the origins of contemporary france-2-第53章
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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;'42' on 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 masterpiece'43' of 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。
______________________________________________________________________
Notes:
'1' The name for the dreaded secret Royal warrant of arrest。 (SR。)
'2' 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。
'3' 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?〃
'4' See the attendance of the Ministers before the Legislative
Assembly。
'5' 〃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。
'6' Mercure de France; an expression by Mallet du Pan。
'7' Constitution of 1791; ch。 II。 articles 5; 6; 7。 Decree of
September 25 … October 6; 1791; section III。 articles; 8 to 25。
'8' Speeches by Barnave and Roederer in the constituent Assembly。 …
Speeches by Barnave and Duport in the Jacobin Club。
'9' 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。
'10' 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。)
'11' 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。)
'12' This description fits the staff regulations of the United
Nations secretariat in which I served for 32 years。 (SR。)
'13' 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。〃
'14' 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。)
'15' 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。)
'16' 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。
'17' Law of July 28th; August 12; 1791。
'18' 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。
'19' Laws of November 14 and 23; 1790; January 13th; September 26th;
October 9; 1792。
'20' Albert Babeau; I。 327 (Féte of the Federation; July14; 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。〃
'21' Moniteur; X。 132。 Speech by M。 Labergerie; November 8; 1791。
'22' 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。
'23' Moniteur; V。163; sitting of July 18; 1791。 Speech by M。
Lecoulteux; reporter。
'24' 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。〃
'25' 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。)
'26' Law of May 11…15; 1791。
'27' Minutes of the meeting of the Electoral Assembly of the
Department of Indre…et…Loire (1791; printed)。
'28' De Ferrières; I。 367。
'29' Suzay; I; 191 (21;711 are eligible out of 32;288 inscribed
citizens)。
'30' 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。〃
'31' Sauzay; I。 147; 192。
'32' For the detail of these figures; see vol。 II。 Book IV。
'33' De Ferrières; I。 367。 Cf。 The various laws above mentioned。
'34' 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。)
'35' Later to change and become socialist and communist parties
everywhere。 (SR。)
'36' 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。
'37' 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。
'38' 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。)
'39' Stalin and his successors organized such a system of 〃