Graham's Magazine Vol Xxxiii No. 1 July 1848

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"Had the French nation a right to judge Louis XVI. As a legaltribunal?" demands Lamartine. "No! Because the judge ought to beimpartial and disinterested--and the nation was neither the one northe other. In this terrible but inevitable combat, in which, under thename of revolution, royalty and liberty were engaged for emancipatingor enslaving the citizen, Louis XVI. Personified the throne, thenation personified liberty. This was not their fault, it was theirnature. All attempts at a mutual under
...standing were in vain. Theirnatures warred against each other in spite of their inclination towardpeace. Between these two adversaries, the king and the people, of whomthe one, by instinct, was prompted to retain, the other to wrest fromits antagonist the rights of the nation, there was no tribunal butcombat, no judge but victory. We do not mean to say that there was notabove the parties a moral of the case, and acts which judge evenvictory itself. This justice never perishes in the eclipse of the law, and the ruin of empires; but it has no tribunal before which it canlegally summon the accused; it is the justice of state, the justicewhich has neither regularly appointed judges, nor written laws, butwhich pronounces its sentences in men's consciences, and whose code isequity.

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