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the sum of ￡20；000；000。 … But that is not sufficient： when； in
the suppression of feudal rights； the legislator's thoughts are
taken up with the creditors； he has only half performed his task；
there are two sides to the question； and he must likewise think of
the debtors。 If he is not merely a lover of abstractions and of
fine phrases； if that which interests him is men and not words； if
he is bent upon the effective enfranchisement of the cultivator of
the soil； he will not rest content with proclaiming a principle；
with permitting the redemption of rents； with fixing the rate of
redemption； and； in case of dispute； with sending parties before the
tribunals。 He will reflect that the peasantry； jointly responsible
for the same debt will find difficulty in agreeing among themselves；
that they are afraid of litigation； that； being ignorant； they will
not know how to set about it； that； being poor； they will be unable
to pay； and that； under the weight of discord； distrust； indigence；
and inertia； the new law will remain a dead letter； and only
exasperate their cupidity or kindle their resentment。 In
anticipation of this disorder the legislator will come to their
assistance ； he will interpose commissions of arbitration between
them and the lord of the manor； he will substitute a scale of
annuities for a full and immediate redemption； he will lend them the
capital which they cannot borrow elsewhere； he will establish a
bank； rights； and a mode of procedure； in short； as in Savoy in
1771； in England in 1845；＇19＇ and in Russia in 1861； he will relieve
the poor without despoiling the rich； he will establish liberty
without violating the rights of property； he will conciliate
interests and classes； he will not let loose a brutal peasant revolt
（Jacquerie） to enforce unjust confiscation； and he will terminate
the social conflict not with strife but with peace。
It is just the reverse in 1789 In conformity with the doctrine of
the social contract； the principle is set up that every man is born
free； and that his freedom has always been inalienable。 If he
formerly submitted to slavery or to serfdom； it was owing to his
having had a knife at his throat； a contract of this sort is
essentially null and void。 So much the worse for those who have the
benefit of it at the present day； they are holders of stolen
property； and must restore it to the legitimate owners。 Let no one
object that this property was acquired for cash down； and in good
faith； they ought to have known beforehand that man and his liberty
are not commercial matters； and that unjust acquisitions rightly
perish in their hands。＇20＇ Nobody dreams that the State which was a
party to this transaction is the responsible guarantor。 Only one
scruple affects the Assembly ； its jurists and Merlin； its reporter；
are obliged to yield to proof； they know that in current practice；
and by innumerable ancient and modern titles； the noble in many
cases is nothing but an ordinary lessor； and that if； in those
cases； he collects his dues； it is simply in his capacity as a
private person； by virtue of a mutual contract； because he has given
a perpetual lease of a certain portion of his land； and he has given
it only in consideration of an annual payment in money or produce；
or services； together with another contingent claim which the farmer
pays in case of the transmission of the lease。 These two
obligations could not be canceled without indemnity； if it were
done； more than one…half of the proprietors in France would be
dispossessed in favor of the farmers。 Hence the distinction which
the Assembly makes in the feudal dues。 On the one hand it
abolishes without indemnity all those dues which the noble receives
by virtue of being the local sovereign； the ancient proprietor of
persons and the usurper of public。 powers； all those which the
lessee paid as serf； subject to rights of inheritance； and as former
vassal or dependent。 On the other hand； it maintains and decrees as
redeemable at a certain rate all those which the noble receives
through his title of landed proprietor and of simple lessor； all
those which the lessee pays by virtue of being a free contracting
party； former purchaser； tenant； farmer or grantee of landed estate。
By this division it fancies that it has respected lawful
ownership by overthrowing illegitimate property； and that in the
feudal scheme of obligations； it has separated the wheat from the
chaff。＇21＇
But； through the principle； the drawing up and the omissions of its
law； it condemns both to a common destruction； the fire on which it
has thrown the chaff necessarily burns up the wheat。 Both are
in fact bound up together in the same sheaf。 If the noble formerly
brought men under subjection by the sword； it is also by the sword
that he formerly acquired possession of the soil。 If the subjection
of persons is invalid on account of the original stain of violence；
the usurpation of the soil is invalid for the same reason。 And if
the sanction and guarantee of the State could not justify the first
act of brigandage； they could not justify the second； and； since the
rights which are derived from unjust sovereignty are abolished
without indemnity； the rights which are derived from unjust
proprietorship should be likewise abolished without compensation。 …
… The Assembly； with remarkable imprudence； had declared in the
preamble to its law that 〃it abolished the feudal system entirely；〃
and； whatever its ulterior reservations might be； the fiat has gone
forth。 The forty thousand sovereign municipalities to which the
text of the decree is read pay attention only to the first article；
and the village attorney； imbued with the rights of man； easily
proves to these assemblies of debtors that they owe nothing to their
creditors。 There must be no exceptions nor distinctions： no more
annual rents； field…rents； dues on produce； nor contingent rents；
nor lord's dues and fines； or fifths。＇22＇ If these have been
maintained by the Assembly； it is owing to misunderstanding；
timidity； inconsistency； and on all sides； in the rural districts；
the grumbling of disappointed greed or of unsatisfied necessities is
heard：＇23＇
〃You thought that you were destroying feudalism； while your
redemption laws have done just the contrary。 。 。 。 Are you not
aware that what was called a Seigneur was simply an unpunished
usurper？ 。 。 That detestable decree of 1790 is the ruin of lease…
holders。 It has thrown the villages into a state of consternation。
The nobles reap all the advantage of it。 。 Never will redemption
be possible。 Redemption of unreal claims！ Redemption of dues that
are detestable！〃
In vain the Assembly insists； specifies and explains by examples and
by detailed instructions the mode of procedure and the conditions of
redemption。 Neither the procedure nor its conditions are
practicable。 It has made no provisions for facilita