In any case, if the State deprives them of their property, along with that of other ecclesiastical bodies, it is not the State that ought to claim the spoil.—The State is not their heir, and their land, furniture, and rentals are in their very nature devoted to a special purpose, although they have no designated proprietor. This treasure, which consists of the accumulations of fourteen centuries, has been formed, increased, and preserved, in view of a certain object. The millions of generous, repentant, or devout souls who have made a gift of it, or have managed it, did so with a certain intention. It was their desire to ensure education, beneficence, and religion, and nothing else. Their legitimate intentions should not be frustrated: the dead have rights in society as well as the living, for it is the dead who have made the society which the living enjoy, and we receive their heritage only on the condition of executing their testamentary act.—Should this be of ancient date, it is undoubtedly necessary to make a liberal interpretation of it; to supplement its scanty provisions, and to take new circumstances into consideration. The requirements for which it provided have often disappeared; for instance, after the destruction of the Barbary pirates, there were no more Christians to be ransomed; and only by transferring an endowment can it be perpetuated.—But if, in the original institution, several accessory and special clauses have become antiquated, there remains the one important, general intention, which manifestly continues imperative and permanent, that of providing for a distinct service, either of charity, of worship, or of instruction. Let the administrators be changed, if necessary, also the apportionment of the legacy bequeathed, but do not divert any of it to services of an alien character; it is inapplicable to any but that purpose or to others strictly analogous. The four milliards of investment in real property, the two hundred millions of ecclesiastical income, form for it an express and special endowment. This is not a pile of gold abandoned on the highway, which the exchequer can appropriate or assign to those who live by the roadside. Authentic titles to it exist, which, declaring its origin, fix its destination, and your business is simply to see that it reaches its destination. Such was the principle under the ancient régime, in spite of grave abuses, and under forced exactions. When the ecclesiastical commission suppressed an ecclesiastical order, it was not for the purpose of making its possessions over to the public treasury, but to apply these to seminaries, schools, and hospitals. In 1789, the revenues of Saint-Denis supported Saint-Cyr; those of Saint Germain went to the Economats, and the Government, although absolute and needy, was sufficiently honest to adjust that confiscation was robbery. The greater our power, the greater the obligation to be just, and honesty always proves in the end to be the best policy.—It is, therefore, both just and useful that the Church, as in England and in America, that superior education, as in England and in Germany, that special instruction, as in America, and that diverse endowments for public assistance and utility, should be unreservedly secured in the maintenance of their heritage. The State, as testamentary executor of this inheritance, strangely abuses its mandate when it pockets the bequest in order to choke the deficit of its own treasury, risking it in bad speculations, and swallowing it up in its own bankruptcy, until of this vast treasure, which has been heaped up for generations for the benefit of children, the infirm, the sick and the poor, not enough is left to pay the salary of a school-mistress, the wages of a parish nurse, or for a bowl of broth in a hospital.2248
The Assembly remains deaf to all these arguments, and that which makes its refuse to listen is not financial distress.—The Archbishop of Aix, M. de Boisjelin, offered, in the name of the clergy, to liquidate at once the debt of three hundred millions, which was urgent, by a mortgage-loan of four hundred millions on the ecclesiastical property, which was a very good expedient; for at this time the credit of the clergy is the only substantial one. It generally borrows at less than five per cent., and more money has always been offered to it than it wanted, whilst the State borrows at ten per cent., and, at this moment, there are no lenders.—But, to our new revolutionary statesmen, the cost-benefit of a service is of much less consequence than the application of a principle. In conformity with the Social Contract they establish the maxim that in the State there is no need of corporate bodies: they acknowledge nothing but, on the one hand, the State, the depositary of all public powers, and, on the other hand, a myriad of solitary individuals. Special associations, specific groups, collateral corporations are not wanted, even to fulfill functions which the State is incapable of fulfilling. "As soon as one enters a corporation," says and orator, "one must love it as one loves a family;"2249 whereas the affections and obedience are all to be monopolized by the State. Moreover, on entering into an order a man receives special aid and comfort from it, and whatever distinguishes one man from another, is opposed to civil equality. Hence, if men are to remain equal and become citizens they must be deprived of every rallying point that might compete with that of the State, and give to some an advantage over others. All natural or acquired ties, consequently, which bound men together through geographical position, through climate, history, pursuits, and trade, are sundered. The old provinces, the old provincial governments, the old municipal administrations, parliaments, guilds and masterships, all are suppressed. The groups which spring up most naturally, those which arise through a community of interests, are all dispersed, and the broadest, most express, and most positive interdictions are promulgated against their revival under any pretext whatever.2250 France is cut up into geometrical sections like a chess-board, and, within these improvised limits, which are destined for a long time to remain artificial, nothing is allowed to subsist but isolated individuals in juxtaposition. There is no desire to spare organized bodies where the cohesion is great, and least of all that of the clergy. "Special associations," says Mirabeau,2251 "in the community at large, break up the unity of its principles and destroy the equilibrium of its forces. Large political bodies in a State are dangerous through the strength which results from their coalition and the resistance which is born out of their interests." ii—That of the clergy, besides, is inherently bad,2252 because "its system is in constant antagonism to the rights of man." An institution in which a vow of obedience is necessary is "incompatible" with the constitution. Congregations "subject to independent chiefs are out of the social pale and incompatible with public spirit." As to the right of society over these, and also over the Church, this is not doubtful. "Corporate bodies exist only through society, and, in destroying them, society merely takes back the life she has imparted to them." "They are simply instruments fabricated by the law.2253 What does the workman do when the tool he works with no longer suits him? He breaks or alters it."—This primary sophism being admitted the conclusion is plain. Since corporate bodies are abolished they no longer exist, and since they no longer exist, they cannot again become proprietors.
"Your aim was to destroy ecclesiastical orders,2254 because their destruction was essential to the safety of the State. If the clergy preserve their property, the clerical order is not destroyed: you necessarily leave it the right of assembling; you sanction its independence." In no case must ecclesiastics hold possessions. "If they are proprietors they are independent, and if they are independent they will associate this independence with the exercise of their functions."