THE SECOND REPUBLIC From the point of view of constitutional law, the Second Re public and the Second Empire were each in a certain sense a return to the past. The former revived the tradition of the Assem blies of the Revolution; the latter was obviously and avowedly an imitation of the consulate and the First Empire.
The provisional govern ment set up by the revolution of Feb. 24, 1848, proclaimed uni versal suffrage, and by this means was elected a Constituent Assembly, which sat till May 1849, and passed the Republican constitution of Nov. 4, 1848. This constitution gave the legislative power to a single permanent assembly, elected by direct universal suffrage, and entirely renewed every three years. The executive authority, with very extensive powers, was given to a president of the Republic, also elected by the universal and direct suffrage of the French citizens. On the other hand, the president was not im mediately eligible for re-election on giving up his office. Now Louis Napoleon, who was elected president on Dec. Io, 1848, by a huge majority, wished to be re-elected. The result was the coup d'etat of Dec. 2, 1851. A detail of some constitutional impor tance is to be noticed in this period. The conseil d'etat, which had remained under the Restoration and the July Monarchy an admin istrative council and the supreme arbiter in administrative trials, acquired new importance under the Second Republic. The ordi nary conseillers d'etat (en service ordinaire) were elected by the Legislative Assembly, and consultation with the conseil d'etat.was often insisted on by the constitution or by law. During its short existence the Second Republic produced many important laws. It abolished the penalty of death for political crimes, and suppressed negro slavery in the colonies. The election of conseillers generaux was thrown open to universal suffrage, and the municipal councils were allowed to elect the maires and their colleagues. The law of March 15, 185o, established the liberty of secondary education, but it conferred certain privileges on the Catholic clergy, a clear sign of the spirit of social conservatism which was the leading motive for its enactment. Certain humanitarian laws were passed, applying to the working classes.
With the coup d'etat of Dec. 2, 1851, began a new era of constitutional plebiscites and disguised abso lutism. The proclamations of Napoleon on Dec. 2 contained a criticism of parliamentary government, and formulated the wish to restore to France the constitutional institutions of the con sulate and the empire, just as she had preserved their civil, ad ministrative and military institutions. Napoleon asked the people for the powers necessary to draw up a constitution on these princi ples; the plebiscite issued in a vast majority of votes in his favour, and the constitution of Jan. 14, 1852, was the result. It bore a strong resemblance to the constitution of the First Empire after 1807. The executive power was conferred on Louis Napoleon for ten years, with the title of president of the Republic and very extended powers. Two assemblies were created. The conservative senate was charged with the task of opposing the promulgation of unconstitutional laws, and of receiving the petitions of citizens; it had also the duty of providing everything not already provided but necessary for the proper working of the constitution. The sec ond assembly was the corps legislatif, elected by direct universal suffrage for six years, which passed the laws, the Government having the initiative in legislation. Its powers were very limited, and it could only discuss and put to the vote amendments ap proved by the conseil d'etat ; the ministers did not in any way come into contact with it and could not be members of it, being responsible only to the head of the State, and only the senate having the right of accusing them before a high court of justice. The conseil d'etat was composed in the same way and had the same authority as it had possessed from the year VIII. to 1814; and it was the members of it who supported projected laws before the corps legislatif. . To this was added a Draconian press legisla tion; press offences were judged not by a jury but by the cor rectional tribunals; and political papers could not be founded without an authorization. They were subject to a regular adminis trative discipline and could be warned, suspended or suppressed without a trial, by a simple act of the administration. The con stitution of Jan. 1852 was still Republican in name, though less so than that of the year VIII. The period corresponding with the consulate was also shorter in the case of Louis Napoleon. The year 1852 had not come to an end before a senates consulte, that of Nov. 10, ratified by a plebiscite, re-established the imperial rank in favour of Napoleon III. (J. P. E.; X.)
