The Constitution wisely rescinded the standing offer of support to insurgent nations, and renounced all purpose of intervention or aggression. When the passage was read declaring that there could be no peace with an invader, a voice cried, "Have you made a contract with victory?" "No," replied Bazire; "we have made a contract with death." A criticism immediately appeared, which was anonymous, but in which the hand of Condorcet was easily recognised. He complained that judges were preferred to juries, that functionaries were not appointed by universal suffrage, that there was no fixed term of revision, that the popular sanction of laws was reduced to a mere form. Condorcet believed that nearly all inequality of fortune, such as causes suffering, is the effect of imperfect laws, and that the end of the social art is to reduce it. There were others who objected that the Constitution did not benefit the poor. In regard to property, as in other things, it was marked by a pronounced Conservatism. It was adopted by a national vote of 1,801,918 to 11,610, and, with solemn rites, was inaugurated on August 10. No term was fixed for it to come into operation. The friends of Danton spoke of an early dissolution, but the Convention refused to be dissolved, and the Constitution was never executed. Although other acts of the legislature at that time are still good law, French jurists do not appeal to the great constitutional law of June 24 and August 10, 1793. In the course of the autumn, October 10 and December 4, it was formally suspended, and was never afterwards restored. France was governed, not by this instrument, but by a series of defining enactments, which created extraordinary powers, and suppressed opposition.

After the integrity of the Assembly, the next thing to perish was the liberty of the Press. The journalists could not claim the sanctity which had been violated in the representatives, and gave way. Marat remained, and exercised an influence in Paris which his activity on June 2 increased. He had his own following, in the masses, and his own basis of power, and he was not a follower of either Danton or Robespierre. By his share in the fall of the Girondins he became their equal. When he died, the vacant place, in the Press and in the street, was at once occupied by a lesser rival, Hébert. In a little time, Hébert acquired enormous power. Marat's newspaper had seldom paid its way; but Hébert used to print 600,000 copies of the Père Duchesne. Through his ally Chaumette, he controlled the municipality of Paris, and all that depended from it. Through Bouchotte and Vincent, he managed the War Office, with its vast patronage and command of money, and distributed his journal in every camp. To a man of order and precision like Robespierre, the personage was odious, for he was anarchical and corrupt, and was the urgent patron of incapable generals; but Robespierre could not do without his support in the Press, and was obliged to conciliate him. Between Hébert and Danton there was open war, and Danton had not the best of it. He had been weakened by the overthrow of the Girondins whom he wished to save, and was forced to abandon. In the Convention, he was still the strongest figure, and at times could carry all before him. But when he lost his seat on the governing Committee, and was without official information, he was no match at last for Robespierre. All through the summer he was evidently waning, whilst the Confederates, Chaumette, Hébert, and Vincent, became almost invincible.

On the 10th of July the Committee of Public Safety, after acting as a Committee of Legislation, was recomposed as an executive body. There had been fourteen members, there were now nine. Barère had the highest vote, 192; St. Just had only 126; and Danton was not elected. The influence of Robespierre was supreme; he himself became a member, on a vacancy, July 27. The fortunes of France were then at their lowest. The Vendeans were unconquered, Lyons was not taken, and the Austrians and English had broken through the line of fortresses, and were making slowly for Paris. A few months saw all this changed, and those are the earlier months of the predominance of Robespierre, with his three powerful instruments, the Committee of Public Safety, the Revolutionary Tribunal, and the Jacobin Club, which made him master of the Convention. On July 27, the day before he was elected to the Committee, an important change occurred. For the first time, an order was sent from the Tuileries to the army on the frontier, in a quarter of an hour. This was the beginning of the semaphore telegraph, and science was laying hold of the Revolution. On August 1, the metrical system was introduced, and the republican calendar followed; but we shall speak of it in another connection.

In the middle of August, Prieur, an engineer officer, was elected to the Committee, to conduct the business of war; but Prieur protested that he was the wrong man, and advised them to take Carnot. Therefore, August 15, very much against the wish of Robespierre, the organiser of victory joined the government. The Hébertists had proposed that the entire population should be forced into the army, more particularly the richer class. Danton modified the proposal into something reasonable, and on August 23, Carnot drew up the decree which was called the levée en masse. It turned France into a nominal nation of soldiers. Practically, it called out the first class, from eighteen to twenty-five, and ordered the men of the second class, from twenty-five to thirty, to be ready. It is to Danton and Carnot that France owed the army which was to overrun the Continent; and by the end of the year the best soldiers in the world, Hoche, Moreau, Masséna, Bonaparte, were being raised to command.

On August 9, an event occurred in the civil order which influenced the future of mankind as widely as the creation of the French army. While the Committee of Public Safety was busy with the Constitution, the Committee of Legislation was employed in drawing up a Code of Civil Law, which was the basis of the Code Napoleon. Cambacérès, who, with the same colleagues, afterwards completed the work, presented it in its first form on that day. Lastly, August 24, Cambon, the financial adviser of the Republic, achieved the conversion and unification of the Public Debt.

These were the great measures, undertaken and accomplished by the men who accepted the leadership of Robespierre, in the first weeks of his government. We come to those by which he consolidated his power.

At the beginning of September, the Committee was increased by the admission of Billaud-Varennes, and of Collot d'Herbois, of whom one afterwards overthrew Danton, and the other, Robespierre. The appointment of Collot was a concession to Hébert. The same party were persuaded that the hands of government were weak, and ought to be strengthened against its enemies. Danton himself said that every day one aristocrat, one villain, ought to pay for his crimes with his head. Two measures were at once devised which were well calculated to achieve that object. September 5, the Revolutionary Tribunal was remodelled, and instead of one Revolutionary Tribunal, there were four. And on September 17 the Law of Suspects was passed, enabling local authorities to arrest whom they pleased, and to detain him in prison even when acquitted. In Paris, where there had been 1877 prisoners on September 13, there were 2975 on October 20. On September 25, the mismanagement of the Vendean War, where even the Mentz garrison had been defeated, led to a sharp debate in the Convention. It was carried away by the attack of the Dantonists; but Robespierre snatched a victory, and obtained a unanimous vote of confidence. From that date to the 26th of July 1794, we count the days of his established reign, and the Convention makes way for the Committee of Public Safety, which becomes a Provisional government.

The party of violence insisted on the death of those whom they regarded as hostages, the Girondins, for the rising in the south, the queen for the rising in the west. An attempt to save the life of Marie Antoinette had been made by the government, with the sanction of Danton. Maret was sent to negotiate the neutrality of minor Italian States by offering to release her. Austria, not wishing the Italians to be neutral, seized Maret and his companion Sémonville, in the passes of the Grisons, and sent them to a dungeon at Mantua. The queen was sent to the Conciergerie, which was the last stage before the Tribunal; and as her nephew, the emperor, did not relent, in October she was put on her trial, and executed. The death of the queen is revolting, because it was a move in a game, a concession by which Robespierre paid his debts to men at that time more violent than himself, and averted their attack. We have already seen that the advice she gave in decisive moments was disastrous, that she had no belief in the rights of nations, that she plotted war and destruction against her own people. There was cause enough for hatred. But if we ask ourselves who there is that comes forth unscathed from the trials that befell kings and queens in those or even in other times, and remember how often she pleaded and served the national cause against royalist and émigré, even against the great Irishman[2] whose portrait of her at Versailles, translated by Dutens, was shown to her by the Duchess of Fitzjames, we must admit that she deserved a better fate than most of those with whom we can compare her.

[2] Burke, Reflections on the French Revolution.

That month of October, 1793, with its new and unprecedented development of butchery, was a season of triumph to the party of Hébert. The policy of wholesale arrest, rapid judgment, and speedy execution was avowedly theirs; and to them Robespierre seemed a lethargic, undecided person who only moved under pressure. He was at last moving as they wished; but the merit was theirs, and theirs the reward. One of them, Vincent, was of so bloodthirsty a disposition that he found comfort in gnawing the heart of a calf as if it was that of a royalist. But the party was not made up of ferocious men only. They had two enemies, the aristocrat and the priest; and they had two passions, the abolition of an upper class and the abolition of religion. Others had attacked the clergy, and others again had attacked religion. The originality of these men is that they sought a substitute for it, and wished to give men something to believe in that was not God. They were more eager to impose the new belief than to destroy the old. Indeed, they were persuaded that the old was hurrying towards extinction, and was inwardly rejected by those who professed it. While Hébert was an anarchist, Chaumette was the glowing patriarch of irreligious belief. He regarded the Revolution as essentially hostile to Christian faith, and conceived that its inmost principle was that which he now propounded. The clergy had been popular, for a day, in 1789; but the National Assembly refused to declare that the country was Catholic. In June 1792 the Jacobin Club rejected a proposal to abolish the State-Church, and to erect Franklin and Rousseau in the niches occupied by Saints, and in December a member speaking against divine worship met with no support. On May 30, 1793, during the crisis of the Gironde, the procession of Corpus Christi moved unmolested through the streets of Paris; and on August 25, Robespierre presiding, the Convention expressly repudiated a petition to suppress preaching in the name of Almighty God.