the origins of contemporary france-5-第67部分
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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; Proven?als; 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 r?le 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: