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.[7] 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."[8] 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.[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.