*690. The Elections of 1910.*--The first important act of Canalejas was

to persuade the sovereign, as Moret had vainly sought to do, to

dissolve the Cortes, to the end that the Liberal ministry might appeal

to the country. The elections were held May 10. They were of peculiar

interest by reason of the fact that now for the first time there was

put into operation an electoral measure of the recent Maura government

whereby it is required that every candidate for a seat in the lower

chamber shall be placed in nomination by two ex-senators, two

ex-deputies, or three members of the general council of the province.

This regulation had been opposed by the Republicans and by the radical

elements generally on the ground that it put in the hands of the

Government power virtually to dictate candidacies in many electoral

districts, and the results seemed fairly to sustain the charge. May 1,

in accordance with a provision of the law, 120 deputies--upwards of

one-third of the total number to be chosen--were declared elected, by

reason of having no competitors. Of these 70 were Liberals, 39 were

Conservatives, and the remainder belonged to minor groups. In the

districts in which there were contests the Government also won

decisively a few days later, as it did likewise in the senatorial

elections of May 15. The results of the elections, as officially

reported, may be tabulated as follows:

(p. 625)

CONGRESS

OF

DEPUTIES

| Elected indirectly

| by the people, May 15

| |

| | Elected by

| | the corporations,

| | etc., May 15

| | |

| | | SENATE

| | | Total elected

| | | |

| | | | Immovable portion

| | | | of Senate

| | | | |

| | | | | Grand

| | | | | Total

| | | | | |

Liberals 229 92 11 103 70 173

Dissenting Liberals 0 3 0 3 0 3

Conservatives 107 35 7 42 77 119

Republicans 40 3 1 4 0 4

Carlists 9 4 0 4 2 6

Regionalists 8 4 1 5 0 5

Integrists 7 0 0 0 0 0

Independents 5 1 1 2 16 18

Socialists 1 0 0 0 0 0

Catholics 0 5 0 5 8 13

___ ___ ___ ___ ___ ___

406 147 21 168 173[863] 341

[Footnote 863: Some seats vacant.]

*691. Republicanism and Socialism.*--Among other accounts, the elections

of 1910 were notable by reason of the return to the Congress for the

first time of a socialist member. In Madrid, as in other centers of

population, the Government concluded with the Conservatives an

_entente_ calculated to hold in check the rising tide of socialism and

republicanism. Under the stimulus thus afforded the Socialists at last

responded to the overtures which the Republicans had long been making,

and the coalition which resulted was successful in returning to

Parliament the Socialist leader Iglesias, together with an otherwise

all but unbroken contingent of Republicans. In Barcelona and elsewhere

Republican gains were decisive. None the less the Republican forces

continue to be so embarrassed by factional strife as to be not really

formidable. The Socialists, however, exhibit a larger degree of unity.

As in Italy, France, and most European countries, they are growing

both in numbers and in effectiveness of organization. In Spain, as in

Italy, the historic parties which have been accustomed to share

between them the control of the state have, in reality, long since

lost much of the vitality which they once possessed. The terms

"Liberal" and "Conservative" denote even less than once they did

bodies of men standing for recognized political principles, or even

for recognized political policies. The field for the development of

parties which shall take more cognizance of the nation's actual

conditions and be more responsive to its demands seems wide and, on

the whole, not unpromising.[864]

[Footnote 864: On political parties in Spain two

older works are A. Borrego, Organizaciôn de los

Partidos (Madrid, 1855) and El Partido Conservador

(Madrid, 1857). Two valuable books are E. Rodriguez

Solis, Historia del partido republicano español

(Madrid, 1893) and B. M. Andrade y Uribe, Maura und

di Konservativen Partei in Spanien (Karlsruhe,

1912). The subject is sketched excellently to 1898

in Clarke, Modern Spain, Chaps. 14-16. In the

domain of periodical literature may be mentioned A.

Marvaud, Les élections espagnoles de mai 1907, in

_Annales des Sciences Politiques_, July, 1907; C.

David, Les élections espagnoles, in _Questions

Diplomatiques et Coloniales_, May 16, 1907; A.

Marvaud, Un aspect nouveau du Catalanisme, ibid.,

June 16, 1907; La situation politique et financière

de l'Espagne, ibid., Dec. 16, 1908; La rentrée des

Cortes et la situation en Espagne, ibid., June 16,

1910. A well-informed sketch is L. G. Guijarro,

Spain since 1898, in _Yale Review_, May, 1909.]

VII. THE JUDICIARY AND LOCAL GOVERNMENT (p. 626)

*692. Law and Justice.*--The law of Spain is founded upon the Roman law,

the Gothic common law, and, more immediately, the Leyes de Toro, a

national code promulgated by the Cortes of Toro in 1501. By the

constitution it is stipulated that the same codes shall be in

operation throughout all portions of the realm and that in these codes

shall be maintained but one system of law, to be applied in all

ordinary civil and criminal cases in which Spanish subjects shall be

involved. The civil code which is at present in operation was put in

effect throughout the entire kingdom May 1, 1889. The penal code dates

from 1870, but was amended in 1877. The code of civil procedure was

put in operation April 1, 1881, and that of criminal procedure, June

22, 1882. A new commercial code took effect August 22, 1885.

"The power of applying the laws in civil and criminal cases," says the

constitution, "shall belong exclusively to the courts, which shall

exercise no other functions than those of judging and of enforcing

their judgments."[865] What courts shall be established, the

organization of each, its powers, the manner of exercising them, and

the qualifications which its members must possess, are left to be

determined by law. The civil hierarchy to-day comprises tribunals of

four grades: the municipal courts, the courts of first instance, the

courts of appeal, and the Supreme Court at Madrid. The justices of the

peace of the municipal courts are charged with the registration of

births and deaths, the preparation of voting lists, the performance of

civil marriage, and the hearing of petty cases to the end that

conciliation, if possible, may be effected between the litigants. No

civil case may be brought in any higher court until effort shall have

been made to adjust it in a justice's tribunal. In each of the 495

_partidos judiciales_, or judicial districts, of the kingdom is a

court of first instance, empowered to take cognizance of all causes,

both civil and criminal. From these tribunals lies appeal in civil

cases to fifteen _audiencias territoriales_. By a law of April 20,

1888--the measure by which was introduced the use of the jury in (p. 627)

the majority of criminal causes--there were established forty-seven

_audiencias criminales_, one in each province of the kingdom, and

these have become virtually courts of assize, their sessions being

held four times a year. Finally, at Madrid is established a Supreme

Court, modelled on the French Court of Cassation, whose function it is

to decide questions relating to the competence of the inferior

tribunals and to rule on points of law when appeals are carried from

these tribunals. Cases involving matters of administrative law,

decided formerly by the provincial councils and the Council of State,

are disposed of now in the _audiencias_ and in the fourth chamber of

the Supreme Court.[866]

[Footnote 865: Art. 76. Dodd, Modern Constitutions,

II., 213.]

[Footnote 866: G. Marin, La jurisdiction

contentieuse administrative en Espagne, in _Revue

du Droit Public_, Oct.-Dec., 1906.]

Justice is administered in the name of the king. All judgments must be

pronounced in open court, and by the constitution it is guaranteed

specifically that proceedings in criminal matters shall be public. In

every tribunal the state is represented by _abogados fiscales_ (public

prosecutors) and counsel nominated by the crown. Magistrates and

judges, appointed by the crown, may not be removed, suspended, or

transferred, save under circumstances minutely stipulated in the

organic judicial laws. But judges are responsible personally for any

violation of law of which they may be guilty.

*693. Local Government: the Province and the Commune.*--Prior to 1833

the Spanish mainland comprised thirteen provinces, by which were

preserved in a large measure both the nomenclature and the

geographical identity of the ancient kingdoms and principalities from

which the nation was constructed. In the year mentioned the number of

provinces was increased to forty-seven, at which figure it remains at

the present day. The essential agencies of government in the province

are two--the governor and the _diputacion provincial_, or provincial

council. The governor is appointed by the crown and it is his

function, under the direction of the Minister of the Interior, to

represent the central government in the provincial council and in the

general administrative business of the province. The provincial

council is composed of members chosen by the voters of the province,

which means, under the law of June 28, 1890, all male Spaniards of the

age of twenty-five. Under the presidency of the governor the body

meets yearly, and in the intervals between sessions it is represented

by a _commission provinciale_, or provincial committee, elected

annually. The size of the council varies roughly according to the

population of the province.

The smallest governmental unit is the commune, and the number of (p. 628)

communes in the kingdom is approximately 8,000. In each is an

_ayuntamiento_, or council, the members of which, varying in number

from five to thirty-nine, are elected for four years (one-half

retiring biennially) by those residents of the commune who are

qualified to vote for members of the provincial councils. To serve as

the chief executive officer of the municipality the _ayuntamiento_

regularly elects from its own number an _alcalde_, or mayor, although

in the larger towns appointment of the mayor is reserved to the crown.

*694. Principles of Local Control.*--After stipulating that the

organization and powers of the provincial and municipal councils shall

be regulated by law, the constitution lays down certain fundamental

principles to be observed in the enactment of such legislation. These

are (1) the management of the local interests of the province and the

commune shall be left entirely to the respective councils; (2) the

estimates, accounts, and official acts of these bodies shall

invariably be made public; (3) the fiscal powers of the councils shall

be so determined that the financial system of the nation may never be

brought in jeopardy; and (4) in order to prevent the councils from

exceeding their prerogatives to the prejudice of general and

established interests the power of intervention shall be reserved to

the sovereign and, under certain circumstances, to the Cortes.[867]

The theory, carried over from the liberal constitution of 1869, is

that within the spheres marked out for them by law the provinces and

the municipalities are autonomous. And it undoubtedly is true that,

compared with the system in operation prior to 1868, the present

régime represents distinct decentralization. None the less it must be

said that in practice there is ever a tendency on the part of the

central authorities to encroach upon the privileges of the local

governing agencies, and through several years there has been under

consideration a reorganization of the entire administrative system in

the direction of less rather than more liberalism. In 1909 a Local

Administration bill devised by the recent Maura ministry was adopted

by the lower chamber of the Cortes. This measure, which was combatted

with vigor by the Liberal party, proposed to enlarge the fiscal

autonomy of the communes, but at the same time to modify the

provincial and municipal electoral system by the establishment of an

educational qualification, by the admission of corporations to

electoral privileges, and by otherwise lessening the weight of the

vote of the individual citizen. In the Senate the measure met

determined opposition, and as yet its fate is uncertain.[868]

[Footnote 867: Art. 84. Dodd, Modern Constitutions,

II., 215.]

[Footnote 868: J. Gascon y Marin, La réforme du

régime local en Espagne, in _Revue du Droit

Public_, April-June, 1909.]

CHAPTER XXXIV (p. 629)

THE GOVERNMENT OF PORTUGAL

I. A CENTURY OF POLITICAL DEVELOPMENT

*695. The Napoleonic Subjugation and the Constitution of 1820.*--The

government of Portugal at the opening of the nineteenth century was no

less absolute than was that of Spain, The Cortes was extinct, and

although Pombal, chief minister during the period 1750-1777, had

caused all Portuguese subjects to be made eligible to public office

and had introduced numerous economic and administrative reforms,

nothing had been permitted to be done by which the unrestricted

authority of the crown might be impaired. The country was affected but

slightly by the Revolution in France. In 1807, however, it fell prey

to Napoleon and the royal family was obliged to take refuge in the

dependency of Brazil. With the aid of the English the power of the

conqueror was broken in 1808, and through a number of years the

government was administered nominally by a commission designated by

the absentee regent, Dom John, though actually by a British

dictatorship. In 1815 Brazil was raised to the rank of a co-ordinate

kingdom, and from that year until 1822 the official designation of the

state was "the United Kingdom of Portugal, Brazil, and the Algarves."

In 1816 the mad queen Maria I. died and the regent succeeded to the

affiliated thrones as John VI. His original intention was to remain in

America, but in 1820 a general revolt in Portugal culminated in the

calling of a national assembly by which there was framed a

constitution reproducing the essentials of the Spanish instrument of

1812, and by this turn of events the sovereign was impelled, in 1821,

to set sail for the mother country, leaving as regent in Brazil his

son Dom Pedro. Fidelity to the new constitution was pledged perforce,

but the elements of reaction gathered strength swiftly, and before the

close of 1823 the instrument was abrogated. The only tangible result

of the episode was the creation of a constitutional party which

thereafter was able much of the time to keep absolutism upon the

defensive.[869]

[Footnote 869: In the meantime a revolt which was

impending in Brazil at the time of King John's

withdrawal had run its course. September 7, 1822,

the regent Dom Pedro, who freely cast in his lot

with the revolutionists, proclaimed the country's

independence, and some weeks later he was declared

constitutional emperor. Protest from Lisbon was

emphatic, but means of coercing the rebellious

colony were not at hand, and, in 1825, under

constraint of the powers, King John was compelled

to recognize the independence of his transoceanic

dominion.]

*696. The Constitutional Charter of 1826: Miguelist Wars.*--The (p. 630)

death of John VI., March 10, 1826, precipitated a conflict of large

importance in the history of Portuguese constitutionalism. The heir to

the throne was Dom Pedro, Emperor of Brazil, who as sovereign of

Portugal, assumed the title Pedro IV. Having inaugurated his reign by

the grant of a constitutional charter whereby there was introduced a

parliamentary system of government on the pattern of that in operation

in Great Britain, the new king, being unwilling to withdraw from

America, made over the Portuguese throne to his seven-year-old

daughter, Dona Maria da Gloria, with the stipulation that when she

should come of age she should be married to her uncle, Dom Miguel, in

whom meanwhile the regency was to be vested. Amid enthusiasm the

_Carta Constitucional_ was proclaimed at Lisbon, July 31, 1826, and in

August there was established a responsible Liberal ministry under

Saldanha. When, however, in 1828, the regent at length arrived in

Portugal, a clerical and absolutist counter-revolution was found to be

under way, and by the reactionary elements he was received, not as

regent, but as king. By a Cortes of the ancient type, summoned in the

stead of the parliament provided for in the Charter, Dom Miguel was

tendered the crown, which, in violation of all the pledges he had

given, he made haste to accept. That he might vindicate the claims of

his daughter, the Emperor Pedro, in April, 1831, abdicated his

Brazilian throne and, repairing to Portugal, devoted himself

unsparingly to the task of deposing the usurper. The outcome of the

wars which ensued was that in 1834 Dom Miguel was overthrown and

banished perpetually from the kingdom. Until his death, in September

of the same year, Pedro acted as regent for his daughter, and under

his comparatively enlightened rule the Charter of 1826 was restored

and the state was set once more upon the path of reform. Upon his

death the Princess Maria assumed the throne as Maria II.[870]

[Footnote 870: Cambridge Modern History, X., Chap.

10; Lavisse et Rambaud, Histoire Générale, X.,

Chap. 6; H. M. Stephens, Portugal (New York, 1903),

Chap. 18. A general treatise covering the period is

W. Bollaert, The Wars of Succession of Portugal and

Spain from 1821 to 1840 (London, 1870).]

*697. Nominal Constitutionalism, 1834-1853.*--The reign of Queen Maria

(1834-1853) was a period of factional turbulence. There were now three

political groups of principal importance: the Miguelists, representing

the interests of the repudiated absolutist régime; the Chartists, who

advocated the principles of the moderate constitution (that of 1826)

at the time in operation; and the Septembrists,[871] who were (p. 631)

attached rather to the principles of the radical instrument of

1821-1822. By all, save perhaps the Miguelists, the maintenance of a

constitution of some type was regarded as no longer an open question.

In 1836 the Septembrists stimulated a popular rising in consequence of

which the constitution of 1822 was declared again in effect until a

new one should have been devised, and, April 4, 1838, there was

brought forward under Septembrist auspices an instrument in which it

was provided that an elected senate should take the place of the

aristocratic House of Peers for which the Charter provided, and that

elections to the House of Deputies should thenceforth be direct. In

1839, however, a moderate ministry was constituted with Antonio

Bermudo da Costa Cabral as its real, though not its nominal, head, and

by a pronunciamento of February 10, 1842, the Charter was restored to

operation. Costa Cabral (Count of Thomar after 1845) ruled

despotically until May, 1846, when by a combination of Miguelists,

Septembrists, and Chartists he was driven into exile.[872] The

Chartist ministry of Saldanha succeeded. In 1849 it was replaced by a

ministry under the returned Thomar, but by a rising of April 7, 1851,

Thomar was again exiled. At the head of a moderate coalition Saldanha

governed peacefully through the next five years (1851-1856). The

period was marked by two important developments. July 5, 1852, a

so-called "Additional Act" revised the Charter by providing for the

direct election of deputies, the decentralization of the executive,

the creation of representative municipal councils, and the abolition

of capital punishment for political offenses. A second fact of

importance was the amalgamation, in 1852, of the Septembrists and the

Chartists to form the party of Regeneradores, or Regenerators, in

support of the Charter in its new and liberalized form.

[Footnote 871: So called from the _coup d'état_ of

September, 1836, mentioned shortly.]

[Footnote 872: E. Bavoux, Costa Cabral; notes

historiques sur sa carrière et son ministère

(Paris, 1846).]

*698. Party Rivalries: the Rotativos.*--In the constitutional history of

the kingdom the reign of Pedro V. (1853-1861) possesses slight

importance. There was less civil strife than during the preceding

generation, but ministries took office in rapid succession and little

improvement was realized in practical political conditions. The period

covered by the more extended reign of Luiz I. (1861-1889) was of the

same character, save that its later years were given some distinction

by certain developments in the party situation. The death of the old

Chartist leader Saldanha in 1876 was followed, indeed, by the

appearance of a political alignment that was essentially new. Already

the Regeneradores, representing the Chartist-Septembrist coalition (p. 632)

of 1852, had disintegrated, and in 1877 the more radical elements of

the defunct party, known at first as the Historic Left, were

reorganized under the name of the Progressistas, or Progressives. The

new conservative elements, on the other hand, carried on the

traditions and preserved the name of the original Regeneradores. In

the Cortes the Progressistas assumed the position of a Constitutional

Left and the surviving Regeneradores that of a Conservative Right.

Both were monarchical and both were attached to the existing

constitution, differing only in respect to the amendments which they

would have preferred to introduce in that instrument. Of remaining

parties two were of importance, i.e., the Miguelists, representing

still the interests of absolutism, and the Republicans, who first

acquired definite party organization in 1881.

Between 1877 and 1910 the Regeneradores and the Progressistas shared

in rotation the spoils of office with such regularity that the two

acquired popularly the nickname of the _rotativos_. Both were

dominated by professional politicians whose skill in manipulating

popular elections was equalled only by their greed for the spoils of

victory. Successful operation of a parliamentary system presupposes at

least a fairly healthy public opinion. But in Portugal, upwards of

four-fifths of whose inhabitants are illiterate,[873] there has been

no such favoring condition, and the opportunity for the demagogue and

the cacique has been correspondingly tempting. Parties have been

regularly mere cliques and party politics only factional strife.

Throughout the period corruption was abundant and such public feeling

as existed was stifled systematically. Elections were supervised in

every detail by the provincial governors; agents of the Government

were employed to instruct the people in their choice of

representatives; and the voters did habitually precisely what they

were told to do. No one ever expected an election to show results

adverse to the Government. Especially unscrupulous was the manner in

which the preponderating parties obstructed systematically the

election of Republican and Independent deputies. As late as 1906 but

one Republican was returned to the Cortes, although it was a matter of

common knowledge that in many constituencies the party commanded a

clear majority.

[Footnote 873: By official calculation, 78.6 per

cent in 1900.]

*699. The Dictatorship of Franco, 1906-1908.*--From June, 1900, to

October, 1904, the Regeneradores were in power, with Ribeiro as

premier. During this period two national elections, in 1900 and in

1904, yielded the controlling party substantial majorities. From

October, 1904, the Progressive ministry of Luciano de Castro occupied

the field, but in the spring of 1906 there took place a series of

ministerial crises in the course of which Ribeiro returned for a (p. 633)

brief interval to power. The election of April 26, 1906, gave the

Regeneradores 113 seats, the Progressistas 30, and the Republicans 1.

The ministerial changes by which this election was accompanied

prepared the way for the establishment of the régime known in recent

Portuguese history as the _dictadura_, or dictatorship. The new

premier, João Franco, was one of the abler and more conscientious men

in public life. Originally a Regenerator, as early as 1901 he had led

a secession from the party, and in 1903 he had organized definitely a

third party, the Liberal Regenerators, whose avowed end was the

establishment in Portugal of true parliamentarism. In 1906 a "Liberal

Concentration" was effected between Franco's followers and the

Progressistas, led by Castro, and the outcome was the calling, May 19,

1906, of Franco to the premiership. That office he assumed with the

determination to introduce and to carry through an elaborate programme

of sorely needed fiscal and administrative reforms. If possible, his

methods were to be entirely constitutional; if not, as nearly so as

might prove practicable. The Cortes elected April 26 met June 6 and,

being found unpromising, was dissolved. During the campaign which

followed the Regenerador party, to which Franco nominally belonged,

split, the Franquistas, or supporters of the premier, taking the name

of New Regenerators. The returns yielded by the election of August 12

were: New Regenerators, 73 seats; Progressives, 43; Old Regenerators,

23; Republicans, 4; with scattering seats distributed among other

groups.

The sitting of the Cortes which began September 29, 1906, was one of

the stormiest on record. In May, 1907, when the Government seemed on

the point of collapse and it was supposed that Franco would resign,

the indomitable premier effected a _coup d'état_ whereby the ministry

was reconstituted, the Cortes was dissolved, and several important

bills which were pending were proclaimed to have acquired the force of

law. During the ensuing twelvemonth the government was that of a

benevolent but uncompromising dictatorship. Supported by the king, the

army, and a considerable body of partisans, Franco succeeded in

carrying through the major portion of his reform programme. But he was

opposed by the Republicans, by the professional politicians of the

older parties, and by the entire hierarchy of administrative and

judicial officials who shrank from impending investigation. His task

was enhanced tremendously by the growing unpopularity of King Carlos,

and in defense of the sovereign it was found necessary to deprive the

House of Peers of its judicial functions, to replace the district and

municipal councils by commissions named by the crown, and, in short,

to suspend virtually all remaining vestiges of popular government, (p. 634)

as well as the various guarantees of individual liberty.

*700. Restoration of Normal Conditions.*--February 1, 1908, when the

situation bordered on revolution, King Carlos and the crown prince

Louis Philippe were assassinated and the dictatorship of Franco was

brought abruptly to an end. The king's second son, who succeeded under

the title of Manoel II., called together an extraordinary junta of

ministers and party leaders, at whose instigation the imperious

premier resigned and withdrew from the country; whereupon, under the

premiership of Admiral Ferreira do Amaral, there was formed a

coalition ministry, representative of all of the monarchist parties.

The administrative commissions created by Franco were dissolved; the

civil list, concerning which there had been grave controversy, was

reduced; the House of Peers was reconstituted; the election of a new

Cortes was ordered; and parliamentary institutions, suspended for a

year, were revived. The various reforms, on the other hand, for which

the dictator had been responsible were brought likewise to an end. The

election of April 5, attended by grave disorders, yielded the

Government a decisive majority and, April 29, the new sovereign

formally opened the first Cortes of his reign and took oath to support

the constitution. In the Chamber the old balance between the

Regeneradores and the Progressistas reappeared. Of the former there

were 61; of the latter, 59. The Republicans had 7 seats; a group of

"Nationalists," 3; the Independents, 1; and the "Amaralists," detached

supporters of the ministry, 17. Before the end of the year the

Government lost its majority, and December 24 a new coalition cabinet

was made up by Campos Henriques, a former minister of justice.[874]

[Footnote 874: On the political history of Portugal

since the establishment of constitutionalism see

Cambridge Modern History, XI., Chap. 20, XII.,

Chap. 10; and Lavisse et Rambaud, Histoire

Générale, XI., Chap. 9, XII., Chap, 9. A

serviceable general work is J. P. Oliveira Martins,

Historia de Portugal (4th ed., Lisbon, 1901). An

older and more detailed treatise is H. Schaefer,

Geschichte von Portugal (2d ed., Hamburg, 1874),

and a useful survey is R. de Vezeley, Le Portugal

politique (Paris, 1890). For a good brief survey of

Portuguese party politics see A. Marvaud, La crise

en Portugal et les élections d'avril 1908, in

_Annales des Sciences Politiques_, July, 1908.]

II. THE GOVERNMENT OF THE KINGDOM

*701. The Constitution.*--Before speaking of the revolution of 1910, in

consequence of which the monarchy was overthrown and the present

republic was established, it is desirable that brief allusion be made

to the governmental system of the earlier régime. The fundamental law

in operation in 1910 was the _Carta Constitucional_ of 1826, (p. 635)

remodelled and liberalized by numerous amendments. The revision

accomplished by the Additional Act of 1852 has been mentioned. An

amendment of July 24, 1885, provided for the gradual extinction of the

right of hereditary peers to sit in the upper house and for the

representation, in the Deputies, of minorities; while three amendments

of importance during the reign of Carlos I. (1889-1908) were: (1) that

of March 28, 1895, whereby the number of deputies was reduced from 180

to 120 and the qualifications requisite for the exercise of the

suffrage were overhauled; (2) that of September 25 of the same year

whereby the elective portion of the House of Peers was abolished; and

(3) that of August 8, 1901, by which the conditions of election to the

House of Deputies were revised. In its final form the constitution was

an instrument of unusual length, comprising eight "titles" and 145

articles, some of which were very comprehensive.[875]

[Footnote 875: The text of the constitution was

published by the state under the title of Carta

Constitucional da Monarchia Portugueza ... e

Diplomas Correlativos (Lisbon, 1890). An annotated

translation is in Dodd, Modern Constitutions, II.,

145-179. An excellent treatise is J. J. Tavares de

Medeiros, Das Staatsrecht des Königsreichs Portugal

(Freiburg, 1892), in Marquardsen's Handbuch.

Important Portuguese works include L. P. Coimbre,

Estudios sobre a Carta Constitucional de 1814 e

Acto Addicional de 1852 (Lisbon, 1878-1880), and

Coelho da Rocha, Ensaio sobre a Historia do Governo

e da Legislaçao de Portugal.]

*702. The Crown and the Ministry.*--Provision was made for the exercise

of four distinct categories of powers, i.e., executive, moderative,

legislative, and judicial. Of these the first two were lodged in the

sovereign, the third in the sovereign and Cortes conjointly, and the

fourth in tribunals established under provision of the constitution.

The crown was vested permanently in the descendants of Dona Maria II.,

of the House of Braganza, and, in default thereof, in the nearest

collateral line. The succession was regulated on the principle of

primogeniture, with preference to the male line, and during a

sovereign's minority the regency devolved upon the nearest relative,

according to the order of succession, who had attained the age of

twenty-five. Associated with the sovereign was a ministry and a

council of state. The ministry consisted of a premier, usually without

portfolio, and a variable number of heads of departments (in 1910,

seven),[876] and it was a principle of the constitution that, the

crown being legally irresponsible, no executive act might be adjudged

valid unless signed by one or more of the members of the ministerial

group. For all of their acts the ministers were responsible nominally

to the Cortes, although in point of fact the turbulent state of (p. 636)

politics rendered such responsibility nearly impossible to enforce.

The council of state was a body composed of the crown prince (when of

the age of eighteen) and of twelve men appointed by the king for life,

usually from present or past ministers. It was required that the

council be consulted in all affairs of weight and in general measures

of public administration, especially those relating to the declaration

of war, the conclusion of peace, and the conduct of diplomatic

negotiations.[877]

[Footnote 876: Foreign Affairs, Interior, Finance,

Justice and Worship, War, Marine and Colonies, and

Public Works.]

[Footnote 877: Arts. 107-112. Dodd, Modern

Constitutions, II., 168-169.]

Aside from participation in legislation, the powers of the crown

(exercised at least nominally through the intermediary of the

ministers and councillors) were, as has been said, of two categories,

executive and moderative. The powers of an executive character were of

the usual sort, i.e., the appointment of civil, military, and

ecclesiastical officials; the conduct of foreign relations; the

promulgation of the laws, and of decrees, instructions, and

regulations requisite to the proper execution of the laws; the

ordering, not less frequently than quadrennially, of an election of a

new Cortes; and the supervision, in conformity with the constitution,

of "all things which bear upon the internal and external security of

the state."[878] Among modern constitutions those of Portugal and

Brazil are unique in the distinction drawn between powers that are

executive and powers that are "moderative." Under the head of

moderative powers the Portuguese constitution vested in the crown the

nomination of peers, the convening of the Cortes in extraordinary

session, approval of the measures of the Cortes to the end that they

might acquire the force of law, the proroguing and adjourning of the

Cortes and the dissolving of the House of Deputies, the appointing and

dismissing of ministers, the granting of amnesties, and the remitting

or reducing of penalties imposed upon offenders by judicial sentence.

The theory was that these were powers which the sovereign exercised in

the capacity of mediator between the several organs of the

governmental system, and by the constitution it was declared that this

moderative power was the keystone of the entire political

organization. The distinction, however, while from a certain point of

view logical enough, does not appear to have possessed much practical

importance.

[Footnote 878: Arts. 75-77. Ibid., II., 162-164.]

*703. The Cortes.*--Powers of a legislative character were vested in the

sovereign conjointly with a parliament of two chambers, the _Camara

dos Pares_, or House of Peers, and the _Camara dos Deputados_, or

House of Deputies. Collectively, the two houses were known as the

_Cortes Feraes_, or, more briefly, the Cortes. Until 1885 the House of

Peers consisted of members of two classes, those who sat by (p. 637)

hereditary right and those who were nominated by the crown for life.

By the constitutional amendment of July 24, 1885, hereditary peerages

were put in the way of gradual abolition and it was stipulated that

when they should have been extinguished the chamber should be composed

of princes of the royal blood, the archbishops and bishops of Portugal

proper, 100 members appointed by the king for life, and 50 members

elected every new parliament by the lower chamber. By amendment of

September 25, 1895, however, the 50 elective peerages were abolished

and the number of royal appointees was reduced to 90. In 1910,

therefore, the chamber was made up of (1) princes of the royal blood

who had attained the age of twenty-five; (2) surviving peers whose

hereditary right antedated 1885, together with their immediate

successors; (3) the Patriarch of Lisbon and the archbishops and

bishops of the continental territory of the kingdom; and (4) the 90

life peers nominated by the crown. In the nomination of peers the

crown was restricted only by the requirement that members must have

attained the age of forty and must be able to meet a considerable

property qualification.

The House of Deputies, as regulated by the law of August 8, 1901, was

composed of 155 members, of whom 148 represented the 26 electoral

circles of Portugal, the Azores, and Madeira,[879] and 7 represented

the colonies. By amendment of 1885 provision was made for the

representation of minorities, and of the 155 members in 1910, 35 sat

as minority representatives. This result was attained through an

arrangement whereby in circles which elected more than one deputy each

elector voted for one or two fewer than the number of seats to be

filled. Deputies were chosen by direct election, and in the choice all

male citizens twenty-one years of age were entitled to participate,

provided they paid taxes aggregating 500 _reis_ (about 56 cents)

annually or were able to read and write. Convicts, beggars, bankrupts,

domestic servants, workingmen permanently employed by the state, and

soldiers and sailors below the rank of commissioned officer were

disqualified. In point of fact, the prevalence of poverty and of

illiteracy operated to confine the franchise within very narrow

limits. Peers, naturalized aliens, persons not qualified to vote, and

certain employees of the state were ineligible for election, and

deputies were required to possess an income of not less than 400

milreis ($425) annually, or to be graduates of a professional,

secondary, or higher school. After 1892 no deputies, save those

representing the colonies, were paid salaries.

[Footnote 879: The Azores and Madeira are regarded

as integral parts of the nation.]

Sessions of the Cortes were required to be opened by the crown on (p. 638)

the second day of January of each year. According to the amendment of

July 24, 1885, a regular session lasted three months and each Cortes,

unless sooner dissolved, lasted three years. The president and

vice-president of the House of Peers were appointed by the crown;

likewise the corresponding officials of the House of Deputies, from a

list of five nominees presented by that body. Each chamber was

authorized to choose its own secretaries, to pass upon the qualifications

of its members, and to frame its rules of procedure. Except at times

when the welfare of the state demanded secrecy, sessions were required

to be public. To the lower chamber was committed the initiative in all

matters pertaining to taxation, the recruiting of troops, the

investigation of the administrative offices, and the consideration of

propositions submitted by the executive. Upon it, likewise, was

conferred exclusive power to impeach ministers and councillors of

state. The right to initiate measures in general was vested in each of

the two houses, as well as in the Government. Ministers were

privileged to attend legislative sessions and to participate in

debate. It was required that the sovereign should give or refuse his

approval of every measure within a month after it should have been

presented to him.[880]

[Footnote 880: Arts. 45-62. Dodd, Modern

Constitutions, II., 156-159.]

*704. The Judiciary and Local Government.*--The judicial hierarchy

consisted of 193 courts of first instance, one in each of an equal

number of _comarcas_, or districts; three courts of appeal, sitting at

Lisbon, Oporto, and Ponta Delgada (in the Azores); and a Supreme Court

at Lisbon. Judges were appointed by the crown, and were irremovable

save in consequence of judicial sentence. In the trial of criminal

cases the English jury system was in vogue, although it operated but

indifferently. The functions of the Supreme Court were those of

hearing appeals from the inferior tribunals, trying cases involving

judges of the appellate courts and members of the diplomatic corps,

and deciding conflicts of jurisdiction.[881]

[Footnote 881: Arts. 118-131. Ibid., II., 169-171.]

Early in the nineteenth century continental Portugal was divided for

administrative purposes into six provinces, delimited in a large

measure in accordance with the physical configuration of the country.

In 1836 the province ceased to be an administrative unit and, after a

period of readjustment, there was established by law of March 18,

1842, an administrative hierarchy which in its more important aspects

has survived to the present day. Under that measure the realm was

divided into 21 districts (17 continental and 4 insular), 292

_concelhos_, or communes (263 continental and 29 insular), and 3,690

_freguezias_, or parishes (3,788 continental and 172 insular). (p. 639)

Until 1910 the government of the district was vested in a commission

consisting of two members appointed by the central authorities and

three elected triennially by delegates from the communal councils. Of

the two centrally appointed members, one, the governor, presided over

the commission; the other was an administrative auditor. Among the

functions of the commission was that of sitting as an administrative

court. The commune was governed by a mayor, appointed by the central

authorities on nomination of the governor of the district, and a

council of five to fifteen members elected on a single ticket by the

communal voters. The council was presided over, not by the mayor, but

by one of its own members. The governing agencies of the parish were

an elected council (_junta de parochia_), presided over by the parish

priest, and the _regidor_, named by the district governor to represent

the interests of the central government. Throughout the entire system

the preponderating fact was the thoroughgoing centralization which,

through the governors, mayors, and _regadores_, the authorities at

Lisbon were able to maintain.

III. THE REVOLUTION OF 1910

*705. Political Unsettlement, 1908-1910.*--The period of two and a half

years which elapsed between the accession of Manoel II., in February,

1908, and his deposition, in October, 1910, was one of continued

political stress. The sovereign was youthful, inexperienced, and

lacking in political training. His advisers were divided in their

counsels and impelled largely by selfish motives, and in the teeth of

rapidly spreading republican and socialist propaganda the old dynastic

parties kept up unremittingly their unseemly recriminations. In

February, 1909, the king called into consultation the leaders of the

various monarchist groups and sought to impress upon them the

necessity of co-operation, and when the Cortes was convened, March 1,

the Speech from the Throne announced optimistically a programme of

constructive legislation, embracing, among other things, the enactment

of more liberal press laws, a reform of primary education, and a

readjustment of taxation. Within the Cortes, however, it was found

impossible to carry any one of the measures proposed and, March 29,

the Henriquez ministry, after only three months in office, resigned.

During the remainder of the year three successive ministries were set

up: that of General Sebastiano Telles, which lasted only from April 11

until May 4; that of Wencelao de Lima, extending from May 4 to

December 21; and that of Beirao, which continued from December 21 to

early June of the following year. The De Lima cabinet was formed from

elements which stood largely outside the swirl of party politics, (p. 640)

but the Republican and Regenerador opposition was so intense that

nothing could be accomplished by it. The Beirao government by which it

was succeeded was composed entirely of Progressives. The Speech from

the Throne at the convening of the Cortes, January 2, 1910, ignored

completely the grim realities of the political situation. Ostensibly

to afford the Beirao ministry an opportunity to formulate a programme,

the session was adjourned until March 3, at which time the members

reassembled, only to be sent back again to their homes until June 1.

At the second reassembling the ministry was opposed with such

virulence that it at once retired and, after some delay, the

Regeneradors came into power under Teixeira de Sousa. The Cortes was

dissolved and a national election, accompanied by grave disorders, was

held, August 28. At the election the Regeneradors obtained 80 seats,

the Progressives 43, the Republicans 14 (twice as many as they had

ever obtained before), and the Independents 2.[882] The new Cortes

assembled September 23; but two days later it was adjourned until

December 12, and, in point of fact, it never sat again.

[Footnote 882: Ten of the fourteen Republican

deputies were elected in Lisbon. The popular vote

in that city was: Republicans, 15,104; Monarchists

of all parties, 9,108. In 1908 the numbers were

13,074 and 10,982 respectively.]

*706. Overthrow of the Monarchy.*--During many months a plot had been

ripening in Republican circles looking toward the deposition of the

king, the overthrow of the monarchy, and the proclamation of a

republic. By reason of the confusion and repression which prevailed

perennially in Portuguese politics, the actual strength, numerically

and otherwise, of republicanism in the kingdom in 1910 cannot be

known. But it is sufficiently clear that the propaganda of the past

thirty years had borne much fruit and that among the artisan, trader,

and small burgher classes, and especially in the ranks of the army and

the navy, the enemies of the monarchy had come to be numerous and

influential. The leaders of the republican movement represented, on

the whole, the best educated and most progressive elements of the

country--largely lawyers, physicians, journalists and other men of the

professions and of business. In the later summer of 1910 various

intimations of a far-reaching revolutionary plot were received by the

Government and the date (September 14) which was at one time fixed for

the insurrection proved an impracticable one because the authorities

became aware of the project and subverted the republican plans by

ordering the warships on that day to quit the Tagus. Within official

circles it was generally assumed that the revolutionists, balked once,

would return to the project. The crash came, however, at a moment (p. 641)

when the Government was entirely off its guard, and its effects were

unexpectedly summary. The immediate incident by which it was

precipitated was the assassination in Lisbon, October 3, of a

distinguished Republican member of the Cortes, Dr. Miguel Bombarda.

Whether justly or not, the assassination was interpreted by the

populace as a political crime, and to the disaffected elements of the

army and navy the occasion seemed ripe for the execution of the

contemplated _coup_. October 4 open revolt broke out among the

national troops, and during the ensuing forty-eight hours a handful of

soldiers and sailors, aided by armed civilians, acquired the mastery

of the capital, put the king to flight, won over the country to their

cause, and proclaimed the establishment of a republican form of

government. The revolutionists were organized, the royalists were not,

and the defeat of the latter was complete. It was also substantially

bloodless. King Manoel, and the queen-mother Amelia, contriving an

escape from the royal palace, made their way to Eraceira, and thence

to Gibraltar. Subsequently they were conveyed to England.

*707. Measures of the Provisional Government.*--Meanwhile, October 5,

there was established at Lisbon a provisional government composed of

nine ministers and presided over by the scholar and litterateur,

Theophile Braga. The members of this government were drawn principally

from the group of Republican deputies representing the Lisbon

constituencies. A few had held high office under the monarchy, but

most of them, including Braga, were men of little or no experience in

administrative work. The flight of the king and the collapse of the

monarchist cause cleared the way for a speedy establishment of the new

order, and without awaiting a formal remodelling of the constitution,

the Braga government proceeded to carry into execution a number of

features of the Republican programme. October 7 it promised amnesty to

political and press exiles, the revocation of various illiberal press

and judicial laws, the suppression of summary magisterial powers, and

a long list of other administrative and judicial reforms. October 18

it abolished the monarchy and proscribed forever the royal house of

Braganza. On the same day it abolished likewise the Council of State

and the House of Peers, together with all hereditary titles and

privileges. In the course of further measures of reform relating to

public finance, agriculture, education, religion, and social welfare,

it issued a new electoral law and effected arrangements for the

convening of a national assembly to which should be committed the task

of framing a republican constitution. The electoral decree of March

15, 1911, conferred the franchise upon all Portuguese citizens of the

age of twenty-one who under the monarchy were entitled to its

exercise, and upon all, in addition, who were able to read and (p. 642)

write, barring soldiers, bankrupts, and ex-convicts. The two cities,

Lisbon, and Oporto, were created electoral districts in each of which

eight members were to be chosen by _scrutin de liste_ after the

Belgian, or d'Hondt, plan of proportional representation, and the

remainder of the country (including the colonies) was divided into

districts in each of which four members were to be chosen, also with

provision for the representation of minorities.

*708. The Constitution Framed and the Government Organized.*--The

elections to the Constituent Assembly took place May 28, 1911. There

were no monarchist candidates and, there having been neither time nor

occasion for the appearance of serious differences among the

Republicans, the event was attended by little excitement and by no

disorder. In many districts the candidates approved by the Provisional

Government were unopposed. The Assembly was convened June 19. By

unanimous vote of its 192 members the decree by which the monarchy had

been abolished and the Braganza dynasty banished was enacted into law,

whereupon the body addressed itself to the framing of a budget and the

adoption of organic laws relating to the nature and manner of exercise

of the political powers of the republic. A draft of the constitution,

framed by the Republican leaders, was read to the delegates July 3,

and August 18 it was voted, amid general acclamations, almost without

modification. The presidential election was fixed for August 23. Of

the two principal candidates, Dr. Manoel Arriaga represented the more

moderate wing of the Republican element, Dr. Machado Santos (the

provisional president) the more radical. Dr. Arriaga was elected by a

vote of 121 to 86. August 24 the Assembly terminated its proceedings

and the new constitution was put in operation. The first cabinet,

presided over by João Chagas, was announced at the beginning of

September. It was at this point that France, Spain, and a number of

other European powers for the first time recognized officially the

republic's existence. The difficulties encountered by the new

régime--royalist invasions, outbreaks of disaffection, strikes, lack

of funds--were numerous. Not the least serious was the inevitable rise

of differences among the Republicans themselves. During the autumn of

1911 the Moderates split into two rival groups, and the more important

of them, led by Dr. Almeida, definitely withdrew its support from the

Government. The result was a ministerial crisis, and November 7 the

Chagas cabinet resigned. The new "ministry of concentration" formed by

the radical Vasconcellos was composed of eight members divided almost

equally between the Moderates and the Democrats. In more recent days

the lines of party cleavage have tended to be accentuated and the (p. 643)

stability, if not the existence, of the republic to be increasingly

menaced. In June, 1912, a new ministry was constituted under Leite, in

which all of the groups in the lower chamber were represented. There

is reason to apprehend that, in the event of the survival of the

republic, the outcome will be at best but the resuscitation, under

other names and forms, of the long-endured rotativist régime.

IV. THE CONSTITUTION OF 1911

*709. Constitutional Guarantees: Amendment.*--Aside from five articles

of a temporary nature, the constitution of 1911 is arranged in

eighty-two articles, grouped in seven "titles" or divisions. The two

divisions of principal length are those which relate to the rights and

liberties of the individual and the organs and exercise of sovereign

power. The guarantees extended the individual comprise a bill of

rights hardly paralleled in comprehensiveness among the constitutions

of European nations. To Portuguese citizens and to aliens resident in

the country are pledged full liberty of conscience, freedom of speech,

freedom of the press, liberty of association, inviolability of

domicile and of property, the privilege of the writ of habeas corpus,

privacy of correspondence, and freedom of employment and of trade save

only when restriction is required for the public good. Law is declared

to be uniform for all and no public privilege may be enjoyed by reason

of birth or title. No one may be required to pay a tax which has not

been levied by the legislative chambers or by an administrative

authority specifically qualified by law, and, save in case of

enumerated offenses of serious import, no one may be imprisoned except

upon accusation according to the forms of law. No one may be compelled

to perform an act, or to refrain from the performance of an act,

except by warrant of law.

The constitution is subject to amendment under regulations of a

somewhat curious character. Revision of the fundamental law may be

undertaken normally by Congress at the end of every decennial period,

the Congress whose mandate coincides with the period of revision being

endowed automatically with constituent powers and the process of

revision differing in no respect from that of ordinary legislation. At

the end of a five-year period from the date of promulgation, however,

amendment may be undertaken, providing two-thirds of the members of

the chambers sitting jointly vote favorably. Under all circumstances

amendments must be specific rather than general, and in no case may an

amendment be received or debated which has for its object the

abolition of the republican form of government.

*710. The President and the Ministry.*--Sovereignty is lodged in (p. 644)

the nation, and the organs of the sovereign will are the independent

but supposedly harmonious executive, legislative, and judicial

authorities. The powers of the executive are exercised by the

President and the ministers. The President is chosen by the two houses

of Congress assembled in joint session sixty days prior to the

expiration of the presidential term. Voting is by secret ballot and a

two-thirds majority is required for election, although in default of

such a majority choice is made on the third ballot by simple plurality

between the two candidates receiving the largest number of votes. If

the office falls vacant unexpectedly the chambers choose in the same

manner a president to complete the unexpired term. The term is four

years, and after retiring from office an ex-president may not be

re-elected for a full term prior to the lapse of four more years. Only

native Portuguese citizens at least thirty-five years of age are

eligible. Without the permission of Congress the President may not

absent himself from the national territory, and he may be removed from

office by the vote of two-thirds of the members of the chambers

sitting jointly. The duties of the President are, among other things,

to negotiate treaties and to represent the nation in its external

relations generally, to appoint and dismiss the ministers and public

officials, to summon the Congress in extraordinary session, to

promulgate the laws of Congress, together with the instructions and

regulations necessary for their enforcement, and to remit and commute

penalties. If two-thirds of the members of the chambers so request,

projected treaties of alliance must be laid before Congress, and the

appointment and suspension of public officials may be effected only on

proposal of the ministers. Every act of the President must be

countersigned by at least one minister, and every minister is

responsible politically and legally for all acts which he countersigns

or executes. One member of the ministerial group, designated by the

President, exercises the functions of premier. Ministers may be

members of Congress, and in any case they are privileged to appear in

the chambers to defend their acts. Among offenses for which ministers

may be held to account in the ordinary tribunals the constitution

specifies all acts which tend to subvert the independence of the

nation, the inviolability of the constitution and of the republican

form of government, the political and legal rights of the individual,

the internal peace of the country, or the probity of administrative

procedure. The penalty imposed for guilt in respect to any of these

offenses is removal from office and disqualification to hold office

thereafter.[883]

[Footnote 883: Provisions relating to the executive

are contained in Arts. 36-55.]

*711. Congress.*--The exercise of legislative power is vested (p. 645)

exclusively in Congress. There are two houses, the Council of

Municipalities, or senate, and the National Council, or chamber of

deputies. The members of both are chosen by direct vote of the people.

Senators are elected for six years, one-half of the body retiring

triennially. Each district returns three members, but to assure the

representation of minorities electors are permitted to vote for but

two. Members of the Chamber of Deputies are chosen for three years.

Senators must be at least thirty-five years of age and deputies

twenty-five. Congress is required to meet in regular session each year

on the second day of December. The period of a session is four months,

and a prorogation or an adjournment may be ordered only by the

chambers themselves. Extraordinary sessions may be convoked by

one-fourth of the members or by the President. Each chamber is

authorized to judge the qualifications of its members, to choose its

president and other officers, and to fix its rules of procedure. The

presiding official at joint sessions is the elder of the two

presidents. Members are accorded the usual privileges of speech and

immunities from judicial process, and they are guaranteed compensation

at rates to be regulated by law.

The functions and powers of the chambers are enumerated in much

detail. Most important among them is the enactment, interpretation,

suspension, and abrogation of all laws of the republic. Still more

comprehensive is the power to supervise the operation of the

constitution and of the laws and "to promote the general welfare of

the nation." More specifically, the chambers are authorized to levy

taxes, vote expenditures, contract loans, provide for the national

defense, create public offices, fix salaries, regulate tariffs, coin

money, establish standards of weights and measures, emit bills of

credit, organize the judiciary, control the administration of national

property, approve regulations devised for the enforcement of the laws,

and elect the President of the republic. To the Chamber of Deputies is

accorded the right to initiate all measures relating to taxes, the

organization of the forces on land and on sea, the revision of the

constitution, the prorogation or adjournment of legislative sessions,

the discussion of proposals made by the President, and the bringing of

actions against members of the executive department. Initiative in

respect to all other matters may be taken by any member of either

branch of Congress or by the President of the republic. A measure

which is adopted by a majority vote in each of the two houses is

transmitted to the President to be promulgated as law. The President

possesses not a shred of veto power. He is required to promulgate

within fifteen days any measure duly enacted; if he fails to do so,

the measure takes effect none the less. When the chambers fall into

disagreement regarding proposed changes in a bill, or when one (p. 646)

chamber rejects a bill outright, the subject is debated and a decision

is reached in joint session.

*712. The Judiciary and Local Government.*--The organs of judicial

administration comprise courts of first instance, courts of appeal,

and a supreme tribunal sitting at the capital. Judges are appointed

for life, but may be removed from office in accordance with procedure

to be established by law. The employment of the jury is optional with

the parties in civil cases but obligatory in all criminal cases of

serious import. With respect to local government the constitution goes

no further than to lay down certain general principles and to enjoin

that the actual working arrangements be regulated by subsequent

legislation. Among the principles enumerated are the immunity of the

local authorities from intervention on the part of the central

executive power, the revision of the acts of the public officials in

administrative tribunals, the fiscal independence of the local

governmental units, and, finally, the employment for local purposes of

both proportional representation and the referendum.[884]

[Footnote 884: A French translation of the

Portuguese constitution of 1911 will be found in

_Revue du Droit Public_, Oct.-Dec, 1911. Various

aspects of the revolution of 1910 and of subsequent

developments are discussed in E. J. Dillon,

Republican Portugal, in _Contemporary Review_,

Nov., 1910; R. Recouly, La république en Portugal,

in _Revue Politique et Parlementaire_, Nov. 10,

1910; W. Archer, The Portuguese Republic, in

_Fortnightly Review_, Feb., 1911; and A. Marvaud,

Les débuts de la république portugaise, in _Annales

des Sciences Politiques_, March-April and May-June,

1911. The subject is covered briefly in V. de B.

Cunha, Eight Centuries of Portuguese Monarchy

(London, 1911), and A. Marvaud, Le Portugal et ses

colonies; étude politique et économique (Paris,

1912).]

INDEX (p. 647)

_Abgeordnetenhaus._ See Prussia and Austria.

Administration, development in Great Britain, 176-179;

present system, 180-191;

development of Prussian system, 265-273;

in France under Old Régime, 341-342;

during Revolutionary and Napoleonic era, 342-343;

present system, 345-351;

in Italy, 383-385;

in Austria, 485-488;

in Hungary, 506-507;

in Holland, 532-533;

in Belgium, 550-551;

in Denmark, 569;

in Norway, 588;

in Sweden, 601;

in Spain, 627-628;

in Portugal, 638-639, 646.

Alsace-Lorraine, original organization, 282;

the Landesausschuss, 283;

movement for autonomy, 284;

bill of 1910, 285;

present governmental system, 286-287.

_Ausgleich_. See Austria-Hungary.

Austria:--

--_Abgeordnetenhaus_, composition, 466;

electoral system to 1873, 466-467;

Taaffe bill of 1893, 467-468;

electoral law of 1896, 468;

electoral law of 1907, 469-471;

electoral qualifications and procedure, 471-472;

sessions and procedure, 472-473;

powers, 473-474.

--Administration, of province, 485-487;

of commune, 487-488.

--Amendment, of constitution, 461.

--_Ausgleich_, established, 458-459;

and political parties, 475-476;

nature, 509.

--Babenbergs, 442.

--Badeni, electoral bill, 468;

ministry, 479.

--Beck, carries electoral reform, 469-470.

--Bienerth, ministry, 482.

--Bohemia, language question in, 480.

--Charles V., 443.

--Christian Socialist Party, 483.

--Citizens, rights of, 462.

--Civil list, 464.

--Commune, organization, 487-488.

--Constitution, promulgated in 1848, 454;

abrogated, 455;

experiments of 1860-1861, 456-457;

texts, 460;

style of government, 460-461;

amendment, 461.

--Courts, ordinary, 483-484;

administrative, 484-485.

--Crown. See Emperor.

--Diet, provision for in constitution of 1848, 454.

--Diploma of 1860, 456.

--Elections, original system, 466;

law of 1873, 467;

Taaffe bill of 1893, 467-468;

law of 1896, 468;

law of 1907, 469-471;

qualifications and procedure, 471-472;

of 1901, 481;

of 1907, 481-482;

of 1911, 482-483.

--Emperor, status, 463;

powers, 464;

relation with ministries, 464.

--Franchise, law of 1873, 467;

Taaffe bill of 1893, 467-468;

law of 1896, 468;

law of 1907, 469-471;

present system, 471-472.

--Francis I., proclaimed emperor of Austria, 445.

--Francis Joseph I., accession, 455;

constitutional projects, 456-457;

and Compromise of 1867, 459;

encourages electoral reform, 469.

--Gautsch, promises electoral reform, 469;

ministries, 480-481.

--German Liberal Party, rise, 476;

rule, 476-477;

in the opposition, 477-478;

return to power, 478-479.

--Germans, in Empire, 475.

--Hapsburgs, 442.

--_Herrenhaus_, composition, 465;

organization and powers, 466;

sessions and procedure, 472-473.

--House of Lords. See _Herrenhaus_.

--House of Representatives. See _Abgeordnetenhaus_.

--Hungary, establishment of power in, 443;

encroachment in, 449-450;

suppression of revolution in, 455-456;

constitutional experiments with, 457-458;

_Ausgleich_ established, 458-459.

--Italians, in Empire, 475.

--Joseph II., reforms, 444.

--Judiciary. See Courts.

--Karlowitz, Peace of, 443, 448.

--Körber, ministry, 480-481.

--_Landesausschuss_, 485.

--_Landtag_, of province, 485-487.

--Maria Theresa, development of autocracy under, 444.

--Metternich, policies, 450-451;

combats liberalism, 452;

fall, 453.

--Ministry, composition, 464;

responsibility, 464-465.

--Parliament, composition, 465-466;

electoral system, 466-472;

sessions and procedure, 472-473;

powers, 473-474.

--Parliamentarism, nature of, 464-465;

nadir of, 480-481.

--Parties, centralism and federalism, 475-476;

rule of German Liberals, 476-477;

during Taaffe ministry, 477-478;

return of German Liberals to power, 478-479;

and parliamentary deadlock, 480-481;

and elections of 1907 and 1911, 481-483.

--Patent of 1861, 457.

--Plural Vote, under law of 1896, 468.

--Pragmatic Sanction, promulgated, 499.

--Province, executive officials, 485;

_Landtag_, 485-487.

--Race, political significance of, 470, 474-475, 479-480.

--_Reichsgericht_, 484.

--_Reichsrath_. See _Herrenhaus_ and _Abgeordnetenhaus_.

--Revolution of 1848, constitutionalism established, 454;

reaction, 455-456.

--Russia, intervenes in Austria, 455.

--Slavs, in Empire, 475.

--Social Democratic Party, demands for electoral reform, 469-470;

victory in 1911, 483.

--Succession, rules of, 449, 463.

--Taaffe, electoral bill of 1893, 467-468;

ministry, 477-478.

--Universal Suffrage Law, adoption, 469-470;

racial and geographical distribution of seats, 470;

electoral qualifications and procedure, 471-472.

--Vienna, Congress of, rôle of Austria in, 450.

--_Vorsteher_, 487.

Austria-Hungary (see also Austria and Hungary):--

--_Ausgleich_ established, 458-459;

nature, 509.

--Bosnia, annexation, 514;

constitution, 515;

governmental system, 515-516;

electoral arrangements, 516.

--Contributions. See Finances.

--Delegations, composition and sessions, 513;

powers, 513-514.

--Emperor, status, 510.

--Finance, ministry of, 511;

arrangements concerning, 512.

--Foreign Affairs, ministry of, 510.

--Herzegovina, annexation, 514;

constitution, 515;

government and electoral system, 515-516.

--King. See Emperor.

--Ministry, of foreign affairs, 510;

of war, 511;

of finance, 511.

--War, ministry of, 511.

Baden, granted a constitution, 197;

special privileges, 208;

governmental system, 279.

Bavaria, made a kingdom, 194;

granted a constitution, 197;

special privileges, 208;

governmental system, 275-276.

Belgium:--

--Administration, organization of province, 550-551;

organization of commune, 551.

--Amendment, process, 535.

--_Arrondissement_, electoral unit, 543-545;

judicial unit, 549.

--Austrian Netherlands, annexed to France, 517-518;

incorporated in United Netherlands, 519.

--Catholic Party, and electoral reform, 540-541;

and proportional representation, 542-543;

and elections of 1906-1910, 545-546;

triumph in 1912, 546-547.

--Commune, organization, 551.

--Conservative Party, and electoral reform, 540-541.

--Constitution, of 1815, 519-520;

of 1831 promulgated, 534;

democratic character, 534-535;

amendment, 535.

--Council, of province, 550.

--Court of Cassation, 549.

--Courts, organization and functions, 549-550.

--Crown, status and privileges, 536;

relation with ministry, 536-537;

powers, 537-538.

--Elections, earlier arrangements, 539-540;

law of 1893, 540-541;

franchise to-day, 541-542;

adoption of proportional representation, 543-545;

of 1906-1910, 545-546;

of 1912, 546-547.

--Franchise, prior to 1893, 539-540;

law of 1893, 540-541;

system to-day, 541-542;

demand for further reform, 547-548.

--Holland, separation from, 520-521.

--House of Representatives, composition, 539;

earlier electoral arrangements, 539-540;

electoral law of 1893, 540-541;

franchise to-day, 541-542;

organization and procedure, 548-549.

--Independence, declared, 520;

recognized, 521.

--Jury, use of, 550.

--Leopold I., crowned king, 521.

--Liberal Party, and electoral reform, 540-541;

favors proportional representation, 543;

opposition to plural vote, 547.

--Ministry, composition, 536;

responsibility, 536-537.

--Parliament, composition and election of senators, 538-539;

composition of House of Representatives, 539;

electoral system, 539-542;

proportional representation, 543-545;

organization and procedure of chambers, 548-549.

--Parliamentarism, 536-537.

--Plural Vote, 541-542;

opposition of Liberals and Socialists, 547-548;

in province, 551.

--Proportional Representation, adopted, 543;

operation, 543-545.

--Province, organization, 550-551.

--Revolution of 1830, 520-521.

--Senate, composition and election, 538;

qualifications, 539;

organization, and procedure, 548-549.

--Socialists, lead movement for electoral reform, 540-541;

favor proportional representation, 543;

opposition to plural vote, 547-548.

Bismark, Otto von, and establishment of German Empire, 199-201;

attitude toward socialism, 231;

reform of Prussian local government, 266-267.

Bosnia. See Austria-Hungary.

_Bundesrath_. See Germany and Switzerland.

Cabinet. See England.

Canton, of France, 343, 348;

of Switzerland, 409-422.

Chamber of Deputies. See France, Italy, Hungary.

Civil List, in Great Britain, 51-52;

of king of Prussia, 253;

of king of Italy, 368.

Committees, in English Parliament, 123-137;

in Bundesrath, 220;

in Reichstag, 226;

in Prussian Landtag, 264;

in French Parliament, 325-327.

Commune, in Prussia, 272-273;

antiquity in France, 348;

organization, 344-351;

in Italy, 385;

in Switzerland, 422;

in Austria, 487-488;

in Holland, 533;

in Belgium, 551;

in Norway, 588;

in Spain, 627;

in Portugal, 638-639.

Congress. See Portugal.

Congress of Deputies. See Spain.

Constitution, development of English, 2-41;

nature of English, 41-47;

of German Confederation of 1815, 194-196;

of German Empire, 202-204;

of Prussia, 250-252;

succession in France from 1791, 290-300;

of Third Republic, 304-306;

succession in Italy, 354-361;

of Italy to-day, 360-367;

of Switzerland, 410-416, 431-432;

of Austria, 456-461;

of Hungary, 446-448, 489-490;

of Holland, 519-523;

of Belgium, 534-535;

of Denmark, 557-559;

of Norway, 574, 578-579;

of Sweden, 589;

succession in Spain, 604-608;

of Spain to-day, 611-612;

of Portuguese republic, 642-643.

Cortes. See Spain and Portugal.

County, English, 171-184.

Courts, in England, 171-175;

in Germany, 243-244;

in France, 337-341;

in Italy, 381-383;

in Austria, 483-485;

in Holland, 531-532;

in Belgium, 549-550;

in Denmark, 568-569;

in Norway, 587-588;

in Spain, 626-627;

in Portugal, 638, 646.

Croatia, government, 507-508.

Crown, in Great Britain, 48-59;

in German Empire, 210-214;

in Prussia, 252;

in Italy, 368-370;

in Austria, 463-464;

in Hungary, 491;

in Holland, 523-525;

in Denmark, 554-561;

in Norway, 578-585;

in Sweden, 570-571, 590-591;

in Spain, 613-615;

in Portugal, 635-636.

Delegations. See Austria-Hungary.

Denmark:--

--Administration, 569.

--Christensen, ministry, 566-567.

--Christian VIII., and reform, 556-567.

--Christian IX., yields to parliamentary principle, 562.

--Conservative Party, resists parliamentary principle, 560-562;

dominance, 565-566.

--Constitution, of 1848, 557;

of 1849 promulgated, 557;

revised in 1866, 558-559;

process of amendment, 559.

--Courts, general principles, 568;

organization, 568-569;

act of 1908, 569.

--Crown, development, 554-555;

opposition to reform, 556;

status, 559;

powers, 560;

relations with ministry, 560-561.

--Diet, of provinces, 556.

--Elections, present system, 563;

projected reform, 564;

of 1906, 567;

of 1910, 567-568.

--Estrup, ministry, 561-562, 565-566.

--Franchise, present system, 563;

movement for reform, 564.

--Frederick VI., creates diets, 556.

--_Folkething_, composition, 563;

elections, 563-564;

sessions and powers, 564-565.

--_Höjesteret_, 568.

--Holstein, 558.

--Judiciary. See Courts.

--Kalmar, union of, 553.

--Kiel, treaty of, 554.

--King. See Crown.

--_Kongelov_, 555, 557.

--_Landsthing_, composition, 562;

qualifications, 563;

sessions and powers, 564-565.

--Lauenburg, 558.

--Liberal Party, pressure for parliamentary system, 560-562;

advent to power, 566.

--Malmö, treaty of, 553.

--Ministry, composition, 560-561;

responsibility, 561-562;

of Estrup, 561-562, 565-566;

recent instability, 567-568.

--Norway, united with, 553;

separated from, 554.

--Parliament. See _Rigsdag_.

--Parliamentarism, 560-562.

--Parties, rise, 565;

during Estrup's ministry, 565-566;

advent of Liberals to power, 566;

since 1903, 566-568.

--Proportional Representation, in election of senators, 563.

--Radical Party, 567-568.

--Revolution of 1660, 554-555.

--_Rigsdag_, composition, 562-563;

electoral system, 563-564;

sessions and power, 564-565.

--_Rigsrad_, 554.

--Schleswig, 558.

--Social Democratic Party, 567-568.

Elections, of British House of Commons, 92-96;

of _Reichstag_, 224-225;

of Prussian _Abgeordnetenhaus_, 258-263;

under Revolutionary and Napoleonic constitutions, 293-294;

present system in France, 318-322;

in Italy, 376-378, 400-402;

in Switzerland, 423, 426-428, 435-437;

in Austria, 466-483;

in Holland, 526-530;

in Belgium, 539-547;

in Denmark, 563-568;

in Norway, 581-582, 587;

in Sweden, 592-596, 600;

in Spain, 617-618, 624-625;

in Portugal, 633-642.

England:--

--Act of Settlement (1701), 49.

--Administration. See Local Government.

--Admiralty Board, 62.

--Asquith, H., resolutions for reform of Lords, 108.

--Attainder, 130.

--Bill of Rights, 32.

--Borough, in fifteenth century, 23;

franchise before 1832, 79;

franchise extended in 1832 and 1867, 82-84;

redistribution of parliamentary seats, 85;

organization before 1832, 177-178;

reform by Municipal Corporations Act, 178;

kinds, 187;

authorities, 188;

council and its functions, 189.

--Budget, preparation, 136.

--Cabinet, origins, 37-38;

relations with Privy Council, 60;

relations with ministry, 61;

composition, 64;

size, 65;

selection of premier, 66;

selection of other members, 67-68;

political solidarity, 69;

responsibility, 70;

proceedings, 71-73;

central position, 74.

--Campbell-Bannerman, Liberal leader, 154;

premier, 157.

--Chamberlain, Joseph, and the Liberal Unionists, 151;

tariff reform programme, 155.

--Chancery, Court of, 17, 174.

--Charles I., parliaments of, 28.

--Charles II., restoration, 31;

rise of cabinet, 37.

--Chartists, 82-83.

--Civil List, 51-52.

--Committees, kinds, 123;

of whole, 123;

select and sessional, 124;

standing, 124-125;

procedure on public bills, 133-134;

on money bills, 135-136;

on private bills, 137.

--Common Law, 167-168.

--Common Pleas, Court of, 17, 174.

--Commonwealth, 29.

--_Commune Concilium_, 7.

--Conservative Party, origin of name, 147;

mid-century ministries, 148-150;

Salisbury ministries, 151-153;

defeat in 1906, 157;

signification of nomenclature, 162;

present-day issues, 163;

composition, 164.

--Constitution, Anglo-Saxon foundations, 2-5;

influenced by Norman Conquest, 6-8;

in the Tudor period, 18-26;

in the Stuart period, 26-33;

elements of stability and change, 34;

development since seventeenth century, 34-41;

elusiveness, 41;

law and conventions, 42-43;

flexibility and amendment, 44-47.

--Conventions, in English constitution, 43.

--Corn Laws, repeal, 147.

--Corrupt and Illegal Practices Act, 95-96.

--County, franchise before 1832, 79;

franchise broadened in 1832, 82;

franchise liberalized in 1867 and 1884, 84;

court of, 171;

organization before 1832, 176-177;

reform by Local Government Act of 1888, 180;

present administrative organization, 183;

council and its functions, 183-184.

--Court of Appeals, 174.

--Courts, beginnings of great tribunals, 17;

county, 171;

justices of the peace, 171-172;

High Court, 173;

Court of Appeals, 174;

House of Lords, 130;

Judicial Committee of Privy Council, 175.

--Cromwell, Oliver, 29-30.

--Crown, in Anglo-Saxon times, 3;

effects of Norman Conquest on, 6;

independence under the Tudors, 21;

character under early Stuarts, 26;

abolished in 1640, 30;

restoration, 30;

regulated by Bill of Rights, 32-33;

decreased powers since seventeenth century, 35;

theoretical position, 48;

rules of succession, 49;

regencies, 50;

privileges, 50-52;

the prerogative, 52;

executive powers, 53-55;

legislative powers, 55;

veto, 56;

relations with ministry, 56-57;

actual service, 58;

reasons for survival, 59.

--Disraeli, Benjamin, prime minister, 150.

--District, rural, 184;

urban, 186.

--District and Parish Councils Act of 1894, 180.

--Edward I., and rise of Parliament, 12-13.

--Edward II., statute concerning Parliament, 15.

--Elections, writs, 92;

time regulations, 92-93;

polling, 93;

the campaign, 94;

expenditures, 95-96.

--Elizabeth, strong government, 21;

development of Parliament under, 24-25.

--Equity, rules of, 169.

--Exchequer, Court of, 17, 62, 174.

--Franchise, in fifteenth century, 23;

in early nineteenth century, 79;

extended by Reform Act of 1832, 82;

demands of the Chartists, 82-83;

modified in 1867, 83-84;

liberalized in 1884, 84-85;

the system to-day, 86-88;

question of the plural vote, 89-90;

Franchise Bill of 1912, 90;

woman's suffrage, 91.

--Gentleman Usher of the Black Rod, 118.

--George III., attempted revival of royal power, 35.

--Gladstone, William E., leadership of Liberals, 148;

first ministry, 149;

second and third ministries, 151;

fourth ministry, 152.

--Great Council, 7.

--Henry I., charter, 7.

--Henry II., judicial measures, 8.

--Henry III., and beginnings of Parliament, 12.

--Henry VIII., strong government, 19.

--High Court of Justice, 173-174.

--House of Commons, origins, 13;

composition in 1485, 23;

changes in Tudor period, 24;

Apology of 1604, 27;

ascendancy over House of Lords, 36;

present composition, 77;

undemocratic character at opening of nineteenth century, 77-79;

electoral corruption, 80;

early demands for reform, 80;

Reform Act of 1832, 81-82;

Chartist agitation, 82-83;

Representation of the People Act of 1867, 83-84;

Representation of the

People Act of 1884, 84-85;

Redistribution of Seats Act of 1885, 85;

franchise and franchise questions to-day, 86-92;

electoral procedure and regulations, 92-96;

sessions, 117;

opening ceremonies, 117-118;

meeting place described, 118-120;

hours of sittings, 120;

officers, 121;

Speaker, 121-123;

quorum, 123;

committees, 123-125;

privileges, 126;

payment of members, 127;

procedure on public bills, 133-134;

on money bills, 135-136;

on private bills, 137-138;

provisional orders, 138;

rules, 139-141;

closure, 139;

the guillotine, 140;

votes and divisions, 140-141.

--House of Lords, origins, 13, 47;

composition in 1485, 22-23;

changes in Tudor period, 24;

abolished in 1640, 29;

restored in 1660, 31;

loss of priority to House of Commons, 36, 102;

composition, 97-101;

qualifications of members, 101;

number of members, 101;

question of reform, 102-103;

early reform proposals, 103-104;

conflicts with the Liberals, 104;

powers relating to money bills, 106;

rejection of Finance Bill of 1909, 107;

Liberal project of reform, 108;

Unionist proposals, 109;

adoption of Parliament Act of 1911, 110-111;

effects of the Act, 112-114;

sessions, 117;

opening ceremonies, 117-118;

sittings and attendance, 125;

officers, 125-126;

privileges, 127;

judicial functions, 130-132;

procedure, 141-142.

--Humble Petition and Advice, 30.

--Hundred, 4.

--Impeachment, 130.

--Independent Labor Party, 165.

--Instrument of Government, 29.

--Ireland, union of 1801, 40-41;

allotment of parliamentary seats, 85;

over-representation, 89;

representative peers, 98-99;

question of Home Rule, 150-152.

--James I., conception of monarchy, 26;

parliaments of, 28.

--James II., overthrown, 32.

--John, signs Magna Carta, 9;

holds council at Oxford, 12.

--Jury, use of, 171, 172.

--Justice of the Peace, functions, 171-172.

--King. See Crown.

--King's Bench, Court of, 17, 174.

--Labor Party, 165-167.

--Lansdowne Reconstruction Bill, 100.

--Law, origins, 167;

form, 168-169.

--Legislation, powers acquired by Parliament, 14-15.

--Liberal Party, conflict with House of Lords, 104;

and reform, 147;

regeneration under Gladstone, 148-149;

and Home Rule, 150;

secession of Unionists, 151;

rehabilitation, 156;

electoral triumph in 1906, 157;

mandate and performance, 158-159;

conflict with House of Lords, 159;

triumph in elections of 1910, 160;

carry Parliament Act of 1911, 110, 160;

signification of nomenclature, 162;

present-day issues, 163;

composition, 164.

--Liberal Unionists, origins, 151.

--Local Government Act of 1888, 180.

--Local Government Board, 180, 182.

--Local Government, periods in history, 176;

before 1835, 176-178;

mid-century confusion of areas, 179;

relations with central government, 181-182;

organization of administrative county, 183-184;

the rural district, 184;

rural and urban parish, 185;

urban district, 186;

boroughs and cities, 187-189;

London, 190-191.

--London, government, 190-191.

--Lord High Chancellor, 63.

--Lord Lieutenant, 172.

--Lords of Appeal, 99.

--Magna Carta, character and importance, 9.

--Ministry, appointment, 57, 66-69;

relation with Privy Council and Cabinet, 60-61;

Treasury, 62;

Admiralty Board, 62;

Lord High Chancellorship, 63;

the secretaries of state, 63-64;

the administrative boards, 64;

responsibility, 70, 128-130;

proceedings, 71-73.

--Money Bills, the Lords and, 106;

Liberal proposals concerning, 108;

disposition under Parliament Act of 1911, 112;

procedure upon, 135-136.

--Montfort, Simon de, parliaments of 1264 and 1265, 12.

--Municipal Corporation Act, 178.

--Newcastle Programme, 152.

--Parish, rural and urban, 185.

--Parliament, origins, 11;

Simon de Montfort's leadership, 12;

Model Parliament, 12-13;

bicameral principle established, 13;

fiscal and legislative powers, 14;

development of legislative process, 15;

composition in 1485, 23;

growth under Tudors, 24;

in Stuart period, 28-29;

experiments during Commonwealth and Protectorate, 29-30;

restoration in 1660, 31;

constituent powers, 45;

relations with crown, 55;

undemocratic character in early nineteenth century, 77-80;

Reform Act of 1832, 81-82;

Representation of the People Act of 1867, 83-84;

Representation of the People Act of 1884, 84-85;

Redistribution of Seats Act of 1885, 85;

franchise and franchise questions to-day, 86-92;

electoral procedure and regulations, 92-96;

composition of Lords, 97-101;

question of Lords reform, 102-109;

the Parliament Act of 1911, 110-114;

sessions, 117;

how opened, 117-118;

meeting place and sittings, 118-120;

officers and committees of Commons, 121-125;

organization of Lords, 125-126;

privileges of members, 126-127;

function of criticism, 128-130;

judicial functions, 130-132;

procedure on public bills, 133-134;

on money bills, 135-136;

on private bills, 137-138;

rules of Commons, 139-141;

procedure in Lords, 141-142.

--Parliament Act, origins, 106-110;

adoption, 110-111;

provisions, 112-113;

significance, 113-115.

--Parliamentarism, and parties, 143.

--Parties, beginnings, 38-39;

relation to parliamentary government, 143;

Tory ascendancy from 1783 to 1830, 145-146;

Liberals and reform, 147;

mid-century regeneration, 148-150;

rise of Liberal Unionists, 151;

Conservative ascendancy, 154-155;

Liberal revival, 156-157;

present significance of party names, 162;

current issues, 163-165;

labor and politics, 165-166.

--Plural Vote, 89-90.

--Poor Law, 178.

--Premier, selection, 66;

choice of colleagues, 67;

leadership, 72-73.

--Prince of Wales, 49.

--Private Legislation, 137-138.

--Privy Council, origins, 17;

under the Tudors, 19;

under Charles II., 37;

relations with ministry and cabinet, 60;

Judicial Committee as a court, 175.

--Protectorate, 29-30.

--Provisional Orders, 138.

--Poyning's Law, 40.

--Redistribution of Seats Act of 1885, 85-86.

--Referendum, Unionist proposal of, 109.

--Reform Act of 1832, 81-82.

--Regency, 50.

--Representation, beginnings of, 11.

--Representation of the People Act, of 1867, 83-84;

of 1884, 84-85.

--Rosebery, Lord, proposals for reform of Lords, 105, 108.

--Salisbury, Marquis of, first ministry, 157;

second ministry, 152;

third and fourth ministries, 153.

--Scotland, union of 1707, 39-40;

allotment of parliamentary seats, 85;

representative peers, 98-99.

--Shire, 5.

--Shire-moot, 5.

--Society for Constitutional Information, 81.

--Speaker, of House of Commons, history and functions, 121-123;

powers, 139.

--Star Chamber, Court of, 20.

--Stuarts, absolutism, 26;

overthrow, 29;

restored, 30;

finally expelled, 32.

--Supreme Court of Judicature, 173-175.

--Tariff Reform, rise and effects of issue, 155-156.

--Taxation, powers acquired by Parliament, 14, 22.

--Toleration Act, 33.

--Tory Party, rise, 39;

ascendancy from 1783 to 1830, 145-146.

--Township, 4.

--Treasury, 62.

--Tudors, popularity, 18;

relations with Parliament, 21.

--Unionists, position in Lords, 102-106.

--Westminster Palace, 116.

--Whig Party, rise, 39.

--William I., governmental policies, 6-7.

--William III., accession, 32.

--Witenagemot, 4.

--Woman's Suffrage, 91-92.

_Folkething_. See Denmark.

France:--

--_Adjoint_, 350.

--Administration, under Old Régime, 341-342;

overhauled in 1789-1791, 342;

revival of centralization, 343;

under Second Empire, 344;

changes under Third Republic, 345;

the department, 346-347;

the arrondissement, 347;

the canton, 348;

the commune, 348-351.

--Amendment, of constitution, 307, 327-328.

--Appeal, courts of, 338.

--_Arrondissement_, electoral unit, 318;

created, 343;

organization, 347.

--Assize, courts of, 338.

--Associations, law of, 331.

--_Ballottage_, 319.

--_Bloc_, rise, 331;

present condition, 332.

--Bonaparte, Napoleon, and constitution of the Year VIII., 293-295;

organization of local administration, 343.

--Bonapartists, policies in 1871-1875, 303-304.

--Bordeaux, National Assembly meets at, 302.

--Briand, A., programme of electoral reform, 322;

ministry, 332.

--Bureaus, in Parliament, 325-327.