I. Distributive Justice in Allotment of Burdens and Benefits.

Requirements previous to the Revolution.—Lack of
distributive justice.—Wrongs committed in the allotment of
social sacrifices and benefits.—Under the ancient Regime.
—During the Revolution.—Napoleon's personal and public
motives in the application of distributive justice.—The
circumstances favorable to him.—His principle of
apportionment.—He exacts proportion in what he grants.

The other group of needs, dating from long before 1789, involve wants which have survived the Revolution, because the Revolution has not satisfied these. The first, the most tenacious, the most profound, the most inveterate, the most frustrated of all is the desire for distributive justice.—In political society, as in every other society, there are burdens and benefits to be allotted. When the apportionment of these is unbiased, it takes place according to a very simple, self-evident principle:

For each individual the costs must be in proportion to the benefits and the benefits to the costs, so that, for each one, the final expense and the final receipt may exactly compensate each other, the larger or smaller share of expense being always equal to the larger or smaller share of profits.

Now, in France, this proportion had been wanting for many centuries; it had even given way to the inverse proportion. If, towards the middle of the eighteenth century, two sum-totals of the budget, material and moral, had been calculated, assets on one side and liabilities on the other:

On the one hand the sum of the apportionments exacted by the State, taxes in ready money, enforced labor, military service, civil subordination, every species of obedience and subjection, in short, every sacrifice of leisure, comfort and self-esteem.

On the other hand the sum of dividends distributed by the State of whatever kind or shape, security for persons and property, use and convenience of roads, delegations of public authority land liens on the public treasury, dignities, ranks, grades, honors, lucrative salaries, sinecures, pensions, and the like, that is to say, every gratification belonging to leisure, comfort, or pride—one might have concluded that the more a man contributed to the receipts the less would his dividend be, and the greater his dividend the less would he furnish to the general contribution.

Consequently, every social or local group consisted of two other groups: a majority which suffered for the benefit of the minority, and a minority which benefited at the expense of the majority, to such an extent that the privations of the greatest number defrayed the luxury of the small number. This was the case in all compartments as on every story, owing to the multitude, enormity and diversity of honorific or useful privileges, owing to the legal prerogatives and effective preferences by which the court nobles benefited at the expense of the provincial nobility,

* the noblesse at the expense of plebeians,

* the prelates and beneficiaries at the expense of poorly-paid curés and vicars,

* the two highest orders of the clergy at the expense of the third,

* the bourgeoisie at the expense of the people,

* the towns at the expense of the rural districts,

* this or that town or province at the expense of the rest,

* the artisan member of a corporation at the expense of the free workman,

and, in general, the strong, more or less well-to-do, in league and protected, at the expense of the weak, more or less needy, isolated and unprotected (indéfendus).[3201]

One hundred years before the Revolution a few clairvoyant, open-hearted and generous spirits had already been aroused by this scandalous disproportion.[3202] Finally, everybody is shocked by it, for, in each local or social group, nearly everybody is a sufferer, not alone the rural, the peasant, the artisan, and the plebeian, not alone the citizen, the curé and the bourgeois notable," but again the gentleman, the grand seignior, the prelate and the King himself.[3203] Each is denouncing the privileges of all others that affect his interests, each striving to diminish another's share in the public cake and to keep his own, all concurring in citing natural right and in claiming or accepting as a principle liberty and equality, but all concurring in misconception and solely unanimous in destroying and in allowing destruction,[3204] to such an extent that, at last, the attack being universal and no defense anywhere, social order itself perishes, entirely owing to the abuses of it.

On the reappearance of the same abuses, the lack of distributive justice in revolutionary France became still more apparent than in monarchical France. Through a sudden transposition, the preferred of the former Régime had become the disgraced, while the disgraced of the former Régime had become the preferred; unjust favor and unjust disfavor still subsisted, but with a change of object. Before 1789, the nation was subject to an oligarchy of nobles and notables; after 1789, it became subject to an oligarchy of Jacobins big or little. Before the Revolution, there were in France three or four hundred thousand privileged individuals, recognizable by their red heels or silver shoe-buckles. After the Revolution, there were three or four hundred thousand of the privileged, recognizable by their red caps or their carmagnoles.[3205] The most privileged of all, the three or four thousand verified nobles, presented at court and of racial antiquity, who, by virtue of their parchments, rode in the royal carriages, were succeeded by three or four thousand Jacobins of a fresh sprout, no less verified and accepted, who, by virtue of their civic patent, sat in the club of the rue Saint-Honoré and the latter coterie was still more dominant, more exclusive, more partial than the former one. Consequently, before the Revolution, the burden of taxation was light for the rich or the well-to-do, crushing for the peasants or the common people; after the Revolution, on the contrary, the peasants, the common people, paid no more taxes,[3206] while from the rich and the well-to-do the government took all, not alone their income but their capital.—On the other hand, after having fed the court of Versailles, the public treasury had to feed the rabble of Paris, still more voracious; and, from 1793 to 1796, the maintenance of this rabble cost it twenty-five times as much as, from 1783 to 1786, the maintenance of the court.[3207] Finally, at Paris as at Versailles, the subordinates who lived on the favored spot, close to the central manger, seized on all they could get and ate much more than their allowance. Under the ancient Régime, "the ladies of honor, every time they travel from one royal country-house to another, gain 80 %. on the cost of the journey," while the queen's first chambermaid gains, over and above her wages, 38,000 francs a year out of the sales of half-burnt candles.[3208] Under the new Régime, in the distribution of food, "the matadors of the quarter," the patriots of the revolutionary committees, deduct their portions in advance, and a very ample portion, to the prejudice of the hungry who await their turn, one taking seven rations and another twenty.[3209] Thus did the injustice remain; in knocking it over, they had simply made matters worse; and had they wished to build permanently, now was the time to put an end to it; for, in every social edifice it introduced an imbalance. Whether the plumb-line deflects right or left is of little consequence; sooner or later the building falls in, and thus had the French edifice already fallen twice, the first time in 1789, through imminent bankruptcy and hatred of the ancient Régime, and the second time in 1799, through an actual bankruptcy and hatred of the Revolution.

An architect like the French Consul is on his guard against a financial, social and moral danger of this sort. He is aware that, in a well-organized society, there must be neither surcharge nor discharge, no favors, no exemptions and no exclusions. Moreover, "l'Etat c'est lui;"[3210] thus is the public interest confounded with his personal interest, and, in the management of this double interest, his hands are free. Proprietor; and first inhabitant of France in the fashion of its former kings, he is not obliged and embarrassed as they were by immemorial precedents, by the concessions they have sanctioned or the rights they have acquired. At the public table over which he presides and which is his table, he does not, like Louis XV. or Louis XVI., encounter messmates already installed there, the heirs or purchasers of the seats they occupy,[3211] extending in long rows from one end of the room to the other, each in his place according to rank, in an arm-chair, or common chair, or on a footstool, all being the legitimate and recognized owners of their seats, all of them the King's messmates and all authorized by law, tradition and custom to eat a free dinner or pay for it at less than cost, to find fault with the dishes passed around, to reach out for those not near by, to help themselves to what they want and to carry off the dessert in their pockets. At the new table there are no places secured beforehand. It is Napoleon himself who arranges the table, and on sitting down, he is the master who has invited whomsoever he pleases, who assigns to each his portion, who regulates meals as he thinks best for his own and the common interest, and who introduces into the entire service order, watchfulness and economy. Instead of a prodigal and negligent grand-seignior, here at last is a modern administrator who orders supplies, distributes portions and limits consumption, a contractor who feels his responsibility, a man of business able to calculate. Henceforth, each is to pay for his portion, estimated according to his ration, and each is to enjoy his ration according to his quota.—Judge of this by one example: In his own house, customarily a center of abuses and sinecures, there must be no more parasites. From the grooms and scullions of his palace up to its grand officials, even to the chamberlains and ladies of honor, all his domestics, with or without titles, work and perform their daily tasks in person, administrative or decorative, day or night, at the appointed time, for exact compensation, without pickings or stealing and without waste. His train and his parades, as pompous as under the old monarchy, admit of the same ordinary and extraordinary expenses—stables, chapel, food, hunts, journeys, private theatricals, renewals of plate and furniture, and the maintenance of twelve palaces or châteaux. While, under Louis XV., it was estimated that "coffee with one roll for each lady of honor cost the King 2,000 livres a year," and under Louis XVI.," the grand broth night and day" which Madame Royale, aged two years, sometimes drank and which figured in the annual accounts at 5201 livres,[3212] under Napoleon "in the pantries, in the kitchens, the smallest dish, a mere plate of soup, a glass of sugared water, would not have been served without the authorization or check of grand-marshal Duroc. Every abuse is watched; the gains of each are calculated and regulated beforehand."[3213] Consequently, this or that journey to Fontainebleau which had cost Louis XVI. nearly 2 million livres, cost Napoleon, with the same series of fêtes, only 150,000 francs, while the total expense of his civil household, instead of amounting to 25 million livres, remains under 3 million francs.[3214] The pomp is thus equal, but the expense is ten times less; the new master is able to derive a tenfold return from persons and money, because he squeezes the full value out of every man he employs and every crown he spends. Nobody has surpassed him in the art of turning money and men to account, and he is as shrewd, as careful, as sharp in procuring them as he is in profiting by them.

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