Chapter 28

Writers, especially when they act in a body and with one direction, have great influence on the public mind; the alliance, therefore, of these writers with the moneyed interest[99] had no small effect in removing the popular odium and envy which attended that species of wealth. These writers, like the propagators of all novelties, pretended to a great zeal for the poor and the lower orders, whilst in their satires they rendered hateful, by every exaggeration, the faults of courts, of nobility, and of priesthood. They became a sort of demagogues. They served as a link to unite, in favor of one object, obnoxious wealth to restless and desperate poverty.

As these two kinds of men appear principal leaders in all the late transactions, their junction and politics will serve to account, not upon any principles of law or of policy, but as a _cause_, for the general fury with which all the landed property of ecclesiastical corporations has been attacked, and the great care which, contrary to their pretended principles, has been taken of a moneyed interest originating from the authority of the crown. All the envy against wealth and power was artificially directed against other descriptions of riches. On what other principle than that which I have stated can we account for an appearance so extraordinary and unnatural as that of the ecclesiastical possessions, which had stood so many successions of ages and shocks of civil violences, and were guarded at once by justice and by prejudice, being applied to the payment of debts comparatively recent, invidious, and contracted by a decried and subverted government?

Was the public estate a sufficient stake for the public debts? Assume that it was not, and that a loss _must_ be incurred somewhere. When the only estate lawfully possessed, and which the contracting parties had in contemplation at the time in which their bargain was made, happens to fail, who, according to the principles of natural and legal equity, ought to be the sufferer? Certainly it ought to be either the party who trusted, or the party who persuaded him to trust, or both; and not third parties who had no concern with the transaction. Upon any insolvency, they ought to suffer who were weak enough to lend upon bad security, or they who fraudulently held out a security that was not valid. Laws are acquainted with no other rules of decision. But by the new institute of the rights of men, the only persons who in equity ought to suffer are the only persons who are to be saved harmless: those are to answer the debt who neither were lenders nor borrowers, mortgagers nor mortgagees.

What had the clergy to do with these transactions? What had they to do with any public engagement further than the extent of their own debt? To that, to be sure, their estates were bound to the last acre. Nothing can lead more to the true spirit of the Assembly, which sits for public confiscation with its new equity and its new morality, than an attention to their proceeding with regard to this debt of the clergy. The body of confiscators, true to that moneyed interest for which they were false to every other, have found the clergy competent to incur a legal debt. Of course they declared them legally entitled to the property which their power of incurring the debt and mortgaging the estate implied: recognizing the rights of those persecuted citizens in the very act in which they were thus grossly violated.

If, as I said, any persons are to mate good deficiencies to the public creditor, besides the public at large, they must be those who managed the agreement. Why, therefore, are not the estates of all the comptrollers-general confiscated?[100] Why not those of the long succession of ministers, financiers, and bankers who have been enriched whilst the nation was impoverished by their dealings and their counsels? Why is not the estate of M. Laborde declared forfeited rather than of the Archbishop of Paris, who has had nothing to do in the creation or in the jobbing of the public funds? Or, if you must confiscate old landed estates in favor of the money-jobbers, why is the penalty confined to one description? I do not know whether the expenses of the Duke de Choiseul have left anything of the infinite sums which he had derived from the bounty of his master, during the transactions of a reign which contributed largely, by every species of prodigality in war and peace, to the present debt of France. If any such remains, why is not this confiscated? I remember to have been in Paris during the time of the old government. I was there just after the Duke d'Aiguillon had been snatched (as it was generally thought) from the block by the hand of a protecting despotism. He was a minister, and had some concern in the affairs of that prodigal period. Why do I not see his estate delivered up to the municipalities in which it is situated? The noble family of Noailles have long been servants (meritorious servants I admit) to the crown of France, and have had of course some share in its bounties. Why do I hear nothing of the application of their estates to the public debt? Why is the estate of the Duke de Rochefoucault more sacred than that of the Cardinal de Rochefoucault? The former is, I doubt not, a worthy person; and (if it were not a sort of profaneness to talk of the use, as affecting the title to property) he makes a good use of his revenues; but it is no disrespect to him to say, what authentic information well warrants me in saying, that the use made of a property equally valid, by his brother,[101] the Cardinal Archbishop of Rouen, was far more laudable and far more public-spirited. Can one hear of the proscription of such persons, and the confiscation of their effects, without indignation, and horror? He is not a man who does not feel such emotions on such occasions. He does not deserve the name of a free man who will not express them.

Few barbarous conquerors have ever made so terrible a revolution in property. None of the heads of the Roman factions, when they established _crudelem illam hastam_ in all their auctions of rapine, have ever set up to sale the goods of the conquered citizen to such an enormous amount. It must be allowed in favor of those tyrants of antiquity, that what was done by them could hardly be said to be done in cold blood. Their passions were inflamed, their tempers soured, their understandings confused with the spirit of revenge, with the innumerable reciprocated and recent inflictions and retaliations of blood and rapine. They were driven beyond all bounds of moderation by the apprehension of the return of power with the return of property to the families of those they had injured beyond all hope of forgiveness.

These Roman confiscators, who were yet only in the elements of tyranny, and were not instructed in the rights of men to exercise all sorts of cruelties on each other without provocation, thought it necessary to spread a sort of color over their injustice. They considered the vanquished party as composed of traitors, who had borne arms, or otherwise had acted with hostility, against the commonwealth. They regarded them as persons who had forfeited their property by their crimes. With you, in your improved state of the human mind, there was no such formality. You seized upon five millions sterling of annual rent, and turned forty or fifty thousand human creatures out of their houses, because "such was your pleasure." The tyrant Harry the Eighth of England, as he was not better enlightened than the Roman Mariuses and Syllas, and had not studied in your new schools, did not know what an effectual instrument of despotism was to be found in that grand magazine of offensive weapons, the rights of men. When he resolved to rob the abbeys, as the club of the Jacobins have robbed all the ecclesiastics, he began by setting on foot a commission to examine into the crimes and abuses which prevailed in those communities. As it might be expected, his commission reported truths, exaggerations, and falsehoods. But truly or falsely, it reported abuses and offences. However, as abuses might be corrected, as every crime of persons does not infer a forfeiture with regard to communities, and as property, in that dark age, was not discovered to be a creature of prejudice, all those abuses (and there were enough of them) were hardly thought sufficient ground for such a confiscation as it was for his purposes to make. He therefore procured the formal surrender of these estates. All these operose proceedings were adopted by one of the most decided tyrants in the rolls of history, as necessary preliminaries, before he could venture, by bribing the members of his two servile Houses with a share of the spoil, and holding out to them an eternal immunity from taxation, to demand a confirmation of his iniquitous proceedings by an act of Parliament. Had fate reserved him to our times, four technical terms would have done his business, and saved him all this trouble; he needed nothing more than one short form of incantation:--"_Philosophy, Light, Liberality, the Rights of Men_."

I can say nothing in praise of those acts of tyranny, which no voice has hitherto ever commended under any of their false colors; yet in these false colors an homage was paid by despotism to justice. The power which was above all fear and all remorse was not set above all shame. Whilst shame keeps its watch, virtue is not wholly extinguished in the heart, nor will moderation be utterly exiled from the minds of tyrants.

I believe every honest man sympathizes in his reflections with our political poet on that occasion, and will pray to avert the omen, whenever these acts of rapacious despotism present themselves to his view or his imagination:--

"May no such storm Fall on our times, where rain must reform! Tell me, my Muse, what monstrous, dire offence, What crime could any Christian king incense To such a rage? Was't luxury, or lust Was _he_ so temperate, so chaste, so just? Were these their crimes? They were his own much more: But wealth is crime enough to him that's poor."[102]

This same wealth, which is at all times treason and _lèze-nation_ to indigent and rapacious despotism, under all modes of polity, was your temptation to violate property, law, and religion, united in one object. But was the state of France so wretched and undone, that no other resource but rapine remained to preserve its existence? On this point I wish to receive some information. When the States met, was the condition of the finances of France such, that, after economizing, on principles of justice and mercy, through all departments, no fair repartition of burdens upon all the orders could possibly restore them? If such an equal imposition would have been sufficient, you well know it might easily have been made. M. Necker, in the budget which he laid before the orders assembled at Versailles, made a detailed exposition of the state of the French nation.[103]

If we give credit to him, it was not necessary to have recourse to any new impositions whatsoever, to put the receipts of France on a balance with its expenses. He stated the permanent charges of all descriptions, including the interest of a new loan of four hundred millions, at 531,444,000 livres; the fixed revenue at 475,294,000: making the deficiency 56,150,000, or short of 2,200,000 _l._ sterling. But to balance it, he brought forward savings and improvements of revenue (considered as entirely certain) to rather more than the amount of that deficiency; and he concludes with these emphatical words (p. 39):--"Quel pays, Messieurs, que celui, où, _sans impôts_ et avec de simples objets _inaperçus_, on peut faire disparoître un déficit qui a fait tant de bruit en Europe!" As to the reimbursement, the sinking of debt, and the other great objects of public credit and political arrangement indicated in Monsieur Necker's speech, no doubt could be entertained but that a very moderate and proportioned assessment on the citizens without distinction would have provided for all of them to the fullest extent of their demand.

If this representation of M. Necker was false, then the Assembly are in the highest degree culpable for having forced the king to accept as his minister, and, since the king's deposition, for having employed as _their_ minister, a man who had been capable of abusing so notoriously the confidence of his master and their own: in a matter, too, of the highest moment, and directly appertaining to his particular office. But if the representation was exact, (as, having always, along with you, conceived a high degree of respect for M. Necker, I make no doubt it was,) then what can be said in favor of those who, instead of moderate, reasonable, and general contribution, have in cold blood, and impelled by no necessity, had recourse to a partial and cruel confiscation?

Was that contribution refused on a pretext of privilege, either on the part of the clergy, or on that of the nobility? No, certainly. As to the clergy, they even ran before the wishes of the third order. Previous to the meeting of the States, they had in all their instructions expressly directed their deputies to renounce every immunity which put them upon a footing distinct from the condition of their fellow-subjects. In this renunciation the clergy were even more explicit than the nobility.

But let us suppose that the deficiency had remained at the fifty-six millions, (or 2,200,000 _l._ sterling,) as at first stated by M. Necker. Let us allow that all the resources he opposed to that deficiency were impudent and groundless fictions, and that the Assembly (or their lords of articles[104] at the Jacobins) were from thence justified in laying the whole burden of that deficiency on the clergy,--yet allowing all this, a necessity of 2,200,000 _l._ sterling will not support a confiscation to the amount of five millions. The imposition of 2,200,000 _l._ on the clergy, as partial, would have been oppressive and unjust, but it would not have been altogether ruinous to those on whom it was imposed; and therefore it would not have answered the real purpose of the managers.

Perhaps persons unacquainted with the state of France, on hearing the clergy and the noblesse were privileged in point of taxation, may be led to imagine, that, previous to the Revolution, these bodies had contributed nothing to the state. This is a great mistake. They certainly did not contribute equally with each other, nor either of them equally with the commons. They both, however, contributed largely. Neither nobility nor clergy enjoyed any exemption from the excise on consumable commodities, from duties of custom, or from any of the other numerous _indirect_ impositions, which in France, as well as here, make so very large a proportion of all payments to the public. The noblesse paid the capitation. They paid also a land-tax, called the twentieth penny, to the height sometimes of three, sometimes of four shillings in the pound: both of them _direct_ impositions, of no light nature, and no trivial produce. The clergy of the provinces annexed by conquest to France (which in extent make about an eighth part of the whole, but in wealth a much larger proportion) paid likewise to the capitation and the twentieth penny, at the rate paid by the nobility. The clergy in the old provinces did not pay the capitation; but they had redeemed themselves at the expense of about twenty-four millions, or a little more than a million sterling. They were exempted from the twentieths: but then they made free gifts; they contracted debts for the state; and they were subject to some other charges, the whole computed at about a thirteenth part of their clear income. They ought to have paid annually about forty thousand pounds more, to put them on a par with the contribution of the nobility.

When the terrors of this tremendous proscription hung over the clergy, they made an offer of a contribution, through the Archbishop of Aix, which, for its extravagance, ought not to have been accepted. But it was evidently and obviously more advantageous to the public creditor than anything which could rationally be promised by the confiscation. Why was it not accepted? The reason is plain:--There was no desire that the Church should be brought to serve the State. The service of the State was made a pretext to destroy the Church. In their way to the destruction of the Church they would not scruple to destroy their country: and they have destroyed it. One great end in the project would have been defeated, if the plan of extortion had been adopted in lieu of the scheme of confiscation. The new landed interest connected with the new republic, and connected with it for its very being, could not have been created. This was among the reasons why that extravagant ransom was not accepted.

The madness of the project of confiscation, on the plan that was first pretended, soon became apparent. To bring this unwieldy mass of landed property, enlarged by the confiscation of all the vast landed domain of the crown, at once into market was obviously to defeat the profits proposed by the confiscation, by depreciating the value of those lands, and indeed of all the landed estates throughout France. Such a sudden diversion of all its circulating money from trade to land must be an additional mischief. What step was taken? Did the Assembly, on becoming sensible of the inevitable ill effects of their projected sale, revert to the offers of the clergy? No distress could oblige them to travel in a course which was disgraced by any appearance of justice. Giving over all hopes from a general immediate sale, another project seems to have succeeded. They proposed to take stock in exchange for the Church lands. In that project great difficulties arose in equalizing the objects to be exchanged. Other obstacles also presented themselves, which threw them back again upon some project of sale. The municipalities had taken an alarm. They would not hear of transferring the whole plunder of the kingdom to the stockholders in Paris. Many of those municipalities had been (upon system) reduced to the most deplorable indigence. Money was nowhere to be seen. They were therefore led to the point that was so ardently desired. They panted for a currency of any kind which might revive their perishing industry. The municipalities were, then, to be admitted to a share in the spoil, which evidently rendered the first scheme (if ever it had been seriously entertained) altogether impracticable. Public exigencies pressed upon all sides. The Minister of Finance reiterated his call for supply with, a most urgent, anxious, and boding voice. Thus pressed on all sides, instead of the first plan of converting their bankers into bishops and abbots, instead of paying the old debt, they contracted a new debt, at three per cent, creating a new paper currency, founded on an eventual sale of the Church lands. They issued this paper currency to satisfy in the first instance chiefly the demands made upon them by the _bank of discount_, the great machine or paper-mill of their fictitious wealth.

The spoil of the Church was now become the only resource of all their operations in finance, the vital principle of all their politics, the sole security for the existence of their power. It was necessary, by all, even the most violent means, to put every individual on the same bottom, and to bind the nation in one guilty interest to uphold this act, and the authority of those by whom it was done. In order to force the most reluctant into a participation of their pillage, they rendered their paper circulation compulsory in all payments. Those who consider the general tendency of their schemes to this one object as a centre, and a centre from which afterwards all their measures radiate, will not think that I dwell too long upon this part of the proceedings of the National Assembly.

To cut off all appearance of connection between the crown and public justice, and to bring the whole under implicit obedience to the dictators in Paris, the old independent judicature of the Parliaments, with all its merits and all its faults, was wholly abolished. Whilst the Parliaments existed, it was evident that the people might some time or other come to resort to them, and rally under the standard of their ancient laws. It became, however, a matter of consideration, that the magistrates and officers in the courts now abolished _had purchased their places_ at a very high rate, for which, as well as for the duty they performed, they received but a very low return of interest. Simple confiscation is a boon only for the clergy: to the lawyers some appearances of equity are to be observed; and they are to receive compensation to an immense amount. Their compensation becomes part of the national debt, for the liquidation of which there is the one exhaustless fund. The lawyers are to obtain their compensation in the new Church paper, which is to march with the new principles of judicature and legislature. The dismissed magistrates are to take their share of martyrdom with the ecclesiastics, or to receive their own property from such a fund and in such a manner as all those who have been seasoned with the ancient principles of jurisprudence, and had been the sworn guardians of property, must look upon with horror. Even the clergy are to receive their miserable allowance out of the depreciated paper, which is stamped with the indelible character of sacrilege, and with the symbols of their own ruin, or they must starve. So violent an outrage upon credit, property, and liberty, as this compulsory paper currency, has seldom been exhibited by the alliance of bankruptcy and tyranny, at any time, or in any nation.

In the course of all these operations, at length comes out the grand _arcanum_,--that in reality, and in a fair sense, the lands of the Church (so far as anything certain can be gathered from their proceedings) are not to be sold at all. By the late resolutions of the National Assembly, they are, indeed, to be delivered to the highest bidder. But it is to be observed, that _a certain portion only of the purchase-money is to be laid down_. A period of twelve years is to be given for the payment of the rest. The philosophic purchasers are therefore, on payment of a sort of fine, to be put instantly into possession of the estate. It becomes in some respects a sort of gift to them,--to be held on the feudal tenure of zeal to the new establishment. This project is evidently to let in a body of purchasers without money. The consequence will be, that these purchasers, or rather grantees, will pay, not only from the rents as they accrue, which might as well be received by the state, but from the spoil of the materials of buildings, from waste in woods, and from whatever money, by hands habituated to the gripings of usury, they can wring from the miserable peasant. He is to be delivered over to the mercenary and arbitrary discretion of men who will be stimulated to every species of extortion by the growing demands on the growing profits of an estate held under the precarious settlement of a new political system.