The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-20
The French Senate as q Court Of Inn
penchment


It Is worth while to note the composition
and functions OF the French Senate now
that it Is sitting as high court OF justice
to try twenty-five persons accused OF con-
spring to subvert the existing form OF
government. This ia the second time in
the history Of the Third French Republic
on which the Senate has had occasion to
exercise its judicial powers.
The French Senate differs materially, not
only from the British House OF Lords, the
German Bundesrath and the Swiss Council
of States, but also from the Senate Of the
United States and from that OF Italy.
The British House of Lords Is body
OF hereditary legislators, whose numbers
may be increased through the exercise
OF the sovereign's right to create new
hereditary peers, or life peers. The
true conception Of the German Bundesrath
Is that of an assembly OF the sover-
eigns OF the States composing the Ger
man Empire, which sovereigns are not,
indeed, actually present, but appear in
the persons OF their representatives, who
have quas-ambassadorial character, act
under instructions and may be recalled at
will. The Swiss Council OF States differs
from our Federal Senate in that 1t possesses
no specific functions It's powers being iden-
tical with those Of the National Council, or
Swiss House Of Representatives. Con-
sidered as bulwark OF state rights, how
ever, the Swiss Council of States is like our
Senate, for 1t contains two members from
each canton and one from each half-canton.
The Italian Senate. on the other hand, Is
not an elective body at all. 1t is an appoint
i've body, being composed OF the princes
OF the royal family, and OF members, the
number Of whom is unlimited, appointed by
the King for life from certain categories
defined by the Statute or fundamental
organic law OF the Italian monarchy.
So much for the composition OF the osten-
sible analogues Of the French Senate. The
latter body consists OF 800 members, and,
by the constitutional law OF Feb. "a, 1875,
225 Of these were to be elected for nine
years by the departments, while seventy
five were appointed for life by the Versailles
Assembly, which framed that law. The
life Senators were intended to be a perma-
nent feature OF the Senate, and it was pro-
vlded that. when any Of them died, his sue
cessor should be elected for life by the
Senate itself. In August, 1884, however,
the Senate and Chamber Of Deputies, meet
ing In joint session at Versailles for
revision purposes, passed a constitutional
amendment which, while leavinguntouched
the provisions relating to tho existence and
powers OF the Senate, took away the con-
stitutional character from the provisions
regulating the election OF Senators, which
thus became subject to charge by ordinary
legislation. In December OF the same year,
law was enacted providing that, as fast
as the life Senators died, their seats should
be distributed among the eighty-six depart
ments according to their respective popu-
lation; thus, eventually, all the Senators
would be elected in the same way. The
Senators so elected hold Office for nine years,
one-third retiring every three years; they
are chosen in every department OF France
by an electoral college composed OF the
Council, OF the members OF the councils OF
the ACCOMPLISHMENTS, and delegates chosen
by the municipal councils OF ths communes
OF towns. Before 1884, each commune
elected ono delegate, but, by the law OF
that year, the number OF delegates in
creases with the size OF the commune.
though much less than in proportion
TO the population. 1t was because these
communal delegates form large majority
~ the electoral college in each depart