Among the incivilities by which nations or individuals provoke and irritate
each other, Mr. Burke's pamphlet on the French Revolution is an extraordinary
instance. Neither the People of France, nor the National Assembly, were
troubling themselves about the affairs of England, or the English Parliament;
and that Mr. Burke should commence an unprovoked attack upon them, both
in Parliament and in public, is a conduct that cannot be pardoned on
the score of manners, nor justified on that of policy.
There is scarcely an epithet of abuse to be found in the English language,
with which Mr. Burke has not loaded the French Nation and the National
Assembly. Everything which rancour, prejudice, ignorance or knowledge
could suggest, is poured forth in the copious fury of near four hundred
pages. In the strain and on the plan Mr. Burke was writing, he might
have written on to as many thousands. When the tongue or the pen is
let loose in a frenzy of passion, it is the man, and not the subject,
that becomes exhausted.
Hitherto
Mr. Burke has been mistaken and disappointed in the opinions he had
formed of the affairs of France; but such is the ingenuity of his hope,
or the malignancy of his despair, that it furnishes him with new pretences
to go on. There was a time when it was impossible to make Mr. Burke
believe there would be any Revolution in France. His opinion then was,
that the French had neither spirit to undertake it nor fortitude to
support it; and now that there is one, he seeks an escape by condemning
it.
Not sufficiently
content with abusing the National Assembly, a great part of his work
is taken up with abusing Dr. Price (one of the best-hearted men that
lives) and the two societies in England known by the name of the Revolution
Society and the Society for Constitutional Information.
Dr. Price
had preached a sermon on the 4th of November, 1789, being the anniversary
of what is called in England the Revolution, which took place 1688.
Mr. Burke, speaking of this sermon, says:
"The
political Divine proceeds dogmatically to assert, that by the principles
of the Revolution, the people of England have acquired three fundamental
rights:
To choose
our own governors.
To cashier them for misconduct.
To frame a government for ourselves."
Dr. Price does not say that the right to do these things exists in this
or in that person, or in this or in that description of persons, but
that it exists in the whole; that it is a right resident in the nation.
Mr. Burke, on the contrary, denies that such a right exists in the nation,
either in whole or in part, or that it exists anywhere; and, what is
still more strange and marvellous, he says: "that the people of
England utterly disclaim such a right, and that they will resist the
practical assertion of it with their lives and fortunes." That
men should take up arms and spend their lives and fortunes, not to maintain
their rights, but to maintain they have not rights, is an entirely new
species of discovery, and suited to the paradoxical genius of Mr. Burke.
The method which Mr. Burke takes to prove that the people of England
have no such rights, and that such rights do not now exist in the nation,
either in whole or in part, or anywhere at all, is of the same marvellous
and monstrous kind with what he has already said; for his arguments
are that the persons, or the generation of persons, in whom they did
exist, are dead, and with them the right is dead also. To prove this,
he quotes a declaration made by Parliament about a hundred years ago,
to William and Mary, in these words: "The Lords Spiritual and Temporal,
and Commons, do, in the name of the people aforesaid" (meaning
the people of England then living) "most humbly and faithfully
submit themselves, their heirs and posterities, for EVER." He quotes
a clause of another Act of Parliament made in the same reign, the terms
of which he says, "bind us" (meaning the people of their day),
"our heirs and our posterity, to them, their heirs and posterity,
to the end of time."
Mr. Burke
conceives his point sufficiently established by producing those clauses,
which he enforces by saying that they exclude the right of the nation
for ever. And not yet content with making such declarations, repeated
over and over again, he farther says, "that if the people of England
possessed such a right before the Revolution" (which he acknowledges
to have been the case, not only in England, but throughout Europe, at
an early period), "yet that the English Nation did, at the time
of the Revolution, most solemnly renounce and abdicate it, for themselves,
and for all their posterity, for ever."
As Mr.
Burke occasionally applies the poison drawn from his horrid principles,
not only to the English nation, but to the French Revolution and the
National Assembly, and charges that august, illuminated and illuminating
body of men with the epithet of usurpers, I shall, sans ceremonie, place
another system of principles in opposition to his.
The English
Parliament of 1688 did a certain thing, which, for themselves and their
constituents, they had a right to do, and which it appeared right should
be done. But, in addition to this right, which they possessed by delegation,
they set up another right by assumption, that of binding and controlling
posterity to the end of time. The case, therefore, divides itself into
two parts; the right which they possessed by delegation, and the right
which they set up by assumption. The first is admitted; but with respect
to the second, I reply-
There never
did, there never will, and there never can, exist a Parliament, or any
description of men, or any generation of men, in any country, possessed
of the right or the power of binding and controlling posterity to the
"end of time," or of commanding for ever how the world shall
be governed, or who shall govern it; and therefore all such clauses,
acts or declarations by which the makers of them attempt to do what
they have neither the right nor the power to do, nor the power to execute,
are in themselves null and void. Every age and generation must be as
free to act for itself in all cases as the age and generations which
preceded it. The vanity and presumption of governing beyond the grave
is the most ridiculous and insolent of all tyrannies. Man has no property
in man; neither has any generation a property in the generations which
are to follow. The Parliament or the people of 1688, or of any other
period, had no more right to dispose of the people of the present day,
or to bind or to control them in any shape whatever, than the parliament
or the people of the present day have to dispose of, bind or control
those who are to live a hundred or a thousand years hence. Every generation
is, and must be, competent to all the purposes which its occasions require.
It is the living, and not the dead, that are to be accommodated. When
man ceases to be, his power and his wants cease with him; and having
no longer any participation in the concerns of this world, he has no
longer any authority in directing who shall be its governors, or how
its government shall be organised, or how administered.
I am not
contending for nor against any form of government, nor for nor against
any party, here or elsewhere. That which a whole nation chooses to do
it has a right to do. Mr. Burke says, No. Where, then, does the right
exist? I am contending for the rights of the living, and against their
being willed away and controlled and contracted for by the manuscript
assumed authority of the dead, and Mr. Burke is contending for the authority
of the dead over the rights and freedom of the living. There was a time
when kings disposed of their crowns by will upon their death-beds, and
consigned the people, like beasts of the field, to whatever successor
they appointed. This is now so exploded as scarcely to be remembered,
and so monstrous as hardly to be believed. But the Parliamentary clauses
upon which Mr. Burke builds his political church are of the same nature.
The laws
of every country must be analogous to some common principle. In England
no parent or master, nor all the authority of Parliament, omnipotent
as it has called itself, can bind or control the personal freedom even
of an individual beyond the age of twenty-one years. On what ground
of right, then, could the Parliament of 1688, or any other Parliament,
bind all posterity for ever?
Those who
have quitted the world, and those who have not yet arrived at it, are
as remote from each other as the utmost stretch of mortal imagination
can conceive. What possible obligation, then, can exist between them-
what rule or principle can be laid down that of two nonentities, the
one out of existence and the other not in, and who never can meet in
this world, the one should control the other to the end of time?
In England
it is said that money cannot be taken out of the pockets of the people
without their consent. But who authorised, or who could authorise, the
Parliament of 1688 to control and take away the freedom of posterity
(who were not in existence to give or to withhold their consent) and
limit and confine their right of acting in certain cases for ever?
A greater
absurdity cannot present itself to the understanding of man than what
Mr. Burke offers to his readers. He tells them, and he tells the world
to come, that a certain body of men who existed a hundred years ago
made a law, and that there does not exist in the nation, nor ever will,
nor ever can, a power to alter it. Under how many subtilties or absurdities
has the divine right to govern been imposed on the credulity of mankind?
Mr. Burke has discovered a new one, and he has shortened his journey
to Rome by appealing to the power of this infallible Parliament of former
days, and he produces what it has done as of divine authority, for that
power must certainly be more than human which no human power to the
end of time can alter.
But Mr.
Burke has done some service- not to his cause, but to his country- by
bringing those clauses into public view. They serve to demonstrate how
necessary it is at all times to watch against the attempted encroachment
of power, and to prevent its running to excess. It is somewhat extraordinary
that the offence for which James II. was expelled, that of setting up
power by assumption, should be re-acted, under another shape and form,
by the Parliament that expelled him. It shows that the Rights of Man
were but imperfectly understood at the Revolution, for certain it is
that the right which that Parliament set up by assumption (for by the
delegation it had not, and could not have it, because none could give
it) over the persons and freedom of posterity for ever was of the same
tyrannical unfounded kind which James attempted to set up over the Parliament
and the nation, and for which he was expelled. The only difference is
(for in principle they differ not) that the one was an usurper over
living, and the other over the unborn; and as the one has no better
authority to stand upon than the other, both of them must be equally
null and void, and of no effect.
From what,
or from whence, does Mr. Burke prove the right of any human power to
bind posterity for ever? He has produced his clauses, but he must produce
also his proofs that such a right existed, and show how it existed.
If it ever existed it must now exist, for whatever appertains to the
nature of man cannot be annihilated by man. It is the nature of man
to die, and he will continue to die as long as he continues to be born.
But Mr. Burke has set up a sort of political Adam, in whom all posterity
are bound for ever. He must, therefore, prove that his Adam possessed
such a power, or such a right.
The weaker
any cord is, the less will it bear to be stretched, and the worse is
the policy to stretch it, unless it is intended to break it. Had anyone
proposed the overthrow of Mr. Burke's positions, he would have proceeded
as Mr. Burke has done. He would have magnified the authorities, on purpose
to have called the right of them into question; and the instant the
question of right was started, the authorities must have been given
up.
It requires
but a very small glance of thought to perceive that although laws made
in one generation often continue in force through succeeding generations,
yet they continue to derive their force from the consent of the living.
A law not repealed continues in force, not because it cannot be repealed,
but because it is not repealed; and the non-repealing passes for consent.
But Mr.
Burke's clauses have not even this qualification in their favour. They
become null, by attempting to become immortal. The nature of them precludes
consent. They destroy the right which they might have, by grounding
it on a right which they cannot have. Immortal power is not a human
right, and therefore cannot be a right of Parliament. The Parliament
of 1688 might as well have passed an act to have authorised themselves
to live for ever, as to make their authority live for ever. All, therefore,
that can be said of those clauses is that they are a formality of words,
of as much import as if those who used them had addressed a congratulation
to themselves, and in the oriental style of antiquity had said: O Parliament,
live for ever!
The circumstances
of the world are continually changing, and the opinions of men change
also; and as government is for the living, and not for the dead, it
is the living only that has any right in it. That which may be thought
right and found convenient in one age may be thought wrong and found
inconvenient in another. In such cases, who is to decide, the living
or the dead?
As almost
one hundred pages of Mr. Burke's book are employed upon these clauses,
it will consequently follow that if the clauses themselves, so far as
they set up an assumed usurped dominion over posterity for ever, are
unauthoritative, and in their nature null and void; that all his voluminous
inferences, and declamation drawn therefrom, or founded thereon, are
null and void also; and on this ground I rest the matter.
We now
come more particularly to the affairs of France. Mr. Burke's book has
the appearance of being written as instruction to the French nation;
but if I may permit myself the use of an extravagant metaphor, suited
to the extravagance of the case, it is darkness attempting to illuminate
light.
While I
am writing this there are accidentally before me some proposals for
a declaration of rights by the Marquis de la Fayette (I ask his pardon
for using his former address, and do it only for distinction's sake)
to the National Assembly, on the 11th of July, 1789, three days before
the taking of the Bastille, and I cannot but remark with astonishment
how opposite the sources are from which that gentleman and Mr. Burke
draw their principles. Instead of referring to musty records and mouldy
parchments to prove that the rights of the living are lost, "renounced
and abdicated for ever," by those who are now no more, as Mr. Burke
has done, M. de la Fayette applies to the living world, and emphatically
says: "Call to mind the sentiments which nature has engraved on
the heart of every citizen, and which take a new force when they are
solemnly recognised by all:- For a nation to love liberty, it is sufficient
that she knows it; and to be free, it is sufficient that she wills it."
How dry, barren, and obscure is the source from which Mr. Burke labors!
and how ineffectual, though gay with flowers, are all his declamation
and his arguments compared with these clear, concise, and soul-animating
sentiments! Few and short as they are, they lead on to a vast field
of generous and manly thinking, and do not finish, like Mr. Burke's
periods, with music in the ear, and nothing in the heart.
As I have
introduced M. de la Fayette, I will take the liberty of adding an anecdote
respecting his farewell address to the Congress of America in 1783,
and which occurred fresh to my mind, when I saw Mr. Burke's thundering
attack on the French Revolution. M. de la Fayette went to America at
the early period of the war, and continued a volunteer in her service
to the end. His conduct through the whole of that enterprise is one
of the most extraordinary that is to be found in the history of a young
man, scarcely twenty years of age. Situated in a country that was like
the lap of sensual pleasure, and with the means of enjoying it, how
few are there to be found who would exchange such a scene for the woods
and wildernesses of America, and pass the flowery years of youth in
unprofitable danger and hardship! but such is the fact. When the war
ended, and he was on the point of taking his final departure, he presented
himself to Congress, and contemplating in his affectionate farewell
the Revolution he had seen, expressed himself in these words: "May
this great monument raised to liberty serve as a lesson to the oppressor,
and an example to the oppressed!" When this address came to the
hands of Dr. Franklin, who was then in France, he applied to Count Vergennes
to have it inserted in the French Gazette, but never could obtain his
consent. The fact was that Count Vergennes was an aristocratical despot
at home, and dreaded the example of the American Revolution in France,
as certain other persons now dread the example of the French Revolution
in England, and Mr. Burke's tribute of fear (for in this light his book
must be considered) runs parallel with Count Vergennes' refusal. But
to return more particularly to his work.
"We
have seen," says Mr. Burke, "the French rebel against a mild
and lawful monarch, with more fury, outrage, and insult, than any people
has been known to rise against the most illegal usurper, or the most
sanguinary tyrant." This is one among a thousand other instances,
in which Mr. Burke shows that he is ignorant of the springs and principles
of the French Revolution.
It was
not against Louis XVI. but against the despotic principles of the Government,
that the nation revolted. These principles had not their origin in him,
but in the original establishment, many centuries back: and they were
become too deeply rooted to be removed, and the Augean stables of parasites
and plunderers too abominably filthy to be cleansed by anything short
of a complete and universal Revolution. When it becomes necessary to
do anything, the whole heart and soul should go into the measure, or
not attempt it. That crisis was then arrived, and there remained no
choice but to act with determined vigor, or not to act at all. The king
was known to be the friend of the nation, and this circumstance was
favorable to the enterprise. Perhaps no man bred up in the style of
an absolute king, ever possessed a heart so little disposed to the exercise
of that species of power as the present King of France. But the principles
of the Government itself still remained the same. The Monarch and the
Monarchy were distinct and separate things; and it was against the established
despotism of the latter, and not against the person or principles of
the former, that the revolt commenced, and the Revolution has been carried.
Mr. Burke
does not attend to the distinction between men and principles, and,
therefore, he does not see that a revolt may take place against the
despotism of the latter, while there lies no charge of despotism against
the former.
The natural
moderation of Louis XVI. contributed nothing to alter the hereditary
despotism of the monarchy. All the tyrannies of former reigns, acted
under that hereditary despotism, were still liable to be revived in
the hands of a successor. It was not the respite of a reign that would
satisfy France, enlightened as she was then become. A casual discontinuance
of the practice of despotism, is not a discontinuance of its principles:
the former depends on the virtue of the individual who is in immediate
possession of the power; the latter, on the virtue and fortitude of
the nation. In the case of Charles I. and James II. of England, the
revolt was against the personal despotism of the men; whereas in France,
it was against the hereditary despotism of the established Government.
But men who can consign over the rights of posterity for ever on the
authority of a mouldy parchment, like Mr. Burke, are not qualified to
judge of this Revolution. It takes in a field too vast for their views
to explore, and proceeds with a mightiness of reason they cannot keep
pace with.
But there
are many points of view in which this Revolution may be considered.
When despotism has established itself for ages in a country, as in France,
it is not in the person of the king only that it resides. It has the
appearance of being so in show, and in nominal authority; but it is
not so in practice and in fact. It has its standard everywhere. Every
office and department has its despotism, founded upon custom and usage.
Every place has its Bastille, and every Bastille its despot. The original
hereditary despotism resident in the person of the king, divides and
sub-divides itself into a thousand shapes and forms, till at last the
whole of it is acted by deputation. This was the case in France; and
against this species of despotism, proceeding on through an endless
labyrinth of office till the source of it is scarcely perceptible, there
is no mode of redress. It strengthens itself by assuming the appearance
of duty, and tyrannies under the pretence of obeying.
When a
man reflects on the condition which France was in from the nature of
her government, he will see other causes for revolt than those which
immediately connect themselves with the person or character of Louis
XVI. There were, if I may so express it, a thousand despotisms to be
reformed in France, which had grown up under the hereditary despotism
of the monarchy, and became so rooted as to be in a great measure independent
of it. Between the Monarchy, the Parliament, and the Church there was
a rivalship of despotism; besides the feudal despotism operating locally,
and the ministerial despotism operating everywhere. But Mr. Burke, by
considering the king as the only possible object of a revolt, speaks
as if France was a village, in which everything that passed must be
known to its commanding officer, and no oppression could be acted but
what he could immediately control. Mr. Burke might have been in the
Bastille his whole life, as well under Louis XVI. as Louis XIV., and
neither the one nor the other have known that such a man as Burke existed.
The despotic principles of the government were the same in both reigns,
though the dispositions of the men were as remote as tyranny and benevolence.
What Mr.
Burke considers as a reproach to the French Revolution (that of bringing
it forward under a reign more mild than the preceding ones) is one of
its highest honors. The Revolutions that have taken place in other European
countries, have been excited by personal hatred. The rage was against
the man, and he became the victim. But, in the instance of France we
see a Revolution generated in the rational contemplation of the Rights
of Man, and distinguishing from the beginning between persons and principles.
But Mr.
Burke appears to have no idea of principles when he is contemplating
Governments. "Ten years ago," says he, "I could have
felicitated France on her having a Government, without inquiring what
the nature of that Government was, or how it was administered."
Is this the language of a rational man? Is it the language of a heart
feeling as it ought to feel for the rights and happiness of the human
race? On this ground, Mr. Burke must compliment all the Governments
in the world, while the victims who suffer under them, whether sold
into slavery, or tortured out of existence, are wholly forgotten. It
is power, and not principles, that Mr. Burke venerates; and under this
abominable depravity he is disqualified to judge between them. Thus
much for his opinion as to the occasions of the French Revolution. I
now proceed to other considerations.
I know
a place in America called Point-no-Point, because as you proceed along
the shore, gay and flowery as Mr. Burke's language, it continually recedes
and presents itself at a distance before you; but when you have got
as far as you can go, there is no point at all. Just thus it is with
Mr. Burke's three hundred and sixty-six pages. It is therefore difficult
to reply to him. But as the points he wishes to establish may be inferred
from what he abuses, it is in his paradoxes that we must look for his
arguments.
As to the
tragic paintings by which Mr. Burke has outraged his own imagination,
and seeks to work upon that of his readers, they are very well calculated
for theatrical representation, where facts are manufactured for the
sake of show, and accommodated to produce, through the weakness of sympathy,
a weeping effect. But Mr. Burke should recollect that he is writing
history, and not plays, and that his readers will expect truth, and
not the spouting rant of high-toned exclamation.
When we
see a man dramatically lamenting in a publication intended to be believed
that "The age of chivalry is gone! that The glory of Europe is
extinguished for ever! that The unbought grace of life (if anyone knows
what it is), the cheap defence of nations, the nurse of manly sentiment
and heroic enterprise is gone!" and all this because the Quixot
age of chivalry nonsense is gone, what opinion can we form of his judgment,
or what regard can we pay to his facts? In the rhapsody of his imagination
he has discovered a world of wind mills, and his sorrows are that there
are no Quixots to attack them. But if the age of aristocracy, like that
of chivalry, should fall (and they had originally some connection) Mr.
Burke, the trumpeter of the Order, may continue his parody to the end,
and finish with exclaiming: "Othello's occupation's gone!"
Notwithstanding
Mr. Burke's horrid paintings, when the French Revolution is compared
with the Revolutions of other countries, the astonishment will be that
it is marked with so few sacrifices; but this astonishment will cease
when we reflect that principles, and not persons, were the meditated
objects of destruction. The mind of the nation was acted upon by a higher
stimulus than what the consideration of persons could inspire, and sought
a higher conquest than could be produced by the downfall of an enemy.
Among the few who fell there do not appear to be any that were intentionally
singled out. They all of them had their fate in the circumstances of
the moment, and were not pursued with that long, cold-blooded unabated
revenge which pursued the unfortunate Scotch in the affair of 1745.
Through
the whole of Mr. Burke's book I do not observe that the Bastille is
mentioned more than once, and that with a kind of implication as if
he were sorry it was pulled down, and wished it were built up again.
"We have rebuilt Newgate," says he, "and tenanted the
mansion; and we have prisons almost as strong as the Bastille for those
who dare to libel the queens of France."[2] a madman like the person
called Lord George Gordon might say, and to whom Newgate is rather a
bedlam than a prison, it is unworthy a rational consideration. It was
a madman that libelled, and that is sufficient apology; and it afforded
an opportunity for confining him, which was the thing that was wished
for. But certain it is that Mr. Burke, who does not call himself a madman
(whatever other people may do), has libelled in the most unprovoked
manner, and in the grossest style of the most vulgar abuse, the whole
representative authority of France, and yet Mr. Burke takes his seat
in the British House of Commons! From his violence and his grief, his
silence on some points and his excess on others, it is difficult not
to believe that Mr. Burke is sorry, extremely sorry, that arbitrary
power, the power of the Pope and the Bastille, are pulled down.
Not one
glance of compassion, not one commiserating reflection that I can find
throughout his book, has he bestowed on those who lingered out the most
wretched of lives, a life without hope in the most miserable of prisons.
It is painful to behold a man employing his talents to corrupt himself.
Nature has been kinder to Mr. Burke than he is to her. He is not affected
by the reality of distress touching his heart, but by the showy resemblance
of it striking his imagination. He pities the plumage, but forgets the
dying bird. Accustomed to kiss the aristocratical hand that hath purloined
him from himself, he degenerates into a composition of art, and the
genuine soul of nature forsakes him. His hero or his heroine must be
a tragedy-victim expiring in show, and not the real prisoner of misery,
sliding into death in the silence of a dungeon.
As Mr.
Burke has passed over the whole transaction of the Bastille (and his
silence is nothing in his favour), and has entertained his readers with
refections on supposed facts distorted into real falsehoods, I will
give, since he has not, some account of the circumstances which preceded
that transaction. They will serve to show that less mischief could scarcely
have accompanied such an event when considered with the treacherous
and hostile aggravations of the enemies of the Revolution.
The mind
can hardly picture to itself a more tremendous scene than what the city
of Paris exhibited at the time of taking the Bastille, and for two days
before and after, nor perceive the possibility of its quieting so soon.
At a distance this transaction has appeared only as an act of heroism
standing on itself, and the close political connection it had with the
Revolution is lost in the brilliancy of the achievement. But we are
to consider it as the strength of the parties brought man to man, and
contending for the issue. The Bastille was to be either the prize or
the prison of the assailants. The downfall of it included the idea of
the downfall of despotism, and this compounded image was become as figuratively
united as Bunyan's Doubting Castle and Giant Despair.
The National
Assembly, before and at the time of taking the Bastille, was sitting
at Versailles, twelve miles distant from Paris. About a week before
the rising of the Partisans, and their taking the Bastille, it was discovered
that a plot was forming, at the head of which was the Count D'Artois,
the king's youngest brother, for demolishing the National Assembly,
seizing its members, and thereby crushing, by a coup de main, all hopes
and prospects of forming a free government. For the sake of humanity,
as well as freedom, it is well this plan did not succeed. Examples are.
not wanting to show how dreadfully vindictive and cruel are all old
governments, when they are successful against what they call a revolt.
This plan
must have been some time in contemplation; because, in order to carry
it into execution, it was necessary to collect a large military force
round Paris, and cut off the communication between that city and the
National Assembly at Versailles. The troops destined for this service
were chiefly the foreign troops in the pay of France, and who, for this
particular purpose, were drawn from the distant provinces where they
were then stationed. When they were collected to the amount of between
twenty-five and thirty thousand, it was judged time to put the plan
into execution. The ministry who were then in office, and who were friendly
to the Revolution, were instantly dismissed and a new ministry formed
of those who had concerted the project, among whom was Count de Broglio,
and to his share was given the command of those troops. The character
of this man as described to me in a letter which I communicated to Mr.
Burke before he began to write his book, and from an authority which
Mr. Burke well knows was good, was that of "a high-flying aristocrat,
cool, and capable of every mischief."
While these
matters were agitating, the National Assembly stood in the most perilous
and critical situation that a body of men can be supposed to act in.
They were the devoted victims, and they knew it. They had the hearts
and wishes of their country on their side, but military authority they
had none. The guards of Broglio surrounded the hall where the Assembly
sat, ready, at the word of command, to seize their persons, as had been
done the year before to the Parliament of Paris. Had the National Assembly
deserted their trust, or had they exhibited signs of weakness or fear,
their enemies had been encouraged and their country depressed. When
the situation they stood in, the cause they were engaged in, and the
crisis then ready to burst, which should determine their personal and
political fate and that of their country, and probably of Europe, are
taken into one view, none but a heart callous with prejudice or corrupted
by dependence can avoid interesting itself in their success.
The Archbishop
of Vienne was at this time President of the National Assembly- a person
too old to undergo the scene that a few days or a few hours might bring
forth. A man of more activity and bolder fortitude was necessary, and
the National Assembly chose (under the form of a Vice-President, for
the Presidency still resided in the Archbishop) M. de la Fayette; and
this is the only instance of a Vice-President being chosen. It was at
the moment that this storm was pending (July 11th) that a declaration
of rights was brought forward by M. de la Fayette, and is the same which
is alluded to earlier. It was hastily drawn up, and makes only a part
of the more extensive declaration of rights agreed upon and adopted
afterwards by the National Assembly. The particular reason for bringing
it forward at this moment (M. de la Fayette has since informed me) was
that, if the National Assembly should fall in the threatened destruction
that then surrounded it, some trace of its principles might have the
chance of surviving the wreck.
Everything
now was drawing to a crisis. The event was freedom or slavery. On one
side, an army of nearly thirty thousand men; on the other, an unarmed
body of citizens- for the citizens of Paris, on whom the National Assembly
must then immediately depend, were as unarmed and as undisciplined as
the citizens of London are now. The French guards had given strong symptoms
of their being attached to the national cause; but their numbers were
small, not a tenth part of the force that Broglio commanded, and their
officers were in the interest of Broglio.
Matters
being now ripe for execution, the new ministry made their appearance
in office. The reader will carry in his mind that the Bastille was taken
the 14th July; the point of time I am now speaking of is the 12th. Immediately
on the news of the change of ministry reaching Paris, in the afternoon,
all the playhouses and places of entertainment, shops and houses, were
shut up. The change of ministry was considered as the prelude of hostilities,
and the opinion was rightly founded.
The foreign
troops began to advance towards the city. The Prince de Lambesc, who
commanded a body of German cavalry, approached by the Place of Louis
XV., which connects itself with some of the streets. In his march, he
insulted and struck an old man with a sword. The French are remarkable
for their respect to old age; and the insolence with which it appeared
to be done, uniting with the general fermentation they were in, produced
a powerful effect, and a cry of "To arms! to arms!" spread
itself in a moment over the city.
Arms they
had none, nor scarcely anyone who knew the use of them; but desperate
resolution, when every hope is at stake, supplies, for a while, the
want of arms. Near where the Prince de Lambesc was drawn up, were large
piles of stones collected for building the new bridge, and with these
the people attacked the cavalry. A party of French guards upon hearing
the firing, rushed from their quarters and joined the people; and night
coming on, the cavalry retreated.
The streets
of Paris, being narrow, are favourable for defence, and the loftiness
of the houses, consisting of many stories, from which great annoyance
might be given, secured them against nocturnal enterprises; and the
night was spent in providing themselves with every sort of weapon they
could make or procure: guns, swords, blacksmiths' hammers, carpenters'
axes, iron crows, pikes, halberts, pitchforks, spits, clubs, etc., etc.
The incredible numbers in which they assembled the next morning, and
the still more incredible resolution they exhibited, embarrassed and
astonished their enemies. Little did the new ministry expect such a
salute. Accustomed to slavery themselves, they had no idea that liberty
was capable of such inspiration, or that a body of unarmed citizens
would dare to face the military force of thirty thousand men. Every
moment of this day was employed in collecting arms, concerting plans,
and arranging themselves into the best order which such an instantaneous
movement could afford. Broglio continued lying round the city, but made
no further advances this day, and the succeeding night passed with as
much tranquility as such a scene could possibly produce.
But defence
only was not the object of the citizens. They had a cause at stake,
on which depended their freedom or their slavery. They every moment
expected an attack, or to hear of one made on the National Assembly;
and in such a situation, the most prompt measures are sometimes the
best. The object that now presented itself was the Bastille; and the
eclat of carrying such a fortress in the face of such an army, could
not fail to strike terror into the new ministry, who had scarcely yet
had time to meet. By some intercepted correspondence this morning, it
was discovered that the Mayor of Paris, M. Defflesselles, who appeared
to be in the interest of the citizens, was betraying them; and from
this discovery, there remained no doubt that Broglio would reinforce
the Bastille the ensuing evening. It was therefore necessary to attack
it that day; but before this could be done, it was first necessary to
procure a better supply of arms than they were then possessed of.
There was,
adjoining to the city a large magazine of arms deposited at the Hospital
of the Invalids, which the citizens summoned to surrender; and as the
place was neither defensible, nor attempted much defence, they soon
succeeded. Thus supplied, they marched to attack the Bastille; a vast
mixed multitude of all ages, and of all degrees, armed with all sorts
of weapons. Imagination would fail in describing to itself the appearance
of such a procession, and of the anxiety of the events which a few hours
or a few minutes might produce. What plans the ministry were forming,
were as unknown to the people within the city, as what the citizens
were doing was unknown to the ministry; and what movements Broglio might
make for the support or relief of the place, were to the citizens equally
as unknown. All was mystery and hazard.
That the
Bastille was attacked with an enthusiasm of heroism, such only as the
highest animation of liberty could inspire, and carried in the space
of a few hours, is an event which the world is fully possessed of. I
am not undertaking the detail of the attack, but bringing into view
the conspiracy against the nation which provoked it, and which fell
with the Bastille. The prison to which the new ministry were dooming
the National Assembly, in addition to its being the high altar and castle
of despotism, became the proper object to begin with. This enterprise
broke up the new ministry, who began now to fly from the ruin they had
prepared for others. The troops of Broglio dispersed, and himself fled
also.
Mr. Burke
has spoken a great deal about plots, but he has never once spoken of
this plot against the National Assembly, and the liberties of the nation;
and that he might not, he has passed over all the circumstances that
might throw it in his way. The exiles who have fled from France, whose
case he so much interests himself in, and from whom he has had his lesson,
fled in consequence of the miscarriage of this plot. No plot was formed
against them; they were plotting against others; and those who fell,
met, not unjustly, the punishment they were preparing to execute. But
will Mr. Burke say that if this plot, contrived with the subtilty of
an ambuscade, had succeeded, the successful party would have restrained
their wrath so soon? Let the history of all governments answer the question.
Whom has
the National Assembly brought to the scaffold? None. They were themselves
the devoted victims of this plot, and they have not retaliated; why,
then, are they charged with revenge they have not acted? In the tremendous
breaking forth of a whole people, in which all degrees, tempers and
characters are confounded, delivering themselves, by a miracle of exertion,
from the destruction meditated against them, is it to be expected that
nothing will happen? When men are sore with the sense of oppressions,
and menaced with the prospects of new ones, is the calmness of philosophy
or the palsy of insensibility to be looked for? Mr. Burke exclaims against
outrage; yet the greatest is that which himself has committed. His book
is a volume of outrage, not apologised for by the impulse of a moment,
but cherished through a space of ten months; yet Mr. Burke had no provocation-
no life, no interest, at stake.
More of
the citizens fell in this struggle than of their opponents: but four
or five persons were seized by the populace, and instantly put to death;
the Governor of the Bastille, and the Mayor of Paris, who was detected
in the act of betraying them; and afterwards Foulon, one of the new
ministry, and Berthier, his son-in-law, who had accepted the office
of intendant of Paris. Their heads were stuck upon spikes, and carried
about the city; and it is upon this mode of punishment that Mr. Burke
builds a great part of his tragic scene. Let us therefore examine how
men came by the idea of punishing in this manner.
They learn
it from the governments they live under; and retaliate the punishments
they have been accustomed to behold. The heads stuck upon spikes, which
remained for years upon Temple Bar, differed nothing in the horror of
the scene from those carried about upon spikes at Paris; yet this was
done by the English Government. It may perhaps be said that it signifies
nothing to a man what is done to him after he is dead; but it signifies
much to the living; it either tortures their feelings or hardens their
hearts, and in either case it instructs them how to punish when power
falls into their hands.
Lay then
the axe to the root, and teach governments humanity. It is their sanguinary
punishments which corrupt mankind. In England the punishment in certain
cases is by hanging, drawing and quartering; the heart of the sufferer
is cut out and held up to the view of the populace. In France, under
the former Government, the punishments were not less barbarous. Who
does not remember the execution of Damien, torn to pieces by horses?
The effect of those cruel spectacles exhibited to the populace is to
destroy tenderness or excite revenge; and by the base and false idea
of governing men by terror, instead of reason, they become precedents.
It is over the lowest class of mankind that government by terror is
intended to operate, and it is on them that it operates to the worst
effect. They have sense enough to feel they are the objects aimed at;
and they inflict in their turn the examples of terror they have been
instructed to practise.
There is
in all European countries a large class of people of that description,
which in England is called the "mob." Of this class were those
who committed the burnings and devastations in London in 1780, and of
this class were those who carried the heads on iron spikes in Paris.
Foulon and Berthier were taken up in the country, and sent to Paris,
to undergo their examination at the Hotel de Ville; for the National
Assembly, immediately on the new ministry coming into office, passed
a decree, which they communicated to the King and Cabinet, that they
(the National Assembly) would hold the ministry, of which Foulon was
one, responsible for the measures they were advising and pursuing; but
the mob, incensed at the appearance of Foulon and Berthier, tore them
from their conductors before they were carried to the Hotel de Ville,
and executed them on the spot. Why then does Mr. Burke charge outrages
of this kind on a whole people? As well may he charge the riots and
outrages of 1780 on all the people of London, or those in Ireland on
all his countrymen.
But everything
we see or hear offensive to our feelings and derogatory to the human
character should lead to other reflections than those of reproach. Even
the beings who commit them have some claim to our consideration. How
then is it that such vast classes of mankind as are distinguished by
the appellation of the vulgar, or the ignorant mob, are so numerous
in all old countries? The instant we ask ourselves this question, reflection
feels an answer. They rise, as an unavoidable consequence, out of the
ill construction of all old governments in Europe, England included
with the rest. It is by distortedly exalting some men, that others are
distortedly debased, till the whole is out of nature. A vast mass of
mankind are degradedly thrown into the back-ground of the human picture,
to bring forward, with greater glare, the puppet-show of state and aristocracy.
In the commencement of a revolution, those men are rather the followers
of the camp than of the standard of liberty, and have yet to be instructed
how to reverence it.
I give
to Mr. Burke all his theatrical exaggerations for facts, and I then
ask him if they do not establish the certainty of what I here lay down?
Admitting them to be true, they show the necessity of the French Revolution,
as much as any one thing he could have asserted. These outrages were
not the effect of the principles of the Revolution, but of the degraded
mind that existed before the Revolution, and which the Revolution is
calculated to reform. Place them then to their proper cause, and take
the reproach of them to your own side.
It is the
honour of the National Assembly and the city of Paris that, during such
a tremendous scene of arms and confusion, beyond the control of all
authority, they have been able, by the influence of example and exhortation,
to restrain so much. Never were more pains taken to instruct and enlighten
mankind, and to make them see that their interest consisted in their
virtue, and not in their revenge, than have been displayed in the Revolution
of France. I now proceed to make some remarks on Mr. Burke's account
of the expedition to Versailles, October the 5th and 6th.
I can consider
Mr. Burke's book in scarcely any other light than a dramatic performance;
and he must, I think, have considered it in the same light himself,
by the poetical liberties he has taken of omitting some facts, distorting
others, and making the whole machinery bend to produce a stage effect.
Of this kind is his account of the expedition to Versailles. He begins
this account by omitting the only facts which as causes are known to
be true; everything beyond these is conjecture, even in Paris; and he
then works up a tale accommodated to his own passions and prejudices.
It is to
be observed throughout Mr. Burke's book that he never speaks of plots
against the Revolution; and it is from those plots that all the mischiefs
have arisen. It suits his purpose to exhibit the consequences without
their causes. It is one of the arts of the drama to do so. If the crimes
of men were exhibited with their sufferings, stage effect would sometimes
be lost, and the audience would be inclined to approve where it was
intended they should commiserate.
After all
the investigations that have been made into this intricate affair (the
expedition to Versailles), it still remains enveloped in all that kind
of mystery which ever accompanies events produced more from a concurrence
of awkward circumstances than from fixed design. While the characters
of men are forming, as is always the case in revolutions, there is a
reciprocal suspicion, and a disposition to misinterpret each other;
and even parties directly opposite in principle will sometimes concur
in pushing forward the same movement with very different views, and
with the hopes of its producing very different consequences. A great
deal of this may be discovered in this embarrassed affair, and yet the
issue of the whole was what nobody had in view.
The only
things certainly known are that considerable uneasiness was at this
time excited at Paris by the delay of the King in not sanctioning and
forwarding the decrees of the National Assembly, particularly that of
the Declaration of the Rights of Man, and the decrees of the fourth
of August, which contained the foundation principles on which the constitution
was to be erected. The kindest, and perhaps the fairest conjecture upon
this matter is, that some of the ministers intended to make remarks
and observations upon certain parts of them before they were finally
sanctioned and sent to the provinces; but be this as it may, the enemies
of the Revolution derived hope from the delay, and the friends of the
Revolution uneasiness.
During
this state of suspense, the Garde du Corps, which was composed as such
regiments generally are, of persons much connected with the Court, gave
an entertainment at Versailles (October 1) to some foreign regiments
then arrived; and when the entertainment was at the height, on a signal
given, the Garde du Corps tore the national cockade from their hats,
trampled it under foot, and replaced it with a counter-cockade prepared
for the purpose. An indignity of this kind amounted to defiance. It
was like declaring war; and if men will give challenges they must expect
consequences. But all this Mr. Burke has carefully kept out of sight.
He begins his account by saying: "History will record that on the
morning of the 6th October, 1789, the King and Queen of France, after
a day of confusion, alarm, dismay, and slaughter, lay down under the
pledged security of public faith to indulge nature in a few hours of
respite, and troubled melancholy repose." This is neither the sober
style of history, nor the intention of it. It leaves everything to be
guessed at and mistaken. One would at least think there had been a battle;
and a battle there probably would have been had it not been for the
moderating prudence of those whom Mr. Burke involves in his censures.
By his keeping the Garde du Corps out of sight Mr. Burke has afforded
himself the dramatic licence of putting the King and Queen in their
places, as if the object of the expedition was against them. But to
return to my account-
This conduct
of the Garde du Corps, as might well be expected, alarmed and enraged
the Partisans. The colors of the cause, and the cause itself, were become
too united to mistake the intention of the insult, and the Partisans
were determined to call the Garde du Corps to an account. There was
certainly nothing of the cowardice of assassination in marching in the
face of the day to demand satisfaction, if such a phrase may be used,
of a body of armed men who had voluntarily given defiance. But the circumstance
which serves to throw this affair into embarrassment is, that the enemies
of the Revolution appear to have encouraged it as well as its friends.
The one hoped to prevent a civil war by checking it in time, and the
other to make one. The hopes of those opposed to the Revolution rested
in making the King of their party, and getting him from Versailles to
Metz, where they expected to collect a force and set up a standard.
We have, therefore, two different objects presenting themselves at the
same time, and to be accomplished by the same means: the one to chastise
the Garde du Corps, which was the object of the Partisans; the other
to render the confusion of such a scene an inducement to the King to
set off for Metz.
On the
5th of October a very numerous body of women, and men in the disguise
of women, collected around the Hotel de Ville or town-hall at Paris,
and set off for Versailles. Their professed object was the Garde du
Corps; but prudent men readily recollect that mischief is more easily
begun than ended; and this impressed itself with the more force from
the suspicions already stated, and the irregularity of such a cavalcade.
As soon, therefore, as a sufficient force could be collected, M. de
la Fayette, by orders from the civil authority of Paris, set off after
them at the head of twenty thousand of the Paris militia. The Revolution
could derive no benefit from confusion, and its opposers might. By an
amiable and spirited manner of address he had hitherto been fortunate
in calming disquietudes, and in this he was extraordinarily successful;
to frustrate, therefore, the hopes of those who might seek to improve
this scene into a sort of justifiable necessity for the King's quitting
Versailles and withdrawing to Metz, and to prevent at the same time
the consequences that might ensue between the Garde du Corps and this
phalanx of men and women, he forwarded expresses to the King, that he
was on his march to Versailles, by the orders of the civil authority
of Paris, for the purpose of peace and protection, expressing at the
same time the necessity of restraining the Garde du Corps from firing
upon the people.
He arrived
at Versailles between ten and eleven at night. The Garde du Corps was
drawn up, and the people had arrived some time before, but everything
had remained suspended. Wisdom and policy now consisted in changing
a scene of danger into a happy event. M. de la Fayette became the mediator
between the enraged parties; and the King, to remove the uneasiness
which had arisen from the delay already stated, sent for the President
of the National Assembly, and signed the Declaration of the Rights of
Man, and such other parts of the constitution as were in readiness.
It was
now about one in the morning. Everything appeared to be composed, and
a general congratulation took place. By the beat of a drum a proclamation
was made that the citizens of Versailles would give the hospitality
of their houses to their fellow-citizens of Paris. Those who could not
be accommodated in this manner remained in the streets, or took up their
quarters in the churches; and at two o'clock the King and Queen retired.
In this
state matters passed till the break of day, when a fresh disturbance
arose from the censurable conduct of some of both parties, for such
characters there will be in all such scenes. One of the Garde du Corps
appeared at one of the windows of the palace, and the people who had
remained during the night in the streets accosted him with reviling
and provocative language. Instead of retiring, as in such a case prudence
would have dictated, he presented his musket, fired, and killed one
of the Paris militia. The peace being thus broken, the people rushed
into the palace in quest of the offender. They attacked the quarters
of the Garde du Corps within the palace, and pursued them throughout
the avenues of it, and to the apartments of the King. On this tumult,
not the Queen only, as Mr. Burke has represented it, but every person
in the palace, was awakened and alarmed; and M. de la Fayette had a
second time to interpose between the parties, the event of which was
that the Garde du Corps put on the national cockade, and the matter
ended as by oblivion, after the loss of two or three lives.
During
the latter part of the time in which this confusion was acting, the
King and Queen were in public at the balcony, and neither of them concealed
for safety's sake, as Mr. Burke insinuates. Matters being thus appeased,
and tranquility restored, a general acclamation broke forth of Le Roi
a Paris- Le Roi a Paris- The King to Paris. It was the shout of peace,
and immediately accepted on the part of the King. By this measure all
future projects of trapanning the King to Metz, and setting up the standard
of opposition to the constitution, were prevented, and the suspicions
extinguished. The King and his family reached Paris in the evening,
and were congratulated on their arrival by M. Bailly, the Mayor of Paris,
in the name of the citizens. Mr. Burke, who throughout his book confounds
things, persons, and principles, as in his remarks on M. Bailly's address,
confounded time also. He censures M. Bailly for calling it "un
bon jour," a good day. Mr. Burke should have informed himself that
this scene took up the space of two days, the day on which it began
with every appearance of danger and mischief, and the day on which it
terminated without the mischiefs that threatened; and that it is to
this peaceful termination that M. Bailly alludes, and to the arrival
of the King at Paris. Not less than three hundred thousand persons arranged
themselves in the procession from Versailles to Paris, and not an act
of molestation was committed during the whole march.
Mr. Burke
on the authority of M. Lally Tollendal, a deserter from the National
Assembly, says that on entering Paris, the people shouted "Tous
les eveques a la lanterne." All Bishops to be hanged at the lanthorn
or lamp-posts. It is surprising that nobody could hear this but Lally
Tollendal, and that nobody should believe it but Mr. Burke. It has not
the least connection with any part of the transaction, and is totally
foreign to every circumstance of it. The Bishops had never been introduced
before into any scene of Mr. Burke's drama: why then are they, all at
once, and altogether, tout a coup, et tous ensemble, introduced now?
Mr. Burke brings forward his Bishops and his lanthorn-like figures in
a magic lanthorn, and raises his scenes by contrast instead of connection.
But it serves to show, with the rest of his book what little credit
ought to be given where even probability is set at defiance, for the
purpose of defaming; and with this reflection, instead of a soliloquy
in praise of chivalry, as Mr. Burke has done, I close the account of
the expedition to Versailles.[4]
I have
now to follow Mr. Burke through a pathless wilderness of rhapsodies,
and a sort of descant upon governments, in which he asserts whatever
he pleases, on the presumption of its being believed, without offering
either evidence or reasons for so doing.
Before
anything can be reasoned upon to a conclusion, certain facts, principles,
or data, to reason from, must be established, admitted, or denied. Mr.
Burke with his usual outrage, abused the Declaration of the Rights of
Man, published by the National Assembly of France, as the basis on which
the constitution of France is built. This he calls "paltry and
blurred sheets of paper about the rights of man." Does Mr. Burke
mean to deny that man has any rights? If he does, then he must mean
that there are no such things as rights anywhere, and that he has none
himself; for who is there in the world but man? But if Mr. Burke means
to admit that man has rights, the question then will be: What are those
rights, and how man came by them originally?
The error
of those who reason by precedents drawn from antiquity, respecting the
rights of man, is that they do not go far enough into antiquity. They
do not go the whole way. They stop in some of the intermediate stages
of an hundred or a thousand years, and produce what was then done, as
a rule for the present day. This is no authority at all. If we travel
still farther into antiquity, we shall find a direct contrary opinion
and practice prevailing; and if antiquity is to be authority, a thousand
such authorities may be produced, successively contradicting each other;
but if we proceed on, we shall at last come out right; we shall come
to the time when man came from the hand of his Maker. What was he then?
Man. Man was his high and only title, and a higher cannot be given him.
But of titles I shall speak hereafter.
We are
now got at the origin of man, and at the origin of his rights. As to
the manner in which the world has been governed from that day to this,
it is no farther any concern of ours than to make a proper use of the
errors or the improvements which the history of it presents. Those who
lived an hundred or a thousand years ago, were then moderns, as we are
now. They had their ancients, and those ancients had others, and we
also shall be ancients in our turn. If the mere name of antiquity is
to govern in the affairs of life, the people who are to live an hundred
or a thousand years hence, may as well take us for a precedent, as we
make a precedent of those who lived an hundred or a thousand years ago.
The fact is, that portions of antiquity, by proving everything, establish
nothing. It is authority against authority all the way, till we come
to the divine origin of the rights of man at the creation. Here our
enquiries find a resting-place, and our reason finds a home. If a dispute
about the rights of man had arisen at the distance of an hundred years
from the creation, it is to this source of authority they must have
referred, and it is to this same source of authority that we must now
refer.
Though
I mean not to touch upon any sectarian principle of religion, yet it
may be worth observing, that the genealogy of Christ is traced to Adam.
Why then not trace the rights of man to the creation of man? I will
answer the question. Because there have been upstart governments, thrusting
themselves between, and presumptuously working to un-make man.
If any
generation of men ever possessed the right of dictating the mode by
which the world should be governed for ever, it was the first generation
that existed; and if that generation did it not, no succeeding generation
can show any authority for doing it, nor can set any up. The illuminating
and divine principle of the equal rights of man (for it has its origin
from the Maker of man) relates, not only to the living individuals,
but to generations of men succeeding each other. Every generation is
equal in rights to generations which preceded it, by the same rule that
every individual is born equal in rights with his contemporary.
Every history
of the creation, and every traditionary account, whether from the lettered
or unlettered world, however they may vary in their opinion or belief
of certain particulars, all agree in establishing one point, the unity
of man; by which I mean that men are all of one degree, and consequently
that all men are born equal, and with equal natural right, in the same
manner as if posterity had been continued by creation instead of generation,
the latter being the only mode by which the former is carried forward;
and consequently every child born into the world must be considered
as deriving its existence from God. The world is as new to him as it
was to the first man that existed, and his natural right in it is of
the same kind.
The Mosaic
account of the creation, whether taken as divine authority or merely
historical, is full to this point, the unity or equality of man. The
expression admits of no controversy. "And God said, Let us make
man in our own image. In the image of God created he him; male and female
created he them." The distinction of sexes is pointed out, but
no other distinction is even implied. If this be not divine authority,
it is at least historical authority, and shows that the equality of
man, so far from being a modern doctrine, is the oldest upon record.
It is also
to be observed that all the religions known in the world are founded,
so far as they relate to man, on the unity of man, as being all of one
degree. Whether in heaven or in hell, or in whatever state man may be
supposed to exist hereafter, the good and the bad are the only distinctions.
Nay, even the laws of governments are obliged to slide into this principle,
by making degrees to consist in crimes and not in persons.
It is one
of the greatest of all truths, and of the highest advantage to cultivate.
By considering man in this light, and by instructing him to consider
himself in this light, it places him in a close connection with all
his duties, whether to his Creator or to the creation, of which he is
a part; and it is only when he forgets his origin, or, to use a more
fashionable phrase, his birth and family, that he becomes dissolute.
It is not among the least of the evils of the present existing governments
in all parts of Europe that man, considered as man, is thrown back to
a vast distance from his Maker, and the artificial chasm filled up with
a succession of barriers, or sort of turnpike gates, through which he
has to pass. I will quote Mr. Burke's catalogue of barriers that he
has set up between man and his Maker. Putting himself in the character
of a herald, he says: "We fear God- we look with awe to kings-
with affection to Parliaments with duty to magistrates- with reverence
to priests, and with respect to nobility." Mr. Burke has forgotten
to put in "'chivalry." He has also forgotten to put in Peter.
The duty
of man is not a wilderness of turnpike gates, through which he is to
pass by tickets from one to the other. It is plain and simple, and consists
but of two points. His duty to God, which every man must feel; and with
respect to his neighbor, to do as he would be done by. If those to whom
power is delegated do well, they will be respected: if not, they will
be despised; and with regard to those to whom no power is delegated,
but who assume it, the rational world can know nothing of them.
Hitherto
we have spoken only (and that but in part) of the natural rights of
man. We have now to consider the civil rights of man, and to show how
the one originates from the other. Man did not enter into society to
become worse than he was before, nor to have fewer rights than he had
before, but to have those rights better secured. His natural rights
are the foundation of all his civil rights. But in order to pursue this
distinction with more precision, it will be necessary to mark the different
qualities of natural and civil rights.
A few words
will explain this. Natural rights are those which appertain to man in
right of his existence. Of this kind are all the intellectual rights,
or rights of the mind, and also all those rights of acting as an individual
for his own comfort and happiness, which are not injurious to the natural
rights of others. Civil rights are those which appertain to man in right
of his being a member of society. Every civil right has for its foundation
some natural right pre-existing in the individual, but to the enjoyment
of which his individual power is not, in all cases, sufficiently competent.
Of this kind are all those which relate to security and protection.
From this
short review it will be easy to distinguish between that class of natural
rights which man retains after entering into society and those which
he throws into the common stock as a member of society.
The natural
rights which he retains are all those in which the Power to execute
is as perfect in the individual as the right itself. Among this class,
as is before mentioned, are all the intellectual rights, or rights of
the mind; consequently religion is one of those rights. The natural
rights which are not retained, are all those in which, though the right
is perfect in the individual, the power to execute them is defective.
They answer not his purpose. A man, by natural right, has a right to
judge in his own cause; and so far as the right of the mind is concerned,
he never surrenders it. But what availeth it him to judge, if he has
not power to redress? He therefore deposits this right in the common
stock of society, and takes the ann of society, of which he is a part,
in preference and in addition to his own. Society grants him nothing.
Every man is a proprietor in society, and draws on the capital as a
matter of right.
From these
premisses two or three certain conclusions will follow:
First,
That every civil right grows out of a natural right; or, in other words,
is a natural right exchanged.
Secondly,
That civil power properly considered as such is made up of the aggregate
of that class of the natural rights of man, which becomes defective
in the individual in point of power, and answers not his purpose, but
when collected to a focus becomes competent to the Purpose of every
one.
Thirdly,
That the power produced from the aggregate of natural rights, imperfect
in power in the individual, cannot be applied to invade the natural
rights which are retained in the individual, and in which the power
to execute is as perfect as the right itself.
We have
now, in a few words, traced man from a natural individual to a member
of society, and shown, or endeavoured to show, the quality of the natural
rights retained, and of those which are exchanged for civil rights.
Let us now apply these principles to governments.
In casting
our eyes over the world, it is extremely easy to distinguish the governments
which have arisen out of society, or out of the social compact, from
those which have not; but to place this in a clearer light than what
a single glance may afford, it will be proper to take a review of the
several sources from which governments have arisen and on which they
have been founded.
They may
be all comprehended under three heads.
First,
Superstition.
Secondly,
Power.
Thirdly,
The common interest of society and the common rights of man.
The first
was a government of priestcraft, the second of conquerors, and the third
of reason.
When a
set of artful men pretended, through the medium of oracles, to hold
intercourse with the Deity, as familiarly as they now march up the back-stairs
in European courts, the world was completely under the government of
superstition. The oracles were consulted, and whatever they were made
to say became the law; and this sort of government lasted as long as
this sort of superstition lasted.
After these
a race of conquerors arose, whose government, like that of William the
Conqueror, was founded in power, and the sword assumed the name of a
sceptre. Governments thus established last as long as the power to support
them lasts; but that they might avail themselves of every engine in
their favor, they united fraud to force, and set up an idol which they
called Divine Right, and which, in imitation of the Pope, who affects
to be spiritual and temporal, and in contradiction to the Founder of
the Christian religion, twisted itself afterwards into an idol of another
shape, called Church and State. The key of St. Peter and the key of
the Treasury became quartered on one another, and the wondering cheated
multitude worshipped the invention.
When I
contemplate the natural dignity of man, when I feel (for Nature has
not been kind enough to me to blunt my feelings) for the honour and
happiness of its character, I become irritated at the attempt to govern
mankind by force and fraud, as if they were all knaves and fools, and
can scarcely avoid disgust at those who are thus imposed upon.
We have
now to review the governments which arise out of society, in contradistinction
to those which arose out of superstition and conquest.
It has
been thought a considerable advance towards establishing the principles
of Freedom to say that Government is a compact between those who govern
and those who are governed; but this cannot be true, because it is putting
the effect before the cause; for as man must have existed before governments
existed, there necessarily was a time when governments did not exist,
and consequently there could originally exist no governors to form such
a compact with.
The fact
therefore must be that the individuals themselves, each in his own personal
and sovereign right, entered into a compact with each other to produce
a government: and this is the only mode in which governments have a
right to arise, and the only principle on which they have a right to
exist.
To possess
ourselves of a clear idea of what government is, or ought to be, we
must trace it to its origin. In doing this we shall easily discover
that governments must have arisen either out of the people or over the
people. Mr. Burke has made no distinction. He investigates nothing to
its source, and therefore he confounds everything; but he has signified
his intention of undertaking, at some future opportunity, a comparison
between the constitution of England and France. As he thus renders it
a subject of controversy by throwing the gauntlet, I take him upon his
own ground. It is in high challenges that high truths have the right
of appearing; and I accept it with the more readiness because it affords
me, at the same time, an opportunity of pursuing the subject with respect
to governments arising out of society.
But it
will be first necessary to define what is meant by a Constitution. It
is not sufficient that we adopt the word; we must fix also a standard
signification to it.
A constitution
is not a thing in name only, but in fact. It has not an ideal, but a
real existence; and wherever it cannot be produced in a visible form,
there is none. A constitution is a thing antecedent to a government,
and a government is only the creature of a constitution. The constitution
of a country is not the act of its government, but of the people constituting
its government. It is the body of elements, to which you can refer,
and quote article by article; and which contains the principles on which
the government shall be established, the manner in which it shall be
organised, the powers it shall have, the mode of elections, the duration
of Parliaments, or by what other name such bodies may be called; the
powers which the executive part of the government shall have; and in
fine, everything that relates to the complete organisation of a civil
government, and the principles on which it shall act, and by which it
shall be bound. A constitution, therefore, is to a government what the
laws made afterwards by that government are to a court of judicature.
The court of judicature does not make the laws, neither can it alter
them; it only acts in conformity to the laws made: and the government
is in like manner governed by the constitution.
Can, then,
Mr. Burke produce the English Constitution? If he cannot, we may fairly
conclude that though it has been so much talked about, no such thing
as a constitution exists, or ever did exist, and consequently that the
people have yet a constitution to form.
Mr. Burke
will not, I presume, deny the position I have already advanced- namely,
that governments arise either out of the people or over the people.
The English Government is one of those which arose out of a conquest,
and not out of society, and consequently it arose over the people; and
though it has been much modified from the opportunity of circumstances
since the time of William the Conqueror, the country has never yet regenerated
itself, and is therefore without a constitution.
I readily
perceive the reason why Mr. Burke declined going into the comparison
between the English and French constitutions, because he could not but
perceive, when he sat down to the task, that no such a thing as a constitution
existed on his side the question. His book is certainly bulky enough
to have contained all he could say on this subject, and it would have
been the best manner in which people could have judged of their separate
merits. Why then has he declined the only thing that was worth while
to write upon? It was the strongest ground he could take, if the advantages
were on his side, but the weakest if they were not; and his declining
to take it is either a sign that he could not possess it or could not
maintain it.
Mr. Burke
said, in a speech last winter in Parliament, "that when the National
Assembly first met in three Orders (the Tiers Etat, the Clergy, and
the Noblesse), France had then a good constitution." This shows,
among numerous other instances, that Mr. Burke does not understand what
a constitution is. The persons so met were not a constitution, but a
convention, to make a constitution.
The present
National Assembly of France is, strictly speaking, the personal social
compact. The members of it are the delegates of the nation in its original
character; future assemblies will be the delegates of the nation in
its organised character. The authority of the present Assembly is different
from what the authority of future Assemblies will be. The authority
of the present one is to form a constitution; the authority of future
assemblies will be to legislate according to the principles and forms
prescribed in that constitution; and if experience should hereafter
show that alterations, amendments, or additions are necessary, the constitution
will point out the mode by which such things shall be done, and not
leave it to the discretionary power of the future government.
A government
on the principles on which constitutional governments arising out of
society are established, cannot have the right of altering itself. If
it had, it would be arbitrary. It might make itself what it pleased;
and wherever such a right is set up, it shows there is no constitution.
The act by which the English Parliament empowered itself to sit seven
years, shows there is no constitution in England. It might, by the same
self-authority, have sat any great number of years, or for life. The
bill which the present Mr. Pitt brought into Parliament some years ago,
to reform Parliament, was on the same erroneous principle. The right
of reform is in the nation in its original character, and the constitutional
method would be by a general convention elected for the purpose. There
is, moreover, a paradox in the idea of vitiated bodies reforming themselves.
From these
preliminaries I proceed to draw some comparisons. I have already spoken
of the declaration of rights; and as I mean to be as concise as possible,
I shall proceed to other parts of the French Constitution.
The constitution
of France says that every man who pays a tax of sixty sous per annum
(2s. 6d. English) is an elector. What article will Mr. Burke place against
this? Can anything be more limited, and at the same time more capricious,
than the qualification of electors is in England? Limited- because not
one man in an hundred (I speak much within compass) is admitted to vote.
Capricious- because the lowest character that can be supposed to exist,
and who has not so much as the visible means of an honest livelihood,
is an elector in some places: while in other places, the man who pays
very large taxes, and has a known fair character, and the farmer who
rents to the amount of three or four hundred pounds a year, with a property
on that farm to three or four times that amount, is not admitted to
be an elector. Everything is out of nature, as Mr. Burke says on another
occasion, in this strange chaos, and all sorts of follies are blended
with all sorts of crimes. William the Conqueror and his descendants
parcelled out the country in this manner, and bribed some parts of it
by what they call charters to hold the other parts of it the better
subjected to their will. This is the reason why so many of those charters
abound in Cornwall; the people were averse to the Government established
at the Conquest, and the towns were garrisoned and bribed to enslave
the country. All the old charters are the badges of this conquest, and
it is from this source that the capriciousness of election arises.
The French
Constitution says that the number of representatives for any place shall
be in a ratio to the number of taxable inhabitants or electors. What
article will Mr. Burke place against this? The county of York, which
contains nearly a million of souls, sends two county members; and so
does the county of Rutland, which contains not an hundredth part of
that number. The old town of Sarum, which contains not three houses,
sends two members; and the town of Manchester, which contains upward
of sixty thousand souls, is not admitted to send any. Is there any principle
in these things? It is admitted that all this is altered, but there
is much to be done yet, before we have a fair representation of the
people. Is there anything by which you can trace the marks of freedom,
or discover those of wisdom? No wonder then Mr. Burke has declined the
comparison, and endeavored to lead his readers from the point by a wild,
unsystematical display of paradoxical rhapsodies.
The French
Constitution says that the National Assembly shall be elected every
two years. What article will Mr. Burke place against this? Why, that
the nation has no right at all in the case; that the government is perfectly
arbitrary with respect to this point; and he can quote for his authority
the precedent of a former Parliament.
The French
Constitution says there shall be no game laws, that the farmer on whose
lands wild game shall be found (for it is by the produce of his lands
they are fed) shall have a right to what he can take; that there shall
be no monopolies of any kind- that all trades shall be free and every
man free to follow any occupation by which he can procure an honest
livelihood, and in any place, town, or city throughout the nation. What
will Mr. Burke say to this? In England, game is made the property of
those at whose expense it is not fed; and with respect to monopolies,
the country is cut up into monopolies. Every chartered town is an aristocratical
monopoly in itself, and the qualification of electors proceeds out of
those chartered monopolies. Is this freedom? Is this what Mr. Burke
means by a constitution?
In these
chartered monopolies, a man coming from another part of the country
is hunted from them as if he were a foreign enemy. An Englishman is
not free of his own country; every one of those places presents a barrier
in his way, and tells him he is not a freeman- that he has no rights.
Within these monopolies are other monopolies. In a city, such for instance
as Bath, which contains between twenty and thirty thousand inhabitants,
the right of electing representatives to Parliament is monopolised by
about thirty-one persons. And within these monopolies are still others.
A man even of the same town, whose parents were not in circumstances
to give him an occupation, is debarred, in many cases, from the natural
right of acquiring one, be his genius or industry what it may.
Are these
things examples to hold out to a country regenerating itself from slavery,
like France? Certainly they are not, and certain am I, that when the
people of England come to reflect upon them they will, like France,
annihilate those badges of ancient oppression, those traces of a conquered
nation. Had Mr. Burke possessed talents similar to the author of "On
the Wealth of Nations." he would have comprehended all the parts
which enter into, and, by assemblage, form a constitution. He would
have reasoned from minutiae to magnitude. It is not from his prejudices
only, but from the disorderly cast of his genius, that he is unfitted
for the subject he writes upon. Even his genius is without a constitution.
It is a genius at random, and not a genius constituted. But he must
say something. He has therefore mounted in the air like a balloon, to
draw the eyes of the multitude from the ground they stand upon.
Much is
to be learned from the French Constitution. Conquest and tyranny transplanted
themselves with William the Conqueror from Normandy into England, and
the country is yet disfigured with the marks. May, then, the example
of all France contribute to regenerate the freedom which a province
of it destroyed!
The French
Constitution says that to preserve the national representation from
being corrupt, no member of the National Assembly shall be an officer
of the government, a placeman or a pensioner. What will Mr. Burke place
against this? I will whisper his answer: Loaves and Fishes. Ah! this
government of loaves and fishes has more mischief in it than people
have yet reflected on. The National Assembly has made the discovery,
and it holds out the example to the world. Had governments agreed to
quarrel on purpose to fleece their countries by taxes, they could not
have succeeded better than they have done.
Everything
in the English government appears to me the reverse of what it ought
to be, and of what it is said to be. The Parliament, imperfectly and
capriciously elected as it is, is nevertheless supposed to hold the
national purse in trust for the nation; but in the manner in which an
English Parliament is constructed it is like a man being both mortgagor
and mortgagee, and in the case of misapplication of trust it is the
criminal sitting in judgment upon himself. If those who vote the supplies
are the same persons who receive the supplies when voted, and are to
account for the expenditure of those supplies to those who voted them,
it is themselves accountable to themselves, and the Comedy of Errors
concludes with the pantomime of Hush. Neither the Ministerial party
nor the Opposition will touch upon this case. The national purse is
the common hack which each mounts upon. It is like what the country
people call "Ride and tie- you ride a little way, and then I."
They order these things better in France.
The French
Constitution says that the right of war and peace is in the nation.
Where else should it reside but in those who are to pay the expense?
In England
this right is said to reside in a metaphor shown at the Tower for sixpence
or a shilling a piece: so are the lions; and it would be a step nearer
to reason to say it resided in them, for any inanimate metaphor is no
more than a hat or a cap. We can all see the absurdity of worshipping
Aaron's molten calf, or Nebuchadnezzar's golden image; but why do men
continue to practise themselves the absurdities they despise in others?
It may
with reason be said that in the manner the English nation is represented
it signifies not where the right resides, whether in the Crown or in
the Parliament. War is the common harvest of all those who participate
in the division and expenditure of public money, in all countries. It
is the art of conquering at home; the object of it is an increase of
revenue; and as revenue cannot be increased without taxes, a pretence
must be made for expenditure. In reviewing the history of the English
Government, its wars and its taxes, a bystander, not blinded by prejudice
nor warped by interest, would declare that taxes were not raised to
carry on wars, but that wars were raised to carry on taxes.
Mr. Burke,
as a member of the House of Commons, is a part of the English Government;
and though he professes himself an enemy to war, he abuses the French
Constitution, which seeks to explode it. He holds up the English Government
as a model, in all its parts, to France; but he should first know the
remarks which the French make upon it. They contend in favor of their
own, that the portion of liberty enjoyed in England is just enough to
enslave a country more productively than by despotism, and that as the
real object of all despotism is revenue, a government so formed obtains
more than it could do either by direct despotism, or in a full state
of freedom, and is, therefore on the ground of interest, opposed to
both. They account also for the readiness which always appears in such
governments for engaging in wars by remarking on the different motives
which produced them. In despotic governments wars are the effect of
pride; but in those governments in which they become the means of taxation,
they acquire thereby a more permanent promptitude.
The French
Constitution, therefore, to provide against both these evils, has taken
away the power of declaring war from kings and ministers, and placed
the right where the expense must fall.
When the
question of the right of war and peace was agitating in the National
Assembly, the people of England appeared to be much interested in the
event, and highly to applaud the decision. As a principle it applies
as much to one country as another. William the Conqueror, as a conqueror,
held this power of war and peace in himself, and his descendants have
ever since claimed it under him as a right.
Although
Mr. Burke has asserted the right of the Parliament at the Revolution
to bind and control the nation and posterity for ever, he denies at
the same time that the Parliament or the nation had any right to alter
what he calls the succession of the crown in anything but in part, or
by a sort of modification. By his taking this ground he throws the case
back to the Norman Conquest, and by thus running a line of succession
springing from William the Conqueror to the present day, he makes it
necessary to enquire who and what William the Conqueror was, and where
he came from, and into the origin, history and nature of what are called
prerogatives. Everything must have had a beginning, and the fog of time
and antiquity should be penetrated to discover it. Let, then, Mr. Burke
bring forward his William of Normandy, for it is to this origin that
his argument goes. It also unfortunately happens, in running this line
of succession, that another line parallel thereto presents itself, which
is that if the succession runs in the line of the conquest, the nation
runs in the line of being conquered, and it ought to rescue itself from
this reproach.
But it
will perhaps be said that though the power of declaring war descends
in the heritage of the conquest, it is held in check by the right of
Parliament to withhold the supplies. It will always happen when a thing
is originally wrong that amendments do not make it right, and it often
happens that they do as much mischief one way as good the other, and
such is the case here, for if the one rashly declares war as a matter
of right, and the other peremptorily withholds the supplies as a matter
of right, the remedy becomes as bad, or worse, than the disease. The
one forces the nation to a combat, and the other ties its hands; but
the more probable issue is that the contest will end in a collusion
between the parties, and be made a screen to both.
On this
question of war, three things are to be considered. First, the right
of declaring it: secondly, the right of declaring it: secondly, the
expense of supporting it: thirdly, the mode of conducting it after it
is declared. The French Constitution places the right where the expense
must fall, and this union can only be in the nation. The mode of conducting
it after it is declared, it consigns to the executive department. Were
this the case in all countries, we should hear but little more of wars.
Before
I proceed to consider other parts of the French Constitution, and by
way of relieving the fatigue of argument, I will introduce an anecdote
which I had from Dr. Franklin.
While the
Doctor resided in France as Minister from America, during the war, he
had numerous proposals made to him by projectors of every country and
of every kind, who wished to go to the land that floweth with milk and
honey, America; and among the rest, there was one who offered himself
to be king. He introduced his proposal to the Doctor by letter, which
is now in the hands of M. Beaumarchais, of Paris- stating, first, that
as the Americans had dismissed or sent away their King, that they would
want another. Secondly, that himself was a Norman. Thirdly, that he
was of a more ancient family than the Dukes of Normandy, and of a more
honorable descent, his line having never been bastardised. Fourthly,
that there was already a precedent in England of kings coming out of
Normandy, and on these grounds he rested his offer, enjoining that the
Doctor would forward it to America. But as the Doctor neither did this,
nor yet sent him an answer, the projector wrote a second letter, in
which he did not, it is true, threaten to go over and conquer America,
but only with great dignity proposed that if his offer was not accepted,
an acknowledgment of about L30,000 might be made to him for his generosity!
Now, as all arguments respecting succession must necessarily connect
that succession with some beginning, Mr. Burke's arguments on this subject
go to show that there is no English origin of kings, and that they are
descendants of the Norman line in right of the Conquest. It may, therefore,
be of service to his doctrine to make this story known, and to inform
him, that in case of that natural extinction to which all mortality
is subject, Kings may again be had from Normandy, on more reasonable
terms than William the Conqueror; and consequently, that the good people
of England, at the revolution of 1688, might have done much better,
had such a generous Norman as this known their wants, and they had known
his. The chivalric character which Mr. Burke so much admires, is certainly
much easier to make a bargain with than a hard dealing Dutchman. But
to return to the matters of the constitution-
The French
Constitution says, There shall be no titles; and, of consequence, all
that class of equivocal generation which in some countries is called
"aristocracy" and in others "nobility," is done
away, and the peer is exalted into the MAN.
Titles
are but nicknames, and every nickname is a title. The thing is perfectly
harmless in itself, but it marks a sort of foppery in the human character,
which degrades it. It reduces man into the diminutive of man in things
which are great, and the counterfeit of women in things which are little.
It talks about its fine blue ribbon like a girl, and shows its new garter
like a child. A certain writer, of some antiquity, says: "When
I was a child, I thought as a child; but when I became a man, I put
away childish things."
It is,
properly, from the elevated mind of France that the folly of titles
has fallen. It has outgrown the baby clothes of Count and Duke, and
breeched itself in manhood. France has not levelled, it has exalted.
It has put down the dwarf, to set up the man. The punyism of a senseless
word like Duke, Count or Earl has ceased to please. Even those who possessed
them have disowned the gibberish, and as they outgrew the rickets, have
despised the rattle. The genuine mind of man, thirsting for its native
home, society, contemns the gewgaws that separate him from it. Titles
are like circles drawn by the magician's wand, to contract the sphere
of man's felicity. He lives immured within the Bastille of a word, and
surveys at a distance the envied life of man.
Is it,
then, any wonder that titles should fall in France? Is it not a greater
wonder that they should be kept up anywhere? What are they? What is
their worth, and "what is their amount?" When we think or
speak of a Judge or a General, we associate with it the ideas of office
and character; we think of gravity in one and bravery in the other;
but when we use the word merely as a title, no ideas associate with
it. Through all the vocabulary of Adam there is not such an animal as
a Duke or a Count; neither can we connect any certain ideas with the
words. Whether they mean strength or weakness, wisdom or folly, a child
or a man, or the rider or the horse, is all equivocal. What respect
then can be paid to that which describes nothing, and which means nothing?
Imagination has given figure and character to centaurs, satyrs, and
down to all the fairy tribe; but titles baffle even the powers of fancy,
and are a chimerical nondescript.
But this
is not all. If a whole country is disposed to hold them in contempt,
all their value is gone, and none will own them. It is common opinion
only that makes them anything, or nothing, or worse than nothing. There
is no occasion to take titles away, for they take themselves away when
society concurs to ridicule them. This species of imaginary consequence
has visibly declined in every part of Europe, and it hastens to its
exit as the world of reason continues to rise. There was a time when
the lowest class of what are called nobility was more thought of than
the highest is now, and when a man in armour riding throughout Christendom
in quest of adventures was more stared at than a modern Duke. The world
has seen this folly fall, and it has fallen by being laughed at, and
the farce of titles will follow its fate. The patriots of France have
discovered in good time that rank and dignity in society must take a
new ground. The old one has fallen through. It must now take the substantial
ground of character, instead of the chimerical ground of titles; and
they have brought their titles to the altar, and made of them a burnt-offering
to Reason.
If no mischief
had annexed itself to the folly of titles they would not have been worth
a serious and formal destruction, such as the National Assembly have
decreed them; and this makes it necessary to enquire farther into the
nature and character of aristocracy.
That, then,
which is called aristocracy in some countries and nobility in others
arose out of the governments founded upon conquest. It was originally
a military order for the purpose of supporting military government (for
such were all governments founded in conquest); and to keep up a succession
of this order for the purpose for which it was established, all the
younger branches of those families were disinherited and the law of
primogenitureship set up.
The nature
and character of aristocracy shows itself to us in this law. It is the
law against every other law of nature, and Nature herself calls for
its destruction. Establish family justice, and aristocracy falls. By
the aristocratical law of primogenitureship, in a family of six children
five are exposed. Aristocracy has never more than one child. The rest
are begotten to be devoured. They are thrown to the cannibal for prey,
and the natural parent prepares the unnatural repast.
As everything
which is out of nature in man affects, more or less, the interest of
society, so does this. All the children which the aristocracy disowns
(which are all except the eldest) are, in general, cast like orphans
on a parish, to be provided for by the public, but at a greater charge.
Unnecessary offices and places in governments and courts are created
at the expense of the public to maintain them.
With what
kind of parental reflections can the father or mother contemplate their
younger offspring? By nature they are children, and by marriage they
are heirs; but by aristocracy they are bastards and orphans. They are
the flesh and blood of their parents in the one line, and nothing akin
to them in the other. To restore, therefore, parents to their children,
and children to their parents- relations to each other, and man to society-
and to exterminate the monster aristocracy, root and branch- the French
Constitution has destroyed the law of Primogenitureship. Here then lies
the monster; and Mr. Burke, if he pleases, may write its epitaph.
Hitherto
we have considered aristocracy chiefly in one point of view. We have
now to consider it in another. But whether we view it before or behind,
or sideways, or any way else, domestically or publicly, it is still
a monster.
In France
aristocracy had one feature less in its countenance than what it has
in some other countries. It did not compose a body of hereditary legislators.
It was not "'a corporation of aristocracy, for such I have heard
M. de la Fayette describe an English House of Peers. Let us then examine
the grounds upon which the French Constitution has resolved against
having such a House in France.
Because,
in the first place, as is already mentioned, aristocracy is kept up
by family tyranny and injustice.
Secondly.
Because there is an unnatural unfitness in an aristocracy to be legislators
for a nation. Their ideas of distributive justice are corrupted at the
very source. They begin life by trampling on all their younger brothers
and sisters, and relations of every kind, and are taught and educated
so to do. With what ideas of justice or honour can that man enter a
house of legislation, who absorbs in his own person the inheritance
of a whole family of children or doles out to them some pitiful portion
with the insolence of a gift?
Thirdly.
Because the idea of hereditary legislators is as inconsistent as that
of hereditary judges, or hereditary juries; and as absurd as an hereditary
mathematician, or an hereditary wise man; and as ridiculous as an hereditary
poet laureate.
Fourthly.
Because a body of men, holding themselves accountable to nobody, ought
not to be trusted by anybody.
Fifthly.
Because it is continuing the uncivilised principle of governments founded
in conquest, and the base idea of man having property in man, and governing
him by personal right.
Sixthly.
Because aristocracy has a tendency to deteriorate the human species.
By the universal economy of nature it is known, and by the instance
of the Jews it is proved, that the human species has a tendency to degenerate,
in any small number of persons, when separated from the general stock
of society, and inter-marrying constantly with each other. It defeats
even its pretended end, and becomes in time the opposite of what is
noble in man. Mr. Burke talks of nobility; let him show what it is.
The greatest characters the world have known have arisen on the democratic
floor. Aristocracy has not been able to keep a proportionate pace with
democracy. The artificial Noble shrinks into a dwarf before the Noble
of Nature; and in the few instances of those (for there are some in
all countries) in whom nature, as by a miracle, has survived in aristocracy,
Those Men Despise It.- But it is time to proceed to a new subject.
The French
Constitution has reformed the condition of the clergy. It has raised
the income of the lower and middle classes, and taken from the higher.
None are now less than twelve hundred livres (fifty pounds sterling),
nor any higher than two or three thousand pounds. What will Mr. Burke
place against this? Hear what he says.
He says:
"That the people of England can see without pain or grudging, an
archbishop precede a duke; they can see a Bishop of Durham, or a Bishop
of Winchester in possession of L10,000 a-year; and cannot see why it
is in worse hands than estates to a like amount, in the hands of this
earl or that squire." And Mr. Burke offers this as an example to
France.
As to the
first part, whether the archbishop precedes the duke, or the duke the
bishop, it is, I believe, to the people in general, somewhat like Sternhold
and Hopkins, or Hopkins and Sternhold; you may put which you please
first; and as I confess that I do not understand the merits of this
case, I will not contest it with Mr. Burke.
But with
respect to the latter, I have something to say. Mr. Burke has not put
the case right. The comparison is out of order, by being put between
the bishop and the earl or the squire. It ought to be put between the
bishop and the curate, and then it will stand thus:- "The people
of England can see without pain or grudging, a Bishop of Durham, or
a Bishop of Winchester, in possession of ten thousand pounds a-year,
and a curate on thirty or forty pounds a-year, or less." No, sir,
they certainly do not see those things without great pain or grudging.
It is a case that applies itself to every man's sense of justice, and
is one among many that calls aloud for a constitution.
In France
the cry of "the church! the church!" was repeated as often
as in Mr. Burke's book, and as loudly as when the Dissenters' Bill was
before the English Parliament; but the generality of the French clergy
were not to be deceived by this cry any longer. They knew that whatever
the pretence might be, it was they who were one of the principal objects
of it. It was the cry of the high beneficed clergy, to prevent any regulation
of income taking place between those of ten thousand pounds a-year and
the parish priest. They therefore joined their case to those of every
other oppressed class of men, and by this union obtained redress.
The French
Constitution has abolished tythes, that source of perpetual discontent
between the tythe-holder and the parishioner. When land is held on tythe,
it is in the condition of an estate held between two parties; the one
receiving one-tenth, and the other nine-tenths of the produce: and consequently,
on principles of equity, if the estate can be improved, and made to
produce by that improvement double or treble what it did before, or
in any other ratio, the expense of such improvement ought to be borne
in like proportion between the parties who are to share the produce.
But this is not the case in tythes: the farmer bears the whole expense,
and the tythe-holder takes a tenth of the improvement, in addition to
the original tenth, and by this means gets the value of two-tenths instead
of one. This is another case that calls for a constitution.
The French
Constitution hath abolished or renounced Toleration and Intolerance
also, and hath established Universal Right Of Conscience.
Toleration
is not the opposite of Intolerance, but is the counterfeit of it. Both
are despotisms. The one assumes to itself the right of withholding Liberty
of Conscience, and the other of granting it. The one is the Pope armed
with fire and faggot, and the other is the Pope selling or granting
indulgences. The former is church and state, and the latter is church
and traffic.
But Toleration
may be viewed in a much stronger light. Man worships not himself, but
his Maker; and the liberty of conscience which he claims is not for
the service of himself, but of his God. In this case, therefore, we
must necessarily have the associated idea of two things; the mortal
who renders the worship, and the Immortal Being who is worshipped. Toleration,
therefore, places itself, not between man and man, nor between church
and church, nor between one denomination of religion and another, but
between God and man; between the being who worships, and the Being who
is worshipped; and by the same act of assumed authority which it tolerates
man to pay his worship, it presumptuously and blasphemously sets itself
up to tolerate the Almighty to receive it.
Were a
bill brought into any Parliament, entitled, "An Act to tolerate
or grant liberty to the Almighty to receive the worship of a Jew or
Turk," or "to prohibit the Almighty from receiving it,"
all men would startle and call it blasphemy. There would be an uproar.
The presumption of toleration in religious matters would then present
itself unmasked; but the presumption is not the less because the name
of "Man" only appears to those laws, for the associated idea
of the worshipper and the worshipped cannot be separated. Who then art
thou, vain dust and ashes! by whatever name thou art called, whether
a King, a Bishop, a Church, or a State, a Parliament, or anything else,
that obtrudest thine insignificance between the soul of man and its
Maker? Mind thine own concerns. If he believes not as thou believest,
it is a proof that thou believest not as he believes, and there is no
earthly power can determine between you.
With respect
to what are called denominations of religion, if every one is left to
judge of its own religion, there is no such thing as a religion that
is wrong; but if they are to judge of each other's religion, there is
no such thing as a religion that is right; and therefore all the world
is right, or all the world is wrong. But with respect to religion itself,
without regard to names, and as directing itself from the universal
family of mankind to the Divine object of all adoration, it is man bringing
to his Maker the fruits of his heart; and though those fruits may differ
from each other like the fruits of the earth, the grateful tribute of
every one is accepted.
A Bishop
of Durham, or a Bishop of Winchester, or the archbishop who heads the
dukes, will not refuse a tythe-sheaf of wheat because it is not a cock
of hay, nor a cock of hay because it is not a sheaf of wheat; nor a
pig, because it is neither one nor the other; but these same persons,
under the figure of an established church, will not permit their Maker
to receive the varied tythes of man's devotion.
One of
the continual choruses of Mr. Burke's book is "Church and State."
He does not mean some one particular church, or some one particular
state, but any church and state; and he uses the term as a general figure
to hold forth the political doctrine of always uniting the church with
the state in every country, and he censures the National Assembly for
not having done this in France. Let us bestow a few thoughts on this
subject.
All religions
are in their nature kind and benign, and united with principles of morality.
They could not have made proselytes at first by professing anything
that was vicious, cruel, persecuting, or immoral. Like everything else,
they had their beginning; and they proceeded by persuasion, exhortation,
and example. How then is it that they lose their native mildness, and
become morose and intolerant?
It proceeds
from the connection which Mr. Burke recommends. By engendering the church
with the state, a sort of mule-animal, capable only of destroying, and
not of breeding up, is produced, called the Church established by Law.
It is a stranger, even from its birth, to any parent mother, on whom
it is begotten, and whom in time it kicks out and destroys.
The inquisition
in Spain does not proceed from the religion originally professed, but
from this mule-animal, engendered between the church and the state.
The burnings in Smithfield proceeded from the same heterogeneous production;
and it was the regeneration of this strange animal in England afterwards,
that renewed rancour and irreligion among the inhabitants, and that
drove the people called Quakers and Dissenters to America. Persecution
is not an original feature in any religion; but it is alway the strongly-marked
feature of all law-religions, or religions established by law. Take
away the law-establishment, and every religion re-assumes its original
benignity. In America, a catholic priest is a good citizen, a good character,
and a good neighbour; an episcopalian minister is of the same description:
and this proceeds independently of the men, from there being no law-establishment
in America.
If also
we view this matter in a temporal sense, we shall see the ill effects
it has had on the prosperity of nations. The union of church and state
has impoverished Spain. The revoking the edict of Nantes drove the silk
manufacture from that country into England; and church and state are
now driving the cotton manufacture from England to America and France.
Let then Mr. Burke continue to preach his antipolitical doctrine of
Church and State. It will do some good. The National Assembly will not
follow his advice, but will benefit by his folly. It was by observing
the ill effects of it in England, that America has been warned against
it; and it is by experiencing them in France, that the National Assembly
have abolished it, and, like America, have established Universal
Right of Conscience, and Universal Right of Citizenship.
I will
here cease the comparison with respect to the principles of the French
Constitution, and conclude this part of the subject with a few observations
on the organisation of the formal parts of the French and English governments.
The executive
power in each country is in the hands of a person styled the King; but
the French Constitution distinguishes between the King and the Sovereign:
It considers the station of King as official, and places Sovereignty
in the nation.
The representatives
of the nation, who compose the National Assembly, and who are the legislative
power, originate in and from the people by election, as an inherent
right in the people.- In England it is otherwise; and this arises from
the original establishment of what is called its monarchy; for, as by
the conquest all the rights of the people or the nation were absorbed
into the hands of the Conqueror, and who added the title of King to
that of Conqueror, those same matters which in France are now held as
rights in the people, or in the nation, are held in England as grants
from what is called the crown. The Parliament in England, in both its
branches, was erected by patents from the descendants of the Conqueror.
The House of Commons did not originate as a matter of right in the people
to delegate or elect, but as a grant or boon.
By the
French Constitution the nation is always named before the king. The
third article of the declaration of rights says: "The nation is
essentially the source (or fountain) of all sovereignty." Mr. Burke
argues that in England a king is the fountain- that he is the fountain
of all honour. But as this idea is evidently descended from the conquest
I shall make no other remark upon it, than that it is the nature of
conquest to turn everything upside down; and as Mr. Burke will not be
refused the privilege of speaking twice, and as there are but two parts
in the figure, the fountain and the spout, he will be right the second
time.
The French
Constitution puts the legislative before the executive, the law before
the king; la loi, le roi. This also is in the natural order of things,
because laws must have existence before they can have execution.
A king
in France does not, in addressing himself to the National Assembly,
say, "My Assembly," similar to the phrase used in England
of my "Parliament"; neither can he use it consistently with
the constitution, nor could it be admitted. There may be propriety in
the use of it in England, because as is before mentioned, both Houses
of Parliament originated from what is called the crown by patent or
boon- and not from the inherent rights of the people, as the National
Assembly does in France, and whose name designates its origin.
The President
of the National Assembly does not ask the King to grant to the Assembly
liberty of speech, as is the case with the English House of Commons.
The constitutional dignity of the National Assembly cannot debase itself.
Speech is, in the first place, one of the natural rights of man always
retained; and with respect to the National Assembly the use of it is
their duty, and the nation is their authority. They were elected by
the greatest body of men exercising the right of election the European
world ever saw. They sprung not from the filth of rotten boroughs, nor
are they the vassal representatives of aristocratical ones. Feeling
the proper dignity of their character they support it. Their Parliamentary
language, whether for or against a question, is free, bold and manly,
and extends to all the parts and circumstances of the case. If any matter
or subject respecting the executive department or the person who presides
in it (the king) comes before them it is debated on with the spirit
of men, and in the language of gentlemen; and their answer or their
address is returned in the same style. They stand not aloof with the
gaping vacuity of vulgar ignorance, nor bend with the cringe of sycophantic
insignificance. The graceful pride of truth knows no extremes, and preserves,
in every latitude of life, the right-angled character of man.
Let us
now look to the other side of the question. In the addresses of the
English Parliaments to their kings we see neither the intrepid spirit
of the old Parliaments of France, nor the serene dignity of the present
National Assembly; neither do we see in them anything of the style of
English manners, which border somewhat on bluntness. Since then they
are neither of foreign extraction, nor naturally of English production,
their origin must be sought for elsewhere, and that origin is the Norman
Conquest. They are evidently of the vassalage class of manners, and
emphatically mark the prostrate distance that exists in no other condition
of men than between the conqueror and the conquered. That this vassalage
idea and style of speaking was not got rid of even at the Revolution
of 1688, is evident from the declaration of Parliament to William and
Mary in these words: "We do most humbly and faithfully submit ourselves,
our heirs and posterities, for ever." Submission is wholly a vassalage
term, repugnant to the dignity of freedom, and an echo of the language
used at the Conquest.
As the
estimation of all things is given by comparison, the Revolution of 1688,
however from circumstances it may have been exalted beyond its value,
will find its level. It is already on the wane, eclipsed by the enlarging
orb of reason, and the luminous revolutions of America and France. In
less than another century it will go, as well as Mr. Burke's labours,
"to the family vault of all the Capulets." Mankind will then
scarcely believe that a country calling itself free would send to Holland
for a man, and clothe him with power on purpose to put themselves in
fear of him, and give him almost a million sterling a year for leave
to submit themselves and their posterity, like bondmen and bondwomen,
for ever.
But there
is a truth that ought to be made known; I have had the opportunity of
seeing it; which is, that notwithstanding appearances, there is not
any description of men that despise monarchy so much as courtiers. But
they well know, that if it were seen by others, as it is seen by them,
the juggle could not be kept up; they are in the condition of men who
get their living by a show, and to whom the folly of that show is so
familiar that they ridicule it; but were the audience to be made as
wise in this respect as themselves, there would be an end to the show
and the profits with it. The difference between a republican and a courtier
with respect to monarchy, is that the one opposes monarchy, believing
it to be something; and the other laughs at it, knowing it to be nothing.
As I used
sometimes to correspond with Mr. Burke believing him then to be a man
of sounder principles than his book shows him to be, I wrote to him
last winter from Paris, and gave him an account how prosperously matters
were going on. Among other subjects in that letter, I referred to the
happy situation the National Assembly were placed in; that they had
taken ground on which their moral duty and their political interest
were united. They have not to hold out a language which they do not
themselves believe, for the fraudulent purpose of making others believe
it. Their station requires no artifice to support it, and can only be
maintained by enlightening mankind. It is not their interest to cherish
ignorance, but to dispel it. They are not in the case of a ministerial
or an opposition party in England, who, though they are opposed, are
still united to keep up the common mystery. The National Assembly must
throw open a magazine of light. It must show man the proper character
of man; and the nearer it can bring him to that standard, the stronger
the National Assembly becomes.
In contemplating
the French Constitution, we see in it a rational order of things. The
principles harmonise with the forms, and both with their origin. It
may perhaps be said as an excuse for bad forms, that they are nothing
more than forms; but this is a mistake. Forms grow out of principles,
and operate to continue the principles they grow from. It is impossible
to practise a bad form on anything but a bad principle. It cannot be
ingrafted on a good one; and wherever the forms in any government are
bad, it is a certain indication that the principles are bad also.
I will
here finally close this subject. I began it by remarking that Mr. Burke
had voluntarily declined going into a comparison of the English and
French Constitutions. He apologises (in page 241) for not doing it,
by saying that he had not time. Mr. Burke's book was upwards of eight
months in hand, and is extended to a volume of three hundred and sixty-six
pages. As his omission does injury to his cause, his apology makes it
worse; and men on the English side of the water will begin to consider,
whether there is not some radical defect in what is called the English
constitution, that made it necessary for Mr. Burke to suppress the comparison,
to avoid bringing it into view.
As Mr.
Burke has not written on constitutions so neither has he written on
the French Revolution. He gives no account of its commencement or its
progress. He only expresses his wonder. "It looks," says he,
"to me, as if I were in a great crisis, not of the affairs of France
alone, but of all Europe, perhaps of more than Europe. All circumstances
taken together, the French Revolution is the most astonishing that has
hitherto happened in the world."
As wise
men are astonished at foolish things, and other people at wise ones,
I know not on which ground to account for Mr. Burke's astonishment;
but certain it is, that he does not understand the French Revolution.
It has apparently burst forth like a creation from a chaos, but it is
no more than the consequence of a mental revolution priorily existing
in France. The mind of the nation had changed beforehand, and the new
order of things has naturally followed the new order of thoughts. I
will here, as concisely as I can, trace out the growth of the French
Revolution, and mark the circumstances that have contributed to produce
it.
The despotism
of Louis XIV., united with the gaiety of his Court, and the gaudy ostentation
of his character, had so humbled, and at the same time so fascinated
the mind of France, that the people appeared to have lost all sense
of their own dignity, in contemplating that of their Grand Monarch;
and the whole reign of Louis XV., remarkable only for weakness and effeminacy,
made no other alteration than that of spreading a sort of lethargy over
the nation, from which it showed no disposition to rise.
The only
signs which appeared to the spirit of Liberty during those periods,
are to be found in the writings of the French philosophers. Montesquieu,
President of the Parliament of Bordeaux, went as far as a writer under
a despotic government could well proceed; and being obliged to divide
himself between principle and prudence, his mind often appears under
a veil, and we ought to give him credit for more than he has expressed.
Voltaire,
who was both the flatterer and the satirist of despotism, took another
line. His forte lay in exposing and ridiculing the superstitions which
priest-craft, united with state-craft, had interwoven with governments.
It was not from the purity of his principles, or his love of mankind
(for satire and philanthropy are not naturally concordant), but from
his strong capacity of seeing folly in its true shape, and his irresistible
propensity to expose it, that he made those attacks. They were, however,
as formidable as if the motive had been virtuous; and he merits the
thanks rather than the esteem of mankind.
On the
contrary, we find in the writings of Rousseau, and the Abbe Raynal,
a loveliness of sentiment in favour of liberty, that excites respect,
and elevates the human faculties; but having raised this animation,
they do not direct its operation, and leave the mind in love with an
object, without describing the means of possessing it.
The writings
of Quesnay, Turgot, and the friends of those authors, are of the serious
kind; but they laboured under the same disadvantage with Montesquieu;
their writings abound with moral maxims of government, but are rather
directed to economise and reform the administration of the government,
than the government itself.
But all
those writings and many others had their weight; and by the different
manner in which they treated the subject of government, Montesquieu
by his judgment and knowledge of laws, Voltaire by his wit, Rousseau
and Raynal by their animation, and Quesnay and Turgot by their moral
maxims and systems of economy, readers of every class met with something
to their taste, and a spirit of political inquiry began to diffuse itself
through the nation at the time the dispute between England and the then
colonies of America broke out.
In the
war which France afterwards engaged in, it is very well known that the
nation appeared to be before-hand with the French ministry. Each of
them had its view; but those views were directed to different objects;
the one sought liberty, and the other retaliation on England. The French
officers and soldiers who after this went to America, were eventually
placed in the school of Freedom, and learned the practice as well as
the principles of it by heart.
As it was
impossible to separate the military events which took place in America
from the principles of the American Revolution, the publication of those
events in France necessarily connected themselves with the principles
which produced them. Many of the facts were in themselves principles;
such as the declaration of American Independence, and the treaty of
alliance between France and America, which recognised the natural rights
of man, and justified resistance to oppression.
The then
Minister of France, Count Vergennes, was not the friend of America;
and it is both justice and gratitude to say, that it was the Queen of
France who gave the cause of America a fashion at the French Court.
Count Vergennes was the personal and social friend of Dr. Franklin;
and the Doctor had obtained, by his sensible gracefulness, a sort of
influence over him; but with respect to principles Count Vergennes was
a despot.
The situation
of Dr. Franklin, as Minister from America to France, should be taken
into the chain of circumstances. The diplomatic character is of itself
the narrowest sphere of society that man can act in. It forbids intercourse
by the reciprocity of suspicion; and a diplomatic is a sort of unconnected
atom, continually repelling and repelled. But this was not the case
with Dr. Franklin. He was not the diplomatic of a Court, but of MAN.
His character as a philosopher had been long established, and his circle
of society in France was universal.
Count Vergennes
resisted for a considerable time the publication in France of American
constitutions, translated into the French language: but even in this
he was obliged to give way to public opinion, and a sort of propriety
in admitting to appear what he had undertaken to defend. The American
constitutions were to liberty what a grammar is to language: they define
its parts of speech, and practically construct them into syntax.
The peculiar
situation of the then Marquis de la Fayette is another link in the great
chain. He served in America as an American officer under a commission
of Congress, and by the universality of his acquaintance was in close
friendship with the civil government of America, as well as with the
military line. He spoke the language of the country, entered into the
discussions on the principles of government, and was always a welcome
friend at any election.
When the
war closed, a vast reinforcement to the cause of Liberty spread itself
over France, by the return of the French officers and soldiers. A knowledge
of the practice was then joined to the theory; and all that was wanting
to give it real existence was opportunity. Man cannot, properly speaking,
make circumstances for his purpose, but he always has it in his power
to improve them when they occur, and this was the case in France.
M. Neckar
was displaced in May, 1781; and by the ill-management of the finances
afterwards, and particularly during the extravagant administration of
M. Calonne, the revenue of France, which was nearly twenty-four millions
sterling per year, was become unequal to the expenditure, not because
the revenue had decreased, but because the expenses had increased; and
this was a circumstance which the nation laid hold of to bring forward
a Revolution. The English Minister, Mr. Pitt, has frequently alluded
to the state of the French finances in his budgets, without understanding
the subject. Had the French Parliaments been as ready to register edicts
for new taxes as an English Parliament is to grant them, there had been
no derangement in the finances, nor yet any Revolution; but this will
better explain itself as I proceed.
It will
be necessary here to show how taxes were formerly raised in France.
The King, or rather the Court or Ministry acting under the use of that
name, framed the edicts for taxes at their own discretion, and sent
them to the Parliaments to be registered; for until they were registered
by the Parliaments they were not operative. Disputes had long existed
between. the Court and the Parliaments with respect to the extent of
the Parliament's authority on this head. The Court insisted that the
authority of Parliaments went no farther than to remonstrate or show
reasons against the tax, reserving to itself the right of determining
whether the reasons were well or ill-founded; and in consequence thereof,
either to withdraw the edict as a matter of choice, or to order it to
be unregistered as a matter of authority. The Parliaments on their part
insisted that they had not only a right to remonstrate, but to reject;
and on this ground they were always supported by the nation.
But to
return to the order of my narrative. M. Calonne wanted money: and as
he knew the sturdy disposition of the Parliaments with respect to new
taxes, he ingeniously sought either to approach them by a more gentle
means than that of direct authority, or to get over their heads by a
manoeuvre; and for this purpose he revived the project of assembling
a body of men from the several provinces, under the style of an "Assembly
of the Notables," or men of note, who met in 1787, and who were
either to recommend taxes to the Parliaments, or to act as a Parliament
themselves. An Assembly under this name had been called in 1617.
As we are
to view this as the first practical step towards the Revolution, it
will be proper to enter into some particulars respecting it. The Assembly
of the Notables has in some places been mistaken for the States-General,
but was wholly a different body, the States-General being always by
election. The persons who composed the Assembly of the Notables were
all nominated by the king, and consisted of one hundred and forty members.
But as M. Calonne could not depend upon a majority of this Assembly
in his favour, he very ingeniously arranged them in such a manner as
to make forty-four a majority of one hundred and forty; to effect this
he disposed of them into seven separate committees, of twenty members
each. Every general question was to be decided, not by a majority of
persons, but by a majority of committee, and as eleven votes would make
a majority in a committee, and four committees a majority of seven,
M. Calonne had good reason to conclude that as forty-four would determine
any general question he could not be outvoted. But all his plans deceived
him, and in the event became his overthrow.
The then
Marquis de la Fayette was placed in the second committee, of which the
Count D'Artois was president, and as money matters were the object,
it naturally brought into view every circumstance connected with it.
M. de la Fayette made a verbal charge against Calonne for selling crown
lands to the amount of two millions of livres, in a manner that appeared
to be unknown to the king. The Count D'Artois (as if to intimidate,
for the Bastille was then in being) asked the Marquis if he would render
the charge in writing? He replied that he would. The Count D'Artois
did not demand it, but brought a message from the king to that purport.
M. de la Fayette then delivered in his charge in writing, to be given
to the king, undertaking to support it. No farther proceedings were
had upon this affair, but M. Calonne was soon after dismissed by the
king and set off to England.
As M. de
la Fayette, from the experience of what he had seen in America, was
better acquainted with the science of civil government than the generality
of the members who composed the Assembly of the Notables could then
be, the brunt of the business fell considerably to his share. The plan
of those who had a constitution in view was to contend with the Court
on the ground of taxes, and some of them openly professed their object.
Disputes frequently arose between Count D'Artois and M. de la Fayette
upon various subjects. With respect to the arrears already incurred
the latter proposed to remedy them by accommodating the expenses to
the revenue instead of the revenue to the expenses; and as objects of
reform he proposed to abolish the Bastille and all the State prisons
throughout the nation (the keeping of which was attended with great
expense), and to suppress Lettres de Cachet; but those matters were
not then much attended to, and with respect to Lettres de Cachet, a
majority of the Nobles appeared to be in favour of them.
On the
subject of supplying the Treasury by new taxes the Assembly declined
taking the matter on themselves, concurring in the opinion that they
had not authority. In a debate on this subject M. de la Fayette said
that raising money by taxes could only be done by a National Assembly,
freely elected by the people, and acting as their representatives. Do
you mean, said the Count D'Artois, the States-General? M. de la Fayette
replied that he did. Will you, said the Count D'Artois, sign what you
say to be given to the king? The other replied that he would not only
do this but that he would go farther, and say that the effectual mode
would be for the king to agree to the establishment of a constitution.
As one
of the plans had thus failed, that of getting the Assembly to act as
a Parliament, the other came into view, that of recommending. On this
subject the Assembly agreed to recommend two new taxes to be unregistered
by the Parliament: the one a stamp-tax and the other a territorial tax,
or sort of land-tax. The two have been estimated at about five millions
sterling per annum. We have now to turn our attention to the Parliaments,
on whom the business was again devolving.
The Archbishop
of Thoulouse (since Archbishop of Sens, and now a Cardinal), was appointed
to the administration of the finances soon after the dismission of Calonne.
He was also made Prime Minister, an office that did not always exist
in France. When this office did not exist, the chief of each of the
principal departments transacted business immediately with the King,
but when a Prime Minister was appointed they did business only with
him. The Archbishop arrived to more state authority than any minister
since the Duke de Choiseul, and the nation was strongly disposed in
his favour; but by a line of conduct scarcely to be accounted for he
perverted every opportunity, turned out a despot, and sunk into disgrace,
and a Cardinal.
The Assembly
of the Notables having broken up, the minister sent the edicts for the
two new taxes recommended by the Assembly to the Parliaments to be unregistered.
They of course came first before the Parliament of Paris, who returned
for answer: "that with such a revenue as the nation then supported
the name of taxes ought not to be mentioned but for the purpose of reducing
them"; and threw both the edicts out.[8] On this refusal the Parliament
was ordered to Versailles, where, in the usual form, the King held what
under the old government was called a Bed of justice; and the two edicts
were unregistered in presence of the Parliament by an order of State,
in the manner mentioned, earlier. On this the Parliament immediately
returned to Paris, renewed their session in form, and ordered the enregistering
to be struck out, declaring that everything done at Versailles was illegal.
All the members of the Parliament were then served with Lettres de Cachet,
and exiled to Troyes; but as they continued as inflexible in exile as
before, and as vengeance did not supply the place of taxes, they were
after a short time recalled to Paris.
The edicts
were again tendered to them, and the Count D'Artois undertook to act
as representative of the King. For this purpose he came from Versailles
to Paris, in a train of procession; and the Parliament were assembled
to receive him. But show and parade had lost their influence in France;
and whatever ideas of importance he might set off with, he had to return
with those of mortification and disappointment. On alighting from his
carriage to ascend the steps of the Parliament House, the crowd (which
was numerously collected) threw out trite expressions, saying: "This
is Monsieur D'Artois, who wants more of our money to spend." The
marked disapprobation which he saw impressed him with apprehensions,
and the word Aux armes! (To arms!) was given out by the officer of the
guard who attended him. It was so loudly vociferated, that it echoed
through the avenues of the house, and produced a temporary confusion.
I was then standing in one of the apartments through which he had to
pass, and could not avoid reflecting how wretched was the condition
of a disrespected man.
He endeavoured
to impress the Parliament by great words, and opened his authority by
saying, "The King, our Lord and Master." The Parliament received
him very coolly, and with their usual determination not to register
the taxes: and in this manner the interview ended.
After this
a new subject took place: In the various debates and contests which
arose between the Court and the Parliaments on the subject of taxes,
the Parliament of Paris at last declared that although it had been customary
for Parliaments to enregister edicts for taxes as a matter of convenience,
the right belonged only to the States-General; and that, therefore,
the Parliament could no longer with propriety continue to debate on
what it had not authority to act. The King after this came to Paris
and held a meeting with the Parliament, in which he continued from ten
in the morning till about six in the evening, and, in a manner that
appeared to proceed from him as if unconsulted upon with the Cabinet
or Ministry, gave his word to the Parliament that the States-General
should be convened.
But after
this another scene arose, on a ground different from all the former.
The Minister and the Cabinet were averse to calling the States-General.
They well knew that if the States-General were assembled, themselves
must fall; and as the King had not mentioned any time, they hit on a
project calculated to elude, without appearing to oppose.
For this
purpose, the Court set about making a sort of constitution itself. It
was principally the work of M. Lamoignon, the Keeper of the Seals, who
afterwards shot himself. This new arrangement consisted in establishing
a body under the name of a Cour Pleniere, or Full Court, in which were
invested all the powers that the Government might have occasion to make
use of. The persons composing this Court were to be nominated by the
King; the contended right of taxation was given up on the part of the
King, and a new criminal code of laws and law proceedings was substituted
in the room of the former. The thing, in many points, contained better
principles than those upon which the Government had hitherto been administered;
but with respect to the Cour Pleniere, it was no other than a medium
through which despotism was to pass, without appearing to act directly
from itself.
The Cabinet
had high expectations from their new contrivance. The people who were
to compose the Cour Pleniere were already nominated; and as it was necessary
to carry a fair appearance, many of the best characters in the nation
were appointed among the number. It was to commence on May 8, 1788;
but an opposition arose to it on two grounds- the one as to principle,
the other as to form.
On the
ground of Principle it was contended that Government had not a right
to alter itself, and that if the practice was once admitted it would
grow into a principle and be made a precedent for any future alterations
the Government might wish to establish: that the right of altering the
Government was a national right, and not a right of Government. And
on the ground of form it was contended that the Cour Pleniere was nothing
more than a larger Cabinet.
The then
Duke de la Rochefoucault, Luxembourg, De Noailles, and many others,
refused to accept the nomination, and strenuously opposed the whole
plan. When the edict for establishing this new court was sent to the
Parliaments to be unregistered and put into execution, they resisted
also. The Parliament of Paris not only refused, but denied the authority;
and the contest renewed itself between the Parliament and the Cabinet
more strongly than ever. While the Parliament were sitting in debate
on this subject, the Ministry ordered a regiment of soldiers to surround
the House and form a blockade. The members sent out for beds and provisions,
and lived as in a besieged citadel: and as this had no effect, the commanding
officer was ordered to enter the Parliament House and seize them, which
he did, and some of the principal members were shut up in different
prisons. About the same time a deputation of persons arrived from the
province of Brittany to remonstrate against the establishment of the
Cour Pleniere, and those the archbishop sent to the Bastille. But the
spirit of the nation was not to be overcome, and it was so fully sensible
of the strong ground it had taken- that of withholding taxes- that it
contented itself with keeping up a sort of quiet resistance, which effectually
overthrew all the plans at that time formed against it. The project
of the Cour Pleniere was at last obliged to be given up, and the Prime
Minister not long afterwards followed its fate, and M. Neckar was recalled
into office.
The attempt
to establish the Cour Pleniere had an effect upon the nation which itself
did not perceive. It was a sort of new form of government that insensibly
served to put the old one out of sight and to unhinge it from the superstitious
authority of antiquity. It was Government dethroning Government; and
the old one, by attempting to make a new one, made a chasm.
The failure
of this scheme renewed the subject of convening the State-General; and
this gave rise to a new series of politics. There was no settled form
for convening the States-General: all that it positively meant was a
deputation from what was then called the Clergy, the Noblesse, and the
Commons; but their numbers or their proportions had not been always
the same. They had been convened only on extraordinary occasions, the
last of which was in 1614; their numbers were then in equal proportions,
and they voted by orders.
It could
not well escape the sagacity of M. Neckar, that the mode of 1614 would
answer neither the purpose of the then government nor of the nation.
As matters were at that time circumstanced it would have been too contentious
to agree upon anything. The debates would have been endless upon privileges
and exemptions, in which neither the wants of the Government nor the
wishes of the nation for a Constitution would have been attended to.
But as he did not choose to take the decision upon himself, he summoned
again the Assembly of the Notables and referred it to them. This body
was in general interested in the decision, being chiefly of aristocracy
and high-paid clergy, and they decided in favor of the mode of 1614.
This decision was against the sense of the Nation, and also against
the wishes of the Court; for the aristocracy opposed itself to both
and contended for privileges independent of either. The subject was
then taken up by the Parliament, who recommended that the number of
the Commons should be equal to the other two: and they should all sit
in one house and vote in one body. The number finally determined on
was 1,200; 600 to be chosen by the Commons (and this was less than their
proportion ought to have been when their worth and consequence is considered
on a national scale), 300 by the Clergy, and 300 by the Aristocracy;
but with respect to the mode of assembling themselves, whether together
or apart, or the manner in which they should vote, those matters were
referred.[9]
The election
that followed was not a contested election, but an animated one. The
candidates were not men, but principles. Societies were formed in Paris,
and committees of correspondence and communication established throughout
the nation, for the purpose of enlightening the people, and explaining
to them the principles of civil government; and so orderly was the election
conducted, that it did not give rise even to the rumour of tumult.
The States-General
were to meet at Versailles in April 1789, but did not assemble till
May. They situated themselves in three separate chambers, or rather
the Clergy and Aristocracy withdrew each into a separate chamber. The
majority of the Aristocracy claimed what they called the privilege of
voting as a separate body, and of giving their consent or their negative
in that manner; and many of the bishops and the high-beneficed clergy
claimed the same privilege on the part of their Order.
The Tiers
Etat (as they were then called) disowned any knowledge of artificial
orders and artificial privileges; and they were not only resolute on
this point, but somewhat disdainful. They began to consider the Aristocracy
as a kind of fungus growing out of the corruption of society, that could
not be admitted even as a branch of it; and from the disposition the
Aristocracy had shown by upholding Lettres de Cachet, and in sundry
other instances, it was manifest that no constitution could be formed
by admitting men in any other character than as National Men.
After various
altercations on this head, the Tiers Etat or Commons (as they were then
called) declared themselves (on a motion made for that purpose by the
Abbe Sieyes) "THE REPRESENTATIVE OF THE NATION; and that the two
Orders could be considered but as deputies of corporations, and could
only have a deliberate voice when they assembled in a national character
with the national representatives." This proceeding extinguished
the style of Etats Generaux, or States-General, and erected it into
the style it now bears, that of L'Assemblee Nationale, or National Assembly.
This motion
was not made in a precipitate manner. It was the result of cool deliberation,
and concerned between the national representatives and the patriotic
members of the two chambers, who saw into the folly, mischief, and injustice
of artificial privileged distinctions. It was become evident, that no
constitution, worthy of being called by that name, could be established
on anything less than a national ground. The Aristocracy had hitherto
opposed the despotism of the Court, and affected the language of patriotism;
but it opposed it as its rival (as the English Barons opposed King John)
and it now opposed the nation from the same motives.
On carrying
this motion, the national representatives, as had been concerted, sent
an invitation to the two chambers, to unite with them in a national
character, and proceed to business. A majority of the clergy, chiefly
of the parish priests, withdrew from the clerical chamber, and joined
the nation; and forty-five from the other chamber joined in like manner.
There is a sort of secret history belonging to this last circumstance,
which is necessary to its explanation; it was not judged prudent that
all the patriotic members of the chamber styling itself the Nobles,
should quit it at once; and in consequence of this arrangement, they
drew off by degrees, always leaving some, as well to reason the case,
as to watch the suspected. In a little time the numbers increased from
forty-five to eighty, and soon after to a greater number; which, with
the majority of the clergy, and the whole of the national representatives,
put the malcontents in a very diminutive condition.
The King,
who, very different from the general class called by that name, is a
man of a good heart, showed himself disposed to recommend a union of
the three chambers, on the ground the National Assembly had taken; but
the malcontents exerted themselves to prevent it, and began now to have
another project in view. Their numbers consisted of a majority of the
aristocratical chamber, and the minority of the clerical chamber, chiefly
of bishops and high-beneficed clergy; and these men were determined
to put everything to issue, as well by strength as by stratagem. They
had no objection to a constitution; but it must be such a one as themselves
should dictate, and suited to their own views and particular situations.
On the other hand, the Nation disowned knowing anything of them but
as citizens, and was determined to shut out all such up-start pretensions.
The more aristocracy appeared, the more it was despised; there was a
visible imbecility and want of intellects in the majority, a sort of
je ne sais quoi, that while it affected to be more than citizen, was
less than man. It lost ground from contempt more than from hatred; and
was rather jeered at as an ass, than dreaded as a lion. This is the
general character of aristocracy, or what are called Nobles or Nobility,
or rather No-ability, in all countries.
The plan
of the malcontents consisted now of two things; either to deliberate
and vote by chambers (or orders), more especially on all questions respecting
a Constitution (by which the aristocratical chamber would have had a
negative on any article of the Constitution); or, in case they could
not accomplish this object, to overthrow the National Assembly entirely.
To effect
one or other of these objects they began to cultivate a friendship with
the despotism they had hitherto attempted to rival, and the Count D'Artois
became their chief. The king (who has since declared himself deceived
into their measures) held, according to the old form, a Bed of Justice,
in which he accorded to the deliberation and vote par tete (by head)
upon several subjects; but reserved the deliberation and vote upon all
questions respecting a constitution to the three chambers separately.
This declaration of the king was made against the advice of M. Neckar,
who now began to perceive that he was growing out of fashion at Court,
and that another minister was in contemplation.
As the
form of sitting in separate chambers was yet apparently kept up, though
essentially destroyed, the national representatives immediately after
this declaration of the King resorted to their own chambers to consult
on a protest against it; and the minority of the chamber (calling itself
the Nobles), who had joined the national cause, retired to a private
house to consult in like manner. The malcontents had by this time concerted
their measures with the court, which the Count D'Artois undertook to
conduct; and as they saw from the discontent which the declaration excited,
and the opposition making against it, that they could not obtain a control
over the intended constitution by a separate vote, they prepared themselves
for their final object- that of conspiring against the National Assembly,
and overthrowing it.
The next
morning the door of the chamber of the National Assembly was shut against
them, and guarded by troops; and the members were refused admittance.
On this they withdrew to a tennis-ground in the neighbourhood of Versailles,
as the most convenient place they could find, and, after renewing their
session, took an oath never to separate from each other, under any circumstance
whatever, death excepted, until they had established a constitution.
As the experiment of shutting up the house had no other effect than
that of producing a closer connection in the members, it was opened
again the next day, and the public business recommenced in the usual
place.
We are
now to have in view the forming of the new ministry, which was to accomplish
the overthrow of the National Assembly. But as force would be necessary,
orders were issued to assemble thirty thousand troops, the command of
which was given to Broglio, one of the intended new ministry, who was
recalled from the country for this purpose. But as some management was
necessary to keep this plan concealed till the moment it should be ready
for execution, it is to this policy that a declaration made by Count
D'Artois must be attributed, and which is here proper to be introduced.
It could
not but occur while the malcontents continued to resort to their chambers
separate from the National Assembly, more jealousy would be excited
than if they were mixed with it, and that the plot might be suspected.
But as they had taken their ground, and now wanted a pretence for quitting
it, it was necessary that one should be devised. This was effectually
accomplished by a declaration made by the Count D'Artois: "That
if they took not a Part in the National Assembly, the life of the king
would be endangered": on which they quitted their chambers, and
mixed with the Assembly, in one body.
At the
time this declaration was made, it was generally treated as a piece
of absurdity in Count D'Artois calculated merely to relieve the outstanding
members of the two chambers from the diminutive situation they were
put in; and if nothing more had followed, this conclusion would have
been good. But as things best explain themselves by their events, this
apparent union was only a cover to the machinations which were secretly
going on; and the declaration accommodated itself to answer that purpose.
In a little time the National Assembly found itself surrounded by troops,
and thousands more were daily arriving. On this a very strong declaration
was made by the National Assembly to the King, remonstrating on the
impropriety of the measure, and demanding the reason. The King, who
was not in the secret of this business, as himself afterwards declared,
gave substantially for answer, that he had no other object in view than
to preserve the public tranquility, which appeared to be much disturbed.
But in
a few days from this time the plot unravelled itself M. Neckar and the
ministry were displaced, and a new one formed of the enemies of the
Revolution; and Broglio, with between twenty-five and thirty thousand
foreign troops, was arrived to support them. The mask was now thrown
off, and matters were come to a crisis. The event was that in a space
of three days the new ministry and their abettors found it prudent to
fly the nation; the Bastille was taken, and Broglio and his foreign
troops dispersed, as is already related in the former part of this work.
There are
some curious circumstances in the history of this short-lived ministry,
and this short-lived attempt at a counter-revolution. The Palace of
Versailles, where the Court was sitting, was not more than four hundred
yards distant from the hall where the National Assembly was sitting.
The two places were at this moment like the separate headquarters of
two combatant armies; yet the Court was as perfectly ignorant of the
information which had arrived from Paris to the National Assembly, as
if it had resided at an hundred miles distance. The then Marquis de
la Fayette, who (as has been already mentioned) was chosen to preside
in the National Assembly on this particular occasion, named by order
of the Assembly three successive deputations to the king, on the day
and up to the evening on which the Bastille was taken, to inform and
confer with him on the state of affairs; but the ministry, who knew
not so much as that it was attacked, precluded all communication, and
were solacing themselves how dextrously they had succeeded; but in a
few hours the accounts arrived so thick and fast that they had to start
from their desks and run. Some set off in one disguise, and some in
another, and none in their own character. Their anxiety now was to outride
the news, lest they should be stopt, which, though it flew fast, flew
not so fast as themselves.
It is worth
remarking that the National Assembly neither pursued those fugitive
conspirators, nor took any notice of them, nor sought to retaliate in
any shape whatever. Occupied with establishing a constitution founded
on the Rights of Man and the Authority of the People, the only authority
on which Government has a right to exist in any country, the National
Assembly felt none of those mean passions which mark the character of
impertinent governments, founding themselves on their own authority,
or on the absurdity of hereditary succession. It is the faculty of the
human mind to become what it contemplates, and to act in unison with
its object.
The conspiracy
being thus dispersed, one of the first works of the National Assembly,
instead of vindictive proclamations, as has been the case with other
governments, was to publish a declaration of the Rights of Man, as the
basis on which the new constitution was to be built, and which is here
subjoined:
Declaration
Of The Rights Of Man And Of Citizens By The National Assembly
Of France
The representatives of the people of France, formed into a National
Assembly, considering that ignorance, neglect, or contempt of human
rights, are the sole causes of public misfortunes and corruptions of
Government, have resolved to set forth in a solemn declaration, these
natural, imprescriptible, and inalienable rights: that this declaration
being constantly present to the minds of the members of the body social,
they may be forever kept attentive to their rights and their duties;
that the acts of the legislative and executive powers of Government,
being capable of being every moment compared with the end of political
institutions, may be more respected; and also, that the future claims
of the citizens, being directed by simple and incontestable principles,
may always tend to the maintenance of the Constitution, and the general
happiness.
For these reasons the National Assembly doth recognize and declare,
in the presence of the Supreme Being, and with the hope of his blessing
and favour, the following sacred rights of men and of citizens:
ONE: MEN
ARE BORN, AND ALWAYS CONTINUE, FREE AND EQUAL IN RESPECT OF THEIR RIGHTS.
CIVIL DISTINCTIONS, THEREFORE, CAN BE FOUNDED ONLY ON PUBLIC UTILITY.
TWO: THE
END OF ALL POLITICAL ASSOCIATIONS IS THE PRESERVATION OF THE NATURAL
AND IMPRESCRIPTIBLE RIGHTS OF MAN; AND THESE RIGHTS ARE LIBERTY, PROPERTY,
SECURITY, AND RESISTANCE OF OPPRESSION.
THREE:
THE NATION IS ESSENTIALLY THE SOURCE OF ALL SOVEREIGNTY; NOR CAN ANY
INDIVIDUAL, OR ANY BODY OF MEN, BE ENTITLED TO ANY AUTHORITY WHICH IS
NOT EXPRESSLY DERIVED FROM IT.
FOUR: POLITICAL
LIBERTY CONSISTS IN THE POWER OF DOING WHATEVER DOES NOT INJURE ANOTHER.
THE EXERCISE OF THE NATURAL RIGHTS OF EVERY MAN, HAS NO OTHER LIMITS
THAN THOSE WHICH ARE NECESSARY TO SECURE TO EVERY OTHER MAN THE FREE
EXERCISE OF THE SAME RIGHTS; AND THESE LIMITS ARE DETERMINABLE ONLY
BY THE LAW
FIVE: THE
LAW OUGHT TO PROHIBIT ONLY ACTIONS HURTFUL TO SOCIETY. WHAT IS NOT PROHIBITED
BY THE LAW SHOULD NOT BE HINDERED; NOR SHOULD ANYONE BE COMPELLED TO
THAT WHICH THE LAW DOES NOT REQUIRE
SIX: THE
LAW IS AN EXPRESSION OF THE WILL OF THE COMMUNITY. ALL CITIZENS HAVE
A RIGHT TO CONCUR, EITHER PERSONALLY OR BY THEIR REPRESENTATIVES, IN
ITS FORMATION. IT SHOULD BE THE SAME TO ALL, WHETHER IT PROTECTS OR
PUNISHES; AND ALL BEING EQUAL IN ITS SIGHT, ARE EQUALLY ELIGIBLE TO
ALL HONOURS, PLACES, AND EMPLOYMENTS, ACCORDING TO THEIR DIFFERENT ABILITIES,
WITHOUT ANY OTHER DISTINCTION THAN THAT CREATED BY THEIR VIRTUES AND
TALENTS
SEVEN:
NO MAN SHOULD BE ACCUSED, ARRESTED, OR HELD IN CONFINEMENT, EXCEPT IN
CASES DETERMINED BY THE LAW, AND ACCORDING TO THE FORMS WHICH IT HAS
PRESCRIBED. ALL WHO PROMOTE, SOLICIT, EXECUTE, OR CAUSE TO BE EXECUTED,
ARBITRARY ORDERS, OUGHT TO BE PUNISHED, AND EVERY CITIZEN CALLED UPON,
OR APPREHENDED BY VIRTUE OF THE LAW, OUGHT IMMEDIATELY TO OBEY, AND
RENDERS HIMSELF CULPABLE BY RESISTANCE.
EIGHT:
THE LAW OUGHT TO IMPOSE NO OTHER PENALTIES BUT SUCH AS ARE ABSOLUTELY
AND EVIDENTLY NECESSARY; AND NO ONE OUGHT TO BE PUNISHED, BUT IN VIRTUE
OF A LAW PROMULGATED BEFORE THE OFFENCE, AND LEGALLY APPLIED.
NINE: EVERY
MAN BEING PRESUMED INNOCENT TILL HE HAS BEEN CONVICTED, WHENEVER HIS
DETENTION BECOMES INDISPENSABLE, ALL RIGOUR TO HIM, MORE THAN IS NECESSARY
TO SECURE HIS PERSON, OUGHT TO BE PROVIDED AGAINST BY THE LAW.
TEN: NO
MAN OUGHT TO BE MOLESTED ON ACCOUNT OF HIS OPINIONS, NOT EVEN ON ACCOUNT
OF HIS RELIGIOUS OPINIONS, PROVIDED HIS AVOWAL OF THEM DOES NOT DISTURB
THE PUBLIC ORDER ESTABLISHED BY THE LAW.
ELEVEN:
THE UNRESTRAINED COMMUNICATION OF THOUGHTS AND OPINIONS BEING ONE OF
THE MOST PRECIOUS RIGHTS OF MAN, EVERY CITIZEN MAY SPEAK, WRITE, AND
PUBLISH FREELY, PROVIDED HE IS RESPONSIBLE FOR THE ABUSE OF THIS LIBERTY,
IN CASES DETERMINED BY THE LAW.
TWELVE:
A PUBLIC FORCE BEING NECESSARY TO GIVE SECURITY TO THE RIGHTS OF MEN
AND OF CITIZENS, THAT FORCE IS INSTITUTED FOR THE BENEFIT OF THE COMMUNITY
AND NOT FOR THE PARTICULAR BENEFIT OF THE PERSONS TO WHOM IT IS INTRUSTED.
THIRTEEN:
A COMMON CONTRIBUTION BEING NECESSARY FOR THE SUPPORT OF THE PUBLIC
FORCE, AND FOR DEFRAYING THE OTHER EXPENSES OF GOVERNMENT, IT OUGHT
TO BE DIVIDED EQUALLY AMONG THE MEMBERS OF THE COMMUNITY, ACCORDING
TO THEIR ABILITIES.
FOURTEEN:
EVERY CITIZEN HAS A RIGHT, EITHER BY HIMSELF OR HIS REPRESENTATIVE,
TO A FREE VOICE IN DETERMINING THE NECESSITY OF PUBLIC CONTRIBUTIONS,
THE APPROPRIATION OF THEM, AND THEIR AMOUNT, MODE OF ASSESSMENT, AND
DURATION.
FIFTEEN:
EVERY COMMUNITY HAS A RIGHT TO DEMAND OF ALL ITS AGENTS AN ACCOUNT OF
THEIR CONDUCT.
SIXTEEN:
EVERY COMMUNITY IN WHICH A SEPARATION OF POWERS AND A SECURITY OF RIGHTS
IS NOT PROVIDED FOR, WANTS A CONSTITUTION.
SEVENTEEN:
THE RIGHT TO PROPERTY BEING INVIOLABLE AND SACRED, NO ONE OUGHT TO BE
DEPRIVED OF IT, EXCEPT IN CASES OF EVIDENT PUBLIC NECESSITY, LEGALLY
ASCERTAINED, AND ON CONDITION OF A PREVIOUS JUST INDEMNITY.
--------------------------------------------------------------------------------
Observations
on the Declaration of Rights
The first three articles comprehend in general terms the whole of a
Declaration of Rights, all the succeeding articles either originate
from them or follow as elucidations. The 4th, 5th, and 6th define more
particularly what is only generally expressed in the 1st, 2nd, and 3rd.
The 7th, 8th, 9th, 10th, and 11th articles are declaratory of principles
upon which laws shall be constructed, conformable to rights already
declared. But it is questioned by some very good people in France, as
well as in other countries, whether the 10th article sufficiently guarantees
the right it is intended to accord with; besides which it takes off
from the divine dignity of religion, and weakens its operative force
upon the mind, to make it a subject of human laws. It then presents
itself to man like light intercepted by a cloudy medium, in which the
source of it is obscured from his sight, and he sees nothing to reverence
in the dusky ray.[10]
The remaining
articles, beginning with the twelfth, are substantially contained in
the principles of the preceding articles; but in the particular situation
in which France then was, having to undo what was wrong, as well as
to set up what was right, it was proper to be more particular than what
in another condition of things would be necessary.
While the
Declaration of Rights was before the National Assembly some of its members
remarked that if a declaration of rights were published it should be
accompanied by a Declaration of Duties. The observation discovered a
mind that reflected, and it only erred by not reflecting far enough.
A Declaration of Rights is, by reciprocity, a Declaration of Duties
also. Whatever is my right as a man is also the right of another; and
it becomes my duty to guarantee as well as to possess.
The three
first articles are the base of Liberty, as well individual as national;
nor can any country be called free whose government does not take its
beginning from the principles they contain, and continue to preserve
them pure; and the whole of the Declaration of Rights is of more value
to the world, and will do more good, than all the laws and statutes
that have yet been promulgated.
In the
declaratory exordium which prefaces the Declaration of Rights we see
the solemn and majestic spectacle of a nation opening its commission,
under the auspices of its Creator, to establish a Government, a scene
so new, and so transcendantly unequalled by anything in the European
world, that the name of a Revolution is diminutive of its character,
and it rises into a Regeneration of man. What are the present Governments
of Europe but a scene of iniquity and oppression? What is that of England?
Do not its own inhabitants say it is a market where every man has his
price, and where corruption is common traffic at the expense of a deluded
people? No wonder, then, that the French Revolution is traduced. Had
it confined itself merely to the destruction of flagrant despotism perhaps
Mr. Burke and some others had been silent. Their cry now is, "It
has gone too far"- that is, it has gone too far for them. It stares
corruption in the face, and the venal tribe are all alarmed. Their fear
discovers itself in their outrage, and they are but publishing the groans
of a wounded vice. But from such opposition the French Revolution, instead
of suffering, receives an homage. The more it is struck the more sparks
it will emit; and the fear is it will not be struck enough. It has nothing
to dread from attacks; truth has given it an establishment, and time
will record it with a name as lasting as his own.
Having
now traced the progress of the French Revolution through most of its
principal stages, from its commencement to the taking of the Bastille,
and its establishment by the Declaration of Rights, I will close the
subject with the energetic apostrophe of M. de la Fayette-
"May
this great monument, raised to Liberty, serve as a lesson to the oppressor,
and an example to the oppressed!"