The catastrophe of the Champ de Mars, when impartially examined in its essential phases, presents some very simple problems:
Was a petition to the Constituent Assembly illegal that was got up on the 17th of July, 1791, against a decree issued on the 15th?
Had the petitioners, by assembling on the Champ de Mars, violated any law?
Could the two murders committed in the morning be imputed to these men?
Had projects of disorder and rebellion been manifested with sufficient evidence to justify the proclamation of martial law, and especially the putting it into practice?
I say it, Gentlemen, with deep grief, these problems will be answered in the negative by whoever takes the trouble to analyze without passion, and without preconceived opinions, some authentic documents, which people in general seem to have made it a point to leave in oblivion. But I hasten to add, that considering the question as to intention, Bailly will continue to appear, after this examination, quite as humane, quite as honourable, quite as pure as we have found him to be in the other phases of a public and private life, which might serve as a model.
In the best epochs of the National Assembly, no one who belonged to it would have dared to maintain, that to draw up and sign a petition, whatever might be the object of it, were rebellious acts. Never, at that time, would the President of that great Assembly have called down hate, public vengeance, or a sanguinary repression upon those who attempted, said Charles Lameth, in the sitting of the 16th of July, “to oppose their individual will to the law, which is an expression of the national will.” The right of petition seemed as if it ought to be absolute, even if contrary to sanctioned and promulgated laws in full action, and even more so against legislative arrangements still under discussion, or scarcely voted.
The petitioners of the Champ de Mars asked the Constituent Assembly to revise a decree that they had issued two days before. We have no occasion to examine whether the act was reasonable, opportune, dictated by an enlightened view of the public good. The question is simple; in soliciting the Assembly to revise a decree, they violated no law. Perhaps it will be thought that the petitioners at least committed an unusual act, contrary to all custom. Even this would be unfounded. In ten various instances, the National Assembly modified or annulled its own decrees; in twenty others, it had been entreated to revise them, without any cry of anarchy being raised.
It is well ascertained, that the crowd on the Champ de Mars availed itself of a right that the constitution recognized, that of getting up and signing a petition against a decree which, right or wrong, it thought was opposed to the true interests of the country. Still, the exercise of the right of petitioning was always wisely subjected to certain forms. Had these forms been violated? Was the meeting illegal?