The Complete Works in Philosophy, Politics and Morals of the late Dr. Benjamin Franklin, Vol. 3 [of 3] · Benjamin Franklin
FOOTNOTES:
I would first observe then, that this mode of _protesting_ by the minority, with a string of reasons against the proceedings of the majority of the house of assembly, is quite new among us; the present is the second we have had of the kind, and both within a few months. It is unknown to the practice of the house of commons, or of any house of representatives in America, that I have heard of; and seems an affected imitation of the lords in parliament, which can by no means become assemblymen of America. Hence appears the absurdity of the complaint, that the house refused the protest an _entry_ on their minutes. The protesters know, that they are not, by any custom or usage, intitled to such an entry; and that the practice here is not only useless in itself, but would be highly inconvenient to the house, since it would probably be thought necessary for the majority also to enter their reasons, to justify themselves to their constituents; whereby the minutes would be incumbered and the public business obstructed. More especially will it be found inconvenient, if such protests are made use of as a new form of libelling, as the vehicles of personal malice, and as means of giving to private abuse the appearance of a sanction as public acts. Your protest, gentlemen, was therefore properly refused; and since it is no part of the proceedings of assembly, one may with the more freedom examine it.
Your first reason against my appointment is, that you "believe me to be the chief author of the measures pursued by the last assembly, which have occasioned _such uneasiness_ and distraction among the good people of this province." I shall not dispute my share in those measures; I hope they are such as will in time do honour to all that were concerned in them. But you seem mistaken in the order of time: it was the uneasiness and distraction among the good people of the province that occasioned the measures; the province was in confusion before they were taken, and they were pursued in order to prevent such uneasiness and distraction for the future. Make one step farther back, and you will find proprietary injustice supported by proprietary minions and creatures, the original cause of all our uneasiness and distractions. Another of your reasons is, "that I am, as you are informed, very _unfavourably_ thought of by several of his _majesty's ministers_." I apprehend, gentlemen, that your informer is mistaken. He indeed has taken great pains to give unfavourable impressions of me, and perhaps may flatter himself, that it is impossible so much true industry should be totally without effect. His long success in maiming or murdering all the reputations that stand in his way (which has been the dear delight and constant employment of his life) may likewise have given him some just ground for confidence, that he has, as they call it, _done for me_, among the rest. But, as I said before, I believe he is mistaken. For what have I done, that they should think unfavourably of me? It cannot be my constantly and uniformly promoting the measures of the crown, ever since I had any influence in the province. It cannot, surely, be my promoting the change from a proprietary to a royal government.
If indeed I had, by speeches and writings, endeavoured to make his majesty's government universally odious in the province: if I had harangued by the week to all comers and goers, on the pretended injustice and oppressions of royal government, and the slavery of the people under it: if I had written traitorous papers to this purpose, and got them translated into other languages, to give his majesty's foreign subjects here those horrible ideas of it: if I had declared, written, and printed, that "the king's little finger we should find heavier than the proprietor's whole loins," with regard to our liberties; _then indeed_ might the ministers be supposed to think unfavourably of me. But these are not exploits for a man, who holds a profitable office under the crown, and can expect to hold it no longer than he behaves with the fidelity and duty that becomes every good subject. They are only for officers of proprietary appointment, who hold their commissions during his, and not the king's pleasure; and who, by dividing among themselves and their relations, offices of many thousands a year enjoyed by proprietary favour, _feel_ where to place their loyalty. I wish they were as good subjects to his majesty; and perhaps they may be so, when the proprietary interferes no longer. Another of your reasons is, "that the proposal of me for _an agent_ is extremely disagreeable to a very great number of the most serious and reputable inhabitants of the province; and the _proof_ is, my having been rejected at the last election, though I had represented the city in assembly for fourteen years."
And do those of you, gentlemen, reproach me with this, who, among near four thousand voters, had scarcely a score more than I had? It seems then, that your _elections_ were very near being _rejections_, and thereby furnishing the same proof in your case that you produce in mine, of _your_ being likewise extremely disagreeable to a very great number of the most serious and reputable people. Do you, honourable sir, reproach me with this, who, for almost twice fourteen years have been rejected (if _not being chosen_ is _to be rejected_) by the same people? and (unable, with all your wealth and connections, and the influence they give you, to obtain an election in the county where you reside, and the city where you were born, and are best known) have been obliged to accept a seat from one of the out-counties, the remotest of the province!--It is known, sir, to the persons who proposed me, that I was first chosen against my inclination, and against my entreaties that I might be suffered to remain a private man. In none of the fourteen elections you mention, did I ever appear as a candidate. I never did, directly or indirectly, solicit any man's vote. For six of the years in which I was annually chosen, I was absent, residing in England; during all which time, your secret and open attacks upon my character and reputation were incessant; and yet you gained no ground. And can you really, gentlemen, find matter of triumph in this _rejection_ as you call it? A moment's reflection on the means by which it was obtained must make you ashamed of it.
Not only my duty to the crown, in carrying the post-office act more duly into execution, was made use of to exasperate the ignorant, as if I was encreasing my own profits, by picking their pockets; but my very zeal in opposing the murderers, and supporting the authority of government; and even my humanity, with regard to the innocent Indians under our protection, were mustered among my offences, to stir up against me those religious bigots, who are of all savages the most brutish. Add to this, the numberless falshoods propagated as truths, and the many perjuries procured among the wretched rabble, brought to swear themselves intitled to a vote: And yet so _poor a superiority_ obtained at all this expence of honour and conscience! can this, gentlemen, be matter of triumph? Enjoy it then. Your exultation, however, was short. Your artifices did not prevail every where; nor your double tickets and whole boxes of forged votes. A great majority of the new-chosen assembly were of the old members, and remain uncorrupted. They still stood firm for the people, and will obtain justice from the proprietaries. But what does that avail to you, who are in the proprietary interest? And what comfort can it afford you, when, by the assembly's choice of an agent, it appears that the same, to you obnoxious, man (notwithstanding all your venomous invectives against him) still retains so great a share of the public confidence?
But "this step, you say, gives you the more lively affliction, as it is taken at the _very moment_ when you were informed by a member of the house, that the governor had assured him of his having received instructions from the proprietaries, to give his assent to the taxation of their estates; in the _same manner_ that the estates of other persons are to be taxed; and also _to confirm_, for the public use, the several squares formerly _claimed_ by the city." O the force of friendship! the power of interest! What politeness they infuse into a writer, and what _delicate_ expressions they produce!--The dispute between the proprietaries and us was about the _quantum_, the _rate_ of their taxation, and not about the _manner_; but now, when all the world condemns them for requiring a partial exemption of their estates, and they are forced to submit to an honest equality, it is called "_assenting_ to be taxed in the _same manner_ with the people."
Their _restitution_ of five public squares in the plan of the city, which they had near forty years unjustly and dishonourably seized and detained from us, (directing their surveyor to map streets over them, in order to turn them into lots, and their officers to sell a part of them;) this their _disgorging_ is softly called _confirming_ them for the public use; and instead of the plain words "_formerly given_ to the city, by the first proprietary, their father," we have the cautious pretty expression of "formerly _claimed_ by the city:" Yes; not only _formerly_, but _always_ claimed, ever since they were _promised_ and _given_ to encourage the settlers; and ever will be _claimed_, till we are put in actual possession of them. It is pleasant, however, to see how lightly and tenderly you trip over these matters, as if you trod upon eggs. But that "_very moment_," that precious moment! Why was it so long delayed? Why were those healing instructions so long withheld and concealed from the people? They were, it seems, brought over by Mr. Allen:[70] intelligence was received by various hands from London, that orders were sent by the proprietaries, from which great hopes were entertained of an accommodation. Why was the bringing and the delivery of such orders so long _denied_?
The reason is easily understood. Messieurs Barclays, friends to both proprietaries and people, wished for that gentleman's happy arrival; hoping his _influence_, added to the _power_ and _commissions_ the proprietaries had vested him with, might prove effectual in restoring harmony and tranquillity among us; but _he_, it seems, hoped his _influence_ might do the business, without those additions. There appeared on his arrival some prospect (from sundry circumstances) of a _change_ to be made in the house by the approaching election. The proprietary friends and creatures knew the heart of their master; and how extremely disagreeable to him that _equal taxation_, that _restitution_, and the other _concessions_ to be made for the sake of a reconciliation, must necessarily be. They hoped therefore to spare him all those mortifications, and thereby secure a greater portion of his favour. Hence the instructions were not produced to the last assembly, though they arrived before the September sitting, when the governor was in town, and actually did business with the house. Nor to the new assembly were they mentioned, till the "_very moment_," the fatal moment, when the house were on the point of choosing that wicked adversary of the proprietary to be an _agent_ for the province in England.
But I have, you say, a "fixed _enmity to the proprietaries_," and "you believe it will _preclude all accommodation_ of our disputes with them, even on just and reasonable terms." And why do you think I have a fixed enmity to the proprietaries? I have never had any personal difference with them. I am no land-jobber; and therefore have never had any thing to do with their land-office or officers; if I had, probably, like others, I might have been obliged to truckle to their measures, or have had like causes of complaint. But our private interests never clashed; and all their resentment against me, and mine to them, has been on the public account. Let them do justice to the people of Pensylvania, act honourably by the citizens of Philadelphia, and become honest men; my enmity, if that's of any consequence, ceases from the "_very moment_;" and, as soon as I possibly can, I promise to love, honour and respect them. In the mean time, why do you "believe it will preclude all _accommodation_ with them on just and reasonable terms?"
Do you not boast, that their gracious condescensions are in the hands of the governor; and that "if this had been the usual time for business, his honour would have sent them down in a message to the house." How then can my going to England prevent this accommodation? The governor can call the house when he pleases; and, one would think, that, at least in your opinion, my being out of the way would be a favourable circumstance. For then, by "cultivating the disposition shown by the proprietaries, every _reasonable demand_ that can be made on the part of the people might be obtained: in vigorously insisting on which, you promise to unite most earnestly with the rest of the house." It seems then we have "_reasonable demands_" to make, and, as you call them a little higher, _equitable demands_. This is much for proprietary minions to own; but you are all growing better, in imitation of your master, which is indeed very commendable. And if the accommodation here should fail, I hope, that though you dislike the person a majority of two to one in the house have thought fit to appoint an agent, you will nevertheless, in duty to your country, continue the noble resolution of uniting with the rest of the house, in vigorously insisting on that _equity_ and _justice_, which such an union will undoubtedly obtain for us.
I pass over the trivial charge against the assembly, that they "acted with _unnecessary haste_ in proceeding to this appointment, without making a small adjournment," &c. and your affected apprehensions of danger from that haste. The necessity of expedition on this occasion is as obvious to every one out of doors, as it was to those within; and the fears you mention are not, I fancy, considerable enough to break your rest. I come then to your _high_ charge against me, "that I heretofore ventured, _contrary_ to an act of assembly, to place the public money in the stocks; whereby this province suffered a loss of 6000_l._ and that sum, added to the 5000_l._ granted for my expences, makes the whole cost of my former voyage to England amount to _eleven thousand pounds_!" How wisely was that form in our laws contrived, which, when a man is arraigned for his life, requires the evidence to speak _the truth_, the _whole truth_, and _nothing but the truth_! The reason is manifest. A falshood may destroy the innocent, so may _part of a truth_ without _the whole_; and a mixture of truth and falshood may be full as pernicious.
You, Mr. Chief Justice, and the other justices among the protesters, and you, sir, who are a counsellor at law, must all of you be well acquainted with this excellent form; and when you arraigned my reputation (dearer to me than life) before the assembly, and now at the respectable tribunal of the public, would it not have well become your honours to have had some small regard at least to the spirit of that form? You might have mentioned, that the direction of the act, to lodge the money in the bank, subject to the drafts of the trustees of the loan-office here, was impracticable; that the bank refused to receive it on those terms, it being contrary to their settled rules to take charge of money subject to the orders of unknown people living in distant countries.
You might have mentioned, that the house being informed of this, and having no immediate call for the money, did _themselves_ adopt the measure of placing it in the stocks, which then were low, where it might on a peace produce a considerable profit, and in the mean time accumulate an interest: that they even passed a bill, directing the subsequent sums granted by parliament to be placed with the former: that the measure was prudent and safe; and that the loss arose, not from _placing_ the money _in_ the stocks, but from the imprudent and unnecessary _drawing it out_ at the very time when they were lowest, on some slight uncertain rumours of a peace concluded: that if the assembly had let it remain another year, instead of losing they would have gained _six thousand pounds_; and that after all, since the exchange at which they sold their bills was near _twenty per cent_ higher when they drew than when the stocks were purchased, the loss was far from being so great as you represent it. All these things you might have said; for they are, and you know them to be, part of the _whole truth_; but they would have spoiled your accusation.
The late speaker of your honourable house, Mr. Norris, (who has, I suppose, all my letters to him, and copies of his own to me, relating to that transaction) can testify with how much integrity and clearness I managed the whole affair. All the house were sensible of it, being from time to time fully acquainted with the facts. If I had gone to gaming in the stocks with the public money, and through my fault a sum was lost, as your protest would insinuate, why was I not censured and punished for it when I returned? You, honourable sir, (my enemy of seven years standing) was then in the house. You were appointed on the committee for examining my accounts; you reported, that you found them just, and signed that report.[71] I never solicited the employ of agent; I made no bargain for my future service, when I was ordered to England by the assembly; nor did they vote me any salary. I lived there near six years at my own expence, and I made no charge or demand when I came home. You, sir, of all others, was the very member that proposed (for the honour and justice of the house) a compensation to be made me of the _five thousand pounds_ you mention.
Was it with an intent to reproach me thus publicly for accepting it? I thanked the house for it then, and I thank you now for proposing it: though you, who have lived in England, can easily conceive, that besides the prejudice to my private affairs by my absence, a _thousand pounds_ more would not have reimbursed me. The money voted was immediately paid me. But if I had occasioned the loss of _six thousand pounds_ to the province, here was a fair opportunity of securing easily the greatest part of it; why was not the _five thousand pounds_ deducted, and the remainder called for? The reason is, this accusation was not then invented. Permit me to add, that supposing the whole _eleven thousand pounds_ an expence occasioned by my voyage to England, yet the taxation of the proprietary estate now established will, when valued by years purchase, be found in time an advantage to the public, far exceeding that expence. And if the expence is at present a burthen, the odium of it ought to lie on those, who, by their injustice, made the voyage necessary; and not on me, who only submitted to the orders of the house in undertaking it. I am now to take leave (perhaps a last leave) of the country I love, and in which I have spent the greatest part of my life.--ESTO PERPETUA.--I wish every kind of prosperity to my friends,--and I forgive my enemies. _Philadelphia, Nov. 5, 1764._
Text from Project Gutenberg, public domain in the United States.