Walter Scott - Life of Napoleon Bonaparte. Volume III

The Legion of Honour was to consist of a great council of administration and fifteen cohorts, each of which was to have its own separate headquarters, in some distinguished town of the Republic. The council of administration was to consist of the three consuls, and four other members; a senator, namely, a member of the Legislative Body, a member of the Tribunate, and one of the Council of State, each to be chosen by the body to which he belonged. The order might be acquired by distinguished merit, either of a civil or a military nature; and various rules were laid down for the mode of selecting the members. The first consul was, in right of his office, captain-general of the legion, and president of the council of administration. Every cohort was to consist of seven grand officers, twenty commanders, thirty subaltern officers, and three hundred and fifty legionaries. Their nomination was for life, and their appointments considerable. The grand officers enjoyed a yearly pension of 5000 francs; the commanders, 2500; the officers, 1000 francs; the privates, or legionaries, 250. They were to swear upon their honour to defend the government of France, and maintain the inviolability of her empire; to combat, by every lawful means, against the re-establishment of the feudal institutions; and to concur in maintaining the principles of liberty and equality.

Notwithstanding these last words, containing, when properly understood, the highest political and moral truth, but employed in France originally to cover the most abominable cruelties, and used more lately as mere words of course, the friends of liberty were not to be blinded, regarding the purpose of this new institution. Their number was now much limited; but amidst their weakness they had listened to the lessons of prudence and experience, and abandoning these high-swoln, illusory, and absurd pretensions, which had created such general disturbance, seem to have set themselves seriously, and at the same time moderately to work, to protect the cause of practical and useful freedom, by such resistance as the constitution still permitted them to offer, by means of the Tribunate and the Legislative Body.

OPPOSITION TO THE GOVERNMENT.

Among the statesmen who associated to form an Opposition, which, on the principle of the constitutional Opposition of England, were to act towards the executive government rather as to an erring friend, whom they desired to put right, than as an enemy, whom they meant to destroy, were Benjamin Constant, early distinguished by talent and eloquence, Chenier, author of the hymn of the Marseilloise, Savoye-Rollin, Chauvelin, and others, among whose names that of Carnot was most distinguished. These statesmen had learned apparently, that it is better in human affairs to aim at that minor degree of good which is practicable, than to aspire to a perfection which is unattainable. In the opinion of most of them, the government of Buonaparte was a necessary evil, without which, or something of the same strength, to control the factions by which she was torn to pieces, France must have continued to be a prey to a succession of such anarchical governments as had already almost ruined her. They, therefore, entertained none of the usual views of conspirators. They considered the country as in the condition of a wounded warrior, compelled for a short time to lay aside her privileges, as he his armour; but they hoped, when France had renewed her strength and spirit by an interval of repose, they might see her, under better auspices than before, renew and assert her claims to be free from military law. Meantime, they held it their duty, professing, at the same time, the highest respect to the government and its head, the first consul, to keep alive as far as was permitted the spirit of the country, and oppose the encroachments of its ruler. They were not long allowed to follow the practical and useful path which they had sketched out; but the French debates were never so decently or respectably conducted as during this period.

The opposition, as they may be called, had not objected to the reappointment of Buonaparte to the Consulate for life. Probably they were reluctant to have the appearance of giving him personal offence, were aware they would be too feebly supported, and were sensible, that struggling for a point which could not be attained, was unlikely to lead to any good practical results. The institution of the Legion of Honour offered a better chance to try their new opposition tactics.

Rœderer, the orator by whom the measure was proposed to the Tribunate, endeavoured to place it in the most favourable light. It was founded, he said, upon the eighty-seventh article of the Constitutional Declaration, which provided that national recompenses should be conferred on those soldiers who had distinguished themselves in their country's service. He represented the proposed order as a moral institution, calculated to raise to the highest the patriotism and gallantry of the French people. It was a coin, he said, of a value different from, and far more precious than that which was issued from the treasury – a treasure of a quality which could not be debased, and of a quantity which was inexhaustible, since the mine consisted in the national sense of honour.

To this specious argument, it was replied by Rollin and others, that the law was of a nature dangerous to public liberty. It was an abuse, they said, of the constitutional article, on which it was alleged to be founded, since it exhausted at once, by the creation of a numerous corps, the stock of rewards which the article referred to held in frugal reserve, to recompense great actions as they should occur. If everything was given to remunerate merits which had been already ascertained, what stock, it was asked, remained for compensating future actions of gallantry, excepting the chance of a tardy admission into the corps as vacancies should occur? But especially it was pleaded, that the establishment of a military body, distinguished by high privileges and considerable pay, yet distinct and differing from all the other national forces, was a direct violation of the sacred principles of equality. Some reprobated the intermixture of the civil officers of the state in a military institution. Others were of opinion that the oath proposed to be taken was superfluous, if not ridiculous; since, how could the members of the Legion of Honour be more bound to serve the state, or watch over the constitution, than any other citizens; or, in what manner was it proposed they should exert themselves for that purpose? Other arguments were urged; but that which all felt to be the most cogent, was rather understood than even hinted at. This was the immense additional strength which the first consul must attain, by having at his command the distribution of the new honours, and being thus enabled to form a body of satellites entirely dependent upon himself, and carefully selected from the bravest and ablest within the realm.

The institution of the Legion of Honour was at length carried in the Tribunate, by a majority of fifty-six voices over thirty-eight, and sanctioned in the Legislative Body by one hundred and sixty-six over an hundred and ten. The strong divisions of the opposition on this trying question, showed high spirit in those who composed that party; but they were placed in a situation so insulated and separated from the public, so utterly deprived of all constitutional guarantees for the protection of freedom, that their resistance, however honourable to themselves, was totally ineffectual, and without advantage to the nation. 34 34 Montgaillard, tom. v., p. 573.

PROPOSITION TO LOUIS XVIII.

Meanwhile, Buonaparte was deeply engaged in intrigues of a different character, by means of which he hoped to place the sovereign authority which he had acquired, on a footing less anomalous, and more corresponding with that of the other monarchs in Europe, than it was at present. For this purpose an overture was made by the Prussian minister Haugwitz, through the medium of M. de Meyer, President of the Regency of Warsaw, proposing to the Comte de Provence (since Louis XVIII.,) that he should resign his rights to the crown of France to the successful general who occupied the throne, in which case the exiled princes were to be invested with dominions in Italy, and restored to a brilliant existence. The answer of Louis was marked at once by moderation, sense, and that firmness of character which corresponded with his illustrious birth and high pretensions. "I do not confound Monsieur Buonaparte," said the exiled monarch, "with those who have preceded him; I esteem his bravery and military talents; I owe him good-will for many acts of his government, for the good which is done to my people I will always esteem done to me. But he is mistaken if he thinks that my rights can be made the subjects of bargain and composition. The very step he is now adopting would go to establish them, could they be otherwise called in question. I know not what may be the designs of God for myself and my family, but I am not ignorant of the duties imposed on me by the rank in which it was his pleasure I should be born. As a Christian, I will fulfil those duties to my last breath. As a descendant of Saint Louis, I will know by his example how to respect myself, even were I in fetters. As the successor of Francis the First, I will at least have it to say with him, 'We have lost all excepting our honour!'"