You say in your letter that "I must be sensible that although I am an American citizen, yet if you interfere in my behalf as the Minister of my country you must demand my liberation only in case there be no charge against me; and that if there is I must be brought to trial previously, since no person in a private character can be exempt from the laws of the country in which he resides."—This is what I have twice attempted to do. I wrote a letter on the 3d Sans Culottodi(1) to the Deputies, members of the Committee of Surety General, who came to the Luxembourg to examine the persons detained. The letter was as follows:—"Citizens Representatives: I offer myself for examination. Justice is due to every Man. It is Justice only that I ask.—Thomas Paine."
As I was not called for examination, nor heard anything in consequence of my letter the first time of sending it, I sent a duplicate of it a few days after. It was carried to them by my good friend and comrade Vanhuele, who was then going in liberty, having been examined the day before. Vanhuele wrote me on the next day and said: "Bourdon de l'Oise [who was one of the examining Deputies] is the most inveterate enemy you can have. The answer he gave me when I presented your letter put me in such a passion with him that I expected I should be sent back again to prison." I then wrote a third letter but had not an opportunity of sending it, as Bourdon did not come any more till after I received Mr. Labonadaire's letter advising me to write to the Convention. The letter was as follows:—"Citizens, I have twice offered myself for examination, and I chose to do this while Bourdon de l'Oise was one of the Commissioners.
1 Festival of Labour, September 19, 1794.—Editor..
This Deputy has said in the Convention that I intrigued with an ancient agent of the Bureau of Foreign Affairs. My examination therefore while he is present will give him an opportunity of proving his charge or of convincing himself of his error. If Bourdon de l'Oise is an honest man he will examine me, but lest he should not I subjoin the following. That which B[ourdon] calls an intrigue was at the request of a member of the former Committee of Salut Public, last August was a twelvemonth. I met the member on the Boulevard. He asked me something in French which I did not understand and we went together to the Bureau of Foreign Affairs which was near at hand. The Agent (Otto, whom you probably knew in America) served as interpreter, The member (it was Barère) then asked me 1st, If I could furnish him with the plan of Constitution I had presented to the Committee of Constitution of which I was member with himself, because, he said, it contained several things which he wished had been adopted: 2dly, He asked me my opinion upon sending Commissioners to the United States of America: 3dly, If fifty or an hundred ship loads of flour could be procured from America. As verbal interpretation was tedious, it was agreed that I should give him my opinion in writing, and that the Agent [Otto] should translate it, which he did. I answered the first question by sending him the plan [of a Constitution] which he still has. To the second, I replied that I thought it would be proper to send Commissioners, because that in Revolutions circumstances change so fast that it was often necessary to send a better supply of information to an Ally than could be communicated by writing; and that Congress had done the same thing during the American War; and I gave him some information that the Commissioners would find useful on their arrival. I answered the third question by sending him a list of American exports two years before, distinguishing the several articles by which he would see that the supply he mentioned could be obtained. I sent him also the plan of Paul Jones, giving it as his, for procuring salt-petre, which was to send a squadron (it did not require a large one) to take possession of the Island of St. Helen's, to keep the English flag flying at the port, that the English East India ships coming from the East Indies, and that ballast with salt-petre, might be induced to enter as usual; And that it would be a considerable time before the English Government could know of what had happened at St. Helen's. See here what Bourdon de l'Oise has called an intrigue.—If it was an intrigue it was between a Committee of Salut Public and myself, for the Agent was no more than the interpreter and translator, and the object of the intrigue was to furnish France with flour and salt-petre."—I suppose Bourdon had heard that the agent and I were seen together talking English, and this was enough for him to found his charge upon.(1)
You next say that "I must likewise be sensible that although I am an American citizen that it is likewise believed there [in America] that I am become a citizen of France, and that in consequence this latter character has so far [illegible] the former as to weaken if not destroy any claim you might have to interpose in my behalf." I am sorry I cannot add any new arguments to those I have already advanced on this part of the subject. But I cannot help asking myself, and I wish you would ask the Committee, if it could possibly be the intention of France to kidnap citizens from America under the pretence of dubbing them with the title of French citizens, and then, after inviting or rather enveigling them into France, make it a pretence for detaining them? If it was, (which I am sure it was not, tho' they now act as if it was) the insult was to America, tho' the injury was to me, and the treachery was to both.
1 The communications of Paine to Barère are given in my
"Life of Paine," vol. ii-i PP. 73, 87. Otto was Secretary to
the Minister of Foreign Affairs when he acted as interpreter
between Paine and Barère. There was never any charge at all
made against Paine, as the Archives of France now prove,
save that he was a "foreigner." Paine was of coarse ignorant
of the conspiracy between Morris and Deforgues which had
imprisoned him. Bourdon de l'Oise, one of the most cruel
Jacobins and Terrorists, afterwards conspired with Pichegru
to overthrow the Republic, and was with him banished (1797)
to Sinamari, South America, where he died soon after his
arrival.—Editor..
Did they mean to kidnap General Washington, Mr. Madison, and several other Americans whom they dubbed with the same title as well as me? Let any man look at the condition of France when I arrived in it,—invaded by Austrians and Prussians and declared to be in danger,—and then ask if any man who had a home and a country to go to, as I had in America, would have come amongst them from any other motive than of assisting them. If I could possibly have supposed them capable of treachery I certainly would not have trusted myself in their power. Instead therefore of your being unwilling or apprehensive of meeting the question of French citizenship, they ought to be ashamed of advancing it, and this will be the case unless you admit their arguments or objections too passively. It is a case on their part fit only for the continuations of Robespierre to set up. As to the name of French citizen, I never considered it in any other light, so far as regarded myself, than as a token of honorary respect. I never made them any promise nor took any oath of allegiance or of citizenship, nor bound myself by an act or means whatever to the performance of any thing. I acted altogether as a friend invited among them as I supposed on honorable terms. I did not come to join myself to a Government already formed, but to assist in forming one de nouveau, which was afterwards to be submitted to the people whether they would accept it or not, and this any foreigner might do. And strictly speaking there are no citizens before this is a government. They are all of the People. The Americans were not called citizens till after Government was established, and not even then until they had taken the oath of allegiance. This was the case in Pennsylvania. But be this French citizenship more or less, the Convention have swept it away by declaring me to be a foreigner, and imprisoning me as such; and this is a short answer to all those who affect to say or to believe that I am French Citizen. A Citizen without Citizenship is a term non-descript.
After the two preceeding paragraphs you ask—"If it be my wish that you should embark in this controversy (meaning that of reclaiming me) and risque the consequences with respect to myself and the good understanding subsisting between the two countries, or, without relinquishing any point of right, and which might be insisted on in case of extremities, pursue according to your best judgment and with the light before you, the object of my liberation?"
As I believe from the apparent obstinacy of the Committees that circumstances will grow towards the extremity you mention, unless prevented beforehand, I will endeavour to throw into your hands all the lights I can upon the subject.
In the first place, reclamation may mean two distinct things. All the reclamations that are made by the sections in behalf of persons detained as suspect are made on the ground that the persons so detained are patriots, and the reclamation is good against the charge of "suspect" because it proves the contrary. But my situation includes another circumstance. I am imprisoned on the charge (if it can be called one) of being a foreigner born in England. You know that foreigner to be a citizen of the United States of America, and that he has been such since the 4th of July 1776, the political birthday of the United States, and of every American citizen, for before that period all were British subjects, and the States, then provinces, were British dominions.—Your reclamation of me therefore as a citizen of the United States (all other considerations apart) is good against the pretence for imprisoning me, or that pretence is equally good against every American citizen born in England, Ireland, Scotland, Germany, or Holland, and you know this description of men compose a very great part of the population of the three States of New York, New Jersey, and Pennsylvania, and make also a part of Congress, and of the State Legislatures.