P. S. I intended, had I staid in England, to have published the information, with my remarks upon it, before the trial came on; but as I am otherwise engaged, I reserve myself till the trial is over, when I shall reply fully to every thing you shall advance.
Paris, Nov. 20, 1792.
Citizen President,
As I do not know precisely what day the Convention will resume the discussion on the trial of Louis XVI., and, on account of my inability to express myself in French, I cannot speak at the tribune, I request permission to deposit in your hands the enclosed paper, which contains my opinion on that subject. I make this demand with so much more eagerness, because circumstances will prove how much it imports to France, that Louis XVI. should continue to enjoy good health. I should be happy if the Convention would have the goodness to hear this paper read this morning, as I propose sending a copy of it to London, to be printed in the English journals.(2)
Thomas Paine.
A Secretary read the opinion of Thomas Paine. I think it necessary that Louis XVI. should be tried; not that this advice is suggested by a spirit of vengeance, but because this measure appears to me just, lawful, and conformable to sound policy. If Louis is innocent, let us put him to prove his innocence; if he is guilty, let the national will determine whether he shall be pardoned or punished.
But besides the motives personal to Louis XVI., there are others which make his trial necessary. I am about to develope these motives, in the language which I think expresses them, and no other. I forbid myself the use of equivocal expression or of mere ceremony. There was formed among the crowned brigands of Europe a conspiracy which threatened not only French liberty, but likewise that of all nations. Every thing tends to the belief that Louis XVI. was the partner of this horde of conspirators. You have this man in your power, and he is at present the only one of the band of whom you can make sure. I consider Louis XVI. in the same point of view as the two first robbers taken up in the affair of the Store Room; their trial led to discovery of the gang to which they belonged. We have seen the unhappy soldiers of Austria, of Prussia, and the other powers which declared themselves our enemies, torn from their fire-sides, and drawn to butchery like wretched animals, to sustain, at the cost of their blood, the common cause of these crowned brigands. They loaded the inhabitants of those regions with taxes to support the expenses of the war. All this was not done solely for Louis XVI. Some of the conspirators have acted openly: but there is reason to presume that this conspiracy is composed of two classes of brigands; those who have taken up arms, and those who have lent to their cause secret encouragement and clandestine assistance. Now it is indispensable to let France and the whole world know all these accomplices.
A little time after the National Convention was constituted, the Minister for Foreign Affairs presented the picture of all the governments of Europe,—those whose hostilities were public, and those that acted with a mysterious circumspection. This picture supplied grounds for just suspicions of the part the latter were disposed to take, and since then various circumstances have occurred to confirm those suspicions. We have already penetrated into some part of the conduct of Mr. Guelph, Elector of Hanover, and strong presumptions involve the same man, his court and ministers, in quality of king of England. M. Calonne has constantly been favoured with a friendly reception at that court.(1) The arrival of Mr. Smith, secretary to Mr. Pitt, at Coblentz, when the emigrants were assembling there; the recall of the English ambassador; the extravagant joy manifested by the court of St. James' at the false report of the defeat of Dumouriez, when it was communicated by Lord Elgin, then Minister of Great Britain at Brussels—all these circumstances render him [George III.] extremely suspicious; the trial of Louis XVI. will probably furnish more decisive proofs.
The long subsisting fear of a revolution in England, would alone, I believe, prevent that court from manifesting as much publicity in its operations as Austria and Prussia. Another reason could be added to this: the inevitable decrease of credit, by means of which alone all the old governments could obtain fresh loans, in proportion as the probability of revolutions increased. Whoever invests in the new loans of such governments must expect to lose his stock.
Every body knows that the Landgrave of Hesse fights only as far as he is paid. He has been for many years in the pay of the court of London. If the trial of Louis XVI. could bring it to light, that this detestable dealer in human flesh has been paid with the produce of the taxes imposed on the English people, it would be justice to that nation to disclose that fact. It would at the same time give to France an exact knowledge of the character of that court, which has not ceased to be the most intriguing in Europe, ever since its connexion with Germany.
Louis XVI., considered as an individual, is an object beneath the notice of the Republic; but when he is looked upon as a part of that band of conspirators, as an accused man whose trial may lead all nations in the world to know and detest the disastrous system of monarchy, and the plots and intrigues of their own courts, he ought to be tried.
If the crimes for which Louis XVI. is arraigned were absolutely personal to him, without reference to general conspiracies, and confined to the affairs of France, the plea of inviolability, that folly of the moment, might have been urged in his behalf with some appearance of reason; but he is arraigned not only for treasons against France, but for having conspired against all Europe, and if France is to be just to all Europe we ought to use every means in our power to discover the whole extent of that conspiracy. France is now a republic; she has completed her revolution; but she cannot earn all its advantages so long as she is surrounded with despotic governments. Their armies and their marine oblige her also to keep troops and ships in readiness. It is therefore her immediate interest that all nations shall be as free as herself; that revolutions shall be universal; and since the trial of Louis XVI. can serve to prove to the world the flagitiousness of governments in general, and the necessity of revolutions, she ought not to let slip so precious an opportunity.
The despots of Europe have formed alliances to preserve their respective authority, and to perpetuate the oppression of peoples. This is the end they proposed to themselves in their invasion of French territory. They dread the effect of the French revolution in the bosom of their own countries; and in hopes of preventing it, they are come to attempt the destruction of this revolution before it should attain its perfect maturity. Their attempt has not been attended with success. France has already vanquished their armies; but it remains for her to sound the particulars of the conspiracy, to discover, to expose to the eyes of the world, those despots who had the infamy to take part in it; and the world expects from her that act of justice.
These are my motives for demanding that Louis XVI. be judged; and it is in this sole point of view that his trial appears to me of sufficient importance to receive the attention of the Republic.
As to "inviolability," I would not have such a word mentioned. If, seeing in Louis XVI. only a weak and narrow-minded man, badly reared, like all his kind, given, as it is said, to frequent excesses of drunkenness—a man whom the National Assembly imprudently raised again on a throne for which he was not made—he is shown hereafter some compassion, it shall be the result of the national magnanimity, and not the burlesque notion of a pretended "inviolability."
Thomas Paine.
Citizen President,
My hatred and abhorrence of monarchy are sufficiently known: they originate in principles of reason and conviction, nor, except with life, can they ever be extirpated; but my compassion for the unfortunate, whether friend or enemy, is equally lively and sincere.
I voted that Louis should be tried, because it was necessary to afford proofs to the world of the perfidy, corruption, and abomination of the monarchical system. The infinity of evidence that has been produced exposes them in the most glaring and hideous colours; thence it results that monarchy, whatever form it may assume, arbitrary or otherwise, becomes necessarily a centre round which are united every species of corruption, and the kingly trade is no less destructive of all morality in the human breast, than the trade of an executioner is destructive of its sensibility. I remember, during my residence in another country, that I was exceedingly struck with a sentence of M. Autheine, at the Jacobins [Club], which corresponds exactly with my own idea,—"Make me a king to-day," said he, "and I shall be a robber to-morrow."
Nevertheless, I am inclined to believe that if Louis Capet had been born in obscure condition, had he lived within the circle of an amiable and respectable neighbourhood, at liberty to practice the duties of domestic life, had he been thus situated, I cannot believe that he would have shewn himself destitute of social virtues: we are, in a moment of fermentation like this, naturally little indulgent to his vices, or rather to those of his government; we regard them with additional horror and indignation; not that they are more heinous than those of his predecessors, but because our eyes are now open, and the veil of delusion at length withdrawn; yet the lamentable, degraded state to which he is actually reduced, is surely far less imputable to him than to the Constituent Assembly, which, of its own authority, without consent or advice of the people, restored him to the throne.
I was in Paris at the time of the flight, or abdication of Louis XVI., and when he was taken and brought back. The proposal of restoring him to supreme power struck me with amazement; and although at that time I was not a French citizen, yet as a citizen of the world I employed all the efforts that depended on me to prevent it.
A small society, composed only of five persons, two of whom are now members of the Convention,(1) took at that time the name of the Republican Club (Société Républicaine). This society opposed the restoration of Louis, not so much on account of his personal offences, as in order to overthrow the monarchy, and to erect on its ruins the republican system and an equal representation.
With this design, I traced out in the English language certain propositions, which were translated with some trifling alterations, and signed by Achille Duchâtelet, now Lieutenant-General in the army of the French republic, and at that time one of the five members which composed our little party: the law requiring the signature of a citizen at the bottom of each printed paper.
The paper was indignantly torn by Malouet; and brought forth in this very room as an article of accusation against the person who had signed it, the author and their adherents; but such is the revolution of events, that this paper is now received and brought forth for a very opposite purpose—to remind the nation of the errors of that unfortunate day, that fatal error of not having then banished Louis XVI. from its bosom, and to plead this day in favour of his exile, preferable to his death.
The paper in question, was conceived in the following terms:
[The address constitutes the first chapter of the present volume.]
Having thus explained the principles and the exertions of the republicans at that fatal period, when Louis was rein-stated in full possession of the executive power which by his flight had been suspended, I return to the subject, and to the deplorable situation in which the man is now actually involved.
What was neglected at the time of which I have been speaking, has been since brought about by the force of necessity. The wilful, treacherous defects in the former constitution have been brought to light; the continual alarm of treason and conspiracy aroused the nation, and produced eventually a second revolution. The people have beat down royalty, never, never to rise again; they have brought Louis Capet to the bar, and demonstrated in the face of the whole world, the intrigues, the cabals, the falsehood, corruption, and rooted depravity, the inevitable effects of monarchical government. There remains then only one question to be considered, what is to be done with this man?
For myself I seriously confess, that when I reflect on the unaccountable folly that restored the executive power to his hands, all covered as he was with perjuries and treason, I am far more ready to condemn the Constituent Assembly than the unfortunate prisoner Louis Capet.
But abstracted from every other consideration, there is one circumstance in his life which ought to cover or at least to palliate a great number of his transgressions, and this very circumstance affords to the French nation a blessed occasion of extricating itself from the yoke of kings, without defiling itself in the impurities of their blood.
It is to France alone, I know, that the United States of America owe that support which enabled them to shake off the unjust and tyrannical yoke of Britain. The ardour and zeal which she displayed to provide both men and money, were the natural consequence of a thirst for liberty. But as the nation at that time, restrained by the shackles of her own government, could only act by the means of a monarchical organ, this organ—whatever in other respects the object might be—certainly performed a good, a great action.
Let then those United States be the safeguard and asylum of Louis Capet. There, hereafter, far removed from the miseries and crimes of royalty, he may learn, from the constant aspect of public prosperity, that the true system of government consists not in kings, but in fair, equal, and honourable representation.
In relating this circumstance, and in submitting this proposition, I consider myself as a citizen of both countries. I submit it as a citizen of America, who feels the debt of gratitude which he owes to every Frenchman. I submit it also as a man, who, although the enemy of kings, cannot forget that they are subject to human frailties. I support my proposition as a citizen of the French republic, because it appears to me the best, the most politic measure that can be adopted.
As far as my experience in public life extends, I have ever observed, that the great mass of the people are invariably just, both in their intentions and in their objects; but the true method of accomplishing an effect does not always shew itself in the first instance. For example: the English nation had groaned under the despotism of the Stuarts. Hence Charles I. lost his life; yet Charles II. was restored to all the plenitude of power, which his father had lost. Forty years had not expired when the same family strove to reestablish their ancient oppression; so the nation then banished from its territories the whole race. The remedy was effectual. The Stuart family sank into obscurity, confounded itself with the multitude, and is at length extinct.
The French nation has carried her measures of government to a greater length. France is not satisfied with exposing the guilt of the monarch. She has penetrated into the vices and horrors of the monarchy. She has shown them clear as daylight, and forever crushed that system; and he, whoever he may be, that should ever dare to reclaim those rights would be regarded not as a pretender, but punished as a traitor.
Two brothers of Louis Capet have banished themselves from the country; but they are obliged to comply with the spirit and etiquette of the courts where they reside. They can advance no pretensions on their own account, so long as Louis Capet shall live.
Monarchy, in France, was a system pregnant with crime and murders, cancelling all natural ties, even those by which brothers are united. We know how often they have assassinated each other to pave a way to power. As those hopes which the emigrants had reposed in Louis XVI. are fled, the last that remains rests upon his death, and their situation inclines them to desire this catastrophe, that they may once again rally around a more active chief, and try one further effort under the fortune of the ci-devant Monsieur and d'Artois. That such an enterprize would precipitate them into a new abyss of calamity and disgrace, it is not difficult to foresee; yet it might be attended with mutual loss, and it is our duty as legislators not to spill a drop of blood when our purpose may be effectually accomplished without it.
It has already been proposed to abolish the punishment of death, and it is with infinite satisfaction that I recollect the humane and excellent oration pronounced by Robespierre on that subject in the Constituent Assembly. This cause must find its advocates in every corner where enlightened politicians and lovers of humanity exist, and it ought above all to find them in this assembly.
Monarchical governments have trained the human race, and inured it to the sanguinary arts and refinements of punishment; and it is exactly the same punishment which has so long shocked the sight and tormented the patience of the people, that now, in their turn, they practice in revenge upon their oppressors. But it becomes us to be strictly on our guard against the abomination and perversity of monarchical examples: as France has been the first of European nations to abolish royalty, let her also be the first to abolish the punishment of death, and to find out a milder and more effectual substitute.
In the particular case now under consideration, I submit the following propositions: 1st, That the National Convention shall pronounce sentence of banishment on Louis and his family. 2d, That Louis Capet shall be detained in prison till the end of the war, and at that epoch the sentence of banishment to be executed.
(Read in French by Deputy Bancal,)
Very sincerely do I regret the Convention's vote of yesterday for death.
Marat [interrupting]: I submit that Thomas Paine is incompetent to vote on this question; being a Quaker his religious principles are opposed to capital punishment. [Much confusion, quieted by cries for "freedom of speech" on which Bancal proceeds with Paine's speech.]
I have the advantage of some experience; it is near twenty years that I have been engaged in the cause of liberty, having contributed something to it in the revolution of the United States of America, My language has always been that of liberty and humanity, and I know that nothing so exalts a nation as the union of these two principles, under all circumstances. I know that the public mind of France, and particularly that of Paris, has been heated and irritated by the dangers to which they have been exposed; but could we carry our thoughts into the future, when the dangers are ended and the irritations forgotten, what to-day seems an act of justice may then appear an act of vengeance. [Murmurs.] My anxiety for the cause of France has become for the moment concern for her honor. If, on my return to America, I should employ myself on a history of the French Revolution, I had rather record a thousand errors on the side of mercy, than be obliged to tell one act of severe justice. I voted against an appeal to the people, because it appeared to me that the Convention was needlessly wearied on that point; but I so voted in the hope that this Assembly would pronounce against death, and for the same punishment that the nation would have voted, at least in my opinion, that is for reclusion during the war, and banishment thereafter.(1) That is the punishment most efficacious, because it includes the whole family at once, and none other can so operate. I am still against the appeal to the primary assemblies, because there is a better method. This Convention has been elected to form a Constitution, which will be submitted to the primary assemblies. After its acceptance a necessary consequence will be an election and another assembly. We cannot suppose that the present Convention will last more than five or six months. The choice of new deputies will express the national opinion, on the propriety or impropriety of your sentence, with as much efficacy as if those primary assemblies had been consulted on it. As the duration of our functions here cannot be long, it is a part of our duty to consider the interests of those who shall replace us. If by any act of ours the number of the nation's enemies shall be needlessly increased, and that of its friends diminished,—at a time when the finances may be more strained than to-day,—we should not be justifiable for having thus unnecessarily heaped obstacles in the path of our successors. Let us therefore not be precipitate in our decisions.
France has but one ally—the United States of America. That is the only nation that can furnish France with naval provisions, for the kingdoms of northern Europe are, or soon will be, at war with her. It unfortunately happens that the person now under discussion is considered by the Americans as having been the friend of their revolution. His execution will be an affliction to them, and it is in your power not to wound the feelings of your ally. Could I speak the French language I would descend to your bar, and in their name become your petitioner to respite the execution of the sentence on Louis.
Thuriot: This is not the language of Thomas Paine.
Marat: I denounce the interpreter. I maintain that it is not Thomas Paine's opinion. It is an untrue translation.
Garran: I have read the original, and the translation is correct.(1)
[Prolonged uproar. Paine, still standing in the tribune beside his interpreter, Deputy Bancal, declared the sentiments to be his.]
Your Executive Committee will nominate an ambassador to Philadelphia; my sincere wish is that he may announce to America that the National Convention of France, out of pure friendship to America, has consented to respite Louis. That people, by my vote, ask you to delay the execution.
Ah, citizens, give not the tyrant of England the triumph of seeing the man perish on the scaffold who had aided my much-loved America to break his chains!
Marat ["launching himself into the middle of the hall"]: Paine voted against the punishment of death because he is a Quaker.
Paine: I voted against it from both moral motives and motives of public policy.
The object of all union of men in society being maintenance of their natural rights, civil and political, these rights are the basis of the social pact: their recognition and their declaration ought to precede the Constitution which assures their guarantee.
1. The natural rights of men, civil and political, are liberty, equality, security, property, social protection, and resistance to oppression.
2. Liberty consists in the right to do whatever is not contrary to the rights of others: thus, exercise of the natural rights of each individual 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 submission to the Law, which is the expression of the general will. Nothing unforbidden by law can be hindered, and none may be forced to do what the law does not command.
4. Every man is free to make known his thoughts and opinions.
5. Freedom of the press, and every other means of publishing one's opinion, cannot be interdicted, suspended, or limited.
6. Every citizen shall be free in the exercise of his religion (culte).
7. Equality consists in the enjoyment by every one of the same rights.
8. The law should be equal for all, whether it rewards or punishes, protects or represses.
9. All citizens are admissible to all public positions, employments, and functions. Free nations recognize no grounds of preference save talents and virtues.
10. Security consists in the protection accorded by society to every 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, further, 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 to repel force by force; but every citizen summoned or arrested by authority of the Law, and in the forms by it prescribed, should instantly obey: he renders himself guilty by resistance.
14. Every man being presumed innocent until legally pronounced guilty, should his arrest be deemed indispensable, all rigor not necessary to secure his person should be severely represssed by law.
15. None should be punished save in virtue of a law formally enacted, promulgated anterior to the offence, and legally applied.
16. Any law that should punish offences committed before its existence would be an arbitrary act. Retroactive effect given to the law is a crime.
17. The law should award only penalties strictly and evidently necessary to the general safety. Penalties should be proportioned to offences, and useful to society.
18. The right of property consists in every man's being master in the disposal, at his will, of his goods, capital, income, and industry.
19. No kind of labor, commerce, or culture, can be prohibited to 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 can be deprived of the least portion of his property without his consent, unless evidently required by public necessity, legally determined, and under the condition of a just indemnity in advance.
22. No tax shall be imposed except for the general welfare, and to meet public needs. All citizens have the right to unite personally, or by their representatives, in the fixing of imposts.
23. Instruction is the need of all, and society owes it to all its members equally.
24. Public succours are a sacred debt of society; 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 every citizen has an equal right to unite in its exercise.
28. No partial assemblage of citizens, and no individual, may attribute to themselves sovereignty, or exercise any authority, or discharge any public function, without formal delegation thereto by the law.
29. The social guarantee cannot exist if the limits of public administration are not clearly determined by law, and if the responsibility of all public functionaries is not assured.
30. All citizens are bound to unite in this guarantee, and in enforcing the law when summoned in its name.
31. Men united in society should have legal means of resisting oppression.
32. There is oppression when any law violates the natural rights, civil and political, which it should guarantee.
There is oppression when the law is violated by public officials in its application to individual cases.
There is oppression when arbitrary actions violate the rights of citizen against the express purpose (expression) of the law.
In a free government the mode of resisting these different acts of oppression should be regulated by the Constitution.
33. A people possesses always the right to reform and alter its Constitution. A generation has no right to subject a future generation to its laws; and all heredity in offices is absurd and tyrannical.
Paris, 20 April, 1793.
My dear Friend,—The gentleman (Dr. Romer) to whom I entrust this letter is an intimate acquaintance of Lavater; but I have not had the opportunity of seeing him, as he had set off for Havre prior to my writing this letter, which I forward to him under cover from one of his friends, who is also an acquaintance of mine.
We are now in an extraordinary crisis, and it is not altogether without some considerable faults here. Dumouriez, partly from having no fixed principles of his own, and partly from the continual persecution of the Jacobins, who act without either prudence or morality, has gone off to the Enemy, and taken a considerable part of the Army with him. The expedition to Holland has totally failed, and all Brabant is again in the hands of the Austrians.
You may suppose the consternation which such a sudden reverse of fortune has occasioned, but it has been without commotion. Dumouriez threatened to be in Paris in three weeks. It is now three weeks ago; he is still on the frontier near to Mons with the Enemy, who do not make any progress. Dumouriez has proposed to re-establish the former Constitution in which plan the Austrians act with him. But if France and the National Convention act prudently this project will not succeed. In the first place there is a popular disposition against it, and there is force sufficient to prevent it. In the next place, a great deal is to be taken into the calculation with respect to the Enemy. There are now so many persons accidentally jumbled together as to render it exceedingly difficult to them to agree upon any common object.
The first object, that of restoring the old Monarchy, is evidently given up by the proposal to re-establish the late Constitution. The object of England and Prussia was to preserve Holland, and the object of Austria was to recover Brabant; while those separate objects lasted, each party having one, the Confederation could hold together, each helping the other; but after this I see not how a common object is to be formed. To all this is to be added the probable disputes about opportunity, the expence, and the projects of reimbursements. The Enemy has once adventured into France, and they had the permission or the good fortune to get back again. On every military calculation it is a hazardous adventure, and armies are not much disposed to try a second time the ground upon which they have been defeated.
Had this revolution been conducted consistently with its principles, there was once a good prospect of extending liberty through the greatest part of Europe; but I now relinquish that hope. Should the Enemy by venturing into France put themselves again in a condition of being captured, the hope will revive; but this is a risk I do not wish to see tried, lest it should fail.
As the prospect of a general freedom is now much shortened, I begin to contemplate returning home. I shall await the event of the proposed Constitution, and then take my final leave of Europe. I have not written to the President, as I have nothing to communicate more than in this letter. Please to present him my affection and compliments, and remember me among the circle of my friends.
Your sincere and affectionate friend,
Thomas Paine.
P. S. I just now received a letter from General Lewis Morris, who tells me that the house and Barn on my farm at New Rochelle are burnt down. I assure you I shall not bring money enough to build another.
Paris, 20 Oct., 1793.
I wrote you by Captain Dominick who was to sail from Havre about the 20th of this month. This will probably be brought you by Mr. Barlow or Col. Oswald. Since my letter by Dominick I am every day more convinced and impressed with the propriety of Congress sending Commissioners to Europe to confer with the Ministers of the Jesuitical Powers on the means of terminating the War. The enclosed printed paper will shew there are a variety of subjects to be taken into consideration which did not appear at first, all of which have some tendency to put an end to the War. I see not how this War is to terminate if some intermediate power does not step forward. There is now no prospect that France can carry revolutions into Europe on the one hand, or that the combined powers can conquer France on the other hand. It is a sort of defensive War on both sides. This being the case, how is the War to close? Neither side will ask for peace though each may wish it. I believe that England and Holland are tired of the War. Their Commerce and Manufactures have suffered most exceedingly,—besides this, it is for them a War without an object. Russia keeps herself at a distance.
I cannot help repeating my wish that Congress would send Commissioners, and I wish also that yourself would venture once more across the ocean, as one of them. If the Commissioners rendezvous at Holland they would know what steps to take. They could call Mr. Pinckney [Gen. Thomas Pinckney, American Minister in England] to their councils, and it would be of use, on many accounts, that one of them should come over from Holland to France. Perhaps a long truce, were it proposed by the neutral powers, would have all the effects of a Peace, without the difficulties attending the adjustment of all the forms of Peace.
Yours affectionately,
Thomas Paine.