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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 may assemble in extraordinary session; one…fifth of the
citizens who have the right to vote suffice for their convocation。
Once convoked; the vote is determined by a Yes or a No on the act
proposed by the legislative body。 If; at the expiration of forty
days; one…tenth of the primary assemblies in one…half of the
departments vote No; there is a suspensive veto。 In that event all
the primary assemblies of the Republic must be convoked and if the
majority still decides in the negative; that is a definitive veto。
The same formalities govern a revision of the established
constitution。 In all this; the plan of the 〃Montagnards〃 is a
further advance on that of the Girondins; never was so insignificant a
part assigned to the rulers nor so extensive a part to the governed。
The Jacobins profess a respect for the popular initiative which
amounts to a scruple。'9' According to them the sovereign people should
be sovereign de facto; permanently; and without interregnum; allowed
to interfere in all serious affairs; and not only possess the right;
but the faculty; of imposing its will on its mandatories。 All the
stronger is the reason for referring to it the institutions now being
prepared for it。 Hence the Convention; after the parade is over;
convokes the primary assemblies and submits to them for ratification
the Constitutional bill has been drawn up。
III。
Primary Assemblies。 … Proportion of Absentees。 Unanimity of the
voters。 Their motives for accepting the Constitution。 Pressure
brought to bear on voters。 … Choice of Delegates。
The ratification will; undoubtedly; be approved。 Everything has been
combined beforehand to secure it; also to secure it as wanted;
apparently spontaneously; and almost unanimously。 The primary
assemblies; indeed; are by no means fully attended; only one…half; or
a quarter; or a third of the electors in the cities deposit their
votes; while in the rural districts there is only a quarter; and
less。'10' Repelled by their experience with previous convocations the
electors know too well the nature of these assemblies; how the Jacobin
faction rules them; how it manages the electoral comedy; with what
violence and threats it reduces all dissidents to voting either as
figurants or claqueurs。 From four to five million of electors prefer
to hold aloof and stay at home as usual。 Nevertheless the
organization of most of the assemblies takes place; amounting to some
six or seven thousand。 This is accounted for by the fact that each
canton contains its small group of Jacobins。 Next to these come the
simple…minded who still believe in official declarations; in their
eyes a constitution which guarantees private rights and institutes
public liberties must be accepted; no matter what hand may present it
to them。 And all the more readily because the usurpers offer to
resign; in effect; the Conve