First, you say you have no orders respecting me; consequently, you
have no orders _not_ to reclaim me; and in this case you are left
discretionary judge whether to reclaim or not. My proposal therefore
unites a consideration of your situation with my own.
Secondly, I am put in arrestation because I am a foreigner. It is
therefore necessary to determine to what country I belong. The right of
determining this question cannot appertain exclusively to the Committee
of Public Safety or General Surety; because I appeal to the Minister of
the United States, and show that my citizenship of that country is good
and valid, referring at the same time, thro' the agency of the Minister,
my claim of right to the opinion of Congress. It being a matter between
two Governments.
Thirdly. France does not claim me fora citizen; neither do I set up any
claim of citizenship in France. The question is simply, whether I am
or am not a citizen of America. I am imprisoned here on the decree for
imprisoning foreigners, because, say they, I was born in England. I
say in answer that, though born in England, I am not a subject of the
English Government any more than any other American who was born, as
they all were, under the same Government, or than the Citizens of France
are subjects of the French Monarchy under which they were born. I have
twice taken the oath of abjuration to the British King and Government
and of Allegiance to America,--once as a citizen of the State of
Pennsylvania in 1776, and again before Congress, administered to me by
the President, Mr. Hancock, when I was appointed Secretary in the Office
of Foreign Affairs in 1777.
The letter before quoted in the first page of this memorial, says, "It
would be out of character for an American minister to interfere in the
internal affairs of France." This goes on the idea that I am a citizen
of France, and a member of the Convention, which is not the fact. The
Convention have declared me to be a foreigner; and consequently the
citizenship and the election are null and void.(1) It also has the
appearance of a Decision, that the article of the Constitution,
respecting grants made to American Citizens by foreign kings, princes,
or states, is applicable to me; which is the very point in question,
and against the application of which I contend. I state evidence to the
Minister, to shew that I am not within the letter or meaning of that
Article; that it cannot operate against me; and I apply to him for the
protection that I conceive I have a right to ask and to receive. The
internal affairs of France are out of the question with respect to my
application or his interference. I ask it not as a citizen of France,
for I am not one: I ask it not as a member of the Convention, for I am
not one; both these, as before said, have been rendered null and void;
I ask it not as a man against whom there is any accusation, for there
is none; I ask it not as an exile from America, whose liberties I
have honourably and generously contributed to establish; I ask it as a
Citizen of America, deprived of his liberty in France, under the plea of
being a foreigner; and I ask it because I conceive I am entitled to it,
upon every principle of Constitutional Justice and National honour.(2)
1 In the pamphlet: "The Convention included me in the vote
for dismissing foreigners from the Convention, and the
Committees imprisoned me as a foreigner."--_Editor._
2 All previous editions of the pamphlet end with this
word.--_Editor._
But tho' I thus positively assert my claim because I believe I have a
right to do so, it is perhaps most eligible, in the present situation
of things, to put that claim upon the footing I have already mentioned;
that is, that the Minister reclaims me conditionally until the opinion
of Congress can be obtained on the subject of my citizenship of America,
and that I remain in liberty under the protection of the Minister during
that interval.
N. B. I should have added that as Gouverneur Morris could not inform
Congress of the cause of my arrestation, as he knew it not himself, it
is to be supposed that Congress was not enough acquainted with the case
to give any directions respecting me when you came away.