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Edmund Burke (1729–1797).  Reflections on the French Revolution.
The Harvard Classics.  1909–14.
 
Paras. 325–349
 
 
  The truly melancholy part of the policy of systematically making a nation of gamesters is this, that though all are forced to play, few can understand the game; and fewer still are in a condition to avail themselves of the knowledge. The many must be the dupes of the few who conduct the machine of these speculations. What effect it must have on the country people is visible. The townsman can calculate from day to day; not so the inhabitant of the country. When the peasant first brings his corn to market, the magistrate in the towns obliges him to take the assignat at par; when he goes to the shop with his money, he finds it seven per cent. the worse for crossing the way. This market he will not readily resort to again. The towns-people will be inflamed; they will force the country people to being their corn. Resistance will begin, and the murders of Paris and St. Denis may be renewed through all France.  325
  What signifies the empty compliment paid to the country, by giving it, perhaps, more than its share in the theory of your representation? Where have you placed the real power over monied and landed circulation? Where have you placed the means of raising and falling the value of every man’s freehold? Those, whose operations can take from, or add ten per cent. to, the possessions of every man in France, must be the masters of every man in France. The whole of the power obtained by this revolution will settle in the towns among the burghers, and the monied directors who lead them. The landed gentleman, the yeoman, and the peasant, have, none of them, habits, or inclinations, or experience, which can lead them to any share in this the sole source of power and influence now left in France. The very nature of a country life, the very nature of landed property, in all the occupations, and all the pleasures they afford, render combination and arrangement (the sole way of procuring and exerting influence) in a manner impossible amongst country people. Combine them by all the art you can, and all the industry, they are always dissolving into individuality. Anything in the nature of incorporation is almost impracticable amongst them. Hope, fear, alarm, jealousy, the ephemerous tale that does its business and dies in a day, all these things, which are the reins and spurs by which leaders check or urge the minds of followers, are not easily employed, or hardly at all, amongst scattered people. They assemble, they arm, they act, with the utmost difficulty, and at the greatest charge. Their efforts, if ever they can be commenced, cannot be sustained. They cannot proceed systematically. If the country gentlemen attempt an influence through the mere income of their property, what is it to that of those who have ten times their income to sell, and who can ruin their property by bringing their plunder to meet it at market? If the landed man wishes to mortgage, he falls the value of his land, and raises the value of assignats. He augments the power of his enemy by the very means he must take to contend with him. The country gentleman therefore, the officer by sea and land, the man of liberal views and habits, attached to no profession, will be as completely excluded from the government of his country as if he were legislatively proscribed. It is obvious, that in the towns, all things which conspire against the country gentleman combine in favour of the money manager and director. In towns combination is natural. The habits of burghers, their occupations, their diversion, their business, their idleness, continually bring them into mutual contact. Their virtues and their vices are sociable; they are always in garrison; and they come embodied and half disciplined into the hands of those who mean to form them for civil or military action.  326
  All these considerations leave no doubt on my mind, that if this monster of a constitution can continue, France will be wholly governed by the agitators in corporations, by societies in the towns formed of directors of assignats, and trustees for the sale of church lands, attornies, agents, money-jobbers, speculators, and adventurers, composing an ignoble oligarchy, founded on the destruction of the crown, the church, the nobility, and the people. Here end all the deceitful dreams and visions of the equality and rights of men. In “the Serbonian bog” of this base oligarchy they are all absorbed, sunk, and lost for ever.  327
  Though human eyes cannot trace them, one would be tempted to think some great offences in France must cry to heaven, which has thought fit to punish it with a subjection to a vile and inglorious domination, in which no comfort or compensation is to be found in any even of those false splendours, which, playing about other tyrannies, prevent mankind from feeling themselves dishonoured even whilst they are oppressed. I must confess I am touched with a sorrow, mixed with some indignation, at the conduct of a few men, once of great rank, and still of great character, who, deluded with specious names, have engaged in a business too deep for the line of their understanding to fathom; who have lent their fair reputation, and the authority of their high-sounding names, to the designs of men with whom they could not be acquainted; and have thereby made their very virtues operate to the ruin of their country.  328
  So far as to the first cementing principle.  329
  The second material of cement for their new republic is the superiority of the city of Paris: and this I admit is strongly connected with the other cementing principle of paper circulation and confiscation. It is in this part of the project we must look for the cause of the destruction of all the old bounds of provinces and jurisdictions, ecclesiastical and secular, and the dissolution of all ancient combinations of things, as well as the formation of so many small unconnected republics. The power of the city of Paris is evidently one great spring of all their politics. It is through the power of Paris, now become the centre and focus of jobbing, that the leaders of this faction direct, or rather command, the whole legislative and the whole executive government. Everything therefore must be done which can confirm the authority of that city over the other republics. Paris is compact; she has an enormous strength, wholly disproportioned to the force of any of the square republics; and this strength is collected and condensed within a narrow compass. Paris has a natural and easy connexion of its parts, which will not be affected by any scheme of a geometrical constitution, nor does it much signify whether its proportion of representation be more or less, since it has the whole draft of fishes in its drag-net. The other divisions of the kingdom being hackled and torn to pieces, and separated from all their habitual means, and even principles of union, cannot, for some time at least, confederate against her. Nothing was to be left in all the subordinate members, but weakness, disconnexion, and confusion. To confirm this part of the plan, the Assembly has lately come to a resolution, that no two of their republics shall have the same commander-in-chief.  330
  To a person who takes a view of the whole, the strength of Paris, thus formed, will appear a system of general weakness. It is boasted that the geometrical policy has been adopted, that all local ideas should be sunk, and that the people should no longer be Gascons, Picards, Bretons, Normans; but Frenchmen, with one country, one heart, and one Assembly. But instead of being all Frenchmen, the greater likelihood is, that the inhabitants of that region will shortly have no country. No man ever was attached by a sense of pride, partiality, or real affection, to a description of square measurement. He never will glory in belonging to the Chequer No. 71, or to any other badge-ticket. We begin our public affections in our families. No cold relation is a zealous citizen. We pass on to our neighbourhoods, and our habitual provincial connexions. These are inns and resting-places. Such divisions of our country as have been formed by habit, and not by a sudden jerk of authority, were so many little images of the great country in which the heart found something which it could fill. The love to the whole is not extinguished by this subordinate partiality. Perhaps it is a sort of elemental training to those higher and more large regards, by which alone men come to be affected, as with their own concern, in the prosperity of a kingdom so extensive as that of France. In that general territory itself, as in the old name of provinces, the citizens are interested from old prejudices and unreasoned habits, and not on account of the geometric properties of its figure. The power and pre-eminence of Paris does certainly press down and hold these republics together as long as it lasts. But, for the reasons I have already given you, I think it cannot last very long.  331
  Passing from the civil creating and the civil cementing principles of this constitution, to the National Assembly, which is to appear and act as sovereign, we see a body in its constitution with every possible power, and no possible external control. We see a body without fundamental laws, without established maxims, without respected rules of proceeding, which nothing can keep firm to any system whatsoever. Their idea of their powers is always taken at the utmost stretch of legislative competency, and their examples for common cases from the exceptions of the most urgent necessity. The future is to be in most respects like the present Assembly; but, by the mode of the new elections and the tendency of the new circulations, it will be purged of the small degree of internal control existing in a minority chosen originally from various interests, and preserving something of their spirit. If possible, the next Assembly must be worse than the present. The present, by destroying and altering everything, will leave to their successors apparently nothing popular to do. They will be roused by emulation and example to enterprises the boldest and the most absurd. To suppose such an Assembly sitting in perfect quietude is ridiculous.  332
  Your all-sufficient legislators, in their hurry to do everything at once, have forgot one thing that seems essential, and which I believe never has been before, in the theory or the practice, omitted by any projector of a republic. They have forgot to constitute a senate, or something of that nature and character. Never, before this time, was heard of a body politic composed of one legislative and active assembly, and its executive officers, without such a council; without something to which foreign states might connect themselves; something to which, in the ordinary detail of government, the people could look up; something which might give a bias, and steadiness, and preserve something like consistency in the proceedings of state. Such a body kings generally have as a council. A monarchy may exist without it; but it seems to be in the very essence of a republican government. It holds a sort of middle place between the supreme power exercised by the people, or immediately delegated from them, and the mere executive. Of this there are no traces in your constitution; and, in providing nothing of this kind, your Solons and Numas have, as much as in anything else, discovered a sovereign incapacity.  333
  Let us now turn our eyes to what they have done towards 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.  334
  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 bumbailiffs, sergeants at mace, catch-poles, 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 persons 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.  335
  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 asking. 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 a 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 honour 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.  336
  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 vigour 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 Bastile? 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.  337
  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 honour. 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.  338
  I know it will be said that these humours 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 vigour, 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.  339
  You have settled, by an economy as perverted as the policy, two 1 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 farther, 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.  340
  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 situation, 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 congratulation—sed multæ urbes et publica vota vicerunt. He is now sitting on the ruins of the finances, and of the monarchy of France.  341
  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.  342
  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 independency 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 humour 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.  343
  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 towards strangers, towards the obnoxious rich, towards the minority of routed parties, towards 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.  344
  If the parliaments had been preserved, instead of being dissolved at so ruinous a change 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 they 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.  345
  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 tenour and consistency of the laws; it abated the respect of the people towards them; and totally destroyed them in the end.  346
  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.  347
  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 those 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 mean time 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.  348
  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.  349
 
Note 1. In reality three, to reckon the provincial republican establishments. [back]
 

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