第 59 节
作者: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