58] ANNUAL REGISTER, 1800. 



withoutj however, having tlie liglit 

 to displace them, in order that thus 

 the latter may be independent in 

 the sentences they pronounce. 



" The connection of the executive 

 power, with the armed force, must 

 be regulated by the exigency of 

 circumstances. Our situation may 

 require, either that certain members 

 of the executive should have the 

 power of commanding the armies, 

 or that numerous military corjis 

 should remain under its command 

 in the neighbourhood of the great 

 commune, or established capital. 

 All this may be considered only as 

 provisional, but we must hasten to 

 get into the tract of principle in 

 proportion as our situation becomes 

 more calm, both at home and 

 abroad. 



"The government, the founda- 

 tion of which I have pointed out, is 

 that which the new social compact 

 presents. The basis of it has long 

 subsisted in the mind of its author, 

 Sieyes. It was eagerly adopted, 

 with some alterations by anotlicr 

 man of genius (Buonaparte) qua- 

 lified to appreciate its merit, and 

 made to derive new glory from the 

 support given to its establishment 

 after having enlightened the discus- 

 sion of it by the powers of his un- 

 derstanding." 



Cabanis then proceeded to an- 

 swer the objections which had been 

 made to thsplan of the constitution. 



" It is alleged," continued he ; 

 " first, that the power of the exe- 

 cutive is immense ; there is no .se- 

 curity against its designs. We 

 mu.'.t have a gov<,rnment full of vi- 

 gour and life. If it were not cre- 

 ated so, it would usurp, or it would 

 quickly perish, as happened in the 

 ease of the directory. The secu- 

 rities we here have are in the po* 



tent permanence of the conserva- 

 tive senate, and in the tuibulcnt 

 character of the tribunate. The 

 executive power, besides, is re- 

 strained by the decided responsibi- 

 lity of the ministers and the regu- 

 lar proceedings of the council of 

 state. 



"It is next said, that it is to be 

 feared that the scheme of the tri- 

 bunate will produce turbulence and 

 violence. These apprehensions 

 spring from the remembrance of 

 our past evils. But the dema- 

 gogues of the convention, and of 

 the council of five hundred, had a 

 right to bring forwai'd laws drawn 

 up in form. They caused them to 

 be discussed, and often to be adopt- 

 ed, by undue influence. They 

 kept the property, theliberty, the life 

 of the citizen in a constant state of 

 uncertainty. Here the tribunesmay 

 make a great deal of noise in their 

 own house ; but all they can say, 

 has no force but that which it de- 

 rives from opinion. If they are 

 very violent, public opinion will be 

 decidedly unfavourable to them. 

 They will alarm the public moi-e 

 than the executive power, or the. 

 conservative senate, which will 

 know perfectly well how to main- 

 tain themselves against the result of 

 their vain clamours." 



The constitution, after several 

 meetings of the commissions and con- 

 suls, was carried by a great majority, 

 and received the sanction of the 

 whole. It bearsdate the thirteenth of 

 December, and was offered to the 

 French nation, in a proclamation l)y 

 the consuls, on the fifteenth. It was 

 therein declared to be founded on the 

 true principles of a representative 

 government ; on the sacred rights 

 of property, equality, and liberty ; 

 that the authorities which consti- 



