by Emil Ludwig
Equality, Not Liberty
figures, vainly tries to calculate. Precisely because of his failure to do this, the attempt to reckon with public opinion is always alluring to the imaginative side of his nature.
Because Bonaparte believes in the power of the spirit more than in the power of the sword, he strives for order and peace more resolutely than for war and conquest. The history of the next ten years will prove it.
For him, order denotes equality, but not liberty. He adopts into his dictatorship the former of these two gods of the revolution. Except for a few vacillations, he will cherish equality to the end, despite appearances to the contrary. But liberty ? What is liberty ? " Both the savage and the civilised man need a lord and master, a magician, who will hold the imagination in check, impose strict discipline, bind man in chains, so that he may not bite out of season; one who will thrash him, and lead him to the chase. Obedience is man's destiny; he deserves nothing better, and he has no rights!" These threatening words of the misanthropist disclose no more than half of his secret thoughts. Through all the phases of his rule, he is ever in search of the efficient man, and to such a man he grants power over thousands; just as he himself, through energy and diligence, through natural and acquired superiority, has won to power over millions. In spite of all, he is the son of the revolution ; and in this sense he will remain the son of the revolution, whatever forms his power may assume.
In part, that is the explanation of the mysterious influence he wields. The wider his domain extends, the more plainly do all realise that they are living in a system which promises to every efficient man the gratification of his wishes, and guarantees to every efficient man place and power and wealth ; which does these things because the Master has himself risen out of the crowd. He shows this, now, in his very first step. Sieyes has drafted a constitution. There is to be a grand elector, a president who can only represent and sign his name. With soldierly curtness, Bonaparte puts his pen through the item. " Away with
The Council of State
this fat hog ! " Instead, there is to be a First Consul, with plenary powers, and plenty of work. He is to be war lord and also director of foreign policy; he is to appoint all ministers and envoys, councillors of State and prefects, officers and judges. Thirty nominated senators are to elect their colleagues; but neither the Senate nor the Legislative Assembly nor the Tribunate is to have any power to initiate legislation. These bodies are merely brought into existence to give politicians a platform for their orations, and to provide senators with high salaries and opportunities for a resplendent life.
Although everything was dependent upon the will of one man, that one man insisted that those dependent on him should themselves be men, and not mere names. Neither birth nor pretentiousness nor prominence in a political party could lead to the front in the army or in civil life. Nothing but energy and capacity could ensure promotion. Such was the principle upon which Napoleon chose the members of the Council of State.
This last was a round table of experts, selected by the dictator on his own initiative. Among them was Laplace, whom, to honour the Institute, Napoleon had also appointed Minister for Home Affairs—an appointment the great mathematician held for a time, until he turned back from the mechanics of the State to the mechanics of the heavens. There, too, was Roederer, official and journalist, the most independent man to be encountered by Napoleon during twenty years, and the most valuable recorder of conversations. Tronchet, also, one of the finest jurists of the age, was there. In the council chamber, all alike were citizens, and addressed one another by that plain title. Royalists and Jacobins sat there side by side, under a regime of equality, since reason was enthroned.
When the minutes of the sittings are shown to the citizen-consul, he says : " It is essential to give a full and accurate report of the opinions expressed by legal luminaries, for their words are weighty; but what we soldiers and moneyed men
Code Napoleon
think is of little account. In the heat of the moment I have often said things which an instant afterwards I saw to have been unjust. I do not wish to seem better than I am." When he noticed that the councillors were simply echoing whatever he said, he was quick to call them to order: " You are not here, gentlemen, to agree with me, but to express your own views. If you do that, I can compare them with mine, and decide which is better."
The sittings, often enough, do not begin before nine in the evening, for up till then the Consul has been dealing with the urgent affairs of the day. They may last till five o'clock in the morning. The councillors get very tired during the small hours. Perhaps the Minister for War goes to sleep. Napoleon shakes them up, exclaiming : " Do let's keep awake, citizens. It's only two o'clock. We must earn our salaries." He, who presides, is indeed one of the youngest of the company, being now thirty. But in three campaigns he has learned how to watch over the interests of hundreds of thousands. Was not the management of an army which set out from the Alps, crossed the sea, and marched far into the desert—was not this the best school for the study of State administration ? There, too, he had to think of money and bread, of rights and laws, of rewards and punishments, of rest and obedience and order.
During the very first night after the coup d'etat, he had appointed two committees to draft a legal code; this was the first act of his dictatorship ! The prevailing chaos had been the outcome of a lack of law. Down to the outbreak of the revolution, there had been no unified legal system in France. The revolution brought the promise of such a system; but even now, after eleven years, the promise was unfulfilled. That first summer, three great lawyers were set to work ; four months later a draft of the Civil Code, subsequently rechristened the Code Napoleon, was ready; then the draft was discussed in the Council of State. In eighteen months the laws were voted. They passed into effect in 1804.
Marriage and Divorce
After more than a century, this Code is still the law of France; it was adopted in many of the lands conquered by Napoleon, having great influence on the legislation of Central and Southern Germany, Prussia, Switzerland, and Spain ; and its influence spread still farther afield, to Central America and South America. All that is new and morally decisive in the Code Napoleon is revolutionary law. The law-book which the Dictator discussed in all its details for many months, the lawbook, many of whose most contentious points were the direct outcome of his decisions, borrowed the fixed principles of reason that had been sketched in the first days of the revolution. Experienced and dispassionate minds, under Napoleon's guidance, worked them up, purified them, and made them into a new system of the rights of man. In this system, there was no longer a hereditary nobility ; all children had an equal share in inheritance; all parents became legally responsible for the maintenance of their children; Jews became equal with Christians before the law; civil marriage was open to all, and was dissoluble.
Concerning this matter, as concerning all matters of family law, his Corsican family feeling persistently influenced his judgments : " We know that adultery is not a rare occurrence, but an ordinary one ; that it can happen on any convenient sofa. . . . Some sort of restraint must be imposed upon these women who commit adultery for trinkets or verses, for Apollo and the nine Muses."
His sense of order leads him to be a thoroughgoing supporter of marriage He even sees to it that women shall follow their husbands into transportation, " for how can we forbid a woman to do so when she is convinced of her husband's innocence ? Or is this conviction of hers to deprive her of her rights as married woman ; is she to lose the title of wife, and to become the man's concubine ? Many men have only become criminals owing to their wives. Are we to forbid those who have been the cause of the misfortune from sharing that misfortune ? " He also thinks
A Champion of the Family
highly of the custom of old Roman days, when, at marriage, the woman was formally described as passing from her father's guardianship into that of her husband. " That would be excellent in Paris, where women do as they please. It woul
d influence some of them, though not all."
Therefore, though he favours divorce, it must not be too easy : " What would happen to the most intimate of natural ties if people were suddenly to become estranged ? Unless we make divorce difficult, a young woman will be ready to marry a quite unsuitable man, for fashion, convenience, simply to get a roof over her head. The law must warn her against this. ... In truth, there are only three valid grounds for divorce : attempted murder, adultery, and impotence."
Such are the plastic thoughts of this expert in human nature, whose mathematical talents still leave him free to subsume facts under ideas; one who has an intelligence well fitted for the consideration of laws, seeing that it is equally swayed by theory and practice, by energetic activity and sceptical suspense. The conflict of trends within the legislator's mind is obvious, and it was intensified by his thoughts concerning Josephine's former infidelity and present faithfulness. (We know that she manifested a lively interest in the drafting of those sections of the Code that related to divorce! Napoleon at this time was already wondering whether, if his wife remained childless, he would not have to divorce her for reasons of State. Her own dread of this possibility led her to use her influence in favour of strengthening the marriage tie, whereas he was driven by self-interest to insist that marriage must not be indissoluble.)
It is a personal feeling, too, which drives him to avoid scandal, to save the honour of marriage. He opposes the interference of the law-courts in conjugal questions; prefers that such matters should be settled by mutual understanding, so that the veil shall not be stripped off. " The desire of both parties for divorce is an indication that divorce is necessary. It is not the business of the court to establish the fact that this mutual desire
Care for the Children
exists; the court has simply to pronounce the divorce when the desire exists." His strong family feeling leads him to add that maltreatment, perversion, and adultery should be concealed beneath the formula of mutual desire; the need for divorce is to be settled at a family council, and the judge has merely to confirm this decision.
For the same reason, he introduces a semi-divorce, a judicial separation from bed and board. This is always to be arranged after a mutual private understanding, for it will be a barrier to the possibility of reconciliation if the grounds for the separation have been made public. His aim in all these matters is to maintain family life; he is a champion of order, an anti-revolutionist. His social sense is so strong that he maintains it would be necessary to punish an adulterous woman by criminal procedure unless she were punished by being divorced. Similar considerations regarding the sanctity of marriage lead him to raise the age at which marriage becomes permissible. At the revolution it had been lowered to thirteen for women and fifteen for men; he insists upon fifteen and twenty-one respectively.
For children, the Code promises all the things which the ensuing century is slowly to build up. Under the fatherhood of the man to whom they are born in lawful marriage, they have a secure position even before they enter the world. True, " the father cannot recognise the child as his own if he has been absent for fifteen months "— the figure is specified by Napoleon—" and has fought at Marengo." But, a man of position as well as a man of the world, he concludes by saying : " I will sacrifice honour to truth, but why should I sacrifice the wife's honour when no one will gain thereby ? If the husband is not sure of his dates, he had better hold his tongue ; the child's interest is paramount."
When some one proposes to restrict the elder children's right to maintenance, he rejoins : " Is a father to have the right to drive his fifteen -year -old daughter out of the house ? Let us
An Eighteen-Hour Day
suppose him to have an income of sixty thousand francs, can we allow him to say to his son: 'You are old enough to fend for yourself; be off with you to work !' If we limit this duty, we shall tend to make children entertain thoughts of putting their father out of the way." The suggestion is made that adoption shall be feasible by simple declaration before a notary, with revolutionary speed. He opposes the plan :
" We are not concerned here with a trivial formality. Human beings are controlled through their imaginations ; that is what distinguishes them from animals. The main defect of the newer legislation is that it makes no appeal to men's imaginations. A soldier does not face death in order to earn a few pence a day, or to win some paltry order of merit. None but the man who touches his heart, can stir his enthusiasm! A notary cannot touch our hearts merely because we pay him a fee of twelve francs ; that is why we need a legislative act. What is adoption ? An imitation of nature, a sort of sacrament. By the will of society, the offspring of one human being's flesh and blood is supposed to become the offspring of another's flesh and blood. Could any action be more sublime ? Thanks to it, two creatures between whom there is no tie of blood, become inspired by a natural mutual affection. Whence must this action come ? Like the lightning, from on high ! "
" In these sittings," says Roederer, " the First Consul manifested those remarkable powers of attention and precise analysis which enabled him for ten hours at a stretch to devote himself to one object, or to several, without ever allowing himself to be distracted by memory or by errant thoughts."
Bonaparte is filled with respect for the logicality and mental energy of the octogenarian Tronchet; and the old lawyer responds with admiration for the analytical faculty and the sense of justice of the young Consul, who, in the case of every ordinance, asks : " Is it just ? " and " Is it useful ? " He is never tired of enquiring how predecessors have solved the problems
His Unfailing Memory
under consideration, paying special attention to Roman law and to the legal institutions of Frederick the Great.
Not only are thirty-seven laws discussed at this table: furthermore, the Consul propounds question after question concerning other matters. How is bread made ? How shall we make new money ? How shall we establish security ? He makes all his ministers send detailed reports, and this is a great tax upon their energies. But he affects not to notice that they are overworked, and when they get home they often find letters from him requiring an immediate answer. One of his collaborators writes : " Ruling, administering, negotiating— with that orderly intelligence of his, he gets through eighteen hours' work every day. In three years he has ruled more than the kings ruled in a century." He spoke to every expert in the phraseology of the craft, so that none of them could ever plead in excuse that his questions had not been understood. Even the most hidebound royalists were amazed at the technical accuracy of his enquiries.
His unfailing memory was the artillery wherewith he defended the fortress of his brain. Segur, returning from an official inspection of the fortifications on the north coast, sends in a report. " I have read your report," says the First Consul. " It is accurate, but you have forgotten two of the four guns in Ostend. They are on the high road behind the town." Segur is astonished to find that Napoleon is right. His report deals with thousands of guns, scattered all over the place, but the chief pounces on the omission of two.
By slow degrees, the huge machine (which for ten years has been standing still or moving backwards) is set in regular motion once more. Throughout the last decade, all the reports from the provinces have been full of complaints regarding the lack of public safety, sanitation, and order; the louis-d'or used to exchange for twenty-four francs, but now the ratio is one to eight thousand; the Directory's attempt to stabilise the franc has been an utter failure ; the newly enriched have bought up the
Cleaning Up the Mess
State domains, the Church lands, and the seignorial estates. No one is paying taxes. What is the new dictator going to do about it all ?
Within a fortnight after the coup d'etat, he had arranged for the establishment of tax-collecting offices in all the departments, for, as he put it: " Security and property are only to be found in a country which is not subject to yearly changes in the rate of taxation." Two months later, the Bank of France came in
to being; next year, there were new boards to supervise taxation, the registration of landed property, and forestry. Whereas his predecessors had simply squandered the State domains, he used what was left of them to defray repayment of national debt. The funds rose from 7 to 17; he continued the process of debt cancellation, renovated the Chambers of Commerce, regulated the Stock Exchange, put an end to speculation in the depreciated currency, stopped the frauds of the army contractors and other war profiteers, and by these and similar measures restored manufacturing industry whose productivity had sunk to a quarter or half of its former level.
What was his magical spell ?
At the head of affairs was himself, a man of indomitable energy, and incorruptible. Men of the same stamp, energetic, diligent, and bold, were put in charge of the ministries, the departments, and the prefectures. Favouritism was done away with; sinecures were abolished. Preferment was obtainable only by the efficient, and to them it came regardless of birth or party. All officials, down to the mayors, were appointed from above, and paid from above—" a hierarchy, all First Consuls in miniature," to quote his own words.
