The National Register. — London, England, 1815-12-17 00:00:00

814 THE NATIONAL REGISTER. The President—You are called as to your knowledge of the facts relative to the military included in the Capitulation of Paris. Witness—The principal 'basis of the Convention was the public tramptihty, the security of Paris, the respect of persons and pro. petty. It was with a view to these objects that it was drawn up and proposed to the Generais Blucher and Wellington. There were some dien , sions on these points, but no difficulty was made relative to the 12th article which was accepted in a manner cal culated to give the most complete assurance to those compre hended under it. M. Guilcmot was called in. President —Yon are called to depose to the part you had in the capitulation of Paris relative to the military. Witness—As Chief of the Staff, I was charged with stipulating for an amnesty in tirvour of persons, whatever might be their opinions, their offices, or their conduct. This point was granted m Ahura any dispute. My orders were to break off the confer ences had any refasal been made. This article induced him to lay deem his arms. Dupin—This Convention was military. Why were Messrs. Boirrny and Bondy joined with you ? Answer—They stipulated for the civil persons as I did for the DEC. 17. may judge me. But I forbid my Counsel to speak. unless they are permitted to make use of all the means in their power. [A profound silence reigned for a short time in the Chamber.] 111. Bellart, after a conference with the King's Ministers, rose. —We have a right, and it is our duty, to refuse the captious means that have been resorted to—butsince the Marshal renounces all further defence, we renounce the right of reply. I shall now present the requisition, upon which the Chamber will retire to de liberate. The Commissioners of the King require of the Chamber of Peers, in consequence of the proofs furnished, to declare Marshal Ney guilty ; in consequence to condemn Marshal Ney to the penalty in the form prescribed by the decree of the 12th May, 1793. President—Accused, have you any thing to say on the applica tion of the penalty ?—Marshal Noy (rising and with a firm tone) — Not a word, my Lord. President—Let the accused and the au dience withdraw, the Chamber is about to deliberate. It was now five o'clock—The tribunes were evacuated, and the Peers immediately entered upon deliberation in secret. At half past eleven o'clock the sitting was made public. President— Call in the defenders of the accused. The Counsel were absent. President—The Chambor having deliberated ; considering that it results from the process and the pleadings, that Marshal Ney, Prince of the Moskwa, is convicted of having, in the night be tween the lath and 14th of March, 1815, read, on the public place, at Lons-le-Saulnier, in the department of the Jura, at the head of his army, a proclamation tending to instigate to revolt and defec tion, of having immediately issued orders for joining the enemy, and of having himself, at the head of his troops, effected that junc tion; -that he is consequently convicted of the crime of high treason, and attack on the safety of the state ; to change the form of the Government, and the legitimate order of succession to the throne ;—declares him Guilty of the crimes provided against by Articles 77, 87, 88, 102, of the Penal Code--1 and sof Title Ist of the law of the 21st Brumaire, year and of Article Ist of Title ad of the same law (These articles were here read ;) Therefore, in application of the said articles, condemns Marshal Nu, Marshal of France, Duke of Elchingen, Prince of the Moskwa, late Peer of France, to the full punishment of Death, and the ex.- pences of the trial ; Orders that th Decree shall be executed conformably to the dispositions of the law of the itth of May,1797, by the care of the King's Commissioners. President—ln the name of the Chamber, I declare that Marshal Ney, Member of the Legian of Honour , been wanting in honour, has ceased to form part pf the said Legion. Marshal Ney was not present Nvben his condemnation was pro nounced. The Secretary was charged to notify it to him.—The Marshal, upon returning to his chamber, whilst the Chamber were deliberating upon his fate, appeared to be animated and sustained by a feeling, of deep resolution. He pressed his advocate in his arms, who said to him, " You would have it." "It is all over, my dear friend," replied the Marshal, " we shall see each other again in another world." He asked for dinner, and ate with good appetite ; he thought that a small knife was the object of attention and uneasiness to the persons charged to guard him. "Do you think (he said, on looking at them) that 1 fear death ?" and then threw the knife some distance from him. After dinner he smoked a segar tranquilly ; then lay down and slept, or seemed to sleep, fora couple of hours. The Sentence is without appeal, and must be executed witbia the 21 hours. SITTING OF DEC. 6. M: Berryer now entered upon the Defence of Marshal Ncv, in the course of which, having alluded to the Convention of the third of July— The Attorney-General—l have considered it my duty to save the Council of the accused from one disgrace in au affair which is already but too diseiaceful. We are Frenchmen, and we have French laws ; and it is singular when a Frenchman is accused, that a Convention signed by English and Prussians shoold be ap pealed to. It is now clear to every one that the defenders of the accused mean to rely on this military convention, and the moment is therefore arrived for the King's Attorney-General to make a for mal opposition to such a proceeding. This military convention is the work of foreigners. It was not ratified, nor even approved, by the king. On tittle grounds and considerations the King's Commissioners re qui re.; J. For the national dignity, which would be wounded by giving any consistency to a treaty concluded by the agents of a party of rebels ; 2. From respect for the rules of criminal process, which do not permit objections to be brought forward after the investigation and pleadings are terminated ; :3. Because there exists on the subject a Decree of the Court ; That the defenders of the accused be formally interdicted from availin,, themselves of the convention of the 3d of July, and from reading it in the defence of the accused. The President—l interdict the defenders of the accused from making any use in their pleadings of the pretended convention of the Sd of July. M. Dnpin, Advocate—l desire to make a single observation in Point of fact. The Marshal is not only under the protection of the French laws, he is under the protection of the law of nations.— ( lhtrinurs.) I speak not of the convention, but of the limits traced by the treaty of the 20th November, which certainly is au act solemn and legal, which we may invoke, since it is to that we owe the happy peace we now enjoy. The treaty of the ?Oth November, in tracing a new line round France, has left on the ri,ht, Sarrebruck ' the country of the Marshal. The Marshal, Frenchman though he is in heart, is no longer so in law since the treaty. Marshal Ney, much effected and with vehemence—" Yes, I sun ;: Frenchman, awl ve ill die a Frenchman ! I beg his Excellency to hear what I have to say—[He spoi,e the rest from a paper j-- hitherto my defence has been free ; I perceive it is wished to rea der it otherwise. I thank my Counsel for what they have done and are ready to ; but I desire them rather to cease defending e at all, than to deteud me imperfectly. " I had rather not be defended at all, than have the mere sha. dow of a dutenee. " i am accused against the faith cf treaties, and they will not let nit ,justify inyy•clf. I will act like Moreau ; I appeal to Europe and to posterity' !" 'rile President—Gentlemen, defenders of the accused, continue the defence by confining yourselves within the circle marked out for you. Mar tip; ;icy- I forbid my Counacl from saying a word more. Your tixt:thei:cy will give what orders you pleast. The chamber THE EXECUTION OF MARSHAL NEY. PARIS, Dic. 8.-I'he sentence was carried into execution yes terday morning at eto minutes past nine o'clock. Marshal Ncy seemed to be in a sound sleep when the Secretary of the Chamber, M. Cauchy, repaired to him to read his sentence. Before he proceeded to read it, lif tempted to address some kind words to him to testify how paieful it was to him to be forced to discharge so sad an office. " Sit," sa.d the Marshal, stopping him, " do your duty; every one must uo his duty—read." Upon the preamble being read, he said impatiently, " to the fact, to the tact at once." When his titres were detailed, he observed, " What good can this do? Michel Ney, then a heap of dust, that is all." When M. Cauchy came to that article relating to the Succession to the Crown—" That Law," exclaimed the Marshal, " cannot be applicable to me--it is for the Imperial Family it was made.' After the reading, Cauchy said, that if in - these last moments lip wished for the consolations of religion s he might send for the Keg- ,o,