Courts -- United States; Revolutions; United States -- Politics and government
Nor was this the most levelling of Turgot's arguments. He pointed out
that though originally the exemption from taxation, which the nobility
enjoyed, might have been defended on the ground that the nobles were
bound to yield military service without pay, such service had long
ceased to be performed, while on the contrary titles could be bought for
money. Hence every wealthy man became a noble when he pleased, and thus
exemption from taxation had come to present the line of cleavage between
the rich and poor. By this thrust the privileged classes felt themselves
wounded in their vitals, and the Parliament of Paris, the essence of
privilege, assumed their defence. To be binding, the edicts had to be
registered by the Parliament among the laws of France, and Parliament
declined to make registration on the ground that the edicts were
unconstitutional, as subversive of the monarchy and of the principle of
order. The opinion of the court was long, but a single paragraph gives
its purport: "The first rule of justice is to preserve to every one what
belongs to him: this rule consists, not only in preserving the rights of
property, but still more in preserving those belonging to the person,
which arise from the prerogative of birth and of position.... From this
rule of law and equity it follows that every system which, under an
appearance of humanity and beneficence, would tend to establish between
men an equality of duties, and to destroy necessary distinctions, would
soon lead to disorder (the inevitable result of equality), and would
bring about the overturn of civil society."
This judicial opinion was an enunciation of the archaic law of caste as
opposed to the modern law of equality, and the cataclysm of the French
Revolution hinged upon the incapacity of the French aristocracy to
understand that the environment, which had once made caste a necessity,
had yielded to another which made caste an impossibility. In vain Turgot
and his contemporaries of the industrial type, represented in England
by Adam Smith or even by the younger Pitt, explained that unless taxes
were equalized and movement accelerated, insolvency must supervene, and
that a violent readjustment must follow upon insolvency. With their eyes
open to the consequences, the Nobility and Clergy elected to risk
revolt, because they did not believe that revolt could prevail against
them. Nothing is so impressive in the mighty convulsion which ensued as
the mental opacity of the privileged orders, which caused them to
increase their pressure in proportion as resistance increased, until
finally those who were destined to replace them reorganized the courts,
that they might have an instrument wherewith to slaughter a whole race
down to the women and children. No less drastic method would serve to
temper the rigidity of the aristocratic mind. The phenomenon well repays
an hour of study.
Public-domain text, read in full here on John Shaqi.
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