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Freedom of speech in French: the liberal movement during an era of Restoration (beginning)



rantsuzskiya it was also registered the influential movement

French liberalism

it was issued in powerful and political the first years

Restorations of Burbons. During an era of Restoration which is often called "the heroic period" of the French liberalism he was a defender and the leader of new France which is given rise by revolution. However relation

A.Yu. Smirnov

Freedom of speech in French: the liberal movement during a restoration era

the Leningrad Region non-uniform strode various a niya. Benzhamen Konstan

liberals to Revolution and its heritage always remained difficult and ambiguous. The liberal movement - on structure, in it also napravle-became sou current one of at -

znanny leaders and leading theorist

groups "independent", having glorified -

be sewed by opposition rezhimu1. Its theoretical works had a great influence on development of a political thought in Europe, on a condition of public consciousness in France in the 20-30th years of the 19th century. But B. Konstan was never only the room scientist — the prominent representative of the liberal thought, he was also an active political figure. He consistently opposed all legislative initiatives of the government directed to destruction of freedom of speech and submission it to the unlimited influence. In this article the emphasis will be placed on parliamentary activity of B. Konstana.

With restoration on a throne of Burbons France exhausted with the infinite Napoleonic wars at last found the peace. Society, having been disappointed in ideals of Revolution and the Empire, pinned hopes for establishment of long-awaited political freedoms and adoption of the constitution which would guarantee them on Restoration. Such constitution was granted to France by Burbons in 1814, and it was called the charter. In it the principles of constitutional monarchy were proclaimed: personal freedom, freedom of speech and freedom veroispove-daniya2.

After repeated arrival of Burbons in 1815 to the power the Chamber of Deputies elected during Hundred days was dismissed, and new elections are appointed. In their result more than 3/4 structures of the Chamber of Deputies appeared in hands of ultraroyalists. The moderate and liberal government of Che.-M. of Talleyrand and Zh. Fouchier was forced to resign, it was replaced by the government of A. Richelieu in which the duke E. Dekaz held a post of the Minister of Internal Affairs. Soon irreconcilable and from -

krovenno the hostile spirit of "Matchless chamber" began to disturb Richelieu and his colleagues. The king Louis XVIII pushed by the favourite Dekaz agreed to dismiss it, as was made the ordinance of September 5, 1816. The new Chamber issued a number of the laws answering to spirit of the charter. One of them was the electoral law which entered annual updating V5 of Chamber and also granted the identical rights to all electors paying 300 francs of direct taxes a year.

Partial elections in the fall of 1818 strengthened left — the liberal wing of the Chamber of Deputies. This victory of opposition became possible thanks to the electoral law of 1817 giving the right to vote not only the large, but also average bourgeoisie. Prominent politicians of times of Hundred days of marchionesses de Lafay-ett, Jacques Antoine Manuel, Benzhamen Konstan, influential bankers Jacques Lafitt, Kazimir Perye, Benzhamen Delesser, stood against candidates of Richelieu's ministry. They were supported by Bonapartists and the left liberals, having expressed, thus, discontent with the mode. As a result Lafayette and Manuel were elected to Parliament.

In 1819 the party occupied accurately expressed opposition to the mode. "Independent" increased correspondence with the allied committees in departments and conducted a vigorous election campaign. It allowed it to achieve the majority on re-election by one heel in 1819. Then Benzhamen Konstan elected from department Sart was included into Chamber. This success "independent" in many respects is explained by a position of the average bourgeoisie which in the majority voted as against right,

^Левые liberals in parliament called themselves "independent", thereby emphasizing the opposition to the ministry, and at times and the mode of Restoration. "Independent" sought for restriction of the royalty by representative institutions and laws which would guarantee firmness of the rights and freedoms of citizens. The mode of Restoration did not cause in them trust and sympathy, however they were ready to be reconciled with it as with inevitable evil for the time being as they were afraid of return of revolutionary terror and despotism.

2Droz J. De 1a ^Гаигайоп and 1a ^оЬйоп 1815-1848. Paris, 1970. you 2-t edition. River 108.

and against the center. In 1820 all leaders of so-called party "independent" appeared in Chamber. It should be noted at once that to apply a word "party" to the left liberals — "independent" it is possible only with the big reservation as they were never so organized and disciplined as, for example, the English parties of Whigs and Tory.

In this "party" Bonapartists and republicans without accurately definite purposes mixed up. In the same place it was possible to find the aristocrats who quarreled with the monarchy, the people of the radical views following traditions of party of patriots of times of Revolution and also displaced by Restoration of generals who directed in policy in hope to make new career, such as, the general M.S. Fua. More considerable for the future of party was the introduction in its ranks of the large Parisian bankers who had considerable influence as well on affairs kommertsii1.

The broderie anglaise frightened of result of elections decided to begin negotiations with the right fraction of ultraroyalists in parliament. But for the support it demanded change of the electoral law of February 5, 1817 in favor of the land aristocracy and expulsion from France of the royal favourite Dekaz. These conditions seemed to Louis XVIII excessive therefore Richelieu was forced to resign, and the king decided on formation of the government which representatives of the liberal opposition — the only exit from developed situatsii2 would enter. Dekaz was appointed the Minister of Internal Affairs with submission to him police, and the general Jean

Joseph Dessol held a post of the Minister of Foreign Affairs. The fact of inclusion in de Serre's government as the Minister of Justice who was one of eminent persons of a circle doktrinerov3 F. Gizo's appointment to an important post of the director of departmental and public affairs, preservation of former positions at P.-P. of Roye-Kollara and the baron P.B. Barant — all this gave a reason to call this government "doctrinaire". Supporting preventive measures concerning the press earlier, doctrinaires clearly realized that after five years of restoration of Burbons the political situation in the country rather stabilized, and the public was not satisfied with that situation in which there was a press. In society the need for the new, detailed and comprehensive legislation which uregulirova-was felt

4

Leningrad Region legal status pechati4.

De Serre who suggested to draft the new legislation for the press tried to solve this problem. The first bill concerned the crimes committed by means of the press. The second — legal proceedings for the press, and the third was devoted to the periodic press. In these laws a number of the important liberal principles was proclaimed. It was highlighted that there are no special crimes of the press, and there are only ordinary crimes committed by means of the press. Appeals to change of an order of a succession to the throne, attacks against legitimate authority of the king and parliament were equated to the category of serious crimes. All other appeals belonged to the less strictly punished crimes. In special kate-

^гаЫ L. Les Negaiy аш^ de 1814 and 1875. Aiyeg, 1985. River 84.

^гог J. Shouting. sk. River 115-116.

3 Doctrinaires were consecutive supporters of the Charter and the liberal transformations in the country which are carried out, however, with the consent of the king and with his support. In a word, they wanted to reconcile as then spoke, the Charter and Burbons that was practical unreal business in the conditions of revelry of royalist terror in the country.
4 See: V.A. Butenko. The liberal party in France during the Restoration era. T. 1. SPb., 1913. Page 373-74.

goriya of the punished criminals were allocated insult of the person of the king and public morality, the slander directed to the address of certain both private, and state persons. Violation of public morality was meant as insult of the religion which is a basis of any morality. These provisions sparked criticism as from left, and from outside pravykh1.

In the first speech which the informal leader independent in B. Konstan's parliament delivered in the Chamber of Deputies on April 14, 1819 he passed an opinion on the bill prescribing punishments for crimes of the press. Paid special attention of B. Konstan to 4 and 5 articles of the bill which prescribed punishments for attacks to continuity of a throne and the form of government. He was sincerely convinced that these articles superfluous, and the overcaution can damage only as constitutional monarchy, according to him, represents the best form of government where all responsibility and criticism are assumed by ministers, and the monarch remains kind of in the shadow that cannot be told about the despotic government where are afraid for a succession to the throne order. At constitutional monarchy the empire of the law is firm, and overcautions just in principle should not exist.

by

in a performance affected Further Article 7. In it definition "conspirators" under which all violators of public tranquility speaking against the policy of the government or the king's person got for the first time sounded. Benzhamen Kon-stan in the speech not without justification said that only poor people act this way, most often they in a trouble or a grief speak bad about the king and the government, and it is impossible to consider them "conspirators". He suggested to facilitate him punishment, having reduced

imprisonment term from two years to three months as poor people are fed with work, and, having deprived of them an opportunity to earn on bread, it is only possible to kindle disorders, but not to nip them in the bud as it is provided in zakone2.

As for jury which need was proclaimed by doctrinaires in the previous session, its competence was considerably narrowed. De Serre believed that there is no need to overload the jury investigating, as a rule, complex and tangled affairs as, for example, definition of whether the publication contains an appeal to commission of crime or not while drawing offense which nature is not ambiguous could be considered by usual court. So, the bill provided that the slander allowed concerning government officials has to have legal proceedings jury, and political insults — criminal tribunal, that is they were brought from maintaining jury. In this doctrinaires point dispersed from left "independent" which considered that the jury has to extend to all offenses.

"Independent" attached great value to jury: they considered that there is a difference between crimes of the press and other crimes as the first always mention to some extent ambition of the authorities. Justification of the writer is kind of a celebration of opinion of the individual over opinion of the power therefore courts will not be able to judge disinterestedly. The created by the power, national courts are its integral part and have the common with it interests. That is why they will always be on the side of the power, but not the writer. Jurors are ordinary citizens and consequently, can fall into a state of the accused writer therefore they for -

1Archives to a raNesheShaka. you 2-t ed. Paris, 1873. V. 23. River 652 e: suiv. River 720-725.
2sosh: ash; Century of Discours de of t. Century Sog^aSh: and 1a ^атЬге des deputes. V. 1. Paris, 1827. River 11-13.

are interested in adoption of the fair decision. Right, on the contrary, considered jury incompetent in comparison with the usual court, besides, which is not possessing necessary independence and imbued party spirit.

Especially fierce disputes erupted concerning the law on slander and insult which was an integral part of the bill of de Serre trying to set the seal under reliable government control. Control over the press was necessary as "ultra" could use freedom of the press for strengthening of the already considerable influence in departments also involvement of new adherents that eventually inevitably would end with bloody disorders as it repeatedly happened in 18151816

The third law defined the special status of newspapers and other periodicals. He abolished need of obtaining government permission to the edition. From abuses each periodic body had to specify two guarantors as guarantees — responsible publishers or owners of the edition and also to post big bail for payments of possible penalties. These measures provided that the freedom of press will extend not to all citizens but only only on the certain layer having considerable money. Very frankly commented on it F. Gizo, the deputy -

tiv that neither society, nor parties are interested in that newspapers were at disposal of lower societies, it is necessary and it is useful that they were in hands of the people having education, having full independence and free leisure.

Provisions of the third bill were vigorously opposed by "independent". The third bill, according to B. Konsta-na, was the least liberal. In spite of the fact that it did not establish direct preventive measures against newspapers, the project provided indirect measures in the form of big pledge. The freedom of press did not exist for those who did not possess sufficient money to pay pledge. Only the wealthy political group which united around the newspaper was able to grant the necessary sum of money as pledge. But such opportunity did not answer the principles of Konstan, pledge was in that case a celebration of parties, and the separate opinion was doomed on molchaniye1. Benzhamen Konstan insisted on providing a guarantee to publishers as it was very difficult to imagine freedom of the press with such restrictions and tough punishments which were prescribed by the law for the least thing. All this as a result had to is inevitable to be given to refusal of an initiative and the courageous decisions inherent in this profession.

(To be continued)

1Bastid R.V. Sog^aSh: е: sa doctrine. V. 2. River 796-797.
Hedwig Carin
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