History of the French Revolution from 1789 to 1814Mignet, M. (François-Auguste-Marie-Alexis)
History
History of the French Revolution from 1789 to 1814
Mignet, M. (François-Auguste-Marie-Alexis)
France -- History -- 1789-1815; France -- History -- Revolution, 1789-1799
These generalities being adopted, the assembly turned its attention to the
organization of the legislative power. This was one of its most important
objects; it was to fix the nature of its functions, and establish its
relations with the king. In this discussion the assembly had only to
decide the future condition of the legislative power. Invested as it was
with constituent authority, it was raised above its own decisions, and no
intermediate power could suspend or prevent its mission. But what should
be the form of the deliberative body in future sessions? Should it remain
indivisible, or be divided into two chambers? If the latter form should be
adopted, what should be the nature of the second chamber? Should it be
made an aristocratic assembly, or a moderative senate? And, whatever the
deliberative body might be, was it to be permanent or periodical, and
should the king share the legislative power with it? Such were the
difficulties that agitated the assembly and Paris during the month of
September.
If we consider the position of the assembly and its ideas of sovereignty,
we shall easily understand the manner in which these questions were
decided. It regarded the king merely as the hereditary agent of the
nation, having neither the right to assemble its representatives nor that
of directing or suspending them. Accordingly, it refused to grant him the
initiative in making laws and dissolving the assembly. It considered that
the legislative body ought not to be dependent on the king. It moreover
feared that by granting the government too strong an influence over the
assembly, or by not keeping the latter always together, the prince might
profit by the intervals in which he would be left alone, to encroach on
the other powers, and perhaps even to destroy the new system. Therefore to
an authority in constant activity, they wished to oppose an always
existing assembly, and the permanence of the assembly was accordingly
declared. The debate respecting its indivisibility, or its division, was
very animated. Necker, Mounier, and Lally-Tollendal desired, in addition
to a representative chamber, a senate, to be composed of members to be
appointed by the king on the nomination of the people. They considered
this as the only means of moderating the power, and even of preventing the
tyranny of a single assembly. They had as partisans such members as
participated in their ideas, or who hoped to form part of the upper
chamber. The majority of the nobility did not wish for a house of peers,
but for an aristocratic assembly, whose members it should elect. They
could not agree; Mounier's party refusing to fall in with a project
calculated to revive the orders, and the aristocracy refusing to accept a
senate, which would confirm the ruin of the nobility. The greater portion
of the deputies of the clergy and of the commons were in favour of the
unity of the assembly. The popular party considered it illegal to appoint
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