From this point onwards efficiency is hunted and exterminated in every direction; just as it was excluded in the election of representatives, so the representatives laboriously and continuously exclude it from every sort of office and employment under the public service.

The Government, to begin our a.n.a.lysis of functional confusion at the top, ought to be watched and advised by the national representatives, but it ought to be independent of the national representatives, at least it ought not to be inextricably mixed up with them, in other words the national representatives ought not to govern. Under democracy this is precisely what they want to do. They elect the Government, a privilege which need not be denied them; but, "not being able to tolerate the authority which they have created," as soon as they have set it up, they put pressure on it and insist on governing continuously in its place.

The a.s.sembly of national representatives is not a body which makes laws, but a body which, by a never ending string of questions and interruptions, _dictates_ from day to day to the Government what it ought to do, that is to say, it is a body which governs.

The country is governed, literally, by the Chamber of Deputies. _This is absolutely necessary_ if, as the true spirit of the system requires, the people is to be governed by no one but itself, if there is to be no will at work other than the will of the people, emanating from itself and bringing back a sort of harvest of executive acts. Again, I repeat, this is absolutely necessary, in order that there shall be nothing, not even originating with the people, which, for a single moment and within the most narrowly defined limits, shall exercise the functions of sovereignty over the sovereign people.

This is all very well, but government is an art and we a.s.sume that there is a science of government, and here we have the people governed by persons who have neither science nor art, and who are chosen precisely because they have not these qualifications and on the guarantee that they have none of them!

Again, in a democracy of this kind, if there exist, as a result of tradition or of some necessity arising out of foreign relations, an authority, independent for a certain term of years of the legislative a.s.sembly, which has no accounts to render to it and which cannot be questioned or const.i.tutionally overthrown, that authority is so strange, and, if the phrase may pa.s.s, so monstrous an anomaly, that it dares not exercise its power, and dreads the scandal which it would raise by acting on its rights, and seems as it were paralysed with terror at the very thought of its own existence.

And its att.i.tude is right; for if it exercised its powers, or even lent itself to any appearance of so doing, there at once would be an act of will which was not an act of the popular will, a theory altogether contrary to the spirit of this system. For in this system the chief of the state can only be the nominal chief of the state. A will of his own would be an abuse of power, an idea of his own would be an encroachment, and a word of his own would be an act of high treason.

It follows that, if the const.i.tution has formally conferred these powers, the const.i.tution on these points is a dead letter, because it contravenes an unwritten const.i.tution of higher authority, viz., the inner inspiration of the political inst.i.tution.

One of these honorary chiefs of the state has said: "During all my term as president, I was const.i.tutionally silent." This is not correct, for the const.i.tution gave him leave to speak and even to act. At bottom it was true, for the const.i.tution, in allowing him to act and speak, was acting unconst.i.tutionally. In speaking he would have been const.i.tutional, in holding his tongue he was _inst.i.tutional_. He had been in fact _inst.i.tutionally_ silent. He disobeyed the letter of the const.i.tution, but he had admirably extracted its meaning from it, and understood and respected its spirit.

Under democracy, then, the national representatives govern as directly and as really as possible, dictating a policy to the executive and neutralising the supreme chief of the executive to whom it is not able to dictate.

The national representatives are not content with governing, they wish to administer. Now consider how it would be if the permanent officials of finance, justice and police, etc., depended solely on their parliamentary chiefs, who are ministers only because they are the creatures of the popular a.s.sembly, liable to instant and frequent dismissal; surely then, these officials, more permanent than their chiefs, would form an aristocracy, and would administer the state independently of the popular will and according to their own ideas.

This, of course, must not be allowed to happen. There must not be any will but the people's will, no other power, however limited, but its own.

This causes a dilemma which is sufficiently remarkable. Here we seem to have contrary results from the same cause. Since the popular a.s.sembly governs ministers, and frequently dismisses them, they are not able to govern their subordinates as did Colbert and Louvois, and these subordinates accordingly are very independent; so it comes about that the greater the authority which the popular a.s.sembly wields over ministers, the more it is likely to lose in its control over the subordinates of ministers, and in destroying one rival power it creates another.

The dilemma, however, is avoided easily enough. No public official is appointed without receiving its _visa_, and it contrives even to elect the administrative officials. In the first place, the national representatives, in their corporate capacity, and in the central offices of government, watch most attentively the appointment of the permanent staff, and further each single member of the representative government in his province, in his department, in his _arrondiss.e.m.e.nt_ picks and chooses the candidates and really appoints the permanent staff. This is, of course, necessary, if the national will is to be paramount here as well as elsewhere, and if the people is to secure servants of its own type, if it is "to choose its own magistrates," as Montesquieu said.

The people, then, chooses its servants through the intervention of its representatives; and consider, to return to our point, how absolutely necessary it is for it to secure representatives who are intellectually the exact image and imitation of itself. Everything dovetails neatly together.

Here then we have the people interfering influentially in the appointment of the civil service. It continues "to do everything itself." Complaints are raised on all sides of this confusion of politics with the business of administration, and indeed we hear continually that politics pervade everything. But what is the reason of this? It is the principle of the national sovereignty a.s.serting itself.

Politics, political power, means the will of the majority of the nation, and is it not fitting that the will of the majority should make itself felt--indeed need we be surprised that it insists on making itself felt--in the details of public business, as administered by the permanent staff, as well as elsewhere? The ideal of democracy is that the people should elect its own rulers, or, if this is not its ideal, it is its idea, and this is what it does under a parliamentary democracy through the intervention of its representatives.

This is all very well, but efficiency has been dealt another blow. For how is a candidate to recommend himself for an office to which appointment is made by the people and its representatives? By his merit?

His chiefs and his fellow civil servants might be good judges of that; but the people or its representatives are much less capable of judging.

"The people is admirably fitted to choose those to whom it has to entrust some part of its authority"; so Montesquieu; we must now examine this saying a little more closely. What reasons does the philosopher give? "The people can only be guided by things of which it cannot be ignorant, and which fall, so to speak, within its own observation. It knows very well that a man has experience in war, and that he has had such and such successes; it is therefore quite capable of electing a general. It knows that a judge is industrious, that many of those who are litigants in his court go away satisfied, and that he has never been convicted of bribery, and this is enough to warrant it in appointing to any judicial office. It has been impressed by the magnificence or riches of some citizen, and this fits it for appointing an aedile. All these things are matters of fact about which the man in the street has better knowledge than the king in his palace."

This pa.s.sage, I confess, does not appear to be convincing. Why should not a king in his palace know of the riches of a financier, the reputation of a judge or the success of a colonel just as well as the man in the street? There is no difficulty in getting information about such things. The people knows that such an one was always a good judge and such another always an excellent officer. Therefore it is qualified to appoint a general or a high-court judge or other officer of the law.

So be it, but for the selection of a young judge or a young and untried officer what special source of information has the people? I cannot find that it has any. In this very argument, Montesquieu limits the competence of the people to the election of the great chiefs, and of the most exalted magistrates, and indeed further confines the popular prerogative in this matter to a.s.signing an office and career to one who has already given proof of his capacity. But for putting the competent man for the first time in the place where he is wanted, how has the people any special instinct or information? Montesquieu shows that the people can recognise ability when it has been proved, but he says nothing to show that it recognises readily nascent, unproved talent. The argument of Montesquieu is not here conclusive.

He has been led astray, it seems to me, by his desire to present his argument ant.i.thetically (using the term in its logical sense). What he really wished to prove was not so much the truth of the proposition that he was then advancing, but the falsity of quite another proposition. The question for him, the question which he had in his mind, was as follows: Is the people capable of governing the state, of taking measures beforehand, and of understanding and solving the difficulties of home and foreign affairs? By no means. Then is it fit to elect its own magistrates? Well, it might do that. Thus he had been led away by this ant.i.thesis so far as to say: Able to govern?--Certainly not! Able to elect its own magistrates? Admirably! The explanation of the whole paragraph which I have just quoted lies in the conclusion, which runs as follows: "All these things are matters of fact about which the man in the street has better knowledge than the king in his palace. _But_ can the people pursue a policy and know how to avail itself of the places, occasions, and times when action will be profitable? No! certainly not."

The truth is that the people is a little better fitted to choose a magistrate than to undertake a policy for the gradual humbling of the House of Austria. But not very much so, as it is only a little more difficult to humble the House of Austria, than it is to discover the man who is able to do it.

The ma.s.ses are particularly incapable of making initial appointments and of giving promotion in the early stages of a career to those who deserve it. Yet in a democracy this is what they are constantly doing.

Again, by what means has the candidate for civil service employment, who is favoured by the people and its representatives, earned their approval? By his merit, of which the people and its representatives are very bad judges? No! By what then? By his conformity to the general views of the people; that is, by the subserviency of his political opinions. The political opinions of a candidate for civil service employment are the only things which mark him out to the popular choice because they are the only subjects on which the people is a good judge.

Yes, but the subserviency of his political opinions may be combined with real merit. True, but this is a mere matter of chance. The people is not, perhaps, in this particular matter consciously hostile to efficiency, rather it is indifferent, or ignores the qualification altogether. Indeed, there is no great compliment paid to efficiency in such transactions.

Here is what inevitably happens. The candidate for a permanent appointment who is not conscious of possessing any particular merit is not slow to realise that it is by his political opinions that he will succeed, and he naturally professes those which are wanted. The candidate who is conscious of merit, very often knowing very well what less meritorious compet.i.tors are about, and not wishing to be beaten, also professes the same useful opinions. There we have that "infection of evil," which M. Renouvier has explained so admirably in his _Science de la Morale_.

First, then, we see how most of the candidates chosen by the mandatories of the people are incapable; others who are chosen in spite of their capacity are men of indifferent character; and character, we must admit, in all or nearly all public careers is a necessary part of efficiency.

There remains a small number of meritorious persons who have never identified themselves with current political opinions, and who have slipped into public employment, thanks to some brief moment of inattention on the part of the politicians. These intruders sometimes get on by the mere force of circ.u.mstances, but they never reach the highest posts which are always reserved, as indeed is proper and fitting, for those in whom the people has put its trust.

This is how the people administers as well as governs through the intervention of the representative system, dictating to ministers the policy and the details of government.

--I realise, some one here will object, that administrators are nominated by the people, but I do not see how the affairs of the country are actually administered by the people.--

Well, I will tell you. In the first place, by nominating officials it is already far on the road to controlling them, for it infuses into the body of the permanent civil service the spirit of the people to the exclusion of every other source of inspiration, and effectually prevents the civil service from becoming an aristocracy as otherwise it has always a tendency to do. Next, the people does not confine itself to electing its administrators, it watches and spies on them, keeps them in leading strings, and just as the popular representatives dictate to ministers the details of government, so also they dictate to administrators the details of administration.

A _prefet_, a _procureur-general_, an engineer-in-chief under democratic rule is a much hara.s.sed man. He has to play his own hand against his ministerial chief and the deputies of his district. He ought to obey the minister, but he has also to obey the deputies of the district which he administers. In this connection curious points arise and situations not a little complicated. The _prefet_ owes obedience to the deputies and to the minister, and the minister obeys the deputies, and it might therefore have been supposed that there was only one will, the will which the _prefet_ obeyed. But what the minister has to obey is the general will of the popular representatives, and it is this will that he transmits for the allegiance of the _prefet_; but then the _prefet_ finds himself colliding against the individual wills of the deputies of his district. The result is what we may call conflicts of obedience which have extraordinary interest for the psychologist, but which are less agreeable for the _prefet_, the engineer-in-chief, or the _procureur-general_.

We note then, in the first place, how everything concurs to make the representative of the popular will as incompetent as he is omnipotent.

Incompetent he undoubtedly is, as we have already seen, to start with, and _if he were not so already_, he would certainly become so by reason of the trade or rather of the miscellaneous a.s.sortment of trades which are thrust upon him. The surest way of making a man incompetent is to make him Jack-of-all-trades, for then he will be master of none. In the next place, the representative of the popular will and spirit, besides his trade of legislator, has to cross-examine ministers and to dictate to them the details of their duty, that is to say, he has to busy himself in all home and foreign politics. He has also to administer, by choosing and watching administrators and by controlling and inspiring their actions. Without saying anything of the small individual services which it is his interest to render to his const.i.tuents and which his const.i.tuents are by no means backward in demanding, he looks on himself as responsible for the conduct of things in general. He becomes a sort of universal foreman, not a man, but a man-orchestra, a busybody, so busy that he can apply himself to nothing. He cannot study, or think, or investigate, or, to speak accurately, acquire any sense at all.

If he be efficient in some particular subject, when he enters on his public career, he becomes hopelessly inefficient in all subjects after a few years of public life, and then, void of all individuality, he remains nothing but a public man, that is, a man representing the popular will and never thinking, or able to think, of anything but how to make that will prevail.

And, to press the point again, this is all that is wanted of him; for can you conceive a representative of the popular will, who had somehow preserved a measure of competence in financial or judicial administration, who would prefer, before other candidates, not a political partisan but a man of merit, knowledge and apt.i.tude, and who would even approve in an administrator not acts of political partiality but acts that are just and in conformity with the interests of the state? Why! Such a man would be a detestable servant in the eyes of democracy.

Yes, and I have known such a man. He was not wanting in intelligence or wit and he was honest. A lawyer, he was naturally interested in politics. For local reasons he had failed to be elected as deputy or as senator. Tired of fighting, he obtained a judicial appointment by the influence of his political friends. He became president of court. A case was brought before him where the accused, a person not perhaps of altogether blameless life, was clearly not guilty of any indictable offence. The accused, however, a former _prefet_, appointed by a government now become very unpopular, and known as a reactionary and an aristocrat, was pursued by the animosity of the whole democratic population of the town and province. The president, in the face of openly expressed hostility in court, acquitted him. In the evening the president remarked, not without a touch of humour: "There, that serves them right for not making me a senator!" In other words: "If they had accepted me as a politician, they would have made me a fool, or at least paralysed my efficiency. But they would not have it; so here I am, a man who knows the law and applies it. So much the worse for them!"

"By making a man a slave Zeus took from him half his soul." So Homer. By making a man a politician, Demos takes from him his whole soul, and in omitting to make him a politician, it is foolish enough to leave him his soul.

This is why Demos hates a permanent civil service. An irremovable magistrate or functionary is a man whom the const.i.tution sets free from the grip of the populace. An irremovable official is a man enfranchised, a free man. Demos does not love free men.

This will explain why in every nation where it is paramount, democracy suspends from time to time the irremovable independent official element wherever it is found. The object is nominally to clarify and filter the _personnel_ of the official world; but really it is intended to teach the officials whom it spares, that their permanence is only very relative and that, like every one else, they have to reckon with the sovereignty of the people which will turn and rend them if they venture to be too independent.

According to the const.i.tution of 1873 there were irremovable senators in France. In the interest of good government, this was perhaps a sound arrangement. The irremovable senators, in the scheme of the const.i.tution, were intended to be, and in fact were, political and administrative veterans from whose knowledge, efficiency and experience their colleagues were to profit. The plan, from this point of view, might have worked well if the irremovable senators had not been elected by their colleagues but had become so by right; for example every former President of the Republic, every former president of the _Cour de Ca.s.sation_, every former president of the Court of Appeal, every admiral, every archbishop might _ex officio_ have been raised to the rank of senator for life. From the democratic point of view, however, it was regarded as a positive outrage that there should exist a representative of the people who had not to render account to the people, a representative of the people who had nothing to fear from the accidents of re-election, no risk of failing to secure re-election, in other words that a man should be elected for his supposed efficiency, in no sense representing the people but himself alone.

Permanent senators were abolished. Obviously they const.i.tuted a political aristocracy, founded on the pretence of services rendered, and the Senate which elected them also fell under the taint of aristocratic leanings since at that time it recruited its members by co-optation.

This of course could not be tolerated.

CHAPTER III.

THE REFUGES OF EFFICIENCY.

Will efficiency then, you may well ask, when driven out of all public employment, find refuge somewhere? Certainly it will. In private employments and in employments paid by public companies. Barristers, solicitors, doctors, business men, manufacturers and authors are not paid by the state, nor are engineers, mechanics, railway employees; and so far from their efficiency being a bar to their employment, it is their most valuable a.s.set. When a man consults his lawyer or his medical adviser he obviously has no interest in their politics, and when a railway company chooses an engineer, it enquires into his qualifications and ability and is quite indifferent as to whether his political views coincide with the general mentality of the people.

It is for this reason, or at least partly for this reason, that democracy tries to nationalise all employment, as a step in the direction of the nationalisation of everything. For instance it can partly nationalise the medical profession by establishing appointments for doctors, at relief offices, schools, and _lycees_. It can also partly nationalise the legal profession by appointing state-paid professors of law.

Already the State has considerable control over this cla.s.s of person, for most of them have relations in government employment, whom they do not wish to bring into bad odour by seeming hostile to the opinions of the majority. The State, however, wants to hold them in still tighter control by seizing every opportunity of nationalising and socialising them more completely.

The State wants also to destroy all large a.s.sociations, and to absorb their activities. The state purchase of a railway, for instance, is, in the first place, a means of exploiting the company; for there is always a hope that the State will be able to filch something out of the transaction; but its chief recommendation lies in the fact that it suppresses a whole army of the company's officials and employees, who were under no obligation to please the Government, and who had no other interest but to do their work properly. The State will thus transform this free population into government employees, whose primary duty is to be docile and subservient.