He also understood the dynastic exclusiveness of Europe. In a sense the houses of Hanover, of Hohenzollern, and of Savoy were parvenus in the councils of royalty; yet they were ancient princely stocks, and their accession to supreme power had not shocked popular feeling; the dubious and blood-stained title of the Czar did not diminish his influence, for his succession was not more irregular than that of many of his predecessors on the semi-oriental Russian throne. But to substitute for the Bourbons, the oldest divine-right dynasty of Europe, and in the enlightened West, a citizen king of low descent, who based his claims on popular suffrage, was to hurl defiance at a system than which to millions of minds none other was conceivable. To reach the goal fighting was not a voluntary choice, but an absolute necessity; for the French must be left in no doubt but that their popular sovereign was quite as able to assert his peerage among kings as any one of royal lineage and ecclesiastical unction would be.

These were the conditions under which the bark of liberal empire was to set sail. It does not seem possible that any pilot could have saved her amid such typhoons as she must encounter. Bonaparte was more likely to succeed than any other, and for years his craft was taut and saucy; but she had no friendly harbors in which to refit, she rode out one storm only to enter another more violent, and at last even the supernal powers of the great captain failed him. Even at the outset the omens were not as propitious as they appeared to be, since the defiance contained in Enghien's murder was better understood abroad than at home. For the moment the mistake, which in the long run was an element in Napoleon's undoing, appeared of little importance. The French public began almost immediately to discuss whether the consular power should not be made hereditary, and, within a week after its occurrence, relegated the "Enghien affair" to apparent oblivion.

For this there were numerous reasons. The discontent in the army virtually disappeared with Moreau's disgrace, and for long thereafter both generals and men were entirely docile. The Bourbons returned to their conspiracies, but so ineffectively that neither the cabinets of Europe nor the French people felt any active interest. Royalism in France was thus temporarily crushed. The France of 1803 was the new France. Her church had been reconstructed; her army was devoted to Bonaparte as the man of the nation; her revolution had been partly pruned and partly warped into the forms of a personal government, her laws revised and codified, her old orders of chivalry replaced by a new one, her financial administration purified and strengthened, her educational system renovated, her social and family life given new direction by the stringent regulation of testamentary disposition, her government centralized—in short, the whole structure, from foundation to turret, had been repaired, restored, strengthened, and given its modern form.

The people, composed of successive alluvia of immigrants and conquerors since the days of Julius Cæsar, had been thoroughly unified by the spirit of the French Revolution. They were convinced that the gains of the Revolution would be better secured by making hereditary the power of a house which must represent the principles of that event. All but a few sincerely believed that patriotism for the new France was in large measure only another name and form for devotion to the man who presided at its birth and claimed to be its progenitor. For some time past the phrase "French empire" had been used by orators and writers to designate the majesty of its institutions. As early as May, 1802, the Austrian ambassador heard the First Consul spoken of as "Emperor of the Gauls," and in March, 1803, an English gentleman in Paris recorded the same expression in his journal. There was, therefore, neither shock nor surprise anywhere in the nation when on March twenty-seventh, 1804, the senate presented to the First Consul an address proposing in the name of the people that he should take measures "to keep for the sons what he had made for the fathers." This was the moment, presumably, of Bonaparte's greatest unpopularity—not a week after the execution of the Duc d'Enghien; while yet the blundering trial of Moreau was incomplete, and his friends were representing their hero as the victim of Bonaparte's hate; before Georges had been condemned, and while Pichegru was yet alive. Yet all expected the event, most desired it, partly for the reason given by the senate, partly for the dramatic effect, partly because they wanted neither the Bourbons nor the Terror again. The senate was now known as the tool of the First Consul; Fouché was second to none of his colleagues in power and he thirsted for a renewal of favor, imperial if that was the desired label. In spite of changes, the tribunate still retained the national respect: it was desirable that the formal initiative should come from this body. During the weeks which elapsed between the address of the senate and the end of April, Bonaparte had made certain that neither Austria nor Prussia would oppose, and that army and people were willing. Indeed the fate of Moreau had, as the officers all felt, cast a limelight on the chances of insubordination, and had illuminated into a dazzling brilliance the possibilities of complaisance. The efforts of historians to prove that France did not want the empire are all failures. Every new contemporary document which sees the light of day contains more or less to prove the contrary. The French of any intelligence understood the Roman meaning of empire and indeed it was easily comprehensible. They had had long experience of the interests of all in the charge of an oligarchy; that type of democracy had brought them to the verge of ruin since nowhere could responsibility be fixed or penalties be inflicted. But the interests of all in the charge of one supernal man was a conception so plain as to be almost tangible, and to a nation distracted by revolution, most attractive. It was an imperial democracy which they desired, which they got, and which for a time retained its character. On the twenty-fifth, therefore, the First Consul seized once more the shield of the Revolution, and told the senate that he had heard with interest their plan "to insure the triumph of equality and public liberty," and would be glad to know their thoughts without reserve. "I should like on July fourteenth of this year to say to the French people: 'Fifteen years ago by a spontaneous movement you ran to arms, you secured liberty, equality, glory. To-day these chiefest treasures of the nation, assured beyond a doubt, are sheltered from every storm; they are preserved for you and your children.'"

On April thirtieth, a member of the tribunate who had been richly bribed brought in a complete project. In the interval a committee had inquired what title the future incumbent of the new hereditary office would like to have—consul, stadholder, or emperor. His prudent choice fell on the last. The word has acquired a new significance in our age; but then it still had the old Roman meaning. It propitiated the professional pride which had taken the place of republicanism in the army, and while plainly abolishing radical democracy, it also bade defiance to absolute royalism. Accordingly, the tribunes voted that Napoleon Bonaparte be intrusted with the government of France as emperor, and that the imperial power be declared hereditary. There was only one man who dared to interpose his negative vote—Napoleon's earliest protector, the veteran republican Carnot. He admitted that there was already a temporary dictator, and that the republican constitutions of the country had been unstable, but he thought that with peace would come wisdom and permanency, as in the United States. Bonaparte was a man of virtue and talent, to be sure, but what about his descendants? Commodus was the son of Marcus Aurelius. Whatever might be the splendor of a man's services, there were bounds to public gratitude, and these bounds had been reached; to overstep them would destroy the liberty which the First Consul had helped to restore. But if the nation desired what he conscientiously opposed, he would retire to private life, and unqualifiedly obey its will.

The legislative body was quickly summoned to a special meeting, and, according to the constitution, made the resolutions law by its approval. As soon as decency would permit, a new constitution was laid before the council of state, discussed under Bonaparte's direction, and sent down to the senate for consideration. On May eighteenth the paper was adopted in that body with four dissenting voices, including that of the Abbé Sieyès, who hated all charters not of his own making. On the same day the decree of the senate constituting the Empire was carried to the First Consul at St. Cloud, where it was duly approved by him, and was formally promulgated. It was found that the difficulty concerning heredity had been evaded by giving to Napoleon, but to none of his successors, the right of adoption; and should there be neither a natural nor an adoptive heir, by settling the succession first in the family of Joseph, then in that of Louis, both of whom were declared to be imperial princes. All chance was thus removed for the return of a dynasty likely to disturb the existing conditions of property.

The changes in the constitution were radical, and many of them were not made public except as they were put into operation. The tribunate was untouched; but the legislature was divided into three sections, juristic, administrative, and financial. Its members regained a partial liberty of speech, and might again discuss, but only with closed doors, the measures laid before them. The senate became a house of lords. Six great dignitaries, sixteen military grandees called marshals, and a number of the highest administrative officials were added to its numbers. Referring to the imperial state of the great German whom the French style Charlemagne, the imperial officers of Napoleon were designated, some by titles from Karling history, such as the "Great Elector," the "Arch-chancellor of the Empire," the "Arch-chancellor of State," the "Arch-treasurer"; others by ancient French designations, such as the "Constable" and the "High Admiral." These, with the imperial princes, were to be addressed as "Monseigneur," or "Your Highness," either "imperial" or "most serene," as the case might be. The Emperor himself was to be addressed as "Your Majesty" or "Sire." His civil list was twenty-five million francs; the income of each "arch" dignitary was a third of a million. Cambacérès was made Chancellor; Lebrun, Treasurer; Joseph Bonaparte was appointed Elector, and Louis, Constable; Fouché was reappointed Minister of Police; Talleyrand remained Minister of Foreign Affairs. The heraldic device chosen for the seal of the Napoleonic dynasty was the favorite symbol of the Holy Roman Empire, an eagle "au vol"—that is, on the wing.

There was nothing original in the idea of all this tawdry state except the institution of the marshals, which was altogether so. In prosperity this military hierarchy was a bulwark to the Empire, but in adversity it proved a serious element of weakness. The list was shrewdly chosen to assure the good will of the army. Jourdan, who as consular minister had successfully pacified Piedmont, was named as having been the victor of Fleurus in 1794; his republicanism was thus both recalled and finally quenched. Berthier was rewarded for his skill as chief of staff; Masséna for his daring at Rivoli, his victory at Zurich, his endurance at Genoa. Augereau, another converted democrat, was remembered for Castiglione; Brune was appointed for his campaign in Holland against the Duke of York; Davout for his Egyptian laurels; Lannes and Ney for their bravery in many actions; Murat as the great cavalry commander; Bessières as chief of the guards; Bernadotte, Soult, Moncey, and Mortier for reasons of policy and for their general reputation.

The "lion couchant" had been suggested as the heraldic device of the new Empire, but Napoleon scorned it. In all his preparations he carefully distinguished between the "State," which was of course France with its natural boundaries, and the "Empire," which was evidently something more; the resting lion might typify the former, the soaring eagle was clearly a device for the other, which, like the realm of Charles the Great, was to know no "natural" obstacles in its extension.

The most immediate sign of the new order was a changed life at the Tuileries. The palace was thronged no longer with powerful but maladroit persons who did not know how to advance, bow, and recede, and who could not wear their elegant clothes with dignity; nor with others who, more refined in their training, smiled condescendingly at the imperfect manners of the former. A thorough court was organized with careful supervision and rigid etiquette. Soon everybody could behave with sufficient grace and dignity. Fesch was the Grand Almoner; Duroc was Grand Marshal of the Palace; Talleyrand, Grand Chamberlain; Berthier, Master of the Hounds; and Caulaincourt, Master of the Horse. Many of the returned emigrants filled minor places of imperial dignity. The perfection of ceremonial was assured by the appointment, to regulate all etiquette, of Ségur, once minister of Louis XVI to Russia. Everybody was expected to study the rules and be present at numerous rehearsals. Mme. Campan, formerly a lady in waiting to Marie Antoinette, was summoned to lend her assistance.