States General of France

“ No country, indeed, has had so many legislative and governing assemblies as France, which until the Revolution was as nearly as possible an absolute monarchy. The States-General, under the ancient régime, were convoked from time to time by the king, but had no real power. The most that can be said in their favour is that they at least preserved among the people the idea of popular representation. ”

“ The formation of new constitutions, in countries not thus divided, involves only the adaptation of new institutions and forms to the genius, the laws, and the habits of the people. The monarchy of France has, in our day, been first remodelled, and afterwards swept from the face of Europe, to be followed by a republican constitution, which has in its turn been crushed and superseded. But France is a country that has long been subjected to as complete and powerful a system of centralization as has existed anywhere since the most energetic period of the Roman empire ”

“ On the establishment of a Republican form of government in France in 1848, the President of the United States transmitted a message to Congress, in which he said: “We can never forget that France was our early friend in our eventful Revolution, and generously aided us in shaking off a foreign yoke and becoming a free and independent people. We have enjoyed the blessing of our system of well regulated self-government for nearly three-fourths of a century, and can properly appreciate its value. ”

“ The French monarchy was never absolute; the intervention of the States General has always been necessary for sanctioning the principal acts of the Legislature, and for levying new taxes. Subsequently, the French Parliaments, under the pretence of being States General on a small scale, and seconded by the Court, usurped the rights of the nation. In 1788, the Parliaments were the first to acknowledge them. Louis XVI. convoked the States General in 1789, and the nation exercised a portion of the sovereignty. ”

“ The third French republic was proclaimed in 1870 and is the present government of the country. Under the constitution there is a senate, the members of which are elected for nine years, and a lower house, elected for four years. The president is chosen by these two houses of the legislature for a term of seven years. No member of the old royal families may become president of the republic. The president of France does not possess nearly so much power as the president of the United States. ”

“ They trust that this interest will not fail to be recognized by the powers, whose aid is solicited, and that in consequence they will not refuse to employ, in conjunction with their said majesties, the most efficient means in proportion to their resources to place the King of France in a position to establish, with the most absolute freedom, the foundations of a monarchical form of government, which shall at once be in harmony with the rights of sovereigns and promote the welfare of the French nation. ”

“ Thus in France people do not manage their own affairs, but they are managed for them by a hierarchy of officials with its head at Paris. This system was devised by the Constituent Assembly in 1790 and wrought into completeness by Napoleon in 1800. ”

“ 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! ”

“ They had saved that sacred deposit of the country during the reigns of arbitrary princes, and the struggles of arbitrary factions. They kept alive the memory and record of the constitution. They were the great security to private property, which might be said (when personal liberty had no existence,) to be as well guarded in France, as in any other country. [47]
§ 1603. The importance of a permanent tenure of office, to secure the independence, integrity, and impartiality of judges, was early understood in France. ”

“ 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. ”

“ Every thing that comes from him is, in my opinion, valuable.
NOTE I. "The Convention, called by a law of the Legislative Assembly to give a new constitution to France, decreed the Republic; not that the most enlightened did not think the republican system incompatible with the existing state of manners in France, but because the Monarchy could not be continued without placing the Duke of Orleans on the throne, which would have alienated a great part of the nation.
"An executive power, consisting of five ministers, was established by the Convention for conducting the affairs of the republic. ”

“ France was not a state, but a combination of several states, connected together without amalgamation. The whole had been determined by chance and by the events of past ages. The Revolution, guided by the principle of equality, both with respect to the citizens and the different portions of the territory, destroyed all these small nations: there was no longer a Brittany, a Normandy, a Burgundy, a ChampagneChampagne, a Provence, or a Lorraine; but the whole formed a France. A division of homogeneous territory, prescribed by local circumstances, confounded the limits of all the provinces. ”

“ In a word, I said to myself, since France has existed for the last fifty years only in virtue of the administration, military, judicial, religious, and financial organization of the consulate and the empire, why should we not adopt likewise the political institutions of that period? As they were created by the same mind, they ought to bear in themselves the same character of nationality and practical utility.
In fact, as I stated in my proclamation, our present society, it is essential to declare, is nothing else than France regenerated by the revolution of ‘89 and organized by the emperor. ”

“ France had no sooner established a republican form of government than she manifested a desire to force its blessings on all the world. Her own historian informs us that, hearing of some petty acts of tyranny in a neighboring principality, "the National Convention declared that she would afford succor and fraternity to all nations who wished to recover their liberty, and she gave it in charge to the executive power to give orders to the generals of the French armies to aid all citizens who might have been or should be oppressed in the cause of liberty." ”

“ The president replied to the king:—"The National Assembly having arrived at the termination of its career, enjoys, at this moment, the first fruit of its labours. Convinced that the government best suited to France is that which reconciles the respected prerogatives of the throne with the inalienable rights of the people, it has given to the state a constitution which equally guarantees royalty and liberty. ”

“ The Republic of France covers an area of 204,825 square miles, and its population, as given in the Moniteur, February, 1847, was 35,400,486; besides which, the French colonies have about 1,000,000 inhabitants. The Constitution of the Republic was voted by the National Assembly at its sitting, November 4, 1848. The Introduction recites that France constitutes herself a Republic, and that her object in so doing is a more free advance in progress and civilization. The Constitution consists of twelve chapters, containing 116 articles, as follows: I. The sovereignty is in the body of citizens. ”

“ Under these circumstances, no successful effort can be made; and I have collected from various sources, that the general idea of the French at present is, to wait till the new constitution appears, and to accept it, though it should be even more anarchical and tyrannic than the last. They then hope that the Convention will resign their power without violence, that a new election of representatives will take place, and that those representatives, who they intend shall be men of honesty and property, will restore them to the blessings of a moderate and permanent government. ”

“ 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. ”

“ It was the special peculiarity of France that an extraordinary diversity of laws continued without sensible alteration while the central authority of the monarchy was constantly strengthening itself, while rapid approaches were being made to complete administrative unity, and while a fervid national spirit had been developed among the people. ”

“ Congress have reason to believe, that the assistance so wisely and generously sent will bring Great Britain to a sense of justice and moderation, promote the interests of France and America, and secure peace and tranquillity on the most firm and honorable foundation. 251 Neither can it be doubted, that those who administer the powers of government, within the several States of this Union, will cement that connexion with the subjects of France, the beneficent effects of which have already been so sensibly felt. ”

“ There is no more fear for acquired rights, no further barrier between us and the rights which we still require. A government which may, without delay, secure to us these advantages is now the first want of our country. Frenchmen, those of your Deputies who are already in Paris have assembled and, till the Chambers can regularly intervene, they have invited a Frenchman who has never fought but for France—the Duc d'Orléans—to exercise the functions of Lieutenant-general of the Kingdom. ”

“ The plan of Henry IV. of France and the Duke of Sully contemplated a federal republic of Christendom, comprising six hereditary crowns (France, England, Spain, Sweden, Denmark, Lombardy) , five elective crowns (the Empire, the Papacy, Bohemia, Hungary, Poland) , and four republics (Venice, the small Italian states, Switzerland, and the Netherlands) . There was to be a federal government in three branches, legislative, executive, judicial; a federal army of about three hundred thousand men, and a powerful federal fleet. ”

“ 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. ”

“ But if this article should be so construed as that France should enjoy, of right, and without paying the equivalent, all the advantages of such conditions as might be allowed to other powers in return for important concessions made by them, then the whole character of the stipulations would be changed. She would not be placed on the footing of the most favored nation, but on a footing held by no other nation. ”

“ Paris now offers an interval of tranquillity which we mean to avail ourselves of, and shall, in a day or two, leave this place with the hope of procuring passports for England. The Convention affect great moderation and gratitude for their late rescue; and the people, persuaded in general that the victorious party are royalists, wait with impatience some important change, and expect, if not an immediate restoration of the monarchy, at least a free election of new Representatives, which must infallibly lead to it. ”

“ Whatever may have been the character of the men who legislated for France afterward, no thoughtful student of history can deny, despite all the arguments and sneers of reactionary statesmen and historians, that few more keen-sighted legislative bodies have ever met than this first French Constitutional Assembly. ”

“ All titles were abolished, the nobles were reduced to the condition of citizens, and the priests to those of public functionaries; the application of the death-penalty was greatly restricted; all Frenchmen, without regard to their birth or religion, were eligible to all public offices and all military grades; the ancient provincial departments of the nation were replaced by departments. "The territory of France is free throughout its length and breadth, like the persons who inhabit it." ”

“ This led to the formation of a class of men who, though bound in many ways to the crown, were actually independent. Hence the tendency in the 18th century to create new and important functions under the form, not of offices, but of simple commissions.
In this period of the history of France were evolved and defined the essential principles of the old public law. There were, in the first place, the fundamental laws of the realm, which were true constitutional principles, established Fundamental laws of France. ”

“ The repeated acts of violence which have been committed on the property of American citizens, might in the opinion of some, have justified reprisals; but the policy of the Federal Government has directed to other measures. The wisdom of our own Councils, with the unexampled successes of our magnanimous Ally, the Republic of France, afford the strongest ground of hope, that under the continued smiles of Divine Providence, peace and tranquility, so interesting to a rising Republic, will in the end be firmly established. ”