Constitution of the Year VIII
Encyclopedia
The Constitution of the Year VIII was a national constitution
of France
, adopted December 24, 1799 (during the Year VIII of the French Revolutionary Calendar), which established the form of government known as the Consulate
. The coup
of 18 Brumaire
(November 9, 1799) effectively gave all power to Napoleon Bonaparte, and in the eyes of some, ended the French Revolution
.
After the coup, Napoleon and his allies legitimized his position by creating the "short and obscure Constitution of the Year VIII" (as Malcolm Crook
has called it).
The constitution tailor-made the position of First Consul to give Napoleon most of the powers of a dictator
. It was the first constitution since the Revolution without a Declaration of Rights.
The executive power was vested in three Consuls, but all actual power was held by the First Consul, Bonaparte. This was no longer Robespierre's
Republic
, which was more radical
, or the oligarchic liberal
Republic of the Directory
, but the autocratic Roman Republic
of Caesar Augustus, a Conservative
Republic
, which reminded the French of stability, order, and peace. To emphasize this, Napoleon used classical Roman
terms in the Constitution: Consul
, Senator
, Tribune
.
The Constitution of Year VIII established a legislature of three houses, which was composed of: a Conservative Senate
of 80 men over the age of 40, a Tribunat
e of 100 men, and a Legislative Body (Corps législatif
) of 300 men.
The Constitution also used the term “notables.” The term “notables” was a common usage under the monarchy; every Frenchman understood it, and it was comforting. It referred to prominent, "distinguished" men: landholders, merchants, scholars, professionals, clergymen, officials. The people in each district chose a slate of "notables" by popular vote. The First Consul, Tribunate, and Corps Législatif each nominated one Senatorial candidate to the rest of the Senate, which chose one candidate from among the three. Once all of its members were picked, it would then appoint the Tribunate, the Corps Législatif, the judges of cassation, and the commissioners of accounts from the slate of notables.
Napoleon held a plebiscite on the Constitution
in December. The vote was not binding, but it allowed Napoleon to maintain a veneer of democracy. The vote was 3,000,000 in favor, and 1,500 against.
This Constitution was amended, first, by the Constitution of the Year X
, which made Napoleon First Consul for Life, more extensively altered by the Constitution of the Year XII
which established the Bonaparte dynasty with Napoleon as a hereditary Emperor, abolished by the first, brief Bourbon Restoration
of 1814, revived and at once virtually replaced by the so-called "Additional Act"
of April 1815 promulgated on Napoleon's brief return; and definitively abolished by the return of Louis XVIII
later in 1815 (following the Hundred Days
). The Napoleonic constitutions were then completely replaced by the Charter of 1814
.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, adopted December 24, 1799 (during the Year VIII of the French Revolutionary Calendar), which established the form of government known as the Consulate
French Consulate
The Consulate was the government of France between the fall of the Directory in the coup of 18 Brumaire in 1799 until the start of the Napoleonic Empire in 1804...
. The coup
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
of 18 Brumaire
18 Brumaire
The coup of 18 Brumaire was the coup d'état by which General Napoleon Bonaparte overthrew the French Directory, replacing it with the French Consulate...
(November 9, 1799) effectively gave all power to Napoleon Bonaparte, and in the eyes of some, ended the French Revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
.
After the coup, Napoleon and his allies legitimized his position by creating the "short and obscure Constitution of the Year VIII" (as Malcolm Crook
Malcolm Crook
Malcolm Crook is Professor of French history at Keele University and is editor of the journal French History.He is also a trustee of the Historical Association and The Society for the Study of French History.-Bibliography:...
has called it).
The constitution tailor-made the position of First Consul to give Napoleon most of the powers of a dictator
Dictator
A dictator is a ruler who assumes sole and absolute power but without hereditary ascension such as an absolute monarch. When other states call the head of state of a particular state a dictator, that state is called a dictatorship...
. It was the first constitution since the Revolution without a Declaration of Rights.
The executive power was vested in three Consuls, but all actual power was held by the First Consul, Bonaparte. This was no longer Robespierre's
Maximilien Robespierre
Maximilien François Marie Isidore de Robespierre is one of the best-known and most influential figures of the French Revolution. He largely dominated the Committee of Public Safety and was instrumental in the period of the Revolution commonly known as the Reign of Terror, which ended with his...
Republic
National Convention
During the French Revolution, the National Convention or Convention, in France, comprised the constitutional and legislative assembly which sat from 20 September 1792 to 26 October 1795 . It held executive power in France during the first years of the French First Republic...
, which was more radical
Political radicalism
The term political radicalism denotes political principles focused on altering social structures through revolutionary means and changing value systems in fundamental ways...
, or the oligarchic liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
Republic of the Directory
French Directory
The Directory was a body of five Directors that held executive power in France following the Convention and preceding the Consulate...
, but the autocratic Roman Republic
Principate
The Principate is the first period of the Roman Empire, extending from the beginning of the reign of Caesar Augustus to the Crisis of the Third Century, after which it was replaced with the Dominate. The Principate is characterized by a concerted effort on the part of the Emperors to preserve the...
of Caesar Augustus, a Conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
Republic
Republicanism
Republicanism is the ideology of governing a nation as a republic, where the head of state is appointed by means other than heredity, often elections. The exact meaning of republicanism varies depending on the cultural and historical context...
, which reminded the French of stability, order, and peace. To emphasize this, Napoleon used classical Roman
Ancient Rome
Ancient Rome was a thriving civilization that grew on the Italian Peninsula as early as the 8th century BC. Located along the Mediterranean Sea and centered on the city of Rome, it expanded to one of the largest empires in the ancient world....
terms in the Constitution: Consul
Consul
Consul was the highest elected office of the Roman Republic and an appointive office under the Empire. The title was also used in other city states and also revived in modern states, notably in the First French Republic...
, Senator
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...
, Tribune
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...
.
The Constitution of Year VIII established a legislature of three houses, which was composed of: a Conservative Senate
Sénat conservateur
The Sénat conservateur was a body set up in France during the Consulate by the Constitution of the Year VIII. With the Tribunat and the Corps législatif, it formed one of the three legislative assemblies of the Consulate...
of 80 men over the age of 40, a Tribunat
Tribunat
The Tribunat was one of the four assemblies set up in France by the Constitution of Year VIII . It was set up officially on 1 January 1800 at the same time as the...
e of 100 men, and a Legislative Body (Corps législatif
Corps législatif
The Corps législatif was a part of the French legislature during the French Revolution and beyond. It is also the generic French term used to refer to any legislative body.-History:The Constitution of the Year I foresaw the need for a corps législatif...
) of 300 men.
The Constitution also used the term “notables.” The term “notables” was a common usage under the monarchy; every Frenchman understood it, and it was comforting. It referred to prominent, "distinguished" men: landholders, merchants, scholars, professionals, clergymen, officials. The people in each district chose a slate of "notables" by popular vote. The First Consul, Tribunate, and Corps Législatif each nominated one Senatorial candidate to the rest of the Senate, which chose one candidate from among the three. Once all of its members were picked, it would then appoint the Tribunate, the Corps Législatif, the judges of cassation, and the commissioners of accounts from the slate of notables.
Napoleon held a plebiscite on the Constitution
French constitutional referendum, 1800
A referendum ratifying the constitution of the French consulate was held in January 1800. 53.74% of voters abstained. The official results, as announced by Lucien Bonaparte, Minister of the Interior and brother of First Consul Napoleon Bonaparte, were 99.9% in favor of the new constitution....
in December. The vote was not binding, but it allowed Napoleon to maintain a veneer of democracy. The vote was 3,000,000 in favor, and 1,500 against.
This Constitution was amended, first, by the Constitution of the Year X
Constitution of the Year X
The Constitution of the Year X was a national constitution of France adopted during the Year X of the French Revolutionary Calendar...
, which made Napoleon First Consul for Life, more extensively altered by the Constitution of the Year XII
Constitution of the Year XII
The Constitution of the Year XII was a national constitution of France adopted during the Year XII of the French Revolutionary Calendar ....
which established the Bonaparte dynasty with Napoleon as a hereditary Emperor, abolished by the first, brief Bourbon Restoration
Bourbon Restoration
The Bourbon Restoration is the name given to the period following the successive events of the French Revolution , the end of the First Republic , and then the forcible end of the First French Empire under Napoleon – when a coalition of European powers restored by arms the monarchy to the...
of 1814, revived and at once virtually replaced by the so-called "Additional Act"
Charter of 1815
The Charter of 1815, signed on April 22, 1815, was the French constitution prepared by Benjamin Constant at the request of Napoleon I when he returned from exile on Elba...
of April 1815 promulgated on Napoleon's brief return; and definitively abolished by the return of Louis XVIII
Louis XVIII of France
Louis XVIII , known as "the Unavoidable", was King of France and of Navarre from 1814 to 1824, omitting the Hundred Days in 1815...
later in 1815 (following the Hundred Days
Hundred Days
The Hundred Days, sometimes known as the Hundred Days of Napoleon or Napoleon's Hundred Days for specificity, marked the period between Emperor Napoleon I of France's return from exile on Elba to Paris on 20 March 1815 and the second restoration of King Louis XVIII on 8 July 1815...
). The Napoleonic constitutions were then completely replaced by the Charter of 1814
Charter of 1814
The French Charter of 1814 was a constitution granted by King Louis XVIII of France shortly after his restoration. The Congress of Vienna demanded that Louis bring in a constitution of some form before he was restored. It guaranteed many of the rights that most other countries in western Europe had...
.