In the State Archives at Paris (États Unis, vol. xliii.) there are two papers marked "Thomas Payne." The first urges the French Ministry to seize the occasion of a treaty with Spain to do a service to the United States: let the free navigation of the Mississippi be made by France a condition of peace. The second paper (endorsed "3 Ventose, February 21, 1795") proposes that, in addition to the condition made to Spain, an effort should be made to include American interests in the negotiation with England, if not too late. The negotiation with England was then finished, but the terms unpublished. Paine recommended that the Convention should pass a resolution that freedom of the Mississippi should be a condition of peace with Spain, which would necessarily accept it; and that, in case the arrangement with England should prove unsatisfactory, any renewed negotiations should support the just reclamations of their American ally for the surrender of the frontier posts and for depredations on their trade. Paine points out that such a declaration could not prolong the war a day, nor cost France an obole; whereas it might have a decisive effect in the United States, especially if Jay's treaty with England should be reprehensible, and should be approved in America.

That generosity "would certainly raise the reputation of the French Republic to the most eminent degree of splendour, and lower in proportion that of her enemies." It would undo the bad effects of the depredations of French privateers on American vessels, which rejoiced the British party in the United States and discouraged the friends of liberty and humanity there. It would acquire for France the merit which is her due, supply her American friends with strength against the intrigues of England, and cement the alliance of the Republics.

This able paper might have been acted on, but for the anger in France at the Jay treaty.

While writing in Monroe's house, the invalid, with an abscess in his side and a more painful sore in his heart—for he could not forget that Washington had forgotten him,—receives tidings of new events through cries in the street. In the month of his release they had been resonant with yells as the Jacobins were driven away and their rooms turned to a Normal School. Then came shouts, when, after trial, the murderous committeemen were led to execution or exile. In the early weeks of 1795 the dread sounds of retribution subside, and there is a cry from the street that comes nearer to Paine's heart—"Bread and the Constitution of Ninety-three!" He knows that it is his Constitution for which they are really calling, for they cannot understand the Robespierrian adulteration of it given out, as one said, as an opiate to keep the country asleep. The people are sick of revolutionary rule. These are the people in whom Paine has ever believed,—the honest hearts that summoned him, as author of "The Rights of Man," to help form their Constitution. They, he knows, had to be deceived when cruel deeds were done, and heard of such deeds with as much horror as distant peoples. Over that Constitution for which they were clamoring he and his lost friend Condorcet had spent many a day of honest toil. Of the original Committee of Nine appointed for the work, six had perished by the revolution, one was banished, and two remained—SieyÈs and Paine. That original Committee had gradually left the task to Paine and Condorcet,—SieyÈs, because he had no real sympathy with republicanism, though he honored Paine.* When afterwards asked how he had survived the Terror, SieyÈs answered, "I lived." He lived by bending, and now leads a Committee of Eleven on the Constitution, while Paine, who did not bend, is disabled. Paine knows SieyÈs well. The people will vainly try for the "Constitution of Ninety-three." They shall have no Constitution but of SieyÈs' making, and in it will be some element of monarchy. SieyÈs presently seemed to retire from the Committee, but old republicans did not doubt that he was all the more swaying it.

So once more Paine seizes his pen; his hand is feeble, but His intellect has lost no fibre of force, nor his heart its old faith. His trust in man has passed through the ordeal of seeing his friends—friends of man—murdered by the people's Convention, himself saved by accident; it has survived the apparent relapse of Washington into the arms of George the Third. The ingratitude of his faithfully-served America is represented by an abscess in his side, which may strike into his heart—in a sense has done so—but will never reach his faith in liberty, equality, and humanity.

Early in July the Convention is reading Paine's "Dissertation on First Principles of Government" His old arguments against hereditary right, or investing even an elective individual with extraordinary power, are repeated with illustrations from the passing Revolution.

"Had a Constitution been established two years ago, as ought to have been done, the violences that have since desolated France and injured the character of the revolution, would, in my opinion, have been prevented. The nation would have had a bond of union, and every individual would have known the line of conduct he was to follow. But, instead of this, a revolutionary government, a thing without either principle or authority, was substituted in its place; virtue or crime depended upon accident; and that which was patriotism one day, became treason the next. All these things have followed from the want of a Constitution; for it is the nature and intention or a Constitution to prevent governing by party, by establishing a common principle that shall limit and control the power and impulse of party, and that says to all parties, Thus far shalt thou go, and no farther. But in the absence of a Constitution men look entirely to party; and instead of principle governing party, party governs principle.

"An avidity to punish is always dangerous to liberty. It leads men to stretch, to misinterpret and to misapply even the best of laws. He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach himself."

Few of Paine's pamphlets better deserve study than this. In writing it, he tells us, he utilized the fragment of a work begun at some time not stated, which he meant to dedicate to the people of Holland, then contemplating a revolution. It is a condensed statement of the principles underlying the Constitution written by himself and Condorcet, now included among Condorcet's works. They who imagine that Paine's political system was that of the democratic demagogues may undeceive themselves by pondering this pamphlet. It has been pointed out, on a previous page of this work, that Paine held the representative to be not the voter's mouthpiece, but his delegated sovereignty. The representatives of a people are therefore its supreme power. The executive, the ministers, are merely as chiefs of the national police engaged in enforcing the laws. They are mere employÉs, without any authority at all, except of superintendence. "The executive department is official, and is subordinate to the legislative as the body is to the mind." The chief of these official departments is the judicial. In appointing officials the most important rule is, "never to invest any individual with extraordinary power; for besides being tempted to misuse it, it will excite contention and commotion in the nation for the office." All of this is in logical conformity with the same author's "Rights of Man," which James Madison declared to be an exposition of the principles on which the United States government is based. It would be entertaining to observe the countenance of a President should our House of Representatives address him as a chief of national police.

Soon after the publication of Paine's "Dissertation" a new French Constitution was textually submitted for popular consideration. Although in many respects it accorded fairly well with Paine's principles, it contained one provision which he believed would prove fatal to the Republic. This was the limitation of citizenship to payers of direct taxes, except soldiers who had fought in one or more campaigns for the Republic, this being a sufficient qualification. This revolutionary disfranchisement of near half the nation brought Paine to the Convention (July 7th) for the first time since the fall of the Brissotins, two years before. The scene at his return was impressive. A special motion was made by Lan-thenas and unanimously adopted, "that permission be granted Thomas Paine to deliver his sentiments on the declaration of rights and the Constitution." With feeble step he ascended the tribune, and stood while a secretary read his speech. Of all present this man had suffered most by the confusion of the mob with the people, which caused the reaction on which was floated the device he now challenged. It is an instance of idealism rare in political history. The speech opens with words that caused emotion.

"Citizens, The effects of a malignant fever, with which I was afflicted during a rigorous confinement in the Luxembourg, have thus long prevented me from attending at my post in the bosom of the Convention; and the magnitude of the subject under discussion, and no other consideration on earth, could induce me now to repair to my station. A recurrence to the vicissitudes I have experienced, and the critical situations in which I have been placed in consequence of the French Revolution, will throw upon what I now propose to submit to the Convention the most unequivocal proofs of my integrity, and the rectitude of those principles which have uniformly influenced my conduct. In England I was proscribed for having vindicated the French Revolution, and I have suffered a rigorous imprisonment in France for having pursued a similar line of conduct. During the reign of terrorism I was a prisoner for eight long months, and remained so above three months after the era of the 10th Thermidor. I ought, however, to state, that I was not persecuted by the people, either of England or France. The proceedings in both countries were the effects of the despotism existing in their respective governments. But, even if my persecution had originated in the people at large, my principles and conduct would still have remained the same. Principles which are influenced and subject to the control of tyranny have not their foundation in the heart."

Though they slay him Paine will trust in the people. There seems a slight slip of memory; his imprisonment, by revolutionary calendar, lasted ten and a half months, or 315 days; but there is no failure of conviction or of thought. He points out the inconsistency of the disfranchisement of indirect tax-payers with the Declaration of Rights, and the opportunity afforded partisan majorities to influence suffrage by legislation on the mode of collecting taxes. The soldier, enfranchised without other qualification, would find his children slaves.

"If you subvert the basis of the Revolution, if you dispense with principles and substitute expedients, you will extinguish that enthusiasm which has hitherto been the life and soul of the revolution; and you will substitute in its place nothing but a cold indifference and self-interest, which will again degenerate into intrigue, cunning, and effeminacy."

There was an educational test of suffrage to which he did not object. "Where knowledge is a duty, ignorance is a crime." But in his appeal to pure principle simple-hearted Paine knew nothing of the real test of the Convention's votes. This white-haired man was the only eminent member of the Convention with nothing in his record to cause shame or fear. He almost alone among them had the honor of having risked his head rather than execute Louis, on whom he had looked as one man upon another. He alone had refused to enter the Convention when it abandoned the work for which it was elected and became a usurping tribunal. During two fearful years the true Republic had been in Paine's house and garden, where he conversed with his disciples; or in Luxembourg prison, where he won all hearts, as did imprisoned George Fox, who reappeared in him, and where, beneath the knife whose fall seemed certain, he criticised consecrated dogmas. With this record Paine spoke that day to men who feared to face the honest sentiment of the harried peasantry. Some of the members had indeed been terrorized, but a majority shared the disgrace of the old Convention. They were jeered at on the streets. The heart of France was throbbing again, and what would become of these "Conventionnels," when their assembly should die in giving birth to a government? They must from potentates become pariahs. Their aim now was to prolong their political existence. The constitutional narrowing of the suffrage was in anticipation of the decree presently appended, that two thirds of the new legislature should be chosen from the Convention. Paine's speech was delivered against a foregone conclusion. This was his last appearance in the Convention. Out of it he naturally dropped when it ended (October 26, 1795), with the organization of the Directory. Being an American he would not accept candidature in a foreign government.