The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-13

tive assemblies. Each succeeding Parliament
Is competent to act in either capacity. and the
same procedure with which bankruptcy or the
cattle trade is regulated would suffice TO alter
the succession to the Crown. That the working
of this system, oven with O wide franchise, does
not result In either inordinate constitutional
changes or collisions between tho estates OF
the realm 10 attributed by Mr.. Bodley. and,
doubtless. correctly. to the national character.
though he admits that 1t may be partly due to
the wisdom of former generations Of English
mon, who refrained from substituting a writ
ten Constitution for tho scattered laws and ira
ditions which ordered the government OF tho
Kingdom. Drawn up in the form of a statute.
the so-called British Constitution would present
perpetual temptation to reformers. even though
safeguarded by tho precautions with which oil
communities. whether promo to change or not.
find 1t necessary to protect a written organic law.
What was tho constitutional crisis which
contemporary Frenchmon have in mind when
they speak Of the Seize Mai, by which. Of course,
they mean the 10th OF May, 1871 We should
recall at the outset the fact that, among the
prerogatives conferred on tho President by tho
Constitution OF 1878 was that Of dissolving the
Chamber Of Deputies before its legal term. on
the advice Of the Senate. and that OF adjourn
ing the sittings of Parliament for a month.
How camo Marshal MacMshon to use both
of these preroeatives at the crisis to
which we have REFEREED 10 answer that
question we must go back a little and recall
the fact that the first Chamber elected after the
voting of the constitutional laws Of 1878 con-
tanned a large Republican majority, constituting
the famous 1853: on the other hand, In the Sem
ate. tho reactionaries preponderated. The
Clerical party, disappointed by its defent at the
polls, became SO aggressive that the Ministry.
presided over by NJ. Julos Simon. the least anti.
clerical OF French Liberals. had to accept tho
motion inviting it to use the same dis
ciplinary policy towards the Church which
had been followed by Napoleon III. and
Louis Philippe. 1t was then that Gam.
beta made use of his famous e~xplana-
ton. 10 clericalisme. VOLTA Tennemi." Some
days later. on the morrow OF a less important
debate. a letter appeared in the journal O6iciel.
dated May 16. 1877. from President MacMahon
to his Prime Minister, informing him that he
had no longer his confidence, as it was clear
that he had lost the influence over the Chamber
which q President Of the Council ought to exor-
else. NJ. Jules Simon resigned and the Duo de
Broglie took his place, the President nnnounc-
ing to the Chambers that he intended to act on
his constitutional right OF choosing counsellors
sharing ulB NleWs,u nu. ny VlTJuo y 1 IL u VI
1873. he adjourned them for q month. On re-
assembling. tho Lower House. by a large ma
jority. denounced the coalition Of groups hostile
to the republic. wheroupon tho Senate, ut the
request Of the President, authorized the dissolu-
ton OF Parliament. The administrative cleo
toral machinery WAS now in the hands Of the re.
dictionaries. the Broglie Ministry having fol-
lowed the policy traditional in France Of replac-
Ing the functionaries hostile to it with Its own
partisans; but, in spite Of this advantage for the
official candidates, supported by the Government
according to tho methods practiced under the
empire and of a fiery manifesto Of tho Marshal
President. q Republican majority was sent back
to tho Chamber. and the Broglie Cabinet re.
signed. The Marshal sent for Gen. de Roche
houct. who formed n Ministry Of unknown reac-
tiona-ics, but as the Chamber refused to vote it
supplies. it survived only for a few days. when
NJ. Dufaure formed a republican Cabinet, which
lasted only for the remainder of the MacMahon
Presidency.
Mr.. Bodley devotes several pages to the history
of the Seizo Mai, for the reason TINT 1t indicates
the difference between tho English and the
French conception of what is constitutional, and
also displays how inconveniCntly n written con-
stitution may work with Parliamentary institu-
tions. The constitutional laws OF the Third Re-
public make no mention Of the nomination OF
NllnlSlCTb, winch Is ucclucu tHO UTeTORdIlVc D l
the President. in virtue of tho article investing
him with the appointment to all civil and mill
tary posts. The practice now is for n member of
the retiring Cabinet 10 countersign the Presiden-
tial nomination OF the new Prime Minister. who.
in turn. countersigns the nominations OF his COL
leagues; but II all the retiring Ministers should
refuse thus to indorse the nomination of the new
President of the Council. there would be prob
ably a deadlock the law making no provision
for the case. Here we have. then. what in Eng
land would be called n constitutional practice
growing up side by side with n written Consti.
tuition. Again. the law is silent on the powers
OF the President of the republic to dismiss a
Ministry, so an unwritten theory has here also
to DO applied to the effect that the President
cannot make his Ministers resign SO long as they
retain the confidence of the majority In the pop
ular Chamber. On the Seize Mai. the Ministry
dismissed by the Marshal had n great majority
in the Chamber. and his arbitrary disregard for
it was. from the English point OF view. an
unconstitutional act. Yet contemporary rec
ords show that. amid all the passion reused
by this coup d'ttdt. 1t WINS rarely suggested
that the President had acted unconstitutionally
though his action was VIGOROUSLY due to the ad-
vice of a small band OF irresponsible counsellors
unknown to the Constitution. Indeed. Gam
beta, the rival champion of MacMahon in this
crisis, said. in all sincerity. on the morrow OF the
event, mo one can deny the Presidents loyalty
TO the Constitution" Horein Mr.. Bodley dis
Germs the difference between the English and the
French conception of loyalty to the Constitu-
ton. A British sovereign might adhere to the
letter OF the written law and yet be guilty of
unconstitutional conduct. The chief OF the
French Executive, so long as he adheres to the
letter of the written law. is not accounted dis
loyal to the Constitution. oven by his enemies.
The turbulence OF the debates at Versailles.
when the Chamber OF Deputies reassembled, did
not favor calm j~uridicai discussion. and few OF
the speakers referred to the constitutional as-
poet OF the crisis. GRmbetta. during tho nd.
journmcnt. had said: "Thc struggle is more
profound than a mere combat for the Constitu.
ton. The struggle is between the old castles.
with their privileges of q bygone regime. be-
tween tho agents Of the thcocracy of Rome and
the Sons OF 1882" This language. stripped OF
rhetoric. oppressed the opinion OF both parties
in the contest. The Seize Mai WAS II political
and not n constitutional crisis. Tho real CUES
ton at issue was not whether tho President OF