书城公版The Origins of Contemporary France
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第131章

On the contrary, in the new theory, every principle promulgated, every precaution taken, every suspicion awaked is aimed against the policeman. In the name of the sovereignty of the people all authority is withdrawn from the government, every prerogative, every initiative, its continuance and its force. The people, being sovereign the government is simply its clerk, and less than its clerk, merely its domestic. - Between them "no contract" indefinite or at least enduring, "and which may be canceled only by mutual consent or the unfaithfulness of one of the two parties. It is against the nature of a political body for the sovereign to impose a law on himself which he cannot set aside." - There is no sacred and inviolable charter "binding a people to the forms of an established constitution. The right to change these is the first guarantee of all rights. There is not, and never can be, any fundamental, obligatory law for the entire body of a people, not even the social contract." - It is through usurpation and deception that a prince, an assembly, and a body of magistrates declare themselves representatives of the people.

"Sovereignty is not to be represented for the same reason that it is not to be ceded. . . . The moment a people gives itself representatives it is no longer free, it exists no more. . . The English people think themselves free but they deceive themselves; they are free only during an election of members of parliament; on the election of these they become slaves and are null. . . the deputies of the people are not, nor can they be, its representatives; they are simply its commissioners and can sign no binding final agreement.

Every law not ratified by the people themselves is null and is no law."[17] -- "A body of laws sanctioned by an assembly of the people through a fixed constitution of the State does not suffice; other fixed and periodical assemblies are necessary which cannot be abolished or extended, so arranged that on a given day the people may be legitimately convoked by the law, no other formal conviction being requisite. . . The moment the people are thus assembled the jurisdiction of the government is to cease, and the executive power is to be suspended," society commencing anew, while citizens, restored to their primitive independence, may reconstitute at will, for any period they determine, the provisional contract to which they have assented only for a determined time. "The opening of these assemblies, whose sole object is to maintain the social compact, should always take place with two propositions, never suppressed, and which are to be voted on separately; the first one, whether the sovereign( people) is willing to maintain the actual form of the government; the second, whether the people are willing to leave its administration in the hands of those actually performing its duties." - Thus, "the act by which a people is subject to its chiefs is absolutely only a commission, a service in which, as simple officers of their sovereign, they exercise in his name the power of which he has made them depositories, and which he may modify, limit and resume at pleasure."[18] Not only does it always reserve to itself "the legislative power which belongs to it and which can belong only to it," but again, it delegates and withdraws the executive power according to its fancy. Those who exercise it are its employees. " It may establish and depose them when it pleases." In relation to it they have no rights. "It is not a matter of contract with them but one of obedience;" they have "no conditions" to prescribe; they cannot demand of it the fulfillment of any engagement. - It is useless to raise the objection that, according to this, every man of spirit or of culture will decline our offices, and that our chiefs will bear the character of lackeys. We will not leave them the freedom of accepting or declining office; we impose it on them authoritatively. "In every true democracy the magistrature is not an advantage but an onerous burden, not to be assigned to one more than to another." We can lay hands on our magistrates, take them by the collar and set them on their benches in spite of themselves. By fair means or foul they are the working subjects (corvéables) of the State, in a lower condition than a valet or a mechanic, since the mechanic does his work according to acceptable conditions, and the discharged valet can claim his eight days' notice to quit. As soon as the government throws off this humble attitude it usurps, while constitutions are to proclaim that, in such an event, insurrection is not only the most sacred right but the most imperative duty. - The new theory is now put into practice, and the dogma of the sovereignty of the people, interpreted by the crowd, is to result in a complete anarchy, up to the moment when, interpreted by its leaders, it produces perfect despotism.

IV. BIRTH OF SOCIALIST THEORY, ITS TWO SIDES.

The second result. - The new theory leads to despotism. -Precedents for this theory. - Administrative centralization. - The Utopia of the Economists. - Invalidity of preceding rights. -Collateral associations not tolerated. - Complete alienation of the individual from the community. - Rights of the State in relation to property, education and religion. - The State a Spartan convent.