"One cannot work with an institution so productive of disorder. The constitution has created a legislative power composed of three bodies. None of these branches has any right to organize itself: that must be done by the law. Therefore we must make a body which shall organize the manner of deliberations of these three branches. The Tribunate ought to be divided into five sections. The discussion of laws will take place secretly in each section: one might even introduce a discussion between these sections and those of the Council of State. Only the reporter will speak publicly. Then things will go on reasonably."
Having delivered this opinion, ex cathedra, he departed (January 7th, 1802) for Lyons, there to be invested with supreme authority in the reconstituted Cisalpine, or as it was now termed, Italian Republic[[177]]
[pg.320] Returning at the close of the month, radiant with the lustre of this new dignity, he was able to bend the Tribunate and the Corps Législatif to his will. The renewal of their membership by one-fifth served as the opportunity for subjecting them to the more pliable Senate. This august body of highly-paid members holding office for life had the right of nominating the new members; but hitherto the retiring members had been singled out by lot. Roederer, acting on a hint of the time-serving Second Consul, now proposed in the Council of State that the retiring members of those Chambers should thenceforth be appointed by the Senate, and not by lot; for the principle of the lot, he quaintly urged, was hostile to the right of election which belonged to the Senate. Against such conscious sophistry all the bolts of logic were harmless. The question was left undecided, in order that the Senate might forthwith declare in favour of its own right to determine every year not only the elections to, but the exclusions from, the Tribunate and the Corps Législatif. A senatus consultant of March legalized this monstrous innovation, which led to the exclusion from the Tribunate of zealous republicans like Benjamin Constant, Isnard, Ganilh, Daunou, and Chénier. The infusion of the senatorial nominees served to complete the nullity of these bodies; and the Tribunate, the lineal descendant of the terrible Convention, was gagged and bound within eight years of the stilling of Danton's mighty voice.
In days when civic zeal was the strength of the French Republic, the mere suggestion of such a violation of liberty would have cost the speaker his life. But since the rise of Bonaparte, civic sentiments had yielded place to the military spirit and to boundless pride in the nation's glory. Whenever republican feelings were outraged, there were sufficient distractions to dissipate any of the sombre broodings which Bonaparte so heartily disliked; and an event of international importance now came to still the voice of political criticism. [pg.321]
The signature of the definitive treaty of peace with Great Britain (March 25th, 1802) sufficed to drown the muttered discontent of the old republican party under the paeans of a nation's joy. The jubilation was natural. While Londoners were grumbling at the sacrifices which Addington's timidity had entailed, all France rang with praises of the diplomatic skill which could rescue several islands from England's grip and yet assure French supremacy on the Continent. The event seemed to call for some sign of the nation's thankfulness to the restorer of peace and prosperity. The hint having been given by the tactful Cambacérès to some of the members of the Tribunate, this now docile body expressed a wish that there should be a striking token of the national gratitude; and a motion to that effect was made by the Senate to the Corps Législatif anà to the Government itself.
The form which the national memorial should take was left entirely vague. Under ordinary circumstances the outcome would have been a column or a statue: to a Napoleon it was monarchy.
The Senate was in much doubt as to the fit course of action. The majority desired to extend the Consulate for a second term of ten years, and a formal motion to that effect was made on May 7th. It was opposed by a few, some of whom demanded the prolongation for life. The president, Tronchet, prompted by Fouché and other republicans, held that only the question of prolonging the Consulate for another term of ten years was before the Senate: and the motion was carried by sixty votes against one: the dissentient voice was that of the Girondin Lanjuinais. The report of this vote disconcerted the First Consul, but he replied with some constraint that as the people had invested him with the supreme magistrature, he would not feel assured of its confidence unless the present proposal were also sanctioned by its vote: "You judge that I owe the people another sacrifice: I will give it if the people's voice orders what your vote now authorizes." But before the mass vote of the people was taken, an important change had been made in the [pg.322] proposal itself. It was well known that Bonaparte was dissatisfied with the senatorial offer: and at a special session of the Council of State, at which Ministers were present, the Second Consul urged that they must now decide how, when, and on what question the people were to be consulted. The whole question recently settled by the Senate was thus reopened in a way that illustrated the advantage of multiplying councils and of keeping them under official tutelage. The Ministers present asserted that the people disapproved of the limitations of time imposed by the Senate; and after some discussion Cambacérès procured the decision that the consultation of the people should be on the questions whether the First Consul should hold his power for life, and whether he should nominate his successor.
To the latter part of this proposal the First Consul offered a well-judged refusal. To consult the people on the restoration of monarchy would, as yet, have been as inopportune as it was superfluous. After gaining complete power, Bonaparte could be well assured as to the establishment of an hereditary claim. The former and less offensive part of the proposal was therefore submitted to the people; and to it there could be only one issue amidst the prosperity brought by the peace, and the surveillance exercised by the prefects and the grateful clergy now brought back by the Concordat. The Consulate for Life was voted by the enormous majority of more than 3,500,000 affirmative votes against 8,374 negatives. But among these dissentients were many honoured names: among military men Carnot, Drouot, Mouton, and Bernard opposed the innovation; and Lafayette made the public statement that he could not vote for such a magistracy unless political liberty were guaranteed. A senatus consultum of August 1st forthwith proclaimed Napoleon Bonaparte Consul for Life and ordered the erection of a Statue of Peace, holding in one hand the victor's laurel and in the other the senatorial decree.
On the following day Napoleon—for henceforth he [pg.323] generally used his Christian name like other monarchs—presented to the Council of State a project of an organic law, which virtually amounted to a new constitution. The mere fact of its presentation at so early a date suffices to prove how completely he had prepared for the recent change and how thoroughly assured he was of success. This important measure was hurried through the Senate, and, without being submitted to the Tribunate or Corps Législatif, still less to the people, for whose sanction he had recently affected so much concern—was declared to be the fundamental law of the State.
The fifth constitution of revolutionary France may be thus described. It began by altering the methods of election. In place of Sieyès' lists of notabilities, Bonaparte proposed a simpler plan. The adult citizens of each canton were thenceforth to meet, for electoral purposes, in primary assemblies, to name two candidates for the office of juge de paix (i.e., magistrate) and town councillor, and to choose the members of the "electoral colleges" for the arrondissement and for the Department. In the latter case only the 600 most wealthy men of the Department were eligible. An official or aristocratic tinge was to be imparted to these electoral colleges by the infusion of members selected by the First Consul from the members of the Legion of Honour. Fixity of opinion was also assured by members holding office for life; and, as they were elected in the midst of the enthusiasm aroused by the Peace of Amiens, they were decidedly Bonapartist.