France -- Description and travel; France -- Social life and customs
France has gained, beyond estimate, by the changes from the old to the
present system, but it is in a manner to render further violent changes
necessary. I say _violent_, for political changes are everywhere
unavoidable, since questions of polity are, after all, no other than
questions of facts, and these are interests that will regulate
themselves, directly or indirectly. The great desideratum of a
government, after settling its principles in conformity with controlling
facts, is to secure to itself the means of progressive change, without
the apprehension of convulsion. Such is not the case with France, and
further revolutions are inevitable. The mongrel government which exists,
neither can stand, nor does it deserve to stand. It contains the seeds
of its own destruction. Here, you will be told, that the King is a
Jesuit, that he desires to return to the ancient regime, and that the
opposition wishes merely to keep him within the limits of the charter.
My own observations lead to a very different conclusion. The difficulty
is in the charter itself, which leaves the government neither free nor
despotic; in short, without any distinctive character.
This defect is so much felt, that, in carrying out the details of the
system, much that properly belongs to it has been studiously omitted.
The king can do no wrong, here, as in England, but the ministers are
responsible. By way of making a parade of this responsibility, every
official act of the king is countersigned by the minister of the proper
department, and, by the theory of the government, that particular
minister is responsible for that particular act. Now, by the charter,
the peers are the judges of political crimes. By the charter, also, it
is stipulated that no one can be proceeded against except in cases
expressly provided for by law and in the _forms_ prescribed by the law.
You will remember that, all the previous constitutions being declared
illegal, Louis XVIII. dates his reign from the supposed death of Louis
XVII. and that there are no fundamental precedents that may be drawn in
to aid the constructions, but that the charter must be interpreted by
its own provisions. It follows, then, as a consequence, that no minister
can be legally punished until a law is enacted to dictate the
punishment, explain the offences, and point out the forms of procedure.
Now, no such law has ever been proposed, and although the chambers may
_recommend_ laws to the king, they must await his pleasure in order even
to discuss them openly, and enlist the public feeling in their behalf.
The responsibility of the ministers was proposed _ad captandum_, like
the abolition of the conscription, but neither has been found convenient
in practice.[27]
[Footnote 27: When the ministers of Charles X. were tried, it was without
law, and they would probably have escaped punishment altogether, on this
plea, had not the condition of the public mind required a concession.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account