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"received me with great civility; and after some questions respecting the present state of affairs in America and discourse thereupon, he said to me: 'You Americans have wrong ideas of the nature of your constitution; you contend that the king's instructions to his governors are not laws, and think yourselves at liberty to regard or disregard them at your own discretion. But these instructions are not like the pocket instructions given to a minister going abroad, for regulating his conduct on some trifling point of ceremony. They are first drawn up by judges learned in the laws; they are then considered, debated, and perhaps amended, in council, after which they are signed by the king. They are then, so far as they relate to you, the law of the land, for the king is the legislator of the colonies.' I told his lordship this was new doctrine to me. I had always understood from our charters that our laws were to be made by our assemblies, to be presented indeed to the king for his royal assent; but that being once given, the king could not repeal or alter them. And as the assemblies could not make permanent laws without his assent, so neither could he make a law for them without theirs. He assured me I was totally mistaken. I did not think so, however; and his lordship's conversation having somewhat alarmed me as to what might be the sentiments of the court concerning us, I wrote it down as soon as I returned to my lodgings."[8]

Granville also defended the recent act of Parliament laying "grievous restrictions on the export of provisions from the British colonies," the intent being to distress the American possessions of France by famine. His lordship said: "America must not do anything to interfere with Great Britain in the European markets." Franklin replied: "If we plant and reap, and must not ship, your lordship should apply to Parliament for transports to bring us all back again."

Next came an interview with the proprietaries. Each side declared itself disposed towards "reasonable accommodations;" but Franklin supposed that "each party had its own ideas of what should be meant by reasonable." Nothing came of all this palaver; which only meant that time was being wasted to no better purpose than to show that the two parties were "very wide, and so far from each other in [their] opinions as to discourage all hope of agreement." But this had long been evident. The lawyer of the proprietaries was then put forward. He was a "proud, angry man," with a "mortal enmity" toward Franklin; for the two had exchanged buffets more than once already, and the "proud angry man" had been hit hard. It had been his professional duty, as counsel for the Penns, to prepare many papers to be used by their governor in the course of their quarrels with the Assembly. It had usually fallen to Franklin's lot to draft the replies of the Assembly, and by Franklin's own admission these documents of his, like those which they answered, were "often tart and sometimes indecently abusive." Franklin now found his old antagonist so excited that it seemed best to refuse to have any direct dealings with him.

The proprietaries then put their interests in charge of Attorney-General Pratt, afterwards Lord Camden, and the Solicitor-General Charles Yorke, afterward lord chancellor. These legal luminaries consumed "a year, wanting eight days" before they were in a condition to impart light; and during that period Franklin could of course achieve nothing with the proprietaries. After all, the proprietaries ignored and insulted him, and made further delay by sending a message to the Assembly of Pennsylvania, wherein they complained of Franklin's "rudeness," and professed themselves "willing to accommodate matters," if a "person of candour" should be sent to treat with them. The only reply to their message came in the pointed and intelligible shape of an act "taxing the proprietary estate in common with the estates of the people." Much disturbed, the proprietaries now obtained a hearing before the king in council. They requested his majesty to set aside this tax act, and several other acts which had been passed within two years by the Assembly. Of these other acts some were repealed, according to the prayer of the proprietaries; but more were allowed to stand. These were, however, of comparatively little consequence; the overshadowing grievance for the Penns lay in this taxation of their property. Concerning this it was urged by their counsel that the proprietaries were held in such odium by the people that, if left to the popular "mercy in apportioning the taxes, they would be ruined." The other side, of course, vehemently denied that there was the slightest ground for such a suspicion.

In June, 1760, the board of trade rendered a report very unfavorable to the Assembly. Their language showed that they had been much affected by the appearance of popular encroachments, and by the allegations of an intention on the part of the colonists "to establish a democracy in place of his majesty's government." Their advice was to bring "the constitution back to its proper principles; to restore to the crown, in the person of the proprietaries, its just prerogative; to check the growing influence of assemblies, by distinguishing, what they are perpetually confounding, the executive from the legislative power." News of this alarming document reached Franklin just as he was about to start upon a trip through Ireland. It put an end to that pleasure; he had to set to work on the moment, with all the zeal and by all the means he could compass, to counteract this fulmination. Just how he achieved so difficult an end is not recorded; but it appears that he succeeded in securing a further hearing, in the progress of which Lord Mansfield "rose, and beckoning me, took me into the clerk's chambers, … and asked me, if I was really of opinion that no injury would be done to the proprietary estate in the execution of the act. I said: Certainly. 'Then,' says he, 'you can have little objection to enter into an engagement to assure that point.' I answered: None at all." Thereupon a paper of this purport, binding personally upon Franklin and upon Mr. Charles, the resident agent of the province, was drawn up, and was duly executed by them both; and on August 28 the lords filed an amended report, in which they said that the act taxing the proprietary estates upon a common basis with those of other owners was "fundamentally wrong and unjust and ought to be repealed, unless six certain amendments were made therein." These amendments were, in substance, the undertakings entered into in the bond of the colonial agents. Franklin soon afterward had occasion to review this whole business. He showed that of the six amendments, five were immaterial, since they only expressed with greater clearness the intent of the Assembly. He admitted that the sixth was of more consequence. It seems that £100,000 had been voted, appropriated, raised, and expended, chiefly for the defense of the colony. The manner of doing this was to issue paper money to this amount, to make it legal tender, and then to retire it by the proceeds of the tax levy. The proprietaries insisted that they could not be compelled to receive their rents in this money, and the lords now found for them. Franklin acknowledged that herein perhaps the lords were right and the Assembly wrong; but he added this scathing paragraph:—

"But if he cannot on these considerations quite excuse the Assembly, what will he think of those honourable proprietaries, who, when paper money was issued in their colony for the common defense of their vast estates with those of the people, could nevertheless wish to be exempted from their share of the unavoidable disadvantages. Is there upon earth a man besides, with any conception of what is honest, with any notion of honor, with the least tincture in his veins of the gentleman, but would have blushed at the thought, but would have rejected with disdain such undue preference, if it had been offered him? Much less would he have struggled for it, moved heaven and earth to obtain it, resolved to ruin thousands of his tenants by a repeal of the act, rather than miss of it, and enforce it afterwards by an audaciously wicked instruction, forbidding aids to his king, and exposing the province to destruction, unless it was complied with. And yet, these are honourable men!"

This was, however, altogether a subordinate issue. The struggle had really been conducted to determine whether the proprietary estate should be taxed like other estates, and the decision upheld such taxation. This was a complete triumph for the Assembly and their representative. "But let the proprietaries and their discreet deputies hereafter recollect and remember," said Franklin, "that the same august tribunal, which censured some of the modes and circumstances of that act, did at the same time establish and confirm the grand principle of the act, namely: 'That the proprietary estate ought, with other estates, to be taxed;' and thereby did, in effect, determine and pronounce that the opposition so long made in various shapes to that just principle, by the proprietaries, was 'fundamentally wrong and unjust!'"

It was a long while before the Assembly found leisure to attend to that engagement of their agents which stipulated for an investigation to see whether the proprietaries had not been unduly and excessively assessed. But at length, after having had the spur of reminder constantly applied to their laggard memories, they appointed a committee to inquire and report concerning the valuations made by the tax-gatherers.

This committee reported that—

"there has not been any injustice done to the proprietaries, or attempts made to rate or assess any part of their estates higher than the estates of the like kind belonging to the inhabitants are rated and assessed; but, on the contrary, … their estates are rated, in many instances, below others."

So the matter ended.

Franklin had been detained a little more than three years about this business. At its conclusion he anticipated a speedy return home; but he had to stay yet two years more to attend to sundry matters smaller in importance, but which were advanced almost as slowly. Partly such delay was because the aristocrats of the board of trade and the privy council had not the habits of business men, but consulted their own noble convenience in the transaction of affairs; and partly it was because procrastination was purposely employed by his opponents, who harassed him and blocked his path by every obstacle, direct and indirect, which they could put in his way. For they seemed to hope for some turn in affairs, some event, or some too rapid advance of the popular party in America, which should arouse the royal resentment against the colonists and so militate on their side. Delay was easily brought about by them. They had money, connections, influence, and that familiarity with men and ways which came from their residence in England; while Franklin, a stranger on an unpopular errand, representing before an aristocratic government a parcel of tradespeople and farmers who lived in a distant land and were charged with being both niggardly and disaffected, found that he could make only difficult and uncertain progress. He was like one who sails a race not only against hostile winds and tides, but also in strange waters where the shoals and rocks are unknown, and where invisible currents ceaselessly baffle his course. His lack of personal importance hampered him exasperatingly. Thus during his prolonged stay he repeatedly made every effort in his power to obtain an audience of William Pitt. But not even for once could he succeed. A provincial agent, engaged in a squabble about taxing proprietary lands, was too small a man upon too small a business to consume the precious time of the great prime minister, who was endeavoring to dominate the embroilments and intrigues of all Europe, to say nothing of the machinations of his opponents at home. So the subalterns of Mr. Pitt met Franklin, heard what he had to say, sifted it through the sieve of their own discretion, and bore to the ears of their principal only such compends as they thought worthy of attention.

But the vexation of almost endless delay had its alleviations, apparently much more than enough to offset it. Early in September, 1757, that is to say some five or six weeks after his landing, Franklin was taken very ill of an intermittent fever, which lasted for eight weeks. During his convalescence he wrote to his wife that the agreeable conversation of men of learning, and the notice taken of him by persons of distinction, soothed him under this painful absence from family and friends; yet these solaces would not hold him there another week, were it not for duty to his country and the hope of being able to do it service. But after the early homesickness wore off, a great attachment for England took its place. He found himself a man of note among scientists there, who gave him a ready welcome and showed a courteous and flattering recognition of his high distinction in their pursuits. Thence it was easy to penetrate into the neighboring circle of literature, wherein he made warm personal friends, such as Lord Kames, David Hume, Dr. Robertson, and others. From time to time he was a guest at many a pleasant country seat, and at the universities. He found plenty of leisure, too, for travel, and explored the United Kingdom very thoroughly. When he went to Edinburgh he was presented with the freedom of the city; and the University of St. Andrews conferred on him the degree of Doctor of Laws; later, Oxford did the same. He even had time for a trip into the Low Countries. As months and finally years slipped away, with just enough of occupation of a dignified character to save him from an annoying sense of idleness, with abundant opportunities for social pleasure, and with a very gratifying deference shown towards himself, Franklin, who liked society and did not dislike flattery, began to think the mother country no such bad place. For an intellectual and social career London certainly had advantages over Philadelphia. Mr. Strahan, the well-known publisher of those days, whom Franklin used affectionately to call Straney, became his close friend, and was very insistent with him that he should leave the provinces and take up a permanent residence in England. He baited his hook with an offer of his son in marriage with Franklin's daughter Sarah. He had never seen Sarah, but he seems to have taken it for granted that any child of her father must be matrimonially satisfactory. Franklin wrote home to his wife that the young man was eligible, and that there were abundant funds in the Strahan treasury, but that he did not suppose that she would be able to overcome her terror of the ocean voyage. Indeed, this timidity on the part of his wife was more than once put forward by him as if it were really the feather which turned the scale in the choice of his future residence.

Franklin himself also was trying his hand at match-making. He had taken a great fancy to a young lady by the name of Mary Stevenson, with whom, when distance prevented their meeting, he kept up a constant correspondence concerning points of physical science. He now became very pressing with his son William to wed this learned maiden; but the young man possibly did not hold a taste for science to be the most winning trait in woman; at any rate, having bestowed his affections elsewhere, he refused to transfer them. So Franklin was compelled to give up his scheme, though with an extreme reluctance, which he expressed to the rejected damsel with amusing openness. Had either of these matrimonial bonds been made fast, it is not improbable that Franklin would have lived out the rest of his life as a friend of the colonies in England. But his lot was otherwise cast; a second time he escaped, though narrowly, the prospect of dying an Englishman and the subject of a king. At the moment he was not altogether glad that matters worked thus. On August 17, 1762, he wrote from Portsmouth to Lord Kames:—

"I am now waiting here only for a wind to waft me to America; but cannot leave this happy island and my friends in it without extreme regret, though I am going to a country and a people that I love. I am going from the old world to the new; and I fancy I feel like those who are leaving this world for the next: grief at the parting; fear of the passage; hope of the future. These different passions all affect their minds at once; and these have tendered me down exceedingly."

And six days later, from the same place, he wrote to Strahan: "I cannot, I assure you, quit even this disagreeable place, without regret, as it carries me still farther from those I love, and from the opportunities of hearing of their welfare. The attraction of reason is at present for the other side of the water, but that of inclination will be for this side. You know which usually prevails. I shall probably make but this one vibration and settle here forever. Nothing will prevent it, if I can, as I hope I can, prevail with Mrs. F. to accompany me, especially if we have a peace." Apparently the Americans owe a great debt of gratitude to Mrs. Franklin's fearfulness of the untrustworthy Atlantic.

Before dismissing this stay of Franklin in England a word should be said concerning his efforts for the retention of Canada by the British, as spoils of war. The fall of Quebec, in the autumn of 1759, practically concluded the struggle in America. The French were utterly spent; they had no food, no money; they had fought with desperate courage and heroic self-devotion; they could honestly say that they had stood grimly in the last trench, and had been slaughtered there until the starved and shattered remnant could not find it in their exhausted human nature longer to conduct a contest so thoroughly finished. In Europe, France was hardly less completely beaten. At the same time the singular position of affairs existed that the triumphant conqueror was even more resolutely bent upon immediate peace than were the conquered. George III., newly come to the throne, set himself towards this end with all the obstinacy of his resolute nature. It became a question of terms, and eager was the discussion thereof. The colonies were profoundly interested, for a question sharply argued was: whether England should retain Guadaloupe or Canada. She had conquered both, but it seemed to be admitted that she must restore one. It was even then a comical bit of political mathematics to establish anything like an equation between the two, nor could it possibly have been done with reference to intrinsic values. It was all very well to dilate upon the sugar crop of the island, its trade, its fertility, its harborage. Every one knew that Canada could outweigh all these things fifty times over. But into the Guadaloupe scale was dropped a weighty consideration, which was clearly stated in an anonymous pamphlet attributed to William Burke. This writer said:—

"If the people of our colonies find no check from Canada, they will extend themselves almost without bound into the inland parts. They will increase infinitely from all causes. What the consequence will be, to have a numerous, hardy, independent people, possessed of a strong country, communicating little or not at all with England, I leave to your own reflections. By eagerly grasping at extensive territory we may run the risk, and in no very distant period, of losing what we now possess. A neighbor that keeps us in some awe is not always the worst of neighbors. So that, far from sacrificing Guadaloupe to Canada, perhaps, if we might have Canada without any sacrifice at all, we ought not to desire it. There should be a balance of power in America. … The islands, from their weakness, can never revolt; but, if we acquire all Canada, we shall soon find North America itself too powerful and too populous to be governed by us at a distance."

From many other quarters came the same warning predictions.[9]

Franklin watched the controversy with deep interest and no small anxiety. As the argument grew heated he could no longer hold his hand; he cast into the Canadian scale an able pamphlet, ingenuous in the main if not in all the details. It is not worth while to rehearse what he had to say upon mercantile points, or even concerning the future growth of a great American empire. What he had really to encounter was the argument that it was sound policy to leave Canada in possession of the French. Those who pretended to want Guadaloupe did not so much really want it as they did wish to have Canada remain French. To make good this latter point they had to show, first, that French ownership involved no serious danger to the English possessions; second, that it brought positive advantages. To the first proposition they said that the French had fully learned their lesson of inferiority, and that a few forts on the frontier would easily overawe the hostile Indians. To the second proposition, they elaborated the arguments of William Burke. Franklin replied that the war-parties of braves would easily pass by the forts in the forests, and after burning, pillaging, murdering, and scalping, would equally easily and safely return. Nothing save a Chinese wall the whole length of the western frontier would suffice for protection against savages. Then, with one of those happy illustrations of which he was a master, he said: "In short, long experience has taught our planters that they cannot rely upon forts as a security against Indians; the inhabitants of Hackney might as well rely upon the Tower of London, to secure them against highwaymen and house-breakers." The admirable simile could neither be answered nor forgotten.

Concerning the positive desirability of leaving the French as masters of Canada to "check" the growth of the colonies, Franklin indignantly exclaimed: "It is a modest word, this 'check' for massacring men, women, and children!" If Canada is to be "restored on this principle, … will not this be telling the French in plain terms, that the horrid barbarisms they perpetrate with Indians on our colonists are agreeable to us; and that they need not apprehend the resentment of a government with whose views they so happily concur." But he had the audacity to say that he was abundantly certain that the mother country could never have any occasion to dread the power of the colonies. He said:—

"I shall next consider the other supposition, that their growth may render them dangerous. Of this, I own, I have not the least conception, when I consider that we have already fourteen separate governments on the maritime coast of the continent; and, if we extend our settlements, shall probably have as many more behind them on the inland side." By reason of the different governors, laws, interests, religions, and manners of these, "their jealousy of each other is so great, that, however necessary a union of the colonies has long been, for their common defence and security against their enemies, and how sensible soever each colony has been of that necessity, yet they have never been able to effect such a union among themselves, nor even to agree in requesting the mother country to establish it for them." If they could not unite for self-defence against the French and the murderous savages, "can it reasonably be supposed there is any danger of their uniting against their own nation, which protects and encourages them, with which they have so many connexions and ties of blood, interest, and affection, and which, it is well known, they all love much more than they love one another?

"In short there are so many causes that must operate to prevent it, that I will venture to say a union amongst them for such a purpose is not merely improbable, it is impossible. And if the union of the whole is impossible, the attempt of a part must be madness. … When I say such a union is impossible, I mean without the most grievous tyranny and oppression. … The waves do not rise but when the winds blow. … What such an administration as the Duke of Alva's in the Netherlands might produce, I know not; but this, I think, I have a right to deem impossible."

We read these words, even subject to the mild saving of the final sentences, with some bewilderment. Did their shrewd and well-informed writer believe what he said? Was he casting this political horoscope in good faith? Or was he only uttering a prophecy which he desired, if possible, and for his own purposes to induce others to believe? If he was in earnest, Attorney-General Pratt was a better astrologer. "For all what you Americans say of your loyalty," he said to Franklin, "and notwithstanding your boasted affection, you will one day set up for independence." "No such idea," said Franklin, "is entertained by the Americans, or ever will be, unless you grossly abuse them." "Very true," said Pratt; "that I see will happen, and will produce the event."[10] Choiseul, the able French minister, expressed his wonder that the "great Pitt should be so attached to the acquisition of Canada," which, being in the hands of France, would keep the "colonies in that dependence which they will not fail to shake off the moment Canada shall be ceded."[11] Vergennes saw the same thing not less clearly; and so did many another.

If Franklin was really unable to foresee in this business those occurrences which others predicted with such confidence, at least he showed a grand conception of the future, and his vision took in more distant and greater facts and larger truths of statesmanship than were compassed by the British ministers. Witness what he wrote to Lord Kames:—

"I have long been of opinion that the foundations of the future grandeur and stability of the British empire lie in America. … I am therefore by no means for restoring Canada. If we keep it, all the country from the St. Lawrence to the Mississippi will in another century be filled with British people. Britain itself will become vastly more populous by the immense increase to its commerce; the Atlantic sea will be covered with your trading ships; and your naval power, thence continually increasing, will extend your influence round the whole globe, and awe the world."

Whatever regret Franklin may have felt at not being able to remain in England was probably greatly mitigated if not entirely dissipated by the cordial reception which he met with at home. On December 2, 1762, he wrote to Strahan that the reports of the diminution of his friends were all false; that ever since his arrival his house had been full of a succession of them from morning till night, congratulating him on his return. The Assembly honored him with a vote of thanks, and also voted him £3000 towards defraying his expenses. It was, of course, much less than he had expended during an absence of nearly six years; but it seems that he considered that, since much of his time had been passed in the enjoyment of an agreeable leisure, he should bear a corresponding part of the expense. While on the sea he had been chosen unanimously, as indeed had been done in each year of his absence, a member of that body; and he was told that, if he had not got so privately into town, he should have been met by an escort of 500 horsemen. All this must have been very gratifying.

A different kind of tribute, somewhat indirect, but none the less intelligible, was at the same time paid to him by the British government. In the autumn of 1762 his illegitimate son, William Franklin, was appointed governor of New Jersey. This act created a great storm of wrath from some of the provincial aristocratic party, and was vehemently railed at as an "indignity," a "dishonor and disgrace," an "insult." After all, it failed of its obvious purpose. The government shot brought down the wrong bird, common carrion, while the one aimed at never swerved in the slightest from his course. William, whom no one cared for in the least, became a confirmed royalist, and ultimately, as a Tory refugee, for years continued to absorb a pension for which he could return no adequate consideration. So far as Benjamin Franklin was concerned, he was at first much pleased; but his political views and course were not in the slightest degree affected. On the contrary, as the scheme developed, and the influence on the younger man became apparent, the final result was an alienation between father and son, which was only partially healed so late as 1784, just before the former returned from Europe for the last time.

Benjamin Franklin

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