Before the downfall of Robespierre took place, Buonaparte had received regular but secret instructions to examine the fortifications of Genoa. M. Ricord, by whom these instructions had been signed, having now been superseded, and the younger Robespierre guillotined, Albitte, Salicetti, and Laporte, the new superintendents of the army of Italy, were pleased to suspect that Buonaparte had engaged in some plot of betraying Genoa to the enemy: he was arrested accordingly early in August; but his papers effectually established his innocence, and after the lapse of a fortnight he was released.65
In March 1795, he was sent to Toulon to take the command of the artillery in an expedition destined against Rome; but this scheme was not persevered in. During his visit to Toulon, however, he had the opportunity of saving from the violence of the populace, a party of unfortunate emigrants, including the noble family of Chabrillant, who had been landed from a Spanish prize. His influence with some cannoneers who had served under him during the siege, enabled him to rescue these individuals; and he unhesitatingly did so, though at considerable risk to himself. On his rejoining the troops in the Maritime Alps, near the end of March, he found the army about to be altered in some parts of its organization, and placed under the command of General Kellermann. A recent arrangement had recalled to the service many officers of high rank who had of late been unemployed; and he, as the youngest on the list of generals, could not only not be allowed to retain his command of the artillery in the army of Kellermann, but was removed to the infantry. He repaired therefore to Paris, with the view of soliciting professional employment elsewhere, and especially of remonstrating against his permanent removal from the branch of the service in which he had spent so many years. On his way to the capital he visited his mother at Marseilles, and found his brother Joseph respectably married in that city.
On reaching Paris in May, he found his pretensions thwarted by Aubry, the President of the Military Committee, who was disposed to treat with little attention his statement respecting the siege of Toulon, and his two years of successful service in the army of Italy. When, in the heat of discussion, Aubry objected his youth, Buonaparte replied, that presence in the field of battle ought to anticipate the claim of years. The president, who had not been much in action, considered his reply as a personal insult; and Napoleon, disdaining farther answer, tendered his resignation.66 It was not, however, accepted; and he still remained in the rank of expectants, but among those whose hopes were entirely dependent upon their merits.67
It may be observed that, at a subsequent period, Aubry, being among those belonging to Pichegru's party who were banished to Cayenne, was excepted from the decree which permitted the return of those unfortunate exiles, and died at Demerara.
Meantime, his situation becoming daily more unpleasant, Buonaparte solicited Barras and Fréron, who, as Thermidoriens, had preserved their credit, for occupation in almost any line of his profession, and even negotiated for permission to go into the Turkish service, to train the Mussulmans to the use of artillery. A fanciful imagination may pursue him to the rank of pacha, or higher; for, go where he would, he could not have remained in mediocrity. His own ideas had a similar tendency. "How strange," he said, "it would be, if a little Corsican officer of artillery were to become King of Jerusalem!" He was offered a command in La Vendée, which he declined to accept, and was finally named to command a brigade of artillery in Holland. But it was in a land where there still existed so many separate and conflicting factions, as in France, that he was doomed to be raised, amid the struggles of his contending countrymen, and upon their shoulders and over their heads, to the very highest eminence to which fortune can exalt an individual. The times required such talents as his, and the opportunity for exercising them soon arose.
The French nation were in general tired of the National Convention, which successive proscriptions had drained of all the talent, eloquence, and energy it had once possessed; and that Assembly had become hateful and contemptible to all men, by suffering itself to be the passive tool of the Terrorists for two years, when, if they had shown proper firmness, the revolution of the 9th Thermidor might as well have been achieved at the beginning of that frightful anarchy, as after that long period of unheard-of suffering. The Convention was not greatly improved in point of talent, even by the return of their banished brethren; and, in a word, they had lost the confidence of the public entirely. They therefore prepared to gratify the general wish by dissolving themselves.
But before they resigned their ostensible authority, it was necessary to prepare some mode of carrying on the government in future.
The Jacobin constitution of 1793 still existed on paper; but although there was an unrepealed law, menacing with death any one who should propose to alter that form of government, no one appeared disposed to consider it as actually in exercise; and, notwithstanding the solemnity with which it had been received and ratified by the sanction of the national voice, it was actually passed over and abrogated as a matter of course, by a tacit but unanimous consent. Neither was there any disposition to adopt the Girondist constitution of 1791, or to revert to the democratic monarchy of 1792, the only one of these models which could be said to have had even the dubious endurance of a few months. As at the general change of the world, all former things were to be done away – all was to be made anew.
Each of these forms of government had been solemnized by the national oaths and processions customary on such occasions; but the opinion was now universally entertained, that not one of them was founded on just principles, or contained the power of defending itself against aggression, and protecting the lives and rights of the subject. On the other hand, every one not deeply interested in the late anarchy, and implicated in the horrid course of bloodshed and tyranny which was its very essence, was frightened at the idea of reviving a government which was a professed continuation of the despotism ever attendant upon a revolution, and which, in all civilized countries, ought to terminate with the extraordinary circumstances by which revolution has been rendered necessary. To have continued the revolutionary government, indeed, longer than this, would have been to have imitated the conduct of an ignorant empiric, who should persist in subjecting a convalescent patient to the same course of exhausting and dangerous medicines, which a regular physician would discontinue as soon as the disease had been brought to a favourable crisis.
It seems to have been in general felt and admitted, that the blending of the executive and legislative power together, as both had been exercised by the existing Convention, opened the road to the most afflicting tyranny; and that to constitute a stable government, the power of executing the laws, and administering the ministerial functions, must be vested in some separate individuals, or number of individuals, who should, indeed, be responsible to the national legislature for the exercise of this power, but neither subject to their direct control, nor enjoying it as emanating immediately from their body. With these reflections arose others, on the utility of dividing the legislative body itself into two assemblies, one of which might form a check on the other, tending, by some exercise of an intermediate authority, to qualify the rash rapidity of a single chamber, and obstruct the progress of any individual, who might, like Robespierre, obtain a dictatorship in such a body, and become, in doing so, an arbitrary tyrant over the whole authorities of the state. Thus, loth and late, the French began to cast an eye on the British constitution, and the system of checks and balances upon which it is founded, as the best means of uniting the protection of liberty with the preservation of order. Thinking men had come gradually to be aware, that in hopes of getting something better than a system which had been sanctioned by the experience of ages, they had only produced a set of models, which were successively wondered at, applauded, neglected, and broken to pieces, instead