Council of State (France)

“ As a matter of fact, the Senate has fallen into the background, and the habit of considering the vote of the Chamber rather than that of the Senate as important in a change of Ministry has made it the true source of government in France. The two houses met at Versailles until 1879; since then Paris has been the capital, except for the election of a President. After separate decision by each house to do so, or the request of the President, they could meet in joint assembly as a Constitutional Convention to revise the constitution. ”

“ The mass of the proletariat was stripped of its political rights. According to the Constitution of 1793, all citizens twenty-one years old, born and living in France, were electors, and members of the sovereign people; according to the Constitution of 1795, on the contrary, it was necessary to pay a direct tax in order to be eligible to the electoral right. The Constitution of the year III, further, divided the legislative power into two bodies, the Council of Five Hundred, and the Council of Ancients; to be a member of the latter, one must have attained the age of forty. ”

“ Further, the king was accustomed to grant the brevet of councillor to a great number of the nobility and clergy, who could be called upon to sit in the council and give an opinion on matters of importance. But in the 17th century the council tended to differentiate its functions, forming three principal sections, one for political, one for financial, and the third for legal affairs. Under Louis XIV. it took a definitely professional, administrative and technical character. The conseillers à brevet were all suppressed in 1673, and the peers of France ceased to be members of the council. ”

“ As we before said, our modern Parliament is traced up in an unbroken line to the early Great Council, and to the still earlier Witenagemót. The latter institution, widely different as it is from the earlier, has not been substituted for the earlier, but has grown out of it. It would be ludicrous to look for any such continuity between the Diet of ambassadors which meets at Frankfurt and the Assemblies which met to obey Henry the Third and to depose Henry the Fourth. And how stands the case in France? France has tried constitutional government in all its shapes ”

“ The Parliament of Paris, though it had its use as some small check on the mere despotism of the Crown, can hardly come under the head of free institutions. France, as France, under the old state of things, cannot be said to have kept any free institutions at all ”

“ Consequently, while he was drafting it he also undertook the enormous task of the administrative, judicial, and financial reorganisation of France. The various powers were centralised in Paris. Each department was directed by a prefect, assisted by a consul-general; the arrondissement by a sub- prefect, assisted by a council; the commune by a mayor, assisted by a municipal council. All were appointed by the ministers, and not by election, as under the Republic. ”

“ The rulings of these Commissions will be presented to the Chambers, and the “bloc” will vote as one man. It is an admirable means of eliminating all useless discussion on the part of the opposition minority, which every day grows lesser, and still more less, and will soon reach the vanishing point. Thus after being governed by decrees and ministerial circulars, France will be governed by Commissions as under the Constituante, and the ideal of the Omnipotent State, universal teacher, preacher, and general purveyor, may be realized ere long. ”

“ It is not enough however, that this branch of the government has been delivered from its disastrous influence. The public welfare is in peril—The fate of France depends principally on its representatives—The nation expects from them its security. But in giving them a constitution, France has prescribed to them the only means by which she can be saved.
"Persuaded, gentlemen, that as the rights of man are the law of every constituent assembly, a constitution ought to be the law of the legislators, which that constitution shall have established. ”

“ The truth is, France is not yet essentially republican in its system. The people of France would, by a large majority, vote to fight for a republican form of government for their country, but they do not seem to comprehend the true policy of a republic, and it may be doubted whether the tendency of a single legislature, and the weight of Paris is not toward centralization—most anti or at least unrepublican. France must look to the federation of her departments. ”

“ We have been constantly guided by this great truth: that the sovereignty dwells with the French people, and that it is for their interest, happiness, and glory that the Supreme Magistracy, the Senate, the Council of State, the Legislative Body, the Electoral Colleges, and the different branches of the Government, are and must be instituted. ”

“ May this new lesson be studied and taken to heart by the revolutionists of the future."
"Malediction on the Conservative deputies! They deserve to be shot!"
"Our program contained in substance this: 'France is free, she wants a Constitution. She will accord to the provisional government no right but that to consult the nation. The people should not, and can not, alienate its sovereignty. No more royalty. Let the executive power be delegated to an elected President, responsible and subject to recall. The legislative power should be reposed in an Assembly elected by universal suffrage. ”

“ Nevertheless, the higher a man is placed the more independent he is, and the greater confidence the people have placed in him the more he has need of enlightened and conscientious councils. Thence the creation of a council of state, henceforward a veritable council of the government, first wheel in our organization, a collection of practical men, elaborating bills in special commissions, discussing them with closed doors, without oratorical ostentation in general assembly, and presenting them afterwards for acceptance to the legislative body. ”

“ These eighty councillors form the Council-General of the Seine, whose principal duty it is to prepare the budget of the department. They are forbidden to occupy themselves in any manner with politics. Though the prefects of the various departments are not supposed in France to exercise political functions, they are really political officers—that is to say, they are appointed by the Central {249} Government, and frequently, though in many cases secretly, do the work of political agents. ”

“ Whatever have been the changes of government in that great country—and many they have been, to be sure—we have seen a Convention, a Directorate, Consuls, and one Consul, and an Emperor, and the Restoration, and the Citizen King, and the Republic; Through all these different experiments centralization was the keynote of the institutions of France—power always centralized; omnipotence always vested somewhere. And, remarkable indeed, France has never yet raised one single man to the seat of power, who has not sacrificed his country's freedom to his personal ambition! ”

“ When there exists a serious and immediate threat to the institutions of the Republic, the independence of the Nation, the integrity of its territory or the fulfilment of its international obligations, and the regular functioning of the constitutional public authorities has been interrupted, the President of the Republic takes the measures required by the circumstances, after consulting officially the Prime Minister, the Presidents of the Assemblies and the Constitutional Council. ”

“ Meanwhile the clearing of the Government offices and the transference of yet more military to Versailles still went on. But the Committee (to its honour in one sense) was too eager to abdicate its functions and proceed to the elections for the Commune, to think of shutting the gates, or indeed of anything else. In order to legalise the situation and put the Revolution right with the rest of France, the co-operation of the deputies for Paris and of the mayors was resolved to be sought, in concert with whom the Committee wished to proclaim the elections. ”

“ And this tendency is common to all the countries of Europe."
"Sir," said the Greenwich locksmith, "England is no menagerie, for she has a Parliament on which her Ministers depend."
"Sir," said the Abbé, "it may be that one day France will also have Ministers obedient to a Parliament. Better still. Time brings many changes in the constitution of empires, and one can fancy that, in a century or two, France may adopt popular government. But, sir, secretaries of State, who count for little in our day, will then no longer count for anything. ”

“ Those who paid no taxes were not recognized as shareholders in the national concern. Like women and minors, they enjoyed the benefit of government; but as they were not independent, they possessed no power as active citizens. By a parallel process, assemblies were formed for local administration, on the principle that the right of exercising power proceeds from below, and the actual exercise of power from above.
This is mainly the measure which has made the France of to-day; and when it became law, in December, the chief part of the new Constitution was completed. ”

“ That the Council of the King have no doubt but this resolution will be productive of the good effects, which the Chevalier de la Luzerne had announced. The Count exhorts Congress to take hold of the present circumstances for the common advantage. He thinks it his duty freely and openly to declare, that the moment is come not to spend the time in expectation, deliberation, and useless exhortations; that though he would wish to avoid every disagreeable intimation, friendship and common interest oblige France to speak without reserve, and with perfect sincerity. ”

“ It is certainly true that the present state of things is an anomaly, but France is in its infancy as to constitutional practice, and the doctrine of Ministerial responsibility, with all its indispensable consequences, is not understood. ”

“ After these elections, on the 19th, it was finally decided to issue a political programme. This programme which was supposed to be drawn up by a commission of five members was mainly the work of a journalist, Pierre Denis, assisted by Delescluze. The former, a writer in Jules Vallés Cri du Peuple, was fanatical on the question of federal autonomy, and this he managed to place in the forefront of the new declaration which demanded the recognition of the republic, and the autonomy of the township or commune (irrespective of its size) throughout France. ”

“ French political history in the nineteenth century is not to be regarded as a succession of meaningless revolutions, born of a spirit of reckless and factious insubordination, but as the route whereby a people, inexperienced in self-government, have been gradually traveling towards the kind of self-government best fitted to their needs. It is entirely possible that the existing Republic, modified perhaps for the purpose of obtaining a more independent and a more vigorous executive authority, may in the course of time give France the needed political and social stability. ”

“ On February seventh, 1800, were promulgated the measures which still control departmental administration in France, the law which virtually revived the Bourbon system of intendants, imposing on the country that rigorous hierarchical-political centralization which no succeeding government—royalist, imperial, or republican—has been willing to dispense with. Working in coöperation with the wonderful social system of private life, it minimizes the consequences of political revolutions, and preserves the identity of France. ”

“ The Parisian electors now sent to the Hôtel de Ville a council in which the majority were Nationalists, in general sympathy with the anti-Semitic and plebiscitary movements. The nationalist councillors did not, however, form one solid party, but were divided into five or six groups, representing every shade of political discontent, from monarchism to revisionist-socialism. While the electorate of Paris thus pronounced for the revision of the Constitution, the provincial elections, as far as they had a political bearing, were favourable to the ministry and to the Republic. ”

“ The result of the first is, that no government in France is sufficiently strong; the result of the second, that government is entangled in affairs from which it were better freed, and every schemer and visionary is clamoring for government assistance to work out his plans.
Every ephemeral constitution we have had, has to-day a factious party ready to do battle for it. Thus, every administration finds itself surrounded with a coalition of minorities. Time alone can give authority to any constitution. ”

“ It is centralization alone which has prevented the French people from establishing a permanent republican government, and entailed upon them so many misfortunes. Had the provinces of France been converted into separate territorial provinces, like our State governments, Paris would then no longer have been France, and a revolution at the capital would not have destroyed the Federative Republic. ”

“ All the departments of France, without exception, paid the most unreserved submission to the decrees of the Assembly, or rather to those which the Community of Paris, and the insurgents, had dictated to that legislative body; so that the hour seemed arrived when the magistracy of Paris, supported by a democratic force, should, in the name and through the influence of the Assembly, impose its own laws upon France. ”

“ The people who in the days of the French régime were without influence and power, had gained under their new system, defective as it was in essential respects, an insight into the operation of representative government, as understood in England. They found they were governed, not by men responsible to the legislature and the people, but by governors and officials who controlled both the executive and legislative councils. ”