The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-07-11

caes of urgency II can provide for legislative ne.
cefsities.
The codes laws nd rsrulations.semaln I'm existenre
until they shall have been res sup-rseded al te
authorities in the actual exercise a their nctsns
shall continue until the publication the orra mic
herein provided for the judiciary law shalt deter.
mine specially the mode Of nomination for the frat
composition II the tribunals
have now presented exact view OF the new con
stituton Of France MS from the hands Of the
committee, revised by the delegates FROM the several
bureaux Perhaps 1T may not be- essentially mod hei
10y 'he assembly. rs as Important for France
the constitution prepared by ancestors for
prove TO be as wisely prepared lts provisions many
Of them, are novel its character l. emf nently consrr-
vatiyc-too much for country EXCEPT in the
grand elections confded to the people I think tho
rowerof recomin:ndat and appointment limit
ed toe much mOnopoized, and too FAR removed from
the voice and control of the people That il In. most
dangerous kind of monopoly for republic and ha the
strongest tendency to corruption and misuse of tins
public funds think the trial by jury Is not well pro-
vided for nor will succeed ia where IL Ia allowed
think the power reserved TO the National Assembly
TO select between these tribunals before which
they will send an accused, is very dangerous and in
Consistent with pure and impartial administration
ofjustice think there is not sufficient restraint u-
posed upon the power of the National Assembly which
is almost dictaoral and unlimited aud that the pub
lie fuDctionaries too much mingled with the As
semby and are likely, too frequently, grow up out
of its bosom While many of the provisions ap pear TO
to be admirable. there are others to which could
never consent and TREY among the most port ant
In the instrument. OBSERVER
PARIS June Il, 1913.
Discussion and ViewS Of the Press and People, of The
Comstitni0n-Some Dissertations of mig own-
It's Dangerous Po,c0s-Marks the Difference IN
the Condition Of France and America.
The discussion of the constitution either in the
press or the National Assembly, has not yet COM
menced. Generally, the press has remained en-
trey silent, and the Constitutional only has re-
marked that there exists grave objections to many
IL, )oI.
great work, and gives no opinion. The organ of
Henri Cinq, says, it Is an enumeration OF the revo-
luton and the democratic principle, and could be
put into execution, just 1t now exists and would
be infinitely preferable to the present condition of
things l think generally, it has been received with
great favor very great favor, and hope and what ap-
pears to to be grave objections to provisions
which it contains does not so appear to the French
people. do not mean to convey the idea that as an
instrument, it is not grand production, and embo-
dies eminent WISDOM and certainly is the result of
fruitful labors Of the first minds in France Neither
would the same objections be regarded as important
here. which would be most felt, perhaps in
country It, therefore, points out the difference in the
state of the two countries in many respects. What
would be thought of people a State among who
should form constitution without securing the right
r al by jury in civil suits?-or who should provide
for their selection only from certain bodies of Office
holders in those cases. where they are admitted and
where the highest interests of and at
issue? Who, that has had experience does not under
stapd the Importance of selecting jurors by lot from
the body of the people and in all reserving
them the exclusive jurisdiction the question of
fact So, too, the Importance of free
ton and appointments to place and power among
the people, instead of limiting their selection small
bodies of men, already in Office, thereby accommodating
the power OF Recommendation and place to degree
that cannot be healthy in any government There
many other provisions that impress my mind I'M
avorably yet they may work well in France but they
mark the difference in the state of civil polity in the
countries. and the inexperence and condition of
most intelligent people without practice in the
mi nj of ticAl n hasa
institutions There is another popularity; and that
is that the French think this constitution more
liberal than that OF the Unit ed States and regard
two branchesindeed that is the general impression
feature too arstocratc be tolerated in France
They do not seem to comprehend that the very object
OF the second branch is to the liberty of the pso
pie against the tyranny of branch and that of the
veto TO serve the end against both-that they
shields for the people, and not weapons to be used
anst them.
The French adopt the idea that the will of the As
semby is the identical v0ce OF the people, and that
it must be observation-disclosures the only restraint
upon the rashness, temper, party spirit. petty
tyranny of body Of men whose term of Office is three
years with immense patronage in their hands, is
the right of the President to them to
their DEGREES or laws. They have a national bank
under their CONTROL the railroads and insurance
ces assumed-the .7teiiers Naonaie with its hundred
and fifty thousand men-the power right to choose
the supreme judges. and Council of State without
jury being attached to the latter power of send
ing all political persons before the the
trial. at their election, and to by majo-
rty With all the other powers retained by this body,
who would not rembe to be thus placed in the power
of seven hu ndred and fifty men, u mere absolute
majority Of them regard the mower of the Assembly,
detatoria and da ngerous the extreme-t endaf-
gers even the President-for at any moment I, when
majority be obtained he can be sent before the
high court for trial. and his powers suspended and the
Vice President the creation of the Asse mby put his
place Hence, refusal on his part to sign publish
bill or decree in moment of excitement in Paris,
may be attended with great danger and in an hour
afterwards he may find himself trial for the offence
From close examination of this constitution, it will be
seen that the French regard unrestrained power,
on the part of the Assembly, ms the most democratic
feature of republic Whereas in fact, it is the des-
potsm OF an aristocracy of Office holders, welding the
power and patronage of the State during the terms of
their office, and to their reeecton-ther sit
ting too, is permanent | think this power is too gil
gantic and absolute to be compatible with republic
OBSERVER.
PARIS, June II, 1913.
Contemplated Impeachment of the Ereutire Com
miHee-Condition of armand Marast, Gle
ment Thomas, NJ. Arago and the Constitution
Grand Banquet of 100000 Loborvs-C Counter
Increment ofthe East-7he Dungeon.
The press ofParis announces that the executive
commission are to be impeached-that the COM
mi,tee who have examined into the affairs of the
Ateiies Natiomaie, have discovered facts i'm
peaching them, and that they soon TO demand
powers from the Assembly TO proceed against
them. Now how much truth there may be in the
statement, time only can determine; for the
French very close and secret IN their affairs
and movements and little is ever said until il is
done but the statement has been travelling the
rounds of the press for the last three days
IL has the appearance Of being grave affair
affair, Emile Thomas who sent out of the country
in mysterious a manner, has been examined before
the committee, and he is in condition to make dis
closures. " there any in his power TO make The
report of the committee has been very against
the present Minister of the Interior Recust and the
committee remark that they have treated him, not
outstanding, with great forbearance. He threatened
the committee and the Assembly with the powers of
the .4siisrs Rationale against them. which raised a
storm in the House This matter of collecting 100 900
in body in Paris to be supported by the State,
great crime. mistake, and will bring incalcu-
liable evils both upon the who have lived in idle
principally and the State, which has lived in fear.
Three millions more have just been granted to support
this body az men but the Assembly wrthng n
der ~ and will nlnuL bring the lion