PRECIOUS STONES PREFECTURES. 



677 



Later mathematicians, however, as D'Alembert, 

 Euler, Simpson, Laplace, have succeeded in it. Our 

 limits will only allow us to say, in g.eneral, that this 

 phenomenon is owing to the spheroidal figure of 

 the earth, which itself arises from the earth's rota- 

 tion on its axis ; for, as more matter has thus been 

 accumulated all round the equatorial parts than any 

 where else on the earth, the sun and moon, when 

 on either side of the equator, by attracting this re- 

 dundant matter, bring the equator sooner under 

 them, in every return towards it, than if there was 

 no such accumulation. This subject is treated 

 clearly and fully in the 22d book of Lalande's 

 Astronomy (3d edition, Paris, 1792) ; see, also, 

 D'Alembert's Richer ches sur la Precession des 

 Equinoxes (Paris, 1749, 4to) ; and Ferguson's 

 Astronomy (Brewster's edition, Edinburgh, 1821.) 



PRECIOUS STONES. See Gems. 



PRECIPITATION. See Cohesion. 



PREDESTINATION. See Grace, and Calvin. 



PREFECTURES. Among the problems of the 

 modern policy of Europe, there is, perhaps, none 

 more important than the combination which should 

 take place in the administration of the affairs of 

 towns and districts, between the general govern- 

 ment and the local authorities. In the countries of 

 Germany, the care of certain public matters, which 

 formerly belonged to the communities in their gene- 

 ral assemblies, under the superintendence of their 

 bailiffs, counts and princes, was, at an early period, 

 transferred to the sovereign and to the stewards of 

 the princes ; and only here and there have any traces 

 been preserved of an older constitution, which cer- 

 tainly once existed in all the Germanic kingdoms, 

 but has nowhere remained to a considerable extent 

 except in England. For all that relates to the pre- 

 servation of public order and peace, the care of 

 roads, and other public institutions, schools, poor 

 rates, prisons, &c., the parliament is there the su- 

 preme authority, which must determine the general 

 principles on which they are conducted, and must 

 authorize the particular establishments that may be 

 proposed. In the counties, the sheriff, as the king's 

 officer, is only the guardian and administrator of the 

 public authority, the executioner of the royal com- 

 mands and judicial sentences, with power to call 

 out the posse comitatus (q. v.) The administration, 

 on the contrary, is vested chiefly in the justices of 

 the peace, who may be considered as a deputation 

 of the principal persons of each county and it is 

 controlled by the grand jury, which assembles at 

 each court of assizes. (See Assizes^ Connected 

 with this independence of the counties is the right 

 of the people to assemble in order to express their 

 views, wishes and grievances. (See Petition.') This 

 is secured and completed by the liberty of the press. 

 In the states of the continent, the separate districts 

 have ceased to govern themselves, and have come 

 under the control of officers appointed by the gene- 

 ral government ; and in most of the German coun- 

 tries, colleges of counsellors have become common 

 since the sixteenth century. In France, a similar 

 course of things has taken place ; in some of the 

 provinces, indeed, the constitution of the estates 

 was retained, and in others local officers (Slus) were 

 established to superintend the taxation ; but the 

 estates in the pays d'etats were by degrees much 

 restricted, and the tlus reduced to mere royal offi- 

 cers. Most of the subjects of country police were 

 transferred to the superior bailiwics, royal officers 

 and parliament ; but, as the conseils du roi were 

 more and more developed, not only did it become 

 the common course of things to prefer petitions to 

 them, but maitres des requetes were annually sent 

 through the provinces to examine the administra- 



tion of them in all its branches including military, 

 judiciary, financial and police affairs. Henry II. 

 established them, in 1551, as perpetual overseers in 

 all the provinces, and, under Louis XIII., in 1635, 

 they received the name of intendants. Their official 

 powers were more and more enlarged. They were 

 bound to unconditional obedience to the ministers, 

 and could be recalled at any time. To their func- 

 tions belonged the proportional assessment of taxes, 

 the levying of soldiers, and their removal, the pro- 

 curing of supplies for the army and the royal 

 magazines, the keeping of roads, bridges and public 

 edifices in repair, the care of the common concerns 

 of the districts, the regulation of the trade in corn 

 from one province to another, &c. It was often 

 suggested to introduce, instead of these men, invest- 

 ed with such arbitrary powers, a collegial adminis- 

 tration, a part of whose members, at least, should 

 be chosen by the provinces themselves. But this 

 was never done ; and thus the office of intendants 

 remained till the revolution, and the abuses of their 

 authority contributed not a little to produce this 

 catastrophe. It was therefore one of the first doings 

 of the national convention to abolish these offices, 

 and, instead of them, to erect in each department a 



feneral administration, whose members were chosen 

 y the citizens. A directory of the department was 

 permanent : a council, on the other hand, was to 

 meet every year, to fix the expenditures of the de 

 partment, to audit accounts, and to exercise a de- 

 gree of legislative power over the affairs of the 

 department. A similar regulation was introduced 

 in the districts and single towns. But, by this 

 organization, the power of the government was 

 much weakened, and the authorities of the depart- 

 ments often came forward in open opposition to 

 the ministry. It was, therefore, one of the first 

 operations of Napoleon, who cannot be denied to 

 have possessed an extraordinary sagacity in all that 

 pertains to the mechanism of government, to restore 

 the intendants, not, however, under this odious 

 name, but under the appellation of prefects. This 

 was accomplished by the law of February 17, 1800 

 (28 Pluv., year VIII.), by which there was estab- 

 lished for each department a prefect (to be appoint- 

 ed and dismissed at pleasure by the first consul), a 

 council of the prefecture, consisting of 3 5 mem- 

 bers, and a general council of the department. The 

 last, also, appointed by the first consul, was to as- 

 semble once a year to distribute the quota of the 

 departmental taxes among the districts (arrondisse- 

 mens, or under-prefectures), to fix the expenses of 

 the department, to decide on remonstrances respect- 

 ing excessive taxation, and to audit the accounts of 

 the prefects respecting the departmental treasury. 

 But it seems that these conseils gSnfraux de departe- 

 ment, as well as the conseils d'arrondissement, were 

 tacitly suffered to fall into disuse. The prefects are 

 intrusted with the whole organization and manage- 

 ment of the police establishments ; but the punish- 

 ment of offences against the police regulations be- 

 longs to particular courts not under their control. 

 Within this sphere of action, the prefects are un- 

 checked : the sub-prefects, who stand at the head 

 of the districts, are entirely subject to their com- 

 mands ; and the authorities of the communities, as 

 well as the justices of the peace, can set no limits 

 to their activity. The courts have no cognizance of 

 any matter which has already been decided by an 

 act of prefecture (arretS of the prefects, or council 

 of the prefecture), even though the officers may 

 have exceeded their powers until that act has been 

 avoided by the competent authorities. By means of 

 the prefects, the ministry can exert a great influence, 

 not merely on public, but also on private affairs. 



