The constitutional committee had been elected on April 23 under different auspices, when the Convention was making terms with Charette and Cormatin, as well as with the foreign Powers. Sieyes, of necessity, was the first man chosen; but he was on the governing committee, and he declined. So did Merlin and Cambaceres, for the same reason, and the three ablest men in the assembly did not serve. Eleven moderate but not very eminent men were elected, and the draft was made chiefly by Daunou, and advocated by Thibaudeau. Daunou was an ancient oratorian, a studious and thoughtful if not a strong man, who became keeper of the archives, and lived down to 1840 with a somewhat usurped reputation for learning. Thibaudeau now began to exhibit great intelligence, and his writings are among our best authorities for these later years of the Republic and for the earlier years of the Empire. The general character of their scheme is that it is influenced more by experience than by theory, and strives to attach power to property. They reported on June 23; the debate began on July 4; and on the 20th Sieyes intervened. His advice turned mainly on the idea of a constitutional jury, an elective body of about one hundred, to watch over the Constitution, and to be guardians of the law against the makers of the law. It was to receive the plaints of minorities and of individuals against the legislature, and to preserve the spirit of the organic institutions against the omnipotence of the national representatives. This memorable attempt to develop in Europe something analogous to that property of the Supreme Court which was not yet matured in America, was rejected on August 5, almost unanimously. The Constitution was adopted by the Convention on August 17. It included a declaration of duties, founded on confusion, but defended on the ground that a declaration of rights alone destroys the stability of the State. And in matters touching religion it innovated on what had been done hitherto, for it separated Church and State, leaving all religions to their own resources. The division of powers was carried farther, for the legislative was divided into two, and the executive into five. Universal suffrage was restricted; the poorest were excluded; and after nine years there was to be an educational test. The law did not last so long. The electoral body, one in two hundred of the whole constituency, was to be limited to owners of property. The directors were to be chosen by the legislature. Practically, there was much more regard for liberty, and less for equality, than in the former constitutions. The change in public opinion was shown by the vote on two Houses which only one deputy opposed.