might advise me how I fhould act in that emergency; and I after wards took refuge in the affembly with my family.

2. Why did you caufe the Swifs guard to be doubled in the beginning of Auguft?

A. All the conftituted authori-, ties were apprized of it. The palace was menaced; and as I was one of the conftituted authorities, I had a right to defend myself.

2. Why did you fend for the mayor of Paris on the evening of the 9th of Auguft?

A. On account of the rumours which were circulated.

2. You caufed the blood of Frenchmen to be fhed?

A. No, fir, it was not me. 2. Did you not authorife Septeuil to undertake a commercial fpeculation in grain, fugar, and coffee, at Hamburgh, and in other towns? This is proved by Septeuil's own letters.

A. I know nothing of what you mention.

2. Why did you put a veto on the decree, ordering a camp to be formed round Paris?

A. The constitution gave me the uncontrouled exercife of this power; and even at this period, I ordered a camp at Siffons, nearer the frontiers.

2. Louis, is there any thing you with to add?

A. I demand a copy of the charges, with the documents on which they are founded, and that I may be allowed an advocate to conduct my cause.

When thefe interrogatories were clofed, the prefident faid, Louis, the original papers on which your accufation is founded, are about to be read to you.

Valazé then read them to him in the following order, and the king replied to him in the following manner: Their refpective titles were

1. "A memoir of Talon, with notes in the margin; and Louis being asked if the notes were of his writing; he replied, that he knew nothing of them."

2. "A memoir of La Porte." Louis-"I know nothing of it."

3. "Letter of Louis Capet, dated June 29, 1790, fettling his connections with Mirabeau and La Fayette, to produce a change in the conftitution."

Louis-" I referve to myself the privilege of anfwering the contents hereafter. (Valazé read the letter.)It is only a plan, in which there is no queftion of a counter-revolution, and the letter was never fent." 4. A letter of Laporte, fuppofed to be dated by Louis.'"

66

Louis "I know nothing of the letter or the date."

5. "Two letters of Laporte, the one dated 3d of March, and the other the 3d of April, 1791, and both having marginal notes by Louis Capet."

Louis-" I difown both these letters."

6. "A plan of a conftitution, figned by La Fayette, with nine lines in the hand-writing of Louis.”

Louis-" I do not acknowledge either the plan or the remarks."

7. "Three letters of Laporte of different dates in the year 1791, and all containing annotations in the hand-writing of Louis."

Louis" I difown them all." 8. A paper-writing without any fignature, containing an account of expences."

Prefident-" Before you are exa

mined on this paper, I defire to be informed, if you caufed an iron prefs to be conftructed in the walls of your chateau, for the purpose of fecuring your papers?"

Louis-"I have no knowledge of it whatever; nor of the paper without a fignature."

9. "Several other writings figned by Louis, Talon, and St. Foy." Louis- I know nothing of them."

10. "A journal written by Louis himself, entitled, pentions or gratuities granted out of his coffers."

Louis-"I acknowledge it: but it merely relates to my own charitable donations."

11. "An account of the money. paid to the Scotch company of body guards; as well as to the companies of Noailles, Grammont, and Luxembourg, dated July 9, 1791." Louis-"This is prior to the time, when I order their pay to ceafe."

Prefident-" Where did you depofit thofe writings which you acknowledge?"

Louis-" With my treasurer." 12. "A paper relating to the body of one hundred Swifs." Louis-"I know nothing of it." 13. "A paper figned Ninon, the notary."

16. "A copy of the original powers given to Dufuillan."

Louis-" I know nothing of it." 17. "A copy of inftructions and powers given to M. Conway, by the brothers of the king."

Louis-"I never before heard of it."

18. "A letter from M. Bouillé, giving an account of 900,000 livres received of Louis.”

Louis-"I ditown it."

19. "A packet, containing five papers, found in the port-folio of Septeuil, two of them figned by Louis; with feveral receipts of Bonnieres, &c."

it."

Louis-“ I do not acknowledge

20. "A packet, containing two papers relative to a prefent made to the wife of Polignac and Lavauguyon."

Louis-"I have not the leaft knowledge of either of these papers."

21.

"A note figned by the king's brothers."

Louis-"I have no knowledge of the note, the hand-writing, or the fignatures.”

22. "A letter from Toulangeon to the king's brothers."

Louis- I know nothing of it." 23. "A bundle of papers relative to Choifeul Gouffier, at Conftantinople, and his agencies."

Louis" I am entirely ignorant of it."

24. "A letter from Louis to the bishop of Clermont."

Louis-"I am not acquainted with the written character or the fignature."

Prefident-" The feal bears the arms of France."

Louis-" I know it: but feveral perfons made ufc of that feal."

The king immediately withdrew. A very violent debate now enfued in the convention; wherein, to use the prefident's expreffion, the affembly affumed the appearance of gladiators, rather than that of lawgivers: it was, however, decreed, after a moft tumultuous fitting, that Louis fhould be indulged with a counfel for his defence. When he was informed of this decree, the king named Targot and Tronchet, the former of whom declined the office, while feveral perfons of diftinguished talents and character, eagerly prefled forward to be employed in the fervice of their degraded fovereign, on the trying and dangerous occafion. Of thefe he chofe M. de Lamoignon Malefherbes, who, at the age of feventy-two, poffcffed the virtuous courage to plead his caufe. In his letter to the prefident of the convention, exprefling this humane and noble defire, he fays, "I was once called to the

councils of him who was then my mafter, and at a time when fuch a function was an univerfal object of ambition; I now owe him the fame -fervice, when it is an office that, in the opinion of many, is attended with rifque and peril."

This excellent man had diftinguithed himfelf as prefident of the court of Aids, in the reign of Louis XV, and was called to be the minifter of his unfortunate fucceffor. He was univerfally belov ed and refpected; and his condu& on this occafion proves, that he could not be loved and refpected more than he deferved. Even the enemies of Louis admired the zeal of his advocate; and the poiffardes of Paris, who drove the unfeeling, unmanly Targot from his houfe, by the menace of their contemptuous fury, hung garlands on the manfion of Malefherbes, and tumultuoufly vociferated their admiration of his fuperior virtue.

Such was the multiplicity of papers to be examined in order to frame the king's defence, that his counfel found it impoffible to proceed with that dispatch which the convention expected of them; they accordingly applied for permition to demand the affiftance of M. de Seze; and a third counsel was immediately granted. In the interval between the 12th of December, when the privilege of having counfel was announced to the king, and the 26th of the fame month, when they were to perform their laft faithful fervices for him, he was very much employed in confulting with them, or, as he was now allowed the ufe of pen, ink, and paper, of preparing inftructions for them. But it was impotlible for the convention to allow even this

pour

poor femblance of juftice, without affociating the most poignant mortifications; and it was accordingly decreed, that Louis fhould not be permitted to have any communication with the queen, or his fifter, during the courfe of his procefs but that he might be indulged with the fociety of his children, provided they were excluded from their aunt and their mother. In this cruel alternative the king, who during his adverfe ftate, did every thing he ought to do, forgot nothing he ought to remember, and patiently fubmitted to all he was doomed to fuffer, made another facrifice to the noble and benevolent fentiments of his heart.

From the conduct of the king, during his imprisonment, it appears that he entertained but little, if any, expectation that his enemies would permit him to live; and, after the commencement of his trial, he feems to have been in more continual preparation for the awful hour, which, in his mind, appeared to approach him. The offices of the church he had never neglected; and that fenfe of religion, which had operated on his whole life, now ferved to fupport him in one of the moft trying fituations that our miferable nature had ever experienced. Among other acts of preparation, he employed himself on Christmas day in writing that laft will and teftament, which is fo replete with piety, benevolence, and understanding, as to have excited the admiration, and awakened the fympathy of every intelligent and feeling mind, that has contemplated this extraordinary effort of fuffering humanity.

On the following day, being Wednefday, the 26th of December,

the king was conducted a fecord time to the bar of the convention, where he appeared with the fame unembarraffed air as he manifested on his firft examination. And when the prefident informed him, that the national convention had appointed this day for hearing his defence, he replied, with a firm voice and undaunted afpect.—My counfel (pointing to M. De Seze) is to fpeak for me.-The king then fat down: M. Malefherbes and M. Tronchet took their feats on each fide of their auguft client; and M. De Seze began the defence, which had been prepared by the united labour, fkill, and talents, of thofe able advocates.

Reprefentatives of the nation!

"The moment is at length arrived, when Louis, accufed in the name of the French people, appears before you, attended by his counfel. Emboldened by conícious innocence, and fupported by the teftimony of his whole life, this diftinguifhed perfonage prefents himself and his whole conduct to the view of mankind. A celebrated republican has faid, that the calamities of kings always infpire the minds of thofe with fympathy and tenderness, who have lived under a monarchy; and if this be true who, can apply with more power for commiferation than Louis, whofe misfortunes cannot be described, whose calamities defy calculation, and who is fallen from the moft fplendid throne in Europe. You have called him to your bar, and he ap‐ pears before you with calmness and with dignity, fortified in the confcioufnefs of his innocence, and the purity of his intentions. These are teftimonies which must con

fole,

fole, thefe are teftimonies of which no power on earth can bereave, him. He can only declare his innocence; but I appear before you to prove that he is innocent, and I have no apprehenfion that I fhall fail in that important office. "Louis knows that Europe waits with anxiety for the fentence which you are to pafs; and that it will defcend to the times which are to come: but though anxious for his future character, as you alfo ought to be for yours, he is more folicit ous for his own immediate defcendants, whofe fate will be involved in your decifion. Like him we muft not think on pofterity, and look only to the exifting generation. IfI were only addreffing myself at this moment to his judges, I fhould fay, royalty is abolished, and you cannot now pronounce any other fentence against him: but I am speaking to the people. Ifhall, therefore, examine the fituation of Louis previous to the abolition of royalty, and his fituation at the abolition of it.

"Nations are fovereigns: they are at liberty to affume any form of government that appears beft to theinfelves after having recognifed and discovered the imperfection of their ancient form, they may enact a new one. This is a pofition which one of the counfel of Louis procured to be inferted in the conftitutional code. But the whole nation cannot exercife the fovereignty; it is neceffary there fore that it fhould delegate the adminiftration of it.

"In 1789 the people of France demanded a monarchical form of government: a monarchical government requires the inviolability of a chief; and this inviolability was established, not in behalf of

the king, but of the nation. Much has been faid on this fubject; but to every objection made to it, I open the volume of the conftitution, and in the fecond chapter, which is entitled" Royalty," I read that the king is inviolable. There is not any exception to or modifcation of this article: but certain circumftances may occur, when the firft public functionary may ceafe to enjoy this character of inviolability." The following is the firft example:

Art. 5. If the king fhall not take the oath, or after having taken it he retracts, he fhall be confidered as having abdicated the royal ty.'-" The nation here hath forefeen a crime, and enacted a forfei ture; but there is not a fingle word to be found concerning either trial or judgment. However, as a king, without retracting au oath, might betray and favour criminal and hoftile principles against the state; the nation hath been aware of this, and the conftitution hath provided against it."

Art. 6. If the king places himfelf at the head of an army, and directs the forces against the na tion; or if he does not oppofe himself, by a formal act, to any enterprise of this kind made in his name, he fhall be confidered as having abdicated the royalty.'-“I beseech you to reflect on the heinous nature of this offence: there cannot be one of a more criminal nature. It fuppofes all the machinations, all the perfidies, all the treafons, all the horrors, all the calamities of bloody civil war; and yet what does the conftitution pronounce? It pronounces no more than the prefumption of having abdicated the royalty.".

Art. 4