Life of Napoleon Bonaparte. Volume III

There is but justice, however, in listening to the defence which Buonaparte set up for himself when in Saint Helena, especially as it appeared perfectly convincing to Las Cases, his attendant who, though reconciled to most of his master's actions, had continued to regard the Duke d'Enghien's death as so great a blot upon his escutcheon, that he blushed even when Napoleon himself introduced the subject.55

His exculpation seems to have assumed a different and inconsistent character, according to the audience to whom it was stated. Among his intimate friends and followers, he appears to have represented the whole transaction as an affair not of his own device, but which was pressed upon him by surprise by his ministers. "I was seated," he said, "alone, and engaged in finishing my coffee, when they came to announce to me the discovery of some new machination. They represented it was time to put an end to such horrible attempts, by washing myself in the blood of one amongst the Bourbons; and they suggested the Duke d'Enghien as the most proper victim." Buonaparte proceeds to say, that he did not know exactly who the Duke d'Enghien was, far less that he resided so near France as to be only three leagues from the Rhine. This was explained. "In that case," said Napoleon, "he ought to be arrested." His prudent ministers had foreseen this conclusion. They had the whole scheme laid, and the orders ready drawn up for Buonaparte's signature; so that, according to this account, he was hurried into the enormity by the zeal of those about him, or perhaps in consequence of their private views and mysterious intrigues. He also charged Talleyrand with concealing from him a letter,56 written by the unfortunate prisoner, in which he offered his services to Buonaparte, but which was intercepted by the minister. If this had reached him in time, he intimates that he would have spared the prince's life. To render this statement probable, he denies generally that Josephine had interested herself to the utmost to engage him to spare the duke; although this has been affirmed by the testimony of such as declared, that they received the fact from the Empress's own lips.57

It is unfortunate for the truth of this statement and the soundness of the defence which it contains, that neither Talleyrand, nor any human being save Buonaparte himself, could have the least interest in the death of the Duke d'Enghien. That Napoleon should be furious at the conspiracies of Georges and Pichegru and should be willing to avenge the personal dangers he incurred; and that he should be desirous to intimidate the family of Bourbon, by "washing himself," as he expresses it, "in the blood of one of their House," was much in character. But that the sagacious Talleyrand should have hurried on a cruel proceeding, in which he had no earthly interest, is as unlikely, as that, if he had desired to do so, he could have been able to elicit from Buonaparte the powers necessary for an act of so much consequence, without his master having given the affair, in all its bearings, the most full and ample consideration. It may also be noticed, that besides transferring a part at least of the guilt from himself, Buonaparte might be disposed to gratify his revenge against Talleyrand, by stigmatizing him, from St. Helena, with a crime the most odious to his new sovereigns of the House of Bourbon. Lastly, the existence of the letter above mentioned has never been proved, and it is inconsistent with every thought and sentiment of the Duke d'Enghien. It is besides said to have been dated from Strasburg; and the duke's aide-de-camp, the Baron de St. Jacques, has given his testimony that he was never an instant separated from his patron, during his confinement in that citadel; and that the duke neither wrote a letter to Buonaparte nor to any one else. But, after all, if Buonaparte had actually proceeded in this bloody matter upon the instigation of Talleyrand, it cannot be denied, that, as a man knowing right from wrong, he could not hope to transfer to his counsellor the guilt of the measures which he executed at his recommendation. The murder, like the rebellion of Absalom, was not less a crime, even supposing it recommended and facilitated by the unconscientious counsels of a modern Achitophel.

Accordingly, Napoleon has not chosen to trust to this defence; but, inconsistently with this pretence of being hurried into the measure by Talleyrand, he has, upon other occasions, broadly and boldly avowed that it was in itself just and necessary; that the Duke d'Enghien was condemned by the laws, and suffered execution accordingly under their sanction.

It is an easy task to show, that even according to the law of France, jealous and severe as it was in its application to such subjects, there existed no right to take the life of the duke. It is true he was an emigrant, and the law denounced the penalty of death against such of these as should return to France with arms in their hands. But the duke did not so return – nay, his returning at all was not an act of his own, but the consequence of violence exercised on his person. He was in a more favourable case than even those emigrants whom storms had cast on their native shore, and whom Buonaparte himself considered as objects of pity, not of punishment. He had indeed borne arms against France; but as a member of the House of Bourbon, he was not, and could not be accounted, a subject of Buonaparte, having left the country before his name was heard of; nor could he be considered as in contumacy against the state of France, for he, like the rest of the royal family, was specially excluded from the benefits of the amnesty which invited the return of the less distinguished emigrants. The act by which he was trepanned, and brought within the compass of French power, not of French law, was as much a violation of the rights of nations, as the precipitation with which the pretended trial followed the arrest, and the execution the trial, was an outrage upon humanity. On the trial no witnesses were produced, nor did any investigation take place, saving by the interrogation of the prisoner. Whatever points of accusation, therefore, are not established by the admission of the duke himself, must be considered as totally unproved. Yet this unconscientious tribunal not only found their prisoner guilty of having borne arms against the Republic, which he readily admitted, but of having placed himself at the head of a party of French emigrants in the pay of England, and carried on machinations for surprising the city of Strasburg; charges which he himself positively denied, and which were supported by no proof whatever.

Buonaparte, well aware of the total irregularity of the proceedings in this extraordinary case, seems, on some occasions, to have wisely renounced any attempt to defend what he must have been convinced was indefensible, and has vindicated his conduct upon general grounds, of a nature well worthy of notice. It seems that, when he spoke of the death of the Duke d'Enghien among his attendants, he always chose to represent it as a case falling under the ordinary forms of law, in which all regularity was observed, and where, though he might be accused of severity, he could not be charged with violation of justice. This was safe language to hearers from whom he was sure to receive neither objection nor contradiction, and is just an instance of an attempt, on the part of a conscientiously guilty party, to establish, by repeated asseverations, an innocence which was inconsistent with fact. But with strangers, from whom replies and argument might be expected, Napoleon took broader grounds. He alleged the death of the Duke d'Enghien to be an act of self-defence, a measure of state policy, arising out of the natural rights of humanity, by which a man, to save his own life, is entitled to take away that of another. "I was assailed," he said, "on all hands by the enemies whom the Bourbons raised up against me; threatened with air-guns, infernal machines, and deadly stratagems of every kind. I had no tribunal on earth to which I could appeal for protection, therefore I had a right to protect myself; and by putting to death one of those whose followers threatened my life, I was entitled to strike a salutary terror into the others."58

We have no doubt that, in this argument, which is in the original much extended, Buonaparte explained his real motives; at least we can only add to them the stimulus of obstinate resentment, and implacable revenge. But the whole resolves itself into an allegation of that state necessity, which has been justly called the Tyrant's plea, and which has always been at hand to defend, or rather to palliate, the worst crimes of sovereigns. The prince may be lamented, who is exposed, from civil disaffection, to the dagger of the assassin, but his danger gives him no right to turn such a weapon even against the individual person by whom it is pointed at him. Far less could the attempt of any violent partisans of the House of Bourbon authorise the first consul to take, by a suborned judgment, and the most precipitate procedure, the life of a young prince, against whom the accession to the conspiracies of which Napoleon complained had never been alleged, far less proved. In every point of view, the act was a murder; and the stain of the Duke d'Enghien's blood must remain indelibly upon Napoleon Buonaparte.

With similar sophistry, he attempted to daub over the violation of the neutral territory of Baden, which was committed for the purpose of enabling his emissaries to seize the person of his unhappy victim. This, according to Buonaparte, was a wrong which was foreign to the case of the Duke d'Enghien, and concerned the sovereign of Baden alone. As that prince never complained of this violation, "the plea," he contended, "could not be used by any other person."59 This was merely speaking as one who has power to do wrong. To whom was the Duke of Baden to complain, or what reparation could he expect by doing so? He was in the condition of a poor man, who suffers injustice at the hands of a wealthy neighbour, because he has no means to go to law, but whose acquiescence under the injury cannot certainly change its character, or render that invasion just which is in its own character distinctly otherwise. The passage may be marked as showing Napoleon's unhappy predilection to consider public measures not according to the immutable rules of right and wrong, but according to the opportunities which the weakness of one kingdom may afford to the superior strength of another.60

It may be truly added, that even the pliant argument of state necessity was far from justifying this fatal deed. To have retained the Duke d'Enghien a prisoner, as a hostage who might be made responsible for the Royalists' abstaining from their plots, might have had in it some touch of policy; but the murder of the young and gallant prince, in a way so secret and so savage, had a deep moral effect upon the European world, and excited hatred against Buonaparte wherever the tale was told. In the well-known words of Fouché, the duke's execution was worse than a moral crime – it was a political blunder.61 It had this consequence, most unfortunate for Buonaparte, that it seemed to stamp his character as bloody and unforgiving; and in so far prepared the public mind to receive the worst impressions, and authorised the worst suspicions, when other tragedies of a more mysterious character followed that of the last of the race of Condé.62

DEATH OF PICHEGRU.

The Duke d'Enghien's execution took place on the 21st March; on the 7th April following, General Pichegru was found dead in his prison. A black handkerchief was wrapped round his neck, which had been tightened by twisting round a short stick inserted through one of the folds. It was asserted that he had turned this stick with his own hands, until he lost the power of respiring, and then, by laying his head on the pillow, had secured the stick in its position. It did not escape the public, that this was a mode of terminating life far more likely to be inflicted by the hands of others than those of the deceased himself. Surgeons were found, but men, it is said, of small reputation, to sign a report upon the state of the body, in which they affirm that Pichegru had died by suicide; yet as he must have lost animation and sense so soon as he had twisted the stick to the point of strangulation, it seems strange he should not have then unclosed his grasp on the fatal tourniquet, which he used as the means of self-destruction. In that case the pressure must have relaxed, and the fatal purpose have remained unaccomplished. No human eye could see into the dark recesses of a state prison, but there were not wanting many who entertained a total disbelief of Pichegru's suicide. It was argued that the first consul did not dare to bring before a public tribunal, and subject to a personal interrogatory, a man of Pichegru's boldness and presence of mind – it was said, also, that his evidence would have been decisively favourable to Moreau – that the citizens of Paris were many of them attached to Pichegru's person – that the soldiers had not forgotten his military fame – and, finally, it was reported, that in consideration of these circumstances, it was judged most expedient to take away his life in prison. Public rumour went so far as to name, as the agents in the crime, four of those Mamelukes, of whom Buonaparte had brought a small party from Egypt, and whom he used to have about his person as matter of parade. This last assertion had a strong impression on the multitude, who are accustomed to think, and love to talk, about the mutes and bowstrings of Eastern despotism. But with well-informed persons, its improbability threw some discredit on the whole accusation. The state prisons of France must have furnished from their officials enough of men as relentless and dexterous in such a commission as those Eastern strangers, whose unwonted appearance in these gloomy regions must have at once shown a fatal purpose, and enabled every one to trace it to Buonaparte.63

A subsequent catastrophe, of nearly the same kind, increased by its coincidence the dark suspicions which arose out of the circumstances attending the death of Pichegru.

Captain Wright, from whose vessel Pichegru and his companions had disembarked on the French coast, had become, as we have said, a prisoner of war, his ship being captured by one of much superior force, and after a most desperate defence. Under pretext that his evidence was necessary to the conviction of Pichegru and Georges, he was brought to Paris, and lodged a close prisoner in the Temple. It must also be mentioned, that Captain Wright had been an officer under Sir Sidney Smith, and that the mind of Buonaparte was tenaciously retentive of animosity against those who had aided to withstand a darling purpose, or diminish and obscure the military renown, which was yet more dear to him. The treatment of Captain Wright was – must have been severe, even if it extended no farther than solitary imprisonment; but reports went abroad, that torture was employed to bring the gallant seaman to such confessions as might suit the purposes of the French Government. This belief became very general, when it was heard that Wright, like Pichegru, was found dead in his apartment, with his throat cut from ear to ear, the result, according to the account given by Government, of his own impatience and despair. This official account of the second suicide committed by a state prisoner, augmented and confirmed the opinions entertained concerning the death of Pichegru, which it so closely resembled. The unfortunate Captain Wright was supposed to have been sacrificed, partly perhaps to Buonaparte's sentiments of petty vengeance, but chiefly to conceal, within the walls of the Temple, the evidence which his person would have exhibited in a public court of justice, of the dark and cruel practices by which confession was sometimes extorted.

Buonaparte always alleged his total ignorance concerning the fate of Pichegru and Wright, and affirmed upon all occasions, that they perished, so far as he knew, by their own hands, and not by those of assassins. No proof has ever been produced to contradict his assertion; and so far as he is inculpated upon these heads, his crime can be only matter of strong suspicion. But it was singular that this rage for suicide should have thus infected the state prisons of Paris, and that both these men, determined enemies of the Emperor, should have adopted the resolution of putting themselves to death, just when that event was most convenient to their oppressor. Above all, it must be confessed, that, by his conduct towards the Duke d'Enghien, Buonaparte had lost that fairness of character to which he might otherwise have appealed, as in itself an answer to the presumptions formed against him. The man who, under pretext of state necessity, ventured on such an open violation of the laws of justice, ought not to complain if he is judged capable, in every case of suspicion, of sacrificing the rights of humanity to his passions or his interest. He himself has affirmed, that Wright died, long before it was announced to the public, but has given no reason why silence was preserved with respect to the event.64 The Duke de Rovigo, also denying all knowledge of Wright's death, acknowledges that it was a dark and mysterious subject, and intimates his belief that Fouché was at the bottom of the tragedy.65 In Fouché's real or pretended Memoirs, the subject is not mentioned. We leave, in the obscurity in which we found it, a dreadful tale, of which the truth cannot, in all probability, be known, until the secrets of all hearts shall be laid open.

TRIAL OF CADOUDAL AND OTHERS.

Rid of Pichegru, by his own hand or his jailor's, Buonaparte's government was now left to deal with Georges and his comrades, as well as with Moreau. With the first it was an easy task, for the Chouan chief retained, in the court of criminal justice before which he was conveyed, the same fearless tone of defiance which he had displayed from the beginning. He acknowledged that he came to Paris for the sake of making war personally on Napoleon, and seemed only to regret his captivity, as it had disconcerted his enterprise. He treated the judges with cool contempt, and amused himself by calling Thuriot, who conducted the process, and who had been an old Jacobin, by the name of Monsieur Tue-Roi. There was no difficulty in obtaining sentence of death against Georges and nineteen of his associates; amongst whom was Armand de Polignac, for whose life his brother affectionately tendered his own. Armand de Polignac, however, with seven others, were pardoned by Buonaparte; or rather banishment in some cases, and imprisonment in others, were substituted for a capital punishment. Georges and the rest were executed, and died with the most determined firmness.

The discovery and suppression of this conspiracy seems to have produced, in a great degree, the effects expected by Buonaparte. The Royal party became silent and submissive, and, but that their aversion to the reign of Napoleon showed itself in lampoons, satires, and witticisms, which were circulated in their evening parties, it could hardly have been known to exist. Offers were made to Buonaparte to rid him of the remaining Bourbons, in consideration of a large sum of money; but with better judgment than had dictated his conduct of late, he rejected the proposal. His interest, he was now convinced, would be better consulted by a line of policy which would reduce the exiled family to a state of insignificance, than by any rash and violent proceedings, which must necessarily draw men's attention, and, in doing so, were likely to interest them in behalf of the sufferers, and animate them against their powerful oppressor. With this purpose, the names of the exiled family were, shortly after this period, carefully suppressed in all periodical publications, and, with one or two exceptions, little allusion to their existence can be traced in the pages of the official journal of France; and, unquestionably, the policy was wisely adopted towards a people so light, and animated so intensely with the interest of the moment, as the French, to whom the present is a great deal, the future much less, and the past nothing at all.

Though Georges's part of the conspiracy was disposed of thus easily, the trial of Moreau involved a much more dangerous task. It was found impossible to procure evidence against him, beyond his own admission that he had seen Pichegru twice; and this admission was coupled with a positive denial that he had engaged to be participant in his schemes. A majority of the judges seemed disposed to acquit him entirely, but were cautioned by the president Hemart, that, by doing so, they would force the government upon violent measures. Adopting this hint, and willing to compromise matters, they declared Moreau guilty, but not to the extent of a capital crime. He was subjected to imprisonment for two years; but the soldiers continuing to interest themselves in his fate, Fouché, who about this time was restored to the administration of police, interceded warmly in his favour,66 and seconded the applications of Madame Moreau, for a commutation of her husband's sentence.67 His doom of imprisonment was therefore exchanged for that of exile; a mode of punishment safer for Moreau, considering the late incidents in the prisons of state; and more advantageous for Buonaparte, as removing entirely from the thoughts of the republican party, and of the soldiers, a leader, whose military talents brooked comparison with his own, and to whom the public eye would naturally be turned when any cause of discontent with their present government might incline them to look elsewhere. Buonaparte thus escaped from the consequences of this alarming conspiracy; and, like a patient whose disease is brought to a favourable crisis by the breaking of an imposthume, he attained additional strength by the discomfiture of those secret enemies.