"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 a.s.sured 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, etats 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 a.s.sumed the authority of secretly appointing a virtual amba.s.sador 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 amba.s.sador. 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 amba.s.sador 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, Frederic Ma.s.son, 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 "Memoire, etc., du General Lafayette," Bruxelles, 1837, tome ii., pp. 484,485.

2 "Le Departement des Affaires etrangeres pendant la Revolution," 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 pa.s.sed 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 Genet 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 pa.s.sed 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 pa.s.sed, 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 a.s.suming 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 a.s.signed in any doc.u.ment 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 Barere, of the Committee of Public Safety. But as Otto was then, early in September, 1793, Secretary in the Foreign Office, and Barere 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 Genet 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 pet.i.tioners, 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.

a Paris le 14 fevrier 1794, 26 pluviose.

Le Minisire plenipotentiaire des etats Unis de l'Amerique pres la Republique francaise au Ministre des Affaires etrangeres.

Monsieur:

Thomas Paine vient de s'adresser a moi pour que je le reclame comme Citoyen des etats Unis. Voici (je crois) les Faits que le regardent. Il est ne en Angleterre. Devenu ensuite Citoyen des etats Unis il s'y est acquise une grande celebrite par des ecrits revolutionnaires. En consequence il fut adopte Citoyen francais et ensuite elu membre de la Convention. Sa conduite depuis cette epoque n'est pas de mon ressort.

J'ignore la cause de sa Detention actuelle dans la prison du Luxembourg, mais je vous prie Monsieur (si des raisons que ne me sont pas connues s'opposent a sa liberation) de vouloir bien m'en instruire pour que je puisse les communiquer au Gouvernement des etats Unis. J'ai l'honneur d'etre, Monsieur,

Votre tres humble Serviteur

Gouv. Morris.

Paris, i Ventose l'An ad. de la Republique une et indivisible.

Le Ministre des Affaires etrangeres au Ministre Plenipotentiaire des etats Unis de V Amerique pres la Republique Francaise.

Par votre lettre du 26 du mois dernier, vous reclamez la liberte de Thomas Faine, comme Citoyen americain. Ne en Angleterre, cet ex-depute est devenu successivement Citoyen Americain et Citoyen francais. En acceptant ce dernier t.i.tre et en remplissant une place dans le Corps Legislatif, il est soumis aux lob de la Republique et il a renonce de fait a la protection que le droit des gens et les traites conclus avec les etats Unis auraient pu lui a.s.surer.

J'ignore les motifs de sa detention mais je dois presumer quils bien fondes. Je vois neanmoins soumettre au Comite de Salut Public la demande que vous m'avez adressee et je m'empresserai de vous faire connaitre sa decision.

Dir ORGUBS. (1)

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

xl. Translations:--Morris: "Sir,--Thomas Paine has just applied to me to claim him as a citizen of the United States. Here (I believe) are the facts relating to him. He was born in England. Having afterwards become a citizen of the United States, he acquired great celebrity there by his revolutionary writings. In consequence he was adopted a French citizen and then elected Member of the Convention.

His conduct since this epoch is out of my jurisdiction. I am ignorant of the reason for his present detention in the Luxembourg prison, but I beg you, sir (if reasons unknown to me prevent his liberation), be so good as to inform me, that I may communicate them to the government of the United States." Deporgurs: "By your letter of the 36th of last month you reclaim the liberty of Thomas Paine as an American citizen. Born in England, this ex-deputy has become successively an American and a French citizen. In accepting this last t.i.tle, and in occupying a place in the Corps Legislatif he submitted himself to the laws of the Republic, and has certainly renounced the protection which the law of nations, and treaties concluded with the United States, could have a.s.sured him. I am ignorant of the motives of his detention, but I must presume they are well founded. I shall nevertheless submit to the Committee of Public Safety the demand you have addressed to me, and I shall lose no time in letting you know its decision."

It will be seen that Deforgues begins his letter with a falsehood: "You reclaim the liberty of Paine as an American citizen." Morris's letter had declared him a French citizen out of his (the American Minister's) "jurisdiction." Morris states for Deforgues his case, and it is obediently adopted, though quite discordant with the decree, which imprisoned Paine as a foreigner. Deforgues also makes Paine a member of a non-existent body, the "Corps Legislatif," which might suggest in Philadelphia previous connection with the defunct a.s.sembly. No such inquiries as Deforgues promised, nor any, were ever made, and of course none were intended. Morris had got from Deforgues the certificate he needed to show in Philadelphia and to Americans in Paris. His pretended "reclamation" was of course withheld: no copy of it ever reached America till brought from French archives by the present writer. Morris does not appear to have ventured even to keep a copy of it himself. The draft (presumably in English), found among his papers by Sparks, alters the fatal sentence which deprived Paine of his American citizenship and of protection. "Res-sort"--jurisdiction--which has a definite technical meaning in the mouth of a Minister, is changed to "cognizance"; the sentence is made to read, "his conduct from that time has not come under my cognizance." (Sparks's "Life of Gouverneur Morris," i., p. 401).

Even as it stands in his book, Sparks says: "The application, it must be confessed, was neither pressing in its terms, nor cogent in its arguments."

The American Minister, armed with this French missive, dictated by himself, enclosed it to the Secretary of State, whom he supposed to be still Jefferson, with a letter stating that he had reclaimed Paine as an American, that he (Paine) was held to answer for "crimes," and that any further attempt to release him would probably be fatal to the prisoner.

By these falsehoods, secured from detection by the profound secrecy of the Foreign Offices in both countries, Morris paralyzed all interference from America, as Washington could not of course intervene in behalf of an American charged with "crimes" committed in a foreign country, except to demand his trial. But it was important also to paralyze further action by Americans in Paris, and to them, too, was shown the French certificate of a reclamation never made. A copy was also sent to Paine, who returned to Morris an argument which he entreated him to embody in a further appeal to the French Minister. This doc.u.ment was of course buried away among the papers of Morris, who never again mentioned Paine in any communication to the French government, but contented himself with personal slanders of his victim in private letters to Washington's friend, Robert Morris, and no doubt others. I quote Sparks's summary of the argument unsuspectingly sent by Paine to Morris:

"He first proves himself to have been an American citizen, a character of which he affirms no subsequent act had deprived him. The t.i.tle of French citizen was a mere nominal and honorary one, which the Convention chose to confer, when they asked him to help them in making a Const.i.tution. But let the nature or honor of the t.i.tle be what it might, the Convention had taken it away of their own accord. 'He was excluded from the Convention on the motion for excluding _foreigners_.

Consequently he was no longer under the law of the Republic as a _citizen_, but under the protection of the Treaty of Alliance, as fully and effectually as any other citizen of America. It was therefore the duty of the American Minister to demand his release.'"

To this Sparks adds:

"Such is the drift of Paine's argument, and it would seem indeed that he could not be a foreigner and a citizen at the same time. It was hard that his only privilege of citizenship should be that of imprisonment.

But this logic was a little too refined for the revolutionary tribunals of the Jacobins in Paris, and Mr. Morris well knew it was not worth while to preach it to them. He did not believe there was any serious design at that time against the life of the prisoner, and he considered his best chance of safety to be in preserving silence for the present.

Here the matter rested, and Paine was left undisturbed till the arrival of Mr. Monroe, who procured his discharge from confinement." ("Life of Gouverneur Morris," i., p. 417.)l

Sparks takes the gracious view of the man whose Life he was writing, but the facts now known turn his words to sarcasm. The Terror by which Paine suffered was that of Morris, who warned him and his friends, both in Paris and America, that if his case was stirred the knife would fall on him. Paine declares (see xx.) that this danger kept him silent till after the fall of Robespierre. None knew so well as Morris that there were no charges against Paine for offences in France, and that Robespierre was awaiting that action by Washington which he (Morris) had rendered impossible. Having thus suspended the knife over Paine for six months, Robespierre interpreted the President's silence, and that of Congress, as confirmation of Morris's story, and resolved on the execution of Paine "in the interests of America as well as of France"; in other words to conciliate Washington to the endangered alliance with France.

Paine escaped the guillotine by the strange accident related in a further chapter. The fall of Robespierre did not of course end his imprisonment, for he was not Robespierre's but Washington's prisoner.

Morris remained Minister in France nearly a month after Robespierre's death, but the word needed to open Paine's prison was not spoken.

After his recall, had Monroe been able at once to liberate Paine, an investigation must have followed, and Morris would probably have taken his prisoner's place in the Luxembourg. But Morris would not present his letters of recall, and refused to present his successor, thus keeping Monroe out of his office four weeks. In this he was aided by Bourdon de l'Oise (afterwards banished as a royalist conspirator, but now a commissioner to decide on prisoners); also by tools of Robespierre who had managed to continue on the Committee of Public Safety by laying their crimes on the dead scapegoat--Robespierre. Against Barere (who had signed Paine's death-warrant), Billaud-Varennes, and Colloit d'Her-bois, Paine, if liberated, would have been a terrible witness. The Committee ruled by them had suppressed Paine's appeal to the Convention, as they presently suppressed Monroe's first appeal. Paine, knowing that Monroe had arrived, but never dreaming that the manoeuvres of Morris were keeping him out of office, wrote him from prison the following letters, hitherto unpublished.