I ever must deny, that the article of the American constitution
already mentioned, can be applied either verbally, intentionally,
or constructively, to me. It undoubtedly was the intention of the
Convention that framed it, to preserve the purity of the American
republic from being debased by foreign and foppish customs; but it never
could be its intention to act against the principles of liberty, by
forbidding its citizens to assist in promoting those principles in
foreign Countries; neither could it be its intention to act against
the principles of gratitude.(1) France had aided America in the
establishment of her revolution, when invaded and oppressed by England
and her auxiliaries. France in her turn was invaded and oppressed by a
combination of foreign despots. In this situation, I conceived it an act
of gratitude in me, as a citizen of America, to render her in return the
best services I could perform. I came to France (for I was in England
when I received the invitation) not to enjoy ease, emoluments, and
foppish honours, as the article supposes; but to encounter difficulties
and dangers in defence of liberty; and I much question whether those who
now malignantly seek (for some I believe do) to turn this to my injury,
would have had courage to have done the same thing. I am sure Gouverneur
Morris would not. He told me the second day after my arrival, (in
Paris,) that the Austrians and Prussians, who were then at Verdun,
would be in Paris in a fortnight. I have no idea, said he, that seventy
thousand disciplined troops can be stopped in their march by any power
in France.
1 This and the two preceding paragraphs, including the
footnote, are entirely omitted from the American pamphlet.
It will be seen that Paine had now a suspicion of the
conspiracy between Gouverneur Morris and those by whom he
was imprisoned. Soon after his imprisonment he had applied
to Morris, who replied that he had reclaimed him, and
enclosed the letter of Deforgues quoted in my Introduction
to this chapter, of course withholding his own letter to the
Minister. Paine answered (Feb. 14, 1793): "You must not
leave me in the situation in which this letter places me.
You know I do not deserve it, and you see the unpleasant
situation in which I am thrown. I have made an answer to the
Minister's letter, which I wish you to make ground of a
reply to him. They have nothing against me--except that they
do not choose I should lie in a state of freedom to write my
mind freely upon things I have seen. Though you and I are
not on terms of the best harmony, I apply to you as the
Minister of America, and you may add to that service
whatever you think my integrity deserves. At any rate I
expect you to make Congress acquainted with my situation,
and to send them copies of the letters that have passed on
the subject. A reply to the Minister's letter is absolutely
necessary, were it only to continue the reclamation.
Otherwise your silence will be a sort of consent to his
observations." Deforgues' "observations" having been
dictated by Morris himself, no reply was sent to him, and no
word to Congress.--_Editor_.
2 In the pamphlet this last clause of the sentence is
omitted.--_Editor._.
Besides the reasons I have already given for accepting the invitations
to the Convention, I had another that has reference particularly to
America, and which I mentioned to Mr. Pinckney the night before I left
London to come to Paris: "That it was to the interest of America that
the system of European governments should be changed and placed on the
same principle with her own." Mr. Pinckney agreed fully in the same
opinion. I have done my part towards it.(1)
It is certain that governments upon similar systems agree better
together than those that are founded on principles discordant with each
other; and the same rule holds good with respect to the people living
under them. In the latter case they offend each other by pity, or by
reproach; and the discordancy carries itself to matters of commerce. I
am not an ambitious man, but perhaps I have been an ambitious American.
I have wished to see America the _Mother Church_ of government, and I
have done my utmost to exalt her character and her condition.
1 In the American pamphlet the name of Pinckney (American
Minister in England) is left blank in this paragraph, and
the two concluding sentences are omitted from both the
French and American pamphlets.--_Editor._,
I have now stated sufficient matter, to shew that the Article in
question is not applicable to me; and that any such application to my
injury, as well in circumstances as in Rights, is contrary both to
the letter and intention of that Article, and is illegal and
unconstitutional. Neither do I believe that any Jury in America, when
they are informed of the whole of the case, would give a verdict to
deprive me of my Rights upon that Article. The citizens of America,
I believe, are not very fond of permitting forced and indirect
explanations to be put upon matters of this kind. I know not what were
the merits of the case with respect to the person who was prosecuted for
acting as prize master to a french privateer, but I know that the jury
gave a verdict against the prosecution. The Rights I have acquired
are dear to me. They have been acquired by honourable means, and by
dangerous service in the worst of times, and I cannot passively permit
them to be wrested from me. I conceive it my duty to defend them, as the
case involves a constitutional and public question, which is, how
far the power of the federal government (1) extends, in depriving any
citizen of his Rights of Citizenship, or of suspending them.
That the explanation of National Treaties belongs to Congress is
strictly constitutional; but not the explanation of the Constitution
itself, any more than the explanation of Law in the case of individual
citizens. These are altogether Judiciary questions. It is, however,
worth observing, that Congress, in explaining the Article of the Treaty
with respect to french prizes and french privateers, confined itself
strictly to the letter of the Article. Let them explain the Article
of the Constitution with respect to me in the same manner, and the
decision, did it appertain to them, could not deprive me of my Rights of
Citizenship, or suspend them, for I have accepted nothing from any king,
prince, state, or Government.
You will please to observe, that I speak as if the federal Government
had made some declaration upon the subject of my Citizenship; whereas
the fact is otherwise; and your saying that you have no order respecting
me is a proof of it. Those therefore who propagate the report of my not
being considered as a Citizen of America by Government, do it to the
prolongation of my imprisonment, and without authority; for Congress,
_as a government_, has neither decided upon it, nor yet taken the matter
into consideration; and I request you to caution such persons against
spreading such reports. But be these matters as they may, I cannot have
a doubt that you find and feel the case very different, since you have
heard what I have to say, and known what my situation is [better] than
you did before your arrival.
1 In the pamphlet occurs here a significant parenthesis by
Bache: "it should have been said in this case, how far the
Executive."--_Editor._.
But it was not the Americans only, but the Convention also, that
knew what my intentions were upon that subject. In my last discourse
delivered at the Tribune of the Convention, January 19,1793, on the
motion for suspending the execution of Louis 16th, I said (the Deputy
Bancal read the translation in French): "It unfortunately happens that
the person who is the subject of the present discussion, is considered
by the Americans as having been the friend of their revolution. His
execution will be an affliction to them, and it is in your power not
to wound the feelings of your ally. Could I speak the french language I
would descend to your bar, and in their name become your petitioner to
respite the execution of the sentence/"--"As the convention was elected
for the express purpose of forming a Constitution, its continuance
cannot be longer than four or five months more at furthest; and if,
after my _return to America_, I should employ myself in writing the
history of the french Revolution, I had rather record a thousand
errors on the side of mercy, than be obliged to tell one act of severe
Justice."--"Ah Citizens! give not the tyrant of England the triumph
of seeing the man perish on a scaffold who had aided my much-loved
America."
Does this look as if I had abandoned America? But if she abandons me
in the situation I am in, to gratify the enemies of humanity, let that
disgrace be to herself. But I know the people of America better than to
believe it,(1) tho' I undertake not to answer for every individual.
When this discourse was pronounced, Marat launched himself into the
middle of the hall and said that "I voted against the punishment of
death because I was a quaker." I replied that "I voted against it both
morally and politically."
1 In the French pamphlet: "pour jamais lui preter du tels
sentiments."
I certainly went a great way, considering the rage of the times, in
endeavouring to prevent that execution. I had many reasons for so doing.
I judged, and events have shewn that I judged rightly, that if they once
began shedding blood, there was no knowing where it would end; and as
to what the world might call _honour_ the execution would appear like a
nation killing a mouse; and in a political view, would serve to transfer
the hereditary claim to some more formidable Enemy. The man could do no
more mischief; and that which he had done was not only from the vice of
his education, but was as much the fault of the Nation in restoring
him after he had absconded June 21st, 1791, as it was his. I made
the proposal for imprisonment until the end of the war and perpetual
banishment after the war, instead of the punishment of death. Upwards of
three hundred members voted for that proposal. The sentence for absolute
death (for some members had voted the punishment of death conditionally)
was carried by a majority of twenty-five out of more than seven hundred.