This letter to Samuel Adams (January 1, 1803) has indications that Paine had developed farther his theistic ideal.

"We cannot serve the Deity in the manner we serve those who cannot do without that service. He needs no service from us. We can add nothing to eternity. But it is in our power to render a service acceptable to him, and that is, not by praying, but by endeavoring to make his creatures happy. A man does not serve G.o.d by praying, for it is himself he is trying to serve; and as to hiring or paying men to pray, as if the Deity needed instruction, it is in my opinion an abomination. I have been exposed to and preserved through many dangers, but instead of buffeting the Deity with prayers, as if I distrusted him, or must dictate to him, I reposed myself on his protection; and you, my friend, will find, even in your last moments, more consolation in the silence of resignation than in the murmuring wish of a prayer."

Paine must have been especially hurt by a sentence in the letter of Samuel Adams in which he said: "Our friend, the president of the United States, has been calumniated for his liberal sentiments, by men who have attributed that liberality to a latent design to promote the cause of infidelity." To this he did not reply, but it probably led him to feel a deeper disappointment at the postponement of the interviews he had hoped to enjoy with Jefferson after thirteen years of separation. A feeling of this kind no doubt prompted the following note (January 12th) sent to the President:

"I will be obliged to you to send back the Models, as I am packing up to set off for Philadelphia and New York. My intention in bringing them here in preference to sending them from Baltimore to Philadelphia, was to have some conversation with you on those matters and others I have not informed you of. But you have not only shown no disposition towards it, but have, in some measure, by a sort of shyness, as if you stood in fear of federal observation, precluded it. I am not the only one, who makes observations of this kind."

Jefferson at once took care that there should be no misunderstanding as to his regard for Paine. The author was for some days a guest in the President"s family, where he again met Maria Jefferson (Mrs. Eppes) whom he had known in Paris. Randall says the devout ladies of the family had been shy of Paine, as was but natural, on account of the President"s reputation for rationalism, but "Paine"s discourse was weighty, his manners sober and inoffensive; and he left Mr. Jefferson"s mansion the subject of lighter prejudices than he entered it."*

* "Life of Jefferson," ii., 642 sec. Randall is mistaken in some statements. Paine, as we have seen, did not return on the ship placed at his service by the President; nor did the President"s letter appear until long after his return, when he and Jefferson felt it necessary in order to disabuse the public mind of the most absurd rumors on the subject.

Paine"s defamers have manifested an eagerness to ascribe his maltreatment to personal faults. This is not the case. For some years after his arrival in the country no one ventured to hint anything disparaging to his personal habits or sobriety. On January 1, 1803, he wrote to Samuel Adams: "I have a good state of health and a happy mind; I take care of both by nourishing the first with temperance, and the latter with abundance."

Had not this been true the "federal" press would have noised it abroad.

He was neat in his attire. In all portraits, French and American, his dress is in accordance with the fashion. There was not, so far as I can discover, a suggestion while he was at Washington, that he was not a suitable guest for any drawing-room in the capital On February 23, 1803, probably, was written the following which I find among the Cobbett papers:

From Mr. Paine to Mr. Jefferson, on the occasion of a toast being given at a federal dinner at Washington, of "May they

NEVER KNOW PLEASURE WHO LOVE PAINE."

"I send you, Sir, a tale about some Feds, Who, in their wisdom, got to loggerheads.

The case was this, they felt so flat and sunk, They took a gla.s.s together and got drunk.

Such things, you know, are neither new nor rare, For some will hary themselves when in despair.

It was the natal day of Washington, And that they thought a famous day for fun; For with the learned world it is agreed, The better day the better deed.

They talked away, and as the gla.s.s went round They grew, in point of wisdom, more profound; For at the bottom of the bottle lies That kind of sense we overlook when wise.

Come, here "s a toast, cried one, with roar immense, May none know pleasure who love Common Sense.

Bravo! cried some,--no, no! some others cried, But left it to the waiter to decide.

I think, said he, the case would be more plain, To leave out Common Sense, and put in Paine.

On this a mighty noise arose among This drunken, bawling, senseless throng.

Some said that Common Sense was all a curse, That making people wiser made them worse; It learned them to be careful of their purse, And not be laid about like babes at nurse, Nor yet believe in stories upon trust, Which all mankind, to be well governed must; And that the toast was better at the first, And he that did n"t think so might be cursed.

So on they went, till such a fray arose As all who know what Feds are may suppose."

On his way northward, to his old home in Bor-dentown, Paine pa.s.sed many a remembered spot, but found little or no greeting on his journey. In Baltimore a "New Jerusalemite," as the Sweden-borgian was then called, the Rev. Mr. Hargrove, accosted him with the information that the key to scripture was found, after being lost 4,000 years.

"Then it must be very rusty," answered Paine. In Philadelphia his old friend Dr. Benjamin Rush never came near him. "His principles," wrote Rush to Cheetham, "avowed in his "Age of Reason," were so offensive to me that I did not wish to renew my intercourse with him." Paine made arrangements for the reception of his bridge models at Peale"s Museum, but if he met any old friend there no mention of it appears. Most of those who had made up the old circle--Franklin, Rittenhouse, Muhlenberg--were dead, some were away in Congress; but no doubt Paine saw George Clymer. However, he did not stay long in Philadelphia, for he was eager to reach the spot he always regarded as his home, Bordentown.

And there, indeed, his hope, for a time, seemed to be fulfilled It need hardly be said that his old friend Colonel Kirkbride gave him hearty welcome. John Hall, Paine"s bridge mechanician, "never saw him jollier,"

and he was full of mechanical "whims and schemes" they were to pursue together. Jefferson was candidate for the presidency, and Paine entered heartily into the canva.s.s; which was not prudent, but he knew nothing of prudence. The issue not only concerned an old friend, but was turning on the question of peace with France. On March 12th he writes against the "federalist" scheme for violently seizing New Orleans. At a meeting in April, over which Colonel Kirkbride presides, Paine drafts a reply to an attack on Jefferson"s administration, circulated in New York. On April 21 st he writes the refutation of an attack on Jefferson, _apropos_ of the national vessel offered for his return, which had been coupled with a charge that Paine had proposed to the Directory an invasion of America! In June he writes about his bridge models (then at Peale"s Museum, Philadelphia), and his hope to span the Delaware and the Schuylkill with iron arches.

Here is a letter written to Jefferson from Bordentown

(August 2d) containing suggestions concerning the beginning of government in Louisiana, from which it would appear that Paine"s faith in the natural inspiration of _vox populi_ was still imperfect:

"I take it for granted that the present inhabitants know little or nothing of election and representation as const.i.tuting government. They are therefore not in an immediate condition to exercise those powers, and besides this they are perhaps too much under the influence of their priests to be sufficiently free.

"I should suppose that a Government _provisoire_ formed by Congress for three, five, or seven years would be the best mode of beginning. In the meantime they may be initiated into the practice by electing their Munic.i.p.al government, and after some experience they will be in train to elect their State government. I think it would not only be good policy but right to say, that the people shall have the right of electing their Church Ministers, otherwise their Ministers will hold by authority from the Pope. I do not make it a compulsive article, but to put it in their power to use it when they please. It will serve to hold the priests in a stile of good behavior, and also to give the people an idea of elective rights. Anything, they say, will do to learn upon, and therefore they may as well begin upon priests.

"The present prevailing language is french and Spanish, but it will be necessary to establish schools to teach english as the laws ought to be in the language of the Union.

"As soon as you have formed any plan for settling the Lands I shall be glad to know it. My motive for this is because there are thousands and tens of thousands in England and Ireland and also in Scotland who are friends of mine by principle, and who would gladly change their present country and condition. Many among them, for I have friends in all ranks of life in those countries, are capable of becoming monied purchasers to any amount.

"If you can give me any hints respecting Louisiana, the quant.i.ty in square miles, the population, and amount of the present Revenue I will find an opportunity of making some use of it. When the formalities of the cession are compleated, the next thing will be to take possession, and I think it would be very consistent for the President of the United States to do this in person.

"What is Dayton gone to New Orleans for? Is he there as an Agent for the British as Blount was said to be?"

Of the same date is a letter to Senator Breck-enridge, of Kentucky, forwarded through Jefferson:

"My Dear Friend,--Not knowing your place of Residence in Kentucky I send this under cover to the President desiring him to fill up the direction.

"I see by the public papers and the Proclamation for calling Congress, that the cession of Louisiana has been obtained. The papers state the purchase to be 11,250,000 dollars in the six per cents and 3,750,000 dollars to be paid to American claimants who have furnished supplies to France and the french Colonies and are yet unpaid, making on the whole 15,000,000 dollars.

"I observe that the faction of the Feds who last Winter were for going to war to obtain possession of that country and who attached so much importance to it that no expense or risk ought be spared to obtain it, have now altered their tone and say it is not worth having, and that we are better without it than with it. Thus much for their consistency.

What follows is for your private consideration.

"The second section of the 2d article of the const.i.tution says, The "President shall have Power by and with the consent of the senate to make Treaties provided two thirds of the senators present concur."

"A question may be supposed to arise on the present case, which is, under what character is the cession to be considered and taken up in congress, whether as a treaty, or in some other shape? I go to examine this point.

"Though the word, Treaty, as a Word, is unlimited in its meaning and application, it must be supposed to have a denned meaning in the const.i.tution. It there means Treaties of alliance or of navigation and commerce--Things which require a more profound deliberation than common acts do, because they entail on the parties a future reciprocal responsibility and become afterwards a supreme law on each of the contracting countries which neither can annull. But the cession of Louisiana to the United States has none of these features in it It is a sale and purchase. A sole act which when finished, the parties have no more to do with each other than other buyers and sellers have. It has no future reciprocal consequences (which is one of the marked characters of a Treaty) annexed to it; and the idea of its becoming a supreme law to the parties reciprocally (which is another of the characters of a Treaty) is inapplicable in the present case. There remains nothing for such a law to act upon.

"I love the restriction in the const.i.tution which takes from the Executive the power of making treaties of his own will: and also the clause which requires the consent of two thirds of the Senators, because we cannot be too cautious in involving and entangling ourselves with foreign powers; but I have an equal objection against extending the same power to the senate in cases to which it is not strictly and const.i.tutionally applicable, because it is giving a nullifying power to a minority. Treaties, as already observed, are to have future consequences and whilst they remain, remain always in execution externally as well as internally, and therefore it is better to run the risk of losing a good treaty for the want of two thirds of the senate than be exposed to the danger of ratifying a bad one by a small majority. But in the present case no operation is to follow but what acts itself within our own Territory and under our own laws. We are the sole power concerned after the cession is accepted and the money paid, and therefore the cession is not a Treaty in the const.i.tutional meaning of the word subject to be rejected by a minority in the senate.

"The question whether the cession shall be accepted and the bargain closed by a grant of money for the purpose, (which I take to be the sole question) is a case equally open to both houses of congress, and if there is any distinction of _formal right_, it ought according to the const.i.tution, as a money transaction, to begin in the house of Representatives.

"I suggest these matters that the senate may not be taken unawares, for I think it not improbable that some Fed, who intends to negative the cession, will move to take it up as if it were a Treaty of Alliance or of Navigation and Commerce.

"The object here is an increase of territory for a valuable consideration. It is altogether a home concern--a matter of domestic policy. The only real ratification is the payment of the money, and as all verbal ratification without this goes for nothing, it would be a waste of time and expense to debate on the verbal ratification distinct from the money ratification. The shortest way, as it appears to me, would be to appoint a committee to bring in a report on the President"s Message, and for that committee to report a bill for the payment of the money. The french Government, as the seller of the property, will not consider anything ratification but the payment of the money contracted for.

"There is also another point, necessary to be aware of, which is, to accept it in toto. Any alteration or modification in it, or annexed as a condition is so far fatal, that it puts it in the power of the other party to reject the whole and propose new Terms. There can be no such thing as ratifying in part, or with a condition annexed to it and the ratification to be binding. It is still a continuance of the negociation.

"It ought to be presumed that the American ministers have done to the best of their power and procured the best possible terms, and that being immediately on the spot with the other party they were better Judges of the whole, and of what could, or could not be done, than any person at this distance, and unacquainted with many of the circ.u.mstances of the case, can possibly be.

"If a treaty, a contract, or a cession be good upon the whole, it is ill policy to hazard the whole, by an experiment to get some trifle in it altered. The right way of proceeding in such case is to make sure of the whole by ratifying it, and then instruct the minister to propose a clause to be added to the Instrument to obtain the amendment or alteration wished for. This was the method Congress took with respect to the Treaty of Commerce with France in 1778. Congress ratified the whole and proposed two new articles which were agreed to by France and added to the Treaty.

"There is according to newspaper account an article which admits french and Spanish vessels on the same terms as American vessels. But this does not make it a commercial Treaty. It is only one of the Items in the payment: and it has this advantage, that it joins Spain with France in making the cession and is an encouragement to commerce and new settlers.

"With respect to the purchase, admitting it to be 15 millions dollars, it is an advantageous purchase. The revenue alone purchased as an annuity or rent roll is worth more--at present I suppose the revenue will pay five per cent for the purchase money.

"I know not if these observations will be of any use to you. I am in a retired village and out of the way of hearing the talk of the great world. But I see that the Feds, at least some of them, are changing their tone and now reprobating the acquisition of Louisiana; and the only way they can take to lose the affair will be to take it up as they would a Treaty of Commerce and annull it by a Minority; or entangle it with some condition that will render the ratification of no effect.

"I believe in this state (Jersey) we shall have a majority at the next election. We gain some ground and lose none anywhere. I have half a disposition to visit the Western World next spring and go on to New Orleans. They are a new people and unacquainted with the principles of representative government and I think I could do some good among them.

"As the stage-boat which was to take this letter to the Post-office does not depart till to-morrow, I amuse myself with continuing the subject after I had intended to close it.

"I know little and can learn but little of the extent and present population of Louisiana. After the cession be com-pleated and the territory annexed to the United States it will, I suppose, be formed into states, one, at least, to begin with.

"The people, as I have said, are new to us and we to them and a great deal will depend on a right beginning. As they have been transferred backward and forward several times from one European Government to another it is natural to conclude they have no fixed prejudices with respect to foreign attachments, and this puts them in a fit disposition for their new condition. The established religion is roman; but in what state it is as to exterior ceremonies (such as processions and celebrations), I know not. Had the cession to france continued with her, religion I suppose would have been put on the same footing as it is in that country, and there no ceremonial of religion can appear on the streets or highways; and the same regulation is particularly necessary now or there will soon be quarrels and tumults between the old settlers and the new. The Yankees will not move out of the road for a little wooden Jesus stuck on a stick and carried in procession nor kneel in the dirt to a wooden Virgin Mary. As we do not govern the territory as provinces but incorporated as states, religion there must be on the same footing it is here, and Catholics have the same rights as Catholics have with us and no others. As to political condition the Idea proper to be held out is, that we have neither conquered them, nor bought them, but formed a Union with them and they become in consequence of that union a part of the national sovereignty.

"The present Inhabitants and their descendants will be a majority for some time, but new emigrations from the old states and from Europe, and intermarriages, will soon change the first face of things, and it is necessary to have this in mind when the first measures shall be taken.

Everything done as an expedient grows worse every day, for in proportion as the mind grows up to the full standard of sight it disclaims the expedient. America had nearly been ruined by expedients in the first stages of the revolution, and perhaps would have been so, had not "Common Sense" broken the charm and the Declaration of Independence sent it into banishment.

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