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sovereignty；＇15＇ so many prerogatives； honorific or serviceable；
maintained by the law and by the tribunals。 On this side； the meshes
of the monarchical netting had not been well knit or remained loose；
and the same elsewhere； with openings more or less wide； in the five
provincial governments （états）； in the Pyrenees districts； in Alsace；
at Strasbourg； but especially in Languedoc and in Brittany； where the
pact of incorporation； through a sort of bilateral contract；
associated together on the same parchment and under the same seal the
franchises of the province and the sovereignty of the King。
Add to these original lacunae the hole made by the Prince himself in
his net already woven： he had with his own hand torn away its meshes；
and by thousands。 Extravagant to excess and always needy； he converted
everything into money； even his own rights； and； in the military
order； in the civil order； in commerce and in industry； in the
administration； in the judicature； and in the finances。 From one end
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