1797: Gracchus Babeuf, for the Conspiracy of Equals

Add comment May 27th, 2010 Headsman

If the “revolutionary extremist” exists at all as an identifiable type, he exists in purest incarnation in Gracchus Babeuf. No revolutionary better fits the description “narrowminded to the point of genius”; few have defined their heaven more clearly or crusaded so fanatically, ascetically, so religiously to bring it to earth.

Gracchus Babeuf: The First Revolutionary Communist

On this date in 1797, Francois-Noel Babeuf lost his head for the Conspiracy of Equals — the last Jacobin upheaval of the French Revolution, or the first Communist upheaval of post-Revolution modernity.

Francois-Noel — he styled himself “Gracchus” after the populist Roman tribunes — was a young man of Desmoulins‘ generation but from a considerably more hardscrabble background. Like the starry-eyed Dantonist scribbler, Babeuf discovered himself a brilliant journalist and pamphleteer with the onset of the Revolution; he did several prison stints during various revolutionary phases of the early 1790s for his too-radical-for-school opinions.

He did another in 1795 under the French Directory for his firebreathing rag Le Tribun du Peuple, which was particularly unfashionable stuff during the post-Robespierre Thermidorian regime.

Nothing daunted, Babeuf emerged from prison the leading apostle of the Parisian proletariat which had by then been decisively separated from power.

The order of the day was class consolidation with the spoils of the aristocracy apportioned among a new oligarchy of wealth. As France rushed headlong towards Bonaparte and Bourbon restoration, Babeuf was the man left to rally “the party which desires the reign of pure equality.”

The French Revolution was nothing but a precursor of another revolution, one that will be bigger, more solemn, and which will be the last.

The people marched over the bodies of kings and priests who were in league against it: it will do the same to the new tyrants, the new political Tartuffes seated in the place of the old.

Manifesto of the Equals, 1796

One can see why later revolutionaries — Marx included; Babeuf makes a cameo in the Communist Manifesto — would adopt this sort of thing as a harbinger of the next century’s revolutions.

And if the Directory had known who Nicholas II would be, it would have had no intention of going the way of his family.

Instead, it shut him down in February, 1796: Napoleon Bonaparte personally carried out the operation, just days before he wed Josephine.


The Babeuf Conspiracy. Anonymous French print.

Babeuf’s party comes down to us as a “conspiracy,” under which word the state would charge him and which his follower Philippe Buonarroti would later rebrand the “Conspiracy of Equals”. It was not so much a grassy-knoll type of conspiracy as it was an underground organization.

When its adherents placarded Paris with the seditious “Analysis of the Doctrine of Babeuf” as the city endured a potentially dangerous economic crisis in April 1796, the government was put to a test of its strength.

It passed.

Having infiltrated Babeuf’s network, it arrested the principals on the eve of the Conspiracy’s intended insurrection. They were hailed out of Paris (a safeguard against sympathetic risings) to the commune of Vendome and there put on trial.* Babeuf and his associate Augustin Alexandre Darthe were condemned to death on May 26th and guillotined the very next day.

The last gasp of the French Revolution dropped with their heads into the basket.

Revolutionary Babeuvism, however, had scarcely just begun.

I don’t know what will become of the republicans, their families, and even the babies still at their mothers’ breasts, in the midst of the royalist fury that the counter-revolution will bring. O my friends! How heart-rending these thoughts are in my final moments! … To die for the fatherland, to leave a family, children, a beloved wife, all would be bearable if at the end of this I didn’t see liberty lost and all that belongs to sincere republicans wrapped in a horrible proscription.

-Babeuf’s last letter to his family

* The trial of Babeuf was itself a jurisprudential milestone: it was the first French trial to be transcribed verbatim.

What might look today like a nifty little advance for efficient judicature was bitterly controversial in 1797. The French Revolution had overturned an ancien regime practice of professional magistrates accepting legal testimony by written deposition and deciding matters behind closed doors. The liberte, egalite, fraternite way would instead demand that testimony be given live in the courtroom where citizen jurors could weigh its credibility.

Babeuf’s lawyer, Pierre-Francois Real, protested against the court stenographers, arguing that “The law insists that the system of written depositions not be restored in any way. That system will undoubtedly return if any means are used to save testimony given orally.”

There’s a fascinating disquisition on the curious and contradictory development of this issue and the way it “violates … common assumptions about the advance of textuality in the West” during the French Revolution in Laura Mason, “The ‘Bosom of Proof’: Criminal Justice and the Renewal of Oral Culture during the French Revolution” The Journal of Modern History, March 2004.

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1795: Antoine Quentin Fouquier-Tinville, Robespierre’s prosecutor

5 comments May 7th, 2009 Headsman

On this date in 1795, the attorney who had engineered the Terror was guillotined for engineering the Terror.

Antoine Quentin Fouquier de Tinville (English Wikipedia page | French), or just plain Fouquier-Tinville, had emerged during the Revolution from penurious obscurity to wrangle a jury foreman’s position courtesy of his connection to Camille Desmoulins. When Desmoulins ally Georges Danton spearheaded creation of a Revolutionary Tribunal (French link), Fouquier-Tinville drew the choice gig of Public Prosecutor.

From that perch, he would supply the arbitrary exercises of the Committee of Public Safety their (increasingly scanty) scaffolding of formal legality in Paris’s greatest show trials.

Charlotte Corday.

The Girondists.

Marie Antoinette.

Fouquier-Tinville’s own onetime benefactors, Danton and Desmoulins. (He struggled to contain Danton’s rhetorical fireworks, as depicted in the 1983 film Danton — we see him plying his trade from about 3:29 of this clip.)

Heck … when the Terror ended, our good state’s attorney even signed off on the execution of Robespierre, with what must have been a lump in his throat. He was himself denounced within days, and narrowly preserved from the summary justice of his fellow-prisoners upon incarceration.

Naturally, like every criminal barrister since, Fouquier-Tinville’s defense was, hey, don’t blame me: the law made me do it. “I had only acted in the spirit of the laws passed by a Convention invested with all powers. Through the absence of its members [on trial], I find myself the head of a conspiracy I have never been aware of.”

Pity the lawyers.

This varietal of the only-following-orders defense did not impress in Fouquier-Tinville’s case; the Public Prosecutor had made the role too much his own.

I have been told by a gentleman who was at school with Fouquier, and has had frequent occasions of observing him at different periods since, that he always appeared to him to be a man of mild manners, and by no means likely to become the instrument of these atrocities; but a strong addiction to gaming having involved him in embarrassments, he was induced to accept the office of Public Accuser to the Tribunal, and was progressively led on from administering to the iniquity of his employers, to find a gratification in it himself.

And, indeed, he was condemned by his own hand. His lawyerly letter to the Convention during Danton’s trial — “the accused are behaving like madmen and demand the summoning of their witnesses … our judicial powers do not furnish us with any means of refusing” — duly elicited those heretofore absent powers, which the prosecutor immediately deployed to gag the defense.

Antoine Quentin Fouquier de Tinville, the sinister mediocrity who gave villainy the cover of law, was guillotined this morning in 1795 to the delight of the Paris mob: the last head to roll in a batch of 16.

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1794: Maximilien Robespierre, Saint-Just and the Jacobin leadership

30 comments July 28th, 2008 Headsman

On this date in 1794, the curtain — and the blade — fell on the Terror.

Maximilien Robespierre, who had breakfasted the previous day as master of France, was guillotined this evening with his chief lieutenants and partisans.

His fall came as sudden and inevitable as his rise had been unpredictable.

Five years before, Robespierre was an unprosperous Arras attorney of fashionably liberal philosophies, and you wouldn’t have given a sou for the prospects of his being remembered five minutes after he died. Yet it would come that his inseparable lieutenant Saint-Just would remark with understatement, “The words we have spoken will never be forgotten on earth.”

The historic convocation of the Estates-General thrust him onto the political stage where he would make the dread name that follows him, starting off in the Revolution’s inception as a far-left deputy. He took a notable early stand against the death penalty, with several arguments that are quite familiar by our day:

The first obligation of a legislator is to form and preserve public morals, the source of all freedom, source of all social happiness. When in running to a particular goal he turns away from this general and essential goal he commits the most vulgar and dire of errors. The king must thus present to the people the purest model of justice and reason. If in place of this powerful, calm and moderate severity that should characterize it they place anger and vengeance; if they spill human blood that they could spare and that they have no right to spread; if they spread out before the people cruel scenes and cadavers wounded by torture, it then alters in the hearts of citizens the ideas of the just and the unjust; they plant the seed in the midst of society of ferocious prejudices that will produce others in their turn. Man is no longer for man so sacred an object: we have a less grand idea of his dignity when public authority puts his life at risk. The idea of murder inspires less fear when the law itself gives the example and the spectacle. The horror of crime is diminished when it is punished by another crime. Do not confuse the effectiveness of a penalty with the excess of severity: the one is absolutely opposed to the other. Everything seconds moderate laws; everything conspires against cruel laws.

For Robespierre, it was an abomination for the nation to deal out death within its community, but his Rousseauan elevation of the collective and abstract People made extirpating existential threats to the community itself an altogether different matter.

The future tyrant’s anti-death penalty case for executing the deposed Louis XVI, flowing directly from those principles, makes interesting reading and is excerpted at length (all emphases added) here for its topicality:

When a nation has been forced to resort to the right of insurrection it returns to a state of nature as regards its tyrant. How can the latter invoke the social compact? He has annihilated it. The nation can preserve it still, if it thinks fit, in whatever concerns the interrelations of its citizens: but the effect of tyranny and insurrection is to break it entirely as regards the tyrant; it is to throw them into mutual war; the tribunals, the judiciary procedures, are made for the members of the city. … The right to punish the tyrant and that to dethrone him are the same thing. The one does not admit of different forms from the other. The tyrant’s trial is insurrection; his judgment is the fall of his power; his penalty, whatever the liberty of the people demands.

Peoples do not judge like judiciary courts. They pass no sentences; they hurl the thunderbolt. They do not condemn kings: they thrust them back into oblivion; and this justice is not inferior to that of courts. If they arm themselves against their oppressors for their own safety, why should they be bound to adopt a mode of punishing them which would be a new danger to themselves?

As for me, I abhor the penalty of death so lavish in your laws, and I have neither love nor hatred for Louis. Crimes only I hate. I have asked the Assembly, which you still call Constituent, for the abolition of the death penalty, and it is not my fault if the first principles of reason seem to it moral and political heresies. But if you never bethought yourselves to invoke them in favor of so many unfortunates whose offenses are less their own than those of the government, by what fatality do you remember them only to plead the cause of the greatest of all criminals? You ask an exception to the death penalty for him alone against whom it can be legitimate! Yes, the penalty of death generally is a crime, and for that reason alone, according to the indestructible principles of nature, it can be justified only in cases when it is necessary for the safety of individuals or the social body. Public safety never demands it against ordinary offenses, because society can always guard against them by other means and make the offender powerless to harm it. But a dethroned king in the bosom of a revolution which is anything but cemented by laws, a king whose name suffices to draw the scourge of war on the agitated nation, neither prison nor exile can render his existence immaterial to the public welfare: and this cruel exception to ordinary laws which justice approves can be imputed only to the nature of his crimes.

It is with regret that I utter this fatal truth. But Louis must die, because the country must live.

“Pity is treason.”

Months later, as head of the Committee of Public Safety — the Orwellian name harkens to the body’s power to judge who lay inside the community and who, lying outside, made war upon it — he would find an inexhaustible fifth column of kindred threats to the Revolution.

But Revolutionary France really was in a war for its survival, against external and internal foes alike. The monarchist for whom crime multiplied upon crime every day after the Tennis Court Oath has the easiest time of this period, for every step brings a new monstrosity. And it is well enough to call Robespierre illiberal, to shudder at his prim and icy persona.

But if the French Revolution’s liberte, egalite, fraternite is a legacy for celebration — as it is to much of the west, and much of the world — one must grapple with the place of this man and his methods.

Merely because they are the paths not taken, one hardly seems entitled to assume that at that tumultuous moment the rule of a constitutional monarchy heir to all the monstrosity of the ancien regime, the government of the Girondins who had launched the nearly fatal war against Austria, or that of Danton‘s haute bourgeoisie would necessarily have delivered France to a better place, or even a different one.

For a Dickens, Robespierre’s Terror is simply the appalling wrong turn of a high-minded movement. For Trotsky, “the Incorruptible”* is the admirable sword of France’s bourgeois revolution who effects the needful task of annihilating the feudal nobility, who presses fearlessly forward seeing that the only alternative is the slide into Bonaparte. Between the two lie many readings of the man.

Whether an aberration, a visionary, or a necessity, he waded a sea of blood for his frightening twins Virtue and Terror.

The fall of 9 Thermidor preceded Robespierre’s execution by a full — and very eventful — day. Arrested by the Convention, he was promptly liberated by his base in the Paris Commune which came within a whisker of overthrowing the Convention at that very moment. Instead, a frantic few hours of marshaling the armed power of the Revolution’s rival claimants to leadership ensued ending in a fray which saw the Robespierrists overpowered.

Robespierre was shot through the jaw in the process of signing an appeal to arms — some say a botched suicide, but a wound from the invading national guard is more generally believed; at any rate, the bloodied document with his signature begun “R-o-” is one of the age’s most arresting historical artifacts.

Horrifically injured, he lay most of the following day exposed for public derision before he was hauled with his party to the guillotine, re-erected in the Place de la Revolution for this most memorable execution. In Carlyle’s florid (and free) narration:

Robespierre lay in an anteroom of the Convention hall, while his Prison-escort was getting ready; the mangled jaw bound up rudely with bloody linen: a spectacle to men. He lies stretched on a table, a deal box his pillow; the sheath of the pistol is still clenched convulsively in his hand. Men bully him, insult him: his eyes still indicate intelligence; he speaks no word. … -O reader, can thy hard heart hold out against that? His trousers were nankeen; the stockings had fallen down over the ankles. He spake no more word in this world.

Fouquier had but to identify; his Prisoners being already Out of Law.** At four in the afternoon, never before were the streets of Paris seen so crowded. From the Palais de Justice to the Place de la Revolution … it is one dense stirring mass; all windows crammed; the very roofs and ridge-tiles budding forth human Curiosity, in strange gladness. … All eyes are on Robespierre’s Tumbril, where he, his jaw bound in dirty linen, with his half-dead Brother, and half-dead Henriot, lie shattered; their “seventeen hours” of agony about to end. The Gendarmes point their swords at him, to show the people which is he. A woman springs on the Tumbril; clutching the side of it with one hand; waving the other Sibyl-like; and exclaims: “The death of thee gladdens my very heart, m’enivre de joie;” Robespierre opened his eyes; “Scelerat, go down to Hell, with the curses of all wives and mothers!” — At the foot of the scaffold, they stretched him on the ground till his turn came. Lifted aloft, his eyes again opened; caught the bloody axe. Samson wrenched the coat off him; wrenched the dirty linen from his jaw: the jaw fell powerless, there burst from him a cry; — hideous to hear and see. Samson, thou canst not be too quick!

Samson’s work done, there bursts forth shout on shout of applause. Shout, which prolongs itself not only over Paris, but over France, but over Europe, and down to this generation. Deservedly, and also undeservedly. O unhappiest Advocate of Arras, wert thou worse than other Advocates? Stricter man, according to his Formula, to his Credo and his Cant, of probities, benevolences, pleasures-of-virtue, and such like, lived not in that age. A man fitted, in some luckier settled age, to have become one of those incorruptible barren Pattern-Figures, and have had marble-tablets and funeral-sermons. His poor landlord, the Cabinet-maker in the Rue Saint-Honore, loved him; his Brother died for him. May God be merciful to him, and to us!

Part of the Themed Set: Thermidor.

* Even his enemies agreed — sometimes adding it to the bill of particulars against him — that Robespierre lived a life of personal moderation; he lived as a boarder with a working-class family, and disdained to avail the politician’s typical harvest of political graft.

** The Convention had decreed Robespierre’s outlawry when he escaped custody; his immediate execution was, of course, akin to the logic he had once turned against the king.

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1794: The last cart of the Terror, not including the Marquis de Sade

July 27th, 2008 Headsman

July 27th, 1794 — the 9th of Thermidor, year II — is inscribed in history as the day Robespierre fell, when a parliamentary coup d’etat between the right and the remnants of the parties he had destroyed shouted him down as he readied the National Convention for his next purge.

This scene from the multinational bicentennial epic La Revolution Francaise conflates the events of 8 Thermidor — when Robespierre delivered a menacing two-hour address but provoked outcries by failing to name the deputies he implicated in “conspiracy” — and 9 Thermidor, when Robespierre’s lieutenant Saint-Just was shouted down from the podium and Robespierre ended up staggering through the benches appealing against the imprecations of his colleagues as his arrest is decreed.

Even as the month of Thermidor’s eponymous epochal event was unfolding, the daily gears of Revolutionary justice were turning: the usual haul of unfortunates condemned, including seven women from the previous day’s batch of Saint Lazare prison conspirators who had pled their bellies to buy a day.

That day was one day too little.

Stanley Loomis is overtly hostile to the Revolution, but his middlebrow sensibilities are well-tuned for the pathos of the scene:

Indifferent to the storms that were raging in the Convention, the Revolutionary Tribunal continued to go about its implacable business with cold efficiency. The arrest of its President [the Robespierrist Rene-Francois Dumas (the link is French), who was taken in the courtroom] startled no one. Since its inception that court had been witness to too many dramas to be astonished any further. Dumas quietly departed; the trials continued. Forty-two prisoners were sentenced to death. By four o’clock their hair had been cut and they were ready to be sent on their way. But Samson, aware of disturbances in the St. Antoine quarter of the city, suggested to [prosecutor] Fouquier[-Tinville] that the executions be deferred until the morrow.*

“Justice must take its course,” snapped the Public Prosecutor. “Do your work.”

And so the last “batch” lumbered off in the direction of the Faubourg St. Antoine and the Place de la Nation. With the exception of the Princesse de Monaco, they were nearly all obscure and humble members of the petite bourgeoisie. Hanriot, waving his sabre, conducted the procession to the place of execution. By seven o’clock that evening, as the minutes of the military escort poignantly show, the unfortunate victims, who had been so close to deliverance, had all been executed.

Henriot proceeded directly from his escort service to the Convention to liberate Robespierre for the night’s brief pitched battle against the Convention, and here we take our leave of them, for now. We shall meet both of them on the scaffold tomorrow.

Not on the wagon** with the Princess of Monaco was a man whom Loomis would have pitied rather less.

The bloated, penniless 54-year-old fruit of an ancient noble house, Donatien Alphonse François de Sade, Marquis de Sade had, in the most recent chapter of his astounding career, navigated the Revolution in the improbable guise of a proletarian section head and revolutionary tribunal judge, until his own arrest late the previous year.

This day, de Sade’s name was on a list of prisoners to be seized from Madelonnettes Prison — “Sade, former count, captain of Capet’s guards in 1792, has corresponded with enemies of the republic,” it said — which he had occupied until a recent transfer to Picpus, a monastery converted into a prison adjacent to the guillotine’s place at the Place de la Nation. Whether the result of another of the many bureaucratic snafus we’ve witnessed this week or a well-placed bribe from his friend and/or mistress Marie-Constance Quesnet, the guards were in the wrong place, didn’t find him, and didn’t care to dig any further.

Three months later, he was — for the last time in his life — a free man.

One could hardly say that the Revolution made the author of Justine the man he so (in)famously was — but having lived within sight of the blade that might any day be called upon to chop off his own head, and the entire tableau of the years preceding, left their impression. Hundreds of bodies from the Terror were stuffed in the unpropitious clay of the makeshift jail’s yards under de Sade’s cell. “Those few months in the shadow of the guillotine did me more harm than all the years of my incarceration under the King,” he wrote a friend.

According to Writing the Orgy: Power and Parody in Sade, Revolutionary France would inexorably influence his subsequent work,

strangely mixing real memories with very Sadean embellishments … Plots, betrayals, denunciations, beheadings: these fictional motifs and Sadean phantasies are linked with the reality and the imaginary of the Revolution.

Good for what ails you.

* Sanson’s diaries — a memoir of the family business constructed by the famous executioner’s grandson — leave off before the events of Thermidor and suggest that the hecatombs of the Terror were taking their toll on the aging headsman. Other accounts of this day have the tumbrils stopped in the streets by clemency-inclined onlookers, only to be forcibly extricated by Henriot.

** Also not (really) on the cart: the fictional occultist Zanoni, who is beheaded in this batch in the novel of the same title by legendary awful writer Edward George “it was a dark and stormy night” Bulwer-Lytton.

Part of the Themed Set: Thermidor.

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Themed Set: Thermidor

21 comments July 22nd, 2008 Headsman

Paris, 1794

It is Thermidor — Month of Heat — by that queer artifact of the times, the Revolutionary calendar, and in the blistering summer the guillotine rots its own scaffold.

It is the climax of that emblematic moment of the French Revolution, often wrongly standing to casual observation as synonymous with the entire revolution. Jarring indeed how brief the span of those pregnant, dangerous days, that upon the storming of the Bastille the guillotine had not yet been erected and from that traditional birthdate of the Revolution were eclipsed successively the Bourbon monarchy, the Constitutionalist Assembly, the Girondin liberals, Marat, Danton … culminating in the bloody hegemony of Robespierre and the fatal test between the Jacobins and their enemies.

By the spring and summer of 1794, Paris is delivered fully to Robespierre. “Terror,” he says, “is only justice prompt, severe and inflexible; it is then an emanation of virtue; it is less a distinct principle than a natural consequence of the general principle of democracy, applied to the most pressing wants of the country.” A blip on the screen chronologically, this period seems endless to those who survive it, and it reverberates endlessly to those who succeed it.

In this Revolution-era cartoon, legendary Parisian headsman Sanson, having run out of victims, guillotines himself.

For the next week, join Executed Today in 1794’s Month of Heat as day by day the Terror rages at its apex, inscrutably suffering citizens to live or die — until of a sudden it succumbs to its own rot.

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