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Marcus Ackroyd
War, Culture and Society, 1750–1850
Series Editors
Rafe Blaufarb, Florida State University, Tallahassee, FL, USA
Alan Forrest, University of York, York, UK
Karen Hagemann, University of North Carolina at Chapel Hill, Chapel
Hill, NC, USA
The series aims to the analysis of the military and war by combining polit-
ical, social, cultural, art and gender history with military history. It wants
to extend the scope of traditional histories of the period by discussing
war and revolution across the Atlantic as well as within Europe, thereby
contributing to a new global history of conflict in the eighteenth and
nineteenth century.
For more information see: wscseries.web.unc.edu
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer
Nature Switzerland AG 2022
This work is subject to copyright. All rights are solely and exclusively licensed by the
Publisher, whether the whole or part of the material is concerned, specifically the rights
of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on
microfilms or in any other physical way, and transmission or information storage and
retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology
now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc.
in this publication does not imply, even in the absence of a specific statement, that such
names are exempt from the relevant protective laws and regulations and therefore free for
general use.
The publisher, the authors and the editors are safe to assume that the advice and informa-
tion in this book are believed to be true and accurate at the date of publication. Neither
the publisher nor the authors or the editors give a warranty, expressed or implied, with
respect to the material contained herein or for any errors or omissions that may have been
made. The publisher remains neutral with regard to jurisdictional claims in published maps
and institutional affiliations.
This Palgrave Macmillan imprint is published by the registered company Springer Nature
Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
His ignorance was limitless and appalling. He once asked me, for instance,
whether Napoleon lived before Jesus Christ or after. Another time, when I
was looking into a bookshop window, he became very perturbed because one
of the books was called “Of the Imitation of Christ”. He took this for
blasphemy. “What de hell do dey want to go imitatin’ of him for?” he
demanded angrily.
George Orwell, Down and Out in Paris and London
The trouble is there is little the dead can do; otherwise they wouldn’t be the
dead. No! But on the other hand it would be a great mistake to assume the
dead are absolutely powerless. They are powerless only to give the full answer
to the new questions posed for the living by history. But they try!
Ralph Ellison, Invisible Man
To Kit and Caroline
Series Editors’ Preface
The century from 1750 to 1850 was a seminal period of change, not
just in Europe but across the globe. The political landscape was trans-
formed by a series of revolutions fought in the name of liberty—most
notably in the Americas and France, of course, but elsewhere, too: in
Holland and Geneva during the eighteenth century and across much of
mainland Europe by 1848. Nor was change confined to the European
world. New ideas of freedom, equality and human rights were carried to
the furthest outposts of empire, to Egypt, India and the Caribbean, which
saw the creation in 1801 of the first black republic in Haiti, the former
French colony of Saint-Domingue. And in the early part of the nineteenth
century they continued to inspire anti-colonial and liberation movements
throughout Central and Latin America.
If political and social institutions were transformed by revolution in
these years, so, too, was warfare. During the quarter-century of the
French Revolutionary Wars, in particular, Europe was faced with the
prospect of ‘total’ war, on a scale unprecedented before the twentieth
century. Military hardware, it is true, evolved only gradually, and battles
were not necessarily any bloodier than they had been during the Seven
Years War. But in other ways these can legitimately be described as the first
modern wars, fought by mass armies mobilized by national and patriotic
propaganda, leading to the displacement of millions of people throughout
Europe and beyond, as soldiers, prisoners of war, civilians and refugees.
ix
x SERIES EDITORS’ PREFACE
For those who lived through the period these wars would be a formative
experience that shaped the ambitions and the identities of a generation.
The aims of the series are necessarily ambitious. In its various volumes,
whether single-authored monographs or themed collections, it seeks to
extend the scope of more traditional historiography. It will study warfare
during this formative century not just in Europe, but in the Americas, in
colonial societies, and across the world. It will analyse the construction
of identities and power relations by integrating the principal categories of
difference, most notably class and religion, generation and gender, race
and ethnicity. It will adopt a multi-faceted approach to the period, and
turn to methods of political, cultural, social, military, and gender history,
in order to develop a challenging and multidisciplinary analysis. Finally,
it will examine elements of comparison and transfer and so tease out the
complexities of regional, national and global history.
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Acknowledgements
I have incurred numerous debts in the course of this book’s scenic route
to publication. In particular, three historians played a direct role in its
composition. Sir Colin Lucas first pointed me in the direction of the later
years of the revolutionary decade, banned my pen from ‘taking potshots
at various decorated gables’ and sent me several blasts of transatlantic
sanity. Professor Laurence Brockliss was a patient and probing reader of
my work as it developed, and always reminded me of the virtues of context
and coherence. All along, I benefited, as so many scholars have in recent
decades, from the boundless expertise and goodwill of Professor Alan
Forrest. I thank these three for their guidance and inspiration. In addi-
tion, the related publications of numerous historians consistently moved
this study forward. These included major studies published in English by
Howard Brown, Andrew Jainchill, James Livesey and Isser Woloch; and
substantial equivalents in French by Lloris Chavanette, Bernard Gainot,
Pierre Serna and Michel Troper. Their combined works were essential in
the formation and evolution of this book as they accompanied and some-
times re-routed my long journey through the primary sources at the heart
of The French Debate. I would also like to thank the anonymous readers
of my work for their acute and constructive criticism of the various drafts
I submitted to Palgrave Macmillan. At Palgrave, Emily Russell has been
a model of encouragement and patience. Michelle Brumby provided a
xi
xii ACKNOWLEDGEMENTS
professional index at great speed. Finally, this book would never have
been finished without the love and friendship of the one and only Seana
Lanigan.
1 Introduction 1
2 ‘The Constitution, the Whole Constitution, Nothing
But the Constitution’ 11
2.1 Ending Revolutionary Government 12
2.2 The Last of the Crowd 15
2.3 The Public Powers Re-Drawn 17
2.4 Civil Equality: Equality Within Reason 28
2.5 Indefinite Articles: Rights and Liberties 37
2.6 The Two-Thirds Decrees: Conviction and Consequences 46
3 Minds Innocent and Quiet: Conservatives
and the Private Domain, 1795–1797 55
3.1 Private Citizens, Public Speakers 55
3.2 From Brumaire IV to the Elections of the Year V
(November 1795–March 1797) 57
3.3 From the Year V Elections to 18 Fructidor V
(April–September 1797) 86
3.4 18 Fructidor an V (4 September 1797) 103
4 Republicans, Revolution and Law, 1795–1798 107
4.1 The Rules of the Law-Makers 107
4.2 Before Fructidor (October 1795–September 1797) 109
xiii
xiv CONTENTS
Introduction
by ‘reflection and choice’.1 Le siècle des lumières was also, at its end, le
siècle constitutionnel.2
This transformation was fundamental to the political culture of the
French Revolution. Questions of legitimacy and legality were at the heart
of the political Revolution of 1789, most notably in the Third Estate’s re-
invention as the National Assembly in June 1789 and in the hyper legal
content of the original Declaration of Rights, dominated by the principle
and corollaries of equality before the law. For the Revolution’s first legis-
lators, the language of liberty was predominantly the language of law,
the master principle of their new polity. Law could be made consistent,
universal and rational; law restrained public powers from exceeding their
mandates; law assured the citizenry of their inalienable rights.3 In one
sense, the early years of the Revolution was the story of the National
Assembly’s attempt to apply this template to the political, legal and
administrative institutions of late eighteenth-century France. A smooth
transition would have been an astonishing outcome. The practical and
theoretical obstacles were many and various: the ambiguous position of
the King; the problems inherent in defining the new political nation; the
1 See J. Madison, A. Hamilton & J. Jay, The Federalist Papers (London, 1987), p. 1.
Originally published in 1787–88 as The Federalist: A Collection of Essays, Written in
Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17,
1787 . In the American context note Jack Rakove’s tribute to ‘the American success in
distinguishing a constitution from ordinary law and in developing a method for making
the adoption of a national constitution the result of an unambiguously clear and definitive
deliberative process’: J. Rakove, ‘Constitutionalism. The Happiest Revolutionary Script’,
in K. M. Baker and D. Edelstein (eds.), Scripting Revolution. A Historical Approach to
the Comparative Study of Revolutions (Stanford, 2015), p. 106. For a recent discussion
of the inception of the American Constitution, see, for example, Mary Sarah Bilder, ‘The
Constitution to The Constitution’, Boston College Law School Faculty Papers, 9 December
2018.
2 For the phrase ‘le siècle constitutionnel’ see Annie Jourdan, ‘République Française,
Révolution batave: le moment constitutionnel’, in Pierre Serna (ed.), Républiques Sœurs
Le Directoire et la Révolution Atlantique (Rennes, 2009), p. 301. For the enduring
significance of the French Constitution of 1791, see Michael P. Fitzsimmons, ‘Sovereignty
and Constitutional Power’, in David Andress (ed.), The Oxford Handbook of the French
Revolution (Oxford, 2015), pp. 201–17.
3 Note the extent to which these perceptions emerged from ‘the extraordinarily creative
process of the Assembly itself’ rather than as a direct consequence of a pre-existing agenda
among former members of the Third Estate: see Timothy Tackett, Becoming a Revolu-
tionary: The Deputies of the French National Assembly and the Emergence of a Revolutionary
Culture (1789–1790) (Princeton, 1996), quote on page 307.
1 INTRODUCTION 3
4 For this allusion to the fabled forest of Grocéliande, see Robert Badinter, ‘Naissance
d’une justice’, in Badinter (ed.), Une Autre Justice 1789–1799 Etudes publiées sous la
direction de Robert Badinter (Paris, 1989), p. 9.
5 For the légicentrisme of 1789, see Stéphane Rials, La declaration des droits de l’homme
et du citoyen (Paris, 1988), p. 13. Taken up for 1795 by Loris Chavanette, Quatre-vingt-
quinze La Terreur en procès (Paris, 2017).
4 M. ACKROYD
6 See James Livesey, Making Democracy in the French Revolution (Harvard, 2001);
Howard Brown, Ending the French Revolution: Violence, Justice and Repression from the
Terror to Napoleon (Charlottesville, Vancouver, 2006); and Andrew Jainchill, Reimagining
Politics after the Terror: The Republican Origins of French Liberalism (Ithaca and London,
2008). See also the insightful Martyn Lyons, Napoleon Bonaparte and the Legacy of the
French Revolution (New York: St Martin’s Press, 1994).
7 Thomas Carlyle, The French Revolution (Glasgow, 1869), p. 588.
8 Michel Troper, Terminer la Révolution La Constitution de 1795 (Paris, 2006). Online
see especially the abundance of original documents now available on Gallica, the digital
library of the Bibliothèque Nationale de France, www.bnf.fr.
9 See Bronislaw Baczko, Comment Sortir de la Terreur Themidor et la Révolution (Paris,
1989); Pierre Serna, La République des girouettes. 1789–1815, et au-delà: une anomalie
politique, la France de l’extrême centre (Paris, 2005); and Bernard Gainot, 1799, une
alternative à Brumaire, le jacobinisme et la représentation démocratique (Paris, 2001).
Among many other publications, see, for example, the essays and papers in P. Bourdin &
B. Gainot (eds.), La République Directoriale (2 vols., Clermont Ferrand, 1999); in J.
Bernet, J-P. Jessenne & H. Leuwers (eds.), Du Directoire au Consulat (4 vols., Presses
1 INTRODUCTION 5
from the ground’.13 Furthermore, the categories are not mutually exclu-
sive. Several Thermidorians—first presented here in their incarnation
as authors and debaters of the Constitution in 1795—reappear either
among the Conservatives of Chapter 3 or the Republicans of Chapter 4.
Similarly, several Republicans from Chapter 4 become Brumairiens in
Chapter 5. Notably, too, the Conservatives in Chapter 3 shade into Royal-
ists, belonging in part to ‘a spectrum of opinions ranging from moderate
constitutionalists to those who would restore the Old Regime in full, with
considerable range and fluidity in between’.14 Finally, to a degree, the
separation of Conservatives and Republicans through Chapters 3 and 4
sacrifices the dynamic of opinion and riposte on display in the primary
sources.
Nonetheless, these categories are also workable and rewarding. Their
imposition encourages analysis rather than narrative. They confirm the
tenacity of the decade-long revolutionary preoccupation with unity and
indivisibility, a political culture where affiliation always implied faction,
and faction always implied conspiracy. These presiding obsessions mili-
tated strongly against the formation of official political parties and
guaranteed electoral instability. The absence of parties contrasted with
the abundance of opinions articulated and recorded between 1795 and
1800. Dozens of speakers and writers appear in the following chap-
ters: Directors, government ministers, deputies, officials, journalists and
commentators. Only two of these—Bonaparte and Sieyès, dominant in
Chapter 5—are major historical figures. Specialists of the Revolutionary
and Napoleonic era will be familiar with numerous others: Thibaudeau,
Roederer, Cambacérès and Bailleul, for example.15 In addition, and to
confirm the breadth and depth of the debates, many much more obscure
figures also speak in these pages: unheralded deputies such as Audouin
and Pelet; Muraire and Lemerer; Riou and Creuzé-Latouche; Harmand
and Bérenger.
Yet if some of the reputations are slight and even non-existent, the
material is consistently significant and often extremely vivid, witness one
Subject maliciously using its natural weapons. Horse kicks, bites, crowds against
wall, rears, bucks, plunges, treads upon. Cattle use horns or forehead, or kick. Dog
bites. Cats scratch and bite. Ticklishness different. Developed or inherited.
Revenge. Desperation in pain. Sexual. A psychosis. Responsibility of owner, in
selling, toward employe, in exposing in a public place. Treatment: remove source
of suffering, treat kindly, secure confidence, castrate, place under absolute
constraint, throw a la Rarey, Comanche bridle, tie head to tail and circle, etc.