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have contributed gratis； he lets matters go along without him； just as
it happens； he remains there just what he is； a workable； taxable
individual in capricious hands； in short； a passive subject who gives
and has become resigned。 … For this reason； in countries where an
encroaching democracy has not yet abolished or perverted the notion of
equity； the local statute applies the fundamental rule of an equitable
exchange； it lays down the principle that
he who pays commands； and in proportion to the sum he pays。＇22＇
In England； a surplus of votes is awarded to those most heavily taxed；
even six votes to one voter； in Prussia； local taxation is divided
into thirds； and； accordingly； the taxpayers into three groups； the
first one composed of heavy taxpayers； few in number； and who pay the
first third； the second composed of average taxpayers； average in
number； and who pay the second third； and the third composed of the
great number of small taxpayers； who pay the last third。＇23＇ To each
of these groups is assigned the same number of suffrages in the
commune election； or the same number of representatives in the commune
representation。 Through this approximate balance of legal burdens and
of legal rights； the two sides of the scales are nearly level； the
level which distributive justice demands； and the level which the
state； special interpreter； sole arbiter and universal minister of
distributive justice； should establish when； in the local community；
it imposes； rectifies； or maintains the articles in accordance with
which it derives its income and governs。
IV。 On unlimited universal suffrage。
How unlimited universal suffrage found its way into local society。 …
Object and mode of the French legislator。
If the government； in France； does just the opposite； it is at the
height of a violent and sudden revolution； forced by the party in
power and by popular prejudice； through deductive reasoning； and
through contagion。 According to revolutionary and French usage； the
legislator was bound to institute uniformity and to make things
symmetrical； having placed universal suffrage in political society； he
was likewise determined to place it in local society。 He had been
ordered to apply an abstract principle； that is to say； to legislate
according to a summary； superficial； and verbal notion which；
purposely curtailed and simplified to excess； did not correspond with
its aim。 He obeyed and did nothing more； he made no effort outside of
his instructions。 He did not propose to himself to restore local
society to its members； to revive it； to make it a living body；
capable of spontaneous； co…ordinate； voluntary action； and； to this
end； provided with indispensable organs。 He did not even take the
trouble to imagine； how it really is； I mean by this； complex and
diverse and inversely to legislators before 1789； and adversely to
legislators before and after 1789 outside of France； against all the
teachings of experience； against the evidence of nature； he refused to
recognize the fact that； in France； mankind are of two species； the
people of the towns and the people of the country； and that；
therefore； there are two types of local society； the urban commune and
the rural commune。 He was not disposed to take this capital difference
into consideration； he issued decrees for the Frenchman in general；
for the citizen in himself； for fictive men； so reduced that the
statute which suits them can nowhere suit the actual and complete man。
At one stroke； the legislative shears cut out of the same stuff；
according to the same pattern； thirty…six thousand examples of the
same coat； one coat indifferently for every commune； whatever its
shape； a coat too small for the city and too large for the village；
disproportionate in both cases； and useless beforehand； because it
could not fit very large bodies； nor very small ones。 Nevertheless；
once dispatched from Paris； people had to put the coat on and wear it；
it must answer for good or for ill； each donning his own for lack of
another better adjusted； hence the strangest attitudes for each； and；
in the long run； a combination of consequences which neither governors
nor the governed had foreseen。
V。 Rural or urban communes。
No distinction between the rural and the urban commune。 … Effects of
the law on the rural commune。 … Disproportion between the intelligence
of its elected representatives and the work imposed upon them。 … The
mayor and the municipal council。 … Lack of qualified members。 … The
secretary of the mayoralty。 … The chief or under chief of the
prefectorial bureau。
Let us consider these results in turn in the small and in the great
communes； clear enough and distinct at the two extremities of the
scale； they blend into each other at intermediate degrees； because
here they combine together； but in different proportions； according as
the commune； higher or lower in the scale； comes nearer to the village
or to the city。 … On this territory； too； subdivided since 1789； and；
so to say； crumbled to pieces by the Constituent Assembly； the small
communes are enormous in number； among the 36；000； more than 27；000
have less than 1000 inhabitants； and of these； more than 16；000 have
less than 500 inhabitants。＇24＇ Whoever has traveled over France； or
lived in this country； sees at once what sort of men compose such
purely rural groups； he has only to recall physiognomies and attitudes
to know to what extent in these rude brains； rendered torpid by the
routine of manual labor and oppressed by the cares of daily life； how
narrow and obstructed are the inlets to the mind； how limited is their
information in the way of facts； how； in the way of ideas； the
acquisition of them is slow； what hereditary distrust separates the
illiterate mass from the lettered class； what an almost insurmountable
wall the difference of education； of habits； and of manners interposes
in France between the blouse and the dress…coat； why； if each commune
contains a few cultivated individuals and a few notable proprietors；
universal suffrage sets them aside； or at least does not seek them out
for the municipal council or the mayoralty。 … Before 1830； when the
prefect appointed the municipal councilors and the mayor； these were
always on hand； under the monarchy of July and a limited suffrage；
they were still on hand； at least for the most part； under the second
Empire； whatever the elected municipal council might be； the mayor；
who was appointed by the prefect； and even outside of this council；
might be one of the least ignorant and least stupid even in the
commune。 At the present day （1889）； it is only accidentally and by
chance that a noble or bourgeois； in a few provinces and in certain
communes； may become mayor or municipal councilor； it is； however；
essential that he should be born on the soil； long established there；
resident and popular。 Everywhere else the numerical majority； being
so