I certainly went a great way, considering the rage of the times, in endeavouring to prevent that execution. I had many reasons for so doing.

I judged, and events have shewn that I judged rightly, that if they once began shedding blood, there was no knowing where it would end; and as to what the world might call _honour_ the execution would appear like a nation killing a mouse; and in a political view, would serve to transfer the hereditary claim to some more formidable Enemy. The man could do no more mischief; and that which he had done was not only from the vice of his education, but was as much the fault of the Nation in restoring him after he had absconded June 21st, 1791, as it was his. I made the proposal for imprisonment until the end of the war and perpetual banishment after the war, instead of the punishment of death. Upwards of three hundred members voted for that proposal. The sentence for absolute death (for some members had voted the punishment of death conditionally) was carried by a majority of twenty-five out of more than seven hundred.

I return from this digression to the proper subject of my memorial.(1)

1 This and the preceding five paragraphs, and five following the nest, are omitted from the American pamphlet.-- _Editor._.

Painful as the want of liberty may be, it is a consolation to me to believe, that my imprisonment proves to the world, that I had no share in the murderous system that then reigned. That I was an enemy to it, both morally and politically, is known to all who had any knowledge of me; and could I have written french as well as I can English, I would publicly have exposed its wickedness and shewn the ruin with which it was pregnant. They who have esteemed me on former occasions, whether in America or in Europe will, I know, feel no cause to abate that esteem, when they reflect, that _imprisonment with preservation of character is preferable to liberty with disgrace_.

I here close my Memorial and proceed to offer you a proposal that appears to me suited to all the circ.u.mstances of the case; which is, that you reclaim me conditionally, until the opinion of Congress can be obtained on the subject of my citizenship of America; and that I remain in liberty under your protection during that time.

I found this proposal upon the following grounds.

First, you say you have no orders respecting me; consequently, you have no orders _not_ to reclaim me; and in this case you are left discretionary judge whether to reclaim or not. My proposal therefore unites a consideration of your situation with my own.

Secondly, I am put in arrestation because I am a foreigner. It is therefore necessary to determine to what country I belong. The right of determining this question cannot appertain exclusively to the Committee of Public Safety or General Surety; because I appeal to the Minister of the United States, and show that my citizenship of that country is good and valid, referring at the same time, thro' the agency of the Minister, my claim of right to the opinion of Congress. It being a matter between two Governments.

Thirdly. France does not claim me fora citizen; neither do I set up any claim of citizenship in France. The question is simply, whether I am or am not a citizen of America. I am imprisoned here on the decree for imprisoning foreigners, because, say they, I was born in England. I say in answer that, though born in England, I am not a subject of the English Government any more than any other American who was born, as they all were, under the same Government, or than the Citizens of France are subjects of the French Monarchy under which they were born. I have twice taken the oath of abjuration to the British King and Government and of Allegiance to America,--once as a citizen of the State of Pennsylvania in 1776, and again before Congress, administered to me by the President, Mr. Hanc.o.c.k, when I was appointed Secretary in the Office of Foreign Affairs in 1777.

The letter before quoted in the first page of this memorial, says, "It would be out of character for an American minister to interfere in the internal affairs of France." This goes on the idea that I am a citizen of France, and a member of the Convention, which is not the fact. The Convention have declared me to be a foreigner; and consequently the citizenship and the election are null and void.(1) It also has the appearance of a Decision, that the article of the Const.i.tution, respecting grants made to American Citizens by foreign kings, princes, or states, is applicable to me; which is the very point in question, and against the application of which I contend. I state evidence to the Minister, to shew that I am not within the letter or meaning of that Article; that it cannot operate against me; and I apply to him for the protection that I conceive I have a right to ask and to receive. The internal affairs of France are out of the question with respect to my application or his interference. I ask it not as a citizen of France, for I am not one: I ask it not as a member of the Convention, for I am not one; both these, as before said, have been rendered null and void; I ask it not as a man against whom there is any accusation, for there is none; I ask it not as an exile from America, whose liberties I have honourably and generously contributed to establish; I ask it as a Citizen of America, deprived of his liberty in France, under the plea of being a foreigner; and I ask it because I conceive I am ent.i.tled to it, upon every principle of Const.i.tutional Justice and National honour.(2)

1 In the pamphlet: "The Convention included me in the vote for dismissing foreigners from the Convention, and the Committees imprisoned me as a foreigner."--_Editor._

2 All previous editions of the pamphlet end with this word.--_Editor._

But tho' I thus positively a.s.sert my claim because I believe I have a right to do so, it is perhaps most eligible, in the present situation of things, to put that claim upon the footing I have already mentioned; that is, that the Minister reclaims me conditionally until the opinion of Congress can be obtained on the subject of my citizenship of America, and that I remain in liberty under the protection of the Minister during that interval.

N. B. I should have added that as Gouverneur Morris could not inform Congress of the cause of my arrestation, as he knew it not himself, it is to be supposed that Congress was not enough acquainted with the case to give any directions respecting me when you came away.

T.P.

ADDENDA.

Letters, hitherto unpublished, written by Paine to Monroe before his release on November 4., 1794.

1. Luxembourg Mem Vendemaire, Old Style Oct 4th 1794

Dear Sir: I thank you for your very friendly and affectionate letter of the 18th September which I did not receive till this morning.(1) It has relieved my mind from a load of disquietude. You will easily suppose that if the information I received had been exact, my situation was without hope. I had in that case neither section, department nor Country, to reclaim me; but that is not all, I felt a poignancy of grief, in having the least reason to suppose that America had so soon forgotten me who had never forgotten her.

Mr. Labonadaire, in a note of yesterday, directed me to write to the Convention. As I suppose this measure has been taken in concert with you, I have requested him to shew you the letter, of which he will make a translation to accompany the original.

(I cannot see what motive can induce them to keep me in prison. It will gratify the English Government and afflict the friends I have in America. The supporters of the system of Terror might apprehend that if I was in liberty and in America I should publish the history of their crimes, but the present persons who have overset that immoral System ought to have no such apprehension. On the contrary, they ought to consider me as one of themselves, at least as one of their friends. Had I been an insignificant character I had not been in arrestation. It was the literary and philosophical reputation I had gained, in the world, that made them my Enemies; and I am the victim of the principles, and if I may be permitted to say it, of the talents, that procured me the esteem of America. My character is the _secret_ of my arrestation.)

1 Printed in the letter to Washington, chap. XXII. The delay of sixteen days in Monroe's letter was probably due to the manouvres of Paine's enemies on the Committee of Public Safety. He was released only after their removal from the Committee, and the departure of Gouverneur Morris.-- _Editor._,

If the letter I have written be not covered by other authority than my own it will have no effect, for they already know all that I can say. On what ground do they pretend to deprive America of the service of any of her citizens without a.s.signing a cause, or only the flimsy one of my being born in England? Gates, were he here, might be arrested on the same pretence, and he and Burgoyne be confounded together.

It is difficult for me to give an opinion, but among other things that occur to me, I think that if you were to say that, as it will be necessary to you to inform the Government of America of my situation, you require an explanation with the Committee upon that subject; that you are induced to make this proposal not only out of esteem for the character of the person who is the personal object of it, but because you know that his arrestation will distress the Americans, and the more so as it will appear to them to be contrary to their ideas of civil and national justice, it might perhaps have some effect. If the Committee [of Public Safety] will do nothing, it will be necessary to bring this matter openly before the Convention, for I do most sincerely a.s.sure you, from the observations that I hear, and I suppose the same are made in other places, that the character of America lies under some reproach.

All the world knows that I have served her, and they see that I am still in prison; and you know that when people can form a conclusion upon a simple fact, they trouble not themselves about reasons. I had rather that America cleared herself of all suspicion of ingrat.i.tude, though I were to be the victim.

You advise me to have patience, but I am fully persuaded that the longer I continue in prison the more difficult will be my liberation. There are two reasons for this: the one is that the present Committee, by continuing so long my imprisonment, will naturally suppose that my mind will be soured against them, as it was against those who put me in, and they will continue my imprisonment from the same apprehensions as the former Committee did; the other reason is, that it is now about two months since your arrival, and I am still in prison. They will explain this into an indifference upon my fate that will encourage them to continue my imprisonment. When I hear some people say that it is the Government of America that now keeps me in prison by not reclaiming me, and then pour forth a volley of execrations against her, I know not how to answer them otherwise than by a direct denial which they do not appear to believe. You will easily conclude that whatever relates to imprisonments and liberations makes a topic of prison conversation; and as I am now the oldest inhabitant within these walls, except two or three, I am often the subject of their remarks, because from the continuance of my imprisonment they auger ill to themselves. You see I write you every thing that occurs to me, and I conclude with thanking you again for your very friendly and affectionate letter, and am with great respect,

Your's affectionately,

Thomas Paine.

(To day is the anniversary of the action at German Town. [October 4, 1777.] Your letter has enabled me to contradict the observations before mentioned.)

2. Oct 13, 1794 Dear Sir: On the 28th of this Month (October) I shall have suffered ten months imprisonment, to the dishonour of America as well as of myself, and I speak to you very honestly when I say that my patience is exhausted. It is only my actual liberation that can make me believe it. Had any person told me that I should remain in prison two months after the arrival of a new Minister, I should have supposed that he meant to affront me as an American. By the friendship and sympathy you express in your letter you seem to consider my imprisonment as having connection only with myself, but I am certain that the inferences that follow from it have relation also to the National character of America, I already feel this in myself, for I no longer speak with pride of being a citizen of that country. Is it possible Sir that I should, when I am suffering unjust imprisonment under the very eye of her new Minister?

While there was no Minister here (for I consider Morris as none) n.o.body wondered at my imprisonment, but now everybody wonders. The continuance of it under a change of diplomatic circ.u.mstances, subjects me to the suspicion of having merited it, and also to the suspicion of having forfeited my reputation with America; and it subjects her at the same time to the suspicion of ingrat.i.tude, or to the reproach of wanting national or diplomatic importance. The language that some Americans have held of my not being considered as an American citizen, tho'

contradicted by yourself, proceeds, I believe, from no other motive, than the shame and dishonour they feel at the imprisonment of a fellow-citizen, and they adopt this apology, at my expence, to get rid of that disgrace. Is it not enough that I suffer imprisonment, but my mind also must be wounded and tortured with subjects of this kind? Did I reason from personal considerations only, independent of principles and the pride of having practiced those principles honourably, I should be tempted to curse the day I knew America. By contributing to her liberty I have lost my own, and yet her Government beholds my situation in silence. Wonder not, Sir, at the ideas I express or the language in which I express them. If I have a heart to feel for others I can feel also for myself, and if I have anxiety for my own honour, I have it also for a country whose suffering infancy I endeavoured to nourish and to which I have been enthusiastically attached. As to patience I have practiced it long--as long as it was honorable to do so, and when it goes beyond that point it becomes meanness.

I am inclined to believe that you have attended to my imprisonment more as a friend than as a Minister. As a friend I thank you for your affectionate attachment. As a Minister you have to look beyond me to the honour and reputation of your Government; and your Countrymen, who have accustomed themselves to consider any subject in one line of thinking only, more especially if it makes a strong [impression] upon them, as I believe my situation has made upon you, do not immediately see the matters that have relation to it in another line; and it is to bring these two into one point that I offer you these observations. A citizen and his country, in a case like mine, are so closely connected that the case of one is the case of both.

When you first arrived the path you had to pursue with respect to my liberation was simple. I was imprisoned as a foreigner; you knew that foreigner to be a citizen of America, and you knew also his character, and as such you should immediately have reclaimed him. You could lose nothing by taking strong ground, but you might lose much by taking an inferior one; but instead of this, which I conceive would have been the right line of acting, you left me in their hands on the loose intimation that my liberation would take place without your direct interference, and you strongly recommended it to me to wait the issue. This is more than seven weeks ago and I am still in prison. I suspect these people are trifling with you, and if they once believe they can do that, you will not easily get any business done except what they wish to have done.

When I take a review of my whole situation--my circ.u.mstances ruined, my health half destroyed, my person imprisoned, and the prospect of imprisonment still staring me in the face, can you wonder at the agony of my feelings? You lie down in safety and rise to plenty; it is otherwise with me; I am deprived of more than half the common necessaries of life; I have not a candle to burn and cannot get one.

Fuel can be procured only in small quant.i.ties and that with great difficulty and very dear, and to add to the rest, I am fallen into a relapse and am again on the sick list. Did you feel the whole force of what I suffer, and the disgrace put upon America by this injustice done to one of her best and most affectionate citizens, you would not, either as a friend or Minister, rest a day till you had procured my liberation.

It is the work of two or three hours when you set heartily about it, that is, when you demand me as an American citizen, or propose a conference with the Committee upon that subject; or you may make it the work of a twelve-month and not succeed. I know these people better than you do.

You desire me to believe that "you are placed here on a difficult Theatre with many important objects to attend to, and with but few to consult with, and that it becomes you in pursuit of these to regulate your conduct with respect to each, as to manner and time, as will in your judgment be best calculated to accomplish the whole." As I know not what these objects are I can say nothing to that point. But I have always been taught to believe that the liberty of a Citizen was the first object of all free Governments, and that it ought not to give preference to, or be blended with, any other. It is that public object that all the world can see, and which obtains an influence upon public opinion more than any other. This is not the case with the objects you allude to. But be those objects what they may, can you suppose you will accomplish them the easier by holding me in the back-ground, or making me only an accident in the negotiation? Those with whom you confer will conclude from thence that you do not feel yourself very strong upon those points, and that you politically keep me out of sight in the meantime to make your approach the easier.

There is one part in your letter that is equally as proper should be communicated to the Committee as to me, and which I conceive you are under some diplomatic obligation to do. It is that part which you conclude by saying that "_to the welfare of Thomas Paine the Americans are not and cannot be indifferent_." As it is impossible the Americans can preserve their esteem for me and for my oppressors at the same time, the injustice to me strikes at the popular part of the Treaty of Alliance. If it be the wish of the Committee to reduce the treaty to a mere skeleton of Government forms, they are taking the right method to do it, and it is not improbable they will blame you afterwards for not in-forming them upon the subject. The disposition to retort has been so notorious here, that you ought to be guarded against it at all points.

You say in your letter that you doubt whether the gentleman who informed me of the language held by some Americans respecting my citizenship of America conveyed even his own ideas clearly upon the subject.(1) I know not how this may be, but I believe he told me the truth. I received a letter a few days ago from a friend and former comrade of mine in which he tells me, that all the Americans he converses with, say, that I should have been in liberty long ago if the Minister could have reclaimed me as an American citizen. When I compare this with the counter-declarations in your letter I can explain the case no otherwise than I have already done, that it is an apology to get rid of the shame and dishonour they feel at the imprisonment of an American citizen, and because they are not willing it should be supposed there is want of influence in the American Emba.s.sy. But they ought to see that this language is injurious to me.

On the 2d of this month Vendemaire I received a line from Mr. Beresford in which he tells me I shall be in liberty in two or three days, and that he has this from good authority. On the 12th I received a note from Mr. Labonadaire, written at the Bureau of the Concierge, in which he tells me of the interest you take in procuring my liberation, and that after the steps that had been already taken that I ought to write to the Convention to demand my liberty _purely and simply_ as a citizen of the United States of America. He advised me to send the letter to him, and he would translate it. I sent the letter inclosing at the same time a letter to you. I have heard nothing since of the letter to the Convention. On the 17th I received a letter from my former comrade Vanhuele, in which he says "I am just come from Mr. Russell who had yesterday a conversation with your Minister and your liberation is certain--you will be in liberty to-morrow." Vanhuele also adds, "I find the advice of Mr. Labonadaire good, for tho' you have some enemies in the Convention, the strongest and best part are in your favour." But the case is, and I felt it whilst I was writing the letter to the Convention, that there is an awkwardness in my appearing, you being present; for every foreigner should apply thro' his Minister, or rather his Minister for him.

1 The letter of Peter Whiteside, quoted at the beginning of the Memorial. See introduction to the Memorial. It would seem from this whole letter that it was not known by Americans in Paris that Monroe had been kept ont of his office by Morris for nearly a month after his arrival in Paris.--_Editor._

When I thus see day after day and month after month, and promise after promise, pa.s.s away without effect, what can I conclude but that either the Committees are secretly determined not to let me go, or that the measures you take are not pursued with the vigor necessary to give them effect; or that the American National character is without sufficient importance in the French Republic? The latter will be gratifying to the English Government. In short, Sir, the case is now arrived to that crisis, that for the sake of your own reputation as a Minister you ought to require a positive answer from the Committee. As to myself, it is more agreeable to me now to contemplate an honourable destruction, and to perish in the act of protesting against the injustice I suffer, and to caution the people of America against confiding too much in the Treaty of Alliance, violated as it has been in every principle, and in my imprisonment though an American Citizen, than remain in the wretched condition I am. I am no longer of any use to the world or to myself.

There was a time when I beheld the Revolution of the 10th. Thermidor [the fall of Robespierre] with enthusiasm. It was the first news my comrade Vanhuele communicated to me during my illness, and it contributed to my recovery. But there is still something rotten at the Center, and the Enemies that I have, though perhaps not numerous, are more active than my friends. If I form a wrong opinion of men or things it is to you I must look to set me right. You are in possession of the secret. I know nothing of it. But that I may be guarded against as many wants as possible I shall set about writing a memorial to Congress, another to the State of Pennsylvania, and an address to the people of America; but it will be difficult for me to finish these until I know from yourself what applications you have made for my liberation, and what answers you have received.

Ah, Sir, you would have gotten a load of trouble and difficulties off your hands that I fear will multiply every day, had you made it a point to procure my liberty when you first arrived, and not left me floating on the promises of men whom you did not know. You were then a new character. You had come in consequence of their own request that Morris should be recalled; and had you then, before you opened any subject of negociation that might arise into controversy, demanded my liberty either as a Civility or as a Right I see not how they could have refused it.

I have already said that after all the promises that have been made I am still in prison. I am in the dark upon all the matters that relate to myself. I know not if it be to the Convention, to the Committee of Public Safety, of General Surety, or to the deputies who come sometimes to the Luxembourg to examine and put persons in liberty, that applications have been made for my liberation. But be it to whom it may, my earnest and pressing request to you as Minister is that you will bring this matter to a conclusion by reclaiming me as an American citizen imprisoned in France under the plea of being a foreigner born in England; that I may know the result, and how to prepare the Memorials I have mentioned, should there be occasion for them. The right of determining who are American citizens can belong only to America. The Convention have declared I am not a French Citizen because she has declared me to be a foreigner, and have by that declaration cancelled and annulled the vote of the former a.s.sembly that conferred the t.i.tle of Citizen upon Citizens or subjects of other Countries. I should not be honest to you nor to myself were I not to express myself as I have done in this letter, and I confide and request you will accept it in that sense and in no other.

I am, with great respect, your suffering fellow-citizen,

Thomas Paine.

P. S.--If my imprisonment is to continue, and I indulge very little hope to the contrary, I shall be under the absolute necessity of applying to you for a supply of several articles. Every person here have their families or friends upon the spot who make provision for them. This is not the case with me; I have no person I can apply to but the American Minister, and I can have no doubt that if events should prevent my repaying the expence Congress or the State of Pennsylvania will discharge it for me.