terest of France, to increase the misfortunes of a people who have already suffered so much, and who desire only tranquillity and repose."

The first consul seemingly listened with attention to this application: he even went so far as to declare to the landamman, in a conference which took place between them on the 20th of December, that the democratic cantons should enjoy their ancient laws and customs. After a short After a short interval, nevertheless, a letter was addressed to the landamman by the first consul, dated 16th Nivose, year X. or January 6, 1802, containing some remarkable passages which seemed to indicate intentions less favorable to the re-establishment of the ancient system. "You," said he to the landamman," appear actuated by a desire for the happiness of your country. May you be seconded by your countrymen; and may Helvetia resume her place among the powers of Europe! You have experienced great evils. A grand result remains to you-the equality and liberty of your fellow-citizens. Whatever be now the birthplace of a Swiss, the shores of Lake Leman or those of the Aar, he is free. This is the only thing I see distinctly in your present political order of things. Why should not your countrymen make an effort? Let them call forth the patriotic virtues of their ancestors! Let them sacrifice the spirit of faction to the love of public happiness and public liberty!"

To this letter a second conference succeeded, in which the first consul declared to the landamman, that the re-admission of the oligarchs of Berne into the federative body could by no means be approved of by France; but that, in consideration of the high esteem M. Reding personally enjoyed in the little cantons, she would not oppose his continuing to be president, provided six individuals, whom the first consul pointed out, all leaders of the revolutionary party, and who had been left out two months before, were again introduced into the senate, in order to pass from thence into the executive council, and there fill the place of certain ministers equally pointed out by name.

On the return of the landamman to Switzerland, which speedily ensued, he communicated this declaration to his colleagues; who considering this compromise in the light of a compact, acceded, not without regret, to the conditions required of them; and the persons nominated by the first consul were accordingly introduced into

the senate.

Under the auspices of the landamman, a new federal code was framed, founded on principles of equity, and holding a kind of medium between the extreme pretensions of both parties. Three months had been employed in these labours, when the landamman adjourned the senate, with the view of retiring during the Easter holidays to

CHAP. X.

1801.

his domestic residence in the canton of Schweitz, BOOK V. enjoying apparently a very fair prospect of soon seeing the prosperous termination of his arduous and patriotic exertions. To the grief, however, of the friends of liberty throughout Europe, who held in veneration the heroes of Morgarten, Sempach, and Morat, and to whom the very name of Switzerland was dear, the calamities of that devoted country had not yet attained to their destined period.

Nearly at this time very considerable changes, and, probably, improvements, were made by the Batavian government in its existing constitution, no doubt with the approbation, if not the previous suggestion, of France, but apparently also with the willing concurrence of the people, to whom they were formally presented for acceptance. Conformably to the present model, the republic was divided into eight departments, corresponding to the ancient provinces, and the generality, or acquired territory. The government was vested in a regency, consisting of twelve members; one member to be annually chosen from a list of four persons nominated by the departments conjointly, and transmitted by them to the regency, which should reduce the names to two; the legislative body finally appointing one of these to the vacant seat. The members of the regency to vacate their seats in rotation, one in each year, on the 1st of November. The legislative body to consist of thirty-five members, to be chosen by the active citizens of the several departments. The laws to be proposed by the council of regency to the legislative body, and discussed by a committee of twelve, chosen by a plurality of voices for the term of session ordinary or extraordinary; and the members of the legislature to pronounce on the projects presented to them by a simple negative

or affirmative.

In the autumn of this year, a treaty of peace was signed between France and the electorpalatine of Bavaria, who had been ever secretly attached to the French interest, justly apprehensive, agreeably to the policy of his ancestors, of the Austrian power and insatiable passion for aggrandisement, to which that electorate seemed obviously and incessantly in danger of being made the sacrifice. "Convinced that it is her interest to prevent the Bavaro-Palatine possessions from being reduced to a state of weakness, the French republic," by this treaty," engaged to use all its influence, and all its means, to obtain for the electoral-palatine house a territorial indemnity, situated as well as possible for its convenience, and equivalent to the losses of every kind which have been the consequence of the present war."

Immediately subsequent to the signature of the preliminaries of peace with Great Britain, the first consul hastened to conclude a treaty with the

THE period now arrived for the re-election in France of a fifth of the members of the legislative body and the tribunate. During the preceding session it appeared, that the authority of the first consul was by no means so absolute in those assemblies as had been generally supposed; and the civil code presented for their acceptance was, in consequence of the formidable opposition which it was destined to encounter, withdrawn by him, not without some indications of chagrin and resentment. In his concluding message (December 29, 1801), the first consul declared," that it was with regret the government found themselves obliged to postpone to another period laws expected by the nation with so much interest. But they were convinced that the time was not yet arrived when these great discussions might be carried on with that calmness and unity of intention which they required." This censure was, perhaps, not unfounded; but the first consul might have learned, from the practice of the constituent powers of the British government, among other salutary lessons, the dignified decorum, which invariably avoids ascribing, even in those cases wherein they differ, improper motives of action to each other. The chief opposers of the plan proposed by the executive government were, however, excluded by the vote of the senate at the period of re-election; among these were the distinguished names of Barthelemy, Chenier, Bailleul, Daunou, Garat, Isnard, &c.; and the ensuing session fully proved that the consular power and influence were not less than regal.

Bonaparte, after getting ten years added to his consulate, now got himself named First Consul of France for life. The next step was the senate's giving him permission to name a successor. This extension of his power gave much alarm to the Emperor of Germany and the English; so much indeed that the imperial court, though obliged by the treaty of Luneville to admit the German indemnities, was greatly averse to the

business.

The Queen of Sardinia, sister of Louis XVI. and married to Charles Emanuel II., King of Sardinia (then Prince of Piedmont) in 1775, died at Naples, March 1802; and on the 4th of June

following, that monarch abdicated his crown in BOOK V. favor of his brother the Duke d'Aosta. Emanuel still retained the empty title of king, and retired CHAP. XI. to the vicinity of Rome, where, in the delightful retreat of Frescati, hoping to pass the remainder of his days, absolved from the anxious cares of royalty, in peaceful, though sad and inglorious, obscurity.

The hard fate of the house of Savoy excited throughout Europe universal compassion; and the total desertion of the interests of that house by England, at the treaty of Amiens, could scarcely be forgiven even by those who were most desirous of peace. It is true, that the Sardinian monarch had renounced his alliance with Great Britain; but this was the effect, not of any want of good faith, but of an irresistible and over-ruling compulsion.

In consequence of the refusal of France to restore Piedmont, Great Britain had refused to recognize the new republics of Italy and the ducal monarchy of Etruria. Bonaparte however ventured by an organic senatus consultum formally to unite that principality with its appetidages-which, previous to the decree of union, had borne the appellation merely of the 27th military division-to the territory of the French republic. This important acquisition was, by the same decree, divided into six departments under the names of the Po, the Doria, the Sezia, the Stura, the Tanaro, and the department of Maringo, which sent collectively seventeen members to the legislative body.

Another occasion of jealousy, or more properly speaking, of animosity, at this period arose in the conduct of the French government respecting the affairs of Switzerland. The oppression and rapacity of the directorial tyranny had been no where more conspicuous than in that country; but, since the establishment of the consular constitution, the general state of things had undergone, as in France, a great amelioration, more particularly in the proceedings which had taken place subsequent to the treaty of Luneville. Nevertheless the first consul was by no means vohuntarily inclined to deviate from the policy of the directory in respect to the establishment of a republic, one and indivisible, under a central go

1802.

BOOK V. vernment; although, in consequence of the strong and energetic remonstrances of the democratic CHAP. XI. cantons, he had been induced to promise to the patriotic landamman, Aloys Reding, that they 1802. should be left to enjoy their ancient laws, and had actually adopted measures upon the whole highly favorable to their interests and wishes.

But the scene soon changed. The opposite party, six of whose most active leaders had been so lately introduced into the senate and council, were eagerly solicitous to re-establish their former plan of a government one and indivisible, dependent necessarily upon France, and destructive equally of the ancient federal rights and the peculiar privileges of the democratic cantons. Unfortunately a recent transaction of great moment, respecting which Aloys Reding, and the majority of the Swiss senate had given high offence to the first consul, strongly disposed him to favor the views of that party which was regarded as more immediately devoted to the interests of France.

At the moment when the first consul gave unequivocal assurances to Aloys Reding, that the rights of the democratic cantons should be maintained inviolate, he had secretly determined upon a measure extremely obnoxious in itself to the Swiss nation: but which he probably flattered himself that this, combined with his other promises and concessions, would render palatable. The object in contemplation of the first consul was no less than the absolute separation from the Helvetic body of the territory called the Valais, and the erection of it into an equal and independent republic.

The motive which induced the first consul to adopt this resolution has been stated in the preceding chapter, and the declaration of December (1801) to Aloys Reding, was followed almost immediately by an order dispatched to General Turreau, to penetrate at the head of a military force into the Valais. This order was forthwith executed without the least show or shadow of resistance, excepting an energetic remonstrance on the part of the Helvetic senate, in the absence of the landamman, dated December 28, 1801, charging General Turreau with "trampling under foot the rights of the Helvetic government, and the law of nations ;" and demanding, in the name of justice, "the re-establishment of things on their former footing." General Turreau coolly replied, "that he could not accede to their request without departing from the orders he had received;" and he scrupled not to affirm, "that all he was doing was for the good of the country, and in concurrence with the wishes of the people." The senate also addressed their complaints, through the medium of the landamman, to the first consul in person, without producing the least effect; and it might easily be perceived, that on this favorite

point his resolution was taken. A considerable number of communes, nevertheless, of the sovereign district of the Higher Valais, assembled to protest against all attempts at a separation; and they sent a deputation to Berne with this solemn instrument formally authenticated, and containing the declaration," that they would yield to this separation only so long as they should be enchained and compelled to obey, and that they would constantly consider themselves as still constituting an integral part of the Helvetic republic.

66

The landamman, Aloys Reding, on his return from Paris, received the deputies of the Valais with distinguished marks of respect, such as he could not but know would prove highly offensive to the French government, and he hesitated not to conclude his reply to the deputation in the following terms: Hope, however, with your magistrates, that the first consul of the French republic will not be insensible to the proofs of patriotic virtue with which you have filled the times that are recently past. Hope, that just and generous as well as great, he will respect your rights, rendered still more sacred by your misfortunes and your weakness." The landamman ordered the protest of the Valaisians to be sent and deposited in the archives of each canton, as a durable monument of the fidelity of the Valais to its ancient alliances; and he even commanded the Helvetic minister at Paris, M. Stapfer, to communicate to the first consul a copy of this monument. This step excited the extreme resentment of the cabinet of the Thuilleries; and M. Talleyrand, in the name of the first consul, reproached M. Stapfer" for the ostentation of receiving a few individuals calling themselves deputies from the Valais, and publicly admitting their complaints against the French authorities." And he went the length of concluding his note by declaring "that the first consul did not recognize any Helvetic confederation."

Two days afterwards (March 27) M. Stapfer returned a spirited answer to M. Talleyrand, in which he exclaimed, "is it not your government, citizen minister, that by the power of the bayonet has confounded the Valais as well as the Helvetic states in a common mass? Is it not by your warriors that at various times fire and sword have been carried into the Valais, to force its inhabi tants to suffer themselves to be governed by laws common to all Helvetia? Is it not you, citizen minister, that signed the treaty of alliance between your nation and the Helvetic republic one and indivisible? Did not the Valais then form an essential part of that indivisible republic; and does not the treaty of Luneville consecrate the whole extent of our territory as it was at the conclusion of that treaty ?"

Scarcely had the Landamman Reding set out

pro

on his journey to Schweitz, to pass the Easter vacation in the bosom of his family, ere the six persons introduced by the recommendation of the first consul into the senate, and still more recently into the executive council, re-assembled by night on the 17th of April, and virtually displacing the landamman and the rest of his party, erected themselves into a committee of public safety, tore the constitution in pieces, which had been agreed upon by them, and the other members of the visional government, appointed notables to draw up a new plan, and the next day received a letter from Citizen Verninac, the consular minister in Switzerland, in which he congratulated them " on having used with so much judgment the plenitude of powers which the adjournment had concentrated in their bands." This ambassador also announced to them, that his government would no doubt see, with satisfaction, a measure which tended to consummate the reconciliation of parties; and that the people of Helvetia would surely do justice to the wisdom of their intentions, no less commendable in their object than in the choice of means."

M. Reding, in a letter addressed to the first consul, dated April 22, complained in very indignant terms of this violent and outrageous proceeding; formally denouncing the conduct held by M. Verninac upon the occasion. But to this communication no answer was ever returned, and the first consul, in a speech to the legislative body early in the month of May, declared "the Helvetic body, though recognized abroad, to be still agitated at home by factions wrestling for power. The government, faithful to its fundamental principles, ought not to exercise over an independent nation any other influence than that of advice. It still hoped that the voice of wisdom and moderation would be heard, and that the neighbouring powers to Helvetia would not be forced to interfere to suppress troubles, the continuance of which would menace their own tranquillity."

In a few weeks a new constitutional code was produced by the persons who had usurped the government, founded on principles analogous to those originally adopted by the convention held in the preceding month of September. The Helvetic republic was again pronounced one and indivisible; and almost the first act of the new administration was to recognize, and even to guarantee, the independence of the republic of the Valais. This being accomplished, the policy of the first consul seemed once more in some degree to waver, and without explicitly declaring any opinion as to the intrinsic merit of the new code, he merely expressed a wish to see it tried. But the democratic cantons, justly indignant at this triumph of fraud and violence, and inflexible in their hatred to all political innovation, rejected

with scorn the new constitution; and even the BOOK V. aristocratic cantons, by whom it was accepted, scrupled not, as it is affirmed, loudly to declare, CHAP. XI. that their chief motive for that acceptance was to free the country from the presence of the French troops which still remained there.

Notwithstanding the public accession of the great cantons to the new constitutional code, the most decided symptoms of discontent and disaffection were apparent throughout the country, and actual disturbances broke out in various places, which were quickly repelled by the intervention of the French soldiery-no persons of credit or consequence choosing probably to encourage the spirit of resistance whilst the Helvetic government was supported by the military power of France.

own

Universal tranquillity being at length restored, the new government, confident in its strength, ventured to solicit the first consul to withdraw his troops. To this unexpected request he readily and somewhat haughtily acceded. In a very short time, however, the Swiss rulers saw and repented their temerity. But, in reply to a subsequent application from the Helvetic senate, that the withdrawment of the troops might be postponed, M. Verninac was ordered (July 18) to declare to that body, the repugnance which the French government felt to alter its determination. "The first consul," said M. Verninac, "thinks, citizens, landamman and statthalters, that the government of Helvetia will at this day find in the virtues of the Helvetic people more accordance on the principles of political organization, and sufficient resources for maintaining public order and tranquillity. Such are the considerations that determined the first consul. You ought, therefore, to regard his resolution as a pledge of his confidence in the wisdom of the Helvetic people, and in the views of their government, as also of his repugnance to interfere in the domestic affairs of other nations."

The Helvetic government perceiving no remedy, announced in a proclamation dated at Berne, July 20, the approaching departure of the French troops; declaring "Helvetia to be again in possession of her independence, her national manners, and her ancient liberty, and exhorting the people to sacrifice all those regrets, and all those hopes and desires which were no longer compatible with the existing order of things." The democratic cantons inflexibly determined not to submit to this order, and at the same time dreading again to stain their native. land with the blood of its bravest citizens, adopted on a sudden the idea of separating from the new Helvetic republic, and returning to the ancient and original confederation of the Waldstætten or forest states, which before the other cantons successively obtained admission, only

1802.