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)