But at last the eagerness for her destruction overcame all difficulties or scruples. The principal articles of the indictment charged her with helping to overthrow the republic and to effect the reestablishment of the throne; with having exerted her influence over her husband to mislead his judgment, to render him unjust to his people, and to induce him to put his veto on laws of which they desired the enactment; with having caused scarcity and famine; with having favored aristocrats; and with having kept up a constant correspondence with her brother, the emperor; and the preamble and the peroration compared her to Messalina, Agrippina, Brunehaut, and Catherine de' Medici-to all the wickedest women of whom ancient or modern history had preserved a record. Had she been guided by her own feelings alone, she would have probably disdained to defend herself against charges whose very absurdity proved that they were only put forward as a pretense for a judgment that had been previously decided on. But still, as ever, she thought of her child, her fair and good son, her "gentle infant," her king. While life lasted she could never wholly relinquish the hope that she might see him once again, perhaps even that some unlooked-for chance (none could be so unexpected as almost every occurrence of the last four years) might restore him and her to freedom, and him to his throne; and for his sake she resolved to exert herself to refute the charges, and at least to establish her right to acquittal and deliverance.
Louis had been tried before the Convention. Marie Antoinette was to be condemned by the, if possible, still more infamous court that had been established in the spring under the name of the Revolutionary Tribunal; and on the 13th of October she was at last conducted before a small sub-committee, and subjected to a private examination. To every question she gave firm and clear answers.[14] She declared that the French people had indeed been deceived, but not by her or by her husband. She affirmed "that the happiness of France always had been, and still was, the first wish of her heart;" and that "she should not even regret the loss of her son's throne, if it led to the real happiness of the country." She was taken back to her cell. The next day the four judges of the tribunal took their seats in the court. Fouquier-Tinville, the public prosecutor, a man whose greed of blood stamped him with an especial hideousness, even in those days of universal barbarity, took his seat before them; and eleven men, the greater part of whom had been carefully picked from the very dregs of the people-journeymen carpenters, tailors, blacksmiths, and discharged policemen-were constituted the jury.
Before this tribunal-we will not dignify it with the name of a court of justice-Marie Antoinette, the widow Capet, as she was called in the indictment, was now brought. Clad in deep mourning for her murdered husband, and aged beyond her years by her long series of sorrows, she still preserved the fearless dignity which became her race and rank and character. As she took her place at the bar and cast her eyes around the hall, even the women who thronged the court, debased as they were, were struck by her lofty demeanor. "How proud she is!" was the exclamation, the only sign of nervousness that she gave being that, as those who watched her closely remarked, she moved her fingers up and down on the arm of her chair, as if she had been playing on the harpsichord. The prosecutor brought up witness after witness; some whom it was believed that some ancient hatred, others whom it was expected that some hope of pardon for themselves, might induce to give evidence such as was required. The Count d'Estaing had always been connected with her enemies. Bailly, once Mayor of Paris, as has been seen, had sought a base popularity by the wantonness of the unprovoked insults which he had offered to the king. Michonis knew that his head was imperiled by suspicions of his recent desire to assist her. But one and all testified to her entire innocence of the different charges which they had been brought forward to support, and to the falsehood of the statements contained in the indictment. Her own replies, when any question was addressed to herself, were equally in her favor. When accused of having been the prompter of the political mesures of the king's government, her answer could not be denied to be in accordance with the law: "That she was the wife and subject of the king, and could not be made responsible for his resolutions and actions." When charged with general indifference or hostility to the happiness of the people, she affirmed with equal calmness, as she had previously declared at her private examination, that the welfare of the nation had been, and always was, the first of her wishes.
Once only did a question provoke an answer in any other tone than that of a lofty imperturbable equanimity. She had not known till that moment the depth of her enemies' wickedness, or the cruelty with which her son's mind had been dealt with, worse ten thousand times than the foulest tortures that could be applied to the body. Both her children had been subjected to an examination, in the hope that something might be found to incriminate her in the words of those who might hardly be able to estimate the exact value of their expressions. The princess bad been old enough to baffle the utmost malice of her questioners; and the boy had given short and plain replies from which nothing to suit their purpose could be extracted, till they forced him to drink brandy, and, when he was stupefied with drink, compelled him to sign depositions in which he accused both the queen and Elizabeth of having trained him in lessons of vice. At first, horror at so monstrous a charge had sealed the queen's lips; but when she gave no denial, a juryman questioned her on the subject, and insisted on an answer. Then at last Marie Antoinette spoke in sublime indignation. "If I have not answered, it was because nature itself rejects such an accusation made against a mother. I appeal from it to every mother who hears me."
Marie Antoinette had been allowed two counsel, who, perilous as was the duty imposed upon them, cheerfully accepted it as an honor; but it was not intended that their assistance should be more than nominal. She had only known their names on the evening preceding the trial; but when she addressed a letter to the President of the Convention, demanding a postponement of the trial for three days, as indispensable to enable them to master the case, since as yet they had not had time even to read the whole of the indictment, adding that "her duty to her children bound her to leave nothing undone which was requisite for the entire justification of their mother," the request was rudely refused; and all that the lawyers could do was to address eloquent appeals to the judges and jurymen, being utterly unable, on so short notice, to analyze as they deserved the arguments of the prosecutor or the testimony by which he had professed to support them. But before such a tribunal it signified little what was proved or disproved, or what was the strength or weakness of the arguments employed on either side. It was long after midnight of the second day that the trial concluded. The jury at once pronounced the prisoner guilty. The judges as instantly passed sentence of death, and ordered it to be executed the next morning.
It was nearly five in the morning of the 16th of October when the favorite daughter of the great Empress-queen, herself Queen of France, was led from the court, not even to the wretched room which she had occupied for the last ten weeks, but to the condemned cell, never tenanted before by any but the vilest felons. Though greatly exhausted by the length of the proceedings, she had heard the sentence without betraying the slightest emotion by any change of countenance or gesture. On reaching her cell she at once asked for writing materials. They had been withheld from her for more than a year, but they were now brought to her; and with them she wrote her last letter to that princess whom she had long learned to love as a sister of her own, who had shared her sorrows hitherto, and who, at no distant period, was to share the fate which was now awaiting herself.