1 In the presidential canvas of 1800, the votes in theelectoral college being equally divided between Burr andJefferson, the election was thrown into the House ofRepresentatives. Jefferson was elected on the 36th ballot,but he never forgave Burr, and between these two old friendsPaine had to write this letter under some embarrassment. Thelast paragraph of this Letter shows Paine's desire for areconciliation between Burr and Jefferson. Aaron Burr is oneof the traditionally slandered figures of American history.—Editor.
The plot of the intrigue was to make Mr. Burr President, on the private condition of his agreeing to, and entering into, terms with them, that is, with the proposers. Had then the election been made, the country, knowing nothing of this private and illegal transaction, would have supposed, for who could have supposed otherwise, that it had a President according to the forms, principles, and intention of the constitution. No such thing. Every form, principle, and intention of the constitution would have been violated; and instead of a President, it would have had a mute, a sort of image, hand-bound and tongue-tied, the dupe and slave of a party, placed on the theatre of the United States, and acting the farce of President.
It is of little importance, in a constitutional sense, to know what the terms to be proposed might be, because any terms other than those which the constitution prescribes to a President are criminal. Neither do I see how Mr. Burr, or any other person put in the same condition, could have taken the oath prescribed by the constitution to a President, which is, "I do solemnly swear (or affirm,) that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect and defend the Constitution of the United States."
How, I ask, could such a person have taken such an oath, knowing at the same time that he had entered into the Presidency on terms unknown in the Constitution, and private, and which would deprive him of the freedom and power of acting as President of the United States, agreeably to his constitutional oath?
Mr. Burr, by not agreeing to terms, has escaped the danger to which they exposed him, and the perjury that would have followed, and also the punishment annexed thereto. Had he accepted the Presidency on terms unknown in the constitution, and private, and had the transaction afterwards transpired, (which it most probably would, for roguery is a thing difficult to conceal,) it would have produced a sensation in the country too violent to be quieted, and too just to be resisted; and in any case the election must have been void.
But what are we to think of those members of Congress, who having taken an oath of the same constitutional import as the oath of the President, violate that oath by tampering to obtain a President on private conditions. If this is not sedition against the constitution and the country, it is difficult to define what sedition in a representative can be.
Say not that this statement of the case is the effect of personal or party resentment. No. It is the effect ofsincere concernthat such corruption, of which this is but a sample, should, in the space of a few years, have crept into a country that had the fairest opportunity that Providence ever gave, within the knowledge of history, of making itself an illustrious example to the world.
What the terms were, or were to be, it is probable we never shall know; or what is more probable, that feigned ones, if any, will be given. But from the conduct of the party since that time we may conclude, that no taxes would have been taken off, that the clamour for war would have been kept up, new expences incurred, and taxes and offices increased in consequence; and, among the articles of a private nature, that the leaders in this seditious traffic were to stipulate with the mock President for lucrative appointments for themselves.
But if these plotters against the Constitution understood their business, and they had been plotting long enough to be masters of it, a single article would have comprehended every thing, which is,That the President (thus made) should be governed in all cases whatsoever by a private junto appointed by themselves. They could then, through the medium of a mock President, have negatived all bills which their party in Congress could not have opposed with success, and reduced representation to a nullity.
The country has been imposed upon, and the real culprits are but few; and as it is necessary for the peace, harmony, and honour of the Union, to separate the deceiver from the deceived, the betrayer from the betrayed, that men who once were friends, and that in the worst of times, should be friends again, it is necessary, as a beginning, that this dark business be brought to full investigation. Ogden's letter is direct evidence of the fact of tampering to obtain a conditional President. He knows the two or three members of Congress that commissioned him, and they know who commissioned them.
Thomas Paine.
Federal City, Lovett's Hotel, Jan. 29th, 1803.
LETTER VI.(1)
1 The Aurora (Philadelphia).—Editor..
Religion and War is the cry of the Federalists; Morality and Peace the voice of Republicans. The union of Morality and Peace is congenial; but that of Religion and War is a paradox, and the solution of it is hypocrisy.
The leaders of the Federalists have no judgment; their plans no consistency of parts; and want of consistency is the natural consequence of want of principle.
They exhibit to the world the curious spectacle of anOppositionwithout acause, and conduct without system. Were they, as doctors, to prescribe medicine as they practise politics, they would poison their patients with destructive compounds.
There are not two things more opposed to each other than War and Religion; and yet, in the double game those leaders have to play, the one is necessarily the theme of their politics, and the other the text of their sermons. The week-day orator of Mars, and the Sunday preacher of Federal Grace, play like gamblers into each other's hands, and this they call Religion.
Though hypocrisy can counterfeit every virtue, and become the associate of every vice, it requires a great dexterity of craft to give it the power of deceiving. A painted sun may glisten, but it cannot warm. For hypocrisy to personate virtue successfully it must know and feel what virtue is, and as it cannot long do this, it cannot long deceive. When an orator foaming for War breathes forth in another sentence aplaintive piety of words, he may as well write hypocrisy on his front.
The late attempt of the Federal leaders in Congress (for they acted without the knowledge of their constituents) to plunge the country into War, merits not only reproach but indignation. It was madness, conceived in ignorance and acted in wickedness. The head and the heart went partners in the crime.
A neglect of punctuality in the performance of a treaty is made acauseof war by theBarbary powers, and of remonstrance and explanation bycivilised powers. The Mahometans of Barbary negociate by the sword—they seize first, and ex-postulate afterwards; and the federal leaders have been labouring tobarbarizethe United States by adopting the practice of the Barbary States, and this they call honour. Let their honour and their hypocrisy go weep together, for both are defeated. Their present Administration is too moral for hypocrites, and too economical for public spendthrifts.
A man the least acquainted with diplomatic affairs must know that a neglect in punctuality is not one of the legal causes of war, unless that neglect be confirmed by a refusal to perform; and even then it depends upon circumstances connected with it. The world would be in continual quarrels and war, and commerce be annihilated, if Algerine policy was the law of nations. And were America, instead of becoming an example to the old world of good and moral government and civil manners, or, if they like it better, of gentlemanly conduct towards other nations, to set up the character of ruffian, that ofword and blow, and the blow first, and thereby give the example of pulling down the little that civilization has gained upon barbarism, her Independence, instead of being an honour and a blessing, would become a curse upon the world and upon herself.
The conduct of the Barbary powers, though unjust in principle, is suited to their prejudices, situation, and circumstances. The crusades of the church to exterminate them fixed in their minds the unobliterated belief that every Christian power was their mortal enemy. Their religious prejudices, therefore, suggest the policy, which their situation and circumstances protect them in. As a people, they are neither commercial nor agricultural, they neither import nor export, have no property floating on the seas, nor ships and cargoes in the ports of foreign nations. No retaliation, therefore, can be acted upon them, and they sin secure from punishment.
But this is not the case with the United States. If she sins as a Barbary power, she must answer for it as a Civilized one. Her commerce is continually passing on the seas exposed to capture, and her ships and cargoes in foreign ports to detention and reprisal. An act of War committed by her in the Mississippi would produce a War against the commerce of the Atlantic States, and the latter would have to curse the policy that provoked the former. In every point, therefore, in which the character and interest of the United States be considered, it would ill become her to set an example contrary to the policy and custom of Civilized powers, and practised only by the Barbary powers, that of striking before she expostulates.
But can any man, calling himself a Legislator, and supposed by his constituents to know something of his duty, be so ignorant as to imagine that seizing on New Orleans would finish the affair or even contribute towards it? On the contrary it would have made it worse. The treaty right of deposite at New Orleans, and the right of the navigation of the Mississippi into the Gulph of Mexico, are distant things. New Orleans is more than an hundred miles in the country from the mouth of the river, and, as a place of deposite, is of no value if the mouth of the river be shut, which either France or Spain could do, and which our possession of New Orleans could neither prevent or remove. New Orleans in our possession, by an act of hostility, would have become a blockaded port, and consequently of no value to the western people as a place of deposite. Since, therefore, an interruption had arisen to the commerce of the western states, and until the matter could be brought to a fair explanation, it was of less injury to have the port shut and the river open, than to have the river shut and the port in our possession.
That New Orleans could be taken required no stretch of policy to plan, nor spirit of enterprize to effect. It was like marching behind a man to knock him down: and the dastardly slyness of such an attack would have stained the fame of the United States. Where there is no danger cowards are bold, and Captain Bobadils are to be found in the Senate as well as on the stage. EvenGouverneur, on such a march, dare have shown a leg.(1)
1 Gouverneur Morris being now leader of the belligerentfaction in Congress, Paine could not resist the temptationto allude to a well-known incident (related in his Diary andLetters, i., p. 14). A mob in Paris having surrounded hisfine carriage, crying "Aristocrat!" Morris showed hiswooden leg, declaring he had lost his leg in the cause ofAmerican liberty. Morris was never in any fight, his legbeing lost by a commonplace accident while driving inPhiladelphia. Although Paine's allusion may appear in badtaste, even with this reference, it was politeness itselfcompared with the brutal abuse which Morris (not contentwith imprisoning Paine in Paris) and his adherents wereheaping on the author on his return to America; also onMonroe, whom Jefferson had returned to France to negotiatefor the purchase of Louisiana.—Editor.,
The people of the western country to whom the Mississippi serves as an inland sea to their commerce, must be supposed to understand the circumstances of that commerce better than a man who is a stranger to it; and as they have shown no approbation of the war-whoop measures of the Federal senators, it becomes presumptive evidence they disapprove them. This is a new mortification for those war-whoop politicians; for the case is, that finding themselves losing ground and withering away in the Atlantic States, they laid hold of the affair of New Orleans in the vain hope of rooting and reinforcing themselves in the western States; and they did this without perceiving that it was one of those ill judged hypocritical expedients in politics, that whether it succeeded or failed the event would be the same. Had their motion [that of Ross and Morris] succeeded, it would have endangered the commerce of the Atlantic States and ruined their reputation there; and on the other hand the attempt to make a tool of the western people was so badly concealed as to extinguish all credit with them.
But hypocrisy is a vice of sanguine constitution. It flatters and promises itself every thing; and it has yet to learn, with respect to moral and political reputation, it is less dangerous to offend than to deceive.
To the measures of administration, supported by the firmness and integrity of the majority in Congress, the United States owe, as far as human means are concerned, the preservation of peace, and of national honour. The confidence which the western people reposed in the government and their representatives is rewarded with success. They are reinstated in their rights with the least possible loss of time; and their harmony with the people of New Orleans, so necessary to the prosperity of the United States, which would have been broken, and the seeds of discord sown in its place, had hostilities been preferred to accommodation, remains unimpaired. Have the Federal ministers of the church meditated on these matters? and laying aside, as they ought to do, their electioneering and vindictive prayers and sermons, returned thanks that peace is preserved, and commerce, without the stain of blood?
In the pleasing contemplation of this state of things the mind, by comparison, carries itself back to those days of uproar and extravagance that marked the career of the former administration, and decides, by the unstudied impulse of its own feelings, that something must then have been wrong. Why was it, that America, formed for happiness, and remote by situation and circumstances from the troubles and tumults of the European world, became plunged into its vortex and contaminated with its crimes? The answer is easy. Those who were then at the head of affairs were apostates from the principles of the revolution. Raised to an elevation they had not a right to expect, nor judgment to conduct, they became like feathers in the air, and blown about by every puff of passion or conceit.
Candour would find some apology for their conduct if want of judgment was their only defect. But error and crime, though often alike in their features, are distant in their characters and in their origin. The one has its source in the weakness of the head, the other in the hardness of the heart, and the coalition of the two, describes the former Administration.(1)
1 That of John Adams.—Editor.
Had no injurious consequences arisen from the conduct of that Administration, it might have passed for error or imbecility, and been permitted to die and be forgotten. The grave is kind to innocent offence. But even innocence, when it is a cause of injury, ought to undergo an enquiry.
The country, during the time of the former Administration, was kept in continual agitation and alarm; and that no investigation might be made into its conduct, it entrenched itself within a magic circle of terror, and called it a SEDITION LAW.(1) Violent and mysterious in its measures and arrogant in its manners, it affected to disdain information, and insulted the principles that raised it from obscurity. John Adams and Timothy Pickering were men whom nothing but the accidents of the times rendered visible on the political horizon. Elevation turned their heads, and public indignation hath cast them to the ground. But an inquiry into the conduct and measures of that Administration is nevertheless necessary.
The country was put to great expense. Loans, taxes, and standing armies became the standing order of the day. The militia, said Secretary Pickering, are not to be depended upon, and fifty thousand men must be raised. For what? No cause to justify such measures has yet appeared. No discovery of such a cause has yet been made. The pretended Sedition Law shut up the sources of investigation, and the precipitate flight of John Adams closed the scene. But the matter ought not to sleep here.
It is not to gratify resentment, or encourage it in others, that I enter upon this subject. It is not in the power of man to accuse me of a persecuting spirit. But some explanation ought to be had. The motives and objects respecting the extraordinary and expensive measures of the former Administration ought to be known. The Sedition Law, that shield of the moment, prevented it then, and justice demands it now. If the public have been imposed upon, it is proper they should know it; for where judgment is to act, or a choice is to be made, knowledge is first necessary. The conciliation of parties, if it does not grow out of explanation, partakes of the character of collusion or indifference.
1 Passed July 14, 1798, to continue until March 3, 1801.This Act, described near the close of this Letter, and onepassed June 35th, giving the President despotic powers overaliens in the United States, constituted the famous "Alienand Sedition Laws." Hamilton opposed them, and rightly sawin them the suicide of the Federal party.—Editor.,
There has been guilt somewhere; and it is better to fix it where it belongs, and separate the deceiver from the deceived, than that suspicion, the bane of society, should range at large, and sour the public mind. The military measures that were proposed and carrying on during the former administration, could not have for their object the defence of the country against invasion. This is a case that decides itself; for it is self evident, that while the war raged in Europe, neither France nor England could spare a man to send to America. The object, therefore, must be something at home, and that something was the overthrow of the representative system of government, for it could be nothing else. But the plotters got into confusion and became enemies to each other. Adams hated and was jealous of Hamilton, and Hamilton hated and despised both Adams and Washington.(1) Surly Timothy stood aloof, as he did at the affair of Lexington, and the part that fell to the public was to pay the expense.(2)
1 Hamilton's bitter pamphlet against Adams appeared in 1800,but his old quarrel with Washington (1781) had apparentlyhealed. Yet, despite the favors lavished by Washington onHamilton, there is no certainty that the latter ever changedhis unfavorable opinion of the former, as expressed in aletter to General Schuylor, Feb. 18, 1781 (Lodge's"Hamilton's Works," vol. viii., p. 35).—Editor.2 Colonel Pickering's failure, in 1775, to march his Salemtroops in time to intercept the British retreat fromLexington was attributed to his half-heartednessin the patriotic cause.—Editor.
But ought a people who, but a few years ago, were fighting the battles of the world, for liberty had no home but here, ought such a people to stand quietly by and see that liberty undermined by apostacy and overthrown by intrigue? Let the tombs of the slain recall their recollection, and the forethought of what their children are to be revive and fix in their hearts the love of liberty.
If the former administration can justify its conduct, give it the opportunity. The manner in which John Adams disappeared from the government renders an inquiry the more necessary. He gave some account of himself, lame and confused as it was, to certaineastern wise menwho came to pay homage to him on his birthday. But if he thought it necessary to do this, ought he not to have rendered an account to the public. They had a right to expect it of him. In that tjte-`-tjte account, he says, "Some measures were the effect of imperious necessity, much against my inclination." What measures does Mr. Adams mean, and what is the imperious necessity to which he alludes? "Others (says he) were measures of the Legislature, which, although approved when passed, were never previously proposed or recommended by me." What measures, it may be asked, were those, for the public have a right to know the conduct of their representatives? "Some (says he) left to my discretion were never executed, because no necessity for them, in my judgment, ever occurred."
What does this dark apology, mixed with accusation, amount to, but to increase and confirm the suspicion that something was wrong? Administration only was possessed of foreign official information, and it was only upon that information communicated by him publicly or privately, or to Congress, that Congress could act; and it is not in the power of Mr. Adams to show, from the condition of the belligerent powers, that any imperious necessity called for the warlike and expensive measures of his Administration.
What the correspondence between Administration and Rufus King in London, or Quincy Adams in Holland, or Berlin, might be, is but little known. The public papers have told us that the former became cup-bearer from the London underwriters to Captain Truxtun,(1) for which, as Minister from a neutral nation, he ought to have been censured. It is, however, a feature that marks the politics of the Minister, and hints at the character of the correspondence.
1 Thomas Truxtun (1755-1822), for having captured the Frenchfrigate "L'Insurgente," off Hen's Island, 1799, waspresented at Lloyd's coffee-house with plate to the value of600 guineas. Rufus King (1755-1827), made Minister to Englandin 1796, continued under Adams, and for two years underJefferson's administration.—Editor.
I know that it is the opinion of several members of both houses of Congress, that an enquiry, with respect to the conduct of the late Administration, ought to be gone into. The convulsed state into which the country has been thrown will be best settled by a full and fair exposition of the conduct of that Administration, and the causes and object of that conduct. To be deceived, or to remain deceived, can be the interest of no man who seeks the public good; and it is the deceiver only, or one interested in the deception, that can wish to preclude enquiry.
The suspicion against the late Administration is, that it was plotting to overturn the representative system of government, and that it spread alarms of invasions that had no foundation, as a pretence for raising and establishing a military force as the means of accomplishing that object.
The law, called the Sedition Law, enacted, that if any person should write or publish, or cause to be written or published, any libel [without defining what a libel is] against the Government of the United States, or either house of congress, or against the President, he should be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.
But it is a much greater crime for a president to plot against a Constitution and the liberties of the people, than for an individual to plot against a President; and consequently, John Adams is accountable to the public for his conduct, as the individuals under his administration were to the sedition law.
The object, however, of an enquiry, in this case, is not to punish, but to satisfy; and to shew, by example, to future administrations, that an abuse of power and trust, however disguised by appearances, or rendered plausible by pretence, is one time or other to be accounted for.
Thomas Paine.
BORDENTOWN, ON THE DELAWARE,
New Jersey, March 12, 1803. vol. III—27
LETTER VII.
EDITOR'S PREFACE.This letter was printed inThe True American, Trenton, NewJersey, soon after Paine's return to his old home atBordenton. It is here printed from the original manuscript,for which I am indebted to Mr. W. F. Havemeyer of New York.Although the Editor has concluded to present Paine's"Maritime Compact" in the form he finally gave it, thearticles were printed in French in 1800, and by S. H. Smith,Washington, at the close of the same year. There is aninteresting history connected with it. John Hall, in hisdiary ("Trenton, 20 April, 1787") relates that Paine toldhim of Dr. Franklin, whom he (Paine) had just visited inPhiladelphia, and the Treaty he, the Doctor, made with thelate King of Prussia by adding an article that, should warever break out, Commerce should be free. The Doctor said heshowed it to Vergennes, who said it met his idea, and wassuch as he would make even with England. In his Address tothe People of France, 1797 (see p. 366), Paine closes with asuggestion on the subject, and a year later (September 30,1798), when events were in a critical condition, he sentnine articles of his proposedPacte MaritimetoTalleyrand, newly appointed Minister of Foreign Affairs. Theletters that passed are here taken from the originals (StateArchives, Paris, Itats Unis, vol. 48).
"Rue Theatre frangaise, No. 4, 9 Vendemaire, 6 year.
"Citizen Minister: I promised you some observations on the state of things between France and America. I divide the case into two parts. First, with respect to some Method that shall effectually put an end to all interruptions of the American Commerce. Secondly, with respect to the settlement for the captures that have been made on that Commerce.
"As to the first case (the interruption of the American Commerce by France) it has foundation in the British Treaty, and it is the continuance of that treaty that renders the remedy difficult. Besides, the American administration has blundered so much in the business of treaty-making, that it is probable it will blunder again in making another with France. There is, however, one method left, and there is but one that I can see, that will be effectual. It is anon-importation Convention; that America agrees not to import from any Nation in Europe who shall interrupt her Commerce on the seas, any goods, wares, or merchandize whatever, and that all her ports shall be shut against the Nation that gives the offence. This will draw America out of her difficulties with respect to her treaty with England.
"But it will be far better if this non-importation convention were to be a general convention of Nations acting as a Whole. It would give a better protection to Neutral Commerce than the armed neutrality could do. I would rather be a Neutral Nation under the protection of such a Convention, which costs nothing to make it, than be under the protection of a navy equal to that of Great Britain. France should be the patron of such a Convention and sign it. It would be giving both her consent and her protection to the Rights of Neutral Nations. If England refuse to sign it she will nevertheless be obliged to respect it, or lose all her Commerce.
"I enclose you a plan I drew up about four months ago, when there was expectation that Mr. Madison would come to France. It has lain by me ever since.
"The second part, that of settlement for the captures, I will make the subject of a future correspondence. Salut et respect."
Talleyrand's Reply ("Foreign Relations, 15 Vendemaire An. 6," Oct. 6, 1797): "I have the honor to return you, Citizen, with very sincere thanks, your Letter to General Washington which you have had the goodness to show me.
"I have received the letter which you have taken the trouble to write me, the 9th of this month. I need not assure you of the appreciation with which I shall receive the further indications you promise on the means of terminating in a durable manner the differences which must excite your interest as a patriot and as a Republican. Animated by such a principle your ideas cannot fail to throw valuable light on the discussion you open, and which should have for its object to reunite the two Republics in whose alienation the enemies of liberty triumph."
Paine's plan made a good impression in France—He writes to Jefferson, October 6, 1800, that the Consul Le Brun, at an entertainment given to the American envoys, gave for his toast: "@ l'union de 1' Amirique avec les Puissances du Nord pour faire respecter la liberti des mers."
The malignant mind, like the jaundiced eye, sees everything through a false medium of its own creating. The light of heaven appears stained with yellow to the distempered sight of the one, and the fairest actions have the form of crimes in the venomed imagination of the other.
For seven months, both before and after my return to America in October last, the apostate papers styling themselves "Federal" were filled with paragraphs and Essays respecting a letter from Mr. Jefferson to me at Paris; and though none of them knew the contents of the letter, nor the occasion of writing it, malignity taught them to suppose it, and the lying tongue of injustice lent them its aid.
That the public may no longer be imposed upon by Federal apostacy, I will now publish the Letter, and the occasion of its being written.
The Treaty negociated in England by John Jay, and ratified by the Washington Administration, had so disgracefully surrendered the right and freedom of the American flag, that all the Commerce of the United States on the Ocean became exposed to capture, and suffered in consequence of it. The duration of the Treaty was limited to two years after the war; and consequently America could not, during that period, relieve herself from the Chains which the Treaty had fixed upon her. This being the case, the only relief that could come must arise out of something originating in Europe, that would, in its consequences, extend to America. It had long been my opinion that Commerce contained within itself the means of its own protection; but as the time for bringing forward any new system is not always happening, it is necessary to watch its approach, and lay hold of it before it passes away.
As soon as the late Emperor Paul of Russia abandoned his coalition with England and become a Neutral Power, this Crisis of time, and also of circumstances, was then arriving; and I employed it in arranging a plan for the protection of the Commerce of Neutral Nations during War, that might, in its operation and consequences, relieve the Commerce of America. The Plan, with the pieces accompanying it, consisted of about forty pages. The Citizen Bonneville, with whom I lived in Paris, translated it into French; Mr. Skipwith, the American Consul, Joel Barlow, and myself, had the translation printed and distributed as a present to the Foreign Ministers of all the Neutral Nations then resident in Paris. This was in the summer of 1800.
It was entitled Maritime Compact (in FrenchPacte Maritime), The plan, exclusive of the pieces that accompanied it, consisted of the following Preamble and Articles.
MARITIME COMPACT.
Being an Unarmed Association of Nations for the protection of the Rights and Commerce of Nations that shall be neutral in time of War.
Whereas, the Vexations and Injuries to which the Rights and Commerce of Neutral Nations have been, and continue to be, exposed during the time of maritime War, render it necessary to establish a law of Nations for the purpose of putting an end to such vexations and Injuries, and to guarantee to the Neutral Nations the exercise of their just Rights,
We, therefore, the undersigned Powers, form ourselves into an Association, and establish the following as a Law of Nations on the Seas.
ARTICLE THE FIRST. Definition of the Rights of neutral Nations.
The Rights of Nations, such as are exercised by them in their intercourse with each other in time of Peace, are, and of right ought to be, the Rights of Neutral Nations at all times; because,
First, those Rights not having been abandoned by them, remain with them.
Secondly, because those Rights cannot become forfeited or void, in consequence of War breaking out between two or more other Nations.
A War of Nation against Nation being exclusively the act of the Nations that make the War, and not the act of the Neutral Nations, cannot, whether considered in itself or in its consequences, destroy or diminish the Rights of the Nations remaining in Peace.
ARTICLE THE SECOND.
The Ships and Vessels of Nations that rest neuter and at Peace with the World during a War with other Nations, have a Right to navigate freely on the Seas as they navigated before that War broke out, and to proceed to and enter the Port or Ports of any of the Belligerent Powers,with the consent of that Power, without being seized, searched, visited, or any ways interrupted, by the Nation or Nations with which that Nation is at War.
ARTICLE THE THIRD.
For the Conservation of the aforesaid Rights, We, the undersigned Powers, engaging to each other our Sacred Faith and Honour, declare,
That if any Belligerent Power shall seize, search, visit, or any ways interrupt any Ship or Vessel belonging to the Citizens or Subjects of any of the Powers composing this Association, then each and all of the said undersigned Powers will cease to import, and will not permit to be imported into the Ports or Dominions of any of the said undersigned Powers, in any Ship or Vessel whatever, any Goods, wares, or Merchandize, produced or manufactured in, or exported from, the Dominions of the Power so offending against the Association hereby established and Proclaimed.
ARTICLE THE FOURTH.
That all the Ports appertaining to any and all of the Powers composing this Association shall be shut against the Flag of the offending Nation.
ARTICLE THE FIFTH.
That no remittance or payment in Money, Merchandize, or Bills of Exchange, shall be made by any of the Citizens, or Subjects, of any of the Powers composing this Association, to the Citizens or Subjects of the offending Nation, for the Term of one year, or until reparation be made. The reparation to be —— times the amount of the damages sustained.
ARTICLE THE SIXTH.
If any Ship or Vessel appertaining to any of the Citizens or Subjects of any of the Powers composing this Association shall be seized, searched, visited, or interrupted, by any Belligerent Nation, or be forcibly prevented entering the Port of her destination, or be seized, searched, visited, or interrupted, in coming out of such Port, or be forcibly prevented from proceeding to any new destination, or be insulted or visited by any Agent from on board any Vessel of any Belligerent Power, the Government or Executive Power of the Nation to which the Ship or Vessel so seized, searched, visited, or interrupted belongs, shall, on evidence of the fact, make public Proclamation of the same, and send a Copy thereof to the Government, or Executive, of each of the Powers composing this Association, who shall publish the same in all the extent of his Dominions, together with a Declaration, that at the expiration of —— days after publication, the penal articles of this Association shall be put in execution against the offending Nation.
ARTICLE THE SEVENTH.
If reparation be not made within the space of one year, the said Proclamation shall be renewed for one year more, and so on.
ARTICLE THE EIGHTH.
The Association chooses for itself a Flag to be carried at the Mast-head conjointly with the National Flag of each Nation composing this Association.
The Flag of the Association shall be composed of the same colors as compose the Rainbow, and arranged in the same order as they appear in that Phenomenon.
ARTICLE THE NINTH.
And whereas, it may happen that one or more of the Nations composing this Association may be, at the time of forming it, engaged in War or become so in future, in that case, the Ships and Vessels of such Nation shall carry the Flag of the Association bound round the Mast, to denote that the Nation to which she belongs is a Member of the Association and a respecter of its Laws.
N. B. This distinction in the manner of carrying the Flag is mearly for the purpose, that Neutral Vessels having the Flag at the Mast-head, may be known at first sight.
ARTICLE THE TENTH.
And whereas, it is contrary to the moral principles of Neutrality and Peace, that any Neutral Nation should furnish to the Belligerent Powers, or any of them, the means of carrying on War against each other, We, therefore, the Powers composing this Association, Declare, that we will each one for itself, prohibit in our Dominions the exportation or transportation of military stores, comprehending gunpowder, cannon, and cannon-balls, fire arms of all kinds, and all kinds of iron and steel weapons used in War. Excluding therefrom all kinds of Utensils and Instruments used in civil or domestic life, and every other article that cannot, in its immediate state, be employed in War.
Having thus declared the moral Motives of the foregoing Article, We declare also the civil and political Intention thereof, to wit,
That as Belligerent Nations have no right to visit or search any Ship or Vessel belonging to a Nation at Peace, and under the protection of the Laws and Government thereof, and as all such visit or search is an insult to the Nation to which such Ship or Vessel belongs and to the Government of the same, We, therefore, the Powers composing this Association, will take the right of prohibition on ourselves to whom it properly belongs, and by whom only it can be legally exercised, and not permit foreign Nations, in a state of War, to usurp the right of legislating by Proclamation for any of the Citizens or Subjects of the Powers composing this Association.
It is, therefore, in order to take away all pretence of search or visit, which by being offensive might become a new cause of War, that we will provide Laws and publish them by Proclamation, each in his own Dominion, to prohibit the supplying, or carrying to, the Belligerent Powers, or either of them, the military stores or articles before mentioned, annexing thereto a penalty to be levied or inflicted upon any persons within our several Dominions transgressing the same. And we invite all Persons, as well of the Belligerent Nations as of our own, or of any other, to give information of any knowledge they may have of any transgressions against the said Law, that the offenders may be prosecuted.
By this conduct we restore the word Contraband (contraandban) to its true and original signification, which means against Law, edict, or Proclamation; and none but the Government of a Nation can have, or can exercise, the right of making Laws, edicts, or Proclamations, for the conduct of its Citizens or Subjects.
Now We, the undersigned Powers, declare the aforesaid Articles to be a Law of Nations at all times, or until a Congress of Nations shall meet to form some Law more effectual.
And we do recommend that immediately on the breaking out of War between any two or more Nations, that Deputies be appointed by all Neutral Nations, whether members of this Association or not, to meet in Congress in some central place to take cognizance of any violations of the Rights of Neutral Nations.
Signed, &c.
For the purpose of giving operation to the aforesaid plan of anunarmed Association, the following Paragraph was subjoined:
It may be judged proper for the order of Business, that the Association of Nations have a President for a term of years, and the Presidency to pass by rotation, to each of the parties composing the Association.
In that case, and for the sake of regularity, the first President to be the Executive power of the most northerly Nation composing the Association, and his deputy or Minister at the Congress to be President of the Congress,—and the next most northerly to be Vice-president, who shall succeed to the Presidency, and so on. The line determining the Geographical situation of each, to be the latitude of the Capital of each Nation.
If this method be adopted it will be proper that the first President be nominally constituted in order to give rotation to the rest. In that case the following Article might be added to the foregoing, viz't. The Constitution of the Association nominates the Emperor Paul to befirst Presidentof the Association of Nations for the protection of Neutral Commerce, and securing the freedom of the Seas.
The foregoing plan, as I have before mentioned, was presented to the Ministers of all the Neutral Nations then in Paris, in the summer of 1800. Six Copies were given to the Russian General Springporten; and a Russian Gentleman who was going to Petersburgh took two expressly for the purpose of putting them into the hands of Paul I sent the original manuscript, in my own handwriting, to Mr. Jefferson, and also wrote him four Letters, dated the 1st, 4th, 6th, 16th of October, 1800, giving him an account of what was then going on in Europe respecting Neutral Commerce.
The Case was, that in order to compel the English Government to acknowledge the rights of Neutral Commerce, and that free Ships make free Goods, theEmperor Paul, in the month of September following the publication of the plan, shut all the Ports of Russia against England. Sweden and Denmark did the same by their Ports, and Denmark shut up Hamburgh. Prussia shut up the Elbe and the Weser. The ports of Spain, Portugal, and Naples were shut up, and, in general, all the ports of Italy, except Venice, which the Emperor of Germany held; and had it not been for the untimely death of Paul, aLaw of Nations, founded on the authority of Nations, for establishing the rights of Neutral Commerce and the freedom of the Seas, would have been proclaimed, and the Government of England must have consented to that Law, or the Nation must have lost its Commerce; and the consequence to America would have been, that such a Law would, in a great measure if not entirely, have released her from the injuries of Jay's Treaty.
Of all these matters I informed Mr. Jefferson. This was before he was President, and the Letter he wrote me after he was President was in answer to those I had written to him and the manuscript Copy of the plan I had sent here. Here follows the Letter:
Washington, March 18, 1801. Dear Sir:
Your letters of Oct. 1st, 4th, 6th, 16th, came duly to hand, and the papers which they covered were, according to your permission, published in the Newspapers, and in a Pamphlet, and under your own name. These papers contain precisely our principles, and I hope they will be generally recognized here.Determined as we are to avoid, if possible, wasting the energies of our People in war and destruction, we shall avoid implicating ourselves with the Powers of Europe, even in support of principles which we mean to pursue. They have so many other Interests different from ours that we must avoid being entangled in them. We believe we can enforce those principles as to ourselves by Peaceable means, now that we are likely to have our Public Councils detached from foreign views. The return of our citizens from the phrenzy into which they had been wrought, partly by ill conduct in France, partly by artifices practiced upon them, is almost extinct, and will, I believe, become quite so, But these details, too minute and long for a Letter, will be better developed by Mr. Dawson, the Bearer of this, a Member of the late Congress, to whom I refer you for them. He goes in the Maryland Sloop of War, which will wait a few days at Havre to receive his Letters to be written on his arrival at Paris. You expressed a wish to get a passage to this Country in a Public Vessel. Mr. Dawson is charged with orders to the Captain of the Maryland to receive and accommodate you back if you can be ready to depart at such a short warning. Rob't R. Livingston is appointed Minister Plenipotentiary to the Republic of France, but will not leave this, till we receive the ratification of the Convention by Mr. Dawson. I am in hopes you will find us returned generally to sentiments worthy of former times. In these it will be your glory to have steadily laboured and with as much effect as any man living. That you may long live to continue your useful Labours and to reap the reward in the thankfulness of Nations is my sincere prayer. Accept assurances of my high esteem and affectionate attachment.
Thomas Jefferson.
This, Citizens of the United States, is the Letter about which the leaders and tools of the Federal faction, without knowing its contents or the occasion of writing it, have wasted so many malignant falsehoods. It is a Letter which, on account of its wise economy and peaceable principles, and its forbearance to reproach, will be read by every good Man and every good Citizen with pleasure; and the faction, mortified at its appearance, will have to regret they forced it into publication. The least atonement they can now offer is to make the Letter as public as they have made their own infamy, and learn to lie no more.
The same injustice they shewed to Mr. Jefferson they shewed to me. I had employed myself in Europe, and at my own expense, in forming and promoting a plan that would, in its operation, have benefited the Commerce of America; and the faction here invented and circulated an account in the papers they employ, that I had given a plan to the French for burning all the towns on the Coast from Savannah to Baltimore. Were I to prosecute them for this (and I do not promise that I will not, for the Liberty of the Press is not the liberty of lying,) there is not a federal judge, not even one of Midnight appointment, but must, from the nature of the case, be obliged to condemn them. The faction, however, cannot complain they have been restrained in any thing. They have had their full swing of lying uncontradicted; they have availed themselves, unopposed, of all the arts Hypocrisy could devise; and the event has been, what in all such cases it ever will and ought to be,the ruin of themselves.
The Characters of the late and of the present Administrations are now sufficiently marked, and the adherents of each keep up the distinction. The former Administration rendered itself notorious by outrage, coxcombical parade, false alarms, a continued increase of taxes, and an unceasing clamor for War; and as every vice has a virtue opposed to it, the present Administration moves on the direct contrary line. The question, therefore, at elections is not properly a question upon Persons, but upon principles. Those who are for Peace, moderate taxes, and mild Government, will vote for the Administration that conducts itself by those principles, in whatever hands that Administration may be.
There are in the United States, and particularly in the middle States, several religious Sects, whose leading moral principle is PEACE. It is, therefore, impossible that such Persons, consistently with the dictates of that principle, can vote for an Administration that is clamorous for War. When moral principles, rather than Persons, are candidates for Power, to vote is to perform a moral duty, and not to vote is to neglect a duty.
That persons who are hunting after places, offices, and contracts, should be advocates for War, taxes, and extravagance, is not to be wondered at; but that so large a portion of the People who had nothing to depend upon but their Industry, and no other public prospect but that of paying taxes, and bearing the burden, should be advocates for the same measures, is a thoughtlessness not easily accounted for. But reason is recovering her empire, and the fog of delusion is clearing away.
Thomas Paine.
BORDENTOWN, ON THE DELAWARE,
New Jersey, April 21, 1803.(1)