32 Fred Morroir Fling 



The power wielded by the monarch was derived from tne 

 people, the source of all law and all government.^ This sov-* 

 ereign people made laws through its representatives, enjoyed 

 freedom of instruction, fi-eedom of speech and of the press and 

 were bound to render obedience to the king so long as he ruled 

 in accordance with the laws.- The moment the king trans- 

 formed his will into law, at that moment obedience ceased to be 

 a duty for the subject. The question ^'Who are the people?" — 

 a very important one to us — Mirabeau does not discuss. He did 

 not at that time feel the necessity of treating the subject. But 

 his frequent references to the importance of instruction'^ and his 

 insistence upon the point that office should be held only by 

 those who are qualified for it,^ would justify us in concluding 

 that he would place the government in the hands of the intelli- 

 gent portion of the nation. He evidently believed at this time 

 that if the old estates were called together as in former years 

 and were composed of intelligent men, they would represent 

 the nation. 



In this limited monarchy wherein all men were to be equal 

 before the law and individual liberty to be secured to each, 

 "the unique base of authority was public opinion,"-^ enlight- 

 ened by instruction and making its wants known through the 

 media of free speech and a free press. "^ No man understood 



1 "La nation est la source de tons les pou voire.'" Decrue. Revne his- 

 torique, XXIII, 329. Deslettres de cachet, 74. 



-' "'Le peuple n'enfreint les lois que lorsque le gouvernement lui-m6me 

 les a le premier violees." Decrue, Revue historique, XXII, 49. 



=* " Je crois aussi que I'instruction, qui me paroit devenir generale chez 

 les americains, est le I'empart inexput^nable de liberte." Response aux 

 conseils de la raison, 335. 



•' "Mais rien n'est aussi criminel que de se charfj;er d'une function pub- 

 lique dont on est incapable."' Essai sur le despotisme, 172. 



•' Des lettres de cachet, 119. 



" "Cette politique, qui interdit la liberte d'ecrire et de publier ses pen- 

 sees, est aussi mauvaise commc politique, qu'elle est barbare comme /o/." 

 Essai sur le despotisme, 283. 



76 



