The stormy dispute, which took place on the 16th May, 1816,[246] left every thing unsettled with respect to the house; and indeed it may be conjectured, without injustice, that Napoleon preferred the old and inconvenient mansion, with the right to complain of it as a grievance, to the new and commodious one, the possession of which must have shut his lips upon one fertile subject of misrepresentation. Repeated and equally nugatory discussions on the subject took place during the course of two or three years, all which time Napoleon complained of the want of the promised house, and the governor, on his side, alleged, there was no getting Napoleon to express a fixed opinion on the situation or the plan, or to say whether he would prefer a thorough repair of the old house, occupying M. Bertrand's apartments in the mean while, until the work should be accomplished. Sometimes Napoleon spoke of changing the situation of the house, but he never, according to Sir Hudson Lowe's averment, intimated any specific wish upon that subject, nor would condescend to say distinctly in what place it should be erected. Napoleon on his part maintained that he was confined for three years in an unhealthy barn, during which time the governor was perpetually talking about a house which had never been commenced. While the blame is thus reciprocally retorted, the impartial historian can only say, that had Sir Hudson Lowe delayed willingly the building of the house, he must have exposed himself to severe censure from his government in consequence, since his despatches were daily urging the task. There was nothing which the governor could place against this serious risk, except the malicious purpose of distressing Napoleon. On the other hand, in submitting to indifferent accommodation, rather than communicate with a man whom he seemed to hold in abhorrence, Napoleon only acted upon his general system, of which this was a part, and sacrificed his convenience, as he afterwards did his health, rather than bend his mind to comply with the regulations of his place of captivity. Mr. Ellis, an unprejudiced witness, declares that the original house seemed to him commodious and well furnished.
The fate of the new house was singular enough. It was at last erected, and is said to be a large and comfortable edifice. But it happened, that the plan directed the building to be surrounded, as is common in England, with something like a sunk ditch, surrounded by cast-iron railing of an ornamental character. No sooner had Napoleon seen these preparations, than the idea of a fortification and a dungeon entered into his head; nor was it possible to convince him that the rails and sunk fence were not intended as additional means of securing his person. When Sir Hudson Lowe learned the objection which had been started, he ordered the ground to be levelled, and the palisade removed. But before this was accomplished, Napoleon's health was too much broken to permit of his being removed, so that he died under the same roof which received him after his temporary residence at Briars.
Another subject of complaint, which Napoleon greatly insisted upon, was, that the governor of St. Helena had not been placed there merely as a ministerial person, to see duly executed the instructions which he should receive from Britain, but as a legislator, himself possessing and exercising the power to alter the regulations under which his prisoner was to be confined, to recall them, to suspend them, and finally, to replace them. To this it must be answered, that in such a situation, where the governor, holding so important a charge, was at so great a distance from the original source of his power, some discretionary authority must necessarily be lodged in him, since cases must occur where he was to act on the event as it arose, and it was indispensable that he should possess the power to do so. It must also be remembered, that different constructions might possibly be given to the instructions from the Secretary of State; and it would, in that case, have been equally anomalous and inconvenient should the governor not have had it in his power to adopt that explanation which circumstances demanded, and not less so if he had been obliged to litigate the point with his prisoner, and, as a mere ministerial person must have done, wait till a commentary on the disputed article should arrive from England.
It is a different question, and on which we are far from having so clear an opinion, whether Sir Hudson Lowe, in every case, exercised this high privilege with sound discretion. It would be unjust to condemn him unheard, who has never fairly been put upon his defence, and the evidence against whom is, we must again say, of a very suspicious nature. Still it appears, that alterations of the existing regulations were, as far as we have information, more frequent than necessity, the best if not the only apology for varying the manner of such proceedings, seems to have authorised.
For example, one of the heaviest of Napoleon's complaints is made against the restriction of the limits within which he might take exercise without the company of a British officer, which, instead of extending to twelve miles in circumference, were contracted to two-thirds of that space. Every thing in this world is relative, and we can conceive the loss of one-third of his exercising ground to have been, at this moment, a more sincere subject of distress to Napoleon, than the loss of a kingdom while he yet governed Europe. The apology alleged for this was the disposition which Napoleon seemed to show to cultivate the acquaintance of the inhabitants of St. Helena, more than it was advisable that he should have the opportunity of doing. We can easily conceive this to be true; for not only might Napoleon be disposed, from policy, to make friends among the better classes by his irresistible conciliation of manners, and of the lower class by familiarity and largesses; but he must also be supposed, with the feelings natural to humanity in distress, to seek some little variety from the monotony of existence, some little resumption of connexion with the human race, from which, his few followers excepted, he was in a manner excluded. But this aptitude to mingle with such society as chance threw within his reach, in his very limited range, might perhaps have been indulged without the possibility of his making any bad use of it, especially since no one could enter these grounds without passes and orders. The limits were shortly after restored by Sir Hudson Lowe to their original extent, Napoleon having declared that unless this were the case, he would not consent to take exercise, or observe the usual means of keeping himself in health.
The injunction requiring that Buonaparte should daily be seen by an orderly officer, was, under Sir Hudson Lowe's authority, as it had been under that of Sir George Cockburn, the subject of Buonaparte's most violent opposition. He affected to apprehend that it was to be enforced by positive violence, and carried this so far as to load fire-arms, with the idea of resisting by force any attempt of an orderly officer to insist upon performing this part of his duty. He alludes resentfully to the circumstance in his angry interview with Sir Hudson Lowe upon the 16th May, 1816. Yet, of all unpleasant regulations to which a prisoner is subjected by his captivity, that appears the least objectionable, which, assuring us from space to space that the person of the prisoner is secure, enables us, in the interval, to leave him a much greater share of personal freedom than otherwise could be permitted, because the shortness of each interval does not allow him time to use it in escape. Nevertheless, Sir Hudson Lowe, as already hinted, was content in this case to yield to the violent threats of Napoleon, and rather suffer the duty to be exercised imperfectly and by chance, than run the risk of his prisoner perishing in the affray which his obstinacy threatened. Perhaps the governor may be in this case rather censured as having given up a point impressed upon him by his original instructions, than blamed for executing them too strictly against the remarkable person who was his prisoner. We cannot but repeat the opinion we have been led to form, that, could Buonaparte's bodily presence have been exactly ascertained from time to time, his rambles through the whole of the island might have been permitted, even without the presence of a military officer.
This regulation was another circumstance, of which Napoleon most heavily complained. He regarded the company of such attendant as a mark of his defeat and imprisonment, and resolved, therefore, rather to submit to remain within the limits of the grounds of Longwood, narrow as they were, than, by stirring without them, to expose himself to the necessity of admitting the company of this odious guardian. It may be thought, that in thus judging, Napoleon did not adopt the most philosophical or even the wisest opinion. Misfortune in war is no disgrace; and to be prisoner, has been the lot before now both of kings and emperors. The orderly officers, also, who were ready to accompany Napoleon in his ride, might be often men of information and accomplishment; and their society and conversation could not but have added some variety to days so little diversified as those spent by Napoleon.
The prisoner, however, was incapable of deriving amusement from any such source. It might be as well expected that the occupant of a dungeon should amuse himself with botanizing in the ditches which moat it round. Napoleon could not forget what he had been and what he was, and plainly confessed by his conduct that he was contented rather to die, than to appear in public wearing the badge of his fate, like one who was sitting down resigned to it.
While so averse to this regulation, Napoleon had not taken the proper mode of escaping from its influence. Sir George Cockburn, upon his remonstrance after his first arrival, had granted to him a dispensation from the attendance of an orderly officer, at least in his immediate company or vicinity. This privilege was suddenly withdrawn while the admiral was yet upon the island, and both Napoleon and the various St. Helena authors, Las Cases in particular, make the most bitter complaints on the tantalizing conduct of Sir George Cockburn, who gave an indulgence, as it would seem, only with the cruel view of recalling it the next morning. The truth is here told, but not the whole truth. Napoleon had engaged to the admiral, that, in consideration of this indulgence, he would not enter into any intercourse with any of the inhabitants whom he might meet during the time of his excursion. He chose to break through his promise the very first time that he rode out alone, or only with his suite; and hence Sir George Cockburn, considering faith as broken with him, recalled the permission altogether. It was not, therefore, with a good grace, that Napoleon complained of the want of inclination on the part of the governor, to restore an indulgence to him, which he had almost instantly made a use of that was contrary to his express engagement. The truth is, that the Ex-Emperor had his own peculiar manner of viewing his own case. He considered every degree of leniency, which was at any time exercised, as a restoration of some small portion of that liberty, of which he conceived himself to be deprived illegally and tyrannically; and scrupled no more to employ what he got in endeavouring to attain a farther degree of freedom, than the prisoner whose hand is extricated from fetters would hesitate to employ it in freeing his feet. There can be no doubt, that if by means of such a privilege as riding without the attendance of an officer, he could have arranged or facilitated any mode of final escape, he would not have hesitated to use it to that effect.
But, on the other hand, such being his way of thinking, and hardly disguised, it put the governor strongly on his guard against granting any relaxation of the vigilance necessary for effectually confining him. Indulgences of this nature are, so far as they go, a species of confidence reposed in the captive by the humanity of his keeper, and cannot, in perfect good faith, be used to purposes, which must lead to the disgrace, or perhaps the ruin, of the party who grants them. If, therefore, Napoleon showed himself determined to hold a closer and more frequent intercourse with the natives of St. Helena, and the strangers who visited the island, than Sir Hudson Lowe approved, it only remained for the latter to take care that such interviews should not occur without a witness, by adhering to the restrictions, which required that a British officer should attend upon the more distant excursions of the hard-ruled captive.