Legality was the official sticking-point, he writes: Bonaparte had long since requested of the Paris government passports to America, & had renew’d that request thro Commander Maitland of Bellerophon, without reply. He had, he declared, been condemn’d an outlaw by the Congress of Vienna since his escape from Elba; moreover, he had been defeated on the field of battle & forced to abdicate. To flee now like a common fugitive was in his eyes but a further ignominy. But some said privately he fear’d life in America, so remote from the terrain of his career. Others, that he had fallen ill, slipt his hold on reality, & half believed a way would yet show itself, to make another Elba of Rochefort.
On July 8, on orders from Paris, the party boards the French frigates anchored in the harbor. On the 10th a letter arrives from Bellerophon, in reply to Napoleon’s query: Maitland does not mention the passports (he has been secretly instructed to intercept and take custody of the emperor if he attempts to flee, and deliver him to Tor Bay), but politely forbids Napoleon passage out of the harbor on any but his own vessel, and that to England. On the 11th they learn of Louis XVIII’s re-restoration. The circle is closing. On the 13th Napoleon drafts his famous letter of surrender to the prince regent:
Your Royal Highness,
A victim to the factions which distract my country, and to the enmity of the greatest powers of Europe, I have terminated my political career, and I come, like Themistocles, to throw myself upon the hospitality of the British people. I put myself under the protection of their laws; which I claim from your Royal Highness, as the most powerful, the most constant, and the most generous of my enemies.
Rochefort, 13 July, 1815,
Napoleon
But before delivering it, and himself, to Bellerophon, he decides to make a final inquiry concerning the passports, at the same time testing the air on the subject of his second choice: asylum in England, where his brother Lucien already resides, and the likely nature of his reception there. On the morning of Bastille Day, therefore, he sends emissaries under a flag of truce to Bellerophon. Commander Maitland again declares (what is technically correct) that he has had no word yet from his admiral concerning the passports; that he cannot permit Napoleon passage to America without them; and that he is not empowered to enter into any agreement concerning the emperor’s reception in England — which, however, he cannot personally imagine will be other than hospitable. The embassy returns; there is no alternative, Napoleon decides, to surrendering to Maitland and taking his chances with the prince regent. A new letter is drafted to that effect, enclosing a copy of the “Themistocles” letter, re-requesting passports and passage to America, but accepting in lieu of them passage to England “as a private individual, there to enjoy the protection of the laws of your country.” He will deliver himself and his entourage to Bellerophon, he declares, on the morrow’s ebb tide.
Andrew sees here a long chance to salvage his mission, which Napoleon’s refusal to escape has rendered all but hopeless: he volunteers to rush overland to London “in [his] capacity as a U.S. diplomatic attaché,” discover if he can what the British cabinet plan to do with their prisoner, and, if that news is not good, do what he can to arrange Bonaparte’s escape before he is landed and taken into custody. In return he stipulates (to the Count de Las Cases, Napoleon’s acting counselor of state and second-ranking aide, whom Andrew has befriended) that any such escape be to Champ d’Asile, and that Las Cases urge Napoleon to lead the “Louisiana Project.”
