书城公版The Origins of Contemporary France
19097600000316

第316章

This is because fears are entertained that they might be corrupted through contact with the Court, and, again, whoever the ministers might be, there is no disposition to accept their ascendancy.[3] If one of them is admitted into the Assembly it is not for the purpose of giving advice, but to furnish information, reply to interrogatories, and make protestations of his zeal in humble terms and in a dubious position.[4] By virtue of being a royal agent he is under suspicion like the King himself, and he is sequestered in his bureau as the King is sequestered in his palace.- Such is the spirit of the Constitution: by force of the theory, and the better to secure a separation of the powers,[5] a common understanding between them is for ever rendered impossible, and to make up for this impossibility there remains nothing but to make one the master and the other the clerk.

This they did not fail to do, and for greater security, the latter is made an honorary clerk, The executive power is conferred on him nominally and in appearance; he does not possess it in fact, care having been taken to place it in other hands. - In effect, all executive agents and all secondary and local powers are elective.

The King has no voice, directly or indirectly, in the choice of judges, public prosecutors, bishops, curés, collectors and assessors of the taxes, commissaries of police, district and departmental administrators, mayors, and municipal officers. At most, should an administrator violate a law, he may annul his acts and suspend him;but the Assembly, the superior power, has the right to cancel this suspension. - As to the armed force, of which he is supposed to be the commander-in-chief, this escapes from him entirely: the National Guard is not to receive orders from him; the gendarmerie and the troops are bound to respond to the requisitions of the municipal authorities, whom the King can neither select nor displace: in short, local action of any kind - that is to say, all effective action - is denied to him. - The executive instrument is purposely destroyed. The connection which existed between the wheels of the extremities and the central shaft is broken, and henceforth, incapable of distributing its energy, this shaft, in the hands of the monarch, stands still or else turns to no purpose. The King, "supreme head of the general administration, of the army, and of the navy, guardian of public peace and order, hereditary representative of the nation," is without the means, in spite of his lofty titles, of directly applying his pretended powers, of causing a schedule of assessments to be drawn up in a refractory commune, of compelling payment by a delinquent tax-payer, of enforcing the free circulation of a convoy of grain, of executing the judgment of a court, of suppressing an outbreak, or of securing protection to persons and property. For he can bring no constraint to bear on the agents who are declared to be subordinate to him; he has no resources but those of warning and persuasion. He sends to each Departmental Assembly the decrees which he has sanctioned, requesting it to transmit them and cause them to be carried out; he receives its correspondence and bestows his censure or approval - and that is all. He is merely a powerless medium of communication, a herald or public advertiser, a sort of central echo, sonorous and empty, to which news is brought, and from which laws depart, to spread abroad like a common rumor.

Such as he is, and thus diminished, he is still considered to be too strong. He is deprived of the right of pardon, "which severs the last artery of monarchical government."[6] All sorts of precautions are taken against him. He cannot declare war without a decree of the Assembly; he is obliged to bring war to an end on the decree of the Assembly; he cannot make a treaty of peace, an alliance, or a commercial treaty, without the ratification of these by the Assembly. It is expressly declared that he is to nominate but two-thirds of the rear-admirals, one-half of the lieutenant-generals, field-marshals, captains of Vessels and colonels of the gendarmerie, one-third of the colonels and lieutenant-colonels of the line, and a sixth of the naval lieutenants. He must not allow troops to stay or pass within 30,000 yards of the Assembly. His guard must not consist of more than 1,800 men, duly verified, and protected against his seductions by the civil oath. The heir-presumptive must not leave the country without the Assembly's assent. It is the Assembly which is to regulate by law the education of his son during minority. - All these precautions are accompanied with threats.