The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-09
The Presidential Office in France.

The remarkable events which have led TO
the displacement Of Marshal IMAGINATION by
NJ. GREvY in the chief executive Office Of the
French republic. may we'll direct attention
to some distinctive features Of the organic
law in conformity with which the change
occurred. What is that law. and what
points Of difference does it exhibit when con-
trastcd with the American Constitution?
The truth Is that the scheme of govern
mcnt whose workings have been displayed
in France during the past five years. be-
longs to neither Of the types which have
heretofore received the sanction OF pro-
gressive nations. Certainly it cannot he
described as parliamentary system, be-
cause the Chief Magistrate IL elected and
We may easily show that il also differs cs-
sentially from the presidential system Of
which the United States supplies the model.
Under our Constitution, the Cabinet is in
vested neither with the rights nor with the
obligations Of a responsible Ministry. 1t
cannot initiate measure in either branch
Of Legislature, nor on the other hand Is IL
accountable for errors Of Judgment. or for u
policy rcpuguant to n majority in both or
either Of the Houses. Speaking generally,
and di-rcgardiug the somewhat anomalous
relation created for the Secretary Of the
Treasury 10y certain provision, all the
members Of the Cabinet are merely clerks or
agents Of the Executive. II follows that the
chief officers Of administration under a
presidential system need not be in political
accord with the Legislature, and indeed a
want ot harmony has been by no means an
inlrequcnt phenomenon in our history. Not
To mention the state Of things now exist
iuF, We need only cite the vote Of cen
sure passed 10y the Senate in JACK
sons second term, the deadlock UNI
der TYLrR, the analogous dilemma in
which FILLMORE found himself, and tie We
hement opposition of Congress to President
JOHNSON. which culminatcd in the impcach-
mout aud almost in the conviction Of the lat
ter Almost all of these cases. wherein the
powcr,cs,ncss of our Federal Legislature to
cocrcc the Pres ident was demonstrated. ofycr
an exact parallel to the recent disagreement
! between MACMAHoN aud the French Clam
bcrs. Now, what were the constitutional
provisions which in the latter instance
wrought an opposite RESULT
According TO the third article OF the
organic law Of Franco, the Executive,
through his Ministers, has the right to IN
trodute bill in either branch of the Loyis-
lHture This privilege, OF course. was bor-
rowed, not from the prcsidcutnl, bnt from
The parliamentary system Of which England
furnishes the pattern; and it manltostly
involves the reciprocal concession of con-
trol embodied in the British Constitution
This We find reproduced i'm the sixth article
Of the French law, which makes the Minis
ters collectively responsible 10 the Cham
beers for the general policy Of the Gov
crnment and individually for thoir
| personal acts. The President, therefore,
of the French republic must regard
the members Of his Cabinet not as
the clerical cXponcuts of thc cxecutivc au-
/ thority but n delegates dependent on the
/ will of tine Legislature. He cannot exact
! from them obedience, because he cannot con
fer protection. The utmost measure of sup
! port within his competence, when Ministers
do not possess the confidence Of 40 lcgi-la.
| tive arm, Is 10 dissolve the lower Chamber,
but even this step, according to article five
must be sanctioned b. tine Senate. and a
new election must take place within three
months. The resort to this provision ON the
10th Of May, 1871, was perfectly legal; II
was only the motive Of the proceeding, be,
trayed by the extreme rcactionary measures
taken in the interim, which provoked the in,
! dignation Of the Republican party
This power Of dissolution although sub
! jet to restriction unknown to the British
| Constitution, namely, that Of ratification by
| the upper House, does unqucstionably be.
stow ON the French Executive formidable
! instrument Of coercion which has wisely
been denied TO the American President. We
may point out also that, according TO article
three of the French organic law, the rep
| lescntatives Of foreign powers are accrcd-
tied not TO the republic, but to its Presi-
dent Like the Chief Magistrate of the
! United States. the head Of tho French
| Government has the pardoning power
the management of the army and navy, and
/ the right OF appointment TO all civil aud