The sun., 1908-08-16

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was tradition; but the dangers incident
TO an extreme unifoation had been brought
home repeatedly since 1859, and conse-
quently, while the national will tended
toward unity. national prudence demanded
liberty-guarantees against usurpation' 1t
was these two logically contradictory
tendencies which strove to acquire work.
able combination in the Constitution OF
1878. No provincialism and no central
authority-suoh was the double object
Of the National Assembly. Mr.. Hano-
taux wo,ld say that the. masterpiece OF
that body was to have evolved lasting
system which reoonoiled such apparently
irreconcilable elements. Unity was main
tanned, administration stands. but at the
cost of reduced governmental au-
thority. The State-Providence. persona
fed In Napoleon ILL.,. had been 30 detosted
that the new legislators were content with
a mere fgurehead in the Office OF Chief
Magistrate The appearance in the prin-
oipal post-the Presidency OF the Republic
of an energetic will and an exceptional
activity would be considered under the
Third Republio' as surprising and some
what alarming. In hatred Of the Second
Empire and perhaps also 9f NJ. Theirs
the Constitution of 1875 took care to pro-
teot the country against personal ambition,
even though this might be supported by
merit and services.
III. .
Jules Ferry had declared under the en-
pire: France needs a weak Government
Under divers pretexts the National Assem-
bly,. transferred from Bordeaux tower
sailles. rejected by turns every essential
element Of a strong executive power. 1t
was eventually decided that the Third Re-
public should be Of the parliamentary. not
the presidential type. The retention OF
any Presidency at all was a sacrifice made
to the idea Of unity. But parliamentarian-
ism was an immediate corrective and ready
restraint for the nominal chief whom the
French nation was still willing to accept.
For the first time the word parliamentary
was coupled with the word republic
The word parliamentary sufaoes to point
out the essential trait Of the Constitution
Of 1876. the trait. namely. that power be-
longs in the last recourse to Parliament;
and since Parliament is composed OF two
chambers power belongs especially to that
which is appointed directly by the people.
that is. to the Chamber Of Deputies. The
last named body governs. and does so by
means Of an organ which it appoints and
OF which 1t dieposes at nod. naLIely.
responsible Ministry. otherwise Cabinet.
Tho institution of Cabinet Is the very es-
senoe Of parliamentarianism. M. Hanotaux
points out that at the time when the Con-
stitution Of 1875 was voted the true con-
oeption Of parliamentary government had
been freed from the misconceptions under
which the first commentators, beginning
with Montesquieu, had hidden it. Such
later English writer's as John Stuart Mill.
Cornwall Lewis and Bagehot had laid bare
the handspring Of the organism. Bagehot
In particular. whose authority was appealed
to In the course Of discussion in the Ma
tional Assembly. had brought to the prob
lem two illuminating assertions: One that
the Cabinet is q committee OF the legisla-
tive body. chosen to exercise executive
functions; and the other that tho much
vaunted separation Of powers is in fact so
little characteristic Of parliamentarianism
that ON the contrary under that regime the
three powers are really combined into one
narrow solidarity. namely. the House Of
Commons.
The men then who voted the Constitution
Of 1875 understood thoroughly what they
were doing. They knew that Ministerial
responsibility consecrates at the same time
the subordination Of the Executive and the
dominant authority Of the Assembly. born
OF popular suffrage. Whatever they may
have said or pretended to believe. M. Hano-
taux insists that they could not have closed
their eyes to the significance OF the words
which they had inscribed in the law Of
February rs. 1875. and which were even
more decisive than the name republic.
the words. namely, that Each one OF the
decrees Of the President Of the Republic
must be oountersigned by a Minister; and
that 'the Ministers are together responsible
before the chambers for the general policy
OF the Government 1t follows that under
the French Constitution Of 1875 the sEIeou-
tive may struggle; 1t remains In tutelage.
Its hands are held by the Ministry which
applies the Presidential Ministerial sigma
ture at the bottom OF public documents
and which answers for everything before
the Assembly. In the France Of to-day.
then, the President does not command;
his pen is enslaved. The committee Of
the legislative body reigns in his name.
Whatever some OF the trainers Of the Con-
stitution of 1875 might have intended. II Is
certain that as things have turped out the
Presidency OF the Republic is not q strong
power but weak power After the
abortive attempt OF Marshal MaoMahon on
May 10. 1877, to govern through Ministry
unsupported by the Chamber Of Deputies
the Presidents who succeeded him have 30
thoroughly understood the purport OF the
Constitution that they have resigned them
selves to 1t and in practice have allowed the
last traces Of authority left to them to be-
come annihilated. The President OF the
French Republic has no effeotual force;
he cannot act alone; his principal part Is
to supervise. to counsel. to conciliate. The
refusal which he might oppose to the will
| Of his Ministers could merely be suspensive.
Decision is not left to him, and in spite Of
appearances when Cabinet has to be CON-
stituted he has no choice in the matter.
What is he, then. asks NJ. Hanotaux. but
a wheel. an organ. an instrument pro-
cedure 40 10 sneak? He In yery< like the