Autobiography of Benjamin Franklin · Benjamin Franklin
AGENT OF PENNSYLVANIA IN LONDON
After some days, Dr. Fothergill having spoken to the proprietaries, they agreed to a meeting with me at Mr. T. Penn's house in Spring Garden. The conversation at first consisted of mutual declarations of disposition to reasonable accommodations, but I suppose each party had its own ideas of what should be meant by _reasonable_. We then went into consideration of our several points of complaint, which I enumerated. The proprietaries justify'd their conduct as well as they could, and I the Assembly's. We now appeared very wide, and so far from each other in our opinions as to discourage all hope of agreement. However, it was concluded that I should give them the heads of our complaints in writing, and they promis'd then to consider them. I did so soon after, but they put the paper into the hands of their solicitor, Ferdinand John Paris, who managed for them all their law business in their great suit with the neighbouring proprietary of Maryland, Lord Baltimore, which had subsisted 70 years, and wrote for them all their papers and messages in their dispute with the Assembly.
He was 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, which discovering itself whenever we met, I declin'd the proprietary's proposal that he and I should discuss the heads of complaint between our two selves, and refus'd treating with anyone but them. They then by his advice put the paper into the hands of the Attorney and Solicitor-General for their opinion and counsel upon it, where it lay unanswered a year wanting eight days, during which time I made frequent demands of an answer from the proprietaries, but without obtaining any other than that they had not yet received the opinion of the Attorney and Solicitor-General. What it was when they did receive it I never learnt, for they did not communicate it to me, but sent a long message to the Assembly drawn and signed by Paris, reciting my paper, complaining of its want of formality, as a rudeness on my part, and giving a flimsy justification of their conduct, adding that they should be willing to accommodate matters if the Assembly would send out _some person of candour_ to treat with them for that purpose, intimating thereby that I was not such.
The want of formality or rudeness was, probably, my not having address'd the paper to them with their assum'd titles of True and Absolute Proprietaries of the Province of Pennsylvania, which I omitted as not thinking it necessary in a paper, the intention of which was only to reduce to a certainty by writing, what in conversation I had delivered _viva voce_. But during this delay, the Assembly having prevailed with Gov'r Denny to pass an act taxing the proprietary estate in common with the estates of the people, which was the grand point in dispute, they omitted answering the message. When this act however came over, the proprietaries, counselled by Paris, determined to oppose its receiving the royal assent. Accordingly they petitioned the king in Council, and a hearing was appointed in which two lawyers were employ'd by them against the act, and two by me in support of it. They alledg'd that the act was intended to load the proprietary estate in order to spare those of the people, and that if it were suffer'd to continue in force, and the proprietaries, who were in odium with the people, left to their mercy in proportioning the taxes, they would inevitably be ruined. We reply'd that the act had no such intention, and would have no such effect. That the assessors were honest and discreet men under an oath to assess fairly and equitably, and that any advantage each of them might expect in lessening his own tax by augmenting that of the proprietaries was too trifling to induce them to perjure themselves.
This is the purport of what I remember as urged by both sides, except that we insisted strongly on the mischievous consequences that must attend a repeal, for that the money, £100,000, being printed and given to the king's use, expended in his service, and now spread among the people, the repeal would strike it dead in their hands to the ruin of many, and the total discouragement of future grants, and the selfishness of the proprietors in soliciting such a general catastrophe, merely from a groundless fear of their estate being taxed too highly, was insisted on in the strongest terms. On this, Lord Mansfield, one of the counsel, rose, and beckoning me took me into the clerk's chamber, while the lawyers were pleading, and asked me if I was really of opinion that no injury would be done the proprietary estate in the execution of the act. I said certainly. "Then," says he, "you can have little objection to enter into an engagement to assure that point." I answer'd, "None at all."
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