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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。'9'
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 he
discharges 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。'10'
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。'11' 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。'12' 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;'13' 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。'14'
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。'15' 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。'16' 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