Вальтер Скотт
Life of Napoleon Bonaparte. Volume III
Alexander's ultimate purpose was given to the world, so soon as Britain had declined the offered mediation of Russia in her disputes with France. In a proclamation, or manifesto, sent forth by the Emperor, he expressed his repentance for having entered into agreements with England, which he had found prejudicial to the Russian trade; he complained (with justice) of the manner in which Britain had conducted the war by petty expeditions, conducive only to her own selfish ends; and the attack upon Denmark was treated as a violation of the rights of nations. He therefore annulled every convention entered into between Russia and Britain, and especially that of 1801; and he avowed the principles of the Armed Neutrality, which he termed a monument of the wisdom of the Great Catherine.306 In November 1807, an ukase, or imperial decree, was issued, imposing an embargo on British vessels and property. But, by the favour of the Russian nation, and even of the officers employed by Government, the shipmasters were made aware of the impending arrest; and not less than eighty vessels, setting sail with a favourable wind, reached Britain with their cargoes in safety.
Austria and Prussia found themselves under the necessity of following the example of Russia, and declaring war against British commerce; so that Buonaparte had now made an immense stride towards his principal object, of destroying every species of intercourse which could unite England with the continent.
CHAPTER XXXVIII
View of the Internal Government of Napoleon at the period of the Peace of Tilsit – The Tribunate abolished – Council of State – Prefectures – Their nature and objects described – The Code Napoleon – Its Provisions – Its merits and Defects – Comparison betwixt that Code and the Jurisprudence of England – Laudable efforts of Napoleon to carry it into effect.
INTERNAL GOVERNMENT.
At this period of Buonaparte's elevation, when his power seemed best established, and most permanent, it seems proper to take a hasty view, not indeed of the details of his internal government, which is a subject that would exhaust volumes; but at least of its general character, of the means by which his empire was maintained, and the nature of the relations which it established betwixt the sovereign and his subjects.
The ruling, almost the sole principle on which the government of Buonaparte rested, was the simple proposition upon which despotism of every kind has founded itself in every species of society; namely, that the individual who is to exercise the authority and power of the state, shall, on the one hand, dedicate himself and his talents exclusively to the public service of the empire, while, on the other, the nation subjected to his rule shall requite this self-devotion on his part by the most implicit obedience to his will. Some despots have rested this claim to universal submission upon family descent, and upon their right, according to Filmer's doctrine, of representing the original father of the tribe, and becoming the legitimate inheritors of a patriarchal power. Others have strained scripture and abused common sense, to establish in their own favour a right through the especial decree of Providence. To the hereditary title Buonaparte could of course assert no claim; but he founded not a little on the second principle, often holding himself out to others, and no doubt occasionally considering himself, in his own mind, as an individual destined by Heaven to the high station which he held, and one who could not therefore be opposed in his career, without an express struggle being maintained against Destiny, who, leading him by the hand, and at the same time protecting him with her shield, had guided him by paths as strange as perilous, to the post of eminence which he now occupied. No one had been his tutor in the lessons which led the way to his preferment – no one had been his guide in the dangerous ascent to power – scarce any one had been of so much consequence to his promotion, as to claim even the merit of an ally, however humble. It seemed as if Napoleon had been wafted on to this stupendous pitch of grandeur by a power more effectual than that of any human assistance, nay, which surpassed what could have been expected from his own great talents, unassisted by the especial interposition of Destiny in his favour. Yet it was not to this principle alone that the general acquiescence in the unlimited power which he asserted is to be imputed. Buonaparte understood the character of the French nation so well, that he could offer them an acceptable indemnification for servitude; first, in the height to which he proposed to raise their national pre-eminence; secondly, in the municipal establishments, by means of which he administered their government, and which, though miserably defective in all which would have been demanded by a nation accustomed to the administration of equal and just laws, afforded a protection to life and property that was naturally most welcome to those who had been so long, under the republican system, made the victims of cruelty, rapacity, and the most extravagant and unlimited tyranny, rendered yet more odious as exercised under the pretext of liberty.
To the first of these arts of government we have often adverted; and it must be always recalled to mind whenever the sources of Buonaparte's power over the public mind in France come to be treated of. He himself gave the solution in a few words, when censuring the imbecility of the Directors, to whose power he succeeded. "These men," he said, "know not how to work upon the imagination of the French nation." This idea, which, in phraseology, is rather Italian than French, expresses the chief secret of Napoleon's authority. He held himself out as the individual upon whom the fate of France depended – of whose hundred decisive victories France enjoyed the glory. It was he whose sword, hewing down obstacles which her bravest monarchs had accounted insurmountable, had cut the way to her now undeniable supremacy over Europe. He alone could justly claim to be Absolute Monarch of France, who, raising that nation from a perilous condition, had healed her discords, reconciled her factions, turned her defeats into victory, and, from a disunited people, about to become the prey to civil and external war, had elevated her to the situation of Queen of Europe. This had been all accomplished upon one condition; and, as we have stated elsewhere, it was that which the Tempter offered in the wilderness, after his ostentatious display of the kingdoms of the earth – "All these will I give thee, if thou wilt fall down and worship me."
Napoleon had completed the boastful promise, and it flattered a people more desirous of glory than of liberty; and so much more pleased with hearing of national conquests in foreign countries, than of enjoying the freedom of their own individual thoughts and actions, that they unreluctantly surrendered the latter in order that their vanity might be flattered by the former.
Thus did Napoleon avail himself of, or, to translate his phrase more literally, play upon the imagination of the French people. He gave them public festivals, victories, and extended dominion; and in return, claimed the right of carrying their children in successive swarms to yet more distant and yet more extended conquests, and of governing, according to his own pleasure, the bulk of the nation which remained behind.
To attain this purpose, one species of idolatry was gradually and ingeniously substituted for another, and the object of the public devotion was changed, while the worship was continued. France had been formerly governed by political maxims – she was now ruled by the name of an individual. Formerly the Republic was every thing – Fayette, Dumouriez, or Pichegru, were nothing. Now, the name of a successful general was of more influence than the whole code of the Rights of Man. France had submitted to murder, spoliation, revolutionary tribunals, and every species of cruelty and oppression, while they were gilded by the then talismanic expressions – "Liberty and Equality – Fraternization – the public welfare, and the happiness of the people." She was now found equally compliant, when the watchword was, "The honour of his Imperial and Royal Majesty – the interests of the Great Empire – the splendours of the Imperial Throne." It must be owned, that the sacrifices under the last form were less enormous; they were limited to taxes at the Imperial pleasure, and a perpetual anticipation of the conscription. The Republican tyrants claimed both life and property, the Emperor was satisfied with a tithe of the latter, and the unlimited disposal of that portion of the family who could best support the burden of arms, for augmenting the conquests of France. Such were the terms on which this long-distracted country attained once more, after its Revolution, the advantage of a steady and effective government.
The character of that government, its means and principles of action, must now be briefly traced.
It cannot be forgotten that Buonaparte, the heir of the Revolution, appropriated to himself the forms and modifications of the Directorial government, altered, in some degree, by the ingenuity of Siêyes; but they subsisted as forms only, and were carefully divested of all effectual impulse on the government. The Senate and Legislative Bodies became merely passive and pensioned creatures of the Emperor's will, whom he used as a medium for promulgating the laws which he was determined to establish. The Tribunate had been instituted for the protection of the people against all acts of arbitrary power, whether by imprisonment, exile, assaults on the liberty of the press, or otherwise; but after having gradually undermined the rights and authority of this body, after having rendered its meetings partial and secret, and having deprived it of its boldest members, Buonaparte suppressed it entirely, on account, as he alleged, of the expense which it occasioned to the government. It had, indeed, become totally useless;307 but this was because its character had been altered, and because, originating from the Senate, and not from popular election, the Tribunate never consisted of that class of persons, who are willing to encounter the frown of power when called upon to impeach its aggressions. Yet, as the very name of this body, while it subsisted, recalled some ideas of Republican freedom, the Emperor thought fit altogether to abolish it.
THE COUNCIL OF STATE.
The deliberative Council of the Emperor existed in his own personal Council of State, of whose consultations, in which he himself presided, he made frequent use during the course of his reign. Its functions were of an anomalous character, comprehending political legislation, or judicial business, according to the order of the day. It was, in short, Buonaparte's resource, when he wanted the advice, or opinion, or information, of others in aid of his own; and he often took the assistance of the Council of State, in order to form those resolutions which he afterwards executed by means of his ministers. Monsieur de Las Cases, himself a member of it, has dwelt with complaisance upon the freedom which Buonaparte permitted to their debates, and the good-humour with which he submitted to contradiction, even when expressed with obstinacy or vivacity;308 and would have us consider the Council as an important barrier afforded to the citizens against the arbitrary will of the Sovereign. What he has said, however, only amounts to this, – that Buonaparte, desirous to have the advice of his counsellors, tolerated their freedom of speech, and even of remonstrance. Mahmoud, or Amurath, seated in their divan, must have done the same, and yet would not have remained the less absolutely masters of the lives of those who stood around them. We have no doubt that Buonaparte, on certain occasions, permitted his counsellors to take considerable freedoms, and that he sometimes yielded up his opinion to theirs without being convinced; in such cases, at least, where his own passions or interest were no way concerned.309 But we further read of the Emperor's using, to extremely stubborn persons, such language as plainly intimated, that he would not suffer contradiction beyond a certain point, "You are very obstinate," he said to such a disputant; "what if I were to be as much so as you? You are wrong to push the powerful to extremity – you should consider the weakness of humanity." To another he said, after a scene of argumentative violence, "Pray, pay some attention to accommodate yourself a little more to my humour. Yesterday, you carried it so far as to oblige me to scratch my temple. That is a great sign with me – take care in future not to drive me to such an extremity."310
Such limits to the freedom of debate in the Imperial Council of State, correspond with those laid down in the festive entertainments of Sans Souci, where the Great Frederick professed to support and encourage every species of familiar raillery, but, when it attained a point that was too personal, used to hint to the facetious guests, that he heard the King's step in the gallery. There were occasions, accordingly, when, not satisfied with calling their attention to the distant murmurs of the Imperial thunder, Napoleon launched its bolts in the midst of his trembling counsellors. Such a scene was that of Portalis. This statesman, a man of talent and virtue, had been eminently useful, as we have seen, in bringing about the Concordat, and had been created, in recompense, minister of religious affairs, and counsellor of state. In the subsequent disputes betwixt the Pope and Buonaparte, a relation of the minister had been accused of circulating the bulls, or spiritual admonitions of the Pope; and Portalis had failed to intimate the circumstance to the Emperor. On this account, Napoleon, in full council, attacked him in the severest terms, as guilty of having broken his oath as a counsellor and minister of state, deprived him of both offices, and expelled him from the assembly, as one who had betrayed his sovereign.311 If any of the members of the Council of State had ventured, when this sentence rung in their ears, to come betwixt the dragon and his wrath, for the purpose of stating that a hasty charge ought not instantly to be followed with immediate censure and punishment; that it was possible M. Portalis might have been misled by false information, or by a natural desire to screen the offence of his cousin; or, finally, that his conduct might have been influenced by views of religion which, if erroneous, were yet sincere and conscientious – we should then have believed, that the Council of State of Buonaparte formed a body, in which the accused citizen might receive some protection against the despotism of the government. But when, or in what country, could the freedom of the nation be intrusted to the keeping of the immediate counsellors of the throne? It can only be safely lodged in some body, the authority of which emanates directly from the nation, and whom the nation therefore will protect and support, in the existence of their right of opposition or remonstrance.
The deliberations of the Council of State, or such resolutions as Buonaparte chose to adopt without communication with them, (for it may be easily supposed that they were not admitted to share his more secret political discussions,) were, as in other countries, adjusted with and executed by the ostensible ministers.
PREFECTURES.
But, that part of the organisation of the Imperial government, upon which Buonaparte most piqued himself, was the establishment of the Prefectures, which certainly gave facilities for the most effectual agency of despotism that was ever exercised. There is no mistaking the object and tendency of this arrangement, since Buonaparte himself, and his most bitter opponents, hold up the same picture, one to the admiration, the other to the censure, of the world. These prefects, it must be understood, were each the supreme governor of a department, answering to the old lieutenants and governors of counties, and representing the Imperial person within the limits of the several prefectures. The individuals were carefully selected, as persons whose attachment was either to be secured or rewarded. They received large and, in some cases, exorbitant salaries, some amounting to fifteen, twenty, and even thirty thousand francs. This heavy expense Napoleon stated to be the consequence of the depraved state of moral feeling in France, which made it necessary to attach men by their interests rather than their duties; but it was termed by his enemies one of the leading principles of his government, which treated the public good as a chimera, and erected private and personal interest into the paramount motive upon which alone the state was to be served by efficient functionaries. The prefects were chosen in the general case, as men whose birth and condition were totally unconnected with that of the department in which each was to preside; les dépayser, to place them in a country to which they were strangers, being an especial point of Napoleon's policy. They were entirely dependent on the will of the Emperor, who removed or cashiered them at pleasure. The administration of the departments was intrusted to these important officers.
"With the authority and local resources placed at their disposal," said Buonaparte, "the prefects were themselves emperors on a limited scale; and as they had no force excepting through the impulse which they received from the throne, as they owed their whole power to their immediate commission, and as they had no authority of a personal character, they were of as much use to the crown as the former high agents of government, without any of the inconveniences which attached to their predecessors."312 It was by means of the prefects that an impulse, given from the centre of the government, was communicated without delay to the extremities of the kingdom, and that the influence of the crown, and the execution of its commands, were transmitted, as if by magic, through a population of forty millions. It appears that Napoleon, while describing with self-complacency this terrible engine of unlimited power, felt that it might not be entirely in unison with the opinions of those favourers of liberal institutions, whose sympathy at the close of life he thought worthy of soliciting. "My creating that power," he said, "was on my part a case of necessity. I was a dictator, called to that office by force of circumstances. There was a necessity that the filaments of the government which extended over the state, should be in complete harmony with the key-note which was to influence them. The organisation which I had extended over the empire, required to be maintained at a high degree of tension, and to possess a prodigious force of elasticity, to enable it to resist the terrible blows directed against it without cessation."313 His defence amounts to this – "The men of my time were extravagantly fond of power, exuberantly attached to place and wealth. I therefore bribed them to become my agents by force of places and pensions. But I was educating the succeeding race to be influenced by better motives. My son would have been surrounded by youths sensible to the influence of justice, honour, and virtue; and those who were called to execute public duty, would have considered their doing so as its own reward."
The freedom of France was therefore postponed till the return of a Golden Age, when personal aggrandisement and personal wealth should cease to have any influence upon regenerated humanity. In the meanwhile, she had the dictatorship and the prefects.
The impulse, as Napoleon terms it, by which the crown put in action these subordinate agents in the departments, was usually given by means of a circular letter or proclamation, communicating the particular measure which government desired to be enforced. This was subscribed by the minister to whose department the affair belonged, and concluded with an injunction upon the prefect, to be active in forwarding the matter enjoined, as he valued the favour of the Emperor, or wished to show himself devoted to the interests of the crown.314 Thus conjured, the prefect transmitted the order to the sub-prefect and mayors of the communities within his department, who, stimulated by the same motives that had actuated their principal, endeavoured each to distinguish himself by his active compliance with the will of the Emperor, and thus merit a favourable report, as the active and unhesitating agent of his pleasure.
It was the further duty of the prefects, to see that all honour was duly performed towards the head of the state, upon the days appointed for public rejoicings, and to remind the municipal authorities of the necessity of occasional addresses to the government, declaring their admiration of the talents, and devotion to the person of the Emperor. These effusions were duly published in the Moniteur, and, if examined closely, would afford some of the most extraordinary specimens of composition which the annals of flattery can produce. It is sufficient to say, that a mayor, we believe of Amiens, affirmed, in his ecstasy of loyal adoration, that the Deity, after making Buonaparte, must have reposed, as after the creation of the universe. This, and similar flights of rhetoric, may appear both impious and ridiculous, and it might have been thought that a person of Napoleon's sense and taste would have softened or suppressed them. But he well knew the influence produced on the public mind, by ringing the changes to different time on the same unvaried subject. The ideas which are often repeated in all variety of language and expression, will at length produce an effect on the public mind, especially if no contradiction is permitted to reach it. A uniform which may look ridiculous on a single individual, has an imposing effect when worn by a large body of men; and the empiric, whose extravagant advertisement we ridicule upon the first perusal, often persuades us, by sheer dint of repeating his own praises, to make trial of his medicine. Those who practise calumny know, according to the vulgar expression, that if they do but throw dirt sufficient, some part of it will adhere; and acting on the same principle, for a contrary purpose, Buonaparte was well aware, that the repetition of his praises in these adulatory addresses was calculated finally to make an impression on the nation at large, and to obtain a degree of credit as an expression of public opinion.
Faber, an author too impassioned to obtain unlimited credit, has given several instances of ignorance amongst the prefects; many of whom, being old generals, were void of the information necessary for the exercise of a civil office, and all of whom, having been, upon principle, nominated to a sphere of action with the local circumstances of which they were previously unacquainted, were sufficiently liable to error. But the same author may be fully trusted, when he allows that the prefects could not be accused of depredation or rapine, and that such of them as improved their fortune during the date of their office, did so by economising upon their legitimate allowances.315
Such was the outline of Napoleon's provincial administration, and of the agency by which it was carried on, without check or hesitation, in every province of France at the same moment. The machinery has been in a great measure retained by the royal government, to whom it appeared preferable, doubtless, to the violent alterations which an attempt to restore the old appointments, or create others of a different kind, must necessarily have occasioned.
THE CODE NAPOLEON.
But a far more important change, introduced by the Emperor, though not originating with him, was the total alteration of the laws of the kingdom of France, and the introduction of that celebrated code to which Napoleon assigned his name, and on the execution of which his admirers have rested his claim to be considered as a great benefactor to the country which he governed. Bacon has indeed informed us, that when laws have been heaped upon laws, in such a state of confusion as to render it necessary to revise them, and collect their spirit into a new and intelligible system, those who accomplish such an heroic task have a good right to be named amongst the legislators and benefactors of mankind. It had been the reproach of France before the Revolution, and it was one of the great evils which tended to produce that immense and violent change, that the various provinces, towns, and subordinate divisions of the kingdom, having been united in different periods to the general body of the country, had retained in such union the exercise of their own particular laws and usages; to the astonishment, as well as to the great annoyance of the traveller, who, in journeying through France, found that, in many important particulars, the system and character of the laws to which he was subjected, were altered almost as often as he changed his post-horses. It followed, from this discrepancy of laws and subdivision of jurisdiction, that the greatest hardships were sustained by the subjects, more especially when, the district being of small extent, those authorities who acted there were likely neither to have experience, nor character sufficient for exercise of the trust reposed in them.
The evils attending such a state of things had been long felt, and, at various periods before the Revolution, it had been proposed repeatedly to institute a uniform system of legislation for the whole kingdom. But so many different interests were compromised, and such were, besides, the pressing occupations of the successive administrations of Louis XVI., and his grandfather, that the project was never seriously adopted or entered upon. When, however, the whole system of provinces, districts, and feudal jurisdictions, great and small, had fallen at the word of the Abbé Siêyes, like an enchanted castle at the dissolution of a spell, and their various laws, whether written or consuetudinary, were buried in the ruins, all France, now united into one single and integral nation, lay open to receive any legislative code which the National Assembly might dictate. But the revolutionary spirit was more fitted to destroy than to establish; and was more bent upon the pursuit of political objects, than upon affording the nation the protection of just and equal laws. Under the Directory, two or three attempts towards classification of the laws had been made in the Council of Five Hundred, but never had gone farther than a preliminary and general report. Cambacérès, an excellent lawyer and enlightened statesman, was one of the first to solicit the attention of the state to this great and indispensable duty. The various successive authorities had been content with passing such laws as affected popular subjects of the day, and which (like that which licensed universal divorce) partook of the extravagance that gave them origin. The project of Cambacérès, on the contrary, embraced a general classification of jurisprudence through all its branches, although too much tainted, it is said, with the prevailing revolutionary opinions of the period, to admit its being taken for a basis, when Buonaparte, after his elevation, determined to supersede the Republican by Monarchical forms of government.
After the revolution of the 18th Brumaire, Napoleon saw no way more certain of assuring the popularity of that event, and connecting his own authority with the public interests of France, than to resume a task which former rulers of the Republic had thought too heavy to be undertaken, and thus, at once, show a becoming confidence in the stability of his own power, and a laudable desire of exercising it for the permanent advantage of the nation. An order of the Consuls, dated 24th Thermidor, in the year VIII., directed the minister of justice, with a committee of lawyers of eminence, to examine the several projects, four in number, which had been made towards compiling the civil code of national law, to give their opinion on the plan most desirable for accomplishing its formation, and to discuss the bases upon which legislation in civil matters ought to be rested.
The preliminary discourse upon the first project of the Civil Code, is remarkable for the manner in which the reporters consider and confute the general and illusory views entertained by the uninformed part of the public, upon the nature of the task to which they had been called. It is the common and vulgar idea, that the system of legislation may be reduced and simplified into a few general maxims of equity, sufficient to lead any judge of understanding and integrity, to a just decision of all questions which can possibly occur betwixt man and man. It follows, as a corollary to this proposition, that the various multiplications of authorities, exceptions, particular cases, and especial provisions, which have been introduced among civilized nations, by the address of those of the legal profession, are just so many expedients to embarrass the simple course of justice with arbitrary modifications and refinements, in order to procure wealth and consequence to those educated to the law, whose assistance must be used as its interpreters, and who became rich by serving litigants as guides through the labyrinth of obscurity which had been raised by themselves and their predecessors.
Such were the ideas of the law and its professors, which occurred to the Parliament of Praise-God-Barebones, when they proposed to Cromwell to abrogate the whole common law of England, and dismiss the lawyers, as drones who did but encumber the national hive. Such was also the opinion of many of the French statesmen, who, as rash in judging of jurisprudence as in politics, imagined that a system of maxims, modified on the plan of the Twelve Tables of the ancient Romans, might serve all the purposes of a civil code in modern France. They who thought in this manner had entirely forgotten, how soon the laws of these twelve tables became totally insufficient for Rome herself – how, in the gradual change of manners, some laws became obsolete, some inapplicable – how it became necessary to provide for emerging cases, successively by the decrees of the Senate, the ordinances of the people, the edicts of the Consuls, the regulations of the Prætors, the answers or opinions of learned Jurisconsults, and finally, by the rescripts, edicts, and novels of the Emperors, until such a mass of legislative matter was assembled, as scarcely the efforts of Theodosius or Justinian were adequate to bring into order, or reduce to principle. But this, it may be said, was the very subject complained of. The simplicity of the old laws, it may be urged, was gradually corrupted; and hence, by the efforts of interested men, not by the natural progress of society, arose the complicated system, which is the object of such general complaint.