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.)
The first expression, so far as I have noted, of the need of a more
definite political rampart against the crown was that of the Marquis de
Mirabeau and his brother. In 1754, the Marquis wrote to his brother:
“The more I consider the abuses of society and their remedy, the more I
return to what you said to me five years ago, ... that twelve principles
established in twelve lines, once written in the head of the Prince or
of his minister, and exactly followed in details, would correct and
regenerate everything.”[77] But this was only a solitary voice crying in
the wilderness; it neither found a response in the people, nor became the
determined policy of its enunciator.
The people, however, were awakening at least to the abuses of the _ancien
régime_, and were groping after a remedy. Books, dealing with the right
of insurrection, of the superiority of the nation to the crown, and with
the refutation of divine rights and passive obedience, were written, read
and discussed.[78] Humanitarian views, the theory of natural rights,
and, consequently, a sense of the importance of the third estate, gained
ground by degrees. Meanwhile the contest between the king and his
_Parlements_ continued. The Notables, called in 1787, affirmed that _the
imprescriptible right to determine financial questions belonged only to
the representatives of the nation_.[79] The States-General were called
for 1789,[80] Owing to the failure of the monarch or minister, purposely
or otherwise, to take the initiative, the radical element of the nation
were able to secure almost universal suffrage and the union of the orders
in one body. Judging from the _cahier_ and the pamphlets of 1788 and
1789, we infer that the consciousness of the inadequacy of the old French
Constitution was general.[81] The _cahiers_, upon the question of the
French Constitution, were moreover divided; some desired the preservation
of the old Constitution, some a declaration of the rights of the nation,
some a _charte_, while one formulated a new, complete constitution; on
the whole, a majority favored a more careful guarantee of the nation’s
rights.[82] The _cahiers_, it must be remarked, show a more perfect and
uniform programme of civil reform than of political.
The pamphlets of the day, being the expression of the convictions of
individuals, reveal more clearly the political thought of the radical
element. Count de Mirabeau’s _Lettres de cachet_, published in 1783,
may be regarded as among the earliest of such personal expressions.
Its attitude was rather negative than constructive. It attempted to
show that a despotism depended not at all upon the character of the
particular sovereign, but on the absence or insufficiency of laws; that
France without a veritable constitution was only a despotic state, and
that there is no mean between an absolute despotism and the absolute
reign of law.[83] In 1787, the Count declared, “What is necessary is a
constitution; France is ripe for the Revolution.”[84]
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