Courts -- United States; Revolutions; United States -- Politics and government
Speaking broadly, the judicial office, under the monarchy, was vendible.
In legal language, it was an incorporeal hereditament. It could be
bought and sold and inherited like an advowson, or right to dispose of a
cure of souls in the English Church, or of a commission in the English
army. The system was well recognized and widespread in the eighteenth
century, and worked fairly well with the French judiciary for about
three hundred years, but it was not adapted to an industrial
environment. The judicial career came to be pretty strongly hereditary
in a few families, and though the members of these families were, on the
whole, self-respecting, honest, and learned, they held office in their
own right and not as a public trust. So in England members of the House
of Commons, who sat for nomination boroughs, did not, either in fact or
theory, represent the inhabitants of those boroughs, but patrons; and in
like manner French judges could never learn to regard themselves as the
trustees of the civil rights of a nation, but as a component part of a
class who held a status by private title. Looked at as a problem in
dynamics the inherent vice in all this kind of property and in all this
administrative system, was the decay, after 1760, of the physical force
which had engendered it and defended it. As in England the ascendancy of
the landlords passed away when England turned from an agricultural into
an industrial society, so in France priests and nobles fell into
contempt, when most peasants knew that the Church could neither harm by
its curse nor aid by its blessing, and when commissions in the army were
given to children or favorites, as a sort of pension, while the pith of
the nation was excluded from military command because it could not prove
four quarterings of nobility. Hardly an aristocrat in France had shown
military talent for a generation, while, when the revolution began, men
like Jourdan and Kleber, Ney and Augereau, and a host of other future
marshals and generals had been dismissed from the army, or were eating
out their hearts as petty officers with no hope of advancement. Local
privileges and inequalities were as intolerable as personal. There were
privileged provinces and those administered arbitrarily by the Crown,
there were a multiplicity of internal tariffs, and endless municipal
franchises and monopolies, so much so that economists estimated that,
through artificial restraints, one-quarter of the soil of France lay
waste. Turgot, in his edict on the grain trade, explained that kings in
the past by ordinance, or the police without royal authority, had
compiled a body "of legislation equivalent to a prohibition of bringing
grain into Paris," and this condition was universal. One province might
be starving and another oppressed with abundance.
Public-domain text, read in full here on John Shaqi.
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