Even when the law itself was not altered its application varied every day. Without seeing the working of the administration under the old French Government in the secret documents which are still in existence, it is impossible to imagine the contempt into which the law eventually falls, even in the eyes of those charged with the application of it, when there are no longer either political assemblies or public journals to check the capricious activity, or to set bounds to the arbitrary and changeable humour of the Ministers and their offices.
We hardly find a single Order in Council that does not recite some anterior laws, often of very recent date, which had been enacted but never executed. There was not an edict, a royal declaration, or any solemnly registered letters-patent, that did not encounter a thousand impediments in its application. The letters of the Comptrollers-General and the Intendants show that the Government constantly permitted things to be done, by exception, at variance with its own orders. It rarely broke the law, but the law was perpetually made to bend slightly in all directions to meet particular cases, and to facilitate the conduct of affairs.
An Intendant writes to the minister with reference to a duty of octroi from which a contractor of public works wanted to be exempted: It is certain that according to the strict letter of the edicts and decrees which I have just quoted, no person throughout the kingdom is exempted from these duties; but those who are versed in the knowledge of affairs are well aware that these imperative enactments stand on the same footing as to the penalties which they impose, and that although they are to be found in almost every edict, declaration, and decree for the imposition of taxes, they have never prevented exceptions from being made.
The whole essence of the then state of France is contained in this passage: rigid rules and lax practice were its characteristics.
Any one who should attempt to judge the Government of that period by the collection of its laws would fall into the most absurd mistakes. Under the date 1757 I have found a royal declaration condemning to death any one who shall compose or print writings contrary to religion or established order. The bookseller who sells and the pedlar who hawks them are to suffer the same punishment. Was this in the age of St. Dominic? It was under the supremacy of Voltaire.
It is a common subject of complaint against the French that they despise law; but when, alas! could they have learned to respect it? It may be truly said that amongst the men of the period I am describing, the place which should be filled in the human mind by the notion of law was empty. Every petitioner entreated that the established order of things should be set aside in his favour with as much vehemence and authority as if he were demanding that it should be properly enforced; and indeed its authority was never alleged against him but as a means of getting rid of his importunity. The submission of the people to the existing powers was still complete, but their obedience was the effect of custom rather than of will, and when by chance they were stirred up, the slightest excitement led at once to violence, which again was almost always repressed by counter-violence and arbitrary power, not by the law.
In the eighteenth century the central authority in France had not yet acquired that sound and vigorous constitution which it has since exhibited; nevertheless, as it had already succeeded in destroying all intermediate authorities, and had left only a vast blank between itself and the individuals constituting the nation, it already appeared to each of them from a distance as the only spring of the social machine, the sole and indispensable agent of public life.
Nothing shows this more fully than the writings even of its detractors. When the long period of uneasiness which preceded the Revolution began to be felt, all sorts of new systems of society and government were concocted. The ends which these various reformers had in view were various, but the means they proposed were always the same. They wanted to employ the power of the central authority in order to destroy all existing institutions, and to reconstruct them according to some new plan of their own device; no other power appeared to them capable of accomplishing such a task. The power of the State ought, they said, to be as unlimited as its rights; all that was required was to force it to make a proper use of both. The elder Mirabeau, a nobleman so imbued with the notion of the rights of his order that he openly called the Intendants intruders, and declared that if the appointment of the magistrates was left altogether in the hands of the Government, the courts of justice would soon be mere bands of commissioners,Mirabeau himself looked only to the action of the central authority to realise his visionary schemes.
These ideas were not confined to books; they found entrance into mens minds, modified their customs, affected their habits, and penetrated throughout society, even into every-day life.
No one imagined that any important affair could be properly carried out without the intervention of the State. Even the agriculturistsa class usually refractory to preceptwere disposed to think that if agriculture did not improve, it was the fault of the Government, which did not give them sufficient advice and assistance. One of them writes to an Intendant in a tone of irritation which foreshadows the coming Revolution. Why does not the Government appoint inspectors to go once a year into the provinces to examine the state of cultivation, to instruct the cultivators how to improve itto tell them what to do with their cattle, how to fatten, rear, and sell them, and where to take them to market? These inspectors should be well paid; and the farmers who exhibited proofs of the best system of husbandry should receive some mark of honour.
Agricultural inspectors and crosses of honour! Such means of encouraging agriculture never would have entered into the head of a Suffolk farmer.
In the eyes of the majority of the French the Government was alone able to ensure public order; the people were afraid of nothing but the patrols, and men of property had no confidence in anything else. Both classes regarded the gendarme on his rounds not merely as the chief defender of order, but as order itself. No one, says the provincial assembly of Guyenne, can fail to observe that the sight of a patrol is well calculated to restrain those most hostile to all subordination. Accordingly every one wanted to have a squadron of them at his own door. The archives of an intendancy are full of requests of this nature; no one seemed to suspect that under the guise of a protector a master might be concealed.31
Nothing struck the émigrés so much on their arrival in England as the absence of this military force. It filled them with surprise, and often even with contempt, for the English. One of them, a man of ability, but whose education had not prepared him for what he was to see, wrote as follows:It is perfectly true that an Englishman congratulates himself on having been robbed, on the score that at any rate there is no patrol in his country. A man may lament anything that disturbs public tranquillity, but he will nevertheless comfort himself, when he sees the turbulent restored to society, with the reflection that the letter of the law is stronger than all other considerations. Such false notions, however, he adds, are not absolutely universal; there are some wise people who think otherwise, and wisdom must prevail in the end.
But that these eccentricities of the English could have any connection with their liberties never entered into the mind of this observer. He chose rather to explain the phenomenon by more scientific reasons. In a country, said he, where the moisture of the climate, and the want of elasticity in the air, give a sombre tinge to the temperament, the people are disposed to give themselves up to serious objects. The English people are naturally inclined to occupy themselves with the affairs of government, to which the French are averse.
But that these eccentricities of the English could have any connection with their liberties never entered into the mind of this observer. He chose rather to explain the phenomenon by more scientific reasons. In a country, said he, where the moisture of the climate, and the want of elasticity in the air, give a sombre tinge to the temperament, the people are disposed to give themselves up to serious objects. The English people are naturally inclined to occupy themselves with the affairs of government, to which the French are averse.
The French Government having thus assumed the place of Providence, it was natural that every one should invoke its aid in his individual necessities. Accordingly we find an immense number of petitions which, while affecting to relate to the public interest, really concern only small individual interests.32 The boxes containing them are perhaps the only place in which all the classes composing that society of France, which has long ceased to exist, are still mingled. It is a melancholy task to read them: we find peasants praying to be indemnified for the loss of their cattle or their horses; wealthy landowners asking for assistance in rendering their estates more productive; manufacturers soliciting from the Intendant privileges by which they may be protected from a troublesome competition, and very frequently confiding the embarrassed state of their affairs to him, and begging him to obtain for them relief or a loan from the Comptroller-General. It appears that some fund was set apart for this purpose.
Even the nobles were often very importunate solicitants; the only mark of their condition is the lofty tone in which they begged. The tax of twentieths was to many of them the principal link in the chain of their dependence.33 Their quota of this tax was fixed every year by the Council upon the report of the Intendant, and to him they addressed themselves in order to obtain delays and remissions. I have read a host of petitions of this nature made by nobles, nearly all men of title, and often of very high rank, in consideration, as they stated, of the insufficiency of their revenues, or the disordered state of their affairs. The nobles usually addressed the Intendant as Monsieur; but I have observed that, under these circumstances, they invariably called him Monseigneur, as was usually done by men of the middle class. Sometimes pride and poverty were drolly mixed in these petitions. One of the nobles wrote to the Intendant: Your feeling heart will never consent to see the father of a family of my rank strictly taxed by twentieths like a father of the lower classes. At the periods of scarcity, which were so frequent during the eighteenth century, the whole population of each district looked to the Intendant, and appeared to expect to be fed by him alone. It is true that every man already blamed the Government for all his sufferings. The most inevitable privations were ascribed to it, and even the inclemency of the seasons was made a subject of reproach to it.
We need not be astonished at the marvellous facility with which centralisation was re-established in France at the beginning of this century.34 The men of 1789 had overthrown the edifice, but its foundations remained deep in the very minds of the destroyers, and on these foundations it was easy to build it up anew, and to make it more stable than it had ever been before.
CHAPTER VII
OF ALL EUROPEAN NATIONS FRANCE WAS ALREADY THAT IN WHICH THE METROPOLIS HAD ACQUIRED THE GREATEST PREPONDERANCE OVER THE PROVINCES, AND HAD MOST COMPLETELY ABSORBED THE WHOLE EMPIREThe political preponderance of capital cities over the rest of the empire is caused neither by their situation, their size, nor their wealth, but by the nature of the government. London, which contains the population of a kingdom, has never hitherto exercised a sovereign influence over the destinies of Great Britain. No citizen of the United States ever imagined that the inhabitants of New York could decide the fate of the American Union. Nay more, no one even in the State of New York conceives that the will of that city alone could direct the affairs of the nation. Yet New York at this moment numbers as many inhabitants as Paris contained when the Revolution broke out.
At the time of the wars of religion in France Paris was thickly peopled in proportion to the rest of the kingdom as in 1789. Nevertheless, at that time it had no decisive power. At the time of the Fronde Paris was still no more than the largest city in France. In 1789 it was already France itself.
As early as 1740 Montesquieu wrote to one of his friends, Nothing is left in France but Paris and the distant provinces, because Paris has not yet had time to devour them. In 1750 the Marquis de Mirabeau, a fanciful but sometimes deep thinker, said, in speaking of Paris without naming it: Capital cities are necessary; but if the head grows too large, the body becomes apoplectic and the whole perishes. What then will be the result, if by giving over the provinces to a sort of direct dependence, and considering their inhabitants only as subjects of the Crown of an inferior order, to whom no means of consideration are left and no career for ambition is open, every man possessing any talent is drawn towards the capital! He called this a kind of silent revolution which must deprive the provinces of all their men of rank, business, and talent.
The reader who has followed the preceding chapters attentively already knows the causes of this phenomenon; it would be a needless tax on his patience to enumerate them afresh in this place.
This revolution did not altogether escape the attention of the Government, but chiefly by its physical effect on the growth of the city. The Government saw the daily extension of Paris and was afraid that it would become difficult to administer so large a city properly. A great number of ordinances issued by the Kings of France, chiefly during the seventeenth and eighteenth centuries, were destined to put a stop to the growth of the capital. These sovereigns were concentrating the whole public life of France more and more in Paris or at its gates, and yet they wanted Paris to remain a small city. The erection of new houses was forbidden, or else commands were issued that they should be built in the most costly manner and in unattractive situations which were fixed upon beforehand. Every one of these ordinances, it is true, declares, that in spite of all preceding edicts Paris had continued to spread. Six times during the course of his reign did Louis XIV., in the height of his power, in vain attempt to check the increase of Paris; the city grew continually in spite of all edicts. Its political and social preponderance increased even faster than its walls, not so much owing to what took place within them as to the events passing without.
During this period all local liberties gradually became extinct, the symptoms of independent vitality disappeared. The distinctive features of the various provinces became confused, and the last traces of the ancient public life were effaced. Not that the nation was falling into a state of languor; on the contrary, activity everywhere prevailed; but the motive principle was no longer anywhere but in Paris. I will cite but one example of this from amongst a thousand. In the reports made to the Minister on the condition of the bookselling trade, I find that in the sixteenth century and at the beginning of the seventeenth, many considerable printing offices existed in provincial towns which are now without printers, or where the printers are without work. Yet there can be no doubt that many more literary productions of all kinds were published at the end of the eighteenth century than during the sixteenth; but all mental activity now emanated from the centre alone; Paris had totally absorbed the provinces. At the time when the French Revolution broke out, this first revolution was fully accomplished.