ART. 61. No one can be prosecuted, arrested, detained in custody, or

banished, except in cases provided for by the law, and according to

the forms prescribed.

ART. 62. Freedom in religious worship is guarantied to all.

ART. 63. All property possessed or acquired agreeably to the laws, and

all debts of the state, are inviolable.

ART. 64. Every citizen has a right to print and publish his opinions,

he signing them, without any previous censorship; saving that he is

legally responsible, after publication, to be tried by a jury, even

though the application of a correctional punishment only should be

requisite.

ART. 65. The right of petition is secured to all the citizens. Every

petition is that of an individual (_est individuelle_). These

petitions may be addressed, either to the government, or to the two

chambers; nevertheless, even the latter must be superscribed "to his

Majesty the Emperor." They must be presented to the chambers under the

guarantee of a member, who recommends the petition. They are read

publicly; and, if the chamber take them into consideration, they are

carried to the Emperor by the president.

ART. 66. No place, no part of the territory, can be declared in a

state of siege, except in case of invasion by a foreign power, or of

civil disturbance.

In the former case, the declaration is made by an act of the

government.

In the second case, it can be made only by the law. However, if the

case occur, when the chambers are not assembled, the act of

government, declaring the state of siege, must be converted into a

proposal for a law in the first fifteen days after the meeting of the

chambers.

ART. 67. The French people declare farther, that, in the delegation it

has made, and now makes, of its powers, it has not intended, and does

not intend, to confer the right of proposing the re-establishment of

the Bourbons, or of any prince belonging to that family, on the

throne, even in case of the extinction of the imperial dynasty; or the

right of re-establishing either the ancient feudal nobility, or feudal

and seigniorial rights, or tithes, or any privileged and predominant

form of worship; or the power of making any infringement of the

irrevocability of the sale of national domains: it formally prohibits

the government, the chambers, and the citizens, from every proposal

in respect to these.

Done at Paris, the 22d of April, 1815.

(_Signed_) NAPOLEON.

By the Emperor,

_The minister secretary of state,_

(_Signed_) The Duke of BASSANO.

* * * * *

This additional act did not answer the general expectation.

The public had hoped, to receive from Napoleon a new constitution,

freed from the faults and abuses of the preceding constitutions; and

it was surprised, grieved, dissatisfied, when it saw, by the very

preamble of the additional act, that it was nothing but a

_modification_ of the former constitutions, decrees of the senate, and

other acts, by which the empire was governed.

What confidence, people cried, can such a production inspire? What

guarantee can it afford the nation? Do we not know, that it was by

means of these decrees of the senate, that Napoleon sported with our

most sacred laws? and, since they are now maintained and confirmed,

may he not employ them, as he formerly did, to interpret after his

own fashion his additional act, alter its nature, and render it

illusory?

It had been to be wished, undoubtedly, that the additional act had not

revived the name, and borrowed the assistance, of all the senatorial

acts, become on so many accounts objects of the public contempt and

derision: but this was impossible[7]. They were the basis of our

institutions; and they could not have been proscribed in a body,

without arresting the progress of government, and subverting the

established order of things from top to bottom.

[Footnote 7: Notwithstanding the charter, and the laws

daily passed, it is found necessary, to recur every day

to rules established by the ancient legislation of the

senate.]

Besides, the fear of Napoleon's putting them in vigour was founded

only on vague suppositions. The oppressive arrangements of the decrees

of the senate were annulled, both in fact and in law, by the

principles, which the additional act sanctioned: and Napoleon had

rendered it impossible for him to augment his authority, or to abuse

it, by the immense power, with which he had invested the chambers, the

responsibility he had thrown on his agents and ministers, and the

inviolable guarantees he had conferred on freedom of opinion and

personal liberty. The slightest attempt would have betrayed his secret

intentions; and a thousand voices would have been raised, to say to

him: "We, who are as good as you, have made you our King, on

condition, that you keep our laws: if not, not[8]."

[Footnote 8: The well-known words, in which the cortes

of Arragon address the kings of Spain at their

coronation.]

The re-establishment of the chamber of peers, imported from England by

the Bourbons, excited no less vividly the public discontent.

It was clear, in fact, that the privileges, and peculiar jurisdiction,

which the peers exclusively enjoyed, constituted a manifest violation

of the laws of equality; and that the hereditary state of the peerage

was a formal infraction of the right of all Frenchmen, to be equally

admissible to the offices of the state.

Accordingly the friends of liberty and equality with reason reproached

Napoleon for having falsified his promises; and given them, instead of

a constitution bottomed on the principles of equality and liberty,

which he had solemnly professed, a shapeless act, more favourable than

the charter, or any of the preceding constitutions, to the nobility

and their institutions.

But Napoleon, when he promised the French a constitution, that might

be termed _republican_, had rather followed the political suggestions

of the moment, than consulted the welfare of France. Restored to

himself, ought he to have adhered strictly to the letter of his

promises, or interpreted them merely as an engagement, to give France

a liberal constitution, as perfect as possible?

The answer cannot be doubtful.

Now the testimony of the most learned civilians, the experience of

England for 125 years, had demonstrated to him, that the government

best adapted to the habits, manners, and social relations of a great

nation; that which affords the greatest pledge of happiness and

stability; in fine, that which best reconciles political liberty with

the degree of power necessary to the chief of a state; is a

representative monarchical government. It was Napoleon's duty,

therefore, as a legislator, and a paternal sovereign, to give this

mode of government the preference.

This point granted, and it is incontestable, Napoleon was under the

necessity of establishing an hereditary and privileged chamber of

peers; for a representative monarchy cannot subsist, without an upper

chamber, or chamber of peers; as a chamber of peers cannot subsist

without privileges, and without being hereditary.

None therefore but the insincere; or men, who, though good patriots,

unconsciously substitute their passions or prejudices in the place of

the public welfare; can reproach Napoleon for having introduced this

institution into our political organization.

The re-establishment of an intermediate chamber, perhaps, would not

have wounded them so deeply, if care had been taken, to give it a name

less sullied by feudal recollections: but the revolution had exhausted

the nomenclature of public magistracies. Besides, the Emperor thought,

that this was the only title answerable to its high destination.

Perhaps, too, as Louis XVIII. had had his peers, he was not

displeased, to have his also.

A third accusation bore hard on Napoleon. He promised us, it was

urged, as a natural consequence of the fundamental truth, _the throne

is made for the nation, and not the nation for the throne_, that our

deputies, assembled at the _Champ de Mai_, should give to France,

jointly with him, a constitution conformable to the interests and

wishes of the nation; and by an odious breach of faith, he grants us

an additional act, after the manner of Louis XVIII; and this he

forces us to adopt in the lump, without allowing us to reject those

parts, that may wound our dearest and most sacred rights.

Napoleon had proclaimed, it is true, on the 1st of March, that this

constitution should be the work of the nation: but since this period

circumstances had altered. It was of importance to the preservation of

peace at home, and to the relations between Napoleon and foreign powers,

that the state should be speedily established and that Europe should

find in its new laws those safeguards against the ambition and despotism

of the Emperor, _and perhaps too against the re-establishment of a

republic_, that it might deem desirable.

Literally to comply with the words of Napoleon, it would have been

necessary, for the electoral colleges to give their deputies written

instructions, as in 1789. The assembling of these colleges, the

drawing up of their instructions after discussion, the choosing of

delegates, their journeying to Paris, the distribution of the labour,

the preparation, examination, and discussion of the bases of the

constitution, the disputative conferences with the delegates of the

Emperor, &c. &c., would have consumed an incalculable portion of

time, and left France in a state of anarchy, that would have deprived

it of the means or possibility of making peace or war with foreigners.

Thus, then, far from blaming the Emperor for deviating at the moment

from this part of his promises, he on the contrary deserves credit for

having voluntarily resigned the dictatorship, with which circumstances

had invested him, and placed public liberty under the protection of

the laws. Had he not been _sincere_; had he not been _honestly_

disposed, to restore to the people their rights, and confine his own

within proper limits, he would not have been in haste, to publish the

additional act: he would have been for gaining time, in hopes that

victory or peace, by consolidating the sceptre in his hands, would

have enabled him to dictate laws, instead of subjecting himself to

them.

In fine, the additional act was reproached with having re-established

the confiscations abolished by the charter.

The majority of the counsellors of state and ministers, and M. de

Bassano more particularly, strongly opposed this renewed provision of

our revolutionary laws. But the Emperor considered the confiscation of

estates as the most efficacious means of bridling the royalists; and

he persisted obstinately in not giving it up; reserving the power of

relinquishing it, when circumstances would permit.

Upon the whole, the additional act was not without blemishes; but

these blemishes, easy to be removed, no way affected the beauty or

goodness of its basis.

It acknowledged the principle of the sovereignty of the people.

It secured to the three powers of the state the strength and

independence necessary, to render their actions free and efficacious.

The independence of the representatives was guarantied by their

number, and the mode of their election.

The independence of the peers, by their being hereditary.

The independence of the sovereign by the imperial _veto_, and the

happy establishment of the other two powers, which serve him mutually

as a safeguard.

The liberties of the people, solidly established, were liberally

endowed with all the concessions granted by the charter, and all those

subsequently claimed.

The trial of all libels (_délits de la presse_) by a jury, protected

and secured freedom of opinion. It defended patriotic writers from

the anger of the prince, and the complaisance of his agents. It even

assured them of impunity, whenever their writings are in harmony with

the secret opinions and wishes of the nation.

Personal liberty was guarantied, not only by the old laws, and the

irremoveableness of the judges, but also by two new provisions; one,

the responsibility of ministers; the other, the approaching abolition

of the impunity, with which public functionaries of all classes had

been invested by the constitution of the year 8, and afterward by the

regal government.

It was still farther guarantied by the insurmountable barrier opposed

to the abuse of the right of banishment, by reducing the jurisdiction

of military courts within their natural limits, and by restricting the

power of declaring any portion of the country in a state of siege; a

power hitherto arbitrary, and by help of which the sovereign suspended

at will the authority of the constitution, and placed the citizens, in

fact, out of the pale of the law.

The additional act, in fine, by the obstacles it opposed to the

usurpations of supreme power, and the innumerable guarantees it

secured to the nation, established public and private liberty on

foundations not to be shaken; yet, from the most whimsical of all

inconsistencies, it was considered as _the work of despotism_, and

occasioned Napoleon the loss of his popularity.

The writers most celebrated for their understanding and patriotism

took up the defence of Napoleon: but in vain did they quote Delolme,

Blackstone, Montesquieu; and demonstrate, that no modern state, no

republic, had possessed such liberal and beneficial laws: their

eloquence and their erudition were without success. The contemners of

the additional act, deaf to the voice of reason, would judge of it

only from its title; and as this title displeased and alarmed them,

they persisted in blackening and condemning the work on the score of

its name, according to the vulgar proverb, _Give a dog a bad name, and

hang him_.

Napoleon, far from foreseeing this fatal result, had persuaded

himself, on the contrary, that he should receive credit for having so

promptly and generously accomplished the hopes of the nation; and he

had prepared a long proclamation to the French people in his own hand,

in which he sincerely congratulated himself and them on the happiness,

that France was about to enjoy under the sway of his new laws.

This proclamation, as may easily be guessed, came to nothing[9]. In

its place came a decree for convoking the electoral colleges, in which

Napoleon, informed of the public rumours, excused himself, on the

ground of the pressure of circumstances, for having abridged the forms

he had promised to follow in composing the constitutional act; and

announced, that this act, containing in itself the principles of every

improvement, might be modified in conformity to the wishes of the

nation. By the terms of this decree, the electoral colleges were

called on to choose the members of the approaching assembly of

representatives; and Napoleon excused himself afresh, for being

compelled by the state of affairs, to require them to proceed to the

election of deputies previous to the acceptance of the constitution.

[Footnote 9: The Emperor had ordered this proclamation

to be burned; but I found it so excellent, that I

thought it my duty to preserve it. At the moment when

Napoleon set out for the army, I was not in Paris; and

one of the principal clerks of the cabinet, M. Rathery,

having found it among my papers, had the courage to

throw it into the fire.]

It was at the _Champ de Mai_, that the electors of all the departments

were to assemble, and proceed to the collection of votes for its

rejection or adoption.

The idea of renewing the ancient assemblies of the nation, as it was

first formed by the Emperor, was no doubt a grand and generous

conception, and singularly calculated to restore to patriotism its

energy and lustre; but at the same time, it must be confessed, it bore

the stamp of imprudent daring, and might have given Napoleon an

irreparable stroke. Was it not to be feared, that, in the equivocal

situation in which he was placed, the electors, having every thing to

dread from the Bourbons and foreign powers, would not accept so

hazardous a mission, and leave the assembly unattended?

Was it not also probable, that no one would covet the dangerous honour

of making part of the new national representation, the first act of

which must necessarily be, to proscribe for ever the dynasty of the

Bourbons, and acknowledge Napoleon, in spite of the foreign powers,

the sole and legitimate sovereign of France?

However, so true it is, that with Napoleon events always belied the

most sagacious conjectures, the electors hastened in crowds to Paris;

and men most respectable for wealth and character entered the lists to

be chosen deputies, soliciting votes with as much ardour, as if

France had been tranquil and happy[10].

[Footnote 10: I speak generally: I know there were

departments, the electoral colleges of which, from

various causes, were composed only of a small number of

individuals.]

And why was it so? Because, in the eyes of the electors and of the

deputies, the object at stake was not the fate of a particular man,

but of their country. It was because the critical situation of France,

instead of intimidating the partisans of the revolution, awakened in

their hearts the most courageous sentiments of patriotism.

They, whom I here call the partisans of the revolution, were not, as

certain persons endeavour to persuade the world, those sanguinary

beings, who were branded with the title of Jacobins, but that immense

body of Frenchmen, who, since the year 1789, have concurred more or

less in the destruction of the feudal system, with its privileges and

abuses; of those Frenchmen, in fine, who are no strangers to the value

of liberty, and the dignity of man.

But was the assembly of the _Champ de Mai_ to be deprived of its chief

ornament, the Empress and her son? The Emperor was not ignorant, that

this princess was carefully watched; and that she had been surprised

and threatened into an oath, to communicate all the letters she might

receive. He knew, also, that she was surrounded by improper persons:

but he thought, that he owed it to himself, and to his affection for

the Empress, to exhaust every means of putting an end to her

captivity. At first he attempted by several letters, full of feeling

and dignity, to move the justice and sensibility of the Emperor of

Austria. Entreaties and reclamations proving ineffectual, he resolved,

to despatch an officer of the crown to Vienna, to negotiate, or demand

publicly, in the name of nature and the law of nations, the

deliverance of the Empress and her son. This mission was entrusted to

the Count de Flahaut, one of his aides-de-camp. No person was more

capable of fulfilling it worthily than this officer. He was a true

Frenchman, spirited, amiable, and brave. He shone equally in the field

of battle, in a diplomatic conference, and in the drawing-room

pleasing every where by the agreeableness and firmness of his

character.

M. de Flahaut set out, but could not advance beyond Stutgard. This

disgrace converted into painful regret the joy, to which the hope of

seeing again the young prince and his august mother had already given

birth.

The people who resided near the road they would pass had already made

preparations for testifying their love and their respect.

The return of Napoleon had been celebrated by enthusiastic shouts,

that resembled the intoxication of victory: that of the Empress would

have inspired only tender emotions. Acclamations tempered by tears of

joy, the roads strewed with flowers, the village maidens adorned in

their best attire and happy looks, would have given this sight the

appearance of a family festival; and Marie Louise would have seemed,

not the daughter of the Cæsars returning to her territories, but a

beloved mother, who, after a long and painful absence, is at length

restored to the wishes of her children.

Her son, over whose head such high destinies were then depending,

would have excited transports not less vivid, or less affecting. Torn

from a throne, and from his country, while yet in his cradle, he had

not ceased to turn his eyes and his remembrances toward the land that

had given him birth: a number of bold and ingenious expressions had

disclosed his regrets and his hopes; and these expressions, repeated

and learned by heart, had rendered this august infant the object of

the dearest thoughts and affections.

With strange inconsistency, the French had deplored the imperious

temper and warlike disposition of Napoleon; yet they loved the son,

precisely because he gave promise of possessing the genius and

audacity of his father; and because they hoped, that he would at some

future day restore to France "the lustre of victories, and the

language of a master[11]."

[Footnote 11: The following anecdote of the young

Napoleon I have never seen published. When he came into

the world, he was believed to be dead; he was without

warmth, without motion, without respiration. M. Dubois

(the accoucheur of the Empress) had made reiterated

attempts, to recall him to life, when a hundred guns

were discharged in succession, to celebrate his birth.

The concussion and agitation produced by this firing

acted so powerfully on the organs of the royal infant,

that his senses were reanimated.]

The Emperor was deeply afflicted at the arbitrary detention of his

wife and her son. He felt all the importance of it. Offers had been

made him several times, to carry them off: I myself was employed, by a

very great personage, to make him an offer of this nature. But he

obstinately persisted in listening to no proposal of the kind. Perhaps

his affection, or his pride, forbade him, to expose to the hazards of

such an enterprise persons so dear to him, and whom he felt assured of

obtaining in a manner more worthy of him by victory, or by a peace.

Perhaps he was apprehensive of endangering their fate, should he

succumb in the struggle, that was about to take place between him and

Europe; for unhappily this struggle, that had so long remained a

matter of doubt, had now ceased to be questionable even to himself.

The indirect overtures made to foreign cabinets, and those renewed in

every form by the Emperor, and by the Duke of Vicenza, had completely

miscarried.

The efforts made in favour of France in the British parliament, by the

generous defenders of the independence and rights of nations, had

remained without success.

M. de St. L.... and M. de Mont...., who were returned from Vienna, had

announced, that the allies would never depart from the principles

manifested in their declaration and treaty of the 13th and 25th of

March.

M. de Talleyrand, on whom Napoleon had depended, convinced of the

triumph of the Bourbons, had refused to betray or abandon them.

M. de Stassard had been stopped at Lintz, and obliged to return. His

despatches, which were seized and sent to the Emperor of Austria, had

been shown to the foreign monarchs; and these monarchs had unanimously

decreed, that they should not be taken into consideration, and that

they adhered anew, and more formally than ever, to their declaration.

The Princess Hortense had received from the Emperor of Russia this

laconic answer: "No peace, no truce, with that man: any thing except

him[12]."

[Footnote 12: The Emperor Alexander, at the time of the

affair of Fontainebleau, had guarantied to the Duke of

Vicenza, for Napoleon, the possession of the island of

Elba. M. de Talleyrand and the foreign ministers

remonstrated to him strongly, on the danger of leaving

the Emperor on a spot so near to France and Italy; and

conjured him, not to oppose their compelling him to

choose another place of retreat. Alexander, faithful to

his engagements, would not consent to this. When the

Emperor returned, Alexander made it a point of honour,

to repair the noble fault he had committed; and became,

rather from duty than from animosity, the most

inveterate enemy of Napoleon and of France.]

The agents maintained by the Emperor in foreign countries informed

him, that the troops of all the powers were in arms; and that the

arrival of the Russians alone was waited for, to commence the

campaign[13].

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