Citizens Representatives: If I should not express myself with the energy I used formerly to do, you will attribute it to the very dangerous illness I have suffered in the prison of the Luxembourg. For several days I was insensible of my own existence; and though I am much recovered, it is with exceeding great difficulty that I find power to write you this letter.
1 Written in Luxembourg prison, August 7, 1794. Robespierrehaving fallen July 29th, those who had been imprisoned underhis authority were nearly all at once released, but Paineremained. There were still three conspirators against him onthe Committee of Public Safety, and to that Committee thisappeal was unfortunately confided; consequently it neverreached the Convention. The circumstances are related atlength infra, in the introduction to the Memorial to Monroe(XXI.). It will also be seen that Paine was mistaken in hisbelief that his imprisonment was due to the enmity ofRobespierre, and this he vaguely suspected when hisimprisonment was prolonged three months after Robespierre'sdeath.—Editor..
But before I proceed further, I request the Convention to observe: that this is the first line that has come from me, either to the Convention or to any of the Committees, since my imprisonment,—which is approaching to eight months. —Ah, my friends, eight months' loss of liberty seems almost a life-time to a man who has been, as I have been, the unceasing defender of Liberty for twenty years.
I have now to inform the Convention of the reason of my not having written before. It is a year ago that I had strong reason to believe that Robespierre was my inveterate enemy, as he was the enemy of every man of virtue and humanity. The address that was sent to the Convention some time about last August from Arras, the native town of Robespierre, I have always been informed was the work of that hypocrite and the partizans he had in the place. The intention of that address was to prepare the way for destroying me, by making the people declare (though without assigning any reason) that I had lost their confidence; the Address, however, failed of success, as it was immediately opposed by a counter-address from St. Omer, which declared the direct contrary. But the strange power that Robespierre, by the most consummate hypocrisy and the most hardened cruelties, had obtained, rendered any attempt on my part to obtain justice not only useless but dangerous; for it is the nature of Tyranny always to strike a deeper blow when any attempt has been made to repel a former one. This being my situation, I submitted with patience to the hardness of my fate and waited the event of brighter days. I hope they are now arrived to the nation and to me.
Citizens, when I left the United States in the year 1787 I promised to all my friends that I would return to them the next year; but the hope of seeing a revolution happily established in France, that might serve as a model to the rest of Europe,(1) and the earnest and disinterested desire of rendering every service in my power to promote it, induced me to defer my return to that country, and to the society of my friends, for more than seven years. This long sacrifice of private tranquillity, especially after having gone through the fatigues and dangers of the American Revolution which continued almost eight years, deserved a better fate than the long imprisonment I have silently suffered. But it is not the nation but a faction that has done me this injustice. Parties and Factions, various and numerous as they have been, I have always avoided. My heart was devoted to all France, and the object to which I applied myself was the Constitution. The Plan which I proposed to the Committee, of which I was a member, is now in the hands of Barhre, and it will speak for itself.
1 Revolutions have now acquired such sanguinary associationsthat it is important to bear in mind that by "revolution"Paine always means simply a change or reformation ofgovernment, which might be and ought to be bloodless. See"Rights of Man" Part II., vol. ii. of this work, pp. 513,523.—:Editor.
It is perhaps proper that I inform you of the cause as-assigned in the order for my imprisonment. It is that I am 'a Foreigner'; whereas, theForeignerthus imprisoned was invited into France by a decree of the late National Assembly, and that in the hour of her greatest danger, when invaded by Austrians and Prussians. He was, moreover, a citizen of the United States of America, an ally of France, and not a subject of any country in Europe, and consequently not within the intentions of any decree concerning Foreigners. But any excuse can be made to serve the purpose of malignity when in power.
I will not intrude on your time by offering any apology for the broken and imperfect manner in which I have expressed myself. I request you to accept it with the sincerity with which it comes from my heart; and I conclude with wishing Fraternity and prosperity to France, and union and happiness to her representatives.
Citizens, I have now stated to you my situation, and I can have no doubt but your justice will restore me to the Liberty of which I have been deprived.
Thomas Paine.
Luxembourg, Thermidor 19, 2nd Year of the French Republic, one and indivisible.
The Memorial is here printed from the manuscript of Paine now among the Morrison Papers, in the British Museum,—no doubt the identical document penned in Luxembourg prison. The paper in the United States State Department (vol. vii., Monroe Papers) is accompanied by a note by Monroe: "Mr. Paine, Luxembourg, on my arrival in France, 1794. My answer was after the receipt of his second letter. It is thought necessary to print only those parts of his that relate directly to his confinement, and to omit all between the parentheses in each." The paper thus inscribed seems to have been a wrapper for all of Paine's letters. An examination of the MS. at Washington does not show any such "parentheses," indicating omissions, whereas that in the British Museum has such marks, and has evidently been prepared for the press,—being indeed accompanied by the long title of the French pamphlet. There are other indications that the British Museum MS. is the original Memorial from which was printed in Paris the pamphlet entitled:
"Mimoire de Thomas Payne, autographe et signi de sa main: addressi ` M. Monroe, ministre des Itats-unis en france, pour riclamer sa mise en liberti comme citoyen Amiricain, 10 Sept 1794. Robespierre avait fait arrjter Th. Payne, en 1793—il fut conduit au Luxembourg oy le glaive fut longtemps suspendu sur sa tjte. Aprhs onze mois de captiviti, il recouvra la liberti, sur la riclamation du ministre Amiricain—c'itait aprhs la chute de Robespierre—il reprit sa place ` la convention, le 8 dicembre 1794. (18 frimaire an iii.) Ce Mimoire contient des renseigne mens curieux sur la conduite politique de Th. Payne en france, pendant la Rivolution, et ` l'ipoque du prochs de Louis XVI. Ce n'est point, dit il, comme Quaker, qu'il ne vota pas La Mort du Roi mais par un sentiment d'humaniti, qui ne tenait point ` ses principes religieux. Villenave."
No date is given, but the pamphlet probably appeared early in 1795. Matthieu Gillaume Thirhse Villenave (b. 1762, d. 1846) was a journalist, and it will be noticed that he, or the translator, modifies Paine's answer to Marat about his Quakerism. There are some loose translations in the cheap French pamphlet, but it is the only publication which has given Paine's Memorial with any fulness. Nearly ten pages of the manuscript were omitted from the Memorial when it appeared as an Appendix to the pamphlet entitled "Letter to George Washington, President of the United States of America, on Affairs public and private." By Thomas Paine, Author of the Works entitled, Common Sense, Rights of Man, Age of Reason, &c. Philadelphia: Printed by Benj. Franklin Bache, No. 112 Market Street. 1796. [Entered according to law.] This much-abridged copy of the Memorial has been followed in all subsequent editions, so that the real document has not hitherto appeared.(1)
In appending the Memorial to his "Letter to Washington," Paine would naturally omit passages rendered unimportant by his release, but his friend Bache may have suppressed others that might have embarrassed American partisans of France, such as the scene at the king's trial.
1 Bache's pamphlet reproduces the portrait engraved inVillenave, where it is underlined: "Peint par Ped [Peale] `Philadelphie, Dessini par F. Bonneville, Gravi par Sandoz."In Bache it is: "Bolt sc. 1793 "; and beneath this thecurious inscription: "Thomas Paine. Secretair d. Americ:Congr: 1780. Mitgl: d. fr. Nat. Convents. 1793." Theportrait is a variant of that now in Independence Hall, andone of two painted by C. W. Peale. The other (in which thechin is supported by the hand) was for religious reasonsrefused by the Boston Museum when it purchased thecollection of "American Heroes" from Rembrandt Peale. It wasbought by John McDonough, whose brother sold it to Mr.Joseph Jefferson, the eminent actor, and perished when hishouse was burned at Buzzard's Bay. Mr. Jefferson writes methat he meant to give the portrait to the Paine MemorialSociety, Boston; "but the cruel fire roasted the splendidInfidel, so I presume the saints are satisfied."
This description, however, and a large proportion of the suppressed pages, are historically among the most interesting parts of the Memorial, and their restoration renders it necessary to transfer the document from its place as an appendix to that of a preliminary to the "Letter to Washington."
Paine's Letter to Washington burdens his reputation today more, probably, than any other production of his pen. The traditional judgment was formed in the absence of many materials necessary for a just verdict. The editor feels under the necessity of introducing at this point an historical episode; he cannot regard it as fair to the memory of either Paine or Washington that these two chapters should be printed without a full statement of the circumstances, the most important of which, but recently discovered, were unknown to either of those men. In the editor's "Life of Thomas Paine" (ii., pp. 77-180) newly discovered facts and documents bearing on the subject are given, which may be referred to by those who desire to investigate critically such statements as may here appear insufficiently supported. Considerations of space require that the history in that work should be only summarized here, especially as important new details must be added.
Paine was imprisoned (December 28, 1793) through the hostility of Gouverneur Morris, the American Minister in Paris. The fact that the United States, after kindling revolution in France by its example, was then represented in that country by a Minister of vehement royalist opinions, and one who literally entered into the service of the King to defeat the Republic, has been shown by that Minister's own biographers. Some light is cast on the events that led to this strange situation by a letter written to M. de Mont-morin, Minister of Foreign Affairs, by a French Chargi d'Affaires, Louis Otto, dated Philadelphia, 10 March, 1792. Otto, a nobleman who married into the Livingston family, was an astute diplomatist, and enjoyed the intimacy of the Secretary of State, Jefferson, and of his friends. At the close of a long interview Jefferson tells him that "The secresy with which the Senate covers its deliberations serves to veil personal interest, which reigns therein in all its strength." Otto explains this as referring to the speculative operations of Senators, and to the commercial connections some of them have with England, making them unfriendly to French interests.
"Among the latter the most remarkable is Mr. Robert Morris, of English birth, formerly Superintendent of Finance, a man of greatest talent, whose mercantile speculations are as unlimited as his ambition. He directs the Senate as he once did the American finances in making it keep step with his policy and his business.... About two years ago Mr. Robert Morris sent to France Mr. Gouverneur Morris to negotiate a loan in his name, and for different other personal matters.... During his sojourn in France, Mr. Rob. Morris thought he could make him more useful for his aims by inducing the President of the United States to entrust him with a negotiation with England relative to the Commerce of the two countries. M. Gouv. Morris acquitted himself in this as an adroit man, and with his customary zeal, but despite his address (insinuation) obtained only the vague hope of an advantageous commercial treaty on condition of anAlliance resembling that between France and the United States.... [Mr. Robert Morris] is himself English, and interested in all the large speculations founded in this country for Great Britain.... His great services as Superintendent of Finance during the Revolution have assured him the esteem and consideration of General Washington, who, however, is far from adopting his views about France. The warmth with which Mr. Rob. Morris opposed in the Senate the exemption of Frencharmateursfrom tonnage, demanded by His Majesty, undoubtedly had for its object to induce the king, by this bad behavior, to break the treaty, in order to facilitate hereafter the negotiations begun with England to form an alliance. As for Mr. Gouv. Morris he is entirely devoted to his correspondent, with whom he has been constantly connected in business and opinion. His great talents are recognized, and his extreme quickness in conceiving new schemes and gaining others to them. He is perhaps the most eloquent and ingenious man of his country, but his countrymen themselves distrust his talents. They admire but fear him." (1)
1 Archives of the State Department, Paris, Itats Unis.,vol. 35, fol. 301.
The Commission given to Gouverneur Morris by Washington, to which Otto refers, was in his own handwriting, dated October 13, 1789, and authorized him "in the capacity of private agent, and in the credit of this letter, to converse with His Britannic Majesty's ministers on these points, viz. whether there be any, and what objection to performing those articles of the treaty which remained to be performed on his part; and whether they incline to a treaty of commerce on any and what terms. This communication ought regularly to be made to you by the Secretary of State; but, that office not being at present filled, my desire of avoiding delays induces me to make it under my own hand."(1)
The President could hardly have assumed the authority of secretly appointing a virtual ambassador had there not been a tremendous object in view: this, as he explains in an accompanying letter, was to secure the evacuation by Great Britain of the frontier posts. This all-absorbing purpose of Washington is the key to his administration. Gouverneur Morris paved the way for Jay's treaty, and he was paid for it with the French mission. The Senate would not have tolerated his appointment to England, and only by a majority of four could the President secure his confirmation as Minister to France (January 12, 1792). The President wrote Gouverneur Morris (January 28th) a friendly lecture about the objections made to him, chiefly that he favored the aristocracy and was unfriendly to the revolution, and expressed "the fullest confidence" that, supposing the allegations founded, he would "effect a change." But Gouverneur Morris remained the agent of Senator Robert Morris, and still held Washington's mission to England, and he knew only as "conspirators" the rulers who succeeded Louis XVI. Even while utilizing them, he was an agent of Great Britain in its war against the country to which he was officially commissioned.
1 Ford's "Writings of George Washington" vol. xi., p. 440.
Lafayette wrote to Washington ("Paris, March 15,1792") the following appeal:
"Permit me, my dear General, to make an observation for yourself alone, on the recent selection of an American ambassador. Personally I am a friend of Gouverneur Morris, and have always been, in private, quite content with him; but the aristocratic and really contra-revolutionary principles which he has avowed render him little fit to represent the only government resembling ours.... I cannot repress the desire that American and French principles should be in the heart and on the lips of the ambassador of the United States in France." (1)
In addition to this; two successive Ministers from France, after the fall of the Monarchy, conveyed to the American Government the most earnest remonstrances against the continuance of Gouverneur Morris in their country, one of them reciting the particular offences of which he was guilty. The President's disregard of all these protests and entreaties, unexampled perhaps in history, had the effect of giving Gouverneur Morris enormous power over the country against which he was intriguing. He was recognized as the Irremovable. He represented Washington's fixed and unalterable determination, and this at a moment when the main purpose of the revolutionary leaders was to preserve the alliance with America. Robespierre at that time ( 1793) had special charge of diplomatic affairs, and it is shown by the French historian, Fridiric Masson, that he was very anxious to recover for the republic the initiative of the American alliance credited to the king; and "although their Minister, Gouverneur Morris, was justly suspected, and the American republic was at that time aiming only to utilize the condition of its ally, the French republic cleared it at a cheap rate of its debts contracted with the King."(2) Morris adroitly held this doubt, whether the alliance of his government with Louis XVI. would be continued to that King's executioners, over the head of the revolutionists, as a suspended sword. Under that menace, and with the authentication of being Washington's irremovable mouthpiece, this Minister had only to speak and it was done.
1 "Mimoire;, etc., du General Lafayette," Bruxelles, 1837,tome ii., pp. 484,485.2 "Le Dipartement des Affaires Itranghres pendant laRivolution," p. 395.
Meanwhile Gouverneur Morris was steadily working in France for the aim which he held in common with Robert Morris, namely to transfer the alliance from France to England. These two nations being at war, it was impossible for France to fulfil all the terms of the alliance; it could not permit English ships alone to seize American provisions on the seas, and it was compelled to prevent American vessels from leaving French ports with cargoes certain of capture by British cruisers. In this way a large number of American Captains with their ships were detained in France, to their distress, but to their Minister's satisfaction. He did not fail to note and magnify all "infractions" of the treaty, with the hope that they might be the means of annulling it in favor of England, and he did nothing to mitigate sufferings which were counts in his indictment of the Treaty.
It was at this point that Paine came in the American Minister's way. He had been on good terms with Gouverneur Morris, who in 1790 (May 29th) wrote from London to the President:
"On the 17th Mr. Paine called to tell me that he had conversed on the same subject [impressment of American seamen] with Mr. Burke, who had asked him if there was any minister, consul, or other agent of the United States who could properly make application to the Government: to which he had replied in the negative; but said that I was here, who had been a member of Congress, and was therefore the fittest person to step forward. In consequence of what passed thereupon between them he [Paine] urged me to take the matter up, which I promised to do. On the 18th I wrote to the Duke of Leeds requesting an interview."
1 Force's "American State Papers, For. Rel.," vol. i.
At that time (1790) Paine was as yet a lion in London, thus able to give Morris a lift. He told Morris, in 1792 that he considered his appointment to France a mistake. This was only on the ground of his anti-republican opinions; he never dreamed of the secret commissions to England. He could not have supposed that the Minister who had so promptly presented the case of impressed seamen in England would not equally attend to the distressed Captains in France; but these, neglected by their Minister, appealed to Paine. Paine went to see Morris, with whom he had an angry interview, during which he asked Morris "if he did not feel ashamed to take the money of the country and do nothing for it." Paine thus incurred the personal enmity of Gouverneur Morris. By his next step he endangered this Minister's scheme for increasing the friction between France and America; for Paine advised the Americans to appeal directly to the Convention, and introduced them to that body, which at once heeded their application, Morris being left out of the matter altogether. This was August 22d, and Morris was very angry. It is probable that the Americans in Paris felt from that time that Paine was in danger, for on September 13th a memorial, evidently concocted by them, was sent to the French government proposing that they should send Commissioners to the United States to forestall the intrigues of England, and that Paine should go with them, and set forth their case in the journals, as he "has great influence with the people." This looks like a design to get Paine safely out of the country, but it probably sealed his fate. Had Paine gone to America and reported there Morris's treacheries to France and to his own country, and his licentiousness, notorious in Paris, which his diary has recently revealed to the world, the career of the Minister would have swiftly terminated. Gouverneur Morris wrote to Robert Morris that Paine was intriguing for his removal, and intimates that he (Paine) was ambitious of taking his place in Paris. Paine's return to America must be prevented.
Had the American Minister not been well known as an enemy of the republic it might have been easy to carry Paine from the Convention to the guillotine; but under the conditions the case required all of the ingenuity even of a diplomatist so adroit as Gouverneur Morris. But fate had played into his hand. It so happened that Louis Otto, whose letter from Philadelphia has been quoted, had become chief secretary to the Minister of Foreign Affairs in Paris, M. Deforgues. This Minister and his Secretary, apprehending the fate that presently overtook both, were anxious to be appointed to America. No one knew better than Otto the commanding influence of Gouverneur Morris, as Washington's "irremovable" representative, both in France and America, and this desire of the two frightened officials to get out of France was confided to him.(1) By hope of his aid, and by this compromising confidence, Deforgues came under the power of a giant who used it like a giant. Morris at once hinted that Paine was fomenting the troubles given by Genjt to Washington in America, and thus set in motion the procedure by which Paine was ultimately lodged in prison.
There being no charge against Paine in France, and no ill-will felt towards him by Robespierre, compliance with the supposed will of Washington was in this case difficult. Six months before, a law had been passed to imprison aliens of hostile nationality, which could not affect Paine, he being a member of the Convention and an American. But a decree was passed, evidently to reach Paine, "that no foreigner should be admitted to represent the French people"; by this he was excluded from the Convention, and the Committee of General Surety enabled to take the final step of assuming that he was an Englishman, and thus under the decree against aliens of hostile nations.(2)
1 Letter of Gouverneur Morris to Washington, Oct 19, 1793.Sparks's "Life of Gouverneur Morris," vol. ii., p. 375.2 Although, as I have said, there was no charge againstPaine in France, and none assigned in any document connectedwith his arrest, some kind of insinuation had to be made inthe Convention to cover proceedings against a Deputy, andBourdon de l'Oise said, "I know that he has intrigued with aformer agent of the bureau of Foreign Affairs." It will beseen by the third addendum to the Memorial to Monroe thatPaine supposed this to refer to Louis Otto, who had been hisinterpreter in an interview requested by Barhre, of theCommittee of Public Safety. But as Otto was then, early inSeptember, 1793, Secretary in the Foreign Office, and Barhrea fellow-terrorist of Bourdon, there could be no accusationbased on an interview which, had it been probed, would haveput Paine's enemies to confusion. It is doubtful, however,if Paine was right in his conjecture. The reference ofBourdon was probably to the collusion between Paine andGenjt suggested by Morris.
Paine was thus lodged in prison simply to please Washington, to whom it was left to decide whether he had been rightly represented by his Minister in the case. When the large number of Americans in Paris hastened in a body to the Convention to demand his release, the President (Vadier) extolled Paine, but said his birth in England brought him under the measures of safety, and referred them to the Committees. There they were told that "their reclamation was only the act of individuals, without any authority from the American Government." Unfortunately the American petitioners, not understanding by this a reference to the President, unsuspiciously repaired to Morris, as also did Paine by letter. The Minister pretended compliance, thereby preventing their direct appeal to the President. Knowing, however, that America would never agree that nativity under the British flag made Paine any more than other Americans a citizen of England, the American Minister came from Sain-port, where he resided, to Paris, and secured from the obedient Deforgues a certificate that he had reclaimed Paine as an American citizen, but that he was held as aFrenchcitizen. This ingeniously prepared certificate which was sent to the Secretary of State (Jefferson), and Morris's pretended "reclamation,"which was never sent to America, are translated in my "Life of Paine," and here given in the original.
@ Paris le 14 fivrier 1794, 26 pluvitse.
Le Minisire plinipotentiaire des Itats Unis de l'Amirique prhs la Ripublique frangaise au Ministre des Affaires Itranghres.
Monsieur:
Thomas Paine vient de s'adresser ` moi pour que je le riclame comme Citoyen des Itats Unis. Voici (je crois) les Faits que le regardent. Il est ni en Angleterre. Devenu ensuite Citoyen des Itats Unis il s'y est acquise une grande cilibriti par des Icrits rivolutionnaires. En consequence il f{t adopti Citoyen frangais et ensuite ilu membre de la Convention. Sa conduite depuis cette ipoque n'est pas de mon ressort. J'ignore la cause de sa Ditention actuelle dans la prison du Luxembourg, mais je vous prie Monsieur (si des raisons que ne me sont pas connues s'opposent ` sa liberation) de vouloir bien m'en instruire pour que je puisse les communiquer au Gouvernement des Itats Unis. J'ai l'honneur d'jtre, Monsieur,
Votre trhs humble Serviteur
Gouv. Morris.
Paris, i Venttse l'An ad. de la Ripublique une et indivisible.
Le Ministre des Affaires Itranghres au Ministre Plinipotentiaire des Itats Unis de V Amirique prhs la Ripublique Frangaise.
Par votre lettre du 26 du mois dernier, vous riclamez la liberti de Thomas Faine, comme Citoyen amiricain. Ni en Angleterre, cet ex-deputi est devenu successivement Citoyen Amiricain et Citoyen frangais. En acceptant ce dernier titre et en remplissant une place dans le Corps Ligislatif, il est soumis aux lob de la Ripublique et il a renonci de fait ` la protection que le droit des gens et les traitis conclus avec les Itats Unis auraient pu lui assurer.
J'ignore les motifs de sa ditention mais je dois prisumer q{ils bien fondis. Je vois nianmoins soumettre au Comiti de Salut Public la dimande que vous m'avez adressie et je m'empresserai de vous faire connantre sa dicision.
Dir ORGUBS. (1)
1 Archives of the Foreign Office, Paris, "Itats Unis," vol.xl. Translations:—Morris: "Sir,—Thomas Paine has justapplied to me to claim him as a citizen of the UnitedStates. Here (I believe) are the facts relating to him. Hewas born in England. Having afterwards become a citizen ofthe United States, he acquired great celebrity there by hisrevolutionary writings. In consequence he was adopted aFrench citizen and then elected Member of the Convention.His conduct since this epoch is out of my jurisdiction. I amignorant of the reason for his present detention in theLuxembourg prison, but I beg you, sir (if reasons unknown tome prevent his liberation), be so good as to inform me, thatI may communicate them to the government of the UnitedStates." Deporgurs: "By your letter of the 36th of lastmonth you reclaim the liberty of Thomas Paine as an Americancitizen. Born in England, this ex-deputy has becomesuccessively an American and a French citizen. In acceptingthis last title, and in occupying a place in the CorpsLigislatif he submitted himself to the laws of the Republic,and has certainly renounced the protection which the law ofnations, and treaties concluded with the United States,could have assured him. I am ignorant of the motives of hisdetention, but I must presume they are well founded. I shallnevertheless submit to the Committee of Public Safety thedemand you have addressed to me, and I shall lose no time inletting you know its decision."
It will be seen that Deforgues begins his letter with a falsehood: "You reclaim the liberty of Paine as an American citizen." Morris's letter had declared him a French citizen out of his (the American Minister's) "jurisdiction." Morris states for Deforgues his case, and it is obediently adopted, though quite discordant with the decree, which imprisoned Paine as a foreigner. Deforgues also makes Paine a member of a non-existent body, the "Corps Ligislatif," which might suggest in Philadelphia previous connection with the defunct Assembly. No such inquiries as Deforgues promised, nor any, were ever made, and of course none were intended. Morris had got from Deforgues the certificate he needed to show in Philadelphia and to Americans in Paris. His pretended "reclamation" was of course withheld: no copy of it ever reached America till brought from French archives by the present writer. Morris does not appear to have ventured even to keep a copy of it himself. The draft (presumably in English), found among his papers by Sparks, alters the fatal sentence which deprived Paine of his American citizenship and of protection. "Res-sort"—jurisdiction—which has a definite technical meaning in the mouth of a Minister, is changed to "cognizance"; the sentence is made to read, "his conduct from that time has not come under my cognizance." (Sparks's "Life of Gouverneur Morris," i., p. 401). Even as it stands in his book, Sparks says: "The application, it must be confessed, was neither pressing in its terms, nor cogent in its arguments."
The American Minister, armed with this French missive, dictated by himself, enclosed it to the Secretary of State, whom he supposed to be still Jefferson, with a letter stating that he had reclaimed Paine as an American, that he (Paine) was held to answer for "crimes," and that any further attempt to release him would probably be fatal to the prisoner. By these falsehoods, secured from detection by the profound secrecy of the Foreign Offices in both countries, Morris paralyzed all interference from America, as Washington could not of course intervene in behalf of an American charged with "crimes" committed in a foreign country, except to demand his trial. But it was important also to paralyze further action by Americans in Paris, and to them, too, was shown the French certificate of a reclamation never made. A copy was also sent to Paine, who returned to Morris an argument which he entreated him to embody in a further appeal to the French Minister. This document was of course buried away among the papers of Morris, who never again mentioned Paine in any communication to the French government, but contented himself with personal slanders of his victim in private letters to Washington's friend, Robert Morris, and no doubt others. I quote Sparks's summary of the argument unsuspectingly sent by Paine to Morris:
"He first proves himself to have been an American citizen, a character of which he affirms no subsequent act had deprived him. The title of French citizen was a mere nominal and honorary one, which the Convention chose to confer, when they asked him to help them in making a Constitution. But let the nature or honor of the title be what it might, the Convention had taken it away of their own accord. 'He was excluded from the Convention on the motion for excludingforeigners. Consequently he was no longer under the law of the Republic as acitizen, but under the protection of the Treaty of Alliance, as fully and effectually as any other citizen of America. It was therefore the duty of the American Minister to demand his release.'"
To this Sparks adds:
"Such is the drift of Paine's argument, and it would seem indeed that he could not be a foreigner and a citizen at the same time. It was hard that his only privilege of citizenship should be that of imprisonment. But this logic was a little too refined for the revolutionary tribunals of the Jacobins in Paris, and Mr. Morris well knew it was not worth while to preach it to them. He did not believe there was any serious design at that time against the life of the prisoner, and he considered his best chance of safety to be in preserving silence for the present. Here the matter rested, and Paine was left undisturbed till the arrival of Mr. Monroe, who procured his discharge from confinement." ("Life of Gouverneur Morris," i., p. 417.)l
Sparks takes the gracious view of the man whose Life he was writing, but the facts now known turn his words to sarcasm. The Terror by which Paine suffered was that of Morris, who warned him and his friends, both in Paris and America, that if his case was stirred the knife would fall on him. Paine declares (see xx.) that this danger kept him silent till after the fall of Robespierre. None knew so well as Morris that there were no charges against Paine for offences in France, and that Robespierre was awaiting that action by Washington which he (Morris) had rendered impossible. Having thus suspended the knife over Paine for six months, Robespierre interpreted the President's silence, and that of Congress, as confirmation of Morris's story, and resolved on the execution of Paine "in the interests of America as well as of France"; in other words to conciliate Washington to the endangered alliance with France.
Paine escaped the guillotine by the strange accident related in a further chapter. The fall of Robespierre did not of course end his imprisonment, for he was not Robespierre's but Washington's prisoner. Morris remained Minister in France nearly a month after Robespierre's death, but the word needed to open Paine's prison was not spoken. After his recall, had Monroe been able at once to liberate Paine, an investigation must have followed, and Morris would probably have taken his prisoner's place in the Luxembourg. But Morris would not present his letters of recall, and refused to present his successor, thus keeping Monroe out of his office four weeks. In this he was aided by Bourdon de l'Oise (afterwards banished as a royalist conspirator, but now a commissioner to decide on prisoners); also by tools of Robespierre who had managed to continue on the Committee of Public Safety by laying their crimes on the dead scapegoat—Robespierre. Against Barhre (who had signed Paine's death-warrant), Billaud-Varennes, and Colloit d'Her-bois, Paine, if liberated, would have been a terrible witness. The Committee ruled by them had suppressed Paine's appeal to the Convention, as they presently suppressed Monroe's first appeal. Paine, knowing that Monroe had arrived, but never dreaming that the manoeuvres of Morris were keeping him out of office, wrote him from prison the following letters, hitherto unpublished.
1 There is no need to delay the reader here with anyargument about Paine's unquestionable citizenship, thatpoint having been settled by his release as an American, andthe sanction of Monroe's action by his government. There wasno genuineness in any challenge of Paine's citizenship, buta mere desire to do him an injury. In this it had marvelloussuccess. Ten years after Paine had been reclaimed by Monroe,with the sanction of Washington, as an American citizen, hisvote was refused at New Rochelle, New York, by thesupervisor, Elisha Ward, on the ground that Washington andMorris had refused to Declaim him. Under his picture of thedead Paine, Jarvis, the artist, wrote: "A man who devotedhis whole life to the attainment of two objects—rights ofman, and freedom of conscience—had his vote denied whenliving, and was denied a grave when dead."—Editor.
August 17th, 1794.
My Dear Sir: As I believe none of the public papers have announced your name right I am unable to address you by it, but anewminister from America is joy to me and will be so to every American in France.
Eight months I have been imprisoned, and I know not for what, except that the order says that I am a Foreigner. The Illness I have suffered in this place (and from which I am but just recovering) had nearly put an end to my existence. My life is but of little value to me in this situation tho' I have borne it with a firmness of patience and fortitude.
I enclose you a copy of a letter, (as well the translation as the English)—which I sent to the Convention after the fall of the Monster Robespierre—for I was determined not to write a line during the time of his detestable influence. I sent also a copy to the Committee of public safety—but I have not heard any thing respecting it. I have now no expectation of delivery but by your means—Morris has been my inveterate enemyand I think he has permitted something of the national Character of America to suffer by quietly letting a Citizen of that Country remain almost eight months in prison without making every official exertion to procure him justice,—for every act of violence offered to a foreigner is offered also to the Nation to which he belongs.
The gentleman, Mr. Beresford, who will present you this has been very friendly to me.(1) Wishing you happiness in your appointment, I am your affectionate friend and humble servant.
August 18th, 1794.
Dear Sir: In addition to my letter of yesterday (sent to Mr. Beresford to be conveyed to you but which is delayed on account of his being at St. Germain) I send the following memoranda.
I was in London at the time I was elected a member of this Convention. I was elected a Deputi in four different departments without my knowing any thing of the matter, or having the least idea of it. The intention of electing the Convention before the time of the former Legislature expired, was for the purpose of reforming the Constitution or rather for forming a new one. As the former Legislature shewed a disposition that I should assist in this business of the new Constitution, they prepared the way by voting me a French Citoyen (they conferred the same title on General Washington and certainly I had no more idea than he had of vacating any part of my real Citizenship of America for a nominal one in France, especially at a time when she did not know whether she would be a Nation or not, and had it not even in her power to promise me protection). I was elected (the second person in number of Votes, the Abbi Sieves being first) a member for forming the Constitution, and every American in Paris as well as my other acquaintance knew that it was my intention to return to America as soon as the Constitution should be established. The violence of Party soon began to shew itself in the Convention, but it was impossible for me to see upon what principle they differed—unless it was a contention for power. I acted however as I did in America, I connected myself with no Party, but considered myself altogether a National Man—but the case with Parties generally is that when you are not with one you are supposed to be with the other.
1 A friendly lamp-lighter, alluded to in the Letter toWashington, conveyed this letter to Mr. Beresford.—Editor.
I was taken out of bed between three and four in the morning on the 28 of December last, and brought to the Luxembourg—without any other accusation inserted in the order than that I was a foreigner; a motion having been made two days before in the Convention to expel Foreigners therefrom. I certainly then remained, even upon their own tactics, what I was before, a Citizen of America.
About three weeks after my imprisonment the Americans that were in Paris went to the bar of the Convention to reclaim me, but contrary to my advice, they made their address into a Petition, and it miscarried. I then applied to G. Morris, to reclaim me as an official part of his duty, which he found it necessary to do, and here the matter stopt.(1) I have not heard a single line or word from any American since, which is now seven months. I rested altogether on the hope that a new Minister would arrive from America. I have escaped with life from more dangers than one. Had it not been for the fall of Roberspierre and your timely arrival I know not what fate might have yet attended me. There seemed to be a determination to destroy all the Prisoners without regard to merit, character, or any thing else. During the time I laid at the height of my illness they took, in one night only, 169 persons out of this prison and executed all but eight. The distress that I have suffered at being obliged to exist in the midst of such horrors, exclusive of my own precarious situation, suspended as it were by the single thread of accident, is greater than it is possible you can conceive—but thank God times are at last changed, and I hope that your Authority will release me from this unjust imprisonment.