M. Lebardi. There is a great variety of opinions in this Affembly, relative to the conduct of Louis XVI. but there is one truth which we all ought to recognize, and that is, that his judgement ought to be fanctioned by the people. M. Denou prefented a series of questions to be decided upon by the Convention. M. Louvett withed to know, previous to his pafting fentence on Louis XVI. whether there was to be an appeal to the Primary Affemblies? Cambercères, Gaudet, and Quenette, argued on the mode of decifion. The Prefident then fummed up what had been faid by the various members, and put the question twice without effect. The nominal appeal was then called for; and, after much noise, riot, and confusion, it was decided, that the following order should be obferved relative to the questions about to be difcuffed: 1. Is Louis guilty? 2. Shall the judgement be fubmitted to the fanétion of the people? 3. What punishinent fhall be inflicted upon him? Jan. 15. A profound filence having taken place, M. Manuel read the first question with an audible voice: "Is Louis guilty of a confpiracy against the Liberty of the Nation, and the fafety of the State ?" The object of deliberation being thus fixed, Salles, another of the fecretaries, commenced the Nominal Appeal. Each member in his turn afcended the tribune, and expreffed his opinion by saying Yes or No. At the fame time, his declaration was registered exactly opposite his name, in order that printed lifts might be made qut, and tranfmitted to the 84 departments. The Nominal Appeal being finished, the prefident examined the regifter, and made the following report: "Of 745 members that form the Convention, 693 have voted for the affirmative, 26 are abfent upon public bufinefs, 26 have made different declarations-but not a fingle perfon has voted for the negative." We shall here repeat the obfervations of fome of those who did not decide directly on the question: M. Rouxet I cannot divide my opinion: I think that Louis and his family ought to be confined during the present war, unless some extraordinary circumftance occurs. M. Waudelincour (a bishop). My holy functions do not permit me to pronounce in criminal matters. M. Lalande (a bishop). I am exactly in the fame predicament. M. Offin. I declare Louis guilty; and I beg leave to obferve, that although he affert ed, through the medium of his defender, that the Body Guard was only paid up to January 1792, yet they actually received their ap pointments until the middle of July in that year. M. Conté. I vote in the affirmative, as a legiflator-but, as a judge, I have not any thing to say. M. Noel. I cannot vote at all, because I have loft a fon during a war that Louis has raised up against my country. MM, Fauchet, Dubois, Dubain, Lariviere, and Doucée, faid, they were intimately convinced of the guilt of Louis Capet; but they could not vote, on account of the manner in which the questions had been put. M. Chambon. Louis is guilty-but this vote is conditional; that is, if you appeal to the people. MM, Girouett and Baraillon begged leave to be excufed from giving their opinion, M. Egalit, Louis Capet is guilty! The prefident, at the clofe of the Nominal Appeal, arose, and, taking off his hat, fpoke as follows: "I hereby declare, that the National Convention has found Louis Capet guilty of a Confpiracy against the liberty of the Nation, and the fafety of the State," A fecretary now read the fecond question: "Shall the decree relative to the fate of Louis Capet bé fubmitted to the judgement of the people?" During the fecond Nominal Appeal, all the members in fucceffion afcended the tribune. Thofe, who voted for the appeal to the peoplc, declared themselves fwayed by a refpect to the nation. The advocates for a final fentence declared themselves fwayed by the dread of tumults in the Primary Affemblies, M. Roberfpierre. I vote that the fentence of Louis Capet be decided by the Convention. M. Manuel. I fee legiflators, but no judges, in this Affembly. I appeal to the people. I was fhocked to obferve Philip Egalité, a relation of the late King, deciding upon his guilt. Philip Egalité. I thought of my duty, and of nothing elfe, when I declared Louis Caper guilty. I now vote that his judgement be not fubmitted to the people. M. Camel Defmoulins. The King of P. was formerly purchased by Ruffia; and I am afraid that fome perfons here are purchased by England and Holland. I vote for a final decifion. This member was inftantly called to order, and cenfured by the prefident. M. Dufraulx, An appeal to the people. (This member having been infulted by a Itranger on going out, the latter was inftantly arrested.) M. Pons. I have altered my opinion-I now vote against the appeal. M. Barbaroux. I alfo with the appeal to the people, and that because it has been repulfed by Philip d'Orleans, I vote for this alfo, because I dread left an ufurper should fucceed a tyrant. M. Chambon. I appeal to the people, be cause I behold a powerful faction, in the midst of whom is Philip d'Orleans. The Prefident having examined the Regifter, the refult of the fcrunity was proclaim ed as follows: 283 480 197 For an appeal to the people Against an appeal to the people Majority for final judgement The Prefident, taking off his hat, then faid, "I do hereby declare, in the name of the Convention, that the decree concerning the punishment of Louis Capet fhall not be referred to the fanction of the people." Jan. 17. Continuation of the Appeal Nominal for declaring the Punifoment to be inflicted upon Louis XVI. M. Yabeau. It is repugnant to my nature to pronounce fentence of death against a fellow-creature. It is now my confolation, that I pronounce it upon a Tyrant! 7. B. Lacoste. A living tyrant is the beacon of our enemies. His death will terminate all our troubles and divifions, give peace to the Republic, and deftroy the growth of prejudice. I vote for death. Manuel. We talk of the Romans-let us imitate them. I vote that Louis be imprifoned during the war, and expelled on the return of peace. Robert. 1 vote for Death! Ah! could we but as eafily difpofe of all Tyrants! Heron. 1f the majority ordain banishment, I fhall move that the ftatue of Junius Brutus be erected. My fentence is, Death. Sillery. I vote for the detention, and not the death, of Louis, as I am convinced, that in that cafe it will be impoffible to re-establish Royalty. Lafource. Let Louis die; but recollect that you will merit the opprobrium of pofterity if you do not fmite the firft ambitious man who pretends to fucceed him. the Tyrants of Europe, who defire the punishment of the ci-devant King, in order to excite the hatred and indignation of mankind against the National Convention. But, as the Affembly has thought proper to reject the Appeal to the People, I now am of opinion, that the fole mode of avoiding the dangers which at prefent menace us, is to pronounce the fentence of death against Louis, and to defer the execution of it until that moment when the people shall have fanc tioned the Conftitution which we are about to fubmit to their acceptance. As long as my life is preferved, I shall la. bour for the maintenance of that order, without which the Republic will never be confidered as any thing else than-a Band of Robbers. I declare, that we have not any thing to dread from Kings and their fatellites; and I beg leave to add, that, if we do not put an end to that diforganizing system which lifts its audacious head among us, the Republic is loft. I repeat it once more; I vote for the death of Louis, and the fufpenfion of that execution until the fanction of the Conftitution. Thomas Paine did not vote, but fent his opi nion to the President, which was, That Louis Capet should be banished, but not till the end of the war, during which time he should be kept imprisoned. The Prefident having announced that he was about to declare the refult of the scrutiny, a profound filence enfired, and he then gave in the following declaration: That, out of 721 votes, 366 were for death, 319 for imprisonment during the war, two for per petual imprisonment, eight for a fufpenfion of the execution of the fentence of death till after the expulfion of the family of the Bourbons, twenty-three were for not putting him to death, unless the French territory was invaded by any foreign power; and one was for death, but with commutation of punishment. Ifnard. I faid, in the Legislative Affembly, that, if I commanded the thunder, I fhould overwhelm the firft man who dared to attempt the liberty of my country. I now vote for the death of Louis; but, as his brothers are not lefs guilty than himself, I demand that they may be tried within twenty-four hours" after his demife, and executed in effigy. Goupilleaux. I vote for inftant death. Laknal. A Republican fpeaks but little [placing his band upon bis breaft-Death! Barbaroux. I now vote for the death of the Tyrant, and fall foon move the expulfion of all his family. M. Ducos. The forms of the proceeding have been extraordinary, and fo has been the occafion; were they employed against an individual, 1 thould denounce them to mankind. I confent to the death of Louis. Ruffet. It were to have been wifhed, that the punishment to be inflicted upon Louis had been pronounced by the people; this would have afforded the fureft means of acquiring the approbation of neighbouring nations, and alfo of defeating the projects of After this enumeration, the prefident took off his hat, and, lowering his voice, said: In confequence of this, I declare, that the punishment, pronounced by the National Convention against Louis Capet, is Death!" Previous to the paffing of the fentence, the prefident announced, on the part of the Foreign Minister, a letter from the Spanish Minister relative to that fentence: the Couvention, however, unanimously refused to hear it. The three defenders of Louis Capet were then admitted to the bar. One of them, Defeze, faid, "Citizens, Representatives, the law and decrees have entrusted to us the facred func tion of the defence of Louis. We come, with regret, to prefent to you the last act of our function. Louis has given to us his exprefs charge to read to you a letter figned with his own land, of which the following is a copy: Letter Letter from Louis. "I owe to my own honour, I owe to my family, not to fubfcribe to a fentence which declares me guilty of a crime of which I cannot accufe my felf. In confequence, I appeal to the Nation, from the fentence of its reprefentatives; and I commit, by these prefents, to the fidelity of my defenders, to make known to the National Convention this appeal by all the means in their power, and to demand, that mention of it be made in the minutes of their fittings. (Signed) "LOUIS." M. Defeze then prayed the National Convention, in the name of his colleagues, to confider by what a fmall majority the punifhment of death was pronounced against Louis. Do not afflict France, added this refpectable citizen, by a judgement that will appear to her to be terrible, when five voices only were thought fufficient to carry it. He invoked eternal justice, and facred humanity, to determine the Convention to refer their judgement to the tribunal of the people. We declare, faid M. Tronchet, that it is in conceivable that the greatest number of voters have invoked the Penal Code to justify their judgement, and that they have forgot the humanity of the law in favour of the accufed. They have forgot that the law requires twothirds of the voices for the decision. M. Malesherbes demanded of the Affembly to give him till to-morrow, to make fuch reflections as crowded upon his imagination. After the defenders of Louis had finished their obfervations, they were invited to the honours of the fitting. M.Roberfpierre oppofed the inferting, in the procès verbal, the appeal to the people demanded by Louis. He demanded that fuch an appeal be declared contrary to the principles of public juftice, and an invafion of the authority of the National Convention, and that those ought to be confidered as confpirators who thought otherwife. M. Guadet was alfo against the appeal to the people; but he demanded an adjourn ment till after M. Malefberbe had been heard upon the question to be confidered, whether it is for the intereft of the French people, that the execution of the judgement pronounced against Louis ought to be delayed, or accelerated? The previous question rejected the appeal to the people, and the obfervations to be made by M. Malefherbes; and it was decreed, that the National Convention thould examine, whether the National intereft did, or did not, require an arrest of judgement upon the execution of the fenterice pronounced againit Louis. Thus, after 36 hours, the fitting was fi nifhed--a fitting that the latest polterity will never forget. Jan. 23 Accounts were read from Confantinople, itating, that the French in that capital had met in one of its fauxbourgs, and formed themselves into Primary Affemblies, to deliberate on the affairs of France. The Convention, in confequence, appointed citìzen Francis Frenton to be their ambaffador at the Ottoman Court, instead of Choifeul Gouffier. Jan. 24. A deputation of federates denounced the gambling-houses and brothels in Paris, and demanded vengeance against the affaffin of Michael le Pelletier. Referred to the Committee of General Safety. Jan. 25. The family of the late Michael Pelletier appeared at the bar. One of the brothers of the deceased, after presenting an only child to the Convention, addressed them as follows: "The daughter of Michael Pelletier now teftifies to you and the French nation her fincere thanks for that eternity of glory with which you encircled the manes of her father yesterday;" placing the child upon a table, he continued: "Niece, behold your father 1-People, behold your daughter!" Loud and uninterrupted acclamations took place, and feveral members thed tears. M. Barrere moved, That the Convention fhould enact a law in favour of adoption, and give the first example of it, by adopting the daughter of the late Michael le Pelletier. This propofition was inftantly and unanimoufly converted into a decree. And it was alfo enacted: 1. That a premium be given to the artist who fhall prefent the best picture of the death of Pelletier to the National Legiflature of France.-2. That a fecond premium shall be offered for his portrait, in order to be hung up in the hall of the Convention.-3. That the fpeech pronounced by his brother, and the procès verbal of the proceedings of the Convention, relative to his funeral, fhall be printed, and transmitted to all the departments. The Affembly then paffed the following decree: 1. The pay of the failors, of marine officers, quarter-mafters, cannoneers, carpenters, caulkers, and fail-makers, shall be augmented 6ve livres a month.-2. The Minifter of the Marine thall augment the number of the companies of the infantry and artillery of the Marines to 134 men each; he fhall augment the number of fubaltern officers by two ferjeants and four corporals to each company.- 3. Thefe troops shall be recruited in the fame manner as the infantry of the line, for the fame time, and under the fame conditions; and all the laws for regulating the troops of the line thall be common to the marine troops. Fo be continued.) The The object, it begins, of all union of men in fociety being the m.interning of natural, civil, and politica', rights, these rights ought to be the bafis of the focial compact acknowledgement and declaren of them ought to precede the conftitution which affures the guarantee of them. (Then follows the declaration of the patural, political, and civil, rights of inan.) After the recognition of these rights, on which the Government is founded, the French nation is declared to form one indivifible Republic. The divifion into departments is retained; each department is divided into communes or districts, and each commune into municipal fections and primary affemblies. Primary Aemblies. In the primary aflemblies, every man aged 21 years has a right to vote, provided that his name is infcribed on the Civic Table, and that he shall have refided one year in France. The primary affemblies fhall be fo diftri. buted in each department, that none fhall confift of less than 409, or more than 900 members; in each of these a felect committee is to be chofen by ballot, confifting of as many members as there are fifties of citizens in the Affembly. In this committee, he who has the majority of votes fhall be prefident of the affembly; the three next on the lift fhall be fecretaries. The duty of the felect committee is to keep the records, and to arrange and fubinit the bufinefs to the Atiembly. All elections are to be carried on in those affemblies. The intermediate, or electorial, affemblies, have no place in this code. The elections are to be made by what is called a double fcrutiny; each gives a figned lift of candidates equal to the number of places to be filled. Thete bulletins, or lifts, of prefentation, as they are termed, are sent to the adminiftration of each department. They felect a triple number of thofe candidates who have mort votes, and from thefe 'fent Back to the primary atfemblies; a definitive election is made, each citizen giving in, as before, a figned lift of the candidates to whom he gives his preference. In the deliberations of thefe affemblies, the fame mode is to be followed as in the elections. The question is to be thaped fo as to be answered by a fimple negative or affirmative. On the day appointed for the decifion, each citizen gives in a bulletin, or flip of paper, infcribed with his name, and the word yes or no. I hefe are to be tranfmitted from the district to the department where the general refult is to be afcertained. Adminiftrative Balies. There that be in each department, an administrative council of 18 members; and, in each district, an administration of 12 members, with fubordinate agencies. The former are to centroul the revenue, and to II. There shall be, 1. A minister of legislation. 3. A minifter for foreign affairs. 6. A minifter of agriculture, commerce, and manufactures. 7. A minister of works, aids, public ~ftablishments, and arts. 111. Each of the minifters fhall alternately prefide in the executive council, and the prefident fhall be changed every fifteen days.To this council it belongs to execute all the laws and all the decrees paffed by the leg flative body. The minifiers are to be chofen in the primary affemblies, and in the manner before defcribed -Eight fuppléans, or fubftitutes, are to be chofen at the fame time. The members of the council are to be choten for two years. The half shall be renewed every year; but they may be reelected The executive council are accountable to, and cannot be members of, the legislative body They have no controul over the national treaftry, which is to be directed by three committioners appointed for that purpofe, and elected in the fame manner. Two hundred members are to be chofe in the legiflative body, of whom a jury of feven is to audit each account. Legiflative Body." the propofition, they are to addrefs the people of other affemblies, and the wifh of the department, thus collected, is to be tranfmitted to and decided upon by the members of the legiflative body. The citizens fhall likewife have the right to demand an enquiry into the conduct of public functionaries, in cafe of an abufe of power and violations of the law. A Carvention. A convention is to be fummoned whenever any change is to be made in the legislative body. In the twentieth year after paffing of the conftitutional code, a convention thall be called to revife and improve. The convention cannot hold its fittings within fifty leagues of the legislative body. It shall be formed of two members from each department Administration of Justice. In the civil as well as the criminal code, the trial by jury is to be established. The jurors as well as judges are to be elected. The former to be taken one from every hundred ciuzens. The jury to confist of a director, a reporter, a national commiffioner, and a number of jurymen to be specified. The punishment of death is abolithed for all private offences. There are to be two juries, whose functions correfpond with thofe of the grand and petty juries in the English constitution. Judicial cenfors are to be appointed to travel at fixed periods, and to try all queftions of appeal. A national jury, confifting of three jurors from each department, is to try all questions of high treafon. The arreft and detention of an individual are qualified by a number of minute regu lations, highly favourable to perfonal liberty. The liberty of the prefs is declared to be indefinite. None can be judged either civilly or criminally, on account of writings printed or published, except it shall have been recognized and declared by a jury, ift. whether there is any criminality in the writing denounced; 2dly, whether the perfon profe cuted is guilty of it. Public Force. The forces of the Republic are placed under the controul of the executive council. The public force is declared to be eflentially obedient, as no armed body can deliberate. The commanders in chief are to have annual and revocable commitlion from the executive council. The commanders of the national guards shall be elected annually by the citizens in each diftrict. Public Contributions. The public contributions ought never to exceed the exigencies of the ftate. There cannot be established any contribution, which by its nature or by its mode of exaction ought to be injurious to the free difpofal of property, to the progress of induftry and of commerce, to the circulation of capitals, or might produce the violation of the rights recognized and declared by the Conftitution. The amount fhall be fixed each year by the legislative body, and cannot exceed that term. They are to be published annually. Relation to Foreign Powers. The French will only take up arms for the fake of their liberty. It renounces all acceifion of territory, unlefs by the with, freely expreffed, of its inhabitants. The declaration of war thall be made by the leg.flative body; treaties of peace, commerce, and alliance, thall be made by the executive council, and ratified by the legiflative body, &c. Prefented by the members forming the committee of conftitution. Bartere, brillot, Condorcet, Danton, FOREIGN INTELLIGENCE. Cagliari, Jan. 21. A French thip of the line and a bomb-ketch appeared before the land of St. Peter, which was immediately furrendered, the Commandment having previously retired to this place with a detachment of 8co men, and tuch provifions as they could bring with them, and fpiked the cannon they left behind. The French have also taken the land of Antioch. Yesterday the French fleet, confifting of 19 fhips of the line, anchored in this harbour. The Admiral fent a detachment of 20 men on thore with the National Flag, and an Officer, who demanded the furrender of the place; but the Lieutenant of the Port cautioned them not to advance; and when they arrived near the Pratick Houfe, the Sardes killed the drummer and 16 others; the reft returned to the ship. It is expected that the town will be bombarded this morning. The Sardinian Mountaineers difplayed the moft aftonithing intrepidity against the . French fquadron in their attack on the city of Cagliari. Scarce a man who attempted to land from the French thips escaped without being wounded; and their lof, is affirmed to be 6 o men. Admiral Truguet had, it feems, made certain of the conqueft of Sardinia, and transports were actually in waiting to carry off the contents of the granaries, which are abundantly filled on this ifland. The French fleet is much in want of provi fons. Padua, Jan. 29. A number of Students, followed by a concourfe of people, planted the Tree of Liberty in the fquare of this University, hoifted the three-coloured flag, danced the cormagnole, and fang sa ira The Government wanted til the mob ditperfed, and then cut down the Tree of Liberty, and apprehended the ringleaders. Venice, |