《the origins of contemporary france-4》

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roughs (assommeurs) who are hardened by their calling; and those who

make all they can out of their offices。  None of this class are

scrupulous concerning human life or property ; for; as we have seen;

they have shaped the theory to suit themselves; and reduced popular

sovereignty to their sovereignty。  The commonwealth; according to the

Jacobin; is his; with him; the commonwealth comprises all private

possessions; bodies; estates; souls and consciences; everything

belongs to him; the fact of being a Jacobin makes him legitimately

czar and pope。  Little does he care about the wills of actually living

Frenchmen; his mandate does not emanate from a vote ; it descends to

him from aloft; conferred on him by Truth; by Reason; by Virtue。  As

he alone is enlightened; and the only patriot; he alone is worthy to

take command; while resistance; according to his imperious pride; is

criminal。  If the majority protests it is because the majority is

imbecile or corrupt; in either case; it deserves to be brought to

heel。  And; in fact; the Jacobin only does that and right away too;

insurrections; usurpations; pillaging; murders; assaults on

individuals; on judges and public attorneys; on assemblies; violations

of law; attacks on the State; on communities  there is no outrage

not committed by him。  He has always acted as sovereign instinctively

; he was so as a private individual and clubbist; he is not to cease

being so; now that he possesses legal authority; and all the more

because if he hesitates he knows he is lost; to save himself from the

scaffold he has no refuge but in a dictatorship。  Such a man; unlike

his predecessors; will not allow himself to be turned out; on the

contrary; he will exact obedience at any cost。  He will not hesitate

to restore the central power; he will put back the local wheels that

have been detached; he will repair the old forcing gear; he will set

it agoing so as to work more rudely and arbitrarily than ever; with

greater contempt for private rights and public liberties than either a

Louis XIV。  or a Napoleon。







II。    Jacobin Dissimulation。



Contrast between his words and his acts。  … How he dissimulates his

change of front。    The Constitution of June; 1793。  … Its promises

of freedom。



In the mean time; he has to harmonize his coming acts with his recent

declarations; which; at the first glance; seems a difficult operation:

for; in the speeches he has made he has already condemned the actions

he meditates。  Yesterday he exaggerated the rights of the governed;

even to a suppression of those of the government; to…morrow he is to

exaggerate the rights of the people in power; even to suppressing

those who are governed。  The people; as he puts it; is the sole

sovereign; and he is going to treat the people as slaves; the

government; as he puts it; is a valet; and he is going to endow the

government with prerogatives of a sultan。  He has just denounced the

slightest exercise of public authority as a crime; he is now going to

punish as a crime the slightest resistance to public authority。  What

will justify such a volte…face and with what excuse can he repudiate

the principles with which he justified his takeover?  He takes good

care not to repudiate them; it would drive the already rebellious

provinces to extremes; on the contrary; he proclaims them with renewed

vigor; through which move the ignorant crowd; seeing the same flask

always presented to it; imagines that it is always served with the

same liquor; and is thus forced to drink tyranny under the label of

freedom。  Whatever the charlatan can do with his labels; signboards;

shouting and lies for the next six months; will be done to disguise

the new nostrum; so much the worse for the public if; later on; it

discovers that the draught is bitter; sooner or later it must swallow

it; willingly or by compulsion: for; in the interval; the instruments

are being got ready to force it down 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。  Hérault Séchelles; 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 
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