Benjamin Franklin; Self-Revealed, Volume 2 (of 2)

When Franklin took his seat in the Assembly, William Franklin was elected its clerk in his place; for heredity as well as consanguinity was a feature of the Franklin system of patronage. Once elected to the Assembly, he acquired a degree of popularity and influence that rendered his re-election for many years almost a matter of course. "My election to this trust," he says in the Autobiography, "was repeated every year for ten years, without my ever asking any elector for his vote, or signifying, either directly or indirectly, any desire of being chosen." So eager were his constituents to confer the honor upon him that they kept on conferring it upon him year after year, even when he was abroad.11 He proved himself eminently worthy of this confidence. By nature and training, he was a true democrat, profoundly conservative at the core, but keenly sensitive to every rational and wholesome appeal to his liberal or generous instincts. He loved law and order, stable institutions, and settled forms and tendencies, rooted in the soil of transmitted wisdom and experience. He was too much of an Englishman to have any sympathy with hasty changes or rash innovations. Much as he loved France he could never have been drawn into such a delirious outburst as the French Revolution. He loved liberty as Hampden loved it, as Chatham loved it, as Gladstone loved it. John Wilkes, though in some respects an ignoble, was in other respects an indubitable champion of English freedom; yet Franklin utterly failed to see in him even a case for the application of his reminder to his daughter that sweet and clear waters come through very dirty earth. His happy nature and his faith in individual thrift sometimes made him slow to believe that masses of men had as much cause for political discontent as they claimed, and for such mob violence, as attended the career of Wilkes, of whom he speaks in one of his letters to his son as "an outlaw and an exile, of bad personal character, not worth a farthing," it was impossible for his deep-seated respect for law and order to have any toleration; though he did express on one occasion the remarkable conviction that, if George the Third had had a bad private character, and John Wilkes a good one, the latter might have turned the former out of his kingdom.

It is certain, however, that few men have ever detested more strongly than he did the baseness and meanness of arbitrary power. And he had little patience at the same time with conditions of any sort that rested upon mere precedent, or prescription. He welcomed every new triumph of science over inert matter, every fresh victory of truth over superstition, bigotry, or the unseeing eye, every salutary reform that vindicated the fitness of the human race for its destiny of unceasing self-advancement. His underlying instincts were firmly fixed in the ground, but his sympathies reached out on every side into the free air of expanding human hopes and aspirations. In his faith in the residuary wisdom and virtue of the mass of men, he is more like Jefferson than any of his Revolutionary compeers. "The People seldom continue long in the wrong, when it is nobody's Interest to mislead them," he wrote to Abel James. The tribute, it must be confessed, is a rather equivocal one, as it is always somebody's interest to mislead the People, but the sanguine spirit of the observation pervades all his relations to popular caprice or resentment. Less equivocal was his statement to Galloway: "The People do not indeed always see their Friends in the same favourable Light; they are sometimes mistaken, and sometimes misled; but sooner or later they come right again, and redouble their former Affection." Few were the public men of his age who looked otherwise than askance at universal suffrage, but he was not one of them.

Liberty, or freedom [he declared in his Some Good Whig Principles], consists in having an actual share in the appointment of those who frame the laws, and who are to be the guardians of every man's life, property, and peace; for the all of one man is as dear to him as the all of another; and the poor man has an equal right, but more need, to have representatives in the legislature than the rich one.

For similar reasons he was opposed to entails, and favored the application of the just and equal law of gavelkind to the division of intestate estates.

It was impossible for such a man as this not to ally himself with the popular cause, when he became a member of the Pennsylvania Assembly. At that time, the Proprietary Government of Pennsylvania had proved as odious to the people of the Province as the proprietary governments of South Carolina and the Jerseys had proved to the people of those Colonies. Almost from the time of the original settlement, the relations between the Assembly and the Penns had been attended by mutual bickerings and reproaches. First William Penn had scolded the Assembly in a high key, then his sons; and, in resolution after resolution, the Assembly had, in true British fashion, stubbornly asserted the liberties and privileges of their constituents, and given the Proprietary Government, under thinly veiled forms of parliamentary deference, a Roland for its every Oliver. The truth was that a Proprietary Government, uniting as it did governmental functions, dependent for their successful exercise upon the popular faith in the disinterestedness of those who exercised them, with the selfish concerns of a landlord incessantly at loggerheads with his vendees and tenants over purchase money and quitrents, was utterly incompatible with the dignity of real political rule,12 and hopelessly repugnant to the free English spirit of the Pennsylvanians. Under such circumstances, there could be no such thing as a true commonwealth; nor anything much better than a feudal fief. Political sovereignty lost its aspect of detachment and legitimate authority in the eyes of the governed, and wore the appearance of a mere organization for the transaction of private business. Almost as a matter of course, the Proprietaries came to think and speak of the Province as if it were as much their personal property as one of their household chattels, refusing, as Franklin said, to give their assent to laws, unless some private advantage was obtained, some profit got or unequal exemption gained for their estate, or some privilege wrested from the people; and almost, as a matter of course, the disaffected people of the Province sullenly resented a situation so galling to their pride and self-respect. Franklin saw all this with his usual clearness. After conceding in his Cool Thoughts that it was not unlikely that there were faults on both sides, "every glowing Coal being apt to inflame its Opposite," he expressed the opinion that the cause of the contentions was

radical, interwoven in the Constitution, and so become of the very Nature, of Proprietary Governments. And [he added] as some Physicians say, every Animal Body brings into the World among its original Stamina the Seeds of that Disease that shall finally produce its Dissolution; so the Political Body of a Proprietary Government, contains those convulsive Principles that will at length destroy it.

The Proprietary Government of Pennsylvania was bad enough in principle; it was made still worse by the unjust and greedy manner in which it was administered by Thomas and Richard Penn, who were the Proprietaries, when Franklin became a member of the Assembly. The vast estate of William Penn in Pennsylvania, consisting of some twenty-six million acres of land, held subject to the nominal obligation of the owner to pay to the King one fifth of such gold and silver as the Province might yield, descended upon the death of Penn to his sons John, Thomas and Richard, in the proportion of one half to John, as the eldest son, and in the proportion of one fourth each to Thomas and Richard. John died in 1746, after devising his one half share to Thomas; thus making Thomas the owner of three out of the four shares.13 The political powers of the Proprietaries were exercised by a deputy-governor whose position was in the highest degree vexatious and perplexing. He held his office by appointment of the Proprietaries, who resided in England, and the mode in which he was to discharge his duties was prescribed by rigid "instructions," issued to him by them. His salary, however, was derived from the Assembly, which was rarely at peace with the Proprietary Government. If he obeyed his instructions, he ran the risk of losing his salary; if he disobeyed them, he was certain to lose his place. Incredible as it may now seem, the main duty imposed upon him by his instructions was that of vetoing every tax bill enacted by the Assembly which did not expressly exempt all the located, unimproved and unoccupied lands of the Proprietaries, and all the quitrents, fines and purchase money out at interest, to which they were entitled, that is to say, the greater part of their immense estate. This was the axis about which the bitter controversy between the Popular and Proprietary parties, in which Franklin acquired his political training and reputation, revolved like one of the lurid waterspouts with which a letter that his correspondent John Perkins received from him has been illustrated. The Assembly insisted that they should not be required to vote money for the support of the Proprietary Government, unless the proprietary estate bore its proper share of the common burden. The Governor did not dare to violate his instructions for fear of being removed by his masters, and of being sued besides on the bond by which he had bound himself not to violate them. At times, the feud was so intense and absorbing, that, like a pair of gamecocks, too intent on their own deadly encounter to hear an approaching footstep, the combatants almost lost sight of the fact that, under the shelter of their dissensions, the Indian was converting the frontiers of Pennsylvania into a charred and blood-stained wilderness. Occasionally the Assembly had to yield the point with a reservation asserting that its action was not to be taken as a precedent, and once, when England as well as America was feeling the shock of Braddock's defeat, the pressure of public opinion in England was sufficient to coerce the Proprietaries into adding five thousand pounds to the sum appropriated by the Assembly for the defence of the Province. But, as a general thing, there was little disposition on either side to compromise. The sharpness of the issue was well illustrated in the bill tendered by the Assembly to Governor Morris for his signature after Braddock's defeat. Both before, and immediately after that catastrophe, he had, in reliance upon the critical condition of the public safety, endeavored to drive the Assembly into providing for the defence of the Province without calling upon the proprietary estate for a contribution. The bill in question declared "that all estates, real and personal, were to be taxed, those of the proprietaries not excepted." "His amendment," says Franklin in his brief way, "was, for not read only; a small, but very material alteration."14

This dependence of the Governor upon the Assembly for his salary and the dependence of the Assembly upon the Governor for the approval of its enactments brought about a traffic in legislation between them which was one of the most disgraceful features of the Proprietary régime; though it became so customary that even the most honorable Governor did not scruple to engage in it. This traffic is thus described by Franklin in his stirring "Preface to the Speech of Joseph Galloway, Esq.":

Ever since the Revenue of the Quit-rents first, and after that the Revenue of Tavern-Licenses, were settled irrevocably on our Proprietaries and Governors, they have look'd on those Incomes as their proper Estate, for which they were under no Obligations to the People: And when they afterwards concurr'd in passing any useful Laws, they considered them as so many Jobbs, for which they ought to be particularly paid. Hence arose the Custom of Presents twice a Year to the Governors, at the close of each Session in which Laws were past, given at the Time of Passing. They usually amounted to a Thousand Pounds per Annum. But when the Governors and Assemblies disagreed, so that Laws were not pass'd, the Presents were withheld. When a Disposition to agree ensu'd, there sometimes still remain'd some Diffidence. The Governors would not pass the Laws that were wanted, without being sure of the Money, even all that they call'd their Arrears; nor the Assemblies give the Money without being sure of the Laws. Thence the Necessity of some private Conference, in which mutual Assurances of good Faith might be receiv'd and given, that the Transactions should go hand in hand.

This system of barter prevailed even before Franklin became a member of the Assembly, and how fixed and ceremonious its forms sometimes were we can infer from what happened on one of the semi-annual market days during Governor Thomas' administration. Various bills were lying dormant in his hands. Accordingly the House ordered two of its members to call upon him and acquaint him that it had long "waited for his Result" on these bills, and desired to know when they might expect it. They returned and reported that the Governor was pleased to say that he had had the bills long under consideration, and "waited the Result" of the House. Then, after the House had resolved itself into a committee of the whole, for the purpose of taking the "Governor's support" into consideration, there was a further interchange of communications between the House and the Governor; the former reporting "some progress" to the Governor, and the Governor replying that, as he had received assurances of a "good disposition," on the part of the House, he thought it incumbent upon him to show the like on his part by sending down the bills, which lay before him, without any amendment. The manifestation of a good disposition was not the same thing as an actual promise to approve the bills; so the wary assembly simply resolved that, on the passage of such bills as then lay before the Governor, and of the Naturalization Bill, and such other bills as might be presented to him during the pending session, there should be paid to him the sum of five hundred pounds; and that, on the passage of the same bills, there should be paid to him the further sum of one thousand pounds for the current year's support. Agreeably with this resolution, orders were drawn on the Treasurer and Trustees of the Loan-Office, and, when the Governor was informed of the fact, he appointed a time for passing the bills which was done with one hand, while he received the orders in the other. Thereupon with the utmost politeness he thanked the House for the fifteen hundred pounds as if it had been a free gift, and a mere mark of respect and affection. "I thank you, Gentlemen," he said, "for this Instance of your Regard; which I am the more pleased with, as it gives an agreeable Prospect of future Harmony between me and the Representatives of the People."

Despicably enough, while this treaty was pending, the Penns had a written understanding with the Governor, secured by his bond, that they were to receive a share of all money thus obtained from the people whom they sought to load with the entire weight of taxation. Indeed, emboldened as Franklin said by the declining sense of shame, that always follows frequent repetitions of sinning, they later in Governor Denny's time had the effrontery to claim openly, in a written reply to a communication from the Assembly, with respect to their refusal to bear any part of the expenses entailed on the Province by the Indians, that the excess of these donatives over and above the salary of the Governor should belong to them. By the Constitution, they said, their consent was essential to the validity of the laws enacted by the People, and it would tend the better to facilitate the several matters, which had to be transacted with them, for the representatives of the People to show a regard to them and their interest. The Assembly hotly replied that they hoped that they would always be able to obtain needful laws from the goodness of their sovereign without going to the market for them to a subject. But the hope was a vain one, and to that market, directly or indirectly, the People of Pennsylvania still had to go, for some time to come. To use Franklin's language, there was no other market that they could go to for the commodity that they wanted.

Do not, my courteous Reader [he exclaims with fine scorn in the "Preface to the Speech of Joseph Galloway, Esq."] take Pet at our Proprietary Constitution, for these our Bargain and Sale Proceedings in Legislation. 'Tis a happy Country where Justice, and what was your own before, can be had for Ready Money. 'Tis another Addition to the Value of Money, and of Course another Spur to Industry. Every Land is not so bless'd. There are Countries where the princely Proprietor claims to be Lord of all Property; where what is your own shall not only be wrested from you, but the Money you give to have it restor'd, shall be kept with it, and your offering so much, being a Sign of your being too Rich, you shall be plunder'd of every Thing that remain'd. These Times are not come here yet: Your present Proprietors have never been more unreasonable hitherto, than barely to insist on your Fighting in Defence of their Property, and paying the Expences yourselves; or if their estates must, (ah! must) be tax'd towards it, that the best of their Lands shall be tax'd no higher than the worst of yours.

Governor Hamilton, who succeeded Governor Thomas, so far departed from the vicious practice of buying and selling laws as to sign them without prepayment, but, when he observed that the Assembly was tardy in making payment, and yet asked him to give his assent to additional laws, before prior ones had been paid for, he stated his belief to it that as many useful laws had been enacted by him as by any of his predecessors in the same space of time, and added that, nevertheless, he had not understood that any allowance had been made to him for his support, as had been customary in the Province. The hint proved effective, the money was paid and the bills were approved.

From the time that Franklin became a member of the Assembly until the time that the minor controversy between the Proprietary Party and the Popular Party in Pennsylvania was obscured by the larger controversy between the Crown and all the American Colonies, he was engaged in an almost uninterrupted struggle with the Proprietaries, first, for the annulment of their claim to exemption from taxation, and, secondly, for the displacement of their government by a Royal Government. If there was ever an interlude in this struggle, it was only because, in devising measures for the defence of the Province, a Proprietary Governor found it necessary, at some trying conjuncture, to rely upon the management of Franklin to quiet the Quakers, who constituted a majority of the Assembly and detested both war and the Proprietaries, or upon the general abilities and popularity of Franklin to strengthen his own feeble counsels. If there was any political tranquillity in the Province during this time, it was, to employ one of Franklin's own comparisons, only such tranquillity as exists in a naval engagement between two broadsides. On the one hand were ranged the official partisans and dependents of the Proprietary Government and other adherents of the kind, whose allegiance is likely to be won by the social prestige and political patronage of executive authority. To this faction, in the latter stages of the conflict, was added a large body of Presbyterians whose sectarian sympathies had been excited by the Scotch-Irish uprising against the Indians, of which we have previously spoken. On the other hand were ranged the Quakers, upon whom the burden of resisting the Proprietary encroachments upon the popular rights had mainly rested from the origin of the Province, and middle-class elements of the population whose views and sympathies were not highly colored by any special influences. The task of preparing resolutions, addresses and remonstrances, voicing the popular criticism of the Proprietaries, was mainly committed to Franklin by the Assembly. It was with him, too, as the ablest and most influential representative of the popular interest that the various Proprietary Governors usually dealt.

We first find him high in favor with Governor Thomas and his Council at the time of the Association because of his activity, when still only Clerk of the Assembly, in providing for the defence of the Province and arousing a martial spirit in its people. This was the period when the Quaker found it necessary to help his conscience out a little with his wit, and when Franklin made good use of the principle that men will countenance many things with their backs that they will not countenance with their faces. The Quaker majority in the Assembly did not relish his intimacy at this time with the members of the Council who had so often trod on their punctilio about military expenditures, and it might have been pleased, he conjectured, if he had voluntarily resigned his clerkship; "but," he declares in the Autobiography, "they did not care to displace me on account merely of my zeal for the association, and they could not well give another reason."

Governor Hamilton became so sick of the broils, in which he was involved by the Proprietary instructions, that he resigned. His successor was the Governor Morris whose father loved disputation so much that he encouraged his children to practise it when he was digesting his dinner. Franklin met him at New York when he was on his way to Boston, and Morris was on his way to Philadelphia to enter upon his duties as Governor. So ready for a war of words was the new Governor that, when Franklin returned from Boston to Philadelphia, he and the House had already come to blows, and the conflict never ceased as long as he remained Governor. In the conflict, Franklin was his chief antagonist. Whenever a speech or message of the Governor was to be answered, he was made a member of the Committee appointed to answer it, and by such committees he was invariably selected to draft the answer. "Our answers," he says, "as well as his messages, were often tart, and sometimes indecently abusive." But the Governor was at heart an amiable man, and Franklin, resolute as he was, when his teeth were fairly set, had no black blood in his veins. Though one might have imagined, he says, that he and the Governor could not meet without cutting throats, so little personal ill-will arose between them that they even often dined together.

One afternoon [he tells us in the Autobiography] in the height of this public quarrel, we met in the street. "Franklin," says he, "you must go home with me and spend the evening; I am to have some company that you will like"; and, taking me by the arm, he led me to his house. In gay conversation over our wine, after supper, he told us, jokingly, that he much admir'd the idea of Sancho Panza, who, when it was proposed to give him a government, requested it might be a government of blacks, as then, if he could not agree with his people, he might sell them. One of his friends, who sat next to me, says, "Franklin, why do you continue to side with these damn'd Quakers? Had you not better sell them? The Proprietor would give you a good price." "The Governor," says I, "has not yet blacked them enough." He, indeed, had laboured hard to blacken the Assembly in all his messages, but they wip'd off his colouring as fast as he laid it on, and plac'd it, in return, thick upon his own face; so that, finding he was likely to be negrofied himself, he, as well as Mr. Hamilton, grew tir'd of the contest, and quitted the Government.

All these disputes originated in the instructions given by the Proprietaries to their Governors not to approve any tax measure enacted by the Assembly that did not expressly exempt their estates; conduct which Franklin justly terms in the Autobiography "incredible meanness."

The ability of Governor Morris to keep on good terms with Franklin in spite of the perpetual wrangling between the Assembly and himself Franklin sometimes thought was due to the fact that the Governor was bred a lawyer and regarded him as simply the advocate of the Assembly and himself as simply the advocate of the Proprietaries. However this was, he sometimes called upon Franklin in a friendly way to advise with him on different points; and occasionally, though not often, Franklin tells us, took his advice. But when the miserable fugitives, who escaped from the Aceldama on the Monongahela, brought back to the settlements their awful tale of carnage and horror, and Dunbar and his rout were cravenly seeking the protection of those whom they should have protected, Governor Morris was only too glad to consult, and take the advice of, the strongest man on the American Continent, except the gallant Virginian, young in years, but from early responsibilities and hardships, as well as native wisdom and intrepidity, endowed with a calm judgment and tempered courage far beyond his years, whom Providence almost seemed to have taken under its direct guardianship for its future purposes on the day that Braddock fell. Later, when it appeared as if the Indians would carry desolation and death into the very bowels of Pennsylvania, the Governor was equally glad to place Franklin in charge of its Northwestern Frontier, and to thrust blank military commissions into his hands to be filled up by him as he pleased. And later still, when the desire of the Governor to consult with Franklin about the proper measures for preventing the desertion of the back counties of Pennsylvania had brought the latter home from the Northwestern Frontier, the Governor did not hesitate, in planning an expedition against Fort Duquesne, to offer Franklin a commission as general. If Franklin had accepted the offer, we are justified, we think, in assuming that he would have won at least as high a degree of credit as that which he accorded to Shirley. "For tho' Shirley," he tells us in the Autobiography, "was not a bred soldier, he was sensible and sagacious in himself, and attentive to good advice from others, capable of forming judicious plans, and quick and active in carrying them into execution." No mean summary of the military virtues of Franklin himself as a citizen soldier. But Franklin knew the limitations of his training too well to be allured by such a deceitful honor. There were few civil tasks to which he was not equal, but, when it came to being a military commander, he had the good sense to make an admission like that which Shirley made to him. When a banquet was given to Lord Loudon by the city of New York, Shirley was present, though the occasion was due to the fact that the command previously held by him had just been transferred to Loudon. Franklin noticed that he was sitting in a very low seat. "They have given you, sir, too low a seat," he said. "No matter, Mr. Franklin," replied Shirley, "I find a low seat the easiest." When Governor Morris saw that, disputatious as he was, he was no match in that respect for the Assembly, he was succeeded by Governor Denny, who brought over with him from England the gold medal awarded by the Royal Society to Franklin for his electrical discoveries. This honor as well as the political experience of his predecessors was calculated to impress upon the Governor the importance of being on good terms with Franklin. At all events, when the medal was delivered by him to Franklin at a public dinner given to himself, after his arrival at Philadelphia, he added to the gift some very polite expressions of his esteem, and assured Franklin that he had long known him by reputation. After dinner, he left the diners with their wine, and took Franklin aside into another room, and told him that he had been advised by his friends in England to cultivate a friendship with him as the man who was best able to give him good advice, and to make his task easy. Much also was said by the Governor about the good disposition of the Proprietary towards the Province and the advantage that it would be to everyone and to Franklin particularly if the long opposition to the Proprietary was abandoned, and harmony between him and the people restored. No one, said the Governor, could be more serviceable in bringing this about than Franklin himself, who might depend upon his services being duly acknowledged and recompensed. "The drinkers," the Autobiography goes on, "finding we did not return immediately to the table, sent us a decanter of Madeira, which the Governor made liberal use of, and in proportion became more profuse of his solicitations and promises."