Note 329 — Chapter I

A few words as to Dupont’s fate may be added. His experiences during the next four years throw a curious light on the administration of military justice under the Empire. He, together with Vedel, Chabert, Marescot, Legendre, and the aide-de-camp Villoutreys, were arrested on returning to France, and thrown into prison. They were told to prepare for a trial before the Supreme High Court (Haute Cour Impériale), and a long series of interrogatories was administered to them. A military commission drew up a preliminary report on the case: on reading it the Emperor saw that Dupont had a fair defence to make on all the charges brought against him, with the exception of that of military incapacity. He countermanded the order for a trial, and the prisoners (after nine months of confinement) were released, but left under police surveillance. After Dupont had spent two years and a half of peace in the country-house of a relative, he was suddenly arrested at midnight on Feb. 12, 1812, and given a secret trial, not before a court of justice or a court-martial, but before a special military commission. He was allowed neither counsel nor documents, and forced to defend himself at forty-eight hours’ notice. The judges declared him guilty of having signed a capitulation containing ‘des conditions honteuses et avilissantes,’ but not of having surrendered without necessity, or of having shown cowardice or treason. Since the capitulation had been ‘contrary to the political interests of the Empire, and had compromised the safety of the State,’ while yet ‘there would be grave inconvenience in giving the accused a public trial,’ the court advised the Emperor to deprive Dupont of rank, title, and pension, and to relegate him to the country. The other accused officers might suffer the same penalties. Refusing to consider this a sufficient punishment, Napoleon shut up Dupont in the lonely fort of Joux, in the Jura, where he remained a prisoner till the fall of the Empire. Vedel and Legendre were pardoned, and afterwards served in Italy. Chabert and Villoutreys were put on half-pay.