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— CH. 1 · INTRODUCTION —

Tribunat

~4 min read · Ch. 1 of 6
6 sections
  • The Tribunat was born on the 1st of January 1800, the same day as the Constitution of Year VIII took effect and reshaped the French state. Napoleon Bonaparte had seized power through the coup of 18 Brumaire, and he needed a new architecture for government. He got four assemblies: the Council of State, the Corps législatif, the Sénat conservateur, and the Tribunat. But the Tribunat turned out to be the one he could not fully control. Its members were liberal-minded, outspoken, and skeptical of what Bonaparte was building. Within days of its first session, the body became a formal center of opposition to the new regime. How did a deliberative assembly with no real vote end up provoking a purge and, ultimately, its own dissolution? And who were the men Bonaparte feared enough to remove?

  • Pierre Daunou was a historian, and he became the Tribunat's first president. His independent spirit set the tone from the start. The Tribunat's formal role was narrow: it sent three orators to discuss proposed laws alongside government orators, doing so in the presence of the Corps législatif. It could not vote on those laws. Its decisions carried weight only as consultative opinion. The final say always returned to the First Consul, who could accept or ignore the Tribunat's view entirely. The body could also petition the Senate to overturn legislative acts or government decisions on grounds of unconstitutionality. But that opinion, too, was non-binding. The Tribunat assumed some of the functions of the earlier Council of Five Hundred, but without that council's power to pass legislation. Legislative initiative stayed firmly with the Council of State. Daunou's dismissal from the presidency in 1802, ordered by Bonaparte himself, was one early signal of how seriously Napoleon took even symbolic resistance from a body that held no real legislative power.

  • On the 7th of January, Benjamin Constant walked into the Tribunat chamber and delivered a speech that made him leader of the opposition. He denounced what he called "the regime of servitude and silence" that Bonaparte was preparing. That phrase landed hard. The Tribunat was populated with liberal personalities who shared Constant's unease, and Bonaparte read their independent point of view as a direct threat to the political unity and public order he was trying to establish. The assembly had become a platform for exactly the kind of dissent he could not afford. Shortly after the coup of 18 Brumaire, it had already emerged as a focus of resistance to the regime. But what gave the opposition its particular sting was not any formal power. It was the fact that the Tribunat's deliberations were public, its orators visible, and its objections on record.

  • The Tribunat's resistance to the projected Code civil in 1802 was the breaking point. Bonaparte moved against it through a procedural maneuver that was deliberately opaque. The Tribunat was partially renewed at regular intervals, and crucially, it was not publicly known in advance which members would be the first to leave. That ambiguity gave Napoleon room to select his opponents for removal. The purge was not a dramatic confrontation. It was an administrative act, quiet and effective. The Constitution of 16 thermidor year X, dated the 4th of August 1802, then set out a further reduction: starting in year XIII, the Tribunat's membership would fall from 100 to 50. Half of those 50 would leave every three years. Until the reduction took effect, departing members would not be replaced. The body was being drained as much as purged.

  • Article 27 of the Constitution of Year VIII established the Tribunat's basic shape: 100 members, each at least 25 years old, renewed every fifth year, and eligible for re-election indefinitely so long as they remained on the national list. Membership was not won by direct universal suffrage. Citizens voted for "communal notables," drawn from one tenth of their number. Those notables then chose "departmental notables," again one tenth. Those in turn chose "national notables," again one tenth. The Senate then drew members of the Tribunat from these national lists. The Constitution of the Year XII layered further rules onto this structure. A president was appointed by the Emperor from three candidates nominated by the Tribunat through secret ballot and majority vote. Two questors managed administrative functions, also chosen from triple lists. The Tribunat was divided into three sections: legislation, the interior, and finances. Each section produced its own president, designated by the Tribunat's president from a short list of three.

  • In 1807, after eight sessions stretching from January 1800 to September of that year, the Senate issued the decree that ended the Tribunat entirely. Its remaining functions and its surviving members were absorbed into the Corps législatif, the very body it had once stood alongside as a check. That outcome was not accidental. The Corps législatif had tended throughout this period to reinforce the powers of the executive rather than restrain them. The introduction of the plebiscite had the same effect: by reducing the legitimacy and therefore the power of the chambers, it concentrated authority upward. The Tribunat had been designed, at least in principle, to improve the separation of powers. But the way that separation was structured gave it no effective leverage. Its opinions were advisory. Its orators could argue but not decide. When the body that exists to deliberate cannot vote, dissolution becomes only a matter of time.

Common questions

What was the Tribunat in Napoleonic France?

The Tribunat was one of four assemblies created by the Constitution of Year VIII in France, established officially on the 1st of January 1800. Its function was to send three orators to discuss proposed laws in the presence of the Corps législatif, though it could not vote on legislation. Final authority always rested with the First Consul.

Who was the first president of the Tribunat?

Pierre Daunou, a historian, served as the Tribunat's first president. His independent spirit led Napoleon Bonaparte to dismiss him from the post in 1802.

Why did Napoleon Bonaparte purge the Tribunat in 1802?

Napoleon purged the Tribunat in 1802 because of its opposition to the projected Code civil. He used a procedural maneuver: the Tribunat was partially renewed at regular intervals, but it was not publicly known which members would be removed first, so Napoleon was able to select his opponents for dismissal.

What did Benjamin Constant say in his speech to the Tribunat?

On the 7th of January, Benjamin Constant delivered a speech in the Tribunat denouncing "the regime of servitude and silence" that Bonaparte was preparing. The speech made him the leader of the opposition within the assembly.

When was the Tribunat abolished and what replaced it?

The Tribunat was suppressed by a Senate decree in 1807, after its eighth session, which ran from August to September of that year. Its remaining functions and members were absorbed into the Corps législatif.

How were members of the Tribunat elected or chosen?

Members of the Tribunat were not chosen by direct universal suffrage. Citizens voted for communal notables drawn from one tenth of their number, who then chose departmental notables from one tenth of their number, who in turn chose national notables from one tenth of their number. The Senate then selected Tribunat members from these national lists.