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the origins of contemporary france-5-第123章

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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

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