The juridical revolution

Louis XVI’s decision to convene the Estates-General in May 1789 became a turning point in French history. When he invited his subjects to express their opinions and grievances in preparation for this event—unprecedented in living memory—hundreds responded with pamphlets in which the liberal ideology of 1789 gradually began to take shape. Exactly how the Estates-General should deliberate proved to be the pivotal consciousness-raising issue. Each of the three Estates could vote separately (by order) as they had in the distant past, or they could vote jointly (by head). Because the Third Estate was to have twice as many deputies as the others, only voting by head would assure its preponderant influence. If the estates voted by order, the clergy and nobility would effectively exercise a veto power over important decisions. Most pamphleteers of 1789 considered themselves “patriots,” or reformers, and (though some were nobles themselves) identified the excessive influence of “aristocrats” as a chief obstacle to reform. In his influential tract Qu’est-ce que le tiers état? (1789; What Is the Third Estate?) the constitutional theorist Emmanuel-Joseph Sieyès asserted that the Third Estate really was the French nation. While commoners did all the truly laborious and productive work of society, he claimed with some exaggeration, the nobility monopolized its lucrative sinecures and honours. As a condition of genuine reform, the Estates-General would have to change that situation.

A seismic shift was occurring in elite public opinion. What began in 1787–88 as a conflict between royal authority and traditional aristocratic groups had become a triangular struggle, with “the people” opposing both absolutism and privilege. A new kind of political discourse was emerging, and within a year it was to produce an entirely new concept of sovereignty with extremely far-reaching implications.

Patriots were driven to increasingly bold positions in part by the resistance and bad faith of royal and aristocratic forces. It is not surprising that some of the Third Estate’s most radical deputies came from Brittany, whose nobility was so hostile to change that it finally boycotted the Estates-General altogether. Hoping that the king would take the lead of the patriot cause, liberals were disappointed at the irresolute, business-as-usual attitude of the monarchy when the Estates opened at Versailles in May 1789. While the nobility organized itself into a separate chamber (by a vote of 141 to 47), as did the clergy (133 to 114), the Third Estate refused to do so. After pleading repeatedly for compromise and debating their course of action in the face of this deadlock, the Third Estate’s deputies finally acted decisively. On June 17 they proclaimed that they were not simply the Third Estate of the Estates-General but a National Assembly (Assemblée Nationale), which the other deputies were invited to join. A week later 150 deputies of the clergy did indeed join the National Assembly, but the nobility protested that the whole notion was illegal.

Now the king had to clarify his position. He began by closing the hall assigned to the Third Estate and ordering all deputies to hear a royal address on June 23. The deputies, however, adjourned to an indoor tennis court on the 20th and there swore a solemn oath to continue meeting until they had provided France with a constitution. Two days later they listened to the king’s program for reform. In the “royal session” of June 23, the king pledged to honour civil liberties, agreed to fiscal equality (already conceded by the nobility in its cahiers, or grievance petitions), and promised that the Estates-General would meet regularly in the future. But, he declared, they would deliberate separately by order. France was to become a constitutional monarchy, but one in which “the ancient distinction of the three orders will be conserved in its entirety.” In effect the king was forging an alliance with the nobility, whose most articulate members—the judges of the parlements—only a year before had sought to hobble him. For the patriots this was too little and too late.

In a scene of high drama, the deputies refused to adjourn to their own hall. When ordered to do so by the king’s chamberlain, the Assembly’s president, astronomer Jean-Sylvain Bailly (1736–93), responded—to the official’s amazement—that “the assembled nation cannot receive orders.” Such defiance unnerved the king. Backing down, he directed the nobles several days later to join a National Assembly whose existence he had just denied. Thus, the Third Estate, with its allies in the clergy and nobility, had apparently effected a successful nonviolent revolution from above. Having been elected in the bailliages (the monarchy’s judicial districts, which served as electoral circumscriptions) to represent particular constituents to their king, the deputies had transformed themselves into representatives of the entire nation. Deeming the nation alone to be sovereign, they, as its representatives, claimed sole authority to exercise that sovereignty. This was the juridical revolution of 1789.