When they came to provide for population, they were not able to proceed quite so smoothly as they had done in the field of their geometry. Here their arithmetic came to bear upon their juridical metaphysics. Had they stuck to their metaphysic principles, the arithmetical process would be simple indeed. Men, with them, are strictly equal, and are entitled to equal rights in their own government. Each head, on this system, would have its vote, and every man would vote directly for the person who was to represent him in the legislature. "But soft,—by regular degrees, not yet." This metaphysic principle, to which law, custom, usage, policy, reason, were to yield, is to yield itself to their pleasure. There must be many degrees, and some stages, before the representative can come in contact with his constituent. Indeed, as we shall soon see, these two persons are to have no sort of communion with each other. First, the voters in the Canton, who compose what they call primary assemblies, are to have a qualification. What! a qualification on the indefeasible rights of men? Yes; but it shall be a very small qualification. Our injustice shall be very little oppressive: only the local valuation of three days' labor paid to the public. Why, this is not much, I readily admit, for anything but the utter subversion of your equalizing principle. As a qualification it might as well be let alone; for it answers no one purpose for which qualifications are established; and, on your ideas, it excludes from a vote the man of all others whose natural equality stands the most in need of protection and defence: I mean the man who has nothing else but his natural equality to guard him. You order him to buy the right which you before told him Nature had given to him gratuitously at his birth, and of which no authority on earth could lawfully deprive him. With regard to the person who cannot come up to your market, a tyrannous aristocracy, as against him, is established at the very outset, by you who pretend to be its sworn foe.
The gradation proceeds. These primary assemblies of the Canton elect deputies to the Commune,—one for every two hundred qualified inhabitants. Here is the first medium put between the primary elector and the representative legislator; and here a new turnpike is fixed for taxing the rights of men with a second qualification: for none can be elected into the Commune who does not pay the amount of ten days' labor. Nor have we yet done. There is still to be another gradation.[121] These Communes, chosen by the Canton, choose to the Department; and the deputies of the Department choose their deputies to the National Assembly. Here is a third barrier of a senseless qualification. Every deputy to the National Assembly must pay, in direct contribution, to the value of a mark of silver. Of all these qualifying barriers we must think alike: that they are impotent to secure independence, strong only to destroy the rights of men.
In all this process, which in its fundamental elements affects to consider only population, upon a principle of natural right, there is a manifest attention to property,—which, however just and reasonable on other schemes, is on theirs perfectly unsupportable.
When they come to their third basis, that of Contribution, we find that they have more completely lost sight of the rights of men. This last basis rests entirely on property. A principle totally different from the equality of men, and utterly irreconcilable to it, is thereby admitted: but no sooner is this principle admitted than (as usual) it is subverted; and it is not subverted (as we shall presently see) to approximate the inequality of riches to the level of Nature. The additional share in the third portion of representation (a portion reserved exclusively for the higher contribution) is made to regard the district only, and not the individuals in it who pay. It is easy to perceive, by the course of their reasonings, how much they were embarrassed by their contradictory ideas of the rights of men and the privileges of riches. The Committee of Constitution do as good as admit that they are wholly irreconcilable. "The relation with regard to the contributions is without doubt null, (say they,) when the question is on the balance of the political rights as between individual and individual; without which personal equality would be destroyed, and an aristocracy of the rich would be established. But this inconvenience entirely disappears, when the proportional relation of the contribution is only considered in the great masses, and is solely between province and province; it serves in that case only to form a just reciprocal proportion between the cities, without affecting the personal rights of the citizens."
Here the principle of contribution, as taken between man and man, is reprobated as null, and destructive to equality,—and as pernicious, too, because it leads to the establishment of an aristocracy of the rich. However, it must not be abandoned. And the way of getting rid of the difficulty is to establish the inequality as between department and department, leaving all the individuals in each department upon an exact par. Observe, that this parity between individuals had been before destroyed, when the qualifications within the departments were settled; nor does it seem a matter of great importance whether the equality of men be injured by masses or individually. An individual is not of the same importance in a mass represented by a few as in a mass represented by many. It would be too much to tell a man jealous of his equality, that the elector has the same franchise who votes for three members as he who votes for ten.
Now take it in the other point of view, and let us suppose their principle of representation according to contribution, that is according to riches, to be well imagined, and to be a necessary basis for their republic. In this their third basis they assume that riches ought to be respected, and that justice and policy require that they should entitle men, in some mode or other, to a larger share in the administration of public affairs; it is now to be seen how the Assembly provides for the preëminence, or even for the security of the rich, by conferring, in virtue of their opulence, that larger measure of power to their district which is denied to them personally. I readily admit (indeed, I should lay it down as a fundamental principle) that in a republican government, which has a democratic basis, the rich do require an additional security above what is necessary to them in monarchies. They are subject to envy, and through envy to oppression. On the present scheme it is impossible to divine what advantage they derive from the aristocratic preference upon which the unequal representation of the masses is founded. The rich cannot feel it, either as a support to dignity or as security to fortune: for the aristocratic mass is generated from purely democratic principles; and the prevalence given to it in the general representation has no sort of reference to or connection with the persons upon account of whose property this superiority of the mass is established. If the contrivers of this scheme meant any sort of favor to the rich, in consequence of their contribution, they ought to have conferred the privilege either on the individual rich, or on some class formed of rich persons (as historians represent Servius Tullius to have done in the early constitution of Rome); because the contest between the rich and the poor is not a struggle between corporation and corporation, but a contest between men and men,—a competition, not between districts, but between descriptions. It would answer its purpose better, if the scheme were inverted: that the votes of the masses were rendered equal, and that the votes within each mass were proportioned to property.
Let us suppose one man in a district (it is an easy supposition) to contribute as much as a hundred of his neighbors. Against these he has but one vote. If there were but one representative for the mass, his poor neighbors would outvote him by an hundred to one for that single representative. Bad enough! But amends are to be made him. How? The district, in virtue of his wealth, is to choose, say ten members instead of one: that is to say, by paying a very large contribution he has the happiness of being outvoted, an hundred to one, by the poor, for ten representatives, instead of being outvoted exactly in the same proportion for a single member. In truth, instead of benefiting by this superior quantity of representation, the rich man is subjected to an additional hardship. The increase of representation within his province sets up nine persons more, and as many more than nine as there may be democratic candidates, to cabal and intrigue and to flatter the people at his expense and to his oppression. An interest is by this means held out to multitudes of the inferior sort, in obtaining a salary of eighteen livres a day, (to them a vast object,) besides the pleasure of a residence in Paris, and their share in the government of the kingdom. The more the objects of ambition are multiplied and become democratic, just in that proportion the rich are endangered.
Thus it must fare between the poor and the rich in the province deemed aristocratic, which in its internal relation is the very reverse of that character. In its external relation, that is, in its relation to the other provinces, I cannot see how the unequal representation which is given to masses on account of wealth becomes the means of preserving the equipoise and the tranquillity of the commonwealth. For, if it be one of the objects to secure the weak from being crushed by the strong, (as in all society undoubtedly it is,) how are the smaller and poorer of these masses to be saved from the tyranny of the more wealthy? Is it by adding to the wealthy further and more systematical means of oppressing them? When we come to a balance of representation between corporate bodies, provincial interests, emulations, and jealousies are full as likely to arise among them as among individuals; and their divisions are likely to produce a much hotter spirit of dissension, and something leading much more nearly to a war.
I see that these aristocratic masses are made upon what is called the principle of direct contribution. Nothing can be a more unequal standard than this. The indirect contribution, that which arises from duties on consumption, is in truth a better standard, and follows and discovers wealth more naturally than this of direct contribution. It is difficult, indeed, to fix a standard of local preference on account of the one, or of the other, or of both, because some provinces may pay the more of either or of both on account of causes not intrinsic, but originating from those very districts over whom they have obtained a preference in consequence of their ostensible contribution. If the masses were independent, sovereign bodies, who were to provide for a federative treasury by distinct contingents, and that the revenue had not (as it has) many impositions running through the whole, which affect men individually, and not corporately, and which, by their nature, confound all territorial limits, something might be said for the basis of contribution as founded on masses. But, of all things, this representation, to be measured by contribution, is the most difficult to settle upon principles of equity in a country which considers its districts as members of a whole. For a great city, such as Bordeaux or Paris, appears to pay a vast body of duties, almost out of all assignable proportion to other places, and its mass is considered accordingly. But are these cities the true contributors in that proportion? No. The consumers of the commodities imported into Bordeaux, who are scattered through all France, pay the import duties of Bordeaux. The produce of the vintage in Guienne and Languedoc give to that city the means of its contribution growing out of an export commerce. The landholders who spend their estates in Paris, and are thereby the creators of that city, contribute for Paris from the provinces out of which their revenues arise. Very nearly the same arguments will apply to the representative share given on account of direct contribution: because the direct contribution must be assessed on wealth, real or presumed; and that local wealth will itself arise from causes not local, and which therefore in equity ought not to produce a local preference.
It is very remarkable, that, in this fundamental regulation which settles the representation of the mass upon the direct contribution, they have not yet settled how that direct contribution shall be laid, and how apportioned. Perhaps there is some latent policy towards the continuance of the present Assembly in this strange procedure. However, until they do this, they can have no certain constitution. It must depend at last upon the system of taxation, and must vary with every variation in that system. As they have contrived matters, their taxation does not so much depend on their constitution as their constitution on their taxation. This must introduce great confusion among the masses; as the variable qualification for votes within the district must, if ever real contested elections take place, cause infinite internal controversies.