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The Life Of Thomas Paine, Vol. 2. (of 2) / With A History of His Literary, Political and Religious Career in America France, and England cover

The Life Of Thomas Paine, Vol. 2. (of 2) / With A History of His Literary, Political and Religious Career in America France, and England

Chapter 8: CHAPTER III. REVOLUTION VS. CONSTITUTION
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About This Book

The biography follows a controversial public figure through the tumult of the revolutionary era, detailing influential pamphlets, prosecutions, election to a revolutionary assembly, imprisonment during political purges, and transatlantic efforts to promote republican principles. It examines personal friendships and public enmities, the publication of provocative religious critiques and the backlash they provoked, periods of exile and attempted rehabilitation, and the contested closing years of life. Appendices gather contemporary sketches, correspondence and manuscript fragments, together with engraved likenesses that illuminate character and the shifting public reception of his ideas.

     * Zachanah Wilkes did not fail to return, or Paine to greet
     him with safety, and the words, "There is yet English blood
     in England." But here Landor passes off into an imaginative
     picture of villages rejoicing at the fall of Robespierre.
     Paine himself had then been in prison seven months; so we
     can only conjecture the means by which Zachariah was
     liberated.—Lander's Works, London, 1853, i., p. 296.

"I published the second part of the 'Rights of Man' in London, in February, 1792, and I continued in London till I was elected a member of the French Convention, in September of that year; and went from London to Paris to take my seat in the Convention, which was to meet the 20th of that month. I arrived in Paris on the 19th. After the Convention met, Miranda came to Paris, and was appointed general of the French army, under General Dumouriez. But as the affairs of that army went wrong in the beginning of the year 1793, Miranda was suspected, and was brought under arrest to Paris to take his trial. He summoned me to appear to his character, and also a Mr. Thomas Christie, connected with the house of Turnbull and Forbes. I gave my testimony as I believed, which was, that his leading object was and had been the emancipation of his country, Mexico, from the bondage of Spain; for I did not at that time know of his engagements with Pitt Mr. Christie's evidence went to show that Miranda did not come to France as a necessitous adventurer; but believed he came from public-spirited motives, and that he had a large sum of money in the hands of Turnbull and Forbes. The house of Turnbull and Forbes was then in a contract to supply Paris with flour. Miranda was acquitted.

"A few days after his acquittal he came to see me, and in a few days afterwards I returned his visit. He seemed desirous of satisfying me that he was independent, and that he had money in the hands of Turnbull and Forbes. He did not tell me of his affair with old Catharine of Russia, nor did I tell him that I knew of it. But he entered into conversation with respect to Nootka Sound, and put into my hands several letters of Mr. Pitt's to him on that subject; amongst which was one which I believe he gave me by mistake, for when I had opened it, and was beginning to read it, he put forth his hand and said, 'O, that is not the letter I intended'; but as the letter was short I soon got through with it, and then returned it to him without making any remarks upon it. The dispute with Spain was then compromised; and Pitt compromised with Miranda for his services by giving him twelve hundred pounds sterling, for this was the contents of the letter.

"Now if it be true that Miranda brought with him a credit upon certain persons in New York for sixty thousand pounds sterling, it is not difficult to suppose from what quarter the money came; for the opening of any proposals between Pitt and Miranda was already made by the affair of Nootka Sound. Miranda was in Paris when Mr. Monroe arrived there as Minister; and as Miranda wanted to get acquainted with him, I cautioned Mr. Monroe against him, and told him of the affair of Nootka Sound, and the twelve hundred pounds.

"You are at liberty to make what use you please of this letter, and with my name to it."

Here we find a paid agent of Pitt calling on outlawed Paine for aid, by his help liberated from prison; and, when his true character is accidentally discovered, and he is at the outlaw's mercy, spared,—no doubt because this true English ambassador, who could not enter England, saw that at the moment passionate vengeance had taken the place of justice in Paris. Lord Gower had departed, and Paine must try and shield even his English enemies and their agents, where, as in Miranda's case, the agency did not appear to affect France. This was while his friends in England were hunted down with ferocity.

In the earlier stages of the French Revolution there was much sympathy with it among literary men and in the universities. Coleridge, Southey, Wordsworth, were leaders in the revolutionary cult at Oxford and Cambridge. By 1792, and especially after the institution of Paine's prosecution, the repression became determined. The memoir of Thomas Poole, already referred to, gives the experiences of a Somerset gentleman, a friend of Coleridge. After the publication of Paine's "Rights of Man" (1791) he became a "political Ishmaelite." "He made his appearance amongst the wigs and powdered locks of his kinsfolk and acquaintance, male and female, without any of the customary powder in his hair, which innocent novelty was a scandal to all beholders, seeing that it was the outward and visible sign of a love of innovation, a well-known badge of sympathy with democratic ideas."

Among Poole's friends, at Stowey, was an attorney named Symes, who lent him Paine's "Rights of Man." After Paine's outlawry Symes met a cabinet-maker with a copy of the book, snatched it out of his hand, tore it up, and, having learned that it was lent him by Poole, propagated about the country that he (Poole) was distributing seditious literature about the country. Being an influential man, Poole prevented the burning of Paine in effigy at Stowey. As time goes on this country-gentleman and scholar finds the government opening his letters, and warning his friends that he is in danger.

"It was," he writes to a friend, "the boast an Englishman was wont to make that he could think, speak, and write whatever he thought proper, provided he violated no law, nor injured any individual. But now an absolute controul exists, not indeed over the imperceptible operations of the mind, for those no power of man can controul; but, what is the same thing, over the effects of those operations, and if among these effects, that of speaking is to be checked, the soul is as much enslaved as the body in a cell of the Bastille. The man who once feels, nay fancies, this, is a slave. It shows as if the suspicious secret government of an Italian Republic had replaced the open, candid government of the English laws."

As Thomas Poole well represents the serious and cultured thought of young England in that time, it is interesting to read his judgment on the king's execution and the imminent war.

"Many thousands of human beings will be sacrificed in the ensuing contest, and for what? To support three or four individuals, called arbitrary kings, in the situation which they have usurped. I consider every Briton who loses his life in the war us much murdered as the King of France, and every one who approves the war, as signing the death-warrant of each soldier or sailor that falls.... The excesses in France are great; but who are the authors of them? The Emperor of Germany, the King of Prussia, and Mr. Burke. Had it not been for their impertinent interference, I firmly believe the King of France would be at this moment a happy monarch, and that people would be enjoying every advantage of political liberty.... The slave-trade, you will see, will not be abolished, because to be humane and honest now is to be a traitor to the constitution, a lover of sedition and licentiousness! But this universal depression of the human mind cannot last long."

It was in this spirit that the defence of a free press was undertaken in England. That thirty years' war was fought and won on the works of Paine. There were some "Lost Leaders": the kings execution, the reign of terror, caused reaction in many a fine spirit; but the rank and file followed their Thomas Paine with a faith that crowned heads might envy. The London men knew Paine thoroughly. The treasures of the world would not draw him, nor any terrors drive him, to the side of cruelty and inhumanity. Their eye was upon him. Had Paine, after the king's execution, despaired of the republic there might have ensued some demoralization among his followers in London. But they saw him by the side of the delivered prisoner of the Bastille, Brissot, an author well known in England, by the side of Condorcet and others of Franklin's honored circle, engaged in death-struggle with the fire-breathing dragon called "The Mountain." That was the same unswerving man they had been following, and to all accusations against the revolution their answer was—Paine is still there! A reign of terror in England followed the outlawry of Paine. Twenty-four men, at one time or another, were imprisoned, fined, or transported for uttering words concerning abuses such as now every Englishman would use concerning the same. Some who sold Paine's works were imprisoned before Paine's trial, while the seditious character of the books was not yet legally settled. Many were punished after the trial, by both fine and imprisonment. Newspapers were punished for printing extracts, and for having printed them before the trial.* For this kind of work old statutes passed for other purposes were impressed, new statutes framed, until Fox declared the Bill of Rights repealed, the constitution cut up by the roots, and the obedience of the people to such "despotism" no longer "a question of moral obligation and duty, but of prudence."*

     * The first trial after Paine's, that of Thomas Spence
     (February 26, 1793), for selling "The Rights of Man," failed
     through a flaw in the indictment, but the mistake did not
     occur again. At the same time William Holland was awarded a
     year's imprisonment and £100 fine for selling "Letter to the
     Addressers." H. D. Symonds, for publishing "Rights of Man,"
     £20 fine and two years; f or "Letter to the Addressers,"
     one year,  £100 fine, with sureties in £1,000 for three
     years, and imprisonment till the fine be paid and sureties
     given. April 17, 1793, Richard Phillips, printer, Leicester,
     eighteen months. May 8th, J. Ridgway, London, selling
     "Rights of Man," £100 and one year; "Letter to the
     Addressers," one year, £100 fine; in each case sureties in
     £1,000, with imprisonment until fines paid and sureties
     given. Richard Peart, "Rights" and "Letter," three months.
     William Belcher, "Rights" and "Letter," three months. Daniel
     Holt, £50, four years. Messrs. Robinson, £200. Eaton and
     Thompson, the latter in Birmingham, were acquitted.   Clio
     Rickman escaped punishment by running over to Paris. Dr.
     Currie (1793) writes: "The prosecutions that are commenced
     all over England against printers, publishers, etc., would
     astonish you; and most of these are for offences committed
     many months ago. The printer of the Manchester Herald has
     had seven different indictments preferred against him for
     paragraphs in his paper; and six different indictments for
     selling or disposing of six different copies of Paine,—all
     previous to the trial of Paine. The man was opulent,
     supposed worth ment by running over to Paris. Dr. Currie
     (1793) writes: *' The prosecutions that are commenced all
     over England against printers, publishers, etc., would
     astonish you; and most of these are for offences committed
     many months ago. The printer of the Manchester Herald has
     had seven different indictments preferred against him for
     paragraphs in his paper; and six different indictments for
     selling or disposing of six different copies of Paine,—all
     previous to the trial of Paine. The man was opulent,
     supposed worth ment by running over to Paris. Dr. Currie
     (1793) writes: "The prosecutions that are commenced all
     over England against printers, publishers, etc., would
     astonish you; and most of these are for offences committed
     many months ago. The printer of the Manchester Herald has
     had seven different indictments preferred against him for
     paragraphs in his paper; and six different indictments for
     selling or disposing of six different copies of Paine,—all
     previous to the trial of Paine. The man was opulent,
     supposed worth £20,000; but these different actions will
     ruin him, as they were intended to do."—"Currie's Life,"
     i., p. 185. See Buckle's "History of Civilization," etc.,
     American éd., p. 352. In the cases where "gentlemen" were
     found distributing the works the penalties were ferocious.
     Fische Palmer was sentenced to seven years' transportation.
     Thomas Muir, for advising persons to read "the works of that
     wretched outcast Paine" (the Lord Advocate's words) was
     sentenced to fourteen years' transportation. This sentence
     was hissed. The tipstaff being ordered to take those who
     hissed into custody, replied: "My lord, they 're all
     hissing."

From his safe retreat in Paris bookseller Rickman wrote his impromptu:

     "Hail Briton's land!
     Hail freedom's shore!
     Far happier than of old;
     For in thy blessed realms no more
     The Rights of Man are sold!"

The famous town-crier of Bolton, who reported to his masters that he had been round that place "and found in it neither the rights of man nor common sense," made a statement characteristic of the time. The aristocracy and gentry had indeed lost their humanity and their sense under a disgraceful panic. Their serfs, unable to read, were fairly represented by those who, having burned Paine in effigy, asked their employer if there was "any other gemman he would like burnt, for a glass o' beer."

     * "Pari. Hist.," xxxii., p. 383.

The White Bear (now replaced by the Criterion Restaurant) no longer knew its little circle of radicals. A symbol of how they were trampled out is discoverable in the "T. P." shoe-nails. These nails, with heads so lettered, were in great request among the gentry, who had only to hold up their boot-soles to show how they were trampling on Tom Paine and his principles. This at any rate was accurate. Manufacturers of vases also devised ceramic anathemas.*

     * There are two Paine pitchers in the Museum at Brighton,
     England. Both were made at Leeds, one probably before
     Paine's trial, since it presents a respectable full-length
     portrait, holding in his hand a book, and beneath, the words:
     "Mr. Thomas Paine, Author of The Rights of Man." The other
     shows a serpent with Paine's head, two sides being adorned
     with the following lines:

     "God save the King, and all his subjects too,
     Likewise his forces and commanders true,
     May he their rights forever hence Maintain
     Against all strife occasioned by Tom Paine."

     "Prithee Tom Paine why wilt thou meddling be
     In others' business which concerns not thee;
     For while thereon thou dost extend thy cares
     Thou dost at home neglect thine own affairs."

     "God save the King!"

     "Observe the wicked and malicious man
     Projecting all the mischief that he can."

In all of this may be read the frantic fears of the King and aristocracy which were driving the Ministry to make good Paine's aphorism, "There is no English Constitution." An English Constitution was, however, in process of formation,—in prisons, in secret conclaves, in lands of exile, and chiefly in Paine's small room in Paris. Even in that time of Parisian turbulence and peril the hunted liberals of England found more security in France than in their native land.* For the eyes of the English reformer of that period, seeing events from prison or exile, there was a perspective such as time has now supplied to the historian. It is still difficult to distribute the burden of shame fairly. Pitt was unquestionably at first anxious to avoid war. That the King was determined on the war is certain; he refused to notice Wilberforce when he appeared at court after his separation from Pitt on that point.

     * When William Pitt died in 1806,—crushed under disclosures
     in the impeachment of Lord Melville,—the verdict of many
     sufferers was expressed in an "Epitaph Impromptu" (MS.)
     found among the papers of Thomas Rickman.    It has some
     historic interest.

     "Reader! with eye indignant view this bier;
     The foe of all the human race lies here.
     With talents small, and those directed, too,
     Virtue and truth and wisdom to subdue,
     He lived to every noble motive blind,
     And died, the execration of mankind.

     "Millions were butchered by his damned plan
     To violate each sacred right of man;
     Exulting he o'er earth each misery hurled,
     And joyed to drench in tears and blood, the world.

     "Myriads of beings wretched he has made
     By desolating war, his favourite trade,
     Who, robbed of friends and dearest ties, are left
     Of every hope and happiness bereft.

     "In private life made up of fuss and pride,
     Not e'en his vices leaned to virtue's side;
     Unsound, corrupt, and rotten at the core,
     His cold and scoundrel heart was black all o'er;
     Nor did one passion ever move his mind
     That bent towards the tender, warm, and kind.

     "Tyrant, and friend to war! we hail the day
     When Death, to bless mankind, made thee his prey,
     And rid the earth of all could earth disgrace,—
     The foulest, bloodiest scourge of man's oppressed race."

But the three attempts on his life, and his mental infirmity, may be pleaded for George III. Paine, in his letter to Dundas, wrote "Madjesty"; when Rickman objected, he said: "Let it stand." And it stands now as the best apology for the King, while it rolls on Pitt's memory the guilt of a twenty-two years' war for the subjugation of thought and freedom. In that last struggle of the barbarism surviving in civilization, it was shown that the madness of a populace was easily distanced by the cruelty of courts. Robespierre and Marat were humanitarian beside George and his Ministers; the Reign of Terror, and all the massacres of the French Revolution put together, were child's-play compared with the anguish and horrors spread through Europe by a war whose pretext was an execution England might have prevented.





CHAPTER III. REVOLUTION VS. CONSTITUTION

The French revolutionists have long borne responsibility for the first declaration of war in 1793. But from December 13, 1792, when the Painophobia Parliament began its debates, to February 1st, when France proclaimed itself at war with England, the British government had done little else than declare war—and prepare war—against France. Pitt, having to be re-elected, managed to keep away from Parliament for several days at its opening, and the onslaught was assumed by Burke. He began by heaping insults on France. On December 15th he boasted that he had not been cajoled by promise of promotion or pension, though he presently, on the same evening, took his seat for the first time on the Treasury bench. In the "Parliamentary History" (vols. xxx. and xxxi.) may be found Burke's epithets on France,—the "republic of assassins," "Cannibal Castle," "nation of murderers," "gang of plunderers," "murderous atheists," "miscreants," "scum of the earth." His vocabulary grew in grossness, of course, after the King's execution and the declaration of war, but from the first it was ribaldry and abuse. And this did not come from a private member, but from the Treasury bench. He was supported by a furious majority which stopped at no injustice. Thus the Convention was burdened with guilt of the September massacres, though it was not then in existence. Paine's works being denounced, Erskine reminded the House of the illegality of so influencing a trial not yet begun. He was not listened to. Fox and fifty other earnest men had a serious purpose of trying to save the King's life, and proposed to negotiate with the Convention. Burke fairly foamed at the motions to that end, made by Fox and Lord Lansdowne. What, negotiate with such villains! To whom is our agent to be accredited? Burke draws a comic picture of the English ambassador entering the Convention, and, when he announces himself as from "George Third, by the grace of God," denounced by Paine. "Are we to humble ourselves before Judge Paine?" At this point Whetstone made a disturbance and was named. There were some who found Burke's trifling intolerable. Mr. W. Smith reminded the House that Cromwell's ambassadors had been received by Louis XIV. Fox drew a parallel between the contemptuous terms used toward the French, and others about "Hancock and his crew," with whom Burke advised treaty, and with whom His Majesty did treat. All this was answered by further insults to France, these corresponding with a series of practical injuries. Lord Gower had been recalled August 17th, after the formation of a republic, and all intercourse with the French Minister in London, Chauvelin, was terminated. In violation of the treaty of 1786, the agents of France were refused permission to purchase grain and arms in England, and their vessels loaded with provisions seized. The circulation of French bonds, issued in 1790, was prohibited in England. A coalition had been formed with the enemies of France, the Emperor of Austria and the King of Prussia, Finally, on the execution of Louis XVI., Chauvelin was ordered (January 24th) to leave England in eight days. Talleyrand remained, but Chauvelin was kicked out of the country, so to say, simply because the Convention had recognized him. This appeared a plain casus belli, and was answered by the declaration of the Convention in that sense (February 1st), which England answered ten days later.*

     * It was stipulated in the treaty of commerce between
     France and England.

In all this Paine recognized the hand of Burke. While his adherents in England, as we have seen, were finding in Pitt a successor to Satan, there is a notable absence from Paine's writings and letters of any such animosity towards that Minister. He concluded at Paris (1786) that the sending away an ambassador by either party, should be taken as an act of hostility by the other party. The declaration of war (February, 1793) by the Convention... was made in exact conformity to this article in the treaty; for it was not a declaration of war against England, but a declaration that the French republic is in war with England; the first act of hostility having been committed by England. The declaration was made on Chauvelin's return to France, and in consequence of it. "Paine's "Address to the People of France" (1797). The words of the declaration of war, following the list of injuries, are: "La Convention Nationale déclaré, au nom de la nation Française, qu'attendu les actes multipliés et d'agressions ci-dessus mentionnés, la république Française est en guerre avec le roi d'Angleterre." The solemn protest of Lords Lauderdale, Lansdowne, and Derby, February 1st, against the address in answer to the royal message, before France had spoken, regards that address as a demonstration of universal war. The facts and the situation are carefully set forth by Louis Blanc, "Histoire de la Révolution," tome viii., p. 93 seq. regarded Pitt as a victim. "The father of Pitt," he once wrote, "when a member of the House of Commons, exclaiming one day, during a former war, against the enormous and ruinous expense of German connections, as the offspring of the Hanover succession, and borrowing a metaphor from the story of Prometheus, cried out: 'Thus, like Prometheus, is Britain chained to the barren rock of Hanover, whilst the imperial eagle preys upon her vitals.'" It is probable that on the intimations from Pitt, at the close of 1792, of his desire for private consultations with friendly Frenchmen, Paine entered into the honorable though unauthorized conspiracy for peace which was terminated by the expulsion of Chauvelin. In the light of later events, and the desertion of Dumouriez, these overtures of Pitt made through Talleyrand (then in London) were regarded by the French leaders, and are still regarded by French writers, as treacherous. But no sufficient reason is given for doubting Pitt's good faith in that matter. Writing to the President (Washington), December 28, 1792, the American Minister, Gouverneur Morris, states the British proposal to be:

"France shall deliver the royal family to such branch of the Bourbons as the King may choose, and shall recall her troops from the countries they now occupy. In this event Britain will send hither a Minister and acknowledge the Republic, and mediate a peace with the Emperor and King of Prussia. I have several reasons to believe that this information is not far from the truth."

It is true that Pitt had no agent in France whom he might not have disavowed, and that after the fury with which the Painophobia Parliament, under lead of Burke, inspired by the King, had opened, could hardly have maintained any peaceful terms. Nevertheless, the friends of peace in France secretly acted on this information, which Gouverneur Morris no doubt received from Paine. A grand dinner was given by Paine, at the Hôtel de Ville, to Dumouriez, where this brilliant General met Brissot, Condorcet, Santerre, and several eminent English radicals, among them Sampson Perry. At this time it was proposed to send Dumouriez secretly to London, to negotiate with Pitt, but this was abandoned. Maret went, and he found Pitt gracious and pacific. Chauvelin, however, advised the French government of this illicit negotiation, and Maret was ordered to return. Such was the situation when Louis was executed. That execution, as we have seen, might have been prevented had Pitt provided the money; but it need not be supposed that, with Burke now on the Treasury bench, the refusal is to be ascribed to anything more than his inability to cope with his own majority, whom the King was patronizing. So completely convinced of Pitt's pacific disposition were Maret and his allies in France that the clandestine ambassador again departed for London. But on arriving at Dover, he learned that Chauvelin had been expelled, and at once returned to France.*

     * See Louis Blanc's "Histoire," etc., tome viii.f p. 100,
     for the principal authorities concerning this incident.—
     Annual Register, 1793, ch. vi.; "Mémoires tirés des papiers
     d'un homme d'État.," ii., p. 157; "Mémoires de Dumouriez,"
     t. iii., p. 384.

Paine now held more firmly than ever the first article of his faith as to practical politics: the chief task of republicanism is to break the Anglo-German sceptre. France is now committed to war; it must be elevated to that European aim. Lord North and America reappear in Burke and France. Meanwhile what is said of Britain in his "Rights of Man" was now more terribly true of France—it had no Constitution. The Committee on the Constitution had declared themselves ready to report early in the winter, but the Mountaineers managed that the matter should be postponed until after the King's trial. As an American who prized his citizenship, Paine felt chagrined and compromised at being compelled to act as a legislator and a judge because of his connection with a Convention elected for the purpose of framing a legislative and judicial machinery. He and Con-dorcet continued to add touches to this Constitution, the Committee approving, and on the first opportunity it was reported again. This was February 15, 1793. But, says the Moniteur, "the struggles between the Girondins and the Mountain caused the examination and discussion to be postponed." It was, however, distributed.

Gouverneur Morris, in a letter to Jefferson (March 7th), says this Constitution "was read to the Convention, but I learnt the next morning that a Council had been held on it overnight, by which it was condemned." Here is evidence in our American archives of a meeting or "Council" condemning the Constitution on the night of its submission. It must have been secret, for it does not appear in French histories, so far as I can discover. Durand de Maillane says that "the exclusion of Robespierre and Couthon from this eminent task [framing a Constitution] was a new matter for discontent and jealousy against the party of Pétion "—a leading Girondin,—and that Robespierre and his men desired "to render their work useless."* No indication of this secret condemnation of the Paine-Condorcet Constitution, by a conclave appeared on March 1st, when the document was again submitted. The Convention now set April 15th for its discussion, and the Mountaineers fixed that day for the opening of their attack on the Girondins. The Mayor of Paris appeared with a petition, adopted by the Communal Council of the thirty-five sections of Paris, for the arrest of twenty-two members of the Convention, as slanderers of Paris,—"presenting the Parisians to Europe as men of blood,"—friends of Roland, accomplices of the traitor Dumouriez, enemies of the clubs. The deputies named were: Brissot, Guadet, Vergniaud, Gensonné, Grangeneuve, Buzot, Barbaroux, Salles, Biroteau, Pontécoulant, Pétion, Lanjuinais, Valaze, Hardy, Louvet, Lehardy, Gor-sas, Abbé Fauchet, Lanthenas, Lasource, Valady, Chambon. Of this list five were members of the Committee on the Constitution, and two supplementary members.** Besides this, two of the arraigned—Louvet and Lasource—had been especially active in pressing forward the Constitution. The Mountaineers turned the discord they thus caused into a reason for deferring discussion of the Constitution.

     * "Histoire de la Convention Nationale," p. 50. Durand-
     Maillane was "the silent member" of the Convention, but a
     careful observer and well-informed witness. I follow him and
     Louis Blanc in relating the fate of the Paine-Condorcet
     Constitution.

     ** See vol. i., p. 357.

They declared also that important members were absent, levying troops, and especially that Marat's trial had been ordered. The discussion on the petition against the Girondins, and whether the Constitution should be considered, proceeded together for two days, when the Mountaineers were routed on both issues. The Convention returned the petition to the Mayor, pronouncing it "calumnious," and it made the Constitution the order of the day. Robespierre, according to Du-rand-Maillane, showed much spite at this defeat. He adroitly secured a decision that the preliminary "Declaration of Rights" should be discussed first, as there could be endless talk on those generalities.*

     * This Declaration, submitted by Condorcet, April 17th,
     being largely the work of Paine, is here translated: The
     end of all union of men in society being maintenance of
     their natural rights, civil and political, these rights
     should be the basis of the social pact: their recognition
     and their declaration ought to precede the Constitution
     which secures and guarantees them. 1. The natural rights,
     civil and political, of men are liberty, equality, security,
     property, social protection, and resistance to oppression.
     2. Liberty consists in the power to do whatever is not
     contrary to the rights of others; thus, the natural rights
     of each man has no limits other than those which secure to
     other members of society enjoyment of the same rights. 3.
     The preservation of liberty depends on the sovereignty of
     the Law, which is the expression of the general will.
     Nothing unforbidden by law can be impeached, and none may be
     constrained to do what it does not command. 4. Every man is
     free to make known his thought and his opinions. 5. Freedom
     of the press (and every other means of publishing one's
     thoughts) cannot be prohibited, suspended, or limited. 6.
     Every citizen shall be free in the exercise of his worship
     [cultê]. 7. Equality consists in the power of each to enjoy
     the same rights. 8. The Law should be equal for all, whether
     in recompense, punishment, or restraint. 9. All citizens are
     admissible to all public positions, employments, and
     functions. Free peoples can recognise no grounds of
     preference except talents and virtues. 10. Security consists
     in the protection accorded by society to each citizen for
     the preservation of his person, property, and rights. 11.
     None should be sued, accused, arrested, or detained, save in
     cases determined by the law, and in accordance with forms
     prescribed by it.    Every other act against a citizen is
     arbitrary and null. 12. Those who solicit, promote, sign,
     execute or cause to be executed such arbitrary acts are
     culpable, and should be punished. 13. Citizens against whom
     the execution of such acts is attempted have the right of
     resistance by force. Every citizen summoned or arrested by
     the authority of law, and in the forms prescribed by it,
     should instantly obey; he renders himself guilty by
     resistance. 14. Every man being presumed innocent until
     declared guilty, should his arrest be judged indispensable,
     all rigor not necessary to secure his person should be
     severely repressed by law. 15. None should be punished save
     in virtue of a law established and promulgated previous to
     the offence, and legally applied. 16. A law that should
     punish offences committed before its existence would be an
     arbitrary Act. Retroactive effect given to any law is a
     crime. 17. Law should award only penalties strictly and
     evidently necessary to the general security; they should be
     proportioned to the offence and useful to society. 18. The
     right of property consists in a man's being master in the
     disposal, at his will, of his goods, capital, income, and
     industry. 19. No kind of work, commerce, or culture can be
     interdicted for any one; he may make, sell, and transport
     every species of production. 20. Every man may engage his
     services, and his time; but he cannot sell himself; his
     person is not an alienable property. 21. No one may be
     deprived of the least portion of his property without his
     consent, unless because of public necessity, legally
     determined, exacted openly, and under the condition of a
     just indemnity in advance. 22. No tax shall be established
     except for the general utility, and to relieve public needs.
     All citizens have the right to co-operate, personally or by
     their representatives, in the establishment of public
     contributions. 23. Instruction is the need of all, and
     society owes it equally to all its members. 24. Public
     succors are a sacred debt of society, and it is for the law
     to determine their extent and application. 25. The social
     guarantee of the rights of man rests on the national
     sovereignty. 26. This sovereignty is one, indivisible,
     imprescriptible, and inalienable. 27. It resides essentially
     in the whole people, and each citizen has an equal right to
     co-operate in its exercise. 28. No partial assemblage of
     citizens, and no individual may attribute to themselves
     sovereignty, to exercise authority and fill any public
     function, without a formal delegation by the law. 29. Social
     security cannot exist where the limits of public
     administration are not clearly determined by law, and where
     the responsibility of all public functionaries is not
     assured. 30. All citizens are bound to co-operate in this
     guarantee, and to enforce the law when summoned in its name.
     31. Men united in society should have legal means of
     resisting oppression. In every free government the mode of
     resisting different acts of oppression should be regulated
     by the Constitution. 32. It is oppression when a law
     violates the natural rights, civil and political, which it
     should ensure. It is oppression when the law is violated by
     public officials in its application to individual cases. It
     is oppression when arbitrary acts violate the rights of
     citizens against the terms of the law. 33. A people has
     always the right to revise, reform, and change its
     Constitution. One generation has no right to bind future
     generations, and all heredity in offices is absurd and
     tyrannical.

It now appears plain that Robespierre, Marat, and the Mountaineers generally were resolved that there should be no new government The difference between them and their opponents was fundamental: to them the Revolution was an end, to the others a means. The Convention was a purely revolutionary body. It had arbitrarily absorbed all legislative and judicial functions, exercising them without responsibility to any code or constitution. For instance, in State Trials French law required three fourths of the voices for condemnation; had the rule been followed Louis XVI. would not have perished. Lanjuinais had pressed the point, and it was answered that the sentence on Louis was political, for the interest of the State; salus populi suprema lex. This implied that the Convention, turning aside from its appointed functions, had, in anticipation of the judicial forms it meant to establish, constituted itself into a Vigilance Committee to save the State in an emergency. But it never turned back again to its proper work. Now when the Constitution was framed, every possible obstruction was placed in the way of its adoption, which would have relegated most of the Mountaineers to private life.

Robespierre and Marat were in luck. The Paine-Condorcet Constitution omitted all mention of a Deity. Here was the immemorial and infallible recipe for discord, of which Robespierre made the most He took the "Supreme Being" under his protection; he also took morality under his protection, insisting that the Paine-Condorcet Constitution gave liberty even to illicit traffic. While these discussions were going on Marat gained his triumphant acquittal from the charges made against him by the Girondins. This damaging blow further demoralized the majority which was eager for the Constitution. By violence, by appeals against atheism, by all crafty tactics, the Mountaineers secured recommitment of the Constitution. To the Committee were added Hérault de Séchelles, Ramel, Mathieu, Couthon, Saint-Just,—all from the Committee of Public Safety. The Constitution as committed was the most republican document of the kind ever drafted, as remade it was a revolutionary instrument; but its preamble read: "In the presence and under the guidance (auspices) of the Supreme Being, the French People declare," etc.

God was in the Constitution; but when it was reported (June 10th) the Mountaineers had their opponents en route for the scaffold. The arraignment of the twenty-two, declared by the Convention "calumnious" six weeks before, was approved on June 2d. It was therefore easy to pass such a constitution as the victors desired. Some had suggested, during the theological debate, that "many crimes had been sanctioned by this King of kings,"—no doubt with emphasis on the discredited royal name. Robespierre identified his "Supreme Being" with nature, of whose ferocities the poor Girondins soon had tragical evidence.*

     * "Les rois, les aristocrates, les tyrants qu'ils soient,
     sont des esclaves révoltas contre le souverain de la terre,
     qui est le genre humain, et contre le législateur de
     l'univers, qui est la nature."—Robespierre's final article
     of "Rights," adopted by the Jacobins, April 21,1793.  Should
     not slaves revolt?

The Constitution was adopted by the Convention on June 25th; it was ratified by the Communes August 10th. When it was proposed to organize a government under it, and dissolve the Convention, Robespierre remarked: That sounds like a suggestion of Pitt! Thereupon the Constitution was suspended until universal peace, and the Revolution superseded the Republic as end and aim of France.*

     * "I observed in the french revolutions that they always
     proceeded by stages, and made each stage a stepping stone to
     another. The Convention, to amuse the people, voted a
     constitution, and then voted to suspend the practical
     establishment of it till after the war, and in the meantime
     to carry on a revolutionary government. When Robespierre
     fell they proposed bringing forward the suspended
     Constitution, and apparently for this purpose appointed a
     committee to frame what they called organic laws, and these
     organic laws turned out to be a new Constitution (the
     Directory Constitution which was in general a good one).
     When Bonaparte overthrew this Constitution he got himself
     appointed first Consul for ten years, then for life, and now
     Emperor with an hereditary succession."—Paine to Jefferson.
     MS. (Dec. 27, 1804). The Paine-Condorcet Constitution is
     printed in OEuvres Completes de Condorcet, vol. xviii. That
     which superseded it may be read (the Declaration of Rights
     omitted) in the "Constitutional History of France. By Henry
     C. Lockwood." (New York, 1890). It is, inter alia, a
     sufficient reason for describing the latter as
     revolutionary, that it provides that a Convention, elected
     by a majority of the departments, and a tenth part of the
     primaries, to revise or alter the Constitution, shall be
     "formed in like manner as the legislatures, and unite in
     itself the highest power." In other words, instead of being
     limited to constitutional revision, may exercise all
     legislative and other functions, just as the existing
     Convention was doing.

Some have ascribed to Robespierre a phrase he borrowed, on one occasion, from Voltaire, Si Dieu n' existait pas, il faudrait l'inventer. Robespierre's originality was that he did invent a god, made in his own image, and to that idol offered human sacrifices,—beginning with his own humanity. That he was genuinely superstitious is suggested by the plausibility with which his enemies connected him with the "prophetess," Catharine Théot, who pronounced him the reincarnate "Word of God," Certain it is that he revived the old forces of fanaticism, and largely by their aid crushed the Girondins, who were rationalists. Condorcet had said that in preparing a Constitution for France they had not consulted Numa's nymph or the pigeon of Mahomet; they had found human reason sufficient. Corruption of best is worst. In the proportion that a humane deity would be a potent sanction for righteous laws, an inhuman deity is the sanction of inhuman laws. He who summoned a nature-god to the French Convention let loose the scourge on France. Nature inflicts on mankind, every day, a hundred-fold the agonies of the Reign of Terror. Robespierre had projected into nature a sentimental conception of his own, but he had no power to master the force he had evoked. That had to take the shape of the nature-gods of all time, and straightway dragged the Convention down to the savage plane where discussion becomes an exchange of thunder-stones. Such relapses are not very difficult to effect in revolutionary times. By killing off sceptical variations, and cultivating conformity, a cerebral evolution proceeded for ages by which kind-hearted people were led to worship jealous and cruel gods, who, should they appear in human form, would be dealt with as criminals. Unfortunately, however, the nature-god does not so appear; it is represented in euphemisms, while at the same time it coerces the social and human standard. Since the nature-god punishes hereditarily, kills every man at last, and so tortures millions that the suggestion of hell seems only too probable to those sufferers, a political system formed under the legitimacy of such a superstition must subordinate crimes to sins, regard atheism as worse than theft, acknowledge the arbitrary principle, and confuse retaliation with justice. From the time that the shekinah of the nature-god settled on the Mountain, offences were measured, not by their injury to man, but as insults to the Mountain-god, or to his anointed. In the mysterious counsels of the Committee of Public Safety the rewards are as little harmonious with the human standard as in the ages when sabbath-breaking and murder met the same doom. Under the paralyzing splendor of a divine authority, any such considerations as the suffering or death of men become petty. The average Mountaineer was unable to imagine that those who tried to save Louis had other than royalist motives. In this Armageddon the Girondins were far above their opponents in humanity and intelligence, but the conditions did not admit of an entire adherence to their honorable weapons of argument and eloquence. They too often used deadly threats, without meaning them; the Mountaineers, who did mean them, took such phrases seriously, and believed the struggle to be one of life and death. Such phenomena of bloodshed, connected with absurdly inadequate causes, are known in history only where gods mingle in the fray. Reign of Terror? What is the ancient reign of the god of battles, jealous, angry every day, with everlasting tortures of fire prepared for the unorthodox, however upright, even more than for the immoral? In France too it was a suspicion of unorthodoxy in the revolutionary creed that plunged most of the sufferers into the lake of fire and brimstone.

From the time of Paine's speeches on the King's fate he was conscious that Marat's evil eye was on him. The American's inflexible republicanism had inspired the vigilance of the powerful journals of Brissot and Bonneville, which barred the way to any dictatorship. Paine was even propagating a doctrine against presidency, thus marring the example of the United States, on which ambitious Frenchmen, from Marat to the Napoleons, have depended for their stepping-stone to despotism. Marat could not have any doubt of Paine's devotion to the Republic, but knew well his weariness of the Revolution. In the simplicity of his republican faith Paine had made a great point of the near adoption of the Constitution, and dissolution of the Convention in five or six months, little dreaming that the Mountaineers were concentrating themselves on the aim of becoming masters of the existing Convention and then rendering it permanent. Marat regarded Paine's influence as dangerous to revolutionary government, and, as he afterwards admitted, desired to crush him. The proposed victim had several vulnerable points: he had been intimate with Gouverneur Morris, whose hostility to France was known; he had been intimate with Dumouriez, declared a traitor; and he had no connection with any of the Clubs, in which so many found asylum. He might have joined one of them had he known the French language, and perhaps it would have been prudent to unite himself with the "Cordeliers," in whose esprit de corps some of his friends found refuge.

However, the time of intimidation did not come for two months after the King's death, and Paine was busy with Condorcet on the task assigned them, of preparing an Address to the People of England concerning the war of their government against France. This work, if ever completed, does not appear to have been published. It was entrusted (February 1st) to Barrère, Paine, Condorcet, and M. Faber. As Frédéric Masson, the learned librarian and historian of the Office of Foreign Affairs, has found some trace of its being assigned to Paine and Condorcet, it may be that further research will bring to light the Address. It could hardly have been completed before the warfare broke out between the Mountain and the Girondins, when anything emanating from Condorcet and Paine would have been delayed, if not suppressed. There are one or two brief essays in Condorcet's works—notably "The French Republic to Free Men"—which suggest collaboration with Paine, and may be fragments of their Address.*