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the avowal of a great error, and I confess it with grief upon throwing my eyes upon my country. My fault is, the having misunderstood the intentions of the king.

touching upon a very delicate question. He brought to recollection the declaration of the court of appeal of Rennes, that imperial decrees, bearing on measures of general interest, were not obligatory. That declaration had indeed been annulled by the court of cassation, in virtue of an equivocal article of the constitution of the year 8, which contained oblique dispositions, favourable to despotism. According to the view of M. Mauguin, the natural judges of the accused were those of the seventh division. He had been transferred to the first division, because there was no council of war formed at Grenoble; but the king alone had not the right of making this transfer. It required an order from the

"After a long deliberation of the council, the president declared, that C. A. F. H. de Labedoyere, colonel of the seventh regiment of the line, had been unanimously judged guilty of treason and rebellion. The court declared besides, unanimously, that the said Labedoyere had not availed himself of the delay of eight days granted by the ordonnance of the king to all the abettors of Buonaparte to return to their duty. In consequence, they condemned him to the pain of death, to degradation from the rank of colonel, and from the title of commandant of the legion of honour, and to the pay-judge of the court of cassation, and perhaps even a law ment of the expences of the trial.

"The sentence was pronounced in the absence of the accused, and Labedoyere calmly heard it read to him in prison. He asked Captain Viotti whether he had not twenty-four hours to appeal? On being answered in the affirmative, he said, that is sufficient. The papers were therefore deposited at the office of the council of revision on the 16th, and judgment, which is usually given on the following day, was not given till the 19th.

"The council of revision met at eight o'clock in the morning, to deliberate on the sentence which had been passed against M. Labedoyere.

"The new counsel for the prisoner were M. de Joly and M. Mauguin.

"The council of revision, consisting of the Baron de Conchy, mareschal de camp; two colonels, and two captains; and M. Ricard, commissaire ordonnateur, ordered all the papers connected with the proceedings to be read.

"The reporting-judge stated, that, having considered the documents, it did not appear to him that the objections to the proceedings were sufficiently serious to afford ground for annulling the judgment.

"M. Mauguin, in a pleading of two hours, stated various objections, founded chiefly on the incompetence of the councils of war, of the first division in general, and of the second in particular, and on several omissions of forms.

"I do not endeavour, said he, to exculpate my client from all that is imputed to him. Placed in one of those extraordinary situations which are happily rare in the history of nations and of kings, the monarch had to choose between pardon and justice. This choice has been made, and Colonel Labedoyere has been brought before you.

"In examining whether the council of war had regular cognizance of the case, under the king's ordonnance of the 21st of August, he did not dissemble that he was

enacted by the three branches of the legislative authority.

"Even supposing the king could legally refer the case of the accused to the permanent council of war, why did the governor of the division fix on the second council of war instead of the first? Was it not the former, which the ordonnance, by the vague manner in which it was expressed, seemed to indicate?

"Proceeding to consider the question of form, M. Mauguin endeavoured to establish:

"1. That the second council of war had contravened the law, by not specifying in the minutes of its proceedings, the place in which its session was held.

"2. That the examination of the witnesses had not been regular. The judgment did not prove that they had been heard separately They had not been required to make oath, but merely a simple promise to tell the truth. They had not declared whether they were relations or allies of the accused.

"3. The prisoner's defence was incomplete. Public notoriety proved that he had been interrupted in the middle of his speech. He was not allowed to justify his intentions, though tribunals for the investigation of crimes are obliged to examine, not merely the fact, but the intention by which it is rendered criminal.

"4. It was refused to call witnesses in exculpation. "Here the president interrupted the counsel, and asked, whether the accused had cited or designated any witnesses by name.

"M. Mauguin admitted that his client had not designated any. Then continuing his objections, he insisted, that there was no identity between the individual brought before the council under the name of Charles Angelique Francois de Labedoyere, and the prisoner, to whom the names of Charles Angelique had only been given.

"An interesting part of the discussion turned on the question whether the ordonnance of the 6th of March could be applied. The rigorous terms of that ordon

nance appeared to be mitigated by that of the 23d, | matically communicated to the allied sovereigns, it was and particularly by the proclamation made by the king never disavowed, and must, therefore, be received as at Cambray, dated the 27th of June, on his entering authentic. France. In that proclamation, the king declared his intention to be, to deliver to the tribunals only the REPORT TO THE KING ON the situation of france, and authors and instigators of the horrible plot which had brought back Buonaparte.

"The counsel had made a vague use of the words treason and rebellion. It should have been distinctly proved that Colonel Labedøyere was an author or instigator of the plot.

"M. Ricard, procureur de roi, refuted these objections in their order. There was no incompetence in the second council sitting at Paris. A formal law gave the war minister the right, when there was no council in one division, to refer the accused to such other council as he should judge proper.

ON THE RELATIONS WITH THE FOREIGN ARMIES.

"Sire, The devastation of France is at its height. Every thing is ruined, wasted, and destroyed, as if we had neither to hope for peace nor composition. The inhabitants fly before undisciplined soldiers-the forests are filled with unhappy beings, who seek in them a last asylum-the crops are perishing on the ground: in a short time despair will no longer listen to the voice of any authority: and this war, undertaken for the triumph of moderation and justice, will equal in barbarity those deplorable and too-celebrated invasions, the memory of which is handed down in history with horror.

"With respect to the reference of the cause to the se- "The allied powers have too loudly proclaimed their cond instead of the first council, the governor, Count doctrine to allow us to doubt of their magnanimity. Maison, had the right of making that substitution. What advantage can be derived from so many useless The other alleged grounds of objection did not appear evils? Shall there be no longer any bond of connecsufficient to annul the proceedings. He consequently tion between the nations? Do they wish to retard the concluded by moving the council to confirm the judg-reconciliation of Europe with France? One of the views of the sovereigns seemed to be to secure the go

ment.

"At noon the council withdrew to the hall of deli-vernment of your majesty, and yet its authority is inberation, and at one o'clock pronounced the following judgment:

cessantly compromised by the state of impotency to which it is reduced by them. Its power is even rendered "Considering that the second council was compe- odious by the evils of which it seems to be the accomtent, that the proceedings have been regularly con- plice, because it is unable to prevent them. Your maducted, and the law rightly applied, we declare unani-jesty signed as ally the treaty of the 25th of March, mously that the said judgment is confirmed, and that it shall have its full and entire execution.

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"At four o'clock in the afternoon, as the king was about to get into his carriage, a lady, in deep distress, burst through the crowd, and fell at his feet, crying out, Pardon, pardon, Sire!' She was immediately recognised to be Madame de Labedoyere. Madame,' said the king, 'I know your sentiments and those of your family, and never was it more painful to me to pronounce a refusal.' Madame Labedoyere fainted; proper remedies were immediately applied.

"At half-past six in the evening, Labedoyere was escorted to the plain of Grenelle by a strong detachment of gen d'armerie. On arriving at the place of execution, he knelt down and received the benediction of the confessor who accompanied him. He then rose, and, without waiting for his eyes to be bandaged, uncovered his breast to the veterans who were to shoot him, and exclaimed, Above all do not miss me!' In a moment after he was no more."

About this time, the following report on the state of France appears to have been drawn up by Fouché; for though it was not formally acknowledged, nor diplo

and yet the most direct war is carried on against you.

"The sovereigns are acquainted with the degree of intelligence possessed by the French-no reasoning, no description of faults, no kind of propriety, escape the penetration of that people-though humiliated by necessity, they resign themselves to it with courage. The only evils which they cannot support, are those which they cannot comprehend. Has not your majesty done every thing for the interest of the powers and for peace which depended on your efforts? Buonaparte has not only been dispossessed, but he is in the hands of the allies: his family is equally in their power, as it is within their territories. The chambers have been dissolved. Soon there will be no men in public functions, but those who may be depended on, and friends to peace.

"The Buonapartists were dreaded, though none of them can any longer be dangerous. Your majesty, however, has on this subject granted every thing that could be granted or required by way of example.

"If, after vanquishing France, they pretend that it ought still to be punished, this language, which ought not to have been expected after the promises of the

sovereigns, requires that they should weigh well all the consequences. For what do they wish to punish us? Is it to expiate the ambition of one man, and the evils which it has produced? We were ourselves the first victims, and we have twice delivered Europe from them. It is not in foreign countries, but in France, that terror has constantly troubled his repose, notwithstanding his power.

position; there would no longer be an obstacle to any measures, if they made a part of a general plan which should altogether afford some conciliation to obedience. "Let the sovereigns then deign to explain themselves. Why will they persist in refusing this act of justice?-Let them deign to bring forward all their demands as so many conditions of the repose of the nations, and let our concession to their views make part of a reciprocal treaty, and there will no longer be any difficulties.

"He was never able to render the war national; instruments are not accomplices. Who does not know. that the person who exercises tyranny finds always in "The sovereigns do not, perhaps, sufficiently remark the multitude a sufficient force to make himself obeyed? the circle of embarrassments and obstacles in which they "We are even reproached with his successes: they place both us and themselves. We require good order were compensated by a number of reverses. What to second them, and their explanation to re-establish image did the announcement of his victories hold up to good order. Are they desirous of sacrifices which reus, but that of the conscriptions, which perished and quire repartitions and prompt obedience? It is only reclosed their short career, only to make new conscrip-quisite for this purpose, that the authority of your mations, which were again to be mowed down in battle!jesty should be full and entire: nothing is possible, noWe were saved, like the rest of Europe, by the same mournings and the same calamities.

"The army is submissive to your majesty, but it still exists. We ought to explain ourselves on this subject without any reserve. What remains of the army is now only attached to peace and the public tranquillity. Its state of re-union, far from being an evil, prevents the evil from extending. The return of the soldiers into the bosom of the people will be attended with no danger, when the conclusion of the war shall allow the people the means of resuming their occupations and their habits; but before that time, and so long as the fermentation is not extinguished, nor obedience established, the mingling the soldiers with the citizens would be only throwing new inflammable matter into the flames. "It is grievous to think that this state of things originates in the error of some cabinets, in the judgments formed by them on the situation of France. The fulfilment of all their desires depends on themselves alone. There are no sacrifices to which an enlightened people will not readily submit, when they see the object for which they are exacted, and finding them the means of avoiding greater calamities, Such is the disposition, such the wish of every Frenchman.

"But if they, on the other hand, wish to obtain preparatory measures for unknown plans, they demand a thing impossible. There is no such thing as blind obedience in France. The powers have not yet published any of their designs; no one knows what idea he ought to entertain of the government, of the authority of your majesty, or of the future.

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thing can be executed, if peace does not exist in reality, at least provisionally; and, far from being in a state of peace, we experience all the calamities of war.

"Let the sovereigns bestow at least some attention on their own interests. When every thing shall be ruined and evastated around their armies, how will they find means of subsistence? Is there no danger in dispersing the troops? All arms will not be taken away, and arins of all sorts are murderous in the hands of despair. With respect to warlike contributions, what new sacrifice can be demanded where every thing has already been destroyed by the soldier? With respeet to armed force, when once discipline is relaxed, it is not easily re-established.

"Germany is far from expecting, after a glorious campaign, to receive back her soldiers, corrupted by a spirit of licentiousness, rapine, and pillage.

"This war ought to have been in every respect distinguished from others, instead of imitating and surpassing in France, the excesses against which the sovereigns took up arms. Will their glory even be satisfied? On our part we have done whatever they desired; and, on their part, every thing which had been announced to the world is fulfilled, one point excepted. What a contrast between what is actually passing, and their solemn promises! This is the age of reason and justice, and the public opinion never had more power. Who can explain such excessive evils after such promises of moderation? The present war was undertaken to serve the cause of legitimacy. Is this manner of carrying on war calculated to render the authority of your majesty more sacred ?

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They were desirous of punishing the individual who sported with the calamities of nations, and they

inflict on France the same violence, the same inhuma- | addressed to them by the ministers of the allied powers. nity. It was thought by all Europe that the entry of The latter wish to persuade the king's ministers that

the sovereigns into Paris would put an end to the war. What will be thought, on learning that it was then only that the excesses of oppression commenced, without combats, and without resistance? The evils which we are reproached with having inflicted on others, were never so great; they never took place when the use of arms had no object; and, though it were true that we had given the first examples of such an abuse of force, ought they to imitate what they impute to us as a crime? "It is known in the North, it is known in Prussia, that our want of moderation gave birth to energy and public spirit in our enemies. There will no longer be any end to the evils of humanity, if mutual vengeances are to become the rule of war; for nations never die. "Your majesty will deign to permit me to insist on one final consideration.-So long as France shall have any thing to preserve, by the hope of maintaining its integrity as a nation, no sacrifice will be impossible, and all the plans of an equitable policy may be executed; but the day in which the inhabitants shall have lost every thing, in which their ruin shall be consummated, a new order of things-a new series of events will be seen to arise, because there will no longer be either government or obedience. A blind fury will take the place of resignation: they will only seek counsel in despair: on both sides there will be ravagepillage will make war on pillage. Every step of the foreign soldiers will be marked with blood. France will be less ashamed of destroying herself than in allowing herself to be destroyed by others. The moment approaches;—already the national spirit takes this frightful direction;-the most opposite parties are blending into one;-La Vendée itself unites its colours with those of the army. In this excess of evils, what line of conduct remains to your majesty but that of removal? The public functionaries, in the same manner, will quit their places, and the armies of the sovereigns will then be at issue with individuals freed from all social ties.

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“A nation of thirty millions of inhabitants may undoubtedly disappear from the face of the earth, but in this war of man to man, the oppressed and their vanquishers will lie together in more than one grave.

"FOUCHE."

This report was accompanied by the following

ANSWER OF THE FRENCH MINISTERS TO THE OFFICIAL

NOTE OF THE ALLIED SOVEREIGNS.

the measures which they have commanded to the government of Paris, are such as may contribute to diminish the exactions of the war, and to re-establish the royal authority. The king's ministers, however, unfortunately, cannot regard these measures in that point of view. They owe it to the sovereigns, to France, and to themselves, to explain themselves on this subject. The sovereigns, doubtless, are the masters, and can do whatever they desire; but at any rate let them not say, that, in taking every step calculated to ruin the cause of his majesty, that they wish to confer any favour on him. There is already in France too much odium and ill-will against the Bourbons, to render it necessary still more to revolt every heart, by making the nation experience the greatest losses and the deepest humiliations. What can be more afflicting than to see, in a time of peace, all the departments subjected to your military governors-what misfortune more to be deprecated than the dispersion of your troops over the whole face of the country? The sovereigns declared that they only made war against Napoleon, and yet all their measures belie their words; since, at the present moment, when the war ought to be finished, it is only about to commence. The present position of France is so much the more afflicting, as were war openly declared, (which it is not,) it is utterly impossible that she can suffer in a greater degree all its evils and all its horrors. Every where, wherever the armies are, (always excepting the English,) pillage, fire, rape, and murder, have been carried to their fullest extent; avarice and vengeance have left nothing for the officers or soldiers to desire. To speak with freedom, they exceed even the atrocities of which the French armies have been too often justly accused. The measures, however, alluded to in your note can have no other results than to extend the limits of this devastation. The armies spread themselves in our provinces, and all the horrors which we have depicted follow in their train. Such are the sentiments of the king's ministers on the new decree, and their answer to the appeal which has been made to them.

"They have the honour to subscribe themselves, with the highest consideration,

"TALLEYRAND, "FOUCHE."

In addition to the presence of the armies by which they had been conquered, and the weight of the con"The king's ministers have received the official note tributions levied by the allied sovereigns, the French

and which had been wrested from different nations, were now about to be restored to their legitimate

owners.

had the mortification to perceive that the splendid | was manifested in the most offensive language, even works of art with which the Louvre was decorated, whilst the foreign troops were standing guard over every public edifice in Paris. Every day new arrivals of strangers poured into the capital, anxious to gain a view of the Louvre before its collection was broken up. Those who took the journey to France at this period were gratified: the few pictures seized by the Prussians were scarcely missed, and all the most celebrated works remained. The halls of the statues were uninjured; and, in the great gallery above, which was constantly filled with strangers, who found it an agreeable place of rendezvous, the probability of further spoliation was strongly contested.

France, in the period of her overwhelming power, had stripped of their richest monuments of science and antiquity, all the nations that had unfortunately fallen under her iron yoke. In so doing, she acted contrary to the usages of modern warfare, and in that coarse spirit of selfish rapacity by which the whole of her revolutionary history is distinguished. France it was, that first incorporated the most odious violations in her regular system of conduct; she it was, that first refused to acknowledge that any right could stand in the way of her power; and she gave an example of a cold cruelty of practice, perfectly consonant with the worthlessness of her principles. Austria, Italy, Prussia, the Netherlands, and the smaller states of Germany, were all robbed of their finest works of genius and memo rials of antiquity: Rome had been stripped to enrich Paris; the Vatican had been plundered to stock the Louvre. When Frederick of Prussia entered Dresden as a conqueror, he only requested permission of the magistrates to sit in their gallery and admire its pictures. The French general, however, made their selection of these, and sent them off for France. The armies of these plundered states were now on the spot where all that had been taken from them was collected; and that they had the power to cause restitution, was sufficiently

obvious.

The Prussians alone, however, seem to have resolved, that, if ever they had occasion to pay a second visit to Paris, they would not leave any of the spoils of their country within its walls. Marshal Blucher, therefore, waited for no settlement of concert, and solicited no co-operation. When the commissioners came to treat for the surrender of Paris, he at once repelled their attempt to preserve the contents of the Museums, and, in fact, he had already commenced at Saint Cloud the work of retaking. From the first moment of his entrance into Paris, he proceeded spiritedly in removing from the Louvre all that it contained of Prussian property; and the blanks on the walls shewed the daily progress of the French loss in this respect. The whole amount of it, however, would have been as nothing to the remainder of the collection, if the other members of the alliance had not determined to restore the works of art, which were successively claimed by other nations.

For some time, it seemed as if the allies hesitated to mortify the vanity of the French though that feeling

Under this apparent inactivity, however, the business was by no means at rest. The towns and principalities that had been plundered, were making the utmost exertions to influence the allies to determine on a general restoration; and several of the great powers evidently inclined to such a decision. The famous sculptor, Canova, appeared as a claimant in behalf of Rome, which had only her venerable name to urge, having no force to support her rights. Attempts were certainly made to contrive an arrangement with the French ministry, by which justice might be done to Europe, observing the greatest possible delicacy that circumstances admitted of towards Louis XVIII. and his subjects. But Fouché and Talleyrand hung back, in that cunning selfish spirit, which has invariably characterized the school of Buonaparte's politicians ;— hoping that the allies would either shrink from a forcible seizure altogether, or that some of the minor states, to whom the most valuable articles belonged, might fail to receive from their powerful friends that assistance which would enable them to regain their property. It was even reported, at the time, that Canova's representations to the French government were treated with cutting contempt; and that Talleyrand remarked, by way of taunt, that no pictures or statues could be taken from the Louvre, unless there were fifty thousand soldiers to see that they were taken down in safety.

At length, however, the allies were fully convinced of the impolicy as well as the injustice of leaving to France these trophies of a monstrous system of spoliation; and it was resolved, that each power of the alliance should act in the independent exercise of its own strength, according to its own views.

A deputation from the Netherlands now claimed the Dutch and Flemish pictures taken during the revolutionary wars from these countries; and this demand was conveyed through the Duke of Wellington, as commander-in-chief of the Dutch and Belgian armies.

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