This is all reversed in the new Constitution. In the eyes of our
legislators obedience must be spontaneous and never compulsory, and, in
the suppression of despotism, they suppress government. The general rule
in the hierarchy which they establish is that the subordinates should be
independent of their superior, for he must neither appoint nor displace
them: the only right he has is to give them advice and remonstrate
with them.[2311] At best, in certain cases, he can annul their acts and
inflict on them a provisional suspension of their functions, which can
be contested and is revocable.[2312] We see, thus, that none of the
local powers are delegated by the central power; the latter is simply
like a man without either hands or arms, seated in a gilt chair. The
Minister of the Finances cannot appoint or dismiss either an assessor or
a collector; the Minister of the Interior, not one of the departmental,
district, or communal administrators; the Minister of Justice, not one
judge or public prosecutor. The King, in these three branches of the
service, has but one officer of his own, the commissioner whose duty
it is to advocate the observance of the laws in the courts, and, on
sentence being given, to enforce its execution.--All the muscles of
the central power are paralyzed by this stroke, and henceforth each
department is a State apart, living by itself.
An similar amputation, however, in the department itself, has cut
away all the ties by which the superior could control and direct his
subordinate.--If the administrators of the department are suffered to
influence those of the district, and those of the district those of the
municipality, it is only, again, in the way of council and solicitation.
Nowhere is the superior a commander who orders and constrains, but
everywhere a censor who gives warnings and scolds. To render this
already feeble authority still more feeble at each step of the
hierarchy, it is divided among several bodies. These consist of
superposed councils, which administer the department, the district,
and the commune. There is no directing head in any of these councils.
Permanency and executive functions throughout are vested in the
directories of four or eight members, or in bureaus of two, three,
four, six, and even seven members whose elected chief, a president
or mayor,[2313] has simply an honorary primacy. Decision and action,
everywhere blunted, delayed, or curtailed by talk and the processes
of discussion, are brought forth only after the difficult, tumultuous
assent of several discordant wills.[2314] Elective and collective as
these powers are, measures are still taken to guard against them. Not
only are they subject to the control of an elected council, one-half
renewable every two years, but, again, the mayor and public prosecutor
of the commune after serving four years, and the procureur-syndic of
the department or district after eight years service, and the district
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