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strong in his innocence; supported by the testimony of his past life. He has discovered to you his thoughts, by discussing, without preparation, without examination, charges which he could not foresee, and offering an extemporary defence. Louis could only speak of his innocence; I come to prove it. Would that this circle could increase till the whole. multitude of citizens, who have received a dreadful impression against him, could be contained in it, that they might form a different opinion. Louis knows that Europe expects, with impatience, the judgment which you shall give; he knows that posterity will, one day, investigate it; but he considers. only his cotemporaries. Like him, we forget posterity, and fee, only the present moment."
M. Deleze then said, that the question might considered in two points of view, either with respect to the situation of Louis, before or after his acceptance of the constitution. The nation he admitted was the sovereign, and was free to give itself what form of government it pleased; But the nation itself could not exercise its own sovereignty, and must, therefore, delegate it. In 1789 the nation chose a monarchical government, and decreed the inviolability of its chief. He then shewed that the forfeiture of the throne was the only punishment to which the king, according to the constitution, could be subject, and that it was only for crimes committed after this destitution that he could be tried like other citizens. Either the crimes of which Louis was accused were held crimes for the constitutional act, and, of course, if proved; were to be punished according to that act; or they were not to be found in it, and were therefore, not to be punished at all.
He would, however, admit, for argument's fake, that the crimes were all proved, and all mentioned in the constitutional act. What then was the punishment? The abdication of the throne. But it might be said, that the nation had al ready abolished the throne, so that there was no further punishment for Louis in that. But, because circumstances did not justly permit the further punishment of Louis, were new laws to be made, applicable only to one man, and formed since the accusation itself.
