Buch lesen: «Lectures on the French Revolution», Seite 3

"The great inlet by which a colour for oppression has entered into the world is by one man's pretending to determine concerning the happiness of another. I would give a full civil protection, in which I include an immunity from all disturbance of their public religious worship, and a power of teaching in schools as well as temples, to Jews, Mahometans, and even Pagans. The Christian religion itself arose without establishment, it arose even without toleration, and whilst its own principles were not tolerated, it conquered all the powers of darkness, it conquered all the powers of the world. The moment it began to depart from these principles, it converted the establishment into tyranny, it subverted its foundation from that very hour. It is the power of government to prevent much evil; it can do very little positive good in this, or perhaps in anything else. It is not only so of the State and statesman, but of all the classes and descriptions of the rich: they are the pensioners of the poor, and are maintained by their superfluity. They are under an absolute, hereditary, and indefeasible dependence on those who labour and are miscalled the poor. That class of dependent pensioners called the rich is so extremely small, that if all their throats were cut, and a distribution made of all they consume in a year, it would not give a bit of bread and cheese for one night's supper to those who labour, and who in reality feed both the pensioners and themselves. It is not in breaking the laws of commerce, which are the laws of nature and consequently the laws of God, that we are to place our hope of softening the divine displeasure. It is the law of nature, which is the law of God."

I cannot resist the inference from these passages that Burke, after 1770, underwent other influences than those of his reputed masters, the Whigs of 1688. And if we find that strain of unwonted thought in a man who afterwards gilded the old order of things and wavered as to toleration and the slave trade, we may expect that the same causes would operate in France.

When the Letters of a Pennsylvanian Farmer became known in Europe, Diderot said that it was madness to allow Frenchmen to read such things, as they could not do it without becoming intoxicated and changed into different men. But France was impressed by the event more than by the literature that accompanied it. America had made herself independent under less provocation than had ever been a motive of revolt, and the French Government had acknowledged that her cause was righteous and had gone to war for it. If the king was right in America, he was utterly wrong at home, and if the Americans acted rightly, the argument was stronger, the cause was a hundredfold better, in France itself. All that justified their independence condemned the Government of their French allies. By the principle that taxation without representation is robbery, there was no authority so illegitimate as that of Lewis XVI. The force of that demonstration was irresistible, and it produced its effect where the example of England failed. The English doctrine was repelled at the very earliest stage of the Revolution, and the American was adopted. What the French took from the Americans was their theory of revolution, not their theory of government – their cutting, not their sewing. Many French nobles served in the war, and came home republicans and even democrats by conviction. It was America that converted the aristocracy to the reforming policy, and gave leaders to the Revolution. "The American Revolution," says Washington, "or the peculiar light of the age, seems to have opened the eyes of almost every nation in Europe, and a spirit of equal liberty appears fast to be gaining ground everywhere." When the French officers were leaving, Cooper, of Boston, addressed them in the language of warning: "Do not let your hopes be inflamed by our triumphs on this virgin soil. You will carry our sentiments with you, but if you try to plant them in a country that has been corrupt for centuries, you will encounter obstacles more formidable than ours. Our liberty has been won with blood; you will have to shed it in torrents before liberty can take root in the old world." Adams, after he had been President of the United States, bitterly regretted the Revolution which made them independent, because it had given the example to the French; although he also believed that they had not a single principle in common.

Nothing, on the contrary, is more certain than that American principles profoundly influenced France, and determined the course of the Revolution. It is from America that Lafayette derived the saying that created a commotion at the time, that resistance is the most sacred of duties. There also was the theory that political power comes from those over whom it is exercised, and depends upon their will; that every authority not so constituted is illegitimate and precarious; that the past is more a warning than an example; that the earth belongs to those who are upon it, not to those who are underneath. These are characteristics common to both Revolutions.

At one time also the French adopted and acclaimed the American notion that the end of government is liberty, not happiness, or prosperity, or power, or the preservation of an historic inheritance, or the adaptation of national law to national character, or the progress of enlightenment and the promotion of virtue; that the private individual should not feel the pressure of public authority, and should direct his life by the influences that are within him, not around him.

And there was another political doctrine which the Americans transmitted to the French. In old colonial days the executive and the judicial powers were derived from a foreign source, and the common purpose was to diminish them. The assemblies were popular in origin and character, and everything that added to their power seemed to add security to rights. James Wilson, one of the authors and commentators of the constitution, informs us that "at the Revolution the same fond predilection, and the same jealous dislike, existed and prevailed. The executive, and the judicial as well as the legislative authority, was now the child of the people, but to the two former the people behaved like stepmothers. The legislature was still discriminated by excessive partiality." This preference, historic but irrational, led up naturally to a single chamber. The people of America and their delegates in Congress were of opinion that a single Assembly was every way adequate to the management of their federal concerns, and when the Senate was invented, Franklin strongly objected. "As to the two chambers," he wrote, "I am of your opinion that one alone would be better; but, my dear friend, nothing in human affairs and schemes is perfect, and perhaps this is the case of our opinions."

Alexander Hamilton was the ablest as well as the most conservative of the American statesmen. He longed for monarchy, and he desired to establish a national government and to annihilate state rights. The American spirit, as it penetrated France, cannot well be described better than it was by him: "I consider civil liberty, in a genuine, unadulterated sense, as the greatest of terrestrial blessings. I am convinced that the whole human race is entitled to it, and that it can be wrested from no part of them without the blackest and most aggravated guilt. The sacred rights of mankind are not to be rummaged for among old parchments or musty records. They are written, as with a sunbeam, in the whole volume of human nature, by the hand of the Divinity itself, and can never be erased or obscured by mortal power."

But when we speak in the gross of the American Revolution we combine different and discordant things. From the first agitation in 1761 to the Declaration of Independence, and then to the end of the war in 1782, the Americans were aggressive, violent in their language, fond of abstractions, prolific of doctrines universally applicable and universally destructive. It is the ideas of those earlier days that roused the attention of France, and were imported by Lafayette, Noailles, Lameth, and the leaders of the future revolution who had beheld the lowering of the British flag at Yorktown. The America of their experience was the America of James Otis, of Jefferson, of The Rights of Man.

A change followed in 1787, when the Convention drew up the Constitution. It was a period of construction, and every effort was made, every scheme was invented, to curb the inevitable democracy. The members of that assembly were, on the whole, eminently cautious and sensible men. They were not men of extraordinary parts, and the genius of Hamilton failed absolutely to impress them. Some of their most memorable contrivances proceeded from no design, but were merely half measures and mutual concessions. Seward has pointed out this distinction between the revolutionary epoch and the constituent epoch that succeeded: "The rights asserted by our forefathers were not peculiar to themselves. They were the common rights or mankind. The basis of the Constitution was laid broader by far than the superstructure which the conflicting interests and prejudices of the day suffered to be erected. The Constitution and laws of the Federal Government did not practically extend those principles throughout the new system of government; but they were plainly promulgated in the Declaration of Independence."

Now, although France was deeply touched by the American Revolution, it was not affected by the American Constitution. It underwent the disturbing influence, not the conservative.

The Constitution, framed in the summer of 1787, came into operation in March 1789, and nobody knew how it worked, when the crisis came in France. The debates, which explain every intention and combination, remained long hidden from the world. Moreover, the Constitution has become something more than the original printed paper. Besides amendments, it has been interpreted by the courts, modified by opinion, developed in some directions, and tacitly altered in others. Some of its most valued provisions have been acquired in this way, and were not yet visible when the French so greatly needed the guiding lessons of other men's experience. Some of the restrictions on the governing power were not fully established at first.

The most important of these is the action of the Supreme Court in annulling unconstitutional laws. The Duke of Wellington said to Bunsen that by this institution alone the United States made up for all the defects of their government. Since Chief Justice Marshall, the judiciary undoubtedly obtained immense authority, which Jefferson, and others besides, believed to be unconstitutional; for the Constitution itself gives no such power. The idea had grown up in the States, chiefly, I think, in Virginia. At Richmond, in 1782, Judge Wythe said: "Tyranny has been sapped, the departments kept within their own spheres, the citizens protected, and general liberty promoted. But this beneficial result attains to higher perfection when, those who hold the purse and the sword differing as to the powers which each may exercise, the tribunals, who hold neither, are called upon to declare the law impartially between them, if the whole legislature – an event to be deprecated – should attempt to overleap the boundaries prescribed to them by the people, I, in administering the justice of the country, will meet the united powers at my seat in this tribunal, and, pointing to the Constitution, will say to them: 'Here is the limit of your authority; hither shall you go, but no further.'" The Virginian legislature gave way, and repealed the act.

After the Federal Constitution was drawn up, Hamilton, in the seventy-eighth number of the Federalist, argued that the power belonged to the judiciary; but it was not constitutionally recognised until 1801. "This," said Madison, "makes the judiciary department paramount, in fact, to the legislature, which was never intended, and can never be proper. In a government whose vital principle is responsibility, it never will be allowed that the legislative and executive departments should be completely subjected to the judiciary, in which that characteristic feature is so faintly seen." Wilson, on the other hand, justified the practice on the principle of the higher law: "Parliament may, unquestionably, be controlled by natural or revealed law, proceeding from divine authority. Is not this superior authority binding upon the courts of justice? When the courts of justice obey the superior authority, it cannot be said with propriety that they control the inferior one; they only declare, as it is their duty to declare, that this inferior one is controlled by the other, which is superior. They do not repeal an act of Parliament; they pronounce it void, because contrary to an overruling law." Thus the function of the judiciary to be a barrier against democracy, which, according to Tocqueville, it is destined to be, was not apparent. In the same manner religious liberty, which has become so much identified with the United States, is a thing which grew by degrees, and was not to be found imposed by the letter of the law.

The true natural check on absolute democracy is the federal system, which limits the central government by the powers reserved, and the state governments by the powers they have ceded. It is the one immortal tribute of America to political science, for state rights are at the same time the consummation and the guard of democracy. So much so that an officer wrote, a few months before Bull Run: "The people in the south are evidently unanimous in the opinion that slavery is endangered by the current of events, and it is useless to attempt to alter that opinion. As our government is founded on the will of the people, when that will is fixed our government is powerless." Those are the words of Sherman, the man who, by his march through Georgia, cut the Confederacy into two. Lincoln himself wrote, at the same time: "I declare that the maintenance inviolate of the rights of the states, and especially the right of each state to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of powers on which the perfection and endurance of our political fabric depend." Such was the force with which state rights held the minds of abolitionists on the eve of the war that bore them down.

At the Revolution there were many Frenchmen who saw in federalism the only way to reconcile liberty and democracy, to establish government on contract, and to rescue the country from the crushing preponderance of Paris and the Parisian populace. I do not mean the Girondins, but men of opinions different from theirs, and, above all, Mirabeau. He planned to save the throne by detaching the provinces from the frenzy of the capital, and he declared that the federal system is alone capable of preserving freedom in any great empire. The idea did not grow up under American influence; for no man was more opposed to it than Lafayette; and the American witness of the Revolution, Morris, denounced federalism as a danger to France.

Apart from the Constitution, the political thought of America influenced the French next to their own. And it was not all speculation, but a system for which men died, which had proved entirely practical, and strong enough to conquer all resistance, with the sanction and encouragement of Europe. It displayed to France a finished model of revolution, both in thought and action, and showed that what seemed extreme and subversive in the old world, was compatible with good and wise government, with respect for social order, and the preservation of national character and custom. The ideas which captured and convulsed the French people were mostly ready-made for them, and much that is familiar to you now, much of that which I have put before you from other than French sources, will meet us again next week with the old faces, when we come to the States-General.

III
THE SUMMONS OF THE STATES-GENERAL

The condition of France alone did not bring about the overthrow of the monarchy and the convulsion that ensued. For the sufferings of the people were not greater than they had been before; the misgovernment and oppression were less, and a successful war with England had largely wiped out the humiliations inflicted by Chatham.

But the confluence of French theory with American example caused the Revolution to break out, not in an excess of irritation and despair, but in a moment of better feeling between the nation and the king. The French were not mere reckless innovators; they were confiding followers, and many of the ideas with which they made their venture were those in which Burke agreed with Hamilton, and with his own illustrious countrymen, Adam Smith and Sir William Jones. When he said that, compared to England, the government of France was slavery, and that nothing but a revolution could restore European liberty, Frenchmen, saying the same thing, and acting upon it, were unconscious of extravagance, and might well believe that they were obeying precepts stored in the past by high and venerable authority. Beyond that common ground, they fell back on native opinion in which there was wide divergence, and an irrepressible conflict arose. We have to deal with no unlikely motives, with no unheard of theories, and, on the whole, with convinced and average men.

The States-General were convoked because there was no other way of obtaining money for the public need. The deficit was a record of bad government, and the first practical object was the readjustment of taxes. From the king's accession, the revival of the old and neglected institution had been kept before the country as a remedy, not for financial straits only, but for all the ills of France.

The imposing corporation of the judiciary had constantly opposed the Crown, and claimed to subject its acts to the judgment of the law. The higher clergy had raised objections to Turgot, to Necker, to the emancipation of Protestants; and the nobles became the most active of all the parties of reform. But the great body of the people had borne their trouble in patience. They possessed no recognised means of expressing sentiments. There was no right of public meeting, no liberty for the periodical press; and the privileged newspapers were so tightly swaddled in their official character that they had nothing to say even of an event like the oath in the Tennis Court. The feelings that stirred the multitude did not appear, unless they appeared in the shape of disorder. Without it France remained an unknown quantity. The king felt the resistance of the privileged and interested classes which was the source of his necessity, but he was not apprehensive of a national opposition. He was prepared to rely on the Third Estate with hopefulness, if not with confidence, and to pay a very high price for their support. In a certain measure their interest was the same. The penury of the State came from the fact that more than half the property of France was not taxed in its proportion, and it was essential for the government to abolish the exception, and to bring nobles and clergy to surrender their privilege, and pay like the rest. To that extent the object of the king was to do away with privilege and to introduce equality before the law. So far the Commons went along with him. They would be relieved of a heavy burden if they ceased to pay the share of those who were exempt, and rejected the time-honoured custom that the poor should bear taxation for the rich. An alliance, therefore, was indicated and natural. But the extinction of privilege, which for monarchy and democracy alike meant fiscal equality, meant for the democracy a great deal more. Besides the money which they were required to pay in behalf of the upper class and for their benefit and solace, money had to be paid to them. Apart from rent for house or land, there were payments due to them proceeding from the time, the obscure and distant time, when power went with land, and the focal landholder was the local government, the ruler and protector of the people, and was paid accordingly. And there was another category of claims, proceeding indirectly from the same historic source, consisting of commutation and compensation for ancient rights, and having therefore a legal character, founded upon contract, not upon force.

Every thinking politician knew that the first of these categories, the beneficial rights that were superfluous and oppressive, could not be maintained, and that the nobles would be made to give up not only that form of privilege which consisted in exemption from particular taxes, but that composed of superannuated demands in return for work no longer done, or value given. Those, on the other hand, which were not simply mediæval, but based upon contract, would be treated as lawful property, and would have to be redeemed. Privilege, in the eyes of the state, was the right of evading taxes. To the politician it meant, furthermore, the right of imposing taxes. For the rural democracy it had a wider significance. To them, all these privileges were products of the same principle, ruins of the same fabric. They were relics and remnants of feudalism, and feudalism meant power given to land and denied to capital and industry. It meant class government, the negation of the very idea of the state and of the nation; it meant conquest and subjugation by a foreign invader. None denied that many great families had won their spurs in the service of their country; everybody indeed knew that the noblest of all, Montmorency, bore the arms of France because, at the victory of Bouvines, where their ancestor was desperately wounded, the king laid his finger on the wound and drew with his blood the lilies upon his shield. When we come, presently, to the Abbé Sieyès, we shall see how firmly men believed that the nobles were, in the mass, Franks, Teutonic tyrants, and spoilers of the Celtic native. They intended that feudalism should not be trimmed but uprooted, as the cause of much that was infinitely odious, and as a thing absolutely incompatible with public policy, social interests, and right reason. That men should be made to bear suffering for the sake of what could only be explained by very early history and very yellow parchments was simply irrational to a generation which received its notion of life from Turgot, Adam Smith, or Franklin.

Although there were three interpretations of feudal privilege, and consequently a dangerous problem in the near future, the first step was an easy one, and consisted in the appeal by the Crown to the Commons for aid in regenerating the State. Like other princes of his time, Lewis XVI. was a reforming monarch. At his accession, his first choice of a minister was Machault, known to have entertained a vast scheme of change, to be attempted whenever the throne should be occupied by a serious prince. Later, he appointed Turgot, the most profound and thorough reformer of the century. He appointed Malesherbes, one of the weakest but one of the most enlightened of public men; and after having, at the Coronation, taken an oath to persecute, he gave office to Necker, a Protestant, an alien, and a republican. When he had begun, through Malesherbes, to remove religious disabilities, he said to him, "Now you have been a Protestant, and I declare you a Jew"; and began to prepare a measure for the relief of Jews, who, wherever they went, were forced to pay the same toll as a pig. He carried out a large and complicated scheme of law reform; and he achieved the independence of revolted America. In later days the Elector of Cologne complained to an émigré that his king's policy had been deplorable, and that, having promoted resistance to authority in the Colonies, in Holland, and in Brabant, he had no claim on the support of European monarchs.

But the impulse in the direction of liberal improvement was intermittent, and was checked by a natural diffidence and infirmity of purpose. The messenger who was to summon Machault was recalled as he mounted his horse. Turgot was sacrificed to gratify the queen. Necker's second administration would have begun a year and a half earlier, but, at the last moment, his enemies intervened. The war minister, Saint Germain, was agreeable to the king, and he wished to keep him. "But what can I do?" he wrote; "his enemies are bent on his dismissal, and I must yield to the majority." Maurepas, at his death, left a paper on which were the names of four men whom he entreated his master not to employ. Lewis bestowed the highest offices upon them all. He regarded England with the aversion with which Chatham, and at that time even Fox, looked upon France, and he went to war in the just hope of avenging the disgrace of the Seven Years' War, but from no sympathy with the American cause. When he was required to retrench his personal expenditure, he objected, and insisted that much of the loss should be made to fall on his pensioners. The liberal concessions which he allowed were in many cases made at the expense, not of the Crown, but of powers that were obstructing the Crown. By the abolition of torture he incurred no loss, but curbed the resources of opposing magistrates. When he emancipated the Protestants and made a Swiss Calvinist his principal adviser, he displeased the clergy; but he cared little for clerical displeasure. The bishops, finding that he took no notice of them, disappeared from his levée. He objected to the appointment of French cardinals. English travellers at Versailles, Romilly and Valpy, observed that he was inattentive at mass, and talked and laughed before all the court. At the Council he would fall asleep, and when the discussion was distasteful, he used to snore louder than when he slept. He said to Necker that he desired the States-General because he wanted a guide. When, in 1788, after skirmishing with magistrates and prelates, he took the memorable resolution to call in the outer people, to compel a compromise with the class that filled his court, that constituted society, that ruled opinion, it was the act of a man destitute of energy, and gifted with an uncertain and indistinct enlightenment. And Necker said, "You may lend a man your ideas, you cannot lend him your strength of will."

The enterprise was far beyond the power and quality of his mind, but the lesson of his time was not lost upon him, and he had learnt something since the days when he spoke the unchanging language of absolutism. He showed another spirit when he emancipated the serfs of the Crown, when he introduced provincial and village councils, when he pronounced that to confine local government to landowners was to offend a still larger class, when he invited assistance in reforming the criminal code in order that the result might be the work, not of experts only, but of the public. All this was genuine conviction. He was determined that the upper class should lose its fiscal privileges with as little further detriment as possible. And, to accomplish this necessary and deliberate purpose, he offered terms to the Commons of France such as no monarch ever proposed to his subjects. He declared in later days, and had a right to declare, that it was he who had taken the first step to concert with the French people a permanent constitution, the abolition of arbitrary power, of pecuniary privilege, of promotion apart from merit, of taxation without consent. When he heard that the Notables had given only one vote in favour of increased representation of the Third Estate, he said, "You can add mine." Malouet, the most high-minded and sagacious statesman of the Revolution, testifies to his sincerity, and declares that the king fully shared his opinions.

The tributary elements of a free constitution which were granted by Lewis XVI., not in consultation with deputies, not even always with public support, included religious toleration, Habeas Corpus, equal incidence of taxes, abolition of torture, decentralisation and local self-government, freedom of the press, universal suffrage, election without official candidates or influence, periodical convocation of parliament, right of voting supplies, of initiating legislation, of revising the constitution, responsibility of ministers, double representation of the Commons at the States-General. All these concessions were acts of the Crown, yielding to dictates of policy more than to popular demand. It is said that power is an object of such ardent desire to man, that the voluntary surrender of it is absurd in psychology and unknown in history. Lewis XVI. no doubt calculated the probabilities of loss and gain, and persuaded himself that his action was politic even more than generous. The Prussian envoy rightly described him in a despatch of July 31, 1789. He says that the king was willing to weaken the executive at home, in order to strengthen it abroad; if the ministers lost by a better regulated administration, the nation would gain by it in resource, and a limited authority in a more powerful state seemed preferable to absolute authority which was helpless from its unpopularity and the irreparable disorder of finance. He was resolved to submit the arbitrary government of his ancestors to the rising forces of the day. The royal initiative was pushed so far on the way to established freedom that it was exhausted, and the rest was left to the nation. As the elections were not influenced, as the instructions were not inspired, the deliberations were not guided or controlled. The king abdicated before the States-General. He assigned so much authority to the new legislature that none remained with the Crown, and its powers, thus practically suspended, were never recovered. The rival classes, that only the king could have reconciled and restrained, were abandoned to the fatal issue of a trial of strength.