The voting commenced at seven o'clock in the evening of the 16th, and continued all night, and without any interruption, for twenty-four hours. All Paris was during the time in the highest state of excitement, the galleries of the Convention being crowded to suffocation. Some voted for death, others for imprisonment until peace with allied Europe, and then banishment. Others voted for death, with the restriction that the execution should be delayed. They wished to save the king, and yet feared the accusation of being Royalists if they did not vote for his death. The Jacobins all voted for death. They had accused their opponents, the Girondists, of being secretly in favor of royality, and as such had held them up to the execration of the mob. The Girondists wished to save the king. It was in their power to save him. But it required more courage, both moral and physical, than ordinary men possess, to brave the vengeance of the assassins of September who were hovering around the hall.

It was pretty well understood in the Convention that the fate of the king depended upon the Girondist vote, and it was not doubted that the party would vote as did their leader. It was a moment of fearful solemnity when Vergniaud ascended the tribune. Breathless silence pervaded the Assembly. Every eye was fixed upon him. His countenance was pallid as that of a corpse. For a moment he paused, with downcast eyes, as if hesitating to pronounce the dreadful word. Then, in a gloomy tone which thrilled the hearts of all present, he said, Death.[386] Nearly all the Girondists voted for death, with the restriction of delaying the execution. Many of the purest men in the nation thus voted, with emotions of sadness which could not be repressed. The noble Carnot gave his vote in the following terms: "Death; and never did word weigh so heavily on my heart."

When the Duke of Orleans was called, deep silence ensued. He was cousin of the king, and first prince of the blood. By birth and opulence he stood on the highest pinnacle of aristocratic supremacy. Conscious of peril, he had for a long time done every thing in his power to conciliate the mob by adopting the most radical of Jacobin opinions. The Duke, bloated with the debaucheries which had disgraced his life, ascended the steps slowly, unfolded a paper, and read in heartless tones these words:

"Solely occupied with my duty, convinced that all who have attempted, or shall attempt hereafter, the sovereignty of the people, merit death, I vote for death."

The atrocity of this act excited the abhorrence of the Assembly, and loud murmurs of disapprobation followed the prince to his seat. Even Robespierre despised his pusillanimity, and said,

"The miserable man was only required to listen to his own heart, and make himself an exception. But he would not or dare not do so. The nation would have been more magnanimous than he."[387]

At length the long scrutiny was over, and Vergniaud, who had presided, rose to announce the result. He was pale as death, and it was observed that not only his voice faltered, but that his whole frame trembled.

"Citizens," said he, "you are about to exercise a great act of justice. I hope humanity will enjoin you to keep the most perfect silence. When justice has spoken humanity ought to be listened to in its turn."

He then read the results of the vote. There were seven hundred and twenty-one voters in the Convention. Three hundred and thirty-four voted for imprisonment or exile, three hundred and eighty-seven for death, including those who voted that the execution should be delayed. Thus the majority for death was fifty-three; but as of these forty-six demanded a suspension of the execution, there remained but a majority of seven for immediate death. Having read this result, Vergniaud, in a sorrowful tone, said, "I declare, in the name of the Convention, that the punishment pronounced against Louis Capet is death."[388]