No. VII.
John William Cole translation
Note drawn up and laid before the King and Council in August 1816, on the question of dissolving the Chamber of 1815; by M. Lainé, Minister of the Interior.
It being considered probable that the King may be obliged to dissolve the Chamber after its assembly, let us consider what will be the consequences.
Dissolution during the session is an extreme measure. It is a sort of appeal made in the midst of passions in full conflict. The causes which lead to it, the feelings of resentment to which it will give rise, will spread throughout France.
The convocation of a new Chamber will require much time, and will render it almost impossible to introduce a budget this year. To hold back the budget until the first month of the year ensuing, is to run the risk of seeing the deficit increase and the available resources disappear.
This would in all probability render us incapable of paying the foreigners.
After such an unusual dissolution, justified by the danger which the Chamber may threaten, it is difficult to suppose that the electoral assemblies would be tranquil. And if agitation should exhibit itself, the return of the foreigners is to be apprehended from that cause. The dread of this consequence, in either case, will induce the King to hesitate; and whatever attempts may be made to disturb the public peace or to assail the Royal authority, his Majesty's heart, in the hope that such evils would be merely transitory, will decide with reluctance on such an extreme remedy as dissolution.
If then, the necessity of dissolving the Chamber becomes pressing, will it not be better, before it meets, to adopt means of preserving us from this menacing disaster?
The renewal of one-fifth of the members, which, under any circumstances, seems to me indispensable to carry out the Charter, and which I regret to say we too much neglected in the month of July 1815, will scarcely diminish the probable necessity of dissolution.
The members returned for the fourth series are, with a few exceptions, moderate; they have no disposition whatever to disturb public repose, or interfere with the Royal prerogative, which alone can maintain order by giving confidence to all classes. The other four-fifths remain unchanged; the apprehended dangers are consequently as imminent.
This consideration induces me to recommend the adoption of a measure which might facilitate a complete return to the Charter, by recalling the decree of the 13th of July, which infringed it in the articles of age and number, and has also reduced to problems many more of its conditions.
This measure would be to summon, by royal letters, only such deputies as have reached the age of forty, and according to the number stipulated in the Charter.
To effect this, we should choose the deputies who have been first named in each electoral college. We should thus pay a compliment to the electors by summoning those who appear to hold the most distinguished places in their confidence.
It is true it will be said that the Chamber not being dissolved, the present deputies have a kind of legal possession.
But the electors and the deputies they have chosen, only hold their power from the Decree.
The same authority which conferred that power can recall it by revoking the Decree.
The King in his opening speech appeared to say that it was only owing to an extraordinary circumstance that he had assembled round the throne a greater number of deputies. That extraordinary circumstance has passed away. Peace is made, order is re-established, the Allies have retired from the heart of France and from the Capital.
This idea furnishes an answer to the objection that the operations of the Chamber are nullified.
The King had the power of making it what it is, in consequence of existing circumstances.
The Chamber of Deputies does not alone make the laws. The Chamber of Peers, and the King, who in France is the chief branch of the legislative body, have co-operated in that enactment.
If this objection could hold good in the present case, it would equally hold good in all the rest. In fact, either after the dissolution, or under any other circumstances, the King will return to the Charter, in regard to age and number. On this hypothesis, it might be said that the operations of the existing Chamber are nullified. Article 14 of the Charter could always be explained by the extraordinary circumstances, and its complete re-establishment by the most sacred motives. To return to the Charter without dissolution is not then to nullify the operations of the Chamber more than to return to the Charter after dissolution.
Will it be said that the King is not more certain of a majority after the proposed reduction than at present? I reply that the probability is greatly increased.
An assembly less numerous will be more easily managed; reason will be more readily attended to. The Royal authority which is exercised in the reduction will be increased and secured.
Again, in the event of a dissolution, would the King be more certain of a majority? How many chances are against this! On one side the ultras, whose objection to transfer a portion of the Royal authority to what they call the aristocracy, occupy nearly all the posts which influence the operations of the electoral assemblies. On the other, they will be vehemently opposed by the partisans of a popular liberty not less hostile to the Kingly power. The struggles which will take place at the electoral assemblies, will be repeated in the Chamber, and what description of majority will emanate from such a contest?
If the plan of reduction appears inadmissible;—if on the other hand, it should be decided that the hostile spirit of the Chamber compels the dissolution after convocation;—I should not hesitate to prefer immediate dissolution to the danger which seems so likely to arise from dissolution after assembly.
But if immediate dissolution were to lead to the forming of a new Chamber animated by the same spirit and views, it would then become necessary to find remedies, to preserve the Royal authority, and to save France from the presence of foreigners.
The first method would be to sacrifice the Ministers, who are ready to lay down their places and their lives to preserve the King and France.
The above notes are exclusively founded on the probable necessity of dissolution after the Chamber is convoked.
This measure will become necessary if, under the pretext of amendments, the King's wishes are trifled with; if the budget should be thrown out, or too long delayed; or if the amendments or propositions are of a nature to alarm the country, and in consequence to call in the foreigners.
The customs adopted during the last session, the bills announced, the acrimony exhibited, the evidences we have thence derived, the hostility already prepared by ambitious disturbers, the determination evinced to weaken the Kingly authority by declaiming against the modified centralization of government, all supply powerful reasons for expecting the probable occurrences which will necessitate the dissolution of the Chamber.
Taking another view, it ought not to be easily believed that a few misguided Frenchmen, compromising the fortune of their country by continuing to oppose the Royal authority, may go the length of exposing themselves to the double scourge of foreign invasion and civil war, or that they be content with the loss of certain provinces through imprudent propositions, legally unjust, or....
Are we permitted to hope that in presenting such bills as religion and devotion to the King and the country may inspire us to frame, these bills will not be rejected?
Shall we be enabled to draw up these bills in such a manner as to convince the Session and the world that malevolent opposition alone can defeat them?
Notwithstanding the great probabilities that the dissolution may become necessary, the danger would be less formidable, if the King, at the opening of the session, were to express his wishes energetically; if he were to issue previous decrees, revoking all that has not been yet carried out in the Decrees of July 1815; if, above all, after having declared his will by solemn acts, his Majesty would firmly repeat those acts in the the immediate vicinity of the throne, by removing from his person all those who might be inclined to misrepresent or oppose his wishes.
To avoid resistance and contest, would the following plan be available?
When the bills, the decrees, and the other regulations are ready, would it be suitable for the King to hold an Extraordinary Council, to which he should summon the Princes of the Royal family, the Archbishop of Rheims, etc. Let all the bills to be brought forward be discussed and settled in that Council, and let the Princes and the chief Bishops declare which of these are to be adopted by unanimous consent. If, after this Council, all the great and influential personages summoned by his Majesty were to announce that such was the common wish of the King and the whole of the Royal family, France would perhaps be saved.
But the great remedy lies in the King's pleasure. Let that once be manifested, and let its execution be recommended by his Majesty to all who surround him, and the danger disappears.
"Domine dic tantum verbum, et sanabitur Gallia tua!"