The French Revolution (Vol.1-3). Taine Hippolyte
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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