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.)
Other pamphlets of 1788 and 1789 indicate a tendency to discuss
constitutional law from the historical and crudely comparative
standpoint, and to apply the conclusions to the present conditions,
but in the attempt to formulate their results, they are less clear
and coherent. One of these drawn up in 1789 devotes one hundred and
thirty-seven pages to the discussion of the influence of Montesquieu
in the present Revolution, and denounces him for not declaring boldly
that France was a despotism. It concluded that France has in reality no
constitution.[85]
How far the king meant that the States-General should possess a
constitutional character is difficult to determine. The Letter of Summons
repeatedly asserts the desire to affect a “fixed and constant order in
all parts of the administration.”[86] Mirabeau claimed that the king
himself had recognized “the necessity of giving France a fixed method
of government,”[87] and La Marck confirmed this declaration.[88] We
shall perhaps have attributed sufficient meaning to these hazy avowals
if we say that Louis XVI., partly from his paternal spirit, and partly
from a desire for relief from financial crises, meditated, in his more
liberal moods, granting the nation some sort of a _charter_, in the
formulation of which he wished the assistance of the States-General. This
resuscitated institution convened at Versailles, May 5, 1789.
The first months were occupied in the disputes over the verification of
the powers of the deputies. On May 28, a representative of the nobility,
Count de Crillon, said that “he was of the firm opinion that it was
less for maintaining than for establishing the Constitution that they
were called together.”[89] On June 15, Abbé Siéyès announced that those
whose powers had been verified represented ninety-six per cent. of the
nation, and suggested as a fitting name, “_Assemblée des représentants_.”
Mirabeau, at the same session, offered a series of resolutions that
provoked much discussion, one of which affirmed that their first duty was
“to agree upon and to fix legally the principles for the regeneration
of the kingdom, to assure the rights of the people, to adopt the basis
of a wise and useful constitution, and, to secure these rights from all
attempts, they shall be put under the safeguard of the legislative power
of the king and of the National Assembly.” Rabaud de Saint Étienne,
in another series of resolutions, expressed the same conviction.[90]
Two days later, the name “National Assembly” was adopted and an oath
taken “to fulfill with zeal and fidelity the duties which devolve upon
us.”[91] Debarred from the place usually occupied by the Assembly by the
carpenters who were at work upon it, the members of the third estate
held their meeting, June 20, in the Tennis Court at Versailles, and
there adopted the resolution which declared the National Assembly a
Constitutional Convention, and subscribed to the following, known as the
Public-domain text, read in full here on John Shaqi.
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