"The Law," "The State," and Other Political Writings, 1843-1850

19. Parliamentary Conflicts of Interest

366 [vol. 5, p. 518. “Incompatibilités parlementaires.” March 1850. n.p.] We have translated the title of this pamphlet as “Parliamentary Conflicts of Interest” (and related occurrences of the word incompatibilités as “conflicts of interest”) instead of retaining the literal English translation, which presents some awkwardness. In the context of this pamphlet, Bastiat is referring to the matter of civil servants who have been elected to the Chamber of Deputies and whether or not they should continue to fulfill their work commitments to the state while they serve in the Chamber. Bastiat argued that it was “incompatible” for them to do both.] Citizen Representatives, I urge you to give some attention to this article. “Is it a good thing to exclude certain categories of citizen from the National Assembly?”  19  Parliamentary Conflicts of Interest1,2 1. (Paillottet’s note) This article, published in March 1849, was reprinted in 1850, a few months before the author’s death. [Toward the end of Bastiat’s life, his health was failing to the point where he could no longer speak in the Chamber, and so in March 1849 he distributed his would-be speech in pamphlet form to his friends and colleagues.] The views he developed in it were deeply rooted in his mind, as can be seen in his “Letter to M. Larnac” dating from 1846 in vol. 1, as well as in the article written in 1830 titled “To the Electors of the Département of the Landes.” (OC, vol. 1, p. 480, “À M. Larnac, député des Landes,” and vol. 1, p. 217, “Aux électeurs du département des Landes.”) 2. Bastiat distributed this pamphlet to his colleagues, in March 1849, during the debate on the draft of an electoral bill prepared by a commission of fifteen members directed by Adolphe Billault. A prior discussion had taken place in June 1848. At that time Bastiat had proposed the following amendment, which was rejected: “Civil servants who are elected deputies will not exercise their function during their mandates. . . . No deputy will be appointed to public functions during his mandate.” Parliamentary Conflicts of Interest 367 “Is it a good thing to make high political office seem dazzling in the eyes of deputies?” These are the two questions that I will deal with now. The constitution itself has not raised more important ones. However, a very strange thing has happened: one of these questions, the second one, was decided without discussion. Should the government recruit in the Chamber? England says yes and is in trouble because of this. America says no and is thereby doing well. In ’89 we adopted the American way of thinking; in 1814 we preferred the English way. Between authorities of this stature, there is, it would appear, good reason for caution. However, the National Assembly has plumped for the system of the restoration imported from England and has done this without discussion. The author of this article had put forward an amendment. In the time he took to mount the steps of the rostrum, the question was decided. “I propose,” he said. “The Chamber has voted,” shouted the president. “What! Without allowing me to . . .” “The Chamber has voted.” “But nobody was aware of this!” “Consult the office; the Chamber has voted.” Certainly on this occasion, the Assembly will not be reproached for being systematically dilatory! What should we do? Grab the attention of the Assembly before the final vote. I am doing this in writing in the hope that a more-experienced voice will come to my assistance. Besides, for the ordeal of a verbal discussion, the lungs of a stentor would be needed to address attentive hearers. Decidedly, the safest thing is to put it in writing. Citizen deputies, from the depths of my soul and conscience, I believe that section 4 of the electoral law must be redrafted. As it is, it will lead to anarchy. There is still time, let us not bequeath this scourge to the country. The issue of conflicts of interest raises two profoundly separate questions that have nevertheless often been confused. Will the position of deputy in the National Assembly be open or closed to those whose careers are in the civil service? Will a civil service career be open or closed to deputies of the people? These are certainly two separate questions that have no connection with one another, so much so that solving one does not prejudice in any way the solution of the other. The position...