The State of Society in France Before the Revolution of 1789. Alexis de Tocqueville
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 They were superseded by the delegates of the great companies, or, in other words, the assembly contained only burgesses and scarcely any artisans.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.23
‘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 in Council, made on the report of the Intendant. All their public works were executed in conformity to plans and estimates approved by the Council. These works were adjudged to contractors before the Intendant or his Sub-delegates, and were generally intrusted to the engineers or architects of the State.
These facts will doubtless excite the surprise of those who suppose that the whole present condition of France is a novelty.
But the Central Government interfered more directly in the municipal administration of the towns than even these rules would seem to indicate; its power was far more extended than its right to exercise it.
I meet with the following passage in a circular instruction, addressed about the middle of the last century by a Comptroller-General to all the Intendants of the Kingdom: ‘You will pay particular attention to all that takes place in the municipal assemblies. You will take care to have a most exact report of everything done there and of all the resolutions taken, in order to transmit them to me forthwith, accompanied with your own opinion on the subject.’
In fact it may be seen, from the correspondence of the Intendant with his subordinate officers, that the Government had a finger in all the concerns of every town, the least as well as the greatest. The Government was always consulted—the Government had always a decided opinion on every point. It even regulated the public festivities, ordered public rejoicings, caused salutes to be fired, and houses to be illuminated. On one occasion I observe that a member of the burgher guard was fined twenty livres by the Intendant for having absented himself from a Te Deum.
The officers of these municipal corporations had therefore arrived at a becoming sense of their own insignificance. ‘We most humbly supplicate you, Monseigneur’ (such was the style in which they addressed the King’s Intendant), ‘to grant us your good-will and protection. We will endeavour not to show ourselves unworthy of them by the submission we are ready to show to all the commands of your Greatness.’ ‘We have never resisted your will, Monseigneur,’ was the language of another body of these persons, who still assumed the pompous title of Peers of the City.
Such was the preparation of the middle classes for government, and of the people for liberty.
If at least this close dependence of the towns on the State had preserved their finances! but such was not the case. It is sometimes argued that without centralisation the towns would ruin themselves. I know not how that may be, but I know that in the eighteenth century centralisation did not prevent their ruin. The whole administrative history of that time is replete with their embarrassments.
If we turn from the towns to the villages, we meet with different powers and different forms of government, but the same dependence.24
I find many indications of the fact, that in the Middle Ages the inhabitants of every village formed a community distinct from the Lord of the soil. He, no doubt, employed the community, superintended it, governed it; but the village held in common certain property, which was absolutely its own; it elected its own chiefs, and administered its affairs democratically.
This ancient constitution of the parish may be traced in all the nations in which the feudal system prevailed, and in all the countries to which these nations have carried the remnants of their laws. These vestiges occur at every turn in England, and the system was in full vigour in Germany sixty years ago, as may be demonstrated by reading the code of Frederic the Great. Even in France in the eighteenth century, some traces of it were still in existence.
I remember that, when I proceeded, for the first time, to ascertain from the archives of one of the old Intendancies of France, what was meant by a parish before the Revolution, I was surprised to find in this community, so poor and so enslaved, several of the characteristics which had struck me long ago in the rural townships of the United States, and which I had then erroneously conceived to be a peculiarity of society in the New World. Neither in the one nor in the other of these communities is there any permanent representation or any municipal body, in the strict sense of that term; both the one and the other were administered by officers acting separately under the direction of the whole population. In both, meetings were held from time to time, at which all the inhabitants, assembled in one body, elected their own magistrates and settled their principal affairs. These two parishes, in short, are as much alike as
See Note XX.
See Note XXI., Administration of a Village in the Eighteenth Century.