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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。＇40＇ 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
H？tel…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；＇41＇
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；＇42＇ on the contrary； reduces the
King to the position of an honorary president； suspected and called
in question by a disorganized State。 Between him and the
legislative body it interposes nothing but sources of conflict； and
suppresses all means of concord。 The monarch has no hold whatever
on the administrative departments which he must direct； the mutual
independence of the powers； from the center to the extremities of
the State； everywhere produces indifference； negligence； and
disobedience between the injunctions issued and their execution。
France is a federation of forty thousand municipal sovereignties； in
which the authority of legal magistrates varies according to the
caprice of active citizens。 These active citizens； too heavily
loaded； shy away from the performance of public duty； in which a
minority of fanatics and ambitious men monopolize the right to
speak； to vote； all influence； the power and all action。 They
justify their multiple ursurpations； their unbridled despotism； and
their increasing encroachments by the Declaration of the Rights of
Man。 The masterpiece＇43＇ of ideal abstractions and of practical
absurdities is accomplished。 In accordance with the Constitution
spontaneous anarchy becomes legalized anarchy。 The latter is
perfect； nothing finer of the kind has been seen since the ninth
century。
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Notes：
＇1＇ The name for the dreaded secret Royal warrant of arrest。 （SR。）
＇2＇ The initiative rests with the King on one point： war cannot be
decreed by the Assembly except on his formal and preliminary
proposition。 This exception was secured only after a violent
struggle and a supreme effort by Mirabeau。
＇3＇ Speech by Lanjuinais； November 7； 1789。 〃We determined on the
separation of the powers。 Why； then； should the proposal he made to
us to unite the legislative power with the executive power in the
persons of the ministers？〃
＇4＇ See the attendance of the Ministers before the Legislative
Assembly。
＇5＇ 〃Any society in which the separation of the powers is not
clearly defined has no constitution。〃 （Declaration of Rights；
article XVI。） … This principle is borrowed from a text by
Montesquieu； also from the American Constitution。 In the rest the
theory of Rousseau is followed。
＇6＇ Mercure de France； an expression by Mallet du Pan。
＇7＇ Constitution of 1791； ch。 II。 articles 5； 6； 7。 Decree of
September 25 … October 6； 1791； section III。 articles； 8 to 25。
＇8＇ Speeches by Barnave and Roederer in the constituent Assembly。 …
Speeches by Barnave and Duport in the Jacobin Club。
＇9＇ Principal texts。 （Duvergier； 〃Collection des Lois et Decrets。〃）
… Laws on municipal and administrative organization； December 14 and
22； 1789； August 12…20； 1790； March 12； 1791。 On the municipal
organization of Paris； May 21st； June 27； 1790。 … Laws on the
organization of the Judiciary； August 16…24； 1790； September 16…29；
1791； September 29；