But we leave these considerations; nor do we stop to inquire how many, amid the three millions and upwards of voters, gave an unwilling signature, which they would have refused if they had dared, nor how many more attached no greater consequence to the act than to a piece of formal complaisance, which every government expected in its turn, and which bound the subject no longer than the ruler had means to enforce his obedience. Another and more formidable objection remains behind, which pervaded the whole pretended surrender by the French nation of their liberties, and rendered it void, null, and without force or effect whatever. It was, from the commencement, what jurists call a _pactum in illicito_:--the people gave that which they had no right to surrender, and Buonaparte accepted that which he had no title to take at their hands. In most instances of despotic usurpation--we need only look at the case of Cæsar--the popular party have been made the means of working out their own servitude; the government being usurped by some demagogue who acted in their name, and had the art to make their own hands the framers of their own chains. But though such consent on the part of the people, elicited from an excess of partial confidence or of gratitude, may have rendered such encroachments on the freedom of the state more easy, it did not and could not render it in any case more legal. The rights of a free people are theirs to enjoy, but not theirs to alienate or surrender. The people are in this respect like minors, to whom law assures their property, but invests them with no title to give it away or consume it; the national privileges are an estate entailed from generation to generation, and they can neither be the subject of gift, exchange, nor surrender, by those who enjoy the usufruct or temporary possession of them. No man is lord even of his person, to the effect of surrendering his life or limbs to the mercy of another; the contract of the Merchant of Venice would now be held null from the beginning in any court of justice in Europe. But far more should the report of 1804, upon Buonaparte's election, be esteemed totally void, since it involved the cession on the part of the French people of that which ought to have been far more dear to them, and held more inalienable, than "the pound of flesh nearest the heart,"[92] or the very heart itself.