Let us resume the thread of events.
The history of the Constitutional
National Assembly from the June days on, is the history
of the supremacy and dissolution of the republican
bourgeois party, the party which is known under several
names of “Tricolor Republican,” “True
Republican,” “Political Republican,”
“Formal Republican,” etc., etc.
Under the bourgeois monarchy of Louis Philippe, this
party had constituted the Official Republican Opposition,
and consequently had been a recognized element in the
then political world. It had its representatives
in the Chambers, and commanded considerable influence
in the press. Its Parisian organ, the “National,”
passed, in its way, for as respectable a paper as the
“Journal des Débats.”
This position in the constitutional monarchy corresponded
to its character. The party was not a fraction
of the bourgeoisie, held together by great and common
interests, and marked by special business requirements.
It was a coterie of bourgeois with republican ideas-writers,
lawyers, officers and civil employees, whose influence
rested upon the personal antipathies of the country
for Louis Philippe, upon reminiscences of the old
Republic, upon the republican faith of a number of
enthusiasts, and, above all, upon the spirit of French
patriotism, whose hatred of the treaties of Vienna
and of the alliance with England kept them perpetually
on the alert. The “National” owed
a large portion of its following under Louis Philippe
to this covert imperialism, that, later under the
republic, could stand up against it as a deadly competitor
in the person of Louis Bonaparte. The fought the
aristocracy of finance just the same as did the rest
of the bourgeois opposition. The polemic against
the budget, which in France, was closely connected
with the opposition to the aristocracy of finance,
furnished too cheap a popularity and too rich a material
for Puritanical leading articles, not to be exploited.
The industrial bourgeoisie was thankful to it for
its servile defense of the French tariff system, which,
however, the paper had taken up, more out of patriotic
than economic reasons the whole bourgeois class was
thankful to it for its vicious denunciations of Communism
and Socialism For the rest, the party of the “National”
was purely republican, i.e. it demanded a republican
instead of a monarchic form of bourgeois government;
above all, it demanded for the bourgeoisie the lion’s
share of the government. As to how this transformation
was to be accomplished, the party was far from being
clear. What, however, was clear as day to it and
was openly declared at the reform banquets during
the last days of Louis Philippe’s reign, was
its unpopularity with the democratic middle class,
especially with the revolutionary proletariat.
These pure republicans, as pure republicans go, were
at first on the very point of contenting themselves
with the regency of the Duchess of Orleans, when the
February revolution broke out, and when it gave their
best known representatives a place in the provisional
government. Of course, they enjoyed from the start
the confidence of the bourgeoisie and of the majority
of the Constitutional National Assembly. The
Socialist elements of the Provisional Government were
promptly excluded from the Executive Committee which
the Assembly had elected upon its convening, and the
party of the “National” subsequently utilized
the outbreak of the June insurrection to dismiss this
Executive Committee also, and thus rid itself of its
nearest rivals the small traders’
class or democratic republicans (Ledru-Rollin, etc.).
Cavaignac, the General of the bourgeois republican
party, who command at the battle of June, stepped into
the place of the Executive Committee with a sort of
dictatorial power. Marrast, former editor-in-chief
of the “National”, became permanent President
of the Constitutional National Assembly, and the Secretaryship
of State, together with all the other important posts,
devolved upon the pure republicans.
The republican bourgeois party, which
since long had looked upon itself as the legitimate
heir of the July monarchy, thus found itself surpassed
in its own ideal; but it cam to power, not as it had
dreamed under Louis Philippe, through a liberal revolt
of the bourgeoisie against the throne, but through
a grape-shot-and-canistered mutiny of the proletariat
against Capital. That which it imagined to be
the most revolutionary, came about as the most counter-revolutionary
event. The fruit fell into its lap, but it fell
from the Tree of Knowledge, not from the Tree of life.
The exclusive power of the bourgeois
republic lasted only from June 24 to the 10th of December,
1848. It is summed up in the framing of a republican
constitution and in the state of siege of Paris.
The new Constitution was in substance
only a republicanized edition of the constitutional
charter of 1830. The limited suffrage of the July
monarchy, which excluded even a large portion of the
bourgeoisie from political power, was irreconcilable
with the existence of the bourgeois republic.
The February revolution had forthwith proclaimed direct
and universal suffrage in place of the old law.
The bourgeois republic could not annul this act.
They had to content themselves with tacking to it
the limitation a six months’ residence.
The old organization of the administrative law, of
municipal government, of court procedures of the army,
etc., remained untouched, or, where the constitution
did change them, the change affected their index,
not their subject; their name, not their substance.
The inevitable “General Staff”
of the “freedoms” of 1848 personal
freedom, freedom of the press, of speech, of association
and of assemblage, freedom of instruction, of religion,
etc. received a constitutional uniform
that rendered them invulnerable. Each of these
freedoms is proclaimed the absolute right of the French
citizen, but always with the gloss that it is unlimited
in so far only as it be not curtailed by the “equal
rights of others,” and by the “public safety,”
or by the “laws,” which are intended to
effect this harmony. For instance:
“Citizens have the right of
association, of peaceful and unarmed assemblage, of
petitioning, and of expressing their opinions through
the press or otherwise. The enjoyment of these
rights has no limitation other than the equal rights
of others and the public safety.” (Chap.
II. of the French Constitution, Section 8.)
“Education is free. The
freedom of education shall be enjoyed under the conditions
provided by law, and under the supervision of the State.”
(Section 9.)
“The domicile of the citizen
is inviolable, except under the forms prescribed by
law.” (Chap. I., Section 3), etc.,
etc.
The Constitution, it will be noticed,
constantly alludes to future organic laws, that are
to carry out the glosses, and are intended to regulate
the enjoyment of these unabridged freedoms, to the
end that they collide neither with one another nor
with the public safety. Later on, the organic
laws are called into existence by the “Friends
of Order,” and all the above named freedoms
are so regulated that, in their enjoyment, the bourgeoisie
encounter no opposition from the like rights of the
other classes. Wherever the bourgeoisie wholly
interdicted these rights to “others,”
or allowed them their enjoyment under conditions that
were but so many police snares, it was always done
only in the interest of the “public safety,”
i. e., of the bourgeoisie, as required by the Constitution.
Hence it comes that both sides-the
“Friends of Order,” who abolished all
those freedoms, as, well as the democrats, who had
demanded them all appeal with full right
to the Constitution: Each paragraph of the Constitution
contains its own antithesis, its own Upper and Lower
House-freedom as a generalization, the abolition of
freedom as a specification. Accordingly, so long
as the name of freedom was respected, and only its
real enforcement was prevented in a legal way, of
course the constitutional existence of freedom remained
uninjured, untouched, however completely its common
existence might be extinguished.
This Constitution, so ingeniously
made invulnerable, was, however, like Achilles, vulnerable
at one point: not in its heel, but in its head,
or rather, in the two heads into which it ran out-the
Legislative Assembly, on the one hand, and the President
on the other. Run through the Constitution and
it will be found that only those paragraphs wherein
the relation of the President to the Legislative Assembly
is defined, are absolute, positive, uncontradictory,
undistortable.
Here the bourgeois republicans were
concerned in securing their own position. Articles
45-70 of the Constitution are so framed that the National
Assembly can constitutionally remove the President,
but the President can set aside the National Assembly
only unconstitutionally, he can set it aside only
by setting aside the Constitution itself. Accordingly,
by these provisions, the National Assembly challenges
its own violent destruction. It not only consecrates,
like the character of 1830, the division of powers,
but it extends this feature to an unbearably contradictory
extreme. The “play of constitutional powers,”
as Guizot styled the clapper-clawings between the legislative
and the executive powers, plays permanent “vabanque”
in the Constitution of 1848. On the one side,
750 representatives of the people, elected and qualified
for re-election by universal suffrage, who constitute
an uncontrollable, indissoluble, indivisible National
Assembly, a National Assembly that enjoys legislative
omnipotence, that decides in the last instance over
war, peace and commercial treaties, that alone has
the power to grant amnesties, and that, through its
perpetuity, continually maintains the foreground on
the stage; on the other, a President, clad with all
the attributes of royalty, with the right to appoint
and remove his ministers independently from the national
assembly, holding in his hands all the means of executive
power, the dispenser of all posts, and thereby the
arbiter of at least one and a half million existences
in France, so many being dependent upon the 500,000
civil employees and upon the officers of all grades.
He has the whole armed power behind him. He enjoys
the privilege of granting pardons to individual criminals;
suspending the National Guards; of removing with the
consent of the Council of State the general, cantonal
and municipal Councilmen, elected by the citizens
themselves. The initiative and direction of all
negotiations with foreign countries are reserved to
him. While the Assembly itself is constantly
acting upon the stage, and is exposed to the critically
vulgar light of day, he leads a hidden life in the
Elysian fields, only with Article 45 of the Constitution
before his eyes and in his heart daily calling out
to him, “Frere, il faut mourir!”
[#1 Brother, you must die!] Your power expires on
the second Sunday of the beautiful month of May, in
the fourth year after your election! The glory
is then at an end; the play is not performed twice;
and, if you have any debts, see to it betimes that
you pay them off with the 600,000 francs that the
Constitution has set aside for you, unless, perchance,
you should prefer traveling to Clichy [#2 The debtors’
prison.] on the second Monday of the beautiful month
of May.
While the Constitution thus clothes
the President with actual power, it seeks to secure
the moral power to the National Assembly. Apart
from the circumstance that it is impossible to create
a moral power through legislative paragraphs, the
Constitution again neutralizes itself in that it causes
the President to be chosen by all the Frenchmen through
direct suffrage. While the votes of France are
splintered to pieces upon the 750 members of the National
Assembly they are here, on the contrary, concentrated
upon one individual. While each separate Representative
represents only this or that party, this or that city,
this or that dunghill, or possibly only the necessity
of electing some one Seven-hundred-and-fiftieth or
other, with whom neither the issue nor the man is
closely considered, that one, the President, on the
contrary, is the elect of the nation, and the act
of his election is the trump card, that, the sovereign
people plays out once every four years. The elected
National Assembly stands in a metaphysical, but the
elected President in a personal, relation to the nation.
True enough, the National Assembly presents in its
several Representatives the various sides of the national
spirit, but, in the President, this spirit is incarnated.
As against the National Assembly, the President possesses
a sort of divine right, he is by the grace of the
people.
Thetis, the sea-goddess, had prophesied
to Achilles that he would die in the bloom of youth.
The Constitution, which had its weak spot, like Achilles,
had also, like Achilles, the presentiment that it would
depart by premature death. It was enough for
the pure republicans, engaged at the work of framing
a constitution, to cast a glance from the misty heights
of their ideal republic down upon the profane world
in order to realize how the arrogance of the royalists,
of the Bonapartists, of the democrats, of the Communists,
rose daily, together with their own discredit, and
in the same measure as they approached the completion
of their legislative work of art, without Thetis having
for this purpose to leave the sea and impart the secret
to them. They ought to outwit fate by means of
constitutional artifice, through Section 111 of the
Constitution, according to which every motion to revise
the Constitution had to be discussed three successive
times between each of which a full month was to elapse
and required at least a three-fourths majority, with
the additional proviso that not less than 500 members
of the National Assembly voted. They thereby
only made the impotent attempt, still to exercise
as a parliamentary minority, to which in their mind’s
eye they prophetically saw themselves reduced, a power,
that, at this very time, when they still disposed
over the parliamentary majority and over all the machinery
of government, was daily slipping from their weak hands.
Finally, the Constitution entrusts
itself for safe keeping, in a melodramatic paragraph,
“to the watchfulness and patriotism of the whole
French people, and of each individual Frenchman,”
after having just before, in another paragraph entrusted
the “watchful” and the “patriotic”
themselves to the tender, inquisitorial attention of
the High Court, instituted by itself.
That was the Constitution of 1848,
which on, the 2d of December, 1851, was not overthrown
by one head, but tumbled down at the touch of a mere
hat; though, true enough, that hat was a three-cornered
Napoleon hat.
While the bourgeois’ republicans
were engaged in the Assembly with the work of splicing
this Constitution, of discussing and voting, Cavaignac,
on the outside, maintained the state of siege of Paris.
The state of siege of Paris was the midwife of the
constitutional assembly, during its republican pains
of travail. When the Constitution is later on
swept off the earth by the bayonet, it should not
be forgotten that it was by the bayonet, likewise and
the bayonet turned against the people, at that that
it had to be protected in its mother’s womb,
and that by the bayonet it had to be planted on earth.
The ancestors of these “honest republicans”
had caused their symbol, the tricolor, to make the
tour of Europe. These, in their turn also made
a discovery, which all of itself, found its way over
the whole continent, but, with ever renewed love,
came back to France, until, by this time, if had acquired
the right of citizenship in one-half of her Departments the
state of siege. A wondrous discovery this was,
periodically applied at each succeeding crisis in
the course of the French revolution. But the barrack
and the bivouac, thus periodically laid on the head
of French society, to compress her brain and reduce
her to quiet; the sabre and the musket, periodically
made to perform the functions of judges and of administrators,
of guardians and of censors, of police officers and
of watchmen; the military moustache and the soldier’s
jacket, periodically heralded as the highest wisdom
and guiding stars of society; were not
all of these, the barrack and the bivouac, the sabre
and the musket, the moustache and the soldier’s
jacket bound, in the end, to hit upon the idea that
they might as well save, society once for all, by proclaiming
their own regime as supreme, and relieve bourgeois
society wholly of the care of ruling itself?
The barrack and the bivouac, the sabre and the musket,
the moustache and the soldier’s jacket were all
the more bound to hit upon this idea, seeing that
they could then also expect better cash payment for
their increased deserts, while at the merely periodic
states of siege and the transitory savings of society
at the behest of this or that bourgeois faction, very
little solid matter fell to them except some dead
and wounded, besides some friendly bourgeois grimaces.
Should not the military, finally, in and for its own
interest, play the game of “state of siege,”
and simultaneously besiege the bourgeois exchanges?
Moreover, it must not be forgotten, and be it observed
in passing, that Col. Bernard, the same President
of the Military Committee, who, under Cavaignac, helped
to deport 15,000 insurgents without trial, moves at
this period again at the head of the Military Committees
now active in Paris.
Although the honest, the pure republicans
built with the state of siege the nursery in which
the Praetorian guards of December 2, 1851, were to
be reared, they, on the other hand, deserve praise
in that, instead of exaggerating the feeling of patriotism,
as under Louis Philippe, now; they themselves are
in command of the national power, they crawl before
foreign powers; instead of making Italy free, they
allow her to be reconquered by Austrians and Neapolitans.
The election of Louis Bonaparte for President on December
10, 1848, put an end to the dictatorship of Cavaignac
and to the constitutional assembly.
In Article 44 of the Constitution
it is said “The President of the French Republic
must never have lost his status as a French citizen.”
The first President of the French Republic, L. N. Bonaparte,
had not only lost his status as a French citizen,
had not only been an English special constable, but
was even a naturalized Swiss citizen.
In the previous chapter I have explained
the meaning of the election of December 10. I
shall not here return to it. Suffice it here to
say that it was a reaction of the farmers’ class,
who had been expected to pay the costs of the February
revolution, against the other classes of the nation:
it was a reaction of the country against the city.
It met with great favor among the soldiers, to whom
the republicans of the “National” had
brought neither fame nor funds; among the great bourgeoisie,
who hailed Bonaparte as a bridge to the monarchy; and
among the proletarians and small traders, who hailed
him as a scourge to Cavaignac. I shall later
have occasion to enter closer into the relation of
the farmers to the French revolution.
The epoch between December 20, 1848,
and the dissolution of the constitutional assembly
in May, 1849, embraces the history of the downfall
of the bourgeois republicans. After they had founded
a republic for the bourgeoisie, had driven the revolutionary
proletariat from the field and had meanwhile silenced
the democratic middle class, they are themselves shoved
aside by the mass of the bourgeoisie who justly appropriate
this republic as their property. This bourgeois
mass was Royalist, however. A part thereof, the
large landed proprietors, had ruled under the restoration,
hence, was Legitimist; the other part, the aristocrats
of finance and the large industrial capitalists, had
ruled under the July monarchy, hence, was Orleanist.
The high functionaries of the Army, of the University,
of the Church, in the civil service, of the Academy
and of the press, divided themselves on both sides,
although in unequal parts. Here, in the bourgeois
republic, that bore neither the name of Bourbon, nor
of Orleans, but the name of Capital, they had found
the form of government under which they could all rule
in common. Already the June insurrection had
united them all into a “Party of Order.”
The next thing to do was to remove the bourgeois republicans
who still held the seats in the National Assembly.
As brutally as these pure republicans had abused their
own physical power against the people, so cowardly,
low-spirited, disheartened, broken, powerless did they
yield, now when the issue was the maintenance of their
own republicanism and their own legislative rights
against the Executive power and the royalists I need
not here narrate the shameful history of their dissolution.
It was not a downfall, it was extinction. Their
history is at an end for all time. In the period
that follows, they figure, whether within or without
the Assembly, only as memories memories
that seem again to come to life so soon as the question
is again only the word “Republic,” and
as often as the revolutionary conflict threatens to
sink down to the lowest level. In passing, I
might observe that the journal which gave to this
party its name, the “National,” goes over
to Socialism during the following period.
Before we close this period, we must
look back upon the two powers, one of destroys the
other on December 2, 1851, while, from December 20,
1848, down to the departure of the constitutional assembly,
they live marital relations. We mean Louis Bonaparte,
on the-one hand, on the other, the party of the allied
royalists; of Order, and of the large bourgeoisie.
At the inauguration of his presidency,
Bonaparte forthwith framed a ministry out of the party
of Order, at whose head he placed Odillon Barrot,
be it noted, the old leader of the liberal wing of
the parliamentary bourgeoisie. Mr. Barrot
had finally hunted down a seat in the ministry, the
spook of which had been pursuing him since 1830; and
what is more, he had the chairmanship in this ministry,
although not, as he had imagined under Louis Philippe,
the promoted leader of the parliamentary opposition,
but with the commission to kill a parliament, and,
moreover, as an ally of all his arch enemies, the Jesuits
and the Legitimists. Finally he leads the bride
home, but only after she has been prostituted.
As to Bonaparte, he seemed to eclipse himself completely.
The party of Order acted for him.
Immediately at the first session of
the ministry the expedition to Rome was decided upon,
which it was there agreed, was to be carried out behind
I the back of the National Assembly, and the funds
for which, it was equally agreed, were to be wrung
from the Assembly under false pretences. Thus
the start was made with a swindle on the National
Assembly, together with a secret conspiracy with the
absolute foreign powers against the revolutionary
Roman republic. In the same way, and with a similar
maneuver, did Bonaparte prepare his stroke of December
2 against the royalist legislature and its constitutional
republic. Let it not be forgotten that the same
party, which, on December 20, 1848, constituted Bonaparte’s
ministry, constituted also, on December 2, 1851, the
majority of the legislative National Assembly.
In August the constitutive assembly
decided not to dissolve until it had prepared and
promulgated a whole series of organic laws, intended
to supplement the Constitution. The party of Order
proposed to the assembly, through Representative
Râteau, on January 6, 1849, to let the Organic
laws go, and rather to order its own dissolution.
Not the ministry alone, with Mr. Odillon Barrot
at its head, but all the royalist members of the National
Assembly were also at this time hectoring to it that
its dissolution was necessary for the restoration
of the public credit, for the consolidation of order,
to put an end to the existing uncertain and provisional,
and establish a definite state of things; they claimed
that its continued existence hindered the effectiveness
of the new Government, that it sought to prolong its
life out of pure malice, and that the country was
tired of it. Bonaparte took notice of all these
invectives hurled at the legislative power, he
learned them by heart, and, on December 21, 1851, he
showed the parliamentary royalists that he had learned
from them. He repeated their own slogans against
themselves.
The Barrot ministry and the party
of Order went further. They called all over France
for petitions to the National Assembly in which that
body was politely requested to disappear. Thus
they led the people’s unorganic masses to the
fray against the National Assembly, i.e., the
constitutionally organized expression of people itself.
They taught Bonaparte, to appeal from the parliamentary
body to the people. Finally, on January 29, 1849,
the day arrived when the constitutional assembly was
to decide about its own dissolution. On that day
the body found its building occupied by the military;
Changarnier, the General of the party of Order, in
whose hands was joined the supreme command of both
the National Guards and the regulars, held that day
a great military review, as though a battle were imminent;
and the coalized royalists declared threateningly
to the constitutional assembly that force would be
applied if it did not act willingly. It was willing,
and chaffered only for a very short respite.
What else was the 29th of January, 1849, than the
“coup d’etat” of December 2, 1851,
only executed by the royalists with Napoleon’s
aid against the republican National Assembly?
These gentlemen did not notice, or did not want to
notice, that Napoleon utilized the 29th of January,
1849, to cause a part of the troops to file before
him in front of the Tuileries, and that he seized
with avidity this very first open exercise of the
military against the parliamentary power in order
to hint at Caligula. The allied royalists saw
only their own Changarnier.
Another reason that particularly moved
the party of Order forcibly to shorten the term of
the constitutional assembly were the organic laws,
the laws that were to supplement the Constitution,
as, for instance, the laws on education, on religion,
etc. The allied royalists had every interest
in framing these laws themselves, and not allowing
them to be framed by the already suspicious republicans.
Among these organic laws, there was, however, one
on the responsibility of the President of the republic.
In 1851 the Legislature was just engaged in framing
such a law when Bonaparte forestalled that political
stroke by his own of December 2. What all would
not the coalized royalists have given in their winter
parliamentary campaign of 1851, had they but found
this “Responsibility law” ready made,
and framed at that, by the suspicious, the vicious
republican Assembly!
After, on January 29, 1849, the constitutive
assembly had itself broken its last weapon, the Barrot
ministry and the “Friends of Order” harassed
it to death, left nothing undone to humiliate it, and
wrung from its weakness, despairing of itself, laws
that cost it the last vestige of respect with the
public. Bonaparte, occupied with his own fixed
Napoleonic idea, was audacious enough openly to exploit
this degradation of the parliamentary power:
When the National Assembly, on May 8, 1849, passed
a vote of censure upon the Ministry on account of the
occupation of Civita-Vecchia by Oudinot, and
ordered that the Roman expedition be brought back
to its alleged purpose, Bonaparte published that same
evening in the “Moniteur” a letter to Oudinot,
in which he congratulated him on his heroic feats,
and already, in contrast with the quill-pushing parliamentarians,
posed as the generous protector of the Army. The
royalists smiled at this. They took him simply
for their dupe. Finally, as Marrast, the President
of the constitutional assembly, believed on a certain
occasion the safety of the body to be in danger, and,
resting on the Constitution, made a requisition upon
a Colonel, together with his regiment, the Colonel
refused obedience, took refuge behind the “discipline,”
and referred Marrast to Changarnier, who scornfully
sent him off with the remark that he did not like
“bayonettes intelligentes.” [#1 Intelligent
bayonets] In November, 1851, as the coalized royalists
wanted to begin the decisive struggle with Bonaparte,
they sought, by means of their notorious “Questors
Bill,” to enforce the principle of the right
of the President of the National Assembly to issue
direct requisitions for troops. One of their
Generals, Leflo, supported the motion. In vain
did Changarnier vote for it, or did Thiers render homage
to the cautious wisdom of the late constitutional assembly.
The Minister of War, St. Arnaud, answered him as Changarnier
had answered Marrast and he did so amidst
the plaudits of the Mountain.
Thus did the party of Order itself,
when as yet it was not the National Assembly, when
as yet it was only a Ministry, brand the parliamentary
regime. And yet this party objects vociferously
when the 2d of December, 1851, banishes that regime
from France!
We wish it a happy journey.