: .1 illilllii K ■ ♦■ ii 1 1 Tl . : 3 ■ 1 1 1 V ._:_^iiii 3^ .^ ^ ^ ^/smm I ^ 1 ir^^ :< «>> o I— 1 UJ t is fc ""r» o i I -n t_ f ^, '^ LES ORIGINES DE LA FRANCE CONTEMPORAINE'' THE MODERN RfiGIME BY H. A. TAINE, D.C.L., Oxon., AUTHOR OF "a HISTORY OF ENGLISH LITERATURE," "notes on ENGLAND," ETC. TRANSLATED BY JOHN DURAND Vol. I. LONDON SAMPSON LOW, MARSTON, SEARLE & RIVINGTON, Limited St. Dunstan's House, Fetter Lane, Fleet Street, E. C. 189T Copyright, 1890, BY HENRY HOLT & CO. Robert DRumiOND, Electrotyper and Printer, New York. PREFACE. The following third and last part of the Origins of Contem- porary France is to consist of two volumes ; after the present volume, the second is to treat of the Church, the School and the Family, describe the modern milieu and note the facilities and obstacles which a society like our own encoun- ters in this new milieu ; here, the past and the present meet, and the work already done is continued by the work which is going on under our eyes. — The undertaking is hazardous and more difficult than with the two preceding parts. For the Ancient Regime and the Revolution are henceforth complete and finished periods ; we have seen the end of both and are thus able to comprehend their entire course. On the con- trary, the end of the ulterior period is still wanting ; the great institutions which date from the Consulate and the Empire, either consolidation or dissolution, have not yet reached their historic term ; since 1800, the social order of things, notwith- standing eight changes of political form, has remained almost intact. Our children or grandchildren will know whether it will finally succeed or miscarry ; witnesses of the denoue- ment, they will have fuller light by which to judge of the entire drama. Thus far four acts only have been played ; of the fifth act, we have simply a presentiment. — On the other hand, by dint of living under this social system, we have become accustomed to it ; it no longer excites our wonder ; however artificial it may be it seems to us natural ; we can scarcely conceive of another that is healthier ; and what is much worse, it is repugnant to us to do so. For, such a con- ception would soon lead to comparisons, and hence to a judg. iii iv PREFACE. ment and, on many points, to an unfavorable judgment, one which would be a censure, not only of our institutions but of ourselves. The machine of the year viii, applied to us for three generations, has shaped and fixed us as we are, for good or for ill ; if, for a century, it sustains us, it represses us for a century ; we have contracted the infirmities it imports — stop- page of development, instability of internal balance, disorders of the intellect and of the will, fixed ideas and ideas that are false. These ideas are ours ; therefore we hold on to them, or, rather, they have taken hold of us. To get rid of them, to impose the necessary recoil on our mind, to transport us to a distance and place us at a critical point of view, where we can study ourselves, our ideas and our institutions as scien- tific objects, requires a great effort on our part, many precau- tions, and long reflection. — Hence, the delays of this study ; the reader will pardon them on considering that an ordinary opinion, caught on the wing, on such a subject, does not suffice ; in any event, when one presents an opinion on such a subject one is bound to believe it. I can believe in my own only when it has become precise and seems to me proven. Menthon Saint-Bernard, September, 1890. CONTENTS. Preface, m BOOK FIRST. NAPOLEON BONAPARTE. Chapter I i I. Historical importance of his character and genius. — He is of another race and another century. — Origin of his paternal family. — Transplanted to Corsica. — His maternal family. — Laetitia Ramolino. — Persistence of Corsican souvenirs in Napoleon's mind. — His youth- ful sentiments regarding Corsica and France. — Indications found in his early compositions and in his style. — Current monarchical or democratic ideas have no hold on him. — His impressions of the loth of June and loth of August after the 3Tst of May. — His associations with Robespierre and Barras without committing himself. — His senti- ments and the side he takes Vend6miaire 13th. — The great Coudotticre. — His character and conduct in Italy. — Description of him morally and physically in 1798. — His precocious and sudden ascendency. — Analogi'us in spirit and character to his Italian ancestors of the XVth century. — II. Intelligence during the Italian Renaissance and at the present day. — Integrity of Bonaparte's mental machinery. — Flexibility, force, and tenacity of his attention. — Another difference between Napoleon's intellect and that of his contemporaries. — He thinl«! ob- jects and not words. — His antipathy to Ideology. — Little or no literary or philosophical education. — Self-taught through direct observation and technical instruction. — His fondness for details. — His inward vision of physical objects and places. — His mental portrayal of posi- tions, distances, and quantities. — His psychological faculty and way of getting at the thought and feeling of others. — His self-analysis. — How he imagines a general situation by a particular case, also the invisible inward by the visible outward. — Originality and superiority of his V VI CONTENTS. style and discourse. — His adaptation of these to his hearers and to' cir- cumstances. — His notation and calculation of serviceable motives. — His three atlases. — Their scale and completeness. — His constructive imagination. — His projects and dreams. — Manifestation of the master faculty and its excesses. Chapter II . . . . . . . . -39 I. Great men of the Italian Renaissance and of the present TIME. — Intensity of the passions in Bonaparte.— His impulsive sensi- bility. — Violent outbursts. — His impatience, readiness, and need of expressing himself. — His temperament, nervous system, and sinking- fits. — II. Bonaparte's dominant passion. — His lucid, calculating mind. — Source and power of the Will. — Early evidences of an active, ab- sorbing egoism. — His education derived from the lessons of things. — In Corsica. — In France during the Revolution. — In Italy. — In Egypt. — His idea of Society and of Right. — Maturing after the iSth of Brumaire. — His idea of Man. — It conforms to his character. — HI. His mastery of the will of others. — Degree of submission required by him. — His mode of appreciating others and of profiting by them. — Tone of command and of conversation. — IV. His bearing in Society. — His deportment toward women. — His disdain of Politeness. — V. His tone and bearing toward Sovereigns. — His Policy. — His means and ends. — After Sovereigns he sets populations against him. — Final opinion of Europe. — VI. Inward principle of his outward deportment. — The State subordinated to him instead of his subordination to the State. — Effects of this. — His work merely a life-interest. — It is ephemeral. — Injurious. — The number of lives it cost. — The mutilation of France. — Vice of construction in his European edifice. — Analogous vice in his French edifice. BOOK SECOND. FORMATION AND CHARACTER OF THE NEW STATE. Chapter I . . 91 I, Conditions on which the public power can act. — Two points forgotten by the authors of the preceding constitutions. — Difficulty of the undertaking and poor quality of the available materials. — Hence the insubordination of the local powers, the conflict of the central powers, the suppression of liberal institutions, and the establishment of an unstable despotism. — Evil-doing of the government thus formed. — II. In 1799, the undertaking is more difficult and the materials worse. — III. Motives for suppressing the election of local powers. — The electors. — Their egoism and partiality. —The elected.— Their CONTENTS. vii inertia, corruption, and disobedience. — IV. Reasons for placing the executive central power in one hand. — Sieyes' chimerical combina- tions. — Bonaparte's objections. — V. Difficulty of organizing a legis- lative power. — Fraudulent and violent elections for ten years. — Spirit ■ and diffusion of hatred against the men and dogmas of the Revolution. — Probable composition of a freely elected Assembly. — Its two irreconcilable divisions. — Sentiments of the army. — Proximity and probable meaning of a new coup dViat. — VI. The electoral and legis- lative combinations of Sieyes. — Bonaparte's use of them. — Paralysis and submission of the three legislative bodies. — The Senate as a ruling instrumentality. — Senatus-consultes and Plebiscites. — Final establish- ment of the Dictatorship. — Its dangers and necessity. — Public power now able to do its work. Chapter II . . . . . . . . .no I. Principal service rendered by the public power. — It is an instru- mentality. — A common law for every instrumentality. — Mechanical instruments. — Physiological instruments. — Social instruments. — The perfection of an instrument increases with the convergence of its effects. — One given purpose excludes all others. — II. Application of this law to the public power. — General effect of its intervention. — III. It acts against its function. — Its encroachments are attacks on persons and property. — IV. It badly fills the office of the bodies it supplants. — Cases in which it usurps their powers and refuses to be their substi- tutes. — Cases in which it violates or profits by their mechanism. — In all cases it is a bad or mediocre substitute. — Reasons derived from its structure compared with that of other bodies. — V^. Other conse- quences. — Suppressed or stunted bodies cease to grow. — Individuals become socially and politically incapable. — The hands into which public power then falls. — Impoverishment and degradation of the social body. Chapter III 122 I. Precedents of the new organization. — In practical operation. — Anterior usurpations of the public povver. — Spontaneous bodies under the Ancient Regime and during the Revolution. — Ruin and discredit of their supports. — The central power their sole surviving dependence. — II. The Theory. — Agreement of speculative ideas with practical ne- cessities. — Public rights under the Ancient Regime. — The King's three original rights. — Labors of the legists in extending royal pre. rogatives. — Historical impediments. — The primitive or ulterior limits of royal power. — The philosophic and revolutionary principle of popular sovereignty. — Unlimited extension of State power. — Applica- tion to spontaneous bodies. — Convergence of ancient and new doc- via CONTENTS. trines, — Corporations considered as creations of the public power.— Centralization through the universal intervention of the State. — III. The Organizer. — Influence of Napoleon's character and mind on his internal and French system. — Exigencies of his external and European role. — Suppression of all centres of combination and concord. — Ex- tension of the public domain and what it embraces. — Reasons for maintaining the private domain. — The part of the individual. — His reserved enclosure. — Outlets for him beyond that. — His talents are enlisted in the service of public power. — Special aptitude and tempo- rary vigor, lack of balance, and doubtful future of the social body thus formed. — IV. General aspect and characteristics of the new State. — Contrast between its structure and that of other contemporary or pre- existing States. — The plurality, complexity, and irregularity of ancient France. — The unity, simplicity, and regularity of modern France. — To what class of works it belongs. — It is the modern masterpiece of the classic spirit in the political and social order of things. — V. Its analogue in the antique world. — The Roman State from Diocletian to Constantine. — Causes and bearing of this analogy. — Survival of the Roman idea in Napoleon's mind. — The new Empire of the West. BOOK THIRD. OBJECT AND MERITS OF THE SYSTEM, Chapter I . . . . . . . . .151 I. How Napoleon comprehends the sovereignty of the people. — His maxim on the will of the majority and on the office of govern- ment. — Two groups of evidently preponderating desires in 1799. — II. Necessities dating from the Revolution. — Lack of security for Per- sons, Property, and Consciences. — Requisite conditions for the establishment of order.— End of Civil war, Brigandage, and Anarchy. ^Universal relief and final security. — III. Lasting effects of revolu- tionary laws. — Condition of the Emigr/s. — Progressive and final amnesty. — They return. — They recover a portion of their possessions. — Many of them enter the new hierarchy. — Indemnities for them in- complete. — IV. Confiscation of collective fortunes. — Ruin of the Hos- pitals and Schools. — V. Complaints of the Poor, of Parents, and of Believers. — Contrast between old and new educational facilities. — Clandestine instruction. — Jacobin teachers.— VI. The Spirit and Minis- istrations of Catholicism. — How the Revolution develops a sense of this. — VII. Reasons for the Concordat. — Napoleon's economical organization of the Church institution. — A good Bargainer. — Com- promise with the old state of things.— VIII. State appropriations very small.— Toleration of educational institutions. — Tne mterest of the public in them invited. — The University. — Its monopoly. — Prac- CONTENTS. IX tically, his restrictions and conditions are effective. — Satisfaction given to the first group of requirements. Chapter II 2j8 I. What people craved previous to the Revolution. — Lack of dis- tributive justice. — Wrongs committed in the allotment of social sac- rifices and benefits. — Under the Ancient Regime. — During the Revo- lution. — Napoleon's personal and public motives in the application of distributive justice. — The circumstances favorable to him. — His prin- ciple of apportionment. — He exacts proportion in what he grants. — n. The apportionment of charges. — New fiscal principle and new fiscal machinery. — HI. Direct real and personal taxation. — In what respect the new machinery is superior to the old. — Full and quick returns. — Relief to taxpayers. — Greater relief to the poor workman and small farmer. — IV. Other direct taxes. — Tax on business licenses. — Tax on real-estate transactions. — The earnings of manual labor almost exempt from direct taxation. — Compensation on another side. — Indirect taxation. — In what respect the new machinery is superior to the old. — Summary effect of the new fiscal regime. — Increased receipts of the public treasury. — Lighter burdens of the taxpayer. — Change in the condition of the small taxpayer. — V. Military service. — Under the Ancient Regime. — The militia and regular troops. — Number of soldiers. — Quality of the recruits. — Advantages of the institution. — Results of the new system. — The obligation universal. — Comparison between the burdens of citizens and subjects. — The Conscription under Napoleon. — He lightens and then increases its burdensomeness. — What it became after him. — The law of 1818. Chapter III .... .... 238 L The assignment of right. — Those out of favor and the preferred under former governments. — Under the Ancient Regime. — During the Revolution. — French conception of Equality and Rights. — Its ingredients and its excesses. — The satisfaction it obtains under the new regime. — Abolition of legal incapacities and equality in the pos- session of rights. — Confiscation of collective action and equality in the deprivation of rights. — Careers in the modern State. — Equal right of all to offices and to promotion. — Napoleon's distribution of employ- ments. — His staff of officials recruited from all classes and parties. — II. The need of success. — Initiation and conditions of promotion under the old monarchy. — Effect on minds. — Ambitions are limited. — The external outlets open to them. — The Revolution provides an internal outlet and an unlimited career. — Effect of this. — Exigencies and pretensions of the modern man. — Theoretical rule of selection among rivals. — Popular suffrage erected into judicial arbitrament. — X CONTENTS. Consequence of its verdict. — Unworthiness of its choice. — III. Napo- leon as judge of competition. — Security of his seat. — Independence of his decisions. — Suppression of former influences and end of monar- chical or democratic intrigues. — Other influences against which he is on guard. — His favorite rule. — Estimate of candidates according to the kind and amount of their useful labor. — His own competency. — His perspicacity. — His vigilance. — Zeal and labor of his functionaries. — Result of competition thus viewed and of functions thus exercised. — Talents utilized and jealousies disarmed. — IV. Competitions and prizes. — Multitude of offices. — How their number is increased by the extension of central patronage and of the French territory. — Situation of a Frenchman abroad. — It gives him rank. — Rapidity oi promotion. — Constant elimination and multiplicity of vacancies in the army. — Preliminary elimination in the civil service. — Proscription of cultivated men and interruption of education during the Revolution. — General or special instruction rare in 1800. — Small number of competent candidates. — Easy promotion due to the lack of competitors. — Importance and attraction of the prizes offered. — The Legion of Honor. — The imperial nobility. — Dotations and majorities. — Emula- tion. — V. The inward spring from 1789 to 181 5. — Its force. — Its de- cline. — How it ends in breaking the machine down. BOOK FOURTH. THE DEFECT AND EFFECTS OF THE SYSTEM. Chapter I 284 Local society. — I. The two mainsprings of human action. — The egoistic instinct and the social instinct. — Motives for noi weakening the social instinct. — Influence on society of the law it prescribes. — The clauses of a statute depend on the legislator who adopts or imposes them. — Conditions of a good statute. — It favors the social instinct. — Different for different societies. — Determined by the peculiar and per manent traits of the society it governs. — Capital defect of the statute under the new regime.— II. Local societies.— Their principal and dis- tinctive character. — Their type on a small scale.— A dwelling-house in Annecy or Grenoble. — Compulsory association of its inmates. — Its object and limits. — Private in character.— III. Analysis of other local societies, commune, department, or province. — Common interests which necessitate local action. — Two objects in view: care of public roads and means of protection against spreading calamities. — Why collaboration is an obligation. — Neighbors involuntaiily subject to a common bond on account of proximity. — Willingly or not each shares in its benefits. — What portion of the expense belongs to each. — Equal advantages for each. — The unequal and proportionate advantages for CONTENTS. x; each in his private expenses, industrial or commercial gains, and in the locative value of his real estate. — Each person's quota of expense according to his equal and proportionate share in advantages. — IV. Local society, thus constituted, is a collective personality. — The sphere of its initiation and action. — Its relation to the State. — Dis- tinction between the private and the public domain. — V. Case in which the State abdicates. — Anarchy during the Revolution. — Case in which the State usurps. — Regime of the year viii. — Remains of local independ- ence under the ancient regime. — Destroyed under the new regime. — Local society after 1800. — VI. Lists of notables. — Scnatus constdtes of the year x. — Liberal institution becomes a reigning instrument. — Mechanism of the system of appointments and candidatures. — Decree of 1806 and suppression of candidatures. — VII. Quality of municipal and general councillors under the Consulate and the Empire. — Object of their meetings. — Limits of their power. — Their real role. — Role of the prefect and of the government. — VIII. The institution remains intact under the Restoration. — Motives of the governors. — Excellence of the machine. — Abdication of the administrator. Chapter II ........ . 322 I. Local society since 1830. — Introduction of a new internal motor. — Subordinate to the external motor. — Advantageous under the system of universal suffrage. — II. Application of universal suffrage to local society. — Two assessments for the expenses of local society. — The fixed amount of one should in equity be equal to the average sum of the other. — Practically, the sum of one is kept too low. — How the new regime provides for local expenditure. — The " additional centimes." — How the small taxpayer is relieved in town and country. — His quota in local expenditure reduced to the minimum. — His quota of local benefits remains intact. — Hence the large or average taxpayer bears, beside his own burden, that of the relieved senate taxpayer. — Number of those relieved. — The extra burden of the large and average taxpayer in alms-giving. — The relief of the small taxpayer is a levy of alms. — III. Possible compensation in the other side of the scale. — What the distribution of rights should be according to the principle of distributive justice. — In every association of stock-owners. — In local society confined to its natural object. — In local society charged with supplementary functions. — The local statute in England and I^russia. — The exchange equitable when burdens are compensated by rights. — IV. How unlimited universal suffrage found its way into local society. — Object and mode of the French legislator. — V. No distinction be- tween the rural and the urban commune. — Effects of the law on the rural commune. — Disproportion between the intelligence of its elected representatives and the work imposed on them. — The mayor and the w Xii CONTENTS. municipal council. — Lack of qualified members. — The secretary of the mayoralty. — The chief or under-chief of the prefectorial bureau. — VI. Effects of the law on the urban commune. — Disproportion between the administrative capacity of its elected representatives and the work imposed on them. — Lack of a special and permanent manager. — The municipal council and the mayor. — The general council and the inter- mediary committee. — The prefect. — His dominant rule. — His obliga- tory concessions. — His principal aim. — Bargains between the Central authority and the local Jacobins. — Effect of this on local government, on the officials, and on local finances. — VIL Present state of local society, — Considered as an organism, it is stillborn. — Considered as a mechanism, it gets out of order. — Two successive and false concep- tions of local government. — In theory, one excludes the other. — Practically, their union ends in the actual system. — Powers of the prefect. — Restrictions on these through subsequent changes. — Give and take. — Bargaining. —Supported by the government and cost to the State. — VIII. Final result in a tendency to bankruptcy. Appendix 357 THE MODERN REGIME. BOOK FIRST. Napoleon ISonaparte. CHAPTER I. Historical importance of his character and genius. — I. He is of another race and another century. — Origin of his paternal family. — Transplanted to Corsica. — His maternal family. — Loetitia Ramolino. — Persistence of Corsi- can souvenirs in Napoleon's mind. — His youthful sentiments regarding Corsica and France. — Indications found in his early compositions and in his style. — Current monarchical or democratic ideas have no hold on him. — His impressions of the loth of June and loth of August after the 31st of May. — His associations with Robespierre and Barras without committing himself. — His sentiments and the side he takes Vendemiaire 13th. — The great Condottiere . — His character and conduct in Italy. — Description of him morally and physically in 1798. — His precocious and sudden ascendency. — Analogous in spirit and character to his Italian ancestors of the XVth cen- tury. — II. Intelligence during the Italian Renaissance and at the present day. — Integrity of Bonaparte's mental machinery. — Flexibility, force, and tenacity of his attention. — Another difference between Napoleon's intellect and that of his contemporaries. — He thinks objects and not words. — His an- tipathy to Ideology. — Little or no literary or philosophical education. — Self- taugiit through direct observation and technical instruction. — His fondness for details. — His inward vision of physical objects and places. — His mental portrayal of positions, distances, and quantities. — His psychological faculty and way of getting at the thought and feeling of others. — His self-analysis. — How he imagines a general situation by a particular case, also the invisible inward by the visible outward. — Originality and superiority of his style and discourse. — His adaptation of these to his hearers and to circumstances. — His notation and calculation of serviceable motives. — His three atlases. — Their scale and completeness. — His constructive imagination. — His projects and dreams — .Manifestation of the master faculty and its excesses. In trying to explain to otirselves the meaning of an edifice we must take into account whatever has opposed or favored its construction, the kind and quality of its available materials, the time, the opportunity, and the demand for it ; but, still more important, we mu.st consider the genius and taste of the architect, especially whether he is the proprietor, whether he 2 THE MODERN REGIME. book I. built it to live in himself, and, once installed in it, whether he took pains to adapt it to his own way of living, to his own necessities, to his . own use. — Such is the social edi- fice erected by Napoleon Bonaparte, its architect, proprietor, and principal occupant from 1799 to 1814 ; it is he who has made modern France ; never was an individual character so profoundly stamped on any collective work, so that, to com- prehend the work, we must first study the character of the man.' Disproportionate in all things, but, stranger still, he is not only out of the common run, but there is no standard of measurement for him ; through his temperament, instincts, faculties, imagination, passions, and moral constitution he seems cast in a special mould, composed of another metal than that which enters into the composition of his fellows and con- temporaries. Evidently he is not a Frenchman, nor a man of the eighteenth century ; he belongs to another race and another epoch ;^ we detect in him, at the first glance, the foreigner, the Italian,' and something more, apart and beyond 1 The main authority is, of course, the " Correspondance de I'Empereur Napoleon I.," 'n thirty-two volumes. This " Correspondance," unfortunately, is still incomplete, while, after the sixth volume, it must not be forgotten that much of it has been purposely stricken out. " In general," say the editors (xvi., p. 4), " we have been governed simply by this plain rule, thit we were required to publish only what the Emperor liimsel/^vould haz'e given to the public had he survived himself, and, anticipating the verdict of time, exposed to pos- terity his own personality and system." — The savant who has the most carefully examined this correspondence, entire in the French archives, estimates that it comprises about 80,000 pieces, of which 30,000 have been published in the collection referred to; passages in 20,000 of the others have been stricken out on account of previous publication, and about 30,000 more, through considerations of propriety or policy. For example, but little more than one- half of the letters from Napoleon to Bigot de Preameneu on ecclesiastical matters have been published ; many of these omitted letters, all important and characteristic, may be found in " L'Eglise romaine et le Premier Empire," by M. d'Haussonville. 2 "Memorial de Sainte Helene," by Las Casas(May 29, 1S16).— " In Corsica, Paoli, on a horseback excursion, explained the positions to him, the places where liberty found resistance or triumphed. Estimating tl-.e character of Napoleon by what he saw of it through personal observation, Paoli said to him, " Oh. Napoleon, there is nothing modern in you, you belong wholly to Plutarch ! "— .Antonomarchi, " Memoires," Oct. 25, 1819. The same account, slightly different, is there given : " Oh, Napoleon," said Paoli to me, *' you do not belong to this century ; you talk like one of Plutarch's characters. Courage, you will take flight yet ! " 3 Ue Segur, " Histoire et Memoires," i., 150. (Narrative by Pontecoulant, member of the Committee in the war, June, 1795.) " Boissy d'Anglas told him that he had seen the CHAP. 1. NAPOLEON BONAPARTE. 3 these, surpassing all similitude or analogy. — Italian he was through blood and lineage ; first, through his paternal family, which is Tuscan,' and which we can follow down from the twelfth century, at Florence, then at San Miniato ; next at Sarzana, a small, backward, remote town in the state of Genoa, where, from father to son, it vegetates obscurely in provincial isolation, through along line of notaries and municipal syndics. " My origin," says Napoleon himself,^ " has made all Italians regard me as a compatriot. . . . When the question of the marriage of my sister Pauline with Prince Borghese came up there was but one voice in Rome and in Tuscany, in that family, and with all its connections: * // will do,' said all of them, ' it's amongst ourselves, it's 07ie of our own families' " When the Pope hesitated about coming to Paris to crown Napoleon, "the Italian party in the Conclave prevailed against the Austrian party by supporting political arguments with the following slight tribute to national amour propre : ^ After ally we are imposifig an Italian family on the barbarians, to govern them. We are revenging ourselves on the Gauls." This sig- nificant expression throws light into the depths of the Italian nature, the eldest daughter of modern civilization, imbued with its right of primogeniture, persistent in its grudge against the transalpines, the rancorous inheritor of Roman pride and of antique patriotism.^ From Sarzana, a Bonaparte emigrates to Corsica, where he establishes himself and lives after 1529. The following year evening before a little Italian, pale, slender, and puny, but singuLarly audacious in his views and in the vigor of his expressions." — The next day, Bonaparte calls on Pontecou- lant, " Attitude rigid through a morbid pride, poor exterior, long visage, hollow and bronzed. . . . He is just from the army and talks like one who knows what he is talking about." 1 Coston, " Biographic des premiires annees de Napoleon Buonaparte " 2 vols. (1840), passim. — Yung, " Bonaparte et son Temps," i., 300, 302. (Pieces giinealogiqucs.) — King Joseph, " IMcmoires," i., 109, m. (On the various branches and distinguished men of tlie Bonaparte family.) — Miot de .Melito, " Memoires," ii., 30. (Documents on the Bonaparte family, collected on the spot by the author in 1801.) 2 "Memorial," May 6, 1816.— Miot de Melito, ii., 30. (On the Bonapartes of San Miniato): "The last offshoot of this branch was a canon then still living in this same town of San Miniato, and visited by Bonaparte in the year iv, when he came to Florence." 3 " Correspondanccde I'Empereur Napoleon I." (I.,etter of Bonaparte, Sept. zg, 1797, in relation to Italy) : " A people at bottom inimical to the French through the prejudices, character, and customs of centuries." 4 THE MODERN R&GIME. book i. Florence is taken and completely subjugated ; henceforth, in Tuscany, under Alexander de Medici, then under Cosmo I. and his successors, in all Italy under Spanish rule, municipal inde- pendence, private feuds, the great exploits of political adven- tures and successful usurpations, the system of ephemeral principalities, based on force and fraud, all give way to perma- nent repression, monarchical discipline, external order, and a certain species of public tranquillity. Thus, just at the time when the energy and ambition, the vigorous and free sap of the Middle Ages begins to run down and then dry up in the shriveled trunk,' a small detached branch takes root in an island, not less Italian but almost barbarous, amidst institu- tions, customs, and passions belonging to the primitive mediaeval epoch,'' and in a social atmosphere sufficiently rude for the maintenance of all its vigor and harshness. — Grafted, more- over, by frequent marriages, on the wild stock of the island. Napoleon, on the maternal side, through his grandmother and mother, is wholly indigenous. His grandmother, a Pietra- Santa, belonged to Sartene,' a Corsican canton par excellence where, in 1800, hereditary vendettas still maintained the regime of the eleventh century ; where the permanent strife of inimi- cal families was suspended only by truces ; where, in many villages, nobody stirred out of doors except in armed bodies, and where the houses were crenellated like fortresses. His mother, Laetitia Ramolini, from whom, in character and in will, he derived much more than from his father,^ is a primi- 1 Miot de Melito. i., 126, (i7q6): '• Florence, for two centuries and a h.alf, had lost that antique energy which, in the stormy times of the Republic, distinguished this city. Indo- lence was the dominant spirit of all classes. . . . Almost everywhere I saw only men lulled to rest by the charms of the most exquisite climate, occupied solely with the details of a monotonous existence, and tranquilly vegetating under its beneficent sky." — (On Milan, in 1796, cf. Stendhal, introduction to the " Chartreuse de Parme.") 2 " Miot de .Melito, i., 131 : " Having just left one of the most civilized cities in Italy, it was not without some emotion that I found myself suddenly transported to a country (Corsica) which, in its sav.-»ge aspect, its rugged mountains, and its inhabitants uniformly dressed in coarse brown cloth, contrasted so strongly with the rich and smiling landscape of Tuscany, and with the comfort, I should almost say elegance, of costume worn by the happy cultivators of that fertile soil." 3 Miot de Melito, ii., 30 : " Of a not very important family of Sartene."— ii., 143. (On the canton of Sartene and the Vendettas of 1796).— Coston, i., 4 : " The family of Madame Laetitia, sprung from the counts of Cotalto, came originally from Italy." 4 His father, Charles Bonaparte, weak and even frivolous, " too fond of pleasure to care ibout his children," and to see to his affairs, tolerably learned and an indifferent CHAP. I. NAPOLEON BONAPARTE. 5 tive soul on which civilization has taken no hold ; simple, all of a piece, unsuited to the refinements, charms, and graces of a worldly life ; indifferent to comforts, without literary culture, as parsimonious as any peasant woman, but as energetic as the leader of a band ; powerful, physically and spiritually, accus- tomed to danger, ready in desperate resolutions ; in short, a " rustic Cornelia," who conceived and gave birth to her son amidst the risks of battle and of defeat, in the thickest of the French invasion, amidst mountain rides on horseback, noctur- nal surprises, and volleys of musketry.' " Losses, privations, and fatigue," says Napoleon, " she endured all and braved all. Hers was a man's head on a woman's shoulders." — Thus fashioned and brought into the world, he felt that, from first to the last, he was of his race and country. " Everything was better there," said he, at Saint Helena,' " even the very smell of the soil, which he could have detected with his eyes shut ; nowhere had he found the same thing. He imagined himself there again in early infancy, and lived over again the days of his youth, amidst precipices, traversing lofty peaks, deep valleys, and narrow defiles, enjoying the honors and pleasures of hospitality," treated everywhere as a head of a family, died at the age of thirty-nine of a cancer in the stomach, which seems to be the only bequest he made to his son Napoleon. — His mother, on the contrary, serious, authoritative, the true head of a family, was, said Napoleon, " hard in her affections : she punished and rewarded without distinction, good or bad ; she made us all feel it." — On be- coming head of the household, " she was too parsimonious — even ridiculously so. This was due to excess of foresight on her part ; she had known want, and her terrible suffer- ings were never out of her mind. . . . Paoli had tried persuasion with her before resorting to force. . . . Madame replied heroically, as a Cornelia would have done. . . . From twelve to fifteen thousand peasants poured down from the mountains of Ajaccio ; our house was pillaged and burnt, our vines destroyed, and our flocks. . . . In other respects, this woman, from whom it would have been so difficult to extract five francs, would have given up everything to secure my return from Elba, and after Waterloo she offered me all she possessed to restore my affairs." ("Memorial," May 29, 1816, and "'Memoires d'Antonomarchi," Nov. 18, iSig. — On the ideas and ways of Bonaparte's mother, read her " Conversation " in " Journal et Memoires," vol. iv., by Stanislas Girardin.) Duchesse d'Abrantes, " Memoires," li., 318, 319. " Avaricious out of all reason except on a few grave occasions. . . . No knowledge whatever of the usages of society. . . . Very igno- rant, not alone of our literature, but of her own."— Stendhal, " Vie de Napoleon ": " The character of her son is to be explained by the perfectly Italian character of Madame La;titia." I The French conquest is effected by armed force between July 30, 1768, and May 22, 1769. The Bonaparte family submitted May 23, 1769, and Napoleon was born on the fol- lowing 15th of August. a Antonomarchi, " Memoires," October 4, 1819, " Memorial," May 29, 1816. 6 THE MODERN REGIME. book i. brother and compatriot, " without any accident or insult ever suggesting to him that his confidence was not well grounded." At Bocognano/ where his mother, pregnant with him, had taken refuge, " where hatred and vengeance extended to the seventh degree of relationship, and where the dowry of a young girl was estimated by the number of her cousins, I was feasted and made welcome, and everybody would have died for me." Forced to become a Frenchman, transplanted to France, edu- cated at the expense of the king in a Fixnch school, he became rigid in his insular patriotism, and loudly extolled Paoli, the liberator, against whom his relations had declared themselves. " Paoli," said he, at the dinner table, ^ " was a great man. He loved his country. My father was his adju- tant, and never will I forgive him for having aided in the union of Corsica with France. He should have followed her fortunes and have succumbed only with her." Throughout his youth he is at heart anti-French, morose, "bitter, lildng very few and very little liked, brooding over resentment," like a vanquished man, always moody and compelled to work against the grain. At Brienne, he keeps aloof from his com- rades, takes no part in their sports, shuts himself in the library, and unbosoms himself only to Bourrienne in explosions of hatred : " I will do you Frenchmen all the harm I can ! " — " Corsican by nation and character," wrote his professor of history in the Military Academy, " he will go far if circum- stances favor him." ' — Leaving the Academy, and in garrison at Valence and Auxonne, he remains always hostile, dena- tionalized ; his old bitterness returns, and, addressing his let- ters to Paoli, he says : " I was born when our country perished, 1 Miot de Melito, ii., 33 : " The day I arrived at Bocognano two men lost their lives through private vengeance. About eight years before this one of the inhabitants of the canton had killed a neighbor, the father of two children. ... On reaching the age of sixteen or seventeen years these children left the country in order to dog the steps of the murderer, who kept on the watch, not daring to go far from his village. . . . Finding him playing cards under a tree, they fired at and killed him, and besides this accidentally shot another man who was asleep a few paces off. The relatives on both sides pronounced the act justifiable and according to rule." Ibid.yi.. 143: "On reaching Bastia from Ajaccio the two principal families of the place, the Peraldi and the Visuldi, fired at each other, in disputing over the honor of entertaining me." 2 Bourrienne, " Memoires," i., 18, iq. 3 De Segur, " Histoire et Memoires," i., 74. CHAP. I. NAPOLEON BONAPARTE. 7 Thirty thousand Frenchmen vomited on our shores, drowning the throne of liberty in floods of blood — such was the odious spectacle on which my eyes fust opened ! The groans of the dying, the shrieks of the oppressed, tears of despair, sur- rounded my cradle from my birth. ... I will blacken those who betrayed the common cause with the brush of infamy . . . vile, sordid souls corrupted by gain !"^ A little later, his letter to Buttafuoco, deputy in the Constituent Assembly and principal agent in the annexation to France, is one long strain of renewed, concentrated hatred, which, after at first trying to restrain it within tlie bounds of cold sarcasm, ends in boiling over, like red-hot lava, in a torrent of scorching invec- tive. — From the age of fifteen, at the Academy and afterwards in his regiment, he finds refuge in imagination in the past of his island ; ~ he recounts its history, his mind dwells upon it for many years, and he dedicates his work to Paoli. Unable to get it published, he abridges it, and dedicates the abridgment to Abbe Raynal, recapitulating in a strained style, with warm, vibrating sympathy, the annals of his small community, its revolts and deliverances, its heroic and sanguinary outbreaks, its public and d(Mnestic tragedies, ambuscades, betrayals, re- venges, loves, and murders, — in short, a history similar to that of the Scottish highlanders, while the style, still more than the sympathies, denotes the foreigner. Undoubtedly, in this work, as in other youthful writings, he follows as well as he can the authors in vogue — Rousseau, and especially Raynal ; he gives a schoolboy imitation of their tirades, their sentimen- tal declamation, and their humanitarian grandiloquence. lUit these borrowed clothes, which incommode him, do not lit him ; they are too tight, and the cloth is too fine ; they require too much circumspection in walking ; he does not know how to put them on, and they rip at every seam. Not only has he never learned how to spell, but he does not know the true 1 Yung, i., 195. (t^etter of Bonaparte to Paoli, June 12, 1789) ; i., 250 (Letter of Bona- parte to Buttafuoco. January 23. 1790). 2 Yung, i., 107 (Letter of Napoleon to his father, Sept. 12, 1784): i., 163 (Letter of Napoleon to Abbe Raynal, July, 1786); i., 197 (Letter of Napoleon to Paoli, June 12, 1789). The three letters on the history of Co-sica are dedicated to Abbe Raynal in a letter «f June 24, 1790, and may be found in Yung, i., 434. 8 THE MODERN REGIME. book i. meaning, connections, and relations of words, the propriety or impropriety of phrases, the exact significance of imagery ;* he strides on impetuously athwart a pell-mell of incongruities, incoherences, Italianisms, and barbarisms, undoubtedly stum- bling along through awkwardness and inexperience, but alsa through excess of ardor and of heat;^ his jerking, eruptive thought, overcharged with passion, indicates the depth and temperature of its source. Already, at the Academy, the pro- fessor of belles-lettres^ notes down that " in the strange and incorrect grandeur of his amplifications he seems to see granite fused in a volcano." However original in mind and in sensi- bility, ill-adapted as he is to the society around him, different from his comrades, it is clear beforehand that the current ideas which take such hold on them will obtain no hold on him. Of the two dominant and opposite ideas which clash with each other, it might be supposed that he would lean either to one or to the other, although accepting neither. — Pensioner of the king, who supported him at Brienne, and afterwards in the Military Academy ; who also supported his sister at St. Cyr ; who, for twenty years, is the benefactor of his family ; to whom, at this very time, he addresses entreating or grateful letters over his mother's signature — he does not regard him as his born general ; it does not enter his mind to take sides and 1 Read especially his essay" On the Truths and Sentiments most important to inculcatfr on Men for their Welfare " (a subject proposed by the Academy of Lyons in 1790). " Some bold men impulsed by genius. . . . Perfection grows out of reason as fruit out of a tree. . . . Reason's eyes guard man from the precipice of the passions. . . . The spec- tacle 0/ the strenxtk 0/ virttie was what the Lacedaemonians principally felt. . . . Must men then be lucky in the means by which they are led on to happiness ? . . . . My rights. (to property) are renewed along with my transpiration, circulate in my blood, are written on my nerves, on my heart. . . . Proclaim to the rich — your wealth is your misfortune, withdrawn ivithin the latitude 0/ your senses. . . . Let the enemies of nature at thy voice keep silence and swallow their rabid serpents' tongues. . . . The wretched shun the society of men, the /rt/('.t/r_v (t/" ^aj't'/y turns to mourning. . . . Such, gentlemen, are the Sentiments which, in animal relations, mankind should have taught it for its welfare." 2 Yung, i., 252 (Letter to Buttafuoco). " Dripping with the blood of his brethren, sul- lied by every species of crime, he presents himself with confidence under his vest of a general, the sole reward of his criminalities." — i., i'32 (Letter to the Corsican Intendant, April 2, 1879). " Cultivation is what ruins us". — See various manuscript letters, copied by Yung, for innumerable and gross mistakes in French. — Miot de Melito, i., 84 (July, 1796). " He spoke curtly and, at this time, very incorrectly." — Madame de Remusat, i., 104. " Whatever language he spoke it never seemed familiar to him ; he appeared to force him- self in expressing his ideas." 3 De Segur, i., 174. CHAP. I. NAPOLEON BONAPARTE. 9 draw his sword in his patron's behalf ; in vain is he a gentle- man, to whom d'Hozier has certified ; reared in a school of noble cadets, he has no noble or monarchical traditions.^ — Poor and tormented by ambition, a reader of Rousseau, patronized by Raynal, and tacking together sentences of philosophic fustian about equality, if he speaks the jargon of the day, it is without any belief in it ; the phrases in vogue form a decent, academical drapery for his ideas, or serve him as a red cap for the club ; he is not bewildered by democratic illusions, and entertains no other feeling than disgust for the revolution and the sovereignty of the populace. — At Paris, in April, 1792, when the struggle between the monarchists and the revolu- tionists is at its height, he tries to find " some successful spec- ulation,"^ and thinks he will hire and sublet houses at a profit. On the 20th of June he witnesses, only as a matter of curi- osity, the invasion of the Tuileries, and, on seeing the king at a window place the red cap on his head, exclaims, so as to be heard, " Che Coglione ! " Immediately after this : " How could they let that rabble enter ! Mow down four or five hundred of them with cannon-balls and the rest would run away." On August 10, when the tocsin sounds, he regards the people and the king with equal contempt ; he rushes to a friend's house on the Carrousel and there, still as a looker-on, views at his ease all the occurrences of the day ; ^ finally, the •chateau is forced and he strolls through the 1'uileries, looks in at the neighboring cafes, and that is all : he is not disposed to take sides, he has no Jacobin or royalist impulse. His features, even, are so calm as to provoke many hostile remarks, 1 Cf. the " Mdmoires " of Marshal Marmont, i., 15, for the ordinary sentiments of the young nobility. " In 1792 I had a sentiment for the person of the king, difficult to define, of which I recovered the trace, and to some extent the power, twenty-two years later ; a sentiment of devotion almost religious in character, an innate respect as if due to a being of a superior order. The word King then possessed a magic, a force, which riOthing had changed in pure and honest breasts. . . . This religion of royalty still existed in the mass of the nation, and especially amongst the ivell-born^ who, sufficiently remote from power, were rather struck with its brilliancy than with its imperfections. . . . This love be- came a sort of worship." 2 Uourrienne, " Momoires," i. 27. — Scgur, i. 445. In 1795, at Paris, Bonaparte, bein;; out of military employment, enters upon several commercial speculations, amongst which is a bookstore, which does not succeed. (Stated by Scbastiani and many others.) 3 " Memorial," Aug. 3, 1816. lo THE MODERN REGIME. book i. •'and distrustful, as if unknown and suspicious." — Similarly, after the 31st of May and the 2d of June, his "Souper de Beaucaire " shows that if he condemns the departmental insur- rection it is mainly because he deems it fruitless; on the side of the insurgents, a defeated army, no position tenable, no cavalry, raw artillerymen, Marseilles reduced to its own troops, full of hostile sans-cnlottes and sore besieged, taken and pil- laged ; chances are against it. " Poor sections of the coun- try, the people of Vivaris, of the Cevennes, of Corsica, may fight to the last extremity, but you lose a battle and the fruit of a thousand years of fatigue, hardship, economy, and happiness become the soldier's prey."^ And this for the conversion of the Girondists ! — None of the political or social convictions which then exercise such control over men's minds have any hold on him. Before the 9th of Thermidor he seemed to be a " republican montagnard," and we follow him for months in Provence " the favorite and confidential adviser of young; Robespierre," "admirer" of the elder Robespierre,^ intimate at Nice with Charlotte Robespierre. After the gth of Ther- midor has passed, he frees himself with bombast from this compromising friendship: "I thought him sincere," says he of the younger Robespierre, in a letter intended to be shown,, "but were he my father and had aimed at tyranny, I would have stabbed him myself." On returning to Paris, after having knocked at several doors, he takes Barras for a patron. Barras, the most brazen of the corrupt, Barras, who has overthrown and contrived the death of his two former protectors.^ Amon;;- the contending parties and fanaticisms which succeed each other he keeps cool and free to dispose of himself as he pleases, indifferent to every cause and concerning himself only 1 Bourrienne, i., 171. (Original text of the " Souper de Beaucaire.") 2 Yung, ii., 430, 431. (Woids of Charlotte Robespierre.) Bonaparte, asa souvenir of his acquaintance with her. granted her a pension, under the consulate, of 3600 francs. — Ibid. (Letter of Tilly, charge d'affaires at Genoa, to Buchot, commissioner of foreign affairs.)— Cf. in the " Memorial," Napoleon's favorable judgment of Robespierre. 3 Yung, ii., 455. (Letter from Bon.npirte to Tilly, Aug. 7, 1794 ) Ibid., iii., 120. (Memoirs of Lucien.) " Barras has charge of Josephine's dowry, which is the command of the army in Italy." Ibid., ii., 477. (Grading of general officers, notes by Scherer on Bona- parte.> " He knows all about artillery, but is rather too ambitious, and too intriguing for promotion." CHAP. I. NAPOLEON BONAPARTE. II with his own interests. — On the evening of the 12th of Vende- miaire, on leaving the Feydeau theatre, and noticing the preparations of tlie sectionists,^ he said to Junot, "Ah, if the sections would only let me lead them ! I would guarantee to place them in the Tuileries in two hours and have all those Convention rascals driven out ! " Five hours later, denounced by Barras and the Conventionalists, he takes " three minutes " to make up his mind, and, instead of " blowing up the repre- sentatives," he shoots down the Parisians like any other good condoitiere, who, holding himself in reserve, inclines to the first that offers and then to who offers the most, except to back out afterwards, and finally, seizing the opportunity, grabs any- thing. — Likewise, a veritable coiidottiere, that is to say, leader of a band, more and more independent, pretending to submit under the pretext of the public good, looking out solely for his own interest, centering all on himself, general on his own account and for his own advantage in his Italian campaign before and after the i8th of Fructidor,^ but d^condottiere of the first class, already aspiring to the loftiest summits, "with no stopping-place but the throne or the scaffold,"^ "determined* to master France, also Europe through France, ever occupied with his own plans, and without distraction, sleeping three hours during the night," making playthings of ideas, people, religions, and governments, managing mankind with incom- parable dexterity and brutality, in the choice of means as of 1 De Segur, i.. 162 — La F.iyette, " Memoires," ii., 215. "Memorial" (note dictated by Napoleon). He states the reasons for and against, and adds, speaking of himself: " These sentiments, twenty-five years of age, confidence in his strength, his destiny, de- termined him." Boiirrienne, i., 51: " It is certain that hehas always bemoaned that day ; he has often said to me that he would give years of his life to efface that page of his history." 2 " Memorial," i.. Sept 6, 1815. " It is only after Lodi that the ide.i came to me that I might, after all, become a decisive actor on our political stage. Tlien the first spark ot lofty ambition gleamed out." On his aim and conduct in the Italian campaign of Sybel, " His- toire de I'Europe pendant la Revolution Fran^aise " (Dosquct translation), vol. iv., books ii.and iii., especially pp. 182, iqg, 334, 335, 406, 420, 475, 489. 3 Vung, iii., 213. (Letter of M. de Sucy, August 4, 1797.) 4 Jbid., iii., 214. (Report of d'Entraigues to M. de Mowikinoff, Sept., 1797.) " If there was any king in France which was not himself, he would like to have been his creator, with his rights at the end of his sword, this sword never to be parted with, so that he might plunge it in the king's bosom if he ever ceased to be submissive to him." — Miot de Melito, i., 154. flioiiaparte to Montebello, before Miot and Melzi, June, 1797.) Ibiti,'i., 184. (Bonaparte 10 .Miot, Nov. j3, 1797, at Turin.) 12 THE MODERN REGIME. book i. ends, a superior artist, inexhaustible in prestiges, seductions, corruption, and intimidation, wonderful, and yet more terrible than any wild beast suddenly turned in on a herd of browsing cattle. The expression is not too strong and was uttered by an eye-witness, almost at this very date, a friend and a com- petent diplomat : " You know that, while I am very fond of the dear general, I call him to myself the little tiger, so as to properly characterize his figure, tenacity, and courage, the rapidity of his movements, and all that he has in him which may be fairly regarded in that sense." ^ At this very date, previous to official adulation and the adoption of a recognized type, we see him face to face in two portraits drawn from life, one physical, by a truthful painter, Guerin, and the other moral, by a superior woman, Madame de Stael, who to the best European culture added tact and worldly perspicacity. Both portraits agree so perfectly that each seems to interpret and complete the other. " I saw him for the first time," ^ says Madame de Stael, " on his return to France after the treaty of Campo-Formio. After recovering from the first excitement of admiration there succeeded to this a decided sentiment of fear." And yet, "at this time he had no power, for it was even then supposed that the Directory looked upon him with a good deal of suspicion." People re- garded him sympathetically, and were even prepossessed in his favor ; " thus the fear he inspired was simply due to the singular effect of his person on almost all who approache4 him. I had met men worthy of respect and had likewise met men of ferocious character ; but nothing in the impression which Bonaparte produced on me reminded me of either. I soon found, in the various opportunities I had of meeting him during his stay in Paris, that his character 7vas not to be de- scribed in terms commonly employed; he was neither mild nor 1 D'Haussonville, "L'Eglise Romaine et la Premier Empire," i., 405. (Words of M. Cacault, signer of the Treaty of Tolentino, and French Secretary of Legation at Rome, at the commencement of negotiations for the Concordat.) M. Cacault says that he used this expression, " After the scenes of Tolentino and of Leghorn, and the fright of Man fredini, and Mate! threatened, and so many other vivacities." 2 Madame de Stael, " Considerations sur la Revolution Frangaise," 3d part, ch. xxvi.. and 4th part, ch. xviii. CHAP. I. NAPOLEOISr BONAPARTE. 13 violent, nor gentle nor cruel, like certain personages one hap- pens to know. A being like him, wholly unlike anybody else, could neither feel nor excite sympathy ; he was both more and less than a man ; his figure, intellect, and language bore the impress of a foreign nationality .... far from being reassured on seeing Bonaparte oftener, he intimidated me more and more every day. I had a confused impression that he was not to be influenced by any emotion of sympathy or affection. He regards a human being as a fact, aji object, and not as a fel- low-creature. He neither hates nor loves, he exists for himself alone ; the rest of humanity are so many ciphers. The force of his will consists in the imperturbable calculation of his egoism ; he is a skillful player who has the human species for an antagonist, and whom he proposes to checkmate. . . . Every time that I heard him talk I was struck with his superi- ority; it bore no resemblance to that of men informed and cultivated through study and social intercourse, such as we find in France and England ; his conversation indicated the tact of circumstatices, like that of the hunter in pursuit of his prey. His spirit seemed a cold, keen sword-blade, which freezes while it wounds. I felt a profound irony in his mind, which nothing great or beautiful could escape, not even his own fame, for he despised the nation whose suffrages he sought." — "With him, everything was means to ends ; the in- voluntary, whether for good or for evil, was entirely absent." No law, no ideal and abstract rule, existed for him ; " he examined things only with reference to their immediate use- fulness ; a general principle was repugnant to him, either as so much nonsense or as an enemy." Now, contemplate in Guerin * the spare body, those narrow shoulders under the uniform wrinkled by sudden movements, that neck swathed in its high twisted cravat, those temples covered by long, smooth, straight hair, exposing only the mask, the hard features intensified through strong contrasts of light and shade, the cheeks hollow up to the inner angle of the eye, the projecting cheek-bones, the massive, protuberant jaw, the I Portrait of Bonaparte in the " Cabinet des Etampes," " drawn by Guerin, engraved by Fiesinger, deposited in the National Library, Vend6miaire ag, year vii." 14 THE MODERN REGIME. book i. sinuous, mobile lips, pressed together as if attentive, the large^ clear eyes, deeply sunk under the broad, arched eyebrows, the fixed, oblique look, as penetrating as a rapier, and the two creases which extend from the base of the nose to the brow, as if in a frown of suppressed anger and determined will. Add to this the accounts of his contemporaries^ who saw or heard the curt accent or the sharp, abrupt gesture, the interrogating, imperious, absolute tone of voice, and we comprehend how, the moment they accosted him, they felt the dominating hand which seizes them, presses them down, holds them firmly and never relaxes its grasp. Already, at the receptions of the Directory, when conversing with men, or even with ladies, he puts questions " which prove the su[)eriority of the questioner to those who have to answer them." ^ " Are you married ? " says he to this one, and " How many children have you ? " to another. To that one, " When did you come here ? " or, again, " When are you going away ?" He places himself in front of a French lady, well known for her beauty and wit and the vivacity of her opinions, " like the stiffest of German generals, and says : ' Madame, 1 don't like women who meddle with politics!'" Equality, ease, and familiarity — all fellowship vanishes at his approach. Eighteen months before this, on his appointment as commander-in-chief of the army in Italy, Admiral Decres, who had known him well at Paris,'' learns that he is to pass through Toulon : " I at once propose to my comrades to introduce them, venturing to do so on my acquaintance with him in Paris. Full of eagerness and joy, I start off. The door opens and I am about to press forwards," he afterwards wrote, " when the attitude, the look, and the tone of voice suffice to arrest me. And yet there was nothing offensive about him ; still, this was enough. I never tried after that to overstep the line thus imposed on me." A few days later, at Alberga,* certain 1 Madame de Remu^at. " Memoires, " i., 104. — Miot de Melito, i., 84. 2 Madame de Stael, " Considerations," etc., 3d part,ch. xxv. — Madame de Remusat, ii., 77- 3 Stendhal, "Memcires sur Napoleon," narration of Admiral Decres.— Same narration in the '• Memorial." 4 De Segur, i., 193. CHAP. I. NAPOLEON BONAPARTE. 15 generals of division, and among them Augereau, a vulgar, heroic old soldier, vain of his tall figure and courage, arrive at headquarters, not well disposed toward the little parvenu sent out to them from Paris. Recalling the description of him which had been given to them, Augereau is abusive and insub- ordinate beforehand. " One of Barras's favorites ! The Ven- demiaire general ! A street general ! Never in action ! Hasn't a friend! Looks like a bear because he always thinks for himself ! An insignificant figure ! He is said to be a mathematician and dreamer!"' They enter, and Bonaparte keeps them waiting. At last he appears, with his sword and belt on, explains the disposition of the forces, gives them his orders, and dismisses them. Augereau is thunderstruck. Only when he gets out of doors does he recover himself and fall back'on his accustomed oaths. He agrees with Massena that "that little of a general frightened him." He cannot comprehend the ascendency." which overawes him at the first glance."^ Extraordinary and superior, made for command ' and for conquest, singular and of an unique species, is the feeling of all his contemporaries; those who are most familiar with the histories of other nations, Madame de Stael and, after her, Stendhal, go back to the right sources to comprehend him, to the " petty Italian tyrants of the fourteenth and fifteenth cen- turies," to Castruccio-Castracani, to the Braccio of Mantua, to the Piccinino, the Malatestas of Rimini, and the Sforzas of Milan. In their opinion, however, it is only a chance analogy, a psychological resemblance. Really, however, and histori- 1 Roederer, " CEiivres Completes," ii., 560. (Conversations with General Lasalle in i8og, and l.asalle's judgment on the debuts of Napoleon). 2 Another instance of this commanding influence is found in the case of General Vanda- mme, an old revolutionary soldier still more brutal and energetic than Augereau. In 1815, Vandamme said to Marshal d'Ornano, one day, on ascending the staircase of the Tuileries together : " My dear fellow, that devil of a man (speaking of the Emperor) fascinates me in a way I cannot account for. I, who don't fear either God or the devil, when I approach him 1 tremble like a child. He would make me dash through the eye of a needle into the fire ! " (" Le General Vandamme." by du Casse, ii., 385). 3 Roederer, iii., 356. (Napoleon himself says, February 11, 1809): " I, military ! I am so, because I was born so ; it is my habit, my very existence. Wherever I have been I have always had command. I commanded at twenty-three, at the siege of Toulon ; I commanded at Paris in Vendemiaire ; I won over the soldiers in Italy the moment I presented myself. I was born for that." 1 6 THE MODERN R&GIME. BOOK I. cally it is a positive relationship. He is a descendant of the great Italians, the men of action of the year 1400, the military adventurers, usurpers, and founders of life-governments ; he inherits in direct affiliation their blood and inward organiza- tion, mental and moral.' A sprout has been transplanted from their forest, before the age of refinement, impoverishment, and decay, to a similar and remote nursery, vi^here the tragic and militant regime is permanently established ; the primitive germ is preserved there intact and transmitted from one gen- eration to another, renewed and invigorated by interbreeding. Finally, at the last stage of its growth, it springs out of the ground and develops magnificently, blooming the same as ever, and producing the same fruit as on the original stem ; modern cultivation and French gardening have pruned away but very few of its branches and blunted a few of its thorns : its original texture, inmost substance, and spontaneous devel- 1 Observe various traits of the same mental and moral structure among different members of the family. (Speaking of his brothers and sisters in the " Memorial " Napoleon says): " What family as numerous presents such a splendid combination ?" — " Memoires " (un- published), by M. X , fourteen manuscript volumes, vol. ii., 543. (This author, a young magistrate under Louis XVI., a high functionary under the Empire, an important political personage under the restoration and the July monarchy, is probably the best in- formed and most judicious of eye-witnesses during the first half of our century.) " Their vices and virtues surpass ordinary proportions and have a physiognomy of their own. But what especially distinguishes them is a stubborn will, and inflexible resolution. . . . All possessed the instinct of their greatness." They readily accepted " the highest positions; they even got to believing that their elevation was inevitable. . . . Nothing in the in- credible good fortune of Joseph astonished him; often in January, 1814, I heard him say over and over again that if his brother had not meddled with his affairs after the second entry into Madrid, he would still be on the throne of Spain. As to determined obstinacy we have only to refer to the resignation of Louis, the retirement of Lucien, and the resis- tances of Fesch ; they alone could stem the will of Napoleon and sometimes break a lance with him. — Passion, sensuality, the habit of considering themselves outside of rules, and self- confidence combined with talent, superabound among the women, as in the fifteenth cen- tury. Elisa, in Tuscany, had a vigorous brain, was high spirited and a genuine sovereign, notwithstanding the disorders of her private life, in which even appearances were not suffi- ciently maintained." Caroline at Naples, "without being more scrupulous than her sis- ters," better observed the proprieties ; none of the others so much resembled the Emperor ; "with her, all tastes succumbed to ambition "; it was she who advised and prevailed upon her husband, Murat, to desert Napoleon in 1824. As to Pauline, the most beautiful woman of her epoch, " no wife, since that of the Emperor Claude, surpassed her in the use she dared make of her charms ; nothing could stop her, not even a malady attributed to her dissipa- tion and for which we have so often seen her borne in a litter."— Jerome, " in spite of the uncommon boldness of his debaucheries, maintained his ascendancy over his wife to the last."— On the "pressing efforts and attempts" of Joseph on Maria Louise in 1814, M. X , after Savary's papers and the evidence of M. de Saint-Aignan, gives extraordinary details. (Vol. iv., 112.) I CHAP, I. NAPOLEON BONAPARTE. IJ opment have not chanajj/w. ■ilbid., iii., 460-473. Cf. on the same scene, " Memoires inedits de M. X ." (He was both witness and actor.) 4 An expression of Cambaceres. M. de Lavalette, ii., 154. CHAP. II. NAPOLEON BONAPARTE. 65 arrest him, if he alleges personal obligations, if he had rather not fail in delicacy, or even in common loyalty, he incurs the risk of offending or losing the favor of the master, which is the case with M. de Remusat,' who is unwilling to become his spy, reporter, and denunciator for the Faubourg Saint Germain, who does not offer, at Vienna, to pump out of Madame d'Andre the address of her husband so that M. d'Andre may be taken and immediately shot ; Savary, who was the negotiator for his being given up, kept constantly telling M.de Remusat, " You are going against your interest — I must say that I do not comprehend you ! " And yet Savary, himself minister of the police, executor of most important services, head manager of the murder of the Due d'Enghien and of the ambuscade at Bayonne, counterfeiter of Austrian bank- notes for the campaign of 1809 and of Russian banknotes for that of 1812,^ Savary ends in getting weary ; he is charged with too many dirty jobs ; however hardened his conscience it has a tender spot ; he discovers at last that he has scruples. It is with great repugnance that, in February, 18 14, he exe- cutes the order to have a small infernal machine prepared, moving by clock-work, so as to blow up the Bourbons on their return into France.' "Ah," said he, giving himself a blow on the forehead, "it must be admitted that the Emperor is sometimes hard to serve ! " If he exacts so much from the human creature, it is because, in playing the game he has to play, he must absorb every- thing; in the situation in which he has placed himself, caution is unnecessary. "Is a statesman," said he, "made to have feeling ? Is he not wholly an eccentric personage, always alone by himself, he on one side and the world on the other ? " * In this duel without truce or mercy, people interest him only as they are useful to him ; their value depends on what he 1 Madame de Remusat, iii., 1S4. 2 " Mcinoires iiiedits de M. X , iii., 320. Details of the manufacture of counter- feit money, by order of Savary, in an isolated building on the plain of Montrouge. — Metter- tiich, ii., 358. (Words of Napoleon to M. de Metternich) : " I had 300 millions of bank- notes of the Bank of Vienna all ready and was goinR to flood you with them." Ihid.^ Correspondence of M. de Metternich witli M. de Champagny on this subject (June, 1810). 3 " Memoires incdits de M. X , iv., 11. 4 Madame de Remusat, ii., 335. 66 THE MODERN REGIME. book i. can make out of them ; his sole business is to squeeze them, to extract to the last drop whatever is available in them. " I find very little satisfaction in useless sentiments," said he again/ "and Berthier is so mediocre that I do not know why I waste my time on him. And yet when I am not set against him, I am not sure that I do not like him." He goes no further. According to him, this indifference is necessary in a statesman. The glass he looks through is that of his own policy;^ he must take care that it does not magnify or diminish objects. — Therefore, outside of explosions of nervous sensibility, "he has no consideration for men other than that of a foreman for his workmen,"^ or, more precisely, for his tools ; once the tool is worn out, little does he care whether it rusts away in a corner or is cast aside on a heap of scrap-iron. " Portalis, Minister of Justice,* enters his room one day with a downcast look and his eyes filled with tears. * What's the matter with you, Portalis?' inquired Napoleon, 'are you ill?' * No, sire, but very wretched. The poor Archbishop of Tours, my old schoolmate — . . .' ' Eh, well, what has happened to him?' ' Alas, sire, he has just died.' ' What do I care? he was no longer good for anything.' " Owning and making the most of men and of things, of bodies and of souls, using and abusing them at discretion, even to exhaustion, without being responsible to any one, he reaches that point after a few years where he can say as glibly and more despotically than Louis XIV. himself, " My armies, my fleets, my cardinals, my coun- cils, my senate, my populations, my empire." ^ Addressing an 1 Madame de R6musat, i., 231. 2 Ibid., i., 335. 3 M. de Metternich. i., 284 . " One of those to whom he seemed the most attached was Duroc. ' He loves me the same as a dog loves his master,' is the phrase he made use of in speaking of him to me. He compared Berthier's sentiment for his person to that of a child's nurse. Far from being opposed to his theory of the motives influencing men these sentiments were its natural consequence ; whenever he came across sentiments to which he could not apply the theory of calculation based on cold interest, he sought the cause of it in a kind of instinct." 4 Beugnot. " Memoires," ii., 5g. 5 " Memorial." " If I had returned victorious from Moscow, I would have brought the Pope not to regret temporal power ; I would have converted him into an idol. ... I would have directed the religious world as well as the political world. . . . My councils would have represented Christianity, and the Pope would have only been president of them." CHAP. II. NAPOLEON BONAPARTE. 67 army corps about to rush into battle : " Soldiers, I need your lives, and you owe them to me." He says to General Dor- senne and to the grenadiers of the guard : ' " I hear that you complain that you want to return to Paris, to your mistresses. Undeceive yourselves. I shall keep you under arms until you are eighty. You were born to the bivouac, and you shall die there." — How he treats his brothers and relations who have become kings ; how he reins them in ; how he applies the spur and the whip and makes them trot and jump fences and ditches, may be found in his correspondence; every ten- dency to take the lead, even when justified by unforeseen urgency and the most evident good intention, is regarded as shying off, and is arrested with a brusque roughness which strains the loins and weakens the knees of the delinquent. The amiable Prince Eugene, so obedient and so loyal,^ is thus warned : " If you want orders or advice from His Majesty in the altera- tion of the ceiling of your room you should wait till you get them ; were Milan burning and you asked orders for putting out the fire, you should let Milan burn until you got them. . , His Majesty is displeased, and very much displeased, with you ; you must never attempt to do his work. Never does he like this, and he will never forgive it." This enables us to judge of his tone with subalterns. The French battalions are refused admission into certain places in Holland : ^ " Declare to the King of Holland, that if his ministers have acted on their own responsibility, I will have them arrested and all their heads cut off." — He says to M. de Segur, member of the Academy commission which had just accepted M. de Chateau- briand's discourse:^ "You, and M. de Fontaines, as state councillor and grand master, I ought to put in Vin- cennes. . . . Tell the second class of the Institute that I. will have no political subjects treated at its meetings. ... If it disobeys, I will break it up as a club nuisance." — Even 1 De S^gur, ii!., 312. (In Spain, i8oq.) 2 " Memoires du Prince Eugene." (Letters of Napoleon, August, 1806.) 3 Letter of Napoleon to Fouche, March 3, 1810. (Left out in the " Correspondance de Napoleon L," and published by M. Thiers in "Histoirc du Consulat et de I'Empire," xii., p. I IS-) 4 De Segur, iii., 459. 68 THE MODERN REGIME. book i. when not angry or scolding, when the claws are drawn in, one feels the clutch.' He says to Beugnot, whom he has just berated, scandalously and unjustly, — conscious of having done him injustice and with a view to produce an effect on the bystanders, — " Well, you great imbecile, you have got back your brains ? " On this, Beugnot, tall as a drum-major, bows very low, while the smaller man, raising his hand, seizes him by the ear, " a transporting mark of favor," says Beugnot, a sign of familiarity and of returning good humor. And better yet, the master deigns to lecture Beugnot on his personal tastes, on his regrets, on his wish to return to France. " What would I want to have? To be his minister in Paris? Judging by what he saw of me the other day I should not be there very long ; I should die of application before the end of the month. He has already killed Portalis, Cretet, and almost Treilhard, who, however, was tough ; he could no longer urmate, nor the others either. The same thing would have happened to me, if not worse. . . . Stay here .... after which you will be old, or rather we all shall be old, and I will send you to the Senate to drivel at your ease."^ Evidently, the nearer one is to his person the more disagreeable life becomes.^ "Ad- mirably served, promptly obeyed to the minute, he still delights in keeping everybody around him in terror concerning the details of all that goes on in his palace." Has any difficult task been accomplished ? He expresses no thanks, never or scarcely ever praises, and, which happens but once, in the case of M. de Champagny, Minister of Foreign Affairs, who is praised for having finished the treaty of Vienna in one night, and with unexpected advantages ; * this time, the Emperor has thought aloud, is taken by surprise ; "ordinarily, he manifests approbation only by his silence." — When M. de Remusat, pre- 1 Words of Napoleon to Marmont, who, after three months in the hospital, returns to him in Spain with a broken arm and his hand in a black sling: "You hold on to that rag then ? " Sainte-Beuve, who loves the truth as it really is, gives the crude text, which Mar- mont dared not reproduce. (Causeries du Lundi, vi., i6.) " Memoires inedits de M. X ": M. de Champagny having been dismissed and replaced, a courageous friend defended him and insisted on his merit; "You are right," said the Emperor, "he had some when I took him ; but by cramming him too full, I have made him stupid." 2 Beugnot, i., 456, 464. 3 Mme. de Remusat, ii., 272. 4 M. de Champagny, " Souvenirs," 117, CHAP. II. NAPOLEON BONAPARTE. 69 feet of the palace, has arranged " one of those magnificent fetes in which all the arts minister to his enjoyment," eco- nomically, correctly, with splendor and success, his wife never asks her hnsband ' if the Emperor is satisfied, but whether he has scolded more or less. " His leading general principle, which he applies in every way, in great things as well as in small ones, is that a man's zeal depends upon his anxiety." How insupportable the constraint he exercises, with what crushing weight his absolutism bears down on the most tried devotion and on the most pliable characters, with what excess he tramples on and wounds the best dispositions, up to what point he represses and stifles the respiration of the human being, he knows as well as anybody. He was heard to say, " The lucky man is he who hides away from me in the depths of some province." And, another day, having asked M. de Segur what people would say of him after his death, the latter enlarged ow the regrets which would be universally expressed. "Not at all," replied the Emperor; and then, drawing in his breath in a significant manner indicative of universal relief, he replied, "They'll say, 'Ou/.'"'^ IV. There are very few monarchs, even absolute, who persis- tently, and from morning to night, maintain a despotic attitude; generally, and especially in France, the sovereign makes two divisions of his time, one for business and the other for social duties, and, in the latter case, while always head of the State, he is also head of his house ; for he welcomes visitors, entertains his guests, and, that his guests may not be automatons, he tries to put them at their ease. — Such was the rule with Louis XIV. ^ — polite to everybody, always affable with men, and 1 Madame de R^miisat, i., 125. 2 De Sigur, iii., 456. 3 "The Ancient Regime," p. 125. — " Qiuvres de Louis XIV.," 191; "If there is any peculiar characteristic of this monarchy, it is the free and easy access of the subjects to the king ; it it an eg;alili' de justice between both, and which, so to say, maintains both in a genial and honest covipanionshifi, in spite of the almost infinite distance in birth, rank, and power. This agreeable society, which enables persons of the Court to associatt familiarly with us, impresses them and charms them more than one can tell." 70 THE MODERN REGIME. BOOK I. sometimes gracious, always courteous with women, and some- times gallant, carefully avoiding brusqueness, ostentation, and sarcasms, never allowing himself to use an offensive word, never making people feel their inferiority and dependence, but, on the contrary, encouraging them to express opinions, and even to converse, tolerating in conversation a semblance of equality, smiling at a repartee, playfully telling a story — such was his drawing-room constitution. The drawing-room as well as every human society needs one, and a liberal one : otherwise life dies out. Accordingly, the observance of this constitution in by-gone society is known by the phrase savoir- vivre, and, more rigidly than anybody else, Louis XIV. sub- mitted himself to this code of proprieties. Traditionally, and through education, he had consideration for others, at least for the people around him; his courtiers becoming his guests without ceasing to be his subjects. There is nothing of this sort with Napoleon. He preserves nothing of the etiquette he borrows from the old court but its rigid discipline and its pompous parade. " The ceremonial system," says an eye-witness, " was carried out as if it had been regulated by the tap of a drum ; everything was done, in a certain sense, 'double-quick." . . . This air of precipita- tion, this constant anxiety which it inspires," puts an end to all comfort, all ease, all entertainment, all agreeable inter- course ; there is no common bond but that of command and obedience. " The few individuals he singles out, Savary, Duroc, Maret, keep silent and simply transmit orders. . . . We did not appear to them, in doing what we were ordered to do, and we did not appear to ourselves, other than veritable machines, all resembling, or but little short of it, the elegant gilded arm-chairs with which the palaces of St. Cloud and the Tuileries had just been embellished." For a machine to work well it is important that the machin- ist should overhaul it frequently, which this one never fails to do, especially after a long absence. Whilst he is on his way from Tilsit, " everybody anxiously examines his conscience to ascertain what he has done that this rigid master will find 1 Madame de Remusat, ii., 32, 39. CHAP. II. NAPOLEON BONAPARTE. 71 fault with on his return. Whether spouse, family, or grand dig- nitary, each is more or less disturbed ; while the Empress, who knows him better than any one, naively says, ' As the Emperor is so fortunate it is certain that he will do a deal of scolding ! ' " ' In effect, he has scarcely arrived when he gives a rude and ■vigorous wrench of the bolt ; and then, " satisfied at having excited terror all around, he appears to have forgotten what has passed and resumes the usual tenor of his life." " Through calculation as well as from taste,^ he never relaxes in his roy- alty " ; hence, " a mute, frigid court .... more dismal than dignified ; every countenance wears an expression of uneasi- ness .... a silence both dull and constrained." At Fon- tainebleau, "amidst splendors and pleasures," there is no real enjoyment nor anything agreeable, not even for himself. " I pity you," sxiid M. de Talleyrand to M. de Remusat, " you have to amuse the unamusable." At the theatre he is abstracted or yawns. Applause is interdicted ; the court, sitting out "the file of eternal tragedies, is mortally bored .... the young ladies fall asleep, people leave the theatre, gloomy and ■discontented." — There is the same constraint in the drawing- room. *' He did not know how to appear at ease, and I believe that he never wanted anybody else to be so, afraid of •the slightest approach to familiarity, and inspiring each with a fear of saying something offensive to his neighbor before witnesses. . . . During the quadrille, he moves around amongst the rows of ladies, addressing them with some trifling or disa- greeable remark," and never does he accost them otherwise than " awkwardly and ill at his ease." At bottom, he distrusts them and is ill-disposed toward them.' It is because "the power they have acquired in society seems to him an intolera- ble usurpation." — " Never did he utter to a woman a graceful or even a well-turned compliment, although the effort to find one was often apparent on his face and in the tone of his voice. .... He talks to them only of their toilet, of which he de- clares himself a severe and minute judge, and on which he 1 Madame de Remusat, iii., 160. 2 Ibid.^ ii., 32, 223, 240, 259 ; iii., 169. 3 Ibid., i., 112; ii., 77. 72 THE MODERN REGIME. book i. indulges in not very delicate jests ; or again, on the number of their children, demanding of them in rude language whether they nurse them themselves ; or again, lecturing them on their social relations." ' Hence, " there is not one who does, not rejoice when he moves off." ^ He would often amuse him- self by putting them out of countenance, scandalizing and bantering them to their faces, driving them into a corner the same as a colonel worries his canteen women. " Yes, ladies, you furnish the good people of the Faubourg Saint Germain with something to talk about. It is said, Madame A ,that you are intimate with Monsieur B , and you Madame C with Monsieur D ." On any intrigue chancing to appear in the police reports, " he loses no time in informing the hus- band of what is going on." He is no less indiscreet in rela- tion to his own freaks ; ' when the affair is over he divulges the fact and gives the name ; furthermore, he informs Jose- phine of its details and will not listen to any reproach : " I have a right to answer all your objections with an eternal fiwi ! This term, indeed, answers to everything, and he explains it by adding : " I stand apart from other men. I accept no- body's conditions," nor any species of obligation, no code whatever, not even the common code of outward civility, which, diminishing or dissimulating primitive brutality, allows men to associate together without clashing. He does not com- prehend It, and he repudiates it. "I have little liking,"' he says, " for that vague, leveling word politeness {convenances)^ which you people fling out every chance you get. It is an invention of fools who want to pass for clever men ; a kind of 1 ^T. de Metternich, i., 286. — " It would be difficult to imagine any greater awkwardness- than that of Napoleon in a drawing-room. — Varnhagen von Ense, " Ausgew.ihlte Schrif- ten," iii., 177. (Audience of July to, 1810) : "I never heard a harsher voice, one so inflex- ible. When he smiled, it was only with the mouth and a portion of the cheeks ; the brow and eyes remained immovably sombre. . . . This compound of a smile with seriousness had in it something terrible and frightful."— On one occasion, at St. Cloud, Varnhagen heard, him exclaim over and over again, twenty times, before a group of ladies, " How hot ! " 2 Mme. de Remusat, ii., 77, 169. — Thibaudeau, " Memoires sur le Consulat,'" p. 18: " He sometimes pays them left-handed compliments on their toilet or adventures, which was his way of censuring morals." 3 Madame de Remusat, i., 114, 122, 206 ; ii., 110, 112. 4 Ibid., i., 277. CHAP. II. NAPOLEON BONAPARTE. 73 social muzzle which annoys the strong and is useful only to the mediocre. . . . Ah, good taste ! Another classic expres- sion which I do not accept." " It is your personal enemy "; says Talleyrand to him, one day, " if you could have shot it away with bullets, it would have disappeared long ago ! " — It is because good taste is the highest attainment of civilization, the innermost vestment which drapes human nudity, which best fits the person, the last garment retained after the others have been cast off, and which delicate tissue continues to ham- per Napoleon ; he throws it off instinctively, because it inter- feres with his natural gesticulation, with the uncurbed, domi- nating, savage ways of the vanquisher who knocks down his adversary and treats him as he pleases. V. Ways of this kind render society impossible, especially among the independent and armed personages known as nations or States; hence, in politics and in diplomacy, they are interdicted; every head of a State or representative of a coun- try, carefully and on principle, abstains from them, at least with his compeers. He is bound to treat these as his equals, humor their susceptibilities, and, accordingly, not to give way to the irritation of the moment or to personal feeling ; in short, to exercise self-control and measure his words. To this is due the tone of manifestos, protocols, despatches, and other public documents, the formal language of legations, so cold, dry, and elaborated, those expressions purposely attenuated and smoothed down, those long phrases apparently spun out mechanically and always after the same pattern, a sort of soft wadding or international buffer interposed between contes- tants to lessen the shocks of collision. The reciprocal irrita- tions between States are already too great ; there are ever too many unavoidable and regrettable encounters, too many causes of conflict, the consequences of which are too serious; it is unnecessary to add to the wounds of interest the wounds of imagination and of amour-propre ; and above all, it is unnec- essary to add to these gratuitously, at the risk of increasing 74 THE MODERN REGIME. book i. the resistances of to-day and the resentments of to-morrow. — Just the reverse with Napoleon. His attitude, even at pacific interviews, remains aggressive and militant ; purposely or in- voluntarily, he raises his hand and the blow is felt to be coming, while, in the mean time, he insults. In his corre- spondence with sovereigns, in his official proclamations, in his deliberations with ambassadors, and even at public, audiences,* he provokes, threatens, and defies ;2 he treats his adversary with a lofty air, insults him often to his face, and charges him with the most disgraceful imputations ; * he divulges the secrets of his life in private, of his closet, and of his bed ; he defames or calumniates his ministers, his- court, and his wife ; * he purposely stabs him in the most 1 "Hansard's Parliamentary History," vol. xxxvi., p. 310. Lord Whitworth's despatch to Lord Hawkesbury, March 14. 1803, and account of the scene with Napoleon. " All this took place loud enough for the two hundred persons present to hear it."— Lord Whitworth (despatch of March 17) complains of this to Talleyrand and informs him that he shall discontinue his visits to the Tuileries unless he is assured that similar scenes shall not occur again.— Lord Hawkesbury approves of this (despatch of March 27), and de- clares that the proceeding is improper and offensive to the King of England.— Similar scenes, the same conceit and intemperate language, with M. de Metternich, at Paris, in 1809, also at Dresden, in 1813: again with Prince Korsakof, at Paris, in 1812 ; with Mde. Calachof, at Wilna, in 1812, and with Prince Cardito, at Milan, in 1805. 2 Before the rupture of the peace of Amiens (" Moniteur," Aug. 8, 1802) : The French government is now more firmly established than the English government."— (" Moniteur" Sept. 10, 1802) : "What a difference between a people which conquers for love of glory and a people of traders who happen to become conquerors !"—(" Moniteur," Feb. 20, 1803) : " The government declares with a just pride that England cannot now contend against France."— Campaign of 1805, gth bulletin, words of Napoleon in the presence of Mack's staff : " I recommend my brother the Emperor of Germany to make peace as- quick as he can ! Now is the time to remember that all empires come to an end ; the idea that an end might come to the house of Lorraine ought to alarm him."— Letter to the Queen of Naples, January 2, 1805 : " Let your Majesty listen to what I predict. On the first war breaking out, of which she might be the cause, she and her children will have ceased to reign ; her children would go wandering about among the different countries of Europe begging help from their relations." 3 37th bulletin, announcing the march of an army on Naples " to punish the Queen's treachery and cast from the throne that criminal woman, who, with such shamelessness, has violated all that men hold sacred."— Proclamation of May 13, 1809: " Vienna, which the princes of the house of Lorraine have abandoned, not as honorable soldiers yielding to circumstances and the chances of war, but as perjurers pursued by remorse. ... In flying from Vienna their adieus to its inhabitants consisted of murder and fire. Like Medea, they have sacrificed their children with their own hands."— 13th bulletin : "The rage of the house of Lorraine against the city of Vienna." 4 Letter to the King of Spain, Sept. 18. 1803, and a note to the Spanish minister of foreign affairs, on the Prince de la Paix : " This favorite, who has succeeded by the most criminal ways to a degree unheard of in the annals of history. . . . Let Your Majesty put away a man who, maintaining in his rank the low passions of his character, has lived CHAP. II. NAPOLEON BONAPARTE. 75 sensitive part ; he tells one that he is a dupe, a betrayed hus- band ; another that he is an abettor of assassination ; he assumes the air of a judge condemning a criminal, or the tone of a superior reprimanding an inferior, or, at best, that of a teacher taking a scholar to task. With a smile of pity, he points out mistakes, weak points, and incapacity, and shows him before- hand that he must be defeated. On receiving the envoy of the Emperor Alexander at Wilna,' he says to him : " Russia does not want this war ; none of the European powers are in favor of it ; England herself does not want it, for she foresees the harm it will do to Russia, and even, perhaps, the greatest. ... I know as well as yourself, and perhaps even better, how many troops you have. Your infantry in all amounts to 120,000 men and your cavalry to about 60,000 or 70,000 ; I have three times as many. . . . The Emperor Alexander is badly advised. How can he tolerate such vile people around him — an Armfeld, an intriguing, depraved, rascally fellow, a ruined debauchee, who is known only by his crimes and who is the enemy of Russia ; a Stein, driven from his country like an outcast, a miscreant with a price on his head ; a Bennigsen, who, it is said, has some military talent, of which I know nothing, but whose hands are steeped in blood ?^ .... Let him surround himself with the Russians and I will say nothing. . . . Have you no Russian gentlemen among you who are certainly more attached to him than these mercenaries? Does he imagine that they are fond of him personally? Let him put Armfeld in com- mand in Finland and I have nothing to say ; but to have him about his person, for shame ! .... What a superb perspective opened out to the Emperor Alexander at Tilsit, and especially at Erfurt ! . . . . He has spoilt the finest reign Russia ever saw. . . . How can he admit to his society such men as a Stein, wholly on his vices." — After the battle of Jena, 9th, 17th, i8th, and igth bulletins, com- parison of the Queen of Prussia with Lady Hamilton, open and repealed insinuations, imputing to her an intrigue with the Kmperor Alexander. " Everybody admits that the Queen of Prussia is the author of the evils the Prussian nation suffers. This is heard everywhere. How changed she is since that fatal interview with the Emperor Alexander! .... The portrait of the Emperor Alexander, presented to her by the Prince, was found in the apartment of the Queen at Potsdam." 1 " La Guerre patriotique " (1812-1815), according to the letters of contemporaries, by L)oubravine Cin Russian). The Report of the Russian envoy, M. de Balachof, is in French» 2 An allusion to the murder of Paul L 76 ' THE MODERN REGIME. book I. an Armfeld, a Vinzingerode ? Say to the Emperor Alexander, that as he gathers around him my personal enemies it means a desire to insult me personally, and, consequently, that I must do the same to him. I will drive all his Baden, Wurtemburg, and Weimar relations out of Germany. Let him provide a refuge for them in Russia ! " Note what he means by persotial insult, ' how he intends to avenge himself by reprisals of the worst kind, to what excess he carries his interference, how he enters the cabinets of foreign sovereigns, forcibly and burglariously, to drive out their councillors and control their meetings, the same as the Roman senate with an Antiochus or a Prusias, or the same as an English Resident with the King of Oude or of Lahore. With others as at home, he cannot abstain from acting as master. " The aspiration for universal dominion is in his very nature ; it may be modified, kept in check, but never can it be completely stifled."^ It declares itself on the organization of the Consulate. It explains why the peace of Amiens could not last ; apart from the diplomatic discussions and behind his alleged grievances, his character, his exactions, his avowed plans, and the use he intends making of his forces form the real and true causes of the rupture. He tells the English, in the main, and sometimes expressly : Expel the Bourbons from your island and shut the mouths of your journalists. If this is againstyour constitution so much the worse for it, or so much the worse for you ; " there are general principles of international law to which the (special) laws of states must give way." ^ Change your fundamental laws. Suppress the freedom of the press and the right of asy- lum on your soil, the same as I have done. " I have a very 1 Stanislas de Girardin, " Memoires," iii., 249. (Reception of Nivose 12, year x.) The First Consul addresses the Senate; " Citizens, I warn you that I regard the nomination of Daunou to the senate as a personal insult, and you know that I have never put up with one." — "Correspondance de Napoleon I." (Letter of ?-ept. 23, 1809, to M. de Champagny): " The Emperor Francis insulted me in writing to me that I cede nothing to him, when, out of consideration for him, I have reduced my demands nearly one-half." (Instead of 2,750,000 Austrian subjects he demanded only 1,600,000.) — Roederer, iii., 377. (Jan. 24, 1801): "The French people must put up with my defects if they find I am of service to them; it is my fault that I cannot endure insults." 2 M. de Metternich, ii., 378. (Letter to the Emperor of Austria, July 28, 1810.) 3 Note presented by the French ambassador, Otto, Aug. 17, 1802. CHAP. II. NAPOLEON BONAPARTE. 77 poor opinion of a government which is not strong enough to interdict things objectionable to foreign governments." ^ As to mine, my interference with my neighbors, my late acquisitions of territory, that does not concern you : " I suppose that you wait to talk about Piedmont and Switzerland? These are irifles."^ " Europe recognizes that Holland, Italy, and Switz- erland are at the disposition of France.* On the other hand, Spain submits to me and through her I hold Portugal. Thus, from Amsterdam to Bordeaux, from Lisbon to Cadiz and Genoa, from Leghorn to Naples and to Tarentum, I can close every port to you : no treaty of commerce between us. Any treaty that I might grant to you would be ridiculous ; for each million of merchandise that you would send into France a million of French merchandise would be exported ; ■* in other words, you would be subject to an open or concealed conti- nental blockade, which would cause you as much distress in peace as if you were at war." Meanwhile, my eyes are fixed on Egypt; "six thousand Frenchmen would now suffice to reconquer it"; ^ forcibly, or otherwise, I shall return there; opportunities will not be lacking, and I shall be on the watch for them ; " sooner or later she will belong to France, either through the dissolution of the Ottoman empire, or through some 1 Stanislas Girardin, iii., 296. (Words of the First Consul, Floreal 24. year xi.) : " I had proposed to the British minister, for several months, to make an arrangement by which a law should be passed in France and in England prohibiting newspapers and the members of the government from expressing either good or ill of foreign governments. He never would consent to it."— St. Girardin: "He could not."— Bonaparte : " Why ? "— St. Girardin: " Because an agreement of that sort would have been opposed to the fundamental law of the country." Bonaparte : " I have a poor opinion," etc. 2 Hansard, vol. xxxvi.,p. 1298. (Despatch of Lord Whitworth, Feb. 21, 1803, conversation with the First Consul at the Tuileries.)— Seeley. "'A Short History of Napoleon the First." " TiiHes " is a softened expression, Lord Whitworth adds in a parenthesis which has never been printed ; " the expression he made use of is too insignificant and too low to have a place in a despatch or anywhere else, save in the mouth of a hack-driver." 3 Lanfrey, " Histoire de Napoleon," ii., 482. (.Words of the First Consul to the Swiss dele- gates, conference of January 29, 1803.) 4 Sir Neil Campbell, " Napoleon at Fontainebleau and Elba," p. 201. (The words of Napoleon to Sir Neil Campbell and to the other commissioners.) — The M(Smorial de Sainte- Hclenc mentions the same plan in almost identical terms. — Pelet de la Lozere, " Opinions de Napoleon au conseil d'etat," p. 238 (session of March 4, 1806): " Within forty-eight hours after peace with England, I shall interdict foreign commodities and promulgate a navigation act forbidding any other than French vessels entering our ports, built of French timber, and with the crews two-thirds French. Even coal and English 'milords' shall land only under the French flag." — //"' ote to (Jtto, October 23, 1S02.) — Thiers, iv., 249. 4 Letter to Clarke, Minister of War, Jan. 18, 1814. " If, at Leipsic, I had had 30000 cannon balls to fire off on the evening of the i8th, I should to-day be master of the world." 5 " Memorial," Nov. 30, 1815. CHAP. II. NAPOLEON BONAPARTE. 79 that his means divert him from the end. In vain is it repeatedly represented to him that he needs one sure great ally on the Continent ; ^ that to obtain this he must conciliate Austria ; that he must not drive her to despair, but rather win her over and compensate her on the side of the Orient ; place her in permanent conflict with Russia, and attach her to the new French Empire by a community of vital interests. In vain does he, after Tilsit, make a bargain of this kind with Russia. This bargain cannot hold, because in this arrangement Napo- leon, as usual with him, always encroaching, threatening, and attacking, wants to reduce Alexander to the role of a subordi- nate and a dupe.^ No clear-sighted witness can doubt this. In 1809, a diplomat writes : " The French system, which is now triumphant, is directed against the whole body of great states," ^ not alone against England, Prussia, and Austria, but against Russia, against every power capable of maintaining its independence ; for, if she remains independent, she may become hostile, and as a precautionary step Napoleon crushes in her a probable enemy. All the more so because this course once entered upon he cannot stop ; at the same time his character and the situation in which he has placed himself impels him on while his past hurries him along to his future.* — At the moment of the rupture of the treaty of Amiens he is already so strong and so aggres- sive that his neighbors are obliged, for their own security, to 1 Lanfrey, iii., 339, 399. Letters of Talleyrand, October 11 and 27, 1805, and memorial addressed to Napoleon. 2 At the council held in relation to the future marriage of Napoleon. Cambaceres vainly sup- ported an alliance with the Russians. The following week, he says to M. X : " When one has only one good reason to give and it cannot possibly be given, it is natural that one should be beaten. . . . Vou will see that it is so good that one phrase sufTiccs to make its force fully understood. / am vwral/y certain that in two years we shall haTC a war with the power 0/ which the Emperor does not espouse the daughter. Now a war with Austria does not cause me any uneasiness, and I tremble at a war with Russia. The consequences are incalculable." (" Mcmoires," manuscript, of M. X , ii., 463.) 3 M. de Metternich, ii., 305. (Letter to the Emperor of Austria, Aug. 10, 1809.) — Ibid., 403. (Letter of Jan. 11, /8ii.) "My appreciation of Napoleon's plans and projects, at bottom, has never varied. The monstrous purpose of the complete subjection of the con- tinent under one head was, and is still, his object." 4 " Correspondance de Napoleon L" (Letter to the King of Wurtemberg, April 2, 1814): "The war will take place in spite of him (the Emperor Alexander), in spite of me, in spite of the interests of 1'" ranee and those of Russia. Having already seen this so often, it is my past experience whicii enables mc tn unveil tic future." 8o THE MODERN REGIME. book i. form an alliance with England ; this leads him to break down all the old monarchies that are still intact, to conquer Naples, to mutilate Austria the first time, to dismember and cut up Prussia, to mutilate Austria the second time, to manufacture kingdoms for his brothers at Naples, in Holland and in Westphalia. — At this same date, all the ports of his empire are closed against the English, which leads him to close against them all the ports of the Continent, to organize against them the continental blockade, to proclaim against them an European crusade, to prevent the neutrality of sovereigns like the Pope, of lukewarm subalterns like his brother Louis, of doubtful collaborators or inadequate, like the Braganzas of Portugal and the Bourbons of Spain, and therefore to get hold of Portugal, Spain, the Pontifical States, and Holland, and next of the Hanseatic towns and the duchy of Oldenburg, to extending along the entire coast, from the mouths of the Cattaro and Trieste to Hamburg and Dantzic, his cordon of military chiefs, prefects, and custom- houses, a sort of net of which he draws the meshes tighter and tighter every day, even stifling not alone his home consumer, but the producer and the merchant.* — And all this some- times by a simple decree, with no other alleged motive than his interest, his convenience, or his pleasure," brusquely and arbitrarily, and with violations of international law, hu- manity, and hospitality, with what abuses of power, by what a tissue of brutalities and knaveries,^ with what oppression of the 1 Mollien, iii., 135, 190. — In 1810 "prices have increased 400 percent, on sugar, and 100 per cent, on cotton and dye stuffs." — "More than 20,000 custom-house officers were em- ployed on the frontier against more than 100,000 smugglers, in constant activity and favored by the population." — "Memoires," unpublished, of M. X , iii., 284. — There were licenses for importing colonial products, but on condition of exporting a proportionate quantity of French manufactures ; now, England refused to receive them. Consequently, " not being allowed to bring these articles back to France, they were thrown overboard."— " They be- gan at first by devoting the refuse of manufactures to this trade, and then ended by manu- facturing articles without other destination ; for example, at Lyons, taffetas and satins." 2 Proclamation of Dec. 27, 1805 : " The Naples dynasty has ceased to reign. Its exis- tence is incompatible with the repose of Europe and the honor of my crown." — Message to the Senate, r)ec. 10, 1810: "Fresh guarantees having become necessary, the annexa- tion to the Empire of the mouths of the Escaut, the Meuse, the Rhine, the Ems, the Weser, and the Elbe, seemed to me to be \h^ first and most important. . . . The annexa- tion of the Valais is an anticipated result of the vast works I have undertaken for the past ten years in that section of the Alps." 3 We are familiar with the Spanish affair. His treatment of Portugal is anterior and of the same order. — " Correspondance." (Letter to Junot, Oct. 31, 1807) : " I have already CHAP. II. NAPOLEON BONAPARTE. 8l ally and despoiling of the vanquished, by what military brigan- dage exercised over populations in time of war, by what sys- tematic exactions practiced on them in times of peace,^ it would take volumes to describe. Accordingly, after 1808, these populations rise against him. He has so deeply injured them in their interests, and hurt their feelings to such an extent.^he has so trodden them down, ransomed, and forced them into his service, he has destroyed, informed you, that in authorizing you to enter as an auxiliary, it was to enable you to pos- sess yourself of the (Portuguese) fleet, but my mind was made up to take Portugal." — (Letter to Junot, V)^c. 23, 1807) : " Disarm the country. Send all the Portuguese troops to France. ... I want them out of the country. Have all princes, ministers, and other men who serve as rallying points, sent to France." — (Decree of Dec. 23, 1807) : " An extra contribution of 100 million francs shall be imposed on the kingdom of Portugal, to redeem all property., 0/ ivliatever denotninatioHy belongittg to pri7iaie parties. . . . All property belonging to the Queen of Portugal, to the prince-regent, and to princes in appanage ; . . . all the possessions of the nobles who have followed the king, on his abandoning the country, and who had not returned to the kingdom before February i, shall be put under seques- tration." — Cf. M. d'Haussonville. " L'iSglise Romaine et le premier Empire," 5 vols, (espec- ially the last volume). No other work enables one to see into Napoleon's object and pro- ceedings better nor more closely. 1 " Souvenirs du feu due de Broglie," p. 143. (.'\s a specimen of steps taken in time of war, see the register of Marshal Bessieres's orders, commandant at Valladolid from April 11 to July 15, 181 1.) — " Correspondance du Roi Jerome," letter of Jerome to Napoleon, Dec. 5, 181 1. (Showing the situation of a vanquished people in limes of peace): "If war should break out, all countries between the Rhine and the Oder will become the centre of a vast and active insurrection. The mighty cause of this dangerous movement is not merely hatred of the French, and impatience of a foreign yoke, but rather in the m sfortunes of the day, in the total ruin 0/ all classes, in over-taxation, consisting of war levies, the main- tenance of troops, soldiers traversing the country, and every sort of constantly renewed vexation. ... At Hanover, Magdebourg, and in the principal towns of my kingdom, owners 0/ property are abandoning their dwellings and vainly trying to dispose o_f them at the lowest prices. . . . Misery everywhere presses on families ; capital is ex- hausted ; the noble, the peasant^ the bourgeois, are crushed with debt and want. . . . The despair 0/ populations no longer having a nyth i)ig to lose, because all has been taken aivay, is to be /eared." — De Pradt, p. 73. (Specimen of military proceedings in allied countries.) At VVolburch, in the Bishop of Cujavie's chateau, " I found his secretary, canon of Cujavie, decorated wilh the ribbon and cross of his order, who showed me his jaw, broken by the vigorous blows administered to him the previous evening by (icneral Count Vandamme, because he had refused to serve Tokay wine, imperiously demanded by the general ; he w.is told that the King of Westphalia had lodged in the castle the day before, and had carted away all this wine." 2 Fiev^e, " Correspondance et relations avec Bonaparte, de 1802 i 1813," iii., 82. (Dec. i8ii), (On the populations annexed or conquered) : "There is no hesitation in depriving them of their patrimony, their language, their legislatures, in disturbing all their habits, and that without any warrant but throwing a bulletin des his at their heads (inapplic- able). . . . How could they be expected to recognize this, or even become resigned to it ? ... Is it possible not to feel that one no longer has a country, that one is under con- straint, wounded in feeling and humiliated ? . . . Prussia, and a large part of (Jcrmany, has been so impoverished that there is more to gain by taking a pitchfork to kill a man than to stir up a pile of manure." 82 THE MODERN REGIME. book i. apart from French lives, so many Spanish, Itahan, Austrian, Prussian, Swiss, Bavarian, Saxon, and Dutch lives, he has slain so many men as enemies, he has enlisted such numbers at home, and slain so many under his own banners as auxili- aries, that nations are still more hostile to him than sovereigns Unquestionably, with such a character nobody can live ; his genius is too vast, too baneful, and all the more because it is so vast. War will last as long as he reigns ; it is in vain to reduce him, to confine him at home, to drive him back within the ancient frontiers of France ; no barrier will restrain him; no treaty will bind him ; peace with him will never be other than a truce ; he will use it simply to recover himself, and, as soon as he has done this, he will begin again ; ^ he is in his very essence anti-social. The mind of Europe in this respect is made up definitely and unshakably. One petty detail alone shows how unanimous and profound this conviction was. On the 7th of March the news reached Vienna that he had escaped from the island of Elba, without its being yet known where he would land. M. de Metternich 2 brings the news to the Em- peror of Austria before eight o'clock in the morning, who says to him, " Lose no time in finding the King of Prussia and the Emperor of Russia, and tell them that I am ready to order my army to march at once for France." At a quarter past eight M. de Metternich is with the Czar, and at half-past eight, with the King of Prussia ; both of them reply instantly in the same manner. " At nine o'clock," says M. de Metter- nich, " I was back. At ten o'clock aids flew in every direc- tion countermanding army orders. . . . Thus was war de- clared in less than an hour." VI. Other heads of states have thus passed their lives in doing violence to mankind ; but it was for something that was likely 1 " Correspondance," letter to King Joseph, Feb. i8, 1814. " If I had signed the treaty reducing France to its ancient limits, I should have gone to war two years after — Mar- mont, v., 133 (1813) : " Napoleon, in the last years of his reign, always preferred to lose all than yield anything." 2 M. de Metternich, ii., 205. CHAP. II. NAPOLEON BONAPARTE. 83 to last, and for a national interest. What they deemed the public good was not a phantom of the brain, a chimerical poem due to a caprice of the imagination, to personal passions, to their own peculiar ambition and pride. Outside of themselves and the coinage of their brain a real and substantial object of prime importance existed, namely, the State, the great body of society, the vast organism which lasts indefinitely through the long series of interlinked and responsible generations. If they drew blood from the passing generation it was for the benefit of coming generations, to preserve them from civil war or from foreign domination.' They have acted generally like able surgeons, if not through virtue, at least through dynastic sentiment and family traditions ; having practiced from father to son, they had acquired the professional conscience ; their first and only aim was the safety and health of their patient. It is for this reason that they have not recklessly undertaken extravagant, bloody, and over-risky operations ; rarely have they given way to temptation through a desire to display their skill, through the need of dazzling and astonishing the world, through the novelty, keenness, and success of their saws and scalpels. They felt that a longer and superior existence to their own was imposed upon them ; they looked beyond them- selves as far as their sight would reach, and so took measures that the State after them might do without them, live on intact, remain independent, vigorous, and respected athwart the vicissitudes of European conflict and the uncertain prob- lems of coining history. Such, under the ancient regime, was what were called reasons of state ; these had prevailed in the councils of princes for eight hundred years ; along with una- voidable failures and after temporary deviations, these had become for the time being and remained the preponderating motive. Undoubtedly they excused or authorized many breaches of faitii, many outrages, and, to come to the word, many crimes ; but, in the political order of things, especially in the management of external affairs, they furnished a gov- I Words of Richelieu on his dcath-bcd : " I'ehold my judge," said he, pointing to the Host, " the judge who will soon pronounce his verdict. I pray that he will condemn me, if, during my ministry, I have proposed to myself aught else than the good of religion and of the State." 84 THE MODERN REGIME. book i. erning and a salutary principle. Under its constant influence thirty monarchs had labored, and it is thus that, province after province, they had solidly and enduringly built up France, by ways and means beyond the reach of individuals but available to the heads of States. Now, this principle is lacking with their improvised succes- sor. On the throne as in the camp, whether general, consul, or emperor, he remains the military adventurer, and cares only for his own advancement. Owing to the great defect in the education of both conscience and sentiments, instead of subor- dinating himself to the State, he subordinates the State to him ; he does not look beyond his own brief physical existence to the nation which is to survive him ; consequently, he sacri- fices the future to the present, and his work is not to be endur- ing. After him the deluge ! Little does he care who utters this terrible phrase ; and worse still, he earnestly wishes, from the bottom of his heart that everybody should utter it. " My brother," said Joseph, in 1803,' " desires that the necessity of his existence should be so strongly felt, and the benefit of this considered so great, that nobody could look beyond it without shuddering." He knows, and he feels it, that he reigns through this idea rather than through force or gratitude. If to-morrow, or on any day, it could be said, ' Here is a tran- quil, established order of things, here is a known successor; Bonaparte might die without fear of change or disturbance,* my brother would no longer think himself secure. . . . Such is the principle which governs him." In vain do years glide by — never does he think of putting France in a way to subsist without him ; on the contrary, he jeopardizes lasting acquisi- tions by exaggerated annexations, and it is evident from the very first day that the Empire will end with the Emperor. In 1805, tlie five per cents being at eighty, his Minister of the Fmances, Gaudin, observes to him that this is a reasonable rate.^ " No complaint can now be made, since these funds are an annuity on Your Majesty's life." "What do you mean by that? " " I mean that the Empire has become so great as to I Miot de Melito, " Memoires," ii., 48, 152. a " Souvenirs," by Gaudin, due de Gaete Cad vol. of the " Memoires," p. 67). CHAi'. II. NAPOLEON BONAPARTE. 85 be ungovernable without you." " If my successor is a fool so much the worse for him ! " " Yes, but so much the worse for France ! " Two years later, M. de Metternich, by way of a political summing up, expresses his general opinion: "It is remarkable that Napoleon, constantly disturbing and modify- ing the relations of all Europe, has not yet taken a single step toward ensuring the maintenance of his successors." ' In 1809, adds the same diplomat :- " His death will be the signal for a new and frightful upheaval ; so many divided elements all tend to combine. Deposed sovereigns will be recalled by former subjects ; new princes will have new crowns to defend. A veritable civil war will rage for half a century over the vast empire of the continent the day when the iron arms shall be turned into dust." In 1811, "everybody is convinced' that on the disappearance of Napoleon, the master in whose hands all power is concentrated, the first inevitable consequence will be a revolution." At home, in France, at this same date, his own servitors begin to comprehend that his empire is not merely a life-interest and will not last after he is gone, but that the Empire is ephemeral and will not last during his life ; for he is constantly raising his edifice higher and higher, while all that his building gains in elevation it loses in stability. "The Emperor is crazy," said Decres to Marmont/ " com- pletely crazy. He will ruin us all, numerous as we are, and all will end in some frightful catastrophe." In effect, he is push- ing France on to the abyss, forcibly and by deceiving her, 1 M. de Metternich, ii., 120. (Letter to Stadion, July 26, 1807.) 2 Ibid., ii., 291. (Letter of April ii, 1809.) 3 Ibid., ii., 400. (Letter of Jan. 17, i8ii.) In lucid moments, Napoleon takes the same view. Cf Pelet de la Lozere, " Opinions de Napoleon au conseil d'etat," p. 15: "That will last as long as I do. After me, however, my son will deem himself fortunate if he has 40,000 francs a year."— (Do Scgur, " Histoire et Mcmoires," iii., 155) : " How often at this time(i8rv) was he heard to foretell that the weight of his empire would crush his heir ! " " Poor child," said he, regarding the King of Rome, " what an entanglement I shall leave to you ! " From the heginning he frequently passed judgment on himself and foresaw the effect of his action in history. " On reaching the isle of Poplars, the First Consul stopped at Rousseau's grave, and said : ' It would have been better for the repose of France, if that man had never existed.' ' And why, citizen Consul ?' 'He is the man who made the French revolution.' ' It seems to me that you need not complain of the French revolu- tion ! ' 'Well, the future must decide whether it would not have been better for the repose of the whole world if neither myself nor Rousseau had ever lived.' He then resumed his promenade in a revery." 4 Marmont, " Mcmoires," iii., 337. (On returning from Wagram.~) 86 THE MODERN R&GIME. book i. through a breach of trust which willfully, and by his fault, grows worse and worse just as his own interests, as he com- prehends these, diverge from those of the public from year to year. At the treaty of Luneville and before the rupture of the peace of Amiens,' this variance was already considerable. It becomes manifest at the treaty of Presbourg and still more evident at the treaty of Tilsit. It is glaring in 1808, after the deposition of the Spanish Bourbons ; it becomes scandalous and monstrous in 181 2, when the war with Russia took place. Napoleon himself admits that this war is against the interests of France and yet he undertakes it.'* Later, at St. Helena, he falls into a melting mood over " the French people whom he loved so dearly." ' The truth is, he loves it as a rider loves his horse ; as he makes it rear and prance and show off its paces, when he flatters and caresses it ; it is not for the ad- vantage of the animal but for his own purposes, on account of its usefulness to him ; to be spurred on until exhausted, to jump ditches growing wider and wider, and leap fences growing higher and higher ; one ditch more, and still another fence, the last obstacle which seems to be the last, succeeded by others, while, in any event, the horse remains forcibly and for- ever, what it already is, namely, a beast of burden and broken down. — For, on this Russian expedition, instead of frightful disasters, suppose a brilliant success, a victory at Smolensk equal to that of Friedland, a treaty of Moscow more advan- tageous than that of Tilsit, the Czar put down, and see what follows, — the Czar probably strangled or dethroned, a patri- otic insurrection in Russia as in Spain, two lasting wars, at the two extremities of the Continent, against religious fanaticism, more irreconcilable than positive interests, and against a scat- tered barbarism more indomitable than a concentrated civili- zation ; at best, a European empire secretly mined by Euro- 1 On this Initial discord, cf. Annand Lefevre, " Histoire des Cabinets de I'Europe," vol. iv. 2 " Correspondance de Napoleon I." (Letter to the King of Wurtemberg, April 2, 1811.) 3 Testament of April 25, 1821 : " It is my desire that my remains rest on the banks of the Seine, amidst that French people I have so dearly loved." CHAP. II. NAPOLEON BONAPARTE. 87 pean resistance ; an exterior France forcibly superposed on the enslaved Continent ; ' French residents and commanders at St. Petersburg and Riga as at Dantzic, Hamburg, Amsterdam, Lisbon, Barcelona, and Trieste ; every able-bodied Frenchman that can be employed from Cadiz to Moscow in maintaining and administering the conquest all the able-bodied youth annually seized by the conscription, and, if they have escaped this, recaught by decrees ; ^ the entire male population de- voted to vi^orks of constraint, nothing else in prospect for either the cultivated or the uncultivated, no military or civil career other than a prolonged faction, threatened and threat- ening, as soldier, customs-inspector, or gendarme, as prefect^* sub-prefect, or commissioner of police, that is to say, as sub- altern myrmidons and petty tyrants for restraining subjects and raising contributions, confiscating and burning merchan- dise, seizing grumblers, and making the refractory toe the mark.' In 1810, one hundred and sixty thousand of the 1 " Correspondance de Napoleon I.," xxii., 119. (Note by Napoleon, April, 1811.) "There will always be at Hamburg, Bremen, and Lubeck from 8000 to 10,000 Frenchmen, «ither as employees or as gendarmes, in the custom-houses and warehouses-" 2 " Memoires," unpublished, by M. X , iii., 571, and following pages : " During the year 1813, from Jan. 11 to Oct. 7, 840,000 men had already been drafted from imperial France and they had to be furnished."— Other decrees in December, placing at the dis- position of the government 300 000 conscripts for the years 1806 to 1814 inclusive.— Another decree in November organizing 140,000 men of the national guard in cohorts, intended for the defence of strongholds. — In all, 1,300,000 men summoned in one year. " Never has any nation been thus asked to let itself be voluntarily led in a mass to the slaughterhouse. — Ibid., iii., 480. Senatus-consulte, and order of council for raising io,coo young men, «xempt or redeemed from conscription, as the prefects might choose, arbitrarily, from amongst the highest classes in society. The purpose was plainly " to secure hostages in «very family of doubtful loyalty. No measure created for Napoleon more irreconcilable «nemies." — Cf. De Segur, ii., 34. (He was charged with organizing and commanding a division of young men.) Many were sons of Vendeans or of Conventionalists, some torn from their wives the day after their marriage, or from the bedside of a wife in her confine- ment, of a dying father, or of a sick son; "some looked so feeble that they seemed dying." One half perished in the campaign of 1814. — " Correspondance," letter to Clarke, .Minister of War. Oct. 23, 1813 (in relation to the new levies): " I rely on 100,000 refr.ictory con- scripts." 3 " Archives nationales," A F.. iv., 1297. (Documents 206 to 210.) (Report to the Em- peror by Count Dum.-is, April 10, iSio ) Besides the 170 millions of penalties 1,675,457 francs of penalty were inflicted on 2335 individuals, " abettors or accomplices." — Ibid., A F., iv., 1051. (Report of Gen. Lacoste on the department of Haute-Loire, Oct. 13, 1808.) " He always calculated in this department on the desertion of one-half of the conscripts. .... In most of the cantons the gendarmes traffic with the conscription shamefully ; cer- tain conscripts pension them to show them favors." — Ibid., A F., iv.. 1052. (Report by Pelet, Jan. 12, 1812.) " The operation of the conscription has improved (in the Herault); the contingents of 1811 have been furnished. There remained 1800 refractory, or desert- 88 THE MODERN REGIME. book f. refractory were already condemned by name, and, moreover, penalties were imposed on their families to the amount of one hundred and seventy millions of francs. In iBii and 1812 the roving columns which tracked fugitives gathered sixty thousand of them, and drove them along the coast from the Adour to the Niemen ; on reaching the frontier, they were en- rolled in the grand army ; but they desert the very first month, they and their chained companions, at the rate of four or five thousand a day.' Should England be conquered, garrisons would have to be maintained there, and of soldiers equally zealous. Such is the dark future which this system opens to the French, even with the best of good luck. It turns out that the luck is bad, and at the end of 181 2 the grand army is freezing in the snow ; Napoleon's horse has let him tumble. Fortunately, the animal has simply foundered ; " His Majes- ty's health was never better "; - nothing has happened to the rider ; he gets up g\\ his legs, and what concerns him at this moment is not the sufferings of his broken-down steed, but his own mishap ; his reputation as a horseman is compromised ; the effect on the public, the hootings of the audience, is what troubles him, the comedy of a perilous leap, announced with such a flourish of trumpets and ending in such a disgraceful fall. On reaching Warsaw^ he says to himself, ten times over: "Only a step from the sublime to the ridiculous." ers of the previous classes ; 1600 have been arrested or made to surrender by the flying^ column ; 200 have still to be pursued." Faber, " Notice (1S07) sur I'interieur de la France," p. 141 : " Desertion, especially on the frontiers, is occasionally frightful ; So- deserters out of 160 have sometimes been arrested." — Ibid., p. 149 : " It has been stated in the public journals that in 1801 the court in session at Lille had condemned 135 refractory out of the annual conscription, and that which holds its sittings at Ghent had condemned 70. Now, 200 conscripts form the maximum of what an arrondissement in a department could furnish." — Ibid., p. 145. " France resembles a vast house of detention where every- body is suspicious of his neighbor, where each avoids the other. . . . One often sees a young man with a gendarme at his heels ; oftentimes, on looking closely, this young man's hands are found tied, or he is handcuffed." — Malhien Dumas, iii., 507 (After the battle of Dresden, in the Dresden hospitals) : " I observed, with sorrow, that many of these men were slightly wounded ; most of them, young conscripts just arrived in the army, had not been wounded by the enemy's fire, but they had mutilated each other's feet and hands. Antecedents of this kind, of equally bad augury, had already been remarked in the cam- paign of 1809." 1 De Segur, iii., 474. — Thiers, xiv., 159. (One month after crossing the Niemen one hundred and fifty thousand men had dropped out of the ranks.) 2 Bulletin 29 (December 3, 1812). 3 De Pradt, " Histoire de I'Ambassade de Varsovie," p. 21Q. CHAP. 11. NAPOLEON- BONAPARTE. 89 The following year, at Dresden, he exposes still more shame- fully, openly, and nakedly his master passion, the motives which determine him, the immensity and ferocity of his piti- less self-love. " What do they want of me ? " said he to M. de Metternich.' " Do they want me to dishonor myself ? Never ! I can die, but never will I yield an inch of territory! Your sovereigns, born on the throne, may be beaten twenty times over and yet return to their capitals : I cannot do this, because I am di parvenu soldier. My domination will not survive the day when I shall have ceased to be strong, and, consequently, feared." In effect, his despotism in France is founded on his European omnipotence ; if he does not remain master of the Continent, ** he must settle with the corps legislatt/."^ Rather than descend to an inferior position, rather than be a consti- tutional monarch, controlled by parliamentary chambers, he plays double or quits, and will risk losing everything. " I have seen your soldiers," says Metternich to him, " they are ■children. When this army of boys is gone, what will you do then ? " At these words, which touch his heart, he grows pale, his features contract, and his rage overcomes him ; like a wounded man who has made a false step and exposes himself, he says violently to Metternich : " You are not a soldier ! You do not know the impulses of a soldier's breast I I have grown up on the battle-field, and a man like me does not care a for the lives of a million men ! " ' His imperial chi- 1 M. de Metternich, i., 147. — Fain, " Manuscript," of 1813, ii., 26. (Napoleon's address to his generals.) " What we want is a complete triumph. To abandon this or thit prov- ince is not the question ; our political superiority and our existence depend on it." — ii., 41, 42. (Words of Napoleon to Metternich.) " And it is my father-in-law who favors such a project ! And he sends you ! In what attitude does he wish to place me before the F'rench people ? He is strangely deluded if he thinks that a mutilated throne can offer an .asylum to his daughter and grandson. . . . Ah, Metternich, how much has England given you to make you play this part against me ? " (This last phrase, omitted in Mct- ternich's narrative, is a characteristic trait ; Napoleon at this decisive moment, remains insulting .and aggressive, gratuitously and even to his own destruction.) 2 "Souvenirs du feu due dc I'roglie," i., 235. 3 Ibid., i., 230. Some days before Napoleon had said to M. de Narbonnc, who told me that very evening : " After all, what has this (the Russian campaign) cost me? 300,000 men. among whom, again, were a good many Germans."- " Memoires," unpublished, by M. X , v., 615. (Apropos of the Krankfurt basis, and accepted by Napoleon when too late.) "What characterizes this mistake is that it was committed much more again.st the interests of France than against his own. . . . He sacrificed her to the perplexities of his personal situation, to the inauvaise honie of his own ambition, to the difficulty he finds in 9° THE MODERN REGIME. book i, mera has devoured many more. Between 1804 and 1815 he has had slaughtered 1,700,000 Frenchmen, born within the bound- aries of ancient France,' to which must be added, probably, 2,000,000 of men born outside of these limits, and slain for him, under the title of allies, or slain by him under the title of enemies. All that the poor, enthusiastic, and credulous Gauls have gained by entrusting their public welfare to him is two invasions ; all that he bequeaths to them as a reward for their devotion, after this prodigious waste of their blood and the blood of others, is a France shorn of fifteen departments ac- quired by the republic, deprived of Savoy, of the left bank of the Rhine and of Belgium, despoiled of the northeast angle by which it completed its boundaries, fortified its most vulnerable point, and, using the words of Vauban, " made its field square," separated from 4,000,000 of new Frenchmen which it had assimilated after twenty years of life in common, and, worse still, thrown back within the frontiers of 1789, alone, dimin- ished in the midst of its aggrandized neighbors, suspected by all Europe, and lastingly surrounded by a threatening circle of distrust and rancor. Such is the political work of Napoleon, the work of egoism served by genius. In his European structure as in his French structure this sovereign egoism has introduced a vice of con- struction. This fundamental vice is manifest at the outset in the European edifice, and, at the expiration of fifteen years, it brings about a sudden downfall : in the French edifice it is equally serious but not so apparent ; only at the end of half a century, or even a whole century, is it to be made clearly visi- ble ; but its gradual and slow effects will be equally pernicious and they are no less sure. standing alone to a certain extent before a nation which had done everything for him and which could justly reproach him with having sacrificed so much treasure and spilled so- much blood on enterprises proved to have been foolish and impracticable." I Leonce de Lavergne, " Economie rurale de la France," p. 40. C-* "^^ording to the former director of the conscription under the Empire.) 1 I BOOK SECOND. ^Formation anti tCljaiarter of ttjc NrU) ^tatt. CHAPTER I. I. Conditions on which the public power can act. — Two points forgotten by the authors of the preceding constitutions. — Difficulty of the under- taking and poor quality of the available materials. — II. Results. -y-Insub- ordination of the local powers, conflict of the central powers, sup- pression of liberal institutions, and the establishment of an unstable despotism. — Evil doing of the government thus formed. — III. In 1799, the undertaking is more diflicult and the materials worse. — IV. Motives for suppressing the election of local powers. — The Electors. — Their ego- ism and partiality. — The Elected. — Their inertia, corruption, and disobe- dience. — V. Reasons for placing the executive central power in one hand. — Sieyes' chimerical combinations. — Bonaparte's objections. — VI. Diffi- culty of organizing a legislative power. — Fraudulent and violent elec- tions for ten years. — Spirit and diffusion of hatred against the men and dogmas of the Revolution. — Probable composition of a freely elected Assembly. — Its two irreconcilable divisions. — Sentiments of the army. — Proximity and probable meaning of a new coKp cTelat. — VII. The electoral and legislative combinations of Sieyes. — Bonaparte's use of them. — Paral- ysis and submission of the three legislative bodies. — The Senate as a ruling instrumentality. — Senatus-consultes and Plebiscites. — Final estab- lishment of the Dictatorship. — Its dangers and necessity. — Public power now able to do its work. I. In every human society a government is necessary, or, in other words, an organization of the power of the community. No other machine is so useful. But a machine is useful only as it is adapted to its purpose; otherwise it does not work well, or it works adversely to that purpose. Hence, in its construction, the prime necessity of calculating what work it has to do, also the quality of the materials one has at one's disposal. It is very important to know beforehand whether it will raise a mass of 1000 or of 10,000 pounds, whether the 91 92 THE MODERN REGIME. book ii. pieces fitted together will be of iron or of steel, of sound or of unsound timber. Legislators for ten years had never taken this into consid- eration; they had constituted things as theorists, and likewise as optimists, without closely studying them, or else regarding them as they wished to have them. In the national assem- blies, as well as with the public, the task was deemed easy and ordinary, whereas it was extraordinary and immense, for the matter in hand consisted in effecting a social revolution and in carrying on an European war. The materials were sup- posed to be excellent, as manageable as they were substantial, while, in fact, they were very poor, being both refractory and brittle, for these human materials consisted of the Frenchmen of 1789 and of the following years; that is to say, of exceed- ingly sensitive men doing each other all possible harm, inex- perienced in political business, Utopians, impatient, intract- able, and over-excited. Calculations had been made on these prodigiously false data; consequently, although the calcula- tions were very exact, the results obtained were found absurd. Relying on these data, the machine had been planned, adjusted, superposed, and set in operation. Hence, although irreproach- able in theory, it turned out practically a failure; the more imposing it seemed on paper the quicker it broke down when set up on the ground. II. A capital defect at once declared itself in the two principal combinations, in the working gear of the superposed powers and in the balance of the motor powers. — In the first place, the hold given to the central government on its local subor- dinates was evidently too feeble; with no right to appoint these, it could not select them as it pleased, according to the requirements of the service. Department, district, canton, and commune administrators, civil and criminal judges, assessors, appraisers, and collectors of taxes, officers of the national-guard and even of the gendarmerie, police-commis- sioners, and other agents who had to enforce laws on the spot, were nearly all recruited elsewhere, either in popular assem- CHAP. I. FORMATION OF THE NEW STATE. 93 blies or furnished ready-made by elected bodies.' They were for it merely borrowed instruments; thus originating, they escaped its control; it could not make them work as it wanted them to work. On most occasions they would shirk their duties; at other times, on receiving orders, they would stand inert; or, again, they would act outside of or beyond their special function, either going too far or acting in a contrary sense; never did they act with moderation and strictness, steadily, and with unanimity. For this reason any desire of the government to do its work faithfully proved unsuccessful. Its legal subordinates — incapable, timid, lukewarm, unman- ageable, or even hostile — obeyed badly, did not obey at all, or wilfully disobeyed. The blade of the executive instrument, loose in the handle, glanced or broke off when the thrust had to be made. In the second place, never could the two or three motor forces thrusting the handle act in harmony, owing to the clashing of so many of them; one always ended in breaking down the other. The Constituent Assembly had set aside the King, the Legislative Assembly had deposed him, the Convention had decapitated him. Afterward each fraction of the sovereign body in the Convention had proscribed the other; the Montagnards had guillotined the Girondists, and the Thermidorians had guillotined the Montagnards. Later, under the Constitution of the year iii, the Fructidorians had transported the Constitutionalists, the Directory had purged the Councils, and the Councils had purged the Directory. — Not only did the democratic and parliamentary institution fail in its work and break down on trial, but, again, through its own action, it became transformed into its opposite. In a year or two a coi4p d'etat in Paris took place; a faction seized on the central power and converted it into an absolute power in the hands of five or six ringleaders. The new government at once reforged the executive instrument for its own advan- I " The Revolution," p. 193 and followinsr papes, also p. 224 and following- pages. The provisions of the constitution of the year iii, somewhat less anarchical, are anal- ogous ; those of the " Mountain" constitutioa (year 11) are so anarchical that nobody thought of enforcing them. 94 THE MODERN' REGIME. book ii. tage and refastened the blade firmly on the handle; in the provinces it dismissed those elected by the people and de- prived the governed of the right to choose their own rulers; henceforth, through its proconsuls on mission, or through its resident commissioners, it alone appointed, superintended, and regulated on the spot all local authorities,' Thus the liberal constitution, at its close, gave birth to a centralized despotism, and this was the worst of its species, at once formless and monstrous; for it was born out of a civil crime, while the government which used it had no sup- port but a band of bigoted fanatics or political adventurers; without any legal authority over the nation, or any moral hold on the army, detested, threatened, discordant, exposed to the resistance of its own upholders, to the treacher]^ of its own members, and living only from day to day, it could maintain itself only through a brutal absolutism and permanent terror, while the public power of which the first care is the protec- tion of property, consciences, and lives, became in its hands the worst of persecutors, robbers, and murderers. III. Twice in succession had the experiment been tried, the monarchical constitution of 1791, and the republican constitu- tion of 1795; twice in succession had the same events fol- lowed the same course to attain the same end; twice in suc- cession had the theoretical, cunningly-devised machine for universal protection changed into an efficient and brutal ma chine for universal oppression. It is evident that if the same machine were started the third time under analogous conditions, one might expect to see it work in the same man- ner; that is to say, contrary to its purpose. Now, in 1799, ^^'^^ conditions were analogous, and even worse, for the work which the machine had to do was not less, while the human materials available for its construction were not so good. — Externally, the country was constantly at war with Europe; peace could not be secured except by I " The Revolution," vol. iii., pp. 446, 450, 476. CHAP. I. FORMATION OF THE NEW STATE. 95 great military effort, and peace was as difficult to preserve as to win. The European equilibrium had been too greatly dis- turbed; neighboring or rival States had suffered too much; the rancor and distrust provoked by the invading revolution- ary republic were too active; these would have lasted a long time against pacified France even after she had concluded reasonable treaties. Although she might abandon a policy of propagandism and interference, brilliant acquisitions, domi- neering protectorates, and the disguised annexation of Italy, Holland, and Switzerland, the nation was bound to keep watch under arms; a government able to concentrate all its forces — that is to say, placed above and beyond all dispute and promptly obeyed — was indispensable, if only to remain intact and complete, to keep Belgium and the frontier of the Rhine. — Likewise internally, and for no other purpose than to restore civil order; for here, too, the outrages of the Revo- lution had been too great; there had been too much spoli- ation, too many imprisonments, exiles, and murders, too many violations of every kind, too many invasions of the rights of property and of persons, public and private. To in- sure respect for persons and all private and public possessions, to restrain at once both Royalists and Jacobins, to restore 140,000 emigres to their country and yet satisfy 1,200,000 pos- sessors of national property; to give back to 25,000,000 of or- thodox Catholics the right, faculty, and means for worship- ping, and yet not allow the schismatic clergy to be mal- treated; to bring face to face in the same commune the dis- possessed seigneur and the peasant holders of his domain; to compel the delegates of the Committee of Public Safety and their victims, the shooters and the shot of -Vendemiaire, the Fructidorians and the Fructidorized, the Whites and the Blues of La Vendee and Brittany, to live in peace side by side, — was so much the less easy because the future laborers in this im- mense work, from the village mayor to the state-senator and state-councillor, had borne a part in the Revolution, either in effecting it or under subjection to it — Monarchists, Feuillant- ists, Girondists, Montagnards, Thermidorians, moderate Jacobins or desperate Jacobins, all oppressed in turn and g6 THE MODERN REGIME. book ii. disappointed in their calculations. Their passions, under this regime, had become embittered; each brought per- sonal bias and resentment into the performance of his du- ties; to prevent him from being unjust and mischievous demanded a tightened curb.' All sense of conviction, under this regime, had died out; nobody would serve gratis as in 1789;" nobody would work without pay; disinterestedness had lost all charm; ostentatious zeal seemed hypocrisy; gen- uine zeal seemed self-dupery; each looked out for himself and not for the community; public spirit had yielded to indiffer- ence, to egotism, and to the need of security, of enjoyment, and of self-advancement. Human materials, deteriorated by the Revolution, were less than ever suited to providing citizens — they simply afforded functionaries. With such wheels com- bined together according to formulae current between 1791 and 1795, the requisite work could not possibly be done; both the great liberal mechanisms were definitely and for a long time condemned as worthless. So long as such poor wheels lasted and such heavy work was imperative, the election of local powers and the division of the central power had to be abandoned. IV. All were agreed on the first point. If any still doubted, they had only to open their eyes, fix them on the local au- 1 Sauzay, " Histoire de la persecution rdvolutionnaire dans le ddpartement du Doubs," X., 472 (Speech of Briot to the five-hundred, Aug. 29, 1799): "The country seeks in vain for its children; it finds the chouans, the Jacobins, the moderates, and the con- stitutionalists of '91 and '93, clubDists, the amnestied, fanatics, scissionists and anti- scissionists; in vain does it call for republicans." 2 "The Revolution,'.' iii., 427, 474.— Rocquain, " L'etat de la France au 18 Bru- maire,"' 360, 362 :" Inertia or absence of the national agents . . . . It would be painful to think that a lack of salary was one of the causes of the difficulty in establishing mu- nicipal administrations. In 1790, 1791, and 1792, we found our fellow-citizens emulously striving after these gratuitous offices and even proud of the disinterestedness which the law prescribed." (Report of the Directory, end of 1795.) After this date public spirit is extinguished, stifled by the Reign of Terror.— /i5/V., 368, 369 : "Deplorable indifference for public offices .... Out of seven town officials appointed in the com- mune of Laval, only one accepted, and that one the least capable. It is the same in the other communes."— /^;V/., 380 (Report of the year vn): "General decline of public spirit."— /<5/V/., 287 (Report by Lacude, on the ist military division, Aisne, Eure-et- Loire, Loiret, Oise, Seine, Seine-et-Marne, (year ix): "Public spirit is dying out and is even gone." CHAP. 1. FORMATION OF THE NEW STATE. 97 thorities, watch them as soon as born, and follow them throughout the exercise of their functions. — Naturally, in fill- ing each ofhce, the electors had chosen a man of their own species and calibre; their fixed and dominant disposition was accordingly well known; they were indifferent to public mat- ters and therefore their candidate was as indifferent as them- selves. Too great zeal for the State would have prevented his election; the State to them was a troublesome moralist and remote creditor; their candidate must choose between them and this interloper, side with them against it, and not act as a pedagogue in its name or as bailiff in its behalf. When power is born on the spot and conferred to-day by con- stituents who are to submit to it to-morrow as subordinates, they do not put the whip in the hands of one who will flog them; they demand sentiments of him in conformity with their inclinations; in any event they will not tolerate in him the opposite ones. From the beginning, this resemblance be- tween them and him is great, and it goes on increasing from day to day because the creature is always in the hands of his creators; subject to their daily pressure, he at last becomes as they are; after a certain period they have shaped him in their image. — Thus the candidate-elect, from the start or very soon after, became a confederate with his electors. At one time, and this occurred fretjuently, especially in the towns, he had been elected by a violent sectarian minority; he then subor- dinated general interests to the interests of a clique. At an- other, and especially in the rural districts, he had been elected by an ignorant and brutal majority, when he accordingly sub- ordinated general interests to those of a village. — If he chanced to be conscientious and somewhat intelligent and was anxious to do his duty, he could not; he felt himself weak and was felt to be weak; * both authority and the means for exer- 1 Rocquain, Ibid., p. 27 (Report of Frangois de Nantes, on the 8th military divi- sion, Vaucluse, Bouchcs-du-Rhonc, Var, Basses-Alpes, and Alpes-Maratimes, year ix): "Witnesses, in some communes, did not dare furnish testimony, and, in all, the jus- tices of the peace were afraid of making enemies and of not bcinp re-elected. It was the same with the town officials charged with prosecutions and whom their quality as elected and temporary officials always rendered timid."— /*;rivcif>le 0/ sf>ecialties. Adam Smith first applied it to machines and to workmen. Macaul.ny extended it to hnm.Tn as<;nciations Milne-Rdwards .ipplied it to the entire series of animal orpans. Herbert Spencer larsjelv develops it in connection with phviinlogfical organs and human societies in his " Principles of Biolofrv" and "Principles of Sociology." I have attempted here to show the three parallel branches of its consequences, and, again, their common root, a constitutive and primordial property inherent in everf instrumentality. Jfl4 THE MODERN REGIME. book ii, ally for another, it will perform its own office badly as well as the one it usurps. Of the two works executed by it, the first injures the second and the second injures the first one. The end, ordinarily, is the sacrifice of one to the other, and, most frequently, the failure of both. II. Let us follow out the effects of this law when it is the public power which, beyond its principal and peculiar task, under- takes a different task and puts itself in the place of corporate bodies to do their work; when the State, not content with protecting the community and individuals against external or internal oppression, takes upon itself additionally the govern- ment of churches, education, or charity, the direction of art, science, and of commerical, agricultural, municipal, or domes- tic affairs. — Undoubtedly, it can intervene in all corporate bodies other than itself; it has both the right and the duty to interfere; it is bound to do this through its very office as defender of persons and property, to repress in these bodies spoliation and oppression, to compel in them the observance of the primordial statute, charter, or contract, to maintain in them the rights of each member fixed by this statute, to decide according to this statute all conflicts which may arise between administrators and the administrated, between directors and stockholders, between pastors and parishioners, between deceased founders and their living successors. In doing this, it affords them its tribunals, its constables, and its gendarmes, and it affords these to them only with full consent after having looked into and accepted the statute. This, too, is one of the obligations of its office: its mandate hinders it from placing the public power at the service of despoiling and oppressive enterprises; it is interdicted from authorizing a contract for prostitution or slavery, and above all, for the best of reasons, a society for brigandage and insurrections, an armed league, or ready to arm itself, against the community, or a part of the community, or against itself. — But, between this legitimate in- tervention which enables it to maintain rights, and the abusive interference by which it usurps rights, the limit is visible, and CHAP. II. FORMATION OF THE NEW STATE. 115 it oversteps this limit when, to its function of justiciary, it adds a second, that of governing or supporting another corpo- ration. In this case two series of abuses unfold themselves; on the one side, the State acts contrary to its primary office, and, on the other, it discharges the duties of its superadded office badly.* III. For, in the first place, to govern another corporate body, for example the Church, the State at one time appoints its ecclesiastical heads, as under the old monarchy after the abolition of the Pragmatic Sanction by the Concordat of 15 16; at another, as with the Constituent Assembly in 1791, without appointing its heads, it invents anew mode of appoint- ment by imposing on the Church a discipline contrary to its spirit and even to its dogmas. Sometimes it goes further still and reduces a special body into a mere administrative branch, transforming its heads into revocable functionaries whose acts it orders and directs; such under the Empire as well as under the Restoration, were the mayor and common-councillors in a commune, and the professors and head-masters of the Uni- versity. One step more and the invasion is complete: nat- urally, either through ambition or precaution, or through theory or prejudice, on undertaking a new service it is tempted to reserve to itself or delegate its monopoly. Be- fore 1789 there existed one of these monopolies to the advantage of the Catholic Church, through the interdiction of other cults, also another to the advantage of each cor- poration of " Arts ct MctierSy' through the interdiction of free labor; after 1800, there existed one for the benefit of the University through all sorts of shackles and constraints im- posed on the establishment and maintenance of private schools. — Now, through each of these constraints the State encroaches on the domain of the individual; the more extended its en- I Cf. "The Revolution," iii., book vi., ch. 2. The encroachments of ihe State and their effect on individuals is there treated. Mere, the question is their effects on corpo- rations. Read, on the same subject, " Gladstone on Church and State," by Macaulay, and " The Man versus the State," by Herbert Spencer, two essays in which the close reasoning and abundance of illustrations are admirable. Il6 THE MODERN REGIME. book II. croachments the more does it prey upon and reduce the circle of spontaneous initiation and of independent action, which constitute the true life of the individual; if, in conformity with the Jacobin programme, it pushes its interference to the end, it absorbs in itself all other lives;' henceforth, the community consists only of automata manoeuvred from above, infinitely small residues of men, passive, multilated, and, so to say, dead souls; the State, instituted to preserve persons, has reduced them to nonentities. The effect is the same with property when the State supports other organizations than its own. For, to maintain these, it has no other funds than those of the taxpayers; consequently, using its collectors, it takes the money out of their pockets; all, indiscriminately, willingly or not, pay supplementary taxes for supplementary services, whether this service benefits them or is repugnant to them. If I am a Protestant in a Catholic State, or a Catholic in a Protestant State, I pay for a religion which seems wrong to me and for a Church which seems to me mischievous. If I am a skeptic, a free-thinker, indifferent or hostile to positive religions in France, I pay to-day for the support of four cults which I regard as useless or pernicious. If I am a provincial or a peasant, I pay for main- taining an " Opera" which I never attend and for a " Sevres'* and " Gobelins" of which I never see a vase or a piece of tapestry. — In times of tranquillity the extortion is covered up, but in troublous times it is nakedly apparent. Under the revolutionary government, bands of collectors armed with pikes made raids on villages as in conquered coun- tries;* the cultivator, collared and kept down by blows from the butt end of a musket, sees his grain taken from his barn and his cattle from their stable; "all scampered off on the road to the town;" while around Paris, within a radius of forty leagues, the departments fasted in order that the capital might be fed. With gentler formalities, under a regular govern- ment, a similar extortion occurs when the State, employing a respectable collector in uniform, takes from our purse a crown 1 "The Revolution," iii., 346. 2 Ibid.y iii., 284. CHAP. II. FORMATION OF THE NEW STATE. II7 too much for an office outside of its competency. If, as with the Jacobin State, it claims all offices, it empties the purse entirely; instituted for the conservation of property, it confis- cates the whole of it. — Thus, with property as with persons, when the public power proposes to itself another purpose than the preservation of these, not only does it overstep its man- date but it acts contrary to its mandate. IV. Let us consider the other series of abuses, and the way in which the State performs the service of the corporate bodies it supplants. In the first place there is a chance that, sooner or later, it will shirk this work, for this new service is more or less costly, and, sooner or later, it seems too costly. — Undoubtedly the State has promised to defray expenses ; sometimes even, like the Constituent and Legislative assemblies, the revenues for this having been confiscated, it has to furnish an equivalent ; it is bound by contract to make good the local or special sources of revenue which it has appropriated or dried up, to furnish in exchange a supply of water from the grand central reservoir, the public treasury. — But if the water becomes low in this reservoir, if the taxes in arrears stoj) the regular supply, if a war happens to effect a large breach in it, if the prodi- gality and incapacity of the rulers multiply its fissures and leaks, there is no money on hand for accessory and sec- ondary services ; the State, which has adopted this service, drops it : we have seen under the Convention and the Direc- tory how, having taken the property of all corporations, prov- inces, and communes, of institutions of education, art, and science, of churches, hospitals, and asylums, it performed their functions ; how, after having been a despoiler and a robber, it became insolvent and bankrupt ; how its usurpation and bankruptcy ruined and then destroyed all other services ; how, through the double effect of its intervention and deser- tion, it annihilated in France education, worship, and charity ; why the streets in the towns were no longer lighted nor swept ; ■why, in the provinces, roads went to decay, and dikes Il8 THE MODERN REGIME. book II. crumbled ; why schools and churches stood empty or were closed ; why, in the asylum and in the hospital, foundlings died for lack of milk, the infirm for lack of clothing and food, and the sick for lack of broth, medicines, and beds." In the second place, even when the State respects a service or provides the means for it, there is a chance that it will pervert this simply because it comes under its direction. — When rulers lay their hands on an institution it is almost always for the purpose of making something out of it for their own advantage and to its detriment : they render everything subordinate to their interests or theories, they put some essen- tial piece or wheel out of shape or place ; they derange its action and put the mechanism out of order ; they make use of it as a fiscal, electoral, or doctrinal engine, as a reigning or sectarian instrument. — Such, in the eighteenth century, was the ecclesiastical staff with which we are familiar,^ court bishops, drawing-room abbes imposed from above on their diocese or their abbey, non-residents, charged with functions which they do not fulfil, largely-paid idlers, parasites of the Church, and, besides all this, worldly, gallant, often unbeliev- ers, strange leaders of a Christian clergy and which, one would say, were expressly selected to undermine Catholic faith in the minds of their flocks, or monastic discipline in their convents. — Such, in 1791,^ is the new constitutional clergy, schismatic, excommunicated, interlopers, imposed on the orthodox major- ity to say masses which they deem sacrilegious and to admin- ister sacraments which they refuse to accept. In the last place, even when the rulers do not subordinate the interests of the institution to their passions, to their theo- ries, or to their own interests, even when they avoid mutilat- ing it and changing its nature, even when they loyally fulfil, and as well as they know how, the supererogatory mandate which they have adjudged to themselves, they infallibly fulfil it badly, at least worse than the special and spontaneous bodies for which they substitute themselves, for the structure 1 " The Revolution," in., 353, 416. 2 " The Ancient Regime," 64, 65, 76, 77, 120, 121, 292. 3 " The Revolution," i., 177 and following pages. CHAP. II. FORMATION OF THE NEW STATE. 1 19 of these bodies and the structure of the state are different. — Unique of its kind, alone wielding the sword, acting from above and afar by authority and constraints, the State acts over the entire territory through uniform laws, through im- perative and minute regulations, by a hierarchy of obedient functionaries, which it maintains under strict instructions. Hence, it is not adapted to business which, to be well done, needs springs and processes of another species. Its springs, wholly exterior, are insufficient, too weak to support and push undertakings which require an internal motor like private in- terest, local patriotism, family affections, scientific curiosity, charitable instincts, and religious faith. Its wholly mechanical processes, too rigid and too limited, cannot urge on enterprises which demand of whoever undertakes them delicate and safe handling, supple manipulation, appreciation of circumstances, ready adaptation of means to ends, constant contrivance, the initiative, and perfect independence. On this account the State is a poor head of a family, a poor commercial or agri- cultural leader, a bad distributor of labor and of subsistences, a bad regulator of production, exchanges, and consumption, a mediocre administrator of the province and the commune, an undiscerning philanthropist, an incompetent director of the fine arts, of science, of instruction, and of worship.' In all these offices its action is either dilatory or bungling, according to routine or oppressive, always expensive, of little effect and feeble in returns, and always beyond or apart from the real wants it pretends to satisfy. And because it starts from too high a point and extends over too vast a field. Transmitted by hierarchical procedures, it lags along in formalism, and loses itself in "red-tape." On attaining its end and object it ap- plies the same programme to all territories alike — a programme devised beforehand in the Cabinet, all of a piece, without ex- perimental groping and the necessary corrections ; a programme which, calculated approximatively according to the avernge and the customary, is not exactly suited to any particular case; I The essays of Herbert Spencer furnish examples for England tinder the title of " Over-lepislation and Representative Government." Rx.implcs for France may be found in " Libert^ du Travail," by Charles Dunoycr (184:;^ This work anticipates most of the ideas of Herbert Spencer, lacking only the physiological " illustrations." »20 THE MODERN REGIME. book ii. a programme which imposes its fixed uniformity on things in- stead of adjusting itself to their diversity and change ; a sort of model coat, obligatory in pattern and stuff, which the government dispatches by thousands from the centre to the provinces, to be worn, willingly or not, by figures of all sizes and at all seasons. V. And much worse. Not only does the State do the work badly on a domain not its own, bunglingly, at greater cost, and with less fruit than spontaneous organizations, but, again, through the legal monopoly which it deems its prerogative, or through the overwhelming competition which it exercises, it kills or paralyzes these natural organizations or prevents their birth; and hence so many precious organs, which, absorbed, atropic or abortive, are lost to the great social body. — And still worse, if this system lasts, and continues to crush them out, the human community loses the faculty of reproducing them ; entirely extirpated, they do not grow again ; even their germ has perished. Individuals no longer know how to form associations, how to co-operate under their own impulses, through their own initiative, free of outside and superior con- straint, all together and for a long time in view of a definite purpose, according to regular forms under freely-chosen chiefs, frankly accepted and faithfully followed. Mutual confidence, respect for the law, loyalty, voluntary subordination, foresight, moderation, patience, preseverance, practical good sense, every disposition of head and heart, without which no association of any kind is efficacious or even viable, have died out for lack of exercise. Henceforth spontaneous, pacific, and fruitful co-operation, as practised by a free people, is unattainable ; men have arrived at social incapacity and, consequently, at political incapacity. — In fact, they no longer choose their own constitution or their own rulers; they put up with these, will- ingly or not, according as accident or usurpation furnishes them ; the public power with them belongs to the man, the faction, or the party sufficiently unscrupulous, sufficiently dar- ing, sufficiently violent, to seize and hold on to it by force, to CHAP. n. FORMATION OF THE NEW STATE. 121 make the most of it as an egotist or charlatan, aided by parades and prestiges, along with bravura songs and the usual din of ready-made phrases on the rights of man and on the public salvation. — This central power itself has nothing in its hands to receive impulsions but an impoverished, inert, or languid social body, solely capable of intermittent spasms or of artificial rigidity according to order, an organism deprived of its secondary organs, simplified to excess, of an inferior or degraded kind, a people no longer anything but an arith- metical sum of separate, juxtaposed units, in brief, human dust or mud. This is what the intervention of the State leads to. There are laws in the social and moral world as in the physiological and physical world ; we may misunderstand them, but we can- not elude them ; they operate now against us, now for us, as we please, but always alike and without heeding us ; it is for us to heed them ; for the two conditions they couple together are inseparable ; the moment the first appears the second in- evitably follows. CHAPTER III. I. Precedents of the new organization. — In practical operation. — An- terior usurpations of the public power. — Spontaneous bodies under the Ancient Regime and during the Revolution. — Ruin and discredit of their supports. — The central power their sole surviving dependence. — II. The Theory. — Agreement of speculative ideas with practical necessities. — Pub- lic rights under the Ancient Regime. — The King's three original rights. — Labors of the legists in extending royal prerogatives. — Historical impedi- ments. — The primitive or ulterior limits of royal power. — The philosophic and revolutionary principle of popular sovereignty. — Unlimited extension of State power. — Application to spontaneous bodies. — Convergence of ancient and new doctrines. — Corporations considered as creations of the public power. — Centralization through the universal intervention of the State. — III. The Organizer. — Influence of Napoleon's character and mind on his internal and French system. — Exigencies of his external and Euro- pean role. — Suppression of all centres of combination and concord. — •. Extension of the public domain and what it embraces. — Reasons for main- taining the private domain. — The part of the individual. — His reserved enclosure. — Outlets for him beyond that. — His talents are enlisted in the service of public power. — Special aptitude and temporary vigor, lack of balance, and doubtful future of the social body thus formed. — IV. Gen- eral aspect and characteristics of the new State. — Contrast between its structure and that of other contemporary or pre-existing States. — The plurality, complexity, and irregularity of ancient France. — The unity, simplicity, and regularity of modern France. — To what class of works it belongs. — It is the modern masterpiece of the classic spirit in the political and social order of things. — V. Its analogue in the antique world. — The Roman State from Diocletian to Constantine. — Causes and bearing of this analogy. — Survival of the Roman idea in Napoleon's mind. — The new Empire of the West. Unfortunately, in France at the end of the eighteenth century the bent was taken and the wrong bent. For three centuries and more the public power had unceasingly violated and discredited spontaneous bodies. — At one time it had mutilated them and decapitated them; for example, it had suppressed provincial governments (e'tats) over three-quarters- 122 CHAP. 111. FORMATION OF THE NEW STATE. 123 of the territory, in all the electoral districts; nothing remained of the old province but its name and an administrative cir- cumscription. — At another time, without mutilating the cor- porate body it had enervated and deformed it, or dislocated and disjointed it. For instance, in the towns, through changes made in old democratic constitutions, through restrictions put upon electoral rights and repeated sales of municipal offices,' it had handed over municipal authority to a narrow oligarchy of bourgeois families, piivileged at the expense of the tax- payer, half separated from the main body of the public, dis- liked by the commonalty, and no longer supported by the con- fidence or deference of the community. ° Thus, in the parish and in the rural canton, it had taken away from the seigneur his office of resident protector and hereditary patron, reducing him to the odious position of a mere creditor, and, if he were a man of the court, to the yet worse position of an absentee creditor.' Thus, as to the clergy, it had almost separated the head from the trunk by superposing (through the Concordat) a staff of gentleman prelates, rich, ostentatious, unemployed, and skeptical, upon an army of plain, poor, laborious, and believing curates.^ — In fine, again, through a protection as untimely as it was aggressive, it had conferred on the corpo- ration oppressive privileges which rendered it offensive and mischievous, or else petrified through some obsolete form which paralyzed its action or corrupted its service. Such was the case with the corporations of arts and industries to which, in consideration of financial aid, it had conceded monopolies onerous to the consumer and a clog on industrial enterprises. Such was the case with the Catholic Church to which, every five years, it granted, in excnange for its voluntary gift (of money), cruel favors or obnoxious prerogatives, the prolonged persecution of Protestants, the censorship of intellectual spec- ulation, and the right of controlling schools and education." 1 De TocqueviHe, " ''Ancien regime et la Rdvolution." p. 64 and following pages, also p. 354 .ind following pages. — " The Ancient Rugitne,"' p. 368 2 "The Revolution," i., book i.. especially pp. 16, 17, 55. 61. 62-65. 3 " The Ancient Rdgime," pp. 36-59. 4 Ibid., pp. 7--:7. 5 Ibid., pp. 7S-32. 124 THE MODERN REGIME. book ii. Such was the case with the universities benumbed by routine; with the latest provincial " Etats," constituted in 1789, as in 1489; with noble families subjected by law to the antique system of substitutions and of primogeniture, that is to say, to a social constraint which, devised for private as well as for public interests in order to secure the transmission of local patronage and political power, became useless and corrupting, fecund in pernicious vanities,' in detestable calculations, domestic tyrannies, forced vocations, and private bicker- ings, from the time when the nobles, become frequenters of the court, had lost political power and renounced local patronage. Corporate bodies, thus deprived of, or diverted from, their purpose, had become unrecognizable under the crust of the abuses which disfigured them; nobody, except a Montesquieu, could comprehend why they should exist; on the approach of the Revolution, they seemed, not organs, but excrescences, de- formities, and, so to say, superannuated monstrosities. Their historical and natural roots, their living germs far below the surface, their social necessity, their fundamental utility, their possible usefulness, were no longer visible. Only their pres- ent inconvenience was felt; people suffered by their friction and burdensomeness; their incongruities and incoherencies excited dissatisfaction; annoyances due to their degeneracy were attributed to radical defects; they were judged to be naturally unsound and were condemned, in principle, because of the deviations and laws which the public power had imposed on their development. Suddenly, the public power, which had produced the evil by its intervention, pretended to remove it by a still greater intervention: in 1789 it again intruded itself on corporate bodies, not to reform them, not to restore each to its proper channel, not to confine each within proper limits, but to destroy them outright. Through a radical, universal, and extraordinary amputation, the like of which is not mentioned in history, with the rashness of the theorist and the brutality of the butcher, the legislator extirpated them all, as far as he I Cf. Fr^d^ric Masson, " Le Marquis de Grignan," vol. i. CHAP. III. FORMATION OF THE NEW STATE. 125 could, even including the family, while his fury extended be- yond the present into the future. To legal abolition and total confiscation, he added the systematic hostility of his preventive laws, together with a fresh obstacle in the shape of his new constructions; during three successive legislatures* he pro- vided against their future regeneration, against the perma- nent instincts and necessities which might one day resuscitate stable families, distinct provinces, and an orthodox church, against artistic, industrial, financial, charitable, and educa- tional corporations, against every spontaneous and organized group, and against every collective, local, or special enterprise. In place of these he installed factitious institutions, a Church without believers, schools without pupils, hospitals without incomes, a geometrical hierarchy of improvised powers in the commune, district, and department, all badly organized, badly recruited, badly adjusted, out of gear at the start, overweighted with political functions, as incapable of performing their proper duties as their supplementary duties, and, from the very be- ginning, either powerless or mischievous." Changes repeatedly marred by arbitrariness from above or from below, set aside or perverted now by the mob and again by the government, inert in the country, oppressive in the towns, we have seen the state into which they had fallen at the end of the Direc- tory; how, instead of a refuge for liberty, they had become haunts for tyranny or sinks for egoism; why, in 1800, they were as much decried as their predecessors in 1788, why their two successive props, the old one and the most recent, historic custom and popular election, were now discredited and no longer resorted to. — After the disastrous experience of the monarchy and the still worse experience of the republic, another prop had to be sought for; but one remained, that of the central power, the only one visible and which seemed substantial; in default of others they had recourse to this.' 1 " The Revolution," i., p. 161 and following pages; ii., book vi., ch. i., especially p. 80 and following pages. 2 Ibid., i., p. igi and following pages, and p. 226 and following pages. 3 " Mdmoires" (in manuscript) of M. X , i., 340 (in relation to the institution of prefects and sub-prefects) : "The perceptible good resulting from this change was the satisfaction arising from being delivered in one day from a herd of insignificant 126 THE MODERN r£.GIME. book ik In any event, no protestation, even secret and moral, longer hindered the State from superadding corporate bodies to itself by way of self-extension, in order to use them for its own pur- poses as instruments or appendages. II. The theory in this respect was in accordance with the ne- cessity of the case, and not alone the recent theory, but again the ancient theory. Long before 1789, public right had ele- vated the prerogative of centralized power into a dogma and exaggerated it beyond measure. There are three titles under which this power was con- ferred. — Feudal seignior, and suzerain, that is to say, com- mander-in-chief of the great resident army whose willing forces had served to reconstruct society in the ninth century, the King, through the remotest of his origins — that is to say, through the immemorial confusion of sovereignty with prop- erty — was the owner of France, the same as an individual owns his private domain.' — Married, moreover, to the Church since the first Capets, consecrated and crowned at Rheims,. anointed by God like a second David, ^ not only was he be- lieved to be authorized from on high, like other monarchs,. but, from Louis le Gros, and especially after the time of St. Louis, he appeared as the delegate from on high, invested Avith a laic sacerdotalism, clothed with moral power, minister of eternal justice, redresser of wrongs, protector of the weak., benefactor of the humble— in short, " His Most Christian Majesty." — At length, after the thirteenth century, the recent men, mostly without any merit or shadow of capacity and to whom the administra- tion of department and nrromiisseinent had been surrendered for the past ten years. As nearly all of them sprung from the lowest ranks in society, they were only the more disposed to make the weight of their authority felt." 1 Guyot, " Repertoire de jurisprudence " (1785), article King: "It is a maxim of feudal law that the veritable ownership of lands, the domain, directuvi dominium, is vested in the dominant seignior or suzerain. The domain in use. belonging to the vassal or tenant, affords him really no right except to its produce. 2 Luchaire, " Histoire des institutions monarchiques de la France sous les premiers Capetiens," i., 28, 46. (Texts of Henry I., Philip I., Louis VI., and Louis VII.) " A divine minister." — (Kings are) " servants of the kingdom of God." — " Gird on the ecclesiastical sword for the punishment of the wicked." — " Kings and priests alone, by ecclesiastical ordination, are made sacred by the anointing of holy oils." CHAP. III. FORMATION OF THE NEW STATE. 1 27 discovery and diligent study of the ancient codes of Justin- ian had shown in his person the successor of the Caesars of Rome and of the Emperors of Constantinople. According to these codes the people in a body had transferred its rights to the prince; now, in antique cities, all rights were vested in the community, and the individual had none;' accordingly, through this transfer, all rights, public or private, passed into the hands of the prince; henceforth he could exercise them as he pleased, under no restriction and no control. He was above the law, since he made it; his powers were illimitable and his decision absolute.^ On this triple frame the legists, like State spiders, had, from Philippe le Bel down, spun their web, and the instinctive con- cordance of their hereditary efforts had attached all its threads to the omnipotence of the King. — Being jurisconsults — that is to say, logicians — they were obliged to deduce, and their minds naturally recurred to the unicpie and rigid princi- ple to which they might attach their arguments. — As advo- cates and councillors of the crown they espoused the case of their client and, through j)rofessional zeal, derived or forced precedents and te.xts to his advantage. — By virtue of being administrators and judges the grandeur of their master consti- tuted their grandeur, and personal interest counselled them to expand a prerogative in which, through delegation, they took part. — Hence, during four centuries, they had spun the tissue of " regalian rights," the great net in the meshes of which, since Louis XIV., all lives found themselves caught.' 1 " The Revolution," iii., p. 94. 2 Janssen, " L'Allemafjne i la fin du moyen age" (French translation), i., 457. (On the introduction of Roman law into Germany.) — Declaration of the legists at the Diet of Roncaglia: " yuod principi placuit, legis h..bet vigorem." Edict of Freder- ick I., 1165 : " Vestigia praedecessorum suorum, divorum imperatorum, m^gni Con- stantini scilicet et Justiniani et Valentini, . . . sacras eorum leges, . . . divina ora- cula. . . . Quodcumque imperator constituerit, vel cognoscens decreverit, vel edicto praeceperit, legem esse constat." — Frederick II. : " Princeps legibus solutus est." — Louis of Bavaria : " Nos qui sumus supra jus." 3 Guyot, /(*/(/., article Regales: "The great ' rdgales,' WfT/'orrt r<"i>id., p. 33 : " The reputation of this est:iblishment was too great. People were anxious to put their children in it. Persons of rank sent theirs there. Everybody expressed satisfaction with it. This provided it with friends who joined those of the establishment and who together formed a platoon against the State. The King would not consent to this: he regarded such unions as dangerous in a State." 134 THE MODERN REGIME. book ii. present or in the future group men against him or alongside of him. Like a good general he provides for his retreat. At strife with all Europe, he so arranges it as not to allow in the France he drags along after him refractory souls or bodies which might form platoons in his rear. Consequently, and through precaution, he suppresses in advance all eventual rallying points or centres of combination. Henceforth, every wire which can stir up and bring a company of men together for the same object terminates in his hands ; he holds in his firm grasp all these combined wires, guards them with jealous care, in order to strain them to the utmost. Let no one attempt to loosen them, and, above all, let no one entertain a thought of getting hold of them ; they belong to him and to him alone, and compose the public domain, which is his domain proper. *♦ But, alongside of his proper domain, he recognizes another in which he himself assigns a limit to the complete absorption of all wills by his own ; he does not admit, of course in his own interest, that the public power, at least in the civil order of things and in common practice, should be illimitable nor, especially, arbitrary.' — This is due to his not being an Utopian or a theorist, like his predecessors of the Convention, but a perspicacious statesman, who is in the habit of using his own eyes. He sees things directly, in themselves ; he does not imagine them through book formulse or club phrases, by a pro- I " Napoleon I" et ses lois civiles," by Honord Perouse, 280 : "I have for a long time given a great deal of thought and calculation to the re-establi'.hment of the social edifice. I am to-day obliged to watch over the maintenance of public liberty. I have no idea of the French people becoming serfs." — " The prefects are wrong in straining their authority." — " The repose and freedom of citizens should not depend on the ex- aggeration or arbitrariness of a mere administrator." — " Let authority be ft It by the people as little as possible and not bear down on them needlessly." — (Letters of January 15, 1806, March 6, 1807, January 12, 1809, to Fouchd, and of March 6, 1807, to Regnault.) — Thibaudeau, " Memoires sur le Consulat," p. 178 (Words of the first consul before the council of state): " True civil liberty depends on the security of prop- erty. In no country can the rate of the ta.x-payer be changed every year. A man with 3000 francs income does not know how much he will have left to live on the fol- lowing year ; his entire income may be absorbed by the assessment on it. . . . A mere clerk, with a dash of his pen, may overcharge you thousands of francs. . . . Nothing has ever been done in France in behalf of real property. Whoever has a good law passed on the cadastre (an official valuation of all the land in France) will deserve a statue." CHAP. III. FORMATION OF THE NEW STATE. 135 cess of verbal reasoning, employing the gratuitous suppositions of humanitarian optimism or the dogmatic prejudices of Jaco- bin imbecility. He sees man just as he is, not man in him- self, the abstract citizen, the philosophic manikin of the Contrat Social, but the real individual, the entire living man, with his profound instincts, his tenacious necessities, which, whether tolerated or not by legislation, still subsist and oper- ate infallibly, and which the legislator must take into consid- eration if he wants to turn them to account. — This individual, a civilized European and a modern Frenchman, constituted as he is by several centuries of tolerable police discipline, of re- spected rights and hereditary property, must have a private domain, an inclosed area, large or small, which belongs and is reserved to him personally, to which the public power inter- dicts access and before which it mounts guard to prevent other individuals from intruding on it. Otherwise his condi- tion seems intolerable to him ; he is no longer disposed to exert himself, to set his wits to work, or co enter on any enter- prise. Let us be careful not to mar or relax in him this power- ful and precious spring of action ; let him continue to work, to produce, to economize, if only that he may be in a condition to pay taxes ; let him continue to marry, to bring forth and raise up sons, if only to serve the conscription. Let us ease his mind with regard to his inclosure ; ' let him exercise full I Honore Pdrouse, Ilnd.. 274 (Speech of Napoleon to the council of state on the law on mines): " Myself, with many armies at my disposition. I could not take possession of any one's field, for the violation of the right of property in ore case would be vio- lating!^ it in all. The secret is to have mines become actual property, and hence sacred in fact and by law." — l!iiea ft system. . . . Individuals who have talent and are not noble must enjoy equal consideration and employment from you. . . . Lei e^eyy species 0/ serfage and 0/ intermediary lien between the soiereign and the lowest class 0/ people be abolished. The benefits of the code Napoleon, the publicity of proceedings, the establishment of juries, will form so many distinctive characieristics of your mon- archy." — His leading object is the suppression of feudalism, that is to say, of the great families and old historic authorities. He relies for this especially on his civil code: "That is the great advantage of the code; ... it is what has induced me to preach a civil code and made me decide on establishing it." (Letter to Joseph, King of Naples, June 5. 1806.)— " The code Napoleon is adopted throughout Italy. Florence has it, and Rome will soon have it." (Letter to Joachim, King of the Two Sicilies. Nov. 27, 1808.)—" My intention is to have the Hanseatic towns adopt the code Napoleon and be governed by it from and after the ist of January."— The same with Dantzic : "Insinuate gently and not by writing to the King of Bavaria, the- Prince-primate, the grand-dukes of Hesse-Darmstadt and of Raden. that the civil code should be established in their states by suppressing all customary law and con- fining themselves wholly to the code Napoleon." (Letter to M. de Champagny, Oct. .•?!, 1807.)—" The Roiiinns gaTe their laws to their allies. Why should not France have lis laws adopted in Holland ? ... It is equally essential that you should adopt the French monetary system." (Letter to Louis, King of Holland, Nov. 13, 1807.) —To the Spaniards : " Your nephews will honor me as their regenerator." (Allocution addressed to Madrid Dec. 9, 1808.)— '•Sp:iin must be French. The country must be French and the government must be French." (Roederer, iii., 529, 5^6, words of Napoleon. Feb. 11, 1809.)— In short, following the example of Rome, which had Latin- ized the entire Mediterranean coast, he w.nnted to render all western Europe Ftench. The object was, as he declared, " to establish and consecrate at last the empire 0/ reason and thc/ull exercise, the complete enjoyment 0/ every human /acuity." (Afd- morial.) 150 THE MODERN REGIME. BOOK ll. divisions, his own conscription, his civil code, his constitu- tional and ecclesiastical system, his university, his system of equality and promotion, the entire French system, and, as far as possible, the language, literature, drama, and even the spirit of his France, — in brief, civilization as he conceives it, so that conquest becomes propagandism, and, as with his pre- decessors, the Caesars of Rome, he sometimes really fancies that the establishment of his universal monarchy is a great benefit to Europe. I BOOK III. (Ji^h\tct anti Mttits of tf)e Sptem. CHAPTER I. I. How Napoleon comprehends the sovereignty of the people. — His maxim on the will of the majority and on the office of government. — Two groups of evidently preponderating desires in 1799. — II. Necessities dat- ing from the Revolution. — Lack of security for Persons, Property, and Consciences. — Requisite conditions for the establishment of order. — End of Civil war, Brigandage, and Anarchy. — Universal relief and final secu- rity. — III. Lasting effects of revolutionary laws. — Condition of the £mi- grh. — Progressive and final amnesty. — They return. — They recover a portion of their possessions. — Many of them enter the new hierarchy. — Indemnities for them incomplete. — IV. Confiscation of collective for- tunes. — Ruin of the Hospitals and Schools. — V. Complaints of the Poor, of Parents, and of Believers. — Contrast between old and new educational facilities. — Clandestine instruction. — Jacobin teachers. — VI. The Spirit and Ministrations of Catholicism. — How the Revolution develops a sense of this — VII Reasons for the Concordat. — Napoleon's economical organi- zation of the Church institution. — A good Bargainer. — Compromise with the old state of things. — VIII. State appropriations very small. — Tolera' tion of educational institutions. — The interest of the public in them invited. — The University. — Its monopoly. — Practically, his restrictions and con- ditions are effective. — Satisfaction given to the first group of require- ments. I. However clear and energetic his artistic convictions may be, his mind is absorbed by the preoccupations of the sovereign; it is not enough for him that his edifice should be monumen- tal, symmetrical, and beautiful; first of all, as he lives in it and derives the greatest benefit from it, he wants it habitable, and habitable for Frenchmen of the year 1800. Consequent- ly, he takes into account the habits and dispositions of his tenants, the pressing and permanent wants for which the new structure is to provide; these wants, however, must not be theoretic and vague, but verified and defined; for he is a cal- culator as close as he is profound, and deals only with positive 151 152 THE MODERN REGIME. book hi. facts. " My political system," says he to the Council of State,' " is to rule men as the mass want to be ruled. ... By constitut- ing myself a Catholic I put an end to the war in La Vendee; by turning Mahometan I established myself in Egypt: by turn- ing ultramontane I gained over the priests in Italy. Were I to govern a population of Jews, I would restore the temple of Solomon. I shall speak just in this fashion about liberty in the free part of St. Domingo; I shall confirm slavery in the Ile-de-France and even in the slave section of St. Domingo, with the reservation of diminishing and limiting slavery where I maintain it, and of restoring order and keeping up discipline where I maintain freedom. / think that is the tvay to recognize the sovereignty of the peopled Now, in France, at this epoch, there are two groups of preponderant desires which evidently outweigh all others, one dating back the past ten years, and the other for a century and more: the question is how to sat- isfy these, and the sagacious constructor, who estimates them for what they are worth, combines the proportions, plan, ar- rangement, and entire interior economy of his edifice to meet this requirement. ' 11. Of these two desires the first is urgent, almost a physical necessity. For the last ten years, the government has no longer answered its purpose, or has ruled in a contrary sense; its impotence and injustice, in turn or both at once, have been deplorable; it has committed or allowed too many outrages on persons, property, and consciences; in sum, the Revolu- tion did nothing else, and it is time that this should stop. Safety and security for consciences, property, and persons is the loud and unanimous outcry in all directions.'' 1 Roederer, iii., 334 (August 6, 1800). 2 Stanislas Girardin, " M^moires," i., 273 (22 Thermidor, year x): " The only crav- ing, the only sentiment in France, disturbed for so many years, is repose. Whatever secures this will grain iis assent. Its inhabitants, accustomed to take an active part in all political questions, now seem to take no interest in them." — Roederer, iii., 484 (Report on the Senatorerie of Caen, Dec. i, 1803) : "The people of the rural districts, busy with its nevir affairs, . . . are perfectly submissive, because they now find security for persons and property. . . . They show no enthusiasm for the monarch, but are full of respect for and trust in a gendarme; they stop and salute him on passing him on the roads." CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 153 To restore tranquillity, many novel measures are essential. And first, the political and administrative concentration just decreed, a centralization of all powers in one hand, local pow- ers conferred by the central power, and this supreme power in the hands of a resolute chief equal in intelligence to his high position; next, a regularly paid army,' carefully equipped, properly clothed and fed, strictly disciplined and therefore obedient and able to do its duty without wavering or falter- ing, like any other instrument of precision; an active police- force and gendarmerie held in check; administrators inde- pendent of those subject to them, and judges independent of those under their jurisdiction — all appointed, maintained, watched, and restrained from above, as impartial as possible, sufficiently competent, and, in their official spheres, capable functionaries; finally, freedom of w'orship, and, accordingly, a treaty with Rome and the restoration of the Catholic Church, that is to say, a legal recognition of the orthodox hierarchy and of the only clergy which the faithful may acccept as legit- imate, in other words, the institution of bishops by the Pope, and of priests by the bishops. This done, the rest is easily accomplished. A well-led army corps marches along and tramples out the embers of the con- flagration now kindling in the West, while religious tolera- tion extinguishes the smouldering fires of popular insurrec- tion. Henceforth, there is an end to civil war." Regiments ready to act in harmony with the military commissions' purge the South and the valley of the Rhone; thenceforth, there are 1 Rocquain, " rfilat de la France au 18 Brumaire." (Report by Barbd-Marbois, p. 72, 81.) Cash-boxes broken open and e.xclamations by the officers : " Money and for- tune belong 'o the brave. Let us help ourselves. Our accounts will be settled at the cannon's mouth."— " The subordinates," adds Barbd-Marbois, " fully aware of their superior's drafts on the public treasury, stipulate for their share of the booty ; accus- tomed to exacting contributions from outside enemies, they are not averse to treating as conquered enemies the departments they were called upon to defend." 2 Ibid. (Reports of Barbe-Marbois and Fourcroy while on their missions in the i2th and 13th military divisions, year ix., p. 158, on the tranquillity of La Vend(?e.) " I could have gone anywhere without an escort. During my stay in some of the villages I was not disturbed by any fear or suspicion whatever. . . . The tranquillity they now enjoy and the cessation of persecutions keep them from insurrection." 3 Archives nationales, F^, 3273 (Reports by Gen. Ferino, Pluviose, year ix, with a table of verdicts by the military commission since Flortfal, year viii.l The commis- sion mentions 53 assassinations, 3 rapes, 44 pillagings of houses, by brigands in Vau- close. Drome, and the Lower Alps; 66 brigands taken in the act arc shot, 87 after 154 THE MODERN REGIME. book hi. no more roving bands in the rural districts, while brigandage on a grand scale, constantly repressed, ceases, and after this,, that on a small scale. No more chojiatis, chauffeurs, or bar- bets;^ the mail-coach travels without a guard, and the high- ways are safe.^ There is no longer any class or category of citizens op- pressed or excluded from the common law: the latest Jacobin decrees and the forced loan have been at once revoked: no- ble or plebeian, ecclesiastic or layman, rich or poor, former emigre or former terrorist, every man, whatever his past, his condition, or his opinions, now enjoys his private property and his legal rights; he has no longer to fear the violence of the opposite party; he may rely on the protection of the au- thorities,^ and on the equity of the magistrates." So long as condemnation, and 6, who are wounded, die in the hospital. — Rocquain, ibid., p. 17, (Reports of Fran^ais, from Nantes, on his mission in the 8lh military division.) "The South may be considered as purged by the destruction of about 200 brigands who have been shot. There remains only three or four bands of 7 or 8 men each." 1 Three classes of insurrectionary peasants or marauders. — Tr. 2 Archives Nationales, F', 7152 (on the prolongation of brigandage). Letter from Lhoste, agent, to the minister of justice, Lyons, Pluviose 8, year viii. "The dili- gences are robbed every week." — Ibid., V , 3267, (Seine-et-Oise, bulletins of the mil- itary police and correspondence of the gendarmerie). Brumaire 25, year viii. attack on the Paris mail near Arpajon by 5 brigands armed with guns. Fructidor, year viii, at three o'clock p.m., a cart loaded with 10,860 francs sent by the collector at Mantes to the collector at Versailles is stopped near the Marly water-works, by 8 or 10 armed brigands on horseback. — Similar facts abound. It is evident that more than a year is. required to put an end to brigandage. — It is always done by employing an impartial military force. (Rocquain, Ibid., p. 10.) " There are at Marseilles three companies, of paid national guards, 60 men each, at a franc per man. The fund for this guard is supplied by a contribution of 5 francs a month paid by every man subject to this duty who wishes to be exempt. The officers . . . are all strangers in the country. Rob- beries, murders, and conflicts have ceased in Marseilles since the establishment of this guard." 3 Archives Nationales, 3144 and 3145, N0.T004. (Reports of the councillors of State on mission during the year ix, published by Rocquain, with omissions, among which is the following, in the report of Franfois de Nantes.) " The steps taken by the mayors of Marseilles are sufficiently effective to enable an Emigre under surveillance and just landed, to walkabout Marseilles without being knocked down or knocking any- body else down, an alternative to which they have been thus far subject. And yet there are in this town nearly 500 men who have slaughtered with their own hands, or been the accomplices of slaughterers, at different times during the Revolution. . . . The inhabitants of this town are so accustomed to being annoyed and despoiled, and to being treated like those of a rebellious town or colony, that arbitrary power no longer frightens them, and they simply ask that their lives and property be protected against murderers and pillagers, and that things be entrusted to sure and impartial hands." 4 RcEderer, iii., 481. (Report on the S^natorerie of Caen, Germinal a, year xiii.)— CHAP. 1. OBJECT AND MERITS OF THE SYSTEM. 155 - he respects the law he can go bed at night and sleep tran- quilly with the certainty of awaking in freedom on the mor- row, and with the certainty of doing as he pleases the entire day; with the privilege of working, buying, selling, thinking, amusing himself,' going and coming at his pleasure, and es- pecially of going to mass or of staying away if he chooses. No more jacqueries either rural or urban, no more proscrip- tions or persecutions and legal or illegal spoliations, no more intestine and social wars waged with pikes or by decrees, no more conquests and confiscations made by Frenchmen against each other. With universal and unutterable relief people emerge from the barbarous and anarchical regime which re- duced them to living from one day to another, and return to the pacific and regular regime which permits them to count on the morrow and make provision for it. After ten years of harassing subjection to the incoherent absolutism of unstable despotisms, here, for the first time, they find a rational and stable government, or, at least, a reasonable, tolerable, and fixed degree of it. The First Consul is carrying out his dec- larations and he has declared that " The Revolution has ended.'" III. The main thing now is to dress the severe wounds it has made and which are still bleeding, with as little torture as possible, for it has cut down to the quick, and its amputations, whether foolish or outrageous, have left sharp pains or mute suffering in the social organism. One hundred and ninety-two thousand names have been inscribed on the list of emigres? By the terms of the law, every e'viigre is " civilly dead, and his possessions have become Faber, "Notice sur I'lnt^neur de la France" (1807), p. no, 112. "Justice is one of the brifjht sides of France of to-day. It is costly, but it cannot be called venal.'" 1 Rocquain, ibid., 19. (Report of Francois de Nantes on the 8th military division., " For the past eighteen months a calm has prevailed here equal to that which existed l>f fore the Revolution. Balls and parties have been resumed in the towns, while the • ilii dances of Provence, suspended for ten years, now gladden the p?ople of il'e country." 2 Proclamation to the French people, Dec. 15, lygq. 3 See "The Revo'ution." vol. 111., p. 292. (Notes ) 156 THE MODERN REGIME. book hi. the property of the Republic;" if he dared return to France, the same law condemned him to death; there could be no appeal, petition, or respite; it sufficed to prove identity and the squad of executioners was at once ordered out. Now, at the beginning of the Consulate, this murderous law is still in force; summary proceedings are always applicable,' and one hundred and forty-six thousand names still appear on the mortuary list. This constitutes a loss to France of 146,000 Frenchmen, and not those of the least importance — gentlemen, army and navy officers, members of parliaments, priests, prominent men of all classes, conscientious catholics, liberals of 1789, Feuillantists of the Legislative assembly, and Constitutionalists of the years in and v; and worse still, through their poverty or hostility abroad, they are a discredit or even a danger for France, as formerly with the Protestants driven out of the country by Louis XIV.^ — To these 146,000 exiled Frenchmen add 200,000 or 300,000 others, residents, but semi-proscribed;' first, those nearly related and allied to each emigre, excluded by the law from " every legislative, administrative, municipal and judicial function," and even deprived of the elective vote, and next, all former nobles or ennobled, deprived by the law of their status as Frenchmen and obliged to re-naturalize themselves according to the for- malities. It is, accordingly, almost the entire e'lite of old France which is wanting in the new France, like a limb violently wrenched and half-detached by the unskilful and brutal scalpel of the revolutionary " sawbones"; for both the organ and the body are not only living, but they are still feverish and extremely sensi- tive; it is important to avoid too great irritation; inflammation of any kind would be dangerous. A skilful surgeon, there- fore, must mark the places for the stitches, not force the junc- tures, but anticipate and prepare for the final healing process, and await the gradual and slow results of vital effort and spon- 1 Decision of the Council of State, Pluviose 5, year viii (Jan. 25, 1800). 2 Forneron, " Histoire generale des ^migrds," 11., 374. In 1800, the army of Cond^ still comprised 1007 officers and 5840 volunteers. 3 Decrees of Brumaire 3, year IV, and of Frimaire g, year vi. (Cf. " The Revolu- tion," pp. 433, 460.) CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 157 taneous renewal. Above all he must not alarm the patient. The First Consul is far from doing this; on the contrary his expressions are all encouraging. Let the patient keep cjuiet, there shall be no re-stitching, the wound shall not be touched. The constitution solemnly declares that the French people shall never allow the return of the emigres,^ and, on this point, the hands of future legislators are already tied fast; it pro- hibits any exception being added to the old ones. — But, first, by virtue of the same constitution, every Frenchman not an e'luigre or transported has the right to vote, to be elected, to exercise every species of public function; consequently, twelve days later,^ a mere order of the Council of State restores civil and political rights to former nobles and the ennobled, to the kinsmen and relations of emigres, to all who have been dubbed Emigre's of the interior and whom Jacobin intolerance had ex- cluded, if not from the territory, at least from the civic body: here are 200,000 or 300,000 Frenchmen already brought back into political communion if not to the soil. — They had suc- cumbed to the coup-d'etat of Fructidor; naturally, the leading fugitives or those transported, suffering under the same coup- d'ctat, were restored to political rights along with them and thus to the territory — Carnot, Barthelemy, Lafont-Ladebat, Simeon, Boissy d'Anglas, Mathieu Dumas, in all thirty-nine, des- ignated by name;' very soon after, through a simple extension of the same resolution, others of the Fructidor victims, a crowd of priests huddled together and pining away on the Ile-de-Re, the most unfortunate and most inoffensive of all.* — Two months later, a law declares that the list of emigre's is definitely closed;^ a resolution orders immediate investigation into the claims of those who are to be struck off the list; a second 1 Constitution of Frimaire 22, year viii. (December 13, 1799), article 93. "The French nation decl.ires that in no case will it suffer the return of the Frenchmen who, having abandoned thoir country since the i4tli of July 178 i, are not comprised in the exceptions made to the laws rendered apamst emigres. It interdicts every ne%v ex- ce/>tion in Ihis rfsfiect.''^ 3 Opinion of the Council of State, Decern. 25, 1799. 3 Resolution of Decern. 26, 1799. — Two ultra-Jacobins, e.xiled aftei Thermidor, are added to the list, Bartrc and Vadicr, undoubtedly by way of compensation and not to let It appear that the scales inclined too much on one side. 4 Resolution of Decern. 30, 1799. 5 Resolutions of February 26, March 2, and March 3, 1800 158 THE MODERN REGIME. book hi. resolution strikes off the first founders of the new order of things, the members of the National Assembly " who voted for the establishment of equality and the abolition of nobility;" and, day after day, new erasures succeed each other, all specific and by name, under cover of toleration, pardon, and exception :' on the 19th of October 1800, there are already 1200 of them. Bonaparte, at this date, had gained the battle of Marengo; the surgical restorer feels that his hands are more free ; he can operate on a larger scale and take in whole bodies collectively. On the 20th of October 1800, a resolution strikes off entire categories from the list, all whose condemnation is too grossly unjust or malicious,^ at first, minors under sixteen and the wives of emigres; next, plowmen, artisans, workmen, journey- men and servants with their wives and children; in fine, 18,000 ecclesiastics who, banished by law, left the country only in obedience to the law; besides these, " all individuals inscribed collectively and without individual denomination," those already struck off, but provisionally, by local administra-^ tions; also still other classes. Moreover, a good many emi- grants, yet standing on the lists, steal back one by one into France, and the government tolerates them." Finally, eighteen months later, after the peace of Amiens and the Concordat,' a sniatus-consulte ends the great operation; an amnesty relieves all who are not yet struck off, except the declared leaders of the militant emigration, its notables, and who are not to exceed one thousand; the rest may come back and enjoy their civic rights; only, they must promise " loyalty to the government established under the constitution and not T Thibaudeau, " McSmoires sur le Consulat," igg. (Stated by the First Consul at Regnault at a meeting of the council of state, Augf. 12, 1801.) " I am glad to hear the denunciation of strikinsr off names. How many have you yourselves not asked for? It could not be otherwise. Everybody has some relation or friend on the lists.'' 2 Thibaudeau. ibid. (Speech by the Fiist Consul.) " Never have there been lists of /;«?;^7-/.r/" there are only lists of absentees. The proof of this is that names have always been struck off. I have seen members of the Convention and even generals on the lists. Citizen Monge was inscribed." 3 Thibaudeau, ibid.. 97.—" The minister of police made a great hue and cry over the arrest and sending back of a few emigres who returned without permission, or who annoyed the buyers of their property, while, at the same time, it eranted surveil- lance to all who asked for it, paying no attention to the distinction made by ihe res- olution of Vendemiaire 28." 4 S^natus-consulte of April 26, 1802. CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 159 maintain directly or indirectly any connection or correspond- ence with the enemies of the State." On this condition the doors of France are thrown open to them and they return in crowds. But their bodily presence is not of itself sufficient; it is moreover essential that they should not be absent in feeling, as strangers and merely domiciliated in the new society. Were these mutilated fragments of old France, these human shreds put back in their old places, simply attached or placed in jux- taposition to modern France, they would prove useless, trou- blesome and even mischievous; let us strive, then, to have them grafted on afresh through adherence or complete fusion; and first, to effect this, they must not be allowed to die of in- anition; they must take root physically and be able to live. In private life, how can former proprietors, the noblesse, th.e parliamentarians, the upper bourgeoisie, support themselves, especially those without a profession or pursuit, and who, be- fore 1789, maintained themselves, not by their labor, but by their income ? Once at home, they can no longer earn their living as they did abroad; they can no longer give lessons in French, in dancing, or in fencing. — There is no doubt but that the scnatiis-consulte which amnesties them restores to them a part of their unsold possessions; ' but most of these are sold and, on the other hand, the First Consul, who is not disposed to re-establish large fortunes for royalists,* retains and maintains the largest ])ortion of what they have been de- spoiled of in the national domain, all woods and forests of 300 arpens^ and over, their stock and property rights in the great canals, and their personal property already devoted to the pub- lic service. The effective restitution is therefore only mod- 1 S^Tiatus-cnnsuIte of April 26, 1802, title li., articles 16 and 17. — Gaudin, Due de Gaete, " Mi?moires," 1., 183. (Report on the administration of the Finances in 1803.) " The old proprietors have been reinstated in more than 20,000 hcrtari-s of forests." 2 Thibaudeau, ibid., p. 98. (Speech of the F"irst Consul, Thermidor 24, year ix.) " Some of the dmigr^s who have been pardoned are cuttinp down their forests, either from necessity or to send money abroad. I will not allow the worst enemies of the republic, the defenders of ancient prejudices, to recover their fortunes and despoil France. I am glad to welcome them back ; but it is important that the nation should preserve its forests; the navy needs them." 3 An arpen measures about an acre and a half. i6o THE MODERN REGIME. book hi. erate; the emigre's who return recover but little more than one-twentieth of their patrimony, one hundred millions ' out of more than two milliards. Observe, besides, that by virtue even of the law and as admitted by the First Consul,^ this alms is badly distributed; the most needy and the greatest number remain empty-handed, consisting of the lesser and medium class of rural proprietors, especially of country gentle- men whose domain, worth less than 50,000 francs, brings in only 2000 or 3000 francs income; ^ a domain of this size came within reach of a great many purses, and hence found purchas- ers more readily and with greater facility than a large holding; the State was almost always the seller, and thenceforth the old proprietor could make no further claim or pretension. — Thus, for many of the emigres, "the senatus-consulte of the year x is simply a permit to starve to death in France " and,* four years later,^ Napoleon himself estimates that "40,000 are without the means of subsistence." They manage to keep life and soul together and nothing more; ° many, taken in and cared for by their friends or relations, are supported as guests or para- sites, somewhat through compassion and again on humanita- rian grounds. One recovers his silver plate, buried in a cellar; another finds notes payable to bearer, forgotten in an old chest. 1 Stourm, " Les Finances de I'ancien regime et de la revolution," ii., 459 to 461.— (According to the figures appended to the projected law of 1825.) — This relates only to their patrimony in real estate ; their personal estate was wholly swept away, at first through the abolition, without indemnity, of their available feudal rights under the Constituent and Legislative assemblies, and afterwards through the legal and forced transformation of their personal capital into national bonds {titres sur le grand-livre, rentes) which the final bankruptcy of the Directory reduced to almost nothing. 2 Pelet de la Lozfere, "Opinions de Napoldon au conseil d'etat" (March 15th and July ist, 1806) : " One of the most unjust effects of the revolution was to let an emigre, whose property was found to be sold, starve to death, and give back 100,000 crowns of rente to another whose property happened to be still in the hands of the government. How odd, again, to have returned unsold fields and to have kept the woods ! It would have been better, starting from the legal forfeiture of all property, to return only 6000 francs of rente to one alone and distribute what remained among the rest." 3 Ldonce de Lavergne, " Economic rurale de la France," p. 26. (According to the table of names with indemnities awarded by the law of 1825.) — Due de Rovigo, " M^- moires," iv., 400. 4 De Puymaigre, " Souvenirs de I'emigration de I'empire et de la restauration," p. 94. 5 Pelet de la Lozere, ibid., p. 272. 6 De Puymaigre, ibid., passim. — Alexandrine des Echerolles, " Une famille noble pendant la Terreur," pp. 328, 402, 408.— I add to published documents personal souve- nirs and family narrations. CHAP. I. OBJECT AND MERITS OF THE SYSTEM. i6i Sometimes, the purchaser of a piece of property, an honest man, gives it back at the price he paid for it, or even gratis, if, during the time he had held it, he had derived sufficient profit from it. Occasionally, when the adjudication happens to have been fraudulent, or the sale too irregular, and subject to legal proceedings, the dishonest purchaser does not refuse a compromise. But these cases are rare, and the evicted owner, if he desires to dine regularly, will wisely seek a small remunerative position and serve as clerk, book-keeper or ac- countant. M. des Echerolles, formerly a major-general, keeps the office of the new line of diligences at Lyons, and earns 1200 francs a year. M. de Puymaigre, who, in 1789, was worth two millions, becomes a controleur des droits rcunis at Briey with a salary of 2400 francs. Some royalist or other applies for employment in every branch of the new administration; ' however slightly recom- mended, he obtains the place. Sometimes he even receives one without having asked for it; M. de VitroUes ^ thus be- comes, in spite of himself, inspector of the imperial sheep- folds; this fixes his position and makes it appear as if he had given in his adhesion to the government. — Naturally, the great political recruiter singles out the tallest and most impos- ing subjects, that is to say, belonging to the first families of the ancient monarchy, and, like one who knows his business, he brings to bear every means, constraint and seduction, threats and cajoleries, supplies in ready money, promises of promotion with the influence of a uniform and gold-lace em- broidery.^ It matters little whether the enlistment is volun- tary or extorted; the moment a man becomes a functionary and is enrolled in the hierarchy, he loses the best portion of his independence; once a dignitary and placed at the top of the 1 Due de Rovigo, " Mdraoires," iv., 399. (On the provincial noblesse which had emigrated and returned.) " The First Consul quietly gave orders that none of the applications made by the large number of those who asked for minor situations in various branches of the administration should be rejected on account of emigration." 2 M. de V'itrolles, " Memoires." — M. d'Haussonvillc, " Ma jeunesse," p. 60 : " One morning, my father learns that he has been appointed chamberlain, with a certain num- ber of other persons belonging to the greatest families of the faubourg Sainl-Germain." 3 Madame de Rdniusat, " Memoires," ii., 312, 315 and following pages, 373. — Ma- dame de Stacl, " Considdrations sur la revolution fran9aise,'" 4th part, ch iv. 1 62 THE MODERN REGIME. BOOK III. hierarchy, he alienates his entire individuality, for henceforth he lives under the eye of the master, feels the daily and direct pressure of the terrible hand which grasps him, and he forci- bly becomes a mere tool.* These historic names, moreover, contribute to the embellishment of the reign. Napoleon hauls in a good many of them, and the most illustrious among the old noblesse, of the court of the robe and of the sword. He can enumerate among his magistrates, M. Pasquier, M. Seguier, M. Mole; among his prelates, M. de Boisgelin, M. du Barral, M. du Belley, M. de Roquelaure, M. de Broglie ; among his military officers, M. de Fezensac, M. de Segur, M. de Morte- mar, M. de Narbonne;^ among the dignitaries of his palace, chaplains, chamberlains and ladies of honor — Rohan, Croy, Chevreuse, Montmorency, Chabot, Montesquiou, Noailles, Brancas, Gontaut, Grammont, Beauvau, Saint-Aignan, Monta- lembert, Haussonville, Choiseul-Praslin, Mercy d'Argenteau, Aubusson de la Feuillade, and many others, recorded in the imperial almanac as formerly in the royal almanac. But they are only with him nominally and in the alma- nac. Except certain individuals, M. de las Cases and M. Philippe de Segur, who gave themselves up body and soul, even to following him to Saint Helena, to glorifying, admir- 1 Roederer, iii., 459. (Speech by Napoleon, December 30, 1802.) — " Very well, I do protect the nobles of France ; but they must see that they need protection. ... I give places to many of them ; I restore them to public distinction and even to the honors of the drawing-room ; but tliey feel that it is alone through my goodwill. — Ibid.^ iii., 558 (January 1809) : " I repent daily of a mistake I have made in my govern- ment ; the tnost serious one I ever made, and I perceive its bad effects every day. It was the giving back to the dmigres the totality of their possessions. I ought to have massed them in common and given each one simply the chance of an income of 6000 francs. As soon as I saw my mistake I withdrew from thirty to forty millions of for- ests ; but far too many are still in the hands of a great number of them." — We here see the attitude he would impose on them, that of clients and grateful pensioners. They do not stand in this attitude. (Roederer, iii., 472. Report on the Senatorerie of Caen, 1803.) — " The returned ^migrds are not friendly nor even satisfied; their enjoy- ment of what they have recovered is less than their indignation at what they have lost. They speak of the amnesty without gratitude, and as only partial justice. ... In other respects they appear submissive." 2 Due de Rovigo, " Memoires," v.. 297. Towards the end, large numbers of the young nobles went into the army. " In 1812, there was not a marshal, or even a gen- eral, who had not some of th.-se on his staff, or as aids-de-camp. Nearly all the cav- alry regiments in the army were commanded by officers belonging to these families. They had already attracted notice in the infantry. All these young nobles had openly joined the emperor because they were easily influenced by love of glory." CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 163 ing, and loving him beyond the grave, the others are submis- sive conscripts and who remain more or less refractory spirits. He does nothing to win them over. His court is not, like the old court, a conversational ball-room, but a hall of inspec- tion, the most sumptuous apartment in his vast barracks; the civil parade is a continuation of the military parade; one finds one's self constrained, stiff, mute and uncomfortable.' He does not know how to enter*^ain as the head of his household, how to welcome guests and be gracious or even polite to his pretended courtiers; he himself declares that' *' they go two years without speaking to him, and six month:; without seeing him; he does not like them, their conversation displeases him." When he addresses them it is to browbeat them; his familiarities with their wives are those of the gen- darme or the pedagogue, while the little attentions he inflicts upon them are indecorous criticisms or compliments in bad taste. They know that they are under espionage in their own homes and responsible for whatever is said there; " the up- per police is constantly hovering over all drawing-rooms." * For every word uttered in privacy, for any lack of compli- ance, every individual, man or woman, runs the risk of exile 1 Madame de Rdmusit n.. 299(1806). "He began to surround himself about this time with so much ceremony that none of us had scarcely any intimate relations with him . . . The court became more and more crowded and monotonous, each doing on the minute what he had to do. Nobody thought of venturing outside the brief series of ideas which are generated within the restricted circle of the same du- ties. . . . Increasing despotism, . . . fear of a reproof if one failed in the slightest particular, silence kept by us all. . . . There was no opportunity to indulge emotion or interchange any observation of the slightest importance.'' 2 Roederer, 111.. 558 (January 1809). — " The Modern Rdgime," avte, book i., ch. ii. 3 Madame de R^musat, 111., 75, 155 : " When the minister of police learned that jesting or malicious remarks had been made m one of the Pans drawing-rooms he at once notified the master or mistress of the house to be more watchful of their com- pany."— /(J/V/., p. 187(1807); "The emperor censured M. Fouchd for not having ex- ercised stricter watchfulness. He exiled women, caused distinguished persons to be warned, and insinuated that, to avoid the consequences of his anger, steps must be taken to show that his power was recognized in atonement for the faults committed. Inconsequence of these hints many thought themselves obliged 10 be presented." — Ibiti., li., 170, 2T2, 303. — Due de Rovigo, " M(?moires," iv , 311 and 393. "Appointed minister of police," said he, " I inspired everybody with fear; each packed up his things; nothing was talked about but exiles, imprisonment and worse still." — He look advantage of all this to recommend " everybody on his list who was inscribed as an enemy of the government" to be presented at court, and all, in fact, except stubborn "grandmothers" were presented. 164 THE MODERN REGIME. book hi. or of being relegated to the interior at a distance of forty leagues.' And the same with the resident gentry in the provinces; they are obliged to pay court to the prefect, to be on good terms with him, or at least attend his receptions; it is important that their cards should be seen on his mantel- piece.' Otherwise, let them take heed, for it is he who re-^ ports on their conduct to Fouche or to Savary. In vain do they live circumspectly and confine themselves to a private life; a refusal to accept an office is unpardonable; there is a grudge against them if they do not employ their local influence in behalf of the reign.^ Accordingly, they are, under the em- pire as under the republic, in law as in fact, in the provinces as well as at Paris, privileged persons the wrong way, a sus- picious class under "a special surveillance" and subject to exceptional rigor.' In 1808,' Napoleon orders Fouche " to draw up ... . among the old and wealthy families who are 1 Madame de Stael, "Considerations sur la revolution frangaise" and " Dix ans d'exil." Exile of Madame de Balbi, of Madame de Chevreuse, of Madame de Du- ras, of Madame d'Aveaux, of Madame de Stael, of Madame de Recamier, etc. — Due de Rovigo, Ibid., iv., 389: "The first exiles dated from 1805; I think there were four- teen." 2 Roederer, iii., 472. (Repurt on the Sihiatorerie of Caen, 1803 ) The nobles " have no social relations either with citizens or with the public functionaries, except with the prefect of Caen and the general in command. . . . Their association with the prefect intimates their belief that they might need him. All pay their respects to the general of division; his mantelpiece is strewed with visiting-cards." 3 Madame de la Rochejaquelein, " Mdmoires," 423: "We lived exposed to a tyr- anny which left us neither calm nor contentment. At one time a spy was placed amongst our servants, at another some of our relations would be exiled far from their homes, accused of exercising a charity which secured them too much affection from their neighbors. Sometimes, my husband would be obliged to go to Paris to explain his conduct. Again, a hunting-party would be represented as a meeting of Ven- ddans. Occasionally, we were blamed for going into Poitou because our influence was regarded as too dangerous; again, we were reproached for not living there and not exercising our influence in behalf of the conscription."— Her brother-in-law, Auguste de la Rochejaquelein, im^ited to take service in the army. com_es to Paris to present his objections. He is arrested, and at the end of two months " the minister signifies to him that he must remain a prisoner so long as he refuses to be a second- lieutenant " 4 Sdnatus-consulte of April 26, 1802 : " Considering that this measure is merely one of pardon to the large number who are always more led astray than criminal . . . the amnestied will remain for ten years under a special government surveillance." It may oblige each one " to leave his usual residence and go to a distance of twenty leagues, and even farther if circumstances demand it." 5 Thiers, x., 41. (Letter to Fouche. Dec. 31, 1808, not inserted in the correspond- ence.) — "'The Modern Regime," book i., ch. ii. CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 165 not in the system ... a list of ten in each department, and of fifty for Paris," of which the sons from sixteen to eighteen years of age shall be forced to enter Saint-Cyr and from thence go into the army as second lieutenants. In 1813, still "in the highest classes of society," and arbitrarily selected by the prefects, he takes ten thousand other persons, exempt or redeemed from the conscription, even the married, even fathers of families, who, under the title of guards of honor, become soldiers, at first to be slaughtered in his service, and next, and in the mean time, to answer for the fidelity of their relatives. It is the old law of hostages, a resumption of the worst proceedings of the Directory for his account and aggra- vated for his profit. — Decidedly, the imperial regime, for the old royalists, resembles too much the Jacobin regime; they are about as repugnant to one as to the other, and their aver- sion naturally extends to the whole of the new society. — As they comprehend it, they are more or less robbed and op- pressed for a quarter of a century. In order that their hos- tility may cease, the indemnity of 1825 is essential, fifty years of gradual adaptation, the slow elimination of two or three generations of fathers and the slow elimination of two or three generations of sons. Nothing is so difficult as the reparation of great social wrongs. In this case the incomplete reparation did not prove sufficient; the treatment which began with gentleness ended with violence, and, as a whole, the operation only half suc- ceeded. IV. Other wounds are not less deep, and their cure is not less urgent; for they cause suffering, not only to one class, but to the whole people — that vast majority which tlie government strives to satisfy. Along with the property of the emigre's, the Revolution has confiscated that of all local or special societies, ecclesiastic or laic, of churches and congregations, universities and academies, schools and colleges, asylums and hospitals, and even the property of the communes. All these fortunes have been swallowed up by the public treasury, which is a 1 66 THE MODERN REGIME. book hi. bottomless pit, and are gone forever. — Consequently, all ser- vices thus maintained, especially charitable institutions, pub- lic worship and education, die or languish for lack of suste- nance; the State, which has no money for itself, has none for them. And what is worse, it hinders private parties from taking them in charge; being Jacobin, that is to say intolerant and partisan, it has proscribed worship, driven nuns out of the hospitals, closed Christian schools, and, with its vast po^kver, it prevents others from carrying out at their own expense the social enterprises which it no longer cares for. And yet the cravings for which this work provides have never been so great nor so imperative. In ten years' the number of foundlings increased from 23,000 to 62,000; it is, as the reports state, a deluge: there are 1097 instead of 400 in Aisne, 1500 in Lot-et-Garonne, 2035 in la Manche, 2043 in Bouches-du-Rhone, 2673 in Calvados. From 3000 to 4000 beggars are enumerated in each department and about 300,- 000 in all France.^ As to the sick, the infirm, the mutilated, unable to earn their living, it suffices, for an idea of their multi- tude, to consider the regime to which the political doctors have just subjected France, the regime of fasting and blood- letting. Two millions of Frenchmen have marched under the national flag, and eight hundred thousand have died under it;^ among the survivors, how many cripples, how many with 1 Rocquain, " Etat de la France au 18 brumaire," pp. 33, i8g, 790. (Reports of Fran- 9ais de Nantes and of Fourcroy.) — " Statistique elementaire de la France," by Peu- chet (according to a statement published by the minister of the interior, year ix), p. 260.— "Statistiques des prefets," Aube, by Aubray, p. 23; Aisne, by Dauchet. p. 87; Lot-et-Garonne, by Pieyre, p. 45: " It is during the Revolution that the number of foundlings increased to this extraordinary extent by the too easy admission in the asylums of girls who had become mothers, along with their infants; through the passing sojourn of soldiers in their houses; through the subversion of every principle of relig- ion and morality."— Gers, by Balguerie: "Many defenders of the country became fathers before their departure. . . . The soldiers, on their return, maintained the habits of their conquests. . . . Many of the girls, besides, for lack of a husband took a lover." — Moselle, by Colchen, p. 91: " Morals are more lax. In 1789, at Metz, there are 524 illegitimate births; in the year ix, 646; in 1789. 70 prostitutes; in the year ix, 260. There is the same increase of kept women "—Peuchet, '" Essai d'une statistique generate de la France," year ix, p. 28. " The number of illegitimate births, from one forty-seventh in 1780, increased to nearly one eleventh of the total births, according to the compara- tive estimates of M. Necker and M. Mourgue." 2 Rocquain, ibid., p. 93. (Report of Barbe-Marbois.) 3 " The Revolution," iii., p. 416 (note), p. 471 (note). CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 167 one arm and with wooden legs ! All Frenchmen have eaten dog-bread for three years and often have not had enough of that to live on; over a million have died of starvation and poverty; all the wealthy and well-to-do Frenchmen have been ruined and have lived in constant fear of the guillotine; four hundred thousand have wasted away in prisons; of the sur- vivors, how many shattered constitutions, how many bodies and brains disordered by an excess of suffering and anxiety, by physical and moral wear and tear! ' Now, in 1800, assistance is lacking for this crowd of civil and military invalids, the charitable establishments being no longer in a condition to furnish it. Under the Constituent Assembly, through the suppression of ecclesiastical property and the abolition of octrois, a large portion of their revenue had been cut off, that assigned to them out of octrois and the tithes. Under the Legislative Assembly and the Convention, through the dispersion and persecution of nuns and monks, they were deprived of a body of able male and female volun- teer servants who, instituted for centuries, gave their labor without stint. Under the Convention, all their possessions, the real-estate and the debts due them, had been confiscated; * and, in the restitution to them of the remainder at the end of three years, a portion of their real-estate is found to have been sold, while their claims, settled by assignats or converted into state securities, had died out or dwindled to such an extent that, in 1800, after the final bankruptcy of the assignats and of the state debt, the ancient patrimony of the poor is two- thirds or one-half reduced.^ It is for this reason that the eight 1 " Statistiques des prdfets." Denx-Sevres, by Diipin, p. 174: " Venereal diseases which, thanks to good habits, were siill unknown in the country in 1789, are now spread throughout the Bocage and in all places where the troops have sojuirned." — " Dr. Delahay, at Parthenay. observes that the number of maniacs increased fright- fully in the Reijin of Terror." 2 Decrees of March 19. 1793, and Messidor 23, ye.ir 11. — Decrees of Rrumaire 2, year IV, and Venddmiairc 16. year v. 3 " Stati'itiques des pr^fels," Rhone, by Verminac. year x. Income of the Lyons Asylums in 1789, i. 510.827 francs; to-day, 459.371 francs. — Tndre, by Dalphonse, year XII. The principal asylum of Issoudun, founded in the twelfth century, had 27.939 francs revenue, on which it loses 16.232. Another asylum, that of the Incurables, loses, on an income of 12,062 francs. 7457 francs. — Eure, by Ma^son Saint-Amand, year xiii: " 14 asylums and 3 small charity eslablishmenis in the department, with -about 100,000 francs income in 1789, have lost at least 60,000 francs of it. — Vosges, by 1 68 THE MODERN REGIME. BOOK III. hundred charitable institutions which, in 1789, had one hun- dred thousand or one hundred and ten thousand occupants,, could not support more than one-third or one-half of them; on the other hand, it may be estimated that the number of applicants tripled; from which it follows that, in 1800, there is less than one bed in the hospitals and asylums for six children, either sick or infirm. Under this wail of the wretched who vainly appeal for help,. for nursing and for beds, another moan is heard, not so loud, but more extensive, that of parents unable to educate their children, boys or girls, and give them any species of instruc- tion either primary or secondary. — Previous to the Revolution "small schools " were innumerable: ' in Normandy, Picardy,. Artois, French Flanders, Lorraine and Alsace, in the Ile-de- France, in Burgundy and Franche-Comte, in the Dombes,. Dauphiny and Lyonnais, in theComtat, in the Cevennes and in Beam,' almost as many schools could be counted as^ there were parishes, in all probably twenty or twenty-five thousand for the thirty-seven thousand parishes in France, and all frequented and serviceable; for, in 1789, forty-seven men out of a hundred, and twenty-six girls or women out of a hundred, could read and write or, at least, sign their Desgouttes, year x : " lo asylums in the department. Most of these have been stripped of nearly the whole of their property and capital on account of the law of Messidor 23, year ii; on the suspension of the execution of this law, the property had been sold and the capital returned. — Cher, by Lufay: " 15 asylums before the revolution; they re- main almost wholly without resources through the loss of their possessions. — Lozere, by Jerphaniou, year x: " The property belonging to the asylums, either in real estate or state securities, has passed into other hands."— Doubs, analysis by Ferrieres: "Situa- tion of the asylums much inferior to that of 1780. because they cou'd not have property restored to them in proportion to the value of that which had been alienated. The asylum of Pontarlier lost one-half of its revenue through reimbursements in paper- money. All the property of the Ornans asylum has been sold," etc. — Rocquain, p. 187. (Report by Fourcroy.) Asylums of Orne: their revenue, instead of 123,189 francs, is no more than (^8.239 — Asylums of Calvados: they have lost 173,648 francs of income, there remains of this only 85,955 francs. — Passim^ heart-rending details on the destitu- tion of the asylums and their inmates, children, the sick and the infirm. — The figures by which I have tried to show the disproportion between requirements and resources are a minimum. I Abbe Allain, " I'lnstruction primaire en France avant la Revolution," and Albert Duruy, " I'lnstruction publique et la Revolution, "/««/;«. CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 169 names.' — And these schools cost the treasury nothing, next to nothing to the tax-payer, and very little to parents. In many places, the congregations, supported by their own prop- erty, furnished male or female teachers, — Freres de la Doc- trine Chretienne, Freres de Saint-Antoine, Ursulines, Visitan- dines, Filles de la Charite, Soeurs de Saint-Charles, Soeurs de la Providence, Soeurs de la Sagesse, Soeurs de Notre-Dame de la Croix, Vatelottes, Miramiones, Manettes du Tiers Ordre, and many others. Elsewhere, the curate of the parish was obliged through a parish regulation to teach himself, or to see that his vicar taught. A very large number of factories or of communes had received legacies for maintaining a school; the instructor often enjoyed, through an endowment, a metayer farm or a piece of ground; he was generally pro- vided with a lodging; if he was a layman he was exempt, be- sides, from the most onerous taxes; as sexton, beadle, choris- ter or bell-ringer, he had small perquisites; finally, he was paid for each child four or five sous a month; sometimes, es- pecially in poor districts, he taught only from All Saints' day down to the spring, and followed another occupation during the summer. In short, his salary and his comfort were about those of a rural vicar or of a suitably paid curate. Higher education {education secondaire) was provided for in the same manner, and still better by local and private enterprise. More than one hundred and eight establish- ments furnished it completely, and more than four Inin- dred and fifty-four partially.''' Like the others, and not 1 " Statistique de I'enseignement primaire " (1880), ii., cciv. The proportion of in- structed and uninstructed people has been ascertained in 79 departments, and at various periods, from 1680 down to the year 1876, according to ihe signatures on i,6qQ.98s marriage-records.— In the " Dictionnaire de pedagogie et d'inslruction pri- maire," published by M. Ruisson, M. Maggiolo, director of tlicse vast statistics, has given the proportion of literate and illiterate people for the different departments; now, from department to department, the fipurcs furnished by the signatures on marriage-records correspond with sufficient exactness 10 the number of schools, veri- fied moreover by pastoral visits and by other documents. The most illiterate de- partments are Cantil, Puy-de-Dome, Nicvre, Allier, Vienne, Haute- Vienne, Dcux- Sivres, Vcnd(?e and the departments of Hrittany. 2 Albert Duruy. ;V'/V/., p. 25. (According to the report of M. Villemain on common- school education in 1843.)— Al)b^ Allain, '• la Question d'cnseignement en 1789," p. SB. — A. Silvy, " les Collfeges en France avant la Rdvolution," p. 5. The researches of M. Silvy show that the number of high-schools (colliges) given by M. Villemain is 17° THE MODERN REGIME. book hi. less liberally than the smaller schools, these were sup- ported by endowments, some of which were very ample and even magnificent; a certain upper school in the provinces, Rodez,' possessed twenty-seven thousand livres income, and one in Paris, Louis-le-Grand, an income of four hundred and fifty thousand livres, each of these, large or small, having its own distinct endowment, in real property, lands and houses, and in revenues on privileges derived from the hotel-de-ville, the octroi and from transportation lines. — And, in each of them, the scholarships, or half-scholarships,, were numercus — six hundred alone in Louis-le-Grand. In total, out of the seventy-two thousand scholars in the king- dom, there were forty thousand for whom a high-school edu- cation was gratuitous or half-gratuitous; nowadays, it is less than five thousand out of seventy-nine thousand.'' The rea- son why is that, before 1789, the revenues were not only large,, but the expenses were small. The salary of a head-master, teacher, or assistant-teacher was not large, say four hundred and fifty, six hundred, nine hundred, or twelve hundred livres per annum at most, just enough for a single man to live on; in effect, most of the teachers were priests or monks, Benedictines, regular canons, Oratorians, the latter alone of- ficiating in thirty colleges. Not subject to the expenses and necessities which a family imposes, they were abstemious through piety, or at least through discipline, habit, and respect for persons; frequently, the statutes of the school obliged them to live in common,' which was much cheaper than liv- ing apart. — The same economical accord is found with all the wheels, in the arrangement and working of the entire system. much too low: "The number of these schools under the ancient regime cannot be estimated at less than about goo. ... I have ascertained 800. ... I must add that my search is not yet finished and that I find new institutions every day." J Lunet, " Histoire du collfege de Rodez," p. no.— Edmond. " Histoire du coll&ge de Louis-le-Grand," p. 238. — " Statistiques des pr^fets," Moselle. (Analysis by Ferrifere, year xii.) Before 1789. 4 high-schools at Metz, very complete, conducted by regular canons, Benedictines, with 33 professors, 38 assistant teachers, 63 servants, 259 day-scholars and 217 boarders. All this was broken up. In the year ix there is only one central school, very inadequate, with 9 professors, 5 assistants, 3 servants and 233 day-scholars. 2 Albert Duruy, ihid., p. 25. 3 Lunet, ibid.^ p. 110. CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 171 A family, even a rural one, never lived far away from a high- school, for there were high-schools in nearly all the small towns, seven or eight in each department, fifteen in Ain, sev- enteen in Aisne.' The child or youth, from eight to eighteen, had not to endure the solitude and promiscuity of a civil bar- racks; he remained within reach of his parents. If they were too poor to pay the three hundred francs board required by the school, they placed their son in a respectable family, in that of some artisan or acquaintance in the town; there, with three or four others, he was lodged, had his washing done, was cared for and watched, had a seat at the family table and by the fireside, and was provided with light; every week, he received from the country his supply of bread and other pro- visions; the mistress of the house cooked for him and mended his clothes, the whole for two or three livres a month." — Thus do institutions flourish that arise spontaneously on the spot; they adapt themselves to circumstances, conform to necessi- ties, utilize resources and afford the maximum of returns for the minimum of expense. This great organization disappears entirely, bodily and with all its possessions, like a ship that sinks beneath the waves ; the teachers are dismissed, exiled, transported, and proscribed ; 1 "Statistiques des pr^fcts," Ain. by Bossi, p. 368. At Rourg, before the revolu- tion, 220 pupils, of which 70 were boarders, 8000 livres income in real property confis- cated during the revolution.— At Belley, the teachers consist of the congregationists of Saint-Joseph : 250 pupils, 9950 francs revenue from capital invested in Ihn />ays d'etat, swept away by the revolution.— At Thoissy, 8000 francs rental of real proper- ty sold, etc.— Deux-Stvres, by Dupin. year ix. and "analyse" by Ferritre, p. 48: " Previous to the revolution, each department town had its hif.'hschool.— At Thouars, 60 boarders at 300 livres per annum, and 40 day-scholars. At Niort, 80 b'^arders at 450 livres per annum, and 100 day-scholars"— Aisne, by Dauchy, p. 88. Before 1789, nearly all the small hieh-schools were gratuitous, and, in the large ones, there were scholarships open to competition. All their possessions, except large buildings, were alienated and sold, as well as those of the 60 communities in which girls were taught gratuitously.— Eiire, by Masson Saint-.Amand. Before 1789. 8 high-schnnls were suppressed and destroyed. — Drome, by Collin, p. 66. Before the revolution, each town had its high-school," etc. 2 Cf. Marmontel, " Memoires," i., 16, for details of these customs ; M. Jules Simon found the same customs afterwards and describes them in the souvenirs of his youth. —La Chalotais, at the end of the reign of Louis XV., had already borne wimfss to the efficiency of the institution. "The people even want to study. Agriculturists and mechanics send their children to the schools in these small towns where living is cheap." — This rapid spread of higher education contributed a good deal towards bringing on the revolution. 172 THE MODERN REGIME. book hi. its property is confiscated, sold and destroyed, and the re- mainder in the hands of the State is not restored and again applied to its former service ; public education, worse treated than public charity, does not recover a shred of its former en- dowment. Consequently, in the last years of the Directory, and even early in the Consulate,' there is scarcely any instruction given in France ; in fact, for the past eight or nine years it has ceased,* or become private and clandestine. Here and there, a few returned priests, in spite of the intolerant law and with the connivance of the local authorities, also a few scat- tered nuns, teach in a contraband fashion a few small groups of Catholic children ; five or six little girls around a disguised Ursuline nun spell out the alphabet ia a back room ; ■* a priest without tonsure or cassock secretly receives in the evening two or three youths whom he makes translate the De Viris. — During the intervals, indeed, of the Reign of Terror, before the 13th of Vendemiaire and the i8th of Fructidor, sundry schools spring up again like tufts of grass in a mowed pasture-ground, but only in certain spots and meagrely; moreover, as soon as the Jacobin returns to power he stamps them out pertinaciously ;* I " Statistiques dcs prc'fets," I-^ Ire, by Dalphonse, year xii, p. 104: "The universi- ties, the colleges, the seminaries, the reli; lus establishments, the free schools are all destroyed ; vast plans only remain for ^i new system of education raised on their ruins. Nearly all of tliese rest unexecuted. . . . Primary schools have nowhere, one may say, been organized, and those which have been are so poor they had better not have been organized at all. With a pompous and costly system of public instruction, ten years have been lost for instruction." a Moniteur, x.xi., 644. (Session of Fructidor ig, year 11.) One of the members says: " It is very certain, and my colleagues see it with pain, that public instrCiction is null." — Fourcroy: "Reading and writing are no longer taught." — Albert Duruy, p. 208. (Report to the Directory executive. Germinal 13. year iv.) " For nearly six years no public instruction exists." — De LaSicotiere, " Histoire du college d'.'\len9on." p. 33: " In 1794. there were only two pupils in the college." — Lunet, " Histoire du coll&ge de Rodez," p. 157 : " The recitation-rooms remained empty of pupils and teachers from March 1793 to May 16. 1796." — "Statistiques des pr^fets," Eure, by Masson Saint- \mand. year xiii : " In the larger section of the department, school-houses existed with special endowments for teachers of both sexes. The school-houses have been alienated like other national domains ; the endowments due to religious corporations or establishments have been extinguished. — As to girls, that portion of society has suffered an immense loss, relatively to its education, in the suppression of religious commu- nities which provided them with an almost gratuitous and sufficiently steady instruc- tion." 3 My maternal grandmother learned how to read from a nun concealed in the cellar of the house. 4 Albert Duruy, ibid., 349. (Decree of the Directory, Pluviose 17, year v, and circu- CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 173 he wants to have teaching all to himself. — Now the institu- tion by which the State pretends to replace the old and free establishments makes a figure only on paper. One e'cole cen- trale in each department is installed or decreed, making eighty- eight on the territory of ancient France ; this hardly supplies the place of the eight or nine hundred high-schools {coireges)^ especially as these new schools scarcely live, being in ruin at the very start," poorly maintained, badly furnished, with no pre- paratory schools nor contiguous boarding-houses,^ the pro- gramme of studies being badly arranged and parents suspicious of the spirit of the studies.^ Thus, there is little or no attend- ance at most of the courses of lectures ; only those on mathe- matics are followed, particularly on drawing, and especially mechanical and geometrical drawing, probably by the future surveyors and engineers of roads and bridges, by building contractors and a few aspirants to the Ecole Polytechnique. As to the other courses, on literature, history, and the moral sciences, as comprehended by the Republic and imposed by it, these obtain not over a thousand auditors in all France ; instead of seventy-two thousand pupils, only seven or eight thousand seek superior education, while six out seven, instead lar of the minister Letourneur against free schools which are "dens of rnyalism and superstition."— Hence the decrees of tho authorities in the departments of Eure, Pas- de-Calais, Drome, Mayennc and La Manche, closing these dens ) " From Thermidor 27, year vi, to Messidor 2. year vii, say the authorities of La Manche, we have revoked fifty-eight teachers on their denunciation by the municipalities and liy popular clubs." 1 Archives nationales, cartons 3144 to 3145, No. 104. (Reports of the Councillor'; of State on mission in the year ix.) Report by Lacude on the first military division. Three central schools at Paris, one called the Qiiatre-Nations. " This school must be visited in order to form any idea of the state of destruction and dilapidation which all the national buildings are in. No repairs have been made since the reopening of the schools; everything is going to ruin. . . . Walls are down and the floors fallen in. To preserve t)ie pupils from the risks which the occupation of these buildings hourly presents, it is necessary to give lessons in rooms which are very unhealthy on account of their small dimensions and dampness. In the drawing-cla.ss the papers and models in the portfolios become mouldy." 2 Albert Duruy, i/'ui., 484. (" Procfesverbaux des conseils-g^ndraux," year ix, passim.) 3 //'/(/., 476. ("Statistiqucs des pr^fets." Sarthe, year x.) " Prejudices which it is difficult to overcome, as well on the stability of this school as on the morality of some of the teachers, prevented its being frequented for a time."— 48^. (Proci^s-verbaux des conseils-g^neraux," B.is-Rhin.) "The overthrow of religion has ex( itcd preju- dices against the central schools."— 482. (///., Lot.) " Most of the teachers in the central school took part in the revolution in a not very honorable way. Their repu- tation aflects the success of their teaching. Their schools are deserted." 174 THE MODERN REGIME. book iu. of seeking self-culture, simply prepare themselves for some practical pursuit.' It is much worse with primary instruction. The provision for this is enjoined on the local authorities. But, as they have no money, they generally shirk this duty, and, if the^ do set up a school, are unable to maintain it.'' On the other hand, as instruction must be laic and Jacobin, " almost everywhere," ^ the teacher is an outcast layman, a dethroned Jacobin, some old, starving clubbist without a situation, foul-mouthed and of ill-repute. Families, naturally, refuse to trust "their children with him; even when honorable, they avoid him; and the rea- son is that, in 1800, Jacobin and scamp have become synony- mous terms. Henceforth, parents desire that their children should learn to read in the catechism and not in the declara- 1 Albert Duruy, ibid.^ 194. (According to the reports of 15 central schools, from the year vi 10 the year viii.) The average for each central school is for drawing, 89 pupils; for mathematics, 28; for the classics, 24; for physics, chemistry and natural history, 19; for general grammar, 5 ; for history, 10; for legislation, 8: for belles-lettres, 6. — Rocquain, ibid . p. 29. (Reports of Fran9ais de Nantes, on the departments of the South-east.) "There, as elsewhere, the courses on general grammar, on belles-lettres, history and legislation, are unfrequented. Those on mathematics, chemistry, Latin, and drawing are oetter attended, because these sciences open up lucrative careers."— Ibid.^ p. 108. (Report by Barbe-Marboi on the Brittany departments.) 2 " Siatistiques des prefets," Meurihe, by Marquis, year xiii, p. 120. " In the com- munal schools of the rural districts, the fee was so small that the poorest families could contribute to the (teacher's) salary. Assessments on the communal property, besides, helped almost everywhere in providing the teacher with a satisfactory salary, so that these functions were sought after and commonly well fulfilled. . . . Most of the villages had Sisters of Saint-Vincent de Paul for instructors, or others well known under the name of Vatelottes." — '" The partition of communal property, and the sale of that assigned to old endowments, had deprived the communes of resources which afforded a fair compensation to schoolmasters and schoolmistresses. The product of the additional <-<■«// «/f.r scarcely sufficed for administrative expenses.— Thus, there is but little else now than people without means, who take poorly compensated places ; again, they neglect their schools just as soon as they see an opportunity to earn some- thing elsewhere." — Archives nationales. No. itxn, cartotis 3044 and 3145. (Report of the councillors of state on mission in the year ix.— First military division. Report of Lacude.) Aisne : " There is now no primary school according to legal institution." — The situation is the same in Oise, also in Seine for the districts of Sceaux and Saint- Denis. 3 Albert Duruy, 178. (Report drawn up in the bureaux of the ministry of the inte- rior, year viii.) " A detestable selection of those called instructors; almost eTerywhere, they are men without morals or education, who owe their nomination solely to a pre- tended civism, consisting of nothing but an insensibility to morality and propriety. . . . They affect an insolent contempt for the (old) religious opinions." — Ibid., p. 497. ^Procfes-verbaux des conseils-gendraux.) On primary school-teachers, Hdrault: "Most are blockheads and vagabonds."— Pas-de-Calais: "Most are blockheads or ignora- muses," CHAP. I. OBJhCT AND MERITS OF THE SYSTEM. ITS tion of rights:' as they view it, the old manual formed polished youths and respectful sons; the new one forms only insolent profligates and precocious, slovenly blackguards/ Conse- quently, the few primary schools in which the Republic has placed its creatures and imposed its educational system re- main three-quarters empty; in vain does she close the doors of those in which other masters teach with other books; fa- thers persist in their repugnance and distaste; they prefer for their sons utter ignorance to unsound instruction/ — A secular establishment, created and provided for by twenty generations of benefactors, gave gratis, or at a much lower rate, the first crumbs of intellectual food to more than 1,200,000 children/ It was demolished; in its place, a few improvised and wretched 1 Rocquain, 194. (Report by Fourcroy on the 14th military division, Manclie, Orne, Calvados.) " Besides bad conduct, drunkenness, and the immorality of many of these teachers, it seems certain that th2 lack of instruction in religion is the principal mo- tive which prevents parents from sending their children to these schools." — Archives rationales, /^;V/. (Report by Lacude on the ist military division.) "The teachers, male and female, who desired to conform to the law of Brumaire 3 and to the differ- ent rules prescribed by the central administration, on placing the constitution and the rights of man in the hands of their pupils, found their schools abandoned one after the other. The schools the best attended are those where the Testament, the cate- chism, and the life of Christ are used. . . . The instructors, obliged to pursue the line marked out by the government, could not do otherwise than carry out the prin- ciples which opposed the prejudices and habits of the parents; hence their loss of credit, and tli:; almost total desertion of the pupils." 2 "The Revolution," vol. iii., p. 81, note 2. 3 " Statistiqucs des prdfets," Mo<;clIe. (Analysis by Ferriere.) At Metz, in lySij, there were five free schools for young children, of which one was for boys and four for girls, kept by monks or nuns ; in the year xii there were none : " An entire genera- tion was given up to ignorance." /i;V/., Ain, by Bossi. 1808: "In 1800. there were scarcely any primary schools in the department, as in the rest of France." In 1808, there are scarcely thirty.— Albert Duruy, p. 480, 496. (Proces-verbau.x des conseils- geni^raux, year ix ) Vosges : "Scarcely any primary instruction."— Sarthe : "Pri- mary instruction, none." — Meuse-Inferieure : " It is feared that in fifteen years or so there will not be one man in a hundred able to write," etc. 4 These are the minimum figures, and they are arrived at through the following cal- culation. Before 1789, 47 men out of loo, and 26 women out of 100, that is to say ^6 or 37 persons in 100, received primary instruction. Now, according to the census from 1876 to 188 1 (official statistics of primary instruction, iii., xvi.), children from six to thirteen number about twelve per cent of the entire population. Accordingly, in 1789, out of a population of 26 millions, the children from 6 to 13 numbered 3,120,000. of whom 1.138,000 learned to read and write. It must be noted that, in 1800, the adult population had greatly diminished, and that the infantine population had largely in- creased. France, moreover, is enlarged by 12 departments (Belgium, Savoy, Com- tat, Nice), where the old schools had equally perished. — If all the old schools had been kept up, it is probable that the children who would have had primary instruction would have numbered nearly 1,400,000. 176 THE MODERN REGIME. book hi. barracks distributed here and there a small ration of mouldy and indigestible bread. Thereupon, one long, low murmur, a longtime suppressed, breaks out and keeps on increasing, that of parents whose children are condemned to go hungry; in any event, they demand that their sons and daughters be no longer forced, under penalty of fasting, to consume the patent flour of the State, that is to say a nauseous, unsatisfactory, badly-kneaded, badly-baked paste which, on trial, proves offen- sive to the palate and ruinous to the stomach. * VI. Another plaint is heard, deeper and more universal, that of all souls in which regret for their established church and forms of worship still subsists or is revived. In every religious system discipline and rites depend upon faith, for it is faith alone which suggests or prescribes these; they are the outcome and expansion of this; it attains its ends through these, and manifests itself by them; they are the exterior of which it is the interior; thus, let these be at- tacked and it is in distress; the living, palpitating flesh suffers through the sensitive epiderm. — In Catholicism, this epiderm is more sensitive than elsewhere, for it clings to the flesh, not alone through ordinary adhesiveness, the effect of adaptation and custom, but again through a special organic attachment, consisting of dogmatic doctrine; theology, in its articles of belief, has here set up the absolute necessity of the sacra- ments and of the priesthood ; consequently, between the superficial and central divisions of religion the union is com- plete. The Catholic sacraments, therefore, are not merely symbols; they possess in themselves "an efficacious power, a sanctifying virtue." " That which they represent, they really work out." ' If I am denied access to them, I am cut off from the fountains to which my soul resorts to drink in grace, par- I Saint Thomas, " Summa theologica," pars iii., questio 60 usque ad 85 : " Sacra- menta efficiunt quod figurant. . . . Sant necessaria ad salutem hominum. . . . Ab ipso verbo incarnata efficaciam habent. Ex sua institutione habent quod conferant gratiam . . . Sacramentum est causa gratix, causa agens, principalis et instrumen- talis." CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 177 don, purity, health and salvation. If my children cannot be regularly baptized, they are not Christians; if extreme unction cannot be administered to my dying mother, she sets out on the long journey without the viaticum; if I am married by the mayor only, my wife and I live in concubinage; if I cannot confess my sins, I am not absolved from them, and my burdened conscience seeks in vain for the helping hand which will ease the too heavy load; if I cannot perform my Easter duties, my spiritual life is a failure; the supreme and sublime act by which it perfects itself through the mystic union of my body and soul with the body, soul, and divinity of Jesus Christ, is wanting. — Now, none of these sacraments are valid if they have not been conferred by a priest, one who bears the stamp of a superior, unique, ineffaceable character, through a final sacrament consisting of ordination and which is conferred only on certain conditions; among other conditions, it is es- sential that this priest should have been ordained by a bishop; among other conditions, it is essential that this bishop' should have been installed by the Pope. Consequently, without the Pope there are no bishops; without bishops no priests; with- out priests no sacraments; without the sacraments no salva- tion. The ecclesiastical institution is therefore indispensa- ble to the believer. The canonical sacerdoce, the canonical hierarchy is necessary to him for the exercise of his faith. — He must have yet more, if fervent and animated with true old Christian sentiment, ascetic and mystic, which separates the soul from this world and ever maintains it in the presence of God. Several things are requisite to this end; and first, vows of chastity, poverty and obedience, that is to say, the steady and voluntary repression of the most powerful animal instinct and of the strongest worldly appetites; next, unceasing prayer, especially prayer in common, where the emotion of the pros- trate soul increases througli the emotion of the souls that sur- round it; in the same degree, active piety, meaning by this the doing of good works, education and charity, especially the accomplishment of repulsive tasks, such as attending the sick, I Except priests ordained by a bishop of the Greek church. 178 THE MODERN REGIME book hi. the infirm, the incurable, idiots, maniacs and repentant pros- titutes; finally, the strict daily rule which, a sort of rigorous and minute countersign, enjoining and compelUng the repeti- tion of the same acts at the same hours, renders habit the auxiliary of will, adds mechanical enthusiasm to a serious de- termination, and ends in making the task easy. Hence, com- munities of men and of women, congregations and convents, these likewise, the same as the sacraments, the sacerdoce and the hierarchy, form a body along with belief and thus con- stitute the inseparable organs of faith. Before 1789, the ignorant or indifferent Catholic, the peas- ant at his plow, the mechanic at his U'ork-bench, the good wife attending to her household, were unconscious of thir. in- nermost suture; thanks to the Revolution, they have acquired the sentiment of it and even the physical sensation. They had never asked themselves in what respect orthodoxy dif- fered from schism, nor how positive religion was opposed to natural religion; it is the civil organization of the clergy which has led them to distinguish the difference between the unsworn cure and the interloper, between the right mass and the wrong mass; it is the prohibition of the mass which has led them to comprehend its importance; it is the revolution- ary government which has transformed them into theologians and canonists.' Compelled, under the Reign of Terror, to sing I "The Revolution,"!. i6i.— Archives nalionales. ( Reports of the Directory com- missioners from the cantons and departments.— There are hundreds of these reports, of which the following are specimens )—F', 7108. (Canton of Passavent, Doubs, Ventose 7, year iv.) "The sway of rehgious opinions is much more extensive here than before the revolution, because the mass of the people did not concern them- selves about them, while nowadays they form among- the generality the subject of conversation and complaint."— F', 7127. (Canton of Gou.x, Doubs, Pluviose 13, year IV.) "The hunting down of unsworn priests, coupled with the dilapidation and destruction of the temples, displeased the people, who want a religion and a cult ; the government became hateful to them."— //'?"(/. (Dordogne, canton of Livrac, Ven- tose 13, year iv.) " The demolition of altars, the closing of the churches, had ren- dered the people furious under the Tyranny."— F', 7129. (Seine-Inferieure, canton of Canteleu, Pluviose 12, year iv.) "I knew enlightened men who, in the ancient reo-ime, never went near a church, and yet who harbored refractory priests."— Ar- chives nationales, cartons 3144- 3145, No. 1004. (Missions of the councillors of state in the year ix.) At this date, worship was everywhere established and spontaneously. " Under the law of Prairial 11, the unsworn priests were all recalled by their former parishioners. Their hold on the people is so strong that there is no sacrifice that they will not make, no ruse nor measures that they will not employ to keep them and elude the rigor of the laws bearing on them " — {Ibitl.y canton of Pontarliet, Pluviose 3, year iv.) "In the primary assemblies, the aristocracy, together with spite, have induced the ignorant people not to accept the constitution except on condition of the recall of their transported or emigrant priests for the exercise of their worship." — (//^/i unfortunate bishop on 12,000 francs salary."— The episcopal palaces are superb, but their furniiure is that of a village curd; one can scarcely find a chair in the finest room. — " The offi- ciating priests have not yet found a fixed salary in any commune. . . . The peasants ardently longed for their usual mass and Sunday service as in the past, but to pay for this is another thing." 2 Decrees of May 31 and Dccem. 26, 1804, assigning to the Treasury the salaries of 24,000 and then 30,000 assistant-priests. 3 Charles Nicolas, "le Budget de la France depuis Ic commencement du XIX* siiicle ;"' appropriation in 1807, 12,341,537 francs. 4 Decrees of Prairial 2, year xii, Nivosc 5. year xin, and Sep. 30, 1807. -Decree of Decem. 30, 1809 (.irticles 37, 39,40, 49 and ch. iv.)— Opinion of the council of state, May 19, 1811. 5 These are limited (articles organiques, 5) : " All ecclesiastical functions are gratui- tous except the authorized oblations fixed by the regulations." 190 THE MODERN REGIME. book hi. expenses of worship ; they are not prohibited from being liberal to it, not only during the services, on making col- lections, but in their houses, within closed doors, from hand to hand. Moreover, they have the right of making gifts or bequests before a notary, of establishing foundations in favor of seminaries and churches ; the foundation, after verification and approval by the Council of State, becomes operative ; only,' it must consist of state securities, because, in this shape, it helps maintain their value and the credit of the government ; in no case must it be composed of real estate \'' should the clergy become land-owners it would enjoy too much local influence ; no bishop, no cure must feel him- self independent ; he must be and always remain a mere func- tionary, a hired workman for whom the State provides work in a shop with a roof overhead, a suitable and indispensable atelier, in other words, the house of prayer well known in each parish as "one of the edifices formerly assigned to worship." This edifice is not restored to the Christian community, nor to its representatives ; it is simply " placed at the disposition of the bishop." ^ The State retains the ownership of it, or trans- fers this to the communes ; it concedes to the clergy merely the right of using it, and, in that, loses but little. Parish and cathedral churches in its hands are, for the most part, dead capital, nearly useless and almost valueless; through their struc- ture, they are not fitted for civil offices ; it does not know what to do with them except to make barns of them ; if it sells them it is to demolishers for their value as building material, and then at great scandal. Among the parsonages and gardens that have been surrendered, several have become communal prop- 1 Articles organiques, 73. 2 Ibi'ii., 74 : " Real properly other than dwellings with their adjoining gardens, shall not be held under ecclesiastical titles or possessed by ministers of worship by reason of their functions." 3 Opinion of the Council of State, January 22, 1805, on the question whether the com- munes have become owners of the churches and parsonages abandoned to them by the law of Germinal 18, year x (articles organiques). — The Council of State is of the opinion that "the said churches and parsonages must be considered as communal property." If the State renounces ownership in these liuildings it is not in favor of thc/abrigue. curd or bishop, but in favor of the commune. CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 191 erty,* and, in this case, it is not the State which loses its title but the commune which is deprived of its investment. In short, in the matter of available real estate, land or buildings, from which the State might derive a rent, that which it sets off from its domain and hands over to the clergy is of very little account. As to military service, it makes no greater conces- sions. Neither the Concordat nor the organic articles stipu- late any exemption for the clergy ; the dispensation granted is simply a favor ; this is provisional for the seminarians and only becomes permanent under ordination ; now, the government fixes the number of the ordained, and it keeps this down as much as possible ;^ for the diocese of Grenoble, it allows only eight in seven years.'' In this way, it not only saves conscripts, but again, for lack of young priests, it forces the bishops to appoint old priests, even constitutionalists, nearly all pension- ers on the treasury, and which either relieves the treasury of a pension or the commune of a subsidy.^ — Thus, in the re- construction of the ecclesiastical fortune the State spares it- self and the portion it contributes remains scanty ; it furnishes but little more than the architectural plan, a few of the larger stones and the permission or injunction to Iniild ; the rest con- cerns the communes and private individuals. They must 1 In 1790 and 1791 a mimher of communes had made offers for national property with a view to re-sell it afterwards, and much of this, remaining unsold, was on their hands. 2 .Articles organiques, 26. " The bishops will make no ordination before submitting the number of persons to the government for its acceptance." 3 " Archives de Grenoble." (Documents communicated by Mdlle. de Franclieu.) Letter of the bishop, Monseigncur Claude Simon, to the Mini>-ter of Worship, April 18, :8o9. " For seven years that I have been bishop of (Jrenoble, I have ordained thus far only eight priests; during this period I have lost at least one hundred and fifty. The survivors threaten me with a more rapid gap ; either they are infirm, bent with the weight of years, or wearied or overworked. It is therefore urgent that I be authorized to confer sacred orders on those who are old enough and have the neces- sary instruction. Meanwhile, you are limited to asking authorization for the first eight on the aforesaid list, of whom the youngest is twenty-four. ... I beg Your Excellency lo present the others on this list for the authorization of His Imperial Majesty."— fill/., October 6, 1811. "I have only one deacon and one subdeacon, whilst I am losing three or four priests monthly." 4 Articles organiques, 68, fig. "' The pensions enjoyed by the curds by virtue of the laws of the constituent assembly shall be deducted from their salary. The vicars and assistants shall be taken from the pensioned ecclesiastics according to the laws of the constituent assembly. The amount of these pensions and the product of oblations 'hall constitute their salary." 192 THE MODERN REGIME. book hi. exert themselves, continue and complete it, by order or spon- taneously and under its permanent direction. VIII. Such is its steady course, and which it applies to the re- organization of the other two collective fortunes. — As to chari- table institutions, under the Directory, the asylums and hospi- tals had their unsold property restored to them, and in the place of what had been sold they were promised national property of equal value.' But this was a complicated opera- tion; things had dragged along in the universal disorder and, to carry it out, the First Consul reduced and simplified it. He at once sets aside a portion of the national domain, several distinct morsels in each district or department, amounting in all to four millions of annual income derived from productive real-estate,^ which he distributes among the asylums, pro rata, according to their losses; he assigns to them, moreover, all the rents, in money or in kind, due for foundations to par- ishes, cures, /a^r/^//^^ and corporations; finally, " he applies to their wants " various outstanding claims, all national do- mains which have been usurped by individuals or communes and which may be subsequently recovered, " all rentals be- longing to the Republic, the recognition and payment of which have been interrupted."^ In short, he rummages every corner and picks out the scraps which may help them along; then, resuming and extending another undertaking of the Directory, he assigns to them, not merely in Paris, but in many other towns, a portion of the product derived from theatres and octrois." — Having thus increased their income, he applies him- 1 Laws of Venddmiaire 16, year v, and Ventose 20, year v. 2 Decree of Novem. 6, 1800. 3 Decisions of February 23, 1801, and June 26, 1801. (We find, through subsequent decisions, that these recoveries were frequently effected.) 4 Law of Frimaire 7, year v (imposing^ one decime per franc above the cost of a ticket in every theatre for the benefit of the poor not in the asylums). — Also the de- cree of Decern. 9, 1809. — Decisions of Vendemiaire 27, year vii, and the restoration of the Paris octroi, "considering that the distress of the civil asylums and the inter- ruption of succor at domiciles admit of no further deiay." — Also the law of Frimaire 19, year viii, with tlie addition of 2 decimes per franc to the octroi duties, established for the support of the asylums of the commune of Paris.— Paul Leroy-Beaulieu, *' Traite de la science des finances," i., 685. Many towns follow this example: " Two years had scarcely passed when there were 293 octrois in France." CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 193 self to diminishing their expenses. On the one hand, he gives them back their special servants, those who cost the least and work the best, I mean the Sisters of Charity. On the other hand, he binds them down rigidly to exact accounts; he sub- jects them to strict supervision; he selects for them competent and suitable administrators; he stops, here as everywhere else, waste and peculation. Henceforth, the public reservoir to which the poor come to quench their thirst is repaired and cleaned; the water remains pure and no longer oozes out; private charity may therefore pour into it its fresh streams with full security; on this side, they flow in naturally, and, at this moment, with more force than usual, for, in the reservoir, half-emptied by revolutionary confiscations, the level is always low. There remain the institutions for instruction. With respect to these, the restoration seems more difficult, for their ancient endowment is almost entirely wasted ; the government has nothing to give back but dilapidated buildings, a few scattered investments formerly intended for the maintenance of a col- lege scholarship,' or for a village schoolhouse. And to whom should these be returned since the college and the school- house no longer exist ? — Fortunately, instruction is an article of such necessity that a father almost always tries to procure it for his children; even if poor, he is willing to pay for it, if not too dear; only, he wants that which pleases him in kind and in quality and, therefore, from a particular source, bearing this or that factory stamp or label. If you want him to buy it do not drive the purveyors of it from the market who en- joy his confidence and who sell it cheaply; on the contrary, welcome them and allow them to display their wares. This is the first step, an act of toleration; the coiiseils-ge'nc'raux de- mand it and the government yields.' It permits the return 1 Law of Mcssidor 25, year v. — Alexis Chevalier, ibid., p. 185. (Decisions of Ther- midor 20, year xi, and Germinal 4. year xiii ) — I,aw of Decern 11, 1808 (article ist.) 2 Albert Duruy, " Tlnstruction publique ct la RC-voIution," p. 480 et seq. (" Procfs- verbaux des conseils pdneraux de Tan ix;" amongf others, the petitions from Gi- ronde, Ile-et-Vilaine. Maine-ct-Loire, Puy-de-Dome. Haute-Saone, Haute Vienna, la Manche, Lot-ct-Garonnc. Sarthc, Aisne, Aude, Cote-d'Or, Pasde-Calais, Basse- Pyrenees, Pyrenees-Oricnlalcs, and Lot.) 194 THE MODERN REGIME. BOOK III. of the Ignorantin brethren, allows them to teach and author- izes the towns to employ them; later on, it graduates them at its University: in 1810, they already possess forty-one school- houses and eight thousand four hundred pupils.* Still more liberally, it auchorizes and favors female educational congre- gations; down to the end of the empire and afterwards, nuns are about the only instructors of young girls, especially in primary education.— Owing to the same toleration, the upper schools are likewise reorganized, and not less spontaneously, through the initiative of private individuals, communes, bishops, colleges or pennsionnats, at Reims, Fontainebleau, Metz, Evreux, Sorreze, Juilly, La Fleche and elsewhere, small seminaries in all the dioceses. Offer and demand have come together; instructors meet the children half-way, and educa- tion begins on all sides. ^ Thought can now be given to its endowment, and the State invites everybody, the communes as well as private persons, to the undertaking. It is on their liberality that it relies for replacing the ancient foundations; it solicits gifts and legacies in favor of new establishments, and it promises " to surround these donations with the most invariable respect." ' Mean- while, and as a precautionary measure, it assigns to each its eventual duty;* if the commune establishes a primary school for itself, it must provide the tutor with a lodging and the parents must compensate him; if the commune founds a col- lege or accepts a lyc'e, it must pay for the annual support of the building,^ while the pupils, either day -scholars or 1 Alexis Chevalier, ibid., p. 182. (.According to statistical returns of the parent- establishment, rue Oudinot. — These figures are probably t'->o Inw.) 2 "Recueil des lois et reglemens sur I'enseignement sup^rieur." by A. de Beau- champ, i., 65. (Report by Fourcroy, April 20, 1802.) " Old schools, since the sup- pression of upper schools and universities, have taken a new extension, and a pretty large number of private institutions have been formed for the literary education of the young." 3 Ibid.^ 65 and 71. (Report by Fourcroy.) " As to the primary schools, the zeal of the municipalities must be aroused, the emalation of the functionaries excited, and charitable tendencies revived, so natural to the French heart and which will so promptly spring up when the religious respect of the government for local endow- ments becomes known." 4 Ibid.y p. 81. (Decree of May ist, 1802, titles 2 and 9.— Decree of Septem. 17, 1808, article 23.) 5 " Histoire du college des Bons-Enfans de I'universitd de Reims," by abbd Cauly, CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 195 boarders, pay accordingly. In this way, the heavy expenses are already met, and the State, the manager-general of the service, furnishes simply a very small quota; and this quota, mediocre as a rule, is found almost null in fact, for its main largess consists in six thousand four hundred scholarships which it establishes and engages to support; but it confers only about three thousand of them,' and it distributes nearly all of these among the children of its military or civil em- ployees, so that the son's scholarship becomes additional pay or an increased salary for the father; thus, the two millions which the State seems, under this head, to assign to the lycces are actually gratifications which it distributes among its func- tionaries and officials: it takes back with one hand what it be- stows with the other. This being granted, it organizes the University and maintains it, not at its own expense, however, but at the expense of others, at the expense of private persons and parents, of the communes, and above all at the expense of rival schools and private boarding-schools, of the free institutions, and all this in favor of the University monopoly which subjects these to special taxation as ingenious as it is multifarious.' — Whoever is privileged to carry on a private school mu^t pay from two to three hundred francs to the University; likewise, every person obtaining permission to lec- ture on literature or on science. Every person or faculty ob- taining a diploma for a public institution must pay from four to six hundred francs to the University; likewise every person p 641. — The lyc^e of Reims, decreed May 6. 1802. was not opened until the 24th of September. 1803. The town was to furnish accommodations for 150 pupils. It spent nearly 200,000 francs to put buildingrs in order. . . . This sum was provided, on the one hand, by a voluntary subscription which realized 45,000 francs and, on the other hand, by an additional tax. I Law of May i, 1802, articles 32, 33, and 34.— Guizot, " Essai sur IMnstruction pub- lique, i.. 59. " Bonaparte maintained and brought up in the lyct!es, at his own ex- pense and for his own ad vantag-e, about 3000 children . . . commonly selected from the sons of soldiers or from pnor families."— Fabry, " M^moires pour scrvir i I'his- toire de I'instruction publique," iii., 802. " Children of soldiers whose wives lived in Paris, the sons of office holders who were prevented by luxury from bringing up their families— such were the scholarships of Paris."—" In the provinces, the employees in the tax- and post-offices, with other nom.adic functionaries— such were the communal scholarships."— I, unet, " Histoire du coll^jjede Rodez," aig, 224. Out of 150 scholar- ships. 87 are filled, on the averafje. 1 '* Recueil," etc., by A. de Beauchamp, i, 171, 187, 192. (Law of September 17, 1808, article 27, and decision of April 7, 1809.) 196 THE MODERN REGIME. book 111. obtaining permission to lecture on law or on medicine.' Every student, boarder, half-boarder or day-scholar in any school, institution, seminary, college or lyce'e, must pay to the University one-twentieth of the sum which the establishment to which he belongs demands of each of its pupils. In the higher schools, in the faculties of law, medicine, science and literature, the students pay entrance and examination fees and for diplomas, so that the day comes when superior in- struction provides for its expenditures out of its receipts and even shows on its budget a net surplus of profit. The new University, with its expenses thus defrayed, will support itself alone; accordingly, all that the State really grants to it, as a veritable gift, in ready cash, is four hundred thousand francs annual income on the public ledger, a little less than the do- tation of one single college, Louis-le-Grand, in 1789;^ it may even be said that it is exactly the fortune of the old college which, after being made use of in many ways, turned aside and with other mischances, becomes the patrimony of the new University.^ From high-school to University, the State has effected the transfer. Such is its munificence. This is es- pecially apparent in connection with primary instruction; in 181 2, for the first time, it allows twenty-five thousand francs for this purpose, of which only four thousand five hundred are received.^ Such is the final liquidation of the great collective fortunes. A settlement of account's, an express or tacit bargain, inter- venes between the State and all institutions for instruction, 1 Ibid. Masters of private schools and hesds of institutions must pay additionally every year one-quarter of the sums above fixed. (Law of Spp. 17, 1808, article 25. Law of March 17, 1808, title 17. — Law of February 17, 1809.) 2 Ibid.^ i., 189. (Decree of March 24, 1808, on the endowment of the University.) 3 Emond, " Histoire du college Louis-le-Grand," p. 238. (This college, previous to 1789, enjoyed an income of 450,000 livres.) — (iuizot, ?7'/V/ , i., 62. — This college was maintained during the revolution under the name of the " Prytande fran9ais " and re- ceived in 1800 the property of the University of Louvain. Many of its pupils en- listed in 1792, and were promised that their scholarships should be retained for them on their return; hence the military spirit of the " Prytan^e."— By virtue of a decree, March 5. 1806, a perpetual incoine of 400.000 francs was transferred to the Prytande de Saint-Cyr. It is this income which, by the decree of March 24, 1818, becomes the en- dowment of the imperial University. Henceforth, the expenses of the Prytande de SaintCyr are assigned to the war department. 4 Alexis Chevalier, ibid.^ p. 265. Allocution to the " Ignorantin " brethren. CHAP. 1. OBJI^XT AA'D MERITS OF THE SYSTEM. 197 worship and charity. It has taken from the poor, from the young and from believers, five milliards of capital and two hundred and seventy millions of revenue;' it gives back to them, in public income and treasury interest, about seventeen millions per annum. As it possesses the power and makes the law it has no difficulty in obtaining or in giving itself its own discharge; it is a bankrupt who, ha\ ing spent his credit- ors' money, bestows on these si.x per cent, of their claim by way of alms. Naturally, it turns to account the opportunity for bringing them under its strict and permanent dependence, in adding other claims to those with which the old monarchy had al- ready burdened the corporations that administered collective fortunes. Napoleon increases the weight of these chains and screws them tighter; not only does he take it upon himself to impose order, probity, and economy on the administrators, but, again, he appoints them, dismisses them, and prescribes or authorizes each of their acts; he puts words in their mouths; he wants to be the great bishop, the universal genius, the sole tutor and professor, in short, the dictator of opinion, the creator and director of every political, social and moral idea throughout his empire. With what rigidity and pertina- cious intent, with what variety and convergency of means, with what i)lenitude and certainty of execution, with what detriment and with what danger, present and to come, for corporations, for the i)ublic, for the State, for himself, we shall see presently; he himself, living and reigning, is to real- ize this. For his interference, pushed to extremes, is to end in encountering resistance in a liodv which he considers as his own creature, the Churcli: here, forgetting that she has roots of her own, deep down and out of his reach, he carries off the Pope, holds him captive, sends cardinals into the interior, im- I "The .Ancient Rdpime," pp. 13-15 —"The Revolution," iii., p. 54— Alexis Cheva- lier, " Les Kieres des ^coles chr^tiennes," p. 341. " Before the revolution, the revc- nu-s of public instruction exceeded 30 millions."— Peuchet, " Stalistique el-hed by M. Alexis Chevalier, former director of public chari- ties. The total amount of Icf^facifS and bequests is as follows : ist. Asylums and hos- pitals, from January i, 1800, to December 31, 1845. 72,593.360 francs; from January i, 1846, to December 31, 1855, 37,107,812; from Janua^ry i, 1856, to December 31. 1877,121,- 197,774— in all, 230,898.346 francs — 2d. Charity bureaux. From January i, 1800, to December 31, 1845. 49.911,090; from January i, 1846, to December 31, 1873, 115,629.925; from January i, 1874, to December 31, 1877, 19,261,065— in all, 184,802,080 francs. Sum total, 4i;,7ni,o:!A francs. 3 According to the statements of M. de Watteville and M. dc Gasparin. 4 Report by Fourcroy, annexed to the* exposition of the empire and presented to the Corps I,dg-islatif, March 5, 1806. 5 "Coup d'ocil gt'ndral sur I'education et rinstrnction publique en France," by Basset, censor of studies at Charlemagne college (1816),— p. 21. 200 THE MODERN REGIME. book hi. pupils, three hundred and sixty-eight colleges with twenty- eight thousand pupils, forty-one small seminaries with five thousand two hundred and thirty-three pupils, one thousand two hundred and fifty-five boarding-schools and private insti- tutions with thirty-nine thousand six hundred and twenty- three pupils, and twenty-two thousand three hundred and forty-eight primary schools with seven hundred and thirty- seven thousand three hundred and sixty-nine scholars; as far as can be gathered, the proportion of men and women able to read and to sign their name is raised under the empire up to and beyond the figures it had reached previous to 1789.' Thus are the greatest dilapidations repaired. The three new machines, with a different mechanism, do the service of the old ones and, at the expiration of twenty-five years, give an almost equal return. — In sum, the new proprietor of the great structure sacked by the Revolution has again set up the indispensable apparatus for warming, lighting and ventilation; as he knows his own interests perfectly, and is poorly off in ready money, he contributes only a minimum of the expense; in other respects, he has grouped together his tenants into- syndicates, into messes in apartments, and, voluntarily or in- voluntarily, he has put upon them the burden of cost; in the mean time, he has kept the three keys of the three engines in his own cabinet, in his own hands, for himself alone; hence- forth, it is he who distributes throughout the building, on each story and in every room, light, air and heat; if he does not distribute the same quantity as formerly he at least distributes whatever is necessary; the tenants can, at length, breathe com- fortably, see clearly and not shiver; after ten years of suffoca- tion, darkness and cold they are too well satisfied to wrangle with the proprietor, discuss his ways, and dispute over the monopoly by which he has constituted himself the arbitrator of their wants. — The same thing is done in the material order I " Statistique de I'enseignement primaire." ii.. cciv. (From 1786 to 1789, 47 out of 100 married men and 26 married women out of a hundrfd signed iheir marriage con- tract. From 1816 to 1820, the figures show 54 husbands and 34 wives. t — Morris Bir- beck, "Notes of a Journey through France in July, August and September 1814." p. 3; (London, 1815). " I am told that all the children of the laboring classes learn to* read, and are generally instructed by their parents." CHAP. I. OBJECT AND MERITS OF THE SYSTEM. 20I of things, in relation to the highways, dikes, canals, and struc- tures useful to the people: here also he repairs or creates, through the same despotic initiative, with the same economy,' the same apportionment of expense," the same spontaneous or forced aid to those interested, the same piactical cffiCacy/ In short, if we take things as a whole, and if wc olTset the worse with the better, it may be said that the French people have recovered possessions of which they had stood in need since 1789— internal peace, public tranquillity, administrative regularity, impartial justice, a strict police, security of persons, property and consciences, liberty in private life, enjoyment of one's native land, and, on leaving it, the privilege of coming back; the satisfactory endowment, gratuitous celebration and full exercise of worship; schools and instruction for the young; beds, nursing and assistance for the sick, the indigent and for foundlings; the maintenance of roads and public buildings. Of the two groups of cravings which troubled men in 1800, the first one, that which dated from the Revolution, has, towards 1808 or 1810, obtained reasonable satisfaction. 1 Madame de Rdmusa'., i., 243. (Journey in the north of France and in Belgium with tlie First Consul, 1803.) " On journeys of this kind he was in the habit, after obtaining- information about the public buildings a town needed, to order them as he psissed along, and, for this munificence, he bore away the bUssings of the peo- ple." — Some time after this a letter came from the minister of the interior : " In con- formity with the favor extended to you by the First Consul (later, emperor) you are required, citizen mayor, to order the construction of this or th,it building, taking care to charge the expenses on the funds of your commune," and which the prefect of the department obliges him to do, even when available funds are exhausted or otherwise applied. 2 Thiers, viii., 117 (August 1807) and 124. 13.400 leagues of highways were under- taken or repaired; 10 canals were undertaken or continued, at the expense of the public treasury; 32 dcp.Mrimcnts contribute to the expense of these through the extra centimes tax. which is imposed on them. The State and the department, on the aver- age, contribute each one-half. — Among the material evils caused by the Revolution, the most striking and the most seriously felt was the abandonment and running down of roads which had become impracticable, also the still more formidable degeneracy of the dikes and barriers against rivers and the sea. (Cf. in Rocquain. " Etat dc la France au 18 Brumaire," the reports of Fran9ais de Nantes, Fourcroy, Barbed- Mar- bois. etc.) — The Directory had imagined barrriers with toll-gates on each road to pro- vide expenses, which brought in scarcely 16 millions to offset 30 and 35 millions of expenditure. Napoleon substitutes for these tolls the product of the s,ilt-lax. (De- cree of April 24, 1806, art. 59.) 3 "Mdmoircs." by M. X . i., 380. "Scarcely two or three highways re- mained in decent order. . . . Navigation on the rivers and canals became impossible. Public buildincs and monuments were everywhere falling to ruin. . . . If the ra. pidity of destruction was prodigious, that of restoration was no less so." CHAPTER 11. I, What people craved previous to the Revolution. — Lack of distribu- tive justice. — Wrongs committed in the allotment of social sacrifices and benefits. — Under the Ancient Regime. — During the Revolution. — Napo- leon's personal and public motives in the application of distributive justice. — The circumstances favorable to him. — His principle of apportionment. — He exacts proportion in what he grants. — H. The apportionment of charges. — New fiscal principle and new fiscal machinery. — HI. Direct real and personal taxation. — In what respect the new machinery is superior to- the old. — Full and quick returns.— Relief to taxpayers. — Greater relief to the poor workman and small farmer. — IV. Other direct taxes. — Tax on business licenses. — Tax on real-estate transactions. — The earnings of manual labor almost exempt from direct taxation. — Compensation on another side. — Indirect taxation. — In what respect the new machinery is superior to the old. — Summary effect of the new fiscal regime. — Increased receipts of the public treasury. — Lighter burdens of the taxpayer. — Change in the condition of the small taxpayer. — V. Military service. — Under the Ancient Regime. — The militia and regular troops. — Number of soldiers. — Quality of the recruits. — Advantages of the institution. — Results of the new system. — The obligation universal. — Comparison between the burdens of citizens and subjects. — The Conscription under Napoleon. — He lightens and then increases its burdensomeness. — What it became after him. — The law of 1818. The other group, long before 1789, comprises the cravings which survive the Revolution, because the Revolution has not satisfied these, and first, the most tenacious, the most profound, the most inveterate, the most frustrated of all, namely the crav- ing for distributive justice. — In political society, as in every other society, there are burdens and benefits to be allotted, and when the apportionment of these is equitable, it takes place According to a very simple, self-evident principle : it is neces- sary, that for each individual the burdens should be propor- tionate to the benefits and the benefits to the burdens, so 202 CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 203 that, for each one, the final expense and the final receipt may exactly compensate each other, the larger or smaller quota of expense being always equal to the larger or smaller quota of benefit. Now, in France, this proportion had been want- ing for many centuries ; it had even given way to the inverse proportion. If, towards the middle of the eighteenth century, two sum-totals of the budget, material and moral, had been calculated, assets on one side and liabilities on the other, on the one hand the sum of the apportionments exacted by the State, taxes in ready money, enforced labor, military service, civil subordination, every species of obedience and subjection, in short, every sacrifice of leisure, comfort and self-love ; on the other hand the sum of dividends distributed by the State of whatever kind or shape, security for persons and property, use and convenience of roads, delegations of public authority and liens on the public treasury, dignities, ranks, grades, hon- ors, lucrative salaries, sinecures, pensions, and the like, that is to say, every gratification belonging to leisure, comfort, or self- love — one might have calculated that the more a man con- tributed to the receipts the less would his dividend be, and the greater his dividend the less would he furnish to the general contribution. Consequently, every social or local group con- sisted of two other groups : a majority which suffered for the benefit of the minority, and a minority which benefited at the expense of the majority, to such an extent that the priva- tions of the greatest number defrayed the luxury of the small number, this being the case in all compartments as on every story, owing to the multitude, enormity and diversity of honorific or useful privileges, owing to the legal prerogatives and effec- tive preferences by which the court nobles benefited at the expense of the provincial nobility, the noblesse at the expense of plebeians, prelates and beneficiaries at the expense of poorly- paid cures and vicars, the two higliest orders of the clergy at the expense of the third, the bourgeoisie at the expense of the people, the towns at the expense of the rural districts, this or that town or province at the expense of the rest, the artisan member of a corporation at the expense of the free workman, and, in general, the strong, more or less well-to-do. 204 THE MODERN R&GIME. book hi. in league and protected, at the expense of the weak, more or less needy, isolated and unprotected {ind'fendus)} One hundred years before tlie Revolution a few clairvoyant, open-hearted and generous spirits had already been aroused by this scandalous disproportion;" finally, everybody is shocked by it, for, in each local or social group, nearly everybody is a suf- ferer, not alone the rustic, the peasant, the artisan, and the plebeian, not alone the citizen, the cure and tlie bourgeois "notable," but again the gentleman, the grand seignior, the prelate and the King himself,' each denouncing the privileges of all others that affect his interests, each striving to diminish another's share in the public cake and to keep his own, all con- curring in citing natural right and in claiming or accepting as a principle liberty and equality, but all concurring in miscon- ception and solely unanimous in destroying and in allowing destruction,^ to such an extent that, at last, the attack being universal and no defence anywhere, social order itself per- ishes, entirely owing to the abuses of it. 1 " The Ancient Regime," bonk ii., ch. 2, 3, 4, and hook v. 2 La Rruyfere is, I believe, the first of these precursors. Cf. his chapters on ''The Great." on '" Personal Merit," on '' The Sovereign and the Republic," and his chapter on" Man," his pass:iges on "The Peasants," on " Provincial Notes," etc. These ap- peals, later on, excite the applause given to the "' Marriage of Figaro." But, in the anticipatory indictment, they strike deeper ; there is no gayety in them, the dominant sentiment being one of sadness, resignation, and bitterness. 3 " Discours prononc^ par I'ordre du roi et en sa presence, le 22 f^vrier 1787," by M. de Calonne, controleur-g^n^ral, p. 22 " What remains then to fill this fearful void (in the finances)? Abuses. The abuses now demanding suppression for the public weal are the most considerable and the best protected, those that are the deepest rooted and which send out the most branches. They are the abuses which weigh most heavily on the working and producing classes, the abuses of financial privileges, the exceptions 10 the common law and to so many unjust exemptions which relieve only a portion of the taxpayers by aggravating the lot of the others ; general inequality in the distribution of subsidies and the enormous disproportion which exists in the taxation of different provinces and among the offices filled by subjects of the same sovereign ; severity and arbitrariness in the collection of the taille ; bureaux of internal transportation, and obstacles that render different parts of the same kingdom strangers to each other; rights that discourage industry; those of which the collection requires excessive expenditure and innumerable collectors." 4 De S^gur, " Memoires," iii.. 591. In 1791, in his return from Russia, his brother says to him, speaking of the Revolution : " Everybody, at first, wanted it. . . . From the king down to the most insignificant man in the kingdom, everybody did some- thing to help Italonj; one let it come on up to his shoe-buckle, another up to his garter, another to his waist, another to his breast, and some will not be content until their head is attacked !" CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 205 On the reappearance of the same abuses, the lack of dis- tributive justice in revolutionary France became still more ap- parent than in monarchical France. Through a sudden trans- position, the preferred of the former regime had become the disgraced, while the disgraced of the former regime had be- come the preferred; unjust favor and unjust disfavor still subsisted, but with a change of object. Before 1789, the nation was subject to an oligarchy of nobles and notables; after 1789, it became subject to an oligarchy of Jacobins big or little. Before the Revolution, there were in France three or four hundred thousand privileged individuals, recognizable by their red heels or silver shoe-buckles ; after the Revolution, there were three or four hundred thousand of the privileged, recognizable by their red caps or \\\t\\ carmagnoles. Most privileged of all, the three or four thousand verified nobles, presented at court and of racial an- tiquity, who, by virtue of their parchments, rode in the royal carriages, were succeeded by three or four thousand Jacobins of a fresh sprout, no less verified and accepted, who, by virtue of their civic patent, sat in the club of the rue Saint-Honore ; and the latter coterie was still more dominant, more exclusive, more partial than the former one. — Consequently, before the Revolution, the burden of taxation was light for the rich or the well-to-do, crushing for the peasants or the common people ; after the Revolution, on the contrary, the peasants, the common people, paid no more taxes,' while from the rich and the well-to-do the government took all, not alone their income but their capital. — On the other hand, after having fed the court of Versailles, the public treasury had to feed the rabble of Paris, still more voracious ; and, from 1793 to 1796, the maintenance of this rabble cost it twenty-five times as much as, from 1783 to 1786, the maintenance I " The Revolution," pp. 27i-27g. Stourm. " Les Finances de I'ancien rdcfime et de la Revolution," i., 171 to T77.— (Report by Ramel. January 31. 1796.) " One would scarcely believeit — the holders of real-estate now owe the public treasury over 13 milliards " — (Report by Gaudin, Germinal, year x. on the asspssment .nnd rollection of direct taxes.) " This state of things constituted a permanent, annual deficit of 200 millions." 2o6 THE MODERN REGIME. BOOK III. of the court' Finally, al Paris as at Versailles, the subor- dinates who lived on the favored spot, close to the central manger, seized on all they could get and ate much more than their allowance. Under the ancient regime, " the ladies of honor, every time they travel from one royal country-house to another, gain eighty per cent, on the cost of the journey," while the queen's first chambermaid gains, over and above her wages, thirty-eight thousand francs a year out of the sales of half-burnt candles." Under the new regime, in the distri- bution of food, " the matadors of the quarter," the patriots of the revolutionary committees, deduct their portions in advance, and a very ample portion, to the prejudice of the hungry who await their turn, one taking seven rations and another twenty.* Thus did the iniquity subsist; in suppressing it, they had simply made matters worse; and had they wished to build per- manently, now was the time to stop it entirely; for, in every social edifice such a defect puts things out of the perpen- dicular. Whether the plumb-line deflects right or left is of little consequence; sooner or later the building falls in, and thus had the French edifice already fallen twice, the first time in 1789, through imminent bankruptcy and hatred of the ancient regime, and the second time in 1799, through real bankruptcy and hatred of the Revolution. An architect like the French Consul is on his guard against a financial, social and moral danger of this sort. He is aware that, in a well-organized society, there must be neither sur- charge nor discharge, no favors, no exemptions and no exclusions. Moreover, '' VEtat cest luiT ' thus is the public 1 " The Ancient R^g-ime," p. 90, and " The Revolution," p. 407. (About 1,200 mil- lions per annum in bread for Paris, instead of 45 millions for the civil and military household of the Kins: at Versailles ) 2 "Th- Ancient R(i!rime," p. 68 —Madame Campan, " Mdmoires," i., 291, 292. 3 "The Revolution." ii., 151, and iii., 500. 4 "Mdmori.-d " fNapoleon's own words.) " Vhe day when, adopting the unity and concentration of power, which could'alone save us, . . . the destinies of France depended solely on the character, measures and conscience of him who had been clothed with this accidental dictatorship— beginninj^ with that day, f>tihlic ci;ff'ntrs, that is to sny the State, was myself. ... I was the keystone of an entirely new bnildinsr. and how sligflit the foundation! Its destiny depended on each of my battles. Had I been defeated at Marengo you would have then had a complete 1814 and 1815." CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 207 interest confounded with his personal interest, and, in the management of this double interest, his hands are free. Pro- prietor and first inhabitant of France in the fashion of its former kings, he is not tied down and incommoded as they were by immemorial precedents, by the concessions they have sanc- tioned or the rights they have acquired. At the public table over which he presides and which is his table, he does not, like Louis XV. or Louis XVL, encounter messmates already installed there, the heirs or purchasers of the seats they occupy,' extending in long rows from one end of the room to the other, each in his place according to rank, in an arm-chair, or common chair, or on a footstool, all being the legitimate and recognized owners of their seats, all of them the King's messmates and all authorized by law, tradition and custom to eat a free dinner or pay for it at less than cost, to find fault with the dishes passed around, to reach out for those not near by, to help themselves to what they want and to carry off the dessert in their pockets. At the new table there are no places secured beforehand. It is Napoleon him- self who arranges the table, and on sitting down, he is the master who has invited whomsoever he pleases, who assigns to each his portion, who regulates meals as he thinks best for his own and the common interest, and who introduces into the entire service order, watchfulness and economy. Instead of a prodigal and negligent grand-seignior, here at last is a modern administrator who orders supplies, distributes portions and limits consumption, a contractor who feels his responsi- bility, a man of business able to calculate. Henceforth, each is to pay for his ])ortion, estimated according to his ration, and each is to enjoy his ration according to his quota. — Judge of this by one example. There must be no more parasites in his house, at the centre of abuses and sinecures. From the grooms and scullions of his palace up to its grand officials, I Reucrnot, " Mt'moires," ii., 317. " To be dressed, taxed, and ordered to take up arms, like most folks, seemed a punishment as soon as one had found a privilege with- in reach," such, for example, as the title of " d^chireur de bateaux''^ (one who con- demns unseaworthy craft and profits by it^ or inspector of fresh butter (using his fin- gers in tasting it), or tide-waiter and inspector of salt fish. These tiiles raised a man above the common level, and there were over twenty thousand of them. 2o8 THE MODERN REGIME. BOOK III. even to the chamberlains and ladies of honor, all his domes- tics, with or without titles, work and perform their daily tasks in person, administrative or decorative, day or night, at the appointed time, for exact compensation, without pickings or stealings and without waste. His train and his parades, as pompous as under the old monarchy, admit of the same ordi- nal y and extraordinary expenses — stables, chapel, food, hunts, journeys, private theatricals, renewals of plate and furniture, and the maintenance of twelve palaces or chateaux. While, under Louis XV., it was estimated that " coffee with one roll for each lady of honor cost the King 2,000 livres a year," and under Louis XVL, " the grand broth night and day" which Madame Royale, aged two years, sometimes drank and which figured in the annual accounts at five thousand two hundred and one livres," under Napoleon " in the pantries, in the kitchens, the smallest dish, a mere plate of soup, a glass of sugared water, would not have been served without the authorization or check of grand-marshal Duroc. Every abuse is watched; the gains of each are calculated aud regulated beforehand." * Consequently, this or that journey to Fontainebleau which had cost Louis XVL nearly two million livres, cost Napo- leon, with the same series of fetes, only one hundred and fifty thousand francs, while the total expense of his civil house- hold, instead of amounting to twenty-five million livres, re- mains under three million francs.' The pomp is thus equal, but the expense is ten times less; the new master is able to derive a tenfold return from persons and money, because he squeezes the full value out of every man he employs and every crown he spends. Nobody has surpassed him in the ait of turning money and men to account, and he is as shrewd, as careful, as sharp in procuring them as he is in profiting by them. 1 See " The Ancient Regime," p. 129. 2 Madame de R^musat, " M^moires," iii . 316, 317. 3 De Beausset, " Ini^rieur du palais de Napoleon " i., p. 9 et seq. For the year 1805 the total expense is 2,338.167 francs; for the year 1806 it reaches 2,770.861 francs, be- cause funds were assigned " for the annual ausfinentation of plate, i.roo silver plates and other objects."-" Napoleon knew, every New Year's day. what he expended (for his household) and nobody ever dared overpass the credits he allowed." CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 209 II. To this end, in the assignment of public burdens and of public offices, he applies the maxims of the new system of rights, while his practice conforms to his theory; social order, which, according to the philosophers, is the only just one in itseif, hajjpens, singularly, to square with his advantage for the time being ; he adds ecpiity because ecpiity is profitable to him. — And first, in the matter of public burdens, there shall be no more exemptions. To relieve any category of taxpayers or of conscripts from taxation or from military service would annually impoverish the treasury by so many millions of crowns, and diminish the army by so many thousands of soldiers. Napoleon is not the man to deprive himself gratuitously of either a soldier or a franc ; above all things, he wants his army complete and his treasury full ; to supply their deficits he seizes whatever he can lay his hands on, both taxable material as well as recruitable material. But all material is limited ; if he took too little on the one hand he would be obliged to take too much on the other; it is impossible to relieve these without oppressing those, and oppression, especially in the mat- ter of taxation, is what, in 1789, excited the \\x\\\QX?>di\ jacquerie, perverted the Revolution, and broke France to pieces. — At present, in the matter of taxation, distributive justice lays down a universal and fixed law ; whatever the property may be, large or small, and of wliatever kind or form, whether lands, buildings, indebtedness, ready money, jirofits, incomes or sal- aries, it is the State which, through its laws, tribunals, police, gendarmes and army, preserves it from ever-ready aggression within and without ; the State guarantees, procures and ensures the enjoyment of it; consequently, property of every species owes the State its premium of assurance, so many centimes on the franc. Tlie quality, the fortune, the age or the sex of the owner is of little importance ; each franc assured, no matter in whose hands, must jxay tlie same number of cen- times, not one too much, not one too little. — Such is the new- principle. To announce it is easy enough ; all that is necessary 2IO THE MODERN REGIME. BOOK in. is to combine speculative ideas, and any Academy can do that. The National Assembly of 1789 had proclaimed it with the rattling of drums, but merely as a right and with no practical effect. Napoleon turns it into a reality, and henceforth the ideal rule is applied as strictly as is possible with human material, thanks to two pieces of fiscal machinery of a new type, superior of their kind, and which, compared with those of the ancient regime, or with those of the Revolution, are masterpieces. III. The collection of a direct tax is a surgical operation per- formed on the taxpayer, one which removes a piece of his substance; he suffers on account of this and submits to it only because he is obliged to. If the operation is performed on him by other hands he submits to it voluntarily or not ; but, if he has to do it himself, spontaneously and with his own hands, it is not to be thought of. On the other hand, the collection of a direct tax according to the prescriptions of distributive justice, is a subjection of each taxpayer to an amputation proportionate to his bulk or, at least, to his sur- face; this requires delicate calculation and is not to be en- trusted to the patients themselves, for, not only are they surg- ical novices and poor calculators, but, again, they are inter- ested in calculating falsely. They have been ordered to assess their group with a certain total weight of human substance, and to apportion to each individual in their group the lighter or heavier portion he must provide; consequently, each very soon comprehends that, the more that is cut from the others, the less will be required of him: now, as each is more sensitive to his own suffering, although moderate, than to another's suf- fering, even excessive, each, therefore, be his neighbor little or big, is inclined, in order to unjustly diminish his own sacrifice by an ounce, to add a pound unjustly to that of his neighbor. — Up to this time, in the construction of the fiscal machine, nobody knew or had been disposed to take into account such natural and powerful sentiments ; through negligence or through optimism, the taxpayer had been introduced into the CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 211 mechanism in the quality of first agent; before 1789, in the quality of a responsible and constrained agent; after 1789, in the quality of a voluntary and philanthropic agent. Hence, before 1789, the machine had proved mischievous, and after 1789, impotent ; before 1789, its working had been almost fatal,' and after 1789 its returns scarcely amounted to any- thing.* Finally, there are independent, special and competent operators, enlightened by local reporters, but withdrawn from local influences, all of them appointed, paid and supported by the central government, forced to act impartially by the appeal of the taxpayer to the council of the prefecture, forced to keep correct accounts by the final auditing of a special court {cour dcs comptes), interested, through the security they have given as well as by commissions, in the integral recovery of unpaid arrears and in the prompt returns of collected taxes, all, assessors, auditors, directors, inspectors and collectors, being good accountants watched by good accountants, kept to their duties by fear, made aware that embezzlements, lucrative under the Directory,' are punished under the Con- sulate," soon led to considering necessity a virtue, to prid- ing themselves inwardly on compulsory rectitude, to im- X "The Ancient Regime," pp. 350-357. 2 "The Revohition," pp. 276-281. — Stourm, ibid., 168-171. (Speech 'by Bdnard- Lagrave to the Five Hundred, PluviOse 11, year iv.) " It cannot be concealed that, for many years, people were willingly accustoming themselves to the non-payment of taxes." 3 Stourm, ibid., ii., 365. (Speech of Oianam to the Five Hundred, PluviOse 14, year vn.) " Scandalous traffic. . . . Most of the (tax) collectors in the republic are heads and managers of banks." — (Circular of the minister of the finances, Flordal 25 year vii.) "Stock-jobbing of the worst kind to which many collectors give themselves, up, using bonds and oilier public securities received in payment of la.xes."— (Report by Gros-Cassaud Florimond, Sep. 19, 1799.) " Among the corruptible and corrupting agents there are only too many public functionaries." — Mollien, " M^moires," i., 272. (In 1800, he had just been appointed director of the sinking-fund.) " The common- place compliment which was everywhere paid to me (and even by statesmen who affected the sternest morality) was as follows— you are very fortunate to have an office in which one may lt\i;itiiiiatclY accumulate the largest fortune in France."— Cf. Rocquain, " Elat de la France au iS Brumaire." (Reports by Lacude, Fourcroy and Barbc-Marbois.) 4 Charlotte de Sohr, " Napoldon en Belgique et en Hollande," 1811, vol. i., 243. (On a high functionary condemned for forgery and vvhnm Napoleon kept in prison in spue of every solicitation.) " Never will I pardon those who squander the public funds. . . . Ah ! f>arbleu ! We should have the good old limes of the contractors worse than ever if I did not show myself inexorable for odious crimes." 212 THE MODERN REGIME. book ill. agining they had a conscience and hence to acquiring one, in short, to voluntarily imposing on themselves probity and exactitude through amour-propre and honorable scruples. — For the first time in ten years lists of taxes are prepared and their collection begun at the beginning of the year.' Pre- vious to 1789, the taxpayer was always in arrears, while the treasury received only three-fifths of that which was due in the current year;^ after 1800, direct taxes are nearly always fully returned before the end of the current year, and half a century later, the taxpayers, instead of being in arrears, are often in advance.^ To do this work required, before 1789, about two hundred thousand collectors, besides the adminis- trative corps,* occupied one half of their time for two succes- sive years in running from door to door, miserable and de- tested, ruined by their ruinous office, fleecers and the fleeced, and always escorted by bailiffs and constables; since 1800, from five thousand to six thousand collectors, and other fiscal agents, honorable and respected, have only to do their office- work at home and make regular rounds on given days, in order to collect more than double the amount without any vexation and using very little constraint; before 1780, direct taxation brought in about one hundred and seventy millions;'' after the year xi, it brought in three hundred and sixty millions.* 1 Stourm, ihid..\., 177. (Report byGaudin, Sep. 15, 1799.) "A few (tax) rolls for the year v, and one-third of those for the year \ 11, are behindhand."'— (Report by the same, Germinal i, year x.) " Everything remained to do. on the advent of the con- sulate, for the assessment and collection of direct taxes ; 35.000 rolls for the year vii still remamed to be drawn up. With the help of the new office, the rolls for the year VII have been completed ; those of the year viii were made out as promptly as could be expected, and those of the year ix have been prepared with a despatch which, for the first time since the revolution, enables the collections to be begun in the very- year to which they belong." 2 "Archives parlementaires," viii., p. 11. (Report by Necker to the States-General, M^y 5, 1789.) '' These two-fifths, although legitimately due to the king, are always in arrears. . . . (To-day) these arrears amount in full to about 80 millions." 3 De Foville, "la France ^conomique," p. 354. 4 " The Ancient Rei;ime," p. 354. 5 Necker, " De I'administration des finances." i., 164, and " Rapport aux etats-gdnd- raux," May sth, 1789. (We arrive at these figures, 179 millions, by combining these documents, on both sides, with the observation that the 3d vingtieme is suppressed in 1789) 6 Charles Nicolas, " les Budgets de la France depuis le commencement du xix&me siecle " (in tabular form).— De Foville, ibid., 356.— In the year ix, the sum-total of di- CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 213 By the same measure, an extraordinary counter-measure, the taxable party, especially the peasant-proprietor, the small in- drfendu farmer, the privileged the wrong way, the drudge of the monarchy, is relieved of three-fourths of his immemorial burden.' At first, through the abolition of tithes and of feu- dal privileges, he gets back one-quarter of his net income, the quarter which he paid to the seignior and to the clergy; next, through the application of direct taxation to all lands and to all persons, his quota is reduced one-half. Before 1789, he paid over, on one hundred francs net income, fourteen to the seignior, fourteen to the clergy, fifty-three to the State, and kept only eighteen or nineteen for himself; after 1800, he pays nothing out of one hundred francs of income to the seignior or to the clergy; he pays but little to the State, only twenty- one francs to the commune and department, and keeps sev- enty-nine francs in his pocket.* rect taxes is 308 millions ; in the year xi. 360, and in the year xii, 376. The total in- come from real-estate in France towards 1800 is 1,500 millions. 1 It is only after 1816 that ihe total of each of the four direct taxes can be got at (land, individual, personal, doors and windows). In 1821, the land tax amounts to 265 millions, and the three others together to 67 millions. Taking the sum of 1,580 millions, estimated by the government as the ret revenue at this date in France, we find that, out of ihis revenue, 16.77 Per cent, is deducted for land, and that, with the other three, it then abstracts from the same revenue 21 per cent.— On the contrary, before 1789, the five corresponding direct taxes, added to tithes and leudal privileges, abstracted 81.71 per cent, from the net income of the taxable party. (Cf. "The An- cient Rdgime," pp. 346, 347, 351 et seg.) 2 These figures are capital, and measure the distance which separates the old from the new condition of the laboring and poor class, especially in the rural districts; hence the tenacious sentiments and judgments of the people with respect to the An- cient Rdgime, the Revolution and the Em|)ire —All local information converges in this sense. I have verified the above figures as well as I could : ist, by the '• Statis- tiques des prdfets," of the year ix and year xiii and afterwards (printed); 2d, by the reports of the councillors of state on mission during the year ix (published by Roc- quain.andin manuscript in the Archives nationaies); ^d, by the reports of thesenators on their sdnatnreries and by the prefects on their departments, in i8q6. 1809. 1812. 1814 and iBi5,and from 1818 to 1823 (in manuscript in the Archives nationales); 4tl), by the observations of foreigners tr.ivelling in France from 1802 to 1815. — For example ("A Tour through several of the Middle and Western Departments of France," 1802. p. 23): " There are no tithes, no church taxes, no taxanon of the poor. . . . All the taxes to- gether do not go beyond one-sixth of a man's reni-roll, that is to say. three shillings and sixpence on the pound sterling."— (" Travels in the South of France, 1807 and 1808," by Lieutenant-Colonel Pinkney, citizen of the Uniied States, p. 162 ) At Tours a two-story house, with six or eight windows on the front, a stable, carriage- house, garden and orchard, rents »\. £,1° sterling per annum, with the taxes wliich are from ^1,10, to /;2, for the state and about ten shillings for the commune.— ("Notes on a Journey through July, August and September, 1814,'" by Morris Birk- 214 THE MODERN REGIME. book hi. If each franc insured pays so many centimes insurance pre- mium, each franc of manual gain and of salary should pay as many centimes as each franc of industrial or commercial gain, also as each franc of personal or land revenue; that is to say, more than one-fifth of a franc, or twenty-one centimes. — At this rate, the workman who lives on his own labor, the day- laborer, the journeyman who earns one franc fifteen centimes per diem and who works three hundred days of the year, ought to pay out of his three hundred and forty-five francs wages sixty-nine francs to the public treasury. At this rate, the ordinary peasant or cultivator of his own field, owner of a cottage and a small tract of ground which he might rent at one hundred francs a year, should pay into the public treasury, out of his land income and from manual labor, eighty-nine francs.' The deduction, accordingly, on such small earnings would be enormous ; for this gain, earned from day to day, is just enough to live on, and very poorly, for a man and his family; were it cut down one-fifth he and his family would be obliged to fast ; he would be nothing but a serf or half-serf, made the most of by the exchequer, his seignior and proprietor ; for the exchequer, as formerly the proprietary seigniors, would appro- beck, p. 28.) Near Cosne (Orldanais), an estate of 1,000 acres of tillable land and 500 acres of woods is rented for nine years, for about 9,000 francs a year, together with the taxes, about 1,600 francs more. — {Ibid., p. gi.) " Visited the Brie. Well cultivated on the old system, of wheat, oats and fallow. Average rent 16 francs the acre with taxes, which are about one-fifth of the rent.'' — Roederer, iii., 474 (on \\\e.senatorerie of Caen, Decern, i, 1803) : "The direct ta.x is here in very moderate proportion to the in- come, it being paid without much inconvenience.'" — The travellers above quoted and many others are unanimous in stating the new prosperity of the peasant, the cultiva- tion of the entire soil and the abundance and cheapness of provisions. (Morris Birk- beck, p. II.) " Everybody assures me that the riches and comfort of the cultivators of the soil have been doubled since twenty-five years /" {Ibid,, p. 43. at Tournon-sur- le-Rhone.) " I had no conception of a country so entirely cultivated as we have found from Dieppe to this place." — {Ibid., p. 51, at Montpellier.) " From Dieppe to this place we have not seen among the laboring people one such famished, worn-out, wretched object as may be met in every parish of England, I had almost said on almost every farm. ... A really rich country, and yet there are fe v rich individuals." — Robert, " De I'lnfluence de la revolution sur la population, 1802," p. 41. "Since the Revolution I have noticed in the little village of Sainte-Tulle that the consumption of meat has doubled ; the peasants who formerly lived on salt pork and ate beef only at Easter and at Christmas, frequently enjoy ^pot-a-feu during the week, and have given up rye-bread for wheat-bread." I The sum of i fr. 15 for a day's manual labor is an average, derived from the sta- tistics furnished by the prefects of the year ix to the yearxiii, especially for Charente, Deux-Sevres, Meurthe, Moselle and Doubs. CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 215 priate to itself sixty days of labor out of the three hundred. Such was the condition of many millions of men, the great majority of Frenchmen, under the ancient regime. Indeed, the five direct taxes, the taille, its accessories, the road-tax, the capitatim and the vingiiemes, were a tax on the taxpayer, not only according to the net revenue of his property, if he had any, but again and especially " of his faculties " and presumed resources whatever these might be, comprising his manual earn- ings or daily wages.— Consequently, "a poor laborer owning nothing," ' who earned nineteen sous a day, or two hundred and seventy livres a year,' was taxed eighteen or twenty livres. Out of three hundred days' work there were twenty or twenty- two which belonged beforehand to the public treasury. Con- sequently, the taxable man of the rural districts, owner of a few roods of ground which he might let for one hundred livres and which he cultivated himself, was taxed fifty-three livres; thus out of three hundred days of labor, fifty-nine be- longed in advance to the exchequer. — Three-fifths' of the French people were in this situation, and the inevitable con- sequences of such a fiscal system have been seen — the excess of extortions and of suffering, the spoliation, privations and deep-seated resentment of the humble and the poor. Every government is bound to care for these, if not on the score of humanity, at least through prudential considerations, and this one more than any other, since it is founded on the will of the greatest number, on the repeated votes of majorities counted by heads. To this end, it establishes two divisions of direct taxation: one, the real-estate tax, which has no bearing on the taxpayer without any property ; and the other, the personal tax, which 1 " Tlie Ancient R^fjime." p. 353. 2 Arthur Young, li., 259. (Average rate for a day's work throughout France in 1789) 3 About 15 millions out of 26 millions, in the opinion of Mallet-Dupan and other observers —Towards the middle of the i8th century, in a population estimaied at ao millions. Voltaire reckons that " many inhabitants possess onlj; the value of 10 cro-.vns rental, that ethers have only 4 or 5. and that more than 6 millions of inhabi- tants have nothing." (" LMiomme aux quarante dcus.")— A little Liter, Chamfort (i., T78) adds; " It is an incontestable truth that, in I'rance, 7 millions of men beg, and 12 millions of men are incapable of giving anything." 2i6 THE MODERN REGIME. BOOK III. does affect him, but lightly: calculated on the rate of rent, it is insignificant on an attic, furnished lodging, hut or any other hovel belonging to a laborer or peasant ; again, when very poor or indigent, if the octroi is burdensome, the ex- chequer sooner or later relieves them; add to this the poll- tax which takes from them one and a half francs up to four and a half francs per annum, also a very small tax on doors and windows, say sixty centimes per annum in the villages on a tenement with only one door and one window, and, in the towns, from sixty to seventy-five centimes per annum for one room above the second story with but one window/ In this way, the old tax which was crushing becomes light: in- stead of paying eighteen or twenty livres for his taille, capi- tatim and the rest, the journeyman or the artisan with no property pays no more than six or seven francs ;" instead of paying fifty-three livres for his vingtiemes for his poll, real and industrial tax, his capiiatim and the rest, the small cultivator and owner pays no more than twenty-one francs. Through this reduction of their fiscal charges {corvc'e) and through the augmentation of their day wages, poor people, or those badly off, who depended on the hard and steady labor of their hands, the plowmen, masons, carpenters, weavers, blacksmiths, wheel- wrights and porters, every hired man and mechanic, in short, all the laborious and tough hands, again became almost free ; these formerly owed, out of their three hundred working days, from twenty to fifty-nine to the exchequer ; they now owe only from six to nineteen, and thus gain from fourteen to forty free days during which, instead of working for the exchequer, they work for themselves. — The reader may estimate the value to a 1 Law of Flor^al ^, year x, title ii. articles 13, 14. § 3 and 4. 2 Charles Nicolas, ibid. — In 1821. the personal and poll lax yields 46 millions; the tax on doors and windows. 21 millions: total, 67 millions. According to these sums we see tnat, if the recipient of 100 francs income from real-estate pays 16 fr. 77 real- estate tax, he pays only 4 fr 01 for his three other direct taxes.— These figures. 6 to 7 francs, can nowadays be arrived at through direct observation. — To omit nothing, the assessment in kind, renewed in principle after 1802 on all parish and departmental roads, should be added ; this tax, demanded by rural interests, laid by local authori- ties, adapted to the accommodation of the taxpayer, and at once accepted by the inhabitants, has nothing in common with the former cofv^e, save in appearance ; m fact, It is as easy as the corvtfe was burdensome. (Stourra, 1., 122.) CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 217 small household of such an alleviation of the burden of dis- comfort and care. IV. This is in favor of the poor, in other words, it is an infrac- tion of the principle of distributive justice: through the al- most complete exemption of those wlio have no property the burden of direct taxation falls almost entirely on those who own property. If they are manufacturers, or in commerce, they support still another burden, that of the license tax, which is a supplementary impost proportioned to their probable gains.' Finally, to all these annual and extra taxes, levied on the probable or certain income derived from invested or floating capital, the exchequer adds an eventual tax on capital itself, consisting of the midation tax, assessed on property every time it changes hands through gift, inheritance or by contract, obtaining its title under free donation or by sale, and which tax, aggravated by the timbrel^' is enormous^ since, in most 1 Charles Nicolas, "' Les Budtrcts de la. France depuis le commencement du xix« Siecle," and de Foville. " La Fr.mce economique," p. 365, 373.— Reiuriis of licenses in 1816, 40 millions ; in 1820, 22 millions ; in tS6o, 80 millions ; in 1887, 171 millions. 2 The tiiutatioii tax is that levied in France on all property transmitted by inheri- tance, or which changes hands through formal sale (other than in ordinary business transactions), as in the case of transfers of real-estate, effected through purchase or sale. Timbre designates stamp duties imposed on the various kinds of legal docu- ments. — Tr. 3 Ibid. Returns of the «/?iiule) was very much lower; the principal one, or tax of centiime denier^ look only I per 100, and on the mutations of real-estate. This mutation tax is the only one rendered worse ; it was immediately aggravated by the Constituant Assembly, and it IS rendered all the more exorbitant on successions in which liabilities are not deducted from assets. (That is to say, the inheritor of an indebted estate in France must pay a mutation tax on 11s full value. He has the privilege, however, of renouncing the (State if he does not choose to accept it along with its indebtedness.) — The tax- payer's resignation to this tax is exp'ained by the exchequer collecting it at a unique vciovacnx.^ when propiietorshif' just comes into being or is just at the /'oint 0/ birth. In effect, if property changes hands under inheritance or through free donation it is probable that the new owner, suddenly enriched, will be only loo glad to enter into possession of it, and nut object to an impost which, althnugh taking about a tenth, still leaves liim only a little less wealthy. When property is transferred by coniract or sale, neither of the contracting parties, probably, sees clearly which pays the fiscal tax ; the seller may think that it is the buyer, and the buyer that it is the seller. Owing to this illumon both are less sensible of the shearing, each offering his own back in the belief that it is the back of the other. 2l8 THE MODERN REGIME. BOOK III> cases, it takes five, seven, nine, and up to ten and one-half per cent on the capital transmitted, that is to say, in the case of real-estate, two, three and even four years' income from it. Thus, in the first shearing of the sheep the exchequer cuts deep, as deep as possible; but it has sheared only the sheep whose fleece is more or less ample; its scissors have scarcely touched the others, much more numerous, whose wool, short, thin and scant, is maintained only by day-wages, the petty gains of manual labor. — Compensation is to come when the exchequer, resuming its scissors, shears the second time: it is the indirect tax which, although properly levied and properly collected, is, in its nature, more burdensome for the poor than for the rich and well-off. Through this tax, and owing to the previous operation of its customs-duties, tolls, octrois or monopolies, the State collects a certain percentage on the price of various kinds of merchandise sold. In this way it participates in trade and commerce and itself becomes a merchant. It knows, therefore, like all able merchants, that, to obtain large profits, it must sell large quan- tities, that it must have a very large body of customers, that the largest body is that which ensures to it and embraces all its subjects, in short, that its customers must consist not only of the rich, who number merely tens of thousands, not only the well-to-do, who number merely hundreds of thousands, but likewise the poor and the half-poor, who number millions and tens of millions. Hence, in the merchandise by the sale of which it is to profit, it takes care to include staple articles which everybody needs, for example, salt, sugar, tobacco and beverages in universal and popular use. This accomplished, let us follow out the consequences, and look in at the shops over the whole surface of the territory, in the towns or in the villages, where these articles are disposed of. Daily and all dnv long, consumers abound; their large coppers and small change constantly rattle on the counter; and out of every large copper and every small piece of silver the national treas- ury gets so many centimes: that is its share, and it is very sure of it, for it is already in hand, having received it in advance. At the end of the year, these countless centimes fill its cash- CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 219 box with millions, as many and more millions thau it gathers through direct taxation. And this second crop causes less trouble than the first one ; for the taxpayer who is subject to it has less trouble and like- wise the State which collects it. — In the first place, the tax- payer suffers less. In relation to the exchequer, he is no longer a mere debtor, obliged to pay over a particular sum at a particular date ; his payments are optional ; neither the date nor the sum are fixed ; he pays on buying and in proportion to what he buys, that is to say, when he pleases and as little as he wants. He is free to choose his time, to wait until his purse is not so empty ; there is nothing to hinder him from thinking before he enters the shop, from counting his coppers and small change, from giving the preference to more urgent expenditure, from reducing his consumption. If he is not a frequenter of the cabaret, his quota, in the hundreds of millions of francs obtained from beverages, is almost nothing ; if he does not smoke or snuff, his quota, in the hundreds of millions derived from the tax on tobacco, is nothing at all ; because he is economical, prudent, a good provider for his family and capable of self-sacrifice for those belonging to him, he escapes the shearing of the exchequer. Moreover, when he does come under the scissors, these hardly graze his skin ; so long as tariff regulations and monopolies levy nothing on articles which are physically indispensable to him, as on bread in France, indirect taxation does not touch his flesh ; in gen- eral, fiscal or protective duties, especially those which increase the price of tobacco, coffee, sugar, and beverages, do not affect his daily life, but merely deprive him of some of its pleasures and comforts. And, on the other hand, in the col- lection of these duties, the exchequer may not show its hand ; if it does its business properly, the anterior and partial opera- tion is lost sight of in the total operation which completes and covers this u]) ; it screens itself behind the merchant. The shears are invisible to the buyer who presents himself to be sheared ; in any event, he has no distinct sensation of them. Now, with the man of the people, the common run of sheep, it is the positive, actual, animal sensation which makes 220 THE MODERN REGIME. book hi. him vociferate, which provokes the violent capers, the rash- ness, the contagious scare and the general scampering. If he escapes this dangerous sensation he remains tranquil ; at the utmost, he grumbles at the hard times ; the high prices from which he suffers are not imputed to the government ; he does not know how to reckon, check off and consider for himself the surplus price which the fiscal impost extorts from him. Even at the present day, one might tell a peasant in vain that the State takes fifteen out of the forty sous which he pays for a pound of coffee, and five centimes out of every two sous, the cost of a pound of salt ; for him, this is simply a barren notion, a vague calculation at random ; the impression on his mind would be very different if, standing before the grocer who weighs out his coffee and salt, he saw with his own eyes, right before him, the clerk .of the customs and of the salt-tax actually taking the fifteen sous and the five centimes off the counter. Such are the proper indirect taxes : in order that they may be proper, that is to say, tolerable and tolerated, three condi- tions, as we see, are requisite. In the first place, the taxpayer, in his own interest, must be free to buy or not to buy the merchandise taxed. Next, in the interest of the taxpayer and of the exchequer, the merchandise must not be so taxed as to be rendered too dear. After that, in the interest of the exchequer, its interference must not be perceptible. Owing to these precautions, indirect taxes can be levied, even on the smaller taxpayers, without either fleecing or irritating them. It is for lack of these precautions before 1789, when people were fleeced in such a bungling manner,' that, in 1789, they first rebelled against indirect taxation," against the meal-tax, the salt-tax, the tax on liquors, the internal tariffs, and the town octrois, against fiscal officers, bureaux and registries, by murdering, pillaging, and burning, beginning in the month of March in Provence and after the 13th of July in Paris, and then throughout France, with such a universal, determined and persistent hostility that the National Assembly, after hav- I See " Tbe Anrient R^cime." pp. 35S-362. 3 bee '"'I'lie Revolution," vol. i., pp. 16, 38. CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 221 ing vainly attempted to restore the suspended tax-levies and enforce the law on the populace, ended in subjecting the law to the populace and in decreeing the suppression of indirect taxation entirely.' Such, in the matter of taxation, is the work of the Revolu- tion. Of the two sources which, through their regular afflux, fill the public Treasury, and of which the ancient regime took possession and managed badly, violently, through loose and bungling measures, it has nearly dried up the first one, direct taxation, and completely exhausted the second one, indirect taxation. At present, as the empty Treasury must be filled, the latter must be taken in hand the same as the former, its waters newly gathered in and gently conducted without loss ; and the new government sets about this, not like the old one, in a rude, conventional manner, but as an engineer and calcu- lator who knows the ground, its inclination and other obstacles, in short, who comprehends human sensibility and the popular imagination.^ And first there is to be no more farming-out (of the revenues): the State no longer sells its duties on salt or on beverages to a company of speculators, mere contractors, who care for nothing but their temporary lease and annual incomes, solely concerned with coming dividends, bleeding the tax- payer like so many leeches and invited to suck him freely, interested in multiplying affidavits by the fines they get, and creating infractions, authorized by a needy government which, supporting itself on their advances, places the public force at their disposal and surrenders the people to their exactions. Henceforth, the exchequer collects for itself and for its own 1 Decree of Oct. ^t-Nov. 5, 1789. abolishing the boundary taxes between the prov- inces and siippressing all the collection offices in the kingdom.— Decree of 21-30 March 1790, abolishing the salt-tax. Decree of 1-17 March 1791, abolishing all taxes on liquors, and decree of iq-25 Frb. 1791, abolishing all or/r<>/ taxes.— Decree of 20-27 March T791, in relation to freedom of growing, manufacturing and selling tobacco; customs-duties on the importation of leaf-tobacco alone are maintained, and give but an insignificant revenue, from 1,500.000 to 1,800.000 francs in the year v. 2 Gaudin, Due dcGaete, " M^moircs," i.. 215-217 —The advantages of indirect tax- ation are well explained by Gaudin. "The taxpayer pays only when he is willing and has the means. On the other hand, the duties imposed by the exchequer being confounded with the price of the article, the taxpayer, in paying, his debt, thinks only of satisfying a want or of procuring an enjoyment "—Decrees of March 16 and 27, and May 4, 1806 (on salt), of February 25, 1804. April 24, 1806, Novem. 25. 1808 (OQ liquors), May 19, 1802, March 6, 1804, April 24, 1806, Decern. 29, 1810 (on tobacco). 222 THE MODERN REGIME. book hi. account ; it is the same as a proprietor who, instead of hiring out, improves his property and becomes his own farmer; there- fore, it considers the future in its own interest ; it limits the receipts of the current year so as not to compromise the re- ceipts of coming years ; it avoids ruining the present tax- payer who is also the future taxpayer ; it does not indulge in gratuitous chicanery, in expensive lawsuits, in warrants of exe- cution and imprisonment ; it is averse to converting a profit- able laborer into a mendicant who brings in nothing, or into a prisoner for debt who costs it something. Through this course, the relief is immense ; ten years previous to the Revolution,' it was estimated that, in principal and in accessories, especially in costs of collection and in fines, indirect taxation cost the nation twice as much the king derived from it, that it paid three hundred and seventy-one millions to enable him to receive one hundred and eighty-four millions, that the salt-tax alone took out of the pockets of the taxpayer one hundred millions for forty-five millions deposited in his coffers. Under the new regime, fines became rarer; seizures, executions and sales of per- sonal property still rarer, while the costs of collection, reduced by increasing consumption, are not to exceed one-twentieth in- stead of one-fifth of the receipts.^ — In the second place, the con- sumer becomes free again, in law as in fact, not to purchase taxed goods. He is no longer constrained, as formerly, in the provinces subject to high salt-tax, to accept, consume, and pay for duty-salt, seven pounds per head at thirteen sous the pound. Provincial, town or seignorial taxes on the commodity which he cannot do without, on bread, no longer exist ; there is no meal-tax, or duty on flour, as in Provence,^ no duties on the sale or of grinding wheat, no impediments to the circulation or 1 Letrosne, " De radministration des finances et de la r^forme de Timpot " (1779), pp. 148, 162. — Laboulaye, " De I'administration fr.inpaise sous Louis XVI." {Rei'ue des cours litter/iires, 1864-1865, p. 677). " 1 believe that, under Louis XIIL, they took at least five and, under Louis XIV, four to get two." 2 Paul Leroy-Beaulieu, " Traite de la science des finances," i., 261. (In 1875, these costs amount to 5.20 per cent.) — De Foville, ihid. (Cost of customs and salt-tax, in 1828, 16,2 per cent; in 1876, 10.2 per cent. — Cost of indirect taxation, in 1828, 14. qo per cent; in 1876, 3.7 per cent.)— De Calonnd, "Collection des m^moires prdsent^s \ I'assembl^e des notables," 1787, p. 63. 3 See " The Ancient Regime," p. 23, 370.—" The Revolution," i., 10, 16, 17. CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 223 commerce of grain. Again, on the other hand, other com- modities, besides bread and those which a tax reaches, fall now within range of small means through the lowering of fiscal charges, in the suppression of internal duties, and the abolition of multitudinous tolls. Salt, instead of costing thirteen sous and over, no longer costs more than two sous the pound. A cask of Bordeaux wine no longer pays two hundred livres before it is retailed by the tavern-keeper at Rennes.' Except in Paris, and even at Paris, so long as the extravagance of municipal expenditure does not increase the octroi, the total tax on wine, cider and beer does not add, even at retail, more than eighteen percent to their selling price,^ while, throughout France, the vine-grower, or the wine-maker, who gathers in and manufactures his own wine, drinks this and even his brandy, without paying one cent of tax under this heading.^ — Consequently, consumption increases, and, as there are no longer any exempt or half-exempt provinces, no more free salt {franc sah')* no more privileges arising from birth, condition, profession or residence, the Treasury, with fewer duties, col- lected or gained as much as before the Revolution : in 1809 and 1810, twenty millions on tobacco, fifty-four millions on salt, one hundred millions on liquors, and then, as the tax- payer became richer and spent more, still larger and larger sums : in 1884, three hundred and five millions on tobacco : in 1885, four hundred and twenty-nine millions on liquors,* without counting another one hundred millions again raised on liquors through town octrois. — At length, the exchequer, with extreme prudence, keeps out of sight and succeeds in almost saving the taxpayer from contact with, or the presence of, its agents. There is an end to a domestic inquisition. The exciseman no longer pounces in on the housewife to taste the pickle, to find out whether the ham has been cured with bogus salt, to certify that all the dutiable salt has been 1 See ' The Ancient Rf'gime," p. 361. 2 Leroy-Beaulieu, il'iii., i., 643. 3 Decrees of November 25, 1808, and December 8, 1824. 4 Certain persons under the ancient regime enjoyed an exemption from the tax on salt. 5 Stourm, i., 360, 389.— De Fo villa, 3S2, 385, 398. 224 THE MODERN REGIME. book hi. used in " the pot and the salt-cellar." The wine-inspector no longer comes suddenly on the wine-grower, or even on the consumer, to gauge his casks, to demand an account of what he drinks, to make an affidavit in case of deficit or over-con- sumption, to impose a fine should a bottle have been given to a sick person or to a poor one. The fifty thousand customs officers or clerks of the ferine, the twenty-three thousand soldiers without a uniform who, posted in the interior along a line of twelve hundred leagues, guarded the heavily taxed salt districts against the provinces which were less taxed, redeemed or free; the innumerable employes at the barriers, forming a confused and complicated band around each province, town, district or canton, levying on twenty or thirty different sorts of merchandise ; forty-five principal duties, general, provincial, or municipal, and nearly sixteen hundred tolls, in short, the entire body of officials of the old system of indirect taxation has almost wholly disappeared. Save at the entrance of towns, and for the octroi, the eye no longer encounters an official clerk ; the carters who, from Roussillon or Languedoc, transport a cask of wine to Paris, are no longer subject to his levies, vexations and convenience in twenty different places, nor to impute to him the dozen or fifteen days' useless extension of their trip due to his predecessor, and during which they had to wait in his office until he wrote a receipt or a permit; there is scarcely any one now but the inn-keeper who sees his green uniform on his premises ; after the abolition of the house-inventory, nearly two millions of proprietors and wine metayers are forever free of his visits;' thenceforth, for consumers especially the people, he is absent and seems a nullity. In effect, he has been transferred one or two hundred leagues off, to the salt-establishments in the interior and on the coasts, and on the frontier. There only is the system at fault, nakedly exposing its vice, — a war against exchanges, the proscription of international com- merce, prohibition pushed to extreme, the continental block- ade, an inquisition of twenty-thousand customs officials, the hos- tility of one hundred thousand defrauders, the brutal destruc- I These figures are given by Gaudin. CHAP. 11. OBJECT AND MERITS OF THE SYSTEM. 225 tion of seized goods, an augmentation in price of one hundred per cent on cottons and four hundred per cent on sugar, a dearth of colonial articles, privation to the consumer, the ruin of the manufacturer and trader, and accumulated fail- ures one on top of the other in 181 1 in all the large towns from Hamburg to Rome.' This vice, however, belongs to the militant policy and personal character of the master ; the error that vitiates the external side of his fiscal system does not reach the internal side. After him, under pacific reigns, it is gradually modified ; prohibition gives way to pro- tection and then changes from excessive protection to limited protection. Inside, along with secondary improvements and partial amendments, the course marked out by the Consulate and the Empire is to be obtained ; this course, in all its main lines, is clearly traced, straight, and yet adapted to all things, by the plurality, establishment, distribution, rate of taxation and returns of the various direct and indirect taxes, nearly in conformity with the new principles of political economy, as well as in conformity with the ancient maxims of distributive justice, carefully directed between the two important interests that have to be cared for, between the interest of the taxpayer and the interest of the State which collects taxes. Consider, in effect, what both gain. — In 1789, the State had a revenue of only four hundred and seventy-five millions; afterwards, during the Revolution, it scarcely collected any of its revenues; it lived on the capital it stole, like a genuine brigand, or on the debts it contracted, like a dishonest and insolvent bankrupt. Under the Consulate and during the first years of the Empire, its revenue amounts to seven hundred and fifty or eight hundred millions, its subjects being no longer robbed of their capital, while it no longer runs in debt. — In 1789, the ordinary taxpayer paid a direct tax to his three former or late sovereigns, namely, to the King, the clergy and the seigniors, more than three-cpiarters of his net income. After 1800, he pays to the State less tlian one-quarter, the one sovereign alone who replaces the other three. We have I Thiers, xiii., pp. 20 to 25. 226 THE MODERN REGIME. BOOK III. seen how relief came to the old taxable subject, to the rustic, to the small proprietor, to the man without any property, who lived on the labor of his own hands; the lightening of the direct tax restored to him from fourteen to forty free days, during which, instead of working for the ex- chequer, he worked for himself. If married, and the father of two children over seven years of age, the alleviation of one direct tax alone, that of the salt-tax, again restores to him twelve days more, in all from one to two complete months each year during which he is no longer, as formerly, a man doing statute-work, but the free proprietor, the absolute mas- ter of his time and of his own hands. — At the same time, through the re-casting of other taxes and owing to the in- creasing price of labor, his physical privations decrease. He is no longer reduced to consuming only the refuse of his crop, the wheat of poor quality, the damaged rye, the badly-bolted flour mixed with bran, nor to drink water poured over the lees of his grapes, nor to sell his pigs before Christmas because the salt he needs is too dear.' He salts his pork and eats it, and likewise butcher's meat ; he enjoys his boiled beef and broth on Sunday; he drinks wine; his bread is more nutritious, not so black and healthier ; he no longer lacks it an'd has no fear of lacking it. Formerly, he entertained a lugubrious phantom, the fatal image of famine which haunted him day and night for centuries, an almost periodical famine under the monarchy, a chronic famine and then severe and excruciating during the Revolution, a famine which, under the republic, had in three years destroyed over a million of lives.'' The immemorial spectre recedes and vanishes; after two accidental and local recurrences, in 1812 and i8i7,it never again appears in France.^ 1 Lafayette, " M^moires.'" (Letter of October 17, 1779, and notes made in Auvergne, August 1800.) " You know how many beggars there were, people dying of hunger in our country. We see no more of them. The pe/., 239, 279, 288. (Except the eiyht regiments of royal grenadiers in the militia who turned out for one month in the year.) 3 Example afforded by one dc|)artmcnt. ("Statistics of Ain," by Rossi, prefect, 1808.) Number of soldiers on duty in the department, in 1789, 323 ; in 1801, 6,729; in 228 THE MODERN e£GIME. book in. Alongside of this militia body, the entire army properly so called, the " regular " troops were, under, the ancient regime, all recruited by free enlistment, not only the twenty-five foreign regiments, Swiss, Irish, Germans, and Liegeois, but again the hundred and forty-five French regiments, one hundred and seventy-seven thousand men.' The enlistment, indeed, was not free enough ; frequently, through the manoeuvres of the recruiting-agent, it was tainted with in- veigling and surprises, and sometimes with fraud or violence; but, owing to the remonstrances due to the prevailing philan- thropic spirit, these abuses had diminished ; the law of 178& had suppressed the most serious of them and, even with its abuses, the institution had two great advantages. — The army,, in the first place, served as an issue: through it the social body purged itself of its bad humors, of its overheated or vitiated blood. At this date, although the profession of soldier was one of the lowest and least esteemed, a barren career, without promotion and almost without escape, a recruit was obtain- able for about one hundred francs bounty and a "tip" ; add to this two or three days and nights of revel in the grog-shop, which indicates the kind and quality of the recruits ; in fact, very few could be obtained except among men more or less disqualified for civil and domestic life, incapable of spon- taneous discipline and of steady labor, adventurers and out- casts, half-savage or half-blackguard, some of them sons of respectable parents thrown into the army in an angry fit, and others again, regular vagabonds picked up in beggars' haunts, mostly stray workmen and loafers, in short, " the most de- bauched, the most hot-brained, the most turbulent people in 1806, 6.764.—" The department of Ain furnished nearly 30.000 men to the armies, con- scripts and those under requisition." — It is noticeable, consequently, that in the popu- lation of i8ot, there is a sensible diminution of persons between twenty and thirty and, in the population of 1806, of those between twenty-five and thirty-five years of age. The number between twenty and thirty is as follows : in 1789, 39,828 ; in 1801, 35,648 ; in j8o6, 34,083. I De Dammartin. " Ev^nemens qui se sont passes sous mes yeux pendant la revo- lution francjaise," v. ii. (State of the French army, Jan. i, 1789.) Total on a peace footing, 177. 8qo men. — This is the nominal force ; the real force under arms was 154.000; in March 1791. it had fallen to 115,000. through the multitude of desertions and the scarcity of enlistments. (Yung, " Dubois-Crance et la Revolution," i., 158. Speech by Dubois-Cranc^.) CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 229 an ardent, turbulent and somewhat debauched community." ' In this way, the anti-social class was utilized for the public good. Let the reader imagine an ill-kept domain overrun by a lot of stray curs that might prove dangerous: they are en- ticed and caught ; a collar, with a chain attached to it, is put on their necks and they become good watch-dogs. In the second place, this institution preserved to the subject the first and most precious of all liberties, the full possession and the unrestricted management of one's own person, the complete mastery of body and being ; this was assured to him, guaran- teed to him against the encroachments of the State; better guar- anteed than by the wisest constitution, for the institution was a recognized custom accepted by every body; in other words, a tacit, immemorial convention,* between the subject and the State, proclaiming that, if the State had a right to draw on purses it had no right to draft persons: in reality and in fact, the King, in his principal function, was merely a contractor like any other; he undertook natural defence and public secuiity the same as others undertook cleaning the streets or the maintenance of a dike ; it was his business to hire military workmen as they hired their civil workmen, by mutual agree- ment, at an understood price and at current market rates. Accordingly, the sub-contractors with whom he treated, the colonel and captains of each regiment, were subject as he was to the law of supply and demand; he allowed them so much for each recruit,^ to replace those dropped out, and they 1 "The Ancient RdKime," p. 390, 391.— "The Revolution," p. 328-330. — Albert Babeau, " le Recrutement militaire sous Tancien regime." (In " la Rdforme sociale " of Sept. I, 1888, p. 229, 238 )— An officer says, "only the rabble are enlisted because it is cheaper."— YunjT, ibid., !., 32. (Speech by M. de Liancourt in the tribune.) "The soldier is classed apart and Is too little esteemed."— //^/V.. p. 39. ("Vices et abus de la constitution actuelle fran9aise," memorial signed by officers in most of the regiments Sept. 6, 1789.) "The majority of soldiers are derived from the off- scouniiifsof the large towns and are men without occupation." 2 Gebelin, p. 270. Almost all the cahiers of the third-estate in 1789 demand the abolition of drafting by lot. and nearly all of those of the three orders are for volun- teer service, as opposed to obligatory service ; most of these demand, for the army, a volunteer militia enlisted throuch a bounty ; this bounty or security in money to be furnished by communities of inhabitants which, in fact, was already the case ia several towns. 3 Albert Babeau, ibiii., 238. "Colonels were allowed only 100 francs per man; this sum, however, being insufficient, the balance was assessed on the pay of thfr officers." 83° THE MODERN REGIME. BOOK lU. agreed to keep their companies full. They were obliged to procure men at their own risk and at their own expense, while the recruiting-agent whom they despatched with a bag of money among the taverns, enlisted artillerymen, horsemen or foot-soldiers, after bargaining with them, the same as one would •hire men to sweep or pave the streets and to clean the sewers. Against this practice and this principle comes the theory of the Contrat- Social. It declares that the people are sovereign. Now, in this divided Europe, where a conflict between rival States is always imminent, sovereigns are military men ; they are such by birth, education, and profession, and by necessity ; the title carries along with it and involves the function. Conse- quently, the subject, in assuming their rights, imposes upon himself their duties ; in his quota (of responsibility) he, in his turn, is sovereign ; but, in his turn and in his person, he is a soldier.' Henceforth, if he is born an elector, he is born a con- script ; he has contracted an obligation of a new species and of infinite reach ; the State, which formerly had a claim only on his possessions, now has one on his entire body ; never does a creditor let his claims rest and the State always finds reasons or pretexts to enforce its claims. Under the threats or trials of invasion the people, at first, had consented to pay this one ; they regarded it as accidental and temporary. After victory and when peace came, its government continues to enforce the claim ; it becomes settled and permanent. After the treaties of Luneville and Amiens, Napoleon maintains it in France ; after the treaties of Paris and Vienna, the Prussian govern- ment is to maintain it in Prussia. One war after another and the institution becomes worse and worse ; like a contagion, it has spread from State to State ; at the present time, it has overspread the whole of continental Europe and here it reigns iThis principle was at once adopted by the Jacobins. (Yung, ibid., 19. 22, 145. Speech by Dubois-Cranc^ at the session held Dec. 12, 1789.) " Every citizen will be- conie a soldier of the Constitution." No more casting lots nor substitution. "Each citizen must be a soldier and each soldier a citizen." — The first application of the prin- ciple is a call for 300,000 men (Feb. 26, 1793), then through a levy on the masses which brings 500,000 men under the flag, nominally volunteers, but conscripts in reality. (Baron Poisson, "I'Armee et la Garde Nalionale," iii, 475.) CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 231 along with its natural companion which always precedes or follows it, its twin-brother, universal suffrage, each more or less conspicuously " trotted out " and dragging the other along, more or less incomplete and disguised, both being the blind and formidable leaders or regulators of future history : one thrusting a ballot into the hands of every adult, and the other putting a soldier's knapsack on every adult's back : with what promises of massacre and bankruptcy for the twentieth century, with what exasperation of international rancor and distrust, with what waste of human labor, through what per- version of productive discoveries, through what perfection of destructive appliances, through what a recoil to the lower and most unwholesome forms of old militant societies, through what retrograde steps towards brutal and selfish instincts, towards the sentiments, habits and morality of the antique city and of the barbarous tribe — we know and more beside. It is sufficient for us to place the two military systems face to face, that of former times and that of to-day : formerly, in Europe, a few soldiers, some hundreds of thousands ; to-day, in Europe, eighteen millions of actual or eventual soldiers, all the adults, even the married, even fathers of families sum- moned or subject to call for twenty-five years of their life, that is to say, as long as they continue able-bodied men ; formerly, for the heaviest part of the service in France, no lives ar-e confiscated by decree, only those bought by con- tract, and lives suited to this business and elsewhere idle or mischievous ; about one hundred and fifty thousand lives of inferior quality, of mediocre value, which the State could expend with less regret than others, and the sacrifice of which is not a serious injury to society or to civilization. To-day, for the same service in France, four millions of lives are taken by authority, and, if they attempt to escape, taken by force ; all of them, from the twentieth year onward, employed in the same manual and murderous pursuit, including the least suited to the purpose and the best adapted to other purposes, includ- ing the most inventive and the most fecund, the most delicate and the most cultivated, those remarkable for superior talent 232 THE MODERN REGIME. book hi. who are of almost infinite social value, and whose forced col- lapse, or precocious end, is a calamity for the human species. Such is the terminal fruit of the new regime ; military duty is here the counterpart, and as it were, the ransom of political right ; the modern citizen may balance one with the other like two weights in the scale. On the one side, he may place his prerogative as sovereign, that is to say, in point of fact,, the faculty every four years of giving one vote among ten thousand for the election or non-election of one deputy among six hundred and fifty ; on the other side, he may place his posi- tive, active service, three, four or five years of barrack life and of passive obedience, and then twenty-eight days more, then a thirteen-days' summons in honor of the flag, and, for twenty years, at each rumor of war, anxiously waiting for the word of command which obliges him to shoulder his gun and slay with his own hand, or be slain. He will probably end by dis- covering that the two sides of the scales do not balance and that a right so hollow is poor compensation for so heavy a burden. Of course, in 1789, he foresaw nothing like that; he was optimistic, pacific, liberal, humanitarian ; he knew nothing of Europe nor of history, nothing of the past nor of the present ; when the Constituent Assembly constituted him a sovereign,, he let things go on ; he did not know what he engaged to do, he had no idea of having allowed such a heavy claim against him. But, in signing the social contract, he made himself responsible ; in 1793, the note came due and the Convention collected it ; ' and then comes Napoleon who put things in order. Henceforth, every male, able-bodied adult must pay the debt of blood ; no more exemptions in the way I Baron Poisson, " TArmee et la Garde nationale," iii., 475. (Summing up.) "Popu- lar tradition has converted the volunteer of the Republic into a conventional per- sonage which history cannot accept. . . . ist. The first contingent of volunteers demanded of the country consisted of 97.000 men (1791). 60.000 enthusiasts responded to the call, enlisted for a year and fulfilled their engagement ; but for no considera- tion would they remain longer. 2d. Second call for volunteers in April 1792. Only mixed levies, partial, raised by money, most of them even without occupation, outcasts and unable to withstand the enemy. 3d. 300,000 men recruited, which measure partly fails ; the recruit can always get off by furnishing a substitute. 4. Levy in mass of 500,000 men, called volunteers, but really conscripts." \ 1 •CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 233 of military service : ' all young men who had reached the required age drew lots in the conscription and set out in turn according to the order fixed by their drafted number." But Napoleon is an intelligent creditor ; he knows that this debt is " most frightful and most detestable for families," that his •debtors are real, living men and therefore different in kind, that the head of the State should keep these differences in mind, that is to say their condition, their education, their sensibility and their vocation ; that, not only in their private interest, but again in the interest of the public, not merely through prudence but also through equity, all should not be 1 " Memorial " (Speech by Napoleon before the Council of State). " I am inflexible on exemptions ; they would be crimes ; how relieve one's conscience of having caused one man to die in the place of another ?"—" The conscription was an unprivileged militia : it was an eminently national mstitution and already far advanced in our cus- toms ; only mothers were still afflicted by it, while the time was coming when a girl •would riot have a man who had not paid his debt to his country." 2 Law of Fructidor 8, year xiii, article 10.— Pelet de La Loztre, 229. (Speech by Napoleon, Council of State, May 29, 1804.)— Pelet adds : " The duration of the service was not fixed. ... As a fact in itself, the man was exiled from his fireside for the rest of his life, regarding it as adesolating, permanent exile. . . . Entire sacrifice of exist- ence. . . . An annual crop of young men torn from their families and sent to death." — .Archives nationales, F', 3014. (Reports of prefects, 1806.) After this date, and even from the beginning, there is extreme repugnance which is only overcome by severe means. . . . (Ardeche.) " If the state of the country were to be judged of by the results of the conscription one would have a poor idea of it." — (Arii!gc.) " .At Rrussac, district of Foix, four or five individuals arm themselves with stones and knives to help a conscript escape, arrested by the gendarmes. ... A garrison was ordered to this commune." — At Massat, district of Saint-Girons, on a few brigades of gendarmes entering this commune to establish a garrison, in order to hasten the departure of refractory conscripts, they were stoned ; a shot even was fired at this troop. ... A garrison was placed In these hamlets as in the rest of the commune. — During the night of Frimaire 16-17 '^st, six strange men presented themselves before the prison of Saint-Girons and loudly demanded Gouazd, a deserter and condemned. On the jailor coming down they seized him and struck him down." — (Haute-Loire.) "The flying column Is under constant orders simultaneously against the refractory and dis- obedient among the classes of the years ix, x, xi, xii, and xiii, and against the lacre^irds of that of year iv, of which 134 men yet remain to be supplied." — (Bouches-du-Rhone.) " 50 deserter sailors and 84 deserters or conscripts of different classes have been arrested." — fDordogne.') "Out of i3i;3 conscripts. 134 have failed to reach their des- tination ; 124 refractory or deserters from the country and 41 others have been ar- rested ; 81 conscripts have surrendered as a result of placing a garrison amongst them ; 186 have not surrendered. Out of 802 conscripts of the yeai xiv on the march, 101 deserted on the road." — (Gard.) "76 refractory or deserters arrested." — (Landes.) "Out of 406 men who left, 51 deserted on the way." etc. — This repugnance becomes more and more aggravated. (Cf. analogous reports of 1812 and 1813, F', 3018 and 3019. in "Journal d"un bourgeois d'Evreux," p. 150 to 214, and " Histoirede 1814," by Henry Houssayc, p. 8 to 24.) 234 THE MODERN REGIME. book iiu indistinguishably restricted to the same mechanical pursuit^ to the same manual labor, to the same prolonged and indefi- nite servitude of soul and body. Already, under the Direc- tory, the law had exempted young married men and widowers or divorced persons who were fathers ; ' Napoleon also ex- empts the conscript who has a brother in the active army, the only son of a widow, the eldest of three orphans the son of a father seventy-one years old dependent on his labor, all of whom are family supports. ° He joins with these all young men who enlist in one of his civil militias, in his ecclesiastical militia or in his university militia, pupils of the Ecole Nor- male, ignorantm brothers, seminarians for the priesthood, on condition that they shall engage to do service in their voca- tion and do it effectively, some for ten years, others for life, subject to a discipline more rigid, or nearly as rigid,, as military discipline.^ Finally, he sanctions or institutes' volunteer substitutes, through private agreement between a conscript and the able-bodied, certified volunteer substi- tute for whom the conscript is responsible.* If such a bar- gain is made between them it is done freely, knowing what they are about, and because each man finds the exchange to his advantage ; the State has no right to deprive either of them uselessly of this advantage, and oppose an exchange by which it does not suffer. So far from suffering it often gains- by it. For, what it needs is not this or that man, Peter or Paul, but a man as capable as Peter or Paul of firing a gun, of marching long distances, of resisting inclemencies, and such are the substitutes it accepts. They must all be ^ " of sound health and robust constitution," and sufficiently tall ; as a matter of fact, being poorer than those replaced, they are more accustomed to privation and fatigue ; most of them,, 1 Law of Fructidor, year vi. 2 Law of Floreal 6, year xi, article 13. — Law of Fructidor 8, year xiii, article 18. 3 Decree of July 29, 1811 (on the exemption of pupils in the Ecole Normale).— De- cree of March 30, 1810, title ii., articles 2, 4. 5, 6 (on the police and system of the Ecole Normale). — Decree on the organization of the University, titles 6 and 13, March 7, 1808. 4 Law of Ventose 17, year viii, title iii., articles i and 13.— Law of Fructidor 8, year 3C1II, articles 50, 54, and 55. 5 Law of Fructidor 8, year xiii, article 51. CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 235 having reached maturity, are worth more for the service than youths who have been recruited by anticipation and too young ; some are old soldiers : and in this case the substitute is worth twice as much as the new conscript who has never donned the knapsack or bivouacked in the open air. Conse- quently, those who are allowed to obtain substitutes are " the drafted and conscripts of all classes, . . . unable to endure the fatigues of war, and those who shall be recognized of greater use to the State by continuing their labors and studies than in forming a part of the army. . ." ' Napoleon had too much sense to be led by the blind ex- istences of democratic formulae ; his eyes, which penetrated beyond mere words, at once perceived that the condition of a simple soldier, between a young man well brought up and a peasant or day-laborer, is unequal, that a tolerable bed, suf- ficient clothing, good shoes, certainty of daily bread, a piece of meat regularly, are novelties for the latter but not for the former, and, consequently, enjoyments; that the promiscuity and odor of the barrack chamber, the corporal's cursing and swearing and rude orders, the mess-dish and camp-bread, physical hardships all day and every other day, are for the former, but not for the latter, novelties and, consequently, sufferings ; from which it follows that, if literal equality is ai)plied, positive inequality is established, and that by -virtue even of the new creed, it is necessary, in the name of true equality as in the name of true liberty, to allow the former, who would suffer most, to treat fairly and squarely with the latter, who will suffer less. And all the more because, by this arrangement, the civil staff preserves for itself its future re- cruits; it is from nineteen to twenty-six that the future chiefs and under-chiefs of the great work of peaceful and fruitful labor, the savants, artists or scholars, the jurisconsults, engineers or physicians, tlie enterprising men of commerce or of industry, receive and undertake for themselves a special and superior education, discover or acquire their leading ideas, and elaborate their originality or their competency; if talent I Law of Ventose 17, year viii, title 3, article i. 236 THE MODERN REGIME. book hi. is to be deprived of these productive years their growth is arrested in full vegetation, and civil capacities, not less precious for the State than military capacities, are rendered abortive.' — Towards 1804,^^ owing to substitution, one conscript out of five in the rural districts, one conscript out of seven in the towns, and, on the average, one conscript out of ten in France, escapes this forced abortive condition; in 1806, the price of a substitute varies from eighteen hundred to four thousand francs,' and as capital is scarce, and ready money still more so, a sum like this is sufficiently large. Accordingly, it is the rich or well-to-do class, in other words the more or less cultivated class, which buys off its sons: reliance may be placed on their giving them more or less complete culture. In this way, it prevents the State from mowing down all its sprouting wheat and preserves a nursery of subjects among which society is to find its future elite. — Thus attenuated, the military law is still rigid enough: nevertheless it remains endurable; it is only towards 1807 ^ that it becomes monstrous and grows worse and worse from year to year until it becomes the sepulchre of all French youth, even to taking the adolescent under age as food 1 Thibaudeau, p. io8. (Speech of the First Consul before the Council of State.") " Art, science and the professions must be thought of. We are not Spartans. ... As to substitution, it must be allowed. In a nation where fortunes are equal each indi- vidual should serve personally; but, with a people whose existence depends on the inequality of fortunes, the rich must be allowed the right of substitution ; only we must take care that the substitutes be good, and that conscripts pay some of the money serving to defray the expense of a part of the equipment of the army of reserve." 2 Pelet de La Lozere, 228. 3 Archives nationales, F', 3014. (Reports of prefects, 1806.) Average price of a substitute: Basses Alpes, from 2,000 to 2.500 francs ; Bouches-du-Rhone, from 1,800 to 3,000; Dordogne, 2.400; Gard, 3,000; Gers, 4,000; Haute-Garonne, from 2,000 to 3,000 ; Hdrault, 4,000; Vaucluse, 2,500; Landes, 4,000. — Average rate of interest (Ardeche): " Money, which was from \\ to 15 per cent, has declined; it is now at ^\ per cent a month or 10 per cent per annum." — (Basses Alpes) : " The rate of money has varied in commerce from i to f per cent per month." — (Gard): " Interest is at i per cent a month in commerce ; proprietors can readily borrow at 9 or 10 per cent per annum." — (H^- rault) : " The interest on money is i| per month."— (Vaucluse) : " Money is from \ to ij per cent per month." 4 Thiers, vii., p. 23 and 467. In November 1806, Napoleon orders the conscription of 1807; in March 1807, he orders the conscription of 1808, and so on, always from worse to worse. — Decrees of 1808 and 1813 against young men of family already bought off or exempted. — " Journal d'un Bourgeois d'Evreux," 214. Dtsolate stale of things in 1813, "general depression and discouragement." — Miot de Melito, iii., 304. (Report of Miot to the Emperor after a tour in the departments in 1815.) " Every- where, almost, the women are your declared enemies." I CHAP. II. OBJECT AND MERITS OF THE SYSTEM. 237 for powder, and men already exempt or free by purchase. But, as before these excesses, it may still be maintained with certain modifications ; it sufifices almost to retouch it, to establish ex- emptions and the privilege of substitution as rights, which were once simply favors,' reduce the annual contingent, limit the term of service, guarantee their lasting freedom to those liber- ated, and thus secure in 1818 a recruiting law satisfactory and efficacious which, for more than half a century, will attain its ends without being too detrimental or too odious, and which, among so many laws of the same sort, all mischievous, is perhaps the least pernicious. I Law of Ventose 17, year viii, title 3, articles 6, 7, 8, g. — Exemption is granted as a favor only to the ienorantin brothers and to seminarians assigned to the priesthood. — Cf. the law of March 10, 1818, articles 15 and 18. CHAPTER III. I. The assignment of right.— Those out of favor and the preferred under former governments. — Under the Ancient Regime. — During the Revolution. — French conception of Equality and Rights. — Its ingredients and its excesses. — The satisfaction it obtains under the new regime. — Abolition of legal incapacities and equality in the possession of rights. — Confiscation of collective action and equality in the deprivation of rights. — Careers in the modern State. — Equal right of all to offices and to promo- tion.— Napoleon's distribution of employments. — His staff of officials recruited from all classes and parties. — II. The need of success. — Initia- tion and conditions of promotion under the old monarchy. — Effect on minds. — Ambitions are limited. — The external outlets open to them. — The Revolution provides an internal outlet and an unlimited career. — Ef- fect of this. — Exigencies and pretensions of the modern man. — Theoreti- cal rule of selection among rivals. — Popular suffrage erected into judicial arbitrament.— Consequence of its verdict. — Unworthiness of its choice.^ III. Napoleon as judge of competition.— Security of his seat.— Indepen- dence of his decisions.— Suppression of former influences and end of monarchical or democratic intrigues.— Other influences against which he is on guard.— His favorite rule. — Estimate of candidates according to the kind and amount of their useful labor. — His own competency. — His pers- picacity. — His vigilance. — Zeal and labor of his functionaries. — Result of competition thus viewed and of functions thus exercised. — Talents utilized and. jealousies disarmed. — IV. Competitions and prizes. — Multitude of offices. — How their number is increased by the extension of central patronage and of the French territory. — Situation of a Frenchman abroad. — It gives him rank.— Rapidity of promotion.— Constant elimination and multiplicity of vacancies in the army. — Preliminary elimination in the civil service. — Proscription of cultivated men and interruption of education during the Revolution. — General or special instruction rare in 1800. — Small number of competent candidates. — Easy promotion due to the lack of competitors. — Importance and attraction of the prizes offered. — The Legion of Honor. — The imperial nobility. — Dotations and majorities. — Emulation. — V. The inward spring from 1789 to 1815. — Its force. — Its decline. — How it ends in breaking the machine down. Now that the State has just made a new allotment of the burdens and duties which it imposes it must make a new as- 238 CHAP. III. OBJECT AND MERITS OF THE SYSTEM. 239 signment of the rights and benefits it confers. — Distributive justice, on both sides, long before 1789, was defective, and, under the monarchy, exclusions had become as obnoxious as exemptions ; all the more because, through a double iniquity, the ancient regime in each group distinguished two other groups, one to which it granted every exemption, and the other which it made subject to every exclusion. The reason is that, from the first, the king, in the formation and govern- ment of the kingdom, in order to secure the services, money, collaboration or connivance which he needed, was obliged to negotiate always with corporations, orders, provinces, seignories, the clergy, churches, monasteries, universities, parliaments, professional bodies or industrial guilds and families, that is to say with constituted powers, more or less difficult to bring under subjection and which, to be kept in subjection, stipu- lated conditions. Hence, in France, so many different condi- tions : each distinct body had yielded through one or sev- eral distinct capitulations and possessed its own separate statute. Hence, again, such diversely unequal conditions the bodies, the best able to protect themselves, had, of course, defended themselves the best, and their statutes, written or unwritten, guaranteed to them precious privileges which the other bodies, much weaker, could neither acquire nor pre- serve, not merely immunities but likewise prerogatives, not alone alleviations of taxation and militia dispensations, but likewise political and administrative liberties, remnants of their primitive sovereignty, with many other positive advan- tages, the very least being precedences, preferences, social priority, with an incontestable right to rank, honors, offices, and favors. Such, notably, were the provinces possessing their own government {pays a'c'tats), compared with those which elected the magistrates who apportioned taxation {pays d' election),^ 1 " Most of the French provinces down to ihe time of Richelieu still possessed a special representative body which consented to and levied the taxes; most of these bodies were supported by the all-powerful minister and replaced by intendants who, from that time on. administered, or rather exhausted, the country, divided into thirty-two generalities. A few provinces, however, Brittany, Rurfjundy, T.angue- doc, a part of Provence, Flanders, Artois, and some small districts in the Pyrenees kept their old representative body and were called pays d'etat, whilst other provinces were desifjnated, by a stranfje abuse of language, under the name ol pays d^ election,'''' (Translated from " Madame de Stael et son Temps," vol. i., p. 38.) 240 THE MODERN REGIME. book hi the two highest orders, the clergy and the nobles, compared with the third-estate, and the bourgeoisie, and the town corporations compared with the rest of the inhabitants. On the other hand, opposed to these historical favorites were the historical disinherited, the latter much more numer- ous and counting by millions — the taxable commons, all sub- jects without rank or quality, in short, the ordinary run of meo, especially the common herd of the towns and particu- larly of the country, all the more ground down on account of their lower status, along with the Jews lower yet, a sort of foreign class scarcely tolerated, with the Calvinists, not only deprived of the humblest rights but, again, persecuted by the State for the past one hundred years. All these people, who have been transported far outside of civic relationships by historic right, are brought back, in 1789, by philosophic right. After the declarations of the Constituent Assembly, there are no longer in France either Bretons, Provencals, Burgundians or Alsatians, Catholics, Protestants or Israelites, nobles or plebeians, bourgeois or rus- tics, but simply Frenchmen, all with the one title of citizens, all endowed with the same civil, religious and political rights, all equal before the State, all introduced by law into every career, collectively, on an equal footing and without fear or favor from anybody ; all free to follow this out to the end without distinction of rank, birth, faith or fortune ; all, if they are good runners, to receive the highest prizes at the end of the race, any office or rank, especially the leading honors and positions which, thus far reserved to a class or coterie, had not been allowed previously to the great multitude. Hence- forth, all Frenchmen, in theory, enjoy rights in common; unfortunately, there is only the theory. In reality, in all state relationships {dans la cite), the new-comers appropriate to themselves the offices, the pretensions, and more than the privileges of their predecessors ; the latter, consisting of large and small land-owners, gentlemen, parliamentarians, officials, ecclesiastics, notables of every kind and degree, are imme- diately deprived of the rights of man. Surrendered to rural iacqueries and to town mobs, they undergo, first, the abandon- CHAP. III. OBJECT AND MERITS OF THE SYSTEM. 241 ment and, next, the hostility of the State : the public gen- darme has ceased to protect them and refuses his services ; afterwards, on becoming a Jacobin, he declares himself their enemy, treats them as enemies, plunders them, imprisons them, murders them, expels or transports them, inflicts on them civil death, and shoots them if they dare return; he deprives their friends or kindred who remain in France of their civil rights ; he deprives the nobles or the ennobled of their quality as Frenchmen, and compels them to naturalize themselves afresh according to prescribed formalities ; he renews against the Catholics the interdictions, persecutions and brutalities which the old government had practised against the Calvin- ist minority. — Thus, in 1799 as in 1789, there are two classes of Frenchmen, two kinds of unequal men, the first one supe- rior, installed in the civic fold, and the second, inferior and ex- cluded from it ; only, in 1799, the greatest inequality consigned the inferior and excluded class to a still lower, more remote, and much worse condition. The principle, nevertheless, subsists ; since 1789 it is in- scribed at the top of every constitution ; it is still proclaimed in the new constitution. It has remained popular, although perverted and disfigured by the Jacobins ; their false and gross interpretation of it could not bring it into discredit ; athwart the hideous grotes(]ue caricature, all minds and sentiments ever recur to the ideal form of the ci'fc', to the veritable social con- tract, to the impartial, active, and permanent reign of dis- tributive justice. Their entire education, all the literature, philosophy and culture of the eighteenth century, leads them onward to this conception of society and of rights ; more pro- foundly still, they are predisposed to it by the inner structure of their intelligence, by the original cast of their sensibility, by the hereditary defects and qualities of their nature and of their race. — The Frenchman easily and quickly grasps some general trait of objects and persons, some characteristic in common ; here, this characteristic is the inherent quality of man which he dexterously makes prominent, clearly isolates, and then, stepping along briskly and confidently, rushes ahead 242 THE MODERN REGIME. book hi. on the high-road to consequences/ He has forgotten that his summary notion merely corresponds to an extract, and a very brief one, of man in his completeness ; his decisive, precipitate process hinders him from seeing the largest portion of the real individual ; he has overlooked numerous traits, the most im- portant and most efficacious, those which geography, his- tory, habit, condition, manual labor, or a liberal education, stamp on intellect, soul and body and which, through their differences, constitute different local or social groups. Not only does he overlook all these characteristics, but he sets them aside ; they are too numerous and too complex ; they would interfere with and disturb his thoughts ; however fitted for clear and comprehensive logic he is so much the less fitted for complex and comprehensive ideas ; consequently, he avoids them and, through an innate operation of which he is uncon- scious, he involuntarily condenses, simplifies and curtails ; henceforth, his idea, partial and superficial as it is, seems to him adequate and complete ; in his eyes the abstract quality of man takes precedence of and absorbs all others ; not only has this a value, but the sole value. One man, therefore, is as good as another and the law should treat all alike. — Here, amour-propre, so vivacious in France, and so readily excited, comes in to interpret and apply the formula.' Since all men equal each other, I am as good as any man; if the law confers a right on people of this or that condition, fortune or birth, it must confer the same right on me. Every door that is open to them must be open to me ; every door that is closed to me must be closed to them. Otherwise, I am treated as an in- ferior and wounded in my deepest feelings. When the legis- lator places a ballot in their hands he is bound to place another just like it in my hands, even if they know how to use it and I do not, even if a limited suffrage is of use to the 1 Cf. on the antiquity of this sort of mind, evident from the beginning of society and of French literature, my " History of English Literature," vol. i., and " La Fontaine et ses fables," pp. lo to 13. 2 In relation to this sentiment, read La Fontaine's fable of " The Rat and the Elephant." La Fontaine fully comprehended its social and psychological bearing. "To believe one's self an important personage is very common in France. ... A childish vanity is peculiar to us. The Spaniards are vain, but in another way. It is specially a French weakness." CHAP. III. OBJECT AND MERITS OF THE SYSTEM. 243 community and universal suffrage is not. So much the worse if I am sovereign only in name, and through the imagination; J consent to my sovereignty being illusory, but with the under- standing that the sovereignty of others is regarded likewise; so I prefer servitude and privation for all, rather than liberties and advantages for a few, and, provided the same level is passed over all heads, I submit to the yoke for all heads, in- cluding my own." Such is the internal composition of the instinct of equality, and such is the natural instinct of Frenchmen. It is beneficial or mischievous according as one or the other of its ingredients predominates, at one time the noble sentiment of equity and at another time the low envy of foolish vanity;' healthy or unhealthy, however, its power in France is enormous, and the new regime gratifies it in every possible way, good or bad. No more legal disqualifications! On the one hand, the repub- lican laws of proscription or of exception were all repealed: .we have seen an amnesty and the return of the emigres, the Concordat, the restoration of Catholic worship, the compulsory reconciliation of the constitutionalists with the orthodox; the First Consul admits no difference between them; his new clergy are recruited from both groups and, in this respect, he forces the Pope to yield." He gives twelve of the sixty epis- copal thrones to former schismatics; he wants them to take their places boldly; he relieves them from ecclesiastical peni- tence and from any humiliating recantation; he takes care that, in the other forty-eight dioceses, the priests who formerly took the civic oath shall be employed and well treated by their superiors who, at the same epoch, refused to take the civic oath. On the other hand, all the exclusions, inequalities and distinctions of the monarchy remain abolished. Not only are the Calvinist and even Israelite cults legally authorized, the same as the Catholic cult, but, again, the Protestant consisto- I Beupnot, " M(?moires,'''' i., 317. " This equnlily which is now our dominant pas- sion is not the noble kindly scntitncnt that affords delitrht by honoring one's self in hon- oring one's fellow, and 111 fcelinc at ease in all social rclaiionships ; no, it is an aversion to every kind of superiority, a fear lest a prominent position may be lost ; ihis equality tends in no way to raise up what is kept down, but to prevent any elevation whatever." a D'Haussonville, " I'Eglise romaine ct le Premier Empire," i., chs x. and xi. 244 THE MODERN R^GIAfE. book hi. ries and Jewish synagogues' are constituted and organized on the same footing as the Catholic churches; pastors and rabbis likewise become functionaries under the same title as bishops and cures; all are recognized or sanctioned by the government and all equally benefit by its patronage : it is an unique thing in Europe to find the small churches of the minority obtaining the same measure of indifference and good will from the State as the great church of the majority, and, henceforth, in fact as in law, the ministers of the three cults, formerly ig- nored, tolerated or proscribed, enjoy their rank, titles and honors in the social as well as in the legal hierarchy, equally with the ministers of that cult which was once the only one dominant or allowed. In like manner, in the civil order of things, no inferiority or discredit must legally attach to any condition whatever, either to plebeian, villager, peasant or poor man as such, as formerly under the monarchy; nor to noble, bourgeois, citizen, notable or rich man, as recently under the Republic; each of these two classes is relieved of its degradation; no class is bur- dened by taxation or by the conscription beyond its due; all persons and all property find in the government, in the ad- ministration, in the tribunals, in the gendarme, the same reli- able protection, — all of which stands for equity and the true spirit of equality. — We have now to consider equ^.lity in a bad and envious spirit. The plebiscite, undoubtedly, as well as the election of deputies to the Corps Legislatif are simply comedies; but, in these comedies, one role is as good as an- other and the duke of the old or new pattern, a mere figurant among hundreds and thousands of others, votes only once like the corner-grocer. Undoubtedly, the private individual of the commune or department, in institutions of charity, worship or education, is deprived of any independence, of any initiation, of any control, as the State has confiscated for itself all col- I Decree of March 17, 1808, on the organization of the Israelite cult. The mem- bers of the Israelite consistories and the rabbis must be accepted by the government the same as the ministers of the other cults ; but their salary, which is fixed, must be provided by the Israelites of the conscription ; the State does not pay this, the same as with cures or pastors. This is not done until under the monarchy of July, when the assimilation of the Israelite with the other Christian culls is effected. ChAP. III. OBJECT AND MERITS OF THE SYSTEM. 245 lective action; but the classes deprived of this are especially the upper classes, alone sufficiently enlightened and wealthy to take the lead, form projects and provide for expenditure: in this usurpation, the State has encroached upon and eaten deeper into the large body of superior existences scattered about than into the limited circle where humbler lives clamber and crawl along ; nearly the entire loss, all perceptible priva- tion, is for the large landed proprietor and not for his hired hands, for the large manufacturer or city merchant and not for their workmen or clerks,' while the clerk, the workman, the journeyman, the handicraftsman, who grumble at being the groundlings, find themselves less badly off since their mas- ters or patrons, fallen from a higher point, are where they are and they can elbow them. Now that men are born on the ground, all on the same level, and are confined within universal and uniform limits, social life no longer appears to them other than ^. competition, a rivalry instituted and proclaimed by the State, and of which it is the umpire; for, through its interference, all are comprised within its enclosure and shut up and kept there; no other field is open to run on; on the contrary, every career within these bounds, indicated and staked out beforehand, offers an oppor- tunity for all runners: the government has laid out and lev- elled the ground, established compartments, divided off and prepared rectilinear lists which converge to the goal ; there, it presides, the unicjue arbiter of the race, exposing to all com- petitors the innumerable prizes which it proposes for them. — These prizes consist of offices, the various employments of the State, political, military, ecclesiastical, judiciary, administra- tive and university, all the honors and dignities which it dis- penses, all the grades of its hierarchy from the lowest to the highest, from that of corporal, college-regent, alderman, office- I ""Travels in France during the years 1814 and 1815 " (Edinburgh. 1806) i., 176. "The nobility, the great landed proprietors, the yeomanry, the lesser farmers, all of the intermediate ranlcs who migln oppose a check to the power of a tyrannical prince, are nearly annihilated." — Ibid., 236. " Scarcely an intermediate rank was to be found in the nation between the sovereign and the peasant." — Ibid., ii. 239. " The better class of the inhabitants of the cities, whether traders and manufacturers or the bourgeoisie of France, are those who were the most decided enemies of Bonaparte." 246 THE MODERN REGIME. BOOK li^. supernumerary, assistant priest up to that of senator, marshal of France, grand master of the university, cardinal, and min- ister of State. It confers on its possessor, according to the greater or lesser importance of the place, a greater or lesser portion of the advantages which all men crave and seek for — money, power, patronage, influence, consideration, irriportance and social pre-eminence; thus, according to the rank one at- tains in the hierarchy, one is something, or of some account; outside of the hierarchy, one is nothing. Consequently, the faculty forgetting in and advancing one's self in these lists is the most precious of all; in the new regime it is guaranteed by the law as a common right and is open to all Frenchmen. As no other outlet for them is allowed by the State it owes them this one; since it invites them and re- duces everybody to competing under its direction it is bound to bean impartial arbiter; since the quality of citizen, in itself and through it alone, confers the right to make one's way, all citizens indifferently must enjoy the right of succeeding in any employment, the very highest, and without any distinction as to birth, fortune, cult or party. There must be no more prelim- inary exclusions, no more gratuitous preferences, undeserved favors, anticipated promotions, no more undue partiality. Such is the rule of the modern State: constituted as it is, that is to say, monopolizer and omnipresent, it cannot violate this rule for any length of time with impunity. In France, at least, the good and bad spirits of equality agree in exacting adherence to it: on this point, the French are unanimous; no article of their social code is more cherished by them; this one flatters their amour-propre and tickles their imagination; it exalts hope, nourishes illusion, intensifies the energy and enjoyment of life. Thus far, the principle has remained inert, powerless, held in suspension in the air, in the great void of speculative declarations and of constitutional promises; Napoleon brings it down to the ground and renders it practical; that which the assemblies had decreed in vain for ten years he brings about for the first time and in his own interest. To exclude a class or category of men from offices and promotion would be equivalent to depriving one's self gratuitously of all the tal- CHAP. III. OBJECT AND MERITS OF THE SYSTEM. 247 ents it contains, and, moreover, to incurring, besides the inevi- table rancor of these frustrated talents, the sullen and lasting discontent of the entire class or category. The First Consul ■would do himself a wrong were he to curb his right to choose: he needs every available capacity, and he takes them where he finds them, to the right, to the left, above or below, in order to keep his regiments full and enroll in his service every legiti- mate ambition and every justifiable pretension. Under the monarchy, an obscure birth debarred even the best endowed men from the principal offices: under the Con- sulate and the Empire the two leading personages of the State are Maupeou's old secretary, a fecund translator,' for- merly councillor in a provincial court of justice, Lebrun and Cambaceres, one, third-consul, then Due de Plaisance and arch-chancellor of the Empire, and the other, second-consul, then Due de Parme and arch-chancellor of the Empire, both of them being princes; similarly, the marshals are new men and soldiers of fortune, a few of them born in the class of inferior nobles or in the ordinary bourgeois class, mostly among the people or even amongst the populace, and, in its lowest ranks, Massena, the son of a wine-dealer, once a cabin-boy and then common soldier and non-commissioned officer for fourteen years; Ney, son of a cooper, Lefebvre, son of a miller, Murat, son of a tavern-keeper, Lannes, son of an ostler, and Augereau, son of a mason and a female dealer in fruit and vegetables. — Under the Republic, noble birth con- signed, or confined, the ablest and best qualified men for their posts to a voluntary obscurity, only too glad when their names did not condemn them to exile, imprisonment or to the guillotine. Under the Empire, M. de Talleyrand is prince of Benevento, minister of foreign affairs and vice-grand-elector with a salary of five hundred thousand francs. We see personages of old race figuring in the first ranks : among the clergy M. de Roquelaure, M. de Boisdgelin, M. de Broglie, M. Ferdinand de Rohan ; in the magistracy, M. 1 Napoleon, desirous of forming an,opinion of him, said to Rcederer, "Send me his books." " But," said Rcederer, " he is only a translator." "No matter," replied Napoleon, " I will read his prefaces." 248 THE MODERN REGIME. book iiu Seguier, M. Pasquier, M. Mole; on the domestic and decora- tive staff of the palace, Comte de Segur, grand-master of ceremonies, Comte de Montesquiou-Fezensac, grand-cham- berlain, also as chamberlains, Comtes d'Aubusson de la Feuillade, de Brigode, de Croy, de Coutades, de Louvois, de Brancas, de Gontaut, de Grammont, de Beauvau, de Lur- Saluces, d'Haussonville, de Noailles, de Chabot, de Turenne,' and other bearers of historic names. — During the Revolution, at each new parliamentarian, popular or military coup d'etat the notabilities of the vanquished party were always excluded from office and generally outlawed. After the coup d'etat of Brumaire, not only are the vanquished of the old parties all brought back under the protection of 'the law, but, again, their notables are promoted to the highest offices. Among the monarchists of the Constituent Assembly Malouet is made councillor of State, and Maury archbishop of Paris; forty- seven other ecclesiastics who, like himself, refused to take the oath to the civil constitution of the clergy, are appointed, like him, to episcopal thrones. Among the Feuillants oi the Legis- lative Assembly, Vaublanc is made prefect, Beugnot a coun- cillor of State and minister of the finances in the grand-duchy of Berg, Matthieu Dumas a brigadier-general and director of reviews, Narbonne becomes the aid-de-camp and the intimate interlocutor of Napoleon, and then ambassador to Vienna; if Lafayette had been willing, not to ask for but to accept the post, he would have been made a marshal of France. — Among the few Girondists or Federalists who did not perish after the 2d June, Riouffe is prefect and baron, Lanjuinais is senator and count; among others proscribed, or half proscribed, the new regime restores to and places at the head of affairs the superior and special employes whom the Reign of Terror had driven away, or singled out for slaughter, particularly the heads of the financial and diplomatic services who, denounced by Robespierre on the 8th Thermidor, or arrested on the morn- I Cf. the " Dictionnaire biographique," published at Leipsic, 1806-1808 (by Eymory) 4 vols., and the " Almanach imperial " for 1807 to 1812; many other historic names are found there, and amonjif these the ladies of the pUace. In 1810, Comte de la Roche- foucauld is ambassador to Holland and Comte de Mercy-Argenteau ambassador to Bavaria. I -CHAP. III. OBJECT AND MERITS OF THE SYSTEM. 249 ing of the 9th already felt their necks under the blade of the guillotine; Reinhart and Otto are ambassadors, Mollien is count and treasury minister, Miot becomes councillor of state, Comte de Melito minister of finances at Naples, while Gaudin is made minister of finances in France and Due de Gaete. Among the transported or fugitives of Fructidor, Barthelemy becomes senator, Barbe-Marbois director of the Treasury and first president of the Cour des Comptes; Simeon, councillor of State and then minister of justice in Westphalia; Portalis is made minister of worship, and Fontanes grand-master of the University. The First Consul passes the sponge over all political antecedents: not only does he summon to his side the moderates and half-moderates of the Constituent and Legislative Assemblies, of the Convention and of the Direc- tory, but again he seeks recruits among pure royalists and pure Jacobins, among the men the most devoted to the ancient regime and amongst those most compromised by the Revolu- tion, at both extremities of the most extreme opinions. We have just seen, on the one side, what hereditary favorites of a venerable royalty, what born supporters of the deposed dynasty, are elevated by him to the first of his magisterial, clerical and court dignities. On the other hand, apart from Chasset, Rcederer and Gregoire, apart from Fourcroy, Berber and Real, apart from Treilhard and Boulay de La Meurthe, he employs others branded or noted for terrible acts, Ba- rere himself, at least for a certain period, and in the sole ofiice he was fitted for, that of a denunciator, gazetteer and stimu- lator of public opinion; everybody has a place according to his faculties, and each has rank according to his usefulness and merit. Barere, consequently, becomes a paid spy and pamphleteer; Drouet, the postmaster, who arrested the royal family at Varennes, becomes sub-prefect at Sainte-Menehould; Jean-Bon Saint-Andre, one of the Committee of Public Safety, is made prefect at Mayence; Merlin de Douai, reporter of the law against suspects, is prosecuting attorney in the court of cassation; Fouche, whose name tells all, becomes minister of state and Duke of Otranto; nearly all of the survivors of the Convention are made judges of premiere instance or of 250 THE MODERN REGIME. book iik appeal, revenue-collectors, deputies, prefects, foreign consuls, police commissioners, inspectors of reviews, head-clerks in the post-offices, custom-houses and tax-offices, while, in 1808, among, these functionaries, one hundred and thirty were regicides.* II. To make one's way, get ahead, and succeed in the world is now the dominant thought in the minds of men. Before 1789, this thought had not acquired sovereign control in their minds ; it found that there were rival ideas to contend with, and it had only half-developed itself ; its roots had not sunk down deep enough to monopolize the activity 01 the imagina- tion, to absorb the will and possess the mind entirely ; and the reason is that it lacked both air and aliment. Promotion, under the old monarchy, was slow, and in the first place, be- cause the monarchy was old and because in every order which is not new each new generation finds that every office is filled, and next, because, in this old order founded on tradition and heredity, future vacancies were supplied long beforehand. The great social staircase led to several stories ; each man could ascend every step of his own flight, but he could not mount above it ; the landing reached, he found closed doors and nearly insurmountable barriers. The story above was re- served to its own inhabitants ; they occupied it now and were still to occupy it in time to come ; the inevitable successors of the titular possessor were seen around him on each step, his equals, peers and neighbors, one or the other often desig- nated by name as his legal heir, the purchaser of his sur- vivorship. In those days, not only was the individual himself considered, his merits and his services, but likewise his family and ancestry, his state and condition, the society he entered into, the "salon" he maintained, his fortune and his fol- lowers ; these antecedents and surroundings composed the quality of the personage ; without this requisite quality, he could not go beyond the landing-place. Strictly speaking, a personage born on the upper steps of one story might some- times succeed in mounting the lowest steps of the next story, T " The Revolution," U., 343. CHAP. III. OBJECT AND MERITS OF THE SYSTEM. 251 but there he stopped. In fine, it was always considered by those on the lower story that the upper story was inaccessible and, moreover, uninhabitable. Accordingly, most of the public offices, in the finances, in the administration, in the judiciary, in the parliaments, in the army, at court, were private property as is now the case with the places of advocates, notaries and brokers ; they had to be bought to enable one to follow these pursuits, and were very dear ; one had to possess a large capital and be content before- hand to derive only a mediocre revenue from it, ten, five and sometimes three per cent on the purchase-money.' The place once acc^uired, especially if an important one, involved official parade, receptions, an open table, a large annual outlay -^ it often ran the purchaL-er in debt ; he knew that his acquisition would bring him more consideration than crowns. On the other hand, to obtain possession of it, he had to secure the good-will of the body of which he became a member, or of the patron who bestowed the office, that is to say, he must be re- garded by his future colleagues as acceptable, or by the patron as a guest, invited, and possibly to live with him on terms of familiarity, in other words, provide sponsors for himself, fur- nish guarantees, prove that he was well-off and well-educated, that his ways and manners qualified him for the post, and that, in the society he was about to enter, he would not turn out unsuitable. To maintain one's self in office at court one was obliged to possess the tone of Versailles, cpiite different from that of Paris and the provinces.^ To maintain one's self in a high parliamentary position, one was expected to j)ossess local alliances, moral authority, the traditions and deportment handed down from father to son in the old magistrate fami- lies, and which a mere advocate, an ordinary pleader, could not arrive at.* In short, on this staircase, each distinct story imposed on its inmates a sort of distinct costume, more or less I "The Revolution," vol. iii., pp. 318-3^2. ■J "The Ancient Rt!gime," pp. 116-119, 128. 3 De Tilly, " Mt^moircs," I., 153. "The drffercnce between the tone and language of the court and that of the city was about as great as that between Paris and the provinces." 4 Hence the lack of success of the Maupeou parliament. 252 THE MODERN REGIME. book in, costly, embroidered and gilded, I mean a sum of outward and inward habits and connections, all obligatory and indispen- sable, comprising title, particle and name : the announcement of any bourgeois name by a lackey in the ante-chamber would be considered a discord ; consequently, one had one's self ennobled in the current coin, or assumed a noble name gratis. Caron, son of a watchmaker, became Beaumarchais ; Nicolas, a foundling, called himself M. de Champfort ; Dan- ton, in public documents, signed himself d'Anton ; in the same way, a man without a dress-coat hires or borrows one, no matter how, on going out to dine ; all this was tolerated and accepted as a sign of good behavior and of final con- formity with custom, as in testimony of respect for the usages of good society. Through this visible separation of stories, people had ac- quired the habit of remaining in the condition in which they were placed ; they were not irritated by being obliged to stay in it ; the soldier who enlisted did not aspire to become an officer ; the young officer of the lower noblesse and of small means did not aspire to the post of colonel or lieutenant- general ; a limited perspective kept hopes and the imagination from fruitlessly launching forth into a boundless future : am- bition, humbled to the ground at the start, walked instead of flying ; it recognized at the outset that the summits were beyond its reach ; to be able to mount upward one or two steps was enough. — In general, a man obtained promotion on the spot, in his town, corporation or parliament. The as- sistant-counsellor who pleaded his first case in the court of Grenoble or of Rennes calculated that, in twenty years, he would become first judge at Grenoble or at Rennes, rest twenty years or more in office, and he aimed at nothing better. Alongside of the counsellor of a (court) presidency, or of an "election " magistrate, of a clerk in the salt-tax bureau, or in the frontier custom-house, or in the bureau of " rivers and forests," alongside of a clerk in the treasury or ministry of foreign affairs, or of a lawyer or prosecuting attorney, there was always some son, son-in-law or nephew, fitted by domestic training, by a technical apprenticeship, by moral adaptation, CHAP. III. OBJECT AND MERITS OF THE SYSTEM. 253 not only to perform the duties of the office, but to be con- tented in it, pretend to nothing beyond it, not to look above himself with regret or envy, satisfied with the society around him, and feel, moreover, that elsewhere he would be out of his element and uncomfortable. Life, thus restricted and circumscribed, was more cheerful then than at the present day ; souls, less disturbed and less strained, less exhausted and less burdened with cares, were healthier. The Frenchman, exempt from modern preoccupa- tions, followed amiable and social instincts, inclined to take things easily, and of a playful disposition owing to his natural talent for amusing himself by amusing others, in mutual en- joyment of each other's company and without calculation, through easy and considerate intercourse, smiling or laugh- ing, in short, in a constant flow of inspiration, good-humor and gayety.' It is probable that, if the Revolution had not inter- vened, the great parvenus of the time and of the Empire would, like their forerunners, have sul)mitted to circumambient necessities and readily accommodated themselves to the dis- cipline of the established regime. Cambaceres, who had suc- ceeded to his father as counsellor at the bar of Montpellier, would have become president (of the tribunal) in his turn ; meanwhile, he would have composed able jurisprudential 1 See the collections of songs previous to the Revolution, especially military songs such as " Malgrd la bataille,'" " Dans les gardes franjaises," etc. — At the time of the Restoration, the pastoral or gallant songs of Florian, BoufHers and Berqiiin were still sung in bourgeois families, each person, young or old, man or woman, singing one at the dessert. This undercurrent of gayety. geniality and amiability lasted throughout the Revolution and the Empire. ("Travels through the South of France, 1807 and 1808," p. 132, by Lieutenant-Colonel Pinkney, of the United States.) "I must once for all say that ihe Memoirs of Marmontel are founded in nature." He cites a great many facts in proof of this, and testifies in all classes to "a prompt and social nature, a natural benevolence or habitual civility which leads them instinctively, and n-^t un- frequently impertinently, into acts of kindness and consideration."— The s.ime im- pression IS produced on comparing the engravings, fashion-pUtes, light subjects and caricatun s of this period with those of the present epoch. The malicious seniiment begins only with Reranger ; and yet his early pieces (" Le Roi d'Vvetot," " le Sena- teur") display the light air, accent and happy, instead of venomous, malice of the old song. Nobody now sings in the lower bourgeoisie or in gatherings of clerks or stu- dents, while, along with the song, we have seen the other traits which impre«-sed foreigners disappear, the gallantry, the jesting humor, the determination to regard life as so many hours {une sdtie de quarts d''/ieures\, each of which may be separated from the others, be ample in themselves and agreeable to him who talks and to him or her who listens. 254 THE MODERN REGIME. book hi. treatises and invented some new pdt^ de becfigues ; Lebrun, former collaborator with Maupeou, might have become coun- sellor in the court of excise at Paris, or chief-clerk in the Treasury department ; he would have kept up a philosophical salon, with fashionable ladies and polished men of letters ta praise his elegant and incorrect translations. Amongst the future marshals, some of them, pure plebeians, Massena, Au- gereau, Lannes, Ney, Lefebvre, might have succeeded through brilliant actions and have become " officers of fortune," while others, taking in hand specially difficult services, like com- mandant Fischer who undertook the destruction of Mandrin's band, and again, like the hero Chevert, and the veteran Liick- ner, might have become lieutenant-generals. Rough as these men were, they would have found, even in the lower ranks, if not full employment for their superior faculties, at least suf- ficient food for their strong and coarse appetites ; they would have uttered just the same oaths, at just as extravagant sup- pers, with mistresses of just the same calibre.' Had their temperament, character and genius been indomitable, had they reared and pranced to escape bridle and harness and been driven like ordinary men, they need not have broken out of the traces for all that ; there were plenty of openings and issues for them on either side of the highway on which others were trotting along. Many families often contained, among numerous children, some hot-headed, imaginative youth, some independent nature rebellious in advance, in short, a refractory- spirit, unwilling or incapable of being disciplined; a regular life, mediocrity, even the certainty of getting ahead, were dis- tasteful to him ; he would abandon the hereditary homestead or purchased office to the docile elder brother, son-in-law or nephew, by which the domain or the post remained in the family ; as for himself, tempted by illimitable prospects, he would leave France and go abroad ; Voltaire says' that " Frenchmen were found everywhere," in Canada, in Louisi- ana, as surgeons, fencing-masters, riding-masters, officers,. 1 Read the novels of Pigault-Lebrun, books of the epoch the best adapted to the men of the epoch, the dashingr, free, jolly, military parvenus of limited natures. 2 Candide (R^cit de la Veille). CHAP. III. OBJECT AND MERITS OF THE SYSTEM. 255 engineers, adventurers especially, and even filibusters, trap- pers and backwoodsmen, the supplest, most sympathetic and boldest of colonizers and civilizers, alone capable of bringing the natives under assimilation by assimilating with them, by adopting their customs and by marrying their women, mixing bloods, and forming new and intermediary races, like Dumas de La Pailleterie, whose descendants have furnished original and superior men for the past three generations, and like the Canada half-breeds by which the aboriginal race succeeds in transforming itself and in surviving. They were the first ex- plorers of the great lakes, the first to trace the Mississippi to its mouth, and found colonial empires with Champlain and Lasalle in North America and with Dupleix and La Bour- donnais in Hindoostan. Such was the outlet for daring, un- controllable spirits, restive temperaments under constraint and subject to the routine of an old civilization, souls astray and unclassed from their birth, in which the primitive instincts of the nomad and barbarian sprouted afresh, in which insubor- dination was innate, and in which energy and capacity to take the initiative remained intact. — Mirabeau, having compromised his family by scandals, was on the point of being despatched by his father to the Dutch Indies, where deaths were common; it might happen that he would be hanged or become governor of some large district in Java or Sumatra, the venerated and adored sovereign of five hundred thousand Malays, both ends being within the compass of his merits. Had Danton been well advised, instead of borrowing the money with which to buy an advocate's place in the Council at about seventy thousand livres, which brought him only three cases in four years and obliged him to hang on to the skirts of his father-in-law, he would have gone to Pondicherry or to the palace of some in- digenous rajah or king as agent, councillor or companion of his pleasures ; he might have become prime-minister to Tippoo Saib, or other potentate, lived in a palace, kept a harem and had lacs of rupees ; undoubtedly, he would have filled his prisons and occasionally emptied them by a massacre, as at Paris in September, but it would have been according to local custom, and operating only on the lives of Sheikhs and Mah- 256 THE MODERN REGIME. BOOK III. rattas. Bonaparte, after the fall of his protectors, the two Robespierres, finding his career arrested, wanted to enter the Sultan's service ; accompanied by Junot, Muiron, Marmont and other comrades, he could have carried to Constantinople rarer commodities, much better compensated in the Orient than in the Occident, namely military honor and administra- tive talent ; he would have dealt in these two products, as he did in Egypt, at the right time and in the right place, at the highest price, without our conscientious scruples and without our European refinements of probity and humanity. No im- agination can picture what he would have become there ; certainly some pasha, like Djezzar in Syria, or a khedive like Mahomet-Ali, afterwards at Cairo ; he already saw himself in the light of a conqueror, like Ghengis-Khan,' a founder like Alexander or Baber, a prophet like Mahomet ; as he himself declares, " one could work only on a grand scale in the Orient," and there he would have worked on a grand scale ; Europe, perhaps, would have gained by it, and especially France. But the Revolution came on and the ambitions which, under the ancient regime, found a field abroad or cooled down at home, arose on the natal soil and suddenly expanded beyond all calculation. After 1789, France resembles a hive in a state of excitement ; in a few hours, in the brief interval of an August morning, each insect puts forth two huge wings, soars aloft and "all whirl together pell-mell; " many fall to the ground half cut to pieces and begin to crawl upward as before; others, with more strength or with better luck, ascend and glitter on the highways of the atmosphere. — Every great high- way and every other road is open to everybody through the decrees of the Constituent-Assembly, not only for the future, but even immediately. The entire ruling staff, directive or influential, political, administrative, provincial, municipal, ecclesiastical, educational, military, judicial and financial, is brusquely dismissed; all are summoned to take office who covet it and who have a good opinion of themselves ; all 1 " Metnoires," by M. X , i., 374. " I am sure that his imagination was more taken with Ghengis-Khan than with Caesar." CHAP. III. OBJECT AND MERITS OF THE SYSTEM. 257 previously existing conditions, biith, fortune, education, old family and all apprenticeships, customs and ways which retard and limit advancement, are abolished; there are no longer any guarantees or sponsors; all Frenchmen are eligible to all em- ployments; all grades of the legal and social hierarchy are con- ferred by a more or less direct election, a suffrage becoming more and more popular, by a mere numerical majority ; con- sequently, in all branches of the government under central or local authority and patronage, there is the installation of anew staff of officials; the transposition which everywhere substitutes the old inferior to the old superior, is universal;' "lawyers for judges, bourgeois for statesmen, former plebeians for former nobles, soldiers for officers, officers for generals, cures for bishops, vicars for cures, monks for vicars, stock-jobbers for financiers, empirics for administrators, journalists for publicists, rhetoricians for legislators, and the poor for the rich;" a sud- den jump from the bottom to the top of the social ladder by a few, from the lowest to the highest rung, from the rank of sergeant to that of major-general, from the condition of a pettifogger or starving newspaper-hack to the possession of supreme authority, even to the effective exercise of omnipo- tence and dictatorship — such is the capital, positive, striking work of the Revolution. At the same time, and in a counter-sense, a revolution is going on in minds and the moral effect of the spectacle be- comes grander and more lasting than the spectacle itself; souls have been stirred to their very depths ; torpid passions and slumbering pretensions are aroused. The multitude of offices presented and expected vacancies "has excited the thirst for power, stimulated amour-propre, and fired the hopes of men the most inept. An ardent, barbarous presumption has ren- dered the ignorant and the foolish unconscious of their nullity; they have deemed themselves capable of everything because the law has awarded public functions to cleverness alone. I "The Revolution," ii.. 12, 22. (Articles by Mallet-Dupan, " Mercure de France," Dec. 30, 1701, and April 7, 1792.)— Napoleon, " M«. CHAP. 1. DI:FECT AND EFFECTS OF THE SYS JEM. 299 Before 1789, collective personalities, provincial and com- munal, still existed. On the one hand, five or six great local bodies, represented by elective assemblies, full of life and spontaneously active, among others those of Languedoc and Brittany, still provided for and governed themselves ; the other provinces, which the central power had reduced to administra- tive circumscriptions, retained, at least, their historic cohesion, their time-honored name, the lament for, or at least the sou- venir of, their former autonomy, and, here and there, a few vestiges or fragments of their lost independence ; and, better yet, these old, paralyzed, but not mutilated bodies, had just assumed new life, and under their renewed organism were striving to give the blood in their veins a fresh start ; twenty- one provincial assemblies, instituted over the entire territory, between 1778 and 1787, and provided with powers of consid- erable importance, undertook, each in its own sphere, to direct provincial interests. Communal interest, also, had its repre- sentatives in the urban or rural communes. In the towns, a deliberative assembly, composed of the leading notables and of delegates elected by all the corporations and communities in the place, formed an intermittent municipal council the same as to-day, but much more ample, which voted and passed resolutions on important occasions ; there was a board of man- agement at the head of it, " the town corps," comprising the various municipal officials, the mayor, his lieutenant, sheriffs, prosecuting attorney, treasurer, and clerk,' now elected by the deliberative assembly, now the legal purchasers, heirs, and I Raynouard, " Histoire du droit municipal," ii., 356, and Dareste, " Histoire de I'ad- ministration en France," i., 209, 222. (Creation of the posts of municipal mayor and assessors by the king, in 1692, for a money consideration.) " These offices were obtained by individuals, along with hereditary title, now attaclied to communities, that is to say, bought in by these," which put in their possession ihe right of election. — The king frequently took back these offices which he had sold, and sold them over again. In 1771, especially, he takes them back, and, it seems, to keep them forever; but he always reserves the right of alienating them for money. Forexample (Augustin Thierry, " Documens sur I'histoire du tiers Ktat," iii., 319), an act of the royal council, dated October i, 1772, accepts 70000 francs from the town of Amiens for the repurchase t f the instalment of its magistracies, defining these magistracies, as well as the mode of election according to which the future incumbents shall be appointed. Provence frequently bought back its municipal liberties in the same fashion, and, for a hundred years, expended for this purpose 12,500,000 livres. In X772, the king once more established the venality of the municipal offices: but, on the 300 THE MODERN REGIME. book iv. proprietors of their office, the same as a notary or advocate of to-day owns his office, protected against administrative ca- prices by a royal acquittance, and, for a money consideration, titulary in their towns, the same as a parliamentarian in his parliament, and hence planted in, or grafted upon, the com- mune like a parliamentarian among his peers, and, like him, defenders of local interests against the central power. — In the village, the heads of families met together on the public square, deliberated in common over common affairs, elected the syn- dic, likewise the collectors of the taille, and deputies to the intendant ; of their own accord, and except with his approval, they taxed themselves for the support of the school, for repairs to the church or fountain, and for beginning or carrying on a suit in court. All these remains of the ancient provincial and communal initiative, respected or tolerated by monarchical centralization, are crushed out and extinguished ; the First Consul very soon falls upon these local societies and seizes them in his claws ; in the eyes of the new legislator they scarcely seem to exist ; there must not be any local personali- ties for him ; the commune and department, in his eyes, are merely territorial circumscriptions, physical portions of the public domain, provincial workshops to which the central State transfers and uses its tools, in order to work efficaciously and on the spot. Here, as elsewhere, he takes the business entirely in his own hands ; if he employs interested parties it is only as auxiliaries, at odd times, for a few days, to operate with more discernment and more economy, to listen to com- plaints and promises, to become better informed and the better to apportion changes ; but, except this occasional and subordi- nate help, the members of the local society must remain pas- sive in the local society ; they are to pay and obey, and nothing more. Their community no longer belongs to them, but to the government ; its chiefs are functionaries who depend on him, and not on it; it no longer issues its mandate ; all its legal mandatories, all its representatives and directors, municipal or Parliament of Aix remonstrating, in 1774, he returned their old rights and franchises to the communities — Cf. Guyot, "Repertoire de jurisprudence" (1784), articles, Echevins, Capitouh, Conseiilers. CHAP. I. DEFECT AND EFFECTS OF THE SYSTEM. 301 general councilors, mayors, sub-prefects or prefects, are im- posed on it from above, by a foreign hand, and, willingly or not, instead of choosing them, it has to put up with them. VI. At the beginning, an effort was made to put in practice the constitutional principle proposed by Sieyes : power in future, according to the accepted formula, must come from above and confidence from below. To this end, in the year ix, the assembled citizens appointed one-tenth of their number, about 500,000 communal notables, and these, likewise assembled, appointed also one-tenth of their number, about 50,000 depart- mental notables; the government selected from this list the municipal councilors of each commune, and, from this second list, the general councilors of each department. The machine, however, is clumsy, difficult to set going, still more difficult to manage, and too unreliable in its operation. According to the First Consul, " It is an absurd system, mere child's play, ideology ; a great nation is not organized in this fashion." ' At bottom,'' " he does not want notables accepted by the nation. In his system, he is to declare who the notables of the nation shall be and stamp them with the seal of the State ; it is not for the nation to present them to the head of the State stamped with the national seal." Consequently, at the end of a year, he becomes, through the establishment of electoral colleges, the veritable grand-elector of all the notables ; he has trans- formed, with his usual address, a liberal institution into a reigning instrumentality. Provisionally, he holds on to the list of communal notables, "because it is the work of the people, the result of a grand movement which must not prove useless, and because, moreover, it contains a large number of names . . . offering a wide margin from which to make good 1 Thibaudeaii, p. 72 (words of the First Consul at a meeting of the Council of State, Pluviosc 14, year x). a Roederer, iii., 439 (^Note of Pluviose 28, year viii), 26, 443. " The pretended organic Unatus consulte of Aug. 4, 1802, put an end to notability by instituting electoral colleges. .... The First Consul w.-is really recognized as the grand-elector of the notability." 302 THE MODERN REGIME. book iv. selections." ' He brings together these notables in each canton, and invites them to designate their trusty men, the candidates from which he will choose municipal councilors. But, as there are very few cultivated men in the rural districts, " nearly always it is the old seignior who would get himself desig- nated ";'' It is essential that the hand of the government should not be forced, that its faculty of choosing should not be restricted ; thus, the presentation of municipal councilors of that category must cease, there must no longer be any pre- liminary candidates ; now, according to the senatus-consulte, this category is a large one, for it comprises all communes of less than five thousand souls, and therefore over thirty-five thousand municipal councils out of thirty-six thousand, whose members are appointed arbitrarily, without the citizens whom they represent taking any part in their nomination. Four or five hundred average or large communes still remain, in which, for each municipal post, the cantonal assembly designates two candidates between whjom the government chooses. Let us see this assembly duly installed and at work. Its president, as a precautionary step, is imposed upon it, appointed in advance by the government, and well informed as to what the government wants ; he alone controls the police of the chamber and the order of all deliberations. On open- ing the session, he draws a list from his pocket, which list, fur- nished by the government, contains the names of one hundred of the heaviest taxpayers of the canton, from whom the assembly must select its candidates ; the list lies spread out on the table, and the electors advance in turn, spell the names, and try to read it over. The president would not be very adroit and show but little zeal did he not help them in read- ing it, and if he did not point out by some sign, a tone of the voice, or even a direct word, what names were agreeable to the government. Now, this government, which has five hun- dred thousand bayonets at command, dislikes opposition : the I Thibaudeau, 72, 289 (words of the First Consul at a meeting of the Council of State, Thermidor 16, year x). • 2 Ilnd., p. 293. Senatus-consulte of Thermidor 16, year x, and act of Fructidor 19, year X. CHAi'. I. DEFECT AND EFFECTS OF THE SYSTEM. 303 electors know it, and look twice before expressing any counter opinion ; it is very probable that most of the names suggested by the government are found on their ballots ; were only one- half of them there, these would suffice ; of the two candidates proposed for each place, if one is acceptable that one will be elected ; after making him a candidate the government insures his becoming titulary. The first act of the electoral comedy is played, and it is not long before no trouble whatever is taken to play it. After January, 1806, by virtue of a decree which he has passed himself, Napoleon is the only one ' who will directly fill every vacancy that occurs in the municipal councils ; henceforth these councils are to owe their exis- tence wholly to him. The two qualities which constitute them, and which, according to Sieyes, are derived from two distinct sources, are now derived from only one source. Only the Emperor can confer upon them both public confidence and legal power. The second act of the comedy begins ; this act is more com- plicated, and comprises several scenes which end, some of them, in the appointment of the arrondissement councils, and others in that of the council-general of the department. We will take only the latter, the most important ;^ there are two, one following the other, and in different places. The first one* is played in the cantonal assembly above described ; the president, who has just directed the choice of municipal can- didates, draws from his portfolio another list, likewise fur- nished to him by the prefect, and on which six hundred names of those who pay the heaviest taxes in the department are printed ; it is from among these six hundred that the cantonal assembly must elect ten or twelve members who, with their fel- lows, chosen in the same way by the other cantonal assemblies, will form the electoral college of the department, and take their seats at the chief town of the prefecture. This time 1 Decree of January 17, 1806, article 40. 2 Aucoc. '■ Conference sur P.aciministration et Ic droit administratif," §§ loi, 162, 165. In our legislative system the council of the arr()«^//jMv;«f«/ has not become a civil personality, while it h.is scarcely any other object than to apportion direct taxes among the com- munes of the arrondissement. 3 Stfnat us-consu//e ot ThermidoT 16, year x. 304 THE MODERN REGIME. book iv. again, the president, who is the responsible leader of the can- tonal flock, takes care to conduct it ; his finger on the list indicates to the electors which names the government prefers ; if need be, he adds a word to the sign he makes, and, probably, the voters will be as docile as before ; and all the more because the composition of the electoral college only half interests them ; this college, unlike the municipal council, does not touch or hold any of them on their sensitive side ; it is not obliged to tighten or loosen their purse-strings ; it does not vote the " additional centimes "; it does not meddle with their business ; it is there only for show, for simulating to their eyes the absent people, for presenting them with candidates, thus playing the second electoral scene just the same as the first one, but at the chief town of the prefecture by new actors. They too, these figurants, are led by a head conductor, ap- pointed by the government, and who is responsible for their behavior, "a president who has in sole charge the police of their assembled college," and must direct their voting. For each vacancy in the council-general of the department, they present two names ; certainly, almost without any help, or the slightest suggestion, they will divine the suitable names. For they are quicker of comprehension, more open minded, than the backward and rustic members of a cantonal assembly ; they are better informed and better " posted," they have vis- ited the prefect and know his opinion, the opinion of the gov- ernment, and they vote accordingly. It is certain that one- half, at least, of the candidates whom they present on this list are good, and that suffices, since the candidates who are nomi- nated are double the number of the vacancies. And yet, in Napoleon's eye, this is not sufficient. For the nomination of general councilors,' as well as that of municipal councilors, he suppresses preliminary candidature, the last remnant of pop- ular representation or delegation. According to his theory, he is himself the sole representative and delegate of the peo- ple, invested with full powers, not alone in the State, but again in the department and commune, the prime and the uni- I Decree of May 13, 1806, title iii., article 32. CHAP. I. DEFECT AND EFFECTS OF THE SYSTEM. 305 versal motor of the entire machine, not merely at the center, but again at the extremities, dispenser of ail public employ- ments, not merely to suggest the candidate for these and make him titulary, but again to create directly and at once, both titulary and candidate. VII. Observe the selections which he imposes on himself before- hand ; these selections are those to which he has tied down the electoral bodies. Being the substitute of these bodies, he takes, as they do, general councilors from those in the depart- ment who pay the most taxes, and municipal councilors from those most taxed in the canton. On the other hand, by virtue of the municipal law, it is from the municipal councilors that he chooses the mayor. Thus the local auxiliaries and agents he employs are all notables of the place, the leading land- owners and largest manufacturers and merchants. He syste- matically enrolls the distributors of labor on his side, all who, through their wealth and residence, through their enterprises and expenditure on the spot, exercise local influence and authority. In order not to omit any of these, and be able to introduce into the general council this or that rich veteran of the old regime, or this or that parvenu of the new regime who is not rich, he has reserved to himself the right of adding twenty eligible members to the list, "ten of which must be taken from among citizens belonging to the Legion of Honor, or having rendered important services, and ten taken from among the thirty in the department who pay the most taxes." In this way none of the notables escape him ; he recruits them in his own fashion and according to his necessities, now among men of the Revolution whom he does not want to see discredited or isolated,' now among men of the old I Thibaudeau, ibid., 294 (Speech of the First Consul to the Council of State, Thermi- dor 16, year x). " What has become of the men of the Revolution? Once out of place, they have been entirely neglected : they have nothing left ; they have no support, no natural refuge. Look at Barras, Rcwbcll, etc." The electoral colleges are to furnish them with the asylum they lack. " Now is the time to elect the largest number of men of the Revolution ; the longer we wait, the fewer there will be With the exception of some of them, who have appeared on a grand stage, .... who have signed some treaty of peace, .... the rest arc all isolated and in obscurity. That is an important gap which must be filled up It is for this reason that I have instituted the Legion of Honor." 306 THE MODERN REGIME. BOOK IV. monarchy whom he wants to rally to himself by favor or by force. Such is the Baron de Vitrolles/ who, without asking for the place, becomes mayor of Versailles and councilor- general in Basses-Alps, and then, a little later, at his peril, inspector of the imperial sheepfolds. Such is the Count de Villele, who, on returning to his estate of Morville, after an absence of fourteen years, suddenly, "before having deter- mined where he would live, either in town or in the country," finds himself mayor of Morville. 'J'o make room for him, his predecessor is removed and the latter, " who, since the com- mencement of the Revolution, has performed the functions of mayor," is let down to the post of assistant. Shortly after this the government appoints M. de Villele president of the cantonal assembly. Naturally the assembly, advised under- handedly, presents him as a candidate for the general council of Haute-Garonne, and the government places him in that office. — " All the notable land-owners of the department formed part of this council, and the Restoration still found us there seven years afterwards. General orders evidently ex- isted, enjoining the prefects to give preference in their choice to the most important land-owners m the country." Like- wise, " Napoleon everywhere takes the mayors from the rich and well-to-do class"; in the large towns he appoints only "people with carriages."' Many of them in the country and several in the towns are legitimists, at least at heart, and Napoleon knows it ; but, as he says, " these folks do not want an earthquake"; they are too much interested, and too per- sonally, in the maintenance of order.' Moreover, to insure 1 Baron de Vitrolles, " Memoires," preface, xxi. Comte de Villele, " Memoires et Correspondance," i., 189 (Aiigu&l, 1807). 2 Faber, " Notice sur I'interieur de la France" C1807), p. 25. 3 The following document shows the sense and aim of the change, which goes on after the year vm, also the contrast between both administrative staffs. (Archives Nationales, F 7, 32ig; letter of M. Alquier to the First Consul, Pluviose 18, year viii.) M. Alquier, on his way to Madrid, stops at Toulouse and sends a report to the authorities of Haute- Garonne : " I was desirous of seeing the central administration. I found there the ideas and language of 1793. Two personages, Citizens Barreau and Desbarreaux, play an active part then. Up to 1792, the first was a shoemaker, and owed his political fortune simply to his audacity and revolutionary frenzy. The second, Desbarreaux, was a comedian of Toulouse, his principal role being that of valets. In the month of Prairial. year iii, he was compelled to go down on his knees on the stage and ask pardon for having madeincen- CHAP. I. DEFECT AND EFFECTS OF THE SYSTEM. 307 his government appearing to advantage, he needs people that are decorative ; now it is only these who can be so gratis, make a figure without salaries, at their own expense, in them- selves and on the spot. Besides, they are the most intelligent, the best able to supervise accounts, to examine article by arti- cle the budgets of the department and commune, to compre- hend the necessity of a road and the utility of a canal, to offer pertinent observations, to proclaim wise decisions, to obey orders as discreet and useful collaborators. All this they will not refuse to do if they are sensible people. In every regime it is better to be with the governors than with the governed, and in this case, when the broom is wielded from above and applied so vigorously and with such minutiae to everybody and everything, it is well to be as near the handle as possible. And what is still better, they will volunteer, especially at the beginning, if they have any feeling; for, at least during the first years, one great object of the new government is the re- establishment of order ; in the local as well as in the general administration, it is well-disposed and desires to mend matters ; it undertakes the suppression of robbery, peculation, waste, calculated or involuntary usurpations, fanciful ideas and proj- ects, negligence, and bankruptcy. "Since 1790,"^ says the First Consul to the minister of the interior, " the 36,000 com- munes represent, in France, 36,000 orphans .... girls aban- doned or plundered for ten years by their municipal guardians, appointed by the Convention and the Directory. In chang- ing the mayors, assistants, and councilors of the commune, diary speeches at some previous period in the decadal temple. The public, not deeming his apology sufficient, drove him out of the theater. He now combines with his function of departmental administrator the post of cashier for the actors, which thus brings him in 1200 francs The municipal councilors are not charged with lack of probity . but they arc derived from too low a class and liave too little regard for themselves to obtain consid- eration from the public The commune of Toulouse is very impatient at being governed by weak, ignorant men, formerly mixed in with the crowd, and whom, probably, it is urgent to send back to it It is remarkable that, in a city of such importance, which provides so large a numljer of worthy citizens of our sort of capacity and education, only men are selected for public duties who, with respect to instruction, attainments, and breeding, oJTcr tio guarantee whatever to the governiiietit and no inducement to win public consideration." I " Correspondance de Napoleon," No. 4474, note dictated to Lucien, minister of the interior, year viii. 3o8 THE MODERN REGIME. BOOK iv. scarcely more has been done than to change the mode of steal- ing ; they have stolen the communal highway, the by-roads the trees, and have robbed the Church ; ^ they have stolen the furniture belonging to the commune and are still stealing under the flabby municipal system of the year viii." All these abuses are followed up and punished ; ^ the robbers are obliged to restore and will steal no more. The budget of the com- mune must be annually prepared,^ like that of the State, with the same method, precision, and clearness, receipts on one side and expenses on the other, each section divided into chapters and each chapter into articles, the state of the debits and date of each debt, the state of the assets and a tabular enumeration of distinct resources, available capital and unpaid claims, fixed income and variable income, certain revenue and possible revenue ; in no case must " the calculation of pre- sumable expenditure exceed the amount of presumable in- come." In no case must " the commune demand or obtain an extra tax for its ordinary expenses." Exact accounts and rigid economy, such are everywhere indispensable, as well as preliminary reforms, when a badly kept house has to be trans- formed into one which is kept in good order ; the First Con- sul has at heart these two reforms and he adheres to them. Above all there must be no more indebtedness ; now, more than one-half of the communes are in debt. " Under penalty of dismissal, the prefect is to visit the communes at least twice a year, and the sub-prefect four times a year." A reward must be given to mayors who free their commune of debt in two years, and the government will appoint a special commis- sioner to take charge of the administration of a commune which, after a delay of five years, shall not be liberated. 1 Cf. " Proces-verbaux des conseils generaux " of the year viii, and especially of the- year ix. " Many of the cross-roads have entirely disappeared at the hands of the neigh- boring owners of the land. The paved roads are so much booty." (For example, Vosges, p. 429, year ix.) " The roads of the department are in such a bad state that the land- owners alongside carry off the stones to build their houses and inclose what they fall heir to. They encroach on the roads daily ; the ditches are cultivated by them the same a& their own property." 2 Laws of February 39, March 9, 1804, and of February 28, March 10, 1805. 3 Laws of July 23, 1802, and of February 27. iSii. 4 ' Correspondance de Napoleon/' No. 4474 (note dictated to Lucien). CHAP. I. DEFECT AND EFFECTS OF THE SYSTEM. 309 The fifty mayors who, each year, shall have most contributed to bringing their commune into a liberated condition, or into one of the available resources, shall be summoned to Paris at the expense of the State, and presented in solemn session to the three consuls. A column, raised at the expense of the gov- ernment and placed at the principal entrance of the town or village, will transmit to posterity the mayor's name, and, besides, this inscription : ' To the guardian of the commune, a grateful country.' " Instead of these semi-poetic honors adapted to the imagina- tions of the year viii, take the positive honors adapted to the imaginations of the year xii, and the following years, brevets and grades, decorations of the Legion d'Honneur, the titles of chevalier, baron, and count,' presents and endowments, — the rewards offered to the representatives of local society, the same as to the other functionaries, but on the same condition that they will likewise be functionaries, that is to say, tools in the hands of the government. In this respect, every precaution is taken, especially against those who, forming a collective body, may be tempted to consider themselves a deliberative assembly, such as municipal and general councils, less easily handled than single individuals and, at times, capable of not beingquite so docile ; none of these can hold sessions of more than fifteen days in the year ; each must accept its budget of receipts and expenses, almost complete and ready made, from the prefec- ture ; in the way of receipts, its powers consist wholly in voting certain additional and optional centimes, more or less numer- ous, at will, "within the limits established by law";' again, even within these limits, its decision can be carried out only after an examination and approval at the prefecture. There is the same regulation in regard to expenses ; the council, indeed, municipal or general, is simply consultative ; the government I Decree of March i, 1808 : " Are counts by right, a.\\ ministers, senators, councilors o£ state for life, presidents of the Corps Legislatif, and archbishops. Are barons by riRht, all bishops. May become barons, after ten years of service, all first presidents and attorney- generals, the mayors of the thirty-six principal towns. (In 1811, instead of 36, there are 52 principal towns.) May also become barons, the presidents and members of the depart* ment electoral colleges who have attended three sessions of these colleges." 3 Decree of Thermidor 4, year x. 3IO THE MODERN REGIME. book iv. delegates the mayor, sub-prefect, or prefect, who prescribes what must be done ; as the preliminary steps are taken by him, and he has constant direction of the local council for two weeks, and finally the right of confirmation, he controls it, and then, for eleven months and a half, having sole charge of the daily and consecutive execution of its acts, he reigns in the local community. Undoubtedly, having received and expended money for the community, he is accountable and will present his yearly accounts at the following session ; the law says' that in the commune, " the municipal council shall listen to and may discuss the account of municipal receipts and expenses." But read the text through to the end, and note the part which the law, in this case, assigns to the municipal coun- cil. It is the part of the chorus in the antique tragedy : it belongs to the piece and listens, approves, or blames, in the background and as subaltern ; whether indorsed or blamed by it, the principal personages in the piece remain principals, and act as they please ; they grant or dispute over its head, independently, just as it suits them. In effect, it is not to the ■ municipal council that the mayor renders his accounts, but "to the sub-prefect, who finally passes them," and gives him his discharge ; whatever the council may say, the acquittance is valid ; for greater security, the prefect, if any councilor proves refractory, " may suspend from his functions " a stub- born fellow like him, and restore in the council the unanimity which has been partially disturbed. In the department, the council-general must likewise "lis- ten " to the accounts for the year ; the law, owing to a signifi- cant omission, does not say that it may discuss them. Never- theless, a circular of the year ix requests it "to make every observation on the use of the additional centimes " which the importance of the subject demands, to verify whether each sum debited to expenses has been used for the purpose assigned to it, and even " to reject expenses, stating the reasons for this decision, which have not been sufficiently justified." And better still, the minister, who is liberal, addresses a systematic I Law of Pluviose 28, year viii. CHAP. I. DEFECT AND EFFECTS OF THE SYSTEM. 311 series of questions to the general councils, on all important matters,' " agriculture, commerce, and manufactures, asylums and public charities, public roads and other works, public instruction, administration properly so called, state of the juim- ber of population, public spirit and opinions," collecting and printing their observations and desires. After the year ix, however, this publication stops ; it renders the general councils too important; it might rally the entire population of the department to them and even of all France that could read ; it might hamper the prefect and diminish his ascendency. Henceforth, it is the prefect alone who replies to these ques- tions, and of which the government gives an analysis or tables of statistics ;^ then, the publication of these ceases ; decidedly, printing always has its drawbacks — manuscript reports are much better ; local affairs are no longer transacted outside the bureaux, and are managed with closed doors ; any report that might spread outside the prefect's cabinet or that of the minis- ter, is carefully toned down or purposely stifled, and, under the prefect's thumb, the general council becomes an automa- ton. Treating directly with the direct representatives of the Emperor, it regards itself as with the Emperor himself. Weigh these few words — m presence of the Emperor ; they are of incalculable weight in the scales of contemporaries. For them, he has every attribute of Divinity, not only omnipotence and omnipresence, but again omniscience, and, if he speaks to them, what they feel far surpasses what they imagine. When he visits a town and confers with the authorities of the place on the interests of the commune or department, his interlocu- tors are bewildered ; they find him as well informed as them- selves, and more clear-sighted ; it is he who explains their affairs to them. On arriving the evening before, he calls for the summaries of facts and figures, every positive and techni- cal detail of information, reduced and classified according to 1 " Procis-verbaux des conseils generaux " of the years viii and x. (The second series, drawn up after those propounded by the minister Chaptal, is much more complete and fur- nishes an historical document of the highest importance.) 2 " Statistiques des prOfcts (.from the years ix to xill, about 40 volumes). 312 THE MODERN REGIME. book iv. the method taught by himself and prescribed to his adminis- trators ; ' during the night he has read all this over and mas- tered it ; in the morning, at dawn, he has taken his ride on horseback ; with extraordinary promptness and accuracy, his topographical glance has discerned " the best direction for the projected canal, the best site for the construction of a factory, a harbor, or a dike."* To the difficulties which con- fuse the best brains in the country, to controverted questions which seem insoluble, he at once presents the sole practical solution ; there it is, ready at hand, and the members of the local council had not seen it ; he makes them touch it with their fingers. They stand confounded and agape before the universal competence of this wonderful genius. " He's more than a man," exclaimed the administrators of Dusseldorf to Beugnot.' " Yes," replied Beugnot, " he's a devil ! " In effect, he adds to mental ascendency the ascendency of force ; we always see beyond the great man in him the terror-striking dominator ; admiration begins or ends in fear ; the soul is completely subjugated ; enthusiasm and servility, under his eye, melt together into one sentiment of impassioned obedience and unreserved submission." Vol- untarily and involuntarily, through conviction, trembling, and fascinated, men abdicate their freedom of will to his advantage. The magical impression remains in their minds after he has departed. Even absent, even with those who have never seen him, he maintains his prestige and commu- nicates it to all who command in his name. Before the pre- fect, the baron, the count, the councilor of state, the senator in embroidered uniform, gilded and garnished with decora- tions, every municipal or general council loses the faculty of willing and becomes incapable of saying no, only too glad if 1 Beugnot, " Memoires," i., 363. 2 Faber, ibid., 127.— Cf. Charlotte de Sohr, "Napoleon en 1811" (details and anecdotes on Napoleon's journey through Belgium and Holland). 3 Beugnot, i., 380, 384. " He struck the good Germans dumb with admiration, unable to comprehend how it was that their interests had become so familiar to him and with what superiority he treated them." 4 Beugnot, ibid., i., 395. Everywhere, on the Emperor's passage (1811), the impression experienced was " a kind of shock as at the sight of a wonderful apparition," 1 -«>•«/ populations. 34° THE MODERN REGIME. BOOK IV, vast and complex the collective undertaking becomes, how many principal and accessory services the communal society must co-ordinate and unite together in order to secure to its mem- bers the advantages of public roads and insure their protection against spreading calamities, — the maintenance and repairs of these roads, the straightening, laying-out, paving, and drain- age, the constructions and expense for sewers, quays, and rivers, and often for a commercial harbor ; the negotiations and arrangements with departments and with the state for this or that harbor, canal, dyke, or insane asylum ; the con- tracts with cab, omnibus, and tramway companies and with telephone and house-lighting companies ; the street-lighting, artesian wells and aqueducts ; the city police, superintendence and rules for using public highways, and orders and agents for preventing men from injuring each other when collected to- gether in large assemblies in the streets, in the markets, at the theater, in any public place, whether coffee-houses or taverns ; the firemen and machinery for conflagrations ; the sanitary- measures against contagions, and precautions, long beforehand, to insure salubrity during epidemics ; and, as extra burdens and abuses, the establishment, direction and support of pri- mary schools, colleges, public lectures, libraries, theaters, hos- pitals, and other institutions which should be supported and governed by different associations ; at the very least, the ap- propriations to these establishments and therefore a more or less legitimate and more or less imperative intervention in their internal management — such are the great undertakings which form a whole, which bear alike on the present, past, and future budget of the commune, and which, as so many distinct branches of every considerable enterprise, require, for proper execution, to have their continuity and connection always present in the thoughtful and directing mind which has them in charge.' Experience shows that, in the great industrial or I Max Leclerc, " La Vie municipale en Prusse," p. 17.— In Prussia, this directing mind is called '■ the magistrate," as in our northern and northeastern communes. In eastern Prussia, the "magistrate" is a collective body ; for example, at Derlin, it comprises 34 persons, of which 17 are specialists, paid and engaged for twelve years, and 17 without pay. In western Prussia, the municipal management consists generally of an individual, the burgomaster, salaried and engaged for twelve years. CHAP. II. DEFECT AND EFFECTS OF THE SYSTEM. l\\ financial companies, in the Bank of France, in the Credit Ly- onnais, and in the Societe Generale, at Creusot, at Saint Go- bin, in the insurance, navigation, and railroad companies, the best way to accomplish this end is a permanent manager or director, always present, engaged or accepted by the admin- istrative board on understood conditions, a special, tried man who, sure of his place for a long period, and with a reputation to maintain, gives his whole time, faculties, and zeal to the work, and who, alone, possessing at every moment a coherent and detailed conception of the entire undertaking, can alone give it the proper stimulus, and bring to bear the most eco- nomical and the most perfect practical improvements. Such is also the municipal regime in the Prussian towns on the Rhine. Then, in Bonn, for instance,' the municipal council, elected by the inhabitants " goes in quest " of some eminent specialist whose ability is well known. It must be noted that he is taken wherever he can be found, outside the city, in some remote province ; they bargain with him, the same as with some famous musician, for the management of a series of concerts; under the title of burgomaster, with a salary of ten thousand francs per annum, he becomes for twelve years the director of all municipal services, leader of the civic orchestra, solely in- trusted with executive power, wielding the magisterial baton whicli the various instruments oljey, many of these being sal- aried functionaries and other benevolent amateurs,^ all in har- mony and through him, because they know that he is watch- 1 Max Leclerc, ibid., p. 20. — "The present burgomaster in Bonn was burgomaster at Munchens-Stadbach, before being called to Bonn. The present burgomaster of Crefeld came from Silesia A jurist, well known for his works on public law, occupying a gov- ernment position at Magdeburg," was recently called " to the lucrative position of burgo- master " in the town of Munster. At Bonn, a town of 30.000 inhabitants, " everything rests on his shoulders ; he exercises a great many of the functions which, with us, belong to the prefect." 2 Max Leclerc, ibiii., p. 25. — Alongside of the paid town officers and the municip.il coun- cilors, there are special committees composed of benevolent members and electors "cither to administer or superintend some branch of communal business, or to study some particu- lar question." " These committees, subject, moreover, in all respects to the burgomaster, are elected by the municipal council." — There are twelve of these in Bonn and over a hundred in Berlin. This institution serves admirably for rendering those who are well- disposed useful, as well as for the development of local patriotism, a practic.1l sense and public spirit. 342 THE MODERN REGIME. book iv. ful, competent, and superior, constantly occupied with the general combination, responsible, and for his own interest, as a point of honor, wholly devoted to his work which is likewise their work, that is to say, to the complete success of the concert. Nothing in a French town corresponds to this admirable type of a municipal institution ; here, also, and to a much greater extent than in the village, the effect of universal suf- frage has been to discredit the true notables and to insure the abdication or exclusion of men who, by their education, the large proportion of the taxes they pay, and still greater influ- ence or production on labor and on business, are social authorities, and who should become legal authorities; in every country where conditions are unequal, the preponderance of a numerical majority necessarily ends in the nearly general abstention or almost certain defeat of the candidates most deserving of election. But here the case is different ; the elected, being towns-people {citadins) and not rustics, are not of the same species as in the village. They read a daily news- paper, and believe that they understand not only local mat- ters but all subjects of national and general importance, that is to say, the highest formulae of political economy, of philosophic history, and of public right ; somewhat resembling the schoolmaster who, being familiar with the rules of arith- metic, thinks that he can teach the differential calculus, and the theory of functions. At any rate, they talk loud and argue on every subject with confidence, according to Jacobin tradi- tions, being, indeed, so many fresh Jacobins, the heirs and continuators of the old sectarians, issuing from the same stock and of the same stamp, a few in good faith, but mainly nar- row-minded, excited, and bewildered by the smoke of the glit- tering generalities they utter, most of them mere politicians, charlatans, and intriguers, third-class lawyers and doctors, lit- erary failures, semi-educated stump-speakers, bar-room, club, or clique orators, and of low ambition, who, left behind in private careers, in which one is closely watched and accepted for what he is worth, launch out on a public career because, in these lists, popular suffrage at once ignorant, indifferent, CHAP. II. DEFECT AND EFFECTS OF THE SYSTEM. 343 and badly informed, a prejudiced and passionate judge, a moralist of easy conscience, instead of demanding unsullied integrity and proven competency, asks for nothing from can- didates but oratorical "buncombe," self-pushing and self- display in public, gross flattery, a parade of zeal and promises to place the power about to be conferred on them by the peo- ple in the hands of those who will serve its antipathies and prejudices. Thus introduced into the municipal council, they constitute its majority and appoint a mayor who is their cory- phaeus or creature, now the bold leader and again the docile instrument of their spite, their favors, and their headlong action, of their blunders and presumption, and of their med- dlesome disposition and encroachments. — In the department, the council general, also elected by universal suffrage, also savors of its origin ; its quality, without falling so low, still descends in a certain degree, and through changes which keep on increasing : politicians install themselves there and make use of their place as a stepping-stone to mount higher ; it also, with larger powers and prolonged during its vacations by its committee, is tempted to regard itself as the legitimate sovereign of the extensive and scattered communitv which it represents. — Thus recruited and composed, enlarged and dete- riorated, the local authorities become difficult to manage, and henceforth, to carry on the administration, the prefect must come to some understanding with them. XV. Before 1870, when he appointed the mayors and when the council general held its sessions only fifteen days in the year, this prefect was almost omnipotent ; still, at the present day, " his powers are immense," ' and his power remains prepon- derant. He has the right to suspend the municipal council and the mayor, and to propose their dismissal to the head of the state. Without resorting to this extremity, he holds them with a strong hand, and always uplifted over the commune, for he can veto the acts of the municipal police and of the road X Aucoc, p. 283. 344 THE MODERN REGIME. book iV. committee, annul the regulations of the mayor, and, through a. skillful use of his prerogative, impose his own. He holds in hand, removes, appoints or helps appoint, not alone the clerks in his office, but likewise every kind and degree of clerk who, outside his office, serves the commune or department,' from the archivist, keeper of the museum, architect, director, and teachers of the municipal drawing-schools, from the directors and collectors of charity establishments, directors and account- ants of almshouses, doctors of the mineral springs, doctors and accountants of the insane asylums and for epidemics, head- overseers of octrois, wolf-bounty guards, commissioners of the urban police, inspectors of weights and measures, town col- lectors, whose receipts do not exceed thirty thousand francs, down to and comprising the lowest employes, such as forest- guards of the department and commune, lock-keepers and navigation guards, overseers of the quays and of commercial ports, toll-gatherers on bridges and highways, field-guards of the smallest village, policemen posted at the corner of a street, and stone-breakers on the public highway. When things and not persons are concerned, it is he, again, who, in every proj- ect, enterprise, or proceeding, is charged with the preliminary examination and final execution of it, who proposes the depart- ment budget and presents it, regularly drawn up, to the council general, who draws up the communal budget and presents that to the municipal council, and who, after the council general or municipal council have voted on it, remains on the spot the sole executor, director, and master of the operation to which they have assented. Their total, effective part in this opera- tion is very insignificant, it being reduced to a bare act of the will ; in reaching a vote they have had in their hands scarcely any other documents than those furnished and arranged by him ; in gradually reaching their decision step by step, they have had no help but his, that of an independent collaborator who, governed by his own views and interests, never becomes the mere instrument. They lack for their decision direct, per- I Paul Leroy-Beaulieu, " L'administrateur locale en France et en Angletcrre," pp. 26, z8, 92. (Decrees of March 25, 1852, and April 13, 1861.) -CHAP. II. DEFECT AND EFFECTS OF THE SYSTEM. 345 sonal, and full information, and, beyond this, complete, effi- cient power ; it is simply a dry, Yes, interposed between insufficient resources, or else cut off, and the fruit of which is •abortive or only half ripens. The persistent will of the prefect alone, informed, and who acts, must and does generally prevail against this ill-supported and ill-furnished will. At bottom, and as he stands, he is, in his mental and official capacity, always the prefect of the year viii. Nevertheless, after the laws lately passed, his hands are not so free. The competency of local assemblies is extended and comprises not only new cases but, again, of a new species, while the number of their executive decisions has increased five-fold. The municipal council, instead of holding one ses- sion a year, holds four, and of longer duration. The council general, instead of one session a year, holds two, and maintain itself in the interim by its delegation, which meets every month. With these increased authorities more generally pres- ent, the prefect has to reckon, and what is still more serious, he must reckon with local opinion ; he can no longer rule with -closed doors; the proceedings of the municipal council, the smallest one, are duly posted ; in the towns, they are published and commented on by the newspapers of the locality ; the general council furnishes reports of its deliberations. — Thus, -behind elected powers, and weighing with them on the same side of the scales, here is a new power, opinioti, as this grows in a country leveled by equalized centralization, in a heaving or stagnant crowd of disintegrated individuals lacking any spontaneous, central, rallying point, and who, failing natural leaders, simply push and jostle each other or stand still, each according to personal, blind, and haphazard impressions — a hasty, improvident, inconsequent, superficial opinion, caught on the wing, based on vague rumors, on four or five minutes of attention given each week, and chiefly to big words imper- fectly understood, two or three sonorous, commonplace phrases, of which the listeners fail to catch the sense, but the sound of which, by dint of frequent repetition, becomes for them a recognized signal, the blast of a horn or a shrieking whistle, which assembles the herd and arrests or drives it on. No 346 THE MODERN REGIME. book iv. opposition can make head against this herd as it rushes along in too compact and too heavy masses. — The prefect, on the contrary, is obliged to cajole it, yield to it, and satisfy it ; for, under the system of universal suffrage, this same herd, besides local representatives, elects the central powers, the deputies, the government ; and when the government sends a prefect from Paris into the provinces, it is after the fashion of a large commercial establishment, with a view to keep and increase the number of its customers, to stay there, maintain its credit, and act permanently as its traveling-clerk, or, in other terms, as its electoral agent, and, still more precisely, as the head- manager of coming elections for the dominant party and for the ministers in office, who have commissioned and appointed him, and who, from top to bottom, constantly stimulate him to hold on to the voters already secured and to gain fresh ones. — Undoubtedly, the interests of the state, department, and com- mune must be seriously considered, but, first and above all, he is the recruiting officer for voters. By virtue of this position and on this point he treats with the council general and the standing committee, with the municipal councilors and mayors^ with influential electors, but especially with the small active committee which, in each commune, supports the prevailing policy and offers its zeal to the government. Give and take. These indispensable auxiliaries must obtain nearly all they ask for, and they ask for a great deal. In- stinctively, as well as by doctrine and tradition, the Jacobins are exacting, disposed to regard themselves as the representa- tives of the real and the ideal people, that is to say, as sov- ereigns by right, above the law, entitled to make it and there- fore to unmake it, or, at least, strain it and interpret it as they please. Always in the general council, in the municipal coun- cil, and in the mayoralty, they are tempted to usurp it ; the prefect has as much as he can do to keep them within the local bounds, to keep them from meddling with state matters and the general policy ; he is often obliged to pocket their want of respect, to be patient with them, to talk to them mildly ; for they talk loud and want the administration to reckon with them as a clerk with his master ; if they vote money for any CHAP. II. DEFECT AND EFFECTS OF THE SYSTEM. 347 service it is on condition that they take part \\\ the use of the funds and in the details of the service, in the choice of contrac- tors and in hiring the workmen ; on condition that ilieir authority be extended and their hands applied to the consecu- tive execution of what does not belong to them but which belongs to the prefect.' Bargaining, consequently, goes on between them incessantly and they come to terms. — The pre- fect, it must be noted, who is bound to pay, can do so without violating the letter of the law. The stern page on which the legislator has p'rinted his imperative text is always provided with an ample margin where the administrator, charged with its execution, can write down the decisions that he is free to make. In relation to each departmental or communal affair, the prefect can with his own hand write out what suits him on the white margin, which, as we have already seen, is ample enough ; but the margin at his disposition is wider still and continues, beyond anything we have seen, on other pages ; for he is charge d'affaires not only of the department and commune, but again of the State. Titular conductor or overseer of all general services, he is, in his circumscription, head inquisitor of the republican faith,' even in relation to private life and 1 J. Ferrand, ibid., p. 170 (Paris, 177Q), and 169 : " In many cases, general tutelage and local tutelage are paralyzed Since 1870— 1876 the mayors, to lessen the difficulties of their task, are frequently forced to abandon any rightful authority ; the prefects are induced to tolerate, to approve of these infractions of the law. . . . For many years one cannot read the minutes of a session of the council general or of the municipal council without findnig numerous examples of the illegality we report In another order of facts, for example in that which relates to the official staff, do we not see every day agents of the state, even conscientious, yield to the will of all-powerful political notabilities and entirely abandon the interests of the service ? "' — These abuses have largely increased within the past ten years. 2 See " La Ucpublique et les conservateurs," in the Revue des Deux Mondes of March i, 1890, p. io3. — " 1 speak of this de visu : 1 take my own arrondissement. It is in one of the eastern departments, lately represented by radicals. This time it was carried by a conservative. An attempt was first made to annul the election, which had to be given up as the votes in dispute were too many. Revenge was taken on the electors. Gendarmes, in the communes, investigated the conduct of the cures, forest-guard, and storekeeper. The hospital doctor, a conservator, was replaced by an opportunist. The tax-comptroller, a man of the district, and of suspicious zeal, was sent far into the west. Every functionary who, on the eve of the election, did not have a contrite look, was threatened with dismissal. .K road-surveyor was regarded as having been lukewarm, and accordingly put on the retired list. There is no petty vexation that was not resorted to, no insignificant person, whom they disdained to strike. Stone breakers were denounced for saying that they ought not to have had their wages reduced. Sisters of charity, in a certain commune, dispensed 348 THE MODERN REGIME. book iv. inner sentiments, the responsible director of orthodox or hereti- cal acts or opinions, which are laudable or blaniable in the innumerable army of functionaries by which the central state now undertakes the complete mastery of human life, the twenty distinct regiments of its vast hierarchy — with the staff of the clergy, of the magistracy, of the preventive and repressive police, of public education, of public charities, of direct taxa- tion, of mdirect taxation, of registration, and of the customs ; with the officials of bridges and highways, forest domains, stock-breeding establishments, postal and telegraph depart- ments, tobacco and other monopolies ; with those of every nat- ional enterprise which ought to be private, Sevres and Gobelins, deaf and dumb and blind asylums, and every auxiliary and special workshop for war and navigation purposes, which the state supports and manages. I pass some of them and all too many. Only remark this, that the indulgence or severity of the prefecture in the way of fiscal violations or irregularities is an advantage or danger of the highest importance to three hundred and seventy-seven thousand dealers in wines and liquors ; that an accusation brought before and admitted in the prefecture may deprive thirty-eight thousand clergymen of their bread,' forty-three thousand letter-carriers and tele- gragh messengers, forty-five thousand sellers of tobacco and collecting-clerks, seventy-five thousand stone-breakers, and one hundred and twenty thousand male and female teachers ;^ directly or indirectly, the good or ill favor of the prefecture is medicine to the poor ; they were forbidden to do this, to annoy the mayor living in Paris. The custodians of mortgages had an errand-boy who was guilty of distributing, not voting- tickets, but family notices (of a marriage) on the part of the new deputy ; a few days after this, a letter from the prefecture gave the custodian notice that the criminal must be replaced in twenty-four hours. A notary, in a public meeting, dared to interrupt the radi- cal candidate ; he was prosecuted in the court for a violation of professional duties, and the judges of judiciary reforms condemned him to three months' suspension." This took place, " not in Languedoc, or in Provence, in the south among excited brains where every- thing is allowable, but under the dull skies of Champagne. And when I interrogate the conservators of the West and of the Center, they reply : " We have seen many beside these, but it is long since we have ceased to be astonished ! " 1 Ibid., p. 105 : " Each cantonal chief town has its office of informers. The Minister of Public Worship has himself told that on the first of January, iSqo, there were ;:5oo cures deprived of their salary, about three or four times as many as on the first of January, i88g." 2 These figures are taken from the latest statistical reports. Some of them are furnished by the chief or directors of special services. 1 i CHAP. II. DEFECT AND EFFECTS OF THE SYSTEM. 349 of consequence, since recent military laws, to all adults between twenty and forty-five years, and, since recent school laws, to all children between six and thirteen years of age. According to these figures, which go on increasing from year to year, calculate the breadth of the margin on which, alongside of the legal text which states the law for persons and things in general, the prefect in his turn gives the law for persons and things in particular. On this margin, which belongs to him, he writes as he pleases, at one time permissions and favors, exemptions, dispensations, leaves of absence, relief of taxes or discharges, help and subventions, preferences and gratuities, appointments and promotions, and at another time destitutions, severities, prosecutions, wrongs, and injuries. To guide his hand in each case, that is to say, to endure all the favors on one side and all the disfavors on the other, he has special informers and imperious solicitors belonging to the local set of Jacobins. If not restrained by a very strong sentiment of dis- tributive justice and very great solicitude for the public good he can hardly resist them, and in general when he takes up his pen it is to write under the dictation of his Jacobin collab- orators. Thus has the institution of the year viii deviated, no longer attaining its object. The prefect, formerly appointed to a department, like a pacier of the Middle Ages, imposed on it from above, ignorant of local passions, independent, qualified and fitted for the office, was able to remain, in general, for fifty years, the impartial minister of the law and of equity, maintaining the rights of each, and exacting from each his due, without heeding opinions and without respect to persons. Now he is obliged to become an accomplice of the ruling fac- tion, govern for the advantage of some to the detriment of others, and to put into his scales, as a preponderating weight, every time he weighs judgment, a consideration for persons and opinions. At the same time, the entire administrative staff in his hands, and under his eye, deteriorates ; each year, on the recommendation of a senator or deputy, he adds to it, or sees, intruders there, whose previous services are null, feeble in capacity and of weak integrity, who do poor work or none 35 o THE MODERN REGIME. book iv. at all, and who, to hold their post or get promoted, count not on their merits but on their patrons. The rest, able and faithful functionaries of the old school, who are poor and to whom no path is open, become weary and lose their energy ; they are no longer even certain of keeping their place ; if they stay, it is for the dispatch of current business and because they cannot be dispensed with ; perhaps to-morrow, however, they will cease to be considered indispensable ; some political renunciation, or to give a political favorite a place, will put them by anticipation on the retired list. Henceforth they have two powers to consult, one, legitimate and natural, the authority of their administrative chiefs, and the other ille- gitimate and parasite, consisting of democratic influence from both above and below ; for them, as for the prefect, public good descends to the second rank and the electoral interest mounts upward to the first rank. With them as with him, self-respect, professional honor, the conscientious performance of duty, reciprocal loyalty go down ; discipline relaxes, punc- tuality falters, and, as the saying goes, the great administra- tive edifice is no longer a well-kept house, but a barracks. Naturally, under the democratic regime, the maintenance and service of this house becomes more and more costly ; for, owin£ to the additional centimes, it is the rich or well-to-do minority which defrays the larger portion of the expense ; owing to universal suffrage, it is the poor or half poor major- ity which preponderates in voting, while the larger number who vote can overtax the small paying number with impunity. At Paris, the parliament and the government, elected by this numerical majority, contrive demands in its behalf, force ex- penditure, augment public works, schools, endowments, gra- tuities, prizes, a multiplication of offices to increase the number of their clients, while it never tires in decreeing, in the name of principles, works for show, theatrical, ruinous, and danger- ous, the cost of which they do not care to know, and of which the social import escapes them. Democracy, above as well as below, is short-sighted ; it seizes whatever food it comes across, like an animal, with open jaws and head down ; it re- fuses to anticipate and to calculate ; it burdens the future and CHAP. II. DEFECT AND EFFECTS OF THE SYSTEM. 35 1 wastes every fortune it undertakes to manage, not alone that of the central state, but, again, those of all local societies. Up to the advent of universal suffrage, the administrators ap- pointed above or elected below, in the department or in the commune, kept tight hold of the purse-strings; since 1848, especially since 1870, and still later, since the passage of the laws of 1882, which, in suppressing the obligatory consent of the heaviest taxed, let slip the last of these strings, this purse, wide open, is emptied into the street.' In 185 1, the depart- ments, all together, expended ninety seven millions ; in 1869, one hundred and ninety-two millions ; in 1881, three hundred and fourteen millions. In 1836, the communes, all together, save Paris, expended one hundred and seventeen millions, in 1862, four hundred and fifty millions, in 1877, six hundred and seventy-six millions. If we examine the receipts covering this expenditure, we find that the additional centimes which sup- pHed the local budgets, ill 1820, with eighty millions, and, in 1850, with one hundred and thirty-one millions, supplied them, in 1870, with two hundred and forty-nine millions, in 1880, witli three hundred and eighteen millions, and, in 1887, with three htmdred and sixty-four millions. The annual increase, therefore, of these superadded centimes to the principal of the direct taxes is enormous, and finally ends in an overflow. In 1874,^ there were already twenty-four departments in which the sum of additional centimes reached or surpassed the sum (^f the principal. "In a very few years," says an eminent economist,^ "it is probable that, for nearly all of the depart- ments," the overcharge will be similar. Already, for a long time, in the total of personal taxation,* the local budgets raised 1 De Foville, pp. 412, 416, 425, 455 ; Paul Lcroy-Beaulieu, " Traite de la science dcs fin- ances," i., p. 717. 2 " Statistiques financieresdes communes en i88g": — 3539 communes pay less than i; com- mon centimes ; 2597 pay from o fr. 15 to o fr. 30 ; 9652 pay from o fr. 31 to o fr. 50; 11,095 from o fr. 51 to i franc, and 4248 over i franc. — Here this relates only to the common cen- times ; to have the sum total of the additional local teritiiiu-s o( each commune would re- quire the addition of the department centimes, which the statistics do not furnish. 3 Paul I.eroy-Bcaulieu, ibid., i., pp. 690, 717. tflbid.: '• If the personal lax were deducted from the amount of pcrson.-il and house tax combined we would find that the assessment of the state in the product of the house tax, that is to say the product of the tax on rentals, amounts to 41 or 42 millions, and that the 352 THE MODERN REGIME. book iv. more than the state, and, in 1888, the principal of the tax on real property, one hundred and eighty-three miUions, is less than the total of centimes joined with it, one hundred and ninety-six millions. Coming generations are burdened over and beyond the present generation, while the sum of loans constantly increases, like that of taxation. The communes with debts, all together save Paris, owed, in 1868, five hundred and twenty-four millions, in 187 1, seven hundred and eleven millions, in 1878, thirteen hundred and twenty-two millions. Paris, in 1868, already owed thirteen hundred and seventy-six millions, March 30, 1878, it owed nineteen hundred and eighty- eight millions.' In this same Paris, the annual contribution of each inhabitant for local expenses was, at the end of the first Empire, in 1813, thirty-seven francs per head, at the end of the Restoration, 45 francs, after the July monarchy, in 1848, 43 francs, and, at the end of the second Empire, in 1869, 94 francs. In 1887, it is no francs per head.^ XVI. Such, in brief, is the history of local society from 1789 down to 1889. After the philosophic demolitions of the Revolution, and the practical constructions of the Consulate, it could no longer be a small patrimony, something to take pride in, an object of affection and devotion to its inhabitants. The departments and communes have become more or less vast lodging-houses, all built on the same plan and managed according to the same regulations, one as passable as the other, with apartments in them which, more or less good, are more or less dear, but at rates which, higher or lower, are share of localities in the product of this tax surpasses that of the state hy 8 or 9 millions." (Year 1877.) I " Situation financiere des department et des communes," published in iS8g by the Min- ister of the Interior. Loans and indebtedness of the departments at the end of the fiscal year in 1S86, six hundred and thirty million, sixty-six thousand, one hundred and two francs. Loans and indebtedness of the communes Dec. ^o. 1886, three billion, twenty mil- lion, four hundred and fifty thousand, five hundred and twenty-eight francs. aDe Foville, p. 148 ; Paul Leroy-Beaulieu, " L'Etat moderne et ses fonctions," p. 21. CHAP. II. DEFECT AND EFFECTS OF THE SYSTEM. 353 fixed at a uniform tariff over the entire territory, so that the thirty-six thousand communal buildings and the eighty-six department hotels are about equal, it making but little differ- ence whether one lodges in the latter rather than in the former. The permanent taxpayers of both sexes who have made these premises their home, have not obtained recogni- tion for what they are, invincibly and by nature, a syndicate of neighbors, an involuntary, obligatory and private associa- tion, in which physical solidarity engenders moral solidarity, a natural, limited society whose members own the building in common, and each possesses a property right more or less great, according to the greater or lesser contribution he makes to the expenses of the establishment. Up to this time no room has yet been found, either in the law or in minds, for this very plam truth ; its place is taken and occupied in ad- vance by the two errors which, in turn or both at once, have led the legislator and opinion astray. Taking things as a whole, it is admitted up to 1830 that the legitimate proprietor of the local building is the central state, that it may install its delegate therein, the prefect, with full powers ; that, for better government, he consents to be in- structed by the leading interested and most capable parties on the spot ; that he should fix the petty rights he concedes to them within the narrowest limits ; that he should appoint them ; that, if he calls them together for consultation, it is from time to time and generally for form's sake, to add the authority of their assent to the authority of his omnipotence, on the implied condition that he shall not give heed to their objections if he does not like them, and not follow their advice if he does not choose to accept it. — Taking things as a whole, it is admitted that, since 1848, the legitimate proprietors of the building are its adult male inhabitants, counted by heads, all equal and all with an equal part in the common properly, comprising those who contribute nothing or nearly nothing to the common expenditure of the house, the numerous body of semi-poor who lodge in it at half price, and the not less numerous body to whom administrative philanthropy furnishes house comforts, shelter, light, and frequently provisions, gratui- 354 THE MODERN REGIME. book IV. tously. — Between both these contradictory and false concep- tions, between the prefect of the year viii, and the democracy of 1792, a compromise has been effected ; undoubtedly, the prefect, sent from Paris, is and remains the titular director, the active and responsible manager of the departmental or communal building ; but, in his management of it he is bound to keep in view the coming elections, and in such a way as will maintain the parliamentary majority in the seats they occupy in parliament; consequently, he must conciliate the local leaders of universal suffrage, rule with their help, put up with the intrusion of their bias and cupidity, take their advice daily, follow it often, even in small matters, even in payments day by day of sums already voted, in appointing an office- clerk, in the appointment of an unpaid underling, who may some day or other take this clerk's place.^ — Hence the spec- tacle before our eyes : a badly kept establishment in which profusion and waste render each other worse and worse, where sinecures multiply and where corruption enters in ; a staff of officials becoming more and more numerous and less and less serviceable, harassed between two different authori- ties, obliged to possess or to simulate political zeal and to neutralize an impartial law by partiality, and, besides perform- ing their regular duties, to do dirty work ; in this staff, there are two sorts of employes, the new-comers who are greedy and who, through favor, get the best places, and the old ones who are patient and pretend no more, but who suffer and grow disheartened ; in the building itself, there is great demolition and reconstruction, architectural fronts in monu- mental style for parade and to excite attention, entirely new decorative and extremely tiresome structures at extravagant cost ; consequently, loans and debts, heavier bills at the end of each year for each occupant, low rents, but still high, for favorites in the small rooms and garrets, and extravagant rents for the larger and more sumptuous apartments ; in sum, 1 Paul Leroy-Beaulieu, "L' Administration locale en France et en Angleterre," p. 28. (Decrees of March 25, 1852, and April 13, 1861.) List of offices directly appointed by the prefect and on the recommendation of the heads of the service, among others the super- ■numeraries of telegraph, lines and of the tax offices. CHAP. II. DEFECT AND EFFECTS OF THE SYSTEM. 355 forced receipts which do not offset the expenses ; liabiUties which exceed assets ; a budget which shows only a stable balance on paper —in short, an establishment with which the public is not content, and which is on the road to bankruptcy. APPENDIX. The following notes, added by the author after the foregoing translation had been made, were not received in time to incor- porate with the text before it was put in the printer's hands. They are given with the indications that enable the reader to refer to them in their proper places. BOOK FIRST, ■fflapoleon asonapartc. CHAPTER I. Page 2, Note i. Continue by adding : — The above-mentioned savant estimates the number of im- portant letters not yet published at 2,000. Page 8, Note 2. Continue by adding: — " Notes par le Comte Chaptal " (unpublished), councillor of state and afterwards minister of the interior under the Consulate : " At this time, Bonaparte did not blush at the slight knowledge of administrative details which he possessed; he asked a good many questions and demanded definitions and the mean- ing of the commonest words in use. As it very often happened with him not to clearly comprehend words which he heard for the first time, he always repeated these after- wards as he understood them ; for example, he constantly used section for session, armistice for am nesty, _/<«/»« iV/a/Zw^ point for culminatmg point, rentes voyagires for 'rentes vfageres,' etc." Page 16, Note i. Continue by adding: — "Notes par le Comte Chaptal": "Every member of this numerous family (Jerome, I.ouis, Joseph, Bonaparte's sisters), mounted thrones as if they had recovered so much property." Page 17, Note i. Continue by adding : — " Notes par le Comte Chaptal " : When these notes are pub- lished, many details will be found in them in support of the judgment expressed in this and the following chapters. The psychology of Napoleon as here given is largely confirmed by them. 357 358 APPENDIX. Page 30, Note 3. Continue by adding :—" Notes par le Comte Chaptal": "One day, the Emperor said to me that he would like to organize a military school at Fontainebleau ; he then explained to me the principal features of the establishment, and ordered me to draw up the necessary articles and bring them to him the next day. I worked all night and they were ready at the appointed hour. He read them over and pronounced them cor- rect, but not complete. He bade me take a seat and then dictated to me for two or three hours a plan which consisted ol Jive hundred and seventeen articles. Nothing more perfect, in my opinion, ever issued from a man's brain.— At another time, the Empress Josephine was to take the waters at Aix-la-Chapelle, and the Emperor sum- moned me. ' The Empress,' said he, ' is to leave to-morrow morning. She is a good- natured, easy-going woman and must have her route and behavior marked out for her. Write it down.' He then dictated instructions to me on twenty-one large sheets oy paper, in which everything she was to say and to do was designated, even the ques- tions and replies she was to make to the authorities on the way." Pa^e 35, Note 3. Continue by adding : — " Notes par le Comte Chaptal " : " After the treaty of Tilsit one of his ministers congratulated him and remarked that this treaty made him master of Europe. Napoleon replied: ' And you too, you are like other people ! I shall not be its master until I have signed a treaty at Constantinople, and this treaty delays me a year.' " Pi^g^ 37, Note 2. Continue by adding :— Here is another significant utterance (Rcederer, iii., 353, December i, 1800): " If I were to die within the next three or four years, of a fever, in my bed, and, in order to complete my romance, I should make a will, I would say to the nation, avoid a military government. I would tell it to appoint a civil magis. trate." CHAPTER II. Page 56, Note i. Continue by adding : — " Notes par le Comte Chaptal " (Napoleon's own words to the poet Lemercier, who might have accompanied him to the Orient and have learned a good deal more of human nature) : " You would have seen a country where the sovereign takes no account of the lives of his subjects, and where the subject himself takes no account of his own life. You would have got rid of your philanthropic no- tions." Page S7, Note 2. Continue by adding :—" Notes par le Comte Chaptal": "He believed neither in virtue nor in probity, often calling these two words nothing but abstractions ; this is what rendered him so distrustful and so immoral. . . . He never experienced a gen- erous sentiment ; this is why he was so cold in company, and why he never had a friend. He regarded men as so much counterfeit coin or as mere instruments." Page 61. The following note belongs on this page to the phrase, " intellectual or moral supe- riority is of this order and he gradually gets rid of it." " Notes par le Comte Chaptal " : During the Consulate, " his opinion not being yet formed on many points, he allowed discussion and it was then possible to enlighten him and enforce an opinion one expressed in his presence. But, from the moment that he possessed ideas of his own, either true or false, on administrative subjects, he consulted no one; ... he treated everybody who differed from him in opinion con- APPENDIX. 359 tetnptuously, tried to make them appear ridiculous, and often exclaimed, giving his forehead a slap, that here was an instrument far more useful than the counsels of men who were commonly supposed to be instructed and experienced. . . . For four years, he sought to gather around him the able men of both parties. After this, the choice of his agents began to be indifferent to him. Regard. n^ himself as strong enough to rule and carry on the administration himself, the talents or character of those who stood in his way were discarded. What he wanted was valets and not councillors. . . . The ministers were simply head-clerks of the bureaux. The Council of State served only to give form to the decrees emanating from him ; he ruled even in petty details. Everybody around him was timid and passive; his will was regarded as that of an oracle and executed without reflection. . . Self-isolated from other men, having con- centrated in his own hands all powers and all actico, thoroughly convinced that an other's light and experience could be of no use to him, he thought that arms and hands were all that he required." Page 72, Note 2. Continue by adding :— " Notes par le Comte Chaptal " : " At a f^te, in the HStel de Ville, he exclaimed to Madame — ^, who had just given her name to him : ' Good God, they told me you were pretty ! ' To some old persons: ' You haven't long to live! ' To another lady : ' It is a tine time for you, now your husband is on his campaigns ! ' In general, the tone of Bonaparte was that of an ill-bred lieutenant. He often in- vited a dozen or fifteen persons to dinner and rose from the table before the soup was finished. . . The court was a regular galley where each rowed according to command." Page 85, Note 3. Continue by adding : — Stanislas Girardin ; " Journal et Mdmoires," iii., Visit of th« French Consul to Ermenonville. a ^ f 0- /! i i UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. w^^^ -;ji c-^ % # %l ■.«'! SI cr Off so 315 ' /\^ ^ uue J .4 • k£- /^..^d^^fft %oim:i^ ^OF-CA11FO% 9. .if^ iJniV'fSily ■.)! '.alilofnij Li.'-, Ar',].'!. L 005 485 248 8 ^lOSANCF' P s'