第 43 节
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开了 更新:2021-02-18 23:01 字数:9322
indistinguishable; detached monads which the philosophers insist on
substituting for them。 Their association need not be created; for
it already exists; for eight centuries they have a 〃common weal 〃
(la chose publique)。 The safety and prosperity of this common weal
is at once their interest; their need; their duty; and even their
most secret wish。 If it is possible to speak here of a contract;
their quasi…contract is made and settled for them beforehand。 The
first article; at all events; is stipulated for; and this overrides
all the others。 The nation must not be dissolved。 Public
authorities must; accordingly; exist; and these must be respected。
If there are a number of these; they must be so defined and so
balanced as to be of mutual assistance; instead of neutralizing each
other by their opposition。 Whatever government is adopted; it must
place matters in the hands best qualified to conduct them。 The law
must not exist for the advantage of the minority; nor for that of
the majority; but for the entire community。 In regard to this
first article no one must derogate from it; neither the minority nor
the majority; neither the Assembly elected by the nation; nor the
nation itself; even if unanimous。 It has no right arbitrarily to
dispose of the common weal; to put it in peril according to its
caprice; to subordinate it to the application of a theory or to the
interest of a single class; even if this class is the most numerous。
For; that which is the common weal does not belong to it; but to the
whole community; past; present; and to come。 Each generation is
simply the temporary manager and responsible trustee of a precious
and glorious patrimony which it has received from the former
generation; and which it has to transmit to the one that comes after
it。 In this perpetual endowment; to which all Frenchmen from the
first days of France have brought their offerings; there is no doubt
about the intentions of countless benefactors; they have made their
gifts conditionally; that is; on the condition that the endowment
should remain intact; and that each successive beneficiary should
merely serve as the administrator of it。 Should any of the
beneficiaries; through presumption or levity; through rashness or
one…sidedness; compromise the charge entrusted to them; they wrong
all their predecessors whose sacrifices they invalidate; and all
their successors whose hopes they frustrate。 Accordingly; before
undertaking to frame a constitution; let the whole community be
considered in its entirety; not merely in the present but in the
future; as far as the eye can reach。 The interest of the public;
viewed in this far…sighted manner; is the end to which all the rest
must be subordinate; and for which a constitution provides。 A
constitution; whether oligarchic; monarchist; or aristocratic; is
simply an instrument; good if it attains this end; and bad if it
does not attain it; and which; to attain it; must; like every
species of mechanism; vary according to the ground; materials; and
circumstances。 The most ingenious is illegitimate if it dissolves
the State; while the clumsiest is legitimate if it keeps the State
intact。 There is none that springs out of an anterior; universal;
and absolute right。 According to the people; the epoch; and the
degree of civilization; according to the outer or inner condition of
things; all civil or political equality or inequality may; in turn;
be or cease to be beneficial or hurtful; and therefore justify the
legislator in removing or preserving it。 It is according to this
superior and salutary law; and not according to an imaginary and
impossible contract; that he is to organize; limit; delegate and
distribute from the center to the extremities; through inheritance
or through election; through equalization or through privilege; the
rights of the citizen and the power of the community。
III。
The estates of a society。 … Political aptitude of the aristocracy。
… Its disposition in 1789。 … Special services which it might have
rendered。 … The principle of the Assembly as to original equality。
… Rejection of an Upper Chamber。 … The feudal rights of the
aristocracy。 … How far and why they were worthy of respect。 … How
they should have been transformed。 … Principle of the Assembly as
to original liberty。 … Distinction established by it in feudal
dues; application of its principle。 … The lacunae of its law。 …
Difficulties of redemption。 … Actual abolition of all feudal liens。
… Abolition of titles and territorial names。 … Growing prejudice
against the aristocracy。 … Its persecutions。 … The emigration。 …
Was it necessary to begin by making a clean sweep; and was it
advisable to abolish or only to reform the various orders and
corporations? Two prominent orders; the clergy and the nobles;
enlarged by the ennobled plebeians who had grown wealthy and
acquired titled estates; formed a privileged aristocracy side by
side with the Government; whose favors it might receive on the
condition of seeking them assiduously and with due acknowledgment;
privileged on its own domains; and taking advantage there of all
rights belonging to the feudal chieftain without performing his
duties。 This abuse was evidently an enormous one and had to be
ended。 But; it did not follow that; because the position of the
privileged class on their domains and in connection with the
Government was open to abuse; they should be deprived of protection
for person and property on their domains; and of influence and
occupation under the Government。 A favored aristocracy; when it
is unoccupied and renders none of the services which its rank admits
of; when it monopolizes all honors; offices; promotions;
preferences; and pensions;'12' to the detriment of others not less
needy and deserving; is undoubtedly a serious evil。 But when an
aristocracy is subject to the common law; when it is occupied;
especially when its occupation is in conformity with its aptitudes;
and more particularly when it is available for the formation of an
upper elective chamber or an hereditary peerage; it is a vast
service。 In any case it cannot be irreversibly suppressed; for;
although it may be abolished by law; it is reconstituted by facts。
The legislator must necessarily choose between two systems; that
which lets it lie fallow; or that which enables it to be productive;
that which drives it away from; or that which rallies it round; the
public service。 In every society which has lived for any length of
time; a nucleus of families always exists whose fortunes and
importance are of ancient date。 Even when; as in France in 1789;
this class seems to be exclusive; each half century introduces into
it new families; judges; governors; rich businessmen or bankers who
have risen to the tope of the social ladder through the wealth they
have acquired or through the important offices they have filled; and
here; in the medium thus constituted; the statesman and wise
counselor of the people; the independent and able politician is most
naturally developed。 … Because; on the one hand; thanks to his
fortune and his rank; a man of this class is above all vulgar
ambitions and temptations。 He is able to serve gratis; he is not
obliged to concern himself about money or about providing for his
family and making his way in the world。 A political mission is no
interruption to his career; he is not obliged; like the engineer;
merchant; or physician; to sacrifice either his business; his
advancement; or his clients。 He can resign his post without injury
to himself or to those dependent on him; follow his own convictions;
resist the noisy deleterious opinions of the day; and be the loyal
servant; not the low flatterer of the public。 Whilst; consequently;
in the inferior or average conditions of life; the incentive is
self…interest; with him the grand motive is pride。 Now; amongst the
deeper feelings of man there is none which is more adapted for
transformation into probity; patriotism; and conscientiousness; for
the first requisite of the high…spirited man is self…respect; and;
to obtain that; he is induced to deserve it。 Compare; from this
point of view; the gentry and nobility of England with the
〃politicians〃 of the United States。 … On the other hand; with equal
talents; a man who belongs to this sphere of life enjoys
opportunities for acquiring a better comprehension of public affairs
than a poor man of the lower classes。 The information he requires
is not the erudition obtained in libraries and in private study。 He
must be familiar with living men; and; besides these; with
agglomerations of men; and even more with human organizations; with
States; with Governments; with parties; with administrative systems;
at home and abroad; in full operation and on the spot。 There is but
one way to reach this end; and that is to see for himself; with his
own