More than fifty thousand copies of the first part of "The Rights of Man" had been sold, and the public hungrily awaited the author's next work. But he kept back his proofs until Burke should fulfil his promise of returning to the subject and comparing the English and French constitutions. He was disappointed, however, at finding no such comparison in Burke's "Appeal from the New to the Old Whigs." It did, however, contain a menace that was worth waiting for.
"Oldys" (Chalmers) says that Paine was disappointed at not being arrested for his first pamphlet on "The Rights of Man," and had, "while fluttering on the wing for Paris, hovered about London a whole week waiting to be taken." It is, indeed, possible that he would have been glad to elicit just then a fresh decision from the courts in favor of freedom of speech and of the press, which would strengthen faint hearts. If he had this desire he was resolved not to be disappointed a second time.
A publisher (Chapman) offered him a thousand guineas for the manuscript of Part II. Paine declined; "he wished to reserve it in his own hands." Facts afterwards appeared which rendered it probable that this was a ministerial effort to suppress the book.*
Paine's Part Second was to appear about the first of February, or before the meeting of Parliament But the printer (Chapman) threw up the publication, alleging its "dangerous tendencies," whereby it was delayed until February 17th, when it was published by Jordan. Meanwhile, his elaborate scheme for reducing taxes so resembled that which Pitt had just proposed in Parliament that the author appended his reasons for believing that his pages had been read by the government clerk, Chalmers, and his plan revealed to Pitt. "Be the case, however, as it may, Mr. Pitt's plan, little and diminutive as it is, would have made a very awkward appearance had this work appeared at the time the printer had engaged to finish it."
At the time (September) when Chapman began printing Paine's Part II., George Chalmers brought to the same press his libellous "Life of Pain." On learning that Chapman was printing Paine, Chalmers took his book away. As Chalmers was a government employe, and his work larger. Chapman returned Paine's work to him half printed, and the Chalmers book was restored to him. As Chapman stated in his testimony, and so wrote to Paine (January 17, 1792), that he was unwilling to go on with the printing because of the dangerous tendency of a part of it, his offer of a thousand guineas for it could only have contemplated its expurgation or total suppression. That it was the latter, and that the money was to be paid by the government, is rendered probable by the evidences in Chalmers' book, when it appeared, that he had been allowed the perusal of Paine's manuscript while in Chapman's hands. Chalmers also displays intimate knowledge of Chapman's business transactions with Paine.
In the light of Pitt's subsequent career it is a significant fact that, in the beginning of 1792, he should be suspected of stealing Paine's thunder! And, indeed, throughout Paine's Part Second the tone towards Pitt implies some expectation of reform from him. Its severity is that which English agitators for constitutional reform have for a half century made familiar and honorable. The historical student finds mirrored in this work the rosy picture of the United States as seen at its dawn by the disfranchised people of Europe, and beside that a burdened England now hardly credible. It includes an historical statement of the powers claimed by the crown and gradually distributed among non-elective peers and class-elective commoners, the result being a combination of all three against admission of the people to any degree of self-government. Though the arraignment is heavy, the method of reform is set forth with moderation. Particular burdens are pointed out, and England is warned to escape violent revolution by accommodating itself to the new age. It is admitted that no new system need be constructed. "Mankind (from the long tyranny of assumed power) have had so few opportunities of making the necessary trials on modes and principles of government, in order to discover the best, that government is but now beginning to be known, and experience is yet wanting to determine many particulars." Paine frankly retracts an old opinion of his own, that the legislature should be unicameral. He now thinks that, though there should be but one representation, it might secure wiser deliberation to divide it, by lot, into two or three parts. "Every proposed bill shall first be debated in those parts, by succession, that they may become hearers of each other, but without taking any vote; after which the whole representation to assemble, for a general debate, and determination by vote." The great necessity is that England shall gather its people, by representation, in convention and frame a constitution which shall contain the means of peaceful development in accordance with enlightenment and necessity.
In Part I. Paine stated his general principles with some reservations, in view of the survival of royalty in the French constitution. In Part II. his political philosophy is freely and fully developed, and may be summarized as follows:
1. Government is the organization of the aggregate of those natural rights which individuals are not competent to secure individually, and therefore surrender to the control of society in exchange for the protection of all rights.
2. Republican government is that in which the welfare of the whole nation is the object.
3. Monarchy is government, more or less arbitrary, in which the interests of an individual are paramount to those of the people generally.
4. Aristocracy is government, partially arbitrary, in which the interests of a class are paramount to those of the people generally.
5. Democracy is the whole people governing themselves without secondary means.
6. Representative government is the control of a nation by persons elected by the whole nation.
7. The Rights of Man mean the right of all to representation.
Democracy, simple enough in small and primitive societies, degenerates into confusion by extension to large populations. Monarchy, which originated amid such confusion, degenerates into incapacity by extension to vast and complex interests requiring "an assemblage of practical knowledges which no one individual can possess." "The aristocratical form has the same vices and defects with the monarchical, except that the chance of abilities is better from the proportion of numbers."
The representative republic advocated by Paine is different from merely epitomized democracy. "Representation is the delegated monarchy of a nation." In the early days of the American republic, when presidential electors were independent of the constituents who elected them, the filtration of democracy was a favorite principle among republicans. Paine evidently regards the representative as different from a delegate, or mere commissioner carrying out instructions. The representatives of a people are clothed with their sovereignty; that, and not opinions or orders, has been transferred to them by constituencies. Hence we find Paine, after describing the English people as "fools" (p. 260), urging representation as a sort of natural selection of wisdom.
"Whatever wisdom constituency is, it is like a seedless plant; it may be reared when it appears, but it cannot be voluntarily produced. There is always a sufficiency somewhere in the general mass of society for all purposes; but, with respect to the parts of society, it is continually changing place. It rises in one today, in another tomorrow, and has most probably visited in rotation every family of the earth, and again withdrawn. As this is the order of nature, the order of government must follow it, or government will, as we see it does, degenerate into ignorance. The hereditary system therefore, is as repugnant to human wisdom as to human rights; and is as absurd as unjust As the republic of letters brings forward the best literary productions, by giving to genius a fair and universal chance, so the representative system is calculated to produce the wisest laws, by collecting wisdom where it can be found."
We have seen that "Publicola" (John Quincy Adams) in his answer to Paine's Part I. had left the people no right to alter government but the right of revolution, by violence; Erskine pointed out that Burkes pamphlet had similarly closed every other means of reform. Paine would civilize reformation:
"Formerly, when divisions arose respecting governments, recourse was had to the sword, and civil war ensued. That savage custom is exploded by the new system, and reference is had to national conventions. Discussion and the general will arbitrate the question, private opinion yields with a good grace, and order is preserved uninterrupted."
Thus he is really trying to supplant the right of revolution with the right of evolution:
"It is now towards the middle of February. Were I to take a turn in the country the trees would present a leafless wintery appearance. As people are apt to pluck twigs as they go along, I perhaps might do the same, and by chance might observe that a single bud on that twig had begun to smell. I should reason very unnaturally, or rather not reason at all to suppose this was the only bud in England which had this appearance. Instead of deciding thus, I should instantly conclude that the same appearance was beginning, or about to begin, everywhere; and though the vegetable sleep will continue longer on some trees and plants than others, and though some of them may not blossom for two or three years, all will be in leaf in the summer, except those which are rotten. What pace the political summer may keep with the natural, no human foresight can determine. It is, however, not difficult to perceive that the Spring is begun. Thus wishing, as I sincerely do, freedom and happiness to all nations, I close the Second Part."
Apparently the publisher expected trouble. In the Gazetteer, January 25th, had appeared the following notice:
"Mr. Paine, it is known, is to produce another book this season. The composition of this is now past, and it was given a few weeks since to two printers, whose presses it was to go through as soon as possible. They printed about half of it, and then, being alarmed by some intimations, refused to go further. Some delay has thus occurred, but another printer has taken it, and in the course of the next month it will appear. Its title is to be a repetition of the former, 'The Rights of Man,' of which the words 'Part the Second' will shew that it is a continuation."
That the original printer, Chapman, impeded the publication is suggested by the fact that on February 7th, thirteen days after the above announcement, Paine writes: "Mr. Chapman, please to deliver to Mr. Jordan the remaining sheets of the Rights of Man." And that "some intimations" were received by Jordan also may be inferred from the following note and enclosure to him:
"February 16, 1792.—For your satisfaction and my own, I send you the enclosed, tho' I do not apprehend there will be any occasion to use it. If, in case there should, you will immediately send a line for me under cover to Mr. Johnson, St. Paul's Church-Yard, who will forward it to me, upon which I shall come and answer personally for the work. Send also to Mr. Home Tooke.—T. P."
"February 16, 1792.—Sir: Should any person, under the sanction of any kind of authority, enquire of you respecting the author and publisher of the Rights of Man, you will please to mention me as the author and publisher of that work, and shew to such person this letter. I will, as soon as I am made acquainted with it, appear and answer for the work personally.—Your humble servant,
"Thomas Pain."
"Mr. Jordan, No. 166 Fleet-street."
Some copies were in Paine's hands three days before publication, as appears by a note of February 13th to Jefferson, on hearing of Morris' appointment as Minister to France:
"Mr. Kennedy, who brings this to New York, is on the point of setting out. I am therefore confined to time. I have enclosed six copies of my work for yourself in a parcel addressed to the President, and three or four for my other friends, which I wish you to take the trouble of presenting.
"I have just heard of Governeur Morris's appointment. It is a most unfortunate one; and, as I shall mention the same thing to him when I see him, I do not express it to you with the injunction of confidence. He is just now arrived in London, and this circumstance has served, as I see by the french papers, to increase the dislike and suspicion of some of that nation and the National Assembly against him.
"In the present state of Europe it would be best to make no appointments."
Lafayette wrote Washington a strong private protest against Morris, but in vain. Paine spoke frankly to Morris, who mentions him on Washington's birthday:
"February 22. I read Paine's new publication today, and tell him that I am really afraid he will be punished. He seems to laugh at this, and relies on the force he has in the nation. He seems to become every hour more drunk with self-conceit. It seems, however, that his work excites but little emotion, and rather raises indignation. I tell him that the disordered state of things in France works against all schemes of reformation both here and elsewhere. He declares that the riots and outrages in France are nothing at all. It is not worth while to contest such declarations. I tell him, therefore, that as I am sure he does not mean what he says, I shall not dispute it. Visit the Duchess of Gordon, who tells me that she supposes I give Paine his information about America, and speaks very slightly of our situation, as being engaged in a civil war with the Indians. I smile, and tell her that Britain is also at war with Indians, though in another hemisphere."
In his appendix Paine alludes vaguely to the book of George Chalmers ("Oldys").
"A ministerial bookseller in Picadilly, who has been employed, as common report says, by a clerk of one of the boards closely connected with the Ministry (the board of Trade and Plantations, of which Lord Hawkesbury is president) to publish what he calls my Life (I wish his own life and that of the Cabinet were as good,) used to have his books printed at the same printing office that I employed."
In his fifth edition Chalmers claims that this notice of his work, unaccompanied by any denial of its statements, is an admission of their truth. It looks as if Paine had not then seen the book, but he never further alluded to it. There was nothing in Chalmers' political or orthographical criticisms requiring answer, and its tar and feathers were so adroitly mixed, and applied with such a masterly hand, that Paine had to endure his literary lynching in silence. "Nothing can lie like the truth."*
Chalmers' libels were so ingeniously interwoven with the actual stumbles and humiliations of Paine's early life, that the facts could not be told without dragging before the public his mother's corpse, and breaking treaty with his divorced wife. Chalmers would have been more successful as a government employe in this business had he not cared more for himself than for his party. By advertising, as we have seen (Preface, xv), his first edition as a "Defence" of Paine's writings he reaped a pecuniary harvest from the Painites before the substitution of "Review" tempted the Burkites. This trick probably enraged more than it converted. The pompous pseudonym covered a vanity weak enough to presently drop its lion skin, revealing ears sufficiently long to expect for a government clerk the attention accorded to a reverend M.A. of the University of Pennsylvania. This degree was not only understood in England with a clerical connotation, but it competed with Paine's "M.A." from the same institution. The pseudonym also concealed the record of Chalmers as a Tory refugee from Maryland, and an opponent of Burke, long enough to sell several editions. But the author was known early in 1792, and was named in an important pamphlet by no means altogether favorable to Paine. After rebuking Paine for personalities towards men whose station prevents reply, this writer also disagrees with him about the Constitution. But he declares that Paine has collected the essence of the most venerated writers of Europe in the past, and applied the same to the executive government, which cannot stand the test.
"The Constitution will; but the present mode of administering that Constitution must shrink from the comparison. And this is the reason, that foolish Mr. Rose of the Treasury trembles on the bench, and the crafty clerk in Lord Hawkesbury's office, carries on his base attacks against Paine by sap, fights him under the mask of a Philadelphia parson, fit disguise for the most impudent falsehoods that ever were published, and stabs him in the dark. But, of this upstart clerk at the Cockpit, more hereafter."*
George Chalmers being mentioned by name in this and other pamphlets, and nothing like a repudiation coming from him or from "Oldys" in any of his ten editions, the libel recoiled on the government, while it damaged Paine. The meanness of meeting inconvenient arguments by sniffing village gossip for private scandals was resented, and the calumnies were discounted. Nevertheless, there was probably some weakening in the "Paineite" ranks. Although this "un-English" tracking of a man from his cradle, and masked assassination angered the republicans, it could hardly fail to intimidate some. In every period it has been seen that the largest interests, even the liberties, of English peoples may be placed momentarily at the mercy of any incident strongly exciting the moral sentiment A crafty clerk accuses Paine of maltreating his wife; the leader's phalanx of friends is for one instant disconcerted; Burke perceives the opportunity and points it out to the King; Pitt must show equal jealousy of royal authority; Paine is prosecuted. There is little doubt that Pitt was forced to this first step which reversed the traditions of English freedom, and gave that Minister his historic place as the English Robespierre of counter-revolution.*
On May 14th Paine, being at Bromley, Kent, learned that the government had issued summons against Jordan, his publisher. He hastened to London and assumed the expense of Jordan's defence. Jordan, however, privately compromised the affair by agreeing to plead guilty, surrender his notes relating to Paine, and receive a verdict to the author's prejudice—that being really the end of the government's business with the publisher. On May 21st a summons was left on Paine at his London lodgings (Rickman's house) to appear at the Court of King's Bench on June 8th. On the same day issued a royal proclamation against seditious writings. On May 25th, in the debate on the Proclamation, Secretary Dundas said in the House of Commons that the proceedings against Jordan were instituted because Mr. Paine could not be found. Thereupon Paine, detecting the unreality of the prosecution of his publisher, addressed a letter to the Attorney-General.. Alluding to the remark of Dundas in Parliament, he says:
"Mr. Paine, Sir, so far from secreting himself never went a step out of his way, nor in the least instance varied from his usual conduct, to avoid any measure you might choose to adopt with respect to him. It is on the purity of his heart, and the universal utility of the principles and plans which his writings contain, that he rests the issue; and he will not dishonour it by any kind of subterfuge. The apartments which he occupied at the time of writing the work last winter, he has continued to occupy to the present hour, and the solicitors of the prosecution know where to find him; of which there is a proof in their own office, as far back as the 21st of May, and also in the office of my own attorney.—But admitting, for the sake of the case, that the reason for proceeding against the publication was, as Mr. Dundas stated, that Mr. Paine could not be found, that reason can now exist no longer. The instant that I was informed that an information was preparing to be filed against me as the author of, I believe, one of the most useful and benevolent books ever offered to mankind, I directed my attorney to put in an appearance; and as I shall meet the prosecution fully and fairly, and with a good and upright conscience, I have a right to expect that no act of littleness will be made use of on the part of the prosecution towards influencing the future issue with respect to the author. This expression may, perhaps, appear obscure to you, but I am in the possession of some matters which serve to show that the action against the publisher is not intended to be a real action."
He then intimates that, if his suspicions should prove well-founded, he will withdraw from his intention of defending the publisher, and proposes that the case against Jordan be given up. At the close of his letter Paine says:
"I believe that Mr. Burke, finding himself defeated, has been one of the promoters of this prosecution; and I shall return the compliment by shewing, in a future publication, that he has been a masked pensioner at £1500 per annum for about ten years. Thus it is that the public money is wasted, and the dread of public investigation is produced."
The secret negotiations with the publisher being thus discovered, no more was heard of Jordan, except that his papers were brought out at Paine's trial.
The Information against Paine, covering forty-one pages, octavo, is a curiosity. It recites that "Thomas Paine, late of London, gentleman, being a wicked, malicious, seditious, and ill-disposed person, and being greatly disaffected to our said Sovereign Lord the now King, and to the happy constitution and government of this kingdom... and to bring them into hatred and contempt, on the sixteenth day of February, in the thirty-second year of the reign of our said present Sovereign Lord the King, with force and arms at London aforesaid, to wit, in the parish of St. Mary le Bone, in the Ward of Cheap, he, the said Thomas, wickedly, maliciously and seditiously, did write and publish, and caused to be written and published, a certain false, scandalous, malicious, and seditious libel, of and concerning the said late happy Revolution, and the said settlements and limitations of the crown and regal governments of the said kingdoms and dominions... intituled, 'Rights of Man, Part the Second, Combining principle and practice.'... In one part thereof, according to the tenor and effect following, that is to say, 'All hereditary government is in its nature tyranny. An heritable crown' (meaning, amongst others, the crown of this kingdom) 'or an heritable throne,' (meaning the throne of this kingdom), 'or by what-other fanciful name such things may be called, have no other significant explanation than that mankind are heritable property. To inherit a government is to inherit the people, as if they were flocks and herds.'... 'The time is not very distant when England will laugh at itself for sending to Holland, Hanover, Zell, or Brunswick, for men' (meaning the said King William the Third, and King George the First) « at the expence of a million a year, who understood neither her laws, her language, nor her interest, and whose capacities would scarcely have fitted them for the office of a parish constable. If government could be trusted to such hands, it must be some easy and simple thing indeed; and materials fit for all the purposes may be found in every town and village in England.' In contempt of our said Lord the now King and his laws, to the evil example of all others in like case offending, and against the peace of our said Lord the King, his crown and dignity. Whereupon the said Attorney General of our said Lord the King, who for our said Lord the King in this behalf, prose-cuteth for our said Lord the King, prayeth the consideration of the court here in the premises, and that due process of law may be awarded against him, the said Thomas Paine, in this behalf, to make him answer to our said Lord the King, touching and concerning the premises aforesaid.
"To this information the defendant hath appeared, and pleaded Not Guilty, and thereupon issue is joined."
The specifications and quotations in the Information are reiterated twice, in one case (Paine's note on William and Mary centenary), three times.*
It is marvellous that such an author, martial with "force and arms," could still walk freely about London. But the machinery for suppressing thought had always a tendency to rust in England; it had to be refurbished. To the royal proclamation against seditious writings corporations and rotten boroughs responded with loyal addresses. In the debate on that proclamation (May 25th) Secretary Dundas and Mr. Adam had arraigned Paine, and he addressed an open letter to the Secretary (June 6th) which was well received. Mr. Adam had said that:
"He had well considered the subject of constitutional publications, and was by no means ready to say that books of science upon government though recommending a doctrine or system different from the form of our constitution were fit objects of prosecution; that if he did, he must condemn Harrington for his Oceana, Sir Thomas More for his Utopia, and Hume for his Idea of a Perfect Commonwealth. But the publication of Mr. Paine reviled what was most sacred in the Constitution, destroyed every principle of subordination, and established nothing in their room."
The real difficulty was that Paine had put something in the room of hereditary monarchy—not a Utopia, but the representative system of the United States. He now again compares the governmental expenses of England and America and their condition. He shows that the entire government of the United States costs less than the English pension list alone.
"Here is a form and system of government that is better organized than any other government in the world, and that for less than one hundred thousand pounds, and yet every member of Congress receives as a compensation for his time and attendance on public business, one pound seven shillings per day, which is at the rate of nearly five hundred pounds a year. This is a government that has nothing to fear. It needs no proclamations to deter people from writing and reading. It needs no political superstition to support it. It was by encouraging discussion and rendering the press free upon all subjects of government, that the principles of government became understood in America, and the people are now enjoying their present blessings under it. You hear of no riots, tumults and disorders in that country; because there exists no cause to produce them. Those things are never the effect of freedom, but of restraint, oppression, and excessive taxation."
On June 8th Paine appeared in court and was much disappointed by the postponement of his trial to December. Lord Onslow having summoned a meeting at Epsom of the gentry in Surrey, to respond to the proclamation, receives due notice. Paine sends for presentation to the gentlemen one hundred copies of his "Rights of Man," one thousand of his "Letter to Dundas." The bearer is Home Tooke, who opens his speech of presentation by remarking on the impropriety that the meeting should be presided over by Lord Onslow, a bed-chamber lord (sinecure) at £1,000, with a pension of £3,000. Tooke, being cut short, his speech was continued by Paine, whose two letters to Onslow (June 17th and 21st) were widely circulated.*
On June 20th was written a respectful letter to the Sheriff of Sussex, or other presiding officer, requesting that it be read at a meeting to be held in Lewes. This interesting letter has already been quoted in connection with Paine's early residence at Lewes. In these letters the author reinforces his accused book, reminds the assemblies of their illegal conduct in influencing the verdict in a pending matter, taunts them with their meanness in seeking to refute by brute force what forty pamphlets had failed to refute by argument.
The meeting at Lewes, his old town, to respond to the proclamation occurred on the fourth of July. That anniversary of his first cause was celebrated by Paine also. Notified by his publisher that upwards of a thousand pounds stood to his credit, he directed it to be all sent as a present to the Society for Constitutional Information.*
A careful tract of 1793 estimates the sales of "The Rights of Man" up to that year at 200,000 copies.** In the opinion of the famous publisher of such literature, Richard Carlile, the kings proclamation seriously impeded the sale. "One part of the community is afraid to sell, and another to purchase, under such conditions. It is not too much to say that, if 'Rights of Man' had obtained two or three years' free circulation in England and Scotland, it would have produced a similar effect to that which 'Common Sense' did in the United States." However, the reign of terror had not yet begun in France, nor the consequent reign of panic in England.
The prosecution of Paine in England had its counterpart in a shrine across the channel. The Moniteur, June 17, 1792, announces the burning of Paine's works at "Excester," and the expulsion from Manchester of a man pointed out as Paine. Since April 16th his "Rights of Man," sympathetically translated by M. Lanthenas, had been in every French home. Paine's portrait, just painted in England by Romney and engraved by Sharpe, was in every cottage, framed in immortelles. In this book the philosophy of visionary reformers took practical shape. From the ashes of Rousseau's "Contrat Social," burnt in Paris, rose "The Rights of Man," no phoenix, but an eagle of the new world, with eye not blinded by any royal sun.*
It comes to tell how by union of France and America—of Lafayette and Washington—the "Contrat Social" was framed into the Constitution of a happy and glorious new earth, over it a new heaven unclouded by priestly power or superstitions. By that book of Paine's (Part I), the idea of a national convention was made the purpose of the French leaders who were really inspired by an "enthusiasm of humanity." In December, 1791, when the legislature sits paralyzed under royal vetoes, Paine's panacea is proposed.*
On the tenth of August, 1792, after the massacre of the Marseillese by the King's Swiss guards, one book, hurled from the window of the mobbed palace, felled an American spectator—Robert Gilmor, of Baltimore—who consoled himself by carrying it home. The book, now in the collection of Dr. Thomas Addis Emmet, New York, was a copy of "The Thirteen Constitutions," translated by Franklin's order into French (1783) and distributed among the monarchs of Europe.**
What a contrast between the peace and order amid which the thirteen peoples, when the old laws and authorities were abolished, formed new ones, and these scenes in France! "For upwards of two years from the commencement of the American war," wrote Paine, "and a longer period, in several of the American States, there were no established forms of government. The old governments had been abolished, and the country was too much occupied in defence to employ its attention in establishing new governments; yet, during this interval, order and harmony were preserved as inviolate as in any country in Europe." When Burke pointed to the first riots in France, Paine could make a retort: the mob is what your cruel governments have made it, and only proves how necessary the overthrow of such governments. That French human nature was different from English nature he could not admit. Liberty and equality would soon end these troubles of transition. On that same tenth of August Paine's two great preliminaries are adopted: the hereditary representative is superseded and a national convention is called. The machinery for such convention, the constituencies, the objects of it, had been read in "The Rights of Man," as illustrated in the United States and Pennsylvania, by every French statesman.1 It was the American Republic they were about to found; and notwithstanding the misrepresentation of that nation by its surviving courtiers, these French republicans recognized their real American Minister: Paine is summoned.
On August 26, 1792, the National Assembly, on proposal of M. Guadet, in the name of the "Commission Extraordinaire," conferred the title of French citizen on "Priestley, Payne, Ben thorn, Wilberforce, Clarkson, Mackintosh, David Williams, Gorani, Anacharsis Clootz, Campe, Cornielle, Paw, N. Pestalozzi, Washington, Hamilton, Madison, Klopstoc, Kosciusko, Gilleers." Schiller was afterwards added, and on September 25 th the Patriote announces the same title conferred on Thomas Cooper, John Home Tooke, John Oswald, George Boies, Thomas Christie, Dr. Joseph Warner, Englishmen, and Joel Barlow, American.*
Paine was elected to the French Convention by four different departments—Oise, Puy-de-Dome, Somme, and Pas-de-Calais. The votes appear to have been unanimous.
Here is an enthusiastic appeal (Riom, le 8 Septembre) signed by Louvet, "auteur de la Sentinelle," and thirty-two others, representing nine communes, to Paine, that day elected representative of Puy-de-Dome:
"Your love for humanity, for liberty and equality, the useful works that have issued from your heart and pen in their defence, have determined our choice. It has been hailed with universal and reiterated applause. Come, friend of the people, to swell the number of patriots in an assembly which will decide the destiny of a great people, perhaps of the human race. The happy period you have predicted for the nations has arrived. Come! do not deceive their hope!"
But already Calais, which elected him September 6th, had sent a municipal officer, Achille Audibert, to London, to entreat Paine's acceptance. Paine was so eager to meet the English government in court, that he delayed his answer. But his friends had reason to fear that his martyrdom might be less mild than he anticipated, and urged his acceptance. There had been formed a society of the "Friends of Liberty," and, at its gathering of September 12th, Paine appears to have poured forth "inflammatory eloquence." At the house of his friend Johnson, on the following evening, Paine was reporting what he had said to some sympathizers, among them the mystical William Blake, who was convinced that the speech of the previous night would be followed by arrest. Gilchrist's account of what followed is here quoted:
"On Paine's rising to leave, Blake laid his hand on the orator's shoulder, saying, 'You must not go home, or you are a dead man,' and hurried him off on his way to France, whither he was now in any case bound to take his seat as a legislator. By the time Paine was at Dover, the officers were in his house, [he was staying at Rickman's, in Marylebone] and, some twenty minutes after the Custom House officials at Dover had turned over his slender baggage, narrowly escaped from the English Tories. Those were hanging days! Blake on the occasion showed greater sagacity than Paine, whom, indeed, Fuseli affirmed to be more ignorant of the common affairs of life than himself even. Spite of unworldliness and visionary faculty, Blake never wanted for prudence and sagacity in ordinary matters."*
Before leaving London Paine managed to have an interview with the American Minister, Pinckney, who thought he could do good service in the Convention.
Mr. Frost, who accompanied Paine and Audibert, had information of certain plans of the officials. He guided them to Dover by a circuitous route—Rochester, Sandwich, Deal. With what emotions does our world-wanderer find himself in the old town where he married and suffered with his first love, Mary Lambert, whose grave is near! Nor is he so far from Cranbrook, where his wife receives her mysterious remittances, but since their separation "has not heard of" this said Thomas Paine, as her testimony goes some years later. Paine is parting from England and its ghosts forever. The travellers find Dover excited by the royal proclamation. The collector of customs has had general instructions to be vigilant, and searches the three men, even to their pockets. Frost pretended a desire to escape, drawing the scent from Paine. In his report (September 15th) of the search to Mr. Dundas, Paine says:
"Among the letters which he took out of my trunk were two sealed letters, given into my charge by the American minister in London [Pinckney], one of which was addressed to the American minister at Paris, the other to a private gentleman; a letter from the president of the United States, and a letter from the secretary of State in America, both directed to me, and which I had received from the American minister, now in London, and were private letters of friendship; a letter from the electoral body of the department of Calais, containing the notification of my being elected to the National Convention; and a letter from the president of the National Assembly informing me of my being also elected for the department of the Oise [Versailles].... When the collector had taken what papers and letters he pleased out of the trunks, he proposed to read them. The first letter he took up for this purpose was that from the president of the United States to me. While he was doing this I said, that it was very extraordinary that General Washington could not write a letter of private friendship to me, without its being subject to be read by a customhouse officer. Upon this Mr. Frost laid his hand over the face of the letter, and told the collector that he should not read it, and took it from him. Mr. Frost then, casting his eyes on the concluding paragraph of the letter, said, I will read this part to you, which he did; of which the following is an exact transcript—'And as no one can feel a greater interest in the happiness of mankind than I do, it is the first wish of my heart that the enlightened policy of the present age may diffuse to all men those blessings to which they are entitled and lay the foundation of happiness for future generations.'"
So Washington's nine months' delay (p. 302) in acknowledging Paine's letter and gift of fifty volumes had brought his letter in the nick of time. The collector quailed before the President's signature. He took away the documents, leaving a list of them, and they were presently returned. Soon afterward the packet sailed, and "twenty minutes later" the order for Paine's arrest reached Dover. Too late! Baffled pursuers gnash their teeth, and Paine passes to his ovation.
What the ovation was to be he could hardly anticipate even from the cordial, or glowing, letter of Hérault Séchelles summoning him to the Convention,—a fine translation of which by Cobbett is given in the Appendix. Ancient Calais, in its time, had received heroes from across the channel, but hitherto never with joy. That honor the centuries reserved for a Thetford Quaker. As the packet sails in a salute is fired from the battery; cheers sound along the shore. As the representative for Calais steps on French soil soldiers make his avenue, the officers embrace him, the national cockade is presented. A beautiful lady advances, requesting the honor of setting the cockade in his hat, and makes him a pretty speech, ending with Liberty, Equality, and France. As they move along the Rue de l'Egalité (late Rue du Roi) the air rings with "Vive Thomas Paine!" At the town hall he is presented to the Municipality, by each member embraced, by the Mayor also addressed. At the meeting of the Constitutional Society of Calais, in the Minimes, he sits beside the president, beneath the bust of Mirabeau and the united colors of France, England, and America. There is an official ceremony announcing his election, and plaudits of the crowd, "Vive la Nation!" "Vive Thomas Paine!" The Minimes proving too small, the meeting next day is held in the church, where martyred saints and miraculous Madonnas look down on this miraculous Quaker, turned savior of society. In the evening, at the theatre, a box is decorated "For the Author of 'The Rights of Man.'"
Thus for once our wayfarer, so marked by time and fate, received such welcome as hitherto had been accorded only to princes. Alas, that the aged eyes which watched over his humble cradle could not linger long enough to see a vision of this greatness, or that she who bore the name of Elizabeth Paine was too far out of his world as not even to know that her husband was in Europe. A theatrical La France must be his only bride, and in the end play the role of a cruel stepmother. When Washington was on his way to his inauguration in New York, passing beneath triumphal arches, amid applauding crowds, a sadness came over him as he reflected, so he wrote a friend, how easily all this enthusiasm might be reversed by a failure in the office for which he felt himself so little competent But for Paine on his way to sit in the Convention of a People's representatives—one summoned by his own pen for objects to which his life was devoted, for which he had the training of events as well as studies,—for him there could be no black star hovering over his welcome and his triumphal pathway to Paris. For, besides his fame, there had preceded him to every town rumors of how this representative of man—of man in America, England, France—had been hunted by British oppressors down to the very edge of their coast. Those outwitted pursuers had made Paine a greater power in France than he might otherwise have been. The Moniteur (September 23d) told the story, and adds: "Probably M. Payne will have been indemnified for such injustices by the brilliant reception accorded him on his arrival on French soil."
Other representatives of Calais were Personne, Carnat, Bollet, Magniez, Varlet, Guffroy, Eulard, Duquesnoy, Lebas, Daunon. It could hardly be expected that there should be no jealousy of the concentration of enthusiasm on the brilliant Anglo-American. However, none of this yet appeared, and Paine glided flower-crowned in his beautiful barge, smoothly toward his Niagara rapids. He had, indeed, heard the distant roar, in such confused, hardly credited, rumors of September massacres as had reached London, but his faith in the National Convention was devout. All the riots were easily explained by the absence of that charm. He had his flask of constitutional oil, other representatives no doubt had theirs, and when they gathered on September 21 st, amid equinoctial gales, the troubled waters would be still.
Paine reached White's Hotel, Paris, September 19th; on the 20th attends a gathering of the "Conventionnels"; on the 21st moves in their procession to the Tuileries, for verification of credentials by the expiring Assembly, repairing with them for work in the Salle du Manege. He was introduced by the Abbé Grégoire, and received with acclamations.
On September 21st, then, the Year One opens. It greets mankind with the decree: "Royalty is from this day abolished in France."
September 22d, on a petition from Orleans, Dan-ton proposes removal of the entire administrative corps, municipal and judicial, to prevent their removal by popular violence. Paine (through Goupilleau) suggests postponement for more thorough discussion. Having got rid of kings they must be rid of royal hirelings; but if partial reforms are made in the judiciary system those institutions cannot possess coherence; for the present persons might be changed without altering laws; finally, justice cannot be administered by men ignorant of the laws. Danton welcomes Paine's views, and it is decreed that the administrative bodies be renewed by popular election; but the limitations on eligibility, fixed by the Constitution of 1791, are abolished—the judge need not be a lawyer, nor the municipal officer a proprietor.
On September 25th appears Paine's letter to his "Fellow Citizens," expressing his "affectionate gratitude" for his adoption and his election. "My felicity is increased by seeing the barrier broken down that divided patriotism by spots of earth, and limited citizenship to the soil, like vegetation." The letter is fairly "floreal" with optimistic felicities. "An over-ruling Providence is regenerating the old world by the principles of the new." "It is impossible to conquer a nation determined to be free." "It is now the cause of all nations against the cause of all courts." "In entering on this great scene, greater than any nation has been called to act in, let us say to the agitated mind, be calm! Let us punish by instruction, rather than by revenge. Let us begin the new era by a greatness of friendship, and hail the approach of union and success."
October 11th, a committee to frame a constitution is appointed, consisting of Sieyès, Paine, Bris-sot, Potion, Vergniaud, Gensonne, Barrere, Danton, Condorcet. Supplementary—Barbaroux, Hérault Séchelles, Lanthenas, Débry, the Abbé Fauchet, Lavicourterie. Paine was placed second to his old adversary, Sieyès, only because of his unfamiliarity with French. At least four of the committee understood English—Condorcet, Danton, Barrere, and Brissot. Paine had known Brissot in America, their friendship being caused by literary tastes in common, and the zeal of both for negro emancipation.
On October 25th was written for Le Patriote Francais (edited by Brissot) an address by Paine arguing carefully the fallacies of royalism. He tersely expresses the view now hardly paradoxical, that "a talented king is worse than a fool."
"We are astonished at reading that the Egyptians set upon the throne a stone, which they called king. Well! such a monarch was less absurd and less mischievous than those before whom nations prostrate themselves. At least he deceived no one. None supposed that he possessed qualities or a character. They did not call him Father of his People; and yet it would have been scarcely more ridiculous than to give such a title to a blockhead (un éturdi) whom the right of succession crowns at eighteen. A dumb idol is better than one animated."'
In this letter Paine adroitly prepares the way for his purpose of saving the life of Louis XVI., for whose blood the thirst is growing. "It is little," he says, "to overthrow the idol; it is the pedestal which must especially be beaten down. It is the kingly office, rather than the officer, that is destructive (meurtriere). This is not seen by every one."
In those who sympathized with the human spirit of his views Paine inspired deep affection. A volume might be filled with the personal tributes to him. In Paris he was the centre of a loving circle, from the first. "I lodge," writes Lord Edward Fitzgerald to his mother (October 30th), "with my friend Paine—we breakfast, dine, and sup together. The more I see of his interior, the more I like and respect him. I cannot express how kind he is to me; there is a simplicity of manner, a goodness of heart, and a strength of mind in him, that I never knew a man before possess."**