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Chapter 19
Page: 266-287
Examining the old French constitution; a critique of the new French constitution
A thousand times I heard it said, "France doesn't have a constitution! A constitution is needed! We now have made a constitution - it is a masterpiece!". So, let us examine whether or not France had a constitution, and then we will have a look at this new masterpiece.
The French constitution is as old as the monarchy of the Francs. It was a work of wisdom and the result of experience.
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Three orders: the clergy, the nobility and the third state, formed the basis of this constitution. These three orders combined to keep in a delicate balance the scale of subordination without which society cannot be maintained. It did not allot to any of these orders any particular right; it left the door of employment open to all the classes, and if one abused this article, it was an abuse that could be easily remedied. In any case, where is there a social pact which has no flaws?
It granted public protection to all property and to all individuals. Consequently, in the temple of justice, all the inequities (absolutely essential in civil society), whether in rank or wealth, disappeared. This is so true that a man of low standing could plead against the agents of the king, and the sovereign could lose the court case if the employees in the administration of his domains were in the wrong.
Thus the sovereign himself was even subordinate to the law. These laws and forms were inviolable - something even the authorities could not alter or circumvent. They prescribed conditions regarding the establishment of taxes;
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they entrusted the premier magistrates with enacting the laws, executing them, and apprising the monarch about them.
They placed the fundamental laws of the state under the safeguard of the three orders in order to prevent revolutions which are always cruel, bloody, and destructive. Then precautions were multiplied to make the people enjoy a monarchical government, which is to say, paternal and non-despotic. This constitution protected simultaneously both the cottage and the palace; personal freedom and public safety; the rights of the throne and the security of the state.
Nothing reveals better the wisdom of this constitution, perfect in its principle and perfect in its details, than its longevity. It had been cemented and consolidated over 1400 years. Thus it was the hands of time which strengthened it.
So, there was no constitution! What nonsense! On this vague assertion we are to believe that France was without a constitution? And nobody bothered to examine this falsehood! And 1200 chosen men, starting with a false premise, are expected to operate an absolutely useless new creation?
This constitution did exist,
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and its demolition is striking proof of its existence. Then as soon as it was overturned, property, public safety and freedom vanished into its debris, and tyranny oppressed the French people.
Now let's examine this masterpiece, this new constitution, its execution and its effects...
Observation on some articles of the French constitution given by the constituent assembly, September 3, 1798.
Constitutional Article:
All citizens are admissible to public offices without distinction as to virtue and talents.
Observation:
The impossibility of this article is to be found within the constitution itself since it refers to active and nonactive citizens. To be an active citizen, conditions are imposed which cannot be met by a man with the greatest merit.
Constitutional Article:
The constitution guarantees to everyone the freedom to travel through, stay, or leave without being arrested, accused or detained.
Observation:
As a consequence of this fine principle, one is prevented from exiting at the borders; circulation within the interior has been blocked, and travellers have been obstructed.
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Constitutional Article:
The freedom to speak, write, or print one's thoughts, and the exercise of religious worship to which these are attached;
The freedom to assemble peacefully;
The freedom to address the authorities through petitions individually signed.
Observation:
Freedom of speech is now destroyed, along with the freedom to write and think. Churches have been plundered, peaceful assemblies have been forbidden, and individually-signed petitions have been returned to the authors since they were construed to be criticisms of what has been done.
Constitutional Article:
The legislative power cannot make any law which undermines or impedes the exercise of natural rights... But the law can provide restraints against acts which attack
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public safety or the rights of others, being harmful to society.
Observation:
With similar constraints the door to despotism is opened.
Constitutional Article:
The constitution guarantees the inviolability of property, or the just and prior compensation of that for which the public need, legally constituted, would require its surrender.
Observation:
Despite the justice of this principle, feudal rights have been abolished without compensation, and plundering was authorized.
Constitutional Article:
Goods which formerly were used in the public service belong to the state.
Observation:
Property ownership is therefore not guaranteed since one needs only one historical research to usurp it. This article is dreadful.
Constitutional Article:
The kingdom of France is divided into Eighty-three departements, each departement into districts, each district into cantons.
Observation:
Never was this division required. It very unnecessarily complicates the workings of the state. Moreover, there were provincial interests
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which deserved consideration with respect to contracts and conditions which were unalterable. Furthermore, each division becomes an isolated unit which is very dangerous.
Constitutional Article:
The civic oath is: I swear to be faithful to the nation, the law and the king; to maintain the constitution of the kingdom, issued by the national assembly, in 1789, 1790 and 1791.
Observation:
A constitution is not a religious sect with articles 'cast in stone'. One must be subject to the law, but it should be permissible to point out its defects in order to improve it. I should be within the law when I write proofs that it is bad, or when I request some reformation in it...
Constitutional Article:
Sovereignty is one and indivisible. It belongs to the nation. No segment of the people can assume the exercise of it.
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Observation:
These articles present neither definitions nor ideas regarding the nature of sovereignty. The nation, made up of eight million families, obviously cannot be assembled en masse. Therefore, in place of such an impossible gathering, a formidable body of malcontents opposed to government pose as representatives of 'sovereignty'.
Constitutional Article:
The state, which alone has powers, can exert them only through delegation.
Observation:
In other words, the state is nothing, but its deputies are all-powerful sovereigns.
Constitutional Article:
The French constitution is representative.
Observation:
What is a representative constitution? It is necessary to define such a thing! And where is the sovereignty of the people if the representatives choose to ignore those who are represented? This inconsistency is remarkable.
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What nonsense! The people are told: "You are sovereign; you have the right to accept or refuse our constitution. But we will give you one who, as your representative, effectively releases you from having to answer the question. Your job, therefore, is to simply submit to his will." Such is the nature of a representative constitution.
Constitutional Article:
The government is monarchical.
Observation:
Not at all! The government is absolutely separate from the monarch. The king cannot even make military regulations even though the military is his responsibility. He is the supreme head of the army. So, the constitution calls for a man called a monarch, but there is no establishment of a monarchical government. There is thus a contradiction between the constitution and what in fact comes forth.
(275)
Constitutional Article:
The national assembly, forming the legislative body, is permanent and is made up of only one chamber. It is formed, every two years, by new elections. Each two year period, will form a legislature.
Observation:
This article is sufficient to give birth to periodic revolutions. It will unite all the government powers in the same hands. It will make possible the punishment of innocent people and the protection of culprits. Also, too much haste in the formulation of new laws, and a useless multiplicity. A two-year term is too short. It will expose the state to the harmful effects of inexperience.
(276)
Constitutional Article:
The renewal of the legislative body will make full one's rights.
Observation:
Make full one's rights! Nothing can be done to uphold rights through a constitution. A world of experience having been given, rights should simply be upheld without being written down.
Constitutional Article:
The legislative body cannot be dissolved by the king.
Observation:
The right to dissolve destroyed the danger of despotism. And this is not what was wanted.
Constitutional Article:
To be an active citizen, it is necessary to be French;
to be at least 25 years old;
to pay a contribution of three working days;
to not be in domesticity;
to be registered in the municipality of one's residence;
to have proclaimed the civic oath.
Observation:
This article contradicts human rights since all citizens are supposed to qualify for public office without distinction or discrimination.
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Constitutional Article:
The primary assemblies will name the electors in proportion to the number of active citizens resident in the city or canton.
Observation:
This is badly thought-out. Absentees should not be counted. This article will favour cabals.
Constitutional Article:
All active citizens, some from their state, could be selected as representatives of the nation.
Observation:
In other words, a large party could, either as a joke or other inducement, elevate a cobbler to become a representative who can neither read nor write. This is extravagant!
Constitutional Article:
The exercise of judicial functions will be incompatible with those of the nation's representatives.
Observation:
It follows that a judge must quit his tribunal to become a representative. But who will plead against a dominating voter if a judge assumes the role of a deputy? This is tantamount to putting a false weight in the balance of Thémis.
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Constitutional Article:
The functions of the primary assemblies are confined to the vote.
Observation:
Every assembly of the people can therefore institute that which one cannot prevent, and is a great defect in the law.
Constitutional Article:
On the last day of May, a given number of representatives will assemble as the national legislative body.
Observation:
By this means, the legislature can become a sovereign council, the worst and most despotic of governments.
Constitutional Article:
The person of the king is inviolable and sacred.
Observation:
How can a king be inviolable and sacred when he can be insulted with impunity?
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Constitutional Article:
If the king puts himself at the head of an army and directs his forces against the nation, it will be assumed that he has abdicated.
Observation:
What does one understand by 'the nation'? If it consists of a rebellious portion, then to subjugate it is a duty. But in the case envisaged, what fraction of the nation constitutes who is right or wrong? Who will be the judge? Will it be the legislative body that decides? If so, it will inevitably declare the king to be the rebel! A law where force alone must decide, is useless.
Constitutional Article:
The heir apparent to the crown of France will bear the title of 'royal Prince'.
Observation:
But there is a treaty made with Humbert, dauphin of Vienna, by which the heir to the crown of France must bear the title of 'dauphin'. It is only by virtue of this treaty that Dauphiné belongs to France. Nothing can excuse this infringement.
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Constitutional Article:
The members of the national assembly, etc. cannot be promoted to become a minister, neither can they receive any public office, gifts, pensions, perks or commissions of the executive power during the tenure of their functions, nor during two years after they have ceased the exercise of it.
Observation:
Jealousy alone brought this article about. What! A man of transcendent merit in administration cannot be employed for two years! This is absurd.
Constitutional Article:
The king is the supreme head of the administration of the kingdom. He is the supreme head of the Army and Navy.
Observation:
Provided that he doesn't administer the kingdom, and provided that decisions regarding the reduction or increase of the armed forces are made by the legislative body.
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Constitutional Article:
To him is delegated the care and external security of the kingdom, to uphold its rights and possessions.
Observation:
Provided that his oversight is absolutely subordinate; that he will not conclude any treaty; and that the only power rests in the hands of the legislative body.
Constitutional Article:
The executive power cannot make any law, even one that is provisional.
Observation:
With a similar organization, it is clear that the executive power is effectively nil.
There must be ordinances because, without them, a government cannot function. But, by a reversal of ideas and words, it is found that any regulation, ordinance, order, or petition is called a 'law'. Here are a few examples of this inconceivable abuse.
One sees posters with the following message:
Law relating to the workshops of Bar-le-Duc.
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Law placing a demand for compensation on the Bach brothers enterprise.
Law which orders the king to distribute weapons. This one is really cute, and must be read in order to believe it.
Here it is:
"Louis, by the grace of God and the constitutional law of the state, king of France,"
"the assembly decrees that the king be requested to deliver from military arsenals, under the administration of the departement, 50 thousand rifles, intended for the armament of the national guards, etc, etc. These orders to be conveyed through all the courts, administrative bodies, and municipalities, such that they are transcribed on their registers, read, published and posted in their respective jurisdictions and departments, and executed as a law of the kingdom. In witness whereof we (signed and countersigned) these presents to which we affix the seal of state".
Can anything be more ridiculous than to call 'law' a simple request for the king to distribute some weapons to the army? can anyone imagine anything more insane, than forcing the king to say, "I am instructed by my national assembly to order you to distribute weapons to my armed forces and I charge the legally-constituted bodies to publish, as a law of the kingdom, this request for weapons distribution."
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Following a similar format the king was made to say, "I request and order that those who stopped me at Varennes be rewarded..."
But let us now consider some more constitutional articles.
Constitutional Article:
Administrations have nothing to do with representation; they are simply agents elected to exert under the oversight and authority of the king, the administrative functions.
Observation:
The departements, districts and municipalities are, however, despotic creations. They involve themselves with legislative powers; they assumed judicial functions, and even undertook military provisions. The commune of Pris even claimed to have the right to excercise the policing of the kingdom.
Constitutional Article:
The king alone can maintain political relations with the outside.
Observation:
Infamy was pushed to the point where the dispatches of official couriers were opened.
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Constitutional Article:
The judicial power can be, under no circumstance, exerted by the legislative body, nor by the king.
Observation:
However, the assembly seized the judiciary while the departements claimed to control the courts.
Constitutional Article:
Slander and insults against some, that is relating to their private life, will be punished on their continuation.
Observation:
The quays and boulevards were plastered with vitriolic slander against the king and queen, and yet no one sought to uncover the authors or distributors of them.
Constitutional Article:
The king's police commissioners will denounce attacks against personal freedom, as well as attacks against the free movement of grains and other objects of trade, and attacks against the people's rights.
Observation:
All these attacks were made with impunity. The refuges of proprietors were violated; they were plundered, and no denunciations took place afterwards.
(285)
Constitutional Article:
No one can be investigated or pursued for having written or caused some matter to be published.
Observation:
Those who publish the silent orders, the cabals of the assembly, are persecutors. It isn't permissible to see clearly into the workings of this dark chamber.
Constitutional Article:
No member of the police force can enter the house of a citizen, if it isn't for the execution of a police search warrant.
Observation:
All rascals in uniform could enter anywhere with impunity in order to plunder, steal, kill, and set fires. To justify every possible crime it was sufficient to say, "I'm a patriot; I'm pursuing the aristocracy!"
Constitutional Article:
No armed body can plot any action.
Observation:
However, soldiers were allowed to conspire in driving out their officers, or even to kill them.
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Constitutional Article:
The French nation renounces undertaking any war with a view to conquest. It will never employ force against liberty.
Observation:
The French nation declares war, publishes bans and post-bans, and then by force sacrifices all its youth to the ambition of dominating the universe. Everywhere it sends apostles to preach insurrection. It seized Avignon.
Constitutional Article:
The French colonies and possessions in Asia, Africa, America, are not undertaken in the present constitution.
Observation:
Iron and flame were carried over there. Negros were armed, resulting in much destruction.
Constitutional Article:
The censure of government powers is allowed.
Observation:
Those who dared to censure the national assembly were designated 'aristocrats' - a designation which brought upon them the cruelest of violences. This word, uinintelligible for the people, meant everything that one wanted to hear. An aristocrat was a monster who had to be killed. The aristocrat is depicted on the boulevards as a creature vomitting snakes. All the good women went to to see this figure and said, "I saw the aristocrat..." Poor people! The hell of Michelangelo formerly produced the same impression.
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Constitutional Article;
No one can be detained in prison if he gives a sufficient guarantee.
Observation:
This law never went into effect. Never was there a guarantee that could save an alleged aristocrat from persecution.
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