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In the summer of 1788, after weeks of wrangling between the notables
and the crown, Louis XVI capitulated and called for the Estates General
to meet. Of course, the Estates had not sat since 1614, and no single individual
had seen the body function in his lifetime. Elections were to be held beginning
in January of 1789, which meant that if new “forms” were to be used, they
would have to be determined quickly – before the elections.
As a result, Louis issued the following “Order in Council,”[*]
demanding the regularization of the forms. What is most extraordinary about
this document is the Court's recognition that – unless the issues of who
would sit and how they would vote were predetermined – chaos was likely
to ensue. In the event, after months of struggling over just this issues,
the Estates would meet and then divide over the very problems Louis had
identified here.
Is it therefore possible that, in being too scrupulous Louis created
the very problem he hoped to prevent? Did he, in other words, invite dissent?
Moreover, given the intricacy of these attempts at gathering information,
what can we say about the relative strength (or weakness) of the royal
bureaucracy?
The “Order in Council Requesting Information Concerning the Estates
General”
5 July, 1788
The King having
declared, in the month November last,[1] his intention
to convoke the Estates General of the realm, His Majesty forthwith ordered
whatever researches might be necessary to render such convocation correct
and useful to his people.
To date, the
result of the investigations show His Majesty that the official records
of former Estates,[2] although adequate in connection
with their administration, sessions, and functions, are deficient concerning
the observances that precede and accompany their convocation; . . . they
supply no specific data with regard to the method of election, or the number
or qualifications of voters and candidates.
Meanwhile, His
Majesty has decided that if such preliminaries are not established prior
to the convocation of the Estates General, the choice of deputies may be
subject to dispute, their number may be disproportionate to the wealth
and population of the provinces, the rights of certain provinces and cities
may be compromised, the influence of the several orders may not be sufficiently
equalized, finally, the number of deputies may be too great or too small,
and, consequently, may occasion trouble and confusion or preclude satisfactory
national representation.
His Majesty
always will endeavor to approximate earlier practices; but when these cannot
be determined, he wishes to offset the deficiency of previous records by
ascertaining . . . the will of his subjects….
Accordingly,
the King has decided to command that all possible researches concerning
the aforementioned matter be made in all the depositories of each and every
province; that the results of such investigations be transmitted to the
provincial Estates and the provincial and district assemblies of each and
every province, which, in turn, shall apprise His Majesty of their wishes
by means of reports or statements directed to him.
. . .
The King hopes
thus to achieve for the nation the most correct and suitable meeting of
the Estates, to prevent disputes which might needlessly prolong the duration
thereof, to establish essential proportion and harmony in the confidence
of the people according to whose will it has been constituted, finally,
to render it what it must be – the assembly of a great family headed
by a common father. Wishing to provide for which, . . . the King, in Council,
has ordered and does order as follows.
1. All
municipal officials of those cities and communities of the realm where
elections to the Estate General may have taken place shall be required
to examine immediately, in record offices of the said cities and communities,
all official records and documents concerning the convocation of the Estates
and the elections made in accordance therewith, and to send the said official
records and documents, without delay, to wit: in provinces where there
is no assembly subordinate to the provincial Estates or provincial assemblies,
to the syndics of the said provincial Estates and provincial assemblies;
and in those where there are subordinate assemblies, to the syndics of
such assemblies, or to their intermediate commissions.
2. The
provincial officials shall be required to conduct similar investigations
in the record offices of their jurisdictions, and to send the results thereof
to the Keeper of the Seals, whom His Majesty has charged with communicating
the said results to the aforementioned syndics and intermediate commissions.
3. His
Majesty invites, in each and every province of his kingdom, all who posses
knowledge of the aforementioned official records and documents, or information
relative to the aforementioned convocation, to transmit them likewise to
the aforementioned syndics.
4. His
Majesty intends that, on their part, the aforementioned syndics and intermediate
commission shall conduct the necessary researches in this connection, and
that the results thereof shall be presented to the aforementioned
Estates and assemblies, in order that they may draft a common petition
and direct a report concerning the matters contained in the results of
the said researches, which shall be sent by the said syndics to the Keeper
of the Seals.
5. In
provinces where there are subordinate assemblies, the petition of such
assemblies, with all the documents appended thereto, shall be forwarded
to the superior assembly, which, likewise, shall transmit its petition,
and shall send it, as stated, to the Keeper of the Seals, with the petition,
the reports, and the documents forwarded to it by the subordinate assemblies.
6. In
case the results of all the investigations have not reached the aforementioned
syndics before the next session of the Estates and assemblies, His Majesty,
desiring that the information which he seeks may reach him within the first
months of the next year at the latest, intends that the said assemblies,
subordinate as well as superior, shall not dispense with drafting a petition
and a report on matters relative to the present decree because of a lack
of documents and information; and that, after the adjournment of the said
assemblies, the syndics and intermediate commissions shall forward whatever
new and interesting documents may reach them.
7. If
there be diversity of opinion in some of the aforementioned assemblies,
His Majesty intends that such divers opinion shall be stated with substantiating
reasons; His Majesty even authorizes every deputy to the said assemblies
to append to the general report of the assembly all special memoirs in
favor of the opinion he has espoused.
8. At
the same time His Majesty invites all the scholars and educated persons
of his kingdom, particularly those constituting the Academy of Inscriptions
and Belles-Letters of his good city of Paris,[3] to direct
to the Keeper of the Seals all information and memoirs connected with matters
contained in the present decree.
9. As
soon as the aforementioned reports, information, and elucidations have
reached the Keeper of the Seals, His Majesty will study them, and will
endeavor to determine exactly the observances for the next convocation
of the Estates General, in order that it may be as national[4]
and as correct as it should be.
Notes:
[*] This excerpt from the “Order in Council” appears
in John Hal Stewart's Documentary Survey of the French Revolution
(New York: Macmillan, 1951), 26-29. [Transcription by John Dzerkacz]
[1] This, of course, was largely a fiction. In the fall
of 1787 Louis had indeed called together the notables, but only
in a special “royal session” of Parlement, where he had abandoned his tax
reforms and called instead for new loans and a further prolongation of
the existing two vingtièmes. In the midst of a discussion
of the proposals (itself somewhat unprecedented), the opportunist duc d’Orleans
protested that Louis’ methods were illegal, and the king simply replied:
“I don’t care.... It is legal because I wish it.”
[2] In the end the most important “forms” would be those
of the 1614 Assembly.
[3] Stewart's note: “This Academy was the national historical
society, founded in 1663 by [Jean-Baptiste] Colbert.”
[4] This is not as curious a term as it might seem.
Given that the French Revolution gave birth to nationalism, Louis almost
certainly meant that the body was intended to be representative. |