To the appeal question, 281 ayes and 423 noes.
The third decision of the penalty was subdivided into death, imprisonment, banishment, or death, with the people allowed to reduce it to imprisonment.
All tokens of approval or displeasure were prohibited, but when a member said anything but death, murmurs arose.
Once there were groans and hisses when a member spoke for death—when Philippe Egalite cast his vote for the execution of his kinsman.
The majority for death was seven, and Vergniaud uttered the sentence with deep emotion.
It was three on the morning of the twentieth, Sunday.
The illustrious culprit was up when Malesherbes bore him the news.
"I was sure of it," he said, shaking hands with his defender. "For two days I have been trying to find if I have merited my subjects' reproach for what I have done in the course of my reign. I swear to you in all sincerity, as a man about to appear before his Maker, that I have always wished the happiness of my people, and have not framed a wish contrary to it."
The death-warrant was officially read to him, and he was allowed to choose his own confessor.