ABSTRACT
In its decree of 22 May 1790 placing the power to declare war and make peace in the hands of the Assembly rather than the king, the Assembly declared that in its view the era of wars fought by crowned heads over territory was ended. The king, however, remained at the head of the armed forces and responsible for the conduct of foreign policy.
The National Assembly decrees to be constitutional articles:
The right of declaring peace and war belong to the nation. War may only be decided upon through a decree from the National Assembly. …
The care of looking after the external safety of the kingdom, of maintaining its rights and its possessions, is delegated, through the Constitution, to the king; only he may maintain foreign political relationships, direct negotiations, choose the agents for the former, undertake preparations for war proportionate to those of neighbouring states, distribute the forces of land and sea, as he will judge proper, and determine their direction in the case of war.
In the case of hostilities that are imminent or that have already commenced, regarding an ally to be supported, or regarding a right to be preserved by force of arms, the king will be obliged to give due notification to the legislative body without any delay, and to make known its causes and its motives; and if the legislative body is not in session, it will meet immediately.
On such notification, if the legislative body judges that the hostilities that have already commenced are culpable aggression on the part of ministers, or of certain other agents of the executive authorities, the author of this aggression will be prosecuted for lèse-nation; the National Assembly declaring to this effect that the French nation renounces the undertaking of any war with a view to making conquests, and that it will never use its forces against the freedom of any people.
On the same notification, if the legislative body decides that war must not be waged, the executive authorities will be obliged to take immediate measures to have any hostility halted or prevented, the responsibility for time limits being left to the ministers; any declaration of war will be made on these terms ON BEHALF OF THE KING AND IN THE NAME OF THE NATION.
Over the entire course of the war, the legislative body may require the executive authorities to negotiate for peace, and the executive authorities will be obliged to defer to this requirement.
At the moment when the war ceases, the legislative body will settle on the time within which those troops placed at the ready beyond the commencement of peace will be dismissed, and the army reduced to its standing state; the pay of the said troops will be continued only until the same time, after which, if the special troops remain assembled, the minister will be responsible and will be prosecuted for lèse-nation; It will be up to the king to make and sign all agreements with foreign powers necessary for the good of the State; and the treaties for peace, alliance and trade will only be executed inasmuch as they will have been ratified by the legislative body.
Source: Gazette nationale ou le Moniteur universel, no. 143, 23 May 1790, vol. 4, p. 432.https://s3-euw1-ap-pe-df-pch-content-public-p.s3.eu-west-1.amazonaws.com/9781032618814/e9ac31eb-0a68-4fdc-b417-e6e5b1e67c6c/content/fig8_Unfig_001.tif" xmlns:xlink="https://www.w3.org/1999/xlink"/>