[Inclosure in No. 361.-Translation.]

Mr. de Freycinet to Mr. Noyes.

PARIS, June 24, 1880. GENERAL: By your letter of the 19th of this month, referring to my communication of the 28th of April, in relation to the exercise of the right of navigation under the flag of the protectorate of the Society Islands, you were pleased to express to me, in the name of your government, the desire to know if the regulation actually in force maintained the obligation on the part of foreign captains soliciting authority to navigate under the colors of the protectorate, to pay a tax of $100 (500 francs). I hasten to announce to you that, since last year, the minister of the marine, in order to put the new regulation in complete harmony with the liberal thought which had inspired it, prescribed the suppression of the fiscal provision in question.

Accept, &c.,

C. DE FREYCINET.

No. 368.]

No. 238.

Mr. Noyes to Mr. Evarts.

LEGATION OF THE UNITED STATES,

Paris, July 15, 1880. (Received July 29.) SIR: I have the honor to submit herewith a box containing a document elegantly engrossed and signed by the members of the FrancoAmerican Union at Paris, which is an official notification to their American friends of the fact that the success of the work undertaken by the Franco-American Union is now assured, and that the colossal statue of liberty offered by France to be erected in the harbor of New York will be terminated in 1883. It is accompanied by a letter addressed to yourself as president of the Franco-American committee in New York by Mr. Edouard Laboulaye, president of the committee here, and also signed by several other gentlemen, including Senator Bozerian, Henry Martin, and Oscar de Lafayette, giving an account of the prog ress and success of the enterprise, and requesting that it be communicated to the committee in New York, of which you are president, and Mr. Richard Butler, secretary.

The inclosed pamphlet, "Notice sur l'Union Franco-Américaine,” gives on pages 1, 2, and 3 the organization of the French and American committees.

SIR: Referring to instruction No. 208, of the 10th of February last, to Mr. Hitt, relative to the unfavorable position occupied by American life insurance companies in France as compared with similar foreign corporations of other countries, I have now to state for your information that Mr. William H. Beers, the vice-president of the New York Life Insurance Company, in a letter dated the 10th instant, writes that his company

has received a cablegram from Paris stating that the council of state, to whom the matter in question was referred, finding no objection to the granting of the concession, had referred it again to the minister of foreign affairs for his favorable action in case he should see no objection to such a course.

In view of the foregoing statement, it is thought by the Department that you may already have received a reply from the French Government in relation to this matter. If such should not be the case, however, you are instructed to lose no time in asking the minister of foreign affairs whether his government has yet reached any conclusion upon the subject. You may add that this Department is exceedingly anxious to have this matter disposed of as soon as possible, on account of the serious losses which American interests are suffering in consequence of the delay in settling the question which has been so long pending. I am, &c.,

No. 240.

Mr. Hay to Mr. Noyes.

WM. M. EVARTS.

No. 267.]

DEPARTMENT OF STATE,
Washington, August 14, 1880.

SIR: I have to state for your information that on the 20th of June last Mr. Outrey, the minister of the French Republic at this capital, communicated to this Department an invitation from the minister of war of France to this government to designate any officers of its Army to witness various maneuvers on a large scale of the French troops which are to take place this autumn within the several commands of the French army.

This invitation having been duly communicated to the War Department, the Secretary of War, in a letter dated the 10th instant, informs this Department that he has detailed the following officers to witness the maneuvers in question, viz: Maj. A. P. Morrow, of the Ninth Cavalry; First Lieut. William H. Bixby, of the Engineer Corps; and First Lieut. Rogers Birnie, jr., of the Ordnance Department. Mr. Outrey, the minister of France, has been requested by this Department to notify his government of the designation of the above-named gentlemen for the service indicated.

I will thank you to extend to the officers above named such courtesies as may be in your power not inconsistent with the performance of your official duties.

I am, &c.,

No. 241.

JOHN HAY,

Acting Secretary.

No. 388.]

Mr. Noyes to Mr. Evarts.

LEGATION OF THE UNITED STATES,

Paris, September 3, 1880. (Received September 16.)

SIR: I have the honor to inclose herewith a translation of the constitution of the French Republic, with a preface embodying an account of

the manner of its adoption, and foot-notes of explanation, all the work of Mr. R. R. Hitt, first secretary of this legation.

This constitution has never been printed in English, but would, I think, be interesting to the people of the United States. I have the honor to forward it for such disposition as may seem best to the Department of State.

I have, &c.,

[Inclosure 1 in No. 388.]

EDWARD F. NOYES.

PRELIMINARY NOTE.

The French constitution was framed and adopted by a national assembly which met February 13, 1871, and sat for nearly five years, adjourning December 30, 1875. The assembly had been elected by the people for the purpose of ratifying the peace with Germany, and not as a constitutional convention; but before the German troops had moved out of France the assembly assumed to itself the powers of a constitutional convention, and proceeded, very slowly and with many interruptions, to frame a government for France.

An immense majority of the members when this assembly began were in favor of a monarchy of one kind or another. The republicans of all shades only numbered about 150, while there were 500 royalists, Orleanists, or imperialists. But they disliked each other, and disagreed as to the dynasty, and so did nothing until it was too late for a monarchy of any kind.

A republic had been proclaimed in a revolutionary fashion on the 4th of September, 1870, when the empire crumbled away at Sedan, and it was still the form of government. It was allowed to continue provisionally, and M. Thiers was chosen chief of the executive power, but they expressly declared that this was only provisional, while they should deliberate upon and determine the institutions of France, which they fully intended should be a monarchy.

How came they to adopt a republican constitution? What brought about so great a change? Time, debate, the growth of public sentiment among the best classes of the French people reacting on the assembly, the disagreement of its opponents, the statesmanship and patriotism of its friends.

Thiers was then at the height of popularity. He had opposed the disastrons war, and had saved all that was possible in making peace. Twenty-six different districts elected him to the assembly by over two millions of votes. He had always been a friend of constitutional monarchy. He now began to show a strong leaning toward a republic in moderate, conservative hands, as the permanent government of France. He was a persuasive orator, of clear judgment, vast knowledge, a consummate master of parliamentary tactics. Though President, he took part as a member in all the deliberations of the assembly. Moderate common sense leaders among the republicans came to the front. That party could no longer be called a faction of extremists, radicals, impracticables, theorists. It grew all over France, and while the assembly wore out the months in delays, the country was advancing in republican sentiment.

In the spring of 1873 a great effort was made by the different sections of the majority to unite and settle the whole question at once and finally. M. Thiers was driven from the Presidency by "a vote of blame." Marshal MacMahon elected, and a combination immediately attempted of the two branches of the house of Bourbon; the Count de Chambord, who was the head of the legitimists, to be crowned as Henry V, and to adopt as his heir the Count de Paris, the head of the Orleanists. But Connt de Chambord, a true Bourbon, refused to abandon the white flag, the emblem of the ancient despotic régime, and the whole scheme failed.

The majority controlling the assembly then (November 20, 1873) prolonged Marshal MacMahon's powers for seven years, knowing him to be in sympathy with them, believing he would resign whenever they could agree upon a restoration, and hoping to carry out their ideas long before the expiration of his time.

But the country was getting weary of these endless delays in determining the form of government. Year after year passed, and it was still provisional. All the interests of the nation demanded a decision. The new President himself felt constrained to ask them, in a message, to proceed to the work of the constitution.

A committee of thirty was appointed to examine and report upon constitutional laws. The majority of this commission were averse to a republic; they protracted proceedings from month to month through the whole winter and down to the end of the session in July, 1874, without any result. Public opinion in its advance had passed

he assembly, and that body now felt its influence. At the partial elections frequently held to fill vacancies when members died or resigned, the popular majorities were republican.

The word had ceased to alarm. Many of the Orleanists of the center, who had been in favor of a constitutional monarchy, began voting with the republicans, who now counted twice their original number.

In January, 1875, the final debate began. Each vote showed the increasing tendency until at last, on the 30th of January, an amendment establishing the Presidency "of the republic," and consequently the republic itself as the definitive government of France, was carried by 353 votes against 352, a majority of one vote. This was decisive.

In the midst of the uncertainties among the groups of that assembly a majority, though of only one vote, that was guided by a distinct great idea, was sufficient to determine the wavering. More of the Orleanists went over; the majority rose with every vote until February 25, 1875, the birthday of the constitution, the great law organizing the public powers, and which cast permanently the character of a parliamentary republic, was adopted by 425 to 254 votes.

The law constituting the Senate had been passed the day before by 435 to 234. It was not until the 16th of July following that the third great constitutional law, that on the relations of the public powers, was finally passed.

In a constitution thus adopted piecemeal, through long struggles, with many compromises, there are imperfections and uncertainties. Some of those who voted for it were not sincere republicans, but felt constrained to vote for some definite form of government, and hoped this one would soon be changed or bent to suit their purposes. They preferred ambiguity. They wished the powers of the Executive left vague and elastic. They intended the Senate to be conservative and a check to the Chamber of Deputies. The friends of free government made a good fight and a winning one. faults in their work are more in form than in fact. There is no declaration of the rights of the citizen, but these had been so often proclaimed in republican constitutions that they might be regarded as uncontested public law.

The

No mention is made of the judiciary. That was already organized. This constitution contains nothing superfluous. Every line is practical and full of vitality and strength, as the shocks of experience have since shown. The powers of the Executive seemed to be left in uncertainty, but the sharp lessons of trial soon taught the President the limits of his authority.

This constitution is not a symmetrical document; it grew out of events, the wants and wishes of a nation. It is an adjustment of political machinery to do the work of the people in governing themselves. They have watched its operation with incessant vigilance, and by their votes at successive elections they have commanded the interpretation of every uncertain phrase, in the sense of free representative government.

[Inclosure 2 in No. 388.]

CONSTITUTION OF THE FRENCH REPUBLIC.

Constitutional law* in relation to the organization of the public powers.

Passed by the National Assembly February 25, 1875.

ARTICLE 1. The legislative power is exercised by two assemblies, the Chamber of Deputies and the Senate. The Chamber of Deputies is chosen by universal suffrage, under the conditions prescribed by the electoral law. The composition, mode of election, and powers of the Senate will be regulated by a special law.

ART. 2. The President of the Republic is elected by an absolute majority of votes of the Senate and Chamber of Deputies united in national assembly. He is named for seven years. He is re-eligible.

*The provisions of this law, which was adopted after a memorable parliamentary struggle, are of such cardinal importance, and have determined so positively the frame of the government, that French polititical writers who have a fondness for describing by dates, generally refer to the present constitution as "The constitution of February twenty-fifth."

+Marshal MacMahon had been elected President six months before May 24, 1873, by the national assembly, in place of M. Thiers, resigned. The law of the Septennate was promulgated November 23, 1873, so that Marshal MacMahon's term would expire November 23, 1880. He resigned, however, January 30, 1879, and the same day M. Jules Grévy was elected President. His term will expire January 30, 1886.

ART. 3. The President of the Republic has the initiative of laws, concurrently with the members of the two chambers. He promulgates the laws when they have been voted by the two chambers; he watches over and assures their execution. He has the right to grant pardons; amnesties can only be accorded by a law. He disposes of the armed forces. He appoints to all the civil and military employments. He presides at the national solemnities. Envoys and embassadors from foreign powers are accredited to him. Every act of the President of the Republic must be countersigned by a minister.

ART. 4. The President of the Republic shall appoint, in cabinet council, the members of the council of state in ordinary service as fast as vacancies shall occur, after the promulgation of the present law.

The councillors of state so appointed can only be removed by decree rendered in cabinet council.

The members of the council of state appointed by virtue of the law of May 24, 1872, cannot be removed until the expiration of their powers, except in the manner determined by law. After the separation of the national assembly, the removal can only be pronounced by a resolution of the Senate.

ART. 5. The President of the Republic may, in conformity with the advice of the Senate, dissolve the Chamber of Deputies before the legal expiration of its term. In that case, the electoral colleges are to be convoked for new elections within a delay of three months.

ART. 6. The ministers are jointly responsible to the chambers for the general policy of the government, and individually for their personal acts. The President of the Republic is only responsible in case of high treason.*

ART. 7. In case of a vacancy, on account of death or any other cause, the two chambers united shall proceed immediately to the election of a new President. In the interval, the council of the ministers is invested with the executive power.

ART. 8. The chambers, deliberating separately, shall have the right to declare, by an absolute majority of the votes in each, either spontaneously or upon the request of the President of the Republic, that the constitutional laws shall be revised.

After each of the two chambers has adopted this resolution, they shall meet in national assembly to proceed to the revision. The proceedings, in revising the constitutional laws, in whole or in part, must be adopted by an absolute majority of the members composing the national assembly. Nevertheless, during the continuance of the powers conferred upon Marshal MacMahon by the law of November 20, 1873, this revision can only take place upon the proposition of the President of the Republic. ART. 9. The seat of the executive power and of the two chambers, is at Versailles.†

Constitutional law in relation to the organization of the Senate.

Passed February 24, 1875.

ARTICLE 1. The Senate is composed of three hundred members, two hundred and twenty-five elected by the departments, and seventy-five by the national assembly. ART. 2. The Departments of the Seine and of the North will each elect five senators; the Departments of Seine-Inférieure, Pas-de-Calais, Gironde, Rhône, Finistère, Côtes-du-Nord, each four senators; the Loire-Inférieure, Saône-et-Loire, Ille-et-Vilaine, Seine-et-Oise, Isère, Puy-du-Dôme, Somme, Bouches-du-Rhône, Aisne, Loire, Manche, Maine-et-Loire, Morbihan, Dordogne, Haute-Garonne, Charente-Inférieure, Calvados, Sarthe, Hérault, Basses-Pyrénées, Gard, Aveyron, Vendée, Orne, Oise, Vosges, Allier, each three senators; all the other departments each two senators; the territory of Belfort, the three departments of Algiers, the four colonies-Martinique, Guadaloupe, Réunion, and French India-will each elect one senator.

*The cabinet being responsible to the assembly, and not to the President, the gov ernment is a parliamentary republic. He' appoints his ministers, but they must be chosen from and have the confidence of the political majority in the chambers, where rests the ultimate seat of power in the French Republic.

Marshal MacMahon attempted, but vainly, to carry on a government with a cabinet in opposition to the political majority. M. Grévy, a sincere Republican, has faithfully observed the constitution in letter and spirit.

This provision, adopted in fear of the disorders of Paris, then fresh in mind, held the chambers at Versailles, and the President kept a residence there; but he actually resided in Paris; all the ministries, with their numberless employés, were at Paris; even the important committees of the chambers, notably the Committee on the Budget, sat at Paris, which gradually became the real seat of government. Finally, in 1879, the constitution was amended by striking out Article 9, and immediately a law was passed changing the seat of government to Paris.