Page:Lectures on the French Revolution of John Acton.djvu/123

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THE CONSTITUTIONAL DEBATES
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government. On the following day Mirabeau spoke on the same side. He said that the danger was not from the Crown, but from the representatives; for they may exclude strangers and debate in secret, as the English law allows, and these may declare themselves permanent, and escape all control. Through the king, the public possesses the means of holding them in check. He is their natural ally against usurping deputies, and the possible formation of a new aristocracy. The legislature enjoys a temporary mandate only. The perpetual representative of the people is the king. It is wrong to deny him powers necessary for the public interest. It is the partial appearance of a view that was expanded by Napoleon.

Mounier defended his plan on September 4. On several points there was no large variety of opinion. It was practically admitted that there could be no governing without Parliament, that it must meet annually, that its acts require the royal assent, that it shall be elected indirectly, by equal districts, and a moderate property franchise. Mounier further conceded that the Constitution was not subject to the royal veto, that Ministers should not be members of the Assembly, that the Assembly, and not the king, should have the initiative of proposing laws, and that it should have the right of refusing supplies. The real question at issue was whether the representatives of the people should be checked by an Upper House, by the king's power of dissolution, and by an absolute or a temporary veto.

Mounier had private friends among his opponents, and they opened a negotiation with him. They were prepared to accept his two Houses and his absolute veto. They demanded in return that the Senate should have only a suspensive veto on the acts of the representatives, that there should be no right of Dissolution, that Conventions should be held periodically, to revise the Constitution. These offers were a sign of weakness. The Constitutional party was still in the ascendant, and on August 31 the Bishop of Langres, the chief advocate of a House of Lords, was chosen President by 499 to 328. If the