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 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; whi
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