Unexpected reaction sets in — Exultation of revolutionists — Their misconception of the situation — Reaction versus Revolution — Aims of middle classes — Assembly, afraid of people, strengthens its position — Council of Three Hundred establishes its authority — Importance of Bailly and Lafayette — Martial law voted — Marat, Robespierre and Buzot alone protest — Intrigues of Duke of Orléans and Count de Provence — Mirabeau — Aims of educated middle class — Duport, Charles de Lameth and Barnavo — Bailly and Lafayette — Alarm of middle classes at insurrection — Proposal of Sieyès accepted — Ancient feudal divisions abolished — France divided into departments — Electoral Assemblies — Difference between passive and active citizens — General assemblies of village communes forbidden — Importance to Revolution of municipal centres — Parliaments abolished — Formidable opposition to new organisation
Once more one might have thought that the Revolution would now freely develop of itself. Royal reaction was vanquished; “Monsieur and Madame Veto” had given in, and were held as prisoners in Paris; and the National Assembly would surely use now the axe in the forest of abuses, hew down feudalism, and apply the great principles it had proclaimed in the Declaration of the Rights of Man, the mere reading of which had made all hearts throb.
There was, however, nothing of the sort. Against all expectations, it was reaction that began after October 5. It organised its powers, and went on, growing in strength until the month of June 1792.
After having accomplished its task, the people of Paris retreated to their hovels; the middle classes disbanded them and made them leave the streets. And had it not been for the peasant insurrection, which followed its course until the feudal rights were actually abolished in July 1793, had it not been for the numerous insurrections in the provincial towns which prevented the government of the middle classes from firmly establishing itself, the final reaction, which triumphed in 1794, might have been already triumphant in 1791 or even in 1790.
“The King is at the Louvre, the National Assembly at the Tuileries, the channels of circulation are cleared, the marketplace is full of sacks of corn, the National exchequer is being replenished, the mills are turning, the traitors are flying, the shavelings are down, the aristocracy is expiring,” thus Camille Desmoulins wrote in the first number of his journal (November 28). But in reality reaction was everywhere raising its head. While the revolutionaries exulted, believing that the Revolution was almost accomplished, the reactionaries knew that the great struggle, the real one, between the past and the future, was only to begin in every provincial town, great and small, in every little village; that now was the time for them to act in order to get the upper hand in the revolution.
The reactionaries understood something more. They saw that the middle classes, who until then had sought the support of the people, in order to obtain constitutional laws and to dominate the higher nobility, were going, now that they had seen and felt the strength of the people, to do all they could to dominate the people, to disarm them and to drive them back into subjection.
This fear of the people made itself felt in the Assembly, immediately after October 5. More than two hundred deputies refused to go to Paris, and demanded passports for returning to their homes. They met with a refusal, and were treated as traitors, but a certain number of them sent in their resignations all the same: they were not thinking of going so far! There was now a new series of emigrations, as there had been after July 14. But this time it was not the Court which gave the signal, it was the Assembly.
However, there was in the Assembly strong nucleus of middle-class representatives who knew how to profit by the first moments of success — to establish the power of their own class upon a solid foundation. Consequently, even before moving to Paris, the Assembly voted, on October 19, the responsibility of the ministers, as well as of administrative officials before the National representation, and the assessment of all taxes by the Assembly. These two first conditions of a Constitutional Government were thus established. The title of the “King of France” was also changed into “King of the French.”
Whilst the Assembly was thus profiting by the movement of October 5 to establish itself as the sovereign power, the middle-class municipality of Paris, i.e., the Council of the Three Hundred, which had set itself up after July 14, also took advantage of events to establish its authority. Sixty directors, chosen from among the Three Hundred, and divided between eight departments — food, police, public works, hospitals, education, land and revenues, taxes and the National Guard — were going to take over all these important branches of administration, and thus to become a respectable power, especially as the municipality had under its orders a National Guard of 60,000 men, drawn solely from well-to-do citizens.
Bailly, the Mayor of Paris, and Lafayette, the chief commander of the National Guard, were becoming important personages. As to the municipal police functions , the middle classes assumed the right of supervision in everything: meetings, newspapers, the selling of literature in the streets, the advertisement posters, and so on; so as to be able to suppress all that might be hostile to their interests.
And finally, the Council of the Three Hundred, taking advantage of the murder of a baker on October 21, went to the Assembly to beg for martial law, which was voted at once. Henceforth it was sufficient for a municipal official to unfurl the red flag for martial law to be proclaimed; after that every crowd had to disperse, and the troops, when required by the municipal official, could fire upon the people if they did not disperse after three summonses had been made. If the people dispersed peaceably without resistance, before the last summons, only the ringleaders of the disturbance were arrested and sent to prison for three years — if the crowd was unarmed; otherwise the sentence was death. But in case of any violence committed by the people, it was death for all concerned in the riot. It was death, too, for any soldier or officer of the National Guard — who should stir up any rioting.
A murder committed in the street was thus sufficient excuse for this law to be passed, and, as Louis Blanc has aptly remarked, in the whole press of Paris there was but one voice, that of Marat, to protest against this atrocious law, and to say that in a time of revolution, when a nation had still to break its chains and to fight to the bitter end against its enemies, martial law had no right to exist. In the Assembly, Robespierre and Buzot were the only ones to protest, and these not on a point of principle. It was not advisable, they said, to proclaim martial law before having established a court which could try the criminals for felony against the nation.
Profiting by the slackening of the people's ardour, which necessarily followed after the movement of October 5 and 6, the middle classes began, also in the Assembly, as in the municipality, to organise their new power — not, it is true, without some collisions between the personal ambitions which clashed and conspired against each other.
The Court on its side saw no reason for abdicating; it conspired and struggled also, and made profit out of the necessitous and ambitious, such as Mirabeau, by enrolling them in its service.
The Duke of Orléans, having been compromised in the movement of October 5, which he had secretly supported, was sent in disgrace, by the Court, as ambassador to England. But then it was “Monsieur,” the Count of Provence, the King's brother, who began intriguing to send away the King — “the log “(soliveau), as he wrote to a friend. Once the King had gone, Orléans could pose as a candidate for the throne of France. Mirabeau, always in want, and who, ever since June 23, had acquired a formidable power over the Assembly, was intriguing on his side to get into the Ministry. When his plots were thwarted by the Assembly, which voted that none of its members should accept a place in the Ministry, he threw himself into the arms of the Count of Provence, in the hope of getting into power by his intervention. Finally, he sold himself to the King and accepted from him a pension of fifty thousand francs a month for four months, and the promise of an embassy; in return for which M. de Mirabeau pledged himself “to aid the King with his knowledge, his power and his eloquence, in whatever Monsieur will judge useful to the State and in the interest of the King.” All this, however, only became known later on, in 1792, after the taking of the Tuileries, and, meanwhile, Mirabeau kept, until his death on April 2, 1791, his reputation as a champion of the people.
Historians will never unravel the tissue of intrigues which was then being woven round the Louvre and in the palaces of the princes, as well as round the Courts of London, Vienna and Madrid, and in the various German principalities. Quite a world fermented round the royalty which was perishing. And even in the midst of the Assembly, how many ambitions were struggling to grasp the power! But after all, these are but incidents of small value. They help to explain certain facts, but they could change nothing in the progress of events, marked out by the very logic of the situation and the forces in the conflict.
The Assembly represented the educated middle classes on their way to conquer and organise the power which was falling from the hands of the Court, the higher clergy, and the great nobles. And it contained in its midst a number of men marching straight towards this end with intelligence and a certain audacity, which increased every time that the people gained a fresh victory over the old régime. There was in the Assembly a “triumvirate” composed of Duport, Charles de Lameth, and Barnave, and at Paris there were the Mayor Bailly and the commander of the National Guard, Lafayette, upon whom all eyes were turned. But the real power of the mement was represented by the compact forces of the Assembly which were elaborating the laws to constitute the government of the middle classes.
This was the work which the Assembly resumed with ardour, as soon as it was installed in Paris and could go on with its work with a certain amount of tranquillity.
This work was begun, as we have seen, the very day after the taking of the Bastille. The middle classes were seized with alarm when they saw the people arming themselves with pikes in a few days, burning the toll-gates, seizing the breadstuffs wherever they found them, and all the while showing as much hostility to the rich middle classes as towards the “red heels” (talons rouges). They made haste to arm themselves and to organise their National Guard — to array the “beaver hats” against the “woollen caps” and the pikes, so that the popular insurrections could be kept in hand. And after the insurrection on October 5, they passed without delay the law about rioting, of which we have just spoken.
At the same time they made haste to legislate in such a way that the political power which was slipping out of the hand of the Court should not fall into the hands of the people. Thus, eight days after July 14, Sieyès, the famous advocate of the Third Estate, had already proposed to the Assembly to divide the French into two classes, of which one only, the active citizens, should take part in the government, whilst the other, comprising the great mass of the people under the name of the passive citizens, should be deprived of all political rights. Five weeks later the Assembly accepted this division as the basis for the Constitution. The Declaration of Rights, of which the first principle was Equality of Rights for all citizens, was thus flagrantly violated as soon as proclaimed.
Now, on resuming the work of political organisation for France, the Assembly abolished the ancient feudal division into provinces, of which each one preserved certain privileges for the nobility and the parlements. It divided France into departments, and suspended the ancient parlements, i.e., the ancient tribunals, which also possessed certain judicial privileges — and it went on to the organisation of an entirely new and uniform administration, always maintaining the principle of excluding the poorer classes from the Government.
The National Assembly, which had been elected under the old régime under a system of elections in two degrees, was nevertheless the outcome of an almost universal suffrage. That is to say, that the primary assemblies, which had been convoked in every electoral division, were composed of nearly all the citizens of the locality. These primary assemblies had nominated the electors, who made up in each division one electoral assembly, and this, in its turn, chose its representative in the National Assembly. It is well to note that after the elections the electoral assemblies continued to meet, receiving letters from their deputies and keeping watch over their votes.
Having now attained power, the middle classes did two things. They extended the prerogatives of the electoral assemblies, by confiding to them the election of the local councils (the directoires of each department), the judges and certain other functionaries. They gave them thus a great power. But, at the same time, they excluded from the primary assemblies the mass of the people, whom by this means they deprived of all political rights. They admitted into them only the active citizens, that is, those who paid in direct contributions at least three days' work. The rest became passive citizens, who could no longer take part in the primary assemblies, and accordingly had no right to nominate the electors, or the municipality, or any of the local authorities. Besides, they could no longer form part of the National Guard.
Furthermore, to be eligible as an elector, it was necessary to pay, in direct taxes, the value of ten days' work, which made these assemblies entirely middle class. Later on, in 1791, when reaction was emboldened by the massacre on the Champ-de-Mars, the Assembly made an additional restriction: electors must possess landed property. And to be nominated a representative of the people in the National Assembly, it was necessary to pay in direct taxation the value of a marc of silver (eight ounces), that is to say, fifty livres.
And finally, the permanence of the electoral assemblies was interdicted. Once the elections were over, these assemblies were not to meet again. Once the middle-class governors were appointed, they must not be controlled too strictly. Soon the right even of petitioning and of passing resolutions was taken away — “Vote and hold your tongue!”
As to the villages, they had preserved, as we have seen, under the old régime, in nearly the whole of France, up to the Revolution , the general assembly of the inhabitants, like the mir in Russia. To this general assembly belonged the administration of the affairs of the commune, such as the re-division and the use of the communal lands — cultivated fields, meadows and forests, and also the waste lands. But now these general assemblies of the village communes were forbidden by the municipal law of December 22 to 24, 1789. Henceforth only the well-to-do peasants, the active citizens, had the right to meet, once a year, to nominate the mayor and the municipality, composed of three or four middle-class men of the village.
A similar municipal organisation was given to the towns, where the active citizens met to nominate the general council of the town and the municipality, that is to say, the legislative power in municipal matters and the executive power to whom was entrusted the administration of the commune's police and the command of the National Guard.
Thus the movement described as taking place in the towns in July 1789, and which consisted in obtaining by revolutionary means an elective municipal administration at a time when the laws of the old régime, still in full force, authorised nothing of the kind — this movement was sanctioned by the municipal and administrative law of December 22 to 24, 1789. And, as we shall see, an immense power was conferred on the Revolution by the creation, at its very outset, of these thirty thousand municipal centres, independent in a thousand matters of the central government, and capable of revolutionary action, when the revolutionaries succeeded in seizing upon them.
It is true that the middle classes surrounded themselves with every precaution in order to keep the municipal power in the hands of the well-to-do members of the community, and the municipalities themselves were placed under the supervision of the councils of the department, which, being chosen by electors in the second degree, thus represented the wealthier section of the middle classes and were the support and the right hand of the counter-revolutionists during the Revolution. On the other hand, the municipality itself, which was elected by the active citizens only, also represented the middle classes more than the masses of the people, and in towns like Lyons and so many others it became a centre of reaction. But with all that, the municipalities were not dependent upon the royal power, and it must be recognised that the municipal law of December 1789 contributed to the success of the Revolution more than any other law. During the insurrection against the feudal lords, in August 1789, many municipalities were hostile to the revolted peasants, and we saw how the municipalities of the Dauphiné took the field against the peasants and hanged the rebels without mercy. But in proportion as the Revolution developed, the people came to get hold of the municipalities, and in 1793 and 1794 the municipalities in several parts of France became the real centres of action for the popular revolutionaries.
Another very important step was made by the NationaI Assembly when it abolished the old courts of justice — the parlements — and introduced judges elected by the people. In the rural districts, each canton, composed of five or six parishes, appointed, through its active citizens, its own magistrates; and in the large towns this right was given to the electoral assemblies. The old parlements naturally strove to maintain their prerogatives. In the south, for instance at Toulouse, eighty members of the parlements, supported by eighty-nine gentlemen, even started a movement to restore to the monarch his legitimate authority and “liberty,” and to religion “its useful influence.” At Paris, Rouen and Metz, and in Brittany the parlements would not submit to the levelling power of the Assembly, and they headed conspiracies in favour of the old régime.
But they found no support among the people, and they compelled to yield to the decree of November 3, 1789, by which they were sent on vacation until a new order was given. The attempts to resist led only to a new decree, on January 11, 1790, by which it was declared that the resistance to the law by the magistrates of Rennes “disqualified them from fulfilling any functions of the active citizen, until, having sent in their request to the legislative body, they had been admitted to take the oath of fidelity to the Constitution, as decreed by the National Assembly and accepted by the King.”
The National Assembly, it can be seen, meant to make its decisions concerning the new administrative organisation for France respected. But this new organisation encountered a formidable opposition on the part of the higher clergy, the nobility and the upper middle classes, and it took years of a revolution, much more far-reaching than the middle classes had intended, to break down the old organisation for the admission of the new.