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de Ville. La Fayette, with a body of grenadiers, arrived in the Champ de Mars. He was received with abuse, and execrations of "Down with La Fayette! Down with martial law!" followed by a volley of stones. The commandant gave orders to fire, and was on this occasion most promptly obeyed; for the grenadiers pouring their shot directly into the crowd, more than a hundred men lay dead at the first volley. The Champ de Mars was empty in an instant, and the constituted authority, for the first time since the Revolution commenced, remained master of a contested field. La Fayette ought to have followed up this triumph of the legal force, by giving a triumph to the law itself, in the trial and conviction of some of his prisoners, selecting particularly the agitators employed by the Club of Jacobins; but he thought he had done enough in frightening these harpies back to their dens. Some of their leaders sought and found refuge among the Republicans, which was not, in that hour of danger, very willingly granted. Marat, and many others who had been hitherto the undaunted and unwearied instigators of the rabble, were compelled to skulk in obscurity for some time after this victory of the Champ de Mars, which the Jacobins felt severely at the time, and forgot not afterwards to avenge most cruelly.2

This victory led to the triumph of the Constitutionalists in the Assembly. The united exertions of those who argued against the deposition of Louis, founding their reasoning upon that constitutional law, which declares the King inviolable in his person, overpowered the party who loudly called on the Assembly to proclaim his forfeiture, or appoint his trial. The Assembly clogged, however, the future inviolability of the King with new penalties. If the King, having accepted the constitution, should retract, they decreed he should be considered as abdicated. If he should order his army, or any part of it, to act against the nation, this should, in like manner, be deemed an act of abdication; and an abdicated monarch, it was farther decreed, should become an ordinary citizen, answerable to the laws for every act he had done since the act of abdication.

The constitution, with the royal immunity thus curtailed and maimed, was now again presented to the King, who again accepted it purely and simply, in terms which, while they excited acclamation from the Assembly, were but feebly echoed from the gallery, [September 14.] The legislators were glad to make a virtue of necessity, and complete their constitutional code, though in a precarious manner; but the hearts of the people were now decidedly alienated from the King, and, by a strange concurrence of misfortune, mixed with some errors, Louis, whose genuine and disinterested good intentions ought to have made him the darling of his subjects, had now become the object of their jealousy and detestation.

1 Mémoires de Mad. Roland, art. "Robert,"-S.-[part i., p. 157.1
2 Thiers, tom. i., p. 312.

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Upon reviewing the measures which had been adopted on the King's return to Paris, historians will probably be of opinion, that it was impolitic in the Assembly to offer the constitutional crown to Louis, and imprudent in that unhappy prince to accept it under the conditions annexed. On the former point it must be remembered, that these innovators, who had changed every thing else in the state, could, upon principle, have had no hesitation to alter the person or the dynasty of their sovereign. According to the sentiments which they had avowed, the King, as well as the Nobles and Clergy, was in their hands, as clay in that of the potter, to be used or thrown away at pleasure. The present King, in the manifesto left behind him on his flight, had protested to all Europe against the system of which he was made the head, and it was scarcely possible that his sentiments could be altered in its favour, by the circumstances attending his unwilling return from Varennes. The Assembly, therefore, acting upon their own principles, should have at once proceeded on the idea that his flight was a virtual abdication of the crown-they should have made honourable provision for a prince placed in so uncommon a situation, and suffered him to enjoy in Spain or Italy an honourable independence, so soon as the storm was ended which threatened them from abroad. In the meanwhile, the person of the King would have been a pledge in their hands, which might have given them some advantage in treating with the foreign princes of his family, and the potentates of Europe in general. The general policy of this appears so obvious, that it was probably rather the difficulty of arranging in what hands the executive authority should be lodged, than any preference of Louis XVI., which induced the Assembly again to deposit it in his hands, shorn, in a great measure, even of the limited consequence and privileges constitutionally annexed to it.1 La Fayette and his party perhaps reckoned on the King's spirit having given way, from observing how unanimously the people of France were disposed in favour of the new state of things, and may have trusted to his accommodating himself, therefore, without further resistance, to act the part of the unsubstantial pageant which the constitution assigned him.

If it was impolitic in the Constitutionalists to replace the crown upon the head of Louis, it was certainly unworthy of that monarch to accept it, unless invested with such a degree of power as might give him some actual weight and preponderance in the

1 "Mr. Fox told me in England, in 1793, that at the time of the King's departure to Varennes, he should have wished that he had been allowed to quit the kingdom in peace."-M. DE STAEL, vol. i., p. 408.

Napoleon said at St. Helena:-" The National Assembly never committed so great an error as in bringing back the King from Varennes. A fugitive and powerless, he was hastening to the frontier, and in a few hours would have been out of the French territory. What should they have done in these circumstances? Clearly facilitated his escape, and declared the throne vacant by his desertion. They would thus have avoided the infamy of a regicide government, and attained their great object of republican institutions."

system. Till his flight to Varennes, the King's dislike to the constitution was a secret in his own bosom, which might indeed be suspected from circumstances, but which could not be proved; and which, placed as he was, the King was entitled to conceal, since his real sentiments could not be avowed consistently with his personal safety. But now this veil was torn aside, and he had told all Europe in a public declaration, that he had been acting under constraint, since the time he was brought in triumph from Versailles to Paris. It would certainly have been most dignified in Louis to have stood or fallen in conformity with this declaration, made on the only occasion which he had enjoyed for such a length of time, of speaking his own free sentiments. He should not, when brought back to his prison, have resumed the submission of a prisoner, or affected to accept as a desirable boon, the restoration, as it might be called, and that in a mutilated state, of a sovereignty, which he had voluntarily abandoned, at such extreme personal risk. His resolutions were too flexible, and too much at the mercy of circumstances, to be royal or noble. Charles I., even in the Isle of Wight, treated with his subjects, as a prisoner indeed, but still as a King, refusing to accede to such articles as, in his own mind, he was determined not to abide by. Louis, we conceive, should have returned the same answer to the Assembly which he did to the royalist officer at Varennes, "that a prisoner could give no orders, and make no concessions." He should not, like a bird which has escaped and been retaken, forget the notes which he uttered when at freedom, and return to his set and prescribed prison-song the instant that the cage again enclosed him. No man, above all, no king, should place the language of his feelings and sentiments so much at the disposal of fortune. An adherence to the sentiments expressed in his voluntary declaration, might, it is possible, have afforded him the means of making some more favourable composition; whereas, the affectation of willing submission to the same force which his own voice had so lately proclaimed illegal, could but make the unhappy King suspected of attempting a deceit, by which no one could be deceived. But the difficulties of his situation were great, and Louis might well remember the proverb, which places the grave of deposed sovereigns close to their prison-gates. He might be persuaded to temporize with the party which still offered to preserve a show of royalty in the constitution, until time or circumstances permitted him to enlarge its basis. In the meantime, if we can believe Bertrand de Moleville, Louis avowed to him the determination to act under the constitution with all sincerity and good faith; but it must be owned, that it would have required the virtues of a saint to have enabled him to make good this pledge, had the success of the Austrians, or any strong counter-revolutionary movement, tempted him to renounce it. At all events, the King was placed in a doubtful and suspicious position towards the people of France,

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who must necessarily have viewed with additional jealousy the head of a government, who, avowedly discontented with the share of power allotted to him, had nevertheless accepted it,-like the impoverished gamester, who will rather play for small stakes than be cut out of the game.

The work of the constitution being thus accomplished, the National, or, as it is usually called, the Constituent Assembly, dissolved itself, [Sept. 29,] agreeably to the vow they had pronounced in the Tennis-court at Versailles. The constitution, that structure which they raised for immortality, soon afterwards became ruinous; but in few assemblies of statesmen have greater and more varied talents been assembled. Their debates were often fierce and stormy, their mode of arguing wild and vehement, their resolutions sudden and ill-considered. These were the faults partly of the French character, which is peculiarly open to sudden impulses, partly to the great changes perpetually crowding upon them, and to the exciting progress of a revolution which hurried all men into extravagance. On the other hand, they respected freedom of debate; and the proscription of members of their body, for maintaining and declaring their sentiments, in opposition to that of the majority, is not to be found in their records, though so fearfully frequent in those of their successors. Their main and master error was the attempt to do too much, and to do it all at once. The parties kept no terms with each other, would wait for no conviction, and make no concession. It was a war for life and death betwixt men, who, had they seen more calmly for their country and for themselves, would rather have sacrificed some part of the theoretical exactness of principle on which they insisted, to the opportunity of averting practical evil, or attaining practical good. The errors of the Assembly were accordingly those of extremes. They had felt the weight of the feudal chains, and they destroyed the whole nobility. The monarch had been too powerful for the liberties of the subject-they now bound him as a slave at the feet of the legislative authority. Their arch of liberty gave way, because they hesitated to place upon it, in the shape of an efficient executive government, a weight sufficient to keep it steady. Yet to these men France was indebted for the first principles of civil liberty. They kindled the flame, though they could not regulate it; and such as now enjoy its temperate warmth should have sympathy for the errors of those to whom they owe a boon so inestimable ;-nor should this sympathy be the less, that so many perished in the conflagration, which, at the commencement, they had fanned too rashly. They did even more, for they endeavoured to heal the wounds of the nation by passing an act of general amnesty, which at once placed in security the Jacobins of the Champ de Mars, and the unfortunate companions of the King's flight. This was one of their last and wisest decrees, could they have enforced its observance by their

successors.

The adieus which they took of power were anything but prophetic. They pronounced the Revolution ended, and the Constitution completed-the one was but commencing, and the other was baseless as a morning dream.

CHAPTER VII.

Legislative Assembly-Its Composition-Constitutionalists—Girondists or Brissotins-Jacobins-Views and Sentiments of Foreign Nations-England-Views of the Tories and Whigs-Anacharsis Clootz-Austria-Prussia-Russia-Sweden-Emigration of the French Princes and Clergy-Increasing Unpopularity of Louis from this Cause-Death of the Emperor Leopold, and its Effects-France declares War-Views and Interests of the different Parties in France at this Period-Decree against Monsieur-Louis interposes his Veto-Decree against the Priests who should refuse the Constitutional Oath-Louis again interposes his Veto-Consequences of these Refusals-Fall of De Lessart -Ministers now chosen from the Brissotins—All Parties favourable to War.

THE First, or Constituent Assembly, in destroying almost all which existed as law in France, when they were summoned together as States-General, had preserved, at least in form, the name and power of a monarch. The Legislative Assembly, which succeeded them, seemed preparing to destroy the symbol of royalty which their predecessors had left standing, though surrounded by republican enactments.

The composition of this second body of representatives was much more unfavourable to the royal cause than that of those whom they succeeded. In a bad hour for France and themselves, the Constituent Assembly had adopted two regulations, which had the same disabling effect on their own political interest, as the celebrated self-denying ordinance in the Long Parliament had upon that of the Presbyterians. By the first of these decrees, the members of the Constituent Assembly were rendered incapable of being elected to that which should succeed its dissolution by the second, they were declared ineligible to be ministers of the crown, until two years had elapsed after their siting as legislators. Those individuals who had already acquired some political knowledge and information, were thus virtually excluded from the counsels of the state, and pronounced inadmissible into the service of the crown. This exclusion was adopted upon the wild principle of levelling, which was one prime moving spring of the Revolution, and which affected to destroy even the natural aristocracy of talents. "Who are the distinguished members whom the speaker mentions?" said a Jacobin orator, in the

1 Mignet, tom. i., p. 141; Dumont, p. 244.

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