Lot no. 15
JAURÈS (Jean). Born in Castres. 1859 - assassinated in July 1914. Professor of philosophy. Socialist orator and politician. Founder of L'Humanité. First President of the French Socialist Party. M.A.S. "Jean Jaurès" titled "Effort nécessaire". S.l.n.d. [Paris, 13 April 1905]. 19 pages 1/3 in-4, numbered. Rare and important manuscript by the socialist MP Jean Jaurès during the drafting of the law on the separation of Church and State in April 1905. First draft manuscript (erasures and corrections, smudges and ink stains), preliminary to an article published in L'Humanité on Friday 14 April 1905, on the front page of the newspaper that Jaurès had founded, under the title "EFFORT NÉCESSAIRE" (annotation at the top in blue protective pencil). At the heart of the 13th day of debate in the Chamber of Deputies: Jaurès, who was in favour of the Separation Act, defended Article 2 "The Republic shall not recognise, support or subsidise any religion...". He downplayed the importance of the amendment to this article tabled by right-wing MPs Maurice Sibille, Jules Legrand and Georges Leygues, which called for the introduction of chaplains in public establishments: "This amendment," he said, "is not, in itself, of great importance (...). Not for one minute did the Commission think of depriving prisoners, the sick or schoolchildren of the possibility of practising their religion and calling on the minister of their faith in the prison, hospital or school. And it goes without saying that these ministers of religion, even under the system of separation, may be paid by the State or through the intermediary of the State (...). As M. Bienvenu-Martin [the Minister for Religious Affairs] explained, there is not the slightest derogation here from the very principle of the new law, which prohibits the State, the départements and the communes from subsidising any religion whatsoever. (...) All these events in which the State intervenes, but as a delegate and substitute for private individuals and not to recognise and subsidise a religion, are therefore not contrary to the religious neutrality instituted by the Law of Separation. What is true is that when the Separation Act is passed, the State must endeavour to choose a method of accounting that, even in these somewhat ambiguous cases, frees it from any appearance of denominational intervention. (...) But once again the Commission and the Minister were right to say, against M. Sibille, that these kinds of payments made by the State, as agent and on behalf of minors, did not undermine the great law of denominational neutrality passed by the Chamber. It was therefore unnecessary to formulate a legal provision allowing them, as Mr Sibille proposed. Mr Sibille won by a few votes, but that did not change the substance of the matter. The republicans joined the right and the centre, who were opposed to the law, and thought it was wrong to join them, because the work of separation would continue resolutely. For a moment, the clerics and progressives appeared to be triumphing in a rather illusory success that did not compromise any of the essential parts of the law. The law is broadly liberal enough, concerned enough to protect all rights and even all customs, so that those who are most concerned about freedom can vote for it without making any significant changes. From now on, whatever the number of amendments, the House is clearly determined to succeed (...). The government and the majority, whose agreement and strength were not broken by last night's vote, must consider it a higher duty to deliberate on a continuous effort until their work is completed. The ground has now been cleared. Only two major battles remain to be fought, on the question of religious associations and that of religious buildings... The law on the separation of Church and State, an emblematic measure of the Third Republic, owes a great deal to the action of the Socialists. Three of them in particular contributed to the conception, the democratic inflexion and the adoption of the law in December 1905: the Jaurésian Aristide Briand, who was the rapporteur emeritus, the manoeuvrer who led the Commission des trente-trois where he wanted to lead it, Francis de Pressensé, the inspirer, the initiator of the legislative process, and the deputy from the Tarn, Jean Jaurès, the recognised leader, who showed the way and intervened at decisive moments.
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