IT IS IN THE MODEL of the sovereign and presiding part of this new republic that we should expect their grand display. Here they were to prove their title to their proud demands. For the plan itself at large, and for the reasons on which it is grounded, I refer to the journals of the Assembly of the 29th of September, 1789, and to the subsequent proceedings which have made any alterations in the plan. So far as in a matter somewhat confused I can see light, the system remains substantially as it has been originally framed. My few remarks will be such as regard its spirit, its tendency, and its fitness for framing a popular commonwealth, which they profess theirs to be, suited to the ends for which any commonwealth, and particularly such a commonwealth, is made. At the same time I mean to consider its consistency with itself and its own principles.

Old establishments are tried by their effects. If the people are happy, united, wealthy, and powerful, we presume the rest. We conclude that to be good from whence good is derived. In old establishments various correctives have been found for their aberrations from theory. Indeed, they are the results of various necessities and expediencies. They are not often constructed after any theory; theories are rather drawn from them. In them we often see the end best obtained where the means seem not perfectly reconcilable to what we may fancy was the original scheme. The means taught by experience may be better suited to political ends than those contrived in the original project. They again react upon the primitive constitution, and sometimes improve the design itself, from which they seem to have departed. I think all this might be curiously exemplified in the British constitution. At worst, the errors and deviations of every kind in reckoning are found and computed, and the ship proceeds in her course. This is the case of old establishments; but in a new and merely theoretic system, it is expected that every contrivance shall appear, on the face of it, to answer its ends, especially where the projectors are no way embarrassed with an endeavor to accommodate the new building to an old one, either in the walls or on the foundations.

The French builders, clearing away as mere rubbish whatever they found and, like their ornamental gardeners, forming everything into an exact level, propose to rest the whole local and general legislature on three bases of three different kinds: one geometrical, one arithmetical, and the third financial; the first of which they call the basis of territory; the second, the basis of population; and the third, the basis of contribution. For the accomplishment of the first of these purposes they divide the area of their country into eighty-three pieces, regularly square, of eighteen leagues by eighteen. These large divisions are called Departments. These they portion, proceeding by square measurement, into seventeen hundred and twenty districts called Communes. These again they subdivide, still proceeding by square measurement, into smaller districts called Cantons, making in all 6400.

At first view this geometrical basis of theirs presents not much to admire or to blame. It calls for no great legislative talents. Nothing more than an accurate land surveyor, with his chain, sight, and theodolite, is requisite for such a plan as this. In the old divisions of the country, various accidents at various times and the ebb and flow of various properties and jurisdictions settled their bounds. These bounds were not made upon any fixed system, undoubtedly. They were subject to some inconveniences, but they were inconveniences for which use had found remedies, and habit had supplied accommodation and patience. In this new pavement of square within square, and this organization and semi-organization, made on the system of Empedocles and Buffon, and not upon any politic principle, it is impossible that innumerable local inconveniences, to which men are not habituated, must not arise. But these I pass over, because it requires an accurate knowledge of the country, which I do not possess, to specify them.

When these state surveyors came to take a view of their work of measurement, they soon found that in politics the most fallacious of all things was geometrical demonstration. They had then recourse to another basis (or rather buttress) to support the building, which tottered on that false foundation. It was evident that the goodness of the soil, the number of the people, their wealth, and the largeness of their contribution made such infinite variations between square and square as to render mensuration a ridiculous standard of power in the commonwealth, and equality in geometry the most unequal of all measures in the distribution of men. However, they could not give it up. But dividing their political and civil representation into three parts, they allotted one of those parts to the square measurement, without a single fact or calculation to ascertain whether this territorial proportion of representation was fairly assigned, and ought upon any principle really to be a third. Having, however, given to geometry this portion (of a third for her dower) out of compliment, I suppose, to that sublime science, they left the other two to be scuffled for between the other parts, population and contribution.

When they came to provide for population, they were not able to proceed quite so smoothly as they had done in the field of their geometry. Here their arithmetic came to bear upon their juridical metaphysics. Had they stuck to their metaphysic principles, the arithmetical process would be simple indeed. Men, with them, are strictly equal and are entitled to equal rights in their own government. Each head, on this system, would have its vote, and every man would vote directly for the person who was to represent him in the legislature. "But soft- by regular degrees, not yet". This metaphysic principle to which law, custom, usage, policy, reason were to yield is to yield itself to their pleasure. There must be many degrees, and some stages, before the representative can come in contact with his constituent. Indeed, as we shall soon see, these two persons are to have no sort of communion with each other. First, the voters in the Canton, who compose what they call "primary assemblies", are to have a qualification. What! a qualification on the indefeasible rights of men? Yes; but it shall be a very small qualification. Our injustice shall be very little oppressive: only the local valuation of three days' labor paid to the public. Why, this is not much, I readily admit, for anything but the utter subversion of your equalizing principle. As a qualification it might as well be let alone, for it answers no one purpose for which qualifications are established; and, on your ideas, it excludes from a vote the man of all others whose natural equality stands the most in need of protection and defense- I mean the man who has nothing else but his natural equality to guard him. You order him to buy the right which you before told him nature had given to him gratuitously at his birth, and of which no authority on earth could lawfully deprive him. With regard to the person who cannot come up to your market, a tyrannous aristocracy, as against him, is established at the very outset by you who pretend to be its sworn foe.

The gradation proceeds. These primary assemblies of the Canton elect deputies to the Commune; one for every two hundred qualified inhabitants. Here is the first medium put between the primary elector and the representative legislator; and here a new turnpike is fixed for taxing the rights of men with a second qualification; for none can be elected into the Commune who does not pay the amount of ten days' labor. Nor have we yet done. There is still to be another gradation.* These Communes, chosen by the Canton, choose to the Department; and the deputies of the Department choose their deputies to the National Assembly. Here is a third barrier of a senseless qualification. Every deputy to the National Assembly must pay, in direct contribution, to the value of a mark of silver. Of all these qualifying barriers we must think alike- that they are impotent to secure independence, strong only to destroy the rights of men.

* The Assembly, in executing the plan of their committee, made some alterations. They have struck out one stage in these gradations; this removes a part of the objection; but the main objection, namely, that in their scheme the first constituent voter has no connection with the representative legislator, remains in all its force. There are other alterations, some possibly for the better, some certainly for the worse; but to the author the merit or demerit of these smaller alterations appears to be of no moment where the scheme itself is fundamentally vicious and absurd.

In all this process, which in its fundamental elements affects to consider only population upon a principle of natural right, there is a manifest attention to property, which, however just and reasonable on other schemes, is on theirs perfectly unsupportable.

When they come to their third basis, that of contribution, we find that they have more completely lost sight of their rights of men. This last basis rests entirely on property. A principle totally different from the equality of men, and utterly irreconcilable to it, is thereby admitted; but no sooner is this principle admitted than (as usual) it is subverted; and it is not subverted (as we shall presently see) to approximate the inequality of riches to the level of nature. The additional share in the third portion of representation (a portion reserved exclusively for the higher contribution) is made to regard the district only, and not the individuals in it who pay. It is easy to perceive, by the course of their reasonings, how much they were embarrassed by their contradictory ideas of the rights of men and the privileges of riches. The committee of constitution do as good as admit that they are wholly irreconcilable. "The relation with regard to the contributions is without doubt null (say they) when the question is on the balance of the political rights as between individual and individual, without which personal equality would be destroyed and an aristocracy of the rich would be established. But this inconvenience entirely disappears when the proportional relation of the contribution is only considered in the great masses, and is solely between province and province; it serves in that case only to form a just reciprocal proportion between the cities without affecting the personal rights of the citizens".

Here the principle of contribution, as taken between man and man, is reprobated as null and destructive to equality, and as pernicious, too, because it leads to the establishment of an aristocracy of the rich. However, it must not be abandoned. And the way of getting rid of the difficulty is to establish the inequality as between department and department, leaving all the individuals in each department upon an exact par. Observe that this parity between individuals had been before destroyed when the qualifications within the departments were settled; nor does it seem a matter of great importance whether the equality of men be injured by masses or individually. An individual is not of the same importance in a mass represented by a few as in a mass represented by many. It would be too much to tell a man jealous of his equality that the elector has the same franchise who votes for three members as he who votes for ten.

Now take it in the outer point of view and let us suppose their principle of representation according to contribution, that is, according to riches, to be well imagined and to be a necessary basis for their republic. In this their third basis they assume that riches ought to be respected, and that justice and policy require that they should entitle men, in some mode or other, to a larger share in the administration of public affairs; it is now to be seen how the Assembly provides for the preeminence, or even for the security, of the rich by conferring, in virtue of their opulence, that larger measure of power to their district which is denied to them personally. I readily admit (indeed I should lay it down as a fundamental principle) that in a republican government which has a democratic basis the rich do require an additional security above what is necessary to them in monarchies. They are subject to envy, and through envy to oppression. On the present scheme it is impossible to divine what advantage they derive from the aristocratic preference upon which the unequal representation of the masses is founded. The rich cannot feel it, either as a support to dignity or as security to fortune, for the aristocratic mass is generated from purely democratic principles, and the preference given to it in the general representation has no sort of reference to, or connection with, the persons upon account of whose property this superiority of the mass is established. If the contrivers of this scheme meant any sort of favor to the rich, in consequence of their contribution, they ought to have conferred the privilege either on the individual rich or on some class formed of rich persons (as historians represent Servius Tullius to have done in the early constitution of Rome), because the contest between the rich and the poor is not a struggle between corporation and corporation, but a contest between men and men- a competition not between districts, but between descriptions. It would answer its purpose better if the scheme were inverted: that the vote of the masses were rendered equal, and that the votes within each mass were proportioned to property.

Let us suppose one man in a district (it is an easy supposition) to contribute as much as a hundred of his neighbors. Against these he has but one vote. If there were but one representative for the mass, his poor neighbors would outvote him by a hundred to one for that single representative. Bad enough. But amends are to be made him. How? The district, in virtue of his wealth, is to choose, say, ten members instead of one; that is to say, by paying a very large contribution he has the happiness of being outvoted a hundred to one by the poor for ten representatives, instead of being outvoted exactly in the same proportion for a single member. In truth, instead of benefiting by this superior quantity of representation, the rich man is subjected to an additional hardship. The increase of representation within his province sets up nine persons more, and as many more than nine as there may be democratic candidates, to cabal and intrigue, and to flatter the people at his expense and to his oppression. An interest is by this means held out to multitudes of the inferior sort, in obtaining a salary of eighteen livres a day (to them a vast object) besides the pleasure of a residence in Paris and their share in the government of the kingdom. The more the objects of ambition are multiplied and become democratic, just in that proportion the rich are endangered.

Thus it must fare between the poor and the rich in the province deemed aristocratic, which in its internal relation is the very reverse of that character. In its external relation, that is, its relation to the other provinces, I cannot see how the unequal representation which is given to masses on account of wealth becomes the means of preserving the equipoise and the tranquillity of the commonwealth. For if it be one of the objects to secure the weak from being crushed by the strong (as in all society undoubtedly it is), how are the smaller and poorer of these masses to be saved from the tyranny of the more wealthy? Is it by adding to the wealthy further and more systematical means of oppressing them? When we come to a balance of representation between corporate bodies, provincial interests, emulations, and jealousies are full as likely to arise among them as among individuals; and their divisions are likely to produce a much hotter spirit of dissension, and something leading much more nearly to a war.

I see that these aristocratic masses are made upon what is called the principle of direct contribution. Nothing can be a more unequal standard than this. The indirect contribution, that which arises from duties on consumption, is in truth a better standard and follows and discovers wealth more naturally than this of direct contribution. It is difficult, indeed, to fix a standard of local preference on account of the one, or of the other, or of both, because some provinces may pay the more of either or of both on account of causes not intrinsic, but originating from those very districts over whom they have obtained a preference in consequence of their ostensible contribution. If the masses were independent, sovereign bodies who were to provide for a federative treasury by distinct contingents, and that the revenue had not (as it has) many impositions running through the whole, which affect men individually, and not corporately, and which, by their nature, confound all territorial limits, something might be said for the basis of contribution as founded on masses. But of all things, this representation, to be measured by contribution, is the most difficult to settle upon principles of equity in a country which considers its districts as members of a whole. For a great city, such as Bordeaux or Paris, appears to pay a vast body of duties, almost out of all assignable proportion to other places, and its mass is considered accordingly. But are these cities the true contributors in that proportion? No. The consumers of the commodities imported into Bordeaux, who are scattered through all France, pay the import duties of Bordeaux. The produce of the vintage in Guienne and Languedoc give to that city the means of its contribution growing out of an export commerce. The landholders who spend their estates in Paris, and are thereby the creators of that city, contribute for Paris from the provinces out of which their revenues arise. Very nearly the same arguments will apply to the representative share given on account of direct contributions, because the direct contribution must be assessed on wealth, real or presumed; and that local wealth will itself arise from causes not local, and which therefore in equity ought not to produce a local preference.

It is very remarkable that in this fundamental regulation which settles the representation of the mass upon the direct contribution, they have not yet settled how that direct contribution shall be laid, and how apportioned. Perhaps there is some latent policy toward the continuance of the present Assembly in this strange procedure. However, until they do this, they can have no certain constitution. It must depend at last upon the system of taxation, and must vary with every variation in that system. As they have contrived matters, their taxation does not so much depend on their constitution as their constitution on their taxation. This must introduce great confusion among the masses, as the variable qualification for votes within the district must, if ever real contested elections take place, cause infinite internal controversies.

To compare together the three bases, not on their political reason, but on the ideas on which the Assembly works, and to try its consistency with itself, we cannot avoid observing that the principle which the committee call the basis of population does not begin to operate from the same point with the two other principles called the bases of territory and of contribution, which are both of an aristocratic nature. The consequence is that, where all three begin to operate together, there is the most absurd inequality produced by the operation of the former on the two latter principles. Every canton contains four square leagues, and is estimated to contain, on the average, 4000 inhabitants or 680 voters in the primary assemblies, which vary in numbers with the population of the canton, and send one deputy to the commune for every 200 voters. Nine cantons make a commune.

Now let us take a canton containing a seaport town of trade, or a great manufacturing town. Let us suppose the population of this canton to be 12,700 inhabitants, or 2193 voters, forming three primary assemblies, and sending ten deputies to the commune.

Oppose to this one canton two others of the remaining eight in the same commune. These we may suppose to have their fair population of 4000 inhabitants and 680 voters each, or 8000 inhabitants and 1360 voters, both together. These will form only two primary assemblies and send only six deputies to the commune.

When the assembly of the commune comes to vote on the basis of territory, which principle is first admitted to operate in that assembly, the single canton which has half the territory of the other two will have ten voices to six in the election of three deputies to the assembly of the department chosen on the express ground of a representation of territory.

This inequality, striking as it is, will be yet highly aggravated if we suppose, as we fairly may, the several other cantons of the commune to fall proportionably short of the average population, as much as the principal canton exceeds it. Now as to the basis of contribution, which also is a principle admitted first to operate in the assembly of the commune. Let us again take one canton, such as is stated above. If the whole of the direct contributions paid by a great trading or manufacturing town be divided equally among the inhabitants, each individual will be found to pay much more than an individual living in the country according to the same average. The whole paid by the inhabitants of the former will be more than the whole paid by the inhabitants of the latter- we may fairly assume one-third more. Then the 12,700 inhabitants, or 2193 voters of the canton, will pay as much as 19,050 inhabitants, or 3289 voters of the other cantons, which are nearly the estimated proportion of inhabitants and voters of five other cantons. Now the 2193 voters will, as I before said, send only ten deputies to the assembly; the 3289 voters will send sixteen. Thus, for an equal share in the contribution of the whole commune, there will be a difference of sixteen voices to ten in voting for deputies to be chosen on the principle of representing the general contribution of the whole commune.

By the same mode of computation we shall find 15,875 inhabitants, or 2741 voters of the other cantons, who pay one-sixth LESS to the contribution of the whole commune, will have three VOICES MORE than the 12,700 inhabitants, or 2193 voters of the one canton.

Such is the fantastical and unjust inequality between mass and mass in this curious repartition of the rights of representation arising out of territory and contribution. The qualifications which these confer are in truth negative qualifications, that give a right in an inverse proportion to the possession of them.

In this whole contrivance of the three bases, consider it in any light you please, I do not see a variety of objects reconciled in one consistent whole, but several contradictory principles reluctantly and irreconcilably brought and held together by your philosophers, like wild beasts shut up in a cage to claw and bite each other to their mutual destruction.

I am afraid I have gone too far into their way of considering the formation of a constitution. They have much, but bad, metaphysics; much, but bad, geometry; much, but false, proportionate arithmetic; but if it were all as exact as metaphysics, geometry, and arithmetic ought to be, and if their schemes were perfectly consistent in all their parts, it would make only a more fair and sightly vision. It is remarkable that, in a great arrangement of mankind, not one reference whatsoever is to be found to anything moral or anything politic, nothing that relates to the concerns, the actions, the passions, the interests of men. Hominem non sapiunt.

You see I only consider this constitution as electoral, and leading by steps to the National Assembly. I do not enter into the internal government of the departments and their genealogy through the communes and cantons. These local governments are, in the original plan, to be as nearly as possible composed in the same manner and on the same principles with the elective assemblies. They are each of them bodies perfectly compact and rounded in themselves.

You cannot but perceive in this scheme that it has a direct and immediate tendency to sever France into a variety of republics, and to render them totally independent of each other without any direct constitutional means of coherence, connection, or subordination, except what may be derived from their acquiescence in the determinations of the general congress of the ambassadors from each independent republic. Such in reality is the National Assembly, and such governments I admit do exist in the world, though in forms infinitely more suitable to the local and habitual circumstances of their people. But such associations, rather than bodies politic, have generally been the effect of necessity, not choice; and I believe the present French power is the very first body of citizens who, having obtained full authority to do with their country what they pleased, have chosen to dissever it in this barbarous manner.

It is impossible not to observe that, in the spirit of this geometrical distribution and arithmetical arrangement, these pretended citizens treat France exactly like a country of conquest. Acting as conquerors, they have imitated the policy of the harshest of that harsh race. The policy of such barbarous victors, who contemn a subdued people and insult their feelings, has ever been, as much as in them lay, to destroy all vestiges of the ancient country, in religion, in polity, in laws, and in manners; to confound all territorial limits; to produce a general poverty; to put up their properties to auction; to crush their princes, nobles, and pontiffs; to lay low everything which had lifted its head above the level, or which could serve to combine or rally, in their distresses, the disbanded people under the standard of old opinion. They have made France free in the manner in which those sincere friends to the rights of mankind, the Romans, freed Greece, Macedon, and other nations. They destroyed the bonds of their union under color of providing for the independence of each of their cities.

When the members who compose these new bodies of cantons, communes, and departments- arrangements purposely produced through the medium of confusion- begin to act, they will find themselves in a great measure strangers to one another. The electors and elected throughout, especially in the rural cantons, will be frequently without any civil habitudes or connections, or any of that natural discipline which is the soul of a true republic. Magistrates and collectors of revenue are now no longer acquainted with their districts, bishops with their dioceses, or curates with their parishes. These new colonies of the rights of men bear a strong resemblance to that sort of military colonies which Tacitus has observed upon in the declining policy of Rome. In better and wiser days (whatever course they took with foreign nations) they were careful to make the elements of methodical subordination and settlement to be coeval, and even to lay the foundations of civil discipline in the military.* But when all the good arts had fallen into ruin, they proceeded, as your Assembly does, upon the equality of men, and with as little judgment and as little care for those things which make a republic tolerable or durable. But in this, as well as almost every instance, your new commonwealth is born and bred and fed in those corruptions which mark degenerated and worn-out republics. Your child comes into the world with the symptoms of death: the facies Hippocratica forms the character of its physiognomy, and the prognostic of its fate.

* Non, ut olim, universae legiones deducebantur cum tribunis, et centurionibus, et sui cujusque ordinis militibus, ut consensu et caritate rempublicam afficerent; sed ignoti inter se, diversis manipulis, sine rectore, sine affectibus mutuis, quasi ex alio genere mortalium, repente in unum collecti, numerus magis quam colonia. Tac. Annal. 1. 14, sect. 27. All this will be still more applicable to the unconnected, rotatory, biennial national assemblies, in this absurd and senseless constitution.

The legislators who framed the ancient republics knew that their business was too arduous to be accomplished with no better apparatus than the metaphysics of an undergraduate, and the mathematics and arithmetic of an exciseman. They had to do with men, and they were obliged to study human nature. They had to do with citizens, and they were obliged to study the effects of those habits which are communicated by the circumstances of civil life. They were sensible that the operation of this second nature on the first produced a new combination; and thence arose many diversities amongst men, according to their birth, their education, their professions, the periods of their lives, their residence in towns or in the country, their several ways of acquiring and of fixing property, and according to the quality of the property itself- all which rendered them as it were so many different species of animals. From hence they thought themselves obliged to dispose their citizens into such classes, and to place them in such situations in the state, as their peculiar habits might qualify them to fill, and to allot to them such appropriated privileges as might secure to them what their specific occasions required, and which might furnish to each description such force as might protect it in the conflict caused by the diversity of interests that must exist and must contend in all complex society; for the legislator would have been ashamed that the coarse husbandman should well know how to assort and to use his sheep, horses, and oxen, and should have enough of common sense not to abstract and equalize them all into animals without providing for each kind an appropriate food, care, and employment, whilst he, the economist, disposer, and shepherd of his own kindred, subliming himself into an airy metaphysician, was resolved to know nothing of his flocks but as men in general. It is for this reason that Montesquieu observed very justly that in their classification of the citizens the great legislators of antiquity made the greatest display of their powers, and even soared above themselves. It is here that your modern legislators have gone deep into the negative series, and sunk even below their own nothing. As the first sort of legislators attended to the different kinds of citizens and combined them into one commonwealth, the others, the metaphysical and alchemistical legislators, have taken the direct contrary course. They have attempted to confound all sorts of citizens, as well as they could, into one homogeneous mass; and then they divided this their amalgama into a number of incoherent republics. They reduce men to loose counters, merely for the sake of simple telling, and not to figures whose power is to arise from their place in the table. The elements of their own metaphysics might have taught them better lessons. The troll of their categorical table might have informed them that there was something else in the intellectual world besides substance and quantity. They might learn from the catechism of metaphysics that there were eight heads more* in every complex deliberation which they have never thought of, though these, of all the ten, are the subjects on which the skill of man can operate anything at all.

* Qualitas, relatio, actio, passio, ubi, quando, situs, habitus.

So far from this able disposition of some of the old republican legislators, which follows with a solicitous accuracy the moral conditions and propensities of men, they have leveled and crushed together all the orders which they found, even under the coarse unartificial arrangement of the monarchy, in which mode of government the classing of the citizens is not of so much importance as in a republic. It is true, however, that every such classification, if properly ordered, is good in all forms of government, and composes a strong barrier against the excesses of despotism, as well as it is the necessary means of giving effect and permanence to a republic. For want of something of this kind, if the present project of a republic should fail, all securities to a moderated freedom fail along with it; all the indirect restraints which mitigate despotism are removed, insomuch that if monarchy should ever again obtain an entire ascendancy in France, under this or under any other dynasty, it will probably be, if not voluntarily tempered at setting out by the wise and virtuous counsels of the prince, the most completely arbitrary power that has ever appeared on earth. This is to play a most desperate game.

The confusion which attends on all such proceedings they even declare to be one of their objects, and they hope to secure their constitution by a terror of a return of those evils which attended their making it. "By this," say they, "its destruction will become difficult to authority, which cannot break it up without the entire disorganization of the whole state." They presume that, if this authority should ever come to the same degree of power that they have acquired, it would make a more moderate and chastised use of it, and would piously tremble entirely to disorganize the state in the savage manner that they have done. They expect, from the virtues of returning despotism, the security which is to be enjoyed by the offspring of their popular vices.

I WISH, Sir, that you and my readers would give an attentive perusal to the work of M. de Calonne on this subject. It is, indeed, not only an eloquent, but an able and instructive, performance. I confine myself to what he says relative to the constitution of the new state and to the condition of the revenue. As to the disputes of this minister with his rivals, I do not wish to pronounce upon them. As little do I mean to hazard any opinion concerning his ways and means, financial or political, for taking his country out of its present disgraceful and deplorable situation of servitude, anarchy, bankruptcy, and beggary. I cannot speculate quite so sanguinely as he does; but he is a Frenchman, and has a closer duty relative to those objects, and better means of judging of them, than I can have. I wish that the formal avowal which he refers to, made by one of the principal leaders in the Assembly concerning the tendency of their scheme to bring France not only from a monarchy to a republic, but from a republic to a mere confederacy, may be very particularly attended to. It adds new force to my observations, and indeed M. de Calonne's work supplies my deficiencies by many new and striking arguments on most of the subjects of this letter.*

* See l'Etat de la France, p. 363.

It is this resolution, to break their country into separate republics, which has driven them into the greatest number of their difficulties and contradictions. If it were not for this, all the questions of exact equality and these balances, never to be settled, of individual rights, population, and contribution would be wholly useless. The representation, though derived from parts, would be a duty which equally regarded the whole. Each deputy to the Assembly would be the representative of France, and of all its descriptions, of the many and of the few, of the rich and of the poor, of the great districts and of the small. All these districts would themselves be subordinate to some standing authority, existing independently of them, an authority in which their representation, and everything that belongs to it, originated, and to which it was pointed. This standing, unalterable, fundamental government would make, and it is the only thing which could make, that territory truly and properly a whole. With us, when we elect popular representatives, we send them to a council in which each man individually is a subject and submitted to a government complete in all its ordinary functions. With you the elective Assembly is the sovereign, and the sole sovereign; all the members are therefore integral parts of this sole sovereignty. But with us it is totally different. With us the representative, separated from the other parts, can have no action and no existence. The government is the point of reference of the several members and districts of our representation. This is the center of our unity. This government of reference is a trustee for the whole, and not for the parts. So is the other branch of our public council, I mean the House of Lords. With us the king and the lords are several and joint securities for the equality of each district, each province, each city. When did you hear in Great Britain of any province suffering from the inequality of its representation, what district from having no representation at all? Not only our monarchy and our peerage secure the equality on which our unity depends, but it is the spirit of the House of Commons itself. The very inequality of representation, which is so foolishly complained of, is perhaps the very thing which prevents us from thinking or acting as members for districts. Cornwall elects as many members as all Scotland. But is Cornwall better taken care of than Scotland? Few trouble their heads about any of your bases, out of some giddy clubs. Most of those who wish for any change, upon any plausible grounds, desire it on different ideas.

Your new constitution is the very reverse of ours in its principle; and I am astonished how any persons could dream of holding out anything done in it as an example for Great Britain. With you there is little, or rather no, connection between the last representative and the first constituent. The member who goes to the National Assembly is not chosen by the people, nor accountable to them. There are three elections before he is chosen; two sets of magistracy intervene between him and the primary assembly, so as to render him, as I have said, an ambassador of a state, and not the representative of the people within a state. By this the whole spirit of the election is changed, nor can any corrective which your constitution-mongers have devised render him anything else than what he is. The very attempt to do it would inevitably introduce a confusion, if possible, more horrid than the present. There is no way to make a connection between the original constituent and the representative, but by the circuitous means which may lead the candidate to apply in the first instance to the primary electors, in order that by their authoritative instructions (and something more perhaps) these primary electors may force the two succeeding bodies of electors to make a choice agreeable to their wishes. But this would plainly subvert the whole scheme. It would be to plunge them back into that tumult and confusion of popular election which, by their interposed gradation of elections, they mean to avoid, and at length to risk the whole fortune of the state with those who have the least knowledge of it and the least interest in it. This is a perpetual dilemma into which they are thrown by the vicious, weak, and contradictory principles they have chosen. Unless the people break up and level this gradation, it is plain that they do not at all substantially elect to the Assembly; indeed, they elect as little in appearance as reality.

What is it we all seek for in an election? To answer its real purposes, you must first possess the means of knowing the fitness of your man; and then you must retain some hold upon him by personal obligation or dependence. For what end are these primary electors complimented, or rather mocked, with a choice? They can never know anything of the qualities of him that is to serve them, nor has he any obligation whatsoever to them. Of all the powers unfit to be delegated by those who have any real means of judging, that most peculiarly unfit is what relates to a personal choice. In case of abuse, that body of primary electors never can call the representative to an account for his conduct. He is too far removed from them in the chain of representation. If he acts improperly at the end of his two years' lease, it does not concern him for two years more. By the new French constitution the best and the wisest representatives go equally with the worst into this Limbus Patrum. Their bottoms are supposed foul, and they must go into dock to be refitted. Every man who has served in an assembly is ineligible for two years after. Just as these magistrates begin to learn their trade, like chimney sweepers, they are disqualified for exercising it. Superficial, new, petulant acquisition, and interrupted, dronish, broken, ill recollection is to be the destined character of all your future governors. Your constitution has too much of jealousy to have much of sense in it. You consider the breach of trust in the representative so principally that you do not at all regard the question of his fitness to execute it.

This purgatory interval is not unfavorable to a faithless representative, who may be as good a canvasser as he was a bad governor. In this time he may cabal himself into a superiority over the wisest and most virtuous. As in the end all the members of this elective constitution are equally fugitive and exist only for the election, they may be no longer the same persons who had chosen him, to whom he is to be responsible when he solicits for a renewal of his trust. To call all the secondary electors of the Commune to account is ridiculous, impracticable, and unjust; they may themselves have been deceived in their choice, as the third set of electors, those of the Department, may be in theirs. In your elections responsibility cannot exist.

FINDING NO SORT OF PRINCIPLE of coherence with each other in the nature and constitution of the several new republics of France, I considered what cement the legislators had provided for them from any extraneous materials. Their confederations, their spectacles, their civic feasts, and their enthusiasm I take no notice of; they are nothing but mere tricks; but tracing their policy through their actions, I think I can distinguish the arrangements by which they propose to hold these republics together. The first is the confiscation, with the compulsory paper currency annexed to it; the second is the supreme power of the city of Paris; the third is the general army of the state. Of this last I shall reserve what I have to say until I come to consider the army as a head by itself.

As to the operation of the first (the confiscation and paper currency) merely as a cement, I cannot deny that these, the one depending on the other, may for some time compose some sort of cement if their madness and folly in the management, and in the tempering of the parts together, does not produce a repulsion in the very outset. But allowing to the scheme some coherence and some duration, it appears to me that if, after a while, the confiscation should not be found sufficient to support the paper coinage (as I am morally certain it will not), then, instead of cementing, it will add infinitely to the dissociation, distraction, and confusion of these confederate republics, both with relation to each other and to the several parts within themselves. But if the confiscation should so far succeed as to sink the paper currency, the cement is gone with the circulation. In the meantime its binding force will be very uncertain, and it will straiten or relax with every variation in the credit of the paper.

One thing only is certain in this scheme, which is an effect seemingly collateral, but direct, I have no doubt, in the minds of those who conduct this business, that is, its effect in producing an oligarchy in every one of the republics. A paper circulation, not founded on any real money deposited or engaged for, amounting already to forty-four millions of English money, and this currency by force substituted in the place of the coin of the kingdom, becoming thereby the substance of its revenue as well as the medium of all its commercial and civil intercourse, must put the whole of what power, authority, and influence is left, in any form whatsoever it may assume, into the hands of the managers and conductors of this circulation.

In England, we feel the influence of the Bank, though it is only the center of a voluntary dealing. He knows little indeed of the influence of money upon mankind who does not see the force of the management of a monied concern which is so much more extensive and in its nature so much more depending on the managers than any of ours. But this is not merely a money concern. There is another member in the system inseparably connected with this money management. It consists in the means of drawing out at discretion portions of the confiscated lands for sale, and carrying on a process of continual transmutation of paper into land, and land into paper. When we follow this process in its effects, we may conceive something of the intensity of the force with which this system must operate. By this means the spirit of money-jobbing and speculation goes into the mass of land itself and incorporates with it. By this kind of operation that species of property becomes (as it were) volatilized; it assumes an unnatural and monstrous activity, and thereby throws into the hands of the several managers, principal and subordinate, Parisian and provincial, all the representative of money and perhaps a full tenth part of all the land in France, which has now acquired the worst and most pernicious part of the evil of a paper circulation, the greatest possible uncertainty in its value. They have reversed the Latonian kindness to the landed property of Delos. They have sent theirs to be blown about, like the light fragments of a wreck, oras et littora circum.

The new dealers, being all habitually adventurers and without any fixed habits of local predilections, will purchase to job out again, as the market of paper or of money or of land shall present an advantage. For though a holy bishop thinks that agriculture will derive great advantages from the "enlightened" usurers who are to purchase the church confiscations, I, who am not a good but an old farmer, with great humility beg leave to tell his late lordship that usury is not a tutor of agriculture; and if the word "enlightened" be understood according to the new dictionary, as it always is in your new schools, I cannot conceive how a man's not believing in God can teach him to cultivate the earth with the least of any additional skill or encouragement. "Diis immortalibus sero", said an old Roman, when he held one handle of the plough, whilst Death held the other. Though you were to join in the commission all the directors of the two academies to the directors of the Caisse d'Escompte, one old, experienced peasant is worth them all. I have got more information upon a curious and interesting branch of husbandry, in one short conversation with an old Carthusian monk, than I have derived from all the Bank directors that I have ever conversed with. However, there is no cause for apprehension from the meddling of money dealers with rural economy. These gentlemen are too wise in their generation. At first, perhaps, their tender and susceptible imaginations may be captivated with the innocent and unprofitable delights of a pastoral life; but in a little time they will find that agriculture is a trade much more laborious, and much less lucrative, than that which they had left. After making its panegyric, they will turn their backs on it like their great precursor and prototype. They may, like him, begin by singing "Beatus ille" but what will be the end?

Haec ubi locutus foenerator Alphius,

Jam jam futurus rusticus

Omnem redegit idibus pecuniam;

Quaerit calendis ponere.

They will cultivate the Caisse d'Eglise, under the sacred auspices of this prelate, with much more profit than its vineyards and its cornfields. They will employ their talents according to their habits and their interests. They will not follow the plough whilst they can direct treasuries and govern provinces.

Your legislators, in everything new, are the very first who have founded a commonwealth upon gaming, and infused this spirit into it as its vital breath. The great object in these politics is to metamorphose France from a great kingdom into one great playtable; to turn its inhabitants into a nation of gamesters; to make speculation as extensive as life; to mix it with all its concerns and to divert the whole of the hopes and fears of the people from their usual channels into the impulses, passions, and superstitions of those who live on chances. They loudly proclaim their opinion that this their present system of a republic cannot possibly exist without this kind of gaming fund, and that the very thread of its life is spun out of the staple of these speculations. The old gaming in funds was mischievous enough, undoubtedly, but it was so only to individuals. Even when it had its greatest extent, in the Mississippi and South Sea, it affected but few, comparatively; where it extends further, as in lotteries, the spirit has but a single object. But where the law, which in most circumstances forbids, and in none countenances, gaming, is itself debauched so as to reverse its nature and policy and expressly to force the subject to this destructive table by bringing the spirit and symbols of gaming into the minutest matters and engaging everybody in it, and in everything, a more dreadful epidemic distemper of that kind is spread than yet has appeared in the world. With you a man can neither earn nor buy his dinner without a speculation. What he receives in the morning will not have the same value at night. What he is compelled to take as pay for an old debt will not be received as the same when he comes to pay a debt contracted by himself, nor will it be the same when by prompt payment he would avoid contracting any debt at all. Industry must wither away. Economy must be driven from your country. Careful provision will have no existence. Who will labor without knowing the amount of his pay? Who will study to increase what none can estimate? Who will accumulate, when he does not know the value of what he saves? If you abstract it from its uses in gaming, to accumulate your paper wealth would be not the providence of a man, but the distempered instinct of a jackdaw.

The truly melancholy part of the policy of systematically making a nation of gamesters is this, that though all are forced to play, few can understand the game; and fewer still are in a condition to avail themselves of the knowledge. The many must be the dupes of the few who conduct the machine of these speculations. What effect it must have on the country people is visible. The townsman can calculate from day to day, not so the inhabitant of the country. When the peasant first brings his corn to market, the magistrate in the towns obliges him to take the assignat at par; when he goes to the shop with his money, he finds it seven per cent the worse for crossing the way. This market he will not readily resort to again. The townspeople will be inflamed; they will force the country people to bring their corn. Resistance will begin, and the murders of Paris and St. Denis may be renewed through all France.

What signifies the empty compliment paid to the country by giving it, perhaps, more than its share in the theory of your representation? Where have you placed the real power over monied and landed circulation? Where have you placed the means of raising and falling the value of every man's freehold? Those whose operations can take form, or add ten per cent to, the possessions of every man in France must be the masters of every man in France. The whole of the power obtained by this revolution will settle in the towns among the burghers and the monied directors who lead them. The landed gentleman, the yeoman, and the peasant have, none of them, habits or inclinations or experience which can lead them to any share in this the sole source of power and influence now left in France. The very nature of a country life, the very nature of landed property, in all the occupations, and all the pleasures they afford, render combination and arrangement (the sole way of procuring and exerting influence) in a manner impossible amongst country people. Combine them by all the art you can, and all the industry, they are always dissolving into individuality. Anything in the nature of incorporation is almost impracticable amongst them. Hope, fear, alarm, jealousy, the ephemerous tale that does its business and dies in a day- all these things which are the reins and spurs by which leaders check or urge the minds of followers are not easily employed, or hardly at all, amongst scattered people. They assemble, they arm, they act with the utmost difficulty and at the greatest charge. Their efforts, if ever they can be commenced, cannot be sustained. They cannot proceed systematically. If the country gentlemen attempt an influence through the mere income of their property, what is it to that of those who have ten times their income to sell, and who can ruin their property by bringing their plunder to meet it at market? If the landed man wishes to mortgage, he falls the value of his land and raises the value of assignats. He augments the power of his enemy by the very means he must take to contend with him. The country gentleman, therefore, the officer by sea and land, the man of liberal views and habits, attached to no profession, will be as completely excluded from the government of his country as if he were legislatively proscribed. It is obvious that in the towns all things which conspire against the country gentleman combine in favor of the money manager and director. In towns combination is natural. The habits of burghers, their occupations, their diversion, their business, their idleness continually bring them into mutual contact. Their virtues and their vices are sociable; they are always in garrison; and they come embodied and half disciplined into the hands of those who mean to form them for civil or military action.

All these considerations leave no doubt on my mind that, if this monster of a constitution can continue, France will be wholly governed by the agitators in corporations, by societies in the towns formed of directors of assignats, and trustees for the sale of church lands, attorneys, agents, money jobbers, speculators, and adventurers, composing an ignoble oligarchy founded on the destruction of the crown, the church, the nobility, and the people. Here end all the deceitful dreams and visions of the equality and rights of men. In the Serbonian bog of this base oligarchy they are all absorbed, sunk, and lost forever.

Though human eyes cannot trace them, one would be tempted to think some great offenses in France must cry to heaven, which has thought fit to punish it with a subjection to a vile and inglorious domination in which no comfort or compensation is to be found in any, even of those false, splendors which, playing about other tyrannies, prevent mankind from feeling themselves dishonored even whilst they are oppressed. I must confess I am touched with a sorrow, mixed with some indignation, at the conduct of a few men, once of great rank and still of great character, who, deluded with specious names, have engaged in a business too deep for the line of their understanding to fathom; who have lent their fair reputation and the authority of their high-sounding names to the designs of men with whom they could not be acquainted, and have thereby made their very virtues operate to the ruin of their country.

So far as to the first cementing principle.

THE second material of cement for their new republic is the superiority of the city of Paris; and this I admit is strongly connected with the other cementing principle of paper circulation and confiscation. It is in this part of the project we must look for the cause of the destruction of all the old bounds of provinces and jurisdictions, ecclesiastical and secular, and the dissolution of all ancient combinations of things, as well as the formation of so many small unconnected republics. The power of the city of Paris is evidently one great spring of all their politics. It is through the power of Paris, now become the center and focus of jobbing, that the leaders of this faction direct, or rather command, the whole legislative and the whole executive government. Everything, therefore, must be done which can confirm the authority of that city over the other republics. Paris is compact; she has an enormous strength, wholly disproportioned to the force of any of the square republics; and this strength is collected and condensed within a narrow compass. Paris has a natural and easy connection of its parts, which will not be affected by any scheme of a geometrical constitution, nor does it much signify whether its proportion of representation be more or less, since it has the whole draft of fishes in its dragnet. The other divisions of the kingdom, being hackled and torn to pieces, and separated from all their habitual means and even principles of union, cannot, for some time at least, confederate against her. Nothing was to be left in all the subordinate members but weakness, disconnection, and confusion. To confirm this part of the plan, the Assembly has lately come to a resolution that no two of their republics shall have the same commander-in-chief.

To a person who takes a view of the whole, the strength of Paris, thus formed, will appear a system of general weakness. It is boasted that the geometrical policy has been adopted, that all local ideas should be sunk, and that the people should no longer be Gascons, Picards, Bretons, Normans, but Frenchmen, with one country, one heart, and one Assembly. But instead of being all Frenchmen, the greater likelihood is that the inhabitants of that region will shortly have no country. No man ever was attached by a sense of pride, partiality, or real affection to a description of square measurement. He never will glory in belonging to the Chequer No. 71, or to any other badge-ticket. We begin our public affections in our families. No cold relation is a zealous citizen. We pass on to our neighborhoods and our habitual provincial connections. These are inns and resting places. Such divisions of our country as have been formed by habit, and not by a sudden jerk of authority, were so many little images of the great country in which the heart found something which it could fill. The love to the whole is not extinguished by this subordinate partiality. Perhaps it is a sort of elemental training to those higher and more large regards by which alone men come to be affected, as with their own concern, in the prosperity of a kingdom so extensive as that of France. In that general territory itself, as in the old name of provinces, the citizens are interested from old prejudices and unreasoned habits, and not on account of the geometric properties of its figure. The power and pre-eminence of Paris does certainly press down and hold these republics together as long as it lasts. But, for the reasons I have already given you, I think it cannot last very long.

Passing from the civil creating and the civil cementing principles of this constitution to the National Assembly, which is to appear and act as sovereign, we see a body in its constitution with every possible power, and no possible external control. We see a body without fundamental laws, without established maxims, without respected rules of proceeding, which nothing can keep firm to any system whatsoever. Their idea of their powers is always taken at the utmost stretch of legislative competence, and their examples for common cases from the exceptions of the most urgent necessity. The future is to be in most respects like the present Assembly; but, by the mode of the new elections and the tendency of the new circulations, it will be purged of the small degree of internal control existing in a minority chosen originally from various interests, and preserving something of their spirit. If possible, the next Assembly must be worse than the present. The present, by destroying and altering everything, will leave to their successors apparently nothing popular to do. They will be roused by emulation and example to enterprises the boldest and the most absurd. To suppose such an Assembly sitting in perfect quietude is ridiculous.

Your all-sufficient legislators, in their hurry to do everything at once, have forgotten one thing that seems essential, and which I believe never has been before, in the theory or the practice, omitted by any projector of a republic. They have forgotten to constitute a senate or something of that nature and character. Never before this time was heard of a body politic composed of one legislative and active assembly, and its executive officers, without such a council, without something to which foreign states might connect themselves; something to which, in the ordinary detail of government, the people could look up; something which might give a bias and steadiness and preserve something like consistency in the proceedings of state. Such a body kings generally have as a council. A monarchy may exist without it, but it seems to be in the very essence of a republican government. It holds a sort of middle place between the supreme power exercised by the people, or immediately delegated from them, and the mere executive. Of this there are no traces in your constitution, and in providing nothing of this kind your Solons and Numas have, as much as in anything else, discovered a sovereign incapacity.

LET US NOW TURN OUR EYES to what they have done toward the formation of an executive power. For this they have chosen a degraded king. This their first executive officer is to be a machine without any sort of deliberative discretion in any one act of his function. At best he is but a channel to convey to the National Assembly such matter as it may import that body to know. If he had been made the exclusive channel, the power would not have been without its importance, though infinitely perilous to those who would choose to exercise it. But public intelligence and statement of facts may pass to the Assembly with equal authenticity through any other conveyance. As to the means, therefore, of giving a direction to measures by the statement of an authorized reporter, this office of intelligence is as nothing.

To consider the French scheme of an executive officer, in its two natural divisions of civil and political.- In the first, it must be observed that, according to the new constitution, the higher parts of judicature, in either of its lines, are not in the king. The king of France is not the fountain of justice. The judges, neither the original nor the appellate, are of his nomination. He neither proposes the candidates, nor has a negative on the choice. He is not even the public prosecutor. He serves only as a notary to authenticate the choice made of the judges in the several districts. By his officers he is to execute their sentence. When we look into the true nature of his authority, he appears to be nothing more than a chief of bum bailiffs, sergeants at mace, catchpoles, jailers, and hangmen. It is impossible to place anything called royalty in a more degrading point of view. A thousand times better had it been for the dignity of this unhappy prince that he had nothing at all to do with the administration of justice, deprived as he is of all that is venerable and all that is consolatory in that function, without power of originating any process, without a power of suspension, mitigation, or pardon. Everything in justice that is vile and odious is thrown upon him. It was not for nothing that the Assembly has been at such pains to remove the stigma from certain offices when they are resolved to place the person who had lately been their king in a situation but one degree above the executioner, and in an office nearly of the same quality. It is not in nature that, situated as the king of the French now is, he can respect himself or can be respected by others.

View this new executive officer on the side of his political capacity, as he acts under the orders of the National Assembly. To execute laws is a royal office; to execute orders is not to be a king. However, a political executive magistracy, though merely such, is a great trust. It is a trust indeed that has much depending upon its faithful and diligent performance, both in the person presiding in it and in all its subordinates. Means of performing this duty ought to be given by regulation; and dispositions toward it ought to be infused by the circumstances attendant on the trust. It ought to be environed with dignity, authority, and consideration, and it ought to lead to glory. The office of execution is an office of exertion. It is not from impotence we are to expect the tasks of power. What sort of person is a king to command executory service, who has no means whatsoever to reward it? Not in a permanent office; not in a grant of land; no, not in a pension of fifty pounds a year; not in the vainest and most trivial title. In France, the king is no more the fountain of honor than he is the fountain of justice. All rewards, all distinctions are in other hands. Those who serve the king can be actuated by no natural motive but fear- by a fear of everything except their master. His functions of internal coercion are as odious as those which he exercises in the department of justice. If relief is to be given to any municipality, the Assembly gives it. If troops are to be sent to reduce them to obedience to the Assembly, the king is to execute the order; and upon every occasion he is to be spattered over with the blood of his people. He has no negative; yet his name and authority is used to enforce every harsh decree. Nay, he must concur in the butchery of those who shall attempt to free him from his imprisonment or show the slightest attachment to his person or to his ancient authority.

Executive magistracy ought to be constituted in such a manner that those who compose it should be disposed to love and to venerate those whom they are bound to obey. A purposed neglect or, what is worse, a literal but perverse and malignant obedience must be the ruin of the wisest counsels. In vain will the law attempt to anticipate or to follow such studied neglects and fraudulent attentions. To make them act zealously is not in the competence of law. Kings, even such as are truly kings, may and ought to bear the freedom of subjects that are obnoxious to them. They may, too, without derogating from themselves, bear even the authority of such persons if it promotes their service. Louis the Thirteenth mortally hated the Cardinal de Richelieu, but his support of that minister against his rivals was the source of all the glory of his reign and the solid foundation of his throne itself. Louis the Fourteenth, when come to the throne, did not love the Cardinal Mazarin, but for his interests he preserved him in power. When old, he detested Louvois, but for years, whilst he faithfully served his greatness, he endured his person. When George the Second took Mr. Pitt, who certainly was not agreeable to him, into his councils, he did nothing which could humble a wise sovereign. But these ministers, who were chosen by affairs, not by affections, acted in the name of, and in trust for, kings, and not as their avowed, constitutional, and ostensible masters. I think it impossible that any king, when he has recovered his first terrors, can cordially infuse vivacity and vigor into measures which he knows to be dictated by those who, he must be persuaded, are in the highest degree ill affected to his person. Will any ministers who serve such a king (or whatever he may be called) with but a decent appearance of respect cordially obey the orders of those whom but the other day in his name they had committed to the Bastille? Will they obey the orders of those whom, whilst they were exercising despotic justice upon them, they conceived they were treating with lenity, and from whom, in a prison, they thought they had provided an asylum? If you expect such obedience amongst your other innovations and regenerations, you ought to make a revolution in nature and provide a new constitution for the human mind. Otherwise, your supreme government cannot harmonize with its executory system. There are cases in which we cannot take up with names and abstractions. You may call half a dozen leading individuals, whom we have reason to fear and hate, the nation. It makes no other difference than to make us fear and hate them the more. If it had been thought justifiable and expedient to make such a revolution by such means, and through such persons, as you have made yours, it would have been more wise to have completed the business of the fifth and sixth of October. The new executive officer would then owe his situation to those who are his creators as well as his masters; and he might be bound in interest, in the society of crime, and (if in crimes there could be virtues) in gratitude to serve those who had promoted him to a place of great lucre and great sensual indulgence, and of something more; for more he must have received from those who certainly would not have limited an aggrandized creature, as they have done a submitting antagonist.

A king circumstanced as the present, if he is totally stupefied by his misfortunes so as to think it not the necessity but the premium and privilege of life to eat and sleep, without any regard to glory, can never be fit for the office. If he feels as men commonly feel, he must be sensible that an office so circumstanced is one in which he can obtain no fame or reputation. He has no generous interest that can excite him to action. At best, his conduct will be passive and defensive. To inferior people such an office might be matter of honor. But to be raised to it, and to descend to it, are different things and suggest different sentiments. Does he really name the ministers? They will have a sympathy with him. Are they forced upon him? The whole business between them and the nominal king will be mutual counteraction. In all other countries, the office of ministers of state is of the highest dignity. In France it is full of peril, and incapable of glory. Rivals, however, they will have in their nothingness, whilst shallow ambition exists in the world, or the desire of a miserable salary is an incentive to short-sighted avarice. Those competitors of the ministers are enabled by your constitution to attack them in their vital parts, whilst they have not the means of repelling their charges in any other than the degrading character of culprits. The ministers of state in France are the only persons in that country who are incapable of a share in the national councils. What ministers! What councils! What a nation!- But they are responsible. It is a poor service that is to be had from responsibility. The elevation of mind to be derived from fear will never make a nation glorious. Responsibility prevents crimes. It makes all attempts against the laws dangerous. But for a principle of active and zealous service, none but idiots could think of it. Is the conduct of a war to be trusted to a man who may abhor its principle, who, in every step he may take to render it successful, confirms the power of those by whom he is oppressed? Will foreign states seriously treat with him who has no prerogative of peace or war? No, not so much as in a single vote by himself or his ministers, or by any one whom he can possibly influence. A state of contempt is not a state for a prince; better get rid of him at once.

I know it will be said that these humors in the court and executive government will continue only through this generation, and that the king has been brought to declare the dauphin shall be educated in a conformity to his situation. If he is made to conform to his situation, he will have no education at all. His training must be worse, even, than that of an arbitrary monarch. If he reads - whether he reads or not- some good or evil genius will tell him his ancestors were kings. Thenceforward his object must be to assert himself and to avenge his parents. This you will say is not his duty. That may be; but it is nature; and whilst you pique nature against you, you do unwisely to trust to duty. In this futile scheme of polity, the state nurses in its bosom, for the present, a source of weakness, perplexity, counteraction, inefficiency, and decay; and it prepares the means of its final ruin. In short, I see nothing in the executive force (I cannot call it authority) that has even an appearance of vigor, or that has the smallest degree of just correspondence or symmetry, or amicable relation with the supreme power, either as it now exists or as it is planned for the future government.

You have settled, by an economy as perverted as the policy, two* establishments of government- one real, one fictitious. Both maintained at a vast expense, but the fictitious at, I think, the greatest. Such a machine as the latter is not worth the grease of its wheels. The expense is exorbitant, and neither the show nor the use deserve the tenth part of the charge. Oh! but I don't do justice to the talents of the legislators: I don't allow, as I ought to do, for necessity. Their scheme of executive force was not their choice. This pageant must be kept. The people would not consent to part with it. Right; I understand you. You do, in spite of your grand theories, to which you would have heaven and earth to bend- you do know how to conform yourselves to the nature and circumstances of things. But when you were obliged to conform thus far to circumstances, you ought to have carried your submission further, and to have made, what you were obliged to take, a proper instrument, and useful to its end. That was in your power. For instance, among many others, it was in your power to leave to your king the right of peace and war. What! to leave to the executive magistrate the most dangerous of all prerogatives? I know none more dangerous, nor any one more necessary to be so trusted. I do not say that this prerogative ought to be trusted to your king unless he enjoyed other auxiliary trusts along with it, which he does not now hold. But if he did possess them, hazardous as they are undoubtedly, advantages would arise from such a constitution, more than compensating the risk. There is no other way of keeping the several potentates of Europe from intriguing distinctly and personally with the members of your Assembly, from intermeddling in all your concerns, and fomenting, in the heart of your country, the most pernicious of all factions- factions in the interest and under the direction of foreign powers. From that worst of evils, thank God, we are still free. Your skill, if you had any, would be well employed to find out indirect correctives and controls upon this perilous trust. If you did not like those which in England we have chosen, your leaders might have exerted their abilities in contriving better. If it were necessary to exemplify the consequences of such an executive government as yours, in the management of great affairs, I should refer you to the late reports of M. de Montmorin to the National Assembly, and all the other proceedings relative to the differences between Great Britain and Spain. It would be treating your understanding with disrespect to point them out to you.

* In reality three, to reckon the provincial republican establishments.

I hear that the persons who are called ministers have signified an intention of resigning their places. I am rather astonished that they have not resigned long since. For the universe I would not have stood in the situation in which they have been for this last twelvemonth. They wished well, I take it for granted, to the revolution. Let this fact be as it may, they could not, placed as they were upon an eminence, though an eminence of humiliation, but be the first to see collectively, and to feel each in his own department, the evils which have been produced by that revolution. In every step which they took, or forbore to take, they must have felt the degraded situation of their country and their utter incapacity of serving it. They are in a species of subordinate servitude, in which no men before them were ever seen. Without confidence from their sovereign, on whom they were forced, or from the Assembly, who forced them upon him, all the noble functions of their office are executed by committees of the Assembly without any regard whatsoever to their personal or their official authority. They are to execute, without power; they are to be responsible, without discretion; they are to deliberate, without choice. In their puzzled situations, under two sovereigns, over neither of whom they have any influence, they must act in such a manner as (in effect, whatever they may intend) sometimes to betray the one, sometimes the other, and always to betray themselves. Such has been their situation, such must be the situation of those who succeed them. I have much respect and many good wishes for M. Necker. I am obliged to him for attentions. I thought, when his enemies had driven him from Versailles, that his exile was a subject of most serious congratulations- sed multae urbes et publica vota vicerunt. He is now sitting on the ruins of the finances and of the monarchy of France.

A great deal more might be observed on the strange constitution of the executory part of the new government, but fatigue must give bounds to the discussion of subjects which in themselves have hardly any limits.

AS little genius and talent am I able to perceive in the plan of judicature formed by the National Assembly. According to their invariable course, the framers of your constitution have begun with the utter abolition of the parliaments. These venerable bodies, like the rest of the old government, stood in need of reform, even though there should be no change made in the monarchy. They required several more alterations to adapt them to the system of a free constitution. But they had particulars in their constitution, and those not a few, which deserved approbation from the wise. They possessed one fundamental excellence: they were independent. The most doubtful circumstance attendant on their office, that of its being vendible, contributed however to this independence of character. They held for life. Indeed, they may be said to have held by inheritance. Appointed by the monarch, they were considered as nearly out of his power. The most determined exertions of that authority against them only showed their radical independence. They composed permanent bodies politic, constituted to resist arbitrary innovation; and from that corporate constitution, and from most of their forms, they were well calculated to afford both certainty and stability to the laws. They had been a safe asylum to secure these laws in all the revolutions of humor and opinion. They had saved that sacred deposit of the country during the reigns of arbitrary princes and the struggles of arbitrary factions. They kept alive the memory and record of the constitution. They were the great security to private property which might be said (when personal liberty had no existence) to be, in fact, as well guarded in France as in any other country. Whatever is supreme in a state ought to have, as much as possible, its judicial authority so constituted as not only not to depend upon it, but in some sort to balance it. It ought to give a security to its justice against its power. It ought to make its judicature, as it were, something exterior to the state.

These parliaments had furnished, not the best certainly, but some considerable corrective to the excesses and vices of the monarchy. Such an independent judicature was ten times more necessary when a democracy became the absolute power of the country. In that constitution, elective temporary, local judges, such as you have contrived, exercising their dependent functions in a narrow society, must be the worst of all tribunals. In them it will be vain to look for any appearance of justice toward strangers, toward the obnoxious rich, toward the minority of routed parties, toward all those who in the election have supported unsuccessful candidates. It will be impossible to keep the new tribunals clear of the worst spirit of faction. All contrivances by ballot we know experimentally to be vain and childish to prevent a discovery of inclinations. Where they may the best answer the purposes of concealment, they answer to produce suspicion, and this is a still more mischievous cause of partiality.

If the parliaments had been preserved, instead of being dissolved at so ruinous a charge to the nation, they might have served in this new commonwealth, perhaps not precisely the same (I do not mean an exact parallel), but nearly the same, purposes as the court and senate of Areopagus did in Athens; that is, as one of the balances and correctives to the evils of a light and unjust democracy. Every one knows that this tribunal was the great stay of that state; every one knows with what care it was upheld, and with what a religious awe it was consecrated. The parliaments were not wholly free from faction, I admit; but this evil was exterior and accidental, and not so much the vice of their constitution itself, as it must be in your new contrivance of sexennial elective judicatories. Several English commend the abolition of the old tribunals, as supposing that they determined everything by bribery and corruption. But they have stood the test of monarchic and republican scrutiny. The court was well disposed to prove corruption on those bodies when the were dissolved in 1771. Those who have again dissolved them would have done the same if they could, but both inquisitions having failed, I conclude that gross pecuniary corruption must have been rather rare amongst them.

It would have been prudent, along with the parliaments, to preserve their ancient power of registering, and of remonstrating at least upon, all the decrees of the National Assembly, as they did upon those which passed in the time of the monarchy. It would be a means of squaring the occasional decrees of a democracy to some principles of general jurisprudence. The vice of the ancient democracies, and one cause of their ruin, was that they ruled, as you do, by occasional decrees, psephismata. This practice soon broke in upon the tenor and consistency of the laws; it abated the respect of the people toward them, and totally destroyed them in the end.

Your vesting the power of remonstrance, which, in the time of the monarchy, existed in the parliament of Paris, in your principal executive officer, whom, in spite of common sense, you persevere in calling king, is the height of absurdity. You ought never to suffer remonstrance from him who is to execute. This is to understand neither council nor execution, neither authority nor obedience. The person whom you call king ought not to have this power, or he ought to have more.

Your present arrangement is strictly judicial. Instead of imitating your monarchy and seating your judges on a bench of independence, your object is to reduce them to the most blind obedience. As you have changed all things, you have invented new principles of order. You first appoint judges, who, I suppose, are to determine according to law, and then you let them know that, at some time or other, you intend to give them some law by which they are to determine. Any studies which they have made (if any they have made) are to be useless to them. But to supply these studies, they are to be sworn to obey all the rules, orders, and instructions which from time to time they are to receive from the National Assembly. These if they submit to, they leave no ground of law to the subject. They become complete and most dangerous instruments in the hands of the governing power which, in the midst of a cause or on the prospect of it, may wholly change the rule of decision. If these orders of the National Assembly come to be contrary to the will of the people, who locally choose judges, such confusion must happen as is terrible to think of. For the judges owe their places to the local authority, and the commands they are sworn to obey come from those who have no share in their appointment. In the meantime they have the example of the court of Chatelet to encourage and guide them in the exercise of their functions. That court is to try criminals sent to it by the National Assembly, or brought before it by other courses of delation. They sit under a guard to save their own lives. They know not by what law they judge, nor under what authority they act, nor by what tenure they hold. It is thought that they are sometimes obliged to condemn at peril of their lives. This is not perhaps certain, nor can it be ascertained; but when they acquit, we know they have seen the persons whom they discharge, with perfect impunity to the actors, hanged at the door of their court.

The Assembly indeed promises that they will form a body of law, which shall be short, simple, clear, and so forth. That is, by their short laws they will leave much to the discretion of the judge, whilst they have exploded the authority of all the learning which could make judicial discretion (a thing perilous at best) deserving the appellation of a sound discretion.

It is curious to observe that the administrative bodies are carefully exempted from the jurisdiction of these new tribunals. That is, those persons are exempted from the power of the laws who ought to be the most entirely submitted to them. Those who execute public pecuniary trusts ought of all men to be the most strictly held to their duty. One would have thought that it must have been among your earliest cares, if you did not mean that those administrative bodies should be real, sovereign, independent states, to form an awful tribunal, like your late parliaments, or like our king's bench, where all corporate officers might obtain protection in the legal exercise of their functions, and would find coercion if they trespassed against their legal duty. But the cause of the exemption is plain. These administrative bodies are the great instruments of the present leaders in their progress through democracy to oligarchy. They must, therefore, be put above the law. It will be said that the legal tribunals which you have made are unfit to coerce them. They are, undoubtedly. They are unfit for any rational purpose. It will be said, too, that the administrative bodies will be accountable to the General Assembly. This I fear is talking without much consideration of the nature of that Assembly, or of these corporations. However, to be subject to the pleasure of that Assembly is not to be subject to law either for protection or for constraint.

This establishment of judges as yet wants something to its completion. It is to be crowned by a new tribunal. This is to be a grand state judicature, and it is to judge of crimes committed against the nation, that is, against the power of the Assembly. It seems as if they had something in their view of the nature of the high court of justice erected in England during the time of the great usurpation. As they have not yet finished this part of the scheme, it is impossible to form a right judgment upon it. However, if great care is not taken to form it in a spirit very different from that which has guided them in their proceedings relative to state offenses, this tribunal, subservient to their inquisition, the Committee of Research, will extinguish the last sparks of liberty in France and settle the most dreadful and arbitrary tyranny ever known in any nation. If they wish to give to this tribunal any appearance of liberty and justice, they must not evoke from or send to it the causes relative to their own members, at their pleasure. They must also remove the seat of that tribunal out of the republic of Paris.*

* For further elucidations upon the subject of all these judicatures, and of the committee of research, see M. de Calonne's work.

HAS more wisdom been displayed in the constitution of your army than what is discoverable in your plan of judicature? The able arrangement of this part is the more difficult, and requires the greatest skill and attention, not only as the great concern in itself, but as it is the third cementing principle in the new body of republics which you call the French nation. Truly it is not easy to divine what that army may become at last. You have voted a very large one, and on good appointments, at least fully equal to your apparent means of payment. But what is the principle of its discipline, or whom is it to obey? You have got the wolf by the ears, and I wish you joy of the happy position in which you have chosen to place yourselves, and in which you are well circumstanced for a free deliberation relatively to that army or to anything else.

The minister and secretary of state for the war department is M. de la Tour du Pin. This gentleman, like his colleagues in administration, is a most zealous assertor of the revolution, and a sanguine admirer of the new constitution which originated in that event. His statement of facts, relative to the military of France, is important, not only from his official and personal authority, but because it displays very clearly the actual condition of the army in France, and because it throws light on the principles upon which the Assembly proceeds in the administration of this critical object. It may enable us to form some judgment how far it may be expedient in this country to imitate the martial policy of France.

M. de la Tour du Pin, on the fourth of last June, comes to give an account of the state of his department as it exists under the auspices of the National Assembly. No man knows it so well; no man can express it better. Addressing himself to the National Assembly, he says - His Majesty has this day sent me to apprise you of the multiplied disorders of which every day he receives the most distressing intelligence. The army (le corps militaire) threatens to fall into the most turbulent anarchy. Entire regiments have dared to violate at once the respect due to the laws, to the king, to the order established by your decrees, and to the oaths which they have taken with the most awful solemnity. Compelled by my duty to give you information of these excesses, my heart bleeds when I consider who they are that have committed them. Those against whom it is not in my power to withhold the most grievous complaints are a part of that very soldiery which to this day have been so full of honor and loyalty, and with whom, for fifty years, I have lived the comrade and the friend.

What incomprehensible spirit of delirium and delusion has all at once led them astray? Whilst you are indefatigable in establishing uniformity in the empire, and molding the whole into one coherent and consistent body; whilst the French are taught by you at once the respect which the laws owe to the rights of man, and that which the citizens owe to the laws, the administration of the army presents nothing but disturbance and confusion. I see in more than one corps the bonds of discipline relaxed or broken; the most unheard-of pretensions avowed directly and without any disguise; the ordinances without force; the chiefs without authority; the military chest and the colors carried off; the authority of the king himself (risum teneatis?) proudly defied; the officers despised, degraded, threatened, driven away, and some of them prisoners in the midst of their corps, dragging on a precarious life in the bosom of disgust and humiliation. To fill up the measure of all these horrors, the commandants of places have had their throats cut, under the eyes and almost in the arms of their own soldiers.

These evils are great; but they are not the worst consequences which may be produced by such military insurrections. Sooner or later they may menace the nation itself. The nature of things requires that the army should never act but as an instrument. The moment that, erecting itself into a deliberative body, it shall act according to its own resolutions, the government, be it what it may, will immediately degenerate into a military democracy- a species of political monster which has always ended by devouring those who have produced it.

After all this, who must not be alarmed at the irregular consultations and turbulent committees formed in some regiments by the common soldiers and non-commissioned officers without the knowledge, or even in contempt of the authority, of their superiors, although the presence and concurrence of those superiors could give no authority to such monstrous democratic assemblies (comices).

It is not necessary to add much to this finished picture- finished as far as its canvas admits, but, as I apprehend, not taking in the whole of the nature and complexity of the disorders of this military democracy which, the minister at war truly and wisely observes, wherever it exists must be the true constitution of the state, by whatever formal appellation it may pass. For though he informs the Assembly that the more considerable part of the army have not cast off their obedience, but are still attached to their duty, yet those travelers who have seen the corps whose conduct is the best rather observe in them the absence of mutiny than the existence of discipline.

I cannot help pausing here for a moment to reflect upon the expressions of surprise which this minister has let fall, relative to the excesses he relates. To him the departure of the troops from their ancient principles of loyalty and honor seems quite inconceivable. Surely those to whom he addresses himself know the causes of it but too well. They know the doctrines which they have preached, the decrees which they have passed, the practices which they have countenanced. The soldiers remember the 6th of October. They recollect the French guards. They have not forgotten the taking of the king's castles in Paris and Marseilles. That the governors in both places were murdered with impunity is a fact that has not passed out of their minds. They do not abandon the principles laid down so ostentatiously and laboriously of the equality of men. They cannot shut their eyes to the degradation of the whole noblesse of France and the suppression of the very idea of a gentleman. The total abolition of titles and distinctions is not lost upon them. But M. de la Tour du Pin is astonished at their disloyalty, when the doctors of the Assembly have taught them at the same time the respect due to laws. It is easy to judge which of the two sorts of lessons men with arms in their hands are likely to learn. As to the authority of the king, we may collect from the minister himself (if any argument on that head were not quite superfluous) that it is not of more consideration with these troops than it is with everybody else. "The king", says he, "has over and over again repeated his orders to put a stop to these excesses; but in so terrible a crisis your (the Assembly's) concurrence is become indispensably necessary to prevent the evils which menace the state. You unite to the force of the legislative power that of opinion still more important". To be sure the army can have no opinion of the power or authority of the king. Perhaps the soldier has by this time learned that the Assembly itself does not enjoy a much greater degree of liberty than that royal figure.

It is now to be seen what has been proposed in this exigency, one of the greatest that can happen in a state. The minister requests the Assembly to array itself in all its terrors, and to call forth all its majesty. He desires that the grave and severe principles announced by them may give vigor to the king's proclamation. After this we should have looked for courts, civil and martial, breaking of some corps, decimating of others, and all the terrible means which necessity has employed in such cases to arrest the progress of the most terrible of all evils; particularly, one might expect that a serious inquiry would be made into the murder of commandants in the view of their soldiers. Not one word of all this or of anything like it. After they had been told that the soldiery trampled upon the decrees of the Assembly promulgated by the king, the Assembly pass new decrees, and they authorize the king to make new proclamations. After the secretary at war had stated that the regiments had paid no regard to oaths pretes avec la plus imposante solemnite, they propose- what? More oaths. They renew decrees and proclamations as they experience their insufficiency, and they multiply oaths in proportion as they weaken in the minds of men, the sanctions of religion. I hope that handy abridgments of the excellent sermons of Voltaire, d'Alembert, Diderot, and Helvetius, on the Immortality of the Soul, on a particular superintending Providence, and on a Future State of Rewards and Punishments are sent down to the soldiers along with their civic oaths. Of this I have no doubt; as I understand that a certain description of reading makes no inconsiderable part of their military exercises, and that they are full as well supplied with the ammunition of pamphlets as of cartridges.

To prevent the mischiefs arising from conspiracies, irregular consultations, seditious committees, and monstrous democratic assemblies (comitia, comices) of the soldiers, and all the disorders arising from idleness, luxury, dissipation, and insubordination, I believe the most astonishing means have been used that ever occurred to men, even in all the inventions of this prolific age. It is no less than this: the king has promulgated in circular letters to all the regiments his direct authority and encouragement that the several corps should join themselves with the clubs and confederations in the several municipalities, and mix with them in their feasts and civic entertainments! This jolly discipline, it seems, is to soften the ferocity of their minds, to reconcile them to their bottle companions of other descriptions, and to merge particular conspiracies in more general associations.* That this remedy would be pleasing to the soldiers, as they are described by M. de la Tour du Pin, I can readily believe; and that, however mutinous otherwise, they will dutifully submit themselves to these royal proclamations. But I should question whether all this civic swearing, clubbing, and feasting would dispose them, more than at present they are disposed, to an obedience to their officers, or teach them better to submit to the austere rules of military discipline. It will make them admirable citizens after the French mode, but not quite so good soldiers after any mode. A doubt might well arise whether the conversations at these good tables would fit them a great deal the better for the character of mere instruments, which this veteran officer and statesman justly observes the nature of things always requires an army to be.

* Comme sa Majeste y a reconnu, non une systeme d'associations particulieres, mais une reunion de volontes de tous les Francois pour la liberte et la prosperite communes, ainsi pour la maintien de l'ordre publique; il a pense qu'il convenoit que chaque regiment prit part a ces fetes civiques pour multiplier les rapports et reserrer les liens d'union entre les citoyens et les troupes.- Lest I should not be credited, I insert the words, authorizing the troops to feast with the popular confederacies.

Concerning the likelihood of this improvement in discipline by the free conversation of the soldiers with municipal festive societies, which is thus officially encouraged by royal authority and sanction, we may judge by the state of the municipalities themselves, furnished to us by the war minister in this very speech. He conceives good hopes of the success of his endeavors toward restoring order for the present from the good disposition of certain regiments, but he finds something cloudy with regard to the future. As to preventing the return of confusion, for this the administration (says he) cannot be answerable to you as long as they see the municipalities arrogate to themselves an authority over the troops which your institutions have reserved wholly to the monarch. You have fixed the limits of the military authority and the municipal authority. You have bounded the action which you have permitted to the latter over the former to the right of requisition, but never did the letter or the spirit of your decrees authorize the commons in these municipalities to break the officers, to try them, to give orders to the soldiers, to drive them from the posts committed to their guard, to stop them in their marches ordered by the king, or, in a word, to enslave the troops to the caprice of each of the cities or even market towns through which they are to pass.

Such is the character and disposition of the municipal society which is to reclaim the soldiery, to bring them back to the true principles of military subordination, and to render them machines in the hands of the supreme power of the country! Such are the distempers of the French troops! Such is their cure! As the army is, so is the navy. The municipalities supersede the orders of the Assembly, and the seamen in their turn supersede the orders of the municipalities. From my heart I pity the condition of a respectable servant of the public like this war minister, obliged in his old age to pledge the Assembly in their civic cups, and to enter with a hoary head into all the fantastic vagaries of these juvenile politicians. Such schemes are not like propositions coming from a man of fifty years' wear and tear amongst mankind. They seem rather such as ought to be expected from those grand compounders in politics who shorten the road to their degrees in the state and have a certain inward fanatical assurance and illumination upon all subjects, upon the credit of which one of their doctors has thought fit, with great applause, and greater success, to caution the Assembly not to attend to old men or to any persons who valued themselves upon their experience. I suppose all the ministers of state must qualify and take this test- wholly abjuring the errors and heresies of experience and observation. Every man has his own relish. But I think if I could not attain to the wisdom, I would at least preserve something of the stiff and peremptory dignity of age. These gentlemen deal in regeneration; but at any price I should hardly yield my rigid fibers to be regenerated by them, nor begin, in my grand climacteric, to squall in their new accents or to stammer, in my second cradle, the elemental sounds of their barbarous metaphysics.* Si isti mihi largiantur ut repuerascam, et in eorum cunis vagiam, valde recusem!

* This war minister has since quitted the school and resigned his office.

The imbecility of any part of the puerile and pedantic system, which they call a constitution, cannot be laid open without discovering the utter insufficiency and mischief of every other part with which it comes in contact, or that bears any the remotest relation to it. You cannot propose a remedy for the incompetence of the crown without displaying the debility of the Assembly. You cannot deliberate on the confusion of the army of the state without disclosing the worse disorders of the armed municipalities. The military lays open the civil, and the civil betrays the military, anarchy. I wish everybody carefully to peruse the eloquent speech (such it is) of M. de la Tour du Pin. He attributes the salvation of the municipalities to the good behavior of some of the troops. These troops are to preserve the well-disposed part of those municipalities, which is confessed to be the weakest, from the pillage of the worst-disposed, which is the strongest. But the municipalities affect a sovereignty and will command those troops which are necessary for their protection. Indeed they must command them or court them. The municipalities, by the necessity of their situation, and by the republican powers they have obtained, must, with relation to the military, be the masters, or the servants, or the confederates, or each successively; or they must make a jumble of all together, according to circumstances. What government is there to coerce the army but the municipality, or the municipality but the army? To preserve concord where authority is extinguished, at the hazard of all consequences, the Assembly attempts to cure the distempers by the distempers themselves; and they hope to preserve themselves from a purely military democracy by giving it a debauched interest in the municipal.

If the soldiers once come to mix for any time in the municipal clubs, cabals, and confederacies, an elective attraction will draw them to the lowest and most desperate part. With them will be their habits, affections, and sympathies. The military conspiracies, which are to be remedied by civic confederacies; the rebellious municipalities, which are to be rendered obedient by furnishing them with the means of seducing the very armies of the state that are to keep them in order; all these chimeras of a monstrous and portentous policy must aggravate the confusion from which they have arisen. There must be blood. The want of common judgment manifested in the construction of all their descriptions of forces and in all their kinds of civil and judicial authorities will make it flow. Disorders may be quieted in one time and in one part. They will break out in others, because the evil is radical and intrinsic. All these schemes of mixing mutinous soldiers with seditious citizens must weaken still more and more the military connection of soldiers with their officers, as well as add military and mutinous audacity to turbulent artificers and peasants. To secure a real army, the officer should be first and last in the eye of the soldier; first and last in his attention, observance, and esteem. Officers it seems there are to be, whose chief qualification must be temper and patience. They are to manage their troops by electioneering arts. They must bear themselves as candidates, not as commanders. But as by such means power may be occasionally in their hands, the authority by which they are to be nominated becomes of high importance.

What you may do finally does not appear, nor is it of much moment whilst the strange and contradictory relation between your army and all the parts of your republic, as well as the puzzled relation of those parts to each other and to the whole, remain as they are. You seem to have given the provisional nomination of the officers in the first instance to the king, with a reserve of approbation by the National Assembly. Men who have an interest to pursue are extremely sagacious in discovering the true seat of power. They must soon perceive that those who can negative indefinitely in reality appoint. The officers must, therefore, look to their intrigues in that Assembly as the sole certain road to promotion. Still, however, by your new constitution they must begin their solicitation at court. This double negotiation for military rank seems to me a contrivance as well adapted, as if it were studied for no other end, to promote faction in the Assembly itself, relative to this vast military patronage, and then to poison the corps of officers with factions of a nature still more dangerous to the safety of government, upon any bottom on which it can be placed, and destructive in the end to the efficiency of the army itself. Those officers who lose the promotions intended for them by the crown must become of a faction opposite to that of the Assembly, which has rejected their claims, and must nourish discontents in the heart of the army against the ruling powers. Those officers, on the other hand, who, by carrying their point through an interest in the Assembly, feel themselves to be at best only second in the good will of the crown, though first in that of the Assembly, must slight an authority which would not advance and could not retard their promotion. If to avoid these evils you will have no other rule for command or promotion than seniority, you will have an army of formality; at the same time it will become more independent and more of a military republic. Not they, but the king is the machine. A king is not to be deposed by halves. If he is not everything in the command of an army, he is nothing. What is the effect of a power placed nominally at the head of the army who to that army is no object of gratitude or of fear? Such a cipher is not fit for the administration of an object, of all things the most delicate, the supreme command of military men. They must be constrained (and their inclinations lead them to what their necessities require) by a real, vigorous, effective, decided, personal authority. The authority of the Assembly itself suffers by passing through such a debilitating channel as they have chosen. The army will not long look to an assembly acting through the organ of false show and palpable imposition. They will not seriously yield obedience to a prisoner. They will either despise a pageant, or they will pity a captive king. This relation of your army to the crown will, if I am not greatly mistaken, become a serious dilemma in your politics.

It is, besides, to be considered whether an assembly like yours, even supposing that it was in possession of another sort of organ through which its orders were to pass, is fit for promoting the obedience and discipline of an army. It is known that armies have hitherto yielded a very precarious and uncertain obedience to any senate or popular authority; and they will least of all yield it to an assembly which is only to have a continuance of two years. The officers must totally lose the characteristic disposition of military men if they see with perfect submission and due admiration the dominion of pleaders; especially when they find that they have a new court to pay to an endless succession of those pleaders, whose military policy, and the genius of whose command (if they should have any), must be as uncertain as their duration is transient. In the weakness of one kind of authority, and in the fluctuation of all, the officers of an army will remain for some time mutinous and full of faction until some popular general, who understands the art of conciliating the soldiery, and who possesses the true spirit of command, shall draw the eyes of all men upon himself. Armies will obey him on his personal account. There is no other way of securing military obedience in this state of things. But the moment in which that event shall happen, the person who really commands the army is your master- the master (that is little) of your king, the master of your Assembly, the master of your whole republic.

How came the Assembly by their present power over the army? Chiefly, to be sure, by debauching the soldiers from their officers. They have begun by a most terrible operation. They have touched the central point about which the particles that compose armies are at repose. They have destroyed the principle of obedience in the great, essential, critical link between the officer and the soldier, just where the chain of military subordination commences and on which the whole of that system depends. The soldier is told he is a citizen and has the rights of man and citizen. The right of a man, he is told, is to be his own governor and to be ruled only by those to whom he delegates that self-government. It is very natural he should think that he ought most of all to have his choice where he is to yield the greatest degree of obedience. He will therefore, in all probability, systematically do what he does at present occasionally; that is, he will exercise at least a negative in the choice of his officers. At present the officers are known at best to be only permissive, and on their good behavior. In fact, there have been many instances in which they have been cashiered by their corps. Here is a second negative on the choice of the king- a negative as effectual at least as the other of the Assembly. The soldiers know already that it has been a question, not ill received in the National Assembly, whether they ought not to have the direct choice of their officers, or some proportion of them? When such matters are in deliberation it is no extravagant supposition that they will incline to the opinion most favorable to their pretensions. They will not bear to be deemed the army of an imprisoned king whilst another army in the same country, with whom, too, they are to feast and confederate, is to be considered as the free army of a free constitution. They will cast their eyes on the other and more permanent army; I mean the municipal. That corps, they well know, does actually elect its own officers. They may not be able to discern the grounds of distinction on which they are not to elect a Marquis de la Fayette (or what is his new name?) of their own. If this election of a commander-in-chief be a part of the rights of men, why not of theirs? They see elective justices of peace, elective judges, elective curates, elective bishops, elective municipalities, and elective commanders of the Parisian army- why should they alone be excluded? Are the brave troops of France the only men in that nation who are not the fit judges of military merit and of the qualifications necessary for a commander-in-chief? Are they paid by the state and do they, therefore, lose the rights of men? They are a part of that nation themselves and contribute to that pay. And is not the king, is not the National Assembly, and are not all who elect the National Assembly, likewise paid? Instead of seeing all these forfeit their rights by their receiving a salary, they perceive that in all these cases a salary is given for the exercise of those rights. All your resolutions, all your proceedings, all your debates, all the works of your doctors in religion and politics have industriously been put into their hands, and you expect that they will apply to their own case just as much of your doctrines and examples as suits your pleasure.

EVERYTHING depends upon the army in such a government as yours, for you have industriously destroyed all the opinions and prejudices and, as far as in you lay, all the instincts which support government. Therefore, the moment any difference arises between your National Assembly and any part of the nation, you must have recourse to force. Nothing else is left to you, or rather you have left nothing else to yourselves. You see, by the report of your war minister, that the distribution of the army is in a great measure made with a view of internal coercion.* You must rule by an army; and you have infused into that army by which you rule, as well as into the whole body of the nation, principles which after a time must disable you in the use you resolve to make of it. The king is to call out troops to act against his people, when the world has been told, and the assertion is still ringing in our ears, that troops ought not to fire on citizens. The colonies assert to themselves an independent constitution and a free trade. They must be constrained by troops. In what chapter of your code of the rights of men are they able to read that it is a part of the rights of men to have their commerce monopolized and restrained for the benefit of others? As the colonists rise on you, the Negroes rise on them. Troops again- massacre, torture, hanging! These are your rights of men! These are the fruits of metaphysic declarations wantonly made, and shamefully retracted! It was but the other day that the farmers of land in one of your provinces refused to pay some sort of rents to the lord of the soil. In consequence of this, you decree that the country people shall pay all rents and dues, except those which as grievances you have abolished; and if they refuse, then you order the king to march troops against them. You lay down metaphysic propositions which infer universal consequences, and then you attempt to limit logic by despotism. The leaders of the present system tell them of their rights, as men, to take fortresses, to murder guards, to seize on kings without the least appearance of authority even from the Assembly, whilst, as the sovereign legislative body, that Assembly was sitting in the name of the nation- and yet these leaders presume to order out the troops which have acted in these very disorders, to coerce those who shall judge on the principles, and follow the examples, which have been guaranteed by their own approbation.

* Courier Francois, 30th July, 1790. Assemblee Nationale, Numero 210.

The leaders teach the people to abhor and reject all feudality as the barbarism of tyranny, and they tell them afterwards how much of that barbarous tyranny they are to bear with patience. As they are prodigal of light with regard to grievances, so the people find them sparing in the extreme with regard to redress. They know that not only certain quitrents and personal duties, which you have permitted them to redeem (but have furnished no money for the redemption), are as nothing to those burdens for which you have made no provision at all. They know that almost the whole system of landed property in its origin is feudal; that it is the distribution of the possessions of the original proprietors, made by a barbarous conqueror to his barbarous instruments; and that the most grievous effects of the conquest are the land rents of every kind, as without question they are.

The peasants, in all probability, are the descendants of these ancient proprietors, Romans or Gauls. But if they fail, in any degree, in the titles which they make on the principles of antiquaries and lawyers, they retreat into the citadel of the rights of men. There they find that men are equal; and the earth, the kind and equal mother of all, ought not to be monopolized to foster the pride and luxury of any men, who by nature are no better than themselves, and who, if they do not labor for their bread, are worse. They find that by the laws of nature the occupant and subduer of the soil is the true proprietor; that there is no prescription against nature; and that the agreements (where any there are) which have been made with the landlords, during the time of slavery, are only the effect of duress and force; and that when the people reentered into the rights of men, those agreements were made as void as everything else which had been settled under the prevalence of the old feudal and aristocratic tyranny. They will tell you that they see no difference between an idler with a hat and a national cockade and an idler in a cowl or in a rochet. If you ground the title to rents on succession and prescription, they tell you from the speech of M. Camus, published by the National Assembly for their information, that things ill begun cannot avail themselves of prescription; that the title of these lords was vicious in its origin; and that force is at least as bad as fraud. As to the title by succession, they will tell you that the succession of those who have cultivated the soil is the true pedigree of property, and not rotten parchments and silly substitutions; that the lords have enjoyed their usurpation too long; and that if they allow to these lay monks any charitable pension, they ought to be thankful to the bounty of the true proprietor, who is so generous toward a false claimant to his goods.

When the peasants give you back that coin of sophistic reason on which you have set your image and superscription, you cry it down as base money and tell them you will pay for the future with French guards, and dragoons, and hussars. You hold up, to chastise them, the second-hand authority of a king, who is only the instrument of destroying, without any power of protecting either the people or his own person. Through him it seems you will make yourselves obeyed. They answer: You have taught us that there are no gentlemen, and which of your principles teach us to bow to kings whom we have not elected? We know without your teaching that lands were given for the support of feudal dignities, feudal titles, and feudal offices. When you took down the cause as a grievance, why should the more grievous effect remain? As there are now no hereditary honors, and no distinguished families, why are we taxed to maintain what you tell us ought not to exist? You have sent down our old aristocratic landlords in no other character, and with no other title, but that of exactors under your authority. Have you endeavored to make these your rent-gatherers respectable to us? No. You have sent them to us with their arms reversed, their shields broken, their impresses defaced; and so displumed, degraded, and metamorphosed, such unfeathered two-legged things, that we no longer know them. They are strangers to us. They do not even go by the names of our ancient lords. Physically they may be the same men, though we are not quite sure of that, on your new philosophic doctrines of personal identity. In all other respects they are totally changed. We do not see why we have not as good a right to refuse them their rents as you have to abrogate all their honors, titles, and distinctions. This we have never commissioned you to do; and it is one instance, among many indeed, of your assumption of undelegated power. We see the burghers of Paris, through their clubs, their mobs, and their national guards, directing you at their pleasure and giving that as law to you which, under your authority, is transmitted as law to us. Through you these burghers dispose of the lives and fortunes of us all. Why should not you attend as much to the desires of the laborious husbandman with regard to our rent, by which we are affected in the most serious manner, as you do to the demands of these insolent burghers, relative to distinctions and titles of honor, by which neither they nor we are affected at all? But we find you pay more regard to their fancies than to our necessities. Is it among the rights of man to pay tribute to his equals? Before this measure of yours, we might have thought we were not perfectly equal. We might have entertained some old, habitual, unmeaning prepossession in favor of those landlords; but we cannot conceive with what other view than that of destroying all respect to them, you could have made the law that degrades them. You have forbidden us to treat them with any of the old formalities of respect, and now you send troops to saber and to bayonet us into a submission to fear and force, which you did not suffer us to yield to the mild authority of opinion.

The ground of some of these arguments is horrid and ridiculous to all rational ears, but to the politicians of metaphysics who have opened schools for sophistry and made establishments for anarchy, it is solid and conclusive. It is obvious that, on a mere consideration of the right, the leaders in the Assembly would not in the least have scrupled to abrogate the rents along with the title and family ensigns. It would be only to follow up the principle of their reasonings and to complete the analogy of their conduct. But they had newly possessed themselves of a great body of landed property by confiscation. They had this commodity at market; and the market would have been wholly destroyed if they were to permit the husbandmen to riot in the speculations with which they so freely intoxicated themselves. The only security which property enjoys in any one of its descriptions is from the interests of their rapacity with regard to some other. They have left nothing but their own arbitrary pleasure to determine what property is to be protected and what subverted.

Neither have they left any principle by which any of their municipalities can be bound to obedience, or even conscientiously obliged not to separate from the whole to become independent, or to connect itself with some other state. The people of Lyons, it seems, have refused lately to pay taxes. Why should they not? What lawful authority is there left to exact them? The king imposed some of them. The old states, methodized by orders, settled the more ancient. They may say to the Assembly: who are you, that are not our kings, nor the states we have elected, nor sit on the principles on which we have elected you? And who are we, that when we see the gabelles, which you have ordered to be paid, wholly shaken off, when we see the act of disobedience afterwards ratified by yourselves - who are we, that we are not to judge what taxes we ought or ought not to pay, and are not to avail ourselves of the same powers, the validity of which you have approved in others? To this the answer is, We will send troops. The last reason of kings is always the first with your Assembly. This military aid may serve for a time, whilst the impression of the increase of pay remains, and the vanity of being umpires in all disputes is flattered. But this weapon will snap short, unfaithful to the hand that employs it. The Assembly keep a school where, systematically, and with unremitting perseverance, they teach principles and form regulations destructive to all spirit of subordination, civil and military- and then they expect that they shall hold in obedience an anarchic people by an anarchic army.

The municipal army which, according to the new policy, is to balance this national army, if considered in itself only, is of a constitution much more simple, and in every respect less exceptionable. It is a mere democratic body, unconnected with the crown or the kingdom, armed and trained and officered at the pleasure of the districts to which the corps severally belong, and the personal service of the individuals who compose, or the fine in lieu of personal service, are directed by the same authority.* Nothing is more uniform. If, however, considered in any relation to the crown, to the National Assembly, to the public tribunals, or to the other army, or considered in a view to any coherence or connection between its parts, it seems a monster, and can hardly fail to terminate its perplexed movements in some great national calamity. It is a worse preservative of a general constitution than the systasis of Crete, or the confederation of Poland, or any other ill-devised corrective which has yet been imagined in the necessities produced by an ill-constructed system of government.

* I see by M. Necker's account that the national guards of Paris have received, over and above the money levied within their own city, about L145,000 sterling out of the public treasures. Whether this be an actual payment for the nine months of their existence or an estimate of their yearly charge, I do not clearly perceive. It is of no great importance, as certainly they may take whatever they please.

Having concluded my few remarks on the constitution of the supreme power, the executive, the judicature, the military, and on the reciprocal relation of all these establishments, I shall say something of the ability shown by your legislators with regard to the revenue.

IN THEIR PROCEEDINGS relative to this object, if possible, still fewer traces appear of political judgment or financial resource. When the states met, it seemed to be the great object to improve the system of revenue, to enlarge its collection, to cleanse it of oppression and vexation, and to establish it on the most solid footing. Great were the expectations entertained on that head throughout Europe. It was by this grand arrangement that France was to stand or fall; and this became, in my opinion, very properly the test by which the skill and patriotism of those who ruled in that Assembly would be tried. The revenue of the state is the state. In effect, all depends upon it, whether for support or for reformation. The dignity of every occupation wholly depends upon the quantity and the kind of virtue that may be exerted in it. As all great qualities of the mind which operate in public, and are not merely suffering and pas