A great tumult followed in the Assembly the moment the King had withdrawn. The Jacobins became sensible that the scene which had just passed had deeply affected many of the neutral party, and was not unlikely to influence their final votes. They demanded an instant decree of condemnation, and that in the name of the oppressed people. "You who have heard the tyrant," said Billaud-Varennes, "ought in justice to hear the people whom he has oppressed." The Convention knew well what was meant by the appearance of the people at the bar, and while they trembled at this threat, Duhem[339] exclaimed, "I move that Louis be hung this very night." Some received this with a triumphant laugh; the majority, however, retained too much sense of shame to permit themselves to be hurried farther that evening. They indulged the King with the selection of counsel to defend him.[340]

The monarch, on returning to his prison, had found he was doomed to solitary confinement. All intercourse with his family was denied him. He wept, but neither wife, sister, nor child, was permitted to share his tears. It was for the fate of his son that he showed the deepest interest. Yet, anxious as his apprehensions were, they could not reach the extremities to which the child was reduced. The heart of man could not have imagined the cruelty of his lot.

LOUIS CHOOSES HIS COUNSEL.

Louis chose for his counsel two lawyers of celebrity, carefully selecting such as he thought would incur least risk of danger by the task imposed. One of these, Tronchet,[341] was too sensible to the honour of his profession to hesitate a moment in accepting the perilous office; but the other, Target, refused to undertake it. The phrase used by this unworthy jurisconsult, in his letter to the President of the Convention, seemed to involve the King's condemnation. "A free Republican," he said, "ought not to undertake functions of which he feels himself incapable." Timid as the Convention was, this excuse was heard with disapprobation. It was declaring, that the defence of the King was untenable by any friend of the present system.[342]

Several persons offered their services[343] with voluntary devotion, but the preference was claimed by Lamoignon-Malesherbes,[344] who, twice called by Louis to be a member of his council, when the office was the object of general ambition, alleged his right to a similar function, when others might reckon it dangerous.[345] This burst of honourable self-devotion awakened a sentiment of honour in the Convention, which, could it have lasted, might have even yet prevented a great national crime.

Paris began to show symptoms of returning interest in the person of Louis. The oft-repeated calumnies against him seemed to lose their influence on all but the ignorant multitude, and hired bandits. The honest devotion of Malesherbes, whose character was known through the nation as a man of talent, honour, and probity, reflected a forcible light on that of his royal client, who had, in the hour of need, found such a defender.[346] Deséze, an excellent lawyer, was afterwards added to the King's band of counsel;[347] but the King gained little more by this indulgence, excepting the consolation of communicating with such men as Malesherbes and his two associates, at a time when no other friend was suffered to approach him, excepting the faithful Cléry, his valet-de-chambre.[348]

The lawyers entertained some hopes, and, in the spirit of their profession, exulted when they saw how facts contradicted the charges of the prosecutors. "Moderate your satisfaction, my friends," said Louis; "all these favourable circumstances are well known to the gentlemen of the Convention, and if they considered them as entitled to weight in my favour, I should not be in this difficulty. You take, I fear, a fruitless task in hand, but let us perform it as a last duty." When the term of his second appearance at the Convention arrived, he expressed anxiety at the thoughts of appearing before them with his beard and hair overgrown, owing to his being deprived of razors and scissors. "Were it not better your Majesty went as you are at present," said the faithful Cléry, "that all men may see the usage you have received?"—"It does not become me," answered the King, "to seek to obtain pity."[349] With the same spirit, he commanded his advocates to avoid all appeals to the passions or the feelings of the judges and audience, and to rest his defence exclusively upon logical deductions from the evidence produced.[350]

When summoned to the Convention, [Dec. 26,][351] Louis was compelled to wait for a time in the outer hall, where he walked about conversing with his counsel. A deputy who passed, heard Malesherbes during this intercourse use to his royal client the courtesies of "Sire—Your Majesty." "What renders you so bold," he said, "that you utter these prohibited expressions?"—"Contempt of life," answered the generous Malesherbes.[352]

OPENING SPEECH OF DESEZE.

Deséze opened his case with great ability. He pleaded with animation the right which the King had to the character of inviolability, a right confirmed to him by the Legislative Assembly after the flight to Varennes, and which implied a complete indemnity for that crime, even supposing a journey from his capital in a post carriage, with a few attendants, could be deemed criminal. But he urged that, if the Convention did not respect his inviolability—if, in a word, they did not consider him as a King, he was then entitled to the formal securities provided for every citizen by the laws. He ridiculed the idea that, with a trifling force of Swiss, Louis could meditate any serious injury against the Convention. "He prepared," said Deséze, "for his defence, as you citizens would doubtless do, when you heard that an armed multitude were on their way to surprise you in your sanctuary." He closed an excellent pleading with an enumeration of the benefits which Louis had conferred on the French nation, and reminded them that their King had given them liberty so soon as they desired to be free. Louis himself said a few words with much firmness.[353] He was remanded to the Temple, and a stormy debate commenced.