French Senatus-Consultum of November 7, 1852

French Senatus-Consultum of 7 November 1852  (1852) 
by Senate of the Second French Republic

This is the French Senatus-Consultum of 7 November 1852, as it appeared in the third revised edition (1883) of Francis Lieber's On Civil Liberty and Self-Government

senatus-consultum. Proposition to modify the Constitution, in conformity with Articles 31 and 32.

Art. 1. The imperial dignity is re-established. Louis Napoleon Bonaparte is emperor, under the name of Napoleon III.

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

Art. 3. Louis Napoleon Bonaparte, in default of a male child, may adopt the children and legitimate descendants in the male line of the brothers of Napoleon I.

The forms of adoption shall be regulated by a senatus-consultum.

If, after the adoption, male children of Louis Napoleon shall be born, his adoptive sons cannot succeed him, except after his own legitimate descendants.

The successors of Louis Napoleon, and their descendants, cannot adopt.

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

Art. 5. In default of any legitimate or adoptive heir of Louis Napoleon Bonaparte, and of successors in collateral line who may derive their right from the organic decree above mentioned, a senatus-consultum, proposed to the senate by the ministers, formed into a council of government, with the addition of the actual presidents of the senate, the legislative corps, and of the council of state, and submitted for adoption to the people, appoints the emperor, and regulates in his family the hereditary order from male to male, to the perpetual exclusion of women and their descendants.

Until the election of the new emperor shall be consummated, the affairs of the state are governed by the actual ministers, who shall form themselves into a council of government and deliberate by a majority of votes.

Art. 6. The members of the family of Louis Napoleon eventually called to succeed him, and their descendants of both sexes, form a part of the imperial family. A senatus-consultum regulates their position. They cannot marry without the authorization of the emperor. Their marriage without this authorization deprives of the right of inheritance as well him who contracts the marriage as his descendants.

Nevertheless, if there are no children of such a marriage, and the wife dies, the prince having contracted such a marriage recovers his right of inheritance.

Louis Napoleon fixes the titles and the condition of the other members of his family.

The emperor has plenary authority over all the members of his family. He regulates their duties and their obligations by statutes which have the force of laws.

Art. 7. The constitution of the 15th of January, 1852, is maintained in all those dispositions which are not contrary to the present senatus-consultum; it cannot be modified except in the forms and by the means there prescribed.

Art. 8. The following proposition shall be presented for the acceptation of the people in the forms determined by the decrees of the 2d and 4th of December, 1851:

The people wills the re-establishment of the imperial dignity in the person of Louis Napoleon Bonaparte, with inheritance in direct legitimate or adoptive descendants, and gives him the right to regulate the order of succession to the throne in the Bonaparte family in the manner described in the senatus-consultum of the 7th of November 1852.

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