government and parties in continental europe — l

Preface

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Tue State has been represented at sundry times under different figures. In the frontispiece to Hobbes’ Leviathan, in the edition of 1651, it is given the form of a gigantic prince whose body is composed of minute human beings of every kind. A more common symbol is that of a ship sailing the trackless ocean, with a venerable pilot at the helm, steering by the light of the everlasting stars. To the writer the State sometimes presents itself under the figure of a stage-coach with the horses running away. On the front a number of eager men are urging the most contrary advice on the driver, whose chief object is to keep his seat; while at the back a couple of old gentlemen with spy-glasses are carefully surveying the road already traversed. Now, useful as all these persons undoubtedly are, there ought to be room also for the quiet observers, who watch the movements of the horses, and note the strain on the wheels, axles, and bolts; who listen to the hubbub on the front seat, and the grave conversation at the rear. To drop the simile and speak directly, there is a real need to-day of a thorough examination into the actual working of modern governments, and in one vi PREFACE, direction at least that need is still imperfectly satisfied. I refer to the activity of the parties, which furnish the main motive power in public life.

A great deal of discussion has taken place of late over the question whether political parties are a good or an evil, but from a scientific point of view this seems very like making the same inquiry about the winds and the tides. In reality parties are a fact, and as such their manifestations ought to be studied. Moreover, it is impossible to say that parties in the abstract are a good or an evil, because the result depends on the circumstances under which they act. In Venice, for example, the absence of parties, or factions, prevented the State from falling into anarchy and despotism like the other Italian republics. In England the existence of two strong parties enabled the people to control the crown, and made parliamentary government possible. In France the subdivision of parties has prevented the parliamentary system from being a success, and both there and in Germany it has been a constant obstacle to popular government; while in Switzerland the subdivision and low development of parties has enabled the people to maintain one of the most perfect democracies the world has ever seen.

The phenomena of parties considered as a fact have been examined much less than they deserve. Perhaps the best work in this line is that of Dupriez, whose book, “Les Ministres dans les Principaux Pays d'Europe et d’Amérique,” appeared while the following

PREFACE. vii pages were in preparation, and with whose conclusions the writer agrees in the main. Dupriez approaches the subject, however, from a somewhat different direction, for he deals primarily with the minister and treats of the parties so far as they affect his authority ; while the writer was interested first in the parties themselves, and considered the position of the cabinet from its bearing on their condition.

The present work deals only with a very small part of the great subject of political parties. It is simply an attempt to study the relation between the development of parties and the mechanism of modern government, and other questions are referred to only so far as they have a bearing on the main theme. In carrying out this object, a systematic order of arrangement has been followed so far as practicable. The treatment of each country begins with a description of its chief institutions, or political organization; this is followed by a sketch of its recent history, in order to show how the parties actually work; and, finally, an attempt is made to find the causes of the condition of party life. The investigation is limited to the principal countries where a division into two great parties does not prevail, and where there usually exists in its place a division into a number of more or less sharply defined political groups. This department of the subject seemed to separate itself naturally from the rest, and was selected mainly because it had been far less studied than the growth and influence of the bi-party system that prevails generally in Anglo-Saxon countries.

vill PREFACE.

For the convenience of students, the constitutions of all the nations dealt with that have written constitutions have been added in an appendix; and they have been given in their original languages, because they are more valuable in this form than in a translation. In the case of Switzerland, where the constitution is officially printed in German, French, and Italian, the French text has been selected.

Boston, September 4, 1896.

Chapter I France : Institutions

PAGE Origin and nature of parliamentary government in England . aa The system imperfectly copied on the Continent . 5 6 The French constitutional laws ; - : : : < a Yt History of their creation q 6 : : . : : 8 The method of amendment : : : : : : 5 Ye Their legal and moral effect . ; : 2 : : : 13 The Chamber of Deputies . ' 14

The method of election, scrutin by is He torakn Par rontuee: ment . . : 5 ° ° ‘ 15 The rember: a tarenl tao body : 4 5 : 5 . 18 The Senate . : : 3 : c : : 19 Its functions and actual elnenee : : : 5 5 Pal The ministers as a rule not responsible to it : : . : 22 The National Assembly . ¢ : : . > : : . 26 The President of the Republic .. c ; ; : : - 26 His functions. : . 5 AHL His powers really Prarieed. by pernoeaible fninistera : 28 The Council of State 30 The ministers 32 Their responsibility 4 ihe Chamber of Deputies 33

Their enormous power (which is due to the four following ues ters) . é ‘ : - : 33 The paternal mare of the government : : Sa eee The centralization of local government . : 5 36 The department, with its prefect and general eounell : 36 The arrondissement and the canton : 40 The commune, with its mayor and communal Goateil 9 40 Paris and Lyons. : : c : : 42 The legislative powers of the ezecutive : : 5 ° ° » 43 44

Ordinances and appropriations : ; :

x CONTENTS.

The judicial powers of the executive . ° : . 47 Difference between English and French Rita 47

In England the royal power grew early and took a Gadieal form : ae

In France it daveloned iia Ae book an y adiatsteatre form 51 Effect of the doctrine of ihe separation of powers 54

Questions of the legality of official acts withdrawn fon the ordinary courts 55 The administrative courts and the conte of pontictal 57 The state of siege . : . 63 Effect of the French system on the Pociion of the’ aay 64 Note on Gneist’s views on English and French history . ° . 65

Chapter II. France: Parties

The influence of parties in popular government ¢ - : 69 The parliamentary system normally produces two parties . ° 70 It cannot work well otherwise . : 5 : A 5 72 In France there are many parties or groups . é 74 History of parties under the Third Republic . . C - 1 The presidency of Thiers : : 76 The presidency of MacMahon ‘ : ‘ a tt His struggle with the Republicans . < - 5 79 The progress towards the Left . 80 The growth of personal politics 83 The career of Boulanger 85 Its effect on the Right : 87 The Church accepts the Republic R 89 The policy of Republican concentration and its flee Z 91 The cabinet of Casimir-Perier : . 94 His presidency A . : 95 The breaking up of the Conservative seen 5 c 6 . 96 Bourgeois’ Radical cabinet : . 5 98 The Byneienkey cabinet of Méline . 99 Causes of the subdivision of parties ‘ . cee LOL Lack of a political consensus . : . 101 Theoretical character of French ato opinions . . - 105 Lack of the habit of political organization . 5 : 106 The election of the deputies by majority vote 108

CONTENTS. xi

The system of committees in the Chambers : : 5 aki This undermines the authority of the cabinet and its apie to hold the majority together c ; : : - 114

The use of interpellations . : 3 : ‘ d : alae This has a similar effect . 3 . ; ; = able It is due to jealousy of the adintions . : 7 : , 124 Results of the subdivision of parties. 5 5 abr A change of ministry does not mean change si fae 2 o ez The cabinets short lived . : : c : et 2S As a rule they are coalitions and chemefore mete : ; . 129 They must confer favors on the deputies to win votes. woo The deputies in turn must curry favor with the local nominating committees and the constituents . : ; ; : . 1382 Prospects of the Republic . 3 137 Since the Revolution there has Doon no Wrnanee of the een in power without a revolution . ; : : 5 ; . 138 Financial dangers. 5 : : : ; ; : . 142 Possible organic changes . : : é : : ' . 144

Chapter III. Italy : Institutions

The formation of the kingdom : é : : ; - 14 The Statuto 5 ; ‘ ; : A A ; 6 . 150 The King . : ; : : ; : : : : ge LU The ministers. ; : : : : < 5 A é . 153 The Senate . A : ; ; : : é . 154 The Chamber of Denne : : : é ; . 156 The franchise, the method of Blectoue ete. . 6 c allay The administrative system : 6 : : 6 : . . 161 The ordinance power. é c ; : ; LOD The civil service : : ; ‘ ; c : : . 166 Local government . ; : : . . a age Se kas The judicial system . : c i . 0 5 3 . 170 The courts and the officials’ 5 ; 2 5 a drat Administrative law and the Bdtiuidteative courts é 5 . 173 Weakness of the judicial hea : - : ee Bye =e LiG The church é , . 5 : . 178 The doctrine of a fest anereh ina fred Pints c ; c oo bet The monastic orders . é < . 181 The Pope, and the law of ‘he Papal umruetoes! . . 182

Embarrassing situation of the Vatican. : Pees . 186 xii

CONTENTS.

Chapter IV. Italy : Parties

History of parties . : : : ¢ ¢ < - 189 Cavour’s relation to partes : ° ¢ C ° . 189 Government by the Right : 5 190 Effect of the advent to power of the Left i in 1876 - 191 The Depretis-Nicotera cabinet 0 193 The Cairoli-Zanardelli cabinet . 195 The Cairoli-Depretis coalition 5 ARS Successive cabinets of Depretis, and the Trontus : . 198 The cabinets of Crispi and his fall . 200 The bank scandals, the Sicilian ESD the Sereno cf

Crispi and his defeat . 201

Causes of the condition of parties . 204 The attitude of the Clericals . 205 The system of committees 206 Interpellations . : 4 . 210 The political character of ‘the Ncople as shown in the lack of

unity in the cabinets 212

The prominence of the personal clement! . 214

The social disorganization in the south 215

The political cliques é : : : : . 216

And their relation to the deputies . : - 218 The connection between national and local aries in France and

Autocratic power saconesaten: with a parleameneaes svete - 226

The need of a stronger judiciary 5 5 : - : . - 228

Outlook for the future . : : : c : c é - 230

Chapter V. Germany : The Structure Of The Empire

The Holy Roman Empire J : s : ; A : 232

The growth of Prussia : : 233

The Germanic Confederation and the Diet - 234

The failure of the Liberal attempt at union in 1848-49 236

Bismarck and the war of 1866 . ¢ : 237

The North German Confederation and the Empire : : . 240

Nature of the federal union ‘ 243 Legislative centralization and execute deceutraliotion - 243

CONTENTS.

Inequality of rights among the members ° : ° The privileges of Prussia . : : ° ° The privileges of the other states. . . ° The Reichstag : its composition ; : og : Its powers. 5 : : : The Bundesrath : its pompesition 5 . : .

Its character and the position of the memkees : 2

Its internal organization Its powers and privileges Its actual influence

The Emperor

Interlacing of his poeen as Biarerer #a as ing of eis.

The Chancellor

He is not Fopeneible to the Reiehotae

His functions and substitutes . : c : The judicial system: The Reichsgericht . é .

Power of the courts to hold statutes sera ai General character of the federal system

Chapter VI. Germany : Prussia And The Smaller States

Prussia: The constitution The King : The ministers Peeponeine aly, tohim . : : . Their independence of each other The bureaucracy 4 Administrative justice, Ae an adunnisteative ete

The Landtag : its powers and procedure : : - The House of Peers . : 3 The House of Representatives . . .

The three-class system of election, al Ath effects The new local government é

The objects of the reform . : < :

The principles of the system

The province and its organs : : : 0

The Regiorangsbesik c ; . : 7

The Kreis 5 0 : c -

The rural commune, and the manor ;

The city . : 5 :

Actual working of the system . .

ry

286 288 288 290 293

. 294

. 301

303 303 308

. 310

. 314

Saxony Bavaria : Tastitations

Parties Wurtemberg : Tesvientious

Parties Baden: Institutions .

Parties Hesse : : ; : ° Oldenburg . : : : 2 : Brunswick c : ; fe A Anhalt . : : ; F Waldeck . 3 5 ° . ° .

Lippe-Detmold . : : ° .

Schaumburg-Lippe . < ¢ : .

Saxe- Weimar : : : .

Saxe-Meiningen ‘5 : : 4 ° Saxe-Coburg-Gotha . é .

Saxe-Altenburg . ¢ : ° : : Schwarzburg-Rudolstadt : a : Schwarzburg-Sondershausen_ . . ° Reuss-Schleiz : ; : 5 : Reuss-Greiz 5 c c C .

The two Meckloubires 5 : : ° Hamburg, Bremen, and Liibeck : ° Alsace-Lorraine . .

The vitality of meee in Gennaey e

GOVERNMENTS AND PARTIES IN CONTINENTAL EUROPE.