The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That EventTocqueville, Alexis de
History
The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That Event
Tocqueville, Alexis de
France -- History -- Revolution, 1789-1799 -- Causes
In matters which fell under laws or customs of an earlier date, when
this precaution had not been taken, the Council continually intervened,
by way of what was termed _evocation_, or the calling up to its own
superior jurisdiction from the hands of the ordinary officers of
justice suits in which the administration of the State had an interest.
The registers of the Council are full of minutes of _evocation_ of this
nature. By degrees the exception became the rule, and a theory was
invented to justify the fact.[27] It came to be regarded as a maxim of
state, not in the laws of France, but in the minds of those by whom
those laws were applied, that all suits in which a public interest was
involved, or which arose out of the construction to be put on any act
of the administration, were not within the competency of the ordinary
judges, whose only business it was to decide between private interests.
On this point we, in more recent times, have only added a mode of
expression; the idea had preceded the Revolution of 1789.
Already at that time most of the disputed questions which arose out of
the collection of the revenue were held to fall under the exclusive
jurisdiction of the Intendant and the King’s Council.[28] So, too,
with reference to the regulation of public waggons and stage-coaches,
drainage, the navigation of rivers, etc.; and in general all the suits
in which the public authorities were interested came to be disposed
of by administrative tribunals only. The Intendants took the greatest
care that this exceptional jurisdiction should be continually extended.
They urged on the Comptroller-General, and stimulated the Council. The
reason one of these officers assigned to induce the Council to call
up one of these suits deserves to be remembered. ‘An ordinary judge,’
said he, ‘is subject to fixed rules, which compel him to punish any
transgression of the law; but the Council can always set aside rules
for a useful purpose.’
On this principle, it often happened that the Intendant or the
Council called up to their own jurisdiction suits which had an almost
imperceptible connection with any subject of administrative interest,
or even which had no perceptible connection with such questions at all.
A country gentleman quarrels with his neighbour, and being dissatisfied
with the apparent disposition of his judges, he asks the Council to
_evoke_ his cause. The Intendant reports that, ‘although this is a case
solely affecting private rights, which fall under the cognisance of the
courts of justice, yet that his Majesty can always, when he pleases,
reserve to himself the decision of any suit whatever, without rendering
any account at all of his motives.’
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