France, accordingly, in the three years which follow the taking of the Bastille, presents a strange spectacle. In the words we find charity and in the laws symmetry; while the actual events present a spectacle of disorder and violence. Afar, is the reign of philosophy; close up is the chaos of the Carlovingian era.
"Foreigners," remarks an observer,3113 "are not aware that, with a great extension of political rights, the liberty of the individual is in law reduced to nothing, while in practice it is subject to the caprice of sixty thousand constitutional assemblies; that no citizen enjoys any protection against the annoyances of these popular assemblies; that, according to the opinions which they entertain of persons and things, they act in one place in one way and in another place in another way. Here, a department, acting for itself and without referring elsewhere, puts an embargo on vessels, while another orders the expulsion of a military detachment essential for the security of places devastated by ruffians; and the minister, who responds to the demands of those interested, replies: 'Such are the orders of the department.' Elsewhere are administrative bodies which, the moment the Assembly decrees relief of consciences and the freedom of nonjuring priests, order the latter out of their homes within 24 hours. Always in advance of or lagging behind the laws; alternately bold and cowardly; daring all things when seconded by public license, and daring nothing to repress it; eager to abuse their momentary authority against the weak in order to acquire titles to popularity in the future; incapable of maintaining order except at the expense of public safety and tranquility; entangled in the reins of their new and complex administration, adding the fury of passion to incapacity and inexperience; such are, for the most part, the men sprung from nothing, void of ideas and drunk with pretension, on whom now rests responsibility for public powers and resources, the interest of security, and the foundations of the power of government. In all sections of the nation, in every branch of the administration, in every report, we detect the confusion of authorities, the uncertainty of obedience, the dissolution of all restraints, the absence of all resources, the deplorable complication of enervated springs, without any of the means of real power, and, for their sole support, laws which, in supposing France to be peopled with men without vices or passions, abandon humanity to its primitive state of independence."
A few months after this, in the beginning of 1792, Malouet sums up all in one phrase:
"It is the Government of Algiers without the Dey."
II.—Independence of the municipalities.
The causes of their initiative.—Sentiment of danger.
—Issy-l'Evêque in 1789.—Exalted pride.—Brittany in 1790.
—Usurpations of the municipalities.—Capture of the
citadels.—Violence increased against their commanders.
—Stoppage of convoys.—Powerlessness of the Directories and
the ministers.—Marseilles in 1790.
Things could not work otherwise. For, before the 6th of October, and the King's captivity in Paris, the Government had already been destroyed. Now, through the successive decrees of the Assembly, it is legally done away with, and each local group is left to itself.—The intendants have fled, military commanders are not obeyed, the bailiwicks dare hold no courts, the parliaments are suspended, and seven months elapse before the district and department administrations are elected, a year before the new judgeships are instituted, while afterwards, as well as before, the real power is in the hands of the communes.—The commune must arm itself, appoint its own chiefs, provide its own supplies, protect itself against brigands, and feed its own poor. It has to sell its national property, install the constitutional priest, and, amidst so many eager passions and injured interest, accomplish the transformation by which a new society replaces the ancient one. It alone has to ward off the perpetual and constantly reviving dangers which assail it or which it imagines. These are great, and it exaggerates them. It is inexperienced and alarmed. It is not surprising that, in the exercise of its extemporized power, it should pass beyond its natural or legal limit, and without being aware of it, overstep the metaphysical line which the Constitution defines between its rights and the rights of the State. Neither hunger, fear, rage, nor any of the popular passions can wait; there is no time to refer to Paris. Action is necessary, immediate action, and, with the means at hand, they must save themselves as well as they can. This or that mayor of a village is soon to find himself a general and a legislator. This or that petty town is to give itself a charter like Laon or Vezelay in the twelfth century. "On the 6th of October, 1789,3114 near Autun, the market-town of Issy-l'Evêque declares itself an independent State. The parish assembly is convoked by the priest, M. Carion, who is appointed member of the administrative committee and of the new military staff. In full session he secures the adoption of a complete code, political, judiciary, penal and military, consisting of sixty articles. Nothing is overlooked; we find ordinances concerning
"the town police, the laying out of streets and public squares, the repairs of prisons, the road taxes and price of grain, the administration of justice, fines, confiscations, and the diet of the National Guards."
He is a provincial Solon,3115 zealous for the public welfare, and a man of executive power, he expounds his ordinances from the pulpit, and threatens the refractory. He passes decrees and renders judgments in the town-hall: outside the town limits, at the head of the National Guard, saber in hand, he will enforce his own decisions. He causes it to be decided that, on the written order of the committee, every citizen may be imprisoned. He imposes and collects taxes; he has boundary walls torn down; he goes in person to the houses of cultivators and makes requisitions for grain; he seizes the convoys which have not deposited their quote in his own richly stored granaries. One day, preceded by a drummer, he marches outside the walls, makes proclamation of "his agrarian laws," and proceeds at once to the partition of the territory, and, by virtue of the ancient communal or church property rights, to assign to himself a portion of it. All this is done in public and consciously, the notary and the scrivener being called in to draw up the official record of his acts; he is satisfied that human society has come to an end, and that each local group has the right to begin over again and apply in its own way the Constitution which it has accorded to itself without reference to anybody else.—This man, undoubtedly, talks too loudly, an proceeds too quickly; and first the bailiwick, next the Châtelet, and afterwards the National Assembly temporarily put a stop to his proceedings; but his principle is a popular one, and the forty thousand communes of France are about to act like so many distinct republics, under the sentimental and constantly more powerless reprimands of the central authority.
Excited and invigorated by a new sentiment, men now abandon themselves to the proud consciousness of their own power and independence. Nowhere is greater satisfaction found than among the new local chiefs, the municipal officers and commanders of the National Guard, for never before has such supreme authority and such great dignity fallen upon men previously so submissive and so insignificant.—Formerly the subordinates of an intendant or sub-delegate, appointed, maintained, and ill-used by him, kept aloof from transactions of any importance, unable to defend themselves except by humble protestations against the aggravation of taxation, concerned with precedence and the conflicts of etiquette,3116 plain townspeople or peasants who never dreamt of interfering in military matters, henceforth become sovereigns in all military and civil affairs. This or that mayor or syndic of a little town or parish, a petty bourgeois or villager in a blouse, whom the intendant or military commander