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cultivated men in the rural districts; 〃nearly always it is the old
seignior who would get himself designated〃;'19' it is essential that
the hand of the government should not be forced; that its faculty of
choosing should not be restricted。 Thus; the presentation of municipal
councilors of that category must cease; there must no longer be any
preliminary candidates。 Now; according the sénatus…consulte; this
category is a large one; for it comprises all communes of less than
5000 souls; and therefore over 35;000 municipal councils out of
36;000; whose members are appointed arbitrarily; without the citizens
whom they represent taking any part in their nomination。 … Four or
five hundred average or large communes still remain; in which for each
municipal post; the cantonal assembly designates two candidates
between whom the government chooses。 Let us see this assembly duly
installed and at work。
Its president; as a precautionary step; is imposed upon it。 He is
appointed in advance by the government; and is well informed as to
what the government wants。 He alone controls the police of the chamber
and the order of all deliberations。 On opening the session; he draws a
list from his pocket; which list; furnished by the government;
contains the names of one hundred of the heaviest taxpayers of the
canton; from whom the assembly must select its candidates。 The lists
lies spread out on the table; and the electors advance in turn; spell
the names; and try to read it over。 The president would not be very
adroit and show but little zeal did he not help them in reading it;
and if he did not point out by some sign; a tone of the voice; or even
a direct word; what names were agreeable to the government。 Now; this
government; which has five hundred thousand bayonets at command;
dislikes opposition: the electors know it; and look twice before
expressing any counter opinion; it is very probable that most of the
names suggested by the government are found on their ballots; were
only one…half of them there; these would suffice; of the two
candidates proposed for each place; if one is acceptable this one will
be elected; after making him a candidate the government makes sure
that he will become titular。 The first act of the electoral comedy is
played; and it is not long before no trouble whatever is taken to play
it。 After January; 1806; by virtue of a decree which has passed
himself; Napoleon is the only one'20' who will directly fill every
vacancy in the municipal councils; from now on these councils are to
owe their existence wholly to him。 The two qualities which constitute
them; and which; according to Sieyès; are derived from two distinct
sources; are now derived from only one source。 Only the Emperor can
confer upon them both public confidence and legal power。
The second act of the comedy begins; this act is more complicated; and
comprises several scenes which end; some of them; in the appointment
of the arrondissement councils; and others in that of the council…
general of the department。 We will take only the latter; the most
important;'21' there are two; one following the other; and in
different places。 … The first one'22' is played in the cantonal
assembly above described; the president; who has just directed the
choice of municipal candidates; draws from his portfolio another list;
likewise furnished to him by the prefect; and on which six hundred
names of those who pay the heaviest taxes in the department are
printed。 It is from among these six hundred that the cantonal assembly
must elect ten or twelve members who; with their fellows; chosen in
the same way by the other cantonal assemblies; will form the electoral
college of the department; and take their seats at the chief town of
the prefecture。 This time again; the president; who is the responsible
leader of the cantonal flock; takes care to conduct it; his finger on
the list indicates to the electors which names the government prefers;
if need be; he adds a word to the sign he makes; and; probably; the
voters will be as docile as before; and all the more because the
composition of the electoral college only half interests them。 This
college; unlike the municipal council; does not touch or hold any of
them on their sensitive side; it is not obliged to tighten or loosen
their purse…strings; it does not vote the 〃additional centimes〃; it
does not meddle with their business; it there only for show; to
simulate the absent people; to present candidates; and thus perform
the second electoral scene in the same way as the first one; but at
the chief town of the prefecture and by new actors。 These extras are
also led by a head conductor; appointed by the government; and who is
responsible for their behavior; 〃a president who has in sole charge
the police of their assembled college;〃 and must direct their voting。
For each vacancy in the council…general of the department; they are to
present two names; certainly; almost without any help; and with only a
discrete hint; they will guess the suitable names。 For they are
smarter; more open…minded; than the backward and rural members of a
cantonal assembly; they are better informed and better 〃posted;〃 they
have visited the prefect and know his opinion; the opinion of the
government; and they vote accordingly。 It is certain that one…half; at
least; of the candidates whom they present on the list are good; and
that suffices; since twice the required number of candidates have to
be nominated。 And yet; in Napoleon's eye; this is not sufficient。 For
the nomination of general councilors;'23' as well as that of municipal
councilors; he suppresses preliminary candidature; the last remnant of
popular representation or delegation。 According to his theory; he is
himself the sole representative and delegate of the people; invested
with full powers; not alone in the State; but again in the department
and commune; the prime and the universal motor of the entire machine;
not merely at the center; but again at the extremities; dispenser of
all public employments; not merely to suggest the candidate for these
and make him titular; but again to create directly and at once; both
titular and candidate。
VII。 Municipal and general councillors under the Empire。
Quality of municipal and general councilors under the Consulate and
the Empire。 … Object of their meetings。 … Limits of their power。 …
Their real role。 … Role of the prefect and of the government。
Observe the selections which he imposes on himself beforehand; these
selections are those to which he has tied down the electoral bodies。
Being the substitute of these bodies; he takes; as they do; general
councilors from those in the department who pay the most taxes; and
municipal councilors from those most taxed in the canton。 One the
other hand; by virtue of the municipal law; it is from the municipal
councilors that he chooses the mayor。 Thus the local auxiliaries and
agents he employs are all notables of the place; the leading
landowners and largest manufacturers and merchants。 He systematically
enrolls the distributors of labor on his side; all who; through their
wealth and residence; through their enterprises and expenditure on the
spot; exercise local influence and authority。 In order not to omit any
of these; and be able to introduce into the general council this or
that rich veteran of the old régime; or this or that parvenu of the
new régime who is not rich; he has reserved to himself the right of
adding twenty eligible members to the list; 〃ten of which must be
taken from among citizens belonging to the Legion of Honor; or having
rendered important services; and ten taken from among the thirty in
the department who pay the most taxes。〃 In this way none of the
notables escape him; he recuits them as he pleases and according to
his needs; now among men of the revolution who he does not want to see
discredited or isolated;'24' now among men of the old monarchy whom he
wants to rally to himself by favor or by force。 Such is the Baron de
Vitrolles;'25' who; without asking for the place; becomes mayor of
Versailles and councilor…general in Basses…Alps; and then; a little
later; at his peril; inspector of the imperial sheepfolds。 Such is the
Count de Villèle; who; on returning to his estate of Morville; after
an absence of fourteen years; suddenly; 〃before having determined
where he would live; either in town or in the country;〃 finds himself
mayor of Morville。 To make room for him; his predecessor is removed
and the latter; 〃who; since the commencement of the Revolution; has
performed the functions of mayor;〃 is let down to the post of
assistant。 Shortly after this the government appoints M。 de Villèle
president of the cantonal assembly。 Naturally the assembly; advised
underhandedly; presents him as a candidate for the general council of
Haute…Garonne; and the government places him in that office。 …〃All the