and by law."--Ibid., 279:" "What is the right of
property? It is not only the right of using but, again, of abusing it.
... One must always keep in mind the advantage of owning property.
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 Stael, "Dix annees 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 Fouche, 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."]

[Footnote 2326: Roederer, "aeuvres completes," 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, "Memoires," 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."]

[Footnote 2327: "The Ancient Regime," book I., ch.2, the Structure of
Society, especially pp.19-21. (Laff. I. p. 21-22)]

[Footnote 2328: Memorial de Sainte-Helene"--Napoleon, speaking of
his imperia