« PreviousContinue »
BOOK xiv, men each, were commanded to be immediately This document, which was published on the
equipped for service, making a grand total of 230 of April, contains, under the several beads, Cuap. VIII. 2,255,040 solliers. Had he been able to have all the provisious for establishing a free repre
called into action this inmense body, and to sentative government, similar to that of England, 1815.
have instilled a sufficient portion of enthusiasın which it obviously bad in view; and though it into their ranks, Bonaparte might have bid defiance never took place, the record of it is so far valuto the world. But scarcely a tenth part were ever able as affording a view of what was thought neenrolled, and only a few battalions opposed any cessary to satisfy the expectations of the party effectual resistance to the invaders.
which then possessed the principal political influThe old soldiers, however, crowded to the im ence, and to whose views Bonaparte would properial standard, and a brave and numerous army bably have been obliged to conform, bad be been was soon placed at his disposal, with which unable to re-establish a military despotism. . he might expect at least to open the campaign with eclat; and he indulged the hope that some Act additional to the Constitutions of the brilliant action at the commencement of the con
Empire. test might excite the enthusiasm of the French, Napoleon, by the grace of God and the constior disconcert, or disunite, the allies.
tutions, Emperor of the French, to all present, and Justly alarmed at the confederation which threat to come, greeting. ened him, he was anxious to increase his dis Since we were called, fifteen years ago, to the posable force. “ I must have an immediate levy government of the state by the wishes of France, of 300,000 men,” said he one day to Carnot. we endeavoured, at various times, to improve the “ The thing is impossible,” was the reply. “But constitutional forms, according to the wants and are not the conscript laws in existence?"_“Yes, desires of the nation, and profiting by the lessons but they will no longer be obeyed as formerly." of experience. The constitutions of the empire -“ What! am I not still emperor Yes, sire! were ihus formed of a series of acts which were but with restrictions and limits.” Napoleon broke sanctioned by the acceptance of the people. It out into one of his paroxysms of rage and quitted was then our object to organise a grand federathe council.
tive European system, which we had adopted as Numerous workmen were employed in fortify: conformable to the spirit of the age, and' favoring the heiglits of Montmartre, Chaumont, and able to the progress of civilization. In order 10 Mesnil-Montant, in the neighbourhood of Paris. attain its completion, and to give it all the extent
Orders were issued to inspect and complete the and stability of which it was susceptible, we postfortifications of every garrison-town. Soissons, poned the establishment of many internal instituLaon, Lafère, Saint-Quentin, Guise, Château- lions, more particularly destined to protect the Thierry, Vitry, and Langres were placed in a re- liberty of the citizens. Henceforward our only spectable of defence. Chalons, Rheims, object is to increase the prosperity of France, by Dijon, the Vosges, Jura, and Argonne, already the confirmation of public liberty. From this restrong by nature, were rendered nearly im- sults the necessity of various important modificapregnable. Many hundred workmen were daily tions of the constitutions, the senatus consulta, employed in the fortifications of Lyons, and no and other acts which govern this empire. For effort was spared to oppose every obstacle to the these causes, wishing, on the one hand, to retain progress of the invader. Every defile was guard- of the past what was good and salutary, and, on ed ;-fortifications were erected at the heads of the other, to render the constitutions of our emthe bridges ;-batteries crowned the summit of pire in every thing conformable to the national every mountain, and the din of preparation sounded wishes and wants, as well as to the state of peace from the northern frontier to the Mediterranean sea. which we desire to maintain with Europe, we
On his first landing in France, Napoleon had have resolved to propose to the people a series of pledged himself to give the French a constitution arrangements tending to modify and improve its agreeable to their wishes, and favorable to their constitutional acts, to strengthen the rights of ciliberties. He now hastened to redeem his pledge. tizens by every guarantee, to give the representaInclination and necessiiy equally prompted this tive system its whole extension, to invest the in. measure. He appointed a commission to draw up termediate bodies with the desirable respectability the form of a constitution to be submitted to the and power,-in one word, to combine the highest choice of the nation. Bishop Gregoire, well known degree of political liberty and individual security, for his attachment to rational liberty, and Ben with the force and centrilization necessary for jamin Constant, who had lately and so boldly causing the independence of the French people spoken his sentiments of the emperor, and so stre to be respected by foreigners, and necessary to nuously opposed his cause, were members of this the dignity of our crown. In consequence, the commission.
foilowing articles, forming an act supplemen
tary to the constitutions of the empire, shall be are judged by their chamber, according to pre- BOOK XIV.
compatible with all other public functions, except
1815. Art. 1. The constitutions of the empire, parti- and sub-prefects are, however, ineligible. cularly the constitutional act of the 22d Frimaire, 18. The emperor sends to the chambers miyear 8; the senatus consulta of the 14 and 16 nisters and counsellors of state, who sit there to Thermider, year 10; and of the 28 Floreal, year take part in the debates, but have no deliberative 12, shall be modified by the arrangements which voice unless they are peers or elected by the follow. All other arrangements are confirmed and people.' maintained.
19. Thus ministers, the members of either 2. The legislative power is exercised by the em chamber, or sitting there by mission from governperor and two chambers.
ment, give to the chambers such information as 3. The first chamber, called the chamber of is deemed necessary, when its publicity does not peers, is hereditary.
compromise the interests of the state. 4. The emperor appoints its members, who are 20. The sittings of the two chambers are pubirrevocable, they and their male descendants, lic. They may, however, go into secret committee, from one eldest son to another. The number of the peers on the demand of ten, and the reprepeers is unlimited.
Adoption does not transmit sentatives on the demand of twenty-five members. to bim who is its object the dignity of the peer. Government may also require secret committees age. Peers take their seats at twenty-one years of when it has communications to make. In all other age, but have no deliberate voice till twenty cases deliberation and vote can only be in public five.
sitting 5. The arch-chancellor of the empire is pre 21. The emperor may prorogue, adjourn, and sident of the chamber of peers, or, in certain cases,
dissolve the chamber of representatives. The a member of the chamber specially designated by proclamation which pronounces the dissolution, the emperor.
convokes the electoral colleges for a new election; 6. The members of the imperial family, in he- and fixes the meeting of representatives within six reditary order, are peers of right. They take months at the furthest. their seats at eighteen years of age, but have no 22. During the recess of sessions of the chamdeliberate voice till twenty-one.
ber of representatives, or in case of its dissolution 7. The second chamber, called that of repre- the chamber of peers cannot meet. sentatives, is elected by the people.
23. Government has the proposal of laws; the 8. Its members are 629 in number. They must chambers can propose amendments ; if these be twenty-five years old at least.
amendments are not adopted by government, the 9. Their president is appointed by the chamber, chambers are bound to vote on the law such as it at the opening of the first session. He retains bis was proposed. function till the renewal of the chamber. His no 24. The chambers have the power of inviting mination is submitted to the approbation of the government to propose a law on a determinate em peror.
object, and to draw up what it appears to them pro10. This chamber verifies the powers of its per to insert in the law. This claim may be made members, and pronounces on the validity of con- by either chamber.. tested elections.
25. When a bill is adopted in either chainber, 1 1. Its members receive for travelling-expences, it is carried to the other; and if there approved, and during the session, the pay decreed by the it is carried to the emperor. constituent assembly.
26. No written discourse, excepting reports of 12. They are indefinitely re-eligible.
committees, or of ministers on laws, and accounts, 13. The chamber of representatives is wholly can be read in either chainber. enewed every five years.
14. No member of either chamber can be ar TITLE H.-OF ELECTORAL COLLEGES, AND THE ested, except for some capital crime; nor prosecuted in any criminal or correctional matter dur 27. The electoral colleges of departments and ng a session, but in virtue of a resolution of the arrondissements are maintained,w th the following hamber of which he forms a part.,
modifications. 15. None can be arrested or detained for debt, 28. The cantonal assemblies will yearly fill from the date or convocation of the session, or up by elections all the vacancies in electoral colbr forty days afterwards..
MODE OF ELECTION.
BOOK XIV. ber of peers, appointed by the emperor, shall be of representatives, and are tried by that of president for life, and irreinoveable of every elec
peers. Coap. VIIItoral college of department.
41. Every minister, every commandant of 31. Dating from the same period, the electoral armed force, by land or sea, may be accused by 1815.
college of every department shall appoint, among the chamber of representatives, and tried by that
offence or mitigating the punishment.
is ground for examining the charge. 32. The representatives may be chosen indis 44. This declaration can only be made on the criminately from the whole extent of France. report of a committee of sixty, drawn by lot. Every college of department or arrondissement This committee must make its report in ten days, which shall choose a member out of its bounds, or sooner, after its nomination. shall appoint a supplementary member, who 45. When the chamber declares there is ground must be taken from the departinent or arrondisse- for inquiry, it may call the minister before them ment.
to demand explanations, at least within ten days 33. Manufacturing and commercial industry after the report of the committee. and property shall have special representatives. 46. In no other case can ministers in office be The election of commercial and manufacturing summoned or ordered by the chambers. representatives sball be made by the electoral 47. When the chamber of representatives has college of department, from a list of persons eli- declared that there is ground for inquiry against gible, drawn up by the chambers of commerce a minister, a new committee of sixty, drawn by lot
, and the consultative chambers united.
is formed, who are to make a new report on the
placing in accusation. This committee makes its TITLE III.-OF TAXATION.
report ten days after its appointment. 34. The general direct tax, whether on land or 48. The placing in accusation is not to be decided moveables, is voted only for one year: indirect till ten days after the report is read and distributed. taxes may be voted for several years. In case of 49. The accusation being pronounced, the the dissolution of the chamber of representatives, chamber appoints five of its meinber to prosecute the taxes voted in the preceding session are the charge before the peers. continued till the next meeting of the chamber. 50. The seventy-fifth article of the constitu
35. No tax, direct or indirect, in money or kind, tional act of the 22d Frimaire, year 8, importing can be levied, no loan contracted, no inscription that the agents of government can only be proin the great book of the public debt can be secuted in virtue of a decision of the council of made, no domain alienated or sold, no levy of state, shall be modified by a law. men for the army ordered, po portion of territory exchanged, but in virtue of a law.
TITLE V.-OF THE JUDICIAL POWER. 36. No proposition of tax, loan, or levy of men, 51. The emperor appoints all judges. They can be made but to the chamber of representa are irremoveable, and for life, from the moment tives.
of their appointment; but the nomination of jus37. Before the same chamber must be laid, in tices of peace, and judges of commerce, shall take the first instance, 1. The general budget of the place as formerly. state, containing a view of the receipts, and the The existing judges, appointed by the emperor, proposal of the funds assigned for the year, to in terms of the senatus consultum of the 12th each department of service : 2. The account of Oct. 1807, and whom he shall think proper to rethe receipts and expenses of the year, or of pre- tain, shall receive provisions for life before the ceding years.
1st of January next.
52. The institution of juries is maintained. TITLE IV.-OF MINISTERS, AND OF RESPONSIBILITY. 53. The discussions on criminal trials shall be
38. All the acts of government must be counter- public. signed by a minister in office.
54. Military offences alone shall be tried by 09. The ministers are responsible for acts of military tribunals. government signed by them, as well as for the 55. All other offences, even those committed by execution of the laws.
military men, are within the jurisdiction of civi 40. They may be accused by the chamber tribunals.
56. All the crimes and offences which were ap- nobility, or the feudal or seignorial rights or BOOK XIV.' propriated for trial to the high imperial court, and titles, or any privileged or predominant religion ; of which this act does not reserve the trial to the nor the power to alter the irrevocability of the sale Char. VIII: chamber of peers, shall be brought before the or of the national domains; it formally interdicts to
1815. dinary tribunals.
the government, the chambers, and the citizens, 57. The emperor has the right of pardon, all propositions on that subject. even in correctional cases, and of granting am Given at Paris, April 22, 1815. nesties.
(Signed) NAPOLEON. 58. Interpretations of laws demanded by the
By the Emperor, court of a cassation shall be given in the form of (Signed) The Duke of BASSANO, a law.
The Minister Secretary of State.
TITLE VI.-RIGHTS OF CITIZENS,
A table subjoined contains the number of re59. Frenchmen are equal in the eye of the law, presentatives to be returned by each of the eightywhether for contribution to taxes and public seven departments, which are subdivided into burdens, or for admission to civil or military em 368 arrondissements. The number of the repreployments.
sentatives appointed by the colleges of the de60. No one, under any pretext, can be with- partinents vary from one to six for each departdrawn from the judges assigned to bim by law. ment. The arrondissements, of which there are
61. No one can be prosecuted, arrested, de- from three to six, each return one representative. tained, or exiled, but in cases provided for by law, The total number of representatives from the coland according to the prescribed forms.
leges of the departments being 238, and from the 62. Liberty of worship is guaranteed to all. arrondissements being 308, gives a total of 606, to
63. All property possessed or acquired in vir- which, however, is to be added twenty-three retue of the laws, and all debts of the state, are in presentatives of the commercial and manufacviolable.
turing interests, wbich makes in all 629 represen64. Every citizen has a right to print and pub- tatives for all France. lish his thoughts, on signing them, without any This additional act was offered to the acceptance previous censorship, liable at the same time, after or rejection of the French people. Every Frenchpublication, to legal responsibility, by trial by man of mature age was invited to inscribe his vote jury, even where there is ground only for the ap for or against it, in registers which were opened plication of a correctional penalty.
in every town and district.
These votes were to 65. The right of petitioning is secured to all be collected and the grand result published at the the citizens. Every petition is individual. Pe- Champ de Mai, which was convened on the 26th titions may be addressed either to the govern- of May. ment or to the two chambers; nevertheless, even The Champ de Mai, or Champ de Mars, is a the latter must also be entitled “To the emperor.” large expanse in front of the military-school, borThey shall be presented to the chambers under dered on both sides with double avenues of trees the guarantee of a member who recommends the wbich extend from the school almost to the banks petition. They are publicly read, and if the of the Seine. It was appropriated, like the Campus chambers take them into consideration, they Martius at Rome, to the reviews of troops, and to are laid before the emperor by the president. horse and foot races on public festivals.
66. No fortress, no portion of territory, can be It did not, however, derive its name from any declared in a state of siege, but in case of invasion imitation of the Roman Campus Martius. In the by a foreign force, or of civil broils. In the early periods of the French monarchy, the general former case the declaration is made by an act of assemblies of the nation were held in this place. the government. In the latter it can only be The objects of the meeting were to frame new laws, done by the law. However, sbould the two cham to submit the complaints of the people to the royal bers not then be sitting, the act of the governo ear, to compose differences among the barons, and ment, declaring the state of siege must be con to review the forces of the kingdom. It was deverted into a plan of law within a fortnight after nominated the Champ de Mars, because the asthe meeting of the chambers.
sembly took place in the month of March. In 67. The French people moreover declare, the middle of the eighth century, Pepin transferred that in the delegation which it has made and it to the month of May, as a milder and more conmakes. of its powers, it has not meant, and venient season. After this it was called either the does not mean, to give a right to propose the Champ de Mars or the Champ de Mai. Under reinstatement of the Bourbons, or any prince the second race of kings, similar meetings were of that family on the throne, even in case of held both in the beginning of the year, and in the extinction of the imperial dynasty ; nor the August or September. Under the third race they right of re-establisbing either the ancient feudal gradually changed their character, and assumed 89.
BOOK XIV. the title of parliaments and etâts generaux, fects, and were to renew them provisionally on the
which they preserved to the period of the revo recommendation of the prefects. They were also CAAP. VIII. lution.
to renovate the councils-general of department One circumstance attending the promulgation and of district; and they were to transinit to the 1815.
of the additional act gave great and just offence minister of the interior all the nominations which to every moderate and reasonable man. The army. they should make. They were further authorized and pavy were invited to deliberate on it, and to replace provisionally all the functionaries of the transmit their approval or dissent.
boards of public administration, who should be In every state which boasts the slightest portion absent from their posts, or uvable to fill them. The of liberty a deliberative voice has been jealously object of this decree to place all local authority withheld from the military. The duty of the army in the hands of persons devoted to the new order is to defend the country from invasion, and to obey of things is apparent. the commands of the executive power. Its very The arrival of Lucien Bonaparte at this time was character renders it dangerous and fatal to free of infinite advantage to Napoleon. Lucien had dom, to permit it to have a voice in the legislative been a sturdy republican. His talents were unideliberations of the country.
versally acknowledged, and his courageous oppo. This novel compliment now paid to the army sition to the former tyranny of Napoleon was was the result of the difficult circumstances in fresh in the memory of all. The reconciliation which Napoleon was placed. His whole depend of the brothers was therefore regarded as a pledge ance was on the attachment and devotion of bis of the sincerity of Bonaparte, and the triumph of soldiers. His fate was in their hands; and by their liberty. aid alone could he' avert the destruction which The motive for Lucien's return is somewhat threatened to overwhelin bim. Yet even on this difficult to appreciate.
difficult to appreciate. It had been universally ground his conduct was not justifiable. It was an acknowledged that he rivalled, and even excelled, unnecessary violation of every constitutional prin. Napoleon in the powers of his mind; and the ciple. His troops would not have claimed a pri- noble resistance which he had made to the tyvilege, to wbich in no country bad the army ever ranny of his brother had raised him high in the been entitled; and the gratuitous offer of it excited public estimation. He had nobly refused to coin the mind of every rational man the most pain- operate in the plans of Napoleon, as soon as he ful suspicions, and prepared the way for alienation was convinced that his ultimate object was not and disgust.
the welfare of France and the triumph of liberty, Three days before this, Bonaparte had publish- but the gratification of his own inordinate ambied a decree, by which extraordinary commission- tion. He refused, although he was tempted by ers were sent to all the military divisions, who a crown; and retiring from public life, he passed were to abrogate the functions of mayors, ad- many years happily employed in the education of juncts, members of municipal-councils, officers and his family, and the cultivation of literature and commandants of national-guards, and sub-pre- the arts.
Proceedings of Louis XVIII. at Ghent.-His Declaration.--Manifesto to the French People.
Report on the State of France.-Proceedings of Joachim Murat, King of Naples.- His peculiar Situation.---Suspicions against him.—He blockades Rome.-His Complaints against France.Conduct on the landing there of Bonaparte.- Arrives at Ancona.- Advances with his Army, and attacks the Austrians at Cesena.—His Proclamation to the Italians.--Emperor of Austria's Declaration of War against him.-Retreat of the Austrian Forces to the Po.-Entrance of the Neapolitans into Rome and Florence.--Various Actions.-- Retreat of the Neapolitans.-An Armistice solicited, which is refused.-- Interesting Proceedings relative to Murat in the British Parliament.--Lord Wellington's Letter.
We must now advert to the situation of Louis he issued the following declaration. In this will XVIII. at Ghent, where he was surrounded by be seen the early avowal of the determination of his small but faithful court. On the 12th of April the allies to re-seat the Bourbons on the tbrone.