The French Revolution, vol 3 | Page 6

the public throat.[3]
As a beginning, the Constitution, so long anticipated and so often promised, is hastily fabricated:[4] declarations of rights in thirty- five articles, the Constitutional bill in one hundred and twenty-four articles, political principles and institutions of every sort, electoral, legislative, executive, administrative, judicial, financial and military;[5] in three weeks all is drawn up and passed on the double. -- Of course, the new Constitutionalists do not propose to produce an effective and serviceable instrument; that is the least of their worries. H��rault S��chelles, the reporter of the bill, writes on the 7th of June, "to have procured for him at once the laws of Minos, of which he has urgent need;" very urgent need, as he must hand in the Constitution that week.[6] Such circumstance is sufficiently characteristic of both the workmen and the work. All is mere show and pretense. Some of the workmen are shrewd politicians whose sole object is to furnish the public with words instead of realities; others, ordinary scribblers of abstractions, or even ignoramuses, and unable to distinguish words from reality, imagine that they are framing laws by stringing together a lot of phrases. -- It is not a difficult job; the phrases are ready-made to hand. "Let the plotters of anti-popular systems," says the reporter, "painfully elaborate their projects! Frenchmen . . . . have only to consult their hearts to read the Republic there!"[7] Drafted in accordance with the "Contrat-Social," filled with Greek and Latin reminiscences, it is a summary "in pithy style" of the manual of current aphorisms then in vogue, Rousseau's mathematical formulas and prescriptions, "the axioms of truth and the consequences flowing from these axioms," in short, a rectilinear constitution which any school-boy may spout on leaving college. Like a handbill posted on the door of a new shop, it promises to customers every imaginable article that is handsome and desirable. Would you have rights and liberties? You will find them all here. Never has the statement been so clearly made, that the government is the servant, creature and tool of the governed; it is instituted solely "to guarantee to them their natural, imprescriptible rights." [8] Never has a mandate been more strictly limited: "The right of expressing one's thoughts and opinions, either through the press or in any other way; the right of peaceful assembly, the free exercise of worship, cannot be interdicted." Never have citizens been more carefully guarded against the encroachments and excesses of public authority: "The law should protect public and private liberties against the oppression of those who govern . . . offenses committed by the people's mandatories and agents must never go unpunished. Let free men instantly put to death every individual usurping sovereignty. . . Every act against a man outside of the cases and forms which the law determines is arbitrary and tyrannical; whosoever is subjected to violence in the execution of this act has the right to repel it by force. . . 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."
To civil rights the generous legislator has added political rights, and multiplied every precaution for maintaining the dependence of rulers on the people. -- In the first place, rulers are appointed by the people and through direct choice or nearly direct choice: in primary meetings the people elect deputies, city officers, justices of the peace, and electors of the second degree; the latter, in their turn, elect in the secondary meetings, district and department administrators, civil arbitrators, criminal judges, judges of appeal and the eighty candidates from amongst which the legislative body is to select its executive council. -- In the second place, all powers of whatever kind are never conferred except for a very limited term: one year for deputies, for electors of the second degree, for civil arbitrators, and for judges of every kind and class. As to municipalities and also department and district administrations, these are one-half renewable annually. Every first of May the fountain-head of authority flows afresh, the people in its primary assemblies, spontaneously formed, manifesting or changing at will its staff of clerks. -- In the third place, even when installed and at work, the people may, if it pleases, become their collaborator: means are provided for "deliberating" with its deputies. The latter, on incidental questions, those of slight importance, on the ordinary business of the year, may enact laws; but on matters of general, considerable and permanent interest, they are simply to propose the laws, while, especially as regards a declaration of war, the people alone must decide. The people have a suspensive veto and, finally, a definitive veto, which they may exercise when they please. To this end, they