In fact, the difficulty of effecting any compromise was enormous. In seeking to reconcile the France of Rousseau and Robespierre to the unchanging policy of the Vatican, the "heir to the Revolution" was essaying a harder task than any military enterprise. To slay men has ever been easier than to mould their thoughts anew; and Bonaparte was now striving not only to remould French thought but also to fashion anew the ideas of the Eternal City. He soon perceived that this latter enterprise was more difficult than the former. The Pope and his councillors rejoiced at the signs of his repentance, but required to see the fruits thereof. Instead of first-fruits they received unheard-of demands—the surrender of the three Legations of Bologna, Ferrara, and Romagna, the renunciation of all tithes and Church lands in France, and the acceptance of a compromise with schismatics. What wonder that the replies from Rome were couched in the non possumus terms which form the last refuge of the Vatican. Finding that negotiations made no progress, Bonaparte intrusted Berthier and Murat to pay a visit to Rome and exercise a discreet but burdensome pressure in the form of requisitions for the French troops in the Papal States.

The ratification of peace with Austria gave greater weight to his representations at Rome, and he endeavoured to press on the signature of the Concordat, so as to startle the world by the simultaneous announcement of the pacification of the Continent and of the healing of the great religious schism in France. But the clerical machinery worked too slowly to admit of this projected coup de théâtre. In Bonaparte's proposals of February 25th, 1801, there were several demands already found to be inadmissible at the Vatican;[155] and matters came to a deadlock until the Pope invested Spina with larger powers for negotiating at Paris. Consalvi also proceeded to Paris, where he was received in state with other ambassadors at the Tuileries, the sight of a cardinal's robe causing no little sensation. The First Consul granted him a long interview, speaking at first somewhat seriously, but gradually becoming more affable and gracious. Yet as his behaviour softened his demands stiffened; and at the close of the audience he pressed Consalvi to sign a somewhat unfavourable version of the compact within five days, otherwise the negotiations would be at an end and a national religion would be adopted—an enterprise for which the auguries promised complete success. At a later interview he expressed the same resolution in homely phrase: when Consalvi pressed him to take a firm stand against the "constitutional" intruders, he laughingly remarked that he could do no more until he knew how he stood with Rome; for "you know that when one cannot arrange matters with God, one comes to terms with the devil."[156]

This dalliance with the "constitutionals" might have been more than an astute ruse, and Consalvi knew it. In framing a national Church the First Consul would have appealed not only to the old Gallican feeling, still strong among the clerics and laity, but also to the potent force of French nationality. The experiment might have been managed so as to offend none but the strictest Catholics, who were less to be feared than the free-thinkers. Consalvi was not far wrong when, writing of the official world at Paris, he said that only Bonaparte really desired a Concordat.

The First Consul's motives in seeking the alliance of Rome have, very naturally, been subjected to searching criticism; and in forcing the Concordat on France, and also on Rome, he was certainly undertaking the most difficult negotiation of his life.[157] But his preference for the Roman connection was an act of far-reaching statecraft. He saw that a national Church, unrecognized by Rome, was a mere half-way house between Romanism and Protestantism; and he disliked the latter creed because of its tendency to beget sects and to impair the validity of the general will. He still retained enough of Rousseau's doctrine to desire that the general will should be uniform, provided that it could be controlled by his own will. Such uniformity in the sphere of religion was impossible unless he had the support of the Papacy. Only by a bargain with Rome could he gain the support of a solid ecclesiastical phalanx. Finally, by erecting a French national Church, he would not only have perpetuated schism at home, but would have disqualified himself for acting the part of Charlemagne over central and southern Europe. To re-fashion Europe in a cosmopolitan mould he needed a clerical police that was more than merely French. To achieve those grander designs the successor of Cæsar would need the aid of the successor of Peter; and this aid would be granted only to the restorer of Roman Catholicism in France, never to the perpetuator of schism.

These would seem to be the chief reasons why he braved public opinion in Paris and clung to the Roman connection, bringing forward his plan of a Gallican Church only as a threatening move against the clerical flank. When the Vatican was obdurate he coquetted with the "constitutional" bishops, allowing them every facility for free speech in a council which they held at Paris at the close of June, 1801. He summoned to the Tuileries their president, the famous Grégoire, and showed him signal marks of esteem. "Put not your trust in princes" must soon have been the thought of Grégoire and his colleagues: for a fortnight later Bonaparte carried through his treaty with Rome and shelved alike the congress and the church of the "constitutionals."

It would be tedious to detail all the steps in this complex negotiation, but the final proceedings call for some notice. When the treaty was assuming its final form, Talleyrand, the polite scoffer, the bitter foe of all clerical claims, found it desirable to take the baths at a distant place, and left the threads of the negotiation in the hands of two men who were equally determined to prevent its signature, Maret, Secretary of State, and Hauterive, who afterwards become the official archivist of France. These men determined to submit to Consalvi a draft of the treaty differing widely from that which had been agreed upon; and that, too, when the official announcement had been made that the treaty was to be signed immediately. In the last hours the cardinal found himself confronted with unexpected conditions, many of which he had successfully repelled. Though staggered by this trickery, which compelled him to sign a surrender or to accept an open rupture, Consalvi fought the question over again in a conference that lasted twenty-four hours; he even appeared at the State dinner given on July 14th by the First Consul, who informed him before the other guests that it was a question of "my draft of the treaty or none at all." Nothing baffled the patience and tenacity of the Cardinal; and finally, by the good offices of Joseph Bonaparte, the objectionable demands thrust forward at the eleventh hour were removed or altered.

The question has been discussed whether the First Consul was a party to this device. Theiner asserts that he knew nothing of it: that it was an official intrigue got up at the last moment by the anti-clericals so as to precipitate a rupture. In support of this view, he cites letters of Maret and Hauterive as inculpating these men and tending to free Bonaparte from suspicion of complicity. But the letters cannot be said to dissipate all suspicion. The First Consul had made this negotiation peculiarly his own: no officials assuredly would have dared secretly to foist their own version of an important treaty; or, if they did, this act would have been the last of their career. But Bonaparte did not disgrace them; on the contrary, he continued to honour them with his confidence. Moreover, the First Consul flew into a passion with his brother Joseph when he reported that Consalvi could not sign the document now offered to him, and tore in pieces the articles finally arranged with the Cardinal. On the return of his usually calm intelligence, he at last allowed the concessions to stand, with the exception of two; but in a scrutiny of motives we must assign most importance, not to second and more prudent thoughts, but to the first ebullition of feelings, which seem unmistakably to prove his knowledge and approval of Hauterive's device. We must therefore conclude that he allowed the antagonists of the Concordat to make this treacherous onset, with the intention of extorting every possible demand from the dazed and bewildered Cardinal.[158]

After further delays the Concordat was ratified at Eastertide, 1802. It may be briefly described as follows: The French Government recognized that the Catholic apostolic and Roman religion was the religion of the great majority of the French people, "especially of the Consuls"; but it refused to declare it to be the religion of France, as was the case under the ancien régime. It was to be freely and publicly practised in France, subject to the police regulations that the Government judged necessary for the public tranquillity. In return for these great advantages, many concessions were expected from the Church. The present bishops, both orthodox and constitutional, were, at the Pope's invitation, to resign their sees; or, failing that, new appointments were to be made, as if the sees were vacant. The last proviso was necessary; for of the eighty-one surviving bishops affected by this decision as many as thirteen orthodox and two "constitutionals" offered persistent but unavailing protests against the action of the Pope and First Consul.

A new division of archbishoprics and bishoprics was now made, which gave in all sixty sees to France. The First Consul enjoyed the right of nomination to them, whereupon the Pope bestowed canonical investiture. The archbishops and bishops were all to take an oath of fidelity to the constitution. The bishops nominated the lower clerics provided that they were acceptable to the Government: all alike bound themselves to watch over governmental interests. The stability of France was further assured by a clause granting complete and permanent security to the holders of the confiscated Church lands—a healing and salutary compromise which restored peace to every village and soothed the qualms of many a troubled conscience. On its side, the State undertook to furnish suitable stipends to the clergy, a promise which was fulfilled in a rather niggardly spirit. For the rest, the First Consul enjoyed the same consideration as the Kings of France in all matters ecclesiastical; and a clause was added, though Bonaparte declared it needless, that if any succeeding First Consul were not a Roman Catholic, his prerogatives in religious matters should be revised by a Convention. A similar Concordat was passed a little later for the pacification of the Cisalpine Republic.

The Concordat was bitterly assailed by the Jacobins, especially by the military chiefs, and had not the infidel generals been for the most part sundered by mutual jealousies they might perhaps have overthrown Bonaparte. But their obvious incapacity for civil affairs enabled them to venture on nothing more than a few coarse jests and clumsy demonstrations. At the Easter celebration at Notre Dame in honour of the ratification of the Concordat, one of them, Delmas by name, ventured on the only protest barbed with telling satire: "Yes, a fine piece of monkery this, indeed. It only lacked the million men who got killed to destroy what you are striving to bring back." But to all protests Bonaparte opposed a calm behaviour that veiled a rigid determination, before which priests and soldiers were alike helpless.