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indistinguishable； detached monads which the philosophers insist on
substituting for them。 Their association need not be created； for
it already exists； for eight centuries they have a 〃common weal 〃
（la chose publique）。 The safety and prosperity of this common weal
is at once their interest； their need； their duty； and even their
most secret wish。 If it is possible to speak here of a contract；
their quasi…contract is made and settled for them beforehand。 The
first article； at all events； is stipulated for； and this overrides
all the others。 The nation must not be dissolved。 Public
authorities must； accordingly； exist； and these must be respected。
If there are a number of these； they must be so defined and so
balanced as to be of mutual assistance； instead of neutralizing each
other by their opposition。 Whatever government is adopted； it must
place matters in the hands best qualified to conduct them。 The law
must not exist for the advantage of the minority； nor for that of
the majority； but for the entire community。 In regard to this
first article no one must derogate from it； neither the minority nor
the majority； neither the Assembly elected by the nation； nor the
nation itself； even if unanimous。 It has no right arbitrarily to
dispose of the common weal； to put it in peril according to its
caprice； to subordinate it to the application of a theory or to the
interest of a single class； even if this class is the most numerous。
For； that which is the common weal does not belong to it； but to the
whole community； past； present； and to come。 Each generation is
simply the temporary manager and responsible trustee of a precious
and glorious patrimony which it has received from the former
generation； and which it has to transmit to the one that comes after
it。 In this perpetual endowment； to which all Frenchmen from the
first days of France have brought their offerings； there is no doubt
about the intentions of countless benefactors； they have made their
gifts conditionally； that is； on the condition that the endowment
should remain intact； and that each successive beneficiary should
merely serve as the administrator of it。 Should any of the
beneficiaries； through presumption or levity； through rashness or
one…sidedness； compromise the charge entrusted to them； they wrong
all their predecessors whose sacrifices they invalidate； and all
their successors whose hopes they frustrate。 Accordingly； before
undertaking to frame a constitution； let the whole community be
considered in its entirety； not merely in the present but in the
future； as far as the eye can reach。 The interest of the public；
viewed in this far…sighted manner； is the end to which all the rest
must be subordinate； and for which a constitution provides。 A
constitution； whether oligarchic； monarchist； or aristocratic； is
simply an instrument； good if it attains this end； and bad if it
does not attain it； and which； to attain it； must； like every
species of mechanism； vary according to the ground； materials； and
circumstances。 The most ingenious is illegitimate if it dissolves
the State； while the clumsiest is legitimate if it keeps the State
intact。 There is none that springs out of an anterior； universal；
and absolute right。 According to the people； the epoch； and the
degree of civilization； according to the outer or inner condition of
things； all civil or political equality or inequality may； in turn；
be or cease to be beneficial or hurtful； and therefore justify the
legislator in removing or preserving it。 It is according to this
superior and salutary law； and not according to an imaginary and
impossible contract； that he is to organize； limit； delegate and
distribute from the center to the extremities； through inheritance
or through election； through equalization or through privilege； the
rights of the citizen and the power of the community。
III。
The estates of a society。 … Political aptitude of the aristocracy。
… Its disposition in 1789。 … Special services which it might have
rendered。 … The principle of the Assembly as to original equality。
… Rejection of an Upper Chamber。 … The feudal rights of the
aristocracy。 … How far and why they were worthy of respect。 … How
they should have been transformed。 … Principle of the Assembly as
to original liberty。 … Distinction established by it in feudal
dues； application of its principle。 … The lacunae of its law。 …
Difficulties of redemption。 … Actual abolition of all feudal liens。
… Abolition of titles and territorial names。 … Growing prejudice
against the aristocracy。 … Its persecutions。 … The emigration。 …
Was it necessary to begin by making a clean sweep； and was it
advisable to abolish or only to reform the various orders and
corporations？ Two prominent orders； the clergy and the nobles；
enlarged by the ennobled plebeians who had grown wealthy and
acquired titled estates； formed a privileged aristocracy side by
side with the Government； whose favors it might receive on the
condition of seeking them assiduously and with due acknowledgment；
privileged on its own domains； and taking advantage there of all
rights belonging to the feudal chieftain without performing his
duties。 This abuse was evidently an enormous one and had to be
ended。 But； it did not follow that； because the position of the
privileged class on their domains and in connection with the
Government was open to abuse； they should be deprived of protection
for person and property on their domains； and of influence and
occupation under the Government。 A favored aristocracy； when it
is unoccupied and renders none of the services which its rank admits
of； when it monopolizes all honors； offices； promotions；
preferences； and pensions；＇12＇ to the detriment of others not less
needy and deserving； is undoubtedly a serious evil。 But when an
aristocracy is subject to the common law； when it is occupied；
especially when its occupation is in conformity with its aptitudes；
and more particularly when it is available for the formation of an
upper elective chamber or an hereditary peerage； it is a vast
service。 In any case it cannot be irreversibly suppressed； for；
although it may be abolished by law； it is reconstituted by facts。
The legislator must necessarily choose between two systems； that
which lets it lie fallow； or that which enables it to be productive；
that which drives it away from； or that which rallies it round； the
public service。 In every society which has lived for any length of
time； a nucleus of families always exists whose fortunes and
importance are of ancient date。 Even when； as in France in 1789；
this class seems to be exclusive； each half century introduces into
it new families； judges； governors； rich businessmen or bankers who
have risen to the tope of the social ladder through the wealth they
have acquired or through the important offices they have filled； and
here； in the medium