Book: History of Modern Europe 1792 1878

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[Napoleon as a legislator.]

When Napoleon declared that he desired his fame to rest upon the Civil
Code, he showed his appreciation of the power which names exercise over
mankind. It is probable that a majority of the inhabitants of Western
Europe believe that Napoleon actually invented the laws which bear his
name. As a matter of fact, the substance of these laws was fixed by the
successive Assemblies of the Revolution; and, in the final revision which
produced the Civil Code, Napoleon appears to have originated neither more
nor less than several of the members of his Council whose names have long
been forgotten. He is unquestionably entitled to the honour of a great
legislator, not, however, as one who, like Solon or like Mahomet, himself
created a new body of law, but as one who most vigorously pursued the work
of consolidating and popularising law by the help of all the skilled and
scientific minds whose resources were at his command. Though faulty in
parts, the Civil Code, through its conciseness, its simplicity, and its
justice, enabled Napoleon to carry a new and incomparably better social
order into every country that became part of his Empire. Four other Codes,
appearing at intervals from the year 1804 to the year 1810, embodied, in a
corresponding form, the Law of Commerce, the Criminal Law, and the Rules of
Civil and of Criminal Process. [98] The whole remains a monument of the
legal energy of the period which began in 1789, and of the sagacity with
which Napoleon associated with his own rule all the science and the
reforming zeal of the jurists of his day.

[The Concordat.]

[The Concordat destroys the Free Church.]

Far more distinctively the work of Napoleon's own mind was the
reconciliation with the Church of Rome effected by the Concordat. It was a
restoration of religion similar to that restoration of political order
which made the public service the engine of a single will. The bishops and
priests, whose appointment the Concordat transferred from their
congregations to the Government, were as much instruments of the First
Consul as his prefects and his gendarmes. The spiritual wants of the
public, the craving of the poor for religious consolation, were made the
pretext for introducing the new theological police. But the situation of
the Catholic Church was in reality no worse in France at the commencement
of the Consulate than its present situation in Ireland. The Republic had
indeed subjected the non-juring priests to the heaviest penalties, but the
exercise of Christian worship, which, even in the Reign of Terror, had only
been interrupted by local and individual fanaticism, had long recovered the
protection of the law, services in the open air being alone prohibited.
[99] Since 1795 the local authorities had been compelled to admit the
religious societies of their district to the use of church-buildings.
Though the coup d'etat of Fructidor, 1797, renewed the persecution of
non-juring priests, it in no way checked the activity of the Constitutional
Church, now free from all connection with the Civil Government. While the
non-juring priests, exiled as political offenders, or theatrically adoring
the sacred elements in the woods, pretended that the age of the martyrs had
returned to France, a Constitutional Church, ministering in 4,000 parishes,
unprivileged but unharassed by the State, supplied the nation with an
earnest and respectable body of clergy. [100] But in the eyes of the First
Consul everything left to voluntary association was so much lost to the
central power. In the order of nature, peasants must obey priests, priests
must obey bishops, and bishops must obey the First Consul. An alliance with
the Pope offered to Bonaparte the means of supplanting the popular
organisation of the Constitutional Church by an imposing hierarchy, rigid
in its orthodoxy and unquestioning in its devotion to himself. In return
for the consecration of his own rule, Bonaparte did not shrink from
inviting the Pope to an exercise of authority such as the Holy See had
never even claimed in France. The whole of the existing French Bishops,
both the exiled non-jurors and those of the Constitutional Church, were
summoned to resign their Sees into the hands of the Pope; against all who
refused to do so sentence of deposition was pronounced by the Pontiff,
without a word heard in defence, or the shadow of a fault alleged. The Sees
were re-organised, and filled up by nominees of the First Consul. The
position of the great body of the clergy was substantially altered in its
relation to the Bishops. Episcopal power was made despotic, like all other
power in France: thousands of the clergy, hitherto secure in their livings,
were placed at the disposal of their bishop, and rendered liable to be
transferred at the pleasure of their superior from place to place. The
Constitutional Church vanished, but religion appeared to be honoured by
becoming part of the State.

[Results in Ultramontanism.]

In its immediate action, the Napoleonic Church served the purpose for which
it was intended. For some few years the clergy unflaggingly preached,
prayed, and catechised to the glory of their restorer. In the greater cycle
of religious change, the Concordat of Bonaparte appears in another light.
However little appreciated at the time, it was the greatest, the most
critical, victory which the Roman See has ever gained over the more
enlightened and the more national elements in the Catholic Church. It
converted the Catholicism of France from a faith already far more
independent than that of Fenelon and Bossuet into the Catholicism which in
our own day has outstripped the bigotry of Spain and Austria in welcoming
the dogma of Papal infallibility. The lower clergy, condemned by the State
to an intolerable subjection, soon found their only hope in an appeal to
Rome, and instinctively worked as the emissaries of the Roman See. The
Bishops, who owed their office to an unprecedented exercise of Papal power
and to the destruction of religious independence in France, were not the
men who could maintain a struggle with the Papacy for the ancient Gallican
liberties. In the resistance to the Papacy which had been maintained by the
Continental Churches in a greater or less degree during the eighteenth
century, France had on the whole taken the most effective part; but, from
the time when the Concordat dissolved both the ancient and the
revolutionary Church system of France, the Gallican tradition of the past
became as powerless among the French clergy as the philosophical liberalism
of the Revolution.

[So do the German changes.]

In Germany the destruction of the temporal power of the Church tended
equally to Ultramontanism. An archbishop of Cologne who governed half a
million subjects was less likely to prostrate himself before the Papal
Chair than an archbishop of Cologne who was only one among a regiment of
churchmen. The spiritual Electors and Princes who lost their dominions in
1801 had understood by the interests of their order something more tangible
than a body of doctrines. When not hostile to the Papacy, they had usually
treated it with indifference. The conception of a Catholic society exposed
to persecution at the hands of the State on account of its devotion to Rome
was one which had never entered the mind of German ecclesiastics in the
eighteenth century. Without the changes effected in Germany by the Treaty
of Luneville, without the Concordat of Bonaparte, Catholic orthodoxy would
never have become identical with Ultramontanism. In this respect the
opening years of the present century mark a turning-point in the relation
of the Church to modern life. Already, in place of the old monarchical
Governments, friendly on the whole to the Catholic Church, events were
preparing the way for that changed order with which the century seems
destined to close--an emancipated France, a free Italy, a secular,
state-disciplined Germany, and the Church in conspiracy against them all.




CHAPTER VI.


England claims Malta--War renewed--Bonaparte occupies Hanover, and
blockades the Elbe--Remonstrances of Prussia--Cadoudal's Plot--Murder of
the Duke of Enghien--Napoleon Emperor--Coalition of 1805--Prussia holds
aloof--State of Austria--Failure of Napoleon's attempt to gain naval
superiority in the Channel--Campaign in Western Germany--Capitulation of
Ulm--Trafalgar--Treaty of Potsdam between Prussia and the Allies--The
French enter Vienna--Haugwitz sent to Napoleon with Prussian Ultimatum--
Battle of Austerlitz--Haugwitz signs a Treaty of Alliance with
Napoleon--Peace--Treaty of Presburg--End of the Holy Roman Empire--
Naples given to Joseph Bonaparte--Battle of Maida--The Napoleonic Empire
and Dynasty--Federation of the Rhine--State of Germany--Possibility of
maintaining the Empire of 1806.


[England prepares for war, Nov., 1802.]

[England claims Malta.]

War was renewed between France and Great Britain in the spring of 1803.
Addington's Government, in their desire for peace, had borne with
Bonaparte's aggressions during all the months of negotiation at Amiens;
they had met his complaints against the abuse of the English press by
prosecuting his Royalist libellers; throughout the Session of 1802 they had
upheld the possibility of peace against the attacks of their parliamentary
opponents. The invasion of Switzerland in the autumn of 1802, following the
annexation of Piedmont, forced the Ministry to alter its tone. The King's
Speech at the meeting of Parliament in November declared that the changes
in operation on the Continent demanded measures of security on the part of
Great Britain. The naval and military forces of the country were restored
to a war-footing; the evacuation of Malta by Great Britain, which had
hitherto been delayed chiefly through a misunderstanding with Russia, was
no longer treated as a matter of certainty. While the English Government
still wavered, a challenge was thrown down by the First Consul which forced
them into decided action. The _Moniteur_ published on the 13th of January,
1803, a report upon Egypt by Colonel Sebastiani, pointing in the plainest
terms to the renewal of French attacks upon the East. The British
Government demanded explanations, and declared that until satisfaction was
given upon this point they should retain possession of Malta. Malta was in
fact appropriated by Great Britain as an equivalent for the Continental
territory added to France since the end of the war. [101]

[War, May, 1803.]

It would have been better policy if, some months earlier, Bonaparte had
been required to withdraw from Piedmont or from Switzerland, under pain of
hostilities with England. Great Britain had as little technical right to
retain Malta as Bonaparte had to annex Piedmont. The desire for peace had,
however, led Addington's Government to remain inactive until Bonaparte's
aggressions had become accomplished facts. It was now too late to attempt
to undo them: England could only treat the settlement of Amiens as
superseded, and claim compensation on its own side. Malta was the position
most necessary to Great Britain, in order to prevent Bonaparte from
carrying out projects in Egypt and Greece of which the Government had
evidence independent of Sebastiani's report. The value of Malta, so lately
denied by Nelson, was now fully understood both in France and England. No
sooner had the English Ministry avowed its intention of retaining the
island than the First Consul declared himself compelled to take up arms in
behalf of the faith of treaties. Ignoring his own violations of
treaty-rights in Italy and Switzerland, Bonaparte declared the retention of
Malta by Great Britain to be an outrage against all Europe. He assailed the
British Ambassador with the utmost fury at a reception held at the
Tuileries on the 13th of March; and, after a correspondence of two months,
which probably marked his sense of the power and obstinacy of his enemy,
the conflict was renewed which was now to continue without a break until
Bonaparte was driven from his throne.

[Bonaparte and Hanover.]

So long as England was without Continental allies its warfare was limited
to the seizure of colonies and the blockade of ports: on the part of France
nothing could be effected against the island Power except by actual
invasion. There was, however, among the communities of Germany one which,
in the arguments of a conqueror, might be treated as a dependency of
England, and made to suffer for its connection with the British Crown.
Hanover had hitherto by common agreement been dissociated from the wars in
which its Elector engaged as King of England; even the personal presence of
King George II. at the battle of Dettingen had been held no ground for
violating its neutrality. Bonaparte, however, was untroubled by precedents
in a case where he had so much to gain. Apart from its value as a possible
object of exchange in the next treaty with England, Hanover would serve as
a means of influencing Prussia: it was also worth so many millions in cash
through the requisitions which might be imposed upon its inhabitants. The
only scruple felt by Bonaparte in attacking Hanover arose from the
possibility of a forcible resistance on the part of Prussia to the
appearance of a French army in North Germany. Accordingly, before the
invasion began, General Duroc was sent to Berlin to inform the King of the
First Consul's intentions, and to soothe any irritation that might be felt
at the Prussian Court by assurances of friendship and respect.

[Prussia and Hanover.]

It was a moment of the most critical importance to Prussia. Prussia was the
recognised guardian of Northern Germany; every consideration of interest
and of honour required that its Government should forbid the proposed
occupation of Hanover--if necessary, at the risk of actual war. Hanover in
the hands of France meant the extinction of German independence up to the
frontiers of the Prussian State. If, as it was held at Berlin, the cause of
Great Britain was an unjust one, and if the connection of Hanover with the
British Crown was for the future to make that province a scapegoat for the
offences of England, the wisest course for Prussia would have been to
deliver Hanover at once from its French and from its English enemies by
occupying it with its own forces. The Foreign Minister, Count Haugwitz,
appears to have recommended this step, but his counsels were overruled.
King Frederick William III., who had succeeded his father in 1797, was a
conscientious but a timid and spiritless being. Public affairs were in the
hands of his private advisers, of whom the most influential were the
so-called cabinet-secretaries, Lombard and Beyme, men credulously anxious
for the goodwill of France, and perversely blind to the native force and
worth which still existed in the Prussian Monarchy. [102] Instead of
declaring the entry of the French into Hanover to be absolutely
incompatible with the safety of the other North German States, King
Frederick William endeavoured to avert it by diplomacy. He tendered his
mediation to the British Government upon condition of the evacuation of
Malta; and, when this proposal was bluntly rejected, he offered to the
First Consul his personal security that Hanover should pay a sum of money
in order to be spared the intended invasion.

[French enter Hanover, May, 1803.]

[Oppression in Hanover, 1803-1805.]

Such a proposal marked the depth to which Prussian statemanship had sunk;
it failed to affect the First Consul in the slightest degree. While
negotiations were still proceeding, a French division, commanded by General
Mortier, entered Hanover (May, 1803). The Hanoverian army was lost through
the follies of the civil Government; the Duke of Cambridge, commander of
one of its divisions, less ingenious than his brother the Duke of York in
finding excuses for capitulation, resigned his commission, and fled to
England, along with many brave soldiers, who subsequently found in the army
of Great Britain the opportunity for honourable service which was denied to
them at home. Hanover passed into the possession of France, and for two
years the miseries of French occupation were felt to the full. Extortion
consumed the homely wealth of the country; the games and meetings of the
people were prohibited; French spies violated the confidences of private
life; law was administered by foreign soldiers; the press existed only for
the purpose of French proselytism. It was in Hanover that the bitterness of
that oppression was first felt which subsequently roused all North Germany
against a foreign master, and forced upon the race the long-forgotten
claims of patriotism and honour.

[French blockade the Elbe.]

[Vain remonstrance of Prussia.]

Bonaparte had justly calculated upon the inaction of the Prussian
Government when he gave the order to General Mortier to enter Hanover; his
next step proved the growth of his confidence in Prussia's impassivity. A
French force was despatched to Cuxhaven, at the mouth of the Elbe, in order
to stop the commerce of Great Britain with the interior of Germany. The
British Government immediately informed the Court of Berlin that it should
blockade the Elbe and the Weser against the ships of all nations unless the
French soldiers withdrew from the Elbe. As the linen trade of Silesia and
other branches of Prussian industry depended upon the free navigation of
the Elbe, the threatened reprisals of the British Government raised very
serious questions for Prussia. It was France, not England, that had first
violated the neutrality of the river highway; and the King of Prussia now
felt himself compelled to demand assurances Bonaparte that the interests of
Germany should suffer no further injury at his hands. A letter was written
by the King to the First Consul, and entrusted to the cabinet-secretary,
Lombard, who carried it to Napoleon at Brussels (July, 1803). Lombard, the
son of French parents who had settled at Berlin in the reign of Frederick
the Great, had risen from a humble station through his skill in expression
in the two languages that were native to him; and the accomplishments which
would have made him a good clerk or a successful journalist made him in the
eyes of Frederick William a counsellor for kings. The history of his
mission to Brussels gives curious evidence both of the fascination
exercised by Napoleon over common minds, and of the political helplessness
which in Prussia could now be mistaken for the quality of a statesman.
Lombard failed to obtain from Napoleon any guarantee or security whatever;
yet he wrote back in terms of the utmost delight upon the success of his
mission. Napoleon had infatuated him by the mere exercise of his personal
charm. "What I cannot describe," said Lombard, in his report to the King
relating his interview with the First Consul, [103] "is the tone of
goodness and noble frankness with which he expressed his reverence for your
Majesty's rights, and asked for that confidence from your Majesty which he
so well deserves." "I only wish," he cried at the close of Napoleon's
address, "that I could convey to the King, my master, every one of your
words and the tone in which they are uttered; he would then, I am sure,
feel a double joy at the justice with which you have always been treated at
his hands." Lombard's colleagues at Berlin were perhaps not stronger men
than the envoy himself, but they were at least beyond the range of
Napoleon's voice and glance, and they received this rhapsody with coldness.
They complained that no single concession had been made by the First Consul
upon the points raised by the King. Cuxhaven continued in French hands; the
British inexorably blockaded the Germans upon their own neutral waters; and
the cautious statecraft of Prussia proved as valueless to Germany as the
obstinate, speculating warfare of Austria.

[Alexander displeased.]

There was, however, a Power which watched the advance of French dominion
into Northern Germany with less complaisance than the Germans themselves.
The Czar of Russia had gradually come to understand the part allotted to
him by Bonaparte since the Peace of Luneville, and was no longer inclined
to serve as the instrument of French ambition. Bonaparte's occupation of
Hanover changed the attitude of Alexander into one of coldness and
distrust. Alexander saw and lamented the help which he himself had given to
Bonaparte in Germany: events that now took place in France itself, as well
as the progress of French intrigues in Turkey, [104] threw him into the
arms of Bonaparte's enemies, and prepared the way for a new European
coalition.

[Bonaparte about to become Emperor.]

[Murder of the Duke of Enghien, March 20, 1804.]

The First Bonaparte Consul had determined to assume the dignity of Emperor.
The renewal of war with England excited a new outburst of enthusiasm for
his person; nothing was wanting to place the crown on his head but the
discovery of a plot against his life. Such a plot had been long and
carefully followed by the police. A Breton gentleman, Georges Cadoudal, had
formed the design of attacking the First Consul in the streets of Paris in
the midst of his guards. Cadoudal and his fellow-conspirators, including
General Pichegru, were traced by the police from the coast of Normandy to
Paris: an unsuccessful attempt was made to lure the Count of Artois, and
other royal patrons of the conspiracy, from Great Britain. When all the
conspirators who could be enticed to France were collected within the
capital, the police, who had watched every stage of the movement, began to
make arrests. Moreau, the last Republican soldier of France, was charged
with complicity in the plot. Pichegru and Cadoudal were thrown into prison,
there to await their doom; Moreau, who probably wished for the overthrow of
the Consular Government, but had no part in the design against Bonaparte's
life, [105] was kept under arrest and loaded with official calumny. One
sacrifice more remained to be made, in place of the Bourbon d'Artois, who
baffled the police of the First Consul beyond the seas. In the territory of
Baden, twelve miles from the French frontier, there lived a prince of the
exiled house, the Duke of Enghien, a soldier under the first Coalition
against France, now a harmless dependent on the bounty of England. French
spies surrounded him; his excursions into the mountains gave rise to a
suspicion that he was concerned in Pichegru's plot. This was enough to mark
him for destruction. Bonaparte gave orders that he should be seized,
brought to Paris, and executed. On the 15th of March, 1804, a troop of
French soldiers crossed the Rhine and arrested the Duke in his own house at
Ettenheim. They arrived with him at Paris on the 20th. He was taken to the
fort of Vincennes without entering the city. On that same night a
commission of six colonels sat in judgment upon the prisoner, whose grave
was already dug, and pronounced sentence of death without hearing a word of
evidence. At daybreak the Duke was led out and shot.

[Napoleon Emperor, May 18, 1804.]

If some barbaric instinct made the slaughter of his predecessor's kindred
in Bonaparte's own eyes the omen of a successful usurpation, it was not so
with Europe generally. One universal sense of horror passed over the
Continent. The Court of Russia put on mourning; even the Diet of Ratisbon
showed signs of human passion at the indignity done to Germany by the
seizure of the Duke of Enghien on German soil. Austria kept silent, but
watched the signs of coming war. France alone showed no pity. Before the
Duke of Enghien had been dead a week, the Senate besought Napoleon to give
to France the security of a hereditary throne. Prefects, bishops, mayors,
and councils with one voice repeated the official prayer. A resolution in
favour of imperial rule was brought forward in the Tribunate, and passed,
after a noble and solitary protest on the part of Carnot. A decree of the
Senate embodied the terms of the new Constitution; and on the 18th of May,
without waiting for the sanction of a national vote, Napoleon assumed the
title of Emperor of the French.

[Title of Emperor of Austria, Aug., 1804.]

In France itself the change was one more of the name than of the substance
of power. Napoleon could not be vested with a more absolute authority than
he already possessed; but the forms of republican equality vanished; and
although the real social equality given to France by the Revolution was
beyond reach of change, the nation had to put up with a bastard Court and a
fictitious aristocracy of Corsican princes, Terrorist excellencies, and
Jacobin dukes. The new dynasty was recognised at Vienna and Berlin: on the
part of Austria it received the compliment of an imitation. Three months
after the assumption of the Imperial title by Napoleon, the Emperor Francis
(Emperor in Germany, but King in Hungary and Bohemia) assumed the title of
Emperor of all his Austrian dominions. The true reason for this act was the
virtual dissolution of the Germanic system by the Peace of Luneville, and
the probability that the old Imperial dignity, if preserved in name, would
soon be transferred to some client of Napoleon or to Napoleon himself. Such
an apprehension was, however, not one that could be confessed to Europe.
Instead of the ruin of Germany, the grandeur of Austria was made the
ostensible ground of change. In language which seemed to be borrowed from
the scriptural history of Nebuchadnezzar, the Emperor Francis declared
that, although no possible addition could be made to his own personal
dignity, as Roman Emperor, yet the ancient glory of the Austrian House, the
grandeur of the principalities and kingdoms which were united under its
dominion, required that the Sovereigns of Austria should hold a title equal
to that of the greatest European throne. A general war against Napoleon was
already being proposed by the Court of St. Petersburg; but for the present
the Corsican and the Hapsburg Caesar exchanged their hypocritical
congratulations. [106]

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