On January 15, 1793, to the momentous question if the prisoner at the
bar were guilty, Condorcet answered, ‘Yes:’ he had conspired against
liberty. On the 17th and 18th the vote was taken on the nature of the
punishment to be awarded. Consider the judgment-hall filled with the
fierce faces and wild natures of men who, for centuries starved of their
liberties, had drunk the first maddening draught of power. Consider that
among them this noble alone represented a class they hated worse than
they hated royalty itself, that if he had forsworn it, broken with it,
denied it, he had still its high bearing, its maddening self-possession
and self-control. We vote for death--shall you dare to know better? An
Orleans sitteth and speaketh against his own kin; why not a noble, then,
who owes him nothing? Condorcet rises in his place and pronounces for
exile--the severest penalty in the penal code which is not death. ‘The
punishment of death is against my principles, and I shall not vote for
it. I propose further that the decision of the Convention shall be
ratified by an appeal to the people.’
On Saturday, January 19, 1793, the execution of the King having been
fixed for the Monday, Condorcet implored his colleagues to neutralise
the fatal effect of their decision on the other European Powers by
abolishing the punishment of death altogether. With the Terror then
struggling to the birth in her wild breast, one of the greatest children
of his country begged for the suppression of that penalty as the most
‘efficacious way of perfecting human-kind in destroying that leaning to
ferocity which has long dishonoured it. Punishments which admit of
correction and repentance are the only ones fit for regenerated
humanity.’
In the roar of that fierce storm of human passions, the quiet voice was
unheeded, but not unheard. There were those who looked up at the
speaker, and remembered his words--for his ruin.
How far, up to this point, Condorcet realised his danger is hard to say.
A Louis, with the fatal blindness of kingship, might believe to the last
that his person really _was_ inviolable, that from the tumbril itself
loyal hands would deliver his majesty from the insult of a malefactor’s
death. But a Condorcet?
The immediate result of his part in the King’s trial was that his name
was struck from the roll of the Academies of St. Petersburg and Berlin.
That insult touched him so little that there is not a single allusion to
it in his writings.
In the month succeeding the King’s death, a Commission of nine members
of the Convention, of whom Condorcet was one, laid before it their
project for the New Constitution of the Year II., to which Condorcet had
written an elaborate Preface. The project was not taken. Hérault de
Séchelles made a new one. In his bold and scathing criticism upon
it--his ‘Appeal to the French Citizens on the Project of the New
Constitution’--Condorcet signed his own condemnation.