The Life of Napoleon Bonaparte. Vol. 2 (of 4)Sloane, William Milligan
Philosophy
The Life of Napoleon Bonaparte. Vol. 2 (of 4)
Sloane, William Milligan
France -- History -- Consulate and First Empire, 1799-1815; Napoleon I, Emperor of the French, 1769-1821
The "complete code of politics" expresses the same contempt for all
antecedent French political speculation as that felt by Sieyès. Even
Montesquieu had but arranged and analyzed the results of his reading
and travels; though doubtless capable, he had done nothing really
constructive. The English had confused the respective functions of the
various powers in government. In view of their history, it was easy to
see why the taxing power was in the House of Commons. But why should
that body also declare war or make peace? Great Britain, being a state
whose constitution was compounded of privileges, "a black ceiling with
a gilt edge," was quite different from France, where these had been
abolished, and all power proceeded directly from the sovereign people.
Why, then, as under the present constitution, should the French
legislature alone have rights which belonged to government in its
totality? This sovereign power, he continued, "naturally falls, I
think, into two magistracies quite distinct: one supervises, but does
not act, and to this what we now call the executive power should be
compelled to submit important measures--the legislation of execution,
so to speak. This great magistracy would be truly the chief council of
the nation; it would have all that part of administration or of
execution which is by our constitution intrusted to the legislative."
This assembly should be numerous, and composed only of men who had
already held positions of public trust. The legislative should make
and change the organic laws, but not in two to three days, as at
present; for after an organic law has once been made operative, it
should not be changed without four or five months of discussion. "This
legislative power, without rank in the Republic, impassive, without
eyes or ears for what is about it, would have no ambition, and would
not inundate us with more than a thousand specific statutes which, by
their absurdity, destroy their own validity, and make us, with three
hundred tomes of laws, a nation without laws." Is this effusion a
recurrence to youthful crudities of ideal politics, or does it hint at
the exercise by that upper magistracy of its unchecked powers through
a single executive agent like himself? Certain it is, this very
concept, though sensibly changed, had a direct influence on the
institutions of the empire.
Public-domain text, read in full here on John Shaqi.
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