II. Default of previous government.

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The consequences of the years 1789 to 1799.—Insubordination
of the local powers, conflict of the central powers,
suppression of liberal institutions, and the establishment
of an unstable despotism.—Evil-doing of the government thus
formed.

A capital defect at once declared itself in the two principal compositions, in the working gear of the superposed powers and in the balance of the motor powers.—In the first place, the hold given to the central government on its local subordinates was evidently too feeble; with no right to appoint these, it could not select them as it pleased, according to the requirements of the service. Department, district, canton, and commune administrators, civil and criminal judges, assessors, appraisers, and collectors of taxes, officers of the national-guard and even of the gendarmerie, police-commissioners, and other agents who had to enforce laws on the spot, were nearly all recruited elsewhere: either in popular assemblies or provided ready-made by elected bodies.2101 They were for it merely borrowed instruments; thus originating, they escaped its control; it could not make them work as it wanted them to work. On most occasions they would shirk their duties; at other times, on receiving orders, they would stand inert; or, again, they would act outside of or beyond their special function, either going too far or acting in a contrary sense; never did they act with moderation and precision, with coherence and consequence. For this reason any desire of the government to do its job proved unsuccessful. Its legal subordinates—incapable, timid, lukewarm, unmanageable, or even hostile—obeyed badly, did not obey at all, or willfully disobeyed. The blade of the executive instrument, loose in the handle, glanced or broke off when the thrust had to be made.

In the second place, never could the two or three motor forces thrusting the handle act in harmony, owing to the clashing of so many of them; one always ended in breaking down the other. The Constituent Assembly had set aside the King, the Legislative Assembly had deposed him, the Convention had decapitated him. Afterward each fraction of the sovereign body in the Convention had proscribed the other; the Montagnards had guillotined the Girondists, and the Thermidorians had guillotined the Montagnards. Later, under the Constitution of the year III, the Fructidorians had banished the Constitutionalists, the Directory had purged the Councils, and the Councils had purged the Directory.—Not only did the democratic and parliamentary institution fail in its work and break down on trial, but, again, through its own action, it became transformed into its opposite. In a year or two a coup d'État in Paris took place; a faction seized the central power and converted it into an absolute power in the hands of five or six ringleaders. The new government at once re-forged the executive instrument for its own advantage and refastened the blade firmly on the handle; in the provinces it dismissed those elected by the people and deprived the governed of the right to choose their own rulers; henceforth, through its proconsuls on mission, or through its resident commissioners, it alone appointed, superintended, and regulated on the spot all local authorities.2102

Thus the liberal constitution, at its close, gave birth to a centralized despotism, and this was the worst of its species, at once formless and monstrous; for it was born out of a civil crime, while the government which used it had no support but a band of bigoted fanatics or political adventurers; without any legal authority over the nation, or any moral hold on the army, detested, threatened, discordant, exposed to the resistance of its own upholders, to the treachery of its own members, and living only from day to day, it could maintain itself only through a brutal absolutism and permanent terror, while the public power of which the first care is the protection of property, consciences, and lives, became in its hands the worst of persecutors, robbers, and murderers.

                                                                                                                                                                                                                                                                                                           

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