They surrounded the chateau; and Ney at
once surrendered himself. Perhaps he did not foresee the fatal issue of
his trial; some of his friends say that he even wished it to take place
immediately, that he might have an opportunity to contradict a report
that Louis had presented him with half a million of francs, on his
departure for Besancon.
A council of war, composed of French marshals, was appointed to try him;
but they had little inclination to pass sentence on an old companion in
arms; and declared their incompetency to try one, who, when he
consummated his treason, was a peer of France. Accordingly, by a royal
ordinance of November 12th, the Chamber of Peers were directed to take
cognizance of the affair. His defence was made to rest by his
advocates--first, on the twelfth article of the capitulation, and when
this was overruled, on the ground of his no longer being amenable to
French laws, since Sarre-Louis, his native town, had recently been
dissevered from France. This the prisoner himself overruled; "I _am_ a
Frenchman, (cried Ney), and I will die a Frenchman!" The result was that
he was found guilty and condemned to death by an immense majority, one
hundred and sixty-nine to seventeen.
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