h other at many points; hence, each of the two is the
auxiliary, and, if need be, the substitute of the other.]
[Footnote 4113: Rocquain, "l'Etat de la France au 18 Brumaire," passim.]
[Footnote 4114: Raynouard, "Histoire du droit municipal,"II., 356,
and Dareste, "Histoire de l'administration en France," I., 209, 222.
(Creation of the posts of municipal mayor and assessors by the king,
in 1692, for a money consideration.) "These offices were obtained by
individuals, along with hereditary title, now attached to communities,
that is to say, bought in by these," which put in their possession the
right of election.--The king frequently took back these offices which he
had sold, and sold them over again. In 1771, especially, he takes them
back, and, it seems, to keep them forever; but he always reserves the
right of alienating them for money. For example (Augustin Thierry,
"Documens sur l'histoire du tiers Etat," III., 319), an act of the royal
council, dated October 1, 1772, accepts 70,000 francs from the town of
Amiens for the repurchase of the installment of its magistracies, and
defining these magistracies, as well as the mode of election according
to which the future incumbents shall be appointed. Provence frequently
bought back its municipal liberties in the same fashion, and, for a
hundred years, expended for this purpose 12,500,000 livres. In 1772, the
king once more established the venality of the municipal offices: but,
on the Parliament of Aix remonstrating, in 1774, he returned their old
rights and franchises to the communities.--Cf. Guyot, "Repertoire de
jurisprudence" (1784), articles, Echevins, Capitouls, Conseillers.]
[Footnote 4115: Thibaudeau, p.72 (words of the First Consul at a meeting
of the Council of State, Pluviose 14, year X).]
[Footnote 4116: Roederer, III., 439 (Note of Pluviose 28, year VIII),
ib., 443 "The pretended organic senatus-consulte of Aug. 4, 1802, put an
end to notability by instituting electoral colleges... The First Consul
was really recognized as the grand-elector of the notability,"]
[Footnote 4117: Any dictator or dictator's draftsman will, upon reading
this understand how easy it is to make a sham constitution and sham
electoral systems for a de facto dictatorship.(SR.)]
[Footnote 4118: Thibaudeau, 72, 289 (words of the First Consul at a
meeting of the Council of State, Thermidor 16, year X).]
[Footnote 4119: Ibid., p. 293. Senatus-consulte of Thermidor 16, year X,
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