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Chapter 5 examines Burke’s attempt to reform the constitutional structure of the British government, as outlined in his Speech on Economical Reform and related speeches on the same subject. The animating principles behind Speech on Economical Reform reveal broader patterns of Burke’s economic thought regarding the virtues of contracts, free commerce, and the private stewardship of land. I also explain that Burke’s qualified defense of public administration illustrated his belief that the state was necessary in civil society to perpetuate elements of permanence beneath the vagaries of everyday life. He did not seek to strip government of all offices and pensions in order to reduce its footprint to the lowest possible level, thereby distinguishing himself from many classical liberals and modern-day libertarians who endorse a minimalist state. Instead, Burke contended that the most effective form of government was one that was firm and selective in the fulfillment of specific duties, and one that rewarded industrious public employees for their service to the state. I underscore further that Burke’s economical program exemplifies his philosophy of reform: in order to preserve institutions, such as the British Constitution, they must be modified to adapt to shifting circumstances.
In early May, as the deputies from all three Estates came to Versailles for the scheduled opening of the Estates General they carried with them cahiers enjoining them to reform the constitution in broadly similar ways. One major matter that divided them was the question of how the deputies would meet and vote. Deputies from the Third Estate came determined to pursue common meetings of the three orders with matters decided by a vote by head. Noble and Clerical deputies were split on the issue, but a majority in both orders carried cahiers encouraging or requiring them to seek separate meetings and a vote by order. The electoral regulations sent out by the king in January had not settled which form would prevail. From the very first meeting of the Estates General, the orders entered into a prolonged stalemate as the Third Estate refused to conduct business without first verifying all deputy credentials in common in the main meeting hall and the Nobles insisted that credentials be verified separately by each order.
27 June had marked a triumph for those who supported a union of the orders. The stalemate finally broken, it was time to write a constitution and help the king repair his finances. Then, on 30 June, at the first full meeting of the united orders, scores of deputies protested against the activities of the National Assembly. To a man these deputies, all from the privileged orders, claimed that instructions from their constituents prohibited them meeting in common with the other orders or accepting a vote by head. They based their protests on the mandates they had received from their electors. Almost all of the deputies of 1789 had sworn an oath upon receiving the cahier of his electoral district to faithfully present the grievances contained within. In most cases, they had sworn an oath to obey certain commands their electors made on pain of being, at least in theory, disowned as a representative. This was the “binding” or “imperative” mandate.
The next major question the deputies faced was that of how to balance the powers of the legislative and executive offices in the new constitution. There were no self-evident answers to the questions of how powerful the legislature ought to be in relation to the king, or what role the broader public would have in legislative affairs. When Clermont-Tonnerre presented a report summarizing the content of the cahiers on 27 July, speaking on behalf of the Constitutional Committee, he noted that all of the cahiers demanded the “regeneration of the French Empire [l’Empire français],” but that they disagreed as to whether this regeneration required a new constitution or a simple reform of a few abuses.1 This lack of uniformity meant that the deputies could not simply derive the constitution directly from the cahiers. They would have to decide what the new constitution would be like. In addition, they faced widespread popular violence, both in Paris and in the provinces.
One of the great legacies of the French Revolution was that it made parliamentarism the preeminent constitutional ideal of European liberalism. This chapter begins by examining the early constitutional debates of the Revolution when the English practices examined in previous chapter were rejected across the French political spectrum. I then examine Germaine de Staël and Jacques Necker, two of the most influential champions of these practices in 1790s France. Finally, I return to Britain, consider key advocates of parliamentarism there who were writing during this period and highlight the parallels between their arguments and those of de Staël and Necker. In both France and Britain, advocates of parliamentarism claimed that it was the only political framework that could enable a nation to be safely and durably governed by a representative assembly. But in both contexts, authors continued to grapple with the dilemmas of parliamentarism–above all, the dilemma of corruption.
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