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 Genêt 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 passed 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 passed, 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 assuming 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 assigned in any document 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 Barère, of the
Committee of Public Safety. But as Otto was then, early in
September, 1793, Secretary in the Foreign Office, and Barère
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
Genêt 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 petitioners, 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.
À Paris le 14 février 1794, 26 pluviôse.
Le Minisire plénipotentiaire des États Unis de l'Amérique près la République française au Ministre des Affaires Étrangères.
Monsieur:
Thomas Paine vient de s'adresser à moi pour que je le réclame comme Citoyen des États Unis. Voici (je crois) les Faits que le regardent. Il est né en Angleterre. Devenu ensuite Citoyen des États Unis il s'y est acquise une grande célébrité par des Écrits révolutionnaires. En consequence il fût adopté Citoyen français et ensuite élu membre de la Convention. Sa conduite depuis cette époque n'est pas de mon ressort. J'ignore la cause de sa Détention actuelle dans la prison du Luxembourg, mais je vous prie Monsieur (si des raisons que ne me sont pas connues s'opposent à sa liberation) de vouloir bien m'en instruire pour que je puisse les communiquer au Gouvernement des États Unis. J'ai l'honneur d'être, Monsieur,
Votre très humble Serviteur
Gouv. Morris.