One evening at Fontainbleau, as the Empress was returning from mass, Fouché detained her in the embrasure of a window in the gallery, while, with an audacity almost incomprehensible, he explained, with all the alleviating qualifications his ingenuity could suggest, the necessity of a sacrifice, which he represented as equally sublime and inevitable. The tears gathered in Josephine's eyes—her colour came and went—her lips swelled—and the least which the counsellor had to fear, was his advice having brought on a severe nervous affection. She commanded her emotions, however, sufficiently to ask Fouché, with a faltering voice, whether he had any commission to hold such language to her. He replied in the negative, and said that he had only ventured on such an insinuation from his having predicted with certainty what must necessarily come to pass; and from his desire to turn her attention to what so nearly concerned her glory and happiness.[28]

In consequence of this interview, an impassioned and interesting scene is said to have taken place betwixt Buonaparte and his consort, in which he naturally and truly disavowed the communication of Fouché, and attempted, by every means in his power, to dispel her apprehensions. But he refused to dismiss Fouché, when she demanded it as the punishment due to that minister's audacity, in tampering with her feelings; and this refusal alone might have convinced Josephine, that though ancient habitual affection might for a time maintain its influence in the nuptial chamber, it must at length give way before the suggestions of political interest, which were sure to predominate in the cabinet. In fact, when the idea had once been started, the chief objection was removed, and Buonaparte, being spared the pain of directly communicating the unkind and ungrateful proposal to Josephine, had now only to afford her time to familiarise herself with the idea of a divorce, as that which political combinations rendered inevitable.

The communication of Fouché was made before Napoleon undertook his operations in Spain; and by the time of the meeting at Erfurt, the divorce seems to have been a matter determined, since the subject of a match betwixt Buonaparte and one of the archduchesses, the possibility of which had been anticipated as far back as the treaty of Tilsit, was resumed, seriously treated of, and if not received with cordiality by the Imperial family of Russia, was equally far from being finally rejected. The reigning Empress, and the Empress Mother, were, however, opposed to it. The ostensible motive was, as we have elsewhere said, the difference of religion; but these high-minded princesses rejected the alliance chiefly on account of the personal character of the suitor. And although it must have been managed with the greatest secrecy imaginable, it seems probable that the idea of substituting an Archduchess of Austria for her whose hand was refused him, was started in the course of the treaty of Schoenbrun, and had its effects in providing lenient terms for the weaker party. Napoleon himself says, that he renounced his purpose of dismembering Austria when his marriage was fixed upon. But the conditions of peace were signed on the 15th of October, and therefore the motive which influenced Napoleon in granting them must have had existence previous to that period.

Yet the contrary is boldly asserted. The idea of the match is said to have been suggested by the Austrian government at a later period, upon understanding that difficulties had occurred in Napoleon's negotiation for a matrimonial alliance in the family of Alexander. Fouché ascribes the whole to the address of his own agent, the Comte de Narbonne, a Frenchman of the old school, witty, pliant, gay, well-mannered, and insinuating, who was ambassador at Vienna in the month of January 1810.[29]

But, whether the successor of Josephine were or were not already determined upon, the measures for separating this amiable and interesting woman from him whose fortunes she had assisted to raise, and to whose person she was so much attached, were in full and public operation soon after her husband's return from the campaign of Wagram. Upon the 3d of December, Buonaparte attended the solemn service of Te Deum for his victories. He was clad with unusual magnificence, wearing the Spanish costume, and displaying in his hat an enormous plume of feathers. The Kings of Saxony and Wirtemberg, who attended as his satellites on this occasion, were placed beside him in full uniform, and remained uncovered during the ceremony.

From the cathedral, Napoleon passed to the opening of the Legislative Body, and boasted, in the oration he addressed to them, of the victories which he had achieved, and the trophies which he had acquired; nay, he vaunted of his having reunited Tuscany to the empire—as if the spoiling the inoffensive and unresisting widow and orphan could ever be a legitimate subject of triumph. From the existing affairs of Spain, no direct reason for gratulation could be derived; but when Napoleon could no longer claim praise from things as they presently stood, he was profuse in his promises of a rapid change to the better, and spoke as a prophet when he ceased to be the reporter of agreeable facts. "When I," he said, "show myself on the other side of the Pyrenees, the terrified Leopard shall plunge into the ocean, to avoid shame, defeat, and destruction. The triumph of my arms shall be that of the Genius of Good over the Genius of Evil, of moderation, order, and morals, over civil war, anarchy, and the malevolent passions." With such fair colouring will ambition and injustice attempt to screen their purposes. A poetical reply from M. de Fontanes assured the Emperor, that whatever was connected with him must arise to grandeur, whatever was subjected to any other influence was threatened with a speedy fall. "It was therefore necessary," he continued, "to submit to your ascendency, whose counsels are at once recommended by heroism and by policy." To this speech Buonaparte made a rejoinder, in which, resuming the well-worn themes of his own praises, he alluded to the obstacles which he had surmounted, and concluded, "I and my family will always know how to sacrifice our most tender affections to the interests and welfare of the Great Nation." These concluding words, the meaning of which was already guessed by all who belonged to the Court, were soon no riddle to the public in general.

Two days afterwards, Napoleon made Josephine acquainted with the cruel certainty, that the separation was ultimately determined upon. But not the many months which had passed since the subject was first touched upon by Fouché—not the conviction which she must have long since received from various quarters, that the measure was unalterably resolved upon, could strengthen her to hear the tongue of her beloved husband announce what was in fact, though not in name, a sentence of repudiation. She fell into a long and profound swoon. Napoleon was much affected, but his resolution was taken, and could not be altered. The preparations for the separation went on without delay.

On the 15th December, just ten days after the official communication of her fate had been given to the Empress, Napoleon and Josephine appeared in presence of the Arch-Chancellor, the family of Napoleon, the principal officers of state—in a word, the full Imperial Council. In this assembly, Napoleon stated the deep national interest which required that he should have successors of his own body, the heirs of his love for his people, to occupy the throne on which Providence had placed him. He informed them, that he had for several years renounced the hope of having children by his well-beloved Empress Josephine; and that therefore he had resolved to subject the feelings of his heart to the good of the state, and desire the dissolution of their marriage. He was, he said, but forty years old, and might well hope to live to train up such children as Providence might send him, in his own sentiments and arts of government. Again he dwelt on the truth and tenderness of his beloved spouse, his partner during fifteen years of happy union. Crowned as she had been by his own hand, he desired she should retain the rank of Empress during her life.

Josephine arose, and with a faltering voice, and eyes suffused with tears, expressed in a few words[30] sentiments similar to those of her husband. The Imperial pair then demanded from the Arch-Chancellor a written instrument in evidence of their mutual desire of separation; and it was granted accordingly, in all due form, with the authority of the Council.

The Senate were next assembled; and on the 16th December, pronounced a consultum, or decree, authorising the separation of the Emperor and Empress, and assuring to Josephine a dowry of two millions of francs, and the rank of Empress during her life. Addresses were voted to both the Imperial parties, in which all possible changes were rung on the duty of subjecting our dearest affections to the public good; and the conduct of Buonaparte in exchanging his old consort for a young one, was proclaimed a sacrifice, for which the eternal love of the French people could alone console his heart.