The Sun.
London, England, 1802-09-03 00:00:00

FRENCH CONSTITUTION.

Tx Journal des Defenseurs of the 29th nit. con-
tains the following Defence of the French' Constitu-
tion, against, the Attacks made upon it by the Eng_
iish, Newspapers.

CONSIDERATIONS ON THE PRESENT CONSTITUTION,
AND ON THE SITTING OF THE CONSERVATIVE

SENATE OF THE- 2 IST OF AUGUST.

The last Sitting of the ConserVative Senate was
highly interesting, not only on account of the im-
portance of the business which it had for its object,
but the manner in -Which it was held. It was
presided over by the First Consul, who proceeded
thither with great pomp, accoMpinied by the two
other Consuls, all, the Ministers, and the principal
Personages'of Government ;. the 6arriSon of Paris
was under arms, and the majesty of the Sitting in-
dicated the weight which will be henceforth attach-
ed to that Body in the State.
Before we speak of What is past, let us stop a
moment to consider that POliticdl Influence of the
Conshwative Senate, which has been so Strangely
misconceived by pretended; English Publicists, who
think they understand our Organic Laws.
By a remarkable contradiction, they. Objea at
once to the intensity and duration of the Executive
Power, and the preponderating authority of, the
Conservative Senate, whilst it is precisely the com-
bination of that double tutelary authority which
guarantees the present Constitution.
Lzt u, consider soul.. principles drawn from the
Con,,ritution itself. .

It is neither the intensity'nor the duration of the
Executive. Power,- that destroys Public Liberty; it
exists in 'the separation of powers, in the independ.
ence and security of the Legislative Body. It is. in
this sense, aboVeall, that the Conseitution must be
regarded, such as it is, with its new Organic Laws,
as more popular than it was in its first conception,
The new and preponderating authority -of the
Conservative Senate, far from extinguishing the
Rights of the People, is, on the contrary, the
guarantee of their Liberty ; it will- be some day
the refuge of ;hose who now complain of it. Let
it, be supposed for a moment, that, the personal
ascendancy of the First Consul influences the ,de-
liberations of the Senate, posterity, which judges
of, the motives of persoe6,wit bout. flattering them,
will-consider this Institution in itself, to have been
diaared by the Spirit of Philosophy, and. as the
Palladium of Public Liberty. If at present neces-
sity unites thii Beefy to the Consular power, it will
naturally be found at some ' future Period in oppo-
sition to him, and a Consul, with less justice,
genius, and glory -than. BoN. eeAitee, will find in
this Independent Body a formidable, eternal, and
insurmountable barrier to Despotisii. It is the
most powerful Body which ever existed in Re-
publican system ; it is less 'restrained thaw the
Ephores of Sparta ; it unites io the veto of the
Tribunes' of Rome, a poftion of the . DiOatoriai
power. The right of convoking or dissolving the
Legislative Body and the Tribunate, transferred to
the ConServativeSenate, is, however it nifty he, a
popular idea, an immense
.prerogative attached to
that Body. But it cannot be said, that it is sub-
versive of the Legislative Power, a part only of
which resides in the. Tribunate and. the Legislative,
Body, as it remains essentially in the Senate, the
first organ of the People ; it is thec that Public
Liberty exists, independent of all power it is the
most durable rnonumerit that could have been raised,
and the'strongest guarantee that 130NAPARTE could
have left against the ambition, of Nis euccessors.•
The formation of -the Eletioral Bodies is .not
foUnded upon a less liberal basis ; they are the meet
natural Representatives of the People; they are
most interested in the division and moderation of
imposts,• in the financial system, in- public credit,
and in agricultural prosperity, the principal riches
of France; they have the advantage of uniting the
views and the interests of the three Eledoral 001.
leges of the Italian Republic. As in those. flee
philosophic spirit of the Legislator is occupied with
the lot of, virtue and talents, disinherited 'by for-
tune, so the right given to the 'First Consul to
name certain Members of the Electoral Colleges,
is the prerogative. of the poor, and tends to.con-
ciliate all „Interests: If 'virtue and talents areithe
most respeaable property, their right is recog-
nized ; it is a vehicle of emulatioa and glory, a ,
liberal- institution, which repairs' the wrongs of
fortune ; an admirable agreement bet Ween all that
is constitutional and respectable in society.
These incontestible truths being admitted, *hat
must we think of-the outrageous violente of certain
English Writers, wh ) calumniate the new orgaeiza.
tion of the Republic ?, We ask the most implacable
enemies of France, if BtftrarAltTE, arrived at the
height of poWer and- of glory, with the ability, and
perhaps the right, (according to circumstances) of
undertaking every thing, has not prescribed bounds
to his•own authority, at an age, anti,in 2 ' situation
where the love of pewer so easily Confounds itself
with the love of glory ;, if content with having
broken the chains which oppressed his Countey, he
hae, not made his. ascendancy serve the purposi of
arresting that impulse -which, menaced every
Throne ? What. then shall we say to these Jour-
nalists, who every day insult the Restorer of
France, and the Benefador of Europe ? What
should we think if they had a Government capable
of paying.for, or encouraging similar outrages ?
The Ingrates ! Justice, to be avenged, need only
grant their wishes; for if ever the Authority that
has established order in France, is overthrown, it
will draw with' it, in 'its fall,, the remnant of the,
authority of Kings.
• To return to the Sitting of the ztst of. August,
it was above all rendered impottant by the Report
of the Minister of Foreign 'Affairs, which, in deve..
loping the intentions of the First COnsul, throws a .!
great light on the .present PoliticS of Europe.
We were impatient to -know the causes Which,
in delaying the organization of Germany, arrested
the establishment of the General Peace. . The, publiC
mind remainedin a stated uncertainty ; and calum.
ny, ever ready to seize the least circumstanc2s,
sougi t to spread doubts over the pacific views of

France. The Rernrt which the Vint Consni caused
to be made, has axed all ideas ; and in conietnolating-
this pkture of the political situation •of Europe,
there is not a Patriot who .must not be at once
struck with ,the'profound Tranquillity;• and stable.
Peace which BONAPARTE has established.

This Report. being 'published to the world, we
shall not enter into any developernent of its rela_
tions, but content ourselves with making a general
observation, which may perhaps have some applica-
tion at London.

It is a consequence of the War which some
Powers suppoited for the sake of views of private
ambition, that.the'genetal interests of Europe have
been' abandoned Revoluticin has been operated
in the. Cabinet- and the Republic: of. Europe,; re-
lations. have been interrupted, and -political order
destroyed ; it was not therefore enough to sign a
Peace ;- to prove a sincere' wish for. it, that equili,
brium must still be -sedured which is its basis and,
guarantee, and ,whichmast put an end to the Res;o-
lution of.Europe,las that-of France-has already been
terminated. Two preponderating'Powers cha(ged
themselves with 't
-his. -honourable. task, aduated
solely by the desire: of, extinguishing the flames of
war, and securing the repose of Humanity. When.
we' see the manner' in which France and Russia'
hasten the return of order in Gerinany, and the
execution of concluded Treaties, we can never be
persuaded that they wish to break it. Receiving
in equitable division, the. sacred deposit of Peace
and Justice, they-;appear to .avert from. „Europe.
What some Cabinets •wish to exasperate, who,
in making injurious complaints, ought to be con-
sidered as ladious Incafrig:bles, who wish without
ceasing to perpetuate Revolution only to' satisfy
their insatiAble•cupidity:

KENT ASSIZES.