The constitutional cause, already opposed by Conservatives, was now deserted by the Liberals. Malouet remained at his post. He had been less prominent and less eager than Mounier, and he was not so easily discouraged. The Left were now able to carry out in every department of the State their interpretation of the Rights of Man. They were governed mainly by two ideas. They distrusted the king as a malefactor, convicted of the unpardonable sin of absolutism, whom it was impossible to subject to too much limitation and control; and they were persuaded that the securities for individual freedom which are requisite under a personal government are superfluous in a popular community conducting its affairs by discussion and compromise and adjustment, in which the only force is public opinion. The two views tended to the same practical result—to strengthen the legislative power, which is the nation, and weaken the executive power, which is the king. To arrest this tendency was the last effort that consumed the life of Mirabeau. The danger that he dreaded was no longer the power of the king, but the weakness of the king.
The old order of things had fallen, and the customary ways and forces were abolished. The country was about to be governed by new principles, new forms, and new men. All the assistance that order derives from habit and tradition, from local connection and personal credit, was lost. Society had to pass through a dangerous and chaotic interval, during which the supreme need was a vigorous administration. That is the statesmanlike idea which held possession of Mirabeau, and guided him consistently through the very tortuous and adventurous course of his last days. He had no jealousy of the Executive. Ministers ought to be chosen in the Assembly, ought to lead the Assembly, and to be controlled by it; and then there would be no motive to fear them and to restrict their action. That was an idea not to be learnt from Montesquieu, and generally repudiated by theorists of the separation of powers. It was familiar to Mirabeau from his experience of England, where, in 1784, he had seen the country come to the support of the king against the parliament. Thence he gathered the conception of a patriot king, of a king the true delegate and mandatory of the nation, in fact of an incipient Emperor. If his schemes had come to anything, it is likely that his democratic monarch might have become as dangerous as any arbitrary potentate could be, and that his administration would have proved as great an obstacle to parliamentary government as French administration has always been since Napoleon. But his purpose at the time was sincerely politic and legitimate, and he undertook alone the defence of constitutional principles. During the month of September Mirabeau raised the question of a parliamentary Ministry, both in the press and in the Assembly. He prepared a list of eminent men for the several offices, assigning to himself a seat in the Cabinet without a portfolio. It was a plan to make him and Talleyrand masters of the Government. The Ministers of the day did not trust him, and had no wish to make way for him, and when, on November 6, he proposed that Ministers be heard in the National Assembly, the Archbishop of Bordeaux instigated Montlosier and Lanjuinais to oppose him. Both were men of high character, and both had some attainments; and in their aversion for him, and for his evident self-seeking, they carried a motion forbidding deputies to take office. By this vote, of November 7, which permanently excluded Mirabeau from the councils of the king, the executive was deprived of authority. It is one of the decisive acts of the Constituent Assembly, for it ruined the constitutional monarchy.
Mirabeau was compelled to rely on a dissolution as the only prospect of better things. He knew that the vote was due as much to his own bad name as to a deliberate dislike of the English practice. The question for him now was whether he could accomplish through the Court what was impossible through the Assembly. He at once drew up a paper, exhorting the king to place himself at the head of the Revolution, as its moderator and guide. The Count of Provence refused to submit his plans to the king, but recommended him for the part of a secret adviser. Just then an event occurred, which is mysterious to this day, but which had the effect of bringing Mirabeau into closer relations with the king's brother. At Christmas, the Marquis de Favras was arrested, and it was discovered that he was a confidential agent of the Prince, who had employed him to raise a loan for a purpose that was never divulged—some said, to carry off the king to a frontier fortress, others suspected a scheme of counter-revolution. For the electoral law excluded the ignorant and the indigent from the franchise, limiting the rights of active citizenship to those who paid a very moderate sum in taxes. It was obvious that this exclusion, by confining power to property, created the raw material for Socialism in the future. Some day a dexterous hand might be laid on the excluded multitude congregated at Paris, to overthrow the government of the middle class. The Constituent Assembly was in danger of being overtrumped, and was necessarily suspicious.
By Mirabeau's advice, the Count of Provence at once made a public declaration of sound revolutionary sentiments, and disavowed Favras. His speech, delivered at the Hôtel de Ville, was well received and he rose in popular favour. Meantime, his unhappy confederate was tried for treason against the nation, and found guilty. Favras asked whether, on a full and explicit confession, his life would be spared. He was told that nothing could save him. The judge exhorted him to die in silence, like a brave man. The priest who assisted him afterwards professed that he had saved the life of the Count of Provence. Favras underwent his fate with fortitude, keeping his secret to the end. The evidence which would have compromised the prince was taken away, and no historian has seen it. The fatal documents were restored to him when he became king by the daughter of the man who had concealed them.
For some weeks the Count of Provence was ambitious of power, and allowed Mirabeau to put him forward as a kind of Prime Minister, or for a position analogous to that of the Cardinal-nephew in seventeenth-century Rome. He had ability, caution, and, for the moment, popularity; but he was irresolute, indolent, and vain. If anything could be made of him, it was clear that the active partner would be Mirabeau. He was neither loved nor trusted by the king and queen, and with such a confederate at his elbow he might become formidable. Necker devised a plan by which his scheming was easily frustrated. The king appeared before the Assembly, without preliminaries, and delivered an unexpected statement of policy, adopting the entire work of the Revolution, as far as it had gone, and praising in particular the recent division of Provinces into departments.
Every step, until that day, had been taken reluctantly, feebly, under compulsion. Every concession had been a defeat and a surrender. On February 4, under no immediate pressure, Lewis deliberately took the lead of the movement. It was an act, not of weakness, but of policy, not a wound received and acquiesced in, but a stroke delivered. The Assembly responded by at once taking the civic oath to maintain the Constitution. As that instrument did not yet exist, none could say what the demonstration would involve. It was adopted for the sake of committing the remnant of the privileged orders who yielded under protest.
Mirabeau's aristocratic brother threw away his sword, saying that there was nothing else for a gentleman to do, when the king abandoned his sceptre. Mirabeau himself was indignant with what he called a pantomime; for he said that Ministers had no right to screen their own responsibility behind the inviolate throne. He saw that his patron was ingeniously set aside and stranded, and he conceived that his own profound calculations were baffled. Yet the perspicacity that he seldom wanted failed him at that moment. For the reconciliation of the people with the king, the executive triumphing in its popularity, guiding the Revolution to its goal, was the exact reproduction of his proposals, and was borrowed from his manifestoes.
The significance of this was at once felt by the foreign advisers of the queen. Mercy Argenteau, who had been Austrian ambassador throughout the reign, and who was a faithful and intelligent friend, suggested that if they sincerely accepted the policy, they would do well to take the politician with it, that the Count of Provence could be best disabled by depriving him of his prompter, that the magic is not in the wand but in the hand that waves it. The queen hesitated, for Mirabeau had threatened her in the last days at Versailles, and it was not yet proved that he was not concerned in the attempt to murder her. She declared that nothing would induce her to see him, and she wished for somebody who could undertake to manage him, and who would be responsible for his conduct. Mercy, regardless of her scruples, sent for La Marck, who was at his Belgian home, opposing the Emperor, and fostering a Federal republic, and who in consequence was not in favour with Marie Antoinette. La Marck was intimate with Mirabeau, and kept him in pocket money. He undertook the negotiation, with little hope of a profitable result; and at his house Mercy and Mirabeau had a secret meeting. They parted, well pleased with each other. Mirabeau advised that the king should leave Paris, and the advice bore fruit. Mercy did not declare the intentions of the Court, and Mirabeau continued to act in his own way, treating with Lafayette for money or an embassy, and attacking the clergy, with whose cause Lewis was more and more identified. To this interval belongs the famous scene where he exclaimed that from the place where he stood he could see the window from which a king of France fired on his Protestant subjects. Maury, not perceiving the snare, bounded from his seat, and cried out, "Nonsense! it is not visible from here."
When he made that speech it is clear that Mirabeau was not exerting himself to secure confidence at Court; and for some weeks in spring the negotiation hung fire. At length, La Marck convinced the queen that his friend had been falsely accused of the crime of October, and the king proposed that he should be asked to write down his views. He peremptorily rejected La Marck's advice that the Ministers should be admitted to the secret. He avowed to Mercy that he intended soon to change them for men who could co-operate with Mirabeau; but he was resolved not to place himself at once irrevocably in the power of a man in whom he had no confidence, and who was only the subject of an experiment. Consequently, Mirabeau's first object of attack was the Ministry, and the king's forces were divided. The position was a false one from end to end; but this hostility to Necker served to disguise the reality. On the 10th of May, 1790, he drew up a paper which La Marck carried to the queen, and which at once had the effect of making the Court zealous to complete the bargain. La Marck asked Mirabeau what were his conditions. He replied that he would be happy on £1000 a year, if his debts could be paid; but he feared that they were too heavy for him to expect it. On inquiry, it turned out that they were a little over £8000. Lewis XVI. offered to clear them off, to give him £3000 a year while the Assembly lasted, and a million francs down whenever it came to an end.
In this way both parties were secure. Mirabeau could not play false, without losing, not only his income, but an eventual sum of £40,000. The king could not cast him off without wasting the considerable sum paid to his creditors. The Archbishop of Toulouse undertook the delicate task of dealing with them; and meeting his debtor constantly, a strange intimacy arose between the two men.