Volume 2 — CHAPTER III (continued 3)

The agency that Franklin held for Pennsylvania in the first instance, and the agencies that he afterwards held for Massachusetts, New Jersey and Georgia, too, afforded him a solid standing for influencing public opinion both in England and America. He was actually in England, and, at the same time, in incessant correspondence with the popular leaders in America. With the beginning of the agitation for the repeal of the Stamp Act he entered upon a course of political activity which added greatly, in another form, to the reputation already acquired by him as a man of science. For his services in securing the repeal, including the flood of light that his answers, when examined before the House of Commons, shed upon the points at issue between the two countries, he was repaid by the English Ministry with attentions which he describes by a term as strong as "caress." Even when the dust of the conflict had thickened, and popular sentiment in England had ranged itself more and more on the side of the King and Parliament, his advice was still eagerly sought by Chatham, Camden, Shelburne and Burke and other liberal and sagacious English statesmen, when they were vainly striving in opposition to restore sanity to the distracted counsels that were menacing the security of the Empire.[20] Those must have been proud moments for Franklin, when the elder Pitt, whom he had come to regard in the earlier stages of his maturer life in England as an "inaccessible," received him as an honored guest under his roof at Hayes, or conferred with him at No. 7 Craven Street, or delivered him to the doorkeepers in the House of Lords, saying aloud, "This is Dr. Franklin, whom I would have admitted into the House." There have been few men who might not have envied the privilege of intimate communion with a man not greater, when he was making his country the mistress of the world, than, when decrepit, and in a hopeless minority, he rose in the House of Lords to plead with a voice, inspired not only by his own matchless eloquence but by all that was best in the history and temper of England for the removal of His Majesty's troops from the town of Boston. On the other side of the Atlantic, too, as the final catastrophe drew nearer, Franklin acquired a position, as the champion of the Colonies, which led Governor Hutchinson of Massachusetts to say of the memorable report, made by a committee to the town meeting, held in Boston on November 20, 1772, that "although at its first appearance it was considered as their own work, yet they had little more to do than to make the necessary alterations in the arrangement of materials prepared for them by their great director in England, whose counsels they obeyed, and in whose wisdom and dexterity they had an implicit faith."

And with entire truth it can be said that, until war became inevitable, Franklin used his influence in both countries with the unwavering purpose of promoting the best interests of both. The representation of America in Parliament at that time he saw was impracticable, and it is hard to believe, though the imbecility of a government without a sanction had not yet been forced upon his attention by the Articles of Confederation, that so practical a man could have had much faith in the steady efficacy of mere requisitions for aids by the Crown on the colonial assemblies. But, within the limits set him by the insurmountable barriers of the hour, it can not be doubted, bold as such an assertion may be, that the wisest thing that both England and the Colonies could have done, if such an idea is conceivable, would have been to leave the controversy between them to his sole arbitration. The most striking tribute that can be paid to the wisdom and open-mindedness of Franklin is to say that, if this had been done, an accommodation would unquestionably have been reached with due regard to the honor, dignity and essential interests of both countries. His attitude in England was that of a loyal friend to both parties to the controversy, who, as he viewed it, had no cause for disagreement that a temperate and sensible man would not know how to readily remove. To the British public he addressed with numerous variations the following arguments: Notwithstanding the rapid increase of population in America, its area was so vast, and contained so much vacant land, that even such artisans as it had soon drifted into the possession and cultivation of land. The danger, therefore, of industrial competition between the two countries was very remote. The people of America, however, would multiply so rapidly that, in the course of a brief time, the demand for manufactures would increase to such an extent that Great Britain would be powerless alone to supply it. He had satisfied himself by an inspection of the cloth factories in Yorkshire that, with a population doubling as did that of America every twenty-five years, Great Britain would in the future be unable to keep the Americans clothed. It was not right that the interests of a particular class of British merchants, tradesmen or artificers should outweigh those of all the King's subjects in the Colonies. Iron was to be found everywhere in America, and beaver furs were the natural productions of that country; hats, nails and steel were wanted there as well as in England. It was of no importance to the common welfare of the empire whether a subject of the King got his living by making hats on one or the other side of the water, whether he grew rich on the Thames or the Ohio, in Edinburgh or Dublin. Yet the hatters of England had obtained an act in their own favor, restraining that manufacture in America in order to oblige the Americans to send their beaver to England to be manufactured, and to purchase back the hats loaded with the charges of a double transportation. In the same manner, had a few nail-makers and a still smaller body of steel-makers (perhaps there were not a half-dozen of these in England) been able to totally forbid by an Act of Parliament the erecting of slitting mills or steel-furnaces in America. All money made by America in trade, or derived by it from fisheries, the produce of the soil or commerce, finally centred in England; yet, though America was drained of all its specie in the purchase of English goods, often mere luxuries and superfluities, she was not even allowed to issue paper money, however carefully safeguarded, to take its place. The idea that the numerous and separate colonies might become dangerous to the mother country was visionary. They were so jealous of each other that they had been wholly unable to agree upon a union for their common defence or to unite in requesting the mother country to establish one for them. The truth was that they loved England much more than they loved each other. There remained among them so much respect, veneration and affection for Britain, that, if cultivated prudently, with kind usage, and tenderness for their privileges, they might be easily governed still for ages, without force, or any considerable expense. Parliament had no constitutional right to levy a direct tax of any kind on America. The King was the only bond between America and Great Britain. In the beginning, no claim had been made by Parliament of a right to even regulate American commerce, but the power had long been exercised by it without any objection on the part of the colonies, and could, at any rate, be reasonably defended on the ground that Great Britain was put to a great expense in policing the seas over which American commerce moved. If England felt that she could not rely upon the voluntary grants of America, to defray the charges imposed upon her by America, then the logical and proper thing to do before she levied direct taxes upon America was to provide for the representation of the Colonies in Parliament. Until that was done, if it was practicable to do it, she should confine herself to the old constitutional practice of requisitions for pecuniary aid, issued by the Secretary of State, at the instance of the Crown, to the Legislative Assemblies of America. These requisitions of a gracious King had been freely honored in the past. Indeed, the pecuniary burden of the wars, which had been carried on in America, though they were not of her kindling, had been borne by America in a larger proportion to her means than England. But to impose a stamp or tea duty upon America by Act of Parliament was simple madness. No taxes of that sort would ever be collected in America except such as were stained with blood. If Parliament, in which America was not represented, had the right to take from her a penny in a pound, what was there to hinder it from calling, whenever it pleased, for the other nineteen shillings and eleven pence? The only result of a continued attempt to tax America would be the complete loss of her respect and affection, and all the political and commercial advantages that accompanied them. It was a mistake to heed the statements of the Colonial Governors as to the limited extent of popular disaffection in America and the inability of the Colonies to dispense with English manufactures. Their dependence was such as to render them more eager to conciliate court than colonial favor. It was also a mistake to suppose that America could not either make or forego any articles whatsoever that she was in the habit of buying from England. Men would tax themselves as heavily to gratify their resentment as their pride. The Americans had resolved to wear no more mourning, and it was now totally out of fashion with near two millions of people. They had resolved to eat no more lamb, and not a joint of lamb had since been seen on any of their tables, but the lambs themselves were all alive with the prettiest of fleeces on their backs imaginable. Look, too, at the pitiful sum of eighty pounds which was all that the odious tea duty banned by America had produced in a year to defray the expense of some hundreds of thousands of pounds incurred by England in maintaining armed ships and soldiers to support the innumerable officeholders charged with the duty of enforcing the tax.

The argument addressed by Franklin to America was equally earnest. The protection that England could afford her, the office of umpire that England could perform for her, in case of disputes between the Colonies, so that they could go on without interruption with their improvements, and increase their numbers, were the advantages that America enjoyed in her connection with England.

By the Exercise of prudent Moderation on her part, mix'd with a little Kindness [Franklin wrote to Thomas Cushing], and by a decent Behaviour on ours, excusing where we can excuse from a Consideration of Circumstances, and bearing a little with the Infirmities of her Government, as we would with those of an aged Parent,[21] tho' firmly asserting our Privileges, and declaring that we mean at a proper time to vindicate them, this advantageous Union may still be long continued. We wish it, and we may endeavour it; but God will order it as to His Wisdom shall seem most suitable. The Friends of Liberty here, wish we may long preserve it on our side the Water, that they may find it there if adverse Events should destroy it here. They are therefore anxious and afraid, lest we should hazard it by premature Attempts in its favour. They think we may risque much by violent Measures and that the Risque is unnecessary, since a little Time must infallibly bring us all we demand or desire, and bring it us in Peace and Safety. I do not presume to advise. There are many wiser men among you, and I hope you will be directed by a still superior Wisdom.

Every personal difference Franklin contended did not justify a quarrel nor did every act of oppression on the part of the mother country justify a war. The policy, which he laid down for the Colonies, was to exercise patience and forbearance, and to look to political changes in England and their own rapidly increasing numbers and wealth for the ultimate redress of their grievances, but, in the meantime, to reaffirm fearlessly their constitutional rights on every proper occasion. This policy is again and again recommended in his letters to his friends and political correspondents over-sea. Even before the Stamp Act was actually repealed, he wrote to Charles Thomson expressing the hope that, when that happened, the behavior of America would be so prudent, decent and grateful that their friends in England would have no reason to be ashamed, and their enemies in England, who had predicted that Parliamentary indulgence would only make them more insolent and ungovernable, would find themselves, and be found, false prophets. After the repeal of the Stamp Act, in a letter to Galloway, he expressed deep regret that the English merchants, who had helped to secure that result, and to communicate the knowledge of it, at their expense to America, should feel that the Americans had proved themselves ingrates, and he accordingly said that he hoped that some decent acknowledgments or thanks would be sent to these merchants by the colonial assemblies. When the idea of taxing America was subsequently revived, he wrote to the same correspondent that he knew not what to advise, but that they should all do their endeavors on both sides the water to lessen the present unpopularity of the American cause, conciliate the affections of the British towards them, increase by all possible means the number of their friends, and be careful not to weaken their hands, and strengthen their enemies, by rash proceedings on their side; the mischiefs of which were inconceivable. In a letter to the printer of the Gazetteer, signed "New England," he said: "I only hate calumniators and boutefeus on either side the water, who would for the little dirty purposes of faction, set brother against brother, turn friends into mortal enemies, and ruin an empire by dividing it." In a letter to Cadwallader Evans, in 1768, he even approved the idea that America should manufacture only such things as England neglected.

These are but scant gleanings from the numerous letters in which, down to the very last, Franklin unweariedly repeated his counsels of self-restraint to his fellow-countrymen. Accompanying them was every word of good cheer that he thought might tend to make this self-restraint easier. Several times he assured his American correspondents that, in the debate with the mother country, America had the sympathy of all Europe. For a long time, he endeavored to allay the resentment of his countrymen, under the sting of parliamentary injustice, by voicing the delusion that the King did not share the sentiments of the corrupt legislature which, as a matter of fact, he was all the time corrupting for the purpose of fostering such sentiments. Every indication of a favorable disposition towards the Colonies upon the part of the English People, during the alternations of anxiety and confidence that his mind underwent with the rise and fall of English ministries, friendly or unfriendly to America, was promptly observed by him and reported to America. At times, it is plain enough that he thought a war it would be; yet as late as 1775, when he believed that the adverse ministry of that time was tottering, his sanguine nature reached the conclusion in a letter to James Bowdoin that the redoubled clamor of the trading, manufacturing and Whig interests in England would infallibly overthrow all the enemies of America, and produce an acknowledgment of her rights and satisfaction for her injuries. Parliament rarely gave him any occasion to speak of it except in terms of mingled amazement and indignation; but it is agreeable to remember that, in a letter in 1774 to Jane Mecom, he made grateful mention of "the generous and noble friends of America" in both houses, whose names, dear to the highest traditions of human genius and public spirit, should never be forgotten in any movement to reintegrate in some form the broken fragments of the china vase in which Franklin saw a symbol of the unity of the British Empire.

Accompanying Franklin's counsels of patience, however, was also an unceasing warning to America not to alter for a moment her posture of resistance and protest. "If under all the Insults and Oppressions you are now exposed to," he told Dr. Cooper, "you can prudently, as you have lately done, continue quiet, avoiding Tumults, but still resolutely keeping up your Claim and asserting your Rights, you will finally establish them, and this military Cloud that now blusters over you will pass away, and do no more Harm than a Summer Thunder Shower." "The Colonies," he wrote subsequently to Robert Morris and Thomas Leach, "have Adversaries enow to their common Privileges: They should endeavour to agree among themselves, and avoid everything that may make ill-Blood and promote Divisions, which must weaken them in their common Defence." To Thomas Cushing he wrote that America should continue from time to time to assert its rights in occasional solemn resolves and other public acts, never yielding them up, and avoiding even the slightest expressions that seemed confirmatory of the claim that had been set up against them. As the end of it all became more and more obvious, his note of warning assumed an additional significance. In a letter to Thomas Cushing in 1773, he wrote:

But our great Security lies, I think, in our growing Strength, both in Numbers and Wealth; that creates an increasing Ability of assisting this Nation in its Wars, which will make us more respectable, our Friendship more valued, and our Enmity feared; thence it will soon be thought proper to treat us not with Justice only, but with Kindness, and thence we may expect in a few Years a total Change of Measures with regard to us; unless, by a Neglect of military Discipline, we should lose all martial Spirit, and our Western People become as tame as those in the Eastern Dominions of Britain, when we may expect the same Oppressions; for there is much Truth in the Italian saying, Make yourselves Sheep, and the Wolves will eat you.

Indeed the almost miraculous way in which the population and wealth of America were increasing from year to year was one of the facts which entered most deeply into Franklin's calculation of the resources upon which she could rely not for the purpose of breaking away from the British connection but for the purpose of preventing it from being abused by England. No one saw more clearly than he that the day would come when some descendant, such as Gladstone, of one of his British contemporaries might well apostrophize America as a daughter that, at no very distant time, would, whether fairer or less fair, be unquestionably stronger than the mother.[22] To Thomas Cushing he wrote in 1773 that the longer England delayed the accommodation, which finally for her own sake she must obtain, the worse terms she might expect, since the inequality of power and importance that then subsisted between her and America was daily diminishing; while the latter's sense of her own rights and of England's injustice was continually increasing.

Optimistic on the whole, however, as was Franklin's outlook during the interval of political strife which preceded the American Revolution, intently as he watched every ebb and flow of English feeling, while this period lasted, it is manifest that in its later stages he realized that the currents upon which he was being borne were steadily moving towards the jaws of the maelstrom. This is apparent enough in his perspicacious letter of May 15, 1771, to the Committee of Correspondence in Massachusetts.

I think one may clearly see, in the system of customs to be exacted in America by act of Parliament, the seeds sown of a total disunion of the two countries, though, as yet, that event may be at a considerable distance. The course and natural progress seems to be, first, the appointment of needy men as officers, for others do not care to leave England; then, their necessities make them rapacious, their office makes them proud and insolent, their insolence and rapacity make them odious, and, being conscious that they are hated, they become malicious; their malice urges them to a continual abuse of the inhabitants in their letters to administration, representing them as disaffected and rebellious, and (to encourage the use of severity), as weak, divided, timid, and cowardly. Government believes all; thinks it necessary to support and countenance its officers; their quarreling with the people is deemed a mark and consequence of their fidelity; they are therefore more highly rewarded, and this makes their conduct still more insolent and provoking.

The resentment of the people will, at times and on particular incidents, burst into outrages and violence upon such officers, and this naturally draws down severity and acts of further oppression from hence. The more the people are dissatisfied, the more rigor will be thought necessary; severe punishments will be inflicted to terrify; rights and privileges will be abolished; greater force will then be required to secure execution and submission; the expense will become enormous; it will then be thought proper, by fresh exactions, to make the people defray it; thence, the British nation and government will become odious, the subjection to it will be deemed no longer tolerable; war ensues, and the bloody struggle will end in absolute slavery to America, or ruin to Britain by the loss of her colonies; the latter most probable, from America's growing strength and magnitude.

But, as the whole empire must, in either case, be greatly weakened, I cannot but wish to see much patience and the utmost discretion in our general conduct, that the fatal period may be postponed, and that, whenever this catastrophe shall happen, it may appear to all mankind that the fault has not been ours.

Franklin's written comments upon the American controversy between the passage of the Stamp Act and his return to America in 1775 are usually marked by a sobriety and dignity of expression worthy of their wisdom. It is only at times that the strong character, habitually held in leash by innate prudence and severely disciplined self-control, breaks out into impatience. Naturally enough now and then he has a word of scorn for the graceless venality which made Westminster almost as much a market as Smithfield, and was, after all, the real thing that rendered England deaf to the warning "Time is" of Friar Bacon's brazen mouth-piece.

Many think the new Parliament will be for reversing the late proceedings [he wrote to Galloway in 1774], but that depends on the Court, on which every Parliament seems to be dependent; so much so, that I begin to think a Parliament here of little Use to the People: For since a Parliament is always to do as a ministry would have it, why should we not be govern'd by the Ministry in the first Instance? They could afford to govern us cheaper, the Parliament being a very expensive Machine, that requires a vast deal of oiling and greasing at the People's Charge; for they finally pay all the enormous Salaries of Places, the Pensions, and the Bribes, now by Custom become necessary to induce the Members to vote according to their Consciences.

Franklin would have been more than human if he had not had a resentful word to say too, when, as the result of the refusal of the Americans to drink any tea, except such as was smuggled into America, free of the detested duty, by the commercial rivals of England, the East India Company could no longer meet its debts, let alone pay dividends and the annuity of four hundred thousand pounds, payable by it to the British Government, and bankruptcy was following bankruptcy like a series of falling bricks, and thousands of Spitalfield and Manchester weavers were starving, or subsisting upon charity. "Blessed Effects of Pride, Pique, and Passion in Government, which should have no Passions," was the caustic observation of Franklin in one of his letters to his son. Bitterness welled up again in his throat when, after he had been bayed by the Privy Council, and dismissed from his office, a special instruction was issued to the Governor of Massachusetts not to sign any warrant on the Treasury for the purpose of paying him any salary as the agent of Massachusetts or reimbursing him for any expenses incurred on her behalf.

The Injustice [he said in his Tract Relative to the Affair of Hutchinson's Letters] of thus depriving the People there of the Use of their own Money, to pay an Agent acting in their Defence, while the Governor, with a large Salary out of the Money extorted from them by Act of Parliament, was enabled to pay plentifully Maudit and Wedderburn to abuse and defame them and their Agent, is so evident as to need no Comment. But this they call Government!

Indecent, however, as was the treatment accorded by the Privy Council to the man, who had striven so loyally, so zealously and so wisely to promote the greatness and glory of England, it hardly conveyed a ruder shock to his mind than that which it received later when he saw the plan for the settlement of the American Controversy drafted by Lord Chatham rejected by the House of Lords, with as much contempt he told Charles Thomson, "as they could have shown to a Ballad offered by a drunken Porter."

To hear so many of these Hereditary Legislators [he said in his Account of Negotiations in London], declaiming so vehemently against, not the Adopting merely, but even the Consideration of a Proposal so important in its Nature, offered by a Person of so weighty a Character, one of the first Statesmen of the Age, who had taken up this Country when in the lowest Despondency, and conducted it to Victory and Glory, thro' a War with two of the mightiest Kingdoms in Europe; to hear them censuring his Plan, not only for their own Misunderstandings of what was in it, but for their Imaginations of what was not in it, which they would not give themselves an Opportunity of rectifying by a second Reading; to perceive the total Ignorance of the Subject in some, the Prejudice and Passion of others, and the wilful Perversion of Plain Truth in several of the Ministers; and upon the whole to see it so ignominiously rejected by so great a Majority, and so hastily too, in Breach of all Decency, and prudent Regard to the Character and Dignity of their Body, as a third Part of the National Legislature, gave me an exceeding mean Opinion of their Abilities, and made their Claim of Sovereignty over three Millions of Virtuous, sensible People in America seem the greatest of Absurdities, since they appear'd to have scarce Discretion enough to govern a Herd of Swine. Hereditary Legislators! thought I. There would be more Propriety, because less Hazard of Mischief, in having (as in some University of Germany) Hereditary Professors of Mathematicks.

Yet this is the Government [Franklin declared in the letter to Charles Thomson, in which he used the simile of the ballad and the drunken porter, and also referred to equally rash conduct upon the part of the House of Commons], by whose Supreme Authority, we are to have our Throats cut, if we do not acknowledge, and whose dictates we are implicitly to obey, while their conduct hardly entitles them to Common Respect.

But it was only after he had been shamelessly and publicly proscribed, under circumstances which gave him good reason to believe that he was but the vicarious victim of a People unfeelingly doomed to the cruel alternatives of fratricidal resistance or vassalage, that he gave way, though still engaged in a last effort to stave off the evil day of separation, to such reproachful or denunciatory utterances as these. Indeed, as it is a satisfaction to a stupid man to know that Homer sometimes nodded, and to a vicious man to know that the character of Washington is supposed to have been at last successfully fly-specked by some petty scandal-monger, so it ought to be a relief to a hasty man to know that Franklin was once on the point of succumbing entirely to a sudden flaw of anger. Goaded beyond endurance by the reflections, which he had just heard in the House of Lords on everything American, including American courage, honesty and intelligence, reflections as contemptuous, he said, as if his countrymen were the lowest of mankind, and almost of a different species from the English of Britain, he drew up a heated protest, as the agent of Massachusetts, demanding from Great Britain present satisfaction for the blockade of Boston, and stating that satisfaction for the proposed exclusion of Massachusetts from the Newfoundland and other fisheries, if carried into effect, would probably also some day be demanded. When he showed the paper to his friend, Thomas Walpole, a member of the House of Commons, Walpole, we are told by him, looked at it and him several times alternately, as if he apprehended him to be out of his senses. However, Franklin asked him to lay it before Lord Camden, which he undertook to do. When it came back to Franklin, it was with a note from Walpole telling him simply that it was thought that it might be attended with dangerous consequences to his person, and contribute to exasperate the nation. The caution that Franklin exhibited before permitting the protest to pass from his possession suggests the idea that, in writing it, he was merely seeking a safe vent for the mental ferment of the moment. It was doubtless well for him that the paper got no further; for it is painful to relate that the disposition was not wanting in England to construe some of his letters to Thomas Cushing as treasonable. In a letter to Cushing, he said that he was not conscious of any treasonable intention, but that, after the manner in which he had recently been treated in the matter of the Hutchinson letters, he was not to wonder if less than a small lump in his forehead was voted a horn. Six months later, he wrote to Galloway that it was thought by many that, if the British soldiers and the New Englanders should come to blows, he would probably be taken up; for the ministerial people affected everywhere to represent him as the cause of all the misunderstanding. We know nothing better calculated to show how hopeless it is for the lamb downstream to convince the wolf upstream that the water flowing by him was not muddied from below than the fact that, during the debate over Lord Chatham's conciliatory Plan, Lord Sandwich referred to Franklin as one of the bitterest and most mischievous enemies that England had ever known. That is to say, Franklin, the loyal Englishman who, in one of his early papers on electricity, could not even mention the King without adding, "God preserve him," who had shrunk in the beginning from the agitation against the Stamp Act as little less than treason, who had deprecated the Boston tea-party as lawless violence, and had, from first to last, condemned mob-license in every form in America as steadfastly as tyranny in England.

The wonder is that he should not have reached the decision sooner than he did that there was nothing to be gained for his country by his longer sojourn in England. His intercourse, as an American agent with Lord Hillsborough, when Secretary of State for America and First Commissioner to the Board of Trade, was alone enough to bring him to such a decision.[23] As an Irishman, familiar with the repressive policy of England in Ireland, Hillsborough could not well approve of British restrictions upon American commerce and manufactures; but there his sympathy with America ceased. Franklin truly said that the agents of the Colonies in England were quite as useful to England as to the Colonies, since they had more than once by timely advice kept the English Government from making mistakes arising out of ignorance of special conditions peculiar to America. But this view was not shared by Hillsborough. He insisted that no agent from Massachusetts should be recognized in England, who was not appointed, from year to year, by the General Court of Massachusetts by an act, to which the Governor of that colony had given his assent. As the Governor was dependent for his appointment upon the British Ministry, and would hardly fail to name any one as agent, who might be selected by it, such a tenure was equivalent to vesting the selection of the agent in Hillsborough himself, whose wishes, when selected, the agent was not likely to oppose. Under such conditions, an agent would be of no value to the colony, Franklin declared, and, under such conditions, he further declared, he would not be willing himself to hold the post. "His Character is Conceit, Wrongheadedness, Obstinacy, and Passion." Such were the terms in which Franklin summed up the moral attributes of Hillsborough to Dr. Cooper, after he had vainly striven for several years to give the former some salutary conception of the importance of ascertaining the real sentiments and wants of America. The letter, in which these terms were employed, was accompanied by minutes of a spirited dialogue between Franklin and Hillsborough, which almost makes us regret that the former, among his other literary ventures, had not tested his qualifications as a playwright. The part of Hillsborough in the colloquy was to let Franklin fully know in language of mixed petulance and contempt that he declined to recognize him as an agent.

No such appointment shall be entered [he is minuted as declaring]. When I came into the administration of American affairs, I found them in great disorder. By my firmness they are now something mended; and, while I have the honour to hold the seals, I shall continue the same conduct, the same firmness. I think my duty to the master I serve, and to the government of this nation, requires it of me. If that conduct is not approved, they may take my office from me when they please. I shall make them a bow, and thank them; I shall resign with pleasure. That gentleman knows it, (pointing to Mr. Pownall), but, while I continue in it, I shall resolutely persevere in the same Firmness. (Spoken with great warmth, and turning pale in his discourse, as if he was angry at something or somebody besides the agent, and of more consequence to himself.)

Then follows Franklin's reply:

B. F. (Reaching out his hand for the paper, which his Lordship returned to him). I beg your Lordship's pardon for taking up so much of your time. It is, I believe, of no great importance whether the appointment is acknowledged or not, for I have not the least conception that an agent can at present be of any use to any of the colonies. I shall therefore give your Lordship no further trouble. (Withdrew.)

As the dialogue discloses, Hillsborough had quite enough enemies already to render it prudent for him to abstain from making another of a man who had declared in the letter, with which it was enclosed, that, if there was to be a war between them, he would do his best to defend himself, and annoy his adversary little, regarding the story of the Earthen Pot and Brazen Pitcher.

One encouragement I have [Franklin said in his letter], the knowledge, that he is not a whit better lik'd by his Colleagues in the Ministry, than he is by me, that he can not probably continue where he is much longer, and that he can scarce be succeeded by anybody, who will not like me the better for his having been at Variance with me.

Later, Franklin wrote to Thomas Cushing:

This Man's Mandates have been treated with Disrespect in America, his Letters have been criticis'd, his Measures censur'd and despis'd; which has produced in him a kind of settled Malice against the Colonies, particularly ours, that would break out into greater Violence if cooler Heads did not set some Bounds to it. I have indeed good Reason to believe that his Conduct is far from being approved by the King's other Servants, and that he himself is so generally dislik'd by them that it is not probable he will continue much longer in his present Station, the general Wish here being to recover (saving only the Dignity of Government) the Good-Will of the Colonies, which there is little reason to expect while they are under his wild Administration. Their permitting so long his Eccentricities (if I may use such an Expression) is owing, I imagine, rather to the Difficulty of knowing how to dispose of or what to do with a man of his wrong-headed bustling Industry, who, it is apprehended, may be more mischievous out of Administration than in it, than to any kind of personal Regard for him.

The Earthen Pot and the Brazen Pitcher did collide, and, contrary to every physical law, it was not the Earthen Pot that suffered. Certain Americans, including Franklin himself, and certain Englishmen had applied to the Crown for a tract of land between the Alleghanies and the Ohio River, and their petition was referred to the Board of Trade of which Hillsborough was President. It asked for the right to settle two million, five hundred thousand acres. Hillsborough, who was secretly hostile to the grant, for the purpose of over-loading the application, deceitfully suggested that the applicants should ask for enough land to constitute a province; whereupon Franklin took him at his word and changed the acreage petitioned for to twenty-three million acres. When the report of the Lords Commissioners for Trade and Plantations, drafted by Hillsborough, was made, it opposed the grant.

If a vast territory [said His Majesty's Governor of Georgia, in a letter to the Commissioners, which is quoted in the Report], be granted to any set of gentlemen, who really mean to people it, and actually do so, it must draw and carry out a great number of people from Great Britain; and I apprehend they will soon become a kind of separate and independent people, and who will set up for themselves; that they will soon have manufactures of their own; that they will neither take supplies from the mother country, nor from the provinces, at the back of which they are settled; that, being at a distance from the seat of government, courts, magistrates, &c., &c., they will be out of the reach and control of law and government; that it will become a receptacle and kind of asylum for offenders, who will fly from justice to such new country or colony.

To this report, which sought to confine America to practically the same limits as those fixed by the French, Franklin, with his knowledge of American conditions, and breadth of vision, made such a crushing reply that, when the report and the reply came before the Privy Council, the application for the grant, partly because of the strength of Franklin's reply, and, partly from dislike to Hillsborough, was approved. Mortified by this action, Hillsborough resigned his office, and was succeeded by Lord Dartmouth, the nobleman described by Cowper as "One who wears a coronet, and prays."

In keeping with the deceit, practiced by Hillsborough, in endeavoring to give an extravagant turn to the Ohio petition, was his previous bearing towards Franklin after the interview with the latter, at which he paid such a fulsome tribute to his own firmness. During the year preceding the action of the Privy Council, Franklin had heard that Hillsborough had expressed himself about him in very angry terms, calling him a Republican, a factious, mischievous fellow, and the like. Nevertheless, a few weeks later, when he was in Ireland, Hillsborough pressed him so warmly to call upon him at his country-seat, upon his way to the North of Ireland, that he did so, and was detained there no less than four days, in the enjoyment of a hospitality so assiduous that his host, Franklin tells us, even put his oldest son, Lord Kilwarling, into his phaeton with him, to drive him a round of forty miles, that he might see the country, the seats, manufactures, etc., and moreover covered him with his own great coat lest he should take cold. Later, after both Franklin and Hillsborough had returned to London, the former called upon the latter repeatedly for the purpose of thanking him for his civilities in Ireland. On each day, he was told that his Lordship was not at home, although on two of them he had good reason to know the contrary. On the last of the two, which was one of his Lordship's levee days, the porter, seeing Franklin, came out and surlily chid the latter's coachman for opening the door of his coach before he had inquired whether his Lordship was at home. Then, turning to Franklin, he said, "My Lord is not at home." "I have never since been nigh him," Franklin wrote to his son, "and we have only abused one another at a distance."

During the year succeeding the action of the Privy Council, when Franklin was with his friend Lord Le Despencer at Oxford, Lord Hillsborough, upon being told by Lord Le Despencer, as they were descending the stairs in Queen's College, that Franklin was above, reascended them immediately, and, approaching Franklin in the pleasantest manner imaginable, said, "Dr. Franklin, I did not know till this Minute that you were here, and I am come back to make you my Bow! I am glad to see you at Oxford, and that you look so well," &c.

In Return for this Extravagance [Franklin said in a letter to his son], I complimented him on his Son's Performance in the Theatre, tho' indeed it was but indifferent, so that Account was settled. For as People say, when they are angry, If he strikes me, I'll strike him again; I think sometimes it may be right to say, If he flatters me, I'll flatter him again. This is Lex Talionis, returning Offences in kind. His Son however (Lord Fairford), is a valuable young Man, and his Daughters, Ladys Mary and Charlotte, most amiable young Women. My Quarrel is only with him, who, of all the Men I ever met with, is surely the most unequal in his Treatment of People, the most insincere, and the most wrong-headed.

Such was the man, to whom the oversight of American affairs was committed at a highly critical period in the relations of England and the Colonies. Speaking of Hillsborough's successor, Lord Dartmouth, Franklin said, "he is truly a good Man, and wishes sincerely a good Understanding with the Colonies, but does not seem to have Strength equal to his Wishes." This minister was wise enough to recognize the agents of the American colonies, including Franklin, again, despite the stand taken by Hillsborough against them. But, when Lord Chatham's conciliatory plan was so summarily rejected by the House of Lords, Dartmouth, though he had, when the motion was first made, suggested that it should be deliberately considered, was later swept along unresistingly by the majority. In his account of the incident, Franklin said, "I am the more particular in this, as it is a Trait of that Nobleman's Character, who from his Office is suppos'd to have so great a Share in American affairs, but who has in reality no Will or Judgment of his own, being with Dispositions for the best Measures, easily prevail'd with to join in the worst."

But it is in the history of the Hutchinson letters that we find the most convincing proof of the hopelessness of Franklin's task in his endeavor to bring public opinion in England over to his generous views of her true interests. On one occasion, when speaking in terms of warm resentment of the conduct of the ministry in dispatching troops to Boston, he was to his great surprise, to use his own words, assured by a gentleman of character and distinction that the action of the ministry in this, and the other respects, obnoxious to America, had been brought about by some of the most reputable persons among the Americans themselves. He was skeptical, and the gentleman, whose name he never revealed, being desirous of establishing the truth of his statement to the satisfaction of both Franklin and Franklin's countrymen, called upon Franklin a few days afterwards, and exhibited to him letters from Lieutenant-Governor Hutchinson and Secretary Andrew Oliver of Massachusetts, and other residents of that colony which only too conclusively confirmed what had been said. The gentleman would not permit copies to be taken of the letters, but he delivered the originals to Franklin with the express understanding that they were not to be printed, that no copies were to be taken of them, that they were to be shown only to a few leading men in Massachusetts, and were to be carefully returned. Franklin transmitted them, subject to these conditions, to Thomas Cushing of the Committee of Correspondence at Boston. He did so, he tells us, because he thought that to shift the responsibility for the recent ministerial measures from England to America would tend to restore good feeling between the people of Massachusetts and England, and, moreover, because he felt that intelligence of such importance should not be withheld from the constituents whose agent he was. In his communication, accompanying the letters, Franklin stipulated that they were to be read only by the members of the Massachusetts Committee of Correspondence, Messrs. Bowdoin and Pitts of the Council, Drs. Chauncey, Cooper and Winthrop, and a few such other persons as Cushing might select; and were to be returned in a few months to him; but it is not true, as was afterwards alleged by his enemies, that his communication was attended by any effort to conceal his personal relations to the letters. A part of the communication is too good a specimen of the precision that Franklin always brought to the language of rebuke or condemnation not to be quoted at length.

As to the writers [he said], I can easily as well as charitably conceive it possible, that a Man educated in Prepossessions of the unbounded Authority of Parliament, &c. may think unjustifiable every Opposition even to its unconstitutional Exactions, and imagine it their Duty to suppress, as much as in them lies, such Opposition. But when I find them bartering away the Liberties of their native Country for Posts, and negociating for Salaries and Pensions extorted from the People; and, conscious of the Odium these might be attended with, calling for Troops to protect and secure the Enjoyment of them: When I see them exciting Jealousies in the Crown, and provoking it to Wrath against so great a Part of its most faithful Subjects; creating Enmities between the different Countries of which the Empire consists; occasioning a great Expence to the Old Country for Suppressing or Preventing imaginary Rebellions in the New, and to the new Country for the Payment of needless Gratifications to useless Officers and Enemies; I can not but doubt their Sincerity even in the political Principles they profess, and deem them mere Time-servers seeking their own private Emolument, thro' any Quantity of Publick Mischief; Betrayers of the Interest, not of their native Country only, but of the Government they pretend to serve, and of the whole English Empire.

Later, after strong representations had been made to Franklin by Cushing that the letters could be put to no effective use, unless they could be retained or copied, Franklin obtained leave from the gentleman, who had entrusted them to him, to authorize Cushing to show them to any persons that he chose. The fact that the letters were in Boston was soon noised abroad, whereupon the Assembly required them to be laid before it, though under its promise that they would not be printed. An occasion or pretext for disregarding this promise soon arose, when copies were produced in the House by a member who was said to have received them from England. Then the Assembly adopted a series of indignant resolutions, declaring, among other things, that the authors of the letters were justly chargeable with the great corruption of morals, and all the confusion, misery and bloodshed which had been the natural effects of the introduction of troops into the Province, and that it was its bounden duty to pray that his Majesty would be pleased to remove Hutchinson and Oliver forever from the Government thereof. These resolutions were duly followed by a petition for the removal which was transmitted to Franklin and by him transmitted to Lord Dartmouth, who laid it before the King.

When the news reached England that the letters had been published in Massachusetts, there was great curiosity to know who had transmitted them. Thomas Whately, a London banker, and the brother of William Whately, then deceased, to whom they were written, was suspected; he suspected John Temple, a former Governor of New Hampshire, who had had access to the papers of the decedent, and, his suspicions having been brought to the attention of Temple, the latter called upon him, denied all knowledge of the letters, and demanded a public exoneration. The written statement from Whately which followed was not satisfactory to Temple, and he challenged the former to a duel in which Whately was severely wounded. Up to this time, it was not known except to a few persons that Franklin had forwarded the letters to America; nor even for a time after the duel did he feel that it was incumbent upon him to tell the world that he had done so. But, when he heard that the duel would probably be renewed, as soon as Whately recovered his strength, he felt discharged from the obligation of silence that he had previously recognized to the person from whom he had received the letters, and published a communication in the Public Advertiser stating that it was impossible for Whately to have sent the letters to Boston, or for Temple to have purloined them from Whately, because they had never been in Whately's possession, and that he, Franklin alone, was the person who "obtained and transmitted to Boston the letters in question."[24]

Franklin had put his head into the lion's jaws. While he was preparing for his return to America, for the purpose of attending to a matter arising out of the operations of the American Post-office Department, he received a notice from the Clerk of the Privy Council, informing him that the Lords of the Committee for Plantation Affairs would meet at the Cockpit on Tuesday, January 11, 1774, at noon, for the purpose of considering the petition for the removal of Hutchinson and Oliver, which had been referred to the Council by the King, and requiring him to be present. A similar notice was sent to Bollan, the London Agent of the Massachusetts Council. When the petition came on for hearing, at the request of Franklin, its consideration was postponed for some three weeks, so that he could retain counsel to face Alexander Wedderburn, the Solicitor-general, who had been retained by Israel Mauduit, the agent of the Governor and Lieutenant-Governor of Massachusetts.

The counsel retained by Franklin were John Dunning, a former Solicitor-general, and subsequently Lord Ashburton, and John Lee, who later became the Solicitor-general under the administration of Charles James Fox. When the hearing did take place, it proved for every reason a memorable one. Edmund Burke could not recollect that so many Privy Councillors had ever attended a meeting of the Council before. There were no less than thirty-five in attendance. The Lord President Gower presided. In the audience, among other persons, were the Archbishop of Canterbury, Lord North, the Prime Minister, Lord Shelburne, Edmund Burke, Joseph Priestley, Jeremy Bentham, Arthur Lee, of Virginia, then a law student in London, who had been selected by the Legislature of Massachusetts to act as its agent, in the event of the absence or death of Franklin, Ralph Izard, of South Carolina, who had borne Temple's challenge to Thomas Whately, and Dr. Edward Bancroft, who was afterwards at Paris with Franklin. The hearing was opened by the reading of the letter written by Franklin to Lord Dartmouth, when transmitting the petition to him, the petition itself, the resolutions of the Massachusetts Assembly and the letters upon which they were based. In Franklin's opinion, Dunning and Lee in their pleas "acquitted themselves very handsomely." Dunning's points, Burke thought, were "well and ably put." The appeal of the Massachusetts Assembly, Dunning argued was to the wisdom and goodness of his Majesty; they were asking a favor, not demanding justice. As they had no impeachment to make, so they had no evidence to offer. Of similar tenor was the address of John Lee. The reply of Wedderburn was pointed and brilliant, and as rabid as if he had been summing up against an ordinary criminal at an ordinary assize.

The letters, could not have come to Dr. Franklin [he argued], by fair means. The writers did not give them to him; nor yet did the deceased correspondent, who, from our intimacy, would otherwise have told me of it. Nothing, then, will acquit Dr. Franklin of the charge of obtaining them by fraudulent or corrupt means, for the most malignant of purposes, unless he stole them from the person who stole them. This argument is irrefragable. I hope, my lords, you will mark and brand the man, for the honor of this country, of Europe, and of mankind. Private correspondence has hitherto been held sacred in times of the greatest party rage, not only in politics but religion.... He has forfeited all the respect of societies and of men [the orator went on]. Into what companies will he hereafter go with an unembarrassed face, or the honest intrepidity of virtue? Men will watch him with a jealous eye; they will hide their papers from him, and lock up their escritoirs. He will henceforth esteem it a libel to be called a man of letters; homo TRIUM literarum! [Trium litterarum homo, a man of three letters, was a fur, or thief]. But [continued Wedderburn], he not only took away the letters from one brother; but kept himself concealed till he nearly occasioned the murder of the other. It is impossible to read his account, expressive of the coolest and most deliberate malice, without horror. Amidst these tragical events, of one person nearly murdered, of another answerable for the issue, of a worthy governor hurt in his dearest interests, the fate of America in suspense; here is a man, who, with the utmost insensibility of remorse, stands up and avows himself the author of all. I can compare it only to Zanga, in Dr. Young's Revenge:

I ask, my Lords, whether the revengeful temper attributed by poetic fiction only, to the bloody African, is not surpassed by the coolness and apathy of the wily American?

More than one bystander has recorded the impressions left upon his mind by this savage philippic.

I was not more astonished [Jeremy Bentham tells us] at the brilliancy of his lightning, than astounded at the thunder that accompanied it. As he stood, the cushion lay on the council table before him; his station was between the seats of two of the members, on the side of the right hand of the Lord President. I would not for double the greatest fee the orator could on that occasion have received, been in the place of that cushion; the ear was stunned at every blow.

"At the sallies of his sarcastic wit," Priestley declares, "all the members of the Council, the President himself not excepted, frequently laughed outright. No person belonging to the Council behaved with decent gravity, except Lord North, who, coming late, took his stand behind the chair opposite to me." Burke spoke of the attack on "Poor Dr. Franklin" as "beyond all bounds and decency," and the language, used by Lord Shelburne, in describing it to Lord Chatham, was hardly, if any, less emphatic. "The behavior of the Judges," he said, "exceeded, as was agreed on all hands, that of any committee of elections." Dunning's rejoinder to Wedderburn was wholly ineffective. His voice, always thick, was, from illness, feebler and huskier than usual even in his first address, and, exhausted as he was by standing for three hours in a room, in which no one was allowed to sit but the Privy Councillors themselves, who were supposed on such occasions to be the immediate representatives of the King, his second address was hardly audible. Lee was equally ineffective. Wedderburn's speech, therefore, which from a purely forensic point of view was really a masterpiece, was left to assert its full effect, to become the sensation of every Club in London, and to win the plaudit of every bigoted or unreflecting Englishman. "All men," Fox said, "tossed up their hats and clapped their hands in boundless delight at it."

What of Franklin during the malignant assault? The apartment, in which the hearing took place, was a small one. At one end, was an open fireplace, with a recess on each side of it. The Council table stretched from a point near this fireplace to the other end of the room. The Lord President sat at its head, and the other councillors were ranged in seats down its sides. Such spectators as had been able to secure the highly-prized privilege of being present remained standing throughout the session. In the chimney recess to the left of the President, stood Franklin with Burke and Priestley nearby. The dialectical ability and skill, which made his examination before the House of Commons so famous, he now had no opportunity to display; and unfailing fortitude was all that he could oppose to the outrage for which he had been singled out. With that, however, his uncommon strength of character abundantly supplied him.

The Doctor was dressed in a full dress suit of spotted Manchester velvet [Dr. Edward Bancroft wrote years afterwards to William Temple Franklin], and stood conspicuously erect, without the smallest movement of any part of his body. The muscles of his face had been previously composed, so as to afford a placid, tranquil expression of countenance, and he did not suffer the slightest alteration of it to appear during the continuance of the speech, in which he was so harshly and improperly treated. In short, to quote the words which he employed concerning himself on another occasion, he kept "his countenance as immovable as if his features had been made of wood."

Alone, in the recess on the left hand of the president, stood Benjamin Franklin [is the account of Bentham], in such position as not to be visible from the situation of the president, remaining the whole time like a rock, in the same posture, his head resting on his left hand; and in that attitude abiding the pelting of the pitiless storm.

Nothing but Jedburgh justice, of course, was to be expected from such a Committee in such a case, represented by such an advocate. Its report, dated the same day as its sitting, and as likely as not drafted beforehand, found that the letters had been surreptitiously obtained, and contained "nothing reprehensible"; that the petition was based on resolutions, formed on false and erroneous allegations; and was groundless, vexatious and scandalous; and calculated only for the seditious purpose of keeping up a spirit of clamor and discontent in the province; and that nothing had been laid before the Committee which did, or could, in their opinion, in any manner, or in any degree, impeach the honor, integrity, or conduct of the Governor or Lieutenant-Governor. Wherefore, the Lords of the Committee were humbly of the opinion that the petition ought to be dismissed. This recommendation was approved by the King, and an order was issued by him that the petition be dismissed, as answering the character imputed to it by the Committee. Nor did vengeance stop here. On the second day, after the Committee rose, Franklin was handed a communication from the Postmaster-General, informing him in brief terms that the King had "found it necessary" to dismiss him from the office of Deputy Postmaster-General in America.

In reporting the manner in which he had been affronted by the Privy Council to his Massachusetts constituents, Franklin used language in keeping with the sober spirit in which he had striven from the beginning to bring about an understanding between England and her Colonies.

What I feel on my own account [he said], is half lost in what I feel for the public. When I see, that all petitions and complaints of grievances are so odious to government, that even the mere pipe which conveys them becomes obnoxious, I am at a loss to know how peace and union are to be maintained or restored between the different parts of the empire. Grievances cannot be redressed unless they are known; and they cannot be known but through complaints and petitions. If these are deemed affronts, and the messengers punished as offenders, who will henceforth send petitions? And who will deliver them? It has been thought a dangerous thing in any state to stop up the vent of griefs. Wise governments have therefore generally received petitions with some indulgence, even when but slightly founded. Those, who think themselves injured by their rulers, are sometimes, by a mild and prudent answer, convinced of their error. But where complaining is a crime, hope becomes despair.

His fellow-Americans were not so self-restrained. The American Post Office was shunned by its former patrons, and letters were delivered largely by private agencies, effigies of Wedderburn and Hutchinson were carried about the streets of Philadelphia, and, at night, were burnt, we are told, by Joseph Reed, "with the usual ceremonies, amidst the acclamations of the multitude." "Nothing can exceed," the same narrator adds, "the veneration in which Dr. Franklin is now held, but the detestation we have of his enemies." Wedderburn, who had complained in his speech of the attention paid by the press to the movements of Franklin, as though he were a great diplomatic character, had more occasion than ever to sneer at his public prominence. Hutchinson was compelled to resign his office, and to retire from execration in America to a slender pension and obscurity in England. Even in England, Horace Walpole stayed the pen, to which we are indebted for so many charming letters, long enough to write:

Lord John Russell has said that it is "impossible to justify the conduct of Franklin" in the matter of the Hutchinson letters, and from time to time the same idea has been more or less hesitatingly advanced by others. Its justice, we confess, has never been apparent to us. That the letters did pass into the possession of Franklin, under the circumstances stated by him, which certainly do not reflect in any manner upon his honor, can hardly be doubted, unless mere suspicion is to give the lie to a life of uniform integrity. The mode, in which they were transmitted to America, under the restrictions imposed by him, was attended with so little regard to secrecy, so far as his connection with them was concerned, that Dr. Cooper wrote to him, "I can not, however, but admire your honest openness in this affair, and noble negligence of any inconveniences that might arise to yourself in this essential service to our injured country." It was not until the letters had been printed in America, contrary to his engagement with the gentleman, who had handed them to him, that he expressed the wish to Dr. Cooper that the fact of his having sent them should be kept secret, and not then until his inclinations on the subject were pointedly sounded by Dr. Cooper. As soon as they threatened to cause bloodshed, which he had a chance to avert, he made his connection with them public, and assumed the full responsibility for his act. Moreover, he truly said of the letters, when he assumed this responsibility in his communication to the Public Advertiser, "They were not of the nature of private letters between friends. They were written by public officers to persons in public stations, on public affairs, and intended to procure public measures; they were therefore handed to other public persons, who might be influenced by them to produce those measures." Little can be added to this convincing statement. If a political agent of England in Boston had, under the same circumstances, come into possession of letters from English officials in England to Cushing or Dr. Cooper, revealing a deliberate intent on the part of the writers to initiate measures aimed at the just prerogatives of the Crown or Parliament, who would have thought the worse of him if he had transmitted them to King or Parliament? Were letters designed to help along the introduction of a military force into Boston for the purpose of abridging the political liberties of its people entitled to any higher degree of privacy? The accusation that Franklin had violated the confidence of private correspondence came with but poor grace, to say the least, from a Government which made a practice of breaking the seals of letters, and of no letters oftener than of those of Franklin, entrusted to its care. Indeed, not only were the seals of Franklin's letters frequently broken, and the letters read, but, in some instances, the letters were permanently retained by the English Government.

It was the fashion in England for a long time to ascribe the intense resentment felt by Franklin against England, after war broke out between that country and the colonies, to the indignity to which he was subjected by the Privy Council, and his dismission from office. The statement is not supported by the facts. That these circumstances made a deep impression upon his mind is undeniable, but it was really not until he found himself in America in 1775 that he gave himself up to the conclusion that nothing was to be gained by his remaining longer in England. After his removal from office, he still counselled his correspondents in America to adhere to a policy of patience and self-restraint, and in a letter to Thomas Cushing and others, written only a few days after the hearing at the Cockpit, he termed the destruction of the tea at Boston an unwarrantable destruction of private property and "an Act of violent Injustice." To all the efforts of Lord Chatham and his high-minded associates, after this hearing, to bring about a reconciliation between England and America, he lent the full weight of his advice and experience. And, when some of the members of the British Ministry, after it, ashamed to deal with him directly, covertly opened up an interchange of proposals with him through David Barclay, Dr. Fothergill and Lord Howe, in regard to the terms upon which a reconciliation might still be reached, he entered into the negotiations with a spirit singularly free from personal bitterness. There are few things more pathetic in the history of sundered ties than the account that Priestley has given us of the last days that Franklin spent in England in 1775. "A great part of the day above-mentioned that we spent together," Priestley tells us, "he was looking over a number of American newspapers, directing me what to extract from them for the English ones; and in reading them, he was frequently not able to proceed for the tears literally running down his cheeks." These, however, were not womanish tears, but rather such iron tears as ran down Pluto's cheeks. Never was there a time after the heart of America was laid bare to Franklin by the remonstrance against the Stamp Act when he was not unflinchingly prepared, if the painful necessity was forced upon him, to unite with his countrymen in defying the armed power of England. As the fateful issue of the protracted controversy approached nearer and nearer, his language became bolder and bolder.

The eyes of all Christendom [he wrote to James Bowdoin a few days before he left England in 1775], are now upon us, and our honour as a people is become a matter of the utmost consequence to be taken care of. If we tamely give up our rights in this contest, a century to come will not restore us in the opinion of the world; we shall be stamped with the character of dastards, poltrons and fools; and be despised and trampled upon, not by this haughty, insolent nation only, but by all mankind. Present inconveniences are, therefore, to be borne with fortitude, and better times expected.

When he reached the shores of his native land, it was to hear that, while he was at sea, the battles of Lexington and Concord had been fought, and that the veins of the two countries, which he had striven so hard to keep closed, were already open and running.[27]

From that day, Franklin took his place with Washington, the Adamses, Jefferson and Patrick Henry as an inflexible champion of armed resistance to England. If he humored the more timid patriots, who were disposed to make still further appeals to English generosity, it was not because he shared their fallacious hopes but because he did not wish one column of the revolutionary movement to get too far in advance of the other. At this period of his life, his reputation was already very great. The English Tories believed or affected to believe that he was the father of all the mischief responsible for the American crisis. The English Whigs leaned upon his advice and assistance as those of a man who had the welfare of the entire British Empire deeply at heart. How he was regarded at home, is well illustrated in what General Nathanael Greene and Abigail Adams had to say of him when he subsequently visited Washington's head-quarters during the siege of Boston as a member of the Committee appointed by Congress to confer with Washington and delegates from the New England Colonies as to the best plan for raising, maintaining and disciplining the continental army. Recalling an occasion at this time, when Franklin had been brought under his observation, Greene wrote, "During the whole evening, I viewed that very great man with silent admiration." The language of Abigail Adams was not less intense.

I had the pleasure of dining with Dr. Franklin [she said], and of admiring him, whose character from my infancy I had been taught to venerate. I found him social but not talkative; and, when he spoke, something useful dropped from his tongue. He was grave, yet pleasant and affable. You know I make some pretensions to physiognomy, and I thought I could read in his countenance the virtues of his heart, among which, patriotism shone in its full lustre: and with that is blended every virtue of a Christian.

Those were dramatic hours when highly wrought feelings readily ran into hyperbole; nor had any Madame Helvétius come along yet with her "Hélas! Franklin," and disordered skirts.

The reputation, which called forth these tributes, brought Franklin at once to the very forefront of the American Revolution, when he arrived at Philadelphia. The morning after his arrival, he, Thomas Willing and James Wilson, were elected by the Assembly of Pennsylvania as additional deputies to the Continental Congress that was to meet in Philadelphia in a few days, and he was re-elected to Congress at every succeeding election until his departure for France. By the first Congress, he was appointed Chairman of a Committee to devise a postal system for America; and when this Committee recommended the appointment of a Postmaster-General and various postal subordinates, and the establishment of a line of posts from Falmouth (now Portland) in Maine to Savannah, with as many cross posts as the Postmaster-General might think fit, Franklin was elected by Congress the Postmaster-General for the first year. He was also appointed by Congress one of the members of a committee to draw up a declaration, to be published by Washington when he took command of the American army, but the paper drafted by him does not appear to have ever been presented by him to Congress. At any rate, it adds nothing to his literary reputation, and is disfigured by one of the unseasonable facetiæ into which he had a way of wandering at times on grave occasions, after he found his feet again in the easy slippers of his old American environment.

Franklin also made some wise suggestions to Congress with respect to the best method of preventing the depreciation of the paper money issued by it. His first suggestion was that the bills should bear interest. This suggestion was rejected. His next was that, instead of the issuance of any more paper money, what had already been issued should be borrowed back upon interest. His last was that the interest should be paid in hard money, but both of the latter suggestions, though approved by Congress, were approved too late to accomplish their objects. After due tenderness had been exhibited by him to John Dickinson and the other members of Congress, who still clung to the hope of a reconciliation with England, Franklin brought forward a plan for the permanent union and efficient government of the Colonies. Under this plan each colony was to retain its internal independence, but its external relations, especially as respected resistance to the measures of the English Ministry, were committed to an annually-elected Congress. The supreme executive authority of the union was to be vested in a council of twelve, to be elected by the Congress. Ireland, Canada, the West Indies, Bermuda, Nova Scotia and Florida as well as the thirteen colonies within the present limits of the United States, were to be invited to join the confederacy. The union was to last until British oppression ceased, and reparation was made to the Colonies for the injuries inflicted upon them; which, of course, under the circumstances, meant until the Greek Calends. The plan was referred to a committee, but it was never acted upon by the House; being too bold a project to suit the cautious scruples of John Dickinson and the other moderate members of the Continental Congress, who dreaded the effect of a project of union upon the mind of the King, while the petition of Congress to him was pending. Among other important committees upon which Franklin served, when a member of the first Continental Congress, was one to investigate the sources of saltpetre; another to treat with the Indians; another to look after the engraving and printing of the continental paper money; another to consider Lord North's conciliatory resolution; another on salt and lead; and still another to report a plan for regulating and protecting the commerce of the Colonies. At the next session of the Congress, he was equally active. Among the things in which we find him engaged at this session, are the arrangement of a system of posts and expresses for the rapid transmission of dispatches; the establishment of a line of packets between America and Europe; an effort to promote the circulation of the continental money; and the preparation of instructions for the American generals. It was at this session of Congress, too, that Thomas Lynch, of South Carolina, Benjamin Harrison, of Virginia, and himself were appointed the committee to visit Washington's camp before Boston. The journey to Boston consumed thirteen days, and the conference, which followed with the American Commander-in-Chief and the delegates from the New England Colonies, resulted in many judicious conclusions with regard to the organization of the American army, and the conduct of the war, and, moreover, was an additional assurance to Washington and New England that, in the military operations before Boston, they could count upon the support of all America. It is obvious enough from writings, found among the papers of Franklin in his handwriting, that months before the Declaration of Independence was signed he was fully ready to renounce all allegiance to Great Britain. When the more conservative members of Congress so far yielded to their fears as to adopt, with the aid of some of the members from New England, a declaration that independence was not their aim, Franklin approved a plan then formed by Samuel Adams of bringing at least all the New England provinces together in a confederacy. "If you succeed," he said to Adams, "I will cast in my lot among you." This was six months before the adoption of the Declaration of Independence. Franklin also served with John Jay and Thomas Jefferson upon a committee to interview a mysterious foreigner who had repeatedly expressed a desire to make a confidential communication to Congress. The stranger, who possessed a military bearing and spoke with a French accent, assured the committee that his most Christian Majesty, the King of France, had heard with pleasure of the exertions made by the American Colonies in defence of their rights and privileges, wished them success, and would, when necessary, manifest in a more open manner his friendly sentiments towards them. But, as often as he was asked by the committee for his authority for conveying such flattering assurances, he contented himself with drawing his hand across his throat, and saying, "Gentlemen, I shall take care of my head."

When the report of this committee was made to Congress, a motion on the strength of it to send envoys to France was defeated, but later a committee composed of Benjamin Harrison, John Dickinson, Thomas Johnson, John Jay and Franklin was appointed "to correspond secretly with friends in Great Britain, Ireland, and other parts of the world." The duties of this committee were mainly discharged by Franklin, who had, as we have seen, contracted many durable friendships abroad with men whose aid might mean much to America. To Charles W. F. Dumas, a native of Switzerland, residing at The Hague, he wrote, asking him to sound secretly the ambassadors of the different Powers, other than Great Britain, there for the purpose of ascertaining whether any of their courts were inclined to aid the Colonies or to form alliances with them, to let the mercantile world know that America was prepared to pay very high prices for arms, gunpowder and saltpetre, to send to America two engineer officers qualified to direct siege operations, construct forts and field-works and command artillery, and to receive and forward all letters that passed between the committee and its friends and agents abroad. A draft for one hundred pounds sterling accompanied the letter, together with an assurance from the committee that Dumas' services would be "considered and honorably rewarded by Congress." A similar letter was sent to Arthur Lee in London, accompanied by a remittance of two hundred pounds as his compensation. By the same ship went a letter from Franklin to Don Gabriel de Bourbon of Spain, in which, after thanking the Prince for the copy which he had sent him of the handsome Sallust, printed several years before at the royal press at Madrid, Franklin cleverly leads the attention of the Prince on to the consideration of a rising state which seemed likely soon to act a part of some importance on the stage of human affairs, and to furnish materials for a future Sallust. This letter, in which literary sympathy, the high-bred courtesy of a Spanish hidalgo and political address are mingled with the happiest effect, is a good example of what it meant to America to have such a man as Franklin as her world-interpreter. These letters were all entrusted to the care of a special messenger, Thomas Story. Soon after he left America, M. Penet, a merchant of Nantes, sailed for France with a contract from the committee for furnishing arms, ammunition and clothing to the American army and various letters from Franklin to friends of his in France, including his devoted pupil, Dr. Dubourg. Subsequently, before a reply had been received to any of the letters written by Franklin on its behalf, the committee decided to send an agent to Paris duly empowered to treat with the French King. Silas Deane, a Yale graduate, and a man, who might have left an unblemished reputation as an American patriot behind him, if Arthur Lee had not hounded him out of France and America into England, was selected for this mission. He was selected, Adams is so unkind as to intimate, because he was a Congressman who had lost his seat in Congress. For him Franklin drew up a letter of instruction, fixing the character that he was to assume, that of a merchant, when he reached France, mentioning the persons friendly to America with whom he was to establish a familiar intercourse, and prescribing the manner in which he was to approach M. de Vergennes, the French Minister, for the purpose of soliciting the friendship and assistance of France.

Another important call was made upon the services of Franklin, when with Samuel Chase and Charles Carroll of Carrollton, as his colleagues, he was appointed by Congress to visit Canada, and to endeavor to rescue our affairs in that country from the lamentable condition of confusion and distress into which they had fallen. Quebec had been assaulted by Montgomery and Arnold, and had repelled the assault, Montgomery being killed and Arnold wounded in the attempt, and the American army was wasting away in the face of the intense cold, hunger and the small-pox. For the Continental paper money the Canadians had come to entertain a supreme contempt, and their attitude towards the Americans, with whom they had so often been at war in their earlier history, was in every respect that of distrust and aversion. With the committee went John Carroll, the brother of Charles Carroll of Carrollton, who had been educated for the priesthood in France, and spoke its language with perfect fluency. It was thought at the time that for the Commission to take with it to Catholic and French Canada such a companion was a masterly stroke of policy. The powers, with which the Commission were clothed, were of a plenary description; to admit Canada into the union of the Colonies, when brought over to the American cause by the appeals of the Commissioners, and to admit it with a republican form of government, to settle disputes between the civil and military authorities in Canada, and to exercise an extraordinary degree of authority in one form or another with respect to the military forces of America there. They were even to take steps to establish a newspaper in Canada to help along the American propaganda.

Of all the episodes in the life of Franklin, this is the one upon which the reader dwells with the least satisfaction. He was entirely too old for the fatigues and hardships of the long April journey of five hundred miles from Philadelphia to New York, and up the Hudson, and over Lakes George and Champlain, and across the country at the head of Lake Champlain to Montreal. The distance between Philadelphia and New York was covered by the party in two days, the journey up the Hudson to Albany was made in a sloop, engaged for them by Lord Stirling, and from Albany to the country seat of General Philip Schuyler at Saratoga, thirty-two miles from Albany, they were conveyed over deep roads in a large country-wagon furnished by the General. Here it was that Franklin, debilitated by the exposure and shocks, to which his frame had been subjected, began to apprehend that he had undertaken a fatigue which, at his time of life, might prove too much for him, and sat down to write to some of his friends by way of farewell. After a few days' rest at Saratoga, the party, preceded by General Schuyler, went forward to Lake George. Though it was the middle of April, the lakes of that country were still covered with ice, and the roads with six inches of snow. After two days and a half of further travel, the southern end of the lake was reached. So encumbered with ice was it that the batteau, equipped with an awning for a cabin, with which General Schuyler had provided the party, took about thirty-six hours to traverse the thirty-six miles between the southern extremity of the lake and its northern. Then came the portage over the neck of land between Lake George and Lake Champlain, and the re-embarkation, after a delay of five days, on the waters of the latter lake. The portage was effected by placing the batteau on wheels and yoking it up to a string of oxen. Three days and a half more brought the party to St. John's, near the head of Lake Champlain, after a strenuous struggle with baffling ice and head winds. Another day's journey in calèches brought them to Montreal where they were received by Arnold and a concourse of officers and citizens, and saluted with military honors.

It is enough to say that the Commissioners found American credit in Canada sunk to the lowest point. Even the express, sent by them from St. John's to tell Arnold of their arrival at that point, was held at a ferry for the ferriage charge until a friend, who was passing, changed an American paper dollar for him into silver; nor would the calèches have come for the Commissioners if this friend had not engaged to pay the hire. Military defeat, violated contracts, discredited paper money and the anticipated coming of a British force overhung like a bank of nimbus cloud the entire horizon of American hopes in Canada. The Commissioners could not borrow money either upon the public or upon their own private credit. In a letter to Congress after they had been in Canada a week, they declared that, if money could not be had to support the American army in Canada with honor, so as to be respected instead of being hated by the people, it was their firm and unanimous opinion that it would be better to immediately withdraw it. With his usual public spirit, Franklin advanced on the credit of Congress to Arnold and other servants of Congress three hundred and fifty-three pounds in gold out of his own pocket—a loan which proved of great service in procuring provisions for the American army at a time of dire necessity. Two days after the letter of the Commissioners to Congress was written, news came to Montreal that a British fleet, full of troops, had reached Quebec, and landed a force, which had routed the small American army there. The decision was at once reached that there was nothing for the American forces to do but to retire to St. John's, and to prepare to resist at that point the advance of the British. This decision was acted upon at once, and the next morning Franklin, attended by John Carroll, set out on his return to Philadelphia; leaving his fellow-commissioners to oversee the retreat to St. John's and the establishment of defensive works at that point. With the assistance of General Schuyler, he and his companion passed safely down the lakes to Albany, and from Albany, after they had again enjoyed the General's hospitality, they were conveyed by his chariot to New York. Here Franklin wrote to his fellow-commissioners that he grew daily more feeble, and thought that he could hardly have got along so far but for Mr. Carroll's friendly assistance and tender care of him. Some symptoms of the gout, he further said, had appeared, which made him believe that his indisposition had been a smothered fit of that disorder, which his constitution wanted strength to form completely. But, with the reappearance of his old malady, came back the wit which, indeed, seems to have languished but little at any time under the rigors of his arduous mission. After congratulating Samuel Chase and Charles Carroll upon the recent capture of a British prize, loaded with seventy-five tons of gunpowder and a thousand carbines with bayonets, he further wrote: "The German Auxiliaries are certainly coming. It is our Business to prevent their Returning."

In the early part of June, Franklin was again in Philadelphia after an absence of about ten weeks. A little later the Declaration of Independence was reported to Congress by the committee, consisting of Thomas Jefferson, John Adams, Robert R. Livingston, Roger Sherman and himself, which had been elected by Congress to draft it, and after a debate, during which John Adams won only less reputation in defending, than Jefferson in writing, it, was adopted and given to the world, whose political opinions it was to influence so profoundly. Owing to a serious attack of the gout, Franklin had no hand in its preparation beyond suggesting a few verbal alterations. His part, however, in the adoption of the Articles of Confederation was more active. To the plan of allowing the thirteen States to vote on all questions by States, and of giving to each State, without reference to population or wealth, a single vote, he was strongly opposed; so much so that he even thought at one time of counselling Pennsylvania not to enter into the union if the plan was adopted. He hotly declared that a confederation upon such iniquitous terms would not last long. But we know from what Jefferson tells us that he also had his humorous fling at it. "At the time of the union of England and Scotland," he said, "the Duke of Argyle was most violently opposed to that measure, and among other things predicted that, as the whale had swallowed Jonah, so Scotland would be swallowed by England." "However," added Franklin, "when Lord Bute came into the government, he soon brought into its administration so many of his countrymen that it was found, in event, that Jonah had swallowed the whale."

About the same time, Franklin, Jefferson and John Adams were appointed a committee by Congress to hit upon a device for the seal of the Confederacy. No more congenial task could possibly have been set for Franklin, whose ingenuity always revelled in conceits of this kind. A device, based upon the drowning of Pharaoh, and accompanied by the motto, "Rebellion to tyrants is obedience to God," was suggested by him, and was made by the Committee, together with the Eye of Providence in a radiant triangle, the motto, E Pluribus Unum, and other elaborate features a part of its recommendation. As soon as Franklin was safely out of the country in France, Congress, perhaps not forgetting his story of John Thompson, the hatter, rejected as too redundant the entire complicated design except the E Pluribus Unum and the Eye of Providence.

In the summer of 1776, Franklin also endeavored to carry out in another form his idea of preventing the Hessians from returning to their own country by assisting in distributing among them tobacco wrapped in copies of an address offering in the name of Congress a tract of land to every soldier who should desert the British service. Congress could not see why, if these hirelings were to be sold, they should not do the selling themselves instead of their Princes.

It was in the summer of 1776, too, that Franklin, John Adams and Edward Rutledge, of South Carolina, were elected a committee by Congress to call upon Lord Howe at Staten Island for the purpose of ascertaining whether he had any authority to negotiate a treaty of peace, and, if so, of learning what that authority was, and of receiving such propositions as he should think fit to make. Lord Howe was at the time the Admiral of the King's naval forces in America and joint commissioner with his brother General William Howe to grant pardons to such of the American rebels as should be ready to renew their allegiance to the King. On his arrival in July, 1776, at Sandy Hook, he had taken steps to distribute throughout the Colonies a declaration explaining the nature of the commission committed to his brother and himself. At the same time, he had written a letter to Franklin indicating his earnest desire to be instrumental in restoring peace between England and America. The same carrier delivered a copy of the declaration to Congress and the letter to Franklin. Both the declaration and the letter were given rude rebuffs. Congress ordered the declaration to be inserted in the newspapers so that, as it said, the few, who still remained suspended by a hope, founded either in the justice or moderation of their late King, might now at length be convinced that the valor alone of their country was to save its liberties. Franklin, after obtaining the permission of Congress, sent a reply to Lord Howe's letter by the hand of Colonel Palfrey of the American army. It is one of the best letters that he ever wrote, and told Lord Howe such blunt truths, and gave him such candid advice that, after reading it with surprise repeatedly flitting over his face, Lord Howe remarked to Colonel Palfrey with a gentleness as honorable to his amiable character as to that of Franklin that his old friend had expressed himself very warmly. Then subsequently had followed the disaster on Long Island, and the arrival of General Sullivan on parole at Philadelphia with a verbal message from Lord Howe to Congress, stating that he would like to confer with some of its members as private individuals though he could not yet treat with Congress itself. The result was the appointment of the committee to call upon him at Staten Island. The conference between the committee and Lord Howe took place at a house on that island and came to nothing. The committee had no authority to do anything except to receive proposals from Lord Howe, who really had no seasonable proposition to make, and Lord Howe had no authority to do anything except to grant pardons to persons who were not conscious of having committed any offence. When he stated in polite terms that he could not confer with the members of the committee as a committee of Congress but only as gentlemen of great ability and influence in the colonies, Adams declared in his emphatic way that he was willing to consider himself for a few moments in any character which would be agreeable to his Lordship except that of a British subject. "Mr. Adams," gravely observed Lord Howe, "is a decided character." All three of the Commissioners one by one made it clear to Lord Howe that the colonies were irrevocably committed to Independence. There was, therefore, nothing for him to do except to say in the end, "I am sorry, gentlemen, that you have had the trouble of coming so far to so little purpose." Minutes of this interesting conference were jotted down by Henry Strachey, Lord Howe's Secretary, and he has recorded two highly characteristic utterances of Franklin on the occasion. Such, Lord Howe declared, were his feelings towards America, on account of the honor conferred upon his family, by its recognition of the services rendered to it by his eldest brother (Viscount Howe), that, if America should fall, he would feel and lament it like the loss of a brother. Franklin's answer to this generous outburst is thus recorded by Strachey. "Dr. Franklin (with an easy air, a collected countenance, a bow, a smile, and all that naïveté which sometimes appeared in his conversation and often in his writings), My Lord, we will use our utmost endeavors to save your Lordship that mortification." Later, when Lord Howe assured Franklin that it was the commerce, the strength, the men of America rather than her money that Great Britain wanted, Franklin, ever alive to the military advantage possessed by the Colonies in the amazing capacity for reproduction of their people, replied, "Ay, My Lord, we have in America a pretty considerable manufactory of men." Strachey supposed that he meant to convey by this remark the impression that the American army was a large one, but Lord Howe knew Franklin's turn of mind better, and penciled on the margin of Strachey's manuscript, "No; their increasing population."