CHAPTER VII

1799–1804

Constitution of the Year VIII.—The Consulate—The Council of

State—The Tribunate—The Legislative Body—The Senate—Internal

Policy of the Consulate—General Reconciliation—The

Code Civil—Ministers of the Consulate—Foreign Policy

of the Consulate—Russia—Prussia—The Pope—Campaign of

Marengo—Campaign of Hohenlinden—Winter Campaign of Moreau

and Macdonald—The Treaty of Lunéville—Arrangements in

Italy—Policy and Murder of the Emperor Paul of Russia—The

Neutral League of the North—Battle of Copenhagen—War

between Spain and Portugal—Treaty of Badajoz—Campaign

of 1801 in Egypt—Peace of Amiens between England and

France—Reconstitution of Germany—Secularisation of

the German ecclesiastical dominions—Reconstitution of

Switzerland—Concordat between the Pope and Bonaparte—Internal

Organisation of France under the Consulate—The new

Departments—Annexation of Piedmont—The Préfectures—System of

National Education—Constitutional Changes in France—Bonaparte

First Consul for life—Recommencement of War between

England and France—Causes—Position of Affairs on the

Continent—Plot of Pichegru and Cadoudal—Execution of the Duc

d’Enghien—Bonaparte becomes Emperor of the French—Francis II.

resigns the title of Holy Roman Emperor for that of Emperor

of Austria.

[Sidenote: The Constitution of the Year VIII.]

The revolution of the 18th of Brumaire had placed supreme power in the

hands of Bonaparte; that power was speedily legalised and defined in

the Constitution of the Year VIII. The chief political problem was once

more how to regulate the relation between the legislative and executive

authorities. The Constitution of 1791, and still more that of 1793, had

entirely subordinated the executive to the legislative authority; the

Constitution of the Year III. (1795) had endeavoured to co-ordinate

them; the Constitution of the Year VIII. (1799) entirely subordinated

the legislative to the executive. It fell once more to Sieyès, one

of the principal authors of the Constitutions of 1791 and 1795, as

Second Provisional Consul, to define the new arrangements. His attempt

at co-ordinating the two powers in the State in 1795 had failed in its

operation: as was inevitable, the two authorities declined to preserve

their legal relations to each other. On the 18th of Fructidor, Year V.

(4th September 1797), the executive in the form of the Directory had

usurped and partially destroyed the power of the Legislature, and on

the 30th of Prairial, Year VII. (18th of June 1799) the Legislature had

acted in the same way towards the executive. By the Constitution of the

Year VIII., therefore, the executive power was frankly acknowledged to

be supreme. In its details it was entirely the work of Sieyès, though

his main idea—the appointment of a Grand Elector who should nominate

to fill all offices, but should exercise no power—was rejected by

Bonaparte. The new Constitution was soon ready; it was submitted to the

primary assemblies of the people on the 14th December 1799, and was

accepted by them by 3,011,107 votes against 1567, and was officially

proclaimed on the 24th of December.

[Sidenote: The Consulate.]

The key-stone of the new Constitution was the Consulate. There were

to be three Consuls nominated for ten years, but these officials

were not to be equal in authority, as had been the case with the

Directors. On the contrary, the First Consul was to be perpetual

president and perpetual representative of the governing triumvirate.

All administrative power was placed in his hands, and the Second and

Third Consuls were little more than his chief assistants. The Consuls

acting together nominated the Ministers, and also the Council of State,

which was intended to be at the same time an administrative tribunal of

appeal, and the originating source in matters of legislation.

[Sidenote: The Legislature.]

In the work of legislation the Council of State was supplemented by the

Tribunate and the Legislative Body. All laws prepared by the Council

of State were first submitted to the Tribunate, which was composed

of one hundred members. The Tribunate could neither reject nor amend

a law, but decided whether to support or oppose the project before

the Legislative Body. The Legislative Body consisted of three hundred

deputies chosen by certain electoral assemblies formed by a complicated

scheme out of the taxpayers of the departments. By this scheme, after

three series of elections, what was termed a ‘National List’ was drawn

up. From this national list the Senate chose the members both of the

Legislative Body and the Tribunate. The Legislative Body alone voted

the taxes. In legislative matters it played the part of a national

jury, listening to the arguments for or against brought forward by

the Tribunate on every project prepared by the Council of State, and

deciding in every case without discussion. The Legislative Body alone

could give a project of the Council of State the character of a law.

The Senate was composed of eighty members nominated for life by the

Consuls. Its duties were to choose the members of the Tribunate and

Legislative Body from the National List, and to decide whether any

law or measure of the government was contrary to the Constitution. If

it decided that such law or measure was unconstitutional it had the

authority to annul it.

[Sidenote: Internal Policy of the Consulate.]

[Sidenote: The Code Napoléon.]

The Consulate was composed of Bonaparte as First Consul, with

Cambacérès and Le Brun, both famous jurists, as his associates. Their

policy was one of general reconciliation. The individuals deported

after the revolution of the 18th of Fructidor were allowed to return

to France if they had not, like Pichegru, become declared royalists.

They were even taken into favour; while Carnot was appointed Minister

of War, Portalis and Barbé-Marbois were nominated to the Council of

State. The lists of emigration were closed; no longer could persons be

declared to have emigrated on mere suspicion, and the First Consul, as

an administrative measure, annulled the decrees excluding relations of

_émigrés_ and former nobles from filling executive offices. More than

150,000 _émigrés_ were also allowed to return, mostly priests, who were

no longer regarded as rebels, and who, whether they had taken the oath

to observe the Civil Constitution of the Clergy or not, were allowed

to resume their sacred functions on simply promising to obey the new

Constitution of the State. The Consulate did even more than this for

the cause of religion; many churches which had been appropriated

for civil purposes were restored to their original uses. Brigandage

was sternly put down, and Bonaparte, at last, pacified La Vendée by

negotiating a treaty of amnesty with the remaining Vendéan leaders at

Montluçon, on the 17th of January 1800. A special effort was made to

put the finances in order, and Gaudin, who held office as Minister of

the Finances throughout the Consulate and the Empire, first proved

his extraordinary powers. His financial reforms may be roughly summed

up by the mention of his two most important measures. The decrees of

the Directory in favour of forced loans from the rich, which had been

arbitrarily and unfairly carried out, were abrogated and replaced by

a general income tax of twenty-five per cent. This established some

justice in the collection, which partly compensated for the heaviness

of the tax. The second measure was the appointment of receivers-general

of taxes in every department. These men had to give heavy security, and

were allowed a fair measure of profit in the form of a percentage on

what they collected. They were strictly supervised, and the scandalous

dilapidations which had signalised the period of the Directory were

made impossible for the future. Further, in order to secure the support

of the capitalists, the Bank of France was founded under the guarantee

of the State. Finally, the First Consul decided to carry into effect

the projects of the legal reformers of the Constituent Assembly and the

Convention. Their labours had made possible the formation of a uniform

code of law for France. Bonaparte appointed a Commission, consisting of

Tronchet, Portalis, and Bigot de Préameneu, to examine the labours of

their predecessors, and with their help to draw up the admirable civil

code, which was afterwards known as the Code Napoléon.

[Sidenote: The Ministry.]

In no respect was the administrative ability of the Consuls better

manifested than in the selection they made of their ministers. It has

already been noticed that Gaudin, the greatest financier of France, was

appointed Minister of the Finances. Talleyrand and Fouché once more

took possession of the portfolios of Foreign Affairs and of Police,

which they held for many years. Their first Minister of the Marine,

Forfait, did not remain long in office, but his successor, Decrès,

held that post from 1801 till 1814. The same may be said with regard

to the Ministry of Justice. Abrial, the first occupant of this post,

gave way to Regnier in 1802, but he likewise remained in office till

1814. The Ministries of War and of the Interior were more difficult to

fill; Carnot soon resented the tone of Bonaparte, and was succeeded

by Berthier, afterwards Prince of Neufchâtel, who had been Chief of

the Staff to Bonaparte in Italy. La Place, the great astronomer, had

been appointed Minister of the Interior by the Provisional Government

in November 1799. He did not show himself very efficient, and was

succeeded by Lucien Bonaparte, the First Consul’s ablest brother, in

the following month. He too failed to carry out the wishes of the

Consuls, and was succeeded in 1800 by one of the most distinguished

administrators of the period, Chaptal.

[Sidenote: The External Policy of the Consulate.]

Of foreign affairs Bonaparte, as First Consul, assumed the entire

management; in internal matters he laid down the main principles

indeed, but he allowed his colleagues some share in the government.

He found France once more at war, as she had been before the Treaty

of Campo-Formio, with Austria and England. But another redoubtable

enemy had been added in Russia. Fortunately for France, for reasons

which have already been indicated, the Emperor Paul was profoundly

dissatisfied with his allies. From an unreasoning hatred for France,

the Russian Emperor had now altered his sentiments to one of profound

admiration for the person of the First Consul. Bonaparte was soon

notified of this disposition at the Court of St. Petersburg. He sent

his most intimate friend, Duroc, on a special mission to Russia, and

the idea was already suggested that Russia and France ought to be the

arbiters of Europe. He offered to recognise Paul not only as Grand

Master of the Knights of Malta, but as the sovereign of that island,

and promised in every way to forward Russian interests. In return,

Paul, with his usual exaggeration, declared Bonaparte to be his

dearest friend, surrounded himself with his portraits, drank publicly

to his health, and ordered Louis XVIII. to leave Mittau. The Russian

ambassador in Paris, Kolichev, on behalf of his master, proposed that

Bonaparte should take the title of King of France, and make the crown

hereditary in his family. Next in importance to the commencement of

good relations with Russia, was the First Consul’s effort to make the

King of Prussia his declared ally. For this purpose he sent Duroc also

to Berlin. But Frederick William III. was a different type of monarch

from the Emperor Paul; he could not so readily alter his policy.

Personally, he too admired the First Consul, and regarded him as the

restorer of order and as a monarch in embryo; but, in spite of his

admiration, he refused to comply with the wishes of Bonaparte, as he

had rejected the propositions of the Directory, and insisted on the

maintenance of his consistent attitude of strict neutrality. The last

point to be noticed in the foreign policy of Bonaparte was his attitude

towards the Pope. He not only allowed the body of Pope Pius VI. to be

removed from Valence to be buried at Rome, but he recognised the new

Pope, Pius VII., although he had been elected at Venice under Austrian

influence: he even offered to restore him to his temporal dominion at

Rome, and promised to enter into negotiations with him with regard to

the re-establishment of the Catholic Church in France.

[Sidenote: The Campaign of Marengo. 1800.]

With the two great enemies of France, Austria and England, the First

Consul had no desire to treat. Though unable to strike at England,

owing to the weakness of the French navy, he could yet attack the

Austrians in two quarters. Two powerful armies were prepared, the

one the Army of the Danube, which was placed under the command of

Moreau, and the other the Army of the Interior, soon to become famous

as the Second Army of Italy. Of all the conquests in Italy made by

the French in 1796 and 1797, only Genoa remained in their possession.

Masséna, fresh from his victories in Switzerland, had taken command of

the besieged army. His defence is one of the most famous in history,

and does no less honour to the general than his victory at Zurich.

Bonaparte desired to relieve Genoa; and he resolved not to advance

along the coast, as he had done in 1796, but by crossing the Alps, and

descending upon Piedmont, to cut off the Austrian army occupying that

province.

In the month of May Bonaparte crossed the Great Saint Bernard Pass at

the head of 40,000 men, and fell at once on the Austrian flank. He was

too late to relieve Genoa, which surrendered on the 4th of June, when

but few of the soldiers were still able to stand, but he was in time to

close the retreat of the Austrians upon Lombardy. On the 9th June 1800

General Lannes defeated the Austrian advanced guard at Montebello, and

Bonaparte then barred the road from Alessandria to Piacenza. General

Melas, though not yet joined by the troops which had taken Genoa,

had a larger army than Bonaparte; on June 14 he forced his way out

of Alessandria, and drove back the French columns which occupied the

village of Marengo. The battle was practically lost by the French, when

Desaix, who had been detached to the left with 6000 men, fell upon

the Austrian flank. Desaix was killed, but the vigour of his attack

practically cut the Austrian army in two. The dragoons of Kellermann

completed the victory, and General Melas signed the Convention of

Alessandria, by which he surrendered Genoa, Piedmont, and the Milanese

to the French, and promised to withdraw the Austrian garrisons from all

cities to the west of the Mincio. Bonaparte then attended a _Te Deum_

sung in honour of his victory in the cathedral of Milan, and returned

to Paris, leaving the Army of Grisons, under the command of General

Macdonald, to follow up the Austrians.

[Sidenote: Campaign of Hohenlinden.]

While Bonaparte was winning the battle of Marengo, and reconquering

Italy by a single blow, Moreau was again face to face with his old

opponent, the Archduke Charles. The French advance was very slow.

Fierce battles were fought at Engen, Mœskirchen, and Biberach in May

1800, and by the close of the summer Moreau had his headquarters at

Augsburg, and his advanced guard at Munich. The slowness of Moreau’s

progress dissatisfied the First Consul, as did the want of success

of the Archduke Charles dissatisfy the court of Vienna. Augereau was

sent with 20,000 men to the assistance of Moreau, who was ordered, in

spite of the severity of the winter, to continue his advance; and the

Archduke John was appointed to succeed his brother, and ordered to take

the offensive. The crowning event of this winter campaign was the great

victory of Hohenlinden, which was won by Moreau on the 3d of December

1800. The Austrians lost the whole of their baggage and artillery and

12,000 prisoners.

[Sidenote: The Winter Campaign of 1800.]

The First Consul from Paris ordered Moreau and Macdonald to advance

into the home districts of the House of Austria. Moreau accordingly

pushed along the Inn, the Salz, the Traun, and the Ens, driving the

disorganised and discouraged Austrians before him until he was within

twenty leagues of Vienna. Macdonald, at the same time, crossed the

Splügen Pass in spite of the avalanches, and penetrated into the

Tyrol, thus turning the Austrian forces on the Mincio and the Adige.

On arriving at Trent, Macdonald turned to the right and was joined by

Brune, who had occupied the territory of Venice, and the united French

army marched upon Vienna. Under these circumstances, with Italy lost,

and Vienna threatened from two quarters, the Emperor Francis sued for

peace, which was concluded at Lunéville on the 9th of February 1801.

[Sidenote: The Treaty of Lunéville. Feb. 9, 1801.]

The Treaty of Lunéville was more important from its destruction of the

old Holy Roman Empire than as the treaty of peace between France and

Austria. From the latter point of view the Emperor Francis once more,

as in the Treaty of Campo-Formio, recognised the Rhine as the limit

of France. In Italy the Cisalpine Republic was once more constituted

with the Adige as its frontier, Modena was to be compensated with the

Breisgau, and Venice was again left to the House of Austria. Tuscany

was taken from its Austrian Grand Duke, and erected into a kingdom of

Etruria in favour of the Prince of Parma, a relative of the King of

Spain, and Piedmont was annexed to France; but the King of the Two

Sicilies was allowed to retain his dominions, and the Pope was restored

to all his possessions except the Legations of Bologna and Ferrara.

The Cisalpine Republic was reorganised, and granted a Constitution on

the model of that of the Year VIII., in which Bonaparte was appointed

First Consul. The Ligurian Republic was maintained, with the alteration

that its Doge was nominated by France instead of being elected. The

result of the new arrangements in Northern Italy was that both France

and Austria had a foothold by their occupation of Piedmont and Venice,

with the Cisalpine Republic as a buffer between them. The principle

of secularising the German bishoprics was also again recognised in

the Treaty of Lunéville, and the actual manner in which it should be

carried out was referred to a special commission, whose conclusions

were not adopted till 1803. The principal result of the treaty in

Austria was the retirement of the minister Thugut, who was succeeded

as State Chancellor by Count Louis Cobenzl, the diplomatist, who had

negotiated the treaties both of Campo-Formio and of Lunéville.

[Sidenote: Murder of the Emperor Paul. 23d March 1801.]

The admiration of the Emperor Paul for Bonaparte increased daily, and

it was the Russian Czar, not the French First Consul, who proposed an

invasion of India across Asia, in order to strike a blow at the English

power in the East. Indeed, the English had taken the place of the

French in the mind of Paul, who, not satisfied with forming once again

the Neutral League of the North, determined to send his best troops

against them. The Emperor’s proposition was that one expedition should

consist of 35,000 Frenchmen and 35,000 Russians, under the command of

Masséna. This column was to go down the Danube, and then up the Don to

a point whence it would be but a short march to the Volga. It was then

to proceed down the Volga to Astrakhan, thence across the Caspian Sea

to Astrabad, and then to march by Herat and Kandahar to the Punjab.

Another column was to move by Khiva and Bokhara, and to invade India

by the north of Afghanistan. These grandiose plans were not entirely

accepted by Bonaparte, and the death of the Emperor prevented an

attempt being made to see if they were practicable. The madness of Paul

had steadily increased during his short reign. His nobility disapproved

heartily of his war policy, both against France and later against

England; his adoption of the Neutral League and its policy had done

much to ruin the wealthy nobles of Northern Russia by forbidding the

exportation of Russian commodities on English ships. To the discontent

of the nobility, of the politicians, and of the capitalists must be

added the fears of the courtiers. Even the heir to the throne, his

eldest son Alexander, perceived that the rule of the maniac could not

be borne much longer. It is hardly necessary to particularise all the

causes of his unpopularity; it is enough to say that his behaviour

was that of a madman. Certain courtiers, of whom the leaders were

Count Pahlen, a Livonian nobleman; Benningsen, a Hanoverian general;

Plato Zubov, the last favourite of the Empress Catherine, and his

brother Nicholas, and the Prince Jachvill, determined to put an end

to the tyranny of the Czar. In the night of the 23d of March 1801

he was attacked by these conspirators and ordered to sign an act of

abdication; he refused; the lamp went out, and the Emperor was struck

down and strangled by an unknown hand among his assailants.

[Sidenote: The Neutral League of the North. 1800–1.]

When Bonaparte first entered office he recognised that England was

a more formidable, because a less approachable, enemy than Austria.

Knowing that the French navy was unable to meet the English, he hoped

to counterbalance the maritime preponderance of England by a league

against her commerce. Owing to the long period of war, nothing was to

be gained by solemn decrees forbidding the importation of goods into

France, it was necessary to strike through the neutral nations. The

three great commercial seats of English trade were the Levant, the

Baltic, and Portugal. The failure of the expedition to Egypt proved

that it was impossible to destroy the English trade in the Levant, and

Bonaparte therefore resolved to strike in the other two directions.

Acting mainly through the Emperor Paul, the Armed Neutrality of the

North, or the Neutral League of 1780, was re-established between

the Baltic powers of Russia, Prussia, Sweden, and Denmark. The real

intention of Paul and of Bonaparte was to exclude English commerce

entirely from the Baltic; but for the second time the Baltic powers

nominally made themselves the guarantors of the rights of neutrals.

They protested against the right assumed by England to search neutral

ships, and to confiscate as contraband of war all the goods of

belligerent powers found in them, and also against the prohibition

against neutral ships trading between different enemies’ ports. The

Emperor Paul, like the Empress Catherine twenty years before, made

himself the patron of the Neutral League.

[Sidenote: Battle of Copenhagen. 2d April 1801.]

The English government naturally refused to accede to the demands of

the Neutral League, and when the Baltic was closed to them an English

fleet was ordered to force the blockade. This fleet was placed under

the command of Sir Hyde Parker, with Nelson as second in command. On

the 30th of March 1801 the fleet sailed down the Sound, in spite of the

Danish batteries at Elsinore, and on the 2d of April Copenhagen was

bombarded and a large part of the Danish fleet destroyed. This victory,

and still more the death of the Emperor Paul, caused the dissolution

of the Neutral League of the North, and Bonaparte had to adjourn for

some years his schemes for the annihilation of English commerce.

[Sidenote: Spain and Portugal. 1800–1.]

[Sidenote: Treaty of Badajoz.]

In the Iberian peninsula the designs of Bonaparte against English trade

were more successful. Spain still remained the ally of France in spite

of the sufferings that alliance had brought upon her, but Portugal had

hitherto continued the faithful friend of England. Through Portugal

English goods entered Spain and the south of France, and Bonaparte

resolved to put an end to the neutrality of Portugal. For this purpose,

in the year 1800, he despatched his ablest brother, Lucien Bonaparte,

as ambassador to Madrid, with orders to negotiate with the Prince

Regent of Portugal. The terms offered were that the Portuguese ports

were to be closed to English trade, that special commercial advantages

were to be given to French merchants, that French Guiana was to

be extended to the river Amazon, and that a portion of Portuguese

territory was to be ceded to Spain until Trinidad and Minorca were

recovered by the latter power. The Prince Regent of Portugal rejected

these hard terms; Spain declared war in the beginning of 1801, and

22,000 veteran French soldiers, under the command of General Leclerc,

Bonaparte’s brother-in-law, were sent to the assistance of Spain.

The campaign was a very short one. The French troops never came into

action; but the Portuguese were twice defeated in pitched battles, and

lost some of their fortresses. The Prince Regent sued for peace, and a

treaty was signed between Spain and Portugal at Badajoz on the 6th of

June 1801. By this treaty the city and district of Olivenza were ceded

to Spain, and, by a subsequent arrangement, the limits of French Guiana

were extended to the river Amazon. Bonaparte was much disgusted with

these treaties, and especially with the continued refusal of Portugal

to close her ports to English commerce, and it was many months before

he consented to ratify them. England refused to recognise Portugal as

an enemy; but an English force occupied the island of Madeira, and the

East India Company’s troops garrisoned Goa.

[Sidenote: Campaign in Egypt. 1800–1.]

When Bonaparte left Egypt he was unable, owing to the stringency of

the blockade maintained by the English fleet, to take more than a few

companions with him. Kléber, who, as has been said, succeeded him

in the command of the French army, soon found himself confronted by

a powerful Turkish and Mameluke army. This army he defeated at the

battle of Heliopolis on the 20th of March 1800, after which success

Egypt again submitted to French rule. On the 14th of June 1800, the

very day on which his former comrade Desaix met a soldier’s death at

the battle of Marengo, Kléber was assassinated by a Muhammadan fanatic

in Cairo. Menou, the new French general in Egypt, was in every way

Kléber’s inferior, and concentrated the French troops in the two cities

of Cairo and Alexandria. Isolated entirely from the mother country, and

unable to receive reinforcements or ammunition, the English government

regarded the French in Egypt as an easy prey. On the 19th of March 1801

a powerful English army disembarked at Aboukir, under the command of

Sir Ralph Abercromby, and defeated the French before Alexandria two

days later in a pitched battle, in which Abercromby was killed. Siege

was then laid to Alexandria and Cairo, and both cities surrendered to

the English general, Lord Hutchinson, before the arrival of a division

from India, which, under the command of Sir David Baird, had sailed up

the Red Sea, marched across the Soudan desert, and descended the Nile

to Cairo in boats. As a result of these operations, a convention was

signed between the French and English generals in Egypt on the 2d of

September 1801, by which the French garrisons evacuated all remaining

posts, and were conveyed to France in English ships.

[Sidenote: The Peace of Amiens. 25th March 1802.]

Though neither Bonaparte nor the leaders of English political opinion

believed it possible for a permanent peace to be agreed to in the

interests of their respective countries, the outcry of both the

English and the French people against the prolonged war made it

necessary for their rulers to conclude some kind of a truce. Pitt had

in 1801 gone out of office, and his successor Addington, afterwards

Lord Sidmouth, declared in favour of a peace policy. The treaty, which

is known as the Peace of Amiens, was really nothing more than a truce.

Only a very general agreement was come to, and many essential points

were left undecided. Both nations needed a rest, and neither government

looked upon the Peace of Amiens as affording a permanent solution of

their differences. Many loopholes were left, which were certain to

afford pretexts for renewing the war to both contracting powers, and of

these the most notable was the question of the possession of Malta.

[Sidenote: The Reconstitution of Germany.]

Far more important than the temporary Peace of Amiens was the

reconstitution of Germany, which was finally accepted by the Diet at

Ratisbon on the 25th of February 1803. The Holy Roman Empire which

had lasted so many centuries ceased to exist. The ancient division

of the Empire into circles was abolished, and the three colleges

which formed the Diet were profoundly affected. Instead of the eight

electors, three ecclesiastical and five lay, that formerly existed,

ten electors, one ecclesiastical and nine lay, were created. The

Archbishops of Cologne and Trèves, whose states being on the left bank

of the Rhine were absorbed into France, lost their electoral dignity.

The Archbishop-Elector of Mayence was retained as Arch-Chancellor of

the Empire, and he received as his dominions the Bishopric of Ratisbon,

the Principality of Aschaffenburg, and the County of Wetzlar. The

nine lay electors were the five princes who had formerly enjoyed the

dignity, namely, the Electors of Bohemia, Brandenburg, Saxony, Bavaria,

and Hanover, and four new Electors, the Margrave of Baden, the Duke

of Würtemburg, the Landgrave of Hesse-Cassel, and the Grand Duke

Ferdinand, brother of the Emperor, and former Grand Duke of Tuscany,

who was appointed Elector of Salzburg. By this new arrangement, and

by the abolition of two-thirds of the ecclesiastical electorate, the

majority in the College of Electors passed from the Catholics to the

Protestants. In the College of Princes there was the same result, for

by the secularisation of the Catholic bishoprics the majority passed to

the Protestant rulers. More sweeping still was the alteration in the

third College—that of the Free Cities. Instead of fifty-two constituent

members of this College only six were retained, and their maintenance

was due to the intervention of France. These six cities were Augsburg,

Bremen, Frankfort-on-the-Main, Hamburg, Lübeck, and Nuremberg. By these

changes the constitution of the Empire was entirely altered; but still

more notable was the change in the position of the various princes in

Germany, for the tendency of the secularisation of the ecclesiastical

states was to diminish the number of ruling princes and to increase the

extent of their dominions.

[Sidenote: The Secularisations in Germany.]

The great war with France had shown the weakness of the Empire as an

organisation, and had also proved the advantages to the inhabitants

of the existence of large and powerful states. It was, therefore,

the already existing kingdoms which received the greatest addition

of territory under the new arrangements. Nominally, the secularised

bishoprics were intended to compensate those German princes whose

territories on the left bank of the Rhine had been ceded to France;

practically, the powerful states only were increased. Austria, whose

new possession of Venice in place of the Milanese had been reaffirmed

by the Treaty of Lunéville, only acquired in Germany the Bishoprics of

Brixen and Trent, but two Austrian princes received independent states,

namely, the Grand Duke of Tuscany, Ferdinand, who, as has been said,

was given the Archbishopric of Salzburg, with the title of Elector,

and the Duke of Modena, who received the Breisgau. Nevertheless, the

power of Austria was greatly weakened, for under the old arrangement

the ecclesiastical electors and the Catholic bishops had always been

partisans of Austria. Prussia was the country which profited the

most, though she had suffered the least in the war against France. In

exchange for part of the Duchy of Cleves, the Duchy of Guelders, and

the County of Moers, Prussia received the large and wealthy Bishoprics

of Hildesheim, Paderborn, Erfurt, and part of Münster, together with

a number of abbeys, of which the largest were Herford, Quedlinburg,

Elten, Essen, and Werden, and several free cities. Hanover received

the Bishopric of Osnabrück, to which the King of England, as Elector

of Hanover, had previously possessed the alternate nomination. Bavaria

was made into a powerful and concentrated state. In exchange for the

Palatinate, the Duchy of Deux-Ponts (Zweibrücken), the Principalities

of Juliers, Simmern and Lautern, she received the Bishoprics of

Würtzburg, Bamberg, Augsburg, Freisingen, and part of Passau, together

with a large number of abbeys and free cities. Baden received the

portion of the Bishoprics of Spires, Strasbourg, and Basle, situated

on the right bank of the Rhine, the Bishopric of Constance, the

cities of Heidelberg and Mannheim, and many abbeys and free cities.

Finally, the Duchy of Würtemburg, in exchange for the Principality

of Montbéliard, received abbeys and free towns, which increased its

population by a hundred thousand inhabitants. It is not necessary to

describe the various accessions granted to the Princes of Hesse-Cassel,

Hesse-Darmstadt, Nassau, and the rest; but, it may be noted that the

Prince of Orange, the former Stadtholder of Holland, received the

Bishopric of Fulda. These changes remodelled Germany, and in the result

were most prejudicial to France; for instead of there existing a series

of buffers in the shape of small and weak states, France was brought

almost directly into contact with Prussia and Austria.

[Sidenote: The Reconstitution of Switzerland.]

At the same time that the ancient federal Holy Roman Empire was

reconstituted, the ancient federal Republic of Switzerland was likewise

reorganised. The reasons which had induced the Directory to intervene

in Swiss affairs still existed; the revolutionary party which opposed

the federal idea, and desired to form a united Switzerland, remained

in direct opposition to the supporters of the former government of the

cantons. It was essentially the question of government which divided

the two parties, and there was no suggestion of restoring the feudal

system, or the privileges of certain towns and certain cantons over

others. The breath of the French Revolution had swept away political

inequalities as completely in Switzerland as in France. Soon after the

Treaty of Amiens, Bonaparte withdrew the French troops from the new

Helvetic Republic. Civil war, as he expected, recommenced, and the

Helvetic Government was driven from Berne by the federalists. Bonaparte

therefore despatched an army to restore order, and summoned the

leading Swiss statesmen to Paris. To them he propounded a new scheme

of federal government, which was accepted, and the Act of Mediation,

which was promulgated on the 19th of February 1803, established the

new Constitution, and recognised the First Consul as Mediator. By

the Act of Mediation Switzerland was divided into nineteen cantons,

each of which had its own local government and special laws and

taxes. The thirteen old cantons were maintained; six of them were

democratic—Appenzell, Glarus, Schwyz, Unterwalden, Uri, and Zug;

seven were oligarchical—Basle, Berne, Friburg, Lucerne, Schaffhausen,

Soleure, and Zürich. The six new cantons added by Bonaparte comprised

five territories which had formerly been subject; the Pays de Vaud

and Aargau were made independent of Berne; Thurgau was separated from

Schaffhausen, and Ticino from Uri and Unterwalden, and the canton of

Saint-Gall was formed out of certain districts formerly belonging to

Appenzell, Glarus, and Schwyz; finally, the Grisons, which had hitherto

been an independent mountain republic, was declared a canton of

Switzerland. Geneva had some years before been added to France as the

Department of the Leman, and the Valais was now declared independent—a

preliminary step to its ultimate annexation by France. The Federal

Diet was to consist of twenty-five deputies, two from the six largest

cantons, Aargau, Berne, the Grisons, Saint-Gall, the Pays de Vaud,

and Zurich, and one from each of the others. The Diet was to meet

every year in the capital of a different canton, and the Landamman

of that canton was for that year the President of the Confederation.

The Federal Act once more declared the entire abolition of feudalism,

and of all privileges of birth, etc., and forbade for the future all

internal customs duties. Bonaparte proclaimed that he would not allow

the interference of any other power in Switzerland, and took the title

of Mediator of the Confederation of Switzerland.

[Sidenote: The Concordat. 1801–2.]

It has already been stated that Bonaparte desired to stand well with

the Catholic Church, and had recognised the advantages of a state

religion. One of his most important measures during the Consulate was

to put an end to the schism which had lasted since the promulgation

of the Civil Constitution of the Clergy in 1790, with the assistance

of the Pope, Pius VII. All the bishops elected under the Civil

Constitution of the Clergy, and most of those who had emigrated, sooner

than take the oath of allegiance to it, resigned, and the leaders of

both sections were nominated and instituted to different dioceses.

A new circumscription of sees was agreed to, and France was divided

into fifty bishoprics and ten archbishoprics. It was agreed by the

Concordat, which was signed between the Pope and the First Consul on

the 15th of July 1801, and solemnly proclaimed on the 18th of April

1802, after being sanctioned by the Legislative Body, that the First

Consul should nominate all bishops, and the Pope should institute.

The government of the Consulate recognised the Catholic, Apostolic

and Roman religion as that of the majority of the French people, and

ordained that its public worship should be carried on freely so long as

the police regulations were observed. All ecclesiastics were to swear

fidelity to the government, which promised to pay a suitable salary to

all bishops and curés. In return, the Pope promised that neither he

nor his successors would lay any claim to the ecclesiastical estates

which had been alienated, and that all such property should be held the

indisputable possession of its purchaser.

[Sidenote: Internal Organisation.]

[Sidenote: The Prefectures.]

The recognition of the frontier of the Rhine by the Treaty of Lunéville

and the Diet of Ratisbon largely increased the territory of France.

The First Consul proceeded to organise the additions on the bases

laid down by the Constituent Assembly, Convention, and Directory.

Belgium was divided into nine departments. The Rhenish territories,

including the Palatinate, the Diocese of Trèves, etc., were divided

into four departments, of which the headquarters were Aix-la-Chapelle,

Coblentz, Mayence, and Trèves. Further south, the Department of the

Mont-Terrible, which had been formed by the Convention out of the

Republic of Mulhouse and the District of Porentruy, was merged into the

Department of the Haut-Rhin, and the Principality of Montbéliard was

united to the Department of the Doubs. The Republic of Geneva, as has

been said, formed the Department of the Leman. Savoy was constituted

as the Department of Mont-Blanc, and the County of Nice that of the

Alpes-Maritimes. These were the recognised limits of France in 1801,

and were defensible on geographical grounds; but, on the 11th of

September 1802, Bonaparte went further, and declared the union of

Piedmont with France. Instead of being amalgamated with the Cisalpine

Republic, Piedmont was divided into six departments, and the island

of Elba was detached from Tuscany and declared, like Corsica, to be a

French island. At the head of each department a Préfet was appointed,

to take the place of the national agents maintained by the Directory.

At the head of each subdivision, now called an arrondissement instead

of a district, was placed a Sous-Préfet, also nominated by the supreme

executive, and at the head of each commune was the Maire, who was also

nominated and not elected. Préfets, Sous-Préfets, and Maires were

assisted by nominated councils in administrative matters, and appeals

from their decisions lay to the Council of State.

[Sidenote: Education.]

Just as Bonaparte had built up the new Code of Law on the bases laid

by the Legislative Committee of the Convention, so, too, he made use

of the labours of its Committee of Public Instruction to establish

a scheme of national education. In every commune which could afford

the expense, he maintained the primary school established by the

Convention; but he feared to burden the National Treasury with the

expense of schools in the poorer communes, and preferred to leave their

establishment to local endeavour. In secondary education, he suppressed

the central schools of the Convention, and replaced them by twenty-nine

lycées, specially intended for the education of the middle classes. For

higher education, he founded ten schools of law and six of medicine;

he improved the Polytechnic School, and started a school of mechanics,

which became later the famous École des Arts et Métiers. The key-stone

of the whole educational system, the foundation of the University, was,

however, not laid till some years later.

[Sidenote: Constitutional Changes.]

The great administrative reforms of Bonaparte made him as popular among

all classes of the population as his victories had made him in the

army. Not only in France, but throughout Europe, he was looked upon as

the restorer of order and good government. This sentiment appeared most

vividly at the time when a plot against his life was discovered on the

24th of September 1800. This plot, which is known as the Conspiracy

of the Infernal Machine, is said to have been the work of the Jacobin

party; the explosion took place in the Rue Sainte-Nicaise, too late

to do him any harm, but it was used as a pretext to exile the most

vigorous republicans. So great was his popularity, that rumours were

already heard of making him monarch. The first step in this direction

was taken in 1802, when the Council of State proposed that the primary

assemblies should be summoned to decide whether Bonaparte should not be

made First Consul for life. In May 1802 this proposal was laid before

the people, and was carried by more than 3,500,000 votes to 8000. Some

slight changes were made at the same time, of which the most important

were that the First Consul was enabled to nominate his successor, that

the lists of candidates for public functions were replaced by electoral

colleges appointed for life, and that the Senate was given the right to

dissolve the Tribunate and the Legislative Body.

[Sidenote: Bonaparte’s Colonial Policy.]

The First Consul clearly understood that the Peace of Amiens was not

likely to last, and that war would soon break out again with England.

He knew that England derived much of her influence from her navy and

her colonies; he therefore spared no efforts to restore the French

navy, and to make France once more a colonial power. His first essays

in this direction were to obtain Louisiana from Spain in exchange for

the kingdom of Etruria, formed in Italy for Prince Louis of Parma, and

the extension of the limits of French Guiana to the Amazon extorted

from Portugal. But his main project was to restore the French power

in the West Indies. Guadeloupe and Martinique and the French Antilles

had been restored to France by the Treaty of Amiens, and the First

Consul resolved to make them the starting-point for the reconquest of

San Domingo. This island had, as a result of the policy of Sonthonax

and Polverel, the proconsuls of the Convention, been entirely lost

to France; the planters and other whites had fled; and the revolted

slaves and mulattoes were masters of the island. Toussaint Louverture,

the leader of the negroes, refused to hold any communications with

Bonaparte, and the First Consul therefore, as soon as the Peace of

Amiens had opened the sea, sent an expedition of 20,000 men against

him, commanded by his brother-in-law, General Leclerc. The island

was reconquered by May 1802; but the victorious army was practically

destroyed by yellow fever. Toussaint Louverture was taken prisoner and

sent to France: but nevertheless, as soon as war with England again

broke out, and the arrival of reinforcements was prevented by English

cruisers, the negroes rose afresh under new leaders and destroyed the

remnant of the garrison. It may be added that the French Antilles were

recaptured by the English in 1809 and 1810.

[Sidenote: Recommencement of the War between England and France. 18th

May 1803.]

It has been said that the Treaty of Amiens was practically only a

truce, and that many points of interest to the two nations were left

undecided. Of these the most important regarded Malta. The English

ministry positively refused to surrender this island to the Knights

of Saint John, under the protectorate of the Emperor Alexander,

which would leave it at the mercy of France. Bonaparte demanded the

evacuation of Malta with much insistance as one of the conditions of

the Treaty of Amiens; but the English government in reply pointed to

the annexation of Elba, Parma and Piacenza, and Piedmont, and the

interference in Switzerland, as also being breaches of the treaty. The

First Consul was also very exasperated at the personal attacks made on

him in the irresponsible English press. He failed to understand that

by the English law the government could not prevent the publication

of libels against him, and regarded their refusal to punish the

libellers as personal insults to himself. The French ambassador in

London prosecuted Peltier, the chief libeller, before the Court of

King’s Bench. He was brilliantly defended by Sir J. Mackintosh, and

only ordered to pay a small fine. A public subscription was raised to

pay his fine and costs, and the First Consul regarded this as adding

a further insult to the injuries he had received. In truth, both

governments felt that war was inevitable, and in May 1803 the rupture

was complete. The English navy began to seize the French trading

vessels, and the First Consul, as a reprisal, arrested all the English

travellers he could find in France, and ordered Mortier to occupy

Hanover.

[Sidenote: Position of Foreign Affairs.]

The First Consul entered upon a fresh war with England with a light

heart, for he believed that she would be unable to obtain any allies.

Austria was exhausted by the terrible wars she had undergone, and the

State Chancellor, Cobenzl, held that she needed time to recuperate.

Prussia persisted in her attitude of strict neutrality; Haugwitz was

dismissed from the Secretaryship of State for Foreign Affairs as

being too French in his sympathies, after the occupation of Hanover,

and was succeeded by Hardenberg, the maker of the Treaty of Basle.

Spain was Bonaparte’s faithful and hopeful ally; and Russia, the

most formidable of the continental powers, inclined to his side. The

attitude of the Emperor Alexander at this period was of the greatest

importance. Educated by a Swiss publicist who sincerely loved France,

La Harpe, the Emperor of Russia was inclined to admire the results of

the French Revolution and the French people. His sentiments for the

person of Bonaparte were nearly as full of enthusiastic admiration as

those of his father, the Emperor Paul. He made the French ambassadors

at St. Petersburg, Duroc and Caulaincourt, his personal friends, and

wrote letters to Bonaparte expressing his feelings. But the Emperor’s

relatives, especially his mother, with his ministers and his courtiers,

were opposed to France and in favour of a close alliance with England,

or at the very least of the maintenance of strict neutrality. England

practically commanded the Russian trade, and war with England meant

the loss of the only market for Russian raw material, the consequent

impoverishment of the Russian people, and the ruin of the Russian

capitalists. Nevertheless the Emperor Alexander was an autocrat, and

Bonaparte counted upon his friendship even though he could not secure

his alliance.

[Sidenote: The Plot of Pichegru and Cadoudal.]

On the outbreak of war the numerous French exiles in England offered

their services to the English Government. It is significant of the

change which had come over the state of affairs that, instead of

endeavouring to raise a counter-revolution, they proposed to attack the

person of the First Consul. The leaders of the new plot were Pichegru,

now a declared royalist and partisan of the Bourbons, and Georges

Cadoudal, the celebrated Chouan leader. Both had the audacity to go to

Paris and to enter into relations with General Moreau. Moreau, though

he resented the lofty position of Bonaparte and refused to serve him,

would be no party to an assassination, more especially an assassination

which would restore the Bourbons, and Cadoudal and Pichegru had to

act with the assistance of certain French noblemen and some former

Chouans. A plot was formed to murder the First Consul on the road

from Malmaison to Paris, but it was discovered by the French police,

and Bonaparte in terror ordered the gates of Paris to be closed as in

the most terrible days of the Revolution, and proclaimed the pain of

death against all who sheltered the conspirators. After some daring

adventures the leaders were seized; Georges Cadoudal was executed;

Pichegru was strangled in prison; and Moreau, who was condemned to two

years’ imprisonment, was allowed to go into exile in the United States.

The French noblemen implicated were treated with more leniency, and the

lives of their two chiefs, Armand de Polignac and Charles de Rivière,

were spared.

[Sidenote: Execution of the Duc d’Enghien. 21st March 1804.]

The discovery of this plot against his life, which was undoubtedly

fostered by the Bourbon princes, made the First Consul determined to

wreak his vengeance against that unfortunate family. Being unable to

seize the persons of the pretender, Louis XVIII., and his brother, the

Comte d’Artois, who resided in England, he carried off a young Bourbon

prince, the eldest son of the Prince de Condé, who was quite innocent

of the conspiracy of Pichegru. The Duc d’Enghien was at this time

living at Ettenheim in the Grand Duchy of Baden. He was arrested there

by French soldiers, contrary to all international law, and taken to

Vincennes. He was at once tried by a military commission as an _émigré_

who had borne arms against France, and was condemned to death. The

sentence was immediately carried out in spite of the demands of the

young prince for an interview with the First Consul. This execution was

a great political mistake. Bonaparte expected that it would terrify

the Bourbon princes, but it reacted to his own prejudice. The Court

of Saint-Petersburg went into mourning; the King of Prussia, who had

at last almost resolved to make an alliance with France, began to

negotiate with Russia; the royal family of Austria looked upon the

execution as a pendant to that of Marie Antoinette; and the English

Government made use of the horror caused by it to endeavour to form a

fresh coalition against France.

[Sidenote: Bonaparte becomes Emperor of the French. 18th May 1804.]

[Sidenote: Francis II. becomes Emperor of Austria.]

Directly after this tragedy, which proved that Bonaparte was

practically an absolute monarch, he decided to take upon himself the

rank of Emperor of the French. The Senate offered this title to the

First Consul at Saint-Cloud on the 18th of May 1804, and the people

ratified it by a majority of more than 3,500,000 votes. By the _senatus

consultum_ which made him Emperor the office was made hereditary to

his direct descendants. As he had no children he was given the power

to adopt, a power which it was undoubtedly expected would be used in

favour of his step-son, Eugène de Beauharnais. A few months after the

Corsican soldier of fortune was declared Emperor of the French, the

last Holy Roman Emperor, Francis II., resolved to rid himself of what

was now but an empty title. The new Constitution of the Holy Roman

Empire had destroyed the imperial authority by depriving it of the

votes of the ecclesiastical members in the Diet, and increasing or

consolidating the dominions of the principal German states. Francis

II. acknowledged the new order of things. On the 11th of August 1804,

he erected the Austrian dominions into an hereditary empire, and on

the 7th of December following, five days after the coronation of

Bonaparte as the Emperor Napoleon by the Pope at Paris, the last Holy

Roman Emperor proclaimed himself Emperor of Austria under the title of

Francis I. This then was the result of fifteen years of revolution, the

disappearance of the ancient figure-head of Europe, and the creation of

a new Empire founded on the power of the sword.

Revolutionary Europe, 1789-1815 · 第 7 / 13 章