The Commune took its defeat ill. They tried to prove that the old members had not really resigned. They sent a committee to interview them, but the committee came back with proof that the resignation was voluntary, and finally, on November 28, the little company of democrats were sworn in to a very ungracious and unwilling Assembly, and Danton had won.

My readers must excuse so detailed an account of an event which is empty of picturesque detail and which is so small a part of that fertile winter. From the point of view of general history it is the first appearance of the Mandat Imperatif in action; and from the point of view of Danton’s rôle in the Revolution it is of the utmost importance, though it is so insignificant a catalogue of quarrels. It was Danton’s first victory, and it was decisive. It put a wedge, as it were, into the gate that he was forcing open by persistent effort; and though his final position in the administration of Paris is won after many further failures, it is a direct consequence of this success in 1789. At the same time it showed that a young, loud-voiced lawyer of the middle class could have that one necessary quality of skill lying under the coarse exterior; he could play the game with the subtlety of appreciation which was so necessary in the terrible year of invasion, the keen aptitude of the mind which the visionaries were too unpractised, the demagogues too brutal to attain. That aptitude had appeared in Danton’s pleading, and was to make him during the war a man necessary to France.

It was a month or six weeks after these events, on some date in January which we can only fix by indirect evidence, that Danton was himself elected to represent the district. The restless society had caused a further resignation, and five new members came to the Hotel de Ville.[63] He came unimportant, effaced, known merely as a demagogue, into that municipal assembly which contained the most dignified, the most learned, and the most representative of the noblesse and higher bourgeoisie, to sit under the frowns and endure the silence, and at first the contempt, of Condorcet, of D’Espagnac, of the academicians Laharpe and Suard, the astronomer De Cassini, Lavoisier, De Moreton-Chabrillant captain of the guard, Bailly and Lafayette themselves. And in the very first hours of his presence, before he had taken the oath, an incident occurred which clinched, as it were, the disfavour in which he was regarded, and which for a year put him in the background of a council which he was destined ultimately to master. I refer to what is known as the incident of Marat.

Marat was more of a gentleman than Danton; it is also fair to say that he was nearly mad. No two men could have been more different than the learned, irritable, visionary physician and the young, healthy country lawyer who was for a moment his champion. The one has met continually the ruling class, and has suffered from its insolence and privilege; the other has known professional friends indeed of the first rank, but has passed his life with the trading middle class, and has entered perhaps during all his career in Paris not one salon, nor met perhaps one of the brilliant women of his time.

Marat presented from the outset the first problem to be faced by a people who are testing liberty. He was a journalist and pamphleteer of unbridled license, one of those who cannot find in themselves that control which, when it is absent in public writers, can only be supplanted by the cumbersome, dangerous, and necessary machinery of the Censor. Not for money, of course, nor for any unworthy motive, but for the excellent end of attaining freedom, this morbid mind poured out the wildest, the most sensational, and the most dangerous appeals.

Now the courts were in process of transition; rapidly as the reform had marched since the summer, much of the old judicial procedure necessarily remained, and among the rest a body known as the Châtelet, whose removal was already planned, but which had to be maintained until the new system could be put in working order. It was very typical of the old regime. A body of privileged lawyers, many of them young and ignorant, holding their places by inheritance or purchase, and charged with what we may call the police of the capital. They had formerly possessed (and it had not yet been abolished in detail) the power of arbitrary arrest. They drew their name from the heavy fortress which had once defended the Pont au Change when Paris was confined to the island of the Cité; some of its walls dated at latest from the Norman siege of the tenth century, and beneath it were cellars which had for centuries been the prisons of those arrested in Paris by the city guard. It stood gloomy and strong on the site of the modern place that bears its name, dominating the close streets of the Boucherie, and possessing in its associations and its waning power all the qualities that had made the Bastille odious to the people. It may be imagined how the jurisdiction which it contained was bound to attract the chief efforts of the reformers; it could not, however, cease to exercise its functions until there was some more liberal institution to supply its place, and it came of necessity into violent collision with that spirit which was determined to break down by force what the resolutions of the Assembly had abolished in theory, but had not yet supplanted in fact.

The principal object of Marat’s tirades was the moderate town council, and especially Bailly. Moreover, the worthy astronomer was an admirable butt. He assumed a livery, and put a fine coat-of-arms on his carriage, and, while he weakly opposed the rising democracy of Paris, he was very strong in the matter of pomposity. Marat was called to the bar of the Commune to answer for these attacks upon the mayor on the 28th of September. A warrant for his arrest was made out by the Châtelet on the 6th of October, but the day was too critical for an action of police against an individual. On the 8th another warrant was sent out, and Marat fled to a hiding-place up on Montmartre, from which, like a mad prophet on a hill-top, he pamphleteered the city at his feet. His quarrels, therefore (though very different in kind) were contemporaneous with the important struggle between the Cordeliers and the Municipality which are detailed above. The two attacks began to merge in December.

Marat, on the 12th of that month, was hunted out of his retreat, and brought before a lower court, but so confused were the powers of the Châtelet in this period of its reform and extinction that the prosecution was dropped. Emboldened by this failure on the part of his opponents, he came to live and print his sheet openly in the Rue des Fossés St. Germains—that is, in the midst of the district of the Cordeliers. What followed is well known. At a moment when the struggle between the district and the Hotel de Ville is at its height, just after the scene in which Danton’s deputation had protested against the mayor’s commission to the militia officers, while the insulting irony of the term “my lord” was still ringing in Bailly’s ears, and when Danton himself had been actually elected for the district, and was present in the Municipality on the point of taking the oath—when all these causes of quarrel were, so to speak, met in one date, the Moderates determined to strike. Marat was pouring out his impossible diatribes from the territory of the rebellious district, and no opportunity could be more favourable. The Châtelet issued once more the warrant for his arrest, and this time it was supported by Lafayette, who promised to lend four thousand of the National Guard.

Now note the importance of what follows. Neither side in the struggle of the autumn had definitely won. The National Assembly had temporised, the advantage of the Cordeliers in the matter of the disputed elections had been achieved by a trick, and in the dead-lock between two principles, the central power of the Municipality and the local autonomy of the district, neither of the two theories was based upon tradition, neither even (in the confusion of rapid reforms) could justify itself by a definite pronouncement of the law. On the one side was the theory of a highly restricted suffrage, government by a class socially refined and lying with the nobility rather than with the people; this side was determined to form an army to support their politics, and it was they who, when they did act at last, achieved—but much too late—the sharp and sanguinary reaction of July 1791. On the other side was the desire for a wide, later for a universal, suffrage; a determination to emphasise in the development of the Revolutionary theory, equality and the general will, rather than order and the practical working of new laws; a political attitude which was to lead the Revolution into the intense idealism of 1792, and to end by declaring the Republic. And all this was represented in the demand which, of its nature, is the expression of extreme democracy—I mean the demand for local autonomy, the idea that an act of government is most just when it emanates not even from representatives, but from the lips of the governed themselves.

Such were the two forces opposed to one another in the affair of Marat—forces which, if not in all France, were in Paris at least the two great camps of the Revolution. Already the district had declared its intention to protect the liberty of the press within its boundaries,[64] and had been wise enough to specially condemn Marat’s violence; already had it named a committee of five to see that no arbitrary arrest should take place in its territory,[65] when Lafayette sent his militia, cavalry and infantry, on the 22nd of January to help the arrest of Marat. Not content with the 3000 men thus employed, he clinched the matter with cannon, placing a couple of pieces at the end of the Rue des Fossés St. Germains.[66] He was determined to settle things by force, and beat the extremists with their own weapons. His effort did not find force opposed to it, as he had hoped; it broke itself in the most unexpected manner upon the legal ability of Danton.