French Senate

“ By the Constitution of 1875 the government of the French Republic was vested in a Senate and a Chamber of Deputies. The Senate consisted of 300 members, of whom 75 were chosen for life by the expiring Assembly, their successors to be elected by co-optation in the Senate itself. ”

“ 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 French Republic is essentially a parliamentary republic. The right of dissolving the Chamber of Deputies before the expiration of its term of office belongs to the president, but in order to do so he must have, besides a ministry which will take the responsibility for it, the preliminary sanction of the Senate. The Senate is at the same time a high court of justice, which can judge the president of the Republic and ministers accused of crimes committed by them in the exercise of their functions ”

“ By custom the President selects the Premier from the majority and the latter selects his colleagues in the Cabinet, trying to make them representatives [Pg 66] of the wishes of the Parliament. The French Republic is therefore managed by a parliamentary government.
The first elections under the new constitution resulted very much as might be expected: the Senate became in personnel the true successor of the Assembly, the Chamber of Deputies contained most of the new men. The Senate was conservative and monarchical, the Chamber was republican. ”

“ Few of the life members survive to-day. When they shall have disappeared, the French Senate will comprise a compact body of three (p. 317) hundred men apportioned among the departments in approximate accordance with population and chosen in all cases by bodies of electors all of whom have themselves been elected directly by the people. The present apportionment gives to the department of the Seine ten members ”

“ 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. ”

“ The Senate, whose members must not exceed three hundred and forty-eight, shall be elected by indirect suffrage. The Senate shall ensure the representation of the territorial communities of the Republic. French Nationals living abroad shall be represented in the National Assembly and in the Senate. Article 25. An Institutional Act shall determine the term for which each House is elected, the number of its members, their allowances, the conditions of eligibility and the terms of disqualification and of incompatibility with membership. ”

“ The representatives of the nation will, in fact, maturely perform their serious functions.
Another assembly takes the name of senate. It will be composed of the elements which, throughout the whole country, create legitimate influences—an illustrious name, fortune, talent, and services rendered. ”

“ The chief of the state has the right, by a secret act deposited in the archives of the senate, to point out to the people the names of the citizens whom he recommends to the interest of France to the confidence of the people and to their suffrages. ”

“ The extremists had in time another grievance against Jules Ferry in his opposition to a radical revision of the constitution. The enemies of the Republic still feigned to believe, especially when the death of the comte de Chambord in 1883 had fused the Legitimists and Orléanists, that an integral revision would pave the way for a monarchical restoration. The Radicals demanded the suppression of the power of the Senate, whose consent was necessary to summon a constitutional convention. A Congress was summoned in 1884 at which the very limited programme of the Ministry was put through. ”

“ Such are the characteristics of men whose 'senatus consultum' bestows an Emperor on France, a King on Italy, makes of principalities departments of a Republic, and transforms Republics into provinces or principalities. To show the absurdly fickle and ridiculously absurd appellations of our shamefully perverted institutions, this Senate was called the Conservative Senate ”

“ I was myself of opinion that it would be right first to know how the Senate should be appointed, because it would determine many Gentlemen how to vote for the choice of Members for the first branch,—it appeared clear to me that unless we established a Government that should carry at least some of its principles into the mass of the people, we might as well depend upon the present confederation. If the influence of the States is not lost in some part of the new Government we never shall have any thing like a national institution. ”

“ King; and no inference can be drawn from what he says, that there is any right or power in a State Legislature to demand obedience or resignation from a Senator, to their instructions. He considers their instructions to be, what in truth and practice they have always been, nothing more than advice or information coming from a high source and entitled to great respect. He says, “the Senate is to be composed of men appointed by the State Legislatures. They will certainly choose those who are most distinguished for their general knowledge. ”

“ More importantly, you will be vindicating the confidence that the Framers placed in each person who takes the oath of office, as Senator, upholding a trust that echoes through the centuries.
I share the confidence that Roger Sherman, Oliver Ellsworth, and the Framers placed in this body and in its members. But I am not blind. The Senate today, in my view, is not functioning as it can and should.
But look around you. This moment is difficult, not only for this body, but for the nation it serves. ”

“ The senate, as it stands, as it was meant to be in the Constitution, is the strongest safeguard which the fundamental law established against centralization, against the tyranny of mere majorities, against the destruction of liberty, in such a diversity of climates and conditions as we have in our vast continent. It is not a mere check upon hasty legislation; like some second chambers in Europe, it is the representative of powers whose preservation in their dignity is essential to the preservation of the form of our government itself. ”

“ In these days its membership is recruited very largely from the Deputies, so that it includes not only many men of distinction in letters and science but an unusual proportion of experienced debaters and parliamentarians. A leading American authority has said that it is "composed of as impressive a body of men as can be found in any legislative chamber the world over." [476] The sittings of the Senate, since 1879, have been held in the Palais du Luxembourg, a splendid structure on the left bank of the Seine dating from the early seventeenth century. ”

“ Let me be understood as admitting the power of the Senate, where it is essential to its own protection or the protection of its privileges, but not where it is required merely in aid of legislation. The difference is world-wide between what is required for protection and what is required merely for aid; and here I part from Senators with whom I am proud on other matters to act. They hold that this great power may be exercised, not merely for the protection of the Senate, but also for its aid in framing a bill or in maturing any piece of legislation. ”

“ The Senate has been much abused; great outcry has been raised against its servility and baseness; but declamation is not proof. What was the Senate expected to do? To refuse conscripts? Was it wished that the committees of personal liberty and of the liberty of the press should bring disgrace upon the Government? or that the Senate should do what was done in 1813 by a committee of the Legislative body? ”

“ The President shall be nominated by the King at the opening of each session, from among the hereditary Senators.
The Senate shall choose its other officers, such as registers, sergeants, and doorkeepers.
Every Senator shall lose his place for the crime of high treason, and for dishonorable actions or scandalous conduct, according to the decision of the Senate. A Senator cannot be judged except by the Senate.
The King can appoint to the Senate the son of one, who has lost his place, but he cannot reinstate a Senator degraded by a decision of the Senate. ”

“ I never despaired of the Senate; never thought there was any danger of its functions not being appreciated by the people, if it were only true to itself; and what we have to do now, as I think we are emerging from our state of transition, is to prove to the people that we possess powers equally important and exercise them in a manner equally beneficial to the country in our own departments to those that are possessed and exercised by other branches of the Legislature in theirs. ”

“ For this reason, the people’s own choice of Senators is necessary to their efficiency and authority. In countries formed out of a Confederation this difficulty is evaded by the creation of the Senate from the Federated States, while creating the First Chamber directly from the whole people. ”

“ These are outward and visible signs of the inward political growth of a new power of the Senate — the attempt of the senators by combination to make the president a mere clerk to transmit to the Senate as a constitutional body nominations handed to him unofficially by the individual senators. ”

“ In my humble judgment, the historic Senate, preserving the unrestricted right of amendment and of debate, maintaining intact the time-honored parliamentary methods and amenities which unfailingly secure action after deliberation, possesses in our scheme of government a value which can not be measured by words. The Senate is a perpetual body. In the terse words of an eminent Senator now present: 'The men who framed the Constitution had studied thoroughly all former attempts at Republican government. ”

“ Against the force of the immediate representatives of the people, nothing will be able to maintain even the constitutional authority of the Senate, but such a display of enlightened policy, and attachment to the public good, as will divide with that branch of the legislature the affections and support of the entire body of the people themselves. ”

“ The appointment of senators depended entirely upon the king. They were not appointed for life, but at the pleasure of the king who summoned them. It is possible that a king might change his advisers during his reign, and a new king could certainly abstain from summoning some of those convened by his predecessors. [2] The powers of the senate at this time were very indefinite. Tradition ascribes to it the control of the interregnum and a power of sanctioning acts of state (patrum auctoritas) , to which it is difficult to give any significance for this early period. ”

“ The Senators are not popularly elected, but are chosen by the State legislatures, and for the long term of six years, while Representatives are elected by the people, every two years. The effect was, that the Senate became the most powerful body in the Republic, which it really ruled during the last twelve years of the old Union's existence, when our Presidents were of the Forcible-Feeble order of men. ”

“ The Senate, sir, is so constituted that they are not only to compose one branch of the legislature, but, by the second section of the second article, they are to compose a privy council for the President. Hence it will be necessary that they should be, in a great measure, a permanent body, constantly residing at the seat of government. Seventy years are esteemed for the life of a man ”

“ Their weight is far inferior to that of the Commons. Here is a strong instance of the accumulation of powers of the different branches of government without producing any inconvenience. That Senate, sir, is a separate branch of the legislature, is the great constitutional council of the crown, and decides on lives and fortunes in impeachments, besides being the ultimate tribunal for trying controversies respecting private rights. ”

“ The people will also be jealous, that the influence of the senate will be employed to conceal, connive, and defend guilt in executive officers, instead of being a guard and watch upon them, and a terror to them—a council selected by the president himself, at his pleasure, from among the senators, representatives, and nation at large, would be purely responsible—in that case, the senate, as a body, would not be compromised. ”

“ The Senate is presumedly more conservative in its action, and acts as a safeguard against the precipitate and changing legislation that is more characteristic of the House of Representatives, which, being chosen directly by the people, and at frequent intervals, is more easily affected by and reflects the prevailing temper of the times. ”

“ If you begin with the subordinate officers, they are dependent on their superior, he on the next superior, and he, on whom?—on the Senate, a permanent body, by its peculiar mode of election, in reality existing forever—a body possessing that proportion of aristocratic power which the Constitution no doubt thought wise to be established in the system, but which some have strongly excepted against. ”

“ When the Senate act as legislators, they are controllable at all times by the representatives; and in their executive capacity, in making treaties and conducting the national negotiations, the consent of two thirds is necessary, who must be united to a man, (which is hardly possible,) or the new men biennially sent to the Senate, if the states choose it, can control them; and at all times there will also be one third of the Senate, who, at the expiration of two years, must obtain a reelection, or return to the mass of the people. ”