The first French Republic : $b A study of the origin and the contents of the declaration of the rights of man, of the constitution, and of the adoption of the republican form of government in 1792Conaway, Horace Mann
History
The first French Republic : $b A study of the origin and the contents of the declaration of the rights of man, of the constitution, and of the adoption of the republican form of government in 1792
Conaway, Horace Mann
Constitutional history -- France; France -- History -- Revolution, 1789-1799; Thesis (Ph. D.)
In this discussion we have shown that while the suggestion of a
Declaration of Rights came from the early American State Constitutions,
its content was French. Its internal resemblance to the American
instruments is attributable to the fact that the abuses to be feared
and the recognized political theories were the same in both countries.
In truth, France had greater reason to apprehend the return of the
long-endured abuses, from which she was even then endeavoring to
extricate herself, than had America. Likewise the fact that each country
had derived its democratic views from a common source—the teachings
of the English Puritans—largely explains the identity of the existing
political theories.
CONSTITUTION.
The States-General which met at Versailles, May 5, 1789, assumed in
the following June the name of National Assembly, and undertook the
formulation of a written constitution. According to the current views,
this epochal transformation was either a political freak of an old
monarchy, newly leavened with democratic ideas, or a manifestation of
the rare phenomenon of a nation’s being carried sympathetically in the
wake of a distant and new-born republic. But a careful consideration
of the events, institutions, and conditions of France previous to the
action of the National Assembly proves conclusively that the traditional
interpretations are not correct.
It is foreign to the province of the present paper to explore minutely
the shadowy historical region, whence arose the political institutions
of monarchical France, or to analyze exhaustively those institutions
themselves. It is sufficient to note that already at the beginning of the
XVII. century there had developed certain institutions with a normal mode
of procedure, that may justly be called a constitution, not embraced in
written documents, but one implied in the institutions and usages. The
leading features of that constituted government were four: the King, the
States-General, the _Conseil d’État_ and the _Parlements_.
The king was not only the executive, but the initiator of laws, and the
source of justice.
The States-General, judged by precedents, was an advisory body to the
king, about which there existed much uncertainty as to its composition,
its powers and its period of assembling. It was dependent upon the
monarch for convocation, and for the promulgation of the results of its
deliberations.[62]
The _Conseil d’État_, composed of the nobility, was, in a narrower
sense, the permanent advisory council of the king. In this body the
laws originated, and under its supervision the administration was
accomplished. It also had judicial functions, being superior to the
_Parlement_ as a _cour de cassation_ in civil cases.
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