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… Cf。  Lafayette; 〃Mémoires;〃 and Madame Campan; 〃Mémoires。〃



'39' 〃Procédure Criminelle du Chatelet。〃 Deposition 24。  A number of

butcher…boys run after the carriages issuing from the Petite…Ecurie

shouting out; 〃Don't let the curs escape!〃



'40' 〃Procédure Criminelle du Chatelet。〃 Depositions 101; 91; 89;

and 17。  M。 de Miomandre; a body…guard; mildly says to the ruffians

mounting the staircase: 〃My friends; you love your King; and yet you

come to annoy him even in his palace!〃



'41' Malouet; II。  2。  〃I felt no distrust;〃 says Lafayette in 1798;

〃the people promised to remain quiet。〃



'42' 〃Procédure Criminelle du Chatelet。〃 Depositions 9; 16; 60; 128;

129; 130; 139; 158; 168; 170。  M。 du Repaire; body…guard; being

sentry at the railing from two o'clock in the morning; a man passes

his pike through the bars saying; 〃You embroidered b。  。  。  ; your

turn will come before long。〃 M。 de Repaire; 〃 retires within the

sentry…box without saying a word to this man; considering the orders

that have been issued not to act。〃



'43' 〃Procédure Criminelle du Chatelet。〃 Depositions 82; 170 

Madame Campan。  II。  87。  De Lavalette; I。33。  Cf。  Bertrand de

Molleville; Mémoires。〃



'44' Duval;〃 Souvenirs de la Terreur;〃 I。  78。 (Doubtful in almost

everything; but here he is an eye…witness。  He dined opposite the

hair…dresser's; near the railing of the Park of Saint…Cloud。)  M。

de Lally…Tollendal's second letter to a friend。  〃At the moment the

King entered his capital with two bishops of his council with him in

the carriage; the cry was heard; 〃Off to the lamp post with the

bishops!〃



'45' De Montlosier; I。 303。  Moniteur; sessions of the 8th; 9th;

and 10th of October。  Malouet; II。  9; 10; 20。  Mounier;

Recherches sur les Causes; etc。;〃 and 〃Addresse aux Dauphinois。〃



'46' De Ferrières; I。  346。 (On the 9th of October; 300 members have

already taken their passports。) Mercure de France; No。  of the 17th

October。  Correspondence of Mirabeau and M。 de la Marck; I。 116;

126; 364。



'47' Correspondence of Mirabeau and M。 de la Marck; I。175。 (The

words of Monsieur to M。 de la Marck。)









BOOK SECOND。   THE CONSTITUENT ASSEMBLY; AND THE RESULT OF ITS

LABORS。



CHAPTER I。



THE CONSTITUENT ASSEMBLY。 … CONDITIONS REQUIRED FOR THE FRAMING OF

GOOD LAWS。



Among the most difficult undertakings in this world is the

formulation of a national constitution; especially if this is to be

a complete and comprehensive work。   To replace the old structures

inside which a great people has lived by a new; different;

appropriate and durable set of laws; to apply a mold of one hundred

thousand compartments on to the life of twenty…six million people;

to construct it so harmoniously; adapt it so well; so closely; with

such an exact appreciation of their needs and their faculties; that

they enter it of themselves and move about it without collisions;

and that their spontaneous activity should at once find the ease of

familiar routine; … is an extraordinary undertaking and probably

beyond the powers of the human mind。   In any event; the mind

requires all its powers to carry the undertaking out; and it cannot

protect itself carefully enough against all sources of disturbance

and error。   An Assembly; especially a Constituent Assembly;

requires; outwardly; security and independence; inwardly; silence

and order; and generally; calmness; good sense; practical ability

and discipline under competent and recognized leaders。   Do we find

anything of all this in the Constituent Assembly?



 I。





These conditions absent in the Assembly … Causes of disorder and

irrationality … The place of meeting … The large number of deputies

… Interference of the galleries … Rules of procedure wanting;

defective; or disregarded。… The parliamentary leaders …

Susceptibility and over…excitement of the Assembly … Its paroxysms

of enthusiasm。 … Its tendency to emotion。   …It encourages

theatrical display … Changes which these displays introduce in its

good intentions。



 We have only to look at it outwardly to have some doubts about it。

At Versailles; and then at Paris; the sessions are held in an

immense hall capable of seating 2;000 persons; in which the most

powerful voice must be strained in order to be heard。   It is not

calculated for the moderate tone suitable for the discussion of

business; the speaker is obliged to shout; and the strain on the

voice communicates itself to the mind; the place itself suggests

declamation; and this all the more readily because the assemblage

consists of 1;200; that is to say; a crowd; and almost a mob。   'At

the present day (1877); in our assemblies of five or six hundred

deputies; there are constant interruptions and an incessant buzz;

there is nothing so rare as self…control; and the firm resolve to

give an hour's attention to a discourse opposed to the opinions of

the hearers。  What can be done here to compel silence and

patience? Arthur Young on different occasions sees 〃a hundred

members on the floor at once;〃 shouting and gesticulating。

〃Gentlemen; you are killing me!〃 says Bailly; one day; sinking with

exhaustion。 Another president exclaims in despair; 〃Two hundred

speaking at the same time cannot be heard; will you make it

impossible then to restore order in the Assembly?〃 The rumbling;

discordant din is further increased by the uproar of the

galleries。'1'



 〃In the British Parliament;〃 writes Mallet du Pan; 〃I saw the

galleries cleared in a trice because the Duchess of Gordon happened

unintentionally to laugh too loud。〃



Here; the thronging crowd of spectators; stringers; delegates from

the Palais…Royal; soldiers disguised as citizens; and prostitutes

collected and marshaled; applaud; clap their hands; stamp and hoot;

at their pleasure。   This is carried to so great an extent that M。

de Montlosier ironically proposes 〃to give the galleries a voice in

the deliberations。〃'2' Another member wishes to know whether the

representatives are so many actors; whom the nation sends there to

endure the hisses of the Paris public。  Interruptions; in fact; take

place as in a theater; and; frequently; if the members do not give

satisfaction; they are forced to desist。  On the other hand; the

deputies who are popular with this energetic audience; on which they

keep and eye; are actors before the footlights: they involuntarily

yield to its influence; and exaggerate their ideas as well as their

words to be in unison with it。   Tumult and violence; under such

circumstances; become a matter of course; and the chances of an

Assembly acting wisely are diminished by one…half; on becoming a

club of agitators; it ceases to be a conclave of legislators。





Let us enter and see how this one proceeds。   Thus encumbered; thus

surrounded and agitated; does it take at least those precautions

without which no assembly of men can govern itself。   When several

hundred persons assemble together for deliberation; it is evident

that some sort of an internal police is necessary; first of all;

some code of accepted usage; some written precedents; by which its

acts may be prepared and defined; considered in detail; and properly

passed。   The best of these codes it ready to hand: at the request

of Mirabeau; Romilly has sent over the standing orders of the

English House of Commons。'3} But with the presumption of novices;

they pay no attention to this code; they imagine it is needless for

them; they will borrow nothing from foreigners; they accord no

authority to experience; and; not content with rejecting the forms

it prescribes; 〃it is with difficulty they can be made to follow any

rule whatever。〃 They leave the field open to the impulsiveness of

individuals; any kind of influence; even that of a deputy; even of

one elected by themselves; is suspected by them; hence their choice

of a new president every fortnight。  …  They submit to no constraint

or control; neither to the legal authority of a parliamentary code;

nor to the moral authority of parliamentary chiefs。   They are

without any such; they are not organized in parties; neither on one

side nor on the other is a recognized leader found who fixes the

time; arranges the debate; draws up the motion; assigns parts; and

gives the rein to or restrains his supporters。   Mirabeau is the

only one capable of obtaining this ascendancy; but; on the opening

of the Assembly; he is discredited by the notoriety of his vices;

and; towards the last; is compromised by his connections with the

Court。   No other is of sufficient eminence to have any influence;

there is too much of average and too little of superior talent。  …

Their self…esteem is; moreover; as yet too strong to allow any

concessions。   Each of these improvised legislators has come

satisfied with his own system; and to submit to a leader to whom he

would entrust his political conscience; to make of him what 

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