Sieyes, after the success of the 30th Prairial, laboured to destroy what yet remained of the government of the year III., in order to establish the legal system on another plan. He was whimsical and systematic; but he had the faculty of judging surely of situations. He re-entered upon the scene of the revolution of a singular epoch, with the intention of strengthening it by a definitive const.i.tution. After having co-operated in the princ.i.p.al changes of 1789, by his motion of the 17 of June, which transformed the states-general into a national a.s.sembly, and by his plan of internal organization, which subst.i.tuted departments for provinces, he had remained pa.s.sive and silent during the subsequent interval. He waited till the period of public defence should again give place to inst.i.tutions.

Appointed, under the directory, to the emba.s.sy at Berlin, the neutrality of Prussia was attributed to his efforts. On his return, he accepted the office of director, hitherto refused by him, because Rewbell was leaving the government, and he thought that parties were sufficiently weary to undertake a definitive pacification, and the establishment of liberty.

With this object, he placed his reliance on Roger-Ducos in the directory, on the council of ancients in the legislature, and without, on the ma.s.s of moderate men and the middle-cla.s.s, who, after desiring laws, merely as a novelty, now desired repose as a novelty. This party sought for a strong and secure government, which should have no past, no enmities, and which thenceforward might satisfy all opinions and interests. As all that had been dene, from the 14th of July till the 9th Thermidor, by the people, in connexion with a part of the government, had been done since the 13th Vendemiaire by the soldiers, Sieyes was in want of a general. He cast his eyes upon Joubert, who was put at the head of the army of Italy, in order that he might gain by his victories, and by the deliverance of Italy, a great political importance.

The const.i.tution of the year III. was, however, still supported by the two directors, Gohier and Moulins, the council of five hundred, and without, by the party of the _Manege_. The decided republicans had formed a club that held its sittings in that hall where had sat the first of our a.s.semblies. The new club, formed from the remains of that of Salm, before the 18th Fructidor; of that of the Pantheon, at the beginning of the directory; and of the old society of the Jacobins, enthusiastically professed republican principles, but not the democratic opinions of the inferior cla.s.s. Each of these parties also had a share in the ministry which had been renewed at the same time as the directory. Cambaceres had the department of justice; Quinette, the home department; Reinhard, who had been temporarily placed in office during the ministerial interregnum of Talleyrand, was minister of foreign affairs; Robert Lindet was minister of finance, Bourdon (of Vatry) of the navy, Bernadotte of war, Bourguignon, soon afterwards replaced by Fouche (of Nantes), of police.

This time Barras remained neutral between the two divisions of the legislature, of the directory and of the ministry. Seeing that matters were coming to a more considerable change than that of the 30th Prairial, he, an ex-n.o.ble, thought that the decline of the republic would lead to the restoration of the Bourbons, and he treated with the Pretender Louis XVIII. It seems that, in negotiating the restoration of the monarchy by his agent, David Monnier, he was not forgetful of himself. Barras espoused nothing from conviction, and always sided with the party which had the greatest chance of victory. A democratic member of the Mountain on the 31st of May; a reactionary member of the Mountain on the 9th Thermidor; a revolutionary director against the royalists on the 18th Fructidor; extreme republican director against his old colleagues on the 30th Prairial; he now became a royalist director against the government of the year III.

The faction disconcerted by the 18th Fructidor and the peace of the Continent, had also gained courage. The military successes of the new coalition, the law of compulsory loans and that of hostages, which had compelled every emigrant family to give guarantees to government, had made the royalists of the south and west again take up arms. They reappeared in bands, which daily became more formidable, and revived the petty but disastrous warfare of the Chouans. They awaited the arrival of the Russians, and looked forward to the speedy restoration of the monarchy.

This was a moment of fresh compet.i.tion with every party. Each aspired to the inheritance of the dying const.i.tution, as they had done at the close of the convention. In France, people are warned by a kind of political odour that a government is dying, and all parties rush to be in at the death.

Fortunately for the republic, the war changed its aspect on the two princ.i.p.al frontiers of the Upper and Lower Rhine. The allies, after having acquired Italy, wished to enter France by Switzerland and Holland; but generals Ma.s.sena and Brune arrested their hitherto victorious progress.

Ma.s.sena advanced against Korsakov and Suvorov. During twelve days of great combinations and consecutive victories, hastening in turns from Constance to Zurich, he repelled the efforts of the Russians, forced them to retreat, and disorganized the coalition. Brune also defeated the duke of York in Holland, obliged him to re-embark, and to renounce his attempted invasion. The army of Italy alone had been less fortunate. It had lost its general, Joubert, killed at the battle of Novi, while leading a charge on the Austro-Russians. But this frontier, which was at a distance from the centre of action, despite the defeat of Novi, was not crossed, and Championnet ably defended it. It was soon to be repa.s.sed by the republican troops, who, after each resumption of arms, having been for a moment beaten, soon regained their superiority and recommenced their victories.

Europe, by giving additional exercise to the military power, by its repeated attacks, rendered it each time more triumphant.

But at home nothing was changed. Divisions, discontent, and anxiety were the same as before. The struggle between the moderate republicans and the extreme republicans had become more determined. Sieyes pursued his projects against the latter. In the Champ-de-Mars, on the 10th of August, he a.s.sailed the Jacobins. Lucien Bonaparte, who had much influence in the council of five hundred, from his character, his talents, and the military importance of the conqueror of Italy and of Egypt, drew in that a.s.sembly a fearful picture of the reign of terror, and said that France was threatened with its return. About the same time, Sieyes caused Bernadotte to be dismissed, and Fouche, in concert with him, closed the meetings of the Manege. The mult.i.tude, to whom it is only necessary to present the phantom of the past to inspire it with fear, sided with the moderate party, dreading the return of the reign of terror; and the extreme republicans failed in their endeavour to declare _la patrie en danger_, as they had done at the close of the legislative a.s.sembly. But Sieyes, after having lost Joubert, sought for a general who could enter into his designs, and who would protect the republic, without becoming its oppressor. Hoche had been dead more than a year. Moreau had given rise to suspicion by his equivocal conduct to the directory before the 18th Fructidor, and by the sudden denunciation of his old friend Pichegru, whose treason he had kept secret for a whole year; Ma.s.sena was not a political general; Bernadotte and Jourdan were devoted to the party of the Manege; Sieyes was compelled to postpone his scheme for want of a suitable agent.

Bonaparte had learned in the east, from his brother Lucien and a few other friends, the state of affairs in France, and the decline of the directorial government. His expedition had been brilliant, but without results. After having defeated the Mamelukes, and ruined their power in Upper and Lower Egypt, he had advanced into Syria; but the failure of the siege of Acre had compelled him to return to his first conquest. There, after defeating an Ottoman army on the coast of Aboukir, so fatal to the French fleet the preceding year, he decided on leaving that land of exile and fame, in order to turn the new crisis in France to his own elevation.

He left general Kleber to command the army of the east, and crossed the Mediterranean, then covered with English ships, in a frigate. He disembarked at Frejus, on the 7th Vendemiaire, year VIII. (9th October, 1799), nineteen days after the battle of Berghen, gained by Brune over the Anglo-Russians under the duke of York, and fourteen days after that of Zurich, gained by Ma.s.sena over the Austro-Russians under Korsakov and Suvorov. He traversed France, from the sh.o.r.e of the Mediterranean to Paris, in triumph. His expedition, almost fabulous, had struck the public mind with surprise, and had still more increased the great renown he had acquired by the conquest of Italy. These two enterprises had raised him above all the other generals of the republic. The distance of the theatre upon which he had fought enabled him to begin his career of independence and authority. A victorious general, an acknowledged and obeyed negotiator, a creator of republics, he had treated all interests with skill, all creeds with moderation. Preparing afar off his ambitious destiny, he had not made himself subservient to any system, and had managed all parties so as to work his elevation with their a.s.sent. He had entertained this idea of usurpation since his victories in Italy. On the 18th Fructidor, had the directory been conquered by the councils, he purposed marching against the latter with his army and seizing the protectorate of the republic. After the 18th Fructidor; finding the directory too powerful, and the inactivity of the continent too dangerous for him, he accepted the expedition to Egypt, that he might not fall, and might not be forgotten. At the news of the disorganization of the directory, on the 30th Prairial, he repaired with haste to the scene of events.

His arrival excited the enthusiasm of the moderate ma.s.ses of the nation.

He received general congratulations, and every party contended for his favour. Generals, directors, deputies, and even the republicans of the Manege, waited on and tried to sound him. Fetes and banquets were given in his honour. His manners were grave, simple, cool, and observing; he had already a tone of condescending familiarity and involuntary habits of command. Notwithstanding his want of earnestness and openness, he had an air of self-possession, and it was easy to read in him an after-thought of conspiracy. Without uttering his design, he allowed it to be guessed; because a thing must always be expected in order to be accomplished. He could not seek supporters in the republicans of the Manege, as they neither wished for a coup-d'etat nor for a dictator; and Sieyes feared that he was too ambitious to fall in with his const.i.tutional views. Hence Sieyes hesitated to open his mind to Bonaparte, but, urged by their mutual friends, they at length met and concerted together. On the 15th Brumaire, they determined on their plan of attack on the const.i.tution of the year III, Sieyes undertook to prepare the councils by the _commissions of inspectors,_ who placed unlimited confidence in him. Bonaparte was to gain the generals and the different corps of troops stationed in Paris, who displayed much enthusiasm for him and much attachment to his person. They agreed to convoke an extraordinary meeting of the moderate members of the councils, to describe the public danger to the Ancients, and by urging the ascendancy of Jacobinism to demand the removal of the legislative body to Saint-Cloud, and the appointment of general Bonaparte to the command of the armed force, as the only man able to save the country; and then, by means of the new military power, to obtain the dismissal of the directory, and the temporary dissolution of the legislative body. The enterprise was fixed for the morning of the 18th Brumaire (9th November).

During these three days, the secret was faithfully kept, Barras, Moulins, and Gohier, who formed the majority of the directory, of which Gohier was then president, might have frustrated the coup-d'etat of the conspirators by forestalling them, as on the 18th Fructidor. But they gave them credit for hopes only, and not for any decided projects. On the morning of the 18th, the members of the ancients were convoked in an unusual way by the _inspectors;_ they repaired to the Tuileries, and the debate was opened about seven in the morning under the presidentship of Lemercier. Cornudet, Lebrun, and Fargues, the three most influential conspirators in the council, drew a most alarming picture of the state of public affairs; protesting that the Jacobins were flocking in crowds to Paris from all the departments; that they wished to re-establish the revolutionary government, and that a reign of terror would once more desolate the republic, if the council had not the courage and wisdom to prevent its return. Another conspirator, Regnier de la Meurthe, required of the ancients already moved, that in virtue of the right conferred on them by the const.i.tution, they should transfer the legislative body to Saint Cloud, and depute Bonaparte, nominated by them to the command of the 17th military division, to superintend the removal. Whether all the members of the council were accomplices of this manoeuvre, or whether they were terrified by so hasty convocation, and by speeches so alarming, they instantly granted what the conspirators required.

Bonaparte awaited with impatience the result of this deliberation, at his house in the Rue Chantereine; he was surrounded by generals, by Lefevre, the commander of the guard of the directory, and by three regiments of cavalry which he was about to review. The decree of the council of ancients was pa.s.sed about eight, and brought to him at half-past eight by a state messenger. He received the congratulations of all around him; the officers drew their swords as a sign of fidelity. He put himself at their head, and they marched to the Tuileries; he appeared at the bar of the ancients, took the oath of fidelity, and appointed as his lieutenant, Lefevre, chief of the directorial guard.

This was, however, only a beginning of success. Bonaparte was at the head of the armed force; but the executive power of the directory and the legislative power of the councils still existed. In the struggle which would infallibly ensue, it was not certain that the great and hitherto victorious force of the revolution would not triumph. Sieyes and Roger Ducos went from the Luxembourg to the legislative and military camp of the Tuileries, and gave in their resignation. Barras, Moulins, and Gohier, apprised on their side, but a little too late, of what was going on, wished to employ their power and make themselves sure of their guard; but the latter, having received from Bonaparte information of the decree of the ancients, refused to obey them. Barras, discouraged, sent in his resignation, and departed for his estate of Gros-Bois. The directory was, in fact, dissolved; and there was one antagonist less in the struggle. The five hundred and Bonaparte alone remained opposed.

The decree of the council of ancients and the proclamations of Bonaparte were placarded on the walls of Paris. The agitation which accompanies extraordinary events prevailed in that great city. The republicans, and not without reason, felt serious alarm for the fate of liberty. But when they showed alarm respecting the intentions of Bonaparte, in whom they beheld a Caesar, or a Cromwell, they were answered in the general's own words: "_Bad parts, worn out parts, unworthy a man of sense, even if they were not so of a good man. It would be sacrilege to attack representative government in this age of intelligence and freedom. He would be but a fool who, with lightness of heart, could wish to cause the loss of the stakes of the republic against royalty after having supported them with some glory and peril_." Yet the importance he gave himself in his proclamations was ominous. He reproached the directory with the situation of France in a most extraordinary way. "What have you done," said he, "with that France which I left so flourishing in your hands? I left you peace, I find you at war; I left you victories, I find nothing but reverses; I left you the millions of Italy, I find nothing but plundering laws and misery. What have you done with the hundred thousand Frenchmen whom I knew, my companions in glory? They are dead! This state of things cannot last; in less than three years it would lead us to despotism." This was the first time for ten years that a man had ventured to refer everything to himself; and to demand an account of the republic, as of his own property. It is a painful surprise to see a new comer of the revolution introduce himself thus into the inheritance, so laboriously acquired, of an entire people.

On the 19th Brumaire the members of the councils repaired to Saint Cloud; Sieyes and Roger Ducos accompanied Bonaparte to this new field of battle; they went thither with the intention of supporting the designs of the conspirators; Sieyes, who understood the tactics of revolution, wished to make sure of events by provisionally arresting the leaders, and only admitting the moderate party into the councils; but Bonaparte refused to accede to this. He was no party man; having hitherto acted and conquered with regiments only, he thought he could direct legislative councils like an army, by the word of command. The gallery of Mars had been prepared for the ancients, the Orangery for the five hundred. A considerable armed force surrounded the seat of the legislature, as the mult.i.tude, on the 2nd of June, had surrounded the convention. The republicans, a.s.sembled in groups in the grounds, waited the opening of the sittings; they were agitated with a generous indignation against the military brutalism that threatened them, and communicated to each other their projects of resistance. The young general, followed by a few grenadiers, pa.s.sed through the courts and apartments, and prematurely yielding to his character, he said, like the twentieth king of a dynasty: "_I will have no more factions: there must be an end to this; I absolutely will not have any more of it_," About two o'clock in the afternoon, the councils a.s.sembled in their respective halls, to the sound of instruments which played the _Ma.r.s.eillaise_.

As soon as the business of the sitting commenced, Emile Gaudin, one of the conspirators, ascended the tribune of the five hundred. He proposed a vote of thanks to the council of ancients for the measures it had taken, and to request it to expound the means of saving the republic. This motion was the signal for a violent tumult; cries arose against Gaudin from every part of the hall. The republican deputies surrounded the tribune and the bureau, at which Lucien Bonaparte presided. The conspirators Cabanis, Boulay (de la Meurthe), Chazal, Gaudin, etc., turned pale on their seats.

After a long scene of agitation, during which no one could obtain a hearing, calm was restored for a few moments, and Delbred proposed that the oath made to the const.i.tution of the year III. should be renewed. As no one opposed this motion, which at such a juncture was of vital importance, the oath was taken with an enthusiasm and unanimity which was dangerous to the conspiracy.

Bonaparte, learning what had pa.s.sed in the five hundred, and in the greatest danger of desertion and defeat, presented himself at the council of ancients. All would have been lost for him, had the latter, in favour of the conspiracy, been carried away by the enthusiasm of the younger council. "Representatives of the people," said he, "you are in no ordinary situation; you stand on a volcano. Yesterday, when you summoned me to inform me of the decree for your removal, and charged me with its execution, I was tranquil. I immediately a.s.sembled my comrades; we flew to your aid! Well, now I am overwhelmed with calumnies! They talk of Caesar, Cromwell, and military government! Had I wished to oppress the liberty of my country, I should not have attended to the orders which you gave me; I should not have had any occasion to receive this authority from your hands. Representatives of the people! I swear to you that the country has not a more zealous defender than I am; but its safety rests with you alone! There is no longer a government; four of the directors have given in their resignation; the fifth (Moulins) has been placed under surveillance for his own security; the council of five hundred is divided; nothing is left but the council of ancients. Let it adopt measures; let it but speak; I am ready to execute. Let us save liberty! let us save equality!" Linglet, a republican, then arose and said: "General, we applaud what you say: swear with us to obey the const.i.tution of the year III., which alone can maintain the republic." All would have been lost for him had this motion met with the same reception which it had found in the five hundred. It surprised the council, and for a moment Bonaparte was disconcerted. But he soon resumed: "The const.i.tution of the year III. has ceased to exist; you violated it on the 18th Fructidor; you violated it on the 22nd Floreal; you violated it on the 30th Prairial. The const.i.tution is invoked by all factions, and violated by all; it cannot be a means of safety for us, because it no longer obtains respect from any one; the const.i.tution being violated, we must have another compact, new guarantees." The council applauded these reproaches of Bonaparte, and rose in sign of approbation.

Bonaparte, deceived by his easy success with the ancients, imagined that his presence alone would suffice to appease the stormy council of the five hundred. He hastened thither at the head of a few grenadiers, whom he left at the door, but within the hall, and he advanced alone, hat in hand. At the sight of the bayonets, the a.s.sembly arose with a sudden movement. The legislators, conceiving his entrance to be a signal for military violence, uttered all at once the cry of "Outlaw him! Down with the dictator!"

Several members rushed to meet him, and the republican, Bigonet, seizing him by the arm, exclaimed, "Rash man! what are you doing? Retire; you are violating the sanctuary of the laws." Bonaparte, pale and agitated, receded, and was carried off by the grenadiers who had escorted him there.

His disappearance did not put a stop to the agitation of the council. All the members spoke at once, all proposed measures of public safety and defence. Lucien Bonaparte was the object of general reproach; he attempted to justify his brother, but with timidity. After a long struggle, he succeeded in reaching the tribune, and urged the a.s.sembly to judge his brother with less severity. He protested that he had no design against their liberty; and recalled his services. But several voices immediately exclaimed: "He has lost all their merit; down with the dictator! down with the tyrants!" The tumult now became more violent than ever; and all demanded the outlawry of general Bonaparte. "What," said Lucien, "do you wish me to p.r.o.nounce the outlawry of my brother?" "Yes! yes! outlawry! it is the reward of tyrants!" In the midst of the confusion, a motion was made and put to the vote that the council should sit permanently; that it should instantly repair to its palace at Paris; that the troops a.s.sembled at Saint Cloud should form a part of the guard of the legislative body; that the command of them should be given to general Bernadotte. Lucien, astounded by these propositions, and by the outlawry, which he thought had been adopted with the rest, left the president's chair, and ascending the tribune, said, in the greatest agitation: "Since I cannot be heard in this a.s.sembly, I put off the symbols of the popular magistracy with a deep sense of insulted dignity." And he took off his cap, robe, and scarf.

Bonaparte, meantime, on leaving the council of the five hundred, had found some difficulty in regaining his composure. Unaccustomed to scenes of popular tumult, he had been greatly agitated. His officers came around him; and Sieyes, having more revolutionary experience, besought him not to lose time, and to employ force. General Lefevre immediately gave an order for carrying off Lucien from the council. A detachment entered the hall, advanced to the chair which Lucien now occupied again, placed him in their ranks, and returned with him to the troops. As soon as Lucien came out, he mounted a horse by his brother's side, and although divested of his legal character, harangued the troops as president. In concert with Bonaparte, he invented the story, so often repeated since, that poignards had been drawn on the general in the council of five hundred, and exclaimed: "Citizen soldiers, the president of the council of five hundred declares to you that the large majority of that council is at this moment kept in fear by the daggers of a few representatives, who surround the tribune, threaten their colleagues with death, and occasion the most terrible deliberations. General, and you, soldiers and citizens, you will only recognise as legislators of France those who follow me. As for those who remain in the Orangery, let force expel them. Those brigands are no longer representatives of the people, but representatives of the poignard." After this violent appeal, addressed to the troops by a conspirator president, who, as usual, calumniated those he wished to proscribe, Bonaparte spoke: "Soldiers," said he, "I have led you to victory; may I rely on you?"-- "Yes! yes! Vive le General!"--"Soldiers, there were reasons for expecting that the council of five hundred would save the country; on the contrary, it is given up to intestine quarrels; agitators seek to excite it against me. Soldiers, may I rely on you?" "Yes! yes! Vive Bonaparte." "Well, then, I will bring them to their senses!" And he instantly gave orders to the officers surrounding him to clear the hall of the five hundred.

The council, after Lucien's departure, had been a prey to great anxiety and indecision. A few members proposed that they should leave the place in a body, and go to Paris to seek protection amidst the people. Others wished the national representatives not to forsake their post, but to brave the outrages of force. In the meantime, a troop of grenadiers entered the hall by degrees, and the officer in command informed the council that they should disperse. The deputy Prudhon reminded the officer and his soldiers of the respect due to the representatives of the people; general Jourdan also represented to them the enormity of such a measure.

For a moment the troops hesitated; but a reinforcement now arrived in close column. General Leclerc exclaimed: "In the name of general Bonaparte, the legislative body is dissolved; let all good citizens retire. Grenadiers, forward!" Cries of indignation arose from every side; but these were drowned by the drums. The grenadiers advanced slowly across the whole width of the Orangery, and presenting bayonets. In this way they drove the legislators before them, who continued shouting, "Vive la republique!" as they left the place. At half-past five, on the 19th Brumaire of the year VIII. (10th November, 1799) there was no longer a representation.

Thus this violation of the law, this coup-d'etat against liberty was accomplished. Force began to sway. The 18th of Brumaire was the 31st of May of the army against the representation, except that it was not directed against a party, but against the popular power. But it is just to distinguish the 18th Brumaire from its consequences. It might then be supposed that the army was only an auxiliary of the revolution as it had been on the 13th Vendemiaire and the 18th Fructidor, and that this indispensable change would not turn to the advantage of a man--a single man, who would soon change France into a regiment, and cause nothing to be heard of in a world hitherto agitated by so great a moral commotion, save the tread of his army, and the voice of his will.

THE CONSULATE

CHAPTER XIV

FROM THE 18TH BRUMAIRE (9TH OF NOVEMBER, 1799) TO THE 2ND OF DECEMBER, 1804

The 18th Brumaire had immense popularity. People did not perceive in this event the elevation of a single man above the councils of the nation; they did not see in it the end of the great movement of the 14th of July, which had commenced the national existence.

The 18th Brumaire a.s.sumed an aspect of hope and restoration. Although the nation was much exhausted, and little capable of supporting a sovereignty oppressive to it, and which had even become the object of its ridicule, since the lower cla.s.s had exercised it, yet it considered despotism so improbable, that no one seemed to it to be in a condition to reduce it to a state of subjection. All felt the need of being restored by a skilful hand, and Bonaparte, as a great man and a victorious general, seemed suited for the task.

On this account almost every one, except the directorial republicans, declared in favour of the events of that day. Violation of the laws and coups-d'etat had occurred so frequently during the revolution, that people had become accustomed no longer to judge them by their legality, but by their consequences. From the party of Sieyes down to the royalists of 1788, every one congratulated himself on the 18th Brumaire, and attributed to himself the future political advantages of this change. The moderate const.i.tutionalists believed that definitive liberty would be established; the royalists fed themselves with hope by inappropriately comparing this epoch of our revolution with the epoch of 1660 in the English revolution, with the hope that Bonaparte was a.s.suming the part of Monk, and that he would soon restore the monarchy of the Bourbons; the ma.s.s, possessing little intelligence, and desirous of repose, relied on the return of order under a powerful protector; the proscribed cla.s.ses and ambitious men expected from him their amnesty or elevation. During the three months which followed the 18th Brumaire, approbation and expectation were general. A provisional government had been appointed, composed of three consuls, Bonaparte, Sieyes, and Roger Ducos, with two legislative commissioners, entrusted to prepare the const.i.tution and a definitive order of things.

The consuls and the two commissioners were installed on the 21st Brumaire.

This provisional government abolished the law respecting hostages and compulsory loans; it permitted the return of the priests proscribed since the 18th Fructidor; it released from prison and sent out of the republic the emigrants who had been shipwrecked on the coast of Calais, and who for four years were captives in France, and were exposed to the heavy punishment of the emigrant army. All these measures were very favourably received. But public opinion revolted at a proscription put in force against the extreme republicans. Thirty-six of them were sentenced to transportation to Guiana, and twenty-one were put under surveillance in the department of Charante-Inferieure, merely by a decree of the consuls on the report of Fouche, minister of police. The public viewed unfavourably all who attacked the government; but at the same time it exclaimed against an act so arbitrary and unjust. The consuls, accordingly, recoiled before their own act; they first commuted transportation into surveillance, and soon withdrew surveillance itself.

It was not long before a rupture broke out between the authors of the 18th Brumaire. During their provisional authority, it did not create much noise, because it took place in the legislative commissions. The new const.i.tution was the cause of it. Sieyes and Bonaparte could not agree on this subject: the former wished to inst.i.tute France, the latter to govern it as a master.

The const.i.tution of Sieyes, which was distorted in the consular const.i.tution of the year VIII., deserves to be known, were it only in the light of a legislative curiosity. Sieyes distributed France into three political divisions; the commune, the province or department, and the State. Each had its own powers of administration and judicature, arranged in hierarchical order: the first, the munic.i.p.alities and _tribunaux de paix_ and _de premiere instance;_ the second, the popular prefectures and courts of appeal; the third, the central government and the court of ca.s.sation. To fill the functions of the commune, the department, and the State, there were three budgets of _notability_, the members of which were only candidates nominated by the people.

The executive power was vested in the _proclamateur-electeur_, a superior functionary, perpetual, without responsibility, deputed to represent the nation without, and to form the government in a deliberating state-council and a responsible ministry. The _proclamateur-electeur_ selected from the lists of candidates, judges, from the tribunals of peace to the court of ca.s.sation; administrators, from the mayors to the ministers. But he was incapable of governing himself; power was directed by the state council, exercised by the ministry.

The legislature departed from the form hitherto established; it ceased to be a deliberative a.s.sembly to become a judicial court. Before it, the council of state, in the name of the government, and the _tribunat_, in the name of the people, pleaded their respective projects. Its sentence was law. It would seem that the object of Sieyes was to put a stop to the violent usurpations of party, and while placing the sovereignty in the people, to give it limits in itself: this design appears from the complicated works of his political machine. The primary a.s.semblies, composed of the tenth of the general population, nominated the local _list of communal candidates_; electoral colleges, also nominated by them, selected from the _communal list_ the superior list of provincial candidates and from the _provincial list_, the list of national candidates. In all which concerned the government, there was a reciprocal control. The proclamateur-electeur selected his functionaries from among the candidates nominated by the people: and the people could dismiss functionaries, by not keeping them on the lists of candidates, which were renewed, the first every two years, the second every five years, the third every ten years. But the proclamateur-electeur did not interfere in the nomination of tribunes and legislators, whose attributes were purely popular.

Yet, to place a counterpoise in the heart of this authority itself, Sieyes separated the initiative and the discussion of the law, which was invested in the tribunate from its adoption, which belonged to the legislative a.s.sembly. But besides these different prerogatives, the legislative body and the tribunate were not elected in the same manner. The tribunate was composed by right of the first hundred members of the _national list_, while the legislative body was chosen directly by the electoral colleges.

The tribunes, being necessarily more active, bustling, and popular, were appointed for life, and by a protracted process, to prevent their arriving in a moment of pa.s.sion, with destructive and angry projects, as had hitherto been the case in most of the a.s.semblies. The same dangers not existing in the other a.s.sembly, which had only to judge calmly and disinterestedly of the law, its election was direct, and its authority transient.

Lastly, there existed, as the complement of all the other powers, a conservatory body, incapable of ordering, incapable of acting, intended solely to provide for the regular existence of the state. This body was the const.i.tutional jury, or conservatory senate; it was to be for the political law what the court of ca.s.sation was to the civil law. The tribunate, or the council of state, appealed to it when the sentence of the legislative body was not conformable to the const.i.tution. It had also the faculty of calling into its own body any leader of the government who was too ambitious, or a tribune who was too popular, by the "droit d'absorption," and when senators, they were disqualified from filling any other function. In this way it kept a double watch over the safety of the whole republic, by maintaining the fundamental law, and protecting liberty against the ambition of individuals.

Whatever may be thought of this const.i.tution, which seems too finely complicated to be practicable, it must be granted that it is the production of considerable strength of mind, and even great practical information. Sieyes paid too little regard to the pa.s.sions of men; he made them too reasonable as human beings, and too obedient as machines. He wished by skilful inventions to avoid the abuses of human const.i.tutions, and excluded death, that is to say, despotism, from whatever quarter it might come. But I have very little faith in the efficacy of const.i.tutions; in such moments, I believe only in the strength of parties in their domination, and, from time to time, in their reconciliation. But I must also admit that, if ever a const.i.tution was adapted to a period, it was that of Sieyes for France in the year VIII.

After an experience of ten years, which had only shown exclusive dominations, after the violent transition from the const.i.tutionalists of 1789 to the Girondists, from the Girondists to the Mountain, from the Mountain to the reactionists, from the reactionists to the directory, from the directory to the councils, from the councils to the military force, there could be no repose or public life save in it. People were weary of worn-out const.i.tutions; that of Sieyes was new; exclusive men were no longer wanted, and by elaborate voting it prevented the sudden accession of counter-revolutionists, as at the beginning of the directory, or of ardent democrats, as at the end of this government. It was a const.i.tution of moderate men, suited to terminate a revolution, and to settle a nation.

But precisely because it was a const.i.tution of moderate men, precisely because parties had no longer sufficient ardour to demand a law of domination, for that very reason there would necessarily be found a man stronger than the fallen parties and the moderate legislators, who would refuse this law, or, accepting, abuse it, and this was what happened.

Bonaparte took part in the deliberations of the const.i.tuent committee; with his instinct of power, he seized upon everything in the ideas of Sieyes which was calculated to serve his projects, and caused the rest to be rejected. Sieyes intended for him the functions of grand elector, with a revenue of six millions of francs, and a guard of three thousand men; the palace of Versailles for a residence, and the entire external representation of the republic. But the actual government was to be invested in a consul for war and a consul for peace, functionaries unthought of by Sieyes in the year III., but adopted by him in the year VIII.; in order, no doubt, to suit the ideas of the times. This insignificant magistracy was far from suiting Bonaparte. "How could you suppose," said he, "that a man of any talent and honour could resign himself to the part of fattening like a hog, on a few millions a year?"

From that moment it was not again mentioned; Roger Ducos, and the greater part of the committee, declared in favour of Bonaparte; and Sieyes, who hated discussion, was either unwilling or unable to defend his ideas. He saw that laws, men, and France itself were at the mercy of the man whose elevation he had promoted.

On the 24th of December, 1799 (Nivose, year VIII.), forty-five days after the 18th Brumaire, was published the const.i.tution of the year VIII.; it was composed of the wrecks of that of Sieyes, now become a const.i.tution of servitude. The government was placed in the hands of the first consul, who was supported by two others, having a deliberative voice. The senate, primarily selected by the consuls, chose the members of the tribunal and legislative body, from the list of the national candidates. The government alone had the initiative in making the laws. Accordingly, there were no more bodies of electors who appointed the candidates of different lists, the tribunes and legislators; no more independent tribunes earnestly pleading the cause of the people before the legislative a.s.sembly; no legislative a.s.sembly arising directly from the bosom of the nation, and accountable to it alone--in a word, no political nation. Instead of all this, there existed an all-powerful consul, disposing of armies and of power, a general and a dictator; a council of state destined to be the advanced guard of usurpation; and lastly, a senate of eighty members, whose only function was to nullify the people, and to choose tribunes without authority, and legislators who should remain mute. Life pa.s.sed from the nation to the government. The const.i.tution of Sieyes served as a pretext for a bad order of things. It is worth notice that up to the year VIII. all the const.i.tutions had emanated from the _Contrat-social_, and subsequently, down to 1814, from the const.i.tution of Sieyes.

The new government was immediately installed. Bonaparte was first consul, and he united with him as second and third consuls, Cambaceres, a lawyer, and formerly a member of the Plain in the convention, and Lebrun, formerly a co-adjutor of the chancellor Maupeou. By their means, he hoped to influence the revolutionists and moderate royalists. With the same object, an ex-n.o.ble, Talleyrand, and a former member of the Mountain, Fouche, were appointed to the posts of minister of foreign affairs, and minister of police. Sieyes felt much repugnance at employing Fouche; but Bonaparte wished it. "We are forming a new epoch," said he; "we must forget all the ill of the past, and remember only the good." He cared very little under what banner men had hitherto served, provided they now enlisted under his, and summoned thither their old a.s.sociates in royalism and in revolution.

The two new consuls and the retiring consuls nominated sixty senators, without waiting for the lists of eligibility; the senators appointed a hundred tribunes and three hundred legislators; and the authors of the 18th Brumaire distributed among themselves the functions of the state, as the booty of their victory. It is, however, just to say that the moderate liberal party prevailed in this part.i.tion, and that, as long as it preserved any influence, Bonaparte governed in a mild, advantageous, and republican manner. The const.i.tution of the year VIII., submitted to the people for acceptance, was approved by three millions eleven thousand and seven citizens. That of 1793 had obtained one million eight hundred and one thousand nine hundred and eighteen suffrages; and that of the year III. one million fifty-seven thousand three hundred and ninety. The new law satisfied the moderate ma.s.ses, who sought tranquillity, rather than guarantees; while the code of '93 had only found partisans among the lower cla.s.s; and that of the year III. had been equally rejected by the royalists and democrats. The const.i.tution of 1791 alone had obtained general approbation; and, without having been subjected to individual acceptance, had been sworn to by all France.

The first consul, in compliance with the wishes of the republic, made offers of peace to England, which it refused. He naturally wished to a.s.sume an appearance of moderation, and, previous to treating, to confer on his government the l.u.s.tre of new victories. The continuance of the war was therefore decided on, and the consuls made a remarkable proclamation, in which they appealed to sentiments new to the nation. Hitherto it had been called to arms in defence of liberty; now they began to excite it in the name of honour: "Frenchmen, you wish for peace. Your government desires it with still more ardour: its foremost hopes, its constant efforts, have been in favour of it. The English ministry rejects it; the English ministry has betrayed the secret of its horrible policy. To rend France, to destroy its navy and ports, to efface it from the map of Europe, or reduce it to the rank of a secondary power, to keep the nations of the continent at variance, in order to seize on the commerce of all, and enrich itself by their spoils: these are the fearful successes for which England scatters its gold, lavishes its promises, and multiplies its intrigues. It is in your power to command peace; but, to command it, money, the sword, and soldiers are necessary; let all, then, hasten to pay the tribute they owe to their common defence. Let our young citizens arise! No longer will they take arms for factions, or for the choice of tyrants, but for the security of all they hold most dear; for the honour of France, and for the sacred interests of humanity."