y preceded
is essential to be observed, because this body of fundamental law
comprises but the latest in a series of devices through which France
since 1789 has sought orderliness and stability in public affairs.
Some of these devices were shaped under the preponderating influence
of radical democracy, some under that of monarchical reaction; but all
are of interest and importance. For the purpose in hand it will be
sufficient to review briefly the principal aspects of the several
constitutional systems whose devising or operation has contributed
with some directness to the political institutions and experience of
the France of to-day.

II. THE REVOLUTIONARY AND NAPOLEONIC ERA

*313. The Constitution of 1791.*--During the decade which elapsed
between the outbreak of the Revolution and the establishment of the
Consulate there were in actual operation in France two successive
constitutions: that of September 3, 1791, which was in effect
subverted by the uprising of August 10, 1792, and that of 5 Fructidor
of the Year III. (August 22, 1795), terminated by the _coup d'etat_ of
18 Brumaire of the Year VIII. (November 9, 1799). The instrument of
1791, essentially a compilation of measures voted during the years
1789-1791, was prepared by a committee appointed by the National
Assembly, September 15, 1789.[420] It was shaped, in the main, by men
who were desirous of preserving the form while destroying the
substance of monarchy. At the head of the state was allowed to remain
the king, shorn, however, of many of his accustomed prerogatives and
obliged to exercise under stringent restraint the few that were left
him. "King of the French," he henceforth was to be, "by the grace of
God and the will of the nation." The legislative body (_Corps (p. 291)
legislatif_) was made to consist of a single chamber whose 745
members, chosen for a two-year term according to a system of indirect
suffrage, were distributed among the eighty-three newly created
departments upon the three-fold basis of extent, population, and
contribution of direct taxes.[421] Only male citizens who had attained
the age of twenty-five, and whose annual payment of direct taxes was
the equivalent of three days' labor, were entitled to participate in
the choice of the electors, by whom, in turn, were chosen the
deputies. The powers of the legislative body were ample. In respect to
measures generally, the king possessed only a suspensive veto; that is
to say,