第935章

Let us follow out the effects of this law when it is the public power which， beyond its principal and peculiar task， undertakes a different task and puts itself in the place of corporate bodies to do their work； when the State， not content with protecting the community and individuals against external or internal oppression， takes upon itself additionally the government of churches， education， or charity， the direction of art， science， and of commercial， agricultural， municipal， or domestic affairs. - Undoubtedly， it can intervene in all corporate bodies other than itself； it has both the right and the duty to interfere； it is bound to do this through its very office as defender of persons and property， to repress in these bodies spoliation and oppression， to compel in them the observance of the primordial statute， charter， or contract， to maintain in the them rights of each member fixed by this statute， to decide according to this statute all conflicts which may arise between administrators and the administrated， between directors and stockholders， between pastors and parishioners， between deceased founders and their living successors.

In doing this， it affords them its tribunals， its constables， and its gendarmes， and it affords these to them only with full consent after having looking into and accepted the statute. This， too， is one of the obligations of its office： its mandate hinders it from placing the public power at the service of despoiling and oppressive enterprises；it is interdicted from authorizing a contract for prostitution or slavery， and above all， for the best of reasons， a society for brigandage and insurrections， an armed league， or ready to arm itself， against the community， or a part of the community， or against itself.

- But， between this legitimate intervention which enables it to maintain rights， and the abusive interference by which it usurps rights， the limit is visible and it oversteps this limit when， to its function of justiciary， it adds a second， that of governing or supporting another corporation. In this case two series of abuses unfold themselves； on the one side， the State acts contrary to its primary office， and， on the other， it discharges the duties of its superadded office badly.[2]

III. The State attacks persons and property.

It acts against its function. Its encroachments are attacks on persons and property.

For， in the first place， to govern another corporate body， for example the Church， the State at one time appoints its ecclesiastical heads， as under the old monarchy after the abolition of the Pragmatic Sanction by the Concordat of 1516； at another， as with the Constituent Assembly in 1791， without appointing its heads， it invents a new mode of appointment by imposing on the Church a discipline contrary to its spirit and even to its dogmas. Sometimes it goes further still and reduces a special body into a mere administrative branch， transforming its heads into revocable functionaries whose acts it orders and directs； such under the Empire as well as under the Restoration， were the mayor and common-councilors in a commune， and the professors and head-masters of the University. One step more and the invasion is complete： naturally， either through ambition or precaution， or through theory or prejudice， on undertaking a new service it is tempted to reserve to itself or delegate its monopoly. Before 1789 there existed one of these monopolies to the advantage of the Catholic Church， through the interdiction of other cults， also another to the advantage of each corporation of "Arts et Métiers，" through the interdiction of free labor； after 1800， there existed one for the benefit of the University through all sorts of shackles and constraints imposed on the establishment and maintenance of private schools. - Now， through each of these constraints the State encroaches on the domain of the individual； the more extended its encroachments the more does it prey upon and reduce the circle of spontaneous initiation and of independent action， which constitute the true life of the individual；if， in conformity with the Jacobin program， it pushes its interference to the end， it absorbs in itself all other lives；[3] henceforth， the community consists only of automata maneuvered from above， infinitely small residues of men， passive， mutilated， and， so to say， dead souls；the State， instituted to preserve persons， has reduced them to nonentities.