Philippe-Antoine Merlin de Douai
Encyclopedia
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
politician and lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
.
Early years
Merlin de Douai was born at ArleuxArleux
Arleux is a commune in the Nord department in northern France.-Heraldry:-References:*...
, Nord, and was called to the Flemish bar association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
in 1775. He collaborated in the Repertoire de jurisprudence, the later editions of which appeared under Merlin's superintendence, and contributed to other important legal compilations. Elected to the States-General
Estates-General of 1789
The Estates-General of 1789 was the first meeting since 1614 of the French Estates-General, a general assembly representing the French estates of the realm: the nobility, the Church, and the common people...
for the Third Estate in Douai
Douai
-Main sights:Douai's ornate Gothic style belfry was begun in 1380, on the site of an earlier tower. The 80 m high structure includes an impressive carillon, consisting of 62 bells spanning 5 octaves. The originals, some dating from 1391 were removed in 1917 during World War I by the occupying...
, he was one of the chief of those who applied the principles of liberty and equality embodied in the National Constituent Assembly
National Constituent Assembly
The National Constituent Assembly was formed from the National Assembly on 9 July 1789, during the first stages of the French Revolution. It dissolved on 30 September 1791 and was succeeded by the Legislative Assembly.-Background:...
's Tennis Court Oath
Tennis Court Oath
The Tennis Court Oath was a pivotal event during the first days of the French Revolution. The Oath was a pledge signed by 576 of the 577 members from the Third Estate who were locked out of a meeting of the Estates-General on 20 June 1789...
of 4 August 1789.
Career
On behalf of the committee, appointed to deal with Ancien Régime nobility rightsFrench nobility
The French nobility was the privileged order of France in the Middle Ages and the Early Modern periods.In the political system of the Estates General, the nobility made up the Second Estate...
, Merlin de Douai presented to the Assembly reports on manorialism
Manorialism
Manorialism, an essential element of feudal society, was the organizing principle of rural economy that originated in the villa system of the Late Roman Empire, was widely practiced in medieval western and parts of central Europe, and was slowly replaced by the advent of a money-based market...
and the subjects of redistribution
Redistribution (economics)
Redistribution of wealth is the transfer of income, wealth or property from some individuals to others caused by a social mechanism such as taxation, monetary policies, welfare, nationalization, charity, divorce or tort law. Most often it refers to progressive redistribution, from the rich to the...
with compensation, and topics associated with that (hunting and fishing rights, forestry, etc.). He carried legislation for the abolition of primogeniture
Primogeniture
Primogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...
, secured equality of inheritance
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
between relatives of the same degree, and between men and women.
His numerous reports were supplemented by popular exposition of current legislation in the Journal de legislation. On the dissolution of the Assembly, he became judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the criminal court at Douai.
Convention
Although not advocate of violent measures, as deputy to the National ConventionNational Convention
During the French Revolution, the National Convention or Convention, in France, comprised the constitutional and legislative assembly which sat from 20 September 1792 to 26 October 1795 . It held executive power in France during the first years of the French First Republic...
with The Mountain
The Mountain
The Mountain refers in the context of the history of the French Revolution to a political group, whose members, called Montagnards, sat on the highest benches in the Assembly...
, Merlin de Douai voted for the execution
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
of King Louis XVI
Louis XVI of France
Louis XVI was a Bourbon monarch who ruled as King of France and Navarre until 1791, and then as King of the French from 1791 to 1792, before being executed in 1793....
, and then, as a member of the council of legislation, he presented to the Convention the Law of Suspects
Law of Suspects
The Law of Suspects is a term which is used to refer to an enactment passed on 17 September 1793 during the course of the French Revolution. It allowed for the creation of revolutionary tribunals to try those who were suspected of treason against the Republic and to punish those convicted with death...
(17 September 1793), permitting the detention of suspects (a document backed by Georges Couthon
Georges Couthon
Georges Auguste Couthon a French politician and lawyer in the French Revolution. Couthon would befriend Robespierre and serve on the Committee of Public Safety with him from 30 May 1793 until his and Robespierre’s deaths in 1794...
and Maximilien Robespierre
Maximilien Robespierre
Maximilien François Marie Isidore de Robespierre is one of the best-known and most influential figures of the French Revolution. He largely dominated the Committee of Public Safety and was instrumental in the period of the Revolution commonly known as the Reign of Terror, which ended with his...
). He exercised missions in his native region, and accused General Charles François Dumouriez
Charles François Dumouriez
Charles-François du Périer Dumouriez was a French general during the French Revolutionary Wars. He shared the victory at Valmy with General François Christophe Kellermann, but later deserted the Revolutionary Army and became a royalist intriguer during the reign of Napoleon.-Early life:Dumouriez...
of having betrayed the country during the Campaign of the Low Countries
French Revolutionary Wars: Campaigns of 1793
The French Revolutionary Wars continued from 1792, with new powers entering the First Coalition after the execution of King Louis XVI. Spain and Portugal entered the coalition in January 1793, and on 1 February France declared war on Great Britain and the Netherlands.At the opening of the year,...
(after the battle of Neerwinden
Battle of Neerwinden (1793)
The Battle of Neerwinden took place on near the village of Neerwinden in present-day Belgium between the Austrians under Prince Josias of Coburg and the French under General Dumouriez...
).
Merlin de Douai was closely allied with his namesake Merlin of Thionville
Antoine Christophe Merlin
Antoine Christophe Merlin was a member of several legislative bodies during the era of the French Revolution. He is usually called "Merlin de Thionville" to distinguish him from Philippe-Antoine Merlin de Douai.He was born at Thionville, the son of a procureur in the bailliage of Thionville...
and, after the start of the Thermidorian Reaction
Thermidorian Reaction
The Thermidorian Reaction was a revolt in the French Revolution against the excesses of the Reign of Terror. It was triggered by a vote of the Committee of Public Safety to execute Maximilien Robespierre, Antoine Louis Léon de Saint-Just de Richebourg and several other leading members of the Terror...
which brought about the fall of Robespierre in 1794, he became president of the Convention and a member of the Committee of Public Safety
Committee of Public Safety
The Committee of Public Safety , created in April 1793 by the National Convention and then restructured in July 1793, formed the de facto executive government in France during the Reign of Terror , a stage of the French Revolution...
. His efforts were primarily directed to the prevention of any new gathering of powers by the Jacobin Club
Jacobin Club
The Jacobin Club was the most famous and influential political club in the development of the French Revolution, so-named because of the Dominican convent where they met, located in the Rue St. Jacques , Paris. The club originated as the Club Benthorn, formed at Versailles from a group of Breton...
, the Commune
Paris Commune (French Revolution)
The Paris Commune during the French Revolution was the government of Paris from 1789 until 1795. Established in the Hôtel de Ville just after the storming of the Bastille, the Commune became insurrectionary in the summer of 1792, essentially refusing to take orders from the central French...
, and the Revolutionary Tribunal
Revolutionary Tribunal
The Revolutionary Tribunal was a court which was instituted in Paris by the Convention during the French Revolution for the trial of political offenders, and eventually became one of the most powerful engines of the Reign of Terror....
.
Merlin de Douai convinced the Committee of Public Safety to agree with the closing of the Jacobin Club, on the ground that it was an administrative rather than a legislative measure. Merlin de Douai recommended the readmission of the survivors of the Girondin party to the Convention, and drew up a law limiting the right of insurrection; he had also a considerable share in the foreign policy of the French Republic.
Merlin de Douai had been commissioned in April 1794 to report on the civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal legislation
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
of France, and, after eighteen months work, he produced the Rapport et projet de code des délits et des peines (10 Vendémiaire, an IV). Merlin's code abolished confiscation
Confiscation
Confiscation, from the Latin confiscatio 'joining to the fiscus, i.e. transfer to the treasury' is a legal seizure without compensation by a government or other public authority...
, branding, and life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
, and was based chiefly on the penal code drawn up in September 1791.
Directory
He was made Minister of Justice (30 October 1795) under the DirectoryFrench Directory
The Directory was a body of five Directors that held executive power in France following the Convention and preceding the Consulate...
, and kept tight surveillance
Surveillance
Surveillance is the monitoring of the behavior, activities, or other changing information, usually of people. It is sometimes done in a surreptitious manner...
of the Royalist
House of Bourbon
The House of Bourbon is a European royal house, a branch of the Capetian dynasty . Bourbon kings first ruled Navarre and France in the 16th century. By the 18th century, members of the Bourbon dynasty also held thrones in Spain, Naples, Sicily, and Parma...
émigré
Émigré
Émigré is a French term that literally refers to a person who has "migrated out", but often carries a connotation of politico-social self-exile....
s. After the coup d'état
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
known as 18 Fructidor, he became one of the five Directors on 5 September, 1797. He was accused of the bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
and various other failures of the government and retired into private life on 18 June 1799.
Consulate and Empire
Merlin de Douai had no share in Napoleon BonaparteNapoleon I of France
Napoleon Bonaparte was a French military and political leader during the latter stages of the French Revolution.As Napoleon I, he was Emperor of the French from 1804 to 1815...
's 18 Brumaire
18 Brumaire
The coup of 18 Brumaire was the coup d'état by which General Napoleon Bonaparte overthrew the French Directory, replacing it with the French Consulate...
coup. Under the Consulate
French Consulate
The Consulate was the government of France between the fall of the Directory in the coup of 18 Brumaire in 1799 until the start of the Napoleonic Empire in 1804...
, Merlin de Douai accepted a minor position in the Cour de cassation
Court of Cassation (France)
The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based solely on points of law...
, where he soon became procureur-général. Although he had no share in drawing up the Napoleonic code
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
, he was very involved in matters regarding its application. He became a member of the Conseil d'État, Count
Count
A count or countess is an aristocratic nobleman in European countries. The word count came into English from the French comte, itself from Latin comes—in its accusative comitem—meaning "companion", and later "companion of the emperor, delegate of the emperor". The adjective form of the word is...
of the Empire
First French Empire
The First French Empire , also known as the Greater French Empire or Napoleonic Empire, was the empire of Napoleon I of France...
, and Grand Officier de la Légion d'honneur
Légion d'honneur
The Legion of Honour, or in full the National Order of the Legion of Honour is a French order established by Napoleon Bonaparte, First Consul of the Consulat which succeeded to the First Republic, on 19 May 1802...
.
Exile and the July Monarchy
Having resumed his functions during the Hundred DaysHundred Days
The Hundred Days, sometimes known as the Hundred Days of Napoleon or Napoleon's Hundred Days for specificity, marked the period between Emperor Napoleon I of France's return from exile on Elba to Paris on 20 March 1815 and the second restoration of King Louis XVIII on 8 July 1815...
, he was one of those banished on the Second Bourbon Restoration
Bourbon Restoration
The Bourbon Restoration is the name given to the period following the successive events of the French Revolution , the end of the First Republic , and then the forcible end of the First French Empire under Napoleon – when a coalition of European powers restored by arms the monarchy to the...
.
The years of Merlin de Douai's exile were devoted to his Répertoire de jurisprudence (5th ed., 18 vols., Paris, 1827–1828) and to his Recueil alphabétique des questions de droit (4th ed., 8 vols., Paris, 1827–1828). At the 1830 July Revolution
July Revolution
The French Revolution of 1830, also known as the July Revolution or in French, saw the overthrow of King Charles X of France, the French Bourbon monarch, and the ascent of his cousin Louis-Philippe, Duke of Orléans, who himself, after 18 precarious years on the throne, would in turn be overthrown...
, he was able to return to France, and re-entered the Institut de France
Institut de France
The Institut de France is a French learned society, grouping five académies, the most famous of which is the Académie française.The institute, located in Paris, manages approximately 1,000 foundations, as well as museums and chateaux open for visit. It also awards prizes and subsidies, which...
, of which he had been an original member, being admitted to the Academy of Political and Moral Sciences
Academy of Political and Moral Sciences
The Académie des sciences morales et politiques is a French learned society. It is one of the five academies of the Institut de France.The académie was founded in 1795, suppressed in 1803, and reestablished in 1832 through the appeal of Guizot to King Louis Philippe New International Encyclopedia...
by the Orléans Monarchy
July Monarchy
The July Monarchy , officially the Kingdom of France , was a period of liberal constitutional monarchy in France under King Louis-Philippe starting with the July Revolution of 1830 and ending with the Revolution of 1848...
. Merlin de Douai died in Paris.
Personal life
Merlin de Douai's son, Antoine François Eugène Merlin (1778–1854), was a well-known general in the French armyFrench Revolutionary Army
The French Revolutionary Army is the term used to refer to the military of France during the period between the fall of the ancien regime under Louis XVI in 1792 and the formation of the First French Empire under Napoleon Bonaparte in 1804. These armies were characterised by their revolutionary...
, and served through most of the Napoleonic Wars
Napoleonic Wars
The Napoleonic Wars were a series of wars declared against Napoleon's French Empire by opposing coalitions that ran from 1803 to 1815. As a continuation of the wars sparked by the French Revolution of 1789, they revolutionised European armies and played out on an unprecedented scale, mainly due to...
.