Lectures on the French Revolution

by Baron John Emerich Edward Dalberg Acton Acton

The Americans were aware that democracy might be weak and unintelligent, but also that it might be despotic and oppressive. And they found out the way to limit it, by the federal system, which suffers it to exist nowhere in its plenitude. They deprived their state governments of the powers that were enumerated, and the central government of the powers that were reserved. As the Romans knew how monarchy would become innocuous, by being divided, the Americans solved the more artful problem of dividing democracy into two.

Many Frenchmen were convinced that Federalism would be the really liberal policy for them. But the notion was at once pushed aside by Mounier, and obtained no hearing. And the division of powers, which he substituted, was rejected in its turn. They would not admit that one force should be checked and balanced by another. They had no resource but general principles, to abolish the Past and secure the Future. By declaring them, they raised up an ideal authority over the government and the nation, and established a security against the defects of the Constitution and the power of future rulers. The opponents of the Declaration fought it on the proposal to add a declaration of duties. The idea was put forward by the most learned of the deputies, the Jansenist Camus, and the clergy supported him with energy. The Assembly decided that a system of rights belonged to politics, and a system of duties to ethics, and rejected the motion, on the morning of the 4th of August, by 570 to 433.

This was the deciding division on the question of the Rights of Man. After some days, absorbed by the crisis of aristocracy, the distracted and wearied Assembly turned again from the excitement of facts and interests to the discussion of theory. A new committee of five was appointed to revise the work of the committee of eight, which dealt with the entire Constitution.

On August 17 Mirabeau reported their scheme. His heart was not in it; and he resented the intrusion of hampering generalities and moralities into the difficult experimental science of government. He advised that the Constitution should be settled first, that the guide should follow instead of preceding. The Assembly rejected the proposals of its committees, and all the plans which were submitted by the celebrities. The most remarkable of these was by Sieyès, and it met with favour; but the final vote was taken on a less illustrious composition, which bore no author's name. The selected text was less philosophical and profound, and it roused less distant echoes than its rival; but it was shorter, and more tame, and it was thought to involve fewer doubtful postulates, and fewer formidable consequences. Between the 20th and 26th of August it was still further abridged, and reduced from twenty-four propositions to the moderate dimension of seventeen. These omissions from a document which had been preferred to very remarkable competitors are the key to the intentions of the National Assembly, and our basis of interpretation.

The original scheme included a State Church. This was not adopted. It distinguished the inequality of men from the equality of rights. This was deemed self-evident and superfluous. It derived the mutual rights of men from their mutual duties—and this terrestrial definition also disappeared, leaving the way open to a higher cause. The adopted code was meagre and ill-composed, and Bentham found a malignant pleasure in tearing it to pieces. It is, on the whole, more spiritual than the one on which it was founded, and which it generally follows; and it insists with greater energy on primitive rights, anterior to the State and aloof from it, which no human authority can either confer or refuse. It is the triumphant proclamation of the doctrine that human obligations are not all assignable to contract, or to interest, or to force.

The Declaration of the Rights of Man begins with an appeal to heaven, and defines them in the presence, and under the auspices, of Almighty God. The Preamble implies that our duties towards Him constitute our rights towards mankind, and indicates the divine origin of Law, without affirming it. The Declaration enumerates those rights which are universal, which come from nature, not from men. They are four: Liberty, Property, Security, and Self-defence. Authorities are constituted, and laws are made, in order that these original, essential, and supreme possessions of all mankind may be preserved.

The system of guarantees is as sacred as the rights which they protect. Such are the right of contributing by representatives to legislation and taxation, religious toleration, the liberty of the press. As the rights are equal, the power of ensuring them must be equal. All men alike have a share in representation, all alike are admissible to office, all must be taxed in the same proportion. The law is the same for all. The principle of equality is the idea on which the Declaration most earnestly insists. Privilege had just been overthrown, and the duty of providing against indirect means for its recovery was the occupation of the hour. That this may be secured, all powers must be granted by the people, and none must be exercised by the people. They act only through their agents. The agent who exercises power is responsible, and is controlled by the sovereign authority that delegates it. Certain corollaries seem to follow: restricted suffrage, progressive taxation, an established church, are difficult to reconcile with equality so profoundly conceived. But this is not explicit. Questions regarding education, poverty, revision, are not admitted among the fundamentals and are left to future legislation. The most singular passage is that which ordains that no man may be molested for his opinions, even religious. It would appear that Toleration was that part of the liberal dogma for which the deputies were least prepared.

The Declaration passed, by August 26, after a hurried debate, and with no further resistance. The Assembly, which had abolished the past at the beginning of the month, attempted, at the end, to institute and regulate the future. These are its abiding works, and the perpetual heritage of the Revolution. With them a new era dawned upon mankind.

And yet this single page of print, which outweighs libraries, and is stronger than all the armies of Napoleon, is not the work of superior minds, and bears no mark of the lion's claw. The stamp of Cartesian clearness is upon it, but without the logic, the precision, the thoroughness of French thought. There is no indication in it that Liberty is the goal, and not the starting-point, that it is a faculty to be acquired, not a capital to invest, or that it depends on the union of innumerable conditions, which embrace the entire life of man. Therefore it is justly arraigned by those who say that it is defective, and that its defects have been a peril and a snare.

It was right that the attempt should be made; for the extinction of privilege involved a declaration of rights. When those that were exclusive and unequal were abandoned, it was necessary to define and to insist on those that were equal and the property of all. After destroying, the French had to rebuild, and to base their new structure upon principles unknown to the law, unfamiliar to the people, absolutely opposed to the lesson of their history and to all the experience of the ages in which France had been so great. It could not rest on traditions, or interests, or any persistent force of gravitation. Unless the idea that was to govern the future was impressed with an extreme distinctness upon the minds of all, they would not understand the consequences of so much ruin, and such irrevocable change, and would drift without a compass. The country that had been so proud of its kings, of its nobles, and of its chains, could not learn without teaching that popular power may be tainted with the same poison as personal power.