第 61 节
作者:开了      更新:2021-02-18 23:01      字数:9321
  the spot and under the hands of its subordinates。  It loses its
  prestige and independence when those who create it are precisely
  those who have to submit to it。  For; in submitting to it; they
  remember that they have created it。  This or that candidate among
  them who has but lately solicited their suffrages is now a
  magistrate who issues orders; and this sudden transformation is
  their work。  It is with difficulty that they pass from the role of
  sovereign electors to that of docile subjects of the administration;
  and recognize a commander in one of their own creatures。'25' On the
  contrary; they will submit to his control only in their own fashion;
  reserving to themselves in practice the powers the right to which
  they have conferred on him。
  〃We gave him his place; and he must do as we want him to do;〃
  Such popular reasoning is the most natural in the world。  It is as
  applicable to the municipal officer wearing his scarf as to the
  officer in the National Guard wearing his epaulettes; the former as
  well as the latter being conferred by the arbitrary voice of the
  electors; and always seeming to them a gift which is revocable at
  their pleasure。  The superior always; and more particularly in times
  of danger or of great public excitement; seems; if directly
  appointed by those whom he commands; to be their clerk。 … Such is
  municipal authority at this epoch; intermittent; uncertain; and
  weak; and all the weaker because the sword; whose hilt the men of
  the H?tel…de…Ville seem to hold; does not always leave its scabbard
  at their bidding。  They alone are empowered to summon the National
  Guard; but it does not depend on them; and it is not at their
  disposal。  To obtain its support it is needful that its independent
  chiefs should be willing to respond to their requisition; that the
  men should willingly obey their elected officers; that these
  improvised soldiers should consent to quit their plow; their stores;
  their workshops and offices; to lose their day; to patrol the
  streets at night; to be pelted with stones; to fire on a riotous
  crowd whose enmities and prejudices they often share。  Undoubtedly;
  they will fire on some occasions; but generally they will remain
  quiet; with their arms at rest; and; at last; they will grow weary
  of a trying; dangerous; and constant service; which is disagreeable
  to them; and for which they are not fitted。  They will not answer
  the summons; or; if they do; they will come too late; and in too
  small a number。  In this event; the regulars who are sent for; will
  do as they do and remain quiet; following their example; while the
  municipal magistrate; into whose hands the sword has glided; will be
  able to do no more than make grievous reports; to his superiors of
  the department or district; concerning the popular violence of which
  he is a powerless witness。 … In other cases; and especially in the
  country; his condition is worse。  The National Guard; preceded by
  its drums; will come and take him off to the town hall to authorize
  by his presence; and to legalize by his orders; the outrages that it
  is about to commit。  He marches along seized by the collar; and
  affixes his signature at the point of the bayonet。  In this case not
  only is his instrument taken away from him; but it is turned against
  of holding it by the hilt; he feels the point: the armed force which
  he ought to make use of makes use of him。
  IV。  On Universal Suffrage。
  The National Guard as electors。 … Its great power。… Its important
  task。 … The work imposed on active citizens。 … They avoid it。
  Behold; then; the true sovereign; the elector; both National Guard
  and voter。  They are the kings designed by the Constitution; there
  he is; in every hierarchical stage; with his suffrage; with which to
  delegate authority; and his gun to assure its exercise。 … Through
  his free choice he creates all local powers; intermediary; central;
  legislative; administrative; ecclesiastical; and judiciary。  He
  appoints directly; and in the primary assemblies; the mayor; the
  municipal board; the public prosecutor and council of the commune;
  the justice of the peace and his assessors; and the electors of the
  second degree。  Indirectly; and through these elected electors; he
  appoints the administrators and procureurs…syndics of both district
  and department; the civil and criminal judges; the public
  prosecutor; bishops; and priests; the members of the National
  Assembly and jurors of the higher National Court'26'。  All these
  commissions which he issues are of short date; the principal ones;
  those of municipal officer; elector; and deputy; having but two
  years to run; at the end of this brief term their recipients are
  again subject to his vote; in order that; if he is displeased with
  them; he may replace them by others。  He must not be fettered in his
  choice; in every well…conducted establishment the legitimate
  proprietor must be free easily and frequently to renew his staff of
  clerks。  He is the only one in whom confidence can be placed; and;
  for greater security; all arms are given up to him。  When his clerks
  wish to employ force he is the one to place it at their disposal。
  Whatever he desired as elector he executes as National Guard。  On
  two occasions he interferes; both times in a decisive manner; and
  his control over the legal powers is irresistible because these are
  born out of his vote and are obeyed only through his support。 … But
  these rights are; at the same time; burdens。  The Constitution
  describes him as an 〃active citizen;〃 and this he eminently is or
  should be; since public action begins and ends with him; since
  everything depends on his zeal and capacity; since the machine is
  good and only works well in proportion to his discernment;
  punctuality; calmness; firmness; discipline at the polls; and in the
  ranks。  The law requires his services incessantly day and night; in
  body and mind; as gendarme and as elector。 … How burdensome this
  service of gendarme must be; can be judged by the number of riots。
  How burdensome that of elector must be; the list of elections will
  show。
  In February; March; April; and May; 1789; there are prolonged parish
  meetings; for the purpose of choosing electors and writing out
  grievances; also bailiwick meetings of still longer duration to
  choose deputies and draw up the memorial。  During the months of July
  and August; 1789; there are spontaneous gatherings to elect or
  confirm the municipal bodies; other spontaneous meetings by which
  the militia is formed and officered; and then; following these;
  constant meetings of this same militia to fuse themselves into a
  National Guard; to renew officers and appoint deputies to the
  federative assemblies。  In December; 1789; and January; 1790; there
  are primary meetings; to elect municipal officers and their
  councils。  In May; 1790; there are primary and secondary meetings;
  to appoint district and departmental administrators。  In October;
  1790; there are primary meetings; to elect the justice of the peace
  and his assessors; also secondary meetings; to elect the district
  courts。  In November; 1790; there are primary meetings; to renew
  one…half of the municipal bodies。  In February and March; 1791;
  there are secondary meetings; to nominate the bishop and curés。  In
  June; July; August; September; 1791; there are primary and secondary
  meetings; to renew one…half of the district and departmental
  administrators; to nominate the president; the public prosecutor;
  and the clerk of the criminal court; and to choose deputies。  In
  November; 1791; there are primary meetings to renew one…half of the
  municipal council。  Observe that many of these elections drag along
  because the voters lack experience; because the formalities are
  complicated; and because opinions are divided。  In August and
  September; 1791; at Tours; they are prolonged for thirteen days;'27'
  at Troyes; in January; 1790; instead of three days they last for
  three weeks; at Paris; in September and October; 1791; only for the
  purpose of choosing deputies; they last for thirty…seven days; in
  many places their proceedings are contested; annulled; and begun
  over again。  To these universal gatherings; which put all France in
  motion; we must add the local gatherings by which a commune approves
  or gainsays its municipal officers; makes claims on the department;
  on the King; or on the Assembly; demands the maintenance of its
  parish priest; the provisioning of its market; the arrival or
  dispatch of a military detachment; … and think of all that these
  meetings; petitions; and nominations presuppose in the way of
  preparatory committees and preliminary meetings and debates! Every
  public representation begins with rehearsals in secret session。  In
  the choice of a candidate; and; above all; of a list of candidates;
  in the appointment in each commune of from three to twenty…one
  municipal officers; and from six to forty…two notables; in the
  selec