In order to satisfy all the forms of the law, the king should have had an advocate allowed him, and the benefit of legal counsel. The Convention demanded that those who were ready to undertake this task should send in their names. It was a form deemed safe to abide by, because it was believed that there would be no one who would venture to enter upon so momentous and perilous a duty.
But there were such, nevertheless. There were still courageous and noble men who pitied the forsaken king, and who wanted to try to save him; not willing to see him atone for the debts of his predecessors, and bleed for the sins of his fathers. And scarcely had the consent of the Convention been announced, that Louis Capet should have three advocates for his defence, when from Paris and all the minor cities letters came in from men who declared themselves ready to undertake the defence of the king.
Even from foreign lands there came letters and appeals in behalf of the deposed monarch. One of them, written in spirited and glowing language, conjured France not to soil its noble young freedom by the dreadful murder of an innocent man, who had committed no other offence than that he was the son of his fathers, the heir of their crown and their remissness. It was written by a German poet, Frederick Schiller. [Footnote: Schiller's defence of the king is preserved in the national archives—See Beauchesue vol. i., p. 366.]
From the many requests to serve as his advocates, Louis chose only two to defend him. The first of these was his former minister, the philosopher Lamoignon des Malesherbes, then the advocate Trouchet, and finally, at the pressing request of Malesherbes, the distinguished young advocate Deseges. To those three men was committed the trust of defending the king against the dreadful charge of treason to his country, to be substantiated by hundreds and hundreds of letters and documents.
After the preliminary investigations were closed, the public charge was made in the Convention, which still held its sessions in the Manage. To this building, situated near the Tuileries, the king, accompanied by his three defenders and two municipal defenders, and surrounded by National Guards, was conducted from the Temple. The people danced around the carriage with wild shouts of joy and curses of the king. Within the vehicle sat Louis, completely calm and self- possessed.
"This man must be filled with a singular fanaticism," said Colombeau, one of the leading officials, in the report which he gave to the Convention of the ride. "It is otherwise inexplicable how Louis could be so calm, since he had so much reason to fear. After we had all entered the carriage, and were driving through the streets, Louis entered upon conversation, which soon turned upon literature, and especially upon some Latin authors. He gave his judgments with remarkable correctness and insight, and it appeared to me that he took pleasure in showing his learning. One of us said that he did not enjoy Seneca, because his love for riches stood in marked contrast with his pretended philosophy, and because it could not easily be forgiven him that before the senate he apologized for the crimes of Nero. This reflection did not seem to affect Louis in the least. When we spoke of Livy, Capet said that he seemed to have taken satisfaction in composing great speeches which were never uttered to any other audience than that which was reached from his study-table; 'for,' he added, 'it is impossible that generals really delivered such long speeches in front of their armies.' He then compared Livy with Tacitus, and thought that the latter was far superior to the former in point of style." [Footnote: See Beauchesne, vol. i., p. 396.] The king went on talking about Latin authors while the carriage was carrying him through the roaring mob to the Convention, which Desege addressed in his defence in these courageous words: "I look for judges among you, but see only accusers."
The king was completely calm, yet he knew that his life was threatened, and that he was standing before a tribunal of death. As on the day when he was first taken to the Convention, he requested Malesherbes to forward a note to the priest whose attendance he desired, and who he believed would not deny his presence and attentions. His name was Edgewarth de Pirmont. The time was not distant when not the services of advocates were wanted by the king, but exclusively those of the priest.
The sentence of death was pronounced on January 26, 1793. Louis received it calmly, and desired merely to see his family, to have a confessor come to him, and to prepare himself for his death.
During these dreadful weeks Marie Antoinette was separated from her husband, alone with her children, who no longer were able to smile, but who sat day after day with fixed eyes and silent lips. The queen knew that the king had been accused, had made a private reply to the charges brought against him, and had been brought before the Convention. But not a word, not a syllable of the trial which followed, reached her. Madame Tison, the female dragon who guarded her, watched her too well for any tidings to reach her.
At last, however, the word was brought which the heart of the queen had so long anticipated tremblingly, for which she had prepared herself during the long nights with tears and prayers, and which now filled her with grief, anger, and despair. The king was condemned to death! He wanted only to see his family, to take his leave of them!