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
