1802-1803.
Departure for Malmaison--Unexpected question relative to the
Bourbons--Distinction between two opposition parties--New intrigues
of Lucien--Camille Jordan's pamphlet seized--Vituperation against
the liberty of the press--Revisal of the Constitution--New 'Senatus-
consulte--Deputation from the Senate--Audience of the Diplomatic
Body--Josephine's melancholy--The discontented--Secret meetings--
Fouche and the police agents--The Code Napoleon--Bonaparte's regular
attendance at the Council of State--His knowledge of mankind, and
the science of government--Napoleon's first sovereign act--His visit
to the Senate--The Consular procession--Polite etiquette--The Senate
and the Council of State--Complaints against Lucien--The deaf and
dumb assembly--Creation of senatorships.
When nothing was wanting to secure the Consulate for life but the votes
of the people, which there was no doubt of obtaining, the First Consul
set off to spend a few days at Malmaison.
On the day of our arrival, as soon as dinner was ended, Bonaparte said to
me, "Bourrienne, let us go and take a walk." It was the middle of May,
so that the evenings were long. We went into the park: he was very
grave, and we walked for several minutes without his uttering a syllable.
Wishing to break silence in a way that would be agreeable to him, I
alluded to the facility with which he had nullified the last 'Senatus-
consulte'. He scarcely seemed to hear me, so completely was his mind
absorbed in the subject on which he was meditating. At length, suddenly
recovering from his abstraction, he said, "Bourrienne, do you think that
the pretender to the crown of France would renounce his claims if I were
to offer him a good indemnity, or even a province in Italy?" Surprised
at this abrupt question on a subject which I was far from thinking of,
I replied that I did not think the pretender would relinquish his claims;
that it was very unlikely the Bourbons would return to France as long as
he, Bonaparte, should continue at the head of the Government, though they
would look forward to their ultimate return as probable. "How so?"
inquired he. "For a very simple reason, General. Do you not see every
day that your agents conceal the truth from you, and flatter you in your
wishes, for the purpose of ingratiating themselves in your favour? are
you not angry when at length the truth reaches your ear?"--"And what
then?"--"why, General, it must be just the same with the agents of Louis
XVIII. in France. It is in the course of things, in the nature of man,
that they should feed the Bourbons with hopes of a possible return, were
it only to induce a belief in their own talent and utility."--"That is
very true! You are quite right; but I am not afraid. However, something
might perhaps be done--we shall see." Here the subject dropped, and our
conversation turned on the Consulate for life, and Bonaparte spoke in
unusually mild terms of the persons who had opposed the proposition.
I was a little surprised at this, and could not help reminding him of the
different way in which he had spoken of those who opposed his accession
to the Consulate. "There is nothing extraordinary in that," said he.
"Worthy men may be attached to the Republic as I have made it. It is a
mere question of form. I have nothing to say against that; but at the
time of my accession to the Consulate it was very different. Then, none
but Jacobins, terrorists, and rogues resisted my endeavours to rescue
France from the infamy into which the Directory had plunged her. But now
I cherish no ill-will against those who have opposed me."
During the intervals between the acts of the different bodies of the
State, and the collection of the votes, Lucien renewed his intrigues, or
rather prosecuted them with renewed activity, for the purpose of getting
the question of hereditary succession included in the votes. Many
prefects transmitted to M. Chaptal anonymous circulars which had been
sent to them: all stated the ill effect produced by these circulars,
which had been addressed to the principal individuals of their
departments. Lucien was the originator of all this, though I cannot
positively say whether his brother connived with him, as in the case of
the pamphlet to which I have already alluded. I believe, however, that
Bonaparte was not entirely a stranger to the business; for the circulars
were written by Raederer at the instigation of Lucien, and Raederer was
at that time in favour at the Tuileries. I recollect Bonaparte speaking
to me one day very angrily about a pamphlet which had just, been
published by Camille Jordan on the subject of the national vote on the
Consulate for life. Camille Jordan did not withhold his vote, but gave
it in favour of the First Consul; and instead of requiring preliminary
conditions, he contented himself, like the Tribunate, with enumerating
all the guarantees which he expected the honour of the First Consul would
grant. Among these guarantees were the cessation of arbitrary
imprisonments, the responsibility of the agents of Government, and the
independence of the judges. But all these demands were mere peccadilloes
in comparison with Camille Jordan's great crime of demanding the liberty
of the press.
The First Consul had looked through the fatal pamphlet, and lavished
invectives upon its author. "How!" exclaimed he, "am I never to have
done with these fire brands?--These babblers, who think that politics may
be shown on a printed page like the world on a map? Truly, I know not
what things will come to if I let this go on. Camille Jordan, whom I
received so well at Lyons, to think that he should--ask for the liberty
of the press!
Were I to accede to this I might as well pack up at once and go and live
on a farm a hundred leagues from Paris." Bonaparte's first act in favour
of the liberty of the press was to order the seizure of the pamphlet in
which Camille Jordan had extolled the advantages of that measure.
Publicity, either by words or writing, was Bonaparte's horror.
Hence his aversion to public speakers and writers.
Camille Jordan was not the only person who made unavailing efforts to
arrest Bonaparte in the first steps of his ambition. There were yet in
France many men who, though they had hailed with enthusiasm the dawn of
the French Revolution, had subsequently been disgusted by its crimes, and
who still dreamed of the possibility of founding a truly Constitutional
Government in France. Even in the Senate there were some men indignant
at the usual compliance of that body, and who spoke of the necessity of
subjecting the Constitution to a revisal, in order to render it
conformable to the Consulate for life.
The project of revising the Constitution was by no means unsatisfactory
to Bonaparte. It afforded him an opportunity of holding out fresh
glimmerings of liberty to those who were too shortsighted to see into the
future. He was pretty certain that there could be no change but to his
advantage. Had any one talked to him of the wishes of the nation he
would have replied, "3,577,259 citizens have voted. Of these how many
were for me? 3,368,185. Compare the difference! There is but one vote
in forty-five against me. I must obey the will of the people!" To this
he would not have failed to add, "Whose are the votes opposed to me?
Those of ideologists, Jacobins, and peculators under the Directory." To
such arguments what could have been answered? It must not be supposed
that I am putting these words into Bonaparte's mouth. They fell from him
oftener than once.
As soon as the state of the votes was ascertained the Senate conceived
itself under the necessity of repairing the only fault it had committed
in the eyes of the First Consul, and solemnly presented him with a new
'Senatus-consulte', and a decree couched in the following terms:
ARTICLE I. The French people nominate and the Senate proclaim Napoleon
Bonaparte Consul for life.
ARTICLE II. A statue representing Peace, holding in one hand the laurel
of victory, and in the other the decree of the senate, shall commemorate
to posterity the gratitude of the Nation.
ARTICLE III. The Senate will convey to the First Consul the expression
of the confidence, the love, and the admiration of the French people.
Bonaparte replied to the deputation from the Senate, in the presence of
the Diplomatic Body, whose audience had been appointed for that day in
order that the ambassadors might be enabled to make known to their
respective Courts that Europe reckoned one King more. In his reply he
did not fail to introduce the high-sounding words "liberty and equality."
He commenced thus: "A citizen's life belongs to his country. The French
people wish that mine should be entirely devoted to their service. I
obey."
On the day this ceremony took place, besides the audience of the
Diplomatic Body there was an extraordinary assemblage of general officers
and public functionaries. The principal apartments of the Tuileries's
presented the appearance of a fete. This gaiety formed a striking
contrast with the melancholy of Josephine, who felt that every step of
the First Consul towards the throne removed him farther from her.
She had to receive a party that evening, and though greatly depressed in
spirits she did the honours with her usual grace.
Let a Government be what it may, it can never satisfy everyone. At the
establishment of the Consulate for life, those who were averse to that
change formed but a feeble minority. But still they met, debated,
corresponded, and dreamed of the possibility of overthrowing the Consular
Government.
During the first six months of the year 1802 there were meetings of the
discontented, which Fouche, who was then Minister of the Police, knew and
would not condescend to notice; but, on the contrary, all the inferior
agents of the police contended for a prey which was easily seized, and,
with the view of magnifying their services, represented these secret
meetings as the effect of a vast plot against the Government. Bonaparte,
whenever he spoke to me on the subject, expressed himself weary of the
efforts which were made to give importance to trifles; and yet he
received the reports of the police agents as if he thought them of
consequence. This was because he thought Fouche badly informed, and he
was glad to find him at fault; but when he sent for the Minister of
Police the latter told him that all the reports he had received were not
worth a moment's attention. He told the First Consul all, and even a
great deal more than had been revealed to him, mentioning at the same
time how and from whom Bonaparte had received his information.
But these petty police details did not divert the First Consul's
attention from the great object he had in view. Since March 1802 he had
attended the sittings of the Council of State with remarkable regularity.
Even while we were at the Luxembourg he busied himself in drawing up a
new code of laws to supersede the incomplete collection of revolutionary
laws, and to substitute order for the sort of anarchy which prevailed in
the legislation. The man who were most distinguished for legal knowledge
had cooperated in this laborious task, the result of which was the code
first distinguished by the name of the Civil Code, and afterwards called
the Code Napoleon. The labours of this important undertaking being
completed, a committee was appointed for the presentation of the code.
This committee, of which Cambaceres was the president, was composed of
MM. Portalis, Merlin de Douai, and Tronchet. During all the time the
discussions were pending, instead of assembling as usual three times a
week, the Council of State assembled every day, and the sittings, which
on ordinary occasions only lasted two or three hours, were often
prolonged to five or six. The First Consul took such interest in these
discussions that, to have an opportunity of conversing upon them in the
evening, he frequently invited several members of the Council to dine
with him. It was during these conversations that I most admired the
inconceivable versatility of Bonaparte's genius, or rather, that superior
instinct which enabled him to comprehend at a glance, and in their proper
point of view, legislative questions to which he might have been supposed
a stranger. Possessing as he did, in a supreme degree, the knowledge of
mankind, ideas important to the science of government flashed upon his
mind like sudden inspirations.
Some time after his nomination to the Consulate for life, anxious to
perform a sovereign act, he went for the first time to preside at the
Senate. Availing myself that day of a few leisure moments I went out to
see the Consular procession. It was truly royal. The First Consul had
given orders that the military should-be ranged in the streets through
which he had to pass. On his first arrival at the Tuileries, Napoleon
had the soldiers of the Guard ranged in a single line in the interior of
the court, but he now ordered that the line should be doubled, and should
extend from the gate of the Tuileries to that of the Luxembourg.
Assuming a privilege which old etiquette had confined exclusively to the
Kings of France, Bonaparte now for the first time rode in a carriage
drawn by eight horses. A considerable number of carriages followed that
of the First Consul, which was surrounded by generals and aides de camp
on horseback. Louis XIV. going to hold a bed of justice at the
Parliament of Paris never displayed greater pomp than did Bonaparte in
this visit to the Senate. He appeared in all the parade of royalty; and
ten Senators came to meet him at the foot of the staircase of the
Luxembourg.
The object of the First Consul's visit to the Senate was the presentation
of five plans of 'Senatus-consultes'. The other two Consuls were present
at the ceremony, which took place about the middle of August.
Bonaparte returned in the same style in which he went, accompanied by M.
Lebrun, Cambaceres remaining at the Senate, of which he was President.
The five 'Senatus-consultes' were adopted, but a restriction was made in
that which concerned the forms of the Senate. It was proposed that when
the Consuls visited the Senate they should be received by a deputation of
ten members at the foot of the staircase, as the First Consul had that
day been received; but Bonaparte's brothers Joseph and Lucien opposed
this, and prevented the proposition from being adopted, observing that
the Second and Third Consuls being members of the Senate could not be
received with such honours by their colleagues. This little scene of
political courtesy, which was got up beforehand, was very well acted.
Bonaparte's visit to the Senate gave rise to a change of rank in the
hierarchy of the different authorities composing the Government.
Hitherto the Council of State had ranked higher in public opinion; but
the Senate, on the occasion of its late deputation to the Tuileries, had
for the first time, received the honour of precedency. This had greatly
displeased some of the Councillors of State, but Bonaparte did not care
for that. He instinctively saw that the Senate would do what he wished
more readily than the other constituted bodies, and he determined to
augment its rights and prerogatives even at the expense of the rights of
the Legislative Body. These encroachments of one power upon another,
authorised by the First Consul, gave rise to reports of changes in
ministerial arrangements. It was rumoured in Paris that the number of
the ministers was to be reduced to three, and that Lucien, Joseph, and M.
de Talleyrand were to divide among them the different portfolios. Lucien
helped to circulate these reports, and this increased the First Consul's
dissatisfaction at his conduct. The letters from Madrid, which were
filled with complaints against him, together with some scandalous
adventures, known in Paris, such as his running away with the wife of a
'limonadier', exceedingly annoyed Bonaparte, who found his own family
more difficult to govern than France.
France, indeed, yielded with admirable facility to the yoke which, the
First Consul wished to impose on her. How artfully did he undo all that
the Revolution had done, never neglecting any means of attaining his
object! He loved to compare the opinions of those whom he called the
Jacobins with the opinions of the men of 1789; and even them he found too
liberal. He felt the ridicule which was attached to the mute character
of the Legislative Body, which he called his deaf and dumb assembly. But
as that ridicule was favourable to him he took care to preserve the
assembly as it was, and to turn it into ridicule whenever he spoke of it.
In general, Bonaparte's judgment must not be confounded with his actions.
His accurate mind enabled him to appreciate all that was good; but the
necessity of his situation enabled him to judge with equal shrewdness
what was useful to himself.
What I have just said of the Senate affords me an opportunity of
correcting an error which has frequently been circulated in the chit-chat
of Paris. It has erroneously been said of some persons that they refused
to become members of the Senate, and among the number have been mentioned
M. Ducis, M. de La Fayette, and the Marechal de Rochambeau. The truth
is, that no such refusals were ever made. The following fact, however,
may have contributed to raise these reports and give them credibility.
Bonaparte used frequently to say to persons in his salon and in his
cabinet; "You should be a Senator--a man like you should be a Senator."
But these complimentary words did not amount to a nomination. To enter
the Senate certain legal forms were to be observed. It was necessary to
be presented by the Senate, and after that presentation no one ever
refused to become a member of the body, to which Bonaparte gave
additional importance by the creation of "Senatoreries."--[Districts
presided over by a Senator.]--This creation took place in the beginning
of 1803.