The Third Estate: Nation's Struggle for Representation in French Revolution, Schemes and Mind Maps of Law

Download The Third Estate: Nation's Struggle for Representation in French Revolution and more Schemes and Mind Maps Law in PDF only on Docsity! chap 3 17/7/03 11:10 am Page 70 The French Revolution The twenty-two documents that follow have been selected as evi- dence illustrating salient turning points of the French Revolution across the epoch-making five years 1789 to 1794. The selection begins with sizeable extracts from Sieyès’ What is the Third Estate?, the most influential of the many publications that appeared at the time of the summoning of the Estates-General in 1789. The docu- ments bring out the rapidly unfolding events in France from the fall of the Bastille with the vacillating conduct of the king and the speedy radicalisation of the Revolution: the impact of the radical press, the rise of the Jacobins, the role of the sans-culottes. Evidence is also given of the Revolution’s international dimension, the forebodings of Edmund Burke, the challenge to Europe as perceived by Austria and Prussia; and in turn evidence is given of the further radicalisation of the Revolution that resulted from foreign intervention and civil war with the institution of ‘revolutionary government’ 1793–94: the levée en masse, the law of suspects, the Terror (with testimony from its vic- tims), and the ideological leadership of Robespierre. The selection ends with the uncompromising belligerence towards Old Regime Europe of the ‘Marseillaise’, anthem of the Revolution in arms. Abbé Sieyès, What is the Third Estate?, 1789 The plan of this work is quite simple. We have three questions to ask our- selves. 1. What is the Third Estate? – Everything. 2. What has it been so far in the political order? – Nothing. 3. What does it ask to be? – Something. We shall see if these are the right answers. Meanwhile, it would be wrong to say that these truths have been exaggerated when you have not yet seen the supporting evidence. Next we shall examine the measures that 70 chap 3 17/7/03 11:10 am Page 71 The French Revolution have been tried, and those that must [still] be taken, for the Third Estate to actually become something. Thus we shall state: 4. What ministers have tried to do in the interests of the Third Estate, and what the privileged themselves propose to do for it; 5. What should have been done; 6. And finally, what remains to be done for the Third Estate so that it can take up the place that is its due [. . .] What is a nation? A body of people who join together to live under common laws and be represented by the same legislative assembly. It is only too clear, isn’t it, that the nobility has privileges and exemptions it dares to call its rights that are separate from the rights of the main body of citizens. As a consequence of these special rights, it does not belong to the common order, [nor is it subject to] the common law. Thus its private rights already make the nobility into a separate people, a nation within a nation. [. . .] With regard to its political rights, these also it exercises separately. It has its own representatives without any mandate from the people. Its corps of deputies sits separately, and even if it should sit in the same chamber as the deputies of ordinary citizens, its representative function would still be fundamentally distinct and separate. The nobility is alien to the nation, firstly from the standpoint of principle, since it does not derive its powers from the people; secondly from the standpoint of its objectives since these involve defending, not the general interest, but the private one. The Third Estate thus contains everything proper to the nation; and those who do not belong to the Third Estate cannot be seen as part of the nation. What is the Third Estate? Everything. [What is the third estate? 1: ‘The Third Estate is the complete nation’] We shall examine neither the servitude in which the people have suffered for so long, nor the restrictions and humiliations which still constrain it. Its civil status has changed; it must change still more. It is absolutely impossible for the nation as a whole, or even for any separate order, to be free, if the Third Estate is not. We do not get our freedom from priv- ileges, but from our rights as citizens, rights which belong to everyone. If the aristocrats seek to keep the people in a state of oppression at the expense of that very freedom of which they have proved themselves to be unworthy, the people may well ask on what grounds. If the answer is ‘by right of conquest’, you will agree that this means going back in time a bit. [. . .] 71 chap 3 17/7/03 11:10 am Page 74 Death of the Old Regime? on the one hand that the law is the expression of the general will, that is to say of the plurality, and claim on the other that ten individual wills can cancel out a thousand other individual wills? Do we not then run the risk of having the law made by a minority? This is obviously contrary to the nature of things. If these principles, certain as they are, seem to be derived too much from common ideas, I bring the reader back to a comparison right in front of his nose. Is it not true that everyone finds it fair for the huge bailiwick of Poitou to have more representatives in the Estates-General than the tiny bailiwick of Gex? Why is that? Because, they say, the population and tax revenue of Poitou are much higher than that of Gex. Thus principles are being accepted which permit you to determine the ratio of represen- tatives. Do you want taxation to be the basis? Although we do not know precisely what the respective tax contribution of the different orders is, the Third Estate obviously bears more than half of the burden [. . .] As far as population is concerned, the vast [numerical] superiority of the third order over the first two is well known. Like everybody else, I do not know what the real proportion is, but like anybody else I can do my sums [. . .] In total, there are less than two hundred thousand privileged persons in the first two orders. Compare that figure with a twenty-five to twenty-six million total population, and draw your own conclusions. To get the same answer on the basis of different, but equally incontro- vertible, principles, let us take the view that the privileged orders are to the great mass of citizens what exceptions are to the law. Every society must be regulated by common laws and be subject to a common order. If you make exceptions to that, they ought at the very least to be rare ones, and there can never be any question of the exception having the same weight and influence in public life as the norm. It is really insane to treat the interests of these exceptions as somehow balancing out those of the great mass of the people [. . .] In a few years time, when people come to look back on all the obstacles blocking this all too modest demand of the Third Estate, they will be surprised at the lack of substance in the argu- ments used against it, and even more surprised by the brazen effrontery of those who were bold enough to dig those excuses up. The very people who invoke the authority of facts against the Third Estate could read in those facts a rule for their own conduct, if they were honest with themselves. The existence of a few loyal cities was enough to form a Chamber of Commons in the Estates-General under Philip the Fair.4 Since then, feudal servitude has disappeared, and rural areas have pre- sented us with a large population of new citizens. Towns have multiplied 4 Philip the Fair, reigned 1285–1314. 74 chap 3 17/7/03 11:10 am Page 75 The French Revolution and grown. Commerce and the arts have created, as it were, a multitude of new classes with large numbers of prosperous families full of well- educated, public-spirited men. Why has this dual growth, so much greater than that of those loyal cities of earlier times, not encouraged this same authority to create two new chambers in favour of the Third Estate? Justice and sound politics alike require it. [. . .] But I am using reason against people who can listen only to the voice of their own self-interest. Let us give them something to think about that might touch them more closely. Is it appropriate for today’s nobility to hang on to the language and attitudes of the gothic age? Is it appropri- ate for the Third Estate, at the end of the eighteenth century, to stagnate in the sad, cowardly habits of the old servitude? If the Third Estate recog- nised and respected itself, then others would surely respect it too! People should note that the old relationship between the orders has been changed simultaneously on both sides. The Third Estate, which had been reduced to nothing, has regained, through its industry, part of what had been stolen from it by the offence [committed] against it by those who were stronger. Instead of demanding its rights back, it has consented to pay for them; they have not been restored to the Third Estate but sold back to it; and it has acquiesced in their purchase. But in the end, in one way or another, it can take possession of them. It must not forget that today it constitutes a reality in the nation, whereas before it was a shadow, [and] that, in the course of this long process of change, the nobility has ceased to be the monstrous feudal power that could oppress with impunity. It is the nobility that is now no more than the shadow of what it was, and this shadow is still trying to terrify a whole nation, but in vain – unless this nation wants to be regarded as the vilest on earth. third and final demand of the third estate That the Estates-General should vote, not by orders, but by heads. [. . .] The privileged orders fear the third order having equality of influence, and so they declare it to be unconstitutional. This behaviour is all the more remarkable for the fact that until now they have been two against one without finding anything unconstitutional in that unjust advantage. They feel very deeply the need to retain the veto over anything that could be against their interest. Source: D. Williams (ed.), The Enlightenment, Cambridge, Cam- bridge University Press, 1999, pp. 494–5, 498–9, 504–6. 75