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the origins of contemporary france-2-第50章

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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;'16'



〃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。'17'



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;'18' 〃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

exasp

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