Life of Napoleon Bonaparte, Volume II.Scott, Walter
History
Life of Napoleon Bonaparte, Volume II.
Scott, Walter
France -- History -- 1789-1815; Napoleon I, Emperor of the French, 1769-1821
The executive power being thus provided for, the legislative body was to
consist of two councils; one of Elders, as it was called, serving as a
House of Lords; another of Youngers, which they termed, from its number,
the Council of Five Hundred. Both were elective, and the difference of
age was the only circumstance which placed a distinction betwixt the two
bodies. The members of the Council of Five Hundred were to be at least
twenty-five years old, a qualification which, after the seventh year of
the Republic, was to rise to thirty years complete. In this assembly
laws were to be first proposed; and, having received its approbation,
they were to be referred to the Council of Ancients. The requisites to
sit in the latter senate, were the age of forty years complete, and the
being a married man or a widower. Bachelors, though above that age, were
deemed unfit for legislation, perhaps from want of domestic experience.
The Council of Ancients had the power of rejecting the propositions laid
before them by the Council of Five Hundred, or, by adopting and
approving them, that of passing them into laws. These regulations
certainly gained one great point, in submitting each proposed
legislative enactment to two separate bodies, and of course, to mature
and deliberate consideration. It is true, that neither of the councils
had any especial character, or separate interest which could enable or
induce the Ancients, as a body, to suggest to the Five Hundred a
different principle of considering any proposed measure, from that which
was likely to occur to them in their own previous deliberation. No such
varied views, therefore, were to be expected, as must arise between
assemblies composed of persons who differ in rank or fortune, and
consequently view the same question in various and opposite lights.
Still, delay and reconsideration were attained, before the irrevocable
fiat was imposed upon any measure of consequence; and so far much was
gained. An orator was supposed to answer all objections to the system of
the two councils thus constituted, when he described that of the Juniors
as being the imagination, that of the Ancients as being the judgment of
the nation; the one designed to invent and suggest national measures,
the other to deliberate and decide upon them. This was, though liable to
many objections, an ingenious illustration indeed; but an illustration
is not an argument, though often passing current as such.
On the whole, the form of the Constitution[71] of the year Three, _i.
e._ 1795, showed a greater degree of practical efficacy, sense, and
consistency, than any of those previously suggested; and in the
introduction, though there was the usual proclamation of the rights of
man, his duties to the laws and to the social system were for the first
time enumerated in manly and forcible language, intimating the desire of
the framers of these institutions to put a stop to the continuation of
revolutionary violence in future.
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