From negotiation attempt to confrontation
In the start of 1936, due to the ineffective policy of Peyrouton, the French government proceeded to his replacement with Armand Guillon, designated in March whose mission is to reinstate peace. Therefore, he succeeded in putting an end to two years of colonial repression, promoting dialogue and freeing the nationalist detainees on 23 April. Thus, Bourguiba was sent to Djerba where he was visited by the newly settled resident-general who was ready to negotiate with him, aiming to put an end to the conflicts and pursue a new liberal and humane policy. On 22 May, Bourguiba was freed of all charges and had the permission to regain his home in Tunis, alongside his fellow detainees. Meanwhile, in France, the Popular Front ascended with the settlement of Leon Blum's cabinet in June. This was a great opportunity for the leaders, who had always been close to the socialists. Soon, they met Guillon who promised to restore restricted liberties. Very satisfied by their interview with Guillon, the leaders were convinced that the ascending of the Blum ministry and the arrival of Guillon as head of the colonial government would be the start of flourishing negotiations which would lead to independence, even though they did not state it publicly.
On 10 June, the National Council of Neo-Destour gathered to establish a new policy towards this change in the French government. It ended with the endorsement of the new French policy and elaboration upon a series of feasible requests, to which the Neo-Destour expected a quick resolution. At the end of the meeting, Bourguiba was sent to Paris to set forth the platform of the party. In France, he became close to such Tunisian nationalist students as Habib Thameur, Hédi Nouira and Slimane Ben Slimane. Furthermore, he met under-secretary of state for foreign affairs, Pierre Viénot, on 6 July 1936. This publicly stated interview was unpopular among the French colonialists in Tunisia, which led later meetings to be conducted secretly. But French authorities were opposed to the hopes of Tunisian militants, and some of them even thought that it was a mere illusion. When he returned to Tunis, in September, the political atmosphere had changed with the re-establishment of liberties, which permitted the expansion of Neo-Destour and an increase in its members.
The resident-general in Tunisia introduced assimilation reforms by the end of 1936. This statement is the start of uprisings by the beginning of 1937. Viénot, travelling to Tunisia, reacted by declaring that "certain private interests of the French of Tunisia do not necessarily confound with those of France". Meanwhile, Bourguiba went to Paris, and then to Switzerland to attend a lecture about the capitulation held in April in Montreux. There, he met numerous Arab nationalist representatives including Chekib Arslan, Algerian Messali Hadj and Egyptian Nahas Pasha.
In June, the resigning Blum Cabinet was replaced by the third Chautemps Cabinet, led by Camille Chautemps. Due to the procrastination of the new cabinet, the nationalists resumed to their fight and were active in making their requests a reality. Therefore, Bourguiba wished that Abdelaziz Thâalbi, founder of the Destour who had just returned from exile, endorsed the Neo-Destour to strengthen its positions. But his wish was not fulfilled for the elder leader had other prospects about the party, desiring to unify the old Destour with the new. Due to his refusal, Bourguiba decided to react by sabotaging Thaalbi's meetings. In Mateur, the fight ended with numerous deaths and injured but Bourguiba succeeded in strengthening his positions and appearing as the unique leader of the nationalist movement, rejecting, once and for all Pan-Arabism and anti-occidentalism. The split up was, therefore, final between both parties. Fearing attacks, the Destourian party gave up public meetings, using newspapers to respond their opponents.
However, Bourguiba chose moderation regarding the relation with France. Meanwhile, within the party, two factions appeared: The first one, moderate, was led by El Materi, Guiga and Sfar, favoring dialogue while the second one, radical, was directed by the young members, including Nouira, Ben Slimane and Thameur, who were supporters of confrontation. At the time, Bourguiba was hesitant to choose between the two factions because he needed the support of the youth to gain domination upon the Neo-Destour, the leadership still being among the founding moderate members. Nevertheless, he soothed the tensions of the young, estimating that a confrontation with France would only have bad consequences and that the dialogue can still be favored. In the start of October, he flew to Paris, aiming to pursue negotiations, but returned without any result. Thus, he realized there was nothing to be awaited from France.
In this conjecture, was held the second congress of Neo-Destour in Tribunal Street, Tunis, on 29 October 1937. The voting of a motion regarding the relations with France was in the agenda. The congress represented the fight of the two factions which appeared within the last months. In his speech, Bourguiba tried to balance both trends. Upon reducing the influence of the Destour over the nationalist movement, he strongly defended the progressive emancipation policy which he had advocated:
Independence can happen only according to three formulas :
A widespread, popular and violent revolution which will put an end to the protectorate;
A french military defeat during a war against another country;
A pacific stepwise solution, with the help of France and under its supervision.
The imbalance in the power forces between the people of Tunisia and those of France eliminates every chance for a popular victory. A French military defeat shall not bring independence because we shall fall under the claws of a new colonialism. Therefore, only the path of a peaceful liberation under the supervision of France, remains.
The congress, which finished on 2 November, ended by withdrawing its support to the French government and therefore, the confidence the party had granted it for nearly two years. Bourguiba, who helped numerous young people join the leadership, strengthened his position and authority among the Neo-Destour and ended up victorious.
While the party twitched and the newly restored repression had ended with seven death in Bizerte, Bourguiba chose confrontation. On 8 April 1938, an organized demonstration happened peacefully but Bourguiba, convinced that violence was necessary, urged Materi to repeat the demonstrations by saying, "Since there was no blood, we need to repeat. There must be blood spilled for them to speak of us". His wish was satisfied the following morning. The riots of 9 April 1938 ended with one dead policemen, 22 protestors and more than 150 injured. The following day, Bourguiba and his mates were arrested and detained at the Civilian Prison of Tunis, where Bourguiba was interrogated. On 12 April, the Neo-Destour was dissolved, but its activism was pursued in secret. On 10 June 1939, Bourguiba and his companions were charged with conspiracy against public order and state security and incitement of civil war. Therefore, he was transferred to the penitentiary of Téboursouk.