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ment to the Constitution (U. S.).
France-Belgium-Holland, i 6; its north-
eastern boundary, i 7; ethnology of its
population, i 14; political divisions, i
22. (See France.)

France, ethnology of its population, i 22;
psychology, i 263; Constitution, forma-
tion of, i 125-134; begins with the
Carolingian constitution, i 125; the
post-Carolingian State secular, the gov-
ernment monarchic, i 125; feudal dis-
integration of the State, i 126; kingship
more fortunate than in Germany, i 126;
the Crusades relieve it of the aristoc-
racy, i 126; confiscation of Normandy
and Toulouse, i 126; union of King
and bourgeoisie, i 126; checked by the
recklessness of the King, i 126, 127; the
Valois kings break with the Bourgeoisie,
i 127; the Hundred Years' War, i 127;
the Absolute Monarchy, i 127; pre-
serves France from disunion, i 127; the
Revolution (1789), i 128; the National
Assembly the organization of the demo-
cratic State, i 128; Constitution of 1791,
i 128; dethronement and execution of
the King, i 128; the Second Convention,
i 128; the Directory, i 129; Consulate,
i 129; Empire, i 129; Restoration, i 129:
the King the organization of the State,
i 129; Revolution of 1830, i 129; Louis
Philippe, i 130; Revolution of 1848, i
130; the Convention the organization
of the State, i 130; Louis Napoleon
elected President, i 130: reintroduces
the principle of the plébiscite, i 130;
the Second Empire, i 130; the provi-
sory government (1870), i 131; the Bor-
deaux Convention, i 132; the French
State is the people, organized in Con-
stituent Convention, i 133; organiza-
tion of the State in the Constitution,
i 168-173, ii 131; method of amend-
ment, i 168; organization of the French
legislature, i 168, ii 94 ff.; organization
of the National Assembly, i 169, ii 296;
question involved, i 169; power of the
President to dissolve the National As-
sembly, i 171, 172, ii 296; guaranty of in-
dividual liberty, i 180, 181; police power
reaches its highest development there,
i 215; civil liberty statutory and corre-
sponds with that of the United States,
Germany, and England, i 262; since 1789
has been constitutional except under
the Napoleonic government, i 263; the
present Constitution fragmentary, i 263;

characterization of the government, ii
21-27; the ministry is politically re-
sponsible to the Chamber of Deputies,
ii 24; history of the struggle to fix this
responsibility, ii 24-27. Organization of
the Legislature: 1. General principles,
bicameral system with parity of powers,
ii 94; finance measures must come be-
fore the Chamber of Deputies first, ii
94, 297; power of the Senate over
finance measures, ii 94, 128; period
and change of mandate, ii 95; 2. Source
from which the legislature proceeds: A.
Chamber of Deputies, constitutional and
statutory qualifications of electors, ii 95;
time of election, ii 96; B. Senate, ii 96,
112; statutory regulations, ii 96; the
determination of disputed elections, ii
97; resignation of members, ii 97; 3.
Principles of representation, ii 97, 114;
statutory regulations concerning the
Chamber of Deputies, ii 97; concern-
ing the Senate, ii 98; uninstructed rep-
resentation, ii 98; 4. Qualifications of
members, statutory qualifications, ii 98;
disqualifications, ii 99; present ten-
dency, ii 118; determination of eligibility
of members, ii 100; 5. Rights and privi-
leges of members: against arrest, ii 100,
121; right of freedom of speech, ii 101;
statutory right to compensation, ii 101,
119; 6. Assembly, adjournment, etc., ii
IOI, 123, 295; constitutional provisions
concerning assembly, ii 101, 295, 296;
adjournment, ii 102, 295; prorogation,
ii 102, 295; dissolution, ii 102, 296;
7. Principle of the quorum, ii 102 ff.,
124 ff.; 8. Internal organization: each
chamber elects its own officers, ii 103;
has power to make its own rules, ii 103;
limitations of this power, ii 104; power
to punish outsiders for contempt ii 104;
9. Mode of legislation, ii 104; financial
legislation, ii 104; absence of presiden-
tial veto, ii 105; presidential power to
demand reconsideration, ii 105. Powers
of the Legislature: the legislature pos-
sesses all powers not denied to it by
the State, ii 131. Organization of the
Executive: I. Election by electoral col-
lege composed of the members of the
legislature, i 288; reason therefor, ii
311; organization of the college, ii 289;
comparative study, ii 307 ff., 310 ff.;
II. Qualifications, ii 289; III. Term, ii
289; IV. Succession, ii 290; no Vice-
President, ii 290; executive powers tem-
porarily vested in the Council of Min-

isters, ii 290; no provision for a tem-
porary disability, ii 290; V. Privileges:
irresponsibility, ii 290, 292; except in
case of commission of high treason, ii
290 ff., 353. 354. 355; inviolability, ii 291;
comparative study, ii 311 ff.; comparison
with United States, ii 291 ff.; is Grand
Master of the Legion of Honor, ii 292;
protection against insult and libel, ii
292; compensation, ii 292. Powers and
Duties of the Executive: I. Diplomatic,
1. To make defensive war, ii 293; offen-
sive war, with the consent of the legis-
lature, i 293; precedents, ii 293; by
implication, President is commander of
army and navy, ii 294; 2. To send and
receive ambassadors, etc., ii 294; legis-
lative control over the exercise thereof,
ii 294; 3. To negotiate and conclude
treaties, i 294; most treaties require
legislative ratification, ii 295; President
must inform the legislature of his acts,
ii 295; II. In Legislation, 1. To call and
adjourn the legislature, ii 295; 2. Pro-
rogue, 295; 3. Dissolve the Deputy
Chamber, i 296; 4. To propose that
the legislature go into national assem-
bly, ii 296; 5. To initiate legislation, ii
295; 6. May require the legislature to
reconsider a law, ii 297; 7. To promul-
gate the laws, ii 297, 298; III. Powers
in Civil Administration, 1. To execute
the laws, ii 298; 2. To appoint and
dismiss all officials, ii 298; limitations
and qualifications, ii 298; 3. To dispose
of the army and navy to secure the ex-
ecution of the laws, ii 298, 299; 4. To
make necessary ordinances, ii 299; the
possession of this power is doubtful,
ii 299, 300; comparative study, ii 318;
IV. In Judicial Adrainistration, 1. May
convene the Senate as a court, ii 300,
352; 2. May pardon, not amnesty, ii
301; V. Ministers, powers of the Presi-
dent must be exercised through the
ministry, and every act countersigned
by a minister, ii 301; qualifications of
ministers, i 302; have seats in the
Council of State, ii 303; have access to
the legislature, ii 302; are heads of ex-
ecutive departments, ii 302; joint and
several political responsibility, ii 302;
which is enforced by Deputy Chamber
through dismissal, ii 302; this method
works badly in practice, ii 316; indi-
vidual criminal responsibility, ii 303;
responsibility of ministers to Senate
for crimes committed in exercise of

their functions, ii 303, 353. 354; proce-
dure on trial to be regulated by law, ii
304; VI. President presides on great
occasions of State, ii 305; criticism of
the Presidency, ii 305, 306. The Judi-
ciary, is purely statutory, ii 352; the
Senate is a constitutional court, ii 352;
1. Organization, ii 352; 2. Jurisdiction
over the President and ministry, ii 352;
3. Jurisdiction over " Attempts against
the security of the State," ii 354, 363;
4. Jurisdiction is exclusive only for trial
of President, ii 355; comparative study,
ii 360, 363, 364.

Francis II (Emperor), i 3.

Franco-German War (1870-71), i 119,
131.

Frankfort, absorption by Prussia, i 116.
Frankfort Convention of 1848 (G.), i 58.
Frederic I (P.), ii 266, 267, 268.
Frederic II the Great (P.), i 239, ii 37.
Frederic II (Emperor), i 110, III.
Frederic William IV (P.), referred to, i
113, 114.

Freedom of speech and of debate in the
legislature of the United States, ii 54;
Great Britain, ii 71; German Empire, ii
83; France, ii 100; general principles,

ii 122.

Freedom of speech and of the press (U.S.),
i 190.

Fugitives from justice, regulation of re-
turn of (U. S.), ii 158.
Gambetta (F.), i 131, 132.

Garland, Senator (U. S.), position in de-
bate concerning power of Congress to
regulate manner of counting the elec-
toral vote, ii 229.

Glasgow University, representation in
House of Commons (E.), ii 66.
Geographic unity. See Unity.
General warrants (U. S.), i 186.
Germanic State, described by Cæsar and
Tacitus, i 245.

German Empire, as a geographic unity.
i 25; as an ethnologic unity, i 25; lacks
natural boundaries, i 25 (see Teutonic
Race). Constitution, formation of, i 109-
124; goes back to the Carolingian con-
stitution, i 109; the Carolingian Empire
the first political organization, i 109;
Ostfranken, i 109; compact of Mersen
completes its territorial basis, i 109;
constitutional change wrought by dis-
solution of the Empire, i 109, 110; im-
pulse toward federalization, i 10; fed-
eralization completed A.D. 911, i 110,
126; Otto the Great restores the Impe

rial sovereignty, i 110; the quarrel with
the Church removes the theocratic foun-
dation of the Empire, i 110; Frederic
II. recognizes the federal status, i 110,
III; the imperium merely titular, i 111;
Maximilian I. tries to check particular-
ism, i III; the Landfrieden, i III;
Reichskammergericht, i 112; Reichs-
hofrath, i 112; Charles V. tries to restore
the imperium, i 112; Peace of West-
phalia, i 112; its constitutional features,
i 112; Napoleon destroys the Empire, i
113; the Confederation of the Rhine,
i 113; the Congress of Vienna, i 113;
the confederatizing process complete,
i113; Revolution of 1848, i 113; its les-
son, i 113; Prussia must unite Germany,
i 113; Prussia becomes the nucleus of
the national popular state, i 114; pro-
poses a national assembly, i 114; the
Diet unfriendly, i 115; the Diet orders
mobilization of armies of confederated
princes, i 115; the people support Prus-
sia, i 115; Prussia demands demobili-
zation and the summoning of a German
Parliament, i 115; issues a manifesto
to Germany, i 116, 121; the founding
of the North German Confederation,
i 116-118, 120; not joined by the States
south of the Main, i 118; the Zollverein,
i 119; the Franco-German War, i 119;
admission of the South-German States
to the Union, i 119, 120; formal re-
vision of the Constitution, i 120; or-
ganization of the State under the North
German Union and the German Em-
pire, i 120-124; the people the sovereign,
i 123, 124; little advantage in destroying
the old forms, i 134; organization of
the State in the Constitution, i 155-167;
amendments of Constitution are by leg-
islation, i 155; exceptions, i 155; ex-
traordinary majority of Federal Council
necessary, i 156; the Imperial legislature,
i 155, 156; course of legislation, i 155,
156; limitations on general course of
legislation in constitution-making, i 156–
158; organization of the legislature, i
156; specific rights of the various states,
i 157, 158, 160, 163, 253, ii 87, 88, 169,
170, 173, 175, 178, 282, 283, 285, 286; par-
ticularistic interpretation of this clause
of the Constitution, i 159-161; means
whereby the privileged State consents
to a change affecting its specific right,
i 163; criticism of the organization of
the State in the Constitution, i 163-167;
(1) lack of correspondence of the State

back of the Constitution and the State
as organized in the Constitution, i 163,
164; (2) the State as organized in the
Constitution is not wholly sovereign,
i 164, 165; (3) confusion of State with
government, i 165-167; guaranty of
individual liberty, i 178, 179, 253-262;
A. immunities against the general gov-
ernment no express exemption, i 253;
implied are as to: (1) period of mil-
itary service, i 253; (2) subjects of
taxation, i 253; manner of taxation, i
254; (3) freedom of conscience, i 254;
no constitutional judiciary to protect
this domain, i 254, ii 347; the legisla
ture its creator and protector, i 254;
no constitutional civil liberty in Alsace-
Lorraine; B. immunities against the
Commonwealths, i 259; (1) a common
citizenship, not an Imperial citizenship,
i 255 ff.; (2) Intercommonwealth com-
merce, i 256; (3) matters subject to the
exclusive jurisdiction of the Imperial
government: customs, army, navy, for-
eign merchant marine, i 257; every de-
partment of the Imperial government
may be appealed to, to defend these
immunities, i 258; appeal to the Federal
Council, i 258 ff., ii 282; C. suspension
of civil liberty, i 259; Emperor au-
thorized to declare the state of siege,

260 ff., i 286; regulated by law, i
260 ff.; characterization of the govern-
ment, ii 27-32; compared with the gov.
ernment of the U. S., i 29. Organization
of the Legislature. 1. General princi-
ples: bicameral system with parity of
power in the two houses, ii 77; objec-
tions to this statement, ii 77; period
of the mandate in each house, ii 78;
2. Sources from which the legislature
proceeds; A. Diet: qualifications, ii 78;
disqualifications, ii 79; B. Federal
Council: appointment by Common-
wealth governments, ii 79, 111; 3. Prin-
ciples of representation; A. Diet: is
statutory, ii 79; uninstructed, ii 80, 180;
B. Federal Council, ii 80, 114; consti-
tutional, ii 80; has an historical justifi-
cation, ii 80; is instructed, ii 81, 116;
vote by Commonwealths, ii 81; 4. Qual-
ifications for membership: no constitu-
tional provision, ii 81; A. Diet: statu-
tory (Imperial) provisions, constitu-
tional disqualifications, ii 81; statutory
disqualifications, ii 82; B. Federal
Council, qualifications left to the Com-
monwealths, ii 81; constitutional dis-

qualifications, ii 82; 5. Rights and
privileges of members: A. Diet: (a) Ex-
emption from trial or arrest, ii 82, 121;
(b) Freedom of speech, ii 83; (c) Free-
dom from insult, ii 83, 122; compensa-
tion forbidden, in 119; B. Federal Coun-
cil, (a) Freedom from insult, ii 83, 122;
(b) Extra-territoriality, ii 83; (c) Right
to appear in the Diet, ii 83; 6. Assem-
biy, adjournment, etc., ii 84, 123;
Emperor calls, adjourns, and prorogues
both houses, and dissolves the Diet,
ii 84, 278; constitutional limitations
upon power of calling, ii 84, 278; of ad-
journing, ii 85, 278; of dissolving, ii 85,
278; the Federal Council may cause its
own assembly, ii 85, 278; 7. Principle
of the Quorum, ii 85, 124 ff.; 8. Internal
Organization: A. Diet, to determine
election of its members, ii 85; choose
its officers, ii 85; frame its own rules,
ii 86; go into secret session, ii 86;
commit outsider for contempt, ii 86;
B. Federal Council, to pass on the cre-
dentials of its members, ii 349; is pre-
sided over by Chancellor, ii 86; organi-
zation of committees, ii87, 278; residuary
powers, ii 88; 9. Mode of legislation;
(1) Initiation: A. Federal Council, ii
88; B. Diet, ii 89; theory that Empe-
ror may refuse to present resolutions of
Federal Council to Diet, ii 90; (2) Pas-
sage of law, ii 90; Prussian veto over
certain subjects, ii 91, 279; Prussian
preponderance in case of a tie vote,
ii 91, 279; sanction of the law, ii 91;
(3) Promulgation, ii 92, 279 ff.; publi-
cation, ii 93, 279 ff. Powers of the Leg-
islature: 1. Foreign Relations, ii 168;
power to ratify treaties concerning
matters subject to legislation, ii 168,
276; treaty-making powers of Common-
wealths, ii 168; 2. Foreign Commerce,
ii 169; power is concurrent in the
Imperial and Commonwealth govern-
ments, ii 169; exceptions in favor of
Bavaria and Würtemberg, ii 169; 3. In-
ternal Commerce, ii 169 ff.; (a) between
Commonwealths, ii 169; is concurrent,
ii 169; (b) within Commonwealths, ii
170; exemptions of Bavaria and Wür-
temberg, i 170; is concurrent in case
of railway, ii 170; is exclusive in case
of postal and telegraph system, ii 171;
(c) power to restore roads and water-
ways and build railroads, ii 171, 283;
is concurrent, ii 171; (d) power to reg-
ulate system of weights and measures,

174 ff.;

is concurrent, ii 171; 4. Monetary Sys-
tem, ii 171 ff.; power thereover is con-
current, ii 172; 5. In respect to crime,
ii 172; history of the provision, ii 172;
exemption of Bavaria, in 173; power is
concurrent, i 173; 6. Citizenship, ii
173 ff.; power is concurrent, ii 174;
7. Medical and Veterinary Practice,
ii 174 power is concurrent, 174;
8. Revenue and Expenditure,
exclusive power of the imperial legis-
lature to regulate customs and excise
upon specified articles, in 174; exemp-
tion in favor of Bavaria, Würtemberg,
and Baden, ii 175; requisitions upon
the Commonwealths, ii 175; military
dues, ii 175; annual appropriations, ii
176; army appropriations, ii, 276; 9.
Army and Navy, ii 176 ff.; compul-
sory military service, ii 176; extent of
legislative power, ii 177; is exclusive,
ii 178; Commonwealth exemptions, ii
178; 10. Administrative measures, ii
178 ff.; Laband's division of the ordi-
nance power, ii 178; 11. Imperial Ter-
ritory not under the Federal System, ii
180; power is exclusive, ii 180; captures
in war, ii 180; 12. Representation, ii 180;
13. Constitutional conflicts within Com-
monwealths, ii 181; to create and regu-
late the judicial organization, ii 347,
362 ff.; comparison with the legislature
of the United States, ii 182. Organiza-
tion of the Executive: I. Tenure, the
imperium is an office, i 264; belongs to
the King of Prussia, i 264; who can be
deprived thereof only by his own con-
sent or by revolution, i 265; compara-
tive study, 307; II. Law of Succes-
sion, is law of succession to Prussian
crown, ii 265, 268; Prussian royal house
law, ii 266; pactum confraternitatis of
1457, i 266; requires satisfaction by
Prussian legislature, ii 267; possible ef-
fect of changes in Prussian succession
law, ii 267; rule of immediate succes-
sion, ii 267; oath necessary, ii 268; ef-
fect of omission of oath, ii 268; abdi-
cation, ii 268; comparison with English
law of succession, ii 310; III. Regency,
provisions of Prussian Constitution for
assumption of regency by adult agnate
nearest to the Crown, or by the min-
istry, ii 269; majority of King and of
Regent, ii 269; establishment of regency
in case of minority, ii 270; where King
is permanently incapacitated, ii 270, 312;
the legislature the judge of the neces

sity, ii 270; death of the King or Crown
Prince without male issue, leaving a
pregnant widow, ii 271; where the min-
istry takes the initiative, ii 272; oath of
Regent, i 273; termination of the re-
gency, ii 273; privileges of the Regent,
ii 274; the Prussian Regent is Imperial
Regent, ii 274; representation of the Em-
peror, ii 275; IV. Privileges of the Empe-
ror, ii 275; comparative study, ii 311 ff.;
Powers of the Executive: 1. Diplomatic,
ii 276; limitations on the treaty-making
power, ii 276; limitation on the power
of declaring offensive war, ii 276, 277;
II. In Legislation, in calling, adjourn-
ing, proroguing, and dissolving the leg-
islature, ii 278; in the appointment of
committees of the Federal Council, ii
278; no power of initiation or veto, ii
278; actual power over legislation as
King of Prussia, ii 279; furnishes laws
with formula of command and publishes
them, ii 279 ff.; III. In Civil Adminis-
tration, supervises the execution of the
laws by the Commonwealth govern-
ments, ii 281; administers laws in rela-
tion to, I. the collection of taxes, ii 282;
exemptions of certain Commonwealths,
ii 282; 2. postal and telegraphic sys-
tem, ii 282; exemptions, ii 283; 3. fix-
ing railroad tariff in time of distress,
ii 283; exemption of Bavaria, ii 283;
4. government of Alsace-Lorraine, in
283; appoints and dismisses all officers,
ii 284; tenure of judicial officers, in 284,
362; IV. Military Powers, ii 284 ff.;
1. the Emperor is commander of the
Army, ii 285; appointment of officers,
ii 285; Commonwealth exemption, ii
285; 2. of the Navy, ii 281; 3. may es-
tablish fortifications, ii 286; 4. declare
the state of siegc, ii 286; V. The Im-
perial Chancellor must countersign all
civil official acts, and thereby assumes
the responsibility therefor, ii 284, 286,
287; is not responsible to the legisla-
ture, ii 287; may be represented, ii 287;
executes compulsion upon a Common-
wealth on vote of the Bundesrath, ii 351.
Constitution of the Judiciary: the Bun-
desrath the only constitutional court, ii
347; Jurisdiction: 1. To settle political
conflicts between Commonwealths, ii
347;

2. Within Commonwealths by
friendly intermediation, ii 349; 3. May
intercede with a Commonwealth which
denies or delays justice, ii 350; implied
power of supervising the administration

of justice, i 351; 4. Shall determine
when a Commonwealth fails in its du-
ties to the Empire, ii 357; comparative
study, ii 359, 362, 364.

Germany, police power attains its highest
development there, i 215.

Gneist, Professor, on the Cabinet (E.),
ii 210.

God's will interpreted by the State, i 75.
"Good behavior" (U. S.), term defined,
ii 323.

Governor of Commonwealth (U. S.), stat-

utory powers and duties in Presidential
elections, ii 222, 233.

Government, Popular, in the Universal
Empire, i 36, and National State, i 37;
government confounded with State, i
57, 68; explanation thereof, i 68; gov-
ernment and liberty the ultimate end of
the State, i 86; its establishment the
first step out of barbarism, i 86; its
sphere modified in attaining the end of
the State, i 87; government and liberty
the means of the modern State, i 87;
government neither intrudes nor per-
mits intrusion upon the domain of in-
dividual liberty, i 114; the Constitution
of Government, vol. II; Forms, see
Forms of Government, ante.

Grand Jury, indictment by (U. S.), i 187.
Gray, Mr. Justice (U. S.), opinion in Elks
v. Wilkins, i 222 ff.

Great Britain. (See England, British
Isles.) Constitution, regarded as the
historical one, i 91; how distinguished
from others, i 91, 97; dates back to
1832, i 91, 96; three great revolutions
since 1066, i 92; Magna Charta, i 92;
the absolute monarchy, i 93; the Revo-
lution, 1640-1688, i 94; the Reform Bill,
i95; the House of Commons the polit-
ical organization of the state, i 95, 139,
ii 131; the House of Lords a govern-
mental organ, i 95, 96; the House of
Commons the perpetual Constitutional
Convention, i 96, 138; when acting in
that capacity may overcome the resist-
ance of King and Lords, i 97; little ad-
vantage in destroying old forms, i 134;
organization of the state in the Consti-
tution, i 138-141; difficulty of the sub-
ject from the dual character of the
House of Commons, i 138, 139, 140;
correspondence of organization of the
State back of and within the Constitu-
tion, i 139, 140; advantages and disad-
vantages thereof, i 139, 140; guaranties
of individual liberty, i 182, 183; civil

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