for those who subordinate their private interests to it, and who find it of personal advantage; every village contains five or six men of this class, every borough twenty or thirty, every town its hundreds and Paris its many thousands.2332 These are veritable active citizens They alone give all their time and attention to public matters, correspond with the newspapers and with the deputies at Paris, receive and spread abroad the party watchword on every important question, hold caucuses, get up meetings, make motions, draw up addresses, overlook, rebuke, or denounce the local magistrates, form themselves into committees, publish and push candidates, and go into the suburbs and the country to canvass for votes. They hold the power in recompense for their labor, for they manage the elections, and are elected to office or provided with places by the successful candidates. There is a prodigious number of these offices and places, not only those of officers of the National Guard and the administrators of the commune, the district, and the department, whose duties are gratuitous, or little short of it, but a quantity of others which are paid,2333—eighty-three bishops, seven hundred and fifty deputies, four hundred criminal judges, three thousand and seven civil judges, five thousand justices of the peace, twenty thousand assessors forty thousand communal collectors, forty-six thousand curés, without counting the accessory or insignificant places which exist by tens and hundreds of thousands, from secretaries, clerks, bailiffs and notaries, to gendarmes, constables, office-clerks, beadles, grave-diggers, and keepers of sequestered goods. The pasture is vast for the ambitious; it is not small for the needy, and they seize upon it. Such is the rule in pure democracies: hence the swarm of politicians in the United States. When the law incessantly calls all citizens to political action, there are only a few who devote themselves to it; these become expert in this particular work, and, consequently, preponderant. But they must be paid for their trouble, and the election secures to them their places because they manage the elections.
Two sorts of men furnish the recruits for this dominant minority: on the one hand the enthusiasts, and on the other those who have no social position. Towards the end of 1789, moderate people, who are minding their own business, retire into privacy, and are daily less disposed to show themselves. The public square is occupied by others who, through zeal and political passion, abandon their pursuits, and by those who, finding themselves hampered in their social sphere, or repelled from ordinary circles, were merely awaiting a new opening to take a fresh start. In these utopian and revolutionary times, there is no lack of either class. Flung out by handfuls, the dogma of popular sovereignty falls like a seed scattered around, to end up vegetating in heated brains, in the narrow and rash minds which, once possessed by an idea, adhere to it and are mastered by it. It falls amongst a class of reasoners who, starting from a principle, dash forward like a horse who has had blinders put on. This is especially the case with the legal class, whose profession accustoms them to deductions; nor less with the village attorney, the unfrocked monk, the "intruding" and excommunicated curé, and above all, the journalist and the local orator, who, for the first time in his life, finds that he has an audience, applause, influence and a future before him. These are the only people who can do the complicated and constant work which the new Constitution calls for; for they are the only men whose desires are unlimited, whose dreams are coherent, whose doctrine is explicit, whose enthusiasm is contagious, who cherish no scruples, and whose presumption is unbounded. Thus has the rigid will been wrought and tempered within them, the inward spring of energy which, being daily more tightly wound up, urges them on to propaganda and to action.—During the second half of the year 1790 we see them everywhere following the example of the Paris Jacobins, styling themselves friends of the Constitution, and grouping themselves together in popular associations. Each town and village gives birth to a club of patriots who regularly every evening, or several times a week, meet "for the purpose of co-operating for the safety of the commonwealth."2334 This is a new and spontaneous organ,2335 an cancer and a parasite, which develops itself in the social body alongside of its legal organizations. Its growth insensibly increases, attracting to itself the substance of the others, employing them for its own ends, substituting itself for them, acting by and for itself alone, a sort of omnivorous outgrowth the encroachment of which is irresistible, not only because circumstances and the working of the Constitution nourish it, but also because its germ, deposited at a great depth, is a living portion of the Constitution itself.
For, placed at the head of the Constitution, as well as of the decrees which are attached to it, stands the Declaration of the Rights of Man. According to this, and by the avowal of the legislators themselves, there are two parts to be distinguished in the law, the one superior, eternal, inviolable, which is the self-evident principle, and the other inferior, temporary, and open to discussion, which comprehends more or less exact or erroneous applications of this principle. No application of the law is valid if it derogates from the principle. No institution or authority is entitled to obedience if it is opposed to the rights which it aims to guarantee. These sacred rights, anterior to all society, take precedence of every social convention, and whenever we would know if a legal order is legitimate, we have merely to ascertain if it is in conformity with natural right. Let us, accordingly, in every doubtful or difficult case, refer to this philosophic gospel, to this incontestable catechism, this primordial creed proclaimed by the National Assembly.—The National Assembly itself invites us to do so. For it announces that
"ignorance, neglect, or contempt of the rights of man are the sole causes of public misfortune, and of the corruption of governments."
It declares that
"the object of every political association is the preservation of natural and imprescriptible rights."
It enumerates them, "in order that the acts of legislative power and the acts of executive power may at once be compared with the purpose of every political institution." It desires "that every member of the social body should have its declaration constantly in mind."—Thus we are told to control all acts of application by the principle, and also we are provided with the rule by which we may and should accord, measure, or even refuse our submission to, deference for, and toleration of established institutions and legal authority.
What are these superior rights, and, in case of dispute, who will decide as arbitrator?—There is nothing here like the precise declarations of the American Constitution,2336 those positive prescriptions which serve to sustain a judicial appeal, those express prohibitions which prevent beforehand certain species of laws from being passed, which prescribe limits to public powers, which mark out the province not to be invaded by the State because it is reserved to the individual.
On the contrary, in the declaration of the national Assembly, most of the articles are abstract dogmas,2337 metaphysical definitions, more or less literary axioms, that is to say, more or less false, now vague and now contradictory, open to various interpretations and to opposite constructions, These are good for platform display but bad in practice, mere stage effect, a sort of pompous standard, useless and heavy, which, hoisted in front of the Constitutional house and shaken every day by violent hands, cannot fail soon to tumble on the heads of passers by.2338—Nothing is done to ward off this visible danger. There is nothing here like that Supreme Court which, in the United States, guards the Constitution even against its Congress, and which, in the name of the Constitution, actually invalidates a law, even when it has passed through all formalities and been voted on by all the powers; which listens to the complaints of the individual affected by an unconstitutional law; which stays the sheriff's or collector's hand raised against him, and which above their heads gives judgment on his interests and wrongs. Ill-defined and discordant laws are proclaimed without any provision being made for their interpretation, application or sanction. No means are taken to have them specially expounded. No district tribunal is assigned to consider the claims which grow out of them, to put an end
