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February, 1871, until the adoption of the Constitutional Laws in 1875, treaties were negotiated by the Executive, but ratified only on the authority of a law of the National Assembly. As the law authorized the ratification, it preceded that act. In the case of two treaties, concluded on October 12, 1871, with Germany, relating, respectively, to the evacuation of certain departments by that power, and to commercial relations with Alsace-Lorraine, it preceded the negotiations.'

On March 13, 1873, the National Assembly voted to establish a second chamber and to determine upon the distribution of public powers. Accordingly M. Dufaure, for the Thiers Government, on May 19 laid before the Assembly a plan, in which it was provided that the President should negotiate and ratify treaties, but that no treaty should be definitive until approved by the two chambers. M. Thiers was compelled to resign soon afterwards, and the project was not adopted. During the monarchical reaction, a project was, on May 15, 1874, presented by the Duc de Broglie. To the upper house, called the Grand Council, nearly one-half of whose members were to be appointed by the President for life, while most of the remainder were to be elected by the departments to serve for a period of nine years, was given the ratification of all treaties negotiated by the President. An amendment made by the Assembly, which provided that the upper house should be entirely elective, rendered the plan so unacceptable to the Right that it was rejected. On May 18, 1875, M. Dufaure introduced a bill on the distribution of the public powers, Article VII of 'De Clercq's Recueil des Traités de la France, vol. x, pp. 495, 496, 498.

'Art. XIV. Journal Officiel, p. 3209, col. 2.

'Art. XIX. Ibid., p. 3271, col. 3.

which, with the addition of clauses requiring the approval of the chambers for treaties of peace and those affecting the person and property of French citizens in foreign countries, was adopted as Article VIII of the Constitutional Law of July 16, 1875, which defines the treatymaking power in France at the present time.'

II. THE CONSTITUTIONAL LAW OF JULY 16, 1875 Article VIII of the Constitutional Law reads, "The President of the republic negotiates and ratifies treaties. He communicates them to the chambers as soon as the interest and safety of the state permit. Treaties of peace, and of commerce, treaties which involve the finances of the state, those relating to the persons and property of French citizens in foreign countries, shall become definitive only after having been voted by the two chambers. No cession, no exchange, no annexation of territory shall take place except by virtue of a law." The French law thus attempts to classify under five general heads the treaties which require the approval of the legislature; but owing to the complex nature of the subject-matter of treaties, it is necessary, in order to determine specifically what treaties are thus included, to examine into the practice of the government. The legislative approval, in case it is required, is given in the form of a law authorizing the President to ratify the treaty and to cause it to be executed. It accordingly precedes the exchange of ratifications and regularly follows the signing. In the negotiations to terminate the war with China,

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*See English translation by C. F. A. Carrier, drus. American Sesseny de Political and Social Scener, voli m. supplement p. 106. See Reach text, Brit, and For, State Papers, vol. Ini, 2. 49.

preliminary articles of peace were signed at Tien Tsin, May 11, 1884, the principal articles of which were on May 20 communicated with explanations to the chambers for their consideration. The definitive treaty of peace and commerce, signed June 9, 1885, was also submitted for legislative approval, which was given in the form of a law authorizing the President to ratify and execute. A similar law was passed by the Deputies February 27 and by the Senate March 6, 1886, approving the treaty of peace concluded with Madagascar December 17, 1885.*

Under the term commerce are included not only treaties that directly affect the existing tariff, and the revenue receipts, but also those for the general regulation of trade and intercourse. For instance, the ratification and execution of the general treaty of amity and commerce with Japan, signed August 4, 1896, were authorized by the special law of January 13, 1898, followed by the exchange of ratifications March 19, and the decree of promulgation July 30.3 In the case of existing commercial treaties about to terminate, the approval of the chambers to their prolongation may be given in the form of a general law authorizing the President to secure an extension of the time for a period specified in the law; and agreements concluded conformably thereto are not submitted to the chambers for approval. On the authority of the law of August 4, 1879, agreements of this nature were reached with Great Britain, October 10; Belgium, October 18; Austria-Hungary, November 20; Sweden and Norway, November 25; Portugal, Novem

'De Clercq's Recueil des Traités de la France, vol. xiv, pp. 298, 300. 'Ibid., vol. xv, p. 922. Treaties often fall within more than one class. Thus the treaty with China could also be classed under commercial treaties.

'Ibid., vol. xx, p. 550. Bulletin de Lois, vol. lvii, p. 1197, no. 1987.

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ber 25; Italy, November 26; and Switzerland, November 29, 1879. By the law of December 29, 1891, the Government was authorized not only to extend provisionally the whole or parts of treaties of commerce about to terminate, but to apply in whole or in part the minimum tariff rates to products of countries maintaining a conventional tariff, provided that such countries should consent to apply to French products the treatment of the most-favored-nation." By virtue of this law a limited reciprocity in commerce was established by exchange of notes with Belgium, the Netherlands, Switzerland, Sweden and Norway, Greece, and Spain.3 To secure the advantages of the American tariff, so far as it was subject to executive regulation by section 3 of the McKinley Act, a special law was passed January 27, 1893, authorizing the Government to apply certain minimum tariff rates to articles produced in the United States. The agreement concluded with that country May 28, 1898, in which reciprocal tariff advantages were secured, was made effective by the President of France without submission to the chambers, by virtue of existing laws, and by the President of the United States, without submission to the Senate, by virtue of section 3 of the act of July 24, 1897. Treaties securing commercial privileges with African tribes are frequently ratified and promulgated on executive authority. Commercial treaties entered into

'De Clercq's Recueil des Traités, vol. xii, pp. 476, 488, 490, 507, 509511. See similar laws of July 20, 1881, and of Feb. 2, 1882, and the prorogation of treaties, ibid., vol. xiii, pp. 59, 80-88, 235, 238 et seq.

'Art. II. Ibid., vol. xix, p. 304. See also Art. IV of the law of April 5, 1898, Bulletin des Lois, no. 34558.

De Clercq's Recueil des Traités, vol. xix, pp. 400, 403, 409, 457; vol. xx, p. 94.

Ibid., vol. xix, p. 547.

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Ibid., vol. xxi, p. 379.

by the French government, acting in its suzerain capacity under the treaty of May 12, 1881, for Tunis, have not been submitted to the chambers for approval. The President of France, acting in his own name as well as in the name of his Highness the Bey, concluded a treaty of commerce relative to Tunis with the Italian government September 28, 1896. The treaty having been approved by the President, it was promulgated and put in force by a decree of the Bey, February 1, 1897, countersigned by the French minister resident in Tunis, who acts under the direction of the French foreign office.' In a similar manner treaty relations between Tunis and various other countries have been established."

Telegraphic, postal-union, and monetary conventions, and those for the regulation of international railroad traffic, while they may indirectly involve the finances of the state, directly relate to trade and intercourse with foreign nations. The ratification of the general convention for the regulation of international railroad traffic, signed at Berne, October 14, 1890, was authorized by the law of December 29, 1891.3 An agreement with Italy, signed January 20, 1879, relative to the establishment of international railroad stations; and three agreements signed with Belgium May 9, 1877, September 23, 1877 and February 20, 1878, relative to the construction and regulation of frontier railroads, were approved by laws. The approval of the telegraphic conventions

'De Clercq's Recueil des Traités, vol. xx, pp. 596, 597.

'Switzerland, April 12, 1893, and Oct. 14, 1896; Austria-Hungary, July 20, 1896; Russia, Oct. 14, 1896; Germany, Nov. 18, 1896; Spain, Jan. 12, 1897; and Denmark, Jan. 21, 1897. Ibid., vol. xx, p. 626 et seq.

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