The French Revolution (Vol.1-3). Taine Hippolyte

2228 had supposed that annual dues, like ground-rents, and contingent dues, like feudal duties (lods et rentes), were the price of an ancient concession of land, and, consequently, the proof to the contrary is to be thrown upon the tenant. The Legislative Assembly is about to assume that these same rentals are the result of an old feudal usurpation, and that, consequently, the proof to the contrary must rest with the proprietor. His rights cannot be established by possession from time immemorial, nor by innumerable and regular acquittances; he must produce the act of enfeoffment which is many centuries old, the lease which has never, perhaps, been written out, the primitive title already rare in 1720,2229 and since stolen or burnt in the recent jacqueries: otherwise he is despoiled without indemnity. All feudal claims are swept away by this act without exception and without compensation.

In a similar manner, the Constituent Assembly, setting common law aside in relation to inheritances ab intestato, had deprived all eldest sons and males of any advantages.2230 The Convention, suppressing the freedom of testamentary bequest, prohibits the father from disposing of more than one-tenth of his possessions; and again, going back to the past, it makes its decrees retrospective: every will opened after the 14th of July, 1789, is declared invalid if not in conformity with this decree; every succession from the 14th of June, 1789, which is administered after the same date, is re-divided if the division has not been equal; every donation which has been made among the heirs after the same date is void. Not only is the feudal family destroyed in this way, but it must never be reformed. The aristocracy, being once declared a venomous plant, it is not sufficient to prime it away, but it must be extirpated, not only dug up by the root, but its seed must be crushed out.—A malignant prejudice is aroused against it, and this grows from day to day. The stings of self-conceit, the disappointments of ambition, and envious sentiments have prepared the way. Its hard, dry kernel consists of the abstract idea of equality. All around revolutionary fervor has caused blood to flow, has embittered tempers, intensified sensibilities, and created a painful abscess which daily irritation renders still more painful. Through steadily brooding over a purely speculative preference this has become a fixed idea, and is becoming a murderous one. It is a strange passion, one wholly of the brains, nourished by magniloquent phrases, but the more destructive, because phantoms are created out of words, and against phantoms no reasoning nor actual facts can prevail. This or that shopkeeper who, up to this time, had always formed his idea of nobles from his impressions of the members of the Parliament of his town or of the gentry of his canton, now pictures them according to the declamations of the club and the invectives of the newspapers. The imaginary figure, in his mind, has gradually absorbed the living figure: he no longer sees the calm and engaging countenance, but a grinning and distorted mask. Kindliness or indifference is replaced by animosity and distrust; they are overthrown tyrants, ancient evil-doers, And enemies of the public; he is satisfied beforehand and without further investigation that they are hatching plots. If they avoid being caught, it is owing to their address and perfidy, and they are only the more dangerous the more inoffensive they appear. Their sub-mission is merely a feint, their resignation hypocrisy, their favorable disposition, treachery. Against these conspirators who cannot be touched the law is inadequate; let us stretch it in practice, and as they wince at equality let us try to make them bow beneath the yoke.

In fact, illegal persecution precedes legal prosecution; the privileged person who, by the late decrees, seems merely to be brought within the pale of the common law, is, in fact; driven outside of it. The King, disarmed, is no longer able to protect him; the partial Assembly repels his complaints; the committee of inquiry regards him as a culprit when he is simply oppressed. His income, his property, his repose, his freedom, his home, his life, that of his wife and of his children, are in the hands of an administration elected by the crowd, directed by clubs, and threatened or violated by the mob. He is debarred from the elections. The newspapers denounce him. He undergoes domiciliary visits. In hundreds of places his chateau is sacked; the assassins and incendiaries who depart from it with their hands full and steeped in blood are not prosecuted, or are shielded by an amnesty:2231 it is established by innumerable precedents that he may be run down with impunity. To prevent him from defending himself, companies of the National Guard come and seize his arms: he must become a prey, and an easy prey, like game kept back in its enclosure for an approaching hunt.—In vain he abstains from provocation and reduces himself to the standing of a private individual. In vain does he patiently endure numerous provocations and resist only extreme violence. I have read many hundreds of investigations in the original manuscripts, and almost always I have admired the humanity of the nobles, their forbearance, their horror of bloodshed. Not only are a great many of them men of courage and all men of honor, but also, educated in the philosophy of the eighteenth century, they are mild, sensitive, and deeds of violence are repugnant to them. Military officers especially are exemplary, their great defect being their weakness: rather than fire on the crowd they surrender the forts under their command, and allow themselves to be insulted and stoned by the people. For two years,2232 "exposed to a thousand outrages, to defamation, to daily peril, persecuted by clubs and misguided soldiers," disobeyed, menaced, put under arrest by their own men, they remain at their post to prevent the ranks from being broken up; "with stoic perseverance they put up with contempt of their authority that they may preserve its semblance, their courage is of that rarest kind which consists in remaining at the post of duty, impassive beneath both affronts and blows.—Through a wrong of the greatest magnitude, an entire class which have no share in the favors of the Court, and which suffered as many injuries as any of the common plebeians, is confounded with the titled parasites who besiege the antechambers of Versailles. Twenty-five thousand families, "the nursery of the army and the fleet," the elite of the agricultural proprietors, also many gentlemen who look after and turn to account the little estates on which they live, and "who have not left their homes a year in their lives," become the pariahs of their canton.2233 After 1789, they begin to feel that their position is no longer tenable.2234

      " It is absolutely in opposition to the rights of man," says another letter from Franche-Comté, "to find one's self in perpetual fear of having one's throat cut by scoundrels who are daily confounding liberty with license."

      "I never knew anything so wearying," says another letter from Champagne, "as this anxiety about property and security. Never was there a better reason for it. A moment suffices to let loose an intractable population which thinks that it may do what it pleases, and which is carefully sustained in that error."

      "After the sacrifices that we have made," says a letter from Burgundy, "we could not expect such treatment. I thought that our property would be the last violated because the people owed us some return for staying at home in the country to expend among them the few resources that remain to us … (Now), I beg the Assembly to repeal the decree on emigration; otherwise it may be said that people are purposely kept here to be assassinated … In case it should refuse to do us this justice, I should be quite as willing to have it decree an act of proscription against us, for we should not then be lulled to sleep by the protection of laws which are doubtless very wise, but which are not respected anywhere."

      " It is not our privileges," say several others, "it is not our nobility that we regret; but how is the persecution to which we are abandoned to be supported? There is no safety for us, for our property, or for our families. Wretches who are our debtors, the small farmers who rob us of our incomes, daily threaten us with the torch and the lamp post. We do not enjoy one hour of repose; not a night that we are certain to pass through without trouble. Our persons are given up to the vilest outrages, our dwellings to an inquisition of armed tyrants; we are robbed of our rentals with impunity, and our property is openly attacked. We, being now the only people to pay imposts, are unfairly taxed; in various places our entire incomes would not suffice to pay the quota which crushes us. We can make no complaint without incurring the risk of being massacred. The tribunals and the administrative bodies, the tools of