Life of Napoleon Bonaparte. Volume I. Вальтер Скотт
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their persons ridiculous instead of reverend, would, it was to be feared, induce those by whom they were entertained, to extend their views to a general seizure of the whole, instead of a part, of the Church's wealth.
Both the first and second estates, therefore, kept aloof, moved by the manner in which the private interests of each stood committed, and both endeavoured to avert the coming storm, by retarding the deliberations of the States-General. They were particularly desirous to secure their individual importance as distinct orders, and appealed to ancient practice and the usage of the year 1614, by which the three several estates sat and voted in three separate bodies. But the Tiers Etat, who, from the beginning, felt their own strength, were determined to choose that mode of procedure by which their force should be augmented and consolidated. The double representation had rendered them equal in numbers to both the other bodies, and as they were sure of some interest among the inferior Noblesse, and a very considerable party amongst the lower clergy, the assistance of these two minorities, added to their own numbers, must necessarily give them the superiority in every vote, providing the three chambers could be united into one.
On the other hand, the clergy and nobles saw that a union of this nature would place all their privileges and property at the mercy of the Commons, whom the union of the chambers in one assembly would invest with an overwhelming majority in that convocation. They had no reason to expect that this power, if once acquired, would be used with moderation, for not only had their actually obnoxious privileges been assailed by every battery of reason and of ridicule, but the records of former ages had been ransacked for ridiculous absurdities and detestable cruelties of the possessors of feudal power, all which were imputed to the present privileged classes, and mingled with many fictions of unutterable horror, devised on purpose to give a yet darker colouring to the system which it was their object to destroy.70 Every motive, therefore, of self-interest and self-preservation, induced the two first chambers, aware of the possession which the third had obtained over the public mind, to maintain, if possible, the specific individuality of their separate classes, and use the right hitherto supposed to be vested in them, of protecting their own interests by their own separate votes, as distinct bodies.
Others, with a deeper view, and on less selfish reasoning, saw much hazard in amalgamating the whole force of the state, saving that which remained in the crown, into one powerful body, subject to all the hasty impulses to which popular assemblies lie exposed, as lakes to the wind, and in placing the person and authority of the King in solitary and diametrical opposition to what must necessarily, in moments of enthusiasm, appear to be the will of the whole people. Such statesmen would have preferred retaining an intermediate check upon the popular counsels of the Tiers Etat by the other two chambers, which might, as in England, have been united into one, and would have presented an imposing front, both in point of wealth and property, and through the respect which, excepting under the influence of extraordinary emotion, the people, in spite of themselves, cannot help entertaining for birth and rank. Such a body, providing the stormy temper of the times had admitted of its foundations being laid sufficiently strong, would have served as a breakwater betwixt the throne and the streamtide of popular opinion; and the monarch would have been spared the painful and perilous task of opposing himself personally, directly, and without screen or protection of any kind, to the democratical part of the constitution. Above all, by means of such an upper house, time would have been obtained for reviewing more coolly those measures, which might have passed hastily through the assembly of popular representatives. It is observed in the history of innovation, that the indirect and unforeseen consequences of every great change of an existing system, are more numerous and extensive than those which had been foreseen and calculated upon, whether by those who advocated, or those who opposed the alteration. The advantages of a constitution, in which each measure of legislation must necessarily be twice deliberately argued by separate senates, acting under different impressions, and interposing, at the same time, a salutary delay, during which heats may subside, and erroneous views be corrected, requires no further illustration.
INFLUENCE OF THE TIERS ETAT.
It must be owned, nevertheless, that there existed the greatest difficulty in any attempt which might have been made to give weight to the Nobles as a separate chamber. The community at large looked to reforms deeply affecting the immunities of the privileged classes, as the most obvious means for the regeneration of the kingdom at large, and must have seen with jealousy an institution like an upper house, which placed the parties who were principally to suffer these changes in a condition to impede, or altogether prevent them. It was naturally to be expected, that the Clergy and Nobles, united in an upper house, must have become somewhat partial judges in the question of retrenching and limiting their own exclusive privileges; and, besides the ill-will which the Commons bore them as the possessors and assertors of rights infringing on the liberties of the people, it might be justly apprehended that, if the scourge destined for them were placed in their own hand, they might use it with the chary moderation of the squire in the romance of Cervantes.71 There would also have been reason to doubt that, when the nation was so much divided by factions, two houses, so different in character and composition, could hardly have been brought to act with firmness and liberality towards each other – that the one would have been ever scheming for the recovery of their full privileges, supposing they had been obliged to surrender a part of them, while the other would still look forward to the accomplishment of an entirely democratical revolution. In this way, the checks which ought to have acted merely to restrain the violence of either party, might operate as the means of oversetting the constitution which they were intended to preserve.
Still, it must be observed, that while the King retained any portion of authority, he might, with the countenance of the supposed upper chamber, or senate, have balanced the progress of democracy. Difficult as the task might be, an attempt towards it ought to have been made. But, unhappily, the King's ear was successively occupied by two sets of advisers, one of whom counselled him to surrender every thing to the humour of the reformers of the state, while the other urged him to resist their most reasonable wishes; – without considering that he had to deal with those who had the power to take by force what was refused to petition. Mounier and Malouet advocated the establishment of two chambers in the Tiers Etat, and Necker was certainly favourable to some plan of the kind; but the Noblesse thought it called upon them for too great a sacrifice of their privileges, though it promised to ensure what remained, while the democratical part of the Tiers Etat opposed it obstinately, as tending to arrest the march of the revolutionary impulse.
Five or six weeks elapsed in useless debates concerning the form in which the estates should vote; during which period the Tiers Etat showed, by their boldness and decision, that they knew the advantage which they held, and were sensible that the other bodies, if they meant to retain the influence of their situation in any shape, must unite with them, on the principle according to which smaller drops of water are attracted by the larger. This came to pass accordingly. The Tiers Etat were joined by the whole body of inferior clergy, and by some of the nobles, and on 17th June, 1789, proceeded to constitute themselves a legislative body, exclusively competent in itself to the entire province of legislation; and, renouncing the name of the Third Estate, which reminded men they were only one out of three bodies, they adopted72 that of the National Assembly, and avowed themselves not merely the third branch of the representative body, but the sole representatives of the people of France, nay, the people themselves, wielding in person the whole gigantic powers of the realm. They now claimed the character of a supreme body, no longer limited to the task of merely requiring a redress of grievances, for which they had been originally appointed, but warranted to destroy and rebuild whatever they thought proper in the constitution of the state. It is not easy, on any ordinary principle, to see how a representation, convoked for a certain purpose, and with certain limited powers, should thus essentially alter their own character, and set themselves in such a different relation to the crown and the nation, from that to which their commissions restricted them; but the National Assembly were well aware, that, in extending their powers far beyond the terms of these commissions, they only fulfilled the wishes of their constituents, and that, in assuming to themselves so ample an authority, they would be supported by the whole nation, excepting the privileged orders.
The National Assembly
It was, for example, gravely stated, that a seigneur of a certain province possessed a feudal right to put two of his vassals to death upon his return from hunting, and to rip their bellies open, and plunge his feet into their entrails to warm them. – S.
See Don Quixote, part ii., chap. lxi., (vol. v., p. 296. Lond., 1822.)
"By a majority of 491 to 90." – Lacretelle.