In the eight months during which he was a member of the Provisional Commune, that is, from January to September 1790, his name appears in the debates but a dozen times.[71] More than half of these are mention of committees upon which his common-sense and legal training were of service; in one only, that of February 4, does he speak on a motion, and that is in support of Barré to admit the public when the oath was taken: one other (that on the 19th of March concerning the formation of a “grand jury”) would be interesting were it not that the whole gist of the debate was but a repetition of the much more significant discussion at the Cordeliers. Finally, there is one little notice which is half-pathetic and half-grotesque: he is one of the committee of twenty-four charged with the duty of “presenting their humble thanks, with the mayor at their head,” to the King for giving the municipality a marble bust of himself. But every entry is petty and unimportant: Danton at the Provisional Municipality of 1790 is deliberately silent—he can do nothing.

If we turn, however, to a field in which he was more at home, we find him during that year more than ever the leader of the Cordeliers, which itself becomes more than ever the leader of Paris.

There are two important features in the part he plays at the assemblies of the district during the spring and summer in which he was a silent member of the Commune. First, the affair of his arrest; secondly, his campaign against what may be called “the municipal reaction.”

As to the first, it is a very minor point in the general history of the Revolution, but it is of considerable influence upon the career of Danton himself. When the affair of Marat was (or should have been) forgotten, the Châtelet, with that negligence which we have seen them display in the business of the warrant for Marat’s arrest, saw fit to launch another warrant, this time for the arrest of Danton himself. Once more that unpopular and moribund tribunal put itself on the wrong side of the law, and once more it chose the most inopportune moment for its action. It was on the 17th of March,[72] nearly two months after the affair—two months during which Danton had been hard at work effacing its effects upon his reputation—that the warrant was issued, and the motive of arrest given in the parchment was of the least justifiable kind. In the district meeting of the day, when the police officers had been taken to the hall of the Cordeliers, and had had the changes in the law read out to them, Danton had made use of a violent phrase: its actual words were not known; some said that he had threatened to “call out the Faubourg St. Antoine, and make the jaws of the guard grow white.” Other witnesses refused to attribute those words to him, but accused him of saying, “If every one thought as I do, we should have twenty thousand men at our back;” his friends admitted that some angry and injudicious speech, such as he was often guilty of, had escaped him, but they affirmed that he had added, “God forbid that such a thing should happen; the cause is too good to be so jeopardised.”

Whatever he said (and probably he himself could not accurately have remembered), the place and the time were privileged. It was a test case, but the logic of such a privilege was evident. Here you have deliberative assemblies to which are intrusted ultimately the formation of a government for Paris: what is said in such a constituent meeting, however ill-advised, must in the nature of things be allowed to pass; if not, you limit the discussion of the primary, and if you limit that discussion you vitiate the whole theory upon which the new constitution was being framed. It must be carefully remembered that we are not dealing with deliberative bodies long established, possessed of the central power, and holding privilege by tradition and by their importance in the State; we are dealing with the elementary deliberative assemblies in a period which, rightly or wrongly, was transforming the whole State upon one perfectly definite political theory—namely, that these primary assemblies were the only root and just source of power. When, therefore, Parisian opinion rose violently in favour of the president of a district so attacked, when three hundred voters out of five signed a petition in Danton’s favour, when he was re-elected president of the district twelve days after the issue of the warrant, it was because the whole body of the electors felt a great and justifiable fear of what was left of the old regime. The Châtelet had acted so, not from a careful appreciation of public danger—to fend off which temporary powers had been given it—but because it was blind with old age; because it dated from a time and was composed of a set of men who hated all deliberative assemblies, and it was justly thought that if such actions were justified, the whole system of revolutionary Paris was in danger.

As though in proof of the false view that the Châtelet took of their man, on the 19th of March, two days after the warrant was issued, Danton was urging the replacement of the Châtelet by a Grand Jury; he had an admiration and a knowledge of the old English system, and it was against a man attempting so wise a reform that the last relic of the old jurisprudence was making an attack.

An appeal was lodged with the National Assembly, and Anthoine read a long report to the Assembly upon May 18. This report was strongly in favour of Danton. It was drawn up by a special committee—not partisan in any way—and after examining all the evidence it came to this conclusion against the Châtelet. Nevertheless the House, a great body of nearly a thousand men, to most of whom the name of Danton meant only a loud Radical voice, hesitated. To adopt the report might have irretrievably weakened the Châtelet, and the National Assembly was extremely nervous on the subject of order in Paris. It ended by an adjournment. The report remained in Danton’s favour; he was not arrested, but the affair was unfortunate for him, and threw him back later at a very important occasion, when he might have entered into power peaceably himself and at a peaceable time.

But while this business was drawing to its close, during the very months of April and May which saw his partial vindication, another and a far more momentous business was occupying the Cordeliers—a matter in which they directed all their energy towards a legal solution, but in which, unfortunately for the city, they failed.

Ever since the days of October—earlier if you will—there had been arising a strong sentiment, to which I have alluded more than once, and which, for lack of a better name, may be called the Moderate reaction in Paris. It is difficult to characterise this complex body of thought in one adjective, and I cannot lengthen a chapter already too prolonged by a detailed examination of its origin and development. Suffice it to say that from the higher bourgeoisie (generally speaking), from those who were in theory almost Republican, but whose lives were passed in the artificial surroundings of wealth, and finally from the important group of the financiers, who of all men most desired practical reform, and who of all men most hated ideals; from these three, supported by many a small shopkeeper or bureaucrat, came a demand, growing in vigour, for a conservative municipal establishment—one that should be limited in its basis, almost aristocratic in quality, and concerned very much with the maintenance of law and order and very little with the idea of municipal self-government.

It is a character to be noted in the French people, this timidity of the small proprietor and his reliance upon constituted authority. It is a matter rarely observed, and yet explaining all Parisian history, that this sentiment does not mark off a particular body of men, but, curiously enough, is found in the mind of nearly every Frenchman, existing side by side with another set of feelings which, on occasion, can make them the most arrant idealists in the world.