It results clearly from one of Bailly's publications, from his answers to the questions put to him by the President of the Revolutionary Tribunal, from the writings of the day:
That the Mayor of Paris gave no order for the troops to be collected on the 17th of July; that he had had no conference on that day with the military authority; that if any arrangements, culpable and contrary to law were adopted, as to the situation of the cavalry, of the red flag, and of the Municipal Body, in the column marching on the Champ de Mars, they could not without injustice be imputed to him; that Bailly was not aware of the National Guard having loaded their muskets with ball before quitting the square of the Hôtel de Ville; that he was not aware even of the existence of the red flag, with whose small dimensions he had been so severely reproached; that the National Guard fired without his order; that he made every effort to stop the firing, to stop the pursuit, and make the soldiers resume their ranks; that he congratulated the troops of the line, who under the command of Hulin, entered by the gate of l'Ecole Militaire, and not only did not fire, but tore many of the unfortunate people from the hands of the National Guard, whose exasperation amounted to delirium. In short, it might he asked, relative to any want of exactness attributable to Bailly in that unfortunate affair, whether it was just to impute it to him who, in his letters to Voltaire on the origin of the sciences, wrote as follows in 1776:
"I am unfortunately short-sighted. I am often humiliated in the open country. Whilst I with difficulty can distinguish a house at the distance of a hundred paces, my friends relate to me what they see at the distance of five or six hundred. I open my eyes, I fatigue myself without seeing any thing, and I am sometimes inclined to think that they amuse themselves at my expense."
You begin to see, Gentlemen, the advantage that a firm and able lawyer might have drawn from the authentic facts that I have just been relating. But Bailly knew the pretended jury before whom he had to appear. This jury was not a collection of drunken cobblers, whatever some passionate writers may have asserted; it was worse than that, Gentlemen, notwithstanding the deservedly celebrated names that were occasionally interspersed among them: it was—let us cut the subject short—an odious, commission.
The very circumscribed list from which chance in 1793 and 1794 drew the juries of the Revolutionary Tribunals, did not embrace, as the sacred word jury seems to imply, all one class of citizens. The authorities formed it, after a prefatory and very minute inquiry, of their adherents only. The unfortunate defendants were thus judged not by impartial persons free from any preconceived system, but by political enemies, which is as much as to say, by that which is the most cruel and remorseless in the world.
Bailly would not be defended. After his appearance as a witness in the trial of Marie Antoinette, the ex-Mayor only wrote and had printed for circulation, a paper entitled Bailly to his fellow-citizens. It closes with these affecting words:
"I have only gained by the Revolution that which my fellow-citizens have gained: liberty and equality. I have lost by it some useful situations, and my fortune is nearly destroyed. I could be happy with what remains of it to me and a clear conscience; but to be happy in the repose of my retreat, I require, my dear fellow-citizens, your esteem: I know well that, sooner or later, you will do me justice; but I require it while I live, and while I am yet amongst you."
Our colleague was unanimously condemned. We should despair of the future, unless such a unanimity struck all friends of justice and humanity with stupor, if it did not increase the number of decided adversaries to all political tribunals.
When the President of the Tribunal interrogated the accused, already declared guilty, as to whether he had any reclamations to make relative to the execution of the sentence, Bailly answered:
"I have always carried out the law; I shall know how to submit myself to it, since you are its organ."