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direct taxes among the districts； and the district council with the
same re…distribution among the communes： in this way it saves trouble
for itself； and there is no other more effective mode of ensuring an
equitable allocation。 It will similarly be preferable to have the
mayor； rather than anybody else； handle petty public undertakings；
which nobody else could do as readily and as surely； with less
trouble； expense； and mistakes； with fewer legal document； registers
of civil status； advertisements of laws and regulations； transmissions
by the orders of public authorities to interested parties； and of
local information to the public authorities which they need； the
preparation and revision of the electoral lists and of conscripts； and
co…operation in measures of general security。 Similar collaboration is
imposed on the captain of a merchant vessel； on the administrators of
a railway； on the director of a hotel or even of a factory； and this
does not prevent the company which runs the ship； the railway； the
hotel； or the factory； from enjoying full ownership and the free
disposition of its capital； from holding meetings； passing
resolutions； electing directors； appointing its managers； and
regulating its own affairs； preserving intact that precious faculty of
possessing； of willing and of acting； which cannot be lost or
alienated without ceasing to be a personality。 To remain a
personality （i。e。 a legal entity）； such is the main interest and right
of all persons； singly or collectively； and therefore of local
communities and of the State itself； it must be careful not to
abdicate and be careful not to usurp。 … It renounces in favor of local
societies when； through optimism or weakness； it hands a part of the
public domain over to them； when it gives them the responsibility for
the collection of its taxes； the appointment of its judges and police…
commissioners； the employment of its armed forces； when it delegates
local functions to them which it should exercise itself； because it is
the special and responsible director； the only one who is in a
suitable position； competent； well provided； and qualified to carry
them out。 On the other side； it causes prejudice to the local
societies； when it appropriates to itself a portion of their private
domain； when it confiscates their possessions； when it disposes of
their capital or income arbitrarily； when it imposes on them excessive
expenses for worship； charity； education； and any other service which
properly belongs to a different association； when it refuses to
recognize in the mayor the representative of the commune and the
government official； when it subordinates the first of these two
titles to the second； when it claims the right of giving or taking
away； through with the second which belongs to it； the first which
does not belong to it； when in practice and in its grasp the commune
and department cease to be private companies in order to become
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 co