The History of French Revolution. Taine Hippolyte
body should have its declaration constantly in mind."—Thus we are told to control all acts of application by the principle, and also we are provided with the rule by which we may and should accord, measure, or even refuse our submission to, deference for, and toleration of established institutions and legal authority.
What are these superior rights, and, in case of dispute, who will decide as arbitrator?—There is nothing here like the precise declarations of the American Constitution,2336 those positive prescriptions which serve to sustain a judicial appeal, those express prohibitions which prevent beforehand certain species of laws from being passed, which prescribe limits to public powers, which mark out the province not to be invaded by the State because it is reserved to the individual.
On the contrary, in the declaration of the national Assembly, most of the articles are abstract dogmas,2337 metaphysical definitions, more or less literary axioms, that is to say, more or less false, now vague and now contradictory, open to various interpretations and to opposite constructions, These are good for platform display but bad in practice, mere stage effect, a sort of pompous standard, useless and heavy, which, hoisted in front of the Constitutional house and shaken every day by violent hands, cannot fail soon to tumble on the heads of passers by.2338—Nothing is done to ward off this visible danger. There is nothing here like that Supreme Court which, in the United States, guards the Constitution even against its Congress, and which, in the name of the Constitution, actually invalidates a law, even when it has passed through all formalities and been voted on by all the powers; which listens to the complaints of the individual affected by an unconstitutional law; which stays the sheriff's or collector's hand raised against him, and which above their heads gives judgment on his interests and wrongs. Ill-defined and discordant laws are proclaimed without any provision being made for their interpretation, application or sanction. No means are taken to have them specially expounded. No district tribunal is assigned to consider the claims which grow out of them, to put an end to litigation legally, peacefully, on a last appeal, and through a final decision which becomes a precedent and fixes the loose sense of the text. All this is made the duty of everybody, that is to say of those who are disposed to charge themselves with it—in other words, the active minority in council assembled.—Thus, in each town or village it is the local club which, by the authorization of the legislator himself, becomes the champion, judge, interpreter and administrator of the rights of man, and which, in the name of these superior rights, may protest or rebel, as it seems best, not only against the legitimate acts of legal powers, but also against the authentic text of the Constitution and the Laws.2339
Consider, indeed, these rights as they are proclaimed, along with the commentary of the speaker who expounds them at the club before an audience of heated and daring spirits, or in the street to the rude and fanatical multitude. Every article in the Declaration is a dagger pointed at human society, and the handle has only to be pressed to make the blade enter the flesh.2340 Among "these natural and imprescriptible rights" the legislator has placed "resistance to oppression." We are oppressed: let us resist and take up arms. According to this legislator, "society has the right to bring every public agent of the Administration to account." Let us away to the Hôtel-de-Ville, and interrogate our lukewarm or suspected magistrates, and watch their sessions to see if they prosecute priests and disarm the aristocrats; let us stop their intrigues against the people; let us force these slow clerks to hasten their steps.—According to this legislator "all citizens have the right to take part in person, or through their representatives, in the formation of the law." There must thus be no more electors privileged by their payment of a three-franc tax. Down with the new aristocracy of active citizens! Let us restore to the two millions of proletarians the right of suffrage, of which the Constitution has unjustly defrauded them!—According to this legislator, "men are born and remain free, and equal in their rights." Consequently, let no one be excluded from the National Guard; let everybody, even the pauper, have some kind of weapon, a pike or gun, to defend his freedom!—In the very terms of the Declaration, "the law is the expression of the universal will." Listen to these clamors in the open streets, to these petitions flowing in from the towns on all sides; behold the universal will, the living law which abolishes the written law! On the strength of this the leader of a few clubs in Paris are to depose the King, to violate the Legislative Assembly and decimate the National Convention.—In other terms, the turbulent, factious minority is to supplant the sovereign nation, and henceforth there is nothing to hinder it from doing what it pleases just when it pleases. The operation of the Constitution has given to it the reality of power, while the preamble of the Constitution clothes it with the semblance of right.
VI.—Summary of the work of the Constituent Assembly.
Such is the work of the Constituent Assembly. In several of its laws, especially those which relate to private interests, in the institution of civil regulations, in the penal and rural codes,2341 in the first attempts at, and the promise of, a uniform civil code, in the enunciation of a few simple regulations regarding taxation, procedure, and administration, it planted good seed. But in all that relates to political institutions and social organization its proceedings are those of an academy of Utopians, and not those of practical legislators.—On the sick body entrusted to it, it performed amputations which were as useless as they were excessive, and applied bandages as inadequate as they were injurious. With the exception of two or three restrictions admitted inadvertently, and the maintenance of the show of royalty, also the obligation of a small electoral qualification, it carried out its principle to the end, the principle of Rousseau. It deliberately refused to consider man as he really was under its own eyes, and persisted in seeing nothing in him but the abstract being created in books. Consequently, with the blindness and obstinacy characteristic of a speculative surgeon, it destroyed, in the society submitted to its scalpel and its theories, not only the tumors, the enlargements, and the inflamed parts of the organs, but also the organs themselves, and even the vital governing centers around which cells arrange themselves to recompose an injured organ. That is, the Assembly destroyed on the one hand the time-honored, spontaneous, and lasting societies formed by geographical position, history, common occupations and interests, and on the other, those natural chiefs whose name, repute, education, independence, and earnestness designated them as the best qualified to occupy high positions. In one direction it despoils and permits the ruin and proscription of the superior class, the nobles, the members of Parliament, and the upper middle class. In another it dispossesses and breaks up all historic or natural corporations, religious congregations, clerical bodies, provinces, parliaments, societies of art and of all other professions and pursuits. This done, every tie or bond which holds men together is found to be severed; all subordination and every graduated scale of rank have disappeared. There is no longer rank and file, or commander-in-chief. Nothing remains but individual particles, 26 millions of equal and disconnected atoms. Never was so much disintegrated matter, less capable of resistance, offered to hands undertaking to mold it. Harshness and violence will be sufficient to ensure success. These brutal hands are ready for the work, and the Assembly which has reduced the material to powder has likewise provided the mortar and pestle. As awkward in destruction as it is in construction, it invents for the restoration of order in a society which is turned upside down a machine which would, of itself, create disorder in a tranquil society. The most absolute and most concentrated government would not be strong enough to effect without disturbance a similar equalization of ranks, the same dismemberment of associations, and the same displacement of property. No social transformation can be peacefully accomplished without a well-commanded army, obedient and everywhere present, as was the case in the emancipation of the Russian serfs by Emperor Alexander. The new Constitution,2342 on the contrary, reduces the