WI : Napoleon and Josephine have a son

[Matteo]

The salic law (though I agree it originally had nothing to do with public law) had become deeply rooted in France since the 14th century.

I must repeat it. Articles 3 to 6 of the french constitution of 1804 say thé following thing.

The imperial dignity is hereditary among Napoleon's direct and legitimate descendancy by order of birth, women and their descendancy being excluded.

If Napoleon has no son, he can adopt one among his brothers' sons and grandsons.

If Napoleon's direct descendancy ended, then his brother Joseph's lineage inherits, and then his brother Louis'.

The salic law was part of the constitution, by which Napoleon intended to reconcile France's new present (the revolutionary principles) and its monarchic past and traditions.

 

[Falecius]

Salic law is nothing that applies to sovereigns,only by usage,however if it were the case you have to explain how Maria Tereza became an emperess of Austria;Napoleon knew and he would do just the same....

Cough cough... Pragmatic Sanction... cough cough... War of the Austrian Succession...

 

[Xgentis]

I think this idea could ake a nice timeline.

 

[cimon]

Cough cough... Pragmatic Sanction... cough cough... War of the Austrian Succession...

Now,IF I say that your knowledge of law appears inadequate would that be...
patronising? cough...cough?

All right,Falecius,The so called "Pragmatic Sanction was one of the great legal flops in Law history;Charles VI must have been in desperate straights to try so hard to get a daughter recognised as his lawful successor..I guess;(gave sizable track of lands to prospective claimants and nothing less than Lorraine to France.)
'Leges barbarorum' were only inserted in the European laws as a usage since it was never certain if they were authentic or not or under what circumstances they were drafted.
Well,Salic Law,one of the older ones drafted between 507 to 507(not by the king Clovis) was a penal and procedural code(65 articles) "consisting of a long list of fines"(Britanica),the procedure containing analogous elements of the Roman 'leges actiones' in certain parts...otherwise...nothing of value;If the Pragmatic Sanction had a valid force of law,the legality of Maria Tereza in the Throne would not have been disputed by almost all German states,thus validating the Salic law in return by identifying itself as an exception due to "vis major"and would not have the unfortunate turn with the War of Austrian Succession as a result.
By accepting Maria Tereza's rise to succession,France tacitly abandons the so called Salic law,wich originally was accepted as containing provisions for inheritance in common law,but during the Hundred years War was accepted as official and binding for royal succession because the British claimant to the Throne was a woman...

 

[Parterre]

So if, come 1816 or abouts, Archduchess Maria Leopoldina is married to Napoleon's son, and Napoleon is eventually deposed and exiled much like OTL, where does that leave the couple? It would be highly awkward to have a Bonaparte married into the House of Habsburg, and unlike Marie-Louise who could simply take her son with her and raise him, this Aiglon is a complete foreigner. Do the Habsburgs have the marriage annulled? What on earth becomes of the now Monsieur Bonaparte?

 

[Rich Rostrom]

So if, come 1816 or abouts, Archduchess Maria Leopoldina is married to Napoleon's son, and Napoleon is eventually deposed and exiled much like OTL, where does that leave the couple? It would be highly awkward to have a Bonaparte married into the House of Habsburg ...

See below.

and unlike Marie-Louise who could simply take her son with her and raise him,

Marie-Louise was sent off to Italy without her son by the Congress of Vienna; they also excluded him from succession to her Italian domains.

She never saw him again.

Do the Habsburgs have the marriage annulled?

Most likely.

What on earth becomes of the now Monsieur Bonaparte?

He gets put somewhere safe, with lots of guards. He might even be sent off with his father.

The issue is that he represents the legitimate bloodline of Napoleon, and thus is a rallying point for Bonapartists. If he has children, that continues. So there will be pressure to ensure he never marries. OTL's Napoleon II was spared that, because he was a Habsburg scion - a baby grandson of the Austrian Emperor, who liked him AIUI.

TTL N III has no claim on any allied ruler, and isn't a baby.

 

[Falecius]

By accepting Maria Tereza's rise to succession,France tacitly abandons the so called Salic law,wich originally was accepted as containing provisions for inheritance in common law,but during the Hundred years War was accepted as official and binding for royal succession because the British claimant to the Throne was a woman...

Sorry for the patronising tone, no offense intended. The Pragmatic Sanction was an exceptional measure. This is what I meant, and what you just said. We agree on this.
I have some problems with what you say in the quoted part, namely in seeing how acceptance of Maria Theresa in _Austria_ implies a change of the law of the land in _France_. Moreover, as others have pointed out, France had a written constitution explicitly endorsin the Salic Law principle of Succession.

 

[cimon]

Sorry for the patronising tone, no offense intended. The Pragmatic Sanction was an exceptional measure. This is what I meant, and what you just said. We agree on this.
I have some problems with what you say in the quoted part, namely in seeing how acceptance of Maria Theresa in _Austria_ implies a change of the law of the land in _France_. Moreover, as others have pointed out, France had a written constitution explicitly endorsin the Salic Law principle of Succession.

I think I have to explain againragmatic sanction was a FLOP;Charles VI had to bribe all respective claimants with sizable tracks of land to accept the sanction;his desperate attempt failed.In a few years they had the War of Austrian Succession.

France,accepted the Pragmatic Sanction in return of Lorraine and in doing so repeals in effect her own version of Salic law since the law could not except 'a priori' the PS.(you cannot have both the cake and eat it...)
This is the legal side of it.Of course the acquisition of Lorraine was a masterpiece since all European Royal Houses were connected in one way or another with the house of Lorraine,given under Imperial Charter to France,but at the same time invalidating Salik Law(french version of).

What Charles VI should have done was to limit the effects of the Pragmatic Sanction,as an ad hoc solution for use in Austria once and that in way affected the validity of the Salic law;clearly,that wasn't his intention.

Who would succed Napoleon? in 1816? Louis XVII as per OTL if the allies won the war.