The institution remains intact under the Restoration. —Motives of the governors.—Excellence of the machine. —Abdication of the administrator. Such is the spirit of the institution and such is its form. After 1814 and 1815, after the fall of the Empire and the Restoration, the institution subsists and remains as it was before in form and in spirit: it is always the government which appoints and directs all the representatives of local society, in the department, in the commune, and in the intermediate circumscriptions, the prefect, sub-prefects, mayors and assistants, the councilors of the department, of the arrondissement and of the commune. Whatever the ruling power may be it is repugnant to any change; never does it voluntarily restrict itself in its faculty of bestowing or withholding offices, authority, consideration, influence, or salaries, every desirable and every desired good thing; as far as it can, it retains these in its own hands to distribute them as it pleases, and in its own interest to bestow them on its partisans and to deprive its adversaries of them, to attract clients and create minions. The four thousand offices of prefect, sub-prefect, and councilors of the prefecture, department, and arrondissement, the four hundred thousand offices of mayor, assistants, and municipal councilors, and added to these, the innumerable salaried employments of auxiliary or secondary agents, from the secretary-general of the prefecture down to the secretary of the mayor, from the scribes and clerks of the prefecture and sub-prefecture down to the staff of the municipal police and of the octroi in the towns, from the city or department architect down to the lowest road-surveyor, from the watchmen and superintendents of a canal or harbor down to the field-guards and stone-breakers or the highway, directly or indirectly, the constitutional government disposes of them in the same fashion as the imperial government, with the same interference in the most trifling details and in the most trifling affair. Commune or department, such local society remains under the second RÉgime what it was under the first one, an extension of the central society, an appendix of the State, an adjunct of the great establishment of which the seat is at Paris. In these adjuncts, controlled from above, nothing is changed, neither the extent and limits of the circumscription, nor the source and hierarchy of powers, nor the theoretic framework, nor the practical mechanism, not even the names.4146 After the prefects of Empire come the prefects of the Restoration, the same in title and uniform, installed in the same mansion, to do the same work, with equal zeal, that is to say, with dangerous zeal, to such an extent that, on taking leave of their final audience, on setting out for their department, M. de Talleyrand, who knows men and institutions profoundly, gives them, as his last injunction, the following admirable order: "And, especially, no zeal! "—According to the recommendation of FouchÉ, "the Bourbons slept in the bed of Napoleon," which was the bed of Louis XIV., but larger and more comfortable, widened by the Revolution and the Empire, adapted to the figure of its latest occupant, and enlarged by him so as to spread over the whole of France. When, after twenty-five years of exile, one returns home, it is pleasant to find such a bed in the house ready made, taking down and remaking the old one would give double trouble; moreover, in the old one, one was less at his ease; let us profit by all that rebels and the usurper have done that was good. In this particular, not alone the king, but again the most antiquated of the Bourbons are revolutionaries and Bonapartists; despotic traditionally, and monopolists through their situation, they accept with no regrets the systematic demolition effected by the Constituent Assembly, and the systematic centralization instituted by the First Consul. The Duc d'AngoulÊme, when, in 1815, he was paraded about the country, among the bridges, canals, and splendid roads of Languedoc, on being reminded that these fine works were formerly executed by the "Ètats" of the province, dryly replied "We prefer the departments to the provinces."4147 With the exception of a few antiquarian and half-rustic royalists, nobody objects; there is no thought of reconstructing the machine on another plan; in sum, nobody is dissatisfied with the way it works. It works well, most effectively; under the Restoration as under the Empire, it renders to those who are interested the service demanded of it; it goes on providing better and better for the two grand objects of local society, care for the public highways and protection against natural calamities. In 1814, its net results are already admirable and do it credit—reparation of the ruins accumulated by the Revolution,4148 the continuation and completion of former projects, new and striking enterprises, dikes against the sea and the rivers, basins, moles, and jetties in the harbors, quays, and bridges, locks and canals, public edifices, 27,200 kilometers of national roads and 18,600 kilometers of departmental roads,4149 without counting the district roads just laid out; all this done regularly, exactly, and economically, Charles Nicolas, "Les Budgets de la France depuis le commencement du XIXe siÈcle." In 1816, the four direct contributions returned, in principal, 249 millions, and, in additional centimes, 89 millions only. For a long time the additional centimes applied to the local service and voted by the department or by the commune are not many and do not exceed 5 %. of the principal. by competent functionaries, employed and superintended, who at first through fear are compelled to be prudent, and then through habit and honor have become honest accountants; there is no waste, no underhand stealing, no arbitrary charges; no sum is turned aside between receipts and expenses to disappear and be lost on the road, or flow out of its channel in another direction. The sensitive taxpayer, large or small, no longer smarts under the painful goad which formerly pricked him and made him jump. Local taxation, annexed to the general tax, is found to be reformed, lightened, and duly proportioned. Like the principal, the "additional centimes" are an equitable charge, graduated according to the sum of net revenue; like the principal, they are assessed according to the assumed sum of this net revenue by the councils of the arondissements among the communes, and by the communal assessors among the inhabitants. They are collected by the same collector, with the same formalities, and every taxpayer who thinks himself taxed too heavily finds a court of appeal in the council of the prefecture, before which he can make his claim and obtain the release or reduction of his quota.—Thus no crying iniquity exists, nor keen suffering; on the other hand, there are the infinite conveniences and daily enjoyment of possessions, the privation of which, to the modern man, is equal to the lack of fresh, pure air, physical security and protection against contagion, facilities for circulation and transport, pavements, light, the salubrity of healthy streets purged of their filth, and the presence and vigilance of the municipal and rural police. All these benefits, the objects of local society, are due to the machine which works with little cost, without breaking down or stopping for any long time, as lately under the Republic, and without any extortion and clashing, as in the times of the ancient RÉgime. It works by itself, almost without the help of the parties interested, and which, in their eyes, is not its least merit; with it, there is no bother, no responsibility, no elections to attend to, no discussions to maintain, no resolutions to pass. There is only one bill to be settled, not even a specified bill, but a surplus of centimes added to each franc, and included with the principal in the annual quota. Just like an owner who, by his correct, exact, and somewhat slow although punctual and capable supervisors, are relieved of the care of his property. He may dismiss the head steward of his domain in a fit of ill-humor, but, if he changes his stewards, he does not change the system; he is too accustomed to it, and his indolence demands it; he is not tempted to take care and trouble on himself, nor is he qualified to become his own intendant. And what is worse, in the present case the master has forgotten that he is the owner of his domain, he hardly remembers that he is a personality. Whether large or small, department or commune, local society has no longer the consciousness of being a natural body, composed of involuntarily united members with common interests; this sentiment, already weakened and drooping at the end of the ancient rÉgime, lost under the multiplied attacks of the Revolution and under the prolonged compression of the Empire. During twenty-five years it has suffered too much; it has been too arbitrarily manufactured or mutilated, too frequently recast, and made and unmade.—In the commune, everything has been upset over and over again, the territorial circumscription, the internal and external system, all collective property. To the 44,000 municipalities improvised by the Constituent Assembly, there succeeded under the Directory 6000 or 7000 cantonal municipalities, a sort of local syndicate, represented in each commune by a subaltern agent, and then, under the Consulate, 36,000 distinct and permanent communes. Sovereign at the start, through the improvidence and abdication of the Constituent Assembly, the communes become, in the hands of the Convention, so many timorous subjects surrendered to the brutality of perambulating pashas and resident agas, imposed upon them by Jacobin tyranny; then under the Empire, a docile herd governed in a correct way from above, but possessing no authority of their own, and therefore indifferent to their own affairs and utterly wanting in public spirit. Other more serious blows affect of the them still more deeply and acutely. Through a decree of the Legislative Assembly, in every commune where a third of the inhabitants demand a partition of the communal property, the commune is stripped, and its time-honored patrimony is set off in equal lots, in portions according to families or per head, and converted into small private holdings. (Page 319/584)Through a decree of the Convention, the whole of the communal fortune, its debts and assets, are swallowed up by the public fortune and engulfed along with that in the sale of real property, in the discredit of the assignats, and in the final bankruptcy. After this prolonged process, communal property, even when disgorged and restored by the exchequer, is not what it was before; once out of the monster's stomach, the remains of it, dismembered, spoilt, half-digested, are no longer held sacred and inviolable; a settlement of accounts intervenes; "there are a good many communes," says Napoleon4150 "whose debts have been paid and whose property was not sold; there are many others whose property has been sold and whose debts are not paid.... The result is that many pieces of property in certain communes are not considered reputable." Consequently, he first deprives these of one-tenth of their income from land, and then one-quarter of the produce of their extra cuttings of timber,4151 and finally, their capital, the whole of their real property,4152 estimated at 370 millions; in exchange, he gives them 138 millions in the rentes; the loss to them as well as the gain to him, is thus 232 millions, while the sale of communal properties at auction, begun in 1813, continues under the Restoration in 1814, 1815, and even in 1816. A human community treated in this way for one quarter of a century, ceases to be a personality, and becomes a mere material object; as far as this is concerned, its members have come to believe, that it is and must be so and cannot be otherwise. Above the commune, nearly dead, is the department, completely dead; here local patriotism is stamped out at the beginning by the destruction of the provinces. Among so many political crimes and other outrages committed by the Revolution against France, this is one of the worst. The Constituent Assembly has dismantled long-established associations, the accumulated work of ten centuries, historic and powerful names, each of which aroused enthusiasm in thousands of breasts and cemented together thousands of wills, centers of spontaneous co-operation, firesides warm with generous feeling, zeal, and devotion, a practical school of high political education, an admirable theater for available talent, noble careers open to legitimate ambition, in short, the small patrimony whose instinctive cult forms the first step out of egoism and a march onward toward thoughtful devotion to the large patrimony. Cut apart by geometrical shears, and designated by an entirely new geographical term, small sections of the province became so many factitious agglomerations of juxtaposed inhabitants, human assemblages without any soul; and, for twenty years, the legislator fails to communicate to them that semblance of spirit, the judicial quality of which it disposes; it is only after 1811 that the departments arrive at civil proprietorship and personality: this dignity, besides, the State confers only to disburden itself and to burden them, to impose expenses on them which hardly concern them but which do concern it, to compel them in its place to support the costly maintenance of its prisons, police quarters, courts of justice, and prefectorial mansions; even at this late date, they are not yet, in the eyes of jurisconsults or before the Council of State, incontestable proprietors and complete personalities;4153 they are not to be fully qualified in this sense until the law of 1838. Local society, accordingly, proves abortive over the whole 27,000 square leagues of territory; it is simply a legal figment, an artificial grouping together of neighbors who do not find themselves bound and incorporated together by neighborhood; in order that their society might become viable and stimulating would require both commune and department to have in mind and at heart the following idea, which they no longer entertained: "We are all aboard the same ship, it is ours and we are its crew. We are here to manage it ourselves, with our own hands, each according to his rank and position, each taking his part, little or big, in doing his own work." 4101 (return) 4102 (return) 4103 (return) 4104 (return) 4105 (return) 4106 (return) 4107 (return) 4108 (return) 4109 (return) 4110 (return) 4111 (return) 4112 (return) 4113 (return) 4114 (return) 4115 (return) 4116 (return) 4117 (return) 4118 (return) 4119 (return) 4120 (return) 4121 (return) 4122 (return) 4123 (return) 4124 (return) 4125 (return) 4126 (return) 4127 (return) 4128 (return) 4129 (return) 4130 (return) 4131 (return) 4132 (return) 4133 (return) 4134 (return) 4135 (return) 4136 (return) 4137 (return) 4138 (return) 4139 (return) 4140 (return) 4141 (return) 4142 (return) 4143 (return) 4144 (return) 4145 (return) 4146 (return) 4147 (return) 4148 (return) 4149 (return) 4150 (return) 4151 (return) 4152 (return) 4153 (return) |