Set up under the direct influence of the regime's new master, First Consul Napoleon Bonaparte, the Constitution of 22 frimaire year VIII (13 December 1799) was the first to recreate a senate.

The Senate thus recruited itself and subsequently replaced deceased members by choosing from among three candidates presented to it by the First Consul, the Tribunat and the Corps législatif.

From then on the Senate would rule via acts having the force of law, known as "sénatus-consultes", in all matters unforeseen by the Constitution and which needed political action from the regime.

Napoléon summoned into the Senate the French princes, the Great Dignitaries and his closest friends, with no limit on numbers.

He granted this to his brother Joseph, but also to Cambacérès, Chaptal, Fouché, Fontanes, Tronchet and generals such as Caulaincourt and Duroc.

Despite being laden with Napoleon's favours, the senators nonetheless proclaimed his fall on 3 May 1814 and summoned Louis XVIII to take the throne.