No judge could inquire into his case, much less release him.

The arrests were often made with such secrecy and rapidity that his nearest relations knew not what had become of him, but he was cut off from the outer world, for the rest of his life, as completely as if he had at once been handed over to the executioner.[15] It was impossible but that such customs should produce general discontent, and a resolute demand for a complete reformation of the system.

And one of the problems which the minister had to determine was, how to organize the States-general so that they should be disposed to promote such measures as reform as should be adequate without being excessive; as should give due protection to the middle and lower classes without depriving the nobles of that dignity and authority which were not only desirable for themselves, but useful to their dependents; and, lastly, such as should carefully preserve the rightful prerogatives of the crown, while putting an end to those arbitrary powers, the existence of which was incompatible with the very name of freedom.
In making the necessary arrangements, the long disuse of the Assembly was a circumstance greatly in favor of the Government, if Necker had had skill to avail himself of it, since it wholly freed him from the obligation of being guided by former precedents.

Those arrangements were long and warmly debated in the king's council.

Though the records of former sessions had been so carelessly preserved that little was known of their proceedings, it seemed to be established that the representatives of the Commons had usually amounted to about four-tenths of the whole body, those of the clergy and of the nobles being each about three-tenths; and that they had almost invariably deliberated and voted in separate chambers; and the princes and the chief nobles presented memorials to the king, in which they almost unanimously recommended an adherence to these ancient forms; while, with patriotic prudence, they sought to obviate all jealousy of their own pretensions or views which might be entertained or feigned in any quarter, by announcing their willingness to abandon all the exclusive privileges and exemptions which they had hitherto possessed, and which were notoriously one chief cause of the generally prevailing discontent.
But the party which had originated the clamor for the States-general, now, encouraged by their success, put forward two fresh demands; the first, that the number of the representatives of the Commons should equal that of both the other orders put together, which they called "the duplication of the Third Estate;" the second, that the three orders should meet and vote as one united body in one chamber; the two proposition taken together being manifestly calculated and designed to throw the whole power into the hands of the Commons.
Necker had great doubts about the propriety and safety of the first proposal, and no doubt at all of the danger of the second.