(added this refpe&table advocate) by a judgment that will appear to her to be terrible, when it was carried by no more than five votes." He invoked eternal justice and facred humanity, to determine the convention to refer their judgment to the tribunal of the people. It is not to be conceived, faid M. Tronchet, that fo large a number of those who voted for death fhould bave invoked the penal code to juftify their judgment; and have. at the fame time, forgotten the huInanity of the law in favour of the accused; which requires two thirds of the voices for fuch a decifion. A decree of the convention, patted only that morning, had pronounced, that the majority of a fingle voice was fufficient; and when an objection was made, they had immediately paffed to the order of the day; but in a question of fuch unparalleled importance, the nominal appeal was abfolutely requifite to the purposes of juftice, and he accordingly demanded the repeal of that decree. M. de Maletherbes reprefented to the convention, that he had formerly confidered, with great attention, the manner in which votes.ought to be taken in criminal cafes; and that, as fo many ideas crowded upon his hind on the important fubject, and as he was not in the habit of extemporaneous fpeaking, he moft earnefily entreated the delay of a day to give him an opportunity of arranging thofe opinions which he anxiously wished to fub mit to their confideration. By the previous queftion, however, the convention rejected the appeal to the people, as well as the obfervations propofed to be made by M. de Maletherbes, but adjourned to the following day the confideration of the queftion, whether the national intereft did, or did not, require a delay in the execution of the fentence pronounced against Louis. Two remarkable incidents, fays Dr. Moore, in his journal of the revolution, occurred during this debate, which thew the excefs of wanton barbarity, and perfevering rancour of which fome men are capable, on the most folemn and affecting occafions. Tallien, with diabolical irony, argued, for the king's immediate execution, on, what he called, motives of humanity. "He knows, faid the wretch, "that he is condemned, and that a refpite is demanded: to keep him in fufpence, is prolonging his agony. Let us, then, in tenderness for his fufferings, decree his immediate execution, and put an end to his anguifh." Even the ears of Danton were offended on the occafion, and he loudly difapproved the words that his friend had uttered. The other incident occurred, when Thomas Paine, who had already given his opinion against the death of the king, afcended the tribune: as he was not capable of pronouncing French, one of the fecretaries read his difcourfe, as it had been tranflated from the original English. His reafonings againft the execution of the fentence appear to have been confidered as very perfuafive, fince thote who had heard the difcourfes of Buzot, Condorcet, and Briffot, to the fame purport, without interruption, broke out into murmurs, while the opinion of Paine was reading; and Marat, at length, lofing all patience, exclaimed, that Paine was a quaker; and that, from the narrow principles of his reli 1 gion, his mind was fo contracted as to be incapable of the liberality requifite for condemning men to death. This ftrange argument failing of its effect, the fecretary continued to read, "That the execution of the fentence, inftead of an act of juftice, would appear to all the world, and particularly to their allies, the American ftates, an act of vengeance; and that if he were fufficiently mafter of the French language, he would, in the name of his brethren of America, prefent a petition at the bar against the execution of the fentence." The convention then proceeded to the fourth nominal appeal, which was not terminated till midnight, on the 19th of January, 1793, when 310 voices were declared to be for a refpite of the fentence, and 380 againft it. Thus, after thirty-fix hours, ended the fitting, which will be remembered and execrated to the latest pofterity. It may indeed be argued, with fome degree of plausibility, that, from the iffue of this queftion, the appeal to the primary atfemblies, whenever it had been made, would have been equally rejected: but it may be obferved, in reply, that there is a confiderable difference, as to its popular effect, between voting for a reference of the fentence to the people, and voting for the refpite of fentence already pronounced. Many who would willingly have given their fuffrage for the former, might be deterred by various confiderations, from giving their vote against the latter. A melancholy gloom and awful filence, (fays an anonymous hiftorian of the revolution in France) fuperfeded the native gaiety of the French capital, during the latt days of the king's life, as if fome horrid calamity was prefaged by its inhabitants: while bodies of armed men patroled the metropolis, the fuppreffed fighs and the reftrained lamentations that were every where obferved, encouraged the belief that a fair appeal to the people would, at least, have faved the devoted king from the horrid and unmerited fate which he fo foon fuffered. The executive council were ordered to acquaint the king, on the following day, of the final determination of the national convention, and that his execution was to take place within twenty-four hours, from the time of the notification. It was, however, decreed, that he should be allowed a free communication with his family; and that any ecclefiaftical perfon, moft agreeable to himself, thould be permitted to attend him. While the convention were employed on the various queftions that were connected with the final fentence of the king, the devoted Louis was employed in preparing his mind, by the fuperior aids of religion, to meet the fate, whatever it might be, that his favage and unrelenting enemies thould prepare for him. On Thurfday, the 17th of January, M. de Malefherbes arrived about nine in the morning; and as Clery, the king's faithful valet de chambre, haftened to meet him, "All is over, he exclaimed, your royal matter is condemned to die." As the king role to receive him, M. de Maletherbes threw himself at his feet, and remained for fome moments dumb with forrow. At length he announced the decree, that condemned his late fovereign and matter to die. While thisexcellent old man man could fcarce fuftain the weight no more. On examining the ftate of the votes, on the various queftions refpecting his fentence, the only circumftance that feemed to affect him, was the conduct of M. D'Orleans, "I am without hope," faid he, "refpecting any change of my fate; but I cannot reflect, that fo near a relation as the duke of Orleans fhould give his voice for my death, without fuffering very painful fenfations." On Friday, the 18th, the king frequently expreffed his folicitude at the abfence of M. de Malefherbes; and,in the interval of his devotions, read the account On the following day, the tran- com complained, in very affecting terms, and wrote to the commune to reprefent how neceffary it was, in his awful fituation, that an inftant attention fhould be paid to his remonftrance. On Sunday, January 20, he was informed, that M. de Malefherbes had prefented himself several times at the gate of the Temple, and had been refufed entrance. The morning of that day he employed in reading and writing; and, about two o'clock, he received the fatal vifit of the executive counfel Ga rat, the minifter of justice, Le Brun, the minifter of foreign affairs; Grouvelle, fecretary to the counfel; and feveral officers of the police and criminal tribunal, were introduced by Santerre, with his ufual infolence. The king prefented himself to them with all the dignity of his former ftate, and his prefent innocence: when Garet, with his hat on his head, and affuming an importance (which he has fince declared he knew not how to fuftain, in the awful prefence of injured virtue, and fallen majetty), informed the king, that the national convention had commanded the executive counfel to fignify its decrees of the 15th, 16th, 17th, 19th, and 20th of January; and that the fecretary was prepared to read them which duty he performed, with a feeble voice and tremulous accent. Louis then heard, "that the convention had declared him guilty of confpiring against the liberty of the nation, and the general fafety of the ftate: that he fhould fuffer the punishment of death, and that his execution fhould take place within twenty-four hours after its notification." During this ceremony, which troubled even thofe who were employed to per form it, the countenance of the king fuffered no change, that denoted alarm. But when the word confpiracy was named, a fimile of indignation juft appeared on his countenance; and, on hearing that part of the fentence which doomed him to die, the look which he caft on those who furrounded him was fo characteristic of beneficence and fubmiflion, as to prove, that death is without terror to the virtuous man. The king now took a paper from his pocket-book,and delivered it to the minifter of juftice, to prefent to the convention. It contained his laft requefts, "that his fentence might be delayed for three days, in order that he might be better prepared to appear in the prefence of God: that he might be freely vifited by a perfon whom he fhould name, who would be qualified to alift him in the folemn act of preparation: that fuch perfon fhould be protected from all infult and danger, in performing fuch an office of charity and religion: that he might no longer be fubject to the clofe infpection he had hitherto fuffered, during the very fhort time he had to live: that he might have a free communication with his family, and without witnefs: that the national convention would allow his family to withdraw from France, or to any other country which they might prefer; and he finally recommended to the generofity of the nation many of his old fervants, who had no other fupport but the penfions which he had allowed them. He then named M. Edgeworth de Fermont, as the ecclefiaftic whom he withed to fee, if that privilege fhould be granted to him. At fix in the afternoon, Garet : Garet returned to inform the king, that the convention had decreed him the permiflion to receive the perfon whom he named, and who now accompanied him that he might freely fee his family, without any witnefs: that the nation, always noble and always juft, would take the future allotment of his family and his penfioners into their confideration; but that the delay was refufed." Mr. Edgeworth was now introduced, and the king immediately retired with him into his clofet. This gentleman, whom the king had felected to attend him in his last moments, was, from the piety of his life, the ftrength of his mind, and the gentleness of his manners, in a pre-eminent degree qualified to fulfil this important and affecting duty. His family is from Ireland; but he had been bred in France, and, from the excellence of his character, had been chofen by the princefs Elizabeth, as her confeffor; in which fituation he became known to the king, and was highly regarded by him; as very forcibly appears from the application made to him in this moft awful exigence of his life. At eight o'clock the king prepared to fee his family; and, after fome little preparation, the queen, princefs Elizabeth, with the prince and princefs royal, were conducted to him. When the firft agony had, in fome degree, fubfided, the king informed them of the fentence which condemned him to die, and in how fhort a time it was to be executed. He maintained his fortitude on this most trying occafion; while the piety and calmnefs with which he confoled them rendered them more inconfolable. It is a scene whofe hiftory will appal mankind, while there is a fenfe of honour, justice, and virtue, in the world, and will awaken fenfibility in the human breast, while there are hearts to feel, or tears to fhed. After an interview of near two hours, and having promifed to fee his family again on the following morning, he returned to his chamber in a ftate of emotion that cannot be defcribed. When he had recovered fome degree of compofure, he expreffed his wish to think no more of this world, with which he had fo little concern, and to turn his whole thoughts to that state which he was approaching. He then began to converfe on the great truths of religion, and aftonished his confeffor, by the knowledge he difplayed on the fubject, as he edified him by the piety which accompanied it. Nothing now remained for his confolation, but to perform the rites, and receive the communion of his church; and Mr. Edgeworth, after fome oppofition from the commiflarics, left poifon might be introduced in the wafer that forms the Roman facrament, obtained the folicited indulgence. The commiffaries themfelves provided the hoft, and the neceffary ornaments for performing mafs were procured from a neighbouring church. The king was no fooner informed, that he could be permitted the confolations which he would derive from the folemn offices of his religion, than he expreffed the moft heartfelt fatisfaction, and immediately entered upon his confeffion. When that folemn duty was paffed, Mr. Edgeworth perceiving his royal penitent to be almoft exhaufted, with the fatigue and anguifh he had fuffered during the day, entreated him |