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disposition； of its application to business； its capacity and even
generosity。 Its mode of studying； discussing； and assigning the
local taxation indicates what it would have done with the general
budget had this been entrusted to it。 It is evident that it would
have protected the general taxpayer as zealously as the taxpayer of
the province； and kept as close an eye upon the public purse at
Paris as on that of Bourges or of Montauban。 Thus were the
materials of a good chamber ready at hand； and the only thing that
had to be done was to convene them。 On having the facts presented
to them； its members would have passed without difficulty from a
hazardous theory to common…sense practice； and the aristocracy which
had enthusiastically given an impetus to reform in its saloons
would； in all probability； have carried it out effectively and with
moderation in the Parliament。
Unhappily； the Assembly is not providing a Constitution for
contemporary Frenchmen； but for abstract beings。 Instead of seeing
classes in society one placed above the other； it simply sees
individuals in juxtaposition； its attention is not fixed on the
advantage of the nation； but on the imaginary rights of man。 As all
men are equal； all must have an equal share in the government。
There must be no orders in a State； no avowed or concealed political
privileges； no constitutional complications or electoral
combinations by which an aristocracy； however liberal and capable；
may put its hands upon any portion of the public power。 On the
contrary； because it was once privileged to enjoy important and
rewarding public employment； the candidacy of the upper classes is
now suspect。 All projects which； directly or indirectly； reserve or
provide a place for it； are refused： At first the Royal Declaration；
which； in conformity with historical precedents； maintained the
three orders in three distinct chambers； and only summoned them to
deliberate together 〃on matters of general utility。〃 Then the plan
of the Constitutional Committee； which proposed a second Chamber；
appointed for life by the King on the nomination of the Provincial
Assemblies。 And finally the project of Mounier who proposed to
confide to these same Assemblies the election of a Senate for six
years； renewed by thirds every two years。 This Senate was to be
composed of men of at least thirty…five years of age； and with an
income in real property of 30；000 livres per annum。 The instinct of
equality is too powerful and a second Chamber is not wanted； even if
accessible to plebeians。 Through it；＇16＇
〃The smaller number would control the greater；〃 。。。 〃we should fall
back on the humiliating distinctions〃 of the ancient regime； 〃we
should revivify the germ of an aristocracy which must be
exterminated。〃。。。。 〃Moreover； whatever recalls or revives feudal
Institutions is bad； and an Upper Chamber is one of its remnants。〃
。。。。〃If the English have one； it is because they have been forced to
make a compromise with prejudice。〃
The National Assembly； sovereign and philosophic； soars above their
errors； their trammel； and their example。 The depository of truth；
it has not to receive lessons from others； but to give them； and to
offer to the world's admiration the first type of a Constitution
which is perfect and in conformity with principle； the most
effective of any in preventing the formation of a governing class；
in closing the way to public business； not only to the old noblesse；
but to the aristocracy of the future； in continuing and exaggerating
the work of absolute monarchy； in preparing for a community of
officials and administrators； in lowering the level of humanity； in
reducing to sloth and brutalizing or blighting the elite of the
families which maintain or raise themselves； and in withering the
most precious of nurseries； that in which the State recruits its
statesmen。＇17＇
Excluded from the Government； the aristocracy is about to retire
into private life。 Let us follow them to their estates： Feudal
rights instituted for a barbarous State are certainly a great draw…
back in a modern State。 If appropriate in an epoch when property
and sovereignty were fused together； when the Government was local；
when life was militant； they form an incongruity at a time when
sovereignty and property are separated； when the Government is
centralized； when the regime is a pacific one。 The bondage which；
in the tenth century； was necessary to re…established security and
agriculture； is； in the eighteenth century； purposeless thralldom
which impoverishes the soil and fetters the peasant。 But； because
these ancient claims are liable to abuse and injurious at the
present day； it does not follow that they never were useful and
legitimate； nor that it is allowable to abolish them without
indemnity On the contrary； for many centuries； and； on the whole； so
long as the lord of the manor resided on his estates this primitive
contract was advantageous to both parties； and to such an extent
that it has led to the modern contract。 Thanks to the pressure of
this tight bandage； the broken fragments of the community can be
again united； and society once more recover its solidity； force； and
activity。 In any event； that the institution； like all human
institutions； took its rise in violence and was corrupted by abuses
is of little consequence； the State； for eight hundred years；
recognized these feudal claims； and； with its own consent and the
concurrence of its Courts； they were transmitted； bequeathed； sold；
mortgaged； and exchanged； like any other species of property。 Only
two or three hundred； at most； now remained in the families of the
original proprietors。 〃The largest portion of the titled estates；〃
says a contemporary；＇18＇ 〃have become the property of capitalists；
merchants； and their descendants； the fiefs； for the most part；
being in the hands of the bourgeois of the towns。〃 All the fiefs
which； during two centuries past； have been bought by new men； now
represent the economy and labor of their purchasers。 Moreover；
whoever the actual holders may be； whether old or whether new men；
the State is under obligation to them； not only by general right
and because； from the beginning； it is in its nature the guardian of
all property； but also by a special right； because it has itself
sanctioned this particular species of property。 The buyers of
yesterday paid their money only under its guarantee； its signature
is affixed to the contract； and it has bound itself to secure to
them the enjoyment of it。 If it prevents them from doing so； let it
make them compensation； in default of the thing promised to them； it
owes them the value of it。 Such is the law in cases of
expropriation for public utility； in 1834； for instance； the
English； for the legal abolition of slavery； paid to their planters
the sum of ￡20；000；000。 … But that is not sufficient： when； in
the suppression of feud