10.

The details of the organization shall be determined by the public regulations of administration: they must be made by 1 Vendémiare, Year XII, and that time passed, nothing in them can be changed except through laws.

68. Law for Re-establishing Slavery in the French

Colonies.

May 20, 1802 (30 Floréal, Year X). Duvergier, Lois, XIII, 208.

During the interval between the peace of Amiens and the renewal of the war with England, Napoleon was engaged upon a vast design for the restoration of the once extensive colonial empire of France. His plan included the establishment of French colonies in America, India and Australia. This law was intended to promote the first step towards the realization of the American branch of the scheme, the re-establishment of French authority in San Domingo. It had precisely the opposite effect.

REFERENCES. Rose, Napoleon, I, Ch. XV; Henry Adams, History of the United States, I, Chs. XIII-XVI, passim, for Napoleon's colonial plans.

I. In the colonies restored to France in fulfilment of the treaty of Amiens of 6 Germinal, Year X, slavery shall be maintained in conformity with the laws and regulations in force prior to 1789.

2. The same shall be done in the other French colonies beyond the Cape of Good Hope.

3. The trade in the blacks and their importation into the said colonies shall take place in conformity with the laws and regulations existing prior to the said date of 1789.

4. Notwithstanding all previous laws, the government of the colonies is subject for ten years to the regulations which shall be made by the Government.

69. Declaration of France upon the Reorganization of Germany.

August 18, 1802. De Clercq, Traites, I, 596-603.

The reorganization of Germany through the recez adopted by

the Diet at Ratisbon on March 24, 1803, was substantially along the lines dictated by Napoleon in this document. The length of the passage containing the suggested changes has made necessary its omission; the chief feature was the elimination of the ecclesiastical princes, nearly all of the city republics, and the knights of the Empire, through the transfer of their territories to other states or princes who had lost their possessions in the countries which France had revolutionized. The portion here given shows something of the circumstances which made possible the intervention of France and the manner in which the transaction was officially represented.

REFERENCES. Fyffe, Modern Europe, I, 247-257 (Popular ed., 166-173); Fournier, Napoleon, 257-262; Sloane, Napoleon, II, 169171; Lavisse and Rambaud, Histoire Generale, IX, 67-69.

The First Consul of the French Republic, being animated by the desire to contribute to the consolidation of the repose of the Germanic Empire, no method has appeared to him more suitable for obtaining this object of his solicitude than that of formulating in a plan of indemnity, as well adapted to respective convenience as circumstances have permitted, an arangement calculated to produce that salutary result; and an agreement of views having been established in this matter between the First Consul of the French Republic and His Imperial Majesty of all the Russias, he [the First Consul] has authorised the Minister of Foreign Affairs to co-operate with the Minister Plenipotentiary of His Imperial Majesty of Russia upon the most suitable means of applying the principles adopted regarding these indemnifications for the different demands of the interested parties. The result of this effort having obtained his approval, he has ordered the undersigned to bring it to the knowledge of the Diet of the Empire by the present declaration, a measure to which the First Consul of the French Republic, as well as His Imperial Majesty, have been determined by the following considerations:

Article VII of the Treaty of Lunéville, having stipulated that the hereditary Princes, whose possessions were included in the cession made to France of the countries situated upon the left of the Rhine, should be indemnified, it has been recognized that, in conformity with what had been formerly decided upon at the Congress of Rastadt, this indemnification should be carried out by way of secularization; but, although perfectly agreed upon the basis of indemnification, the interested States

have continued so opposed in views upon the distribution that it has appeared until now impossible to proceed to the execution of the aforesaid article of the Treaty of Lunéville.

And although the Diet of the Empire has appointed a commission especially charged to occupy itself with this important matter, it is well enough seen, by the obstacles which its meeting encounters, how much the opposition of interests and the jealousy of pretensions place obstacles in the way of that which the regulation of the indemnities in Empire derives from the spontaneous action of the Germanic Body.

It is this which has caused the First Consul of the Republic and His Majesty the Emperor of Russia to think that it was fitting for two perfectly disinterested Powers to present their mediation and to offer for the deliberation of the Imperial Diet a general plan of indemnity, drawn up according to calculations of the most rigorous impartiality, and in which an endeavor has been made both to compensate the recognized losses and to preserve among the principal Houses in Germany the equilibrium which existed before the war.

In consequence, after having examined with the most scrupulous attention, all the memoirs presented by the interested parties, as well upon the value of the losses as upon the demands for indemnity, they have remained agreed to propose that the indemnification should be accorded in the following manner:

Such is the total of the arrangements and considerations which the undersigned has been ordered to present to the Imperial Diet, and upon which he believes that he ought to call for the most prompt and serious deliberation, expressing to it, in the name of his Government, that the interest of Germany, the consolidation of the general peace and tranquility of Europe, demand that everything which concerns the regulation of the Germanic indemnities should be terminated within the space of two months.

Signed, CH. MAU. TALLEYRAND.

70. Treaty with Spain.

October 19, 1803 (26 Vendémaire, Year XII). De Clercq, Traites, II, 82-84.

Shortly after the renewal of the war with England, Napoleon made a series of treaties with the states dependent upon France. This document is typical of the series. It illustrates one of Napoleon's methods of supporting his wars and shows the character of the relationship existing between France and Spain.

REFERENCES. Fournier, Napoleon, 268-269; Rose, Napolcon, I, 403-404; Sloane, Napoleon, II, 184; Lanfrey, Napoleon, II, 310319.

The First Consul of the French Republic, in the name of the French People, and His Majesty the King of Spain, desiring to prevent the consequences of the misunderstanding to which the present difficulties between the two Governments tend to give birth and wishing at the same time to establish for the time of the present war, in a manner more conformable to circumstances and the interests of the two States, the interpretation of the treaties which unite them.

3. The First Consul consents that the obligations imposed upon Spain by the treaties which unite the two States shall be converted into a pecuniary subsidy of six millions per month, which shall be furnished by Spain to its ally, dating from the renewal of hostilities until the end of the present

war.

6. In consideration of the above stipulated clauses and during all the time in which they shall be carried out, France will recognize the neutrality of Spain, and it promises not to make opposition to any of the measures which may be taken with respect to the belligerent nations in virtue of the general principles and laws of neutrality.

7. His Most Catholic Majesty, having at heart to prevent all the difficulties which may arise with respect to the neutrality of his territory, in the event of a war between the French Republic and Portugal, binds himself to cause to be furnished by this latter Power, and in virtue of a convention which shall be kept secret, the sum of one million per month ; and in consideration of this subsidy, the

neutrality of Portugal shall be consented to on the part of France.

71. Senatus-Consultum,

May 18, 1804 (28 Floréal, Year XII). Duvergier, Lois, XV, 1-12.

Through this measure the life consulate was transformed into the Empire. The document is in fact a new imperial constitution and is often called the Constitution of the Year XII. It should be compared with the constitutions of the years VIII and X (Nos. 58 and 66 E). Most of the institutions created by the two preceding constitutions were retained, but with important alterations which should be noticed. A number of new institutions also call for notice. The question of establishing the imperial dignity, but not the whole document, was submitted to popular vote.

REFERENCES.

Fournier, Napoleon, 275-282; Rose, Napoleon, I, 429-432; Sloane, Napoleon, II, 204-207; Lanfrey, Napoleon, II, 398-402, 406-415; Lavisse and Rambaud, Histoire Generale, IX, 35-37, 224-229; Aulard, Revolution Francaise, 771-778.

TITLE I.

1. The Government of the French Republic is entrusted to an emperor, who takes the title of EMPEROR OF THE FRENCH. Justice is administered in the name of the Emperor by the officers whom he appoints.

2. Napoleon Bonaparte, present First Consul of the Republic, is Emperor of the French.

TITLE II. OF THE INHERITANCE.

3. The imperial dignity is hereditary in the direct natural and legitimate lineage of Napoleon Bonaparte, from male to male, by order of primogeniture, and to the perpetual exclusion of women and their descendants.

4. Napoleon Bonaparte can adopt the children or grandchildren of his brothers, provided they have fully reached the age of eighteen years, and he himself has no male children at the moment of adoption.

His adopted sons enter into the line of his direct descendants.

If, subsequently to the adoption, male children come to him,