I now change my subject, and am glad to leave the scenes of the civil war and to return to the recollections of my parliamentary life. I wish to speak of what happened in the Committee for the Constitution, of which I was a member. This will oblige us to retrace our steps a little, for the appointment and work of this committee date back to before the days of June; but I did not mention it earlier, because I did not wish to interrupt the course of events which was leading us swiftly and directly to those days. The nomination of the Committee for the Constitution was commenced on the 17th of May; it was a long performance, because it had been decided that the members of the committee should be chosen by the whole Assembly and by an absolute majority of votes. I was elected at the first time of voting Although the committee had been nominated before the victory of June, almost all its members belonged to the different moderate sections of the Assembly. The Mountain had only two representatives on it: Lamennais and ConsidÉrant; and even these were little worse than chimerical visionaries, especially ConsidÉrant, who would have deserved to be sent to a lunatic asylum had he been sincere—but I fear he deserved more than that. Taking the Committee as a whole, it was easy to see that no very remarkable result was to be expected from it. Some of its members had spent their lives in conducting or controlling the administration during the last government. They had never seen, studied, or understood anything except the Monarchy; and even then they had, for the most part, applied rather than studied its principles. They had raised themselves but little above the practice of business. Now that they were called upon to realize the theories which they had always slighted or opposed, and which had defeated without convincing them, they found it difficult to apply any but monarchical ideas to their work; or, if they adopted republican ideas, they did so now timidly, now rashly, always a little at hap-hazard, like novices. As for the Republicans proper on the Committee, they had few ideas of any sort, except those which they had gathered in reading or writing for the All this bore very little resemblance to the men, so certain of their objects and so well acquainted with the measures necessary to attain them, who sixty years before, under Washington's presidency so successfully drew up the American Constitution. For that matter, even if the Committee had been capable of doing its work well, the want of time and the preoccupation of outside events would have prevented it. There is no nation which attaches itself less to those who govern it than the French Nation, nor which is less able to dispense with government. So soon as it finds itself obliged to walk alone, it undergoes a sort of vertigo, which makes it dread an abyss at every step. At the time I speak of, it had a sort of frenzied desire for the work of framing the Constitution to be completed, and for the powers in command to be, if not solidly, at least permanently and regularly established. The Assembly shared this eagerness, and never ceased urging us on, although we required but little urging. The recollection of the 15th of May, the apprehensions The discussion opened on the 22nd of May. The first question was to decide on which side we should tackle this immense work. Lamennais proposed to commence by regulating the state of the communes. He had proceeded in this way himself in a proposal for a Constitution which he had just published, so as to make certain of the first fruits of his discoveries. Then he passed from the question of sequence to that of the main point: he began to talk of administrative centralization, for his thoughts were incapable of sub-dividing themselves; his mind was always wholly occupied by a single system, and all the ideas contained in it adhered so closely together that, so soon as one was uttered, the others seemed necessarily to Thereupon the Committee took fire: Barrot, who, amid the clouds of his mind, always pretty clearly perceived the necessity for local liberty, eagerly supported Lamennais. I did the same; Marrast and Vivien opposed us. Vivien was quite consistent in defending centralization, for the movement of administrative affairs was his profession, and moreover he was quite naturally drawn towards it. He had all the qualities of a clever legist and an excellent commentator, and none of those necessary to a legislator or statesman. The danger in which he beheld the institutions so dear to him inflamed him; he grew so excited that he began to hold that the Republic, far from restraining centralization, ought even to increase it. One would have said that this was the side on which the Revolution of February pleased him. Marrast belonged to the ordinary type of French revolutionaries, who have always understood the liberty of the people to mean despotism exercised in the name of the people. This sudden harmony between Vivien and Marrast did not, therefore, surprise me. I was used to the phenomenon, and I had long remarked that the only way to bring a Conservative and a Radical together was to attack the power of the central government, not in applica When, therefore, people assert that nothing is safe from revolutions, I tell them they are wrong, and that centralization is one of those things. In France there is only one thing we can't set up: that is, a free government; and only one institution we can't destroy: that is, centralization. How could it ever perish? The enemies of government love it, and those who govern cherish it. The latter perceive, it is true, from time to time, that it exposes them to sudden and irremediable disasters; but this does not disgust them with it. The pleasure it procures them of interfering with every one and holding everything in their hands atones to them for its dangers. They prefer this agreeable life to a more certain and longer existence, and say, "Courte et bonne" like the rouÉs of the Regency: "A short life and a merry one." The question could not be decided that day; but it was settled in advance by the determination arrived at that we should not first occupy ourselves with the communal system. Next day, Lamennais resigned. Under the circumstances, an occurrence of this sort was annoying. It was bound to increase and rooten the prejudices already existing against us. We took very pressing and even somewhat humble steps to induce Lamennais to reconsider his resolve. As I had shared his opinion, I was deputed to go and see him and press One should especially consider an unfrocked priest if one wishes to acquire a correct idea of the indestructible and, so to speak, infinite power which the clerical habit and method of thought wield over those who have once contracted them. It was useless for Lamennais to sport white stockings, a yellow waistcoat, a striped necktie, and a green coat: he remained a priest in character, and even in appearance. He walked with short, hurried and discreet steps, never turning his head or looking at anybody, and glided through the crowd with an awkward, modest air, as though he were leaving the sacristy. Add to this a pride great enough to walk over the heads of kings and bid defiance to God. When it was found that Lamennais' obstinacy was not to be overcome, we proceeded with other business; and so that no more time might be lost in premature discussions, a sub-committee was appointed to draw up rules for the regulation of our labours, and to propose them to the Committee. Unfortunately, this sub-committee was so constituted that Cormenin, our chairman, was its master and, in reality, substituted himself for it. The permanent Like Lamennais, Cormenin had drawn up and published a Constitution after his own idea, and again, like the former, he expected us to adopt it. But he did not quite know how to put it to us. As a rule, extreme vanity makes the timidest very bold in speaking. Cormenin's did not permit him to open his mouth so soon as he had three listeners. He would have liked to do as one of my neighbours in Normandy did, a great lover of polemics, to whom Providence had refused the capacity of disputing viv voce. Whenever I opposed any of his opinions, he would hurry home and write to me all that he ought to have told me. Cormenin accordingly despaired of convincing us, but hoped to surprise us. He flattered himself that he would make us accept his system gradually and, so to speak, unknown to ourselves, by presenting a morsel to us every day. He managed so cleverly that a general discussion could never be held upon the Constitution as a whole, and that even in each case it was almost impossible to trace back and find the primitive idea. He brought us every day five or six clauses ready drawn up, and patiently, little by little, drew back to this little plot of ground all those who wished to escape from it. We resisted sometimes; but in the end, from sheer In the moments of repose which interrupted this fine work, Marrast, who was a Republican of the Barras type, and who had always preferred the pleasures of luxury, the table and women to democracy in rags, told us little stories of gallantry, while Nevertheless, there was one serious discussion. It referred to the system of a single Chamber. As a matter of fact, the two parties into which the Committee was silently divided only came to an issue on this one occasion. It was even less a question of the two Chambers than of the general character to be given to the new government: Were we to persevere in the learned and somewhat complicated system of counterpoises, and place powers held in check, and consequently prudent and moderate, at the head of the Republic? Or were we to adopt the contrary course and accept the simpler theory, according to which affairs are placed in the hands of a single power, homogeneous in all its parts, uncontrolled, and consequently impetuous in its measures, and irresistible? This was the subject-matter of the debate. This general question might have cropped up as the result of a number of other clauses; but it was better contained than elsewhere in the special question of the two Chambers. The struggle was a long one and lasted for two His principal reason for voting this time in favour of a single Chamber in the Legislative Body (and it was the best, I think, that could be found) was that, We were both in the right. The problem, thus propounded, was insolvable; but the nation propounded it thus. To allow the President the same power that the King had enjoyed, and to have him elected by the people, would make the Republic impossible. As I said later, one must either infinitely narrow the sphere of his power, or else have him elected by the Assembly; but the nation would hear of neither one nor the other. Dupin completed our defeat: he defended the single Chamber with surprising vigour. One would have thought that he had never held another opinion. I expected as much. I knew him to possess a heart that was habitually self-interested and cowardly, though subject at times to sudden leaps of courage and honesty. I had seen him for ten years prowling round every party without joining any, and attacking all the vanquished: half ape and half jackal, constantly biting, grimacing, gambolling, and always ready to fall upon the wretch who slipped. He showed himself in his true colours on the Committee of the Constitution, or rather he surpassed himself. I perceived in him none of those sudden leaps of which I have just spoken: he was uniformly commonplace from beginning to end. He usually remained silent while the majority were making up their minds; but as soon as he saw them pronounce in favour of democratic opinions, he rushed to place himself at their head, and often went far beyond them. Once, he perceived, when he had gone half-way, that the majority were not going in the direction he had thought; whereupon he immediately stopped short with a prompt and nimble effort of the intelligence, turned round, and hurried back at the same run towards the opinion from which he had been departing. Almost all the old members of Parliament pronounced in this way against the dual Chamber. Most of them sought for more or less plausible pre This signal defeat disinclined me a little to continue the struggle, and threw Barrot quite out of humour. He no longer appeared except at rare intervals, and in order to utter signs of impatience or disdain rather than opinions. We passed on to the Executive Power. In spite All were unanimous in the opinion that the Executive Power should be entrusted to one man alone. But what prerogatives and what agents should he be given, what responsibilities laid upon him? Clearly, none of these questions could be treated in an arbitrary fashion; each of them was necessarily in connection with all the others, and could, above all, be only decided by taking into special account the habits and customs of the country. These were old problems, no doubt; but they were made young again by the novelty of the circumstances. Cormenin, according to his custom, opened the discussion by proposing a little clause all ready drawn up, which provided that the head of the Executive Power, or the President, as he was thenceforward called, should be elected directly by the people by a relative majority, the minimum of votes necessary to carry his election being fixed at two millions. I believe Marrast was the only one to oppose it; he proposed that the head of the Executive Power should be elected by the Assembly: he was at that time intoxicated with his own fortune, and flattered himself, strange though this may seem to-day, that the choice of the Assembly would fall I remember that, during all the time that the Committee was occupied in this way, my mind was labouring to divine to which side the balance of Of all the ideas which I have expounded, not one was sifted by the Committee; I might even say that not one was discussed. Barrot one day touched upon them in passing, but did not linger over them. His mind (which was sleepy rather than feeble, and which was even able to see far ahead when it took the trouble to look) caught a glimpse of them, as it were, between sleeping and waking, and thought no more of them. I myself only pointed them out with a certain hesitation and reserve. My rebuff in the matter of the dual Chamber left me little heart for the fight. Moreover, I confess, I was more anxious to reach a quick decision, and place a powerful leader at the head of the Republic, than to organize a perfect republican Constitution. We were then under the divided and uncertain government of the Executive Committee, Socialism was at our gates, and we were To return to the Committee: unable and even unwilling to oppose the adoption of the principle, I endeavoured at least to make its application less dangerous. I first proposed to limit in various directions the sphere of the Executive Power; but I soon saw that it was useless to attempt anything serious on that side. I then fell back upon the method of election itself, and raised a discussion on that portion of Cormenin's clause which treated of it. The clause, as I said above, laid down that the President should be elected directly, by a relative majority, the minimum of this majority being fixed at two million votes. This method had several very serious drawbacks. Since the President was to be elected directly by the citizens, the enthusiasm and infatuation of the people was very much to be feared; and moreover, the prestige and moral power which the newly elected would possess would be much greater. Since a relative majority was to be sufficient to make the The first part of my amendment was rejected. I expected this: our great men were of opinion that this system was not sufficiently simple, and they considered it tainted with a touch of aristocracy. The second was accepted, and is part of the actual Constitution. Beaumont proposed that the President should not be re-eligible; I supported him vigorously, and the proposal was carried. On this occasion we both fell into a great mistake which will, I fear, lead to very sad results. We had always been greatly struck with the dangers threatening liberty and public morality at the hands of a re-eligible president, who in order to secure his re-election would infallibly employ beforehand the immense resources of constraint and corruption which our laws and customs Each moment we came up against centralization, and instead of removing the obstacle, we stumbled over it. It was of the essence of the Republic that the head of the Executive Power should be responsible; but responsible for what, and to what extent? Could he be made responsible for the thousand details of administration with which our administrative legislation is overcharged, and over which it would be impossible, and moreover dangerous, for him to watch in person? That would have been unjust and ridiculous; and if he was not to be responsible for the administration proper, who would be? It was decided that the responsibility of the President should be shared by the ministers, and that their counter-signature should be necessary, as in the days of the Monarchy. Thus the President was responsible, and yet he was not entirely free in his own actions, and he was not able to protect his agents in agents. We passed to the constitution of the Council of State. Cormenin and Vivien took charge of this; The only part of our work which was at all well thought out, and arranged, as I think, with wisdom, was that which related to justice. Here the committee felt at home, most of its members being, or having been, barristers. Thanks to these, we were able to save the principle of the irremovability of the judges; as in 1830, it held good against the current which swept away all the rest. Those who had been Republicans from the commencement attacked it nevertheless, and very stupidly, in my opinion; for this principle is much more in favour of the independence of one's fellow-citizens than of the power of those who govern. The Court of Appeal and, especially, the tribunal charged with judging political crimes were constituted at once just as they are to-day (1851). Beaumont drew up most of the articles which refer to these two great courts. What we did in these matters is far in advance of all that had been attempted in the same direction during sixty years. It is probably the only part of the Constitution of 1848 which will survive. It was decided at the instance of Vivien that the Constitution could only be revised by a Constituent Assembly, which was right; but they added I noticed casually a number of curious opinions that were emitted. Martin (of Strasburg), who, not content with being a Republican of yesterday, one day declared so absurdly in the tribune that he was a Republican by birth, nevertheless proposed to give the President the right to dissolve the Assembly, and failed to see that a right of this kind would easily make him master of the Republic; Marrast wanted a section to be added to the Council of State charged to elaborate "new ideas," to be called a section of progress; Barrot proposed to leave to a jury the decision of all civil suits, as though a judiciary revolution of this sort could possibly be improvised. And Dufaure proposed to prohibit substitution in the conscription, and to compel everyone personally to perform his military service, a measure which would have destroyed all liberal education In this way, pressed by time and ill prepared to treat such important subjects, we approached the time appointed for the end of our labours. What was said was: Let us adopt, in the meantime, the articles proposed to us; we can afterwards retrace our steps; we can judge from this sketch how to fix the definitive features and to adjust the portions among themselves. But we did not retrace our steps, and the sketch remained the picture. We appointed Marrast our secretary. The way in which he acquitted himself of this important office soon exposed the mixture of idleness, giddiness and impudence which formed the basis of his character. He was first several days without doing anything, though the Assembly was constantly asking to know the result of our deliberations, and all France was anxiously awaiting to learn it. Then he hurriedly wrote his report in one night immediately preceding the day on which he was to communicate it to the Assembly. In the morning, he spoke of it to one or two of his colleagues whom he met by chance, and then boldly appeared in the tribune and read, in the name of the Committee, a report of which hardly one of its members had heard a single word. This reading took place on the 19th of June. The draft of the Constitution contained one hundred and thirty-nine articles; it had been drawn up in less We had among us a workman (for in those days they put workmen into everything) called Corbon, a tolerably right-minded man of firm character. He readily undertook the task. On the next morning, therefore, so soon as the sitting of the Committee had opened, Corbon stood up and, with cruel simplicity and conciseness, gave Cormenin to understand what we thought. Cormenin grew confused, and cast his eyes round the table to see if anybody would come to his aid. Nobody moved. He then said, in a hesitating voice, "Am I to conclude from what has just happened that the Committee wishes me to leave it?" We made no reply. He took his Many have believed that Cormenin, who from a viscount had suddenly become a Radical, while remaining a devout Catholic, never ceased to play a part and to betray his opinions. I would not venture to say that this was the case, although I have often observed strange inconsistencies between the things he said when talking and those he wrote; and to tell the truth, he always seemed to me to be more sincere in the dread he entertained of revolutions than in the opinions he had borrowed from them. What always especially struck me in him was the shortcomings of his mind. No writer ever to a greater extent preserved in public business the habits and peculiarities of that calling. When he had established a certain agreement between the different clauses of a law and drawn it up in a certain ingenious and striking manner, he thought he had done all that was necessary: he was absorbed in questions of form, of symmetry, and cohesion. But what he especially sought for was novelty. Institutions which had already been tried elsewhere or elsewhen seemed to him as hateful as common |