Philippe-Antoine Merlin

Philippe-Antoine Merlin, known as Merlin de Douai (, 30 October 1754 – 26 December 1838), was a French politician and lawyer.

Early life

Merlin de Douai was born at Arleux, Nord, and was called to the Flemish bar association in 1775. He collaborated in the ''Répertoire de jurisprudence'', the later editions of which appeared under Merlin's superintendence, and contributed to other important legal compilations. In 1782 he purchased a position as royal secretary at the chancellery of the Flanders parlement. His reputation spread to Paris and he was consulted by leading magistrates. The Duke of Orléans selected him to be a member of his privy council.

As an elected member of the States-General for the Third Estate in Douai, he was one of the chief of those who applied the principles of liberty and equality embodied in the National Constituent Assembly's '' Tennis Court Oath'' of 20 June 1789.

Career

On behalf of the committee, appointed to deal with the ''Ancien Régime''’s nobility rights, Merlin de Douai presented to the Assembly reports on manorialism and the subjects of redistribution with compensation, and topics associated with them (hunting and fishing rights, forestry etc.). He carried legislation for the abolition of primogeniture and secured equality of inheritance between relatives of the same degree and between men and women. He also prepared the report for the Assembly that argued that no compensation should be paid to the German princes whose lands in Alsace were forfeit when France incorporated them.

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 of the criminal court at Douai.

National Convention

Although not always an advocate of violent measures, as a deputy to the National Convention in The Mountain, Merlin de Douai voted for the execution of King Louis XVI. Later, as a member of the council of legislation, he presented to the Convention the ''Law of Suspects'' (17 September 1793), permitting the detention of suspects, (a document backed by Georges Couthon and Maximilien Robespierre). He exercised missions in his native region and accused General Charles François Dumouriez of having betrayed the country during the Campaign of the Low Countries (after the Battle of Neerwinden).

Merlin de Douai was closely allied with his namesake Merlin of Thionville and, after the start of the Thermidorian Reaction, which brought about the fall of Robespierre in 1794, became president of the Convention and a member of the Committee of Public Safety. His efforts were primarily directed to the prevention of any new gathering of powers by the Jacobin Club, the Commune and the Revolutionary Tribunal.

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 and criminal legislation 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, branding and life imprisonment and was based chiefly on the penal code that had been drawn up in September 1791.

Directory

He was made Minister of Justice (30 October 1795) and later Minister of the General Police (2 January 1796) under the Directory, before moving back to the Justice Ministry (3 April 1796) keeping tight surveillance of the Royalist '' émigrés''. After the ''coup d'état'' known as '' 18 Fructidor'', he became one of the five Directors on 5 September 1797. He was accused of the bankruptcy and various other failures of the government and was forced to retire into private life during the Coup of 30 Prairial VII on 18 June 1799.

Consulate and Empire

Merlin de Douai had no share in Napoleon Bonaparte's '' 18 Brumaire'' coup. Under the Consulate, Merlin de Douai accepted a minor position in the '' Cour de cassation'', where he soon became ''procureur-général'' (Attorney General).Chronicle of the French Revolution, Longman Group 1989 p.669 Although he had no share in drawing up the Napoleonic Code, he was very involved in matters regarding its application. He became a member of the ''Conseil d'État'', Count of the Empire, and '' Grand Officier de la Légion d'honneur''.

Exile and July Monarchy

Having resumed his functions during the Hundred Days, he was one of those banished on the Second Bourbon Restoration.

The years of his 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, he returned to France and re-entered the ''Institut de France'', of which he had been an original member. He was admitted to the Academy of Political and Moral Sciences by the July Monarchy. He died in Paris in 1838 at the age of 84.

Personal life

Merlin de Douai's son, Antoine François Eugène Merlin (1778–1854), was a well-known general in the French Revolutionary Army and served in most of the Napoleonic Wars.

Bibliography

''Moyen de subvenir promptement aux besoins de l'État, & singulierement au remboursement du prix des offices dont la vénalité est supprimée''
1789

''Rapport fait au Comité des droits féodaux, le 4 septembre 1789, sur l'objet & l'ordre du travail dont il est chargé''
1789
* ''Recueil général de jurisprudence françoise'', 1790

''Opinion de M. Merlin sur la nécessité de rendre le Tribunal de Cassation sédentaire''
1790

''Rapport fait à l'Assemblée nationale au nom du comité de féodalité le 8 février 1790''
1790

''Opinion de Philippe-Antoine Merlin ... sur le procès de Louis XVI''
1793

''Projet de décret, présenté au nom du Comité de législation, par Ph. Ante. Merlin (de Douay), sur la manière de faire le procès aux fonctionnaires prévenus de malversations relatives aux biens nationaux''
1793

''Pieces justificatives a joindre au rapport du citoyen Merlin de Douai, sur l'affaire des citoyens Sanguin''
1794

''Ph. Ant. Merlin, membre de l'Institut national, au Conseil des cinq-cents''
1798

See also

* Pierre Marie François Ogé Sculptor of bust

Notes

References

* ''In turn, it gives the following reference:''
** François Auguste Alexis Mignet, ''Portraits et notices historiques'' (1852), vol. I

External links

Bio at the Académie française

{{DEFAULTSORT:Merlin De Douai, Philippe-Antoine
1754 births
1838 deaths
People from Nord (French department)
Counts Merlin
Deputies to the French National Convention
Directeurs of the First French Republic
18th-century French jurists
17th-century French lawyers
Members of the Académie Française
Members of the Council of Ancients
Knights of the First French Empire
Grand Officers of the Legion of Honour
Members of the Académie des sciences morales et politiques
Expelled members of the Académie Française
People on the Committee of Public Safety
University of Douai alumni
Représentants en mission
Presidents of the National Convention
State ministers of France
Members of the Chamber of Representatives (France)
19th-century French jurists