The State of Society in France Before the Revolution of 1789. Alexis de Tocqueville

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СКАЧАТЬ in each parish; his Sub-delegate superintended the drawing of the lots, decided all cases of exemption, designated those militia-men who were allowed to remain with their families and those who were to join the regiment, and finally delivered over the latter to the military authorities. There was no appeal except to the Intendant or the Council.

      It may be said with equal accuracy that, except in the pays d’état, all the public works, even those that had a very special destination, were decided upon and managed by the agents of the central power alone.

      There certainly existed local and independent authorities, who, like the seigneur, the boards of finance, and the grands voyers (surveyors of public roads), had the power of taking a part in such matters of public administration. But all these ancient authorities, as may be seen by the slightest examination of the administrative documents of the time, bestirred themselves but little, or bestirred themselves no longer. All the great roads, and even the cross-roads leading from one town to another, were made and kept up at the cost of the public revenue. The Council decided the plan and contracted for its execution. The Intendant directed the engineering works, and the Sub-delegate got together the compulsory labourers who were to execute them. The care of the by-roads was alone left to the old local authorities, and they became impassable.

      As in our days, the body of the Ponts et Chaussées was the great agent of the Central Government in relation to public works, and, in spite of the difference of the times, a very remarkable resemblance is to be found in their constitution now and then. The administration of the Ponts et Chaussées had a council and a school, inspectors who annually travelled over the whole of France, and engineers who resided on the spot and who were appointed to direct the works under the orders of the Intendant. A far greater number of the institutions of the old monarchy than is commonly supposed have been handed down to the modern state of French society, but in their transmission they have generally lost their names, even though they still preserve the same forms. As a rare exception, the Ponts et Chaussées have preserved both one and the other.

      The Central Government alone undertook, with the help of its agents, to maintain public order in the provinces. The maréchaussée, or mounted police, was dispersed in small detachments over the whole surface of the kingdom, and was everywhere placed under the control of the Intendants. It was by the help of these soldiers, and, if necessary, of regular troops, that the Intendant warded off any sudden danger, arrested vagabonds, repressed mendicity, and put down the riots, which were continually arising from the price of corn. It never happened, as had been formerly the case, that the subjects of the Crown were called upon to aid the Government in this task, except indeed in the towns, where there was generally a town-guard, the soldiers of which were chosen and the officers appointed by the Intendant.

      The judicial bodies had preserved the right of making police regulations, and frequently exercised it; but these regulations were only applicable to a part of the territory, and, more generally, to one spot only. The Council had the power of annulling them, and frequently did annul them in cases of subordinate jurisdiction. But the Council was perpetually making general regulations applicable to all parts of the kingdom, either relative to subjects different from those which the tribunals had already settled, or applicable to those which they had settled in another manner. The number of these regulations, or arrêts du Conseil, as they were then called, was immense; and they seem to have constantly increased the nearer we approach the Revolution. There is scarcely a single matter of social economy or political organisation that was not reorganised by these arrêts du Conseil during the forty years preceding that event.

      Under the ancient feudal state of society, the lord of the soil, if he possessed important rights, had, at the same time, very heavy obligations. It was his duty to succour the indigent in the interior of his domains. The last trace of this old European legislation is to be found in the Prussian Code of 1795, which says, ‘The lord of the soil must see that the indigent peasants receive an education. It is his duty to provide means of subsistence to those of his vassals who possess no land, as far as he is able. If any of them fall into want, he must come to their assistance.’

      But no law of the kind had existed in France for a long time. The lord, when deprived of his former power, considered himself liberated from his former obligations; and no local authority, no council, no provincial or parochial association, had taken his place. No single being was any longer compelled by law to take care of the poor in the rural districts, and the Central Government had boldly undertaken to provide for their wants by its own resources.

      Every year the Council assigned to each province certain funds derived from the general produce of the taxes, which the Intendant distributed for the relief of the poor in the different parishes. It was to him that the indigent labourer had to apply, and, in times of scarcity, it was he who caused corn or rice to be distributed among the people. The Council annually issued ordinances for the establishment of charitable workshops (ateliers de charité) where the poorer among the peasantry were enabled to find work at low wages, and the Council took upon itself to determine the places where these were necessary. It may be easily supposed, that alms thus bestowed from a distance were indiscriminate, capricious, and always very inadequate.19

      The Central Government, moreover, did not confine itself to relieving the peasantry in time of distress; it also undertook to teach them the art of enriching themselves, encouraged them in this task, and forced them to it, if necessary.20 For this purpose, from time to time, it caused distributions of small pamphlets upon the science of agriculture to be made by its Intendants and their Sub-delegates, founded schools of agriculture, offered prizes, and kept up, at a great expense, nursery-grounds, of which it distributed the produce. It would seem to have been more wise to have lightened the weight and modified the inequality of the burdens which then oppressed the agriculture of the country, but such an idea never seems to have occurred.

      Sometimes the Council insisted upon compelling individuals to prosper, whether they would or no. The ordinances constraining artisans to use certain methods and manufacture certain articles are innumerable; and as the Intendants had not time to superintend the application of all these regulations, there were inspectors-general of manufactures, who visited in the provinces to insist on their fulfilment. Some of the arrêts du Conseil even prohibited the cultivation of certain crops which the Council did not consider proper for the purpose; whilst others ordered the destruction of such vines as had been, according to its opinion, planted in an unfavourable soil. So completely had the Government already changed its duty as a sovereign into that of a guardian.

      CHAPTER III

SHOWING THAT WHAT IS NOW CALLED ADMINISTRATIVE TUTELAGE WAS AN INSTITUTION IN FRANCE ANTERIOR TO THE REVOLUTION

      In France municipal freedom outlived the feudal system. Long after the landlords were no longer the rulers of the country districts, the towns still retained the right of self-government. Some of the towns of France continued down to nearly the close of the seventeenth century to form, as it were, small democratic commonwealths, in which the magistrates were freely elected by the whole people and were responsible to the people—in which municipal life was still public and animated—in which the city was still proud of her rights and jealous of her independence.

      These elections were generally abolished for the first time in 1692. The municipal offices were then what was called put up to sale (mises en offices was the technical expression), that is to say, the King sold in each town to some of the inhabitants the right of perpetually governing all their townsmen.

      This measure cost the towns at once their freedom and their well-being; for if the practice of the sale of commissions for a public employment sometimes proved useful in its effects when applied to the courts of justice—since the first condition of the good administration of justice is the complete independence of the judge—this system never failed to be extremely mischievous whenever it was applied to posts of administrative duty, which demand, above all things, СКАЧАТЬ