The sun., 1908-08-16
SOME NEW hooks.
The Present French Constitution.

Prof. A. Lawrence Lowell's work on "The
Government Of England" has directed
attention to the study OF constitutional
aovernment in general Next in interest
among foreign politics for AmDoican citi-
xens is the Constitution OF the existing
French Republic. and fortunately we have
q recent and authoritative exposition OF this
Juhtect In the third volume of the history
OF contemporary France, by NJ. GABRIELLE
sA&oyAux, ex- Minister for Foreign Affairs
CPutnams). A considerable part OF this
volume Is devoted to an account OF the
structure OF the French Constitution OF
1878, whach with few amendments con-
stitutes the organic law OF the present
French Republic. or particular interest is
tho analogy drawn by M. Hanotaux between
this instrument OF government and the
American Constitution.
We pass over the earlier chapters OF the
volume, in which are described the debates
and proceedings Of the National Assembly
alter its removal from Bordeaux to Yer
sailles, concerning the form Of government
which should be given to France, and come
directly to the organic law which was the
ultimate outcome OF the prolonged and
heated disou ssion. We simply recall in
passing the contemporary comments OF
J.sJ. Weiss on the birth throes Of the exist
ing French Constitution, the comment that
sfhs National Assembly spent its years in
dreaming of monarchy while realizing
q republic That is why in the French
mind, which willingly dwells on the comic
side OF things. the Constitution Of 1878 was
for some time discredited on account OF
the conditions under which 1t was voted.
M. Hanotaux Is fully alive to the fact that
this organic law 10 not one OF those recti-
linear edifices which the theorists OF the
nineteenth century took pleasure in plan
ming. II Ia rather an inooherent monu-
rnent, OF which it would be impossible to
name the architect. Indeed. the word
monument 10 scarcely appropriate to the
shapeless something on which the name
sCoAutitution' was not even inscribed. and
which was surmounted by a threatening
revision clause. The fact that the resolu-
ton declaring France republic was adopted
by q majority Of only one is symbolic. 1t
viii be remembered that the Constitution
Of the United States was born under cir
cumstances scarcely less difficult and ex-
citing. The spirit Of accommodation which
at last brought about a reluctant agree
ment was expressed by NJ. Laboulaye. who
quoted as peculiarly opposite Franklin's
words: when you gather together a
certain number Of men in order to profit
by their assembled wisdom you inevitably
gather together all the passions and pref
udices Of those men. all their wrong ideas
local interests and selhshness. Can per-
feet work be expected from an assembly
thus composed2' Franklin added: 'As
for me. accept this Constitution because
hope for no better one. and because am
not sure that It is not the best. sacrifice
TO the public good the opinion have formed
OF its defects. I have never whispered a
word Of this outside. 1t is within these
walls that my doubts were born, within
these walls that they must die The as
senbly room Of Versailles was the theatre
Of similar avowals and equally honorable
actions, and NJ. Hanotaux may well deem
1t precious guarantee for the durability
Of the work OF 1875 that such sentiments
should have been present at its origin and
that the past should offer such precedent.
The author of this history recognizes that
in order thoroughly to understand the
organic law Of the Third French Republic
It is useful IL not indispensable to recall
that which was fashioned for the Second
Republic on November 4. 1s4s. The last
named instrument borrowed from the
United States among other things the in
stitution Of one President elected by the
people. No account. however. was taken
OF the capital element which was at the
basis Of the American Constitution. namely,
federation. In the United States the dis
persion Of authority and Of governmental OF
administrative activities protects the de-
uaocracy against the peril Of tyrannies or
dictatorships. In France. on the other
hand. q rooted prejudice cultivated under
the dncien regime and intensified during
the ascendenoy OF the Jacobins-in favor
Of unity and GENERALIZATION made the trans
plantation to France OF the American fed
erative system impossible. The formula
capable Of combining democratic suffrage
and hberalism with strong and centralized
power had not been found in is4s. if il has
even since been discovered.
Under tho organic law Of the Second
French Republic all authority was tc
ernanate from the people, But the two
powers. equally elected by the people. were
opposed to each other on one side the leg.
islative power with one chamber only; or
the other the executive. without the respon.
sibility Of Ministers. That is to say, the
type Of government was Presidential, moi
Parliamentary. Another and still more
dangerous contradiction was due to eco.
nomic and social facts. Previous Govern.
ments had recognized by property quail
hcation for the franchise the immense in.
crease Of wealth which the triumphs o.
industry and commerce had given to the
middle Glasses. On the other hand, as the
revolution Of lS4s was prevented by its
principals from escaping the social respon
sibilities brought about by the advent o.
democracy. it had logically to accept in the
name of organized society the duty o.
assistance and to concede to the peopl,
the right to labor; in a word. 1t had t.
lend itself to programme Of intentions
and experiments which went infinitely be
yond the financial means at its disposal and
which could only be realized by a commu
mist or collectivist organization. That is t.
say. fatal antagonism between the legis
lative power and the executive power, anc
the inevitable necessity Of choosing between
the failure Of liberalism or the failure o
aocialiem-eiIch wara the causaa of r,,iy