Chapter 9

1 In the American pamphlet a footnote, probably added byBache, here says: "Even this article does not exist in themanner here stated." It is a pity Paine did not have in hisprison the article, which says: "No person holding anyoffice of profit or trust under them [the United States]shall, without the consent of Congress, accept of anypresent, emolument, office, or title of any kind whatever,from any king, prince, or foreign State."—Editor.

After this, a deputation from a body of the french people, in order to remove any objection that might be made against my assisting at the proposed Convention, requested the Assembly, as their representatives, to give me the title of French Citizen; after which, I was elected a member of the Convention, in four different departments, as is already known.(1)

The case, therefore, is, that I accepted nothing from any king, prince, or state, nor from any Government: for France was without any Government, except what arose from common consent, and the necessity of the case. Neither did Imake myself a servant of the french Republic, as the letter alluded to expresses; for at that time France was not a republic, not even in name. She was altogether a people in a state of revolution.

It was not until the Convention met that France was declared a republic, and monarchy abolished; soon after which a committee was elected, of which I was a member,(2) to form a Constitution, which was presented to the Convention [and read by Condorcet, who was also a member] the 15th and 16th of February following, but was not to be taken into consideration till after the expiration of two months,(3) and if approved of by the Convention, was then to be referred to the people for their acceptance, with such additions or amendments as the Convention should make.

1 The deputation referred to was described as the"Commission Extraordinaire," in whose name M. Guadet movedthat the title of French Citizen be conferred on Priestley,Paine, Bentham, Wilberforce, Clarkson, Mackintosh, DavidWilliams, Cormelle, Paw, Pestalozzi, Washington, Madison,Hamilton, Klopstock, Koscinsko, Gorani, Campe, AnacharsisClootz, Gilleers. This was on August 26, and Paine waselected by Calais on September 6,1792; and in the same weekby Oise, Somme, and Puy-de-Dome.—Editor.2 Sieves, Paine, Brissot, Pétion, Vergniaud, Gensonne,Barère, Danton, Condorcet.—Editor.3 The remainder of this sentence is replaced in the Americanpamphlet by the following: "The disorders and therevolutionary government that took place after this put astop to any further progress upon the case."—Editor.

In thus employing myself upon the formation of a Constitution, I certainly did nothing inconsistent with the American Constitution. I took no oath of allegiance to France, or any other oath whatever. I considered the Citizenship they had presented me with as an honorary mark of respect paid to me not only as a friend to liberty, but as an American Citizen. My acceptance of that, or of the deputyship, not conferred on me by any king, prince, or state, but by a people in a state of revolution and contending for liberty, required no transfer of my allegiance or of my citizenship from America to France. There I was a real citizen, paying Taxes; here, I was a voluntary friend, employing myself on a temporary service. Every American in Paris knew that it was my constant intention to return to America, as soon as a constitution should be established, and that I anxiously waited for that event.

I know not what opinions have been circulated in America. It may have been supposed there that I had voluntarily and intentionally abandoned America, and that my citizenship had ceased by my own choice. I can easily [believe] there are those in that country who would take such a proceeding on my part somewhat in disgust. The idea of forsaking old friendships for new acquaintances is not agreeable. I am a little warranted in making this supposition by a letter I received some time ago from the wife of one of the Georgia delegates in which she says "Your friends on this side the water cannot be reconciled to the idea of your abandoning America."

I have never abandoned her in thought, word or deed; and I feel it incumbent upon me to give this assurance to the friends I have in that country and with whom I have always intended and am determined, if the possibility exists, to close the scene of my life. It is there that I have made myself a home. It is there that I have given the services of my best days. America never saw me flinch from her cause in the most gloomy and perilous of her situations; and I know there are those in that country who will not flinch from me. If I have enemies (and every man has some) I leave them to the enjoyment of their ingratitude.*

* I subjoin in a note, for the sake of wasting the solitudeof a prison, the answer that I gave to the part of theletter above mentioned.   It is not inapplacable to thesubject of this Memorial; but it contain! somewhat of amelancholy idea, a little predictive, that I hope is notbecoming true so soon.

It is somewhat extraordinary that the idea of my not being a citizen of America should have arisen only at the time that I am imprisoned in France because, or on the pretence that, I am a foreigner. The case involves a strange contradiction of ideas. None of the Americans who came to France whilst I was in liberty had conceived any such idea or circulated any such opinion; and why it should arise now is a matter yet to be explained. However discordant the late American Minister G. M. [Gouverneur Morris] and the late French Committee of Public Safety were, it suited the purpose of both that I should be continued in arrestation. The former wished to prevent my return to America, that I should not expose his misconduct; and the latter, lest I should publish to the world the history of its wickedness. Whilst that Minister and the Committee continued I had no expectation of liberty. I speak here of the Committee of which Robespierre was member.(1)

"You touch me on a very tender point when you say that myfriends on your side the water cannot be reconciled to theidea of my abandoning America. They are right. I had rathersee my horse Button eating the grass of Borden-Town orMorrisania than see all the pomp and show of Europe."A thousand years hence (for I must indulge a few thoughts)perhaps in less, America may be what Europe now is. Theinnocence of her character, that won the hearts of allnations in her favour, may sound like a romance and herinimitable virtue as if it had never been. The ruin of thatliberty which thousands bled for or struggled to obtain mayjust furnish materials for a village tale or extort a sighfrom rustic sensibility, whilst the fashionable of that day,enveloped in dissipation, shall deride the principle anddeny the fact."When we contemplate the fall of Empires and the extinctionof the nations of the Ancient World, we see but little toexcite our regret than the mouldering ruins of pompouspalaces, magnificent museums, lofty pyramids and walls andtowers of the most costly workmanship; but when the Empireof America shall fall, the subject for contemplative sorrowwill be infinitely greater than crumbling brass and marblecan inspire. It will not then be said, here stood a templeof vast antiquity; here rose a babel of invisible height;or there a palace of sumptuous extravagance; but here, Ah,painful thought! the noblest work of human wisdom, thegrandest scene of human glory, the fair cause of Freedomrose and fell. Read this, and then ask if I forgetAmerica."—Author.

1 This letter, quoted also in Paine's Letter to Washington,was written from London, Jan. 6, 1789, to the wife of Col.Few, née Kate Nicholson. It is given in full in my "Life ofPaine," i., p. 247.—Editor.

THE MEMORIAL TO MONROE.

I ever must deny, that the article of the American constitution already mentioned, can be applied either verbally, intentionally, or constructively, to me. It undoubtedly was the intention of the Convention that framed it, to preserve the purity of the American republic from being debased by foreign and foppish customs; but it never could be its intention to act against the principles of liberty, by forbidding its citizens to assist in promoting those principles in foreign Countries; neither could it be its intention to act against the principles of gratitude.(1) France had aided America in the establishment of her revolution, when invaded and oppressed by England and her auxiliaries. France in her turn was invaded and oppressed by a combination of foreign despots. In this situation, I conceived it an act of gratitude in me, as a citizen of America, to render her in return the best services I could perform. I came to France (for I was in England when I received the invitation) not to enjoy ease, emoluments, and foppish honours, as the article supposes; but to encounter difficulties and dangers in defence of liberty; and I much question whether those who now malignantly seek (for some I believe do) to turn this to my injury, would have had courage to have done the same thing. I am sure Gouverneur Morris would not. He told me the second day after my arrival, (in Paris,) that the Austrians and Prussians, who were then at Verdun, would be in Paris in a fortnight. I have no idea, said he, that seventy thousand disciplined troops can be stopped in their march by any power in France.

1 This and the two preceding paragraphs, including thefootnote, are entirely omitted from the American pamphlet.It will be seen that Paine had now a suspicion of theconspiracy between Gouverneur Morris and those by whom hewas imprisoned. Soon after his imprisonment he had appliedto Morris, who replied that he had reclaimed him, andenclosed the letter of Deforgues quoted in my Introductionto this chapter, of course withholding his own letter to theMinister. Paine answered (Feb. 14, 1793): "You must notleave me in the situation in which this letter places me.You know I do not deserve it, and you see the unpleasantsituation in which I am thrown. I have made an answer to theMinister's letter, which I wish you to make ground of areply to him. They have nothing against me—except that theydo not choose I should lie in a state of freedom to write mymind freely upon things I have seen. Though you and I arenot on terms of the best harmony, I apply to you as theMinister of America, and you may add to that servicewhatever you think my integrity deserves. At any rate Iexpect you to make Congress acquainted with my situation,and to send them copies of the letters that have passed onthe subject. A reply to the Minister's letter is absolutelynecessary, were it only to continue the reclamation.Otherwise your silence will be a sort of consent to hisobservations." Deforgues' "observations" having beendictated by Morris himself, no reply was sent to him, and noword to Congress.—Editor.2 In the pamphlet this last clause of the sentence isomitted.—Editor..

Besides the reasons I have already given for accepting the invitations to the Convention, I had another that has reference particularly to America, and which I mentioned to Mr. Pinckney the night before I left London to come to Paris: "That it was to the interest of America that the system of European governments should be changed and placed on the same principle with her own." Mr. Pinckney agreed fully in the same opinion. I have done my part towards it.(1)

It is certain that governments upon similar systems agree better together than those that are founded on principles discordant with each other; and the same rule holds good with respect to the people living under them. In the latter case they offend each other by pity, or by reproach; and the discordancy carries itself to matters of commerce. I am not an ambitious man, but perhaps I have been an ambitious American. I have wished to see America theMother Churchof government, and I have done my utmost to exalt her character and her condition.

1 In the American pamphlet the name of Pinckney (AmericanMinister in England) is left blank in this paragraph, andthe two concluding sentences are omitted from both theFrench and American pamphlets.—Editor.,

I have now stated sufficient matter, to shew that the Article in question is not applicable to me; and that any such application to my injury, as well in circumstances as in Rights, is contrary both to the letter and intention of that Article, and is illegal and unconstitutional. Neither do I believe that any Jury in America, when they are informed of the whole of the case, would give a verdict to deprive me of my Rights upon that Article. The citizens of America, I believe, are not very fond of permitting forced and indirect explanations to be put upon matters of this kind. I know not what were the merits of the case with respect to the person who was prosecuted for acting as prize master to a french privateer, but I know that the jury gave a verdict against the prosecution. The Rights I have acquired are dear to me. They have been acquired by honourable means, and by dangerous service in the worst of times, and I cannot passively permit them to be wrested from me. I conceive it my duty to defend them, as the case involves a constitutional and public question, which is, how far the power of the federal government (1) extends, in depriving any citizen of his Rights of Citizenship, or of suspending them.

That the explanation of National Treaties belongs to Congress is strictly constitutional; but not the explanation of the Constitution itself, any more than the explanation of Law in the case of individual citizens. These are altogether Judiciary questions. It is, however, worth observing, that Congress, in explaining the Article of the Treaty with respect to french prizes and french privateers, confined itself strictly to the letter of the Article. Let them explain the Article of the Constitution with respect to me in the same manner, and the decision, did it appertain to them, could not deprive me of my Rights of Citizenship, or suspend them, for I have accepted nothing from any king, prince, state, or Government.

You will please to observe, that I speak as if the federal Government had made some declaration upon the subject of my Citizenship; whereas the fact is otherwise; and your saying that you have no order respecting me is a proof of it. Those therefore who propagate the report of my not being considered as a Citizen of America by Government, do it to the prolongation of my imprisonment, and without authority; for Congress,as a government, has neither decided upon it, nor yet taken the matter into consideration; and I request you to caution such persons against spreading such reports. But be these matters as they may, I cannot have a doubt that you find and feel the case very different, since you have heard what I have to say, and known what my situation is [better] than you did before your arrival.

1 In the pamphlet occurs here a significant parenthesis byBache:  "it should have been said in this case, how far theExecutive."—Editor..

But it was not the Americans only, but the Convention also, that knew what my intentions were upon that subject. In my last discourse delivered at the Tribune of the Convention, January 19,1793, on the motion for suspending the execution of Louis 16th, I said (the Deputy Bancal read the translation in French): "It unfortunately happens that the person who is the subject of the present discussion, is considered by the Americans as having been the friend of their revolution. His execution will be an affliction to them, and it is in your power not to wound the feelings of your ally. Could I speak the french language I would descend to your bar, and in their name become your petitioner to respite the execution of the sentence/"—"As the convention was elected for the express purpose of forming a Constitution, its continuance cannot be longer than four or five months more at furthest; and if, after myreturn to America, I should employ myself in writing the history of the french Revolution, I had rather record a thousand errors on the side of mercy, than be obliged to tell one act of severe Justice."—"Ah Citizens! give not the tyrant of England the triumph of seeing the man perish on a scaffold who had aided my much-loved America."

Does this look as if I had abandoned America? But if she abandons me in the situation I am in, to gratify the enemies of humanity, let that disgrace be to herself. But I know the people of America better than to believe it,(1) tho' I undertake not to answer for every individual.

When this discourse was pronounced, Marat launched himself into the middle of the hall and said that "I voted against the punishment of death because I was a quaker." I replied that "I voted against it both morally and politically."

1 In the French pamphlet: "pour jamais lui prêter du telssentiments."

I certainly went a great way, considering the rage of the times, in endeavouring to prevent that execution. I had many reasons for so doing. I judged, and events have shewn that I judged rightly, that if they once began shedding blood, there was no knowing where it would end; and as to what the world might callhonourthe execution would appear like a nation killing a mouse; and in a political view, would serve to transfer the hereditary claim to some more formidable Enemy. The man could do no more mischief; and that which he had done was not only from the vice of his education, but was as much the fault of the Nation in restoring him after he had absconded June 21st, 1791, as it was his. I made the proposal for imprisonment until the end of the war and perpetual banishment after the war, instead of the punishment of death. Upwards of three hundred members voted for that proposal. The sentence for absolute death (for some members had voted the punishment of death conditionally) was carried by a majority of twenty-five out of more than seven hundred.

I return from this digression to the proper subject of my memorial.(1)

1 This and the preceding five paragraphs, and five followingthe nest, are omitted from the American pamphlet.—Editor..

Painful as the want of liberty may be, it is a consolation to me to believe, that my imprisonment proves to the world, that I had no share in the murderous system that then reigned. That I was an enemy to it, both morally and politically, is known to all who had any knowledge of me; and could I have written french as well as I can English, I would publicly have exposed its wickedness and shewn the ruin with which it was pregnant. They who have esteemed me on former occasions, whether in America or in Europe will, I know, feel no cause to abate that esteem, when they reflect, thatimprisonment with preservation of character is preferable to liberty with disgrace.

I here close my Memorial and proceed to offer you a proposal that appears to me suited to all the circumstances of the case; which is, that you reclaim me conditionally, until the opinion of Congress can be obtained on the subject of my citizenship of America; and that I remain in liberty under your protection during that time.

I found this proposal upon the following grounds.

First, you say you have no orders respecting me; consequently, you have no ordersnotto reclaim me; and in this case you are left discretionary judge whether to reclaim or not. My proposal therefore unites a consideration of your situation with my own.

Secondly, I am put in arrestation because I am a foreigner. It is therefore necessary to determine to what country I belong. The right of determining this question cannot appertain exclusively to the Committee of Public Safety or General Surety; because I appeal to the Minister of the United States, and show that my citizenship of that country is good and valid, referring at the same time, thro' the agency of the Minister, my claim of right to the opinion of Congress. It being a matter between two Governments.

Thirdly. France does not claim me fora citizen; neither do I set up any claim of citizenship in France. The question is simply, whether I am or am not a citizen of America. I am imprisoned here on the decree for imprisoning foreigners, because, say they, I was born in England. I say in answer that, though born in England, I am not a subject of the English Government any more than any other American who was born, as they all were, under the same Government, or than the Citizens of France are subjects of the French Monarchy under which they were born. I have twice taken the oath of abjuration to the British King and Government and of Allegiance to America,—once as a citizen of the State of Pennsylvania in 1776, and again before Congress, administered to me by the President, Mr. Hancock, when I was appointed Secretary in the Office of Foreign Affairs in 1777.

The letter before quoted in the first page of this memorial, says, "It would be out of character for an American minister to interfere in the internal affairs of France." This goes on the idea that I am a citizen of France, and a member of the Convention, which is not the fact. The Convention have declared me to be a foreigner; and consequently the citizenship and the election are null and void.(1) It also has the appearance of a Decision, that the article of the Constitution, respecting grants made to American Citizens by foreign kings, princes, or states, is applicable to me; which is the very point in question, and against the application of which I contend. I state evidence to the Minister, to shew that I am not within the letter or meaning of that Article; that it cannot operate against me; and I apply to him for the protection that I conceive I have a right to ask and to receive. The internal affairs of France are out of the question with respect to my application or his interference. I ask it not as a citizen of France, for I am not one: I ask it not as a member of the Convention, for I am not one; both these, as before said, have been rendered null and void; I ask it not as a man against whom there is any accusation, for there is none; I ask it not as an exile from America, whose liberties I have honourably and generously contributed to establish; I ask it as a Citizen of America, deprived of his liberty in France, under the plea of being a foreigner; and I ask it because I conceive I am entitled to it, upon every principle of Constitutional Justice and National honour.(2)

1 In the pamphlet: "The Convention included me in the votefor dismissing foreigners from the Convention, and theCommittees imprisoned me as a foreigner."—Editor.2 All  previous editions of the pamphlet end with thisword.—Editor.

But tho' I thus positively assert my claim because I believe I have a right to do so, it is perhaps most eligible, in the present situation of things, to put that claim upon the footing I have already mentioned; that is, that the Minister reclaims me conditionally until the opinion of Congress can be obtained on the subject of my citizenship of America, and that I remain in liberty under the protection of the Minister during that interval.

N. B. I should have added that as Gouverneur Morris could not inform Congress of the cause of my arrestation, as he knew it not himself, it is to be supposed that Congress was not enough acquainted with the case to give any directions respecting me when you came away.

T.P. ADDENDA.

Letters, hitherto unpublished, written by Paine to Monroe before his release on November 4., 1794.

1. Luxembourg Mem Vendemaire, Old Style Oct 4th 1794

Dear Sir: I thank you for your very friendly and affectionate letter of the 18th September which I did not receive till this morning.(1) It has relieved my mind from a load of disquietude. You will easily suppose that if the information I received had been exact, my situation was without hope. I had in that case neither section, department nor Country, to reclaim me; but that is not all, I felt a poignancy of grief, in having the least reason to suppose that America had so soon forgotten me who had never forgotten her.

Mr. Labonadaire, in a note of yesterday, directed me to write to the Convention. As I suppose this measure has been taken in concert with you, I have requested him to shew you the letter, of which he will make a translation to accompany the original.

(I cannot see what motive can induce them to keep me in prison. It will gratify the English Government and afflict the friends I have in America. The supporters of the system of Terror might apprehend that if I was in liberty and in America I should publish the history of their crimes, but the present persons who have overset that immoral System ought to have no such apprehension. On the contrary, they ought to consider me as one of themselves, at least as one of their friends. Had I been an insignificant character I had not been in arrestation. It was the literary and philosophical reputation I had gained, in the world, that made them my Enemies; and I am the victim of the principles, and if I may be permitted to say it, of the talents, that procured me the esteem of America. My character is thesecretof my arrestation.)

1 Printed in the letter to Washington, chap. XXII. The delayof sixteen days in Monroe's letter was probably due to themanouvres of Paine's enemies on the Committee of PublicSafety. He was released only after their removal from theCommittee, and the departure of Gouverneur Morris.—Editor.,

If the letter I have written be not covered by other authority than my own it will have no effect, for they already know all that I can say. On what ground do they pretend to deprive America of the service of any of her citizens without assigning a cause, or only the flimsy one of my being born in England? Gates, were he here, might be arrested on the same pretence, and he and Burgoyne be confounded together.

It is difficult for me to give an opinion, but among other things that occur to me, I think that if you were to say that, as it will be necessary to you to inform the Government of America of my situation, you require an explanation with the Committee upon that subject; that you are induced to make this proposal not only out of esteem for the character of the person who is the personal object of it, but because you know that his arrestation will distress the Americans, and the more so as it will appear to them to be contrary to their ideas of civil and national justice, it might perhaps have some effect. If the Committee [of Public Safety] will do nothing, it will be necessary to bring this matter openly before the Convention, for I do most sincerely assure you, from the observations that I hear, and I suppose the same are made in other places, that the character of America lies under some reproach. All the world knows that I have served her, and they see that I am still in prison; and you know that when people can form a conclusion upon a simple fact, they trouble not themselves about reasons. I had rather that America cleared herself of all suspicion of ingratitude, though I were to be the victim.

You advise me to have patience, but I am fully persuaded that the longer I continue in prison the more difficult will be my liberation. There are two reasons for this: the one is that the present Committee, by continuing so long my imprisonment, will naturally suppose that my mind will be soured against them, as it was against those who put me in, and they will continue my imprisonment from the same apprehensions as the former Committee did; the other reason is, that it is now about two months since your arrival, and I am still in prison. They will explain this into an indifference upon my fate that will encourage them to continue my imprisonment. When I hear some people say that it is the Government of America that now keeps me in prison by not reclaiming me, and then pour forth a volley of execrations against her, I know not how to answer them otherwise than by a direct denial which they do not appear to believe. You will easily conclude that whatever relates to imprisonments and liberations makes a topic of prison conversation; and as I am now the oldest inhabitant within these walls, except two or three, I am often the subject of their remarks, because from the continuance of my imprisonment they auger ill to themselves. You see I write you every thing that occurs to me, and I conclude with thanking you again for your very friendly and affectionate letter, and am with great respect,

Your's affectionately,

Thomas Paine.

(To day is the anniversary of the action at German Town. [October 4, 1777.] Your letter has enabled me to contradict the observations before mentioned.)

2. Oct 13, 1794 Dear Sir: On the 28th of this Month (October) I shall have suffered ten months imprisonment, to the dishonour of America as well as of myself, and I speak to you very honestly when I say that my patience is exhausted. It is only my actual liberation that can make me believe it. Had any person told me that I should remain in prison two months after the arrival of a new Minister, I should have supposed that he meant to affront me as an American. By the friendship and sympathy you express in your letter you seem to consider my imprisonment as having connection only with myself, but I am certain that the inferences that follow from it have relation also to the National character of America, I already feel this in myself, for I no longer speak with pride of being a citizen of that country. Is it possible Sir that I should, when I am suffering unjust imprisonment under the very eye of her new Minister?

While there was no Minister here (for I consider Morris as none) nobody wondered at my imprisonment, but now everybody wonders. The continuance of it under a change of diplomatic circumstances, subjects me to the suspicion of having merited it, and also to the suspicion of having forfeited my reputation with America; and it subjects her at the same time to the suspicion of ingratitude, or to the reproach of wanting national or diplomatic importance. The language that some Americans have held of my not being considered as an American citizen, tho' contradicted by yourself, proceeds, I believe, from no other motive, than the shame and dishonour they feel at the imprisonment of a fellow-citizen, and they adopt this apology, at my expence, to get rid of that disgrace. Is it not enough that I suffer imprisonment, but my mind also must be wounded and tortured with subjects of this kind? Did I reason from personal considerations only, independent of principles and the pride of having practiced those principles honourably, I should be tempted to curse the day I knew America. By contributing to her liberty I have lost my own, and yet her Government beholds my situation in silence. Wonder not, Sir, at the ideas I express or the language in which I express them. If I have a heart to feel for others I can feel also for myself, and if I have anxiety for my own honour, I have it also for a country whose suffering infancy I endeavoured to nourish and to which I have been enthusiastically attached. As to patience I have practiced it long—as long as it was honorable to do so, and when it goes beyond that point it becomes meanness.

I am inclined to believe that you have attended to my imprisonment more as a friend than as a Minister. As a friend I thank you for your affectionate attachment. As a Minister you have to look beyond me to the honour and reputation of your Government; and your Countrymen, who have accustomed themselves to consider any subject in one line of thinking only, more especially if it makes a strong [impression] upon them, as I believe my situation has made upon you, do not immediately see the matters that have relation to it in another line; and it is to bring these two into one point that I offer you these observations. A citizen and his country, in a case like mine, are so closely connected that the case of one is the case of both.

When you first arrived the path you had to pursue with respect to my liberation was simple. I was imprisoned as a foreigner; you knew that foreigner to be a citizen of America, and you knew also his character, and as such you should immediately have reclaimed him. You could lose nothing by taking strong ground, but you might lose much by taking an inferior one; but instead of this, which I conceive would have been the right line of acting, you left me in their hands on the loose intimation that my liberation would take place without your direct interference, and you strongly recommended it to me to wait the issue. This is more than seven weeks ago and I am still in prison. I suspect these people are trifling with you, and if they once believe they can do that, you will not easily get any business done except what they wish to have done.

When I take a review of my whole situation—my circumstances ruined, my health half destroyed, my person imprisoned, and the prospect of imprisonment still staring me in the face, can you wonder at the agony of my feelings? You lie down in safety and rise to plenty; it is otherwise with me; I am deprived of more than half the common necessaries of life; I have not a candle to burn and cannot get one. Fuel can be procured only in small quantities and that with great difficulty and very dear, and to add to the rest, I am fallen into a relapse and am again on the sick list. Did you feel the whole force of what I suffer, and the disgrace put upon America by this injustice done to one of her best and most affectionate citizens, you would not, either as a friend or Minister, rest a day till you had procured my liberation. It is the work of two or three hours when you set heartily about it, that is, when you demand me as an American citizen, or propose a conference with the Committee upon that subject; or you may make it the work of a twelve-month and not succeed. I know these people better than you do.

You desire me to believe that "you are placed here on a difficult Theatre with many important objects to attend to, and with but few to consult with, and that it becomes you in pursuit of these to regulate your conduct with respect to each, as to manner and time, as will in your judgment be best calculated to accomplish the whole." As I know not what these objects are I can say nothing to that point. But I have always been taught to believe that the liberty of a Citizen was the first object of all free Governments, and that it ought not to give preference to, or be blended with, any other. It is that public object that all the world can see, and which obtains an influence upon public opinion more than any other. This is not the case with the objects you allude to. But be those objects what they may, can you suppose you will accomplish them the easier by holding me in the back-ground, or making me only an accident in the negotiation? Those with whom you confer will conclude from thence that you do not feel yourself very strong upon those points, and that you politically keep me out of sight in the meantime to make your approach the easier.

There is one part in your letter that is equally as proper should be communicated to the Committee as to me, and which I conceive you are under some diplomatic obligation to do. It is that part which you conclude by saying that "to the welfare of Thomas Paine the Americans are not and cannot be indifferent." As it is impossible the Americans can preserve their esteem for me and for my oppressors at the same time, the injustice to me strikes at the popular part of the Treaty of Alliance. If it be the wish of the Committee to reduce the treaty to a mere skeleton of Government forms, they are taking the right method to do it, and it is not improbable they will blame you afterwards for not in-forming them upon the subject. The disposition to retort has been so notorious here, that you ought to be guarded against it at all points.

You say in your letter that you doubt whether the gentleman who informed me of the language held by some Americans respecting my citizenship of America conveyed even his own ideas clearly upon the subject.(1) I know not how this may be, but I believe he told me the truth. I received a letter a few days ago from a friend and former comrade of mine in which he tells me, that all the Americans he converses with, say, that I should have been in liberty long ago if the Minister could have reclaimed me as an American citizen. When I compare this with the counter-declarations in your letter I can explain the case no otherwise than I have already done, that it is an apology to get rid of the shame and dishonour they feel at the imprisonment of an American citizen, and because they are not willing it should be supposed there is want of influence in the American Embassy. But they ought to see that this language is injurious to me.

On the 2d of this month Vendemaire I received a line from Mr. Beresford in which he tells me I shall be in liberty in two or three days, and that he has this from good authority. On the 12th I received a note from Mr. Labonadaire, written at the Bureau of the Concierge, in which he tells me of the interest you take in procuring my liberation, and that after the steps that had been already taken that I ought to write to the Convention to demand my libertypurely and simplyas a citizen of the United States of America. He advised me to send the letter to him, and he would translate it. I sent the letter inclosing at the same time a letter to you. I have heard nothing since of the letter to the Convention. On the 17th I received a letter from my former comrade Vanhuele, in which he says "I am just come from Mr. Russell who had yesterday a conversation with your Minister and your liberation is certain—you will be in liberty to-morrow." Vanhuele also adds, "I find the advice of Mr. Labonadaire good, for tho' you have some enemies in the Convention, the strongest and best part are in your favour." But the case is, and I felt it whilst I was writing the letter to the Convention, that there is an awkwardness in my appearing, you being present; for every foreigner should apply thro' his Minister, or rather his Minister for him.

1 The letter of Peter Whiteside, quoted at the beginning ofthe Memorial. See introduction to the Memorial. It wouldseem from this whole letter that it was not known byAmericans in Paris that Monroe had been kept ont of hisoffice by Morris for nearly a month after his arrival inParis.—Editor.

When I thus see day after day and month after month, and promise after promise, pass away without effect, what can I conclude but that either the Committees are secretly determined not to let me go, or that the measures you take are not pursued with the vigor necessary to give them effect; or that the American National character is without sufficient importance in the French Republic? The latter will be gratifying to the English Government. In short, Sir, the case is now arrived to that crisis, that for the sake of your own reputation as a Minister you ought to require a positive answer from the Committee. As to myself, it is more agreeable to me now to contemplate an honourable destruction, and to perish in the act of protesting against the injustice I suffer, and to caution the people of America against confiding too much in the Treaty of Alliance, violated as it has been in every principle, and in my imprisonment though an American Citizen, than remain in the wretched condition I am. I am no longer of any use to the world or to myself.

There was a time when I beheld the Revolution of the 10th. Thermidor [the fall of Robespierre] with enthusiasm. It was the first news my comrade Vanhuele communicated to me during my illness, and it contributed to my recovery. But there is still something rotten at the Center, and the Enemies that I have, though perhaps not numerous, are more active than my friends. If I form a wrong opinion of men or things it is to you I must look to set me right. You are in possession of the secret. I know nothing of it. But that I may be guarded against as many wants as possible I shall set about writing a memorial to Congress, another to the State of Pennsylvania, and an address to the people of America; but it will be difficult for me to finish these until I know from yourself what applications you have made for my liberation, and what answers you have received.

Ah, Sir, you would have gotten a load of trouble and difficulties off your hands that I fear will multiply every day, had you made it a point to procure my liberty when you first arrived, and not left me floating on the promises of men whom you did not know. You were then a new character. You had come in consequence of their own request that Morris should be recalled; and had you then, before you opened any subject of negociation that might arise into controversy, demanded my liberty either as a Civility or as a Right I see not how they could have refused it.

I have already said that after all the promises that have been made I am still in prison. I am in the dark upon all the matters that relate to myself. I know not if it be to the Convention, to the Committee of Public Safety, of General Surety, or to the deputies who come sometimes to the Luxembourg to examine and put persons in liberty, that applications have been made for my liberation. But be it to whom it may, my earnest and pressing request to you as Minister is that you will bring this matter to a conclusion by reclaiming me as an American citizen imprisoned in France under the plea of being a foreigner born in England; that I may know the result, and how to prepare the Memorials I have mentioned, should there be occasion for them. The right of determining who are American citizens can belong only to America. The Convention have declared I am not a French Citizen because she has declared me to be a foreigner, and have by that declaration cancelled and annulled the vote of the former assembly that conferred the Title of Citizen upon Citizens or subjects of other Countries. I should not be honest to you nor to myself were I not to express myself as I have done in this letter, and I confide and request you will accept it in that sense and in no other.

I am, with great respect, your suffering fellow-citizen,

Thomas Paine.

P. S.—If my imprisonment is to continue, and I indulge very little hope to the contrary, I shall be under the absolute necessity of applying to you for a supply of several articles. Every person here have their families or friends upon the spot who make provision for them. This is not the case with me; I have no person I can apply to but the American Minister, and I can have no doubt that if events should prevent my repaying the expence Congress or the State of Pennsylvania will discharge it for me.

To day is 22 Vendemaire Monday October 13, but you will not receive this letter till the 14th. I will send the bearer to you again on the 15th, Wednesday, and I will be obliged to you to send me for the present, three or four candles, a little sugar of any kind, and some soap for shaving; and I should be glad at the same time to receive a line from you and a memorandum of the articles. Were I in your place I would order a Hogshead of Sugar, some boxes of Candles and Soap from America, for they will become still more scarce. Perhaps the best method for you to procure them at present is by applying to the American Consuls at Bordeaux and Havre, and have them up by the diligence.

3. [Undated.]

Dear Sir: As I have not yet received any answer to my last, I have amused myself with writing you the inclosed memoranda. Though you recommend patience to me I cannot but feel very pointedly the uncomfortableness of my situation, and among other reflections that occur to me I cannot think that America receives any credit from the long imprisonment that I suffer. It has the appearance of neglecting her citizens and her friends and of encouraging the insults of foreign nations upon them, and upon her commerce. My imprisonment is as well and perhaps more known in England than in France, and they (the English) will not be intimidated from molesting an American ship when they see that one of her best citizens (for I have a right to call myself so) can be imprisoned in another country at the mere discretion of a Committee, because he is a foreigner.

When you first arrived every body congratulated me that I should soon, if not immediately, be in liberty. Since that time about two hundred have been set free from this prison on the applications of their sections or of individuals—and I am continually hurt by the observations that are made—"that a section in Paris has more influence than America."

It is right that I furnish you with these circumstances. It is the effect of my anxiety that the character of America suffer no reproach; for the world knows that I have acted a generous duty by her. I am the third American that has been imprisoned. Griffiths nine weeks, Haskins about five, and myself eight [months] and yet in prison. With respect to the two former there was then no Minister, for I consider Morris as none; and they were liberated on the applications of the Americans in Paris. As to myself I had rather be publicly and honorably reclaimed, tho' the reclamation was refused, than remain in the uncertain situation that I am. Though my health has suffered my spirits are not broken. I have nothing to fear unless innocence and fortitude be crimes. America, whatever may be my fate, will have no cause to blush for me as a citizen; I hope I shall have none to blush for her as a country. If, my dear Sir, there is any-thing in the perplexity of ideas I have mistaken, only suppose yourself in my situation, and you will easily find an excuse for it. I need not say how much I shall rejoice to pay my respects to you without-side the walls of this prison, and to enquire after my American friends. But I know that nothing can be accomplished here but by unceasing perseverance and application. Yours affectionately.

4. October 20, 1794.

Dear Sir: I recd. your friendly letter of the 26 Vendemaire on the day it was written, and I thank you for communicating to me your opinion upon my case. Ideas serve to beget ideas, and as it is from a review of every thing that can be said upon a subject, or is any ways connected with it, that the best judgment can be formed how to proceed, I present you with such ideas as occur to me. I am sure of one thing, which is that you will give them a patient and attentive perusal.

You say in your letter that "I must be sensible that although I am an American citizen, yet if you interfere in my behalf as the Minister of my country you must demand my liberation only in case there be no charge against me; and that if there is I must be brought to trial previously, since no person in aprivatecharacter can be exempt from the laws of the country in which he resides."—This is what I have twice attempted to do. I wrote a letter on the 3d Sans Culottodi(1) to the Deputies, members of the Committee of Surety General, who came to the Luxembourg to examine the persons detained. The letter was as follows:—"Citizens Representatives: I offer myself for examination. Justice is due to every Man. It is Justice only that I ask.—Thomas Paine."

As I was not called for examination, nor heard anything in consequence of my letter the first time of sending it, I sent a duplicate of it a few days after. It was carried to them by my good friend and comrade Vanhuele, who was then going in liberty, having been examined the day before. Vanhuele wrote me on the next day and said: "Bourdon de l'Oise [who was one of the examining Deputies] is the most inveterate enemy you can have. The answer he gave me when I presented your letter put me in such a passion with him that I expected I should be sent back again to prison." I then wrote a third letter but had not an opportunity of sending it, as Bourdon did not come any more till after I received Mr. Labonadaire's letter advising me to write to the Convention. The letter was as follows:—"Citizens, I have twice offered myself for examination, and I chose to do this while Bourdon de l'Oise was one of the Commissioners.


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