Louis de Bourrienne
Memoirs of Napoleon Bonaparte — Complete
If, however, by the Treaty of Tilsit, the throne of Poland was not restored to serve as a barrier between old Europe and the Empire of the Czars, Napoleon founded a Kingdom of Westphalia, which he gave to the young 'ensigne de vaisseau' whom he had scolded as a schoolboy, and whom he now made a King, that he might have another crowned prefect under his control. The Kingdom of Westphalia was composed of the States of Hesse-Cassel, of a part of the provinces taken from Prussia by the moderation of the Emperor, and of the States of Paderborn, Fulda, Brunswick, and a part of the Electorate of Hanover. Napoleon, at the same time, though he did not like to do things by halves, to avoid touching the Russian and Austrian provinces of old Poland, planted on the banks of the Vistula the Grand Duchy of Warsaw, which he gave to the King of Saxony, with the intention of increasing or destroying it afterwards as he might find convenient. Thus he allowed the Poles to hope better things for the future, and ensured to himself partisans in the north should the chances of fortune call him thither. Alexander, who was cajoled even more than his father had been by what I may call the political coquetry of Napoleon, consented to all these arrangements, acknowledged 'in globo' all the kings crowned by the Emperor, and accepted some provinces which had belonged to his despoiled ally, the King of Prussia, doubtless by way of consolation for not having been able to get more restored to Prussia. The two Emperors parted the best friends in the world; but the Continental system was still in existence.
CHAPTER XII
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 he 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 Lübeck 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 Lübeck. 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, Cambacérès, 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 a 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.
