The Governor put me into the commission of the peace; the corporation of the city chose me of the common council, and soon after an alderman; and the citizens at large chose me a burgess to represent them in a.s.sembly.[10]
His legislative seat was all the more agreeable to him because he had grown tired as clerk of listening to debates in which he could take no part, and which were frequently so lifeless that for very weariness he had to amuse himself with drawing magic squares or circles, or what not, as he sat at his desk. The office of justice of the peace he withdrew from by degrees, when he found that, to fill it with credit, more knowledge of the common law was requisite than he possessed, and, in this connection, the belief maybe hazarded that his influence in Congress and the Federal Convention of 1787 would have been still greater, if he had been a better lawyer, and, therefore, more competent to cope in debate with contemporaries fitter than he was to discuss questions which, true to the time-honored Anglo-Saxon traditions, turned largely upon the provisions of charters and statutes.
That he was lacking in fluency of speech we have, as we have seen, his own admission--a species of evidence, however, by no means conclusive in the case of a man so little given to self-praise as he was. But there is testimony to convince us that, as a debater, Franklin was, at least, not deficient in the best characteristic of a good debater, that of placing the accent upon the truly vital points of his case.
I served [declares Jefferson] with General Washington in the legislature of Virginia, before the revolution, and, during it, with Dr. Franklin in Congress. I never heard either of them speak ten minutes at a time, nor to any but the main point, which was to decide the question. They laid their shoulders to the great points, knowing that the little ones would follow of themselves.
What John Adams has to say about Franklin as a legislator is manifestly the offspring of mere self-love. After taking a view of his own legislative activity through the highly magnifying lens, which he brought to bear upon everything relating to himself, he pictures Franklin in Congress as "from day to day, sitting in silence, a great part of his time fast asleep in his chair."
But whatever were the demerits of Franklin as a speaker, his influence was very great in every legislative a.s.sembly in which he ever sat. To begin with, he had the kind of eloquence that gives point to his own saying, "Whose life lightens, his words thunder." Commenting in the latter part of his career to Lord Fitzmaurice upon the stress laid by Demosthenes upon action as the point of first importance in oratory, he said that he
thought another kind of action of more importance to an orator, who would persuade people to follow his advice, viz. such a course of action in the conduct of life, as would impress them with an opinion of his integrity as well as of his understanding; that, this opinion once established, all the difficulties, delays, and oppositions, usually occasioned by doubts and suspicions, were prevented; and such a man, though a very imperfect speaker, would almost always carry his points against the most flourishing orator, who had not the character of sincerity.
In the next place, Franklin"s rare knowledge and wisdom made him an invaluable counsellor for any deliberative gathering. He was the protagonist in the Pennsylvania a.s.sembly of the Popular Party, in its contest with the Proprietary Party, and was for a brief time its Speaker.
As soon as he returned from Europe, at the beginning of the Revolution, he was thrice honored by being elected to the Continental Congress, the Pennsylvania a.s.sembly, and the Convention to frame a const.i.tution for Pennsylvania. Besides appointing him Postmaster-General, Congress placed him upon many of its most important committees; the a.s.sembly made him Chairman of its Committee of Safety, a post equivalent, for all practical purposes, to the executive headship of the Province; and the Convention made him its President. It is safe to say that, had there not been a Washington, even his extreme old age and physical infirmities would not have kept him from being the presiding officer of the Federal Convention of 1787 and the first President of the United States. The intellect of Franklin was too solid to be easily imposed upon by mere glibness of speech. "Here comes the orator, with his flood of words and his drop of reason," remarks Poor Richard. Equally pointed is that other saying of his, "The worst wheel of the cart makes the most noise." But Franklin was fully alive to the splendid significance of human eloquence, when enlisted in the service of high-minded and far-seeing statesmanship. Speaking in a letter to Lord Stanhope of Lord Chatham"s speech in support of his motion for the removal of the King"s troops from Boston, he said, "Dr. F. is fill"d with admiration of that truly great Man. He has seen, in the course of Life, sometimes Eloquence without Wisdom, and often Wisdom without Eloquence; in the present Instance he sees both united; and both, as he thinks, in the highest Degree possible."
When Franklin took his seat in the a.s.sembly, William Franklin was elected its clerk in his place; for heredity as well as consanguinity was a feature of the Franklin system of patronage. Once elected to the a.s.sembly, he acquired a degree of popularity and influence that rendered his re-election for many years almost a matter of course. "My election to this trust," he says in the _Autobiography_, "was repeated every year for ten years, without my ever asking any elector for his vote, or signifying, either directly or indirectly, any desire of being chosen." So eager were his const.i.tuents to confer the honor upon him that they kept on conferring it upon him year after year, even when he was abroad.[11] He proved himself eminently worthy of this confidence. By nature and training, he was a true democrat, profoundly conservative at the core, but keenly sensitive to every rational and wholesome appeal to his liberal or generous instincts.
He loved law and order, stable inst.i.tutions, and settled forms and tendencies, rooted in the soil of transmitted wisdom and experience. He was too much of an Englishman to have any sympathy with hasty changes or rash innovations. Much as he loved France he could never have been drawn into such a delirious outburst as the French Revolution. He loved liberty as Hampden loved it, as Chatham loved it, as Gladstone loved it. John Wilkes, though in some respects an ign.o.ble, was in other respects an indubitable champion of English freedom; yet Franklin utterly failed to see in him even a case for the application of his reminder to his daughter that sweet and clear waters come through very dirty earth. His happy nature and his faith in individual thrift sometimes made him slow to believe that ma.s.ses of men had as much cause for political discontent as they claimed, and for such mob violence, as attended the career of Wilkes, of whom he speaks in one of his letters to his son as "an outlaw and an exile, of bad personal character, not worth a farthing," it was impossible for his deep-seated respect for law and order to have any toleration; though he did express on one occasion the remarkable conviction that, if George the Third had had a bad private character, and John Wilkes a good one, the latter might have turned the former out of his kingdom.
It is certain, however, that few men have ever detested more strongly than he did the baseness and meanness of arbitrary power. And he had little patience at the same time with conditions of any sort that rested upon mere precedent, or prescription. He welcomed every new triumph of science over inert matter, every fresh victory of truth over superst.i.tion, bigotry, or the unseeing eye, every salutary reform that vindicated the fitness of the human race for its destiny of unceasing self-advancement. His underlying instincts were firmly fixed in the ground, but his sympathies reached out on every side into the free air of expanding human hopes and aspirations.
In his faith in the residuary wisdom and virtue of the ma.s.s of men, he is more like Jefferson than any of his Revolutionary compeers. "The People seldom continue long in the wrong, when it is n.o.body"s Interest to mislead them," he wrote to Abel James. The tribute, it must be confessed, is a rather equivocal one, as it is always somebody"s interest to mislead the People, but the sanguine spirit of the observation pervades all his relations to popular caprice or resentment. Less equivocal was his statement to Galloway: "The People do not indeed always see their Friends in the same favourable Light; they are sometimes mistaken, and sometimes misled; but sooner or later they come right again, and redouble their former Affection." Few were the public men of his age who looked otherwise than askance at universal suffrage, but he was not one of them.
Liberty, or freedom [he declared in his _Some Good Whig Principles_], consists in having _an actual share_ in the appointment of those who frame the laws, and who are to be the guardians of every man"s life, property, and peace; for the _all_ of one man is as dear to him as the _all_ of another; and the poor man has an _equal_ right, but _more_ need, to have representatives in the legislature than the rich one.
For similar reasons he was opposed to entails, and favored the application of the just and equal law of gavelkind to the division of intestate estates.
It was impossible for such a man as this not to ally himself with the popular cause, when he became a member of the Pennsylvania a.s.sembly. At that time, the Proprietary Government of Pennsylvania had proved as odious to the people of the Province as the proprietary governments of South Carolina and the Jerseys had proved to the people of those Colonies. Almost from the time of the original settlement, the relations between the a.s.sembly and the Penns had been attended by mutual bickerings and reproaches. First William Penn had scolded the a.s.sembly in a high key, then his sons; and, in resolution after resolution, the a.s.sembly had, in true British fashion, stubbornly a.s.serted the liberties and privileges of their const.i.tuents, and given the Proprietary Government, under thinly veiled forms of parliamentary deference, a Roland for its every Oliver. The truth was that a Proprietary Government, uniting as it did governmental functions, dependent for their successful exercise upon the popular faith in the disinterestedness of those who exercised them, with the selfish concerns of a landlord incessantly at loggerheads with his vendees and tenants over purchase money and quitrents, was utterly incompatible with the dignity of real political rule,[12] and hopelessly repugnant to the free English spirit of the Pennsylvanians. Under such circ.u.mstances, there could be no such thing as a true commonwealth; nor anything much better than a feudal fief. Political sovereignty lost its aspect of detachment and legitimate authority in the eyes of the governed, and wore the appearance of a mere organization for the transaction of private business. Almost as a matter of course, the Proprietaries came to think and speak of the Province as if it were as much their personal property as one of their household chattels, refusing, as Franklin said, to give their a.s.sent to laws, unless some private advantage was obtained, some profit got or unequal exemption gained for their estate, or some privilege wrested from the people; and almost, as a matter of course, the disaffected people of the Province sullenly resented a situation so galling to their pride and self-respect.
Franklin saw all this with his usual clearness. After conceding in his _Cool Thoughts_ that it was not unlikely that there were faults on both sides, "every glowing Coal being apt to inflame its Opposite," he expressed the opinion that the cause of the contentions was
radical, interwoven in the Const.i.tution, and so become of the very Nature, of Proprietary Governments. And [he added] as some Physicians say, every Animal Body brings into the World among its original Stamina the Seeds of that Disease that shall finally produce its Dissolution; so the Political Body of a Proprietary Government, contains those convulsive Principles that will at length destroy it.
The Proprietary Government of Pennsylvania was bad enough in principle; it was made still worse by the unjust and greedy manner in which it was administered by Thomas and Richard Penn, who were the Proprietaries, when Franklin became a member of the a.s.sembly. The vast estate of William Penn in Pennsylvania, consisting of some twenty-six million acres of land, held subject to the nominal obligation of the owner to pay to the King one fifth of such gold and silver as the Province might yield, descended upon the death of Penn to his sons John, Thomas and Richard, in the proportion of one half to John, as the eldest son, and in the proportion of one fourth each to Thomas and Richard. John died in 1746, after devising his one half share to Thomas; thus making Thomas the owner of three out of the four shares.[13] The political powers of the Proprietaries were exercised by a deputy-governor whose position was in the highest degree vexatious and perplexing. He held his office by appointment of the Proprietaries, who resided in England, and the mode in which he was to discharge his duties was prescribed by rigid "instructions," issued to him by them. His salary, however, was derived from the a.s.sembly, which was rarely at peace with the Proprietary Government. If he obeyed his instructions, he ran the risk of losing his salary; if he disobeyed them, he was certain to lose his place.
Incredible as it may now seem, the main duty imposed upon him by his instructions was that of vetoing every tax bill enacted by the a.s.sembly which did not expressly exempt all the located, unimproved and unoccupied lands of the Proprietaries, and all the quitrents, fines and purchase money out at interest, to which they were ent.i.tled, that is to say, the greater part of their immense estate. This was the axis about which the bitter controversy between the Popular and Proprietary parties, in which Franklin acquired his political training and reputation, revolved like one of the lurid waterspouts with which a letter that his correspondent John Perkins received from him has been ill.u.s.trated. The a.s.sembly insisted that they should not be required to vote money for the support of the Proprietary Government, unless the proprietary estate bore its proper share of the common burden. The Governor did not dare to violate his instructions for fear of being removed by his masters, and of being sued besides on the bond by which he had bound himself not to violate them. At times, the feud was so intense and absorbing, that, like a pair of gamec.o.c.ks, too intent on their own deadly encounter to hear an approaching footstep, the combatants almost lost sight of the fact that, under the shelter of their dissensions, the Indian was converting the frontiers of Pennsylvania into a charred and blood-stained wilderness. Occasionally the a.s.sembly had to yield the point with a reservation a.s.serting that its action was not to be taken as a precedent, and once, when England as well as America was feeling the shock of Braddock"s defeat, the pressure of public opinion in England was sufficient to coerce the Proprietaries into adding five thousand pounds to the sum appropriated by the a.s.sembly for the defence of the Province. But, as a general thing, there was little disposition on either side to compromise. The sharpness of the issue was well ill.u.s.trated in the bill tendered by the a.s.sembly to Governor Morris for his signature after Braddock"s defeat. Both before, and immediately after that catastrophe, he had, in reliance upon the critical condition of the public safety, endeavored to drive the a.s.sembly into providing for the defence of the Province without calling upon the proprietary estate for a contribution.
The bill in question declared "that all estates, real and personal, were to be taxed, those of the proprietaries _not_ excepted." "His amendment," says Franklin in his brief way, "was, for _not_ read _only_; a small, but very material alteration."[14]
This dependence of the Governor upon the a.s.sembly for his salary and the dependence of the a.s.sembly upon the Governor for the approval of its enactments brought about a traffic in legislation between them which was one of the most disgraceful features of the Proprietary regime; though it became so customary that even the most honorable Governor did not scruple to engage in it. This traffic is thus described by Franklin in his stirring "Preface to the Speech of Joseph Galloway, Esq.":
Ever since the Revenue of the Quit-rents first, and after that the Revenue of Tavern-Licenses, were settled irrevocably on our Proprietaries and Governors, they have look"d on those Incomes as their proper Estate, for which they were under no Obligations to the People: And when they afterwards concurr"d in pa.s.sing any useful Laws, they considered them as so many Jobbs, for which they ought to be particularly paid. Hence arose the Custom of Presents twice a Year to the Governors, at the close of each Session in which Laws were past, given at the Time of Pa.s.sing. They usually amounted to a Thousand Pounds per Annum. But when the Governors and a.s.semblies disagreed, so that Laws were not pa.s.s"d, the Presents were withheld. When a Disposition to agree ensu"d, there sometimes still remain"d some Diffidence.
The Governors would not pa.s.s the Laws that were wanted, without being sure of the Money, even all that they call"d their Arrears; nor the a.s.semblies give the Money without being sure of the Laws. Thence the Necessity of some private Conference, in which mutual a.s.surances of good Faith might be receiv"d and given, that the Transactions should go hand in hand.
This system of barter prevailed even before Franklin became a member of the a.s.sembly, and how fixed and ceremonious its forms sometimes were we can infer from what happened on one of the semi-annual market days during Governor Thomas" administration. Various bills were lying dormant in his hands. Accordingly the House ordered two of its members to call upon him and acquaint him that it had long "waited for his Result" on these bills, and desired to know when they might expect it. They returned and reported that the Governor was pleased to say that he had had the bills long under consideration, and "_waited the Result_" of the House. Then, after the House had resolved itself into a committee of the whole, for the purpose of taking the "Governor"s support" into consideration, there was a further interchange of communications between the House and the Governor; the former reporting "some progress" to the Governor, and the Governor replying that, as he had received a.s.surances of a "_good disposition_," on the part of the House, he thought it inc.u.mbent upon him to show _the like_ on his part by sending down the bills, which lay before him, without any amendment. The manifestation of a good disposition was not the same thing as an actual promise to approve the bills; so the wary a.s.sembly simply resolved that, on the pa.s.sage of such bills as then lay before the Governor, and of the Naturalization Bill, and such other bills as might be presented to him during the pending session, there should be paid to him the sum of five hundred pounds; and that, on the pa.s.sage of the same bills, there should be paid to him the further sum of one thousand pounds for the current year"s support. Agreeably with this resolution, orders were drawn on the Treasurer and Trustees of the Loan-Office, and, when the Governor was informed of the fact, he appointed a time for pa.s.sing the bills which was done with one hand, while he received the orders in the other.
Thereupon with the utmost politeness he thanked the House for the fifteen hundred pounds as if it had been a free gift, and a mere mark of respect and affection. "_I thank you_, Gentlemen," he said, "for this _Instance_ of _your Regard_; which I am the more pleased with, as it gives an agreeable Prospect of _future Harmony_ between me and the Representatives of the People."
Despicably enough, while this treaty was pending, the Penns had a written understanding with the Governor, secured by his bond, that they were to receive a share of all money thus obtained from the people whom they sought to load with the entire weight of taxation. Indeed, emboldened as Franklin said by the declining sense of shame, that always follows frequent repet.i.tions of sinning, they later in Governor Denny"s time had the effrontery to claim openly, in a written reply to a communication from the a.s.sembly, with respect to their refusal to bear any part of the expenses entailed on the Province by the Indians, that the excess of these donatives over and above the salary of the Governor should belong to them. By the Const.i.tution, they said, their consent was essential to the validity of the laws enacted by the People, and it would tend the better to facilitate the several matters, which had to be transacted with them, for the representatives of the People to show a regard to them and their interest.
The a.s.sembly hotly replied that they hoped that they would always be able to obtain needful laws from the goodness of their sovereign without going to the market for them to a subject. But the hope was a vain one, and to that market, directly or indirectly, the People of Pennsylvania still had to go, for some time to come. To use Franklin"s language, there was no other market that they could go to for the commodity that they wanted.
Do not, my courteous Reader [he exclaims with fine scorn in the "Preface to the Speech of Joseph Galloway, Esq."] take Pet at our Proprietary Const.i.tution, for these our Bargain and Sale Proceedings in Legislation.
"Tis a happy Country where Justice, and what was your own before, can be had for Ready Money. "Tis another Addition to the Value of Money, and of Course another Spur to Industry. Every Land is not so bless"d. There are Countries where the princely Proprietor claims to be Lord of all Property; where what is your own shall not only be wrested from you, but the Money you give to have it restor"d, shall be kept with it, and your offering so much, being a Sign of your being too Rich, you shall be plunder"d of every Thing that remain"d.
These Times are not come here yet: Your present Proprietors have never been more unreasonable hitherto, than barely to insist on your Fighting in Defence of their Property, and paying the Expences yourselves; or if their estates must, (ah! _must_) be tax"d towards it, that the _best_ of their Lands shall be tax"d no higher than the _worst_ of yours.
Governor Hamilton, who succeeded Governor Thomas, so far departed from the vicious practice of buying and selling laws as to sign them without prepayment, but, when he observed that the a.s.sembly was tardy in making payment, and yet asked him to give his a.s.sent to additional laws, before prior ones had been paid for, he stated his belief to it that as many useful laws had been enacted by him as by any of his predecessors in the same s.p.a.ce of time, and added that, nevertheless, he had not understood that any allowance had been made to him for his support, as had been customary in the Province. The hint proved effective, the money was paid and the bills were approved.
From the time that Franklin became a member of the a.s.sembly until the time that the minor controversy between the Proprietary Party and the Popular Party in Pennsylvania was obscured by the larger controversy between the Crown and all the American Colonies, he was engaged in an almost uninterrupted struggle with the Proprietaries, first, for the annulment of their claim to exemption from taxation, and, secondly, for the displacement of their government by a Royal Government. If there was ever an interlude in this struggle, it was only because, in devising measures for the defence of the Province, a Proprietary Governor found it necessary, at some trying conjuncture, to rely upon the management of Franklin to quiet the Quakers, who const.i.tuted a majority of the a.s.sembly and detested both war and the Proprietaries, or upon the general abilities and popularity of Franklin to strengthen his own feeble counsels. If there was any political tranquillity in the Province during this time, it was, to employ one of Franklin"s own comparisons, only such tranquillity as exists in a naval engagement between two broadsides. On the one hand were ranged the official partisans and dependents of the Proprietary Government and other adherents of the kind, whose allegiance is likely to be won by the social prestige and political patronage of executive authority. To this faction, in the latter stages of the conflict, was added a large body of Presbyterians whose sectarian sympathies had been excited by the Scotch-Irish uprising against the Indians, of which we have previously spoken. On the other hand were ranged the Quakers, upon whom the burden of resisting the Proprietary encroachments upon the popular rights had mainly rested from the origin of the Province, and middle-cla.s.s elements of the population whose views and sympathies were not highly colored by any special influences. The task of preparing resolutions, addresses and remonstrances, voicing the popular criticism of the Proprietaries, was mainly committed to Franklin by the a.s.sembly. It was with him, too, as the ablest and most influential representative of the popular interest that the various Proprietary Governors usually dealt.
We first find him high in favor with Governor Thomas and his Council at the time of the a.s.sociation because of his activity, when still only Clerk of the a.s.sembly, in providing for the defence of the Province and arousing a martial spirit in its people. This was the period when the Quaker found it necessary to help his conscience out a little with his wit, and when Franklin made good use of the principle that men will countenance many things with their backs that they will not countenance with their faces.
The Quaker majority in the a.s.sembly did not relish his intimacy at this time with the members of the Council who had so often trod on their punctilio about military expenditures, and it might have been pleased, he conjectured, if he had voluntarily resigned his clerkship; "but," he declares in the _Autobiography_, "they did not care to displace me on account merely of my zeal for the a.s.sociation, and they could not well give another reason."
Governor Hamilton became so sick of the broils, in which he was involved by the Proprietary instructions, that he resigned. His successor was the Governor Morris whose father loved disputation so much that he encouraged his children to practise it when he was digesting his dinner. Franklin met him at New York when he was on his way to Boston, and Morris was on his way to Philadelphia to enter upon his duties as Governor. So ready for a war of words was the new Governor that, when Franklin returned from Boston to Philadelphia, he and the House had already come to blows, and the conflict never ceased as long as he remained Governor. In the conflict, Franklin was his chief antagonist. Whenever a speech or message of the Governor was to be answered, he was made a member of the Committee appointed to answer it, and by such committees he was invariably selected to draft the answer.
"Our answers," he says, "as well as his messages, were often tart, and sometimes indecently abusive." But the Governor was at heart an amiable man, and Franklin, resolute as he was, when his teeth were fairly set, had no black blood in his veins. Though one might have imagined, he says, that he and the Governor could not meet without cutting throats, so little personal ill-will arose between them that they even often dined together.
One afternoon [he tells us in the _Autobiography_] in the height of this public quarrel, we met in the street. "Franklin," says he, "you must go home with me and spend the evening; I am to have some company that you will like"; and, taking me by the arm, he led me to his house. In gay conversation over our wine, after supper, he told us, jokingly, that he much admir"d the idea of Sancho Panza, who, when it was proposed to give him a government, requested it might be a government of _blacks_, as then, if he could not agree with his people, he might sell them. One of his friends, who sat next to me, says, "Franklin, why do you continue to side with these d.a.m.n"d Quakers? Had you not better sell them? The Proprietor would give you a good price." "The Governor," says I, "has not yet _blacked_ them enough."
He, indeed, had laboured hard to blacken the a.s.sembly in all his messages, but they wip"d off his colouring as fast as he laid it on, and plac"d it, in return, thick upon his own face; so that, finding he was likely to be negrofied himself, he, as well as Mr. Hamilton, grew tir"d of the contest, and quitted the Government.
All these disputes originated in the instructions given by the Proprietaries to their Governors not to approve any tax measure enacted by the a.s.sembly that did not expressly exempt their estates; conduct which Franklin justly terms in the _Autobiography_ "incredible meanness."
The ability of Governor Morris to keep on good terms with Franklin in spite of the perpetual wrangling between the a.s.sembly and himself Franklin sometimes thought was due to the fact that the Governor was bred a lawyer and regarded him as simply the advocate of the a.s.sembly and himself as simply the advocate of the Proprietaries. However this was, he sometimes called upon Franklin in a friendly way to advise with him on different points; and occasionally, though not often, Franklin tells us, took his advice. But when the miserable fugitives, who escaped from the _Aceldama_ on the Monongahela, brought back to the settlements their awful tale of carnage and horror, and Dunbar and his rout were cravenly seeking the protection of those whom they should have protected, Governor Morris was only too glad to consult, and take the advice of, the strongest man on the American Continent, except the gallant Virginian, young in years, but from early responsibilities and hardships, as well as native wisdom and intrepidity, endowed with a calm judgment and tempered courage far beyond his years, whom Providence almost seemed to have taken under its direct guardianship for its future purposes on the day that Braddock fell. Later, when it appeared as if the Indians would carry desolation and death into the very bowels of Pennsylvania, the Governor was equally glad to place Franklin in charge of its Northwestern Frontier, and to thrust blank military commissions into his hands to be filled up by him as he pleased.
And later still, when the desire of the Governor to consult with Franklin about the proper measures for preventing the desertion of the back counties of Pennsylvania had brought the latter home from the Northwestern Frontier, the Governor did not hesitate, in planning an expedition against Fort Duquesne, to offer Franklin a commission as general. If Franklin had accepted the offer, we are justified, we think, in a.s.suming that he would have won at least as high a degree of credit as that which he accorded to Shirley. "For tho" Shirley," he tells us in the _Autobiography_, "was not a bred soldier, he was sensible and sagacious in himself, and attentive to good advice from others, capable of forming judicious plans, and quick and active in carrying them into execution." No mean summary of the military virtues of Franklin himself as a citizen soldier. But Franklin knew the limitations of his training too well to be allured by such a deceitful honor. There were few civil tasks to which he was not equal, but, when it came to being a military commander, he had the good sense to make an admission like that which Shirley made to him. When a banquet was given to Lord Loudon by the city of New York, Shirley was present, though the occasion was due to the fact that the command previously held by him had just been transferred to Loudon. Franklin noticed that he was sitting in a very low seat. "They have given you, sir, too low a seat," he said. "No matter, Mr. Franklin," replied Shirley, "I find _a low seat_ the easiest."
When Governor Morris saw that, disputatious as he was, he was no match in that respect for the a.s.sembly, he was succeeded by Governor Denny, who brought over with him from England the gold medal awarded by the Royal Society to Franklin for his electrical discoveries. This honor as well as the political experience of his predecessors was calculated to impress upon the Governor the importance of being on good terms with Franklin. At all events, when the medal was delivered by him to Franklin at a public dinner given to himself, after his arrival at Philadelphia, he added to the gift some very polite expressions of his esteem, and a.s.sured Franklin that he had long known him by reputation. After dinner, he left the diners with their wine, and took Franklin aside into another room, and told him that he had been advised by his friends in England to cultivate a friendship with him as the man who was best able to give him good advice, and to make his task easy. Much also was said by the Governor about the good disposition of the Proprietary towards the Province and the advantage that it would be to everyone and to Franklin particularly if the long opposition to the Proprietary was abandoned, and harmony between him and the people restored.
No one, said the Governor, could be more serviceable in bringing this about than Franklin himself, who might depend upon his services being duly acknowledged and recompensed. "The drinkers," the _Autobiography_ goes on, "finding we did not return immediately to the table, sent us a decanter of Madeira, which the Governor made liberal use of, and in proportion became more profuse of his solicitations and promises."
To these overtures Franklin replied in a proper strain of mingled independence and good feeling, and concluded by expressing the hope that the Governor had not brought with him the same unfortunate instructions as his predecessors. The only answer that the Governor ever gave to this inquiry was given when he settled down to the duties of his office. It then became plain enough that he was under exactly the same instructions as his predecessors; the old ulcer broke out afresh, and Franklin"s pen was soon again prodding Proprietary selfishness. But through it all he contrived to maintain the same relations of personal amity with Governor Denny that he had maintained with Governor Morris. "Between us personally," he says, "no enmity arose; we were often together; he was a man of letters, had seen much of the world, and was very entertaining and pleasing in conversation."
But the situation, so far as the Province was concerned, was too grievous to be longer borne without an appeal for relief to the Crown. The a.s.sembly had enacted a bill, appropriating the sum of sixty thousand pounds for the King"s use, ten thousand pounds of which were to be expended on Lord Loudon"s orders, and the Governor, in compliance with his instructions, had refused to give it his approval. This brought things to a head, the House resolved to pet.i.tion the King to override the instructions and Franklin was appointed its agent to go over to England and present the pet.i.tion. His pa.s.sage was engaged, his sea-stores were actually all on board, when Lord Loudon himself came over to Philadelphia for the express purpose of bringing about an accommodation between the jarring interests. The Governor and Franklin met him at his request, and opened their minds fully to him; Franklin revamping all the old popular arguments, so often urged by him, and the Governor pleading his instructions, the bond that he had given and the ruin that awaited him if he disregarded it. "Yet," says Franklin, "seemed not unwilling to hazard himself if Lord Loudon would advise it."
This his Lordship did not choose to do, though Franklin once thought that he had nearly prevailed on him to do it; and finally he entreated Franklin to use his influence with the a.s.sembly to induce it to yield, promising, if it did, to employ unsparingly the King"s troops for the defence of the frontiers of Pennsylvania, but stating that, if it did not, those frontiers must remain exposed to hostile incursion. The result was that the packet, in which Franklin engaged pa.s.sage, sailed off with his sea-stores, while the parties were palavering, and the a.s.sembly, after entering a formal protest against the duress, under which it gave way, abandoned its bill, and enacted another with the hateful exemption in it which was promptly approved by the Governor.
Franklin was now free to embark upon his voyage, whenever he could find a ship ready to sail, but, unfortunately for him, all the packets by which he could sail were at the beck of Lord Loudon, who was the most vacillating of human beings. When Franklin, before leaving Philadelphia, inquired of him the precise time at which a packet boat, that he said would be off soon, would sail, he replied: "I have given out that she is to sail on Sat.u.r.day next; but I may let you know, _entre nous_, that if you are there by Monday morning, you will be in time, but do not delay longer." Because of detention at a ferry, Franklin did not reach New York before noon on Monday, but he was relieved, when he arrived, to be told that the packet would not sail until the next day. This was about the beginning of April.
In point of fact, it was near the end of June when it got off. At the time of Franklin"s arrival in New York, it was one of the two packets, that were being kept waiting in port for the dispatches, upon which his Lordship appeared to be always engaged. While thus held up, another packet arrived only to be placed under the same embargo. Each had a list of impatient pa.s.sengers, and many letters and orders for insurance against war risks from American merchants, but, day after day, his Lordship, entirely unmindful of the impatience and anxiety that he was creating, sat continually at his desk, writing his interminable dispatches. Calling one morning to pay his respects, Franklin found in his ante-chamber Innis, a Philadelphia messenger, who had brought on a batch of letters to his Lordship from Governor Denny, and who told Franklin that he was to call the next day for his Lordship"s answer to the Governor, and would then set off for Philadelphia at once. On the strength of this a.s.surance, Franklin the same day placed some letters of his own for delivery in that city in Innis"
hands. A fortnight afterwards, he met the messenger in the same ante-chamber. "So, you are soon return"d, Innis" he said. "_Return"d!_"
replied Innis, "No, I am not _gone_ yet." "How so?" "I have called here by order every morning these two weeks past for his lordship"s letter, and it is not yet ready." "Is it possible, when he is so great a writer? for I see him constantly at his escritoire." "Yes," says Innis, "but he is like St.
George on the signs, _always on horseback, and never rides on_." Indeed, so purely rotatory was all his Lordship"s epistolary energy, unremitting as it seemed to be, that one of the reasons given by William Pitt for subsequently removing him was that "_the minister never heard from him, and could not know what he was doing_." Finally, the three packets dropped down to Sandy Hook to join the British fleet there. Not knowing but that they might make off any day, their pa.s.sengers thought it safest to board them before they dropped down. The consequence was that they found themselves anch.o.r.ed at Sandy Hook for about six weeks, "as idle as a painted ship upon a painted ocean," and driven to the necessity of consuming all their sea-stores and buying more. At length, when the fleet did weigh anchor, with his Lordship and all his army on board, bound for the reduction of Louisburg, the three packets were ordered to attend it in readiness to receive the dispatches which the General was still scribbling upon the element that was not more mutable than his own purposes. When Franklin had been five days out, his packet was finally released, and stood off beyond the reach of his Lordship"s indefatigable pen, but the other two packets were still kept in tow by him all the way to Halifax, where, after exercising his men for some time in sham attacks on sham forts, he changed his mind about besieging Louisburg, and returned to New York with all his troops and the two packets and their pa.s.sengers. In the meantime, the French and their savage friends had captured Fort George, and butchered many of the garrison after its capitulation. The captain of one of the two packets, that were brought back to New York, afterwards told Franklin in London that, when he had been detained a month by his Lordship, he requested his permission to heave his ship down and clear her bottom. He was asked how long that would require. He answered three days. His Lordship replied, "If you can do it in one day, I give leave; otherwise not; for you must certainly sail the day after tomorrow." So he never obtained leave, though detained afterwards, from day to day, during full three months. No wonder that an irate pa.s.senger, who represented himself as having suffered considerable pecuniary loss, swore after he finally reached London in Franklin"s presence, that he would sue Lord Loudon for damages.
As Oxenstiern"s son was enjoined by his father to do, Franklin had gone out into the world and seen with what little wisdom it is ruled. "On the whole," he says in the _Autobiography_, "I wonder"d much how such a man came to be intrusted with so important a business as the conduct of a great army; but, having since seen more of the great world, and the means of obtaining, and motives for giving places, my wonder is diminished."
The _Autobiography_ makes it evident enough that for Loudon Franklin came to entertain the heartiest contempt.[15] His Lordship"s movements in 1757 he stigmatized as frivolous, expensive and disgraceful to the nation beyond conception. He was responsible, Franklin thought, for the loss of Fort George, and for the foundering of a large part of the Carolina fleet, which, for lack of notice from him, remained anch.o.r.ed in the worm-infested waters of Charleston harbor for three months, after he had raised his embargo on the exportation of provisions. Nor does Franklin hesitate to charge that this embargo, while laid on the pretence of cutting off the enemy from supplies, was in reality laid for the purpose of beating down the price of provisions in the interest of the contractors, in whose profits, it was suspected, that Loudon had a share. Not only did his Lordship decline, on the shallow pretext that he did not wish to mix his accounts with those of his predecessors, to give Franklin the order that he had promised him for the payment of the balance, still due him on account of Braddock"s expedition, though liquidated by his own audit, but, when Franklin urged the fact that he had charged no commission for his services, as a reason why he should be promptly paid, his Lordship cynically replied, "O, Sir, you must not think of persuading us that you are no gainer; we understand better those affairs, and know that everyone concerned in supplying the army finds means, in the doing it, to fill his own pockets."
Franklin and his son arrived in London on July 27, 1757. Shortly after he had settled down in his lodgings, he called upon Dr. Fothergill, whose counsel he had been advised to obtain, and who thought that, before an application was made to the British Government, there should be an effort to reach an understanding with the Penns themselves. Then took place the interview between Franklin and Lord Granville, at which his Lordship, after some preliminary discourse, expressed this alarming opinion:
You Americans have wrong ideas of the nature of your const.i.tution; 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 those instructions are not like the pocket instructions given to a minister going abroad, for regulating his conduct in 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.
The correctness of this opinion was combated by Franklin. He told his Lordship that this was new doctrine to him, and that he had always understood from the American charters that the colonial laws were to be enacted by the a.s.semblies of the Colonies, and that, once enacted and a.s.sented to by the King, the King could not repeal or alter them, and that, as the colonial a.s.semblies could not make laws for themselves without his a.s.sent, so he could not make laws for them without their a.s.sent. The great man"s reply was as brief as a great man"s reply is only too likely to be when his opinions are questioned by his inferiors. It was merely that Franklin was totally mistaken. Franklin did not think so, and, concerned for fear that Lord Granville might be but expressing the sentiment of the Court, he wrote down what had been said to him as soon as he returned to his lodgings. The utterance reminded him that some twenty years before a bill had been introduced into Parliament by the ministry of that time containing a clause, intended to make the King"s instructions laws in the Colonies, but that the clause had been stricken out of it by the House of Commons. For this, he said, the Colonies adored the Commons, as their friends and the friends of liberty, until it afterwards seemed as if they had refused the point of sovereignty to the King only that they might reserve it for themselves.
A meeting between the Proprietaries and Franklin was arranged by Doctor Fothergill. It a.s.sumed the form that such meetings are apt to a.s.sume, that is of mutual professions of an earnest desire to agree, repet.i.tion of the old antagonistic reasonings and a disagreement as stubborn as before.
However, it was agreed that Franklin should reduce the complaints against the Proprietaries to writing, and that the Proprietaries were to consider them. When the paper was drawn, they submitted it to their solicitor, Ferdinand John Paris, who had represented them in the celebrated litigation between the Penns and the Lords Baltimore over the boundary line between Pennsylvania and Maryland, and had written all their papers and messages in their disputes with the Pennsylvania a.s.sembly. "He was," says Franklin, "a proud, angry man, and as I had occasionally in the answers of the a.s.sembly treated his papers with some severity, they being really weak in point of argument and haughty in expression, he had conceived a mortal enmity to me." With Paris, Franklin refused to discuss the points of his paper, and the Proprietaries then, on the advice of Paris, placed it in the hands of the Attorney- and Solicitor-Generals for their opinion and advice.
By them no answer was given for nearly a year, though Franklin frequently called upon the Proprietaries for an answer only to be told that they had not yet received the opinion of their learned advisers. What the opinion was when it was finally rendered the Proprietaries did not let Franklin know, but instead addressed a long communication, drawn and signed by Paris, to the a.s.sembly, reciting the contents of Franklin"s paper, complaining of its lack of formality as rudeness, and justifying their conduct. They would be willing, they said, to compose the dispute, if the a.s.sembly would send out _some person of candor_ to treat with them.
Franklin supposed that the incivility imputed to him consisted in the fact that he had not addressed the Proprietaries by their a.s.sumed t.i.tle of True and Absolute Proprietaries of the Province of Pennsylvania.
The letter of the Proprietaries was not answered by the a.s.sembly. While they were pretending to treat with Franklin, Governor Denny had been unable to withstand the pressure of his situation, and, at the request of Lord Loudon, had approved an act subjecting the estates of the Penns to taxation. When this Act was transmitted to England, the Proprietaries, upon the advice of Paris, pet.i.tioned the King to withhold his a.s.sent from it, and, when the pet.i.tion came on for hearing, the parties were represented by counsel. On the one hand it was contended that the purpose of the Act was to impose an oppressive burden upon the Proprietary estates, and that the a.s.sessment under it would be so unequal because of the popular prejudice against the Penns that they would be ruined. To this it was replied that the Act was not conceived with any such purpose, and would not have any such effect, that the a.s.sessors were honest and discreet men under oath, and that any advantage that might inure to them individually from over-a.s.sessing the property of the Proprietaries would be too trifling to induce them to perjure themselves. It was also urged in opposition to the pet.i.tion that the money, for which the Act provided, had been printed and issued, and was now in the hands of the inhabitants of the Province, and would be deprived of all value, to their great injury, if the Act did not receive the royal a.s.sent merely because of the selfish and groundless fears of the Proprietaries. At this point, Lord Mansfield, one of the counsel for the Proprietaries, led Franklin off into a room nearby, while the other lawyers were still pleading, and asked him if he was really of the opinion that the Proprietary estate would not be unfairly taxed if the Act was executed. "Certainly," said Franklin. "Then," said he, "you can have little objection to enter into an engagement to a.s.sure that point." "None at all,"
replied Franklin. Paris was then called in, and, after some discussion, a paper, such as Lord Mansfield suggested, was drawn up and signed by Franklin and Mr. Charles, who was the agent of Pennsylvania for ordinary purposes, and the law was given the royal a.s.sent with the further engagement, upon the part of Franklin and Mr. Charles, that it should be amended in certain respects by subsequent legislation. This legislation, however, the a.s.sembly afterwards declined to enact when a committee, appointed by it, upon which it was careful to place several close friends of the Proprietaries, brought in an unanimous report stating that the yearly tax levied before the order of the Council reached Pennsylvania had been imposed with perfect fairness as between the Proprietaries and the other tax-payers.
In the most important respect, therefore, Franklin"s mission to England had resulted in success. The principle was established by the Crown that the estate of the Proprietaries was subject to taxation equally with that of the humblest citizen of Pennsylvania; and the credit of the paper money, then scattered throughout the province, was saved. The a.s.sembly rewarded its servant, when he returned to Pennsylvania, with its formal thanks and the sum of three thousand pounds. He responded in the happy terms which he always had at his command on occasions of this sort. "He made answer," says the official report, "that he was thankful to the House, for the very handsome and generous Allowance they had been pleased to make him for his Services; but that the Approbation of this House was, in his Estimation, far above every other kind of Recompense."