imously declared through their
spokesman, Tocqueville, that the National Assembly had not the right to
move the abolition of the republic, that right being vested only in
a Constitutional Convention. For the rest, the Constitution could
be revised only in a "legal" way, that is to say, only in case a
three-fourths majority decided in favor of revision, as prescribed by
the Constitution. After a six days' stormy debate, the revision was
rejected on July 19, as was to be foreseen. In its favor 446 votes were
cast, against it 278. The resolute Oleanists, Thiers, Changarnier, etc.,
voted with the republicans and the Mountain.
Thus the majority of the parliament pronounced itself against the
Constitution, while the Constitution itself pronounced itself for the
minority, and its decision binding. But had not the party of Order on
May 31, 1850, had it not on June 13, 1849, subordinated the Constitution
to the parliamentary majority? Did not the whole republic they had
been hitherto having rest upon the subordination of the Constitutional
clauses to the majority decisions of the parliament? Had they not left
to the democrats the Old Testament superstitious belief in the letter
of the law, and had they not chastised the democrats therefor? At this
moment, however, revision meant nothing else than the continuance of the
Presidential power, as the continuance of the Constitution meant nothing
else than the deposition of Bonaparte. The parliament had pronounced
itself for him, but the Constitution pronounced itself against the
parliament. Accordingly, he acted both in the sense of the parliament
when he tore up the Constitution, and in the sense of the Constitution
when he chased away the parliament.
The parliament pronounced the Constitution, and, thereby, also, its
own reign, "outside of the pale of the majority"; by its decision, it
repealed the Constitution, and continued the Presidential power, and it
at once declared that neither could the one live nor the other die so
long as itself existed. The feet of those who were to bury it stood
at the door. While it was debating the subject of revision, Bonaparte
removed General Baraguay d'Hilliers, who showed himself irresolute, from
the command of the First Military Division, and appointed in his place
General Magnan, the conqueror of Lyon; the hero of the December days,
one of his own creatures, who already under Louis Philippe, on the
occasion of the Boulogne expedition, had so
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