A month later, June 8, the Feast of the Supreme Being was held with all the solemnity of which Paris was capable. Robespierre walked in procession from the Tuileries to the Champ de Mars, at the head of the Convention. As the others fell back, he marched alone with his hair powdered, a large nosegay in his hands, wearing the sky-blue coat and nankeens by which he is remembered, for they reappeared in the crisis of Thermidor. He had attained the loftiest summit of prosperity and greatness that was ever given to man. Not a monarch in Europe could compare with him in power. All that had stood in his way during the last five years had been swept to destruction; all that survived of the Revolution followed obedient at his heels. At the last election of a President in the Convention there had been 117 votes; but 485 had voted for Robespierre, that he might parade at their head that day. It was there, in that supreme and intoxicating moment, that a gulf opened before him, and he became aware of the extremity of his peril. For he could hear the hostile deputies in the front rank behind him, muttering curses and sneering at the enthusiasm with which he was received. Those fierce proconsuls who, at Lyons, Nevers, Nantes, Toulon, had crushed all that they were now forced to venerate by their master, vowed vengeance for their humiliation. They said that this was to be a starting-point for divine right, and the excuse for a new persecution. They felt that they were forging a weapon against themselves, and committing an act of suicide. The decree of the month before would have involved no such dire consequences; but the elaborate and aggressive ceremonial was felt as a declaration of war.
Experienced observers at once predicted that Robespierre would not last long. He lost no time in devising a precaution equal to the danger. He prepared what is known as the law of the 22nd of Prairial, which was presented by Couthon, and carried without a division on June 10, two days after the procession. It is the most tyrannical of all the acts of the Revolution, and is not surpassed by anything in the records of absolute monarchy. For the decree of Prairial suppressed the formalities of law in political trials. It was said by Couthon, that delays may be useful where only private interests are at stake, but there must be none where the interest of the entire public is to be vindicated. The public enemy has only to be identified. The State despatches him to save itself. Therefore the Committee was empowered to send whom it chose before the tribunal, and if the jury was satisfied, no time was to be lost with witnesses, written depositions, or arguments. Nobody whom Robespierre selected for execution would be allowed to delay judgment by defence; and that there might be no exception or immunity from arbitrary arrest and immediate sentence, all previous decrees in matter of procedure were revoked. That article contained the whole point, for it deprived the Convention of jurisdiction for the protection of its own members. Robespierre had only to send a deputy's name to the public accuser, and he would be in his grave next day. The point had been so well concealed that nobody perceived it. Afterwards, the deputies, warned by the great jurist Merlin, saw what they had done, and on June 11, they stipulated that no member should be arrested without leave of the Convention. Couthon and Robespierre were not present. On the 12th, by threatening that the Committees would resign, they caused the decree of the previous day to be rescinded, but they assured the Assembly that it was superfluous, and their design had been misunderstood. They maintained their text, and gained their object; but the success was on the other side. The scheme had been exposed, and the Convention had resisted, for the first time. The opposing deputies had received warning, and showed that they understood. From that moment they were on the watch, and their enemy shrank from employing against them a clause the validity of which he had denied. He gave them time to combine. Over the rest of the nation he exerted his new power without control. The victims increased rapidly in number. Down to the middle of June, in fourteen months, the executions had been about 1200. In seven weeks, after the law of Prairial, they were 1376; that is, an average of 32 in a week rose to an average of 196. But the guillotine was removed to a distant part of the city, where a deep trench was dug to carry away such quantities of blood.
During this time the Tribunal was not acting against men actually in public life, and we are not compelled to study its judgments, as if they were making history. Whilst inoffensive people were suffering obscurely, the enemies of the tyrant were plotting to save themselves from the dreadful fate they saw so near them. Nothing bound them together but fear and a common hatred for the obtrusive dogmatist at the head of affairs; and it was not evident to each that they were acting in the same cause. But there was a man among them, still somewhat in the background, but gifted with an incredible dexterity, who hurled Napoleon from power in 1815 and Robespierre in 1794.
Fouché, formerly an Oratorian, had been one of the most unscrupulous deputies on missions, and had given the example of seizing the treasure of churches. For he said there were no laws, and they had gone back to the state of nature. After the execution of Hébert he was recalled from Lyons; and Robespierre, whose sister he had asked in marriage, defended him at the Jacobins on April 10. Being an unfrocked ecclesiastic, he was elected president of the Club on June 6, as a protest against the clerical tendencies of Robespierre. On the 11th, immediately after the procession, and the law of Prairial, Fouché attacked him in a speech in which he said that it is to do homage to the Supreme Being to plunge a sword into the heart of a man who oppresses liberty. This was the first opening of hostilities, and it seems to have been premature. Fouché was not supported by the club at the time, and some weeks later, when Robespierre called him the head of the conspiracy against him, he was expelled. He was a doomed man, carrying his life in his hand, and he adopted more subtle means of combat. July 19, five days after his expulsion, Collot was elected President of the Convention. He and Fouché were united in sacred bands of friendship, for they had put 1682 persons to death at Lyons. About the same day others joined the plotters, and on July 20, Barère, the orator of the Committee, who watched the turning of the tide, made an ambiguous declaration portending a breach. No plan of operations had been agreed upon, and there was yet time for Robespierre, now fully awake to the approaching danger, to strike an irresistible blow.
During the last few weeks the position of the country had undergone a change. On the 1st of June, Villaret Joyeuse had given battle to the English off Ushant. It was the beginning of that long series of fights at sea, in which the French were so often successful in single combat, and so often defeated in general actions. They lost the day, but not the object for which they fought, as the supplies of American grain were brought safely into port. That substantial success and the opportune legend of the Vengeur saved the government from reproach. At the end of the month St. Just brought news of the French victory over the Austrians at Fleurus, the scene of so many battles. It was due to Jourdan and his officers, and would have been lost if they had obeyed St. Just; but he arrived in time to tell his own story. Many years were to pass before an enemy's guns were again heard on the Belgian frontier. St. Just entreated his colleague to seize the opportunity, and to destroy his enemies while the people were rejoicing over victory. It appeared, afterwards, that the battle of Fleurus, the greatest which the French had won since the reign of Lewis XIV., rendered no service to the government under whom it was fought. The soil of France was safe for twenty years, and with the terror of invasion, the need for terror at home passed away. It had been borne while the danger lasted; and with the danger, it came to an end.
The Committee of Public Safety resented the law of Prairial; and when asked to authorise the proscription of deputies refused. Robespierre did nothing to conciliate the members, and had not the majority. And he threatened and insulted Carnot. As the powers were then constituted he was helpless against his adversaries. The Commune and the Jacobins were true to him; but the Convention was on its guard, and the two Committees were divided. Lists of proscription had been discovered, and those who knew that their names were upon them made no surrender.
Two days after the speech which showed that Barère was wavering, when Collot had been chosen President, and Fouché was at work underground, a joint sitting of both Committees was called at night. St. Just proposed that there should be a dictator. Robespierre was ready to accept, but there were only five votes in favour—three out of eleven on one Committee, two out of twelve on the other. The Jacobins sent a deputation to require that the Convention should strengthen the executive; it was dismissed with words by Barère. One resource remained. It might still be possible, disregarding the false move of Prairial, to obtain the authority of the Convention for the arrest, that is, for the trial and execution of some of its members. They had delivered up Danton and Desmoulins, Hérault and Chaumette. They would perhaps abandon Cambon or Fouché, Bourdon or Tallien, four months later.
The Committees had refused Robespierre, and were in open revolt against his will. His opponents there would oppose him in the Assembly. But the mass of the deputies, belonging not to the Mountain but to the Plain, were always on his side. They had no immediate cause for fear, and they had something to hope for. Seventy of their number had been under arrest ever since October, as being implicated in the fall of the Girondins. Robespierre had constantly refused to let them be sent to trial, and they owed him their lives. They were still in prison, still in his power. To save them, their friends in the Assembly were bound to refuse nothing that he asked for. They would not scruple to deliver over to him a few more ruffians as they had delivered over the others in the spring. That was the basis of his calculation. The Mountain would be divided; the honest men of the Plain would give him the majority, and would purge the earth of another hatch of miscreants. On his last night at home he said to the friends with whom he lived, "We have nothing to fear, the Plain is with us."
Whilst Robespierre, repulsed by the committees which had so long obeyed him, sat down to compose the speech on which his victory and his existence depended, his enemies were maturing their plans. Fouché informed his sister at Nantes of what was in preparation. On the 21st of July he is expecting that they will triumph immediately. On the 23rd he writes: "Only a few days more, and honest men will have their turn.—Perhaps this very day the traitors will be unmasked." It is unlike so sagacious a man to have written these outspoken letters, for they were intercepted and sent to Paris for the information of Robespierre. But it shows how accurately Fouché timed his calculation, that when they arrived Robespierre was dead.