Books: Memoirs of Napoleon Bonaparte, v10
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Louis Antoine Fauvelet de Bourrienne >> Memoirs of Napoleon Bonaparte, v10
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Napoleon returned to Paris about the end of July after an absence of ten
months, the longest he had yet made since he had been at the head of the
French Government, whether as Consul or Emperor. The interview at
Tilsit, the Emperor Alexander's friendship, which was spoken of
everywhere in terms of exaggeration, and the peace established on the
Continent, conferred on Napoleon a moral influence in public opinion
which he had not possessed since his coronation. Constant in his hatred
of deliberative assemblies, which he had often termed collections of
babblers, ideologists, and phrasemongers, Napoleon, on his return to
Paris, suppressed the Tribunate, which had been an annoyance to him ever
since the first day of his elevation. The Emperor, who was 'skillful
above all men in speculating on the favourable disposition of opinion,
availed himself at this conjuncture of the enthusiasm produced by his
interview on the Niemen. He therefore discarded from the fundamental
institutions of the government that which still retained the shadow of a
popular character. But it was necessary that he should possess a Senate
merely to vote men; a mute Legislative Body to vote money; that there
should be no opposition in the one and no criticism in the other; no
control over him of any description; the power of arbitrarily doing
whatever he pleased; an enslaved press;--this was what Napoleon wished,
and this be obtained. But the month of March 1814 resolved the question
of absolute power!
In the midst of these great affairs, and while Napoleon was dreaming of
universal monarchy, I beheld in a less extensive sphere the inevitable
consequences of the ambition of a single man. Pillage and robbery were
carried on in all parts over which my diplomatic jurisdiction extended.
Rapine seemed to be legally authorised, and was perpetrated with such
fury, and at the same time with such ignorance, that the agents were
frequently unacquainted with the value of the articles which they seized.
Thus, for example, the Emperor ordered the seizure at Hamburg, Bremen,
and Lubeck of all English merchandise, whatever might be its nature or
origin. The Prince of Neufchatel (Berthier) wrote to me from the Emperor
that I must procure 10,000,000 francs from the Hanse Towns. M. Daru, the
Intendant-General, whose business it was to collect this sort of levy,
which Napoleon had learned to make in Egypt, wrote to urge me to obtain a
prompt and favourable decision. The unfortunate towns which I was thus
enjoined to oppress had already suffered sufficiently. I had obtained,
by means of negotiation, more than was demanded for the ransom of the
English merchandise, which had been seized according to order. Before I
received the letters of M. Darn and the Prince of Neufchatel I had
obtained from Hamburg 16,000,000 instead of 10,000,000, besides nearly
3,000,000 from Bremen and Lubeck. Thus I furnished the Government with
9,000,000 more than had been required, and yet I had so managed that
those enormous sacrifices were not overoppressive to those who made them.
I fixed the value of the English merchandise because I knew that the high
price at which it sold on the Continent would not only cover the proposed
ransom but also leave a considerable profit. Such was the singular
effect of the Continental system that when merchandise was confiscated,
and when afterwards the permission to sell it freely was given, the price
fetched at the sale was so large that the loss was covered, and even
great advantage gained.
Peace being concluded with Russia it was necessary to make choice of an
Ambassador, not only to maintain the new relations of amity between
Napoleon and Alexander, but likewise to urge on the promised intervention
of Russia with England,--to bring about reconciliation and peace between
the Cabinets of Paris and London. The Emperor confided this mission to
Caulaincourt, with respect to whom there existed an unfounded prejudice
relating to some circumstances which preceded the death of the Duc
d'Enghien. This unfortunate and unjust impression had preceded
Caulaincourt to St. Petersburg, and it was feared that he would not
experience the reception due to the French Ambassador and to his own
personal qualities. I knew at the time, from positive information, that
after a short explanation with Alexander that monarch retained no
suspicion unfavourable to our Ambassador, for whom he conceived and
maintained great esteem and friendship.
Caulaincourt's mission was not, in all respects, easy of fulfilment, for
the invincible repugnance and reiterated refusal of England to enter into
negotiations with France through the medium of Russia was one of the
remarkable circumstances of the period of which I am speaking. I knew
positively that England was determined never to allow Napoleon to possess
himself of the whole of the Continent,--a project which he indicated too
undisguisedly to admit of any doubt respecting it. For two years he had
indeed advanced with rapid strides; but England was not discouraged. She
was too well aware of the irritation of the sovereigns and the discontent
of the people not be certain that when she desired it, her lever of gold
would again raise up and arm the Continent against the encroaching power
of Napoleon. He, on his part, perceiving that all his attempts were
fruitless, and that England would listen to no proposals, devised fresh
plans for raising up new enemies against England.
It probably is not forgotten that in 1801 France compelled Portugal to
make common cause with her against England. In 1807 the Emperor did
again what the First Consul had done. By an inexplicable fatality Junot
obtained the command of the troops which were marching against Portugal.
I say against Portugal, for that was the fact, though France represented
herself as a protector to deliver Portugal from the influence of England.
Be that as it may, the choice which the Emperor made of a commander
astonished everybody. Was Junot, a compound of vanity and mediocrity,
the fit man to be entrusted with the command of an army in a distant
country, and under circumstances in which great political and military
talents were requisite? For my own part, knowing Junot's incapacity, I
must acknowledge that his appointment astonished me. I remember one day,
when I was speaking on the subject to Bernadotte, he showed me a letter
he had received from Paris, in which it was said that the Emperor had
sent Junot to Portugal only for the sake of depriving him of the
government of Paris. Junot annoyed Napoleon by his bad conduct, his
folly, and his incredible extravagance. He was alike devoid of dignity-
either in feeling or conduct. Thus Portugal was twice the place of exile
selected by Consular and Imperial caprice: first, when the First Consul
wished to get rid of the familiarity of Lannes; and next, when the
Emperor grew weary of the misconduct of a favourite.
The invasion of Portugal presented no difficulty. It was an armed
promenade and not a war; but how many events were connected with the
occupation of that country! The Prince Regent of Portugal, unwilling to
act dishonourably to England, to which he was allied by treaties; and
unable to oppose the whole power of Napoleon, embarked for Brazil,
declaring that all defence was useless. At the same time he recommended
his subjects to receive the French troops in a friendly manner, and said
that he consigned to Providence the consequences of an invasion which was
without a motive. He was answered in the Emperor's name that, Portugal
being the ally of England, we were only carrying on hostilities against,
the latter country by invading his dominions.
It was in the month of November that the code of French jurisprudence,
upon which the most learned legislators had indefatigably laboured, was
established as the law of the State, under the title of the Code
Napoleon. Doubtless this legislative monument will redound to Napoleon's
honour in history; but was it to be supposed that the same laws would be
equally applicable throughout so vast an extent as that comprised within
the French Empire? Impossible as this was, as soon as the Code Napoleon
way promulgated I received orders to establish it in the Hanse Towns.
--[This great code of Civil Law was drawn up under Napoleon's orders
and personal superintendence. Much had been prepared under the
Convention, and the chief merits of it were due to the labours of
such men as Tronchet; Partatis, Bigot de Preameneu, Maleville,
Cambaceres, etc. But it was debated under and by Napoleon, who took
a lively interest in it. It was first called the " Code Civil," but
is 1807 was named "Code Napoleon," or eventually "Les Cinq Codes de
Napoleon. When completed in 1810 it included five Codes--the Code
Civil, decreed March 1803; Code de Procedure Civile, decreed April
1806; Code de Commerce, decreed September 1807; Code d'Instruction
Criminelle, decreed November 1808; and the Code Penal, decreed
February 1810. It had to be retained by the Bourbons, and its
principles have worked and are slowly working their way into the law
of every nation. Napoleon was justly proud of this work. The
Introduction of the Code into the conquered countries was, as
Bourrienne says, made too quickly. Puymaigre, who was employed in
the administration of Hamburg after Bourrienne left, says, "I shall
always remember the astonishment of the Hamburgers when they were
invaded by this cloud of French officials, who, under every form,
made researches is their houses, and who came to apply the
multiplied demands of the fiscal system. Like Proteus, the
administration could take any shape. To only speak of my
department, which certainly was not the least odious one, for it was
opposed to the habits of the Hamburgers and annoyed all the
industries, no idea can be formed of the despair of the inhabitants,
subjected to perpetual visits, and exposed to be charged with
contraventions of the law, of which they knew nothing.
"Remembering their former laws, they used to offer to meet a charge
of fraud by the proof of their oath, and could not imagine that such
a guarantee could be repulsed. When they were independent they paid
almost nothing, and such was the national spirit, that in urgent
cases when money was wanted the senate taxed every citizen s certain
proportion of his income, the tenth or twentieth. A donator
presided over the recovery of this tax, which was done in a very
strange manner. A box, covered with a carpet, received the offering
of every citizen, without any person verifying the sum, and only on
the simple moral guarantee of the honesty of the debtor, who himself
judged the sum he ought to pay. When the receipt was finished the
senate always obtained more than it had calculated on." (Puymaigre,
pp, 181.)]--
The long and frequent conversations I had on this subject with the
Senators and the most able lawyers of the country soon convinced me of
the immense difficulty I should have to encounter, and the danger of
suddenly altering habits and customs which had been firmly established by
time.
The jury system gave tolerable satisfaction; but the severe punishments
assigned to certain offences by the Code were disapproved of. Hence
resulted the frequent and serious abuse of men being acquitted whose
guilt was evident to the jury, who pronounced them not guilty rather than
condemn them to a punishment which was thought too severe. Besides,
their leniency had another ground, which was, that the people being
ignorant of the new law were not aware of the penalties attached to
particular offences. I remember that a man who was accused of stealing a
cloak at Hamburg justified himself on the ground that he committed the
offence in a fit of intoxication. M. Von Einingen, one of the jury,
insisted that the prisoner was not guilty, because, as he said, the
Syndic Doormann, when dining with him one day, having drunk more wine
than usual, took away his cloak. This defence per Baccho was completely
successful. An argument founded on the similarity between the conduct of
the Syndic and the accused, could not but triumph, otherwise the little
debauch of the former would have been condemned in the person of the
latter. This trial, which terminated so whimsically, nevertheless proves
that the best and the gravest institutions may become objects of ridicule
when suddenly introduced into a country whose habits are not prepared to
receive them.
The Romans very wisely reserved in the Capitol a place for the gods of
the nations they conquered. They wished to annex provinces and kingdoms
to their empire. Napoleon, on the contrary, wished to make his empire
encroach upon other states, and to realise the impossible Utopia of ten
different nations, all having different customs and languages, united
into a single State. Could justice, that safeguard of human rights, be
duly administered in the Hanse Towns when those towns were converted into
French departments? In these new departments many judges had been
appointed who did not understand a word of German, and who had no
knowledge of law. The presidents of the tribunals of Lilbeck, Stade,
Bremerlehe, and Minden were so utterly ignorant of the German language
that it was necessary to explain to them all the pleadings in the
council-chamber. Was it not absurd to establish such a judicial system,
and above all, to appoint such men in a country so important to France as
Hamburg and the Hanse Towns? Add to this the impertinence of some
favourites who were sent from Paris to serve official and legal
apprenticeships in the conquered provinces, and it may be easily
conceived what was the attachment of the people to Napoleon the Great.
CHAPTER XIII.
1807-1808.
Disturbed state of Spain--Godoy, Prince of the Peace--Reciprocal
accusations between the King of Spain and his son--False promise of
Napoleon--Dissatisfaction occasioned by the presence of the French
troops--Abdication of Charles IV.--The Prince of the Peace made
prisoner--Murat at Madrid--Important news transmitted by a
commercial letter--Murat's ambition--His protection of Godoy--
Charles IV, denies his voluntary abdication--The crown of Spain
destined for Joseph--General disapprobation of Napoleon's conduct--
The Bourbon cause apparently lost--Louis XVIII. after his departure
from France--As Comte de Provence at Coblentz--He seeks refuge in
Turin and Verona--Death of Louis XVII--Louis XVIII. refused an
asylum in Austria, Saxony, and Prussia--His residence at Mittan and
Warsaw--Alexander and Louis XVIII--The King's departure from Milan
and arrival at Yarmouth--Determination of the King of England--M.
Lemercier's prophecy to Bonaparte--Fouche's inquiries respecting
Comte de Rechteren--Note from Josephine--New demands on the Hanse
Towns--Order to raise 3000 sailors in Hamburg.
The disorders of Spain, which commenced about the close of the year 1807,
in a short time assumed a most complicated aspect. Though far from the
theatre of events I obtained an intimate knowledge of all the important
facts connected with the extraordinary transactions in the Peninsula.
However, as this point of history is one of the most generally, though I
cannot say the best, known, I shall omit in my notes and memoranda many
things which would be but repetitions to the reading portion of the
public. It is a remarkable fact that Bonaparte, who by turns cast his
eyes on all the States of Europe, never directed his attention to Spain
as long as his greatness was confined to mere projects. Whenever he
spoke of his future destiny he alluded to Italy, Germany, the East, and
the destruction of the English power; but never to Spain. Consequently,
when he heard of the first symptoms of disorder in the Peninsula he paid
but little attention to the business, and some time elapsed before he
took any part in events which subsequently had so great an influence on
his fate.
Godoy reigned in Spain under the name of the imbecile Charles IV. He was
an object of execration to all who were not his creatures; and even those
whose fate depended upon him viewed him with the most profound contempt.
The hatred of a people is almost always the just reward of favourites.
What sentiments, therefore, must have been inspired by a man who, to the
knowledge of all Spain, owed the favour of the king only to the favours
of the queen!
--[Manuel Godoy, originally a private in the guards, became the
paramour of Charles IV.'s Queen; then a grandee; and then the
supreme ruler of the State.--Editor of 1836 edition.]--
Godoy's ascendancy over the royal family was boundless; his power was
absolute: the treasures, of America were at his command, and he made the
most infamous use of them. In short, he had made the Court of Madrid one
of those places to which the indignant muse of Juvenal conducts the
mother of Britanicus. There is no doubt that Godoy was one of the
principal causes of all the misfortunes which have overwhelmed Spain
under so many various forms.
The hatred of the Spaniards against the Prince of the Peace was general.
This hatred was shared by the Prince the Asturias,--[Afterwards Ferdinand
VII.]-- who openly declared himself the enemy of Godoy. The latter
allied himself with France, from which he hoped to obtain powerful
protection against his enemies. This alliance gave rise to great
dissatisfaction in Spain, and caused France to be regarded with an
unfavourable eye. The Prince of the Asturias was encouraged and
supported by the complaints of the Spaniards, who wished to see the
overthrow of Godoy's power. Charles IV., on his part, regarded all
opposition to the Prince of the Peace as directed against himself, and in
November 1807 he accused his son of wishing to dethrone him.
The King of Spain did not confine himself to verbal complaints. He, or
rather the Prince of the Peace, acting in his name, arrested the warmest
partisans of the Prince of the Asturias. The latter, understanding the
sentiments of his father, wrote to Napoleon, soliciting his support.
Thus the father and son, at open war, were appealing one against another
for the support of him who wished only to get rid of them both, and to
put one of his brothers in their place, that he might have one junior
more in the college of European kings: but, as I have already mentioned,
this new ambition was not premeditated; and if he gave the throne of
Spain to his brother Joseph it was only on the refusal of his brother
Louis (King of Holland) to accept it.
The Emperor had promised to support Charles IV against his son; and, not
wishing to take part in these family quarrels, he had not answered the
first letters of the Prince of the Asturias. But finding that the
intrigues of Madrid were taking a serious turn, he commenced
provisionally by sending troops to Spain. This gave offence to the
people, who were averse to the interference of France. In the provinces
through which the French troops passed it was asked what was the object:
of the invasion. Some attributed it to the Prince of the Peace, others
to the Prince of the Asturias; but it excited general indignation, and
troubles broke out at Madrid accompanied by all the violence peculiar to
the Spanish character.
In these fearful circumstances Godoy proposed that Charles IV. should
remove to Seville, where he would be the better enabled to visit the
factious with punishment. A proposition from Godoy to his master was, in
fact, a command, and Charles IV. accordingly resolved to depart. The
people now looked upon Godoy as a traitor. An insurrection broke out,
the palace was, surrounded, and the, Prince of the Peace was on the point
of being massacred in an upper apartment, where he had taken refuge.
--[French troops had appeared in again some months before, on their
way to Portugal, the conquest of which country by Junot was to be
aided by Godoy and a Spanish force of 27,000 men, according to a
treaty (more disgraceful to the Court of Spain than to Bonaparte)
which had been ratified at Fontainebleau on the 27th of October
1807. Charles IV. was little better than an idiot, and Godoy and
the French made him believe that Bonaparte world give part, or the
whole of Portugal, to Spain. At the time of Junot's march on Lisbon
a reserve of 40,000 French troops were assembled at Bayonne--
a pretty clear indication, though the factious infatuated Court of
Madrid would not see it, that Bonaparte intended to seize the whole
of the Peninsula.--Editor of 1838 edition.]--
One of the mob had the presence of mind to invoke in his favour the name
of the Prince of the Asturias: this saved his life.
Charles IV. did not preserve his crown; he was easily intimidated, and
advantage was taken of a moment of alarm to demand that abdication which
he had not spirit to refuse. He surrendered up his rights to his son,
and thus was overthrown the insolent power of the Prince of the Peace;
the favourite was made prisoner, and the Spaniards, who, like all
ignorant people, are easily excited, manifested their joy on the occasion
with barbarous enthusiasm. Meanwhile the unfortunate King, who had
escaped from imaginary rather than real dangers, and "who was at first
content with having exchanged the right of reigning for the right of
living, no sooner found himself in safety than he changed, his mind.
He wrote to the Emperor protesting against his abdication, and appealed.
to him as the arbiter of his future fate.
During these internal dissensions the French army was continuing its
march towards the Pyrenees. Those barriers were speedily crossed, and
Murat entered Madrid in the beginning of April 1808. Before I received
any despatch from our Government I learned that Murat's presence in
Madrid, far from producing a good effect, had only increased the
disorder. I obtained this information from a merchant of Lubeck who came
to Hamburg on purpose to show me a letter he had received from his
correspondent in Madrid. In this letter Spain was said to be a prey
which Murat wished to appropriate to himself; and all that afterwards
came to my knowledge served only to prove the accuracy of the writer's
information. It was perfectly true that Murat wished to conquer Spain
for himself, and it is not astonishing that the inhabitants of Madrid
should have understood his designs, for he carried his indiscretion so
far as openly to express his wish to become King of Spain. The Emperor
was informed of this, and gave him to understand, in very significant
terms, that the throne of Spain was not destined for him, but that he
should not be forgotten in the disposal of other crowns.
However, Napoleon's remonstrances were not sufficient to restrain the
imprudence of Murat; and if he did not gain the crown of Spain for
himself he powerfully contributed to make Charles IV. lose it. That
monarch, whom old habits attached to the Prince of the Peace, solicited
the Emperor to liberate his favourite, alleging that he and his family
would be content to live in any place of security provided Godoy were
with them. The unfortunate Charles seemed to be thoroughly disgusted
with greatness.
Both the King and Queen so earnestly implored Godoy's liberation that
Murat, whose vanity was flattered by these royal solicitations, took the
Prince of the Peace under his protection; but he at the same time
declared that, in spite of the abdication of Charles IV., he would
acknowledge none but that Prince as King of Spain until he should receive
contrary ,orders from the Emperor. This declaration placed Murat in
formal opposition to the Spanish people, who, through their hatred of
Godoy, embraced the cause of the heir of the throne; in whose favour
Charles IV. had abdicated.
It has been remarked that Napoleon stood in a perplexing situation in
this conflict between the King and his son. This is not correct. King
Charles, though he afterwards said that his abdication had been forced
from him by violence and threats, had nevertheless tendered it. By this
act Ferdinand was King, but Charles declared it was done against his
will, and he retracted. The Emperor's recognition was wanting, and he,
could give or withhold it as he pleased.
In this state of things Napoleon arrived at Bayonne. Thither Ferdinand
was also invited to go, under pretence of arranging with the Emperor the
differences between his father and himself. It was some time before he
could form his determination, but at length his ill-advised friends
prevailed on him to set off, and he was caught in the snare. What
happened to him, as well as to his father, who repaired to Bayonne with
his inseparable friend the Prince of the Peace is well known. Napoleon,
who had undertaken to be arbiter between the father and son, thought the
best way of settling the difference was to give the disputed throne to
his brother Joseph, thus verifying the fable of the "Two Lawyers and the
Oyster." The insurrection in Madrid on the 2d of May accelerated the
fate of Ferdinand, who was accused of being the author of it; at least
this suspicion fell on his friends and adherents.
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