Courts -- United States; Revolutions; United States -- Politics and government
Under the stimulus of a change in environment of mind is apt to expand
with something of this resistless energy. It did so in the Reformation.
It may be said almost invariably to do so, when decay does not
supervene, and it now concerns us to consider, in some rough way, what
the cost to the sinking class of attempting repression may be, when it
miscalculates its power in such an emergency.
I take it to be tolerably clear that, if the French privileged classes
had accepted the reforms of Turgot in good faith, and thus had spread
the movement of the revolution over a generation, there would have been
no civil war and no confiscations, save confiscations of ecclesiastical
property. I take it also that there would have been no massacres and no
revolutionary tribunals, if France in 1793 had fought foreign enemies
alone, as England did in 1688. Even as it was the courts did not grow
thoroughly political until the preservation of the new type of mind came
to hinge largely on the extermination of the old. Danton's first and
relatively benign revolutionary tribunal, established in March, 1793,
was reorganized by the Committee of Public Safety in the following
autumn, by a series of decrees of which the most celebrated is that of
September 17, touching suspected persons. By these decrees the tribunal
was enlarged so that, in the words of Danton, every day an aristocratic
head might fall. The committee presented a list of judges, and the
object of the law was to make the possession of a reactionary mind a
capital offence. It is only in extreme exigencies that pure thinking by
a single person becomes a crime. Ordinarily, a crime consists of a
malicious thought coupled with an overt act, but in periods of high
tension, the harboring of any given thought becomes criminal. Usually
during civil wars test oaths are tendered to suspected persons to
discover their loyalty. For several centuries the Church habitually
burnt alive all those who denied the test dogma of transubstantiation,
and during the worst spasm of the French Revolution to believe in the
principle of monarchy and privilege was made capital with confiscation
of property.
Public-domain text, read in full here on John Shaqi.
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