《the origins of contemporary france-2》

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the origins of contemporary france-2- 第45部分


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bringing up fifty boarders; another; at Beaulieu; instructs one

hundred; another; in Franche…Comté; has charge of eight hundred

abandoned children。'46'   Evidently; in the presence of such

institutions one must pause; however。  little one may care for

justice and the public interest; and; moreover; because it is

useless to act rigorously against them the legislator crushes them

in vain; for they spring up again of their own accord; they are in

the blood of every Catholic nation。  In France; instead of thirty…

seven thousand nuns; at the present day (1866) there are eighty…six

thousand…that is to say; forty…five in every ten thousand women

instead of twenty…eight。'47'



In any case; if the State deprives them of their property; along

with that of other ecclesiastical bodies; it is not the State that

ought to claim the spoil。    The State is not their heir; and

their land; furniture; and rentals are in their very nature devoted

to a special purpose; although they have no designated proprietor。

This treasure; which consists of the accumulations of fourteen

centuries; has been formed; increased; and preserved; in view of a

certain object。  The millions of generous; repentant; or devout

souls who have made a gift of it; or have managed it; did so with a

certain intention。  It was their desire to ensure education;

beneficence; and religion; and nothing else。  Their legitimate

intentions should not be frustrated: the dead have rights in society

as well as the living; for it is the dead who have made the society

which the living enjoy; and we receive their heritage only on the

condition of executing their testamentary act。    Should this be

of ancient date; it is undoubtedly necessary to make a liberal

interpretation of it; to supplement its scanty provisions; and to

take new circumstances into consideration。  The requirements for

which it provided have often disappeared; for instance; after the

destruction of the Barbary pirates; there were no more Christians to

be ransomed; and only by transferring an endowment can it be

perpetuated。    But if; in the original institution; several

accessory and special clauses have become antiquated; there remains

the one important; general intention; which manifestly continues

imperative and permanent; that of providing for a distinct service;

either of charity; of worship; or of instruction。  Let the

administrators be changed; if necessary; also the apportionment of

the legacy bequeathed; but do not divert any of it to services of an

alien character; it is inapplicable to any but that purpose or to

others strictly analogous。  The four milliards of investment in real

property; the two hundred millions of ecclesiastical income; form

for it an express and special endowment。  This is not a pile of gold

abandoned on the highway; which the exchequer can appropriate or

assign to those who live by the roadside。  Authentic titles to it

exist; which; declaring its origin; fix its destination; and your

business is simply to see that it reaches its destination。  Such was

the principle under the ancient régime; in spite of grave abuses;

and under forced exactions。  When the ecclesiastical commission

suppressed an ecclesiastical order; it was not for the purpose of

making its possessions over to the public treasury; but to apply

these to seminaries; schools; and hospitals。  In 1789; the revenues

of Saint…Denis supported Saint…Cyr; those of Saint Germain went to

the Economats; and the Government; although absolute and needy; was

sufficiently honest to adjust that confiscation was robbery。  The

greater our power; the greater the obligation to be just; and

honesty always proves in the end to be the best policy。    It is;

therefore; both just and useful that the Church; as in England and

in America; that superior education; as in England and in Germany;

that special instruction; as in America; and that diverse endowments

for public assistance and utility; should be unreservedly secured in

the maintenance of their heritage。  The State; as testamentary

executor of this inheritance; strangely abuses its mandate when it

pockets the bequest in order to choke the deficit of its own

treasury; risking it in bad speculations; and swallowing it up in

its own bankruptcy; until of this vast treasure; which has been

heaped up for generations for the benefit of children; the infirm;

the sick and the poor; not enough is left to pay the salary of a

school…mistress; the wages of a parish nurse; or for a bowl of broth

in a hospital。'48'



The Assembly remains deaf to all these arguments; and that which

makes its refuse to listen is not financial distress。    The

Archbishop of Aix; M。  de Boisjelin; offered; in the name of the

clergy; to liquidate at once the debt of three hundred millions;

which was urgent; by a mortgage…loan of four hundred millions on the

ecclesiastical property; which was a very good expedient; for at

this time the credit of the clergy is the only substantial one。  It

generally borrows at less than five per cent。; and more money has

always been offered to it than it wanted; whilst the State borrows

at ten per cent。; and; at this moment; there are no lenders。  

But; to our new revolutionary statesmen; the cost…benefit of a

service is of much less consequence than the application of a

principle。  In conformity with the Social Contract they establish

the maxim that in the State there is no need of corporate bodies:

they acknowledge nothing but; on the one hand; the State; the

depositary of all public powers; and; on the other hand; a myriad of

solitary individuals。  Special associations; specific groups;

collateral corporations are not wanted; even to fulfill functions

which the State is incapable of fulfilling。  〃As soon as one enters

a corporation;〃 says and orator; 〃one must love it as one loves a

family;〃'49' whereas the affections and obedience are all to be

monopolized by the State。  Moreover; on entering into an order a man

receives special aid and comfort from it; and whatever distinguishes

one man from another; is opposed to civil equality。  Hence; if men

are to remain equal and become citizens they must be deprived of

every rallying point that might compete with that of the State; and

give to some an advantage over others。  All natural or acquired

ties; consequently; which bound men together through geographical

position; through climate; history; pursuits; and trade; are

sundered。  The old provinces; the old provincial governments; the

old municipal administrations; parliaments; guilds and masterships;

all are suppressed。 The groups which spring up most naturally; those

which arise through a community of interests; are all dispersed; and

the broadest; most express; and most positive interdictions are

promulgated against their revival under any pretext whatever。'50'

France is cut up into geometrical sections like a chess…board; and;

within these improvised limits; which are destined for a long time

to remain artificial; nothing is allowed to subsist but isolated

individuals in juxtaposition。  There is no desire to spare organized

bodies where the cohesion is great; and least of all that of the

clergy。

   〃Special associations;〃 says Mirabeau;'51' 〃in the community at

large; break up the unity of its principles and destroy the

equilibrium of its forces。  Large political bodies in a State are

dangerous through the strength which results from their coalition

and the resistance which is born out of their interests。〃 ii 

That of the clergy; besides; is inherently bad;'52' because 〃its

system is in constant antagonism to the rights of man。〃 An

institution in which a vow of obedience is necessary is

〃incompatible〃 with the constitution。  Congregations 〃subject to

independent chiefs are out of the social pale and incompatible with

public spirit。〃 As to the right of society over these; and also over

the Church; this is not doubtful。  〃 Corporate bodies exist only

through society; and; in destroying them; society merely takes back

the life she has imparted to them。〃 〃They are simply instruments

fabricated by the law。'53'  What does the workman do when the tool

he works with no longer suits him? He breaks or alters it。〃   This

primary sophism being admitted the conclusion is plain。  Since

corporate bodies are abolished they no longer exist; and since they

no longer exist; they cannot again become proprietors。



 〃Your aim was to destroy ecclesiastical orders;'54' because their

destruction was essential to the safety of the State。  If the clergy

preserve their property; the clerical order is not destroyed: you

necessarily leave it the right of assembling; you sanction its

independence。〃 In no case must ecclesiastics hold possessions。  〃If

they are proprietors they are independent; and if they are

independent they will associate this independence with the exercise

of their functions。〃 The clergy; cost what it will; must be in the

hands of the State; as simple functionaries and supported by its

subsidies。  It would be too dangerous for a nation ;〃to admit in its

bosom as proprietors a large body of men to whom so many sources of

credit already give so great power。  As religion is the property of

all; its ministers; through this fact alone; should be in the pay of

the nation;〃 they are essentially 〃officers of morality and

instruction;〃 and 〃salaried〃 like judges and professors。  Let us

fetch them back to this condition of things; which is the only one

compatible with the rights of man; and ordain that 〃 the clergy; as

well as all corporations and bodies with power of inheritance; are

now; and shall be for ever incapable of holding any personal or

landed estate。〃'55'



Who; now; is the legitimate heir of all these vacated possessions?

Through another sophism; the State; at once judge and party in the

cause; assigns them to the State:



 〃The founders presented them to the Ch
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