circumnavigation of the Bordeaux packet. You know that your States General are met, and you have seen the speeches of the King and his ministers at the opening of it, for I take for granted, M. de Montmorin has sent them to M. de Moustier, as I have done to Mr. Jay. I was present at that august ceremony. Had it been enlightened with lamps and chandeliers, it would have been almost as brilliant as the opera. Till now your affairs have gone on with a smoothness and rapidity which has been never before seen. At this moment, however, they are at a dead stand. The great preliminary question, whether they shall vote by orders or persons, seems to threaten a scission. They have not yet ventured to present the question in form, but the votes which have been given by the separate chambers on the outworks of that question, enables us to see pretty clearly the strength of the two parties. For voting by persons are 1, the Tiers Etat, unanimous; 2, a good majority of the Clergy, consisting of the curés; 3, fifty-four members of the Noblesse. For voting by orders are 1, the residue of the Nobles being about 190; 2, a minority in the Clergy, consisting of the bishops and archbishops, &c. All the world is conjecturing how they are to get over the difficulty. Abundance are affrighted, and think all is lost, and the nation in despair at this unsuccessful effort, will consign itself to tenfold despotism. This is rank cowardice. Others propose that the members shall go back to ask new instructions from their constituents. This would be useless, because they know that the same instructions would be repeated, and who can say what new event, internal or external, might shuffle this glorious game out of their hands? Another hypothesis, which I shall develop, because I like it, and wish it, and hope it, is, that as soon as it shall be manifest that the committees of conciliation, now appointed by the three chambers, shall be able to agree in nothing, the Tiers will invite the other two orders to come and take their seats in the common chamber. A majority of the Clergy will come, and the minority of the Nobles. The chamber thus composed, will declare that the States General are now constituted, will notify it to the King, and propose to do business. It may be hoped he will accede to their proposition, justifying it by the necessity of the moment, and negotiating as they go along, the return of the other members of the Noblesse and Clergy. If he should, on the contrary, refuse to receive them as the States General, and adheres to the principles of the Noblesse, it may possibly happen that the Tiers will declare all taxes discontinued, form a declaration of rights, and do such other acts as circumstances will admit, and return every man to his tent. The tax-gatherers might be resisted, and the body of the army found to be disposed differently from their officers. All this will be avoided by admitting this composition of the chamber to be the States General, and pursuing modes of conciliation. These indeed will be difficult for the orders, as the Tiers seem determined to break down all the barriers of the separation of the several orders, and to have in future but one. I would have put off writing to you a few days longer, in hopes of informing you of the unravelling of this knot, but I am in hourly expectation of receiving my leave of absence, and am so prepared for my departure, that a very few days will enable me to set out for America, where I shall have the pleasure of relating to you more accurately the state of things here, of delivering you letters from your sons, and of assuring you in person of those sentiments of esteem and respect, with which I have the honor to be, dear Sir, your most obedient humble servant.
P. S. I have sent to M. le Comte de Moustier a list of the Deputies of the States.
TO MONSIEUR DE LA FAYETTE
Dear Sir,—Revolving further in my mind the idea started yesterday of the King's coming forward in a seance royale, and offering a charter containing all the good in which all the parties agree, I like it more and more. I have ventured to sketch such a charter merely to convey my idea, which I now enclose to you, as I do also to M. de St. Etienne. I write him a letter of apology for my meddling in a business where I know so little and you and he so much. I have thought it better to possess him immediately of the paper, because he may at the conference of to-day sound the minds of the conferees. Yours affectionately.
TO MONSIEUR DE ST. ETIENNE
Sir,—After you quitted us yesterday evening, we continued our conversation (Monsieur de La Fayette, Mr. Short and myself) on the subject of the difficulties which environ you. The desirable object being, to secure the good which the King has offered, and to avoid the ill which seems to threaten, an idea was suggested, which appearing to make an impression on Monsieur de La Fayette, I was encouraged to pursue it on my return to Paris, to put it into form, and now to send it to you and him. It is this; that the King, in a seance royale should come forward with a Charter of Rights in his hand, to be signed by himself and by every member of the three orders. This charter to contain the five great points which the Resultat of December offered, on the part of the King, the abolition of pecuniary privileges offered by the privileged orders, and the adoption of the national debt, and a grant of the sum of money asked from the nation. This last will be a cheap price for the preceding articles; and let the same act declare your immediate separation till the next anniversary meeting. You will carry back to your constituents more good than ever was effected before without violence, and you will stop exactly at the point where violence would otherwise begin. Time will be gained, the public mind will continue to ripen and to be informed, a basis of support may be prepared with the people themselves, and expedients occur for gaining still something further at your next meeting, and for stopping again at the point of force. I have ventured to send to yourself and Monsieur de La Fayette a sketch of my ideas of what this act might contain, without endangering any dispute. But it is offered merely as a canvas for you to work on, if it be fit to work on at all. I know too little of the subject, and you know too much of it, to justify me in offering anything but a hint. I have done it, too, in a hurry; insomuch, that since committing it to writing, it occurs to me that the fifth article may give alarm; that it is in a good degree included in the fourth, and is, therefore, useless. But after all, what excuse can I make, Sir, for this presumption. I have none but an unmeasurable love for your nation, and a painful anxiety lest despotism, after an unaccepted offer to bind its own hands, should seize you again with tenfold fury. Permit me to add to these, very sincere assurances of the sentiments of esteem and respect, with which I have the honor to be, Sir, your most obedient, and most humble servant.
1. The States General shall assemble, uncalled, on the first day of November, annually, and shall remain together so long as they shall see cause. They shall regulate their own elections and proceedings, and until they shall ordain otherwise, their elections shall be in the forms observed in the present year, and shall be triennial.
2. The States General alone shall levy money on the nation, and shall appropriate it.
3. Laws shall be made by the States General only, with the consent of the King.
4. No person shall be restrained of his liberty, but by regular process from a court of justice, authorized by a general law. (Except that a Noble may be imprisoned by order of a court of justice, on the prayer of twelve of his nearest relations.) On complaint of an unlawful imprisonment, to any judge whatever, he shall have the prisoner immediately brought before him, and shall discharge him, if his imprisonment be unlawful. The officer in whose custody the prisoner is, shall obey the orders of the judge; and both judge and officer shall be responsible, civilly and criminally, for a failure of duty herein.
5. The military shall be subordinate to the civil authority.
6. Printers shall be liable to legal prosecution for printing and publishing false facts, injurious to the party prosecuting; but they shall be under no other restraint.
7. All pecuniary privileges and exemptions, enjoyed by any description of persons, are abolished.
8. All debts already contracted by the King, are hereby made the debts of the nation; and the faith thereof is pledged for their payment in due time.
9. Eighty millions of livres are now granted to the King, to be raised by loan, and reimbursed by the nation; and the taxes heretofore paid, shall continue to be paid to the end of the present year, and no longer.
10. The States General shall now separate, and meet again on the 1st day of November next.
Done,