II. As soon as the conviction that the general welfare demands a change
in our condition has made itself generally felt, law, the State, and
property will disappear spontaneously and give way to the new condition.
"Reform, under this meaning of the term, can scarcely be considered as
of the nature of action. [It is a general enlightenment.] Men feel their
situation; and the restraints that shackled them before, vanish like a
deception. When such a crisis has arrived, not a sword will need to be
drawn, not a finger to be lifted up in purposes of violence. The
adversaries will be too few and too feeble, to be able to entertain a
serious thought of resistance against the universal sense of
mankind."[113]
In what way may the change of our conditions take place?
1. "The opinion most popular in France at the time that the national
convention entered upon its functions, was that the business of the
convention extended only to the presenting a draft of a constitution, to
be submitted in the sequel to the approbation of the districts, and then
only to be considered as law."[114]
"The first idea that suggests itself respecting this opinion is, that,
if constitutional laws ought to be subjected to the revision of the
districts, then all laws ought to undergo the same process. [But if the
approbation of the districts to any declarations is not to be delusive,
the discussion of these declarations in the districts must be unlimited.
Then] a transaction will be begun to which it is not easy to foresee a
termination. Some districts will object to certain articles; and, if
these articles be modeled to obtain their approbation, it is possible
that the very alteration introduced to please one part of the community
may render the code less acceptable to another."[115]
"This principle of a consent of districts has an immediate tendency, by
a salutary gradation perhaps, to lead to the dissolution of all
government."[116] It is indeed "desirable that the most important acts
of the national representatives should be subject to the approbation or
rejection of the districts whose representatives they are, for exactly
the same reason as it is desirable that the acts of the districts
themselves should, as speedily as practicability will admit, be in force
only so far as relates to the individuals by whom those acts are
approved."[117]
2. This system would have the effect, first, that the constitution would
be very short. The impracticability of obtaining the free approbation of
a great number of districts to an extensive code would speedily manifest
itself; and the whole constitution might consist of a scheme for the
division of the country into parts equal in their population, and the
fixing of stated periods for the election of a national assembly, not to
say that the latter of these articles may very probably be dispensed
with.[118]
Public-domain text, read in full here on John Shaqi.
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