Another very serious difficulty now arose. The Constitution established freedom of conscience and of worship. It, however, justly required that all governmental officers should take the oath of allegiance to the Constitution. The Church had been so long in intimate alliance with the State, that that alliance was not severed, and the clergy, as public functionaries who received their salaries from the national treasury, were consequently required to take the oath. Any one was at liberty to refuse to take this oath. By so doing he merely forfeited employment by the nation. He was still permitted to perform the functions of the ministry for any who were disposed to support him as their pastor.

In the Province of Vendée the majority of the clergy refused to take the oath, and carried with them the immense majority of the simple and superstitious peasants. The churches in which they had ministered were immediately assigned to other priests who had taken the oath. The great mass of the people abandoned the churches and followed their nonjuring pastors to private houses, barns, and into the fields. Great enthusiasm was excited, and the nonjuring priests endeavored to excite the people against their colleagues who had taken the oath, and against the people who accepted their ministrations. Acts of violence were frequent and civil war was imminent.

The Legislative Assembly was alarmed, and endeavored to meet the difficulty by adopting measures totally hostile to the free spirit of the Constitution. They resolved that the nonjuring priests should again be called upon to take the oath of allegiance to the Constitution; that, if they refused, they should be not only deprived of all salary, but should be removed from their parishes, and even imprisoned, if need be, that they might not excite their former parishioners to civil war. They were also forbidden to exercise the privilege of private worship. The administrative bodies were required to transmit a list of such priests to the Assembly, with notes relative to the conduct of each one.

These decrees were surely unconstitutional. The bishops and the priests who were endangered by them sent to the king an earnest remonstrance against them. Many of the most influential of the Constitutionalists were opposed to them as both tyrannical and cruel. The king was so moved that he said to his ministers, who coincided with him in opinion, "They shall take my life before they shall compel me to sanction such decrees."

The king returned the bill with his veto, and aggravated the odium this would naturally excite by retaining, contrary to the solicitations of his best friends, nonjuring ecclesiastics to perform the religious services of his chapel. Though we can not commend the prudence we must respect the spirit which impelled him to say,

"The Constitution decrees freedom of religious worship for every body. The king is surely entitled to that liberty as much as his subjects."

All argument was on one side, but peril, more powerful than argument, on the other. "The nonjuring priests," it was exclaimed, "are exciting civil war. The law of self-defense renders it imperative that we should strike them down."

Upon the completion of the Constitution, La Fayette, emulating the character of Washington, resigned the command of the National Guard and retired to his estates. Bailly also resigned his post as mayor of Paris. The command of the Guard was intrusted to six generals, who were to exercise it in rotation. A new mayor of Paris was to be chosen. La Fayette was the candidate of the Constitutionalists, and Pétion of that radical portion of the Republicans who were termed Jacobins. The aristocracy, with their accustomed infatuation, supported Pétion with their influence and with a large outlay of money. They feared that a constitutional monarchy might be sustained, but they believed that the Jacobins would introduce such anarchy as might secure the recall of the old monarchy.

"The Marquis de la Fayette," said the queen, "only desires to be Mayor of Paris that he may be mayor of the palace. Pétion is a Jacobin and a Republican; but he is a fool, incapable of ever being the leader of a party. He will be a nullity of a mayor. Besides, it is possible that the knowledge of the interest we take in his election may bring him over to the king."[314]

Pétion was chosen by a large majority. Bitterly did the king and queen afterward bewail his election. But thus through all this tragedy did they spurn those who alone had the heart and the ability to help them.