The duc d’Enghien was sentenced to death after a military trial found him guilty of treason. To this day it is not definitively known whether he was actually the “young prince” revealed by the British-paid terrorist Georges Cadoudal to be involved in what is dubbed the Cadoudal Plot, although all available information and my own intuition point towards his innocence in that matter; however, the fact remains that he was a traitor. He had made a public oath to overthrow the Republic, had taken up arms against France and personally fought against the Republic’s armies, and was in the midst of working on what appears to be another plot when he was arrested, the suggestive evidence being that he and his companions were in the process of burning several sets of papers when the soldiers came for him and the remaining papers detailed secret meetings in Paris, which not only would be illegal for the duc as he was exiled but also had the implication that he could have been in contact with Cadoudal. It is now supposed that he was in fact traveling to Paris to meet with his fiancée, but he made no declaration of this during his trial, nor would it be of much importance. The fact remains that the merciful pardon of émigrés excluded those who had, as it explicitly described, “not taken up against the Republic,” and so his return for any reason was warrant enough for death. Whether or not he was part of the Cadoudal Plot in particular, he was still a traitor, and the price for such treason was death. The argument presented is not on whether or not the proscribed penalty of death for treason is just, but rather that the sentence given him was in fact legal, despite the claims of a sect of naysayers.
By the end of the trial, the duc d’Enghien refused to offer a defense, contenting himself instead with writing to Napoleon for pardon as was permitted by the law, and accepted the final judgment of guilty of the charges:
1 – of having borne arms against the French Republic .2 – of having offered his services to the British Government, the enemy of France.
3 – of having received and harboured in his household agents of the British government, of having provided them with the means to carry out espionage in France and of having conspired with them against the internal and external security of the State.
4 – of placing himself at the head of a group of émigrés and others, funded by England, on the frontiers of France, in the states of Fribourg and Baden.
5 – of having carried out espionage in Strasbourg, of a kind liable to encourage unrest in the neighbouring departments, in order to create a diversion favourable to England.
6 – of being one of the supporters and accomplices of the conspiracy devised by the English against the life of the First Consul which, in the event of its success, would have led to the invasion of France
Of those charges, the only one which he could possibly have been innocent of would have been the 6th, which would have left more than enough warrant for his arrest and execution. As for the issue of his residence in Ettenheim, that must be put into context. At the time, the issue of “national borders” was not as it is today, and there would have been very little problem with officials seizing criminals from the fringes of their territory, as the duc was only on the very edge of France and Ettenheim [which was an independent state, noting that the unified political body of Germany would not exist until 1871 and it was neither part of Prussia nor Austria]. In addition, the duc had violated the terms of his stay in Ettenheim, which was on the conditions that he “did not conspire against the French government, its friends and allies ” and maintained “peaceful and discreet conduct.” Conspiring to reinstate the Bourbon monarchy and plotting with England violate the first condition, and publically swearing to overthrow the Republic and taking up arms against it both violate the second condition.
Ultimately, it was a conspiracy two of Napoleon’s ministers, Savery and Talleyrand, that sealed the duc’s fate. Savery was responsible for, of his own initiative, hassling the trial into moving quicker and of brutally executing the duc in despicable conditions, shooting him in the back of the head in front of a pre-dug grave in the middle of a rainy night, without even pretending to wait for Napoleon’s reply to the request for pardon, and Talleyrand withheld the request from Napoleon until he knew it would be too late. Whether or not he would have been pardoned is a subject for debate, but had it not been for those two self-absorbed and malicious ministers the duc would have met a dignified death at the guillotine during the day and in a better environment. The manner of the duc’s death was disgraceful, but his arrest and sentence were both entirely right and justifiable.