第1027章

Such is in itself local society and, with or without the legislator's permission, we find it to be a private syndicate,[9] analogous to many others.[10] Whether communal or departmental, it concerns, combines, and serves none but the inhabitants of one circumscription; its success or failure does not interest the nation, unless indirectly, and through a remote reaction, similar to the slight effect which, for good or ill, the health or sickness of one Frenchman produces on the mass of Frenchmen. That which directly and fully affects a local society is felt only by that society, the same as that which affects a private individual is felt only by him; it is a close corporation, and belongs to itself within its physical limits, the same as he, in his, belongs to himself; like him, then, it is an individual, less simple, but no less real, a human combination, endowed with reason and will, responsible for its acts, capable of wronging and being wronged; in brief, a legal entity. Such, in fact, it is, and, through the explicit declaration of the legislator, who constitutes it a legal entity, capable of possessing, acquiring, and contracting, and of prosecuting in the courts of law: he likewise confers on the eighty-six departments and on the thirty-six thousand communes all the legal capacities and obligations of an ordinary individual. The State, consequently, in relationship to them and to all collective persons, is what it is with respect to a private individual, neither more nor less; its title to intervene between them is not different. As justiciary, it owes them justice the same as to private persons, nothing more or less; only to render this to them, it has more to do, for they are composite and complex. By virtue even of its mandate, it is bound to enter their domiciles in the performance of its duty, to maintain probity and to prevent disorder, to protect there not alone the governed against the governors and the governors against the governed, but again the community, which is lasting, against its directors, who are temporary, to assign to each member his quota of dues or of charges, and his quote of influence or of authority, to regulate the way in which the society shall support and govern itself, to decide upon and sanction the equitable statute, to oversee and impose its execution, that is to say, in sum to maintain the right of each person and oblige each to pay what he owes. - This is difficult and delicate. But, being done, the collective personality is, as much as any individual, complete and defined, independent and distinct from the State; by the same title as that of the individual, it has its own circle of initiation and of action, its separate domain, which is its private affair. The State, on its side, has its own affairs too, which are those of the public; and thus, in the nature of things, both circles are distinct; neither of them should prey upon or encroach on the other. - Undoubtedly, local societies and the State may help each other, lend each other their agents, and thus avoid employing two for one; may reduce their official staff, diminish their expenses, and, through this interchange of secondary offices, do their work better and more economically. For example, the commune and the department may let the State collect and deposit their "additional centimes," borrow from it for this purpose its assessors and other accountants, and thus receive their revenues with no drawback, almost gratis, on the appointed day. In the like manner, the State has very good reason for entrusting the departmental council with the re-distribution of its 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.