A nation has the power, but never the right, to alienate its sovereignty, either in whole or in part, by delegating it to a hereditary family. Such an alienation, imposed amid the violence of conquest, borne out of habits of thought, or consented to in a moment of public aberration, binds neither the present generation nor those to come. Accordingly, the Constitution of 1791 being virtually null in fact, Louis Capet could not invoke the protection of that Constitution, which guaranteed the inviolability of the royal person, and limited his punishment to deposition in a few specified cases. Louis XVI was, then, legally brought to trial. By reconquering its full sovereignty on the 10th of August, the nation invested the Convention with the powers necessary for judging the one-time King. His crimes were notorious and flagrant; their penalty was written in the books of the law, equally for all citizens; he must, then, undergo the penalty for his misdeeds.
I, John Lebrenn, add here some further passages from my diary, relating to the trial, judgment and execution of Louis Capet.
JANUARY 15, 1793.—Having heard the defense submitted by Deseze, one of the attorneys for Louis XVI, the Convention put to a vote this first question:
"Is Louis Capet guilty of conspiracy against liberty and the nation, and of assault on the general safety of the State?"
The Assembly contained seven hundred and forty-nine members.
Six hundred and eighty-three replied:
"Yes, the accused is guilty."
The roll-call being completed, the president of the Assembly announced the decision:
"In the name of the French people, the National Convention declares Louis Capet guilty of conspiracy against liberty and the nation, and of assault on the general safety of the State."
The second question was: