Вальтер Скотт
Life of Napoleon Bonaparte. Volume II
THE HAUTE POLICE
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.
THE POLICE
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.
THE CONCORDAT
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 letter618 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. Portalis620 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
PUBLIC EDUCATION
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.