ds the complete separation of
political functions as of the departments of industry. The judicial
functions--with their different specialties, their hierarchy, their
irremovability, their union in a single ministry--testify undoubtedly
to their privileged position and their efforts towards centralisation.
But these functions do not arise from the people upon whom they are
exercised; their purpose is the administration of executive power;
they are not subordinated to the country by election, but to the
Government, president, or princes, by nomination. The consequence is
that the liberties of the people who are judged are given into the
hands of those who are supposed to be their natural judges, like
parishioners into the hands of their pastor, so that the people belong
to the magistrates as an inheritance, while the litigants exist for
the sake of the judge, and not the judge for the sake of the
litigants. Apply universal suffrage and the system of elective grades
to judicial functions in the same way as to ecclesiastic; take away
their irremovability which is the denial of the right of election;
take away from the State all action and influence upon the judges; let
this order, centralised in and for itself, arise solely from the
people, and you have taken away from the State its most powerful
implement of tyranny. You have made out of justice a principle of
freedom and order, and unless you suppose that the people from whom,
by means of universal suffrage, all power must proceed is in
contradiction with itself, and that it does not wish in the case of
justice what it wishes in the case of religion, or _vice versa_, you
may rest assured that the division of power can produce no conflict.
You can confidently establish the principle that division and
equilibrium will in future be synonymous.

"I pass over to another case, to the military power. It belongs to the
citizens to nominate their military commanders in due order, by
advancing simple privates and national guards to the lower grades and
officers to the higher grades in the army. Thus organised the army
maintains its citizen-like sentiment. There is no longer a nation in a
nation, a country in a country, a kind of wandering colony where the
citizen is a citizen amongst soldiers, and learns to fight against his
own country. The nation itself, centralised in its strength and youth,
can, independently of the power of the State, appeal to the public
power in the name of