The first step taken by the Jacobins, after the defeat of their
opponents in the Convention, to conciliate public opinion in France,
was the proclamation of a new constitution. The 'Constitution of
'93,' which was destined never to come into force, was prepared
under the guidance of Hérault de Séchelles, and was hurried through
the Convention in the course of two or three weeks. More than any
other of the revolutionary constitutions, it was conceived in the
spirit of Rousseau, and embodied the Jacobin belief. In it the
passion for electoral devices, the suspicious dread of executive
power, the desire to refer every question to the immediate judgment
of the people, already familiar to the Jacobin ideal, found their
most positive expression. All rights, abstract and concrete, all
arrangements, legislative and executive, administrative and judicial,
military and financial, were restated and recast. All rulers, even
the executive council of state, were to be nominated by popular
election. All officials were limited to a very brief period of power.
The qualification for the exercise of the suffrage was made as simple
and as slight as possible, but by a somewhat curious exception to the
theory of direct popular control, the system of double election in the
case of most administrative officers was retained. Further, the powers
both of the Executive and of the legislature were jealously guarded by
a series of provisions, which gave the nation a veto on all important
measures, by directing that every question of moment should be
submitted to the assembled people. Never did any Parliament labour with
more misplaced ingenuity to reduce its governors to impotence and to
make their task impossible. 'The law,' declared the new constitution,
'must protect public and private liberties against the oppression of
those who govern. When the Government violates the people's rights,
insurrection is for the people, and for each portion of the people, the
most sacred of rights and the most indispensable of duties.'
Public-domain text, read in full here on John Shaqi.
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