Benjamin Franklin; Self-Revealed, Volume 2 (of 2)

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 Assembly 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 petition the King to override the instructions and Franklin was appointed its agent to go over to England and present the petition. His passage 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 Assembly 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 passage, sailed off with his sea-stores, while the parties were palavering, and the Assembly, 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 Saturday 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 passengers, 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 assurance, 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 passengers thought it safest to board them before they dropped down. The consequence was that they found themselves anchored 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 passengers. 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 passenger, 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 anchored 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 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 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 assemblies of the Colonies, and that, once enacted and assented to by the King, the King could not repeal or alter them, and that, as the colonial assemblies could not make laws for themselves without his assent, so he could not make laws for them without their assent. 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 assumed the form that such meetings are apt to assume, that is of mutual professions of an earnest desire to agree, repetition 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 Assembly. "He was," says Franklin, "a proud, angry man, and as I had occasionally in the answers of the Assembly 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 Assembly, 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 Assembly 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 assumed title of True and Absolute Proprietaries of the Province of Pennsylvania.

The letter of the Proprietaries was not answered by the Assembly. 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, petitioned the King to withhold his assent from it, and, when the petition 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 assessment 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 assessors were honest and discreet men under oath, and that any advantage that might inure to them individually from over-assessing the property of the Proprietaries would be too trifling to induce them to perjure themselves. It was also urged in opposition to the petition 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 assent 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 assure 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 assent 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 Assembly 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 Assembly 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."

The Proprietaries punished their servant, Governor Denny, by removing him and threatening him with suit for the breach of his bond, but it is a pleasure to be told in the Autobiography that his position was such that he could despise their threats.

While the duel was going on between the Proprietaries and the Assembly, Franklin had some significant things at times to say about it in his familiar letters. As far as we can see, his political course, during this period, was entirely candid and manly. He was on agreeable personal terms with all the colonial governors, he seems to have cherished an honest desire to be helpful to the Proprietaries, so far as their own illiberality and folly would allow him to be, and it is very plain that he was not without the feeling that the demands of the Popular Party itself were occasionally immoderate. He was quite willing for the sake of peace to concede anything except the essential points of the controversy, but when it came to these he was immovable as men of his type usually are when they realize that a claim upon them is too unjust or exorbitant even for their pacific temper.

I am much oblig'd to you for the favourable Light you put me in, to our Proprietor, as mention'd in yours of July 30 [he wrote to Peter Collinson in 1754], I know not why he should imagine me not his Friend, since I cannot recollect any one Act of mine that could denominate me otherwise. On the contrary if to concur with him, so far as my little Influence reach'd in all his generous and benevolent Designs and Desires of making his Province and People flourishing and happy be any Mark of my Respect and Dutyful Regard to him, there are many who would be ready to say I could not be suppos'd deficient in such Respect. The Truth is I have sought his Interest more than his Favour; others perhaps have sought both, and obtain'd at least the latter. But in my Opinion great Men are not always best serv'd by such as show on all Occasions a blind Attachment to them: An Appearance of Impartiality in general gives a Man sometimes much more Weight when he would serve in particular instances.

To the friend to whom these words were written Franklin was disposed to unbosom himself with unusual freedom, and, in the succeeding year, in another letter to Collinson, he used words which showed plainly enough that he thought that the Assembly too was at times inclined to indulge in more hair-splitting and testiness than was consistent with the public welfare.

You will see [he said] more of the same Trifling in these Votes in both sides. I am heartily sick of our present Situation; I like neither the Governor's Conduct, nor the Assembly's; and having some Share in the Confidence of both, I have endeavour'd to reconcile 'em but in vain, and between 'em they make me very uneasy. I was chosen last Year in my Absence and was not at the Winter Sitting when the House sent home that Address to the King, which I am afraid was both ill-judg'd and ill-tim'd. If my being able now and then to influence a good Measure did not keep up my Spirits I should be ready to swear never to serve again as an Assembly Man, since both Sides expect more from me than they ought, and blame me sometimes for not doing what I am not able to do, as well as for not preventing what was not in my Power to prevent. The Assembly ride restive; and the Governor tho' he spurs with both heels, at the same time reins in with both hands, so that the Publick Business can never move forward, and he remains like St. George on the Sign, Always a Horseback and never going on. Did you never hear this old Catch?

Their was a mad Man – He had a mad Wife,And three mad Sons beside;And they all got upon a mad HorseAnd madly they did ride.

Tis a Compendium of our Proceedings and may save you the Trouble of reading them.

In a still later letter to the same correspondent, Franklin asserted that there was no reason for excluding Quakers from the House, since, though unwilling to fight themselves, they had been brought to unite in voting the sums necessary to enable the Province to defend itself. Then, after referring to the defamation, that was being heaped upon him by the Proprietary Party, in the place of the court paid to him when he had exerted himself to secure aids from the House for Braddock and Shirley, he said, "Let me know if you learn that any of their Slanders reach England. I abhor these Altercations and if I did not love the Country and the People would remove immediately into a more quiet Government, Connecticut, where I am also happy enough to have many Friends."

However, there was too much fuel for the fire to die down. The claim of the Proprietaries to exemption from taxation was only the most aggravated result of their efforts, by their instructions to their Governors, to shape the legislation of the Province in accordance with their own personal aims and pecuniary interests instead of in the spirit of the royal charter, which gave to William Penn, and his heirs, and his, or their, deputies or lieutenants, free, full and absolute power, for the good and happy government of Pennsylvania, to make and enact any laws, according to their best discretion, by and with the advice, assent and approbation of the freemen of the said country, or of their delegates or deputies. In the report of the Committee of Aggrievances of the Assembly, drawn by Franklin, the case of the freemen of the Province against the Penns, which led to Franklin's first mission to England, is clearly stated. They are arraigned not only for seeking to exempt the bulk of their estate from the common burden of taxation, but also, apart from this, for stripping, by their instructions, their governors, and thereby the People themselves, of all real discretion in fixing by legislation the measure and manner in which, and the time at which, aids and supplies should be furnished for the defence of the Province. They had even, the report charged, prohibited their governors, by their instructions, from assenting to laws disposing of interest arising from the loan of bills of credit or money raised by excise taxes – forms of revenue to which the Proprietary estate did not contribute at all – unless the laws contained a clause giving their governors the right to negative a particular application of the sums. Another grievance was the issuance by the governor of commissions to provincial judges, to be held during the will and pleasure of the governors instead of during good behavior, as covenanted by William Penn – a practice which gave the Proprietaries control of the judicial as well as the executive Branch of the provincial government.

For a time, after Franklin returned to Pennsylvania in 1762, there was something like peace between the Proprietaries and the people. When a nephew of Thomas Penn was appointed governor, the Assembly accepted him as a family pledge of restored good feeling.

The Assembly [Franklin wrote to Dr. Fothergill] received a Governor of the Proprietary family with open arms, addressed him with sincere expressions of kindness and respect, opened their purses to them, and presented him with six hundred pounds; made a Riot Act and prepared a Militia Bill immediately, at his instance, granted supplies, and did everything that he requested, and promised themselves great happiness under his administration.