Judge, Sir, of my surprise, when I found that a very great proportion of the Assembly (a majority, I believe, of the members who attended) was composed of practitioners in the law. It was composed, not of distinguished magistrates, who had given pledges to their country of their science, prudence, and integrity,—not of leading advocates, the glory of the bar,—not of renowned professors in universities,—but for the far greater part, as it must in such a number, of the inferior, unlearned, mechanical, merely instrumental members of the profession. There were distinguished exceptions; but the general composition was of obscure provincial advocates, of stewards of petty local jurisdictions, country attorneys, notaries, and the whole train of the ministers of municipal litigation, the fomenters and conductors of the petty war of village vexation. From the moment I read the list, I saw distinctly, and very nearly as it has happened, all that was to follow.
The degree of estimation in which any profession is held becomes the standard of the estimation in which the professors hold themselves. Whatever the personal merits of many individual lawyers might have been, (and in many it was undoubtedly very considerable,) in that military kingdom no part of the profession had been much regarded, except the highest of all, who often united to their professional offices great family splendor, and were invested with great power and authority. These certainly were highly respected, and even with no small degree of awe. The next rank was not much esteemed; the mechanical part was in a very low degree of repute.
Whenever the supreme authority is vested in a body so composed, it must evidently produce the consequences of supreme authority placed in the hands of men not taught habitually to respect themselves,—who had no previous fortune in character at stake,—who could not be expected to bear with moderation or to conduct with discretion a power which they themselves, more than any others, must be surprised to find in their hands. Who could flatter himself that these men, suddenly, and as it were by enchantment, snatched from the humblest rank of subordination, would not be intoxicated with their unprepared greatness? Who could conceive that men who are habitually meddling, daring, subtle, active, of litigious dispositions and unquiet minds, would easily fall back into their old condition of obscure contention, and laborious, low, and unprofitable chicane? Who could doubt but that, at any expense to the state, of which they understood nothing, they must pursue their private interests, which they understood but too well? It was not an event depending on chance or contingency. It was inevitable; it was necessary; it was planted in the nature of things. They must join (if their capacity did not permit them to lead) in any project which could procure to them a litigious constitution,—which could lay open to them those innumerable lucrative jobs which follow in the train of all great convulsions and revolutions in the state, and particularly in all great and violent permutations of property. Was it to be expected that they would attend to the stability of property, whose existence had always depended upon whatever rendered property questionable, ambiguous, and insecure? Their objects would be enlarged with their elevation; but their disposition, and habits, and mode of accomplishing their designs must remain the same.
Well! but these men were to be tempered and restrained by other descriptions, of more sober minds and more enlarged understandings. Were they, then, to be awed by the supereminent authority and awful dignity of a handful of country clowns, who have seats in that assembly, some of whom are said not to be able to read and write,—and by not a greater number of traders, who, though somewhat more instructed, and more conspicuous in the order of society, had never known anything beyond their counting-house? No! both these descriptions were more formed to be overborne and swayed by the intrigues and artifices of lawyers than to become their counterpoise. With such a dangerous disproportion, the whole must needs be governed by them.
To the faculty of law was joined a pretty considerable proportion of the faculty of medicine. This faculty had not, any more than that of the law, possessed in France its just estimation. Its professors, therefore, must have the qualities of men not habituated to sentiments of dignity. But supposing they had ranked as they ought to do, and as with us they do actually, the sides of sick-beds are not the academies for forming statesmen and legislators. Then came the dealers in stocks and funds, who must be eager, at any expense, to change their ideal paper wealth for the more solid substance of land. To these were joined men of other descriptions, from whom as little knowledge of or attention to the interests of a great state was to be expected, and as little regard to the stability of any institution,—men formed to be instruments, not controls.—Such, in general, was the composition of the Tiers État in the National Assembly; in which was scarcely to be perceived the slightest traces of what we call the natural landed interest of the country.
We know that the British House of Commons, without shutting its doors to any merit in any class, is, by the sure operation of adequate causes, filled with everything illustrious in rank, in descent, in hereditary and in acquired opulence, in cultivated talents, in military, civil, naval, and politic distinction, that the country can afford. But supposing, what hardly can be supposed as a case, that the House of Commons should be composed in the same manner with the Tiers État in France,—would this dominion of chicane be borne with patience, or even conceived without horror? God forbid I should insinuate anything derogatory to that profession which is another priesthood, administering the rights of sacred justice! But whilst I revere men in the functions which belong to them, and would do as much as one man can do to prevent their exclusion from any, I cannot, to flatter them, give the lie to Nature. They are good and useful in the composition; they must be mischievous, if they preponderate so as virtually to become the whole. Their very excellence in their peculiar functions may be far from a qualification for others. It cannot escape observation, that, when men are too much confined to professional and faculty habits, and, as it were, inveterate in the recurrent employment of that narrow circle, they are rather disabled than qualified for whatever depends on the knowledge of mankind, on experience in mixed affairs, on a comprehensive, connected view of the various, complicated, external, and internal interests which go to the formation of that multifarious thing called a State.
After all, if the House of Commons were to have an wholly professional and faculty composition, what is the power of the House of Commons, circumscribed and shut in by the immovable barriers of laws, usages, positive rules of doctrine and practice, counterpoised by the House of Lords, and every moment of its existence at the discretion of the crown to continue, prorogue, or dissolve us? The power of the House of Commons, direct or indirect, is, indeed, great: and long may it be able to preserve its greatness, and the spirit belonging to true greatness, at the full!—and it will do so, as long as it can keep the breakers of law in India from becoming the makers of law for England. The power, however, of the House of Commons, when least diminished, is as a drop of water in the ocean, compared to that residing in a settled majority of your National Assembly. That assembly, since the destruction of the orders, has no fundamental law, no strict convention, no respected usage to restrain it. Instead of finding themselves obliged to conform to a fixed constitution, they have a power to make a constitution which shall conform to their designs. Nothing in heaven or upon earth can serve as a control on them. What ought to be the heads, the hearts, the dispositions, that are qualified, or that dare, not only to make laws under a fixed constitution, but at one heat to strike out a totally new constitution for a great kingdom, and in every part of it, from the monarch on the throne to the vestry of a parish? But
"Fools rush in where angels fear to tread."
In such a state of unbounded power, for undefined and undefinable purposes, the evil of a moral and almost physical inaptitude of the man to the function must be the greatest we can conceive to happen in the management of human affairs.
Having considered the composition of the third estate, as it stood in its original frame, I took a view of the representatives of the clergy. There, too, it appeared that full as little regard was had to the general security of property, or to the aptitude of the deputies for their public purposes, in the principles of their election. That election was so contrived as to send a very large proportion of mere country curates to the great and arduous work of new-modelling a state: men who never had seen the state so much as in a picture; men who knew nothing of the world beyond the bounds of an obscure village; who, immersed in hopeless poverty, could regard all property, whether secular or ecclesiastical, with no other eye than that of envy; among whom must be many who, for the smallest hope of the meanest dividend in plunder, would readily join in any attempts upon a body of wealth in which they could hardly look to have any share, except in a general scramble. Instead of balancing the power of the active chicaners in the other assembly, these curates must necessarily become the active coadjutors, or at best the passive instruments, of those by whom they had been habitually guided in their petty village concerns. They, too, could hardly be the most conscientious of their kind, who, presuming upon their incompetent understanding, could intrigue for a trust which led them from their natural relation to their flocks, and their natural spheres of action, to undertake the regeneration of kingdoms. This preponderating weight, being added to the force of the body of chicane in the Tiers État, completed that momentum of ignorance, rashness, presumption, and lust of plunder, which nothing has been able to resist.