ing the constitution of 1852 and the sénatus-consulte of December 25, 1852, provided that thereafter treaties that might stipulate for a modification of tariffs or postal rates should be binding only by virtue of a law.*0

40

§129. National Assembly of 1871-1875.-Upon the defeat at Sedan, a provisional Government of National Defense was formed, September 4, 1870, by whose authority military conventions were concluded and preliminary negotiations of peace conducted. Bismarck requested that the treaty of peace should have the sanction of a national assembly; and in the preliminary articles signed February 26, 1871, there was inserted an express provision for ratification by the National Assembly." From the meeting of the National Assembly in February, 1871, until the adoption of the Constitutional Laws in 1875, treaties were ratified on the authority of a law of the National Assembly. As the law authorized the ratification, it preceded that act.12

On March 13, 1873, the National Assembly voted to establish a second chamber and to determine upon the distribution of public powers. Accordingly, M. Dufaure, for the Thiers Government, on May 19 laid before the Assembly a plan, in which it was provided that the President should negotiate and ratify treaties, but that no treaty should be definitive until approved by the two chambers. M. Thiers was compelled to resign soon afterwards, and the project was not adopted. During the period of reaction, a project was, on May 15, 1874, presented by the Duc de Broglie. To the upper house, called the Grand Council, nearly one-half of whose members were to be appointed by the President for life, while most of the remainder were to be elected by the departments to serve for at least seven years, was given the ratification of all treaties negotiated by the President." An amendment made by the Assembly, which provided that the upper house should be entirely elective, rendered the plan unacceptable to

40 Art. X. Dalloz, (1869), pt. IV, 74.

41 Art. X. De Clercq's Recueil des Traités de la France, X, 435.

42 In the case of the two treaties with Germany, concluded October 12, 1871, the one concerning the evacuation of certain departments by that power, and the other concerning commercial relations with Alsace-Lorraine, the law appears to have preceded the negotiations. Id., X, 495, 496, 498.

43 Art. XIV. Journal Officiel, 3209, col. 2. 44 Art. XIX. Id., 3271, col. 3.

its authors, and it was not adopted. On May 18, 1875, M. Dufaure introduced a bill on the distribution of the public powers, Article VII of which, with the addition of clauses requiring the approval of the chambers for treaties of peace and those affecting the person and property of French citizens in foreign countries, was adopted as Article VIII of the Constitutional Law of July 16, 1875, which defines the treaty-making power in France at the present time.45

2. The Constitutional Law of July 16, 1875.

§130. Article VIII of the Constitutional Law.-Article VIII of the Constitutional Law of July 16, 1875 provides that the President of the Republic shall negotiate and ratify treaties. He is to give information in regard to them to the chambers as soon as the interest and safety of the state permit. Treaties of peace, of commerce, treaties that engage the finances of the state, those that relate to the status of persons and to the right of property of French subjects abroad, are not definitive until they have been voted by the two chambers. No cession, exchange, or annexation of territory can take place except by virtue of a law. The French law thus attempts to classify under five general heads the treaties that are to receive the approval of the legislature. Owing to the complex nature of the subject-matter of treaties, it is, however, necessary, in order to determine specifically what treaties are considered as so included, to examine the practice of the government. The legislative approval, in case it is required, is given in the form of a law authorizing the President to ratify the treaty and to cause it to be executed. It accordingly regularly precedes the exchange of ratifications and follows the signing of the treaty.

8131. Treaties of Peace.-The preliminary articles of peace with China, signed at Tien Tsin, May 11, 1884, were on May

45 Id., 3520, col. 1.

46 "Le Président de la République négocie et ratifie les traités. Il en donne connaissance aux Chambres aussitôt que l'intérêt et la sûreté de l'Etat le permettent. Les traités de paix, de commerce, les traités qui engagent les finances de l'Etat, ceux qui sont relatifs à l'état des personnes et au droit de propriété des Francais à l'étranger, ne sont définitifs qu'après avoir été votés par les deux Chambres. Nulle cession, nul échange, nulle adjonction de territoire ne peut avoir lieu qu'en vertu d'une loi." Bulletin des Lois, 12th series, No. 260. See for English translations, Annals of American Academy of Political and Social Science, III, sup. 166; Dodd, Modern Constitutions, I, 292. See also for French text, Brit. and For. State Papers, LXVII, 499.

20 communicated, together with explanations, to the chambers for their consideration." The definitive treaty of peace and commerce, signed June 9, 1885, was also submitted for legislative approval, which was given in the form of a law authorizing the President to ratify and carry it into effect. A similar law was passed by the Deputies, February 27, and by the Senate, March 6, 1886, approving the treaty of peace concluded with Madagascar, December 17, 1885.48 Treaties often fall within more than one class. The treaty with China, for instance, could also be classed as a treaty of commerce.

§132. Treaties of Commerce.-Under treaties of commerce are included not only those that directly affect the existing tariff rates, but also those for the general regulation of trade and intercourse. For instance, the general treaty of amity and commerce with Japan, signed August 4, 1896, was approved by the special law of January 13, 1898, prior to the exchange of ratifications on March 19, and the decree of promulgation of July 30.49 In the case of commercial treaties about to expire the approval of the chambers to their prolongation may be given in the form of a general law authorizing the President to secure an extension of the time for a period specified in the law; and agreements concluded accordingly are not submitted to the chambers for approval. On the authority of the law of August 4, 1879, agreements of this nature were reached with Great Britain, October 10; Belgium, October 18; Austria-Hungary, November 20; Sweden and Norway, November 25; Portugal, November 25; Italy, November 26; and Switzerland, November 29, 1879.50 By the law of December 29, 1891, the Government was authorized not only to extend provisionally the whole or parts of treaties of commerce about to expire, but also to apply in whole or in part the minimum tariff rates to products of countries maintaining a conventional tariff, provided that such countries should consent to apply to French products most-favored-nation' treatment."

47 De Clercq's Recueil des Traités de la France, XIV, 298, 300. 48 Id., XV, 922.

49 Id., XX, 550. Bulletin des Lois, LVII, 1197, No. 1987.

51

50 De Clercq's Recueil des Traités, XII, 476, 488, 490, 507, 509-511. See similar laws of July 20, 1881 and February 2, 1882, and the prolongation of treaties, Id., XIII, 59, 80-88, 235, 238, et seq.

51 Art. II, Id., XIX, 304. See also Art. IV of the law of April 5, 1898, Bulletin des Lois, No. 1969.

53

By virtue of this law a limited reciprocity in commerce was established by exchange of notes with Belgium, the Netherlands, Switzerland, Sweden and Norway, Greece, and Spain.52 To secure the advantages of the American tariff, so far as it was subject to executive regulation by section 3 of the general tariff act of 1890, the special law of January 27, 1893 was passed, authorizing the Government to apply certain minimum tariff rates to articles produced in the United States. The agreement concluded May 28, 1898, in which reciprocal tariff advantages were secured, was made effective by the President of France, without submission to the chambers, in virtue of existing laws,54 and by the President of the United States, without submission to the Senate, in virtue of section 3 of the act of July 24, 1897, Treaties securing commercial privileges with African tribes are frequently ratified and promulgated on executive authority. Commercial treaties entered into by the French government, acting in its suzerain capacity under the treaty of May 12, 1881, for Tunis, have not been submitted to the chambers for approval. The President of France, acting in his own name as well as in the name of his Highness the Bey, concluded a treaty of commerce, applying to Tunis, with the Italian government, September 28, 1896. The treaty having been approved by the President, was promulgated and put in force by a decree of the Bey, February 1, 1897, contersigned by the French minister resident in Tunis.55 Treaty relations were established between Tunis and various other countries in similar manner."

56

Telegraphic, postal-union, and monetary conventions, and those for the regulation of international railway traffic relate to trade and intercourse with foreign nations, although they may likewise involve the finances of the state. The ratification of the general convention for the regulation of international railway traffic, signed at Berne, October 14, 1890, was authorized by the law of

52 De Clercq's Recueil des Traités, XIX, 400, 403, 409, 457; XX, 94. 53 Id., XIX, 547.

54 Id., XXI, 379.

55 Id., XX, 596, 597.

56 Switzerland, October 14, 1896; Austria-Hungary, July 20, 1896; Russia, October 14, 1896; Germany, November 18, 1896; Belgium, January 2, 1897; Spain, January 12, 1897; Denmark, January 21, 1897; the Netherlands, April 3, 1897; Sweden and Norway, May 5, 1897; and Great Britain, September 18, 1897. Id., XX, 626, et seq.

57

December 29, 1891. An agreement with Italy signed January 20, 1879, relative to the establishment of international railroad stations; and three agreements signed with Belgium May 9, 1877, September 23, 1877, and February 20, 1878, relative to the construction and regulation of frontier railroads, were approved by laws.58 The approval of the telegraphic conventions signed at Paris, June 21, 1890, and at Budapest, July 22, 1896, was given in the laws of June 19, 1891, and June 28, 1897, respectively." The universal postal conventions signed at Paris, June 1, 1878, at Vienna, July 4, 1891, and at Washington, June 15, 1897, were approved, respectively, by the laws of December 20, 1878, April 13, 1892, and April 8, 1898.00 The monetary convention between France, Belgium, Greece, Italy and Switzerland, signed at Paris, November 5, 1878, as likewise the amendatory and supplementary conventions of November 6, 1885 and November 15, 1893, were approved by special laws. Conventions for the extradition of fugitives from justice, and those defining the duties and privileges of consuls are ratified on legislative authority.

$133. Treaties Involving the Finances.-Treaties for the guarantee of loans potentially involve the finances, and accordingly are submitted to the chambers for approval.62 The convention with the United States signed at Washington, January 15, 1880, for the examination and settlement by a mixed commission of claims of American citizens against France, arising out of the French operations against Mexico, the Franco-Prussian war, and the internal disturbances known as the "Insurrection of the Commune," and, on the other hand, of claims of citizens of France

57 Id., XVIII, 601.

58 Id., XII, 20, 41, 67, 376.

59 Id., XVIII, 392; XX, 433. See for special telegraphic and telephone conventions, and the dates of the laws approving them, Id., XVIII, 471, et seq.; XIX, 268, 283, 513.

60 Id., XII, 95; XIX, 114; XXI, 82. Examples may be found of special agreements to facilitate postal exchanges of an administrative character, which have been concluded and made effective without submission to the chambers. See the conventions signed January 17, 1894, with the Netherlands, and July 9, 1895, with Great Britain, (Id., XX, 109, 110, 259, 263), and arrangements with Great Britain of November 6 and 9, 1894, and December 2 and 9, 1895, (Id., XX, 181, 262).

61 Id., XII, 356; XV, 892; XX, 71.

62 For instance, the convention of March 29, 1898, to facilitate a Greek loan, was approved by the law of April 8, 1898. Id., XXI, 350.