Benjamin Franklin; Self-Revealed, Volume 2 (of 2). Bruce Wiliam Cabell

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СКАЧАТЬ intended to make the King's instructions laws in the Colonies, but that the clause had been stricken out of it by the House of Commons. For this, he said, the Colonies adored the Commons, as their friends and the friends of liberty, until it afterwards seemed as if they had refused the point of sovereignty to the King only that they might reserve it for themselves.

      A meeting between the Proprietaries and Franklin was arranged by Doctor Fothergill. It assumed the form that such meetings are apt to assume, that is of mutual professions of an earnest desire to agree, repetition of the old antagonistic reasonings and a disagreement as stubborn as before. However, it was agreed that Franklin should reduce the complaints against the Proprietaries to writing, and that the Proprietaries were to consider them. When the paper was drawn, they submitted it to their solicitor, Ferdinand John Paris, who had represented them in the celebrated litigation between the Penns and the Lords Baltimore over the boundary line between Pennsylvania and Maryland, and had written all their papers and messages in their disputes with the Pennsylvania Assembly. "He was," says Franklin, "a proud, angry man, and as I had occasionally in the answers of the Assembly treated his papers with some severity, they being really weak in point of argument and haughty in expression, he had conceived a mortal enmity to me." With Paris, Franklin refused to discuss the points of his paper, and the Proprietaries then, on the advice of Paris, placed it in the hands of the Attorney- and Solicitor-Generals for their opinion and advice. By them no answer was given for nearly a year, though Franklin frequently called upon the Proprietaries for an answer only to be told that they had not yet received the opinion of their learned advisers. What the opinion was when it was finally rendered the Proprietaries did not let Franklin know, but instead addressed a long communication, drawn and signed by Paris, to the Assembly, reciting the contents of Franklin's paper, complaining of its lack of formality as rudeness, and justifying their conduct. They would be willing, they said, to compose the dispute, if the Assembly would send out some person of candor to treat with them. Franklin supposed that the incivility imputed to him consisted in the fact that he had not addressed the Proprietaries by their assumed title of True and Absolute Proprietaries of the Province of Pennsylvania.

      The letter of the Proprietaries was not answered by the Assembly. While they were pretending to treat with Franklin, Governor Denny had been unable to withstand the pressure of his situation, and, at the request of Lord Loudon, had approved an act subjecting the estates of the Penns to taxation. When this Act was transmitted to England, the Proprietaries, upon the advice of Paris, petitioned the King to withhold his assent from it, and, when the petition came on for hearing, the parties were represented by counsel. On the one hand it was contended that the purpose of the Act was to impose an oppressive burden upon the Proprietary estates, and that the assessment under it would be so unequal because of the popular prejudice against the Penns that they would be ruined. To this it was replied that the Act was not conceived with any such purpose, and would not have any such effect, that the assessors were honest and discreet men under oath, and that any advantage that might inure to them individually from over-assessing the property of the Proprietaries would be too trifling to induce them to perjure themselves. It was also urged in opposition to the petition that the money, for which the Act provided, had been printed and issued, and was now in the hands of the inhabitants of the Province, and would be deprived of all value, to their great injury, if the Act did not receive the royal assent merely because of the selfish and groundless fears of the Proprietaries. At this point, Lord Mansfield, one of the counsel for the Proprietaries, led Franklin off into a room nearby, while the other lawyers were still pleading, and asked him if he was really of the opinion that the Proprietary estate would not be unfairly taxed if the Act was executed. "Certainly," said Franklin. "Then," said he, "you can have little objection to enter into an engagement to assure that point." "None at all," replied Franklin. Paris was then called in, and, after some discussion, a paper, such as Lord Mansfield suggested, was drawn up and signed by Franklin and Mr. Charles, who was the agent of Pennsylvania for ordinary purposes, and the law was given the royal assent with the further engagement, upon the part of Franklin and Mr. Charles, that it should be amended in certain respects by subsequent legislation. This legislation, however, the Assembly afterwards declined to enact when a committee, appointed by it, upon which it was careful to place several close friends of the Proprietaries, brought in an unanimous report stating that the yearly tax levied before the order of the Council reached Pennsylvania had been imposed with perfect fairness as between the Proprietaries and the other tax-payers.

      In the most important respect, therefore, Franklin's mission to England had resulted in success. The principle was established by the Crown that the estate of the Proprietaries was subject to taxation equally with that of the humblest citizen of Pennsylvania; and the credit of the paper money, then scattered throughout the province, was saved. The Assembly rewarded its servant, when he returned to Pennsylvania, with its formal thanks and the sum of three thousand pounds. He responded in the happy terms which he always had at his command on occasions of this sort. "He made answer," says the official report, "that he was thankful to the House, for the very handsome and generous Allowance they had been pleased to make him for his Services; but that the Approbation of this House was, in his Estimation, far above every other kind of Recompense."

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

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

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

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

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