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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