Life of Napoleon Bonaparte, Volume III.Scott, Walter
History
Life of Napoleon Bonaparte, Volume III.
Scott, Walter
France -- History -- 1789-1815; Napoleon I, Emperor of the French, 1769-1821
It is an easy task to show, that even according to the law of France,
jealous and severe as it was in its application to such subjects, there
existed no right to take the life of the duke. It is true he was an
emigrant, and the law denounced the penalty of death against such of
these as should return to France with arms in their hands. But the duke
did not so return--nay, his returning at all was not an act of his own,
but the consequence of violence exercised on his person. He was in a
more favourable case than even those emigrants whom storms had cast on
their native shore, and whom Buonaparte himself considered as objects of
pity, not of punishment. He had indeed borne arms against France; but as
a member of the House of Bourbon, he was not, and could not be
accounted, a subject of Buonaparte, having left the country before his
name was heard of; nor could he be considered as in contumacy against
the state of France, for he, like the rest of the royal family, was
specially excluded from the benefits of the amnesty which invited the
return of the less distinguished emigrants. The act by which he was
trepanned, and brought within the compass of French power, not of French
law, was as much a violation of the rights of nations, as the
precipitation with which the pretended trial followed the arrest, and
the execution the trial, was an outrage upon humanity. On the trial no
witnesses were produced, nor did any investigation take place, saving by
the interrogation of the prisoner. Whatever points of accusation,
therefore, are not established by the admission of the duke himself,
must be considered as totally unproved. Yet this unconscientious
tribunal not only found their prisoner guilty of having borne arms
against the Republic, which he readily admitted, but of having placed
himself at the head of a party of French emigrants in the pay of
England, and carried on machinations for surprising the city of
Strasburg; charges which he himself positively denied, and which were
supported by no proof whatever.
Public-domain text, read in full here on John Shaqi.
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