1 Festival of Labour, September 19, 1794.—Editor..
This Deputy has said in the Convention that I intrigued with an ancient agent of the Bureau of Foreign Affairs. My examination therefore while he is present will give him an opportunity of proving his charge or of convincing himself of his error. If Bourdon de l'Oise is an honest man he will examine me, but lest he should not I subjoin the following. That which B[ourdon] calls an intrigue was at the request of a member of the former Committee of Salut Public, last August was a twelvemonth. I met the member on the Boulevard. He asked me something in French which I did not understand and we went together to the Bureau of Foreign Affairs which was near at hand. The Agent (Otto, whom you probably knew in America) served as interpreter, The member (it was Barère) then asked me 1st, If I could furnish him with the plan of Constitution I had presented to the Committee of Constitution of which I was member with himself, because, he said, it contained several things which he wished had been adopted: 2dly, He asked me my opinion upon sending Commissioners to the United States of America: 3dly, If fifty or an hundred ship loads of flour could be procured from America. As verbal interpretation was tedious, it was agreed that I should give him my opinion in writing, and that the Agent [Otto] should translate it, which he did. I answered the first question by sending him the plan [of a Constitution] which he still has. To the second, I replied that I thought it would be proper to send Commissioners, because that in Revolutions circumstances change so fast that it was often necessary to send a better supply of information to an Ally than could be communicated by writing; and that Congress had done the same thing during the American War; and I gave him some information that the Commissioners would find useful on their arrival. I answered the third question by sending him a list of American exports two years before, distinguishing the several articles by which he would see that the supply he mentioned could be obtained. I sent him also the plan of Paul Jones, giving it as his, for procuring salt-petre, which was to send a squadron (it did not require a large one) to take possession of the Island of St. Helen's, to keep the English flag flying at the port, that the English East India ships coming from the East Indies, and that ballast with salt-petre, might be induced to enter as usual; And that it would be a considerable time before the English Government could know of what had happened at St. Helen's. See here what Bourdon de l'Oise has called an intrigue.—If it was an intrigue it was between a Committee of Salut Public and myself, for the Agent was no more than the interpreter and translator, and the object of the intrigue was to furnish France with flour and salt-petre."—I suppose Bourdon had heard that the agent and I were seen together talking English, and this was enough forhimto found his charge upon.(1)
You next say that "I must likewise be sensible that although I am an American citizen that it is likewise believed there [in America] that I am become a citizen of France, and that in consequence this latter character has so far [illegible] the former as to weaken if not destroy any claim you might have to interpose in my behalf." I am sorry I cannot add any new arguments to those I have already advanced on this part of the subject. But I cannot help asking myself, and I wish you would ask the Committee, if it could possibly be the intention of France tokidnapcitizens from America under the pretence of dubbing them with the title of French citizens, and then, after inviting or rather enveigling them into France, make it a pretence for detaining them? If it was, (which I am sure it was not, tho' they now act as if it was) the insult was to America, tho' the injury was to me, and the treachery was to both.
1 The communications of Paine to Barère are given in my"Life of Paine," vol. ii-i PP. 73, 87. Otto was Secretary tothe Minister of Foreign Affairs when he acted as interpreterbetween Paine and Barère. There was never any charge at allmade against Paine, as the Archives of France now prove,save that he was a "foreigner." Paine was of coarse ignorantof the conspiracy between Morris and Deforgues which hadimprisoned him. Bourdon de l'Oise, one of the most cruelJacobins and Terrorists, afterwards conspired with Pichegruto overthrow the Republic, and was with him banished (1797)to Sinamari, South America, where he died soon after hisarrival.—Editor..
Did they mean to kidnap General Washington, Mr. Madison, and several other Americans whom they dubbed with the same title as well as me? Let any man look at the condition of France when I arrived in it,—invaded by Austrians and Prussians and declared to be in danger,—and then ask if any man who had a home and a country to go to, as I had in America, would have come amongst them from any other motive than of assisting them. If I could possibly have supposed them capable of treachery I certainly would not have trusted myself in their power. Instead therefore of your being unwilling or apprehensive of meeting the question of French citizenship, they ought to be ashamed of advancing it, and this will be the case unless you admit their arguments or objections too passively. It is a case on their part fit only for the continuations of Robespierre to set up. As to the name of French citizen, I never considered it in any other light, so far as regarded myself, than as a token of honorary respect. I never made them any promise nor took any oath of allegiance or of citizenship, nor bound myself by an act or means whatever to the performance of any thing. I acted altogether as a friend invited among them as I supposed on honorable terms. I did not come to join myself to a Government already formed, but to assist in forming onede nouveau, which was afterwards to be submitted to the people whether they would accept it or not, and this any foreigner might do. And strictly speaking there are no citizens before this is a government. They are all of the People. The Americans were not called citizens till after Government was established, and not even then until they had taken the oath of allegiance. This was the case in Pennsylvania. But be this French citizenship more or less, the Convention have swept it away by declaring me to be a foreigner, and imprisoning me as such; and this is a short answer to all those who affect to say or to believe that I am French Citizen. A Citizen without Citizenship is a term non-descript.
After the two preceeding paragraphs you ask—"If it be my wish that you should embark in this controversy (meaning that of reclaiming me) and risque the consequences with respect to myself and the good understanding subsisting between the two countries, or, without relinquishing any point of right, and which might be insisted on in case of extremities, pursue according to your best judgment and with the light before you, the object of my liberation?"
As I believe from the apparent obstinacy of the Committees that circumstances will grow towards the extremity you mention, unless prevented beforehand, I will endeavour to throw into your hands all the lights I can upon the subject.
In the first place, reclamation may mean two distinct things. All the reclamations that are made by the sections in behalf of persons detained assuspectare made on the ground that the persons so detained are patriots, and the reclamation is good against the charge of "suspect" because it proves the contrary. But my situation includes another circumstance. I am imprisoned on the charge (if it can be called one) of being a foreigner born in England. You know that foreigner to be a citizen of the United States of America, and that he has been such since the 4th of July 1776, the political birthday of the United States, and of every American citizen, for before that period all were British subjects, and the States, then provinces, were British dominions.—Your reclamation of me therefore as a citizen of the United States (all other considerations apart) is good against the pretence for imprisoning me, or that pretence is equally good against every American citizen born in England, Ireland, Scotland, Germany, or Holland, and you know this description of men compose a very great part of the population of the three States of New York, New Jersey, and Pennsylvania, and make also a part of Congress, and of the State Legislatures.
Every politician ought to know, and every civilian does know, that the Law of Treaty of Alliance, and also that of Amity and Commerce knows no distinction of American Citizens on account of the place of their birth, but recognizes all to be Citizens whom the Constitution and laws of the United States of America recognize as such; and if I recollect rightly there is an article in the Treaty of Commerce particular to this point. The law therefore which they have here, to put all persons in arrestation born in any of the Countries at war with France, is, when applied to Citizens of America born in England, Ireland, Scotland, Germany, or holland, a violation of the treaties of Alliance and of Commerce, because it assumes to make a distinction of Citizens which those Treaties and the Constitution of America know nothing of. This is a subject that officially comes under your cognizance as Minister, and it would be consistent that you expostulated with them upon the Case. That foolish old man Vadier, who was president of the Convention and of the Committee of Surety general when the Americans then in Paris went to the Bar of the Convention to reclaim me, gave them for answer that my being born in England was cause sufficient for imprisoning me. It happened that at least half those who went up with that address were in the same case with myself.
As to reclamations on the ground of Patriotism it is difficult to know what is to be understood by Patriotism here. There is not a vice, and scarcely a virtue, that has not as the fashion of the moment suited been called by the name of Patriotism. The wretches who composed the revolutionary tribunal of Nantz were the Patriots of that day and the criminals of this. The Jacobins called themselves Patriots of the first order, men up to the height of the circumstances, and they are now considered as an antidote to Patriotism. But if we give to Patriotism a fixed idea consistent with that of a Republic, it would signify a strict adherence to the principles of Moral Justice, to the equality of civil and political Rights, to the System of representative Government, and an opposition to every hereditary claim to govern; and of this species of Patriotism you know my character. But, Sir, there are men on the Committee who have changed their Party but not their principles. Their aim is to hold power as long as possible by preventing the establishment of a Constitution, and these men are and will be my Enemies, and seek to hold me in prison as long as they can. I am too good a Patriot for them. It is not improbable that they have heard of the strange language held by some Americans that I am not considered in America as an American citizen, and they may also have heard say, that you had no orders respecting me, and it is not improbable that they interpret that language and that silence into a connivance at my imprisonment. If they had not some ideas of this kind would they resist so long the civil efforts you make for my liberation, or would they attach so much importance to the imprisonment of an Individual asto risque(as you say to me)the good understanding that exists between the two Countries?You also say thatit is impossible for any person to do more than you have done without adopting the other means, meaning that of reclaiming me. How then can you account for the want of success after so many efforts, and such a length of time, upwards of ten weeks, without supposing that they fortify themselves in the interpretation I have just mentioned? I can admit that it was not necessary to give orders, and that it was difficult to give direct orders, for I much question if Morris had informed Congress or the President of the whole of the case, or had sent copies of my letters to him as I had desired him to do. You would find the case here when you came, and you could not fully understand it till you did come, and as Minister you would have authority to act upon it. But as you inform me that you know what the wishes of the President are, you will see also that his reputation is exposed to some risque, admitting there to be ground for the supposition I have made. It will not add to his popularity to have it believed in America, as I am inclined to think the Committee believe here, that he connives at my imprisonment. You say also thatit is known to everybody that you wish my liberation. It is, Sir, because they know your wishes that they misinterpret the means you use. They suppose that those mild means arise from a restriction that you cannot use others, or from a consciousness of some defect on my part of which you are unwilling to provoke the enquiry.
But as you ask me if it be my wish that you should embark in this controversy and risque the consequences with respect to myself, I will answer this part of the question by marking out precisely the part I wish you to take. What I mean is a sort of middle line above what you have yet gone, and not up to the full extremity of the case, which will still lie in reserve. It is to write a letter to the Committee that shall in the first place defeat by anticipation all the objections they might make to a simple reclamation, and at the same time make the ground good for that object. But, instead of sending the letter immediately, to invite some of the Committee to your house and to make that invitation the opportunity of shewing them the letter, expressing at the same time a wish that you had done this, from a hope that the business might be settled in an amicable manner without your being forced into an official interference, that would excite the observations of the Enemies of both Countries, and probably interrupt the harmony that subsisted between the two republics. But as I can not convey the ideas I wish you to use by any means so concisely or so well as to suppose myself the writer of the letter I shall adopt this method and you will make use of such parts or such ideas of it as you please if you approve the plan. Here follows the supposed letter:
Citizens: When I first arrived amongst you as Minister from the United States of America I was given to understand that the liberation of Thomas Paine would take place without any official interference on my part. This was the more agreeable to me as it would not only supercede the necessity of that interference, but would leave to yourselves the whole opportunity of doing justice to a man who as far as I have been able to learn has suffered much cruel treatment under what you have denominated the system of Terror. But as I find my expectations have not been fulfilled I am under the official necessity of being more explicit upon the subject than I have hitherto been.
Permit me, in the first place, to observe that as it is impossible for me to suppose that it could have been the intention of France to seduce any citizens of America from their allegiance to their proper country by offering them the title of French citizen, so must I be compelled to believe, that the title of French citizen conferred on Thomas Paine was intended only as a mark of honorary respect towards a man who had so eminently distinguished himself in defence of liberty, and on no occasion more so than in promoting and defending your own revolution. For a proof of this I refer you to his two works entitledRights of Man. Those works have procured to him an addition of esteem in America, and I am sorry they have been so ill rewarded in France. But be this title of French Citizen more or less, it is now entirely swept away by the vote of the Convention which declares him to be a foreigner, and which supercedes the vote of the Assembly that conferred that title upon him, consequently upon the case superceded with it.
In consequence of this vote of the Convention declaring him to be a foreigner the former Committees have imprisoned him. It is therefore become my official duty to declare to you that the foreigner thus imprisoned is a citizen of the United States of America as fully, as legally, as constitutionally as myself, and that he is moreover one of the principal founders of the American Republic.
I have been informed of a law or decree of the Convention which subjects foreigners born in any of the countries at war with France to arrestation and imprisonment. This law when applied to citizens of America born in England is an infraction of the Treaty of Alliance and of Amity and Commerce, which knows no distinction of American citizens on account of the place of their birth, but recognizes all to be citizens whom the Constitution and laws of America recognize as such. The circumstances under which America has been peopled requires this guard on her Treaties, because the mass of her citizens are composed not of natives only but also of the natives of almost all the countries of Europe who have sought an asylum there from the persecutions they experienced in their own countries. After this intimation you will without doubt see the propriety of modelling that law to the principles of the Treaty, because the law of Treaty in cases where it applies is the governing law to both parties alike, and it cannot be infracted without hazarding the existence of the Treaty.
Of the Patriotism of Thomas Paine I can speak fully, if we agree to give to patriotism a fixed idea consistent with that of a republic. It would then signify a strict adherence to Moral Justice, to the equality of civil and political rights, to the system of representative government, and an opposition to all hereditary claims to govern. Admitting patriotism to consist in these principles, I know of no man who has gone beyond Thomas Paine in promulgating and defending them, and that for almost twenty years past.
I have now spoken to you on the principal matters concerned in the case of Thomas Paine. The title of French citizen which you had enforced upon him, you have since taken away by declaring him to be a foreigner, and consequently this part of the subject ceases of itself. I have declared to you that this foreigner is a citizen of the United States of America, and have assured you of his patriotism.
I cannot help at the same time repeating to you my wish that his liberation had taken place without my being obliged to go thus far into the subject, because it is the mutual interest of both republics to avoid as much as possible all subjects of controversy, especially those from which no possible good can flow. I still hope that you will save me the unpleasant task of proceeding any farther by sending me an order for his liberation, which the injured state of his health absolutely requires. I shall be happy to receive such an order from you and happy in presenting it to him, for to the welfare of Thomas Paine the Americans are not and cannot be indifferent.
This is the sort of letter I wish you to write, for I have no idea that you will succeed by any measures that can, by any kind of construction, be interpreted into a want of confidence or an apprehension of consequences. It is themselves that ought to be apprehensive of consequences if any are to be apprehended. They, I mean the Committees, are not certain that the Convention or the nation would support them in forcing any question to extremity that might interrupt the good understanding subsisting between the two countries; and I know of no question [so likely] to do this as that which involves the rights and liberty of a citizen.
You will please to observe that I have put the case of French citizenship in a point of view that ought not only to preclude, but to make them ashamed to advance any thing upon this subject; and this is better than to have to answer their counter-reclamation afterwards. Either the Citizenship was intended as a token of honorary respect, or it was in-tended to deprive America of a citizen or to seduce him from his allegiance to his proper country. If it was intended as an honour they must act consistently with the principle of honour. But if they make a pretence for detaining me, they convict themselves of the act of seduction. Had America singled out any particular French citizen, complimented him with the title of Citizen of America, which he without suspecting any fraudulent intention might accept, and then after having invited or rather inveigled him into America made his acceptance of that Title a pretence for seducing or forcing him from his allegiance to France, would not France have just cause to be offended at America? And ought not America to have the same right to be offended at France? And will the Committees take upon themselves to answer for the dishonour they bring upon the National Character of their Country? If these arguments are stated beforehand they will prevent the Committees going into the subject of French Citizenship. They must be ashamed of it. But after all the case comes to this, that this French Citizenship appertains no longer to me because the Convention, as I have already said, have swept it away by declaring me to be foreigner, and it is not in the power of the Committees to reverse it. But if I am to be citizen and foreigner, and citizen again, just when and how and for any purpose they please, they take the Government of America into their own hands and make her only a Cypher in their system.
Though these ideas have been long with me they have been more particularly matured by reading your last Communication, and I have many reasons to wish you had opened that Communication sooner. I am best acquainted with the persons you have to deal with and the circumstances of my own case. If you chuse to adopt the letter as it is, I send you a translation for the sake of expediting the business. I have endeavoured to conceive your own manner of expression as well as I could, and the civility of language you would use, but the matter of the letter is essential to me.
If you chuse to confer with some of the members of the Committee at your own house on the subject of the letter it may render the sending it unnecessary; but in either case I must request and press you not to give away to evasion and delay, and that you will fix positively with them that they shall give you an answer in three or four days whether they will liberate me on the representation you have made in the letter, or whether you must be forced to go further into the subject. The state of my health will not admit of delay, and besides the tortured state of my mind wears me down. If they talk of bringing me to trial (and I well know there is no accusation against me and that they can bring none) I certainly summons you as an Evidence to my Character. This you may mention to them either as what I intend to do or what you intend to do voluntarily for me.
I am anxious that you undertake this business without losing time, because if I am not liberated in the course of this decade, I intend, if in case the seventy-one detained deputies are liberated, to follow the same track that they have done, and publish my own case myself.(1) I cannot rest any longer in this state of miserable suspense, be the consequences what they may.
Thomas Paine.
1 Those deputies, imprisoned for having protested againstthe overthrow of the Girondin government, May 31,1793, whenthe Convention was invaded and overawed by the armedcommunes of Paris. These deputies were liberated andrecalled to the Convention, December 8, 1794. Paine wasinvited to resume his seat the day before, by a special actof the Convention, after an eloquent speech by Thibaudeau.—Editor..
Dear Sir: I need not mention to you the happiness I received from the information you sent me by Mr. Beresford. I easily guess the persons you have conversed with on the subject of my liberation—but matters and even promises that pass in conversation are not quite so strictly attended to here as in the Country you come from. I am not, my Dear Sir, impatient from any thing in my disposition, but the state of my health requires liberty and a better air; and besides this, the rules of the prison do not permit me, though I have all the indulgences the Concierge can give, to procure the things necessary to my recovery, which is slow as to strength. I have a tolerable appetite but the allowance of provision is scanty. We are not allowed a knife to cut our victuals with, nor a razor to shave; but they have lately allowed some barbers that are here to shave. The room where I am lodged is a ground floor level with the earth in the garden and floored with brick, and is so wet after every rain that I cannot guard against taking colds that continually cheat my recovery. If you could, without interfering with or deranging the mode proposed for my liberation, inform the Committee that the state of my health requires liberty and air, it would be good ground to hasten my liberation. The length of my imprisonment is also a reason, for I am now almost the oldest inhabitant of this uncomfortable mansion, and I see twenty, thirty and sometimes forty persons a day put in liberty who have not been so long confined as myself. Their liberation is a happiness to me; but I feel sometimes, a little mortification that I am thus left behind. I leave it entirely to you to arrange this matter. The messenger waits. Your's affectionately,
T. P.
I hope and wish much to see you. I have much to say. I have had the attendance of Dr. Graham (Physician to Genl. O'Hara, who is prisoner here) and of Dr. Makouski, house physician, who has been most exceedingly kind to me. After I am at liberty I shall be glad to introduce him to you.
1 This letter, written in a feeble handwriting, is notdated, but Monroe's endorsement, "2d. Luxembourg,"indicates November 2, two days before Paine's liberation.—Editor..
As censure is but awkwardly softened by apology. I shall offer you no apology for this letter. The eventful crisis to which your double politics have conducted the affairs of your country, requires an investigation uncramped by ceremony.
There was a time when the fame of America, moral and political, stood fair and high in the world. The lustre of her revolution extended itself to every individual; and to be a citizen of America gave a title to respect in Europe. Neither meanness nor ingratitude had been mingled in the composition of her character. Her resistance to the attempted tyranny of England left her unsuspected of the one, and her open acknowledgment of the aid she received from France precluded all suspicion of the other. The Washington of politics had not then appeared.
At the time I left America (April 1787) the Continental Convention, that formed the federal Constitution was on the point of meeting. Since that time new schemes of politics, and new distinctions of parties, have arisen. The termAntifederalisthas been applied to all those who combated the defects of that constitution, or opposed the measures of your administration. It was only to the absolute necessity of establishing some federal authority, extending equally over all the States, that an instrument so inconsistent as the present federal Constitution is, obtained a suffrage. I would have voted for it myself, had I been in America, or even for a worse, rather than have had none, provided it contained the means of remedying its defects by the same appeal to the people by which it was to be established. It is always better policy to leave removeable errors to expose themselves, than to hazard too much in contending against them theoretically. I have introduced these observations, not only to mark the general difference between Antifederalist and Anti-constitutionalist, but to preclude the effect, and even the application, of the former of these terms to myself. I declare myself opposed to several matters in the Constitution, particularly to the manner in which what is called the Executive is formed, and to the long duration of the Senate; and if I live to return to America, I will use all my endeavours to have them altered.(*) I also declare myself opposed to almost the whole of your administration; for I know it to have been deceitful, if not perfidious, as I shall shew in the course of this letter. But as to the point of consolidating the States into a Federal Government, it so happens, that the proposition for that purpose came originally from myself. I proposed it in a letter to Chancellor Livingston in the spring of 1782, while that gentleman was Minister for Foreign Affairs. The five per cent, duty recommended by Congress had then fallen through, having been adopted by some of the States, altered by others, rejected by Rhode Island, and repealed by Virginia after it had been consented to. The proposal in the letter I allude to, was to get over the whole difficulty at once, by annexing a continental legislative body to Congress; for in order to have any law of the Union uniform, the case could only be, that either Congress, as it then stood, must frame the law, and the States severally adopt it without alteration, or the States must erect a Continental Legislature for the purpose. Chancellor Livingston, Robert Morris, Gouverneur Morris, and myself, had a meeting at the house of Robert Morris on the subject of that letter. There was no diversity of opinion on the proposition for a Continental Legislature: the only difficulty was on the manner of bringing the proposition forward. For my own part, as I considered it as a remedy in reserve, that could be applied at any timewhen the States saw themselves wrong enough to be put right, (which did not appear to be the case at that time) I did not see the propriety of urging it precipitately, and declined being the publisher of it myself. After this account of a fact, the leaders of your party will scarcely have the hardiness to apply to me the term of Antifederalist. But I can go to a date and to a fact beyond this; for the proposition for electing a continental convention to form the Continental Government is one of the subjects treated of in the pamphletCommon Sense.(1)
* I have always been opposed to the mode of refiningGovernment up to an individual, or what is called a singleExecutive. Such a man will always be the chief of a party. Aplurality is far better: It combines the mass of a nationbetter together: And besides this, it is necessary to themanly mind of a republic that it loses the debasing idea ofobeying an individual.—Author.
1 See vol. i. of this work, pp. 97, 98, 109, no.—Editor..
Having thus cleared away a little of the rubbish that might otherwise have lain in my way, I return to the point of time at which the present Federal Constitution and your administration began. It was very well said by an anonymous writer in Philadelphia, about a year before that period, that "thirteen staves and ne'er a hoop will not make a barrel" and as any kind of hooping the barrel, however defectively executed, would be better than none, it was scarcely possible but that considerable advantages must arise from the federal hooping of the States. It was with pleasure that every sincere friend of America beheld, as the natural effect of union, her rising prosperity; and it was with grief they saw that prosperity mixed, even in the blossom, with the germ of corruption. Monopolies of every kind marked your administration almost in the moment of its commencement. The lands obtained by the revolution were lavished upon partisans; the interest of the disbanded soldier was sold to the speculator; injustice was acted under the pretence of faith; and the chief of the army became the patron of the fraud.(2) From such a beginning what else could be expected, than what has happened? A mean and servile submission to the insults of one nation; treachery and ingratitude to another.
2 The history of the Scioto Company, by which so manyFrenchmen as well as Americans were ruined, warranted aneven stronger statement. Though Washington did not know whatwas going on, he cannot be acquitted of a lack of dueprecaution in patronizing leading agents of thesespeculations, and introducing them in France.—Editor.
Some vices make their approach with such a splendid appearance, that we scarcely know to what class of moral distinctions they belong. They are rather virtues corrupted than vices, originally. But meanness and ingratitude have nothing equivocal in their character. There is not a trait in them that renders them doubtful. They are so originally vice, that they are generated in the dung of other vices, and crawl into existence with the filth upon their back. The fugitives have found protection in you, and the levee-room is their place of rendezvous.
As the Federal Constitution is a copy, though not quite so base as the original, of the form of the British Government, an imitation of its vices was naturally to be expected. So intimate is the connection betweenform and practice, that to adopt the one is to invite the other. Imitation is naturally progressive, and is rapidly so in matters that are vicious.
Soon after the Federal Constitution arrived in England, I received a letter from a female literary correspondent (a native of New York) very well mixed with friendship, sentiment, and politics. In my answer to that letter, I permitted myself to ramble into the wilderness of imagination, and to anticipate what might hereafter be the condition of America. I had no idea that the picture I then drew was realizing so fast, and still less that Mr. Washington was hurrying it on. As the extract I allude to is congenial with the subject I am upon, I here transcribe it:
[The extract is the same as that given in a footnote, inthe Memorial to Monroe, p. 180.]
Impressed, as I was, with apprehensions of this kind, I had America constantly in my mind in all the publications I afterwards made. The First, and still more the Second, Part of the Rights of Man, bear evident marks of this watchfulness; and the Dissertation on First Principles of Government [XXIV.] goes more directly to the point than either of the former. I now pass on to other subjects.
It will be supposed by those into whose hands this letter may fall, that I have some personal resentment against you; I will therefore settle this point before I proceed further.
If I have any resentment, you must acknowledge that I have not been hasty in declaring it; neither would it now be declared (for what are private resentments to the public) if the cause of it did not unite itself as well with your public as with your private character, and with the motives of your political conduct.
The part I acted in the American revolution is well known; I shall not here repeat it. I know also that had it not been for the aid received from France, in men, money and ships, that your cold and unmilitary conduct (as I shall shew in the course of this letter) would in all probability have lost America; at least she would not have been the independent nation she now is. You slept away your time in the field, till the finances of the country were completely exhausted, and you have but little share in the glory of the final event. It is time, sir, to speak the undisguised language of historical truth.
Elevated to the chair of the Presidency, you assumed the merit of every thing to yourself, and the natural ingratitude of your constitution began to appear. You commenced your Presidential career by encouraging and swallowing the grossest adulation, and you travelled America from one end to the other to put yourself in the way of receiving it. You have as many addresses in your chest as James the II. As to what were your views, for if you are not great enough to have ambition you are little enough to have vanity, they cannot be directly inferred from expressions of your own; but the partizans of your politics have divulged the secret.
John Adams has said, (and John it is known was always a speller after places and offices, and never thought his little services were highly enough paid,)—John has said, that as Mr. Washington had no child, the Presidency should be made hereditary in the family of Lund Washington. John might then have counted upon some sinecure himself, and a provision for his descendants. He did not go so far as to say, also, that the Vice-Presidency should be hereditary in the family of John Adams. He prudently left that to stand on the ground that one good turn deserves another.(*)
John Adams is one of those men who never contemplated the origin of government, or comprehended any thing of first principles. If he had, he might have seen, that the right to set up and establish hereditary government, never did, and never can, exist in any generation at any time whatever; that it is of the nature of treason; because it is an attempt to take away the rights of all the minors living at that time, and of all succeeding generations. It is of a degree beyond common treason. It is a sin against nature. The equal right of every generation is a right fixed in the nature of things. It belongs to the son when of age, as it belonged to the father before him. John Adams would himself deny the right that any former deceased generation could have to decree authoritatively a succession of governors over him, or over his children; and yet he assumes the pretended right, treasonable as it is, of acting it himself. His ignorance is his best excuse.
John Jay has said,(**) (and this John was always the sycophant of every thing in power, from Mr. Girard in America, to Grenville in England,)—John Jay has said, that the Senate should have been appointed for life. He would then have been sure of never wanting a lucrative appointment for himself, and have had no fears about impeachment. These are the disguised traitors that call themselves Federalists.(**)
Could I have known to what degree of corruption and perfidy the administrative part of the government of America had descended, I could have been at no loss to have understood the reservedness of Mr. Washington towards me, during my imprisonment in the Luxembourg. There are cases in which silence is a loud language. I will here explain the cause of that imprisonment, and return to Mr. Washington afterwards.
* Two persons to whom John Adams said this, told me of it.The secretary of Mr. Jay was present when it was told tome.—Author.** If Mr. John Jay desires to know on what authority I saythis, I will give that authority publicly when he chooses tocall for it—Author.
In the course of that rage, terror and suspicion, which the brutal letter of the Duke of Brunswick first started into existence in France, it happened that almost every man who was opposed to violence, or who was not violent himself, became suspected. I had constantly been opposed to every thing which was of the nature or of the appearance of violence; but as I had always done it in a manner that shewed it to be a principle founded in my heart, and not a political manouvre, it precluded the pretence of accusing me. I was reached, however, under another pretence.
A decree was passed to imprison all persons born in England; but as I was a member of the Convention, and had been complimented with the honorary style of Citizen of France, as Mr. Washington and some other Americans had been, this decree fell short of reaching me. A motion was afterwards made and carried, supported chiefly by Bourdon de l'Oise, for expelling foreigners from the Convention. My expulsion being thus effected, the two committees of Public Safety and of General Surety, of which Robespierre was the dictator, put me in arrestation under the former decree for imprisoning persons born in England. Having thus shewn under what pretence the imprisonment was effected, I come to speak of such parts of the case as apply between me and Mr. Washington, either as a President or as an individual.
I have always considered that a foreigner, such as I was in fact, with respect to France, might be a member of a Convention for framing a Constitution, without affecting his right of citizenship in the country to which he belongs, but not a member of a government after a Constitution is formed; and I have uniformly acted upon this distinction» To be a member of a government requires that a person be in allegiance to that government and to the country locally. But a Constitution, being a thing of principle, and not of action, and which, after it is formed, is to be referred to the people for their approbation or rejection, does not require allegiance in the persons forming and proposing it; and besides this, it is only to the thing after it be formed and established, and to the country after its governmental character is fixed by the adoption of a constitution, that the allegiance can be given. No oath of allegiance or of citizenship was required of the members who composed the Convention: there was nothing existing in form to swear allegiance to. If any such condition had been required, I could not, as Citizen of America in fact, though Citizen of France by compliment, have accepted a seat in the Convention.
As my citizenship in America was not altered or diminished by any thing I had done in Europe, (on the contrary, it ought to be considered as strengthened, for it was the American principle of government that I was endeavouring to spread in Europe,) and as it is the duty of every govern-ment to charge itself with the care of any of its citizens who may happen to fall under an arbitrary persecution abroad, and is also one of the reasons for which ambassadors or ministers are appointed,—it was the duty of the Executive department in America, to have made (at least) some enquiries about me, as soon as it heard of my imprisonment. But if this had not been the case, that government owed it to me on every ground and principle of honour and gratitude. Mr. Washington owed it to me on every score of private acquaintance, I will not now say, friendship; for it has some time been known by those who know him, that he has no friendships; that he is incapable of forming any; he can serve or desert a man, or a cause, with constitutional indifference; and it is this cold hermaphrodite faculty that imposed itself upon the world, and was credited for a while by enemies as by friends, for prudence, moderation and impartiality.(1)
1 "L'on pent dire qu'il [Washington] jouit de tous lesavantages possibles a l'exception des douceurs del'amitié."—Louis Otto, Chargé d'Affaires (at New York) tohis government, 13 June, 1790. French Archives, vol. 35, No.32.—Editor.
Soon after I was put into arrestation, and imprisoned in the Luxembourg, the Americans who were then in Paris went in a body to the bar of the Convention to reclaim me. They were answered by the then President Vadier, who has since absconded, thatI was born in England, and it was signified to them, by some of the Committee ofGeneral Surety, to whom they were referred (I have been told it was Billaud Varennes,) that their reclamation of me was only the act of individuals, without any authority from the American government.
A few days after this, all communications from persons imprisoned to any person without the prison was cut off by an order of the Police. I neither saw, nor heard from, any body for six months; and the only hope that remained to me was, that a new Minister would arrive from America to supercede Morris, and that he would be authorized to enquire into the cause of my imprisonment. But even this hope, in the state to which matters were daily arriving, was too remote to have any consolatory effect, and I contented myself with the thought, that I might be remembered when it would be too late. There is perhaps no condition from which a man conscious of his own uprightness cannot derive consolation; for it is in itself a consolation for him to find, that he can bear that condition with calmness and fortitude.
From about the middle of March (1794) to the fall of Robespierre July 29, (9th of Thermidor,) the state of things in the prisons was a continued scene of horror. No man could count upon life for twenty-four hours. To such a pitch of rage and suspicion were Robespierre and his Committee arrived, that it seemed as if they feared to leave a man living. Scarcely a night passed in which ten, twenty, thirty, forty, fifty, or more, were not taken out of the prison, carried before a pretended tribunal in the morning, and guillotined before night. One hundred and sixty-nine were taken out of the Luxembourg one night, in the month of July, and one hundred and sixty of them guillotined. A list of two hundred more, according to the report in the prison, was preparing a few days before Robespierre fell. In this last list I have good reason to believe I was included. A memorandum in the hand-writing of Robespierre was afterwards produced in the Convention, by the committee to whom the papers of Robespierre were referred, in these words: