We return to the internal government of France under the chief consul.

The events subsequent to the revolution of the 18th Brumaire, seemed to work a miraculous change on the French nation. The superior talents of Napoleon, with the policy exercised by Talleyrand and FouchÉ, and the other statesmen of ability whom he had called into administration, and who desired at all events to put an end to further revolutionary movements—but, above all, the victory of Marengo, had at once created and attached to the person of the chief consul an immense party, which might be said to comprehend all those, who, being neither decided Royalists nor determined Republicans, were indifferent about the form of the government, so they found ease and protection while living under it.[590]

But, on the other hand, the heads of the two factions continued to exist; and, as the power of the first consul became at once more absolute and more consolidated, it grew doubly hateful and formidable to them. His political existence was a total obstruction to the systems of both parties, and yet one which it was impossible to remove. There was no national council left, in which the authority of the first consul could be disputed, or his measures impeached. The strength of his military power bid defiance alike to popular commotions, if the Democrats had yet possessed the means of exerting them, and to the scattered bands of the Royalist insurgents. What chance remained for ridding themselves of the autocrat, in whom the Republicans saw a dictator, the Royalists an usurper? None, save that, being mortal, Napoleon was subject to be taken off by assassination.

The Democrats were naturally the first to meditate an enterprise of this nature. The right of taking off a tyrant was, according to their creed, as proper to any private citizen as to those who opposed him armed in the field. The act of Harmodius and Aristogiton—the noble deed of Brutus and his associates—were consecrated in history, and esteemed so congenial to the nature of a free constitution, that the Convention, on the motion of Jean de Brie,[591] had at one time determined to raise a legion of assassins, armed with poniards, who should devote themselves to the pious task of exterminating all foreign princes, statesmen, and ministers—in short, all who were accounted the foes of freedom, without pity or distinction. In a party entertaining such principles, there could be no scruple on the score of morality; and where they had been so lately professed by thousands, it seemed natural that, amid the multitude, they must have made a deep impression on some enthusiastic and gloomy disposition, which might be easily provoked to act upon them.

It is no wonder, therefore, that some obscure Jacobins should have early nourished the purpose of assassinating Napoleon, as the enemy of his country's freedom, and the destroyer of her liberties; but it is singular, that most of the conspirators against his person were Italians. Arena, brother of the deputy[592] who was said to have aimed a dagger at Buonaparte in the Council of Five Hundred, was at the head of the conspiracy. He was a Corsican.[593] With him, Ceracchi[594] and Diana, two Italian refugees; a painter called Topino-Lebrun;[595] and two or three enthusiasts of low condition, formed a plot for the purpose of assassinating the chief consul at the Opera-house. Their intention was detected by the police; Ceracchi and Diana were arrested in the lobby,[596] armed, it was said, and prepared for the attempt, and Napoleon was congratulated by most of the constituted authorities upon having escaped a great danger.[597]

Crassous, president of the Tribunate, made a singular speech on the occasion, which would almost bear a double interpretation. "There had been so many conspiracies," he said, "at so many different periods, and under so many different pretexts, which had never been followed up either by inquiry or punishment, that a great number of good citizens had become sceptical on the subject of their existence. This incredulity was dangerous," he argued; "it was time it should be ended." With this view, Monsieur Crassous recommended, that the persons guilty on the present occasion should be prosecuted and punished with all the solemnity and rigour of the laws.

Buonaparte replied, with military indifference, that he had been in no real danger. "The contemptible wretches," he said, in something like a renewal of his Egyptian vein, "had no power to commit the crime they meditated. Besides the assistance of the whole audience, I had with me a piquet of my brave guard, from whom the wretches could not have borne a look."[598] So ended this singular discourse; and it is remarkable that neither were the circumstances of the plot made public, nor the conspirators punished, till the more memorable attempt on Napoleon's life by the Royalists.

The Royalists, as a party, had far more interest with Buonaparte than the Democrats. The former approved of the principles and form of his government,—it was only necessary for their conversion, that they should learn to endure his person; whereas the Jacobins being equally averse to the office to which he aspired, to his power, and to himself, there were no hopes of their being brought to tolerate either the monarch or the man. Of the latter, therefore, Napoleon entertained equal dislike and distrust; while, from obvious causes, his feelings towards the former were in some measure friendly.

The Royalists, too, for some time entertained a good opinion of Buonaparte, and conceived that he intended, in his own time and in his own way, to act in behalf of the exiled royal family. The enthusiastic of the party were at a loss to conceive that the throne of France should be again erected, and that any one but a Bourbon should dare to ascend it. It seemed to them impossible that the monarchy should revive without the restoration of the legitimate monarch, and they could not believe that a Corsican soldier of fortune would meditate an usurpation, or that France would be for a moment tolerant of his pretensions. The word liberty had, indeed, misled the people of France for a time, but, that illusion being dissipated, their natural love to the royal race would return like a reviving spring, and again run in its old channel.

So general was the belief among this class, that Buonaparte meditated the restoration of the Bourbons, that several agents of the family made their way so far as to sound his own mind upon the subject. Louis himself, afterwards XVIII., addressed to the first consul a letter of the following tenor:—"You cannot achieve the happiness of France without my restoration, any more than I can ascend the throne which is my right, without your co-operation. Hasten then to complete the good work, which none but you can accomplish, and name the rewards which you claim for your friends."[599]

Buonaparte answered the letter with cold civility. He esteemed the person, he said, and pitied the misfortunes, of his Royal Highness the Comte de Provence, and should be glad to assist him, did an opportunity permit. But as his royal highness could not be restored to France, save at the expense of an hundred thousand lives, it was an enterprise in which he, Buonaparte, must decline to aid him.[600]

A less direct, and more artful course, is said to have been attempted, by the mission of the Duchesse de Guiche, one of the most beautiful and pleasing women of the time, who, obtaining permission to come to Paris under pretext of her private affairs, was introduced at the Tuileries, and delighted Josephine with the elegance of her manners.[601] Napoleon did not escape the fascination but the instant she touched on the subject of politics, the interesting duchesse received an order to quit Paris.

As soon as the Royalists discovered, by the failure of these and similar applications, as well as by the gradual tendency of Buonaparte's measures, that the restoration of the Bourbons was the thing farthest from his purpose, their disappointment exasperated them against the audacious individual, whose single person seemed now the only obstacle to that event. Monarchical power was restored, in spirit at least, if not in form; was it to be endured, the more zealous followers of the Bourbons demanded of each other, that it should become the prize of a military usurper? This party, as well as that of the Jacobins, contained doubtless many adherents, whom the enthusiasm of their political principles disposed to serve their cause, even at the expense of great crimes. The sentiments of the princes of the royal family upon such a subject, were becoming their high ranks.[602] They were resolved to combat Buonaparte's pretensions with open force, such as befitted their pretensions as head of the chivalry of France, but to leave to Jacobins the schemes of private assassination. Still there must have been many, among those characters which are found during the miseries and crimes of civil war, who conceived that the assassination of the chief consul would be received as good service when accomplished, although it might not be authorised beforehand. Nay, there may have been partisans zealous enough to take the crime and punishment on themselves, without looking farther than the advantage which their party would receive by the action.

A horrible invention, first hatched, it is said, by the Jacobins,[603] was adopted by certain Royalists of a low description, remarkable as actors in the wars of the Chouans, of whom the leaders were named Carbon and St. Regent. It was a machine consisting of a barrel of gunpowder, placed on a cart to which it was strongly secured, and charged with grape-shot so disposed around the barrel, as to be dispersed in every direction by the explosion. The fire was to be communicated by a slow match. It was the purpose of the conspirators, undeterred by the indiscriminate slaughter which such a discharge must occasion, to place the machine in the street through which the first consul was to go to the opera, having contrived that it should explode, exactly as his carriage should pass the spot; and, strange to say, this stratagem, which seemed as uncertain as it was atrocious, was within a hair's-breadth of success.

On the evening of the 24th December, 1800, Buonaparte has informed us, that though he himself felt a strong desire to remain at home, his wife and one or two intimate friends insisted that he should go to the opera. He was slumbering under a canopy when they awaked him. One brought his hat, another his sword. He was in a manner forced into his carriage, where he again slumbered and was dreaming of the danger which he had escaped in an attempt to pass the river Tagliamento some years before. On a sudden he awaked amidst thunder and flame.[604]

The cart bearing the engine, which was placed in the street St. Nicaise, intercepted the progress of the chief consul's coach, which passed it with some difficulty. St. Regent had fired the match at the appointed instant; but the coachman, who chanced to be somewhat intoxicated, driving unusually fast, the carriage had passed the machine two seconds before the explosion took place; and that almost imperceptible fraction of time was enough to save the life which was aimed at. The explosion was terrible. Two or three houses were greatly damaged—twenty persons killed, and about fifty-three wounded; among the latter was the incendiary St. Regent. The report was heard several leagues from Paris. Buonaparte instantly exclaimed to Lannes and BessiÈres, who were in the carriage, "We are blown up!" The attendants would have stopped the coach, but with more presence of mind he commanded them to drive on, and arrived in safety at the opera;[605] his coachman during the whole time never discovering what had happened, but conceiving the consul had only received a salute of artillery.[606]

A public officer, escaped from such a peril, became an object of yet deeper interest than formerly to the citizens in general; and the reception of the consul at the opera, and elsewhere, was more enthusiastic than ever. Relief was ostentatiously distributed amongst the wounded, and the relatives of the slain; and every one, shocked with the wild atrocity of such a reckless plot, became, while they execrated the perpetrators, attached in proportion to the object of their cruelty. A disappointed conspiracy always adds strength to the government against which it is directed; and Buonaparte did not fail to push this advantage to the uttermost.

Notwithstanding that the infernal machine (for so it was not unappropriately termed) had in fact been managed by the hands of Royalists, the first suspicion fell on the Republicans; and Buonaparte took the opportunity, before the public were undeceived on the subject, of dealing that party a blow, from the effects of which they did not recover during his reign. An arbitrary decree of the Senate was asked and readily obtained for the transportation beyond seas of nearly one hundred and thirty of the chiefs of the broken faction of the Jacobins, among whom were several names which belonged to the celebrated Reign of Terror, and had figured in the rolls of the National Convention. These men were so generally hated, as connected with the atrocious scenes during the reign of Robespierre, that the unpopularity of their characters excused the irregularity of the proceedings against them, and their fate was viewed with complacency by many, and with indifference by all. In the end, the first consul became so persuaded of the political insignificance of these relics of Jacobinism, (who, in fact, were as harmless as the fragments of a bombshell after its explosion,) that the decree of deportation was never enforced against them; and Felix Lepelletier, Chaudieu, Talot, and their companions, were allowed to live obscurely in France, watched closely by the police, and under the condition that they should not venture to approach Paris.[607]

The actual conspirators were proceeded against with severity. Chevalier and Veycer, Jacobins, said to have constructed the original model of the infernal machine, were tried before a military commission, condemned to be shot, and suffered death accordingly.

Arena, Ceracchi, Topino-Lebrun, and Demerville, were tried before the ordinary court of criminal judicature, and condemned by the voice of a jury; although there was little evidence against them, save that of their accomplice Harel, by whom they had been betrayed. They also were executed.

At a later period, Carbon and St. Regent, Royalists, the agents in the actual attempt of 24th December, were also tried, condemned, and put to death. Some persons tried for the same offence were acquitted; and justice seems to have been distributed with an impartiality unusual in France since the Revolution.

But Buonaparte did not design that the consequences of these plots should end with the deaths of the wretches engaged in them. It afforded an opportunity not to be neglected to advance his principal object, which was the erection of France into a despotic kingdom, and the possessing himself of uncontrolled power over the lives, properties, thoughts, and opinions, of those who were born his fellow-subjects, and of whom the very meanest but lately boasted himself his equal. He has himself expressed his purpose respecting the Constitution of the year Eight, or Consular Government, in words dictated to General Gourgaud:—

"The ideas of Napoleon were fixed; but the aid of time and events were necessary for their realization. The organization of the Consulate had presented nothing in contradiction to them; it taught unanimity, and that was the first step. This point gained, Napoleon was quite indifferent as to the form and denominations of the several constituted bodies. He was a stranger to the Revolution. It was natural that the will of these men, who had followed it through all its phases, should prevail in questions as difficult as they were abstract. The wisest plan was to go on from day to day—by the polar star by which Napoleon meant to guide the Revolution to the haven he desired."[608]

If there is any thing obscure in this passage, it received but too luminous a commentary from the course of Buonaparte's actions; all of which tend to show that he embraced the Consular government as a mere temporary arrangement, calculated to prepare the minds of the French nation for his ulterior views of ambition, as young colts are ridden with a light bridle until they are taught by degrees to endure the curb and bit, or as water-fowl taken in a decoy are first introduced within a wider circuit of nets, in order to their being gradually brought within that strict enclosure where they are made absolute prisoners. He tells us in plain terms, he let the revolutionary sages take their own way in arranging the constitution; determined, without regarding the rules they laid down on the chart, to steer his course by one fixed point to one desired haven. That polar star was his own selfish interest—that haven was despotic power. What he considered as most for his own interest, he was determined to consider as the government most suited for France also. Perhaps he may have persuaded himself that he was actually serving his country as well as himself; and, indeed, justly considered, he was in both instances equally grievously mistaken.

With the views which he entertained, the chief consul regarded the conspiracies against his life as affording a pretext for extending his power too favourable to be neglected. These repeated attacks on the Head of the state made it desirable that some mode should be introduced of trying such offences, briefer and more arbitrary than the slow forms required by ordinary jurisprudence. The prompt and speedy justice to be expected from a tribunal freed from the ordinary restraint of formalities and justice, was stated to be more necessary on account of the state of the public roads, infested by bands called Chauffeurs, who stopped the public carriages, intercepted the communications of commerce, and became so formidable, that no public coach was permitted to leave Paris without a military guard of at least four soldiers on the roof. This was used as a strong additional reason for constituting a special court of judicature.

Buonaparte could be at no loss for models of such an institution. As hero of the Revolution, he had succeeded to the whole arsenal of revolutionary weapons forged in the name of Liberty, to oppress the dearest rights of humanity. He had but to select that which best suited him, and to mould it to the temper of the times. The country which had so long endured the Revolutionary Tribunal, was not likely to wince under any less stern judicature.

The court which Government now proposed to establish, was to consist of eight members thus qualified. 1. The president and two judges of the ordinary criminal tribunal. 2. Three military men, bearing at least the rank of a captain. 3. Two citizens, to be suggested by Government, who should be selected from such as were by the constitution qualified to act as judges. Thus five out of eight judges were directly named by the Government for the occasion. The court was to decide without jury, without appeal, and without revision of any kind. As a boon to the accused, the court were to have at least six members present, and there was to be no casting vote; so that the party would have his acquittal, unless six members out of eight, or four members out of six, should unite in finding him guilty; whereas in other courts, a bare majority is sufficient for condemnation.

With this poor boon to public opinion, the special Commission Court was to be the jurisdiction before whom armed insurgents, conspirators, and in general men guilty of crimes against the social compact, were to undergo their trial.

The counsellor of state, Portalis, laid this plan before the Legislative Body, by whom it was, according to constitutional form, referred to the consideration of the Tribunate. It was in this body, the only existing branch of the constitution where was preserved some shadow of popular forms and of free debate, that those who continued to entertain free sentiments could have any opportunity of expressing them. Benjamin Constant, Daunon, Chenier, and others, the gleanings as it were of the liberal party, made an honourable but unavailing defence against this invasion of the constitution, studying at the same time to express their opposition in language and by arguments least likely to give offence to the Government. To the honour of the Tribunate, which was the frail but sole remaining barrier of liberty, the project had nearly made shipwreck, and was only passed by a small majority of forty-nine over forty-one. In the Legislative Body there was also a strong minority.[609] It seemed as if the friends of liberty, however deprived of direct popular representation, and of all the means of influencing public opinion, were yet determined to maintain an opposition to the first consul, somewhat on the plan of that of England.

Another law, passed at this time, must have had a cooling effect on the zeal of some of these patriots. It was announced that there were a set of persons, who were to be regarded rather as public enemies than as criminals, and who ought to be provided against rather by anticipating and defeating their schemes than by punishing their offences. These consisted of Republicans, Royalists, or any others entertaining, or supposed to entertain, opinions inimical to the present state of affairs; and the law now passed entitled the government to treat them as suspected persons, and as such, to banish them from Paris or from France. Thus was the chief consul invested with full power over the personal liberty of every person whom he chose to consider as the enemy of his government.

Buonaparte was enabled to avail himself to the uttermost of the powers which he had thus extracted from the constitutional bodies, by the frightful agency of the police. This institution may, even in its mildest form, be regarded as a necessary evil; for although, while great cities continue to afford obscure retreats for vice and crime of every description, there must be men, whose profession it is to discover and bring criminals to justice, as while there are vermin in the animal world, there must be kites and carrion-crows to diminish their number; yet, as the excellence of these guardians of the public depends in a great measure on their familiarity with the arts, haunts, and practices of culprits, they cannot be expected to feel the same horror for crimes, or criminals, which is common to other men. On the contrary, they have a sympathy with them of the same kind which hunters entertain for the game which is the object of their pursuit. Besides, as much of their business is carried on by the medium of spies, they must be able to personate the manners and opinions of those whom they detect; and are frequently induced, by their own interest, to direct, encourage, nay suggest crimes, that they may obtain the reward due for conviction of the offenders.

Applied to state offences, the agency of such persons, though sometimes unavoidable, is yet more frightfully dangerous. Moral delinquencies can be hardly with any probability attributed to worthy or innocent persons; but there is no character so pure, that he who bears it may not be supposed capable of entertaining false and exaggerated opinions in politics, and, as such, become the victim of treachery and delation. In France, a prey to so many factions, the power of the police had become overwhelming; indeed, the very existence of the government seemed in some measure dependent upon the accuracy of their intelligence; and for this purpose their numbers had been enlarged, and their discipline perfected, under the administration of the sagacious and crafty FouchÉ. This remarkable person had been an outrageous Jacobin, and dipped deep in the horrors of the revolutionary government[610]—an adherent of Barras, and a partaker in the venality and peculation which characterised that period. He was, therefore, totally without principle; but his nature was not of that last degree of depravity, which delights in evil for its own sake, and his good sense told him, that an unnecessary crime was a political blunder. The lenity with which he exercised his terrible office, when left in any degree to his own discretion, while it never prevented his implicit execution of Buonaparte's commands, made the abominable system over which he presided to a certain extent endurable; and thus even his good qualities, while they relieved individual suffering, were of disservice to his country, by reconciling her to bondage.

The haute police, as it is called by the French, meaning that department which applies to politics and state affairs, had been unaccountably neglected by the ministers of Louis XVI., and was much disorganized by the consequences of the Revolution. The demagogues of the Convention had little need of a regular system of the kind. Every affiliated club of Jacobins supplied them with spies, and with instruments of their pleasure. The Directory stood in a different situation. They had no general party of their own, and maintained their authority, by balancing the Moderates and Democrats against each other. They, therefore, were more dependent upon the police than their predecessors, and they intrusted FouchÉ with the superintendence. It was then that, destroying, or rather superseding, the separate offices where the agents of the police pretended to a certain independence of acting, he brought the whole system to concentrate within his own cabinet. By combining the reports of his agents, and of the various individuals with whom under various pretexts he maintained correspondence, the minister of police arrived at so accurate a knowledge of the purpose, disposition, adherents, and tools of the different parties in France, that he could anticipate their mode of acting upon all occasions that were likely to occur, knew what measures were likely to be proposed, and by whom they were to be supported; and when any particular accident took place, was able, from his previous general information, to assign it to the real cause, and the true actors.

An unlimited system of espial, and that stretching through society in all its ramifications, was necessary to the perfection of this system, which had not arrived to its utmost height, till Napoleon ascended the throne. Still, before his reign, it existed all through France, controlling the most confidential expressions of opinion on public affairs, and, like some mephitic vapour, stifling the breath though it was invisible to the eye, and, by its mysterious terrors, putting a stop to all discussion of public measures, which was not in the tone of implicit approbation.

The expense of maintaining this establishment was immense; for FouchÉ comprehended amongst his spies and informers, persons whom no ordinary gratuity would have moved to act such a part. But this expense was provided for by the large sums which the minister of police received for the toleration yielded to brothels, gambling-houses, and other places of profligacy, to whom he granted licenses, in consideration of their observing certain regulations. His system of espial was also extended, by the information which was collected in these haunts of debauchery; and thus the vices of the capital were made to support the means by which it was subjected to a despotic government. His autobiography contains a boast, that the private secretary of the chief consul was his pensioner,[611] and that the lavish profusion of Josephine made even her willing to exchange intelligence concerning the chief consul's views and plans.[612] Thus was FouchÉ not only a spy upon the people in behalf of Buonaparte, but a spy also on Buonaparte himself.

Indeed, the power of the director of this terrible enginery was so great, as to excite the suspicion of Napoleon, who endeavoured to counterbalance it by dividing the department of police into four distinct offices. There were established, 1st, The military police of the palace, over which Duroc, the grand master of the household, presided. 2d, The police maintained by the inspector of the gendarmes. 3d, That exercised over the city of Paris by the prefect. 4th, The general police, which still remained under the control of FouchÉ. Thus, the first consul received every day four reports of police, and esteemed himself secure of learning, through some one of them, information which the others might have an interest in concealing.[613]

The agents of these different bodies were frequently unknown to each other; and it often happened, that when, in the exercise of their office, they were about to arrest some individual who had incurred suspicion, they found him protected against them, by his connexion with other bureaux of police. The system was, therefore, as complicated as it was oppressive and unjust; but we shall have such frequent opportunity to refer to the subject, that we need here only repeat, that, with reference to his real interest, it was unfortunate for Buonaparte that he found at his disposal so ready a weapon of despotism as the organized police, wielded by a hand so experienced as that of FouchÉ.

It was the duty of the police to watch the progress of public opinion, whether it was expressed in general society, and confidential communication, or by the medium of the press. Buonaparte entertained a feverish apprehension of the effects of literature on the general mind, and in doing so acknowledged the weak points in his government. The public journals were under the daily and constant superintendence of the police, and their editors were summoned before FouchÉ when any thing was inserted which could be considered as disrespectful to his authority. Threats and promises were liberally employed on such occasions, and such journalists as proved refractory, were soon made to feel that the former were no vain menaces. The suppression of the offensive newspaper was often accompanied by the banishment or imprisonment of the editor. The same measure was dealt to authors, booksellers, and publishers, respecting whom the jealousy of Buonaparte amounted to a species of disease.[614]

No one can be surprised that an absolute government should be disposed to usurp the total management of the daily press, and such other branches of literature as are immediately connected with politics; but the interference of Buonaparte's police went much farther, and frequently required from those authors who wrote only on general topics, some express recognisance of his authority. The ancient Christians would not attend the theatre, because it was necessary that, previous to enjoying the beauties of the scene, they should sacrifice some grains of incense to the false deity, supposed to preside over the place. In like manner, men of generous minds in France were often obliged to suppress works on subjects the most alien to politics, because they could not easily obtain a road to the public unless they consented to recognise the right of the individual who had usurped the supreme authority, and extinguished the liberties of his country. The circumstances which subjected Madame de StaËl to a long persecution by the police of Buonaparte, may be quoted as originating in this busy desire, of connecting his government with the publications of all persons of genius.

We have been already led to notice, that there existed no cordiality betwixt Buonaparte and the gifted daughter of Necker. Their characters were far from suited to each other. She had manifestly regarded the first consul as a subject of close and curious observation, and Buonaparte loved not that any one should make him the subject of minute scrutiny. Madame de StaËl was the centre also of a distinguished circle of society in France, several of whom were engaged to support the cause of liberty; and the resolution of a few members of the Tribunate, to make some efforts to check the advance of Buonaparte to arbitrary power, was supposed to be taken in her saloon, and under her encouragement. For this she was only banished from Paris.[615] But when she was about to publish her excellent and spirited book on German manners and literature, in which, unhappily, there was no mention of the French nation, or its supreme chief, Madame de StaËl's work was seized by the police, and she was favoured with a line from Savary, acquainting her that the air of France did not suit her health, and inviting her to leave it with all convenient speed.[616] While in exile from Paris, which she accounted her country, the worthy Prefect of Geneva suggested a mode by which she might regain favour. An ode on the birth of the King of Rome was recommended as the means of conciliation. Madame de StaËl answered, she should limit herself to wishing him a good nurse; and became exposed to new rigours, even extending to the friends who ventured to visit her in her exile. So general was the French influence all over Europe, that to shelter herself from the persecutions by which she was everywhere followed, she was at length obliged to escape to England, by the remote way of Russia. Chenier, author of the Hymn of the Marseillois, though formerly the panegyrist of General Buonaparte, became, with other literary persons who did not bend low enough to his new dignity, objects of persecution to the first consul. The childish pertinacity with which Napoleon followed up such unreasonable piques, belongs indeed, chiefly, to the history of the Emperor, but it showed its blossoms earlier. The power of indulging such petty passions, goes, in a great measure, to foster and encourage their progress; and in the case of Buonaparte, this power, great in itself, was increased by the dangerous facilities which the police offered, for gratifying the spleen, or the revenge, of the offended sovereign.

Another support of a very different kind, and grounded on the most opposite principles, was afforded to the rising power of Napoleon, through the re-establishment of religion in France, by his treaty with the Pope, called the Concordat. Two great steps had been taken towards this important point, by the edict opening the churches, and renewing the exercise of the Christian religion, and by the restoration of the Pope to his temporal dominions after the battle of Marengo. The further objects to be attained were the sanction of the first consul's government by the Pontiff on the one hand, and, on the other, the re-establishment of the rights of the Church in France, so far as should be found consistent with the new order of things.

This important treaty was managed by Joseph Buonaparte, who, with three colleagues, held conferences for that purpose with the plenipotentiaries of the Pope. The ratifications were exchanged on the 18th of September 1801; and when they were published, it was singular to behold how submissively the once proud See of Rome lay prostrated before the power of Buonaparte, and how absolutely he must have dictated all the terms of the treaty. Every article innovated on some of those rights and claims, which the Church of Rome had for ages asserted as the unalienable privileges of her infallible head.

I. It was provided, that the Catholic religion should be freely exercised in France, acknowledged as the national faith, and its service openly practised, subject to such regulations of police as the French Government should judge necessary. II. The Pope, in concert with the French Government, was to make a new division of dioceses, and to require of the existing bishops even the resignation of their sees, should that be found necessary to complete the new arrangement. III. The sees which should become vacant by such resignation, or by deprivation, in case a voluntary abdication was refused, as also all future vacancies, were to be filled up by the Pope, on nominations proceeding from the French Government. IV. The new bishops were to take an oath of fidelity to the Government, and to observe a ritual, in which there were to be especial forms of prayer for the consuls. V. The church-livings were to undergo a new division, and the bishops were to nominate to them, but only such persons as should be approved by the Government. VI. The Government was to make suitable provision for the national clergy, while the Pope expressly renounced all right competent to him and his successors, to challenge or dispute the sales of church property which had been made since the Revolution.[617]

Such was the celebrated compact, by which Pius VII. surrendered to a soldier, whose name was five or six years before unheard of in Europe, those high claims to supremacy in spiritual affairs, which his predecessors had maintained for so many ages against the whole potentates of Europe. A puritan might have said of the power seated on the Seven Hills—"Babylon is fallen,—it is fallen that great city!" The more rigid Catholics were of the same opinion. The Concordat, they alleged, showed rather the abasement of the Roman hierarchy than the re-erection of the Gallic Church.

The proceedings against the existing bishops of France, most of whom were of course emigrants, were also but little edifying. Acting upon the article of the Concordat already noticed, and caused, as the letter[618] itself states, "by the exigencies of the times, which exercises its violence even on us," the Pope required of each of these reverend persons, by an especial mandate, to accede to the compact, by surrendering his see, as therein provided. The order was peremptory in its terms, and an answer was demanded within fifteen days. The purpose of this haste was to prevent consultation or combination, and to place before each bishop, individually, the choice of compliance, thereby gaining a right to be provided for in the new hierarchy; or of refusal, in which case the Pope would be obliged to declare the see vacant, in conformity to his engagement with Buonaparte.

The bishops in general declined compliance with a request, which, on the part of the Pope, was evidently made by compulsion. They offered to lay their resignation at his Holiness's feet, so soon as they should be assured that there was regular canonical provision made for filling up their sees; but they declined, by any voluntary act of theirs, to give countenance to the surrender of the rights of the Church implied in the Concordat, and preferred exile and poverty to any provision which they might obtain, by consenting to compromise the privileges of the hierarchy. These proceedings greatly increased the unpopularity of the Concordat among the more zealous Catholics.

Others of that faith there were, who, though they considered the new system as very imperfect, yet thought it might have the effect of preserving in France some sense of the Christian religion, which, under the total disuse of public worship, stood a chance of being entirely extinguished in the minds of the rising generation. They remembered, that though the Jews in the days of Esdras shed tears of natural sorrow when they beheld the inferiority of the second Temple, yet Providence had sanctioned its erection, under the warrant, and by permission, of an unbelieving task-master. They granted, that the countenance shown by Buonaparte to the religious establishment, was entirely from motives of self-interest; but still they hoped that God, who works his own will by the selfish passions of individuals, was now using those of the first consul to recall some sense of religion to France; and they anticipated that religion, as the best friend of all that is good and graceful in humanity, was likely, in course of time, to bring back and encourage a sense of rational liberty.

The revolutionary part of France beheld the Concordat with very different eyes. The Christian religion was, as to the Jews and Greeks of old, a stumbling-block to the Jacobins, and foolishness to the philosophers. It was a system which they had attacked with a zeal even as eager as that which they had directed against monarchical institutions; and in the restoration of the altar, they foresaw the re-erection of the throne. Buonaparte defended himself among the philosophers, by comparing his Concordat to a sort of vaccination of religion, which, by introducing a slighter kind into the system of the state, would gradually prepare for its entire extinction.[619]

In the meantime, he proceeded to renew the ancient league betwixt the church and crown, with as much solemnity as possible. Portalis[620] was created minister of religion, a new office, for managing the affairs of the Church. He had deserved this preferment, by a learned and argumentative speech to the Legislative Body, in which he proved to the French statesmen, (what in other countries is seldom considered as matter of doubt,) that the exercise of religion is congenial to human nature, and worthy of being cherished and protected by the state. The Concordat was inaugurated at Notre Dame, [April 1802,] with the utmost magnificence. Buonaparte attended in person, with all the badges and pomp of royalty, and in the style resembling as nearly as possible that of the former Kings of France. The Archbishop of Aix was appointed to preach upon the occasion, being the very individual prelate who had delivered the sermon upon the coronation of Louis XVI. Some address, it was said, was employed to procure the attendance of the old republican generals. They were invited by Berthier to breakfast, and thence carried to the first consul's levee; after which it became impossible for them to decline attending him to the church of Notre Dame.[621] As he returned from the ceremony, surrounded by these military functionaries, Buonaparte remarked with complacency, that the former order of things was fast returning. One of his generals boldly answered,—"Yes!—all returns—excepting the two millions of Frenchmen, who have died to procure the proscription of the very system now in the act of being restored."[622]

It is said that Buonaparte, when he found the Pope and the clergy less tractable than he desired, regretted having taken the step of re-establishing religion, and termed the Concordat the greatest error of his reign. But such observations could only escape him in a moment of pique or provocation. He well knew the advantage which a government must derive from a national church, which recognises them in its ritual; and at Saint Helena, he himself at once acknowledged the advantage of his compact with the Pope as a measure of state, and his indifference to it in a religious point of view. "I never regretted the Concordat," he said. "I must have had either that or some thing equivalent. Had the Pope never before existed, he should have been made for the occasion."[623]

The first consul took care, accordingly, to make his full advantage of the Concordat, by introducing his own name as much as possible into the catechism of the Church, which, in other respects, was that drawn up by Bossuet. To honour Napoleon, the catechumen was taught, was the same as to honour and serve God himself—to oppose his will, was to incur the penalty of eternal damnation.[624]

In civil affairs, Buonaparte equally exerted his talents, in connecting the safety and interests of the nation with his own aggrandisement. He had already laughed at the idea of a free constitution. "The only free constitution necessary," he said, "or useful, was a good civil code;" not considering, or choosing to have it considered, that the best system of laws, when held by no better guarantee than the pleasure of an arbitrary prince and his council of state, is as insecure as the situation of a pearl suspended by a single hair. Let us do justice to Napoleon, however, by acknowledging, that he encountered with manly firmness the gigantic labour of forming a code of institutions, which, supplying the immense variety of provincial laws that existed in the different departments of France, and suppressing the partial and temporary regulations made in the various political crises of the Revolution, were designed to be the basis of a uniform national system. For this purpose, an order of the consuls convoked Messrs. Portalis, Tronchet,[625] Bigot de PrÉameneu,[626] and Maleville,[627] juris-consults of the highest character, and associated them with the Minister of Justice, CambacÉrÈs, in the task of adjusting and reporting a plan for a general system of jurisprudence. The progress and termination of this great work will be hereafter noticed. The chief consul himself took an active part in the deliberations.

An ordinance, eminently well qualified to heal the civil wounds of France, next manifested the talents of Buonaparte, and, as men hoped, his moderation. This was the general amnesty granted to the emigrants. A decree of the Senate, 26th April, 1802, permitted the return of these unfortunate persons to France, providing they did so, and took the oath of fidelity to Government, within a certain period. There were, however, five classes of exceptions, containing such as seemed too deeply and strongly pledged to the house of Bourbon, ever to reconcile themselves to the government of Buonaparte. Such were, 1st, Those who had been chiefs of bodies of armed royalists;—2d, Who had held rank in the armies of the allies; 3d, Who had belonged to the household of the princes of the blood;—4th, Who had been agents or encouragers of foreign or domestic war;—5th, The generals and admirals, together with the representatives of the people, who had been guilty of treason against the Republic, together with the prelates, who declined to resign their sees in terms of the Concordat. It was at the same time declared, that not more than five hundred in all should be excepted from the amnesty. Buonaparte truly judged, that the mass of emigrants, thus winnowed and purified from all who had been leaders, exhausted in fortune and wearied out by exile, would in general be grateful for permission to return to France, and passive, nay, contented and attached subjects of his dominion; and the event in a great measure, if not fully, justified his expectations. Such part of their property as had not been sold, was directed to be restored to them;[628] but they were subjected to the special superintendence of the police for the space of ten years after their return.[629]

With similar and most laudable attention to the duties of his high office, Buonaparte founded plans of education,[630] and particularly, with MongÉ's assistance, established the Polytechnic school, which has produced so many men of talent. He inquired anxiously into abuses, and was particularly active in correcting those which had crept into the prisons during the Revolution, where great tyranny was exercised by monopoly of provisions, and otherwise.[631] In amending such evils, Buonaparte, though not of kingly birth, showed a mind worthy of the rank to which he had ascended. It is only to be regretted, that in what interfered with his personal wishes or interest, he uniformly failed to manifest the sound and correct views, which on abstract questions he could form so clearly.

Other schemes of a public character were held out as occupying the attention of the chief consul. Like Augustus, whose situation his own in some measure resembled, Napoleon endeavoured, by the magnificence of his projects for the improvement of the state, to withdraw attention from his inroads upon public freedom. The inland navigation of Languedoc was to be completed, and a canal, joining the river Yonne to the Saonne, was to connect the south part of the Republic so completely with the north, as to establish a communication by water between Marseilles and Amsterdam. Bridges were also to be built, roads to be laid out and improved, museums founded in the principal towns of France, and many other public labours undertaken, on a scale which should put to shame even the boasted days of Louis XIV. Buonaparte knew the French nation well, and was aware that he should best reconcile them to his government, by indulging his own genius for bold and magnificent undertakings, whether of a military or a civil character.

But although these splendid proposals filled the public ear, and flattered the national pride of France, commerce continued to languish, under the effects of a constant blockade, provisions became dear, and discontent against the Consulate began to gain ground over the favourable sentiments which had hailed its commencement. The effectual cure for these heart-burnings was only to be found in a general peace; and a variety of circumstances, some of them of a character very unpleasing to the first consul, seemed gradually preparing for this desirable event.