We step into a new world from the moment that we enter upon the history of the Revolution of 1789. Before that period, every petty reform had to be won by long negotiations, arrangements, and agreements of various kinds. The Edict of 1787, although it granted less than had been given by Henry IV. in the Edict of Nantes, cost twenty years of efforts. Now, on the contrary, we shall behold everything advancing with a firm and rapid step. The timorous scruples of the monarch, the subtle contrivances of his counsellors, the blind resistance of the privileged classes, no longer presided over the public affairs. A great assembly, the faithful interpreter of general intelligence and conscience, shook off the shackles of the past which had only sustained itself with artificial props, and enunciated principles that must resolve the most important problems of political and social order.
From the 21st of August, 1789, the Constituent Assembly overthrew the barriers, which had until then debarred the admission of Protestants to offices of state. Article 11 of the Declaration of Rights was thus conceived: “All citizens, being equal in the eye of the law, are equally admissible to every public dignity, place, and employment, according to their capacity, and without other distinctions than those of their virtues and their talents.”
With some slight differences of expression, this article was subsequently reproduced in each of the French constitutions. It may have been still disregarded in practice, as it has been, indeed, frequently, since 1814; but the principle was definitively won. It triumphed only after ages of persecution, iniquities, and combats. So tardy are human laws to inscribe the maxims of truth and justice!
The eighteenth article of the Declaration of Rights was destined to guarantee liberty of conscience and of worship. The committee of the National Assembly had drawn it up at first in these words: “No one shall be molested on account of his religious opinions, or disturbed in the exercise of his religion.” This was clear, precise, and unequivocal; but a curate proposed a restriction, which was adopted. The new article bore the appearance, in its embarrassed style, of the impress of the legislator’s hesitation: “No one shall be molested on account of his opinions, or even for his religious opinions, provided that he does not, in manifesting them, disturb the public order established by the law.”
This addition was superfluous in one sense, since it is evident that every religion must respect legal order in its acts. In another sense it was dangerous, since it seemed to confer upon the civil power more authority than it ought to have possessed in such matters. The priest, who was inspired with this unfortunate thought, ought to have foreseen that he placed a weapon in the hands of the politicians, which they would perhaps turn against [the members of] his own communion. Did the persecutors of 1793 invoke anything else than the duty of maintaining the order established by the law?
Rabaut Saint Etienne, who had been nominated a member of the Constituent Assembly by the seneschalry of Nismes, perceived the danger, and pointed it out in a speech, which obtained great applause throughout the country. It is one of the most admirable specimens of advocacy that has ever been pronounced in favour of religious liberty: such an oration has a place in history.
The speaker began by showing that those who have opposed toleration in every age, have never alleged any other pretext than that adduced by the imprudent curate. “The Inquisition always said, in its soft and guarded language, that assuredly no attack should ever be made upon thought; that every one is free as to his opinions, provided he does not manifest them; but that, as this manifestation might disturb public order, the law ought to watch it with scrupulous attention; and under the favour of this principle, the intolerant classes have arrogated to themselves that power of inspection which has subjected thought, and enchained it during so many centuries!...
“I discharge a holy mission,” continued the orator; “I obey the voice of my constituents. I represent a seneschalry of three hundred and sixty thousand inhabitants, of whom more than one hundred and twenty thousand are Protestants, who have intrusted their delegates to solicit from you the complement of the Edict of November, 1787. Another seneschalry of Languedoc, and other places of the kingdom, have expressed the same hope, and ask that you should give the non-Catholics the liberty of their worship....” (All! All! shouted a crowd of deputies.)
Rabaut Saint Etienne then appealed to the rights already sanctioned by the Assembly. “Your principles are that liberty is common property, and that every citizen has an equal right to it. Liberty, then, should belong to all Frenchmen alike, and in the same manner. Every one has a right to it, or no one has; he who would deprive others of it, is not worthy of it himself; he who distributes it unevenly, does not know what it is; he who assails the liberty of others, no matter in what [fashion it may be], assails his own, and deserves to lose it in his turn, as being unworthy of a gift, of which he cannot estimate the value.
“Your principles are that liberty of thought and opinion is an inalienable and indefeasible right. This liberty, gentlemen, is the most sacred of all; it is above the control of men; its refuge is in the depth of the conscience, whither it retreats as to an inviolable sanctuary, where no mortal has the light to penetrate; it is the only liberty that mankind has never submitted to the laws of universal society. To constrain it is unjust; to attack it is sacrilege.”