Secondly; that at the expiration of every twenty-one years (or any other stated period) a like review shall again be taken, and the laws, found proper to be retained, be again carried forward, commencing with that date, and the useless laws dropped and discontinued.
By this means there can be no obsolete laws, and scarcely such a thing as laws standing in direct or equivocal contradiction to each other, and every person will know the period of time to which he is to look back for all the laws in being.
It is worth remarking, that while every other branch of science is brought within some commodious system, and the study of it simplified by easy methods, the laws take the contrary course, and become every year more complicated, entangled, confused, and obscure.
Among the paragraphs which the Attorney General has taken from the Rights of Man, and put into his information, one is, that where I have said, "that with respect to regular law, there is scarcely such a thing."
As I do not know whether the Attorney-General means to show this expression to be libellous, because it is TRUE, or because it is FALSE, I shall make no other reply to him in this place, than by remarking, that if almanack-makers had not been more judicious than law-makers, the study of almanacks would by this time have become as abstruse as the study of the law, and we should hear of a library of almanacks as we now do of statutes; but by the simple operation of letting the obsolete matter drop, and carrying forward that only which is proper to be retained, all that is necessary to be known is found within the space of a year, and laws also admit of being kept within some given period.
I shall here close this letter, so far as it respects the Addresses, the Proclamation, and the Prosecution; and shall offer a few observations to the Society, styling itself "The Friends of the People."
That the science of government is beginning to be better understood than in former times, and that the age of fiction and political superstition, and of craft and mystery, is passing away, are matters which the experience of every day-proves to be true, as well in England as in other countries.
As therefore it is impossible to calculate the silent progress of opinion, and also impossible to govern a nation after it has changed its habits of thinking, by the craft or policy that it was governed by before, the only true method to prevent popular discontents and commotions is, to throw, by every fair and rational argument, all the light upon the subject that can possibly be thrown; and at the same time, to open the means of collecting the general sense of the nation; and this cannot, as already observed, be done by any plan so effectually as a national convention. Here individual opinion will quiet itself by having a centre to rest upon.
The society already mentioned, (which is made up of men of various descriptions, but chiefly of those called Foxites,) appears to me, either to have taken wrong grounds from want of judgment, or to have acted with cunning reserve. It is now amusing the people with a new phrase, namely, that of "a temperate and moderate reform," the interpretation of which is, a continuance of the abuses as long as possible, If we cannot hold all let us hold some.
Who are those that are frightened at reforms? Are the public afraid that their taxes should be lessened too much? Are they afraid that sinecure places and pensions should be abolished too fast? Are the poor afraid that their condition should be rendered too comfortable? Is the worn-out mechanic, or the aged and decayed tradesman, frightened at the prospect of receiving ten pounds a year out of the surplus taxes? Is the soldier frightened at the thoughts of his discharge, and three shillings per week during life? Is the sailor afraid that press-warrants will be abolished? The Society mistakes the fears of borough-mongers, placemen, and pensioners, for the fears of the people; and the temperate and moderate Reform it talks of, is calculated to suit the condition of the former.
Those words, "temperate and moderate," are words either of political cowardice, or of cunning, or seduction.—A thing, moderately good, is not so good as it ought to be. Moderation in temper, is always a virtue; but moderation in principle, is a species of vice. But who is to be the judge of what is a temperate and moderate Reform? The Society is the representative of nobody; neither can the unrepresented part of the nation commit this power to those in Parliament, in whose election they had no choice; and, therefore, even upon the ground the Society has taken, recourse must be had to a National Convention.
The objection which Mr. Fox made to Mr. Grey's proposed Motion for a Parliamentary Reform was, that it contained no plan.—It certainly did not. But the plan very easily presents itself; and whilst it is fair for all parties, it prevents the dangers that might otherwise arise from private or popular discontent.
Thomas Paine.
Paris, Sept. 25, [1792.] First Year of the Republic.
Fellow Citizens,
I RECEIVE, with affectionate gratitude, the honour which the late National Assembly has conferred upon me, by adopting me a Citizen of France: and the additional honor of being elected by my fellow citizens a Member of the National Convention.(1) Happily impressed, as I am, by those testimonies of respect shown towards me as an individual, I feel my felicity increased by seeing the barrier broken down that divided patriotism by spots of earth, and limited citizenship to the soil, like vegetation.
Had those honours been conferred in an hour of national tranquillity, they would have afforded no other means of shewing my affection, than to have accepted and enjoyed them; but they come accompanied with circumstances that give me the honourable opportunity of commencing my citizenship in the stormy hour of difficulties. I come not to enjoy repose. Convinced that the cause of France is the cause of all mankind, and that liberty cannot be purchased by a wish, I gladly share with you the dangers and honours necessary to success.
I am well aware that the moment of any great change, such as that accomplished on the 10th of August, is unavoidably the moment of terror and confusion. The mind, highly agitated by hope, suspicion and apprehension, continues without rest till the change be accomplished. But let us now look calmly and confidently forward, and success is certain. It is no longer the paltry cause of kings, or of this, or of that individual, that calls France and her armies into action. It is the great cause of all. It is the establishment of a new aera, that shall blot despotism from the earth, and fix, on the lasting principles of peace and citizenship, the great Republic of Man.
It has been my fate to have borne a share in the commencement and complete establishment of one Revolution, (I mean the Revolution of America.) The success and events of that Revolution are encouraging to us. The prosperity and happiness that have since flowed to that country, have amply rewarded her for all the hardships she endured and for all the dangers she encountered.
The principles on which that Revolution began, have extended themselves to Europe; and an over-ruling Providence is regenerating the Old World by the principles of the New. The distance of America from all the other parts of the globe, did not admit of her carrying those principles beyond her own situation. It is to the peculiar honour of France, that she now raises the standard of liberty for all nations; and in fighting her own battles, contends for the rights of all mankind.
The same spirit of fortitude that insured success to America; will insure it to France, for it is impossible to conquer a nation determined to be free! The military circumstances that now unite themselves to France, are such as the despots of the earth know nothing of, and can form no calculation upon. They know not what it is to fight against a nation; they have only been accustomed to make war upon each other, and they know, from system and practice, how to calculate the probable success of despot against despot; and here their knowledge and their experience end.
But in a contest like the present a new and boundless variety of circumstances arise, that deranges all such customary calculations. When a whole nation acts as an army, the despot knows not the extent of the power against which he contends. New armies arise against him with the necessity of the moment. It is then that the difficulties of an invading enemy multiply, as in the former case they diminished; and he finds them at their height when he expected them to end.
The only war that has any similarity of circumstances with the present, is the late revolution war in America. On her part, as it now is in France, it was a war of the whole nation:—there it was that the enemy, by beginning to conquer, put himself in a condition of being conquered. His first victories prepared him for defeat. He advanced till he could not retreat, and found himself in the midst of a nation of armies.
Were it now to be proposed to the Austrians and Prussians, to escort them into the middle of France, and there leave them to make the most of such a situation, they would see too much into the dangers of it to accept the offer, and the same dangers would attend them, could they arrive there by any other means. Where, then, is the military policy of their attempting to obtain, by force, that which they would refuse by choice? But to reason with despots is throwing reason away. The best of arguments is a vigorous preparation.
Man is ever a stranger to the ways by which Providence regulates the order of things. The interference of foreign despots may serve to introduce into their own enslaved countries the principles they come to oppose. Liberty and Equality are blessings too great to be the inheritance of France alone. It is an honour to her to be their first champion; and she may now say to her enemies, with a mighty voice, "O! ye Austrians, ye Prussians! ye who now turn your bayonets against us, it is for you, it is for all Europe, it is for all mankind, and not for France alone, that she raises the standard of Liberty and Equality!"
The public cause has hitherto suffered from the contradictions contained in the Constitution of the Constituent Assembly. Those contradictions have served to divide the opinions of individuals at home, and to obscure the great principles of the Revolution in other countries. But when those contradictions shall be removed, and the Constitution be made conformable to the declaration of Rights; when the bagatelles of monarchy, royalty, regency, and hereditary succession, shall be exposed, with all their absurdities, a new ray of light will be thrown over the world, and the Revolution will derive new strength by being universally understood.
The scene that now opens itself to France extends far beyond the boundaries of her own dominions. Every nation is becoming her colleague, and every court is become her enemy. It is now the cause of all nations, against the cause of all courts. The terror that despotism felt, clandestinely begot a confederation of despots; and their attack upon France was produced by their fears at home.
In entering on this great scene, greater than any nation has yet been called to act in, let us say to the agitated mind, be calm. Let us punish by instructing, rather than by revenge. Let us begin the new ara by a greatness of friendship, and hail the approach of union and success.
Your Fellow-Citizen,
Thomas Paine.
When we reach some great good, long desired, we begin by felicitating ourselves. We triumph, we give ourselves up to this joy without rendering to our minds any full account of our reasons for it. Then comes reflexion: we pass in review all the circumstances of our new happiness; we compare it in detail with our former condition; and each of these thoughts becomes a fresh enjoyment. This satisfaction, elucidated and well-considered, we now desire to procure for our readers.
In seeing Royalty abolished and the Republic established, all France has resounded with unanimous plaudits.(2) Yet, Citizen President: In the name of the Deputies of the Department of the Pas de Calais, I have the honor of presenting to the Convention the felicitations of the General Council of the Commune of Calais on the abolition of Royalty.
Amid the joy inspired by this event, one cannot forbear some pain at the some who clap their hands do not sufficiently understand the condition they are leaving or that which they are assuming.
The perjuries of Louis, the conspiracies of his court, the wildness of his worthy brothers, have filled every Frenchman with horror, and this race was dethroned in their hearts before its fall by legal decree. But it is little to throw down an idol; it is the pedestal that above all must be broken down; it is the regal office rather than the incumbent that is murderous. All do not realize this.
Why is Royalty an absurd and detestable government? Why is the Republic a government accordant with nature and reason? At the present time a Frenchman should put himself in a position to answer these two questions clearly. For, in fine, if you are free and contented it is yet needful that you should know why.
Let us first discuss Royalty or Monarchy. Although one often wishes to distinguish between these names, common usage gives them the same sense.
ROYALTY.
Bands of brigands unite to subvert a country, place it under tribute, seize its lands, enslave its inhabitants. The expedition completed, the chieftain of the robbers adopts the title of monarch or king. Such is the origin of Royalty among all tribes—huntsmen, agriculturists, shepherds.
A second brigand arrives who finds it equitable to take away by force what was conquered by violence: he dispossesses the first; he chains him, kills him, reigns in his place. Ere long time effaces the memory of this origin; the successors rule under a new form; they do a little good, from policy; they corrupt all who surround them; they invent fictitious genealogies to make their families sacred (1); the knavery of priests comes to their aid; they take Religion for a life-guard: thenceforth tyranny becomes immortal, the usurped power becomes an hereditary right.
The effects of Royalty have been entirely harmonious with its origin. What scenes of horror, what refinements of iniquity, do the annals of monarchies present! If we should paint human nature with a baseness of heart, an hypocrisy, from which all must recoil and humanity disavow, it would be the portraiture of kings, their ministers and courtiers.
And why should it not be so? What should such a monstrosity produce but miseries and crimes? What is monarchy? It has been finely disguised, and the people familiarized with the odious title: in its real sense the word signifies the absolute power of one single individual, who may with impunity be stupid, treacherous, tyrannical, etc. Is it not an insult to nations to wish them so governed?
Government by a single individual is vicious in itself, independently of the individual's vices. For however little a State, the prince is nearly always too small: where is the proportion between one man and the affairs of a whole nation?
True, some men of genius have been seen under the diadem; but the evil is then even greater: the ambition of such a man impels him to conquest and despotism, his subjects soon have to lament his glory, and sing their Te-deums while perishing with hunger. Such is the history of Louis XIV. and so many others.
But if ordinary men in power repay you with incapacity or with princely vices? But those who come to the front in monarchies are frequently mere mean mischief-makers, commonplace knaves, petty intriguers, whose small wits, which in courts reach large places, serve only to display their ineptitude in public, as soon as they appear. (*) In short, monarchs do nothing, and their ministers do evil: this is the history of all monarchies.
But if Royalty as such is baneful, as hereditary succession it is equally revolting and ridiculous. What! there exists among my kind a man who pretends that he is born to govern me? Whence derived he such right? From his and my ancestors, says he. But how could they transmit to him a right they did not possess? Man has no authority over generations unborn. I cannot be the slave of the dead, more than of the living. Suppose that instead of our posterity, it was we who should succeed ourselves: we should not to-day be able to despoil ourselves of the rights which would belong to us in our second life: for a stronger reason we cannot so despoil others.
An hereditary crown! A transmissible throne! What a notion! With even a little reflexion, can any one tolerate it? Should human beings then be the property of certain individuals, born or to be born? Are we then to treat our descendants in advance as cattle, who shall have neither will nor rights of their own? To inherit government is to inherit peoples, as if they were herds. It is the basest, the most shameful fantasy that ever degraded mankind.
It is wrong to reproach kings with their ferocity, their brutal indifference, the oppressions of the people, and molestations of citizens: it is hereditary succession that makes them what they are: this breeds monsters as a marsh breeds vipers.
The logic on which the hereditary prince rests is in effect this: I derive my power from my birth; I derive my birth from God; therefore I owe nothing to men. It is little that he has at hand a complacent minister, he continues to indulge, conscientiously, in all the crimes of tyranny. This has been seen in all times and countries.
Tell me, then, what is there in common between him who is master of a people, and the people of whom he is master? Are these masters really of their kind? It is by sympathy that we are good and human: with whom does a monarch sympathize? When my neighbor suffers I pity, because I put myself in his place: a monarch pities none, because he has never been, can never be, in any other place than his own.
A monarch is an egoist by nature, the egoist par excellence. A thousand traits show that this kind of men have no point of contact with the rest of humanity. There was demanded of Charles II. the punishment of Lauderdale, his favorite, who had infamously oppressed the Scotch. "Yes," said Charles coolly, "this man has done much against the Scotch, but I cannot see that he has done anything against my interests." Louis XIV. often said: "If I follow the wishes of the people, I cannot act the king." Even such phrases as "misfortunes of the State," "safety of the State," filled Louis XIV. with wrath.
Could nature make a law which should assure virtue and wisdom invariably in these privileged castes that perpetuate themselves on thrones, there would be no objection to their hereditary succession. But let us pass Europe in review: all of its monarchs are the meanest of men. This one a tyrant, that one an imbecile, another a traitor, the next a debauchee, while some muster all the vices. It looks as if fate and nature had aimed to show our epoch, and all nations, the absurdity and enormity of Royalty.
But I mistake: this epoch has nothing peculiar. For, such is the essential vice of this royal succession by animal filiation, the peoples have not even the chances of nature,—they cannot even hope for a good prince as an alternative. All things conspire to deprive of reason and justice an individual reared to command others. The word of young Dionysius was very sensible: his father, reproaching him for a shameful action, said, "Have I given thee such example?" "Ah," answered the youth, "thy father was not a king!"
In truth, were laughter on such a subject permissible, nothing would suggest ideas more burlesque than this fantastic institution of hereditary kings. Would it not be believed, to look at them, that there really exist particular lineages possessing certain qualities which enter the blood of the embryo prince, and adapt him physically for royalty, as a horse for the racecourse? But then, in this wild supposition, it yet becomes necessary to assure the genuine family descent of the heir presumptive. To perpetuate the noble race of Andalusian chargers, the circumstances pass before witnesses, and similar precautions seem necessary, however indecent, to make sure that the trickeries of queens shall not supply thrones with bastards, and that the kings, like the horses, shall always be thoroughbreds.
Whether one jests or reasons, there is found in this idea of hereditary royalty only folly and shame. What then is this office, which may be filled by infants or idiots? Some talent is required to be a simple workman; to be a king there is need to have only the human shape, to be a living automaton. We are astonished when reading that the Egyptians placed on the throne a flint, and called it their king. We smile at the dog Barkouf, sent by an Asiatic despot to govern one of his provinces.(*) But mon-archs of this kind are less mischievous and less absurd than those before whom whole peoples prostrate themselves. The flint and the dog at least imposed on nobody. None ascribed to them qualities or characters they did not possess. They were not styled 'Father of the People,'—though this were hardly more ridiculous than to give that title to a rattle-head whom inheritance crowns at eighteen. Better a mute than an animate idol. Why, there can hardly be cited an instance of a great man having children worthy of him, yet you will have the royal function pass from father to son! As well declare that a wise man's son will be wise. A king is an administrator, and an hereditary administrator is as absurd as an author by birthright.
Royalty is thus as contrary to common sense as to com-mon right. But it would be a plague even if no more than an absurdity; for a people who can bow down in honor of a silly thing is a debased people. Can they be fit for great affairs who render equal homage to vice and virtue, and yield the same submission to ignorance and wisdom? Of all institutions, none has caused more intellectual degeneracy. This explains the often-remarked abjectness of character under monarchies.
Such is also the effect of this contagious institution that it renders equality impossible, and draws in its train the presumption and the evils of "Nobility." If you admit inheritance of an office, why not that of a distinction? The Nobility's heritage asks only homage, that of the Crown commands submission. When a man says to me, 'I am born illustrious,' I merely smile; when he says 'I am born your master,' I set my foot on him.
When the Convention pronounced the abolition of Royalty none rose for the defence that was expected. On this subject a philosopher, who thought discussion should always precede enactment, proposed a singular thing; he desired that the Convention should nominate an orator commissioned to plead before it the cause of Royalty, so that the pitiful arguments by which it has in all ages been justified might appear in broad daylight. Judges give one accused, however certain his guilt, an official defender. In the ancient Senate of Venice there existed a public officer whose function was to contest all propositions, however incontestible, or however perfect their evidence. For the rest, pleaders for Royalty are not rare: let us open them, and see what the most specious of royalist reasoners have said.
1. A king is necessary to preserve a people from the tyranny of powerful men.
Establish the Rights of Man(1); enthrone Equality; form a good Constitution; divide well its powers; let there be no privileges, no distinctions of birth, no monopolies; make safe the liberty of industry and of trade, the equal distribution of [family] inheritances, publicity of administration, freedom of the press: these things all established, you will be assured of good laws, and need not fear the powerful men. Willingly or unwillingly, all citizens will be under the Law.
2. The Legislature might usurp authority, and a king is needed to restrain it.
With representatives, frequently renewed, who neither administer nor judge, whose functions are determined by the laws; with national conventions, with primary assemblies, which can be convoked any moment; with a people knowing how to read, and how to defend itself; with good journals, guns, and pikes; a Legislature would have a good deal of trouble in enjoying any months of tyranny. Let us not suppose an evil for the sake of its remedy.
3. A king is needed to give force to executive power.
This might be said while there existed nobles, a priesthood, parliaments, the privileged of every kind. But at present who can resist the Law, which is the will of all, whose execution is the interest of all? On the contrary the existence of an hereditary prince inspires perpetual distrust among the friends of liberty; his authority is odious to them; in checking despotism they constantly obstruct the action of government. Observe how feeble the executive power was found, after our recent pretence of marrying Royalty with Liberty.
Take note, for the rest, that those who talk in this way are men who believe that the King and the Executive Power are only one and the same thing: readers of La Feuille Villageoise are more advanced.(*)
Others use this bad reasoning: "Were there no hereditary chief there would be an elective chief: the citizens would side with this man or that, and there would be a civil war at every election." In the first place, it is certain that hereditary succession alone has produced the civil wars of France and England; and that beyond this are the pre-tended rights, of royal families which have twenty times drawn on these nations the scourge of foreign wars. It is, in fine, the heredity of crowns that has caused the troubles of Regency, which Thomas Paine calls Monarchy at nurse.
But above all it must be said, that if there be an elective chief, that chief will not be a king surrounded by courtiers, burdened with pomp, inflated by idolatries, and endowed with thirty millions of money; also, that no citizen will be tempted to injure himself by placing another citizen, his equal, for some years in an office without limited income and circumscribed power.
In a word, whoever demands a king demands an aristocracy, and thirty millions of taxes. See why Franklin described Royalism as a crime like poisoning.
Royalty, its fanatical eclat, its superstitious idolatry, the delusive assumption of its necessity, all these fictions have been invented only to obtain from men excessive taxes and voluntary servitude. Royalty and Popery have had the same aim, have sustained themselves by the same artifices, and crumble under the same Light.
OF RIGHTS OF MAN.(1)
Paris, 11th of November, 1st Year of the Republic. [1792.]
Mr. Attorney General:
Sir,—As there can be no personal resentment between two strangers, I write this letter to you, as to a man against whom I have no animosity.
You have, as Attorney General, commenced a prosecution against me, as the author of Rights of Man. Had not my duty, in consequence of my being elected a member of the National Convention of France, called me from England, I should have staid to have contested the injustice of that prosecution; not upon my own account, for I cared not about the prosecution, but to have defended the principles I had advanced in the work.
The duty I am now engaged in is of too much importance to permit me to trouble myself about your prosecution: when I have leisure, I shall have no objection to meet you on that ground; but, as I now stand, whether you go on with the prosecution, or whether you do not, or whether you obtain a verdict, or not, is a matter of the most perfect indifference to me as an individual. If you obtain one, (which you are welcome to if you can get it,) it cannot affect me either in person, property, or reputation, otherwise than to increase the latter; and with respect to yourself, it is as consistent that you obtain a verdict against the Man in the Moon as against me; neither do I see how you can continue the prosecution against me as you would have done against one your own people, who had absented himself because he was prosecuted; what passed at Dover proves that my departure from England was no secret. (1)
My necessary absence from your country affords the opportunity of knowing whether the prosecution was intended against Thomas Paine, or against the Right of the People of England to investigate systems and principles of government; for as I cannot now be the object of the prosecution, the going on with the prosecution will shew that something else was the object, and that something else can be no other than the People of England, for it is against their Rights, and not against me, that a verdict or sentence can operate, if it can operate at all. Be then so candid as to tell the Jury, (if you choose to continue the process,) whom it is you are prosecuting, and on whom it is that the verdict is to fall.(2)
But I have other reasons than those I have mentioned for writing you this letter; and, however you may choose to interpret them, they proceed from a good heart. The time, Sir, is becoming too serious to play with Court prosecutions, and sport with national rights. The terrible examples that have taken place here, upon men who, less than a year ago, thought themselves as secure as any prosecuting Judge, Jury, or Attorney General, now can in England, ought to have some weight with men in your situation. That the government of England is as great, if not the greatest, perfection of fraud and corruption that ever took place since governments began, is what you cannot be a stranger to, unless the constant habit of seeing it has blinded your senses; but though you may not chuse to see it, the people are seeing it very fast, and the progress is beyond what you may chuse to believe. Is it possible that you, or I, can believe, or that reason can make any other man believe, that the capacity of such a man as Mr. Guelph, or any of his profligate sons, is necessary to the government of a nation? I speak to you as one man ought to speak to another; and I know also that I speak what other people are beginning to think.
That you cannot obtain a verdict (and if you do, it will signify nothing) without packing a Jury, (and we both know that such tricks are practised,) is what I have very good reason to believe, I have gone into coffee-houses, and places where I was unknown, on purpose to learn the currency of opinion, and I never yet saw any company of twelve men that condemned the book; but I have often found a greater number than twelve approving it, and this I think is a fair way of collecting the natural currency of opinion. Do not then, Sir, be the instrument of drawing twelve men into a situation that may be injurious to them afterwards. I do not speak this from policy, but from benevolence; but if you chuse to go on with the process, I make it my request to you that you will read this letter in Court, after which the Judge and the Jury may do as they please. As I do not consider myself the object of the prosecution, neither can I be affected by the issue, one way or the other, I shall, though a foreigner in your country, subscribe as much money as any other man towards supporting the right of the nation against the prosecution; and it is for this purpose only that I shall do it.(1)
Thomas Paine.
As I have not time to copy letters, you will excuse the corrections.