From this description, however, I must not omit two other political forces, the one clerical, the other aggressively anticlerical. In many places, especially in the Catholic West, the cure (the priest's house, or what is called in England the parsonage) is the natural centre for ecclesiastical and pro-ecclesiastical action, and there are also some Catholic unions and associations, with numerous branches, which exert power, though probably less power than their antagonists credit them with. Over against these clerical organizations stand the secret Republican societies, and especially the [Freemasons. This ancient order, which in America is non-partisan, and in England rather Conservative than Liberal in its proclivities (so far as it has any), is in France, as in Italy and Spain, Republican and anti-religious, and as such is condemned in those countries, as well as in Ireland, by the Roman Church. Its Lodges are in France rallying-grounds for the Advanced Republicans, and are believed to possess immense influence, which (as always happens with secret societies) is sometimes perverted to personal ends. These underground organizations, ecclesiastical and anti-ecclesiastical, create an atmosphere of mystery and suspicion in local politics not favourable to the free expression of opinion, and tending to keep sensitive men out of local politics, just as the intrigues of the Chamber deter such men from entering Parliamentary life.

CHAPTER XXII: judicial and civil administration

The Judicial Bench is one of the oldest and most respected of French institutions, adorned in time past by many illustrious names, and constituting under the ancien régime what was called the noblesse de robe. It is not, as in English-speaking countries, virtually a branch of the profession of advocacy, but, as in most parts of the European continent, a distinct calling, which young men enter when their legal education is finished, instead of being the crowning stage, as in England, of a forensic career. Englishmen and Americans naturally prefer their own system, which restricts judicial appointments to those who have had experience at the Bar. This plan would, if applied to republican France, have one serious drawback. Advocates who were also deputies might recommend themselves for judicial posts by political services in the Chamber, and would be likely to retain on the bench their political proclivities. The British system is doubtless exposed to the same risk, but both in England and in Scotland tradition and the fear of professional disapproval have been so strong for more than a century that though judges are sometimes appointed as a reward for party services, public opinion keeps them straight. They may sometimes have a slight half-unconscious bias, but they would not lower themselves to do the bidding of a government.

Both the higher French judges and the lowest rank, called juges de paix, are appointed by the Minister of Justice. Under the old Monarchy judicial posts were purchased; and Montesquieu defended the system by the remark that if they had been in the gift of the Crown they would have been bestowed upon Court favourites, probably less competent and less trustworthy than the sons of judicial families whose parental purchasers had imbued them with judicial traditions. The appointment is permanent, for, in principle and as a rule, a judge cannot be removed except with the consent of the Cour de Cassation, the highest Court of Appeal. Removals for incompetence or delinquency are rare. But there have been times when the government of the day, fearing the anti-Republican tendencies of some of the judges, has required them to swear fidelity to the Republic, or has, after passing statutes suspending the rule of irremovability, gone so far as to displace a number of those whom they distrusted. This process, called a “purification” (épuratiori), was applied between 1879 and 1883 to remove a considerable number of judges and other legal officials whose loyalty to the Republic was suspected. 1 So bold a step, being the act of a dominant party, gave a shock to public sentiment; but it must be remembered that in a country where the form of government itself is an issue between parties, as was at that time the case, the need for defending existing institutions is deemed to excuse extreme measures. In A.D. 1745 an English judge known to belong to the party of the exiled Stuarts might conceivably have been deemed a potential rebel and extruded from the Bench by an address of both Houses of Parliament.

An easier method of making vacancies to which there can be appointed persons whom a ministry desires to have as judges in any particular court is found in promoting an existing judge and filling his place with the person desired. The hope of promotion from a lower to a higher court is an influence which a minister can, and sometimes does, bring to bear upon a judge. It is in one way or another his interest to stand well with the Government, and, to some extent, even with the deputies from the district in which he sits, which is usually, if he can so arrange, the district to which he belongs by birth or adoption, and where he dwells among relatives and friends. One hears other ways mentioned in which governments or persons of influence with governments have been known to interfere with the ordinary course of justice, such as transferring a case from one court to another, or in the assignment by the Procureur-Général (Attorney-General) of a case to a particular Judge d'instruction 2 or to the president of a particular tribunal; but there seems to be little basis for such charges, for the rules of judicial administration are uniform and pretty strictly observed. Deputies and others who possess influence, political or financial, are reported to approach judges, or give letters recommending litigants to their attention, a proceeding which, though disapproved, is not stamped out.

France has been so proud of her judiciary as to be extremely sensitive to its honour. This makes even small delinquencies noticed and lamented, and engenders suspicions that there may be more delinquencies than the public knows. So far as a stranger can judge, they appear to be rare. The judges are poorly paid, but the dignity of the office attracts capable men of high character, and a laudable standard of legal science is maintained in the decisions, those of the higher courts being reported as carefully, if not as fully, as the judgments of British or American tribunals. The judges in these courts are conspicuous social figures, taking rank among the first citizens of the communities within which they reside. If the government of the hour sometimes gets a little more than it ought from the judges, it gets so much less than it desires, that it has sometimes threatened another “purification.” This seems improbable, unless an extreme party should obtain control of both Chambers. Great as is the power in France of abstract democratic theory, no one seems to suggest the direct election of judges by the people. Such a change would be unwelcome to deputies and ministers, who desire to retain all possible kinds of patronage.

The Civil Service

The Civil Service of the country consists, as in England, of a small branch which is political, including the offices which change with each ministry, such as the under secretaries in the central departments, and of that far larger branch which is permanent, carrying on the regular administrative work.

The civil administration is the oldest institution in France. Established under Richelieu and Louis XIV., it was interrupted and, for the moment, shattered, by the first Revolution. Reconstructed by Bonaparte during the Consulate, it has remained little changed in essentials since his time. No more need be said of it than will suffice to indicate the relation it bears to the democratic character of the government. It has suffered at the hands of democracy, yet has shown itself strong enough to mitigate some of the faults it cannot cure.

The Civil Service of France is larger in proportion to the population than that of any other free country, possibly, indeed, than that of any country in Europe or America, because the sphere reserved for local self-governing authorities is so narrow that nowhere else, not even in Germany, is so much work thrown upon the central administration. Men's eagerness to enter even the humbler walks of official life has led to the multiplication of posts by governments tempted to increase their patronage, and has made the competition for posts extremely keen. 1 Elective administrative offices, such as exist in the United States, are unknown, all appointments being made, as in England, by the Executive. Admission to most branches of the service, including those for which special knowledge or training is required, is by competitive examination, while the comparatively few places of a political character, whose occupants change with a change of ministry, lie outside the examination rules. To these the minister appoints at his discretion, probably influenced, at least where the post is of some consequence, not only by the politics of the aspirant, but also by private pressure exerted on his behalf. Promotion within the service is understood to go partly by seniority, partly by merit; but it is also largely governed by the political inducements which the deputy or some other important supporter brings to bear. In this way the less deserving may climb high, while efficiency suffers. No one can be displaced, except for some fault, though vested interests may be preserved by transfer or promotion to some other post so as to create a vacancy for the man whom influence pushes upwards. The observance of this rule is secured by public sentiment, and especially by the strong corporate spirit of the service itself, which few ministers would venture to offend. The permanent heads of the chief departments are men of proved capacity and high social standing. Their knowledge and experience are indispensable to every government; and, like British officials, they render loyal service to the government of the day, whatever their personal predilections.

The salaries paid to the permanent civil servants are low in proportion to the cost of living, which had risen in France even before 1914; and it would be hard to secure adequate competence but for the widespread desire, extending even to the lower ranks in the official hierarchy, for that social importance which State employment confers. Complaints made relate chiefly to the routine and formally precise or bureaucratic methods which prevail in France almost as much as in Germany. The deeply ingrained habit of obedience to official orders makes these methods endured more patiently than they would be among English-speaking men. The delays that occur in the working of the administrative machine are not altogether the fault of the permanent service, for it is the pressure exercised on ministers for favours that makes the local official await orders and shirk responsibility, since he fears to take any action which might interfere with his chief's desire to oblige.

One branch of the Civil Service has an importance peculiar to France, viz.: that which consists of the teachers in elementary schools, all of whom are appointed and may be dismissed by the Executive. In the course of its conflict with the power of the clergy, the Republican party has by a series of statutes established lay teachers in every public school, and found in them powerful allies. They have organized themselves in a sort of union, and recently sought, against the wishes of the Government, to join the General Labour Federation in order to improve their pay and position. This insubordination — as it is called by the chiefs — is not confined to the teachers. Others among the rank and file of the public employees ask to be allowed to agitate for higher pay and better conditions, arguing that by becoming employees they do not cease to be citizens. The question that has arisen how far such action is compatible with the discipline (said to be already impaired in the Customs department) necessary for efficiency, is serious, and has raised trouble both in Great Britain and in Australia. In the villages the teacher is usually the best-educated and best-informed layman, who adds to his influence over the pupils that influence which belongs to him as being (in most communes) the clerk to and adviser of the Maire. In the State secondary schools and universities no religious instruction is given; but in these public opinion secures perfect freedom for the teachers, and no complaints are made regarding favouritism in appointments or the exercise of political control.

In France the railroads nearly all belong to private companies, but recently one great system, that of the West, was taken over by the Government. Its management became more costly, and the inefficiency charged against it is used as an argument to meet the Socialist demand for the “nationalization “of all railroads. Few other “public utilities “have been undertaken by the State. It draws revenue from a monopoly of tobacco and matches.

The chief local administrative official is the Prefect, a figure to whom there is no one to correspond in any English-speaking country nor in Switzerland. It is he who in each of the eighty-six departments represents the Government for civil purposes. 1 He is appointed, and may be removed, by the ministry at its discretion, no examination or other special qualification being required, since the post is a frankly political one. For his helpers and advisers he has a Prefec-tural Council, exercising a local jurisdiction over employees and minor administrative affairs; and under him there are Sub-Prefects also, appointed and removable by the ministry of the day, one for each arrondissement, of which there are in France 362. Through these functionaries a ministry carries out its wishes and fills most of the local posts, often consulting the Prefect, but (as already observed) chiefly influenced by the deputy, who has latterly become the stronger through his political hold on the ministry.

The rules of the permanent Civil Service forbid its members to take an active part in politics, but when they quietly work for ministerial candidates they need not fear its disapproval. The Prefect and Sub-Prefect lie under no similar disability, and frequently go round with a Governmental candidate.

Two other significant features of the French system must be here noted. One is the wide legislative power entrusted to ministers. Statutes are as a rule drawn up in general terms, leaving many details to be subsequently filled in. This happens to some extent in the United Kingdom, but there the statute expressly delegates to the Sovereign in his Privy Council, or to high officials — as for instance to the council of judges of the Supreme Court, or to the Home Secretary — power to issue Orders or Rules for carrying out the purpose of the statute, which, if made within the limits prescribed, have the force of law. In France, however, ministers are competent without such special authorization (though this is sometimes conferred) to issue ordinances binding not only their subordinates in the administration but the citizens generally. The more important of these are promulgated the name of the President, as Decrees. Minor matters are dealt with by various functionaries, not only individual ministers but Prefects, and even Maires as heads of communes. These are called arretes. The President's power extends to some slight extent even to the authorizing, in urgent cases, the borrowing of money (up to a certain limit) by the public treasury.

The other feature, unknown to English-speaking men though not to several continental countries, is the recognition of what is called Administrative Law. An official charged with some dereliction of duty, whether against his superiors or against a member of the public, is not liable, as in Britain or the United States, to be either sued or prosecuted in the ordinary Courts for an act done in the course of his official work. Complaints must be brought before the Administrative Tribunals, which are constituted of officials, the jurisdiction of these bodies covering many matters withdrawn from the competence of the ordinary Courts. This system, an inheritance from the old monarchy, is defended as required by the principle of the division of powers into Legislative, Executive, and Judicial. 1 To permit the ordinary Courts of Law to try a functionary for an administrative act would be, in French eyes, to allow the Judiciary to interfere with the Executive, so the very same doctrine which in America secures the independence of the Judiciary from the Executive is used in France to secure the independence of the Executive, nominally as against the Judiciary, but really as against the public, for the agents of the Executive thereby escape direct liability to the citizen, being themselves, through their special Courts, the judges not only of the facts of a case but also interpreters of the law to be applied.

This rather undemocratic arrangement is an illustration of the width of the power wielded in France by an executive which is not only centralized but autocratic. Yet the exercise of power, since liable to be checked by the legislature, becomes uncertain in any particular case, for ministers, the creatures of a large and fluctuating body, exercise their patronage at the wishes of the individual members of that body and hold their own places at the caprice of its collective majority. With restricted functions their position would be more independent and more stable. But a strong executive is congenial to French ideas, and every government, be it republican or monarchical, feeling bound to maintain at all hazards its own form, has clung to a power which helps it to repress attempts at revolutionary change, supported by the feeling of the middle classes that public safety must be secured.

A part of the administration which deserves mention, because there is nothing analogous to it in any English-speaking country, is the Council of State. Founded by Napoleon, this useful and highly respected body consists of a number of eminent persons appointed and dismissible nominally by the President of the Republic, but practically by the ministry of the day, though it is in practice not frequently changed in composition. Its functions are to advise upon certain classes of ordinances and divers other matters of an administrative nature, and to sit as a final Court of Appeal from the decisions of administrative tribunals. This latter duty, which belongs only to one class of the councillors, seems to be now the more important, for advice given on other matters need not be followed by the ministry. This Council has won the commendation of some English writers, who think that some similar institution might usefully be formed out of the British Privy Council. In France itself there are those who hold that it could well be used more largely than it is for the purpose of drafting or revising projects of legislation, and regret that the Ministry and the Chambers are too jealous of their own powers to share them with a nominated body.

CHAPTER XXIII: local government

It has already been pointed out that pre-Revolutionary France had no system of local institutions similar to those of England and the United States. Certain ancient rights of jurisdiction belonged to the noblesse; and local judiciaries existed in the Parlements of some of the greater provinces, but administration, civil and financial, had passed into the hands of the officers of the Crown. When the welter of the Revolution ended in 1799, Napoleon, in reconstructing the administrative system of Louis XIV., so strengthened it as to make the hand of the Central Government felt in every part of the country. There was no thought of creating local institutions, still less of putting them upon a popular basis. France was cut up into Departments, on lines which in some cases ignored the old provinces. 1 The departments were artificial divisions, with no corporate tradition, such as still belong to English counties, and awakening no local patriotism. Only one relic of antiquity remained in the rural Commune, a civil as well as an ecclesiastical unit, which, now that the severance of the Catholic Church from the State has extinguished its religious character, remains as the basis of civil organization. To it we shall return presently, when the larger unit of the Department has been described.

Democratic principles require some sort of self-government, so in each Department there has been created an elected council, the Conseil Général, chosen by universal suffrage, each canton returning one member who sits for six years, one-half of the whole Council being changed every three years. There are two sessions in each year, one lasting for a month, the other a fortnight. If an extra session is called, the sittings must not exceed a week. Its taxing powers are strictly limited, and it can be dissolved by the Government, should it incur their displeasure. Its chief functions are the care of the departmental roads, a class of highways intermediate between the national roads and the so-called “neighbourhood roads” (chemins vicinaiux) , as well as of the schools and asylums, and it can give subventions to railways. The narrowness of its sphere is due to the wide powers exercised by the Prefect as the agent of the Central Government. Not only does he appoint the departmental officials and manage the public institutions, dealing with many matters left in England or the United States to locally elected authorities, but his is the executive hand by which the decisions of the Council have to be carried out, and his power over the Council itself is considerable. It cannot take action without having received his report on the matter proposed to be dealt with. Its decisions on certain subjects can be annulled by the Central Government, whose approval is required for its tax levies, and for their appropriations to particular objects. Notwithstanding these limitations, there is considerable competition for seats on the Council, partly because they open a path to public life. The elections are fought upon the lines of national party, and thereby embittered. 1 Local would-be leaders find a field for making themselves known, and do so the more easily because the substantial citizens show little interest in the conduct of Departmental business. A statute of 1884 withdrew from the Councils, as liable to partisanship, a part of the control they had possessed over the affairs of the communes.

The Arrondissement, which is the next largest local circumscription, and was till 1919 the electoral area for the election of a deputy to the Chambers, also possesses a Council (members elected for six years), but of slight importance, since it has neither revenues nor expenses of its own. So, too, the canton, a still smaller division for judicial and military purposes, need not concern us.

Thus we arrive at the Commune, a local entity which is over nearly the whole of Central and Western Europe the basis of rural life, bearing in Germany and German-speaking Switzerland the name of Gemeinde. It corresponds to the Town or Township of the Northern and Western States of America. In England it was represented by the Parish, but after the middle of the seventeenth century that area had little significance for non-ecclesiastical purposes, until a statute of 1894 created Parish Councils with some civil functions. English and American readers must, however, beware of thinking of a French Commune as if it were what they understand either by a Parish or by a Township. The Commune is just as much urban as rural. It is a municipality capable of holding property as a corporation, and may be as large as Paris or as small as an Alpine hamlet. It has a Communal Council, varying in size from ten to thirty-six members, unpaid, elected for four years by universal suffrage, and themselves electing their Maire, 1 who, besides being the chairman, has administrative functions both as the agent of the Central Government, carrying out the directions of the Prefect, and as the executive in matters falling within the sphere of the Communal Council. In some of these matters the Prefect can interfere to annul the acts of Maire or Council; and he may suspend either, or both, from office for a month, while the Central Government can remove him and dissolve the Council altogether. Subject to this control the Council has a general management of local affairs, though official approval is required for the sale of communal property and nearly all other financial business. 2

The Commune, or as we should say, Municipality, of Paris is specially regulated. It has a Council of eighty members, but the executive authority belongs partly to the Maires of its twenty arrondissements, who are appointed by the Central Government, partly to two high officials, the Prefect of the Seine and the Prefect of Police. Paris has been too formidable a factor in the political life of Prance to be left to wander at its own sweet will.

The Councils both of the Departments and of the large urban Communes differ greatly in composition and in competence. In villages the Maire is said to be often imperfectly educated and obliged to lean on the schoolmaster. It is alleged that in some large cities, especially where the Socialists have captured the council, local demagogues have found their way into the councils by profuse promises of benefits to the poorer citizens, that rash experiments have been tried, the legal limits of taxation exceeded, heavy debts contracted, patronage misused in the interests of personal friends and parties, improper advantages, such as free tickets for theatres, given to the councillors. If such abuses have been tolerated by the Prefect or the Minister of the Interior, this is ascribed to political motives, because the Administration may hesitate to quarrel with its friends. About the load of debts which presses many of the large municipalities — debts often contracted with little foresight, and sometimes from electioneering motives — there is no doubt, but the other evils just mentioned do not seem to have spread widely. Serious scandals are rare, and have nowhere reached the dimensions of those, now less frequent than formerly, which have disgraced many North American cities. Honest city government has not been one of the great political problems of France. There is probably some want of skill and of judgment, and a readiness to outstep the limits of the law in pursuing what are believed to be the interest of the masses, but peculation is seldom charged. Both French and German critics of democracy are so trenchant in their censure of the Parliamentary Republic that one cannot but suppose that where there is hardly any smoke there can be little fire.

The reader may ask why in a country democratic in spirit and logical in pushing its principles to their conclusions so little has been done for local self-government. The sovereignty of the people is the corner-stone of the Republic. Why trust a nation of forty millions to deal with questions vital to national existence, and refuse to trust the inhabitants of departments or communes with the management of their local affairs, affairs in which a little mismanagement will not greatly matter?

The first answer is that the permanent Civil Service, a bureaucracy holding power and liking power, doing their work well and believing that the people would not do it nearly so well, resist schemes of decentralization.

The second answer is that ministers and deputies cling to the patronage by which the latter keep their hold on their constituents and the former can win the support of deputies.

The third answer is that all who have ruled France since the Directory which Napoleon overthrew in 1799 have had to fear an insurrection which might change the form of government, whether that form was a Monarchy or a Republic. “Self-preservation is the first law of life. Whatever happens, the Monarchy, or the Empire, or the Republic (as the case may be) must be preserved. All the means needed for that supreme end must be used. The control of the whole administration of the country from the centre is such a means. We have it, we need it, we will keep it. It gives us the police as well as the army. It enables us to fill the local posts with our friends, safe men who will serve us at a pinch. It prevents local bodies which might be at a given moment disaffected, from becoming local centres of open resistance or secret conspiracy. If such bodies commanded large funds, or controlled the police, or were in any way strong and conspicuous enough to influence the masses of the people, they might be a danger. We must not give them the opportunity.”

Furthermore, the people of France have not asked for a larger measure of local self-government. They have no such dislike to being governed as used to exist, and to some extent exists still, in England and America; and they care much more for being governed well than for governing themselves. Political philosophers and practical political reformers, from Tocqueville eighty years ago to Taine in our own time, have held up to them the example of the United States as fit to be imitated. Novelists have told them that centralization has injured local social life as well as political life all over France. 1 They have listened unmoved, making no such demand as stirs a ministry to action. No political party could by carrying a full-blown scheme of self-government gain enough credit to compensate for the difficulties of the enterprise, and for the troubles that might be expected before the people had learnt to use self-government wisely. There are those who tell the observer privately, though few would proclaim it, that little could be gained by entrusting wide functions to communities most of which have not been fitted by history, and are not fitted by existing social conditions, to use those functions wisely, for the direction of affairs would be likely to fall into the hands of plausible demagogues or wily schemers, the motive forces would be self-interest tempered by fanaticism, predatory in some places, religious or anti-religious in others. Local self-government ought not to be given till the people have learnt to use it. Yet how will they learn to use it except by trying? This is the old problem which has always divided thinkers as well as politicians. Swimming can be learnt only by going into the water, but if you go in before you can swim you may be drowned. Those who know the history of Switzerland, America, and England do not deny the risk, but think it well worth taking.

There has recently arisen a movement called Regionalism, aiming at the division of France into a number of large administrative governmental areas to be formed by grouping departments on geographical lines in accordance with their respective economic interests and historical traditions, and proposing to confer upon each such area a measure of local autonomy sufficient to relieve the Central Government of many functions. 1 Considerations already referred to may seem to recommend such a project, especially if accompanied by a scheme enlarging the scope of self-government in the existing minor local divisions such as the Arrondissement. But the idea had not in 1920 so far won popular support as to make it probable that the legislature would give practical effect to it at a time when other grave questions were occupying the public mind.

CHAPTER XXIV: public opinion

What has been said in preceding pages regarding the history of France and its political parties may serve to explain the characteristics of public opinion in France as compared with other democratic countries.

Public opinion, as we have already seen, 1 is a better ruler, when its will can be ascertained, than is the ballot. But its rule works best when it is National, i.e. national in two senses of the word, as being the product of nearly the whole nation, irrespective of local divisions, and as possessing a certain unity and generality of colour and tendency which includes or overrides or mitigates the inevitable divisions of view created by the existence of social classes and political parties. Where each type of class opinion or party opinion is sharply opposed to other types, one can hardly talk of the public opinion of the country at large, so the statesman who desires to obey the national will is driven to estimate the respective strength of each type, treating them as conflicting forces, and to strike a sort of balance between them, according to their power of supporting or resisting a given policy.

France is a large country, in which, strong as is the sense of national unity, marked differences of race and temperament are still discernible. The men of the North-west are unlike those of the East and South-west, while both are unlike the passionate South-east and the more phlegmatic Northeast. The Normans are almost a distinct type, but less so than the Basques. In economic conditions also there are contrasts. Large estates remain in parts of the west and centre: in other regions the land belongs in small lots to the peasants. The population of the great manufacturing centres is as excitable as that of the quiet agricultural districts is sluggish and averse to change.

France, moreover, resembles a region where volcanic forces have been recently active. Here and there the ground is seared by explosions. Deep chasms have opened: rumblings are heard which may betoken fresh eruptions. The passions roused in three revolutions are not extinct. The bitterness of the workman against the bourgeois is exceeded by that which rages between the friends and the enemies of the Church. Thus in France public opinion is more profoundly divided than in any other great State. Even in the smaller countries, like Ireland or Australia, one finds no parallel. In Great Britain, though there have been hot conflicts between the two great parties, there have always been many questions outside the party sphere; and there have been plenty of citizens who thought and voted with independence, shifting the balance from one party to another, according to their judgment on the issues prominent at the moment. An acute and dispassionate observer could, not indeed always, yet generally, tell the direction in which the national mind was moving. This is even more true of the United States 1 and of Switzerland and of Canada.

France presents another peculiar feature. In Britain and the United States, as in most free countries, it is chiefly the men who think, speak, and write that form public opinion. Though only a small minority of the population, they are not a class, but shade off imperceptibly into the general body of the nation, the bulk of which, though in very varying degrees, takes some interest in politics. And of those who do the thinking and the speaking, in the capital and all over the country, a comparatively small proportion are members of the legislature or otherwise directly occupied with political work. Still more is this the case in Switzerland, where everybody is expected to possess some sort of knowledge and show some sort of interest in public questions. Not so in France, according to the reports of most foreign observers, who declare that a large section of the population, especially in rural districts and in the smaller towns, cares little about politics unless when some question arises directly affecting their occupation, 2 and that many of those who vote at a general election, because they are brought up to the polls, give so slight an attention to public matters that definite opinions cannot be attributed to them. Their local newspaper contains scarcely any political news. To them business, family affairs, and social pleasures cover the whole of life; so, though they count as possible voters, they do not count for the purpose of expressing (except almost mechanically at elections) a real popular will.

Frenchmen, however, declare that the foreign observers referred to exaggerate this apparent indifference. The peasant and the petit bourgeois does not wear his opinions upon his sleeve. Even when he has no clear and decided view on a particular question or the merits of a particular politician, he is governed by tendencies, generally persistent, as is shown by the constancy with which many electoral districts adhere from one generation to another to candidates of a particular type, be it clerical, or moderate conservative, or that of the advanced republican parties. The election of 1919 is cited as indicating the existence of a large body of opinion which, alarmed by the attitude of the Extreme (or Socialist) Left, came to the polls in unusual strength, and swung back from the Left towards the Centre or the Right. Evidently these voters had been thinking.

There is also a class important by its talents and influence rather than by its members, which eschews parliamentary politics. It consists of the men of letters and science, and includes most of the teachers in the universities and higher schools, as well as many of those who follow the learned professions. These men seem to stand more apart from the practical political life of the country, both national and local, than does the corresponding class in Britain or Switzerland or the United States. They have, however, and they deserve to have, a very real influence in the formation of opinion. They have knowledge and capacity, an admirable power of expression and a patriotic interest in the country's fortunes. But they are (except the journalists) in little direct touch with the legislators, less than Englishmen of the same type would be, so their opinion, though powerful and respected, tells comparatively little, or at any rate not directly, on the conduct of affairs from session to session.

Premising these facts, let us see what are the chief currents of political opinion in France. I have already enumerated the parties in the two Chambers, and have indicated the four main types of which the parties are subdivisions. The first of these is the Catholic Legitimist, which cherishes the traditions of the old Monarchy and the Church as they stood in the days of Louis Quatorze. Though attached in theory to the ancient dynasty, nearly the whole of this section has ceased to hope for a Restoration. It is now much more Catholic than Legitimist, three-fourths at least of its adherents having accepted the Republic. Its real principle is attachment to Catholicism; and the hostility shown by the more advanced Republicans to the clergy, even since the disestablishment effected in 1903-5, gives it grounds for holding together to defend religion. Most of its members do not seek to re-establish the Church, but would be content with a reasonable concordat, the recognition of a place for the teaching Orders in the instruction of the people, and the cessation of the present anti-Catholic intolerance. Respectable by its sincerity and by the social influence it can still put forth, it is not a force of the first order, except in some parts of the West and North, 1 and in the army, chiefly among the officers.

Such authority as men of a second type of opinion exert, springs rather from the eminence than from the numbers of those in whom it is embodied. These are the moderate Republicans, whose ideal, influential in 1848—49 and again in 1870-75, of a conservative Republic, upholding the rights of property, repressing attempts at disorder, and carefully husbanding the national revenue, has lost favour in France. It has still some distinguished literary exponents and the sympathy of a large part of the cultivated bourgeoisie; but its force, scanty if we regard the votes it can command, is felt chiefly in the unseen restraint which it imposes, largely through the official class, upon projects of rash change. It has even a certain distant tenderness for the Church, less from religious sympathy than from a sense that religion exerts a steadying influence. It acquiesces in the existing Constitution, fearing that something worse might follow were that to be tampered with, hut it disapproves the methods by which deputies and ministers work the system, and recoils from some of their proposals.

No sharp line can so far as respects specific articles of political faith be drawn between these Moderates and the third main type composed of the more numerous Advanced Republicans of the Left. But there is a difference of temper and tendency. The Radical school of opinion professes more faith in the masses, and is committed to semi-socialistic experiments planned in their interest. It looks back to 1791— 93 as the Moderates look back to 1789-90, and cherishes the memories of the revolutions in which Paris overthrew four monarchies in succession. If any one type of opinion can be said to dominate the country it is this, for it is strong in the east and south and in most parts of the centre.

Finally, there is Socialist opinion. Of those who profess it, some are more, some less, attached to the doctrines of Proudhon or to those of Karl Marx, some more ready than others to resort to the general strike and even to violence. But all agree in desiring an economic reconstruction of society upon a collectivist or communistic basis. Many, probably most, of the leaders are not themselves hand-workers, but literary or professional men. Though the Socialists, being the best organized and best disciplined of all the parties, may be deemed a well-defined body, socialist opinions are not confined to that organized party, and the more advanced Radical views melt into those of the less advanced Socialists. While many Radicals are permeated by collectivist doctrine, not a few eminent Socialists have from time to time quitted the party to enrol themselves in the Radical ranks, either modifying their former views or recognizing that the time has not arrived for translating theory into practice.

Let it be noted that all the sections of the Republican Left, whatever their differences, have a bond of union in their hostility to Clericalism, and therefore to Monarchy which they associate with Church power. This is the dividing line that goes deepest.

Besides these various schools of political thought, a tendency has now and then emerged which is not so much a Doctrine or Programme as a manifestation of discontent with the existing system of government. A few sentences may serve to explain its origin.

When Louis Napoleon's coup d'état overthrew the Second Republic in 1852, he hastened to legalize his position by asking for, and obtaining, a plebiscite or popular vote of the whole nation,— for universal suffrage then already existed,— by which he was chosen President for ten years. A similar vote taken in 1852 made him Emperor, the majorities being large on both occasions. Many Frenchmen have been captivated by the notion of a popular dictatorship, a government by one man, democratic in its source, because it springs straight from universal suffrage, but uncontrolled in its exercise, because not dependent on the favour of a legislature. Despite the calamities which the Second Empire brought upon France, this idea kept alive a large party, which called itself Bonapartist, and commanded many votes in the Chamber down till the death of Louis Napoleon's son in 1879. Thereafter the party declined, there being no representative of the family whose personal merits recommended him as its standard-bearer, and for many years past candidates for the Chamber have ceased to offer themselves as Bonapartists. But the type of doctrine, the tendency which prefers not a constitutional monarchy but a popular dictatorship to the rule of a legislature, has persisted as a protest against Parliamentarism, cherishing a desire to strengthen the Executive, whether by conferring greater powers on the President or by setting up some new kind of authority through which the country, delivered from the intrigues of the Chamber, may stand stronger and more united in the face of foreign foes. It was this tendency which, suddenly developing with unsuspected force, made a hero of General Boulanger, who was supposed to have in him the makings of a dictator. It reappeared in the days of the Dreyfus conflict, when the anti-Semites and the rich and the timid clamoured for strong government. Never definitely embodied in a party, it has gained support from every quarter in which there was discontent. Monarchists favoured it: Clericals welcomed it, and so did a large section of the army, of which it frequently proclaimed itself the champion. It drew votes from a section of the Radicals, even from a section of the Socialists. Blossoming into a party, it took the name of Nationalist, but as it found no leader who could be put forward as a candidate for the Presidency, much less for an avowed dictatorship, it presently withered and subsided as an organization. Yet the tendency remains, for it is on its practical side an inevitable reaction against the faults of “Parliamentarism,” and on its theoretical side an expression of democratic faith in universal suffrage and the direct action of the people through the man of their choice. It finds vent in the proposals frequently launched for enlarging the powers of the President, so as to give him a leadership and authority independent of his ministers. It has to be reckoned with as a real, though a variable and unpredictable force. How far the experiences of the Great War will affect it remains to be seen. None of the military chiefs who won fame in that war has sought to turn his influence to any political purpose.

Through what organs do these types of opinion express themselves, and how is their respective strength to be gauged? All are represented in the two Chambers. All appeal to the public through the press, and by meetings, though these are less frequent, excite less interest, and play (except in the great cities) a smaller part in public affairs than popular gatherings do in Britain or America. It is naturally the more numerous and the more advanced parties, especially Radicals and Socialists, who make most, and the Conservative Republicans who make least use of popular demonstrations. An army moving to the attack will shout or sing: that which stands still stands silent.

All these types have their exponents in the newspaper press, of which, as being both an index and a moulder of opinion, some words must be said.

The French Press presents forms of excellence and forms of turpitude more extreme than can be found in other great countries. The worst journals live by blackmailing and other base arts. The best reach a dignity of manner not surpassed and a perfection of literary expression hardly equaled elsewhere. Their articles may not contain more knowledge and thought than did two or three of the ablest newspapers of Vienna, of Buda Pest, and of Germany, but they are better written, the French language being singularly adapted to this form of literature, for which the ablest Trench pens of the last hundred years created an admirable tradition. In these best newspapers one finds a wide outlook, a philosophic insight, a familiarity with the politics of other European countries, and a felicity of phrase which have rarely, if ever, been found combined in the press of any capital save Paris.

This is an old characteristic: two other features of the French Press are more recent. One is the business character which the newspapers of the largest circulation have assumed. They are great commercial enterprises, returning immense profits to their owners, and it is the profits that come first in the minds of their owners. Nowadays a newspaper lives by advertisements rather than by circulation, so it becomes necessary to secure advertisements. Circulation is desired because it draws the advertiser. These things being so, the owner is obliged both to propitiate that part of the business world whence advertisements come, and to avoid whatever is likely to reduce his circulation by offending any large body of readers. Hence — so it is alleged — a great journal cannot to-day show so much independence as formerly. Some one has said, “When the opinions of a journal begin to count, it ceases to have opinions.” There are other ways in which newspapers are subject to influences. They like to stand well with the powers that be in the world of commerce and finance. They desire the latest, most exact, and most secret political news from abroad. Since this is in the gift of the Government, one must be on good terms with the Government in order to have it. A tacit understanding with ministers suits both parties, for ministers, when they obtain press goodwill, have a guarantee against attack, imperfect, no doubt, yet worth something, while the journal gets what helps its circulation. It is good policy to receive the proprietor or editor when he asks an interview, and to take reporters around in the special train when the President goes on a tour. The deputies follow suit, and confide to the newspaper such news as they can impart. Even the judicial bench seeks praise from the press.

While noting the above facts, generally true as regards the influence of newspapers in the country and at normal times — so far as any times can be called normal — another fact also is to be remembered. The small circle of persons who in Paris habitually occupy themselves with politics, i.e. with ministerial intrigues and changes, with gossip about foreign affairs, and with schemes for reaping pecuniary crops on that field where business and politics meet — this small crowd of ministers and deputies, with the buzzing swarm that surrounds ministers and deputies, is much influenced by the Parisian newspapers, especially at the arrival of a ministerial crisis. A scathing article may destroy the chances of an aspirant or wreck a possible combination. The incisive skill of French journalism which inflicted such wounds on Napoleon III. in his palmiest days, shows itself at these moments with unabated force. It permits itself much licence, but without that licence many truths which need to be told might remain unspoken.

These phenomena are not confined to France. Similar causes have been producing them everywhere. More peculiar to France is the ownership of a journal by some eminent politician, who writes in it or uses it as his organ, so that it gives currency to his views and becomes identified with his plans and aspirations. This is fairer to the public than a secret league between a newspaper and a minister, who is expected to reward it (as happens in some other countries) by an appointment or the bestowal of an honour. The open advocacy of the views of a particular statesman, or group, by his or its newspaper, supplies to some extent the decline in the freedom and earnestness with which politics are handled in the most widely circulated journals, which would appear to be to-day less purely political than they were thirty or forty years ago. As financial interests have grown more powerful and financiers have thrown their tentacles over politics, those newspapers which finance can use have in losing independence lost much of their value, both as critics and as leaders. 1

It must not, however, be forgotten that the influence of the Parisian press, which alone most foreigners see, great as it is in and in a circle around the capital, declines rapidly when that point in the circle is reached where it is the local newspapers that the householder reads before the day's work begins. Cities like Lyons and Nantes, Bordeaux and Marseilles, have powerful and well-written journals which escape some of the temptations that beset the capital. They follow the proceedings of the legislature closely and, like the newspapers of Manchester, Liverpool, Birmingham, and Scotland, deal effectively with general as well as local issues. It is often said that both these leading provincial papers and their readers take politics more seriously than do the Parisians.

Men ask in Prance whether it is the press that guides public opinion or public opinion that guides the press. Both processes go on, but the ability of a journalist is shown, not so much in following and heightening the sentiment of the moment as in presaging the course which any sentiment is just beginning to take, and heading his ship that way before his rivals.

The type of opinion which most needs the help of the press is the Conservative Republican, because though strong in intellectual resources it is weak in numbers and organization. The stranger who admires it as literature is apt to overestimate its influence. In reality neither its organs nor those of the extreme schools already enumerated (always excepting the Socialist papers read by Socialist workmen) reach the masses of the people. But there are papers read by them, and especially those read by the rural voter, which do not make politics their main concern, since it is not for their politics that men buy them. Local affairs, agricultural affairs, conspicuous crimes, and what are called faits divers form the staple of their news. The proceedings of the Chambers, scantily reported in nearly all journals, are in these barely adverted to, so when an important speech is delivered by a Minister which the majority in the Chamber desires to bring before the people, it is printed on a broadsheet and sent down to all the communes, to be pasted up on the wall of the Mairie to be read by the good citizen. “Whether the good citizen spends much time in perusing it there may be doubted. I have never seen him so engaged. These things seem to show that the press, or at any rate the Parisian press, is no sure index to the views or probable action of the agricultural electors.

How, then, is opinion formed? Among the industrial workers of the towns largely by the Radical or Socialist press which developes, as events occur, views of the type its readers already hold. To some extent, among the upper section of the professional and commercial class, by one or more of the leading journals of the capital, and among the middle or poorer sections of the bourgeoisie generally, by talk in the cafés of the town where they live, or perhaps at their clubs (cercles), for the Trench, being a sociable people, spend more of their evenings in one another's company than do the English or the Americans, and if they care at all about politics, discuss current events eagerly. Opinion seems to be formed more than in England by talk and less by the printed page, though of course each man's paper supplies the facts, or its version of the facts, upon which the discussions of the café proceed. The power of any single newspaper over its readers may be less than it has often been in England and in Australia. But the press can probably do more than it could in those countries to disparage or discredit a politician whom it seeks to ruin, for the French public is suspicious, apt to presume some foundation for charges positively brought, while the law of libel is notoriously ineffective where politics are concerned. Able and judicious as are some of the newspapers in each of the great provincial cities, the capital has been the chief factory in which political opinion is made. Though Goethe was fond of dwelling on the immense value of Paris as the meeting-place of philosophers, writers, and artists, it might be better for the country to have independent centres of political thought such as Germany has had, and as are guaranteed to America by her vast extent. They give to opinion a greater variety, and tend to soften the asperities of conflicts waged too exclusively on the same parliamentary battlefield.

Returning to the main issue, we have to ask how far public opinion, as compared with the legislative and executive machinery of government, is fit to direct the domestic and foreign policy of France. In the United States and Switzerland public opinion rules. To a less degree it rules in England also. Does it rule in France?

France differs from these three countries in two ways. In all of them a large majority of the voters are interested in public affairs, so a statesman of insight can usually discover the general trend of their views and wishes, even when he cannot predict precisely the result of an election, for many secondary questions affect different sets of voters. Opinion is so widely diffused among the more passive sections as well as among the more active, that it can be tolerably well tested in all classes. It is in the air which men breathe. But in France a somewhat larger section of the voters have few positive opinions, but are moved rather by tendencies, grounded on habit or a vague sense of their own interests, or on a feeling for or against the Church or the chateau, or on a dislike of the bourgeoisie. Such tendencies, even when they determine their permanent attitude to a party, do not necessarily prescribe their votes on every current issue, some of which may not affect personal interests or appeal to religious proclivities.

On the other hand, that part of the French people which, holding definite views, cares for and watches public affairs, is sharply divided into different schools of thought and (less sharply) into political parties. The extreme schools differ on fundamentals, even on the form of government and the economic structure of society. Thus when we take all these schools and groups in the aggregate, we find in them no general public opinion, but rather a congeries of dissident opinions, incapable of being brought into harmony. It is an orchestra of clashing instruments. So sharp is the clashing that, whereas in America and England one can reckon on a disposition to acquiesce in the decision of the majority once that decision has been given, one cannot so reckon in France. The will which an election reveals may remain the will of the strongest factions only, not of the nation as a whole. The statesman has to keep his eye on the conflicting parties as abiding factors and calculate their present or prospective strength. He cannot make a national harmony out of the discordant notes and try to sing in tune. To this, however, there is the one exception, which I have already mentioned. On the main lines of foreign policy there has been a truly national public opinion. Differences of course there must be as to the prudence of any particular diplomatic step. Differences there were before the war as to the extent of the military precautions required; but these differences rarely weakened the Executive in its conduct of foreign relations. Pride and patriotism imposed silence on factions.

Secondary issues are, however, too much left to the Chambers and the group of political journalists who manufacture opinion in Paris. Here, as in England, the knowledge of foreign affairs and the interest felt in them have been too slender to enable the people to hold in check the schemes of adventurers pressing for the assumption of responsibilities abroad, and to exercise that control over foreign policy which is needed for the doing of justice and the maintenance of peace. The journals and coteries of Paris are in this sphere not sufficiently restrained by the opinion of the provinces.

It may help the reader to comprehend the peculiarly complicated phenomena of France if I try to present the forces and influences at work on politics in yet another form of classification, enumerating six classes or sets of citizens of most importance.

First come the peasantry, more than half of the total number of voters, knowing little, and often caring little about politics, but, shrewd in their way, thrifty almost to excess, and of a conservative temper.

Secondly, the working men in cities and other great industrial centres. Knowing more and caring more about public matters than do the peasants, but also regarding them chiefly from the side of their own interests, they are not generally revolutionists, but eager for changes that promise to better their condition.

Thirdly, the commercial sections of the middle classes, forming the great bulk of the bourgeoisie, thinking first of their business, valuing the stability of institutions, and, like their peasant neighbours, suspicious of novelties.

Fourthly, the professional classes, who while in one sense a part of the bourgeoisie, are more generally highly educated men, many of them occupied with letters or science, well qualified and disposed to take a lively interest in politics both foreign and domestic.

Fifthly. Across and through all these classes and the material interests by which each of them is moved, strikes the influence of religion and the Catholic Church, an influence whose appeal to tradition and emotion is capable, at moments, of thrusting aside or overriding all considerations of material interest — the peasant's passion for the land, the bourgeois' love of a quiet life, the intellectual detachment of the scholar or man of science. Among the workers also there are those over whose capacity for idealism socialistic doctrines can exercise a power like that of religion.

Lastly there are the plutocrats of finance and industry, insignificant in number, but strong by the influence which wealth always confers, and which it here exerts, chiefly in secret, through the press. There are, probably, among them some disinterested patriots, but, taken as a whole, they are more distinctly “out for themselves first, last, and all the time,” than any other section of the community, and this concentration of effort on a single definite end is one of the sources of the power of wealth, apparently greater in France than anywhere else in the world.

CHAPTER XXV: the tone of public life

This survey of the persons by whom France is ruled and of the methods which deputies, ministers, and officials are wont to employ, needs to be completed by a few words on public life as a whole, its purity and its general tone. All that foreign observers have said in censure of the two former classes has been surpassed in acrimony by critics who are themselves Frenchmen. The stranger who seeks to discover the truth from books and newspapers feels bound to discount much of what native writers say about their countrymen, as due to that warmth of partisan feeling which has for forty years been more intense here than elsewhere in Europe. Some faults, moreover, which belong to politics in all countries, and were at least as evident under the three preceding monarchies, are now held up to scorn as if peculiar to the present regime. But how much, then, are we to discount the sum total of the iniquities charged against the Third Republic? I have tried to correct the exaggerations of political polemics by the opinions of impartially minded French friends, but while the conclusions to be here stated seem to me generally true, it is with the greatest diffidence that I submit them.

Let us begin with the ordinary citizen. Is his vote at an election purchasable? The Commissions which investigate these matters take evidence laxly, and the Chamber is influenced in its decisions by party motives. But the upshot seems to he that the giving and receiving of bribes is rare. Few candidates can afford to spend money in this way; and though here, as in other countries, the voter may see little harm in making something out of his vote, the process is too costly to be often employed in the large constituencies universal suffrage has created.

As respects members of the Legislature and Ministers, for these classes may be considered together, it is especially hard to speak positively. The resounding explosion of the Panama affair, in which it was proved that immense sums had been diverted from the making of the Canal to private gains, and that some of these had gone to purchasing support in the Chamber, possibly from a few ministers and certainly from some deputies, created an atmosphere of suspicion which lasted for years, like the smoke that continues to hang over the spot where a high explosive shell has struck the ground. A scandal so tremendous seemed to confirm the vague suspicions that had existed before: and it tended to render probable charges subsequently made. That very few persons were ultimately convicted scarcely diminished the effect, because it was known that some of the accused had escaped justice, either for want of evidence or through official connivance, and no one could be sure how many these might be. Nothing similar has occurred since, yet the memory of Panama has remained to be used as a reproach against Parliamentary government, even by those who know that there were scandals in the days of Louis Philippe, when the intellectual character of the Chamber stood high, and more numerous scandals in the eighteen years' reign of Napoleon III. than the Republic has seen during the last fifty.

That there are some corruptible members of the Legisture is probable. Such men are to be found in every large assembly, though in a few the standard of probity has been kept so high that they seldom venture to affront it. Some sources of temptation are absent. Those private Bills, promoted in the interests of some commercial or industrial enterprise, or granting a valuable concession of public rights to private undertakings, which are the chief source of corruption in American legislatures, scarcely exist in Trance. Few new railroads have been constructed of late years: few projects are brought forward which affect business men sufficiently to make it worth their while to approach legislators. Those who seek their own interests in the imposition or reduction of protective duties on imports generally pursue their aims openly. Nevertheless it does happen that large financiers, or firms desiring to develop undertakings abroad, as for instance in Turkey, or in the colonies, do attempt to bring improper influences to bear: and sometimes they succeed. Persons who ought to know assure me that the percentage of purchasable deputies is trifling, but that a good many are not above using their position for gainful purposes, as an advocate may extend his practice by his position in the Chamber, or as a deputy can profit by indirectly helping a commercial company. Some evidence of the anxiety which the connection of senators and deputies with business undertakings has been causing may be found in the bills introduced to declare certain positions incompatible with that of a legislator. The provisions of the existing law declare the ineligibility for a seat of any one who exercises a public function paid by State funds (with a very few exceptions for Ministers and others), of any one who is a member of a “Commission Départmentale,” or of a Conseil Général, and of a director of three great steam-packet companies which hold postal service concessions from the Government. It was proposed by a bill of 1917 to extend this ineligibility to persons discharging either any function paid by the funds of the State, or of a Department, or of a Commune, or of a Colony, or any function to which a person may be nominated by the State in any financial, industrial, or commercial company or enterprise; and the bill would also forbid members of either Chamber, Ministers, and Under Secretaries of State to take part in any bargain or adjudication to which the State, or departments, or communes are parties in respect of work to be done or goods to be supplied. One can conjecture the evils at which such provisions as these are aimed.

The name of a deputy on the directorate of an incorporated company has lost what value it once possessed, because confidence has been shaken. A deputy may possibly, and a minister will usually, know facts enabling him to speculate in stocks with a prospect of success, and the opinion of his fellow-members deals leniently with this form of what is called tripotage. Though it is thought unbecoming for a politician to be mixed up with business matters, a slur on his reputation does not shut the door of office against him. The deputies and ministers who lack private fortune are not those round whom suspicion most frequently hovers, nor has the receipt of a salary lowered the moral standard, except in so far as it creates a further motive for giving an unconscientious vote in order to retain a seat. Public opinion is sensitive on the subject of pecuniary gains by politicians: it is only a talent which approaches indispensability that obtains impunity for transgressors. When stories are profusely circulated censoriousness tends to defeat itself, because if many accusations are made and remain unproved, people begin to treat the subject lightly, giving weight only to a few charges, and not troubling themselves to discriminate between the rest, for in despair of reaching the truth they cease to probe matters to the bottom.

A singularly fair-minded French observer, who tells me that during the last forty years the intellectual level of the deputies has slightly risen, while their moral level has slightly fallen, attributes this to two causes which have little to do with politics. The diffusion of higher education among the middle and lower middle and even the wage-earning classes has enabled a larger proportion than formerly of able men of humble origin to enter Parliament. Such men are less responsive to the standards set by a highly cultivated society because they have never belonged to it. They have brought with them less polished manners and less refined tastes, and they represent that new spirit which, pursuing merely material aims, is indifferent to religious or philosophical principles, a spirit which, though deemed characteristic of the generation that has grown up under the Republic, is not necessarily due to the Republic. There was plenty of irreligion and of licence, as well as plenty of corruption, under the Second Empire. The philosophic enthusiasts who championed liberty against Louis Napoleon believed that the Republic would bring purer morals and a loftier public spirit. But these things the Republic has not yet brought.

As respects the public departments, it has been already observed that their management has been on the whole honest and efficient. The branch in which lavish expenditures, with inadequate results, have most frequently occurred is the navy, but in all countries jobs or peculations may be looked for where large contracts are placed. Even the admirably organized and strictly disciplined public service of Germany has not been exempt. The eagerness to concentrate fire upon Parliamentarism may dispose French critics to spare their Civil Service, but certainly one hears few charges brought against its members. They have a pride in their work and a sense of professional solidarity which makes the upper ranks of the service at any rate feel that every man is the guardian of the honour of the profession as well as of his own.

The same may be said of the Judiciary. It is above pecuniary seductions. Yet the statements heard from many quarters, that judges are sometimes affected by political influences, proceeding either from the government, or from persons in touch with the government, cannot be disregarded. On the other hand, cases are quoted in which governments have demanded from the judges what the latter have refused to give. It would seem that though little harm may have so far resulted there is need for watchfulness. Public opinion is perhaps too tolerant of attempts to affect the impartiality and independence of the Bench. The habit of writing letters to judges about cases that come before them is a dangerous one, and the practice of promoting judges from lower to higher posts creates temptations, since it provides a motive for trying to stand well with the Government. 1 Some promotions of course there must be. They exist in England, where the most capable High Court judges of first instance are raised to the Court of Appeal, and in the United States, where District and Circuit judges are sometimes sent to the Supreme Court. But in both these cases the public opinion of the Bar, from which all judges are taken, provides a safeguard against favouritism. As French judges are not drawn from the Bar, it knows less of them and takes less interest in their careers.

When we come to what is called the Tone of public life it is still harder to form a correct estimate. What does the term mean? It can be felt rather than described, being something whose presence is, like a scent, impalpable but unmistakable. It is a quality in the atmosphere, delightful when it stimulates, depressing when it lowers intellectual or moral vitality. It is open-minded, free from prejudice and intolerance, governed by the love of truth. It is also imaginative and emotional, feeling the greatness of a nation's life, gladly recognizing the duty and the privilege of serving the State. It is patriotic in that sense of the word which implies that a nation ought to aim at righteousness as well as at power. Even in ambitious men it restrains the promptings of mere self-interest. It insists that those to whom the people have given their trust as representatives or as officials, should show themselves worthy of a nation's best traditions, sets a high standard for those who come forward as leaders, expects from them not only good taste and decorum, but also honour and a respect for one another's honour, requires them not only to apply the principle of noblesse oblige to themselves, but also to assume that opponents are to be treated with respect till they show themselves unworthy. Whoever has sat for many years in a representative assembly comes to know what its “tone “is by noting what acts or words it permits or condemns, what persons it admires or distrusts, and he learns how to discriminate between the tone of one parliament and another, as an ozonometer might be used to test the health-giving quality of air on a hilltop or in a swamp.

“Tone “in this sense is formed partly by tradition, which has by long observance set up a standard whereto public men are expected to conform, partly by the number and weight in the political life of a country of those who, admitted to be above all mendacity or treachery in the relations of private life, carry the same sense of honour into their public action. Such men are found in every class and every social stratum. They are also wanting in every class, in the socially highest as well as those who would be called the humblest. But as it is those of social standing who are most easily made amenable to the opinion of their own class and to the standards that class recognizes, it is an advantage to a country when such men, possessing also the intellectual gifts which make them eminent, are numerous in its public life,'for they are obliged to respect the rules of conduct imposed by the society in which they move.

The political atmosphere in which French politicians live is not easily described. Everywhere in the world divergent views are expressed regarding the morals and manners of public men, and veterans are prone to note and lament a decline. But in Trance the vehemence of partisanship makes the divergence specially marked, for those who dislike the present political system begin by decrying its products. What does seem tolerably clear is that the public men of today, and especially the deputies, receive less respect and deference than did their predecessors in the first ten years of the Third Republic. The dignity of the Chamber has sunk. Vituperation abounds; injurious charges are bandied to and fro, and seem, because so frequent, to be little resented. The odour of intrigue, never absent from any legislature in any country, seems rank in the Palais Bourbon, 1 and the talent for intrigue counts for as much as does oratory or administrative capacity. A man universally distrusted may be among the busiest in contriving combinations to oust successive ministries in the hope that before long his own turn of office will arrive. Whether it is better to have or to want that hypocrisy which has been described as the tribute Vice pays to Virtue, is a question often debated. Here, at any rate, there is little of it Yet corruption, judicially proved, does exclude a man from office, and the possession of a stately and unblemished character commands authority as well as respect. Even those who do not imitate can admire.

A minister who goes touring in the provinces is welcomed with external marks of deference far exceeding those that would be offered to a British or an American official of equal rank, for in France authority is honoured. But the individual man who holds the authority may not receive at other times the confidence and respect of his fellow-citizens. He is assailed — even Presidents have been assailed — in language rare in America and unknown in Switzerland, rare even in England, where personal attacks have been latterly more malignant than they were seventy years ago. Though the conception of the State as a supreme and all-embracing power may inspire in France a sort of awe unknown in those countries, and posts under the State are more eagerly sought, the fact of serving it does not implant a higher sense of responsibility and duty. There are a few religious idealists and a few Socialist idealists, but apart from these and from that reverent devotion which the thought of France and her position in the world inspires, one is struck, no less than in the legislatures of America or Australia, by the pervasively materialistic spirit. In a new country like Australia it is not surprising to find a certain commonness in political life. But France is the country which has at times seemed to live by its ideals, and which in bygone days set to Europe the standard of chivalric honour.

This state of things, often complained of by Frenchmen, is sometimes treated as a result and sometimes as a cause of the comparative paucity among present day politicians of such students, writers, and thinkers as adorned the legislatures of the Restoration, of the Orleans Monarchy, of the Second Republic, and, indeed, of the earlier years of the Third Republic. True it is that neither Congress nor the British House of Commons is richer in such men than is the French Chamber. It is chiefly by comparison with its former brilliance that the latter seems nowadays to shine with faint or few lights of genius. Yet a country so fertile in spiritual independence and keen intellectual activity ought to see more of its most gifted sons seeking to enter its governing assembly. Why do comparatively few enter? Partly, men say, because the position of a deputy no longer carries social distinction outside the district which he represents, while the daily work of a deputy is laborious and humiliating. A scholar, a university professor, a scientific investigator, even an advocate in large practice, would have to renounce his pursuits in order to hold his seat by such arts as are forced on the deputy. Many who would like to enter are practically debarred by the want of local connection, for having their home in Paris they may be unable to recommend themselves elsewhere. Partly also because men of this type have little chance with constituencies. The good graces of local cliques are more easily won by the local doctor or lawyer or business man who will devote himself to local interests, or, where there is room for a stranger, by a wealthy manufacturer or financier from some great city. It is also alleged that in parts of the country a man of old lineage or polished manners suffers from his social status. The rural or small town electors want some one of their own class, while the wage-earners regard a wearer of a black coat as a natural enemy. These tendencies, discouraging to men of refinement or of a philosophic cast of mind, would operate still more widely but for the diversity of social conditions in different parts of the country. The monarchical and Catholic West, for instance, though not more susceptible to ideas than other regions, offers a better chance to members of old landed families, often more independent of their constituents than a member can be where the masonic lodge or other local clique rules.

CHAPTER XXVI: what democracy has done for france

He who should try to set forth and weigh against one another the defects and merits of popular government in France under the Third Republic would himself err and mislead others if he failed to remember the conditions under which it has had to live since 1870. These conditions have been made by the past, and by it only can they be explained. Without repeating the historical sketch presented in Chapter XVIII., I will try to show, by briefly comparing the results of political development in England with those visible in France, the advantages which the former has enjoyed for working democratic institutions.

In England the compact framework of society changed very slowly from A.D. 1500 to 1900. The ancient aristocracy of land and birth passed by degrees into a new aristocracy of wealth. The old ties that held each class to those that were above it or below it, though slowly changed in character, were never roughly broken.

In France the old feudal order lasted down till 1789, though it had become a hollow shell. It continued sharply cut off from the bourgeoisie, and the bourgeoisie were also, if less sharply, cut off from the peasantry and the artisans. Since the First Revolution there has been going on what the French call a morcellement within each class, a dissolution of each social stratum into social atoms.

In England there was, except at a few crises, such as Wat Tyler's rising in 1381, very little class hatred and no permanent class antagonism. Neither is there to-day. It has appeared in one of the British colonies, though in no acute form, and its appearance there surprises the British visitor. 1

In France the three classes disliked one another before the Revolution. The old aristocracy of birth is now reduced to comparatively few families, and the new industrial and financial plutocracy which has arisen out of the bourgeoisie cannot look down on its immediate parents. But that plutocracy is hated by the industrial masses, and it fears them.

In England there were traditions of the independence of the legislature and of its power to assert popular rights going back to the fourteenth century; and since the middle of the seventeenth the privileges and usages of Parliament had become familiar to the nation. Every man who entered the House of Commons knew, or soon learnt, how to work the Parliamentary machine.

In France the ancient and cumbrous representative institution of the States-General had died out, and a new start was made at the First Revolution, without experience and in the midst of excitement.

In England the national mind was from early times pervaded by the idea of the supremacy of Law, a law based on the old customs of the people, a Law of the Land which operated not only as between the king's subjects but against the king himself if he sought to transgress it. When the day came for restricting the power of the king, that which was taken from him went to Parliament, and the last thing which Parliament desired was to entrust any discretionary power to the State — a word seldom used in England — or to any State-appointed local officials.

In France the Crown was not restrained. The ideas of Justice and Law were clearly grasped, and justice was skilfully administered as between subject and subject, but the conception of what law should be between subject and sovereign was clouded by a feeling that public interest must prevail against private interests, perhaps also by the texts which lawyers and judges drew from the law of imperial Rome. Thus no well-defined line was drawn limiting the powers of the State, and Raison d'état was allowed to justify the overriding of the subjects' rights. When that argument was used, law was affected as is the needle when a magnet is brought near to a compass. The men of 1789 found this doctrine and practice existing; they used it and let it pass on to their successors. The argument of Raison d'état has continued to hold its ground.

In England there was an old system of local self-government in counties and boroughs. This had, before the end of the eighteenth century, become very rusty and practically oligarchic. But it had sufficed to exclude the control of the central government and had fostered a sentiment of local patriotism.

In France such slight self-government as existed in the provinces and the towns before the First Revolution was subject to be controlled or overruled by the Crown. The only force that tried to resist Louis XVI.'s financial measures was the Parlement of Paris.

In England the central government had few posts to bestow outside the capital; and when many new offices began to be created in the nineteenth century as the functions of government went on expanding, a system of competitive examination was set up which took them out of the sphere of favouritism and made their occupants a practically permanent civil service. Members of Parliament, who had been worried by the demands of their constituents to be recommended for appointments, gladly acquiesced in the loss of what brought them more trouble than advantage. Political patronage finally disappeared in the later Victorian days.

In Prance the number of places under the central government is extremely large, and the political influence of officials at elections and otherwise is so great that it has been deemed necessary, by all governments and parties in their turn, to confine appointments as far as possible to persons who can be trusted to support the existing form of government, whatever it may be.

In England, down to 1876 and 1886 (when two successive schisms broke up the old Whig party), each of the great rival parties which had existed since the seventeenth century included large bodies of persons belonging to each of the social classes. There were plenty of the poor in the Tory party, plenty of wealthy nobles among the Whigs. (The Labour party dates only from 1906.)

In France political parties did not exist before the First Revolution; and since then nearly all the large landowners and most of the rich have belonged to one of them, and the large majority of the working-men to the more advanced sections of the other.

In England abstract ideas have counted for very little in politics, because the struggles of the Whigs and the middle class against the power of the Crown took the form of an assertion of rights some of which were as old as Magna Charta, and the habit thus formed of relying on precedents and making reforms bit by bit, as each occasion called for them, became a tradition and a part of British character. Only at rare moments did reformers appeal to Natural Eights.

In France, on the other hand, theory came before practice, dazzling inexperienced minds. When the old monarchy fell, the traditions, such as they were, of feudal independence and local self-government had been forgotten, so there were no foundations, save those of abstract doctrine, on which to build. Practice has never been able to keep up with theory, and theory has always been apt to stand in the way of slow and small reforms. It discredited them as inadequate. 1

In Great Britain the strife of jarring creeds and churches was fought out and all but settled in the sixteenth and seventeenth centuries. Such antagonisms as continued between the Established Church and the Nonconformists were of slight political moment. The nation has, since 1688, been practically of one faith, and persecution went out of fashion in England and Scotland because there was no occasion for it.

In Trance the reaction against the dominant Church, which had continued to persecute till within thirty years of the Revolution, was violent enough not only to overthrow the Church, but for a time to crush down religious observances. Ever since, the hostility of Catholics and Voltaireans, or atheists, has divided the nation, causing an exasperation more bitter than mere political quarrels provoke. There are not enough of Protestants and of Republican Catholics to form a middle term between the extremes of Clericalism and Secularism.

These differences may all be traced to the different course which events took in each country. They may have been also affected by racial qualities inherent in each people. But where history supplies a sufficient explanation, why hunt for causes in the far more obscure phenomena of racial heredity? More may perhaps be attributed to the insular position of Britain, and something also to the fact that the law of imperial Rome, never adopted there, did not lend its sanction to the doctrines of absolutism. It is not merits in one stock of mankind nor defects in the other, but a set of geographical facts and a series of historical facts, for which neither country is to be praised or blamed, that gave Britain conditions more favourable to the working of that democratic system into which she passed in 1868 and 1885 than those amid which France has had to live. Some of the defects in French government are due to those conditions and not to democracy. It is still too soon to say whether Britain, which now finds herself swept into an epoch of change, will make the most of the advantages she has inherited. These differences in the preparation of France and of England for a Parliamentary democracy need to be remembered when we come to appraise the merits of Republican government in France.

French critics, detached philosophers as well as reactionary politicians, complain of what they call “Parliamentarism.” That system is on the face of it a government by ministers responsible to the Chambers (virtually to the Chamber of Deputies) who are assumed to represent the views of their constituents, and thus to give effect to the wishes of the majority of the nation. Thus described, it resembles the system of Britain and her self-governing Dominions. In practice, however, it is largely worked by the personal relations of deputies to the majority in their constituencies, or to those who appear to lead that majority, and of ministers to deputies. Deputies hold their seats by obtaining favours for constituencies or individual constituents, ministers hold their places by granting these favours to deputies, a process which depletes the Treasury, demoralizes the legislature, and weakens the Administration. It is government by patronage. It is aggravated by the division of the Chamber into so many parties and groups that for many years past no ministry has been able to command a majority all its own, and every arrangement has a provisional character. Sometimes (as in 1901) a combination is formed, but its permanence cannot be reckoned on. This, in making Cabinets unstable, compels a minister to think constantly of every vote, frequently even of one to be caught from among his opponents. The group system engenders and almost justifies intrigue, for how else can a working majority be secured? French politicians are probably not less scrupulous than politicians in other countries, but they are driven to tortuous methods.

The jealousy which the deputies show of the Administration may be explained partly as a tradition from the days of the Second Empire, partly from the critical temper inherent in the French nature, partly from the corporate ambition which leads every body of men to try to extend their power. It is unfortunate as a further source of instability, though sometimes as, for instance, in war crises, stringent criticism is needed to keep ministers up to the mark.

The plan of conducting legislation by Committees of the Chamber has been censured as weakening the power of a ministry to frame and push through its measures, and as injuring their symmetry. But this is due to the increasing demands made on the time of legislatures. The same procedure has been forced on the American Congress. In the British Parliament the opposite method of legislation by the whole House led to a deplorable congestion of business, to cure which a system of committees is being now tried. The governing assemblies of all the large countries are oppressed by more work than they can dispose of.

Of corruption in the legislature I have spoken already. Though neither flagrant nor widespread, there is enough to show that republics do not necessarily, according to Montesquieu's dictum, live by Virtue as Monarchies live by Honour. A graver defect has been the mismanagement of finance, the extravagance of every government, and the increase of the floating debt. So far from securing economy, as John Bright and the English Radicals of his time fondly expected, democracy has proved a more costly though less incompetent form of government than was the autocracy of Louis XV. in France or that of the Czars in Russia.

The Executive, pitifully weak in its relations with the deputies, is over-strong as against the individual citizen. Of civil liberty, as understood in Britain and America, there is not too much but too little. 1 The citizen is not safe from domiciliary visits and arbitrary arrests. On the other hand, the press enjoys practical impunity for whatever charges it may bring against individuals.

The responsibility of officials to special administrative tribunals, instead of to the ordinary courts of justice, secures for them, not indeed indulgence, for the special courts do their duty fairly enough, but a privileged position which reduces the citizen's sense of freedom. This is the more serious because the range of action of the centralized administration is so wide, stretching over the whole country, drawing trivial matters to Paris for decision. The Prefect, a product of the old régime reproduced under Napoleon, has not had his wings clipped by democracy. The local civil servant, ruled by the deputy through the Prefect, is expected to render help in elections, and is at all times liable to be accused of political partisanship. The Executive, moreover, sometimes at the prompting or with the consent of the Legislature, has been inclined to infringe upon the judicial department. Judges were once displaced on a large scale because of an alleged want of loyalty to the Republic.

These faults have been excused on grounds of political necessity. Where the very form of government is in dispute, and attempts to overthrow it by force may be feared, the same measure of freedom cannot — so it is argued — be allowed to local authorities or to individual citizens as in countries where a well-settled order has long existed, for a centralized bureaucracy holds a nation compactly together and restrains tendencies to disunion. To this it is answered that the policy of restraint is one to which republics ought least of all to resort, because, themselves founded on freedom, they claim that freedom assures the contentment of the people and their loyalty to free institutions. But though every Government, in its turn, applies repressive measures, defending itself by the plea that its predecessors have used them, the average citizen does not resent such action. If conservatively disposed, as are most bourgeois and peasants, he sees in them a guarantee of order.

The intolerance shown in religious matters and the spying upon officials, upon the army, even apparently upon judges, in which this intolerance expresses itself, and which in 1913 was charged on Freemasons who were believed to have practised it, are equally unworthy of a free Government. They are palliated on the same ground, viz. that the Roman Church, its clergy, and its aims are unfriendly to the Republic, so that a sous préfet who goes frequently to mass or lets his daughter sing in a church choir is presumably wanting in loyalty to the government he serves.

“Liberty, Equality, Fraternity “is still the motto of the Republic. Equality, civil and political, exists. Social equality is a thing which governments cannot establish, except by extinguishing all classes save one. Economic equality has come no nearer than elsewhere. Only a social and economic revolution could create it, and it is doubtful whether it could thereafter be maintained. Liberty is less secured than in some monarchies. As for Fraternity, one who notes the personal bitterness to which political and ecclesiastical partisanship gives rise is reminded of Metternich's saying: “If I lived in France I should prefer to have cousins rather than brothers.”

Class hatreds, anti-religious intolerance, and the deficient respect for personal liberty have not been brought into France by democracy. They are maladies of long standing, for which it is responsible only so far as it has not succeeded in eliminating them. It is the misfortune not the fault of the Republic that antagonisms are stronger than affinities, that they impede the working of government, distract it from some of its social tasks, and create a general sense of unrest.

This may also be said of the alleged indifference to politics of a large section of the population. Four revolutions and the almost incessant turmoil of political life since 1788 have not sufficed to make the bulk of the peasantry, and a considerable percentage of the bourgeoisie, take that steadily sustained interest in public affairs expected from them when the Republic was established. This impairs the influence of public opinion. In some classes it is sluggish, while if one regards the whole country, the divisions are too sharply cut to be blent into anything approaching a general national will. Though these conditions are no worse than they were under previous forms of government — perhaps indeed less evident than in the days of the Orleanist and Bonapartist monarchies — they are naturally disappointing to those apostles of popular government who hold that the gift of political power confers the sense of a duty to use it and the capacity to use it wisely. Happy faith, which the experience of a century and a quarter has not shaken.

It is time to turn to the other side of the balance-sheet and see what the democratic Republic has accomplished for France since 1871.

Its achievements must be judged, not only by the adverse conditions (already described), which the Past had bequeathed, but also by comparison with the performances of previous Trench monarchies, and in particular with those of the Second Empire, a period of material growth and widespread prosperity. Has France risen or sunk since her government became popular? By how much has the individual citizen been made happier and more contented?

Civil administration has been, both in town and country, reasonably efficient and generally honest. There has been less corruption and favouritism among officials than under the Second Empire. Some municipalities have been wasteful as well as lavish in expenditure, and that of Paris far from pure; yet such scandals as have arisen are less than those which, common in America from 1865 to 1900, have not yet been expunged from its cities.

Public order has been creditably maintained. When one considers the flame of anger that has blazed up in more than one political crisis, and in great strikes, among an excitable people, one must admit that only an Executive armed with large powers and bold enough to use them, even in the face of denunciations in the Chamber, could have checked disorders threatening civil war. The range of action and the arbitrary methods allowed to the police shock the Englishman or American, but they are seldom used with an evil purpose. Civil justice is less costly than in Britain or America. Few complaints are made of its administration or of that of the criminal courts, and the superior judges are generally trusted. The procedure in criminal cases which foreign observers have censured as harsh towards the suspected prisoner, and the laxity of the rules regarding the admission of evidence, are things of old standing in France, and unconnected with the form of government. Respect for the law and the Executive have prevented the growth of the habit of lynching.

It is hard to estimate the value of the legislation which the Republic has produced without passing an opinion on measures which nothing but experience of their working can test. The subjects which have chiefly occupied the Chambers have been education, controversial only so far as it affects the action of ecclesiastics, the relations of Church and State, the right of working-men to combine in unions, old-age pensions, sanitation, factory laws, and taxation, the most hotly contested point in which has been not the tariff, for Protectionist doctrine reigns, but the imposition of an income-tax. Upon these subjects statutes of wide scope have been passed. There are complaints that more has not been effected for the benefit of the masses, but whoever considers the atmosphere of incessant party strife in which the Chambers have had to debate and decide will not disparage the amount and value of the work done to improve industrial conditions. The total annual output of measures is said to be about the same as under the two preceding monarchies. Most of these have been non-controversial and of minor importance, partly no doubt because the Code framed under Napoleon definitely settled many questions in the law of family and the law of property which have remained less clearly determined in English-speaking countries, where there has been little codification on a large scale.

One of the chief tasks of each successive ministry has been to provide for military defence. Though the results accomplished fell short of what was frequently demanded, and though pessimists declared that democratic habits could not but destroy obedience, these results have been creditable to a people which had renounced and did not wish to revive its old militaristic spirit. A superb line of fortifications along the north-eastern frontier was constructed in the'seventies and'eighties. Constant attention was given to the supply of artillery. Mobilization was efficiently carried through in August 1914, and the French Army acquitted itself in the war which then began with a discipline and spirit worthy of its best traditions. The management of naval affairs, in which France had shone in days now remote, was less satisfactory, while the performances of the fleet in war seemed scarcely proportionate to the sums that had been spent upon producing it, or to the ancient fame of the French naval service.

The colonial possessions of France have been largely increased under the Republic in North, in West, and in Central Africa. Madagascar has been annexed, and so have large territories in South-E astern Asia. All these acquisitions (except Tunis and Morocco) are tropical, and would be un-suited for the settlement of Frenchmen, even if France had any surplus of population to send abroad. Whether they have the commercial value attributed to them, considering the expenditure which the maintenance of a navy to protect them implies, is a further question.

Foreign policy has been conducted, through many difficult crises, sometimes unwisely, yet with fewer variations of aim than have been visible in the lines followed by the other great European States. The two Chambers, in this respect reflecting and obeying the mind and purpose of the nation, have almost always strengthened and supported the Executive. When one considers the defects incident to the rule of popular assemblies, the restraint which the Chambers imposed upon themselves must elicit the respect of impartial observers. Foreign policy has been deemed, ever since (and even before) the days of Demosthenes, to be the weak point of a democracy. This charge finds little support in a study of French history between 1871 and 1914. Greater errors were committed and more weakness shown under the Orleans Monarchy and certainly under the Second Empire.

The chief praise, however, which may be given to the Third Republic is that it has lasted fifty years, more than twice as long as any preceding form of government since 1792. 1 Several times it has been in peril. But though the currents drove the ship very near to the rocks, she managed, by skill or good luck, to escape them unscathed, and her course during the present century has been steadier than before. It would be too much to say that the mass of the people are better contented than in previous generations, for the peasantry and a large part of the bourgeoisie were content under Louis Napoleon, to whom many looked back as the man “qui faisait vivre toute le monde,” and large sections of the working-men are impatient for a socialistic Republic. But a long series of elections has shown that though there is a dislike of Parliamentarism and a hankering after a stronger Executive — I do not mean a dictatorship — the old monarchical parties are virtually extinct. The Republic, in one form or another, is the choice of France. Even Paris, which has so often made revolutions without the will, or against the will, of the country, could not do so to-day. Tocqueville asked, more than half a century ago, “Are we on the way to intermittent anarchy, the incurable disease of old peoples? “But France seems no nearer to-day than in 1870 to that calamity. Many forces are struggling for mastery within her. But those that make for stability, a stability in those essentials which give life and hope, seem likely to prevail.

What are the lessons which the history of popular government in France can furnish to other countries? Caution is needed in basing conclusions of general applicability on the experience of a country whose conditions are so peculiar, for the successes and the failures there may be due less to the system than to those conditions. But subject to this reservation some few morals may be drawn illuminative for the student of popular governments in general.

Democracy needs local self-government as its foundation. That is the school in which the citizen acquires the habit of independent action, learns what is his duty to the State, and learns also how to discharge it. The control of local affairs by the Central Government has in France lessened the citizen's sense of responsibility. It has multiplied the posts of which the executive can dispose, and thereby enlarged the field in which political patronage can run riot. Patronage may no doubt be employed and abused by local authorities also, and is so employed in America and elsewhere for personal or party ends. But this does less harm to the higher interests of the State, for the held of action is narrower, and the malady may be only sporadic, curable by the action of the local citizens themselves when they have been roused to a sense of its evils, as it is being cured to-day in the United States.

That democracy is not necessarily a weak government is proved by the vigour and firmness with which the French Executive has more than once repressed breaches of public order. Much of course depends on the support which the ministry may count upon from public opinion. Much depends on the individual minister. He may be timid, he may be strong. But the general truth remains that a forceful man whose motives are above suspicion will be supported. The masses value courage in their leaders.

The control of a single omnipotent Assembly is dangerous. A check on haste or passion is needed, be it that of a Rigid Constitution limiting the Assembly's powers, or that of a presidential veto, or that of a Second Chamber. Some high authorities would like to see the French Senate stronger, not merely in respect of its legal powers, but by the weight of the men who compose it. But taking it as it is, it has been a valuable safeguard.

Democracies, especially Parliamentary democracies, need the kind of leadership which creates compact and steady parties, one of which may constitute a majority capable of maintaining, for some while at least, a government that will pursue a settled and consistent policy. It fixes upon one or a few that responsibility which can no more be fixed on an Assembly than you can grasp a handful of smoke. France has suffered, since the death of Gambetta, from the want of such leadership. Jules Ferry had some of the qualities required. Waldeck-Rousseau had these in larger measure, and he pulled things together when they were falling into confusion. The leader may no doubt be a demagogue who can lead the Assembly or beguile the people into dangerous paths, but France is not a soil specially favourable to demagogism, less favourable perhaps than England. France is intensely critical. It is not from plausible Parliamentary or platform rhetoricians that the menacing spectre of a dictatorship has arisen.

Universal suffrage offers no guarantee against such a spectre. It installed Louis Napoleon as President for ten years, it subsequently made him emperor, it confirmed his power a few months before his fall in 1870, and on each occasion by a vast majority. It gave a good deal of support to Boulanger. Caesarism can attract the masses now as it did in the last days of the Roman Republic.

Secret societies, indispensable to the friends of liberty who conspired against the tyrants of Italy two generations ago, are regrettable in a country which has secured full constitutional freedom. Their influence on politics is unhealthy because irresponsible, prone to intolerance, and easily made the tool of selfishness or social persecution.

Individual liberty is not necessarily secured either by the sovereignty of the people, or by equality in private civil rights, or by social equality. In France the citizen has less security against arbitrary arrest and detention, or the searching of his house, or any act of discretionary authority on the part of police or other officials, than Americans think to be an essential part of freedom or than Englishmen enjoyed as such long before democracy was established in England. He is subject in peace time to some of those stringent restrictions which in most free countries are imposed only in days of war.

Whoever surveys the history of France from 1789 to our own time must be struck by the habits of thought and action which repeated revolutions engender. Each violent disturbance of the established order disposes men to another. That “sacred right of insurrection “which ought to be the last resort when other remedies have failed, is invoked on occasions which do not warrant it, and is likely, if successful, to carry destruction farther than is necessary. Weakening the respect for authority, it encourages ambitious adventurers to use it against a lawful government whose defects can be removed in a legal and peaceful way. The fear of it, terrifying the quiet and “respectable “citizens who think first of their comfort and their property, makes them rally to the usurping adventurer and support the government he sets up. The acts of violence that accompany it may leave behind animosities dividing the nation for generations to come. 1

All these things happened in France. That the Revolution was needed in 1789 few will now deny, but two or three generations passed before the spirit which the Revolution called up could be exorcised. Half a century of constitutional government seems to have now broken the habit of insurrection, for the people know that they can obtain by their votes whatever they desire. But they still suffer, if not from the disease, yet from what physicians call the sequelae. The venerable doctrine of the English Whigs that where constitutional changes are needed they ought to be effected with the least possible breach of continuity, may seem obsolete and moss-grown. Nevertheless there are countries in which it still finds its application.

Those who say that democracy has not brought to the service of the State enough of the best ability of the nation cannot mean that there is a lack of talent, for as George Sand was wont to say, “Talent is everywhere in France.” Englishmen and Americans who live in Paris are struck by the sustained vivacity of French politics and the amazing cleverness they elicit. The Chambers are a theatre in which the actors are also the audience, enjoying as connoisseurs one another's performances. Some of this cleverness might, however, be usefully exchanged for an infusion of calm and reflective minds, with a wider outlook around and ahead, who could by their characters and attainments exert a steadying influence on opinion. Each democracy needs leaders of the qualities fitted to compensate its peculiar defects. There is no lack in France of men rich in knowledge, acute and vigorous in thought. No modern country has done more, if indeed any has done so much, to originate and develop philosophic thinking on politics. But the greater part of these stores of knowledge and wisdom are not used in political life, and those few statesmen who possess them seem unable to breathe freely in the circumambient atmosphere of passion and partisanship.

A sketch of what the Republic has done or failed to do for France cannot well conclude without some reference to its alleged effects upon the intellectual and moral life of the country. Edmond Schérer, writing in 1883, remarked, as many had said before him and have said since, that democracy was producing mediocrity. Some able French writers of our own day, not Royalists or Clericalists, attribute to it that moral decline also which they discover in their countrymen. With all deference to these eminent persons, one may doubt whether forms of government have more than a slight and transient influence upon literature or art or philosophy. Proposing in a later chapter to deal with this subject, I will here touch but briefly on the case of France. Political freedom has not there borne those intellectual fruits which enthusiasts who lived under despotism expected, for great thinkers and teachers and statesmen are no more frequent now than they were in those days. Democracy may, in the sphere of politics, have levelled down as well as levelled up, and failed to produce many figures conspicuous for elevation and independence. But though it may develop some kinds of talent more than others, there is nothing to show that it reduces the volume of talent that any country possesses, still less that it retards the growth of science, or of art, or of learning, or of polite letters. These things lie outside politics. They bloom or wither from causes hitherto unexplained, perhaps unexplainable: they are affected by social environment and the general tendencies of the age. If it be a materialistic age, men whose minds feed chiefly upon newspapers, men occupied with business projects and leading a restless, leisureless life, are not likely to be creative in the higher realms of thought. “Whatever tendencies happen to rule their world will find expression in politics also, and colour their ideals; but it is in the tendencies themselves rather than in the form of government that the cause resides. Why suggest that it is democracy which has refused to the France of the twentieth century poets of outstanding fame like Victor Hugo, or prose writers like Kenan and Taine, when we note the same absence of exceptionally brilliant figures in almost every country, whatever its form of government. Ranke and Mommsen have had no successors of equal rank in monarchical Germany; nor have Wordsworth, Tennyson, and Browning had such successors in democratic England. The charge that may be with more force brought against democracy is that it has failed, as in many Other countries, to bring to the front, in sufficient numbers, men of high constructive gifts, fit to grapple with the increasingly difficult problems the modern world has to face. Herein universal suffrage and the representative system have not fulfilled the hopes of 1789.

With morals the case is not quite the same, since they are affected by the standards which the law sets up and which the habits of political life make familiar. If law gives a free rein to licence in writing or in conduct, it may help to lower the tone of social life. The law, or the application of it, has in these matters been far from strict under the Republic. But the standard of morality, public or private, is in practice no lower than it has often been under monarchies or oligarchies. Not to go back to the Regency and Louis XV., those who read the records of the Restoration after 1815 or remember the Second Empire, will not single out the Third Republic for censure. Pecuniary corruption was far more general and more flagrant under the Russian autocracy than it has ever been in any free country. Sixty years ago the France of Louis Napoleon used to be unfavourably contrasted with what were then believed to be the superior morals of Germany. Such a contrast between the two countries would not be drawn to-day. The increase of divorce, arraigned as a blemish due to the legislation of the Republic, is a feature of modern society in every country, nor is morality any higher in the countries that forbid divorce altogether than m those which permit it. There may, however, be force in the complaint that recent French legislation discourages school instruction in moral duty by forbidding the teacher to make any reference to the existence of the Deity, and by excluding everything of a religious nature from the school-books.

Political philosophers have been apt to attribute too much to the influence of forms of government upon the life of a nation as a whole. Foreign observers in particular are apt to fall into this error, knowing less of the inner spirit and domestic virtues of a people than they do of its government and politics, for where a government is popular its defects are patent to all eyes, and these defects are taken to be an index to its character. Seven years ago such observers thought they saw in France a people torn by internal dissensions, religious and political, a legislature changeful and discredited, a large part of the population indifferent to politics, only a small fraction of the finest intellect of the country taking part in its public life. They concluded that France was a decadent country, in which the flame of national life was already flickering low. Then suddenly a war more terrible than any known before broke upon the nation. And an invading army occupied large parts of its territory. Political dissensions continued, political intrigues were as rife as ever; ministry followed ministry in quick succession. But the Nation rose to confront the peril that threatened its existence, and showed that the old spirit of France had lost nothing of its fervour, and her soldiers nothing of their valour.

SWITZERLAND

CHAPTER XXVII: the people and their history

Among the modern democracies which are true democracies, Switzerland has the highest claim to be studied. 1 It is the oldest, for it contains communities in which popular government dates farther back than it does anywhere else in the world; and it has pushed democratic doctrines farther, and worked them out more consistently, than any other European State. Moreover, being a Federal State, it contains within its comparatively narrow limits a greater variety of institutions based on democratic principles than any other country, greater even than the Federations of America and Australia can show.

To understand Swiss institutions and their working one must know something both of the physical character of the country and of the history of the small communities, diverse in race and speech, which have grown into the Swiss nation. The natural conditions might seem most unfavourable to the creation of a State or even of a nation. The Swiss people, as they are to-day, dwell on both sides of a gigantic mountain mass, those to the north on a high plateau traversed by a series of ridges, the rest in deep valleys separated from one another by craggy heights and widespreading snow-fields. No natural boundary marks them off from the Germans to the north and east, from the French to the west, and from the Italians to the south. Ethnologically they belong some to one, some to another, of those three racial stocks, and have no common language. It is a remarkable series of events, reaching back over more than six hundred years, that has brought men of these three stocks together, and made them not only a united people, but one of the most united, and certainly the most patriotic, among the peoples of Europe.

Outline of Swiss History

Towards the end of the thirteenth century three small Teutonic communities dwelling in secluded valleys to the south and south-east of the Lake of Luzern, entered into a league of mutual defence to protect themselves against the encroachments of the land-owning nobles of the lower country to the north, to whose exactions, based on more or less doubtful feudal rights, they would not submit. Turning to account the strength of their mountain fastnesses, they repelled the repeated attacks of the Counts of Habsburg, though never disputing the ultimate sovereignty of the Emperor, having indeed received favours from the great monarchy of the house of Hohenstaufen. Like the Englishmen who in the same age were wresting from the Crown a recognition of English liberties, they proclaimed no abstract principles of freedom, but stood on the foundation of their ancient rights. They lived off the produce of their own fields and woods and pastures, governing themselves by gatherings of the people in which every householder was the equal of every other. This was the beginning of democracy. After a time other rural communities and a few cities, some which, like Zürich and Luzern, may have come down as trading centres from Roman times, some which, like Bern, had grown up as hill fortresses in the welter of the Dark Ages, entered into alliance with these stalwart mountaineers, and by degrees fresh communities were added, all being allied to the original three, but not necessarily to each of the others. In 1353, when Bern joined, the League came to number eight cantons. In 1513 the accession of Appenzell raised it to thirteen, at which figure it remained down till the changes induced by the French Revolution. Before the end of the fifteenth century it had become a power in Central Europe. The religious dissensions of the Reformation put a severe strain upon its cohesion, for half the cantons embraced Protestantism and half clung to Rome, but it survived the strain, for the supreme interest of common defence held its members together. In 1648 the Confederation was recognized by the Treaties of Westphalia as an independent State, the theoretical suzerainty of the Empire having by that time become obsolete. The internal political institutions of the allied communities varied greatly. The rural cantons were pure democracies, governing themselves by meetings of the people. Of the cities, some, like Bern, were close oligarchies of nobles: in others oligarchy was more or less tempered by a popular element. As the Confederation bound them together only for offensive and defensive purposes, each canton had control of its domestic affairs. The Diet met to deal with external policy and divers matters in which the cantons were jointly interested, and the delegates who sat in it acted on the instructions given by their respective cantons. There was, as in the United States between 1776 and 1789, no Central Executive. Some cantons had by conquests in war acquired territories whose inhabitants they ruled as subjects, and to whom they granted none of the freedom they claimed for themselves.

The French Revolution ushered in a period of storm and confusion. In 1798 French armies entered Switzerland. Much fighting followed. The old system was completely overthrown. 1 A centralized Helvetic Republic was created, and vanished when a Federal system, far closer than that of the old League, was established by Napoleon in 1803. Change followed change. A new and larger Confederation was set up in 1815; and even thereafter unrest and dissensions continued till, after the short Sonderbund 2 war of 1847 between the Protestant and Catholic cantons had ended by the victory of the former, a new Constitution was created in 1848, which turned what had been a League of States into a Federal State, modelled in many respects upon the lines of the United States Constitution. This frame of national government was. after long debates, further amended in 1874, and it is by the Constitution of that year (altered subsequently in certain points) that Switzerland is now governed. The territories formerly subject to particular cantons, as Vaud was subject to Bern and as the Italian districts now forming Ticino were to the three oldest Forest Cantons (Uri, Schwytz, and Unterwalden), were in 1803 raised into autonomous cantons, and all Swiss citizens now enjoy equal political rights under cantonal constitutions, and under the Constitution of the Confederation.

Differences, however, remain between the component parts, differences so marked as to make the unity of the Swiss nation a singular, perhaps a unique, phenomenon in history. Nearly two-thirds of the population speak German, most of the others French, a few Italian, a still smaller number Romansch or Ladin. 1 A considerable majority both of German-speaking and of French-speaking people are Protestants, the rest Roman Catholics. Fortunately the local boundaries of the religious confessions do not coincide with those of language, for in some Protestant cantons the people speak German; in some Catholic cantons they speak French; in some Catholics and Protestants are mixed, and both languages are spoken. Racial intermixture proceeds steadily though slowly, and the diverse elements are assimilated more through literature and migration and commercial intercourse than by intermarriage. Villages may be found in which the German-speaking inhabitants do not know French, nor the French-speakers German. Some are more advanced than others in political knowledge and experience, but all alike are devoted to Switzerland, proud of its history, resolved to maintain the liberties both of the Cantons and of the Confederation. The circumstances which detached them from the three great neighbouring peoples secured to the older cantons a freedom which they prized all the more because they alone among continental nations enjoyed it; and when the subject lands were emancipated this love of freedom and fidelity to national traditions spread from the older cantons to the newer. Thus have members of three races become one people.

But though united they are not homogeneous. Not only in language are there differences, but also in the occupations of the inhabitants, in the external conditions of their life, in religion, in character, in ideas and habits of thought; and with this diversity there is also a local pride which clings to time-honoured ways and resists the tendencies, strong as these have become, that make for uniformity. Here, therefore, are the salient features of the nation which the student of their institutions must keep always before his mind — a strenuous patriotism bracing up the sense of national unity, an abounding variety in the details of social, of economic and of political life, coupled with an attachment to local self-government, which, having been the life-breath of the original cantons, passed into the minds and hearts of the others also, making them wish to share in the ancient traditions, and contributing to the overthrow of oligarchy in the cities even where, as in Bern, it had been strongest. Thus one may say that the three Forest Cantons, the highland kernel of what was called in the sixteenth century the “Old League of Upper Germany “have, while each retaining to-day no more territory than they held in 1291, so spread out by their traditions and by the spirit they kindled as to be the creators of the new democratic State. Success in war, and the pride in common triumphs, counted for much in the earlier stages of the process, while in the latest the existence of four great States to the north, east, south, and west, had, so to speak, squeezed the Swiss together, keeping them always on their guard against dangers from abroad.

The diversity of those who inhabit this small area (15,976 square miles) has increased of recent years by the growth of manufactures. One-third of the total population (which was estimated in 1915 at 3,900,000) is still engaged in pastoral and agricultural occupations, and the number of persons owning land is given as about 500,000. Among manufacturing industries, textiles (silk and cotton) are most important, watch-making and the production of machinery coming next. There are practically no mines, except of salt. Although the country has to import its coal, and is only beginning to develop the water power furnished by many mountain torrents, the recent extension of factories and workshops has created a large working-class population in the towns, especially of the north-eastern cantons, and drawn in a crowd of immigrants, chiefly from Germany, many of whom have not become citizens. 1 This has helped to diffuse socialistic principles, as the immigration of Italians into the industrial districts and of French into the West has largely increased the number of Roman Catholics. 2 In Geneva, the city of Calvin, these now form a majority of the inhabitants, though not of the citizens. The growth of the urban element as compared with that of the country dwellers naturally affects political parties, and the incoming foreigners do not at once imbibe Swiss patriotism and Swiss ways of thinking. But the rural folk, with their traditions of a historic patriotism, their individualism, and their habits of local self-government, still remain the dominant element and give to the nation its peculiar character of steadiness and solidity.

CHAPTER XXVIII: political institutions

Local Government—The Commune

As Swiss political institutions have been built up on the foundation of small communities, rural and urban, accustomed to control their own affairs, it is from this kernel that a description may fitly start. I begin with the Communes, passing on next to the Cantons and thence to the Confederation. The Commune is in some places as old as the Canton, in some even older. The history of its earlier forms, its control of the common lands, the various features it showed in different districts of the country, and the transformations it has undergone down to quite recent times,— these are matters so intricate that I must be content with observing that the commune was from the earliest times a potent factor in accustoming the whole people to take interest in and know how to handle local affairs, every man on a level with his fellows. It is still the political unit of the nation and the focus of its local public life. To be naturalized as a Swiss citizen, one must be a member of some commune, and this gives (with the approval of the cantonal authority) both cantonal and national citizenship. There are now over 3104 communes in the country, varying greatly in size and population, and roughly corresponding with American townships. They deal with many branches of local business (though not everywhere to the same extent) such as education, police, poor relief, water-supply, sometimes in conjunction with a cantonal authority. Usually, too, a commune holds property, and has, in rural areas, the supervision of the communal woods and pastures. In the German-speaking cantons it is governed, in rural places and very small towns, by a mass meeting of the citizens in which questions are debated as well as voted upon. Where the population is larger, and generally in the French-speaking districts, the main business is the election of the Communal Council, a standing body for conducting current business and making minor appointments. Its chairman (like the Maire in Erance) has often special functions and a certain measure of independent action. 1

In parts of Switzerland some communes were, till the end of the eighteenth century, virtually sovereign States, tiny, but independent. Such was the hamlet of Gersau, east of Brunnen, on the shore of the Lake of Luzern, and now included in the canton of Schwytz, and such were the communes of the upper valleys of the Rhine and the Inn, which formed themselves into the three Leagues that, still later, united to form the canton of Grisons (Graubünden).

In the larger towns the commune becomes a municipality, governed by a council, which is elected, as a rule, for three years, and has complete control of city affairs. There is usually, as chairman of this council, a president or mayor, who, having little power, resembles an English mayor or Scottish provost rather than the more important mayor of America. In some places, however, certain executive functions are entrusted to him. Cities, like rural communities, enjoy a wide range of authority subject to general cantonal laws. Some of them have undertaken to supply water and gas or electricity, some own the tramways, Zurich leading the way in these municipal enterprises. Neither against councillors nor against officials are charges of corruption brought even in the largest cities which raise a considerable revenue. The councils are sometimes accused of trying too many experiments or of employing too large a staff, and now and then a little jobbing may occur; but the salaries are small, the work done is carefully supervised, and taxation is not excessive, though the debt tends to rise. It need hardly he said that Swiss thrift is even more characteristic of the rural than of the municipal administrators.

School teachers are elected by the people and usually for short terms 2 — a plan which has not been found to work well in Zürich. So in some Protestant cantons the law provides for the election of pastors for short terms.

In the cities elections are apt to be fought upon political lines, which, however, are seldom sharply drawn. Contests are sometimes avoided by conceding to each party a fair representation. In rural areas, which are seldom troubled with questions of general policy, such as those which divide individualists and the advocates of municipal socialism, politics are little regarded in the choice of officials, for there are not, as in the United States, office-seekers demanding rewards for their services.

Local self-government has been in Switzerland a factor of prime importance, not only as the basis of the administrative fabric, but also because the training which the people have received from practice in it has been a chief cause of their success in working republican institutions. Nowhere in Europe has it been so fully left to the hands of the people. The Swiss themselves lay stress upon it, as a means of educating the citizens in public work, as instilling the sense of civic duty, and as enabling governmental action to be used for the benefit of the community without either sacrificing local initiative or making the action of the central authority too strong and too pervasive.

The Cantons

The cantons, twenty-two in number — or rather twenty-five, for three are divided into half-cantons, each with its own government 1 —are, like the States of the American Union, very unequal in size and population. Grisons has an area of 2773 square miles, Bern of 2657, Zug of 92. The population of Bern was (estimate of 1915) 665,000, that of Zurich 538,000, while that of Uri was 23,000, and that of Glarus 34,000. In fifteen German is the language almost exclusively spoken, in three (Neuchâtel, Vaud. And Geneva) French, in one (Ticino) Italian, in two (Valais and Solo thurn) each tongue claims about a half of the inhabitants, while in Bern German predominates, as does French in Fri-bourg. Three cantons (Unterwalden, Appenzell, and Basle) are split up into independent half-cantons, and in each the two halves, taken together, hold in the Federal Legislature the representation of one canton.

The rights and powers of a Canton correspond generally to those of a State in the American Union and in the Australian Federal Commonwealth, and are greater than those of a Canadian Province. It is sovereign in so far as it has not yielded up its sovereignty to the Confederation, so that in case of doubt as to which possesses any given power, the presumption is in favour of the canton. “The cantons are sovereign,” says the Constitution, “so far as their sovereignty is not limited by the Federal Constitution, and as such they exercise all the rights not delegated to the Federal Government.” These powers include taxation (except customs duties), education (subject to a certain measure of oversight by the Federal Government), industrial legislation, and so much of legislation on contractual topics (including trade and commerce), and on criminal law, as has not been taken over by the Federal Legislature in the exercise of its concurrent legislative powers. 1 Thus their sphere, though, as we shall see, reduced in many respects by the increased legislative authority conferred on the National Government when the latter chooses to exert it, is still wide; and the hold they retain upon the interest and affection of their inhabitants is naturally strongest in the older and more conservative cantons.

In describing cantonal political institutions no more need be said about the forms democratic government has taken than is required to make its practical working intelligible, and to explain the nature of the political life which continues to flow in the old local channels.

The cantons, whose differences in detail are too numerous to be here dealt with, fall into two classes — those ruled by primary, and those ruled by representative assemblies. Four, viz. two whole cantons (Uri and Glarus) and four half-cantons, all of them small and all among the older cantons, have retained or returned to the primitive Teutonic system of government by a primary assembly, in which every adult male citizen can speak and vote. 1 The assembly, called a Landesgemeinde, recalls the old English Folk Mot, the Thing of Norway and Iceland, the Homeric Agora, and the Roman Comitia; while its manner of doing business resembles that of the Town Meeting in New England. It meets once a year in the open air under the presidency of the annually elected Landamman, enacts laws or ratifies those previously passed by the Council, passes resolutions, settles current questions such as those that relate to finance and public works, and elects both the principal officials, including the judges, and (as a sort of standing committee) an Administrative Council. In cantons where the number who attend the Assembly is not too large to be reached by the voice, every one can speak, and can present a proposition. 2 A smaller council, which manages the less important current business, is chosen by the citizens in local divisions. This is the oldest, simplest, and purest form of democracy which the world knows.

Of these four cantons, three, viz. Uri, the two Unterwaldens and the two Appenzells (especially Appenzell Inner Ehoden), are highly conservative in temper. (This is less true of Glarus in which manufacturing industries have sprung up.) They are agricultural or pastoral communities where men lead simple lives, no one rich, no one abjectly poor, all socially equal. They cherish the memories of their ancestors who won freedom for them centuries ago, and are content to abide in those traditions. The reader will have noted that both in the communes and in the cantons there is, except to some slight extent in the four Landesgemeinde cantons, where the annually elected Landamman is head of the State, no such thing as a single official head of the political community, nor indeed any other flavour of monarchy such as the Governorship in an American State. Authority is always vested in a Council, the chairman of which is a presiding officer and nothing more, with no wider opportunities of exerting authority than have his colleagues.

All the other cantons, including the half-cantons Basel Land and Basel Stadt, have each its own constitution or frame of representative government which its people have enacted for themselves, as prescribed by the Federal Constitution, and which they can change as and when they please, subject, however, to the assent of the Federal Government. In each a prescribed number of citizens can demand a revision, in which case the work is undertaken either by the Great Council or by a body specially elected for the purpose, and the draft is (as in the American States) submitted to the people for their approval. Particular amendments also require the approval of a popular vote, elected by all citizens, for manhood suffrage has been everywhere adopted. 1 The elected legislature is in most cantons called the Great, sometimes the Cantonal, Council. Current executive business is entrusted to a smaller body, consisting of from five to thirteen members, and called in the German-speaking cantons the Administrative Council (Regierungs Rath) or the Small Council (Kleiner Rath). The higher judges are in most cantons appointed by the Great Council, but those of lower rank are elected by the people, and always for comparatively short terms. Police belongs to the cantons, which are bound to execute Federal as well as Cantonal laws.

This kind of government is, as already observed, everywhere rooted in a system of self-governing communes, where the inhabitants administer all their local affairs, and is as completely popular as can well be imagined. The Swiss having reduced to a minimum the powers of any single executive official, there is no official to whom a veto power could be entrusted. No one can disallow laws, except the people themselves by means of the Referendum, i.e. the right of the citizens to vote directly upon measures passed by the Cantonal Legislatures. To this right I shall presently return, as it is an institution applicable to the Confederation also. There are, moreover, seven cantons which permit the people, by a specified majority, to demand the dissolution and re-election of the Great Council as no longer truly representing popular sentiment. This resembles the American “Recall” to be described in a later chapter. 1

The members of the Great or Cantonal Council are elected in districts and frequently re-elected on the expiry of their term, which usually lasts three or four years. The payment allotted to them is small. Everywhere in Switzerland, though most conspicuously in the smaller rural cantons, salaries are extremely low and offer no prize for ambition. This Council, which meets twice a year, is a body so much in the eyes of the people that it is not exposed to that distrust which has led to the restriction of the powers of American State Legislatures, nor has it favours to dispense such as lie in the gift of those assemblies. 2 It exercises a general control of cantonal affairs, votes the budget, makes the laws, supervises the administration. Nearly half of the cantons (omitting those with a Landesgemeinde) entrust to it the choice of the Executive Council, while in the rest the more thoroughly democratic plan of giving that function to the people has been adopted.

The Small (or Executive) Council is legally subordinate to the Great Council, which can direct it how to act, or reverse its decisions; but its members are admitted to speak in the Great Council, and its position and knowledge secure for it great influence with that body. It reports, it submits measures, it drafts bills when required to do so. It has the strength which experience acquired by permanence in office, confers, for the persons who compose it are usually re-elected, term after term. This is, however, not invariably the case, because in some cantons the balance of parties oscillates, and an effort may be made to instal adherents of whichever party may happen to be dominant. Still, broadly speaking, the Executive Council is a business Board with little political colour; and good working relations between the two bodies seem to subsist equally where the Great Council and where the people elect the Executive. The fact that in the latter case the Executive holds by an independent title has not, as some predicted, encouraged it to resist the legislature. Though in nearly every canton one or more representatives of the minority or minorities find their way on to the Executive Council, despite the fact that the vote is taken by a “general ticket” over the whole canton, still, in order to assure the representation of minorities, several cantons have adopted systems of proportional representation, for every body feels that each important section should have its spokesman and its share of office. 1 Switzerland is specially fitted for such a system, because nowhere are so many voters independent, some not reckoning themselves party men, and most of them disposed to please themselves rather than their party leaders. Opinion, however, has not yet finally declared itself for or against the plan. Some cantons have refused constitutional amendments framed to establish it, its opponents observing that it encourages minorities to put forward as candidates not the men, and especially the moderate men, whom general opinion will recognize as the best, but the keenest partisans who have worked hardest for the party. Without proportional representation, men of the former class would have been nominated in the hope of their drawing votes from the other side, but the latter sort can, under the proportional system, be made sure of election anyhow. Hence even those who admit the right of minorities to be represented have argued that this was attained in a better way under the present disposition of the majority to make room for good candidates who do not belong to their own party.

In comparing Swiss with American bodies one must always remember how great is the difference in size between the average Canton and the average State. In most Swiss cantons all the leading men are known to one another and to everybody else so it is easier for the voter to form a judgment on the merits of candidates. To serve the Canton has been regarded rather as a duty than as a privilege, and as in earlier days men were often compelled to accept public office, so now some cantons impose a penalty on citizens who neglect to vote. There has hitherto been in many cantons no sharp division between parties and but little party organization; and in the more backward rural cantons the representatives, coming largely from the less-educated class, are frequently chosen in respect not of the political doctrines they profess, but of their local reputation and influence. In so far, party counts for little in cantonal affairs. But there are also some cantons, such as Geneva, where the smallness of the area sustains the warmth of political life, and where the element of personal leadership comes more fully into play than it does in the Assembly of the Confederation. In these, and especially wherever the growth of Socialism has alarmed the conservative sentiment of the peasantry and the richer townsfolk, cantonal elections are fought with spirit upon party lines.

Government of the Confederation

The Federal Constitution

The Constitution of the Confederation was enacted and can be changed by the people only, acting both as a Swiss Nation and as the peoples of the several cantons. The Legislature may, if both Houses concur, decide on a revision, and then proceed to make it, thereafter submitting it to a popular vote. If, however, only one House desires it, or if it is demanded by 50,000 qualified citizens, a popular vote is taken as to whether there shall be a revision, and if this is carried in the affirmative by a majority of citizens voting, then, after a new election of the Legislature, the two Houses proceed to amendment, and the amended Constitution is submitted to the people. If it is approved by a majority of votes of the citizens and also by a majority of the cantons, it goes into effect. Where no general revision but only a specific amendment is proposed, either by both Houses or by 50,000 citizens, the preliminary vote of the people is not required, but the amendment goes straight to the people for acceptance or rejection. The 50,000 may either propose their amendment in the form of a clause or merely state its principle and ask the Legislature to put their idea into proper shape. The Constitution of 1874 has been amended twelve times between 1874 and 1918, five amendments submitted between those years having been rejected.

The Constitution is a longer document than is the Federal Constitution of the United States, on which it is largely modelled, and enters more fully into details, some of which belong to the sphere of ordinary rather than to that of constitutional legislation. Three of its features deserve special mention.

First. — The distribution of powers between the National and the Cantonal Governments is generally similar to that of the American and Australian Federations. The National Government has the control of foreign relations, save that the cantons are permitted, subject to Federal approval, to make with one another and with neighbouring foreign States agreements regarding border and police relations, not being of a political nature. 1 It declares war, makes peace, concludes treaties, manages the national army. (No canton may, without Federal permission, maintain a force exceeding 300 men.) It owns and works all the railways, except the Simplon-Loetschberg line from Bern to Domo d' Ossola, and some tourist lines running up the mountains. It administers all Federal property, takes charge of posts and telegraphs, of copyrights, of currency and national finance, of banking and of customs duties, controls water-power, and has a monopoly of gunpowder and of the production of alcohol. It legislates upon commerce (including bankruptcy) and upon contracts generally, except those relating to land, which are left to the cantons; and has now (as already observed) enacted a complete civil code. It determines questions as to the meaning and construction of the Constitution, including cases in which a canton is alleged to have transgressed that instrument. These are exclusive powers. It has also some concurrent powers exerciseable conjointly with the cantons, and can supervise the action of the cantons in certain fields, such as industrial conditions, insurance, highways, the regulation of the press and education, requiring the cantons to provide instruction which shall be compulsory, unsectarian, and gratuitous. When it exerts these concurrent powers its statutes prevail against those of a canton.

Secondly. — There is little in the nature of what Americans call a Bill of Eights, far less than in the Constitution of the United States. Trial by jury is not mentioned, but capital punishment for political offences is forbidden.

Thirdly. — The conflicts between the Eoman Church and the Protestant parties which so long distracted Switzerland have suggested various provisions relating to religion. Freedom of belief and the free exercise of worship “within the limits of morality and public order “are guaranteed throughout every canton. No one can be compelled to take part in any religious society or religious act, nor shall his civil or political rights be abridged by any ecclesiastical provisions, nor shall religious views absolve from the performance of civic duties, nor taxes be required from any one the proceeds of which are appropriated to a religious body to which he does not belong. No bishopric may be created without the consent of the Federal Government. Ecclesiastical jurisdiction is abolished; burial-places are to belong to the civil authorities; the right of marriage is not to be limited on religious or economic grounds. Neither the Jesuits nor any Order affiliated with them shall exist; the participation of their members in church or school work is forbidden, and the Federal Government may extend this prohibition to other religious Orders whose action endangers the State or disturbs inter-denominational peace. These provisions, however, do not inhibit a canton from maintaining what may be called a State establishment of religion, and some in fact so do, the civil authorities supporting by funds and to some extent guiding or controlling the ecclesiastical organization. This happens to a greater extent in several Protestant cantons than it does in Catholic, because the Roman Church has an organization and authority of its own.

The Frame of National Government

The Federal Government consists of four authorities: ( a ) the Legislature, viz. the National Assembly (Bundesver-sammlung, Assemblée Fédérale), which is the supreme representative body; ( b ) the Executive, viz. the Federal Council (Bundesrath, Conseil Fédéral), an administrative body of seven members; (c) the Judiciary, viz. one Federal Tribunal (Bundesgericht) 1 ; ( d ) the People of the Confederation, which, being the final authority and empowered to act by its direct vote, has the ultimate control of legislation, and through legislation, of the government as a whole.

The Federal Legislature

The National Assembly consists of two Houses: the National Council (National Kath, Conseil National) and the Council of States, i.e. Cantons (Stände Rath, Conseil d'États).

The National Council (corresponding to the American House of Representatives) is elected by the citizens of the cantons in cantonal districts and now (1919) by proportional representation. The smallest cantons and the smallest of the six half-cantons have each one member, while Bern has 32 and Zurich 25. The total number is now 189. All are elected by manhood suffrage, 1 on the last Sunday in October, once in three years, a church being frequently the polling-place. Each Chamber sits for three years, there being no power of dissolution. It meets regularly four times a year, 2 March, June, September, and December, choosing its President and Vice-President for each session, neither being eligible for the same office in the next consecutive regular session. Each member is paid twenty-five francs (about $5) a day for each day when he attends, besides his travelling expenses. The Chambers meet at 8 A.M. in summer, at 9 in winter, and the sessions seldom last more than three weeks.

The Council of States, corresponding to the Senate in the United States and in Australia, consists of two members from each canton, chosen by each canton according to its own laws, in most cantons by the people, in others by the Cantonal or “Great” Council. The term of service also varies, some cantons choosing councillors for one, some for three years, while Valais elects for two. Their salaries (nearly everywhere the same as those of members of the National Council) are paid by the cantons.

For some few purposes, such as the election of the administrative Federal Council and of its President, of the Chancellor, and of the Commander-in-Chief of the Army, and also of the Federal Tribunal, and also for the determination of legal questions, and the granting of pardons, the two Houses sit together as a National Assembly, the President of the National Council presiding.

The powers of the two Houses, legislative, administrative, and judicial, are equal, and (as in Australia, but not in the United States) the smaller House, which represents the cantons, is in practice rather the weaker of the two, men of energy and ambition preferring to sit in the National Council. There is no provision for deciding an issue on which the Houses may differ, but differences are neither frequent nor serious, because the Council of States is from its mode of choice practically no more conservative than the larger House. The ultimate control of legislation reserved to the whole people makes this omission unimportant. A member of one House cannot sit in the other also, but may hold any post in the government of a canton, even that of a judge.

Each House has what is called a Bureau, composed of the President and “serutateurs “(four in the National Council, two in the Council of States). They take the divisions, and, with the President, nominate the Committees (called Commissions), unless the House itself does so. These last are appointed pro hac vice, there being no standing Committees.

Members may speak in any one of the three languages, German, French, and Italian, and every public document is published in all three, though nearly all educated Swiss know both German and French, and the Italian members can usually speak the latter tongue.

The normal Swiss member shows just the qualities we associate with the Swiss character. He is solid, shrewd, unemotional, or at any rate indisposed to reveal his emotions. He takes a practical common-sense and what may be called middle-class business view of questions, being less prone than is the German to recur to theoretical first principles or than is the Frenchman to be dazzled by glittering phrases. Yet his way of thinking is, if not more philosophical, rather more systematic and more guided by general principles than is that of the American or English legislator.

“Within this general type a difference may be noted between the German-speaking and the French-speaking Swiss. These latter, who are by race partly Celtic, partly Burgun-dian, though differentiated from the more purely Celtic stock of East Central France through the larger admixture of Teutonic blood and the influence of Teutonic fellow-citizens, 1 still remain swifter-minded, more excitable, more disposed to acclaim and follow a leader than is the Germanic Switzer, yet are therewithal also of a conservative temper, not theorists in their politics. The German-speaking or “Allemannic “Swiss of Eastern and North Central Switzerland consider themselves to differ materially from the South German Swabians north of the Rhine, though this difference need not be ascribed to the fact that there is a good deal of the old Helvetic (Celtic) blood all over Switzerland.

These qualities of the individual have given its peculiar quality to the Swiss national legislature. It has been the most business-like legislative body in the world, doing its work quietly and thinking of little else. Each session lasts from three to five weeks. There are few set debates and still fewer set speeches. Rhetoric is almost unknown; and it is at once a cause and a consequence of this fact that manifestations of dissent or of approval are rarely heard. Speakers are not interrupted and rarely applauded. If after a spirited peroration some cries of “Bravo “are heard, the phenomenon is noted as unusual. Every member has his desk, and though neither of the two halls is so large as to make hearing difficult, many members seem in both to pay little attention to most of the speeches, usually delivered in a quiet conversational tone and with little regard for finish of form. In the National Council members speak standing, in the Council of States from their seats.

There are no official stenographers, and the debates are but scantily reported, even in the leading newspapers, though now and then an important discussion is, by order of the Houses, reported verbatim and published. 2 The alternation of speeches from German to French and back again reduces the vivacity of debate. The German speakers are said to be more long-winded than the French. Excellent order is kept; obstruction is unknown; and divisions are much less frequent than in the British Parliament or in Congress. In fact the proceedings, just because they are so business-like, because rhetoric is not in fashion, and men think rather of what they have to say than of how to say it, would be pronounced dull by a French Parliamentarian. There is in them little of that cut and thrust, that brisk repartee, that personal element of invective and countercharge which adds keenness and pungency to all debates, and in which members of other legislatures find their most constant source of interest.

The very aspect of each House suggests reasons for this. Each hall is semicircular, and members of the same party do not necessarily sit together: indeed they usually sit by cantons. There is no bench for a Ministry nor for an Opposition, since neither exists. The executive officials, those Federal Councillors who will be presently mentioned, have seats on a dais right and left of the President, but, not being members, they are not party leaders. Thus that strife for office and the sweets of office felt as always present in the background of debates in the assemblies of England, France, and other parliamentary countries, finds little place in the Swiss legislature.

Attendance is regular and punctual. A member absenting himself without strong reasons would be deemed neglectful, and unless he furnishes such a reason for non-appearance at roll-call, does not receive payment for the day. The city of Bern, where the legislature meets, presents few counter-attractions of business or pleasure to distract members from their duties; and rarely does it happen that any one is summoned by telegraph to a division.

Elections to the Federal Houses raise, for reasons to be presently stated, little popular excitement, and a member who seeks re-election is usually returned, for there is no great oscillation in the strength of parties, and the Swiss are the least changeful of all democracies, not lightly withdrawing a confidence once given. Neither do they worry their representatives, who might well be envied by French deputies or American Congressmen.

There are few constitutional limitations on the power of the legislature, except of course those that are involved in the very nature of a federation the component parts of which retain legislative power. Such limitations, not thought necessary when the Constitutions of 1848 and 1874 were framed, are deemed even less needed now, because the power of the people can, through the Referendum, be invoked to overrule the legislature. Moreover, just as the small size of the country, the small numbers in the legislative bodies, and the traditionally strict standard of honesty by which politicians are judged, combine to render needless provisions against the abuse of legislative functions for private ends, so public opinion would at once check any attempt by the Councils to extend their powers beyond the limits the Constitution prescribes.

The parties play a role far inferior to that of a party in France or England, because in the executive sphere the Houses cannot displace the Ministers, and in the legislative sphere the Houses have not the last word, since that belongs to the people. In both Chambers accordingly the parties have but a loose organization, for though each has a leader his functions and authority are slender. There are no whips nor any summonses like those which in England are daily issued to members of the party. A general concurrence of opinion upon leading principles suffices to keep each party pretty well together upon the graver issues raised in the Assembly; while upon points which do not involve party principles, a member votes as he pleases. The Constitution declares that the member is not a delegate to be fettered by instructions from his canton or his constituency, and neither colleagues nor constituents complain unless he can be supposed either to have sinister motives or to be practically renouncing the doctrines for which the party stands. When, however, offices have to be conferred by vote of the Houses, it becomes necessary that a party should meet in caucus to agree on the candidate it will support. These are important gatherings, since the seven Federal Councillors chosen every three years, and the twenty-four Federal judges, chosen every six years, are appointed by the two Houses sitting together.

To explain how legislation is cared for, though the duty and function of preparing and proposing it belongs neither to a party leader nor, as in the United States, to the Chairman of a Committee, let it be said that measures coming before the Chambers are of two kinds. Some are administrative, being such as the Executive in the course of its functions finds necessary. These are drafted and submitted by the Federal Council, one or more of whose members attend to explain and recommend them. Others, of wider scope, may be demanded by public opinion, or by the wishes of the dominant party. At the instance of any member a resolution may be passed requesting the Federal Council to address itself to the subject and prepare a Bill. When so drafted, a Bill goes on its way through the Houses, sometimes, if it is complex or if enquiry is needed, being referred to a Committee. Financial Bills are of course in a special sense the business of the Federal Council, which has charge of revenue and expenditure. No difficulty seems to be found in making legislation keep abreast of the wishes and needs of the people. Indeed, it more frequently goes ahead of than falls behind those wishes.

There are in the National Legislature few Bills of the category called “private “or “local “in England and America, partly because these matters largely belong to the cantonal legislatures or to the Communes, partly because nearly all the great railways have been taken over by the Federal Government, and any considerable new railway enterprise would be undertaken by it. Such concessions as remain to be granted, e.g. for those tourist railways up mountains which have wrought such mischief to the scenery of Switzerland, seldom offer a prospect of profits so large as to involve the dangers which the granting of concessions brings in some countries, and against which the British Parliament found it needful to provide by stringent rules. Thus a formidable source of corruption is absent. What has been said above regarding individual politicians may be said of the legislature generally. It is free from even the suspicion of being used for the purposes of private gain. “Lobbying” (if any) is on a small scale. It may be thought that the customs tariff would here, as in the United States, and to a less extent in some European countries, give an opening for the pressure of selfish interests applying sordid inducements. The Swiss tariff was till recently a low one, as compared with those of its great neighbours, and originally a tariff for revenue, since the Federal Government did not then levy direct taxes. Though agriculturists and manufacturers are said to have begun to press demands for higher protective import duties, neither section has as yet done so in an illegitimate way, nor have rich manufacturers made those large contributions to party funds which became a scandal in the United States. Nor could they, seeing that there are no party funds except the trifling sums raised for election expenses.

Had there been between 1874 and 1919 a strong and compact Opposition, instead of three weak Oppositions, only one of which was really keen, proceedings in the Assembly would have been more lively, and the ruling party itself would have been knit more closely together. But the comparatively loose order in which that party was wont to march, and its disposition not to monopolize offices or to try bold experiments, mitigated the criticisms of the three Oppositions. They did not set themselves to hamper the Administration, so the wheels of progress were not clogged as in most parliamentary countries. The habit of considering measures in a non-partisan spirit has been wholesome for the nation, and did much to allay the hotter party strife which went on in a few cantons.

Why did not the dominant party, being so large, break up into sections? Partly because there were few motives of personal ambition leading to the creation of groups following a leader; partly because the existence of a compact, though comparatively small, minority, held together by religious sentiment, made them feel the need for cohesion. In the background there was always standing the recollection of the Sonderbund War. Hence constant vigilance to hold in check any designs the Catholic hierarchy might form.

To-day — I have been speaking so far of Switzerland up to 1920 — one hears it remarked that the intellectual level of the legislature has been declining during the last twenty years, and that public life shows fewer eminent figures. Welti, Kuchonnet, and Numa Droz are cited as instances of leaders who have not left successors of equal mark. If this be so, it may be partly due to the fact that the Swiss, having settled the great constitutional and political questions which occupied them from 1830 till 1874, were living in quieter times not so fit to call out men's powers. Those who succeed a great generation which fought and suffered for high principles usually fall below its moral and intellectual level, as happened in England after 1660, and in Italy when the heroes of the Risorgimento had passed away. Nor is it to be forgotten that in Switzerland, as elsewhere, the development of manufacturing industries and of commerce and finance opened up careers which many men of talent and ambition find more attractive. This is one of the reasons which may be assigned for the decline in legislatures observed in most countries. Apart from this want of brilliance, neither of the two Houses is open to serious criticism. They do their work efficiently; they maintain a good standard of decorum and manners; they retain the respect of the people; they work harmoniously with the Executive.

The Federal Executive

The Federal Council (Bundesrath) is one of the institutions of Switzerland that best deserves study. In no other modern republic is executive power entrusted to a Council instead of to a man, and in no other free country has the working Executive so little to do with party politics. The Council is not a Cabinet, like that of Britain and the countries which have imitated her cabinet system, for it does not lead the Legislature, and is not displaceable thereby. Neither is it independent of the Legislature, like the Executive of the United States and of other republics which have borrowed therefrom the so-called “Presidential system,” and though it has some of the features of both those schemes, it differs from both in having no distinctly partisan character. It stands outside party, is not chosen to do party work, does not determine party policy, yet is not wholly without some party colour.

This interesting and indeed unique institution consists of seven persons, elected by the Federal Assembly for three years. One of the seven is annually chosen by the Federal Assembly to be President of this Council, and another to be Vice-President, and neither may be re-elected to the same post for the following year. Not more than one Councillor can be chosen from any one canton. Custom prescribes that one Councillor shall always come from Bern and another from Zurich; and one is usually chosen from the important French-speaking canton Vaud. One is also, again by custom, taken from a Roman Catholic canton, and (very often) one from the Italian-speaking Ticino. They cannot, during their term of office, sit in either House nor hold any other Federal nor any Cantonal post. To each member an administrative department is allotted, for which he is primarily responsible, but the Council meets constantly as a sort of Cabinet for the discussion of important business; all decisions emanate from it as a whole, as does the elaborate report which it annually presents to the legislature; and it speaks as a whole to foreign Powers. Its members appear, but do not vote, in both branches of the legislature. When business relating to a particular department is being there considered, the Councillor who manages that department attends, answers questions, gives explanations, and joins in debate.

The Councillor chosen President for the year has no more power than his colleagues, and is really only their Chairman. But he bears the title of President of the Confederation (Bundespraesident), is the first citizen of the nation, and represents it on all ceremonial occasions. His salary is 26,500 francs a year, that of each of his colleagues being 25,000 (about £1000, $5000).

Besides its general administrative (including financial) work, the charge of foreign relations and of the army, the Council supervises the conduct of the permanent civil service of the Confederation.

Another most useful function is that, already referred to, of drafting Bills to be brought before the Legislature. When a proposal suggesting legislation for a specified purpose is accepted, the Council prepares a Bill, and it frequently advises either House, at any stage, regarding the form or substance of measures submitted. It has also judicial duties, for since there are not administrative Courts, like those of France or Italy, such cases as arise regarding the behaviour of officials are not within the sphere of the Federal Tribunal, but are dealt with by the Council, subject, as a rule, to an appeal to the Legislature. 1

The Federal Councillors are usually re-elected so long as they desire to serve. Between 1848 and 1919 there was only one exception to this rule, which had a good effect in sustaining friendly personal relations. Though they have been active politicians, they are chosen in respect of their capacity as administrators, not as speakers or tacticians. Since the National Assembly is the school of public business always before the eyes of the country, and in which men can show their ability to their associates, it is usually from among their own members that the Houses select. As there has been always (since 1891) one Catholic, so a Liberal has been frequently chosen, although the majority was Eadical from 1848 till 1919. Eloquence is neither needed nor sought for in a Federal Councillor. It is administrative skill, mental grasp, good sense, tact and temper that recommend a candidate. That selections are well made appears from the practice of re-election. 1

Were it their function to initiate and advocate policy, this continuity would be scarcely possible. Policy, however, belongs to the Assembly; though in practice the Council by its knowledge and experience exerts much influence even on questions of general principle, while details are usually left to it. In foreign affairs it has a pretty free hand, but the scrupulously neutral attitude of the country on these questions has been so plainly prescribed by the geographical position of Switzerland between four great military neighbours that differences of opinion on that subject seldom arose. 2 The bulk of its work is administrative, including not only the management of affairs distinctly Federal, such as the collection and expenditure of national revenue and the management of national undertakings, of which the railways are an important branch, but also a general supervision of the Cantonal Governments in order to secure that Federal law is adequately enforced everywhere. This task, always delicate and sometimes difficult, has been successfully performed because the Assembly supports the Council, and the Council has not only military force at its command, but can also reduce a canton to submission by withholding any subvention due to it from the Federal Treasury.

So important and multifarious is the work performed by the Council that visitors were, before the European War, 1914, surprised to find how small was the official staff attached to the several departments, and how limited the accommodation provided for the Councillors and their secretaries. Even the plainness of the arrangements that existed at Washington fifty years ago did not reach this austere republican simplicity.

A peculiar feature distinguishing this Swiss Executive from any other is that though the Council acts as one body, differences in opinion are permitted and allowed to become known. Its members occasionally speak on opposite sides in the legislature. Such differences rarely cause trouble, because if they turn on points of administration, these are compromised or perhaps settled in accordance either with the opinion of the Councillor in whose sphere the matter lies, or with what seems the wish of the Assembly, while if they touch legislation they are determined by that body. I have nevertheless heard it remarked that the need for compromise where views differ sometimes prevents a question from being dealt with on broad principles.

Not less surprising, to a foreign observer, than these internal relations of the Councillors, occasional dissidence with practically unbroken co-operation, are the relations of the Federal Council to the Assembly. Legally the servant of the Legislature, it exerts in practice almost as much authority as do English, and more than do some French Cabinets, so that it may be said to lead as well as to follow. It is a guide as well as an instrument, and often suggests as well as drafts measures. Nevertheless the Assembly occasionally overrules the Council, reversing its decisions or materially altering its Bills; and this makes no difference to the continuance in office of the Council nor to the confidence it receives, such is the power of usage and tradition in a practical people where public opinion expects every one to subordinate his own feelings to the public good, and where personal ambition has played a smaller part than in any other free country since 1848.

It is sometimes alleged that the influence of party has been visible in the tendency of the majority in the Assembly to support the Federal Council even when it may have gone astray. The Council has no power over that majority, for it cannot, like a British Cabinet, threaten a dissolution; nor has it the indirect control over members which the American Executive may exert by obliging or disobliging members in the matter of appointments, because appointments are few and not lucrative. The suggestion rather is that as the majority has chosen, and is therefore in a sense responsible for, the Federal Council, it feels bound to stand by it, right or wrong. The reluctance, however, to lower the authority of the Executive department by scolding it for a past error of judgment when it has turned into a new and safer path, is a pardonable and (within limits) even a useful tendency. Although a dominant party is usually the better for having a strong Opposition to confront it, there has been seldom any disposition in the Federal Council or the majority of the Assembly, to abuse their respective powers in pressing business through. The existence of the Referendum would anyhow prevent them from using those powers to pass measures against the popular will. But apart from that peculiar institution, one can hardly imagine a majority in Switzerland making itself a tyrant, since nowhere would public opinion more promptly interfere to protect a minority. The disposition to settle differences by arrangement is a noteworthy feature of the country.

In its constitutional position and working the Federal Council has been deemed one of the conspicuous successes of the Swiss system, for it secures three great advantages, specially valuable in a country, governed by the whole people.

It provides a body which is able not only to influence and advise the ruling Assembly without lessening its responsibility to the citizens, but which, because it is non-partisan, can mediate, should need arise, between contending parties, adjusting difficulties and arranging compromises in a spirit of conciliation.

It enables proved administrative talent to be kept in the service of the nation, irrespective of the personal opinions of the Councillors upon the particular issues which may for the moment divide parties, lien opposed to the main principles on which the Assembly desires the government to be conducted could not indeed profitably administer in accordance with those principles, for a total want of sympathy with the laws passed would affect them in applying those laws. But where differences are not fundamental, or do not touch the department a particular Minister deals with, why lose your best servant because he does not agree with you on matters outside the scope of his work? As well change your physician because you differ from him in religion.

It secures continuity in policy and permits traditions to be formed. The weak side of continuity and traditions is the tendency for administration to become “groovy “and so to fall behind new needs and neglect new methods. This is hardly a danger in Switzerland, where ministers are always accessible, and are in constant touch with the Assembly, while it is a real gain to avoid the dislocations which the arrival of new ministers causes, and to save the time lost while they are learning their duties.

To secure these two latter advantages is comparatively easy in countries like the (late) German Empire or Japan, where ministers hold office at the pleasure of the monarch rather than of the Parliament. They are to some extent secured in England and France through the existence of a permanent non-political head of each great branch of the Civil Service, whose experience illumines the darkness of the political minister who brings no previous knowledge, and perhaps nothing but fluent speech or (in former days) family connections, to his new functions. Switzerland is, however, the only democracy which has found a means of keeping its administrators practically out of party politics.

The Federal Judiciary

The Judiciary is in Switzerland a less important part of the machinery of Federal government than it is in the United States or in the Australian Commonwealth, and may therefore be briefly dealt with.

There is only one Federal Tribunal, consisting of fourteen judges appointed by the two Houses of the Legislature sitting together as a National Assembly. The term of office is six years, for in Switzerland democratic doctrine forbids extended grants of power, but the custom of re-electing a judge who has discharged his functions efficiently has established what is practically a life tenure. Though no qualifications are prescribed by law, pains are taken to select men of legal learning and ability, and while political predilections may sometimes be present, it is not alleged that they have injured the quality of the bench, any more than the occasional action of like influences tells on the general confidence felt in England and (as respects the Federal Courts) in the United States in the highest courts of those countries. The salaries, like all others in Switzerland, are low, £600 ($3000) a year, with an additional £40 for the President.

The Tribunal sits at Lausanne, a concession to the sentiment of the French-speaking cantons, since the Legislature has its home at German-speaking Bern. The jurisdiction of the Federal Court is less strictly defined by the Constitution than is the case in America or Australia, for the Legislature has received and used a power to extend it. 1 Originally created to deal with cases to which the Confederation or a canton is a party, its competence has been extended to other classes of suits, and it may be resorted to, by the agreement of litigants, in cases where the sum involved exceeds a prescribed amount. It has criminal jurisdiction, with a jury, in cases of treason or of other offences against Federal law. Its power further extends to certain classes of civil appeals (where the sum involved is of a certain amount) from Cantonal Courts, and also to matters of public law and the rights of citizens under either the Federal or a Cantonal Constitution. There are no inferior Federal Courts, because the bulk of judicial work continues to be discharged by the Cantonal judges, nor has the Tribunal (as in the United States) a staff of its own all over the country to execute judgments, this duty being left to the Federal Council, 2 acting (in practice) through the Cantonal authorities.

In two respects this Swiss Court differs materially from the Federal Judiciary of the United States. Those cases which are in continental Europe called Administrative, i.e. cases in which the application of administrative provisions is involved or in which Government officials are either charged with some fault or are sued by a private person for some alleged wrong, have been reserved for the Federal Council or Federal Assembly, whereas in the United States, as in England, they are dealt with by the ordinary courts. 1 Secondly, the Swiss Tribunal cannot declare any Federal law or part of a law to be invalid as infringing some provision of the Federal Constitution. It may annul a Cantonal law as transgressing either the Federal or a Cantonal Constitution, but the Constitution expressly assigns to the Federal Legislature the right of interpreting both the Federal Constitution itself and all laws passed thereunder, so that it can put its own construction on every law which it has itself passed, without the intervention of any judicial authority to correct it. This principle does not commend itself to American lawyers, who hold that the powers of a legislature canuot go beyond those which the people have by the Constitution conferred upon it, and that there can be no security for the observance of that fundamental instrument if the interpretation of the people's intentions, as therein expressed, is left to be determined by the legislature which has passed a statute alleged to contravene the Constitution, because that would make the violating body the judge in its own case. This view, however, does not prevail in continental Europe, where republican Swiss and French, as well as monarchist German, lawyers have clung to the tradition which subordinates the judiciary to the executive and legislative powers. Two very high Swiss authorities, while admitting the American system to be more logical, observed to me that in Switzerland no harm had resulted, and that the rights of the people could not be seriously infringed, because they can be at any time invoked to protect themselves. If a law of the National Assembly is arraigned as a breach of the Constitution, a demand may be made forthwith under the Referendum for its submission to a popular vote, which will either reject or confirm the law. This remedy is, however, not available as regards those laws which the Assembly has declared to be either “urgent “or “not of general application.” In these the Assembly remains uncontrolled, save by public opinion. Constitutions are in Continental Europe not so strictly interpreted, nor constitutional provisions so carefully distinguished from ordinary laws, as has been the case in America, whose example has in this respect influenced Canada and Australia, but not Switzerland.

It may be added that as the judges of the Federal Tribunal are appointed for six years only, there is an objection to entrusting them with the power of disallowing legislation, which does not exist where, as in the United States National Government, the judges are appointed for life. The American judge is independent; the Swiss judge might conceivably be influenced by the wish to secure his own re-election.

Here let me return to the Cantons to add a few words on their judges.

The Cantonal Judiciary

In the cantons we find (except in the smallest) a Court of Appeals, Courts of First Instance, and Justices of the Peace. All are chosen either by the people voting directly (this of course includes the Landesgemeinde cantons) or by the Cantonal (“Great”) Council, never by the smaller or Executive Council. The salaries arc low, and though the term is short, usually three or four years, the custom of re-election prevails. There has been a controversy over the respective merits of these two modes of choice, some arguing that the Council can form a better judgment on the technical capacity of a candidate, others replying that the people are more likely to be free from personal favouritism or political bias. This assumes what is perhaps generally true in Switzerland, but would not be true in America, that the people will not be guided in their action by party organizations. 1 The persons selected are described as being usually of high character and competent, some cantons requiring evidence of considerable legal attainments. If they are not always erudite, it must be remembered that less value is attached to professional learning and “scientific “law in Switzerland than in such countries as England, France, and America, not only because the bar holds a less important place, but also because the Swiss dislike technicalities and refinements, preferring a rough, simple, “practical,” or, as they say, “popular” ( volksthiimlich ) sort of justice. The inferior courts are expected to decide on the broad merits of the questions that come before them. Arbitration is largely used to avoid litigation. Unsatisfactory as the election of judges by the people for short terms has proved to be in the States of the American Union, it is not considered to work badly in the cantons, where it is argued that the Council might choose no better, that the people, not being influenced by political motives, have no interest except that of finding a trustworthy fellow-citizen to settle their disputes, that the vigilance which a small community exercises provides a safeguard for good conduct, and that there is no single high cantonal official, resembling the Governor in an American State, in whom the power of appointment could be vested with a certainty of making him responsible for its exercise. As an unfortunate choice can be remedied at the next election, displacement by such a method as impeachment has not seemed needful.

The institution of the jury, long prized in English-speaking countries, where it is a natural growth of the soil, is in Switzerland little used in civil cases except for those relating to the press, and in criminal trials for grave offences, but justice is made popular by sometimes appointing non-professional judges and by the practice of associating lay assessors with the regular judge and there are cantons in which it is administered gratis, or where legal advice and assistance are provided for the poor. Zurich tried to reduce the cost of trials by throwing the profession of advocacy open to all the world with no security for legal knowledge, but the experiment failed. 1

The Swiss find no fault with their Cantonal judiciary. It may be, except in cities like Geneva or Basle, less learned than that of Germany, but it serves the everyday needs of the people. Its members are never charged with corruption, if sometimes with favouritism, nor are they below the level of the advocates who appear before them. Where a plaintiff (or a defendant) is a native of the canton where the suit is being tried, and the other party an outsider, the judge is said to be disposed to lean towards the native, because he fears to displease his fellow-citizens of the same canton. (In the United States, where the litigant parties belong to different States, a Federal Court can be resorted to.) The impression left on the observer's mind is that choice by the Great Council is safer than choice by the vote of the citizens, for the popularly elected judge may be influenced, consciously or unconsciously, by the wish to avoid offending a prominent neighbour. Taking purity and promptitude, cheapness and certainty ( i.e. the strict observance of settled principles and rules) to be (apart from judicial honesty) the four chief merits of any judicial system, the results of the Swiss system may be deemed as good as or better than those of England or of the United States as respects the three former of these requisites, although in point of legal science both of the latter may surpass the judges in the Courts of the smaller cantons.