To commence with the right of taxation, which includes, as it were, all other rights. It is well known a part of the taxes were farmed. In these cases the Kings Council negotiated with the financial companies, fixed the terms of the contract, and regulated the mode of collection. All the other taxes, such as the taille, the capitation-tax, and the vingtièmes were fixed and levied by the agents of the central administration or under their all-powerful control.
The Council, every year, by a secret decision, fixed the amount of the taille and its numerous accessories, and likewise its distribution among the provinces. The taille had thus increased from year to year, though public attention was never called to the fact, no noise being made about it.
As the taille was an ancient tax, its assessment and collection had been formerly confided to local agents, who were all, more or less, independent of the Government by right of birth or election, or by purchase of office; they were the lords of the soil, the parochial collectors, the treasurers of France, or officers termed the élus. These authorities still existed in the eighteenth century, but some had altogether ceased to busy themselves about the taille, whilst others only did so in a very secondary and entirely subordinate manner. Even here the entire power was in the hands of the Intendant and his agents; he alone, in truth, assessed the taille in the different parishes, directed and controlled the collectors, and granted delays of payments or exemptions.
As the other taxes, such as the capitation tax, were of recent date, the Government was no longer embarrassed in respect to them by the remnants of former powers, but dealt with them without any intervention of the parties governed. The Comptroller-General, the Intendant, and the Council fixed the amount of each quota.
Let us leave the question of money for that of men.
It is sometimes a matter of astonishment how the French can have so patiently borne the yoke of the military conscription at the time of the Revolution and ever since; but it must be borne in mind that they had been already broken in to bear it for a long period of time. The conscription had been preceded by the militia, which was a heavier burden, although the amount of men required was less. From time to time the young men in the country were made to draw lots, and from among them were taken a certain number of soldiers, who were formed into militia regiments, in which they served for six years.
As the militia was a comparatively modern institution, none of the ancient feudal powers meddled with it; the whole business was intrusted to the agents of the Central Government alone. The Council fixed the general amount of men and the share of each province. The Intendant regulated the number of men to be raised 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 détat, 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.
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 REVOLUTIONIn 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 peoplein which municipal life was still public and animatedin 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 justicesince the first condition of the good administration of justice is the complete independence of the judgethis 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;21 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.22
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 apparentthe groundwork is everywhere the same.