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56 A.B.A. J. 339 (1970)
République Francaise v. Louis Capet et al.

handle is hein.journals/abaj56 and id is 341 raw text is: Republique Frangaise v. Louis Capet et at. by Eberhard P. Deutsch The French Revolution began with cries of libertd, 6galitd, fraternit6 and was largely responsible for the movement of the forces of democracy, nationalism and socialism around the world. Its famous trials, beginning with that of Louis XVI, initiated one of the bloodiest periods in history- the Reign of Terror-so intense that none of the Revolution's leaders were able to escape its ruthless grasp. W HILE THE AMERICAN Declara- tion of Independence first pro- claimed to the world that governments derive their just powers from the con- sent of the governed, it was the French Revolution that really set in motion the inexorable forces of democ- racy, nationalism and socialism on their relentless march over much of the globe. It is in the light of this episodic struggle in France, as viewed in retro- spect nearly two centuries later, that the famous trials of the French Revolu- tion should be considered, in the con- text of the events forming both the pro- logue and epilogue of that momentous epoch in world history. In 1788, the finances of the realm were in a deplorable state, and Louis XVI recalled as his Minister of Fi- nance Jacques Necker,1 monetary gen- ius on -whom he had previously relied when in financial difficulties and whom he had dismissed as readily when Necker incurred the Queen's displeas- ure. Neckerfs first advice to his King was to summon into session the States- General, the only French institution that might fairly be considered to rep- resent all of the people of the country, so that measures might be taken to sta- bilize the economy of the nation. The States-General met at Versailles on May 5, 1789, and was composed of 300 representatives of the clergy, 300 of the nobility and 600 of the com- mons. At first they met separately, as in the past, but the Third Estate in- sisted on convening in the only hall large enough for all three and then de- manded that they meet in joint ses- sions and vote par tte-as a single body. On June 17, 1789, six weeks after the States-General had been convened, its members declared themselves to be a National Constituent Assembly and adopted a resolution to the effect that payment of taxes was to be continued only so long as the Assembly remained in session. At a sgance royale on June 23, the King issued a countermanding decree, directing that the three estates were to meet separately, and he or- dered their large meeting hall closed. But the Third Estate had anticipated the royal action and on June 20 had met in the local tennis court.2 There all of the members took a solemn oath to continue their deliberations until the constitution of the realm is set up and consolidated on a firm founda- tion. The King capitulated and on June 27 ordered the clergy and nobility to unite and meet with the Third Estate. He thus gave up his royal prerogatives to a legislative body composed of rep- resentatives of all classes, convened as a National Constituent Assembly for the purpose of giving France a written constitution. From King of France to King of the French It was generally anticipated that the National Assembly would not endeavor to create a republic, but would simply change the government from an abso- lute to a limited monarchy. Sover- eignty was to emanate from the people, and the King was no longer to be the fountainhead of all legislative, execu- tive and judicial authority. He would become King of the French instead of King of France. On October 5, 1789, a procession led by market women made its way to Ver- 1. Father of famed French writer, Madame de Stael. 2. A large room where the original game was played without racquets-not a court for the modern game. April, 1970 @ Volume 56 339

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