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.[2309]
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.[2310]
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.[2311] 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.[2312] 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,[2313] 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.[2314] 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.[2315] 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.[2316] 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.[2317]—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.[2318] 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.[2319] 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,[2320] 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 Guard.—
Let us follow these municipal kings into their own domain: the burden on their shoulders is immense, and much beyond what human strength can support. All the details of executive duty are confided to them; they have not to busy themselves with a petty routine, but with a complete social system which is being taken to pieces, while another is reconstructed in its place.—They are in possession of four milliards of ecclesiastical property, real and personal, and soon there will be two and a half milliards of property belonging to the emigrants, which must be sequestered, valued, managed, inventoried, divided, sold, and the proceeds received. They have seven or eight thousand monks and thirty thousand nuns to displace, install, sanction, and provide for. They have forty-six thousand ecclesiastics, bishops, canons, curés, and vicars, to dispossess, replace, often by force, and later on to expel, intern, imprison, and support. They are obliged to discuss, trace out, teach and make public new territorial boundaries, those of the commune, of the district and of the department. They have to convoke, lodge, and protect the numerous primary and secondary Assemblies, to supervise their operations, which sometimes last for weeks. They must install those elected by them, justices of the peace, officers of the National Guard, judges, public prosecutors, curés, bishops, district and departmental administrators. They are to form new lists of tax-payers, apportion amongst themselves, according to a new system of impost, entirely new real and personal taxes, decide on claims, appoint an assessor, regularly audit his accounts and verify his books, aid him with force, use force in the collection of the excise and salt duties, which being reduced, equalized, and transformed in vain by the National Assembly, afford no returns in spite of its decrees. They are obliged to find the funds for dressing, equipping, and arming the National Guard, to step in between it and the military commanders, and to maintain concord between its diverse battalions. They have to protect forests from pillage, communal land from being invaded, to maintain the octroi, to protect former functionaries, ecclesiastics, and nobles, suspected and threatened, and, above all, to provide, no matter how, provisions for the commune which lacks food, and consequently, to raise subscriptions, negotiate purchases at a distance and even abroad, organize escorts, indemnify bakers, supply the market every week notwithstanding the dearth, the insecurity of roads, and the resistance of cultivators.—Even an absolute chief; sent from a distance and from high place, the most energetic and expert possible, supported by the best-disciplined and most obedient troops, would scarcely succeed in such an undertaking; and there is instead only a municipality which has neither the authority, the means, the experience, the capacity, nor the will.
In the country, says an orator in the tribune,[2321] "the municipal officers, in twenty thousand out of forty thousand municipalities, do not know how to read or write." The curé, in effect, is excluded from such offices by law, and, save in La Vendée and the noble is excluded by public opinion. Besides, in many of the provinces, nothing but patois is spoken.[2322] French, especially the philosophic and abstract phraseology of the new laws and proclamations, remains gibberish to their inhabitants. They cannot possibly understand and apply the complicated decrees and fine-spun instructions which reach them from Paris. They hurry off to the towns, get the duties of the office imposed on them explained and commented on in detail, try to comprehend, imagine they do, and then, the following week, come back again without having understood anything, either the mode of keeping state registers, the distinction between feudal rights which are abolished and those retained, the regulations they should enforce in cases of election, the limits which the law imposes as to their powers and subordination. Nothing of all this finds its way into their rude, untrained brains; instead of a peasant who has just left his oxen, there is needed here a legal adept aided by a trained clerk.—Prudential considerations must be added to their ignorance. They do not wish to make enemies for themselves in their commune, and they abstain from any positive action, especially in all tax matters. Nine months after the decree on the patriotic contribution, "twenty-eight thousand municipalities are overdue, not having (yet) returned either rolls or estimates."[2323] At the end of January, 1792, "out of forty thousand nine hundred and eleven municipalities, only five thousand four hundred and forty-eight have deposited their registers; two thousand five hundred and eighty rolls only are definitive and in process of collection. A large number have not even begun their sectional statements."[2324]—It is much worse when, thinking that they do understand it, they undertake to do their work. In their minds, incapable of abstraction, the law is transformed and deformed by extraordinary interpretations. We shall see what it becomes when it is brought to bear on feudal dues, on the forests, on communal rights, on the circulation of corn, on the taxes on provisions, on the supervision of the aristocrats, and on the protection of persons and property. According to them, it authorizes and invites them to do by force, and at once, whatever they need or desire for the time being.—The municipal officers of the large boroughs and towns, more acute and often able to comprehend the decrees, are scarcely in a better condition to carry them out effectively. They are undoubtedly intelligent, inspired by the best disposition, and zealous for the public welfare. During the first two years of the Revolution it is, on the whole, the best informed and most liberal portion of the bourgeoisie which, in the department as in the district, undertakes the management of affairs. Almost all are men of the law, advocates, notaries, and attorneys, with a small number of the old privileged class imbued with the same spirit, a canon at Besançon, a gentleman at Nîmes. Their intentions are of the very best; they love order and liberty, they give their time and their money, they hold permanent sessions and accomplish an incredible amount of work, and they often voluntarily expose themselves to great danger.—But they are bourgeois philosophers, and, in this latter particular, similar to their deputies in the National Assembly, and, with this twofold character, as incapable as their deputies of governing a disintegrated nation. In this twofold character they are ill-disposed towards the ancient régime, hostile to Catholicism and feudal rights, unfavorable to the clergy and the nobility, inclined to extend the bearing and exaggerate the rigor of recent decrees, partisans of the Rights of Man, and, therefore, humanitarians and optimists, disposed to excuse the misdeeds of the people, hesitating, tardy and often timid in the face of an outbreak—in short, admirable writers, exhorters, and reformers, but good for nothing when it comes to breaking heads and risking their own bones. They have not been brought up in such a way as to become men of action in a single day. Up to this time they have always lived as passive administrators, as quiet individuals, as studious men and clerks, domesticated, conversational, and polished, to whom words concealed facts, and who, on their evening promenade, warmly discussed important principles of government, without any consciousness of the practical machinery which, with a police-system for its ultimate wheel, rendered themselves, their promenade, and their conversation perfectly secure. They are not imbued with that sentiment of social danger which produces the veritable chief; the man who subordinates the emotions of pity to the exigencies of the public service. They are not aware that it is better to mow down a hundred conscientious citizens rather than let them hang a culprit without a trial. Repression, in their hands, is neither prompt, rigid, nor constant. They continue to be in the Hôtel-de-Ville what they were when they went into it, so many jurists and scribes, fruitful in proclamations, reports, and correspondence. Such is wholly their role, and, if any amongst them, with more energy, desires to depart from it, he has no hold on the commune which, according to the Constitution, he has to direct, and on that armed force which is entrusted to him with a view to insure the observance of the laws.