The electoral colleges had the following powers: they nominated two candidates for each place vacant in the merely consultative councils of their respective areas, and had the equally barren honour of presenting two candidates for the Tribunate—the final act of selection being decided by the executive, that is, by the First Consul. Corresponding privileges were accorded to the electoral colleges of the Department, save that these plutocratic bodies had the right of presenting candidates for admission to the Senate. The lists of candidates for the Corps [pg.324] Législatif were to be formed by the joint action of the electoral colleges, namely, those of the Departments and those of the arrondissements. But as the resulting councils and parliamentary bodies had only the shadow of power, the whole apparatus was but an imposing machine for winnowing the air and threshing chaff.
The First Consul secured few additional rights or attributes, except the exercise of the royal prerogative of granting pardon. But, in truth, his own powers were already so large that they were scarcely susceptible of extension. The three Consuls held office for life, and were ex officio members of the Senate. The second and third Consuls were nominated by the Senate on the presentation of the First Consul: the Senate might reject two names proposed by him for either office, but they must accept his third nominee. The First Consul might deposit in the State archives his proposal as to his successor: if the Senate rejected this proposal, the second and third Consuls made a suggestion; and if it were rejected, one of the two whom they thereupon named must be elected by the Senate. The three legislative bodies lost practically all their powers, those of the Corps Législatif going to the Senate, those of the Council of State to an official Cabal formed out of it; while the Tribunate was forced to debate secretly in five sections, where, as Bonaparte observed, they might jabber as they liked.
On the other hand, the attributes of the Senate were signally enhanced. It was thenceforth charged, not only with the preservation of the republican constitution, but with its interpretation in disputed points, and its completion wherever it should be found wanting. Furthermore, by means of organic senatus consulta it was empowered to make constitutions for the French colonies, or to suspend trial by jury for five years in any Department, or even to declare it outside the limits of the constitution. It now gained the right of being consulted in regard to the ratification of treaties, previously enjoyed by the Corps Législatif. Finally, it could dissolve the Corps Législatif and the Tribunate. But this formidable machinery was [pg.325] kept under the strict control of the chief engineer: all these powers were set in motion on the initiative of the Government; and the proposals for its laws, or senatus consulta, were discussed in the Cabal of the Council of State named by the First Consul. This precaution might have been deemed superfluous by a ruler less careful about details than Napoleon; the composition of the Senate was such as to assure its pliability; for though it continued to renew its ranks by co-optation, yet that privilege was restricted in the following way: from the lists of candidates for the Senate sent up by the electoral colleges of the Departments, Napoleon selected three for each seat vacant; one of those three must be chosen by the Senate. Moreover, the First Consul was to be allowed directly to nominate forty members in addition to the eighty prescribed by the constitution of 1799. Thus, by direct or indirect means, the Senate soon became a strict Napoleonic preserve, to which only the most devoted adherents could aspire. And yet, such is the vanity of human efforts, it was this very body which twelve years later was to vote his deposition.[[178]]
The victory of action over talk, of the executive over the legislature, of the one supremely able man over the discordant and helpless many, was now complete. The process was startlingly swift; yet its chief stages are not difficult to trace. The orators of the first two National Assemblies of France, after wrecking the old royal authority, were constrained by the pressure of events to intrust the supervision of the executive powers to important committees, whose functions grew with the intensity of the national danger. Amidst the agonies of 1793, when France was menaced by the First Coalition, the Committee of Public Safety leaped forth as the ensanguined champion of democracy; and, as the crisis, developed in intensity, this terrible body and the Committee of General Security virtually governed France.
After the repulse of the invaders and the fall of Robespierre, the return to ordinary methods was marked by the[pg.326] institution of the Directory, when five men, chosen by the legislature, controlled the executive powers and the general policy of the Republic: that compromise was forcibly ended by the stroke of Brumaire. Three Consuls then seized the reins, and two years later a single charioteer gripped the destinies of France. His powers were, in fact, ultimately derived from those of the secret committees of the terrorists. But, unlike the supremacy of Robespierre, that of Napoleon could not be disputed; for the general, while guarding all the material boons which the Revolution had conferred, conciliated the interests and classes whereon the civilian had so brutally trampled. The new autocracy therefore possessed a solid strength which that of the terrorists could never possess. Indeed, it was more absolute than the dictatorial power that Rousseau had outlined. The philosopher had asserted that, while silencing the legislative power, the dictator really made it vocal, and that he could do everything but make laws. But Napoleon, after 1802, did far more: he suppressed debates and yet drew laws from his subservient legislature. Whether, then, we regard its practical importance for France and Europe, or limit our view to the mental sagacity and indomitable will-power required for its accomplishment, the triumph of Napoleon in the three years subsequent to his return from Egypt is the most stupendous recorded in the history of civilized peoples.
The populace consoled itself for the loss of political liberty by the splendour of the fête which heralded the title of First Consul for Life, proclaimed on August 15th: that day was also memorable as being the First Consul's thirty-third birthday, the festival of the Assumption, and the anniversary of the ratification of the Concordat. The decorations and fireworks were worthy of so remarkable a confluence of solemnities. High on one of the towers of Notre Dame glittered an enormous star, and at its centre there shone the sign of the Zodiac which had shed its influence over his first hours of life. The myriads of spectators who gazed at that natal emblem [pg.327] might well have thought that his life's star was now at its zenith. Few could have dared to think that it was to mount far higher into unknown depths of space, blazing as a baleful portent to kings and peoples; still less was there any Cassandra shriek of doom as to its final headlong fall into the wastes of ocean. All was joy and jubilation over a career that had even now surpassed the records of antique heroism, that blended the romance of oriental prowess with the beneficent toils of the legislator, and prospered alike in war and peace.
And yet black care cast one shadow over that jubilant festival. There was a void in the First Consul's life such as saddened but few of the millions of peasants who looked up to him as their saviour. His wife had borne him no heir: and there seemed no prospect that a child of his own would ever succeed to his glorious heritage. Family joys, it seemed, were not for him. Suspicions and bickerings were his lot. His brothers, in their feverish desire for the establishment of a Bonapartist dynasty, ceaselessly urged that he should take means to provide himself with a legitimate heir, in the last resort by divorcing Josephine. With a consideration for her feelings which does him credit, Napoleon refused to countenance such proceedings. Yet it is certain that from this time onwards he kept in view the desirability, on political grounds, of divorcing her, and made this the excuse for indulgence in amours against which Josephine's tears and reproaches were all in vain.
The consolidation of personal rule, the institution of the Legion of Honour, and the return of very many of the emigrant nobles under the terms of the recent amnesty, favoured the growth of luxury in the capital and of Court etiquette at the Tuileries and St. Cloud. At these palaces the pomp of the ancien régime was laboriously copied. General Duroc, stiff republican though he was, received the appointment of Governor of the Palace; under him were chamberlains and prefects of the palace, who enforced a ceremonial that struggled to be monarchical. The gorgeous liveries and sumptuous garments [pg.328] of the reign of Louis XV. speedily replaced the military dress which even civilians had worn under the warlike Republic. High boots, sabres, and regimental headgear gave way to buckled shoes, silk stockings, Court rapiers, and light hats, the last generally held under the arm. Tricolour cockades were discarded, along with the revolutionary jargon which thou'd and citizen'd everyone; and men began to purge their speech of some of the obscene terms which had haunted clubs and camps.
It was remarked, however, that the First Consul still clung to the use of the term citizen, and that amidst the surprising combinations of colours that flecked his Court, he generally wore only the uniform of a colonel of grenadiers or of the light infantry of the consular guard. This conduct resulted partly from his early dislike of luxury, but partly, doubtless, from a conviction that republicans will forgive much in a man who, like Vespasian, discards the grandeur which his prowess has won, and shines by his very plainness. To trifling matters such as these Napoleon always attached great importance; for, as he said to Admiral Malcolm at St. Helena: "In France trifles are great things: reason is nothing."[[179]] Besides, genius so commanding as his little needed the external trappings wherewith ordinary mortals hide their nullity. If his attire was simple, it but set off the better the play of his mobile features, and the rich, unfailing flow of his conversation. Perhaps no clearer and more pleasing account of his appearance and his conduct at a reception has ever been given to the world than this sketch of the great man in one of his gentler moods by John Leslie Foster, who visited Paris shortly after the Peace of Amiens:
"He is about five feet seven inches high, delicately and gracefully made; his hair a dark brown crop, thin and lank; his complexion smooth, pale, and sallow; his eyes gray, but very animated; his eye-brows light brown, thin and projecting. All his features, particularly his mouth and nose, fine, sharp,[pg.329] defined, and expressive beyond description; expressive of what? Not of anythingpercé as the prints expressed him, still less of anything méchant; nor has he anything of that eye whose bend doth awe the world. The true expression of his countenance is a pleasing melancholy, which, whenever he speaks, relaxes into the most agreeable and gracious smile you can conceive. To this you must add the appearance of deep and intense thought, but above all the predominating expression a look of calm and tranquil resolution and intrepidity which nothing human could discompose. His address is the finest I have ever seen, and said by those who have travelled to exceed not only every Prince and Potentate now in being, but even all those whose memory has come down to us. He has more unaffected dignity than I could conceive in man. His address is the gentlest and most prepossessing you can conceive, which is seconded by the greatest fund of levée conversation that I suppose any person ever possessed. He speaks deliberately, but very fluently, with particular emphasis, and in a rather low tone of voice. While he speaks, his features are still more expressive than his words."[[180]]