MEMOIRS OF THE COUNT HU, .:v ; AT. KELAT1VC TO TH DUKE W!TH PORTRAITS /ART.) RELATIVE TO THE DUKE DJENGHIEN; CONTAINING 1. MEMOIR OF THE DUKE OF ROVIGO, 2. MEMOIR OF COUNT HULIN, 3. MEMOIR OF M. DUPIN. TO WHICH ARE ADDED THE JOURNAL OF THE DUKE DJENGHIEN, WRITTEN BY HIMSELF; AND HISTORICAL AND INEDITED DOCUMENTS RELATIVE TO HIS TRIAL. SECOND EDITION. WITH PORTRAIT. LONDON: PRINTED FOR HENRY COLBURN AND CO. 1823. LONDON I PRINTED BY S. AND R. BENTLEY, DORSET STREET. 4- * lication, names me ; and yet in France I have been incessantly coupled with this transaction. " The Minister for Foreign Affairs, T alley - " rand, "says the Revue Chronologique, " inform- " ed the Minister of the Elector of Baden of " this arrest, by a letter dated the llth."- (See the Correspondant de Hambourg and the Courrier de Leyde.) " The First Consul," says the French Minis- ter, " has felt it necessary to give orders to " certain detachments to repair to Offenburg " and Ettenheim, to seize the instigators of the " monstrous conspiracies which, by their na- " ture, put all those who have clearly taken " part in them out of the law of nations." It is after long deliberation that I lay before the public this part of my Memoirs ; I felt that I could not fully clear myself without transferring to others the stains which it has been sought to attach to me ; and this necessity, unimpeachable as it is, was repugnant to my character. It required a decided provocation to make me break silence, and cease to rest satisfied in the testimony of my own con- science. But at length, since the author of the Me- morial de Sainte-Helene has left things in the 55 state they previously stood in, since in conse- quence of this Memorial the false rumours with which I have been incessantly assailed have been publicly renewed, why should I have still hesitated to give my explanations ? What delicacy, what respect do I owe to those who have had none for me ? All the circumstances of this tragic event have been intentionally distorted to give it the character of an assassi- nation, committed in a den of robbers. Powerful as I afterwards became, I might have avenged myself; but I preferred the re- spect due to my own character ; and if I now without scruple lift the veil that covers that scene of horror, it is because I was tired of finding myself constantly accused, and it was no longer possible or proper for me to remain silent. I owed it to my family, to my countrymen, and to my friends, to make this public state- ment ; I was resolved to shew them that it was not by crime that I had raised myself; and that if my star had in aught availed me in my career, the greatest favour I have to acknowledge from it is, that it has led me to participate in a hundred battles, and not in one trial. Now, having exhausted all I had to say on this subject, I shall mention it no more. Let every one make up his mind as he pleases ; it 5G can certainly never be concluded that if, in- stead of being myself the author of my for- tune, I had received with my birth all the ad- vantages of an illustrious name, I should, in the whole course of my life, have been found to tarnish it in a single instance. I shall give no farther explanation on this matter; I could, indeed, only repeat what I have already said. THE END. LONDON : PRINTED BY S. AND R. BENTLEY, DORSET STREET. MEMOIR OF COUNT HUL1N RELATIVE TO THE MILITARY COMMISSION APPOINTED IN THE YEAR XII. BY THE CONSULAR GOVERNMENT, FOR THE TRIAL OF THE DUKE D'ENGHIEN. LONDON: PRINTED FOR HENRY COLBURN AND CO. 1823. LOMDON : riUNTED BY S. AN1> 11. BENTLEY, DORSET STREET. EXPLANATIONS RELATIVE TO THE MILITARY COMMISSION INSTITUTED IN THE YEAR XII. FOR THE TRIAL OF THE DUKE D'ENGHIEN; SUBMITTED TO ALL IMPARTIAL MEN, BY COUNT HULIN. THE unfortunate affair of the DUKE D'EN- GHIEN has now cost me nearly twenty years of profound regret ! In my present advanced age, afflicted as I am with blindness, withdrawn from the world, and possessing no consolation but the atten- tions of my family, my sorrows have received an addition, by finding recalled into notoriety scenes which, though not to be obliterated from remembrance, were still not the object of public discussion. But, notwithstanding the shock at first occa- sioned, I afterwards blessed Divine Providence, on perceiving that it thus offered me the oppor- tunity, hitherto unattained, of giving explana- tions to my countrymen without being charge- able with an infringement of prudence and discretion. 2 A 2 2 Let not my intentions be mistaken. I do not write through fear, since my person is pro- tected by laws emanating from the throne itself; and, whilst under the government of a just king, I have nothing to apprehend from arbi- trary violence. I write in compliance with the call of my conscience, and the interests of my family, towards which I have duties to fulfil ; I write to tell the truth, even in what may be to my own detriment! I pretend not, then, to justify either the form or the matter of the judgment; but I wish to shew under what a powerful union of circumstances it was award- ed ; I wish to throw off from myself and my colleagues the imputation of having acted as party men. If we are still to receive blame, I hope that we shall also be pitied, and that it may be said of us : " They were most unfortu- " nateT On the 29th Ventose, year XII.* at seven in the evening, I received notice to repair imme- diately to the Governor of Paris, General Murat : by him I was ordered to proceed, with the least possible delay, to the chateau of Vincennes, in the capacity of President of a Commission which was to be formed there ; and, on my observing that I required a written * 20th March, 1804- order from him, he added, " That order will " be sent to you, together with the decree of " the government, as soon as you arrive at Vin- " cennes. Depart quickly ; you will scarcely " have reached the place, when those papers " will be put into your hands." These were his own expressions. I was entirely ignorant of the purpose of this commission, and continued so for a long time after my arrival at Vincennes. The mem- bers who were to compose it, with myself, arrived in succession at the several hours en- joined them in the orders they had separately received. When asked by them, whether I knew wherefore we were called together, I replied, that I was as little informed of it as themselves. Even the commandant of the chateau of Vin- cennes, M. Harel, replied to my enquiry on the subject, that he knew nothing of it ; adding, when he perceived my surprise, What can I say ? I am nobody here now ; every thing is done without my orders or participation. It is another person who has the authority. In fact, the gendarmes d? elite were now filling the chateau ; they occupied every post belonging to it, and maintained such rigorous guard, that one of the members of the com- mission remained upwards of half an hour at the wicket before he could make himself known. Another, who had been ordered to repair directly to Vincennes, without farther expla- nation, imagined that he was sent thither to be imprisoned. Thus were we about to act as judges in a cause unhappily too celebrated, without any preparation whatever ! Towards ten o'clock in the evening, we were extricated from our uncertainty, by the communication to me of the following documents, by authority, from General Murat. They were the papers of which I have already spoken : 1. The decree of the government, dated 29 Ventose, year XII. (20th March, 1804), set- ting forth the charges against the accused. 2. An order from the General-in-Chief Mu- rat, Governor of Paris, naming the members of the commission. T should remark, with respect to the for- mation of this commission, that there was nothing extraordinary in it. It consisted of colonels commanding the different corps then in garrison in Paris. The measure itself was of a general nature, and we all have to attri- bute to the accident of our being in that city, our selection for this purpose. The presidency belonged, of right, to the highest in rank. For this reason I became the President. It was directed, by the order of the Go- vernor of Paris, that the commission should meet immediately and give judgment without separating : but as it was not found possible to conclude the interrogatories commenced by the reporter until near midnight, it was not until that hour that the commission opened its sitting. I ought to notice that my colleagues and I were entire strangers to legal knowledge. Each had obtained his distinction on the field of battle ; none had the least notion of judicial matters ; and what was still worse, the reporter and the clerk had no more ex- perience than ourselves. The reading of the documents gave rise to an incident. We observed, that at the close of the interrogatory had before the captain- reporter, the Prince, before signing, wrote with his own hand some lines, in which he expressed a wish to have an explanation with the First Consul. A member proposed to transmit this request to the government. The commission postponed it; but at the same moment General .,.,*.., who came and stood behind my chair, represented to us that this request was inopportune. Besides, we found no provision in the law that could authorise us to suspend the business. The commis- sion then proceeded, proposing 1 to satisfy the wishes of the accused after the close of the discussion. Several documents were added to the pro- ceedings ; some intercepted letters, a corre- spondence of M. She"e, then prefect of the Lower Rhine ; and in particular, a long report of Real, counsellor of state, wherein the whole affair, with its ramifications, was represented as affecting the welfare of the State, and the very existence of the government : in a word, this report contained every thing that was calculated to impress on our minds the belief that the safety of the State depended on the sentence which was to be given. T proceeded to interrogate the accused, and I must say that he appeared before us with a noble confidence ; he rejected with indignation the charge of being directly or indirectly con- cerned in a plot to assassinate the First Con- sul, but avowed at the same time his having borne arms against France ; adding, with a courage and firmness that baffled all our at- tempts to make him waver on this point, for his own sake, that he had supported the rights of his family, and that a Conde" could never re-enter France without arms in his hands. My birth and sentiments, said he, make me for ever the enemy of your government. His resolute confessions distressed his ndges to the utmost. Ten times did we en- deavour to prevail on him to retract; but he was immoveable. " I perceive," said he, '* the honourable intentions of the members of the commission, but I cannot avail myself of the terms they offer me." Being told that military commissions decided without appeal, " I know it," he replied to me, " and I am aware of the danger I am in. I only desire to have an interview with the First Consul." What could the members of the commission do ? Let the circumstances of that period be considered. We were bound by our oaths to the government then existing. Appointed as judges, we were constrained to become judges, under pain of being tried ourselves. Thus forced to administer laws we had not made, and of which we were unhappily constituted the organs, wherefore did those laws, when con- sulted by us, point only, in reply, to a cruel punishment which they afforded us no means of mitigating ? We should have declared ourselves incom- petent, it is said. To have done so, that mea- sure should have been proposed to us. We were not lawyers ; competence seemed to us to result from the single fact that a de- cree of the government commanded us to try the accused. 2 B f " There should at least have been a legal defender assigned to him ; for then, all that you declare yourselves to have been ignorant of, would have been pleaded on behalf of the Prince .'"--This excessive remissness on the part of the captain-reporter would have been remedied on mine ; but the Prince never de- manded a counsellor, and I was not reminded of this duty by any one of the members. The same observations apply to the irregularity in the conduct of the trial, and the flaws objected to in the form of the judgment. I shall observe, with respect to the double minute, that the estimable author of the Dis- cussion des Actes de la Commission Militaire was ignorant of one fact not contained in the docu- ments. The bundle of papers communicated to him, and which he could not have obtained but through the person I had entrusted with them in 1815, were my private documents, and not the official ones of government, which must exist in the archives either of the War or Po- lice department, together with the Report of the Counsellor of State Real and the other documents, unless they have been stolen. Many forms of judgment were attempted, among others that which has been published as a proceeding in the trial ; but after it was 9 signed, it did not appear to us regular, and -we made the clerk draw it up in a new form, founded principally on the report of the Coun- sellor of State R6al, and the answers of the Prince. This second form, which constituted the real minute, is the only one that ought to exist. The other should have been immediately de- stroyed. If it has not, the omission arose from forgetfulness on my part. Such is the exact truth. Besides, there cannot in either case be any ground for reproach against us, and we admit willingly the dilemma proposed by the Journal des Debats. It is this, that at any rate the sen- tence could not legally be executed immedi- ately after judgment. The first minute could not be acted upon, for it was incomplete though signed by us. It contained blanks not filled up, and was not signed by the clerk. The reporter, therefore, and the officer charged with the execution, could not conscientiously have considered this a true judgment. As to the second, the only true one, as it did not con- vey an order for immediate execution, but merely to read forthwith the sentence to the con- demned, the immediate execution could not have been the act of the Commission, but solely of those who, upon their own responsibility, hastened the fatal execution. 10 Alas! we had far different thoughts. Hardly was the sentence signed when 1 began a letter, with the unanimous consent of the Commis- sion, to inform the First Consul of the desire expressed by the Prince to have an interview with him, and to conjure him to remit a punishment, which the difficulty of our situa- tion did not permit us to elude. It was at this moment that a man who had remained all the time in the Council Hall, and whom I would instantly name, did I not con- sider that, in defending myself, I ought not to become an accuser, approached me, and said, " What are you doing there ?" I am writing, said I, to the First Consul, to inform him of the wishes of the Council and of the condemn- ed. " Your business is done," said he, taking the pen : " the rest belongs to me." I protest it was my conviction, and that of many of my colleagues, that he meant to say: It is my business to inform the First Consul. The reply, understood in this sense, per- mitted us the hope that the representation would not be withheld. I remember only the feeling of vexation that I experienced, on see- ing myself thus deprived by another of the best privilege belonging to an office that is always so painful. And how could the idea possibly have occurred to us, that any of those II around us might have been ordered to omit the formalities prescribed by the law ? I was conversing on what had just passed, in the porch adjoining the hall where the pro- ceedings had been held : separate conversa- tions were going forward : I was waiting for my carriage, which, as it could not come inio the interior court, anymore than those of other members, occasioned my stay as well as theirs. We were closed in so that no person could communicate from without, when an explosion was heard a horrible sound, which filled us with terror and affright. Yes, I swear, in the name of all my col- leagues, this execution was not authorised by us. Our judgment purported that a copy of it should be sent to the Minister at War, the Grand Judge, the Minister of Justice, theGene- ral-in- chief, and the Governor of Paris. The order for execution could only be properly given by the last. Copies of the judgment had not yet been despatched. They could not have been completed before the lapse of some part of the day. On my return to Paris, I should have waited on the Governor and the First Consul ; perhaps But suddenly a dreadful sound informs us that the Prince is no more ! We know not whether he who so cruelly 12 precipitated the execution, acted in pursuance of orders, or not. If not, he alone is respon- sible ; and if by orders, still the Commission, unacquainted with those orders, assembled by private summons, and earnestly desirous to save the Prince, could not prevent their being carried into effect. They are not chargeable with the result. Again I repeat, how hard is my lot ! The lapse of twenty years has not allayed the bit- terness of my regret ! My avowal is not the re- sult of weakness. It would lose its whole value if destitute of all dignity. Let me be accused of ignorance or of error I acquiesce. Let me be reproached with a submission, from which 1 should now well know how to release myself under similar circumstances with my attach- ment to a man whom I thought destined to effect the happiness of my country with my fidelity to a Government which I then thought legitimate, and to which I was bound by my oaths ; but, let allowance be made both to me and my colleagues, for the fatal circum- stances under which we were summoned to decide : let it be said of us, They were most unfortunate ! MEMOIR OF M. D U P T N. CONTENTS. Page. Preface . 1 I. Illegality of the Arrest of the Duke d'Enghien . 7 II. Incompetence of the Military Tribunal . . 12 III. Irregularities in the Trial . . . .14 IV. Defects in the Judgment . . . .18 V. The Execution 25 VI. Occurrences after the Execution . . .26 VII. General Reflections 32 2c PREFACE. I WAS but twenty years of age when the news of the death of the Duke d'Enghien be- came known in Paris. This event made the deepest impression upon me. I supposed the judgment to be regular ; T nevertheless pitied the fate of the victim, although he was unknown to me. A few years afterwards, in 1809, having composed a little work entitled History of the Roman Law, at a period when the undisguised despotism of the new Emperor resembled in more than one respect that of the masters of Ancient Rome, the remembrance of the Duke d'Enghien occurred to my mind, and as I brought my work down to the reign of the successor of Augustus, I said of that monarch, " He at first made use of policy and circum- " spection ; and as long as he had reason to " fear Germanicus, uncertain of his own power " (ambiguus imperandi), he made no law with- " out consulting the Senate, or without veiling " his acts under the tribunitian authority. But " when once he had stained his hands with the " blood of that young prince, whose virtues, noble " qualities, and popularity in Rome, rendered him " formidable, a total change took place in his con- " duct. His device was, Let me be hated, " provided I am feared : oderint dum metuant." Government did not think fit to overlook this passage : I was summoned before the police, and it was undeniably proved to me, that Germanicus meant the Duke d'Enghien, and that the censure I passed on the Roman Em- peror was a reflection on the Emperor of the French. My book was seized at my house and at the printer's the edition was suppressed. I was not, however, personally prosecuted, be- cause books rather than authors were then the obnoxious objects ; and it was thought more advisable to stifle thought in silence, than to excite notice by bringing it before the tri- bunals. At a subsequent period, happening to see the proceedings in this trial, they powerfully excited my curiosity ; and the examination of them suggested to me the reflections contained in the following pages. The manuscript remained in my portfolio ; for every one has his own. I communicated it to very few persons,* and I should never have taken upon myself to recall the attention of the public to this distressing subject, had not others led the way. But since the fate of the Duke d'Enghien is now become the subject of new discus- sions ; and as these discussions appear very likely to mislead the public, because every disputant takes it for granted that the pro- ceedings on the trial are irretrievably lost ; as it is in my power to make known the truth, it is my duty to do so, without party-spirit, without mingling in a quarrel I am not con- cerned in ; but at the same time declaring, as every honest man ought to do, my personal disapprobation of an action which morality reprobates, which no motive, not even a poli- tical one, can be found to palliate or to justify; and the recital of which ought not to pass down to posterity without the execration it merits. It will, perhaps, be objected to me, "you are criticizing a trial : you forget the autho- rity of a judgment given" With deference to * It is quoted in the Annals of the French Bar (Modern), vol. v. p. 607. the friends of all judgments thus given, they can neither deprive the historian nor the law- yer of the right of examining such acts. Never, never can the august character of a real judg- ment given, which is to be reputed the truth itself, be applied to a political condemnation, of which the injustice and the illegality are demonstrated with equal clearness : in such cases, he who gives judgment must afterwards submit to receive it. EXAMINATION OF THE ACTS OP THE MILITARY COMMISSION APPOINTED IN THE YEAR XII, BY THE CONSULAR GOVERNMENT, FOR THE TRIAL OF THE DUKE D^ENGHIKN. THE death of the unfortunate Duke d'En- ghien was one of the most afflicting events that ever befel the French nation it was a dis- grace to the French Government. A young Prince, in the flower of his age, surprised by treachery, in a foreign land, where he slept in peace under the pro- tection of the law of nations ; dragged by violence into France ; brought before the pre- tended judges, who could in no case be his judges; accused of imaginary crimes ; denied the assistance of counsel ; interrogated and condemned with closed doors ; put to death in the night in the ditch of the castle that was used as a state- prison : so many virtues dis- regarded, such hopeful talents destroyed, will for ever stamp this catastrophe as one of the most revolting acts that an absolute Govern- ment ever ventured to commit. The semblance of judicial forms, even had they been punctually observed, would not diminish the frightful iniquity of the judgment. Had the laws of that period authorized such a condemnation, they would be a disgrace to the legislature which had made them ; and the judges, had they even possessed the power of pronouncing sentence, would still have been abandoned to everlasting remorse for having sacrificed the innocent. But if, in fact, no form was respected if the judges were incompetent if they did not even take the trouble to state in their decision the laws on which they affected to ground this cruel condemnation; if the unfortunate Duke d'Enghien was shot by virtue of a sentence signed in blank, and which was not completed until after the execution ! the case is not that of an innocent victim of judicial error; but assumes its true name a detestable assas- sination. Can there be any occasion to prove this assertion ? The glory of the Duke d'Enghien certainly requires no evidence. But France, which deplored the loss of that young hero, which saw in him the worthy heir of that illus- trious name of Cond6, to which our arms are indebted for so much glory ; France will feel it some consolation to learn, that the death of the Duke d'Enghien was the crime of a few individuals, and not that of the laws ! The French will see new reasons to rejoice in the abolition of the military government ; and to respect and cherish the institutions which, un- der the constitutional monarchy, guarantee the honour, the life, and liberty of every citizen. I. Illegality of the Arrest of the Duke d'Enghien. The Duke d'Enghien relates the circum- stances of his arrest in a journal in his own hand-writing, of which a copy was left amongst the papers relating to the trial, in the following terms. The simplicity of this narration is interesting : " On Thursday the 15th, at Ettenheim, my " house was surrounded by a detachment of " dragoons, and by piquets of gendarmerie, " in all about 200 men, the colonel of the " dragoons, and Colonel Chariot of the gen- " darmerie of Strasburg, at five o'clock in " the morning. At half-past five the doors " were broken open, and I was carried off to " the mill near the tile manufactory. My " papers seized, and sealed up. Conducted " in a cart between two rows of fusileers as " far as the Rhine. Embarked for Rhisnau. 2 D 8 " Landed and marched on foot to Pfofsheim. " Breakfasted at the Inn. Got into a coach " with Colonel Chariot, the quarter-master of " gendarmes, a gendarme on the box, and " Grunstein. Arrived at Strasburg, at Colonel " Chariot's, about half-past five. Removed " half an hour after, in a fiacre, to the citadel." The law of the 28th of March, 1793, art. 74, and that of th e 25th Brumaire, year III, title 5, sect. 1, article 7, decreed that the emigrants who, having borne arms against France, should be arrested, either in France, or in any hostile or conquered country, should be tried within twenty- four hours, by a commission of Jive members* ap- pointed by the officer at the head of the staff of the division of the army in whose district they should be seized. The law of the 19th of Fructidor, year V, had extended this measure to all the emigrants who should be arrested within the territory of the republic; but it was provided, by article 17, that the military commission for their trial should be composed of seven members, ap- pointed by the general commanding the divi- sion, and occupying the district in which they should be taken. * This number was afterwards, by other laws, increased to seven. 9 But there are three observations to be made on this subject. In the first place, the Duke d'Enghien could not be ranked simply amongst the emigrants : in his quality of a French prince, he was in a separate class. In the language of the laws, those persons were called emigrants, whose absence had been merely voluntary, and who could return on obtaining the erasure of their names from the list. But the Bourbons had not this privilege : it had been declared by an insolent decree, that no French princes should in future be acknowledged; and that they were for ever banished from the territory. Secondly, the Senatus-Consultus of the year X. had been promulgated two years before the seizure of the Duke d'Enghien, and more humane measures (under the too often deceitful name of amnesty} had mitigated the laws relating to the emigrants. The manners of the nation, which had laid aside the revolu- tionary fury and begun to assume its natural gentleness, had even done more ; as we find by the writings of a man who is not suspected of partiality to the emigrants. The editor of the Nouveau Repertoire de Jurisprudence, under the word Commission, sect. 1. 5. No. 1. after reciting the laws of the 28th of March, 1793, 25th Brumaire, year III, and 19th 10 Fructidor, year V, expresses himself in the following terms : " These laws, in strictness, " would still be applicable to the emigrants " who have not availed themselves of, or who " are excepted from the amnesty proclaimed " by the Senatus-Consultus of the year X ; " but the government always confines itself to " causing such of them as have been taken in the " French territories to be deported out of them." The government, then, had relinquished the ferocious right of putting them to death. And thirdly, even if the title of emigrant could have been lawfully applied to the Duke d'Eughieri ; even if the sanguinary laws en- acted against the emigrants had been in full vigour ; it is still incontestable that they could only be applicable to such of them as should be arrested in the territory of the Republic, according to the tenor of the law of the 19th of Fructidor, year V ; or, if we go back to the laws of 1793 and of year III, to those who, having borne arms against France, should be arrested either in France, or in any enemy's or conquered country. Now, the Duke d'Enghien was not arrested in France; he resided in a foreign state, which was neither an enemy s country nor a conquered country. The chateau of Ettenheim, where the Duke d'Enghien was attacked, situate four 11 leagues from Strasburg, on the right bank of the Rhine, belonged to the Elector of Baden, a sovereign prince with whom France was at peace. The Duke d'Enghien had long resided at Ettenheim in perfect confidence of safety ; which confidence was strengthened by the cir- cumstance that the electoral court, careful to avoid every pretext for a rupture with its for- midable neighbour, had consulted the consular government with respect to the propriety of allowing the Duke to reside at Ettenheim, before it authorized him to do so. The arrest of the Duke d'Enghien was, therefore, contrary to the faith of treaties, in formal opposition to the law of nations, which proclaims the independence of sovereignties, and the inviolability of territories, (except in the case of war lawfully declared) ; and his Majesty the King of Prussia was justified in saying, in his manifesto of the 9th of October, 1806 : " The independence of the German territory " has been violated, in the midst of peace, in a " manner insulting to the honour of the nation. " The Germans have not avenged the death of " the Duke d'Enghien; but never will that " crime be effaced from their memory." Consequently, the person of the Duke d'En- ghien did not come into the hands of his enemies in a legal manner. He was not a prisoner of 12 war, for he was not taken in arms, but in time of peace ; he was not a prisoner by any civil right, for he had not been summoned to appear, It was a mere violent seizure of his person, which may be compared to the captures made by the pirates of Tunis and Algiers; an in- road made by robbers, incursio latronum. Such an arrest could not, therefore, subject the party arrested to trial by any French tribunal. II. Incompetence of the Military Commission. This commission was assembled by virtue of a decree of the First Consul, dated the 29th Ventose, year XII, (20th March, 1804,) for the trial of the Duke d'Enghien, accused of having borne arms against the republic, of having been, and of being still, in the pay of England ; and of being concerned in the plots contrived by the said power against the internal and external safety of the republic. (No 2.) * By an order signed the same day by Murat, the governor of Paris, (No. 3,) the members of the commission are appointed and ordered to assemble forthwith to try (pour juger) the accused " on the charges set forth in the de- cree issued by government," (above mentioned.) It will, hereafter, certainly appear very ex- * See the Appendix of Document*. 13 traordinary, that the heads oj' the condemnation are not the same as the heads of the accusation : but for the present, looking only at the text of the warrant, it will be seen that the Duke d'Enghien is accused of plots contrived against the internal and external safety of the republic. Now the cognizance of such plots was never vested in military commissions, but was al- ways reserved to the ordinary tribunals. Had the military commission even been competent to take cognizance of the other charges, it could never, even under the pretext of its con- nexion with them, take cognizance of the ac- cusation of a plot against the safety of the state : it ought, at all events, to have declared itself incompetent in this respect. This point of jurisprudence was recognized and avowed by the minister of justice, in his report of the 4th Ventose, year V, * on the affair of Dunan, Brottier, and De la Villeurnoy ; a report which was inserted in the bulletin of the laws, (2d series, No. 1021,) with the sanction of the Directory. This incompetence of the military commis- sion, which appears on the very face of the accusation, vitiates in the outset any judgment * In this report, the minister has the hardihood to treat Louis XVIII. as a rebel. " What is this pretended Louis XVIII," says he, "but * rebel?' 14 it could pronounce : for it must have given judgment without power to do so ; than which there is no greater defect. Nullus major defec- tus quam potestatis. III. Irregularities in the Trial. The primary characteristic of this infernal proceeding is, that every thing was done by night. " In the twelfth year of the French republic, " this present 29th of Ventose, at twelve o'clock " at night, I, captain-major, &"c." says the inter- rogatory (No. 4.) Thus it was at midnight that the examina- tions commenced ! Now it is a general rule that all proceedings should be carried on in the day-time. " Jus- " tice and execution thereof ought to take " place in the day-time," says Loysel in his Opuscules, p. 155. At midnight, then, the captain-reporter in- troduced himself into the chamber in which the Duke d'Enghien lay, awakened him,* and began his interrogations ! " What rank did you hold in Cond6's army ?" " I commanded the van in 1796," replied * Thus the great Conde slept quietly on the eve of the battle of Rocroy. 15 the hero. " And afterwards ?" " Always in " the vanguard." The rest of his answers shew the same great- ness ; a frankness that was by no means rough, a kind of haughty modesty. He had only served under the command of his grandfather. He was not in the pay of England ; he re- ceived an allowance for his maintenance from that power. He needed it. " / have nothing " else to live upon," said the descendant of twenty kings ! He had, moreover, kept up no correspond- ence, except with his grandfather and his father. The latter he had not seen since 1796. He had never seen General Pichegru ; and had no correspondence with him, or with Dumouriez, whom, likewise, he had never seen. He insisted that he had never kept up any such correspondence in the interior of France, as was imputed to him. The interrogatory concludes with these words : " Previously to signing the present " proces-verbal, I earnestly request a private " audience of the First Consul. My name, my " rank, my known way of thinking, and my " dreadful situation, induce me to hope that he " will not refuse my request." 2 E 16 Vain hope! the lofty mind of the Prince supposed his enemies to be possessed of mag- nanimity ! Far other resolutions had been formed far other orders had been given. The interrogatory was closed, and signed by the Duke, the captain-reporter, and the clerk. But the omission of two substantial formalities is remarkable in it. In the first place it is not mentioned that the prisoner was allowed to read it ; although the 17th article of the law of the 13th Brumaire, year V,* imperiously pre- scribes this formality. " The interrogatory being finished, the ac- " cused shall be allowed to read it, in order " to declare whether his answers have been " faithfully minuted, whether they contain the " truth, and whether he persists therein, in " which case he shall sign, &c." This form was the more essential in the present case, because there were no documents or witnesses against the Duke, and the commissioners seem to have decided merely upon conclusions drawn from this interrogatory. Secondly, The same law, article XIX, con- * The law of the 13th of Brumaire, year V, regulating the mode of proceeding in Councils of War, has been declared applicable to military commissions. See the work entitled Guide des Juges Militaires, page 93, and the opinion of the Council of State, 7th Ventose, year XIII. 17 lains the following provision : " After having " closed the interrogatory, the reporter shall " direct the accused to make choice of a friend " to defend him. The accused shall be at " liberty to select this defender from amongst the " citizens of all classes present on the spot ; " should he declare that he cannot make this " choice, the reporter shall do it for him." Alas ! the Prince had no friends amongst those who surrounded him : this fact was cruelly declared to him by one of the abettors of this horrible scene ! Why were we not pre- sent ? why was not the Prince allowed to make an appeal to the bar of Paris ? There he would have found friends and defenders ; supporters of his rights; advocates who, like their pre- decessors and successors, would have shewn themselves emulous of the honour of offending despotism, and fearless of its resentment ! The Duke was alone! but let us speak only of the law : it was disregarded in this essential point ; the notification which, even for form's sake ought to have been given, was not given : no defender was officially assigned to the Prince, on his having omitted to choose one himself; in short, he was not defended at all! Now a per- son accused, without a defender, is nothing but a victim abandoned to the errors and pas- sions of his judge ; and he who condemns a 18 man without defence, is not armed with the sword of the law, but with the dagger of an assassin. IV. Defects of the Judgment. The interrogatory took place on the 29th Ventose, at midnight. On the 30th Ventose, at two o'clock in the morning,* the Duke d'Enghiea was introduced before the military commission. What horri- ble precipitation ! The minute of the judgment states, that the council was assembled " for the purpose of " trying the ci-devant Duke d'Enghien on the " charges set forth in the decree thereinbefore " referred to (that of the 29th Ventose) ; " and consequently, on the accusation of plots against the safety of the state ; an accusation respecting which, as we have shewn already, the com- mission ought to have declared its absolute incompetence. The President caused the accused to be * See No. 5, the minute of the Judgment, containing these words, " This day the 30th of Ventose, in the Xllth year of the republic, at two o'clock in the Morning." These words two o'clock in the morning, which were only introduced because that was, in fact, the hour, are effaced from the minute, but no other indication has been substituted in their place. Lifura tamtn extat. 19 brought in, and ordered the captain-reporter to produce the documents both for the charge and defence, one in number (that is to say, the decree by which the affair was referred to the commission.) This assertion is false, as it regards docu- ments for the defence : there were none, there- fore none could be produced or read. This was an empty formula. It may even be as- serted, that there were no documents for the charge; for the only paper that was read, namely, the decree for the trial, was neither for the prosecution nor for the defence, it was a mere authority to proceed, a foundation of the trial, which left the question just as it stood, to be judged according to the charges and justifications that should be produced. Not a single witness was produced or heard against the accused. The interrogatory alone remained ; but even supposing that interrogatory regular, and to have contained the most formal confession of all the facts charged in the accusation, it could never have sufficed, alone, to establish a proof of guilt against the accused, sufficient to jus- tify a condemnation, and particularly a capital sentence ! This is a constant maxim amongst the professors of criminal jurisprudence. The omission in the interrogatory relative to 20 the choice of counsel, was not rectified on the trial. Finally, as to the judgment itself, we sub- join a copy of it, literally transcribed from the minute. (See No. 5,) " The Commission, after having allowed the " accused a reading of his declarations, by " means of the President, asked him whether " he had any thing to add to his defence ; he " replied that he had nothing more to offer, " and persisted in that declaration. The Pre- " sident caused the accused to withdraw. " The council deliberating with closed doors, " the President collected the votes, beginning " with the junior in rank, the President having " given his vote last : the unanimity of votes " declared the prisoner guilty, and applied to " him the - - article of the law of " conceived in these terms (all in blank) ; and " has consequently condemned him to death." What a monstrous form of giving judgment! Never, perhaps, was the contempt of all forms carried so far ! The accused is declared guilty ! Guilty of what ? The judgment does not inform us. The abovementioned law (of the 13th Bru- maire, year V.) enacts (Article 30,) "The " President shall put the questions in the fol- " lowing manner : N , accused of having com- * mitted such an offence, is he guilty ?" Now 21 in this judgment, the original of which I have seen, held in my hand, and literally copied, no question is stated to have been put. In penal matters it is an invariable principle, that every judgment pronouncing a penalty, ought to contain a reference to the law by virtue of which such penalty is inflicted. In particular, the 25th article of the law of the 3d Brumaire, year V, says, " The Presi- " dent shall cause to be brought and laid " before him, on the bureau, a copy of the "law;* the proces-verbal shall mention this " formality." Again, article 35 provides, that " The Pre- " sident, after having pronounced aloud, and " caused to be inscribed in the proces-verbal, " the decision of the council on the guilt of " the accused, shall read the text of the " law, and apply the penalty pronounced by " council." In the present case, not one of these forms was complied with ! There is not a word in the proces-verbal to shew that the commission- ers had a copy of the law before their eyes ; there is nothing to prove that the President read the text of the law before he applied it to the accused. On the contrary, the very 1 We can readily conceive that the Bulletin des Lois was not in the library of the dungeon of Vincennes. 22 form of the judgment affords proof, that the commissioners pronounced condemnation with- out knowing either the date or the tenor of the law ; for, in the minute of the sentence they have left in blank the date of the law, the number of the article, and the place in which the precise words should have been quoted. And yet the noblest blood was shed by exe- cutioners, upon no better authority than the minute of a sentence in which there were all these imperfections ! But let us continue the examination of this dismal monument of ignorance and infamy., The deliberation ought to be secret, but the judgment ought to be pronounced in public. The law tells us : " The opinions " having been thus collected, the President " is to cause the doors of the council-chamber et to be re-opened." (Law of the 13th Bru- maire, year V. art. 34.) Now the judgment of the 30th Ventose says, indeed, " The coun- cil deliberating with closed doors," &c. But it does not mention that the doors were opened again, or give any intimation that the result of the deliberation was pronounced in public sitting. And if it had said so, who would believe it ? A public sitting at two o'clock in the morning at the dungeon of Vincennes ! when all the outlets of the castle were 23 guarded by gendarmes rfdite ! But the fact is, not even the precaution of a lie was used ; the judgment is silent on this point. This judgment is signed by the president and the other six commissioners, including the reporter ; but it is to be remarked, that the minute is not signed by the clerk, whose con- currence was, however, necessary to give it authenticity. " The clerk (says the 36th ar- ticle of the above-mentioned law) shall write down the judgment, with its grounds, at the foot of the proces-verbal, which shall then be closed and signed by all the members of the coun- cil, by the reporter, and by the said clerk." Thus the sentence pronounced against the Duke d'Enghien, from one end to the other, in every part, exhibits the most scandalous violation of all forms. It has nothing of a judgment but the name ! It concludes, however, by this terrible for- mula : " Orders that the present sentence " shall be immediately executed, under the care " of the captain-reporter." IMMEDIATELY! words of despair, the work of the judges themselves! immediately! al- though an express law, that of the 15th Bru- maire, year VI, granted an appeal for revision against all military judgments ! and the law of the 27th Ventose, year VIII, likewise gave 2 F 24 the privilege of applying for a cassation of any military judgment, on the ground of inconir petence or excess of power *. The decree of the 17th Messidor, year XII, which decided that the judgments of special military commissions should not be impugned by recourse to any other tribunal, was not then in force ; and, besides, this decree, severe as it was, did not ordain that the sentences should be executed immediately, but " shall " be executed within twenty-four hours after " they shall be pronounced/' And lastly, the judges were not ignorant that the prisoner, at the close of his interrogatory, had earnestly requested to speak to the First Consul. Why then those unusual words " shall be executed immediately' ? It was two o'clock in the morning; day was about to appear ; and the head of the govern- ment, without whose positive orders no one would have dared to dispose of such a prisoner as the Duke d'Enghien, was not willing that the people of Paris should find, on awaking, that a Prince of the house of Bourbon was in * " If there were an appeal of this nature, we think that " after the sentence of the military commission, the judges " might suspend the execution of the judgment, and wait " until the supreme tribunal of the empire should reject or " admit the appeal." Le Guide des Juges Militaires, p. 93. 25 existence, so near the capital, in the dungeon of Vincennes. V. The Execution. The Duke d'Enghien, after being interroga- ted by night, and tried by night, was put to death by night : it was not fit that day-light should witness so atrocious a crime ! This horrible sacrifice was to be consum- mated in darkness, in order that it might be said that all laws had been infringed ; all, even those which direct the publicity of executions, as a last security to misfortune against illegal and barbarous punishments.* On descending into the fosse", the Duke d'Enghien was desired to kneel down. " A " Bourbon," replied he, " bends his knee to " none but God." He was denied the conso- lations of religion. In the Biographic des Contemporams, a work printed at Brussels in 1818, although it is ge- nerally written in a spirit highly favourable to Bonapartism, the following appears under the article Enghien : " The night being very dark, * Penal Code of 1791, art. 5 ; code of Brumaire, year IV, art. 445 ; decree of the 16th of August, 1793, which, while it directs an exception, sanctions the principle- 26 " a lantern was fastened on his breast, to serve " as a mark for the soldiers to aim at* ; he " was afterwards thrown, dressed as he was, " into a grave, which had been dug the pre- " ceding evening whilst he was at supper." The grave of a person accused dug before his trial ! Such were the proceedings in the case of the Duke d'Enghien ! The Biographic des Contemporains, is, how- ever, mistaken in saying that the Prince was shot by soldiers. " The truth of history re- quires it to be stated, that this crime was perpetrated by gendarmes d 1 Elite. "f VI. Occurrences after the Execution. The death of the Duke d'Enghien became known in the capital at the same time as the prosecution against him. The impression it made was terrible. The First Consul himself * According to another account, the Duke d'Enghien himself took this lantern and held it with a firm hand, to the moment of the discharge ; all accounts, however, agree in this, that it was found necessary to have a lantern to effect this horrible execution by. The variations in the deposi- tions arise from the circumstance that all the witnesses were not equally well situated for distinguishing objects in the dark. t Biographic Universelle, printed by Michaud. 27 was dismayed. Perhaps he thought his chosen servants had too punctually executed his or- ders ! But the deed was done, the crime con- summated ; all that remained was to justify it, if possible, in the eyes of the people and the senate. It was thus that Caracalla, after embruing his hands in the blood of Geta, wanted to em- ploy the jurisconsult Papinian to justify this parricide before the senators. Papinian re- fused, saying that it was easier to commit a crime, than to find an excuse, for it ; and on the tyrant's urging his request, Papinian replied, that to accuse an innocent man after having put him to death, was committing a second parricide. The instruments of the First Consul were not all so courageous as Papinian.* They seemed to second his views with the utmost zeal, and in a manner to legalize as- sassination, by adding to the sentence, which it was found necessary to publish, motives and forms intended to justify the condemna- tion. * Some opposition was, however, offered to the death of the Duke d'Enghien ; the voice of the public has pro- claimed the entreaties of Josephine, Cambacores, &c. ; but at that time all were silenced by a " Such is my will:" Sic volo, sic jubeo, stet pro ratione voluntas. 28 The counsellor of state specially charged with the examination and prosecution of all cases con- cerning the tranquillity and internal safety of the republic, wrote to the president the same day, requesting him to send him the judgment pro- nounced that morning against the Duke d'En- ghien. (See No. 6.) The same counsellor of state also wrote a second letter, on the same day, in which he says " I am waiting for the judgment and in- terrogations of the ex-Duke d'Enghien, in order to proceed to Malmaison, to wait on the First Consul." (No. 7.) The following day Murat, who had proceed- ed from the commission at Vincennes, where he had directed the condemnation of the Duke d'Enghien, to Paris, to expedite the trial of other persons accused, who had, about the same period, been brought before the special criminal tribunal of the Seine. Murat, I say, wrote to the general who had acted as pre- sident of the commission, " My dear Hullin, " send me, I beg, a copy of the interrogatory " upon which the ci-devant Duke d'Enghien " was examined. It may be useful to citizen " Thuriot." Citizen Thuript, who was at that period preferring the charges against Pichegru and his companions ! Thus the judgment pronounced against the 29 Duke d'Enghien seems to have been remo- delled, and put into a new form, with more deliberation than at first, merely to take ad- vantage of it in another trial, and to render it more fit to be presented to the public. In fact, in the bundle of papers communi- cated to me, and from which I faithfully copied every document, independently of the original minute of the judgment, of which I have given an account in section IV, and which alone bears the signatures of all the members of the com- mission, except that of the clerk ; there was another sheet signed only by the president and reporter; and which, although entitled copy of the judgment, is, in fact, drawn up in a form totally different from that of the true minute signed by all the members. In this copy, or rather in this second judg- ment, drawn up at leisure, the Duke d'En- ghien is not only accused on the heads of in- culpation set forth in the consular decree of the 29th Ventose, but he is accused and de- clared attainted and convicted of six different crimes, amongst which there appears one of which the great soul of the Duke d'Enghien was particularly incapable, but which was chiefly relied upon for the purpose of exciting popular indignation, and giving a colour to the condemnation : the charge of being one of the 30 abettors and accomplices of the conspiracy formed by the English AGAINST THE LIFE OF THE FIRST CONSUL. Had Bonaparte listened to more generous councils, yielded to the wish expressed by the Prince, and not feared to look him in the face, he might easily have convinced himself that the descendant of the great Conde', although disposed to encounter him in the field of battle, was incapable of engaging in a plot to murder him. In the second edition of the judgment, the laws are referred to, and the blanks are filled up: it is even stated, towards the end, that judgment was pronounced in public sitting ; but even in this second copy there are still many irregularities which could not be got rid of. Thus, in this new judgment, as well as in the former, 1st. There are no witnesses against the ac- cused ; no papers in support of the charges ; the proceeding is founded solely on the an- swers contained in an interrogatory, which is void, because it does not state that the accused had it read to him. 2dly. Upon this interrogatory, judgment is given, and the Duke d'Enghien is condemned on facts and grounds which formed no part 31 either of the reference to the commission, or of the substance of this interrogatory, and could not, for the same reason, support a con- demnation. 3dly. The commission, notwithstanding the new form of the judgment, still remained in- competent, for the reasons already stated. 4thly. It still appeared that the accused had neither been assisted by counsel, nor warned to make choice of a legal advocate. 5thly. Notwithstanding the phrase public sitting, inserted at the end of the new judg- ment, it is certain that the examination and the trial were begun and ended in the course of three hours, at night, in a prison at the corner of a wood, in the absence of the public, and consequently without publicity. 6thly. In short, the tardy substitution of a second form of judgment apparently more regular than the former (although equally un- just), is no palliation of the infamy of having put the Duke d'Enghien to death by virtue of a rough draft of a judgment, hastily signed, and not even signed by all the requisite parties. At least it is to be hoped that the last wishes of the unfortunate Prince were complied with. He left some hair, a gold ring, and a letter, requesting that they might be transmitted to 2 G 32 the Princess de Rohan. By a letter amongst the papers relating to the trial, it appears only that General Hulin forwarded these sad tokens to the counsellor of state Real. What is be- come of them ? (No. 9.) Lastly. On the 22d of Germinal,* and not before, the Minister at War acknowledges hav- ing received from the general who was pre- sident of the commission, the copy of this judgment pronounced on the 30th of Ventosef, and so urgently pressed for on the following day, by Real and Murat. But some time had been requisite for settling the form of it. (No. 11.) VII. General Reflections. No glaring piece of injustice can ever be committed without trampling principles, forms, and laws under foot. Hence it is the first care of all despotic go- vernments, of those who wish to crush all who stand in their way, oppress all who displease them, and annihilate all who resist them, to sub- stitute arbitrary and precipitate measures for the salutary developement of those forms, the principal object of whose deliberate progress is * 12th April. f 21st March. 33 to give the passions time to subside, and truth an opportunity of obtaining a hearing. We never see governments or judges viola- ting forms, when the fate of a robber, a mur- derer, or a bigamist is the matter in question. The prosecution against them occupies a con- siderable time ; they are allowed the free choice of counsel and defenders; they are pa- tiently heard, calmly interrogated, and impar- tially tried ; they really enjoy the full pro- tection of the law. But in a political prosecution, all is changed. Power entrusts nothing to the laws but the care of inflicting its vengeance. It changes the order of jurisdictions ; looks out for judges de- voted to its will ; it exerts constraint or in- fluence over their consciences ; it dispenses with forms ; it shortens delays ; it asks them not for justice, but for blood ! and blood they give. Wash thy hands, Pilate ! They are stained with the blood of the innocent! Thou didst sacrifice him through weakness ; but thy guilt is no less than if thou hadst sacrificed him through malice ! Iniquitous judges of all ages, of all countries, of all governments ; all you who have had the dreadful misfortune to pass judgment without authority, without forms, and without laws ; 34 convenient instruments of the revenge of power, of the ambition of a chief, or the retaliations of a party ; may infamy pursue you throughout all future ages ! May posterity detest you as a fearful example to those who may be tempted to imitate you ! Such is the duty and interest of aft generations ! and such are my private sentiments ! HISTORICAL DOCUMENTS RELATIVE TO LOUIS ANTOINE HENRI DE BOURBON, DUKE D'ENGHIEN. CONTENTS. Page No. I. Journal of the Duke d'Enghien, from the moment of his Arrest, written by himself 39 II. The Decree consigning the Duke to a Military Com- mission 41 III. The Order containing the appointment of the Mem- bers of the Commission 42 IV. Examination of the Duke d'Enghien 43 V. Original Minute of the Judgment 47 VI. & VII. Letters of Real demanding the Judgment 49, 50 VIII. Murat's Letter to the same effect 50 IX. Real's Letter, acknowledging receipt of the Hair, the Ring, and the Letter of the Duke d'Enghien to the Princess of Rohan 50 X. Another form of Judgment 51 XI. The Minister at War acknowledges the receipt of the Copy of the above . 56 SUPPLEMENT. No. I. Letter from the First Consul to the Minister at War 57 II. Copy of the Report made by Citizen Chariot, Chief of the 38th squadron of National Gendarmerie, to General Moncey, First Inspector-general of the Gen- darmerie 59 Note. There is a Document of equal importance the proces-ierbal of the disinterment ; which, however, it has not been judged necessary to publish, for the present. HISTORICAL DOCUMENTS. No. I. JOURNAL of the DUKE D'ENGHIEN, written by himself, the Original of which was delivered to the First Consul, the 1st Germinal, year XII. Thursday, the 15th, Ettenheim. My house surrounded by a detachment of gendarmerie, dragoons, and piquets, amount- ing to about two hundred men, having two generals, the colonel of dragoons, and Colonel Chariot of the Strasburg gendarmerie at five o'clock. At half-past five, the doors forced open myself taken to the mill, near the tile-kiln my papers seized and sealed my person conveyed in a cart, between two files of fusileers, as far as the Rhine. Embark- ed for Rhisnau. Landed, and marched on foot to Pfofsheim breakfasted at the Tavern. Proceeded in a coach with Colo- nel Chariot, the quarter-master of the gendarmerie, a gend- arme on the box, and Grunstein. Arrived at Strasburg, at the house of Colonel Chariot, towards half-past five re- moved half an hour afterwards to the citadel, in a fiacre. My companions in misfortune brought from Pfofsheim to Strasburg, in a cart drawn by farmers' horses they reached the Citadel at the same time with myself. Were all set down at the house of the commanding officer, and lodged for the night in his hall, on mattrasses upon the floor. Gendarmes on guard in the adjoining room two sentinels in our apart- ment, and one at the door. Slept ill. 2 H 40 Friday, 16th. Informed that my quarters were to be changed, provisions to be at my own charge, and probably fire and fuel. General Leval, commander of the division, accompanied by General Ferion, one of those who have carried me away, came to visit me. Their behaviour very cold. I am removed to the Pavilion on the right of the Square in coming from the City. I can have communication with the apart- ments of Messieurs de Thumery, Jacques, and Schmitt, by private staircases ; but neither myself nor my people are suffered to go out : I am told, however, that I shall have permission to walk in a little garden attached to a court- yard behind the Pavilion. A guard of twelve men, with an officer, is at my door. After dinner, they separate Grun- stein from me, and place him in a solitary room on the other side of the court. This separation is a fresh ad- dition to my misery. Have written this morning to the Princess. Have sent my letter, through the commanding officer, to General Leval, but have no answer. I requested him to send one of my attendants to Est ; but every thing will, doubtless, be denied me. Extreme precautions are used on all sides lest I should communicate with any one whom- soever. Should this situation continue, I think despair will gain hold upon me. At half-past four, they come to examine my papers, which are opened in my presence by Colonel Chariot, attended by a commissary of safety. They are cursorily read, and made into separate parcels ; and I am given to understand that they are to be sent to Paris. I shall be compelled, then, to languish for weeks, perhaps months. My grief increases whilst I reflect on my cruel condition. I lay down at eleven o'clock ; am worn out, and cannot sleep. The major of this place, M. Machim, is very civil ; he comes to see me in my bed-room, and tries to console me by obliging expressions. Saturday, the 17th. I can hear nothing about my letter. I 41 tremble for the health of the Princess ; a word by my hand would relieve her. I am very wretched. I am now called on to sign the proces-verbal for the opening of my papers. I request, and am permitted to add an explanatory note, in proof that I have never had any intentions beyond acting on military service. In the evening, am told that I shall be allowed to walk in the garden, and even in the court, attended by the officer on guard, as well as my companions in misfor- tune ; and also, that my papers are despatched to Paris by a courier extraordinary. I took my supper, and went to bed more at ease. Sunday, the 18th. Am hurried away at half-past one in the morning ; they only allow me time to dress myself: I em- brace my unfortunate companions, my attendants ; I depart without them, in charge of two officers and two gendarmes. Colonel Chariot has signified to me, that we are proceeding to meet the general of division, who has received orders from Paris. Instead of this, I find a coach with six post-horses, on the Place de I'Eglise. I am placed inside it. Lieutenant Petermasin gets in by my side ; the Quarter-master Bliters- dorff on the box, with two gendarmes, one inside, the other on the outside. No. II. LIBERTY EQUALIT Y . Extract from the Register of the Resolutions of the Republican Consuls. Paris, 29th Ventose (March 20) . Twelfth Year of the Republic one and indivisible. The Government of the Republic decrees as follows: Article I. The ex-Duke d'Enghien, accused of having borne arms against the Republic, of having been and still being in the pay of England, of having participated in the 42 plots devised by the latter power against the internal and external safety of the Republic, shall be delivered up to a Military Commission, composed of seven members, named by the General, Governor of Paris, and who shall assemble at Vincennes. Article II. The Grand Judge, the Minister of War, and the General, Governor of Paris, are charged with the execu- tion of the present decree. The First Consul, (Signed) BONAPARTE. By the First Consul, (Signed) HUGUES MARET. For an authentic Copy, The General-in-Chief, Governor of Paris, (Signed) MURAT. No. III. To the Municipal Government of Paris. 29th Ventose, Year 12 of the Republic. THE GENERAL-IN-CHIEF, GOVERNOR OF PARIS. In execution of the decree of the Government, bearing date this day, importing that the ex-Duke d'Enghien shall be brought before a Military Commission, composed of seven members, to be named by the General, Governor of Paris, he has appointed and appoints, to form the said Commission, the seven military officers whose names are subjoined : General Hullin, Commander of the Foot Grenadiers of the Consular Guard, President. Colonel Guitton, Commander of the 1st regiment of Cuirassiers. Colonel Bazancourt, Commander of the 4th regiment of Light Infantry. Colonel Ravier, Commander of the 18th regiment of In- fantry of the line. 43 Colonel Barrois, Commander of the 96th regiment of the Infantry of the line. Colonel Rabbe, Commander of the 2d regiment of the Municipal Guard of Paris. Citizen Dautancourt, Major of the Light Gendarmie, who is to discharge the duties of Captain Reporter. This Commission will assemble immediately, at the Castle of Vincennes, to sit there in judgment on the accused with- out adjournment, upon the charges announced in the decree of the Government, a copy of which shall be sent to the President. J. MURAT. No. IV. 12th Year of the French Republic. This day, 29th Ventose, 12 o'clock at night, I, the Cap- tain Major of the Light Gendarmerie, went, according to the orders of the General commanding the corps, to the house of the General-in-Chief, Murat, Governor of Paris, who ordered me to proceed to the Castle of Vincennes, there to wait the farther orders of General Hullin, commanding the grenadiers of the Consular Guard. Arrived at the Castle of Vincennes, General Hullin com- municated to me, 1st, A duplicate of the decree of the Government, dated the 29th Ventose, this month, stating that the ex-Duke d'Enghien was to be brought before a military commission, composed of seven members, named by the General, Governor of Paris ; 2d, The order of the General-in-Chief, Governor of Paris, of this day, containing the nomination of the members of the military commission, in execution of the foregoing decree. These are as follows : Citizens Hullin, General of the Grenadiers of the Guard; Guitton, Colonel of the 1st Cuirassiers ; Bazancourt, Com- mander of the 4th regiment of light Infantry ; Ravier, 44 Commander of the 18th Infantry of the line; Barrois, Com- mander of the 96th ditto ; and Rabbe, Commander of the 2d regiment of the Guard of Paris. And the decree farther states, that the undersigned Captain- Major is to discharge at this military commission the duties of Captain Reporter. The same order farther states that this commission will assemble immediately at the Castle of Vin- cennes, to sit in judgment there, without adjourning, on the accused, upon the charges announced in the decree of the Government aforesaid. In execution of these arrangements, and in virtue of the orders of General Hullin, the President of the Commission, the undersigned Captain proceeded to the chamber where the Duke d'Enghien slept, accompanied by the Chief of Squadron Jacquin, of the Legion d'Elite, and the foot gendarmes of the same corps, named Lerva and Tharsis, in addition to citizen Niorot, Lieutenant in the same corps. The undersigned Captain Reporter afterwards received the following answers upon each of the interrogatories propounded, being assisted by citizen Molin, Captain in the 18th regiment, appointed clerk to the commission, by the Reporter. The accused was asked his name and surname, age, and place of birth ? He answered, that his name was Louis-Antoine-Henri de Bourbon, Duke d'Enghien, born on the 2d of August, 1772, at Chantilly. He was asked at what period he quitted France ? He answered, " I cannot say precisely ; but I think it was "on the 16th of July, 1789." That he had set out with the Prince de Conde, his grandfather, his father, the Count d'Artois, and the children of the Count d'Artois. He was asked where he had resided since his departure from France? He answered, " On leaving France I passed with my 45 " parents, whom I always followed, through Mons and Brus- " sels ; thence we went to Turin, to the King of Sardinia, " where we remained nearly 16 months." Thence, still with his parents, he went to Worms, and about the banks of the Rhine. " Afterwards the corps of Conde was formed, and " I served the whole campaign. I had before served in the " campaign of 1792 in Brabant, with the Bourbon corps and " the army of Duke Albert." He was asked where he had retired after the peace made between the French Republic and the Emperor ? He answered, " We closed the last campaign in the vicinity " of Gratz ; it was there that the corps of Conde, which was " in the pay of England, was disbanded that is to say, at " Wendisch Faestrictz, in Styria." That he afterwards re- mained for his amusement in Gratz, or the vicinity, almost eight or nine months, waiting intelligence from his grand- father, the Prince of Conde, who had gone to England, and who was to let him know the reception which that power would give him, a matter not yet certain. " In this interval " I asked permission of Cardinal de Rohan to proceed to his " country to Ettenheim, in the Brisgaw, formerly the bishop- " rick of Strasburg." That for the last two years and a half he has sojourned in that country. Since the death of the Cardinal, he has asked permission of the Elector of Baden officially, to take up his abode in this country, which has been granted to him, not being willing to remain without the Elector's consent. He was asked if he had not gone to England, and if that power did not always afford him support ? He answered, that he had never gone there ; that England always supported him, for that he had nothing to live on. He requested to add, that as the reasons which induced him to remain at Ettenheim no longer existed, he proposed to settle himself at Fribourg, in the Brisgaw, a town much 46 less agreeable than Ettenheim, where he had stayed only in expectation of the Elector allowing him the liberty of hunt- ing, of which he was very fond. He was asked if he kept up a correspondence with the French Princes in retirement in London ; if he^had seen them for some time ? He answered, that naturally he kept up a correspondence with his grandfather since he had left Vienna, where he had been to accompany him, since the disbanding of the corps ; that he equally kept up a correspondence with his father ; that he had not seen him, as well as he could recollect, since 1794 or 1795. He was asked what rank he held in the army of Conde ? He answered, Commander of the advance guard before the year 1796. Before that campaign he ranked as a volun- teer at the head-quarters of his grandfather, and always since 1796 as Commander of the vanguard; observing, that after the army of Conde marched into Russia, it was mustered into two corps, the one of infantry, and the other of dragoons, of which he was made Colonel by the Emperor ; and that it was in that capacity he joined the armies of the Rhine. He was asked if he knew General Pichegru ; if he had had any transactions with him ? He answered, "I have never, I believe, seen him. I have " not had any transactions with him. I know he wished to " see me : I take credit to myself for not having known him, " after the vile means by which they say he wished to effect " his purpose, if the fact be true." He was asked if he knew the ex-General Dumouriez, and if he had had any transactions with him ? He answered, " Not at all ; I have never seen him." He was asked if, since the peace, he had not kept up a correspondence in the interior of the republic ? 47 He answered, tl I have written to some friends, wbo are *' still attached to me, who have been in the war with me, " concerning their affairs and my own." This correspondence he was imagined to speak of rather unwillingly. These presents were thereupon drawn up and signed by the Duke d'Enghien, the Chief of Squadron Jacquin, Lieutenant Niorot, the two Gendarmes, and the Captain Reporter. " Before signing this proces verbal) I earnestly demand to " have a private audience with the First Consul. My name, " my rank, my mode of thinking, and the horror of my situa- " tion, make me hope that he will not refuse my demand." (Signed) L. A. H. DE BOURBON. And lower down, NIOROT, Lieutenant ; and JACQUIN. For an authentic copy, the Captain discharging the duties of Reporter, DAUTANCOURT, MOLIN, Captain Clerk. No. V. This day, 30th Ventose, Year XII. of the Republic. The Military Commission formed in pursuance of the de- cree of Government, bearing date the 29th inst., composed of the citizens Hulin, General Commandant of the grenadiers of the Consular Guard, President ; Guitton, Colonel of the 1st regiment of Cuirassiers ; Bazancourt, Colonel of the 4th regiment of Light Infantry; Ravier, Colonel of the 18th regiment of the line ; Barrois, Colonel of the 96th ; Rabbe, Colonel of the 2d regiment of the Paris Guard ; the Citizen Dautancourt, acting as Captain Reporter, assisted by Citizen Molin, Captain of the 18th regiment of the Infantry of the line, chosen as Clerk ; all appointed by the General- in-Chief, Governor of Paris, 48 Did assemble at the castle of Vincennes, in order to pro- nounce judgment on the quondam Duke d'Enghien, upon the charges contained in the above-mentioned decree. The President caused the accused to be brought up free, and without irons, and ordered the Captain Reporter to com- municate to him the documents in support and denial of the charge. After having read to him the decree, the President asked him the following question : Your name, age, and place of birth ? He answered, that his name was Louis Antoine Henri de Bourbon, Duke d'Enghien, born at Chantilly, Aug. 2, 1772. He asked him if he had taken up arms against France ? He answered, that he had taken part in the whole war, and that he persisted in the declaration which he had made to the Captain Reporter, and which he had signed. He more- over added, that he was ready to make war, and wished to be employed in the new war which England declared against France. He was then asked if he was yet in the maintenance of England ? He answered, yes ; that he received from that power one hundred and fifty guineas a month. The Commission, after having read to the accused their resolutions through their President, and having asked him if he wished to add any thing by way of defence, he answered that he had nothing more to say, and persisted in his decla- ration. The President caused the accused to retire : the Council deliberating with closed doors, the President collected the votes, commencing with the junior in rank, the President giving his opinion last. He was unanimously declared Guilty, and they applied to him article ... of the law of 49 conceived in these terms . . . and he was in consequence condemned to the punishment of death. It is ordered that the present judgment shall be imme- diately executed, under the direction of the Captain Reporter, after being read to the party condemned, in the presence of the different detachments of the corps of the garrison. Done, concluded, and judgment passed, without quitting the place, at Vincennes, the day, month, and year above mentioned, and duly subscribed. (Signed) P. HULIN, BAZANCOURT, RABBE, BAEROIS; DAUTAN- COURT, Reporter ; GUITTON, RAVIER. Note The minute has not the signature of the Clerk Molin. No. VI. Paris, 30th Ventose, Year XII. of the Republic, (21st March, 1804.) The Counsellor of State, especially charged with the ex- amination and prosecution of all cases affecting the tran- quillity and internal safety of the Republic, To BRIGADIER-GENERAL HULIN, commanding the Grenadiers of the Guard. GENERAL, I beg you will transmit me the judgment given this morn- ing against the e-x-Duke d'Enghien, as well as his exami- nation. I shall be obliged by your delivering them to the bearer of this letter, if possible. I have the honour to salute you, REAL. 50 No. VII. Paris, 30th Ventose, Year XII. of the Republic, The Counsellor of State, &c. To BRIGADIER-GENERAL HULIN, fyc. GENERAL, I am waiting for the judgment and examination of the ex-Duke d'Enghien, in order to proceed to Malmaison, to attend the First Consul. Have the goodness to let me know at what hour I may expect these papers. The bearer of my letter will take charge of the packet, and wait till it is ready, if the engross- ments are in a forward state. I have the honour, &c. REAL, No. VIII. From the Office of the GOVERNOR of PARIS. 1st Germittal, Year XII. of the Republic, (22d March, 1804.) THE GENERAL-IN-CHIEF, GOVERNOR .OF PARIS. Send me, I beg, my dear Hulin, a copy of the interroga- tories administered to the d-tkiant Duke d'Enghien. It may be useful to Citizen Thuriot. I salute you, MtJRAT. No. IX. Paris, 2d Germinal, Year XII. of the Republic, (23d March, 1804.) THE COUNSELLOR OF STATE, &c. &c. Has received from Brigadier-General Hulin, commanding the foot grenadiers of the Guard, a small parcel, containing 51 some hair, a gold ring, and a letter ; the packet bearing the following superscription: " To be delivered to Madame the Princess de Rohan, from the ci-dei'ant Duke d'Enghien." REAL. No. X. SPECIAL Military Commission appointed in the First Military Division, by virtue of the Decree of Government, dated 29th Ventose, year XII. of the Republic, one and indi- visible. JUDGMENT IN THE NAME OF THE FRENCH PEOPLE. This day, the 30th of Ventose, in the 12th year of the Republic, the Special Military Commission appointed in the first military division, by virtue of the decree of Govern- ment, dated the 20th of Ventose, in the year XII, composed according to the law of the 1 9th of Fructidor in the year V. of seven members, that is to say : citizens Hulin, brigadier- general commanding the foot grenadiers of the guard, presi- dent; Guiton, colonel, commanding the 1st regiment of cuirassiers ; Bazancourt, colonel, commanding the 4th regi- ment of light infantry ; Ravier, colonel, commanding the 18th regiment of infantry of the line ; Barrois, colonel, com- manding the 96th regiment of infantry of the line ; Rabbe, colonel, commanding the 2d regiment of the municipal guard of Paris ; Dautancourt, captain-major of the gendarmerie d'elite, acting as captain-reporter ; and Mollin, captain, in the 18th regiment of infantry of the line, clerk; all nominated by the General-in-chief, Murat, governor of Paris, and com- manding the first military division. Which president, members, captain-reporter, and clerk, are neither of kin nor affinity to each other, or to the accused, within the degrees prohibited by law. The commission convoked by order of the General-in-chief 52 governor of Paris, met in the castle of Vincennes, in the apartments of the governor of the place, for the purpose of trying the person named Louis Antoine Henri de Bourbon, Duke d'Enghien, born at Chantilly, on the 2d of August, 1772; height 1 metre 705 millimetres; hair and eyebrows auburn ; face oval, long, well made ; eyes grey, ap- proaching to brown ; mouth middle-sized ; nose aquiline ; chin somewhat pointed, well made. Accused, 1st, of having borne arms against the French Republic ; 2dly, of having offered his services to the English government, an enemy to the French people ; 3dly, of having received and counte- nanced agents of the said English government, of having procured them means of establishing correspondence in France, and of having conspired with them against the in- ternal and external safety of the state ; 4thly, of having placed himself at the head of an assemblage of French emi- grants and others, in the pay of England, formed on the frontiers of France, in the countries of Friburg and Baden ; 5thly, of having established an intelligence in the fortress of Strasburg, tending to excite the surrounding departments to revolt, in order to operate a diversion in favour of England ; 6thly, of being one of the abettors and accomplices of the conspiracy formed by the English against the life of the First Consul, and of having intended, in case that conspiracy had succeeded, to enter France. The sitting being opened, the president ordered the re- porter to cause all the documents to be read, as well those for the charge as those for the defence. The reading being concluded, the president ordered the guard to bring in the accused, who was introduced free and without irons before the commission. Being interrogated respect- ing his names, pre-names, age, place of birth and domi- cile, answered that his name was Louis Antoine Henri de Bourbon, Duke d'Enghien, aged 32 years, born at 53 Chantilly, near Paris, having left France on the 16th of July, 1789. After having interrogated the accused, by means of the president, on all the contents of the accusation against him ; heard the reporter's report and conclusions, and the accused in his means of defence ; after the latter had declared that he had nothing to add to his justification, the president asked the members whether they had any observations to make, and on their answering in the negative, and previously to taking their opinions, he ordered the accused to retire. The accused was reconducted to prison by his escort ; and the reporter and the clerk, as well as the citizens present in the auditory, withdrew at the request of the president. The commission deliberating with closed doors, the president put the questions as follows : Louis Antoine Henri de Bourbon, Duke d'Enghien, accused, 1st, of having borne arms against the French Republic, is he guilty ? 2dly, of having offered his services to the English government, an enemy to the French people, is he guilty ? 3dly, of having received and countenanced agents of the said English government, of having procured them means of establishing correspondences in France, and of having conspired with them against the internal and external safety of the state, is he guilty ? 4thly, of having placed himself at the head of an assemblage of French emigrants and others, in the pay of England, formed on the frontiers of France in the countries of Friburg and Baden, is he guilty? 5thly, of having' established an intelli- gence in the fortress of Strasburg, tending to excite the surrounding departments to revolt, in order to operate a diversion in favour of England, is he guilty ? 6thly, of being one of the abettors and accomplices of the conspiracy formed by the English against the life of the First Consul, and of having intended, in case that conspiracy had succeeded, to enter France, is he guilty ? The votes being separately collected on each of the above questions, beginning with the 54 junior in rank, the president having delivered his opinion last: the commission declares the person named Louis Antoine Henri de Bourbon, Duke d'Enghien, 1st, unani- mously, guilty of having borne arms against the French Re- public ; 2dly, unanimously, guilty of having offered his ser- vices to the English government, an enemy to the French na- tion ; 3dly, unanimously, guilty of having received and counte- nanced agents of the said English government, of having pro- cured them means of establishing correspondence in France, and of having conspired with them against the internal and ex- ternal safety of the state ; 4thly, unanimously, guilty of having placed himself at the head of an assemblage of French and other emigrants in the pay of England, formed on the fron- tiers of France, in the countries of Friburg and Baden ; 5th, unanimously, guilty of having established an intelligence in the fortress of Strasburg tending to excite the surround- ing departments to revolt, in order to operate a diversion in favour of England; Gthly, unanimously, guilty of being one of the abettors and accomplices of the conspiracy formed by the English against the life of the First Consul, and of having intended, in case that conspiracy had succeeded, to enter France. Upon which, the president put the question relative to the application of the punishment; the votes being again collected in the form above indicated : The special military commission unanimously condemns to the punishment of death the person named Louis Antoine Henri de Bourbon, Duke d'Enghien, in atonement of the crimes of acting as a spy, of holding correspondence with the enemies of the Republic, and of attacking the internal and external safety of the State. The said penalty pro- nounced in conformity to Articles 2, Title iv. of the Military Code of offences and punishments of the 21st Brumaire, year V; and 1st and 2d of Section II. of the 1st Title of the Ordinary Penal Code, of the 6th of October, 1791, 55 conceived as follows, that is to say: Article 2, (of the 21st Brumaire, year V.) " Every individual, whatever may be his rank, quality, or profession, convicted of acting as a spy for the enemy, shall suffer the punishment of death." Article 1st. (of the 6th of Oct. 1791.) " Every plot and en- terprise against the Republic shall be punished with death." Article 2d. (of the 6th of Oct. 1791.) " Every conspiracy and plot, tending to disturb the state by a civil war, by arming the citizens against each other, or against the exer- cise of lawful authority, shall be punished with death." Ordered that the captain-reporter do forthwith read this judgment to the condemned in presence of the guard assembled under arms. Ordered that the president and re- porter be required to send copies thereof within the term prescribed by law, to the minister at war, the grand judge minister of justice, and the general-in-chief, governor of Paris. Adjudged and registered without separation, the day, month, and year before mentioned, in public sitting ; and the members of the special military commission have signed, together with the reporter and clerk, the minute of the judg- ment. (Signed,) GUITON, BAZANCOURT, RAVIER, BARROIS, RABBE; DAUTANCOURT, Captain-Re- porter ; MOLIN, Captain Clerk, and HULLIN, President. A true The President of the Special Commission, P. HULLIN. DAUTANCOURT, Captain-Reporter. MOLIN, Captain-Clerk. 2 K 56 No. XI. Paris, 22d Germinal, year XII. of the Republic, (12th April, 1804.) The Minister at War, To GENERAL HULLIN, &c. &c. I have received, Citizen General, with your letter, a copy of the judgment pronounced the 30th of Ventose last, by a Military Commission, against the ex-Duke d'Enghien ; lor which I have to thank you. I salute you, BEHTHIER. SUPPLEMENT. EXTRACT 1'ROM THE MEMOIRS OF NAPOLEON, (Historical Miscellanies, Vol. III.) No. I. LETTER from the FIRST CONSUL to the MINISTER AT WAR. Paris, 19th Ventose, Year XII. (March 10, 1804.) You will please, Citizen General, to give orders to General Ordener, whom I place at your disposal for this purpose, to proceed post to Strasburg by night, travelling under an as- sumed name, and to see the General of the division. The object of his mission is to advance on Ettenheim, sur- round that town, and bring off from thence the Duke d'En- ghien, Dumouriez, an English colonel, and all other persons in their suite. The general of the division and the quarter- master of gendarmerie who has been to Ettenheim to re- connoitre the place, will give him all necessary information. You will direct General Ordener to send from Schelestadt 300 men of the 26th dragoons, who will repair to Rheinau, where they will arrive at eight o'clock in the evening. The commandant of the division will send fifteen pon- tooneers to Rheinau, who will likewise reach that place by eight o'clock in the evening, and who will, for that purpose, set out post, or on the horses of the light artillery. Besides the ferry-boat, he must previously have taken care that there be four or five large boats in readiness, so that three hundred horso may be carried over at a single trip. 58 The troops will take sufficient bread for four days, and provide themselves with cartridges. The General of divi- sion will add to them a captain or officer, and a lieutenant, with three or four brigades (thirty) of gendarmes. As soon as General Ordener has passed the Rhine, he will proceed straight on Ettenheim, and march directly up to the houses of the Duke and Dumouriez ; after completing this expedition, he will return to Strasburg. In passing Luneville, General Ordener will order the officer of carabineers, who commanded the depot at Etten- heim, to repair to Strasburg, there to wait for orders. General Ordener, on reaching Strasburg, will very secretly despatch two agents either civil or military, and will make arrangements with them to come to meet him. You will give orders, that on the same day, and at the same hour, 200 men of the 26th dragoons, under the com- mand of General Caulaincourt (to whom you are consequently to give the necessary orders) shall proceed to OfFenburg to surround that town and arrest the Baroness de Reich, if she has not been taken at Strasburg, and other agents of the English government; respecting whom the prefect, and citizen Mehee, now at Strasburg, will give him information. From Offenburg, General Caulaincourt will direct patroles on Ettenheim, until he learns that General Ordener has suc- ceeded. They will afford each other mutual assistance. At the same time the General of the division will send 300 cavalry to Kelh, with four pieces of light artillery, and send a post of light cavalry to Willstadt, the intermediate point between the two routes. The two generals will take care that the greatest discipline prevail, and that the troops require nothing from the inhabi- tants; for this purpose you will cause 12,000 francs to be paid them. If it should happen that they cannot accomplish their mission, but should expect to fulfil it by remaining three or 59 four days and sending out patroles, they are authorized to do so. They will inform the baillies of the two towns, that if they continue to afford an asylum to the enemies of France, they will draw heavy calamities upon themselves. You will order the commandant of Neuf Brisac to send 100 men and two pieces of cannon to the right bank. The post of Kelh, as well as those of the right bank, will be evacuated the moment the two detachments have effected their return. General Caulaincourt will have thirty gendarmes with him, and will, with General Ordener and the General of division, hold a council, and make such alterations in the present arrangements as may be deemed advisable. Should it happen that neither Dumouriez nor the Duke d'Enghien remains at Ettenheim, an extraordinary courier is to be despatched with an account of the state of affairs. You will give orders to arrest the post-master of Kelh and other individuals capable of giving information on the sub- ject. (Signed,) BONAPARTE. No. II. Copy of the REPORT made by CITIZEN CHARLOT, Chief of the thirty-eighth squadron of National Gendarmerie, to GENERAL MONCEY, first Inspector-general of the Gendar- merie. 24th Ventose, Year XII. (15th March, 1804. GENERAL, IT is now two hours since I returned into this town, from the expedition to Ettenheim in the Electorate of Baden, whence, with a detachment of gendarmerie and a party of the 22d dragoons, I have, by the orders of Generals Ordener and Fririon, brought off the persons whose names are as follow : GO Louis Antoine Henri de Bourbon, Duke d'Enghien ; General the Marquis de Thumery ; Colonel the Baron Grunstein ; Lieutenant Sclimidt ; The Abbe Wemborn, formerly proctor of the bishopric of Strasburg. The Abbe Michal, Secretary to the bishopric of Stras- burg, (beyond the Rhine,) and Secretary to the Abbe Wem- born: this latter is French, as Wemborn is The Duke d'Enghien's secretary, named Jacques. Feraud (Simon) valet de chambre to the Duke. Poulain (Pierre) servant to the Duke. Joseph Cannon, do. The General Dumouriez, who was said to reside with Colonel Grunstein, is no other than the Marquis de Thumery above mentioned, who occupied an apartment on the ground- floor, in the house inhabited by Colonel Grunstein, whom I arrested at the Duke's house, where he had slept. I am indebted to the colonel for the honour of writing to you at this moment. The Duke being informed that his lodg- ings were surrounded, seized a double-barrelled gun, and levelled it at me as I was desiring several persons who were at the Duke's windows to open the door to me, and threatening that, if they did not, I would carry off the Duke by force. Colonel Grunstein prevented him from firing by saying, " My Lord, have you involved yourself?" The latter having answered in the negative, " Well," said Grunstein, " all " resistance is useless, for we are surrounded, and I perceive " a great number of bayonets ; it appears that this is the com- " manding officer. Recollect that by killing him you would " ensure your own destruction and ours." I well remember hearing the words This is the commanding officer ; but I was far from supposing my life in such imminent danger, as the Duke has since repeatedly declared to me it was. At 61 the moment of the Duke's apprehension, I heard a cry of fire ! (a German signal.) I immediately went to the house in which I expected to arrest Dumouriez ; and on my way I heard the cry of fire! repeated in several directions. I stopped a person who was going towards the church, proba- bly to sound the tocsin ; and at the same time I satisfied the inhabitants of the place, who were running out of their houses in consternation, by saying, " It is all by your sove- reign's consent :" an assurance which I had already given to his Master of the Hunt, who had hastened to the Duke's lodgings on the first cries that were heard. On reaching the house in which I expected to.seize Dumouriez, I arrested the Marquis de Thumery. 1 found this house in a state of tran- quillity, which removed my anxiety, and invested as I had left it before 1 proceeded to the Duke's. The other arrests were effected without noise. I made enquiries to ascertain whether Dumouriez had appeared at Ettenheim, and was assured that he had not. I presume the idea of his having been there must have arisen from confounding his name with that of General Thumery. To-morrow I shall look into the papers which I have hastily brought off from the prisoners' houses, and shall then have the honour to make my report thereon to you. I cannot too highly applaud the firm and distinguished con- duct of Quarter-master Pfersdorff in this affair. He is the person whom I sent the day before to Ettenheim, and who pointed out to me the lodgings of our prisoners : he stationed all the vedettes, in my presence, at the outlets of the houses they occupied, and which he had reconnoitred the preceding day. At the moment when I was summoning the Duke to yield himself prisoner to me, Pfersdorff, at the head of several gendarmes and dragoons of the 22d regi- ment, penetrated into the house by the back part, by getting over the walls of the court-yard : these were the men per- 62 ccived by Colonel Grunstein, at sight of whom he prevented the Duke from firing at me. I solicit, General, the brevet of a lieutenant for Quarter-master PfersdorfF, for which place he was proposed at the last review of the Inspector-general Wyrion. He is in all respects fit to be promoted to that rank. Generals Ordener and Caulaincourt will mention this sub-officer to you ; and what they will say to you respecting him, leads me to hope that you will take into serious con- sideration the favour I ask of you for him. I have to add that this sub-officer has informed me that he was particularly seconded by the gendarme Henne, of the brigade of Barr. As PfersdorfF speaks several languages, I should hope his promotion would not remove him from the squadron. The Duke d'Enghien has assured me that Dumouriez has not been at Ettenheim ; that he might possibly, never- theless, have been charged to bring him instructions from England ; but that he should not have received him, because his rank did not allow of his holding communication with such people ; that he esteemed Bonaparte as a great man, but that being a prince of the house of Bourbon, he had vowed an implacable hatred against him, as well as against the French, with whom he would wage war on all occasions. He is extremely fearful of being taken to Paris ; and I believe that, in order to carry him thither, he must be very vigilantly guarded. He expects that the First Consul will confine him, and says he repents his not having fired on me, as that would have decided his fate by arms. The Chief of the 38th squadron of National Gendarmerie, (Signed,) CHARLOT. LONDON : PRINTED BY S. AND R. BENTLEY, DORSET STREET. '///,? day is published, in French and English, in Two Parts, 8ro. with three Fac- Similes, THE THIRD LIVRAISON OF NAPOLEON'S MEMOIRS, ILLUSTRATIVE of the HISTORY of EUROPE, from 1793 to 1815, DICTATED AT SAINT-HELENA, TO COUNTS MONTHOLON, BERTRAND, GOURGAUD, &c. AND PUBLISHED FROM THE ORIGINAL MANUSCRIPTS CORRECTED BY HIMSELF. N.B. The fourth and last Livraisons of this important Work are in a forward state. IT was during the years of a dreary and hopeless exile that his mind, whose element was action, whose health depended on incessant and boundless exertion, left to prey upon and eat into itself, as the rust corrodes the neg- lected or disused brand, sought to beguile the hours of sorrowful and bitter recollection, by living for a little on the past, and dictating the Memoirs of which we propose to render some account. This worlf bears impressed on it the stamp of the gigantic mind from which it emanated. It is wholly free from the usual vices of French composition ; depth, originality, com- prehensiveness, and great energy of expression, are its prominent characteris- tics. A profound and intuitive sagacity, a clear and unerring insight into human character, mental resources almost preternatural, and an incredible knowledge of the minutest details of every subject discussed, are exhibited in almost every page : nothing escapes the observation, or transcends the capacity, of the Imperial Annalist. He combines the judgment and pene- tration of Tacitus, with the prodigious versatility of Caesar, and the more enlarged views of modern pnilosophy and science ; policy, religion, war, civil administration, statistics, art, even literature, in short, whatever he touches on seems to unfold its most recondite principles to his view, and to be fully comprehended and appreciated. With these qualities, his style, clear, rapid, vigorous, admirably harmonizes, yet appears occasionally to labour under the weight and importance of the materials of which it is the vehicle : and notwithstanding the severe exclusion of every thing in the shape of ornament, there are occasional flashes of that deep intellectual eloquence which strikes like a thunderbolt into the soul, thrills into its inmost recesses, and leaves us overmastered and subdued by its sudden and irresistible impulse. It is fortunate that the impetuous exuberance of his ideas forced the Emperor to have recourse to dictation ; for, in this manner, his statements come warm and fresh from his powerful and original mind, stamped with the innate freedom, boldness, and energy of his character, and utterly divested of any symptom of painful and anxious elaboration. In the same ratio in which it increases the pleasure we derive from their perusal, this cannot fail to augment their value, as the living and veritable expression of those prodigious faculties to which all men of all countries have been compelled to render an unanimous homage. To the future historian their value is incalculable : with regard to the Memoirs themselves, no history can ever supersede them. Edinburgh Literary Miscellany. PRINTED FOR HENRY COLBURN CO. CONDUIT STREET, & M. BOSSANGE & CO. GREAT MARLBOROUGH STREET. IMPORTANT WORKS PRINTED FOR HENRY COLBURN & CO. CONDUIT-STREET. And sold by BELL and BRADFU IE, Edinburgh ; and JOHN GUMMING, Dublin. 1. MEMOIRS OF SAMUEL PEPYS, ESQ. Secretary to the Admiralty during the reigns of CHARLES II. and JAMES II. and the intimate friend of the celebrated JOHN EVELYN. Now first deci- phered from the original MSS. ; written in short-hand, and preserved in the Pepysian Library. (in the press.} The Journal commences immediately before the Restoration, when Mr. Pepys sailed with Admiral Montagu to bring over the King from Breda, and is continued almost un- interruptedly for ten years, containing much curious matter not to be found in any other history of that eventful period. Independently of the naval transactions, which are de- tailed with great exactness, the pages abound with private anecdotes of Charles II. and his Court; and Mr. Pepys' peculiar habits of observation led him generally to record the most curious characteristics of the times in which he lived. The work will be comprised in 2 vols. 4to., printed uniformly with Evelyn's Memoirs, and embellished with portraits of the Author and some of the princi- pal persons connected with the Memoirs. 2. HISTORY OF THE COMMONWEALTH OF ENGLAND: From the Commencement of the Civil War, to the Restoration of CHARLFS the SECOND By WILLIAM GODWIN. 2 vols. 8vo. 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Containing an unreserved account of his intimacy with Michael Angelo, Titian, and all the great Italian sculptors and painters of the age ; his connexions with Francis I. of France, the Emperor Charles V., Popes Clement VII. and Paul III., and many of the princes, statesmen, and ecclesiastics of that important era. Revised from the Italian, with Notes. By THOMAS ROSCOE, Esq. Third Edition, in 2 vols. Svo. with Portrait, 24s. ' Cellini was one of the most extraordinary men in an extraordinary age : his life, written by himself, is more amusing than any novel I know." Horace IValpole. 19. THE PHILOSOPHY OF MORALS : By SIR CHARLES MORGAN, M. D, &c. Author of the Philosophy of Lite, Svo. 14s. " Hitherto the march of civilization, though it has unquestionably increased the force and the enjoyment of society at large, has not been productive of a degree of indi- vidual happiness commensurate with the effort. 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This new Edition contains many valuable additions and improve- ments, and, among others, a Series of Estimates of Household Expenses, on Economical principles, adapted to Families of every description, which will, it is presumed, afford important hints and much useful information to all who are desirous of properly regu- lating their establishments, and of enjoying the greatest possible portion of the conve- niences, comforts, and elegancies of life that their respective incomes will admit of. . N. B. The Estimates separately, for general distribution, and as a Companion to the Housekeeper's Book, 2s. 30. THE ETONIAN. A SERIES OF ESSAYS, CRITICISMS, and DELINEATIONS of LIFE and MANNERS. Third Edition, in 3 vols. post 8vo. 31s. Gd. ' So much ingenuity, good taste, good sense, and good feeling, are displayed, that Eton has reason to be proud of her sons, and their labours deserve extended patronage." NewTimes. CONTENTS. The King of Clubs Rhyme and Reason The Eve of Battle A Visit to Eton On Youthful Friendship On the Practical Bathos Nicknames My Brother's Grave On Wordsworth's Poetry Yes and No A Lapland Sacrifice Thoughts on the words Turn Out Miseries of the Christmas Holidays Confession of Don Carlos Solitude in a Crowd Politeness and Politesse A Windsor Ball Sir Thomas Nesbitt's Definition of a Good Fellow Lovers' Vows Godiva, a Tale On the Practical Asyndeton On Signs A Peep into Rawsdon Court On Hair Dressing The Coliseum Biography of a Koy's Room On a Certain Age Reflections on Winter Peregrine's Scrap Book Girolamo and Sylvestra On the Approach of the Holidays A Night Adventure Castles in the Air What shall I do? Not at home On Silent Sorrow Reminiscences of my Youth Horse Paludanas Martin Sterling on Principle On Coleridge's Poetry On Charles Lamb's Poetry Le Blanc's Sober Essay on Love The Knight and the Knave Mad, quite Mad A Saturday Evening in the Country On the Writings of Montgo- mery The County Ball A Party at the Pelican The March to Moscow Visit to a Country Fair The Bogle of Anneslie The Serenade Le Blanc on Interest Tancred and Sigismunda The Lover's Song The Bachelor The Mistake ; or Sixes and Sevens Sense and Sensibility Lozell's Essay on Weathercocks Changing Quarters A Coun- try Sabbath The Tomb of Psammis Old Boots On the Divinities of the Ancients Letters from Oxford Gog, a Poem On Prejudice The Rashleigh Letter- Bag The Country Curate Michael Oakley's Objections to Wit Intellectual Liberty On the Poems of Homer, and the age in which he lived The Wedding, a Roman Tale On Etonian Poets Reflections on a Clerical Life The Bride of the Cave, a Ballad Nugse Amatorise The Hall of my Fathers On Country Church Yard Epitaphs Surly Hall Essay on Lions Ellen, a simple Tale Maimounc, a Poem Private Correspondence. sr h COUNT LAS CASES' JOURNAL OF THE CONVERSATIONS OF NAPOLEON Is now concluded, by the publication of the 1th and Sth Parts : and tlio. who havt not i/ct completed their Sets, are requested to make application to their respective Booksellers. 'he following are some of the interesting contents of these Volumes. VOL. I. PARTS 1 and 2. ABDICATION of Napoleon after the Battle of Waterloo. Embarkation on board the Bellerophon. Determination of the English Government to con- fine him at St. Helena. His Protest thereon. Voyage to St. Helena in the Northumberland. Abode at Briars. Conduct of Admiral Cockburn. Re- moval to Longwood. Decline of Napoleon's health. Conversations on Napoleon's family, education, and first years of service. His dangerous situation at different periods during the Revolution. Remarks on several of the libels published against him. Anecdotes of the expedition to Egypt. Overtures from the Bourbons to the First Consul. Refutation of the story of his poisoning the sick at Jaffa. On the Council of State, Legislative Body, and Senate. On the Empresses Josephine and Maria Louisa, the King of Rome, the Royal family of Austria, and the Emperor Alexander. Napo- leon's natural Children. The Infernal Machine. Treatment of the Spanish Princes and the Pone when detained by Napoleon. Apology for^Ney. Na- poleon's maxims ot police. His disregard of popularity. ^On Goldsmith's Secret History, and other calumnies. Napoleon learns English. On the battles of Marengo, Eylau, Jena, Austerlitz, &c. Death of Murat. State of France. Intended invasion of England. The interview of the Sovereigns at Dresden. Political confessions of Napoleon, General Bertrand, and Count Las Cases. Remarks on the French expedition into Egypt. Anecdotes of the Emperors of Austria and Russia, the Empresses of Austria and France, the King of Saxony and his family, Ferdinand VII., Joseph and Lucien Bonaparte, Eugene, Murat, Bessieres, Duroc, Augereau, Berthier, Fouche, Talleyrand, &c. Napoleon's criticisms on Racine, Corneiile, Rousseau, Madame de Stael, Madame de Sevigne', St. Pierre, &c. VOL. II. PARTS 3 and 4. Napoleon's manner of living, toilette, &c. Arrival of Sir Hudson Lowe as Governor. Declaration required from Napoleon's suite. His seclusion. The wooden palace. Vexatious conduct of the Governor. Arrival of the foreign Commissioners. Conversations on the plots against Napoleon. Georges, Cerachi, and the fanatic of Schoenbrunn. Results of the battle of Waterloo. Diplomatic characters, Pozzo di Borgo, the Duke of Bassano, Cambaceres, Lebrun, Fouche', and Talleyrand. On Napoleon's administra- tion. His proclamations to the Mahometans. Comparison of the French and English revolutions. Of Napoleon and Cromwell. On the French emigrants. The French laws on marriage. Separation of Napoleon and Josephine. The state of England. Dictionnaire des Giroueites. The Governor's restrictions on communication with the inhabitants. Napo- leon's melancholy, and alteration in health. Conversations on women. Polygamy, Military schools, and Lyceums. Religion. On the Repub- lican Directory. On English diplomacy. Lord Whitworth's misrepre- sentations Eulogiums on Cornvvallis and Fox. On St. Domingo. On the Convention. On the liberty of the press. On the affairs of Spain, the Abdications of Charles IV. and Ferdinand VII. The Peninsular war. On the conferences at Tilsit. Lord Castlereagh's misrepresen- tations respecting French heiresses. Political history of the Court of London during the emigration. On George III., the Prince of Wales, Mr. Pitt, Mr. Fox, &c. Anecdotes of the Consulship of Napoleon. Revolu- tionary Characters. Anecdotes of the Emperor Alexander, the King and Queen of Prussia, the Turkish and Persian ambassadors, Princess Stephanie of Baden, Decr^s, Junot, Murat, Lannes, Berthollet, General Paoh, Ma- daine Letitia Bonaparte, &c. Criticisms on Homer, Voltaire, Rousseau, Chateaubriand, Delille, Lacretelle, De Pradt, &c. VOL. III. PARTS 5 and 6. Observations on the Act of Parliament for Napoleon's confinement. De- tention of books, and other vexations by the Governor. Napoleon's ob- servations on the Convention of the Allies declaring him the prisoner of England. Santini prevented from assassinating the Governor. Scarcity and badness of provisions. Conversations on the works at Cherburg ; on the new plan of maritime war meditated by Napoleon. Etiquette at Longwood. Hospitals, prisons, and charitable institutions of France. The expedition to Egypt. On Cagliostro, Mesiner, Puysegur, Lavater, Gall, &c. The Empe- ror's court. Convents and clergy. Marie Antoinette. Madame Campan, Historical sketch of the emigrants at Coblentz. On the Turks, the Mame- lukes, Sweden, Gustavus IV., Bernadotte, Russia, Catherine II., the Em- peror Paul. On Napoleon's paternal mansion and vine. His nurse. Treaty of Fontainebleau. General Sarrazin. The fire of Moscow. Retreat from Russia. Napoleon's coronation. Berlin and Milan decrees. Observations on the campaign of Waterloo, dictated by Napoleon. Political defence of Napoleon. Remarks on Turenne, Cond^, and Catinat. Causes of Napo- leon's return from Egypt. Benevolent actions of Napoleon. Revolutionary massacres. Death of Louis XVI. On the policy of England, and resources for liquidating her debt. The peace of 1815. The ladies of the Tuileries. Fragment of French history by Napoleon. On Lucien Bonaparte's Charle- magne ; and literary productions of Louis ; Eliza, and Paulina Bonaparte. Account of Napoleon's return from Elba. Finances of France. Louis, and the affairs of Holland. Public works of Napoleon. On predestination. French and English codes. The Legion of Honour. Napoleon's reflections on his son, and on Austria. Character of Marie Antoinette. Anecdotes of Madame Grassini, Berthier, the Faubourg St. Germain, Madame de Stae'l, Baron Larrey, Desaix, Sir Sidney Smith, Napoleon's court, Clarke, Sieyes, &c. Critical remarks on Diderot, Laharpe, Madame de Stae'l, Beaurnar- chais, Madame de Cottin, Madame de Maintenon, Madame de Sevigne, Madame de Genlis. VOL. IV. PARTS 7 and 8. Conversations on Napoleon's views in the invasion of Russia. Official instructions respecting the restoration of the kingdom of Poland. Moral effects of the French revolution. On the treatment of French prisoners in England, and English prisoners in France. Of the English detenus. Napo- leon's great works at Antwerp, and intentions respecting that place. Mallet's plot. Eulogium on his mother, brothers, and sisters. The policy and resources of Russia. On the English East India Company. Monopolies and Free Trade. Comparison of Pitt and Fox. The Conscription. On the French navy. On placemen. The chiefs of La Vendee. Princess Charlotte of Wales. Consolidation of nations according to geographical boundaries. On the campaign of 1814, and Baron Fain's manuscript. Letter from Lord Castlereagh to Lord Bathurst on the treaty of Fontainebleau. Portraits of the English ministers. Remarks on the French ministers: on the new- French nobility. Particulars of the affair of the Duke d'Enghien. Vindi- cation of Napoleon. Rejection of proposals to assassinate the Bourbons. Numerous characteristic anecdotes of Napoleon. Anecdotes of the cour- tiers of the Tuileries Madame de Montesson of English prisoners Ma- dame de T and M. Denon Prince Leopold of Saxe Coburg Madame Recamier, Moreau, Dumouriez, Poniatowski, &c. Continued illness of Napoleon. Want of medicines. Arrival of a state bed from England. Fortifications erected by the governor about Longwood. Arrest of Count Las Cases for a clandestine attempt to forward a letter. His removal from Longwood. Seizure and examination of his papers. Correspondence with the Governor. Napoleon's farewell letter to the Count. Passage to the Cape of Good Hope. Recapitulation of the oppressive conduct of the Go- vernor towards Napoleon and his suite. Detention of Count Las Cases at the Cape. Interest excited there respecting Napoleon. Observations on the Manuscript from Saint Helena. Passage to Europe, arrival in the Thames, seizure of papers, and removal to Ostend. Persecutions in Belgium, Prus- sia, &c. Residence at Frankfort. Petition to the British Parliament, and let- ters to the Sovereigns of Austria, Russia, England and Prussia; to Madame Mere, Maria Louisa, &c. Transactions with Napoleon's family. Letters to and from Count Bertram!. Notes by Napoleon on Sir Hudson Lowe's con- duct. Death of Napoleon. Return to France. HOME USE CIRCULATION DEPARTMENT MAIN LIBRARY This book is due on the last date stamped below Renewals and recharges may be made 4 days prior to due date. AU U 7 DAYS LD21 A-40m-8,'75 (S7737L) LD 21-20m-5,'39 (9269s) YB 58313 5003 j 3 UNIVERSITY OF CALIFORNIA LIBRARY