the origins of contemporary france-5-第109章
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and sent to all the prefects 。 。 。 。 The councils were obliged to
meet; which generously disposed of other people's children; and very
worthy persons; myself first of all; thought that they might join in
this shameful purpose; to such an extent had imperial fanaticism
fascinated them and perverted consciences!〃
'45' Archives nationales (state of accounts of the prefects and
reports of the general police commissioners; F7; 5014 and following
records。 … Reports of senators on their senatoreries; AF; IV。; 1051;
and following records)。 … These papers disclose at different dates the
state of minds and of things in the provinces。 Of all these reports;
that of Roederer on the senatorerie of Caen is the most instructive;
and gives the most details on the three departments composing it。
(Printed in his 〃?uvres complètes;〃 vol。 III。)
'46' The reader will find in the Archives nationales; the fullest and
most precise information concerning local administration and the
sentiments of the different classes of society; in the correspondence
of the prefects of the first Restoration; of the hundred days; and of
the second Restoration from 1814 to 1823 (Cf。 especially those of
Haute…Garonne; the Rhine; C?te d'Or; Ain; Loiret; Indre…et…Loire;
Indre; Loire…Inférieure and Aisne。) The letters of several prefects;
M。 de Chabroe; M。 de Tocqueville; M。 de Remusat; M。 de Barante; are
often worth publishing; occasionally; the minister of the interior has
noted with a pencil in the margin; 〃 To be shown to the King。〃
'47' M。 de Villèle; ibid。; I。; 248。
'48' Rocquam; 〃l'état de la France au 18 Brumaire;〃 reports of the
councilors of state sent on missions; p。40。
'49' De Feville; 〃La France economique;〃 248 and 249。
'50' Pelet de la Lozère; 〃Opinions de Napoléon au conseil d'Etat;〃 P。
277 (Session of March 15; 1806)。 … Decree of March 16; 1806; and of
September 15; 1807。
'51' Ibid。; 276。 〃To those who objected that a tax could only be made
according to law; Napoleon replied that it was not a tax; since there
were no other taxes than those which the law established; and that
this one (the extra assessment of a quarter of the produce of timber)
was established by decree。 It is only a master; and an absolute
master; who could reason in this way。〃
'52' Law of March 20; 1813。 (Woods; meadows; and pasture…grounds used
by the population in common are excepted; also buildings devoted to
public use; promenades; and public gardens。) … The law takes rural
possessions; houses and factories; rented and producing an income。
Thiers; XVI。; 279。 The five percents at this time were worth 75
francs; and 138 millions of these gave a revenue of 9 millions; about
the annual income derived by the communes from their confiscated real
estate。
'53' Aucoc; ibid。; §§ 55 and 135。
CHAPTER II。 Local society since 1830。
I。 Introduction of Universal suffrage。
Local society since 1830。 … Introduction of a new internal motor。 …
Subordinate to the external motor。 … Advantageous under the system of
universal suffrage。
Neither lips nor heart are capable of pronouncing the above
invigorating and conclusive phrase after a silence of 30 years。 That
local society ought to be a private association; does not interest
those who are concerned; while the legislator does not permit it。
Indeed; after the year VIII (1799); the State (Napoleon) introduces
into the machine the new motivation described above。 After the
revolution of 1830;'1' the municipal and general councilors become
elective and are appointed by a limited suffrage; after the revolution
of 1848; they are elected by universal suffrage。'2' After the
revolution of 1870;'3' each municipal council elects its own mayor;
while the council…general; whose powers are enlarged; leaves in its
place; during its vacations; a standing committee who arrange with;
and govern along with; the prefect。 Here; in local society; is a
superadded internal motor; working from below; whilst the first one is
external and works from above; from now on; both are to work together
and in accord。 … But; in reality; the second (the council…general)
remains subordinate; moreover; it does not suit the machine'4' and the
machine does not suit it; it is only a superfluity; an inconvenient
and cumbersome intruder; nearly always useless; and often mischievous。
Its influence is feeble and of little effect; too many brakes are
attached to it; its force diminishes through the complexity of its
numerous wheels; it fails in giving action; it cannot but little more
than impede or moderate other impulses; those of the external motor;
sometimes as it should; and sometimes the contrary。 Most frequently;
even nowadays (1889); it is of no efficiency whatever。 Three…quarters
of the municipal councils; for three…fourths of their business; hold
sessions only to give signatures。 Their pretended deliberations are
simply a parade formality; the incentive and direction continue to
come from without; and from above; under the third Republic; as under
the Restoration and the first Empire; it is always the central State
which governs the local society; amid all the wrangling and disputes;
in spite of passing conflicts it is; and remains; the initiator;
mover; leader; controller; accountant; and executor of every
undertaking; the preponderating power in the department as well as in
the commune; and with what deplorable results we all know。 … There is
still another and more serious result。 Nowadays; its interference is
an advantage; for should it renounce its preponderance this would pass
over to the other power which; since this has become vested in a
numerical majority; is mere blind and brutal force; abandoned to
itself and without any counter…weight; its ascendancy would be
disastrous; we would see reappearing along with the blunders of 1789;
the outrages; usurpations; and distress of 1790; 1791 and 1792。'5' …
In any event; there is this advantage in despotic centralization; that
it still preserves us from democratic autonomy。 In the present state
of institutions and minds; the former system; objectionable as it may
be; is our last retreat against the greater evil of the latter。
II。 Universal suffrage。
Application of universal suffrage to local society。 … Two assessments
for the expenses of local society。 … The fixed amount of one should in
equity be equal to the average sum of the other。 … Practically; the
sum of one is kept too low。 … How the new régime provides for local
expenditure。 … The 〃additional centimes。〃 … How the small taxpayer is
relieved in town and country。 … His quota in local expenditure reduced
to the minimum。 … His quota of local benefits remains intact。 … Hence
the large or average taxpayer bears; beside his own burden; that of
the relieved small taxpayer。 … Number of those relieved。 … The extra
burden of the large and average taxpayer is alms…giving。 … The relief
of the small taxpayer is a levy of alms。
In effect; direct universal suffrage; counted by heads; is in local
society a discordant element; a monstrous system; to which it is
adverse。 Constituted as this is; not by human judgment; but by the
preponderance of numbers and their force; its mechanism is determined
beforehand; it excludes certain wheels and connections。'6' That is why
the legislator must write laws which reflect the nature of our
existence; or; at least; translate this as closely as he can; without
any gross contradiction。 Nature herself presents him with ready…made
statutes。'7' His business is to read these properly; he has already
transcribed the apportionment of burdens; he can now transcribe the
apportionment of rights。
So; we have seen; local society renders two distinct services'8';
which; that the expenses of both may be met; require two distinct
assessments; one personal and the other real; one levied on everybody
and of which the amount is alike for all; and