the term of their service and for two years afterwards. This is because fears are entertained that they might be corrupted through contact with the Court, and, again, whoever the ministers might be, there is no disposition to accept their ascendancy.2303 If one of them is admitted into the Assembly it is not for the purpose of giving advice, but to furnish information, reply to interrogatories, and make protestations of his zeal in humble terms and in a dubious position.2304 By virtue of being a royal agent he is under suspicion like the King himself, and he is sequestered in his bureau as the King is sequestered in his palace.—Such is the spirit of the Constitution: by force of the theory, and the better to secure a separation of the powers,2305 a common understanding between them is for ever rendered impossible, and to make up for this impossibility there remains nothing but to make one the master and the other the clerk.
This they did not fail to do, and for greater security, the latter is made an honorary clerk, The executive power is conferred on him nominally and in appearance; he does not possess it in fact, care having been taken to place it in other hands.—In effect, all executive agents and all secondary and local powers are elective. The King has no voice, directly or indirectly, in the choice of judges, public prosecutors, bishops, curés, collectors and assessors of the taxes, commissaries of police, district and departmental administrators, mayors, and municipal officers. At most, should an administrator violate a law, he may annul his acts and suspend him; but the Assembly, the superior power, has the right to cancel this suspension.—As to the armed force, of which he is supposed to be the commander-in-chief, this escapes from him entirely: the National Guard is not to receive orders from him; the gendarmerie and the troops are bound to respond to the requisitions of the municipal authorities, whom the King can neither select nor displace: in short, local action of any kind—that is to say, all effective action—is denied to him.—The executive instrument is purposely destroyed. The connection which existed between the wheels of the extremities and the central shaft is broken, and henceforth, incapable of distributing its energy, this shaft, in the hands of the monarch, stands still or else turns to no purpose. The King, "supreme head of the general administration, of the army, and of the navy, guardian of public peace and order, hereditary representative of the nation," is without the means, in spite of his lofty titles, of directly applying his pretended powers, of causing a schedule of assessments to be drawn up in a refractory commune, of compelling payment by a delinquent tax-payer, of enforcing the free circulation of a convoy of grain, of executing the judgment of a court, of suppressing an outbreak, or of securing protection to persons and property. For he can bring no constraint to bear on the agents who are declared to be subordinate to him; he has no resources but those of warning and persuasion. He sends to each Departmental Assembly the decrees which he has sanctioned, requesting it to transmit them and cause them to be carried out; he receives its correspondence and bestows his censure or approval—and that is all. He is merely a powerless medium of communication, a herald or public advertiser, a sort of central echo, sonorous and empty, to which news is brought, and from which laws depart, to spread abroad like a common rumor. Such as he is, and thus diminished, he is still considered to be too strong. He is deprived of the right of pardon, "which severs the last artery of monarchical government."2306 All sorts of precautions are taken against him. He cannot declare war without a decree of the Assembly; he is obliged to bring war to an end on the decree of the Assembly; he cannot make a treaty of peace, an alliance, or a commercial treaty, without the ratification of these by the Assembly. It is expressly declared that he is to nominate but two-thirds of the rear-admirals, one-half of the lieutenant-generals, field-marshals, captains of Vessels and colonels of the gendarmerie, one-third of the colonels and lieutenant-colonels of the line, and a sixth of the naval lieutenants. He must not allow troops to stay or pass within 30,000 yards of the Assembly. His guard must not consist of more than 1,800 men, duly verified, and protected against his seductions by the civil oath. The heir-presumptive must not leave the country without the Assembly's assent. It is the Assembly which is to regulate by law the education of his son during minority.—All these precautions are accompanied with threats. There are against him five possible causes of dethronement; against his responsible Ministers, eight causes for condemnation to from twelve to twenty years of constraint, and eight grounds for condemnations to death.2307 Everywhere between the lines of the Constitution, we read the constant disposition to assume an attitude of defense, the secret dread of treachery, the conviction that executive power, of whatever kind, is in its nature inimical to the public welfare.—For withholding the nomination of judges, the reason alleged is that "the Court and the Ministers are the most contemptible portion of the nation."2308 If the nomination of Ministers is conceded, it is on the ground that" Ministers appointed by the people would necessarily be too highly esteemed." The principle is that "the legislative body alone must possess the confidence of the people," that royal authority corrupts its depository, and that executive power is always tempted to commit abuses and to engage in conspiracies. If it is provided for in the Constitution it is with regret, through the necessity of the case, and on the condition of its being trammeled by impediments; it will prove so much the less baneful in proportion as it is restrained, guarded, threatened, and denounced.—A position of this kind is manifestly intolerable; and only a man as passive as Louis XVI. could have put up with it. Do what he will, however, he cannot make it a tenable one. In vain does he scrupulously adhere to the Constitution, and fulfill it to the letter. Because he is powerless the Assembly regards him as lukewarm, and imputes to him the friction of the machine which is not under his control. If he presumes once to exercise his veto it is rebellion, and the rebellion of an official against his superior, which is the Assembly; the rebellion of a subject against his Sovereign, which is the people. In this case dethronement is proper, and the Assembly has only to pass the decree; the people have simply to execute the act, and the Constitution ends in a Revolution.—A piece of machinery of this stamp breaks down through its own movement. In conformity with the philosophic theory the two wheels of government must be separated, and to do this they have to be disconnected and isolated one from the other. In conformity with the popular creed, the driving-wheel must be subordinated and its influence neutralized: to do this it is necessary to reduce its energy to a minimum, break up its connections, and raise it up in the air to turn round like a top, or to remain there as an obstacle to something else. It is certain that, after much ill-usage as a plaything, it will finally be removed as a hindrance.
II.—The Creation Of Popular Democracy.
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
