the origins of contemporary france-2-第52章
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fire。'24' 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。'25' 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。〃'26' 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。'27'
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 Assembly'28' 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;'29' 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。'30' 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 impressio