Memoirs of Napoleon Bonaparte — Volume 10. Louis de Bourrienne
whose business it was to collect this sort of levy, which Napoleon had learned to make in Egypt, wrote to urge me to obtain a prompt and favourable decision. The unfortunate towns which I was thus enjoined to oppress had already suffered sufficiently. I had obtained, by means of negotiation, more than was demanded for the ransom of the English merchandise, which had been seized according to order. Before I received the letters of M. Darn and the Prince of Neufchatel I had obtained from Hamburg 16,000,000 instead of 10,000,000, besides nearly 3,000,000 from Bremen and Lubeck. Thus I furnished the Government with 9,000,000 more than had been required, and yet I had so managed that those enormous sacrifices were not overoppressive to those who made them. I fixed the value of the English merchandise because I knew that the high price at which it sold on the Continent would not only cover the proposed ransom but also leave a considerable profit. Such was the singular effect of the Continental system that when merchandise was confiscated, and when afterwards the permission to sell it freely was given, the price fetched at the sale was so large that the loss was covered, and even great advantage gained.
Peace being concluded with Russia it was necessary to make choice of an Ambassador, not only to maintain the new relations of amity between Napoleon and Alexander, but likewise to urge on the promised intervention of Russia with England,—to bring about reconciliation and peace between the Cabinets of Paris and London. The Emperor confided this mission to Caulaincourt, with respect to whom there existed an unfounded prejudice relating to some circumstances which preceded the death of the Duc d'Enghien. This unfortunate and unjust impression had preceded Caulaincourt to St. Petersburg, and it was feared that he would not experience the reception due to the French Ambassador and to his own personal qualities. I knew at the time, from positive information, that after a short explanation with Alexander that monarch retained no suspicion unfavourable to our Ambassador, for whom he conceived and maintained great esteem and friendship.
Caulaincourt's mission was not, in all respects, easy of fulfilment, for the invincible repugnance and reiterated refusal of England to enter into negotiations with France through the medium of Russia was one of the remarkable circumstances of the period of which I am speaking. I knew positively that England was determined never to allow Napoleon to possess himself of the whole of the Continent,—a project which he indicated too undisguisedly to admit of any doubt respecting it. For two years he had indeed advanced with rapid strides; but England was not discouraged. She was too well aware of the irritation of the sovereigns and the discontent of the people not be certain that when she desired it, her lever of gold would again raise up and arm the Continent against the encroaching power of Napoleon. He, on his part, perceiving that all his attempts were fruitless, and that England would listen to no proposals, devised fresh plans for raising up new enemies against England.
It probably is not forgotten that in 1801 France compelled Portugal to make common cause with her against England. In 1807 the Emperor did again what the First Consul had done. By an inexplicable fatality Junot obtained the command of the troops which were marching against Portugal. I say against Portugal, for that was the fact, though France represented herself as a protector to deliver Portugal from the influence of England. Be that as it may, the choice which the Emperor made of a commander astonished everybody. Was Junot, a compound of vanity and mediocrity, the fit man to be entrusted with the command of an army in a distant country, and under circumstances in which great political and military talents were requisite? For my own part, knowing Junot's incapacity, I must acknowledge that his appointment astonished me. I remember one day, when I was speaking on the subject to Bernadotte, he showed me a letter he had received from Paris, in which it was said that the Emperor had sent Junot to Portugal only for the sake of depriving him of the government of Paris. Junot annoyed Napoleon by his bad conduct, his folly, and his incredible extravagance. He was alike devoid of dignity- either in feeling or conduct. Thus Portugal was twice the place of exile selected by Consular and Imperial caprice: first, when the First Consul wished to get rid of the familiarity of Lannes; and next, when the Emperor grew weary of the misconduct of a favourite.
The invasion of Portugal presented no difficulty. It was an armed promenade and not a war; but how many events were connected with the occupation of that country! The Prince Regent of Portugal, unwilling to act dishonourably to England, to which he was allied by treaties; and unable to oppose the whole power of Napoleon, embarked for Brazil, declaring that all defence was useless. At the same time he recommended his subjects to receive the French troops in a friendly manner, and said that he consigned to Providence the consequences of an invasion which was without a motive. He was answered in the Emperor's name that, Portugal being the ally of England, we were only carrying on hostilities against, the latter country by invading his dominions.
It was in the month of November that the code of French jurisprudence, upon which the most learned legislators had indefatigably laboured, was established as the law of the State, under the title of the Code Napoleon. Doubtless this legislative monument will redound to Napoleon's honour in history; but was it to be supposed that the same laws would be equally applicable throughout so vast an extent as that comprised within the French Empire? Impossible as this was, as soon as the Code Napoleon way promulgated I received orders to establish it in the Hanse Towns.
—[This great code of Civil Law was drawn up under Napoleon's orders and personal superintendence. Much had been prepared under the Convention, and the chief merits of it were due to the labours of such men as Tronchet; Partatis, Bigot de Preameneu, Maleville, Cambaceres, etc. But it was debated under and by Napoleon, who took a lively interest in it. It was first called the "Code Civil," but is 1807 was named "Code Napoleon," or eventually "Les Cinq Codes de Napoleon." When completed in 1810 it included five Codes—the Code Civil, decreed March 1803; Code de Procedure Civile, decreed April 1806; Code de Commerce, decreed September 1807; Code d'Instruction Criminelle, decreed November 1808; and the Code Penal, decreed February 1810. It had to be retained by the Bourbons, and its principles have worked and are slowly working their way into the law of every nation. Napoleon was justly proud of this work. The Introduction of the Code into the conquered countries was, as Bourrienne says, made too quickly. Puymaigre, who was employed in the administration of Hamburg after Bourrienne left, says, "I shall always remember the astonishment of the Hamburgers when they were invaded by this cloud of French officials, who, under every form, made researches is their houses, and who came to apply the multiplied demands of the fiscal system. Like Proteus, the administration could take any shape. To only speak of my department, which certainly was not the least odious one, for it was opposed to the habits of the Hamburgers and annoyed all the industries, no idea can be formed of the despair of the inhabitants, subjected to perpetual visits, and exposed to be charged with contraventions of the law, of which they knew nothing.
"Remembering their former laws, they used to offer to meet a charge of fraud by the proof of their oath, and could not imagine that such a guarantee could be repulsed. When they were independent they paid almost nothing, and such was the national spirit, that in urgent cases when money was wanted the senate taxed every citizen s certain proportion of his income, the tenth or twentieth. A donator presided over the recovery of this tax, which was done in a very strange manner. A box, covered with a carpet, received the offering of every citizen, without any person verifying the sum, and only on the simple moral guarantee of the honesty of the debtor, who himself judged the sum he ought to pay. When the receipt was finished the senate always obtained more than it had calculated on." (Puymaigre, pp, 181.)]—
The long and frequent conversations I had on this subject with the Senators and the most able lawyers of the country soon convinced me of the immense difficulty I should have to encounter, and the danger of suddenly altering habits and customs which had been firmly established by time.
The jury system gave tolerable satisfaction; but the severe punishments assigned to certain offences by the Code were disapproved of. Hence resulted the frequent and serious abuse of men being acquitted whose guilt was evident to the jury, who pronounced them not guilty rather than condemn them to a punishment which was thought too severe. Besides, their leniency had another ground, which was, that the people being ignorant of the new law were not aware of the penalties attached to particular offences. I remember that a man who was accused of stealing a cloak at Hamburg justified himself on the ground that he committed the offence in a fit of intoxication. M. Von Einingen, one of the jury, insisted that the prisoner