CONSTRUCTION. 



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des Debuts, which comes next to it, having only from 

 l.'J.OOO to 14,00 \ In the beginning-, a share of the 

 t'onstituticnnel cost 30,000 francs; now it costs 

 100,000. A great variety of topics is treated of in 

 this paper, embracing not only politics, but the 

 sciences and arts, and, as interesting to general 

 readers, it may be recommended in preference to 

 any other French newspaper. 



CONSTRUCTION, in politics, is the interpreta- 

 tion of the fundamental law of the state. Wherever 

 there is such a fundamental law, a difference of opi- 

 nion must exist respecting the meaning of certain 

 passages, as no phraseology but the mathematical is 

 capable of perfect precision. Such construction is 

 therefore a copious source of party strife. In several 

 states, there have been parties, which declared war 

 against all construction of the fundamental law, and 

 insisted upon the execution of its obvious meaning, 

 forgetting that this obvious meaning, as they called it, 

 was nothing but their own construction of its provi- 

 sions. Such difference of opinion must exist in 

 regard to every written code, political or religious. 

 Thus the Protestants declared, at the diet of Augs- 

 burg, that they would not allow any construction of 

 the Bible, since its obvious meaning expressed God's 

 will. The construction of the fundamental law, 

 then, wherever persons are united in one society, is 

 of vital importance, and particularly so in politics. 

 If the construction of the constitution, that is, the 

 declaration of its meaning in doubtful points, is un- 

 provided for, and left, as has been the case in 

 several of the modern monarchies, to the executive, 

 liberty may be considered as destitute of any bul- 

 wark. The United States of America are the first 

 state, at least of any magnitude, which has entrusted 

 the construction of the constitution, in cases of dispute 

 between the government and people, to a tribunal 

 provided by the instrument itself. This tribunal is 

 the supreme court of the United States. 



CONSUL; a name given, 1. to the two highest 

 magistrates in the republic of Rome, from whom it 

 passed to certain high officers under the emperors ; 

 2. the designation of the three highest magistrates of 

 the French republic, during a certain period ; 3. the 

 title, at present, of certain officers of a diplomatico- 

 commercial character. 



I. In Rome, after the kings had been expelled, 

 two consuls were placed at the head of the senate, 

 the body in whose hands was the administration of 

 the republic ; consul signifying adviser, counsellor. 

 These officers were to be annually elected. In 

 Greek, they were called v-rarai (the highest). Con- 

 suls were, at first, chosen only from among the 

 patricians ; at a later period, also from the plebeians. 

 In some cases both the consuls were plebeians, but 

 this was an exception to the general rule. In order 

 to be eligible to the consulship, the candidate was to 

 be forty-five years of age (atas consulates) . But this 

 law was frequently violated. Pompey was made 

 consul in his thirty-sixth, Valerius Corvus in his 

 twenty-third, Scipio Africanus, the elder, in his 

 twenty-eighth, and the youngest Scipio in his thirty- 

 eighth year. Nobody was to be re elected consul till 

 after an interval of ten years. But this law was also 

 disregarded ; Marius was re-elected immediately. 

 The candidate was required, by law, to be in Rome 

 at the time of the election ; but this law was not 

 better regarded than the others. The election of the 

 consuls took place in the comitia centuriata, in the 

 Camput Martins. One of the existing consuls pre- 

 sided. He who had most votes was called consul 

 prior. His name was the first in the fasti. He also 

 first received the fasces (q. v.), and usually presided 

 at the election of the magistrates for the next year. 

 Tiie time of election varied at different periods. The 



I consuls elect were called consulcs designati. They 

 entered on their office, on the first of January, by 

 sacrificing and praying in the capitol, after receiving 

 the congratulations ofthe senate and people. Within 

 five days afterwards, they were obliged to repeat the 

 oath which they had taken when elected, that they 

 would not injure the republic, and that they would 

 govern according to the laws. A similar oath that 

 they had so done, was required of them when they 

 left their office. The exterior marks of honour of 

 the consuls (insignia) were the same with those of 

 the former kings, excepting the crown ; and, instead 

 of a sceptre, they had a staff of ivory (scipio ebur- 

 neus). Their toga was lined with purple (toga prce- 

 texta] ; under the emperors, it was embroidered. 

 They sat upon an ornamented chair (sella curulis). 

 Twelve lictors, with the fasces and axes, preceded 

 them. In the beginning, the lictors, with fasces, 

 marched before each ; but Valerius Publica made a 

 law, that, in the city, they should precede only one. 

 After that time, the consuls enjoyed this honour re- 

 spectively, in alternate months. The one who was 

 not preceded by the fasces had a public slave going 

 before him (accensus), and the lictors following him. 

 The consul who was first elected, or who had most 

 children, or, if the number was equal, whose wife 

 was living, or who had most votes, first received the 

 fasces cum securibus. Whoever met the consul gave 

 way to him, uncovered his head, descended from his 

 horse, or rose, if he happened to be seated. If the 

 consul saw any one neglect this form of respect, he 

 ordered the lictor to punish him (animadvertere). 

 The annals of state were called fasti consulares, 

 and particular years were designated by the 

 names of the consuls then in office. Instead 

 of saying, for instance, A. U. C. 690, it was saidM. 

 Tullio Cicerone et L. Antonio consulibus ; hence nu- 

 merare multos consules, instead of multos annos. In 

 order to understand the authority of the consuls, it 

 must be kept in mind, that, in the time of the Roman 

 republic, the powers of the different branches of go- 

 vernment were by no means kept so distinct as with 

 us, and therefore much greater opportunity was then 

 afforded for the assumption of undue authority. Tiie 

 division of powers is one of the most important in- 

 ventions in the art of governing, and affords one of 

 the greatest protections of liberty ; much greater than 

 is afforded by republicanism, or any form of govern- 

 ment, without it. We find united in the consuls, to 

 a great degree, the executive, judiciary, and legisla- 

 tive functions. In the beginning of the republic, the 

 authority of the consuls was almost as great as that 

 of the preceding kings. They could declare war, 

 conclude peace, make alliances, and even order a 

 citizen to be put to death ; hence Cicero ascribes to 

 them regiam potestatem (Legg. iii. 3.) But Valerius 

 Publicola took the axe out of their fasces, that is 

 deprived them of their right over the lives of the 

 citizens, and left them, at least while in the city, only 

 the right to decree the punishment of scourging. 

 Without the city, when they had the command over 

 the army, they had the axe in \hefasces, that is, the 

 power to condemn to death. Publicola had a law en- 

 acted allowing appeals from the consuls to the peo- 

 ple. The greatest check was put upon the consular 

 power by the establishment of the tribunes of the peo- 

 ple, who had the right to oppose every measure of 

 the consuls. Yet their power remained very great. 

 They stood, in reality, at the head of the whole repub- 

 lic : all other officers were under them, the tribunes of 

 the people only excepted : they convoked the senate, 

 proposed what they thought fit, and executed the laws. 

 Laws proposed by them were generally called by 

 their name. They received all. despatches from the 

 provinces and foreign kings, and gave audit-nee to 



