This chapter (the whole of it is given above, and it may pass in the "Spirit of the Laws" for one of middling length), is, according to Condorcet, "one of those which have acquired for Montesquieu the indulgence of all prejudiced people, of all who hate intellectual light; of all protectors of abuses, etc." And after going on with his invective for some time, Condorcet states the substance of his argument as follows: "As truth, reason, justice, the rights of men, the interest of property, of liberty, of security, are the same everywhere, we do not see why all the provinces of one state, or even why all states should not have the same criminal laws, the same civil laws, the same laws of commerce, etc. A good law must be good for all men, as a true proposition is true for all. The laws which appear as if they should be different for different countries, either pronounce on objects which should not be regulated by laws, like most commercial regulations, or are founded on prejudices and habits which should be uprooted; and one of the best means of destroying them is to cease to sustain them by laws."[Footnote: Montesq., v. 412 (liv. xxix. c. 18). Condorcet, i. 377. Yet Condorcet speaks elsewhere of Montesquieu as having made a revolution in men's minds on the subject of law. D'Alembert, i. 64 (Condorcet's Éloge de d'Alembert). Rousseau also teaches that all laws and institutions are not adapted to all nations, but it is because he considers most nations childish or effete.]

In these two passages we have the issue between Montesquieu and the Philosophic party fairly joined. He alone of the great Frenchmen of his century recognized the enormous complication of human life and human affairs. Not denying that there are fundamental principles of justice, he saw that those principles are hard to formulate truly, harder to apply wisely. For their application he offered many valuable suggestions. These were lost in the rush and hurry of approaching revolution. The superb simplicity of mind which could ignore the diversities of human nature was perhaps necessary for the uprooting of old abuses. But the delicate task of constructing a permanent government cannot succeed unless the differences as well as the resemblances among men be taken into account.

CHAPTER XI.

PARIS.

The members of the Third Estate differed among themselves far more than did those of the Clergy or the Nobility. This order comprised the rich banker and the beggar at his gate, the learned encyclopaedist and the water-carrier that could not spell his name. Every layman, not of noble blood, belonged to the Third Estate. And although this was the unprivileged order, there were privileged bodies and privileged persons within it. Corporations, guilds, cities, and whole provinces possessed rights distinct from those of the rest of the country.

In the reign of Louis XVI. the city of Paris held a position, in the world even more prominent than that which it holds to-day. For France was then incontestably the first European power, and Paris was then, as it is now, not only the capital and the metropolis, but the heart and centre of life in France. The population was variously estimated at from six to nine hundred thousand. The city was growing in size, and new houses were continually erected. There was so much building at times during this reign, that masons worked at night, receiving double wages. Architects and master masons were becoming rich, and rents were high when compared to those of other places. Strangers and provincials flocked to Paris for the winter and returned to the country during the fine season. Sentimentalists read the works of Rousseau and praised a country life, but then as now few people that could afford to stay in the city, and had once been caught by its fascination, cared to live permanently out of town.[Footnote: Mercier, iv. 205, vii. 190. Babeau, Paris en 1789, 27.]

The public buildings and gardens were worthy of the first city in Europe. With some of them travelers of to-day are familiar. The larger number of the remarkable churches now standing were in existence before the Revolution. Of the palaces then in the city, the three most famous have met with varied fates. The Luxembourg, which was the residence of the king's eldest brother, is the least changed. To the building itself but small additions have been made. Its garden was and is a quiet, orderly place where respectable family groups sit about in the shade. The Louvre has been much enlarged. Under Louis XVI. it consisted of the buildings surrounding the eastern court, of a wing extending toward the river (the gallery of Apollo), and of a long gallery, since rebuilt, running near the river bank and connecting this older palace with the Tuileries. About one-half of the space now enclosed between the two sides of the enormous edifice, and known as the Place du Carrousel, was then covered with houses and streets. The land immediately to the east of the Tuileries palace was not built upon, but part of it was enclosed by a tall iron railing. Such a railing, either the original one or its successor, was to be seen in the same place until recent times and may be standing to-day. The Place du Carrousel, as it then existed outside of this railing, was a square of moderate size surrounded by houses.

The Palace of the Tuileries itself has had an eventful history since Louis XVI. came to the throne, and has only in recent years been utterly swept from the ground. But the gardens which bear its name are little changed. The long raised terraces ran along their sides then as now; although there was no Rue de Rivoli, and the only access to the gardens on the north side was by two or three streets or lanes from the Rue Saint-Honore. Within the garden the arrangement of broad, sunny walks and of shady horse-chestnuts was much the same as now. Well-dressed persons walked about or sat under the trees, and the unwashed crowd was admitted only on two or three holidays every year. In consequence of this exclusion the wives of respectable citizens used to come unattended to take the air in the gardens. They were brought in sedan-chairs, from which they alighted at the gate. What is now the Place de la Concorde was then the Place Louis Quinze, with an equestrian statue of that "well-beloved" monarch where the obelisk stands. Not far from the pedestal of that statue overturned,—not far from the entrance of the street called Royal,—near the place where many people had been crushed to death in the crowd assembled to see the fireworks in honor of the marriage of the Dauphin and the Princess Marie Antoinette of Austria,—was to stand the scaffold on which that Dauphin and that princess, after reaching the height of earthly splendor, were to pay for their own sins and weaknesses and for those of their country.

To the west of the square came the Champs Elysées, still somewhat rough in condition, but with people sitting on chairs even then to watch the carriages rolling by, as they still do on any fine afternoon. The Boulevards stretched their shady length all round the city, and were a fashionable drive and walk, near which the smaller theatres rose and throve, evading the monopoly of the opéra and the Français. But the boulevards were almost the only broad streets. Those interminable, straight avenues which even the brilliancy and movement of Paris can hardly make anything but tiresome, had not yet been cut. The streets were narrow and shady; most of them not very long, nor mathematically straight, but keeping a general direction and widening here and there into a little square before a church door, or curving to follow an irregularity of the ground. Such streets were not in accordance with the taste of the age and caused progressive people to complain of Paris. Rousseau, who had seen Turin, was disappointed in the French capital. On arriving he saw at first only small, dirty, and stinking streets, ugly black houses, poverty, beggars, and working people; and the impression thus made was never entirely effaced from his mind, in spite of the magnificence which he recognized at a later time. Young thought that Paris was not to be compared with London; and Thomas Jefferson wrote that the latter, though handsomer than Paris, was not so handsome as Philadelphia. But the Parisian liked his uneven streets well enough. There were fine things to be seen in them. Although the city was crowded, there were gardens in many places, belonging to convents and even to private persons. And once in your walk you might come out upon a bridge, where, if there were not houses built upon it, you might catch a breath of the fresh breeze, and watch the sun disappearing behind the distant village of Chaillot; for nowhere does he set more gloriously than along the Seine.[Footnote: Paris à travers les ages. Babeau, Paris en 1789. Cognel, 27, 74. Rousseau, xvii. 274 (Confessions, Part i. liv. iv.). Young, i. 60; Randall's Jefferson, i. 447.]

The houses were tall and dark, and the streets narrow and muddy. There was little water to use, and none to waste, for the larger part of the city depended upon wells or upon the supply brought in buckets from the Seine. The scarcity was hardly to be regretted, for there were few drains to carry dirty water away, and the gutter was full enough already. It ran down the middle of the street, which sloped gently toward it, and there were no sidewalks. When it rained, this street-gutter would rise and overflow, and enterprising men would come out with little wooden bridges on wheels and slip them in between the carriages, and give the quick-footed walker an opportunity to cross the torrent, if he did not slip in from the wet plank; while a pretty woman would sometimes trust herself to the arms of a burly porter.[Footnote: See the print in Fournel, 539, after Granier. Conductors were coming into use before the Revolution. Encyc. meth. Jurisp., x. 716.] The houses had gutters along the eaves, but no conductors coming down the walls, so that the water from the roofs was collected and came down once in every few yards in a torrent, bursting umbrellas, and deluging cloaks and hats. The manure spread before sick men's doors to deaden the sound of wheels was washed down the street to add to the destructive qualities which already characterized the mud of Paris. An exceptionally heavy fall of snow would entirely get the better of the authorities, filling the streets from side to side with pools of slush, in which fallen horses had been known to drown. When the sun shone again all was lively as before; the innumerable vehicles crowded the streets from wall to wall, with their great hubs standing well out beyond the wheels, and threatened to eviscerate the pedestrian, as he flattened himself against the house. The carriages of the nobility dashed through the press, the drivers calling out to make room; they were now seldom preceded by runners in splendid livery, as had been the fashion under the former reign, but sometimes one or two huge dogs careered in front, and the Parisians complained that they were first knocked down by the dogs and then run over by the wheels. At times came street cleaners and swept up some of the mud, and carted it away, having first freely spattered the clothes of all who passed near them. In some streets were slaughter-houses, and terrified cattle occasionally made their way into the neighboring shops. The signs swung merrily overhead. They appealed to the most careless eye, being often gigantic boots, or swords, or gloves, marking what was for sale within; or if in words, they might be misspelt, and thus adapted to a rude understanding. Large placards on the walls advertised the theatres. Street musicians performed on their instruments. Ballad-singers howled forth the story of the last great crime. Amid all the hubbub, the nimble citizen who had practiced walking as a fine art, picked his careful way in low shoes and white silk stockings; hoping to avoid the necessity of calling for the services of the men with clothes-brush and blacking who waited at the street corners.[Footnote: Mercier, xii. 71, i. 107, 123, 215, 216. Young, i. 76. In 1761 the signs in the principal streets were reduced to a projection of three feet. Later, they were ordered to be set flat against the walls. Babeau, Paris, 42; but see Mercier. Names were first put on the street corners in 1728. Babeau, Paris, 43. Franklin, L'Hygiène.]