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command which obliges him to shoulder his gun and slay with his own
hand； or be slain。 He will probably end by discovering that the two
sides of the scales do not balance and that a right so hollow is poor
compensation for so heavy a burden。
Of course； in 1789； he foresaw nothing like that； he was optimistic；
pacific； liberal； humanitarian； he knew nothing of Europe nor of
history； nothing of the past nor of the present。 When the Constituent
Assembly constituted him a sovereign； he let things go on； he did not
know what he engaged to do； he had no idea of having allowed such a
heavy claim against him。 But； in signing the social contract； he made
himself responsible； in 1793； the note came due and the Convention
collected it。＇63＇ Then comes Napoleon who put things in order。
Henceforth； every male； able…bodied adult must pay the debt of blood；
no more exemptions in the way of military service：＇64＇ all young men
who had reached the required age drew lots in the conscription and set
out in turn according to the order fixed by their drafted number。＇65＇
But Napoleon is an intelligent creditor； he knows that this debt is
〃most frightful and most detestable for families；〃 that his debtors
are real； living men and therefore different in kind； that the head of
the State should keep these differences in mind； that is to say their
condition； their education； their sensibility and their vocation；
that； not only in their private interest； but again in the interest of
the public； not merely through prudence but also through equity； all
should not be indistinguishably restricted to the same mechanical
pursuit； to the same manual labor； to the same prolonged and
indefinite servitude of soul and body。 Already； under the Directory；
the law had exempted young married men and widowers or divorced
persons who were fathers。＇66＇ Napoleon also exempts the conscript who
has a brother in the active army； the only son of a widow； the eldest
of three orphans； the son of a father seventy…one years old dependent
on his labor； all of whom are family supports。 He joins with these all
young men who enlist in one of his civil militias； in his
ecclesiastical militia or in his university militia； pupils of the
école Normale； ignorantin brothers； seminarians for the priesthood； on
condition that they shall engage to do service in their vocation and
do it effectively； some for ten years； others for life； subject to a
discipline more rigid； or nearly as rigid； as military discipline。＇67＇
Finally； he sanctions or institutes volunteer substitutes； through
private agreement between a conscript and the able…bodied； certified
volunteer substitute for whom the conscript is responsible。＇68＇ If
such a bargain is made between them it is done freely； knowing what
they are about； and because each man finds the exchange to his
advantage； the State has no right to deprive either of them uselessly
of this advantage； and oppose an exchange by which it does not suffer。
So far from suffering it often gains by it。 For； what it needs is not
this or that man； Peter or Paul； but a man as capable as Peter or Paul
of firing a gun； of marching long distances； of resisting
inclemencies； and such are the substitutes it accepts。 They must all
be＇69＇ 〃of sound health and robust constitution；〃 and sufficiently
tall； as a matter of fact； being poorer than those replaced； they are
more accustomed to privation and fatigue； most of them； having reached
maturity； are worth more for the service than youths who have been
recruited by anticipation and too young； some are old soldiers： and in
this case the substitute is worth twice as much as the new conscript
who has never donned the knapsack or bivouacked in the open air。
Consequently； those who are allowed to obtain substitutes are 〃the
drafted and conscripts of all classes； 。 。 。 unable to endure the
fatigues of war； and those who shall be recognized of greater use to
the State by continuing their labors and studies than in forming a
part of the army。 。 。 。〃＇70＇
Napoleon had too much sense to be led by the blind existences of
democratic formulae； his eyes； which penetrated beyond mere words； at
once perceived that the life of a simple soldier； for a young man well
brought up and a peasant or for day…laborer； is unequal。 A tolerable
bed； sufficient clothing； good shoes； certainty of daily bread； a
piece of meat regularly； are novelties for the latter but not for the
former； and； consequently； enjoyments； that the promiscuity and odor
of the barrack chamber； the corporal's cursing and swearing and rude
orders； the mess…dish and camp…bread； physical hardships all day and
every other day； are for the former； but not for the latter； novelties
and； consequently； sufferings。 From which it follows that； if literal
equality is applied； positive inequality is established； and that by
virtue even of the new creed； it is necessary； in the name of true
equality as in the name of true liberty； to allow the former； who
would suffer most； to treat fairly and squarely with the latter； who
will suffer less。 And all the more because； by this arrangement； the
civil staff preserves for itself its future recruits； it is from
nineteen to twenty…six that the future chiefs and under…chiefs of the
great work of peaceful and fruitful labor； the savants； artists or
scholars； the jurisconsults； engineers or physicians； the enterprising
men of commerce or of industry； receive and undertake for themselves a
special and superior education； discover or acquire their leading
ideas； and elaborate their originality or their competency。 If talent
is to be deprived of these productive years their growth is arrested
in full vegetation； and civil capacities； not less precious for the
State than military capacities； are rendered abortive。＇71＇ … Towards
1804；＇72＇ owing to substitution； one conscript out of five in the
rural districts； one conscript out of seven in the towns； and； on the
average； one conscript out of ten in France； escapes this forced
abortive condition； in 1806； the price of a substitute varies from
eighteen hundred to four thousand francs；＇73＇ and as capital is
scarce； and ready money still more so； a sum like this is sufficiently
large。 Accordingly； it is the rich or well…to…do class； in other words
the more or less cultivated class； which buys off its sons： reliance
may be placed on their giving them more or less complete culture。 In
this way； it prevents the State from mowing down all its sprouting
wheat and preserves a nursery of subjects among which society is to
find its future élite。 … Thus attenuated； the military law is still
rigid enough： nevertheless it remains endurable。 It is only towards
1807＇74＇ that it becomes monstrous and grows worse and worse from year
to year until it becomes the sepulcher of all French youth； even to
taking as canon fodder the adolescent under age and men already exempt
or free by purchase。 But； as before these excesses； it ma