The Sun.
London, England, 1856-06-21 00:00:00

Till REGENCY QUESTION IN FRIA GE.

Yesterday's Ifoniteur contains the project of a
Senatus Consultas concerning the Regency of the
Empire, and a preamble, expose des motifs. Both
documents are subjoined :
Messieurs les Senateurs,—The constitution of a mo-
narchy founded on the hereditary principla can only be
considered complete when it comprehends a system of
regency wisely organised in case of minority on the part
of the sovereign.

History teaches us how many difficulties, how many
dangers even, may be engendered by the want of precise
egislation on so grave a point, and of what importance
t is, amidst the embarrassments of a minority, that the
action of the Government should be secured by constitu-
tional measures of sufficient strength to overrule all pas-
sions and all interests.

Providence, in giving a son to the Emperor, and in
vouchsafing this joy to his heart, has imposed upon him
the duty of filling up the void that still exists with re
spect to the regency in the organic institutions of the
empire. It is with this view that a bill has been pre-
pared by his orders, and that we come to propose it for
your sanction, hoping firmly with yourselves, Messieurs
les Senateurs, that the application of its provisions will
be postponed to a most remote period.
Different systems have been followed or proposed for
the choice of delegates t' perform duties so important,
difficult, and august, as those vested in a regency.
The regency, during the minority of a sovereign, may
be confided by the law to certain persons designated by
it, or have been conferred by the preceding monarch, or
lastly, be subjected to an election under various forms
and conditions.

The regency, conferred before hand by the legislator,
may itself be regulated in conformity with different
principles ; and the right of the heirs presumptive to the
throne has often been confronted with that of the Em-
presses or Queen-mothers.

If we consult the precedents of our national history,
we see that, by a custom coeval with our monarchy, the
regency hae in most instances, been conferred on the
Queen-mothers, and it is right to add that some of these
regencies have been for the country not unaccompanied
by glory or utility,
It is this form of the regency, combined with the re-
striction proceeding from the paternal choice, and with
the principle of election itself, in a subsidiary hypothesis,
which the government of the Emperor has the honour
to propose for your adoption.
The regency of the Empress-mother, to which we
would at the present moment be led by a profound sen-
timent of respect, combine, moreover, in our eye, the
powerful guarantee of the natural affections, the great
majority of historical precedents, and finally the tradi-
tions of the Imprial dynasty, consecrated by a Senatus
Consultus, which the wisdom of your predecessors
adopted, on the sth February, 1813, after it had been
prepared under the personal inspirations of the Emperor
Napoleon himself.

However, the rights of the mother, which, even in
ordinary guardianships may be modified by the will of
the father, ought to be, a fortiori, subordinated to this
sovereign and enlightened will, when it is no longer mere
private interests that are to be considered, but public
interests linked by the very principle of the monarchy to
those of the dynasty.

"The interest orthe state," said the Count Regnault
de St. Jean d'Angely, on presenting the Senatus Conna-
te. of 1813 to the Senate, "demands, moreover, that the
Emperor, in those circumstances which pse.general views
of the law can neither define nor foresee, may, according
to the experience of events, the situation of affairs, the
knowledge of persons, apply such modifications to the
general rule as are dictated by wisdom, and inspired by
the interest of his successors and his subjects." "Our
kings," added the learned reporter of the Senate, Count
de Pastoret, on the same occasion, " had always the
right to dispose of the regency either by will or by let-
ters patent."
Of course the exercise of his right reserved to the
Emperor, is subjected to a condition of the Senatus Con-
sultus, which we have the honour to present to you. It
has seemed proper that the individual—whether prince
or citizen—who might enjoy such confidence, so great
and of so exceptional a oharacter as to supersede, by
the choice of the Sovereign, the Regent designated by
the law—should be invested under the eye of the nation,
as it were, by an act of the Emperor published before
his death.

Beiides, it is necessary that in so grave a cage, it
should be impossible to raise any doubt as to the will of
the Sovereign, and that all the world should know be-
foreha9d to whose hands the reins of government were
to be entrusted.

Failing the Empress mother, or a Regent nominated
by the Emperor; the draft of the Senatus Consultus pro•
poses that the French prince who is next in the order of
succession to the crown, shall be called to the Regency.
If the French Prince is of sufficient age to exercise
the regency, the sth article of the projet calls upon the
Senate to support the Regent.
Thus all eventualities, even the most remote, will be
found to be provided for beforehand, in terms which
will, we hope, meet with your approbation.
The Regency is to terminate on the Sovereign's attain.
ing his majority, which we propose should be fixed by
you at the age already consecrated by several legislative
enactments, which have, in our age and country, fixed
this important point of national law, that is at eighteen
years.

The It egency has never been confounded with the per-
sonal custody of the Monarch while a minor. This do-
mestic guardianship is regulated by the 15th article of
the draft of the Senates Consultus, and is, sAs a matter of
course, confided to the mother of the Emperor during
his minority.
You will find, MM. Senators, in the formula of the
oath proposed for the guardian of the Regency, the chief
elements of that which was drawn up under the empire
of Napoleon 1., and marked in the Senatus Consultus of
1813. We have only omitted in this formula all that
appertains either to passing circumstances, or to points
which the progress of time has removed from discussion,
and which the public sentiment would be astonished to
see specially signalised, when they are profoundly conse-
crated by manners and the public conscience.
While admitting that the Regency draws with it the
plenitude of the exercise of the Imperial authority, it
has seemed convenient that certain acts of the Govern-
ment of an exceptional gravity, should be submitted to
the deliberation of the Council of the Regency.
The questions relative to the marriage of the Emperor,
the organised Senates Consultus, the treaties of peace, of
alliance, or commerce, have appeared to merit this spe-
cial guarantee.

The cunplsition of the Council of the Regbncy, is, by
Article 18 of the project, put in harmony with the prin-
ciples which have directed the designation of the Regent
himself. The French princes, and a few personages
cli psen by the Emperor or by the Senate, will form the
Counci!, which can only be convoked and presided over
by the Empress-Regent, the Regent, or their delegates.
Such, MM. Senators, are the principal features of the
organic legislation which, in the name of the govern-
ment, we submit for your deliberation.
You will recognise in it numerous resemblances to the
Senatus Consultus of February 5, 1813. The principles
are the same, MM. Senators, the two redactions are
similar—but, let us hasten to say, it has pleased Pro-
vidence that the attending circumstances shall be, for
the happiness of the Emperor and the country, pro-
foundly different.
It is not on the eve of a final contest, in which the
genius of the sovereign and exhausted France were about
to contend against adverse fortune by heroic efforts,
that the august representative of the imperial dynasty
submits to your examination measures destined to secure
against every eventuality the future well-being of his
son and that of the country. It is the day subsequent
to a glorious peace for France and her allies, in the
midst of a prosperous country, notwithstanding some
very painful trials, it is then when the Emperor is only
engaged in combatting a destructive scourge with the
arms of beneficence and of a devotion meriting both the
admiration and gratitude of all ; it is, in short, under
circumstances the most propitious for calm and profound
deliberation that the Government of the Emperor makes
an appeal to your patriotism and exalted reason to com-
plete on so important a point the work of the Imperial
constitution.

The act resulting from your deliberations will be
wor.hy of the greatness of the subject, worthy of the
country whose future weal it will guarantee, worthy in
fine of the noble assembly that shalt have sanctioned it
by their suffrages.
The President of the Council of State,
J. BAROCHE.
The Vice-President of the Council of State,
4 E. DE PARIEII.
Councilor of State,
E. DE ROYER.

ORGANIC BILL OF SENATUS CONSULTUM
ON THE REGENCY.
FIRST SECTION.-ON THE REGENCY.

Art. 1. The Emperor is a minor till the age of 18
years completed.
Art. 2. Should the Emperor, being a minor, ascend
the throne without the Emperor his father Is tying by an
act made public before his decease regulated the regency
of the Empire, the Empres—Mother shall be regent, and
have the guardianship of her son during his minority.
Art. 3. The Empress-Regent cannot construct second
nuptials.
Art. 4. In default of the Empress, the regency, if the
Emperor has not otherwise settled it by a public or se-
cret act, shall appertain to the first French prince, and,
in default of him, to one of the other French princes ka
the order of succession to the Crown.
Art. 5. Should there exist no French prince capable
of exercising the regency, the Senate, convoked by the
Council of Regency, and on the proposition of the latter,
shall appoint the Regent. In the case where the Coun-
cil of Regency should not have been appointed by the
Emperor, the convocation and proposition shall be made
by the Ministers in Council, with the assistance of the
virtual presidents of the senate, legislative corps, and
council of state. Until the moment the Regent is ap-
pointed, the affairs of the State shall be carried on by
the Ministers in office, who shall meet in council and
deliberate by majority of votes.
Art. 6. The Regent and the members of the Council
of Regency must be French, and fully 21 years of age.
Art. 7. The public act by which the Emperor con-
stitutes the Regency shall be addressed to the Senate
and deposited in its archives.
Art. 8. All the acts of the Regency shall be in the
name of the Emperor still a minor.
Art. P. Until the Emperor's majority, the Empress-
Regentor the (Prince) Regent will exercise for the Em-
peror, still a minor, the Imperial authority in all its
entirety, with the exception of the right vested in the
Council of Regency. All the Legislative enactments
protecting the person of the Emperor shall be in force
for the Empress-Regent and the Regent,
Art, 10. The functions of the Emprem•Regent or of