Life of Napoleon Bonaparte, Volume II.

by Walter Scott

"The ideas of Napoleon were fixed; but the aid of time and events were necessary for their realization. The organization of the Consulate had presented nothing in contradiction to them; it taught unanimity, and that was the first step. This point gained, Napoleon was quite indifferent as to the form and denominations of the several constituted bodies. He was a stranger to the Revolution. It was natural that the will of these men, who had followed it through all its phases, should prevail in questions as difficult as they were abstract. The wisest plan was to go on from day to day—by the polar star by which Napoleon meant to guide the Revolution to the haven he desired."[608]

If there is any thing obscure in this passage, it received but too luminous a commentary from the course of Buonaparte's actions; all of which tend to show that he embraced the Consular government as a mere temporary arrangement, calculated to prepare the minds of the French nation for his ulterior views of ambition, as young colts are ridden with a light bridle until they are taught by degrees to endure the curb and bit, or as water-fowl taken in a decoy are first introduced within a wider circuit of nets, in order to their being gradually brought within that strict enclosure where they are made absolute prisoners. He tells us in plain terms, he let the revolutionary sages take their own way in arranging the constitution; determined, without regarding the rules they laid down on the chart, to steer his course by one fixed point to one desired haven. That polar star was his own selfish interest—that haven was despotic power. What he considered as most for his own interest, he was determined to consider as the government most suited for France also. Perhaps he may have persuaded himself that he was actually serving his country as well as himself; and, indeed, justly considered, he was in both instances equally grievously mistaken.

SPECIAL CRIMINAL TRIBUNAL.

With the views which he entertained, the chief consul regarded the conspiracies against his life as affording a pretext for extending his power too favourable to be neglected. These repeated attacks on the Head of the state made it desirable that some mode should be introduced of trying such offences, briefer and more arbitrary than the slow forms required by ordinary jurisprudence. The prompt and speedy justice to be expected from a tribunal freed from the ordinary restraint of formalities and justice, was stated to be more necessary on account of the state of the public roads, infested by bands called Chauffeurs, who stopped the public carriages, intercepted the communications of commerce, and became so formidable, that no public coach was permitted to leave Paris without a military guard of at least four soldiers on the roof. This was used as a strong additional reason for constituting a special court of judicature.

Buonaparte could be at no loss for models of such an institution. As hero of the Revolution, he had succeeded to the whole arsenal of revolutionary weapons forged in the name of Liberty, to oppress the dearest rights of humanity. He had but to select that which best suited him, and to mould it to the temper of the times. The country which had so long endured the Revolutionary Tribunal, was not likely to wince under any less stern judicature.

The court which Government now proposed to establish, was to consist of eight members thus qualified. 1. The president and two judges of the ordinary criminal tribunal. 2. Three military men, bearing at least the rank of a captain. 3. Two citizens, to be suggested by Government, who should be selected from such as were by the constitution qualified to act as judges. Thus five out of eight judges were directly named by the Government for the occasion. The court was to decide without jury, without appeal, and without revision of any kind. As a boon to the accused, the court were to have at least six members present, and there was to be no casting vote; so that the party would have his acquittal, unless six members out of eight, or four members out of six, should unite in finding him guilty; whereas in other courts, a bare majority is sufficient for condemnation.

With this poor boon to public opinion, the special Commission Court was to be the jurisdiction before whom armed insurgents, conspirators, and in general men guilty of crimes against the social compact, were to undergo their trial.

The counsellor of state, Portalis, laid this plan before the Legislative Body, by whom it was, according to constitutional form, referred to the consideration of the Tribunate. It was in this body, the only existing branch of the constitution where was preserved some shadow of popular forms and of free debate, that those who continued to entertain free sentiments could have any opportunity of expressing them. Benjamin Constant, Daunon, Chenier, and others, the gleanings as it were of the liberal party, made an honourable but unavailing defence against this invasion of the constitution, studying at the same time to express their opposition in language and by arguments least likely to give offence to the Government. To the honour of the Tribunate, which was the frail but sole remaining barrier of liberty, the project had nearly made shipwreck, and was only passed by a small majority of forty-nine over forty-one. In the Legislative Body there was also a strong minority.[609] It seemed as if the friends of liberty, however deprived of direct popular representation, and of all the means of influencing public opinion, were yet determined to maintain an opposition to the first consul, somewhat on the plan of that of England.

Another law, passed at this time, must have had a cooling effect on the zeal of some of these patriots. It was announced that there were a set of persons, who were to be regarded rather as public enemies than as criminals, and who ought to be provided against rather by anticipating and defeating their schemes than by punishing their offences. These consisted of Republicans, Royalists, or any others entertaining, or supposed to entertain, opinions inimical to the present state of affairs; and the law now passed entitled the government to treat them as suspected persons, and as such, to banish them from Paris or from France. Thus was the chief consul invested with full power over the personal liberty of every person whom he chose to consider as the enemy of his government.

Buonaparte was enabled to avail himself to the uttermost of the powers which he had thus extracted from the constitutional bodies, by the frightful agency of the police. This institution may, even in its mildest form, be regarded as a necessary evil; for although, while great cities continue to afford obscure retreats for vice and crime of every description, there must be men, whose profession it is to discover and bring criminals to justice, as while there are vermin in the animal world, there must be kites and carrion-crows to diminish their number; yet, as the excellence of these guardians of the public depends in a great measure on their familiarity with the arts, haunts, and practices of culprits, they cannot be expected to feel the same horror for crimes, or criminals, which is common to other men. On the contrary, they have a sympathy with them of the same kind which hunters entertain for the game which is the object of their pursuit. Besides, as much of their business is carried on by the medium of spies, they must be able to personate the manners and opinions of those whom they detect; and are frequently induced, by their own interest, to direct, encourage, nay suggest crimes, that they may obtain the reward due for conviction of the offenders.