When the treaty of Amiens appeared to have restored peace to Europe, one of Buonaparte's first enterprises was to attempt the recovery of the French possessions in the large, rich, and valuable colony of St. Domingo, the disasters of which island form a terrible episode in the history of the war.

The convulsions of the French Revolution had reached St. Domingo, and, catching like fire to combustibles, had bred a violent feud between the white people in the island, and the mulattoes, the latter of whom demanded to be admitted into the privileges and immunities of the former; the newly established rights of men, as they alleged, having no reference to the distinction of colour. While the whites and the people of colour were thus engaged in a civil war, the negro slaves, the most oppressed and most numerous class of the population, rose against both parties, and rendered the whole island one scene of bloodshed and conflagration. The few planters who remained invited the support of the British arms, which easily effected a temporary conquest. But the European soldiery perished so fast through the influence of the climate, that, in 1798, the English were glad to abandon an island which had proved the grave of so many of her best and bravest, who had fallen without a wound, and void of renown.

The negroes, left to themselves, divided into different parties, who submitted to the authority of chiefs more or less independent of each other, many of whom displayed considerable talent. Of these, the principal leader was Toussaint L'Ouverture, who, after waging war like a savage, appears to have used the power which victory procured him with much political skill. Although himself a negro, he had the sagacity to perceive how important it was for the civilisation of his subjects, that they should not be deprived of the opportunities of knowledge, and examples of industry, afforded them by the white people. He, therefore, protected and encouraged the latter, and established, as an equitable regulation, that the blacks, now freemen, should nevertheless continue to labour the plantations of the white colonists, while the produce of the estate should be divided in certain proportions betwixt the white proprietor and the sable cultivator.

The least transgressions of these regulations he punished with African ferocity. On one occasion, a white female, the owner of a plantation, had been murdered by the negroes by whom it was laboured, and who had formerly been her slaves. Toussaint marched to the spot at the head of a party of his horse-guards, collected the negroes belonging to the plantation, and surrounded them with his black cavalry, who, after a very brief inquiry, received orders to charge and cut them to pieces; of which order our informant witnessed the execution. His unrelenting rigour, joined to his natural sagacity, soon raised Toussaint to the chief command of the island; and he availed himself of the maritime peace, to consolidate his authority by establishing a constitution on the model most lately approved of in France, which being that of the year Eight, consisted of a consular government. Toussaint failed not, of course, to assume the supreme government to himself, with power to name his successor. The whole was a parody on the procedure of Buonaparte, which, doubtless, the latter was not highly pleased with;[27] for there are many cases in which an imitation by others, of the conduct we ourselves have held, is a matter not of compliment, but of the most severe satire. The constitution of St. Domingo was instantly put in force, although, with an ostensible deference to France, the sanction of her Government had been ceremoniously required. It was evident that the African, though not unwilling to acknowledge some nominal degree of sovereignty on the part of France, was determined to retain in his own hands the effective government of the colony. But this in no respect consisted with the plans of Buonaparte, who was impatient to restore to France those possessions of which the British naval superiority had so long deprived her—colonies, shipping, and commerce.[28]

A powerful expedition was fitted out at the harbours of Brest, L'Orient, and Rochefort, destined to restore St. Domingo in full subjection to the French empire. The fleet amounted to thirty-four ships bearing forty guns and upwards, with more than twenty frigates and smaller armed vessels. They had on board above twenty thousand men, and General Leclerc, the brother-in-law of the first consul, was named commander-in-chief of the expedition, having a staff composed of officers of acknowledged skill and bravery.

It is said that Buonaparte had the art to employ a considerable proportion of the troops which composed the late army of the Rhine, in this distant expedition to an insalubrious climate.[29] But he would not permit it to be supposed, that there was the least danger; and he exercised an act of family authority on the subject, to prove that such were his real sentiments. His sister, the beautiful Pauline, afterwards the wife of Prince Borghese, showed the utmost reluctance to accompany her present husband, General Leclerc, upon the expedition, and only went on board when actually compelled to do so by the positive orders of the first consul, who, although she was his favourite sister, was yet better contented that she should share the general risk, than, by remaining behind, leave it to be inferred that he himself augured a disastrous conclusion to the expedition.

The armament set sail on the 14th of December, 1801, while an English squadron of observation, uncertain of their purpose, waited upon and watched their progress to the West Indies. The French fleet presented themselves before Cape FranÇois, on the 29th of January, 1802.

Toussaint, summoned to surrender, seemed at first inclined to come to an agreement, terrified probably by the great force of the expedition, which time and the climate could alone afford the negroes any chance of resisting. A letter was delivered to him from the first consul, expressing esteem for his person; and General Leclerc offered him the most favourable terms, together with the situation of lieutenant-governor. Ultimately, however, Toussaint could not make up his mind to trust the French, and he determined upon resistance, which he managed with considerable skill. Nevertheless, the well-concerted military operations of the whites soon overpowered for the present the resistance of Toussaint and his followers. Chief after chief surrendered, and submitted themselves to General Leclerc. At length, Toussaint L'Ouverture himself seems to have despaired of being able to make further or more effectual resistance. He made his formal submission, and received and accepted Leclerc's pardon, under the condition that he should retire to a plantation at Gonaives, and never leave it without permission of the commander-in-chief.

The French had not long had possession of the colony, ere they discovered, or supposed they had discovered, symptoms of a conspiracy amongst the negroes, and Toussaint was, on very slight grounds, accused as encouraging a revolt. Under this allegation, the only proof of which was a letter, capable of an innocent interpretation, the unfortunate chief was seized upon, with his whole family, and put on board of a vessel bound to France. Nothing official was ever learned concerning his fate, farther than that he was imprisoned in the Castle of Joux, in Franche ComptÉ, where the unhappy African fell a victim to the severity of an Alpine climate,[30] to which he was unaccustomed, and the privations of a close confinement. The deed has been often quoted and referred to as one of the worst actions of Buonaparte, who ought, if not in justice, in generosity at least, to have had compassion on the man, whose fortunes bore, in many respects, a strong similarity to his own. It afforded but too strong a proof, that though humanity was often in Napoleon's mouth, and sometimes displayed in his actions, yet its maxims were seldom found sufficient to protect those whom he disliked or feared, from the fate which tyranny most willingly assigns to its victims, that of being silently removed from the living world, and enclosed in their prison as in a tomb, from which no complaints can be heard, and where they are to await the slow approach of death, like men who are literally buried alive.

The perfidy with which the French had conducted themselves towards Toussaint, was visited by early vengeance. That scourge of Europeans, the yellow fever, broke out among their troops, and in an incredible short space of time, swept off General Leclerc,[31] with many of his best officers and bravest soldiers. The negroes, incensed at the conduct of the governor towards Toussaint, and encouraged by the sickly condition of the French army, rose upon them in every quarter. A species of war ensued, of which we are thankful it is not our task to trace the deplorable and ghastly particulars. The cruelty which was perhaps to be expected in the savage Africans, just broke loose from the bondage of slavery, communicated itself to the civilized French. If the former tore out their prisoners' eyes with cork-screws, the latter drowned their captives by hundreds, which imitation of Carrier's republican baptism they called "deportation into the sea." On other occasions, numerous bodies of negroes were confined in hulks, and there smothered to death with the fumes of lighted sulphur. The issue of this hellish warfare was, that the cruelty of the French enraged, instead of terrifying their savage antagonists; and at length, that the numbers of the former, diminished by disease and constant skirmishing, became unequal to the defence even of the garrison towns of the island, much more so to the task of reconquering it. General Rochambeau, who succeeded Leclerc as commander-in-chief, was finally obliged to save the poor wreck of that fine army, by submitting at discretion to an English squadron, 1st December 1803. Thus was the richest colony in the West Indies finally lost to France.[32] Remaining entirely in the possession of the black population, St. Domingo will show, in process of time, how far the natives of Africa, having European civilisation within their reach, are capable of forming a state, governed by the usual rules of polity.

While Buonaparte made these strong efforts for repossessing France in this fine colony, it was not to be supposed that he was neglecting the establishment of his own power upon a more firm basis. His present situation was—like every other in life—considerably short of what he could have desired, though so infinitely superior to all that his most unreasonable wishes could at one time have aspired to. He had all the real power of royalty, and, since the settlement of his authority for life, he had daily assumed more of the pomp and circumstance with which sovereignty is usually invested. The Tuileries were once more surrounded with guards without, and filled by levees within. The ceremonial of a court was revived, and Buonaparte, judging of mankind with accuracy, neglected no minute observance by which the princes of the earth are wont to enforce their authority. Still there remained much to be done. He held the sovereignty only in the nature of a life-rent. He could, indeed, dispose of it by will, but the last wills even of kings have been frequently set aside; and, at any rate, the privilege comes short of that belonging to an hereditary crown, which descends, by the right of blood, from one possessor to another, so that, in one sense, it may be said to confer on the dynasty a species of immortality. Buonaparte knew also the virtue of names. The title of chief consul did not necessarily infer sovereign rights—it might signify every thing, or it might signify nothing—in common language, it inferred alike one of the annual executive governors of the Roman Republic, whose fasces swayed the world, or the petty resident who presides over commercial affairs in a foreign seaport. There were no precise ideas of power or rights necessarily and unalienably connected with it. Besides, Buonaparte had other objections to his present title of dignity. The title of first consul implied, that there were two others,—far, indeed, from being co-ordinate with Napoleon, but yet who occupied a higher rank on the steps of the throne, and approached his person more nearly than he could have desired. Again, the word reminded the hearer, even by the new mode of its application, that it belonged to a government of recent establishment, and of revolutionary origin, and Napoleon did not wish to present such ideas to the public mind; since that which was but lately erected might be easily destroyed, and that which last arose out of the revolutionary cauldron might, like the phantoms which had preceded it, give place in its turn to an apparition more potent. Policy seemed to recommend to him, to have recourse to the ancient model which Europe had been long accustomed to reverence; to adopt the form of government best known and longest established through the greater part of the world; and, assuming the title and rights of a monarch, to take his place among the ancient and recognised authorities of Europe.

It was necessary to proceed with the utmost caution in this innovation, which, whenever accomplished, must necessarily involve the French people in the notable inconsistency, of having murdered the descendant of their old princes, committed a thousand crimes, and suffered under a mass of misery, merely because they were resolved not to permit the existence of that crown, which was now to be placed on the head of a soldier of fortune. Before, therefore, he could venture on this bold measure, in which, were it but for very shame's sake, he must be certain of great opposition, Buonaparte endeavoured, by every means in his power, to strengthen himself in his government.

The army was carefully new-modelled, so as to make it as much as possible his own; and the French soldiers, who regarded the power of Buonaparte as the fruit of their own victories, were in general devoted to his cause, notwithstanding the fame of Moreau, to whom a certain part of their number still adhered. The consular guard, a highly privileged body of select forces, was augmented to the number of six thousand men. These formidable legions, which included troops of every species of arms, had been gradually formed and increased upon the plan of the corps of guides which Buonaparte introduced during the first Italian campaigns, for immediate attendance on his person and for preventing such accidents as once or twice had like to have befallen him, by unexpected encounters with flying parties of the enemy. But the guards, as now increased in numbers, had a duty much more extended. They were chosen men, taught to consider themselves as superior to the rest of the army, and enjoying advantages in pay and privileges. When the other troops were subject to privations, care was taken that the guards should experience as little of them as possible, and that by every possible exertion they should be kept in the highest degree of readiness for action. They were only employed upon service of the utmost importance, and seldom in the beginning of an engagement, when they remained in reserve under the eye of Napoleon himself. It was usually by means of his guard that the final and decisive exertion was made which marked Buonaparte's tactics, and so often achieved victory at the very crisis when it seemed inclining to the enemy. Regarding themselves as considerably superior to the other soldiers, and accustomed also to be under Napoleon's immediate command, his guards were devotedly attached to him; and a body of troops of such high character might be considered as a formidable bulwark around the throne which he meditated ascending.

The attachment of these chosen legions, and of his soldiers in general, formed the foundation of Buonaparte's power, who, of all sovereigns that ever mounted to authority, might be said to reign by dint of victory and of his sword. But he surrounded himself by another species of partisans. The Legion of Honour was destined to form a distinct and particular class of privileged individuals, whom, by honours and bounties bestowed on them, he resolved to bind to his own interest.

This institution, which attained considerable political importance, originated in the custom which Napoleon had early introduced, of conferring on soldiers, of whatever rank, a sword, fusee, or other military weapon, in the name of the state, as acknowledging and commemorating some act of peculiar gallantry. The influence of such public rewards was of course very great. They encouraged those who had received them to make every effort to preserve the character which they had thus gained, while they awakened the emulation of hundreds and thousands who desired similar marks of distinction. Buonaparte now formed the project of embodying the persons who had merited such rewards into an association, similar in many respects to those orders, or brotherhoods of chivalry, with which, during the middle ages, the feudal sovereigns of Europe surrounded themselves, and which subsist to this day, though in a changed and modified form. These, however, have been uniformly created on the feudal principles, and the honour they confer limited, or supposed to be limited, to persons of some rank and condition: but the scheme of Buonaparte was to extend this species of honourable distinction through all ranks, in the quality proper to each, as medals to be distributed among various classes of the community are struck upon metals of different value, but are all stamped with the same dye.[33] The outlines of the institution were these:—

The Legion of Honour was to consist of a great council of administration and fifteen cohorts, each of which was to have its own separate headquarters, in some distinguished town of the Republic. The council of administration was to consist of the three consuls, and four other members; a senator, namely, a member of the Legislative Body, a member of the Tribunate, and one of the Council of State, each to be chosen by the body to which he belonged. The order might be acquired by distinguished merit, either of a civil or a military nature; and various rules were laid down for the mode of selecting the members. The first consul was, in right of his office, captain-general of the legion, and president of the council of administration. Every cohort was to consist of seven grand officers, twenty commanders, thirty subaltern officers, and three hundred and fifty legionaries. Their nomination was for life, and their appointments considerable. The grand officers enjoyed a yearly pension of 5000 francs; the commanders, 2500; the officers, 1000 francs; the privates, or legionaries, 250. They were to swear upon their honour to defend the government of France, and maintain the inviolability of her empire; to combat, by every lawful means, against the re-establishment of the feudal institutions; and to concur in maintaining the principles of liberty and equality.

Notwithstanding these last words, containing, when properly understood, the highest political and moral truth, but employed in France originally to cover the most abominable cruelties, and used more lately as mere words of course, the friends of liberty were not to be blinded, regarding the purpose of this new institution. Their number was now much limited; but amidst their weakness they had listened to the lessons of prudence and experience, and abandoning these high-swoln, illusory, and absurd pretensions, which had created such general disturbance, seem to have set themselves seriously, and at the same time moderately to work, to protect the cause of practical and useful freedom, by such resistance as the constitution still permitted them to offer, by means of the Tribunate and the Legislative Body.

Among the statesmen who associated to form an Opposition, which, on the principle of the constitutional Opposition of England, were to act towards the executive government rather as to an erring friend, whom they desired to put right, than as an enemy, whom they meant to destroy, were Benjamin Constant, early distinguished by talent and eloquence, Chenier, author of the hymn of the Marseilloise, Savoye-Rollin, Chauvelin, and others, among whose names that of Carnot was most distinguished. These statesmen had learned apparently, that it is better in human affairs to aim at that minor degree of good which is practicable, than to aspire to a perfection which is unattainable. In the opinion of most of them, the government of Buonaparte was a necessary evil, without which, or something of the same strength, to control the factions by which she was torn to pieces, France must have continued to be a prey to a succession of such anarchical governments as had already almost ruined her. They, therefore, entertained none of the usual views of conspirators. They considered the country as in the condition of a wounded warrior, compelled for a short time to lay aside her privileges, as he his armour; but they hoped, when France had renewed her strength and spirit by an interval of repose, they might see her, under better auspices than before, renew and assert her claims to be free from military law. Meantime, they held it their duty, professing, at the same time, the highest respect to the government and its head, the first consul, to keep alive as far as was permitted the spirit of the country, and oppose the encroachments of its ruler. They were not long allowed to follow the practical and useful path which they had sketched out; but the French debates were never so decently or respectably conducted as during this period.

The opposition, as they may be called, had not objected to the reappointment of Buonaparte to the Consulate for life. Probably they were reluctant to have the appearance of giving him personal offence, were aware they would be too feebly supported, and were sensible, that struggling for a point which could not be attained, was unlikely to lead to any good practical results. The institution of the Legion of Honour offered a better chance to try their new opposition tactics.

Roederer, the orator by whom the measure was proposed to the Tribunate, endeavoured to place it in the most favourable light. It was founded, he said, upon the eighty-seventh article of the Constitutional Declaration, which provided that national recompenses should be conferred on those soldiers who had distinguished themselves in their country's service. He represented the proposed order as a moral institution, calculated to raise to the highest the patriotism and gallantry of the French people. It was a coin, he said, of a value different from, and far more precious than that which was issued from the treasury—a treasure of a quality which could not be debased, and of a quantity which was inexhaustible, since the mine consisted in the national sense of honour.

To this specious argument, it was replied by Rollin and others, that the law was of a nature dangerous to public liberty. It was an abuse, they said, of the constitutional article, on which it was alleged to be founded, since it exhausted at once, by the creation of a numerous corps, the stock of rewards which the article referred to held in frugal reserve, to recompense great actions as they should occur. If everything was given to remunerate merits which had been already ascertained, what stock, it was asked, remained for compensating future actions of gallantry, excepting the chance of a tardy admission into the corps as vacancies should occur? But especially it was pleaded, that the establishment of a military body, distinguished by high privileges and considerable pay, yet distinct and differing from all the other national forces, was a direct violation of the sacred principles of equality. Some reprobated the intermixture of the civil officers of the state in a military institution. Others were of opinion that the oath proposed to be taken was superfluous, if not ridiculous; since, how could the members of the Legion of Honour be more bound to serve the state, or watch over the constitution, than any other citizens; or, in what manner was it proposed they should exert themselves for that purpose? Other arguments were urged; but that which all felt to be the most cogent, was rather understood than even hinted at. This was the immense additional strength which the first consul must attain, by having at his command the distribution of the new honours, and being thus enabled to form a body of satellites entirely dependent upon himself, and carefully selected from the bravest and ablest within the realm.

The institution of the Legion of Honour was at length carried in the Tribunate, by a majority of fifty-six voices over thirty-eight, and sanctioned in the Legislative Body by one hundred and sixty-six over an hundred and ten. The strong divisions of the opposition on this trying question, showed high spirit in those who composed that party; but they were placed in a situation so insulated and separated from the public, so utterly deprived of all constitutional guarantees for the protection of freedom, that their resistance, however honourable to themselves, was totally ineffectual, and without advantage to the nation.[34]

Meanwhile, Buonaparte was deeply engaged in intrigues of a different character, by means of which he hoped to place the sovereign authority which he had acquired, on a footing less anomalous, and more corresponding with that of the other monarchs in Europe, than it was at present. For this purpose an overture was made by the Prussian minister Haugwitz, through the medium of M. de Meyer, President of the Regency of Warsaw, proposing to the Comte de Provence (since Louis XVIII.,) that he should resign his rights to the crown of France to the successful general who occupied the throne, in which case the exiled princes were to be invested with dominions in Italy, and restored to a brilliant existence. The answer of Louis was marked at once by moderation, sense, and that firmness of character which corresponded with his illustrious birth and high pretensions. "I do not confound Monsieur Buonaparte," said the exiled monarch, "with those who have preceded him; I esteem his bravery and military talents; I owe him good-will for many acts of his government, for the good which is done to my people I will always esteem done to me. But he is mistaken if he thinks that my rights can be made the subjects of bargain and composition. The very step he is now adopting would go to establish them, could they be otherwise called in question. I know not what may be the designs of God for myself and my family, but I am not ignorant of the duties imposed on me by the rank in which it was his pleasure I should be born. As a Christian, I will fulfil those duties to my last breath. As a descendant of Saint Louis, I will know by his example how to respect myself, even were I in fetters. As the successor of Francis the First, I will at least have it to say with him, 'We have lost all excepting our honour!'"

Such is the account which has been uniformly given by the Princes of the House of Bourbon, concerning this communication, which is said to have taken place on the 26th February, 1803.[35] Buonaparte has, indeed, denied that he was accessory to any such transaction, and has said truly enough, that an endeavour to acquire an interest in the Bourbon's title by compromise, would have been an admission on his part that his own, flowing, as he alleged, from the people, was imperfect, and needed repairs. Therefore, he denied having taken any step which could, in its consequences, have inferred such an admission.

But, in the first place, it is not to be supposed that such a treaty would have been published by the Bourbon family, unless it had been proposed by Meyer; and it is equally unlikely that either Haugwitz or Meyer would have ventured on such a negotiation, excepting at the instigation of Buonaparte, who alone could make good the terms proposed on the one side, or derive advantage from the concessions stipulated on the other. Secondly, without stopping to inquire how far the title which Buonaparte pretended to the supreme authority, was of a character incapable of being improved by a cession of the Comte de Provence's rights in his favour, it would still have continued an object of great political consequence to have obtained a surrender of the claims of the House of Bourbon, which were even yet acknowledged by a very considerable party within the kingdom. It was, therefore, worth while to venture upon a negotiation which might have had the most important results, although, when it proved fruitless, we can see strong reasons for Napoleon concealing and disowning his accession to a step, which might be construed as implying some sense of deficiency of his own title, and some degree of recognition of that of the exiled prince.

It may be remarked, that, up to this period, Napoleon had manifested no particular spleen towards the family of Bourbon. On the contrary, he had treated their followers with lenity, and spoken with decency of their own claims. But the rejection of the treaty with Monsieur Buonaparte, however moderately worded, has been reasonably supposed to have had a deep effect on his mind, and may have been one remote cause of a tragedy, for which it is impossible to find an adequate one—the murder, namely, of the Duke d'Enghien. But, before we approach this melancholy part of Napoleon's history, it is proper to trace the events which succeeded the renewal of the war.