1 See vol. i. of this work, pp. 97, 98, 109, no.--_Editor._.

Having thus cleared away a little of the rubbish that might otherwise

have lain in my way, I return to the point of time at which the present

Federal Constitution and your administration began. It was very well

said by an anonymous writer in Philadelphia, about a year before that

period, that "_thirteen staves and ne'er a hoop will not make a barrel_"

and as any kind of hooping the barrel, however defectively executed,

would be better than none, it was scarcely possible but that

considerable advantages must arise from the federal hooping of the

States. It was with pleasure that every sincere friend of America

beheld, as the natural effect of union, her rising prosperity; and it

was with grief they saw that prosperity mixed, even in the blossom,

with the germ of corruption. Monopolies of every kind marked your

administration almost in the moment of its commencement. The lands

obtained by the revolution were lavished upon partisans; the interest

of the disbanded soldier was sold to the speculator; injustice was acted

under the pretence of faith; and the chief of the army became the patron

of the fraud.(2) From such a beginning what else could be expected, than

what has happened? A mean and servile submission to the insults of one

nation; treachery and ingratitude to another.

2 The history of the Scioto Company, by which so many

Frenchmen as well as Americans were ruined, warranted an

even stronger statement. Though Washington did not know what

was going on, he cannot be acquitted of a lack of due

precaution in patronizing leading agents of these

speculations, and introducing them in France.--_Editor._

Some vices make their approach with such a splendid appearance, that we

scarcely know to what class of moral distinctions they belong. They

are rather virtues corrupted than vices, originally. But meanness and

ingratitude have nothing equivocal in their character. There is not a

trait in them that renders them doubtful. They are so originally vice,

that they are generated in the dung of other vices, and crawl into

existence with the filth upon their back. The fugitives have found

protection in you, and the levee-room is their place of rendezvous.

As the Federal Constitution is a copy, though not quite so base as the

original, of the form of the British Government, an imitation of its

vices was naturally to be expected. So intimate is the connection

between _form and practice_, that to adopt the one is to invite the

other. Imitation is naturally progressive, and is rapidly so in matters

that are vicious.

Soon after the Federal Constitution arrived in England, I received a

letter from a female literary correspondent (a native of New York) very

well mixed with friendship, sentiment, and politics. In my answer

to that letter, I permitted myself to ramble into the wilderness of

imagination, and to anticipate what might hereafter be the condition

of America. I had no idea that the picture I then drew was realizing

so fast, and still less that Mr. Washington was hurrying it on. As the

extract I allude to is congenial with the subject I am upon, I here

transcribe it:

[_The extract is the same as that given in a footnote, in

the Memorial to Monroe, p. 180_.]

Impressed, as I was, with apprehensions of this kind, I had America

constantly in my mind in all the publications I afterwards made. The

First, and still more the Second, Part of the Rights of Man, bear

evident marks of this watchfulness; and the Dissertation on First

Principles of Government [XXIV.] goes more directly to the point than

either of the former. I now pass on to other subjects.

It will be supposed by those into whose hands this letter may fall, that

I have some personal resentment against you; I will therefore settle

this point before I proceed further.

If I have any resentment, you must acknowledge that I have not been

hasty in declaring it; neither would it now be declared (for what are

private resentments to the public) if the cause of it did not unite

itself as well with your public as with your private character, and with

the motives of your political conduct.

The part I acted in the American revolution is well known; I shall not

here repeat it. I know also that had it not been for the aid received

from France, in men, money and ships, that your cold and unmilitary

conduct (as I shall shew in the course of this letter) would in all

probability have lost America; at least she would not have been the

independent nation she now is. You slept away your time in the field,

till the finances of the country were completely exhausted, and you have

but little share in the glory of the final event. It is time, sir, to

speak the undisguised language of historical truth.

Elevated to the chair of the Presidency, you assumed the merit of every

thing to yourself, and the natural ingratitude of your constitution

began to appear. You commenced your Presidential career by encouraging

and swallowing the grossest adulation, and you travelled America from

one end to the other to put yourself in the way of receiving it. You

have as many addresses in your chest as James the II. As to what were

your views, for if you are not great enough to have ambition you are

little enough to have vanity, they cannot be directly inferred from

expressions of your own; but the partizans of your politics have

divulged the secret.

John Adams has said, (and John it is known was always a speller after

places and offices, and never thought his little services were highly

enough paid,)--John has said, that as Mr. Washington had no child, the

Presidency should be made hereditary in the family of Lund Washington.

John might then have counted upon some sinecure himself, and a provision

for his descendants. He did not go so far as to say, also, that the

Vice-Presidency should be hereditary in the family of John Adams. He

prudently left that to stand on the ground that one good turn deserves

another.(*)

John Adams is one of those men who never contemplated the origin of

government, or comprehended any thing of first principles. If he had,

he might have seen, that the right to set up and establish hereditary

government, never did, and never can, exist in any generation at any

time whatever; that it is of the nature of treason; because it is an

attempt to take away the rights of all the minors living at that time,

and of all succeeding generations. It is of a degree beyond common

treason. It is a sin against nature. The equal right of every generation

is a right fixed in the nature of things. It belongs to the son when of

age, as it belonged to the father before him. John Adams would himself

deny the right that any former deceased generation could have to

decree authoritatively a succession of governors over him, or over his

children; and yet he assumes the pretended right, treasonable as it is,

of acting it himself. His ignorance is his best excuse.

John Jay has said,(**) (and this John was always the sycophant of

every thing in power, from Mr. Girard in America, to Grenville in

England,)--John Jay has said, that the Senate should have been appointed

for life. He would then have been sure of never wanting a lucrative

appointment for himself, and have had no fears about impeachment. These

are the disguised traitors that call themselves Federalists.(**)

Could I have known to what degree of corruption and perfidy the

administrative part of the government of America had descended, I

could have been at no loss to have understood the reservedness of Mr.

Washington towards me, during my imprisonment in the Luxembourg. There

are cases in which silence is a loud language. I will here explain the

cause of that imprisonment, and return to Mr. Washington afterwards.

* Two persons to whom John Adams said this, told me of it.

The secretary of Mr. Jay was present when it was told to

me.--_Author_.

** If Mr. John Jay desires to know on what authority I say

this, I will give that authority publicly when he chooses to

call for it--_Author_.

In the course of that rage, terror and suspicion, which the brutal

letter of the Duke of Brunswick first started into existence in France,

it happened that almost every man who was opposed to violence, or who

was not violent himself, became suspected. I had constantly been opposed

to every thing which was of the nature or of the appearance of violence;

but as I had always done it in a manner that shewed it to be a principle

founded in my heart, and not a political manouvre, it precluded the

pretence of accusing me. I was reached, however, under another pretence.

A decree was passed to imprison all persons born in England; but as

I was a member of the Convention, and had been complimented with the

honorary style of Citizen of France, as Mr. Washington and some other

Americans had been, this decree fell short of reaching me. A motion was

afterwards made and carried, supported chiefly by Bourdon de l'Oise,

for expelling foreigners from the Convention. My expulsion being thus

effected, the two committees of Public Safety and of General Surety,

of which Robespierre was the dictator, put me in arrestation under the

former decree for imprisoning persons born in England. Having thus shewn

under what pretence the imprisonment was effected, I come to speak of

such parts of the case as apply between me and Mr. Washington, either as

a President or as an individual.

I have always considered that a foreigner, such as I was in fact, with

respect to France, might be a member of a Convention for framing a

Constitution, without affecting his right of citizenship in the

country to which he belongs, but not a member of a government after

a Constitution is formed; and I have uniformly acted upon this

distinction" To be a member of a government requires that a person be

in allegiance to that government and to the country locally. But a

Constitution, being a thing of principle, and not of action, and

which, after it is formed, is to be referred to the people for their

approbation or rejection, does not require allegiance in the persons

forming and proposing it; and besides this, it is only to the thing

after it be formed and established, and to the country after its

governmental character is fixed by the adoption of a constitution, that

the allegiance can be given. No oath of allegiance or of citizenship was

required of the members who composed the Convention: there was nothing

existing in form to swear allegiance to. If any such condition had been

required, I could not, as Citizen of America in fact, though Citizen of

France by compliment, have accepted a seat in the Convention.

As my citizenship in America was not altered or diminished by any thing

I had done in Europe, (on the contrary, it ought to be considered as

strengthened, for it was the American principle of government that I

was endeavouring to spread in Europe,) and as it is the duty of every

govern-ment to charge itself with the care of any of its citizens who

may happen to fall under an arbitrary persecution abroad, and is also

one of the reasons for which ambassadors or ministers are appointed,--it

was the duty of the Executive department in America, to have made (at

least) some enquiries about me, as soon as it heard of my imprisonment.

But if this had not been the case, that government owed it to me on

every ground and principle of honour and gratitude. Mr. Washington owed

it to me on every score of private acquaintance, I will not now say,

friendship; for it has some time been known by those who know him, that

he has no friendships; that he is incapable of forming any; he can serve

or desert a man, or a cause, with constitutional indifference; and it is

this cold hermaphrodite faculty that imposed itself upon the world,

and was credited for a while by enemies as by friends, for prudence,

moderation and impartiality.(1)

1 "L'on pent dire qu'il [Washington] jouit de tous les

avantages possibles a l'exception des douceurs de

l'amitie."--Louis Otto, Charge d'Affaires (at New York) to

his government, 13 June, 1790. French Archives, vol. 35, No.

32.--Editor.

Soon after I was put into arrestation, and imprisoned in the Luxembourg,

the Americans who were then in Paris went in a body to the bar of the

Convention to reclaim me. They were answered by the then President

Vadier, who has since absconded, that _I was born in England_, and it

was signified to them, by some of the Committee of _General Surety_, to

whom they were referred (I have been told it was Billaud Varennes,) that

their reclamation of me was only the act of individuals, without any

authority from the American government.

A few days after this, all communications from persons imprisoned to

any person without the prison was cut off by an order of the Police. I

neither saw, nor heard from, any body for six months; and the only hope

that remained to me was, that a new Minister would arrive from America

to supercede Morris, and that he would be authorized to enquire into

the cause of my imprisonment. But even this hope, in the state to which

matters were daily arriving, was too remote to have any consolatory

effect, and I contented myself with the thought, that I might be

remembered when it would be too late. There is perhaps no condition from

which a man conscious of his own uprightness cannot derive consolation;

for it is in itself a consolation for him to find, that he can bear that

condition with calmness and fortitude.

From about the middle of March (1794) to the fall of Robespierre

July 29, (9th of Thermidor,) the state of things in the prisons was a

continued scene of horror. No man could count upon life for twenty-four

hours. To such a pitch of rage and suspicion were Robespierre and his

Committee arrived, that it seemed as if they feared to leave a man

living. Scarcely a night passed in which ten, twenty, thirty, forty,

fifty, or more, were not taken out of the prison, carried before a

pretended tribunal in the morning, and guillotined before night. One

hundred and sixty-nine were taken out of the Luxembourg one night, in

the month of July, and one hundred and sixty of them guillotined. A

list of two hundred more, according to the report in the prison, was

preparing a few days before Robespierre fell. In this last list I have

good reason to believe I was included. A memorandum in the hand-writing

of Robespierre was afterwards produced in the Convention, by the

committee to whom the papers of Robespierre were referred, in these

words:

"Demander que Thomas "I Demand that Thomas Paine

"Payne soit decrete d'ac- be decreed of accusation

"cusation pour les inte- for the interests of America

"rotsde l'Amerique,autant as well as of France."

"que de la France."

1 In reading this the Committee added, "Why Thomas Payne

more than another? Because He helped to establish the

liberty of both worlds."--_Editor_.

I had then been imprisoned seven months, and the silence of the

Executive part of the government of America (Mr. Washington) upon the

case, and upon every thing respecting me, was explanation enough to

Robespierre that he might proceed to extremities.

A violent fever which had nearly terminated my existence, was, I

believe, the circumstance that preserved it. I was not in a condition to

be removed, or to know of what was passing, or of what had passed, for

more than a month. It makes a blank in my remembrance of life. The first

thing I was informed of was the fall of Robespierre.

About a week after this, Mr. Monroe arrived to supercede Gouverneur

Morris, and as soon as I was able to write a note legible enough to be

read, I found a way to convey one to him by means of the man who lighted

the lamps in the prison; and whose unabated friendship to me, from whom

he had never received any service, and with difficulty accepted any

recompense, puts the character of Mr. Washington to shame.

In a few days I received a message from Mr. Monroe, conveyed to me in a

note from an intermediate person, with assurance of his friendship, and

expressing a desire that I would rest the case in his hands. After a

fortnight or more had passed, and hearing nothing farther, I wrote to a

friend who was then in Paris, a citizen of Philadelphia, requesting him

to inform me what was the true situation of things with respect to me. I

was sure that something was the matter; I began to have hard thoughts of

Mr. Washington, but I was unwilling to encourage them.

In about ten days, I received an answer to my letter, in which the

writer says, "Mr. Monroe has told me that he has no order [meaning from

the President, Mr. Washington] respecting you, but that he (Mr. Monroe)

will do every thing in his power to liberate you; but, from what I learn

from the Americans lately arrived in Paris, you are not considered,

either by the American government, or by the individuals, as an American

citizen."

I was now at no loss to understand Mr. Washington and his new fangled

faction, and that their policy was silently to leave me to fall in

France. They were rushing as fast as they could venture, without

awakening the jealousy of America, into all the vices and corruptions of

the British government; and it was no more consistent with the policy

of Mr. Washington, and those who immediately surrounded him, than it was

with that of Robespierre or of Pitt, that I should survive. They have,

however, missed the mark, and the reaction is upon themselves.

Upon the receipt of the letter just alluded to, I sent a memorial to Mr.

Monroe, which the reader will find in the appendix, and I received from

him the following answer.(1) It is dated the 18th of September, but did

not come to hand till about the 4th of October. I was then failing into

a relapse, the weather was becoming damp and cold, fuel was not to be

had, and the abscess in my side, the consequence of these things, and

of the want of air and exercise, was beginning to form, and which has

continued immoveable ever since. Here follows Mr. Monroe's letter.

1 The appendix consisted of an abridgment of the Memorial,

which forms the preceding chapter (XXI.) in this volume.--

_Editor._.

Paris, September 18th, 1794. "Dear Sir,

"I was favoured soon after my arrival here with several letters from

you, and more latterly with one in the character of memorial upon the

subject of your confinement; and should have answered them at the

times they were respectively written had I not concluded you would have

calculated with certainty upon the deep interest I take in your welfare,

and the pleasure with which I shall embrace every opportunity in my

power to serve you. I should still pursue the same course, and for

reasons which must obviously occur, if I did not find that you are

disquieted with apprehensions upon interesting points, and which justice

to you and our country equally forbid you should entertain. You mention

that you have been informed you are not considered as an American

citizen by the Americans, and that you have likewise heard that I had

no instructions respecting you by the government. I doubt not the person

who gave you the information meant well, but I suspect he did not even

convey accurately his own ideas on the first point: for I presume the

most he could say is, that you had likewise become a French citizen,

and which by no means deprived you of being an American one. Even

this, however, may be doubted, I mean the acquisition of citizenship in

France, and I confess you have said much to show that it has not been

made. I really suspect that this was all that the gentleman who wrote

to you, and those Americans he heard speak upon the subject meant. It

becomes my duty, however, to declare to you, that I consider you as

an American citizen, and that you are considered universally in that

character by the people of America. As such you are entitled to my

attention; and so far as it can be given consistently with those

obligations which are mutual between every government and even a

transient passenger, you shall receive it.

"The Congress have never decided upon the subject of citizenship in

a manner to regard the present case. By being with us through the

revolution you are of our country as absolutely as if you had been born

there, and you are no more of England, than every native American is.

This is the true doctrine in the present case, so far as it becomes

complicated with any other consideration. I have mentioned it to make

you easy upon the only point which could give you any disquietude.

"Is it necessary for me to tell you how much all your countrymen, I

speak of the great mass of the people, are interested in your welfare?

They have not forgotten the history of their own revolution and the

difficult scenes through which they passed; nor do they review its

several stages without reviving in their bosoms a due sensibility of the

merits of those who served them in that great and arduous conflict. The

crime of ingratitude has not yet stained, and I trust never will stain,

our national character. You are considered by them as not only having

rendered important service in our own revolution, but as being, on a

more extensive scale, the friend of human rights, and a distinguished

and able advocate in favour of public liberty. To the welfare of Thomas

Paine, the Americans are not, nor can they be, indifferent.

"Of the sense which the President has always entertained of your merits,

and of his friendly disposition towards you, you are too well assured

to require any declaration of it from me. That I forward his wishes

in seeking your safety is what I well know, and this will form an

additional obligation on me to perform what I should otherwise consider

as a duty.

"You are, in my opinion, at present menaced by no kind of danger.

To liberate you, will be an object of my endeavours, and as soon as

possible. But you must, until that event shall be accomplished, bear

your situation with patience and fortitude. You will likewise have the

justice to recollect, that I am placed here upon a difficult theatre*

many important objects to attend to, with few to consult It becomes me

in pursuit of those to regulate my conduct in respect to each, as to

the manner and the time, as will, in my judgment, be best calculated to

accomplish the whole.

"With great esteem and respect consider me personally your friend,

"James Monroe."

The part in Mr. Monroe's letter, in which he speaks of the President,

(Mr. Washington,) is put in soft language. Mr. Monroe knew what Mr.

Washington had said formerly, and he was willing to keep that in view.

But the fact is, not only that Mr. Washington had given no orders to Mr.

Monroe, as the letter [of Whiteside] stated, but he did not so much as

say to him, enquire if Mr. Paine be dead or alive, in prison or out, or

see if there be any assistance we can give him.

This I presume alludes to the embarrassments which the

strange conduct of Gouverneur Morris had occasioned, and

which, I well know, had created suspicions of the sincerity

of Mr. Washington.--_Author_. voi. m--ij

While these matters were passing, the liberations from the prisons were

numerous; from twenty to forty in the course of almost every twenty-four

hours. The continuance of my imprisonment after a new Minister had

arrived immediately from America, which was now more than two months,

was a matter so obviously strange, that I found the character of the

American government spoken of in very unqualified terms of reproach;

not only by those who still remained in prison, but by those who were

liberated, and by persons who had access to the prison from without.

Under these circumstances I wrote again to Mr. Monroe, and found

occasion, among other things, to say: "It will not add to the popularity

of Mr. Washington to have it believed in America, as it is believed

here, that he connives at my imprisonment."

The case, so far as it respected Mr. Monroe, was, that having to get

over the difficulties, which the strange conduct of Gouverneur Morris

had thrown in the way of a successor, and having no authority from the

American government to speak officially upon any thing relating to me,

he found himself obliged to proceed by unofficial means with individual

members; for though Robespierre was overthrown, the Robespierrian

members of the Committee of Public Safety still remained in considerable

force, and had they found out that Mr. Monroe had no official authority

upon the case, they would have paid little or no regard to his

reclamation of me. In the mean time my health was suffering exceedingly,

the dreary prospect of winter was coming on, and imprisonment was still

a thing of danger. After the Robespierrian members of the Committee were

removed by the expiration of their time of serving, Mr. Monroe reclaimed

me, and I was liberated the 4th of November. Mr. Monroe arrived in Paris

the beginning of August before. All that period of my imprisonment,

at least, I owe not to Robespierre, but to his colleague in projects,

George Washington. Immediately upon my liberation, Mr. Monroe invited me

to his house, where I remained more than a year and a half; and I speak

of his aid and friendship, as an open-hearted man will always do in such

a case, with respect and gratitude.

Soon after my liberation, the Convention passed an unanimous vote,

to invite me to return to my seat among them. The times were still

unsettled and dangerous, as well from without as within, for the

coalition was unbroken, and the constitution not settled. I chose,

however, to accept the invitation: for as I undertake nothing but what

I believe to be right, I abandon nothing that I undertake; and I

was willing also to shew, that, as I was not of a cast of mind to be

deterred by prospects or retrospects of danger, so neither were my

principles to be weakened by misfortune or perverted by disgust.

Being now once more abroad in the world, I began to find that I was

not the only one who had conceived an unfavourable opinion of Mr.

Washington; it was evident that his character was on the decline as well

among Americans as among foreigners of different nations. From being the

chief of the government, he had made himself the chief of a party;

and his integrity was questioned, for his politics had a doubtful

appearance. The mission of Mr. Jay to London, notwithstanding there

was an American Minister there already, had then taken place, and was

beginning to be talked of. It appeared to others, as it did to me, to

be enveloped in mystery, which every day served either to increase or to

explain into matter of suspicion.

In the year 1790, or about that time, Mr. Washington, as President,

had sent Gouverneur Morris to London, as his secret agent to have some

communication with the British Ministry. To cover the agency of Morris

it was given out, I know not by whom, that he went as an agent from

Robert Morris to borrow money in Europe, and the report was permitted

to pass uncontradicted. The event of Morris's negociation was, that Mr.

Hammond was sent Minister from England to America, Pinckney from

America to England, and himself Minister to France. If, while Morris was

Minister in France, he was not a emissary of the British Ministry and

the coalesced powers, he gave strong reasons to suspect him of it. No

one who saw his conduct, and heard his conversation, could doubt his

being in their interest; and had he not got off the time he did, after

his recall, he would have been in arrestation. Some letters of his had

fallen into the hands of the Committee of Public Safety, and enquiry was

making after him.

A great bustle had been made by Mr. Washington about the conduct of

Genet in America, while that of his own Minister, Morris, in France, was

infinitely more reproachable. If Genet was imprudent or rash, he was not

treacherous; but Morris was all three. He was the enemy of the French

revolution, in every stage of it. But notwithstanding this conduct

on the part of Morris, and the known profligacy of his character, Mr.

Washington in a letter he wrote to him at the time of recalling him on

the complaint and request of the Committee of Public Safety, assures

him, that though he had complied with that request, he still retained

the same esteem and friendship for him as before. This letter Morris was

foolish enough to tell of; and, as his own char-acter and conduct were

notorious, the telling of it could have but one effect, which was that

of implicating the character of the writer.(1) Morris still loiters

in Europe, chiefly in England; and Mr. Washington is still in

correspondence with him. Mr. Washington ought, therefore, to expect,

especially since his conduct in the affairs of Jay's treaty, that France

must consider Morris and Washington as men of the same description. The

chief difference, however, between the two is, (for in politics there

is none,) that the one is profligate enough to profess an indifference

about _moral_ principles, and the other is prudent enough to conceal the

want of them.

1 Washington wrote to Morris, June 19,1794, "my confidence

in and friendship for you remain undiminished." It was not

"foolish" but sagacious to show this one sentence, without

which Morris might not have escaped out of France. The

letter reveals Washington's mental decline. He says "until

then [Fauchet's demand for recall of Morris, early 1794] I

had supposed you stood well with the powers that were."

Lafayette had pleaded for Morris's removal, and two French

Ministers before Fauchet, Ternant and Genet, had expressed

their Government's dissatisfaction with him. See Ford's

Writings of Washington, vii., p. 453; also Editor's

Introduction to XXI.--_Editor._

About three months after I was at liberty, the official note of Jay

to Grenville on the subject of the capture of American vessels by the

British cruisers, appeared in the American papers that arrived at Paris.

Every thing was of a-piece. Every thing was mean. The same kind of

character went to all circumstances public or private. Disgusted at

this national degradation, as well as at the particular conduct of Mr.

Washington to me, I wrote to him (Mr. Washington) on the 22d of February

(1795) under cover to the then Secretary of State, (Mr. Randolph,) and

entrusted the letter to Mr. Le-tombe, who was appointed French consul

to Philadelphia, and was on the point of taking his departure. When I

supposed Mr. Letombe had sailed, I mentioned the letter to Mr. Monroe,

and as I was then in his house, I shewed it to him. He expressed a

wish that I would recall it, which he supposed might be done, as he had

learnt that Mr. Letombe had not then sailed. I agreed to do so, and it

was returned by Mr. Letombe under cover to Mr. Monroe.

The letter, however, will now reach Mr. Washington publicly in the

course of this work.

About the month of September following, I had a severe relapse which

gave occasion to the report of my death. I had felt it coming on a

considerable time before, which occasioned me to hasten the work I

had then in hand, the _Second part of the Age of Reason_. When I had

finished that work, I bestowed another letter on Mr. Washington, which I

sent under cover to Mr. Benj. Franklin Bache of Philadelphia. The letter

is as follows:

"Paris, September 20th, 1795.

"Sir,

"I had written you a letter by Mr. Letombe, French consul, but, at the

request of Mr. Monroe, I withdrew it, and the letter is still by me.

I was the more easily prevailed upon to do this, as it was then my

intention to have returned to America the latter end of the present

year, 1795; but the illness I now suffer prevents me. In case I had

come, I should have applied to you for such parts of your official

letters (and of your private ones, if you had chosen to give them) as

contained any instructions or directions either to Mr. Monroe, or to

Mr. Morris, or to any other person respecting me; for after you were

informed of my imprisonment in France, it was incumbent on you to have

made some enquiry into the cause, as you might very well conclude that I

had not the opportunity of informing you of it. I cannot understand your

silence upon this subject upon any other ground, than as _connivance_ at

my imprisonment; and this is the manner it is understood here, and will

be understood in America, unless you give me authority for contradicting

it. I therefore write you this letter, to propose to you to send me

copies of any letters you have written, that may remove that suspicion.

In the preface to the second part of the Age of Reason, I have given a

memorandum from the hand-writing of Robespierre, in which he proposed a

decree of accusation against me, '_for the interests of America as well

as of France!_' He could have no cause for putting America in the

case, but by interpreting the silence of the American government into

connivance and consent. I was imprisoned on the ground of being born

in England; and your silence in not enquiring into the cause of that

imprisonment, and reclaiming me against it, was tacitly giving me up. I

ought not to have suspected you of treachery; but whether I recover

from the illness I now suffer or not, I shall continue to think you

treacherous, till you give me cause to think otherwise. I am sure you

would have found yourself more at your ease, had you acted by me as

you ought; for whether your desertion of me was intended to gratify the

English Government, or to let me fall into destruction in France that

you might exclaim the louder against the French Revolution, or whether

you hoped by my extinction to meet with less opposition in mounting up

the American government--either of these will involve you in reproach

you will not easily shake off.

"THOMAS Paine."

1 Washington Papers in State Department. Endorsed by Bache:

"Jan. 18, 1796. Enclosed to Benj. Franklin Bache, and by him

forwarded immediately upon receipt."--_Editor._.

Here follows the letter above alluded to, which I had stopped in

complaisance to Mr. Monroe.

"Paris, February aad, 1795.

"Sir,

"As it is always painful to reproach those one would wish to respect, it

is not without some difficulty that I have taken the resolution to

write to you. The dangers to which I have been exposed cannot have been

unknown to you, and the guarded silence you have observed upon that

circumstance is what I ought not to have expected from you, either as a

friend or as President of the United States.

"You knew enough of my character to be assured that I could not have

deserved imprisonment in France; and, without knowing any thing more

than this, you had sufficient ground to have taken some interest for my

safety. Every motive arising from recollection of times past, ought to

have suggested to you the propriety of such a measure. But I cannot find

that you have so much as directed any enquiry to be made whether I

was in prison or at liberty, dead or alive; what the cause of that

imprisonment was, or whether there was any service or assistance you

could render. Is this what I ought to have expected from America, after

the part I had acted towards her, or will it redound to her honour or

to yours, that I tell the story? I do not hesitate to say, that you have

not served America with more disinterestedness, or greater zeal, or more

fidelity, than myself, and I know not if with better effect. After the

revolution of America was established I ventured into new scenes

of difficulties to extend the principles which that revolution had

produced, and you rested at home to partake of the advantages. In the

progress of events, you beheld yourself a President in America, and me a

prisoner in France. You folded your arms, forgot your friend, and became

silent.

"As every thing I have been doing in Europe was connected with my wishes

for the prosperity of America, I ought to be the more surprised at this

conduct on the part of her government. It leaves me but one mode of

explanation, which is, _that every thing is not as it ought to be

amongst you_, and that the presence of a man who might disapprove, and

who had credit enough with the country to be heard and believed, was not

wished for. This was the operating motive with the despotic faction

that imprisoned me in France, (though the pretence was, that I was a

foreigner,) and those that have been silent and inactive towards me

in America, appear to me to have acted from the same motive. It is

impossible for me to discover any other.(1)

"After the part I have taken in the revolution of America, it is

natural that I feel interested in whatever relates to her character

and prosperity. Though I am not on the spot to see what is immediately

acting there, I see some part of what she is acting in Europe. For

your own sake, as well as for that of America, I was both surprised

and concerned at the appointment of Gouverneur Morris to be Minister

to France. His conduct has proved that the opinion I had formed of that

appointment was well founded. I wrote that opinion to Mr. Jefferson at

the time, and I was frank enough to say the same thing to Morris--_that

it was an unfortunate appointment?_ His prating, insignificant

pomposity, rendered him at once offensive, suspected, and ridiculous;

and his total neglect of all business had so disgusted the Americans,

that they proposed drawing up a protest against him. He carried this

neglect to such an extreme, that it was necessary to inform him of it;

and I asked him one day, if he did not feel himself ashamed to take the

money of the country, and do nothing for it?' But Morris is so fond of

profit and voluptousness, that he cares nothing about character. Had

he not been removed at the time he was, I think his conduct would have

precipitated the two countries into a rupture; and in this case,

hated _systematically_ as America is and ever will be by the British

government, and at the same time suspected by France, the commerce of

America would have fallen a prey to both countries.

1 This paragraph of the original letter was omitted from the

American pamphlet, probably by the prudence of Mr. Bache.--

_Editor._

2 "I have just heard of Gouverneur Morris's appointment. It

is a most unfortunate one; and, as I shall mention the same

thing to him when I see him, I do not express it to you with

the injunction of confidence."--Paine to Jefferson, Feb.

13,1792.--_Editor._

3 Paine could not of course know that Morris was willing

that the Americans, to whom he alludes, captains of captured

vessels, should suffer, in order that there might be a case

against France of violation of treaty, which would leave the

United States free to transfer the alliance to England. See

Introduction to XXI.. also my "Life of Paine," ii., p.

83.--_Editor._.

"If the inconsistent conduct of Morris exposed the interest of America

to some hazard in France, the pusillanimous conduct of Mr. Jay in

England has rendered the American government contemptible in Europe.

Is it possible that any man who has contributed to the independence of

Amer-ica, and to free her from the tyranny and injustice of the British

government, can read without shame and indignation the note of Jay to

Grenville? It is a satire upon the declaration of Independence, and an

encouragement to the British government to treat America with contempt.

At the time this Minister of Petitions was acting this miserable part,

he had every means in his hands to enable him to have done his business

as he ought. The success or failure of his mission depended upon the

success or failure of the French arms. Had France failed, Mr. Jay might

have put his humble petition in his pocket, and gone home. The case

happened to be otherwise, and he has sacrificed the honour and perhaps

all the advantages of it, by turning petitioner. I take it for granted,

that he was sent over to demand indemnification for the captured

property; and, in this case, if he thought he wanted a preamble to his

demand, he might have said,

'That, tho' the government of England might suppose itself under

the necessity of seizing American property bound to France, yet

that supposed necessity could not preclude indemnification to the

proprietors, who, acting under the authority of their own government,

were not accountable to any other.'

"But Mr. Jay sets out with an implied recognition of the right of the

British government to seize and condemn: for he enters his complaint

against the _irregularity_ of the seizures and the condemnation, as if

they were reprehensible only by not being _conformable_ to the _terms_

of the proclamation under which they were seized. Instead of being the

Envoy of a government, he goes over like a lawyer to demand a new trial.

I can hardly help thinking that Grenville wrote that note himself and

Jay signed it; for the style of it is domestic and not diplomatic.

The term, _His_ Majesty, used without any descriptive epithet, always

signifies the King whom the Minister that speaks represents. If this

sinking of the demand into a petition was a juggle between Grenville

and Jay, to cover the indemnification, I think it will end in another

juggle, that of never paying the money, and be made use of afterwards to

preclude the right of demanding it: for Mr. Jay has virtually disowned

the right _by appealing to the magnanimity of his Majesty against the

capturers_. He has made this magnanimous Majesty the umpire in the case,

and the government of the United States must abide by the decision. If,

Sir, I turn some part of this business into ridicule, it is to avoid the

unpleasant sensation of serious indignation.

"Among other things which I confess I do not understand, is the

proclamation of neutrality. This has always appeared to me as

an assumption on the part of the executive not warranted by the

Constitution. But passing this over, as a disputable case, and

considering it only as political, the consequence has been that of

sustaining the losses of war, without the balance of reprisals. When

the profession of neutrality, on the part of America, was answered by

hostilities on the part of Britain, the object and intention of that

neutrality existed no longer; and to maintain it after this, was not

only to encourage farther insults and depredations, but was an informal

breach of neutrality towards France, by passively contributing to the

aid of her enemy. That the government of England considered the American

government as pusillanimous, is evident from the encreasing insolence of

the conduct of the former towards the latter, till the affair of General

Wayne. She then saw that it might be possible to kick a government into

some degree of spirit.(1) So far as the proclamation of neutrality was

intended to prevent a dissolute spirit of privateering in America under

foreign colors, it was undoubtedly laudable; but to continue it as a

government neutrality, after the commerce of America was made war upon,

was submission and not neutrality. I have heard so much about this thing

called neutrality, that I know not if the ungenerous and dishonorable

silence (for I must call it such,) that has been observed by your part

of the government towards me, during my imprisonment, has not in some

measure arisen from that policy.

1 Wayne's success against the Indians of the Six Nations,

1794, was regarded by Washington also as a check on England.

Writing to Pendleton, Jan. 22, 1795, he says: "There is

reason to believe that the Indians...._together with their

abettors_; begin to see things in a different point of

view." (Italics mine).--_Editor._

"Tho' I have written you this letter, you ought not to suppose it has

been an agreeable undertaking to me. On the contrary, I assure you, it

has caused me some disquietude. I am sorry you have given me cause to

do it; for, as I have always remembered your former friendship with

pleasure, I suffer a loss by your depriving me of that sentiment.

"Thomas Paine."

That this letter was not written in very good temper, is very evident;

but it was just such a letter as his conduct appeared to me to merit,

and every thing on his part since has served to confirm that

opinion. Had I wanted a commentary on his silence, with respect to my

imprisonment in France, some of his faction have furnished me with it.

What I here allude to, is a publication in a Philadelphia paper, copied

afterwards into a New York paper, both under the patronage of the

Washington faction, in which the writer, still supposing me in prison

in France, wonders at my lengthy respite from the scaffold; and he marks

his politics still farther, by saying:

"It appears, moreover, that the people of England did not relish his

(Thomas Paine's) opinions quite so well as he expected, and that for one

of his last pieces, as destructive to the peace and happiness of their

country, (meaning, I suppose, the _Rights of Man_,) they threatened

our knight-errant with such serious vengeance, that, to avoid a trip to

Botany Bay, he fled over to France, as a less dangerous voyage."

I am not refuting or contradicting the falsehood of this publication,

for it is sufficiently notorious; neither am I censuring the writer: on

the contrary, I thank him for the explanation he has incautiously given

of the principles of the Washington faction. Insignificant, however, as

the piece is, it was capable of having some ill effects, had it arrived

in France during my imprisonment, and in the time of Robespierre; and I

am not uncharitable in supposing that this was one of the intentions of

the writer.(*)

* I know not who the writer of the piece is, but some of the

Americans say it is Phineas Bond, an American refugee, but

now a British consul; and that he writes under the

signature of Peter Skunk or Peter Porcupine, or some such

signature.--Author.

This footnote probably added to the gall of Porcupine's

(Cobbett's) "Letter to the Infamous Tom Paine, in Answer to

his Letter to General Washington" (Polit. Censor, Dec.,

1796), of which he (Cobbett) afterwards repented. Phineas

Bond had nothing to do with it.--Editor.

I have now done with Mr. Washington on the score of private affairs. It

would have been far more agreeable to me, had his conduct been such as

not to have merited these reproaches. Errors or caprices of the temper

can be pardoned and forgotten; but a cold deliberate crime of the heart,

such as Mr. Washington is capable of acting, is not to be washed away. I

now proceed to other matter.

After Jay's note to Grenville arrived in Paris from America, the

character of every thing that was to follow might be easily foreseen;

and it was upon this anticipation that _my_ letter of February the 22d

was founded. The event has proved that I was not mistaken, except that

it has been much worse than I expected.

It would naturally occur to Mr. Washington, that the secrecy of Jay's

mission to England, where there was already an American Minister, could

not but create some suspicion in the French government; especially

as the conduct of Morris had been notorious, and the intimacy of Mr.

Washington with Morris was known.

The character which Mr. Washington has attempted to act in the world, is

a sort of non-describable, camelion-colored thing, called _prudence_. It

is, in many cases, a substitute for principle, and is so nearly allied

to hypocrisy that it easily slides into it. His genius for prudence

furnished him in this instance with an expedient that served, as is

the natural and general character of all expedients, to diminish the

embarrassments of the moment and multiply them afterwards; for

he authorized it to be made known to the French government, as a

confidential matter, (Mr. Washington should recollect that I was a

member of the Convention, and had the means of knowing what I here

state) he authorized it, I say, to be announced, and that for the

purpose of preventing any uneasiness to France on the score of Mr. Jay's

mission to England, that the object of that mission, and of Mr. Jay's

authority, was restricted to that of demanding the surrender of the

western posts, and indemnification for the cargoes captured in American

vessels. Mr. Washington knows that this was untrue; and knowing this,

he had good reason to himself for refusing to furnish the House of

Representatives with copies of the instructions given to Jay, as he

might suspect, among other things, that he should also be called upon

for copies of instructions given to other Ministers, and that, in

the contradiction of instructions, his want of integrity would be

detected.(1) Mr. Washington may now, perhaps, learn, when it is too late

to be of any use to him, that a man will pass better through the world

with a thousand open errors upon his back, than in being detected in

_one_ sly falsehood. When one is detected, a thousand are suspected.

The first account that arrived in Paris of a treaty being negotiated by

Mr. Jay, (for nobody suspected any,) came in an English newspaper, which

announced that a treaty _offensive and defensive_ had been concluded

between the United States of America and England. This was immediately

denied by every American in Paris, as an impossible thing; and though

it was disbelieved by the French, it imprinted a suspicion that some

underhand business was going forward.(*) At length the treaty itself

arrived, and every well-affected American blushed with shame.

1 When the British treaty had been ratified by the Senate

(with one stipulation) and signed by the President, the

House of Representatives, required to supply the means for

carrying into effect, believed that its power over the

supplies authorized it to check what a large majority

considered an outrage on the country and on France. This was

the opinion of Edmund Randolph (the first Attorney General),

of Jefferson, Madison, and other eminent men. The House

having respectfully requested the President to send them

such papers on the treaty as would not affect any existing

negotiations, he refused in a message (March 30, 1796),

whose tenor Madison described as "improper and indelicate."

He said "the assent of the House of Representatives is not

necessary to the validity of a treaty." The House regarded

the message as menacing a serious conflict, and receded.--

_Editor._

* It was the embarrassment into which the affairs and credit

of America were thrown at this instant by the report above

alluded to, that made it necessary to contradict it, and

that by every means arising from opinion or founded upon

authority. The Committee of Public Safety, existing at that

time, had agreed to the full execution, on their part, of

the treaty between America and France, notwithstanding some

equivocal conduct on the part of the American government,

not very consistent with the good faith of an ally; but they

were not in a disposition to be imposed upon by a counter-

treaty. That Jay had no instructions beyond the points above

stated, or none that could possibly be construed to extend

to the length the British treaty goes, was a matter believed

in America, in England, and in France; and without going to

any other source it followed naturally from the message of

the President to Congress, when he nominated Jay upon that

mission. The secretary of Mr. Jay came to Paris soon after

the treaty with England had been concluded, and brought with

him a copy of Mr. Jay's instructions, which he offered to

shew to me as _justification of Jay_. I advised him, as a

friend, not to shew them to anybody, and did not permit him

to shew them to me. "Who is it," said I to him, "that you

intend to implicate as censureable by shewing those

instructions? Perhaps that implication may fall upon your

own government." Though I did not see the instructions, I

could not be at a loss to understand that the American

administration had been playing a double game.--Author.

That there was a "double game" in this business, from first

to last, is now a fact of history. Jay was confirmed by the

Senate on a declaration of the President in which no

faintest hint of a treaty was given, but only the

"adjustment of our complaints," "vindication of our rights,"

and cultivation of "peace." Only after the Envoy's

confirmation did the Cabinet add the main thing, his

authority to negotiate a commercial treaty. This was done

against the protest of the only lawyer among them, Edmund

Randolph, Secretary of State, who said the exercise of such

a power by Jay would be an abridgment of the rights of the

Senate and of the nation. See my "Life of Randolph," p. 220.

For Jay's Instructions, etc., see I. Am. State Papers,

Foreign Relations.--Editor.

It is curious to observe, how the appearance of characters will change,

whilst the root that produces them remains the same. The Washington

faction having waded through the slough of negociation, and whilst it

amused France with professions of friendship contrived to injure her,

immediately throws off the hypocrite, and assumes the swaggering air of

a bravado. The party papers of that imbecile administration were on

this occasion filled with paragraphs about _Sovereignty_. A paltroon may

boast of his sovereign right to let another kick him, and this is the

only kind of sovereignty shewn in the treaty with England. But those

daring paragraphs, as Timothy Pickering(1) well knows, were intended

for France; without whose assistance, in men, money, and ships, Mr.

Washington would have cut but a poor figure in the American war. But of

his military talents I shall speak hereafter.

I mean not to enter into any discussion of any article of Jay's treaty;

I shall speak only upon the whole of it. It is attempted to be justified

on the ground of its not being a violation of any article or articles

of the treaty pre-existing with France. But the sovereign right of

explanation does not lie with George Washington and his man Timothy;

France, on her part, has, at least, an equal right: and when nations

dispute, it is not so much about words as about things.

A man, such as the world calls a sharper, and versed as Jay must be

supposed to be in the quibbles of the law, may find a way to enter into

engagements, and make bargains, in such a manner as to cheat some other

party, without that party being able, as the phrase is, _to take the law

of him_. This often happens in the cabalistical circle of what is called

law. But when this is attempted to be acted on the national scale of

treaties, it is too despicable to be defended, or to be permitted to

exist. Yet this is the trick upon which Jay's treaty is founded, so

far as it has relation to the treaty pre-existing with France. It is a

counter-treaty to that treaty, and perverts all the great articles of

that treaty to the injury of France, and makes them operate as a bounty

to England, with whom France is at war.

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