but responsible for what he does behind their back. At the last moment
several Girondins proposed that sentence should be pronounced by the
nation, in primary assemblies--an idea put forward by Faure on
November 29. This was contrary to the spirit of representative
democracy, which consults the electors as to men, and not as to
measures properly the result of debate. It was consistent with the
direct action of Democracy, which was the theory of Jacobinism. But
the Jacobins would not have it. By compelling the vote on the capital
question, they would ruin their adversaries. If the Girondins voted
for death, they would follow the train of the party that resolutely
insisted on it. If they voted against, they could be accused of
royalism. When the question "Guilty or not guilty?" was put, there was
no hesitation; 683 voted guilty, one man, Lanjuinais, answering that
he was a legislator, not a judge. The motion, to leave the penalty to
the people, which was made in the interest of the Girondins, not of
the king, failed by 423 to 281, and ruined the party that contrived
it. The voting on the penalty began on the evening of January 17, and
as each man gave his voice from the tribune, it lasted far into the
following day. Vergniaud declared the result; he said that there was a
majority of five for death. Both parties were dissatisfied, and
suspected fraud. A scrutiny was held, and it then appeared that those
who had voted simply for the capital penalty were 361, and that those
who had voted otherwise were 360. Majority, 1. But when the final vote
was taken on the question of delay, there was a majority of 70 for
immediate execution.

That the decision was the result of fear has been stated, even by
Brissot and Carnot. The duke of Orleans had written to the President
that he could not vote at the trial of his kinsman. The letter was
returned to him. He promised his son that he would not vote for death,
and when they met again exclaimed, "I am not worthy to be your
father!" At dinner, on the fatal day, Vergniaud declared that he would
defend the king's life, even if he stood alone. A few hours later he
voted for death. Yet Vergniaud was soon to prove that he was not a man
whom intimidation influenced. The truth is, that nobody had a doubt as
to guilt. Punishment was a question rather of policy than of justice.

The army was inclined to the side of mercy. Custine had offered,
November 23, to save Lewis, if Prussia would acknowled