Philippe-Antoine Merlin de Douai | |
|---|---|
 Portrait by Hilaire Ledru, 1812 | |
| President of theDirectory | |
| In office 26 May 1799 – 18 June 1799 | |
| Preceded by | Paul Barras |
| Succeeded by | Emmanuel-Joseph Sieyès |
| In office 25 February 1798 – 26 May 1798 | |
| Preceded by | Paul Barras |
| Succeeded by | Jean-François Reubell |
| Member of theDirectory | |
| In office 4 September 1797 – 18 July 1799 | |
| Preceded by | Lazare Carnot |
| Succeeded by | Jean-François Moulin |
| 48th President of the National Convention | |
| In office 3 August 1794 – 18 August 1794 | |
| Preceded by | Jean-Marie Collot d'Herbois |
| Succeeded by | Antoine Merlin de Thionville |
| Member of theNational Convention | |
| In office 21 September 1792 – 26 October 1795 | |
| Constituency | Nord |
| Signature |  |
Philippe-Antoine Merlin, known asMerlin de Douai (French pronunciation:[filipɑ̃twanmɛʁlɛ̃dədwɛ], 30 October 1754 – 26 December 1838), was a French politician andlawyer.[1]
Merlin de Douai was born atArleux,Nord, and was called to theFlemishbar association in 1775.[2] He collaborated in theRépertoire 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 Flandersparlement. His reputation spread to Paris and he was consulted by leading magistrates. TheDuke of Orléans selected him to be a member of his privy council.[3]
As an elected member of theStates-General for theThird Estate inDouai, he was one of the chief of those who applied the principles of liberty and equality embodied in theNational Constituent Assembly'sTennis Court Oath of 20 June 1789.
On behalf of the committee, appointed to deal with theAncien Régime’snobility rights, Merlin de Douai presented to the Assembly reports onmanorialism and the subjects ofredistribution with compensation, and topics associated with them (hunting and fishing rights, forestry etc.). He carried legislation for the abolition ofprimogeniture and secured equality ofinheritance between relatives of the same degree and between men and women.[4] He also prepared the report for the Assembly that argued that no compensation should be paid to the German princes whose lands inAlsace were forfeit when France incorporated them.[5]
His numerous reports were supplemented by popular exposition of current legislation in theJournal de legislation. On the dissolution of the Assembly, he becamejudge of the criminal court at Douai.[6]
Although not always an advocate of violent measures, as a deputy to theNational Convention inThe Mountain, Merlin de Douai voted for theexecution ofKing Louis XVI. Later, as a member of the council of legislation, he presented to the Convention theLaw of Suspects (17 September 1793), permitting the detention of suspects,[6] (a document backed byGeorges Couthon andMaximilien Robespierre).[7] He exercised missions in his native region and accused GeneralCharles François Dumouriez of having betrayed the country during theCampaign of the Low Countries (after theBattle of Neerwinden).
Merlin de Douai was closely allied with his namesakeMerlin of Thionville and, after the start of theThermidorian Reaction, which brought about the fall of Robespierre in 1794, became president of the Convention and a member of theCommittee of Public Safety.[8] His efforts were primarily directed to the prevention of any new gathering of powers by theJacobin Club, theCommune and theRevolutionary Tribunal.[6]
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 theGirondin 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 theFrench Republic.[6]
Merlin de Douai had been commissioned in April 1794 to report on thecivil andcriminal legislation of France, and, after eighteen months work, he produced theRapport et projet de code des délits et des peines (10 Vendémiaire, an IV). Merlin's code abolishedconfiscation,branding andlife imprisonment and was based chiefly on the penal code that had been drawn up in September 1791.[6]
He was madeMinister of Justice (30 October 1795) and later Minister of the General Police (2 January 1796)[9] under theDirectory, before moving back to the Justice Ministry (3 April 1796)[10] keeping tightsurveillance of theRoyalistémigrés. After thecoup d'état known as18 Fructidor, he became one of the five Directors on 5 September 1797. He was accused of thebankruptcy and various other failures of the government and was forced to retire into private life during theCoup of 30 Prairial VII on 18 June 1799.[11][6]
Merlin de Douai had no share inNapoleon Bonaparte's18 Brumaire coup. Under theConsulate, Merlin de Douai accepted a minor position in theCour de cassation, where he soon becameprocureur-général (Attorney General).[12] Although he had no share in drawing up theNapoleonic Code, he was very involved in matters regarding its application. He became a member of theConseil d'État,Count of theEmpire, andGrand Officier de la Légion d'honneur.
Having resumed his functions during theHundred Days, he was one of those banished on theSecond Bourbon Restoration.
The years of his exile were devoted to hisRépertoire de jurisprudence (5th ed., 18 vols., Paris, 1827–1828) and to hisRecueil alphabétique des questions de droit (4th ed., 8 vols., Paris, 1827–1828). At the 1830July Revolution, he returned to France and re-entered theInstitut de France, of which he had been an original member. He was admitted to theAcademy of Political and Moral Sciences by theJuly Monarchy. He died in Paris in 1838 at the age of 84.[6]
Merlin de Douai's son,Antoine François Eugène Merlin (1778–1854), was a well-known general in theFrench Revolutionary Army and served in most of theNapoleonic Wars.
This article incorporates text from a publication now in thepublic domain: Chisholm, Hugh, ed. (1911). "Merlin, Philippe Antoine, Count".Encyclopædia Britannica. Vol. 18 (11th ed.). Cambridge University Press. pp. 169–170.In turn, it gives the following reference:| Political offices | ||
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| Preceded by | Minister of Justice 1795–1796 | Succeeded by |
| Preceded by | Minister of Justice 1796–1797 | Succeeded by |
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