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第65章

the origins of contemporary france-2-第65章

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one of them is admitted into the Assembly it is not for the purpose

of giving advice; but to furnish information; reply to

interrogatories; and make protestations of his zeal in humble terms

and in a dubious position。'4'  By virtue of being a royal agent he

is under suspicion like the King himself; and he is sequestered in

his bureau as the King is sequestered in his palace。… Such is the

spirit of the Constitution: by force of the theory; and the better

to secure a separation of the powers;'5' a common understanding

between them is for ever rendered impossible; and to make up for

this impossibility there remains nothing but to make one the master

and the other the clerk。



This they did not fail to do; and for greater security; the latter

is made an honorary clerk; The executive power is conferred on him

nominally and in appearance; he does not possess it in fact; care

having been taken to place it in other hands。 … In effect; all

executive agents and all secondary and local powers are elective。

The King has no voice; directly or indirectly; in the choice of

judges; public prosecutors; bishops; curés; collectors and assessors

of the taxes; commissaries of police; district and departmental

administrators; mayors; and municipal officers。  At most; should an

administrator violate a law; he may annul his acts and suspend him;

but the Assembly; the superior power; has the right to cancel this

suspension。 … As to the armed force; of which he is supposed to be

the commander…in…chief; this escapes from him entirely: the National

Guard is not to receive orders from him; the gendarmerie and the

troops are bound to respond to the requisitions of the municipal

authorities; whom the King can neither select nor displace: in

short; local action of any kind … that is to say; all effective

action … is denied to him。 … The executive instrument is purposely

destroyed。  The connection which existed between the wheels of the

extremities and the central shaft is broken; and henceforth;

incapable of distributing its energy; this shaft; in the hands of

the monarch; stands still or else turns to no purpose。  The King;

〃supreme head of the general administration; of the army; and of the

navy; guardian of public peace and order; hereditary representative

of the nation;〃 is without the means; in spite of his lofty titles;

of directly applying his pretended powers; of causing a schedule of

assessments to be drawn up in a refractory commune; of compelling

payment by a delinquent tax…payer; of enforcing the free circulation

of a convoy of grain; of executing the judgment of a court; of

suppressing an outbreak; or of securing protection to persons and

property。  For he can bring no constraint to bear on the agents who

are declared to be subordinate to him; he has no resources but those

of warning and persuasion。  He sends to each Departmental Assembly

the decrees which he has sanctioned; requesting it to transmit them

and cause them to be carried out; he receives its correspondence and

bestows his censure or approval … and that is all。  He is merely a

powerless medium of communication; a herald or public advertiser; a

sort of central echo; sonorous and empty; to which news is brought;

and from which laws depart; to spread abroad like a common rumor。

Such as he is; and thus diminished; he is still considered to be too

strong。  He is deprived of the right of pardon; 〃which severs the

last artery of monarchical government。〃'6'  All sorts of precautions

are taken against him。  He cannot declare war without a decree of

the Assembly; he is obliged to bring war to an end on the decree of

the Assembly; he cannot make a treaty of peace; an alliance; or a

commercial treaty; without the ratification of these by the

Assembly。  It is expressly declared that he is to nominate but two…

thirds of the rear…admirals; one…half of the lieutenant…generals;

field…marshals; captains of Vessels and colonels of the gendarmerie;

one…third of the colonels and lieutenant…colonels of the line; and a

sixth of the naval lieutenants。  He must not allow troops to stay or

pass within 30;000 yards of the Assembly。  His guard must not

consist of more than 1;800 men; duly verified; and protected against

his seductions by the civil oath。  The heir…presumptive must not

leave the country without the Assembly's assent。  It is the Assembly

which is to regulate by law the education of his son during

minority。 … All these precautions are accompanied with threats。

There are against him five possible causes of dethronement; against

his responsible Ministers; eight causes for condemnation to from

twelve to twenty years of constraint; and eight grounds for

condemnations to death。'7'  Everywhere between the lines of the

Constitution; we read the constant disposition to assume an attitude

of defense; the secret dread of treachery; the conviction that

executive power; of whatever kind; is in its nature inimical to the

public welfare。 … For withholding the nomination of judges; the

reason alleged is that 〃the Court and the Ministers are the most

contemptible portion of the nation。〃'8'  If the nomination of

Ministers is conceded; it is on the ground that〃 Ministers appointed

by the people would necessarily be too highly esteemed。〃 The

principle is that 〃the legislative body alone must possess the

confidence of the people;〃 that royal authority corrupts its

depository; and that executive power is always tempted to commit

abuses and to engage in conspiracies。  If it is provided for in the

Constitution it is with regret; through the necessity of the case;

and on the condition of its being trammeled by impediments; it will

prove so much the less baneful in proportion as it is restrained;

guarded; threatened; and denounced。 … A position of this kind is

manifestly intolerable; and only a man as passive as Louis XVI。

could have put up with it。  Do what he will; however; he cannot make

it a tenable one。  In vain does he scrupulously adhere to the

Constitution; and fulfill it to the letter。  Because he is powerless

the Assembly regards him as lukewarm; and imputes to him the

friction of the machine which is not under his control。  If he

presumes once to exercise his veto it is rebellion; and the

rebellion of an official against his superior; which is the

Assembly; the rebellion of a subject against his Sovereign; which is

the people。  In this case dethronement is proper; and the Assembly

has only to pass the decree; the people have simply to execute the

act; and the Constitution ends in a Revolution。 … A piece of

machinery of this stamp breaks down through its own movement。  In

conformity with the philosophic theory the two wheels of government

must be separated; and to do this they have to be disconnected and

isolated one from the other。  In conformity with the popular creed;

the driving…wheel  must be subordinated and its influence

neutralized: to do this it is necessary to reduce its energy to a

minimum; break up its connections; and raise it up in the air to

turn round like a top; or to remain there as an obstacle to

something else。  It is certain that; after much ill…usage as a

plaything; it will finally be removed as a hindrance。







II。  THE CREATION OF POPULAR DEMOCRACY。



Administrative powers。 … The Assembly on the hierarchy。 … Grades

abolished。 … Collective powers。 … Election introduced; and the

influence of subordinates in all branches of the service。 …

Certainty of disorganization。 … Power in the hands of municipal

bodies。



Let us leave the center of government and go to the extremities; and

observe the various administrations in working operation。'9'



For any service to work well and with precision; there must be a

single and unique chief who can appoint; pay; punish and dismiss his

subordinates。 … For; on the one hand; he stands alone and feels his

responsibility; he brings to bear on the management of affairs a

degree of attention 

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