第 50 节
作者:开了      更新:2021-02-18 23:01      字数:9319
  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 Church; that is to say; to the