"Having drawn this line they agree to retain individually the first class of Rights, or those of personal competency; and to detach from their personal possession the second class, or those of defective power, and to accept in lieu thereof a right to the whole power produced by a condensation of all the parts. These I conceive to be civil rights, or rights of compact, and are distinguishable from natural rights because in the one we act wholly in our own person, in the other we agree not to do so, but act under the guarantee of society.
"It therefore follows that the more of those imperfect natural rights or rights of imperfect power we give up, and thus exchange, the more security we possess; and as the word liberty is often mistakenly put for security, Mr. Wilson has confused his argument by confounding the terms. But it does not follow that the more natural rights of _every kind_ we assign the more security we possess, because if we resign those of the first class we may suffer much by the exchange; for where the right and the power are equal with each other in the individual, naturally, they ought to rest there.
"Mr. Wilson must have some allusion to this distinction, or his position would be subject to the inference you draw from it.
"I consider the individual sovereignty of the States retained under the act of confederation to be of the second class of right. It becomes dangerous because it is defective in the power necessary to support it. It answers the pride and purpose of a few men in each State, but the State collectively is injured by it."
The paper just quoted may be of importance to those students of Yale College who shall compete for the Ten Eyck prize of 1892, on the interesting subject, "Thomas Paine: Deism and Democracy in the Days of the American Revolution." There was no nearer approach to democracy, in Paine's theory, than that of this paper sent to Jefferson. The Constitutional Convention represented to him the contracting People, all the individuals being parties to a Compact whereby every majority pledges itself to protect the minority in matters not essential to the security of all. In representative government thus limited by compact he recognized the guaranty of individual freedom and influence by which the mass could be steadily enlightened. Royall Tyler considered some of his views on these subjects "whimsical paradoxes"; but they are not so "unaccountable" as he supposed. Tyler's portraiture of Paine in London, though somewhat adapted to prejudices anent "The Age of Reason," is graphic, and Paine's anti-democratic paradox wittily described.