There is still another feature and the most important of all. These men who are so different from each other are far from being independent, or from contracting together for the first time. They and their ancestors for eight hundred years form a national body, and it is because they belong to this body that they live, multiply, labor, make acquisitions, become enlightened and civilized, and accumulate the vast heritage of comforts and intelligence which they now enjoy. Each in this community is like the cell of an organized body; undoubtedly the body is only an accumulation of cells, but the cell is born, subsists, develops and attains its individual ends only be the healthy condition of the whole body. Its chief interest, accordingly, is the prosperity of the whole organism, and the fundamental requirement of all the little fragmentary lives, whether they know it or not, is the conservation of the great total life in which they are comprised as musical notes in a concert.—Not only is this a necessity for them, but it is also a duty. We are all born with a debt to our country, and this debt increases while we grow up; it is with the assistance of our country, under the protection of the law, upheld by the authorities, that our ancestors and parents have given us life, property, and education. Each person's faculties, ideas, attitudes, his or her entire moral and physical being are the products to which the community has contributed, directly or indirectly, at least as tutor and guardian. By virtue of this the state is his creditor, just as a destitute father is of his able-bodied son; it can lay claim to nourishment, services, and, in all the force or resources of which he disposes, it deservedly demands a share.—This he knows and feels, the notion of country is deeply implanted within him, and when occasion calls for it, it will show itself in ardent emotions, fueling steady sacrifice and heroic effort.—Such are veritable Frenchmen, and we at once see how different they are from the simple, indistinguishable, detached monads which the philosophers insist on substituting for them. Their association need not be created, for it already exists; for eight centuries they have a "common weal" (la chose publique). The safety and prosperity of this common weal is at once their interest, their need, their duty, and even their most secret wish. If it is possible to speak here of a contract, their quasi-contract is made and settled for them beforehand. The first article, at all events, is stipulated for, and this overrides all the others. The nation must not be dissolved. Public authorities must, accordingly, exist, and these must be respected. If there are a number of these, they must be so defined and so balanced as to be of mutual assistance, instead of neutralizing each other by their opposition. Whatever government is adopted, it must place matters in the hands best qualified to conduct them. The law must not exist for the advantage of the minority, nor for that of the majority, but for the entire community.—In regard to this first article no one must derogate from it, neither the minority nor the majority, neither the Assembly elected by the nation, nor the nation itself, even if unanimous. It has no right arbitrarily to dispose of the common weal, to put it in peril according to its caprice, to subordinate it to the application of a theory or to the interest of a single class, even if this class is the most numerous. For, that which is the common weal does not belong to it, but to the whole community, past, present, and to come. Each generation is simply the temporary manager and responsible trustee of a precious and glorious patrimony which it has received from the former generation, and which it has to transmit to the one that comes after it. In this perpetual endowment, to which all Frenchmen from the first days of France have brought their offerings, there is no doubt about the intentions of countless benefactors; they have made their gifts conditionally, that is, on the condition that the endowment should remain intact, and that each successive beneficiary should merely serve as the administrator of it. Should any of the beneficiaries, through presumption or levity, through rashness or one-sidedness, compromise the charge entrusted to them, they wrong all their predecessors whose sacrifices they invalidate, and all their successors whose hopes they frustrate. Accordingly, before undertaking to frame a constitution, let the whole community be considered in its entirety, not merely in the present but in the future, as far as the eye can reach. The interest of the public, viewed in this far-sighted manner, is the end to which all the rest must be subordinate, and for which a constitution provides. A constitution, whether oligarchic, monarchist, or aristocratic, is simply an instrument, good if it attains this end, and bad if it does not attain it, and which, to attain it, must, like every species of mechanism, vary according to the ground, materials, and circumstances. The most ingenious is illegitimate if it dissolves the State, while the clumsiest is legitimate if it keeps the State intact. There is none that springs out of an anterior, universal, and absolute right. According to the people, the epoch, and the degree of civilization, according to the outer or inner condition of things, all civil or political equality or inequality may, in turn, be or cease to be beneficial or hurtful, and therefore justify the legislator in removing or preserving it. It is according to this superior and salutary law, and not according to an imaginary and impossible contract, that he is to organize, limit, delegate and distribute from the center to the extremities, through inheritance or through election, through equalization or through privilege, the rights of the citizen and the power of the community.
III.—The estates of a society.
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