of the counter-revolutionary party were thus frustrated from the representative assembly of the Comtat at Nîmes, and their own plot was their ruin. Venaissin, which was also subject to the Pope.

France. The anti-revolutionary movement in the south, which was in harmony with the proceedings of the clergy in the Assembly, was thus put down. The religious fanaticism of the people could not be roused. There was another difficulty: the soldiers were everywhere fraternizing with the people, and in some places killing their officers; they were for the people and the law, for the Revolution. The surrender of the forts at Marseille and at Montpellier to the citizens was undoubted evidence that the army had embraced the Revolution. The civic oath had been taken even by Bouillé ; and the Prince of Conti, one of the emigrants, had returned and taken the civic oath in the district of the Jacobins to which he belonged. But the Orleans family still maintained its place in public opinion as the leader of the revolutionary movement among the aristocracy. When the president of the district of the Palais Royal brought to the Duke of Chartres, the eldest son of the Duke of Orleans, (now the ex-king Louis Philippe,) the register-book of the oaths, the young prince erased all his titles and dignities, which were prefixed to his name, and put in their place "citizen of Paris," and then signed. The duke of Orleans sent his oath from England.*

Avignon, which belonged to the Pope, had already | Both Venaissin and Avignon prayed for union with settled its own affairs. This antient city, which had at one time been the residence of the popes, was sold, with Vaucluse, to the papal see, in 1348, by Jeanne, Countess of Provence and Queen of Sicily. Following the example of France, Avignon had organized a municipality and a militia; but on the 10th of June, the nobles and partizans of the Pope were in possession of the Hôtel de Ville, with four pieces of cannon: their cry was "Vive l'Aristocratie!" A conflict ensued between them and the people, in which thirty of the people were killed. The contest was renewed; the popular party were victorious; four of the aristocrats were seized and massacred, and twenty-two were arrested. The neighbouring French towns of Orange, Bagnols, Pont St. Esprit, and others, came to aid the people of Avignon, and to save the prisoners, whom they took under their care. The National Guards of France left a detachment for a few days in the town, to maintain tranquillity. On the 11th of June the people met, and determined to be re-united to France: the papal arms were taken down, and those of France solemnly put in their place. On the 17th of June the municipality of Avignon, by a letter addressed to the deputies, Camus and Bouche, prayed the Assembly to admit the antient city of Avignon into union with France.

On the 22nd the Assembly also received an address.

*Hist. Parlem.' v., 360, note 1.

CHAPTER XV.
CONSTITUTIONAL REFORMS.

THE progress of the Revolution in France had begun to attract the attention of all the other European states, which felt that their interests might be affected by this great movement. The princes of the Germanic empire, ecclesiastic and lay, whose feudal rights in Alsace, Lorraine, and Franche Comté, had been destroyed on the night of the 4th of August, protested in January, 1790.

in 1786, and was succeeded by his nephew, Frederick William II. The new king had assisted the Stadtholder of Holland in recovering his authority; and in June, 1788, a defensive alliance was concluded between England, Prussia, and Holland. The assistance given by the French to the provinces of North America, in their War of Independence, had made it the policy of the British Cabinet to draw Prussia from French alliance, and to prevent the maritime power of Holland from being opposed to England, in the event of a war. The alliance of Russfa and Austria, in a war against Turkey, was viewed as tending to disturb the balance of Europe; and thus it was the supposed policy of England to encourage Sweden to engage in war with Russia, and to urge Prussia to oppose the aggrandisement of Austria on the side of Turkey.

The deputies of the Circle of the Upper Rhine, assembled at Frankfort, came to a resolution that the Emperor and the Germanic body were bound to protect the States, the nobility, and the clergy of the empire against the arbitrary acts of the National Assembly. The resolution was transmitted to the Emperor Joseph II., and on the 16th of February the king of Prussia wrote to his minister at Ratisbon, to the effect that the empire was bound to use its exertions in favour of the princes who had been wronged In February, 1790, Joseph II. died, and his death. in contravention of existing treaties. On the 11th of was followed by great changes. He was succeeded by February the French minister, Montmorin, received a his brother, Leopold II., whose administration of Tuscommunication of the resolution of Frankfort with a cany, as grand duke, had been mild and beneficent. fresh protest, which he sent to the Assembly, who Leopold found his extensive empire in confusion; for referred it to the feudal committee. Joseph, the reformer, was more hasty than wise. Frederick II., king of Prussia, called the Great, died Austria and Russia were still engaged in the war with

Turkey; England and Prussia were unfriendly to the larly as the troubles increased at the same time with Empire; the Netherlands were in a state of revolt the warlike preparations of England. The disturbances against Austria, in consequence of the measures of at Strassburg, Nîmes, Toulon, and Brest, were attriJoseph; and France was making her revolution with buted to secret agency, which may be quite true the king and the queen, Leopold's sister, prisoners in without the supposition of England being the agent. the capital. In January, 1790, before the death of Though some of the clubs and societies in London Joseph, a treaty was concluded at Berlin between had sent complimentary addresses to the French AsGreat Britain and Prussia, by which it was declared sembly, it was supposed that the British Cabinet that these powers would not interfere with the troubles entertained very different sentiments.* The English in the Netherlands, unless they should be invited or ambassador had already been instructed to repel these compelled by circumstances, and that they would suspicions and insinuations; but suspicion is one request his imperial majesty to secure the privileges of the elements of all revolutions, and is difficult to of the Netherlands; and if the Netherlands should cure. Nothing has ever been proved as to any secret become free, then the allies would deliberate on the influence of the British Government being exercised at constitution, and determine whether they should recog- this time to foment troubles in France; and Necker nize the Netherlands as free or not. In consequence often told his daughter, that though he had made the of this treaty, the Netherlands took into their service most diligent inquiry during his administration, he an English, a Prussian, and a Dutch legion, and the never could find the least evidence that English money States named a Prussian general the commander of had been employed to excite disturbance. The abthis force. But after the accession of Leopold, and in surdity of the suspicion is made most apparent, when July, 1790, the treaty of Reichenbach settled all dis- we know that the aristocrats maintained that the putes between Austria and Prussia. Austria made a English ministry paid the French revolutionists, and truce with Turkey, and soon reduced the Netherlands the Jacobins affirmed that all the mischief—that is, the to submission. In August, Russia made peace with efforts of the counter-revolutionists,-came from EngSweden, though king Gustavus had lately gained a lish gold distributed in France. victory over the Russians; and the empress Catherine II. had now only Poland and the Turks to deal with. The states of Europe were at leisure to turn their attention to France.

The king, in his message, had said that he expected that the Assembly would approve of the measures which he had taken, and would vote the necessary expenses. The Assembly adopted the king's wish; but Alexander Lameth observed, that it must be determined who should have the power of declaring war, if war should be necessary, the king or the Assembly. It was well known what Mirabeau's opinion was: he was supposed to have been gained by the court; and this was considered a good opportunity of depriving him of his popularity. Barnave was to bear the brunt of the battle. This matter occupied the sittings from the 14th to the 22nd of May.‡

Mirabeau contended that as war is almost always an unforeseen event, and that hostilities commence before threats, the king, who has the care of the public interests, must repel hostile attacks, and war might thus commence before the Assembly could interfere. He therefore advised that the executive should have the power of resisting hostilities when commenced, and

It was before the convention of Reichenbach, and while the war between Russia and Sweden was still raging in Finnland, that a quarrel broke out between Great Britain and Spain about some English ships which had been seized by a Spanish squadron in Nootka Sound; and Great Britain was preparing a large naval force. On the 14th of May, the minister, Montmorin, communicated to the Assembly information of the preparations of Great Britain, and that his majesty the king of the French had given orders for fourteen vessels of the line to be immediately equipped in the ports of the Mediterranean and of the Atlantic. His majesty had only given these orders by way of precaution, and hoped that peace would not be troubled, as he had received assurances from the British Cabinet that the armament of Great Britain was equipped with no other view than with respect to the quarrel with Spain; but * See Burke's' Reflections on the Revolution in France." though his Britannic majesty had given an assurance The address of the Revolution Society to the National Asof his wish to maintain harmony between France and sembly, was sent through Earl Stanhope. "The French Great Britain, his majesty could not dispense with revolution," says Romilly, in a letter of the 20th of August, ordering these ships to be equipped; " for if England 1790, "seems to be growing popular, where one would least is armed, France cannot and ought not to continue expect it, even in our universities. One of the questions unarmed; we must let Europe know that the estab-proposed this year by the Vice-Chancellor of Cambridge, for lishment of our constitution is far from being an ob-a Latin prize dissertation, was, 'Whether the French Revostacle to the development of our force; and besides,lution was likely to prove advantageous or injurious to this gratitude and our own interest command such a measure under circumstances which concern Spain." It was a common opinion in France, that England intrigued to increase the embarrassments of the French government; and there were suspicions that English money was employed to produce disturbance, particu

country; and the prize was given to a dissertation written to tion was written by Whishaw. (Romilly's Memoirs.') prove that it would be advantageous to it." The disserta

† Madame de Staël, ' Considération,' &c., part ii., chap.11. "Le Gouvernement Anglais a-t-il donné de l'argent pour fomenter les troubles en France?"

Hist. Parlem.,' vi., 34, &c.

"The

The proposition of Mirabeau, as amended by Chapelier, was carried, and the first article was : power (droit) to make peace or war belongs to the nation: war cannot be determined upon without a decree of the National Assembly, which shall be made upon the formal and necessary proposal of the king, and must have his sanction.”* Thus the king had the disposal of the forces, he gave notice of the commencement of hostilities, summoned the Assembly, if it was not sitting, and proposed peace or war: the Assembly deliberated upon the proposal, and the king gave his sanction to the result of the deliberation. "This decree, conformable to reason and to the principles already established, gave sincere joy to the constitutional party, and mad hopes to the counter-revolutionists, who thought that public opinion was going to change, and that this victory of Mirabeau's would become theirs. Lafayette, who in this affair had sided with Mirabeau, wrote to Bouillé on the matter, gave him hopes of tranquillity and moderation, and endeavoured, as he always did, to reconcile him to the new order of things." +

that the legislature, according to circumstances, should of language, in brief sententious periods, the great either allow the war to go on, or demand the restora-orator repeated his blows till he had struck his advertion of peace. Barnave admitted that hostilities might sary to the earth. With equal power he defended his commence before the opinion of the nation could be own proposition from the objections that had been taken; but that hostilities are not war; that the king made to it, and he triumphed by the double virtue ought to repel attacks, and immediately communicate of the better cause and his own unrivalled talents. with the Assembly, which should then declare its will. Barnave's speech was well received, and he was carried in triumph by the people: Mirabeau was denounced as having sold himself. There was hawked about the streets a pamphlet, entitled 'The Great Treason of the Comte de Mirabeau.' If the question had been put after Barnave's speech, his opinion would probably have prevailed; but Cazalès and Mirabeau urged the Assembly to adjourn. Mirabeau replied on the 22nd, in the midst of an immense audience. "It is," he said, "a strange madness, a deplorable blindness, which thus excites against one another men whom one common end, one common opinion, ought, even in the most furious debates, to bring together and unite, men who thus put in the place of devotion to their country the angry passions of self-love, and make one another the object of popular prejudices. Me, too, a few days ago, they would have carried in triumph; and now they cry in the streets, 'The Great Treason of the Comte de Mirabeau.' I needed not this lesson to know that the distance is short between the Capitol and the Tarpeian rock; but the man who combats in defence of reason, in defence of his country, does not allow himself to be so easily vanquished." He then examined the arguments of Barnave in detail with great ability, and showed that his opponent had not proposed to give to the Assembly more power than he had; but that his proposition of limiting the king's power to a simple communication to the Assembly, deprived the king of that consent which was necessary for the expression of the national will. "If the king has not the initiative," he said, "do you mean that he has not also the veto? If so, the king has no voice in the most important act of the national will. How do you reconcile that with the powers which the constitution has given to the king? How do you reconcile that with the public interest? You will have as many provokers to war as there are passionate men." He examined with equal acuteness the case of the king | having the initiative: "If the initiative is to be limited to a simple notification, the king will be no party to a declaration of war. If the initiative contains a declaration of the resolution which he thinks ought to be taken, there are two cases for us to consider. Do you mean that if the king decides for war, the legislative body may deliberate about peace? I see no inconvenience in that. Or do you mean that if the king wishes peace, the legislative body may declare for war, and make him carry on war in spite of himself? I cannot adopt your system, because inconveniences would thus arise for which there is no remedy. From war determined upon in spite of the king, there would result a war of opinion against the king, against all who act under him." With wonderful precision of thought and

The reform of the judiciary system was an arduous undertaking-difficult in all countries, and particularly in France at this period. The basis of the organization was the new division into departments and districts. Thouret made a long speech on the 24th of March, which was printed by order of the Assembly. All judges were made eligible by the people: they were to be elected for a certain time, and were re-eligible. Trial by jury was established in criminal matters only, after very long debates. The king had not the power of refusing his approbation of a judge who had been elected by the people; and the electors were not required to present more than a single judge to the king for his approbation: the judge was to receive from the king letters patent sealed with the national seal. It was also determined that there should be a tribunal de cassation, or grands juges d'assises—that is, a tribunal of revision for the judgments of all inferior courts. The discussions on the organization of the judiciary occupied many sittings.

'Hist. Parlem.,' vi., 131. Bertrand de Moleville, 'Annals,' &c., ii., c. 24., who acknowledges Mirabeau's services on this occasion. Compare Dahlmann, Geschichte der Französischen Rev.,' p. 309, &c., 2nd edit.

†Thiers, Hist. de la Rév. Franç.' "I congratulate you," says Romilly, in a letter dated June 4, 1790, " on the decision of the National Assembly on the king's right of making war." (Romilly's Memoirs.') Some English writers, by a strange misunderstanding, have said that the decree gave the Assembly the power of making peace or war.

'Hist. Parlem.,' v., 284. Bertrand de Moleville, ‘Annals,' &c., c. 24.

II

In the month of June the several articles of the four millions, or about £160,000. The letter conconstitution of the clergy were discussed. It was cluded by saying that the king would never be in merely the civil constitution that the Assembly dealt opposition to the National Assembly as to what conwith; it did not touch on questions of doctrine or on cerned himself, and provided that liberty and tranpapal authority. This scheme brought great odium quillity were secured, he should not trouble himself on the Assembly, though it was the work of those about any diminution of his personal enjoyments; he deputies who were sincerely attached to religion, of should find his pleasures in the delightful spectacle Camus, and others like him. A great majority of public tranquillity. It was proposed that everywould not have troubled themselves about the matter, thing contained in the king's letter should be immebut they yielded to the wishes of those who were diately assented to, and the whole Assembly rose zealous to put the civil constitution of the clergy in without waiting for the president to put the question harmony with other things. The Archbishop of Aix to the vote. The queen's dower was also granted, urged a national council, and that the Assembly should amidst shouts of "Vive le Roi!" decide on that question by a simple vote: but the Assembly passed on to the order of the day. It was determined that there should be a bishop for each department; that bishops and curés should be elected by ballot, and by a majority of votes; and that bishops should be elected in the form prescribed, and by the electoral body appointed by the decree of the 22nd of December, 1789, for the nomination of members of the Assembly for the department. The curés were also appointed by popular election. On the 14th of June it was decreed, without discussion, "that before the ceremony of consecration took place, the person elected should, in the presence of the municipal officers, the people, and the clergy, take the solemn oath of watching carefully over the flock committed to his care, to be faithful to the nation, the law and the king, and to maintain with all his power the constitution decreed by the National Assembly."

On the 9th of June the discussions were interrupted by a letter from the king on the subject of the civil list, which comprehended his personal expenses, those of the queen, and of his children and their education; the household of his aunts, and the establishment which his sister might soon expect: 2, the buildings and the garde-meuble: + 3, his household troops. The king had been requested by the Assembly to "fix his expenses in a manner corresponding to the majesty of his throne, to the love and fidelity of a great nation;" and this letter was the answer to the request. As Paris would be his ordinary place of residence, the king said he thought that twenty-five millions of francs, with the revenue from the parks, the forests, and his country residences, might, with many reductions, be sufficient for his expenses, including his household troops. As to the debt on the royal household, he thought that the Assembly would undertake to pay that. He also expressed a wish that the queen's dower, in the case of her surviving him, should be settled, and he merely mentioned the annual sum of

* His opinions are shown in his speech of the 1st of June. He was a sincere, religious man. The debates on the articles of the civil constitution of the clergy are in the Hist. Parlem.,' vi., 216.

†The term garde-meuble comprehended the buildings in which the furniture of the royal palaces and châteaux, and the jewels, and other valuables belonging to the king, were kept.

The month of July was approaching. It was now a year since the Bastille was destroyed, and the anniversary of that day seemed an occasion for great rejoicing. On the 5th of June a deputation of the representatives of the Commune of Paris, introduced by Bailly, read an address from the citizens of Paris to all the French, inviting them to celebrate the 14th of July at Paris. The deputation prayed that the committee on the constitution would determine the number of deputies which should be sent from each department, to assist at the grand federation of the 14th. On the 9th of June the Assembly fixed the 14th for the great festival, and decreed that six men out of every two hundred should be elected by the districts to represent the rest: when the distance was above one hundred leagues from the capital, they might elect one from every four hundred. The expenses were to be defrayed by the districts. The troops of the line and the royal navy were also to send deputies.

The announcement of this grand festival of fraternity filled all France with enthusiasm, and Paris with pamphlets and projects. Loustalot and Desmoulins proposed a federal pact among writers. This fervid exaltation was followed by a constitutional explosion like that of the 4th of August: the suppression of titles of nobility was decreed on the 19th.

The conquerors of the Bastille were this day introduced at the bar of the Assembly. The committee of pensions had taken pains to ascertain the names of the real conquerors of the Bastille; and they had called for the appointment of commissioners to determine to whom belonged the honour of the victory. It was decreed that each of the conquerors should have a uniform and complete equipment; and on the barrel of the gun and on the sword-blade there should be the inscription, "Given by the Nation to Conqueror of the Bastille." They were also to have an honourable brevet, expressive of the gratitude of the nation; and the same was to be given to the widows of those who fell. "On the occasion of the federation of the 14th of July, a place was to be assigned to them in which France could contemplate at leisure the first conquerors of liberty." A royalist writer says, that the conquerors of the Bastille renounced these extraordinary honours, on account of the irritation which they excited in the National and French Guards.

The president announced that a deputation was