The New York herald., 1873-12-27
THE SENTENCE ON MARSHAL BAZAINE
DEGRADATION. FINE AND DEATH.
Bazaine the ScaPegoat
of France.
The Prisoners Own Opinion on
the Verdict.
PARIS. Dec. u, is7s.

The sentence OF death pronounced on Marshal
Bazaine has taken Frenchmen by surprise, not be-
cause the sentence Is felt to be undeser ved DuJ
because 1t was thought that the judges would
hardly have the moral courage to mete out such
stern Justice. There were SO many political con-
sideratlons which seemed to shield the prisoner
1t was so difficult to convict him without estab-
fishing the principle that soldier Is bound to obey
any committee Of insurgents who may seize upon
the government-that people were persuaded the
court martial would return verdict not wholly
excupatory but acquitting the prisoner the
graver count OF treason The judges have had the
honesty and also the good sense to ignore these
collateral issues and to confne themselves solely
to the facts laid before them. They probably per-
ceved that n Bazane's refusal to acknowledge and
cooperate with the government OF the national
defence were approved o precedent far graver
than that OF passive obedience to rebellion would
be set up-namely, the precedent that general
has the right to import politics into the discharge
OF his military duties The question stood thus
The people Of Paris on the 4th September 1870,
overturned the imperial government, the Empress
and her Ministers fed. and new government,
composed OF republican barristers and Journalists,
was Installed by popular acclamation, though not
by formal vote. This government Marshal
Bazaine, besieged in Metz, refused to recognize.
He contended that the Emperor, or, falling the
Emperor, the Empress Regent, was alone qualified
to give him orders, and when NJ Gambetta sent
him dispatches from Tours to apprise HIM that
armies were being formed on the Loire to relieve
Paris he treated these communications as so much
waste paper. He did more; for, acting on his own
responsibility, he entered into negotiations with
the German armies, and offered to sign peace
in the name Of France. TO award the Ger
mans Q war indemnity OF &so.0oo,0o0,
and then to march on to Paris and
by German help subdue what ne called "the insur-
rectionary government and army Of the capital"
Now. II Bazaine were justified in this strange con-
duct then every general would henceforth be en-
titled to oppose, by armed force, any government
that was not 10 his liking, and he might further
claim to say that he and mis- soldiers alone repre-
sented the nation and had right to treat with
foreign Powers This would have brought France
to state OF things identical with that which pre-
vailed in Spain when Espartero, Narvaez, O'Don-
nell and Prim, turn by turn, started q prOnuncia-
mento and kept the country in permanent state
OF civil war or going urther back into history, 1t
would have revived those sanguinary days OF Rome
in her decline when the prHtoran legions coz
stituted themselves electors OF Caesars ana raised
one popular general after another to the imperial
purple, only to cast him down again when these
ephemerai and vicious rulers had no more money
to fling away. Uc '0..tta t.0 I'll .Ga4
l THE MEANING OF THE VERDICT ON BAzAINE. isr
The judges have steered clear, Of dangerous
rock, and the gratitude both OF their contempo-
rares and OF posterlty viii requite them. Bazaine
not only lost Metz; hts conduct caused the whole
war to turn against France, for mad he cOoperated
with the Loire army-had he resisted but fort
night longer in Metz-the Germans must have
raised the siege Of Paris This they own them
selves 1t WAS only owing to the capitulation or
Metz, which enabled them to bring 100000 men
more round Paris, that they were In position to
continue the siege 80 long, and therefore Bazaine
may be held responsible Tor the fall OF Paris for the
loss of two provinces and for the indemnity Of
5000 200 francs. This is, in effect the meaning
Of the verdict returned against him The indict-
ment contained four counts on all Of which the
prisoner was unanimously found guilty ao
Ftrst-For having capitulated while his army
had still ammunition and provisions enough to
prolong the struggle with the enemy.
iSec0nd-For having signed capitulatiOn which
obliged his soldiers to surrender their arms.
7ntrd-For having entered into negotiations
with the enemy before he had done all that honor
and duty dictated with a view to defending his
country.
del on the same terms as his capituation OF the
army aforesaid; that Is, without having fulfilled
the laws OF honor and military duty.
There were subsidiary counts charging the pris-
oner-Flrst, with treason felony in having con-
spired for the furtherance of his personal ambi.
tion; second, with having, from motives OF servile
complacency towards the enemy given up 81
regimental standards instead Of burning them
and third, with falsehood, fraud and cowarAice;
but all these lesser counts are involved In the first
four In consequence
THE SENTENCE
is that Francois Achille Bazaine shall
Frst-suaer the penalty Of military degrade.
md hn at trnck nT f1a ro c NJ
Second-lhat he be likewise struck of the rolls
Of the Legion OF Honor and forfeit the insignia OF
Thtrd-That he shall be shot. fse .atf Mad 4
Fourth--That the expenses Of the trial shall be
paid for cut oil his private fortune. Eta tsit l.
M3 THE CONDEMNED MAN. sHte
This is the most terrible sentence that can be
pronounced against soldier 1t was read out at
hallpast nine in the evening by the Duke Of Au-
male President OF the Court, the prisoner being
absent the while. according TO the French custom.
When the sentence had been delivered the judges
retired and the Court was cleared, None were Al
lowed to remain but the soldiers on guard, 9 com.
pany OF sendarmea drawn up pnaey arms 10 the
aody or the Court and 81 = -
= : v.erK Of the Arraigns.
Then Bazaine was relntroduced. and according 70
a repor: furnished me by the oficer in command OF
the gendarmes what happened was this = Bazaine
stepped hastily up to the ledge OF the dock, and
perceivIng from the solemn faces OF the soldiers
that the verdict had gone against him he turned
deadly pale and sank down In chair. Colonel
viilette. his custodian, took him by the arm and,
to rise. The Clerk read the sentence amid pro-
found stiffness, but when he came to
brandisned MS hands, and exclaimed IN extreme
excitement .It's an infamyl am being sacri-
feed, There is not one or those generals who
would not have done as did," Again Colonel
villette entreated the prisoner to be calm, but
Bazatne continued with q growing agitation that
bordered on frenzy :-"soders this comes OF having
done my duty faithfully for two and forty years
Some OF you must have served under me- Did
| ever act ike coward or traitor 7" 1t was q
Qhastly scene. The soldiers stood immovably pre-.
| senting arms, not to the prisoner. who was no
| longer an oillcer but TO the document which the
| Clerk was holding, and several OF them appeared
| horror stricken. The Clerk proceeded, however.