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'13' Rocquain; 〃l'état de la France au 18 Brumaire;〃 passim。
'14' Raynouard; 〃Histoire du droit municipal;〃II。; 356; and Dareste;
〃Histoire de l'administration en France;〃 I。; 209; 222。 (Creation of
the posts of municipal mayor and assessors by the king; in 1692; for a
money consideration。) 〃These offices were obtained by individuals;
along with hereditary title; now attached to communities; that is to
say; bought in by these;〃 which put in their possession the right of
election。 … The king frequently took back these offices which he had
sold; and sold them over again。 In 1771; especially; he takes them
back; and; it seems; to keep them forever; but he always reserves the
right of alienating them for money。 For example (Augustin Thierry;
〃Documens sur l'histoire du tiers état;〃 III。; 319); an act of the
royal council; dated October 1; 1772; accepts 70;000 francs from the
town of Amiens for the repurchase of the installment of its
magistracies; and defining these magistracies; as well as the mode of
election according to which the future incumbents shall be appointed。
Provence frequently bought back its municipal liberties in the same
fashion; and; for a hundred years; expended for this purpose
12;500;000 livres。 In 1772; the king once more established the
venality of the municipal offices: but; on the Parliament of Aix
remonstrating; in 1774; he returned their old rights and franchises to
the communities。 … Cf。 Guyot; 〃Répertoire de jurisprudence〃 (1784);
articles; Echevins; Capitouls; Conseillers。
'15' Thibaudeau; p。72 (words of the First Consul at a meeting of the
Council of State; Pluvi?se 14; year X)。
'16' Roederer; III。; 439 (Note of Pluvi?se 28; year VIII); ib。; 443
〃The pretended organic sénatus…consulte of Aug。 4; 1802; put an end to
notability by instituting electoral colleges。 。 。 The First Consul was
really recognized as the grand…elector of the notability;〃
'17' Any dictator or dictator's draftsman will; upon reading this
understand how easy it is to make a sham constitution and sham
electoral systems for a de facto dictatorship。(SR。)
'18' Thibaudeau; 72; 289 (words of the First Consul at a meeting of
the Council of State; Thermidor 16; year X)。
'19' Ibid。; p。 293。 Sénatus…consulte of Thermidor 16; year X; and of
Fructidor 19; year X。
'20' Decree of January 17; 1806; article 40。
'21' Aucoc; 〃 Conférence sur l'administration et le droit
administratif;〃 §§ 101; 162; 165。 In our legislative system the
council of the arrondissement has not become a civil personality; while
it has scarcely any other object than to apportion direct taxes among
the communes of the arrondissement
'22' Sénatus…consulte of Thermidor 16; year X。
'23' Decree of May 13; 1806; title III。; article 32。
'24' Thibaudeau; ibid。; 294 (Speech of the First Consul to the Council
of State; Thermidor 16; year X)。 〃What has become of the men of the
Revolution? Once out of place; they have been entirely neglected: they
have nothing left; they have no support; no natural refuge。 Look at
Barras; Reubell; etc。〃 The electoral colleges are to furnish them
with the asylum they lack。 〃Now is the time to elect the largest
number of men of the Revolution; the longer we wait; the fewer there
will be。 。 。 。 With the exception of some of them; who have appeared
on a grand stage; 。 。 。 who have signed some treaty of peace 。 。 。 the
rest are all isolated and in obscurity。 That is an important gap which
must be filled up 。 。 。 。 It is for this reason that I have instituted
the Legion of Honor。〃
'25' Baron de Vitrolles; 〃Memoires;〃 preface; XXI。 Comte de Villèle;
〃Memoires et Correspondance;〃 I。; 189 (August; 1807)。
'26' Faber; 〃Notice sur l'intérieur de la France〃 (1807); p。25。
'27' Supporters of the Sovereign king or of the legitimate royal
dynasty。 (SR。)
'28' The following document shows the sense and aim of the change;
which goes on after the year VIII; also the contrast between both
administrative staffs。 (Archives Nationales; F 7; 3219; letter of M。
Alquier to the First Consul; Pluviose 18; year VIII。) M。 Alquier; on
his way to Madrid; stops at Toulouse and sends a report to the
authorities of Haute…Garonne: 〃I was desirous of seeing the central
administration。 I found there the ideas and language of 1793。 Two
personages; Citizens Barreau and Desbarreaux; play an active part
then。 Up to 1792; the first was a shoemaker; and owed his political
fortune simply to his audacity and revolutionary frenzy。 The second;
Desbarreaux; was a comedian of Toulouse; his principal role being that
of valets。 In the month of Prairial; year III; he was compelled to go
down on his knees on the stage and ask pardon for having made
incendiary speeches at some previous period in the decadal temple。 The
public; not deeming his apology sufficient; drove him out of the
theater。 He now combines with his function of departmental
administrator the post of cashier for the actors; which thus brings
him in 1200 francs 。 。 。 The municipal councilors are not charged with
lack of probity: but they are derived from too law a class and have
too little regard for themselves to obtain consideration from the
public。 。 。 The commune of Toulouse is very impatient at being
governed by weak; ignorant men; formerly mixed in with the crowd; and
whom; probably; it is urgent to send back to it。 。 。 。 It is
remarkable that; in a city of such importance; which provides so large
a number of worthy citizens of our sort of capacity and education;
only men are selected for public duties who; with respect to
instruction; attainments; and breeding; offer no guarantee whatever to
the government and no inducement to win public consideration。〃
'29' 〃Correspondance de Napoléon;〃 No。4474; note dictated to Lucien;
minister of the interior; year VIII。
'30' Cf。 〃Procés…verbaux des conseil généraux〃 of the year VIII; and
especially of the year IX。 〃Many of the cross roads have entirely
disappeared at the hands of the neighboring owners of the land。 The
paved roads are so much booty。〃 (for example; Vosges; p。429; year IX。)
〃The roads of the department are in such a bad state that the
landowners alongside carry off the stones to build their houses and
wall in their inheritance。 They encroach on the roads daily; the
ditches are cultivated by them the same as their own property。〃
'31' Laws of February 29… March 9; 1804 And February 28 … March 10;
1805。
'32' Laws of July 23; 1802; and of February 27; 1811。
'33' 〃Correspondance de Napoléon;〃 No。 4474 (note dictated to Lucien)。
'34' Decree of March 1; 1808: 〃Are counts by right; all ministers;
senators; councilors of state for life; presidents of the corps
Legislatif; and archbishops。 Are barons by right; all bishops。 May
become barons; after ten years of service; all first presidents and
attorney generals; the mayors of the thirty…six principal towns。 (In