Part 26

The Count Defermon, father of the presidents of the council of state, delivered to the Emperor the following declaration, tending to prove the nullity of the abdication of Fontainbleau:

"The council of state, in resuming its functions, thinks it necessary to make known the principles, by which its conduct and opinions are guided.

"The sovereignty resides in the people, who are the only legitimate source of power.

"In 1789 the nation recovered its rights, which had long been usurped, or misunderstood.

"The National Assembly abolished the feudal monarchy, and established a constitutional monarchy, and a representative government.

"The resistance of the Bourbons to the wishes of the people occasioned their downfal, and their banishment from the French territories.

"Twice the people sanctioned by its votes the new form of government established by its representatives.

"In the year 8th, Bonaparte, already crowned by victory, found himself raised to the government by the assent of the nation. A constitution created the consular magistracy.

"The senatus consultum of the 16th of Thermidor, year 10, named Bonaparte consul for life.

"The senatus consultum of the 28th of Floreal, year 12, conferred on Napoleon the imperial dignity, and made it hereditary in his family.

"These three solemn acts were laid for acceptance before the people, who sanctioned them by nearly four millions of votes.

"Accordingly, the Bourbons had ceased to reign in France for two and twenty years; they were forgotten there by their contemporaries; strangers to our laws, our institutions, our manners, our glory; and the present generation knew nothing of them.

"In 1814 France was invaded by the armies of the enemy, and the capital occupied. The foreigners created a pretended provisional government. They assembled a minority of the senators, and compelled them, in opposition to their delegated powers and to their will, to destroy the existing establishments, to overturn the imperial throne, and to recall the family of the Bourbons.

"The senate, which had been instituted solely to maintain the constitution of the empire, acknowledged itself, that it had no power to alter it. It decreed, that the scheme of a constitution, which it had prepared, should be submitted to the people for their acceptance, and that Louis Stanislas Xavier should be proclaimed King of the French, as soon as he had accepted the constitution, and sworn to observe it, and cause it to be observed.

"The abdication of the Emperor Napoleon was solely the result of the unfortunate situation, to which France and the Emperor had been reduced by the events of the war, by treason, and by the occupation of the capital. The only object of the abdication was, to avoid a civil war, and the shedding of French blood. Unsanctioned by the will of the people, this act could not annul the solemn contract, that was established between them and the Emperor. And if Napoleon possessed the power of abdicating the throne in his own person, he had none to sacrifice the rights of his son, appointed to reign after him.

"The Emperor, therefore, by re-ascending the throne, to which the people had elevated him, restored the people to their most sacred rights: he only called into execution the decrees of the Representative Assemblies, sanctioned by the nation: he returns to reign on the only legitimate principle, that France acknowledges and has acknowledged for five and twenty years, and to which all the authorities bound themselves by oaths, that they can be released from by the will of the people alone.

"The Emperor is called upon, to guaranty anew, by institutions, as he has engaged to do in his proclamations to the nation and the army, all the principles of liberty: personal freedom, and equality of rights; the freedom of the press, and abolition of the censorship; freedom of religious worship; the voting of laws and contributions by the representatives of the nation lawfully chosen; national property, from whatever source arising; the independence and stability of our tribunals; the responsibility of ministers, and of all the agents of authority.

"The more perfectly to sanction the rights and obligations of the people and the monarch, the national institutions should be revised in a grand assembly of the representatives already announced by the Emperor.

"Previous to the meeting of this grand representative assembly, the Emperor ought to exercise, and cause to be exercised, conformably to the existing laws and constitution, the authority they have delegated to him, which could not be taken from him, which he could not abdicate without the consent of the nation, and which the wishes and general interest of the French people render it his duty to resume."

The Emperor answered:

"Princes are the first citizens of the state: their authority is more or less extensive according to the interests of the nations they govern: the sovereignty itself is hereditary only because the interest of the people requires it. I know nothing of a legitimacy extraneous to these principles.

"I have renounced the idea of that grand empire, of which in the course of fifteen years I had merely laid the foundations: henceforward the happiness and consolidation of the French empire will be the object of all my thoughts."

The court of cassation expressed the same principles and the same sentiments as the council of state.

To this the Emperor answered:

"In the earliest ages of the French monarchy, rude tribes made themselves masters of Gaul. The sovereignty, of course, was not framed for the benefit of the Gauls, who were slaves, or destitute of political rights; but for the benefit of the conquering tribe. It can never have been said with truth, therefore, in any period of history, in any nation, even in the east, that the people exist for kings. Every where it has been established, that kings exist only for the people. A dynasty created under circumstances, that have created so many new interests, being itself interested in the maintenance of the rights and properties of all, can alone be natural and legitimate, and in possession of strength and confidence, the two leading characters in all government."

The court of accounts, and the imperial court, held the same language as the preceding authorities.

To these the Emperor answered:

"What particularly distinguishes the imperial throne is, that it has been raised by the nation, that it is consequently natural, and that it guaranties the interests of all. This is the true character of legitimacy. It is the interest of this throne, to consolidate all that at present exists, and all that has been done in France during the twenty-five years of revolution. It comprises all interests, and particularly that of the national glory, which is not the least among them.