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with his brother and his sister…in…law。'27'
Once on this road; it is impossible to stop; for the principles
which are proclaimed go beyond the decrees which are passed; and a
bad law introduces a worse。 The Constituent Assembly'28' had
supposed that annual dues; like ground…rents; and contingent dues;
like feudal duties (lods et rentes); were the price of an ancient
concession of land; and; consequently; the proof to the contrary is
to be thrown upon the tenant。 The Legislative Assembly is about to
assume that these same rentals are the result of an old feudal
usurpation; and that; consequently; the proof to the contrary must
rest with the proprietor。 His rights cannot be established by
possession from time immemorial; nor by innumerable and regular
acquittances; he must produce the act of enfeoffment which is many
centuries old; the lease which has never; perhaps; been written out;
the primitive title already rare in 1720;'29' and since stolen or
burnt in the recent jacqueries: otherwise he is despoiled without
indemnity。 All feudal claims are swept away by this act without
exception and without compensation。
In a similar manner; the Constituent Assembly; setting common law
aside in relation to inheritances ab intestato; had deprived all
eldest sons and males of any advantages。'30' The Convention;
suppressing the freedom of testamentary bequest; prohibits the
father from disposing of more than one…tenth of his possessions; and
again; going back to the past; it makes its decrees retrospective:
every will opened after the 14th of July; 1789; is declared invalid
if not in conformity with this decree; every succession from the
14th of June; 1789; which is administered after the same date; is
re…divided if the division has not been equal; every donation which
has been made among the heirs after the same date is void。 Not only
is the feudal family destroyed in this way; but it must never be
reformed。 The aristocracy; being once declared a venomous plant; it
is not sufficient to prime it away; but it must be extirpated; not
only dug up by the root; but its seed must be crushed out。 A
malignant prejudice is aroused against it; and this grows from day
to day。 The stings of self…conceit; the disappointments of
ambition; and envious sentiments have prepared the way。 Its hard;
dry kernel consists of the abstract idea of equality。 All around
revolutionary fervor has caused blood to flow; has embittered
tempers; intensified sensibilities; and created a painful abscess
which daily irritation renders still more painful。 Through steadily
brooding over a purely speculative preference this has become a
fixed idea; and is becoming a murderous one。 It is a strange
passion; one wholly of the brains; nourished by magniloquent
phrases; but the more destructive; because phantoms are created out
of words; and against phantoms no reasoning nor actual facts can
prevail。 This or that shopkeeper who; up to this time; had always
formed his idea of nobles from his impressions of the members of the
Parliament of his town or of the gentry of his canton; now pictures
them according to the declamations of the club and the invectives of
the newspapers。 The imaginary figure; in his mind; has gradually
absorbed the living figure: he no longer sees the calm and engaging
countenance; but a grinning and distorted mask。 Kindliness or
indifference is replaced by animosity and distrust; they are
overthrown tyrants; ancient evil…doers; And enemies of the public;
he is satisfied beforehand and without further investigation that
they are hatching plots。 If they avoid being caught; it is owing to
their address and perfidy; and they are only the more dangerous the
more inoffensive they appear。 Their sub…mission is merely a feint;
their resignation hypocrisy; their favorable disposition; treachery。
Against these conspirators who cannot be touched the law is
inadequate; let us stretch it in practice; and as they wince at
equality let us try to make them bow beneath the yoke。
In fact; illegal persecution precedes legal prosecution ; the
privileged person who; by the late decrees; seems merely to be
brought within the pale of the common law; is; in fact; driven
outside of it。 The King; disarmed; is no longer able to protect
him; the partial Assembly repels his complaints ; the committee of
inquiry regards him as a culprit when he is simply oppressed。 His
income; his property; his repose; his freedom; his home; his life;
that of his wife and of his children; are in the hands of an
administration elected by the crowd; directed by clubs; and
threatened or violated by the mob。 He is debarred from the
elections。 The newspapers denounce him。 He undergoes domiciliary
visits。 In hundreds of places his chateau is sacked; the assassins
and incendiaries who depart from it with their hands full and
steeped in blood are not prosecuted; or are shielded by an
amnesty:'31' it is established by innumerable precedents that he may
be run down with impunity。 To prevent him from defending himself;
companies of the National Guard come and seize his arms: he must
become a prey; and an easy prey; like game kept back in its
enclosure for an approaching hunt。 In vain he abstains from
provocation and reduces himself to the standing of a private
individual。 In vain does he patiently endure numerous provocations
and resist only extreme violence。 I have read many hundreds of
investigations in the original manuscripts; and almost always I have
admired the humanity of the nobles; their forbearance; their horror
of bloodshed。 Not only are a great many of them men of courage and
all men of honor; but also; educated in the philosophy of the
eighteenth century; they are mild; sensitive; and deeds of violence
are repugnant to them。 Military officers especially are exemplary;
their great defect being their weakness: rather than fire on the
crowd they surrender the forts under their command; and allow
themselves to be insulted and stoned by the people。 For two
years;'32' 〃exposed to a thousand outrages; to defamation; to daily
peril; persecuted by clubs and misguided soldiers;〃 disobeyed;
menaced; put under arrest by their own men; they remain at their
post to prevent the ranks from being broken up; 〃with stoic
perseverance they put up with contempt of their authority that they
may preserve its semblance; their courage is of that rarest kind
which consists in remaining at the post of duty; impassive beneath
both affronts and blows。 Through a wrong of the greatest
magnitude; an entire class which have no share in the favors of the
Court; and which suffered as many injuries as any of the common
plebeians; is confounded with the titled parasites who besiege the
antechambers of Versailles。 Twenty…five thousand families; 〃the
nursery of the army and the fleet;〃 the elite of the agricultural
proprietors; also many gentlemen who look after and turn to account
t