Скачать книгу

in Sieyès' plan. At the head of the Government the philosopher desired to enthrone an august personage, the Grand Elector, who was to be selected by the Senate. This Grand Elector was to nominate two Consuls, one for peace, the other for war; they were to nominate the Ministers of State, who in their turn selected the agents of power from the list of Notabilities of the Nation. The two Consuls and their Ministers administered the executive affairs. The Senate, sitting in dignified ease, was merely to safeguard the constitution, to elect the Grand Elector, and to select the members of the Corps Législatif (proper) and the Tribunate.

      Distrust of the former almost superhuman activity in law-making now appeared in divisions, checks, and balances quite ingenious in their complexity. The Legislature was divided into three councils: the Corps Législatif, properly so called, which listened in silence to proposals of laws offered by the Council of State and criticised or orally approved by the Tribunate.[131] These three bodies were not only divided, but were placed in opposition, especially the two talking bodies, which[pg.231] resembled plaintiff and defendant pleading before a gagged judge. But even so the constitution was not sufficiently guarded against Jacobins or royalists. If by any chance a dangerous proposal were forced through these mutually distrustful bodies, the Senate was charged with the task of vetoing it, and if the Grand Elector, or any other high official, strove to gain a perpetual dictatorship, the Senate was at once to absorb him into its ranks.

      Moreover, lest the voters should send up too large a proportion of Jacobins or royalists, the first selection of members of the great Councils and the chief functionaries for local affairs was to be made by the Consuls, who thus primarily exercised not only the "power from above," but also the "confidence" which ought to have come from below. Perhaps this device was necessary to set in motion Sieyès' system of wheels within wheels; for the Senate, which was to elect the Grand Elector, by whom the executive officers were indirectly to be chosen, was in part self-sufficient: the Consuls named the first members, who then co-opted, that is, chose the new members. Some impulse from without was also needed to give the constitution life; and this impulse was now to come. Where Sieyès had only contrived wheels, checks, regulator, break, and safety-valve, there now rushed in an imperious will which not only simplified the parts but supplied an irresistible motive power.

      The complexity of much of the mechanism, especially that relating to popular election and the legislature, entirely suited Bonaparte. But, while approving the triple winnowing, to which Sieyès subjected the results of manhood suffrage, and the subordination of the legislative to the executive authority,[132] the general expressed his entire disapproval of the limitations of the Grand Elector's powers. The name was anti-republican: let it be changed to First Consul. And whereas Sieyès[pg.232] condemned his grand functionary to the repose of a roi fainéant, Bonaparte secured to him practically all the powers assigned by Sieyès to the Consuls for Peace and for War. Lastly, Bonaparte protested against the right of absorbing him being given to the Senate. Here also he was successful; and thus a delicately poised bureaucracy was turned into an almost unlimited dictatorship.

      This metamorphosis may well excite wonder. But, in truth, Sieyès and his colleagues were too weary and sceptical to oppose the one "intensely practical man." To Bonaparte's trenchant reasons and incisive tones the theorist could only reply by a scornful silence broken by a few bitter retorts. To the irresistible power of the general he could only oppose the subtlety of a student. And, indeed, who can picture Bonaparte, the greatest warrior of the age, delegating the control of all warlike operations to a Consul for War while Austrian cannon were thundering in the county of Nice and British cruisers were insulting the French coasts? It was inevitable that the reposeful Grand Elector should be transformed into the omnipotent First Consul, and that these powers should be wielded by Bonaparte himself.[133]

      The extent of the First Consul's powers, as finally settled by the joint commission, was as follows. He had the direct and sole nomination of the members of the general administration, of those of the departmental and municipal councils, and of the administrators, afterwards called prefects and sub-prefects. He also appointed all military and naval officers, ambassadors and agents sent to foreign Powers, and the judges in civil and criminal suits, except the juges de paix and, later on, the members of the Cour de Cassation. He therefore controlled the army, navy, and diplomatic service, as well as the general administration. He also signed treaties, though these might be discussed, and must be ratified, by the legislative bodies. The three Consuls were to reside in the Tuileries palace; but, apart from the[pg.233] enjoyment of 150,000 francs a year, and occasional consultation by the First Consul, the position of these officials was so awkward that Bonaparte frankly remarked to Roederer that it would have been better to call them Grand Councillors. They were, in truth, supernumeraries added to the chief of the State, as a concession to the spirit of equality and as a blind to hide the reality of the new despotism. All three were to be chosen for ten years, and were re-eligible.

      Such is an outline of the constitution of 1799 (Year VIII.). It was promulgated on December 15th, 1799, and was offered to the people for acceptance, in a proclamation which closed with the words: "Citizens, the Revolution is confined to the principles which commenced it. It is finished." The news of this last fact decided the enthusiastic acceptance of the constitution. In a plébiscite, or mass vote of the people, held in the early days of 1800, it was accepted by an overwhelming majority, viz., by 3,011,007 as against only 1,562 negatives. No fact so forcibly proves the failure of absolute democracy in France; and, whatever may be said of the methods of securing this national acclaim, it was, and must ever remain, the soundest of Bonaparte's titles to power. To a pedant who once inquired about his genealogy he significantly replied: "It dates from Brumaire."

      Shortly before the plébiscite, Sieyès and Ducos resigned their temporary commissions as Consuls: they were rewarded with seats in the Senate; and Sieyès, in consideration of his constitutional work, received the estate of Crosne from the nation.

      "Sieyès à Bonaparte a fait present du trône,

       Sous un pompeux débris croyant l'ensevelir.

       Bonaparte à Sieyès a fait present de Crosne

       Pour le payer et l'avilir."

      The sting in the tail of Lebrun's epigram struck home. Sieyès' acceptance of Crosne was, in fact, his acceptance of notice to quit public affairs, in which he had always [pg.234] moved with philosophic disdain. He lived on to the year 1836 in dignified ease, surveying with Olympian calm the storms of French and Continental politics.

      The two new Consuls were Cambacérès and Lebrun. The former was known as a learned jurist and a tactful man. He had voted for the death of Louis XVI., but his subsequent action had been that of a moderate, and his knowledge of legal affairs was likely to be of the highest service to Bonaparte, who intrusted him with a general oversight of legislation. His tact was seen in his refusal to take up his abode in the Tuileries, lest, as he remarked to Lebrun, he might have to move out again soon. The third Consul, Lebrun, was a moderate with leanings towards constitutional royalty. He was to prove another useful satellite to Bonaparte, who intrusted him with the general oversight of finance and regarded him as a connecting link with the moderate royalists. The chief secretary to the Consuls was Maret, a trusty political agent, who had striven for peace with England both in 1793 and in 1797.

      As for the Ministers, they were now reinforced by Talleyrand, who took up that of Foreign Affairs, and by Berthier, who brought his powers of hard work to that of War, until he was succeeded for a time by Carnot. Lucien Bonaparte, and later Chaptal, became Minister of the Interior, Gaudin controlled Finance, Forfait the Navy, and Fouché the Police. The Council of State was organized in the following sections; that of War, which was presided over by General Brune: Marine, by Admiral Gantheaume: Finance, by Defermon: Legislation, by Boulay de la Meurthe: the Interior, by Roederer.

      The First Consul soon showed that he intended to adopt a non-partisan and thoroughly national policy. That had been, it is true, the aim of the Directors in their policy of balance and repression of extreme parties on both sides. For the reasons above indicated, they had failed: but now a stronger and more tactful grasp was to succeed in a feat which naturally became easier every year that removed the passions of the revolutionary epoch further [pg.235]

Скачать книгу