A History of Modern Europe, 1792-1878Fyffe, Charles Alan
History
A History of Modern Europe, 1792-1878
Fyffe, Charles Alan
Europe -- History -- 1789-1900
The institutions given to France by the National Assembly of 1789 and those
given to it in the Consulate exhibited a direct contrast seldom found
outside the region of abstract terms. Local customs, survivals of earlier
law, such as soften the difference between England and the various
democracies of the United States, had no place in the sharp-cut types in
which the political order of France was recast in 1791 and 1799. The
Constituent Assembly had cleared the field before it began to reconstruct.
Its reconstruction was based upon the Rights of Man, identified with the
principle of local self-government by popular election. It deduced a system
of communal administration so completely independent that France was
described by foreign critics as partitioned into 40,000 republics; and the
criticism was justified when, in 1793, it was found necessary to create a
new central Government, and to send commissioners from the capital into the
provinces. In the Constitution of 1791, judges, bishops, officers of the
National Guard, were all alike subjected to popular election; the Minister
of War could scarcely move a regiment from one village to another without
the leave of the mayor of the commune. In the Constitution of 1799 all
authority was derived from the head of the State. A system of
centralisation came into force with which France under her kings had
nothing to compare. All that had once served as a check upon monarchical
power, the legal Parliaments, the Provincial Estates of Brittany and
Languedoc, the rights of lay and ecclesiastical corporations, had vanished
away. In the place of the motley of privileges that had tempered the
Bourbon monarchy, in the place of the popular Assemblies of the Revolution,
there sprang up a series of magistracies as regular and as absolute as the
orders of military rank. [83] Where, under the Constitution of 1791, a body
of local representatives had met to conduct the business of the Department,
there was now a Préfet, appointed by the First Consul, absolute, like the
First Consul himself, and assisted only by the advice of a nominated
council, which met for one fortnight in the year. In subordination to the
Préfet, an officer and similar council transacted the local business of the
Arrondissement. Even the 40,000 Maires with their communal councils were
all appointed directly or indirectly by the Chief of the State. There
existed in France no authority that could repair a village bridge, or light
the streets of a town, but such as owed its appointment to the central
Government. Nor was the power of the First Consul limited to the
administration. With the exception of the lowest and the highest members of
the judicature, he nominated all judges, and transferred them at his
pleasure to inferior or superior posts.
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