Page:American Historical Review vol. 6.djvu/489

 French Govcrinneitt i)i Ihc ]'csf Indies 479 In 1852 the system of special legislation was again restored on the ground that the interests and needs of the colonies differed essen- tially from those of the mother country, and that the hand of au- thority and the soothing influence of time were necessary to har- monize the social elements distracted by a radical revolution. It was stated that it was not so much the purpose of the government to discard the colonial element in metropolitan legislation, as to free the situation in the colonies from the agitation of political elections.' The right of representation in the national parliament was accordingly annulled.- The Senate, which had been given the power of organic legislation by the constitution of 1852, decreed by the Siiialiis-coii- sultc of 1854 (May 3) that there should be in the colonies appointive general councils with functions analogous to those of the French departmental assemblies. This measure laid the foundation of the present system of colonial councils. The function of ordinary leg- islation for the colonies was by the Senate delegated to the executive power, to be exercised by means of administrative decrees, or by orders in council of state. This arrangement is known as the sys- teme des dec rets. By the very important Senatus-consulte of 1866 (July 4) the powers of the colonial councils were substantially augmented, and they acquired distinctive attributes not possessed by the depart- mental assemblies. Thus they received the power to legislate on all matters concerning the management of public property, acquisi- tion thereof by the colony, and grants made out of it ; on public works and concessions for their execution ; on the system of roads ; and finally, most important of all, they were given the right to vote all taxes and contributions, to fi.v the customs tariff and the tariff of the octroi de mcr} The councils remained appointive, one half of their number being named by the governor, the other half by the municipal councils, which were themselves appointed by the head executive. The above attributes of legislation, together with ex- tensive powers of deliberation and advice on matters of the budget and colonial administration, gave the councils great influence. Still thej' were rather an administrative council than a legisla- ture and had no share in the ordinary civil or criminal legislation, as the French codes were in force in the colonies. The govern- ments immediately following the Revolution of 1870 did not change these functions of the general councils, but, as the principle of elec- tion by manhood suffrage was introduced, they soon became almost ^ Expose des Motifs, Procis-vcrbaiix, Seiiat, 1852, I. 447 ft". 2 Decrit Organi(]ut dit 2 fevrier, iSj2. ^T'hepacte colonial, or system of navigation laws, had been abolished in 1861.