Note 15 — MEMOIRS OF THE LIFE, EXILE, AND CONVERSATIONS, OF THE EMPEROR NAPOLEON. (continued 5)

I received from the mouth of the Prince Primate some curious details concerning Josephine’s marriage and divorce. Madame de Beauharnais was married to General Buonaparte, by a non-juring priest, who, by mere accident, had neglected to procure the requisite authority from the curate of the parish. This, or some other informality in the marriage, afterwards occupied the attention of Cardinal Fesch; and, whether from his own scruples or otherwise, he succeeded at the time of the coronation in persuading the Emperor and Empress to be married over again by him, privately; or at least to go over as much of the ceremony as he thought necessary. At the divorce, the civil separation was pronounced by the Senate. With regard to the religious separation, the Emperor would not apply to the Pope, and there was no necessity for so doing. Cardinal Fesch having re-married the parties without witnesses, the Officiality of Paris declared that no marriage had taken place. On this judgment being delivered, the Empress Josephine summoned Cardinal Fesch to Malmaison, and asked him whether he could bear witness and sign a declaration that she had been married and lawfully married. “Doubtless,” replied the Cardinal, “I can bear testimony to the fact, and will sign the declaration,” which he accordingly did.

“But,” said I to the Prince Primate, “what judgment was pronounced by the Officiality of Paris?”—"The only proper one," replied the Prince.—"What then became of the declaration of Cardinal Fesch? was it false?"—"Not in his opinion," said the Prince. “He had acted upon the Italian doctrine, by which Cardinals assume the right of marrying without witnesses, which however is not recognised in France, where a marriage is thereby rendered null.”

It appears, however, that Josephine required this declaration only for her own satisfaction, and that she never made any other use of it.