THE LIFE OF THOMAS PAINE -- VOLUME I

Chapter XI.  Cause, Country, Self. [1779-1780]

Whatever might be thought of Paine's course in the Deane-Beaumarchais affair, there could be no doubt that the country was saved from a questionable payment unjustly pressed at a time when it must have crippled the Revolution, for which the French subsidies were given. Congress was relieved, and he who relieved it was the sufferer. From the most important congressional secretaryship he was reduced to a clerkship in Owen Biddle's law office.

Paine's patriotic interest in public affairs did not abate. In the summer of 1779 he wrote able articles in favor of maintaining our right to the Newfoundland fisheries in any treaty of peace that might be made with England. Congress was secretly considering what instructions should be sent to its representatives in Europe, in case negotiations should arise, and the subject was discussed by "Americanus" in a letter to the Pennsylvania Gazette, June 23d. This writer argued that the fisheries should not be mentioned in such negotiations; England would stickle at the claim, and our ally, France, should not be called on to guarantee a right which should be left to the determination of natural laws. This position Paine combated; he maintained that independence was not a change of ministry, but a real thing; it should mean prosperity as well as political liberty. Our ally would be aggrieved by a concession to Great Britain of any means of making our alliance useful. "There are but two natural sources of wealth -- the Earth and the Ocean, -- and to lose the right to either is, in our situation, to put up the other for sale." The fisheries are needed, "first, as an Employment. Secondly, as producing national Supply and Commerce, and a means of national wealth. Thirdly, as a Nursery for Seamen." Should Great Britain be in such straits as to ask for peace, that would be the right opportunity to settle the matter. "To leave the Fisheries wholly out, on any pretence whatever, is to sow the seeds of another war." (Pennsylvania Gazette, June 30th, July 14th, 21st.)

The prospects of peace seemed now sufficiently fair for Paine to give the attention which nobody else did to his own dismal situation. His scruples about making money out of the national cause were eccentric. The manuscript diary of Rickman, just found by Dr. Clair Grece, contains this note:

"Franklin, on returning to America from France, where he had been conducting great commercial and other concerns of great import and benefit to the States of America, on having his accounts looked over by the Committee appointed to do so, there was a deficit of £100,000. He was asked how this happened. 'I was taught,' said he very gravely, `when a boy to read the scriptures and to attend to them, and it is there said: muzzle not the ox that treadeth out his master's grain.' No further inquiry was ever made or mention of the deficient £100,000, which, it is presumed, he devoted to some good and great purpose to serve the people, -- his own aim through life."

Rickman, who named a son after Franklin, puts a more charitable construction on the irregularities of the Doctor's accounts than Gouverneur Morris (p.140). The anecdote may not be exact, but it was generally rumored, in congressional circles, that Franklin had by no means been muzzled. Nor does it appear to have been considered a serious matter. The standard of political ethics being thus lowered, it is easy to understand that Paine gave more offence by his Diogenes-lantern than if he had quietly taken his share of the grain he trod out. The security of independence and the pressure of poverty rendered it unnecessary to adhere to his quixotic Quaker repugnance to the sale of his inspirations, and he now desired to collect these into marketable shape. His plans are stated in a letter to Henry Laurens.

"PHILADELPHIA, Sepr. 14th, 1779. -- "DEAR SIR, -- "It was my intention to have communicated to you the substance of this letter last Sunday had I not been prevented by a return of my fever; perhaps finding myself unwell, and feeling, as well as apprehending, inconveniences, have produced in me some thoughts for myself as well as for others. I need not repeat to you the part I have acted or the principle I have acted upon; and perhaps America would feel the less obligation to me, did she know, that it was neither the place nor the people but the Cause itself that irresistibly engaged me in its support; for I should have acted the same part in any other Country could the same circumstances have arisen there which have happened here. I have often been obliged to form this distinction to myself by way of smoothing over some disagreeable ingratitudes, which, you well know, have been shewn to me from a certain quarter.

"I find myself so curiously circumstanced that I have both too many friends and too few, the generality of them thinking that from the public part I have so long acted I cannot have less than a mine to draw from -- What they have had from me they have got for nothing, and they consequently suppose I must be able to afford it. I know but one kind of life I am fit for, and that is a thinking one, and, of course, a writing one -- but I have confined myself so much of late, taken so little exercise, and lived so very sparingly, that unless I alter my way of life it will alter me. I think I have a right to ride a horse of my own, but I cannot now even afford to hire one, which is a situation I never was in before, and I begin to know that a sedentary life cannot be supported without jolting exercise. Having said thus much, which, in truth, is but loss of time to tell to you who so well know how I am situated, I take the liberty of communicating to you my design of doing some degree of justice to myself, but even this is accompanied with some present difficulties, but it is the easiest, and, I believe, the most useful and reputable of any I can think of. I intend this winter to collect all my Publications, beginning with "Common Sense" and ending with the fisheries, and publishing them in two volumes Octavo, with notes. I have no doubt of a large subscription. The principal difficulty will be to get Paper and I can think of no way more practicable than to desire Arthur Lee to send over a quantity from France in the Confederacy if she goes there, and settling for it with his brother. After that work is completed, I intend prosecuting a history of the Revolution by means of a subscription -- but this undertaking will be attended with such an amazing expense, and will take such a length of Time, that unless the States individually give some assistance therein, scarcely any man could afford to go through it. Some kind of an history might be easily executed made up of daily events and trifling matters which would lose their Importance in a few years. But a proper history cannot even be began unless the secrets of the other side of the water can be obtained, for the first part is so interwoven with the Politics of England, that, that which will be the last to get at must be the first to begin with -- and this single instance is sufficient to show that no history can take place of some time. My design, if I undertake it, is to comprise it in three quarto volumes and to publish one each year from the time of beginning, and to make an abridgment afterwards in an easy agreeable language for a school book.  All the histories of ancient wars that are used for this purpose, promotes no Moral Reflection, but like the beggars opera renders the villain pleasing in the hero. Another thing that will prolong the completion of an history is the want of Plates which only can be done in Europe, for that part of a history which is intended to convey description of places or persons will ever be imperfect without them. I have now, Sir, acquainted you with my design, and unwilling, as you know I am, to make use of a friend while I can possibly avoid it, I am really obliged to say that I should now be glad to consult with two or three on some matters that regard my situation till such time as I can bring the first of those subscriptions to bear, or set them on foot, which cannot well be until I can get the paper; for should I [be] disappointed of that, with the subscriptions in my hand, I might be reflected upon, and the reason, tho' a true one, would be subject to other explanations.

"Here lies the difficulty I alluded to in the beginning of this letter, and I would rather wish to borrow something of a friend or two in the interim than run the risk I have mentioned, because should I be disappointed by the Paper being taken or not arriving in time, the reason being understood by them beforehand will not injure me, but in the other case it would, and in the mean Time I can be preparing for publication. I have hitherto kept all my private matters a secret, but as I know your friendship and you a great deal of my situation, I can with more ease communicate them to you than to another.

"P. S. If you are not engaged to-morrow evening I should be glad to spend part of it with you -- if you are, I shall wait your opportunity." [1]

It was a cruel circumstance of Paine's poverty that he was compelled to call attention not only to that but to his services, and to appraise the value of his own pen. He had to deal with hard men, on whom reserve was wasted. On September 28th he reminded the Executive Council of Pennsylvania of his needs and his uncompensated services, which, he declared, he could not afford to continue without support. The Council realized the importance of Paine's pen to its patriotic measures, but was afraid of offending the French Minister. Its president, Joseph Reed, on the following day (September 29th) wrote to that Minister intimating that they would like to employ Paine if he (the minister) had no objection. On October 11th Gérard replies with a somewhat equivocal letter, in which he declares that Paine had agreed to terms he had offered through M. de Mirales, but had not fulfilled them. "I willingly," he says, "leave M. Payne to enjoy whatever advantages he promises himself by his denial of his acceptance of the offers of M. de Mirales and myself. I would even add, Sir, that if you feel able to direct his pen in a way useful to the public welfare -- which will perhaps not be difficult to your zeal, talents, and superior lights, -- I will be the first to applaud the success of an attempt in which I have failed." [2] On the same date Paine, not having received any reply to his previous letter, again wrote to the Council.

"HONBLE. SIRS. -- Some few days ago I presented a letter to this Honble. Board stating the inconveniences which I lay under from an attention to public interest in preference to my own, to which I have recd. no reply. It is to me a matter of great concern to find in the government of this State, that which appears to be a disposition in them to neglect their friends and to throw discouragements in the way of genius and Letters.

At the particular request of the Gentleman who presides at this board, I took up the defence of the Constitution, at a time when he declared to me that unless he could be assisted he must give it up and quit the state; as matters then pressed too heavy upon him, and the opposition was gaining ground; yet this Board has since suffered me to combat with all the inconveniences incurred by that service, without any attention to my interest or my situation. For the sake of not dishonoring a cause, good in itself, I have hitherto been silent on these matters, but I cannot help expressing to this board the concern I feel on this occasion, and the ill effect which such discouraging examples will have on those who might otherwise be disposed to act as I have done.

"Having said this much, which is but a little part of which I am sensible, I have a request to make which if complied with will enable me to overcome the difficulties alluded to and to withdraw from a service in which I have experienced nothing but misfortune and neglect. I have an opportunity of importing a quantity of printing paper from France, and intend collecting my several pieces, beginning with Common Sense, into two Volumes, and publishing them by Subscription, with notes; but as I cannot think of beginning the Subscription until the paper arrive, and as the undertaking, exclusive of the paper, will be attended with more expense than I, who have saved money both in the Service of the Continent and the State, can bear, I should be glad to be assisted with the loan of fifteen hundred pounds for which I will give bond payable within a year. If this should not be complied with, I request that the services I have rendered may be taken into consideration and such compensation made me therefor as they shall appear to deserve.

"I am, Honble. Sirs, your obt. and humble servt.,

"THOMAS PAINE."

The constitution which Paine, in the above letter, speaks of defending was that of 1776, which he had assisted Dr. Franklin, James Cannon and others in framing for Pennsylvania. It was a fairly republican constitution, and by its enfranchisement of the people generally reduced the power enjoyed by the rich and reactionary under the colonial government. In Stille's biography of John Dickinson the continued conflicts concerning this constitution are described. In 1805, when a constitutional convention was proposed in Pennsylvania, Paine pointed out the superiority of its constitution of 1776, which "was conformable to the Declaration of Independence and the Declaration of Rights, which the present constitution [framed in 1790] is not." [3] The constitution of 1776, and Paine's exposure of the services rendered to the enemy by Quakers, cleared the Pennsylvania Assembly of the members of that society who had been supreme. This process had gone on. The oath of allegiance to the State, proposed by Paine in 1777, and adopted, had been followed in 1778 (April 1st) by one imposing renunciation of all allegiance to George III., his heirs and successors, to be taken by all trustees, provosts, professors, and masters. This was particularly aimed at the nest of "Tories" in the University of Philadelphia, whose head was the famous Dr. William Smith. This provost, and all members of the University except three trustees, took the oath, but the influence of those who had been opposed to independence remained the same. In 1779 the Assembly got rid of the provost (Smith), and this was done by the act of November which took away the charter of the University. [4] It was while this agitation was going on, and the Philadelphia "Tories" saw the heads of their chieftains falling beneath Paine's pen, that his own official head had been thrown to them by his own act. The sullen spite of the "Tories" did not fail to manifest itself. In conjunction with Deane's defeated friends, they managed to give Paine many a personal humiliation. This was, indeed, easy enough, since Paine, though willing to fight for his cause, was a non-resistant in his own behalf. It may have been about this time that an incident occurred which was remembered with gusto by the aged John Joseph Henry after the "Age of Reason" had added horns and cloven feet to his early hero. Mr. Mease, Clothier-General, gave a dinner party, and a company of his guests, on their way home, excited by wine, met Paine. One of them remarking, "There comes `Common Sense,' " Matthew Slough said, "Damn him, I shall common-sense him," and thereupon tripped Paine into the gutter. [5]

But patriotic America was with Paine, and missed his pen; for no Crisis had appeared for nearly a year. Consequently on November 2, 1779, the Pennsylvania Assembly elected him its Clerk, the same day there was introduced into that Assembly an act for the abolition of slavery in the State, which then contained six thousand negro slaves. The body of this very moderate measure was prepared by George Bryan, but the much admired preamble has been attributed by tradition to the pen of Paine. [6] That this tradition is correct is now easily proved by a comparison of its sentiments and phraseology with the antislavery writings of Paine presented in previous pages of this work. The author, who alone seems to have been thinking of the negroes and their rights during that revolutionary epoch, thus had some reward in writing the first proclamation of emancipation in America. The act passed March 1, 1780. The Preamble is as follows:

"I. When we contemplate our abhorrence of that condition, to which the arms and tyranny of Great Britain were exerted to reduce us, when we look back on the variety of dangers to which we have been exposed, and how miraculously our wants in many instances have been supplied, and our deliverances wrought, when even hope and human fortitude have become unequal to the conflict, we are unavoidably led to a serious and grateful sense of the manifold blessings, which we have undeservedly received from the hand of that Being, from whom every good and perfect gift cometh. Impressed with these ideas, we conceive that it is our duty, and we rejoice that it is in our power, to extend a portion of that freedom to others, which hath been extended to us, and release from that state of thraldom, to which we ourselves were tyrannically doomed, and from which we have now every prospect of being delivered. It is not for us to enquire why, in the creation of mankind, the inhabitants of the several parts of the earth were distinguished by a difference in feature or complexion. It is sufficient to know that all are the work of the Almighty Hand. We find in the distribution of the human species, that the most fertile as well as the most barren parts of the earth are inhabited by men of complexions different from ours, and from each other; from whence we may reasonably as well as religiously infer, that He, who placed them in their various situations, hath extended equally his care and protection to all, and that it becometh not us to counteract his mercies. We esteem it a peculiar blessing granted to us, that we are enabled this day to add one more step to universal civilization, by removing, as much as possible, the sorrows of those, who have lived in undeserved bondage, and from which, by the assumed authority of the Kings of Great Britain, no effectual, legal relief could be obtained. Weaned, by a long course of experience, from those narrow prejudices and partialities we had imbibed, we find our hearts enlarged with kindness and benevolence towards men of all conditions and nations; and we conceive ourselves at this particular period particularly called upon by the blessings which we have received, to manifest the sincerity of our profession, and to give a substantial proof of our gratitude.

"II. And whereas the condition of those persons, who have heretofore been denominated Negro and Mulatto slaves, has been attended with circumstances, which not only deprived them of the common blessings that they were by nature entitled to, but has cast them into the deepest afflictions, by an unnatural separation and sale of husband and wife from each other and from their children, an injury, the greatness of which can only be conceived by supposing that we were in the same unhappy case. In justice, therefore, to persons so unhappily circumstanced, and who, having no prospect before them whereon they may rest their sorrows and their hopes, have no reasonable inducement to render their service to society, which they otherwise might, and also in grateful commemoration of our own happy deliverance from that state of unconditional submission to which we were doomed by the tyranny of Britain.

"III. Be it enacted, &c."

New Year, 1780, found Washington amid much distress at Morristown. Besides the published letters which attest this I have found an extract from one which seems to have escaped the attention of Washington's editors. [7] It was written at Morristown, January 5th.

"It gives me extreme Pain that I should still be holding up to Congress our wants on the score of Provision, when I am convinced that they are doing all that they can for our relief. Duty and necessity, however, constrain me to it. The enclosed copies of Letters from Mr. Flint, the Assistant Commissary, and from Gen. Irvine, who commands at present our advanced troops, contain a just Representation of our situation. To add to our Difficulties very much fear that the late violent snow storm has so blocked up the Roads, that it will be some days before the scanty supplies in this quarter can be brought to camp. The troops, both officers and men, have borne their Distress, with a patience scarcely to be conceived. Many of the latter have been four or five days without meat entirely and short of Bread, and none but very scanty Supplies -- Some for their preservation have been compelled to maraud and rob from the Inhabitants, and I have it not in my power to punish or reprove the practice. If our condition should not undergo a very speedy and considerable change for the better, it will be difficult to point out all the consequences that may ensue. About forty of the Cattle mentioned by Mr. Flint got in last night."

The times that tried men's souls had come again. The enemy, having discovered the sufferings of the soldiers at Morristown, circulated leaflets inviting them to share the pleasures of New York. Nor were they entirely unsuccessful. On May 28th was penned the gloomiest letter Washington ever wrote. It was addressed to Reed, President of Pennsylvania, and the Clerk (Paine) read it to the Assembly. "I assure you," said the Commander's letter, "every idea you can form of our distresses will fall short of the reality. There is such a combination of circumstances to exhaust the patience of the soldiery that it begins at length to be worn out, and we see in every line of the army the most serious features of mutiny and sedition." There was throughout the long letter a tone of desperation which moved the Assembly profoundly. At the close there was a despairing silence, amid which a member arose and said, "We may as well give up first as last." The treasury was nearly empty, but enough remained to pay Paine his salary, and he headed a subscription of relief with $500. [8]  The money was enclosed to Mr. M'Clenaghan, with a vigorous letter which that gentleman read to a meeting held in a coffee-house the same evening. Robert Morris and M'Clenaghan subscribed £200 each, hard money. The subscription, dated June 8th, spread like wildfire, and resulted in the raising of £300,000, which established a bank that supplied the army through the campaign, and was incorporated by Congress on December 21st.

Paine, by his timely suggestion of a subscription, and his "mite," as he called it, proved that he could meet a crisis as well as write one. He had written a cheery Crisis in March, had helped to make good its hopefulness in May, and was straightway busy on another. This was probably begun on the morning when M'Clenaghan came to him with a description of the happy effect and result produced by his letter and subscription on the gentlemen met at the coffee-house. This Crisis (June 9, 1780) declares that the reported fate of Charleston, like the misfortunes of 1776, had revived the same spirit; that such piecemeal work was not conquering the continent; that France was at their side; that an association had been formed for supplies, and hard-money bounties. In a postscript he adds: "Charleston is gone, and I believe for the want of a sufficient supply of provisions. The man that does not now feel for the honor of the best and noblest cause that ever a country engaged in, and exert himself accordingly, is no longer worthy of a peaceable residence among a people determined to be free."

Meanwhile, on "Sunday Morning, June 4th," Paine wrote to President Reed a private letter:

"SIR, -- I trouble you with a few thoughts on the present state of affairs. Every difficulty we are now in arises from an empty treasury and an exhausted credit. These removed and the prospect were brighter. While the war was carried on by emissions at the pleasure of Congress, any body of men might conduct public business, and the poor were of equal use in government with the rich. But when the means must be drawn from the country the case becomes altered, and unless the wealthier part throw in their aid, public measures must go heavily on.

"The people of America understand rights better than politics. They have a clear idea of their object, but are greatly deficient in comprehending the means. In the first place, they do not distinguish between sinking the debt, and raising the current expenses. They want to have the war carried on, the Lord knows how.

"It is always dangerous to spread an alarm of danger unless the prospect of success be held out with it, and that not only as probable, but naturally essential. These things premised, I beg leave to mention, that suppose you were to send for some of the richer inhabitants of the City, and state to them the situation of the army and the treasury, not as arising so much from defect in the departments of government as from a neglect in the country generally, in not contributing the necessary support in time. If they have any spirit, any foresight of their own interest or danger, they will promote a subscription either of money or articles, and appoint a committee from among themselves to solicit the same in the several Counties; and one State setting the example, the rest, I presume, will follow. Suppose it was likewise proposed to them to deposit their plate to be coined for the pay of the Army, crediting the government for the value, by weight.

"If measures of this kind could be promoted by the richer of the Whigs, it would justify your calling upon the other part to furnish their proportion without ceremony, and these two measures carried, would make a draft or call for personal service the more palatable and easy.

"I began to write this yesterday. This morning, it appears clear to me that Charleston is in the hands of the enemy, and the garrison prisoners of war. Something must be done, and that something, to give it popularity, must begin with men of property. Every care ought now to be taken to keep goods from rising. The rising of goods will have a most ruinous ill effect in every light in which it can be viewed.

"The army must be reunited, and that by the most expeditious possible means. Drafts should first be countenanced by subscriptions, and if men would but reason rightly, they would see that there are some thousands in this State who had better subscribe thirty, forty, or fifty guineas apiece than run the risk of having to settle with the enemy. Property is always the object of a conqueror, wherever he can find it. A rich man, says King James, makes a bonny traitor; and it cannot be supposed that Britain will not reimburse herself by the wealth of others, could she once get the power of doing it. We must at least recruit eight or ten thousand men in this State, who had better raise a man apiece, though it should cost them a thousand pounds apiece, than not have a sufficient force, were it only for safety sake. Eight or ten thousand men, added to what we have now got, with the force that may arrive, would enable us to make a stroke at New York, to recover the loss of Charleston -- but the measure must be expeditious.

"I suggest another thought. Suppose every man, working a plantation, who has not taken the oath of allegiance, in Philadelphia County, Bucks, Chester, Lancaster, Northampton, and Berks, were, by the new power vested in the Council, called immediately upon for taxes in kind at a certain value. Horses and wagons to be appraised. This would not only give immediate relief, but popularity to the new power. I would remark of taxes in kind, that they are hard-money taxes, and could they be established on the non-jurors, would relieve us in the articles of supplies.

"But whatever is necessary or proper to be done, must be done immediately. We must rise vigorously upon the evil, or it will rise upon us. A show of spirit will grow into real spirit, but the Country must not be suffered to ponder over their loss for a day. The circumstance of the present hour will justify any means from which good may arise. We want rousing.

"On the loss of Charleston I would remark -- the expectation of a foreign force arriving will embarrass them whether to go or to stay; and in either case, what will they do with their prisoners? If they return, they will be but as they were as to dominion; if they continue, they will leave New York an attackable post. They can make no new movements for a considerable time. They may pursue their object to the Southward in detachments, but then in every main point they will naturally be at a stand; and we ought immediately to lay hold of the vacancy.

"I am, Sir, your obedient humble servant,

"THOMAS PAINE."

If Paine had lost any popularity in consequence of his indirect censure by Congress, a year before, it had been more than regained by his action in heading the subscription, and the inspiriting effect of his pamphlets of March and June, 1780. The University of the State of Pennsylvania, as it was now styled, celebrated the Fourth of July by conferring on him the degree of Master of Arts. [9] Among the trustees who voted to confer on him this honor were some who had two years before refused to take the American oath of allegiance.

In the autumn appeared Paine's Crisis Extraordinary. It would appear by a payment made to him personally, that in order to make his works cheap he had been compelled to take his publications into his own hands. [10] The sum of $360 paid for ten dozen copies of this pamphlet was really at the rate of five cents per copy. It is a forcible reminder of the depreciation of the Continental currency. At one period Paine says he paid $300 for a pair of woolen stockings.

Although the financial emergency had been tided over by patriotic sacrifices, it had disclosed a chaos.  Congress, so far from being able to contend with Virginia on a point of sovereignty, was without power to levy taxes. "One State," writes Washington (May 31st) "will comply with a requisition of Congress; another neglects to do it; a third executes it by halves; and all differ either in the manner, the matter, or so much in point of time, that we are always working up hill, and ever shall be; and, while such a system as the present one or rather want of one prevails, we shall ever be unable to apply our strength or resources to any advantage." In the letter of May 28th, to the President of Pennsylvania, which led to the subscription headed by Paine, Washington pointed out that the resources of New York and Jersey were exhausted, that Virginia could spare nothing from the threatened South, and Pennsylvania was their chief dependence. "The crisis, in every point of view, is extraordinary." This sentence of Washington probably gave Paine his title, Crisis Extraordinary. It is in every sense a masterly production. By a careful estimate he shows that the war and the several governments cost two millions sterling annually. The population being 3,000,000, the amount would average 13s. 4d. per head. In England the taxation was £2 per head. With independence a peace establishment in America would cost 5s. per head; with the loss of it Americans would have to pay the £2 per head like other English subjects. Of the needed annual two millions, Pennsylvania's quota would be an eighth, or £250,000; that is, a shilling per month to her 375,000 inhabitants, -- which subjugation would increase to three-and-three-pence per month. He points out that the Pennsylvanians were then paying only £64,280 per annum, instead of their real quota of £250,000, leaving a deficiency of £185,720, and consequently a distressed army. After showing that with peace and free trade all losses and ravages would be speedily redressed, Paine proposes that half of Pennsylvania's quota, and £60,000 over, shall be raised by a tax of 7s. per head. With this sixty thousand (interest on six millions) a million can be annually borrowed. He recommends a war-tax on landed property, houses, imports, prize goods, and liquors. "It would be an addition to the pleasures of society to know that, when the health of the army goes round, a few drops from every glass become theirs."

On December 30, 1780, Dunlap advertised Paine's pamphlet "Public Good." Under a charter given the Virginia Company in 1609 the State of Virginia claimed that its southern boundary extended to the Pacific; and that its northern boundary, starting four hundred miles above, on the Atlantic coast, stretched due northwest. To this Paine replies that the charter was given to a London company extinct for one hundred and fifty years, during which the State had never acted under that charter. Only the heirs of that company's members could claim anything under its extinct charter. Further, the State unwarrantably assumed that the northwestern line was to extend from the northern point of its Atlantic base; whereas there was more reason to suppose that it was to extend from the southern point, and meet a due west line from the northern point, thus forming a triangular territory of forty-five thousand square miles. Moreover, the charter of 1609 said the lines should stretch "from sea to sea." Paine shows by apt quotations that the western sea was supposed to be a short distance from the Atlantic, and that the northwestern boundary claimed by Virginia would never reach the said sea, "but would form a spiral line of infinite windings round the globe, and after passing over the northern parts of America and the frozen ocean, and then into the northern parts of Asia, would, when eternity should end, and not before, terminate in the north pole." Such a territory is nondescript, and a charter that describes nothing gives nothing. It may be remarked here that though the Attorney-General of Virginia, Edmund Randolph, had to vindicate his State's claim, he used a similar argument in defeating Lord Fairfax's claim to lands in Virginia which had not been discovered when his grant was issued. [11] All this, however, was mere fencing preliminary to the real issue. The western lands, on the extinction of the Virginia companies, had reverted to the Crown, and the point in which the State was really interested was its succession to the sovereignty of the Crown over all that territory. It was an early cropping up of the question of State sovereignty. By royal proclamation of 1763 the province of Virginia was defined so as not to extend beyond heads of rivers emptying in the Atlantic. Paine contended that to the sovereignty of the Crown over all territories beyond limits of the thirteen provinces the United States had succeeded. This early assertion of the federal doctrine, enforced with great historical and legal learning, alienated from Paine some of his best Southern friends. The controversy did not end until some years later. After the peace, a proposal in the Virginia Legislature to present Paine with something for his services, was lost on account of this pamphlet. [12]

The students of history will soon be enriched by a "Life of Patrick Henry," by his grandson, William Wirt Henry, and a "Life of George Mason," by his descendant, Miss Rowland. In these works by competent hands important contributions will be made (as I have reason to know) to right knowledge of the subject dealt with by Paine in his "Public Good." It can here only be touched on; but in passing I may say that Virginia had good ground for resisting even the semblance of an assertion of sovereignty by a Congress representing only a military treaty between the colonies; and that Paine's doctrine confesses itself too idealistic and premature by the plea, with which his pamphlet closes, for the summoning of a "continental convention, for the purpose of forming a continental constitution, defining and describing the powers and authority of Congress."

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Notes:

1.  I am indebted to Mr. Simon Gratz of Philadelphia for a copy of this letter.

2.  "Life and Correspondence of Joseph Reed." By his grandson. 1847.

3.  Paine forgot the curious inconsistency in this constitution of 1776, between the opening Declaration of Rights in securing religious freedom and equality to all who "acknowledge the being of a God," and the oath provided for all legislators, requiring belief in future rewards and punishments, and in the divine inspiration of the Old and New Testaments. This deistical oath, however, was probably considered a victory of latitudiarianism, for the members of the convention had taken a rigid trinitarian oath on admission to their seats.

4.  See "A Memoir of the Rev. William Smith, D.D.," by Charles J, Stillé, Philadelphia, 1869. Provost Stillé, in this useful historical pamphlet, states all that can be said in favor of Dr. Smith, but does not refer to his controversy with Paine.

5.  This incident is related in the interest of religion in Mr. Henry's "Account of Arnold's Campaign against Quebec." The book repeats the old charge of drunkenness against Paine, but the untrustworthiness of the writer's memory is shown in his saying that his father grieved when Paine's true character appeared, evidently meaning his "infidelity." His father died in 1786, when no suspicion either of Paine's habits or orthodoxy had been heard.

6.  "Life and Correspondence of Joseph Reed," ii., p. 177; North American Review, vol. lvii., No. cxx.

7.  It is in the Ward Collection at Lafayette College, Easton, Pa., copied by a (probably) contemporary hand.

8.  The salary was drawn on June 7th, and amounted to $1,699. For particulars concerning Paine's connection with the Assembly I am indebted to Dr. William H. Egle, State Librarian of Pennsylvania.

9.  Mr. Burk, Secretary of the University of Pennsylvania, sends me some interesting particulars. The proposal to confer the degree on Paine was unanimously agreed to by the trustees present, who were the Hon. Joseph Reed, President of the Province; Mr. Moore, Vice-President; Mr. Sproat (Presbyterian minister), Mr. White (the Bishop), Mr. Helmuth, Mr. Weiborg (minister of the German Calvinist Church), Mr. Farmer (Roman Catholic Rector of St. Mary's), Dr. Bond, Dr. Hutchkinson, Mr. Muhlenberg (Lutheran minister), There were seven other recipients of the honor on that day, all eminent ministers of religion; and M.D. was conferred on David Ramsay, a prisoner with the enemy.

10.  "In Council, Philadelphia, October 10th, 1780. "SIR, -- Pay to Thomas Paine Esquire, or his order, the amount of three hundred and sixty dollars Continental money in State money, at sixty to one, amount of his account for 10 dozen of the Crisis Extraordinary. WM. MOORE, Vice President.  -- To DAVID RITTENHOUSE Esquire, Treasurer."

"SIR, -- Please to pay the within to Mr. Willm. Harris, and you will oblige yr. obt. Hble. Sert., Thos, Paine. -- DAVID RITTENHOSE ESQ."

"Rcd. in full, H. Wm. HARRIS." [Harris printed the pamphlet].

11.  "Omitted Chapters of History Disclosed in the Life and Papers of Edmund Randolph," pp. 47, 60.

12.  Of course this issue of State v. National sovereignty was adjourned to the future battle-field, where indeed it was not settled. Congress accepted Virginia's concession of the territory in question (March 1, 1784), without conceding that it was a donation; it accepted some of Virginia's conditions, but refused others, which the State surrendered. A motion that this acceptance did not imply endorsement of Virginia's claim was lost, but the contrary was not affirmed. The issue was therefore settled only in Paine's pamphlet, which remains a document of paramount historical interest.

There was, of course, a rumor that Paine's pamphlet was a piece of paid advocacy. I remarked among the Lee MSS., at the University of Virginia, an unsigned scrap of paper saying he had been promised twelve thousand acres of western land. Such a promise could only have been made by the old Indiana, or Vandalia Company, which was trying to revive its defeated claim for lands conveyed by the Indians in compensation for property they had destroyed. Their agent, Samuel Wharton, may have employed Paine's pen for some kind of work. But there is no faintest trace of advocacy in Paine's "Public Good." He simply maintains that the territories belong to the United States, and should be sold to pay the public debt, -- a principle as fatal to the claim of a Company as to that of a State.

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