In the first place I wish to ask, what is here meant by the Government of America? The members who compose the Government are only individuals, when in conversation, and who, most probably, hold very different opinions upon the subject. Have Congress as a body made any declaration respecting me, that they now no longer consider me as a citizen? If they have not, anything they otherwise say is no more than the opinion of individuals, and consequently is not legal authority, nor anyways sufficient authority to deprive any man of his Citizenship. Besides, whether a man has forfeited his rights of Citizenship, is a question not determinable by Congress, but by a Court of Judicature and a Jury; and must depend upon evidence, and the application of some law or article of the Constitution to the case. No such proceeding has yet been had, and consequently I remain a Citizen until it be had, be that decision what it may; for there can be no such thing as a suspension of rights in the interim.
I am very well aware, and always was, of the article of the Constitution which says, as nearly as I can recollect the words, that "any citizen of the United States, who shall accept any title, place, or office, from any foreign king, prince, or state, shall forfeit and lose his right of Citizenship of the United States."
Had the Article said, that any citizen of the United States, who shall be a member of any foreign convention, for the purpose of forming a free constitution, shall forfeit and lose the right of citizenship of the United States, the article had been directly applicable to me; but the idea of such an article never could have entered the mind of the American Convention, and the present article is altogether foreign to the case with respect to me. It supposes a Government in active existence, and not a Government dissolved; and it supposes a citizen of America accepting titles and offices under that Government, and not a citizen of America who gives his assistance in a Convention chosen by the people, for the purpose of forming a Government de nouveau founded on their authority.
The late Constitution and Government of France was dissolved the 10th of August, 1792. The National legislative Assembly then in being, supposed itself without sufficient authority to continue its sittings, and it proposed to the departments to elect not another legislative Assembly, but a Convention for the express purpose of forming a new Constitution. When the Assembly were discoursing on this matter, some of the members said, that they wished to gain all the assistance possible upon the subject of free constitutions; and expressed a wish to elect and invite foreigners of any Nation to the Convention, who had distinguished themselves in defending, explaining, and propagating the principles of liberty. It was on this occasion that my name was mentioned in the Assembly. (I was then in England.)
1 In the American pamphlet a footnote, probably added by
Bache, here says: "Even this article does not exist in the
manner here stated." It is a pity Paine did not have in his
prison the article, which says: "No person holding any
office of profit or trust under them [the United States]
shall, without the consent of Congress, accept of any
present, emolument, office, or title of any kind whatever,
from any king, prince, or foreign State."—Editor.
After this, a deputation from a body of the french people, in order to remove any objection that might be made against my assisting at the proposed Convention, requested the Assembly, as their representatives, to give me the title of French Citizen; after which, I was elected a member of the Convention, in four different departments, as is already known.(1)
The case, therefore, is, that I accepted nothing from any king, prince, or state, nor from any Government: for France was without any Government, except what arose from common consent, and the necessity of the case. Neither did I make myself a servant of the french Republic, as the letter alluded to expresses; for at that time France was not a republic, not even in name. She was altogether a people in a state of revolution.
It was not until the Convention met that France was declared a republic, and monarchy abolished; soon after which a committee was elected, of which I was a member,(2) to form a Constitution, which was presented to the Convention [and read by Condorcet, who was also a member] the 15th and 16th of February following, but was not to be taken into consideration till after the expiration of two months,(3) and if approved of by the Convention, was then to be referred to the people for their acceptance, with such additions or amendments as the Convention should make.
1 The deputation referred to was described as the
"Commission Extraordinaire," in whose name M. Guadet moved
that the title of French Citizen be conferred on Priestley,
Paine, Bentham, Wilberforce, Clarkson, Mackintosh, David
Williams, Cormelle, Paw, Pestalozzi, Washington, Madison,
Hamilton, Klopstock, Koscinsko, Gorani, Campe, Anacharsis
Clootz, Gilleers. This was on August 26, and Paine was
elected by Calais on September 6,1792; and in the same week
by Oise, Somme, and Puy-de-Dome.—Editor.
2 Sieves, Paine, Brissot, Pétion, Vergniaud, Gensonne,
Barère, Danton, Condorcet.—Editor.
3 The remainder of this sentence is replaced in the American
pamphlet by the following: "The disorders and the
revolutionary government that took place after this put a
stop to any further progress upon the case."—Editor.
In thus employing myself upon the formation of a Constitution, I certainly did nothing inconsistent with the American Constitution. I took no oath of allegiance to France, or any other oath whatever. I considered the Citizenship they had presented me with as an honorary mark of respect paid to me not only as a friend to liberty, but as an American Citizen. My acceptance of that, or of the deputyship, not conferred on me by any king, prince, or state, but by a people in a state of revolution and contending for liberty, required no transfer of my allegiance or of my citizenship from America to France. There I was a real citizen, paying Taxes; here, I was a voluntary friend, employing myself on a temporary service. Every American in Paris knew that it was my constant intention to return to America, as soon as a constitution should be established, and that I anxiously waited for that event.