On the night of the seventeenth there arrived in Strasburg orders,
written while Bonaparte still believed the reports concerning
Dumouriez to be true, which directed the immediate removal of the
prisoners--that is, of Enghien and Dumouriez--to Paris. In pursuance
of these the duke was awakened at midnight, placed in a post-chaise,
and driven rapidly toward his destination. He arrived at eleven in the
morning of the twentieth, and was immediately taken to Vincennes. His
seizure had created the deepest sorrow and consternation in Baden, and
Massias, the French minister at Karlsruhe, not only despatched a
letter direct to Paris declaring that the duke's conduct had always
been "innocent and moderate," but went in person to notify the prefect
at Strasburg that there was neither an assembly of emigrants nor a
conspiracy at Ettenheim. Talleyrand was afterward charged by Napoleon
with having suppressed Massias's despatch; and it is not known whether
the prefect sent a report to the same effect or not.
On the twelfth, the First Consul had withdrawn to the seclusion of
Malmaison. It was evident that under the surface there were tumultuous
feelings, but in his expression there was an icy calm. At times he
recited scraps of verse on the theme of clemency, but his chief
occupation was consulting with the police agent Réal and with Savary,
his aide-de-camp. It was arranged that the castle of Vincennes should
be the prison, that the court should be military, composed of colonels
from the Paris garrison, and that the main charge against the duke
should be that he had borne arms against his country. He was to be
asked whether the plot for assassination was known to him, and if, in
case it had succeeded, he were not himself to have entered Alsace.
The court-martial was modeled on those pitiless tribunals created by
the Revolution. The statute declaring that any Frenchman taking up
arms against his country was a traitor and worthy of death had never
been repealed. The Consulate restored the activity of these military
commissions in order to tame refractory conscripts and condignly to
punish tamperers, conspirators, and spies. These courts had been
accustomed to take their cue as to severity or leniency from the
government for the time being, whatever it was. There was therefore
but little difficulty in constituting such a body expressly for the
punishment of any offender. In this instance none of the members
except the president and judge-advocate knew the station of the
accused. Préval, who had been chosen to preside, refused when he heard
the name of the prisoner, on the plea that both he and his father had
served in the royalist regiment named d'Enghien, and that he had
therefore tender memories incompatible with the service required of
him. General Hulin, an old-time Jacobin, made no excuses, and,
understanding perfectly what was expected, was invited to report the
verdict direct to the First Consul.