e power in each country is in the hands of a person styled
the King; but the French Constitution distinguishes between the King and
the Sovereign: It considers the station of King as official, and places
Sovereignty in the nation.
The representatives of the nation, who compose the National Assembly,
and who are the legislative power, originate in and from the people
by election, as an inherent right in the people.--In England it is
otherwise; and this arises from the original establishment of what
is called its monarchy; for, as by the conquest all the rights of the
people or the nation were absorbed into the hands of the Conqueror, and
who added the title of King to that of Conqueror, those same matters
which in France are now held as rights in the people, or in the nation,
are held in England as grants from what is called the crown. The
Parliament in England, in both its branches, was erected by patents from
the descendants of the Conqueror. The House of Commons did not originate
as a matter of right in the people to delegate or elect, but as a grant
or boon.
By the French Constitution the nation is always named before the king.
The third article of the declaration of rights says: "The nation is
essentially the source (or fountain) of all sovereignty." Mr. Burke
argues that in England a king is the fountain--that he is the fountain
of all honour. But as this idea is evidently descended from the conquest
I shall make no other remark upon it, than that it is the nature of
conquest to turn everything upside down; and as Mr. Burke will not be
refused the privilege of speaking twice, and as there are but two parts
in the figure, the fountain and the spout, he will be right the second
time.
The French Constitution puts the legislative before the executive, the
law before the king; la loi, le roi. This also is in the natural
order of things, because laws must have existence before they can have
execution.
A king in France does not, in addressing himself to the National
Assembly, say, "My Assembly," similar to the phrase used in England
of my "Parliament"; neither can he use it consistently with the
constitution, nor could it be admitted. There may be propriety in the
use of it in England, because as is before mentioned, both Houses
of Parliament originated from what is called the crown by patent or
boon--and not from the inherent rights of the people, as the National
Assembly does in France, and whose name designate
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