第 59 节
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开了 更新:2021-02-18 23:01 字数:9322
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 the quota of each tax…
payer; adjust assessments; verify the registers and the collector's
receipts; audit his accounts; discharge the insolvent; answer for
returns and authorize prosecutions。'19' Private purses are; in this
way; at their mercy; and they take from them whatever they determine
to belong to the public。 … With the purse and the sword in their
hands they lack nothing that is necessary to make them masters; and
all the more because the application of every law belongs to them;
because no orders of the Assembly to the King; of the King to the
ministers; of ministers to the departments; of departments to the
districts; of the districts to the communes; brings about any real
local result except through them; because each measure of general
application undergoes their special interpretation; and can always
be optionally disfigured; softened; or exaggerated according to
their timidity; inertia; violence or partiality。 Moreover; they are
not long in discovering their strength。 We see them on all sides
arguing with their superiors against district; departmental; and
ministerial orders; and even against the Assembly itself; alleging
circumstances; lack of means; their own danger and the public
safety; failing to obey; acting for themselves; openly disobeying
and glorying in the act;'20' and claiming; as a right; the
omnipotence which they exercise in point of fact。 Those of Troyes;
at the festival of the Federation; refuse to submit to the
precedence of the department and claim it for themselves; as
〃immediate representatives of the people。〃 Those of Brest;
notwithstanding the reiterated prohibitions of their district;
dispatch four hundred men and two cannon to force the submission of
a neighboring commune to a cure' who has taken the oath。 Those of
Arnay…le…Duc arrest Mesdames (the King's aunts); in spite of their
passport signed by the ministers; hold them in spite of departmental
and district orders; persist in barring the way to them in spite of
a special decree of the National Assembly; and send two deputies to
Paris to obtain the sanction of their decision。 What with arsenals
pillaged; citadels invaded; convoys arrested; couriers stopped;
letters intercepted; constant and increasing insubordination;
usurpations without truce or measure; the municipalities arrogate to
themselves every species of license on their own territory and
frequently outside of it。 Henceforth; forty thousand sovereign
bodies exist in the kingdom。 Force is placed in their hands; and
they make good use of it。 They make such good use of it that one of
them; the commune of Paris; taking advantage of its proximity; lays
siege to; mutilates; and rules the National Convention; and through
it France。
III。 MUNICIPAL KINGDOMS。
The Municipal bodies。 … Their great task。 … Their incapacity。 …
Their feeble authority。… Insufficiency of their means of action。 …
The role of the National G