Life of Napoleon Bonaparte, Volume V.Scott, Walter
History
Life of Napoleon Bonaparte, Volume V.
Scott, Walter
France -- History -- 1789-1815; Napoleon I, Emperor of the French, 1769-1821
The Senate of Napoleon, when they called the Bourbons to the throne, had
not done so without making stipulations on the part of the nation, and
also upon their own. For the first purpose they framed a decree, under
which they "called to the throne Louis Stanislaus Xavier, brother of the
last King," but upon condition of his accepting a constitution of their
framing. This assumed right of dictating a constitution, and naming a
king for the nation, was accompanied by another provision, declaring the
Senate hereditary, and confirming to themselves, and their heirs for
ever, the rank, honours, and emoluments, which in Napoleon's time they
only enjoyed for life.
The King refused to acknowledge the right of the Senate, either to
dictate the terms on which he should ascend a throne, his own by
hereditary descent, and to which he had never forfeited his claim; or to
engross, as their own exclusive property, the endowments provided to
their order by Buonaparte. He, therefore, assumed the crown as the
lineal and true representative of him by whom it was last worn; and
issued his own constitutional charter as a concession which the spirit
of the times demanded, and which he had himself no desire to withhold.
The objections to this mode of proceeding were, practically speaking, of
no consequence. It signified nothing to the people of France, whether
the constitution was proposed to the King by the national
representatives, or by the King to them, so that it contained, in an
irrevocable form, a full ratification of the national liberties. But for
the King to have acknowledged himself the creature of the Senate's
election would have been at once to recognise every ephemeral tyranny
which had started up and fretted its part on the revolutionary stage;
and to have sanctioned all subsequent attempts at innovation, since they
who make kings and authorities must have the inherent right to dethrone
and annul them. It should not be forgotten how the British nation acted
on the great occasions of the Restoration and Revolution; recognising,
at either crisis, the right of blood to succeed to the crown, whether
vacant by the murder of Charles I., or the abdication of James II. In
principle, too, it may be observed, that in all modern European nations,
the king is nominally the source both of law and justice; and that
statutes are promulgated, and sentences executed in his name, without
inferring that he has the despotic right either to make the one, or to
alter the other. Although, therefore, the constitution of France
emanated in the usual form of a royal charter, the King was no more
empowered to recall or innovate its provisions, than King John to
abrogate those of the English Magna Charta. Monsieur, the King's
brother, had promised in his name, upon his solemn entrance to Paris,
that Louis would recognise the basis of the constitution prepared by the
Senate. This pledge was fully redeemed by the charter, and wise men
Public-domain text, read in full here on John Shaqi.
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