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room 〃sixty of the victors at the Bastille led by the brave Santerre；
who intended to interfere in the trial。〃 … They intervene； indeed； and
first against the plaintiff。 M。 Etienne is attacked at the entrance
of the court…room and nearly knocked down He is so maltreated that he
is obliged to seek shelter in the guard…room。 He is spit upon； and
they 〃move to cut off his ears。〃 His friends receive 〃hundreds of
kicks；〃 while he runs away； and the case is postponed。 It is
called up again several times； so no the judges have to be restrained。
A certain Mandart in the audience； author of a pamphlet on 〃Popular
Sovereignty；〃 springs to his feet and； addressing Bailly； mayor of
Paris； and president of the tribunal； challenges the court。 As usual
Bailly yields； attempting to cover up his weakness with an honorable
pretext： 〃Although a judge can be challenged only by the parties to a
suit； the appeal of one citizen is sufficient for me and I leave the
bench。〃 The other judges； who are likewise insulted and menaced； yield
also； and； through a sophism which admirably illustrates the times；
they discover in the oppression to which the plaintiff is subject a
legal device by which they can give a fair color to their denial of
justice。 M。 Etienne having signified to them that neither he nor his
counsel could attend in court； because their lives were in danger； the
court decides that M。 Etienne； 〃failing to appear in person； or by
counsel； is non…suited。〃 Victorious shouts at once proceed from the
two journalists； while their articles on the case disseminated
throughout France set a precedence contained in the 。ruling。 Any
Jacobin may after this with impunity denounce； insult； and calumniate
whomsoever he pleases； sheltered as he is from the action of courts；
and held superior to the law。
Let us see； on the other hand； what liberty they allow their
adversaries。 A fortnight before this； Mallet du Pan； a writer of great
ability； who； in the best periodical of the day； discusses questions
week after week free of all personalities； the most independent；
straight…forward； and honorable of men； the most eloquent and
judicious advocate of public order and true liberty； is waited upon by
a deputation from the Palais…Royal；＇26＇ consisting of about a dozen
well…dressed individuals； civil enough and not too ill…disposed； but
quite satisfied that they have a right to interfere。 The conversation
which ensues shows to what extent the current political creed had
turned peoples' heads。
〃One of the party； addressing me； informed me that he and his
associates were deputies of the Palais…Royal clubs； and that they had
called to notify me that I would do well to change my principles and
stop attacking the constitution； otherwise extreme violence would be
brought to bear on me。 I replied that I recognized no authority but
the law and that of the courts； the law is your master and mine； and
no respect is shown to the constitution by assailing the freedom of
the press。〃
〃The constitution is the common will； resumed the spokesman。 The law；
is the authority of the strongest。 You are subject to the strongest
and you ought to submit。 We notify you of the will of the nation and
that is the law。'〃
Mallet du Pan stated to them that he was not in favor of the ancient
régime； but that he did approve of royal authority。
〃Oh！〃 exclaimed all together； 〃 we should be sorry not to have a king。
We respect the King and maintain his authority。 But you are forbidden
to oppose the dominant opinion and the liberty which is decreed by the
National Assembly。〃
Mallet du Pan； apparently； knows more about this than they do； for he
is a Swiss by birth； and has lived under a republic for twenty years。
But this does not concern them。 They persist all the same； five or six
talking at once； misconstruing the sense the words they use； and each
contradicting the other in point of detail； but all agreeing to impose
silence on him：
〃You should not run counter to the popular will； for in doing this you
preach civil war； bring the assembly's decrees into contempt； and
irritate the nation。〃
Evidently； for them； they constitute the nation； or； more or less；
they represent it。 Through this self…investiture they are at once
magistrates； censors； and police； while the scolded journalist is only
too glad； in his case； to have them stop at injunctions。 Three days
before this he is advised that a body of rioters in his neighborhood
〃threatened to treat his house like that of M。 de Castries；〃 in which
everything had been smashed and thrown out the windows。 At another
time； apropos of the suspensive or absolute veto； 〃four savage fellows
came to his domicile to warn him； showing him their pistols； that if
he dared write in behalf of M。 Mounier he should answer for it with
his life。〃 Thus； from the outset；
〃just as the nation begins to enjoy the inestimable right of free
thought and free speech； factional tyrants lose no time in depriving
citizens of these； proclaiming to all that would maintain the
integrity of their consciences： Tremble； die； or believe as we do！〃
After this； to impose silence on those who express what is offensive；
the crowd； the club； the section； decree and execute； each on its own
authority；＇27＇ searches； arrests； assaults； and； at length；
assassinations。 During the month of June； 1792； 〃three decrees of
arrest and fifteen denunciations； two acts of affixing seals； four
civic invasions of his premises； and the confiscation of whatever
belonged to him in France〃 is the experience of Mallet du Pan。 He
passes four years 〃without knowing with any certainty on going to bed
whether he should get out of it in the morning alive and free。〃 Later
on； if he escapes the guillotine and the lantern； it is owing to
exile。 On the 10th of August； Suleau； a conservative journalist； is
massacred in the street。 This shows how the party regards the
freedom of the press。 Other liberties may be judged of by its
encroachments on this domain。 Law； in its eyes； is null when it
proves an obstacle； and when it affords protection to adversaries；
consequently there is no excess which it does not sanction for itself；
and no right which it does not refuse to others。
There is no escape from the tyranny of the clubs。 〃That of Marseilles
has forced the city officials to resign；＇28＇ it has summoned the
municipal body to appear before it； it has ignored the authority of
the department； and has insulted the administrators of the law。
Members of the Orleans club have kept the national Supreme Court under
supervision； and taken part in its proceedings。 Those of the Caen club
have insulted the magistrates； and seized and burnt the records of the
proceedings commenced against the destroyers of the statue of Louis
XIV。 At Alby they have forcibly abstracted from the record…office the
papers relating to an assassin's trial； and burnt them。〃 The club at
Coutance gives the deputies of its district to understand that 〃no
reflections must be cast on the laws of the people。〃 That of Lyons
stops an artillery train； under the pretext that the ministry in
office does not enjoy the nation's confidence。 Thus does the club
everywhere govern； or prepare to govern。 On the one hand； at the
elections； it sets aside or supports candidates； it alone votes； or；
at least； controls the voting。 In short； the club is the elective
power； and practically； if not legally； enjoys the privileges of a
political aristocracy。 On the other hand； it assumes to be a
spontaneous police…board； it prepares and circulates the lists which
designate the ill…disposed； suspected； and lukewarm； it lodges
information against nobles whose sons have emigrated； against unsworn
priests who still reside in their former parishes； and against nuns；
〃whose conduct is unconstitutional〃。 It prompts； directs； and rebukes
local authorities；