THE OFFICIAL DEFENCE OF GENERAL MOREAU THE TRIBUNAL AT PARIS, WHEREIN THAT GENERAL'S INNOCENCE IS MOST FULLY ESTABLISHED. TRANSLATED FROM THE ORIGINAL FRENCH, WHICH HAS BEEN SUPPRESSED IN FRANCE. HonDon : PRINTED FOR LONGMAN, HURST, REES, AND ORME, NO. SQ, PATERNOSTER-ROW; AND SOLD BY J. HATCHARD, PICCADILLY; W. MILLER, BOND-STBEET; AND W. J. AND J. RICHARDSON, ROYAL EXCHANGE. 1804. THE WILLIAM R. PERKINS UBRARY OF DUKE UNIVERSITY Rare Books T. Gillet, Printer, Salisbury-Square. &in o TRANSLATOR'S PREFACE. MOREAU is fully justified by his able ad- vocates. Nothing need be added to what they have advanced in favour of him. In publishing this work in another country, the innocence or guilt of Moreau is however of less importance than some of the facts that have come forth on the trial of that remarkable man. It appears certain, that there are a number of men, who were once in affluence, but are now in indigence,who are attached to the cause of the family of Bourbon, and who are perpe- tually forming plans for its restoration ; that A 2 ( iv ) they deceive themselves as to their means, and they frequently deceive those v^ho listen to them, as to their intentions. Amongst those are some men, no doubt, of the purest honour, and most tried fidelity ; but there are many others, who, under a dis- guise easily assumed, and with the language and professions analogous to it, begin by obtain- ing confidence as men of honour, and pity as the unfortunate adherents of a just cause. Who can rend the Vindication of Moreau without trembling at the determined villainy of Holand ? Who that has read the Vindication of Mo- reau will wonder at the accusations brought against Mr. Drake and Mr. Smith*, the repre- * There can be no doubt that the emigrant, who obtain- ed a note of invitation from Mr. Drake to dine with him, merely as a matter of civility, copied the handwriting, and fabricated a plot. If that gentleman condescends to vindicate himself, the trial of Moreau will certainly render the task more easy than it otherwise would be. ( V ) sentatives of his Britannic Majesty at two of the courts of Germany ? The murder of the Duke d'Enghein is now no longer an enigma. The tranquilHty of Europe, and the safety of individuals, are in danger so long as the greatest villains can put on the disguise of the most honourable men ; and after sainins!; a little confidence, fabricate a plot, and become informers to obtain reward or avoid punish- ment. A single note of civility, an invitation to a dinner, or a message to a third person, given by a man who is marked out by the French Government for destruction, serves in the hands of one of those intriguing impostors as a sufficient basis for an accusation. Armed with this fabricated conspiracy, the general accuser of France makes an exaggerated report. If it is against an individual within their power, he is tried and condemned : if he is beyond their territory, but within their { vi ) reach, he is seized by stratagem or by force ;' and if he is an English ambassador, he is pub- licly accused to all the members of the diplo- matic corps. These circumstances merit attention, and the example of Moreau may be of great utility to other individuals, and perhaps to nations^ The lesson has at least the advantage of being very legible, and certainly the subject is abundantly important. To speak plainly, many of the French emi- grants, exiled from • their country, ruined in fortune, and reduced to want, have turned the whole of their talents, their energy, their na- tural disposition for intrigue, into a general effort for reinstating themselves and their royal master, at the expence of all those who will listen to their tales. The peace of kings and kingdoms, as well as that of individuals, is with them a m.atter of no consideration ; but to others it is a matter of serious consideration, ( vil ) that their numbers are great, their cause des- perate arid their efforts incessant and imiversal. It is curious to observe, how a few obscure individuals, embarking in a popular cause, may mislead the Public. We cannot help, when we read the pretended meetings that never took place, and the tales fabricated, in order that Lajolais, a man cf no abiHties, might put a few guineas into his pocket with ease, recol- lecting the brilliant prospects held up here of the restoration of the House of Bourbon by General Moreau. The horrible criminality of Roland is, how- ever, greatly outdone by that of those who in- terrogated him. It is impossible to have a more complete specimen of the proceedings of what are termed courts of justice in France. It is impossible to read any thing that can give us a higher opinion of the courts of justice in- England. The trial of Moreau is of the greater impor- tance, that it is an authentic proof of the cor- ( viii ) ruption of the courts of justice in France, and of its Government, whilst it proves that the greater part of our information relative to the state of that country is undeserving of confi- dence or even of attention. Pichegru certainly appears to have been de- ceived either by Roland or Lajolais, and pro- bably by both, and his disappointment seems to have been extreme, when he found that Moreau would enter into none of his views. We shall say nothing of the errors that crowned heads have fallen into in the same way ; but recall to memory the false informa- tion given to the Duke of Brunswick before he invaded France — the false information that preceded the expeditions of Quiberon and the Helder. If any thing more is necessary, let the reader consult Machiavel on that impor- tant subject. DEFENCE GENERAL MOREAU. W FTEN it was known that Moreau was arrested, and the reason assigned, the anx- iety and consternation were great beyond description. This was natural ; he was either guilty or innocent. Was he guilty? what! Moreau, that modest warrior, who was only great at the head of his army, and on the day of battle; everywhere else so simple in his manners, that his companions in arms called him the man of Plutarch ; Moreau, who was always thought so free from views of personal aggrandisement; that man who never dreamt of raising himself to power at any of those revolutiouary periods when. ( 2 ) amidst the changes of feeble governments, all France would have considered the ambi- tion of General Moreau as an advantage; that man who, in the midst of victories, was never heard to utter a wish but for the happiness of his country ! The pleasures of private life w^re the only ones he longed for in addition to his glory. That a man so full of moderation, that after having been a hero amongst heroes, should bemean himself so far, as to become a traitor to the cause and the government he had so often and so long defended. The most brilliant virtue is then nothing but a continued groveling hypocrisy, since r>loreau is become perfidious. Was he innocent ? What then are we to think of a government, till now so deserv- ing of our confidence and affection, but which all at once, deviating from that regard which it professes for individual liberty, loads with chains one of its greatest warriors; ( 3 ) and rewards v>lth accusations, a general rendered sacred by the ennnent services he had performed, tlie victories he had gained, and the civic crowns he had deserved i\ r the armies he had saved, and the vast countries he had united to the French empire. What safety then has the common citizen, if one of the most illustrious of rdl let us stop. The idea is too frightful, it must be rejected, but wliile we reject that, we must equally give up the afliicting idea, that General Moreau can have tarnished his glory. Moreau has not forsaken his glory: he is innocent. The government has not forsalicn its jus- tice, but it has been alarmed ; Moreau in prison will be what he always was at the head of armies, he will be the true friend of his country, seeing nothing else, and incapa-* ble of sacrificing the public weal to any per- sonal consideration. B 2 ( 4 ) Just towards himself, he will not betray his cause, or abandon his defence; and just to his country, he will avow that the mea- sures that have been taken, were in conse-r quence of suspicions that required to be done away. They are, or they ought to be already done away; the explanations which he has given wall be published with plainness and simplicity. We do not demand mercy, we only request attention, to which we have so many claims. For these four last months, Moreau is denounced by the report of the grand judge, by placards in the streets, by the orders of the generals to the armies they command, by the addresses of public bodies and a great number of the military. No doubt, this zeal, though perhaps a lit- tle irregular, is a proof of its laudable attach- ment to government, but it does not prove, it cannot prove any thing more. Above ( 5 ) all, it proves nothing against the person accused. Generals are not judges. Their very situation prevents them from being able to enter into the merits of a criminal question, and to form an opinion. Ts'elthcr is he judged by the ministers or their pla- cards, or justice and independence would be no more. Neither is he judged by the ad- dresses, vain echoes of popular accusation; the distance of place, the signatures without designation, render it impossible to attach to them any degree of authority; they shew the horror which their authors very natu- rally feel for a crime like that which is sup- posed to have taken place, but they go no way to establish the fact, of the proofs of which they must be totally Ignorant. Nevertheless those orders, those placards, and those addresses exist. They are in all the iiewspapers, on all the walls, and in every hand; for these four months, France has resounded w^ith them; for these four ( fi ) months, every vaice that has been raised, has spoken against General Moreau; not one has been heard in his favour except that of his generous brother. As for himrclf, in a soHtary cell, denied the access of his family, friends or counsel, he has been forced to be silent, whilst his accusers were so loud; he could not combat prejudice v\hen it Vvas new; he could not answer accusations one by one as they appeared, and before they had formed a mass of crimination, nor give the lie to falsities at the beginning, and be- fore they had seduced the credulous, nor ^t right the tales which malignity had in- vented, which it is more easy to guard against than to efface, nor explain those parts of his conduct wdiich gave rise to rash and fiise opinions. In a \\ord, all have united to accuse Moreau; hitherto, no one has had the means of defending him. Such, we know, is the nature of a criminal process; but that misfortune vras not the less severe ( 7 ) on him. Who is ignorant of the effect pro- duced by such a reunion of voices against a man of the greatest worth, who is reduced in silence to submit, particularly after such a revolution, where so many men have be- trayed the cause, that suspicion is a natural consequence ? It is then necessary to hear the defence of General Moreau with attentive recollection. He asks that justice not in the name of his victories, but in the name of his innocence. He asks it also from a consideration that ought to be dear to society; that is, the wel- fare and security of every individual, Th^ example of Geneiai Moreau proves but too well one great truth. Amongst those whom Providence has condemned to live in ages of heroism at brilliant but terrible periods; when the human species, tired of long repose, rises up with a general movement, and gives it- self up to great disorders; when empires are overturned, and the face of things undergoes ( 8 ) a change ; when thrones arc erected, and others moulder into dust ; when every thing that was yesterday great and splendid is to- day in obscurity and laid low ; when, by the caprice of fortune, the most brilliant desti- nies become the most miserable in a mo- ment, and finish by inspiring pity, even in the breast of an enemy. At such a moment who can say that he will not some time be in the situation of an accused person ? Let every one look to his ovv^n situation, and a very pardonable feeling for himself will incline him to throw off the prejudice lie may have conceived against General Moreau. Let every thing be forgotten but what is brought forward in the regular course of justice; or rather let him remember them, that he may be the more determined to reject whatever comes through an irre- gular and illicit channel. In fine, let him come to the trial free from prejudice, and listen to the defence with that regard for ( 9 ) presumed innocence, and that angel-like impartiality which he will one day perhaps invoke in his own cause, after having ful- filled his duty in that of other men. The advocates of General Moreau have not sufficient time to recount the circum- stances of his public life. They are known to France and to Europe, It will then be sufficient to advert to circumstances which are more or less connected with the accusa- tion. Having arrived at the rank of general of brigade, Moreau served in that quality in the army of the North with 25,000 men under his command, when, in the year 2, Pichegru took the chief command. Ge- neral Moreau never knew Pichegru till then^ and was not educated by him, as has been stated in some pamphlets. He, however, soon conceived a great esteem for the talents of that general, then one of the best in Eu-!- rope ; and to this esteem was added per&onal Q ( 10 ) attachment. But that Connection was riot of long duration; for In the year 3 Pichegru was, at the end of eight months, removed to the army of the Rhine, and Moreau suc- ceeded in that of the Nortji. Peace with Prussia hiving given him sbrhe months repose in Holland, and Pichegrtt being called to the directory in the year 4, Moreau succeeded him on the Rhine. He took the command on the 1st Messidor of the year 4; and on the 6th he passed the Rhine. No Frenchman can have forgot how, under his command, that army march- ed from victory to victory. All must re-- member the battles of Renchen and Fried- berg, which made him master of Suabia, Bavaria, and the circles of the Upper Rhine. The defeat of the army of the Sambre and the Meuse, which quitted him at a hundred leagues distance from Franco, in the centre of Germany, when surrounded by two great armies of the enemy, only ( 11 ) served to add to his glory. All Europe thought him lost, and France already de- plored the loss of a valiant army, and of a general whom that campaign had placed in the rank of great commanders. But Moieau was w^ith the French army. He performed that skilful retreat which pro- -duc^d more than glory. He saved the lives of men who were besides brave, and be- longed to France. x\l'ter having at Bibe- nach defeated the enemy that followed him, he passed with great slaughter through the army that had the foolish temerity to inter., ccpt his retreat ; and on the 5th Brumaire, passing the Rhine at Huningue and Brisack, he brough,t with hini about 7000 prisoners taken from the enemy, 40 pieces of cannon, and standards; and what was still a bcttei; service, the army returned without much loss from the heart of Germany, whence it was scarcely ever expected to return. The campaign of the year 5 was not less c 2 ( 12 ) brilliarit. It begun with a second passage of the Rhine by the French army at Diersheirri, on the first Floreal. The defeat of the enemy ■Was complete, and 4000 men, with a ge- neral, were made prisoners, and 20 pieces of cannon, the military chest, and a number of standards, fell also into his hands. Next day Khel was taken, after a siege of more than forty hours of the most obstinate re- sistance. Such were the effects of that pas- sage, that no obstacle remained to overruning the whole of Germany. But during this time the conqueror of Arcole and of Rivoli did better than conquer : he made the terror of his name and his arms prepare the way for peace. The preliminaries of Leoben ■were signed, arid the army of the Rhine and the Moselle stopped its career of glory. In passing the Rhine, the waggon of Ge- neral Kllnglin had been taken, containing a quantity of papers; and amongst the rest a voluminous correspondence in cyphers, ( 13 ) which were brought to Moreau. Dessaix was then sick, and was employed by Moreau to decypher that correspondence. It was long and difficult, and required much time to comprehend but imperfectly the mean- ing. It appeared to General Moreau and the officers employed in that business, that Pichegru had in the year 4 carried on a cor- respondence with the French princes. It was then the year 5; and no uneasiness was caused by a correspondence that only- related to the army, and its situation, so long before under Pichegru. Pichegru had left that army a year, and now indeed did not command any army. It is true he was become a member of the as. sembly of Five Hundred, but in that situa- tion he had none of the means in his power which seemed to be the foundation of the correspondence. All the spies that were taken were tried and punished, without noise, ( '< ) and Moreau never even thought of makiag a merit of doing that part of his duty. All the projects, more or less real, had been so disconcerted by the loyalty of the general; and the army, notwithstanding the arts used, was animated with so faithful a spirit, that it w^^ precisely at that time that the brilliant campaign was made into the heart of Germany ; and such was the terror it inspired, that, after the second pas- sage of the Bhine, in the year 5, Moreau would have forced the Emperor to peace, if Bonaparte had not already dictated one in Italy. Such were the acts of Moreau and his army ; of that same army, on which a year before a few intriguer? had formed plans, the only characteristics of whicli were illu- siojii and folly. Perhaps the general, so faithful to his trusty who had so nobly de- stroyed 'all these chimerical plots, may be ( 15 ) allo^v^ed to have despised projects that were overturned nearly as soon as conceived, and to content himself with avenging his army by its triurhphs, for those ill-grounded sus- picions which had been entertained of its fidelity, instead of denouncing an old com- rade and friend without any utility to the state : a man, indeed, who had done wrong, but who was no longer to be feared, as he had no longer any means left to execute his bad intentions. Moreaa did not write immediately to the Directory about Pichegru ; and, since it is necessary to say so, he never would have done it had not the correspondence of Klin- glih begun to become public towards the end of the year 5. After the decyphering of the papers, it had got into several hands, and General Moreau knew that it was talked of pretty publicly. Two officers told him, that it would be necessary either to give an account of that correspondence to the Di- ( 16 ) rectory, or to be himself comprehended in the denunciation, which others would not longer delay making. General Moreau then , forced by necessity, decided on writing, the l/th Fructidor, to the Director Bartheiemy, to inform him of this secret, which was no longer one in the army, and which very soon would have been public everywhere. He consulted the Di- rector on that difficult affair, and, in the letter, he did not conceal the repugnance with which he made the communication. *' You know me enough," said he to Bar- theiemy, *' to believe how much it must *' cost me." The act of accusation against Moreau dated that letter the 19th Fructidor. An ill-formed figure may have caused the mis- take, but it was really on the l/th; that, however, is of little importance. The act of accusation says, that he did not write that letter on the iQth, spontii-^ ( 17 ) neously but in consequence of learning hy the telegraph, on the 18th, the measnres that had been taken by the Directory. That, however, is an error, and is not the only one committed in the act. It is nevertheless necessary, in sfiih a case, to ascertain facts ■with great precision. The fact is, that on Fructidor, in the year 5, there was no telegraph to communi- cate with the army of the Rhine at Stras- burg. It was established on that line in the month of Brumaire, the year 6. Besides, another proof that Moreau did not know the events of the 1 8th when he wrote, is, that his letter was addressed to Barthelemy, one of the proscribed Directors. The letter was given to the Executive Di- rectory, and it was well known that Moreau had not acted spontaneously in discovering the plot ; he was presently recalled, and re- turned to his family. Such is the history of that denunciation, ( 18 ) which has been so much spoken of as the cause of perpetual hatred between Moreau and Pichegru. It is easy to see that the least spark of justice in Pichegru ought to make him very indulgent on that subject; the denunciation was so Iv^ng retarded by the remembrance of ancient friendship, and only took place at last when it became un- avoidable. Nevertheless Pichegru was trans- ported to Cayenne, from which he escaped to Europe. Moreau had no longer any connexion with him, nor indeed did he ever hear of him till the year 10. Moreau's conduct, during that interval, has been open to all France. In the year 7 we saw him, when the false impressions of the year 5 were worn off, accept, by order of the Directory, an inferior command in the army of Italy. We have seen that man, who is this day accused of ambition, accept of a command under Scherer without a mur- mur, and, after the misfortunes of that ge- ( 19 ) neral, only take a temporary command, to retrieve his losses and save the army. With 25,000 he made head against 100,000, and drew off his army at a slow march, and without a check, through the Milanese and Piedmont, putting garrisons into all the fortresses. He beat the Russians at Valence, and, rendering all their superiority of num- bers useless by his able manoeuvres, concen- trated his forces in the Genoese territory, where he awaited the arrival of Macdonald, and inaugurated the field of Marengo by a victory obtained over General Belgarde. After so many w^onders, to resign the com- mand of that army which he had preserved, to General Joubert, who shed tears on seeing the admirable order that had been established, and the noble and modest simplicity with which he resigned to him the chief com- mand. Joubert could not help giving him marks publicly of veneration and regard. He assisted, at the invitation of that succes- » 2 ( 20 ) ior, without any command, merely as an amateur, as he jocularly said, at the too cele- brated and unfortunate battle of Novi, where the brave and unfortunate Joubert was killed. Moreau there fought like a common soldier, had three horses killed under him, and per- formed prodigies of valour, to retard a defeat which he had predicted. He then accepted the dangerous honour of accepting the com- mand of a beaten army, given to him by general acclamation, and soon rendered it so formidable to the enemy that they dared not to attack him. He kept strong positions in Italy, and retrieved the disasters of Jou- bert, till he was succeeded by General Cham- pionet, to whom he resigned the command : thus, with infantine docility, taking and re- signing the chief command at the will or caprice of those whom he acknowledged as his masters, although he was at the head of an army devoted to him, and endeared to all by his great services and abilities. ( 21 ) Such was Moreau, in Vendemiaire in the year 8. Moreau, whom the act of accusation represents as a suspicious person, and an accompHce of Pichegru in the year 4. We see in what manner he has be- trayed the interests of his country. At the beginning of the year 8 he re- turned to Paris, where he found a member of the Directory in great consternation at the weakness of the government ; a feebleness arising from its nature, and which would have rendered useless the greatest talents in the universe. That Director was convin- ced that France was lost if a more vigorous executive power was not immediately orga- nized, and one where there should be more unity of action, which alone was fit to govern a great empire. This he said to Moreau, and Moreau agreed with him. But who was the man sufficiently able and determined to seize the helm under such circumstances, and to raise ( 22 ) France to that glorious situation to which she has since then been elevated ? The vacillating, uncertain politics of the directory had sent off the principal support of the state to Egypt, from whence the fleets of England, that covered the Medi- terranean, seemed to forbid his return. — Moreau had but to say the v^'ord to have obtained supreme power ; Moreau will avow the fact ; and had he thought that he could have saved the republic he would have done it without kesitation or delay. But, in re- flecting on his own powers, he did not think himself the man whom Providence had destined for the saviour of France. Far, however, be from Moreau false mo- desty or vain affectation. Moreau did not do himself injustice, neither has he sinned against any other person: let him be per* mitted, and he will confess that he felt himself unequal, and unfitted for the task. There is a place assigned to him in the order ( 23 ) qf things which he thinks himself not un-» worthy to fill ; the field of battle in the day of danger, when the chief of the state shall deign to call him forth. Every other has staggered his courage. The weight of busi- ness frightens him. That self-denial ; that privation of all comforts of private life ; that continual exertion of the mind on public affairs, which is the first and most indis- pensable duty of those w^ho, in accepting the supreme magistracy, cannot find an ex- cuse of having the misfortune of being born to it ; the incessant fatigue necessary in governing from morning to night, and and from night to morning, if one will by their conduct justify their acceptance of a place which they might have refused ; that strength of mind which is necessary to sup- port the weight of a great nation, and that decided firmness which is required to go- vern after the storms of a revolution of such long duration ; to keep under all the ( 21 ) passions, all the men, and all the parties. That rare discernment which is necessary for avoiding all the dangers that surround a young and a rising state ; the discretion to know when to follow, and when to oppose public opinion ; to know whom to employ usefully, and chuse servants even amongst malcontents and enemies. That genius, in a word, which sees all, regulates all, and provides for all ; which in the same instant regulates the whole and its minute parts; and which occupies itself at once on dangers without and improvements within ; on men and on things, the prosperity of individuals, and the safety of the state. Such a precious assemblage of great qualifications some years ago would have appeared to us impossible, and Moreau will not blush to say that he did not feel himself possessed of them. Drawn by an irresistible propensity to the ease of domestic life, he thought, that after having paid his debt to his country, he might { h ) Sacrifice the rest of his life to his personal en- joyment, and return to the ploughshare after handling the sword of the warrior. Such were his desires and propensities. Let us judge then if he was likely to ]^e eager to embrace the opportunity offered tb him by the director. They reasoned together on the necessity of establishing a stronger and more firm government, and of the difficulty of finding at that time in France a man fit for so arduous a task, when suddenly they learnt that, by a miracle almost incomprehensible. General Bonaparte was debarked at Frejus. In an instant Moreau draws the Director apart, and says to him, *' Let all rest till the arrival of General Bonaparte, he is the man that is necessary to France." The rest is known. Bonaparte arrives. The director speaks to him. He calls Moreau, and the 1 8th Brumaire shines forth. E ( 20 ) Moreau marches to the Directory, and it is dissolved. Bonaparte is proclaimed Consul. The Consul orders Moreau to command the army of the Rhine, and Moreau goes. He organizes the army, and on the 5th Floreal, in the year 8, passes the river Rhine for the third time with his army. On the 13th and 14th of the same month he beats Kray at Engen, with the loss of 7000 prisoners, 90 pieces of cannon, and consi- derable stores. On the 15th he gains the battle of Maeskirch. On the igth he gains a second battle at Biberach, on the same plain where three years before he had gained a former one. He sends a body of 22,000 men to the army of Italy, v^^hich, under the command of- the greatest of all the French Generals, was about to decide the fate of France, and of all Europe. He did not for that abate in his career of victory. He passed the Danube, subdued Augsburg, and ( 27 ) on the plains of Kochstel washed away the disgrace which on that spot French bravery formerly received. There he made f)000 prisoners, took 5 standards, 20 pieces of cannon, and immense magazines of stores. He continued his victorious march, and Newbourgand Laudshutt furnish new laurels to his soldiers. Munich opens its gates ; the Grison country is occupied ; Coire is taken ; and the army of the Rhine arrives, as if to witness and applaud the almost supernatural victory by which the brave army of Italy, under the conduct of that illus- trious chief who plays with difficulties and danger, reconquered for France her lasting superiority, and the peace of Europe. A treaty was granted by that army at the same time that Moreau by an armistice gave breath to the exhausted empire of Germany. Soon that momentary tranquillity is at an end. Moreau receives the order to march, and he commences hostilities. The battle of Hoh- E 2 ( 28 ) enlinden acknowledges his presence ; the battle of Hohcnlinden, where French bravery achieved one of its most brilhant victories, after the miracles of Italy, and the immortal glory of Marengo ; the battle of Hohenlinden, by which the army of Moreau gained 10,000 prisoners, amongst whom were three generals, besides SO cari- nons, and 200 waggons with ammunition. The frontiers of Austria are invaded ; Salzburg receives a French garrison ; an4 Vienna, from which the French army was only a few days m.arch, was in the utmost consternation. An armistice was solicited, and the terms prescribed by the conqueroi: agreed upon ; peace was signed, and the deftiny of France fixed once more. Moreau returned to his family, wheri the enemies of the public weal, whatever their designs might be, endeavoured to give a bad impression to the chief of the state, of one of those who had the most sincerely ( 29 ) wished for its prosperity. Goodwill becomes extinct ; Moreau makes some efforts, but in vain, to regain it. He then lives retired with his family, and breaks off all those brilliant connections which are not suited to a private life. He no longer keeps up a con- nection with any public men, or even with his old companions. He even in some de- gree suppressed his attachment and his re- membrances, not certainly because he was insensible to them, but that he might fur- nish no cause for uneasiness. A few friends, almost all private men like himself, com- posed the circle of his acquaintance. The pleasures of a country life, of the qhace, and of the theatre, but above all, those of his family, were his amusement and occupation. It was thus that he had waited with patience and confidence till the cloud of prejudice should be dissipated, and till some happy occasion should offer of proving by his services, or by his attach- ( 30 ) ment to the chief of the state, that he had never ceased to honour his glory, and wish for his success. That life so tranquil, of which nothing interrupted the harmony, was in a single moment destroyed by a circumstance which cam.e to awaken remembrances nearly ef- faced. General Moreau had at one time been much acquainted with an ancient curate of Pompadour, a man of some genius, uncle to General Souhem, of the name of David. This M. David, in 1/93, when the clergy were persecuted, took refuge in the army of his nephew. General Moreau has serv- ed the republic ; but one may be permitted to say, what no man will deny, that he always held in abhorrence the persecutions committed by the pretended republicans. Whoever was a Frenchman, and conducted himself well, had his protection ; and when he was powerful David was unfortunate. ( 31 ) and he protected David. That M. David, his nephev;^ Souhem, and Moreau lived all together v\'ith Pichegru, since which time all those persons saw each other with the plea- sure that is usual to feel, on seeing those with whom one has been in times of ad- versity. General Moreau had heard nothing of him since the banishment of Pichegru till the year 10, when David wished him to give him a meeting. It was respecting what he termed the denunciation of Piche- gru ; Moreau satisfied him, and that in such a manner, that he became the mediator between him and Pichegru, and effected a complete reconciliation ; a reconciliation which cannot be much w^ondered at, after the development of the circumstances which attended and brought about the very inno- cent letter of the 17 th Fructidor. Whatever that reconciliation might be, (the details of which belong to the answers ( 32 ) to the different acts of accusation, amongst which it figures as a crime) General Mo- reau learnt with great surprise, on the be- ginning of last Pluviose, by General Lajo- lais, the friend of Pichegru, whom Moreail had occasion sometimes to see last summer, that Pichegru was at Paris. Lajolais everi pressed Moreau to meet Pichegru some- where, not at home, and proposed several places where Pichegru might speak to him on business. General Moreau thought the arrival of Pichegru at Paris, without the au- thority of Government, was very unwise, and constantly refused to give him any meeting. Pichegru decided what was to be done, ^d, resolved at all events to see Moreau, ventured to come to his house on the 1 1th Pluviose, at eight in the evening. It was a badly chosen day for Pichegru, who, having come to France without pass- ports and without authority, ought to have; ( 33 ) teen careful not to be seen; but the 11th was the day of the week when Moreau waj accustomed to see his friends. Moreau, after some moments of a very- unmeaning interview, begged him to go, and he departed. A few days after, a second visit of Piche- gru took place, equally unexpected, after which Pichegru never returned more. There finished his personal intercourse with Moreau, who heard no more of him, except what will be explained in the answers to the accusation on the following day by one Roland. These are the visits. The words which were supposed to have been spoken from Pichegru to Moreau, and Moreau to Piche-^ gru, and which nobody heard, are become matter for an accusation against Moreau. It has been said that Pichegru has long meditated the re-establishment of the House of Bourbon. He conspired in their favout ( 34 ) in the year 4, and from that time Moreau, either on account of his sparing Pichegru, or because of the delay of denouncing him, incurred serious suspicion. Since then, say they, by the intermedia- tion of David and Lajolais, Moreau is firmly reconciled to Pichegru, and has been con- nected with him. That reconciliation and connection, after the previous conduct of Moreau, were incompatible with the laws of honour. They were then criminal, and could only tend to trouble the state. In fact, reports were spread in London, that Moreau had promised to re-establish the Princes of the House of Bourbon. It is in consequence of this promise, that Pichegru comes to Paris with other royalists, and sees Moreau. T'hose interviews could not but be cri- minal ; besides, he had made offers to Mo- reau for the House of Bourbon, which Mo» reau indeed rejected ; but which in reject- ( 36 ) ing, he proposed to put himself at the head of the party of Pichegru and the royahsts, after they should have assassinated the First Consul, on condition that he should be made dictator, and that public opinion Ihould be their guide. At all events Moreau would at least be culpable, though he had refused to take any part in the conspiracy of Pichegru, for not having denounced him to Government. The charges are as follows : 1st, Possibility of being an old accom- plice of Pichegru. 2d. Reconciliation and culpable connec- tion with Pichegru. 3d. Engagement taken by Moreau to re-establish the Princes of the House of Bourbon; engagement attested by hearsay and rumour spread in London. 4th. Interviews in Paris, and offers re- jected, but replaced by contre-propositions, F 2 ( 36 ) having in view the overturning the go- vernment of the First Consul. 5tb and last. Silence with respect to the stay of Pichegru at Paris, and his projects. Such are the crimes of which Moreau is accused, and against which he is called upon for his defence. FIRST COUNT. LnpJkated In the year 4 with Pichegru. This ought not to appear in the trial. What does it signify, in the year 12, to the Consular Government, and particularly to the Imperial Government, whether there •was or was not a real or supposed conspiracy in the year 4 to overturn the frail and feeble constitution of the year 3, which the 1 8th Brumaire reduced to dust, so happily, and with the unanimous applause of all France? ( 37 ) And where should we all be, if the Go« vernment under which we at length repose, after so many storms, espousing the cause of all the ephemerical governments which are past, should demand of us a rigorous account of all we have been doing during fifteen years — of all that we have done for or against the old royalty of 178S, or the constitutional royalty of 1 791 : for or against the revolutionary government of 1793 : for or against the conventional government of the year 3 ; for or against the directories of Vendemiaire, Prairial, and Fructidor, which 30 rapidly overturned each other ? On the 18th Brumaire, France rose out of chaos. From that epoch we may date her creation. Every thing that preceded it was in the night of time, and the public interest and repose, to which all should yield, forbid us to inquire of any one what he has thought or done respecting those ephemerical governments, all of which were ( 38 ) at 1; St condemned in the lump on the 18th Brumalre by the national will. It is then truly ridiculous to search for what Moreau did before the 18th Brumaire against the directors. If at that time he was guilty towards them, he has been infi- nitely more so since ; for it was he who marched, on the 18th Brumaire, to the Luxembourg, and paralised their feeble au- thority, while at St. Cloud, a new govern- ment was rising up, which France was call- ing out for with the most ardent desire. That pretended crime of Moreau in the year 4 against the Directory ought not then to be found in the act of accusation. One would think that it was only inserted to awaken for a moment the malevoleijit sen- timent which his letter of the 17th Fructi- dor inspired, of which the motives Were not known ; sentiments which his glory, his victories, and reflection, have entirely dissi- pated. ( 30 ) That is not an accusation. Truly speak- ing there is no justification necessary to that article. Nevertheless General Moreau ought to embrace with pleasure the opportunity of explaining to the whole nation the part which he took on the ] 8th Fructidor. It appears too true that Piche^ru had cor- respondences, in the year 4, with the royal- alist army, and the Prince of Conde. The plan seems to have been to acknowledge Louis XVIII. to make him be declared by the army of the Rhine, to mount the white cockade, and deliver up some fortresses. But Pichegru and the Prince did not agree on many of the articles, particularly on the question whether the right or the left bank of the Rhine should be the theatre of their movements, as well as concerning a general amnesty, and the confirmation of the sale of national lands, which Pichegru ( 40 ) required, and which the others would riot grant. This IS the general contents of the papers of OlFenDourg : Whatever those papers may, however, say relative to Pichegru, that ought not to extend to Moreau ; and it is great injustice in the act of accusation to impli- cate him. The name of Moreau is scarcely mentioned, and, when it is, it seems to sig- nify that he was not of Pichegru*s opinion, or he is named merely in recounting events; but there is not a single word from which it can be inferred that he was even consulted in the business. The Attorney- general has given no proofs, and he will never quote any thing to support that opinion. By what means could that magistrate then attempt to implicate Moreau in that plot, when there is not a single appearance to warrant him in so doing ? It was precisely at that time that Moreau ( 41 ) took the command of the army to lead itv during a whole year, from victory to victory, into the heart of Germany, and to crown all hh treasons in so novel a way, by a scientific retreat, which is the admiration even of strangers, and of the oldest generals. He was then the accomplice of Pichegru! Surely, in that case, it would have been very easy for that fortunate criminal to con- summate his guilt without even reproach. He had only to let fortune take her course. He alone, in the heart of Germany, wa?. sufficient to ruin the French army, cooped up, in an unknown country, between two armies more powerful than itself. He had only to restrain an effort of genius, which nobody thought possible. His army would have perished, his treason succeeded, and the traitor might have had the art still to cover his perfidy under exploits sufficiently brilliant to procure him honour and com- memoration. ( 42 ) Away then with that ridiculous accusa- tion, which belies the voice of all Europe, and from which national gratitude should have ever protected General Moreau. But at least, says the act of accusation, he was too long in revealing the plots of Pichegru. v, 1st. The papers that were seized disco- vered nothing till they were decyphered, which was a long operation. No one was namedj and the descriptions were so vague, that those who were really implicated, when put upon their trials, were acquitted ; and that Pichegru might have been so himself, if, instead of being banished^, he . had been sent before the tribunals. 2d. That conspiracy was to have brokq out in the year i, and this was at the end of the year 5. General Moreau commanded the army; he was master of every thing; he watched over those suspected ; he had arrested the ill-intentioned ; he had judged ( « ) and punished spies. Every thing had failed; the schemes were broken and disconnected, so as never to be recommenced. Victories over the enemy were better than any accu- sation for corrupting the army by means of its chief. Sd. That denunciation, useless in itself, would have been directed against Pichegru, the ancient general, and since then the friend of Moreau, and could only have served to make him be sent a few days ear- lier to Cayenne. But the projects begun in the year 4 with the Prince of Conde, and the overturn of the government by the army, had no connection with what passed in Paris in the year 5, and with all those con- temptible cabals in the interior councils, which the breath of the Directory, feeble as it was, might have reduced to nothing. 4th and last. As a proof that General Moreau conducted himself well on that oc- casion, the opinion of the public, unac- Q 2 ( 44 ) quainted with the secret circumstances •which compelled Moreau to write the letter q£ the 1 7th Fructidor, so useless to the state, blamed Moreau for what he then did. Pub- lic men may take a lesson from the strange situation of Moreau, who was at first blamed for having denounced Pichegru, and is now accused of not having done it sufficiently soon. As to the rest, let us terminate the tire- some discussion of this part of the accusa- tion, by repeating what Moreau himself, with reason and greatness of mind, when tired with the debates on that subject, said, — *' It is possible," said he, ** that I was in ** some degree blameable towards the Direc- " tory; but I think I have made ample *' amends by gaining since thirty battles, *' and saving two great armies.*' But this is too much on that point : let us proceed. ( 45 ) SECOND COUNT. ReconclUatton and culpable Connection wtth Fichegru in England, by means of David and Lajolais, David, the friend of Pichegru, and con- nected with Moreau, had formed the plan to bring them together. That thought was David's alone : he has confessed it ; and no- thing done by Moreau had led him to that attempt. The first inclination of Moreau was to re- fuse reconciliation. The trials prove that. The Abbe David concealed from Pichegru the reluctance of Moreau, expressed on his first proposal, and so obtained the consent of Pichegru. ., ' The Abbe David again saw Moreau, and insensibly got the better of his reluctance to the reconciliation. . ( 40, ) Generals Moreau and Pichegru thought they had respectively some reproaches to make each other relative to their military life ; and by means of David, who wrote to each of them, and without any letters pas- sing between themselves, an explanation took place, and they finished by being re- conciled. Things being in that state, nothing was more natural and plain than the letter writ- ten by David to Moreau in Messidor, the year ] 0, in which he says, *' That he would " not justify himself concerning the denun- " ciation ; that if any blame could be laid " to his charge, it was Government, and not " General Pichegru, whom he thought im- " plicated by the papers found, and whom *' he wanted to save." That he had regretted much that the course Pichegru followed the last three cam- paigns had confirmed his former doubts. That as to the rest, the situation of Piche- ( 47 ) gru gave him pain ; and that if he knew how to assist him he would ; and that if he were to learn from authority that he was the chief obstacle to his return to France, he would soon remove that. It is to be remarked, that notwithstanding the obliging style of this letter, Moreau never altered his opinion of Pichegru's conduct, which he continued to consider as a blemish in his character. The letter itself appeared so harmless to David, that he shewed it to such of the con- stituted authorities and distinguished generals, as still preserved any regard for Plchegru. As to Moreau, he could not for a mo- ment consider himself as blameable for the reconciliation. General Moreau is not a man to preserve eternal resentment; his mind is mild and generous. Revenge is not in his nature; but he would not have of himself made the first advances; but when his friendship wa? ( 48 ) desired "and asked, his heart, by a natutai impulse, led him to consent. Moreau could not be blamed for wishing to see Pichegru being permitted to return, when, in every public place in Paris, he met officers of the Prince of Conde's army, which a year before he had been meeting in the field of battle. Neither could he consider himself wrong when other general officers had promised to make interest for Pichegru's return, and one had even gone directly to the First Con- sul to obtain his consent. General Moreau could not consider his denunciation, nor the conduct of Pichegru in the year 4, as any obstacle to his good will and wishes towards him. The dangers which Pichegru had brought upon his country existed now no more ; they were long since over; and Moreau, after he succeeded to Pichegru in the commLind, had taught the royal -and imperial armies, that ( 49 ) tbcy never more should set foot on the soil of France. He had said sufficient to them, that he would only know them to conquer them. When Moreau wrote to David, it was profound peace, and it appeared to him, that peace, friendly to liberal ideas and sen- timents, allowed him to forget the faults committed in war. All this reasoning was favoured by the cir- cumstance that a council of war, established at the army to judge the accomplices of Pichegru, had acquitted, them. If, as the act of accusation says, these ge- nerals had become reconciled, in order to plot against the government of their coun- try, the first seeds of this project would be found in the circumstances which preceded or accompanied their reconciliation, or in the letters which they wrote. But they discover nothing at all of the kind. The> letters, far from containing any idea, do npt H ( 50 ) even contain a word from which it could be inferred that Moreau disUked the govern- ment, or criticised its operations. But the Abbe David was going off to England, to carry over the thoughts of Mo- reau to Pichegru, who had sent him twelve louis d'ors to pay the expences of the jour- ney ! It has transpired from the discussions that have taken place fifteen days ago, that Mo- reau did not see David till he was just going off; and that then he only wished him to give his compliments to Pichegru, but not a line was written on the occasion. As for money, if Pichegru had really sent twelve louis to David, so small a sum could only be considered as a little aid to a neces- sitous friend. The intermediate agent of a conspiracy, in which it is faid that England was a party, and which was to overturn France, could scarcely be in want of twelve louis to ( 51 ) perform a journey which was to bring to_ gether the chiefs of the conspiracy. General Moreau, possessed of an immense fortune, * would not have left his emissary in so necessitous a situation. Besides, David has declared, that the letter of Pichegru, by which he should have re- ceived the twelve louis, was intercepted and that he had borrowed ten louis of General Donzelot for the expences of his journey, the principal intention of which was to induce Pichegru to return to France, befides the probability of procuring to David a settlement in England, in consequence of a proportion that had been made to him for the education of a young English nobleman, from whom he was to receive 25ol. a year, and live in the family. The journey of David was no secret ; he * See the report of the grand Judge, 27 Pluvlose, year 12. ( 52 ) told all the Generals of his acquaintance who knew Pichcgru, and had got for that Ex-General a letter from a member of the senate. When stopped at Calais, though he had a passport, neither writings or letters of any kind were foiind upon him, in which there was the least mention of General Moreau. It has been said that General Morea^ shewed friendship to David in the Temple. Since when has it become a crime to take an interest in the misfortune of a per- son with whom one is connected ? Since "^hen do the chains that bind the prisoner command others to lose the feelings of hu- manity ? But, if David had been an agent of the conspiracy, what would Moreau have done after he wa? arrested ? He ought either to have sought to excul- pate himself, and destroy suspicion, or to save himself from the punish naent which ( 53 ) the crime that the Abbe David would most probably reveal, would bring upon him ; or to put the finishing stroke to the con- spiracy before the government could disco- ver the whole. Well — nothing of all that happens — nothing is done — General Moreau does not seek access to any magistrate, to see if he is any way implicated in the papers found on David. He remains quietly at home, without changing any of the usual habits of his life. He writes to nobody, and David, that con- triver of conspiracy, is not replaced by any one whoever. It must be observed, that Lajolais, who is held out as the successor of David, did not come to General Moreau till nine' months after, as has been proved on the trial, and that he came of his own accord, -and at no request of Moreau. ^Notwithstanding this, wh^n the arrestation. ( 54 ) of David took place, the peace was no way broken. At that time the communication with England was open, and in two w^eeks a conspiracy might then have been planned in Paris, known in London, and ready for exe- cution in this capital. When all is silent, where can there be cri- minality ? It is impossible to convert silence into crime. Will it be said, that the residence of Piche- gru in London, and of Moreau in Paris, ■was- a conspiracy ? As for the Ex-General Lajolals, he did not see General Moreau till Prairial in the Year 11, when he brought a small open note from Pichegru, recommending him for some employment. That small note was not brought from London by Lajolais. Pichegru had sent it over to him in France. This last circum- stance deserves particular attention ; for, till ( 55 ) the trial, it seemed to be believed that La- jolais had made two journeys to London, and that it was at the return from the first of them, that he delivered the note to Mo- reau. The trial has proved incontestibly that Lajolais was only once in London, and that in last December, which was seven months after he brought the note to General Mo- reau. General Moreau postiled the memorial by which Lajolais requested a situation. They spoke together of Pichegru, and Ge? neral Moreau does not deny that he said to him, as he had to the Abbe David, that it w^ould give him pleasure to see Pichegru re- turned to France. If that sentiment was a crime, it origi- nated in the goodness of Moreau's heart, and then it fhould find an excuse. Lajolais, in his first interrogatories, said, that he had seen General Moreau three or { ^0 ) four times at that period ; that Moreau had expressed a desire to have an interview with Pichegru, and that Lajolais said, that he should go and ask for one. That interview solicited, is considered as the indication of a conspiracy between Ge- neral Moreau and Pichegru, whose visits to Paris have, they say, firmly established its reality. It is not possible not to see the great im- probability of that story. At Paris does a person ask for an interview vith a person residing in London ? It is easy to conceive an interview demand*, ed between two persons residing near toge* ther ; but an interview demanded by a per- son in Paris with one in London, and to take place in Paris, requires some expla- nation. During the trial, Lajolais has given that explanation, and persisted three different times in his account of it* ( 5- ) Born in Alsace, and speaking French badly, he says, that the force of the expressions of our language is not familar to him, and that when he spoke of an hitervieiv, he meant only to speak of the wish expressed by Mo- reau to see Pichegru in France, which agrees perfectly with what General Moreau him- self says on that subject. It is in vain to say, that there is a con- tradiction between that declaration made on the trial and what Lajolais said when coni- fronted with General Moreau, when he per- sisted in his first declaration. The declaration on the trial is not con- tradictory but explanatory ; for it explain^ what he meant by the w^ord interview, and it has never been refused on a trial to give an explanation of what was said on tjjie first interrogation. The institution of a trial is founded on the necessity there is of comparing, verify- ing, and well understanding things, papers. ( ^8 ) and persons^ before sentence is pronounced, in Qr(5er that the truth may be found out from the variance or coincidence of all the circumstances. To prove that the explanation of Lajolais on the trial was true and sincere, it is only necessary to consider the glaring absurdity of the first declaration, to which it was impos- sible to attach any degree of credibility. If an interview had been demanded by Moreau in Paris of Pichegru in England, by Lajolais, it must have been to begin or to carry on a conspiracy ; yet Lajolais, the bearer of so important a message, remains seven months at Paris, after having seen Ge- neral Moreau, without procuring the said interview. Lajolais remaining for a great part of that long space of time with his relations in the department of the Lower Rhine, is an un- answerable proof of the falsity of his firft declaration. ( sg ) AnotTier circumstance, not less important, rs, that we learn from the trial, that on the same day on which Lajolais is supposed to have received this mission from General Moreau, he requested General Moreau to lend klm some money, njohich request was refused by General Moreau. No doubt remains since the trial relative to this important part of the accusation. Is it possible that General Moreau, at the very time he trusted Lajolais with his secret, and made him a party to his projects, should refuse him the loan of a few louis ? The very business of the conspiracy re- quired money ; and it is evident that the first thought of Moreau, after joining La- jolais in the conspiracy, must iiave been to unite purses where fate and fortune were united. Even if the conspiracy could have gone forward vfithout money, can it be believed, that Moreau would have risked a refusal I 2 ( Go ) which might expose him to the greatest clan- ger of discovering his machinations. Ne- cessity has too great power over the pas- sions of men, to risk the effect it may pro- duce ; and an information against Moreau might have ruined him the very day after his refusal. To every thinking being who knows the human heart, this refusal of money to Lajo- lais is a proof that there was no criminal connection between him and General Mo- reau. To all those explanations, which render the matter very easy to be understood, let us add another circumstance, which will con- firm the innocence oi Moreau. Victor Couchery, to whom it appears that Lajolais had said that General Moreau in- tended to write to Pichegru, went to know what measures had been taken with Lajolais, and if he really meant to write to Pichegru. Victor Couchery, when confronted with ( ei ) General Moreau, has declared that General Moreau replied : " That he had seen Lajo- '' lais two or three times relative to his back- " ing a petition ; that he had nothing he " wished to be said, and that he would not ** write to a man who resided in a couniry ^' at war with France." Couchery was the friend of Pichegru, which Moreau knew ; and if he had written to Pichegru by Laiolais, or if he wished to write, or had sent a verbal message, he would not have hesitated to say so to the brother of his confident, and the most intimate friend of Pichegru. Lajolais went to ask postiles to his peti- tion ; and it is because he went on no other business, tiiat Moreau, without thmking of the matter, refused him the money he de- manded. The declaration of Couchery, besides provmg that there was no confidential busi- ness between Moreau and Lajolais, confirms ( 62 ) also a thing proved on the trial, and that Moreau refused to correspond with Pichegru while he remained in an enemy's country; but that he wished him to go to some neutral territory, such as Germany, there to try to get his name erased from the list of emi- grants. If it is said that all connexion between Moreau and Lajolais bears a suspicious ap- pearance, after the denouncing of the latter in the year 5 ; it is to be observed that La- jolais had been acquitted of the charge by a council of war, and that, w^hen Lajolais, forgetting all animosity, came of himself to General Moreau, it did not correspond with Moreau's usual way of acting to treat him harshly : on the contrary, it is clear that it was a duty in him to try to repair the injury done to a man whom he had accused, and who had been found innocent. I 63 ) THIRD COUNT. Promises made by Moreau to reinstate the Princes. Promises attested hy the Ru- piours current in London. THE act of accusation states, that Rous- s'llon had declared that Lajolais had said in London that Moreau, discontented with the government of the First Consul, would lend every aid to overturn it. Bouvet said, that Lajolais had confirmed in London, all the expectations that were entertained with respect to Moreau ; that he had agreed to the plan laid by the princes, and had promised that Moreau should pre- sent the prince to the armies. Rochelle declared that, in London, they counted on the aid of Moreau, but he did not say that Lajolais had spread the report. In fine, Roger, if credit is to be given t© ( 64 ) four soldiers who guarded him at the Temple, declared that he has heard it said that Mo- reau was one ot the chiefs of the conspiracy. Several other accused persons have been interrogated before and during the trial, but they have no hearsay evidence to give. Thus, rumours of which the author is not pointed out, and spread in London, that Moreau was one ot the chiefs of a royalist conspiracy, attested only by two witnesses, amongst the great number of those who had landed, and were on trial, Rochelle and Ro- ger, together with the declaration of Bouvet and Rousillon, that Moreau was to favour the princes, and this founded only on the de- claration of a third person, compose charges on this count of the accusation. We need not observe that, on the trial, sorpe of the declarations of the accused have varied and become less strong. Bouvet, in particular, has formally declared that he is now convinced that the royalists had bce« ( 65 ) deceived when they were promised the sup- port of Moreau. He has even, with great energy, blamed the confidence that he had inconsiderately given to the hearsays with respect to Moreau. We need not observe that, with respect to the pretended declaration of these guards at the Temple, relative to Roger, has been formally denied by him when confronted with them. One of the guards has totally retracted his evidence, and the others have stammered and explained. Gilbert, the guard who retracted, says, he does not know why the name of Moreau was mentioned, as he never heard Roger pronounce his name. Gilbert has repeated his retraction with em- phasis not less than three times. Is it likely that Roger, who, on all his examinations, denied all connexion with the plot, and every thing laid to his charge, should afterwards, without motive or ne- K ( 66 ) and like an ideot, declare not only to one, but to two, three, and even four persons, that he is one of the chiefs ; thus sacrificing his head for the silly pleasure of babbling to four persons to him unknown ? We shall not try to dive into the extraor- dinary motives of those guards for insinuat- ing themselves into the confidence of their prisoner, whom they made speak to their liking, when their duty was to be silent and keep him safe : those motives might perhaps be found very sufficient for suspecting the whole of their evidence. General Moreau has no occasion to con- tradict such a charge ; but we will observe that, had the Attorney-general chosen, he might have found similar, and even better materials for his indictment. We know, and the official journal of France has given extracts of them, that both English and American papers have asserted that Moreau ( 67 ) had actually raised the standard of rebellion against the First Consul, and that he fought for the princes. Let us state a fact in opposition to those silly gazettes, those rumours of unknown origin, those hearsays of Roger and Ro- chelle. It has been proved on the trial that Moreau, far from ever serving the princes, or even listening to a proposition made, for none ever has been made, spurned even at the most distant hints thrown out that he could assist in restoring the ancient order of things, even if the Consular Go- vernment should be overturned. Those same royalists, who picked up such rumours in England, complain bitterly that, on their arrival in France, they find they had been deceived about Moreau, that he is far from being a royalist, and would not even hear the princes mentioned. It is not yet time to examine how they 02 ) arc no Senators brought to trial along With him? It may be said, but what is the interest of Roland ?* Roland's interest may be two- fold. At firft he may have been only a vile in- former, w^ho had invented a false accusation for a high salary ; and this appears probable, when we consider, that whilst the others were thrown into the Temple, he alone, the tempter of Moreau, and, of consequence more guilty than him, has been placed in the Abbey, where he constantly enjoys his sleep, the company of his friends, and receives his letters. The others are kept rigorously in secret cells. If, however, this is a mistake, and he was * If the reader will look at the last page of additional observations, he will see this question much better, and indeed very completely answered. It would appear,'' that the additional observations did not come out till after the trial was altogether or at least in part over.—' Translator's NoU, ( 103 ) a real conspirator, he may act thus to soften the severity of his puniihment. Already an idea of clemency was held out to him on an examination. " If you declare nothing," said they to him, " you will be looked upon as *' an accomplice ; if you do declare what *' you know, you may be considered as a " confident^ Was it necessary to say more to a base-minded man, to make him save himself by Ues, where he had not truths to discover? He cannot be beHeved, because he him- self is on his triaL He cannot be believed, because he gives no proofs or circumstances to support his assertions. He cannot be be- lieved, because probabilities give him the lie. He cannot be believed, because fugitive words are too liable to alteration for one to be certain that they were said absolutely in that particular sense and meaning. The whole proofs of that conspiracy, at- tributed to Moreau, consist in the deciara- ( 104 ) tion of a man who is himself accused. Mo- reau ought to be acquitted. It remains to speak to the crime imputed to General Moreau for net lodging an infor- mation. FIFTH COUNT. General Moreau did not hiform on the Con- spirators. TO denounce a crime, it is necessary for him who is to do that to be acquainted with it. He must know the end proposed, and means of execution. He who denounces, without proof suffi- cient to bring the delinquent to punishment, is by the law a calumniator. The denunciator is then to judge of th& crime against which he is to give informa- tion. If the guilt is not manifest, if the circum« stances and persons are uncertain, the duty of ti citizen does not require him to interfere. ( 105 ) There is question here of a great plot against the state. Such a plot can only be known when individuals unite> and commu- nicate their views, designs, and means of action, tending towards one general purpose. Moreau knew of no such conspiracy. All that he saw was Pichegru and Roland* As there was no witness to the conference with Pichegru, Moreau alone can know what passed. He has established sufficiently that the first conference was of no importance. The second consisted of questions and sup- positions, from which it appeared that, in case of certain events, Pichegru wished to restore the Bourbon family ; but when he found Moreau averse, he kept, as indeed he ought, his secret to himself. Was he to tell bis secret to a man who disapproved of his views, and would not act with him ? Moreau only knew of a wild idea of re- storing the Bourbons, which he found com- pletely ridiculous. Roland himself, Roland confesses that, on the l/th, he did not incipart to him any other. There is no mention any where of a re- gulated plan communicated to Moreau. If Moreau, knowing no more, and wishing to know no more, had denounced Pichegru, what would have been the consequence ? Pichegru was either gone off, or to be found in Paris. In the first case, producing no effect, it would have been blamed. In the second, Pichegru denying all, and Moreau having no proofs, Moreau w^ould have been left alone in the midst of his de- nunciation, and considered as a calumniator. Were we indeed to suppose that Moreau knew of a real conspiracy, practicable and near, then indeed, if he had not given infor- mation, he would have failed in his duty to ( 107 ) hk country. He might have been deemed indolent and careless, but could it be pu- nished as a crime ? — No. In the penal code of 1st September, 1791, and of 3d Brumaire, year 4, amongst a very numerous series of crimes and punishments, this is not to be found. The knowing of a crime, and not reveal- ing it, is no where mentioned ; yet these two laws contain the whole of our penal code. Since these laws were made, w^e know no crimes but such as are there men- tioned. An action not mentioned there may be blameable, but not punishable. It signifies nothing that an ancient law makes this a crime ; if it is not so by the new one, it is no crime for us. The penal code says so itself; and in fine there is neither crime nor punishment, un- less contained in the penal code. After that, it is useless to search in ancient laws for that which says, that he who con- P 2 ( 108 ) ceals a crime is equally guilty with him who commits it. We know there was such a law made by that suspicious monarch, Louis XL in 14/7. We know that Cardinal Richelieu punish- ed De Thou in virtue of this law : a process which, in recalling the execrated name of Labourdemont, recals also the horrors of which he was guilty. But what signifies so ancient a law, which was never but once put in force, and which none of the succes- sors of Louis XI ever caused to be renewed? Neither the famous ordinance of 15 3Q, fabricated by the Chancellor Puget to ruin Admiral Chabot, nor the ordinances of Or- leans and of Blois, nor any other ordinances known since 14/7, contain such an article. We should not have a legislative code adapted to every case, and forbidding every punishment it does not command, were it not for the danger of renewing a law 0£ violence, which the silence of centuries has ( 109 ) condemned to eternal oblivion, which the execration of posterity has followed in its single example, and to prevent the work of vengeance and despotism from being re- newed under the reign of liberty, and in the very temple of the laws. In terminating this melancholy defence, let us be permitted to express a sentiment which has weighed heavy on our hearts while we have been composing it. Moreau is accused of wishmg to grasp supreme power, and of conspiring against the Emperor. No ; we swear by honour and glory, Mo- reau is not guilty. No : Moreau could not wish again to involve us in the horrors of a new revolution. He who knows but too well what a devouring monster it is, since it tore away his father while the son v^'as fight- ing its battles. No ; Moreau could not wish the ruin of a country, where his name is ( 110 ) surrounded with so much glory. A man so modest, so free from ambition, when he had the means of reigning : he that was so free from jealousy of rivals, of far inferior capacity to himself, which a weak government set over him; surely he could never envy that fa- voured genius, whom Providence has formed to be the regulator of a great empire, and to whom one may yield without shame, so ho- nourable are still the places inferior to him. Ah ! — What ! when all the kings of Eu- rope court his alliance , when he has created kingdoms and distributed crowns, is it pos- sible, for an instant, to suppose that a thought of rivalship can enter into the heart of a man, who, whatever his abstract opinions re- lative to forms of government may be, has been always, during twelve years, faithful and obedient to the government that the will of the nation chose to institute ? He has been obedient to Joubert and Sherer, ( 111 ) and to the people of heroes. He cannot be ashamed to obey their chief. BONNET, ^p, ,. BELLART, i^^^^^^"?, PERIGNONj ^°^""^^- SUPPLEMENTARY OBSERVATIONS. AMONGST a great number of means of throwing off all blame from General Mo- reau, several have been omitted. We wish to bring forward one or two that are impor- tant. Already it has been observed how free he was from reproach in his connection with the Abbe David. The letter of the Gene- ral to him is a clear justification of their connection. In ten lines wc find a noble explanation of his conduct in the events which had preceded the 18th Fructidor of the year 5. Moreau's opinion on the blame attached ( 112 ) to Pichegru for his conduct in remaining united with the enemies of France, contain- " ed these words : I regret much that the *^ part he has taken these three last cam- ** paigns has confirmed that opinion," viz. that he was in the conspiracy of Fructidor. Yet he nevertheless testified his wish to be useful to Pichegru, and to put no obstacle in the way of his return to France. One must shut their eyes not to see in all this, instead of culpability and treason, love and attachment to his country, and genero- sity to an unfortunate friend. We must add, that all this is better proved now that the Abbe David declares distinctly that he imparted his plan of a reconciliation between Moreau and Pichegru to a number of Generals, who had nothing to do with intrigues or plots of any sort, and that he only acted with their approbation. It is now proved, that the words, in a letter from Pichegru to David, *' If you could bring me ( 113 ) ** a few words from the friend, you would " give me much pleasure," does not apply to Moreau, but to a senator, who has allowed this to be stated in his defence, and who in reaUty sent the few words which were found amongst David's papers when he was ar- rested. Another and more important object re- lates to Roland, of whose atrocious villainy there are proofs in every line of the absurd and frightful speech which he puts in the mouth of General Moreau. The improbability and falsity is palpable, but the speech that he gives to Moreau has so weighed upon his loyal and genero\is mind, that he requests that vve explain still farther the circumstances which are only pointed out in his defence, in order entirely to destroy its credibility. The question which brought on the an- swer of Roland, where we find the words Q ( 114 ) imputed to General Moreau, and the answer even of Roland, are necessary to be compared, in order to see how the one naturally pro- duced the other, and how it was impossible for Roland not to seize the opportunity of saving his life, which he expected. Indeed it is probable he bargained to purchase that by an atrocious calumny. To the first question, on the subject of the conference recounted by Pichegru to Boland, he answers, " It is already some " time since that conversation took place, ** and I cannot he certain, that that which " was said to me then has rema'i)ied very fa'ttJu ** S^^^b (accurately) on >vy memory, and I am ** liable to mistake^ Here comes an interrogation which occu- pies three pages, and in which they tell Ro- land that they know every thing that he has said or done, that t e new of his confe- rences with Pichegru, and they tell him that ( ''5 ) his apartment was so arranged, that, in spite of all his precautions, the secret was betray* ed. The question finishes thus: ** Take " good care that in preserving silence, you *' do not deprive justice of the knowledge '* of any fact that ought to be known. You " will force us to think, that mpJ ace of being " the confidant you have heen the accomplice of *' the men whom justice pursues. I request " you then to speak with greater frankness^ " and to tell me not only all that Pichegru ** has said to you, but all you have learnt " from Moreau, with whom it will be proved *' you were the second day that Pichegru *' lodged with you : you were heard speak *' by the same means; and you said to " Pichegru, that Moreau had a strong party " hi the senate^ that he (Moreau) was at the " head of an insurrection against the First " Consul and the Governor of Paris, and that *' there was question of the Bourbons, Q 2 ( 116 ) " i therefore command you to give ex- " planatlons on all the facts, and respecting *' the conferences to give us the whole " truth." It was on that question that Roland, afraid before of making a mistake, and who doubted the faithfulness of his memory, finds his re- collection, at once banishes all his foolish scruples, and goes on straight forward in the route pointed out to him. He acknow- ledges to have given wrong answers, but, under the expectation of never being more considered as an accomplice, but as a coti' Jida?ity he asserts, that Moreau told him he had a strong party in the senate^* * * * * j that he could obtain power, but for that purpose the Consul, &c. &c. must dis- appear. Who is it that cannot see the analogy be- tween the artful question and the answer ■ — how little appearance of truth there is ( "7 ) here ? The answer is destitute of all proba- bility. Roland, who till then had said nothing, although nearly connected with Pichegru, who had lodged in his house, having much to fear, and taking the hint from the ques- tion, that he may in future be considered as an accomplice, unless he answers properly, and saves himself by a great calumny. The matter is easily understood ; for, indepen- dent of the quality of the prisoner, the an- swer stands unconnected, and its credibility would be entirely lost by the situation in which the man who answers is placed, who saw that he could purchase his life by*- a guilty evidence. But let us go farther. Who was it that had revealed all this before Roland was in- terrogated } It must either have been Roland himself or other witnesses. If it was heard by other witnesses; wh^ ( 118 ) were they not produced ? If it was Roland, and that is very probable, who does not see him go grovelling to buy his life in promis- ing information, which he had previously invented. It would be superabundant to say any more on this subject. Roland is the only one who affirms the fact, and Moreau posi- tively denies it. Roland is an accused man, and according to every principle his declaration ought not to be taken, it can form no proof. It is supposed that Moreau wished to get hold of power. His character, his manners, his retirement from the world, both the great world and the small, the total absence of any witness that was intimate with him, or that knew him, the improbability of his making such a proposition to the partisans of the Bourbons, all that makes the accusation totally improbable. { "9 ) What just or impartial man will with- stand such clear demonstrations ? BONNET, ] Pleading BELLART, >Counsel- PERIGNONJ lors. FINIS. T. Gillet, Primer, Salisbury-square, /r^^ yt^^l IT' -V "^^