The Sun. — London, England, 1815-12-13 00:00:00

TaIAL OF MARSHAL NEV. comr; Or PEERS. SITTING OF TUE 4TII Nuvr.m3m before the Court was opened, a Memorial, en titled " The Effects of the Military Convention of the 3d :July, and the Treaty of the 20th No vember, relative to the Accusation of. Marshal Nev," was distributed. They endeavoured to chew that M. Bignon, then charged with the. pOrtfolio, ot Foreign Affairs, took . part in the' negociations relailve to the surrender of Paris, and thence -de .. Anced, " that_the Stare, the Army,. and the. City -of Paris, were all parties- to the Convention." • At half-past ten the trial began. The accused was asked lii\; . nTline and quality; after which the indictment iva's . The witnesses on .. both 'siffes -leeie ' , billed over. . The Dike of ..klbutera, onea the *Witnesses fo - r Ncy, could not attend ifit.aoit`iiit-ot ill health. The, witnesses were: ordered . tt;' Marshal shall reply to all the questions addressed to me, muter the reservation of intro ducing into my defence the clauses relative to me • ,in the capitniatitin of the 3d.July; and the Treaty athe 20th of November. The King's Attorney. , ---I declare, in the name of the King's Commissioners, that I do not admit any relevancy in the means of defence which the prisoner now proposes - to adduce.; but Ido • not oppose his-producing the witnesses. . The President then put to die Marshal several ;nterrottnies-.-11c replied that he was at his tstate when he receiVed the order to proceed to Besancon, and did not know Of Buonaparte'l- hind ing till he arrived at Paris. 1-I.saw the•Ning. 4 ‘ It is said that I told thelcing,kwould bring back Buonaparte in an iron cage, ; ,..If...Lsaid so, was a foolisit thing, but l still,a,,par,donable one. It proved that I bad in my:. heart (striking his . breast) the intention of serving the King," The proclamation issued by Ney on the .14th was then read. After some further interro&ato .. Ties, the witnesses were , called support ot the charge. .THE EVIDENCE. • The Duke de - Duras deposed to Ney's audience. ---vf the King, when he said he hoped tobring back Buonaparte its an iron cage. - •,:: The Prince de Poix confirmed this deposition. Count de Scey, Prefeet . of Besancon, spoke to the loyalty of the town upon the arrival of Mar , shal Ney, who gave him orders to put aside all the motley in-the public chest... -- Marshal Ney.--I deny this. - • 1:1. de Scey.—The bond ot 'iv;otok francs sigmed . by hilt: in the War DepatTill'eupc , :f Lieut.-Gen. Count Boariliont.a;as the next %vinyls, and deposed to the folliowing effect : I have already wade at . Lillechfdeclaration ; hut the commiseration naturally attached to a great misfortune inducel me then simply•to reply to the questions put to me in virtue of the commission of examination. I lolvestice learned that Marshal Wry has asserted, that 1 t)ras•of opinion that it Was right to read the 'proclaniatiOn to the troops,. which \v is r at bons,le-Saulnier on the•l4til of ALlcch. 'lois assertion of Marshal key's af fects my honour, and Tnnipels tne to come to ex -1)111)160os. If they add any weight to the crime of which 'the Marshal is accioed, it will haVe . been his owls fault, • Up to the 14th of March, the. orders given by Marshal Ney, and by nia transinitted to the troops, appeared to the.coaforurable to the inte rests of the King. On tire morning Of the 14th, Barfin Capet, Prefect of the Ain, arrived at Loos-le-Saulnier., .11e - told nre tilt town of Bourg was insurgent : that the 68Th regiment had assumed the tri-coloured cockade, in -spite of the Cc:metal who commanded the ilepartnient; and a ttic superior officers of the regiment, ‘‘ho, up to the last moment, opposed it with all their force. .We %vent to communicate this news to the Mar s oil ; he said little to us. In the morning of the 14th, .theSth regiMent of h o rse ehasseurs having arrived, the Marshal or defect me, to draw them up in, the square-, and to put all the troops : under anus, hecause he: wished to :Teak to- them. I returned to..the Marshal's lodgings, and (icing, alone witlehiin, he said to me, Very %s ell! my dear General, you have seen these proclamations of the Emperor:, they ate • well done : they must produce :a great effect. — Without doubt, replied 1 ; care must be taken that the troops be not -allowed to read them ; there are 'phrases in them which would have great influence on the soldiers ; for instance, this one: victory marches at the charge-step. The Marshal said to me. But comrade; were you not surprised at seeing yourself deprived of one half th.e Corn of your division ? At seeing that the troops Were made to march by two battalions and three squadrons Very well the case is precisely the same throughopt ati France. All this was arranged, we were all agreed about it, three months ago. Had you been at Paris, you would have known it . as well as myself ; all the troops are disposed in their march in such a way, that they will successively arrive to escort the Em peror The Kiug must have quitted Paris if. he does not Aelit it, he will be carried off. How ever, continued the Marshal, - no harm- shall be clone to the King ; woe to who shall harm the King! He is a .:ottel - Pritiee, who never in jured any one ; woe to ,himWho'should do hint injury !• I said to the Marshal : Whatever happen, no thifig shall induce me to fight ag ainst the King. lie replied :_ I insist upon your - doing it.; I am certain that, the Emperor will_treat you well : however, you are at liberty to decide fOr your self ; it, you will not, tieueral Lecolirbe will go Neith me. _ , tjencral Lccourbe then came in : thaMarslial said to hint, I was telling.the Count ate Bourtnont that all was prepared in such a nianoer that the tro . ops 7 woultt teach the Eanpuror: the King had quitted usury; : nu itaroa was to be clone to hint; wue .to the wan who should du any he is a good, Prince, Nut, be will be sent on boartl.a ship. What now remains for us to Ito? Join 7131194a parte. - What ! said Leco , ,!rt , c, 3 hare. no reason to rally untie' that .... The King never did me l•• \ Y • any thing tut genii, anti tie other 11CriltlIg hilt: - harm. Beside, 1 have honour, and theraore will not join Bilotl49:t.‘; ; and I too,- said the - :Marshal, and thereturr. IL will join.hitu. ,Norpore .- humiliation 'for me, • I . will i not have Ty . viN. come back every nigliKwithl.eat4 in her cyes, .00' . account of ill treattistit. .At last, ,after a discussion of : about half an . , tour, he took up the ri•oelamation front the ta ‘ ble, and said, This is what taw going.to tend rte the ....••. troops. General Leconrbe and myself fe t assured, that. the troops, who hitherto mid no int,entioolof re- jitining littonapAte•,:Woutti bt...nting.lo;iltalieu t hen the Marshal- should propose. to them, to gass over to his side i': for . lie was ode oftyltse men who' inspired the soldiers with :,the gee;Atest confidence and attaelonent, , We teOlved, .therefore, to go . upon the pura4e, ict-see - iiitat 'effect it vtimitti•pro- duce. In fact, the troops •sliditted ." Five l'Ein pereur !" and iiisperseirtgeid'lrlre •ov'er;tiic town in disorder. . .. . 'I should add, that it 4ppearettlo metlie Marshal .iill'lst-,liave:lleerv.:taite, .iletertniaell:. befinretacid to take the prt,olll9onaparte; bet;auseharlAit (iota atter having read the ProclaiiiAion, he wore - on - his breist - the -plate" of the Legion of 4 9 i-Kii.r, - 1 whit- an eagle, and, besides.„ the ‘ great decorgion , with the•clligy tf thionaparte. , As ate'Marshal tail hardly pretend that he broilOit thiS tq LOps-i: le-Sauliiia fw MI,: - King's service ; it JUUSI, be evi-! dent that lte,lta . d decided beforehand. The President.—Prisoner, have you any Obser-! rations to wake ? _ 'Marshal Ney, with warnith.—lt wonld aPpear that Count liourunine has karited hiS thethe ex mutely well. He probably - _imagined that. we should never see one" another anti: that t should be disirosed of with the .sa.ate. raPiditY Labedoyere. '1 have no oratorical talents, but I speak the truth. It is unfortunate for toe .that Lecoitibe is mit !Wm: but 1 , appeal to hint:in a higher place than: this, before God, who hears us. These Gentlemen, -Lecourhe and Bourmont; stood opposite to me; I said to General Konronint, " I invite you,'in the name of honour", to state what you think ot this proclatnation;'' . Gen - . Bourmont, without any preface, took up the proclamation, and said, " Marshal, you may rend this to the troops." (1-Icre Geri. Bout mtint.fliade a sign 'with , his hand that the assertion was.falsej ' ; ,,Crieneral Lecourbe merely said, " There have Wag, been rumours of ail Ois." If Ih. 13uurmont'. ,: had thought that iny conduct was criminal or he 'et Uhl, on • leaving my house, hate posted agnard at:-the door and .made me his prisoner : I was quite almre—l had not even a,s,,addle lui6e to save niyself,—M. Bourmont canui at),(l dined with ine the same day, with the superior . Officers.; It Mast he. at:know ledwd :that I wirsigrave ttni.silent at It is nsnal S.4li occasions to give toasts ; I said no- Abougll the - re• Was much gaiety at table. I bid these ‘gentl-Men good • atternooni-and shut myself upi ittylioW;e. This. A Peer.-- -I ask ot the prisoner, ,tlie nitrites of the emissaries who came to hint tin the part ot Buonaparto • -Marshal Ney.:l will implipte no_ope. • The late Genet al Lecoorbe's depositiOn was rta - d,' and •it corresponded tritli that ot NI. de ' Tlic - rest of the evideoce of) v<lcited to the decoration,' Ole Eagle wh'cii the Marshal, - wore on the 11th Hach,, and to the'llisjio6itioti of t h e i str o v s. Ajottrif„d till to-morrow. SECOI).DAY. SITTING OF TkIE STO DECEMBER. S t! ve r al witnesses deposed to 'Ole c(ildliet of Newest Landau, •v!iicii had not then hoisted the tri•colottred flag, .b ! tt that Ney caused it to be hoisted. " _ . 4atavdi deposed that lie first, On, the 7th March, Infor►ned Ncv of Buonaparfe's landing. Tl►c Marshal said, 6 ! Oh 1 . uiy God,. what a'inis fortnne !" ' • _ • • The ll,ike de Mailic sp . oke 'to the loyal , conclact of Nev on the 9th of - • _ . , _ . . . Another witness, to laic fleelarinc , on the 12th that . I.3tionaparte was a:. ltis i t nhin,_ '. _ • -Lientenant-Genertl.Coiitivile.ildelet . wa,s called, and declared that lie served under.the'Manshal's ~. • . , itirderS. . . _ The Peesident invited gin to~wive lris deposition upon the facts of the a.censation: Witness.—What facts'? those contained in , Che accusa . , tion, and . ‘vhielt thay. ke.per4op:al The Witness deposed, that hp has receiyed but,, one letter from the accused, 0-P tiny -where the- ips,Oreetion had brukeu out, and where it vas impossible to stop ,There Was 2i had spirit in all the troops - ;- eveirthe Gen dartnerie was hadi M. Berryer requested the Presi4nt. to :ask the witness What was the political - situation of hi's .cummand, and of that of Marshal Ney.. Witness.—The insurrection of: buoitapar te:s_ partisans was 'general, and the minnrity of good servants of the King was evident. - was the samein the country parts;which,openly announe ed the intention of joining Btionaparee.... M. Berryer.—Do you tainli Marshal . Ney, with the forces ho 4 bad, Could have suceessitilly opposed the progress of Buonaparte ? , Witness.—No : with the four incomplete regi ments he had it was not-pmsible.•. -His Excellency MarShalDavoust was now ed in. . . I. Derryer.—Marshal Davotist, Prince of Eck'- mull; was charged by the COminisSiim of the Pro-.' visional Government to stipulate the Convention of the 3d July. lle may! have important recol lections on that head. 'the Prince of Ecktuuhl the night of. the 2d July all was peepared fur lighang ; *the eont. 7 mission , had sent . . an 'order to come to an wttler;• , standing with . the Allied Generals; tiring , had• - at. ready begun ; I sent to the advanced- posts to stop. the effusion Of blood; the 'Cornmission'had re mitted the project of a convention ; I added .to it all that related to the demarcation of . . the njili tary added: to it artiele..s relative to the satety,of'.persOns • and property, and :I specially charged , the .Counni‘sioners to. break. oft the -con ferences if thOse dispositions were not rat died. intreltt Excellency to state where - ‘ver.y the heaa . 2quarters of the 1- plies: The Priuce. 7 —Mauhal. Blucher WAS. at St. • • Coml. t the Duke of Wellington . was, 1 think, at Gotiesse. lie had repaired. to St. Cloud, ‘vhenAie; ,was infOrtned of the.confereuees. It was thtilei . theConveutioo was signed. • at ~ Berryer asked the Prince if the Convention! 10 :not been gr . anted'in the manner in whieb it Wds.4manded for • the advantage of Paris, what were, his hopes, resistance •Therrinee.--4 had 25,000 cavalry, and from 4 fei 500 pieces of cannon ; and if the French had been quick in flying, they had been quick in rally iog under the walls of Paris. -M. Berryer, beg the Prince •to _state, what ..etas the sense which be and the Provisional 60, , vernmeut. - atttrOted to the 12th .• M. •Bellart (the Attorney -General),, s —%- . The King's Cononissioners object to this indiscreet queStion. -The discussion, 1 see it well, will turn upon the capitulation. Imit . the act exists as it ~ exists.- The -opinion of the Prince cannot change: it. An. Act cannot he altered by declarations. Marshal Ney.--The declaration was so protect s: ., lag that it was upon that I relied. Wit hon t is it,to be believed tliat would not have pr%firted ~ dying sword in hand ?• it is in contradictO to ,this •capitnation that I was arrested, antlic, was . utm .the faith of it that I remained in Franceni:l President.--The meaning of the Cttpitulattota ms to he.found in the document itself. The opinion which. each individual may - have of its sense, is of no impOrtance: (4 - the discretionary power conferred upon me, I decide the question • shall not be hilt. • • • • Count Bondy,, formerly Prefect of the Seine , was the 35th witness. The President.—You -are called as to your knoWtedge of the facts relative to the military in eluded in the Capitulation of Paris. Witness.r.--The principal basis of the Conven tion was the . public tranqiiillity, the seeurity of Paris, the respect of persons and pronertsl was with e. view. to these objects that it was`ileaWO tip and proposed to the Generals BlireEte and ,Wellington. There were sonic discttsstotts on these points, bwt no difficulty was made relating. to the .12th article, which wa, accepted in a Oman ner' calculated to give the most complete assjiraliCC to those coniprehended under it. A.Peer.-1 beg the President to ask the 'Prince of - Eckinulli and 1I.• Bondy so state On their ho nour, whether they that immediat'ely after the Capitulation it was in the power of the .King to enter his capital, because if it was . not, he could not have entered in virtue of .the•Capitula don, and in that case cannot be botoulloa Another Peer.--This is not the period ior .con sidering that question ; it ought to he postponed for another tune and . another place. ; Such yteS tions ought not to be agitated:Jo a - public sitting. Guiletninot, the 36th witness, was,oalleci-lii. President.—You are called into. depose t 011 5 .4 part you had in the capitulation of P . cryis to the military: , - Witnes.---As Chief of the Staff, I w-as s lehaVed,' .s with stipidating,tor an amnesty ill f avour of pei sons, - whatever ruight be their op pions; theii; or: flees, or their conduct. This point was granted without any dispute. orders were to - break otf the conferenees had any refusal been made. "I his article induced him to lay dowu his. arms. M. Dupin.—This Convention .Was military. W 1 y %%Tye Messrs.. Boigmmy and Bondy joined With yoo • Answer.—They stipulated for the civil persons as I did for the Military. The evidence being closed, the Attorney-Ge neral, M. Bellart, addressed the Chamber to the following effect : .‘•! When, in the depth or deserts, - formerly etiter-. ed by populous cities, time traveller, conducted by : curiosity, perceives the sari remains of thefeelen. orated monuments constructed in remote ages , , in the false hope•of escaping the scythe of time, and which are now only shapeless ruins of fleeting dust, he cannot avoid feeling a' profound metan enoly on thinking on - what becomes of human . pride and its works. • Flow much more cruel is it then, foe lihn who loves inankiod, to see the ruins of a great' dory fallen into disgrace by its own fault, and which took pains to tarnish,• qty crimes, the honours - . with 'Which it was before surrounded ? • - - When this misfortune .grrives, we are' instinc tively indigtiant at the caprices of fortune, and we would wish, by an ametiecting sort of contra diction, to coninite to: honour thatwhich once 'Shone with such brilliant itestre, and, at the same to detest and de,Spise that ,which caused such frightful evils. . , i • Such is the . tWo . -foldimpresion which hii"Nta jesty's Commissioners confess they feel on the or opisiop of thisileptorable trial. th Goif i that we , could reaoguise two distinct peis'i)ns in', the accused! 'That, liimever, is ~impossible.- ' 'He .who for a time : had covered himself with military glory is the who has' become the most•guilty i I of citizens. IYhat signifies to the.Coinitry his fa tal gray, which he has entirely' extinguished by a treason,. follawed--hy a catastrOp.heto_ba r r, um , happy country, on Which, even now - , we _hardly dare to rest our attention ? He hai clone the State service : it was he, also, who contributed the most, powerfully to its destruction. There is no thing which-can extenuate a crime of this nature. There is no feeling thatought not to give plaCe to the horror which such an enormity inspire. . Brutus' forgot that he was 'a father, ir} Orde . r to, see nothing but his country. The sacrificeliat, a ,father made to his country, which was revolting to theleelings of. nature, the Government, which is the protector of the public safety, is much more hound to make, in spite of the murmurs of an old admiration which had been mistaken in its object,. The facts to which' your particular, attention is called, untoroinately for the accused, unite a gt,:at simplicity' with an entire proof. I shall run over them rapidly, without observations ; and such is their nature, that, from a rapid expos, the most imposing mass of charges will result. I am ready to give hint this advantage on the present discussion. All that he has not confessed in the amplest manner, we consent to abandon. It is from -hiS own words, and his own confessions, that we are content to demand of you to judge the accusation and the accused. (The Ati.orney-‘ General here rapidly retraced the events which. took place since ,the ith of and noticed 6ei:ercas concession which had been auaCle cf nntexarnining into the circumstsuces ?receding theluight of tae 13th ) --i?li6ute are to believe him, he had not even (brill' "ectAtis .decision on that fatal night ; the had taken tolue time to deliberate, as ii to deliberate in such circumstances was not the commencement of crime ! ' lie calls General Lecourbe and General Boor' moot ; be consults them. Those two Generals endeavoured to dissuade him, but could not succeed. 'You remember the contradiction which he .gavil to General l3ourmont. You remember the Solenni tone-with 'which he appealed, to the declaratioll of General Lecourbe. lle has said, "libov 6 where we shall all meet, T w ill not fear to call ore 'his testimony:7 • . . 1 'ell ! this testimony was reduced to writing; it has appeared ; you have seen, that General Loe' courbe agreed with General BOttrinont.: Getters!' .:Lecourbe declares that he 'made refleations to 11 1 . -Marshal on the part which be had taken. But there are still other witnesses who confiro ,Abe veracity of .11.1, de .BourmOnt. There exist vell ,m9terial proofs. •If 11, - de Bourmont had had th e tli4ayalty to advise him to march in a perfirlio° 9 course, how . did it happen that they separated ?-", How did. it happen ,that hours after, Gese ll 1-1-beratoot qu'jtted Marshal Ney Why slid slut Ney himself, five nays after i - comprebendt big faithful friend, this devoted confidant, in the orde f of arrestation %illicit he signed on the Ifftli ? If they had been agreed, the Marshal would ovn' have prothuldated- the order to arrest M. tie Bou t wont _wherever be was to•be met witl.:. 7 ; - , However' that-: May be, 'on'the Morning of tilts 14th, at General in Chief, a Marshal of Fnioceici r , vexed with the favours of his King,: who.receia` so important a proof of his kindness, caused g 9 insidious proclamation to be reatito the troops' he excites his wh6le army to a perfilEduS step, t° a base desertion :' be causes it to pass . overJo ranks of the Usurper,- whoin he bad..promised z o bring alive in an iron cage. Whatever explanation may :be given 'such 11 fl action, the existence-of iris sufficient to coo 3r tote a crime.• . The accused has Said that he s'ufferwl hiinself° be carried away by - an invincible torrent. • , u Iron have not :feirgottem deposition, 041 ' 4 penetrated rye with respect :-- a deposition, strell that if the success of the charge depended.on - Ong - questions to.. the witness, I do n0t.1.0 01- ,.. these' questions would not have died upon my' The first Aid-de-Camp of Itte Marshal hes -t° ~yot, with a piety that could not have escaped y0t.,1 that baying long served under the eyes of l' , l"r si ?,. o Ney, owing bins great gratitude, and his et' t ,l,. affection, he arrived on the 14th at Lons -le-S°4l pier. He dined with his General ; .bite not h e 4,... able to anprove of his conduct, he feigned 40'04 itesS, and retired. Have you entirely appr eei ' l os i.. The language 'of honour breathed in such a deli ` . bolt. t heta 'The Aid-de-Camp retired : what was tb e ii i 4 have prevented the General from at le:is t t e e t e r what his Aid-de-Camp was elide to do ? such - seducer was not able to draw-olVtreat Aid-de-Camp : lie never hesitated . )lotyield to the influence of his Chief ; a tul i i ",„111t , Marshal Ney the power, in the night ft .° “ s I3ih to. the 14th,..t0 resist the sogg"ti(ll, sc g sttaugers Ile did not imitate tile exalter by a simple officer. ,40 Let . the Marshal no longer speak of the d°"7,o there might be in endeavouring to r estrili a , 0 army. Danger, however imoliaent it waY bc o no excuse for a French soldier. St Shall I speak to you of that order a orr e . th fal sued by - the Marshal against officers and 11'040 functionaries, in which ordee be coutpletteersis General Lecourbe, Count de nourmont, Ge o o l, Delort and Jarry, Messieurs dennetiere, P ur oo Dubarel, Comte de Scey, and M.:Clouet, Aide-de-Camp. lam far from wishing to make Aeltitilec• c btca against Marshal Ney, of all posterior act 4 l a ts cf , were the necessary consequences of the ' l ' s committed by him on the 14th. fo ot , Once he committed that act, once Ire'lt.'" „ t tcr ed his resolution irrevocably, it becamea 1.1t.' • of necessity to. him to continue to march 11 paths of rebellion. . cir ri " Whatever may become of the vestion L • t of -• meditation, nevertheless, it is certain, wge3„st terwards the Marshal gave himself up to th e . of Buonaparte with an entire derotion' he f e d' As soon as lie had rejoined him at . Pari s, ses ceived a mission to examine' all the fortre s ii , de ..the North. There, - in eyety place, be I . _,°" ii „er; Glared' his sentiments in favour of the Vs big 1 1 0 tof not content with speaking of his fidelity d; t he person, and of propagating disloyalty tatt y wa ke legitimate sovereign, he alloWed himself iost t iro g I use of the most outrageous expression s a King. o f VW It must be confessed, that into this se t nan aer; son he has thrown a great frankness . 0 . 1 , 1 i - didt,,‘" for long after this time, he took deliAtt i t ' oi.loc" itig biunselLin similar effusions atr,ait7st the , who had honoured hint with his confide.teg', ft I S , I shall here conclude my first s tatemeo re i i ib t '' because t feel the most profinnid convictie;otiff • it is impossible to say any thing which ee' e l ien to Marshal Ney : it is because I am unable it b ri/4 conjecture ,what arguments his defender 0 forward. • • Cot tns lam ignorant, of what palliatives the 3 O O, for the Marshal will bring forward, to en t i c , t oi to explain an action that is, in its nature,lloo plicable, and on which I could have wisb et er ielp the accused had. spoken with an entire sit ) - c w eicit and a contempt for that species of c hicane , Ati o has been used, both on account o f the i“:cief that he has filled in the world, and the ehg':- that he has formerly displayed. yid" I wait for the observations: that shall be op and 1 think were can be none which, will not ltd t n i t l i e t o p f riv a i t l t eg e e as o v f ce e l p u i t y a i t t i l o g a . . r After a few observations from the dc.ent the accused, the Sitting day. shall then delve was adjourned to the l' ---- TAIRD DA I'. SITTING OF DECEMBER 6. '° f M. Bauer now entered upon the Dere° t h e MarshAl Nil , . He expressed his gratitude te 12;:i,ng for allowing, a free and public trial,t°