Quality of municipal and general councilors under the
Consulate and the Empire.—Object of their meetings.—Limits
of their power.—Their real role.—Role of the prefect and
of the government.
Observe the selections which he imposes on himself beforehand; these selections are those to which he has tied down the electoral bodies. Being the substitute of these bodies, he takes, as they do, general councilors from those in the department who pay the most taxes, and municipal councilors from those most taxed in the canton. One the other hand, by virtue of the municipal law, it is from the municipal councilors that he chooses the mayor. Thus the local auxiliaries and agents he employs are all notables of the place, the leading landowners and largest manufacturers and merchants. He systematically enrolls the distributors of labor on his side, all who, through their wealth and residence, through their enterprises and expenditure on the spot, exercise local influence and authority. In order not to omit any of these, and be able to introduce into the general council this or that rich veteran of the old régime, or this or that parvenu of the new régime who is not rich, he has reserved to himself the right of adding twenty eligible members to the list, "ten of which must be taken from among citizens belonging to the Legion of Honor, or having rendered important services, and ten taken from among the thirty in the department who pay the most taxes." In this way none of the notables escape him; he recruits them as he pleases and according to his needs, now among men of the revolution who he does not want to see discredited or isolated,[4124] now among men of the old monarchy whom he wants to rally to himself by favor or by force. Such is the Baron de Vitrolles,[4125] who, without asking for the place, becomes mayor of Versailles and councilor-general in Basses-Alps, and then, a little later, at his peril, inspector of the imperial sheepfolds. Such is the Count de Villèle, who, on returning to his estate of Morville, after an absence of fourteen years, suddenly, "before having determined where he would live, either in town or in the country," finds himself mayor of Morville. To make room for him, his predecessor is removed and the latter, "who, since the commencement of the Revolution, has performed the functions of mayor," is let down to the post of assistant. Shortly after this the government appoints M. de Villèle president of the cantonal assembly. Naturally the assembly, advised underhandedly, presents him as a candidate for the general council of Haute-Garonne, and the government places him in that office.—"All the notable land-owners of the department formed part of this council, and the Restoration still found us there seven years afterwards. General orders evidently existed, enjoining the prefects to give preference in their choice to the most important land-owners in the country." Likewise, Napoleon everywhere selects the mayors from the rich and well-to-do class"; in the large towns he appoints only "people with carriages."[4126] Many of them in the country and several in the towns are legitimists[4127], at least at heart, and Napoleon knows it; but, as he says; "these folks do not want the earthquake"; they are too much interested, and too personally, in the maintenance of order.[4128] Moreover, to represent his government, he needs decorative people; and it is only these who can be so gratis, be themselves, look well, at their own expense, and on the spot. Besides, they are the most informed, the best able to supervise accounts, to examine article by article the budgets of the department and commune, to comprehend the necessity of a road and the utility of a canal, to offer pertinent observations, to proclaim wise decisions, to obey orders as discreet and useful collaborators. All this they will not refuse to do if they are sensible people. In every form of government, it is better to be with the governors than with the governed, and in this case, when the broom is wielded from above and applied so vigorously and with such meticulousness to everybody and everything, it is well to be as near the handle as possible.
And what is still better, they will volunteer, especially at the beginning, if they are good people. For, at least during the first years, one great object of the new government is the re-establishment of order in the local as well as in the general administration. It is well-disposed and desires to mend matters; it undertakes the suppression of robbery, theft, embezzlement, waste, premeditated or unintentional arrogation of authority, extravagance, negligence and failure.
"Since 1790,"[4129] says the First Consul to the minister of the interior, "the 36,000 communes represent, in France, 36,000 orphans. .. girls abandoned or plundered during ten years by their municipal guardians, appointed by the Convention and the Directory. In changing the mayors, assistants, and councilors of the commune, scarcely more has been done than to change the mode of stealing; they have stolen the communal highway, the by-roads, the trees, and have robbed the Church;[4130] they have stolen the furniture belonging to the commune and are still stealing under the spineless municipal system of year VIII."
All these abuses are investigated and punished;[4131] he thieves are obliged to restore and will steal no more. The county budget, like of the State, must now be prepared every year,[4132] with the same method, precision, and clearness, receipts on one side and expenses on the other, each section divided into chapters and each chapter into articles, the state of the liabilities, each debt, the state of the assets and a tabular enumeration of distinct resources, available capital and unpaid claims, fixed income and variable income, certain revenue and possible revenue. In no case must "the calculation of presumable expenditure exceed the amount of presumable income." In no case must "the commune demand or obtain an extra tax for its ordinary expenses." Exact accounts and rigid economy, such are everywhere indispensable, as well as preliminary reforms, when a badly kept house has to be transformed into one which is kept in good order. The First Consul has at heart these two reforms and he adheres to them. Above all there must be no more indebtedness; now, more than one-half of the communes are in debt. "Under penalty of dismissal, the prefect is to visit the communes at least twice a year, and the sub-prefect four times a year.[4133] A reward must be given to mayors who free their commune of debt in two years, and the government will appoint a special commissioner to take charge of the administration of a commune which, after a delay of five years, shall not be liberated. The fifty mayors who, each year, shall have most contributed to unencumber their commune and assure that is has resources available, shall be summoned to Paris at the expense of the State, and presented in solemn session to the three consults. A column, raised at the expense of the government and placed at the principal entrance of the town or village, will transmit to posterity the mayor's name, and, besides, this inscription: 'To the guardian of the commune, a grateful country.'"
Instead of these semi-poetic honors adapted to the imaginations of the year VIII, take the positive honors adapted to the imaginations of the year XII, and the following years, brevets and grades, decorations of the Legion d'Honneur, the titles of chevalier, baron, and count,[4134] presents and endowments,—the rewards offered to the representatives of local society, the same as to the other functionaries, but on the same condition that they will likewise be functionaries, that is to say, tools in the hands of the government. In this respect, every precaution is taken, especially against those who, forming a collective body, may be tempted to consider themselves a deliberative assembly, such as municipal and general councils, less easily handled than single individuals and, at times, capable of not being quite so docile. None of these can hold sessions of more than fifteen days in the year; each must accept its budget of receipts and expenses, almost complete and ready made, from the prefecture. In the way of receipts, its powers consist wholly in voting certain additional and optional centimes, more or less numerous, at will, "within the limits established by law";[4135] again, even within these limits, its decision can be carried out only after an examination and approval at the prefecture. There is the same regulation in regard to expenses; the council, indeed, municipal or general, is simply consultative; the government delegates the mayor, sub-prefect, or prefect, who prescribes what must be done. As the preliminary steps are taken by him, and he has constant direction of the local council for two weeks, and finally the right of confirmation, he controls it, and then for eleven months and a half, having sole charge of the daily and consecutive execution of its acts, he reigns in the local community. Undoubtedly, having received and expended money for the community, he is accountable and will present his yearly accounts at the following session; the law says[4136] that in the commune, "the municipal council shall listen to and may discuss the account of municipal receipts and expenses." But read the text through to the end, and note the part which the law, in this case, assigns to the municipal council. It plays the part of the chorus in the antique tragedy: it attends, listens, approves, or disapproves, in the background and subordinate, approved or rebuked, the principal actors remain in charge and do as they please; they grant or dispute over its head, independently, just as it suits them. In effect, it is not to the municipal council that the mayor renders his accounts, but "to the sub-prefect, who finally passes them," and gives him his discharge. Whatever the council may say, the approval is valid; for greater security, the prefect, if any councilor proves refractory, "may suspend from his functions" a stubborn fellow like him, and restore in the council the unanimity which has been partially disturbed.—In the department, the council-general must likewise "listen" to the accounts for the year; the law, owing to a significant omission, does not say that is may discuss them. Nevertheless, a circular of the year IX requests it to "make every observation on the use of the additional centimes" which the importance of the subject demands, to verify whether each sum debited to expenses has been used for the purpose assigned to it, and even "to reject expenses, stating the reasons for this decision, which have not been sufficiently justified." And better still, the minister, who is a liberal, addresses a systematic series of questions to the general councils, on all important matters,[4137] "agriculture, commerce, and manufactures, asylums and public charities, public roads and other works, public instruction, administration properly so called, state of the number of population, public spirit and opinions," collecting and printing their observations and desires. After the year IX, however, this publication stops; it renders the general councils too important; it might rally the entire population of the department to them and even of all France that could read; it might hamper the prefect and diminish his ascendancy. From now on, it is the prefect alone who replies to these questions, and of which the government gives an analysis or tables of statistics;[4138] then, the publication of these ceases; decidedly, printing always has its drawbacks—manuscript reports are much better; local affairs are no longer transacted outside the bureaus, and are managed with closed doors; any report that might spread outside the prefect's cabinet or that of the minister, is carefully toned down or purposely stifled, and, under the prefect's thumb, the general council becomes an automaton.
In private, dealing directly with the Emperor's representative, it appears as if one is dealing directly with the Emperor. Consider these few words—in the presence of the Emperor; they carry an immeasurable weight in the scales of contemporaries. For them, he has every attribute of Divinity, not only omnipotence and omnipresence, but again omniscience, and, if he speaks to them, what they feel far surpasses what they imagine. When he visits a town and confers with the authorities of the place on the interests of the commune or department, his interlocutors are bewildered; they find him as well informed as themselves, and more clear-sighted; it is he who explains their affairs to them. On arriving the evening before, he calls for the summaries of facts and figures, every positive and technical detail of information, reduced and classified according to the method taught by himself and prescribed to his administrators.[4139] During the night he has read all this over and mastered it; in the morning, at dawn, he has taken his ride on horseback; with extraordinary promptness and accuracy, his topographical glance has discerned "the best direction for the projected canal, the best site for the construction of a factory, a harbor, or a dike."[4140] To the difficulties which confuse the best brains in the country, to much debated, seemingly insoluble, questions, he at once presents the sole practical solution; there it is, ready at hand, and the members of the local council had not seen it; he makes them touch it with their fingers. They stand confounded and agape before the universal competence of this wonder genius. "He's more than a man" exclaimed the administrators of Dusseldorf to Beugnot.[4141] "Yes," replied Beugnot, "he's the devil!" In effect, he adds to mental ascendancy the ascendancy of force; we always see beyond the great man in him the terror-striking dominator; admiration begins or ends in fear; the soul is completely subjugated; enthusiasm and servility, under his eye, melt together into one sentiment of impassioned obedience and unreserved submission.[4142] Voluntarily and involuntarily, through conviction, trembling, and fascinated, men abdicate their freedom of will to his advantage. The magical impression remains in their minds after he has departed. Even absent, even with those who have never seen him, he maintains his prestige and communicates it to all who command in his name. Before the prefect, the baron, the count, the councilor of state, the senator in embroidered uniform, gilded and garnished with decorations, every municipal or general council loses his free will and becomes incapable of saying no, only too glad if not obliged to say yes "inopportunely," to enter upon odious and disagreeable undertakings, to simulate at one's own expense, and that of others, excessive zeal and voluntary self-sacrifice, to vote for and hurrah at patriotic subscriptions of which it must contribute the greatest portion and for supplementary conscriptions[4143] which seize their sons that are except or bought out of service.[4144] It allows itself to be managed; it is simply one of the many wheels of our immense machine, one which receives its impulsion elsewhere, and from above, through the interposition of the prefect.—But, except in rare cases, when the interference of the government applies it to violent and oppressive schemes, it is serviceable; fixed in position, and confining itself to turning regularly and noiselessly in its little circle, it may, in general, still render the double service demanded of it in the year IX, by a patriotic minister. According to the definition which Chaptal then gave the general councils, fixing their powers and competence, they exist for two purposes and only two:[4145] they must first "insure to the governed impartiality in the assessment of taxes along with the verification of the use of the latest levies in the payment of local expenses," and next, they must, with discretion and modesty, "obtain for the government the information which alone enables it to provide for the necessities of each department and improve the entire working of the public administration."
VIII. Excellence of Local Government after Napoleon.
The institution remains intact under the Restoration.
—Motives of the governors.—Excellence of the machine.
—Abdication of the administrator.