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price of 100 % on cottons and 400% on sugar, a dearth of colonial articles, privation to the consumer, the ruin of the manufacturer and trader, and accumulated bankruptcies one after the other in 1811 in all the large towns from Hamburg to Rome.[50] This vice, however, belongs to the militant policy and personal character of the master; the error that taints 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 protection and then changes from excessive protection to limited protection. France remains, along with secondary improvements and partial amendments, on the course marked out by the Consulate and the Empire; 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, that of the people who pays and of the State which collects.

Consider, in effect, what both have gained. – In 1789, the State had a revenue of only 475 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 750 to 800 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-quarters of his net income. After 1800, he pays to the State less than one-quarter, the one sovereign alone who replaces the other three. We have seen how relief came to the old taxable subject, to the rural, 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 14 to 43 free days, during which, instead of working for the exchequer, he worked for himself. If married, and the father of two children over 7 years of age, the alleviation of one direct tax alone, that of the salt-tax, again restores to him 12 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 master of his time and of his own hands. – At the same time, through the re-casting of other taxes and owing to the increasing 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.[51] 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 and 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.[52] The immemorial specter recedes and vanishes; after two accidental and local recurrences, in 1812 and 1817, it never again appears in France.[53]

V. Conscription or Professional soldiers.

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 weight. – What it became after him. – The law of 1818.

One tax remains, and the last, that by which the State takes, no longer money, but the person himself, the entire man, soul and body, and for the best years of his life, namely military service. It is the Revolution which has rendered this so burdensome; formerly, it was light, for, in principle, it was voluntary. The militia, alone, was raised by force, and, in general, among the country people; the peasants furnished men for it by casting lots.[54] But it was simply a supplement to the active army, a territorial and provincial reserve, a distinct, sedentary body of reinforcements and of inferior rank which, except in case of war, never marched; it turned out but nine days of the year, and, after 1778, never turned out again. In 1789, it comprised in all 72,260 men, and for eleven years their names, inscribed on the registers, alone constituted their presence in the ranks.[55] There were no other conscripts under the monarchy; in this matter, its exactions were not great, ten times less than those of the Republic and of the Empire, since both the Republic and the Empire, using the same constraint, were to levy more than ten times the number of drafted men or conscripts.[56]

Alongside of this militia body, the entire army properly so called, the “regular” troops were, under, the ancient Régime, all recruited by free enlistment, not only the twenty-five foreign regiments, Swiss, Irish, Germans, and Liégeois, but again the hundred and forty-five French regiments, 177 000 men.[57] The enlistment, indeed, was not free enough; frequently, through the maneuvers of the recruiting- agent, it was tainted with inveigling and surprises, and sometimes with fraud or violence; but, owing to the remonstrances due to the prevailing philanthropic spirit, these abuses had diminished; the law of 1788 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 obtainable 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 spontaneous discipline and of steady labor, adventurers and outcasts, 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 debauched, the most hot-brained, the most turbulent people in an ardent, turbulent and somewhat debauched community.”[58] 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 enticed 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, guaranteed to him against the encroachments of the State. It was better guaranteed than by the wisest constitution, for the institution was a recognized custom accepted by everybody. In other words, it was a tacit, immemorial convention,[59] 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 defense and public security 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 agreement, 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,[60] to replace those dropped out, and they 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 dispatched 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 street 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. Consequently, 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.[61] Henceforth, if he is born an elector, he is born a conscript; 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 government 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 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 perversion 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

is only too well known.[62] 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, 18 millions of actual or eventual soldiers, all the adults, even the married, even fathers of families summoned 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 are confiscated by decree, only those bought by contract, 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, 4 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, including the most inventive and the most fecund, the most delicate and the most cultivated, those remarkable for superior talent (Page 232/526)who are of almost infinite social value, and whose forced collapse, or precocious end, is a calamity for the human species.

Such is the terminal fruit of the new Régime; 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 positive, 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 discovering 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.[63] 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 of military service:[64] 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.[65] 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 indistinguishably restricted to the same mechanical pursuit, to the same manual labor, to the same prolonged and indefinite servitude of soul and body. Already, under the Directory, the law had exempted young married men and widowers or divorced persons who were fathers.[66] Napoleon also exempts 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 École Normale, ignorantin brothers, seminarians for the priesthood, on condition that they shall engage to do service in their vocation and do it effectively, some for ten years, others for life, subject to a discipline more rigid, or nearly as rigid, as military discipline.[67] Finally, he sanctions or institutes volunteer substitutes, through private agreement between a conscript and the able-bodied, certified volunteer substitute for whom the conscript is responsible.[68] If such a bargain 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[69] “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, 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. Consequently, 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. . . .”[70]

Napoleon had too much sense to be led by the blind existences of democratic formulae; his eyes, which penetrated beyond mere words, at once perceived that the life of a simple soldier, for a young man well brought up and a peasant or for day-laborer, is unequal. A tolerable bed, sufficient 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 applied, 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 recruits; 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, the 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 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.[71] – Towards 1804,[72] 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,[73] 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 élite. – Thus attenuated, the military law is still rigid enough: nevertheless it remains endurable. It is only towards 1807[74] that it becomes monstrous and grows worse and worse from year to year until it becomes the sepulcher of all French youth, even to taking as canon fodder the adolescent under age and men already exempt or free by purchase. But, as before these excesses, it may still be maintained with certain modifications; it suffices almost to retouch it, to establish exemptions and the privilege of substitution as rights, which were once simply favors,[75] reduce the annual contingent, limit the term of service, guarantee their lasting freedom to those liberated, 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.

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Notes:

[1] “The Ancient Régime,” book II., ch. 2, 3, 4, and book V. (Laff. I. pp. 95 to 125 and pp. 245 to 308.)

[2] La Bruyère 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 passages on “The Peasants,” on “Provincial Notes,” etc. These appeals, 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 prononcé par l’ordre du roi et en sa presence, le 22 février 1787,” by M. de Calonne, contrô1eur-général, 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 to 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 Ségur, ” Mémoires,” III., 591. In 1791, on 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 something to help it along; 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!”

[5] My French dictionary tells me that the Carmagnole is not only a popular revolutionary dance but also a short and tight jacket worn by the revolutionaries between 1792 and 1795 and that it came via Marseille with workers from the town of Carmagnola in Piedmont. (SR.)

[6] “The Revolution,” pp. 271-279. (Laff. I. 505 to 509.) -Stourm ” Les Finances de 1’ancien régime et de la Révolution,” I., 171 to 177. – (Report by Ramel, January 31, 1796.) “One would scarcely believe it – the holders of real-estate now owe the public treasury over 13 milliards.”- (Report by Gaudin, Germinal, year X. on the assessment and collection of direct taxes.) “This state of things constituted a permanent, annual deficit of 200 millions.”

[7] “The Ancient Régime,” p. 99, and “The Revolution,” p.407. (Laff. I. pp 77-78 and II. 300) (About 1,200 millions per annum in bread for Paris, instead of 45 millions for the civil and military household of the King at Versailles.)

[8] “The Ancient Régime,” p. 68. (Laff. I. p. 55) – Madame Campan, “Mémoires,” I., 291, 292.

[9] “The Revolution,” II., 151, and III., 500. (Laff. II. 282-283)

[10] “Mémorial.” (Napoleon’s own words.) “The 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 – beginning with that day, public affairs, that is to stay the State, was myself . . . I was the keystone of an entirely new building and how slight 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.”

[11] Beugnot, “Mémoires,”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 within reach,” such, for example, as the title of “déchireur de bateaux” (one who condemns unseaworthy craft and profits by it), or inspector of fresh butter (using his fingers in tasting it), or tide-waiter and inspector of salt fish. These titles raised a man above the common level, and there were over twenty thousand of them.

[12] See “The Ancient Régime,” p. 129. (Laff. I. p. 99)

[13] Madame de Rémusat, “Mémoires,” III., 316, 317.

[14] De Beausset, “Intérieur du palais de Napoléon ” 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, because funds were assigned “for the annual augmentation of plate, 1,000 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.”

[15] “The Ancient Régime,” pp. 35o-357.(Laff. I. 259-266)

[16] “The Revolution,” I. pp. 276-281.(Laff. pp. 508-510) – Stourm, ibid., 168-171. (Speech by Bénard-Lagrave to the Five Hundred, Pluviôse II, year IV.) “It cannot be concealed that, for many years, people were willingly accustoming themselves to the non-payment of taxes.”

[17] Stourm, ibid.,II., 365. (Speech of Ozanam to the Five Hundred, Pluviôse 14, year VII.) “Scandalous traffic. . . . Most of the (tax) collectors in the republic are heads and managers of banks.” – (Circular of the minister of the finances, Floréal 25 year VII.) “Stock-jobbing of the worst kind to which many collectors give themselves up, using bonds and other public securities received in payment of taxes.” – (Report by Gros-Cassaud Florimond, Sep.19, 1799.) “Among the corruptible and corrupting agents there are only too many public functionaries.” – Mollien, “Mémoires,” I., 222. (In 1800, he had just been appointed director of the sinking-fund.) “The commonplace 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 legitimately accumulate the largest fortune in France. ” – Cf. Rocquain, “État de la France au 18 Brumaire.” (Reports by Lacuée, Fourcroy and Barbé- Marbois.)

[18] Charlotte de Sohr, “Napoléon en Belgique et en Hollande,” 1811, vol. I., 243. (On a high functionary condemned for forgery and whom Napoleon kept in prison in spite of every solicitation.) “Never will I pardon those who squander the public funds. . . . Ah ! parbleu! We should have the good old times of the contractors worse than ever if I did not show myself inexorable for these odious crimes.”

[19] Stourm, ibid., I., 177. (Report by Gaudin, Sep. 15, 1799.) “A few (tax) rolls for the year V, and one-third of those for the year VII, are behindhand.” – (Report by the same, Germinal I, year X.) “Everything remained to do, on the advent of the consulate, for the assessment and collection of direct taxes; 35,000 rolls for the year VII still remained 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 dispatch which, for the first time since the revolution, enables the collections to be begun in the very year to which they belong.”

[20] “Archives parlementaires,” VIII., p.11. (Report by Necker to the States-General, May 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.”

[21] De Foville, “la France économique,” p.354.

[22] “The Ancient Régime,” p. 354. (Laff. I. p. 263.)

[23] Necker, “De l’administration des finances,” I., 164, and “Rapport aux états-généraux,” May 5th, 1789. (We arrive at these figures, 179 millions, by combining these documents, on both sides, with the observation that the 3rd vingtième is suppressed in 1789.)

[24] Charles Nicolas, “les Budgets de la France depuis le commencement du XIXème siècle” (in tabular form). – De Foville, ibid., 356.–In the year IX, the sum-total of direct taxes is 308 millions; in the year XI. 360, and in the year XII, 376. The total income from real- estate in France towards 1800 is 1,500 millions.

[25] It is only after 1816 that the 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 net revenue at this date in France, we find that, out of this revenue, 16.77 % is deducted for land, and that, with the other three, it then abstracts from the same revenue 21 % – On the contrary, before 1789, the five corresponding direct taxes, added to tithes and feudal privileges, abstracted 81.71 % from the net income of the taxable party. (Cf. “The Ancient Régime,” pp.346, 347, 351 et seq. Laff. I. pp. 258, 259, 261 and following pages. )

[26] 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 Ancient Régime, the Revolution and the Empire. – All local information converges in this sense. I have verified the above figures as well as I could: 1st, by the “Statistiques des préfets,” of the year IX and year XIII and afterwards (printed); 2nd, by the reports of the councillors of state on mission during the year IX (published by Rocquam, and in manuscript in the Archives nationales); 3rd, by the reports of the senators on their sénatories and by the prefects on their departments, in 1806, 1809, 1812, 1814 and 1815, and from 1818 to 1823 (in manuscript in the Archives nationales); 4th, by the observations of foreigners travelling 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 taxation of the poor. . . . All the taxes together do not go beyond one-sixth of a man’s rent-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 United States, p.162.) At Tours a two-story house, with six or eight windows on the front, a stable, carriagehouse, garden and orchard, rents at £20 sterling per annum, with the taxes which 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 Birkbeck, p.23.) Near Cosne (Orléanais), 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.91.) “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 the sénatorerie of Caen, Dec.. 1, 1803): “The direct tax is here in very moderate proportion to the income, it being paid without much inconvenience. – The travellers above quoted and many others are unanimous in stating the new prosperity of the peasant, the cultivation of the entire soil and the abundance and cheapness of provisions. (Morris Birkbeck, p.11.) “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-Rhône.) “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 figure 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 few rich individuals.” – Robert, ” De l’Influence de la révolution 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 a pot-à-feu during the week, and have given up rye-bread for wheat-bread.”

[27] The sum of 1 fr. 15 for a day’s manual labor is an average, derived from the statistics furnished by the prefects of the year IX to the year XIII, especially for Charente, Deux-Sèvres, Meurthe, Moselle and Doubs.

[28] “The Ancient Régime.” p. 353. (Laff. I. p. 262).

[29] Arthur Young, II., 259. (Average rate for a day’s work throughout France in 1789.)

[30] About 15 millions out of 26 millions, in the opinion of Mallet- Dupan and other observers. – Towards the middle of the 18th century, in a population estimated at 20 millions, Voltaire reckons that “many inhabitants possess only the value of 10 crowns rental, that others have only 4 or 5, and that more than 6 millions of inhabitants have nothing.” (“L’homme aux quarante écus.”)- A little later, Chamfort (I., 178) adds: “It is an incontestable truth that, in France, 7 millions of men beg, and 12 millions of men are incapable of giving anything.”

[31] Law of Floréal 3, year X, title II, articles 13, 14, § 3 and 4.

[32] Charles Nicolas, ibid. – In 1821, the personal and poll tax yields 46 millions; the tax on doors and windows, 21 millions: total, 67 millions. According to these sums we see that, 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 authorities, adapted to the accommodation of the taxpayer, and at once accepted by the inhabitants, has nothing in common with the former covée, save in appearance; in fact, it is as easy as the corvée was burdensome. (Stourm, I., 122.)

[33] They thus pay between 2 and 6% in taxes, a very low taxation if we compare with the contemporary industrial consumer welfare society, where, in Scandinavia, the average worker pay more than 50% of his income in direct and indirect taxes. (SR.)

[34] Charles Nicolas, “Les Budgets de la France depuis le commencement du XIXe Siècle,” and de Foville, “La France économique,” p. 365, 373. – Returns of licenses in 1816, 40 millions; in 1820, 22 millions; in 1860, 80 millions; in 1887, 171 millions.

[35] The mutation tax is that levied in France on all property transmitted by inheritance. 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 documents.-Tr.

[36] Ibid. Returns of the mutation tax (registration and timbre). Registration in 1820, 127 millions ; in 1860, 306 millions; in 1886, 518 millions. – Timbre, in 1820, 26 millions; in 1860, 56 millions; in 1886, 156 millions. Sum-total in 1886, 674 millions. – The rate of corresponding taxes under the ancient régime (contrôle, insinuation centième denier, formule) was very much lower; the principal one, or tax of centieme denier, took only 1 per 100, and on the mutations of real-estate. This mutation tax is the only one rendered worse; it was immediately aggravated by the Constituent 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 its full value. He has the privilege, however, of renouncing the estate if he does not choose to accept it along with its indebtedness.) – The taxpayer’s resignation to this tax is explained by the exchequer collecting it at a unique moment, when proprietorship just comes into being or is just at the point of 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 too glad to enter into possession of it, and not object to an impost which, although taking about a tenth, still leaves him only a little less wealthy. When property is transferred by contract 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 illusion both are less sensible of the shearing, each offering his own back in the belief that it is the back of the other.

[37] See “The Ancient Régime,” pp.358-362. (Ed. Laff. I. 266-268.)

[38] See “The Revolution,” vol. I., pp. 16, 38. (ED. Laff. I. pp. 326, 342.)

[39] Decree of Oct. 31 – Nov. 5, 1789, abolishing the boundary taxes between the provinces and suppressing 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 19-25 Feb. 1791, abolishing all octroi taxes. – Decree of 20-27 March 1791, 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.

[40] Gaudin, Duc de Gaëte, “Mémoires,” I., 215-217. – The advantages of indirect taxation are well explained by Gaudin. “The taxpayer pays only when he is willing and has the means. On the other hand, when the duties imposed by the exchequer are confounded with the price of the article, the taxpayer, in paying his due, 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, Nov. 25, 1808 (on liquors), May 19, 1802, March 6, 1804, April 24, 1806, Dec.. 29, 1810 (on tobacco).

[41] Letrosne, “De l’administration des finances et de la réforme de 1’impôt” (1779) pp.148, 162. – Laboulaye, “De l’administration française sous Louis XVI.” (Revue des cours littéraires, 1864-1865, p.677). “I believe that, under Louis XIII., they took at least five and, under Louis XIV, four to get two.”

[42] Paul Leroy-Bealieu, “Traité de la science des finances,” I., 261. (In 1875, these costs amount to 5.20 %.) – De Foville, ibid. (Cost of customs and salt-tax, in 1828, 16.2 %; in 1876, 10.2 %. – Cost of indirect taxation, in 1828, 14.90 %; in 1876, 3.7 %.) – De Calonné, “Collection des mémoires présentés à l’assemblée des notables,” 1787, p.63.

[43] See “The Ancient Régime,” P.23, 370. – ” The Revolution,” I., 10, 16, 17. (Ed. Laff. I. pp. 23-24, 274, 322, 326-327.)

[44] See “The Ancient Régime,” p.361. (Ed. Laff. I. p.268.)

[45] Leroy-Beaulieu, ibid., I., 643.

[46] Decrees of November 25, 1808, and December 8, 1824.

[47] Certain persons under the ancient régime enjoyed an exemption from the tax on salt.

[48] Stourm, I., 360, 389. – De Foville, 382, 385, 398.

[49] These figures are given by Gaudin.

[50] Thiers, XIII., pp.20 to 25.

[51] Lafayette, “Mémoires.” (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 peasants are richer, the land better tilled and the women better clad.” – “The Ancient Régime,” 340, 34, 342. – ” The Revolution,” III., p.366, 402.

[52] “The Ancient Régime,” P.340. (ED. Laff. I. pp. 254, 256.)-” The Revolution,” III., 212. (Ed. Laff. II. p. 271, 297.)

[53] These two famines were due to inclement seasons and were aggravated, the last one by the consequences of invasion and the necessity of supporting 150,000 foreign troops, and the former by the course taken by Napoleon who applies the maximum afresh, with the same intermeddling, the same despotism and the same failure as under the Convention.( “Souvenirs”, by PASQUIER (Etienne-Dennis, duc), chancelier de France. in VI volumes, Librarie Plon, Paris 1893.) “I do not exaggerate in stating that our operations in the purchase and transport (of grain) required a full quarter of the time, and often one-third, more than would have been required in commerce.” – Prolongation of the famine in Normandy. “Bands of famished beggars overran the country. . . . Riots and pillaging around Caen; several mills burnt. . . . Suppression of these by the imperial guard. In the executions which resulted from these even women were not spared.” – The two principal guarantees at the present day against this public danger are, first, easier circumstances, and next the multiplication of good roads and of railroads, the dispatch and cheapness of transportation, and the superabundant crops of Russia and the United States.

[54] J. Gebelin, “Histoire des milices provinciales” (1882), p.87, 143, 157, 288. – Most of the texts and details may be found in this excellent work. – Many towns, Paris, Lyons, Reims, Rouen, Bordeaux, Tours, Agen, Sedan and the two generalities of Flanders and Hainault are examples of drawing by lot; they furnished their contingent by volunteers enlisted at their own expense; the merchants and artisans, or the community itself, paying the bounty for enlistment. Besides this there were many exemptions in the lower class. – Cf. “The Ancient Régime,” p.390. (Ed. Laff. p. 289.)

[55] J. Gebelin, ibid., 239, 279, 288. (Except the eight regiments of royal grenadiers in the militia who turned out for one month in the year.)

[56] Example afforded by one department. (“Statistics of Ain,” by Rossi, prefect, 1808.) Number of soldiers on duty in the department, in 1789, 323; in 1801, 6,729; in 1806, 6,764. – ” The department of Ain furnished nearly 30,000 men to the armies, conscripts and those under requisition.” – It is noticeable, consequently, that in the population of 1801, 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 1806, 34,083.

[57] De Dampmartin. “Evénemens qui se sont passés sous mes yeux pendant la révolution française,” V. II. (State of the French army, Jan. 1, 1789.) Total on a peace footing, 177,890 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-Crancé et la Révolution,” I., 158. Speech by Dubois-Crancé.)

[58] “The Ancient Régime,” P 390, 391. – “The Revolution,” p. 328-330. (Ed. Laff. I. 289 and 290, pp. 542-543) – Albert Babeau, “le Recrutement militaire sous 1’ancien Régime.” (In “la Réforme sociale” of Sept. I, 1888, p. 229, 238.)- An officer says, “only the rabble are enlisted because it is cheaper.” – Yung, ibid., I., 32. (Speech by M. de Liancourt in the tribune.) “The soldier is classed apart and is too little esteemed.” – Ibid., p. 39. (“Vices et abus de la constitution actuelle française,” memorial signed by officers in most of the regiments, Sept. 6, 1789.) “The majority of soldiers are derived from the offscourings of the large towns and are men without occupation.”

[59] 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 volunteer service, as opposed to obligatory service; most of these demand, for the army, a volunteer militia enlisted through a bounty; this bounty or security in money to be furnished by communities of inhabitants which, in fact, was already the case in several towns.

[60] Albert Babeau, ibid., 238. “Colonels were allowed only 100 francs per man; this sum, however, being insufficient, the balance was assessed on the pay of the officers.”

[61] This principle was at once adopted by the Jacobins. (Yung, ibid., 19, 22, 145. Speech by Dubois-Crancé at the session held Dec.12, 1789.) “Every citizen will become 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 principle 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, “l’Armée et la Garde Nationale,”III, 475.)

[62] Taine wrote this in 1888, after the end of the second French Empire, after the transformation of Prussia into the Empire of Germany. Taine apparently had a premonition of the terrible wars of the 20th century, of Nazism, Communism and their death and concentration camps. (SR.)

[63] Baron Poisson, “l’Armée et la Garde nationale,” III., 475. (Summing up.) “Popular tradition has converted the volunteer of the Republic into a conventional personage which history cannot accept. . . . 1st. The first contingent of volunteers demanded of the country consisted of 97,000 men (i1791). 60,000 enthusiasts responded to the call, enlisted for a year and fulfilled their engagement; but for no consideration would they remain longer. 2nd. 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. 3rd. 300,000 men recruited, which measure partly fails; the recruit can always get off by furnishing a substitute. 4th. Levy in mass of 500,000 men, called volunteers, but really conscripts.”

[64] “Mémorial” (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 institution and already far advanced in our customs; only mothers were still afflicted by it, while the time was coming when a girl would not have a man who had not paid his debt to his country.”

[65] Law of Fructidor 8, year XIII, article 10. – Pelet de La Lozère, 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 home for the rest of his life, regarding it as a desolating, permanent exile. . . . Entire sacrifice of existence. . . . An annual crop of young men torn from their families and sent to death.” – Archives nationales, F7, 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.” – (Ariège.) “At Brussac, 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 last, six strange men presented themselves before the prison of Saint-Girons and loudly demanded Gouazé, 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 disobedient among the classes of the years IX, X, XI, XII, and XIII, and against the laggards of that of year IV, of which 134 men yet remain to be supplied.” – (Bouches-du-Rhône.) “50 deserter sailors and 84 deserters or conscripts of different classes have been arrested.” – (Dordogne.) “Out of 1353 conscripts, 134 have failed to reach their destination; 124 refractory or deserters from the country and 41 others have been arrested; 81 conscripts have surrendered as a result of placing a garrison amongst them; 186 have not surrendered. Out of 892 conscripts of the year 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, F7, 3018 and 3019, in “Journal d’un bourgeois d’Evreux,” p. 150 to 214, and “Histoire de 1814,” by Henry Houssaye, p.8 to 24.)

[66] Law of Fructidor, year VI.

[67] Decree of July 29, 1811 (on the exemption of pupils in the École Normale). – Decree of March 30, 1810, title II., articles 2, 4, 5, 6 (on the police and system of the École Normale). – Decree on the organization of the University, titles 6 and 13, March 7, 1808.

[68] Law of Ventôse 17, year VIII, title III., articles I and 13. – Law of Fructidor 8, year XIII, articles 50, 54, and 55.

[69] Law of Fructidor 8, year XIII, article 51

[70] Law of Ventôse 17, year VIII, title 3, article I.

[71] Thibaudeau, p. 108. (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 individual 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.”

[72] Pelet de La Lozère, 228.

[73] Archives nationales, F7, 3014. (Reports of prefects, 1806.) Average price of a substitute: Basses Alpes, from 2,000 to 2,500 francs; Bouches-du-Rhône, from 1,800 to 3,000; Dordogne, 2,400; Gard, 3,000; Gers, 4,000; Haute-Garonne, from 2,000 to 3,000; Hérault, 4,000; Vaucluse, 2,500; Landes, 4,000. Average rate of interest (Ardèche): “Money, which was from 11/4 to 11/2 %, has declined; it is now at 3 1/4 % a month or 10 % per annum.” – (Basses Alpes): “The rate of money has varied in commerce from 1 to 3/4 % per month.” – (Gard): “Interest is at 1 % a month in commerce; proprietors can readily borrow at 9 or 10 % per annum.” – (Hérault): “The interest on money is 1 1/4 % per month.” – (Vaucluse): “Money is from 3/4 to 11/4 % per month.”

[74] 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. Desolate state of things in 1813, “general depression and discouragement.” – Miot de Mélito, III., 304. (Report of Miot to the Emperor after a tour in the departments in 1815.) “Everywhere, almost, the women are your declared enemies.”

[75] Law of Ventôse 17, year VIII, title 3, articles 6, 7, 8, 9. – Exemption is granted as a favor only to the ignorantin brothers and to seminarians assigned to the priesthood. – Cf. the law of March 10, 1818, articles 15 and 18.

CHAPTER III. Ambition and Self-esteem.

I. Rights and benefits.

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 incapacity 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 promotion. – Napoleon’s distribution of employments. – His staff of officials recruited from all classes and parties.

Now that the State has just made a new allotment of the burdens and duties which it imposes it must make a new assignment of the rights and benefits it confers. Distributive justice, on both sides, and 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 Régime 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 government 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, stipulated conditions. Hence, in France, so many different conditions: each distinct body had yielded through one or several 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. Their statutes, written or unwritten, guaranteed to them precious privileges which the other bodies, much weaker, could neither acquire nor preserve. These were 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 advantages. The very least being precedence, preferences, social priority, with an incontestable right to rank, honors, offices, and favors. Such, notably, were the regions-states possessing their own government (pays d’états), compared with those which elected the magistrates who apportioned taxation (pays d’élection),[1] 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 numerous and counting by millions – the taxable commons, all subjects without rank or quality, in short, the ordinary run of men, especially the common herd of the towns and particularly 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, Provençals, Burgundians or Alsatians, Catholics, Protestants or Israelites, nobles or plebeians, bourgeois or rurals, 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.

Henceforth, all Frenchmen, in theory, enjoy rights in common; unfortunately, this is only the theory. In reality, in all state relationships (dans la cité), 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 immediately deprived of the rights of man. Surrendered to rural jacqueries and to town mobs, they undergo, first, the neglect and, next, the hostility of the State: the public gendarme 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 practiced against the Calvinist minority. – Thus, in 1799 as in 1789, there are two classes of Frenchmen, two different varieties of men, the first one superior, installed in the civic fold, and the second, inferior and excluded 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 (of equalite) , nevertheless, subsists. Since 1789 it is inscribed 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 grotesque caricature, all minds and sentiments ever recur to the ideal form of the cité to the veritable social contract, to the impartial, active, and permanent reign of distributive 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 profoundly still, they are predisposed to it by the inner structure of their intelligence, by the original cast of their sensibility7 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 on the high-road to consequences.[2] 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 important and most efficacious, those which geography, history, 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 unconscious, 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 (self-esteem, pride or arrogance), so keen in France, and so readily excited, comes in to interpret and apply the formula:[3]

“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 inferior and wounded in my deepest feelings. When the legislator 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 community and universal suffrage is not. So much the worse if I am sovereign only in name, and through the imagination; I consent to my sovereignty being illusory, but with the understanding 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, including 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;[4] healthy or unhealthy, however, its power in France is enormous, and the new Régime gratifies it in every possible way, good or bad. No more legal disqualifications! On the one hand, the republican laws of proscription or of exception were all repealed: we have seen an amnesty and the return of the émigrés, 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.[5] He gives twelve of the sixty episcopal thrones to former schismatics; he wants them to take their places boldly; he relieves them from ecclesiastical penitence 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 consistories and Jewish synagogues[6] 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 cure’s; 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 ignored, 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

Similarly, in the civilian status, 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 burdened by taxation or by the conscription beyond its due; all persons and all property find in the government, in the administration, in the tribunals, in the gendarme, the same reliable protection. – So much for equity and the true spirit of equality. – Let us now turn around and consider envy and the bad spirit of equality. The plebiscite, undoubtedly, as well as the election of deputies to the Corps Legislatif are simply comedies; but, in these comedies, one rôle is as good as another 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 collective 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 privation, 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,[7] while the clerk, the workman, the journeyman, the handicraftsman, who grumble at being the groundlings, find themselves less badly off since their masters 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 a 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 opportunity for all runners: the government has laid out and leveled the ground, established compartments, divided off and prepared rectilinear lists which converge to the goal; there, it presides, the unique arbiter of the race, exposing to all competitors the innumerable prizes which it proposes for them. – These prizes consist of offices, the various employments of the State, political, military, ecclesiastical, judiciary, administrative and university, all the honors and dignities which it dispenses, all the grades of its hierarchy from the lowest to the highest, from that of corporal, college-regent, alderman, office – supernumerary, assistant priest up to that of senator, marshal of France, grand master of the university, cardinal, and minister 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, importance and social pre-eminence; thus, according to the rank one attains in the hierarchy, one is something, or of some account; outside of the hierarchy, one is nothing.

Consequently, the faculty for getting in and advancing one’s self in these lists is the most precious of all: in the new Régime 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 reduces everybody to competing under its direction it is bound to be an 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 preliminary exclusions; no more gratuitous preferences, undeserved favors, anticipated promotions; no more special favors. – 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 talents it contains, and, moreover, to incurring, besides the inevitable 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 legitimate ambition and every justifiable pretension.

Under the monarchy, an obscure birth debarred even the best endowed men from the principal offices. Under the Consulate and the Empire the two leading personages of the State are Lebrun, Maupeou’s old secretary, a productive translator,[8] a lawyer, formerly councilor in a provincial court of justice, then third-consul, then Duc de Plaisance and arch-chancellor of the Empire and Cambacérès, second- consul, then Duc 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, Masséna, 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 hostler, and Augereau, son of a mason and a female dealer in fruit and vegetables. – Under the Republic, noble birth consigned, 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 nobility figuring in the first ranks: among the clergy M. de Roquelaure, M. de Boisgelin, M. de Broglie, M. Ferdinand de Rohan; in the magistracy, M. Séguier, M. Pasquier, M. Molé; on the domestic and decorative staff of the palace, Comte de Ségur, grand-master of ceremonies, Comte de Montesquiou-Fézensac, grand-chamberlain, 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,[9] and other bearers of historic names. – During the Revolution, at each new parliamentarian, popular or military coup d’état the notabilities of the vanquished party were always excluded from office and generally outlawed. After the coup d’état 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 Mabuet is made councilor 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 of the Legislative Assembly, Vaublanc is made prefect, Beugnot a councilor 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 2nd June, Riouffe is prefect and baron, Lanjuinais is senator and count; among others proscribed, or half proscribed, the new Régime restores to and places at the head of affairs the superior and special employees 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 morning 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 councilor of state, Comte de Melito minister of finances at Naples, while Gaudin is made minister of finances in France and Duc de Gaëte. Among the transported or fugitives of Fructidor, Barthélemy becomes senator, Barbé-Marbois director of the Treasury and first president of the Cour des Comptes; Siméon, councilor 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 Directory, but again he seeks recruits among pure royalists and pure Jacobins, among the men the most devoted to the ancient Régime and amongst those most compromised by the Revolution, 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, Roederer and Grégoire, apart from Fourcroy, Bérlier and Réal, apart from Treilhard and Boulay de La Meurthe, he employs others branded or noted for terrible acts, Barère himself, at least for a certain period, and in the sole office he was fitted for, that of a denunciator, gazetteer and stimulator of public opinion; everybody has a place according to his faculties, and each has rank according to his usefulness and merit. Barère, 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-André, 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; Fouché, whose name tells all, becomes minister of state and Duke of Otranto; nearly all of the survivors of the Convention are made judges of première instancc or of 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.[10]

II. Ambitions during the Ancient Regime.

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. –

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 of the imagination, to absorb the will and possess the mind entirely; and the reason is that it lacked both air and victuals. Promotion, under the old monarchy, was slow, and in the first place, because 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 reserved 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 designated by name as his legal heir, the purchaser of his survivorship. 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 followers; 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 sometimes succeed in mounting the lowest steps of the next story, but there he stopped. In short, 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 beforehand to derive only a mediocre revenue from it, 10, 5 and sometimes 3 % on the purchase-money.[11] The place once acquired, especially if an important one, involved official parade, receptions, an open table, a large annual outlay;[12] it often ran the purchaser 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 regarded by his future colleagues as acceptable, or by the patron as a guest, invited, and feasible friend, in other words, provide sponsors for himself, furnish 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, quite different from that of Paris and the provinces.[13] To maintain one’s self in a high parliamentary position, one was expected to possess local alliances, moral authority, the traditions and deportment handed down from father to son in the old magistrate families, and which a mere advocate, an ordinary pleader, could not arrive at.[14] In short, on this staircase, each distinct story imposed on its inmates a sort of distinct costume, more or less costly, embroidered and gilded, I mean a sum of outward and inward habits and connections, all obligatory and indispensable, 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; Danton, 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 conformity with custom, as in testimony of respect for the usages of good society.

Through this visible separation of stories, people had acquired 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: ambition, 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 assistant-counselor 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 counselor 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, not only to perform the duties of the office, but to be contented 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 preoccupations, 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 enjoyment of each other’s company and without calculation, through easy and considerate intercourse, smiling or laughing, in short, in a constant flow of inspiration, good-humor and gayety.[15] It is probable that, if the Revolution had not intervened, the great parvenus of the time and of the Empire would, like their forerunners, have submitted to prevailing necessities and readily accommodated themselves to the discipline of the established Régime. Cambacérès, who had succeeded to his father as counselor at the bar of Montpellier, would have become president (of the tribunal) in his turn; meanwhile, he would have composed able jurisprudential treatises and invented some new pâté de becfigues; Lebrun, former collaborator with Maupeou, might have become counselor 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 to praise his elegant and faulty translations. Amongst the future marshals, some of them, pure plebeians, Masséna, Augereau, Lannes, Ney, Lefebvre, might have succeeded through brilliant actions and have become “officers of fortune,” while others, taking in hand specially difficult services, like commandant Fischer who undertook the destruction of Mandrin’s band, and again, like the hero Chevert, and the veteran Lückner, 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 sufficient food for their strong and coarse appetites; they would have uttered just the same oaths, at just as extravagant suppers, with mistresses of just the same caliber.[16] 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 distasteful 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[17] that “Frenchmen were found everywhere,” in Canada, in Louisiana, as surgeons, fencing-masters, riding-masters, officers, engineers, adventurers especially, and even filibusters, trappers 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 explorers 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 Bourdonnais in Hindustan. Such was the outlet for daring, uncontrollable 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 insubordination 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 dispatched 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 indigenous rajah or king as agent, councilor or companion of his pleasures; he might have become prime-minister to Tippoo Sahib, 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 Mahrattas. 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 administrative 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 imagination 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,[18] 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.

III. Ambition and Selection.

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 raised to be lord and judge. – Consequence of its verdict. – Unworthiness of its choice.

But the Revolution arrived and the ambitions which, under the ancient Régime, 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 highway and every other road is open to everybody through the decrees of the Constituent- Assembly, not only for the future, but even immediately. The sudden dismissal of the entire ruling staff, executive, or consultative, political, administrative, provincial, municipal, ecclesiastical, educational, military, judicial and financial, summon to take office all who covet it and who have a good opinion of themselves. All previously existing conditions, birth, 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 employments; all grades of the legal and social hierarchy are conferred by a more or less direct election, a suffrage becoming more and more popular, by a mere numerical majority. Consequently, in all branches of the government under central or local authority and patronage, there is the installation of a new staff of officials. The transposition which everywhere substitutes the old inferior to the old superior, is universal,[19] “lawyers for judges, bourgeois for statesmen, former plebeians for former nobles, soldiers for officers, officers for generals, curés for bishops, vicars for curés, monks for vicars, stock-jobbers for financiers, self-taught persons for administrators, journalists for publicists, rhetoricians for legislators, and the poor for the rich.” A sudden 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 omnipotence and dictatorship – such is the capital, positive, striking work of the Revolution.

At the same time, and as an after-effect, a revolution is going on in minds and the moral effect of the show is greater and more lasting than the events themselves. The minds have been stirred to their very depths; stagnant passions and slumbering pretensions are aroused. The multitude of offices presented and expected vacancies “has excited the thirst for power, stimulated self-esteem, and fired the hopes of men the most inept. An fierce, gross presumption has freed the ignorant and the foolish of any feeling of modesty or incompetence; they have deemed themselves capable of everything because the law awards public office simply to the able. Everybody had a perspective glimpse of gratified ambition; the soldier dreamt only of displacing the officer, the officer of becoming general, the clerk of supplanting the head administrator, the lawyer of yesterday of the supreme court, the curé of becoming bishop, the most frivolous littérateur of seating himself on the legislative bench. Places and positions, vacant due to the promotion of so many parvenus, provided in their turn a vast career to the lower classes. Seeing a public functionary issue out of nothingness, where is the shoeblack whose soul would not stir with ambition?” – This new sentiment must be taken into account: for, whether reasonable or not, it is going to last, maintain its energy, stimulate men with extraordinary force[20] and become one of the great incentives of will and action. Henceforth, government and administration are to become difficult matters; the forms and plans of the old social architecture are no longer applicable; like construction is not possible with materials of a different kind, whether with stable or unstable materials, with men who do not dream of quitting their condition or with men who think of nothing but that.

In effect, whatever vacancy may occur, each aspirant thinks himself fit for it, and only one of the aspirants can obtain it. Accordingly some rule of preference must be adopted outside of the opinion that each candidate entertains of himself. Accordingly, at a very early date, one was established, and there could be no better one, namely, that, among the competitors for the place, the most competent to fill it should be chosen. Unfortunately, the judge, ordinary, extraordinary and supreme, instituted to decide in this case, was the plurality of male, adult Frenchmen, counted by heads, that is to say a collective being in which the small intelligent, élite body is drowned in the great rude mass; of all juries, the most incompetent, the easiest duped and misled, the least able to comprehend the questions laid before it and the consequences of its answer; the worst informed, the most inattentive, the most blinded by preconceived sympathies or antipathies, the most willingly absent, a mere flock of enlisted sheep always robbed or cheated out of their vote, and whose verdict, forced or simulated, depended on politicians beforehand, above and below, through the clubs as well as through the revolutionary government, the latter, consequently, maneuvering in such a way as to impose itself along with their favorites on the choice of the French people. Between 1792 and 1799, the republican official staff just described is thus obtained. – It is only in the army where the daily and keen sense of a common physical and mortal danger ends in dictating the choice of the best, and raises tried merit to the highest rank; and yet it must be noted that Jacobin infatuation bore down as rigorously on the army as elsewhere and on two occasions: at the outset through the election of a superior officer conferred on subordinates, which handed rank over to the noisy disputants and intemperate intriguers of the mess-room; and again during the Reign of Terror, and even later,[21] in the persecution or dismissal of so many patriotic and deserving officers, which led Gouvion-Saint-Cyr and his comrades, through disgust, to avoid or decline accepting high rank, in the scandalous promotion of club brawlers and docile nullities, in the military dictatorship of the civil proconsuls, in the supremacy conferred on Léchelle and Rossignol, in the subordination forced on Kléber and Marceau, in the absurd plans of a demagogue with huge epaulettes like Cartaux,[22] in the grotesque orders of the day issued by a swaggering inebriate like Henriot,[23] in the disgrace of Bonaparte, and in the detention of Hoche. – In the civil order of things, it was worse. Not only was the rule of regulating promotion by merit not recognized but it was applied in an inverse sense. In the central government as in the local government, and from top to bottom of the hierarchy, from the post of minister of foreign affairs down to that of president of a petty revolutionary committee, all offices were for the unworthy. Their unfitness kept on increasing inasmuch as incessant weeding out worked against them, the functionary, degraded by his work, growing worse along with his function. – Thus the constitutional rights of merit and capacity ended in the practical privilege of incapacity and demerit. And in the allotment of grades and social advantages, distributive justice had given way to distributive injustice, while practice, contrary to theory, instituted permanently, on the one hand, the exclusion or retirement of competent, instructed, expert, well-bred, honorable and respected men and, on the other hand, brought forward illiterate, inept and rude novices, coarse and vulgar brutes, common blackguards, men used up or of tarnished reputations, rogues ready for anything, fugitives from justice, in short the adventurers and outcasts of every kind and degree.[24] The latter, owing their success to perversion or lack of conscientiousness, derived their principal title from their vigorous fists and a fixed determination to hold on to their places as they had obtained them, that is to say by main force and by the murder or exile of their rivals. – Evidently, the staff of officials which the Declaration of Human Rights had promised was not the staff on duty ten years later there was a lack of experience.[25] In 1789, careers were open to every ambition; down to 1799, the rivalry of ambitions had simply produced a wild uproar and a brutal conquest. The great modern difficulty remained: how to discipline the competition and to find an impartial judge, an undisputed arbitrator of the competition.

IV. Napoleon, Judge-Arbitrator-Ruler.

Napoleon as judge of competition. – Security of his seat. – Independence 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 perspicacity. – His vigilance. – Zeal and labor of his functionaries. – Result of competition thus viewed and of functions thus exercised. – Talents utilized and jealousies disarmed.

Behold him, at last, this judge-arbitrator. On the 8th November, 1799, he appears and takes his seat, and that very evening he goes to work, makes his selections among the competitors and gives them their commissions. He is a military chieftain and has installed himself; consequently he is not dependent on a parliamentary majority, and any insurrection or gathering of a mob is at once rendered abortive by his troops before it is born. Street sovereignty is at an end; Parisians are long to remember the 13th of Vendémaire and the way General Bonaparte shot them down on the steps of Saint-Roch. All his precautions against them are taken the first day and against all agitators whatever, against all opponents disposed to dispute his jurisdiction. His arm-chair as first Consul and afterwards his throne as Emperor are firmly fixed; nobody but himself can undermine them; he is seated definitively and will stay there. Profound silence reigns in the public crowd around him; some among them dare whisper, but his police has its eye on them. Instead of conforming to opinion he rules it, masters it and, if need be, he manufactures it. Alone by himself from his seat on high, in perfect independence and security, he announces the verdicts of distributive justice. Nevertheless he is on his guard against the temptations and influences which have warped the decisions of his predecessors; in his tribunal, the schemes and intrigues which formerly obtained credit with the people, or with the king, are no longer in vogue; from now on, the profession of courtier or of demagogue is a poor one. – On the one hand, there is no success, as formerly under the monarchy, through the attentions of the ante- chamber, through elegant manners, delicate flattery, fashionable drawing-rooms, or valets and women on an intimate footing; mistresses here enjoy no credit and there are neither favorites nor the favored; a valet is regarded as a useful implement; great personages are not considered as extra-ornamental and human furniture for the palace. Not one among them dare ask for a place for a protégé which he is incapable of filling, an advancement which would derange the lists of promotions, a pass over the heads of others; if they obtain any favors, these are insignificant or political; the master grants them as an after-thought, to rally somebody, or a party, to his side; they personally, their ornamental culture, their high-bred tone, their wit, their conversational powers, their smiles and bows – all this is lost on him, or charged to account. He has no liking for their insinuating and discreet ways;[26] he regards them as merely good domestics for parade; all he esteems in them is their ceremonial significance, that innate suppleness which permits them to be at once servile and dignified, the hereditary tact which teaches them how to present a letter, not from hand to hand, but on the rim of a hat, or on a silver plate, and these faculties he estimates at their true worth. – On the other hand, nobody succeeds, as lately under the Republic, through tribunal or club verbosity, through appeals to principles, through eloquent or declamatory tirades; “glittering generalities,” hollow abstractions and phrases made to produce an impression have no effect; and what is better, political ideology, with a solicitor or pleader, is a bad note. The positive, practical mind of the judge has taken in at a glance and penetrated to the bottom of arguments, means and valid pretensions; he submits impatiently to metaphysics and pettifoggery, to the argumentative force and mendacity of words. – This goes so far that he distrusts oratorical or literary talent; in any event when he entrusts active positions or a part in public business then he takes no note of it. According to him, “the men who write well and are eloquent have no solidity of judgment; they are illogical and very poor in discussion,”[27] they are mere artists like others, so many word-musicians, a kind of special, narrow-minded instrument, some of them good solo players, like Fontanes, and who the head of a State can use, but only in official music for grand cantatas and the decoration of his reign. Wit in itself, not alone the wit which gives birth to brilliant expressions and which was considered a prime accomplishment under the old regime, but general intelligence, has for him only a semi-value.[28] “I am more brilliant[29], you may say? Eh, what do I care for your intelligence? What I care for is the essence of the matter. There is nobody so foolish that is not good for something – there is no intelligence equal to everything.” In fact, on bestowing an office it is the function which delegates; the proper execution of the function is the prime motive in determining his choice; the candidate appointed is always the one who will best do the work assigned him. No factitious, party popularity or unpopularity, no superficial admiration or disparagement of a clique, of a salon, or of a bureau, makes him swerve from his standard of preference.[30] He values men according to the quality and quantity of their work, according to their net returns, and he estimates them directly, personally, with superior perspicacity and universal competency. He is special in all branches of civil or military activity, and even in technical detail; his memory for facts, actions, antecedence and circumstances, is prodigious; his discernment, his critical analysis, his calculating insight into the resources and shortcomings of a mind or of a soul, his faculty for gauging men, is extraordinary; through constant verifications and rectifications his internal repertory, his biographical and moral dictionary, is kept daily posted; his attention never flags; he works eighteen hours a day; his personal intervention and his hand are visible even in the appointment of subordinates. “Every man called to take part in affairs was selected by him;”[31] it is through him that they retain their place; he controls their promotion and by sponsors whom he knows. “A minister could not have dismissed a functionary without consulting the emperor, while the ministers could all change without bringing about two secondary changes throughout the empire. A minister did not appoint even a second-class clerk without presenting a list of several candidates to the emperor and, opposite to it, the name of the person recommending him.” All, even at a distance, felt that the master’s eyes were on them. “I worked,” says Beugnot,[32] “from night to morning, with singular ardor; I astonished the natives of the country who did not know that the emperor exercised over his servitors, however far from him they might be, the miracle of the real presence. I thought I saw him standing over me as I worked shut up in my cabinet.” – “Under him,” writes Roederer, “there is no man of any merit who, as a reward for long and difficult labor, does not feel himself better compensated by a new task than by the most honorable leisure.” Never did positions less resemble sinecures. Never was the happiness of successful candidates or the misery of unsuccessful candidates better justified. Never the compliance, the difficulty, the risks of a required task have been compensated more fairly by the enjoyment of the allocated rewards nor moderated the bitterness of the frustrated pretensions.[33] Never were public functions assigned or fulfilled in a way to better satisfy the legitimate craving for advancement, the dominant desire of democracy and of the century, and in a way to better disarm the bad passions of democracy and of the century, consisting of an envious leveling, anti-social rancor and the inconsolable regrets of the man who has failed. Never did human competition encounter a similar judge, so constant, so expert and so justified. – He is himself conscious of the unique part he plays. His own ambition, the highest and most insatiate of all, enables him to comprehend the ambition of others; to place everywhere the man who suits the post in the post which suits the man – this is what he has done for himself and what he does for others. He knows that in this lies his power, his deep-seated popularity, his social utility.

“Nobody,” says Napoleon,[34] “is interested in overthrowing a government in

which all the deserving are employed.”

Then, again, comes his significant exclamation at the end, his summary of modern society, a solemn grandiose figure of speech found in the legendary souvenirs of a glorious antiquity, a classic reminiscence of the noble Olympian games,

“Henceforth, all careers are open to talent!”

IV. The Struggle for Office and Title.

Competition 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 the prizes offered. – The Legion of Honor. – The imperial nobility. – Dotations and majorities. – Emulation.

Let us now consider the career which he thus opens to them and the prizes he offers. These prizes are in full view, ranged along each racecourse, graduated according to distances and more and more striking and magnificent. Every ambition is provided for, the highest as well as the lowest, and these are countless; for they consist of offices of every grade in the civil and military hierarchies of a great centralized State whose intervention is universal, under a government which systematically tolerates no authority or influence outside of itself and which monopolizes every species of social importance for its own functionaries.[35] – All these prizes, even the smallest and most insignificant, are awarded by it. In the first place, Napoleon has two or three times as many offices to bestow, on the soil of old France alone, as the former kings; for, even in the choice of their staff of officials, the latter were not always free; in many places they did not have, or no longer had the right of appointment. At one time, this right be longed from time immemorial to provincial or municipal corporations, laic or ecclesiastic, to a certain chapter, abbey or collegiate church, to a bishop in his diocese, to the seignior in his seignory. At another time the king, once possessing the right, had surrendered or alienated it, in whole or in part through gratuitous favor and the concession of a survivorship or for money and through the sale of an office; in brief, his hands were tied fast by hereditary or acquired privileges There are no privileges now to fetter the hands of the First Consul. The entire civil organization dates from him. The whole body of officials is thus of his own selection, and under him it is much more numerous than that of the ancient Régime; for he has extended the attributions of the State beyond all former bounds. Directly or indirectly, he appoints by hundreds of thousands the mayors and councilors of municipalities and the members of general councils, the entire staff of the administration, of the finances, of the judicature, of the clergy, of the University, of public works and of public charity. Besides all this, myriads of ministerial and notarial officials lawyers, ushers, auctioneers, and by way of surplus, or as a natural result, the members of every great private association since no collective enterprise, from the Bank of France and the press to stage lines and tontines, may be established without his permission, nor exist without his tolerance. Not counting the latter, and after deducting likewise the military or active duty and the functionaries who draw pay, the prefect from the earliest years report that, since 1789, the number of people “employed or under government pay” has more than doubled: In Doubs, in the year IX, instead of 916 there are 1820; in Meurthe in the year XIII, instead of 1828 there are 3091; in Ain, in 1806 instead of 955 there are 1771[36]. As to the army, it has tripled, and according to the First Consul’s own calculations, instead of 9,000 or 10,000 officers as in 1789, there are more than 20,000. – These figures go on increasing on the old territory through the very development of the new organization, through the enormous increase of the army, through the re-establishment of religious worship, through the installation of droits réunis, through the institution of the University, owing to the increasing number of officials, curés and assistant-priests, of professors and school-teachers, and of retired and pensioned invalids.[37]

And these figures, which already swell of themselves, are to swell an additional half through the extension of the ancient territory. Instead of 86 departments with a population of 26 millions, France ends in comprising 130 departments with 42 million inhabitants – Belgium and Piedmont, then Hanover, Tuscany, Central Italy, Illyria, Holland and the Hanseatic provinces, that is to say 44 departments and 16 millions of annexed Frenchmen;[38] affording another large outlet for little and big ambitions. – Add still another, as a surplus and not less extensive outlet, outside of France: for the subject princes and the vassal kings, Eugène, Louis, Jerome, Murat, and Joseph, each with their governments, import into their realms a more or less numerous body of French officials, familiars, court dignitaries, generals, ministers, administrators, even clerks and other indispensable subalterns, if for no other purpose than to bring the natives within the military and civil compartments of the new Régime and teach them on the spot the conscription, the administration, the civil code, and systems of accounts like those of Paris. Even in the independent or allied States, in Prussia, in Poland, in the confederation of the Rhine, there are, at intervals or permanently, Frenchmen in position and in authority to command contingent forces, to garrison fortresses, to receive supplies and secure the payment of war contributions. Even with the corporal and custom-house inspector on duty on coast at Dantzig and at Reggio, the sentiment of victorious priority equals the possession of rank; in their eyes the natives of the country are semi-barbarians or semi-savages, a backward or prejudiced lot, not even knowing how to speak their language; they feel themselves superior, as formerly the señor soldado of the sixteenth century, or the civis romanus. Never since the great Spanish monarchy and the Old Roman empire has a conquering State and propagator of a new régime afforded its subjects such gratifications of self-esteem, nor opened so vast a career to their ambitions.

For, having once adopted their career, they know better than the Spaniards under Charles V. or the Romans under Augustus, how far they can go and how fast they can get ahead. No obstacle impedes them; nobody feels himself confined his post; each considers the one he occupies as provisional, each takes it only to await a better one, anticipating another at a very early date; he dashes onward, springs aloft and occupies in advance the superior post which he means to secure on the first vacancy, and, under this Régime, the vacancies are numerous. – These vacancies, in the military service and in the grade of officers, may be estimated at nearly four thousand per annum;[39] after 1808 and 1809, but especially after the disaster of 1812 and 1813, places are no longer lacking but subjects fill them; Napoleon is obliged to accept youths for officers as beardless as his conscripts, eighteen-year-old apprentices who, after a year or six months in the military academy, might finish their apprenticeship on the battle- field, pupils taken from the philosophy or rhetoric classes, willing children (de bonne volonté): On the 13th of December 1808, he draws 50 from his lycées, who don the gold-lace of under-officers at once; in 1809, he calls out 250, to serve in the depot battalions; in 1810, he calls out 150 of the age of nineteen who “know the drill,” and who are to be sent on distant expeditions with the commission of second- lieutenant; in 1811, 400 for the school of noncommissioned officers at Fontainebleau, 20 for the Ile-de-Ré and 84 who are to be quartermasters; and, in 1812, 112 more and so on. Naturally, thanks to annually increasing gaps made by cannon and bayonet, the survivors in this body of youth mount the faster; in 1813 and 1814, there are colonels and lieutenant-colonels of the age of twenty-five.

In the civil service, if fewer are killed everybody is almost equally over tasked. Under this reign one is soon used up, physically and morally, even in pacific employments, and this also supplies vacancies. Besides, in default of deaths, wounds and violent elimination, there is another elimination, not less efficacious, operating in this direction, and for a long time, in favor of men of ability, preparing places for them and accelerating their advancement. Napoleon accepts none but competent candidates; now, in 1800, there is a dearth of acceptable candidates for places in the civil service and not, as in 1789, or at the present time, a superabundance and even too great a crowd. – In the military service especially, capacity is innate; natural endowments, courage, coolness, quick perception, physical activity, moral ascendancy, topographical imagination form its principal elements; men just able to read, write and cipher became, in three or four years, during the Revolution, admirable officers and conquering generals. – It is not the same in relation to civil capacity; this requires long and continuous study. To become a priest, magistrate, engineer, professor, prefect or school-teacher, one must have studied theology or law, mathematics or Latin, administration or the finances. If not, the functionary is not qualified to serve: he must, at the very least, know how to spell, be able to write French, examine a law-case, draw up a report, keep accounts, and if needs be, comprehend a plan, make an estimate and read off a map. Men of this stamp are rare at the beginning of the Consulate. As notables,[40] the Revolution mowed them down first. Among all their sons and so many well-bred youth who have become soldiers through patriotism, or who have left their families to prevent these from becoming suspect, one half repose on the battlefield or have left the hospital only for the cemetery; “the muscadin[41] died from the first campaign.” In any event, for them and their younger brothers, for the children beginning to learn Latin and mathematics, for all who hoped to pursue liberal professions, for the entire generation about to receive either a superior, a common, or even a primary instruction, and hence to furnish brains prepared for intellectual work, there was a lack of this for ten years. Not only were the endowments which provided for instruction confiscated but the educational staff, nearly all ecclesiastic, was one of the most proscribed among those proscribed. Whilst military requisition and the closing of the schools suppressed the pupils, massacres, banishment, imprisonment, destitution and the scaffold suppressed the teachers. Whilst the ruin of universities and colleges did away with theoretical apprenticeship, the ruin of manufactures and of trade abolished practical apprenticeship. Through the long interruption of all studies, general instruction as well as special competency became rare product in the market. – Hence it is that, in 1800, and during the three or four following years, whoever brought to market either one the other of these commodities was certain of a quick sale;[42] the new government needed them more than anybody. The moment the seller made up his mind, he was bought, and, whatever he may be, a former Jacobin or a former émigré; he is employed. If he brings both commodities and is zealous, he is promptly promoted; if, on trial, he is found of superior capacity, he will, like Mollien, Gaudin, Tronchet, Pasquier and Molé, attain to the highest posts, for he finds scarcely any competitors. These he would have had had things followed their usual course; it is the Revolution which has cleared the ground around him; without that the road would have been obstructed; competent candidates would have swarmed. Reckon, if possible, how many men of talent who were destroyed, royalists, monarchists, feuillants, Girondists and even Jacobins. They were the élite of the noblesse, of the clergy, of the bourgeoisie, of the youth and those of riper age. Thus rid of their most formidable rivals the survivors pursue their way at top speed; the guillotine has wrought for them in advance; it has effected openings in their own ranks, made by bullets in every battle in the ranks of the army, and, in the civil hierarchy as in the military hierarchy, merit, if demonstrated by services, or not arrested by death, reaches the highest summit in very few years.

The prizes offered on these summits are splendid; no attraction is lacking. The great trainer who displays them has omitted none of the seductions which excite and stimulate an ordinary mind. He has associated with the positive values of power and wealth every value incident to imagination and opinion; hence his institution of decorations and the Legion of Honor.[43]

“They call it a toy,”[44] said he, ” but men are led by toys. . . Frenchmen are not changed by ten years of revolution. . . . See how the people prostrate themselves before foreign decorations: they have been surprised by them and accordingly do not fail to wear them. . . . The French cherish but one sentiment, honor: that sentiment, then, requires nourishing – they must have honors.”

A very few are satisfied with their own achievements; ordinary men are not even content with the approbation they perceive in the eyes of others: it is too intermittent, too reserved, too mute; they need fame that is brilliant and noisy; they want to hear the constant hum of admiration and respect whenever they appear or whenever their name is mentioned. Even this does not suffice; they are unwilling that their merit should rest in men’s minds in the vague state of undefined greatness, but that it should be publicly estimated, have its current value, enjoy undisputed and measured rank on the scale above all other lesser merits. – The new institution affords complete satisfaction to