It is certain that governments upon similar systems agree better together than those that are founded on principles discordant with each other; and the same rule holds good with respect to the people living under them. In the latter case they offend each other by pity, or by reproach; and the discordancy carries itself to matters of commerce. I am not an ambitious man, but perhaps I have been an ambitious American. I have wished to see America the Mother Church of government, and I have done my utmost to exalt her character and her condition.
1 In the American pamphlet the name of Pinckney (American
Minister in England) is left blank in this paragraph, and
the two concluding sentences are omitted from both the
French and American pamphlets.—Editor.,
I have now stated sufficient matter, to shew that the Article in question is not applicable to me; and that any such application to my injury, as well in circumstances as in Rights, is contrary both to the letter and intention of that Article, and is illegal and unconstitutional. Neither do I believe that any Jury in America, when they are informed of the whole of the case, would give a verdict to deprive me of my Rights upon that Article. The citizens of America, I believe, are not very fond of permitting forced and indirect explanations to be put upon matters of this kind. I know not what were the merits of the case with respect to the person who was prosecuted for acting as prize master to a french privateer, but I know that the jury gave a verdict against the prosecution. The Rights I have acquired are dear to me. They have been acquired by honourable means, and by dangerous service in the worst of times, and I cannot passively permit them to be wrested from me. I conceive it my duty to defend them, as the case involves a constitutional and public question, which is, how far the power of the federal government (1) extends, in depriving any citizen of his Rights of Citizenship, or of suspending them.
That the explanation of National Treaties belongs to Congress is strictly constitutional; but not the explanation of the Constitution itself, any more than the explanation of Law in the case of individual citizens. These are altogether Judiciary questions. It is, however, worth observing, that Congress, in explaining the Article of the Treaty with respect to french prizes and french privateers, confined itself strictly to the letter of the Article. Let them explain the Article of the Constitution with respect to me in the same manner, and the decision, did it appertain to them, could not deprive me of my Rights of Citizenship, or suspend them, for I have accepted nothing from any king, prince, state, or Government.
You will please to observe, that I speak as if the federal Government had made some declaration upon the subject of my Citizenship; whereas the fact is otherwise; and your saying that you have no order respecting me is a proof of it. Those therefore who propagate the report of my not being considered as a Citizen of America by Government, do it to the prolongation of my imprisonment, and without authority; for Congress, as a government, has neither decided upon it, nor yet taken the matter into consideration; and I request you to caution such persons against spreading such reports. But be these matters as they may, I cannot have a doubt that you find and feel the case very different, since you have heard what I have to say, and known what my situation is [better] than you did before your arrival.
1 In the pamphlet occurs here a significant parenthesis by
Bache: "it should have been said in this case, how far the
Executive."—Editor..
But it was not the Americans only, but the Convention also, that knew what my intentions were upon that subject. In my last discourse delivered at the Tribune of the Convention, January 19,1793, on the motion for suspending the execution of Louis 16th, I said (the Deputy Bancal read the translation in French): "It unfortunately happens that the person who is the subject of the present discussion, is considered by the Americans as having been the friend of their revolution. His execution will be an affliction to them, and it is in your power not to wound the feelings of your ally. Could I speak the french language I would descend to your bar, and in their name become your petitioner to respite the execution of the sentence/"—"As the convention was elected for the express purpose of forming a Constitution, its continuance cannot be longer than four or five months more at furthest; and if, after my return to America, I should employ myself in writing the history of the french Revolution, I had rather record a thousand errors on the side of mercy, than be obliged to tell one act of severe Justice."—"Ah Citizens! give not the tyrant of England the triumph of seeing the man perish on a scaffold who had aided my much-loved America."
Does this look as if I had abandoned America? But if she abandons me in the situation I am in, to gratify the enemies of humanity, let that disgrace be to herself. But I know the people of America better than to believe it,(1) tho' I undertake not to answer for every individual.
When this discourse was pronounced, Marat launched himself into the middle of the hall and said that "I voted against the punishment of death because I was a quaker." I replied that "I voted against it both morally and politically."
1 In the French pamphlet: "pour jamais lui prêter du tels
sentiments."