When we consider its inexperience, the conditions under which it worked, and the complexities of its problems, one must concede that the Assembly did a very remarkable amount of constructive work. Much of that work was sound and still endures, much was experimental and has been undone. Some was disastrous. There was a clearing up of the penal code; torture, arbitrary imprisonment, and persecutions for heresy were abolished; and the ancient provinces of France, Normandy, Burgundy, and the like gave place to eighty departments. Promotion to the highest ranks in the army was laid open to men of every class. An excellent and simple system of law courts was set up, but its value was much vitiated by having the judges appointed by popular election for short periods of time. This made the crowd a sort of final court of appeal, and the judges, like the members of the Assembly, were forced to play to the gallery. And the whole vast property of the church was seized and administered by the state; religious establishments not engaged in education or works of charity were broken up, and the salaries of the clergy made a charge upon the nation. This in itself was not a bad thing for the lower clergy in France, who were often scandalously underpaid in comparison with the richer dignitaries. But in addition the choice of priests and bishops was made elective, which struck at the very root idea of the Roman church, which centred everything upon the Pope, and in which all authority is from above downward. Practically the National Assembly wanted at one blow to make the church in France Protestant, in organization if not in doctrine. Everywhere there were disputes and conflicts between the state priests of the republic and the recalcitrant (non-juring) priests who were loyal to Rome....
One curious thing the National Assembly did which greatly weakened its grip on affairs. It decreed that no member of the Assembly should be an executive minister. This was in imitation of the American constitution, where also ministers are separated from the legislature. The British method has been to have all ministers in the legislative body, ready to answer questions and account for their interpretation of the laws and their conduct of the nation’s business. If the legislature represents the sovereign people, then it is surely necessary for the ministers to be in the closest touch with their sovereign. This severance of the legislature and executive in France caused misunderstandings and mistrust; the legislature lacked control and the executive lacked moral force. This led to such an ineffectiveness in the central government that in many districts at this time, communes and towns were to be found that were practically self-governing communities; they accepted or rejected the commands of Paris as they thought fit, declined the payment of taxes, and divided up the church lands according to their local appetites.
§ 10
It is quite possible that with the loyal support of the crown and a reasonable patriotism on the part of the nobility, the National Assembly, in spite of its noisy galleries, its Rousseauism, and its inexperience, might have blundered through to a stable form of parliamentary government for France. In Mirabeau it had a statesman with clear ideas of the needs of the time; he knew the strength and the defects of the British system, and apparently he had set himself to establish in France a parallel political organization upon a wider, more honest franchise. He had, it is true, indulged in a sort of Ruritanian flirtation with the queen, seen her secretly, pronounced her very solemnly the “only man” about the king, and made rather a fool of himself in that matter, but his schemes were drawn upon a much larger scale than the scale of the back stairs of the Tuileries. By his death in 1791 France certainly lost one of her most constructive statesmen, and the National Assembly its last chance of any co-operation with the king. When there is a court there is usually a conspiracy, and royalist schemes and royalist mischief-making were the last straw in the balance against the National Assembly. The royalists did not care for Mirabeau, they did not care for France; they wanted to be back in their lost paradise of privilege, haughtiness, and limitless expenditure, and it seemed to them that if only they could make the government of the National Assembly impossible, then by a sort of miracle the dry bones of the ancient régime would live again. They had no sense of the other possibility, the gulf of the republican extremists, that yawned at their feet.
One June night in 1791, between eleven o’clock and midnight, the king and queen and their two children slipped out of the Tuileries disguised, threaded their palpitating way through Paris, circled round from the north of the city to the east, and got at last into a travelling-carriage that was waiting upon the road to Chalons. They were flying to the army of the east.[439] The army of the east was “loyal,” that is to say, its general and officers at least were prepared to betray France to the king and court. Here was adventure at last after the queen’s heart, and one can understand the pleasurable excitement of the little party as the miles lengthened between themselves and Paris. Away over the hills were reverence, deep bows, and the kissing of hands. Then back to Versailles. A little shooting of the mob in Paris—artillery, if need be. A few executions—but not of the sort of people who matter. A White Terror for a few months. Then all would be well again. Perhaps Calonne might return too, with fresh financial expedients. He was busy just then gathering support among the German princes. There were a lot of chateaux to rebuild, but the people who burnt them down could hardly complain if the task of rebuilding them pressed rather heavily upon their grimy necks....
All such bright anticipations were cruelly dashed that night at Varennes. The king had been recognized at Sainte Menehould by the landlord of the post house, and as the night fell, the eastward roads clattered with galloping messengers rousing the country, and trying to intercept the fugitives. There were fresh horses waiting in the upper village of Varennes—the young officer in charge had given the king up for the night and gone to bed—while for half an hour in the lower village the poor king, disguised as a valet, disputed with his postillions, who had expected reliefs in the lower village and refused to go further. Finally they consented to go on. They consented too late. The little party found the postmaster from Sainte Menehould, who had ridden past while the postillions wrangled, and a number of worthy republicans of Varennes whom he had gathered together, awaiting them at the bridge between the two parts of the town. The bridge was barricaded. Muskets were thrust into the carriage: “Your passports?”