The southern press., 1851-07-31
- 1oaorEEgT1rse pErNnf.

AANyp&x& AssnunLy, JULv 3, l6Sl.
4 Ths Ussts6t sgittlton p>rvaded the asssmbIy
during he preliminary business Of this day, u
consequence Of the announcement that the repor
of the committee on the revision would be read
during the sitting.
The following il TRANSLATION Of the report:
"a great number Of citizens have expressed
wish to have the constitution revised 232 of oul
colleagues have collectively pettioned to that ef
feet. Assuredly question OF greater importance
could not be regularly brought forward, and an
not sure if, in this country, which for the
last sixty years has witnessed 30 many singular
events aud undergone such strange turns OF for
tune, more extraordinary decision has ever been
asked for from deliberative body.
"a new constitution Is usually the necessary
consequence of u revolution. 1t sums up, drsines
and regularises the ideas and the fscts what the
revolution its immediate predecessor. brought to
light or imposed. But, Is perfectly legal man
ner, without at the first glance there appearing any
absolute necessity for the act, to deliberately turn
up the foundations Of the law for the purpose OF
endeavorng to construct them differently, or to
change their position, to impart this 81 oct to the
existing legislation, in the midst Of people agi-
tated by contrary passions and interests, amongst
whom, less than four years before, all the political
| institutions had been transformed, and for the
time, perhaps, in this world all the others discus
sed seriously called in question that, gentlemen,
certainly, is alike rare and daring. Let us ex-
anime If it be necessary.
"And first of ALL is It true that the present con-
stitution is defective; and if so, it's vices Of
such nature as to call loudly for ameiorationl
"No one in the committee has attempted to
deny that the constitution contains defects which
| it would be useful to correct. The minority l.
fined itself to maintaining that those defects q
necessary evil inherent in every work Of man
were not the principal cause of the agitation and
uneasiness SO much complained of, and that they
had not led to the painful situation in which the
country is now placed. II is not to the consti-
tuition, say thew that all this must be attributed,
but to the political who for the last two years
have been purt it into practice and so much
noise is made about correcting the laws only be-
cause these persons have an inclination to conceal
their own faults. If the monarchial parties had
not increasingly aimed at overturning the Repub-
lie, in place OF contenting themselves with the
task o. governing it if the Executive power had
not constantly endeavored by every effort to quit
it's own sphere, the constitution, in spite Of its
mperfections, would have been able TO insure
security to men interest and tranquility to men 8
minds.
"The majority gentlemen, has not been of that
opinion it has thought that independently of all
the private cause which may be alleged, great
part Of the evil must be attributed to the vices Of
the constitution ITSELF The desire to take possess
sion of power ard to preserve it, political pre-
JUDGES, the rem nscences, the rancor, and the
passions of par es are they declared the ordinary
concomitants OF history Good constitutions are
those which repress easily or keep within bounds
the vices inherent in human nature bad ones
those which favor and excite them The consti-
tuition of lS48 is marked by this latter character
SIC: it renders the government unstable and
stormy it requires from those who govern
moderation, disinterestedness, and sort Of
utter abnegat on of themselves which it is dang
erous to ask for from men, and which it is, per-
haps, puerie to look for.
''Many criticisms have been brought forward
againsrthat constitution but we shall confne our
selves to Lefty placing in reliefthe two principal
ones, for :? they were well founded, they would
suffice to cause the revision to be desired. The
first relates to the manner which the sovereignty
Of the people is exercised in one Of its principal
acts--the election of the National Assembly to
cause to be elected by the same scrtn de iiste 10
representatives at the same time by 900
electors, is to decide it has been argued, that the
minority shall triumph. or that the majority shall
act by blind chance. A false result to blind vote
such are the ordinary consequences of such
system. 1t is impossible, in fact, that the entire
population Of department can have any sure
means of appreciang properly the merit Of all the
persons who present themselves candidates for
its suffrages.
'Scarcely have the greater part of the electors
ever heard even the names mentioned of one or
two of these persons. What then is the result ?
times Of public excitement, the violent parties i'm
pose on the people, without consulting it, their
choice that in districts which tranquil and
calm, the list of the representatives is drawn up
beforehand by some agitators, with view to par
ticular interests, and to satisfy personal hatred
or friendship and this list is afterwards followed
by the electors, as the only clue which encom-
passes them the election, which has the appear
of emanating from the totality of the citizens,
is, in reality, the work Of a very insignificant
coterie.
sThe second objection made to the constitution
is still important since it relates to the origin,
nature, and relations existing between the two
great powers which make the laws and apply
them. chamber charged alone to make the
laws "A man charged alone to preside over the
execution Of all the laws, and over the direction
Of all affairs both of them elected alike by the
universally Of the citizens the assembly all
powerful within the circle Of the constitution the
President obliged to obey it within the same limit,
but possessed, in virtue Of his election, of moral
force which permits him to think of resistance,
and renders submission difficult enjoying besides
all the prerogatves which fall to the lot Of the
head of the executive power in country where
the public administration disseminated every
where, and mixed up with everything, insti-
tuted by and for the monarchy these two great
powers, equal in their origin, unequal by right,
condemned by the law to an uneasy posittion
with respect to each other, invited by it in GER
tAin measure 10 suspicious, ledlousles, ana con-
nict obliged, however, to live closely connected
together in an eternal tete tete, without meeting
with any intermediate object or ar csr tor to con-
cilinte or restrain them-such cor ~ rs are not
those Of regular and strong government As
long matters remain in that state, it may be
said that the republic has not found its proper po-
sition, that its government is precarous and that
the since e bona ,fde trial which ought to be de-
sired is not complete.
"The constitution is, then, defective. How
ever, gentlemen, if we had considered only the
vices Of the constitution in itself, should have
hesitated to propose 10 you TO cause the country
TO undergo Immediately the crisis Of revision, a
crisis always formidable, but particularly so at
present. We would have waited for calmer
times and more favorable circumstances, trusting
in the good OF the public, which has suficed
for the last three years, and might suffice still, to
correct in practice the defects ofthe laws, if the
general situation Of business, the state Of men, q
minds, the peculiar dangers ofthe moment--in
fne the ensemble Of the circumstances in the midst
of which we are placed, permitted us to postpone
the vote
"These different reasons, gentlemen, are de-
lcate, difficult, and, perhaps in certain respects