Amiens, July 5, 1793.
It will be some consolation to the French, if, from the wreck of their civil liberty, they be able to preserve the mode of administering justice as established by the constitution of 1789. Were I not warranted by the best information, I should not venture an opinion on the subject without much diffidence, but chance has afforded me opportunities that do not often occur to a stranger, and the new code appears to me, in many parts, singularly excellent, both as to principle and practice.—Justice is here gratuitous—those who administer it are elected by the people—they depend only on their salaries, and have no fees whatever. Reasonable allowances are made to witnesses both for time and expences at the public charge—a loss is not doubled by the costs of a prosecution to recover it. In cases of robbery, where property found is detained for the sake of proof, it does not become the prey of official rapacity, but an absolute restitution takes place.—The legislature has, in many respects, copied the laws of England, but it has simplified the forms, and rectified those abuses which make our proceedings in some cases almost as formidable to the prosecutor as to the culprit. Having to compose an entire new system, and being unshackled by professional reverence for precedents, they were at liberty to benefit by example, to reject those errors which have been long sanctioned by their antiquity, and are still permitted to exist, through our dread of innovation. The French, however, made an attempt to improve on the trial by jury, which I think only evinces that the institution as adopted in England is not to be excelled. The decision is here given by ballot—unanimity is not required—and three white balls are sufficient to acquit the prisoner. This deviation from our mode seems to give the rich an advantage over the poor. I fear, that, in the number of twelve men taken from any country, it may sometimes happen that three may be found corruptible: now the wealthy delinquent can avail himself of this human failing; but, "through tatter'd robes small vices do appear," and the indigent sinner has less chance of escaping than another.
It is to be supposed, that, at this time, the vigour of the criminal laws is much relaxed, and their execution difficult. The army offers refuge and impunity to guilt of all kinds, and the magistrates themselves would be apprehensive of pursuing an offender who was protected by the mob, or, which is the same thing, by the Jacobins.
The groundwork of much of the French civil jurisprudence is arbitration, particularly in those trifling processes which originate in a spirit of litigation; and it is not easy for a man here, however well disposed, to spend twenty pounds in a contest about as many pence, or to ruin himself in order to secure the possession of half an acre of land. In general, redress is easily obtained without unnecessary procrastination, and with little or no cost. Perhaps most legal codes may be simple and efficacious at their first institution, and the circumstance of their being encumbered with forms which render them complex and expensive, may be the natural consequence of length of time and change of manners. Littleton might require no commentary in the reign of Henry II. and the mysterious fictions that constitute the science of modern judicature were perhaps familiar, and even necessary, to our ancestors. It is to be regretted that we cannot adapt our laws to the age in which we live, and assimilate them to our customs; but the tendency of our nature to extremes perpetuates evils, and makes both the wise and the timid enemies to reform. We fear, like John Calvin, to tear the habit while we are stripping off the superfluous decoration; and the example of this country will probably long act as a discouragement to all change, either judicial or political. The very name of France will repress the desire of innovation—we shall cling to abuses as though they were our support, and every attempt to remedy them will become an objection of suspicion and terror.—Such are the advantages which mankind will derive from the French revolution.
The Jacobin constitution is now finished, and, as far as I am able to judge, it is what might be expected from such an origin: calculated to flatter the people with an imaginary sovereignty—to place the whole power of election in the class most easily misled—to exclude from the representation those who have a natural interest in the welfare of the country, and to establish the reign of anarchy and intrigue.—Yet, however averse the greater number of the French may be from such a constitution, no town or district has dared to reject it; and I remark, that amongst those who have been foremost in offering their acceptation, are many of the places most notoriously aristocratic. I have enquired of some of the inhabitants of these very zealous towns on what principle they acted so much in opposition to their known sentiments: the reply is always, that they fear the vengeance of the Jacobins, and that they are awed by military force. This reasoning is, of course, unanswerable; and we learn, from the debates of the Convention, that the people have received the new constitution "avec la plus vive reconnoissance," ["With the most lively gratitude.">[ and that they have all sworn to die in its defence.—Yours, &c.
July 14, 1793.
The return of this day cannot but suggest very melancholy reflections to all who are witnesses of the changes which a single year has produced. In twelve months only the government of France has been overturned, her commerce destroyed, the country depopulated to raise armies, and the people deprived of bread to support them. A despotism more absolute than that of Turkey is established, the manners of the nation are corrupted, and its moral character is disgraced in the eyes of all Europe. A barbarous rage has laid waste the fairest monuments of art—whatever could embellish society, or contribute to soften existence, has disappeared under the reign of these modern Goths—even the necessaries of life are becoming rare and inadequate to the consumption—the rich are plundered and persecuted, yet the poor are in want—the national credit is in the last stage of debasement, yet an immense debt is created, and daily accumulating; and apprehension, distrust, and misery, are almost universal.—All this is the work of a set of adventurers who are now divided among themselves—who are accusing each other of those crimes which the world imputes to them all—and who, conscious they can no longer deceive the nation, now govern with the fear and suspicion of tyrants. Every thing is sacrificed to the army and Paris, and the people are robbed of their subsistence to supply an iniquitous metropolis, and a military force that awes and oppresses them.
The new constitution has been received here officially, but no one seems to take the least interest in it: it is regarded in just the same light as a new tax, or any other ministerial mandate, not sent to be discussed but obeyed. The mode of proclaiming it conveyed a very just idea of its origin and tendency. It was placed on a cushion, supported by Jacobins in their red caps, and surrounded by dragoons. It seemed the image of Anarchy, guarded by Despotism.—In this manner they paraded the town, and the "sacred volume" was then deposed on an altar erected on the Grande Place.—The Garde Nationale, who were ordered to be under arms, attended, and the constitution was read. A few of the soldiers cried "Vive la republique!" and every one returned home with countenances in which delight was by no means the prevailing expression.
A trifling incident which I noticed on this occasion, will serve, among others of the same kind that I could enumerate, to prove that even the very lower class of the people begin to ridicule and despise their legislators. While a municipal officer was very gravely reading the constitution, an ass forced his way across the square, and placed himself near the spot where the ceremony was performing: a boy, who was under our window, on observing it, cried out, "Why don't they give him the accolade fraternelle!"*