Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, with the Annual Message of the President, December 6, 1875, Volume I

No. 223.
Mr. Washburne to Mr. Fish.

Legation of the United States,
Paris, May 21, 1875. (Received June 2.)

No. 1165.]

Sir: I have the honor to send you herewith a newspaper slip containing the two constitutional bills which were introduced into the Assembly on the 17th instant by Mr. Dufaure, minister of justice. The first of these bills has relation to the public powers, and deals with the attributes of the President, the senate, and the chamber of deputies. The second provides all the necessary machinery, which is somewhat complicated, for the election of the senate. These proposed constitutional laws will commend themselves to the examination of all persons who interest themselves in the present situation of France, and particularly those who desire the success of the present form of government. The most important provisions of the bill on the public powers are analogous to cognate provisions in the Constitution of the United States. I doubt, however, the wisdom of providing by organic law that the chambers shall remain in session at least five months in every year. Still, as it may be said, the powers of these bodies are so extensive that a large amount of legislation is always necessary to be had, and outside of political legislation, French legislative bodies act only upon the fullest consideration of every question, and generally with great caution and wisdom. The idea of voting away, under the previous question, without even a report of a committee, and without discussion, millions of acres of public lands to railroad land-grabbers, and tens of millions of dollars of subsidies to railroad monopolists, would startle a French deputy from his propriety.

* * * * * * *

I have, &c.,

E. B. WASHBURNE.

[Inclosure in No. 1165.]

Constitutional bills introduced into the Assembly by Mr. Dufaure.

Subjoined is the text of the bills presented by Mr. Dufaure, minister of justice, on Tuesday, in the National Assembly. That on the senate is thus worded:

• “Article 1. A decree by the President of the Republic, issued at least six weeks beforehand, fixes the day on which are to place the elections for the senate, and at the same time that for choosing the delegates of the municipal councils. There must be an interval of at least a month between the appointment of these latter and the nomination of the senators.
• “Art. 2. Each municipal council elects a delegate. The choice is made, without discussion, by ballot, and by an absolute majority of votes. After two trials, a relative majority is sufficient; and in case of an equality of votes, the eldest candidate is chosen. If the mayor does not form part of the municipal council, he will preside, but cannot take part in the vote. On the same day, and in the same form, shall be chosen a substitute to replace the delegate, in case of his refusal to act, or of any other hinderance.
• “Art. 3. In the communes where there is a municipal commission, the citizens will be called on to elect a new council, which shall proceed, as stated in article 2, to the choice of a delegate and a substitute.
• “Art. 4. If the delegate has not been present at the election, a notification shall be made to him by the mayor within twenty-four hours. He must send, within five days, notice of his acceptance. In case of refusal or silence, he is replaced by the substitute, who is then entered on the list as delegate of the commune.
• “Art. 5. The minutes of the election of the delegate and the substitute are forwarded immediately to the prefect. They mention the protests against the regularity of the election by one or more members of the municipal council. A copy must be posted at the door of the mairie. Any elector of the commune may, within three days, address, direct to the prefect, objections against the regularity of the election.
• “Art. 6. The protests relative to the election of the delegate or substitute are judged by the council of prefecture. The delegate whose election is canceled because he does not fulfill some one of the conditions required by the law, or for vice of form, is replaced by the substitute. In case of an annulment of the election of the delegate and substitute, a fresh choice shall be proceeded with by the, municipal council, on a day fixed by an ordinance of the prefect.
• “Art. 7. A week, at least, before the election of the senators, the prefect draws up the lists of the electors in the department by alphabetical order. No elector can have more than one vote. The list is communicated to any one who may apply for it, and may be copied and published.
• “Art. 8. The deputies and members of the council-general or of arrondissement who may have been proclaimed by the revising committees, but whose powers have not been verified, are inscribed on the list of electors, and may take part in the vote.
• “Art. 9. In each of the three departments of Algeria, the electoral college consists (1) of the deputies; (2) of the French citizen members of the council-general; (3) of the delegates chosen by the French citizen members of each municipal council from among the French citizen electors of the commune.
• “Art. 10. The electoral college is presided over by the president of the civil tribunal of the chief town of the department. He is assisted by the two oldest and the two youngest of the electors present at the opening of the sitting. The bureau, thus composed, chooses a secretary from among the electors.
• “Art. 11. The bureau divides the electors, by alphabetical order, into voting-sections, comprising at least 100 each. It nominates the presidents and secretaries of each of those groups; it decides all difficulties and disputes which may arise in the course of the election, particularly on the subject of inscription on the electoral list or removal from the same of one or more names, without power, however, to depart from the decisions given by the council of prefecture, in virtue of article 6 of the present law.
• “Art. 12. The first ballot is opened at eight in the morning and closed at noon. The second is opened at two and closed at four. The third, should such be needed, is opened at six and closed at eight. The results of the voting are ascertained by the bureau and proclaimed the same day by the president of the electoral college.
• “Art. 13. No person can become a senator at either the first or second election, unless he at one and the same time obtains—first, the absolute majority of the votes given; secondly, a number of votes equal to one-fourth of the electors registered. On the third voting a relative majority suffices, and in case of equality of votes the oldest is elected.
• “Art. 14. Dating from the day of the nomination of the delegates, electoral meetings for the nomination of senators may take place in conformity with the regulations laid down by the law of June 6, 1868. Such sittings can be composed only of the electors who nominate the delegates for the senate.
• “Art. 15. Those electors who have taken part in all the votings receive, from the funds of the department, an allowance for traveling expenses calculated on the bases and according to the forms determined by a regulation of the public administration.
• “Art. 16. Every delegate who, without legitimate cause, has not taken part in all the ballots, or, if he has been prevented from so doing, has not given notice in proper time to the substitute, will be condemned to a fine of 50 francs by the civil tribunal of the chief town, on the requisition of the law-officers of the state. The same penalty may be applied to the substitute-delegate who, having been informed in sufficient time by letter, telegram, or notice delivered in person, has not taken part in the electoral proceedings.
• “Art. 17. Every attempt at corruption, to influence the vote of an elector, or to induce him to abstain from voting, shall be punished by imprisonment for a period of from three months to two years, and by a fine of from 50 francs to 500 francs, or by one of those two penalties only.
• “Art. 18. Are ineligible to the senate, in the departments where they exercise their functions, and within six months subsequent to the time at which they have ceased to exercise them—first, the prefects, secretaries-general, and subprefects; secondly, members of the bench at the courts and tribunals; thirdly, the payers-general of the treasury, and the private receivers of finance.
• “Art. 19. If, by death or resignation, the number of the senators of a department is reduced by one-half, the vacancies are filled up within a delay of three months, unless they occur in the year preceding the triennial renewal.
• “Art. 20. The election of senators by the National Assembly is made in a public sitting, by a collective list and an absolute majority. After two trials, a final ballot takes place among the candidates who have obtained most suffrages, in number double those remaining to be elected. Before proceeding to the choice, the National Assembly charges a committee nominated at the rate of two members per bureau, to propose to it a list of candidates. That paper contains names equal in number to that of the senators to be nominated, with one-half more, and is drawn up in alphabetical order. The choice of the Assembly may fall on candidates who are not proposed by the committee.
• “Art. 21. When it is necessary to provide for the replacement of the senators named in virtue of article 7 of the law of February 25, 1875, the senate proceeds in the forms indicated in the preceding article.
• “Art. 22. The members of the senate shall receive the same yearly payment as those of the chamber of deputies.
• “Art. 23. Are applicable to the election of the senate all the enactments of the electoral law which are not contrary to those of the present bill.

transitory clauses.

• “Art. 24. For the first election of members of the senate, the law which determines the date of the separation of the National Assembly shall fix the time at which the municipal councils shall meet to choose the delegates, and the day on which the election of the senators is to take place. A fortnight before the meeting of the municipal councils, the National Assembly shall proceed to the election of the senators whom it is called upon to nominate.”

“the bill ox the public powers.

• “Article 1. The senate and the chamber of deputies meet every year on the second Tuesday of January, unless an anterior convocation has been made by the President of the Republic. The two chambers must he assembled in session at least five months of every year. The sitting of the one commences and ends at the same time as that of the other.
• “Art. 2. The President of the Republic pronounces the closing of the session. He has the right of convoking the chambers extraordinarily. He will be bound to do so if a demand to that effect is made by one-half plus one of the members composing: each chamber. The President of the Republic can adjourn the chambers; but that recess cannot, however, exceed the term of one month, nor take place more than twice in the same session.
• “Art. 3. Any meeting of one of the two chambers held out of the time of the session is illicit and null by law, except in the case where the senate is assembled as a court of justice; and then it can exercise only judicial functions.
• “Art. 4. The sittings of the senate and those of the chambers of deputies are public; nevertheless, each assembly resolves itself into secret committee on the demand of its president or of ten members. It afterward decides, by an absolute majority, whether the proceedings are to be resumed in public on the same subject.
• “Art. 5. The President of the Republic communicates with the chambers by messages, which are read in the tribune by a minister. The ministers can enter both chambers, and must be heard when they ask to speak. They can obtain the assistance of commissioners designated for the discussion of a determined measure by a decree of the President of the Republic.
• “Art. 6. The President of the Republic promulgates the laws within the month following the transmission to the government of the law definitively adopted. He must publish, within three days, the laws the promulgation of which shall have been declared by a vote of either chamber a matter of urgency. Within the time fixed as above, the President of the Republic can, by a message with reason assigned, ask the two chambers for a reconsideration of the subject, which cannot be refused.
• “Art. 7. The President of the Republic negotiates and ratifies treaties. He communicates them to the chambers as soon as the interest and the safety of the state permit. Treaties of commerce and other conventions which engage the finances of the state are only definitive when they have been voted by the two chambers. No cession, exchange, or adjunction of territory can take place except in virtue of a law.
• “Art. 8. Each of the chambers is the judge of the eligibility of its own members, and the regularity of their returns. It alone can receive their resignations.
• “Art. 9. The president, vice-presidents, secretaries, &c., of both chambers are elected every year for the duration of the session, and for any extraordinary assemblage which may take place before the ordinary meeting of the following year. When the two chambers meet in general assembly, their officials are composed of the president, vice-president, and secretaries of the senate.
• “Art. 10. The President of the Republic can be impeached only by the chamber of deputies, and can be tried only by the senate. The ministers can be impeached by the chamber of deputies for crimes committed in the exercise of their functions. In that case they are tried by the senate. The upper chamber can be constituted by a decree of the President of the Republic, given in council of ministers, as a court of justice to try any person accused of committing an act against the safety of the state. If the proceedings have been commenced before the ordinary tribunals, the decree convoking the senate may be issued any time before judgment is pronounced. A law will determine the mode of proceeding for the accusation, trial, and judgment.
• “Art. 11. No member of either chamber can be prosecuted or called to account for opinions expressed or votes given by him in the exercise of his functions.
• “Art. 12. No member of either chamber can, during the session, be arrested or prosecuted for an offense or crime, without the authorization of the assembly to which he belongs, except in the case of flagrante delicto. The detention or prosecution of a member of either chamber is suspended during the session, and for the whole continuance of it, if the assembly so determines.”