The Writings Of Thomas Paine Volume III Part 42

If any Ship or Vessel appertaining to any of the Citizens or Subjects of any of the Powers composing this a.s.sociation shall be seized, searched, visited, or interrupted, by any Belligerent Nation, or be forcibly prevented entering the Port of her destination, or be seized, searched, visited, or interrupted, in coming out of such Port, or be forcibly prevented from proceeding to any new destination, or be insulted or visited by any Agent from on board any Vessel of any Belligerent Power, the Government or Executive Power of the Nation to which the Ship or Vessel so seized, searched, visited, or interrupted belongs, shall, on evidence of the fact, make public Proclamation of the same, and send a Copy thereof to the Government, or Executive, of each of the Powers composing this a.s.sociation, who shall publish the same in all the extent of his Dominions, together with a Declaration, that at the expiration of ---- days after publication, the penal articles of this a.s.sociation shall be put in execution against the offending Nation.

ARTICLE THE SEVENTH.

If reparation be not made within the s.p.a.ce of one year, the said Proclamation shall be renewed for one year more, and so on.

ARTICLE THE EIGHTH.

The a.s.sociation chooses for itself a Flag to be carried at the Mast-head conjointly with the National Flag of each Nation composing this a.s.sociation.

The Flag of the a.s.sociation shall be composed of the same colors as compose the Rainbow, and arranged in the same order as they appear in that Phenomenon.

ARTICLE THE NINTH.

And whereas, it may happen that one or more of the Nations composing this a.s.sociation may be, at the time of forming it, engaged in War or become so in future, in that case, the Ships and Vessels of such Nation shall carry the Flag of the a.s.sociation bound round the Mast, to denote that the Nation to which she belongs is a Member of the a.s.sociation and a respecter of its Laws.

N. B. This distinction in the manner of carrying the Flag is mearly for the purpose, that Neutral Vessels having the Flag at the Mast-head, may be known at first sight.

ARTICLE THE TENTH.

And whereas, it is contrary to the moral principles of Neutrality and Peace, that any Neutral Nation should furnish to the Belligerent Powers, or any of them, the means of carrying on War against each other, We, therefore, the Powers composing this a.s.sociation, Declare, that we will each one for itself, prohibit in our Dominions the exportation or transportation of military stores, comprehending gunpowder, cannon, and cannon-b.a.l.l.s, fire arms of all kinds, and all kinds of iron and steel weapons used in War. Excluding therefrom all kinds of Utensils and Instruments used in civil or domestic life, and every other article that cannot, in its immediate state, be employed in War.

Having thus declared the moral Motives of the foregoing Article, We declare also the civil and political Intention thereof, to wit,

That as Belligerent Nations have no right to visit or search any Ship or Vessel belonging to a Nation at Peace, and under the protection of the Laws and Government thereof, and as all such visit or search is an insult to the Nation to which such Ship or Vessel belongs and to the Government of the same, We, therefore, the Powers composing this a.s.sociation, will take the right of prohibition on ourselves to whom it properly belongs, and by whom only it can be legally exercised, and not permit foreign Nations, in a state of War, to usurp the right of legislating by Proclamation for any of the Citizens or Subjects of the Powers composing this a.s.sociation.

It is, therefore, in order to take away all pretence of search or visit, which by being offensive might become a new cause of War, that we will provide Laws and publish them by Proclamation, each in his own Dominion, to prohibit the supplying, or carrying to, the Belligerent Powers, or either of them, the military stores or articles before mentioned, annexing thereto a penalty to be levied or inflicted upon any persons within our several Dominions transgressing the same. And we invite all Persons, as well of the Belligerent Nations as of our own, or of any other, to give information of any knowledge they may have of any transgressions against the said Law, that the offenders may be prosecuted.

By this conduct we restore the word Contraband (_contra_ and _ban_) to its true and original signification, which means against Law, edict, or Proclamation; and none but the Government of a Nation can have, or can exercise, the right of making Laws, edicts, or Proclamations, for the conduct of its Citizens or Subjects.

Now We, the undersigned Powers, declare the aforesaid Articles to be a Law of Nations at all times, or until a Congress of Nations shall meet to form some Law more effectual.

And we do recommend that immediately on the breaking out of War between any two or more Nations, that Deputies be appointed by all Neutral Nations, whether members of this a.s.sociation or not, to meet in Congress in some central place to take cognizance of any violations of the Rights of Neutral Nations.

Signed, &c.

For the purpose of giving operation to the aforesaid plan of an _unarmed a.s.sociation_, the following Paragraph was subjoined:

It may be judged proper for the order of Business, that the a.s.sociation of Nations have a President for a term of years, and the Presidency to pa.s.s by rotation, to each of the parties composing the a.s.sociation.

In that case, and for the sake of regularity, the first President to be the Executive power of the most northerly Nation composing the a.s.sociation, and his deputy or Minister at the Congress to be President of the Congress,--and the next most northerly to be Vice-president, who shall succeed to the Presidency, and so on. The line determining the Geographical situation of each, to be the lat.i.tude of the Capital of each Nation.

If this method be adopted it will be proper that the first President be nominally const.i.tuted in order to give rotation to the rest. In that case the following Article might be added to the foregoing, viz't. The Const.i.tution of the a.s.sociation nominates the Emperor Paul to be _first President_ of the a.s.sociation of Nations for the protection of Neutral Commerce, and securing the freedom of the Seas.

The foregoing plan, as I have before mentioned, was presented to the Ministers of all the Neutral Nations then in Paris, in the summer of 1800. Six Copies were given to the Russian General Springporten; and a Russian Gentleman who was going to Petersburgh took two expressly for the purpose of putting them into the hands of Paul I sent the original ma.n.u.script, in my own handwriting, to Mr. Jefferson, and also wrote him four Letters, dated the 1st, 4th, 6th, 16th of October, 1800, giving him an account of what was then going on in Europe respecting Neutral Commerce.

The Case was, that in order to compel the English Government to acknowledge the rights of Neutral Commerce, and that free Ships make free Goods, the _Emperor Paul_, in the month of September following the publication of the plan, shut all the Ports of Russia against England.

Sweden and Denmark did the same by their Ports, and Denmark shut up Hamburgh. Prussia shut up the Elbe and the Weser. The ports of Spain, Portugal, and Naples were shut up, and, in general, all the ports of Italy, except Venice, which the Emperor of Germany held; and had it not been for the untimely death of Paul, a _Law of Nations_, founded on the authority of Nations, for establishing the rights of Neutral Commerce and the freedom of the Seas, would have been proclaimed, and the Government of England must have consented to that Law, or the Nation must have lost its Commerce; and the consequence to America would have been, that such a Law would, in a great measure if not entirely, have released her from the injuries of Jay's Treaty.

Of all these matters I informed Mr. Jefferson. This was before he was President, and the Letter he wrote me after he was President was in answer to those I had written to him and the ma.n.u.script Copy of the plan I had sent here. Here follows the Letter:

Washington, March 18, 1801. Dear Sir:

Your letters of Oct. 1st, 4th, 6th, 16th, came duly to hand, and the papers which they covered were, according to your permission, published in the Newspapers, and in a Pamphlet, and under your own name. These papers contain precisely our principles, and I hope they will be generally recognized here. _Determined as we are to avoid, if possible, wasting the energies of our People in war and destruction, we shall avoid implicating ourselves with the Powers of Europe, even in support of principles which we mean to pursue. They have so many other Interests different from ours that we must avoid being entangled in them. We believe we can enforce those principles as to ourselves by Peaceable means, now that we are likely to have our Public Councils detached from foreign views. The return of our citizens from the phrenzy into which they had been wrought, partly by ill conduct in France, partly by artifices practiced upon them, is almost extinct, and will, I believe, become quite so_, But these details, too minute and long for a Letter, will be better developed by Mr. Dawson, the Bearer of this, a Member of the late Congress, to whom I refer you for them. He goes in the Maryland Sloop of War, which will wait a few days at Havre to receive his Letters to be written on his arrival at Paris. You expressed a wish to get a pa.s.sage to this Country in a Public Vessel. Mr. Dawson is charged with orders to the Captain of the Maryland to receive and accommodate you back if you can be ready to depart at such a short warning. Rob't R.

Livingston is appointed Minister Plenipotentiary to the Republic of France, but will not leave this, till we receive the ratification of the Convention by Mr. Dawson. I am in hopes you will find us returned generally to sentiments worthy of former times. In these it will be your glory to have steadily laboured and with as much effect as any man living. That you may long live to continue your useful Labours and to reap the reward in the thankfulness of Nations is my sincere prayer.

Accept a.s.surances of my high esteem and affectionate attachment.

Thomas Jefferson.

This, Citizens of the United States, is the Letter about which the leaders and tools of the Federal faction, without knowing its contents or the occasion of writing it, have wasted so many malignant falsehoods.

It is a Letter which, on account of its wise economy and peaceable principles, and its forbearance to reproach, will be read by every good Man and every good Citizen with pleasure; and the faction, mortified at its appearance, will have to regret they forced it into publication. The least atonement they can now offer is to make the Letter as public as they have made their own infamy, and learn to lie no more.

The same injustice they shewed to Mr. Jefferson they shewed to me. I had employed myself in Europe, and at my own expense, in forming and promoting a plan that would, in its operation, have benefited the Commerce of America; and the faction here invented and circulated an account in the papers they employ, that I had given a plan to the French for burning all the towns on the Coast from Savannah to Baltimore. Were I to prosecute them for this (and I do not promise that I will not, for the Liberty of the Press is not the liberty of lying,) there is not a federal judge, not even one of Midnight appointment, but must, from the nature of the case, be obliged to condemn them. The faction, however, cannot complain they have been restrained in any thing. They have had their full swing of lying uncontradicted; they have availed themselves, unopposed, of all the arts Hypocrisy could devise; and the event has been, what in all such cases it ever will and ought to be, _the ruin of themselves_.

The Characters of the late and of the present Administrations are now sufficiently marked, and the adherents of each keep up the distinction.

The former Administration rendered itself notorious by outrage, c.o.xcombical parade, false alarms, a continued increase of taxes, and an unceasing clamor for War; and as every vice has a virtue opposed to it, the present Administration moves on the direct contrary line.

The question, therefore, at elections is not properly a question upon Persons, but upon principles. Those who are for Peace, moderate taxes, and mild Government, will vote for the Administration that conducts itself by those principles, in whatever hands that Administration may be.

There are in the United States, and particularly in the middle States, several religious Sects, whose leading moral principle is PEACE. It is, therefore, impossible that such Persons, consistently with the dictates of that principle, can vote for an Administration that is clamorous for War. When moral principles, rather than Persons, are candidates for Power, to vote is to perform a moral duty, and not to vote is to neglect a duty.

That persons who are hunting after places, offices, and contracts, should be advocates for War, taxes, and extravagance, is not to be wondered at; but that so large a portion of the People who had nothing to depend upon but their Industry, and no other public prospect but that of paying taxes, and bearing the burden, should be advocates for the same measures, is a thoughtlessness not easily accounted for. But reason is recovering her empire, and the fog of delusion is clearing away.

Thomas Paine.

BORDENTOWN, ON THE DELAWARE,

New Jersey, April 21, 1803.(1)

1 Endorsed: "Sent by Gen. Bloomfield per Mr. Wilson for Mr.

Duane." And, in a later hand: "Paine Letter 6. Found among the Bartram Papers sent by Col. Carr."--Editor.

x.x.xIV. TO THE FRENCH INHABITANTS OF LOUISIANA.(1)

1 In a letter to Albert Gallatin, Secretary of the Treasury (Oct 14, 1804), John Randolph of Roanoke proposed "the printing of -- thousand copies of Tom Paine's answer to their remonstrance, and transmitting them by as many thousand troops, who can speak a language perfectly intelligible to the people of Louisiana, whatever that of their government may be," The purchase of Louisiana was announced to the Senate by President Jefferson, October 17, 1803.--Editor.

A publication having the appearance of a memorial and remonstrance, to be presented to Congress at the ensuing session, has appeared in several papers. It is therefore open to examination, and I offer you my remarks upon it. The t.i.tle and introductory paragraph are as follows: