The Writings Of Thomas Paine Volume III Part 10

In the first place, the Candidate seeks the Elector, instead of the Elector seeking for a Representative; and the Electors are advertised as being in the interest of the Candidate, instead of the Candidate being in the interest of the Electors. The Candidate pays the Elector for his vote, instead of the Nation paying the Representative for his time and attendance on public business. The complaint for an undue election is brought by the Candidate, as if he, and not the Electors, were the party aggrieved; and he takes on himself, at any period of the election, to break it up, by declining, as if the election was in his right and not in theirs.

The compact that was entered into at the last Westminster election between two of the candidates (Mr. Fox and Lord Hood,) was an indecent violation of the principles of election. The Candidates a.s.sumed, in their own persons, the rights of the Electors; for, it was only in the body of the Electors, and not at all in the Candidates, that the right of making any such compact, or compromise, could exist. But the principle of Election and Representation is so completely done away, in every stage thereof, that inconsistency has no longer the power of surprising.

Neither from elections thus conducted, nor from rotten Borough Addressers, nor from County-meetings, promoted by Placemen and Pensioners, can the sense of the nation be known. It is still corruption appealing to itself. But a Convention of a thousand persons, fairly elected, would bring every matter to a decided issue.

As to County-meetings, it is only persons of leisure, or those who live near to the place of meeting, that can attend, and the number on such occasions is but like a drop in the bucket compared with the whole. The only consistent service which such meetings could render, would be that of apportioning the county into convenient districts, and when this is done, each district might, according to its number of inhabitants, elect its quota of County Members to the National Convention; and the vote of each Elector might be taken in the parish where he resided, either by ballot or by voice, as he should chuse to give it.

A National Convention thus formed, would bring together the sense and opinions of every part of the nation, fairly taken. The science of Government, and the interest of the Public, and of the several parts thereof, would then undergo an ample and rational discussion, freed from the language of parliamentary disguise.

But in all deliberations of this kind, though men have a right to reason with, and endeavour to convince each other, upon any matter that respects their common good, yet, in point of practice, the majority of opinions, when known, forms a rule for the whole, and to this rule every good citizen practically conforms.

Mr. Burke, as if he knew, (for every concealed Pensioner has the opportunity of knowing,) that the abuses acted under the present system, are too flagrant to be palliated, and that the majority of opinions, whenever such abuses should be made public, would be for a general and effectual reform, has endeavoured to preclude the event, by st.u.r.dily denying the right of a majority of a nation to act as a whole. Let us bestow a thought upon this case.

When any matter is proposed as a subject for consultation, it necessarily implies some mode of decision. Common consent, arising from absolute necessity, has placed this in a majority of opinions; because, without it, there can be no decision, and consequently no order. It is, perhaps, the only case in which mankind, however various in their ideas upon other matters, can consistently be unanimous; because it is a mode of decision derived from the primary original right of every individual concerned; _that_ right being first individually exercised in giving an opinion, and whether that opinion shall arrange with the minority or the majority, is a subsequent accidental thing that neither increases nor diminishes the individual original right itself. Prior to any debate, enquiry, or investigation, it is not supposed to be known on which side the majority of opinions will fall, and therefore, whilst this mode of decision secures to every one the right of giving an opinion, it admits to every one an equal chance in the ultimate event.

Among the matters that will present themselves to the consideration of a national convention, there is one, wholly of a domestic nature, but so marvellously loaded with con-fusion, as to appear at first sight, almost impossible to be reformed. I mean the condition of what is called Law.

But, if we examine into the cause from whence this confusion, now so much the subject of universal complaint, is produced, not only the remedy will immediately present itself, but, with it, the means of preventing the like case hereafter.

In the first place, the confusion has generated itself from the absurdity of every Parliament a.s.suming to be eternal in power, and the laws partake in a similar manner, of this a.s.sumption. They have no period of legal or natural expiration; and, however absurd in principle, or inconsistent in practice many of them have become, they still are, if not especially repealed, considered as making a part of the general ma.s.s. By this means the body of what is called Law, is spread over a s.p.a.ce of _several hundred years_, comprehending laws obsolete, laws repugnant, laws ridiculous, and every other kind of laws forgotten or remembered; and what renders the case still worse, is, that the confusion multiplies with the progress of time. (*)

To bring this misshapen monster into form, and to prevent its lapsing again into a wilderness state, only two things, and those very simple, are necessary.

The first is, to review the whole ma.s.s of laws, and to bring forward such only as are worth retaining, and let all the rest drop; and to give to the laws so brought forward a new era, commencing from the time of such reform.

* In the time of Henry IV. a law was pa.s.sed making it felony "to multiply gold or silver, or to make use of the craft of multiplication," and this law remained two hundred and eighty-six years upon the statute books. It was then repealed as being ridiculous and injurious.--_Author_.

Secondly; that at the expiration of every twenty-one years (or any other stated period) a like review shall again be taken, and the laws, found proper to be retained, be again carried forward, commencing with that date, and the useless laws dropped and discontinued.

By this means there can be no obsolete laws, and scarcely such a thing as laws standing in direct or equivocal contradiction to each other, and every person will know the period of time to which he is to look back for all the laws in being.

It is worth remarking, that while every other branch of science is brought within some commodious system, and the study of it simplified by easy methods, the laws take the contrary course, and become every year more complicated, entangled, confused, and obscure.

Among the paragraphs which the Attorney General has taken from the _Rights of Man_, and put into his information, one is, that where I have said, "that with respect to regular law, there is _scarcely such a thing_."

As I do not know whether the Attorney-General means to show this expression to be libellous, because it is TRUE, or because it is FALSE, I shall make no other reply to him in this place, than by remarking, that if almanack-makers had not been more judicious than law-makers, the study of almanacks would by this time have become as abstruse as the study of the law, and we should hear of a library of almanacks as we now do of statutes; but by the simple operation of letting the obsolete matter drop, and carrying forward that only which is proper to be retained, all that is necessary to be known is found within the s.p.a.ce of a year, and laws also admit of being kept within some given period.

I shall here close this letter, so far as it respects the Addresses, the Proclamation, and the Prosecution; and shall offer a few observations to the Society, styling itself "The Friends of the People."

That the science of government is beginning to be better understood than in former times, and that the age of fiction and political superst.i.tion, and of craft and mystery, is pa.s.sing away, are matters which the experience of every day-proves to be true, as well in England as in other countries.

As therefore it is impossible to calculate the silent progress of opinion, and also impossible to govern a nation after it has changed its habits of thinking, by the craft or policy that it was governed by before, the only true method to prevent popular discontents and commotions is, to throw, by every fair and rational argument, all the light upon the subject that can possibly be thrown; and at the same time, to open the means of collecting the general sense of the nation; and this cannot, as already observed, be done by any plan so effectually as a national convention. Here individual opinion will quiet itself by having a centre to rest upon.

The society already mentioned, (which is made up of men of various descriptions, but chiefly of those called Foxites,) appears to me, either to have taken wrong grounds from want of judgment, or to have acted with cunning reserve. It is now amusing the people with a new phrase, namely, that of "a temperate and moderate reform," the interpretation of which is, _a continuance of the abuses as long as possible, If we cannot hold all let us hold some_.

Who are those that are frightened at reforms? Are the public afraid that their taxes should be lessened too much? Are they afraid that sinecure places and pensions should be abolished too fast? Are the poor afraid that their condition should be rendered too comfortable? Is the worn-out mechanic, or the aged and decayed tradesman, frightened at the prospect of receiving ten pounds a year out of the surplus taxes? Is the soldier frightened at the thoughts of his discharge, and three s.h.i.+llings per week during life? Is the sailor afraid that press-warrants will be abolished? The Society mistakes the fears of borough-mongers, placemen, and pensioners, for the fears of the people; and the _temperate and moderate Reform_ it talks of, is calculated to suit the condition of the former.

Those words, "temperate and moderate," are words either of political cowardice, or of cunning, or seduction.--A thing, moderately good, is not so good as it ought to be. Moderation in temper, is always a virtue; but moderation in principle, is a species of vice. But who is to be the judge of what is a temperate and moderate Reform? The Society is the representative of n.o.body; neither can the unrepresented part of the nation commit this power to those in Parliament, in whose election they had no choice; and, therefore, even upon the ground the Society has taken, recourse must be had to a National Convention.

The objection which Mr. Fox made to Mr. Grey's proposed Motion for a Parliamentary Reform was, that it contained no plan.--It certainly did not. But the plan very easily presents itself; and whilst it is fair for all parties, it prevents the dangers that might otherwise arise from private or popular discontent.

Thomas Paine.

Editorial Note on Burke's Alleged Secret Pension.--By reference to Vol. II., pp. 271, 360, of this work, it will be seen that Paine mentions a report that Burke was a "pensioner in a fict.i.tious name." A letter of John Hall to a relative in Leicester, (London, May 1,1792.) says: "You will remember that there was a vote carried, about the conclusion of the American war, that the influence of the Crown had increased, was increasing, and should be diminished. Burke, poor, and like a good angler, baited a hook with a bill to bring into Parliament, that no pensions should be given above 300 a year, but what should be publicly granted, and for what, (I may not be quite particular.) To stop that he took in another person's name 1500 a year for life, and some time past he disposed of it, or sold his life out. He has been very still since his declension from the Whigs, and is not concerned in the slave-trade [question?] as I hear of." This letter, now in possession of Hall's kinsman, Dr.

Dutton Steele of Philadelphia, contains an item not in Paine's account, which may have been derived from it. Hall was an English scientific engineer, and acquainted with intelligent men in London. Paine was rather eager for a judicial encounter with Burke, and probably expected to be sued by him for libel, as he (Burke) had once sued the "Public Advertiser" for a personal accusation. But Burke remained quiet under this charge, and Paine, outlawed, and in France, had no opportunity for summoning witnesses in its support. The biographers of Burke have silently pa.s.sed over the accusation, and this might be fair enough were this unconfirmed charge made against a public man of stainless reputation in such matters. But though Burke escaped parliamentary censure for official corruption (May 16, 1783, by only 24 majority) he has never been vindicated. It was admitted that he had restored to office a cas.h.i.+er and an accountant dismissed for dishonesty by his predecessor.

("Pari. Hist.," xxiii., pp. 801,902.) He escaped censure by agreeing to suspend them. One was proved guilty, the other committed suicide. It was subsequently shown that one of the men had been an agent of the Burkes in raising India stock. (Dilke's "Papers of a Critic," ii-, p. 333--"Dict.

Nat Biography": art Burke.) Paine, in his letter to the Attorney-General (IV. of this volume), charged that Burke had been a "masked pensioner" ten years. The date corresponds with a secret arrangement made in 1782 with Burke for a virtual pension to his son, for life, and his mother. Under date April 34 of that year, Burke, writing to William Burke at Madras, reports his appointment as Paymaster: "The office is to be 4000L. certain. Young Richard [his son] is the deputy with a salary of 500L. The office to be reformed according to the Bill. There is enough emoluments. In decency it could not be more. Something considerable is also to be secured for the life of young Richard to be a security for him and his mother."("Mem. and Cor. of Charles James Fox," i., p. 451.) It is thus certain that the Rockingham Ministry were doing for the Paymaster all they could "in decency," and that while posing as a reformer in reducing the expenses of that office, he was arranging for secret advantages to his family. It is said that the arrangement failed by his loss of office, but while so many of Burke's papers are withheld from the public (if not destroyed), it cannot be certain that something was not done of the kind charged by Paine. That Burke was not strict in such matters is further shown by his efforts to secure for his son the rich sinecure of the Clerks.h.i.+p of the Polls, in which he failed. Burke was again Paymaster in 1783-4, and this time remained long enough in office to repeat more successfully his secret attempts to secure irregular pensions for his family. On April 7, 1894, Messrs. Sotheby, Wilkinson, and Hodge sold in London (Lot 404) a letter of Burke (which I have not seen in print), dated July 16, 1795.

It was written to the Chairman of the Commission on Public Accounts, who had required him to render his accounts for the time he was in office as Paymaster-General, 1783-4.

Burke refuses to do so in four angry and quibbling pages, and declares he will appeal to his country against the demand if it is pressed. Why should Burke wish to conceal his accounts? There certainly were suspicions around Burke, and they may have caused Pitt to renounce his intention, conveyed to Burke, August 30, 1794, of asking Parliament to bestow on him a pension. "It is not exactly known," says one of Burke's editors, "what induced Mr. Pitt to decline bringing before Parliament a measure which he had himself proposed without any solicitation whatever on the part of Burke." (Burke's "Works," English Ed., 1852, ii., p. 252.) The pensions were given without consultation with Parliament--1200L. granted him by the King from the Civil List, and 2500L. by Pitt in West Indian 41/2 per cents.

Burke, on taking his seat beside Pitt in the great Paine Parliament (December, 1792), had protested that he had not abandoned his party through expectation of a pension, but the general belief of those with whom he had formerly acted was that he had been promised a pension. A couplet of the time ran:

"A pension makes him change his plan, And loudly d.a.m.n the rights of man."

Writing in 1819, Cobbett says: "As my Lord Grenville introduced the name of Burke, suffer me, my Lord, to introduce the name of the man [Paine] who put this Burke to shame, who drove him off the public stage to seek shelter in the Pension List, and who is now named fifty million times where the name of the pensioned Burke is mentioned once."-- _Editor._

X. ADDRESS TO THE PEOPLE OF FRANCE.

Paris, Sept. 25, [1792.] First Year of the Republic.

Fellow Citizens,

I RECEIVE, with affectionate grat.i.tude, the honour which the late National a.s.sembly has conferred upon me, by adopting me a Citizen of France: and the additional honor of being elected by my fellow citizens a Member of the National Convention.(1) Happily impressed, as I am, by those testimonies of respect shown towards me as an individual, I feel my felicity increased by seeing the barrier broken down that divided patriotism by spots of earth, and limited citizens.h.i.+p to the soil, like vegetation.

Had those honours been conferred in an hour of national tranquillity, they would have afforded no other means of shewing my affection, than to have accepted and enjoyed them; but they come accompanied with circ.u.mstances that give me the honourable opportunity of commencing my citizens.h.i.+p in the stormy hour of difficulties. I come not to enjoy repose. Convinced that the cause of France is the cause of all mankind, and that liberty cannot be purchased by a wish, I gladly share with you the dangers and honours necessary to success.

1 The National a.s.sembly (August 26, 1792) conferred the t.i.tle of "French Citizen" on "Priestley, Payne, Bentham, Wilberforce, Clarkson, Mackintosh, Campe, Cormelle, Paw, David Williams, Gorani, Anacharsis Clootz, Pestalozzi, Was.h.i.+ngton, Hamilton, Madison, Klopstoc, Kosciusko, Gilleers."--_Editor._. vol ni--7

I am well aware that the moment of any great change, such as that accomplished on the 10th of August, is unavoidably the moment of terror and confusion. The mind, highly agitated by hope, suspicion and apprehension, continues without rest till the change be accomplished.

But let us now look calmly and confidently forward, and success is certain. It is no longer the paltry cause of kings, or of this, or of that individual, that calls France and her armies into action. It is the great cause of all. It is the establishment of a new aera, that shall blot despotism from the earth, and fix, on the lasting principles of peace and citizens.h.i.+p, the great Republic of Man.

It has been my fate to have borne a share in the commencement and complete establishment of one Revolution, (I mean the Revolution of America.) The success and events of that Revolution are encouraging to us. The prosperity and happiness that have since flowed to that country, have amply rewarded her for all the hards.h.i.+ps she endured and for all the dangers she encountered.

The principles on which that Revolution began, have extended themselves to Europe; and an over-ruling Providence is regenerating the Old World by the principles of the New. The distance of America from all the other parts of the globe, did not admit of her carrying those principles beyond her own situation. It is to the peculiar honour of France, that she now raises the standard of liberty for all nations; and in fighting her own battles, contends for the rights of all mankind.

The same spirit of fort.i.tude that insured success to America; will insure it to France, for it is impossible to conquer a nation determined to be free! The military circ.u.mstances that now unite themselves to France, are such as the despots of the earth know nothing of, and can form no calculation upon. They know not what it is to fight against a nation; they have only been accustomed to make war upon each other, and they know, from system and practice, how to calculate the probable success of despot against despot; and here their knowledge and their experience end.

But in a contest like the present a new and boundless variety of circ.u.mstances arise, that deranges all such customary calculations. When a whole nation acts as an army, the despot knows not the extent of the power against which he contends. New armies arise against him with the necessity of the moment. It is then that the difficulties of an invading enemy multiply, as in the former case they diminished; and he finds them at their height when he expected them to end.

The only war that has any similarity of circ.u.mstances with the present, is the late revolution war in America. On her part, as it now is in France, it was a war of the whole nation:--there it was that the enemy, by beginning to conquer, put himself in a condition of being conquered.

His first victories prepared him for defeat. He advanced till he could not retreat, and found himself in the midst of a nation of armies.

Were it now to be proposed to the Austrians and Prussians, to escort them into the middle of France, and there leave them to make the most of such a situation, they would see too much into the dangers of it to accept the offer, and the same dangers would attend them, could they arrive there by any other means. Where, then, is the military policy of their attempting to obtain, by force, that which they would refuse by choice? But to reason with despots is throwing reason away. The best of arguments is a vigorous preparation.