Читать книгу The History of French Revolution - Taine Hippolyte - Страница 48

Table of Contents

Political aptitude of the aristocracy.—Its disposition in

1789.—Special services which it might have rendered.—The

principle of the Assembly as to original equality.

—Rejection of an Upper Chamber.—The feudal rights of the

aristocracy.—How far and why they were worthy of respect.

—How they should have been transformed.—Principle of the

Assembly as to original liberty.—Distinction established by

it in feudal dues; application of its principle.—The

lacunae of its law.—Difficulties of redemption.—Actual

abolition of all feudal liens.—Abolition of titles and

territorial names.—Growing prejudice against the

aristocracy.—Its persecutions.—The emigration.

Was it necessary to begin by making a clean sweep, and was it advisable to abolish or only to reform the various orders and corporations?—Two prominent orders, the clergy and the nobles, enlarged by the ennobled plebeians who had grown wealthy and acquired titled estates, formed a privileged aristocracy side by side with the Government, whose favors it might receive on the condition of seeking them assiduously and with due acknowledgment, privileged on its own domains, and taking advantage there of all rights belonging to the feudal chieftain without performing his duties. This abuse was evidently an enormous one and had to be ended. But, it did not follow that, because the position of the privileged class on their domains and in connection with the Government was open to abuse, they should be deprived of protection for person and property on their domains, and of influence and occupation under the Government.—A favored aristocracy, when it is unoccupied and renders none of the services which its rank admits of, when it monopolizes all honors, offices, promotions, preferences, and pensions,2212 to the detriment of others not less needy and deserving, is undoubtedly a serious evil. But when an aristocracy is subject to the common law, when it is occupied, especially when its occupation is in conformity with its aptitudes, and more particularly when it is available for the formation of an upper elective chamber or an hereditary peerage, it is a vast service.—In any case it cannot be irreversibly suppressed; for, although it may be abolished by law, it is reconstituted by facts. The legislator must necessarily choose between two systems, that which lets it lie fallow, or that which enables it to be productive, that which drives it away from, or that which rallies it round, the public service. In every society which has lived for any length of time, a nucleus of families always exists whose fortunes and importance are of ancient date. Even when, as in France in 1789, this class seems to be exclusive, each half century introduces into it new families; judges, governors, rich businessmen or bankers who have risen to the tope of the social ladder through the wealth they have acquired or through the important offices they have filled; and here, in the medium thus constituted, the statesman and wise counselor of the people, the independent and able politician is most naturally developed.—Because, on the one hand, thanks to his fortune and his rank, a man of this class is above all vulgar ambitions and temptations. He is able to serve gratis; he is not obliged to concern himself about money or about providing for his family and making his way in the world. A political mission is no interruption to his career; he is not obliged, like the engineer, merchant, or physician, to sacrifice either his business, his advancement, or his clients. He can resign his post without injury to himself or to those dependent on him, follow his own convictions, resist the noisy deleterious opinions of the day, and be the loyal servant, not the low flatterer of the public. Whilst, consequently, in the inferior or average conditions of life, the incentive is self-interest, with him the grand motive is pride. Now, amongst the deeper feelings of man there is none which is more adapted for transformation into probity, patriotism, and conscientiousness; for the first requisite of the high-spirited man is self-respect, and, to obtain that, he is induced to deserve it. Compare, from this point of view, the gentry and nobility of England with the "politicians" of the United States.—On the other hand, with equal talents, a man who belongs to this sphere of life enjoys opportunities for acquiring a better comprehension of public affairs than a poor man of the lower classes. The information he requires is not the erudition obtained in libraries and in private study. He must be familiar with living men, and, besides these, with agglomerations of men, and even more with human organizations, with States, with Governments, with parties, with administrative systems, at home and abroad, in full operation and on the spot. There is but one way to reach this end, and that is to see for himself, with his own eyes, at once in general outline and in details, by intercourse with the heads of departments, with eminent men and specialists, in whom are gathered up the information and the ideas of a whole class. Now the young do not frequent society of this description, either at home or abroad, except on the condition of possessing a name, family, fortune, education and a knowledge of social observances. All this is necessary to enable a young man of twenty to find doors everywhere open to him to be received everywhere on an equal footing, to be able to speak and to write three or four living languages, to make long, expensive, and instructive sojourns in foreign lands, to select and vary his position in the different branches of the public service, without pay or nearly so, and with no object in view but that of his political culture Thus brought up a man, even of common capacity, is worthy of being consulted. If he is of superior ability, and there is employment for him, he may become a statesman before thirty; he may acquire ripe capacities, become prime Minister, the sole pilot, alone able, like Pitt, Canning, or Peel, to steer the ship of State between the reefs, or give in the nick of time the touch to the helm which will save the ship.—Such is the service to which an upper class is adapted. Only this kind of specialized stud farm can furnish a regular supply of racers, and, now and then, the favorite winner that distances all his competitors in the European field.

But in order that they may prepare and educate themselves for this career, the way must be clear, and they must not be compelled to travel too repulsive a road. If rank, inherited fortune, personal dignity, and refined manners are sources of disfavor with the people; if, to obtain their votes, he is forced to treat as equals electoral brokers of low character; if impudent charlatanism, vulgar declamation, and servile flattery are the sole means by which votes can be secured, then, as nowadays in the United States, and formerly in Athens, the aristocratic body will retire into private life and soon settle down into a state of idleness. A man of culture and refinement, born with an income of a hundred thousand a year, is not tempted to become either manufacturer, lawyer, or physician. For want of other occupation he loiters about, entertains his friends, chats, indulges in the tastes and hobbies of an amateur, is bored or enjoys himself. As a result one of society's great forces is thus lost to the nation. In this way the best and largest acquisition of the past, the heaviest accumulation of material and of moral capital, remain unproductive. In a pure democracy the upper branches of the social tree, not only the old ones but the young ones, remain sterile. When a vigorous branch passes above the rest and reaches the top it ceases to bear fruit. The élite of the nation is thus condemned to constant and irremediable failures because it cannot find a suitable outlet for its activity. It wants no other outlet, for in all directions its rival, who are born below it, can serve as usefully and as well as itself. But this one it must have, for on this its aptitudes are superior, natural, unique, and the State which refuses to employ it resembles the gardener who in his fondness for a plane surface would repress his best shoots.2213—Hence, in the constructions which aim to utilize the permanent forces of society and yet maintain civil equality, the aristocracy is brought to take a part in public affairs by the duration and gratuitous character of its mission, by the institution of an hereditary character, by the application of various machinery, all of which is combined so as to develop the ambition, the culture, and the political capacity of the upper class, and to place power, or the control of power, in its hands, on the condition that it shows itself worthy of exercising it.—Now, in 1789, the upper class was not unworthy of it. Members of the parliaments, the noblemen, bishops, capitalists, were the men amongst whom, and through whom, the philosophy of the eighteenth century was propagated. Never was an aristocracy more liberal, more humane, and more thoroughly converted to useful reforms;2214 many of them remain so under the knife of the guillotine. The magistrates of the superior tribunals, in particular, traditionally and by virtue of their institution, were the enemies of excessive expenditure and the critics of arbitrary acts. As to the gentry of the provinces, "they were so weary," says one of them,2215 "of the Court and the Ministers that most of them were democrats." For many years, in the Provincial Assemblies, the whole of the upper class, the clergy, nobles, and Third-Estate, furnishes abundant evidence of its good disposition, of its application to business, its capacity and even generosity. Its mode of studying, discussing, and assigning the local taxation indicates what it would have done with the general budget had this been entrusted to it. It is evident that it would have protected the general taxpayer as zealously as the taxpayer of the province, and kept as close an eye upon the public purse at Paris as on that of Bourges or of Montauban.—Thus were the materials of a good chamber ready at hand, and the only thing that had to be done was to convene them. On having the facts presented to them, its members would have passed without difficulty from a hazardous theory to common-sense practice, and the aristocracy which had enthusiastically given an impetus to reform in its saloons would, in all probability, have carried it out effectively and with moderation in the Parliament.

Unhappily, the Assembly is not providing a Constitution for contemporary Frenchmen, but for abstract beings. Instead of seeing classes in society one placed above the other, it simply sees individuals in juxtaposition; its attention is not fixed on the advantage of the nation, but on the imaginary rights of man. As all men are equal, all must have an equal share in the government. There must be no orders in a State, no avowed or concealed political privileges, no constitutional complications or electoral combinations by which an aristocracy, however liberal and capable, may put its hands upon any portion of the public power.—On the contrary, because it was once privileged to enjoy important and rewarding public employment, the candidacy of the upper classes is now suspect. All projects which, directly or indirectly, reserve or provide a place for it, are refused: At first the Royal Declaration, which, in conformity with historical precedents, maintained the three orders in three distinct chambers, and only summoned them to deliberate together "on matters of general utility." Then the plan of the Constitutional Committee, which proposed a second Chamber, appointed for life by the King on the nomination of the Provincial Assemblies. And finally the project of Mounier who proposed to confide to these same Assemblies the election of a Senate for six years, renewed by thirds every two years. This Senate was to be composed of men of at least thirty-five years of age, and with an income in real property of 30,000 livres per annum. The instinct of equality is too powerful and a second Chamber is not wanted, even if accessible to plebeians. Through it,2216

"The smaller number would control the greater;" … "we should fall back on the humiliating distinctions" of the ancient regime; "we should revivify the germ of an aristocracy which must be exterminated.". … "Moreover, whatever recalls or revives feudal Institutions is bad, and an Upper Chamber is one of its remnants.". … "If the English have one, it is because they have been forced to make a compromise with prejudice."

The National Assembly, sovereign and philosophic, soars above their errors, their trammel; and their example. The depository of truth, it has not to receive lessons from others, but to give them, and to offer to the world's admiration the first type of a Constitution which is perfect and in conformity with principle, the most effective of any in preventing the formation of a governing class; in closing the way to public business, not only to the old noblesse, but to the aristocracy of the future; in continuing and exaggerating the work of absolute monarchy; in preparing for a community of officials and administrators; in lowering the level of humanity; in reducing to sloth and brutalizing or blighting the elite of the families which maintain or raise themselves; and in withering the most precious of nurseries, that in which the State recruits its statesmen.2217

Excluded from the Government, the aristocracy is about to retire into private life. Let us follow them to their estates: Feudal rights instituted for a barbarous State are certainly a great draw-back in a modern State. If appropriate in an epoch when property and sovereignty were fused together, when the Government was local, when life was militant, they form an incongruity at a time when sovereignty and property are separated, when the Government is centralized, when the regime is a pacific one. The bondage which, in the tenth century, was necessary to re-established security and agriculture, is, in the eighteenth century, purposeless thralldom which impoverishes the soil and fetters the peasant. But, because these ancient claims are liable to abuse and injurious at the present day, it does not follow that they never were useful and legitimate, nor that it is allowable to abolish them without indemnity On the contrary, for many centuries, and, on the whole, so long as the lord of the manor resided on his estates this primitive contract was advantageous to both parties, and to such an extent that it has led to the modern contract. Thanks to the pressure of this tight bandage, the broken fragments of the community can be again united, and society once more recover its solidity, force, and activity.—In any event, that the institution, like all human institutions, took its rise in violence and was corrupted by abuses is of little consequence; the State, for eight hundred years, recognized these feudal claims, and, with its own consent and the concurrence of its Courts, they were transmitted, bequeathed, sold, mortgaged, and exchanged, like any other species of property. Only two or three hundred, at most, now remained in the families of the original proprietors. "The largest portion of the titled estates," says a contemporary,2218 "have become the property of capitalists, merchants, and their descendants; the fiefs, for the most part, being in the hands of the bourgeois of the towns." All the fiefs which, during two centuries past, have been bought by new men, now represent the economy and labor of their purchasers.—Moreover; whoever the actual holders may be, whether old or whether new men, the State is under obligation to them, not only by general right—and because, from the beginning, it is in its nature the guardian of all property—but also by a special right, because it has itself sanctioned this particular species of property. The buyers of yesterday paid their money only under its guarantee; its signature is affixed to the contract, and it has bound itself to secure to them the enjoyment of it. If it prevents them from doing so, let it make them compensation; in default of the thing promised to them, it owes them the value of it. Such is the law in cases of expropriation for public utility; in 1834, for instance, the English, for the legal abolition of slavery, paid to their planters the sum of £20,000,000. —But that is not sufficient: when, in the suppression of feudal rights, the legislator's thoughts are taken up with the creditors, he has only half performed his task; there are two sides to the question, and he must likewise think of the debtors. If he is not merely a lover of abstractions and of fine phrases, if that which interests him is men and not words, if he is bent upon the effective enfranchisement of the cultivator of the soil, he will not rest content with proclaiming a principle, with permitting the redemption of rents, with fixing the rate of redemption, and, in case of dispute, with sending parties before the tribunals. He will reflect that the peasantry, jointly responsible for the same debt will find difficulty in agreeing among themselves; that they are afraid of litigation; that, being ignorant, they will not know how to set about it; that, being poor, they will be unable to pay; and that, under the weight of discord, distrust, indigence, and inertia, the new law will remain a dead letter, and only exasperate their cupidity or kindle their resentment. In anticipation of this disorder the legislator will come to their assistance; he will interpose commissions of arbitration between them and the lord of the manor; he will substitute a scale of annuities for a full and immediate redemption; he will lend them the capital which they cannot borrow elsewhere; he will establish a bank, rights, and a mode of procedure—in short, as in Savoy in 1771, in England in 1845,2219 and in Russia in 1861, he will relieve the poor without despoiling the rich; he will establish liberty without violating the rights of property; he will conciliate interests and classes; he will not let loose a brutal peasant revolt (Jacquerie) to enforce unjust confiscation; and he will terminate the social conflict not with strife but with peace.

It is just the reverse in 1789 In conformity with the doctrine of the social contract, the principle is set up that every man is born free, and that his freedom has always been inalienable. If he formerly submitted to slavery or to serfdom, it was owing to his having had a knife at his throat; a contract of this sort is essentially null and void. So much the worse for those who have the benefit of it at the present day; they are holders of stolen property, and must restore it to the legitimate owners. Let no one object that this property was acquired for cash down, and in good faith; they ought to have known beforehand that man and his liberty are not commercial matters, and that unjust acquisitions rightly perish in their hands.2220 Nobody dreams that the State which was a party to this transaction is the responsible guarantor. Only one scruple affects the Assembly; its jurists and Merlin, its reporter, are obliged to yield to proof; they know that in current practice, and by innumerable ancient and modern titles, the noble in many cases is nothing but an ordinary lessor, and that if, in those cases, he collects his dues, it is simply in his capacity as a private person, by virtue of a mutual contract, because he has given a perpetual lease of a certain portion of his land; and he has given it only in consideration of an annual payment in money or produce, or services, together with another contingent claim which the farmer pays in case of the transmission of the lease. These two obligations could not be canceled without indemnity; if it were done, more than one-half of the proprietors in France would be dispossessed in favor of the farmers. Hence the distinction which the Assembly makes in the feudal dues.—On the one hand it abolishes without indemnity all those dues which the noble receives by virtue of being the local sovereign, the ancient proprietor of persons and the usurper of public powers; all those which the lessee paid as serf, subject to rights of inheritance, and as former vassal or dependent. On the other hand, it maintains and decrees as redeemable at a certain rate all those which the noble receives through his title of landed proprietor and of simple lessor; all those which the lessee pays by virtue of being a free contracting party, former purchaser, tenant, farmer or grantee of landed estate.—By this division it fancies that it has respected lawful ownership by overthrowing illegitimate property, and that in the feudal scheme of obligations, it has separated the wheat from the chaff.2221

But, through the principle, the drawing up and the omissions of its law, it condemns both to a common destruction; the fire on which it has thrown the chaff necessarily burns up the wheat.—Both are in fact bound up together in the same sheaf. If the noble formerly brought men under subjection by the sword, it is also by the sword that he formerly acquired possession of the soil. If the subjection of persons is invalid on account of the original stain of violence, the usurpation of the soil is invalid for the same reason. And if the sanction and guarantee of the State could not justify the first act of brigandage, they could not justify the second; and, since the rights which are derived from unjust sovereignty are abolished without indemnity, the rights which are derived from unjust proprietorship should be likewise abolished without compensation.——The Assembly, with remarkable imprudence, had declared in the preamble to its law that "it abolished the feudal system entirely," and, whatever its ulterior reservations might be, the fiat has gone forth. The forty thousand sovereign municipalities to which the text of the decree is read pay attention only to the first article, and the village attorney, imbued with the rights of man, easily proves to these assemblies of debtors that they owe nothing to their creditors. There must be no exceptions nor distinctions: no more annual rents, field-rents, dues on produce, nor contingent rents, nor lord's dues and fines, or fifths.2222 If these have been maintained by the Assembly, it is owing to misunderstanding, timidity, inconsistency, and on all sides, in the rural districts, the grumbling of disappointed greed or of unsatisfied necessities is heard:2223

"You thought that you were destroying feudalism, while your redemption laws have done just the contrary. … Are you not aware that what was called a Seigneur was simply an unpunished usurper? … That detestable decree of 1790 is the ruin of lease-holders. It has thrown the villages into a state of consternation. The nobles reap all the advantage of it … Never will redemption be possible. Redemption of unreal claims! Redemption of dues that are detestable!"

In vain the Assembly insists, specifies and explains by examples and by detailed instructions the mode of procedure and the conditions of redemption. Neither the procedure nor its conditions are practicable. It has made no provisions for facilitating the agreement of parties and the satisfaction of feudal liens, no special arbitrators, nor bank for loans, nor system of annuities. And worse still, instead of clearing the road it has barred it by legal arrangements. The lease-holder is not to redeem his annual rent without at the same time compounding for the contingent rent: he is not allowed on his own to redeem his quota since he is tied up in solidarity with the other partners. Should his hoard be a small one, so much the worse for him. Not being able to redeem the whole, he is not allowed to redeem a part. Not having the money with which to relieve himself from both ground-rents and lord's dues he cannot relieve himself from ground-rents. Not having the money to liquidate the debt in full of those who are bound along with him-self, he remains a captive in his ancient chains by virtue of the new law which announces to him his freedom.

In the face of these unexpected trammels the peasant becomes furious: His fixed idea, from the outbreak of the Revolution, is that he no longer owes anything to anybody, and, among the speeches, decrees, proclamations, and instructions which rumor brings to his ears, he comprehends but one phrase, and is determined to comprehend no other, and that is, that henceforth his obligations are removed. He does not swerve from this, and since the law hinders, instead of aiding him, he will break the law. In fact, after the 4th of August, 1789, feudal dues cease to be collected. The claims which are maintained are not enforced any more than those which are suppressed. Whole communities come and give notice to the lord of the manor that they will not pay any more rent. Others, with sword in hand, compel him to give them acquittances. Others again, to be more secure, break open his safe, and throw his title-deeds into the fire.2224 Public force is nowhere strong enough to protect him in his legal rights. Officers dare not serve writs, the courts dare not give judgment, administrative bodies dare not decree in his favor. He is despoiled through the connivance, the neglect, or the impotence of all the authorities which ought to defend him. He is abandoned to the peasants who fell his forests, under the pretext that they formerly belonged to the commune; who take possession of his mill, his wine-press, and his oven, under the pretext that territorial privileges are suppressed.2225 Most of the gentry of the provinces are ruined, without any resource, and have not even their daily bread; for their income consisted in seignorial rights, and in rents derived from their real property, which they had let on perpetual leases, and now, in accordance with the law, one-half of this income ceases to be paid, while the other half ceases to be paid in spite of the law. One hundred and twenty-three millions of revenue, representing two thousand millions and a half of capital in the money of that time, double, at least, that of the present day, thus passes as a gift, or through the toleration of the National Assembly, from the hands of creditors into those of their debtors. To this must be added an equal sum for revenue and capital arising from the tithes which are suppressed without compensation, and by the same stroke.—This is the commencement of the great revolutionary operation, that is to say, of the universal bankruptcy which, directly or indirectly, is to destroy all contracts, and abolish all debts in France. Violations of property, especially of private property, cannot be made with impunity. The Assembly desired to lop off only the feudal branch; but, in admitting that the State can annul, without compensation, the obligations which it has guaranteed, it put the ax to the root of the tree, and other rougher hands are already driving it in up to the haft.

Nothing now remains to the noble but his title, his territorial name, and his armorial bearings, which are innocent distinctions, since they no longer confer any jurisdiction or pre-eminence upon him, and which, as the law ceases to protect him, the first comer may borrow with impunity. Not only, moreover, do they do no harm, but they are even worthy of respect. With many of the nobles the title of the estate covers the family name, the former alone being made use of. If one were substituted for the other, the public would have difficulty in discovering M. de Mirabeau, Lafayette, and M. de Moutmorency, under the new names Riquetti, M. Mottié, and M. Bouchard. Besides, it would be wrong to the bearer of it, to whom the abolished title is a legitimate possession, often precious, it being a certificate of quality and descent, an authentic personal distinction of which he cannot be deprived without losing his position, rank, and worth, in the human world around him.—The Assembly, however, with a popular principle at stake, gives no heed to public utility, nor to the rights of individuals. The feudal system being abolished, all that remains of it must be got rid of. A decree is passed that "hereditary nobility is offensive to reason and to true liberty;" that, where it exists, "there is no political equality."2226 Every French citizen is forbidden to assume or retain the titles of prince, duke, count, marquis, chevalier, and the like, and to bear any other than the "true name of his family;" he is prohibited from making his servants wear liveries, and from having coats-of-arms on his house or on his carriage. In case of any infraction of this law a penalty is inflicted upon him equal to six times the sum of his personal taxes; he is to be struck off the register of citizens, and declared incapable of holding any civil or military office. There is the same punishment if to any contract or acquittance he affixes his accustomed signature; if; through habit or inadvertence, he adds the title of his estate to his family name—if; with a view to recognition, and to render his identity certain, he merely mentions that he once bore the former name. Any notary or public officer who shall write, or allow to be written, in any document the word ci-devant (formerly) is to be suspended from his functions. Not only are old names thus abolished, but an effort is made to efface all remembrance of them. In a little while, the childish law will become a murderous one. It will be but a little while and, according to the terms of this same decree, a military veteran of seventy-seven years, a loyal servant of the Republic, and a brigadier-general under the Convention, will be arrested on returning to his native village, because he has mechanically signed the register of the revolutionary committee as Montperreux instead of Vannod, and, for this infraction, he will be guillotined along with his brother and his sister-in-law.2227

Once on this road, it is impossible to stop; for the principles which are proclaimed go beyond the decrees which are passed, and a bad law introduces a worse. The Constituent Assembly2228 had supposed that annual dues, like ground-rents, and contingent dues, like feudal duties (lods et rentes), were the price of an ancient concession of land, and, consequently, the proof to the contrary is to be thrown upon the tenant. The Legislative Assembly is about to assume that these same rentals are the result of an old feudal usurpation, and that, consequently, the proof to the contrary must rest with the proprietor. His rights cannot be established by possession from time immemorial, nor by innumerable and regular acquittances; he must produce the act of enfeoffment which is many centuries old, the lease which has never, perhaps, been written out, the primitive title already rare in 1720,2229 and since stolen or burnt in the recent jacqueries: otherwise he is despoiled without indemnity. All feudal claims are swept away by this act without exception and without compensation.

In a similar manner, the Constituent Assembly, setting common law aside in relation to inheritances ab intestato, had deprived all eldest sons and males of any advantages.2230 The Convention, suppressing the freedom of testamentary bequest, prohibits the father from disposing of more than one-tenth of his possessions; and again, going back to the past, it makes its decrees retrospective: every will opened after the 14th of July, 1789, is declared invalid if not in conformity with this decree; every succession from the 14th of June, 1789, which is administered after the same date, is re-divided if the division has not been equal; every donation which has been made among the heirs after the same date is void. Not only is the feudal family destroyed in this way, but it must never be reformed. The aristocracy, being once declared a venomous plant, it is not sufficient to prime it away, but it must be extirpated, not only dug up by the root, but its seed must be crushed out.—A malignant prejudice is aroused against it, and this grows from day to day. The stings of self-conceit, the disappointments of ambition, and envious sentiments have prepared the way. Its hard, dry kernel consists of the abstract idea of equality. All around revolutionary fervor has caused blood to flow, has embittered tempers, intensified sensibilities, and created a painful abscess which daily irritation renders still more painful. Through steadily brooding over a purely speculative preference this has become a fixed idea, and is becoming a murderous one. It is a strange passion, one wholly of the brains, nourished by magniloquent phrases, but the more destructive, because phantoms are created out of words, and against phantoms no reasoning nor actual facts can prevail. This or that shopkeeper who, up to this time, had always formed his idea of nobles from his impressions of the members of the Parliament of his town or of the gentry of his canton, now pictures them according to the declamations of the club and the invectives of the newspapers. The imaginary figure, in his mind, has gradually absorbed the living figure: he no longer sees the calm and engaging countenance, but a grinning and distorted mask. Kindliness or indifference is replaced by animosity and distrust; they are overthrown tyrants, ancient evil-doers, And enemies of the public; he is satisfied beforehand and without further investigation that they are hatching plots. If they avoid being caught, it is owing to their address and perfidy, and they are only the more dangerous the more inoffensive they appear. Their sub-mission is merely a feint, their resignation hypocrisy, their favorable disposition, treachery. Against these conspirators who cannot be touched the law is inadequate; let us stretch it in practice, and as they wince at equality let us try to make them bow beneath the yoke.

In fact, illegal persecution precedes legal prosecution; the privileged person who, by the late decrees, seems merely to be brought within the pale of the common law, is, in fact; driven outside of it. The King, disarmed, is no longer able to protect him; the partial Assembly repels his complaints; the committee of inquiry regards him as a culprit when he is simply oppressed. His income, his property, his repose, his freedom, his home, his life, that of his wife and of his children, are in the hands of an administration elected by the crowd, directed by clubs, and threatened or violated by the mob. He is debarred from the elections. The newspapers denounce him. He undergoes domiciliary visits. In hundreds of places his chateau is sacked; the assassins and incendiaries who depart from it with their hands full and steeped in blood are not prosecuted, or are shielded by an amnesty:2231 it is established by innumerable precedents that he may be run down with impunity. To prevent him from defending himself, companies of the National Guard come and seize his arms: he must become a prey, and an easy prey, like game kept back in its enclosure for an approaching hunt.—In vain he abstains from provocation and reduces himself to the standing of a private individual. In vain does he patiently endure numerous provocations and resist only extreme violence. I have read many hundreds of investigations in the original manuscripts, and almost always I have admired the humanity of the nobles, their forbearance, their horror of bloodshed. Not only are a great many of them men of courage and all men of honor, but also, educated in the philosophy of the eighteenth century, they are mild, sensitive, and deeds of violence are repugnant to them. Military officers especially are exemplary, their great defect being their weakness: rather than fire on the crowd they surrender the forts under their command, and allow themselves to be insulted and stoned by the people. For two years,2232 "exposed to a thousand outrages, to defamation, to daily peril, persecuted by clubs and misguided soldiers," disobeyed, menaced, put under arrest by their own men, they remain at their post to prevent the ranks from being broken up; "with stoic perseverance they put up with contempt of their authority that they may preserve its semblance, their courage is of that rarest kind which consists in remaining at the post of duty, impassive beneath both affronts and blows.—Through a wrong of the greatest magnitude, an entire class which have no share in the favors of the Court, and which suffered as many injuries as any of the common plebeians, is confounded with the titled parasites who besiege the antechambers of Versailles. Twenty-five thousand families, "the nursery of the army and the fleet," the elite of the agricultural proprietors, also many gentlemen who look after and turn to account the little estates on which they live, and "who have not left their homes a year in their lives," become the pariahs of their canton.2233 After 1789, they begin to feel that their position is no longer tenable.2234

" It is absolutely in opposition to the rights of man," says another letter from Franche-Comté, "to find one's self in perpetual fear of having one's throat cut by scoundrels who are daily confounding liberty with license."

"I never knew anything so wearying," says another letter from Champagne, "as this anxiety about property and security. Never was there a better reason for it. A moment suffices to let loose an intractable population which thinks that it may do what it pleases, and which is carefully sustained in that error."

"After the sacrifices that we have made," says a letter from Burgundy, "we could not expect such treatment. I thought that our property would be the last violated because the people owed us some return for staying at home in the country to expend among them the few resources that remain to us … (Now), I beg the Assembly to repeal the decree on emigration; otherwise it may be said that people are purposely kept here to be assassinated … In case it should refuse to do us this justice, I should be quite as willing to have it decree an act of proscription against us, for we should not then be lulled to sleep by the protection of laws which are doubtless very wise, but which are not respected anywhere."

" It is not our privileges," say several others, "it is not our nobility that we regret; but how is the persecution to which we are abandoned to be supported? There is no safety for us, for our property, or for our families. Wretches who are our debtors, the small farmers who rob us of our incomes, daily threaten us with the torch and the lamp post. We do not enjoy one hour of repose; not a night that we are certain to pass through without trouble. Our persons are given up to the vilest outrages, our dwellings to an inquisition of armed tyrants; we are robbed of our rentals with impunity, and our property is openly attacked. We, being now the only people to pay imposts, are unfairly taxed; in various places our entire incomes would not suffice to pay the quota which crushes us. We can make no complaint without incurring the risk of being massacred. The tribunals and the administrative bodies, the tools of the multitude, daily sacrifice us to its attacks. Even the Government seems afraid of compromising itself by claiming the protection of the laws on our behalf. It is sufficient to be pointed out as an aristocrat to be without any security. If our peasants, in general, have shown more honesty, consideration, and attachment toward us, every bourgeois of importance, the wild members of clubs, the vilest of men who sully a uniform, consider themselves privileged to insult us, and these wretches go unpunished and are protected! Even our religion is not free. One of our number has had his house sacked for having shown hospitality to an old curé of eighty belonging to his parish who refused to take the oath. Such is our fate. We are not so base as to endure it. Our right to resist oppression is not due to a decree of the National Assembly, but to natural law. We are going to leave, and to die if necessary. But to live under such a revolting anarchy! Should it not be broken up we shall never set foot in France again!"

The operation is successful. The Assembly, through its decrees and institutions, through the laws it enacts and the violence which it tolerates, has uprooted the aristocracy and cast it out of the country. The nobles, now the reverse of privileged, cannot remain in a country where, while respecting the law, they are really beyond its pale. Those who first emigrated on the 15th of July, 1789, along with the Prince de Condé, received at their houses the evening before they left a list of the proscribed on which their names appeared, and a reward was promised to whoever would bring their heads to the cellar of the Palais-Royal—Others, in larger numbers, left after the occurrences of the 6th of October.—During the last months of the Constituent Assembly,2235

"the emigration goes on in companies composed of men of every condition. … Twelve hundred gentlemen have left Poitou alone; Auvergne, Limousin, and ten other provinces have been equally depopulated of their landowners. There are towns in which nobody remains but common workmen, a club, and the crowd of devouring office-holders created by the Constitution. All the nobles in Brittany have left, and the emigration has begun in Normandy, and is going on in the frontier provinces.

"More than two-thirds of the army will be without officers." On being called upon to take the new oath in which the King's name is purposely omitted, "six thousand officers send in their resignation."

The example gradually becomes contagious; they are men of the sword, and their honor is at stake. Many of them join the princes at Coblentz, and subsequently do battle against France in the belief that they are contending only against their executioners.

The treatment of the nobles by the Assembly is the same as the treatment of the Protestants by Louis XIV.2236 In both cases the oppressed are a superior class of men. In both cases France has been made uninhabitable for them. In both cases they are reduced to exile, and they are punished because they exiled them selves. In both cases it ended in a confiscation of their property, and in the penalty of death to all who should harbor them. In both cases, by dint of persecution, they are driven to revolt. The insurrection of La Vendée corresponds with the insurrection of the Cévennes; and the emigrants, like the refugees of former times, will be found under the flags of Prussia and of England. One hundred thousand Frenchmen driven out at the end of the seventeenth century, and one hundred thousand driven out at the end of the eighteenth century! Mark how an intolerant democracy completes the work of an intolerant monarchy. The moral aristocracy was mowed down in the name of uniformity; the social aristocracy is mowed down in the name of equality. For the second time, an absolute principle, and with the same effect, buries its blade in the heart of a living society.

The success is complete. One of the deputies of the Legislative Assembly, early in its session, on being informed of the great increase in emigration, joyfully exclaims,

"SO MUCH THE BETTER; FRANCE IS BEING PURGED!"

She is, in truth, being depleted of one-half of her best blood.