New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-07-26
The French Constitution.

cOHCPUStU Dul UOl lHCOAlCCb VI -'h'
de Tocquevile's long report on the revision
of the French Constitution. We do not
publish the whole of it because it has no
other value than as political essay and not
a very brilliant one at that 1t is out of the
question that its recommendations should be
adopted For that would require majority
of three quarters of the Assembly, on three
separate divisions taken each month after
the other. This is out of the question UNI
der the present circumstances. The re-
publican minority is fortunately large enough
to prevent it, The report and the debates
which will follow 1t, may then be regarded
as mere formalties. But they are formali-
ties which, according to NJ. de Tocqueville's
own showing, might as well not be per-
formed.
He argues that the Constitution is bad
because under it the elections to the Assem-
bly, take place by general ticket and not by
single districts. This prevents a fair ex-
preston of the popular will, because it rem
ders it impossible that the electors should
know all the candidates they vote for.
The second reason for revision is that
the Constitution does not sufficiently define
the relative authority of the Assembly and
the Executive. The latter is required to
obey the former, yet still derives from the
fact that he too is elected by the people,
moral force which permits him to think of
resistance and renders submission difficult.
Another reason for rcvisonis that the term
of the President and of the present Assem-
bly, will expire at nearly the same time, and
thus both the Executive and Legislative
powers will pass almost cotemporaneously
into new hands This double election. it is
thought, will be an awful trial for the
country.
Then the fact that the President is chosen
by direct and universal vote of the people is
another evil to be revised away. In Ame-
rica, NJ. de Tocqueylle tells us this is not
the case. There the choice of President is
not entrusted Immediately to the people, but
electors are appointed, who know their dan
gers and wants better than they themselves,
and who choose for them, often setting
aside illustrious and well-known citizens to
take obscure men whom they Judge to meet
better the political wants of the moment
Is NJ. de Tocqueville really ignorant that
our electors never vote for any other than
the candidate they are chosen to vote for,
and that they have no will of their own,
or did he need to abandon the truth in order
to sustain his argument! We fear the lat
ter. Since his desperate mendacity about
the affair of Rome, it has not been possible
heartily to rely on his word
But sadly defective as the report pro-
claims the Constitution to be, it vet de-
clares that it must be defended against
every illegal encroachment. If il, cannot
be amended, the Assembly must not suffer
ii to be transgressed. On this head the re-
port speaks with all emphasis, and no doubt
with sincerity For beyond the path of le-
galty there is nothing but the abyss of rev.
olution, and that few French conservatives
desire to sound.
But if observance of the Constitution is
the sole plank of political safety, and if II is
perfectly clear and universally admitted,-as
in fact it is by all calm obseryers,-thatt to
revise it now is impossible, to what end this
report? Why not abandon the scheme alto
gether and let the country, which longs for
repose, understand that the law is TO be re-
spected as it is, and that the elections viii
take pace accordinglyl One would think
this course would better suit moderate and
polite statesman like NJ de Tocguerville.
But it seems that moderates and conserva-
tives are everthe most pertinacious agitators.
1t is striking fact that in all this re-
port there is not one allusiOn to the central
ization and practical despotism which are
the ruin of France. Not once is it sug-
ges,ed that the army Of ofiice-holders who
now suck out the life-blood of the land,
ought to be elected by the people instead
of appointed by the Government. Not
once do We hear that freedom of speech,
of association, and of individuals TO 20 and
come without passports and without police,
ought to be restored Not once is it pro-
posed to abrcgate the law restricting the
suffrage aud to give back to the mass Of
citizens their political rights. On the con.