Memoirs of the Private Life, Return, and Reign of Napoleon in 1815, Vol. I

by baron Pierre Alexandre Édouard Fleury de Chaboulon

The people discovered that they had been cheated, and that this measure, disguised by specious representations, was in truth adopted only for the purpose of more effectually displacing the old functionaries of the nation. And, lastly, it was evident that this general dismission would carry off those authorities who were the natural guardians of every individual who had taken a part in the revolution. And that all who were thus affected would be placed beneath the sway of their sworn enemies, the nobles, the priests, and their adherents.

Indications were given by the government that a "purification" of the courts of justice was in contemplation; and the public apprehension increased. The independence and immovability of the judges had been guaranteed to the nation, and this guarantee was certainly the most valuable of the rights which we had gained. But on account of its importance, the government were the more desirous of violating it.

When the proposed "purification" became known, our national magistrates trembled in their chairs, and they foresaw that they would be plucked out for the purpose of making way for the antiquated survivors of the courts of parliament.

The nation was alarmed, and protested against the measure. But the "purification" was not to be stopped in its swoop. The process began in the supreme tribunal of the kingdom, the Court of Cassation. And, to remove all doubts respecting the ulterior object of the government, it was officially announced that the elimination, disguised under the name of the "installation royale," had been deferred only for the purpose of "obtaining the information which was necessary to direct or decide the choice of the judges, and that it would take place successively in all the courts and tribunals of the kingdom."

The "installation" was felt to be not only a breach of faith, but an open conspiracy against the security of the person and property of the subject. We knew that the tribunals would now be filled with magistrates whose prejudices, principles, and interest, must be in perpetual hostility against our national laws, and that the new men would seek to elude or crush our juridical system. The royal magistrates, as it was but too evident, would be the relations, the friends, or the creatures of the nobility, the emigrants, and of all who claimed to be restored to their rights and privileges. Nor could we hope that judges so constituted would deal out impartial justice between the ci-devant privileged tribes, whom they would naturally consider as the victims of revolutionary principles, and the children of the revolution, who, according to the same mode of reasoning, they could not fail to consider as the oppressors and robbers of the privileged tribes.

The owners of national property were most alarmed by the approaching expulsion of the revolutionary judges. By the charter, the inviolability of their property had been guaranteed to them. But they had not forgotten that a violent debate arose on the "redaction" of this article; and that the ministers had been already accused on account of the obscurity of the clause, which they refused to correct into such words as might prevent all future quibbling and special pleading.

If the emigrants, the priesthood, and the nobility, did not scruple to express their hopes aloud that the sales of the national domains might be declared null and void, it was equally well known to the public that certain Great Personages entertained the same hopes in secret. Doubts respecting the legality, and, consequently, of the validity of the sales, were expressed in the ministerial journals; and various publications were industriously disseminated, in which the purchases were directly impugned. The authors of these works were favoured and protected[10]; and it was whispered that the Great Personages, to whom we have already alluded, had deliberated on the means of realizing their hopes. All these tokens of the times united in giving too reasonable a ground for the apprehensions entertained by the proprietors of the confiscated lands; and the disorganization of the tribunals was considered as a national calamity.

It is calculated that the individuals who are interested directly or indirectly either in the purchases of the national domains, or in the rights and liabilities arising out of them, amount in number to somewhat between nine and ten millions.

An opportunity offered itself when all the uneasiness felt by this integral portion of the population of France might have been removed. It was when the law; by which the emigrants recovered possession of such part of their property as had not been alienated, came under consideration. It was natural to suppose that the administration would take advantage of the capability of the proceeding, in order to revive the confidence of the public, and to renew the guarantee of the charter. Such was not their conduct. On the contrary, M. Ferrand, the government orator, one of the men who did most mischief to the King and the kingdom, abandoned himself—we borrow the expression of the reporter of the committee—to all the acrimony of his passions, and all the profligacy of his principles. His fury could only be equalled by his folly. He did not scruple to maintain, in the midst of the representatives of the nation, that the emigrants had the greatest right to claim the justice and favour of the royal government, because they alone had not wandered from the righteous path. And starting with this position, he represented the forfeiture and sale of their property, not as the justifiable acts of a legislative body, but as revolutionary outrages and robberies which the nation ought to hasten to make good.

The Chamber of Deputies passed their censure upon the inflammatory doctrines and language of the royalist orator, and expunged the word "restitution" from the law. It had not been inserted without design, for "restitution" supposes a previous robbery, and the emigrants had not been robbed of the property: it had been confiscated by virtue of a law sanctioned by the King; and which law was only a new application of the system of confiscation created and followed up by the King's predecessors.