1807.
Effect produced at Altona by the Treaty of Tilsit--The Duke of
Mecklenburg-Schwerin's departure from Hamburg--English squadron in
the Sound--Bombardment of Copenhagen--Perfidy of England--Remark of
Bonaparte to M. Lemercier--Prussia erased from the map--Napoleon's
return to Paris--Suppression of the Tribunate--Confiscation of
English merchandise--Nine millions gained to France--M. Caulaincourt
Ambassador to Russia--Repugnance of England to the intervention of
Russia--Affairs of Portugal--Junot appointed to command the army--
The Prince Regent's departure for the Brazils--The Code Napoleon--
Introduction of the French laws into Germany--Leniency of Hamburg
Juries--The stolen cloak and the Syndic Doormann.
The Treaty of Tilsit, as soon as it was known at Altona, spread
consternation amongst the emigrants. As to the German Princes, who were
awaiting the issue of events either at Altolna or Hamburg, when they
learned that a definitive treaty of peace had been signed between France
and Russia, and that two days after the Treaty of Tilsit the Prussian
monarchy was placed at the mercy of Napoleon, every courier that arrived
threw them into indescribable agitation. It depended on the Emperor's
will whether they were to be or not to be. The Duke of Mecklenburg-
Schwerin had not succeeded in getting himself re-established in his
states, by an exceptional decision, like the Duke of Weimar; but at
length he obtained the restitution of his territory at the request of the
Emperor Alexander, and on the 28th of July he quitted Hamburg to return
to his Duchy.
The Danish charge d'affaires communicated to me about the same time an
official report from his Government. This report announced that on
Monday, the 3d of August, a squadron consisting of twelve ships of the
line and twelve frigates, commanded by Admiral Gambier, had passed the
Sound. The rest of the squadron was seen in the Categat. At the same
time the English troops which were in the island of Rugen had reembarked.
We could not then conceive what enterprise this considerable force had
been sent upon. But our uncertainty was soon at an end. M. Didelot, the
French Ambassador at Copenhagen, arrived at Hamburg, at nine o'clock in
the evening of the 12th of August. He had been fortunate enough to pass
through the Great Belt, though in sight of the English, without being
stopped. I forwarded his report to Paris by an extraordinary courier.
The English had sent 20,000 men and twenty-seven vessels into the Baltic;
Lord Cathcart commanded the troops. The coast of Zealand was blockaded
by ninety vessels. Mr. Jackson, who had been sent by England to
negotiate with Denmark, which she feared would be invaded by the French
troops, supported the propositions he was charged to offer to Denmark by
a reference to this powerful British force. Mr. Jackson's proposals had
for their object nothing less than to induce the King of Denmark to place
in the custody of England the whole of his ships and naval stores. They
were, it is true, to be kept in deposit, but the condition contained the
words, "until the conclusion of a general peace," which rendered the
period of their restoration uncertain. They were to be detained until
such precautions should be no longer necessary. A menace and its
execution followed close upon this demand. After a noble but useless
resistance, and a terrific bombardment, Copenhagen surrendered, and the
Danish fleet was destroyed. It would be difficult to find in history a
more infamous and revolting instance of the abuse of power against
weakness.
Sometime after this event a pamphlet entitled "Germania" appeared, which
I translated and sent to the Emperor. It was eloquently written, and
expressed the indignation which the conduct of England had excited in the
author as in every one else.
--["That expedition," said Napoleon at St. Helena, "showed great
energy on the part of your Ministers: but setting aside the
violation of the laws of, nations which you committed--for in fact
it was nothing but a robbery--I think that it was; injurious to your
interests, as it made the Danish nation irreconcilable enemies to
you, and in fact shut you out of the north for three years. When I
heard of it I said, I am glad of it, as it will embroil England
irrecoverably with the Northern Powers. The Danes being able to
join me with sixteen sail of the line was of but little consequence.
I had plenty of ships, and only wanted seamen, whom you did not
take, and whom I obtained afterwards, while by the expedition your
Ministers established their characters as faithless, and as persons
with whom no engagements, no laws were binding." (Voice from St.
Helena.)]--
I have stated what were the principal consequences of the Treaty of
Tilsit; it is more than probable that if the bombardment of Copenhagen
had preceded the treaty the Emperor would have used Prussia even worse
than he did. He might have erased her from the list of nations; but he
did not do so, out of regard to the Emperor Alexander. The destruction
of Prussia was no new project with Bonaparte. I remember an observation
of his to M. Lemercier upon that subject when we first went to reside at
Malmaison. M. Lemercier had been reading to the First Consul some poem
in which Frederick the Great was spoken of. "You seem to admire him
greatly," said Bonaparte to M. Lemercier; "what do you find in him so
astonishing? He is not equal to Turenne."--"General," replied M.
Lemercier, "it is not merely the warrior that I esteem in Frederick; it
is impossible to refrain from admiring a man who was a philosopher even
on the throne." To this the First Consul replied, in a half ill-humoured
tone, "Certainly, Lemercier; but Frederick's philosophy shall not prevent
me from erasing his kingdom from the map of Europe." The kingdom of
Frederick the Great was not, however, obliterated from the map, because
the Emperor of Russia would not basely abandon a faithful ally who had
incurred with him the chances of fortune. Prussia then bitterly had to
lament the tergiversations which had prevented her from declaring herself
against France during the campaign of Austerlitz.
Napoleon returned to Paris about the end of July after an absence of ten
months, the longest he had yet made since he had been at the head of the
French Government, whether as Consul or Emperor. The interview at
Tilsit, the Emperor Alexander's friendship, which was spoken of
everywhere in terms of exaggeration, and the peace established on the
Continent, conferred on Napoleon a moral influence in public opinion
which he had not possessed since his coronation. Constant in his hatred
of deliberative assemblies, which he had often termed collections of
babblers, ideologists, and phrasemongers, Napoleon, on his return to
Paris, suppressed the Tribunate, which had been an annoyance to him ever
since the first day of his elevation. The Emperor, who was 'skillful
above all men in speculating on the favourable disposition of opinion,
availed himself at this conjuncture of the enthusiasm produced by his
interview on the Niemen. He therefore discarded from the fundamental
institutions of the government that which still retained the shadow of a
popular character. But it was necessary that he should possess a Senate
merely to vote men; a mute Legislative Body to vote money; that there
should be no opposition in the one and no criticism in the other; no
control over him of any description; the power of arbitrarily doing
whatever he pleased; an enslaved press;--this was what Napoleon wished,
and this be obtained. But the month of March 1814 resolved the question
of absolute power!
In the midst of these great affairs, and while Napoleon was dreaming of
universal monarchy, I beheld in a less extensive sphere the inevitable
consequences of the ambition of a single man. Pillage and robbery were
carried on in all parts over which my diplomatic jurisdiction extended.
Rapine seemed to be legally authorised, and was perpetrated with such
fury, and at the same time with such ignorance, that the agents were
frequently unacquainted with the value of the articles which they seized.
Thus, for example, the Emperor ordered the seizure at Hamburg, Bremen,
and Lubeck of all English merchandise, whatever might be its nature or
origin. The Prince of Neufchatel (Berthier) wrote to me from the Emperor
that I must procure 10,000,000 francs from the Hanse Towns. M. Daru, the
Intendant-General, whose business it was to collect this sort of levy,
which Napoleon had learned to make in Egypt, wrote to urge me to obtain a
prompt and favourable decision. The unfortunate towns which I was thus
enjoined to oppress had already suffered sufficiently. I had obtained,
by means of negotiation, more than was demanded for the ransom of the
English merchandise, which had been seized according to order. Before I
received the letters of M. Darn and the Prince of Neufchatel I had
obtained from Hamburg 16,000,000 instead of 10,000,000, besides nearly
3,000,000 from Bremen and Lubeck. Thus I furnished the Government with
9,000,000 more than had been required, and yet I had so managed that
those enormous sacrifices were not overoppressive to those who made them.
I fixed the value of the English merchandise because I knew that the high
price at which it sold on the Continent would not only cover the proposed
ransom but also leave a considerable profit. Such was the singular
effect of the Continental system that when merchandise was confiscated,
and when afterwards the permission to sell it freely was given, the price
fetched at the sale was so large that the loss was covered, and even
great advantage gained.
Peace being concluded with Russia it was necessary to make choice of an
Ambassador, not only to maintain the new relations of amity between
Napoleon and Alexander, but likewise to urge on the promised intervention
of Russia with England,--to bring about reconciliation and peace between
the Cabinets of Paris and London. The Emperor confided this mission to
Caulaincourt, with respect to whom there existed an unfounded prejudice
relating to some circumstances which preceded the death of the Duc
d'Enghien. This unfortunate and unjust impression had preceded
Caulaincourt to St. Petersburg, and it was feared that he would not
experience the reception due to the French Ambassador and to his own
personal qualities. I knew at the time, from positive information, that
after a short explanation with Alexander that monarch retained no
suspicion unfavourable to our Ambassador, for whom he conceived and
maintained great esteem and friendship.
Caulaincourt's mission was not, in all respects, easy of fulfilment, for
the invincible repugnance and reiterated refusal of England to enter into
negotiations with France through the medium of Russia was one of the
remarkable circumstances of the period of which I am speaking. I knew
positively that England was determined never to allow Napoleon to possess
himself of the whole of the Continent,--a project which he indicated too
undisguisedly to admit of any doubt respecting it. For two years he had
indeed advanced with rapid strides; but England was not discouraged. She
was too well aware of the irritation of the sovereigns and the discontent
of the people not be certain that when she desired it, her lever of gold
would again raise up and arm the Continent against the encroaching power
of Napoleon. He, on his part, perceiving that all his attempts were
fruitless, and that England would listen to no proposals, devised fresh
plans for raising up new enemies against England.
It probably is not forgotten that in 1801 France compelled Portugal to
make common cause with her against England. In 1807 the Emperor did
again what the First Consul had done. By an inexplicable fatality Junot
obtained the command of the troops which were marching against Portugal.
I say against Portugal, for that was the fact, though France represented
herself as a protector to deliver Portugal from the influence of England.
Be that as it may, the choice which the Emperor made of a commander
astonished everybody. Was Junot, a compound of vanity and mediocrity,
the fit man to be entrusted with the command of an army in a distant
country, and under circumstances in which great political and military
talents were requisite? For my own part, knowing Junot's incapacity, I
must acknowledge that his appointment astonished me. I remember one day,
when I was speaking on the subject to Bernadotte, he showed me a letter
he had received from Paris, in which it was said that the Emperor had
sent Junot to Portugal only for the sake of depriving him of the
government of Paris. Junot annoyed Napoleon by his bad conduct, his
folly, and his incredible extravagance. He was alike devoid of dignity-
either in feeling or conduct. Thus Portugal was twice the place of exile
selected by Consular and Imperial caprice: first, when the First Consul
wished to get rid of the familiarity of Lannes; and next, when the
Emperor grew weary of the misconduct of a favourite.
The invasion of Portugal presented no difficulty. It was an armed
promenade and not a war; but how many events were connected with the
occupation of that country! The Prince Regent of Portugal, unwilling to
act dishonourably to England, to which he was allied by treaties; and
unable to oppose the whole power of Napoleon, embarked for Brazil,
declaring that all defence was useless. At the same time he recommended
his subjects to receive the French troops in a friendly manner, and said
that he consigned to Providence the consequences of an invasion which was
without a motive. He was answered in the Emperor's name that, Portugal
being the ally of England, we were only carrying on hostilities against,
the latter country by invading his dominions.
It was in the month of November that the code of French jurisprudence,
upon which the most learned legislators had indefatigably laboured, was
established as the law of the State, under the title of the Code
Napoleon. Doubtless this legislative monument will redound to Napoleon's
honour in history; but was it to be supposed that the same laws would be
equally applicable throughout so vast an extent as that comprised within
the French Empire? Impossible as this was, as soon as the Code Napoleon
way promulgated I received orders to establish it in the Hanse Towns.
--[This great code of Civil Law was drawn up under Napoleon's orders
and personal superintendence. Much had been prepared under the
Convention, and the chief merits of it were due to the labours of
such men as Tronchet; Partatis, Bigot de Preameneu, Maleville,
Cambaceres, etc. But it was debated under and by Napoleon, who took
a lively interest in it. It was first called the "Code Civil," but
is 1807 was named "Code Napoleon," or eventually "Les Cinq Codes de
Napoleon." When completed in 1810 it included five Codes--the Code
Civil, decreed March 1803; Code de Procedure Civile, decreed April
1806; Code de Commerce, decreed September 1807; Code d'Instruction
Criminelle, decreed November 1808; and the Code Penal, decreed
February 1810. It had to be retained by the Bourbons, and its
principles have worked and are slowly working their way into the law
of every nation. Napoleon was justly proud of this work. The
Introduction of the Code into the conquered countries was, as
Bourrienne says, made too quickly. Puymaigre, who was employed in
the administration of Hamburg after Bourrienne left, says, "I shall
always remember the astonishment of the Hamburgers when they were
invaded by this cloud of French officials, who, under every form,
made researches is their houses, and who came to apply the
multiplied demands of the fiscal system. Like Proteus, the
administration could take any shape. To only speak of my
department, which certainly was not the least odious one, for it was
opposed to the habits of the Hamburgers and annoyed all the
industries, no idea can be formed of the despair of the inhabitants,
subjected to perpetual visits, and exposed to be charged with
contraventions of the law, of which they knew nothing.
"Remembering their former laws, they used to offer to meet a charge
of fraud by the proof of their oath, and could not imagine that such
a guarantee could be repulsed. When they were independent they paid
almost nothing, and such was the national spirit, that in urgent
cases when money was wanted the senate taxed every citizen s certain
proportion of his income, the tenth or twentieth. A donator
presided over the recovery of this tax, which was done in a very
strange manner. A box, covered with a carpet, received the offering
of every citizen, without any person verifying the sum, and only on
the simple moral guarantee of the honesty of the debtor, who himself
judged the sum he ought to pay. When the receipt was finished the
senate always obtained more than it had calculated on." (Puymaigre,
pp, 181.)]--
The long and frequent conversations I had on this subject with the
Senators and the most able lawyers of the country soon convinced me of
the immense difficulty I should have to encounter, and the danger of
suddenly altering habits and customs which had been firmly established by
time.
The jury system gave tolerable satisfaction; but the severe punishments
assigned to certain offences by the Code were disapproved of. Hence
resulted the frequent and serious abuse of men being acquitted whose
guilt was evident to the jury, who pronounced them not guilty rather than
condemn them to a punishment which was thought too severe. Besides,
their leniency had another ground, which was, that the people being
ignorant of the new law were not aware of the penalties attached to
particular offences. I remember that a man who was accused of stealing a
cloak at Hamburg justified himself on the ground that he committed the
offence in a fit of intoxication. M. Von Einingen, one of the jury,
insisted that the prisoner was not guilty, because, as he said, the
Syndic Doormann, when dining with him one day, having drunk more wine
than usual, took away his cloak. This defence per Baccho was completely
successful. An argument founded on the similarity between the conduct of
the Syndic and the accused, could not but triumph, otherwise the little
debauch of the former would have been condemned in the person of the
latter. This trial, which terminated so whimsically, nevertheless proves
that the best and the gravest institutions may become objects of ridicule
when suddenly introduced into a country whose habits are not prepared to
receive them.
The Romans very wisely reserved in the Capitol a place for the gods of
the nations they conquered. They wished to annex provinces and kingdoms
to their empire. Napoleon, on the contrary, wished to make his empire
encroach upon other states, and to realise the impossible Utopia of ten
different nations, all having different customs and languages, united
into a single State. Could justice, that safeguard of human rights, be
duly administered in the Hanse Towns when those towns were converted into
French departments? In these new departments many judges had been
appointed who did not understand a word of German, and who had no
knowledge of law. The presidents of the tribunals of Lilbeck, Stade,
Bremerlehe, and Minden were so utterly ignorant of the German language
that it was necessary to explain to them all the pleadings in the
council-chamber. Was it not absurd to establish such a judicial system,
and above all, to appoint such men in a country so important to France as
Hamburg and the Hanse Towns? Add to this the impertinence of some
favourites who were sent from Paris to serve official and legal
apprenticeships in the conquered provinces, and it may be easily
conceived what was the attachment of the people to Napoleon the Great.