In the State Archives at Paris (États Unis, vol. xliii.) there are two papers marked "Thomas Payne." The first urges the French Ministry to seize the occasion of a treaty with Spain to do a service to the United States: let the free navigation of the Mississippi be made by France a condition of peace. The second paper (endorsed "3 Ventose, February 21, 1795") proposes that, in addition to the condition made to Spain, an effort should be made to include American interests in the negotiation with England, if not too late. The negotiation with England was then finished, but the terms unpublished. Paine recommended that the Convention should pass a resolution that freedom of the Mississippi should be a condition of peace with Spain, which would necessarily accept it; and that, in case the arrangement with England should prove unsatisfactory, any renewed negotiations should support the just reclamations of their American ally for the surrender of the frontier posts and for depredations on their trade. Paine points out that such a declaration could not prolong the war a day, nor cost France an obole; whereas it might have a decisive effect in the United States, especially if Jay's treaty with England should be reprehensible, and should be approved in America. That generosity "would certainly raise the reputation of the French Republic to the most eminent degree of splendour, and lower in proportion that of her enemies." It would undo the bad effects of the depredations of French privateers on American vessels, which rejoiced the British party in the United States and discouraged the friends of liberty and humanity there. It would acquire for France the merit which is her due, supply her American friends with strength against the intrigues of England, and cement the alliance of the Republics. This able paper might have been acted on, but for the anger in France at the Jay treaty.