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第51章

the origins of contemporary france-2-第51章

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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;'19' 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。'20'  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。'21'



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。'22'  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:'23'



〃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。'24'  Public force is nowhere strong enough to protect him in

his legal rights。  Officers dare not serve writs; the courts dare

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