The Autobiography of Benjamin Franklin | ||
AS SOON as I was settled in a lodging Mr. Charles had provided for me, I went to visit Dr. Fothergill, to whom I was strongly recommended, and whose counsel respecting my proceedings I was advis'd to obtain. He was against an immediate complaint to government, and thought the proprietaries should first be personally appli'd to, who might possibly be induc'd by the interposition and persuasion of some private friends, to accommodate matters amicably. I then waited on my old friend and correspondent, Mr. Peter Collinson, who told me that John Hanbury, the great Virginia merchant, had requested to be informed when I should arrive, that he might carry me to Lord Granville's, who was then President of the Council and wished to see me as soon as possible. I agreed to go with him the next morning. Accordingly Mr. Hanbury called for me and took me in his carriage to that nobleman's, who receiv'd me with great civility; and after some questions respecting the present state of affairs in America and discourse thereupon, he said to me: "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." I told his lordship this was new doctrine to me. I had always understood from our charters that our laws were to be made by our Assemblies, to be presented indeed to the king for his royal assent, but that being
After some days, Dr. Fothergill having spoken to the proprietaries, they agreed to a meeting with me at Mr. T. Penn's house in Spring Garden. The conversation at first consisted of mutual declarations of disposition to reasonable accommodations, but I suppose each party had its own ideas of what should be meant by reasonable. We then went into consideration of our several points of complaint, which I enumerated. The proprietaries justify'd their conduct as well as they could, and I the Assembly's. We now appeared very wide, and so far from each other in our opinions as to discourage all hope of agreement. However, it was concluded that I should give them the heads of our complaints in writing, and they promis'd then to consider them. I did so soon after, but they put the paper into the hands of their solicitor, Ferdinand John Paris, who managed for them all their law business in their great suit with the neighbouring proprietary of Maryland, Lord Baltimore, which had subsisted 70 years, and wrote for them all their papers and messages in their dispute with the Assembly. He was a proud, angry man, and as I had occasionally in the answers of the Assembly treated his papers with some severity, they being really weak in point of argument and haughty in expression, he had conceived a mortal enmity to me, which discovering itself whenever we met, I declin'd the proprietary's proposal that he and I should discuss the heads of complaint
The want of formality or rudeness was, probably, my not having address'd the paper to them with their assum'd titles of True and Absolute Proprietaries of the Province of Pennsylvania, which I omitted as not thinking it necessary in a paper, the intention of which was only to reduce to a certainty by writing, what in conversation I had delivered viva voce.
But during this delay, the Assembly having prevailed with Gov'r Denny to pass an act taxing the proprietary estate in common with the estates of the people, which was the grand point in dispute, they omitted answering the message.
When this act however came over, the proprietaries, counselled by Paris, determined to oppose its receiving the royal assent. Accordingly they petition'd the king in Council, and a hearing was appointed in which two lawyers were employ'd by them against the act, and two by me in support of it. They alledg'd that the act was intended to load the proprietary estate in order to spare those of the people, and that if it were suffer'd to continue in force, and the proprietaries who were in odium with the people, left to their mercy in proportioning the taxes, they would inevitably be ruined. We reply'd that the act had no such intention, and would have no such effect. That the assessors were honest
The Assembly looked into my entering into the first part of the engagement, as an essential service to the Province, since it secured the credit of the paper money then spread
The Autobiography of Benjamin Franklin | ||