It now remained to legalize French supremacy in the Cisalpine Republic, which comprised the land between the Ticino and the Adige, and the Alps and the Rubicon.  The new State received a provisional form of government after Marengo, a small council being appointed to supervise civil affairs at the capital, Milan.  With it and with Marescalchi, the Cisalpine envoy at Paris, Bonaparte had concerted a constitution, or rather he had used these men as a convenient screen to hide its purely personal origin.  Having, for form’s sake, consulted the men whom he had himself appointed, he now suggested that the chief citizens of that republic should confer with him respecting their new institutions.  His Minister at Milan thereupon proposed that they should cross the Alps for that purpose, assembling, not at Paris, where their dependence on the First Consul’s will might provoke too much comment, but at Lyons.  To that city, accordingly, there repaired some 450 of the chief men of Northern Italy, who braved the snows of a most rigorous December, in the hope of consolidating the liberties of their long-distracted country.  And thus was seen the strange spectacle of the organization of Lombardy, Modena, and the Legations being effected in one provincial centre of France, while at another of her cities the peace of Europe and the fortunes of two colonial empires were likewise at stake.  Such a conjunction of events might well impress the imagination of men, bending the stubborn will of the northern islanders, and moulding the Italian notables to complete complaisance.  And yet, such power was there in the nascent idea of Italian nationality, that Bonaparte’s proposals, which, in his absence, were skilfully set forth by Talleyrand, met with more than one rebuff from the Consulta at Lyons.

Bitterly it opposed the declaration that the Roman Catholic religion was the religion of the Cisalpine Republic and must be maintained by a State budget.  Only the first part of this proposal could be carried:  so keen was the opposition to the second part that, as a preferable plan, property was set apart for the support of the clergy; and clerical discipline was subjected to the State, on terms somewhat similar to those of the French Concordat.[191]

Secular affairs gave less trouble.  The apparent success of the French constitution furnished a strong motive for adopting one of a similar character for the Italian State; and as the proposed institutions had been approved at Milan, their acceptance by a large and miscellaneous body was a foregone conclusion.  Talleyrand also took the most unscrupulous care that the affair of the Presidency should be judiciously settled.  On December 31st, 1801, he writes to Bonaparte from Lyons: 

“The opinion of the Cisalpines seems not at all decided as to the choice to be made:  they will gladly receive the man whom you nominate:  a President in France and a Vice-President at Milan would suit a large number of them.”

Four days later he confidently assures the First Consul: