CHAPTER XXXIII

THE GOVERNMENT OF SPAIN

I. The Beginnings of Constitutionalism

667. The Napoleonic Régime and the National Resistance.—It was the fortune of the kingdom of Spain, as it was that of the several Italian states, to be made tributary to the dominion of Napoleon; and in Spain, as in Italy, the first phase of the growth of constitutional government fell within the period covered by the Corsican's ascendancy. Starting with the purpose of punishing Portugal for her refusal to break with Great Britain, Napoleon, during the years 1807-1808, worked out gradually an Iberian policy which comprehended not only the subversion of the independent Portuguese monarchy but also the reduction of Spain to the status of a subject kingdom. In pursuance of this programme French troops began, in February, 1808, the occupation of Spanish strongholds, including the capital. The aged Bourbon king, Charles IV., was induced to renounce his throne and the crown prince Ferdinand his claim to the succession, and, June 6, Joseph Bonaparte, since 1806 king of Naples, was designated sovereign. An assembly of ninety-one pliant Spanish notables, convened at Bayonne in the guise of a junta, was influenced both to "petition" the Emperor for Joseph's appointment and to ratify the projet of a Napoleonic constitution.

Napoleon's seizure of the crown of Spain was an act of sheer violence, and from the outset Joseph was considered by his subjects a simple usurper. The establishment of the new régime at Madrid became the signal for a national uprising which not only compelled the Emperor seriously to modify his immediate plans and to lead in person a campaign of conquest, but contributed in the end to the collapse of the entire Napoleonic fabric. Upon the restoration of some degree of order there followed the introduction of a number of reforms—the sweeping away of the last vestiges of feudalism, the abolition of the tribunal of the Inquisition, the reduction of the number of monasteries and convents by a third, and the repeal of all internal customs. But the position occupied by the alien sovereign was never other than precarious. At no time did he secure control over the whole of the country, and during the successive stages of the Peninsular War of 1807-1814 his mastery of the situation diminished gradually to the vanishing point. At the outset the principal directing agencies of the opposition were the irregularly organized local juntas which sprang up in the various provinces, but before the end of 1808 there was constituted a central junta of thirty-four members, and in September, 1810, there was convened at Cadiz a general Cortes—not three estates, as tradition demanded, but a single assembly of indirectly elected deputies of the people.

668. The Constitution of 1812.—Professing allegiance to the captive Ferdinand, the Cortes of 1810 addressed itself first of all to the prosecution of the war and the maintenance of the national independence, but after a year it proceeded to draw up a constitution for a liberalized Bourbon monarchy. Save the fundamental decree upon which rested nominally the government, of Joseph Bonaparte, this constitution, promulgated March 19, 1812, was the first such instrument in Spanish history. It was, of course, the first to emanate from Spanish sources. Permeating it throughout were the radical principles of the French constitution of 1791. It asserted unreservedly the sovereignty of the people and proclaimed as inviolable the principle of equality before the law. Executive authority it intrusted to the king, but the monarch was left so scant a measure of independence that not only might he never prorogue or dissolve the Cortes, but not even might he marry or set foot outside the kingdom without express permission. For the actual exercise of the executive functions there were created seven departments, or ministries, each presided over by a responsible official. The fundamental powers of state were conferred upon a Cortes of one chamber, whose members were to be elected for a term of two years by indirect manhood suffrage. Various features of the French constitution which experience had shown to be ill-advised were reproduced blindly enough, among them the ineligibility of members of the legislative body for re-election and the disqualification of ministers to sit as members. The government of the towns was intrusted to the inhabitants; that of the provinces, to a governor appointed by the central authorities and an assembly of deputies popularly chosen for a term of four years. As the starting point of Spanish constitutional development the fundamental law of 1812 is of genuine interest. It is not to be imagined, however, that the instrument reflects with any degree of accuracy the political sentiment and ideals of the mass of the Spanish people. On the contrary, it was the work of a slender democratic minority, and it was never even submitted to the nation for ratification. It was a product of revolution, and at no time was there opportunity for its framers to put it completely into operation.[837]

669. The Restoration and the Reign of Ferdinand VII.—Upon the fall of Napoleon the legitimate sovereign, under the name of Ferdinand VII., was established forthwith upon the Spanish throne. At one time he had professed a purpose to perpetuate the new constitution, but even before his return to Madrid he pronounced both the constitution and the various decrees of the Cortes "null and of no effect," and when the Cortes undertook to press its claims to recognition it found itself powerless. In the restoration of absolutism the king was supported not only by the army, the nobility, and the Church, but also by the mass of the people. For constitutional government there was plainly little demand, and if Ferdinand had been possessed of even the most ordinary qualities of character and statesmanship, he might probably have ruled successfully in a perfectly despotic manner throughout the remainder of his life. As it was, the reaction was accompanied by such glaring excesses that the spirit of revolution was kept alive, and scarcely a twelvemonth passed in the course of which there were not menacing uprisings. In January, 1820, a revolt of unusual seriousness began in a mutiny at Cadiz on the part of the soldiers who were being gathered for service in America. The revolt spread and, to save himself, the king revived the constitution of 1812 and pledged himself to a scrupulous observance of its stipulations. The movement, however, was doomed to prompt and seemingly complete failure. The liberals were disunited, and the two years during which the king was virtually a prisoner in their hands comprised a period of sheer anarchy. The powers of the Holy Alliance, moreover, in congress at Verona (1822), adopted a programme of intervention, in execution of which, in April, 1823, the French government sent an army across the Pyrenees under the command of the Duke of Angoulême. A six months' campaign, culminating in the capture of Cadiz, whither the Cortes had carried the king, served effectively to crush the revolution and to reinstate the sovereign completely in the position which he had occupied prior to 1820. Then followed a fresh period of repression, in the course of which the constitution of 1812 was again set aside, and throughout the remaining decade of the reign the government of the kingdom was both despotic and utterly unprogressive.[838]

II. Political and Constitutional Development, 1833-1876

670. Maria Christina and the Estatuto Real of 1834.—Ferdinand VII. died September 29, 1833, leaving no son. Regularly since the establishment of the Bourbon dynasty the succession in Spain had been governed by the principle of the Salic Law, imported originally from France. But, to the end that the inheritance might fall to a daughter rather than to his brother, Don Carlos, Ferdinand had promulgated, in 1830, a Pragmatic Sanction whereby the Salic principle was set aside. Don Carlos and his supporters refused absolutely to admit the validity of this act, but Ferdinand was succeeded by his three-year-old daughter, Isabella, and the government was placed in the hands of the queen-mother, Maria Christina of Naples, as regent.[839] Her administration of affairs lasted until 1840. From the constitutional point of view the period was important solely because, under stress of circumstances, the regent was driven to adopt a distinctly liberal policy, and, in time, to promulgate a new constitutional instrument. Don Carlos, supported by the nobility, the clergy, and other reactionary elements, kept up a guerilla war by which the tenure of the "Christinos" was endangered continuously. The regent was herself a thoroughgoing absolutist, but her sole hope lay in the support of the liberals, and to retain that it was necessary for her to make large concessions. The upshot was that in April, 1834, she issued a royal statute (Estatuto Real), whereby there was established a new type of Cortes, comprising two chambers instead of one. The upper house, or Estamento de Proceres, was essentially a senate; the lower, or Estamento de Procuradores, was a chamber of deputies. Members of the Procuradores were to be elected by taxpayers for a term of three years. Upon the Cortes was conferred power of taxation and of legislation; but the Government alone might propose laws, and the Cortes, like its ancient predecessor, was allowed no initiative save that of petitioning the Government to submit measures upon particular subjects. A minimum of one legislative session annually was stipulated; but the sovereign was left free otherwise to convoke and to dissolve the chambers at will. Ministers were recognized to be responsible solely to the crown.

671. The Constitution of 1837.—Toward the establishment of constitutional government the Statute of 1834 marked some, albeit small, advance. The Moderados, or moderate liberals, were disposed to accept it as the largest concession that, for the present, could be expected. But the Progressistas, or progressives, insisted upon a revival of the more democratic constitution of 1812, and in 1836 the regent was compelled by a widespread military revolt to sign a decree pledging the Government to this policy. A constituent Cortes was convoked and the outcome was the promulgation of the constitution of June 17, 1837, based upon the instrument of 1812, but in respect to liberalism standing midway between that instrument and the Statute of 1834. Like the constitution of 1812, that of 1837 affirmed the sovereignty of the nation and the responsibility of ministers to the legislative body. On the other hand, the Cortes was to consist, as under the Statute, of two houses, a Senate and a Congress. The members of the one were to be appointed for life by the crown; those of the other were to be elected by the people for three years. In a number of respects the instrument of 1837 resembled the recently adopted constitution of Belgium, even as the Statute of 1834 had resembled the French Charter of 1814. In the words of a Spanish historian, the document of 1837 had the two-fold importance of "assuring the constitutional principle, which thenceforth was never denied, and of ending the sentiment of idolatry for the constitution of 1812."[840]

672. The Constitution of 1845.—October 12, 1840, the regent Maria Christina was forced by the intensity of civil discord to abdicate and to withdraw to France. Her successor was General Espartero, leader of the Progressistas and the first of a long line of military men to whom it has fallen at various times to direct the governmental affairs of the Spanish nation. November 8, 1843, the princess Isabella although yet but thirteen years old, was declared of age and, under the name of Isabella II., was proclaimed sovereign. Her reign, covering the ensuing twenty years, comprised distinctly an era of stagnation and veiled absolutism. Nominally the constitution of 1837 continued in operation until 1845. At that time it was replaced by a revised and less liberal instrument, drawn up by the Moderados with the assistance of an ordinary Cortes. The duration of the Cortes was extended from three to four years, severer restrictions upon the press were established, supervision of the local authorities was still further centralized, and the requirement that the sovereign might not marry without the consent of the Cortez was rescinded. In the course of a revolutionary movement in 1854 there was convoked a constituent Cortes, dominated by Moderates and Progressives. The constitution which this body framed, comprising essentially a revival of the instrument of 1837, was never, however, put in operation. In the end, by a royal decree of 1856, the constitution of 1845 was amended and re-established. Save for some illiberal amendments of 1857,[841] which were repealed in 1864, this instrument of 1845 continued in operation until 1868. Throughout the period, however, constitutionalism was hardly more than a fiction.[842]

673. The Constitution of 1869: King Amadeo.—By a revolt which began in September, 1868, the queen was compelled to flee from the country, and, eventually, June 25, 1869, to abdicate. A provisional government effected arrangements for the election of a Cortes by manhood suffrage, and this Cortes, convened at the capital, February 11, 1869, addressed itself first of all to the task of drafting a new national constitution. A considerable number of members advocated the establishment of a republic; but for so radical an innovation there was clearly no general demand, and in the end the proposition was rejected by a vote of 214 to 71. June 1 a constitution was adopted which, however, marked a large advance in the direction of liberalism. It contained substantial guarantees of freedom of speech, freedom of the press, liberty of religion, and the right of petition and of public assembly, and in unequivocal terms the sovereignty of the people was affirmed afresh. A Cortes of two houses was provided for, the members of the Senate to be chosen indirectly by the people through electoral colleges and the provincial assemblies, those of the Congress to be elected by manhood suffrage, the only qualification for voting being the attainment of the age of twenty-five years and possession of ordinary civil rights.

Pending the selection of a sovereign, a regency was established under Marshal Serrano. Among the several dignitaries who were considered—Alfonso (son of the deposed Isabella) the Duke of Montpensier, Ferdinand of Savoy (brother of King Victor Emmanuel of Italy), King Luiz of Portugal, Ferdinand of Saxony, Leopold of Hohenzollern-Sigmaringen, and Prince Amadeo, duke of Aosta, second son of Victor Emmanuel—favor settled eventually upon the last named, who was elected November 19, 1870, by a vote of 191 to 120. At the end of 1870 the new sovereign arrived in Spain, and February 2, 1871, he took oath to uphold the recently established constitution. From the outset, however, his position was one of extreme difficulty. He was opposed by those who desired a republic, by the Carlists, by the adherents of the former crown prince Alfonso, and by the clergy; and as a foreigner he was regarded with indifference, if not antipathy, by patriotic Spaniards generally. February 10, 1873, wearied by the turbulence in which he was engulfed, he resigned his powers into the hands of the Cortes, and by that body his abdication was forthwith accepted. It is a sufficient commentary upon the political character of the reign to observe that within the twenty-four months which it covered there were no fewer than six ministerial crises and three general elections.

674. The Republic (1873-1875): Monarchy Restored.—The breakdown of the elective monarchy, following thus closely the overthrow of absolutism, cleared the way for the triumph of the republicans. The monarchist parties, confronted suddenly by an unanticipated situation, were able to agree upon no plan of action, and the upshot was that, by a vote of 258 to 32, the Cortes declared for a republic and decreed that the drafting of a republican constitution should be undertaken by a specially elected convention. Although it was true, as Castelar asserted, that the monarchy had perished from natural causes, that the republic was the inevitable product of existing circumstance, and that the transition from the one to the other was effected without bloodshed, it was apparent from the outset that republicanism had not, after all, struck root deeply. A constitution was drawn up, but it was at no time really put into operation. The supporters of the new régime were far from agreed as to the kind of republic, federal or centralized, that should be established;[843] the republican leaders were mutually jealous and prone to profitless theorizing; the nation was lacking in the experience which is a prerequisite of self-government.[844] At home the republic was opposed by the monarchists of the various groups, by the clergy, and by the extreme particularists, and abroad it won the recognition of not one nation save the United States. The presidency of Figueras lasted four months; that of Pi y Margall, six weeks; that of Salmeron, a similar period; that of Castelar, about four months (September 7, 1873, to January 3, 1874). Castelar, however, was rather a dictator than a president, and so was his Conservative successor Serrano. By the beginning of 1874 it was admitted universally that the only escape from the anomalous situation in which the nation found itself lay in a restoration of the legitimist monarchy, in the person of Don Alfonso, son of Isabella II. The collapse of the republic was as swift and as noiseless as had been its establishment. The principal agency in it was the army, which, in December, 1874, declared definitely for Alfonso, after he had pledged himself to a grant of amnesty and the maintenance of constitutional government. December 31 a regency ministry under the presidency of Cánovas was announced, and the new reign began with the landing of the young sovereign at Barcelona, January 10, 1875. Between the premature and ineffective republicanism of the past year, on the one hand, and the absolutism of a Carlist government, on the other, the constitutional monarchy of Alfonso XII. seemed a logical, and to the mass of the Spanish people, an eminently satisfactory, compromise.[845]

III. The Present Constitution

675. The Constitution Adopted.—The year following the re-establishment of the monarchy was consumed largely in the suppression of the Carlists and the reorganization of the government. During this period Cánovas, at the head of a strong Conservative and Clerical ministry, ruled virtually as a dictator, and sooner or later most vestiges of the republic were swept away, while the nation was won over solidly to the new order. At the election of the first Cortes of the Restoration, January 22, 1876, the principle of manhood suffrage was continued in operation, though so docile did the electorate prove that Cánovas was able to secure, in both chambers, a heavy majority which was ready to vote at the Government's behest a franchise system of a much less liberal type. The first important task of this Cortes was the consideration and adoption of a new national constitution. As to the sort of constitution most desirable there was, as ever, wide difference of opinion. The Conservatives favored a revival of the instrument of 1845. The Liberals much preferred a restoration of that of 1869. A commission of thirty-nine, designated May 20, 1875, by a junta convened by Cánovas, had evolved with some difficulty an instrument which combined various features of both of these earlier documents, and by the Cortes of 1876 this proposed constitution was at length accorded definite, though by no means unanimous, assent (June 30). This instrument was put forthwith into operation, and it has remained to this day, substantially without alteration, the fundamental law of Spain. Based essentially upon the constitution of 1845, it none the less exhibits at many points the influence of the liberal principles which underlay the instrument of 1869.

676. Contents: Guarantees of Individual Liberty.—In scope the constitution is comprehensive. Its text falls into thirteen "titles" and eighty-nine articles. Like the constitution of Italy, it contains no provision for its own amendment; but in Spain, as also in Italy, the distinction between constituent and legislative powers is not sharply drawn and a simple act of the legislative body is in practice adequate to modify the working constitution of the kingdom. Among the thirteen titles one of the most elaborate is that in which are defined the rights and privileges of Spanish subjects and of aliens resident in Spain.[846] Among rights specifically guaranteed are those of freedom of speech, freedom of the press, peaceful assemblage, the formation of associations, petition, unrestrained choice of professions, and eligibility to public offices and employments, "according to merit and capacity." Immunities guaranteed include exemption from arrest, "except in the cases and in the manner prescribed by law"; exemption from imprisonment, except upon order of a competent judicial official; freedom from molestation on account of religious opinions, provided due respect for "Christian morality" be shown;[847] and exemption from search of papers and effects and from confiscation of property, save by authority legally competent. It is forbidden that either the military or the civil authorities shall impose any penalty other than such as shall have been established previously by law. Certain guarantees, i.e., those respecting arrest, imprisonment, search, freedom of domicile, freedom of speech and press, assemblage, and associations, may, under provision of the constitution, be suspended throughout the kingdom or in any portion thereof, but only when demanded by the security of the state, and then only temporarily and by means of a specific law. In no case may any other guarantee which is named in the constitution be withdrawn, even temporarily. When the Cortes is not in session the Government may suspend, through the medium of a royal decree, any one of the guarantees which the Cortes itself is authorized to suspend, but at the earliest opportunity such a decree must be submitted to the Cortes for ratification. It need hardly be pointed out that the opportunity for the evasion of constitutionalism which is created by this power of suspension is enormous, and anyone at all familiar with the history of public affairs in Spain would be able to cite numerous occasions upon which, upon pretexts more or less plausible, the guarantees of the fundamental law have been set at naught.[848]

IV. The Crown and the Ministry

677. The Rules of Succession.—Executive power in the kingdom is vested solely in the crown, although in practice it devolves to a large degree upon the council of ministers. Kingship is hereditary, and in regulation of the succession the constitution lays down the general principle that an elder line shall always be preferred to younger ones; in the same line, the nearer degree of kinship to the more remote; in the same degree of kinship, the male to the female; in the same sex, the older to the younger person. By the original constitution Alfonso XII. was declared to be the legitimate sovereign, and provision was made that if the line of legitimate descendants of Alfonso should be extinguished, his sisters should succeed in the established order; then his aunt (the sister of his mother Isabella II.) and her legitimate descendants; and, finally, the descendants of his uncles, the brothers of Ferdinand VII.[849] It will be recalled that the Pragmatic Sanction of 1830 abolished in Spain the Salic principle and restored the ancient right of females to inherit. Spain is, indeed, one of the few European states in which this right exists. At the same time, as has been pointed out, when the degree of kinship is identical, preference is accorded the male. Thus it came about that the present sovereign, Alfonso XIII., the posthumous son of Alfonso XII., took precedence over his two sisters, both of whom were older than he, and the elder of whom, Maria de las Mercedes, actually was queen from the death of her father, November 25, 1885, until the birth of her brother, May 17, 1886.[850]

678. Regencies.—Any member of the royal family who may be incapable of governing, or who by his conduct may have forfeited his claim to the good-will of the nation, may be excluded from the succession by law. Disputes concerning rights or facts involved in the succession are to be adjusted by law, and in event that all of the family lines mentioned in the constitution should be extinguished it would become the duty of the Cortes to make such disposal of the crown as might be adjudged "most suitable to the nation."[851] Both the sovereign and the heir presumptive are forbidden to marry any person who by law is excluded from the succession. They are, indeed, forbidden to contract a marriage at all until after the Cortes shall have examined and approved the stipulations involved. The age of majority of the sovereign is fixed at sixteen years. When the king is a minor, his father or his mother, or, in default of a living parent, the relative who stands next in the order of succession, is constituted regent, provided always that such person be a Spaniard at least twenty years of age and not by law excluded from the succession. Should there be no one upon whom the regency may lawfully devolve, it is the duty of the Cortes to appoint a regency of one, three, or five persons. If, at any time, in the judgment of the Cortes, the sovereign becomes incapacitated to rule, a regency is required to be vested in the crown prince, provided he be sixteen years of age. In default of a qualified crown prince the regency devolves upon the queen; and in default of both son and queen, upon a person determined in accordance with the rules already mentioned.

679. Powers of the Crown.—The powers of the crown are of the sort common among continental monarchies. By the constitution they are thrown into two groups, i.e., those which may be exercised freely and independently and those which may be exercised only upon the authorization of a special law. Enumeration of the first group begins with the sweeping statement that "the power of executing the laws is vested in the king, and his authority extends to everything which conduces to the preservation of public order at home and the security of the state abroad, in conformity with the constitution and the laws."[852] Powers specifically named include the approval and promulgation of the laws; the issuing of decrees, regulations, and instructions designed to facilitate the execution of the laws; the appointment and dismissal of ministers and of civil officials generally; command of the army and navy and direction of the land and naval forces; the declaration of war and the conclusion of peace;[853] the conduct of diplomatic and commercial relations with foreign states; the pardoning of offenders; the control of the coinage; and the conferring of honors and distinctions of every kind. Of powers which the sovereign may exercise only in pursuance of authority specially conferred by law there are five, as follows: alienation, cession, or exchange of any portion of Spanish territory; incorporation of new territory; admission of foreign troops into the kingdom; ratification of all treaties which are binding individually upon Spaniards, and of treaties of offensive alliance which stipulate the payment of subsidies to any foreign power, or which relate especially to commerce; and abdication of the crown in favor of the heir-presumptive.

680. The Ministry: Organization and Functions.—In Spain, as in constitutional states generally, the powers appertaining to the executive are exercised in the main by the ministers. Concerning the ministry the constitution has little to say. It, in truth, assumes, rather than makes specific provision for, the ministry's existence. It confers upon the crown the power freely to appoint and to dismiss ministers; it stipulates that ministers may be senators or deputies and may participate in the proceedings of both legislative chambers, but may vote only in the chambers to which they belong; and, most important of all, it enjoins that ministers shall be responsible, and that no order of the king may be executed unless countersigned by a minister, who thereby assumes personal responsibility for it. This principle of ministerial responsibility, which found its first expression in Spain in the constitution of 1812, is enforced nowadays sufficiently, at least, to ensure the nation, through the Cortes, some actual control over the policies and measures of the executive. Of ministries there are at present nine, as follows: Foreign Affairs; Justice; Finance; War; Marine; Interior; Public Instruction and Fine Arts; Commerce; and Public Works. At the head of the ministerial council is a president, or premier, who, under royal approval, selects his colleagues, but ordinarily assumes himself no portfolio. It is the function of the ministers not only to serve as the heads of executive departments and to explain and defend in the legislative chambers the acts of the government, but, in their collective capacity, to formulate measures for presentation to the Cortes and, especially, to submit every year for examination and discussion a general budget, accompanied by a scheme of taxation or other proposed means of meeting prospective expenditures. In each chamber there is reserved for the ministers of the crown a front bench to the right of the presiding official. The practice of interpellation exists, although ministries rarely retire by reason of a vote of censure arising therefrom. But any minister may be impeached by the Congress before the Senate. In Spain, as in France and Italy, the parliamentary system is nominally in operation; but, as in the countries mentioned, the multiplicity and instability of party groups render the workings of the system totally different from what they are in Great Britain. Ministries are invariably composite rather than homogeneous in political complexion, with the consequence that they are unable to present a solid front or long to retain their hold upon the nation's confidence.

V. The Cortes

681. The Senate: Composition.—The legislative powers of the kingdom are vested in "the Cortes, together with the king." The Cortes consists of two co-ordinate chambers, the Senate and the Congress of Deputies. In the composition of the Senate the prescriptive, appointive, and elective principles are curiously intertwined, the chamber containing one group of men who are members in their own right, another who are appointed by the crown and sit for life, and a third who are elected by the corporations of the state and by the large taxpayers. In number the first two categories jointly may not exceed 180; the third is fixed definitely at that figure. In point of fact the life senators nominated by the crown number 100, while the quota of prescriptive members varies considerably. This last-mentioned group comprises grown sons of the sovereign and of the heir-presumptive; the admirals of the navy and the captains-general of the army; the patriarch of the Indies and the archbishops; the presidents of the Council of State, the Supreme Court, the Court of Accounts, and the Supreme Councils of War and Marine, after two years of service; and grandees of Spain[854] in their own right, who are not subjects of another power and who have a proved yearly income of 60,000 pesetas ($12,000) derived from real property of their own, or from rights legally equivalent to real property.[855]

682. Appointment and Election of Senators.—Appointment of senators by the crown is made by special decree, in which must be stated the grounds upon which each appointment is based. In the selection of appointees the sovereign is not entirely free, but since the constitution designates no fewer than twelve classes from which appointments may be made, the range of choice is large. Among the categories enumerated are the presidents of the legislative chambers; deputies who have been members of as many as three congresses, or who have served during as many as eight sessions; ministers of the crown; bishops; grandees; lieutenant-generals of the army and vice-admirals of the navy, of two years' standing; ambassadors, after two years of active service, and ministers plenipotentiary, after four years; presidents and directors of the half-dozen royal academies, and persons who in point of seniority belong within the first half of the list of members of these respective bodies; head professors in the universities, who have held this rank and have performed the duties pertaining to it through a period of four years; and a variety of other administrative, judicial, and professional functionaries. Persons belonging to any one of these groups, however, are eligible for appointment only in the event that they enjoy an annual income of 7,500 pesetas ($1,500), derived from property of their own or from salaries of permanent employments, or from pensions or retirement allowances. In addition to the classes mentioned persons are eligible who for two years have possessed an annual income of 20,000 pesetas, or who have paid into the public treasury a direct tax of 4,000 pesetas, provided that in addition they possess titles of nobility, or have been members of the Cortes, provincial deputies, or mayors in capitals of provinces or in towns of more than 20,000 inhabitants. Appointments are made regularly for life.

The conditions under which the quota of 180 elected senators are chosen were defined by a statute of February 8, 1877. One senator is chosen by the clergy in each of the nine archbishoprics; one by each of the six royal academies; one by each of the ten universities; five by the economic societies; and the remaining 150 by electoral colleges in the several provinces. The electoral college is composed of members of the provincial deputations and of representatives chosen from among the municipal councillors and largest taxpayers of the towns and municipal districts. But no one may become a senator by election who would be ineligible, under the conditions above mentioned, to be appointed to a seat by the crown. And it is required in all cases that to become a senator one must be a Spaniard, must have attained the age of thirty-five, must have the free management of his property, and must not have been subjected to criminal proceedings, nor have been deprived of the exercise of his political rights. The term of elected senators is ten years. One-half of the number is renewed every five years; but upon a dissolution of the elected portion of the chamber by the crown, the quota is renewed integrally.[856]

683. The Congress of Deputies: Composition and Election.—The lower legislative chamber is composed of deputies chosen directly by the inhabitants of the several electoral districts into which the kingdom is divided. From the adoption of the present constitution until 1890 the franchise was restricted severely by property qualifications. A reform bill which became law June 29, 1890, however, re-established in effect the scheme of manhood suffrage which had been in operation during the revolutionary epoch 1869-1875. Under the provisions of a law of August 8, 1907, by which the electoral system was further regulated, the franchise is conferred upon all male Spaniards who have attained the age of twenty-five, who have resided in their electoral district not less than two years, and who have not been deprived judicially of their civil rights.[857] Except, indeed, in the case of certain judicial officials and of persons more than seventy years of age, the exercise of the voting privilege is, as in Belgium and in some of the Austrian provinces, compulsory. The constitution requires that there shall be at least one deputy for every 50,000 inhabitants. The total membership of the Congress is at present 406. In the majority of districts but a single deputy is chosen, but in twenty-eight of the larger ones two or more are elected by scrutin de liste, with provision for the representation of minorities. In districts in which two or three deputies are to be chosen, each elector votes for one fewer than the number to be elected; in districts where from four to seven are to be chosen, the elector votes for two fewer than the total number; and where the aggregate number is eight to ten, or more than ten, he votes for three or four fewer, respectively. Any Spaniard who is qualified for the exercise of the suffrage is eligible for election, and for indefinite re-election, as a deputy, save that no member of the clergy may be chosen. The term of membership is five years, though by reason of not infrequent dissolutions the period of service is actually briefer. As is true also of senators, deputies receive no pay for their services.[858]

684. Sessions and Status of the Chambers.—The Cortes, consisting thus of the Senate and the Congress of Deputies, is required by the constitution to be convened by the crown in regular session at least once each year. Extraordinary sessions may be held, and upon the death or incapacitation of the sovereign the chambers must be assembled forthwith. To the crown belongs the power not only to convene, but also to suspend and to terminate the sessions, and to dissolve, simultaneously or separately, the Congress and the elective portion of the Senate. In the event, however, of a dissolution, the sovereign is obliged to convene the newly constituted Cortes within the space of three months. Except when it devolves upon the Senate to exercise its purely judicial functions, neither of the chambers may be assembled without the other. In no case may the two chambers sit as a single assembly, or deliberate in the presence of the sovereign. Each body is authorized to judge the qualifications of its members and to frame and adopt its own rules of procedure. The Senate elects its secretaries, but its president and vice-president are designated, for each session, and from the senators themselves, by the crown. The Congress, on the other hand, elects from its membership all of its own officials. Sessions of both chambers are public, though "when secrecy is necessary" the doors may be closed. A majority of the members constitutes a quorum, and measures are passed by a majority vote. No senator or deputy may be held to account by legal process for any opinion uttered or for any vote cast within the chamber to which he belongs; and, save when taken in the commission of an offense, a member is entitled to all of the safeguards against arrest and judicial proceedings which are extended customarily to members of legislative bodies in constitutional states.[859]

685. Functions and Powers of the Cortes.—The function of the Cortes is primarily legislative. Each chamber shares with the crown the right to initiate measures, and no proposal can become law until it has received the sanction of the two houses. Rejection of a bill by either chamber, or by the crown, precludes the possibility of a reappearance of the project during the continuance of the session. Measures relating to taxation and to the public credit must be presented, in the first instance, in the Congress of Deputies, and it is made the specific obligation of the Government every year to lay before that body for examination and approval a budget of revenues and expenditures. Only upon authority of law may the Government alienate property belonging to the state, or borrow money on the public credit. Under Spanish constitutional theory the Cortes is the agent of the sovereign nation. It is authorized, therefore, not only to discharge the usual functions of legislation but also to do three other things of fundamental importance. In the first place, it receives from the sovereign, from the heir-apparent, and from the regent or regency of the kingdom, the oath of fidelity to the constitution and the laws. In the second place, under provisions contained within the constitution, it elects the regent or regency and appoints a guardian for a minor sovereign. Finally, to maintain the responsibility of ministers to the lower chamber, and, through it, to the nation, the Congress is authorized to impeach, and the Senate to try, at any time any member of the Government.[860]

VI. Political Parties

686. Party Groups After 1869.—Since the dawn of constitutionalism political life in Spain has comprised much of the time a sheer game between the "ins" and the "outs", in which issues have counted for little and the schemings of the caciques, or professional wire-pullers and bosses, have counted for well-nigh everything. For the exercise of independent popular judgment upon fundamental political questions aptitude has been meager and opportunity rare. Political parties there have been, and still are, and certain of them have exhibited distinct power of survival. Yet it must be observed that even the stablest of them are essentially the creatures of the political leaders and that at no time have they exhibited the broadly national rootage of political parties in other states of western Europe.

Party cleavages in Spain had their beginning early in the nineteenth century, but for the origins of the groups which share in an important manner nowadays in the politics of the kingdom it is not necessary to return to a period more remote than that of the revolution of 1868. Subsequent to the expulsion of Queen Isabella at least four groups were thrown into more or less sharp relief. One was the Carlists, supporters of the claims of Don Carlos and, in respect to political principle, avowed absolutists. A second comprised the Republicans, led by Castelar, whose demand for the establishment of a republic, rejected in 1869, carried the day upon the breakdown of the Amadeo monarchy four years later. Between the Carlists, on the one hand, and the Republicans, on the other, stood the mass of the political leaders, and, so far as may be judged, of the nation also. All were agreed upon the general principle of constitutional monarchy. But upon the precise nature of the government which had been established and of the public policy which ought to be pursued there was, and could be, little agreement. The consequence was a sharp-cut cleavage, by which there were set off in opposition to each other two large parties, the Conservatives and the Liberals; and, save for the brief ascendancy of the Republicans in 1873-1874, it is these two parties which have shared between them the government of the kingdom from the establishment of the limited monarchy in 1869 to the present day. Both of these leading parties have been pledged continuously to maintain the constitution and all of the popular privileges—freedom of speech, liberty of the press, safety of property, the right of establishing associations, and the like—guaranteed by that instrument. Upon the methods by which these things shall be maintained the parties originally divided and still are disagreed. Fundamentally, the policy of the Liberals is to commit the guardianship of public privileges to the courts of justice, while that of the Conservatives is to retain it rather in the hands of the ministerial and administrative authorities. In the normal course of development the Liberal party has tended to draw to itself those liberal elements generally which are satisfied to rely upon legal means for the realization of their purposes, e.g., the free-traders, the labor forces, and many of the socialists. Similarly the Conservative party has attracted a considerable proportion of the reactionaries, especially the Ultramontanes, by whom special stress is placed upon the maintenance of peace with the Vatican, and many representatives of the old Moderate party which was swept out of existence by the overturn of 1868.

687. Liberals and Conservatives: Cánovas and Sagasta.—The first public act of Alfonso XII., following his proclamation as king, December 29, 1874, was to call to his side in the capacity of premier Cánovas del Castillo, by whom was formed a strong Conservative ministry. Consequent upon the convocation of the Cortes of 1876 and the adoption of the new constitution of that year, the various groups of Liberals were drawn into a fairly compact opposition party, supporting the Alfonsist dynasty and the new constitutional régime, but proposing to labor, by peaceful means, for the restoration of as many as possible of the more liberal features of the constitution of 1869. It is of interest to observe that the party, in its earlier years, was encouraged by Cánovas, on the theory that there would be provided by it a natural and harmless outlet for inevitable ebullitions of the liberal spirit. Under the able leadership of Sagasta the development of the party was rapid, and in 1881 Cánovas determined to give the country a taste of Liberal rule. Following a collusive "defeat" the premier retired, whereupon Sagasta was designated premier and a Liberal ministry was established which held office somewhat more than two years. By the Republicans and other radical forces the ministry of Sagasta was harassed unsparingly, just as had been that of Cánovas, and the actual working policies of the two differed in scarcely any particular. Within the Liberal ranks, indeed, a "dynastic Left" became so troublesome that Sagasta, after two years, yielded office to the leader of the disaffected elements, Posada Herrera. The only effect of the experiment was to demonstrate that between the Conservatives led by Cánovas and the Liberals led by Sagasta there was no room for a third party.

In 1885 Cánovas returned to power, but for only a brief interval, for upon the establishment of the regency of Queen Christina, following the death of Alfonso XII., November 25, 1885, Sagasta was called upon to form the first of a series of ministries over which he presided continuously through the ensuing five years. In the memorable Pact of El Pardo it had been agreed between the Liberal and Conservative leaders that each would assist the other in the defense of the dynasty and of the constitution, and although Sagasta had avowed the intention of reintroducing certain principles of the constitution of 1869 he was pledged to proceed in a cautious manner and a conciliatory spirit. The elections of 1884 yielded a substantial Conservative majority in both chambers of the Cortes. None the less the Conservatives accorded the Liberal government their support, until by the elections of 1886 the Liberals themselves acquired control of the two houses. Throughout three years Castelar and the more moderate Republicans co-operated actively with the Government in the re-introduction of jury trial, the revival of liberty of the press, and a number of other liberal measures; but the Government was annoyed continually by attacks and intrigues participated in by both the less conciliatory Republicans and the Carlists. The crowning achievement of the Sagasta ministry was the carrying through of the manhood suffrage act of June 29, 1890. Within a month after the promulgation of the suffrage law the regent gave Sagasta to understand that the time had arrived for a change of leaders. The Cánovas ministry which was thereupon established endured two and a half years, and was given distinction principally by its introduction, in 1892, of the thoroughgoing protectionist régime which prevails in Spain to-day. The Conservatives falling into discord, Cánovas resigned, December 8, 1892; and at the elections of the following year the Conservatives carried only one hundred seats in the Chamber. During the period from December, 1892, to March, 1895, Sagasta was again at the helm.

688. The American War and Ministerial Changes, 1895-1902.—Between 1895 and 1901 there was a rapid succession of ministries, virtually all of which were both made and unmade by situations arising from the war in Cuba and the subsequent contest with the United States. In the hope of averting American intervention a new Cánovas government, established in 1895, brought forward a measure for the introduction of home rule in Cuba, but while the bill was pending, Cánovas was assassinated, August 9, 1897, and the proposition failed. The new Conservative cabinet of General Azcarraga soon retired, and although the Sagasta government which succeeded recalled General Weyler from Cuba and inaugurated a policy of conciliation, the situation had got beyond control and war with the United States ensued. By the succession of Spanish defeats the popularity of the Liberal régime was strained to the breaking point, and at the close of the war Sagasta's ministry gave place to a ministry formed by the new Conservative leader Silvela. The elections of April 16, 1899, yielded the Silvelists a majority and the ministry, reconstituted September 28 of the same year, retained power until March 6, 1901. At that date the Liberals gained the upper hand once more; and, with two brief intervals, Sagasta remained in office until December 3, 1902. Within scarcely more than a month after his final retirement, the great Liberal leader passed away.

689. Parties Since the Death of Sagasta.—A second Silvela ministry, established December 6, 1902, brought the Conservatives again into power. This ministry, which lasted but a few months, was followed successively by four other Conservative governments, as follows: that of Villaverde, May, 1903, to December, 1903; that of Antonio Maura y Montanes, December, 1903, to December, 1904; the second of General Azcarraga, December, 1904, to January, 1905; and the second of Villaverde, from January, 1905, to June, 1905. Of these the most virile was that of Maura, a former Liberal, whose spirit of conciliation and progressiveness entitled him to be considered one of the few real statesmen of Spain in the present generation.

Following the death of Sagasta the Liberals passed through a period of demoralization, but under the leadership of Montero Rios they gradually recovered, and in June, 1905, the government of Villaverde was succeeded by one presided over by Rios. At the elections of September 10, 1905, the Ministerialists secured 227 seats and the Conservatives of all groups but 126 (the remainder being scattered); but discord arose and, November 29 following, the cabinet of Rios resigned. Upon the great ecclesiastical questions of the day—civil marriage, the law of associations, and the secularization of education—both parties, but especially the Liberals, were disrupted completely, and during the period of but little more than a year between the retirement of Rios and the return to power of Maura, January 24, 1907, no fewer than five ministries sought successively to grapple with the situation. Under Maura a measure of stability was restored. The premier, although a Catholic, was moderately anti-clerical. His principal purpose was to maintain order and to elevate the plane of politics by a reform of the local government. At the elections of April 21, 1907, the Conservatives won a victory so decisive that in the Congress they secured a majority of 88 seats over all other groups combined.[861] The fall of the Maura ministry, October 21, 1909, came in consequence largely of the Moroccan crisis, but more immediately by reason of embarrassment incident to the execution of the anarchist-philosopher Señor Ferrer. The Liberal ministry of Moret, constituted October 22, 1909, lacked substantial parliamentary support and was short-lived. February 9, 1910, there was established under Canalejas, leader of the democratic group, a cabinet representative of various Liberal and Radical elements and made up almost wholly of men new to ministerial office.[862]

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:

SENATE
CONGRESS OF DEPUTIESElected indirectly by the people, May 15Elected by the corporations, etc., May 15Total electedImmovable portion of SenateGrand Total
Liberals229 92 11 103 70 173
Dissenting Liberals0 3 0 3 0 3
Conservatives107 35 7 42 77 119
Republicans40 3 1 4 0 4
Carlists9 4 0 4 2 6
Regionalists8 4 1 5 0 5
Integrists7 0 0 0 0 0
Independents5 1 1 2 16 18
Socialists1 0 0 0 0 0
Catholics0 5 0 5 8 13
—— —— —— —— —— ——
406 147 21 168 173[863] 341

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]

VII. The Judiciary and local Government

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 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]

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 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]

CHAPTER XXXIV

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]

696. The Constitutional Charter of 1826: Miguelist Wars.—The 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]

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 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.

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 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.

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 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, 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]

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, 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]

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 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]

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.

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 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.

Sessions of the Cortes were required to be opened by the crown on 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]

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]

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). 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, 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.

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 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 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 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 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]

711. Congress.—The exercise of legislative power is vested 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 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]

INDEX

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.
—Canton,
created, [342];
made a judicial unit, [343];
present character, [348].
—Cassation,
Court of, [338]-339.
—Catholic Party,
rise, [338].
—Chamber of Deputies,
composition, [317];
term and qualifications, [318];
electoral process, [319];
proposed electoral reform, [319]-320;
the Briand programme, [322];
reform bill of 1912, [323]-324;
sessions, [325];
officers, [325];
bureaus and committees, [326];
procedure, [326];
powers and functions, [327]-329;
party strength in, [332].
—Church,
legislation concerning, [331].
—Clemenceau,
ministry, [331]-332.
—Code Civil, [335]-336.
—Code Napoléon, [335]-336.
—Code of Civil Procedure, [336].
—Code of Commerce, [336].
—Code of Criminal Instruction, [336].
—Combes,
ministry, [331].
—Commission du Suffrage Universel, [321], [323].
—Committees,
in Parliament, [325]-327.
—Commune,
suppressed, [303];
continuity of, [342];
place in Napoleonic system, [343];
council made elective, [344];
under Second Empire, [344]-345;
legislation concerning in 1884, [345];
present character, [348];
number and size, [348];
council, [348]-349;
mayor and assistants, [349]-350;
importance, [350]-351.
—Concentration,
policy of, [330].
—Concordat,
abrogated, [331].
—Conseil de préfecture, [346].
—Conservative Party,
after 1848, [329];
in control of Senate after 1876, [330];
changed character, [333].
—Constitution,
of 1791, [290]-291;
of the Year I., [291]-292;
of the Year III., [292]-293;
of the Year VIII., [293]-295;
Constitutional Charter of 1814, [295]-297;
of Second Republic, [297]-298;
of Second Empire, [299]-300;
of Third Republic, [304]-306;
process of amendment, [305], [327]-328.
—Constitutional Charter, [295]-297.
—Convention, [292].
—Corps législatif,
under constitution of 1791, [291];
under constitution of the Year VIII., [294].
—Council, of department,
made elective, [344];
present character, [346]-347.
—Council,
of arrondissement, [347].
—Council, of commune,
made elective, [344];
organization and functions, [348]-349.
—Council of Elders,
in constitution of the Year III., [292]-293.
—Council of Five Hundred,
in constitution of the Year III., [292]-293.
—Council of State,
composition and functions, [340].
—Courts,
of justice of the peace, [337];
of first instance, [337];
of appeal and of assize, [338];
of Cassation, [338]-339;
appointment and tenure of judges, [339];
administrative, [339]-340;
Council of State, [340];
of Conflicts, [341].
—Department,
created, [342];
organized by Napoleon, [343];
council made elective, [344];
under Second Empire, [344]-345;
the office of prefect, [346];
the council, [346]-347.
—Elections,
under constitution of the Year VIII., [293]-294;
under Constitutional Charter of 1814, [296];
arrondissement as unit, [318];
conduct, [319];
ballottage, [319];
question of reform, [319]-322;
the Briand programme, [322];
of 1906, [331];
of 1910, [332];
reform bill of 1912, [323]-324.
—Electoral Reform.
See [Elections].
—Empire,
Napoleonic, [295];
Second French, [299]-300.
—Extreme Left,
in Chamber of Deputies, [332].
—First Instance,
courts of, [337].
—Franchise,
under Napoleonic system, [294];
under Constitutional Charter of 1814, [296]-297;
present regulations, [317].
—Frankfort,
Peace of, [302].
—Généralité, [342].
—Great Western Line,
purchase of, [332].
—Impeachment, [309].
—Intendant, [342].
—Interpellation, [314].
—Jaurès,
socialist leader, [334].
—Journal Officiel, [326].
—Judges,
appointment and tenure, [339].
—Judiciary. See [Courts].
—Juge de paix, [337].
—Law,
codification, [335]-336;
character, [336]-337;
administrative, [339].
—Left,
in Chamber of Deputies, [332].
—Legislation,
President's part in, [309]-310;
processes, [326]-327;
powers, [328]-329.
—Legitimists,
policies in 1871-1875, [303]-305.
—MacMahon, Marshall,
president, [304].
—Mayor,
functions, [347]-350.
—Millerand, Étienne,
socialist member of ministry, [334].
—Ministry,
place in governmental system, [311];
composition, [312];
responsibility, [312]-313;
frequency of changes, [313];
interpellation, [314].
—Multiple Candidature Act, [318].
—Napoleon III.,
proclaimed emperor, [299].
—National Assembly,
of 1871-1875, [302]-303;
of Third Republic, election of President, [309], [328];
amendment of constitution, [327]-328.
—Orleanists,
policies in 1871-1875, [303]-304.
—Pacification,
policy of, [330].
—Parliament,
establishment of bicameral system, [315];
original form of Senate, [315]-316;
composition and election to-day, [316]-317;
composition of Chamber of Deputies, [317]-318;
question of electoral reform, [319]-324;
sessions, [325];
officers, [325];
committees, [326];
procedure, [326];
powers and functions, [327]-329.
—Parliamentarism, [313].
—Parties,
multiplicity, [312]-313;
development after 1848, [329];
situation after 1876, [330];
rise of Radicals, [330];
the bloc, [331];
rise of Socialists, [330]-331, [333]-334;
elections of 1906, [331];
elections of 1910, [332];
changes since 1871, [333].
—Penal Code, [336].
—Prefect,
creation in 1800, [343];
appointment and functions, [346].
—Premier,
position and powers, [312].
—President,
title created, [303];
occupants of the office, [308];
election, [308], [328];
term, [309];
qualifications, [309];
salary and privileges, [309];
powers, [309]-311;
relation with ministers, [311]-312.
—Procedure,
in Senate and Chamber of Deputies, [326]-327.
—Procureur, [327].
—Progressive Party,
rise, [331].
—Proportional Representation,
movement for establishment of, [320]-324.
—Province,
abolished, [342].
—Prussia,
war with, [301].
—Radical Party,
rise, [330];
ascendancy, [331].
—Ralliés, [330].
—Republic,
Second, [297]-298;
Third established, [302]-304.
—Republican Party,
in 1848, [329];
control of Chamber of Deputies after 1876, [330].
—Right,
in Chamber of Deputies, [332];
present character, [333].
—Rivet Law, [302].
—Rouvier,
ministry, [331].
—Sarrien,
ministry, [331]
—Scrutin d'arrondissement,
established in 1820, [296];
re-established in 1889, [318];
proposed change from, [319]-320.
—Scrutin de liste,
established in 1817, [296];
election of senators by, [316];
advantages of, [319]-320;
proposals to re-establish, [320]-324.
—Senate,
original form, [315]-316;
composition and election to-day, [316]-317;
sessions, [325];
officers, [325];
bureaus and committees, [325]-326;
procedure, [326];
powers and functions, [327]-329.
—Sieyès,
electoral project, [294].
—Socialist Party,
rise, [330];
gains, [331];
in Chamber of Deputies, [332];
growth and present character, [333]-334.
—Thiers, Louis Adolph,
made Chief of the Executive Power, [302];
made President of the French Republic, [303];
retirement, [303].
—Trade-unions,
and socialism, [333]-334.
—Tribunal des Conflits, [341].
—Veto, [310].
—Waldeck-Rousseau,
ministry, [331];
Franchise, in Great Britain, in early nineteenth century, [79]-81;
extension, [81]-85;
present system, [85]-88;
questions concerning, [88]-91;
in German Empire, [224]-225;
in Prussia, [258]-260;
development in France, [294]-297;
in France to-day, [317];
in Italy, [376]-378;
in Switzerland, [426];
in Austria, [467]-472;
in Holland, [526]-528;
in Belgium, [539]-548;
in Denmark, [563]-564;
in Norway, [581]-582;
in Sweden, [592]-597;
in Spain, [617]-618;
in Portugal, [637], [641].

Germany
(see also [Prussia] and [Austria]):
—Abgeordnetenhaus,
of Württemberg, [278].
—Abtheilungen,
in German Reichstag, [226];
in Prussian Landtag, [264].
—Agrarian Party, [234].
—Alsace-Lorraine,
original organization, [282];
the Landesausschuss, [283];
movement for autonomy, [284];
bill of 1910, [285];
present governmental system, [286]-287.
—Amendment,
of Imperial constitution, [209].
—Amtsgericht, [243].
—Antisemitic Party, [232].
—Army, [208].
—Austria,
war with Prussia, [200].
—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.
—Bebel, August,
president of German Social Democratic party, [240].
—Bernstein, Edward,
and the "revisionist" socialists, [239].
—Bismarck, Otto von,
minister-president of Prussia, [199];
plan for reorganization of German Confederation, [200];
establishment of North German Bund, [200];
creation of the German Empire, [201];
and socialism, [231];
dismissed, [233];
and Prussian local government, [266]-267.
—Bloc, [234].
—Bremen,
governmental system, [281].
—Bülow, Count von,
chancellor, [234];
and political parties, [236];
on electoral reform in Prussia, [261].
—Bund.
See [Confederation of 1815] and [North German Confederation].
—Bundeskanzleramt, [216].
—Bundesrath,
composition, [217];
legal character, [218];
sessions and procedure, [219];
committees, [220];
powers and functions, [221]-222.
—Caprivi, General von,
chancellor, [233].
—Carlsbad Decrees, [248].
—Centre Party,
rise, [230];
pivotal position, [235];
present position, [236]-240.
—Chancellor,
appointment, [213];
legal position, [214];
functions and powers, [215]-217.
—Civil List,
of king of Prussia, [253].
—Confederation of 1815,
formation, [195];
character, [195]-197;
terminated, [200].
—Committees,
in German Bundesrath, [220];
in Reichstag, [226];
in Prussian Landtag, [264].
—Conservative Party,
rise, [229];
varying fortunes, [233]-234;
present position, [236]-240.
—Constitution,
of Confederation of 1815, [194]-196;
grants in various states, [197];
grant in Prussia, [199];
of the Empire, [202]-204;
process of amendment, [209];
of Prussia, [250]-252.
—Courts, regulated by Law of Judicial.
Organization, [243];
inferior tribunals, [243];
Reichsgericht, [244].
—Crown.
See [Emperor].
—Elections,
of members of Reichstag, [224]-225.
—Emperor,
title, [210];
legal position and privileges, [211];
powers, [211]-213;
relations with Chancellor, [214].
—Empire,
established, [201];
constitution, [202]-203;
nature, [203]-207.
—Erfurt Programme, [239].
—Frankfort,
seat of Diet, [195];
parliament of 1848, [198];
the Fürstentag, [199].
—Gneist, Rudolph von,
writings on government, [266].
—Gotha,
congress at, [231].
—Guelf Party, [232].
—Hamburg,
governmental system, [280]-281.
—Hanoverian Party, [232].
—Hardenberg, Count von,
establishes a ministry of state, [255].
—Holy Roman Empire,
terminated, [193].
—Kulturkampf, [230].
—Landgericht, [243].
—Landtag,
of Bavaria, [275]-276.
—Law,
character, [241]-242.
—Legislation,
powers, [221], [227]-228;
methods, [219]-220, [226]-227.
—Lübeck,
governmental system, [281].
—Metternich, Count,
at Congress of Vienna, [195].
—Ministry,
organization, [213]-215.
—Napoleon I.,
changes wrought in Germany, [193]-194.
—National Liberal Party,
rise, [229];
preponderance, [230];
break-up, [233].
—North German Confederation,
formation, [200];
converted into Empire, [201].
—Oberlandesgericht, [243].
—Parliamentarism,
absence in German Empire, [213];
absence in Prussia, [254].
—Parties,
rise, [229];
older alignments, [229]-230;
more recent alignments, [230]-232;
minor parties, [232]-233;
rise of the bloc, [234];
recent developments, [236]-240.
—Polish Party, [232].
—Privileges,
of members of Reichstag, [225].
—Proportional Representation,
in Württemberg, [278].
—Prussia,
in Confederation of 1815, [194]-195;
voting power in the Diet, [195]-196;
Bismarck's ministry, [199];
war with Austria, [200];
leadership of North German Bund, [200];
creation of German Empire, [201];
pre-eminence and special privileges, [207]-217;
position in Bundesrath, [218]-219;
regeneration in Napoleonic period, [246]-248;
repression of liberalism, [248];
diet of 1847, [249];
revolution of 1848, [249]-250;
formation of constitution, [250].
—Reichsgericht, [244].
—Reichsgesetzblatt, [215].
—Reichsland.
See [Alsace-Lorraine].
—Reichstag,
composition, [223];
electoral system, [224];
franchise, [225];
privileges of members, [225];
sessions and officers, [226];
committees, [226];
conduct of business, [227];
powers and franchise, [227]-228.
—Revolution of 1848,
in Germany, [198]-199;
in Prussia, [249]-250.
—Saxony,
made a kingdom, [194];
granted a constitution, [197];
governmental system, [276]-278.
—Social Democratic Party,
rise, [231];
growth, [232];
triumph in 1912, [236]-238;
present programme and character, [239]-240;
strength in Prussia, [260]-261.
—Sonderrechte, [208].
—Standeversammlung,
of Saxony, [277].
—Statthalter,
of Alsace-Lorraine, [286].
—Versailles,
William I. proclaimed emperor at, [193].
—Vienna, Congress of,
arrangements in Germany, [194].
—Vorparlament,
of 1848, [198].
—William I.,
proclaimed German Emperor, [193].
—Württemberg,
made a kingdom, [194];
granted a constitution, [197];
special privileges, [208];
governmental system, [278]-279.
—Zollverein,
rise, [197].
Great Britain.
See [England].

Hamburg,
governmental system, [280]-281.
Herrenhaus.
See [Prussia] and [Austria].
Herzegovina.
See [Austria-Hungary].
Holland:—
—Administration,
organization of province, [532]-533;
organization of commune, [533].
—Amendment,
process, [523].
—Assembly,
of province, [532].
—Batavian Republic,
established, [518].
—Belgium,
revolution in, [520];
independence of, [521].
—Commune,
organization, [533].
—Conservative Party, [529]-530.
—Constitution,
granted by William I., [519];
revision, [521]-522;
present character, [523];
process of amendment, [523].
—Council of commune, [533].
—Council of State, [524].
—Courts, [531]-532.
—Crown,
status and privileges, [523]-524;
powers, [525].
—Elections,
movement for reform, [526];
law of 1896, [527];
pending questions, [527]-528;
of 1903, [529]-530;
of 1909, [530].
—France,
Holland annexed to, [518].
—Franchise,
movement for liberalizing, [526];
law of 1896, [527];
pending questions, [527]-528.
—High Court, [531].
—Judiciary,
principles, [531];
courts, [531]-532.
—Liberal Party, [529]-530.
—Ministry,
composition, [524];
powers, [525].
—Napoleon,
relations with the Netherlands,> [517]-518.
—Parliament.
See [States-General].
—Parties,
rise, [529];
present alignment, [520];
elections of 1909, [530].
—Province,
organization, [532]-533.
—States-General,
composition of the houses, [526];
electoral system, [527]-528;
organization and powers, [528]-529;
political complexion, [530].
—Socialists, [529]-530.
—Vienna, Congress of,
arrangements respecting the Netherlands, [518].
—William I.,
king of the Netherlands, [518]-519;
grants constitution, [519]-520;
resists Belgian independence, [520]-521;
abdicates, [521].
—Woman's suffrage, [527]-528.
Holy Roman Empire,
terminated, [193].
House of Commons.
See [England].
House of Lords.
See [England].
House of Representatives.
See [Belgium].
Hungary:—
—Administration, [506]-507.
—Andrássy,
introduces electoral reform bill, [495].
—Andrew II.,
promulgates Golden Bull, [446]-447, [489].
—Árpáds,
dynasty of, [447].
—Ausgleich,
established, [458]-459;
and Hungarian political parties, [500].
—Austria,
establishment of control, [443];
encroachment by, [449]-450;
suppresses revolution of 1848, [455]-456;
constitutional experiments, [457]-468;
Ausgleich established, [458]-459.
—Bánffy,
ministry, [502].
—Banus,
of Croatia-Slavonia, [508].
—Chamber of Deputies,
composition, [493];
electoral system, [493]-494;
movement for electoral reform, [495]-496;
electoral procedure, [497]-498;
organization, [498];
powers, [499]-500.
—Constitution,
foundations, [446]-447;
development, [447]-448;
March Laws, [453]-454, [489];
character, [490].
—County,
origins, [506];
organization, [507].
—Courts, [505]-506.
—Croatia,
government, [507]-508.
—Crown.
See [King].
—Deák, Francis,
builds up Liberal party, [452];
voices demands of Hungary, [457];
retirement, [501].
—Elections,
present franchise, [493]-494;
movement for reform, [495];
reform bill of 1908, [495]-497;
procedure, [497]-498;
of 1905, [503].
—Franchise,
present system, [493]-494;
electoral reform bill of 1908, [495]-497.
—Golden Bull,
promulgated, [446]-447, [489].
—Hedérváry,
ministry, [504]-505.
—Independence,
proclaimed in 1849, [455].
—Judiciary.
See [Courts].
—King,
status, [491].
—Law, [505].
—Liberal Party,
origins, [452], [501]-502;
demands in 1860-1861, [457];
ascendancy, [501], [502].
—Magyars,
settlement in Europe, [445];
policies in 1848, [454];
number and domination of, [494].
—March Laws,
promulgated, [453].
—Metternich,
repressive policy, [452].
—Ministry,
composition and status, [491]-492.
—Mohács,
battle of, [448].
—Parliament,
composition, [492]-493;
electoral system, [493]-497;
organization and procedure, [497]-498;
powers [499]-500;
obstructionism in, [502]-505.
—Parliamentarism, [498].
—Parties,
and question of Ausgleich, [500];
rise of Liberals, [500]-501;
era of parliamentary obstructionism, [502]-505.
—Pragmatic Sanction,
promulgated, [449].
—Revolution of 1848, [453]-455.
—Settlement, [445].
—Slavonia,
government, [507]-508.
—Stephen I.,
receives crown from Pope, [446].
—Table of Magnates,
composition, [492]-493;
privileges, [493];
organization and procedure, [498];
powers, [499]-500.
—Tisza, István,
ministry, [503].
—Tisza, Kálman,
ministry, [501]-502.
—Turks,
invasions of, [448].
—Wekerle,
ministry, [504].

Initiative,
in Switzerland, [421], [432]-434.
Interpellation,
in Prussian Landtag, [265];
in French Chamber of Deputies, [314];
in Italian Chamber of Deputies, [380].
Ireland,
union of 1801, [40]-41;
allotment of parliamentary seats, [85];
over-representation, [89];
representative peers, [98]-99;
question of Home Rule, [150]-152.
Italy:—
—Administration,
patterned on French, [363];
nature and organization of province, [384];
nature and organization of commune, [385].
—Austria,
influence in Italy in eighteenth century, [353];
position after 1815, [358];
helps suppress revolution of 1848, [361];
Piedmontese-French alliance against, [362];
loss of Venetia, [364].
—Ballottaggio, [378].
—Bissolati,
political influence, [397].
—Bonaparte, Napoleon,
and the Cisalpine Republic, [354];
overthrows Genoese oligarchy, [354];
wins at Marengo, [355];
supervises revision of Italian constitutions, [355]-356;
crowned king of Italy, [356];
annexes Rome to France, [357];
prophecy of Italian unification, [359].
—Campo Formio,
treaty of, [354].
—Cassation,
courts of, [382].
—Catholics,
political activities, [400]-402.
—Cavour, Count,
policies, [362].
—Chamber of Deputies,
composition, [375];
franchise law of 1882, [376];
franchise to-day, [376]-377;
electoral procedure, [378];
qualifications and privileges of members, [378]-379;
organization, [379]-380;
procedure, [380]-381.
—Charles Albert I.,
becomes king of Piedmont, [360];
grants constitution in 1848, [360]-361;
abdicates, [361].
—Circondaro, [383].
—Cisalpine Republic, [353]-354.
—Code Napoléon,
established in Italy, [357].
—Committees,
of Parliament, [380].
—Commune,
nature and organization, [385].
—Conservative Party,
origins, [391];
lack of normal development, [398].
—Constitution,
of Cispadane Republic, [354];
of Transpadane Republic, [354];
of Ligurian Republic, [355];
of Roman Republic, [355];
of Parthenopæan Republic, [355];
revisions in 1802-1803, [355]-356;
of Napoleonic kingdom of Naples, [357];
proclaimed in Naples in 1820, [359];
proclaimed in Naples in 1848, [360]-361;
granted in Piedmont in 1848, [360]-361;
character of Statuto, [365]-367.
—Council,
of province, [384];
of commune, [385].
—Courts,
patterned upon the French, [381];
ordinary tribunals, [381]-382;
courts of cassation, [382];
administrative courts, [382]-383.
—Crispi,
ministries, [393], [394]-395.
—Crown,
status, [368];
civil list, [368];
powers and functions, [368]-369;
relation with ministers, [370].
—Depretis,
ministries, [392]-393.
—Elections,
development of laws regarding, [376];
franchise, [376]-378;
procedure, [378];
Catholic participation in, [400]-402;
of 1909, [402]-403.
—Extreme Left,
influence, [395];
groups of, [398].
—France,
relations with Italy during Napoleonic period, [354]-357;
allied with Piedmont, [362];
receives Savoy and Nice, [363];
withdrawal of troops from Rome, [364].
—Franchise,
prior to 1882, [375];
law of 1882, [376];
present regulations, [376]-377;
electoral reform, [377].
—Fortis,
ministry, [396].
—Garibaldi,
conquest of Sicily, [363].
—Genoa,
government remodelled, [354].
—Giolitti,
ministries, [394], [396]-398.
—Giunta,
of province, [384];
of commune, [385].
—Judiciary.
See [Courts].
—Italian Republic, [356].
—Interpellation, [380].
—Left,
origins, [391];
dominance, [392]-394;
prospects of harmony, [398].
—Liberal Party,
in control, [395].
—Ligurian Republic,
established, [354];
annexed to France, [356].
—Lombardy,
Austria's position in, [353], [358];
annexed to Piedmont, [363].
—Lunéville,
treaty of, [355].
—Luzzatti,
ministry, [396].
—Mandamento, [381].
—Milan,
Transpadane Republic inaugurated at, [354];
Napoleon crowned at, [356].
—Ministry,
composition, [369];
organization and functions, [370]-371;
ordinances, [371]-372.
—Naples,
invaded by French, [355];
Murat king of, [357];
revolution of 1820, [359];
revolution of 1848, [360]-361;
annexed to kingdom of Italy, [363].
—Napoleon.
See [Bonaparte].
—Nice,
ceded to France, [363].
—Non Expedit,
purpose and effect, [400]-401;
partial relaxation, [401]-402.
—Novara,
battle of, [361].
—Ordinances, [371].
—Papacy,
and revolution of 1848, [360]-361;
losses of territory to Piedmont, [362]-363;
and of temporal dominion, [387];
Law of Papal Guarantees promulgated, [388];
prerogatives, [388]-389;
relations with state, [389];
opposition to existing system, [390];
the Non Expedit, [400]-402.
—Papal Guarantees, Law of,
promulgated, [388];
contents and character, [388]-389;
papal attitude toward, [390].
—Parliament,
of united kingdom of Italy, [364];
composition, [372]-373;
legislative weakness of Senate, [373];
proposed reform of Senate, [373]-374;
composition of Chamber of Deputies, [375];
franchise, [376]-377;
electoral procedure, [378];
qualifications and privileges of members, [378]-379;
organization, [379]-380;
procedure, [380]-381.
—Parties,
rise of, [391];
rule of Radicals, [392]-394;
era of composite ministries, [395]-398;
lack of real conservatives, [398]-399;
groups of Extreme Left, [398];
rise of socialism, [399]-400;
effects of the Non Expedit, [401]-402;
elections of 1909, [402]-403.
—Parthenopæan Republic, [355].
—Piedmont,
incorporated with France, [355];
recovery in 1815, [358];
revolution of 1821, [360];
revolution of 1848, [360];
obtains constitution, [361];
accession of Victor Emmanuel II., [361];
ascendancy of, [362];
annexations of 1859-1860, [362].
—Pius IX.,
reforms, [360];
and revolution of 1848, [360]-361;
loss of temporal dominion, [387];
rejects Law of Guarantees, [390].
—Plombières,
agreement of, [362].
—Prefect, [384].
—Premier,
appointment, [369]-370.
—Pressburg,
treaty of, [356].
—Province,
nature and organization, [384].
—Radical Party,
origins, [391];
dominance, [392]-394.
—Republican Party,
weakness, [399].
—Revolution,
of 1820-1821, [359];
of 1848, [360].
—Right,
origins, [391];
loss of power, [392];
coalition with Left, [393].
—Risorgimento, [353].
—Roman Republic, [355].
—Rome,
republic established in 1798, [355];
annexed to France, [357];
annexed to kingdom of Italy, [364];
becomes capital of kingdom, [364].
—Rudini,
ministries, [394]-395.
—Sardinia, kingdom of.
See [Piedmont].
—Savoy,
ceded to France, [363].
—Scrutinio di lista,
established in 1882, [376].
—Senate,
composition, [372]-373;
legislative weakness, [373];
proposed reform, [373]-374;
privileges and powers, [375];
organization, [379];
procedure, [380]-381.
—Sindaco,
of commune, [385].
—Socialist Party,
rise and character, [399]-400.
—Sonnino,
ministries, [396]-397.
—Statuto,
granted, [360];
character, [365], [366]-367;
amendment, [365]-366.
—Transpadane Republic, [354].
—Treaties, [369].
—Turin,
kingdom of Italy proclaimed at, [364].
—Uffici, [380].
—Venice,
ceded to Austria, [354];
annexed to kingdom of Italy, [364].
—Vienna, Congress of,
settlement of Italian affairs, [358].
—Victor Emmanuel II.,
accession as king of Piedmont, [361];
building of Italian unity, [362]-364.
—Zanardelli,
ministry, [396].

Landsthing.
See [Denmark].
Landtag.
See [Prussia].
Law,
of England, [167]-169;
of Germany, [241]-242;
of France, [335]-339;
of Switzerland, [439];
of Hungary, [505].
London,
government, [190]-191.

Magna Carta,
importance and character, [9].
Ministry,
organization and status in Great Britain, [57]-70;
proceedings, [71]-73;
in German Empire, [213]-215;
in Prussia, [254]-256;
in France, [311]-314;
in Italy, [369]-372;
in Austria, [464]-465;
in Hungary, [491]-492;
in Holland, [524]-525;
in Belgium, [536]-537;
in Denmark, [560]-568;
in Norway, [580]-581;
in Sweden, [590]-591;
in Spain, [615]-616;
in Portugal, [635]-636, [644].

Netherlands.
See [Holland].
Non Expedit,
nature and effects, [400]-402.
Norway:—
—Administration,
organization, [588].
—Amtsthing, [588].
—Bernadotte,
and union with Sweden, [554], [573]-574.
—Commune,
organization, [588].
—Conservative Party, [585]-586.
—Constitution,
of Eidsvold, [574];
present form, [578];
amendment, [579].
—Consular Service,
question of, [576]-577.
—County,
organization, [588].
—Courts,
organization, [587]-588.
—Crown,
restoration of independence, [578];
status, [580];
powers, [580]-581;
question of veto, [584]-585.
—Denmark,
united with, [553], [572]-573;
separated from, [554].
—Eidsvold,
constitution of, [574].
—Elections,
method, [581];
franchise, [581]-582;
of 1909 and 1912, [587].
—Formaend, [588].
—Franchise,
development, [581]-582;
present system, [582].
—Haakon VII.,
crowned king, [578].
—Höiesteret, [587].
—Independence,
movement for in 1813-1814, [574];
achieved, [577]-578.
—Judiciary.
See [Courts].
—Kalmar,
union of, [553].
—Karlstad,
convention of, [578].
—Kiel,
treaty of, [554], [573], [575].
—Liberal Party,
growth, [585]-586.
—Lagthing.
See [Storthing].
—Michelsen,
ministry, [577].
—Ministry,
composition, [580];
functions, [580]-581.
—Odelsthing.
See [Storthing].
—Parliament.
See [Storthing].
—Parliamentarism, [581].
—Parties,
history to 1905, [585]-586;
status since 1905, [586]-587.
—Riksakt,
of 1815, [574]-575.
—Social Democratic Party, [587].
—Steen,
carries electoral reform, [581].
—Storthing,
composition, [581];
electoral system, [581]-582;
sessions and organization, [582];
powers and procedure, [583]-584.
—Sverdrup,
organizes first Liberal ministry, [585].
—Sweden,
union with established, [574];
nature of union, [574]-575;
friction with, [575]-576;
question of consular service, [576]-577;
separation from, [577]-578.
—Union.
See [Sweden].
—Veto,
power of, [584]-585.
—Woman's Suffrage,
status, [582].

Papacy.
See [Italy].
Parliament.
See [England], [France], [Italy], [Austria], etc.
Parliamentarism,
in Great Britain, [143];
in German Empire, [213];
in Prussia, [254];
in Austria, [464]-465, [480]-481;
in Hungary, [498];
in Belgium, [536]-537;
in Denmark, [560]-562;
in Norway, [581];
in Sweden, [591].
Parties,
rise in England, [38]-39;
history in England, [143]-166;
in Germany, [229]-240;
in France, [329]-333;
in Italy, [391]-402;
in Switzerland, [434]-437;
in Austria, [475]-483;
in Hungary, [500]-505;
in Holland, [529]-530;
in Denmark, [565]-568;
in Norway, [585]-587;
in Sweden, [592]-600;
in Spain, [620]-625;
in Portugal, [631]-633, [639]-642.
Plural vote,
in England, [88]-90;
in Austria, [468];
in Belgium, [550]-551.
Portugal:—
—Administration,
organization under monarchy, [638]-639;
under republic, [646].
—Arriaga, Manoel,
elected president, [642].
—Bonaparte, Napoleon,
subjugation by, [629].
—Braga, Theophile,
leader of provisional government, [641].
—Braganza, house of,
proscribed, [641]-642.
—Brazil,
relation with, [629].
—Chagas, João,
ministry, [642].
—Charter,
of 1826, [630];
revised, [631].
—Chartist Party, [630]-631.
—Commune,
organization, [638]-639.
—Congress,
composition and powers, [645]-646.
—Constitution,
of 1826, [630];
revision of 1852, [631];
character under monarchy, [634]-635;
of republic framed, [642]-643;
nature, [643];
amendment, [643].
—Cortes,
extinct at opening of nineteenth century, [629];
revival, [630]-631;
party strength under monarchy, [633]-634;
renewed in 1908, [634];
composition under monarchy, [636]-638.
—Council of Municipalities,
composition and powers, [645]-646.
—Courts,
under monarchy, [638];
under republic, [646].
—Crown,
status prior to 1910, [635]-636.
—Dictadura,
of France, [633]-634.
—District,
organization, [638]-639.
—Elections,
of 1906, [633];
system prior to 1910, [637];
of 1910, [640];
provision for in decree of 1911, [641]-642.
—Franchise,
under monarchy, [637];
under decree of 1911, [642].
—Franco,
dictatorship, [633]-634.
—House of Deputies,
under monarchy, [636]-637.
—House of Peers,
under monarchy, [636]-637.
—Judiciary.
See [Courts].
—Liberal Concentration,
of 1906, [633].
—Manoel II.,
overthrow, [641].
—Miguel,
assumption of crown, [630].
—Ministry,
status prior to 1910, [635]-636;
under the republic, [644].
—National Council,
composition and powers, [645]-646.
—Parties,
rivalries, [631]-632;
dictatorship of Franco, [633]-634;
elections of 1906, [633];
and revolution of 1910, [639]-642.
—Pedro IV.,
contest with Miguelists, [630].
—Pombal,
reforms, [629].
—President,
status and powers, [644].
—Progressive Party, [631]-634.
—Regenerador Party, [631]-634.
—Revolution of 1910,
origins, [639];
character and results, [640]-641.
—Rotativos, [632]-633.
—Septembrist Party, [631].
—Thomar, Count of,
ministry, [631].
President,
of France, [303]-312;
of Switzerland, [422]-424;
of Portugal, [644].
Proportional Representation,
in Würtemberg, [278];
movement for in France, [320]-324;
in Switzerland, [419], [433];
in Belgium, [543]-545;
in Denmark, [563].
Province,
in Prussia, [268]-270;
in Italy, [384];
in Austria, [485]-487;
in Holland, [532]-533;
in Belgium, [550]-551;
in Spain, [627].
Prussia
(see also [Germany] and [Austria]):—
—Abgeordnetenhaus,
composition, [258];
electoral system [258]-260;
question of electoral reform, [260]-263;
session and powers, [263]-264.
—Abtheilungen,
in Landtag, [264].
—Administration,
reform measures of Stein and Hardenberg, [265];
reforms of Bismarck, [266];
general principles, [267];
the province and its government, [268]-270;
the government district, [270]-271;
the circle, [271]-272;
the commune, [272]-273.
—Amendment,
of constitution, [252].
—Amtsgerichte, [243].
—Austria,
war with, [200].
—Bezirksausschuss, [270].
—Charlottenburg,
constitution promulgated at, [251].
—Circle.
See [Kreis].
—Civil List, [253].
—Committees,
in Landtag, [264].
—Commune,
organization, [272]-273.
—Constitution,
obstacles to establishment, [248];
promulgated, [250];
nature, [251];
amendment, [252].
—Crown,
status and power, [252].
—Diet,
of 1847, [249].
—Elections,
present system, [258]-260;
question of reform, [260]-263.
—Franchise, [258]-260.
—Frederick William III.,
and constitutionalism, [248]-250.
—Hardenberg,
reform measures, [247]-265.
—Herrenhaus,
original provisions of constitution concerning, [257];
law of 1853, [257];
composition to-day, [257]-258.
—Interpellation,
in Landtag, [265].
—Judiciary, [243]-244.
—Kreis,
organization, [271].
—Kreisausschuss, [271].
—Kreistag, [271].
—Landeshauptmann, [270].
—Landgerichte, [243].
—Landrath, [271].
—Landtag,
composition, [257]-258;
electoral system, [258]-260;
electoral reform, [260]-263;
sessions, [263];
powers, [264].
—Ministry,
composition, [254];
organization and workings, [255]-256;
subsidiary executive bodies, [256].
—Napoleon,
and Prussia, [246]-247.
—Oberlandesgerichte, [243].
—Oberpräsident, [269].
—Oberrechnungskammer, [256].
—Regierungsbezirk,
organization, [270]-271.
—Regierungspräsident, [270].
—Revolution of 1848, [249]-250.
—Schulze, [272].
—Social Democratic Party, [260]-261.
—Stadtrath, [273].
—Stein,
reform measures, [247], [265];
and Prussian local government, [265].
—Parliamentarism,
absence of, [254].
—Province,
origins and number, [268]-269;
organs of central administration, [269];
organs of self-government, [269]-270.
—Provinziallandtag, [270].
—Provinzialrath, [269].
—Volkswirthschaftsrath, [256].

Referendum,
Unionist proposal in Great Britain, [109];
in Swiss cantons, [419]-420;
in Swiss federal government, [430]-432.
Reichsrath.
See [Austria].
Republicanism,
in France, [297]-298, [302]-304, [329]-330;
in Italy, [399].
Rigsdag.
See [Denmark].
Riksdag.
See [Sweden].

Saxony,
made a kingdom, [194];
granted a constitution, [197];
governmental system, [276]-278.
Scotland,
union of 1707, [39]-40;
allotment of parliamentary seats, [85];
representative peers, [98]-99.
Senate.
See [France], [Italy], [Belgium], [Spain].
Social Democrats,
in German Empire, [231]-240;
in Prussia, [260]-261;
in France, [330]-334;
in Italy, [399]-400;
in Switzerland, [434]-436;
in Austria, [469]-470, [483];
in Holland, [529]-530;
in Belgium, [540]-548;
in Norway, [587];
in Sweden, [593]-595, [600];
in Spain, [625].
Spain:—
—Administration,
organization, [627]-628;
principles, [628].
—Alfonso XII.,
accession, [610].
—Amendment,
of constitution, [611].
—Ayuntamiento,
of commune, [628].
—Bonaparte, Napoleon,
conquest by, [603]-604.
—Cadiz,
Cortes convoked at, [604].
—Cánovas del Castillo,
ministries, [621]-622.
—Carlists, [606], [609], [620].
—Commune,
organization, [627].
—Congress of Deputies,
composition and election, [617]-618;
sessions and organization, [618]-619;
powers, [619]-620.
—Conservative Party,
character, [621], [625];
governments of, [621]-623.
—Constitution,
of 1812 drawn up, [604];
rescinded by Frederick VII., [605];
of 1834, [607];
of 1837, [607];
of 1845, [607]-608;
of 1869, [608];
of 1876, [611];
character and contents to-day, [611]-612.
—Cortes,
convened in 1810, [604];
drafts constitution of 1812, [604];
under constitution of 1812, [604];
under constitution of 1834, [607];
under constitution of 1837, [607];
under constitution of 1845, [608];
under constitution of 1869, [608]-609;
establishes republic, [609];
re-establishes monarchy, [610];
adopts constitution of 1876, [611];
composition to-day, [616]-618;
sessions and organization, [618]-619;
powers, [619]-620;
strength of parties, [624]-625.
—Council,
of province, [627];
of commune, [628].
—Courts,
organization, [626]-627.
—Crown,
rules of succession, [613];
regencies, [613]-614;
powers, [614]-615.
—Elections,
of senators, [617];
of deputies, [618];
of 1907 and 1910, [624]-625.
—Espartero,
regent, [607].
—Estatuto Real,
of 1834, [607].
—Isabella II.,
accession, [606];
declared of age, [608];
abdicates, [608].
—Ferdinand VII.,
reign, [605]-607.
—France,
intervention, [605].
—Franchise,
present system, [618].
—Governor,
of province, [627].
—Judiciary.
See [Courts].
—King.
See [Crown].
—Law, [626].
—Liberal Party,
character, [621], [625];
governments of, [621]-623.
—Maria Christina,
regency, [606]-607;
abdicates, [607].
—Maura,
ministries, [623]-624.
—Ministry,
composition, [615];
functions, [615]-616.
—Parliament.
See [Cortes].
—Parties,
beginnings, [620];
character of Liberals and Conservatives, [621]-622;
since 1903, [623]-624;
elections of 1910, [624]-625;
republicans and socialists, [625].
—Pragmatic Sanction,
of 1830, [606].
—Province,
organization, [627].
—Regency, [613]-614.
—Republic,
established, [609];
abolished, [610].
—Republican Party,
rise, [620];
present character, [625].
—Revolution of 1820, [605].
—Sagasta,
ministries, [621]-623.
—Salic Law,
rescinded, [606].
—Scrutin de liste,
in election of deputies, [618].
—Senate,
composition, [616];
appointment and election, [616]-617;
sessions and organization, [618]-619.
—Serrano,
regent, [609].
—Socialist Party,
character of, [625].
—Succession,
rules of, [613].
—Supreme Court, [626]-627.
States-General.
See [Holland].
Storthing.
See [Norway].
Sweden:—
—Administration,
organization, [601].
—Agricultural Party.
See [Landtmannapartiet].
—Amendment,
process, [589].
—Bernadotte,
and union with Norway, [554], [573]-574.
—Conservative Party,
and electoral reform, [592]-596;
long tenure of power, [599]-600.
—Consular Service,
question of, [576]-577.
—Constitution,
character, [572], [589];
amendment, [589].
—Constitutional Committee, [598].
—County,
organization, [601].
—Courts,
organization, [600]-601.
—Crown,
early status, [570]-571;
present basis, [590];
relations with ministry, [590]-591.
—Elections,
present system, [592];
movement for reform, [592]-596;
of 1908 and 1911, [600].
—Franchise,
present regulations, [592];
rise of movement for reform, [592]-593;
Conservative proposal of 1904, [593]-594;
Staaff project of 1906, [594]-595;
law of 1907-1909, [595]-596;
question of women's suffrage, [596];
bill of 1912, [596]-597.
—Gustavus III.,
rehabilitation of monarchy, [571].
—Gustavus IV.,
abdicates, [572].
—Högsta Domstolen,
organization and functions, [600]-601.
—Independence,
established, [570].
—Judiciary.
See [Courts].
—Karlstad,
convention of, [578].
—Kiel,
treaty of, [554], [573], [575].
—Landsthing,
of county, [601].
—Landtmannapartiet,
growth, [599].
—Liberal Party,
and electoral reform, [592]-596;
gains, [600].
—Lindman,
project for electoral reform, [595].
—Ministry,
composition, [590];
powers, [590]-591.
—Norway,
union with, [573]-574;
nature of union, [574]-575;
friction with, [575]-576;
question of consular service, [576]-577;
separation of, [577]-578.
—Parliament.
See [Riksdag].
—Parliamentarism, [591].
—Parties,
and electoral reform, [592]-596;
military and tariff questions, [598]-599;
history since 1891, [599]-600.
—Regerings-formen, of 1809,
promulgated, [572].
—Riksakt,
of 1815, [574]-575.
—Riksdag,
original character, [591];
reorganization in 1866, [591];
composition of chambers, [591]-595;
electoral system, [582];
movement for electoral reform, [592]-596;
organization and procedure, [597];
powers, [597]-598.
—Social Democratic Party,
and electoral reform, [593]-595;
gains, [600].
—Staaff,
project for electoral reform, [594].
—Statsrad.
See [Ministry].
—Supreme Court.
See [Högsta Domstolen].
—Union.
See [Norway].
—Women's Suffrage,
movement for, [596]-597.
Switzerland:—
—Act of Mediation, [407].
—Bezirksammann, [422].
—Bezirksrath, [422].
—Bonaparte, Napoleon,
promulgates Act of Mediation, [407].
—Bundesgericht,
nature and functions, [437]-438.
—Bundesrath.
See Federal Council.
—Canton,
constitutions liberalized, [409];
sovereignty, [412];
federal control, [412]-413;
powers exercised concurrently with Confederation, [414]-415;
variation of constitutions, [416];
the Landesgemeinde, [417]-418;
the Greater Council, [418]-419;
use of referendum, [419]-420;
use of initiative, [421];
the executive Council of State, [421];
local administration, [422];
the judiciary, [422].
—Centralism,
triumph in 1848, [410];
as a political issue, [434].
—Clerical Party,
character, [434]-435.
—Commune, [422].
—Confederation,
origins, [405];
composition in later eighteenth century, [406];
erected into Helvetic Republic, [406];
remodelled in 1803, [407];
reorganized in 1815, [408];
constitution of 1848 and 1874, [410];
nature, [411]-412;
control of cantons by, [412];
powers vested exclusively in, [413]-414;
powers denied, [414]-415;
general aspects, [415].
—Constitution,
of Helvetic Republic, [406]-407;
remodelled in 1803, [407];
of 1815, [408];
of cantons liberalized, [409];
of 1848, [410];
revision of 1874, [410];
nature of government established by, [411]-416;
amendment, [431]-432.
—Council of State,
executive agency in cantons, [421].
—Council of the States,
composition, [427];
compared with Senate of United States, [427]-428;
powers, [428]-429;
procedure, [429]-430.
—Courts,
of the cantons, [422];
absence of administrative tribunals, [425]-426;
the Bundesgericht, [437]-438;
Civil Code, [439].
—Diet,
of Confederation in 1803-1815, [407];
after 1815, [408].
—Elections,
of Federal Council, [423];
of National Council, [426];
of Council of the States, [428];
party conditions, [435]-437.
—Federal Assembly,
relations with Federal Council, [424]-425;
composition, [426];
powers, [428]-429;
procedure, [429]-430.
—Federal Court.
See [Bundesgericht].
—Federalism,
triumph of in 1803, [407];
in 1815, [408];
survival in present constitutional system, [411];
as a political issue, [434].
—Federal Pact, [408].
—Franchise, [426].
—Gemeindeversammlung, [422].
—Greater Council,
of the canton, [418]-419.
—Helvetic Republic,
creation and character, [406]-407.
—Initiative,
employment in cantons, [421];
in the federal government, [432]-434.
—Judiciary.
See [Courts].
—Landammann, [421]-422.
—Landesgemeinde, [417]-418.
—Law, [439].
—Left.
See [Radical Party].
—Liberal Party,
character, [435].
—National Council,
composition, [426];
organization, [427];
powers, [428]-429;
procedure, [429]-430.
—Parties,
prolonged ascendancy of Radicals, [434];
alignments to-day, [434]-435;
stability of groups, [435]-436;
inactivity, [436]-437.
—President,
election and functions, [422]-424.
—Proportional Representation, [419], [433].
—Radical Party,
prolonged ascendancy, [434];
present character, [434]-436.
—Referendum,
origins, [419];
operation in cantons, [419]-420;
optional form in federal government, [430]-431;
obligatory form, [431]-432.
—Right.
See [Clerical Party].
—Socialist Party,
rise, [434]-436.
—Sonderbund, [409].
—Vienna, Congress of,
disposition of Swiss affairs, [408].

Table of Magnates.
See [Hungary].

Woman's Suffrage,
in Great Britain, [91]-92;
in Holland, [527]-528;
in Norway, [582];
in Sweden, [596]-597.
Württemberg,
made a kingdom, [194];
granted a constitution, [197];
special privileges, [208];
governmental system, [278]-279.