new Emperor is consummated, the affairs of state are controlled by the ministers on duty, who form themselves into council of government and deliberate by majority of votes.

6. The members of the family of Louis-Napoleon Bonaparte summoned eventually to the inheritance and their descendants of both sexes, form part of the imperial family. A senatus-consultum regulates their position. They cannot marry without the authorisation of the Emperor. Marriage made by them without that authorisation involves loss of all right to the inheritance, both for the one who has contracted it and for his descendants.

Nevertheless, if there are no children from that marriage, in case of its dissolution because of death, the prince who had contracted it recovers his rights to the inheritance.

Louis-Napoleon Bonaparte fixes the titles and the station of the other members of his family.

The Emperor has full authority over all members of his family; he regulates their duties and their obligations by statutes which have the force of law.

The constitution of January 14, 1852, is maintained in all those of its provisions which are not contrary to the present senatus-consultum; modifications in it can be effected only in the forms and by the means which it has provided.

8. The following proposition shall be presented for the acceptance of the French people in the forms fixed by the decrees of December 2 and 4, 1851.

"The French people wish the re-establishment of the imperial dignity in the person of Louis-Napoleon Bonaparte, with inheritance in his direct descendants, legitimate or adopted, and give to him the right to regulate the order of succession, to the throne within the Bonaparte family, as is provided for by the senatus-consultum of November 7, 1852."

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Chicago: Duvergier, J. B., ed., "D. Senatus-Consultum Upon the Empire.," The Constitutions and Other Select Documents Illustrative of the History of France 1789-1907 in The Constitutions and Other Select Documents Illustrative of the History of France 1789-1907, ed. Frank Maloy Anderson (New York: Russell Russell, 1908), 560–561. Original Sources, accessed January 21, 2020, http://www.originalsources.com/Document.aspx?DocID=4L5RWM26HXMC7WC.

MLA: . "D. Senatus-Consultum Upon the Empire." The Constitutions and Other Select Documents Illustrative of the History of France 1789-1907, edited by Duvergier, J. B., Vol. LII, in The Constitutions and Other Select Documents Illustrative of the History of France 1789-1907, edited by Frank Maloy Anderson, New York, Russell Russell, 1908, pp. 560–561. Original Sources. 21 Jan. 2020. www.originalsources.com/Document.aspx?DocID=4L5RWM26HXMC7WC.

Harvard: (ed.), 'D. Senatus-Consultum Upon the Empire.' in The Constitutions and Other Select Documents Illustrative of the History of France 1789-1907. cited in 1908, The Constitutions and Other Select Documents Illustrative of the History of France 1789-1907, ed. , Russell Russell, New York, pp.560–561. Original Sources, retrieved 21 January 2020, from http://www.originalsources.com/Document.aspx?DocID=4L5RWM26HXMC7WC.