书城公版The Origins of Contemporary France
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第1052章

Give and take. These indispensable auxiliaries must obtain nearly all they ask for, and they ask a great deal. Instinctively, as well as by doctrine and tradition, the Jacobins are exacting, disposed to regard themselves as the representatives of the real and the ideal people, that is to say, as sovereigns by right, above the law, entitled to make it and therefore to unmake it, or, at least, strain it and interpret it as they please. Always in the general council, in the municipal council, and in the mayoralty, they are tempted to usurp it;the prefect has as much as he can do to keep them within the local bounds, to keep them from meddling with state matters and the general policy; he is often obliged to accept their lack of consideration, to be patient with them, to talk to them mildly; for they talk and want the administration to reckon with them as a clerk with his master; if they vote money for any service it is on condition that they take part in the use of the funds and in the details of the service, in the choice of contractors and in hiring the workmen; on condition that their authority be extended and their hands applied to the consecutive execution of what does not belong to them but which belongs to the prefect.[34] Bargaining, consequently, goes on between them incessantly and they come to terms. - The prefect, it must be noted, who is bound to pay, can do so without violating the letter of the law. The stern page on which the legislator has printed his imperative text is always provided with an ample margin where the administrator, charged with its execution, can write down the decisions that he is free to make. In relation to each departmental or communal affair, the prefect can with his own hand write out what suits him on the white margin, which, as we have already seen, is ample enough; but the margin at his disposition is wider still and continues, beyond anything we have seen, on other pages; he is chargé d'affaires not only of the department and commune, but again of the State. Titular conductor or overseer of all general services, he is, in his circumscription, head inquisitor of the republican faith[35], even in relation to private life and inner sentiments, the responsible director of orthodox or heretical acts or opinions, which are laudable or blamable in the innumerably army of functionaries by which the central state now undertakes the complete mastery of human life, the twenty distinct regiments of its vast hierarchy - with the staff of the clergy, of the magistracy, of the preventive and repressive police, of the customs; with the officials of bridges and highways, forest domains, stock-breeding establishments, postal and telegraph departments, tobacco and other monopolies; with those of every national enterprise which ought to be private, Sévres and Gobelins, deaf and dumb and blind asylums, and every auxiliary and special workshop for war and navigation purposes, which the state supports and manages. I pass some of them and all too many. Only remark this, that the indulgence or severity of the prefecture in the way of fiscal violations or irregularities is an advantage or danger of the highest importance to 377,000 dealers in wines and liquors; that an accusation brought before and admitted in the prefecture may deprive 38,000clergymen of their bread,[36] 43,000 letter-carriers and telegraph messengers, 45,000 sellers of tobacco and collecting-clerks, 75,000stone-breakers, and 120,000 male and female teachers;[37] directly or indirectly, the good or ill favor of the prefecture is of consequence, since recent military laws, to all adults between 20 and 45 years, and, since recent school laws, to all children between 6 and 13 years of age. According to these figures, which go on increasing from year to, calculate the breadth of the margin on which, alongside of the legal text which states the law for persons and things in general, the prefect in his turn gives the law for persons and things in particular. On this margin, which belongs to him, he writes what he pleases, at one time permissions and favors, exemptions, dispensations, leaves of absence, relief of taxes or discharges, help and subventions, preferences and gratuities, appointments and promotions, and at another time disgrace, hardship, legal proceedings, dismissals, and special favors. To guide his hand in each case, that is to say, to spread all the favors on one side and all the disfavors on the other, he has, among the local Jacobins, special informers and important applicants. If not restrained by a very strong sentiment of distributive justice and very great solicitude for the public good he can hardly resist them, and in general when he takes up his pen it is to write under the dictation of his Jacobin collaborators.

Democracy in France in 1889, Summary.