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

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СКАЧАТЬ 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, responsibility, subordination, and zeal. The Government of the old French monarchy was perfectly aware of the real effects of such a system. It took great care not to adopt for itself the same mode of proceeding which it applied to the towns, and scrupulously abstained from putting up to sale the commissions of its own Intendants and Sub-delegates.

      And it well deserves the whole scorn of history that this great change was accomplished without any political motive. Louis XI. had curtailed the municipal liberties of the towns, because he was alarmed by their democratic character;[22] Louis XIV. destroyed them under no such fears. The proof is that he restored these rights to all the towns which were rich enough to buy them back again. In reality, his object was not to abolish them, but to traffic in them; and if they were actually abolished, it was, without meaning it, by a mere fiscal expedient. The same thing was carried on for more than eighty years. Seven times within that period the Crown resold to the towns the right of electing their magistrates, and as soon as they had once more tasted this blessing, it was snatched away to be sold to them once more. The motive of the measure was always the same, and frequently avowed. ‘Our financial necessities,’ says the preamble to an edict of 1722, ‘compel us to have recourse to the most effectual means of relieving them.’ The mode was effectual, but it was ruinous to those who bore this strange impost. ‘I am struck with the enormity of the sums which have been paid at all times to purchase back the municipal offices,’ writes an Intendant to the Comptroller-General in 1764. ‘The amount of these sums spent in useful improvements would have turned to the advantage of the town, which has, on the contrary, felt nothing but the weight of authority and the privileges of these offices.’ I have not detected a more shameful feature in the whole aspect of the government of France before the Revolution.

      It seems difficult to say with precision at the present time how the towns of France were governed in the eighteenth century; for, besides that the origin of the municipal authorities fluctuated incessantly, as has just been stated, each town still preserved some fragments of its former constitution and its peculiar customs. There were not, perhaps, two towns in France in which everything was exactly similar; but this apparent diversity is fallacious, and conceals a general resemblance.[23]

      In 1764 the Government proposed to make a general law on the administration of the towns of France, and for this purpose it caused reports to be sent in by the Intendants of the Crown on the existing municipal government of the country. I have discovered a portion of the results of this inquiry, and I have fully satisfied myself by the perusal of it that the municipal affairs of all these towns were conducted in much the same manner. The distinctions are merely superficial and apparent—the groundwork is everywhere the same.

      In most instances the government of the towns was vested in two assemblies. All the great towns were thus governed, and some of the small ones. The first of these assemblies was composed of municipal officers, more or less numerous according to the place. These formed the executive body of the community, the corporation or corps de la ville, as it was then termed. The members of this body exercised a temporary power, and were elected when the King had restored the elective power, or when the town had been able to buy up its offices. They held their offices permanently upon a certain payment to the Crown, when the Crown had appropriated the patronage and succeeded in disposing of it by sale, which was not always the case; for this sort of commodity declined in value precisely in proportion to the increasing subordination of the municipal authority to the central power. These municipal officers never received any stipend, but they were remunerated by exemptions from taxation and by privileges. No regular gradation of authority seems to have been established among them—their administration was collective. The mayor was the president of the corporation, not the governor of the city.

      The second assembly, which was termed the general assembly, or as we should say in England the livery, elected the corporation, wherever it was still subject to election, and always continued to take a part in the principal concerns of the town.

      In the fifteenth century this general assembly frequently consisted of the whole population. ‘This custom,’ said one of the authors of these Reports, ‘was consistent with the popular spirit of our forefathers.’ At that time the whole people elected their own municipal officers; this body was sometimes consulted by the corporation, and to this body the corporation was responsible. At the end of the seventeenth century the same state of things might sometimes be met with.

      In the eighteenth century the people acting as a body had ceased to meet in this general assembly; it had by that time become representative. But, it must be carefully remarked, that this body was no longer anywhere elected by the bulk of the community, or impressed with its spirit. It was invariably composed of notables, some of whom sat there in virtue of a personal right; others were deputed by guilds or companies, from which each of them received imperative instructions.

      As this century rolled on, the number of these notables sitting in virtue of their own right augmented in the popular assembly; the delegates of the working guilds fell away or disappeared altogether. They were superseded by the delegates of the great companies, or, in other words, the assembly contained only burgesses and scarcely any artisans. Then the citizens, who are not so easily imposed on by the empty semblance of liberty as is sometimes supposed, ceased everywhere to take an interest in the affairs of the town, and lived like strangers within their own walls. In vain the civic magistrates attempted from time to time to revive that civic patriotism which had done so many wonders in the Middle Ages. The people remained deaf. The greatest interests of the town no longer appeared to affect the citizens. They were asked to give their suffrages when the vain counterfeit of a free election had been retained; but they stood aloof. Nothing is more frequent in history than such an occurrence. Almost all the princes who have destroyed freedom have attempted at first to preserve the forms of freedom, from Augustus to our own times; they flattered themselves that they should thus combine the moral strength which public assent always gives, with the conveniences which absolute power can alone offer. But almost all of them have failed in this endeavour, and have soon discovered that it is impossible to prolong these false appearances where the reality has ceased to exist.

      In the eighteenth century the municipal government of the towns of France had thus everywhere degenerated into a contracted oligarchy. A few families managed all the public business for their own private purposes, removed from the eye of the public, and with no public responsibility. Such was the morbid condition of this administration throughout the whole of France. All the Intendants pointed it out; but the only remedy they suggested was the increased subjection of the local authorities to the Central Government.

      In this respect, however, it was difficult for success to be more complete. Besides the Royal edicts, which from time to time modified the administration of all the towns in France, the local by-laws of each town were frequently overruled by Orders in Council, which were not registered—passed on the recommendation of the Intendants, without any previous inquiry, and sometimes without the citizens of the towns themselves knowing anything of the matter.[24]

      ‘This measure,’ said the inhabitants of a town which had been affected by a decree of this nature, ‘has astonished all the orders of the city, who expected nothing of the kind.’

      The towns of France at this period could neither establish an octroi on articles of consumption, nor levy a rate, nor mortgage, nor sell, nor sue, nor farm their property, nor administer that property, nor even employ their own surplus revenues, without the intervention of an Order СКАЧАТЬ