The Conventionalists themselves, however, had learned by this time that neither peace nor security could be expected, unless some form of government were adopted, in which the legislative and the executive functions should at least appear to be separated; and they were also at length inclined to admit the excellence of that part of the British constitution, which, dividing the legislatorial power between two assemblies of senators, thus acquires the advantage of a constant revision of counsels, and regulates the political machine by a system of mutual checks and balances.  They were desirous, therefore, of proposing some system which might, in a certain degree, satisfy those who had been endeavouring to bring about the restoration of the monarchy; and the new constitution of the year three of the Republic (1795) presented the following features.  I. The executive power was to be lodged in Five Directors, chosen from time to time, who were to have no share in the legislation.  II.  There was to be a Council of Five Hundred, answering generally to our House of Commons:  and III.  A smaller assembly, called the Council of Ancients, intended to fulfil in some measure the purposes of a House of Peers.

The outline of this scheme might perhaps have been approved of; but the leading members of the Convention, from views personal to themselves, appended to it certain conditions which excited new disgust.  They decreed, first, that the electoral bodies of France, in choosing representatives to the two new Councils, must elect at least two-thirds of the present members of Convention; and, secondly, that if full two-thirds were not returned, the Convention should have the right to supply the deficiency out of their own body.  It was obvious that this machinery had no object but the continuance of the present legislators in power; and the nation, and especially the superior classes in Paris, were indignant at conduct which they considered as alike selfish and arbitrary.  The royalist party gladly lent themselves to the diffusion of any discontents; and a formidable opposition to the measures of the existing government was organised.

The Convention meantime continued their sittings, and exerting all their skill and influence, procured from many districts of the country reports accepting of the New Constitution, with all its conditions.  The Parisians, being nearer and sharper observers, and having abundance of speakers and writers to inform and animate them, assembled in the several sections of the city, and proclaimed their hostility to the Convention and its designs.  The National Guard, consisting of armed citizens, almost unanimously sided with the enemies of the Convention; and it was openly proposed to march to the Tuileries, and compel a change of measures by force of arms.