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 volontés de tous les Francois pour la liberté et la prosperité communes, ainsi pour la maintien de l’ordre publique; il a pense qu’il convenoit que chaque regiment prit part a ces fêtes 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. Assemblée 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 £145,000 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.