Chapter XII: Introduction (9)

[110] The case of the court erected by act of parliament 11 and 12th of William III. c. 7, (since the enacting of the habeas corpus act) for the trial of piracies, felonies and robberies committed in or upon the sea, or in any haven, river, creek or place _where the admiral has jurisdiction_, does no way affect this position: nor doth the 14 § of the said statute, directing that the commissioners, of whom such court consists, may issue their warrant for apprehending such pirates, &c. in order to their being tried in the colonies, or _sent into England_, any way militate with the doctrine here laid down: nor can it be applied as _the case of a jurisdiction actually existing_, which supersedes the jurisdictions of the courts in the colonies and plantations, and as what authorises the taking the accused of such piracies &c. _from those jurisdictions_, and the sending such _so taken_ to England for trial.--It cannot be applied as a case similar and in point to the application of an act of parliament (passed in the 35th of Henry VIII. concerning the _trial of treasons_) lately recommended in order to the sending persons accused of committing crimes in the plantations to England for trial: because this act of the 11th and 12th of William, c. 7, respects _crimes_ committed in places, "_where the admiral has jurisdiction_," and _cases_ to which the jurisdiction of those provincial courts _do not extend_. In the _case of treasons committed within the jurisdiction of the colonies and plantations_, there are courts competent to try such crimes and to give judgment thereupon, where the trials of such are regulated by laws to which the king hath given his consent: from which there lies no appeal, and wherein the king hath given power and instruction to his governor as to execution or respite of judgment. The said act of Henry VIII, which provides remedy for a case which supposes _the want_ of due legal jurisdiction, cannot be any way, or by any rule, applied to a case where there _is_ due legal and competent jurisdiction.

[111] [The] referring to an old act made for the trial of treasons committed out of the realm, by such persons as had no legal resiancy but within the realm, and who were of the realm, applying the purview of that statute, which was made to bring subjects of the realm who had committed treason out of the realm (where there was _no criminal jurisdiction to which they could be amenable_) to trial within the realm, under that criminal jurisdiction to which alone by their legal resiancy and allegiance they were amenable; applying this to the case of subjects whose _legal_ resiancy is _without_ the realm, and who are by that resiancy and their allegiance amenable to a jurisdiction authorized and empowered to try and give judgment upon all capital offences whatsoever without appeal; thus applying this statute so as to take up a proceeding, for which there is no legal process either by common or statute law as now established, but in defiance of which there is a legal process established by the habeas corpus act;----would be, to disfranchise the subject in America of those rights and liberties which by statute and common law he is now entitled to.

[112] 13th and 14th Car. II. c. 2.

[113] If the king was to absent himself for a time from the realm, and did as usual leave a regency in his place, (his locum tenens as supreme civil magistrate) could he authorize and commission any military commander in chief to command the militia forts and forces, _independent of such regency_? Could he do this in Ireland? Could he do this in the colonies and plantations, where the governor is already, by commission or charter or both under the great seal, military commander in chief, as part of (and inseparably annexed to) the office of supreme civil magistrate, his majesty's locum tenens within said jurisdictions? If he could, then, while openly, by patent according to law, he appeared to establish a free British constitution, he might by a fallacy establish a military power and government.

[114] Governor P. accompanied this paper to Dr. F. with a sort of prophetic remark. After stating, that these theorems, and their application to existing cases, were intended to remedy the prejudice, indigestion, indecision and errors, then prevailing either in opinions or conduct; he adds, "the very attention to the investigation may lead to the discovery of _some truths respecting the whole British empire_, then little thought of and scarce even suspected, and which perhaps it would not be _prudent_ at this time to mark and point out."--The minister however judged the _discussion_ of _dubious_ rights over growing states, a better policy than possession, discretion and silence; he turned civilian, and lost an empire. B. V.

TO MR. DUBOURG.

_Concerning the Dissentions between England and America._[115]

_London, October 2, 1770._

I see with pleasure that we think pretty much alike on the subjects of English America. We of the colonies have never insisted, that we ought to be exempt from contributing to the common expences necessary to support the prosperity of the empire. We only assert, that having parliaments of our own, and not having representatives in that of Great Britain, our parliaments are the only judges of what we can and what we ought to contribute in this case; and that the English parliament has no right to take our money without our consent. In fact, the British empire is not a single state; it comprehends many; and though the parliament of Great Britain has arrogated to itself the power of taxing the colonies, it has no more right to do so, than it has to tax Hanover. We have the same king, but not the same legislatures.

The dispute between the two countries has already cost England many millions sterling, which it has lost in its commerce, and America has in this respect been a proportionable gainer. This commerce consisted principally of superfluities; objects of luxury and fashion, which we can well do without; and the resolution we have formed, of importing no more till our grievances are redressed, has enabled many of our infant manufactures to take root; and it will not be easy to make our people abandon them in future, even should a connection more cordial than ever succeed the present troubles. I have indeed no doubt, that the parliament of England will finally abandon its present pretensions, and leave us to the peaceable enjoyment of our rights and privileges.

B. FRANKLIN.

FOOTNOTE:

[115] Re-translated from the French edition of Dr. Franklin's works. _Editor._

_A Prussian Edict, assuming Claims over Britain._

_Dantzick, Sept. 5, 1773._[116]

We have long wondered here at the supineness of the English nation, under the Prussian impositions upon its trade entering our port. We did not, till lately, know the claims, ancient and modern, that hang over that nation, and therefore could not suspect, that it might submit to those impositions from a sense of duty, or from principles of equity. The following edict, just made public, may, if serious, throw some light upon this matter:

"FREDERICK, by the grace of God, king of Prussia &c. &c. &c. to all present and to come,[117] health. The peace now enjoyed throughout our dominions, having afforded us leisure to apply ourselves to the regulation of commerce, the improvement of our finances, and at the same time the easing our _domestic_ subjects in their taxes: for these causes, and other good considerations us thereunto moving, we hereby make known, that, after having deliberated these affairs in our council, present our dear brothers, and other great officers of the state, members of the same; we, of our certain knowledge, full power, and authority royal, have made and issued this present edict, viz.

"Whereas it is well known to all the world, that the first German settlements made in the island of Britain, were by colonies of people, subjects to our renowned ducal ancestors, and drawn from their dominions, under the conduct of Hengist, Horsa, Hella, Uffa, Cerdicus, Ida, and others; and that the said colonies have flourished under the protection of our august house, for ages past, have never been emancipated therefrom, and yet have hitherto yielded little profit to the same: and whereas we ourself have in the last war fought for and defended the said colonies, against the power of France, and thereby enabled them to make conquests from the said power in America, for which we have not yet received adequate compensation: and whereas it is just and expedient that a revenue should be raised from the said colonies in Britain towards our indemnification; and that those who are descendants of our ancient subjects, and thence still owe us due obedience, should contribute to the replenishing of our royal coffers: (as they must have done, had their ancestors remained in the territories now to us appertaining) we do therefore hereby ordain and command, that, from and after the date of these presents, there shall be levied and paid to our officers of the _customs_, on all goods, wares, and merchandizes, and on all grain and other produce of the earth, exported from the said island of Britain, and on all goods of whatever kind imported into the same, a duty of four and a half per cent ad valorem, for the use of us and our successors.--And that the said duty may more effectually be collected, we do hereby ordain, that all ships or vessels bound from Great Britain to any other part of the world, or from any other part of the world to Great Britain, shall in their respective voyages touch at our port of Koningsberg, there to be unladen, searched, and charged with the said duties.

"And whereas there hath been from time to time discovered in the said island of Great Britain, by our colonists there, many mines or beds of _iron_-stone; and sundry subjects of our ancient dominion, skilful in converting the said stone into metal, have in time past transported themselves thither, carrying with them and communicating that art; and the inhabitants of the said island, presuming that they had a natural right to make the best use they could of the natural productions of their country, for their own benefit, have not only built furnaces for smelting the said stone into iron, but have erected plating-forges, slitting-mills, and steel-furnaces, for the more convenient manufacturing of the same, thereby endangering a diminution of the said manufacture in our ancient dominion; we do therefore hereby farther ordain, that, from and after the date hereof, no mill or other engine for slitting or rolling of iron, or any plating-forge to work with a tilt-hammer, or any furnace for making steel, shall be erected or continued in the said island of Great Britain: and the lord lieutenant of every county in the said island is hereby commanded, on information of any such erection within his county, to order, and by force to cause the same to be abated and destroyed, as he shall answer the neglect thereof to us at his peril. But we are nevertheless graciously pleased to permit the inhabitants of the said island to transport their iron into Prussia, there to be manufactured, and to them returned, they paying our Prussian subjects for the workmanship, with all the costs of commission, freight, and risk, coming and returning; any thing herein contained to the contrary notwithstanding.

"We do not, however, think fit to extend this our indulgence to the article of _wool_; but meaning to encourage not only the manufacturing of woollen cloth, but also the raising of wool in our ancient dominions, and to prevent both, as much as may be, in our said island, we do hereby absolutely forbid the transportation of wool from thence even to the mother-country, Prussia: and that those islanders may be farther and more effectually restrained in making any advantage of their own wool, in the way of manufacture, we command, that none shall be carried out of one country into another; nor shall any worsted, bay, or woollen-yarn, cloth, says, bays, kerseys, serges, frizes, druggets, cloth-serges, shalloons, or any other drapery stuffs or woollen manufactures whatsoever, made up or mixed with wool in any of the said counties, be carried into any other county, or be water-borne even across the smallest river or creek, on penalty of forfeiture of the same, together, with the boats, carriages, horses, &c. that shall be employed in removing them.--Nevertheless, our loving subjects there are hereby permitted (if they think proper) to use all their wool as manure, for the improvement of their lands.

"And whereas the art and mystery of making _hats_ hath arrived at great perfection in Prussia, and the making of hats by our remoter subjects ought to be as much as possible restrained: and forasmuch as the islanders before mentioned, being in possession of wool, beaver, and other furs, have presumptuously conceived they had a right to make some advantage thereof, by manufacturing the same into hats, to the prejudice of our domestic manufacture: we do therefore hereby strictly command and ordain, that no hats or felts whatsoever, dyed or undyed, finished or unfinished, shall be loaden or put into or upon any vessel, cart, carriage, or horse, to be transported or conveyed out of one county in the said island into another county, or to any other place whatsoever, by any person or persons whatsoever, on pain of forfeiting the same, with a penalty of five hundred pounds sterling for every offence. Nor shall any hat-maker in any of the said counties employ more than two apprentices, on penalty of five pounds sterling per month: we intending hereby that such hat-makers, being so restrained, both in the production and sale of their commodity, may find no advantage in continuing their business. But, lest the said islanders should suffer inconveniency by the want of hats, we are farther graciously pleased to permit them to send their beaver furs to Prussia, and we also permit hats made thereof to be exported from Prussia to Britain; the people thus favored to pay all costs and charges of manufacturing, interest, commission to our merchants, insurance and freight going and returning, as in the case of iron.

"And lastly, being willing farther to favour our said colonies in Britain, we do hereby also ordain and command, that all the _thieves_, highway and street robbers, housebreakers, forgerers, murderers, s--d--tes, and villains of every denomination, who have forfeited their lives to the law in Prussia, but whom we, in our great clemency, do not think fit here to hang, shall be emptied out of our gaols into the said island of Great Britain, for the better peopling of that country.

"We flatter ourselves, that these our royal regulations and commands will be thought _just and reasonable_ by our much-favoured colonists in England; the said regulations being copied from their statutes of 10 and 11 Will. III. c. 10.--5 Geo. II. c. 22.--23 Geo. II. c. 29.--4 Geo. I. c. 11. and from other equitable laws made by their parliaments, or from instructions given by their princes, or from resolutions of both houses, entered into for the good government of their _own colonies in Ireland and America_.

"And all persons in the said island are hereby cautioned, not to oppose in any wise the execution of this our edict, or any part thereof, such opposition being high-treason; of which all who are suspected shall be transported in fetters from Britain to Prussia, there to be tried and executed according to the Prussian law.

"Such is our pleasure.

"Given at Potsdam, this twenty-fifth day of the month of August,
one thousand seven hundred and seventy-three, and in the
thirty-third year of our reign.

"By the king, in his council.

"RECHTMÆSSIG, Sec."

Some take this edict to be merely one of the king's _jeux d'esprit_: others suppose it serious, and that he means a quarrel with England: but all here think the assertion it concludes with, "that these regulations are copied from acts of the English parliament respecting their colonies," a very injurious one; it being impossible to believe, that a people distinguished for their love of liberty; a nation so wise, so liberal in its sentiments, so just and equitable towards its neighbours, should, from mean and injudicious views of petty immediate profit, treat its own children in a manner so arbitrary and tyrannical!

FOOTNOTES:

[116] This _intelligence extraordinary_, I believe, first appeared in the Public Advertiser. I have reprinted it from a copy which I found in the Gentleman's Magazine. B. V.

[117] _A tous presens et à venir._ ORIGINAL.

_Preface by the British Editor [Dr. Franklin] to "The Votes and
Proceedings of the Freeholders, and other Inhabitants of the Town
of Boston, in Town-Meeting assembled according to Law (published by
Order of the Town), &c[118]._"

All accounts of the discontent, so general in our colonies, have of late years been industriously smothered and concealed here, it seeming to suit the views of the American minister[119] to have it understood, that by his great abilities, all faction was subdued, all opposition suppressed, and the whole country quieted. That the true state of affairs there may be known, and the true causes of that discontent well understood, the following piece (not the production of a private writer, but the unanimous act of a large American city) lately printed in New England, is republished here. This nation, and the other nations of Europe, may thereby learn, with more certainty, the grounds of a dissention, that possibly may, sooner or later, have consequences interesting to them all.

The colonies had, from their first settlement, been governed with more ease than perhaps can be equalled by any instance in history of dominions so distant. Their affection and respect for this country, while they were treated with kindness, produced an almost implicit obedience to the instructions of the prince, and even to acts of the British parliament, though the right of binding them by a legislature, in which they were unrepresented, was never clearly understood. That respect and affection produced a partiality in favour of every thing that was English; whence their preference of English modes and manufactures; their submission to restraints on the importation of foreign goods, which they had but little desire to use; and the monopoly we so long enjoyed of their commerce, to the great enriching of our merchants and artificers. The mistaken policy of the stamp act first disturbed this happy situation; but the flame thereby raised was soon extinguished by its repeal, and the old harmony restored, with all its concomitant advantage to our commerce. The subsequent act of another administration, which, not content with an established exclusion of foreign manufactures, began to make our own merchandize dearer to the consumers there by heavy duties, revived it again; and combinations were entered into throughout the continent, to stop trading with Britain till those duties should be repealed. All were accordingly repealed but one--_the duty on tea_. This was reserved (professedly so) as a standing claim and exercise of the right, assumed by parliament, of laying such duties[120]. The colonies, on this repeal, retracted their agreement, so far as related to all other goods, except that on which the duty was retained. This was trumpeted here by the minister for the colonies as a triumph; there it was considered only as a decent and equitable measure, showing a willingness to meet the mother-country in every advance towards a reconciliation; and this disposition to a good understanding was so prevalent, that possibly they might soon have relaxed in the article of tea also. But the system of commissioners of customs, officers without end, with fleets and armies for collecting and enforcing those duties, being continued; and these acting with much indiscretion and rashness (giving great and unnecessary trouble and obstruction to business, commencing unjust and vexatious suits, and harassing commerce in all its branches, while that minister kept the people in a constant state of irritation by instructions which appeared to have no other end than the gratifying his private resentment[121]) occasioned a persevering adherence to their resolutions in that particular; and the event should be a lesson to ministers, not to risque, through pique, the obstructing any one branch of trade; since the course and connection of general business may be thereby disturbed to a degree, impossible to be foreseen or imagined. For it appears, that the colonies, finding their humble petitions to have this duty repealed were rejected and treated with contempt, and that the produce of the duty was applied to the rewarding, with undeserved salaries and pensions, every one of their enemies; the duty itself became more odious, and their resolution to starve it more vigorous and obstinate. The Dutch, the Danes, and French, took this opportunity, thus offered them by our imprudence, and began to smuggle their teas into the plantations. At first this was something difficult; but at length, as all business is improved by practice, it became easy. A coast fifteen hundred miles in length could not in all parts be guarded, even by the whole navy of England; especially where their restraining authority was by all the inhabitants deemed unconstitutional, the smuggling of course considered as patriotism. The needy wretches too, who, with small salaries, were trusted to watch the ports day and night, in all weathers, found it easier and more profitable, not only to wink, but to sleep in their beds; the merchants' pay being more generous than the king's. Other India goods also, which, by themselves, would not have made a smuggling voyage sufficiently profitable, accompanied tea to advantage; and it is feared the cheap French silks, formerly rejected as not to the taste of the colonies, may have found their way with the wares of India, and now established themselves in the popular use and opinion.

It is supposed, that at least a million of Americans drink tea twice a day, which, at the first cost here, can scarce be reckoned at less than half-a-guinea a head per annum. This market, that, in the five years which have run on since the act passed, would have paid 2,500,000 guineas for tea alone into the coffers of the company, we have wantonly lost to foreigners. Meanwhile it is said the duties have so diminished, that the whole remittance of the last year amounted to no more than the pitiful sum of 85_l._[122] for the expence of some hundred thousands, in armed ships and soldiers to support the officers. Hence the tea, and other India goods, which might have been sold in America, remain rotting in the company's warehouses[123]; while those of foreign ports are known to be cleared by the American demand. Hence, in some degree, the company's inability to pay their bills; the sinking of their stock, by which millions of property have been annihilated; the lowering of their dividend, whereby so many must be distressed; the loss to government of the stipulated 400,000_l._ a year[124], which must make a proportionable reduction in our savings towards the discharge of our enormous debt: and hence in part the severe blow suffered by credit in general[125], to the ruin of many families; the stagnation of business in Spitalfields and at Manchester, through want of vent for their goods; with other future evils, which, as they cannot, from the numerous and secret connections in general commerce, easily be foreseen, can hardly be avoided.

FOOTNOTES:

[118] "Boston printed: London reprinted, and sold by J. Wilkie, in St. Paul's Church-yard. 1773."--I have given the reader _only the preface_.

It is said, that this little piece very much irritated the ministry. It was their determination, that the Americans should receive teas only from Great Britain. And accordingly the East-India company sent out large cargoes under their protection. The colonists every where refused, either entrance, or else permission of sale, except at Boston, where, the force of government preventing more moderate measures, certain persons in disguise threw it into the sea.

The preamble of the stamp act produced the tea act; the tea act produced violence; violence, acts of parliament; acts of parliament, a revolt.

----"A little neglect," says _poor Richard_, "may breed great mischief: for want of a nail the shoe was lost; for want of a shoe the horse was lost; for want of a horse the rider was lost; being overtaken and slain by the _enemy_; all for want of a little care about a horse-shoe nail." B. V.

[119] Lord Hilsborough.--This nobleman, already first lord of trade, was introduced in 1768 into the _new-titled office_ of secretary of state for the colonies. B. V.

[120] Mr. Burke tells us (in his speech in 1774) that this preambulary tax had lost us at once the benefit of the west and of the east; had thrown open folding-doors to contraband; and would be the means of giving the profits of the colony-trade to every nation but ourselves. He adds in the same place, "It is indeed a tax of sophistry, a tax of pedantry, a tax of disputation, a tax of war and rebellion, a tax for any thing but benefit to the imposers, or satisfaction to the subject." B. V.

[121] Some of his circular letters had been criticised, and exposed by one or two of the American assemblies.

[122] "Eighty-five pounds I am assured, my lords, is the whole equivalent, we have received for all the hatred and mischief, and all the infinite losses this kingdom has suffered during that year, in her disputes with North America." See the bishop of St. Asaph's intended speech. B. V.

[123] At this time they contained many millions of pounds of tea, including the usual stock on hand. Mr. Burke, in his speech in 1774, supposes, that America might have given a vent for ten millions of pounds. This seems to have been the greater part of the whole quantity. B. V.

[124] On account of a temporary compromise of certain disputes with government. B. V.

[125] Seen in certain memorable mercantile failures in the year 1772. B. V.

_Account of Governor Hutchinson's Letters[126]._

TO THE CLERK OF THE COUNCIL IN WAITING.

(Copy.)

_Whitehall, Dec. 3, 1773._

SIR,

The agent for the house of representatives of the province of Massachusett's Bay [Dr. Franklin] having delivered to lord Dartmouth, an address of that house to the king, signed by their speaker; complaining of the conduct of the governor [Hutchinson] and lieutenant governor [Andrew Oliver] of that province, in respect to certain private letters written by them to their correspondent in England, and praying that they may be removed from their posts in that government; his lordship hath presented the said address to his majesty, and his majesty having signified his pleasure, that the said address should be laid before his majesty in his privy council, I am directed by lord Dartmouth to transmit the same accordingly, together with a copy of the agent's letter to his lordship, accompanying the said address.

I am, sir,

Your most obedient humble servant,

(Signed) J. POWNALL.

TO THE RIGHT HON. THE EARL OF DARTMOUTH.

(Copy.)

_London, Aug. 21, 1773._

MY LORD,

I have just received from the house of representatives of the Massachusett's Bay, their address to the king, which I now inclose, and send to your lordship, with my humble request in their behalf, that you would be pleased to present it to his majesty the first convenient opportunity.

I have the pleasure of hearing from that province by my late letters, that a sincere disposition prevails in the people there to be on good terms with the mother-country; that the assembly have declared their desire only to be put into the situation they were in before the stamp act: _They aim at no novelties_. And it is said, that having lately discovered, as they think, the authors of their grievances to be some of their own people, their resentment against Britain is thence much abated.

This good disposition of theirs (will your lordship permit me to say) may be cultivated by a favourable answer to this address, which I therefore hope your goodness will endeavour to obtain.

With the greatest respect,

I have the honour to be, my lord, &c.

B. FRANKLIN,

_Agent for the House of Representatives_.

THE PETITION.

TO THE KING'S MOST EXCELLENT MAJESTY.

MOST GRACIOUS SOVEREIGN,

We your majesty's loyal subjects, the representatives of your ancient colony of Massachusett's Bay, in general court legally assembled, by virtue of your majesty's writ under the hand and seal of the governor, beg leave to lay this our humble petition before your majesty.

Nothing but the sense of duty we owe to our sovereign, and the obligation we are under to consult the peace and safety of the province, could induce us to remonstrate to your majesty [concerning] the mal-conduct of persons, who have heretofore had the confidence and esteem of this people; and whom your majesty has been pleased, from the purest motives of rendering your subjects happy, to advance to the highest places of trust and authority in the province.

Your majesty's humble petitioners, with the deepest concern and anxiety, have seen the discords and animosities which have too long subsisted between your subjects of the parent-state and those of the American colonies. And we have trembled with apprehensions, that the consequences, naturally arising therefrom, would at length prove fatal to both countries.

Permit us humbly to suggest to your majesty, that your subjects here have been inclined to believe, that the grievances which they have suffered, and still continue to suffer, have been occasioned by your majesty's ministers and principal servants being, unfortunately for us, _misinformed_ in certain facts of very interesting importance to us. It is for this reason that former assemblies have, from time to time, prepared a true state of facts to be laid before your majesty; but their humble remonstrances and petitions, it is presumed, have by some means been prevented from reaching your royal hand.

Your majesty's petitioners have very lately had before them _certain papers_, from which they humbly conceive, it is most reasonable to suppose, that there has been long a conspiracy of evil men in this province, who have contemplated measures and formed a plan to advance themselves to power, and raise their own fortunes, by means destructive of the charter of the province, at the expence of the quiet of the nation, and to the annihilating of the rights and liberties of the American colonies.

And we do with all due submission to your majesty beg leave particularly to complain of the conduct of his excellency Thomas Hutchinson, Esq. governor, and the honourable Andrew Oliver, Esq. lieutenant-governor of this your majesty's province, as having a natural and efficacious tendency to interrupt and alienate the affections of your majesty, our rightful sovereign, from this your loyal province; to destroy that harmony and good-will between Great Britain and this colony, which every honest subject should strive to establish; to excite the resentment of the British administration against this province; to defeat the endeavours of our agents and friends to serve us by a fair representation of our state of facts; to prevent our humble and repeated petitions from reaching the ear of your majesty, or having their desired effect. And finally, that the said Thomas Hutchinson and Andrew Oliver have been among the chief instruments in introducing a fleet and army into this province, to establish and perpetuate their plans, whereby they have been not only greatly instrumental [in] disturbing the peace and harmony of the government, and causing unnatural and hateful discords and animosities between the several parts of your majesty's extensive dominions; but are justly chargeable with all that corruption of morals, and all that confusion, misery, and bloodshed, which have been the natural effects of posting an army in a populous town.

Wherefore we most humbly pray, that your majesty would be pleased to remove from their posts in this government the said Thomas Hutchinson, Esquire, and Andrew Oliver, Esquire; who have, by their above-mentioned conduct, and otherwise, rendered themselves justly obnoxious to your loving subjects, and entirely lost their confidence; and place such good and faithful men in their stead, as your majesty in your wisdom shall think fit.

In the name and by order of the house of
representatives,

THOMAS CUSHING, _Speaker_.

TO THE LORDS COMMITTEE OF HIS MAJESTY'S PRIVY COUNCIL FOR PLANTATION AFFAIRS.

THE PETITION OF ISRAEL MAUDUIT,

_Humbly sheweth unto your lordships_,

That having been informed, that an address, in the name of the house of representatives of his majesty's colony of Massachusett's Bay, has been presented to his majesty by Benjamin Franklin, Esquire, praying the removal of his majesty's governor and lieutenant-governor, which is appointed to be taken into consideration on Thursday next; your petitioner, on the behalf of the said governor and lieutenant governor, humbly prays, that he may be heard by counsel in relation to the same, before your lordships shall make any report on the said address.

ISRAEL MAUDUIT.

_Clement's Lane, Jan. 10, 1775._

_The Examination of Dr. Franklin, at the Council Chamber, Jan. 17,
1774[127]. Present, Lord President, the Secretaries of State, and
many other Lords; Dr. Franklin and Mr. Bollan; Mr. Mauduit and Mr.
Wedderburn._

Dr. Franklin's Letter and the Address, Mr. Pownall's Letter, and Mr. Mauduit's Petition, were read.

_Mr. Wedderburn._ The address mentions certain papers: I could wish to be informed what are those papers?

_Dr. Franklin._ They are the letters of Mr. Hutchinson and Mr. Oliver.

_Court._ Have you brought them?

_Dr. Franklin._ No, but here are attested copies.

_Court._ Do you mean to found a charge upon them? if you do, you must produce the letters.

_Dr. Franklin._ These copies are attested by several gentlemen at Boston, and a notary public.

_Mr. Wedderburn._ My lords, we shall not take advantage of any imperfection in the proof. We admit that the letters are Mr. Hutchinson's and Mr. Oliver's hand writing: reserving to ourselves the right of inquiring how they were obtained.

_Dr. Franklin._ I did not expect that counsel would have been employed on this occasion.

_Court._ Had you not notice sent you of Mr. Mauduit's having petitioned to be heard by counsel on behalf of the governor and lieutenant governor.

_Dr. Franklin._ I did receive such notice; but I thought this had been a matter of _politics_, not of law, and have not brought my counsel.

_Court._ Where a charge is brought, the parties have a right to be heard by counsel or not, as they choose.

_Mr. Mauduit._ My lords, I am not a native of that country, as these gentlemen are. I know well Dr. Franklin's abilities, and wish to put the defence of my friends more upon a parity with the attack; he will not therefore wonder that I choose to appear before your lordships with the assistance of counsel. My friends, in their letters to me, have desired (if any proceedings, as they say, should be had upon this address) that they may have a hearing in their own justification, that their innocence may be fully cleared, and their honour vindicated, and have made provision accordingly. I do not think myself at liberty therefore to give up the assistance of my counsel, in defending them against this unjust accusation.

_Court._ Dr. Franklin may have the assistance of counsel, or go on without it, as he shall choose.

_Dr. Franklin._ I desire to have counsel.

_Court._ What time do you want?

_Dr. Franklin._ Three weeks.

_Ordered_ that the further proceedings be on Saturday 29th instant[128].

_To the Printer of the Public Advertiser._[129]

SIR,

Finding that two gentlemen have been unfortunately engaged in a duel about a transaction and its circumstances, of which both of them are totally ignorant and innocent, I think it incumbent upon me to declare (for the prevention of farther mischief, as far as such a declaration may contribute to prevent it) that I alone am the person, who obtained and transmitted to Boston the letters in question. Mr. W. could not communicate them, because they were never in his possession; and for the same reason they could not be taken from him by Mr. T. 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. Their tendency was to incense the mother-country against her colonies, and, by the steps recommended, to widen the breach, which they effected. The chief caution expressed with regard to privacy was, to keep their contents from the colony agents, who, the writers apprehended, might return them, or copies of them, to America. That apprehension was, it seems, well founded, for the first agent who laid his hands on them thought it his duty to transmit them to his constituents[130].

_Craven Street, Dec. 25, 1773._

B. FRANKLIN,

_Agent for the House of Representatives
of the Massachusett's Bay_.

FOOTNOTES:

[126] Governor Hutchinson, lieutenant-governor Andrew Oliver, Charles Paxton, Esq. Nathaniel Rogers, Esq. and Mr. G. Roome, having sent from Boston certain representations and informations to Thomas Whately, Esq. member of parliament, private secretary to Mr. George Grenville (the father of the stamp act) when in office, and afterwards one of the lords of trade; these letters were, by a particular channel, conveyed back to Boston. The assembly of the province were so much exasperated, that they returned home attested copies of the letters, accompanied with a petition and remonstrance, for the removal of governor Hutchinson, and lieutenant-governor Andrew Oliver, from their posts. The council of the province likewise, on their part, entered into thirteen resolves, in tendency and import similar to the petition of the assembly; five of which resolves were unanimous, and only one of them had so many as three dissentients. In consequence of the assembly's petition, the above proceedings and examination took place.

Dr. Franklin having naturally a large share in these transactions, made still larger by the impolitic and indecent persecution of his character, I have exhibited the whole more at length, than I should otherwise have thought proper. B. V.

[127] The editor has taken this examination from Mr. Mauduit's copy of the Letters of Governor Hutchinson, &c. second edition, 1774, p. 17. He has Mr. Mauduit's authority for supposing it faithfully represented. B. V.

[128] The privy council accordingly met on the 29th of January, 1774, when Mr. Dunning and Mr. John Lee appeared as counsel for the assembly, and Mr. Wedderburn as counsel for the governor and lieutenant governor. Mr. Wedderburn was very long in his answer, which chiefly related to the mode of obtaining and sending away Mr. Whately's letters; and spoke of Dr. Franklin in terms of abuse, which never escape from one gentleman towards another. In the event, the committee of the privy council made a report, in which was expressed the following opinion: "The lords of the committee do agree humbly to report, as their opinion to your majesty, that the petition is founded upon resolutions formed on false and erroneous allegations; and is groundless, vexatious, and scandalous, and calculated only for the seditious purposes of keeping up a spirit of clamour and discontent in the said province. And the lords of the committee do further humbly report to your majesty, that nothing has been laid before them which does or can, in their opinion, in any manner, or in any degree, impeach the honour, integrity, or conduct of the said governor or lieutenant-governor; and their lordships are humbly of opinion, that the said petition ought to be dismissed."

Feb. 7th, 1774. "His majesty, taking the said report into consideration, was pleased, with the advice of his privy-council, to approve thereof; and to order, that the said petition of the house of representatives of the province of Massachusett's Bay be dismissed the board--as groundless, vexatious, and scandalous; and calculated only for the seditious purpose of keeping up a spirit of clamour and discontent in the said province."--A former petition against governor Bernard met with a dismission couched in similar terms. B. V.

[129] Some letters had passed in the public prints between Mr. Thomas Whately's brother and Mr. John Temple, concerning the manner in which the letters of Governor Hutchinson &c. had escaped from among the papers of Mr. Thomas Whately, at this time deceased.

The one gentleman wished to avoid the charge of having given them, the other of having taken them. At length the dispute became so personal and pointed, that Mr. Temple thought it necessary to call the brother into the field. The letter of provocation appeared in the morning, and the parties met in the afternoon. Dr. Franklin, was not then in town; it was after some interval that he received the intelligence. What had passed he could not foresee; he endeavoured to prevent what still might follow. B. V.

[130] It was in consequence of this letter that Mr. Wedderburn ventured to make the most odious personal applications. Mr. Mauduit has prudently omitted part of them in his account of the proceedings before the privy-council. They are given here altogether however (as well as they could be collected) to mark the politics of the times, and the nature of the censures passed in England upon Dr. Franklin's character.

"The letters could not have come to Dr. Franklin," said Mr. Wedderburn, "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 honour 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. Into what companies will he hereafter go with an unembarassed 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 escrutoires. He will henceforth esteem it a libel to be called a _man of letters, homo_ trium[131] _literarum_!

"But 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." [_Here he read the letter above, Dr. Franklin being all the time present._]--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_.[132]

"Know then 'twas----I:
I forged the letter, I disposed the picture;
I hated, I despised, and I destroy.

"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?"

These pleadings for a time worked great effect: the lords assented, the town was convinced, Dr. Franklin was disgraced[133], and Mr. Wedderburn seemed in the road for every kind of advancement.--Unfortunately for Mr. Wedderburn, the events of the war did not correspond with his systems. Unfortunately too for his "irrefragable argument," Dr. Franklin afterwards took an oath in chancery[134], that at the time that he transmitted the letters he was ignorant of the party to whom they had been addressed, having himself received them from a third person, and for the express purpose of their being conveyed to America. Unfortunately also for Mr. Wedderburn's "worthy governor," that governor himself, _before_ the arrival of Dr Franklin's packet in Boston, sent over one of Dr. Franklin's own "private" letters to England, expressing some little coyness indeed upon the occasion, but desiring secrecy, lest he should be prevented procuring _more_ useful intelligence from the same source[135]. Whether Mr. Wedderburn in his speech intended to draw a particular case and portraiture, for the purpose only of injuring Dr. Franklin, or meant that his language and epithets should apply generally to all, whether friends or foes, whose practice should be found similar to it, is a matter that must be left to be adjusted between governor Hutchinson and Mr. Wedderburn.

But to return to Dr. Franklin. It was not singular perhaps, that, as a man of honour, he should surrender his name to public scrutiny in order to prevent mischief to others, and yet not betray his coadjutor (even to the present moment) to relieve his own fame from the severest obloquy; but perhaps it belonged to few besides Dr. Franklin, to possess mildness and magnanimity enough to refrain from intemperate expressions and measures against Mr. Wedderburn and his supporters, after all that had passed. B. V.

[131] i. e. Fur (or _thief_).

[132] Act Vth.

[133] He was dismissed from his place in the post-office.

[134] A copy of the proceedings in chancery has been in my possession, but being at present mislaid I speak only from memory here.

[135] See the Remembrancer for the year 1776, part 2d. p. 61 col. 1st, and 2d.

_Rules for reducing a Great Empire to a small one, presented to a
late Minister, when he entered upon his Administration._[136]

An ancient sage valued himself upon this, that though he could not fiddle, he knew how to make a great city of a little one. The science, that I, a modern, simpleton, am about to communicate, is the very reverse.

I address myself to all ministers, who have the management of extensive dominions, which, from their very greatness, are become troublesome to govern--because the multiplicity of their affairs leaves no time for fiddling.

I. In the first place, gentlemen, you are to consider, that a great empire, like a great cake, is most easily diminished at the edges. Turn your attention therefore first to your _remotest_ provinces; that, as you get rid of them, the next may follow in order.

II. That the possibility of this separation may always exist, take special care the provinces are _never incorporated with the mother-country_; that they do not enjoy the same common rights, the same privileges in commerce, and that they are governed by severer laws, all of your enacting, without allowing them any share in the choice of the legislators. By carefully making and preserving such distinctions, you will (to keep to my simile of the cake) act like a wise gingerbread-baker; who, to facilitate a division, cuts his dough half through in those places, where, when baked, he would have it broken to pieces.

III. Those remote provinces have perhaps been acquired, purchased, or conquered, at the sole expence of the settlers or their ancestors, without the aid of the mother-country. If this should happen to increase her strength, by their growing numbers, ready to join in her wars; her commerce, by their growing demand for her manufactures; or her naval power, by greater employment for her ships and seamen, they may probably suppose some merit in this, and that it entitles them to some favour: you are therefore to _forget it all, or resent it_, as if they had done you injury. If they happen to be zealous whigs, friends of liberty, nurtured in revolution principles; remember all that to their prejudice, and contrive to punish it: for such principles, after a revolution is thoroughly established, are of no more use; they are even odious and abominable.

IV. However peaceably your colonies have submitted to your government, shown their affection to your interests, and patiently borne their grievances, you are to suppose them _always inclined to revolt_, and treat them accordingly. Quarter troops among them, who, by their insolence, may provoke the rising of mobs, and by their bullets and bayonets suppress them. By this means, like the husband who uses his wife ill from suspicion, you may in time convert your suspicions into realities.

V. Remote provinces must have governors and judges, to represent the royal person and execute every where the delegated parts of his office and authority. You, ministers, know, that much of the strength of government depends on the opinion of the people, and much of that opinion on the _choice of rulers_ placed immediately over them. If you send them wise and good men for governors, who study the interest of the colonists, and advance their prosperity; they will think their king wise and good, and that he wishes the welfare of his subjects. If you send them learned and upright men for judges, they will think him a lover of justice. This may attach your provinces more to his government. You are therefore to be careful who you recommend for those offices.--If you can find prodigals, who have ruined their fortunes, broken gamesters or stock-jobbers, these may do well as governors, for they will probably be rapacious, and provoke the people by their extortions. Wrangling proctors and pettyfogging lawyers too are not amiss, for they will be for ever disputing and quarrelling with their little parliaments. If withal they should be ignorant, wrong-headed and insolent, so much the better. Attorneys clerks and Newgate solicitors will do for chief justices, especially if they hold their places during your pleasure:--and all will contribute to impress those ideas of your government, that are proper for a people you would wish to renounce it.

VI. To confirm these impressions, and strike them deeper, whenever the injured come to the capital with complaints of mal-administration, oppression, or injustice, _punish such suitors_ with long delay, enormous expence, and a final judgment in favour of the oppressor. This will have an admirable effect every way. The trouble of future complaints will be prevented, and governors and judges will be encouraged to farther acts of oppression and injustice, and thence the people may become more disaffected, and at length desperate.

VII. When such governors have crammed their coffers, and made themselves so odious to the people, that they can no longer remain among them with safety to their persons, _recal and reward_ them with pensions. You may make them baronets too, if that respectable order should not think fit to resent it. All will contribute to encourage new governors in the same practice, and make the supreme government detestable.

VIII. If, when you are engaged in war, your colonies should vie in liberal aids of men and money against the common enemy upon your simple requisition, and give far beyond their abilities,--reflect, that a penny, taken from them by your power, is more honourable to you, than a pound presented by their benevolence; _despise therefore their voluntary grants_, and resolve to harass them with _novel taxes_.--They will probably complain to your parliament, that they are taxed by a body in which they have no representative, and that this is contrary to common right. They will petition for redress. Let the parliament flout their claims, reject their petitions, refuse even to suffer the reading of them, and treat the petitioners with the utmost contempt. Nothing can have a better effect in producing the alienation proposed; for though many can forgive injuries, none ever forgave contempt.

IX. In laying these taxes, _never regard the heavy burthens_ those remote people already undergo, in defending their own frontiers, supporting their own provincial government, making new roads, building bridges, churches, and other public edifices, which in old countries have been done to your hands, by your ancestors, but which occasion constant calls and demands on the purses of a new people.--Forget the restraint you lay on their trade for your own benefit, and the advantage a monopoly of this trade gives your exacting merchants. Think nothing of the wealth those merchants and your manufacturers acquire by the colony commerce, their increased ability thereby to pay taxes at home, their accumulating, in the price of their commodities, most of those taxes, and so levying them from their consuming customers: all this, and the employment and support of thousands of your poor by the colonists, you are entirely to forget. But remember to make your arbitrary tax more grievous to your provinces, by public declarations, importing, that your power of taxing them has _no limits_, so that when you take from them without their consent a shilling in the pound, you have a clear right to the other nineteen. This will probably weaken every idea of security in their property, and convince them, that under such a government they have nothing they can call their own; which can scarce fail of producing the happiest consequences!