Weakness of former governments.—Energy of the new
government.—The despotic creed and instincts of the
Jacobin.
So far, the weakness of the legal government is extreme. During four years, whatever its kind, it has constantly and everywhere been disobeyed. For four years it never dared enforce obedience. Recruited among the cultivated and refined class, the rulers of the country have brought with them into power the prejudices and sensibilities of the epoch. Under the influence of the prevailing dogma they have submitted to the will of the multitude and, with too much faith in the rights of Man, they have had too little in the authority of the magistrate. Moreover, through humanity, they have abhorred bloodshed and, unwilling to repress, they have allowed themselves to be repressed. Thus from the 1st of May, 1789, to June 2, 1793, they have administrated or legislated, escaping countless insurrections, almost all of them going unpunished; while their constitution, an unhealthy product of theory and fear, have done no more than transform spontaneous anarchy into legal anarchy. Deliberately and through distrust of authority they have undermined the principle of command, reduced the King to the post of a decorative puppet, and almost annihilated the central power: from the top to the bottom of the hierarchy the superior has lost his hold on the inferior, the minister on the departments, the departments on the districts, and the districts on the communes. Throughout all branches of the service, the chief, elected on the spot and by his subordinates, has come to depend on them. Thenceforth, each post in which authority is vested is found isolated, dismantled and preyed upon, while, to crown all, the Declaration of Rights, proclaiming "the jurisdiction of constituents over their clerks,"[1102] has invited the assailants to make the assault. On the strength of this a faction arises which ends in becoming an organized band; under its clamor, its menaces and its pikes, at Paris and in the provinces, at the polls and in the parliament, the majorities are all silenced, while the minorities vote, decree and govern; the Legislative Assembly is purged, the King is dethroned, and the Convention is mutilated. Of all the garrisons of the central citadel, whether royalists, Constitutionalists, or Girondins, not one has been able to defend itself, to re-fashion the executive instrument, to draw the sword and use it in the streets: on the first attack, often at the first summons, all have surrendered, and now the citadel, with every other public fortress, is in the hands of the Jacobins.
This time, its occupants are of a different stamp. Aside from the great mass of well-disposed people fond of a quiet life, the Revolution has sifted out and separated from the rest all who are fanatical, brutal or perverse enough to have lost respect for others; these form the new garrison—sectarians blinded by their creed, the roughs (assommeurs) who are hardened by their calling, and those who make all they can out of their offices. None of this class are scrupulous concerning human life or property; for, as we have seen, they have shaped the theory to suit themselves, and reduced popular sovereignty to their sovereignty. The commonwealth, according to the Jacobin, is his; with him, the commonwealth comprises all private possessions, bodies, estates, souls and consciences; everything belongs to him; the fact of being a Jacobin makes him legitimately czar and pope. Little does he care about the wills of actually living Frenchmen; his mandate does not emanate from a vote; it descends to him from aloft, conferred on him by Truth, by Reason, by Virtue. As he alone is enlightened, and the only patriot, he alone is worthy to take command, while resistance, according to his imperious pride, is criminal. If the majority protests it is because the majority is imbecile or corrupt; in either case, it deserves to be brought to heel. And, in fact, the Jacobin only does that and right away too; insurrections, usurpations, pillaging, murders, assaults on individuals, on judges and public attorneys, on assemblies, violations of law, attacks on the State, on communities—there is no outrage not committed by him. He has always acted as sovereign instinctively; he was so as a private individual and clubbist; he is not to cease being so, now that he possesses legal authority, and all the more because if he hesitates he knows he is lost; to save himself from the scaffold he has no refuge but in a dictatorship. Such a man, unlike his predecessors, will not allow himself to be turned out; on the contrary, he will exact obedience at any cost. He will not hesitate to restore the central power; he will put back the local wheels that have been detached; he will repair the old forcing gear; he will set it agoing so as to work more rudely and arbitrarily than ever, with greater contempt for private rights and public liberties than either a Louis XIV. or a Napoleon.
II. Jacobin Dissimulation.
Contrast between his words and his acts.—How he
dissimulates his change of front.—The Constitution of June,
1793.—Its promises of freedom.
In the mean time, he has to harmonize his coming acts with his recent declarations, which, at the first glance, seems a difficult operation: for, in the speeches he has made he has already condemned the actions he meditates. Yesterday he exaggerated the rights of the governed, even to a suppression of those of the government; to-morrow he is to exaggerate the rights of the people in power, even to suppressing those who are governed. The people, as he puts it, is the sole sovereign, and he is going to treat the people as slaves; the government, as he puts it, is a valet, and he is going to endow the government with prerogatives of a sultan. He has just denounced the slightest exercise of public authority as a crime; he is now going to punish as a crime the slightest resistance to public authority. What will justify such a volte-face and with what excuse can he repudiate the principles with which he justified his takeover?—He takes good care not to repudiate them; it would drive the already rebellious provinces to extremes; on the contrary, he proclaims them with renewed vigor, through which move the ignorant crowd, seeing the same flask always presented to it, imagines that it is always served with the same liquor, and is thus forced to drink tyranny under the label of freedom. Whatever the charlatan can do with his labels, signboards, shouting and lies for the next six months, will be done to disguise the new nostrum; so much the worse for the public if, later on, it discovers that the draught is bitter; sooner or later it must swallow it, willingly or by compulsion: for, in the interval, the instruments are being got ready to force it down the public throat.[1103]
As a beginning, the Constitution, so long anticipated and so often promised, is hastily fabricated:[1104] declarations of rights in thirty-five articles, the Constitutional bill in one hundred and twenty-four articles, political principles and institutions of every sort, electoral, legislative, executive, administrative, judicial, financial and military;[1105] in three weeks all is drawn up and passed on the double.—Of course, the new Constitutionalists do not propose to produce an effective and serviceable instrument; that is the least of their worries. Hérault Séchelles, the reporter of the bill, writes on the 7th of June, "to have procured for him at once the laws of Minos, of which he has urgent need;" very urgent need, as he must hand in the Constitution that week.[1106] Such circumstance is sufficiently characteristic of both the workmen and the work. All is mere show and pretense. Some of the workmen are shrewd politicians whose sole object is to furnish the public with words instead of realities; others, ordinary scribblers of abstractions, or even ignoramuses, and unable to distinguish words from reality, imagine that they are framing laws by stringing together a lot of phrases.—It is not a difficult job; the phrases are ready-made to hand. "Let the plotters of anti-popular systems," says the reporter, "painfully elaborate their projects! Frenchmen.... have only to consult their hearts to read the Republic there!"[1107] Drafted in accordance with the "Contrat-Social," filled with Greek and Latin reminiscences, it is a summary "in pithy style" of the manual of current aphorisms then in vogue, Rousseau's mathematical formulas and prescriptions, "the axioms of truth and the consequences flowing from these axioms," in short, a rectilinear constitution which any school-boy may spout on leaving college. Like a handbill posted on the door of a new shop, it promises to customers every imaginable article that is handsome and desirable. Would you have rights and liberties? You will find them all here. Never has the statement been so clearly made, that the government is the servant, creature and tool of the governed; it is instituted solely "to guarantee to them their natural, imprescriptible rights." [1108] Never has a mandate been more strictly limited: "The right of expressing one's thoughts and opinions, either through the press or in any other way; the right of peaceful assembly, the free exercise of worship, cannot be interdicted." Never have citizens been more carefully guarded against the encroachments and excesses of public authority: "The law should protect public and private liberties against the oppression of those who govern... offenses committed by the people's mandatories and agents must never go unpunished. Let free men instantly put to death every individual usurping sovereignty. .. Every act against a man outside of the cases and forms which the law determines is arbitrary and tyrannical; whosoever is subjected to violence in the execution of this act has the right to repel it by force... When the government violates the people's rights insurrection is, for the people and for each portion of the people, the most sacred of rights and the most indispensable of duties."
To civil rights the generous legislator has added political rights, and multiplied every precaution for maintaining the dependence of rulers on the people.—In the first place, rulers are appointed by the people and through direct choice or nearly direct choice: in primary meetings the people elect deputies, city officers, justices of the peace, and electors of the second degree; the latter, in their turn, elect in the secondary meetings, district and department administrators, civil arbitrators, criminal judges, judges of appeal and the eighty candidates from amongst which the legislative body is to select its executive council.—In the second place, all powers of whatever kind are never conferred except for a very limited term: one year for deputies, for electors of the second degree, for civil arbitrators, and for judges of every kind and class. As to municipalities and also department and district administrations, these are one-half renewable annually. Every first of May the fountain-head of authority flows afresh, the people in its primary assemblies, spontaneously formed, manifesting or changing at will its staff of clerks.—In the third place, even when installed and at work, the people may, if it pleases, become their collaborator: means are provided for "deliberating" with its deputies. The latter, on incidental questions, those of slight importance, on the ordinary business of the year, may enact laws; but on matters of general, considerable and permanent interest, they are simply to propose the laws, while, especially as regards a declaration of war, the people alone must decide. The people have a suspensive veto and, finally, a definitive veto, which they may exercise when they please. To this end, they may assemble in extraordinary session; one-fifth of the citizens who have the right to vote suffice for their convocation. Once convoked, the vote is determined by a Yes or a No on the act proposed by the legislative body. If, at the expiration of forty days, one-tenth of the primary assemblies in one-half of the departments vote No, there is a suspensive veto. In that event all the primary assemblies of the Republic must be convoked and if the majority still decides in the negative, that is a definitive veto. The same formalities govern a revision of the established constitution.—In all this, the plan of the "Montagnards" is a further advance on that of the Girondins; never was so insignificant a part assigned to the rulers nor so extensive a part to the governed. The Jacobins profess a respect for the popular initiative which amounts to a scruple.[1109] According to them the sovereign people should be sovereign de facto, permanently, and without interregnum, allowed to interfere in all serious affairs, and not only possess the right, but the faculty, of imposing its will on its mandatories.—All the stronger is the reason for referring to it the institutions now being prepared for it. Hence the Convention, after the parade is over, convokes the primary assemblies and submits to them for ratification the Constitutional bill has been drawn up.