Camille Desmoulins
'It is a crime to be a king' (1793) As a
young man of twenty-nine, Camille Desmoulins (1760-1794)
played a dramatic part in the destruction of the
Bastille when on 12 July 1789 he jumped on to a table
and addressed the crowd in the Palais-Royal, urging them
to take arms: 'It is I who call my brothers to freedom.
I would rather die than submit to servitude.' A stutter
inhibited his oratory but as editor and founder of the
weekly Revolutions de France he was the
greatest journalist of the Revolution. Desmoulins was
elected by Paris to the National Convention, where he
delivered this speech calling for the execution of the
King.
It is by the law of nations that this trial ought to
be regulated. The slavery of nations during ten thousand
years has not been able to rescind their indefensible
rights. It was these rights that were a standing protest
against the reigning of the Charleses, the Henrys, the
Frederics, the Edwards, as they were against the
despotism of Julius Caesar. It is a crime to be a king.
It was even a crime to be a constitutional king, for the
nation had never accepted the constitution. There is
only one condition on which it could be legitimate to
reign; it is when the whole people formally strips
itself of its rights and cedes them to a single man, not
only as Denmark did in 1660, but as happens when the
entire people has passed or ratified this warrant of its
sovereignty. And yet it could not bind the next
generation, because death extinguishes all rights. It is
the prerogative of those who exist, and who are in
possession of this earth, to make the laws for it in
their turn. Otherwise, let the dead leave their graves
and come to uphold their laws against the living who
have repealed them. All other kinds of royalty are
imposed upon the people at the risk of their
insurrection, just as robbers reign in the forests at
the risk of the provost's punishment befalling them. And
now after we have risen and recovered our rights, to
plead these feudal laws, or even the Constitution, in
opposition to republican Frenchmen, is to plead the
black code to Negro conquerors of white men. Our
constituents have not sent us here to follow those
feudal laws and that pretended constitution, but to
abolish it, or rather, to declare that it never existed,
and to reinvest the nation with that sovereignty which
another had usurped.
Either we are truly republicans, giants who rise to
the heights of these republican ideas, or we are not
giants, but mere pygmies. By the law of nations Louis
XVI as king, even a constitutional king, was a tyrant in
a state of revolt against the nation, and a criminal
worthy of death. And Frenchmen have no more need to try
him than had Hercules to try the boar of Erymanthus, or
the Romans to try Tarquin, or Caesar, who also thought
himself a constitutional dictator.
But it is not only a king, it is a criminal accused
of crimes that in his person we have to punish.
You must not expect me to indulge in undue
exaggeration, and to call him a Nero, as I heard those
do who have spoken the most favourably for him. I know
that Louis XVI had the inclinations of a tiger, and if
we established courts such as Montesquieu calls the
courts of manners and behaviour, like that of the
Areopagus at Athens,
which condemned a child to death for putting out his
bird's eyes; if we had an Areopagus, it would have a
hundred times condemned this man as dishonouring the
human race by the caprices of his wanton cruelties. But
as it is not the deeds of his private life, but the
crimes of his reign that we are judging, it must be
confessed that this long list of accusations against
Louis which our committee and our orators have presented
to us, while rendering him a thousand times worthy of
death, will nevertheless not suggest to posterity the
horrors of the reign of Nero, but the crimes of
constituents, the crimes of Louis the King, rather than
the crimes of Louis Capet.
That which makes the former king justly odious to the
people is the four years of perjuries and oaths,
incessantly repeated into the nation's ear before the
face of heaven, while all the time he was conspiring
against the nation. Treason was always with every nation
the most abominable of crimes. It has always inspired
that horror which is inspired by poison and vipers,
because it is impossible to guard against it. So the
laws of the Twelve Tables devoted to the Furies the
mandatary who betrayed the trust of his constituent, and
permitted the latter to kill the former wherever he
should find him. So, too, fidelity in fulfilling one's
engagements is the only virtue on which those pride
themselves who have lost all others. It is the only
virtue found among thieves. It is the last bond which
holds society - even that of the robbers themselves -
together. This comparison, it is, which best paints
royalty, by showing how much less villainous is even a
robbers' cave than the Louvre, since the maxim of all
kings is that of Caesar: 'It is permissible to break
one's faith in order to reign.' So in his religious
idiom, spoke Antoine de Levre to Charles V: 'If you are
not willing to be a rascal, if you have a soul to save,
renounce the empire.' So said Machiavelli in terms very
applicable to our situation. For this reason it was,
that many years ago in a petition to the National
Assembly I quoted this passage: 'If sovereignty must be
renounced in order to make a people free, he who is
clothed with this sovereignty has some excuse in
betraying the nation, because it is difficult and
against nature to be willing to fall from so high a
position.' All this proves that the crimes of Louis XVI
are the crimes of the constituents who supported him in
his position of king rather than his crimes, that is to
say, of those who gave him the right by letters patent
to be the 'enemy of the nation' and a traitor. But all
these considerations, calculated as they may be to
soften the horror of his crimes in the eyes of
posterity, are useless before the law, in mitigating
their punishment. What! Shall the judges forbear to
punish a brigand because in his cave he has been brought
up to believe that all the possessions of those who pass
his cave belong to him? Because his education has so
depraved his natural disposition that he could not be
anything but a robber? Shall it be alleged as a reason
for letting the treason of a king go unpunished, that he
could not be anything but a traitor, and as a reason for
not giving the nations the example of cutting down this
tree, that it can only bear poisons? ...
'But who shall judge this conspirator?' It is
astonishing and inconceivable what trouble this question
has given to the best heads of the Convention. Removed
as we are from Nature and the primitive laws of all
society, most of us have not thought that we could judge
a conspirator without a jury of accusation, a jury of
judgement, and judges who would apply the law, and all
have imagined necessary a court more or less
extraordinary. So we leave the ancient ruts only to fall
into new ones, instead of following the plain road of
common sense. Who shall judge Louis XVI? The whole
people, if it can, as the people of Rome judged Manlius
and Horatius, nor dreamt of the need of a jury of
accusation, to be followed by a jury of judgement, and
that in turn by a court which would apply the law to
judge a culprit taken in the act. But as we cannot hear
the pleas of twenty-five millions of men we must recur
to the maxim of Montesquieu: 'Let a free people do all
that it can by itself and the rest by representatives
and commissioners!' And what is the National Convention
but the commission selected by the French people to try
the last king and to form the Constitution of the new
republic?
Some claim that such a course would be to unite all
the powers -legislative functions and judicial
functions. Those who have most wearied our ears by
reciting the dangers of this cumulation of powers must
either deride our simplicity in believing that they
respect those limits, or else they do not well
understand themselves. For have not constitutional and
legislative assemblies assumed a hundred times the
functions of judges, whether in annulling the procedure
of the Chatelet, and many other tribunals, or in issuing
decrees against so many prisoners on suspicion whether
there was an accusation or not? To acquit Mirabeau and
'P. Equality', or to send Lessart to Orleans, was not
that to assume the functions of judges? I conclude from
this that those 'Balancers', as Mirabeau called them,
who continually talk of 'equilibrium', and the balance
of power, do not themselves believe in what they say.
Can it be contested, for example, that the nation which
exercises the power of sovereignty does not 'cumulate'
all the powers? Can it be claimed that the nation cannot
delegate, at its will, this or that portion of its
powers to whom it pleases? Can any one deny that the
nation has cumulatively clothed us here with its powers,
both to try Louis XVI and to construct the Constitution?
One may well speak of the balance of power and the
necessity of maintaining it when the people, as in
England, exercises its sovereignty only at the time of
elections. But when the nation, the sovereign, is in
permanent activity, as formerly at
Athens and Rome, and as now in
France, when the right of sanctioning the laws is
recognized as belonging to it, and when it can assemble
every day in its municipalities and sections, and expel
the faithless mandataries, the great necessity cannot be
seen of maintaining the equilibrium of powers, since it
is the people who, with its arm of iron, itself holds
the scales ready to drive out the ambitious and the
traitorous who wish to make it incline to the side
opposite the general interest.
It is evident that the people sent us here to judge
the King and to give them a constitution. Is the first
of these two functions so difficult to fulfil? And have
we anything else to do than what Brutus did when the
people caused him to judge his two sons himself, and
tested him by this, just as the Convention is tested
now? He made them come to his tribunal, as you must
bring Louis XVI before you. It produced for him the
proofs of their conspiracy as you must present to Louis
XVI that multitude of overwhelming proofs of his plots.
They could make no answer to the testimony of a slave,
as Louis XVI will not be able to answer anything to the
correspondence of Laporte, and to that mass of written
proofs that he paid his bodyguard at Coblentz and
betrayed the nation. And it only remains for you to
prove, as Brutus proved to the Roman people, that you
are worthy to begin the Republic and its Constitution,
and to appease the shades of a hundred thousand citizens
whom he caused to perish in pronouncing the same
sentence: 'Go, lictor, bind him to the stake.'
Desmoulins was arrested with Danton in March 1794
and died on the guillotine. |