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第66章

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 

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