The great difficulty the French have in finding amusement makes them averse from long residences in the country, and it is very uncommon for those who can afford only one house not to prefer a town; but those whose fortune will admit of it, live about three months of the year in the country, and the rest in the neighbouring town. This, indeed, as they manage it, is no very considerable expence, for the same furniture often serves for both habitations, and the one they quit being left empty, requires no person to take charge of it, especially as house-breaking is very uncommon in France; at least it was so before the revolution, when the police was more strict, and the laws against robbers were more severe.
You will say, I often describe the habits and manners of a nation so frequently visited, as though I were writing from Kamschatka or Japan; yet it is certain, as I have remarked above, that those who are merely itinerant have not opportunities of observing the modes of familiar life so well as one who is stationary, and travellers are in general too much occupied by more important observations to enter into the minute and trifling details which are the subject of my communications to you. But if your attention be sometimes fatigued by occurrences or relations too well known, or of too little consequence to be interesting, I claim some merit in never having once described the proportions of a building, nor given you the history of a town; and I might have contrived as well to tax your patience by an erudite description, as a superficial reflection, or a female remark. The truth is, my pen is generally guided by circumstances as they rise, and my ideas have seldom any deeper origin than the scene before me. I have no books here, and I am apt to think if professed travellers were deprived of this resource, many learned etymologies and much profound compilation would be lost to the modern reader.
The insurgents of La Vendee continue to have frequent and decided successes, but the insurrections in the other departments languish. The avowed object of liberating the Convention is not calculated to draw adherents, and if any better purpose be intended, while a faction are the promoters of it, it will be regarded with too much suspicion to procure any effectual movement. Yet, however partial and unconnected this revolt may be, it is an object of great jealousy and inquietude: all the addresses or petitions brought in favour of it are received with disapprobation, and suppressed in the official bulletin of the legislature; but those which express contrary sentiments are ordered to be inserted with the usual terms of "applaudi, adopte, et mention honorable."—In this manner the army and the people, who derive their intelligence from these accounts (which are pasted up in the streets,) are kept in ignorance of the real state of distant provinces, and, what is still more important for the Convention, the communication of examples, which they know so many are disposed to imitate, is retarded.
The people here are nearly in the same state they have been in for some time—murmuring in secret, and submitting in public; expecting every thing from that energy in others which they have not themselves, and accumulating the discontents they are obliged to suppress. The Convention call them the brave republicans of Amiens; but if their bravery were as unequivocal as their aristocracy, they would soon be at the gates of Paris. Even the first levies are not all departed for the frontiers, and some who were prevailed on to go are already returned.— All the necessaries of life are augmenting in price—the people complain, pillage the shops and the markets one day, and want the next. Many of the departments have opposed the recruiting much more decidedly than they have ventured to do here; and it was not without inspiring terror by numerous arrests, that the levies which were immediately necessary were procured.—France offers no prospect but that of scarcity, disorder, and oppression; and my friends begin to perceive that we have committed an imprudence in remaining so long. No passports can now be obtained, and we must, as well as several very respectable families still here, abide the event of the war.
Some weeks have elapsed since I had letters from England, and those we receive from the interior come open, or sealed with the seal of the district. This is not peculiar to our letters, as being foreigners, but the same unceremonious inspection is practised with the correspondence of the French themselves. Thus, in this land of liberty, all epistolary intercourse has ceased, except for mere matters of business; and though in the declaration of the rights of man it be asserted, that every one is entitled to write or print his thoughts, yet it is certain no person can entrust a letter to the post, but at the risk of having it opened; nor could Mr. Thomas Paine himself venture to express the slightest disapprobation of the measures of government, without hazarding his freedom, and, in the end, perhaps, his life. Even these papers, which I reserve only for your amusement, which contain only the opinions of an individual, and which never have been communicated, I am obliged to conceal with the utmost circumspection; for should they happen to fall into the hands of our domiciliary inquisitors, I should not, like your English liberties, escape with the gentle correction of imprisonment, or the pillory.—A man, who had murdered his wife, was lately condemned to twenty years imprisonment only; but people are guillotined every day for a simple discourse, or an inadvertent expression.—Yours.
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.