The Municipal bodies.—Their great task.—Their incapacity.—Their feeble authority.—Insufficiency of their means ofaction.—The role of the National Guard.—
Let us follow these municipal kings into their own domain: the burden on their shoulders is immense, and much beyond what human strength can support. All the details of executive duty are confided to them; they have not to busy themselves with a petty routine, but with a complete social system which is being taken to pieces, while another is reconstructed in its place.—They are in possession of four milliards of ecclesiastical property, real and personal, and soon there will be two and a half milliards of property belonging to the emigrants, which must be sequestered, valued, managed, inventoried, divided, sold, and the proceeds received. They have seven or eight thousand monks and thirty thousand nuns to displace, install, sanction, and provide for. They have forty-six thousand ecclesiastics, bishops, canons, curés, and vicars, to dispossess, replace, often by force, and later on to expel, intern, imprison, and support. They are obliged to discuss, trace out, teach and make public new territorial boundaries, those of the commune, of the district and of the department. They have to convoke, lodge, and protect the numerous primary and secondary Assemblies, to supervise their operations, which sometimes last for weeks. They must install those elected by them, justices of the peace, officers of the National Guard, judges, public prosecutors, curés, bishops, district and departmental administrators. They are to form new lists of tax-payers, apportion amongst themselves, according to a new system of impost, entirely new real and personal taxes, decide on claims, appoint an assessor, regularly audit his accounts and verify his books, aid him with force, use force in the collection of the excise and salt duties, which being reduced, equalized, and transformed in vain by the National Assembly, afford no returns in spite of its decrees. They are obliged to find the funds for dressing, equipping, and arming the National Guard, to step in between it and the military commanders, and to maintain concord between its diverse battalions. They have to protect forests from pillage, communal land from being invaded, to maintain the octroi, to protect former functionaries, ecclesiastics, and nobles, suspected and threatened, and, above all, to provide, no matter how, provisions for the commune which lacks food, and consequently, to raise subscriptions, negotiate purchases at a distance and even abroad, organize escorts, indemnify bakers, supply the market every week notwithstanding the dearth, the insecurity of roads, and the resistance of cultivators.—Even an absolute chief; sent from a distance and from high place, the most energetic and expert possible, supported by the best-disciplined and most obedient troops, would scarcely succeed in such an undertaking; and there is instead only a municipality which has neither the authority, the means, the experience, the capacity, nor the will.
In the country, says an orator in the tribune,2321"the municipal officers, in twenty thousand out of forty thousand municipalities, do not know how to read or write." The curé, in effect, is excluded from such offices by law, and, save in La Vendée and the noble is excluded by public opinion. Besides, in many of the provinces, nothing but patois is spoken.2322French, especially the philosophic and abstract phraseology of the new laws and proclamations, remains gibberish to their inhabitants. They cannot possibly understand and apply the complicated decrees and fine-spun instructions which reach them from Paris. They hurry off to the towns, get the duties of the office imposed on them explained and commented on in detail, try to comprehend, imagine they do, and then, the following week, come back again without having understood anything, either the mode of keeping state registers, the distinction between feudal rights which are abolished and those retained, the regulations they should enforce in cases of election, the limits which the law imposes as to their powers and subordination. Nothing of all this finds its way into their rude, untrained brains; instead of a peasant who has just left his oxen, there is needed here a legal adept aided by a trained clerk.—Prudential considerations must be added to their ignorance. They do not wish to make enemies for themselves in their commune, and they abstain from any positive action, especially in all tax matters. Nine months after the decree on the patriotic contribution, "twenty-eight thousand municipalities are overdue, not having (yet) returned either rolls or estimates."2323At the end of January, 1792, "out of forty thousand nine hundred and eleven municipalities, only five thousand four hundred and forty-eight have deposited their registers; two thousand five hundred and eighty rolls only are definitive and in process of collection. A large number have not even begun their sectional statements."2324—It is much worse when, thinking that they do understand it, they undertake to do their work. In their minds, incapable of abstraction, the law is transformed and deformed by extraordinary interpretations. We shall see what it becomes when it is brought to bear on feudal dues, on the forests, on communal rights, on the circulation of corn, on the taxes on provisions, on the supervision of the aristocrats, and on the protection of persons and property. According to them, it authorizes and invites them to do by force, and at once, whatever they need or desire for the time being.—The municipal officers of the large boroughs and towns, more acute and often able to comprehend the decrees, are scarcely in a better condition to carry them out effectively. They are undoubtedly intelligent, inspired by the best disposition, and zealous for the public welfare. During the first two years of the Revolution it is, on the whole, the best informed and most liberal portion of the bourgeoisie which, in the department as in the district, undertakes the management of affairs. Almost all are men of the law, advocates, notaries, and attorneys, with a small number of the old privileged class imbued with the same spirit, a canon at Besançon, a gentleman at Nîmes. Their intentions are of the very best; they love order and liberty, they give their time and their money, they hold permanent sessions and accomplish an incredible amount of work, and they often voluntarily expose themselves to great danger.—But they are bourgeois philosophers, and, in this latter particular, similar to their deputies in the National Assembly, and, with this twofold character, as incapable as their deputies of governing a disintegrated nation. In this twofold character they are ill-disposed towards the ancient régime, hostile to Catholicism and feudal rights, unfavorable to the clergy and the nobility, inclined to extend the bearing and exaggerate the rigor of recent decrees, partisans of the Rights of Man, and, therefore, humanitarians and optimists, disposed to excuse the misdeeds of the people, hesitating, tardy and often timid in the face of an outbreak—in short, admirable writers, exhorters, and reformers, but good for nothing when it comes to breaking heads and risking their own bones. They have not been brought up in such a way as to become men of action in a single day. Up to this time they have always lived as passive administrators, as quiet individuals, as studious men and clerks, domesticated, conversational, and polished, to whom words concealed facts, and who, on their evening promenade, warmly discussed important principles of government, without any consciousness of the practical machinery which, with a police-system for its ultimate wheel, rendered themselves, their promenade, and their conversation perfectly secure. They are not imbued with that sentiment of social danger which produces the veritable chief; the man who subordinates the emotions of pity to the exigencies of the public service. They are not aware that it is better to mow down a hundred conscientious citizens rather than let them hang a culprit without a trial. Repression, in their hands, is neither prompt, rigid, nor constant. They continue to be in the Hôtel-de-Ville what they were when they went into it, so many jurists and scribes, fruitful in proclamations, reports, and correspondence. Such is wholly their role, and, if any amongst them, with more energy, desires to depart from it, he has no hold on the commune which, according to the Constitution, he has to direct, and on that armed force which is entrusted to him with a view to insure the observance of the laws.
To insure respect for authority, indeed, it must not spring up on 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.2325On 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 Hôtel-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.
The National Guard as electors.—Its great power.—Itsimportant task.—The work imposed on active citizens.—Theyavoid 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 Court2326. 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;2327at 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 selection of twelve district administrators and thirty-six departmental administrators, especially as the list must be of a double length and contain twice as many officers as there are places to fill, immediate agreement is impossible. In every important election the electors are sure to be in a state of agitation a month beforehand, while four weeks of discussion and caucus is not too much to give to inquiries about candidates, and to canvassing voters. Let us add, accordingly, this long preface to each of the elections, so long and so often repeated, and now sum up the troubles and disturbances, all this loss of time, all the labor which the process demands. Each convocation of the primary assemblies, summons to the town-hall or principal town of the canton, for one or for several days, about three million five hundred thousand electors of the first degree. Each convocation of the assemblies of the second class compels the attendance and sojourn at the principal town of the department, and again in the principal town of the district, of about three hundred and fifty thousand elected electors. Each revision or re-election in the National Guard gathers together on the public square, or subjects to roll-call at the town-hall, three or four millions of National Guards. Each federation, after exacting the same gathering or the same roll-call, sends delegates by hundreds of thousands to the principal towns of the districts and departments, and tens of thousands to Paris.—The powers thus instituted at the cost of so great an effort, require an equal effort to make them work; one branch alone of the administration2328keeps 2,988 officials busy in the departments, 6,950 in the districts, 1,175,000 in the communes—in all, nearly one million two hundred thousand administrators, whose places, as we have seen above, are no sinecures. Never did a political machine require so prodigious an expenditure of force to set it up and keep it in motion. In the United States, where it is now (around 1875) deranged by its own action, it has been estimated that, to meet the intentions of the law and keep each wheel in its proper place, it would be necessary for each citizen to give one whole day in each week, or on-sixth of his time, to public business. In France, under the newly adopted system, where disorder is universal, where the duty of National Guard is added to and complicates that of elector and administrator, I estimate that two days would be necessary. This is what the Constitution comes to, this is its essential and supreme requirement: each active citizen has to give up one-third of his time to public affairs.
Now, these twelve hundred thousand administrators and three or four million electors and National Guards, are just the men in France who have the least leisure. The class of active citizens, indeed, comprises about all the men who labor with their hands or with their heads. The law exempts only domestics devoted to personal service or common laborers who, possessing no property or income, earn less than twenty-one sous a day. Every journeyman-miller, the smallest farmer, every village proprietor of a cottage or of a vegetable-garden, any ordinary workman, votes at the primary meetings, and may become a municipal officer. Again, if he pays ten francs a year direct tax, if he is a farmer or yeomen on any property which brings him in four hundred francs, if his rent is one hundred and fifty francs, he may become an elected elector and an administrator of the district or department. According to this standard the eligible are innumerable; in Doubs, in 1790,2329they form two-thirds of the active citizens. Thus, the way to office is open to all, or almost all, and the law has taken no precaution whatever to reserve or provide places for the elite, who could best fill them. On the contrary, the nobles, the ecclesiastical dignitaries, the members of the parliaments, the grand functionaries of the ancient regime, the upper class of the bourgeoisie, almost all the rich who possess leisure, are practically excluded from the elections by violence, and from the various offices by public opinion: they soon retire into private life, and, through discouragement or disgust, through monarchical or religious scruples, abandon entirely a public career.—The burden of the new system falls, accordingly, on the most occupied portion of the community: on merchants, manufacturers, agents of the law, employees, shopkeepers, artisans, and cultivators. They are the people who must give up one-third of their time already appropriated, neglect private for public business, leave their harvests, their bench, their shop, or their briefs to escort convoys and patrol the highways, to run off to the principal town of the canton, district, or department, and stay and sit there in the town-hall,2330subject to a deluge of phrases and papers, conscious that they are forced to gratuitous drudgery, and that this drudgery is of little advantage to the public.—For the first six months they do it with good grace; their zeal in penning memorials, in providing themselves with arms against "brigands," and in suppressing taxes, rents, and tithes, is active enough. But now that this much is obtained or extorted, decreed as a right, or accomplished in fact, they must not be further disturbed. They need the whole of their time: they have their crops to get in, their customers to serve, their orders to give, their books to make up, their credits to adjust, all which are urgent matters, and neither ought to be neglected or interrupted. Under the lash of necessity and of the crisis they have put their backs to it, and, if we take their word for it, they hauled the public cart out of the mud; but they had no idea of putting themselves permanently in harness to drag it along themselves. Confined as this class has been for centuries to private life, each has his own wheelbarrow to trundle along, and it is for this, before all and above all, that he holds himself responsible. From the beginning of the year 1790 the returns of the votes taken show that as many are absent as present; at Besançon there are only nine hundred and fifty-nine voters out of thirty-two hundred inscribed; four months after this more than one-half of the electors fail to come to the polls;2331and throughout France, even at Paris, the indifference to voting keeps on increasing. Puppets of such an administration as that of Louis XV. and Louis XVI. do not become Florentine or Athenian citizens in a single night. The hearts and heads of three or four millions of men are not suddenly endowed with faculties and habits which render them capable of diverting one-third of their energies to work which is new, disproportionate, gratuitous, and supererogatory.—A fallacy of monstrous duplicity lies at the basis of the political theories of the day and of those which were invented during the following ten years. Arbitrarily, and without any examination, a certain weight and resistance are attributed to the human metal employed. It is found on trial to have ten times less resistance and twenty times more weight than was supposed.
The restless minority.—Its elements.—The clubs.—Theirascendancy.—How they interpret the Rights of Man.—Theirusurpations and violence.
In default of the majority, who shirk their responsibilities, it is the minority which does the work and assumes the power. The majority having resigned, the minority becomes sovereign, and public business, abandoned by the hesitating, weak, and absent multitude, falls into the hands of the resolute, energetic, ever-present few who find the leisure and the disposition to assume the responsibility. In a system in which all offices are elective, and in which elections are frequent, politics becomes a profession 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.2332These 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."2334This is a new and spontaneous organ,2335an 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,2336those 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,2337metaphysical 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 to litigation legally, peacefully, on a last appeal, and through a final decision which becomes a precedent and fixes the loose sense of the text. All this is made the duty of everybody, that is to say of those who are disposed to charge themselves with it,—in other words, the active minority in council assembled.—Thus, in each town or village it is the local club which, by the authorization of the legislator himself, becomes the champion, judge, interpreter and administrator of the rights of man, and which, in the name of these superior rights, may protest or rebel, as it seems best, not only against the legitimate acts of legal powers, but also against the authentic text of the Constitution and the Laws.2339
Consider, indeed, these rights as they are proclaimed, along with the commentary of the speaker who expounds them at the club before an audience of heated and daring spirits, or in the street to the rude and fanatical multitude. Every article in the Declaration is a dagger pointed at human society, and the handle has only to be pressed to make the blade enter the flesh.2340Among "these natural and imprescriptible rights" the legislator has placed "resistance to oppression." We are oppressed: let us resist and take up arms. According to this legislator, "society has the right to bring every public agent of the Administration to account." Let us away to the Hôtel-de-Ville, and interrogate our lukewarm or suspected magistrates, and watch their sessions to see if they prosecute priests and disarm the aristocrats; let us stop their intrigues against the people; let us force these slow clerks to hasten their steps.—According to this legislator "all citizens have the right to take part in person, or through their representatives, in the formation of the law." There must thus be no more electors privileged by their payment of a three-franc tax. Down with the new aristocracy of active citizens! Let us restore to the two millions of proletarians the right of suffrage, of which the Constitution has unjustly defrauded them!—According to this legislator, "men are born and remain free, and equal in their rights." Consequently, let no one be excluded from the National Guard; let everybody, even the pauper, have some kind of weapon, a pike or gun, to defend his freedom!—In the very terms of the Declaration, "the law is the expression of the universal will." Listen to these clamors in the open streets, to these petitions flowing in from the towns on all sides; behold the universal will, the living law which abolishes the written law! On the strength of this the leader of a few clubs in Paris are to depose the King, to violate the Legislative Assembly and decimate the National Convention.—In other terms, the turbulent, factious minority is to supplant the sovereign nation, and henceforth there is nothing to hinder it from doing what it pleases just when it pleases. The operation of the Constitution has given to it the reality of power, while the preamble of the Constitution clothes it with the semblance of right.
Such is the work of the Constituent Assembly. In several of its laws, especially those which relate to private interests, in the institution of civil regulations, in the penal and rural codes,2341in the first attempts at, and the promise of, a uniform civil code, in the enunciation of a few simple regulations regarding taxation, procedure, and administration, it planted good seed. But in all that relates to political institutions and social organization its proceedings are those of an academy of Utopians, and not those of practical legislators.—On the sick body entrusted to it, it performed amputations which were as useless as they were excessive, and applied bandages as inadequate as they were injurious. With the exception of two or three restrictions admitted inadvertently, and the maintenance of the show of royalty, also the obligation of a small electoral qualification, it carried out its principle to the end, the principle of Rousseau. It deliberately refused to consider man as he really was under its own eyes, and persisted in seeing nothing in him but the abstract being created in books. Consequently, with the blindness and obstinacy characteristic of a speculative surgeon, it destroyed, in the society submitted to its scalpel and its theories, not only the tumors, the enlargements, and the inflamed parts of the organs, but also the organs themselves, and even the vital governing centers around which cells arrange themselves to recompose an injured organ. That is, the Assembly destroyed on the one hand the time-honored, spontaneous, and lasting societies formed by geographical position, history, common occupations and interests, and on the other, those natural chiefs whose name, repute, education, independence, and earnestness designated them as the best qualified to occupy high positions. In one direction it despoils and permits the ruin and proscription of the superior class, the nobles, the members of Parliament, and the upper middle class. In another it dispossesses and breaks up all historic or natural corporations, religious congregations, clerical bodies, provinces, parliaments, societies of art and of all other professions and pursuits. This done, every tie or bond which holds men together is found to be severed; all subordination and every graduated scale of rank have disappeared. There is no longer rank and file, or commander-in-chief. Nothing remains but individual particles, 26 millions of equal and disconnected atoms. Never was so much disintegrated matter, less capable of resistance, offered to hands undertaking to mold it. Harshness and violence will be sufficient to ensure success. These brutal hands are ready for the work, and the Assembly which has reduced the material to powder has likewise provided the mortar and pestle. As awkward in destruction as it is in construction, it invents for the restoration of order in a society which is turned upside down a machine which would, of itself, create disorder in a tranquil society. The most absolute and most concentrated government would not be strong enough to effect without disturbance a similar equalization of ranks, the same dismemberment of associations, and the same displacement of property. No social transformation can be peacefully accomplished without a well-commanded army, obedient and everywhere present, as was the case in the emancipation of the Russian serfs by Emperor Alexander. The new Constitution,2342on the contrary, reduces the King to the position of an honorary president, suspected and called in question by a disorganized State. Between him and the legislative body it interposes nothing but sources of conflict, and suppresses all means of concord. The monarch has no hold whatever on the administrative departments which he must direct; the mutual independence of the powers, from the center to the extremities of the State, everywhere produces indifference, negligence, and disobedience between the injunctions issued and their execution. France is a federation of forty thousand municipal sovereignties, in which the authority of legal magistrates varies according to the caprice of active citizens. These active citizens, too heavily loaded, shy away from the performance of public duty; in which a minority of fanatics and ambitious men monopolize the right to speak, to vote, all influence, the power and all action. They justify their multiple ursurpations, their unbridled despotism, and their increasing encroachments by the Declaration of the Rights of Man. The masterpiece2343of ideal abstractions and of practical absurdities is accomplished. In accordance with the Constitution spontaneous anarchy becomes legalized anarchy. The latter is perfect; nothing finer of the kind has been seen since the ninth century.
2301 (return)[ The name for the dreaded secret Royal warrant of arrest. (SR.)]
2302 (return)[ The initiative rests with the King on one point: war cannot be decreed by the Assembly except on his formal and preliminary proposition. This exception was secured only after a violent struggle and a supreme effort by Mirabeau.]
2303 (return)[ Speech by Lanjuinais, November 7, 1789. "We determined on the separation of the powers. Why, then, should the proposal he made to us to unite the legislative power with the executive power in the persons of the ministers?"]
2304 (return)[ See the attendance of the Ministers before the Legislative Assembly.]
2305 (return)[ "Any society in which the separation of the powers is not clearly defined has no constitution." (Declaration of Rights, article XVI.)—This principle is borrowed from a text by Montesquieu, also from the American Constitution. In the rest the theory of Rousseau is followed.]
2306 (return)[ Mercure de France, an expression by Mallet du Pan.]
2307 (return)[ Constitution of 1791, ch. II. articles 5, 6, 7.—Decree of September 25—October 6, 1791, section III. articles, 8 to 25.]
2308 (return)[ Speeches by Barnave and Roederer in the constituent Assembly.—Speeches by Barnave and Duport in the Jacobin Club.]
2309 (return)[ Principal texts. (Duvergier, "Collection des Lois et Decrets.")—Laws on municipal and administrative organization, December 14 and 22, 1789; August 12-20, 1790; March 12, 1791. On the municipal organization of Paris, May 21st, June 27, 1790.—Laws on the organization of the Judiciary, August 16-24, 1790; September 16-29, 1791; September 29, October 21, 1791.—Laws on military organization, September 23, October 29, 1790; January 16, 1791; July 27, 28, 1791—Laws on the financial organization, November 14-24,.1790; November 23, 1790; March 17, 1791; September 26, October 2, 1791.]
2310 (return)[ The removal of such managerial authority has since the second World war taken place inside the United Nations and other Western public administrations and seems to be the aim of much communist trade union effort. The result has everywhere been added cost and decreased efficiency. (SR.)]
2311 (return)[ This principle has been introduced in Western educational systems when clever self-appointed psychologists told parents and teacher alike that they could and should not punish their children but only talk and explain to them. (SR.)]
2312 (return)[ This description fits the staff regulations of the United Nations secretariat in which I served for 32 years. (SR.)]
2313 (return)[ Decrees of December 14 and December 22, 1789: "In municipalities reduced to three members (communes below five hundred inhabitants), all executive functions shall belong to the mayor alone."]
2314 (return)[ Could it be that Lenin took note of this and had it this translated in Russian and made use of it in his and later in Stalin's schools for international revolutionaries. It would in any case have weakened the Bourgeois Capitalist countries. In any case such measures have been introduced both in the international organizations and in most Western Democratic Governments after World War II. (SR.)]
2315 (return)[ This was in the United Nations called 'Rotation' and made the administration of missions and forces difficult, expensive and inefficient. This rotation was also used in the Indian and other armies in order to prevent the officers to reach an understanding or achieve any power over the troops under their command. (SR.)]
2316 (return)[ Laws of September 23—October 29, 1790; January 16, 1791. (Titles II. And VII.)—Cf. the legal prescriptions in relation to the military tribunals. In every prosecuting or judicial jury one-seventh of the sworn members are taken from the non-commissioned officers, and one-seventh from the soldiers, and again, according to the rank of the accused, the number of those of the same rank is doubled.]
2317 (return)[ Law of July 28th, August 12, 1791.]
2318 (return)[ Laws of November 24, 1789 (article 52), August 10-14, 1789.—Instruction of August 10-20, 1790; § 8—Law of October 21, November 21, 1789.]
2319 (return)[ Laws of November 14 and 23, 1790; January 13th, September 26th, October 9, 1792.]
2320 (return)[ Albert Babeau, I. 327 (Féte of the Federation, July 14, 1790).—"Archives Nationales," F7, 3215 (May 17,1791, Deliberation of the council-general of the commune of Brest. May 17 and 19, Letters of the directory of the district).—Mercure, March 5, 1791. "Mesdames are stopped until the return of the two deputies, whom the Republic of Arnay-le-Duc has sent to the representatives of the nation to demonstrate to them the necessity of keeping the king's aunts in the kingdom."]
2321 (return)[ Moniteur, X. 132. Speech by M. Labergerie, November 8, 1791.]
2322 (return)[ At Montauban, in the intendant's salon, the ladies of the place spoke patois only, the grandmother of the gentleman who has informed me of this fact did not understand any other language.]
2323 (return)[ Moniteur, V.163, sitting of July 18, 1791. Speech by M. Lecoulteux, reporter.]
2324 (return)[ Moniteur, XI. 283, sitting of February 2, 1792. Speech by Cambon: "They go away thinking that they understand what is explained to them, but return the following day to obtain fresh explanations. The attorneys refuse to give the municipalities any assistance, stating that they know nothing about these matters."]
2325 (return)[ The same may happen when a subordinate is promoted to be placed in charge of his or her former equals and colleagues. This is why it is often preferably to transfer someone who is recognized as being of superior talent whenever a promotions is to take place. (SR.)]
2326 (return)[ Law of May 11-15, 1791.]
2327 (return)[ Minutes of the meeting of the Electoral Assembly of the Department of Indre-et-Loire (1791, printed).]
2328 (return)[ De Ferrières, I. 367.]
2329 (return)[ Suzay, I, 191 (21,711 are eligible out of 32,288 inscribed citizens).]
2330 (return)[ Official report of the Electoral Assembly of the Department of Indre-et-Loire, Aug. 27, 1791. "A member of the Assembly made a motion that all the members composing it should be indemnified for the expenses which would be incurred by their absence from home and the long sojourn they had to make in the town where the Assembly was held. He remarked that the inhabitants of the country were those who suffered the most, their labor being their sole riches; that if no attention was paid to this demand, they would be obliged, in spite of their patriotism, to withdraw and abandon their important mission; that the electoral assemblies would then be deserted, or would be composed of those whose resources permitted them to make this sacrifice."]
2331 (return)[ Sauzay, I. 147, 192.]
2332 (return)[ For the detail of these figures, see vol. II. Book IV.]
2333 (return)[ De Ferrières, I. 367. Cf. The various laws above mentioned.]
2334 (return)[ Constant, "Histoire d'un Club Jacobin en Province" (Fontainebleau) p.15. (Procés-verbaux of the founding of the clubs of Moret, Thomery, Nemours, and Montereau.)]
2335 (return)[ Later to change and become socialist and communist parties everywhere. (SR.)]
2336 (return)[ Cf. The Declaration of Independence, July 4, 1776 (except the first phrase, which is a catchword thrown out for the European philosophers).—Jefferson proposed a Declaration of Rights for the Constitution of March 4, 1789, but it was refused. They were content to add to it the eleven amendments which set forth the fundamental rights of the citizen.]
2337 (return)[ Article I. "Men are born and remain free and equal in rights common to all. Social distinctions are founded solely on public utility." The first phrase condemns the hereditary royalty which is sanctioned by the Constitution. The second phrase can be used to legitimate hereditary monarchy and an aristocracy.—Articles 10 and 11 bear upon the manifestations of religious convictions and on freedom of speech and of the press. By virtue of these two articles worship, speech, and the press may be made subject to the most repressive restrictions, etc.]
2338 (return)[ The International Bill of Human Rights of 1948 is quite different from the one approved in 1789. In 1948 there is no more any mention of any "right to resistance to oppression", there is a softening of the position on the right of property and new rights, to free education, to a country, to rest and leisure, to a high standard of health and to an adequate standard of living have been introduced. (SR.)]
2339 (return)[ Stalin and his successors organized such a system of "clubs" world-wide which even today remain active as "protectors" of the environment, refugees, prisoners, animals and the environment. (SR.)]
2340 (return)[ Buchez and Roux, XI. 237. (Speech by Malouet in relation to the revision, August 5, 1791.) "You constantly tempt the people with sovereignty without giving them the immediate use of it."]
2341 (return)[ Decrees of September 25—October 6, 1791; September 28—October 6, 1791.]
2342 (return)[ Impartial contemporaries, those well qualified to judge, agree as to the absurdity of the Constitution. "The Constitution was a veritable monster. There was too much of monarchy in it for a republic, and too much of a republic for a monarchy. The King was a side-dish, un hors d'oeuvre, everywhere present in appearance but without any actual power." (Dumont, 339.) "It is a general and almost universal conviction that this Constitution is inexecutable. The makers of it to a man condemn it." (G. Morris, September 30, 1791.) "Every day proves more clearly that their new Constitution is good for nothing." (ibid. December 27, 1791.) Cf. The sensible and prophetic speech made by Malouet (August 5, 1791, Buchez and Roux, XI. 237).]
2343 (return)[ Taine's vivid description is likely to have encouraged any radical revolutionary having the luck to read his explicit description of how to proceed with the destruction of a naïve corrupt capitalist, bourgeois society. (SR.)]