Chapter 2

Paine in effigy throughout the country, and to harry the Nonconformists. Dr. Priestley's house was gutted. Mr. Fox (December 14, 1792) reminded the House of Commons that all the mobs had "Church and King" for their watchword, no mob having been heard of for "The Rights of Man"; and he vainly appealed to the government to prosecute the dangerous libels against Dissenters as they were prosecuting Paine's work. Burke, who in the extra session of Parliament for the first time took his seat on the Treasury Bench, was reminded that he had once "exulted at the victories of that rebel Washington," and welcomed Franklin. "Franklin," he said, "was a native of America; Paine was born in England, and lived under the protection of our laws; but, instigated by his evil genius, he conspired against the very country which gave him birth, by attempting to introduce the new and pernicious doctrines of republicans."

In the course of the same harangue, Burke alluded to the English and Irish deputations, then in Paris, which had congratulated the Convention on the defeat of the invaders of the Republic. Among them he named Lord Semphill, John Frost, D. Adams, and "Joel--Joel the Prophet" (Joel Barlow). These men were among those who, towards the close of 1792, formed a sort of Paine Club at "Philadelphia House"--as White's Hotel was now called. The men gathered around Paine, as the exponent of republican principles, were animated by a passion for liberty which withheld no sacrifice. Some of them threw away wealth and rank as trifles. At a banquet of the Club, at Philadelphia House, November 18, 1792, where Paine presided, Lord Edward Fitzgerald and Sir Robert Smyth, Baronet, formally renounced their titles. Sir Robert proposed the toast, "A speedy abolition of all hereditary titles and feudal distinctions." Another toast was, "Paine--and the new way of making good books known by a Royal proclamation and a King's Bench prosecution."

There was also Franklin's friend, Benjamin Vaughan, Member of Parliament, who, compromised by an intercepted letter, took refuge in Paris under the name of Jean Martin. Other Englishmen were Rev. Jeremiah Joyce, a Unitarian minister and author (coadjutor of Dr. Gregory in his "Cyclopaedia "); Henry Redhead Yorke, a West Indian with some negro blood (afterwards an agent of Pitt, under whom he had been imprisoned); Robert Merry, husband of the actress "Miss Brunton"; Sayer, Rayment, Macdonald, Perry.

Sampson Perry of London, having attacked the government in his journal, "The Argus," fled from an indictment, and reached Paris in January, 1793. These men, who for a time formed at Philadelphia House their Parliament of Man, were dashed by swift storms on their several rocks. Sir Robert Smyth was long a prisoner under the Reign of Terror, and died (1802) of the illness thereby contracted. Lord Edward Fitzgerald was slain while trying to kindle a revolution in Ireland. Perry was a prisoner in the Luxembourg, and afterwards in London. John Frost, a lawyer (struck off the roll), ventured back to London, where he was imprisoned six months in Newgate, sitting in the pillory at Charing Cross one hour per day. Robert Merry went to Baltimore, where he died in 1798. Nearly all of these men suffered griefs known only to the "man without a country."

Sampson Perry, who in 1796 published an interesting "History of the French Revolution," has left an account of his visit to Paine in January, 1793:

"I breakfasted with Paine about this time at the Philadelphia Hotel, and asked him which province in America he conceived the best calculated for a fugitive to settle in, and, as it were, to begin the world with no other means or pretensions than common sense and common honesty. Whether he saw the occasion and felt the tendency of this question I know not; but he turned it aside by the political news of the day, and added that he was going to dine with Petion, the mayor, and that he knew I should be welcome and be entertained. We went to the mayoralty in a hackney coach, and were seated at a table about which were placed the following persons: Petion, the mayor of Paris, with his female relation who did the honour of the table; Dumourier, the commander-in-chief of the French forces, and one of his aides-de-camp; Santerre, the commandant of the armed force of Paris, and an aide-de-camp; Condorcet; Brissot; Gaudet; Genson-net; Danton; Rersaint; Clavière; Vergniaud; and Syèyes; which, with three other persons, whose names I do not now recollect, and including Paine and myself, made in all nineteen."

Paine found warm welcome in the home of Achille Du-châtelet, who with him had first proclaimed the Republic, and was now a General. Madame Duchâtelet was an English lady of rank, Charlotte Comyn, and English was fluently spoken in the family. They resided at Auteuil, not far from the Abbé Moulet, who preserved an arm-chair with the inscription, _Benjamin Franklin hic sedebat_, Paine was a guest of the Duchâtelets soon after he got to work in the Convention, as I have just discovered by a letter addressed "To Citizen Le Brun, Minister of Foreign Affairs, Paris."

"Auteuil, Friday, the 4th December, 1792. I enclose an Irish newspaper which has been sent me from Belfast. It contains the Address of the Society of United Irishmen of Dublin (of which Society I am a member) to the volunteers of Ireland. None of the English newspapers that I have seen have ventured to republish this Address, and as there is no other copy of it than this which I send you, I request you not to let it go out of your possession. Before I received this newspaper I had drawn up a statement of the affairs of Ireland, which I had communicated to my friend General Duchâtelet at Auteuil, where I now am. I wish to confer with you on that subject, but as I do not speak French, and as the matter requires confidence, General Duchâtelet has desired me to say that if you can make it convenient to dine with him and me at Auteuil, he will with pleasure do the office of interpreter. I send this letter by my servant, but as it may not be convenient to you to give an answer directly, I have told him not to wait--Thomas Paine."

It will be noticed that Paine now keeps his servant, and drives to the Mayor's dinner in a hackney coach. A portrait painted in Paris about this time, now owned by Mr. Alfred Howlett of Syracuse, N. Y., shows him in elegant costume.

It is mournful to reflect, even at this distance, that only a little later both Paine and his friend General Duchâtelet were prisoners. The latter poisoned himself in prison (1794).

The illustrative notes and documents which it seems best to set before the reader at the outset may here terminate. As in the previous volumes the writings are, as a rule, given in chronological sequence, but an exception is now made in respect of Paine's religious writings, some of which antedate essays in the present volume. The religious writings are reserved for the fourth and final volume, to which will be added an Appendix containing Paine's poems, scientific fragments, and several letters of general interest.

I. THE REPUBLICAN PROCLAMATION.(1)

"Brethren and Fellow Citizens:

"The serene tranquillity, the mutual confidence which prevailed amongst us, during the time of the late King's escape, the indifference with which we beheld him return, are unequivocal proofs that the absence of a King is more desirable than his presence, and that he is not only a political superfluity, but a grievous burden, pressing hard on the whole nation.

"Let us not be imposed on by sophisms; all that concerns this is reduced to four points.

"He has abdicated the throne in having fled from his post. Abdication and desertion are not characterized by the length of absence; but by the single act of flight. In the present instance, the act is everything, and the time nothing.

"The nation can never give back its confidence to a man who, false to his trust, perjured to his oath, conspires a clandestine flight, obtains a fraudulent passport, conceals a King of France under the disguise of a valet, directs his course towards a frontier covered with traitors and deserters, and evidently meditates a return into our country, with a force capable of imposing his own despotic laws.

"Should his flight be considered as his own act, or the act of those who fled with him? Was it a spontaneous resolution of his own, or was it inspired by others? The alternative is immaterial; whether fool or hypocrite, idiot or traitor, he has proved himself equally unworthy of the important functions that had been delegated to him.

1 See Introduction to this volume. This manifesto with which Paris was found placarded on July 1, 1791, is described by Dumont as a "Republican Proclamation," but what its literal caption was I have not found.--_Editor_.

"In every sense in which the question can be considered, the reciprocal obligation which subsisted between us is dissolved. He holds no longer any authority. We owe him no longer obedience. We see in him no more than an indifferent person; we can regard him only as Louis Capet.

"The history of France presents little else than a long series of public calamity, which takes its source from the vices of Kings; we have been the wretched victims that have never ceased to suffer either for them or by them. The catalogue of their oppressions was complete, but to complete the sum of their crimes, treason was yet wanting. Now the only vacancy is filled up, the dreadful list is full; the system is exhausted; there are no remaining errors for them to commit; their reign is consequently at an end.

"What kind of office must that be in a government which requires for its execution neither experience nor ability, that may be abandoned to the desperate chance of birth, that may be filled by an idiot, a madman, a tyrant, with equal effect as by the good, the virtuous, and the wise? An office of this nature is a mere nonentity; it is a place of show, not of use. Let France then, arrived at the age of reason, no longer be deluded by the sound of words, and let her deliberately examine, if a King, however insignificant and contemptible in himself, may not at the same time be extremely dangerous.

"The thirty millions which it costs to support a King in the eclat of stupid brutal luxury, presents us with an easy method of reducing taxes, which reduction would at once relieve the people, and stop the progress of political corruption. The grandeur of nations consists, not, as Kings pretend, in the splendour of thrones, but in a conspicuous sense of their own dignity, and in a just disdain of those barbarous follies and crimes which, under the sanction of Royalty, have hitherto desolated Europe.

"As to the personal safety of Louis Capet, it is so much the more confirmed, as France will not stoop to degrade herself by a spirit of revenge against a wretch who has dishonoured himself. In defending a just and glorious cause, it is not possible to degrade it, and the universal tranquillity which prevails is an undeniable proof that a free people know how to respect themselves."

II. TO THE AUTHORS OF "LE RÉPUBLICAIN."(1)

Gentlemen:

M. Duchâtelet has mentioned to me the intention of some persons to commence a work under the title of "The Republican."

As I am a Citizen of a country which knows no other Majesty than that of the People; no other Government than that of the Representative body; no other sovereignty than that of the Laws, and which is attached to _France_ both by alliance and by gratitude, I voluntarily offer you my services in support of principles as honorable to a nation as they are adapted to promote the happiness of mankind. I offer them to you with the more zeal, as I know the moral, literary, and political character of those who are engaged in the undertaking, and find myself honoured in their good opinion.

But I must at the same time observe, that from ignorance of the French language, my works must necessarily undergo a translation; they can of course be of but little utility, and my offering must consist more of wishes than services. I must add, that I am obliged to pass a part of this summer in England and Ireland.

As the public has done me the unmerited favor of recognizing me under the appellation of "Common Sense," which is my usual signature, I shall continue it in this publication to avoid mistakes, and to prevent my being supposed the author of works not my own. As to my political principles, I shall endeavour, in this letter, to trace their general features in such a manner, as that they cannot be misunderstood.

1 "Le Républicain; ou le Défenseur du gouvernement Représentatif. Par une Société des Républicains. A Paris. July, 1791." See Introduction to this volume.--_Editor_.

It is desirable in most instances to avoid that which may give even the least suspicion as to the part meant to be adopted, and particularly on the present occasion, where a perfect clearness of expression is necessary to the avoidance of any possible misinterpretation. I am happy, therefore, to find, that the work in question is entitled "The Republican." This word expresses perfectly the idea which we ought to have of Government in general--_Res Publico_,--the public affairs of a nation.

As to the word _Monarchy_, though the address and intrigue of Courts have rendered it familiar, it does not contain the less of reproach or of insult to a nation. The word, in its immediate or original sense, signifies _the absolute power of a single individual_, who may prove a fool, an hypocrite, or a tyrant. The appellation admits of no other interpretation than that which is here given. France is therefore not a _Monarchy_; it is insulted when called by that name. The servile spirit which characterizes this species of government is banished from France, and this country, like AMERICA, can now afford to Monarchy no more than a glance of disdain.

Of the errors which monarchic ignorance or knavery has spread through the world, the one which bears the marks of the most dexterous invention, is the opinion that the system of _Republicanism_ is only adapted to a small country, and that a _Monarchy_ is suited, on the contrary, to those of greater extent. Such is the language of Courts, and such the sentiments which they have caused to be adopted in monarchic countries; but the opinion is contrary, at the same time, to principle and to experience.

The Government, to be of real use, should possess a complete knowledge of all the parties, all the circumstances, and all the interests of a nation. The monarchic system, in consequence, instead of being suited to a country of great extent, would be more admissible in a small territory, where an individual may be supposed to know the affairs and the interests of the whole. But when it is attempted to extend this individual knowledge to the affairs of a great country, the capacity of knowing bears no longer any proportion to the extent or multiplicity of the objects which ought to be known, and the government inevitably falls from ignorance into tyranny. For the proof of this position we need only look to Spain, Russia, Germany, Turkey, and the whole of the Eastern Continent,--countries, for the deliverance of which I offer my most sincere wishes.

On the contrary, the true _Republican_ system, by Election and Representation, offers the only means which are known, and, in my opinion, the only means which are possible, of proportioning the wisdom and the information of a Government to the extent of a country.

The system of _Representation_ is the strongest and most powerful center that can be devised for a nation. Its attraction acts so powerfully, that men give it their approbation even without reasoning on the cause; and France, however distant its several parts, finds itself at this moment _an whole_, in its _central_ Representation. The citizen is assured that his rights are protected, and the soldier feels that he is no longer the slave of a Despot, but that he is become one of the Nation, and interested of course in its defence.

The states at present styled _Republican_, as Holland, Genoa, Venice, Berne, &c. are not only unworthy the name, but are actually in opposition to every principle of a _Republican_ government, and the countries submitted to their power are, truly speaking, subject to an _Aristocratic_ slavery!

It is, perhaps, impossible, in the first steps which are made in a Revolution, to avoid all kind of error, in principle or in practice, or in some instances to prevent the combination of both. Before the sense of a nation is sufficiently enlightened, and before men have entered into the habits of a free communication with each other of their natural thoughts, a certain reserve--a timid prudence seizes on the human mind, and prevents it from obtaining its level with that vigor and promptitude that belongs to _right_.--An example of this influence discovers itself in the commencement of the present Revolution: but happily this discovery has been made before the Constitution was completed, and in time to provide a remedy.

The _hereditary succession_ can never exist as a matter of _right_; it is a _nullity_--a _nothing_. To admit the idea is to regard man as a species of property belonging to some individuals, either born or to be born! It is to consider our descendants, and all posterity, as mere animals without a right or will! It is, in fine, the most base and humiliating idea that ever degraded the human species, and which, for the honor of Humanity, should be destroyed for ever.

The idea of hereditary succession is so contrary to the rights of man, that if we were ourselves to be recalled to existence, instead of being replaced by our posterity, we should not have the right of depriving ourselves beforehand of those _rights_ which would then properly belong to us. On what ground, then, or by what authority, do we dare to deprive of their rights those children who will soon be men? Why are we not struck with the injustice which we perpetrate on our descendants, by endeavouring to transmit them as a vile herd to masters whose vices are all that can be foreseen.

Whenever the _French_ constitution shall be rendered conformable to its _Declaration of Rights_, we shall then be enabled to give to France, and with justice, the appellation of a _civic Empire_; for its government will be the empire of laws founded on the great republican principles of _Elective Representation_, and the _Rights of Man_.--But Monarchy and Hereditary Succession are incompatible with the _basis_ of its constitution.

I hope that I have at present sufficiently proved to you that I am a good Republican; and I have such a confidence in the truth of the principles, that I doubt not they will soon be as universal in _France_ as in _America_. The pride of human nature will assist their evidence, will contribute to their establishment, and men will be ashamed of Monarchy.

I am, with respect, Gentlemen, your friend,

Thomas Paine.

Paris, June, 1791.

III. TO THE ABBÉ SIÈYES.(1)

Paris, 8th July, 1791.

Sir,

At the moment of my departure for England, I read, in the _Moniteur_ of Tuesday last, your letter, in which you give the challenge, on the subject of Government, and offer to defend what is called the _Monarchical opinion_ against the Republican system.

I accept of your challenge with pleasure; and I place such a confidence in the superiority of the Republican system over that nullity of a system, called _Monarchy_, that I engage not to exceed the extent of fifty pages, and to leave you the liberty of taking as much latitude as you may think proper.

The respect which I bear your moral and literary reputation, will be your security for my candour in the course of this discussion; but, notwithstanding that I shall treat the subject seriously and sincerely, let me promise, that I consider myself at liberty to ridicule, as they deserve, Monarchical absurdities, whensoever the occasion shall present itself.

By Republicanism, I do not understand what the name signifies in Holland, and in some parts of Italy. I understand simply a government by representation--a government founded upon the principles of the Declaration of Rights; principles to which several parts of the French Constitution arise in contradiction. The Declaration of Rights of France and America are but one and the same thing in principles, and almost in expressions; and this is the Republicanism which I undertake to defend against what is called _Monarchy_ and _Aristocracy_.

1 Written to the _Moniteur_ in reply to a letter of the Abbé (July 8) elicited by Paine's letter to "Le Républicain" (II.). The Abbé now declining a controversy, Paine dealt with his views in "Rights of Man," Part IL, ch. 3.-- _Editor_.

I see with pleasure that in respect to one point we are already agreed; and _that is, the extreme danger of a civil list of thirty millions_. I can discover no reason why one of the parts of the government should be supported with so extravagant a profusion, whilst the other scarcely receives what is sufficient for its common wants.

This dangerous and dishonourable disproportion at once supplies the one with the means of corrupting, and throws the other into the predicament of being corrupted. In America there is but little difference, with regard to this point, between the legislative and the executive part of our government; but the first is much better attended to than it is in France.

In whatsoever manner, Sir, I may treat the subject of which you have proposed the investigation, I hope that you will not doubt my entertaining for you the highest esteem. I must also add, that I am not the personal enemy of Kings. Quite the contrary. No man more heartily wishes than myself to see them all in the happy and honourable state of private individuals; but I am the avowed, open, and intrepid enemy of what is called Monarchy; and I am such by principles which nothing can either alter or corrupt--by my attachment to humanity; by the anxiety which I feel within myself, for the dignity and the honour of the human race; by the disgust which I experience, when I observe men directed by children, and governed by brutes; by the horror which all the evils that Monarchy has spread over the earth excite within my breast; and by those sentiments which make me shudder at the calamities, the exactions, the wars, and the massacres with which Monarchy has crushed mankind: in short, it is against all the hell of monarchy that I have declared war.

Thomas Paine.(1)

1 To the sixth paragraph of the above letter is appended a footnote: "A deputy to the congress receives about a guinea and a half daily: and provisions are cheaper in America than in France." The American Declaration of Rights referred to unless the Declaration of Independence, was no doubt, especially that of Pennsylvania, which Paine helped to frame.--Editor.

IV. TO THE ATTORNEY GENERAL.

[Undated, but probably late in May, 1793.]

Sir,

Though I have some reason for believing that you were not the original promoter or encourager of the prosecution commenced against the work entitled "Rights of Man" either as that prosecution is intended to affect the author, the publisher, or the public; yet as you appear the official person therein, I address this letter to you, not as Sir Archibald Macdonald, but as Attorney General.

You began by a prosecution against the publisher Jordan, and the reason assigned by Mr. Secretary Dundas, in the House of Commons, in the debate on the Proclamation, May 25, for taking that measure, was, he said, because Mr. Paine could not be found, or words to that effect. Mr. Paine, sir, so far from secreting himself, never went a step out of his way, nor in the least instance varied from his usual conduct, to avoid any measure you might choose to adopt with respect to him. It is on the purity of his heart, and the universal utility of the principles and plans which his writings contain, that he rests the issue; and he will not dishonour it by any kind of subterfuge. The apartments which he occupied at the time of writing the work last winter, he has continued to occupy to the present hour, and the solicitors of the prosecution knew where to find him; of which there is a proof in their own office, as far back as the 21st of May, and also in the office of my own Attorney.(1)

1 Paine was residing at the house of one of his publishers, Thomas Rickman, 7 Upper Marylebone Street, London. His Attorney was the Hon. Thomas Erskine.--_Editor_.

But admitting, for the sake of the case, that the reason for proceeding against the publisher was, as Mr. Dundas stated, that Mr. Paine could not be found, that reason can now exist no longer.

The instant that I was informed that an information was preparing to be filed against me, as the author of, I believe, one of the most useful and benevolent books ever offered to mankind, I directed my Attorney to put in an appearance; and as I shall meet the prosecution fully and fairly, and with a good and upright conscience, I have a right to expect that no act of littleness will be made use of on the part of the prosecution towards influencing the future issue with respect to the author. This expression may, perhaps, appear obscure to you, but I am in the possession of some matters which serve to shew that the action against the publisher is not intended to be a _real_ action. If, therefore, any persons concerned in the prosecution have found their cause so weak, as to make it appear convenient to them to enter into a negociation with the publisher, whether for the purpose of his submitting to a verdict, and to make use of the verdict so obtained as a circumstance, by way of precedent, on a future trial against myself; or for any other purpose not fully made known to me; if, I say, I have cause to suspect this to be the case, I shall most certainly withdraw the defence I should otherwise have made, or promoted on his (the publisher's) behalf, and leave the negociators to themselves, and shall reserve the whole of the defence for the _real_ trial.(1)

But, sir, for the purpose of conducting this matter with at least the appearance of fairness and openness, that shall justify itself before the public, whose cause it really is, (for it is the right of public discussion and investigation that is questioned,) I have to propose to you to cease the prosecution against the publisher; and as the reason or pretext can no longer exist for continuing it against him because Mr. Paine could not be found, that you would direct the whole process against me, with whom the prosecuting party will not find it possible to enter into any private negociation.

1 A detailed account of the proceedings with regard to the publisher will be found infra, in ix., Letter to the Addressers.--_Editor_.

I will do the cause full justice, as well for the sake of the nation, as for my own reputation.

Another reason for discontinuing the process against the publisher is, because it can amount to nothing. First, because a jury in London cannot decide upon the fact of publishing beyond the limits of the jurisdiction of London, and therefore the work may be republished over and over again in every county in the nation, and every case must have a separate process; and by the time that three or four hundred prosecutions have been had, the eyes of the nation will then be fully open to see that the work in question contains a plan the best calculated to root out all the abuses of government, and to lessen the taxes of the nation upwards of _six millions annually_.

Secondly, Because though the gentlemen of London may be very expert in understanding their particular professions and occupations, and how to make business contracts with government beneficial to themselves as individuals, the rest of the nation may not be disposed to consider them sufficiently qualified nor authorized to determine for the whole Nation on plans of reform, and on systems and principles of Government. This would be in effect to erect a jury into a National Convention, instead of electing a Convention, and to lay a precedent for the probable tyranny of juries, under the pretence of supporting their rights.

That the possibility always exists of packing juries will not be denied; and, therefore, in all cases, where Government is the prosecutor, more especially in those where the right of public discussion and investigation of principles and systems of Government is attempted to be suppressed by a verdict, or in those where the object of the work that is prosecuted is the reform of abuse and the abolition of sinecure places and pensions, in all these cases the verdict of a jury will itself become a subject of discussion; and therefore, it furnishes an additional reason for discontinuing the prosecution against the publisher, more especially as it is not a secret that there has been a negociation with him for secret purposes, and for proceeding against me only. I shall make a much stronger defence than what I believe the Treasury Solicitor's agreement with him will permit him to do.

I believe that Mr. Burke, finding himself defeated, and not being able to make any answer to the _Rights of Man_, has been one of the promoters of this prosecution; and I shall return the compliment to him by shewing, in a future publication, that he has been a masked pensioner at 1500L. per annum for about ten years.

Thus it is that the public money is wasted, and the dread of public investigation is produced.

I am, sir, Your obedient humble servant,

Thomas Paine.(1)

1 Paine's case was set down for June 8th, and on that day he appeared in court; but, much to his disappointment, the trial was adjourned to December 18th, at which time he was in his place in the National Convention at Paris.--_Editor_.

V. TO MR. SECRETARY DUNDAS.(1)

London, June 6, 1793.

Sir,

As you opened the debate in the House of Commons, May 25th, on the proclamation for suppressing publications, which that proclamation (without naming any) calls wicked and seditious: and as you applied those opprobious epithets to the works entitled "RIGHTS OF MAN," I think it unnecessary to offer any other reason for addressing this letter to you.

I begin, then, at once, by declaring, that I do not believe there are found in the writings of any author, ancient or modern, on the subject of government, a spirit of greater benignity, and a stronger inculcation of moral principles than in those which I have published. They come, Sir, from a man, who, by having lived in different countries, and under different systems of government, and who, being intimate in the construction of them, is a better judge of the subject than it is possible that you, from the want of those opportunities, can be:--And besides this, they come from a heart that knows not how to beguile.

I will farther say, that when that moment arrives in which the best consolation that shall be left will be looking back on some past actions, more virtuous and more meritorious than the rest, I shall then with happiness remember, among other things, I have written the RIGHTS OF MAN.---As to what proclamations, or prosecutions, or place-men, and place-expectants,--those who possess, or those who are gaping for office,--may say of them, it will not alter their character, either with the world or with me.

1 Henry D. (afterwards Viscount Melville), appointed Secretary for the Home Department, 1791. In 1805 he was impeached by the Commons for "gross malversation" while Treasurer of the Navy; he was acquitted by the Lords (1806), but not by public sentiment or by history.-- _Editor_.

Having, Sir, made this declaration, I shall proceed to remark, not particularly on your speech on that occasion, but on any one to which your motion on that day gave rise; and I shall begin with that of Mr. Adam.

This Gentleman accuses me of not having done the very thing that _I have done_, and which, he says, if I _had_ done, he should not have accused me.

Mr. Adam, in his speech, (see the Morning Chronicle of May 26,) says,

"That he had well considered the subject of Constitutional Publications, and was by no means ready to say (but the contrary) that books of science upon government though recommending a doctrine or system different from the form of our constitution (meaning that of England) were fit objects of prosecution; that if he did, he must condemn Harrington for his Oceana, Sir Thomas More for his Eutopia, and Hume for his Idea of a perfect Commonwealth. But (continued Mr. Adam) the publication of Mr. Paine was very different; for it reviled what was most sacred in the constitution, destroyed every principle of subordination, and _established nothing in their room_."

I readily perceive that Mr. Adam has not read the Second Part of _Rights of Man_, and I am put under the necessity, either of submitting to an erroneous charge, or of justifying myself against it; and certainly shall prefer the latter.--If, then, I shall prove to Mr. Adam, that in my reasoning upon systems of government, in the Second Part of _Rights of Man_, I have shown as clearly, I think, as words can convey ideas, a certain system of government, and that not existing in theory only, but already in full and established practice, and systematically and practically free from all the vices and defects of the English government, and capable of producing more happiness to the people, and that also with an eightieth part of the taxes, which the present English system of government consumes; I hope he will do me the justice, when he next goes to the House, to get up and confess he had been mistaken in saying, that I had _established nothing, and that I had destroyed every principle of subordination_. Having thus opened the case, I now come to the point.

In the Second Part of the Rights of Man, I have distinguished government into two classes or systems: the one the hereditary system, the other the representative system.

In the First Part of _Rights of Man_, I have endeavoured to shew, and I challenge any man to refute it, that there does not exist a right to establish hereditary government; or, in other words, hereditary governors; because hereditary government always means a government yet to come, and the case always is, that the people who are to live afterwards, have always the same right to choose a government for themselves, as the people had who lived before them.

In the Second Part of _Rights of Man_, I have not repeated those arguments, because they are irrefutable; but have confined myself to shew the defects of what is called hereditary government, or hereditary succession, that it must, from the nature of it, throw government into the hands of men totally unworthy of it, from want of principle, or unfitted for it from want of capacity.--James the IId. is recorded as an instance of the first of these cases; and instances are to be found almost all over Europe to prove the truth of the latter.

To shew the absurdity of the Hereditary System still more strongly, I will now put the following case:--Take any fifty men promiscuously, and it will be very extraordinary, if, out of that number, one man should be found, whose principles and talents taken together (for some might have principles, and others might have talents) would render him a person truly fitted to fill any very extraordinary office of National Trust. If then such a fitness of character could not be expected to be found in more than one person out of fifty, it would happen but once in a thousand years to the eldest son of any one family, admitting each, on an average, to hold the office twenty years. Mr. Adam talks of something in the Constitution which he calls _most sacred_; but I hope he does not mean hereditary succession, a thing which appears to me a violation of every order of nature, and of common sense.

When I look into history and see the multitudes of men, otherwise virtuous, who have died, and their families been ruined, in the defence of knaves and fools, and which they would not have done, had they reasoned at all upon the system; I do not know a greater good that an individual can render to mankind, than to endeavour to break the chains of political superstition. Those chains are now dissolving fast, and proclamations and persecutions will serve but to hasten that dissolution.

Having thus spoken of the Hereditary System as a bad System, and subject to every possible defect, I now come to the Representative System, and this Mr. Adam will find stated in the Second Part of Rights of Man, not only as the best, but as the only _Theory_ of Government under which the liberties of the people can be permanently secure.

But it is needless now to talk of mere theory, since there is already a government in full practice, established upon that theory; or in other words, upon the Rights of Man, and has been so for almost twenty years. Mr. Pitt, in a speech of his some short time since, said, "That there never did, and never could exist a Government established upon those Rights, and that if it began at noon, it would end at night." Mr. Pitt has not yet arrived at the degree of a school-boy in this species of knowledge; his practice has been confined to the means of _extorting revenue_, and his boast has been--_how much!_ Whereas the boast of the system of government that I am speaking of, is not how much, but how little.

The system of government purely representative, unmixed with any thing of hereditary nonsense, began in America. I will now compare the effects of that system of government with the system of government in England, both during, and since the close of the war.

So powerful is the Representative system, first, by combining and consolidating all the parts of a country together, however great the extent; and, secondly, by admitting of none but men properly qualified into the government, or dismissing them if they prove to be otherwise, that America was enabled thereby totally to defeat and overthrow all the schemes and projects of the hereditary government of England against her. As the establishment of the Revolution and Independence of America is a proof of this fact, it is needless to enlarge upon it.

I now come to the comparative effect of the two systems _since_ the close of the war, and I request Mr. Adam to attend to it.

America had internally sustained the ravages of upwards of seven years of war, which England had not. England sustained only the expence of the war; whereas America sustained not only the expence, but the destruction of property committed by _both_ armies. Not a house was built during that period, and many thousands were destroyed. The farms and plantations along the coast of the country, for more than a thousand miles, were laid waste. Her commerce was annihilated. Her ships were either taken, or had rotted within her own harbours. The credit of her funds had fallen upwards of ninety per cent., that is, an original hundred pounds would not sell for ten pounds. In fine, she was apparently put back an hundred years when the war closed, which was not the case with England.

But such was the event, that the same representative system of government, though since better organized, which enabled her to conquer, enabled her also to recover, and she now presents a more flourishing condition, and a more happy and harmonized society, under that system of government, than any country in the world can boast under any other. Her towns are rebuilt, much better than before; her farms and plantations are in higher improvement than ever; her commerce is spread over the world, and her funds have risen from less than ten pounds the hundred to upwards of one hundred and twenty. Mr. Pitt and his colleagues talk of the things that have happened in his boyish administration, without knowing what greater things have happened elsewhere, and under other systems of government.

I now come to state the expence of the two systems, as they now stand in each of the countries; but it may first be proper to observe, that government in America is what it ought to be, a matter of honour and trust, and not made a trade of for the purpose of lucre.

The whole amount of the nett(sic) taxes in England (exclusive of the expence of collection, of drawbacks, of seizures and condemnation, of fines and penalties, of fees of office, of litigations and informers, which are some of the blessed means of enforcing them) is seventeen millions. Of this sum, about nine millions go for the payment of the interest of the national debt, and the remainder, being about eight millions, is for the current annual expences. This much for one side of the case. I now come to the other.

The expence of the several departments of the general Representative Government of the United States of America, extending over a space of country nearly ten times larger than England, is two hundred and ninety-four thousand, five hundred and fifty-eight dollars, which, at 4s. 6d. per dollar, is 66,305L. 11s. sterling, and is thus apportioned;

On account of the incursions of the Indians on the back settlements, Congress is at this time obliged to keep six thousand militia in pay, in addition to a regiment of foot, and a battalion of artillery, which it always keeps; and this increases the expence of the War Department to 390,000 dollars, which is 87,795L. sterling, but when peace shall be concluded with the Indians, the greatest part of this expence will cease, and the total amount of the expence of government, including that of the army, will not amount to 100,000L. sterling, which, as has been already stated, is but an eightieth part of the expences of the English government.

I request Mr. Adam and Mr. Dundas, and all those who are talking of Constitutions, and blessings, and Kings, and Lords, and the Lord knows what, to look at this statement. Here is a form and system of government, that is better organized and better administered than any government in the world, and that for less than one hundred thousand pounds per annum, and yet every Member of Congress receives, as a compensation for his time and attendance on public business, one pound seven shillings per day, which is at the rate of nearly five hundred pounds a year.

This is a government that has nothing to fear. It needs no proclamations to deter people from writing and reading. It needs no political superstition to support it; it was by encouraging discussion and rendering the press free upon all subjects of government, that the principles of government became understood in America, and the people are now enjoying the present blessings under it. You hear of no riots, tumults, and disorders in that country; because there exists no cause to produce them. Those things are never the effect of Freedom, but of restraint, oppression, and excessive taxation.

In America, there is not that class of poor and wretched people that are so numerously dispersed all over England, who are to be told by a proclamation, that they are happy; and this is in a great measure to be accounted for, not by the difference of proclamations, but by the difference of governments and the difference of taxes between that country and this. What the labouring people of that country earn, they apply to their own use, and to the education of their children, and do not pay it away in taxes as fast as they earn it, to support Court extravagance, and a long enormous list of place-men and pensioners; and besides this, they have learned the manly doctrine of reverencing themselves, and consequently of respecting each other; and they laugh at those imaginary beings called Kings and Lords, and all the fraudulent trumpery of Court.

When place-men and pensioners, or those who expect to be such, are lavish in praise of a government, it is not a sign of its being a good one. The pension list alone in England (see sir John Sinclair's History of the Revenue, p. 6, of the Appendix) is one hundred and seven thousand four hundred and four pounds, _which is more than the expences of the whole Government of America amount to_. And I am now more convinced than before, that the offer that was made to me of a thousand pounds for the copy-right of the second part of the Rights of Man, together with the remaining copyright of the first part, was to have effected, by a quick suppression, what is now attempted to be done by a prosecution. The connection which the person, who made the offer, has with the King's printing-office, may furnish part of the means of inquiring into this affair, when the ministry shall please to bring their prosecution to issue.(1) But to return to my subject.--

I have said in the second part of the _Rights of Man_, and I repeat it here, that the service of any man, whether called King, President, Senator, Legislator, or any thing else, cannot be worth more to any country, in the regular routine of office, than ten thousand pounds per annum. We have a better man in America, and more of a gentleman, than any King I ever knew of, who does not occasion half that ex-pence; for, though the salary is fixed at £5625 he does not accept it, and it is only the incidental expences that are paid out of it.(2) The name by which a man is called is of itself but an empty thing. It is worth and character alone which can render him valuable, for without these, Kings, and Lords, and Presidents, are but jingling names.

But without troubling myself about Constitutions of Government, I have shewn in the Second Part of _Rights of Man_, that an alliance may be formed between England, France, and America, and that the expences of government in England may be put back to one million and a half, viz.:

Civil expence of Government...... 500,000L. Army............................. 500,000 Navy............................. 500,000 ---------- 1,500,000L.

And even this sum is fifteen times greater than the expences of government are in America; and it is also greater than the whole peace establishment of England amounted to about an hundred years ago. So much has the weight and oppression of taxes increased since the Revolution, and especially since the year 1714.

1 At Paine's trial, Chapman, the printer, in answer to fa question of the Solicitor General, said: "I made him three separate offers in the different stages of the work; the first, I believe, was a hundred guineas, the second five hundred, and the last was a thousand."--_Editor_.

2 Error. See also ante, and in vol. ii., p. 435. Washington had retracted his original announcement, and received his salary regularly.--_Editor_.

To shew that the sum of 500,000L. is sufficient to defray all civil expences of government, I have, in that work, annexed the following estimate for any country of the same extent as England.--

In the first place, three hundred Representatives, fairly elected, are sufficient for all the purposes to which Legislation can apply, and preferable to a larger number.

If, then, an allowance, at the rate of 500L. per annum be made to every Representative, deducting for non-attendance, the expence, if the whole number attended six months each year, would be.......75,000L.

The Official Departments could not possibly exceed the following number, with the salaries annexed, viz.:

Three offices at 10,000L. each 30,000

Ten ditto at 5,000 u 50,000

Twenty ditto at 2,000 u 40,000

Forty ditto at 1,000 it 40,000

Two hundred ditto at 500 u 100,000

Three hundred ditto at 200 u 60,000

Five hundred ditto at 100 u 50,000

Seven hundred ditto at 75 it 52,500

497,500L.

If a nation chose, it might deduct four per cent, from all the offices, and make one of twenty thousand pounds per annum, and style the person who should fill it, King or Madjesty, (1) or give him any other title.

Taking, however, this sum of one million and a half, as an abundant supply for all the expences of government under any form whatever, there will remain a surplus of nearly six millions and a half out of the present taxes, after paying the interest of the national debt; and I have shewn in the Second Part of _Rights of Man_, what appears to me, the best mode of applying the surplus money; for I am now speaking of expences and savings, and not of systems of government.

1 A friend of Paine advised him against this pun, as too personal an allusion to George the Third, to whom however much has been forgiven on account of his mental infirmity. Yorke, in his account of his visit to Paine, 1802, alludes to his (Paine's) anecdotes "of humor and benevolence" concerning George III.--_Editor_.

I have, in the first place, estimated the poor-rates at two millions annually, and shewn that the first effectual step would be to abolish the poor-rates entirely (which would be a saving of two millions to the house-keepers,) and to remit four millions out of the surplus taxes to the poor, to be paid to them in money, in proportion to the number of children in each family, and the number of aged persons.

I have estimated the number of persons of both sexes in England, of fifty years of age and upwards, at 420,000, and have taken one third of this number, viz. 140,000, to be poor people.

To save long calculations, I have taken 70,000 of them to be upwards of fifty years of age, and under sixty, and the others to be sixty years and upwards; and to allow six pounds per annum to the former class, and ten pounds per annum to the latter. The expence of which will be,

Seventy thousand persons at 6L. per annum..... 420,000L. Seventy thousand persons at 10L. per annum.... 700,000 ----------- 1,120,000L.

There will then remain of the four millions, 2,880,000L. I have stated two different methods of appropriating this money. The one is to pay it in proportion to the number of children in each family, at the rate of three or four pounds per annum for each child; the other is to apportion it according to the expence of living in different counties; but in either of these cases it would, together with the allowance to be made to the aged, completely take off taxes from one third of all the families in England, besides relieving all the other families from the burthen of poor-rates.

The whole number of families in England, allotting five souls to each family, is one million four hundred thousand, of which I take one third, _viz_. 466,666 to be poor families who now pay four millions of taxes, and that the poorest pays at least four guineas a year; and that the other thirteen millions are paid by the other two-thirds. The plan, therefore, as stated in the work, is, first, to remit or repay, as is already stated, this sum of four millions to the poor, because it is impossible to separate them from the others in the present mode of collecting taxes on articles of consumption; and, secondly, to abolish the poor-rates, the house and window-light tax, and to change the commutation tax into a progressive tax on large estates, the particulars of all which are set forth in the work, to which I desire Mr. Adam to refer for particulars. I shall here content myself with saying, that to a town of the population of Manchester, it will make a difference in its favour, compared with the present state of things, of upwards of fifty thousand pounds annually, and so in proportion to all other places throughout the nation. This certainly is of more consequence than that the same sums should be collected to be afterwards spent by riotous and profligate courtiers, and in nightly revels at the Star and Garter tavern, Pall Mall.

I will conclude this part of my letter with an extract from the Second Part of the _Rights of Man_, which Mr. Dundas (a man rolling in luxury at the expence of the nation) has branded with the epithet of "wicked."

"By the operation of this plan, the poor laws, those instruments of civil torture, will be superseded, and the wasteful ex-pence of litigation prevented. The hearts of the humane will not be shocked by ragged and hungry children, and persons of seventy and eighty years of age begging for bread. The dying poor will not be dragged from place to place to breathe their last, as a reprisal of parish upon parish. Widows will have a maintenance for their children, and not be carted away, on the death of their husbands, like culprits and criminals; and children will no longer be considered as increasing the distresses of their parents. The haunts of the wretched will be known, because it will be to their advantage; and the number of petty crimes, the offspring of poverty and distress, will be lessened. The poor as well as the rich will then be interested in the support of Government, and the cause and apprehension of riots and tumults will cease. Ye who sit in ease, and solace yourselves in plenty, and such there are in Turkey and Russia, as well as in England, and who say to yourselves, _are we not well off_ have ye thought of these things? When ye do, ye will cease to speak and feel for yourselves alone."

After this remission of four millions be made, and the poor-rates and houses and window-light tax be abolished, and the commutation tax changed, there will still remain nearly one million and a half of surplus taxes; and as by an alliance between England, France and America, armies and navies will, in a great measure, be rendered unnecessary; and as men who have either been brought up in, or long habited to, those lines of life, are still citizens of a nation in common with the rest, and have a right to participate in all plans of national benefit, it is stated in that work (_Rights of Man_, Part ii.) to apply annually 507,000L. out of the surplus taxes to this purpose, in the following manner:

The limits to which it is proper to confine this letter, will not admit of my entering into further particulars. I address it to Mr. Dundas because he took the lead in the debate, and he wishes, I suppose, to appear conspicuous; but the purport of it is to justify myself from the charge which Mr. Adam has made.

This Gentleman, as has been observed in the beginning of this letter, considers the writings of Harrington, More and Hume, as justifiable and legal publications, because they reasoned by comparison, though in so doing they shewed plans and systems of government, not only different from, but preferable to, that of England; and he accuses me of endeavouring to confuse, instead of producing a system in the room of that which I had reasoned against; whereas, the fact is, that I have not only reasoned by comparison of the representative system against the hereditary system, but I have gone further; for I have produced an instance of a government established entirely on the representative system, under which greater happiness is enjoyed, much fewer taxes required, and much higher credit is established, than under the system of government in England. The funds in England have risen since the war only from 54L. to 97L. and they have been down since the proclamation, to 87L. whereas the funds in America rose in the mean time from 10L. to 120L.

His charge against me of "destroying every principle of subordination," is equally as groundless; which even a single paragraph from the work will prove, and which I shall here quote:

"Formerly when divisions arose respecting Governments, recourse was had to the sword, and a civil war ensued. That savage custom is exploded by the new system, and _recourse is had to a national convention_. Discussion, and the general will, arbitrates the question, and to this private opinion yields with a good grace, and _order is preserved uninterrupted_."

That two different charges should be brought at the same time, the one by a Member of the Legislative, for _not_ doing a certain thing, and the other by the Attorney General for _doing_ it, is a strange jumble of contradictions. I have now justified myself, or the work rather, against the first, by stating the case in this letter, and the justification of the other will be undertaken in its proper place. But in any case the work will go on.

I shall now conclude this letter with saying, that the only objection I found against the plan and principles contained in the Second Part of _Rights of Man_, when I had written the book, was, that they would beneficially interest at least ninety-nine persons out of every hundred throughout the nation, and therefore would not leave sufficient room for men to act from the direct and disinterested principles of honour; but the prosecution now commenced has fortunately removed that objection, and the approvers and protectors of that work now feel the immediate impulse of honour added to that of national interest.

I am, Mr. Dundas,

Not your obedient humble Servant,

But the contrary,

Thomas Paine.

VI. LETTERS TO ONSLOW CRANLEY,

Lord Lieutenant of the county of Surry; on the subject of the late excellent proclamation:--or the chairman who shall preside at the meeting to be held at Epsom, June 18.

FIRST LETTER.

London, June 17th, 1792.

SIR,

I have seen in the public newspapers the following advertisement, to wit--

"To the Nobility, Gentry, Clergy, Freeholders, and other Inhabitants of the county of Surry.

"At the requisition and desire of several of the freeholders of the county, I am, in the absence of the Sheriff, to desire the favour of your attendance, at a meeting to be held at Epsom, on Monday, the 18th instant, at 12 o'clock at noon, to consider of an humble address to his majesty, to express our grateful approbation of his majesty's paternal, and well-timed attendance to the public welfare, in his late most gracious Proclamation against the enemies of our happy Constitution.

"(Signed.) Onslow Cranley."

Taking it for granted, that the aforesaid advertisement, equally as obscure as the proclamation to which it refers, has nevertheless some meaning, and is intended to effect some purpose; and as a prosecution (whether wisely or unwisely, justly or unjustly) is already commenced against a work intitled RIGHTS OF MAN, of which I have the honour and happiness to be the author; I feel it necessary to address this letter to you, and to request that it may be read publicly to the gentlemen who shall meet at Epsom in consequence of the advertisement.

The work now under prosecution is, I conceive, the same work which is intended to be suppressed by the aforesaid proclamation. Admitting this to be the case, the gentlemen of the county of Surry are called upon by somebody to condemn a work, and they are at the same time forbidden by the proclamation to know what that work is; and they are further called upon to give their aid and assistance to prevent other people from knowing it also. It is therefore necessary that the author, for his own justification, as well as to prevent the gentlemen who shall meet from being imposed upon by misrepresentation, should give some outlines of the principles and plans which that work contains.

The work, Sir, in question, contains, first, an investigation of general principles of government.

It also distinguishes government into two classes or systems, the one the hereditary system; the other the representative system; and it compares these two systems with each other.

It shews that what is called hereditary government cannot exist as a matter of right; because hereditary government always means a government yet to come; and the case always is, that those who are to live afterwards have always the same right to establish a government for themselves as the people who had lived before them.

It also shews the defect to which hereditary government is unavoidably subject: that it must, from the nature of it, throw government into the hands of men totally unworthy of it from the want of principle, and unfitted for it from want of capacity. James II. and many others are recorded in the English history as proofs of the former of those cases, and instances are to be found all over Europe to prove the truth of the latter.

It then shews that the representative system is the only true system of government; that it is also the only system under which the liberties of any people can be permanently secure; and, further, that it is the only one that can continue the same equal probability at all times of admitting of none but men properly qualified, both by principles and abilities, into government, and of excluding such as are otherwise.

The work shews also, by plans and calculations not hitherto denied nor controverted, not even by the prosecution that is commenced, that the taxes now existing may be reduced at least six millions, that taxes may be entirely taken off from the poor, who are computed at one third of the nation; and that taxes on the other two thirds may be considerably reduced; that the aged poor may be comfortably provided for, and the children of poor families properly educated; that fifteen thousand soldiers, and the same number of sailors, may be allowed three shillings per week during life out of the surplus taxes; and also that a proportionate allowance may be made to the officers, and the pay of the remaining soldiers and sailors be raised; and that it is better to apply the surplus taxes to those purposes, than to consume them on lazy and profligate placemen and pensioners; and that the revenue, said to be twenty thousand pounds per annum, raised by a tax upon coals, and given to the Duke of Richmond, is a gross imposition upon all the people of London, and ought to be instantly abolished.

This, Sir, is a concise abstract of the principles and plans contained in the work that is now prosecuted, and for the suppression of which the proclamation appears to be intended; but as it is impossible that I can, in the compass of a letter, bring into view all the matters contained in the work, and as it is proper that the gentlemen who may compose that meeting should know what the merits or demerits of it are, before they come to any resolutions, either directly or indirectly relating thereto, I request the honour of presenting them with one hundred copies of the second part of the Rights of Man, and also one thousand copies of my letter to Mr. Dundas, which I have directed to be sent to Epsom for that purpose; and I beg the favour of the Chairman to take the trouble of presenting them to the gentlemen who shall meet on that occasion, with my sincere wishes for their happiness, and for that of the nation in general.

Having now closed thus much of the subject of my letter, I next come to speak of what has relation to me personally. I am well aware of the delicacy that attends it, but the purpose of calling the meeting appears to me so inconsistent with that justice that is always due between man and man, that it is proper I should (as well on account of the gentlemen who may meet, as on my own account) explain myself fully and candidly thereon.

I have already informed the gentlemen, that a prosecution is commenced against a work of which I have the honour and happiness to be the author; and I have good reasons for believing that the proclamation which the gentlemen are called to consider, and to present an address upon, is purposely calculated to give an impression to the jury before whom that matter is to come. In short, that it is dictating a verdict by proclamation; and I consider the instigators of the meeting to be held at Epsom, as aiding and abetting the same improper, and, in my opinion, illegal purpose, and that in a manner very artfully contrived, as I shall now shew.

Had a meeting been called of the Freeholders of the county of Middlesex, the gentlemen who had composed that meeting would have rendered themselves objectionable as persons to serve on a Jury, before whom the judicial case was afterwards to come. But by calling a meeting out of the county of Middlesex, that matter is artfully avoided, and the gentlemen of Surry are summoned, as if it were intended thereby to give a tone to the sort of verdict which the instigators of the meeting no doubt wish should be brought in, and to give countenance to the Jury in so doing. I am, sir,

With much respect to the

Gentlemen who shall meet, Their and your obedient and humble Servant,

Thomas Paine.

TO ONSLOW CRANLEY,

COMMONLY CALLED LORD ONSLOW.

SECOND LETTER. SIR,

London, June 21st 1792.

WHEN I wrote you the letter which Mr. Home Tooke did me the favour to present to you, as chairman of the meeting held at Epsom, Monday, June 18, it was not with much expectation that you would do me the justice of permitting, or recommending it to be publicly read. I am well aware that the signature of Thomas Paine has something in it dreadful to sinecure Placemen and Pensioners; and when you, on seeing the letter opened, informed the meeting that it was signed Thomas Paine, and added in a note of exclamation, "the common enemy of us all." you spoke one of the greatest truths you ever uttered, if you confine the expression to men of the same description with yourself; men living in indolence and luxury, on the spoil and labours of the public.

The letter has since appeared in the "Argus," and probably in other papers.(1) It will justify itself; but if any thing on that account hath been wanting, your conduct at the meeting would have supplied the omission. You there sufficiently proved that I was not mistaken in supposing that the meeting was called to give an indirect aid to the prosecution commenced against a work, the reputation of which will long outlive the memory of the Pensioner I am writing to.

When meetings, Sir, are called by the partisans of the Court, to preclude the nation the right of investigating systems and principles of government, and of exposing errors and defects, under the pretence of prosecuting an individual--it furnishes an additional motive for maintaining sacred that violated right.

The principles and arguments contained in the work in question, _Rights OF Man_, have stood, and they now stand, and I believe ever will stand, unrefuted. They are stated in a fair and open manner to the world, and they have already received the public approbation of a greater number of men, of the best of characters, of every denomination of religion, and of every rank in life, (placemen and pensioners excepted,) than all the juries that shall meet in England, for ten years to come, will amount to; and I have, moreover, good reasons for believing that the approvers of that work, as well private as public, are already more numerous than all the present electors throughout the nation.

1 The _Argus_ was edited by Sampson Perry, soon after prosecuted.--_Editor_.

Not less than forty pamphlets, intended as answers thereto, have appeared, and as suddenly disappeared: scarcely are the titles of any of them remembered, notwithstanding their endeavours have been aided by all the daily abuse which the Court and Ministerial newspapers, for almost a year and a half, could bestow, both upon the work and the author; and now that every attempt to refute, and every abuse has failed, the invention of calling the work a libel has been hit upon, and the discomfited party has pusillanimously retreated to prosecution and a jury, and obscure addresses.

As I well know that a long letter from me will not be agreeable to you, I will relieve your uneasiness by making it as short as I conveniently can; and will conclude it with taking up the subject at that part where Mr. HORNE TOOKE was interrupted from going on when at the meeting.

That gentleman was stating, that the situation you stood in rendered it improper for you to appear _actively_ in a scene in which your private interest was too visible: that you were a Bedchamber Lord at a thousand a year, and a Pensioner at three thousand pounds a year more--and here he was stopped by the little but noisy circle you had collected round. Permit me then, Sir, to add an explanation to his words, for the benefit of your neighbours, and with which, and a few observations, I shall close my letter.

When it was reported in the English Newspapers, some short time since, that the empress of RUSSIA had given to one of her minions a large tract of country and several thousands of peasants as property, it very justly provoked indignation and abhorrence in those who heard it. But if we compare the mode practised in England, with that which appears to us so abhorrent in Russia, it will be found to amount to very near the same thing;--for example--

As the whole of the revenue in England is drawn by taxes from the pockets of the people, those things called gifts and grants (of which kind are all pensions and sinecure places) are paid out of that stock. The difference, therefore, between the two modes is, that in England the money is collected by the government, and then given to the Pensioner, and in Russia he is left to collect it for himself. The smallest sum which the poorest family in a county so near London as Surry, can be supposed to pay annually, of taxes, is not less than five pounds; and as your sinecure of one thousand, and pension of three thousand per annum, are made up of taxes paid by eight hundred such poor families, it comes to the same thing as if the eight hundred families had been given to you, as in Russia, and you had collected the money on your account. Were you to say that you are not quartered particularly on the people of Surrey, but on the nation at large, the objection would amount to nothing; for as there are more pensioners than counties, every one may be considered as quartered on that in which he lives.

What honour or happiness you can derive from being the PRINCIPAL PAUPER of the neighbourhood, and occasioning a greater expence than the poor, the aged, and the infirm, for ten miles round you, I leave you to enjoy. At the same time I can see that it is no wonder you should be strenuous in suppressing a book which strikes at the root of those abuses. No wonder that you should be against reforms, against the freedom of the press, and the right of investigation. To you, and to others of your description, these are dreadful things; but you should also consider, that the motives which prompt you to _act_, ought, by reflection, to compel you to be _silent_.

Having now returned your compliment, and sufficiently tired your patience, I take my leave of you, with mentioning, that if you had not prevented my former letter from being read at the meeting, you would not have had the trouble of reading this; and also with requesting, that the next time you call me "_a common enemy_," you would add, "_of us sinecure placemen and pensioners_."

I am, Sir, &c. &c. &c.

Thomas Paine.

VII. TO THE SHERIFF OF THE COUNTY OF SUSSEX,

OR, THE GENTLEMAN WHO SHALL PRESIDE AT THE MEETING TO BE HELD AT LEWES, JULY 4.

London, June 30, 1792.

Sir,

I have seen in the Lewes newspapers, of June 25, an advertisement, signed by sundry persons, and also by the sheriff, for holding a meeting at the Town-hall of Lewes, for the purpose, as the advertisement states, of presenting an Address on the late Proclamation for suppressing writings, books, &c. And as I conceive that a certain publication of mine, entitled "Rights of Man," in which, among other things, the enormous increase of taxes, placemen, and pensioners, is shewn to be unnecessary and oppressive, _is the particular writing alluded to in the said publication_; I request the Sheriff, or in his absence, whoever shall preside at the meeting, or any other person, to read this letter publicly to the company who shall assemble in consequence of that advertisement.

Gentlemen--It is now upwards of eighteen years since I was a resident inhabitant of the town of Lewes. My situation among you, as an officer of the revenue, for more than six years, enabled me to see into the numerous and various distresses which the weight of taxes even at that time of day occasioned; and feeling, as I then did, and as it is natural for me to do, for the hard condition of others, it is with pleasure I can declare, and every person then under my survey, and now living, can witness, the exceeding candour, and even tenderness, with which that part of the duty that fell to my share was executed. The name of _Thomas Paine_ is not to be found in the records of the Lewes' justices, in any one act of contention with, or severity of any kind whatever towards, the persons whom he surveyed, either in the town, or in the country; of this, _Mr. Fuller_ and _Mr. Shelley_, who will probably attend the meeting, can, if they please, give full testimony. It is, however, not in their power to contradict it.

Having thus indulged myself in recollecting a place where I formerly had, and even now have, many friends, rich and poor, and most probably some enemies, I proceed to the more important purport of my letter.

Since my departure from Lewes, fortune or providence has thrown me into a line of action, which my first setting out into life could not possibly have suggested to me.

I have seen the fine and fertile country of America ravaged and deluged in blood, and the taxes of England enormously increased and multiplied in consequence thereof; and this, in a great measure, by the instigation of the same class of placemen, pensioners, and Court dependants, who are now promoting addresses throughout England, on the present _unintelligible_ Proclamation.

I have also seen a system of Government rise up in that country, free from corruption, and now administered over an extent of territory ten times as large as England, _for less expence than the pensions alone in England amount to_; and under which more freedom is enjoyed, and a more happy state of society is preserved, and a more general prosperity is promoted, than under any other system of Government now existing in the world. Knowing, as I do, the things I now declare, I should reproach myself with want of duty and affection to mankind, were I not in the most undismayed manner to publish them, as it were, on the house-tops, for the good of others.

Having thus glanced at what has passed within my knowledge, since my leaving Lewes, I come to the subject more immediately before the meeting now present.

Mr. Edmund Burke, who, as I shall show, in a future publication, has lived a concealed pensioner, at the expence of the public, of fifteen hundred pounds per annum, for about ten years last past, published a book the winter before last, in open violation of the principles of liberty, and for which he was applauded by that class of men _who are now promoting addresses_. Soon after his book appeared, I published the first part of the work, entitled "Rights of Man," as an answer thereto, and had the happiness of receiving the public thanks of several bodies of men, and of numerous individuals of the best character, of every denomination in religion, and of every rank in life--placemen and pensioners excepted.

In February last, I published the Second Part of "Rights of Man," and as it met with still greater approbation from the true friends of national freedom, and went deeper into the system of Government, and exposed the abuses of it, more than had been done in the First Part, it consequently excited an alarm among all those, who, insensible of the burthen of taxes which the general mass of the people sustain, are living in luxury and indolence, and hunting after Court preferments, sinecure places, and pensions, either for themselves, or for their family connections.

I have shewn in that work, that the taxes may be reduced at least _six millions_, and even then the expences of Government in England would be twenty times greater than they are in the country I have already spoken of. That taxes may be entirely taken off from the poor, by remitting to them in money at the rate of between _three and four pounds_ per head per annum, for the education and bringing up of the children of the poor families, who are computed at one third of the whole nation, and _six pounds_ per annum to all poor persons, decayed tradesmen, or others, from the age of fifty until sixty, and _ten pounds_ per annum from after sixty. And that in consequence of this allowance, to be paid out of the surplus taxes, the poor-rates would become unnecessary, and that it is better to apply the surplus taxes to these beneficent purposes, _than to waste them on idle and profligate courtiers, placemen, and pensioners_.

These, gentlemen, are a part of the plans and principles contained in the work, which this meeting is now called upon, in an indirect manner, to vote an address against, and brand with the name of _wicked and seditious_. But that the work may speak for itself, I request leave to close this part of my letter with an extract therefrom, in the following words: [_Quotation the same as that on p. 26_.]

Gentlemen, I have now stated to you such matters as appear necessary to me to offer to the consideration of the meeting. I have no other interest in what I am doing, nor in writing you this letter, than the interest of the _heart_. I consider the proposed address as calculated to give countenance to placemen, pensioners, enormous taxation, and corruption. Many of you will recollect, that whilst I resided among you, there was not a man more firm and open in supporting the principles of liberty than myself, and I still pursue, and ever will, the same path.

I have, Gentlemen, only one request to make, which is--that those who have called the meeting will speak _out_, and say, whether in the address they are going to present against publications, which the proclamation calls wicked, they mean the work entitled _Rights of Man_, or whether they do not?

I am, Gentlemen, With sincere wishes for your happiness,

Your friend and Servant,

Thomas Paine.

VIII. TO MR. SECRETARY DUNDAS.

Calais, Sept. 15, 1792.

Sir,

I CONCEIVE it necessary to make you acquainted with the following circumstance:--The department of Calais having elected me a member of the National Convention of France, I set off from London the 13th instant, in company with Mr. Frost, of Spring Garden, and Mr. Audibert, one of the municipal officers of Calais, who brought me the certificate of my being elected. We had not arrived more, I believe, than five minutes at the York Hotel, at Dover, when the train of circumstances began that I am going to relate. We had taken our baggage out of the carriage, and put it into a room, into which we went. Mr. Frost, having occasion to go out, was stopped in the passage by a gentleman, who told him he must return into the room, which he did, and the gentleman came in with him, and shut the door. I had remained in the room; Mr. Audibert was gone to inquire when the packet was to sail. The gentleman then said, that he was collector of the customs, and had an information against us, and must examine our baggage for prohibited articles. He produced his commission as Collector. Mr. Frost demanded to see the information, which the Collector refused to shew, and continued to refuse, on every demand that we made. The Collector then called in several other officers, and began first to search our pockets. He took from Mr. Audibert, who was then returned into the room, every thing he found in his pocket, and laid it on the table. He then searched Mr. Frost in the same manner, (who, among other things, had the keys of the trunks in his pocket,) and then did the same by me. Mr. Frost wanting to go out, mentioned it, and was going towards the door; on which the Collector placed himself against the door, and said, nobody should depart the room. After the keys had been taken from Mr. Frost, (for I had given him the keys of my trunks beforehand, for the purpose of his attending the baggage to the customs, if it should be necessary,) the Collector asked us to open the trunks, presenting us the keys for that purpose; this we declined to do, unless he would produce his information, which he again refused. The Collector then opened the trunks himself, and took out every paper and letter, sealed or unsealed. On our remonstrating with him on the bad policy, as well as the illegality, of Custom-House officers seizing papers and letters, which were things that did not come under their cognizance, he replied, that the _Proclamation_ gave him the authority.

Among the letters which he took out of my trunk, were two sealed letters, given into my charge by the American Minister in London [Pinckney], one of which was directed to the American Minister at Paris [Gouverneur Morris], the other to a private gentleman; a letter from the President of the United States, and a letter from the Secretary of State in America, both directed to me, and which I had received from the American Minister, now in London, and were private letters of friendship; a letter from the electoral body of the Department of Calais, containing the notification of my being elected to the National Convention; and a letter from the President of the National Assembly, informing me of my being also elected for the Department of the Oise.

As we found that all remonstrances with the Collector, on the bad policy and illegality of seizing papers and letters, and retaining our persons by force, under the pretence of searching for prohibited articles, were vain, (for he justified himself on the Proclamation, and on the information which he refused to shew,) we contented ourselves with assuring him, that what he was then doing, he would afterwards have to answer for, and left it to himself to do as he pleased.

It appeared to us that the Collector was acting under the direction of some other person or persons, then in the hotel, but whom he did not choose we should see, or who did not choose to be seen by us; for the Collector went several times out of the room for a few minutes, and was also called out several times.

When the Collector had taken what papers and letters he pleased out of the trunks, he proceeded to read them. The first letter he took up for this purpose was that from the President of the United States to me. While he was doing this, I said, that it was very extraordinary that General Washington could not write a letter of private friendship to me, without its being subject to be read by a custom-house officer. Upon this Mr. Frost laid his hand over the face of the letter, and told the Collector that he should not read it, and took it from him. Mr. Frost then, casting his eyes on the concluding paragraph of the letter, said, I will read this part to you, which he did; of which the following is an exact transcript--

"And as no one can feel a greater interest in the happiness of mankind than I do, it is the first wish of my heart, that the enlightened policy of the present age may diffuse to all men those blessings to which they are entitled, and lay the foundation of happiness for future generations."(1)

As all the other letters and papers lay then on the table, the Collector took them up, and was going out of the room with them. During the transactions already stated, I contented myself with observing what passed, and spoke but little; but on seeing the Collector going out of the room with the letters, I told him that the papers and letters then in his hand were either belonging to me, or entrusted to my charge, and that as I could not permit them to be out of my sight, I must insist on going with him.

1 Washington's letter is dated 6 May, 1792. See my _Life of Paine_ vol. i., p. 302.--_Editor_.

The Collector then made a list of the letters and papers, and went out of the room, giving the letters and papers into the charge of one of the officers. He returned in a short time, and, after some trifling conversation, chiefly about the Proclamation, told us, that he saw _the Proclamation was ill-founded_, and asked if we chose to put the letters and papers into the trunks ourselves, which, as we had not taken them out, we declined doing, and he did it himself, and returned us the keys.

In stating to you these matters, I make no complaint against the personal conduct of the Collector, or of any of the officers. Their manner was as civil as such an extraordinary piece of business could admit of.

My chief motive in writing to you on this subject is, that you may take measures for preventing the like in future, not only as it concerns private individuals, but in order to prevent a renewal of those unpleasant consequences that have heretofore arisen between nations from circumstances equally as insignificant. I mention this only for myself; but as the interruption extended to two other gentlemen, it is probable that they, as individuals, will take some more effectual mode for redress.

I am, Sir, yours, &c.

Thomas Paine.

P. S. Among the papers seized, was a copy of the Attorney-General's information against me for publishing the _Rights of Man_, and a printed proof copy of my Letter to the Addressers, which will soon be published.

IX. LETTER ADDRESSED TO THE ADDRESSERS ON THE LATE PROCLAMATION.(1)

COULD I have commanded circumstances with a wish, I know not of any that would have more generally promoted the progress of knowledge, than the late Proclamation, and the numerous rotten Borough and Corporation Addresses thereon. They have not only served as advertisements, but they have excited a spirit of enquiry into principles of government, and a desire to read the Rights OF Man, in places where that spirit and that work were before unknown.

The people of England, wearied and stunned with parties, and alternately deceived by each, had almost resigned the prerogative of thinking. Even curiosity had expired, and a universal languor had spread itself over the land. The opposition was visibly no other than a contest for power, whilst the mass of the nation stood torpidly by as the prize.

In this hopeless state of things, the First Part of the Rights of Man made its appearance. It had to combat with a strange mixture of prejudice and indifference; it stood exposed to every species of newspaper abuse; and besides this, it had to remove the obstructions which Mr. Burke's rude and outrageous attack on the French Revolution had artfully raised.

1 The Royal Proclamation issued against seditious writings, May 21st. This pamphlet, the proof of which was read in Paris (see P. S. of preceding chapter), was published at 1s. 6d. by H. D. Symonds, Paternoster Row, and Thomas Clio Rickman, 7 Upper Marylebone Street (where it was written), both pub-Ushers being soon after prosecuted.--_Editor_.

But how easy does even the most illiterate reader distinguish the spontaneous sensations of the heart, from the laboured productions of the brain. Truth, whenever it can fully appear, is a thing so naturally familiar to the mind, that an acquaintance commences at first sight. No artificial light, yet discovered, can display all the properties of daylight; so neither can the best invented fiction fill the mind with every conviction which truth begets.

To overthrow Mr. Burke's fallacious book was scarcely the operation of a day. Even the phalanx of Placemen and Pensioners, who had given the tone to the multitude, by clamouring forth his political fame, became suddenly silent; and the final event to himself has been, that as he rose like a rocket, he fell like the stick.

It seldom happens, that the mind rests satisfied with the simple detection of error or imposition. Once put in motion, _that_ motion soon becomes accelerated; where it had intended to stop, it discovers new reasons to proceed, and renews and continues the pursuit far beyond the limits it first prescribed to itself. Thus it has happened to the people of England. From a detection of Mr. Burke's incoherent rhapsodies, and distorted facts, they began an enquiry into the first principles of Government, whilst himself, like an object left far behind, became invisible and forgotten.

Much as the First Part of RIGHTS OF Man impressed at its first appearance, the progressive mind soon discovered that it did not go far enough. It detected errors; it exposed absurdities; it shook the fabric of political superstition; it generated new ideas; but it did not produce a regular system of principles in the room of those which it displaced. And, if I may guess at the mind of the Government-party, they beheld it as an unexpected gale that would soon blow over, and they forbore, like sailors in threatening weather, to whistle, lest they should encrease(sic) the wind. Every thing, on their part, was profound silence.

When the Second Part of _Rights of Man, combining Principle and Practice_, was preparing to appear, they affected, for a while, to act with the same policy as before; but finding their silence had no more influence in stifling the progress of the work, than it would have in stopping the progress of time, they changed their plan, and affected to treat it with clamorous contempt. The Speech-making Placemen and Pensioners, and Place-expectants, in both Houses of Parliament, the _Outs_ as well as the _Ins_, represented it as a silly, insignificant performance; as a work incapable of producing any effect; as something which they were sure the good sense of the people would either despise or indignantly spurn; but such was the overstrained awkwardness with which they harangued and encouraged each other, that in the very act of declaring their confidence they betrayed their fears.

As most of the rotten Borough Addressers are obscured in holes and corners throughout the country, and to whom a newspaper arrives as rarely as an almanac, they most probably have not had the opportunity of knowing how far this part of the farce (the original prelude to all the Addresses) has been acted. For _their_ information, I will suspend a while the more serious purpose of my Letter, and entertain them with two or three Speeches in the last Session of Parliament, which will serve them for politics till Parliament meets again.

You must know, Gentlemen, that the Second Part of the Rights of Man (the book against which you have been presenting Addresses, though it is most probable that many of you did not know it) was to have come out precisely at the time that Parliament last met. It happened not to be published till a few days after. But as it was very well known that the book would shortly appear, the parliamentary Orators entered into a very cordial coalition to cry the book down, and they began their attack by crying up the _blessings_ of the Constitution.

Had it been your fate to have been there, you could not but have been moved at the heart-and-pocket-felt congratulations that passed between all the parties on this subject of _blessings_; for the _Outs_ enjoy places and pensions and sinecures as well as the _Ins_, and are as devoutly attached to the firm of the house.

One of the most conspicuous of this motley groupe, is the Clerk of the Court of King's Bench, who calls himself Lord Stormont. He is also called Justice General of Scotland, and Keeper of Scoon, (an opposition man,) and he draws from the public for these nominal offices, not less, as I am informed, than six thousand pounds a-year, and he is, most probably, at the trouble of counting the money, and signing a receipt, to shew, perhaps, that he is qualified to be Clerk as well as Justice. He spoke as follows.(*)

"That we shall all be unanimous in expressing our attachment to the constitution of these realms, I am confident. It is a subject upon which there can be no divided opinion in this house. I do not pretend to be deep read in the knowledge of the Constitution, but I take upon me to say, that from the extent of my knowledge [_for I have so many thousands a year for nothing_] it appears to me, that from the period of the Revolution, for it was by no means created then, it has been, both in theory and practice, the wisest system that ever was formed. I never was [he means he never was till now] a dealer in political cant. My life has not been occupied in that way, but the speculations of late years seem to have taken a turn, for which I cannot account. When I came into public life, the political pamphlets of the time, however they might be charged with the heat and violence of parties, were agreed in extolling the radical beauties of the Constitution itself. I remember [_he means he has forgotten_] a most captivating eulogium on its charms, by Lord Bolingbroke, where he recommends his readers to contemplate it in all its aspects, with the assurance that it would be found more estimable the more it was seen, I do not recollect his precise words, but I wish that men who write upon these subjects would take this for their model, instead of the political pamphlets, which, I am told, are now in circulation, [_such, I suppose, as Rights of Man,_] pamphlets which I have not read, and whose purport I know only by report, [_he means, perhaps, by the noise they make_.] This, however, I am sure, that pamphlets tending to unsettle the public reverence for the constitution, will have very little influence. They can do very little harm--for [_by the bye, he is no dealer in political cant_] the English are a sober-thinking people, and are more intelligent, more solid, more steady in their opinions, than any people I ever had the fortune to see. [_This is pretty well laid on, though, for a new beginner_.] But if there should ever come a time when the propagation of those doctrines should agitate the public mind, I am sure for every one of your Lordships, that no attack will be made on the constitution, from which it is truly said that we derive all our prosperity, without raising every one of your Lordships to its support It will then be found that there is no difference among us, but that we are all determined to stand or fall together, in defence of the inestimable system "--[_of places and pensions_].

* See his speech in the Morning Chronicle of Feb. 1.-- Author.

After Stormont, on the opposition side, sat down, up rose another noble Lord, on the ministerial side, Grenville. This man ought to be as strong in the back as a mule, or the sire of a mule, or it would crack with the weight of places and offices. He rose, however, without feeling any incumbrance, full master of his weight; and thus said this noble Lord to t'other noble Lord!

"The patriotic and manly manner in which the noble Lord has declared his sentiments on the subject of the constitution, demands my cordial approbation. The noble Viscount has proved, that however we may differ on particular measures, amidst all the jars and dissonance of parties, we are unanimous in principle. There is a perfect and entire consent [_between us_] in the love and maintenance of the constitution as happily subsisting. It must undoubtedly give your Lordships concern, to find that the time is come [heigh ho!] when there is propriety in the expressions of regard to [o! o! o!] the constitution. And that there are men [confound--their--po-li-tics] who disseminate doctrines hostile to the genuine spirit of our well balanced system, [_it is certainly well balanced when both sides hold places and pensions at once._] I agree with the noble viscount that they have not [I hope] much success. I am convinced that there is no danger to be apprehended from their attempts: but it is truly important and consolatory [to us placemen, I suppose] to know, that if ever there should arise a serious alarm, there is but one spirit, one sense, [_and that sense I presume is not common sense_] and one determination in this house "--which undoubtedly is to hold all their places and pensions as long as they can.

Both those speeches (except the parts enclosed in parenthesis, which are added for the purpose of illustration) are copied verbatim from the Morning Chronicle of the 1st of February last; and when the situation of the speakers is considered, the one in the opposition, and the other in the ministry, and both of them living at the public expence, by sinecure, or nominal places and offices, it required a very unblushing front to be able to deliver them. Can those men seriously suppose any nation to be so completely blind as not to see through them? Can Stormont imagine that the political _cant_, with which he has larded his harangue, will conceal the craft? Does he not know that there never was a cover large enough to hide _itself_? Or can Grenvilie believe that his credit with the public encreases with his avarice for places?

But, if these orators will accept a service from me, in return for the allusions they have made to the _Rights of Man_, I will make a speech for either of them to deliver, on the excellence of the constitution, that shall be as much to the purpose as what they have spoken, or as _Bolingbroke's captivating eulogium_. Here it is.

"That we shall all be unanimous in expressing our attachment to the constitution, I am confident. It is, my Lords, incomprehensibly good: but the great wonder of all is the wisdom; for it is, my lords, _the wisest system that ever was formed_.

"With respect to us, noble Lords, though the world does not know it, it is very well known to us, that we have more wisdom than we know what to do with; and what is still better, my Lords, we have it all in stock. I defy your Lordships to prove, that a tittle of it has been used yet; and if we but go on, my Lords, with the frugality we have hitherto done, we shall leave to our heirs and successors, when we go out of the world, the whole stock of wisdom, _untouched_, that we brought in; and there is no doubt but they will follow our example. This, my lords, is one of the blessed effects of the hereditary system; for we can never be without wisdom so long as we keep it by us, and do not use it.

"But, my Lords, as all this wisdom is hereditary property, for the sole benefit of us and our heirs, and it is necessary that the people should know where to get a supply for their own use, the excellence of our constitution has provided us a King for this very purpose, and for _no other_. But, my Lords, I perceive a defect to which the constitution is subject, and which I propose to remedy by bringing a bill into Parliament for that purpose.

"The constitution, my Lords, out of delicacy, I presume, has left it as a matter of _choice_ to a King whether he will be wise or not. It has not, I mean, my Lords, insisted upon it as a constitutional point, which, I conceive it ought to have done; for I pledge myself to your Lordships to prove, and that with _true patriotic boldness_, that he has _no choice in the matter_. This bill, my Lords, which I shall bring in, will be to declare, that the constitution, according to the true intent and meaning thereof, does not invest the King with this choice; our ancestors were too wise to do that; and, in order to prevent any doubts that might otherwise arise, I shall prepare, my Lords, an enacting clause, to fix the wisdom of Kings by act of Parliament; and then, my Lords our Constitution will be the wonder of the world!

"Wisdom, my lords, is the one thing needful: but that there may be no mistake in this matter, and that we may proceed consistently with the true wisdom of the constitution, I shall propose a _certain criterion_ whereby the _exact quantity of wisdom_ necessary for a King may be known. [Here should be a cry of, Hear him! Hear him!]

"It is recorded, my Lords, in the Statutes at Large of the Jews, 'a book, my Lords, which I have not read, and whose purport I know only by report,' _but perhaps the bench of Bishops can recollect something about it_, that Saul gave the most convincing proofs of royal wisdom before he was made a King, _for he was sent to seek his father's asses and he could not find them_.

"Here, my Lords, we have, most happily for us, a case in point: This precedent ought to be established by act of Parliament; and every King, before he be crowned, should be sent to seek his father's asses, and if he cannot find them, he shall be declared wise enough to be King, according to the true meaning of our excellent constitution. All, therefore, my Lords, that will be necessary to be done by the enacting clause that I shall bring in, will be to invest the King beforehand with the quantity of wisdom necessary for this purpose, lest he should happen not to possess it; and this, my Lords, we can do without making use of any of our own.

"We further read, my Lords, in the said Statutes at Large of the Jews, that Samuel, who certainly was as mad as any Man-of-Rights-Man now-a-days (hear him! hear him!), was highly displeased, and even exasperated, at the proposal of the Jews to have a King, and he warned them against it with all that assurance and impudence of which he was master. I have been, my Lords, at the trouble of going all the way to _Paternoster-row_, to procure an extract from the printed copy. I was told that I should meet with it there, or in _Amen-eorner_, for I was then going, my Lords, to rummage for it among the curiosities of the _Antiquarian Society_. I will read the extracts to your Lordships, to shew how little Samuel knew of the matter.

"The extract, my Lords, is from 1 Sam. chap. viii.:

"'And Samuel told all the words of the Lord unto the people that asked of him a King.

"'And he said, this will be the manner of the King that shall reign over you: he will take your sons, and appoint them for himself, for his chariots, and to be his horsemen; and some shall run before his chariots.

"'And he will appoint him captains over thousands, and captains over fifties, and will set them to ear his ground, and to reap his harvest, and to make his instruments of war, and instruments of his chariots.

"'And he will take your daughters to be confectionnes, and to be cooks, and to be bakers.

"'And he will take your fields, and your vineyards, and your olive-yards, even the best of them, and give them to his servants.

"'And he will take the tenth of your seed, and of your vineyards, and give to his officers and to his servants.

"'And he will take your men-servants, and your maid-servants, and your goodliest young men, and your asses, and put them to his work.

"'And he will take the tenth of your sheep, and ye shall be his servants.

"'And ye shall cry out in that day, because of your King, which ye shall have chosen you; and the Lord will not hear you in that day.'

"Now, my Lords, what can we think of this man Samuel? Is there a word of truth, or any thing like truth, in all that he has said? He pretended to be a prophet, or a wise man, but has not the event proved him to be a fool, or an incendiary? Look around, my Lords, and see if any thing has happened that he pretended to foretell! Has not the most profound peace reigned throughout the world ever since Kings were in fashion? Are not, for example, the present Kings of Europe the most peaceable of mankind, and the Empress of Russia the very milk of human kindness? It would not be worth having Kings, my Lords, if it were not that they never go to war.

"If we look at home, my Lords, do we not see the same things here as are seen every where else? Are our young men taken to be horsemen, or foot soldiers, any more than in Germany or in Prussia, or in Hanover or in Hesse? Are not our sailors as safe at land as at sea? Are they ever dragged from their homes, like oxen to the slaughter-house, to serve on board ships of war? When they return from the perils of a long voyage with the merchandize of distant countries, does not every man sit down under his own vine and his own fig-tree, in perfect security? Is the tenth of our seed taken by tax-gatherers, or is any part of it given to the King's servants? In short, _is not everything as free from taxes as the light from Heaven!_ (1)

"Ah! my Lords, do we not see the blessed effect of having Kings in every thing we look at? Is not the G. R., or the broad R., stampt upon every thing? Even the shoes, the gloves, and the hats that we wear, are enriched with the impression, and all our candles blaze a burnt-offering.

"Besides these blessings, my Lords, that cover us from the sole of the foot to the crown of the head, do we not see a race of youths growing up to be Kings, who are the very paragons of virtue? There is not one of them, my Lords, but might be trusted with untold gold, as safely as the other. Are they not '_more sober, intelligent, more solid, more steady_,' and withal, _more learned, more wise, more every thing, than any youths we '_ever had the fortune to see.' Ah! my Lords, they are a _hopeful family_.

"The blessed prospect of succession, which the nation has at this moment before its eyes, is a most undeniable proof of the excellence of our constitution, and of the blessed hereditary system; for nothing, my Lords, but a constitution founded on the truest and purest wisdom could admit such heaven-born and heaven-taught characters into the government.--Permit me now, my Lords, to recal your attention to the libellous chapter I have just read about Kings. I mention this, my Lords, because it is my intention to move for a bill to be brought into parliament to expunge that chapter from the Bible, and that the Lord Chancellor, with the assistance of the Prince of Wales, the Duke of York, and the Duke of Clarence, be requested to write a chapter in the room of it; and that Mr. Burke do see that it be truly canonical, and faithfully inserted."--Finis.

1 Allusion to the window-tax.--Editor,

If the Clerk of the Court of King's Bench should chuse to be the orator of this luminous encomium on the constitution, I hope he will get it well by heart before he attempts to deliver it, and not have to apologize to Parliament, as he did in the case of Bolingbroke's encomium, for forgetting his lesson; and, with this admonition I leave him.

Having thus informed the Addressers of what passed at the meeting of Parliament, I return to take up the subject at the part where I broke off in order to introduce the preceding speeches.

I was then stating, that the first policy of the Government party was silence, and the next, clamorous contempt; but as people generally choose to read and judge for themselves, the work still went on, and the affectation of contempt, like the silence that preceded it, passed for nothing.

Thus foiled in their second scheme, their evil genius, like a will-with-a-wisp, led them to a third; when all at once, as if it had been unfolded to them by a fortune-teller, or Mr. Dundas had discovered it by second sight, this once harmless, insignificant book, without undergoing the alteration of a single letter, became a most wicked and dangerous Libel. The whole Cabinet, like a ship's crew, became alarmed; all hands were piped upon deck, as if a conspiracy of elements was forming around them, and out came the Proclamation and the Prosecution; and Addresses supplied the place of prayers.

Ye silly swains, thought I to myself, why do you torment yourselves thus? The Rights OF Man is a book calmly and rationally written; why then are you so disturbed? Did you see how little or how suspicious such conduct makes you appear, even cunning alone, had you no other faculty, would hush you into prudence. The plans, principles, and arguments, contained in that work, are placed before the eyes of the nation, and of the world, in a fair, open, and manly manner, and nothing more is necessary than to refute them. Do this, and the whole is done; but if ye cannot, so neither can ye suppress the reading, nor convict the author; for the Law, in the opinion of all good men, would convict itself, that should condemn what cannot be refuted.

Having now shown the Addressers the several stages of the business, prior to their being called upon, like Cæsar in the Tyber, crying to Cassius, "_help, Cassius, or I sink_!" I next come to remark on the policy of the Government, in promoting Addresses; on the consequences naturally resulting therefrom; and on the conduct of the persons concerned.

With respect to the policy, it evidently carries with it every mark and feature of disguised fear. And it will hereafter be placed in the history of extraordinary things, that a pamphlet should be produced by an individual, unconnected with any sect or party, and not seeking to make any, and almost a stranger in the land, that should compleatly frighten a whole Government, and that in the midst of its most triumphant security. Such a circumstance cannot fail to prove, that either the pamphlet has irresistible powers, or the Government very extraordinary defects, or both. The nation exhibits no signs of fear at the Rights of Man; why then should the Government, unless the interest of the two are really opposite to each other, and the secret is beginning to be known? That there are two distinct classes of men in the nation, those who pay taxes, and those who receive and live upon the taxes, is evident at first sight; and when taxation is carried to excess, it cannot fail to disunite those two, and something of this kind is now beginning to appear.

It is also curious to observe, amidst all the fume and bustle about Proclamations and Addresses, kept up by a few noisy and interested men, how little the mass of the nation seem to care about either. They appear to me, by the indifference they shew, not to believe a word the Proclamation contains; and as to the Addresses, they travel to London with the silence of a funeral, and having announced their arrival in the Gazette, are deposited with the ashes of their predecessors, and Mr. Dundas writes their _hic facet_.

One of the best effects which the Proclamation, and its echo the Addresses have had, has been that of exciting and spreading curiosity; and it requires only a single reflection to discover, that the object of all curiosity is knowledge. When the mass of the nation saw that Placemen, Pensioners, and Borough-mongers, were the persons that stood forward to promote Addresses, it could not fail to create suspicions that the public good was not their object; that the character of the books, or writings, to which such persons obscurely alluded, not daring to mention them, was directly contrary to what they described them to be, and that it was necessary that every man, for his own satisfaction, should exercise his proper right, and read and judge for himself.

But how will the persons who have been induced to read the _Rights of Man_, by the clamour that has been raised against it, be surprized to find, that, instead of a wicked, inflammatory work, instead of a licencious and profligate performance, it abounds with principles of government that are uncontrovertible--with arguments which every reader will feel, are unanswerable--with plans for the increase of commerce and manufactures--for the extinction of war--for the education of the children of the poor--for the comfortable support of the aged and decayed persons of both sexes--for the relief of the army and navy, and, in short, for the promotion of every thing that can benefit the moral, civil, and political condition of Man.

Why, then, some calm observer will ask, why is the work prosecuted, if these be the goodly matters it contains? I will tell thee, friend; it contains also a plan for the reduction of Taxes, for lessening the immense expences of Government, for abolishing sinecure Places and Pensions; and it proposes applying the redundant taxes, that shall be saved by these reforms, to the purposes mentioned in the former paragraph, instead of applying them to the support of idle and profligate Placemen and Pensioners.

Is it, then, any wonder that Placemen and Pensioners, and the whole train of Court expectants, should become the promoters of Addresses, Proclamations, and Prosecutions? or, is it any wonder that Corporations and rotten Boroughs, which are attacked and exposed, both in the First and Second Parts of _Rights of Man_, as unjust monopolies and public nuisances, should join in the cavalcade? Yet these are the sources from which Addresses have sprung. Had not such persons come forward to oppose the _Rights of Man_, I should have doubted the efficacy of my own writings: but those opposers have now proved to me that the blow was well directed, and they have done it justice by confessing the smart.

The principal deception in this business of Addresses has been, that the promoters of them have not come forward in their proper characters. They have assumed to pass themselves upon the public as a part of the Public, bearing a share of the burthen of Taxes, and acting for the public good; whereas, they are in general that part of it that adds to the public burthen, by living on the produce of the public taxes. They are to the public what the locusts are to the tree: the burthen would be less, and the prosperity would be greater, if they were shaken off.

"I do not come here," said Onslow, at the Surry County meeting, "as the Lord Lieutenant and Custos Rotulorum of the county, but I come here as a plain country gentleman." The fact is, that he came there as what he was, and as no other, and consequently he came as one of the beings I have been describing. If it be the character of a gentleman to be fed by the public, as a pauper is by the parish, Onslow has a fair claim to the title; and the same description will suit the Duke of Richmond, who led the Address at the Sussex meeting. He also may set up for a gentleman.

As to the meeting in the next adjoining county (Kent), it was a scene of disgrace. About two hundred persons met, when a small part of them drew privately away from the rest, and voted an Address: the consequence of which was that they got together by the ears, and produced a riot in the very act of producing an Address to prevent Riots.

That the Proclamation and the Addresses have failed of their intended effect, may be collected from the silence which the Government party itself observes. The number of addresses has been weekly retailed in the Gazette; but the number of Addressers has been concealed. Several of the Addresses have been voted by not more than ten or twelve persons; and a considerable number of them by not more than thirty. The whole number of Addresses presented at the time of writing this letter is three hundred and twenty, (rotten Boroughs and Corporations included) and even admitting, on an average, one hundred Addressers to each address, the whole number of addressers would be but thirty-two thousand, and nearly three months have been taken up in procuring this number. That the success of the Proclamation has been less than the success of the work it was intended to discourage, is a matter within my own knowledge; for a greater number of the cheap edition of the First and Second Parts of the Rights OF Man has been sold in the space only of one month, than the whole number of Addressers (admitting them to be thirty-two thousand) have amounted to in three months.

It is a dangerous attempt in any government to say to a Nation, "_thou shalt not read_." This is now done in Spain, and was formerly done under the old Government of France; but it served to procure the downfall of the latter, and is subverting that of the former; and it will have the same tendency in all countries; because _thought_ by some means or other, is got abroad in the world, and cannot be restrained, though reading may.

If _Rights of Man_ were a book that deserved the vile description which the promoters of the Address have given of it, why did not these men prove their charge, and satisfy the people, by producing it, and reading it publicly? This most certainly ought to have been done, and would also have been done, had they believed it would have answered their purpose. But the fact is, that the book contains truths which those time-servers dreaded to hear, and dreaded that the people should know; and it is now following up the,

ADDRESS TO ADDRESSERS.

Addresses in every part of the nation, and convicting them of falsehoods.

Among the unwarrantable proceedings to which the Proclamation has given rise, the meetings of the Justices in several of the towns and counties ought to be noticed.. Those men have assumed to re-act the farce of General Warrants, and to suppress, by their own authority, whatever publications they please. This is an attempt at power equalled only by the conduct of the minor despots of the most despotic governments in Europe, and yet those Justices affect to call England a Free Country. But even this, perhaps, like the scheme for garrisoning the country by building military barracks, is necessary to awaken the country to a sense of its Rights, and, as such, it will have a good effect.

Another part of the conduct of such Justices has been, that of threatening to take away the licences from taverns and public-houses, where the inhabitants of the neighbourhood associated to read and discuss the principles of Government, and to inform each other thereon. This, again, is similar to what is doing in Spain and Russia; and the reflection which it cannot fail to suggest is, that the principles and conduct of any Government must be bad, when that Government dreads and startles at discussion, and seeks security by a prevention of knowledge.

If the Government, or the Constitution, or by whatever name it be called, be that miracle of perfection which the Proclamation and the Addresses have trumpeted it forth to be, it ought to have defied discussion and investigation, instead of dreading it. Whereas, every attempt it makes, either by Proclamation, Prosecution, or Address, to suppress investigation, is a confession that it feels itself unable to bear it. It is error only, and not truth, that shrinks from enquiry. All the numerous pamphlets, and all the newspaper falsehood and abuse, that have been published against the Rights of Man, have fallen before it like pointless arrows; and, in like manner, would any work have fallen before the Constitution, had the Constitution, as it is called, been founded on as good political principles as those on which the Rights OF Man is written.

It is a good Constitution for courtiers, placemen, pensioners, borough-holders, and the leaders of Parties, and these are the men that have been the active leaders of Addresses; but it is a bad Constitution for at least ninety-nine parts of the nation out of an hundred, and this truth is every day making its way.

It is bad, first, because it entails upon the nation the unnecessary expence of supporting three forms and systems of Government at once, namely, the monarchical, the aristocratical, and the democratical.

Secondly, because it is impossible to unite such a discordant composition by any other means than perpetual corruption; and therefore the corruption so loudly and so universally complained of, is no other than the natural consequence of such an unnatural compound of Governments; and in this consists that excellence which the numerous herd of placemen and pensioners so loudly extol, and which at the same time, occasions that enormous load of taxes under which the rest of the nation groans.

Among the mass of national delusions calculated to amuse and impose upon the multitude, the standing one has been that of flattering them into taxes, by calling the Government (or as they please to express it, the English Constitution) "_the envy and the admiration of the world_" Scarcely an Address has been voted in which some of the speakers have not uttered this hackneyed nonsensical falsehood.

Two Revolutions have taken place, those of America and France; and both of them have rejected the unnatural compounded system of the English government. America has declared against all hereditary Government, and established the representative system of Government only. France has entirely rejected the aristocratical part, and is now discovering the absurdity of the monarchical, and is approaching fast to the representative system. On what ground then, do these men continue a declaration, respecting what they call the _envy and admiration of other nations_, which the voluntary practice of such nations, as have had the opportunity of establishing Government, contradicts and falsifies. Will such men never confine themselves to truth? Will they be for ever the deceivers of the people?

But I will go further, and shew, that were Government now to begin in England, the people could not be brought to establish the same system they now submit to.

In speaking on this subject (or on any other) _on the pure ground of principle_, antiquity and precedent cease to be authority, and hoary-headed error loses its effect. The reasonableness and propriety of things must be examined abstractedly from custom and usage; and, in this point of view, the right which grows into practice to-day is as much a right, and as old in principle and theory, as if it had the customary sanction of a thousand ages. Principles have no connection with time, nor characters with names.

To say that the Government of this country is composed of King, Lords, and Commons, is the mere phraseology of custom. It is composed of men; and whoever the men be to whom the Government of any country is intrusted, they ought to be the best and wisest that can be found, and if they are not so, they are not fit for the station. A man derives no more excellence from the change of a name, or calling him King, or calling him Lord, than I should do by changing my name from Thomas to George, or from Paine to Guelph. I should not be a whit more able to write a book because my name was altered; neither would any man, now called a King or a lord, have a whit the more sense than he now has, were he to call himself Thomas Paine.

As to the word "Commons," applied as it is in England, it is a term of degradation and reproach, and ought to be abolished. It is a term unknown in free countries.

But to the point.--Let us suppose that Government was now to begin in England, and that the plan of Government, offered to the nation for its approbation or rejection, consisted of the following parts:

First--That some one individual should be taken from all the rest of the nation, and to whom all the rest should swear obedience, and never be permitted to sit down in his presence, and that they should give to him one million sterling a year.--That the nation should never after have power or authority to make laws but with his express consent; and that his sons and his sons' sons, whether wise or foolish, good men or bad, fit or unfit, should have the same power, and also the same money annually paid to them for ever.

Secondly--That there should be two houses of Legislators to assist in making laws, one of which should, in the first instance, be entirely appointed by the aforesaid person, and that their sons and their sons' sons, whether wise or foolish, good men or bad, fit or unfit, should for ever after be hereditary Legislators.

Thirdly--That the other house should be chosen in the same manner as the house now called the House of Commons is chosen, and should be subject to the controul of the two aforesaid hereditary Powers in all things.

It would be impossible to cram such a farrago of imposition and absurdity down the throat of this or any other nation that was capable of reasoning upon its rights and its interest.

They would ask, in the first place, on what ground of right, or on what principle, such irrational and preposterous distinctions could, or ought to be made; and what pretensions any man could have, or what services he could render, to entitle him to a million a year? They would go farther, and revolt at the idea of consigning their children, and their children's children, to the domination of persons hereafter to be born, who might, for any thing they could foresee, turn out to be knaves or fools; and they would finally discover, that the project of hereditary Governors and Legislators _was a treasonable usurpation over the rights of posterity_. Not only the calm dictates of reason, and the force of natural affection, but the integrity of manly pride, would impel men to spurn such proposals.

From the grosser absurdities of such a scheme, they would extend their examination to the practical defects--They would soon see that it would end in tyranny accomplished by fraud. That in the operation of it, it would be two to one against them, because the two parts that were to be made hereditary would form a common interest, and stick to each other; and that themselves and representatives would become no better than hewers of wood and drawers of water for the other parts of the Government.--Yet call one of those powers King, the other Lords, and the third the Commons, and it gives the model of what is called the English Government.

I have asserted, and have shewn, both in the First and Second Parts of _Rights of Man_, that there is not such a thing as an English Constitution, and that the people have yet a Constitution to form. _A Constitution is a thing antecedent to a Government; it is the act of a people creating a Government and giving it powers, and defining the limits and exercise of the powers so given_. But whenever did the people of England, acting in their original constituent character, by a delegation elected for that express purpose, declare and say, "We, the people of this land, do constitute and appoint this to be our system and form of Government." The Government has assumed to constitute itself, but it never was constituted by the people, in whom alone the right of constituting resides.

I will here recite the preamble to the Federal Constitution of the United States of America. I have shewn in the Second Part of _Rights of Man_, the manner by which the Constitution was formed and afterwards ratified; and to which I refer the reader. The preamble is in the following words:

"We, the people, of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America."

Then follow the several articles which appoint the manner in which the several component parts of the Government, legislative and executive, shall be elected, and the period of their duration, and the powers they shall have: also, the manner by which future additions, alterations, or amendments, shall be made to the constitution. Consequently, every improvement that can be made in the science of government, follows in that country as a matter of order. It is only in Governments founded on assumption and false principles, that reasoning upon, and investigating systems and principles of Government, and shewing their several excellencies and defects, are termed libellous and seditious. These terms were made part of the charge brought against Locke, Hampden, and Sydney, and will continue to be brought against all good men, so long as bad government shall continue.

The Government of this country has been ostentatiously giving challenges for more than an hundred years past, upon what it called its own excellence and perfection. Scarcely a King's Speech, or a Parliamentary Speech, has been uttered, in which this glove has not been thrown, till the world has been insulted with their challenges. But it now appears that all this was vapour and vain boasting, or that it was intended to conceal abuses and defects, and hush the people into taxes. I have taken the challenge up, and in behalf of the public have shewn, in a fair, open, and candid manner, both the radical and practical defects of the system; when, lo! those champions of the Civil List have fled away, and sent the Attorney-General to deny the challenge, by turning the acceptance of it into an attack, and defending their Places and Pensions by a prosecution.

I will here drop this part of the subject, and state a few particulars respecting the prosecution now pending, by which the Addressers will see that they have been used as tools to the prosecuting party and their dependents. The case is as follows:

The original edition of the First and Second Parts of the Rights of Man, having been expensively printed, (in the modern stile of printing pamphlets, that they might be bound up with Mr. Burke's Reflections on the French Revolution,) the high price(1) precluded the generality of people from purchasing; and many applications were made to me from various parts of the country to print the work in a cheaper manner. The people of Sheffield requested leave to print two thousand copies for themselves, with which request I immediately complied. The same request came to me from Rotherham, from Leicester, from Chester, from several towns in Scotland; and Mr. James Mackintosh, author of _Vindico Gallico_, brought me a request from Warwickshire, for leave to print ten thousand copies in that county. I had already sent a cheap edition to Scotland; and finding the applications increase, I concluded that the best method of complying therewith, would be to print a very numerous edition in London, under my own direction, by which means the work would be more perfect, and the price be reduced lower than it could be by _printing_ small editions in the country, of only a few thousands each.

1 Half a crown.--_Editor_.

The cheap edition of the first part was begun about the first of last April, and from that moment, and not before, I expected a prosecution, and the event has proved that I was not mistaken. I had then occasion to write to Mr. Thomas Walker of Manchester, and after informing him of my intention of giving up the work for the purpose of general information, I informed him of what I apprehended would be the consequence; that while the work was at a price that precluded an extensive circulation, the government party, not able to controvert the plans, arguments, and principles it contained, had chosen to remain silent; but that I expected they would make an attempt to deprive the mass of the nation, and especially the poor, of the right of reading, by the pretence of prosecuting either the Author or the Publisher, or both. They chose to begin with the Publisher.

Nearly a month, however, passed, before I had any information given me of their intentions. I was then at Bromley, in Kent, upon which I came immediately to town, (May 14) and went to Mr. Jordan, the publisher of the original edition. He had that evening been served with a summons to appear at the Court of King's Bench, on the Monday following, but for what purpose was not stated. Supposing it to be on account of the work, I appointed a meeting with him on the next morning, which was accordingly had, when I provided an attorney, and took the ex-pence of the defence on myself. But finding afterwards that he absented himself from the attorney employed, and had engaged another, and that he had been closeted with the Solicitors of the Treasury, I left him to follow his own choice, and he chose to plead Guilty. This he might do if he pleased; and I make no objection against him for it. I believe that his idea by the word _Guilty_, was no other than declaring himself to be the publisher, without any regard to the merits or demerits of the work; for were it to be construed otherwise, it would amount to the absurdity of converting a publisher into a Jury, and his confession into a verdict upon the work itself. This would be the highest possible refinement upon packing of Juries.

On the 21st of May, they commenced their prosecution against me, as the author, by leaving a summons at my lodgings in town, to appear at the Court of King's Bench on the 8th of June following; and on the same day, (May 21,) _they issued also their Proclamation_. Thus the Court of St. James and the Court of King's Bench, were playing into each other's hands at the same instant of time, and the farce of Addresses brought up the rear; and this mode of proceeding is called by the prostituted name of Law. Such a thundering rapidity, after a ministerial dormancy of almost eighteen months, can be attributed to no other cause than their having gained information of the forwardness of the cheap Edition, and the dread they felt at the progressive increase of political knowledge.

I was strongly advised by several gentlemen, as well those in the practice of the law, as others, to prefer a bill of indictment against the publisher of the Proclamation, as a publication tending to influence, or rather to dictate the verdict of a Jury on the issue of a matter then pending; but it appeared to me much better to avail myself of the opportunity which such a precedent justified me in using, by meeting the Proclamation and the Addressers on their own ground, and publicly defending the Work which had been thus unwarrantably attacked and traduced.--And conscious as I now am, that the Work entitled Rights OF Man so far from being, as has been maliciously or erroneously represented, a false, wicked, and seditious libel, is a work abounding with unanswerable truths, with principles of the purest morality and benevolence, and with arguments not to be controverted--Conscious, I say, of these things, and having no object in view but the happiness of mankind, I have now put the matter to the best proof in my power, by giving to the public a cheap edition of the First and Second Parts of that Work. Let every man read and judge for himself, not only of the merits and demerits of the Work, but of the matters therein contained, which relate to his own interest and happiness.

If, to expose the fraud and imposition of monarchy, and every species of hereditary government--to lessen the oppression of taxes--to propose plans for the education of helpless infancy, and the comfortable support of the aged and distressed--to endeavour to conciliate nations to each other--to extirpate the horrid practice of war--to promote universal peace, civilization, and commerce--and to break the chains of political superstition, and raise degraded man to his proper rank;--if these things be libellous, let me live the life of a Libeller, and let the name of Libeller be engraved on my tomb.

Of all the weak and ill-judged measures which fear, ignorance, or arrogance could suggest, the Proclamation, and the project for Addresses, are two of the worst. They served to advertise the work which the promoters of those measures wished to keep unknown; and in doing this they offered violence to the judgment of the people, by calling on them to condemn what they forbad them to know, and put the strength of their party to that hazardous issue that prudence would have avoided.--The County Meeting for Middlesex was attended by only one hundred and eighteen Addressers. They, no doubt, expected, that thousands would flock to their standard, and clamor against the _Rights of Man_. But the case most probably is, that men in all countries, are not so blind to their Rights and their Interest as Governments believe.

Having thus shewn the extraordinary manner in which the Government party commenced their attack, I proceed to offer a few observations on the prosecution, and on the mode of trial by Special Jury.

In the first place, I have written a book; and if it cannot be refuted, it cannot be condemned. But I do not consider the prosecution as particularly levelled against me, but against the general right, or the right of every man, of investigating systems and principles of government, and shewing their several excellencies or defects. If the press be free only to flatter Government, as Mr. Burke has done, and to cry up and extol what certain Court sycophants are pleased to call a "glorious Constitution," and not free to examine into its errors or abuses, or whether a Constitution really exist or not, such freedom is no other than that of Spain, Turkey, or Russia; and a Jury in this case, would not be a Jury to try, but an Inquisition to condemn.

I have asserted, and by fair and open argument maintained, the right of every nation at all times to establish such a system and form of government for itself as best accords with its disposition, interest, and happiness; and to change and alter it as it sees occasion. Will any Jury deny to the Nation this right? If they do, they are traitors, and their verdict would be null and void. And if they admit the right, the means must be admitted also; for it would be the highest absurdity to say, that the right existed, but the means did not. The question then is, What are the means by which the possession and exercise of this National Right are to be secured? The answer will be, that of maintaining, inviolably, the right of free investigation; for investigation always serves to detect error, and to bring forth truth.

I have, as an individual, given my opinion upon what I believe to be not only the best, but the true system of Government, which is the representative system, and I have given reasons for that opinion.

First, Because in the representative system, no office of very extraordinary power, or extravagant pay, is attached to any individual; and consequently there is nothing to excite those national contentions and civil wars with which countries under monarchical governments are frequently convulsed, and of which the History of England exhibits such numerous instances.

Secondly, Because the representative is a system of Government always in maturity; whereas monarchical government fluctuates through all the stages, from non-age to dotage.

Thirdly, Because the representative system admits of none but men properly qualified into the Government, or removes them if they prove to be otherwise. Whereas, in the hereditary system, a nation may be encumbered with a knave or an ideot for a whole life-time, and not be benefited by a successor.

Fourthly, Because there does not exist a right to establish hereditary government, or, in other words, hereditary successors, because hereditary government always means a government yet to come, and the case always is, that those who are to live afterwards have the same right to establish government for themselves, as the people had who lived before them; and, therefore, all laws attempting to establish hereditary government, are founded on assumption and political fiction.

If these positions be truths, and I challenge any man to prove the contrary; if they tend to instruct and enlighten mankind, and to free them from error, oppression, and political superstition, which are the objects I have in view in publishing them, that Jury would commit an act of injustice to their country, and to me, if not an act of perjury, that should call them _false, wicked, and malicious_.

Dragonetti, in his treatise "On Virtues and Rewards," has a paragraph worthy of being recorded in every country in the world--"The science (says he,) of the politician, consists, in, fixing the true point of happiness and freedom. Those men deserve the gratitude of ages who should discover a mode of government that contained the greatest sum of _individual happiness_ with the least _national expence_." But if Juries are to be made use of to prohibit enquiry, to suppress truth, and to stop the progress of knowledge, this boasted palladium of liberty becomes the most successful instrument of tyranny.

Among the arts practised at the Bar, and from the Bench, to impose upon the understanding of a Jury, and to obtain a Verdict where the consciences of men could not otherwise consent, one of the most successful has been that of calling _truth a libel_, and of insinuating that the words "_falsely, wickedly, and maliciously_," though they are made the formidable and high sounding part of the charge, are not matters of consideration with a Jury. For what purpose, then, are they retained, unless it be for that of imposition and wilful defamation?

I cannot conceive a greater violation of order, nor a more abominable insult upon morality, and upon human understanding, than to see a man sitting in the judgment seat, affecting by an antiquated foppery of dress to impress the audience with awe; then causing witnesses and Jury to be sworn to truth and justice, himself having officially sworn the same; then causing to be read a prosecution against a man charging him with having _wickedly and maliciously written and published a certain false, wicked, and seditious book_; and having gone through all this with a shew of solemnity, as if he saw the eye of the Almighty darting through the roof of the building like a ray of light, turn, in an instant, the whole into a farce, and, in order to obtain a verdict that could not otherwise be obtained, tell the Jury that the charge of _falsely, wickedly, and seditiously_, meant nothing; that _truth_ was out of the question; and that whether the person accused spoke truth or falsehood, or intended _virtuously or wickedly_, was the same thing; and finally conclude the wretched inquisitorial scene, by stating some antiquated precedent, equally as abominable as that which is then acting, or giving some opinion of his own, and _falsely calling the one and the other--Law_. It was, most probably, to such a Judge as this, that the most solemn of all reproofs was given--"_The Lord will smite thee, thou whitened wall_."

I now proceed to offer some remarks on what is called a Special Jury. As to what is called a Special Verdict, I shall make no other remark upon it, than that it is in reality _not_ a verdict. It is an attempt on the part of the Jury to delegate, or of the Bench to obtain, the exercise of that right, which is committed to the Jury only.

With respect to the Special Juries, I shall state such matters as I have been able to collect, for I do not find any uniform opinion concerning the mode of appointing them.

In the first place, this mode of trial is but of modern invention, and the origin of it, as I am told, is as follows:

Formerly, when disputes arose between Merchants, and were brought before a Court, the case was that the nature of their commerce, and the method of keeping Merchants' accounts not being sufficiently understood by persons out of their own line, it became necessary to depart from the common mode of appointing Juries, and to select such persons for a Jury whose _practical knowledge_ would enable them to decide upon the case. From this introduction, Special Juries became more general; but some doubts having arisen as to their legality, an act was passed in the 3d of George II. to establish them as legal, and also to extend them to all cases, not only between individuals, but in cases where _the Government itself should be the prosecutor_. This most probably gave rise to the suspicion so generally entertained of packing a Jury; because, by this act, when the Crown, as it is called, is the Prosecutor, the Master of the Crown-office, who holds his office under the Crown, is the person who either wholly nominates, or has great power in nominating the Jury, and therefore it has greatly the appearance of the prosecuting party selecting a Jury.

The process is as follows:

On motion being made in Court, by either the Plaintiff or Defendant, for a Special Jury, the Court grants it or not, at its own discretion.

If it be granted, the Solicitor of the party that applied for the Special Jury, gives notice to the Solicitor of the adverse party, and a day and hour are appointed for them to meet at the office of the Master of the Crown-office. The Master of the Crown-office sends to the Sheriff or his deputy, who attends with the Sheriff's book of Freeholders. From this book, forty-eight names are taken, and a copy thereof given to each of the parties; and, on a future day, notice is again given, and the Solicitors meet a second time, and each strikes out twelve names. The list being thus reduced from forty-eight to twenty-four, the first twelve that appear in Court, and answer to their names, is the Special Jury for that cause. The first operation, that of taking the forty-eight names, is called nominating the Jury; and the reducing them to twenty-four is called striking the Jury.

Having thus stated the general process, I come to particulars, and the first question will be, how are the forty-eight names, out of which the Jury is to be struck, obtained from the Sheriff's book? For herein lies the principal ground of suspicion, with respect to what is understood by packing of Juries.

Either they must be taken by some rule agreed upon between the parties, or by some common rule known and established beforehand, or at the discretion of some person, who in such a case, ought to be perfectly disinterested in the issue, as well officially as otherwise.

In the case of Merchants, and in all cases between individuals, the Master of the office, called the Crown-office, is officially an indifferent person, and as such may be a proper person to act between the parties, and present them with a list of forty-eight names, out of which each party is to strike twelve. But the case assumes an entire difference of character, when the Government itself is the Prosecutor. The Master of the Crown-office is then an officer holding his office under the Prosecutor; and it is therefore no wonder that the suspicion of packing Juries should, in such cases, have been so prevalent.

This will apply with additional force, when the prosecution is commenced against the Author or Publisher of such Works as treat of reforms, and of the abolition of superfluous places and offices, &c, because in such cases every person holding an office, subject to that suspicion, becomes interested as a party; and the office, called the Crown-office, may, upon examination, be found to be of this description.

I have heard it asserted, that the Master of the Crown-office is to open the sheriff's book as it were per hazard, and take thereout forty-eight _following_ names, to which the word Merchant or Esquire is affixed. The former of these are certainly proper, when the case is between Merchants, and it has reference to the origin of the custom, and to nothing else. As to the word Esquire, every man is an Esquire who pleases to call himself Esquire; and the sensible part of mankind are leaving it off. But the matter for enquiry is, whether there be any existing law to direct the mode by which the forty-eight names shall be taken, or whether the mode be merely that of custom which the office has created; or whether the selection of the forty-eight names be wholly at the discretion and choice of the Master of the Crown-office? One or other of the two latter appears to be the case, because the act already mentioned, of the 3d of George II. lays down no rule or mode, nor refers to any preceding law--but says only, that Special Juries shall hereafter be struck, "_in such manner as Special Juries have been and are usually struck_."

This act appears to have been what is generally understood by a "_deep take in_." It was fitted to the spur of the moment in which it was passed, 3d of George II. when parties ran high, and it served to throw into the hands of Walpole, who was then Minister, the management of Juries in Crown prosecutions, by making the nomination of the forty-eight persons, from whom the Jury was to be struck, follow the precedent established by custom between individuals, and by this means slipt into practice with less suspicion. Now, the manner of obtaining Special Juries through the medium of an officer of the Government, such, for instance, as a Master of the Crown-office, may be impartial in the case of Merchants or other individuals, but it becomes highly improper and suspicious in cases where the Government itself is one of the parties. And it must, upon the whole, appear a strange inconsistency, that a Government should keep one officer to commence prosecutions, and another officer to nominate the forty-eight persons from whom the Jury is to be struck, both of whom are _officers of the Civil List_, and yet continue to call this by the pompous name of _the glorious "Right of trial by Jury!_"

In the case of the King against Jordan, for publishing the Rights of Man, the Attorney-General moved for the appointment of a Special Jury, and the Master of the Crown-office nominated the forty-eight persons himself, and took them from such part of the Sheriff's book as he pleased.

The trial did not come on, occasioned by Jordan withdrawing his plea; but if it had, it might have afforded an opportunity of discussing the subject of Special Juries; for though such discussion might have had no effect in the Court of King's Bench, it would, in the present disposition for enquiry, have had a considerable effect upon the Country; and, in all national reforms, this is the proper point to begin at. But a Country right, and it will soon put Government right. Among the improper things acted by the Government in the case of Special Juries, on their own motion, one has been that of treating the Jury with a dinner, and afterwards giving each Juryman two guineas, if a verdict be found for the prosecution, and only one if otherwise; and it has been long observed, that, in London and Westminster, there are persons who appear to make a trade of serving, by being so frequently seen upon Special Juries.

Thus much for Special Juries. As to what is called a _Common Jury_, upon any Government prosecution against the Author or Publisher of RIGHTS OF Man, during the time of the _present Sheriffry_, I have one question to offer, which is, _whether the present Sheriffs of London, having publicly prejudged the case, by the part they have taken in procuring an Address from the county of Middlesex, (however diminutive and insignificant the number of Addressers were, being only one hundred and eighteen,) are eligible or proper persons to be intrusted with the power of returning a Jury to try the issue of any such prosecution_.

But the whole matter appears, at least to me, to be worthy of a more extensive consideration than what relates to any Jury, whether Special or Common; for the case is, whether any part of a whole nation, locally selected as a Jury of twelve men always is, be competent to judge and determine for the whole nation, on any matter that relates to systems and principles of Government, and whether it be not applying the institution of Juries to purposes for which such institutions were not intended? For example,

I have asserted, in the Work Rights of Man, that as every man in the nation pays taxes, so has every man a right to a share in government, and consequently that the people of Manchester, Birmingham, Sheffield, Leeds, Halifax, &c have the same right as those of London. Shall, then, twelve men, picked out between Temple-bar and Whitechapel, because the book happened to be first published there, decide upon the rights of the inhabitants of those towns, or of any other town or village in the nation?

Having thus spoken of Juries, I come next to offer a few observations on the matter contained in the information or prosecution.

The work, Rights of Man, consists of Part the First, and Fart the Second. The First Part the prosecutor has thought it most proper to let alone; and from the Second Fart he has selected a few short paragraphs, making in the whole not quite two pages of the same printing as in the cheap edition. Those paragraphs relate chiefly to certain facts, such as the revolution of 1688, and the coming of George the First, commonly called of the House of Hanover, or the House of Brunswick, or some such House. The arguments, plans and principles contained in the work, the prosecutor has not ventured to attack. They are beyond his reach.

The Act which the prosecutor appears to rest most upon for the support of the prosecution, is the Act intituled, "An Act, declaring the rights and liberties of the subject, and settling the succession of the crown," passed in the first year of William and Mary, and more commonly known by the name of the "Bill of Rights."

I have called this bill "_A Bill of wrongs and of insult_." My reasons, and also my proofs, are as follow:

The method and principle which this Bill takes for declaring rights and liberties, are in direct contradiction to rights and liberties; it is an assumed attempt to take them wholly from posterity--for the declaration in the said Bill is as follows:

"The Lords Spiritual and Temporal, and Commons, do, in _the name of all the people_, most humbly and faithfully _submit themselves, their heirs, and posterity for ever_;" that is, to William and Mary his wife, their heirs and successors. This is a strange way of declaring rights and liberties. But the Parliament who made this declaration in the name, and on the part, of the people, had no authority from them for so doing; and with respect to _posterity for ever_, they had no right or authority whatever in the case. It was assumption and usurpation. I have reasoned very extensively against the principle of this Bill, in the first part of Rights of Man; the prosecutor has silently admitted that reasoning, and he now commences a prosecution on the authority of the Bill, after admitting the reasoning against it.

It is also to be observed, that the declaration in this Bill, abject and irrational as it is, had no other intentional operation than against the family of the Stuarts, and their abettors. The idea did not then exist, that in the space of an hundred years, posterity might discover a different and much better system of government, and that every species of hereditary government might fall, as Popes and Monks had fallen before. This, I say, was not then thought of, and therefore the application of the Bill, in the present case, is a new, erroneous, and illegal application, and is the same as creating a new Bill _ex post facto_.

It has ever been the craft of Courtiers, for the purpose of keeping up an expensive and enormous Civil List, and a mummery of useless and antiquated places and offices at the public expence, to be continually hanging England upon some individual or other, called _King_, though the man might not have capacity to be a parish constable. The folly and absurdity of this, is appearing more and more every day; and still those men continue to act as if no alteration in the public opinion had taken place. They hear each other's nonsense, and suppose the whole nation talks the same Gibberish.

Let such men cry up the House of Orange, or the House of Brunswick, if they please. They would cry up any other house if it suited their purpose, and give as good reasons for it. But what is this house, or that house, or any other house to a nation? "_For a nation to be free, it is sufficient that she wills it_." Her freedom depends wholly upon herself, and not on any house, nor on any individual. I ask not in what light this cargo of foreign houses appears to others, but I will say in what light it appears to me--It was like the trees of the forest, saying unto the bramble, come thou and reign over us.

Thus much for both their houses. I now come to speak of two other houses, which are also put into the information, and those are the House of Lords, and the House of Commons. Here, I suppose, the Attorney-General intends to prove me guilty of speaking either truth or falsehood; for, according to the modern interpretation of Libels, it does not signify which, and the only improvement necessary to shew the compleat absurdity of such doctrine, would be, to prosecute a man for uttering a most _false and wicked truth_.

I will quote the part I am going to give, from the Office Copy, with the Attorney General's inuendoes, enclosed in parentheses as they stand in the information, and I hope that civil list officer will caution the Court not to laugh when he reads them, and also to take care not to laugh himself.

The information states, that _Thomas Paine, being a wicked, malicious, seditious, and evil-disposed person, hath, with force and arms, and most wicked cunning, written and published a certain false, scandalous, malicious, and seditious libel; in one part thereof, to the tenor and effect following, that is to say_--

"With respect to the two Houses, of which the English Parliament (_meaning the Parliament of this Kingdom_) is composed, they appear to be effectually influenced into one, and, as a Legislature, to have no temper of its own. The Minister, (_meaning the Minuter employed by the King of this Realm, in the administration of the Government thereof_) whoever he at any time may be, touches it (_meaning the two Houses of Parliament of this Kingdom_) as with an opium wand, and it (_meaning the two Houses of Parliament of this Kingdom_) sleeps obedience."

As I am not malicious enough to disturb their repose, though it be time they should awake, I leave the two Houses and the Attorney General, to the enjoyment of their dreams, and proceed to a new subject.

The Gentlemen, to whom I shall next address myself, are those who have stiled themselves "_Friends of the people_," holding their meeting at the Freemasons' Tavern, London.(1)

One of the principal Members of this Society, is Mr. Grey, who, I believe, is also one of the most independent Members in Parliament.(2) I collect this opinion from what Mr. Burke formerly mentioned to me, rather than from any knowledge of my own. The occasion was as follows:

I was in England at the time the bubble broke forth about Nootka Sound: and the day after the King's Message, as it is called, was sent to Parliament, I wrote a note to Mr. Burke, that upon the condition the French Revolution should not be a subject (for he was then writing the book I have since answered) I would call on him the next day, and mention some matters I was acquainted with, respecting the affair; for it appeared to me extraordinary that any body of men, calling themselves Representatives, should commit themselves so precipitately, or "sleep obedience," as Parliament was then doing, and run a nation into expence, and perhaps a war, without so much as enquiring into the case, or the subject, of both which I had some knowledge.

1 See in the Introduction to this volume Chauvelin's account of this Association.--_Editor._

2 In the debate in the House of Commons, Dec. 14, 1793, Mr. Grey is thus reported: "Mr. Grey was not a friend to Paine's doctrines, but he was not to be deterred by a man from acknowledging that he considered the rights of man as the foundation of every government, and those who stood out against those rights as conspirators against the people." He severely denounced the Proclamation. Parl. Hist., vol. xxvi.--_Editor._

When I saw Mr. Burke, and mentioned the circumstances to him, he particularly spoke of Mr. Grey, as the fittest Member to bring such matters forward; "for," said Mr. Burke, "_I am not the proper_ person to do it, as I am in a treaty with Mr. Pitt about Mr. Hastings's trial." I hope the Attorney General will allow, that Mr. Burke was then _sleeping his obedience_.--But to return to the Society------

I cannot bring myself to believe, that the general motive of this Society is any thing more than that by which every former parliamentary opposition has been governed, and by which the present is sufficiently known. Failing in their pursuit of power and place within doors, they have now (and that in not a very mannerly manner) endeavoured to possess themselves of that ground out of doors, which, had it not been made by others, would not have been made by them. They appear to me to have watched, with more cunning than candour, the progress of a certain publication, and when they saw it had excited a spirit of enquiry, and was rapidly spreading, they stepped forward to profit by the opportunity, and Mr. Fox _then_ called it a Libel. In saying this, he libelled himself. Politicians of this cast, such, I mean, as those who trim between parties, and lye by for events, are to be found in every country, and it never yet happened that they did not do more harm than good. They embarrass business, fritter it to nothing, perplex the people, and the event to themselves generally is, that they go just far enough to make enemies of the few, without going far enough to make friends of the many.

Whoever will read the declarations of this Society, of the 25th of April and 5th of May, will find a studied reserve upon all the points that are real abuses. They speak not once of the extravagance of Government, of the abominable list of unnecessary and sinecure places and pensions, of the enormity of the Civil List, of the excess of taxes, nor of any one matter that substantially affects the nation; and from some conversation that has passed in that Society, it does not appear to me that it is any part of their plan to carry this class of reforms into practice. No Opposition Party ever did, when it gained possession.

In making these free observations, I mean not to enter into contention with this Society; their incivility towards me is what I should expect from place-hunting reformers. They are welcome, however, to the ground they have advanced upon, and I wish that every individual among them may act in the same upright, uninfluenced, and public spirited manner that I have done. Whatever reforms may be obtained, and by whatever means, they will be for the benefit of others and not of me. I have no other interest in the cause than the interest of my heart. The part I have acted has been wholly that of a volunteer, unconnected with party; and when I quit, it shall be as honourably as I began.

I consider the reform of Parliament, by an application to Parliament, as proposed by the Society, to be a worn-out hackneyed subject, about which the nation is tired, and the parties are deceiving each other. It is not a subject that is cognizable before Parliament, because no Government has a right to alter itself, either in whole or in part. The right, and the exercise of that right, appertains to the nation only, and the proper means is by a national convention, elected for the purpose, by all the people. By this, the will of the nation, whether to reform or not, or what the reform shall be, or how far it shall extend, will be known, and it cannot be known by any other means. Partial addresses, or separate associations, are not testimonies of the general will.

It is, however, certain, that the opinions of men, with respect to systems and principles of government, are changing fast in all countries. The alteration in England, within the space of a little more than a year, is far greater than could have been believed, and it is daily and hourly increasing. It moves along the country with the silence of thought. The enormous expence of Government has provoked men to think, by making them feel; and the Proclamation has served to increase jealousy and disgust. To prevent, therefore, those commotions which too often and too suddenly arise from suffocated discontents, it is best that the general WILL should have the full and free opportunity of being publicly ascertained and known.

Wretched as the state of representation is in England, it is every day becoming worse, because the unrepresented parts of the nation are increasing in population and property, and the represented parts are decreasing. It is, therefore, no ill-grounded estimation to say, that as not one person in seven is represented, at least fourteen millions of taxes out of the seventeen millions, are paid by the unrepresented part; for although copyholds and leaseholds are assessed to the land-tax, the holders are unrepresented. Should then a general demur take place as to the obligation of paying taxes, on the ground of not being represented, it is not the Representatives of Rotten Boroughs, nor Special Juries, that can decide the question. This is one of the possible cases that ought to be foreseen, in order to prevent the inconveniencies that might arise to numerous individuals, by provoking it.

I confess I have no idea of petitioning for rights. Whatever the rights of people are, they have a right to them, and none have a right either to withhold them, or to grant them. Government ought to be established on such principles of justice as to exclude the occasion of all such applications, for wherever they appear they are virtually accusations.

I wish that Mr. Grey, since he has embarked in the business, would take the whole of it into consideration. He will then see that the right of reforming the state of the Representation does not reside in Parliament, and that the only motion he could consistently make would be, that Parliament should _recommend_ the election of a convention of the people, because all pay taxes. But whether Parliament recommended it or not, the right of the nation would neither be lessened nor increased thereby.

As to Petitions from the unrepresented part, they ought not to be looked for. As well might it be expected that Manchester, Sheffield, &c. should petition the rotten Boroughs, as that they should petition the Representatives of those Boroughs. Those two towns alone pay far more taxes than all the rotten Boroughs put together, and it is scarcely to be expected they should pay their court either to the Boroughs, or the Borough-mongers.

It ought also to be observed, that what is called Parliament, is composed of two houses that have always declared against the right of each other to interfere in any matter that related to the circumstances of either, particularly that of election. A reform, therefore, in the representation cannot, on the ground they have individually taken, become the subject of an act of Parliament, because such a mode would include the interference, against which the Commons on their part have protested; but must, as well on the ground of formality, as on that of right, proceed from a National Convention.

Let Mr. Grey, or any other man, sit down and endeavour to put his thoughts together, for the purpose of drawing up an application to Parliament for a reform of Parliament, and he will soon convince himself of the folly of the attempt. He will find that he cannot get on; that he cannot make his thoughts join, so as to produce any effect; for, whatever formality of words he may use, they will unavoidably include two ideas directly opposed to each other; the one in setting forth the reasons, the other in praying for relief, and the two, when placed together, would stand thus: "_The Representation in Parliament is so very corrupt, that we can no longer confide in it,--and, therefore, confiding in the justice and wisdom of Parliament, we pray_," &c, &c.

The heavy manner in which every former proposed application to Parliament has dragged, sufficiently shews, that though the nation might not exactly see the awkwardness of the measure, it could not clearly see its way, by those means. To this also may be added another remark, which is, that the worse Parliament is, the less will be the inclination to petition it. This indifference, viewed as it ought to be, is one of the strongest censures the public express. It is as if they were to say to them, "Ye are not worth reforming."

Let any man examine the Court-Kalendar of Placemen in both Houses, and the manner in which the Civil List operates, and he will be at no loss to account for this indifference and want of confidence on one side, nor of the opposition to reforms on the other.

Who would have supposed that Mr. Burke, holding forth as he formerly did against secret influence, and corrupt majorities, should become a concealed Pensioner? I will now state the case, not for the little purpose of exposing Mr. Burke, but to shew the inconsistency of any application to a body of men, more than half of whom, as far as the nation can at present know, may be in the same case with himself.

Towards the end of Lord North's administration, Mr. Burke brought a bill into Parliament, generally known by Mr. Burke's Reform Bill; in which, among other things, it is enacted, "That no pension exceeding the sum of three hundred pounds a year, shall be granted to any one person, and that the whole amount of the pensions granted in one year shall not exceed six hundred pounds; a list of which, together with the _names of the persons_ to whom the same are granted, shall be laid before Parliament in twenty days after the beginning of each session, until the whole pension list shall be reduced to ninety thousand pounds." A provisory clause is afterwards added, "That it shall be lawful for the First Commissioner of the Treasury, to return into the Exchequer any pension or annuity, _without a name_, on his making oath that such pension or annuity is not directly or indirectly for the benefit, use, or behoof of any Member of the House of Commons."

But soon after that administration ended, and the party Mr. Burke acted with came into power, it appears from the circumstances I am going to relate, that Mr. Burke became himself a Pensioner in disguise; in a similar manner as if a pension had been granted in the name of John Nokes, to be privately paid to and enjoyed by Tom Stiles. The name of Edmund Burke does not appear in the original transaction: but after the pension was obtained, Mr. Burke wanted to make the most of it at once, by selling or mortgaging it; and the gentleman in whose name the pension stands, applied to one of the public offices for that purpose. This unfortunately brought forth the name of _Edmund Burke_, as the real Pensioner of 1,500L. per annum.(1) When men trumpet forth what they call the blessings of the Constitution, it ought to be known what sort of blessings they allude to.

As to the Civil List of a million a year, it is not to be supposed that any one man can eat, drink, or consume the whole upon himself. The case is, that above half the sum is annually apportioned among Courtiers, and Court Members, of both Houses, in places and offices, altogether insignificant and perfectly useless as to every purpose of civil, rational, and manly government. For instance,

Of what use in the science and system of Government is what is called a Lord Chamberlain, a Master and Mistress of the Robes, a Master of the Horse, a Master of the Hawks, and one hundred other such things? Laws derive no additional force, nor additional excellence from such mummery.

In the disbursements of the Civil List for the year 1786, (which may be seen in Sir John Sinclair's History of the Revenue,) are four separate charges for this mummery office of Chamberlain:

From this sample the rest may be guessed at. As to the Master of the Hawks, (there are no hawks kept, and if there were, it is no reason the people should pay the expence of feeding them, many of whom are put to it to get bread for their children,) his salary is 1,372L. 10s.

1 See note at the end of this chapter.--_Editor._

And besides a list of items of this kind, sufficient to fill a quire of paper, the Pension lists alone are 107,404L. 13s. 4d. which is a greater sum than all the expences of the federal Government in America amount to.

Among the items, there are two I had no expectation of finding, and which, in this day of enquiry after Civil List influence, ought to be exposed. The one is an annual payment of one thousand seven hundred pounds to the Dissenting Ministers in England, and the other, eight hundred pounds to those of Ireland.

This is the fact; and the distribution, as I am informed, is as follows: The whole sum of 1,700L. is paid to one person, a Dissenting Minister in London, who divides it among eight others, and those eight among such others as they please. The Lay-body of the Dissenters, and many of their principal Ministers, have long considered it as dishonourable, and have endeavoured to prevent it, but still it continues to be secretly paid; and as the world has sometimes seen very fulsome Addresses from parts of that body, it may naturally be supposed that the receivers, like Bishops and other Court-Clergy, are not idle in promoting them. How the money is distributed in Ireland, I know not.

To recount all the secret history of the Civil List, is not the intention of this publication. It is sufficient, in this place, to expose its general character, and the mass of influence it keeps alive. It will necessarily become one of the objects of reform; and therefore enough is said to shew that, under its operation, no application to Parliament can be expected to succeed, nor can consistently be made.

Such reforms will not be promoted by the Party that is in possession of those places, nor by the Opposition who are waiting for them; and as to a _mere reform_, in the state of the Representation, the idea that another Parliament, differently elected from the present, but still a third component part of the same system, and subject to the controul of the other two parts, will abolish those abuses, is altogether delusion; because it is not only impracticable on the ground of formality, but is unwisely exposing another set of men to the same corruptions that have tainted the present.

Were all the objects that require reform accomplishable by a mere reform in the state of the Representation, the persons who compose the present Parliament might, with rather more propriety, be asked to abolish all the abuses themselves, than be applied to as the more instruments of doing it by a future Parliament. If the virtue be wanting to abolish the abuse, it is also wanting to act as the means, and the nation must, from necessity, proceed by some other plan.

Having thus endeavoured to shew what the abject condition of Parliament is, and the impropriety of going a second time over the same ground that has before miscarried, I come to the remaining part of the subject.

There ought to be, in the constitution of every country, a mode of referring back, on any extraordinary occasion, to the sovereign and original constituent power, which is the nation itself. The right of altering any part of a Government, cannot, as already observed, reside in the Government, or that Government might make itself what it pleased.

It ought also to be taken for granted, that though a nation may feel inconveniences, either in the excess of taxation, or in the mode of expenditure, or in any thing else, it may not at first be sufficiently assured in what part of its government the defect lies, or where the evil originates. It may be supposed to be in one part, and on enquiry be found to be in another; or partly in all. This obscurity is naturally interwoven with what are called mixed Governments.

Be, however, the reform to be accomplished whatever it may, it can only follow in consequence of obtaining a full knowledge of all the causes that have rendered such reform necessary, and every thing short of this is guess-work or frivolous cunning. In this case, it cannot be supposed that any application to Parliament can bring forward this knowledge. That body is itself the supposed cause, or one of the supposed causes, of the abuses in question; and cannot be expected, and ought not to be asked, to give evidence against itself. The enquiry, therefore, which is of necessity the first step in the business, cannot be trusted to Parliament, but must be undertaken by a distinct body of men, separated from every suspicion of corruption or influence.

Instead, then, of referring to rotten Boroughs and absurd Corporations for Addresses, or hawking them about the country to be signed by a few dependant tenants, the real and effectual mode would be to come at once to the point, and to ascertain the sense of the nation by electing a National Convention. By this method, as already observed, the general WILL, whether to reform or not, or what the reform shall be, or how far it shall extend, will be known, and it cannot be known by any other means. Such a body, empowered and supported by the nation, will have authority to demand information upon all matters necessary to be en-quired into; and no Minister, nor any person, will dare to refuse it. It will then be seen whether seventeen millions of taxes are necessary, and for what purposes they are expended. The concealed Pensioners will then be obliged to unmask; and the source of influence and corruption, if any such there be, will be laid open to the nation, not for the purpose of revenge, but of redress.

By taking this public and national ground, all objections against partial Addresses on the one side, or private associations on the other, will be done away; THE NATION WILL DECLARE ITS OWN REFORMS; and the clamour about Party and Faction, or Ins or Outs, will become ridiculous.

The plan and organization of a convention is easy in practice.

In the first place, the number of inhabitants in every county can be sufficiently ascertained from the number of houses assessed to the House and Window-light tax in each county. This will give the rule for apportioning the number of Members to be elected to the National Convention in each of the counties.

If the total number of inhabitants in England be seven millions, and the total number of Members to be elected to the Convention be one thousand, the number of members to be elected in a county containing one hundred and fifty thousand inhabitants will be _twenty-one_, and in like proportion for any other county.

As the election of a Convention must, in order to ascertain the general sense of the nation, go on grounds different from that of Parliamentary elections, the mode that best promises this end will have no difficulties to combat with from absurd customs and pretended rights. The right of every man will be the same, whether he lives in a city, a town, or a village. The custom of attaching Rights to _place_, or in other words, to inanimate matter, instead of to the _person_, independently of place, is too absurd to make any part of a rational argument.

As every man in the nation, of the age of twenty-one years, pays taxes, either out of the property he possesses, or out of the product of his labor, which is property to him; and is amenable in his own person to every law of the land; so has every one the same equal right to vote, and no one part of the nation, nor any individual, has a right to dispute the right of another. The man who should do this ought to forfeit the exercise of his _own_ right, for a term of years. This would render the punishment consistent with the crime.

When a qualification to vote is regulated by years, it is placed on the firmest possible ground; because the qualification is such, as nothing but dying before the time can take away; and the equality of Rights, as a principle, is recognized in the act of regulating the exercise. But when Rights are placed upon, or made dependant upon property, they are on the most precarious of all tenures. "Riches make themselves wings, and fly away," and the rights fly with them; and thus they become lost to the man when they would be of most value.

It is from a strange mixture of tyranny and cowardice, that exclusions have been set up and continued. The boldness to do wrong at first, changes afterwards into cowardly craft, and at last into fear. The Representatives in England appear now to act as if they were afraid to do right, even in part, lest it should awaken the nation to a sense of all the wrongs it has endured. This case serves to shew, that the same conduct that best constitutes the safety of an individual, namely, a strict adherence to principle, constitutes also the safety of a Government, and that without it safety is but an empty name. When the rich plunder the poor of his rights, it becomes an example to the poor to plunder the rich of his property; for the rights of the one are as much property to him, as wealth is property to the other, and the _little all_ is as dear as the _much_. It is only by setting out on just principles that men are trained to be just to each other; and it will always be found, that when the rich protect the rights of the poor, the poor will protect the property of the rich. But the guarantee, to be effectual, must be parliamentarily reciprocal.

Exclusions are not only unjust, but they frequently operate as injuriously to the party who monopolizes, as to those who are excluded. When men seek to exclude others from participating in the exercise of any right, they should, at least, be assured, that they can effectually perform the whole of the business they undertake; for, unless they do this, themselves will be losers by the monopoly. This has been the case with respect to the monopolized right of Election. The monopolizing party has not been able to keep the Parliamentary Representation, to whom the power of taxation was entrusted, in the state it ought to have been, and have thereby multiplied taxes upon themselves equally with those who were excluded.

A great deal has been, and will continue to be said, about disqualifications, arising from the commission of offences; but were this subject urged to its full extent, it would disqualify a great number of the present Electors, together with their Representatives; for, of all offences, none are more destructive to the morals of Society than Bribery and Corruption. It is, therefore, civility to such persons to pass this subject over, and to give them a fair opportunity of recovering, or rather of creating character.

Every thing, in the present mode of electioneering in England, is the reverse of what it ought to be, and the vulgarity that attends elections is no other than the natural consequence of inverting the order of the system.

In the first place, the Candidate seeks the Elector, instead of the Elector seeking for a Representative; and the Electors are advertised as being in the interest of the Candidate, instead of the Candidate being in the interest of the Electors. The Candidate pays the Elector for his vote, instead of the Nation paying the Representative for his time and attendance on public business. The complaint for an undue election is brought by the Candidate, as if he, and not the Electors, were the party aggrieved; and he takes on himself, at any period of the election, to break it up, by declining, as if the election was in his right and not in theirs.

The compact that was entered into at the last Westminster election between two of the candidates (Mr. Fox and Lord Hood,) was an indecent violation of the principles of election. The Candidates assumed, in their own persons, the rights of the Electors; for, it was only in the body of the Electors, and not at all in the Candidates, that the right of making any such compact, or compromise, could exist. But the principle of Election and Representation is so completely done away, in every stage thereof, that inconsistency has no longer the power of surprising.

Neither from elections thus conducted, nor from rotten Borough Addressers, nor from County-meetings, promoted by Placemen and Pensioners, can the sense of the nation be known. It is still corruption appealing to itself. But a Convention of a thousand persons, fairly elected, would bring every matter to a decided issue.

As to County-meetings, it is only persons of leisure, or those who live near to the place of meeting, that can attend, and the number on such occasions is but like a drop in the bucket compared with the whole. The only consistent service which such meetings could render, would be that of apportioning the county into convenient districts, and when this is done, each district might, according to its number of inhabitants, elect its quota of County Members to the National Convention; and the vote of each Elector might be taken in the parish where he resided, either by ballot or by voice, as he should chuse to give it.

A National Convention thus formed, would bring together the sense and opinions of every part of the nation, fairly taken. The science of Government, and the interest of the Public, and of the several parts thereof, would then undergo an ample and rational discussion, freed from the language of parliamentary disguise.

But in all deliberations of this kind, though men have a right to reason with, and endeavour to convince each other, upon any matter that respects their common good, yet, in point of practice, the majority of opinions, when known, forms a rule for the whole, and to this rule every good citizen practically conforms.

Mr. Burke, as if he knew, (for every concealed Pensioner has the opportunity of knowing,) that the abuses acted under the present system, are too flagrant to be palliated, and that the majority of opinions, whenever such abuses should be made public, would be for a general and effectual reform, has endeavoured to preclude the event, by sturdily denying the right of a majority of a nation to act as a whole. Let us bestow a thought upon this case.

When any matter is proposed as a subject for consultation, it necessarily implies some mode of decision. Common consent, arising from absolute necessity, has placed this in a majority of opinions; because, without it, there can be no decision, and consequently no order. It is, perhaps, the only case in which mankind, however various in their ideas upon other matters, can consistently be unanimous; because it is a mode of decision derived from the primary original right of every individual concerned; _that_ right being first individually exercised in giving an opinion, and whether that opinion shall arrange with the minority or the majority, is a subsequent accidental thing that neither increases nor diminishes the individual original right itself. Prior to any debate, enquiry, or investigation, it is not supposed to be known on which side the majority of opinions will fall, and therefore, whilst this mode of decision secures to every one the right of giving an opinion, it admits to every one an equal chance in the ultimate event.

Among the matters that will present themselves to the consideration of a national convention, there is one, wholly of a domestic nature, but so marvellously loaded with con-fusion, as to appear at first sight, almost impossible to be reformed. I mean the condition of what is called Law.

But, if we examine into the cause from whence this confusion, now so much the subject of universal complaint, is produced, not only the remedy will immediately present itself, but, with it, the means of preventing the like case hereafter.

In the first place, the confusion has generated itself from the absurdity of every Parliament assuming to be eternal in power, and the laws partake in a similar manner, of this assumption. They have no period of legal or natural expiration; and, however absurd in principle, or inconsistent in practice many of them have become, they still are, if not especially repealed, considered as making a part of the general mass. By this means the body of what is called Law, is spread over a space of _several hundred years_, comprehending laws obsolete, laws repugnant, laws ridiculous, and every other kind of laws forgotten or remembered; and what renders the case still worse, is, that the confusion multiplies with the progress of time. (*)

To bring this misshapen monster into form, and to prevent its lapsing again into a wilderness state, only two things, and those very simple, are necessary.

The first is, to review the whole mass of laws, and to bring forward such only as are worth retaining, and let all the rest drop; and to give to the laws so brought forward a new era, commencing from the time of such reform.

* In the time of Henry IV. a law was passed making it felony "to multiply gold or silver, or to make use of the craft of multiplication," and this law remained two hundred and eighty-six years upon the statute books. It was then repealed as being ridiculous and injurious.--_Author_.

Secondly; that at the expiration of every twenty-one years (or any other stated period) a like review shall again be taken, and the laws, found proper to be retained, be again carried forward, commencing with that date, and the useless laws dropped and discontinued.

By this means there can be no obsolete laws, and scarcely such a thing as laws standing in direct or equivocal contradiction to each other, and every person will know the period of time to which he is to look back for all the laws in being.

It is worth remarking, that while every other branch of science is brought within some commodious system, and the study of it simplified by easy methods, the laws take the contrary course, and become every year more complicated, entangled, confused, and obscure.

Among the paragraphs which the Attorney General has taken from the _Rights of Man_, and put into his information, one is, that where I have said, "that with respect to regular law, there is _scarcely such a thing_."

As I do not know whether the Attorney-General means to show this expression to be libellous, because it is TRUE, or because it is FALSE, I shall make no other reply to him in this place, than by remarking, that if almanack-makers had not been more judicious than law-makers, the study of almanacks would by this time have become as abstruse as the study of the law, and we should hear of a library of almanacks as we now do of statutes; but by the simple operation of letting the obsolete matter drop, and carrying forward that only which is proper to be retained, all that is necessary to be known is found within the space of a year, and laws also admit of being kept within some given period.

I shall here close this letter, so far as it respects the Addresses, the Proclamation, and the Prosecution; and shall offer a few observations to the Society, styling itself "The Friends of the People."

That the science of government is beginning to be better understood than in former times, and that the age of fiction and political superstition, and of craft and mystery, is passing away, are matters which the experience of every day-proves to be true, as well in England as in other countries.

As therefore it is impossible to calculate the silent progress of opinion, and also impossible to govern a nation after it has changed its habits of thinking, by the craft or policy that it was governed by before, the only true method to prevent popular discontents and commotions is, to throw, by every fair and rational argument, all the light upon the subject that can possibly be thrown; and at the same time, to open the means of collecting the general sense of the nation; and this cannot, as already observed, be done by any plan so effectually as a national convention. Here individual opinion will quiet itself by having a centre to rest upon.

The society already mentioned, (which is made up of men of various descriptions, but chiefly of those called Foxites,) appears to me, either to have taken wrong grounds from want of judgment, or to have acted with cunning reserve. It is now amusing the people with a new phrase, namely, that of "a temperate and moderate reform," the interpretation of which is, _a continuance of the abuses as long as possible, If we cannot hold all let us hold some_.

Who are those that are frightened at reforms? Are the public afraid that their taxes should be lessened too much? Are they afraid that sinecure places and pensions should be abolished too fast? Are the poor afraid that their condition should be rendered too comfortable? Is the worn-out mechanic, or the aged and decayed tradesman, frightened at the prospect of receiving ten pounds a year out of the surplus taxes? Is the soldier frightened at the thoughts of his discharge, and three shillings per week during life? Is the sailor afraid that press-warrants will be abolished? The Society mistakes the fears of borough-mongers, placemen, and pensioners, for the fears of the people; and the _temperate and moderate Reform_ it talks of, is calculated to suit the condition of the former.

Those words, "temperate and moderate," are words either of political cowardice, or of cunning, or seduction.--A thing, moderately good, is not so good as it ought to be. Moderation in temper, is always a virtue; but moderation in principle, is a species of vice. But who is to be the judge of what is a temperate and moderate Reform? The Society is the representative of nobody; neither can the unrepresented part of the nation commit this power to those in Parliament, in whose election they had no choice; and, therefore, even upon the ground the Society has taken, recourse must be had to a National Convention.

The objection which Mr. Fox made to Mr. Grey's proposed Motion for a Parliamentary Reform was, that it contained no plan.--It certainly did not. But the plan very easily presents itself; and whilst it is fair for all parties, it prevents the dangers that might otherwise arise from private or popular discontent.

Thomas Paine.

Editorial Note on Burke's Alleged Secret Pension.--By reference to Vol. II., pp. 271, 360, of this work, it will be seen that Paine mentions a report that Burke was a "pensioner in a fictitious name." A letter of John Hall to a relative in Leicester, (London, May 1,1792.) says: "You will remember that there was a vote carried, about the conclusion of the American war, that the influence of the Crown had increased, was increasing, and should be diminished. Burke, poor, and like a good angler, baited a hook with a bill to bring into Parliament, that no pensions should be given above £300 a year, but what should be publicly granted, and for what, (I may not be quite particular.) To stop that he took in another person's name £1500 a year for life, and some time past he disposed of it, or sold his life out. He has been very still since his declension from the Whigs, and is not concerned in the slave-trade [question?] as I hear of." This letter, now in possession of Hall's kinsman, Dr. Dutton Steele of Philadelphia, contains an item not in Paine's account, which may have been derived from it. Hall was an English scientific engineer, and acquainted with intelligent men in London. Paine was rather eager for a judicial encounter with Burke, and probably expected to be sued by him for libel, as he (Burke) had once sued the "Public Advertiser" for a personal accusation. But Burke remained quiet under this charge, and Paine, outlawed, and in France, had no opportunity for summoning witnesses in its support. The biographers of Burke have silently passed over the accusation, and this might be fair enough were this unconfirmed charge made against a public man of stainless reputation in such matters. But though Burke escaped parliamentary censure for official corruption (May 16, 1783, by only 24 majority) he has never been vindicated. It was admitted that he had restored to office a cashier and an accountant dismissed for dishonesty by his predecessor. ("Pari. Hist.," xxiii., pp. 801,902.) He escaped censure by agreeing to suspend them. One was proved guilty, the other committed suicide. It was subsequently shown that one of the men had been an agent of the Burkes in raising India stock. (Dilke's "Papers of a Critic," ii-, p. 333--"Dict. Nat Biography": art Burke.) Paine, in his letter to the Attorney-General (IV. of this volume), charged that Burke had been a "masked pensioner" ten years. The date corresponds with a secret arrangement made in 1782 with Burke for a virtual pension to his son, for life, and his mother. Under date April 34 of that year, Burke, writing to William Burke at Madras, reports his appointment as Paymaster: "The office is to be 4000L. certain. Young Richard [his son] is the deputy with a salary of 500L. The office to be reformed according to the Bill. There is enough emoluments. In decency it could not be more. Something considerable is also to be secured for the life of young Richard to be a security for him and his mother."("Mem. and Cor. of Charles James Fox," i., p. 451.) It is thus certain that the Rockingham Ministry were doing for the Paymaster all they could "in decency," and that while posing as a reformer in reducing the expenses of that office, he was arranging for secret advantages to his family. It is said that the arrangement failed by his loss of office, but while so many of Burke's papers are withheld from the public (if not destroyed), it cannot be certain that something was not done of the kind charged by Paine. That Burke was not strict in such matters is further shown by his efforts to secure for his son the rich sinecure of the Clerkship of the Polls, in which he failed. Burke was again Paymaster in 1783-4, and this time remained long enough in office to repeat more successfully his secret attempts to secure irregular pensions for his family. On April 7, 1894, Messrs. Sotheby, Wilkinson, and Hodge sold in London (Lot 404) a letter of Burke (which I have not seen in print), dated July 16, 1795. It was written to the Chairman of the Commission on Public Accounts, who had required him to render his accounts for the time he was in office as Paymaster-General, 1783-4. Burke refuses to do so in four angry and quibbling pages, and declares he will appeal to his country against the demand if it is pressed. Why should Burke wish to conceal his accounts? There certainly were suspicions around Burke, and they may have caused Pitt to renounce his intention, conveyed to Burke, August 30, 1794, of asking Parliament to bestow on him a pension. "It is not exactly known," says one of Burke's editors, "what induced Mr. Pitt to decline bringing before Parliament a measure which he had himself proposed without any solicitation whatever on the part of Burke." (Burke's "Works," English Ed., 1852, ii., p. 252.) The pensions were given without consultation with Parliament--1200L. granted him by the King from the Civil List, and 2500L. by Pitt in West Indian 41/2 per cents. Burke, on taking his seat beside Pitt in the great Paine Parliament (December, 1792), had protested that he had not abandoned his party through expectation of a pension, but the general belief of those with whom he had formerly acted was that he had been promised a pension. A couplet of the time ran:

"A pension makes him change his plan, And loudly damn the rights of man."

Writing in 1819, Cobbett says: "As my Lord Grenville introduced the name of Burke, suffer me, my Lord, to introduce the name of the man [Paine] who put this Burke to shame, who drove him off the public stage to seek shelter in the Pension List, and who is now named fifty million times where the name of the pensioned Burke is mentioned once."-- _Editor._

X. ADDRESS TO THE PEOPLE OF FRANCE.

Paris, Sept. 25, [1792.] First Year of the Republic.

Fellow Citizens,

I RECEIVE, with affectionate gratitude, the honour which the late National Assembly has conferred upon me, by adopting me a Citizen of France: and the additional honor of being elected by my fellow citizens a Member of the National Convention.(1) Happily impressed, as I am, by those testimonies of respect shown towards me as an individual, I feel my felicity increased by seeing the barrier broken down that divided patriotism by spots of earth, and limited citizenship to the soil, like vegetation.

Had those honours been conferred in an hour of national tranquillity, they would have afforded no other means of shewing my affection, than to have accepted and enjoyed them; but they come accompanied with circumstances that give me the honourable opportunity of commencing my citizenship in the stormy hour of difficulties. I come not to enjoy repose. Convinced that the cause of France is the cause of all mankind, and that liberty cannot be purchased by a wish, I gladly share with you the dangers and honours necessary to success.

1 The National Assembly (August 26, 1792) conferred the title of "French Citizen" on "Priestley, Payne, Bentham, Wilberforce, Clarkson, Mackintosh, Campe, Cormelle, Paw, David Williams, Gorani, Anacharsis Clootz, Pestalozzi, Washington, Hamilton, Madison, Klopstoc, Kosciusko, Gilleers."--_Editor._. vol ni--7

I am well aware that the moment of any great change, such as that accomplished on the 10th of August, is unavoidably the moment of terror and confusion. The mind, highly agitated by hope, suspicion and apprehension, continues without rest till the change be accomplished. But let us now look calmly and confidently forward, and success is certain. It is no longer the paltry cause of kings, or of this, or of that individual, that calls France and her armies into action. It is the great cause of all. It is the establishment of a new aera, that shall blot despotism from the earth, and fix, on the lasting principles of peace and citizenship, the great Republic of Man.

It has been my fate to have borne a share in the commencement and complete establishment of one Revolution, (I mean the Revolution of America.) The success and events of that Revolution are encouraging to us. The prosperity and happiness that have since flowed to that country, have amply rewarded her for all the hardships she endured and for all the dangers she encountered.

The principles on which that Revolution began, have extended themselves to Europe; and an over-ruling Providence is regenerating the Old World by the principles of the New. The distance of America from all the other parts of the globe, did not admit of her carrying those principles beyond her own situation. It is to the peculiar honour of France, that she now raises the standard of liberty for all nations; and in fighting her own battles, contends for the rights of all mankind.

The same spirit of fortitude that insured success to America; will insure it to France, for it is impossible to conquer a nation determined to be free! The military circumstances that now unite themselves to France, are such as the despots of the earth know nothing of, and can form no calculation upon. They know not what it is to fight against a nation; they have only been accustomed to make war upon each other, and they know, from system and practice, how to calculate the probable success of despot against despot; and here their knowledge and their experience end.

But in a contest like the present a new and boundless variety of circumstances arise, that deranges all such customary calculations. When a whole nation acts as an army, the despot knows not the extent of the power against which he contends. New armies arise against him with the necessity of the moment. It is then that the difficulties of an invading enemy multiply, as in the former case they diminished; and he finds them at their height when he expected them to end.

The only war that has any similarity of circumstances with the present, is the late revolution war in America. On her part, as it now is in France, it was a war of the whole nation:--there it was that the enemy, by beginning to conquer, put himself in a condition of being conquered. His first victories prepared him for defeat. He advanced till he could not retreat, and found himself in the midst of a nation of armies.

Were it now to be proposed to the Austrians and Prussians, to escort them into the middle of France, and there leave them to make the most of such a situation, they would see too much into the dangers of it to accept the offer, and the same dangers would attend them, could they arrive there by any other means. Where, then, is the military policy of their attempting to obtain, by force, that which they would refuse by choice? But to reason with despots is throwing reason away. The best of arguments is a vigorous preparation.

Man is ever a stranger to the ways by which Providence regulates the order of things. The interference of foreign despots may serve to introduce into their own enslaved countries the principles they come to oppose. Liberty and Equality are blessings too great to be the inheritance of France alone. It is an honour to her to be their first champion; and she may now say to her enemies, with a mighty voice, "O! ye Austrians, ye Prussians! ye who now turn your bayonets against us, it is for you, it is for all Europe, it is for all mankind, and not for France alone, that she raises the standard of Liberty and Equality!"

The public cause has hitherto suffered from the contradictions contained in the Constitution of the Constituent Assembly. Those contradictions have served to divide the opinions of individuals at home, and to obscure the great principles of the Revolution in other countries. But when those contradictions shall be removed, and the Constitution be made conformable to the declaration of Rights; when the bagatelles of monarchy, royalty, regency, and hereditary succession, shall be exposed, with all their absurdities, a new ray of light will be thrown over the world, and the Revolution will derive new strength by being universally understood.

The scene that now opens itself to France extends far beyond the boundaries of her own dominions. Every nation is becoming her colleague, and every court is become her enemy. It is now the cause of all nations, against the cause of all courts. The terror that despotism felt, clandestinely begot a confederation of despots; and their attack upon France was produced by their fears at home.

In entering on this great scene, greater than any nation has yet been called to act in, let us say to the agitated mind, be calm. Let us punish by instructing, rather than by revenge. Let us begin the new ara by a greatness of friendship, and hail the approach of union and success.

Your Fellow-Citizen,

Thomas Paine.

XI. ANTI-MONARCHAL ESSAY. FOR THE USE OF NEW REPUBLICANS.(1)

When we reach some great good, long desired, we begin by felicitating ourselves. We triumph, we give ourselves up to this joy without rendering to our minds any full account of our reasons for it. Then comes reflexion: we pass in review all the circumstances of our new happiness; we compare it in detail with our former condition; and each of these thoughts becomes a fresh enjoyment. This satisfaction, elucidated and well-considered, we now desire to procure for our readers.

In seeing Royalty abolished and the Republic established, all France has resounded with unanimous plaudits.(2) Yet, Citizen President: In the name of the Deputies of the Department of the Pas de Calais, I have the honor of presenting to the Convention the felicitations of the General Council of the Commune of Calais on the abolition of Royalty.

1 Translated for this work from Le Patriote François, "Samedi 20 Octobre, 1793, l'an Ier de la République. Supplement au No. 1167," in the Bibliothèque Nationale, Paris. It is headed, "Essai anti-monarchique, à l'usage des nouveaux républicains, tiré de la Feuille Villageoise." I have not found this Feuille, but no doubt Brissot, in editing the essay for his journal (Le Patriote François) abridged it, and in one instance Paine is mentioned by name. Although in this essay Paine occasionally repeats sentences used elsewhere, and naturally maintains his well-known principles, the work has a peculiar interest as indicating the temper and visions of the opening revolution.--_Editor._

2 Royalty was abolished by the National Convention on the first day of its meeting, September 21, 1792, the revolutionary Calendar beginning next day. Paine was chosen by his fellow-deputies of Calais to congratulate the Convention, and did so in a brief address, dated October 27, which was loaned by M. Charavay to the Historical Exposition of the Revolution at Paris, 1889, where I made the subjoined translation: "folly of oar ancestor», who have placed us under the necessity of treating gravely (solennellement) the abolition of a phantom (fantôme).--Thomas Paine, Deputy."-- _Editor._

Amid the joy inspired by this event, one cannot forbear some pain at the some who clap their hands do not sufficiently understand the condition they are leaving or that which they are assuming.

The perjuries of Louis, the conspiracies of his court, the wildness of his worthy brothers, have filled every Frenchman with horror, and this race was dethroned in their hearts before its fall by legal decree. But it is little to throw down an idol; it is the pedestal that above all must be broken down; it is the regal office rather than the incumbent that is murderous. All do not realize this.

Why is Royalty an absurd and detestable government? Why is the Republic a government accordant with nature and reason? At the present time a Frenchman should put himself in a position to answer these two questions clearly. For, in fine, if you are free and contented it is yet needful that you should know why.

Let us first discuss Royalty or Monarchy. Although one often wishes to distinguish between these names, common usage gives them the same sense.

ROYALTY.

Bands of brigands unite to subvert a country, place it under tribute, seize its lands, enslave its inhabitants. The expedition completed, the chieftain of the robbers adopts the title of monarch or king. Such is the origin of Royalty among all tribes--huntsmen, agriculturists, shepherds.

A second brigand arrives who finds it equitable to take away by force what was conquered by violence: he dispossesses the first; he chains him, kills him, reigns in his place. Ere long time effaces the memory of this origin; the successors rule under a new form; they do a little good, from policy; they corrupt all who surround them; they invent fictitious genealogies to make their families sacred (1); the knavery of priests comes to their aid; they take Religion for a life-guard: thenceforth tyranny becomes immortal, the usurped power becomes an hereditary right.

1 The Boston Investigator's compilation of Paine's Works contains the following as supposed to be Mr. Paine's:

"Royal Pedigree.--George the Third, who was the grandson of George the Second, who was the son of George the First, who was the son of the Princess Sophia, who was the cousin of Anne, who was the sister of William and Mary, who were the daughter and son-in-law of James the Second, who was the son of Charles the First, who was a traitor to his country and decapitated as such, who was the son of James the First, who was the son of Mary, who was the sister of Edward the Sixth, who was the son of Henry the Eighth, who was the coldblooded murderer of his wives, and the promoter of the Protestant religion, who was the son of Henry the Seventh, who slew Richard the Third, who smothered his nephew Edward the Fifth, who was the son of Edward the Fourth, who with bloody Richard slew Henry the Sixth, who succeeded Henry the Fifth, who was the son of Henry the Fourth, who was the cousin of Richard the Second, who was the son of Edward the Third, who was the son of Richard the Second, who was the son of Edward the First, who was the son of Henry the Third, who was the son of John, who was the brother of Richard the First, who was the son of Henry the Second, who was the son of Matilda, who was the daughter of Henry the First, who was the brother of William Rufus, who was the son of William the Conqueror, who was the son of a whore."--_Editor._

The effects of Royalty have been entirely harmonious with its origin. What scenes of horror, what refinements of iniquity, do the annals of monarchies present! If we should paint human nature with a baseness of heart, an hypocrisy, from which all must recoil and humanity disavow, it would be the portraiture of kings, their ministers and courtiers.

And why should it not be so? What should such a monstrosity produce but miseries and crimes? What is monarchy? It has been finely disguised, and the people familiarized with the odious title: in its real sense the word signifies _the absolute power of one single individual_, who may with impunity be stupid, treacherous, tyrannical, etc. Is it not an insult to nations to wish them so governed?

Government by a single individual is vicious in itself, independently of the individual's vices. For however little a State, the prince is nearly always too small: where is the proportion between one man and the affairs of a whole nation?

True, some men of genius have been seen under the diadem; but the evil is then even greater: the ambition of such a man impels him to conquest and despotism, his subjects soon have to lament his glory, and sing their _Te-deums_ while perishing with hunger. Such is the history of Louis XIV. and so many others.

But if ordinary men in power repay you with incapacity or with princely vices? But those who come to the front in monarchies are frequently mere mean mischief-makers, commonplace knaves, petty intriguers, whose small wits, which in courts reach large places, serve only to display their ineptitude in public, as soon as they appear. (*) In short, monarchs do nothing, and their ministers do evil: this is the history of all monarchies.

But if Royalty as such is baneful, as hereditary succession it is equally revolting and ridiculous. What! there exists among my kind a man who pretends that he is born to govern me? Whence derived he such right? From his and my ancestors, says he. But how could they transmit to him a right they did not possess? Man has no authority over generations unborn. I cannot be the slave of the dead, more than of the living. Suppose that instead of our posterity, it was we who should succeed ourselves: we should not to-day be able to despoil ourselves of the rights which would belong to us in our second life: for a stronger reason we cannot so despoil others.

An hereditary crown! A transmissible throne! What a notion! With even a little reflexion, can any one tolerate it? Should human beings then be the property of certain individuals, born or to be born? Are we then to treat our descendants in advance as cattle, who shall have neither will nor rights of their own? To inherit government is to inherit peoples, as if they were herds. It is the basest, the most shameful fantasy that ever degraded mankind.

It is wrong to reproach kings with their ferocity, their brutal indifference, the oppressions of the people, and molestations of citizens: it is hereditary succession that makes them what they are: this breeds monsters as a marsh breeds vipers.

* J. J. Rousseau, Contrat Social.--Author.

The logic on which the hereditary prince rests is in effect this: I derive my power from my birth; I derive my birth from God; therefore I owe nothing to men. It is little that he has at hand a complacent minister, he continues to indulge, conscientiously, in all the crimes of tyranny. This has been seen in all times and countries.

Tell me, then, what is there in common between him who is master of a people, and the people of whom he is master? Are these masters really of their kind? It is by sympathy that we are good and human: with whom does a monarch sympathize? When my neighbor suffers I pity, because I put myself in his place: a monarch pities none, because he has never been, can never be, in any other place than his own.

A monarch is an egoist by nature, the _egoist par excellence_. A thousand traits show that this kind of men have no point of contact with the rest of humanity. There was demanded of Charles II. the punishment of Lauderdale, his favorite, who had infamously oppressed the Scotch. "Yes," said Charles coolly, "this man has done much against the Scotch, but I cannot see that he has done anything against my interests." Louis XIV. often said: "If I follow the wishes of the people, I cannot act the king." Even such phrases as "misfortunes of the State," "safety of the State," filled Louis XIV. with wrath.

Could nature make a law which should assure virtue and wisdom invariably in these privileged castes that perpetuate themselves on thrones, there would be no objection to their hereditary succession. But let us pass Europe in review: all of its monarchs are the meanest of men. This one a tyrant, that one an imbecile, another a traitor, the next a debauchee, while some muster all the vices. It looks as if fate and nature had aimed to show our epoch, and all nations, the absurdity and enormity of Royalty.

But I mistake: this epoch has nothing peculiar. For, such is the essential vice of this royal succession by animal filiation, the peoples have not even the chances of nature,--they cannot even hope for a good prince as an alternative. All things conspire to deprive of reason and justice an individual reared to command others. The word of young Dionysius was very sensible: his father, reproaching him for a shameful action, said, "Have I given thee such example?" "Ah," answered the youth, "thy father was not a king!"

In truth, were laughter on such a subject permissible, nothing would suggest ideas more burlesque than this fantastic institution of hereditary kings. Would it not be believed, to look at them, that there really exist particular lineages possessing certain qualities which enter the blood of the embryo prince, and adapt him physically for royalty, as a horse for the racecourse? But then, in this wild supposition, it yet becomes necessary to assure the genuine family descent of the heir presumptive. To perpetuate the noble race of Andalusian chargers, the circumstances pass before witnesses, and similar precautions seem necessary, however indecent, to make sure that the trickeries of queens shall not supply thrones with bastards, and that the kings, like the horses, shall always be thoroughbreds.

Whether one jests or reasons, there is found in this idea of hereditary royalty only folly and shame. What then is this office, which may be filled by infants or idiots? Some talent is required to be a simple workman; to be a king there is need to have only the human shape, to be a living automaton. We are astonished when reading that the Egyptians placed on the throne a flint, and called it their king. We smile at the dog Barkouf, sent by an Asiatic despot to govern one of his provinces.(*) But mon-archs of this kind are less mischievous and less absurd than those before whom whole peoples prostrate themselves. The flint and the dog at least imposed on nobody. None ascribed to them qualities or characters they did not possess. They were not styled 'Father of the People,'--though this were hardly more ridiculous than to give that title to a rattle-head whom inheritance crowns at eighteen. Better a mute than an animate idol. Why, there can hardly be cited an instance of a great man having children worthy of him, yet you will have the royal function pass from father to son! As well declare that a wise man's son will be wise. A king is an administrator, and an hereditary administrator is as absurd as an author by birthright.

* See the first year of La Feuille Villageoise, No. 42.-- Author. [Cf. Montaigne's Essays, chap. xii.--_Editor._]

Royalty is thus as contrary to common sense as to com-mon right. But it would be a plague even if no more than an absurdity; for a people who can bow down in honor of a silly thing is a debased people. Can they be fit for great affairs who render equal homage to vice and virtue, and yield the same submission to ignorance and wisdom? Of all institutions, none has caused more intellectual degeneracy. This explains the often-remarked abjectness of character under monarchies.

Such is also the effect of this contagious institution that it renders equality impossible, and draws in its train the presumption and the evils of "Nobility." If you admit inheritance of an office, why not that of a distinction? The Nobility's heritage asks only homage, that of the Crown commands submission. When a man says to me, 'I am born illustrious,' I merely smile; when he says 'I am born your master,' I set my foot on him.

When the Convention pronounced the abolition of Royalty none rose for the defence that was expected. On this subject a philosopher, who thought discussion should always precede enactment, proposed a singular thing; he desired that the Convention should nominate an orator commissioned to plead before it the cause of Royalty, so that the pitiful arguments by which it has in all ages been justified might appear in broad daylight. Judges give one accused, however certain his guilt, an official defender. In the ancient Senate of Venice there existed a public officer whose function was to contest all propositions, however incontestible, or however perfect their evidence. For the rest, pleaders for Royalty are not rare: let us open them, and see what the most specious of royalist reasoners have said.

1. _A king is necessary to preserve a people from the tyranny of powerful men_.

Establish the Rights of Man(1); enthrone Equality; form a good Constitution; divide well its powers; let there be no privileges, no distinctions of birth, no monopolies; make safe the liberty of industry and of trade, the equal distribution of [family] inheritances, publicity of administration, freedom of the press: these things all established, you will be assured of good laws, and need not fear the powerful men. Willingly or unwillingly, all citizens will be under the Law.

1 The reader should bear in mind that this phrase, now used vaguely, had for Paine and his political school a special significance; it implied a fundamental Declaration of individual rights, of supreme force and authority, invasion which, either by legislatures, law courts, majorities, or administrators, was to be regarded as the worst treason and despotism.--_Editor._

2. _The Legislature might usurp authority, and a king is needed to restrain it_.

With representatives, frequently renewed, who neither administer nor judge, whose functions are determined by the laws; with national conventions, with primary assemblies, which can be convoked any moment; with a people knowing how to read, and how to defend itself; with good journals, guns, and pikes; a Legislature would have a good deal of trouble in enjoying any months of tyranny. Let us not suppose an evil for the sake of its remedy.

3. _A king is needed to give force to executive power_.

This might be said while there existed nobles, a priesthood, parliaments, the privileged of every kind. But at present who can resist the Law, which is the will of all, whose execution is the interest of all? On the contrary the existence of an hereditary prince inspires perpetual distrust among the friends of liberty; his authority is odious to them; in checking despotism they constantly obstruct the action of government. Observe how feeble the executive power was found, after our recent pretence of marrying Royalty with Liberty.

Take note, for the rest, that those who talk in this way are men who believe that the King and the Executive Power are only one and the same thing: readers of _La Feuille Villageoise_ are more advanced.(*)

* See No. 50.--_Author_

Others use this bad reasoning: "Were there no hereditary chief there would be an elective chief: the citizens would side with this man or that, and there would be a civil war at every election." In the first place, it is certain that hereditary succession alone has produced the civil wars of France and England; and that beyond this are the pre-tended rights, of royal families which have twenty times drawn on these nations the scourge of foreign wars. It is, in fine, the heredity of crowns that has caused the troubles of Regency, which Thomas Paine calls Monarchy at nurse.

But above all it must be said, that if there be an elective chief, that chief will not be a king surrounded by courtiers, burdened with pomp, inflated by idolatries, and endowed with thirty millions of money; also, that no citizen will be tempted to injure himself by placing another citizen, his equal, for some years in an office without limited income and circumscribed power.

In a word, whoever demands a king demands an aristocracy, and thirty millions of taxes. See why Franklin described Royalism as _a crime like poisoning_.

Royalty, its fanatical eclat, its superstitious idolatry, the delusive assumption of its necessity, all these fictions have been invented only to obtain from men excessive taxes and voluntary servitude. Royalty and Popery have had the same aim, have sustained themselves by the same artifices, and crumble under the same Light.

XII. TO THE ATTORNEY GENERAL, ON THE PROSECUTION AGAINST THE SECOND PART OF RIGHTS OF MAN.(1)

Paris, 11th of November, 1st Year of the Republic. [1792.]

Mr. Attorney General:

Sir,--As there can be no personal resentment between two strangers, I write this letter to you, as to a man against whom I have no animosity.

You have, as Attorney General, commenced a prosecution against me, as the author of Rights of Man. Had not my duty, in consequence of my being elected a member of the National Convention of France, called me from England, I should have staid to have contested the injustice of that prosecution; not upon my own account, for I cared not about the prosecution, but to have defended the principles I had advanced in the work.

1 Read to the Jury by the Attorney General, Sir Archibald Macdonald, at the trial of Paine, December 18, 1792, which resulted in his outlawry.--_Editor._

The duty I am now engaged in is of too much importance to permit me to trouble myself about your prosecution: when I have leisure, I shall have no objection to meet you on that ground; but, as I now stand, whether you go on with the prosecution, or whether you do not, or whether you obtain a verdict, or not, is a matter of the most perfect indifference to me as an individual. If you obtain one, (which you are welcome to if you can get it,) it cannot affect me either in person, property, or reputation, otherwise than to increase the latter; and with respect to yourself, it is as consistent that you obtain a verdict against the Man in the Moon as against me; neither do I see how you can continue the prosecution against me as you would have done against one _your own people, who_ had absented himself because he was prosecuted; what passed at Dover proves that my departure from England was no secret. (1)

My necessary absence from your country affords the opportunity of knowing whether the prosecution was intended against Thomas Paine, or against the Right of the People of England to investigate systems and principles of government; for as I cannot now be the object of the prosecution, the going on with the prosecution will shew that something else was the object, and that something else can be no other than the People of England, for it is against _their Rights_, and not against me, that a verdict or sentence can operate, if it can operate at all. Be then so candid as to tell the Jury, (if you choose to continue the process,) whom it is you are prosecuting, and on whom it is that the verdict is to fall.(2)

But I have other reasons than those I have mentioned for writing you this letter; and, however you may choose to interpret them, they proceed from a good heart. The time, Sir, is becoming too serious to play with Court prosecutions, and sport with national rights. The terrible examples that have taken place here, upon men who, less than a year ago, thought themselves as secure as any prosecuting Judge, Jury, or Attorney General, now can in England, ought to have some weight with men in your situation. That the government of England is as great, if not the greatest, perfection of fraud and corruption that ever took place since governments began, is what you cannot be a stranger to, unless the constant habit of seeing it has blinded your senses; but though you may not chuse to see it, the people are seeing it very fast, and the progress is beyond what you may chuse to believe. Is it possible that you, or I, can believe, or that reason can make any other man believe, that the capacity of such a man as Mr. Guelph, or any of his profligate sons, is necessary to the government of a nation? I speak to you as one man ought to speak to another; and I know also that I speak what other people are beginning to think.

1 See Chapter VIII. of this volume.--_Editor._

2 In reading the letter in court the Attorney General said at this point: "Gentlemen, I certainly will comply with this request. I am prosecuting both him and his work; and if I succeed in this prosecution, he shall never return to this country otherwise than _in vintulis_, for I will outlaw him."--_Editor._

That you cannot obtain a verdict (and if you do, it will signify nothing) _without packing a Jury_, (and we _both_ know that such tricks are practised,) is what I have very good reason to believe, I have gone into coffee-houses, and places where I was unknown, on purpose to learn the currency of opinion, and I never yet saw any company of twelve men that condemned the book; but I have often found a greater number than twelve approving it, and this I think is _a fair way of collecting the natural currency of opinion_. Do not then, Sir, be the instrument of drawing twelve men into a situation that may be _injurious_ to them afterwards. I do not speak this from policy, but from benevolence; but if you chuse to go on with the process, I make it my request to you that you will read this letter in Court, after which the Judge and the Jury may do as they please. As I do not consider myself the object of the prosecution, neither can I be affected by the issue, one way or the other, I shall, though a foreigner in your country, subscribe as much money as any other man towards supporting the right of the nation against the prosecution; and it is for this purpose only that I shall do it.(1)

Thomas Paine.

As I have not time to copy letters, you will excuse the corrections.

1 In reading this letter at the trial the Attorney interspersed comments. At the phrase, "Mr. Guelph and his profligate sons," he exclaimed: "This passage is contemptuous, scandalous, false, cruel. Why, gentlemen, is Mr. Paine, in addition to the political doctrines he is teaching us in this country, to teach us the morality and religion of implacability? Is he to teach human creatures, whose moments of existence depend upon the permission of a Being, merciful, long-suffering, and of great goodness, that those youthful errors from which even royalty is not exempted, are to be treasured up in a vindictive memory, and are to receive sentence of irremissible sin at His hands.... If giving me pain was his object he has that hellish gratification." Erskine, Fame's counsel, protested in advance against the reading of this letter (of which he had heard), as containing matter likely to divert the Jury from the subject of prosecution (the book). Lord Kenyon admitted the letter.--_Editor._

P. S. I intended, had I staid in England, to have published the information, with my remarks upon it, before the trial came on; but as I am otherwise engaged, I reserve myself till the trial is over, when I shall reply fully to every thing you shall advance.

XIII. ON THE PROPRIETY OF BRINGING LOUIS XVI. TO TRIAL.(1)

Read to the Convention, November 21, 1792.

Paris, Nov. 20, 1792.

Citizen President,

As I do not know precisely what day the Convention will resume the discussion on the trial of Louis XVI., and, on account of my inability to express myself in French, I cannot speak at the tribune, I request permission to deposit in your hands the enclosed paper, which contains my opinion on that subject. I make this demand with so much more eagerness, because circumstances will prove how much it imports to France, that Louis XVI. should continue to enjoy good health. I should be happy if the Convention would have the goodness to hear this paper read this morning, as I propose sending a copy of it to London, to be printed in the English journals.(2)

Thomas Paine.

1 This address, which has suffered by alterations in all editions is here revised and completed by aid of the official document: "Opinion de Thomas Payne, Depute du Département de la Somme [error], concernant le jugement de Louis XVI. Précédé par sa lettre d'envoi au Président de la Convention. Imprimé par ordre de la Convention Nationale. À Paris. De l'Imprimerie Nationale." Lamartine has censured Paine for this speech; but the trial of the King was a foregone conclusion, and it will be noted that Paine was already trying to avert popular wrath from the individual man by directing it against the general league of monarchs, and the monarchal system. Nor would his plea for the King's life have been listened to but for this previous address.-- _Editor._

2 Of course no English journal could then venture to print it.--_Editor._

A Secretary read the opinion of Thomas Paine. I think it necessary that Louis XVI. should be tried; not that this advice is suggested by a spirit of vengeance, but because this measure appears to me just, lawful, and conformable to sound policy. If Louis is innocent, let us put him to prove his innocence; if he is guilty, let the national will determine whether he shall be pardoned or punished.

But besides the motives personal to Louis XVI., there are others which make his trial necessary. I am about to develope these motives, in the language which I think expresses them, and no other. I forbid myself the use of equivocal expression or of mere ceremony. There was formed among the crowned brigands of Europe a conspiracy which threatened not only French liberty, but likewise that of all nations. Every thing tends to the belief that Louis XVI. was the partner of this horde of conspirators. You have this man in your power, and he is at present the only one of the band of whom you can make sure. I consider Louis XVI. in the same point of view as the two first robbers taken up in the affair of the Store Room; their trial led to discovery of the gang to which they belonged. We have seen the unhappy soldiers of Austria, of Prussia, and the other powers which declared themselves our enemies, torn from their fire-sides, and drawn to butchery like wretched animals, to sustain, at the cost of their blood, the common cause of these crowned brigands. They loaded the inhabitants of those regions with taxes to support the expenses of the war. All this was not done solely for Louis XVI. Some of the conspirators have acted openly: but there is reason to presume that this conspiracy is composed of two classes of brigands; those who have taken up arms, and those who have lent to their cause secret encouragement and clandestine assistance. Now it is indispensable to let France and the whole world know all these accomplices.

A little time after the National Convention was constituted, the Minister for Foreign Affairs presented the picture of all the governments of Europe,--those whose hostilities were public, and those that acted with a mysterious circumspection. This picture supplied grounds for just suspicions of the part the latter were disposed to take, and since then various circumstances have occurred to confirm those suspicions. We have already penetrated into some part of the conduct of Mr. Guelph, Elector of Hanover, and strong presumptions involve the same man, his court and ministers, in quality of king of England. M. Calonne has constantly been favoured with a friendly reception at that court.(1) The arrival of Mr. Smith, secretary to Mr. Pitt, at Coblentz, when the emigrants were assembling there; the recall of the English ambassador; the extravagant joy manifested by the court of St. James' at the false report of the defeat of Dumouriez, when it was communicated by Lord Elgin, then Minister of Great Britain at Brussels--all these circumstances render him [George III.] extremely suspicious; the trial of Louis XVI. will probably furnish more decisive proofs.

The long subsisting fear of a revolution in England, would alone, I believe, prevent that court from manifesting as much publicity in its operations as Austria and Prussia. Another reason could be added to this: the inevitable decrease of credit, by means of which alone all the old governments could obtain fresh loans, in proportion as the probability of revolutions increased. Whoever invests in the new loans of such governments must expect to lose his stock.

Every body knows that the Landgrave of Hesse fights only as far as he is paid. He has been for many years in the pay of the court of London. If the trial of Louis XVI. could bring it to light, that this detestable dealer in human flesh has been paid with the produce of the taxes imposed on the English people, it would be justice to that nation to disclose that fact. It would at the same time give to France an exact knowledge of the character of that court, which has not ceased to be the most intriguing in Europe, ever since its connexion with Germany.

1 Calonne (1734-1802), made Controller General of the Treasury in 1783, lavished the public money on the Queen, on courtiers, and on himself (purchasing St. Cloud and Rambouillet), borrowing vast sums and deceiving the King as to the emptiness of the Treasury, the annual deficit having risen in 1787 to 115 millions of francs. He was then banished to Lorraine, whence he proceeded to England, where he married the wealthy widow Haveley. By his agency for the Coblentz party he lost his fortune. In 1802 Napoleon brought him back from London to Paris, where he died the same year. --_Editor._

Louis XVI., considered as an individual, is an object beneath the notice of the Republic; but when he is looked upon as a part of that band of conspirators, as an accused man whose trial may lead all nations in the world to know and detest the disastrous system of monarchy, and the plots and intrigues of their own courts, he ought to be tried.

If the crimes for which Louis XVI. is arraigned were absolutely personal to him, without reference to general conspiracies, and confined to the affairs of France, the plea of inviolability, that folly of the moment, might have been urged in his behalf with some appearance of reason; but he is arraigned not only for treasons against France, but for having conspired against all Europe, and if France is to be just to all Europe we ought to use every means in our power to discover the whole extent of that conspiracy. France is now a republic; she has completed her revolution; but she cannot earn all its advantages so long as she is surrounded with despotic governments. Their armies and their marine oblige her also to keep troops and ships in readiness. It is therefore her immediate interest that all nations shall be as free as herself; that revolutions shall be universal; and since the trial of Louis XVI. can serve to prove to the world the flagitiousness of governments in general, and the necessity of revolutions, she ought not to let slip so precious an opportunity.

The despots of Europe have formed alliances to preserve their respective authority, and to perpetuate the oppression of peoples. This is the end they proposed to themselves in their invasion of French territory. They dread the effect of the French revolution in the bosom of their own countries; and in hopes of preventing it, they are come to attempt the destruction of this revolution before it should attain its perfect maturity. Their attempt has not been attended with success. France has already vanquished their armies; but it remains for her to sound the particulars of the conspiracy, to discover, to expose to the eyes of the world, those despots who had the infamy to take part in it; and the world expects from her that act of justice.

These are my motives for demanding that Louis XVI. be judged; and it is in this sole point of view that his trial appears to me of sufficient importance to receive the attention of the Republic.

As to "inviolability," I would not have such a word mentioned. If, seeing in Louis XVI. only a weak and narrow-minded man, badly reared, like all his kind, given, as it is said, to frequent excesses of drunkenness--a man whom the National Assembly imprudently raised again on a throne for which he was not made--he is shown hereafter some compassion, it shall be the result of the national magnanimity, and not the burlesque notion of a pretended "inviolability."

Thomas Paine.

XIV. REASONS FOR PRESERVING THE LIFE OF LOUIS CAPET,

As Delivered to the National Convention, January 15, 1703.(1)

Citizen President,

My hatred and abhorrence of monarchy are sufficiently known: they originate in principles of reason and conviction, nor, except with life, can they ever be extirpated; but my compassion for the unfortunate, whether friend or enemy, is equally lively and sincere.

I voted that Louis should be tried, because it was necessary to afford proofs to the world of the perfidy, corruption, and abomination of the monarchical system. The infinity of evidence that has been produced exposes them in the most glaring and hideous colours; thence it results that monarchy, whatever form it may assume, arbitrary or otherwise, becomes necessarily a centre round which are united every species of corruption, and the kingly trade is no less destructive of all morality in the human breast, than the trade of an executioner is destructive of its sensibility. I remember, during my residence in another country, that I was exceedingly struck with a sentence of M. Autheine, at the Jacobins [Club], which corresponds exactly with my own idea,--"Make me a king to-day," said he, "and I shall be a robber to-morrow."

1 Printed in Paris (Hartley, Adlard & Son) and published in London with the addition of D. I. Eaton's name, in 1796. While Paine was in prison, he was accused in England and America of having helped to bring Louis XVI. to the scaffold. The English pamphlet has a brief preface in which it is presented "as a burnt offering to Truth, in behalf of the most zealous friend and advocate of the Rights of Man; to protect him against the barbarous shafts of scandal and delusion, and as a reply to all the horrors which despots of every description have, with such unrelenting malice, attempted to fix on his conduct. But truth in the end must triumph: cease then such calumnies: all your efforts are in vain --you bite a file."--_Editor._

Nevertheless, I am inclined to believe that if Louis Capet had been born in obscure condition, had he lived within the circle of an amiable and respectable neighbourhood, at liberty to practice the duties of domestic life, had he been thus situated, I cannot believe that he would have shewn himself destitute of social virtues: we are, in a moment of fermentation like this, naturally little indulgent to his vices, or rather to those of his government; we regard them with additional horror and indignation; not that they are more heinous than those of his predecessors, but because our eyes are now open, and the veil of delusion at length withdrawn; yet the lamentable, degraded state to which he is actually reduced, is surely far less imputable to him than to the Constituent Assembly, which, of its own authority, without consent or advice of the people, restored him to the throne.

I was in Paris at the time of the flight, or abdication of Louis XVI., and when he was taken and brought back. The proposal of restoring him to supreme power struck me with amazement; and although at that time I was not a French citizen, yet as a citizen of the world I employed all the efforts that depended on me to prevent it.

A small society, composed only of five persons, two of whom are now members of the Convention,(1) took at that time the name of the Republican Club (Société Républicaine). This society opposed the restoration of Louis, not so much on account of his personal offences, as in order to overthrow the monarchy, and to erect on its ruins the republican system and an equal representation.

With this design, I traced out in the English language certain propositions, which were translated with some trifling alterations, and signed by Achille Duchâtelet, now Lieutenant-General in the army of the French republic, and at that time one of the five members which composed our little party: the law requiring the signature of a citizen at the bottom of each printed paper.

1 Condorect and Paine; the other members were Achille Duchitelet, and probably Nicolas de Bonneville and Lanthenas,--translator of Paine's "Works."--_Editor._

The paper was indignantly torn by Malouet; and brought forth in this very room as an article of accusation against the person who had signed it, the author and their adherents; but such is the revolution of events, that this paper is now received and brought forth for a very opposite purpose--to remind the nation of the errors of that unfortunate day, that fatal error of not having then banished Louis XVI. from its bosom, and to plead this day in favour of his exile, preferable to his death.

The paper in question, was conceived in the following terms:

[The address constitutes the first chapter of the present volume.]

Having thus explained the principles and the exertions of the republicans at that fatal period, when Louis was rein-stated in full possession of the executive power which by his flight had been suspended, I return to the subject, and to the deplorable situation in which the man is now actually involved.

What was neglected at the time of which I have been speaking, has been since brought about by the force of necessity. The wilful, treacherous defects in the former constitution have been brought to light; the continual alarm of treason and conspiracy aroused the nation, and produced eventually a second revolution. The people have beat down royalty, never, never to rise again; they have brought Louis Capet to the bar, and demonstrated in the face of the whole world, the intrigues, the cabals, the falsehood, corruption, and rooted depravity, the inevitable effects of monarchical government. There remains then only one question to be considered, what is to be done with this man?

For myself I seriously confess, that when I reflect on the unaccountable folly that restored the executive power to his hands, all covered as he was with perjuries and treason, I am far more ready to condemn the Constituent Assembly than the unfortunate prisoner Louis Capet.

But abstracted from every other consideration, there is one circumstance in his life which ought to cover or at least to palliate a great number of his transgressions, and this very circumstance affords to the French nation a blessed occasion of extricating itself from the yoke of kings, without defiling itself in the impurities of their blood.

It is to France alone, I know, that the United States of America owe that support which enabled them to shake off the unjust and tyrannical yoke of Britain. The ardour and zeal which she displayed to provide both men and money, were the natural consequence of a thirst for liberty. But as the nation at that time, restrained by the shackles of her own government, could only act by the means of a monarchical organ, this organ--whatever in other respects the object might be--certainly performed a good, a great action.

Let then those United States be the safeguard and asylum of Louis Capet. There, hereafter, far removed from the miseries and crimes of royalty, he may learn, from the constant aspect of public prosperity, that the true system of government consists not in kings, but in fair, equal, and honourable representation.

In relating this circumstance, and in submitting this proposition, I consider myself as a citizen of both countries. I submit it as a citizen of America, who feels the debt of gratitude which he owes to every Frenchman. I submit it also as a man, who, although the enemy of kings, cannot forget that they are subject to human frailties. I support my proposition as a citizen of the French republic, because it appears to me the best, the most politic measure that can be adopted.

As far as my experience in public life extends, I have ever observed, that the great mass of the people are invariably just, both in their intentions and in their objects; but the true method of accomplishing an effect does not always shew itself in the first instance. For example: the English nation had groaned under the despotism of the Stuarts. Hence Charles I. lost his life; yet Charles II. was restored to all the plenitude of power, which his father had lost. Forty years had not expired when the same family strove to reestablish their ancient oppression; so the nation then banished from its territories the whole race. The remedy was effectual. The Stuart family sank into obscurity, confounded itself with the multitude, and is at length extinct.

The French nation has carried her measures of government to a greater length. France is not satisfied with exposing the guilt of the monarch. She has penetrated into the vices and horrors of the monarchy. She has shown them clear as daylight, and forever crushed that system; and he, whoever he may be, that should ever dare to reclaim those rights would be regarded not as a pretender, but punished as a traitor.

Two brothers of Louis Capet have banished themselves from the country; but they are obliged to comply with the spirit and etiquette of the courts where they reside. They can advance no pretensions on their own account, so long as Louis Capet shall live.

Monarchy, in France, was a system pregnant with crime and murders, cancelling all natural ties, even those by which brothers are united. We know how often they have assassinated each other to pave a way to power. As those hopes which the emigrants had reposed in Louis XVI. are fled, the last that remains rests upon his death, and their situation inclines them to desire this catastrophe, that they may once again rally around a more active chief, and try one further effort under the fortune of the ci-devant Monsieur and d'Artois. That such an enterprize would precipitate them into a new abyss of calamity and disgrace, it is not difficult to foresee; yet it might be attended with mutual loss, and it is our duty as legislators not to spill a drop of blood when our purpose may be effectually accomplished without it.

It has already been proposed to abolish the punishment of death, and it is with infinite satisfaction that I recollect the humane and excellent oration pronounced by Robespierre on that subject in the Constituent Assembly. This cause must find its advocates in every corner where enlightened politicians and lovers of humanity exist, and it ought above all to find them in this assembly.

Monarchical governments have trained the human race, and inured it to the sanguinary arts and refinements of punishment; and it is exactly the same punishment which has so long shocked the sight and tormented the patience of the people, that now, in their turn, they practice in revenge upon their oppressors. But it becomes us to be strictly on our guard against the abomination and perversity of monarchical examples: as France has been the first of European nations to abolish royalty, let her also be the first to abolish the punishment of death, and to find out a milder and more effectual substitute.

In the particular case now under consideration, I submit the following propositions: 1st, That the National Convention shall pronounce sentence of banishment on Louis and his family. 2d, That Louis Capet shall be detained in prison till the end of the war, and at that epoch the sentence of banishment to be executed.

XV. SHALL LOUIS XVI. HAVE RESPITE?

SPEECH IN THE CONVENTION, JANUARY 19, 1793.(1)

(Read in French by Deputy Bancal,)

Very sincerely do I regret the Convention's vote of yesterday for death.

Marat [_interrupting_]: I submit that Thomas Paine is incompetent to vote on this question; being a Quaker his religious principles are opposed to capital punishment. [_Much confusion, quieted by cries for "freedom of speech" on which Bancal proceeds with Paine's speech_.]

1 Not included in any previous edition of Paine's "Works." It is here printed from contemporary French reports, modified only by Paine's own quotations of a few sentences in his Memorial to Monroe (xxi.).--_Editor._

I have the advantage of some experience; it is near twenty years that I have been engaged in the cause of liberty, having contributed something to it in the revolution of the United States of America, My language has always been that of liberty _and_ humanity, and I know that nothing so exalts a nation as the union of these two principles, under all circumstances. I know that the public mind of France, and particularly that of Paris, has been heated and irritated by the dangers to which they have been exposed; but could we carry our thoughts into the future, when the dangers are ended and the irritations forgotten, what to-day seems an act of justice may then appear an act of vengeance. [_Murmurs_.] My anxiety for the cause of France has become for the moment concern for her honor. If, on my return to America, I should employ myself on a 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. I voted against an appeal to the people, because it appeared to me that the Convention was needlessly wearied on that point; but I so voted in the hope that this Assembly would pronounce against death, and for the same punishment that the nation would have voted, at least in my opinion, that is for reclusion during the war, and banishment thereafter.(1) That is the punishment most efficacious, because it includes the whole family at once, and none other can so operate. I am still against the appeal to the primary assemblies, because there is a better method. This Convention has been elected to form a Constitution, which will be submitted to the primary assemblies. After its acceptance a necessary consequence will be an election and another assembly. We cannot suppose that the present Convention will last more than five or six months. The choice of new deputies will express the national opinion, on the propriety or impropriety of your sentence, with as much efficacy as if those primary assemblies had been consulted on it. As the duration of our functions here cannot be long, it is a part of our duty to consider the interests of those who shall replace us. If by any act of ours the number of the nation's enemies shall be needlessly increased, and that of its friends diminished,--at a time when the finances may be more strained than to-day,--we should not be justifiable for having thus unnecessarily heaped obstacles in the path of our successors. Let us therefore not be precipitate in our decisions.

1 It is possible that the course of the debate may have produced some reaction among the people, but when Paine voted against submitting the king's fate to the popular vote it was believed by the king and his friends that it would be fatal. The American Minister, Gouverneur Morris, who had long been acting for the king, wrote to President Washington, Jan. 6, 1793: "The king's fate is to be decided next Monday, the 14th. That unhappy man, conversing with one of his Council on his own fate, calmly summed up the motives of every kind, and concluded that a majority of the Council would vote for referring his case to the people, and that in consequence he should be massacred." Writing to Washington on Dec. 28, 1792, Morris mentions having heard from Paine that he was to move the king's banishment to America, and he may then have informed Paine that the king believed reference of his case to popular vote would be fatal. Genet was to have conducted the royal family to America.-- _Editor._

France has but one ally--the United States of America. That is the only nation that can furnish France with naval provisions, for the kingdoms of northern Europe are, or soon will be, at war with her. It unfortunately happens that the person now under 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 on Louis.

Thuriot: This is not the language of Thomas Paine.

Marat: I denounce the interpreter. I maintain that it is not Thomas Paine's opinion. It is an untrue translation.

Garran: I have read the original, and the translation is correct.(1)

[_Prolonged uproar. Paine, still standing in the tribune beside his interpreter, Deputy Bancal, declared the sentiments to be his._]

Your Executive Committee will nominate an ambassador to Philadelphia; my sincere wish is that he may announce to America that the National Convention of France, out of pure friendship to America, has consented to respite Louis. That people, by my vote, ask you to delay the execution.

Ah, citizens, give not the tyrant of England the triumph of seeing the man perish on the scaffold who had aided my much-loved America to break his chains!

Marat ["_launching himself into the middle of the hall_"]: Paine voted against the punishment of death because he is a Quaker.

Paine: I voted against it from both moral motives and motives of public policy.

1 See Guizot, "Hist, of France," vi., p. 136. "Hist. Parliamentair," vol. ii., p. 350. Louis Blanc says that Paine's appeal was so effective that Marat interrupted mainly in order to destroy its effect.--"Hist, de la Rev.," tome vii, 396.--_Editor._

XVI. DECLARATION OF RIGHTS.(1)

The object of all union of men in society being maintenance of their natural rights, civil and political, these rights are the basis of the social pact: their recognition and their declaration ought to precede the Constitution which assures their guarantee.

1. The natural rights of men, civil and political, are liberty, equality, security, property, social protection, and resistance to oppression.

2. Liberty consists in the right to do whatever is not contrary to the rights of others: thus, exercise of the natural rights of each individual has no limits other than those which secure to other members of society enjoyment of the same rights.

1 In his appeal from prison to the Convention (August 7, 1794) Paine states that he had, as a member of the Committee for framing the Constitution, prepared a Plan, which was in the hands of Barère, also of that Committee. I have not yet succeeded in finding Paine's Constitution, but it is certain that the work of framing the Constitution of 1793 was mainly entrusted to Paine and Condorcet.

Dr. John Moore, in his work on the French Revolution, describes the two at their work; and it is asserted that he "assisted in drawing up the French Declaration of Rights," by "Juvencus," author of an able "Essay on the Life and Genius of Thomas Paine," whose information came from a personal friend of Paine. ("Aphorisms, Opinions, and Reflections of Thomas Paine," etc., London, 1826. Pp. 3, 14.) A translation of the Declaration and Constitution appeared in England (Debrett, Picadilly, 1793), but with some faults. The present translation is from "Oeuvres Complètes de Condorcet," tome xviii. The Committee reported their Constitution February 15th, and April 15th was set for its discussion, Robespierre then demanded separate discussion of the Declaration of Rights, to which he objected that it made no mention of the Supreme Being, and that its extreme principles of freedom would shield illicit traffic. Paine and Jefferson were troubled that the United States Constitution contained no Declaration of Rights, it being a fundamental principle in Paine's theory of government that such a Declaration was the main safeguard of the individual against the despotism of numbers. See supra, vol. ii.t pp. 138, 139.--_Editor._.

3. The preservation of liberty depends on submission to the Law, which is the expression of the general will. Nothing unforbidden by law can be hindered, and none may be forced to do what the law does not command.

4. Every man is free to make known his thoughts and opinions.

5. Freedom of the press, and every other means of publishing one's opinion, cannot be interdicted, suspended, or limited.

6. Every citizen shall be free in the exercise of his religion (_culte_).

7. Equality consists in the enjoyment by every one of the same rights.

8. The law should be equal for all, whether it rewards or punishes, protects or represses.

9. All citizens are admissible to all public positions, employments, and functions. Free nations recognize no grounds of preference save talents and virtues.

10. Security consists in the protection accorded by society to every citizen for the preservation of his person, property, and rights.

11. None should be sued, accused, arrested, or detained, save in cases determined by the law, and in accordance with forms prescribed by it. Every other act against a citizen is arbitrary and null.

12. Those who solicit, further, sign, execute, or cause to be executed, such arbitrary acts are culpable, and should be punished.

13. Citizens against whom the execution of such acts is attempted have the right to repel force by force; but every citizen summoned or arrested by authority of the Law, and in the forms by it prescribed, should instantly obey: he renders himself guilty by resistance.

14. Every man being presumed innocent until legally pronounced guilty, should his arrest be deemed indispensable, all rigor not necessary to secure his person should be severely represssed by law.

15. None should be punished save in virtue of a law formally enacted, promulgated anterior to the offence, and legally applied.

16. Any law that should punish offences committed before its existence would be an arbitrary act. Retroactive effect given to the law is a crime.

17. The law should award only penalties strictly and evidently necessary to the general safety. Penalties should be proportioned to offences, and useful to society.

18. The right of property consists in every man's being master in the disposal, at his will, of his goods, capital, income, and industry.

19. No kind of labor, commerce, or culture, can be prohibited to any one: he may make, sell, and transport every species of production.

20. Every man may engage his services and his time; but he cannot sell himself; his person is not an alienable property.

21. No one can be deprived of the least portion of his property without his consent, unless evidently required by public necessity, legally determined, and under the condition of a just indemnity in advance.

22. No tax shall be imposed except for the general welfare, and to meet public needs. All citizens have the right to unite personally, or by their representatives, in the fixing of imposts.

23. Instruction is the need of all, and society owes it to all its members equally.

24. Public succours are a sacred debt of society; it is for the law to determine their extent and application.

25. The social guarantee of the rights of man rests on the national sovereignty.

26. This sovereignty is one, indivisible, imprescriptible, and inalienable.

27. It resides essentially in the whole people, and every citizen has an equal right to unite in its exercise.

28. No partial assemblage of citizens, and no individual, may attribute to themselves sovereignty, or exercise any authority, or discharge any public function, without formal delegation thereto by the law.

29. The social guarantee cannot exist if the limits of public administration are not clearly determined by law, and if the responsibility of all public functionaries is not assured.

30. All citizens are bound to unite in this guarantee, and in enforcing the law when summoned in its name.

31. Men united in society should have legal means of resisting oppression.

32. There is oppression when any law violates the natural rights, civil and political, which it should guarantee.

There is oppression when the law is violated by public officials in its application to individual cases.

There is oppression when arbitrary actions violate the rights of citizen against the express purpose (_expression_) of the law.

In a free government the mode of resisting these different acts of oppression should be regulated by the Constitution.

33. A people possesses always the right to reform and alter its Constitution. A generation has no right to subject a future generation to its laws; and all heredity in offices is absurd and tyrannical.

XVII. PRIVATE LETTERS TO JEFFERSON.

Paris, 20 April, 1793.

My dear Friend,--The gentleman (Dr. Romer) to whom I entrust this letter is an intimate acquaintance of Lavater; but I have not had the opportunity of seeing him, as he had set off for Havre prior to my writing this letter, which I forward to him under cover from one of his friends, who is also an acquaintance of mine.

We are now in an extraordinary crisis, and it is not altogether without some considerable faults here. Dumouriez, partly from having no fixed principles of his own, and partly from the continual persecution of the Jacobins, who act without either prudence or morality, has gone off to the Enemy, and taken a considerable part of the Army with him. The expedition to Holland has totally failed, and all Brabant is again in the hands of the Austrians.

You may suppose the consternation which such a sudden reverse of fortune has occasioned, but it has been without commotion. Dumouriez threatened to be in Paris in three weeks. It is now three weeks ago; he is still on the frontier near to Mons with the Enemy, who do not make any progress. Dumouriez has proposed to re-establish the former Constitution in which plan the Austrians act with him. But if France and the National Convention act prudently this project will not succeed. In the first place there is a popular disposition against it, and there is force sufficient to prevent it. In the next place, a great deal is to be taken into the calculation with respect to the Enemy. There are now so many persons accidentally jumbled together as to render it exceedingly difficult to them to agree upon any common object.

The first object, that of restoring the old Monarchy, is evidently given up by the proposal to re-establish the late Constitution. The object of England and Prussia was to preserve Holland, and the object of Austria was to recover Brabant; while those separate objects lasted, each party having one, the Confederation could hold together, each helping the other; but after this I see not how a common object is to be formed. To all this is to be added the probable disputes about opportunity, the expence, and the projects of reimbursements. The Enemy has once adventured into France, and they had the permission or the good fortune to get back again. On every military calculation it is a hazardous adventure, and armies are not much disposed to try a second time the ground upon which they have been defeated.

Had this revolution been conducted consistently with its principles, there was once a good prospect of extending liberty through the greatest part of Europe; but I now relinquish that hope. Should the Enemy by venturing into France put themselves again in a condition of being captured, the hope will revive; but this is a risk I do not wish to see tried, lest it should fail.

As the prospect of a general freedom is now much shortened, I begin to contemplate returning home. I shall await the event of the proposed Constitution, and then take my final leave of Europe. I have not written to the President, as I have nothing to communicate more than in this letter. Please to present him my affection and compliments, and remember me among the circle of my friends.

Your sincere and affectionate friend,

Thomas Paine.

P. S. I just now received a letter from General Lewis Morris, who tells me that the house and Barn on my farm at New Rochelle are burnt down. I assure you I shall not bring money enough to build another.

Paris, 20 Oct., 1793.

I wrote you by Captain Dominick who was to sail from Havre about the 20th of this month. This will probably be brought you by Mr. Barlow or Col. Oswald. Since my letter by Dominick I am every day more convinced and impressed with the propriety of Congress sending Commissioners to Europe to confer with the Ministers of the Jesuitical Powers on the means of terminating the War. The enclosed printed paper will shew there are a variety of subjects to be taken into consideration which did not appear at first, all of which have some tendency to put an end to the War. I see not how this War is to terminate if some intermediate power does not step forward. There is now no prospect that France can carry revolutions into Europe on the one hand, or that the combined powers can conquer France on the other hand. It is a sort of defensive War on both sides. This being the case, how is the War to close? Neither side will ask for peace though each may wish it. I believe that England and Holland are tired of the War. Their Commerce and Manufactures have suffered most exceedingly,--besides this, it is for them a War without an object. Russia keeps herself at a distance.

I cannot help repeating my wish that Congress would send Commissioners, and I wish also that yourself would venture once more across the ocean, as one of them. If the Commissioners rendezvous at Holland they would know what steps to take. They could call Mr. Pinckney [Gen. Thomas Pinckney, American Minister in England] to their councils, and it would be of use, on many accounts, that one of them should come over from Holland to France. Perhaps a long truce, were it proposed by the neutral powers, would have all the effects of a Peace, without the difficulties attending the adjustment of all the forms of Peace.

Yours affectionately,

Thomas Paine.

XVIII. LETTER TO DANTON.(1)

Paris, May 6, 2nd year of the Republic [1793.]

Citoyen Danton: As you read English, I write this letter to you without passing it through the hands of a translator. I am exceedingly disturbed at the distractions, jealousies, discontents and uneasiness that reign among us, and which, if they continue, will bring ruin and disgrace on the Republic. When I left America in the year 1787, it was my intention to return the year following, but the French Revolution, and the prospect it afforded of extending the principles of liberty and fraternity through the greater part of Europe, have induced me to prolong my stay upwards of six years. I now despair of seeing the great object of European liberty accomplished, and my despair arises not from the combined foreign powers, not from the intrigues of aristocracy and priestcraft, but from the tumultuous misconduct with which the internal affairs of the present revolution are conducted.

All that now can be hoped for is limited to France only, and I agree with your motion of not interfering in the government of any foreign country, nor permitting any foreign country to interfere in the government of France. This decree was necessary as a preliminary toward terminating the war. But while these internal contentions continue, while the hope remains to the enemy of seeing the Republic fall to pieces, while not only the representatives of the departments but representation itself is publicly insulted, as it has lately been and now is by the people of Paris, or at least by the tribunes, the enemy will be encouraged to hang about the frontiers and await the issue of circumstances.

1 This admirable letter was brought to light by the late M. Taine, and first published in full by Taine's translator, John Durand ("New Materials for the History of the American Revolution," 1889). The letter to Marat mentioned by Paine has not been discovered. Danton followed Paine to prison, and on meeting him there said: "That which you did for the happiness and liberty of your country I tried to do for mine. I have been less fortunate, but not less innocent. They will send me to the scaffold; very well, my friend, I will go gaily." M. Taine in La Révolution (vol. ii., pp. 382, 413, 414) refers to this letter of Paine, and says: "Compared with the speeches and writings of the time, it produces the strangest effect by its practical good sense." --_Editor._,

I observe that the confederated powers have not yet recognized Monsieur, or D'Artois, as regent, nor made any proclamation in favour of any of the Bourbons; but this negative conduct admits of two different conclusions. The one is that of abandoning the Bourbons and the war together; the other is that of changing the object of the war and substituting a partition scheme in the place of their first object, as they have done by Poland. If this should be their object, the internal contentions that now rage will favour that object far more than it favoured their former object. The danger every day increases of a rupture between Paris and the departments. The departments did not send their deputies to Paris to be insulted, and every insult shown to them is an insult to the departments that elected and sent them. I see but one effectual plan to prevent this rupture taking place, and that is to fix the residence of the Convention, and of the future assemblies, at a distance from Paris.

I saw, during the American Revolution, the exceeding inconvenience that arose by having the government of Congress within the limits of any Municipal Jurisdiction. Congress first resided in Philadelphia, and after a residence of four years it found it necessary to leave it. It then adjourned to the State of Jersey. It afterwards removed to New York; it again removed from New York to Philadelphia, and after experiencing in every one of these places the great inconvenience of a government, it formed the project of building a Town, not within the limits of any municipal jurisdiction, for the future residence of Congress. In any one of the places where Congress resided, the municipal authority privately or openly opposed itself to the authority of Congress, and the people of each of these places expected more attention from Congress than their equal share with the other States amounted to. The same thing now takes place in France, but in a far greater excess.

I see also another embarrassing circumstance arising in Paris of which we have had full experience in America. I mean that of fixing the price of provisions. But if this measure is to be attempted it ought to be done by the Municipality. The Convention has nothing to do with regulations of this kind; neither can they be carried into practice. The people of Paris may say they will not give more than a certain price for provisions, but as they cannot compel the country people to bring provisions to market the consequence will be directly contrary to their expectations, and they will find dearness and famine instead of plenty and cheapness. They may force the price down upon the stock in hand, but after that the market will be empty.

I will give you an example. In Philadelphia we undertook, among other regulations of this kind, to regulate the price of Salt; the consequence was that no Salt was brought to market, and the price rose to thirty-six shillings sterling per Bushel. The price before the war was only one shilling and sixpence per Bushel; and we regulated the price of flour (farina) till there was none in the market, and the people were glad to procure it at any price.

There is also a circumstance to be taken into the account which is not much attended to. The assignats are not of the same value they were a year ago, and as the quantity increases the value of them will diminish. This gives the appearance of things being dear when they are not so in fact, for in the same proportion that any kind of money falls in value articles rise in price. If it were not for this the quantity of assignats would be too great to be circulated. Paper money in America fell so much in value from this excessive quantity of it, that in the year 1781 I gave three hundred paper dollars for one pair of worsted stockings. What I write you upon this subject is experience, and not merely opinion. I have no personal interest in any of these matters, nor in any party disputes. I attend only to general principles.

As soon as a constitution shall be established I shall return to America; and be the future prosperity of France ever so great, I shall enjoy no other part of it than the happiness of knowing it. In the mean time I am distressed to see matters so badly conducted, and so little attention paid to moral principles. It is these things that injure the character of the Revolution and discourage the progress of liberty all over the world. When I began this letter I did not intend making it so lengthy, but since I have gone thus far I will fill up the remainder of the sheet with such matters as occur to me.

There ought to be some regulation with respect to the spirit of denunciation that now prevails. If every individual is to indulge his private malignancy or his private ambition, to denounce at random and without any kind of proof, all confidence will be undermined and all authority be destroyed. Calumny is a species of Treachery that ought to be punished as well as any other kind of Treachery. It is a private vice productive of public evils; because it is possible to irritate men into disaffection by continual calumny who never intended to be disaffected. It is therefore, equally as necessary to guard against the evils of unfounded or malignant suspicion as against the evils of blind confidence. It is equally as necessary to protect the characters of public officers from calumny as it is to punish them for treachery or misconduct. For my own part I shall hold it a matter of doubt, until better evidence arises than is known at present, whether Dumouriez has been a traitor from policy or resentment. There was certainly a time when he acted well, but it is not every man whose mind is strong enough to bear up against ingratitude, and I think he experienced a great deal of this before he revolted. Calumny becomes harmless and defeats itself, when it attempts to act upon too large a scale. Thus the denunciation of the Sections [of Paris] against the twenty-two deputies [Girondists] falls to the ground. The departments that elected them are better judges of their moral and political characters than those who have denounced them. This denunciation will injure Paris in the opinion of the departments because it has the appearance of dictating to them what sort of deputies they shall elect. Most of the acquaintances that I have in the Convention are among those who are in that list, and I know there are not better men nor better patriots than what they are.

I have written a letter to Marat of the same date as this but not on the same subject. He may show it to you if he chuse.

Votre Ami,

Thomas Paine.

Citoyen Danton.

XIX. A CITIZEN OF AMERICA TO THE CITIZENS OF EUROPE (1)

18th Year of Independence.

1 State Archives, Paris: États Unis, vol. 38, fol. 90. This pamphlet is in English, without indication of authorship or of the place of publication. It is accompanied by a French translation (MS.) inscribed "Par Thomas Payne." In the printed pamphlet the date (18th Year, etc) is preceded by the French words (printed): "Philadelphie 28 Juillet 1793." It was no doubt the pamphlet sent by Paine to Monroe, with various documents relating to his imprisonment, describing it as "a Letter which I had printed here as an American letter, some copies of which I sent to Mr. Jefferson." A considerable portion of the pamphlet embodies, with occasional changes of phraseology, a manuscript (États Unis, vol. 37, Do. 39) endorsed: "January 1793. Thorn. Payne. Copie. Observations on the situation of the Powers joined against France." This opens with the following paragraph: "It is always useful to know the position and the designs of one's enemies. It is much easier to do so by combining and comparing the events, and by examining the consequences which result from them, than by forming one's judgment by letters found or intercepted. These letters could be fabricated with the intention of deceiving, but events or circumstances have a character which is proper to them. If in the course of our political operations we mistake the designs of our enemy, it leads us to do precisely that which he desires we should do, and it happens by the fact, but against our intentions, that we work for him." That the date written on this MS. is erroneous appears by an allusion to the defeat of the Duke of York at Dunkirk in the closing paragraph: "There are three distinct parties in England at this moment: the government party, the revolutionary party, and an intermedial party,--which is only opposed to the war on account of the expense it entails, and the harm it does commerce and manufactures. I am speaking of the People, and not of the Parliament. The latter is divided into two parties: the Ministerial, and the Anti-ministerial. The revolutionary party, the intermedial party, and the anti- ministerial party, will all rejoice, publicly or privately, at the defeat of the Duke of York at Dunkirk." The two paragraphs quoted represent the only actual additions to the pamphlet. I have a clipping from the London Morning Chronicle of Friday, April 25, 1794, containing the part of the pamphlet headed "Of the present state of Europe and the Confederacy," signed "Thomas Paine, Author of Common Sense, etc." On February 1,1793, the Convention having declared war, appointed Paine, Barère, Condorcet and Faber, a Committee to draft an address to the English people. It was never done, but these fragments may represent notes written by Paine with reference to that task. The pamphlet probably appeared late in September, 1793.--_Editor._,

Understanding that a proposal is intended to be made at the ensuing meeting of the Congress of the United States of America "to send commissioners to Europe to confer with the Ministers of all the Neutral Powers for the purpose of negotiating preliminaries of peace," I address this letter to you on that subject, and on the several matters connected therewith.

In order to discuss this subject through all its circumstances, it will be necessary to take a review of the state of Europe, prior to the French revolution. It will from thence appear, that the powers leagued against France are fighting to attain an object, which, were it possible to be attained, would be injurious to themselves.

This is not an uncommon error in the history of wars and governments, of which the conduct of the English government in the war against America is a striking instance. She commenced that war for the avowed purpose of subjugating America; and after wasting upwards of one hundred millions sterling, and then abandoning the object, she discovered, in the course of three or four years, that the prosperity of England was increased, instead of being diminished, by the independence of America. In short, every circumstance is pregnant with some natural effect, upon which intentions and opinions have no influence; and the political error lies in misjudging what the effect will be. England misjudged it in the American war, and the reasons I shall now offer will shew, that she misjudges it in the present war. In discussing this subject, I leave out of the question everything respecting forms and systems of government; for as all the governments of Europe differ from each other, there is no reason that the government of France should not differ from the rest.

The clamours continually raised in all the countries of Europe were, that the family of the Bourbons was become too powerful; that the intrigues of the court of France endangered the peace of Europe. Austria saw with a jealous eye the connection of France with Prussia; and Prussia, in her turn became jealous of the connection of France with Austria; England had wasted millions unsuccessfully in attempting to prevent the family compact with Spain; Russia disliked the alliance between France and Turkey; and Turkey became apprehensive of the inclination of France towards an alliance with Russia. Sometimes the quadruple alliance alarmed some of the powers, and at other times a contrary system alarmed others, and in all those cases the charge was always made against the intrigues of the Bourbons.

Admitting those matters to be true, the only thing that could have quieted the apprehensions of all those powers with respect to the interference of France, would have been her entire NEUTRALITY in Europe; but this was impossible to be obtained, or if obtained was impossible to be secured, because the genius of her government was repugnant to all such restrictions.

It now happens that by entirely changing the genius of her government, which France has done for herself, this neutrality, which neither wars could accomplish nor treaties secure, arises naturally of itself, and becomes the ground upon which the war should terminate. It is the thing that approaches the nearest of all others to what ought to be the political views of all the European powers; and there is nothing that can so effectually secure this neutrality, as that the genius of the French government should be different from the rest of Europe.

But if their object is to restore the Bourbons and monarchy together, they will unavoidably restore with it all the evils of which they have complained; and the first question of discord will be, whose ally is that monarchy to be?

Will England agree to the restoration of the family compact against which she has been fighting and scheming ever since it existed? Will Prussia agree to restore the alliance between France and Austria, or will Austria agree to restore the former connection between France and Prussia, formed on purpose to oppose herself; or will Spain or Russia, or any of the maritime powers, agree that France and her navy should be allied to England? In fine, will any of the powers agree to strengthen the hands of the other against itself? Yet all these cases involve themselves in the original question of the restoration of the Bourbons; and on the other hand, all of them disappear by the neutrality of France.

If their object is not to restore the Bourbons, it must be the impracticable project of a partition of the country. The Bourbons will then be out of the question, or, more properly speaking, they will be put in a worse condition; for as the preservation of the Bourbons made a part of the first object, the extirpation of them makes a part of the second. Their pretended friends will then become interested in their destruction, because it is favourable to the purpose of partition that none of the nominal claimants should be left in existence.

But however the project of a partition may at first blind the eyes of the confederacy, or however each of them may hope to outwit the other in the progress or in the end, the embarrassments that will arise are insurmountable. But even were the object attainable, it would not be of such general advantage to the parties as the neutrality of France, which costs them nothing, and to obtain which they would formerly have gone to war.

OF THE PRESENT STATE OF EUROPE, AND THE CONFEDERACY.

In the first place the confederacy is not of that kind that forms itself originally by concert and consent. It has been forced together by chance--a heterogeneous mass, held only by the accident of the moment; and the instant that accident ceases to operate, the parties will retire to their former rivalships.

I will now, independently of the impracticability of a partition project, trace out some of the embarrassments which will arise among the confederated parties; for it is contrary to the interest of a majority of them that such a project should succeed.

To understand this part of the subject it is necessary, in the first place, to cast an eye over the map of Europe, and observe the geographical situation of the several parts of the confederacy; for however strongly the passionate politics of the moment may operate, the politics that arise from geographical situation are the most certain, and will in all cases finally prevail.

The world has been long amused with what is called the "_balance of power_." But it is not upon armies only that this balance depends. Armies have but a small circle of action. Their progress is slow and limited. But when we take maritime power into the calculation, the scale extends universally. It comprehends all the interests connected with commerce.

The two great maritime powers are England and France. Destroy either of those, and the balance of naval power is destroyed. The whole world of commerce that passes on the Ocean would then lie at the mercy of the other, and the ports of any nation in Europe might be blocked up.

The geographical situation of those two maritime powers comes next under consideration. Each of them occupies one entire side of the channel from the straits of Dover and Calais to the opening into the Atlantic. The commerce of all the northern nations, from Holland to Russia, must pass the straits of Dover and Calais, and along the Channel, to arrive at the Atlantic.

This being the case, the systematical politics of all the nations, northward of the straits of Dover and Calais, can be ascertained from their geographical situation; for it is necessary to the safety of their commerce that the two sides of the Channel, either in whole or in part, should not be in the possession either of England or France. While one nation possesses the whole of one side, and the other nation the other side, the northern nations cannot help seeing that in any situation of things their commerce will always find protection on one side or the other. It may sometimes be that of England and sometimes that of France.

Again, while the English navy continues in its present condition, it is necessary that another navy should exist to controul the universal sway the former would otherwise have over the commerce of all nations. France is the only nation in Europe where this balance can be placed. The navies of the North, were they sufficiently powerful, could not be sufficiently operative. They are blocked up by the ice six months in the year. Spain lies too remote; besides which, it is only for the sake of her American mines that she keeps up her navy.

Applying these cases to the project of a partition of France, it will appear, that the project involves with it a DESTRUCTION OF THE BALANCE OF MARITIME POWER; because it is only by keeping France entire and indivisible that the balance can be kept up. This is a case that at first sight lies remote and almost hidden. But it interests all the maritime and commercial nations in Europe in as great a degree as any case that has ever come before them.--In short, it is with war as it is with law. In law, the first merits of the case become lost in the multitude of arguments; and in war they become lost in the variety of events. New objects arise that take the lead of all that went before, and everything assumes a new aspect. This was the case in the last great confederacy in what is called the succession war, and most probably will be the case in the present.

I have now thrown together such thoughts as occurred to me on the several subjects connected with the confederacy against France, and interwoven with the interest of the neutral powers. Should a conference of the neutral powers take place, these observations will, at least, serve to generate others. The whole matter will then undergo a more extensive investigation than it is in my power to give; and the evils attending upon either of the projects, that of restoring the Bourbons, or of attempting a partition of France, will have the calm opportunity of being fully discussed.

On the part of England, it is very extraordinary that she should have engaged in a former confederacy, and a long expensive war, to _prevent_ the family compact, and now engage in another confederacy to _preserve_ it. And on the part of the other powers, it is as inconsistent that they should engage in a partition project, which, could it be executed, would immediately destroy the balance of maritime power in Europe, and would probably produce a second war, to remedy the political errors of the first.

A Citizen of the United States of America.

XX. APPEAL TO THE CONVENTION.(1)

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. Robespierre having fallen July 29th, those who had been imprisoned under his authority were nearly all at once released, but Paine remained. There were still three conspirators against him on the Committee of Public Safety, and to that Committee this appeal was unfortunately confided; consequently it never reached the Convention. The circumstances are related at length infra, in the introduction to the Memorial to Monroe (XXI.). It will also be seen that Paine was mistaken in his belief that his imprisonment was due to the enmity of Robespierre, and this he vaguely suspected when his imprisonment was prolonged three months after Robespierre's death.--_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 Barère, and it will speak for itself.

1 Revolutions have now acquired such sanguinary associations that it is important to bear in mind that by "revolution" Paine always means simply a change or reformation of government, 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, the _Foreigner_ thus 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.

XXI. THE MEMORIAL TO MONROE.

EDITOR'S historical introduction:

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:

"Mémoire de Thomas Payne, autographe et signé de sa main: addressé à M. Monroe, ministre des États-unis en france, pour réclamer sa mise en liberté comme citoyen Américain, 10 Sept 1794. Robespierre avait fait arrêter Th. Payne, en 1793--il fut conduit au Luxembourg où le glaive fut longtemps suspendu sur sa tête. Après onze mois de captivité, il recouvra la liberté, sur la réclamation du ministre Américain--c'était après la chute de Robespierre--il reprit sa place à la convention, le 8 décembre 1794. (18 frimaire an iii.) Ce Mémoire contient des renseigne mens curieux sur la conduite politique de Th. Payne en france, pendant la Révolution, et à l'époque du procès 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'humanité, qui ne tenait point à ses principes religieux. Villenave."

No date is given, but the pamphlet probably appeared early in 1795. Matthieu Gillaume Thérèse 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 in Villenave, where it is underlined: "Peint par Ped [Peale] à Philadelphie, Dessiné par F. Bonneville, Gravé par Sandoz." In Bache it is: "Bolt sc. 1793 "; and beneath this the curious inscription: "Thomas Paine. Secretair d. Americ: Congr: 1780. Mitgl: d. fr. Nat. Convents. 1793." The portrait is a variant of that now in Independence Hall, and one of two painted by C. W. Peale. The other (in which the chin is supported by the hand) was for religious reasons refused by the Boston Museum when it purchased the collection of "American Heroes" from Rembrandt Peale. It was bought by John McDonough, whose brother sold it to Mr. Joseph Jefferson, the eminent actor, and perished when his house was burned at Buzzard's Bay. Mr. Jefferson writes me that he meant to give the portrait to the Paine Memorial Society, Boston; "but the cruel fire roasted the splendid _Infidel_, 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 Chargé 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 an _Alliance 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 French _armateurs_ from 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, États 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, Frédéric 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 "Mémoire», etc., du General Lafayette," Bruxelles, 1837, tome ii., pp. 484,485.

2 "Le Département des Affaires Étrangères pendant la Révolution," 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 Genêt 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 against Paine in France, and none assigned in any document connected with his arrest, some kind of insinuation had to be made in the Convention to cover proceedings against a Deputy, and Bourdon de l'Oise said, "I know that he has intrigued with a former agent of the bureau of Foreign Affairs." It will be seen by the third addendum to the Memorial to Monroe that Paine supposed this to refer to Louis Otto, who had been his interpreter in an interview requested by Barère, of the Committee of Public Safety. But as Otto was then, early in September, 1793, Secretary in the Foreign Office, and Barère a fellow-terrorist of Bourdon, there could be no accusation based on an interview which, had it been probed, would have put Paine's enemies to confusion. It is doubtful, however, if Paine was right in his conjecture. The reference of Bourdon was probably to the collusion between Paine and Genêt 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 a _French_ citizen. 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.

À Paris le 14 février 1794, 26 pluviôse.

Le Minisire plénipotentiaire des États Unis de l'Amérique près la République française au Ministre des Affaires Étrangères.

Monsieur:

Thomas Paine vient de s'adresser à moi pour que je le réclame comme Citoyen des États Unis. Voici (je crois) les Faits que le regardent. Il est né en Angleterre. Devenu ensuite Citoyen des États Unis il s'y est acquise une grande célébrité par des Écrits révolutionnaires. En consequence il fût adopté Citoyen français et ensuite élu membre de la Convention. Sa conduite depuis cette époque n'est pas de mon ressort. J'ignore la cause de sa Détention actuelle dans la prison du Luxembourg, mais je vous prie Monsieur (si des raisons que ne me sont pas connues s'opposent à sa liberation) de vouloir bien m'en instruire pour que je puisse les communiquer au Gouvernement des États Unis. J'ai l'honneur d'être, Monsieur,

Votre très humble Serviteur

Gouv. Morris.

Paris, i Ventôse l'An ad. de la République une et indivisible.

Le Ministre des Affaires Étrangères au Ministre Plénipotentiaire des États Unis de V Amérique près la République Française.

Par votre lettre du 26 du mois dernier, vous réclamez la liberté de Thomas Faine, comme Citoyen américain. Né en Angleterre, cet ex-deputé est devenu successivement Citoyen Américain et Citoyen français. En acceptant ce dernier titre et en remplissant une place dans le Corps Législatif, il est soumis aux lob de la République et il a renoncé de fait à la protection que le droit des gens et les traités conclus avec les États Unis auraient pu lui assurer.

J'ignore les motifs de sa détention mais je dois présumer qûils bien fondés. Je vois néanmoins soumettre au Comité de Salut Public la démande que vous m'avez adressée et je m'empresserai de vous faire connaître sa décision.

Dir ORGUBS. (1)

1 Archives of the Foreign Office, Paris, "États Unis," vol.