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.
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