wrote a letter
to the Convention which was equivalent to a declaration of war. He then
tried to corrupt his army, but failed, and on April 4, 1793, fled to
the Austrians. Meanwhile, La Vendee was in flames. To appreciate the
situation one must read Carnot's account of the border during these
weeks when he alone, probably, averted some grave disaster. For my
purpose it suffices to say that the pressure was intense, and that this
intense pressure brought forth the Revolutionary Tribunal, or the
political court.
On March 10, 1793, the Convention passed a decree constituting a court
of five judges and a jury, to be elected by the Convention. To these was
joined a public prosecutor. Fouquier-Tinville afterward attained to a
sombre fame in this position. Six members of the Convention were to sit
as a commission to supervise drawing the indictments, the preparation of
evidence, and also to advise the prosecutor. The punishments, under the
limitations of the Penal Code and other criminal laws, were to be within
the discretion of the court, whose judgments were to be final.[40] Death
was accompanied by confiscation of property.
Considering that this was an extraordinary tribunal, working under
extreme tension, which tried persons against whom usually the evidence
was pretty conclusive, its record for the first six months was not
discreditable. Between April 6 and September 21, 1793, it rendered
sixty-three sentences of death, thirteen of transportation, and
thirty-eight acquittals. The trials were held patiently, testimony was
heard, and the juries duly deliberated. Nevertheless the Terror deepened
as the stress upon the new-born republic increased. Nothing more awful
can be imagined than the ordeal which France endured between the meeting
of the Convention in September, 1792, and the completion of the
Committee of Public Safety in August, 1793. Hemmed in by enemies, the
revolution glowed in Paris like molten lava, while yet it was torn by
faction. Conservative opinion was represented by the Girondists, radical
opinion by the Mountain, and between the two lay the Plain, or the
majority of the Convention, who embodied the social centre of gravity.
As this central mass swayed, so did supremacy incline. The movement was
as accurate as that of any scientific instrument for registering any
strain. Dumouriez's treason in April left the northern frontier open,
save for a few fortresses which still held out. When those should fall
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