the origins of contemporary france-2-第66章
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responsibility; he brings to bear on the management of affairs a
degree of attention and consistency; a tact and a power of
initiation of which a committee is incapable; corporate follies or
defects do not involve any one in particular; and authority is
effective only when it is in one hand。 … On the other hand; being
master; he can rely on the subalterns whom he has himself selected;
whom he controls through their hopes or fears; and whom he
discharges if they do not perform their duties; otherwise he has no
hold on them and they are not instruments to be depended on。 Only
on these conditions can a railway manager be sure that his pointsmen
are on the job。 Only on these conditions can the foreman of a
foundry engage to execute work by a given day。 In every public or
private enterprise; direct; immediate authority is the only known;
the only human and possible way to ensure the obedience and
punctuality of agents。 … Administration is thus carried on in all
countries; by one or several series of functionaries; each under
some central manager who holds the reins in his single grasp。'10'
This is all reversed in the new Constitution。 In the eyes of our
legislators obedience must be spontaneous and never compulsory; and;
in the suppression of despotism; they suppress government。 The
general rule in the hierarchy which they establish is that the
subordinates should be independent of their superior; for he must
neither appoint nor displace them: the only right he has is to give
them advice and remonstrate with them。'11' At best; in certain
cases; he can annul their acts and inflict on them a provisional
suspension of their functions; which can be contested and is
revocable。'12' We see; thus; that none of the local powers are
delegated by the central power; the latter is simply like a man
without either hands or arms; seated in a gilt chair。 The Minister
of the Finances cannot appoint or dismiss either an assessor or a
collector; the Minister of the Interior; not one of the
departmental; district; or communal administrators; the Minister of
Justice; not one judge or public prosecutor。 The King; in these
three branches of the service; has but one officer of his own; the
commissioner whose duty it is to advocate the observance of the laws
in the courts; and; on sentence being given; to enforce its
execution。 … All the muscles of the central power are paralyzed by
this stroke; and henceforth each department is a State apart; living
by itself。
An similar amputation; however; in the department itself; has cut
away all the ties by which the superior could control and direct his
subordinate。 … If the administrators of the department are suffered
to influence those of the district; and those of the district those
of the municipality; it is only; again; in the way of council and
solicitation。 Nowhere is the superior a commander who orders and
constrains; but everywhere a censor who gives warnings and scolds。
To render this already feeble authority still more feeble at each
step of the hierarchy; it is divided among several bodies。 These
consist of superposed councils; which administer the department; the
district; and the commune。 There is no directing head in any of
these councils。 Permanency and executive functions throughout are
vested in the directories of four or eight members; or in bureaus of
two; three; four; six; and even seven members whose elected chief; a
president or mayor;'13' has simply an honorary primacy。 Decision
and action; everywhere blunted; delayed; or curtailed by talk and
the processes of discussion; are brought forth only after the
difficult; tumultuous assent of several discordant wills。'14'
Elective and collective as these powers are; measures are still
taken to guard against them。 Not only are they subject to the
control of an elected council; one…half renewable every two years;
but; again; the mayor and public prosecutor of the commune after
serving four years; and the procureur…syndic of the department or
district after eight years service; and the district collector after
six years' service; are not re…elected。 Should these officials have
deserved and won the confidence of the electors; should familiarity
with affairs have made them specially competent and valuable; so
much the worse for affairs and the public ; they are not to be
anchored to their post。'15' Should their continuance in office
introduce into the service a spirit of order and economy; that is of
no consequence; there is danger of their acquiring to much
influence; and the law sends them off as soon as they become expert
and entitled to rule。 … Never has jealousy and suspicion been more
on the alert against power; even legal and legitimate。 Sapping and
mining goes on even in services which are recognized as essential;
as the army and the gendarmerie。'16' In the army; on the
appointment of a non…commissioned officer; the other non…
commissioned officers make up a list of candidates; and the captain
selects three; one of whom is chosen by the colonel。 In the choice
of a sub…lieutenant; all the officers of the regiment vote; and he
who receives a majority is appointed。 In the gendarmerie; for the
appointment of a gendarme; the directory of the department forms a
list; the colonel designates five names on it; and the directory
selects one of them。 For the choice of a corporal; quartermaster or
lieutenant; there is; besides the directory and the colonel; another
intervention; that of the officers; both commissioned and non…
commissioned。 It is a system of elective complications and lot…
drawings; one which; giving a voice in the choice of officers to the
civil authorities and to military subordinates; leaves the colonel
with only a third or one…quarter of his former ascendancy。 In
relation to the National Guard; the new principle is applied without
any reservation。 All the officers and non…commissioned officers up
to the grade of captain are elected by their own men。 All the
superior officers are elected by the inferior officers。 All under…
officers and all inferior and superior officers are elected for one
year only; and are not eligible for re…election until after an
interval of a year; during which they must serve in the ranks。'17'
… The result is manifest: command; in every civil and in every
military order; becomes upset; subalterns are no longer precise and
trustworthy instruments; the chief no longer has any practical hold
on them; his orders; consequently; encounter only tame obedience;
doubtful deference; sometimes even open resistance; their execution
remains dilatory; uncertain; incomplete; and at length is utterly
neglected; a latent and soon flagrant system of disorganization is
instituted by the law。 Step by step; in the hierarchy of
Government; power has slipped downwards; and henceforth belongs by
virtue of the Constitution to the authorities who sit at the bottom
of the ladder。 It is not the King; or the minister; or the
directory of the department or of the district who rules; but its
municipal officers; and their sway is as omnipotent as it can be in
a small independent republic。 They alone have the 〃strong hand〃
with which to search the pockets of refractory tax…payers; and
ensure the collection of the revenue; to seize the rioter by the
throat; and protect life and property; in short; to convert the
promises and menaces of the law into acts。 Every armed force; the
National Guard; the regulars; and the gendarmerie; must march on
their requisition。 They alone; among the body of administrators;
are endowed with this sovereign right; all that the department or
the district can do is to invite them to exercise it。 It is they
who proclaim martial law。 Accordingly; the sword is in their
hands。'18' Assisted by commissioners who are appointed by the
council…general of the commune; they prepare the schedule of
taxation of real and personal property; fix