The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-27

ment ny law, remain unmoved for four years. !
think the career OF his predecessor, Mr.. Johnson
showed that and how much removed the Pres
idency was from the influence OF public opinion
whenever an obstinate President was In power.
But Mr.. Gladstone wonld be overthrown BY . hos
tile vote in the House OF Commons In week II the
nation 80 wed it.n it.,f . se.
GAABErrAs IDEAS or A FRENCH CONSTITUTION. 2
This criticism upon the English constitution en-
couraged your correspondent TO ask n. Gambetta
whether he himself had elaborated any scheme OF
constitutional government for France as the ldea
OF the Lett whom II came to power. " va ~
"Yes," said NJ Gambetta; 81 have my ideas and
II you have time will give them to you.''
Your correspondent added that he knew OF
nothing concerning France that would be more In.
telrstlng to the American people. as
''Weil," ne answered, "brieffy these. or course
we must have President. will never consent to
the government OF France BY triple consulate or
directory or q general commission or anything
or that kind. There should be an executive head
to France-a President. who should be elected for
term or iour or five years. He should not be
elected by direct universal surfrage as hitherto
think there Is better plan than that for France.
We have seen national misfortune como from the
election OF Q President by tine direct universal
SURFACES or the people. mean after lS4s. In
America, where you practically elect President
by the direct national vote, 1t was not so intended
by the founders OF the American constitution.
They never foresaw, nor do think they ever in
tended, that the electoral colleges should have
what we call in France nsandat tTnperattr forced
upon them In the matter Of choosing President"
The response was made to this criticism that In
the United States political anairs were so much In
the hands OF parties-skfuy organized and 0be-
dent In every way-that virtually the electoral
colleges had their DEGREES indicated when they
were nominated In the conventions; that no man
OF honor after accepting such q nomination, and
receiving an election, would violate the pledge,
and that they were voted for by the people upon
the express idea that they would respect their
pledges clH H ftf .asta1Or .Grf ~.
"But," said M. Gambetta, ''they are puppets.
The election IL the direct act OF the nation. There
Is the difference that in France the nation votes
one State, while the States vote In America that
President might be elected by majority of cleo
toral votes and q minority of popular votes.
think Lincoln was minority President. Now
should avoid what seems to be difficulty in the
United States, and what was certainly difficulty
in France, In our universal SUFFRAGE us we called
1t, by having the National Assembly elect the
President. Iw0uld have also o Grand Council OF
State somewhat like the American Senate, and
Grand COasefl a. Fiat in Switzerland, except that 1t
should not be chosen as there, by universal
Suffrage One half Of the members should be
named by the Assembly and one half by the Presi-
dent. would make this council about as large
as your Senate--eghty members In all
forty named by the Assembly, forty by the Execu-
tive. / would direct that no nominations be made
from the Assembly. i think this council would act
as a great conservative, strengthening force,
balance wheel as 1t were, acting as check upon
an Executive with despOtic aspirations and seda-
tive upon an angry and unreasonable Assembly.
This council should be the chief seat Of power in
France and its term Of Office should be longer than
that Of the Assembly. As for the Assembly would
favor general election every two years. I would
not favor partial election or any scheme OF re-
newsl. would have the Ministers among the
council. They should not be allowed to take part
in the debates Of the Lower House. They should
have an existence and responsibility apart.
Whenever the House desired to interpellate the
government or whenever the government wished
to communicate with the Assembly delegates could
be chosen by the Council Of State to communicate
with the Assembly. But would not allow Minis
ters to act as delegates. Furthermore, carrying
out the idea the Americans preserve in confirming
appointments to the service, would give this
general council an authoritative voice In oil great
state NEUTRALITY-SUSPICIOUS. for instance,
the desenstion~ Of generals to important CON-
mands and on. SO 1t would come to have an in.
nuencc in the direction OF foreign AFFAIRS and In
the appointment Of the judiciary"
''You DO not favor, them" said the correspond
cnt. ian elective judiciary ?"
no." said N. Gambetta, with quiet meaning
smiIe ''n0r am encouraged to favor 1t by the re-
suits OF an elective judiciary In America"
Your correspondent explained that even In
America, In the Supreme Court OF the United
States for instance, and all national Courts, there
was no election Of judges, and that with US 1t was
an experiment, as many things were experimental
In France ana elsewhere. Passing nom this the
question was asked as to how M. Gambetta would
arrange the National Assembly,
ten, SMALLER ASSEMBLY NEEDED.
'sThe first thing to do with the Assembly" said
NJ. Gambetta, "is to greatly decrease Its members.
presume 1t ia really the largest Assembly in the
world, and am afraid enjoys the distinction OF
being the most turbulent. We do not require $50
members. The presence Of 30 many gives oppor-
tunity to discord, intrigue and needless party
divisions. We have too many parties and shades
OF parties. So In planning a new and permanent
republican constitution I would provide for an
Assembly of about four hundred members This
would be sufficient to represent the country, and
would give MS peace and quiet in many cases
where peace seems to be- Impossible now"
Your correspondent referred to the mode OF vot-
ing, mentioning Paris a. an instance, where the
electors voted all In heap for forty three members
on one ticket, electng all or defeating all, having
so many candidates that few electors could know
their real merit, and asked whether this would be
changed in the proposed plan.
s certainly, said NJ. Gambetta. 'In Paris there
should be voting by reimbursement would pro-
vide that each reimbursement should be repre-
scented in proportion to its population and not arbit
rarity, as under the Empire. These arbitrary i'm
peral divisions were not honest. They were meant
TO influence votes. l would make representation
fair. each member representing 80 many people, and
have the term like that in America for two years.
This would bring the Assembly close to France,
nm give France the CHANCE of exnressi her Will