The Consulate

The revisionists who engineered the Brumaire coup intended to create a strong, elitist government that would curb the republic’s political turmoil and guarantee the conquests of 1789. They had in mind what might be called a senatorial oligarchy rather than a personal dictatorship. General Bonaparte, however, advocated a more drastic concentration of power. Within days of the coup, Napoleon emerged as the dominant figure, an insistent and persuasive presence who inspired confidence. Clearly outmaneuvered, Sieyès soon withdrew from the scene, taking with him his complex notions of checks and balances. While the regime, known as the Consulate, maintained a republican form, Napoleon became from its inception a new kind of authoritarian leader.

Approved almost unanimously in a plebiscite by 3,000,000 votes (of which half may have been manufactured out of thin air), the Constitution of the year VIII created an executive consisting of three consuls, but the first consul wielded all real power. That office was, of course, vested in Napoleon. In 1802, after a string of military and diplomatic victories, another plebiscite endowed him with the position for life. By 1804 Napoleon’s grip on power was complete, and belief in his indispensability was pervasive in the governing class. In April 1804 various government bodies agreed “that Napoleon Bonaparte be declared Emperor and that the imperial dignity be declared hereditary in his family.” The constitution of the year XII (May 1804), establishing the empire, was approved in a plebiscite by more than 3,500,000 votes against about 2,500. (After this point General Bonaparte was known officially as Emperor Napoleon I.)

The constitution of 1791, the Convention, and the Directory alike had been organized around representation and legislative supremacy, the fundamental political principles first proclaimed in June 1789 by the National Assembly. This tradition came to an end with the Consulate. Its new bicameral legislature lost the power to initiate legislation; now the executive branch drafted new laws. One house (the Tribunate) debated such proposals, either endorsed or opposed them, and then sent deputies to present its opinion to the other house, the Corps Législatif, which also heard from government spokesmen. Without the right to debate, the Corps Législatif then voted on whether to enact the bill. Even these limited powers were rarely used independently, since both houses were appointed in the first instance by the government and later renewed by co-option. When certain tribunes such as Benjamin Constant did manifest a critical spirit, they were eventually purged, and in 1807 the Tribunate was suppressed altogether. On the whole, then, the legislative branch of government became little more than a rubber stamp.

After the Brumaire coup, Sieyès had envisaged an independent institution called the Senate to conserve the constitution by interpreting it in the light of changing circumstances. In practice, the Senate became the handmaiden of Napoleon’s expanding authority, sanctioning changes such as the life consulship, the purge of the Tribunate, and Napoleon’s elevation to the rank of hereditary emperor. For creating “legislation above the laws” at Napoleon’s behest, its 80 handpicked members were opulently rewarded with money and honours. As power shifted decisively to the executive branch, Napoleon enlisted a new institution called the Conseil d’État (Council of State) to formulate policy, draft legislation, and supervise the ministries. Appointed by the first consul, this body of experienced jurists and legislators was drawn from across the former political spectrum. Talent and loyalty to the new government were the relevant criteria for these coveted posts.

The Consulate did not entirely eliminate the electoral principle from the new regime, but voters were left with no real power, and elections became an elaborate charade. Citizens voted only for electoral colleges, which in turn created lists of candidates from which the government might fill occasional vacancies in the Conseil d’État or Senate. In the event, the primary assemblies of voters were rarely convened, and membership in the electoral colleges became a kind of honorific lifetime position. The judiciary, too, lost its elective status. In the hope of creating a more professional and compliant judiciary, the Consulate’s sweeping judicial reform provided for lifetime appointments of judges—which did not prevent Napoleon from purging the judiciary in 1808. Napoleon was also disposed to eliminate criminal juries as well, but the Conseil d’État prevailed on him to maintain them.

Successive Revolutionary regimes had always balanced local elections with central control, but the Consulate destroyed that balance completely. The Local Government Act of February 1800 eliminated elections for local office entirely and organized local administration from the top down. To run each département, the Consulate appointed a prefect, reminiscent of the old royal intendants, who was assisted by subprefects on the level of the arrondissements (subdistricts of the départements) and by appointed mayors in each commune. The original Revolutionary commitment to local autonomy gave way before the rival principles of centralization and uniformity. The prefect became the cornerstone of the Napoleonic dictatorship, supervising local government at all levels, keeping careful watch over his département’s “public spirit,” and above all assuring that taxes and conscripts flowed in smoothly. While even the most trivial local matter had to be referred to the prefect, all major decisions taken by the prefect had in turn to be sanctioned by the interior ministry in Paris.