es consisting in an elective or hereditary
man-at-arms, possessing vigilant eyes and vigorous arms, and who,
with blows, excites fear and, through fear, maintains order. In the
regulation and limitation of his blows divers instrumentalities are
employed, a pre-established constitution, a division of powers, a code
of laws, tribunals, and legal formalities. At the bottom of all these
wheels ever appears the principal lever, the efficacious instrument,
namely, the policeman armed against the savage, brigand and madman each
of us harbors, in repose or manacled, but always living, in the recesses
of his own breast.[3416]
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withdrawn from the government, every prerogative, every initiative, its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."[3417]--"A body of laws sanctioned by an assembly of the people
through a fixed constitution of the
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