The law, called the Sedition Law, enacted, that if any person should write or publish, or cause to be written or published, any libel [without defining what a libel is] against the Government of the United States, or either house of congress, or against the President, he should be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.

But it is a much greater crime for a president to plot against a Const.i.tution and the liberties of the people, than for an individual to plot against a President; and consequently, John Adams is accountable to the public for his conduct, as the individuals under his administration were to the sedition law.

The object, however, of an enquiry, in this case, is not to punish, but to satisfy; and to shew, by example, to future administrations, that an abuse of power and trust, however disguised by appearances, or rendered plausible by pretence, is one time or other to be accounted for.

Thomas Paine.

BORDENTOWN, ON THE DELAWARE,

New Jersey, March 12, 1803. vol. III--27

LETTER VII.

EDITOR'S PREFACE.

This letter was printed in _The True American_, Trenton, New Jersey, soon after Paine's return to his old home at Bordenton. It is here printed from the original ma.n.u.script, for which I am indebted to Mr. W. F. Havemeyer of New York.

Although the Editor has concluded to present Paine's "Maritime Compact" in the form he finally gave it, the articles were printed in French in 1800, and by S. H. Smith, Washington, at the close of the same year. There is an interesting history connected with it. John Hall, in his diary ("Trenton, 20 April, 1787") relates that Paine told him of Dr. Franklin, whom he (Paine) had just visited in Philadelphia, and the Treaty he, the Doctor, made with the late King of Prussia by adding an article that, should war ever break out, Commerce should be free. The Doctor said he showed it to Vergennes, who said it met his idea, and was such as he would make even with England. In his Address to the People of France, 1797 (see p. 366), Paine closes with a suggestion on the subject, and a year later (September 30, 1798), when events were in a critical condition, he sent nine articles of his proposed _Pacte Maritime_ to Talleyrand, newly appointed Minister of Foreign Affairs. The letters that pa.s.sed are here taken from the originals (State Archives, Paris, etats Unis, vol. 48).

"Rue Theatre francaise, No. 4, 9 Vendemaire, 6 year.

"Citizen Minister: I promised you some observations on the state of things between France and America. I divide the case into two parts.

First, with respect to some Method that shall effectually put an end to all interruptions of the American Commerce. Secondly, with respect to the settlement for the captures that have been made on that Commerce.

"As to the first case (the interruption of the American Commerce by France) it has foundation in the British Treaty, and it is the continuance of that treaty that renders the remedy difficult. Besides, the American administration has blundered so much in the business of treaty-making, that it is probable it will blunder again in making another with France. There is, however, one method left, and there is but one that I can see, that will be effectual. It is a _non-importation Convention; that America agrees not to import from any Nation in Europe who shall interrupt her Commerce on the seas, any goods, wares, or merchandize whatever, and that all her ports shall be shut against the Nation that gives the offence_. This will draw America out of her difficulties with respect to her treaty with England.

"But it will be far better if this non-importation convention were to be a general convention of Nations acting as a Whole. It would give a better protection to Neutral Commerce than the armed neutrality could do. I would rather be a Neutral Nation under the protection of such a Convention, which costs nothing to make it, than be under the protection of a navy equal to that of Great Britain. France should be the patron of such a Convention and sign it. It would be giving both her consent and her protection to the Rights of Neutral Nations. If England refuse to sign it she will nevertheless be obliged to respect it, or lose all her Commerce.

"I enclose you a plan I drew up about four months ago, when there was expectation that Mr. Madison would come to France. It has lain by me ever since.

"The second part, that of settlement for the captures, I will make the subject of a future correspondence. Salut et respect."

Talleyrand's Reply ("Foreign Relations, 15 Vendemaire An. 6," Oct.

6, 1797): "I have the honor to return you, Citizen, with very sincere thanks, your Letter to General Washington which you have had the goodness to show me.

"I have received the letter which you have taken the trouble to write me, the 9th of this month. I need not a.s.sure you of the appreciation with which I shall receive the further indications you promise on the means of terminating in a durable manner the differences which must excite your interest as a patriot and as a Republican. Animated by such a principle your ideas cannot fail to throw valuable light on the discussion you open, and which should have for its object to reunite the two Republics in whose alienation the enemies of liberty triumph."

Paine's plan made a good impression in France--He writes to Jefferson, October 6, 1800, that the Consul Le Brun, at an entertainment given to the American envoys, gave for his toast: "a l'union de 1' Amerique avec les Puissances du Nord pour faire respecter la liberte des mers."

The malignant mind, like the jaundiced eye, sees everything through a false medium of its own creating. The light of heaven appears stained with yellow to the distempered sight of the one, and the fairest actions have the form of crimes in the venomed imagination of the other.

For seven months, both before and after my return to America in October last, the apostate papers styling themselves "Federal" were filled with paragraphs and Essays respecting a letter from Mr. Jefferson to me at Paris; and though none of them knew the contents of the letter, nor the occasion of writing it, malignity taught them to suppose it, and the lying tongue of injustice lent them its aid.

That the public may no longer be imposed upon by Federal apostacy, I will now publish the Letter, and the occasion of its being written.

The Treaty negociated in England by John Jay, and ratified by the Washington Administration, had so disgracefully surrendered the right and freedom of the American flag, that all the Commerce of the United States on the Ocean became exposed to capture, and suffered in consequence of it. The duration of the Treaty was limited to two years after the war; and consequently America could not, during that period, relieve herself from the Chains which the Treaty had fixed upon her.

This being the case, the only relief that could come must arise out of something originating in Europe, that would, in its consequences, extend to America. It had long been my opinion that Commerce contained within itself the means of its own protection; but as the time for bringing forward any new system is not always happening, it is necessary to watch its approach, and lay hold of it before it pa.s.ses away.

As soon as the late Emperor Paul of Russia abandoned his coalition with England and become a Neutral Power, this Crisis of time, and also of circ.u.mstances, was then arriving; and I employed it in arranging a plan for the protection of the Commerce of Neutral Nations during War, that might, in its operation and consequences, relieve the Commerce of America. The Plan, with the pieces accompanying it, consisted of about forty pages. The Citizen Bonneville, with whom I lived in Paris, translated it into French; Mr. Skipwith, the American Consul, Joel Barlow, and myself, had the translation printed and distributed as a present to the Foreign Ministers of all the Neutral Nations then resident in Paris. This was in the summer of 1800.

It was ent.i.tled Maritime Compact (in French _Pacte Maritime_), The plan, exclusive of the pieces that accompanied it, consisted of the following Preamble and Articles.

MARITIME COMPACT.

Being an Unarmed a.s.sociation of Nations for the protection of the Rights and Commerce of Nations that shall be neutral in time of War.

Whereas, the Vexations and Injuries to which the Rights and Commerce of Neutral Nations have been, and continue to be, exposed during the time of maritime War, render it necessary to establish a law of Nations for the purpose of putting an end to such vexations and Injuries, and to guarantee to the Neutral Nations the exercise of their just Rights,

We, therefore, the undersigned Powers, form ourselves into an a.s.sociation, and establish the following as a Law of Nations on the Seas.

ARTICLE THE FIRST. Definition of the Rights of neutral Nations.

The Rights of Nations, such as are exercised by them in their intercourse with each other in time of Peace, are, and of right ought to be, the Rights of Neutral Nations at all times; because,

First, those Rights not having been abandoned by them, remain with them.

Secondly, because those Rights cannot become forfeited or void, in consequence of War breaking out between two or more other Nations.

A War of Nation against Nation being exclusively the act of the Nations that make the War, and not the act of the Neutral Nations, cannot, whether considered in itself or in its consequences, destroy or diminish the Rights of the Nations remaining in Peace.

ARTICLE THE SECOND.

The Ships and Vessels of Nations that rest neuter and at Peace with the World during a War with other Nations, have a Right to navigate freely on the Seas as they navigated before that War broke out, and to proceed to and enter the Port or Ports of any of the Belligerent Powers, _with the consent of that Power_, without being seized, searched, visited, or any ways interrupted, by the Nation or Nations with which that Nation is at War.

ARTICLE THE THIRD.

For the Conservation of the aforesaid Rights, We, the undersigned Powers, engaging to each other our Sacred Faith and Honour, declare,

That if any Belligerent Power shall seize, search, visit, or any ways interrupt any Ship or Vessel belonging to the Citizens or Subjects of any of the Powers composing this a.s.sociation, then each and all of the said undersigned Powers will cease to import, and will not permit to be imported into the Ports or Dominions of any of the said undersigned Powers, in any Ship or Vessel whatever, any Goods, wares, or Merchandize, produced or manufactured in, or exported from, the Dominions of the Power so offending against the a.s.sociation hereby established and Proclaimed.

ARTICLE THE FOURTH.

That all the Ports appertaining to any and all of the Powers composing this a.s.sociation shall be shut against the Flag of the offending Nation.

ARTICLE THE FIFTH.

That no remittance or payment in Money, Merchandize, or Bills of Exchange, shall be made by any of the Citizens, or Subjects, of any of the Powers composing this a.s.sociation, to the Citizens or Subjects of the offending Nation, for the Term of one year, or until reparation be made. The reparation to be ---- times the amount of the damages sustained.

ARTICLE THE SIXTH.