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."2226 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.2227
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 Assembly2228 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 1720,2229 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.2230 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 impressions of the members of the Parliament of his town or of the gentry of his canton, now pictures them according to the declamations of the club and the invectives of the newspapers. The imaginary figure, in his mind, has gradually absorbed the living figure: he no longer sees the calm and engaging countenance, but a grinning and distorted mask. Kindliness or indifference is replaced by animosity and distrust; they are overthrown tyrants, ancient evil-doers, And enemies of the public; he is satisfied beforehand and without further investigation that they are hatching plots. If they avoid being caught, it is owing to their address and perfidy, and they are only the more dangerous the more inoffensive they appear. Their sub-mission is merely a feint, their resignation hypocrisy, their favorable disposition, treachery. Against these conspirators who cannot be touched the law is inadequate; let us stretch it in practice, and as they wince at equality let us try to make them bow beneath the yoke.
In fact, illegal persecution precedes legal prosecution; the privileged person who, by the late decrees, seems merely to be brought within the pale of the common law, is, in fact; driven outside of it. The King, disarmed, is no longer able to protect him; the partial Assembly repels his complaints; the committee of inquiry regards him as a culprit when he is simply oppressed. His income, his property, his repose, his freedom, his home, his life, that of his wife and of his children, are in the hands of an administration elected by the crowd, directed by clubs, and threatened or violated by the mob. He is debarred from the elections. The newspapers denounce him. He undergoes domiciliary visits. In hundreds of places his chateau is sacked; the assassins and incendiaries who depart from it with their hands full and steeped in blood are not prosecuted, or are shielded by an amnesty:2231 it is established by innumerable precedents that he may be run down with impunity. To prevent him from defending himself, companies of the National Guard come and seize his arms: he must become a prey, and an easy prey, like game kept back in its enclosure for an approaching hunt.—In vain he abstains from provocation and reduces himself to the standing of a private individual. In vain does he patiently endure numerous provocations and resist only extreme violence. I have read many hundreds of investigations in the original manuscripts, and almost always I have admired the humanity of the nobles, their forbearance, their horror of bloodshed. Not only are a great many of them men of courage and all men of honor, but also, educated in the philosophy of the eighteenth century,
