Charter of 1814

The Provisional government and the Senate write a monarchical constitution project of inspiration on April 6th, 1814. Louis XVIII refuses the Constitution known as of the Revenues, and grants a Charter, that of June 4th, 1814. Indeed Louis Stanislas Xavier became Louis XVIII since the official death of Louis XVII and cannot conceive to return on the throne of France by the call of the people. He is king de France of Divin right since 1795 and goes back the event to his reign starting from this date. The Constitution which the Senate proposes to him, which it should be said in passing, was not forgotten, is quite simply unacceptable for him. This Charter is application only in June 1815 because of the Hundred Days of Napoleon.

The Charter wants to be a compromise text, preserving many assets of the Révolution and Empire, while restoring the dynasty of the Bourbons. Its title highlights the compromise, indeed the " Charte" makes reference to the Old Mode and " constitutionelle" refers to a revolutionary will.

The Charter sets up a mode dominated by the person of the king who has a fundamental role in the institutions: " Very whole authority in France in the person of Roi".

The nature of the charter

It is a writing gathering a whole of Articles which define the responsibilities for the actors of the French State (King, Législatif, armed)

Guaranteed individual rights, property right, freedom of press and of expression, religious liberty (the Catholicisme is proclaimed religion of State).

the conscription is removed.

the sale of the national goods is not called into question, only those not sold are given to the former emigrants.

the capacity Exécutif belongs to the king (right of peace and war, alliances, nomination with employment, initiative of the laws). Article 14 allots to the king the right to legislate by ordinance “for the execution of the laws and the state security”. He is the chief of the armies. Louis XVIII, " sovereign by the grace of Dieu" , on the initiative of the laws and promulgates them. It appoints the ministers, who can be put in charge in front of the House of Commons. The ministers can be selected among the members of two rooms.

the capacity Législatif is divided between two rooms. The Room of the Pars, made up of noble of the Kingdom, is named by the king (with life and hereditarily) and the House of Commons of the departments is elected by the vote censitaire (the deputies pay more than 1000 francs of direct taxes, the voters more than 300), renewable by fifth each year. The House of Commons can be dissolved by the King. The rooms have the right of address.

the judicial power is entrusted to judges named by the king and irremovable; the institution of the Jury is confirmed. All the codes remain in force.

the old nobility is restored in its titles, the imperial nobility preserves to them his. The nobility does not confer “any exemption of the loads and the duties of the company”.

Monarchical will

Granted charter

Any law, any action to come, must respect the terms of this Charter. The king, like all his subjects, must yield there in the facts. Certain royalists however interpret the Charter like lower than the person of the king, since it is him which granted it.

Preamble to the charter

The king returns from a " long absence" and wants to be a father (fratricidal Revolution = conflict?), a peacemaker for the people. He answers the " wish of the peuple" according to an act " worthy of the roi".

" is needed; to join again the chain of the temps" : the French revolution and the Napoleonean period are only one nightmare which would have to be forgotten. There is a desire of continuity with the Old Mode without to return to an absolute monarchy.

Search for compromise

Historically: it made it possible to reassure the members of Parliament and to support the return of a royalty, Louis XVIII being again established. -----

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