Part 437

"The concordat was succeeded by the emigrants' recall, which resolution was presented and passed April 26. The irrevocability of the sale of national property was again established, and amnesty granted to all emigrants but the leaders of armed forces, and some few whose offences were specially grave. The property of emigrants remaining unsold was restored, excepting forests, which Bonaparte reserved to be gradually returned as bribes to great families. … Two important projects were presented to the Tribunal and Legislative Corps, the Legion of Honor, and free schools. The Convention awarded prizes to the troops for special acts of daring, and the First Consul increased and arranged the distribution, but that was not enough: he wanted a vast system of rewards, adapted to excite amour propre, repay service, and give him a new and potent means of influencing civilians as well as soldiers. He therefore conceived the idea of the Legion of Honor, embracing all kinds of service and title to public distinction. … But this plan for forming an order of chivalry was contested even by the Council of State as offensive to that equality which its members were to defend [under the oath prescribed to the Legion], and as a renewal of aristocracy. It only passed the Tribunal and Legislative Corps by a very small majority, and this after the removal of so many of the opposition party. The institution of the Legion of Honor was specious, and, despite the opposition it met within its early days, suits a people who love distinction, despite their passion for equality, provided it be not hereditary. As for the educational scheme, it was wretched, doing absolutely nothing for the primary schools. The state had no share in it. The Commune was to provide the buildings when the pupils could pay a teacher, thus forsaking the plans of the great assemblies. The wisest statesmen desired to sustain in an improved form the central schools founded by the Convention; but Bonaparte meant to substitute barracks to educate young men for his service. … He diminished scientific study; suppressed history and philosophy, which were incompatible with despotism; and completed his system of secondary instruction by creating 6,000 scholarships, to be used as means of influence, like the ribbon of the Legion of Honor. … All his measures succeeded, and yet he was not content: he wanted to extend his power. … Cambacérès … , when the Amiens treaty was presented to the Tribunal and Legislature, … proposed, through the president of the former, that the Senate should be invited to give the First Consul some token of national gratitude (May 6, 1802). … The Senate only voted to prolong the First Consul's power for ten years (May 8), with but one protesting voice, that of Lanjuinais, who denounced the flagrant usurpation that threatened the Republic. This was the last echo of the Gironde ringing through the tame assemblies of the Consulate. Bonaparte was very angry, having expected more; but Cambacérès' calmed him and suggested a mode of evading the question, namely, to reply that an extension of power could only be granted by the people, and then to make the Council of State dictate the formula to be submitted to the people, substituting a life consulate for ten years. This was accordingly done. … The Council of State even added the First Consul's right to name his successor. This he thought premature and likely to make trouble, and therefore erased it. … Registers were opened at the record offices and mayoralties to receive votes, and there were three million and a half votes in the affirmative; a few thousand only daring to refuse, and many abstaining from voting. La Fayette registered a 'no' … and sent the First Consul a noble letter. … La Fayette then ceased the relations he had hitherto maintained with the First Consul since his return to France. … The Senate counted the popular vote on the proposal they did not make, and carried the result to the Tuileries in a body, August 8, 1802; and the result was proclaimed in the form of a Senatus-Consultum, in these terms: 'The French people name and the Senate proclaim Napoleon Bonaparte First Consul for life.' This was the first official use of the prenomen Napoleon, which was soon, in conformity with royal custom, to be substituted for the family name of Bonaparte. … The next day various modifications of the Constitution were offered to the Council of State. … The Senate were given the right to interpret and complete the Constitution, to dissolve the Legislature and Tribunal, and, what was even more, to break the judgment of tribunals, thus subordinating justice to policy. But these extravagant prerogatives could only be used at the request of the government, The Senate was limited to 120 members, 40 of whom the First Consul was to elect. The Tribunal was reduced to 50 members, and condemned to discuss with closed doors, divided into sections. … Despotism concentrated more and more. Bonaparte took back his refusal to choose his successor, and now claimed that right. He also formed a civil list of six millions. … The Senate agreed to everything, and the Senatus-Consultum was published August 5. … The Republic was now but a name; … Early in 1808 things grew dark on the English shore," and "the loss of San Domingo [to which Bonaparte had sent an expedition at the beginning of 1801] seemed inevitable [see HAYTI: A. D. 1682-1808]. While making this expedition, doomed to so fatal an end, Bonaparte continued his haughty policy on the European continent. By article second of the Luneville treaty France and Austria mutually guaranteed the independence of the Dutch, Swiss, Cisalpine, and Ligurian republics, and their freedom in the adoption of whatever form of government they saw fit to choose. {1337} Bonaparte interpreted this article by substituting for independence his own more or less direct rule in those republics. … During the negotiations preceding the Amiens treaty he stirred up a revolution in Holland. That country had a Directory and two Chambers, as in the French Constitution of year III., and he wished to impose a new constitution on the Chambers, putting them more into his power; they refused, and he expelled them by means of the Directory, whom he had won over to his side. The Dutch Directory, in this imitation of November 9, was sustained by French troops, occupying Holland under Augereau, now reconciled to Bonaparte (September, 1801). The new Constitution was put to popular vote. A certain number voted against it. The majority did not vote. Silence was taken for consent, and the new Constitution was proclaimed October 17, 1801. … The English government protested, but did not resist. At the same time he [Bonaparte] imposed on the Cisalpine republic, but without conflict or opposition, a constitution even more anti-liberal than the French one of year VIII.; the president who there replaced the First Consul having supreme power. But who was to be that President? The Cisalpines for an instant were simple enough to think that they could choose an Italian: they decided on Count Melzi, well known in the Milanese. They were soon undeceived, when Bonaparte called Cisalpine delegates to Lyons in midwinter. These delegates were landowners, scholars, and merchants, some hundreds in number, and his agents explained to them that none but Bonaparte 'was worthy to govern their republic or able to maintain it.' They eagerly offered him the presidency, which he accepted in lofty terms, and took Melzi for vice-president (January 25, 1802). Italian patriots were consoled for this subjection by the change of name from Cisalpine to Italian Republic, which seemed to promise the unity of Italy. Bonaparte threw out this hope, never meaning to gratify it. … He acted as master in Switzerland as well as Italy and Holland. Since Switzerland had ceased to be the scene of war, she had been given over to agitation, fluctuating between revolutionary democracy and the old aristocracy joined to the retrograde democracy of the small Catholic cantons. Modern democracy was at strife with itself. … Bonaparte encouraged the strife, that Switzerland might call him in as arbiter. Suddenly, late in July, 1802, he withdrew his troops, which had occupied Switzerland ever since 1798. Civil war broke out at once; the smaller Catholic cantons and the aristocrats of Berne and Zurich overthrew the government established at Berne by the moderate democrats. The government retired to Lausanne, and the country was thus divided. Bonaparte then announced that he would not suffer a Swiss counter-revolution, and that if the parties could not agree he must mediate between them. He summoned the insurrectional powers of Berne to dissolve, and invited all citizens who had held office in the central Swiss government within three years, to meet at Paris and confer with him, announcing that 30,000 men under General Ney were ready to support his mediation. The democratic government at Lausanne were willing to receive the French; the aristocratic government at Berne, anxious to restore the Austrians, appealed to European powers, who replied by silence, England only protesting against French interference. … Bonaparte responded to the English protest by so extraordinary a letter that his charge d'Affaires at London dared not communicate it verbatim. It said that, if England succeeded in drawing the continental powers into her cause, the result would be to force France to 'conquer Europe! Who knows how long it would take the First-Consul to revive the Empire of the West?' (October 23, 1802). … There was slight resistance to Ney's troops in Switzerland. All the politicians of the new democracy and some of the aristocrats went to Paris at the First Consul's summons. He did not treat their country as he had Holland and Italy, but gave her, instead, a vain show of institutions, a constitution imposing on the different parties a specious compromise. … Switzerland was dependent on France in regard to general policy, and was bound to furnish her with troops; but, at least, she administered her own affairs (January, 1803)."

_H. Martin, Popular History of France from the First Revolution, volume 2, chapters 8-9._

ALSO IN: _F. C. Schlosser, History of the 18th Century, volume 7, pages 286-302._

_Mrs. L. Hug and R. Stead, Story of Switzerland, chapters 30-31._

_C. Botta, Italy during the Consulate and Empire of Napoleon, chapter 3._

_M. Bourrienne, Private Memoirs of Napoleon, volume 2, chapters 20-26._

_Duchess D' Abrantes, Memoirs of Napoleon, volume 1, chapter 80._

_Count M. Dumas, Memoirs, chapter 9 (volume 2)._

_H. A. Taine, The Modern Regime, volume 1, book 3, chapter 3._

FRANCE: A. D. 1801-1804. The Civil Code and the Concordat.

"Four years of peace separated the Treaty of Luneville from the next outbreak of war between France and any Continental Power. They were years of the extension of French influence in every neighbouring State; in France itself, years of the consolidation of Bonaparte's power, and of the decline of everything that checked his personal rule. … Among the institutions which date from this period, two, equally associated with the name of Napoleon, have taken a prominent place in history, the Civil Code and the Concordat. Since the middle of the 18th century the codification of law had been pursued with more or less success by almost every Government in the western continent. The Constituent Assembly of 1789 had ordered the statutes by which it superseded the variety of local customs in France to be thus cast into a systematic form. … Bonaparte instinctively threw himself into a task so congenial to his own systematizing spirit, and stimulated the efforts of the best jurists in France by his own personal interest and pride in the work of legislation. A Commission of lawyers, appointed by the First Consul, presented the successive chapters of a Civil Code to the Council of State. In the discussions in the Council of State Bonaparte himself took an active, though not always a beneficial, part. … In March, 1804, France received the Code which, with few alterations, has formed from that time to the present the basis of its civil rights. … It is probable that a majority of the inhabitants of Western Europe believe that Napoleon actually invented the laws which bear his name. As a matter of fact, the substance of these laws was fixed by the successive Assemblies of the Revolution; and, in the final revision which produced the Civil Code, Napoleon appears to have originated neither more nor less than several of the members of his Council whose names have long been forgotten. {1338} He is unquestionably entitled to the honour of a great legislator, not, however, as one who, like Solon or like Mahomet, himself created a new body of law. … Four other Codes, appearing at intervals from the year 1804 to the year 1810, embodied, in a corresponding form, the Law of Commerce, the Criminal Law, and the Rules of Civil and of Criminal Process. … Far more distinctively the work of Napoleon himself was the reconciliation with the Church of Rome effected by the Concordat [July, 1801]. It was a restoration of religion similar to that restoration of political order which made the public service the engine of a single will. The bishops and priests, whose appointment the Concordat transferred from their congregations to the Government, were as much instruments of the First Consul as his prefects and his gensdarmes. … An alliance with the Pope offered to Bonaparte the means of supplanting the popular organisation of the Constitutional Church by an imposing hierarchy, rigid in its orthodoxy and unquestioning in its devotion to himself. In return for the consecration of his own rule, Bonaparte did not shrink from inviting the Pope to an exercise of authority such as the Holy See had never even claimed in France. The whole of the existing French Bishops, both the exiled non-jurors and those of the Constitutional Church, were summoned to resign their sees into the hands of the Pope; against all who refused to do so sentence of deposition was pronounced by the Pontiff. … The sees were reorganised, and filled up by nominees of the First Consul. The position of the great body of the clergy was substantially altered in its relation to the Bishops. Episcopal power was made despotic, like all other powers in France. … In the greater cycle of religious change, the Concordat of Bonaparte appears in another light. … It converted the Catholicism of France from a faith already far more independent than that of Fénélon and Bossuet into the Catholicism which in our day has outstripped the bigotry of Spain and Austria in welcoming the dogma of Papal infallibility."

_C. A. Fyffe, History of Modern Europe, volume 1, chapter 5._

"It is … easy, from the official reports which have been preserved, to see what part the First Consul took in the framing of the Civil Code. While we recognise that his intervention was advantageous on some minor points, … we must say that his views on the subjects of legislation in which this intervention was most conspicuous, were most often inspired by suggestions of personal interest, or by political considerations which ought to have no weight with the legislator. … Bonaparte came by degrees to consider himself the principal creator of a collective work to which he contributed little more than his name, and which probably would have been much better if the suggestions of a man of action and executive authority had not been blended with the views, necessarily more disinterested, larger and more humane, of the eminent jurisconsults whose glory he tried to usurp."

_P. Lanfrey, History of Napoleon, volume 2, chapter 5._

ALSO IN: _A. Thiers, History of the Consulate and the Empire, volume 1, books 12-14._

_W. H. Jervis, History of the Church of France, volume 2, chapter 11._

_J. E. Darras, General History of the Catholic Church, volume 4, pages 547-554._

_The Code Napoleon, translated by Richards._

FRANCE: A. D. 1802. Fourcroy's education law.

See EDUCATION, MODERN: EUROPEAN COUNTRIES, FRANCE: A. D. 1565-1802.

FRANCE: A. D. 1802 (August-September). Annexation of Piedmont, Parma, and the Isle of Elba.

A "flagrant act of the First Consul's at this time was the seizure and annexation of Piedmont. Although that country was reconquered by the Austro-Russian army in 1799, the-King of Sardinia had not been restored when, by the battle of Marengo, it came again into the possession of the French. Bonaparte then united part of it to the Cisalpine Republic, and promised to erect the rest into a separate State; but he afterwards changed his mind; and by a decree of April 20th 1801, ordered that Piedmont should form a military division of France. … Charles Emanuel, disgusted with the injustice and insults to which he was exposed, having abdicated his throne in favour of his brother Victor Emanuel, Duke of Aosta, June 4th 1802, Bonaparte … caused that part of Piedmont which had not been united to the Italian Republic to be annexed to France, as the 27th Military Department, by a formal Senatus-Consulte of September 11th 1802. A little after, October 11th, on the death of Ferdinand de Bourbon, Duke of Parma, father of the King of Etruria, that duchy was also seized by the rapacious French Republic. The isle of Elba had also been united to France by a Senatus-Consulte of August 26th."

_T. H. Dyer, History of Modern Europe, book 7, chapter 11 (volume 4)._

ALSO IN: _A. Gallenga, History of Piedmont, volume 3, chapter 5._

FRANCE: A. D. 1802-1803. Complaints against the English press. The Peltier trial. The First Consul's rage. War declared by Great Britain. Detention of all the English in France, Italy, Switzerland and the Netherlands. Occupation of Hanover.