第 65 节
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organization of the Judiciary; August 16…24; 1790; September 16…29;
1791; September 29; October 21; 1791。… Laws on military
organization; September 23; October 29; 1790; January 16; 1791; July
27; 28; 1791 … Laws on the financial organization; November 14…
24;。1790; November 23; 1790; March 17; 1791; September 26; October
2; 1791。
'10' The removal of such managerial authority has since the second
World war taken place inside the United Nations and other Western
public administrations and seems to be the aim of much communist
trade union effort。 The result has everywhere been added cost and
decreased efficiency。 (SR。)
'11' This principle has been introduced in Western educational
systems when clever self…appointed psychologists told parents and
teacher alike that they could and should not punish their children
but only talk and explain to them。 (SR。)
'12' This description fits the staff regulations of the United
Nations secretariat in which I served for 32 years。 (SR。)
'13' Decrees of December 14 and December 22; 1789: 〃In
municipalities reduced to three members (communes below five hundred
inhabitants); all executive functions shall belong to the mayor
alone。〃
'14' Could it be that Lenin took note of this and had 〃it this
translated in Russian and made use of it in his and later in Stalin's
schools for international revolutionaries。 It would in any case
have weakened the Bourgeois Capitalist countries。 In any case such
measures have been introduced both in the international
organizations and in most Western Democratic Governments after World
War II。 (SR。)
'15' This was in the United Nations called 'Rotation' and made the
administration of missions and forces difficult; expensive and
inefficient。 This rotation was also used in the Indian and other
armies in order to prevent the officers to reach an understanding or
achieve any power over the troops under their command。 (SR。)
'16' Laws of September 23 … October 29; 1790; January 16; 1791。
(Titles II。 And VII。) … Cf。 the legal prescriptions in relation to
the military tribunals。 In every prosecuting or judicial jury one…
seventh of the sworn members are taken from the non…commissioned
officers; and one…seventh from the soldiers; and again; according to
the rank of the accused; the number of those of the same rank is
doubled。
'17' Law of July 28th; August 12; 1791。
'18' Laws of November 24; 1789 (article 52); August 10…14; 1789。 …
Instruction of August 10…20; 1790; § 8 … Law of October 21;
November 21; 1789。
'19' Laws of November 14 and 23; 1790; January 13th; September 26th;
October 9; 1792。
'20' Albert Babeau; I。 327 (Féte of the Federation; July14; 1790)。
… 〃Archives Nationales;〃 F7; 3215 (May 17;1791; Deliberation of the
council…general of the commune of Brest。 May 17 and 19; Letters of
the directory of the district)。 … Mercure; March 5; 1791。 〃Mesdames
are stopped until the return of the two deputies; whom the Republic
of Arnay…le…Duc has sent to the representatives of the nation to
demonstrate to them the necessity of keeping the king's aunts in the
kingdom。〃
'21' Moniteur; X。 132。 Speech by M。 Labergerie; November 8; 1791。
'22' At Montauban; in the intendant's salon; the ladies of the place
spoke patois only; the grandmother of the gentleman who has informed
me of this fact did not understand any other language。
'23' Moniteur; V。163; sitting of July 18; 1791。 Speech by M。
Lecoulteux; reporter。
'24' Moniteur; XI。 283; sitting of February 2; 1792。 Speech by
Cambon: 〃They go away thinking that they understand what is
explained to them; but return the following day to obtain fresh
explanations。 The attorneys refuse to give the municipalities any
assistance; stating that they know nothing about these matters。〃
'25' The same may happen when a subordinate is promoted to be placed
in charge of his or her former equals and colleagues。 This is why
it is often preferably to transfer someone who is recognized as
being of superior talent whenever a promotions is to take place。 (SR。)
'26' Law of May 11…15; 1791。
'27' Minutes of the meeting of the Electoral Assembly of the
Department of Indre…et…Loire (1791; printed)。
'28' De Ferrières; I。 367。
'29' Suzay; I; 191 (21;711 are eligible out of 32;288 inscribed
citizens)。
'30' Official report of the Electoral Assembly of the Department of
Indre…et…Loire; Aug。 27; 1791。 〃A member of the Assembly made a
motion that all the members composing it should be indemnified for
the expenses which would be incurred by their absence from home and
the long sojourn they had to make in the town where the Assembly was
held。 He remarked that the inhabitants of the country were those
who suffered the most; their labor being their sole riches; that if
no attention was paid to this demand; they would be obliged; in
spite of their patriotism; to withdraw and abandon their important
mission; that the electoral assemblies would then be deserted; or
would be composed of those whose resources permitted them to make
this sacrifice。〃
'31' Sauzay; I。 147; 192。
'32' For the detail of these figures; see vol。 II。 Book IV。
'33' De Ferrières; I。 367。 Cf。 The various laws above mentioned。
'34' Constant; 〃Histoire d'un Club Jacobin en Province〃
(Fontainebleau) p。15。 (Procés…verbaux of the founding of the clubs
of Moret; Thomery; Nemours; and Montereau。)
'35' Later to change and become socialist and communist parties
everywhere。 (SR。)
'36' Cf。 The Declaration of Independence; July 4; 1776 (except the
first phrase; which is a catchword thrown out for the European
philosophers)。 … Jefferson proposed a Declaration of Rights for the
Constitution of March 4; 1789; but it was refused。 They were
content to add to it the eleven amendments which set forth the
fundamental rights of the citizen。
'37' Article I。 〃Men are born and remain free and equal in rights
common to all。 Social distinctions are founded solely on public
utility。〃
The first phrase condemns the hereditary royalty which is
sanctioned by the Constitution。 The second phrase can be used to
legitimate hereditary monarchy and an aristocracy。 … Articles 10 and
11 bear upon the manifestations of religious convictions and on
freedom of speech and of the press。 By virtue of these two articles
worship; speech; and the press may be made subject to the most
repressive restrictions; etc。
'38' The International Bill of Human Rights of 1948 is quite
different from the one approved in 1789。 In 1948 there is no more
any mention of any 〃right to resistance to oppression〃; there is a
softening of the position on the right of property and new rights;
to free education; to a country; to rest and leisure; to a high
standard of health and to an adequate standard of living have been
introduced。 (SR。)
'39' Stalin and his successors organized such a system of 〃clubs〃
world…wide which even today remain active as 〃protectors〃 of the
environment; refugees; prisoners; animals and the environment。
(SR。)
'40' Buchez and Roux ; XI。 237。 (Speech by Malouet in relation to
the revision; August 5; 1791。) 〃You constantly tempt the people with
sovereignty without giving them the immediate use of it。〃
'41' Decrees of September 25 … October 6; 1791; September 28 …
October 6; 1791。
'42' Impartial contemporaries; those well qualified to judge; agree
as to the absurdity of the Constitution。
〃The Constitution was a veritable monster。 There was too much of
monarchy in it for a republic; and too much of a republic for a
monarchy。 The King was a side…dish; un hors d'?uvre; everywhere
present in appearance but without any actual power。〃 (Dumont; 339。)
〃It is a general and almost universal conviction that this
Constitution is inexecutable。 The makers of it to a man condemn it。
(G。 Morris; September 30; 1791。)
〃Every day proves more clearly that their new Constitution is good
for nothing。〃 (ibid。 ; December 27; 1791。)
Cf。 The sensible and prophetic speech made by Malouet (August 5;
1791; Buchez and Roux; XI。 237)。
'43' Taine's vivid description is likely to have encouraged any
radical revolutionary having the luck to read his explicit
description of how to proceed with the destruction of a na?ve
corrupt capitalist; bourgeois society。 (SR。)
BOOK THIRD。 THE APPLICATION OF THE CONSTITUTION。'1'
CHAPTER I。
I。 The Federations。 … Popular application of philosophic theory。 …
Idyllic celebration of the Contrat…Social。 … The two strata of the
human mind。 … Permanent disorder。
If there ever was an Utopia which seemed capable of realization; or;
what is still more to the purpose; was really applied; converted
into a fact; fully established; it is that of Rousseau; in 1789 and
during the three following y