Kitabı oku: «Benjamin Franklin; Self-Revealed, Volume 2 (of 2)», sayfa 8

The Autobiography makes it evident enough that for Loudon Franklin came to entertain the heartiest contempt.¹⁵ His Lordship's movements in 1757 he stigmatized as frivolous, expensive and disgraceful to the nation beyond conception. He was responsible, Franklin thought, for the loss of Fort George, and for the foundering of a large part of the Carolina fleet, which, for lack of notice from him, remained anchored in the worm-infested waters of Charleston harbor for three months, after he had raised his embargo on the exportation of provisions. Nor does Franklin hesitate to charge that this embargo, while laid on the pretence of cutting off the enemy from supplies, was in reality laid for the purpose of beating down the price of provisions in the interest of the contractors, in whose profits, it was suspected, that Loudon had a share. Not only did his Lordship decline, on the shallow pretext that he did not wish to mix his accounts with those of his predecessors, to give Franklin the order that he had promised him for the payment of the balance, still due him on account of Braddock's expedition, though liquidated by his own audit, but, when Franklin urged the fact that he had charged no commission for his services, as a reason why he should be promptly paid, his Lordship cynically replied, "O, Sir, you must not think of persuading us that you are no gainer; we understand better those affairs, and know that everyone concerned in supplying the army finds means, in the doing it, to fill his own pockets."

Franklin and his son arrived in London on July 27, 1757. Shortly after he had settled down in his lodgings, he called upon Dr. Fothergill, whose counsel he had been advised to obtain, and who thought that, before an application was made to the British Government, there should be an effort to reach an understanding with the Penns themselves. Then took place the interview between Franklin and Lord Granville, at which his Lordship, after some preliminary discourse, expressed this alarming opinion:

You Americans have wrong ideas of the nature of your constitution; you contend that the King's instructions to his governors are not laws, and think yourselves at liberty to regard or disregard them at your own discretion. But those instructions are not like the pocket instructions given to a minister going abroad, for regulating his conduct in some trifling point of ceremony. They are first drawn up by judges learned in the laws; they are then considered, debated, and perhaps amended in Council, after which they are signed by the king. They are then, so far as they relate to you, the law of the land, for the King is the LEGISLATOR OF THE COLONIES.

The correctness of this opinion was combated by Franklin. He told his Lordship that this was new doctrine to him, and that he had always understood from the American charters that the colonial laws were to be enacted by the assemblies of the Colonies, and that, once enacted and assented to by the King, the King could not repeal or alter them, and that, as the colonial assemblies could not make laws for themselves without his assent, so he could not make laws for them without their assent. The great man's reply was as brief as a great man's reply is only too likely to be when his opinions are questioned by his inferiors. It was merely that Franklin was totally mistaken. Franklin did not think so, and, concerned for fear that Lord Granville might be but expressing the sentiment of the Court, he wrote down what had been said to him as soon as he returned to his lodgings. The utterance reminded him that some twenty years before a bill had been introduced into Parliament by the ministry of that time containing a clause, intended to make the King's instructions laws in the Colonies, but that the clause had been stricken out of it by the House of Commons. For this, he said, the Colonies adored the Commons, as their friends and the friends of liberty, until it afterwards seemed as if they had refused the point of sovereignty to the King only that they might reserve it for themselves.

A meeting between the Proprietaries and Franklin was arranged by Doctor Fothergill. It assumed the form that such meetings are apt to assume, that is of mutual professions of an earnest desire to agree, repetition of the old antagonistic reasonings and a disagreement as stubborn as before. However, it was agreed that Franklin should reduce the complaints against the Proprietaries to writing, and that the Proprietaries were to consider them. When the paper was drawn, they submitted it to their solicitor, Ferdinand John Paris, who had represented them in the celebrated litigation between the Penns and the Lords Baltimore over the boundary line between Pennsylvania and Maryland, and had written all their papers and messages in their disputes with the Pennsylvania Assembly. "He was," says Franklin, "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." With Paris, Franklin refused to discuss the points of his paper, and the Proprietaries then, on the advice of Paris, placed it in the hands of the Attorney- and Solicitor-Generals for their opinion and advice. By them no answer was given for nearly a year, though Franklin frequently called upon the Proprietaries for an answer only to be told that they had not yet received the opinion of their learned advisers. What the opinion was when it was finally rendered the Proprietaries did not let Franklin know, but instead addressed a long communication, drawn and signed by Paris, to the Assembly, reciting the contents of Franklin's paper, complaining of its lack of formality as rudeness, and justifying their conduct. They would be willing, they said, to compose the dispute, if the Assembly would send out some person of candor to treat with them. Franklin supposed that the incivility imputed to him consisted in the fact that he had not addressed the Proprietaries by their assumed title of True and Absolute Proprietaries of the Province of Pennsylvania.

The letter of the Proprietaries was not answered by the Assembly. While they were pretending to treat with Franklin, Governor Denny had been unable to withstand the pressure of his situation, and, at the request of Lord Loudon, had approved an act subjecting the estates of the Penns to taxation. When this Act was transmitted to England, the Proprietaries, upon the advice of Paris, petitioned the King to withhold his assent from it, and, when the petition came on for hearing, the parties were represented by counsel. On the one hand it was contended that the purpose of the Act was to impose an oppressive burden upon the Proprietary estates, and that the assessment under it would be so unequal because of the popular prejudice against the Penns that they would be ruined. To this it was replied that the Act was not conceived with any such purpose, and would not have any such effect, that the assessors were honest and discreet men under oath, and that any advantage that might inure to them individually from over-assessing the property of the Proprietaries would be too trifling to induce them to perjure themselves. It was also urged in opposition to the petition that the money, for which the Act provided, had been printed and issued, and was now in the hands of the inhabitants of the Province, and would be deprived of all value, to their great injury, if the Act did not receive the royal assent merely because of the selfish and groundless fears of the Proprietaries. At this point, Lord Mansfield, one of the counsel for the Proprietaries, led Franklin off into a room nearby, while the other lawyers were still pleading, and asked him if he was really of the opinion that the Proprietary estate would not be unfairly taxed if the Act was executed. "Certainly," said Franklin. "Then," said he, "you can have little objection to enter into an engagement to assure that point." "None at all," replied Franklin. Paris was then called in, and, after some discussion, a paper, such as Lord Mansfield suggested, was drawn up and signed by Franklin and Mr. Charles, who was the agent of Pennsylvania for ordinary purposes, and the law was given the royal assent with the further engagement, upon the part of Franklin and Mr. Charles, that it should be amended in certain respects by subsequent legislation. This legislation, however, the Assembly afterwards declined to enact when a committee, appointed by it, upon which it was careful to place several close friends of the Proprietaries, brought in an unanimous report stating that the yearly tax levied before the order of the Council reached Pennsylvania had been imposed with perfect fairness as between the Proprietaries and the other tax-payers.

In the most important respect, therefore, Franklin's mission to England had resulted in success. The principle was established by the Crown that the estate of the Proprietaries was subject to taxation equally with that of the humblest citizen of Pennsylvania; and the credit of the paper money, then scattered throughout the province, was saved. The Assembly rewarded its servant, when he returned to Pennsylvania, with its formal thanks and the sum of three thousand pounds. He responded in the happy terms which he always had at his command on occasions of this sort. "He made answer," says the official report, "that he was thankful to the House, for the very handsome and generous Allowance they had been pleased to make him for his Services; but that the Approbation of this House was, in his Estimation, far above every other kind of Recompense."

The Proprietaries punished their servant, Governor Denny, by removing him and threatening him with suit for the breach of his bond, but it is a pleasure to be told in the Autobiography that his position was such that he could despise their threats.

While the duel was going on between the Proprietaries and the Assembly, Franklin had some significant things at times to say about it in his familiar letters. As far as we can see, his political course, during this period, was entirely candid and manly. He was on agreeable personal terms with all the colonial governors, he seems to have cherished an honest desire to be helpful to the Proprietaries, so far as their own illiberality and folly would allow him to be, and it is very plain that he was not without the feeling that the demands of the Popular Party itself were occasionally immoderate. He was quite willing for the sake of peace to concede anything except the essential points of the controversy, but when it came to these he was immovable as men of his type usually are when they realize that a claim upon them is too unjust or exorbitant even for their pacific temper.

I am much oblig'd to you for the favourable Light you put me in, to our Proprietor, as mention'd in yours of July 30 [he wrote to Peter Collinson in 1754], I know not why he should imagine me not his Friend, since I cannot recollect any one Act of mine that could denominate me otherwise. On the contrary if to concur with him, so far as my little Influence reach'd in all his generous and benevolent Designs and Desires of making his Province and People flourishing and happy be any Mark of my Respect and Dutyful Regard to him, there are many who would be ready to say I could not be suppos'd deficient in such Respect. The Truth is I have sought his Interest more than his Favour; others perhaps have sought both, and obtain'd at least the latter. But in my Opinion great Men are not always best serv'd by such as show on all Occasions a blind Attachment to them: An Appearance of Impartiality in general gives a Man sometimes much more Weight when he would serve in particular instances.

To the friend to whom these words were written Franklin was disposed to unbosom himself with unusual freedom, and, in the succeeding year, in another letter to Collinson, he used words which showed plainly enough that he thought that the Assembly too was at times inclined to indulge in more hair-splitting and testiness than was consistent with the public welfare.

You will see [he said] more of the same Trifling in these Votes in both sides. I am heartily sick of our present Situation; I like neither the Governor's Conduct, nor the Assembly's; and having some Share in the Confidence of both, I have endeavour'd to reconcile 'em but in vain, and between 'em they make me very uneasy. I was chosen last Year in my Absence and was not at the Winter Sitting when the House sent home that Address to the King, which I am afraid was both ill-judg'd and ill-tim'd. If my being able now and then to influence a good Measure did not keep up my Spirits I should be ready to swear never to serve again as an Assembly Man, since both Sides expect more from me than they ought, and blame me sometimes for not doing what I am not able to do, as well as for not preventing what was not in my Power to prevent. The Assembly ride restive; and the Governor tho' he spurs with both heels, at the same time reins in with both hands, so that the Publick Business can never move forward, and he remains like St. George on the Sign, Always a Horseback and never going on. Did you never hear this old Catch?

 
Their was a mad Man – He had a mad Wife,
And three mad Sons beside;
And they all got upon a mad Horse
And madly they did ride.
 

Tis a Compendium of our Proceedings and may save you the Trouble of reading them.

In a still later letter to the same correspondent, Franklin asserted that there was no reason for excluding Quakers from the House, since, though unwilling to fight themselves, they had been brought to unite in voting the sums necessary to enable the Province to defend itself. Then, after referring to the defamation, that was being heaped upon him by the Proprietary Party, in the place of the court paid to him when he had exerted himself to secure aids from the House for Braddock and Shirley, he said, "Let me know if you learn that any of their Slanders reach England. I abhor these Altercations and if I did not love the Country and the People would remove immediately into a more quiet Government, Connecticut, where I am also happy enough to have many Friends."

However, there was too much fuel for the fire to die down. The claim of the Proprietaries to exemption from taxation was only the most aggravated result of their efforts, by their instructions to their Governors, to shape the legislation of the Province in accordance with their own personal aims and pecuniary interests instead of in the spirit of the royal charter, which gave to William Penn, and his heirs, and his, or their, deputies or lieutenants, free, full and absolute power, for the good and happy government of Pennsylvania, to make and enact any laws, according to their best discretion, by and with the advice, assent and approbation of the freemen of the said country, or of their delegates or deputies. In the report of the Committee of Aggrievances of the Assembly, drawn by Franklin, the case of the freemen of the Province against the Penns, which led to Franklin's first mission to England, is clearly stated. They are arraigned not only for seeking to exempt the bulk of their estate from the common burden of taxation, but also, apart from this, for stripping, by their instructions, their governors, and thereby the People themselves, of all real discretion in fixing by legislation the measure and manner in which, and the time at which, aids and supplies should be furnished for the defence of the Province. They had even, the report charged, prohibited their governors, by their instructions, from assenting to laws disposing of interest arising from the loan of bills of credit or money raised by excise taxes – forms of revenue to which the Proprietary estate did not contribute at all – unless the laws contained a clause giving their governors the right to negative a particular application of the sums. Another grievance was the issuance by the governor of commissions to provincial judges, to be held during the will and pleasure of the governors instead of during good behavior, as covenanted by William Penn – a practice which gave the Proprietaries control of the judicial as well as the executive Branch of the provincial government.

For a time, after Franklin returned to Pennsylvania in 1762, there was something like peace between the Proprietaries and the people. When a nephew of Thomas Penn was appointed governor, the Assembly accepted him as a family pledge of restored good feeling.

The Assembly [Franklin wrote to Dr. Fothergill] received a Governor of the Proprietary family with open arms, addressed him with sincere expressions of kindness and respect, opened their purses to them, and presented him with six hundred pounds; made a Riot Act and prepared a Militia Bill immediately, at his instance, granted supplies, and did everything that he requested, and promised themselves great happiness under his administration.

And no governor was ever so dependent upon the good will of the Assembly. It was during his administration that the Scotch-Irish inhabitants of the frontier, inflamed by Indian outrages, imbrued their hands in the blood of the Conestoga Indians, and, so far from being intimidated by the public proclamations issued by the Governor for their arrest and punishment, marched to the very threshold of Philadelphia itself with the purpose of destroying the Moravian Indians huddled there in terror of their lives. The whole Province outside of the City of Philadelphia was given over to lawlessness and disorder. In the contagious excitement of the hour, a considerable portion of its population even believed that the Quakers had gained the friendship of the Indians by presents, supplied them secretly with arms and ammunition, and engaged them to fall upon and kill the whites on the Pennsylvania frontier. Under these circumstances, the Governor simply did what Governor Morris and Governor Denny had been compelled to do before him, namely, call in the aid of the man who could in a letter to Peter Collinson truthfully sum up all that there was in the military demonstration which angered Thomas Penn so deeply with the simple utterance, "The People happen to love me." The whole story was told by Franklin to Dr. Fothergill in the letter from which we have just quoted.

More wonders! You know that I don't love the Proprietary and that he does not love me. Our totally different tempers forbid it. You might therefore expect that the late new appointments of one of his family would find me ready for opposition. And yet when his nephew arrived, our Governor, I considered government as government, and paid him all respect, gave him on all occasions my best advice, promoted in the Assembly a ready compliance with everything he proposed or recommended, and when those daring rioters, encouraged by general approbation of the populace, treated his proclamation with contempt, I drew my pen in the cause; wrote a pamphlet (that I have sent you) to render the rioters unpopular; promoted an association to support the authority of the Government and defend the Governor by taking arms, signed it first myself, and was followed by several hundreds, who took arms accordingly. The Governor offered me the command of them, but I chose to carry a musket and strengthen his authority by setting an example of obedience to his order. And would you think it, this proprietary Governor did me the honour, in an alarm, to run to my house at midnight, with his counsellors at his heels, for advice, and made it his head-quarters for some time. And within four and twenty hours, your old friend was a common soldier, a counsellor, a kind of dictator, an ambassador to the country mob, and on his returning home, nobody again. All this has happened in a few weeks.

With the retirement of the backwoodsmen from Philadelphia to their homes, sprang up one of the angriest factional contests that Pennsylvania had ever known. Every malignant passion, political or sectarian, that lurked in the Province was excited into the highest degree of morbid life. The Presbyterians, the Churchmen, even some of the Quakers, acclaimed the Paxton Boys as instruments of a just vengeance, and they constituted a political force, which the Governor was swift to utilize for the purpose of strengthening his party. He dropped all efforts to apprehend the murderers of the Conestoga Indians, granted a private audience to the insurgents, and accused the Assembly of disloyalty, and of encroaching upon the prerogatives of the Crown, only because it had been presumptuous enough to make an appointment to a petty office in a bill tendered to him for his assent. It was during his administration, too, that the claim was made that, even if the Proprietary estate had been subjected to taxation by the Lords in Council, under the terms of one of the amendments, proposed by them, "the best and most valuable," of the Proprietary lands "should be tax'd no higher than the worst and least valuable of the People's."

When the conflict was reopened, the Assembly boldly brought it to an issue. One of its committees, with Franklin at its head, reported a series of resolutions censuring the proprietaries, condemning their rule as too weak to maintain its authority and repress disorder, and petitioning the King to take over the Government of the Province, after such compensation to the Proprietaries as was just. The Assembly then adjourned to sound the temper of their constituents, and their adjournment was the signal for a pamphlet war attended by such a hail of paper pellets as rarely marked any contest so early in the history of the American Colonies. Among the best of them was the pamphlet written by Franklin, and entitled Cool Thoughts on the Present Situation of our Public Affairs, which has already been mentioned, and which denounced in no uncertain terms the "insolent Tribunitial VETO," with which the Proprietaries were in the habit of declaring that nothing should be done, unless their private interests in certain particulars were served.

On May 14, 1764, the Assembly met again, and was soon deeply engaged in a debate as to whether an address should be sent to the King, praying the abolition of the Proprietary Government. Long did the debate last; Joseph Galloway making the principal argument in support of the proposition, and John Dickinson the principal one against it. When the vote was taken, the affirmative prevailed, but, as Isaac Norris, who had been a member of the body for thirty years, and its speaker for fifteen, was about to be bidden by it to sign the address, he stated that, since he did not approve it, and yet would have to sign it as speaker, he hoped that he might have time to draft his objections to it. A short recess ensued, and when the members convened again, Norris sent word that he was too sick to be present, and requested that another person should be chosen as speaker. The choice of the body then fell upon Franklin, who immediately signed the paper.

The next sitting of the Assembly was not to be held until the succeeding October, and before that time the annual election for members of the Assembly was to take place. For the purpose of influencing public opinion, Dickinson, upon its adjournment, published his speech with a long preface by Dr. William Smith. Galloway followed suit by publishing his speech with a long preface by Franklin. This preface is one of Franklin's masterpieces, marked it is true by some quaint conceits and occasional relaxations of energy, but full of power and withering sarcasm. Preceded by such a lengthy and brilliant preface, Galloway must have felt that his speech had little more than the secondary value of an appendix. With the consummate capacity for pellucid statement, which was one of Franklin's most remarkable gifts, it narrated the manner in which the practice of buying legislation from the Proprietaries had been pursued. With equal force and ingenuity, it demonstrated that five out of the six amendments, proposed by the Lords in Council to the Act, approved by Governor Denny, did not justify the charge that the circumstances, in which they originated, involved any real injustice to the Proprietaries, and that the sixth, which forbade the tender to the Proprietaries of paper bills of fluctuating value, in payment of debts payable to them, under the terms of special contracts, in coin, if a measure of justice to them, would be also a measure of justice to other creditors in the same situation, who were not mentioned in the amendment.

Referring to the universal practice in America of making such bills a legal tender and the fact that the bills in question would have been a legal tender as respects the members of the Assembly and their constituents as well as the Proprietaries, Franklin's preface glows like an incandescent furnace in these words:

But if he (the reader) can not 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 Honor, with the least Tincture in his Veins of the Gentleman, but would have blush'd 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, mov'd Heaven and Earth to obtain it, resolv'd to ruin Thousands of his Tenants by a Repeal of the Act, rather than miss of it, 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… Those who study Law and Justice, as a Science [he added in an indignant note] have established it a Maxim in Equity, "Qui sentit commodum, sentire debet et onus." And so consistent is this with the common Sense of Mankind, that even our lowest untaught Coblers and Porters feel the Force of it in their own Maxim, (which they are honest enough never to dispute) "Touch Pot, touch Penny."

Other passages in the Preface were equally scorching. Replying to the charge of the Proprietaries that the Quaker Assembly, out of mere malice, because they had conscientiously quitted the Society of Friends for the Church, were wickedly determined to ruin them by throwing the entire burden of taxation on them, Franklin had this to say:

How foreign these Charges were from the Truth, need not be told to any Man in Pennsylvania. And as the Proprietors knew, that the Hundred Thousand Pounds of paper money, struck for the defence of their enormous Estates, with others, was actually issued, spread thro' the Country, and in the Hands of Thousands of poor People, who had given their Labor for it, how base, cruel, and inhuman it was, to endeavour by a Repeal of the Act, to strike the Money dead in those Hands at one Blow, and reduce it all to Waste Paper, to the utter Confusion of all Trade and Dealings, and the Ruin of Multitudes, merely to avoid paying their own just Tax! – Words may be wanting to express, but Minds will easily conceive, and never without Abhorrence!

But fierce as these attacks were, they were mild in comparison with the shower of stones hurled by Franklin at the Proprietaries in the Preface in one of those lapidary inscriptions which were so common in that age. The prefacer of Dickinson's Speech had inserted in his introduction a lapidary memorial of William Penn made up of tessellated bits of eulogy, extracted from the various addresses of the Assembly itself. This gave Franklin a fine opportunity to retort in a similar mosaic of phrases and to contrast the meanness of the sons with what the Assembly had said of the father.

That these Encomiums on the Father [he said] tho' sincere, have occurr'd so frequently, was owing, however, to two Causes; first, a vain Hope the Assemblies entertain'd, that the Father's Example, and the Honors done his Character, might influence the Conduct of the Sons; secondly, for that in attempting to compliment the Sons on their own Merits, there was always found an extreme Scarcity of Matter. Hence the Father, the honored and honorable Father, was so often repeated, that the Sons themselves grew sick of it; and have been heard to say to each other with Disgust, when told that A, B, and C. were come to wait upon them with Addresses on some public Occasion, "Then I suppose we shall hear more about our Father." So that, let me tell the Prefacer, who perhaps was unacquainted with this Anecdote, that if he hop'd to curry more Favor with the Family, by the Inscription he has fram'd for that great Man's Monument, he may find himself mistaken; for, – there is too much in it of our Father.

If therefore, he would erect a Monument to the Sons, the Votes of Assembly, which are of such Credit with him, will furnish him with ample Materials for his Inscription.

To save him Trouble, I will essay a Sketch for him, in the Lapidary Style, tho' mostly in the Expressions, and everywhere in the Sense and Spirit of the Assembly's Resolves and Messages.

 
Be this a Memorial
Of T – and R – P – ,
P – of P, —
Who, with Estates immense,
Almost beyond Computation,
When their own Province,
And the whole British Empire
Were engag'd in a bloody and most expensive War,
Begun for the Defence of those Estates,
Could yet meanly desire
To have those very Estates
Totally or Partially
Exempted from Taxation,
While their Fellow-Subjects all around them, Groan'd
Under the Universal Burthen.
To gain this Point,
They refus'd the necessary Laws
For the Defence of their People,
And suffer'd their Colony to welter in its Blood,
Rather than abate in the least
Of these their dishonest Pretensions.
The Privileges granted by their Father
Wisely and benevolently
To encourage the first Settlers of the Province,
They,
Foolishly and cruelly,
Taking Advantage of public Distress,
Have extorted from the Posterity of those Settlers;
And are daily endeavouring to reduce them
To the most abject Slavery:
Tho' to the Virtue and Industry of those People
In improving their Country,
They owe all that they possess and enjoy.
A striking Instance
Of human Depravity and Ingratitude;
And an irrefragable Proof,
That Wisdom and Goodness
Do not descend with an Inheritance;
But that ineffable Meanness
May be connected with unbounded Fortune.
 

It may well be doubted whether any one had ever been subjected to such overwhelming lapidation as this since the time of the early Christian martyrs.