The Convention, thoroughly tamed and silenced, acquiesced in Barère's motion without debate. And now at last the doors of the Jacobin Club were thrown open to the disciple who had surpassed his masters. He was admitted a member by acclamation, and was soon selected to preside.

For a time he was not without hope that his decree would be carried into full effect. Intelligence arrived from the seat of war of a sharp contest between some French and English troops, in which the Republicans had the advantage, and in which no prisoners had been made. Such things happen occasionally in all wars. Barère, however, attributed the ferocity of this combat to his darling decree, and entertained the Convention with another Carmagnole.

"The Republicans," he said, "saw a division in red uniform at a distance. The red-coats are attacked with the bayonet. Not one of them escapes the blows of the Republicans. All the red-coats have been killed. No mercy, no indulgence, has been shown towards the villains. Not an Englishman whom the Republicans could reach is now living. How many prisoners should you guess that we have made? One single prisoner is the result of this great day."

And now this bad man's craving for blood had become insatiable. The more he quaffed, the more he thirsted. He had begun with the English; but soon he came down with a proposition for new massacres. "All the troops," he said, "of the coalesced tyrants in garrison at Condé, Valenciennes, Le Quesnoy, and Landrecies, ought to be put to the sword unless they surrender at discretion in twenty-four hours. The English, of course, will be admitted to no capitulation whatever. With the English we have no treaty but death. As to the rest, surrender at discretion in twenty-four hours, or death, these are our conditions. If the slaves resist, let them feel the edge of the sword." And then he waxed facetious. "On these terms the Republic is willing to give them a lesson in the art of war." At that jest, some hearers, worthy of such a speaker, set up a laugh. Then he became serious again. "Let the enemy perish," he cried; "I have already said it from this tribune. It is only the dead man who never comes back. Kings will not conspire against us in the grave. Armies will not fight against us when they are annihilated. Let our war with them be a war of extermination. What pity is due to slaves whom the Emperor leads to war under the cane; whom the King of Prussia beats to the shambles with the flat of the sword; and whom the Duke of York makes drunk with rum and gin?" And at the rum and gin the Mountain and the galleries laughed again.

If Barère had been able to effect his purpose, it is difficult to estimate the extent of the calamity which he would have brought on the human race. No government, however averse to cruelty, could, in justice to its own subjects, have given quarter to enemies who gave none. Retaliation would have been, not merely justifiable, but a sacred duty. It would have been necessary for Howe and Nelson to make every French sailor whom they took walk the plank. England has no peculiar reason to dread the introduction of such a system. On the contrary, the operation of Barère's new law of war would have been more unfavorable to his countrymen than to ours; for we believe that, from the beginning to the end of the war, there never was a time at which the number of French prisoners in England was not greater than the number of English prisoners in France; and so, we apprehend, it will be in all wars while England retains her maritime superiority. Had the murderous decree of the Convention been in force from 1794 to 1815, we are satisfied that, for every Englishman slain by the French, at least three Frenchmen would have been put to the sword by the English. It is, therefore, not as Englishmen, but as members of the great society of mankind, that we speak with indignation and horror of the change which Barère attempted to introduce. The mere slaughter would have been the smallest part of the evil. The butchering of a single unarmed man in cold blood, under an act of the legislature, would have produced more evil than the carnage of ten such fields as Albuera. Public law would have been subverted from the foundations; national enmities would have been inflamed to a degree of rage which happily it is not easy for us to conceive; cordial peace would have been impossible. The moral character of the European nations would have been rapidly and deeply corrupted; for in all countries those men whose calling is to put their lives in jeopardy for the defence of the public weal enjoy high consideration, and are considered as the best arbitrators on points of honor and manly bearing. With the standard of morality established in the military profession the general standard of morality must to a great extent sink or rise. It is, therefore, a fortunate circumstance that, during a long course of years, respect for the weak and clemency towards the vanquished have been considered as qualities not less essential to the accomplished soldier than personal courage. How long would this continue to be the case, if the slaying of prisoners were a part of the daily duty of the warrior? What man of kind and generous nature would, under such a system, willingly bear arms? Who, that was compelled to bear arms, would long continue kind and generous? And is it not certain that, if barbarity towards the helpless became the characteristic of military men, the taint must rapidly spread to civil and to domestic life, and must show itself in all the dealings of the strong with the weak, of husbands with wives, of employers with workmen, of creditors with debtors?

But, thank God, Barère's decree was a mere dead letter. It was to be executed by men very different from those who, in the interior of France, were the instruments of the Committee of Public Safety, who prated at Jacobin Clubs, and ran to Fouquier Tinville with charges of incivism against women whom they could not seduce, and bankers from whom they could not extort money. The warriors who, under Hoche, had guarded the walls of Dunkirk, and who, under Kléber, had made good the defence of the wood of Monceaux, shrank with horror from an office more degrading than that of the hangman. "The Convention," said an officer to his men, "has sent orders that all the English prisoners shall be shot." "We will not shoot them," answered a stout-hearted sergeant. "Send them to the Convention. If the deputies take pleasure in killing a prisoner they may kill him themselves, and eat him too, like savages as they are." This was the sentiment of the whole army. Bonaparte, who thoroughly understood war, who at Jaffa and elsewhere gave ample proof that he was not unwilling to strain the laws of war to their utmost rigor, and whose hatred of England amounted to a folly, always spoke of Barère's decree with loathing, and boasted that the army had refused to obey the Convention.

Such disobedience on the part of any other class of citizens would have been instantly punished by wholesale massacre; but the Committee of Public Safety was aware that the discipline which had tamed the unwarlike population of the fields and cities might not answer in camps. To fling people by scores out of a boat, and, when they catch hold of it, to chop off their fingers with a hatchet, is undoubtedly a very agreeable pastime for a thoroughbred Jacobin, when the sufferers are, as at Nantes, old confessors, young girls, or women with child. But such sport might prove a little dangerous if tried upon grim ranks of grenadiers, marked with the scars of Hondschoote, and singed by the smoke of Fleurus.

Barère, however, found some consolation. If he could not succeed in murdering the English and the Hanoverians, he was amply indemnified by a new and vast slaughter of his own countrymen and countrywomen. If the defence which has been set up for the members of the Committee of Public Safety had been well founded, if it had been true that they governed with extreme severity only because the Republic was in extreme peril, it is clear that the severity would have diminished as the peril diminished. But the fact is, that those cruelties for which the public danger is made a plea became more and more enormous as the danger became less and less, and reached the full height when there was no longer any danger at all. In the autumn of 1793 there was undoubtedly reason to apprehend that France might be unable to maintain the struggle against the European Coalition. The enemy was triumphant on the frontiers. More than half the departments disowned the authority of the Convention. But at that time eight or ten necks a day were thought an ample allowance for the guillotine of the capital. In the summer of 1794, Bordeaux, Toulon, Caen, Lyons, Marseilles, had submitted to the ascendency of Paris. The French arms were victorious under the Pyrenees and on the Sambre. Brussels had fallen. Prussia had announced her intention of withdrawing from the contest. The Republic, no longer content with defending her own independence, was beginning to meditate conquest beyond the Alps and the Rhine. She was now more formidable to her neighbors than ever Louis the Fourteenth had been. And now the Revolutionary Tribunal of Paris was not content with forty, fifty, sixty heads in a morning. It was just after a series of victories, which destroyed the whole force of the single argument which has been urged in defence of the system of terror, that the Committee of Public Safety resolved to infuse into that system an energy hitherto unknown. It was proposed to reconstruct the Revolutionary Tribunal, and to collect in the space of two pages the whole revolutionary jurisprudence. Lists of twelve judges and fifty jurors were made out from among the fiercest Jacobins. The substantive law was simply this, that whatever the tribunal should think pernicious to the Republic was a capital crime. The law of evidence was simply this, that whatever satisfied the jurors was sufficient proof. The law of procedure was of a piece with everything else. There was to be an advocate against the prisoner, and no advocate for him. It was expressly declared that, if the jurors were in any manner convinced of the guilt of the prisoner, they might convict him without hearing a single witness. The only punishment which the court could inflict was death.

Robespierre proposed this decree. When he had read it, a murmur rose from the Convention. The fear which had long restrained the deputies from opposing the Committee was overcome by a stronger fear. Every man felt the knife at his throat. "The decree," said one, "is of grave importance. I move that it be printed, and that the debate be adjourned. If such a measure were adopted without time for consideration, I would blow my brains out at once." The motion for adjournment was seconded. Then Barère sprang up. "It is impossible," he said, "that there can be any difference of opinion among us as to a law like this, a law so favorable in all respects to patriots; a law which insures the speedy punishment of conspirators. If there is to be an adjournment, I must insist that it shall not be for more than three days." The opposition was overawed; the decree was passed; and, during the six weeks which followed, the havoc was such as had never been known before.

And now the evil was beyond endurance. That timid majority which had for a time supported the Girondists, and which had, after their fall, contented itself with registering in silence the decrees of the Committee of Public Safety, at length drew courage from despair. Leaders of bold and firm character were not wanting, men such as Fouché and Tallien, who, having been long conspicuous among the chiefs of the Mountain, now found that their own lives, or lives still dearer to them than their own, were in extreme peril. Nor could it be longer kept secret that there was a schism in the despotic committee. On one side were Robespierre, St. Just, and Couthon; on the other Collot and Billaud. Barère leaned towards these last, but only leaned towards them. As was ever his fashion when a great crisis was at hand, he fawned alternately on both parties, struck alternately at both, and held himself in readiness to chant the praises or to sign the death warrant of either. In any event his Carmagnole was ready. The tree of liberty, the blood of traitors, the dagger of Brutus, the guineas of perfidious Albion, would do equally well for Billaud and for Robespierre.