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and many hours before any one of them had reached its destination the sentence had been already executed! <
Let us see then how the case stands. Theirs* sentence orders immediate execution, but that was positively and confessedly against law; the sentence itself was, besides, signed in blank; and General Hulin asserts, that this instrument was not the real sentence; it follows, therefore, if the duke was executed under it, he was most foully murdered. But if, as General Hulin says, the second sentence was the true one, then this sentence not only does not order execution, but recognizes the 'delay allowed by law;' if, therefore, in defiance of this sentence, the duke was executed, he was most foully murdered!—and by whom ?—we can only answer, that M. Savary commanded on the fatal spot, and that the execution was performed by M. Savary's gendarmes!
We have not detailed half the monstrous defects, illegalities and violences which the legal acuteness of M. Dupin has exposed in every stage of this horrid proceeding. We have said enough (we fear too much) to prove beyond all possibility of contradiction that the duke was murdered—that all the excuses, and apologies, and alleviating circumstances subsequently made by Buonaparte were * Lies, like the father who begot them, gross—open—palpable'— and that on this, one of the most important occasions of his life, the great Napoleon had the meanness to endeavour to cloak, under the poorest pretences, the midnight.murder, which he had the villainy to commit. i. :/ <<> ..;ii- en -,i\\ ,nrriK >ilmii
8. We now arrive at the third object of M. Savary's pamphlet. —the vindication of himself. We must confess that, until we read his publication, we had no idea how deep M. Savary was in this crime—we supposed that he was a mere tool, a military automaton executing (perhaps reluctantly) the will of his master. It turns out that he was indeed a tool, but he was also something worse. The judges of the court were tools, and infamous tools; but this discussion has brought to light some circumstances which renders their conduct quite venial when compared with that of M. Savary. >u. :hki. ». <-i ■ i„ . i..!.<[f(!s<i '.pir^.i
He rests his defence on the several following statements, upon which we shall offer a few considerations :-wi >,i ;■,..-:. , ,i a
-iat.> '-.That he had no knowledge or concern in the affair,(having been but two days returned to Paris from Normandy,) till he received orders, which, as a military man, he was bound to obey.' We observe in reply, that seeing, as we have, the kind of trial Buonaparte intended, it is no proof of an honourable character to have been selected for such a duty; and as to the absence from Paris, and the supposed consequent ignorance of the whole matter, we are constrained to accuse M. Savary of a very mean equivocation —absent —absent in Normandy, indeed, he had been; but it was in following the clue of the very conspiracy, as a supposed accomplice of which the Duke was tried! •' '■
'2d. M. Savary states that he had no share in the proceedings of the military commission, which was an open court, and atwhich he was, out of mere curiosity, a silent spectator. An open' court! we echo M. Dupin's exclamation: 'an open court—at two o'clock in the-morning-—in the donjon de Vincennes—and all1'its avenues guarded by M. Savary's gensdarmes!' As Buonaparte assured us the trial was fair, Savary pledges himself that the court was open to the public, and they are * both, both honourable men.' ■ ■ •> » »■.»»:.-niii. .
J'But he took no part in the proceeding, and was a silent spectator, standing, as he tells us, behind the president's seat. The president tells us a different story;
'"That president was General Hulin—he had been a waiter at a lemonade shop; at the taking of the Bastile (or, as some say, after it) he had distinguished himself, and received a medal and the title of Vainqueur de la Bastille. He has been accused of having had no small share in the massacres of the 10th of August and the 2d of September; but of the proceedings of so obscure a person'it'is wot'ettsy to' produce any satisfactory proof, and we hope that he has none >of'that'blood to answer for. He afterwards went into■ thearmy^' and rose to some eminence, through, as it would seem, the friendship of Murat. This, and the circumstarittesniGpf totfdrmeMife; Were perhaps the causes of his being selectfefJ'fls president "of the'couit-martial; and his zeal and services on that lamentable occasion were subsequently rewarded with the important trust of succeeding Murat as Governor of Pdris.':,|On'the 'restoration he vanished from public view; and no1 Wwe^ Would have believed that the Bourbons, who neverforgetktttd never forgive, would have tolerated the presence of the mock judge of the Duke d'Enghien: we find, however, that he was residing, retired and unmolested, at Paris, when M. Savary.'«i insane pamphlet recalled him to public notice, and induced him to make some atonement to public opinion. He ha9 'published a short pamphlet, so modest, so feeling, so ingenuous, that he not only disarms our anger, but entitles himself to our commiseration. Our readers will judge of the tone of this'Workiby the introductory sentences.- - .■•.<■! -imt h>yi-f
■■' The unhappy affair* of the Duke of Enghien has cost me near/
twenty years of deepson'AWj i ..)„.;ci
'Old—stricken with blindness—retired from the world—having.<dq
consolation but in the bosom of my family—my sorrow has been ag- .
* That seems to be the fashionable word for deeds too monstrous for a distinct name,
gravated by a discussion which has re-produced, with offensive notoriety, scenes which, though never to be forgotten, were at least no longer the object of public debate.'—Erp/ic. p. 1.
Let us now see what General Hulin says of Savary, who, it will lie remembered, represents himself as standing behind the general's chair as a simple spectator. After acknowledging with great candour, and excusing, on the score of ignorance of the law and of the pressure of an overwhelming authority,* the irregularities of the proceedings, General Hulin states, that the court were so far from ordering or even expecting an immediate execution of the sentence, that, > •
'Scarcely was it signed when I began a letter to the first consul, in which I conveyed to him, in obedience to the unanimous wish of the court, the desire expressed by the prince of hn interview with the first consul, and further to conjure the first consul to remit the punishment, which the seventy of our situation iHd not permit us to elude!
'It was at this moment that A Man, (Salary) who had persisted iu*emaining in the court-room, and whom 1 should name vyithput hesitation, if I did not recollect that even in attempting a defence for rapself it dues not'become me to accuse another—"What are you doing there?" said f/<is man, coming up to me. "I am," I replied, "wrtting to the first consul, to convey to him the wish of the prisoner and'fhe recommendation of (he court."—" You have done your business," said he, taking the pen outl'of ray band, " and vhfit fbl/oxs is Mine." i'1' I*i" I nutM* V: >n«
'I confess that I thought at the moment, and so did several ot'Hif colleagues, that be meant to say that the conveying these sentiments to the first consul was his business. His answer thus understood left us still the hope that the recommendation would reach the first consul. .1, only recollect that I even at the moment felt a kind of vexation at seeing thus taken out of my hands the only agreeable circumstance of the painful situation in which I was placed.
* Indeed, how could we imagine that a person tad been placed abend ui with an order to violate all the provisions of the law?
'I was in the hall, outside the council room, conversing atout what had just occurred. Several knots of persons had got into private conversation—i was waiting for mycarriage, which not being permitted (any Took; than those of the other members) to come into the inner court of the castle, delayed my departure and theirs. We were ourselves shut in, and could not communicate with those without, (this is what M. Savary calls an open courtj when aa explosion wa$ heard—;a terrible sound struck us to the hearts and froze them with terror a^jd fright.' /'
'Yes, I swear, in the name of myself and my colleagues, that this execution was not authorized by us; our sentence directed that copies should be sent to the minister of war, the grand judge,1 and the geheraV governor of Paris. •'•' • * '•• ''•'•• '" ",:f'
• One of the phrases is remarkable. * Appointed to be judgts, we were obliged to act as jodges at the risk of being judged oursHres.'—p. 9.