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other hand; by virtue of the constitution; the civic oath; which
includes the ecclesiastical oath; is imposed on all electors; for; if
any one takes the former and reserves the latter; his vote is thrown
out: in November; in the Doubs; the municipal elections of thirty…
three communes are invalidated solely on this pretext。'6' Not only
forty thousand ecclesiastics are thus rendered unsworn (insermentés);
but again; all scrupulous Catholics lose the right of suffrage; these
being by far the most numerous in Artois; Doubs and the Jura; in the
Lower and Upper Rhine district;'7' in the two Sévres and la Vendée; in
the Lower Loire; Morbihan; Finisterre and C?tes du Nord; in Lozère and
Ardèche; without mentioning the southern departments。'8' Thus; aided
by the law which they have rendered impracticable; the Jacobins; on
the one hand; are rid of all sensible voters in advance; counting by
millions; and; on the other; aided by a law which they have rendered
intolerant; they are rid of the Catholic vote which counts by hundreds
of thousands。 On entering the electoral lists; consequently; thanks to
this double exclusion; they find themselves confronted by only the
smallest number of electors。
II。
Annoyances and dangers of public elections。 … The constituents
excluded from the Legislative body。
Operations must now be commenced against these; and a first expedient
consists in depriving them of their candidates。 The obligation of
taking the oath has already partly provided for this; in Lozère all
the officials send in their resignations rather than take the oath;'9'
here are men who will not be candidates at the coming elections; for
nobody covets a place which he was forced to abandon; in general; the
suppression of all party candidatures is effected in no other way than
by making the post of a magistrate distasteful。 The Jacobins have
successfully adhered to this principle by promoting and taking the
lead in innumerable riots against the King; the officials and the
clerks; against nobles; ecclesiastics; corn…dealers and land…owners;
against every species of public authority whatever its origin。
Everywhere the authorities are constrained to tolerate or excuse
murders; pillage and arson; or; at the very least; insurrections and
disobedience。 For two years a mayor runs the risk of being hung on
proclaiming martial law; a captain is not sure of his men on marching
to protect a tax levy; a judge on the bench is threatened if he
condemns the marauders who devastate the national forests。 The
magistrate; whose duty it is to see that the law is respected; is
constantly obliged to strain the law; or allow it to be strained; if
refractory; a summary blow dealt by the local Jacobins forces his
legal authority to yield to their illegal dictate; so that he has to
resign himself to being either their accomplice or their puppet。 Such
a r?le is intolerable to a man of feeling or conscience。 Hence; in
1790 and 1791; nearly all the prominent and reputable men who; in
1789; had seats in the H?tels…de…villes; or held command in the
National Guard; all country…gentlemen; chevaliers of St。 Louis; old
parliamentarians; the upper bourgeoisie and large landed…proprietors;
retire into private life and renounce public functions which are no
longer tenable。 Instead of offering themselves to public suffrage they
avoid it; and the party of order; far from electing the magistracy; no
longer even finds candidates for it。
Through an excess of precaution; its natural leaders have been legally
disqualified; the principal offices; especially those of deputy and
minister; being interdicted beforehand to the influential men in whom
we find the little common sense gained by the French people during the
past two years。…In the month of June; 1779; even after the
irreconcilables had parted company with the 〃Right;〃 there still
remained in the Assembly about 700 members who; adhering to the
constitution but determined to repress disorder; would have formed a
sensible legislature had they been re…elected。 All of these; except a
very small group of revolutionaries; had learned something by
experience; and; in the last days of their session; two serious
events; the king's flight and the riot in the Champ de Mars; had made
them acquainted with the defects of their machinery。 With this
executive instrument in their hands for three months; they see that it
is racked; that things are tottering; and that they themselves are
being run over by fanatics and the crowd。 They accordingly attempt to
put on a drag; and several even think of retracing their steps。'10'
They cut loose from the Jacobins; of the three or four hundred
deputies on the club list in the Rue St。 Honoré'11' but seven remain;
the rest form at the Feuillants a distinct opposition club; and at
their head are the first founders; Duport; the two Lameths; Barnave;
the authors of the constitution; all the fathers of the new
régime。'12' In the last decree of the Constituent Assembly they
loudly condemn the usurpations of popular associations; and not only
interdict to these all meddling in administrative or political
matters; but likewise any collective petition or deputation。'13'
Here may the friends of order find candidates whose chances are good;
for; during two years and more; each in his own district is the most
conspicuous; the best accredited; and the most influential man there;
he stands well with his electors on account of the popularity of the
constitution he has made; and it is very probable that his name would
rally to it a majority of votes。…The Jacobins; however; have foreseen
this danger: Four months earlier;'14' with the aid of the Court;
which never missed an opportunity to ruin itself and everything
else;'15' they made the most of the grudges of the conservatives and
the wearyness of the Assembly。 Tired and disgusted; in a fit of
mistaken selflessness; the Assembly; through enthusiasm and taken by
surprise; passes an act declaring all its members ineligible for
election to the next Assembly dismissing in advance the leaders of the
gentlemen's party。
III。
The friends of order deprived of the right of free assemblage。
Violent treatment of their clubs in Paris and the provinces。 Legal
prevention of conservative associations。
If the latter (the honest men of the Right); in spite of so many
drawbacks; attempt a struggle; they are arrested at the very first
step。 For; to enter upon an electoral campaign; requires preliminary
meetings for conference and to understand each other; while the
faculty of forming an association; which the law grants them as a
right; is actually withheld from them by their adversaries。 As a
beginning; the Jacobins hooted at and 〃stone〃 the members of the
〃Right〃'16' holding their meetings in the Salon fran?ais of the Rue
Royale; and; according to the prevailing rule; the police tribunal;
〃considering that this assemblage is a cause of disturbance; that it
produces gatherings in the street; that only violent means can be
employed to protect it;〃 orders its dissolution。'17' Towards the
month of August; 1790; a second club is organized; and; this time;
composed of the wisest and most liberal men。 Malouet and Count
Clermont…Tonnerre are at the head of it。 It takes the name of
〃Friends of a Monarchical Constitution;〃 and is desirous of restoring
public order by maintaining the reforms which have been reached。 All
formalities on its part have been complied with。 There are already
about 800 members in Paris。 Subscriptions flow into its treasury。 The
provinces send in numerous adhesions; and; what is worse than all;
bread is distributed by them at a reduced price; by which the people;
probably; will be conciliated。 Here is a center of opinion and
influence; analogous to that of the Jacobin club; which the Jacobins
cannot tolerate。'18' M。 de Clermont…Tonnerre having leased the summer
Vauxhall; a captain in the National Guard notifies the proprietor of
it that if he rents it; the patriots of the Palais…Royal will march to
it in a body; and close it; fearing that the building will be damaged;
he cancels the lease; while the municipality; which fears skirmishes;
orders a suspension of the meetings。 The club makes a complaint and
follows it up; while the letter of the law is so plain that an
official authorization of the club is finally granted。 Thereupon the
Jacobin newspapers and stump… speakers let loose their fury against a
future rival that threatens to dispute their empire。 On the 23rd of
January; 1791; Barnave; in the National Assembly; employing
metaphorical language apt to be used as a death…shout; accuses the
members of the new club 〃of giving the people bread that carries
poison with it。〃 Four days after this; M。 Clermont…Tonnerre's dwelling
is assailed by an armed throng。 Malouet; on leaving it; is almost
dragged from his carriage; and the crowd around him