Draft Constitution of 1791 annotated by Robespierre
Standfirst:
The annotations, transcribed hereafter, essentially concern provisions relating to public powers and civil rights. They constituted the plans of two interventions that Robespierre delivered before the Constituent Assembly on August 10 and 11, 1791, during the discussion of the draft Constitution.
Transcription of Robespierre’s handwritten annotations:
On page 12 of the document, first annotated page: (The image is available above.)
The page starts with title III of the Constitution, which concerns the public authorities. It has been annotated with a series of dates: "1750, 1751, 1752, 1753" (no apparent explanation…)
Below the first article of the title III he wrote; "il n'y a q" what could be the written beginning of a sentence starting by "il n'y a qu'à" or of "il n'y a que" meaning respectively "there is only to" and "there is/are only." (it seems that Robespierre did not follow up on this sentence.)
At the end of article II, Robespierre added two rows of suspension points. Then he wrote about this article at the very top of the page; "We do more; we annihilate the sovereignty itself; no section of the people; the people attributes the exercise of it, when they say. The nation can only exercise them by delegation. Note that it is your committees that violated the constitution and I who defend it."
At the page's top left, the word "exactly" is crossed out as well as the sentence "If the nation were to alienate in any way that" which is in the middle of the margin. And just above this crossed-out sentence, we find a last comment by Robespierre on this article II; "The legislative power, the judicial power, the executive power are parts of the powersovereign, divided in relation to the various objects to which it applies."
Regarding article III, Robespierre wrote in the margin, under the crossed-out sentence; "Notice, I beg you, that the legislative power cannot be delegated in this way: because it is the very essence of sovereignty. Rousseau. There would no longer even be a shadow of the will general; since it is assumed here that the King shares this delegation of legislative power."
For article IV, he comments at the bottom of the page; "Power must be clearly distinguished from functions; indeed the nation delegates the various public functions; but power cannot be alienated or delegated. If one could delegate these powers in detail, it would follow that sovereignty might be delegated; and then you would adopt what the committee Mr. Malouet proposed ; you would do more; you would decree that it may be alienated because delegation is perpetual. Neither convention; nor any means for the nation toreform the abuses of the legislative body."
On page 16 of the document:
The texts on this page are located in section II of chapter I of the constitution, which is dedicated to the National legislative assembly. Section II being itself dedicated to the primary assemblies as well as the nomination of voters.
On the top left corner of the page, we read the words "limit them". To the right of these words, Robespierre wrote this paragraph that continues in the margin until the bottom of the page; "For The reason for removing the money mark applies even more strongly to what concerns voters. what could be the reason? to leave consciousness free: but the choice of voters is also the work of consciousness. To warn the aristocracy of wealth: but you still introduce it more surely. Voters usually choose among themselves; and as a result there will only be people with a silver mark who will be elected. the active Citoiens (citizens) will not go. Refutation of motives. Riches corrupt more than poverty. It would rather be the millionaires who should be excluded than people with ten days of workers. This decree is your own satire. Can those who have elected you be robbed by you? The next legislature will therefore be worth nothing. What does your guarantee of equal rights mean: eligibility for all jobs. no matter that you have removed the nobility! What was the guarantee of Aristide; what was the guarantee of Rousseau. A deputy who rich (understand here 'a rich deputy') wants to increase his fortune; a poor deputy wants to be free. Contradictions of the committees. The ministry; the legislature: and they believe that it is permissible to believe only an incompatibility that results from the very nature of the thing, to prevent perpetuity, and the coalition of the legislative body with the king against the nation! and they do not find any inconvenience in excluding the representatives of"
(We notice here that Robespierre had already begun the drafts of his reflections and arguments for his speech The silver mark. We find the reference to Aristide, to the contradiction with the Declaration of Human Rights, and many other elements.)
On page 39 of the document:
Concerning the article VIII of Section II, relating to royal action, of Chapter III of the Constitution which grants the exercise of legislative power, Robespierre annotated it in the margin on the right; "The decrees bringing reunion to the domain of national goods alienated against forms."
On page 51 of the document:
In the margin, at the bottom right of Article IX of Chapter V of the Constitution, relating to the judicial power, the politician added; "On applications for cassation of alienation titles or exchanges of alienated national goods or exchanged for the forms. These requests will be made by the National Assembly."
On page 54 of the document:
In the left margin, regarding title IV on the Public Force, Robespierre wrote; "It is up to the legislative body to determine the number of troops and to fix their pay."
On the last page of the document:
Finally, at the very end of the Constitution, he noted; "The manner in which communes can be assembled is not determined."
Sources:
Dividers: @saradika-graphics
