Life of Napoleon Bonaparte. Volume I. Вальтер Скотт

of high treason against the nation.

      Their firmness, joined to the inviolability with which they had invested themselves, and the commotions which had broken out at Paris, compelled the King to give way, and renounce his purpose of dissolving the states, which continued their sittings under their new title of the National Assembly; while at different intervals, and by different manœuvres, the Chambers of the Clergy and Nobles were united with them, or, more properly, were merged and absorbed in one general body. Had that Assembly been universally as pure in its intentions as we verily believe to have been the case with many or most of its members, the French government, now lying dead at their feet, might, like the clay of Prometheus, have received new animation from their hand.

      But the National Assembly, though almost unanimous in resisting the authority of the crown, and in opposing the claims of the privileged classes, was much divided respecting ulterior views, and carried in its bosom the seeds of internal dissension, and the jarring elements of at least FOUR parties, which had afterwards their successive entrance and exit on the revolutionary stage; or rather, one followed the other like successive billows, each obliterating and destroying the marks its predecessor had left on the beach.

      PARTIES OF THE ASSEMBLY.

      The First and most practical division of these legislators, was the class headed by Mounier,78 one of the wisest, as well as one of the best and worthiest men in France, – by Malouet,79 and others. They were patrons of a scheme at which we have already hinted, and they thought France ought to look for some of the institutions favourable to freedom, to England, whose freedom had flourished so long. To transplant the British oak, with all its contorted branches and extended roots, would have been a fruitless attempt, but the infant tree of liberty might have been taught to grow after the same fashion. Modern France, like England of old, might have retained such of her own ancient laws, forms, or regulations, as still were regarded by the nation with any portion of respect, intermingling them with such additions and alterations as were required by the liberal spirit of modern times, and the whole might have been formed on the principles of British freedom. The nation might thus, in building its own bulwarks, have profited by the plan of those which had so long resisted the tempest. It is true, the French legislature could not have promised themselves, by the adoption of this course, to form at once a perfect and entire system; but they might have secured the personal freedom of the subject, the trial by jury, the liberty of the press, and the right of granting or withholding the supplies necessary for conducting the state, – of itself the strongest of all guarantees for national freedom, and that of which, when once vested in their own representatives, the people will never permit them to be deprived. They might have adopted also other checks, balances, and controls, essential to the permanence of a free country; and having laid so strong a foundation, there would have been time to experience their use as well as their stability, and to introduce gradually such further improvements, additions, or alterations, as the state of France should appear to require, after experience of those which they had adopted.

      But besides that the national spirit might be revolted, – not unnaturally, however unwisely, – at borrowing the essential peculiarities of their new constitution from a country which they were accustomed to consider as the natural rival of their own, there existed among the French a jealousy of the crown, and especially of the privileged classes, with whom they had been so lately engaged in political hostility, which disinclined the greater part of the Assembly to trust the King with much authority, or the nobles with that influence which any imitation of the English constitution must have assigned to them. A fear prevailed, that whatever privileges should be left to the King or nobles, would be so many means of attack furnished to them against the new system. Joined to this was the ambition of creating at once, and by their own united wisdom, a constitution as perfect as the armed personification of wisdom in the heathen mythology. England had worked her way, from practical reformation of abuses, into the adoption of general maxims of government. It was reserved, thought most of the National Assembly, for France, to adopt a nobler and more intellectual course, and, by laying down abstract doctrines of public right, to deduce from these their rules of practical legislation; – just as it is said, that in the French naval yards their vessels are constructed upon the principles of abstract mathematics, while those in England are, or were, chiefly built upon the more technical and mechanical rules.80 But it seems on this and other occasions to have escaped these acute reasoners, that beams and planks are subject to certain unalterable natural laws, while man is, by the various passions acting in his nature, in contradiction often to the suggestions of his understanding, as well as by the various modifications of society, liable to a thousand variations, all of which call for limitations and exceptions qualifying whatever general maxims may be adopted concerning his duties and his rights.

      All such considerations were spurned by the numerous body of the new French legislature, who resolved, in imitation of Medea, to fling into their renovating kettle every existing joint and member of their old constitution, in order to its perfect and entire renovation. This mode of proceeding was liable to three great objections. First, That the practical inferences deduced from the abstract principle were always liable to challenge by those, who, in logical language, denied the minor of the proposition, or asserted that the conclusion was irregularly deduced from the premises. Secondly, That the legislators, thus grounding the whole basis of their intended constitution upon speculative political opinions, strongly resembled the tailors of Laputa, who, without condescending to take measure of their customers, like brethren of the trade elsewhere, took the girth and altitude of the person by mathematical calculation, and if the clothes did not fit, as was almost always the case, thought it ample consolation for the party concerned to be assured, that, as they worked from infallible rules of art, the error could only be occasioned by his own faulty and irregular conformation of figure. Thirdly, A legislature which contents itself with such a constitution as is adapted to the existing state of things, may hope to attain their end, and in presenting it to the people, may be entitled to say, that, although the plan is not perfect, it partakes in that but of the nature of all earthly institutions, while it comprehends the elements of as much good as the actual state of society permits; but from the lawmakers, who begin by destroying all existing enactments, and assume it as their duty entirely to renovate the constitution of a country, nothing short of absolute perfection can be accepted. They can shelter themselves under no respect to ancient prejudices which they have contradicted, or to circumstances of society which they have thrown out of consideration. They must follow up to the uttermost the principle they have adopted, and their institutions can never be fixed or secure from the encroachments of succeeding innovators, while they retain any taint of that fallibility to which all human inventions are necessarily subject.

      The majority of the French Assembly entertained, nevertheless, the ambitious view of making a constitution, corresponding in every respect to those propositions they had laid down as embracing the rights of man, which, if it should not happen to suit the condition of their country, would nevertheless be such as ought to have suited it, but for the irregular play of human passions, and the artificial habits acquired in an artificial state of society. But this majority differed among themselves in this essential particular, that the SECOND division of the legislature, holding that of Mounier for the first, was disposed to place at the head of their newly-manufactured government the reigning King, Louis XVI. This resolution in his favour might be partly out of regard to the long partiality of the nation to the House of Bourbon, partly out of respect for the philanthropical and accommodating character of Louis. We may conceive also, that La Fayette, bred a soldier, and Bailli, educated a magistrate, had still, notwithstanding their political creed, a natural though unphilosophical partiality to their well-meaning and ill-fated sovereign, and a conscientious desire to relax, so far as his particular interest was concerned, their general rule of reversing all that had previously had a political existence in France.

      REPUBLICANS.

      A THIRD faction, entertaining the same articles of political creed with La Fayette, Bailli, and others, carried them much farther, and set at defiance the scruples which limited the two first parties in their career of reformation. These last agreed with La Fayette on the necessity of reconstructing the whole government upon a new basis,

78

Mounier was born at Grenoble in 1758. He quitted France in 1790, but returned in 1802. He afterwards became one of Napoleon's counsellors of state in 1806.

79

Malouet was born at Riom in 1740. To escape the massacres of September, 1790, he fled to England; but returned to France in 1801, and, in 1810, was appointed one of Napoleon's counsellors of state. He died in 1814.

80

"Abstract science will not enable a man to become a ship-wright. The French are perhaps the worst ship-wrights in all Europe, but they are confessedly among the first and best theorists in naval architecture, and it is one of those unaccountable phenomena in the history of man, that they never attempted to combine the two. Happily the English have hit upon that expedient." – Barrow.