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.
