The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-09-24

cited Is palpab1e. Was Napoleon q
friend Of Englandp Aasuredly not, but
an iryeoonoiiHbie enemy; yuna yet the
ehA-sz- e 1879 90 nsHo6 Resemble the
oonStitution bf England that b do NOT
altogether lilo it oH that account, and
prefer what j now Sfeted Jus. IT hear ii
said id AsomeA quafterss- Yes no >doubs
liberty is desirable; but we must not be
precipitate, we cannot change everything
at once. J. am quite Of, this opinion.
We must proceed gradually, but we must
not lose time in achieving what is press
ing and necessary. This matter Of de-
gree, not Of principle -. :,
am net going to give you a lecture
on ministerial responsibility. The EN-
peror's responsibility is somethipg vague
and superior, high up in clouds and mist.
will not attempt to define it. Adler
men than I have reneunced the task. AS
] have already said, his responsibility
may show itself at q given moment by
invoking plebiscitua. But, besides
this, the Emperor's responsibility is
generous. I quite understand the feel
ing which leads him to cling to this re-
sponsibility. It is something superb,
but not very palpable, and not very use-
ful. It is courageous in b ~ to repudi-
ate the fiction that sovereign is not re-
sponsible; aud the logical French people
(too logical, psrhaps,) do not object.
But his responsibility does not prevent
the secondary responsibility of ministers.
Now, Article II does not tell us to whom
ministers } responsible. They ought
to be responsible to the Chambers.
.'Let me now speak of the hiatus in the
Senate. I wish to be as respectful as
possible to my colleagues, but must
speak the truth. I should like to see
the Senate second chamber, with full
powers. do not think single cham.
ber good thing. dread convention
face to face with Caesar. But desire
to see the Senate stripped of its constitu-
ent power. It is power which you are
not likely to use; but If you do, God
help France! It is like loaded gun
placed in corner, which should not be
there, for fear q bad use should be made
of it. The constituent power ought to
belong Jointly to the Emperor, the Sc
nate, and the Corps Legislat1. am not
a lawyer, but 1 see clearly enough that
there is no rational ground for the subtle
distinctions between Senatus C0nsuhum
and law. It is all nonsense. What can
be more ridiculous than the fact that the
be raised without q Senafus Consutuns,
while matters Of the highest moment NAV
be enacted by that humber thing a law.
A constitution should be q very simple
thing. 1t is ridiculous to attempt to CO.
dify everything, and enclose people in
circle of Popilius. What we are now
doing is no doubt important; but the
people only judge constitution by its
results. You may have very good con-
stitution' with very bad government; and
reciprocally,. very good government
with very bad constitution. The me-
chanism Of the constitution is no doubt
important, but it is not the principal
thing. ! entirely adopt the amendment
of my friend NJ. Bonjean, who will sup
port it more ably than can do. Ishould
like to see the article of the constitution
which authorizes the Emperor to preside
in the Senate repealed. will not dwell
on the subject. I only say, that, al
though no doubt it is great honor to
take the chair in this assembly, the EN-
peror would not be in his proper place
there, and the Senate could not debate
with proper independence in his pre-
sence. 1t is, moreover, a monstrous
thing, according to the present constitu-
ton, that during O prorogation of the
Corps Legishty, which may last for six
months, the Senate, exclusively appoint
ed by the Emperor, may act legislatively
in the interim, and even vote the budget
This power is frightful. I know we'll
enough that with the present sovereign
there is no fear that the power will be
used; but the possibility should not
exist. 1t is, however, most unfortunate
that an opinion prevails in certain quar-
ters that by means of the Senate all the
reforms now professed to be given may
be nullifed. That, am sure, Messieurs,
is not your intention. But it is pity
that the public should have On excuse
for thinking 80. The third hiatus to
which I come is the absence of clause
abolishing the Senate's exclusive power
to discuss the constitution I entirely
agree with ono of my colleagues who has
brought forward by way of amendment
a proposal to abolish this most absurd
law. The constitution was never SO much
discussed, whether by the Corps Legisla-
tf or the press, as since the Senate pre-
tended to reserve the monopoly Of such
high matters to themselves. The inter-
pellations of the 116 deputies was most
fragrant violation of the constitution,
and yet the Government was constrained
to act upon it. The press also has set
the Senate's law at naught. It has dis
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