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第72章

the origins of contemporary france-2-第72章

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to take part in person; or through their representatives; in the

formation of the law。〃 There must thus be no more electors

privileged by their payment of a three…franc tax。  Down with the new

aristocracy of active citizens! Let us restore to the two millions

of proletarians the right of suffrage; of which the Constitution has

unjustly defrauded them! … According to this legislator; 〃men are

born and remain free; and equal in their rights。〃 Consequently; let

no one be excluded from the National Guard; let everybody; even the

pauper; have some kind of weapon; a pike or gun; to defend his

freedom! … In the very terms of the Declaration; 〃the law is the

expression of the universal will。〃 Listen to these clamors in the

open streets; to these petitions flowing in from the towns on all

sides; behold the universal will; the living law which abolishes the

written law! On the strength of this the leader of a few clubs in

Paris are to depose the King; to violate the Legislative Assembly

and decimate the National Convention。 … In other terms; the

turbulent; factious minority is to supplant the sovereign nation;

and henceforth there is nothing to hinder it from doing what it

pleases just when it pleases。  The operation of the Constitution has

given to it the reality of power; while the preamble of the

Constitution clothes it with the semblance of right。







VI。  Summary of the work of the Constituent Assembly。



Such is the work of the Constituent Assembly。  In several of its

laws; especially those which relate to private interests; in the

institution of civil regulations; in the penal and rural codes;'41'

in the first attempts at; and the promise of; a uniform civil code;

in the enunciation of a few simple regulations regarding taxation;

procedure; and administration; it planted good seed。  But in all

that relates to political institutions and social organization its

proceedings are those of an academy of Utopians; and not those of

practical legislators。 … On the sick body entrusted to it; it

performed amputations which were as useless as they were excessive;

and applied bandages as inadequate as they were injurious。  With the

exception of two or three restrictions admitted inadvertently; and

the maintenance of the show of royalty; also the obligation of a

small electoral qualification; it carried out its principle to the

end; the principle of Rousseau。  It deliberately refused to consider

man as he really was under its own eyes; and persisted in seeing

nothing in him but the abstract being created in books。

Consequently; with the blindness and obstinacy characteristic of a

speculative surgeon; it destroyed; in the society submitted to its

scalpel and its theories; not only the tumors; the enlargements; and

the inflamed parts of the organs; but also the organs themselves;

and even the vital governing centers around which cells arrange

themselves to recompose an injured organ。  That is; the Assembly

destroyed on the one hand the time…honored; spontaneous; and lasting

societies formed by geographical position; history; common

occupations and interests; and on the other; those natural chiefs

whose name; repute; education; independence; and earnestness

designated them as the best qualified to occupy high positions。  In

one direction it despoils and permits the ruin and proscription of

the superior class; the nobles; the members of Parliament; and the

upper middle class。  In another it dispossesses and breaks up all

historic or natural corporations; religious congregations; clerical

bodies; provinces; parliaments; societies of art and of all other

professions and pursuits。  This done; every tie or bond which holds

men together is found to be severed; all subordination and every

graduated scale of rank have disappeared。  There is no longer rank

and file; or commander…in…chief。  Nothing remains but individual

particles; 26 millions of equal and disconnected atoms。  Never was

so much disintegrated matter; less capable of resistance; offered to

hands undertaking to mold it。  Harshness and violence will be

sufficient to ensure success。  These brutal hands are ready for the

work; and the Assembly which has reduced the material to powder has

likewise provided the mortar and pestle。  As awkward in destruction

as it is in construction; it invents for the restoration of order in

a society which is turned upside down a machine which would; of

itself; create disorder in a tranquil society。  The most absolute

and most concentrated government would not be strong enough to

effect without disturbance a similar equalization of ranks; the same

dismemberment of associations; and the same displacement of

property。  No social transformation can be peacefully accomplished

without a well…commanded army; obedient and everywhere present; as

was the case in the emancipation of the Russian serfs by Emperor

Alexander。  The new Constitution;'42' on the contrary; reduces the

King to the position of an honorary president; suspected and called

in question by a disorganized State。  Between him and the

legislative body it interposes nothing but sources of conflict; and

suppresses all means of concord。  The monarch has no hold whatever

on the administrative departments which he must direct; the mutual

independence of the powers; from the center to the extremities of

the State; everywhere produces indifference; negligence; and

disobedience between the injunctions issued and their execution。

France is a federation of forty thousand municipal sovereignties; in

which the authority of legal magistrates varies according to the

caprice of active citizens。  These active citizens; too heavily

loaded; shy away from the performance of public duty; in which a

minority of fanatics and ambitious men monopolize the right to

speak; to vote; all influence; the power and all action。  They

justify their multiple ursurpations; their unbridled despotism; and

their increasing encroachments by the Declaration of the Rights of

Man。  The masterpiece'43' of ideal abstractions and of practical

absurdities is accomplished。  In accordance with the Constitution

spontaneous anarchy becomes legalized anarchy。  The latter is

perfect; nothing finer of the kind has been seen since the ninth

century。



______________________________________________________________________



Notes:



'1' The name for the dreaded secret Royal warrant of arrest。  (SR。)



'2' The initiative rests with the King on one point: war cannot be

decreed by the Assembly except on his formal and preliminary

proposition。  This exception was secured only after a violent

struggle and a supreme effort by Mirabeau。



'3' Speech by Lanjuinais; November 7; 1789。  〃We determined on the

separation of the powers。  Why; then; should the proposal he made to

us to unite the legislative power with the executive power in the

persons of the ministers?〃



'4' See the attendance of the Ministers before the Legislative

Assembly。



'5' 〃Any society in which the separation of the powers is not

clearly defined has no constitution。〃 (Declaration of Rights;

article XVI。) … This principle is borrowed from a text by

Montesquieu; also from the American Constitution。  In the rest the

theory of Rousseau is followed。



'6' Mercure de France; an expression by Mallet du Pan。



'7' Constitution of 1791; ch。  II。  articles 5; 6; 7。   Decree of

September 25 … October 6; 1791; section III。  articles; 8 to 25。



'8' Speeches by Barnave and Roederer in the constituent Assembly。 …

Speeches by Barnave and Duport in the Jacobin Club。



'9' Principal texts。  (Duvergier; 〃Collection des Lois et Decrets。〃)

… Laws on municipal and administrative organization; December 14 and

22; 1789; August 12…20; 1790; March 12; 1791。  On the municipal

organization of Paris; May 21st; June 27; 1790。 … Laws on the

organization of the Judiciary; August 16…24; 1790; September 16…29;

1791; September 29; October 21;

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