After their victory in expelling the Girondins, Parisian militants “regenerated” their own sectional assemblies by purging local moderates, while radicals such as Jacques-René Hébert and Pierre-Gaspard Chaumette tightened their grip on the Paris Commune. On September 5, 1793, they mounted another mass demonstration to demand that the Convention assure food at affordable prices and “place terror on the order of the day.” Led by its Committee of Public Safety, the Convention placated the popular movement with decisive actions. It proclaimed the need for terror against the Revolution’s enemies, made economic crimes such as hoarding into capital offenses, and decreed a system of price and wage controls known as the Maximum. The Law of Suspects empowered local revolutionary committees to arrest “those who by their conduct, relations or language spoken or written, have shown themselves partisans of tyranny or federalism and enemies of liberty.” In 1793–94 well over 200,000 citizens were detained under this law; though most of them never stood trial, they languished in pestiferous jails, where an estimated 10,000 perished. About 17,000 death sentences were handed down by the military commissions and revolutionary tribunals of the Terror, 72 percent for charges of armed rebellion in the two major zones of civil war—the federalist southeast and the western Vendée region. One-third of the départements, however, had fewer than 10 death sentences passed on their inhabitants and were relatively tranquil.

To help police the Maximum and requisition grain in the countryside, as well as to carry out arrest warrants and guard political prisoners, the Convention authorized local authorities to create paramilitary forces. About 50 such armées révolutionnaires came into being as ambulatory instruments of the Terror in the provinces. Fraternizing with peasants and artisans in the hinterland, these forces helped raise revolutionary enthusiasm but ultimately left such village sansculottes vulnerable to the wrath of the wealthy citizens whom they harassed.

Back in June the Convention had quickly drafted a new democratic constitution, incorporating such popular demands as universal male suffrage, the right to subsistence, and the right to free public education. In a referendum this Jacobin constitution of 1793 was approved virtually without dissent by about two million voters. Because of the emergency, however, the Convention placed the new constitution on the shelf in October and declared that “the provisional government of France is revolutionary until the peace.” There would be no elections, no local autonomy, no guarantees of individual liberties for the duration of the emergency. The Convention would rule with a sovereignty more absolute than the old monarchy had ever claimed. Nor would serious popular protest be tolerated any longer, now that the Jacobins had used such intervention to secure power. The balance in the alliance between Montagnards and sansculottes gradually shifted from the streets of Paris to the halls and committee rooms of the Convention.

From the beginning a popular terrorist mentality had helped shape the Revolution. Peasants and townspeople alike had been galvanized by fear and rage over “aristocratic plots” in 1789. Lynchings of “enemies of the people” punctuated the Revolution, culminating in the September massacres, which reflected an extreme fear of betrayal and an unbridled punitive will. Now the Revolution’s leaders were preempting this punitive will in order to control it: they conceived of terror as rational rather than emotional and as organized rather than instinctive. Paradoxically they were trying to render terror lawful—legality being an article of faith among most revolutionaries—but without the procedural safeguards that accompanied the regular criminal code of 1791.

For the more pragmatic Montagnards that deviation was justified by the unparalleled emergency situation confronting France in 1793: before the benefits of the Revolution could be enjoyed, they must be secured against their enemies by force. (“Terror is nothing other than justice, prompt, severe, inflexible.…Is force made only to protect crime?” declared Robespierre.) For the more ideologically exalted Jacobins such as Robespierre and Louis de Saint-Just, however, the Terror would also regenerate the nation by promoting equality and the public interest. In their minds a link existed between terror and virtue: “virtue, without which terror is fatal; terror, without which virtue is powerless.” Whoever could claim to speak for the interests of the people held the mantle of virtue and the power of revolutionary terror.