It is of little importance, in a const.i.tutional sense, to know what the terms to be proposed might be, because any terms other than those which the const.i.tution prescribes to a President are criminal. Neither do I see how Mr. Burr, or any other person put in the same condition, could have taken the oath prescribed by the const.i.tution to a President, which is, "_I do solemnly swear (or affirm,) that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect and defend the Const.i.tution of the United States_."

How, I ask, could such a person have taken such an oath, knowing at the same time that he had entered into the Presidency on terms unknown in the Const.i.tution, and private, and which would deprive him of the freedom and power of acting as President of the United States, agreeably to his const.i.tutional oath?

Mr. Burr, by not agreeing to terms, has escaped the danger to which they exposed him, and the perjury that would have followed, and also the punishment annexed thereto. Had he accepted the Presidency on terms unknown in the const.i.tution, and private, and had the transaction afterwards transpired, (which it most probably would, for roguery is a thing difficult to conceal,) it would have produced a sensation in the country too violent to be quieted, and too just to be resisted; and in any case the election must have been void.

But what are we to think of those members of Congress, who having taken an oath of the same const.i.tutional import as the oath of the President, violate that oath by tampering to obtain a President on private conditions. If this is not sedition against the const.i.tution and the country, it is difficult to define what sedition in a representative can be.

Say not that this statement of the case is the effect of personal or party resentment. No. It is the effect of _sincere concern_ that such corruption, of which this is but a sample, should, in the s.p.a.ce of a few years, have crept into a country that had the fairest opportunity that Providence ever gave, within the knowledge of history, of making itself an ill.u.s.trious example to the world.

What the terms were, or were to be, it is probable we never shall know; or what is more probable, that feigned ones, if any, will be given. But from the conduct of the party since that time we may conclude, that no taxes would have been taken off, that the clamour for war would have been kept up, new expences incurred, and taxes and offices increased in consequence; and, among the articles of a private nature, that the leaders in this seditious traffic were to stipulate with the mock President for lucrative appointments for themselves.

But if these plotters against the Const.i.tution understood their business, and they had been plotting long enough to be masters of it, a single article would have comprehended every thing, which is, _That the President (thus made) should be governed in all cases whatsoever by a private junto appointed by themselves_. They could then, through the medium of a mock President, have negatived all bills which their party in Congress could not have opposed with success, and reduced representation to a nullity.

The country has been imposed upon, and the real culprits are but few; and as it is necessary for the peace, harmony, and honour of the Union, to separate the deceiver from the deceived, the betrayer from the betrayed, that men who once were friends, and that in the worst of times, should be friends again, it is necessary, as a beginning, that this dark business be brought to full investigation. Ogden's letter is direct evidence of the fact of tampering to obtain a conditional President. He knows the two or three members of Congress that commissioned him, and they know who commissioned them.

Thomas Paine.

Federal City, Lovett's Hotel, Jan. 29th, 1803.

LETTER VI.(1)

1 The Aurora (Philadelphia).--_Editor._.

Religion and War is the cry of the Federalists; Morality and Peace the voice of Republicans. The union of Morality and Peace is congenial; but that of Religion and War is a paradox, and the solution of it is hypocrisy.

The leaders of the Federalists have no judgment; their plans no consistency of parts; and want of consistency is the natural consequence of want of principle.

They exhibit to the world the curious spectacle of an _Opposition_ without a _cause_, and conduct without system. Were they, as doctors, to prescribe medicine as they practise politics, they would poison their patients with destructive compounds.

There are not two things more opposed to each other than War and Religion; and yet, in the double game those leaders have to play, the one is necessarily the theme of their politics, and the other the text of their sermons. The week-day orator of Mars, and the Sunday preacher of Federal Grace, play like gamblers into each other's hands, and this they call Religion.

Though hypocrisy can counterfeit every virtue, and become the a.s.sociate of every vice, it requires a great dexterity of craft to give it the power of deceiving. A painted sun may glisten, but it cannot warm. For hypocrisy to personate virtue successfully it must know and feel what virtue is, and as it cannot long do this, it cannot long deceive.

When an orator foaming for War breathes forth in another sentence a _plaintive piety of words_, he may as well write hypocrisy on his front.

The late attempt of the Federal leaders in Congress (for they acted without the knowledge of their const.i.tuents) to plunge the country into War, merits not only reproach but indignation. It was madness, conceived in ignorance and acted in wickedness. The head and the heart went partners in the crime.

A neglect of punctuality in the performance of a treaty is made a _cause_ of war by the _Barbary powers_, and of remonstrance and explanation by _civilised powers_. The Mahometans of Barbary negociate by the sword--they seize first, and ex-postulate afterwards; and the federal leaders have been labouring to _barbarize_ the United States by adopting the practice of the Barbary States, and this they call honour.

Let their honour and their hypocrisy go weep together, for both are defeated. Their present Administration is too moral for hypocrites, and too economical for public spendthrifts.

A man the least acquainted with diplomatic affairs must know that a neglect in punctuality is not one of the legal causes of war, unless that neglect be confirmed by a refusal to perform; and even then it depends upon circ.u.mstances connected with it. The world would be in continual quarrels and war, and commerce be annihilated, if Algerine policy was the law of nations. And were America, instead of becoming an example to the old world of good and moral government and civil manners, or, if they like it better, of gentlemanly conduct towards other nations, to set up the character of ruffian, that of _word and blow, and the blow first_, and thereby give the example of pulling down the little that civilization has gained upon barbarism, her Independence, instead of being an honour and a blessing, would become a curse upon the world and upon herself.

The conduct of the Barbary powers, though unjust in principle, is suited to their prejudices, situation, and circ.u.mstances. The crusades of the church to exterminate them fixed in their minds the un.o.bliterated belief that every Christian power was their mortal enemy. Their religious prejudices, therefore, suggest the policy, which their situation and circ.u.mstances protect them in. As a people, they are neither commercial nor agricultural, they neither import nor export, have no property floating on the seas, nor ships and cargoes in the ports of foreign nations. No retaliation, therefore, can be acted upon them, and they sin secure from punishment.

But this is not the case with the United States. If she sins as a Barbary power, she must answer for it as a Civilized one. Her commerce is continually pa.s.sing on the seas exposed to capture, and her ships and cargoes in foreign ports to detention and reprisal. An act of War committed by her in the Mississippi would produce a War against the commerce of the Atlantic States, and the latter would have to curse the policy that provoked the former. In every point, therefore, in which the character and interest of the United States be considered, it would ill become her to set an example contrary to the policy and custom of Civilized powers, and practised only by the Barbary powers, that of striking before she expostulates.

But can any man, calling himself a Legislator, and supposed by his const.i.tuents to know something of his duty, be so ignorant as to imagine that seizing on New Orleans would finish the affair or even contribute towards it? On the contrary it would have made it worse. The treaty right of deposite at New Orleans, and the right of the navigation of the Mississippi into the Gulph of Mexico, are distant things. New Orleans is more than an hundred miles in the country from the mouth of the river, and, as a place of deposite, is of no value if the mouth of the river be shut, which either France or Spain could do, and which our possession of New Orleans could neither prevent or remove. New Orleans in our possession, by an act of hostility, would have become a blockaded port, and consequently of no value to the western people as a place of deposite. Since, therefore, an interruption had arisen to the commerce of the western states, and until the matter could be brought to a fair explanation, it was of less injury to have the port shut and the river open, than to have the river shut and the port in our possession.

That New Orleans could be taken required no stretch of policy to plan, nor spirit of enterprize to effect. It was like marching behind a man to knock him down: and the dastardly slyness of such an attack would have stained the fame of the United States. Where there is no danger cowards are bold, and Captain Bobadils are to be found in the Senate as well as on the stage. Even _Gouverneur_, on such a march, dare have shown a leg.(1)

1 Gouverneur Morris being now leader of the belligerent faction in Congress, Paine could not resist the temptation to allude to a well-known incident (related in his Diary and Letters, i., p. 14). A mob in Paris having surrounded his fine carriage, crying "Aristocrat!" Morris showed his wooden leg, declaring he had lost his leg in the cause of American liberty. Morris was never in any fight, his leg being lost by a commonplace accident while driving in Philadelphia. Although Paine's allusion may appear in bad taste, even with this reference, it was politeness itself compared with the brutal abuse which Morris (not content with imprisoning Paine in Paris) and his adherents were heaping on the author on his return to America; also on Monroe, whom Jefferson had returned to France to negotiate for the purchase of Louisiana.--_Editor._,

The people of the western country to whom the Mississippi serves as an inland sea to their commerce, must be supposed to understand the circ.u.mstances of that commerce better than a man who is a stranger to it; and as they have shown no approbation of the war-whoop measures of the Federal senators, it becomes presumptive evidence they disapprove them. This is a new mortification for those war-whoop politicians; for the case is, that finding themselves losing ground and withering away in the Atlantic States, they laid hold of the affair of New Orleans in the vain hope of rooting and reinforcing themselves in the western States; and they did this without perceiving that it was one of those ill judged hypocritical expedients in politics, that whether it succeeded or failed the event would be the same. Had their motion [that of Ross and Morris]

succeeded, it would have endangered the commerce of the Atlantic States and ruined their reputation there; and on the other hand the attempt to make a tool of the western people was so badly concealed as to extinguish all credit with them.

But hypocrisy is a vice of sanguine const.i.tution. It flatters and promises itself every thing; and it has yet to learn, with respect to moral and political reputation, it is less dangerous to offend than to deceive.

To the measures of administration, supported by the firmness and integrity of the majority in Congress, the United States owe, as far as human means are concerned, the preservation of peace, and of national honour. The confidence which the western people reposed in the government and their representatives is rewarded with success. They are reinstated in their rights with the least possible loss of time; and their harmony with the people of New Orleans, so necessary to the prosperity of the United States, which would have been broken, and the seeds of discord sown in its place, had hostilities been preferred to accommodation, remains unimpaired. Have the Federal ministers of the church meditated on these matters? and laying aside, as they ought to do, their electioneering and vindictive prayers and sermons, returned thanks that peace is preserved, and commerce, without the stain of blood?

In the pleasing contemplation of this state of things the mind, by comparison, carries itself back to those days of uproar and extravagance that marked the career of the former administration, and decides, by the unstudied impulse of its own feelings, that something must then have been wrong. Why was it, that America, formed for happiness, and remote by situation and circ.u.mstances from the troubles and tumults of the European world, became plunged into its vortex and contaminated with its crimes? The answer is easy. Those who were then at the head of affairs were apostates from the principles of the revolution. Raised to an elevation they had not a right to expect, nor judgment to conduct, they became like feathers in the air, and blown about by every puff of pa.s.sion or conceit.

Candour would find some apology for their conduct if want of judgment was their only defect. But error and crime, though often alike in their features, are distant in their characters and in their origin. The one has its source in the weakness of the head, the other in the hardness of the heart, and the coalition of the two, describes the former Administration.(1)

1 That of John Adams.--_Editor._

Had no injurious consequences arisen from the conduct of that Administration, it might have pa.s.sed for error or imbecility, and been permitted to die and be forgotten. The grave is kind to innocent offence. But even innocence, when it is a cause of injury, ought to undergo an enquiry.

The country, during the time of the former Administration, was kept in continual agitation and alarm; and that no investigation might be made into its conduct, it entrenched itself within a magic circle of terror, and called it a SEDITION LAW.(1) Violent and mysterious in its measures and arrogant in its manners, it affected to disdain information, and insulted the principles that raised it from obscurity. John Adams and Timothy Pickering were men whom nothing but the accidents of the times rendered visible on the political horizon. Elevation turned their heads, and public indignation hath cast them to the ground. But an inquiry into the conduct and measures of that Administration is nevertheless necessary.

The country was put to great expense. Loans, taxes, and standing armies became the standing order of the day. The militia, said Secretary Pickering, are not to be depended upon, and fifty thousand men must be raised. For what? No cause to justify such measures has yet appeared. No discovery of such a cause has yet been made. The pretended Sedition Law shut up the sources of investigation, and the precipitate flight of John Adams closed the scene. But the matter ought not to sleep here.

It is not to gratify resentment, or encourage it in others, that I enter upon this subject. It is not in the power of man to accuse me of a persecuting spirit. But some explanation ought to be had. The motives and objects respecting the extraordinary and expensive measures of the former Administration ought to be known. The Sedition Law, that shield of the moment, prevented it then, and justice demands it now. If the public have been imposed upon, it is proper they should know it; for where judgment is to act, or a choice is to be made, knowledge is first necessary. The conciliation of parties, if it does not grow out of explanation, partakes of the character of collusion or indifference.

1 Pa.s.sed July 14, 1798, to continue until March 3, 1801.

This Act, described near the close of this Letter, and one pa.s.sed June 35th, giving the President despotic powers over aliens in the United States, const.i.tuted the famous "Alien and Sedition Laws." Hamilton opposed them, and rightly saw in them the suicide of the Federal party.--_Editor._,

There has been guilt somewhere; and it is better to fix it where it belongs, and separate the deceiver from the deceived, than that suspicion, the bane of society, should range at large, and sour the public mind. The military measures that were proposed and carrying on during the former administration, could not have for their object the defence of the country against invasion. This is a case that decides itself; for it is self evident, that while the war raged in Europe, neither France nor England could spare a man to send to America. The object, therefore, must be something at home, and that something was the overthrow of the representative system of government, for it could be nothing else. But the plotters got into confusion and became enemies to each other. Adams hated and was jealous of Hamilton, and Hamilton hated and despised both Adams and Washington.(1) Surly Timothy stood aloof, as he did at the affair of Lexington, and the part that fell to the public was to pay the expense.(2)

1 Hamilton's bitter pamphlet against Adams appeared in 1800, but his old quarrel with Washington (1781) had apparently healed. Yet, despite the favors lavished by Washington on Hamilton, there is no certainty that the latter ever changed his unfavorable opinion of the former, as expressed in a letter to General Schuylor, Feb. 18, 1781 (Lodge's "Hamilton's Works," vol. viii., p. 35).--_Editor._

2 Colonel Pickering's failure, in 1775, to march his Salem troops in time to intercept the British retreat from Lexington was attributed to his half-heartedness in the patriotic cause.--_Editor._

But ought a people who, but a few years ago, were fighting the battles of the world, for liberty had no home but here, ought such a people to stand quietly by and see that liberty undermined by apostacy and overthrown by intrigue? Let the tombs of the slain recall their recollection, and the forethought of what their children are to be revive and fix in their hearts the love of liberty.

If the former administration can justify its conduct, give it the opportunity. The manner in which John Adams disappeared from the government renders an inquiry the more necessary. He gave some account of himself, lame and confused as it was, to certain _eastern wise men_ who came to pay homage to him on his birthday. But if he thought it necessary to do this, ought he not to have rendered an account to the public. They had a right to expect it of him. In that tete-a-tete account, he says, "Some measures were the effect of imperious necessity, much against my inclination." What measures does Mr. Adams mean, and what is the imperious necessity to which he alludes? "Others (says he) were measures of the Legislature, which, although approved when pa.s.sed, were never previously proposed or recommended by me." What measures, it may be asked, were those, for the public have a right to know the conduct of their representatives? "Some (says he) left to my discretion were never executed, because no necessity for them, in my judgment, ever occurred."

What does this dark apology, mixed with accusation, amount to, but to increase and confirm the suspicion that something was wrong?

Administration only was possessed of foreign official information, and it was only upon that information communicated by him publicly or privately, or to Congress, that Congress could act; and it is not in the power of Mr. Adams to show, from the condition of the belligerent powers, that any imperious necessity called for the warlike and expensive measures of his Administration.

What the correspondence between Administration and Rufus King in London, or Quincy Adams in Holland, or Berlin, might be, is but little known.

The public papers have told us that the former became cup-bearer from the London underwriters to Captain Truxtun,(1) for which, as Minister from a neutral nation, he ought to have been censured. It is, however, a feature that marks the politics of the Minister, and hints at the character of the correspondence.

1 Thomas Truxtun (1755-1822), for having captured the French frigate "L'Insurgente," off Hen's Island, 1799, was presented at Lloyd's coffee-house with plate to the value of 600 guineas. Rufus King (1755-1827), made Minister to England in 1796, continued under Adams, and for two years under Jefferson's administration.--_Editor._

I know that it is the opinion of several members of both houses of Congress, that an enquiry, with respect to the conduct of the late Administration, ought to be gone into. The convulsed state into which the country has been thrown will be best settled by a full and fair exposition of the conduct of that Administration, and the causes and object of that conduct. To be deceived, or to remain deceived, can be the interest of no man who seeks the public good; and it is the deceiver only, or one interested in the deception, that can wish to preclude enquiry.

The suspicion against the late Administration is, that it was plotting to overturn the representative system of government, and that it spread alarms of invasions that had no foundation, as a pretence for raising and establishing a military force as the means of accomplishing that object.