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of the territory to the other； he had sold innumerable offices；
imposts； dignities； honors； monopolies； exemptions； survivorships；
expectancies … in brief； privileges which； once conferred for a money
consideration； became legal property；＇16＇ often hereditary and
transmissible by the individual or the corporation which had paid for
them。 In this way the King alienated a portion of his royalty for the
benefit of the buyer。 Now； in 1789； he had alienated a great many of
these portions； accordingly； his present authority was everywhere
restricted by the use he had previously made of it。 … Sovereignty；
thus； in his hands had suffered from the double effect of its historic
origins and its historic exercise； the public power had not become； or
had ceased to be； omnipotence。 On the one hand it had not reached its
plenitude； and on the other hand it had deprived itself of a portion
of its own completeness。
The philosophers wished to find a solution for this double weakness；
innate and acquired They had therefore transported sovereignty out of
history into the ideal and abstract world； with an imaginary city of
mankind reduced to the minimum of a human being Here men； infinitely
simplified； all alike； equal； separate from their surroundings and
from their past； veritable puppets； were all lifting their hands in
common rectangular motion to vote unanimously for the contrat social。
In this contract 〃all classes are reduced to one；＇17＇ the complete
surrender of each associate； with all his rights； to the community；
each giving himself up entirely； just as he actually is； himself and
all his forces； of which whatever he possesses forms a part；〃 each
becoming with respect to himself and every act of his private life a
delegate of the State； a responsible clerk； in short； a functionary； a
functionary of the people； henceforth the unique； the absolute； and
the universal sovereign。 A terrible principle； proclaimed and applied
for ten years； below by the mob and above by the government！ Popular
opinion had adopted it； accordingly the passage from the sovereignty
of the King to the sovereignty of the people was easy； smooth；＇18＇ and
to the novice in reasoning； the old…fashioned taxable and workable
subject； to whom the principle conferred a portion of the sovereignty；
the temptation was too great。
At once； according to their custom； the jurists put themselves at the
service of the new reign。 And no dogma was better suited their to
authoritative instinct； no axiom furnished them so convenient a
fulcrum on which to set up and turn their logical wheel。 This wheel；
which they had latterly managed with care and caution under the
ancient Régime； had suddenly in their hands turned with frightful
speed and effect in order to convert the rigid； universal； and applied
laws； the intermittent processes； the theoretical pretensions； and the
worst precedents of the monarchy into practice。 This meant
* the use of extraordinary commissions；
* accusations of lésé majesté；
* the suppression of legal formalities；
* the persecution of religious beliefs and of personal opinions；
* the right of condemning publications and of coercing thought；
* the right of instruction and education；
* the rights of pre…emption； of requisition； of confiscation； and of
proscription；
in short； pure and perfect arbitrariness。 The result is visible in the
deeds of Treilhard； of Berlier； of Merlin de Douai； of Cambacérès； in
those of the Constituant and Legislative Assemblies； in the
Convention； under the Directory； in their Jacobin zeal or hypocrisy；
in their talent for combining despotic tradition with tyrannical
innovation； in their professional skill in fabricating on all
occasions a snare of plausible arguments with which to properly
strangle the individual； their adversary； to the profit of the State；
their eternal master。
In effect； not only had they almost strangled their adversary； but
likewise； through an aftereffect； their master： France which； after
fourteen months of suffocation； was approaching physical suicide。＇19＇
Such success； too great； had obliged them to stop； they had abandoned
one…half of their destructive creed； retaining only the other half；
the effect of which； less imminent； was less apparent。 If they no
longer dared paralyze individual acts in the man； they persisted in
paralyzing in the individual all collective acts。 … There must be no
special associations in general society； no corporations within the
State； especially no spontaneous bodies endowed with the initiative；
proprietary and permanent： such is Article II。 of the Revolutionary
Creed； and the direct consequence of the previous one which posits
axiomatically the sovereignty of the people and the omnipotence of the
State。 Rousseau；＇20＇ inventor of the first； had like…wise enunciated
the second； the constituent assembly had solemnly decreed it and
applied it on a grand scale；＇21＇ and successive assemblies had applied
it on a still grander scale；＇22＇ it was a faith with the Jacobins；
and； besides； in conformity with the spirit of Roman imperial right
and with the leading maxim of French monarchical right。 On this point
the three known jurisprudential systems were in accord； while their
convergence brought together around the same table the jurists of the
three doctrines in a common task； ex…parliamentarians and ex…members
of the Committee of Public Safety； former pro…scribers and the
proscribed； the purveyors of Sinamari with Treilhard and Merlin de
Douai； returned from Guiana； alongside of Simeon； Portalis； and Barbé…
Marbois。 There was nobody in this conclave to maintain the rights of
spontaneous bodies； the theory； on all three sides； no matter from
whom it proceeded； refused to recognize them for what they are
originally and essentially； that is to say； distinct organisms equally
natural with the State； equally indispensable in their way； and；
therefore； as legitimate as itself； it allowed them only a life on
trust； derived from above and from the center。 But； since the State
created them； it might and ought to treat them as its creatures； keep
them indefinitely under its thumb； use them for its purposes； act
through them as through other agencies； and transform their chiefs
into functionaries of the central power。
III。 Brilliant Statesman and Administrator。
The Organizer。 … Influence of Napoleon's character and mind on his
internal and French system。 … Exigencies of his external and European
r？le。 … Suppression of all centers of combination and concord。 …
Extension of the public domain and what it embraces。 … Reasons for
maintaining the private domain。 … The part of the individual。 … His
reserved enclosure。 … Outlets for him beyond that。 … His talents are
enlisted in the service of public power。 … Special aptitude and
temporary vigor； lack of balance； and doubtful future of the social
body thus formed。
A new France； not the chimerical； communistic； equalized； and Spartan
France of Robespierre and Saint…Just； but a possible real； durable；
and yet leveled and uniform France； logically struck out at one blow；
all of a piece； according to one general principle； a France；
centralized； administrative； and； save the petty egoistic play of
individuals； managed in one entire body from top to bottom； … in
short； the France which Richelieu and Louis XIV。 had longed for； which
Mirabeau after 1790 had foreseen；＇23＇ is now the work which the
theories of the monarchy and of the Revolution had prepared； and
toward which the final concurrence of events； that is to say； 〃the
alliance of philosophy and the saber；〃 led the sovereign hands of the
First Consul。
Accordingly； considering his well…known character； the promptitude；
the activity； the reach； the universality； and the cast of his
intellect； he could not have proposed to himself a different work nor
reduced himself to a lower standard。 His need of governing and of
administrating was too great； his capacity for governing and
administrating was too great： his was an exacting genius。 … Moreover；
for the outward task that he undertook he required internally； not
only undisputed possession of all executive and legislative powers；
not only perfect obedience from all legal authorities； but； again； the
annihilation of all moral authority but his own； that is to say； the
silence of public opinion and the isolation of each individual； and
therefore the abolition； preventive and systematic； of any religious；
ecclesiastic； pedagogic； charitable； literary； departmental； or
communal initiative that might； now or in the future gather men
against him or alongside of him。 Like a good general he secures his
rear。 At strife with all Europe； he so arranges it as not to allow in
the France he drags along after him refractory souls or bodies which
might form platoons in his rear。 Consequently； and through precaution；
he suppresses in advance all ev