The Complete Works in Philosophy, Politics and Morals of the late Dr. Benjamin Franklin, Vol. 3 [of 3] · Benjamin Franklin
FOOTNOTES:
But if he cannot, on these considerations, quite excuse the assembly, what will he think of those honourable proprietaries, who, when paper-money was issued in their colony, for the common defence of their vast estates, with those of the people, and who must therefore reap at least equal advantages from those bills with the people, could nevertheless wish to be exempted from their share of the unavoidable disadvantages. Is there upon earth a man besides, with any conception of what is honest, with any notion of honour, with the least tincture in his veins of the gentleman, but would have blushed at the thought; but would have rejected with disdain such undue preference, if it had been offered him? Much less would he have struggled for it, moved heaven and earth to obtain it, resolved to ruin thousands of his tenants by a repeal of the act, rather than miss of it[63]; and enforce it afterwards by an audaciously wicked instruction; forbidding aids to his king, and exposing the province to destruction, unless it was complied with. And yet,--These are _honourable_ men[64].
Here then we have a full view of the assembly's injustice; about which there has been so much insolent triumph! But let the proprietaries and their discreet deputies hereafter recollect and remember, that the same august tribunal, which censured some of the modes and circumstances of that act, did at the same time establish and confirm the grand principle of the act, viz. "That the proprietary estate ought, with other estates, to be taxed:" and thereby did in effect determine and pronounce, that the opposition so long made in various shapes to that just principle, by the proprietaries, was fundamentally _wrong_ and _unjust_. An injustice they were not, like the assembly, under any necessity of committing for the public good, or any other necessity but what was imposed on them by those base passions, that act the tyrant in bad minds; their selfishness, their pride, and their avarice. I have frequently mentioned the _equitable intentions_ of the house in those parts of the act, that were supposed obscure, and how they were understood here. A clear proof thereof is found, as I have already said, in the actual execution of the act; in the execution of it before the contest about it in England; and therefore before their lordships' objections to it had a being.
When the report came over, and was laid before the house, one year's tax had been levied: and the assembly, conscious that no injustice had been intended to the proprietaries, and willing to rectify it if any should appear, appointed a _committee_ of members from the several counties to examine into the state of the proprietaries' taxes through the province, and nominated on that committee a gentleman of known attachment to the proprietaries, and their chief justice, Mr. Allen; to the end that the strictest inquiry might be made. _Their report_ was as follows: "We, the committee appointed to inquire into, and consider the state of the proprietary taxation through the several counties, and report the same to the house, have, in pursuance of the said appointment, carefully examined the returns of property, and compared them with the respective assessments thereon made through the whole province; and find, _first_, That no part of the _unsurveyed_ waste lands belonging to the proprietaries have, in any instance, been included in the estates taxed. _Secondly_, That some of the _located uncultivated_ lands belonging to the proprietaries in several counties _remain unassessed_; and are not in any county assessed higher, than the lands under like circumstances belonging to the inhabitants. _Thirdly_, That all _lands_; _not_ granted by the proprietaries, _within boroughs_ and towns, remain _untaxed_; excepting in a few instances, and in those they are rated as _low_, as the lands which are granted in the said boroughs and towns.
The whole of the proprietary tax of eighteen pence in the pound amounts to 566_l._ 4_s._ 10_d._ And the sum of the tax on the inhabitants for the same year amounts, through the several counties, to 27,103_l._ 12_s._ 8_d._ And it is the opinion of your committee, that there has not been any injustice done to the proprietaries, or attempts made to rate or assess any part of their estates higher than the estates of the like kind belonging to the inhabitants are rated and assessed; but, on the contrary, we find that their estates are rated, in many instances, below others. Thomas Leech, George Ashbridge, Joseph Fox, Emanuel Carpenter, Samuel Rhoads, John Blackburn, Abraham Chapman, William Allen." The house communicated this report to governor Hamilton, when he afterwards pressed them to make the stipulated act of amendment; acquainting him at the same time, that as in the execution of the act no injustice _had_ hitherto been done to the proprietary, so, by a yearly inspection of the assessments, they would take care that none _should_ be done him; for that if any should appear, or the governor could at any time point out to them any that had been done, they would immediately rectify it; and therefore, as the act was shortly to expire, they did not think the amendments necessary. Thus that matter ended during that administration.
And had his successor, governor Penn, permitted it still to sleep, we are of opinion it had been more to the honour of the family, and of his own discretion. But he was pleased to found upon it a _claim_ manifestly unjust, and which he was totally destitute of reason to support. A claim, that the proprietaries best and most valuable located uncultivated lands, should be taxed no _higher_ than the worst and least valuable of those belonging to the inhabitants: to enforce which, as he thought the words of one of the stipulations seemed to give some countenance to it, he insisted on using those very words as sacred; from which he could "neither in decency or in duty," deviate; though he had agreed to deviate from words [in] the same report, and therefore equally sacred in every other instance. A conduct which will (as the prefacer says in governor Denny's case) for ever disgrace the annals of _his_ administration[65]. Never did any administration open with a more _promising_ prospect [than this of governor Penn]. He assured the people, in his first speeches, of the proprietaries' paternal regard for them, and their sincere disposition to do every thing that might promote their happiness.
As the proprietaries had been pleased to appoint a son of the family to the government, it was thought not unlikely, that there might be something in these professions; for that they would probably choose to have his administration made easy and agreeable; and to that end might think it prudent to withdraw those harsh, disagreeable, and unjust instructions with which most of his predecessors had been hampered: the assembly therefore believed fully, and rejoiced sincerely. They showed the new governor every mark of respect and regard that was in their power. They readily and cheerfully went into every thing he recommended to them. And when he and his authority were insulted and endangered by a lawless murdering mob, they and their friends took arms at his call, and formed themselves round him for his defence, and the support of his government.
But when it was found, that those mischievous instructions still subsisted, and were even farther extended; when the governor began, unprovoked, to send the house affronting messages, seizing every imaginary occasion of reflecting on their conduct; when every other symptom appeared of fixed deep-rooted family malice, which could but a little while bear the unnatural covering that had been thrown over it, what wonder is it, if all the old wounds broke out and bled afresh? if all the old grievances, still unredressed, were recollected; if despair succeeded of [seeing] any peace with a family, that could make such returns to all their overtures of kindness! And when in the very proprietary council, composed of staunch friends of the family, and chosen for their attachment to it, it was observed, that the _old men_ (1 Kings, chap. xii.) withdrew themselves, finding their opinion slighted, and that all measures were taken by the advice of two or three _young men_ (one of whom too denies his share in them) is it any wonder, since like causes produce like effects, if the assembly, notwithstanding all their veneration for the first proprietor, should say, with the children of Israel, under the same circumstances, "What portion have we in David, or inheritance in the son of Jesse? To your tents, O Israel!"
Under these circumstances, and a conviction that while so many natural sources of difference subsisted between proprietaries and people, no harmony in government long subsist (without which neither the commands of the crown could be executed, nor the public good promoted) the house resumed the consideration of a measure that had often been proposed in former assemblies; a measure, that every _proprietary province in_ America had, from the same causes, found themselves obliged to take, and had actually taken, or were about to take; and a measure, that had happily succeeded, wherever it was taken; I mean the recourse to an immediate _royal government_. They therefore, after a thorough debate, and making no less than twenty-five unanimous resolves, expressing the many grievances this province had long laboured under, through the proprietary government, came to the following resolution, viz. "Resolved, nemine contradicente, That this house will adjourn, in order to _consult their constituents_, whether an humble _address_ should be drawn up and transmitted to _his Majesty_; praying that he would be graciously pleased to take the people of this province under his immediate protection and government, by completing the agreement heretofore made with the first proprietary for the sale of the government to the crown, or otherwise as to his wisdom and goodness shall seem meet[66]."
This they ordered to be made public; and it was published accordingly in all the newspapers: the house then adjourned for no less than _seven weeks_, to give their constituents time to consider the matter, and themselves an opportunity of taking their opinion and advice. Could any thing be more deliberate, more fair and open, or more respectful to the people that chose them?--During this recess, the people, in many places, held little meetings with each other; the result of which was, that they would manifest their sentiments to their representatives, by petitioning the crown directly of themselves, and requesting the assembly to transmit and support those petitions. At the next meeting many of these petitions were delivered to the house with that request; they were signed by a very great[67] number of the most substantial inhabitants; and not the least intimation was received by the assembly from any other of their constituents, that the method was _disapproved_; except in a petition from an obscure town-ship in Lancaster county, to which there were about forty names indeed, but all evidently signed by three hands only. What could the assembly infer from the expressed willingness of a part, and silence of the rest; but that the measure was universally agreeable! They accordingly resumed the consideration of it; and though a small, very small opposition then appeared to it in the house; yet as even that was founded not on the impropriety of the thing; but on supposed unsuitableness of the time or the manner, and a majority of nine tenths being still for it; a petition was drawn agreeable to the former resolve, and ordered to be transmitted to his majesty.
But the preface tells us, that these _petitioners_ for a change were a "number of rash, ignorant, and inconsiderate people," and generally of a _low rank_. To be sure they were not of the proprietary officers, dependents, or expectants; and those are chiefly the people of high rank among us; but they were otherwise generally men of the best estates in the province, and men of reputation. The assembly, who come from all parts of the country, and therefore may be supposed to know them, at least as well as the prefacer, have given that testimony of them. But what is the testimony of the assembly; who in his opinion are equally rash, ignorant, and inconsiderate with the petitioners? And if his judgment is right, how imprudently and contrary to their charter, have his _three hundred thousand souls_ acted in their elections of assembly-men these twenty years past; for the charter requires them to choose men of _most note_ for _virtue_, _wisdom_ and _ability_!
Be niggards of advice on no pretence; For the worst avarice is that of sense. In the constitution of our government, and in that of one more, there still remains a particular thing that none of the other American governments have; to wit, the appointment of a governor by the _proprietors_, instead of an appointment by the _crown_. This particular in government has been found inconvenient; attended with contentions and confusions wherever it existed; and has therefore been gradually taken away from colony after colony, and every where greatly to the satisfaction and happiness of the people. Our wise first proprietor and founder was fully sensible of this; and being desirous of leaving his people happy, and preventing the mischiefs that he foresaw must in time arise from that circumstance if it was continued, he determined to take it away, if possible, during his own lifetime. They accordingly entered into a contract for the sale of the proprietary right of government to the crown, and actually received a sum in part of the consideration. As he found himself likely to die before that contract (and with it, his plan for the happiness of his people) could be completed, he carefully made it a part of his last will and testament; devising the right of the government to two noble lords, in trust, that they should release it to the crown.
Unfortunately for us, this has never yet been done. And this is merely what the assembly now desire to have done. Surely he that formed our constitution, must have understood it. If he had imagined, that all our privileges depended on the proprietary government; will any one suppose, that he would himself have meditated the change; that he would have taken such effectual measures, as he thought them, to bring it about speedily, whether he should live or die? Will any of those, who now extol him so highly, charge him at the same time with the baseness of endeavouring thus to defraud his people of all the liberties and privileges he had promised them, and by the most solemn charters and grants assured to them, when he engaged them to assist him in the settlement of his province? Surely none can be so inconsistent!--And yet this proprietary right of governing or appointing a governor has all of a sudden changed its nature; and the preservation of it become of so much importance to the welfare of the province, that the assembly's only petitioning to have their venerable founder's will executed, and the contract he entered into for the good of his people completed, is stiled, an "attempt to violate the constitution for which our fathers planted a wilderness; to barter away our glorious plan of public liberty and charter privileges; a risquing of the whole constitution; an offering up of our whole charter rights; a wanton sporting with things sacred, &c."
Pleasant surely it is to hear the proprietary partizans, of all men, bawling for the constitution, and affecting a terrible concern for our liberties and privileges. They, who have been these twenty years cursing our constitution, declaring that it was no constitution, or worse than none; and that things could never be well with us till it was new modelled, and made exactly conformable to the British constitution: they, who have treated our distinguishing privileges as so many illegalities and absurdities; who have solemnly declared in print, that though such privileges might be proper in the infancy of a colony to encourage its settlement, they became unfit for it in its grown state, and ought to be taken away: they, who by numberless falshoods, propagated with infinite industry in the mother country, attempted to procure an act of parliament for the actual depriving a very great part of the people of their privileges: they too, who have already deprived the whole people of some of their most important rights, and are daily endeavouring to deprive them of the rest: are these become patriots and advocates for our constitution? Wonderful change! astonishing conversion! Will the wolves then protect the sheep, if they can but persuade them to give up their dogs? Yes; the assembly would destroy all their own rights, and those of the people; and the proprietary partizans are become the champions for liberty! Let those who have faith now make use of it: for if it is rightly defined, the evidence of things not seen, certainly never was there more occasion for such evidence, the case being totally destitute of all other.
It has been long observed, that men are with that party, angels or demons, just as they happen to concur with or oppose their measures. And I mention it for the comfort of _old sinners_, that in politics, as well as in religion, repentance and amendment, though late, shall obtain forgiveness, and procure favour. Witness the late speaker, Mr. Norris; a steady and constant opposer of all the proprietary encroachments; and whom, for thirty years past, they have been therefore continually abusing, allowing him no one virtue or good quality whatsoever: but now, as he shewed some unwillingness to engage in this present application to the crown, he is become all at once the "faithful servant;"--but let me look at the text, to avoid mistakes--and indeed I was mistaken--I thought it had been "faithful servant of the public," but I find it is only "of the house." Well chosen that expression, and prudently guarded. The former, from a proprietary pen, would have been praise too much, only for disapproving the _time_ of the application. Could _you_, much respected [Mr. Norris], go but a little farther, and disapprove the application itself? Could you but say, the proprietary government is a good one, and ought to be continued; then might all your political offences be done away, and your scarlet sins become as snow and wool; then might you end your course with (proprietary) honour. P---- should preach your funeral sermon, and S----, the poisoner of other characters, embalm your memory. But those honours you will never receive; for with returning health and strength you will be found in your old post, firm for your country.
There is encouragement too for _young sinners_. Mr. Dickenson, whose speech our prefacer has introduced to the world, (though long hated by some, and disregarded by the rest of the proprietary faction) is at once, for the same reason as in Mr. Norris's case, become a sage in the law, and an oracle in matters relating to our constitution. I shall not endeavour to pluck so much as a leaf from these the young gentleman's laurels. I would only advise him carefully to preserve the panegyrics with which they have adorned him: in time they may serve to console him, by balancing the calumny they shall load him with, when he does not go through with them in all their measures: he will not probably do the one, and they will then assuredly do the other. There are mouths that can blow hot as well as cold, and blast on your brows the bays their hands have placed there. "Experto crede Roberto." Let but the moon of _proprietary_ favour withdraw its shine for a moment, and that "great number of the _principal gentlemen_ of Philadelphia," who applied to you for the copy of your speech, shall immediately despise and desert you.
"Those principal gentlemen!" What a pity it is that their names were not given us in the preface, together with their admirable letter! We should then have known, where to run for advice on all occasions. We should have known, who to choose for our future representatives: for undoubtedly these were they that are elsewhere called "the _wiser_ and _better_ part of the province." None but their wisdoms could have known before-hand, that a speech which they never heard, and a copy of which they had never seen, but were then requesting to see, was "a spirited defence," and "of our charter privileges," and that "the publication of it would be of great utility, and give general satisfaction." No inferior sagacity could discover, that the appointment of a governor by the proprietor was one of our "charter privileges," and that those who opposed the application for a royal government were therefore patriot members, appearing on the side of our privileges and our charter! Utterly to _confound the assembly_, and show the excellence of proprietary government, the prefacer has extracted from their own votes, the _praises_ they have from time to time bestowed on the _first_ proprietor, in their addresses to his sons. And though addresses are not generally the best repositories of historical truth, we must not in this instance deny their authority.
It begins with a formal quotation from the [assembly's] petition, which they own they have not seen, and of words that are not in it; and after relating very imperfectly and unfairly the fact relating to their application for a copy of it, which is of no importance, proceeds to set forth, "that as we and all your American subjects must be governed by persons authorised and approved by your Majesty, on the best recommendation that can be obtained of them; we cannot perceive our condition in this respect to be _different_ from our fellow-subjects around us, or that we are thereby less under your majesty's particular care and protection than they are; since there can be no _governors_ of this province without your majesty's _immediate approbation_ and authority." Such a declaration from the wiser part of the province is really a little surprising. What! when disputes concerning matters of property are daily arising between you and your proprietaries, cannot your wisdoms perceive the least difference between having the judges of those disputes appointed by a _royal_ governor, who has no interest in the cause, and having them appointed by the _proprietaries_ themselves, the principal parties against you; and _during their pleasure_ too?
When supplies are necessary to be raised for your defence, can you perceive no difference between having a royal governor, free to promote his majesty's service by a ready assent to your laws; and a proprietary governor, shackled by instructions, forbidding him to give that assent, unless some private advantage is obtained, some profit got, or unequal exemption gained for their estate, or some privilege wrested from you? When prerogative, that in other governments is only used for the good of the people, is here strained to the extreme, and used to their prejudice, and the proprietaries benefit, can you perceive no difference? When the direct and immediate rays of majesty benignly and mildly shine on all _around_ us, but are transmitted and thrown upon _us_ through the burning-glass of proprietary government, can your sensibilities feel no difference? Sheltered perhaps in proprietary offices, or benumbed with expectations, it may be you cannot. But surely you might have known better than to tell his majesty, "that there can be no governors of this province, without his immediate approbation." Don't you know, who know so much, that by our blessed constitution the _proprietors_ themselves, whenever they please, may govern us in _person_, without such approbation?
The petition proceeds to tell his majesty, "that the particular mode of government which we enjoy, under your majesty, is held in the _highest estimation_ by good men of all denominations among us; and hath _brought multitudes_ of industrious people from various parts of the world," &c. Really! Can this be from proprietary partizans? That constitution, which they were for ever censuring as defective in a legislative council, defective in government powers, too popular in many of its modes, is it now become so excellent? Perhaps, as they have been tinkering it these twenty years, till they have stripped it of some of its most valuable privileges, and almost spoiled it, they now begin to like it. But then it is not surely this _present_ constitution, that brought hither those multitudes. They came before. At least it was not that particular in our constitution (the proprietary power of appointing a governor) which attracted them, that single particular, which alone is now in question, which our venerable founder first, and now the assembly, are endeavouring to change.
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