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a tacit; immemorial convention;'59' between the subject and the State;

proclaiming that; if the State had a right to draw on purses it had no

right to draft persons: in reality and in fact; the King; in his

principal function; was merely a contractor like any other; he

undertook natural defense and public security the same as others

undertook cleaning the streets or the maintenance of a dike。 It was

his business to hire military workmen as they hired their civil

workmen; by mutual agreement; at an understood price and at current

market rates。 Accordingly; the sub…contractors with whom he treated;

the colonel and captains of each regiment; were subject as he was to

the law of supply and demand; he allowed them so much for each

recruit;'60' to replace those dropped out; and they agreed to keep

their companies full。 They were obliged to procure men at their own

risk and at their own expense; while the recruiting…agent whom they

dispatched with a bag of money among the taverns; enlisted

artillerymen; horsemen or foot…soldiers; after bargaining with them;

the same as one would hire men to sweep or pave the street and to

clean the sewers。



Against this practice and this principle comes the theory of the

Contrat…Social。 It declares that the people are sovereign。 Now; in

this divided Europe; where a conflict between rival States is always

imminent; sovereigns are military men; they are such by birth;

education; and profession; and by necessity; the title carries along

with it and involves the function。 Consequently; the subject; in

assuming their rights; imposes upon himself their duties; in his quota

(of responsibility) he; in his turn; is sovereign; but; in his turn

and in his person; he is a soldier。'61'  Henceforth; if he is born an

elector; he is born a conscript; he has contracted an obligation of a

new species and of infinite reach; the State; which formerly had a

claim only on his possessions; now has one on his entire body; never

does a creditor let his claims rest and the State always finds reasons

or pretexts to enforce its claims。 Under the threats or trials of

invasion the people; at first; had consented to pay this one; they

regarded it as accidental and temporary。 After victory and when peace

came; its government continues to enforce the claim; it becomes

settled and permanent。 After the treaties of Luneville and Amiens;

Napoleon maintains it in France; after the treaties of Paris and

Vienna; the Prussian government is to maintain it in Prussia。 One war

after another and the institution becomes worse and worse; like a

contagion; it has spread from State to State。 At the present time; it

has overspread the whole of continental Europe and here it reigns

along with its natural companion which always precedes or follows it;

its twin…brother; universal suffrage。 Each more or less conspicuously

〃trotted out〃 and dragging the other along; more or less incomplete

and disguised; both being the blind and formidable leaders or

regulators of future history; one thrusting a ballot into the hands of

every adult; and the other putting a soldier's knapsack on every

adult's back:



* with what promises of massacre and bankruptcy for the twentieth

century;

* with what exasperation of international rancor and distrust;

* with what waste of human labor;

* through what perversion of productive discoveries;

* through what perfection of destructive appliances;

*  through what a recoil to the lower and most unwholesome forms of

old militant societies;

* through what retrograde steps towards brutal and selfish instincts;

* towards the sentiments; habits and morality of the antique city and

of the barbarous tribe



is only too well known。'62'  It is sufficient for us to place the two

military systems face to face; that of former times and that of to…

day: formerly; in Europe; a few soldiers; some hundreds of thousands ;

to…day; in Europe; 18 millions of actual or eventual soldiers; all the

adults; even the married; even fathers of families summoned or subject

to call for twenty…five years of their life; that is to say; as long

as they continue able…bodied men; formerly; for the heaviest part of

the service in France; no lives are confiscated by decree; only those

bought by contract; and lives suited to this business and elsewhere

idle or mischievous; about one hundred and fifty thousand lives of

inferior quality; of mediocre value; which the State could expend with

less regret than others; and the sacrifice of which is not a serious

injury to society or to civilization。 To…day; for the same service in

France; 4 millions of lives are taken by authority; and; if they

attempt to escape; taken by force; all of them; from the twentieth

year onward; employed in the same manual and murderous pursuit;

including the least suited to the purpose and the best adapted to

other purposes; including the most inventive and the most fecund; the

most delicate and the most cultivated; those remarkable for superior

talent (Page 232/526)who are of almost infinite social value; and

whose forced collapse; or precocious end; is a calamity for the human

species。



Such is the terminal fruit of the new Régime; military duty is here

the counterpart; and as it were; the ransom of political right; the

modern citizen may balance one with the other like two weights in the

scale。 On the one side; he may place his prerogative as sovereign;

that is to say; in point of fact; the faculty every four years of

giving one vote among ten thousand for the election or non…election of

one deputy among six hundred and fifty; on the other side; he may

place his positive; active service; three; four or five years of

barrack life and of passive obedience; and then twenty…eight days

more; then a thirteen…days' summons in honor of the flag; and; for

twenty years; at each rumor of war; anxiously waiting for the word of

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。 。 。 。〃

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