The Recollections of Alexis de TocquevilleTocqueville, Alexis de
History
The Recollections of Alexis de Tocqueville
Tocqueville, Alexis de
France -- History -- February Revolution, 1848
Each moment we came up against centralization, and instead of removing
the obstacle, we stumbled over it. It was of the essence of the Republic
that the head of the Executive Power should be responsible; but
responsible for what, and to what extent? Could he be made responsible
for the thousand details of administration with which our administrative
legislation is overcharged, and over which it would be impossible, and
moreover dangerous, for him to watch in person? That would have been
unjust and ridiculous; and if he was not to be responsible for the
administration proper, who would be? It was decided that the
responsibility of the President should be shared by the ministers, and
that their counter-signature should be necessary, as in the days of the
Monarchy. Thus the President was responsible, and yet he was not
entirely free in his own actions, and he was not able to protect his
agents in agents.
We passed to the constitution of the Council of State. Cormenin and
Vivien took charge of this; it may be said that they set to work like
people who are building up a house for themselves. They did their utmost
to make the Council of State a third power, but without success. It
became something more than an administrative council, but infinitely
less than a legislative assembly.
The only part of our work which was at all well thought out, and
arranged, as I think, with wisdom, was that which related to justice.
Here the committee felt at home, most of its members being, or having
been, barristers. Thanks to these, we were able to save the principle of
the irremovability of the judges; as in 1830, it held good against the
current which swept away all the rest. Those who had been Republicans
from the commencement attacked it nevertheless, and very stupidly, in my
opinion; for this principle is much more in favour of the independence
of one's fellow-citizens than of the power of those who govern. The
Court of Appeal and, especially, the tribunal charged with judging
political crimes were constituted at once just as they are to-day
(1851). Beaumont drew up most of the articles which refer to these two
great courts. What we did in these matters is far in advance of all that
had been attempted in the same direction during sixty years. It is
probably the only part of the Constitution of 1848 which will survive.
Public-domain text, read in full here on John Shaqi.
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