The Writings Of Thomas Paine, Volume III. / 1791-1804

by Thomas Paine

Every politician ought to know, and every civilian does know, that the Law of Treaty of Alliance, and also that of Amity and Commerce knows no distinction of American Citizens on account of the place of their birth, but recognizes all to be Citizens whom the Constitution and laws of the United States of America recognize as such; and if I recollect rightly there is an article in the Treaty of Commerce particular to this point. The law therefore which they have here, to put all persons in arrestation born in any of the Countries at war with France, is, when applied to Citizens of America born in England, Ireland, Scotland, Germany, or holland, a violation of the treaties of Alliance and of Commerce, because it assumes to make a distinction of Citizens which those Treaties and the Constitution of America know nothing of. This is a subject that officially comes under your cognizance as Minister, and it would be consistent that you expostulated with them upon the Case. That foolish old man Vadier, who was president of the Convention and of the Committee of Surety general when the Americans then in Paris went to the Bar of the Convention to reclaim me, gave them for answer that my being born in England was cause sufficient for imprisoning me. It happened that at least half those who went up with that address were in the same case with myself.

As to reclamations on the ground of Patriotism it is difficult to know what is to be understood by Patriotism here. There is not a vice, and scarcely a virtue, that has not as the fashion of the moment suited been called by the name of Patriotism. The wretches who composed the revolutionary tribunal of Nantz were the Patriots of that day and the criminals of this. The Jacobins called themselves Patriots of the first order, men up to the height of the circumstances, and they are now considered as an antidote to Patriotism. But if we give to Patriotism a fixed idea consistent with that of a Republic, it would signify a strict adherence to the principles of Moral Justice, to the equality of civil and political Rights, to the System of representative Government, and an opposition to every hereditary claim to govern; and of this species of Patriotism you know my character. But, Sir, there are men on the Committee who have changed their Party but not their principles. Their aim is to hold power as long as possible by preventing the establishment of a Constitution, and these men are and will be my Enemies, and seek to hold me in prison as long as they can. I am too good a Patriot for them. It is not improbable that they have heard of the strange language held by some Americans that I am not considered in America as an American citizen, and they may also have heard say, that you had no orders respecting me, and it is not improbable that they interpret that language and that silence into a connivance at my imprisonment. If they had not some ideas of this kind would they resist so long the civil efforts you make for my liberation, or would they attach so much importance to the imprisonment of an Individual as to risque (as you say to me) the good understanding that exists between the two Countries?You also say that it is impossible for any person to do more than you have done without adopting the other means, meaning that of reclaiming me. How then can you account for the want of success after so many efforts, and such a length of time, upwards of ten weeks, without supposing that they fortify themselves in the interpretation I have just mentioned? I can admit that it was not necessary to give orders, and that it was difficult to give direct orders, for I much question if Morris had informed Congress or the President of the whole of the case, or had sent copies of my letters to him as I had desired him to do. You would find the case here when you came, and you could not fully understand it till you did come, and as Minister you would have authority to act upon it. But as you inform me that you know what the wishes of the President are, you will see also that his reputation is exposed to some risque, admitting there to be ground for the supposition I have made. It will not add to his popularity to have it believed in America, as I am inclined to think the Committee believe here, that he connives at my imprisonment. You say also that it is known to everybody that you wish my liberation. It is, Sir, because they know your wishes that they misinterpret the means you use. They suppose that those mild means arise from a restriction that you cannot use others, or from a consciousness of some defect on my part of which you are unwilling to provoke the enquiry.

But as you ask me if it be my wish that you should embark in this controversy and risque the consequences with respect to myself, I will answer this part of the question by marking out precisely the part I wish you to take. What I mean is a sort of middle line above what you have yet gone, and not up to the full extremity of the case, which will still lie in reserve. It is to write a letter to the Committee that shall in the first place defeat by anticipation all the objections they might make to a simple reclamation, and at the same time make the ground good for that object. But, instead of sending the letter immediately, to invite some of the Committee to your house and to make that invitation the opportunity of shewing them the letter, expressing at the same time a wish that you had done this, from a hope that the business might be settled in an amicable manner without your being forced into an official interference, that would excite the observations of the Enemies of both Countries, and probably interrupt the harmony that subsisted between the two republics. But as I can not convey the ideas I wish you to use by any means so concisely or so well as to suppose myself the writer of the letter I shall adopt this method and you will make use of such parts or such ideas of it as you please if you approve the plan. Here follows the supposed letter:

Citizens: When I first arrived amongst you as Minister from the United States of America I was given to understand that the liberation of Thomas Paine would take place without any official interference on my part. This was the more agreeable to me as it would not only supercede the necessity of that interference, but would leave to yourselves the whole opportunity of doing justice to a man who as far as I have been able to learn has suffered much cruel treatment under what you have denominated the system of Terror. But as I find my expectations have not been fulfilled I am under the official necessity of being more explicit upon the subject than I have hitherto been.

Permit me, in the first place, to observe that as it is impossible for me to suppose that it could have been the intention of France to seduce any citizens of America from their allegiance to their proper country by offering them the title of French citizen, so must I be compelled to believe, that the title of French citizen conferred on Thomas Paine was intended only as a mark of honorary respect towards a man who had so eminently distinguished himself in defence of liberty, and on no occasion more so than in promoting and defending your own revolution. For a proof of this I refer you to his two works entitled Rights of Man. Those works have procured to him an addition of esteem in America, and I am sorry they have been so ill rewarded in France. But be this title of French Citizen more or less, it is now entirely swept away by the vote of the Convention which declares him to be a foreigner, and which supercedes the vote of the Assembly that conferred that title upon him, consequently upon the case superceded with it.

In consequence of this vote of the Convention declaring him to be a foreigner the former Committees have imprisoned him. It is therefore become my official duty to declare to you that the foreigner thus imprisoned is a citizen of the United States of America as fully, as legally, as constitutionally as myself, and that he is moreover one of the principal founders of the American Republic.

I have been informed of a law or decree of the Convention which subjects foreigners born in any of the countries at war with France to arrestation and imprisonment. This law when applied to citizens of America born in England is an infraction of the Treaty of Alliance and of Amity and Commerce, which knows no distinction of American citizens on account of the place of their birth, but recognizes all to be citizens whom the Constitution and laws of America recognize as such. The circumstances under which America has been peopled requires this guard on her Treaties, because the mass of her citizens are composed not of natives only but also of the natives of almost all the countries of Europe who have sought an asylum there from the persecutions they experienced in their own countries. After this intimation you will without doubt see the propriety of modelling that law to the principles of the Treaty, because the law of Treaty in cases where it applies is the governing law to both parties alike, and it cannot be infracted without hazarding the existence of the Treaty.

Of the Patriotism of Thomas Paine I can speak fully, if we agree to give to patriotism a fixed idea consistent with that of a republic. It would then signify a strict adherence to Moral Justice, to the equality of civil and political rights, to the system of representative government, and an opposition to all hereditary claims to govern. Admitting patriotism to consist in these principles, I know of no man who has gone beyond Thomas Paine in promulgating and defending them, and that for almost twenty years past.

I have now spoken to you on the principal matters concerned in the case of Thomas Paine. The title of French citizen which you had enforced upon him, you have since taken away by declaring him to be a foreigner, and consequently this part of the subject ceases of itself. I have declared to you that this foreigner is a citizen of the United States of America, and have assured you of his patriotism.

I cannot help at the same time repeating to you my wish that his liberation had taken place without my being obliged to go thus far into the subject, because it is the mutual interest of both republics to avoid as much as possible all subjects of controversy, especially those from which no possible good can flow. I still hope that you will save me the unpleasant task of proceeding any farther by sending me an order for his liberation, which the injured state of his health absolutely requires. I shall be happy to receive such an order from you and happy in presenting it to him, for to the welfare of Thomas Paine the Americans are not and cannot be indifferent.