The counsel of Louis XVI., who, during the progress of the vote, had urged permission to speak, but were refused, were now introduced. In the name of the king, Deséze appealed to the people from the judgment of the Convention. He urged the appeal from the very small majority which had decided the penalty. Tronchet urged that the penal code required a vote of two thirds to consign one to punishment, and that the king ought not to be deprived of a privilege which every subject enjoyed. Malesherbes endeavored to speak, but was so overcome with emotion that, violently sobbing, he was unable to continue his speech, and was compelled to sit down. His gray hairs and his tears so moved the Assembly that Vergniaud rose, and, addressing the Assembly, said, "Will you decree the honors of the sitting to the defenders of Louis XVI.?" The unanimous response was, "Yes, yes."
It was now late at night, and the Convention adjourned. The whole of the 18th and the 19th were occupied in discussing the question of the appeal to the people. On the 20th, at three o'clock in the morning, the final vote was taken. Three hundred and ten voted to sustain the appeal; three hundred and eighty for immediate death. All the efforts to save the king were now exhausted, and his fate was sealed. A deputation was immediately appointed, headed by Garat, Minister of Justice, to acquaint Louis XVI. with the decree of the Convention.
At two o'clock in the afternoon of the 20th, Louis heard the noise of a numerous party ascending the steps of the tower. As they entered his apartment he rose and stepped forward with perfect calmness and dignity to meet them. The decree of the Convention was read to the king, declaring him to be guilty of treason, that he was condemned to death, that the appeal to the people was refused, and that he was to be executed within twenty-four hours.
The king listened to the reading unmoved, took the paper from the hands of the secretary, folded it carefully, and placed it in his portfolio. Then turning to Garat, he handed him a paper, saying,
"Monsieur Minister of Justice, I request you to deliver this letter to the Convention."
Garat hesitated to take the paper, and the king immediately rejoined, "I will read it to you," and read, in a distinct, unfaltering voice, as follows:
"I demand of the Convention a delay of three days, in order to prepare myself to appear before God. I require, farther, to see freely the priest whom I shall name to the commissaries of the Commune, and that he be protected in the act of charity which he shall exercise toward me. I demand to be freed from the perpetual surveillance which has been exercised toward me for so many days. I demand, during these last moments, leave to see my family, when I desire it, without witnesses. I desire most earnestly that the Convention will at once take into consideration the fate of my family, and that they be allowed immediately to retire unmolested whithersoever they shall see fit to choose an asylum. I recommend to the kindness of the nation all the persons attached to me. There are among them many old men, and women, and children, who are entirely dependent upon me, and must be in want."
The delegation retired. The king, with a firm step, walked two or three times up and down his chamber, and then called for his dinner. He sat down and ate with his usual appetite; but his attendants refused to let him have either knife or fork, and he was furnished only with a spoon. This excited his indignation, and he said, warmly,
"Do they think that I am such a coward as to lay violent hands upon myself? I am innocent, and I shall die fearlessly."
Having finished his repast, he waited patiently for the return of the answer from the Convention. At six o'clock, Garat, accompanied by Santerre, entered again. The Convention refused the delay of execution which Louis XVI. had solicited, but granted the other demands.