书城公版The Origins of Contemporary France
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第951章

The best protection to the owner of property is the interest of the individual; one may always rely on his activity. . . . A government makes a great mistake in trying to be too paternal; liberty and property are both ruined by over-solicitude." -"If the government prescribes the way in which property shall be used it no longer exists.". - Ibid., 284 (Letters of Aug.21 and Sept. 7, 1809, on expropriations by public authority): "It is indispensable that the courts should supervise, stop expropriation, receive complaints of and guarantee property-owners against the enterprises of our prefects, our prefecture councils and all other agents. . . . Expropriation is a judicial proceeding.. . . I cannot conceive how France can have proprietors if anybody can be deprived of his field simply by an administrative decision." - In relation to the ownership of mines, to the cadastre, to expropriation, and to the portion of property which a man might bequeath, Napoleon was more liberal than his jurists. Madame de Sta?l, "Dix années d'exil," ch. XVIII. (Napoleon conversing with the tribune Gallois): "Liberty consists of a good civil code, while modern nations care for nothing but property." - "Correspondance,"letter to Fouché, Jan. 15, 1805. (This letter gives a good summary of his ideas on government.) "In France, whatever is not forbidden is allowed, and nothing can be forbidden except by the laws, by the courts, or police measures in all matters relating to public order and morality."[26] Roederer, "?uvres complètes," III., 339 (Speech by the First Consul, October 21, 1800): "Rank, now, is a recompense for every faithful service - the great advantage of equality, which has converted 20,000 lieutenancies, formerly useless in relation to emulation, into the legitimate ambition and honorable reward of 400,000 soldiers." - Lafayette, "Mémoires," V., 350: "Under Napoleon, the soldiers said, he has been promoted King of Naples, of Holland, of Sweden, or of Spain, as formerly it was said that a than had been promoted sergeant in this or that company."[27] "The Ancient Régime," book I., ch .2, the Structure of Society, especially pp.19-21. (Laff. I. p. 21-22)[28] Mémorial de Sainte-Hélène" - Napoleon, speaking of his imperial organization, said that he had made the most compact government, one with the quickest circulation and the most nervous energy, that ever existed. And, he remarked, nothing but this would have answered in overcoming the immense difficulties around us, and for effecting the wonderful things we accomplished. The organization of prefectures, their action, their results, were admirable and prodigious. The same impulsion affected at the same time more than forty millions of men, and, aided by centers of local activity, the action was as rapid at every extremity as at the heart."[29] "The Ancient Régime," book III., chs. 2 and 3. (Laff. I, pp. 139to 151 and pp. 153 to 172.)[30] Gibbon, "Decline and Fall of the Roman Empire," chs. I, 2, 3, and 13. - Duruy, Histoire des Romains" (illustrated edition), tenth period, chs. 82, 83, 84, and 85; twelfth period, chs. 95 and 99;fourteenth period, ch. 104. - (The reader will find in these two excellent works the texts and monuments indicated to which it is necessary to resort for a direct and satisfactory impression.)[31] See in Plutarch (Principles of Political Government) the situation of a Greek city under the Antonines.

[32] Gibbon, ch. 10. - Duruy, ch. 95. (Decrease of the population of Alexandria under Gallien, according to the registers of the alimentary institution, letter of the bishop Dionysius.)[33] "Digest," I., 4, I.: "Quod principi placuit legis habet vigorem, utpote, cum lege regia, qu? de imperio ejus lata est, populus ei et in eum omne suum imperium et potestatem conferat. Quodcumque igitur imperator per epistolam et subscriptionem statuit, vel cognoscens decrevit, vel de plano interlocutus est, vel edicto pr?cepit, legis habet vigorem." (Extracts from Ulpian.) - Gaius, Institutes, I., 5:

"Quod imperator constituit, non dubium est quin id vicem legis obtineat, quum ipse imperator per legem imperium obtineat."[34] "Digest," I, 2. (Extracts from Ulpian): "Jus est a justitia appellatum; nam, ut eleganter Celsus definit, jus est ars boni et ?qui. Cujus merito quis nos sacerdotes appellat: justitiam namque colimus, et boni et ?qui notitiam profitemur, ?quum ab iniquo separantes, licitum ab illicito discernentes, . . . veram, nisi fallor, philosophiam, non simulatam affectantes. . . . Juris pr?cepta sunt h?c: honeste vivere, alterum non 1?dere, suum cuique tribuere." -cf. Duruy, 12th period, ch. 87.

[35] Cf., on this immemorial principle of the entire body of Roman public law, cf. Fustel de Coulanges, "Histoire des institutions politiques et privées de l'ancienne France," vol. I., book II., ch. I, p.66 and following pages.

[36] Read the "Notitia dignitatum tam civilium quam militarium in partibus orientis et occidentis." It is the imperial almanac for the beginning of the fifth century. There are eleven ministers at the centre, each with his bureaux, divisions, subdivisions and squads of superposed functionaries,[37] Cf. Piranesi's engravings.

38 Cf., among other clues see Dante's: "De Monarchia".