第 58 节
作者:开了      更新:2021-02-18 23:01      字数:9320
  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 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