TWO:Driven to desperation, Burgoyne now contemplated crossing the river in the very face of the enemy, and fighting his way through, and for this purpose he sent a party up the river to reconnoitre a suitable spot. Once over, he had little doubt of making his way to Fort Edward, and thence to the Canadian lakes. At this moment Gates was informed that Burgoyne had effected his passage, and that he had left only the rear-guard in the camp. He was in full march upon the camp, in the belief that he could seize it with ease, and part of his forces had actually crossed the fords of Fishkill, near which Burgoyne was strongly posted, when a spy or a deserter informed him of his mistake. Had it not been for this circumstance he must have suffered a surprise and a certain defeat, and the fortunes of Burgoyne would probably have been different. He was now on the alert to receive the Americans, and when, to his mortification, he saw them at a signal again retreating, he poured a murderous fire into them, and pursued them in confusion across the creek. This was his last chance. No news reached him from Clinton; but he ascertained that the Americans had already, in strong force, blocked up his way to Fort Edward. This was decisive. On the 13th he called together a council of war, at which every captain was invited to attend, and the unanimous result of the deliberations was that they must capitulate. Accordingly, an officer was sent with a note to the American headquarters that evening, to propose an interview between General Burgoyne and General Gates. The American General agreed to the meeting at ten o'clock the next morning. There Burgoyne stated that he was aware of the superiority of Gates's numbers, and, to spare the useless effusion of blood, he proposed a cessation of arms, to give time for a treaty to that effect.When the Bourbons had entered Paris in 1814 they had shown the utmost liberality towards those who had driven them from France and had murdered those of their family on the throne and nearest to it. They did not imitate the summary vengeance of Napoleon, whose Government, in 1812, had put to death not only General Mallet, who had endeavoured to restore the Bourbons, but also thirteen of his accomplices, on the plain of Grenelle. When Louis XVIII. returned, there were numbers of the bloody Revolutionists who had voted for, and some who had acted in, the frightful atrocities of the Revolutionmany who had urged on the sufferings, the indignities, and the death of Louis XVI., Marie Antoinette, the Princess Elizabeth, the Princess Lamballe, and the worst form of death of the unhappy Dauphin. Yet no vengeance was taken, and numbers of these people were allowed to reside unharmed in Paris. Having been now again driven forth, and seen the readiness with which those who had sworn to maintain their Government had taken their oaths and betrayed them, it might have been expected that there would have been some severe punishments. But the natural mildness of Louis XVIII., and the wise counsels of Wellington and Talleyrand, produced a very different scene. Never, after such provocations, and especially to the sensitive natures of Frenchmen, was so much lenity shown. In the proclamation of Louis XVIII. of the 24th of July, nineteen persons only were ordered for trial, and thirty-eight were ordered to quit Paris, and to reside in particular parts of France, under the observation of the police, till their fate should be decided by the Chambers. Of the nineteen threatened with capital punishment, with trial before a military tribunal, only Ney and Labdoyre suffered; another, Lavalette, was condemned, but escaped by changing dresses with his wife in prison. It was also stated that such individuals as should be condemned to exile should be allowed to sell their property in France, and carry the proceeds with them. Yet more clamour was raised by the Buonapartists about the deaths of Ney and Labdoyre than had been made in any executions by the Imperial or the Revolutionary parties over whole hecatombs of innocent persons. As for Ney and Labdoyre, their treason had been so barefaced and outrageous that no reasonable person could expect anything but summary punishment for them. Ney had declared to Louis XVIII. that he would bring Buonaparte to him in a cage, and then carried over his whole army at once to the Emperor. Labdoyre had been equally perjured after the most generous forgiveness of his former treasons, and he had been particularly active in stimulating the Parisians to make a useless resistance to the Allies approaching Paris, by stating that the Bourbons were preparing a most sanguinary proscription. Both officers knew that they had no hope of life, no plea of protection, and they fled in disguise. Yet vehement reproaches were cast on the Duke of Wellington for having, as the Buonapartists asserted, broken the 12th article of the Convention of Paris, by which the city was surrendered to the Allied armies. Madame Ney, after the seizure and condemnation of her husband, went to the Duke, and demanded his interference on the Marshal's behalf, as a right on the ground of this article, which she interpreted as guaranteeing all the inhabitants, of whatever political creed or conduct, from prosecution by the restored Government. It was in vain that Wellington explained to her that this article, and indeed the whole Convention, related solely to the military surrender, and not to the political measures of the Government of Louis, with which the Duke had[115] publicly and repeatedly declared that he had no concern, and in which he would not interfere. When the Commissioners from the Provisional Government had waited on him, so early as the 2nd of July, at Estres, and claimed exemption for political offenders, he showed them the proclamation of Louis, dated Cambray, the 28th of June, making exceptions to the general amnesty, and distinctly told them that he had no orders to interfere with the measures of the Bourbon Government. To this the Commissioners had nothing to object, and they thus clearly understood that the British commander would not take any part in political, but merely in military measures. Nevertheless, when Ney was executed, the clamour was renewed that Wellington had betrayed him. We now anticipate, somewhat, to dispose of this calumny, for there never was a party so recklessly addicted to charging their enemies with breach of faith as that of Buonaparte and his followers. The foul charge was so industriously disseminated over Europe, that Wellington, at Paris, on the 19th of November, 1815, issued a memorial on the subject, which he first caused to be sent to all the Allied Powers and then to be published. In this most decisive document he stated that the Convention of Paris related exclusively to the military occupation of the place, and was never intended, and could not be intended, to prevent either the existing French Government, the Provisional, or any French Government that might succeed it, from acting towards political offenders as it might deem proper. He had refused before to enter into a question of settling the Government. To make this clear, he quoted the 11th article, providing for the non-interference of the Allied army with property; and the 12th:"Seront pareillement respectes les personnes et les proprits particulires; les habitants, et en gnral tous les individus qui se trouvent dans la capitale, continueront jouir de leur droits et liberts sans pouvoir tre inquits, ou recherchs en rein, relativement aux fonctions qu'ils occupent ou avaient occupes, leur conduite, et leur opinions politiques." Labdoyre was shot on the 19th of August, 1815, and Ney on the 7th of December.
