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Rh 1875, were passed two statutes defining the legislative and executive powers in the Republic, and organizing the Senate.

These joined to a third enactment, voted in July, form the body of laws known as the “Constitution of 1875,” which though twice revised, lasted without essential alteration to the twentieth century. The legislative power was conferred on a Senate and a Chamber of Deputies, which might unite in congress to revise the constitution, if they both agreed that revision was necessary, and which were bound so to meet for the election of the president of the Republic when a vacancy occurred. It was enacted that the president so elected should retain office for seven years, and be eligible for re-election at the end of his term. He was also held to be irresponsible, except in the case of high treason. The other principal prerogatives bestowed on the presidential office by the constitution of 1875 were the right of initiating laws concurrently with the members of the two chambers; the promulgation of the laws; the right of dissolving the Chamber of Deputies before its legal term on the advice of the Senate, and that of adjourning the sittings of both houses for a month; the right of pardon; the disposal of the armed forces of the country; the reception of diplomatic envoys, and, under certain limitations, the power to ratify treaties. The constitution relieved the president of the responsibility of private patronage, by providing that every act of his should be countersigned by a minister. The constitutional law provided that the Senate should consist of 300 members, 75 being nominated for life by the National Assembly, and the remaining 225 elected for nine years by the departments and the colonies. Vacancies among the life members, after the dissolution of the National Assembly, were filled by the Senate until 1884, when the nominative system was abolished, though the survivors of it were not disturbed. The law of 1875 enacted that the elected senators, who were distributed among the departments on a rough basis of population, should be elected for nine years, a third of them retiring triennially. It was provided that the senatorial electors in each department should be the deputies, the members of the conseil général and of the conseils d’arrondissement, and delegates nominated by the municipal councils of each commune. As the municipal delegates composed the majority in each electoral college, Gambetta called the Senate the Grand Council of the Communes; but in practice the senators elected have always been the nominees of the local deputies and of the departmental councillors (conseillers généraux).

The Constitutional Law further provided that the deputies should be elected to the Chamber for four years by direct manhood suffrage, which had been enjoyed in France ever since 1848. The laws relating to registration, which is of admirable simplicity in France, were left practically

the same as under the Second Empire. From 1875 to 1885 the elections were held on the basis of scrutin d’arrondissement, each department being divided into single-member districts. In 1885 scrutin de liste was tried, the department being the electoral unit, and each elector having as many votes as there were seats ascribed to the department without the power to cumulate—like the voting in the city of London when it returned four members. In 1889 scrutin d’arrondissement was resumed. The payment of members continued as under the Second Empire, the salary now being fixed at 9000 francs a year in both houses, or about a pound sterling a day. The Senate and the Chamber were endowed with almost identical powers. The only important advantage given to the popular house in the paper constitution was its initiative in matters of finance, but the right of rejecting or of modifying the financial proposals of the Chamber was successfully upheld by the Senate. In reality the Chamber of Deputies has overshadowed the upper house. The constitution did not prescribe that ministers should be selected from either house of parliament, but in practice the deputies have been in cabinets in the proportion of five to one in excess of the senators. Similarly the very numerous ministerial crises which have taken place under the Third Republic have with the rarest exceptions been caused by votes in the lower chamber. Among minor differences between the two houses ordained by the constitution was the legal minimum age of their members, that of senators being forty and of deputies twenty-five. It was enacted, moreover, that the Senate, by presidential decree, could be constituted into a high court for the trial of certain offences against the security of the state.

The constitution thus produced, the fourteenth since the Revolution of 1789, was the issue of a monarchical Assembly forced by circumstances to establish a republic. It was therefore distinguished from others which preceded it in that it contained no declaration of principle and

no doctrinal theory. The comparative excellence of the work must be recognized, seeing that it has lasted. But it owed its duration, as it owed its origin and its character, to the weakness of purpose and to the dissensions of the monarchical parties. The first legal act under the new constitution was the selection by the expiring National Assembly of seventy-five nominated senators, and here the reactionaries gave a crowning example of that folly which has ever marked their conduct each time they have had the chance of scoring an advantage against the Republic. The principle of nomination had been carried in the National Assembly by the Right and opposed by the Republicans. But the quarrels of the Legitimists with the duc de Broglie and his party were so bitter that the former made a present of the nominated element in the Senate to the Republicans in order to spite the Orleanists; so out of seventy-five senators nominated by the monarchical Assembly, fifty-seven Republicans were chosen. Without this suicidal act the Republicans would have been in a woeful minority in the Senate when parliament met in 1876 after the first elections under the new system of parliamentary government. The slight advantage which, in spite of their self-destruction, the reactionaries maintained in the upper house was outbalanced by the republican success at the elections to the Chamber. In a house of over 500 members only about 150 monarchical deputies were returned, of whom half were Bonapartists. The first cabinet under the new constitution was formed by Dufaure, an old minister of Louis Philippe like Thiers, and like him born in the 18th century. The premier now took the title of president of the council, the chief of the state no longer presiding at the meetings of ministers, though he continued to be present at their deliberations. Although the republican victories at the elections were greatly due to the influence of Gambetta, none of his partisans was included in the ministry, which was composed of members of the two central groups. At the end of 1876 Dufaure retired, but nearly all his ministers retained their portfolios under the presidency of Jules Simon, a pupil of Victor Cousin, who first entered political life in the Constituent Assembly of 1848, and was later a leading member of the opposition in the last seven years of the Second Empire.

The premiership of Jules Simon came to an end with the abortive coup d’état of 1877, commonly called from its date the Seize Mai. After the election of Marshal MacMahon to the presidency, the clerical party, irritated at the failure to restore the comte de Chambord, commenced

a campaign in favour of the restitution of the temporal power to the Pope. It provoked the Italian government to make common cause with Germany, as Prince Bismarck was likewise attacked by the French clericals for his ecclesiastical policy. At last Jules Simon, who was a liberal most friendly to Catholicism, had to accept a resolution of the Chamber, inviting the ministry to adopt the same disciplinary policy towards the Church which had been followed by the Second Empire and the Monarchy of July. It was on this occasion that Gambetta used his famous expression, “Le cléricalisme, voilà l’ennemi.” Some days later a letter appeared in the Journal officiel, dated 16th May 1877, signed by President MacMahon, informing Jules Simon that he had no longer his confidence, as it was clear that he had lost that influence over the Chamber which a president of the Council ought to exercise. The dismissal of the prime minister and the presidential acts which followed did not infringe the letter of the new constitution; yet the proceeding was regarded as a coup d’état in favour of the clerical reactionaries. The duc de