The Eve of the French Revolution

by Edward J. Lowell

Under the fourth head, Sieyes considers the Provincial Assemblies recently established, and the Assembly of Notables, both of which he considers entirely incapable of doing good, because they are composed of privileged persons. He scorns the proposal of the nobility to pay a fair share of the taxes, being unwilling to accept as a favor what he wishes to take as a right. He fears that the Commons will be content with too little and will not sweep away all privilege. He attacks the English Constitution, which the liberal nobles of France were in the habit of setting up as a model, saying that it is not good in itself, but only as a prodigious system of props and makeshifts against disorder. The right of trial by jury he considers its best feature.

He then passes to the question: What should have been done? and here he gives us the foundation of his system. Without naming Rousseau he has adopted the Social Compact as the basis of government. A nation is made up of individuals; these unite to form a community; for convenience they depute persons to represent them and to exercise the common power. [Footnote: It need hardly be pointed out that Sieyes falls short of the full measure of Rousseau's doctrine when he allows the law-making, or more correctly the constitution-making power, to be delegated at all.] The constitution of the state is the body of rules by which these representatives are governed when they legislate or administer the public affairs. The constitution is fundamental, not as binding the national will, but only as binding the bodies existing within the state. The nation itself is free from all such bonds. No constitution can control it. Its will cannot be limited. The nation assembling to consider its constitution is not controlled by ordinary forms. Its delegates meeting for that especial purpose are independent of the constitution. They represent the national will, and questions are settled by them not in accordance with constitutional laws, but as they might be in a meeting of the whole nation were it small enough to be brought together in one place; that is to say, by a vote of the majority.[Footnote: Sieyes and his master do not see that if unanimity cannot be secured, and if constitutional law be once done away, men are reduced under their system to a state of nature, and the will of a majority has no binding force but that of the strong arm.]

But where find the nation? Where it is: in the forty thousand parishes which comprise all the territory and all the inhabitants of the country. They should have been arranged in groups of twenty or thirty parishes, and have thus formed representative districts, which should have united to make provinces, which should have sent true delegates, with special power to settle the constitution of the Estates General.

This correct course has not been followed, but what now remains to be done? Let the Commons assemble apart from the other orders. Let them join with the Nobility and the Clergy neither by orders, as a part of a legislature of three chambers, nor by heads, in one common assembly. Two courses are open. Either let them appeal to the nation for increased powers, which would be the most frank and generous way; or let them only consider the enormous difference that exists between the assembly of the Third Estate and that of the other two orders. "The former represents twenty-five millions of men and deliberates on the interests of the nation. The other two, were they united, have received their powers from but about two hundred thousand individuals, and think only of their privileges. The Third Estate alone, you will say, cannot form the Estates General. So much the better! It will make a National Assembly."

I have considered this famous pamphlet at some length, because it was eminently timely, expressing, as it did, the doctrines and the aspirations of the subversionary party in France. I believe, and principally on the evidence of the cahiers, that this party did not form a majority, or even, numerically, a very large minority, of the French nation. A constitutional convention, organized from the Commons alone as Sieyes would have had it, if left to itself and uncontrolled by the Parisian mob, would undoubtedly have settled the question of a single chamber in a popular sense, but it would have preserved the privileges of the nobility to an extent which would have disgusted the extremists, and perhaps have saved the country from years of violence and decades of reaction. But the people of violent ideas were predominant in Paris and in some of the towns, and were destined, for a time, to be the chief force in the French Revolution. The passions of this party were love of equality and hatred of privilege. To men of this stamp despotism may be comparatively indifferent; liberty is a word of sweet sound, but little meaning. Sieyes hardly refers to the king in his pamphlet. "The time is past," he says, "when the three orders, thinking only of defending themselves from ministerial despotism, were ready to unite against the common enemy." This comparative indifference to the tyranny of the court was not the feeling of the country, but it was that of the enthusiasts. Nothing is too bad according to these last, for men who hold privileges. They have no right to assemblies of their own, nor to a voice in the assemblies of the people. To ask what place they should occupy in the social order "is to ask what place should be assigned in a sick body to the malignant humor which undermines and torments it."

CHAPTER XXI.

THE CAHIERS.

It is seldom, indeed, that a great nation can express fully, frankly, and yet officially, all its complaints, wishes, and hopes in respect to its own government. Our knowledge of national ideas must generally be derived from the words of particular classes of men: statesmen, politicians, authors, or writers in the newspapers. The ideas of these classes are more or less in accord with those of the great mass of the people which they undertake to represent; yet their expressions are necessarily tinged by their own professional way of looking at things. But in the spring of 1789 all Frenchmen, with few exceptions, were called on to unite, not merely in choosing representatives, but in giving them minute instructions. The occasion was most solemn. The Estates General, the great central legislature of France, which had not met for nearly two centuries, was summoned to assemble at Versailles. It should be the old body and something more. It was to partake of the nature of a constitutional convention. It was not only to legislate, but to settle the principles of government. It was called by the king to advise and consent to all that might concern the needs of the state, the reform of abuses, the establishment of a fixed and lasting order in all parts of the administration, the general prosperity of his kingdom, and the welfare of all and each of his subjects.[Footnote: Royal Letter of Convocation, January 24, 1789, A. P. i. 611. The principal printed collection of cahiers, together with much preliminary matter, may be found in the first six volumes of the Archives Parlementaires, edited by MM. Mavidal et Laurent, Paris. The seventh volume consists of an index, which, although very imperfect, is necessary to an intelligent study of the cahiers. The cahiers printed in these volumes occupy about 4,000 large octavo pages in double column. These volumes will be referred to in this chapter and the next as A. P. Many cahiers and extracts from cahiers are also found printed in other places. I have not undertaken to give references to all the cahiers on which my conclusions are founded, but only to a few typical examples. The letters C., N., and T indicate the three orders. Where no such letter occurs the cahier is generally that of a town or village.]

The three orders of men, the Clergy, the Nobility, and the Commons, or Third Estate, were to hold their elections separately in every district, [Footnote: Saillage, sénéchaussée.] unless they should, by separate votes, agree to unite.[Footnote: The three orders did not often unite, but there is often evidence of communication between them. They all united at Bayonne, A. P. iii. 98. Montfort l'Amaury, A. P. iv. 37. Rozières, A. P. iv. 91. Fenestrange, A. P. v. 710. Mohon, A. P. v. 729. The Clergy and the Nobility united at Lixheim, A. P. v. 713; the Nobility and the Third Estate at Péronne, A. P. v. 355.] In accordance with ancient custom they were to draw up petitions, complaints, and remonstrances, which were intended to form a basis for legislation. These complaints were to be brought to the Estates, and were to serve as instructions, more or less positive, to the deputies who brought them. They were known in French political language as Cahiers.

The cahiers of the Clergy and of the Nobility were drawn up in the electoral meetings which took place in every district. To these local assemblies of the Clergy, all bishops, abbots, and parish priests, holding benefices, were summoned. Chapters and monasteries sent only representatives. The result of this arrangement was that the parish priests far outnumbered the regular ecclesiastics and dignitaries, and that the clerical cahiers oftenest express the wishes of the lower portion of the secular clergy. This preponderance of the lower clergy appears to have been foreseen and desired by the royal advisers. The king had expressed his wish to call to the assemblies of the Clergy "all those good and faithful pastors who are occupied closely and every day with the poverty and the assistance of the people and who are more intimately acquainted with its ills and its apprehensions."[Footnote: Règlement du 24 Jan. 1789, A. P. i. 544. Parish priests were not allowed to leave their parishes to go to the assemblies if more than two leagues distant, unless they left curates to do their work. But this provision did not keep enough of them away to alter the character of the assemblies.]