Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-07-10
I'd his legitlmate sov.r.

| K ng, becaus. the fidelity which. the king
has right to expect from a subj CT, does
not depend on any cxpi adhesion which
the subject may have given to his govern
mert. You need not, il o,der TO fix your
opinion, take the trouble 10 examine the
treaty of Fontainbleau of 1914, because
| treaties, the object OF whis is but TO re-
| gulate the respective interests OF nations
and soycrcigns. neither destroy, nor in any
case, alter the relations that exist betwecr,
! an individual and his country, between q
| subject and a monarch. Ncr have vcu To
enquire, whether in March, ISIS, general
Bertrand was still Frenchman or net, be-
| Cause IN n.ither hypothesis WAS he at iber-
| ty to take up arms against France. | am
not unmndsul. gentle men, that on this floor,
| contrary doctrine has been professcd /;
! tina. III trial analogous co the present, it
| has been said that the existence az tie
crime deficnded entirely on the qualify of
Frenchmsn. Egregous error, and in CT
feet suAversve OF all society. 1t appears
| that the error obtained, i'll app lying the pro-
visions of the civil code to an o, Ger of things
bearing no relation to them from an idea
| that Frenchman who should take service
IN foreign country, without au thoiity,
became denatiOnalized. and released by the
code, from his ties to France and that thus
expatriated, h might take up arms aga inst
her, and march under the banners Of his
adopted country, to attack 1nd assist 10
ensl2vc her.
You must perceive the consequences Of
sucn a system you see that it implies
corporal impuni.y precisely to the first of
the acts which constitute the crime, to an
unauthorized acceptance Of any function
whatever under foreign government -
thus 1t would only be necessary for any re-.
three
power to which he should have fed in or
der to exempt himselffrcm the cognizance
OF the French tribunals, and from the Pun
lshment tor treason, if he should be taken.
Thence It would follow, that we are free
to turn our arms against our fellow coun-
tIymeu we should have no other prscau-
lions to take, but to shelter ourselves from
al Criminal prosecution, to forfeit cur rights
OF citizenship, by accepting service of To-
reign power with which France might ul,-
timately be at war. And if we 90 back to
ancient times, Bayard was wrong, when in
ms dying moments. he menaced, with the
Punshm mt due to traitors, that constable
whose detection was so fara, to us--that
constable would have had nothing to fear
he had accepted a command n the armies
OF foreigners; an imperial Commission sery-
ca INN as an @gs against TIL action of the
French laws.
We al know. gentlemen. tli1t the code
only considers the effect of expatriatisn in
regard to our civil rights and laws of
aAoeNer order, remind US of the obligations
we are under 10 cur native COUNTRY. even
after we may have abandoned it.
Is there any one who can be ignorant of
that first rue OF common law, that we are
never at liberty to take up arms against
our country and our sovereign And is il
IN France, that this principle can be lost
sight OF in France, where the tribunals for
several years past. punish cap;talsy whoev-
err. although established in a foreign coun-
try by permission, shall not return, atrhe
first signal of hostility between that country
and ours>
II, contrary to all appearance, the French
generals, VINO accompanied Bonaparte, re-
manned ignorant of the first notions of com.
mon law, as well as of the positive Iawsof
their country if they believed that they
could, without becoming criminal. consent
to an enterprise against France ought
not their eyes to have been opened by the
ordinance OF The 9th of March, 13f5s
1 nat ordiRance which was applauded by
both the Chambers, and by the nation at
large, which announced to them that thoSc
whom Bonaparte had seduced to folloy
him, we're traitors and rebels, must have
got to their knowledge by The 10th March,
the moment of their entry into LIONS
that must have dsslp sted tbs error they
might have been under s,r.ii then. II. re-
gard to their posiii-n--Xet, how did thew
treat it did they advance one step to-
wards the way Of safety, which it opened
to theai did they profit of the delay il
granted them to abandon the colors of tie
usurper No and aft r 50 obstinately Der.
s'stlng in the crime, shall the accused Der
trand be q clared not guilty, and will ven
acqnii him upon his intentions III q ,nbt
not that your judgment, dictated by your
conscien1es.wil make known to all France.
that judges who remain faithful to their
duty, will never absolve in any instance the
Frenchman who has bore arms against his
Country, and his legitimate sovereign.
And who would dare, gentlemen. thiS
day to demand of your justice a Judgment Of
ahsolution in case where there is uuest;o,
Of an attack wilfuily made aga ,nst orr conn
try, and our monarch, of an attempt which,
su.ia~ed all the accompices OF BonaDa,te.
tore gners or natves--an attempt which
ought to have turned against its rebsi
authors, the arms Of the whole popula-
ton.
/ conclude that Henri Gratien bertrand
lieutenant general, be declared guilty 1s,
OF having borne arms against France "a
Ot having co-operated in an attempt IN
destroy the government, and the order If
succession to the throne, crimes prov,d..I
ouairet hv tbss -Ss,, oil ciz.f. 49,