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administrative compartments。 … According to the opportunity and the
temptation； it glides downhill； now toward the surrender of its duty；
and now toward the meddlesome interference of an intruder。
V。 Local versus State authority。
Case in which the State abdicates。 … Anarchy during the Revolution。 …
Case in which the State usurps。 … Regime of the year VIII。 … Remains
of local independence under the ancient regime。 … Destroyed under the
new regime。 … Local society after 1800。
From and after 1789； the State； passing through intermittent fits and
starts of brutal despotism； had resigned its commission。 Under its
almost nominal sovereignty； there were in France forty…four thousand
small States enjoying nearly sovereign power； and； most frequently；
sovereignty in reality。＇11＇ Not only did the local community manage
its private affairs； but again； in the circumscription； each exercised
the highest public functions； disposed of the national guard； of the
police force； and even of the army； appointed civil and criminal
judges； police commissioners；＇12＇ the assessors and collectors of
taxes。 In brief； the central State handed over； or allowed the seizure
of the powers of which it ought never to deprive itself； the last of
its means by which alone it acts effectively and on the spot；
* its sword； which it alone should wield；
* its scales of justice； which it alone should hold；
* its purse； for it to fill；
and we have seen with what harm to individuals； to the communes； and
to itself； with what a lamentable series of disastrous results：
* universal； incurable； persistent anarchy；
* impotence of the government；
* violation of the laws；
* complete stoppage of revenue； an empty treasury；
* despotism of the strong； oppression of the weak；
* street riots；
* rural brigandage；
* extortions and waste at the town halls；
* municipal usurpations and abdications；
* ruin of the highways； and all useful public works and buildings； and
* the ruin and distress of the communes。＇13＇
In contrast with this； and through disgust； the new Régime takes the
other side； and even goes to the other extreme； the central State； in
1800； no longer a party that has resigned； as formerly； becomes the
interloper。 Not only does it take back from local communities the
portion of the public domain which had been imprudently conceded to
them； but； again； it lays its hand on their private domain； it
attaches them to it by way of appendices； while its systematic；
uniform usurpation； accomplished at one blow； spread over the whole
territory； again plunges them all； communes and departments alike；
into a chaos in which； under the old monarchy； they would never have
fallen。
Before 1789； collective legal entities （persons）； provincial and
communal； still existed。 On the one hand； five or six great local
bodies； represented by elective assemblies； full of life and
spontaneously active； among others those of Languedoc and Brittany；
still provided for and governed themselves。 The other provinces； which
the central power had reduced to administrative districts； retained；
at least； their historic cohesion； their time…honored name； the lament
for； or at least the souvenir of； their former autonomy； and； here and
there； a few vestiges or fragments of their lost independence； and；
better yet； these old； paralyzed； but not mutilated bodies； had just
assumed new life； and under their renewed organism were striving to
give the blood in their veins a fresh start。 Twenty…one provincial
assemblies； instituted over the entire territory； between 1778 and
1787； and provided with powers of considerable importance； undertook；
each in its own sphere； to direct provincial interests。 Communal
interest； also； had its representatives in the urban or rural
communes。 In the towns； a deliberative assembly； composed of the
leading notables and of delegates elected by all the corporations and
communities in the place； formed an intermittent municipal council the
same as to…day； but much more ample； which voted and passed
resolutions on important occasions； there was a board of management at
the head of it； 〃the town corps；〃 comprising the various municipal
officials； the mayor； his lieutenant； sheriffs； prosecuting attorney；
treasurer； and clerk；＇14＇ now elected by the deliberative assembly；
now the legal purchasers； heirs； and proprietors of their office； the
same as a notary or advocate of to…day owns his office； protected
against administrative caprices by a royal acquittance； and； for a
money consideration； titular in their towns； the same as a
parliamentarian in his parliament； and hence planted in； or grafted
upon； the commune like a parliamentarian among his peers； and； like
him； defenders of local interests against the central power。 … In the
village； the heads of families met together on the public square；
deliberated in common over common affairs； elected the syndic；
likewise the collectors of the taille； and deputies to the intendant；
of their own accord； but with his approval； they taxed themselves for
the support of the school； for repairs to the church or fountain； and
for beginning or carrying on a suit in court。 … All these remains of
the ancient provincial and communal initiative； respected or tolerated
by monarchical centralization； are crushed out and extinguished。 The
First Consul very soon falls upon these local societies and seizes
them in his claws； in the eyes of the new legislator they scarcely
seem to exist； there must not be any local personalities for him。 The
commune and department； in his eyes； are merely territorial districts；
physical portions of the public domain； provincial workshops to which
the central State transfers and uses its tools； in order to work
effectively and on the spot。 Here； as elsewhere； he takes the business
entirely in his own hands； if he employs interested parties it is only
as auxiliaries； at odd times； for a few days； to operate with more
discernment and more economy； to listen to complaints and promises； to
become better informed and the better to apportion changes； but；
except this occasional and subordinate help； the members of the local
society must remain passive in the local society； they are to pay and
obey； and nothing more。 Their community no longer belongs to them； but
to the government； its chiefs are functionaries who depend on him； and
not on it； it no longer issues its mandate； all its legal mandatories；
all its representatives and directors； municipal or general
councilors； mayors； sub…prefects or prefects； are imposed on it from
above； by a foreign hand； and； willingly or not； instead of choosing
them； it has to put up with them。
VI。 Local Elections under the First Consul。
Lists of notables。 … Sénatus…consultes of the year X。 … Liberal
institution becomes a reigning instrument。 … Mechanism of the system
of appointments and candidatures。 … Decree of 1806 and suppression of
candidatures。
At the beginning； an effort was made to put in practice the
constitutional principle proposed by Sieyès： Power in future；
according the accepted formula； must come from above and confidence
from below。 To this end； in the year IX； the assembled citizens
appointed one…tenth of their number； about 500；000 communal notables；
and these； likewise assembled； appointed also one…tenth of their
number； about 50；000 departmental notables。 The government selected
from this list the municipal councilors of each commune； and； from
this second list； the general councilors of each department。 … The
machine； however； is clumsy； difficult to set going； still more
difficult to manage； and too unreliable in its operation。 According to
the First Consul； it is an absurd system； 〃a childish piece of
ideology； a great nation should not be organized in this way。〃＇15＇ At
bottom；＇16＇ 〃he does not want notables accepted by the nation。 In his
system； he is to declare who the notables of the nation shall be and
stamp them with the seal of the State； it is not for the nation to
present them to the head of the State stamped with the national seal。〃
Consequently； at the end of a year； he becomes； through the
establishment of electoral colleges； the veritable grand…elector of
all the notables； he has transformed； with his usual address； a
liberal institution into a reigning instrumentality。＇17＇
Provisionally； he holds on to the list of communal notables； 〃because
it is the work of the people； the result of a grand movement which
must not prove useless； and because； moreover； it contains a large
number of names。 。 。 。 offering a wide margin from which to make good
selections。＇18＇ He brings together these notables in each canton； and
invites them to designate their trusty men； the candidates from which
he will choose municipal councilors。 But； as there are very few
cultivated men in the rural districts； 〃nearly always it is the