Page:The Constitutions and Other Select Documents Illustrative of the History of France, 1789-1907, Second Edition, Revised and Enlarged.pdf/302

This page has been proofread, but needs to be validated.
272
Constitution of the Year VIII

placing those of the enrolled who have died or are absent for any other cause than the exercise of a public function.

11. They can, at the same time, remove from the lists the enrolled whom they judge unfit to remain there, and replace them by other citizens in whom they have greater confidence.

12. No one is removed from a list except by the votes of the majority of the citizens who have the right to co-operate in its formation.

13. No one is removed from a list of eligibles by the mere fact that he is not kept upon another list of higher or superior degree.

14. Inscription upon a list of eligibles is necessary only with reference to those of the public officers for which that condition is expressly required by the constitution or the law. The list of eligibles shall be formed for the first time during the course of the Year IX.

Citizens who shall be selected for the first formation of the constituted authorities, shall form a necessary part of the first lists of eligibles.

Title II. Of the Conservative Senate.

15. The Conservative Senate is composed of eighty members, irremovable and for life, of at least forty years of age.

For the formation of the Senate, there shall at first be chosen sixty members: that number shall be increased to sixty-two in the course of the Year VIII, to sixty-four in the Year IX, and it shall thus be gradually increased to eighty, by the addition of two members in each of the first ten years.

16. Appointment to the place of senator is made by the Senate, which chooses among three candidates presented, the first by the Legislative Body, the second by the Tribunate, the third by the First Consul.

It chooses between only two candidates if one of them is proposed by two of the three presenting authorities: it is required to admit that one who may be proposed at the same time by the three authorities.

17. The First Consul, upon leaving his place, either by expiration of his office or by resignation, becomes a senator ipso facto and necessarily.

The other two consuls, during the month following the