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 1845,2219 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.2220 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.2221
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.2222 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:2223
"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.2224 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.2225 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
