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,[2218] "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.
Public-domain text, read in full here on John Shaqi.
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