Napoleonic Code

“ Individuals who have talent and are not noble must enjoy equal consideration and employment from you. ... Let every species of serfage and of intermediary lien between the sovereign and the lowest class of people be abolished. The benefits of the code Napoleon, the publicity of proceedings, the establishment of juries, will form so many distinctive characteristics of your monarchy."—His leading object is the suppression of feudalism, that is to say, of the great families and old historic authorities. He relies for this especially on his civil code: "That is the great advantage of the code;... ”

“ 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. ”

“ With Russia for an ally, Continental Europe was at his mercy. Adding Westphalia and, also, enlarged Saxony to the Confederation of the Rhine, the Empire was guarded upon the west, from the North Sea to the Mediterranean, by an unbroken line of feudatory states. In all these subject lands the principles of the French Revolution took the form of law. The Code Napoléon, with its civil equality, jury trials, uniformity of taxes, publicity of legal proceedings, drove out the mediæval abuses which had so long robbed the people in the name of government. ”

“ A code somewhat resembling the Code Napoleon is now the law of the land, and is being applied in the courts as fast as circumstances will permit. People coming from Europe or America will find that, in the main, the laws are not very different from those they have been accustomed to. ”

“ It was the first uniform system of laws which the French Monarchy had ever possessed: and being drawn up with consummate skill and wisdom, it at this day forms the code not only of France, but of a great portion of Europe besides. Justice, as between man and man, was administered on sound and fixed principles, and by unimpeached tribunals. The arbitrary Commission Courts of Napoleon interfered with nothing but offences, real or alleged, against his authority. ”

“ All careful students of the history of Roman law in the Middle Ages will have occasion to remark that our commentators while reviewing ancient jurisprudence, unconsciously modified it in adapting it to their own times. Francesco Forti has declared that no student of our statutes can fail to perceive that many of the regulations found in the Napoleon Code, and supposed to be created by the4 French Revolution, already formed part of the old Italian law. ”

“ On the 3rd of September 1807 it received the official name of Code Napoléon, although the part that Napoleon took in framing it was not very important. A law of 1818 restored to it its former name, but a decree of the 27th of March 1852 re-established the title of Code Napoléon. Since the 4th of September 1870 the laws have quoted it only under the name of the Code Civil.
Never has a work of legislation been more national in the exact sense of the word. ”

“ Let us do justice to Napoleon, however, by acknowledging, that he encountered with manly firmness the gigantic labour of forming a code of institutions, which, supplying the immense variety of provincial laws that existed in the different departments of France, and suppressing the partial and temporary regulations made in the various political crises of the Revolution, were designed to be the basis of a uniform national system. ”

“ All Italy, the northern districts of Germany which were incorporated with the Empire, and a great part of the Confederate Territory of the Rhine, received in the Code Napoleon a law which, to an extent hitherto unknown in Europe, brought social justice into the daily affairs of life. The privileges of the noble, the feudal burdens of the peasant, the monopolies of the guilds, passed away, in most instances for ever. ”

“ Within the Empire itself the Code Napoléon, conferring upon the subjects of France the benefits which the French had already won for themselves, had superseded a society resting on class-privilege, on feudal service, and on the despotism of custom, by a society resting on equality before the law, on freedom of contract, and on the unshackled ownership and enjoyment of land, whether the holder possessed an acre or a league. ”

“ Since the legislative corps has completed the Napoleon code of civil and criminal justice, it is considered by the Emperor not only as useless, but troublesome and superfluous. For the same reasons the tribunate will also be laid aside, and His Majesty will rule the French Empire, with the assistance of his Senate, and with the advice of his Council of State, exclusively. You know that the Senators, as well as the Councillors of State, are nominated by the Emperor ”

“ The Emperor Napoleon protests against the contents of that treaty. He is not the prisoner of England: after having abdicated, into the hands of the representatives of the nation, for the advantage of the constitution adopted by the French people, and in favour of his son, he repaired voluntarily and freely to England, to live there as a private individual, in retirement, under the protection of the British laws. The violation of all laws cannot constitute a right; in point of fact, the person of the Emperor Napoleon is in the power of England ”

“ Banner of the Empire.
In France the anarchy of the Conventions and of the Directory had given place to the Consulate and the Empire. Under the sagacious and energetic rule of Napoleon, France had risen to dignity and power unequalled by that of any other nation in Europe. Napoleon had seized upon the fundamental principle of the Revolution, Equal Rights for all Men, and, inscribing that upon his banners, had reorganized France with such skill as to enable her to bid defiance to despotic Europe in arms against that principle. ”

“ There is perhaps no law on the statute-books of any nation which has exercised and is destined in the future to exercise a more far-reaching influence on the future of humanity than this little-known French act of 1798, introduced by General Jourdan to the Council of the Five Hundred, for it was the power thus conferred upon the French government which alone rendered the Napoleonic policy of conquest possible. “I can afford to expend thirty thousand men a month” ”

“ Criticising English legal phraseology, the Archbishop of Canterbury said, "The French Code is always welcome in every country where it has been introduced; and where people have once got hold of it, they are unwilling to have it changed for any other, because it is a marvel of clearness." Surely if ever Style is the Man, it is Napoleon, otherwise the inspection of over seven million words, as marshalled forth in his Correspondence, would not only confuse but confound. ”

“ The first of these decrees abrogated all changes in the courts of justice and tribunals which had taken place during the absence of Napoleon. The second banished anew all emigrants who had returned to France before 1814 without proper authority, and displaced all officers belonging to the class of emigrants introduced into the army by the King. The third suppressed the Order of St. Louis, the white flag, cockade, and other Royal emblems, and restored the tri-coloured banner and the Imperial symbols of Bonaparte's authority. ”

“ He never turned his hand to anything without achieving much greater success than his contemporaries. If a codification of law was required, then Napoleon codified laws, without one half of the difficulty previously experienced. He won battles over every general whom the Continent pitted against him. If a province was to be conquered, or, conquered, had to be reorganized, then Napoleon was ready at a moment’s notice to dictate the methods of procedure—and he was usually proved to be correct. ”

“ The Austrian commissioners, in the treaty which they proposed, had set down as the first article, that the Emperor recognized the French Republic. "Strike that out," said Napoleon, proudly. "The Republic is like the sun; none but the blind can fail to see it. We are our own masters, and shall establish any government we prefer." ”

“ Were such our misfortune, this assembly, and our liberties, would be at an end. In fact, what should we be? By what mandate are we here? We exist only through the constitution.... It is the same constitution, that proclaims Napoleon II. Emperor. His father has abdicated: you have accepted his abdication without restriction the contract is formed, Napoleon II. is Emperor by the course of events." (Yes, yes! we ought not even to deliberate.) ”

“ Had Napoleon been no more than a simple citizen, the attempt to violate by authority the rights of men and nations in his person would have been sufficient, to induce the French, or at least all worthy of the name, to think themselves obliged to protect and defend him. ”

“ We have no longer a government. The Directors have resigned. The Five Hundred are in a tumult. Emissaries are instigating Paris to revolt. Agitators would gladly bring back the revolutionary tribunals. But fear not. Aided by my companions in arms I will protect you. I desire nothing for myself, but to save the Republic. And I solemnly swear to protect that liberty and equality, for which we have made such sacrifices." "And the Constitution!" some one cried out. Napoleon had purposely omitted the Constitution in his oath, for he despised it, and was at that moment laboring for its overthrow. ”

“ It would be your turn to govern," said he, smiling, and turning to Cambaceres; "and you are not as yet very firm in the stirrups. It will be better to have a law for the present, as well as for the future." It was finally, after much deliberation, decided that the Council of State should draw up a declaration of the reasons for the act. The First Consul was to sign the decree, and the Senate was to declare whether it was or was not constitutional. Thus cautiously did Napoleon proceed under circumstances so exciting. ”

“ Such was the impression he made, that when in October, 1795, the government was threatened by the revolting sections, Barras, the nominal head of the defence, asked Napoleon to command the forces which protected the Tuileries, where the Convention had gone into permanent session. He hesitated for a moment. He had much sympathy for the sections. His sagacity conquered. The Convention stood for the republic; an overthrow now meant another proscription, more of the Terror, perhaps a royalist succession, an English invasion. ”

“ Napoleon, apparently quite unmoved by this unbounded applause, and as calm and unembarrassed as if speaking to an under-officer in his tent, thus briefly replied: "Citizens! The French people, in order to be free, had kings to combat. To obtain a constitution founded on reason it had the prejudices of eighteen centuries to overcome. Priestcraft, feudalism, despotism, have successively, for two thousand years, governed Europe. ”

“ Before the declaration of war was known in Europe, Napoleon tried to increase the excitement of the Americans against England, and to propitiate their feeling with regard to France, by causing to be exhibited to the American Minister a decree pretending to have been signed on April 28, 1810, but really manufactured for the occasion, to the effect that the Berlin and Milan Decrees should, as to the United States, be considered as having been of no force since November 1, 1810. ”

“ A constitutional law has been imposed on France, as easy to be eluded as revoked; and in the form of royal ordinances simply, without consulting the nation, without even hearing those bodies, become illegal, the phantoms of national representation. ”

“ Speaker, what is calculated much more to put in jeopardy the neutral character of our Government is the bill on the table. While all is uncertainty and embarrassment with France; while her decrees remain merely suspended and not revoked; while your merchants, trusting to the plighted faith of the Emperor, have been drawn into the French ports and there betrayed and sacrificed; while commerce is bleeding at every pore under the merciless gripe of Napoleon, we are called on to go farther to conciliate France, than she was entitled to, had she faithfully revoked her decrees. ”

“ Napoleon is emperor by the will of the French people, and governs only by the authority of the French nation, which is as competent to revoke the powers it has conferred on him, when it judges proper, as it was to confer them. The Union exists and governs, if the States are sovereign, only by the will of the State, and she is as competent to revoke the powers she has delegated as she was to delegate them. The Union, as far as she is concerned, is her creation, and what she is competent to make she is competent to unmake. ”

“ On this question you should speak as for yourself; appear ignorant what are the true motives for still detaining some American ships which have had communication with England; restrict yourself to receiving the representations sent you, and to declaring that you will render an account of them; in short, give no explanation that would imply that the Decrees of Berlin and Milan are not entirely revoked.”
While the Emperor was thus secretly determined to enforce his decrees, he was equally determined to pay no indemnities. Against sacrifices of money Napoleon always made unconquerable resistance. ”