《the origins of contemporary france-2》

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'56' Moniteur; sitting of October 23; 1789。  Speech by Treilhard;

October24th; speech by Garat; October 30; speech by Mirabeau。   On

the 8th of August; 1789; Al。  de Lameth says in the tribune: 〃When

an foundation was set up; it is to the nation; which the grant was

given。〃



'57' Duvergier; laws of August 18; 1792; August 8…14; 1793; July 11;

1794; July 14; 1792; August 24; 1793。



'58' Moniteur; sitting of July 31; 1792。  Speech of M。  Boistard;

the property of the hospitals; at this time was estimated at eight

hundred millions。   Already in 1791 (sitting of January 30th) M。

de Larochefoucauld…Liancourt said to the Assembly: Nothing will more

readily restore confidence to the poor than to see the nation

assuming the right of rendering them assistance。〃 He proposes to

decree; accordingly; that all hospitals and places of beneficence he

placed under the control of the nation。  (Mercure; February 12;

1791。)



'59' Moniteur; sitting of August 10; 1789。  Speech by Sieyès。  

The figures given here are deduced from the statistics already given

in the 〃Ancient Régime。〃



'60' Moniteur; v。  571。sitting of September 4; 1790。  Report of the

Committee on Finances   V。 675; sitting of September 17; 1790。

Report by Necker。



'61' A Revolutionary Government promissory bank note。  (SR。)



'62' Sauzay; I。  228 (from October 10; 1790; to February 20; 1791)。

〃The total weight of the spoil of the monastic establishments in

gold; silver; and plated ware; sent to the Mint amounted to more

than 525 kilograms (for the department)。〃



'63' Duvergier; law of October 8…14。



'64' Moniteur; sitting of June 3;1792。  Speech of M。  Bernard; in

the name of the committee of Public Assistance: 〃Not a day passes in

which we do not receive the saddest news from the departments on the

penury of their hospitals。〃  Mercure de France; December 17; 1791;

sitting of December 5。  A number of deputies of the Department of

the North demand aid for their hospitals and municipalities。  Out of

480;000 livres revenue there remains 10;000 to them。  〃The property

of the Communes is mortgaged; and no longer affords them any

resources。  280;000 persons are without bread。



'65' Sauzay; I。  252 (December 3; 1790。  April 13; 1791)。



'66' Moniteur; sitting of June 1; 1790。  Speeches by Camus;

Treilhard; etc。



'67' But on the assumption that all religion has been invented by

human beings for their own comfort or use; then what would be more

natural than clever rulers using their power to influence the

religious authorities to their own advantage。  (SR。)



'68' Ultramontane: Extreme in favoring the Pope's supremacy。  (SR。)



'69' Sauzay; I。  168。



'70' Personal knowledge; as I visited Besan?on four times between

1863 and 1867。



'71' Moniteur; sitting of May 30; 1790; and others following。

(Report of Treilhard; speech by Robespierre。)



'72' Duvergier; laws of July 12th…August 14th; November 14…25; 1790;

January 21…26; 1791。



'73' Moniteur; sitting of May 31; 1790。  Robespierre; in covert

terms; demands the marriage of priests。   Mirabeau prepared a

speech in the same sense; concluding that every priest and monk

should be able to contract marriage; on the priest or monk

presenting himself with his bride before the curé; the latter should

be obliged to give them the nuptial benediction etc。  Mirabeau

wrote; June 2; 1790: 〃Robespierre。。。  has juggled me out of my

motion on the marriage of priests。〃   In general the germ of all

the laws of the Convention is found in the Constituent Assembly。

(Ph。  Plan; 〃Un Collaborateur de Mirabeau;〃 p。56; 144。)



'74' Duvergier; laws of November 27th  December 26; 1790; February

5th; March 22nd; and April 5; 1791。   Moniteur; sitting of

November 6; 1790; and those that follow; especially that of December

27th。  〃I swear to maintain with all my power the French

Constitution and especially the decrees relating to the Civil

Constitution of the clergy。〃  Cf。  sitting of January 2; 1791;

speech by the Bishop of Clermont。



'75' Duvergier; law of May 7; 1791; to maintain the right of

nonjuring priests to perform mass in national or private edifices。

(Demanded by Talleyrand and Sieyès。)



'76' 〃Archives Nationales;〃 F7; 3235。  Letter of M。  de Chateau…

Randon; deputy of la Lozère; May 28; 1791。  After the decree of May

23rd; all the functionaries of the department handed in their

resignations。



'77' Duvergier; law of May 21…29; 1791。



'78' Sauzay; I。  366; 538 to 593; 750。   Archives Nationales;〃 F7;

3235; Letter of M。  de Chanteau…Randon; May 10; 1791。   Mercure;

April 23rd; and April 16; 1701。  Articles of Mallet du Pan; letter

from Bordeaux; March 20; 1791。



'79' Buchez and Roux; XII; 77。  Report of Gallois and Gensonné sent

to La Vendée and the Deux Sévres (July 25; 1791)。   〃 Archives

Nationales;〃 F7; 3253; letter of the Directory of the Bas…Rhin

(letter of January 7; 1792)。   〃 Le District de Machecoul de 1788

à 1793;〃 by Lallier。  〃 Histoire de Joseph Lebon;〃 by Paris。  

Sauzay; vol。  I。  and II。  in full。



'80' Mercure; January 15th; April 23rd; May 16th and 30th; June 1st;

November 23rd; 1791。   〃Le District de Machecoul;〃 by Lallier;

173。   Sauzay; I。  295。   Lavirotte; 〃Annales d'Arnay…le…Duc

(February 5; 1792)。   〃Archives Nationales;〃 F7; 3223。  Petition

of a number of the inhabitants of Montpellier; November 17; 1791。



'81' Duvergier; decree of November 29; 1791。   Mercure; November

30; 1791 (article by Mallet du Pan)。









CHAPTER III。  THE CONSTRUCTIONS … THE CONSTITUTION OF 1791。。



That which is called a Government is a concert of powers; each with

a distinct function; and all working towards a final and complete

end。  The merit of a Government consists in the attainment of this

end; the worth of a machine depends upon the work it accomplishes。

The important thing is not to produce a good mechanical design on

paper; but to see that the machine works well when set up on the

ground。  In vain might its founders allege the beauty of their plan

and the logical connection of their theorems; they are not required

to furnish either plan or theorems; but an instrument。



Two conditions are requisite to render this instrument serviceable

and effective。  In the first place; the public powers must harmonize

with each other; if not; one will neutralize the other; in the

second place they must be obeyed; or they are null。



The Constituent Assembly made no provision for securing this harmony

or this obedience。  In the machine which it constructed the motions

all counteract each other; the impulse is not transmitted; the

gearing is not complete between the center and the extremities; the

large central and upper wheels turn to no purpose; the innumerable

small wheels near the ground break or get out of order: the machine;

by virtue of its own mechanism; remains useless; over…heated; under

clouds of waste steam; creaking and thumping in such a matter as to

show clearly that it must explode。





I。



Powers of the Central Government。 … The Assembly on the partition of

power。 … Rupture of every tie between the Legislature and the King。

… The Assembly on the subordination of the executive power。 … How

this is nullified。 … Certainty of a conflict。 … The deposition of

the King is inevitable。



Let us first consider the two central powers; the Assembly and the

King。 … Ordinarily when distinct powers of different origin are

established by a Constitution; it makes; in the case of conflict

between them; a provision for an arbiter in the institution of an

Upper Chamber。  Each of these powers; at least; has a hold on the

other。  The Assembly must have one on the King: which is the right

to refuse taxation。  The King must have one on the Assembly: which

is the right of dissolving it。  Otherwise; one of the two being

disarmed; the other becomes omnipotent; and; consequently; insane。

The peril here is as great for an omnipotent Assembly as it is for

an absolute King。  If the former is desirous of remaining in its

right mind; it needs repression and control as much as the latter。

If it is proper for the Assembly to restrain the King by refusing

him subsidies; it is proper for him to be able to defend himself by

appealing to the electors。 … But; besides these extreme measures;

which are dangerous and rarely resorted to; there is another which

is ordinarily employed and is safe; that is; the right for the King

to take his ministers from the Chamber。  Generally; the leaders of

the majority form the ministry; their nomination being the means of

restoring harmony between the King and Assembly; they are at once

men belonging to the Assembly and men belonging to the King。

Through this expedient not only is the confidence of the Assembly

assured; since the Government remains in the hands of its leaders;

but also it is under restraint because these become simultaneously

both powerful and responsible。  Placed at the head of all branches

of the service; they are; before proposing it or accepting it; in a

position to judge whether a law is useful and practicable。  Nothing

is so healthy for a majority as a ministry composed of its own

chiefs; nothing is so effective in repressing rashness or

intemperance。  A railway conductor is not willing that his

locomotive should be deprived of coal; nor to have the rails he is

about to run on broken up。 … This arrangement; with all its

drawbacks and inconveniences; is the best one yet arrived at by

human experience for the security of societies against despotism and

anarchy。  For the absolute power which establishes or saves them may

also oppress or exhaust them; there is a gradual substitution of

differentiated powers; held together through the mediation of a

third umpire; caused by reciprocal dependence and an which is common

to both。



Experience; however; is unimportant to the mem
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