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But, on the whole, let no man conceive it possible that Louis is not guilty. The only question for a reasonable man is, or was: Can the Convention judge Louis? Or must it be the whole People: in Primary Assembly, and with delay? Always delay, ye Girondins, false hommes d'etat! so bellows Patriotism, its patience almost failing.—But indeed, if we consider it, what shall these poor Girondins do? Speak their convictions that Louis is a Prisoner of War; and cannot be put to death without injustice, solecism, peril? Speak such conviction; and lose utterly your footing with the decided Patriot? Nay properly it is not even a conviction, but a conjecture and dim puzzle. How many poor Girondins are sure of but one thing: That a man and Girondin ought to have footing somewhere, and to stand firmly on it; keeping well with the Respectable Classes! This is what conviction and assurance of faith they have. They must wriggle painfully between their dilemma-horns. (See Extracts from their Newspapers, in Hist. Parl. xxi. 1-38, &c.)

Nor is France idle, nor Europe. It is a Heart this Convention, as we said, which sends out influences, and receives them. A King's Execution, call it Martyrdom, call it Punishment, were an influence! Two notable influences this Convention has already sent forth, over all Nations; much to its own detriment. On the 19th of November, it emitted a Decree, and has since confirmed and unfolded the details of it. That any Nation which might see good to shake off the fetters of Despotism was thereby, so to speak, the Sister of France, and should have help and countenance. A Decree much noised of by Diplomatists, Editors, International Lawyers; such a Decree as no living Fetter of Despotism, nor Person in Authority anywhere, can approve of! It was Deputy Chambon the Girondin who propounded this Decree;—at bottom perhaps as a flourish of rhetoric.

The second influence we speak of had a still poorer origin: in the restless loud-rattling slightly-furnished head of one Jacob Dupont from the Loire country. The Convention is speculating on a plan of National Education: Deputy Dupont in his speech says, "I am free to avow, M. le President, that I for my part am an Atheist," (Moniteur, Seance du 14 Decembre 1792.)—thinking the world might like to know that. The French world received it without commentary; or with no audible commentary, so loud was France otherwise. The Foreign world received it with confutation, with horror and astonishment; (Mrs. Hannah More, Letter to Jacob Dupont (London, 1793); &c. &c.) a most miserable influence this! And now if to these two were added a third influence, and sent pulsing abroad over all the Earth: that of Regicide?

Foreign Courts interfere in this Trial of Louis; Spain, England: not to be listened to; though they come, as it were, at least Spain comes, with the olive-branch in one hand, and the sword without scabbard in the other. But at home too, from out of this circumambient Paris and France, what influences come thick-pulsing! Petitions flow in; pleading for equal justice, in a reign of so-called Equality. The living Patriot pleads;—O ye National Deputies, do not the dead Patriots plead? The Twelve Hundred that lie in cold obstruction, do not they plead; and petition, in Death's dumb-show, from their narrow house there, more eloquently than speech? Crippled Patriots hop on crutches round the Salle de Manege, demanding justice. The Wounded of the Tenth of August, the Widows and Orphans of the Killed petition in a body; and hop and defile, eloquently mute, through the Hall: one wounded Patriot, unable to hop, is borne on his bed thither, and passes shoulder-high, in the horizontal posture. (Hist. Parl. xxii. 131; Moore, &c.) The Convention Tribune, which has paused at such sight, commences again,—droning mere Juristic Oratory. But out of doors Paris is piping ever higher. Bull-voiced St. Huruge is heard; and the hysteric eloquence of Mother Duchesse: 'Varlet, Apostle of Liberty,' with pike and red cap, flies hastily, carrying his oratorical folding-stool. Justice on the Traitor! cries all the Patriot world. Consider also this other cry, heard loud on the streets: "Give us Bread, or else kill us!" Bread and Equality; Justice on the Traitor, that we may have Bread!

The Limited or undecided Patriot is set against the Decided. Mayor Chambon heard of dreadful rioting at the Theatre de la Nation: it had come to rioting, and even to fist-work, between the Decided and the Undecided, touching a new Drama called Ami des Lois (Friend of the Laws). One of the poorest Dramas ever written; but which had didactic applications in it; wherefore powdered wigs of Friends of Order and black hair of Jacobin heads are flying there; and Mayor Chambon hastens with Santerre, in hopes to quell it. Far from quelling it, our poor Mayor gets so 'squeezed,' says the Report, and likewise so blamed and bullied, say we,—that he, with regret, quits the brief Mayoralty altogether, 'his lungs being affected.' This miserable Amis des Lois is debated of in the Convention itself; so violent, mutually-enraged, are the Limited Patriots and the Unlimited. (Hist. Parl. xxiii. 31, 48, &c.)

Between which two classes, are not Aristocrats enough, and Crypto-Aristocrats, busy? Spies running over from London with important Packets; spies pretending to run! One of these latter, Viard was the name of him, pretended to accuse Roland, and even the Wife of Roland; to the joy of Chabot and the Mountain. But the Wife of Roland came, being summoned, on the instant, to the Convention Hall; came, in her high clearness; and, with few clear words, dissipated this Viard into despicability and air; all Friends of Order applauding. (Moniteur, Seance du 7 Decembre 1792.) So, with Theatre-riots, and 'Bread, or else kill us;' with Rage, Hunger, preternatural Suspicion, does this wild Paris pipe. Roland grows ever more querulous, in his Messages and Letters; rising almost to the hysterical pitch. Marat, whom no power on Earth can prevent seeing into traitors and Rolands, takes to bed for three days; almost dead, the invaluable People's-Friend, with heartbreak, with fever and headache: 'O, Peuple babillard, si tu savais agir, People of Babblers, if thou couldst but act!'

To crown all, victorious Dumouriez, in these New-year's days, is arrived in Paris;—one fears, for no good. He pretends to be complaining of Minister Pache, and Hassenfratz dilapidations; to be concerting measures for the spring campaign: one finds him much in the company of the Girondins. Plotting with them against Jacobinism, against Equality, and the Punishment of Louis! We have Letters of his to the Convention itself. Will he act the old Lafayette part, this new victorious General? Let him withdraw again; not undenounced. (Dumouriez, Memoires, iii. c. 4.)

And still, in the Convention Tribune, it drones continually, mere Juristic Eloquence, and Hypothesis without Action; and there are still fifties on the President's List. Nay these Gironde Presidents give their own party preference: we suspect they play foul with the List; men of the Mountain cannot be heard. And still it drones, all through December into January and a New year; and there is no end! Paris pipes round it; multitudinous; ever higher, to the note of the whirlwind. Paris will 'bring cannon from Saint-Denis;' there is talk of 'shutting the Barriers,'—to Roland's horror.

Whereupon, behold, the Convention Tribune suddenly ceases droning: we cut short, be on the List who likes; and make end. On Tuesday next, the Fifteenth of January 1793, it shall go to the Vote, name by name; and, one way or other, this great game play itself out!

Chapter 3.2.VII

The Three Votings

Is Louis Capet guilty of conspiring against Liberty? Shall our Sentence be itself final, or need ratifying by Appeal to the People? If guilty, what Punishment? This is the form agreed to, after uproar and 'several hours of tumultuous indecision:' these are the Three successive Questions, whereon the Convention shall now pronounce. Paris floods round their Hall; multitudinous, many sounding. Europe and all Nations listen for their answer. Deputy after Deputy shall answer to his name: Guilty or Not guilty?

As to the Guilt, there is, as above hinted, no doubt in the mind of Patriot man. Overwhelming majority pronounces Guilt; the unanimous Convention votes for Guilt, only some feeble twenty-eight voting not Innocence, but refusing to vote at all. Neither does the Second Question prove doubtful, whatever the Girondins might calculate. Would not Appeal to the People be another name for civil war? Majority of two to one answers that there shall be no Appeal: this also is settled. Loud Patriotism, now at ten o'clock, may hush itself for the night; and retire to its bed not without hope. Tuesday has gone well. On the morrow comes, What Punishment? On the morrow is the tug of war.

Consider therefore if, on this Wednesday morning, there is an affluence of Patriotism; if Paris stands a-tiptoe, and all Deputies are at their post! Seven Hundred and Forty-nine honourable Deputies; only some twenty absent on mission, Duchatel and some seven others absent by sickness. Meanwhile expectant Patriotism and Paris standing a-tiptoe, have need of patience. For this Wednesday again passes in debate and effervescence; Girondins proposing that a 'majority of three-fourths' shall be required; Patriots fiercely resisting them. Danton, who has just got back from mission in the Netherlands, does obtain 'order of the day' on this Girondin proposal; nay he obtains further that we decide sans desemparer, in Permanent-session, till we have done.

And so, finally, at eight in the evening this Third stupendous Voting, by roll-call or appel nominal, does begin. What Punishment? Girondins undecided, Patriots decided, men afraid of Royalty, men afraid of Anarchy, must answer here and now. Infinite Patriotism, dusky in the lamp-light, floods all corridors, crowds all galleries, sternly waiting to hear. Shrill-sounding Ushers summon you by Name and Department; you must rise to the Tribune and say.

Eye-witnesses have represented this scene of the Third Voting, and of the votings that grew out of it; a scene protracted, like to be endless, lasting, with few brief intervals, from Wednesday till Sunday morning,—as one of the strangest seen in the Revolution. Long night wears itself into day, morning's paleness is spread over all faces; and again the wintry shadows sink, and the dim lamps are lit: but through day and night and the vicissitude of hours, Member after Member is mounting continually those Tribune-steps; pausing aloft there, in the clearer upper light, to speak his Fate-word; then diving down into the dusk and throng again. Like Phantoms in the hour of midnight; most spectral, pandemonial! Never did President Vergniaud, or any terrestrial President, superintend the like. A King's Life, and so much else that depends thereon, hangs trembling in the balance. Man after man mounts; the buzz hushes itself till he have spoken: Death; Banishment: Imprisonment till the Peace. Many say, Death; with what cautious well-studied phrases and paragraphs they could devise, of explanation, of enforcement, of faint recommendation to mercy. Many too say, Banishment; something short of Death. The balance trembles, none can yet guess whitherward. Whereat anxious Patriotism bellows; irrepressible by Ushers.

The poor Girondins, many of them, under such fierce bellowing of Patriotism, say Death; justifying, motivant, that most miserable word of theirs by some brief casuistry and jesuitry. Vergniaud himself says, Death; justifying by jesuitry. Rich Lepelletier Saint-Fargeau had been of the Noblesse, and then of the Patriot Left Side, in the Constituent; and had argued and reported, there and elsewhere, not a little, against Capital Punishment: nevertheless he now says, Death; a word which may cost him dear. Manuel did surely rank with the Decided in August last; but he has been sinking and backsliding ever since September, and the scenes of September. In this Convention, above all, no word he could speak would find favour; he says now, Banishment; and in mute wrath quits the place for ever,—much hustled in the corridors. Philippe Egalite votes in his soul and conscience, Death, at the sound of which, and of whom, even Patriotism shakes its head; and there runs a groan and shudder through this Hall of Doom. Robespierre's vote cannot be doubtful; his speech is long. Men see the figure of shrill Sieyes ascend; hardly pausing, passing merely, this figure says, "La Mort sans phrase, Death without phrases;" and fares onward and downward. Most spectral, pandemonial!

And yet if the Reader fancy it of a funereal, sorrowful or even grave character, he is far mistaken. 'The Ushers in the Mountain quarter,' says Mercier, 'had become as Box-openers at the Opera;' opening and shutting of Galleries for privileged persons, for 'd'Orleans Egalite's mistresses,' or other high-dizened women of condition, rustling with laces and tricolor. Gallant Deputies pass and repass thitherward, treating them with ices, refreshments and small-talk; the high-dizened heads beck responsive; some have their card and pin, pricking down the Ayes and Noes, as at a game of Rouge-et-Noir. Further aloft reigns Mere Duchesse with her unrouged Amazons; she cannot be prevented making long Hahas, when the vote is not La Mort. In these Galleries there is refection, drinking of wine and brandy 'as in open tavern, en pleine tabagie.' Betting goes on in all coffeehouses of the neighbourhood. But within doors, fatigue, impatience, uttermost weariness sits now on all visages; lighted up only from time to time, by turns of the game. Members have fallen asleep; Ushers come and awaken them to vote: other Members calculate whether they shall not have time to run and dine. Figures rise, like phantoms, pale in the dusky lamp-light; utter from this Tribune, only one word: Death. 'Tout est optique,' says Mercier, 'the world is all an optical shadow.' (Mercier, Nouveau Paris, vi. 156-59; Montgaillard, iii. 348-87; Moore, &c.) Deep in the Thursday night, when the Voting is done, and Secretaries are summing it up, sick Duchatel, more spectral than another, comes borne on a chair, wrapt in blankets, 'in nightgown and nightcap,' to vote for Mercy: one vote it is thought may turn the scale.

Ah no! In profoundest silence, President Vergniaud, with a voice full of sorrow, has to say: "I declare, in the name of the Convention, that the Punishment it pronounces on Louis Capet is that of Death." Death by a small majority of Fifty-three. Nay, if we deduct from the one side, and add to the other, a certain Twenty-six, who said Death but coupled some faintest ineffectual surmise of mercy with it, the majority will be but One.

Death is the sentence: but its execution? It is not executed yet! Scarcely is the vote declared when Louis's Three Advocates enter; with Protest in his name, with demand for Delay, for Appeal to the People. For this do Deseze and Tronchet plead, with brief eloquence: brave old Malesherbes pleads for it with eloquent want of eloquence, in broken sentences, in embarrassment and sobs; that brave time-honoured face, with its grey strength, its broad sagacity and honesty, is mastered with emotion, melts into dumb tears. (Moniteur in Hist. Parl. xxiii. 210. See Boissy d'Anglas, Vie de Malesherbes, ii. 139.)—They reject the Appeal to the People; that having been already settled. But as to the Delay, what they call Sursis, it shall be considered; shall be voted for to-morrow: at present we adjourn. Whereupon Patriotism 'hisses' from the Mountain: but a 'tyrannical majority' has so decided, and adjourns.

There is still this fourth Vote then, growls indignant Patriotism:—this vote, and who knows what other votes, and adjournments of voting; and the whole matter still hovering hypothetical! And at every new vote those Jesuit Girondins, even they who voted for Death, would so fain find a loophole! Patriotism must watch and rage. Tyrannical adjournments there have been; one, and now another at midnight on plea of fatigue,—all Friday wasted in hesitation and higgling; in re-counting of the votes, which are found correct as they stood! Patriotism bays fiercer than ever; Patriotism, by long-watching, has become red-eyed, almost rabid.

"Delay: yes or no?" men do vote it finally, all Saturday, all day and night. Men's nerves are worn out, men's hearts are desperate; now it shall end. Vergniaud, spite of the baying, ventures to say Yes, Delay; though he had voted Death. Philippe Egalite says, in his soul and conscience, No. The next Member mounting: "Since Philippe says No, I for my part say Yes, Moi je dis Oui." The balance still trembles. Till finally, at three o'clock on Sunday morning, we have: No Delay, by a majority of Seventy; Death within four-and-twenty hours!

Garat Minister of Justice has to go to the Temple, with this stern message: he ejaculates repeatedly, "Quelle commission affreuse, What a frightful function!" (Biographie des Ministres, p. 157.) Louis begs for a Confessor; for yet three days of life, to prepare himself to die. The Confessor is granted; the three days and all respite are refused.

There is no deliverance, then? Thick stone walls answer, None—Has King Louis no friends? Men of action, of courage grown desperate, in this his extreme need? King Louis's friends are feeble and far. Not even a voice in the coffeehouses rises for him. At Meot the Restaurateur's no Captain Dampmartin now dines; or sees death-doing whiskerandoes on furlough exhibit daggers of improved structure! Meot's gallant Royalists on furlough are far across the Marches; they are wandering distracted over the world: or their bones lie whitening Argonne Wood. Only some weak Priests 'leave Pamphlets on all the bournestones,' this night, calling for a rescue; calling for the pious women to rise; or are taken distributing Pamphlets, and sent to prison. (See Prudhomme's Newspaper, Revolutions de Paris in Hist. Parl. xxiii. 318.)

Nay there is one death-doer, of the ancient Meot sort, who, with effort, has done even less and worse: slain a Deputy, and set all the Patriotism of Paris on edge! It was five on Saturday evening when Lepelletier St. Fargeau, having given his vote, No Delay, ran over to Fevrier's in the Palais Royal to snatch a morsel of dinner. He had dined, and was paying. A thickset man 'with black hair and blue beard,' in a loose kind of frock, stept up to him; it was, as Fevrier and the bystanders bethought them, one Paris of the old King's-Guard. "Are you Lepelletier?" asks he.—"Yes."—"You voted in the King's Business?"—"I voted Death."—"Scelerat, take that!" cries Paris, flashing out a sabre from under his frock, and plunging it deep in Lepelletier's side. Fevrier clutches him; but he breaks off; is gone.

The voter Lepelletier lies dead; he has expired in great pain, at one in the morning;—two hours before that Vote of no Delay was fully summed up! Guardsman Paris is flying over France; cannot be taken; will be found some months after, self-shot in a remote inn. (Hist. Parl. xxiii. 275, 318; Felix Lepelletier, Vie de Michel Lepelletier son Frere, p. 61. &c. Felix, with due love of the miraculous, will have it that the Suicide in the inn was not Paris, but some double-ganger of his.)—Robespierre sees reason to think that Prince d'Artois himself is privately in Town; that the Convention will be butchered in the lump. Patriotism sounds mere wail and vengeance: Santerre doubles and trebles all his patrols. Pity is lost in rage and fear; the Convention has refused the three days of life and all respite.

Chapter 3.2.VIII

Place de la Revolution

To this conclusion, then, hast thou come, O hapless, Louis! The Son of Sixty Kings is to die on the Scaffold by form of law. Under Sixty Kings this same form of Law, form of Society, has been fashioning itself together, these thousand years; and has become, one way and other, a most strange Machine. Surely, if needful, it is also frightful this Machine; dead, blind; not what it should be; which, with swift stroke, or by cold slow torture, has wasted the lives and souls of innumerable men. And behold now a King himself, or say rather Kinghood in his person, is to expire here in cruel tortures;—like a Phalaris shut in the belly of his own red-heated Brazen Bull! It is ever so; and thou shouldst know it, O haughty tyrannous man: injustice breeds injustice; curses and falsehoods do verily 'return always home,' wide as they may wander. Innocent Louis bears the sins of many generations: he too experiences that man's tribunal is not in this Earth; that if he had no Higher one, it were not well with him.

A King dying by such violence appeals impressively to the imagination; as the like must do, and ought to do. And yet at bottom it is not the King dying, but the Man! Kingship is a coat; the grand loss is of the skin. The man from whom you take his Life, to him can the whole combined world do more? Lally went on his hurdle, his mouth filled with a gag. Miserablest mortals, doomed for picking pockets, have a whole five-act Tragedy in them, in that dumb pain, as they go to the gallows, unregarded; they consume the cup of trembling down to the lees. For Kings and for Beggars, for the justly doomed and the unjustly, it is a hard thing to die. Pity them all: thy utmost pity with all aids and appliances and throne-and-scaffold contrasts, how far short is it of the thing pitied!

A Confessor has come; Abbe Edgeworth, of Irish extraction, whom the King knew by good report, has come promptly on this solemn mission. Leave the Earth alone, then, thou hapless King; it with its malice will go its way, thou also canst go thine. A hard scene yet remains: the parting with our loved ones. Kind hearts, environed in the same grim peril with us; to be left here! Let the Reader look with the eyes of Valet Clery, through these glass-doors, where also the Municipality watches; and see the cruellest of scenes:

'At half-past eight, the door of the ante-room opened: the Queen appeared first, leading her Son by the hand; then Madame Royale and Madame Elizabeth: they all flung themselves into the arms of the King. Silence reigned for some minutes; interrupted only by sobs. The Queen made a movement to lead his Majesty towards the inner room, where M. Edgeworth was waiting unknown to them: "No," said the King, "let us go into the dining-room, it is there only that I can see you." They entered there; I shut the door of it, which was of glass. The King sat down, the Queen on his left hand, Madame Elizabeth on his right, Madame Royale almost in front; the young Prince remained standing between his Father's legs. They all leaned towards him, and often held him embraced. This scene of woe lasted an hour and three-quarters; during which we could hear nothing; we could see only that always when the King spoke, the sobbings of the Princesses redoubled, continued for some minutes; and that then the King began again to speak.' (Clery's Narrative (London, 1798), cited in Weber, iii. 312.)—And so our meetings and our partings do now end! The sorrows we gave each other; the poor joys we faithfully shared, and all our lovings and our sufferings, and confused toilings under the earthly Sun, are over. Thou good soul, I shall never, never through all ages of Time, see thee any more!—NEVER! O Reader, knowest thou that hard word?

For nearly two hours this agony lasts; then they tear themselves asunder. "Promise that you will see us on the morrow." He promises:—Ah yes, yes; yet once; and go now, ye loved ones; cry to God for yourselves and me!—It was a hard scene, but it is over. He will not see them on the morrow. The Queen in passing through the ante-room glanced at the Cerberus Municipals; and with woman's vehemence, said through her tears, "Vous etes tous des scelerats."

King Louis slept sound, till five in the morning, when Clery, as he had been ordered, awoke him. Clery dressed his hair. While this went forward, Louis took a ring from his watch, and kept trying it on his finger; it was his wedding-ring, which he is now to return to the Queen as a mute farewell. At half-past six, he took the Sacrament; and continued in devotion, and conference with Abbe Edgeworth. He will not see his Family: it were too hard to bear.

At eight, the Municipals enter: the King gives them his Will and messages and effects; which they, at first, brutally refuse to take charge of: he gives them a roll of gold pieces, a hundred and twenty-five louis; these are to be returned to Malesherbes, who had lent them. At nine, Santerre says the hour is come. The King begs yet to retire for three minutes. At the end of three minutes, Santerre again says the hour is come. 'Stamping on the ground with his right foot, Louis answers: "Partons, let us go."'—How the rolling of those drums comes in, through the Temple bastions and bulwarks, on the heart of a queenly wife; soon to be a widow! He is gone, then, and has not seen us? A Queen weeps bitterly; a King's Sister and Children. Over all these Four does Death also hover: all shall perish miserably save one; she, as Duchesse d'Angouleme, will live,—not happily.

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