The Writings Of Thomas Paine Volume II Part 6

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 a.s.sembled, 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 const.i.tution itself. It was princ.i.p.ally 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 subst.i.tuted 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 pa.s.s, 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 princ.i.p.al 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 superst.i.tious 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 n.o.blesse, 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 circ.u.mstanced 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 Const.i.tution would have been attended to. But as he did not choose to take the decision upon himself, he summoned again the a.s.sembly 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 a.s.sembling 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 a.s.semble 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 const.i.tution 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 a.s.sembled 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'a.s.semblee Nationale, or National a.s.sembly.

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 const.i.tution, 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 circ.u.mstance, which is necessary to its explanation; it was not judged prudent that all the patriotic members of the chamber styling itself the n.o.bles, 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 cla.s.s 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 a.s.sembly 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 const.i.tution; 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 a.s.s, than dreaded as a lion. This is the general character of aristocracy, or what are called n.o.bles or n.o.bility, 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 Const.i.tution (by which the aristocratical chamber would have had a negative on any article of the Const.i.tution); or, in case they could not accomplish this object, to overthrow the National a.s.sembly 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 const.i.tution 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 n.o.bles), 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 const.i.tution by a separate vote, they prepared themselves for their final object--that of conspiring against the National a.s.sembly, and overthrowing it.

The next morning the door of the chamber of the National a.s.sembly 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 circ.u.mstance whatever, death excepted, until they had established a const.i.tution. 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 a.s.sembly. But as force would be necessary, orders were issued to a.s.semble 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 a.s.sembly, 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 a.s.sembly, the life of the king would be endangered": on which they quitted their chambers, and mixed with the a.s.sembly, 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 a.s.sembly found itself surrounded by troops, and thousands more were daily arriving. On this a very strong declaration was made by the National a.s.sembly 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 s.p.a.ce 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 circ.u.mstances 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 a.s.sembly 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 a.s.sembly, 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 a.s.sembly on this particular occasion, named by order of the a.s.sembly 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 a.s.sembly neither pursued those fugitive conspirators, nor took any notice of them, nor sought to retaliate in any shape whatever. Occupied with establishing a const.i.tution 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 a.s.sembly felt none of those mean pa.s.sions 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 a.s.sembly, 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 const.i.tution was to be built, and which is here subjoined:

Declaration

Of The

Rights Of Man And Of Citizens

By The National a.s.sembly Of France

The representatives of the people of France, formed into a National a.s.sembly, 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 inst.i.tutions, 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 Const.i.tution, and the general happiness.

For these reasons the National a.s.sembly 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 a.s.sociations 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 ent.i.tled 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 inst.i.tuted 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 a.s.sessment, and duration.