Military service.—Under the Ancient Regime.—The militia and regular troops.—Number of soldiers.—Quality of the recruits.—Advantages of the institution.—Results of the new system.—The obligation universal.—Comparison between the burdens of citizens and subjects.—The Conscription under Napoleon.—He lightens and then increases its weight. —What it became after him.—The law of 1818. One tax remains, and the last, that by which the State takes, no longer money, but the person himself, the entire man, soul and body, and for the best years of his life, namely military service. It is the Revolution which has rendered this so burdensome; formerly, it was light, for, in principle, it was voluntary. The militia, alone, was raised by force, and, in general, among the country people; the peasants furnished men for it by casting lots.3254 But it was simply a supplement to the active army, a territorial and provincial reserve, a distinct, sedentary body of reinforcements and of inferior rank which, except in case of war, never marched; it turned out but nine days of the year, and, after 1778, never turned out again. In 1789, it comprised in all 72,260 men, and for eleven years their names, inscribed on the registers, alone constituted their presence in the ranks.3255 There were no other conscripts under the monarchy; in this matter, its exactions were not great, ten times less than those of the Republic and of the Empire, since both the Republic and the Empire, using the same constraint, were to levy more than ten times the number of drafted men or conscripts.3256 Alongside of this militia body, the entire army properly so called, the "regular" troops were, under, the ancient RÉgime, all recruited by free enlistment, not only the twenty-five foreign regiments, Swiss, Irish, Germans, and LiÉgeois, but again the hundred and forty-five French regiments, 177 000 men.3257 The enlistment, indeed, was not free enough; frequently, through the maneuvers of the recruiting-agent, it was tainted with inveigling and surprises, and sometimes with fraud or violence; but, owing to the remonstrances due to the prevailing philanthropic spirit, these abuses had diminished; the law of 1788 had suppressed the most serious of them and, even with its abuses, the institution had two great advantages.—The army, in the first place, served as an issue: through it the social body purged itself of its bad humors, of its overheated or vitiated blood. At this date, although the profession of soldier was one of the lowest and least esteemed, a barren career, without promotion and almost without escape, a recruit was obtainable for about one hundred francs bounty and a "tip"; add to this two or three days and nights of revel in the grog-shop, which indicates the kind and quality of the recruits; in fact, very few could be obtained except among men more or less disqualified for civil and domestic life, incapable of spontaneous discipline and of steady labor, adventurers and outcasts, half-savage or half-blackguard, some of them sons of respectable parents thrown into the army in an angry fit, and others again, regular vagabonds picked up in beggars' haunts, mostly stray workmen and loafers, in short, "the most debauched, the most hot-brained, the most turbulent people in an ardent, turbulent and somewhat debauched community."3258 In this way, the anti-social class was utilized for the public good. Let the reader imagine an ill-kept domain overrun by a lot of stray curs that might prove dangerous: they are enticed and caught; a collar, with a chain attached to it, is put on their necks and they become good watch-dogs.—In the second place, this institution preserved to the subject the first and most precious of all liberties, the full possession and the unrestricted management of one's own person, the complete mastery of body and being. This was assured to him, guaranteed to him against the encroachments of the State. It was better guaranteed than by the wisest constitution, for the institution was a recognized custom accepted by everybody. In other words, it was a tacit, immemorial convention,3259 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,3260 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.3261 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.3262 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.3263 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:3264 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.3265 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.3266 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.3267 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.3268 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 be3269 "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...."3270 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.3271—Towards 1804,3272 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,3273 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 18073274 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 may still be maintained with certain modifications; it suffices almost to retouch it, to establish exemptions and the privilege of substitution as rights, which were once simply favors,3275 reduce the annual contingent, limit the term of service, guarantee their lasting freedom to those liberated, and thus secure in 1818 a recruiting law satisfactory and efficacious which, for more than half a century, will attain its ends without being too detrimental or too odious, and which, among so many laws of the same sort, all mischievous, is perhaps the least pernicious. 3201 (return) 3202 (return) 3203 (return) 3204 (return) 3205 (return) 3206 (return) 3207 (return) 3208 (return) 3209 (return) 3210 (return) 3211 (return) 3212 (return) 3213 (return) 3214 (return) 3215 (return) 3216 (return) 3217 (return) 3218 (return) 3219 (return) 3220 (return) 3221 (return) 3222 (return) 3223 (return) 3224 (return) 3225 (return) 3226 (return) 3227 (return) 3228 (return) 3229 (return) 3230 (return) 3231 (return) 3232 (return) 3233 (return) 3234 (return) 3235 (return) 3236 (return) 3237 (return) 3238 (return) 3239 (return) 3240 (return) 3241 (return) 3242 (return) 3243 (return) 3244 (return) 3245 (return) 3246 (return) 3247 (return) 3248 (return) 3249 (return) 3250 (return) 3251 (return) 3252 (return) 3253 (return) 3254 (return) 3255 (return) 3256 (return) 3257 (return) 3258 (return) 3259 (return) 3260 (return) 3261 (return) 3262 (return) 3263 (return) 3264 (return) 3265 (return) 3266 (return) 3267 (return) 3268 (return) 3269 (return) 3270 (return) 3271 (return) 3272 (return) 3273 (return) 3274 (return) 3275 (return) |