applied to history that definition of power needs explanation.
The science of jurisprudence regards the state and power as the ancients regarded fire—namely, as something existing absolutely. But for history, the state and power are merely phenomena, just as for modern physics fire is not an element but a phenomenon.
From this fundamental difference between the view held by history and that held by jurisprudence, it follows that jurisprudence can tell minutely how in its opinion power should be constituted and what power—existing immutably outside time—is, but to history's questions about the meaning of the mutations of power in time it can answer nothing.
If power be the collective will of the people transferred to their ruler, was Pugachëv a representative of the will of the people? If not, then why was Napoleon I? Why was Napoleon III a criminal when he was taken prisoner at Boulogne, and why, later on, were those criminals whom be arrested?
Do palace revolutions—in which sometimes only two or three people take part—transfer the will of the people to a new ruler? In international relations, is the will of the people also transferred to their conqueror? Was the will of the Confederation of the Rhine transferred to Napoleon in 1806? Was the will of the Russian people transferred to Napoleon in 1809, when our army in alliance with the French went to fight the Austrians?
To these questions three answers are possible:
Either to assume (1) that the will of the people is always unconditionally transferred to the ruler or rulers they have chosen, and that therefore every emergence of a new power, every struggle against the power once appointed, should be absolutely regarded as an infringement of the real power; or (2) that the will of the people is transferred to the rulers conditionally, under definite and known conditions, and to show that all limitations, conflicts, and even destructions of power result from a nonobservance by the rulers of the conditions under which their power was entrusted to them; or (3) that the will of the people is delegated to the rulers conditionally, but that the conditions are unknown and indefinite, and that the appearance of several authorities, their struggles and their falls, result solely from the greater or lesser fulfillment by the rulers of these unknown conditions on which the will of the people is transferred from some people to others.
And these are the three ways in which the historians do explain the relation of the people to their rulers.
Some historians—those biographical and specialist historians already referred to—in their simplicity failing to understand the question of the meaning of power, seem to consider that the collective will of the people is unconditionally transferred to historical persons, and therefore when describing some single state they assume that particular power to be the one absolute and real power, and that any other force opposing this is not a power but a violation of power—mere violence.
Their theory, suitable for primitive and peaceful periods of history, has the inconvenience—in application to complex and stormy periods in the life of nations during which various powers arise simultaneously and struggle with one another—that a Legitimist historian will prove that the National Convention, the Directory, and Bonaparte were mere infringers of the true power, while a Republican and a Bonapartist will prove: the one that the Convention and the other that the Empire was the real power, and that all the others were violations of power. Evidently the explanations furnished by these historians being mutually contradictory can only satisfy young children.
Recognizing the falsity of this view of history, another set of historians say that power rests on a conditional delegation of the will of the people to their rulers, and that historical leaders have power only conditionally on carrying out the program that the will of the people has by tacit agreement prescribed to them. But what this program consists in these historians do not say, or if they do they continually contradict one another.
Each historian, according to his view of what constitutes a nation's progress, looks for these conditions in the greatness, wealth, freedom, or enlightenment of the citizens of France or some other country. But not to mention the historians' contradictions as to the nature of this program—or even admitting that some one general program of these conditions exists—the facts of history almost always contradict that theory. If the conditions under which power is entrusted consist in the wealth, freedom, and enlightenment of the people, how is it that Louis XIV and Iván the Terrible end their reigns tranquilly, while Louis XVI and Charles I are executed by their people? To
