if it thinks it possesses
a national and representative chamber. It is merely a constituted
authority emanating from the government like the others."--Ibid., P.147:
"It must not be in the power of a legislative body to impede government
by refusing taxes; once the taxes are established they should be levied
by simple decrees. The court of cassation regards my decrees as laws;
otherwise, there would be no government." (January 9, 1808.)--Ibid., p.
147:" If I ever had any fear of the senate I had only to put fifty young
state-councillors into it." (December 1, 1803.)--Ibid., p.150: "If an
opposition should spring up in the legislative corps I would fall
back on the senate to prorogue, change it, or break it up." (March 29,
1806.)--Ibid., p.151: "Sixty legislators go out every year which one
does not know what to do with; those who do not get places go and
grumble in the departments. I should like to have old land-owners
married, in a certain sense, to the state through their family or
profession, attached by some tie to the commonwealth. Such men would
come to Paris annually, converse with the emperor in his own circle, and
be contented with this little bit of vanity relieving the monotony
of their existence." (Same date.)--Cf. Thibaudeau, "Memoires sur le
Consulat," ch. XIII., and M. de Metternich, "Memoires," I., 120 (Words
of Napoleon at Dresden, in the spring of 1812): "I shall give the senate
and the council of state a new organization. The former will take the
place of the upper chamber, the latter that of the chamber of deputies.
I shall continue to appoint the senators; I shall have the state
councillors elected one-third at a time on triple lists; the rest I will
appoint. Here will the budget be prepared and the laws elaborated."--We
see the corps legislatif, docile as it is, still worrying him, and very
justly; he foresaw the session of 1813.]

CHAPTER II. PUBLIC POWER

I. Principal service rendered by the public power.

Principal service rendered by the public power.--It is an
instrumentality.--A common law for every instrumentality.
--Mechanical instruments.--Physiological instruments.--Social
instruments.--The perfection of an instrument increases with
the convergence of its effects.

What is the service which the public power renders to the public?--The
principal one is the protection of the community against the foreigner,
and of private individuals against each oth