ing to the
judiciary power to preserve the Constitution against the legislature.
Sieyes invented a special body of men for the purpose, calling them
the constitutional jury, and including not judges, for he suspected
those who had administered the ancient law of France, but the _elite_
of veteran politicians.
Thus, although all power emanates from the nation alone, and very
little can be delegated to an hereditary and irresponsible monarch, he
intended to restrict its exercise at every point, and to make sure
that it would never be hasty, or violent, and that minorities should
be heard. In his sustained power of consistent thinking, Sieyes
resembles Bentham and Hegel. His flight is low, and he lacks grace and
distinction. He seems to have borrowed his departments from
Harrington, the distilled unity of power from Turgot, the rule of the
mass of taxpayers over the unproductive class above them, from the
notion that labour is the only source of wealth, which was common to
Franklin and Adam Smith. But he is profoundly original, and though
many modern writers on politics exceed him in genius and eloquence and
knowledge, none equal him in invention and resource. When he was out
of public life, during the Legislative Assembly, he acted as adviser
to the Girondins. Therefore he became odious to Robespierre who, after
the fall of Danton, turned against him, and required Barere to see
what he could be charged with. For, he said, Sieyes has more to answer
for as an enemy to freedom than any who have fallen beneath the law.
The Abbe's nerves never quite recovered from the impressions of that
time. When he fell ill, forty years later, and became feverish, he
sent down to tell the porter that he was not at home, if Robespierre
should call. He offered some ideas for the Constitution of 1795, which
found no support. He patiently waited till his time came, and refused
a seat on the Directory. In 1799, when things were at the worst, he
came back from the embassy at Berlin, took the command, and rendered
eminent service. He had no desire for power. "What I want," he said,
"is a sword." For a moment he had thought of the Duke of Brunswick and
the Archduke Charles; at last he fixed on Joubert, and sent him to
fight Suworow in Italy. If he had come home crowned with victory, the
remnant of the National Assembly was to have been convoked, to place
the daughter of Lewis on her father's throne.
At Novi, in the first action, Joubert fell,
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