But to proceed—The judges were moved by the conduct of the prisoner, and inclined to listen to his request of an audience of the Chief Consul. But Savary, then minister of police, had by this time introduced himself into the chamber, and watched the course of procedure from behind the chair of the president. He now leaned forward, and whispered into Hullin’s ear, “this would be inopportune.”—These significant words were obeyed. The court pronounced the duke guilty of the capital crimes of having fought against the Republic; of having intrigued with England; of having maintained intelligence with Strasburg, with the view of seizing that place; and of having conspired against the life of the Chief Consul. The prisoner, being remanded to his confinement, the report was instantly forwarded to Buonaparte, with a request that his further pleasure might be made known.
The court remained sitting until their messenger returned: he brought back their own letter with these words inscribed on it, “Condemned to death.” The prisoner being called in again, heard his sentence with perfect composure. He requested the attendance of a confessor, and was answered,—“Would you die like a monk?” Without noticing this brutality he knelt for a moment, as in prayer, and rising, said, “Let us go.”
He was immediately led down a winding stair by torch-light; and, conceiving that he was descending into some subterraneous dungeon, said to one of the soldiers of the escort, “Am I to be immured in an oubliette?” “Monseigneur,” the man replied, sobbing, “be tranquil on that point.” They emerged from a postern into the ditch of the castle, where a party of gens-d’armes d’elite were drawn up, Savary, their master, standing on the parapet over them. It was now six o’clock in the morning, and the gray light of the dawn was mingled with the gleam of torches. The prince refused to have his eyes bandaged—the word was given, and he fell. The body, dressed as it was, was immediately thrown into a grave—which had been prepared beforehand; at least, so say all the witnesses, except M. Savary.
To resume our notice of the mere informalities of the procedure:—1. The sentence was altogether unsupported by the evidence, except as to the mere fact of D’Enghien’s having borne arms against France; but this could be no crime in him: he owed no allegiance to the French government; on the contrary, he and all his family had been expressly excepted from every act of amnesty to emigrants, and thereby constituted aliens. 2. The execution took place immediately after the sentence was pronounced; this is contrary to the laws of all civilised nations, and in direct contradiction to an article in the French code then in force, which gave twenty-four hours to every prisoner convicted by a court-martial, that he might, if he chose, appeal from their sentence. But, 3rdly, the publications (long afterwards extorted) of Savary and Hullin, prove that the court, perplexed