To William Franklin: Journal of Negotiations in London
AD and copy: Library of Congress
On board the Pensylvania Packet Capt. Osborne,
bound to Philadia. March 22. 1775.
Dear Son
Having now a little Leisure for Writing, I will endeavour, as I
promised you, to recollect what Particulars I can of the Negociations
I have lately been concern’d in, with regard to the Misunderstandings
between Great Britain and America.
During the Recess of the last Parliament, which had pass’d
the severe Acts against the Province of the Massachusetts Bay,
the Minority having been sensible of their Weakness as an Effect
of their Want of Union among themselves, began to think
seriously of a Coalition. For they saw in the Violence of these
American Measures, if persisted in, a Hazard of Dismembring,
Weakning, and perhaps Ruining, the British Empire. This
inclin’d some of them to propose such an Union with each other
as might be more respectable in the ensuing Session, have more
Weight in Opposition, and be a Body out of which a new
Ministry might easily be formed, should the ill Success of the
late Measures, and the Firmness of the Colonies in resisting them
make a Change appear necessary to the King. I took some pains
to promote this Disposition, in Conversations with several of the
principal among the Minority of both Houses, whom I beseech’d
and conjur’d most earnestly, not to suffer by their little Misunderstandings
so glorious a Fabric to be demolished by these
Blunderers; and for their Encouragement, assur’d them, as far as
my Opinions could give any Assurance, of the Firmness and
Unanimity of America, the Continuance of which was what they
had frequent Doubts of, and appeared extreamly apprehensive
and anxious concerning it.
From the Time of the Affront given me at the Council Board
in January 1774, I had never attended the Levee of any Minister.
I made no Justification of my self from the Charges brought
against me: I made no Return of the Injury by abusing my
Adversaries; but held a cool sullen Silence, reserving my self to
some future Opportunity; for which Conduct I had several
Reasons not necessary here to specify. Now and then I heard it
said, that the reasonable Part of the Administration were asham’d
of the Treatment they had given me. I suspected that some who
told me this, did it to draw from me my Sentiments concerning it,
and perhaps my Purposes: But I said little or nothing upon the
Subject. In the mean time their Measures with regard to New
England failing of the Success that had been confidently expected,
and finding themselves more and more embarrass’d, they began,
(as it seems) to think of making use of me, if they could, to assist
in disengaging them. But it was too humiliating to think of
applying to me openly and directly; and therefore it was contriv’d
to obtain what they could of my Sentiments thro’ others.
The Accounts from America during the Recess, all manifested
that the Measures of Administration had neither divided
nor intimidated the People there; that on the contrary they were
more and more united and determined, and that a Nonimportation
Agreement was likely to take place. The Ministry thence Apprehending,
that this, by distressing the trading and manufacturing
Towns, might influence votes against the Court in the Elections
for a new Parliament, which were in course to come on the succeeding
Year, suddenly and unexpectedly dissolv’d the old one,
and ordered the Choice of a new one within the shortest time
admitted by Law, before the Inconveniences of that Agreement
could begin to be felt or produce any such Effect.
When I came to England in 1757, you may remember I made
several Attempts to be introduc’d to Lord Chatham, (at that time
first Minister) on Account of my Pensilvania Business, but without
Success. He was then too great a Man, or too much occupy’d
in Affairs of greater Moment. I was therefore oblig’d to content
my self with a kind of non-apparent and un-acknowledg’d
Communication thro’ Mr. Potter and Mr. Wood his Secretaries,
who seem’d to cultivate an Acquaintance with me by their
Civilities, and drew from me what Information I could give
relative to the American War, with my Sentiments occasionally
on Measures that were proposed or advised by others. I afterwards
considered Mr. Pitt as an Inaccessible: I admired him at a
distance, and made no more Attempts for a nearer Acquaintance.
I had only once or twice the Satisfaction of hearing thro’ Lord
Shelburne and I think Lord Stanhope that he did me the honour
of mentioning me sometimes as a Person of respectable Character.
But towards the End of August last, returning from Brighthelmstone,
I called to visit my Friend Mr. Sargent at his Seat,
Halsted, in Kent, agreable to a former Engagement. He let me
know, that he had promised to conduct me to Lord Stanhope’s at
Chevening, who expected I would call on him when I came into
that Neighbourhood. We accordingly waited on Lord Stanhope
that Evening, who told me Lord Chatham desired to see me;
and that Mr. Sargent’s House where I was to lodge, being in the
way, he would call for me there the next Morning and carry me to
Hayes. This was done accordingly. That truly great Man Lord
Chatham receiv’d me with abundance of Civility, enquired
particularly into the Situation of Affairs in America, spoke
feelingly of the Severity of the late Laws against the Massachusetts,
gave me some Account of his Speech in Opposing them and
express’d great Regard and Esteem for the People of that Country,
who he hop’d would continue firm and united in defending by all
peaceable and legal Means their constitutional Rights. I assur’d
him that I made no doubt they would do so; which he said he was
pleas’d to hear from me, as he was sensible I must be well
acquainted with them. I then took occasion to remark to him, that
in former Cases great Empires had crumbled first at their Extremities
from this Cause, that Countries remote from the Seat and
Eye of Government which therefore could not well understand
their Affairs for want of full and true Information, had never been
well governed, but had been oppress’d by bad Governors, on
Presumption that Complaint was difficult to be made and
supported against them at such a Distance. Hence such Govrs.
had been encouraged to go on, till their Oppressions became
intolerable. But that this Empire had happily found and long been
in the Practice of a Method, whereby every Province was well
governed, being trusted in a great Measure with the Government
of itself, and that hence had arisen such Satisfaction in the Subjects,
and such Encouragement to new Settlements, that had it not
been for the late wrong politicks, (which would have Parliament
to be omnipotent, tho’ it ought not to be so unless it could at the
same time be omniscient) we might have gone on extending our
Western Empire adding Province to Province as far as the South
Sea. That I lamented the Ruin which seemed impending over so
fine a Plan, so well adapted to make all the Subjects of the
greatest Empire happy; and I hoped that if his Lordship with the
other great and wise Men of this Nation would unite and exert
themselves; it might yet be rescu’d out of the mangling Hands of
the present Set of Blundering Ministers, and that the Union and
Harmony between Britain and her Colonies so necessary to the
Welfare of both might be restored. He replied with great Politeness,
that my Idea of extending our Empire in that Manner, was a sound
one, and worthy of a great, benevolent and comprehensive Mind.
He wish’d with me for a good Understanding among the different
Parts of the Opposition here, as a Means of restoring the ancient
Harmony of the two Countries, which he most earnestly desir’d;
but he spoke of the Coalition of our domestick Parties as attended
with Difficulty, and rather to be desired than expected.
He mention’d an Opinion prevailing here that America aim’d at
setting up for itself as an independent State; or at least to get rid
of the Navigation Acts. I assur’d him, that having more than once
travelled almost from one end of the Continent to the other and
kept a great Variety of Company, eating drinking and conversing
with them freely, I never had heard in any Conversation
from any Person drunk or sober, the least Expession of a Wish
for a Separation, or Hint that such a Thing would be advantageous
to America. And as to the Navigation Act, the main material
Part of it, that of carrying on the Trade in British or Plantation
Bottoms excluding foreign Ships from our Ports, and navigating
with ¾ British Seamen, was as acceptable to us as it could be to
Britain. That we were even not against Regulations of the
General Commerce by Parliament provided such Regulations
were bona fide for the Benefit of the whole Empire, not for the small
Advantage of one Part to the great Injury of another such as the
obliging our Ships to call in England with our Wine and Fruit
from Portugal or Spain; the restraint on our Manufactures, in
the Woolen and Hatmaking Branches, the Prohibiting of
Slitting Mills, Steel Works, &c. He allow’d that some Amendment
might be made in those Acts; but said those relating to the
Slitting Mills, trip Hammers and Steel Works, were agreed to by
our Agents in a Compromise on the Opposition made here to
abating the Duty. In fine he express’d much Satisfaction in my
having call’d upon him, and particularly in the Assurances I had
given him that America did not aim at Independence, adding that
he should be glad to see me again as often as might be; I said I
should not fail to avail myself of the Permission he was pleas’d
to give me of waiting upon his Lordship occasionally, being
very sensible of the Honour, and of the great Advantage and
Improvement I should reap from His instructive Conversation,
which indeed was not a meer Compliment.
The new Parliament was to meet the 29th of November.
About the Beginning of that Month, being at the Royal Society,
Mr. Raper one of our Members told me there was a certain Lady
who had a Desire of Playing with me at Chess, fancying she
could beat me, and had requested him to bring me to her: it was,
he said, a Lady with whose Acquaintance he was sure I should be
pleas’d, a Sister of Lord Howe’s, and he hop’d I would not refuse
the Challenge. I said I had been long out of Practice, but would
wait upon the Lady when he and she should think fit. He told me
where her House was, and would have me call soon and without
farther Introduction, which I undertook to do; but thinking it a
little awkward, I postpon’d it; and on the 30th meeting him again
at the Feast of the Society Election, being the Day after the
Parliament met, he put me in Mind of my Promise, and that I had
not kept it, and would have me name a Day when he said he
would call for me and conduct me. I nam’d the Friday following.
He call’d accordingly. I went with him, play’d a few Games with
the Lady, whom I found of very sensible Conversation and
pleasing Behaviour, which induc’d me to agree most readily to an
Appointment for another Meeting a few Days after, tho’ I had
not the least Apprehension that any political Business could have
any Connection with this new Acquaintance.
On the Thursday preceding this Chess Party, Mr. David
Barclay call’d on me to have some Discourse concerning the
Meeting of Merchants to petition Parliament. When that was
over, he spoke of the dangerous Situation of American Affairs,
the Hazard that a Civil War might be bro’t on by the present
Measures, and the great Merit that Person would have, who could
contrive some Means of preventing so terrible a Calamity, and
bring about a Reconciliation. He was then pleas’d to add, that
he was persuaded, from my Knowledge of both Countries, my
Character, and Influence in one of them, and my Abilities in
Business, no Man had it so much in his Power as myself. I
naturally answer’d, that I should certainly be very happy if I
could in any degree be instrumental in so good a Work; but that
I saw no Prospect of it: For that tho’ I was sure the Americans
were always willing and ready to agree upon any equitable
Terms, yet I thought an Accommodation impracticable unless
both sides wish’d it, and by what I could judge from the Proceedings
of the Ministry, I did not believe they had the least
Disposition towards it; that they rather wish’d to provoke the N
E. People into an open Rebellion, which might justify a military
Execution, and thereby gratify a grounded Malice which I
conceived to exist here against the Whigs and Dissenters of that
Country. Mr. Barclay apprehended I judg’d too hardly of the
Ministers; he was persuaded they were not all that Temper, and
he fancy’d they would be very glad to get out of their present
Embarrasment on any Terms, only saving the Honour and
Dignity of Government. He wish’d therefore that I would think
of the Matter, and he would call again and converse with me
farther upon it. I said I would do so, as he requested it, but I had
no Opinion of its answering any Purpose. We parted upon this.
But two Days after I receiv’d a Letter from him, inclos’d in a
Note from Dr. Fothergill, both which follow.
Here insert the Letters of Dec. 3. No. 1, 2.
<Barclay invites him to a meeting tomorrow with Fothergill, who
seconds the invitation.>
The Time thus appointed was the Evening of the Day on
which I was to have my second Chess Party with the agreable
Mrs. Howe, whom I met accordingly. After Playing as long as
we lik’d, we fell into a little Chat, partly on a Mathematical
Problem, and partly about the new Parliament then just met,
when she said, “And what is to be done with this Dispute
between Britain and the Colonies? I hope we are not to have a
Civil War. They should kiss and [be] Friends, says I, what can
they do better? Quarrelling can be of Service to neither but is
Ruin to both. I have often said, says she, that I wish’d Government
would employ you to settle the Dispute for ’em. I am sure
no body could do it so well. Don’t you think that the thing is
practicable? Undoubtedly, Madam, if the Parties are dispos’d to
Reconciliation; for the two Countries have really no clashing
Interest to differ about. It is rather a Matter of Punctilio, which
Two or three reasonable People might settle in half an Hour.
I thank you for the good Opinion you are pleas’d to express of
me: But the Ministers will never think of employing me in that
good Work, they chuse rather to abuse me. Ay, says She, they
have behav’d shamefully to you. And indeed some of them are
now asham’d of it themselves.” I look’d upon this as accidental
Conversation, thought no more of it, and went in the Evening
to the appointed Meeting at Dr. Fothergill’s, where I found Mr.
Barclay with him.
The Doctor expatiated feelingly on the Mischiefs likely to
ensue from the present Difference, the Necessity of accommodating
it, and the great Merit of being instrumental in so good a
Work; concluding with some Compliments to me, that no body
understood the Subject so thoroughly and had a better Head for
Business of the kind; that it seem’d therefore a Duty incumbent
on me, to do every thing I could to accomplish a Reconciliation.
And that as he had with Pleasure heard from D. Barclay that I
had promis’d to think of it, he hop’d I had put Pen to Paper,
form’d some Plan for Consideration and brought it with me. I
answer’d that I had form’d no Plan; as the more I thought of the
Proceedings against the Colonies, the more satisfy’d I was, that
there did not exist the least Disposition in the Ministry to an
Accommodation; that therefore all Plans must be useless. He
said I might be mistaken: That whatever was the Violence of
some, he had reason, good reason, to believe others were differently
dispos’d; and that if I would draw a Plan which we three
upon considering should judge reasonable, it might be made use
of, and answer some good Purpose, since he believ’d that either
himself or D. Barclay, could get it communicated to some of the
most moderate among the Ministers, who would consider it with
Attention and what appear’d reasonable to us, two of us being
Englishmen, might appear so to them. As they both urg’d this
with great Earnestness, and when I mention’d the Impropriety
of my doing any thing of the kind at the time we were in daily
Expectation of hearing from the Congress, who undoubtedly
would be explicit on the Means of Restoring a good Understanding,
they seem’d impatient, alledging that it was uncertain when
we should receive the Result of the Congress, and what it would
be, that the least Delay might be dangerous, that additional
Punishments for New England were in Contemplation, and
Accidents might widen the Breach, and make it irreparable,
therefore something preventive could not be too soon thought of
and apply’d: I was therefore finally prevail’d with to promise
Doing what they desir’d, and to meet them again on Tuesday
Evening at the same Place, and bring with me something for
their Consideration.
Accordingly, at the Time, I met with them, and produc’d
the following Paper;
Here insert the hints &c.
In reading this Paper a second time I gave my Reasons at length
for each Article.
On the first I observ’d, that when the Injury was done,
Britain had a Right to Reparation and would certainly have had
it on Demand, as was the Case when Injury was done by Mobs
in the time of the Stamp Act; or she might have a Right to
return an equal Injury, if she rather chose to do that; but she
could not have a Right both to Reparation and to return an equal
Injury, much less had she a Right to return the Injury ten or
twenty fold, as she had done by blocking up the Port of Boston.
All which extra Injury ought in my Judgment to be repair’d by
Britain. That therefore if Paying for the Tea was agreed to by me,
as an Article fit to be propos’d, it was merely from a Desire of
Peace, and in Compliance with their Opinion express’d at our
first Meeting, that this was a sine qua non, that the Dignity of
Britain requir’d it, and that if this were agreed to, every thing
else would be easy. This Reasoning was allow’d to be just; but
still the Article was thought necessary to stand as it did.
On the 2d. That the Act should be repeal’d as having never
answer’d any good Purpose, as having been the Cause of the
present Mischief, and never likely to be executed. That the Act
being considered as unconstitutional by the Americans, and
what the Parliament had no Right to make, they must consider
all the Money extorted by it as so much wrongfully taken, and
of which therefore Restitution ought to be made; and the rather
as it would furnish a Fund out of which the Payment for the
Tea destroy’d might best be defrayed. The Gentlemen were of
Opinion, that the first Part of this Article viz. the Repeal might be
obtain’d, but not the refunding Part, and therefore advis’d
striking that out: But as I thought it just and right, I insisted on
its standing.
On the 3d and 4th Articles I observ’d we were frequently
charg’d with Views of abolishing the Navigation Act. That in
truth, the Parts of it which were of most Importance to Britain,
as tending to increase its naval Strength; viz. those restraining the
Trade to be carried on only in Ships belonging to British Subjects,
navigated by at least ¾ British or Colony Seamen, &c. were as
acceptable to us as they could be to Britain, since we wish’d to
employ our own Ships in preference to Foreigners, and had no
Desire to see foreign Ships enter our Ports. That indeed the
obliging us to land some of our Commodities in England before
we could cary them to foreign Markets, and forbidding our
Importation of some Goods directly from foreign Countries, we
thought a Hardship, and a greater Loss to us than Gain to
Britain, and therefore proper to be repeal’d: But as Britain had
deem’d it an equivalent for her Protection, we had never apply’d
or propos’d to apply for such Repeal. And if they must be continu’d,
I thought it best, (since the Power of Parliament to make
them was now disputed) that they should be re-enacted in all the
Colonies, which would demonstrate their Consent to them. And
then, if as in the 6th Article, all the duties arising on them were
to be collected by Officers appointed and salaried in the respective
Governments, and the Produce paid into their Treasuries, I was
sure the Acts would be better and more faithfully executed, and
at much less Expence and one Great Source of Misunderstanding
removed, between the two Countries, viz. the Calumnies of low
Officers appointed from home, who were forever abusing the
People of the Country to Government, to magnify their own
Zeal, and recommend themselves to Promotion. That the
Extension of the Admiralty Jurisdiction so much complain’d of
would then no longer be necessary. And that besides its being
the Interest of the Colonies to execute those Acts, which is the
best Security, Government might be satisfy’d of its being done,
from Accounts to be sent home by the Naval Officers of the 4th
Article. The Gentlemen were satisfy’d with these Reasons and
approv’d the 3d and 4th Articles; so they were to stand.
The 5th they apprehended would meet with Difficulty. They
said That restraining Manufactures in the Colonies was a favourite
Idea here; and therefore they wish’d that Article to be omitted,
as the proposing it would alarm, and hinder perhaps the considering
and granting others of more Importance: But as I
insisted on the Equity of allowing all Subjects in every Country
to make the most of their natural Advantages, they desired I
would at least alter the last Word from repealed to reconsidered,
which I comply’d with.
In maintaining the 7th Article (which was at first objected to,
on the Principle that all under the Care of Government should
pay towards the Support of it,) my Reasons were, that if every
distinct Part of the King’s Dominions supported its own Government
in time of Peace, it was all that could justly be required of it;
that all the old or confederated Colonies had done so from their
beginning; that their Taxes for that purpose were very considerable;
that new Countries had many public Expences which old
ones were free from, the Works being done to their Hands by
their Ancestors, such as making Roads and Bridges, erecting
Churches, Courthouses, Forts Quays, and other Publick
Buildings, founding Schools and Places of Education, Hospitals
and Almshouses, &c. &c. that the voluntary and the legal
Subscriptions and Taxes for such Purposes taken together
amounted to more than was paid by equal Estates in Britain.
That it would be best for Britain on two Accounts, not to take
Money from us as Contribution to its public Expence in time of
Peace, first, for that just so much less would be got from us in
Commerce, since all we could spare was already gain’d from us
by Britain in that Way and secondly, that coming into the
Hands of British Ministers, accustomed to Prodigality of Publick
Money, it would be squandered and dissipated, answering no
good general purpose. That if we were to be taxed towards the
Support of Government in Britain, as Scotland has been since the
Union, we ought then to be allow’d the same Privileges in
Trade as she has been allow’d. That if we are call’d upon to give
to the Sinking Fund, or for lessening the National Debt,
Ireland ought to be likewise called upon, and both they and we,
if we gave, ought to have some Means established of enquiring
into the Application, and securing a Compliance with the Terms
on which we should grant. That British Ministers would perhaps
not like our meddling with such Matters; and that hence might
arise new Causes of Misunderstanding. That upon the whole
therefore I thought it best on all sides, that no Aids should be
asked or expected from the Colonies in Time of Peace; that it
would then be their Interest to grant bountifully, and exert
themselves vigorously in time of War, the sooner to put an End
to it. That Specie was not to be had to send to England in Supplies,
but the Colonies could carry on War with their own Paper
Money, which would pay Troops, and for Provisions, Transports,
Carriages, Clothing, Arms, &c. so This 7th Article was at
length agreed to without farther Objection.
The 8th. the Gentlemen were confident would never be
granted. For the whole World would be of Opinion that the
King who is to defend all Parts of his Dominions should have of
course a Right to place his Troops where they might best
answer that purpose. I supported the Article upon Principles
equally important in my Opinion to Britain as to the Colonies:
For that if the King could bring into one Part of his Dominions,
Troops rais’d in any other Part of them, without the Consent of
the Legislature of the Part to which they were brought, he might
bring Armies rais’d in America into England without Consent
of Parliament, which probably would not like it, as a few Years
since they had not lik’d the Introduction of the Hessians and
Hanoverians, tho’ justified by the Supposition of its being a Time
of Danger. That if there should be at any time a real Occasion
for British Troops in America, there was no doubt of obtaining
the Consent of the Assemblies there: and I was so far from being
willing to drop this Article, that I thought I ought to add another
requiring all the present Troops to be withdrawn, before America
could be expected to treat or agree upon any Terms of Accommodation;
as what they should now do of that kind might be
deem’d the Effect of Compulsion, the Appearance of which
ought as much as possible to be avoided, since those reasonable
things might be agreed to where the Parties seem’d at least to act
freely, which would be strongly refus’d under Threats or the
Semblance of Force. That the withdrawing the Troops was
therefore necessary to make any Treaty or Agreement durably
binding on the Part of the Americans since Proof of having acted
under Force would invalidate any Agreement. And it could be
no Wonder that we should insist on the Crown’s having no
Right to bring a standing Army among us in time of Peace, when
we saw now before our Eyes a striking Instance of the Ill Use to be
made of it, viz. to distress the King’s Subjects in different Parts
of his Dominions, one Part after the other, into a Submission
to arbitrary Power, which was the avowed Design of the Army
and Fleet now plac’d at Boston. Finding me obstinate, the
Gentlemen consented to let this stand but did not seem quite to
approve of it. They wish’d they said to have this a Paper or Plan
that they might show, as containing the Sentiments of considerate
Impartial Persons, and such as they might as Englishmen support,
which they thought could not well be the case with this Article.
The 9th Article was so drawn in Compliance with an Idea of
Dr. Fothergill’s started at our first Meeting, viz. That Government
here would probably not be satisfied with the Promise of
voluntary Grants in time of War from the Assemblies, of which
the Quantity must be uncertain; that therefore it would be best
to proportion them in some Way to the Shillings in the Pound
rais’d in England; but how such Proportion could be ascertained
he was at a Loss to contrive, and I was desired to consider it.
It had been said, too, that Parliament was become jealous of
the Right claimed and heretofore used by the Crown, of raising
Money in the Colonies without parliamentary Consent, and therefore
since we would not pay Parliamentary Taxes, future Requisitions
must be made with Consent of Parliament and not otherwise.
I wondered that the Crown should be willing to give up that
separate Right, but had no Objection to its limiting itself, if it
thought proper: so I drew the Article accordingly, and contrived
to proportion the Aid by the Tax of the last Year of Peace. And
since it was thought that the Method I should have liked best,
would never be agreed to, viz. a Continental Congress to be
call’d by the Crown, for answering Requisitions and proportioning
Aids; I chose to leave Room for voluntary Additions by the
separate Assemblies, that the Crown might have some Motive for
calling them together and Cultivating their Good Will, and they
have some Satisfaction in showing their Loyalty and their Zeal
in the common Cause, and an Opportunity of manifesting their
Disapprobation of a War if they did not think it a just one. This
Article therefore met with no Objection from them, and I had
another Reason for liking it, viz. that the View of the Proportion
to be given in time of War, might make us the more frugal in
time of Peace.
For the 10th Article, I urg’d the Injustice of seizing that
Fortress, (which had been built at an immense Charge by the
Province for the Defence of their Port against national Enemies)
and turning it into a Citadel for awing the Town, restraining
their Trade, blocking up their Port, and depriving them of their
Privileges. That a great deal had been said of their Injustice in
destroying the Tea; but here was a much greater Injustice
uncompensated, that Castle having cost the Province £300,000.
And that such a Use made of a Fortress they had built, would
not only effectually discourage every Colony from ever building
another, and thereby leave them more expos’d to foreign Enemies,
but was a good Reason for their insisting that the Crown should
never erect any hereafter in their Limits without the Consent of
their Legislatures. The Gentlemen had not much to say against
this Article; but thought it would hardly be admitted.
The 11th Article it was thought would be strongly objected
to; that it would be urged we the old Colonists could have nothing
to do with the Affairs of Canada, whatever we had with those of
the Massachusetts; that it would be considered as an officious
Meddling merely to disturb Government; and that some even of
the Massachuset Acts were tho’t by Administration to be Improvements
of that Government, viz. those altering the Appointment
of Counsellors, the Choice of Jurymen, and the Forbidding of
Town-Meetings. I reply’d, that we having assisted in the Conquest
of Canada, at a great Expence of Blood and Treasure, had
some Right to be considered in the Settlement of it. That the
Establishing an arbitrary Government on the back of our Settlements
might be dangerous to us all; and that loving Liberty
ourselves, we wish’d it to be extended among Mankind, and to
have no Foundation for future Slavery laid in America. That as to
Amending the Massachusetts Government, tho’ it might be shown
that every one of these pretended Amendments were real Mischiefs,
yet that Charters being Compacts between two Parties,
the King and the People, no Alteration could be made in them
even for the better, but by Consent of both Parties. That the
Parliament’s Claim and Exercise of a Power to alter our Charters
which had always been deem’d irrevocable but for Forfeiture,
and to alter Laws made in pursuance of those Charters which
had received the Royal Approbation, and thenceforth deemed
fix’d and unchangeable but by the Powers that made them, had
render’d all our Constitutions uncertain, and set us quite afloat.
That as by claiming a Right to tax us ad libitum, they depriv’d us
of all Property; so by this Claim of altering our Laws and
Charters, at will, they depriv’d us of all Privilege and Right
whatever, but what we should hold at their Pleasure. That this
was a Situation we could not be in, and must risque Life and every
thing rather than submit to it. So this Article remained.
The 12th Article I explain’d, by acquainting the Gentlemen,
with the former Situation of the Judges in most Colonies, viz.
that they were appointed by the Crown and paid by the Assemblies.
That the Appointment being during the Pleasure of the
Crown, the Salary had been during the Pleasure of the Assembly.
That when it has been urg’d against the Assemblies that their
making Judges dependent on them for their Salaries, was aiming
at an undue Influence over the Courts of Justice; the Assemblies
usually reply’d, that making them dependent on the Crown for
Continuance in their Places, was also retaining an Undue Influence
over those Courts; and that one undue Influence was a
proper Balance for the other, but that whenever the Crown would
consent to Acts making the Judges during good Behaviour, the
Assemblies would at the same time grant their Salaries to be
permanent during their Continuance in Office. This the Crown
has however constantly refused. And this equitable Offer is now
again here proposed; the Colonies not being able to conceive, why
their Judges should not be render’d as independent as those in
England. That on the contrary the Crown now claim’d to make
the Judges in the Colonies dependent on its Favour for both
Place and Salary, both to be continu’d at its Pleasure. This the
Colonies must oppose as inequitable, as putting both the Weights
into one of the Scales of Justice. If therefore the Crown does not
chuse to commission the Judges during good Behaviour, with
equally permanent Salaries, the Alternative is propos’d, that the
Salaries continue to be paid during the Pleasure of the Assemblies
as heretofore. The Gentlemen allow’d this Article to be reasonable.
The 13th was objected to, as nothing was generally tho’t
more reasonable here, than that the King should pay his own
Governor, in order to render him independent of the People,
who otherwise might aim at influencing him against his Duty by
occasionally witholding his Salary. To this I answer’d, that
Governors sent to the Colonies were often Men of no Estate or
Principle, who came merely to make Fortunes, and had no natural
Regard for the Country they were to govern. That to make them
quite independent of the People, was to make them careless of
their Conduct whether it was beneficial or mischievous to the
Publick, and giving a Loose to their Rapacious and oppressive
Dispositions. That the Influence supposed could never extend to
operate any thing prejudicial to the King’s Service or the Interest
of Britain; since the Governor was bound by a Set of particular
Instructions, which he had given Surity to observe; and all the
Laws he assented to were subject to be repeal’d by the Crown
if found improper. That the Payment of the Salaries by the
People was more satisfactory to them, as it was productive of a
good Understanding, and mutual good Offices between Governor
and Governed, and therefore the Innovation lately made in that
respect at Boston and New York had in my Opinion better be
laid aside. So this Article was suffered to remain.
But the 14th was thought totally inadmissible. The Monopoly
of the American Commerce could never be given up, and the
Proposing it would only given Offence without answering any
good Purpose. I was therefore prevail’d on to strike it wholly out.
The 15th was readily agreed to.
The 16th it was thought would be of little consequence if
the Duties were given to the Colony Treasuries.
The 17th it was thought could hardly be obtain’d, but might
be try’d.
Thus having gone thro’ the whole, I was desired to make a
fair Copy for Dr. Fothergill, who now inform’d us, that having
an Opportunity of seeing daily Lord Darmouth, of whose good
Disposition he had a high Opinion, he would communicate the
Paper to him, as the Sentiments of considerate Persons who
wish’d the Welfare of both Countries. Suppose, says Mr. B. I
were to show this Paper to Lord Hyde? Would there be any
thing amiss in so doing? He is a very knowing Man, and tho’ not
in the Ministry properly speaking, he is a good deal attended to
by them. I have some Acquaintance with him, we converse freely
sometimes and perhaps if he and I were to talk these Articles over,
and I should communicate to him our Conversation upon them
some Good might arise out of it. Dr. fothergil had no Objection;
and I said I could have none. I knew Lord Hyde a little, and had
an Esteem for him. I had drawn the Paper up at their Request,
and it was now theirs to do with it what they pleas’d. Mr. B. Then
propos’d that I should send the fair Copy to him, which after
making one for Dr. F. and one for himself, he would return me.
Another Question then arose, whether I had any Objection to
their mentioning that I had been consulted. I said, none that
related to myself; but it was my Opinion, if they wish’d any
Attention paid to the Propositions, it would be better not to
mention me; the Ministry having, as I conceiv’d, a Prejudice
against me and every thing that came from me. They said, on
that Consideration it might be best not to mention me, and so
it was concluded. For my own part, I kept this whole Proceeding
a dead Secret: But I soon after found that it had taken
Air by some means or other.
Being much interrupted the Day following I did not copy and
send the Paper. The next Morning I receiv’d a Note from Mr. B.
pressing to have it before 12 o Clock. [In the margin: No. 3, Dec.
8.] I accordingly sent it to him.
Three Days after I receiv’d a Note from him on some other
Business, at the Conclusion of which he says...
<that he met a
nobleman who, on his way to discuss the matter with another
peer, commented that he saw some light in it.>
[In the margin:
No 4. Dec. 11. put these two at Bottom as a Note.] The Person
so met and accompany’d by Mr. B. I understood to be Lord Hyde,
going either to Lord Dartmouth’s or Lord North’s, I knew not
which.
In the week following arriv’d the Proceedings of the Congress
which had been long and anxiously expected both by the Friends
and Adversaries of America. The first Impression made by them
on People in general was greatly in our favour. Administration
seem’d to be stagger’d, were impatient to know whether the
Petition mention’d in the Proceedings was come to my Hands,
and took a round-about Method of obtaining that Information,
by getting a ministerial Merchant a known Intimate of the
Sollr Genr. to write me a Letter importing that he heard I
had receiv’d such a Petition, that I was to be attended in presenting
it by the Merchants, and begging to know the Time,
that he might “attend on so important an Occasion, and give his
Testimony to so good a Work.” Before these Proceedings
arriv’d it had been given out, that no Petition from the Congress
could be receiv’d, as they were an illegal Body; But the Secretary
of State after a Days Perusal, during which a Council was held,
told us it was a decent and proper Petition, and chearfully undertook
to present it to his Majesty, who, he afterwards assur’d
us, was pleased to receive it very graciously, and to promise to
lay it, as soon as they met, before his two Houses of Parliament;
and we had reason to believe that at that time, the Petition was
intended to be made the Foundation of some Change of Measures;
but that purpose, if such there were, did not long continue.
About this time I receiv’d a Letter from Mr. Barclay, then at
Norwich, dated Dec. 18, expressing his Opinion, that it might be
best to postpone taking any farther Steps in the Affair of procuring
a Meeting and Petition of the Merchants, (on which we
had had several Consultations) till after the Holidays, thereby to
give the Proceedings of the Congress more time to work upon
Men’s Minds; adding...
<that the ministry may, upon reflection,
come to see value in the “Hints”; Lord Hyde wishes that they
may prove beneficial to both sides.>
On the 22d Mr. B. was come
to town when I din’d with him, and learnt that Lord H. tho’t the
Propositions too hard.
On the 24th, I receiv’d the following Note from a considerable
Merchant in the City, viz. Mr. William Neate presents, &c.
Here insert it [in the margin: No 5]
<Neate inquires about the
rumor that Franklin’s influence with Lord North has procured a
settlement that accords with the wishes of the late Congress.>
My Answer was to this Effect, that I should be very happy to
be able to inform him that the Report he had heard, had some
Truth in it; but I could only assure him that I knew nothing of the
Matter. Such Reports however were confidently circulated, and
had some Effect in recovering the Stocks, which had fallen 3 or 4
Per Cent.
On Christmas Day, visiting Mrs. Howe, she told me as soon
as I came in, that her Brother Lord Howe wish’d to be acquainted
with me; that he was a very good Man, and she was sure we should
like each other. I said I had always heard a good Character of
Lord Howe, and should be proud of the Honour of being known
to him. He is but just by, says she; will you give me Leave to
send for him? By all means, Madam, if you think proper. She
rang for a Servant, wrote a Note, and Lord H. came in a few
Minutes.
After some extreamly polite Compliments as to the general
Motives for his desiring an Acquaintance with me, he said he
had a particular one at this time, viz. the alarming Situation of our
Affairs with America, which no one he was persuaded understood
better than myself; that it was the Opinion of some Friends of his,
that no Man could do more towards reconciling our Differences
than I could if I would undertake it; that he was sensible I had
been very ill treated by the Ministry but he hop’d that would not
be consider’d by me in the present case: that he himself, tho’ not
in Opposition, had much disapprov’d of their Conduct towards
me; that some of them he was sure were asham’d of it, and sorry
it had happen’d, which he suppos’d must be sufficient to abate
Resentment in a great and generous Mind; that if he were himself
in Administration, he should be ready to make me ample Satisfaction
which he was persuaded would one day or other be done;
that he was unconnected with the Ministry except by some
personal Friendships, wish’d well however to Government was
anxious for the general Welfare of the whole Empire, and had a
particular Regard for New England which had shown a very
endearing Respect to his Family; That he was merely an
independent Member of Parliament, desirous of doing what Good
he could agreeable to his Duty in that Station; that he therefore
had wish’d for an Opportunity of obtaining my Sentiments on the
Means of Reconciling our Differences, which he saw must be
attended with the most mischievous Consequences if not speedily
accommodated; that he hop’d his Zeal for the public Welfare,
would with me excuse the Impertinence of a mere Stranger, who
could have otherwise no reason to expect, or right to request
me to open my Mind to him on these Topics; but he did conceive
that if I would indulge him with my Ideas of the Means proper
to bring about a Reconciliation, it might be of some Use; that
perhaps I might not be willing myself to have any direct Communication
with this Ministry on this Occasion; that I might
likewise not care to have it known that I had any indirect Communication
with them, till I could be well assur’d of their good
Dispositions; that being himself upon no ill Terms with them,
he thought it not impossible that he might by conveying my
Sentiments to them and theirs to me, be a means of bringing on a
good Understanding without committing either them or me, if
his Negociation should not succeed. And that I might rely on his
keeping perfectly secret every thing I should wish to remain so.
Mrs. Howe here offering to withdraw, whether of herself, or
from any Sign by him, I know not, I begg’d she might stay, as I
should have no Secret in a Business of this Nature that I could not
freely confide to her Prudence. Which was Truth; for I had never
conceiv’d a higher Opinion of the Discretion and excellent Understanding
of any Woman on so short an Acquaintance. I added
that tho’ I had never before the Honour of being in his Lordship’s
Company, his Manner was such as had already engag’d my
Confidence and would make me perfectly easy and free in communicating
myself to him. I begg’d him in the first Place to give
me Credit for a sincere Desire of healing the Breach between the
two Countries; that I would chearfully and heartily do every
thing in my small Power to accomplish it; but that I apprehended
from the King’s Speech, and from the Measures talk’d of as well
as those already determin’d on, no Intention or Disposition of the
kind existed in the present Ministry, and therefore no Accommodation
could be expected till we saw a Change. That as to
what his Lordship mentioned of the personal Injuries done me,
those done my Country were so much greater that I did not
think the others at this time worth mentioning; that besides it was
a fix’d Rule with me not to mix my private Affairs with those of
the publick; that I could join with my personal Enemy in serving
the Publick, or, when it was for its Interest, with the Publick in
serving that Enemy.
These being my Sentiments, his Lordship might be assur’d
that no private Considerations of the kind should prevent my
being as useful in the present Case as my small Ability would
permit. He appear’d satisfy’d and pleased with these Declarations,
gave it me as his sincere Opinion, that some of the Ministry
were extreamly well dispos’d to any reasonable Accommodation,
preserving only the Dignity of Government: and he wish’d me
to draw up in Writing some Propositions containing the Terms
on which I conceived a good Understanding might be obtained
and established, and the Mode of Proceeding to accomplish it,
which Propositions as soon as prepared we might meet to
consider, either at his House or at mine, or where I pleas’d:
but as his being seen at my House or me at his, might he thought
occasion some Speculation, it was concluded to be best to meet
at his Sister’s who readily offered her House for the purpose, and
where there was a good Pretence with her Family and Friends for
my being often seen, as it was known we play’d together at
Chess. I undertook accordingly to draw up something of the
kind, and so for that time we parted agreeing to meet at the same
place again on the Wednesday following.
I din’d about this time by Invitation with Governor Pownall.
There was no Company but the Family, and after Dinner we had
a tete-a-tete. He had been in the Opposition; but was now about
making his Peace, in order to come into Parliament upon
ministerial Interest, which I did not then know. He told me what
I had before been told by several of Lord North’s Friends, that
the American Measures were not the Measures of that Minister,
nor approved by him; that on the contrary he was well dispos’d
to promote a Reconciliation upon any Terms honourable to
Government; that I had been look’d upon as the great Fomenter
of the Opposition in America, and as great an Adversary to any
Accommodation; that he, Govr. P. had given a different Account
of me, and had told his Lordp. that I was certainly much misunderstood:
From the Govrs. farther Discourse I collected that
he wish’d to be employ’d as an Envoy or Commissioner to
America to settle the Differences and to have me with him; but as I
apprehended there was little Likelihood that either of us should be
so employ’d by Government, I did not give much Attention
to that Part of his Discourse.
I should have mention’d in its place, (but one cannot recollect
every thing in order) that declining at first to draw up the
Propositions desired, by Lord Howe, I alledg’d its being unnecessary,
since the Congress in their Petition to the King, just
then receiv’d and presented thro’ Lord Dartmouth, had stated their
Grievances, and pointed out very explicity what would restore
the ancient Harmony; and I read a Part of the Petition to show
their good Disposition, which being very pathetically express’d,
seem’d to affect both the Brother and Sister. But still I was
desired to give my Ideas of the Steps to be taken, in case some of
the Propositions in the Petition should not be thought admissible.
And this, as I said before, I undertook to do.
I had promised Lord Chatham to communicate to him the
first important News I should receive from America. I therefore
sent him the Proceedings of the Congress as soon as I receiv’d
them. But a whole Week pass’d after I receiv’d the Petition
before I could, as I wish’d to do, wait upon him with it, in order to
obtain his Sentiments on the whole; for my time was taken up in
Meetings with the other Agents to consult about presenting the
Petition, in waiting three different Days with them on Lord
Dartmouth, in consulting upon and Writing Letters to the
Speakers of Assemblies, and other Business which did not
allow me a Day to go to Hayes. At last on Monday the 26th, I got
out, and was there about One a Clock. He receiv’d me with an
affectionate kind of Respect that from so great a Man was
extreamly engaging. But the Opinion he express’d of the Congress
was still more so. They had acted, he said with so much Temper,
Moderation and Wisdom, that he thought it the most honourable
Assembly of Statesmen since those of the ancient Greeks and
Romans in the most virtuous Times. That there were not in
their whole Proceedings above one or two things he could have
wish’d otherwise, perhaps but one, and that was, their Assertion,
that the keeping up a standing Army in the Colonies in time of
Peace without Consent of their Legislatures was against Law;
he doubted that was not well founded: and that the Law alluded
to did not extend to the Colonies. The rest he admir’d and
honour’d. He thought the Petition decent, manly, and properly
express’d. He enquired much and particularly concerning the
State of America, the Probability of their Perseverance, the
Difficulty’s they must meet with in Adhering for any long time
to their Resolutions, the Resources they might have to supply
the Deficiency of Commerce; to all which I gave him Answers
with which he seem’d well satisfy’d. He express’d a great Regard
and warm Affection for that Country, with hearty Wishes for
their Prosperity; and that Government here might soon come to
see its Mistakes and rectify them, and intimated that possibly he
might, if his Health permitted prepare something for its Consideration,
when the Parliament should meet after the Holidays,
on which he should wish to have previously my Sentiments.
I mentioned to him the very hazardous State I conceiv’d
we were in by the Continuance of the Army in Boston; that
whatever Disposition there might be in the Inhabitants to give no
just Cause of Offence to the Troops, or in the General to preserve
Order among them, an unpremeditated unforeseen Quarrel
might happen between perhaps a drunken Porter and a Soldier,
that might bring on a Riot, Tumult and Bloodshed, and in its
Consequences produce a Breach impossible to be healed: that
the Army could not possibly answer any good purpose there, and
might be infinitely mischievous: that no Accommodation could
properly be propos’d and entred into by the Americans while
the Bayonet was at their Breasts: that to have any Agreement
binding all Force should be withdrawn. His Lordship seem’d to
think these Sentiments had something in them that was reasonable.
From Hayes I went to Halsted, Mr. Sargent’s, to dine, intending
thence a Visit to Lord Stanhope at Chevening; but
hearing there that his Lordship and the Family were in town, I
staid at Halstead all Night, and the next Morning went to Chislehurst
to call upon Lord Camden, it being in my way to Town.
I met his Lordship and Family in two Carriages just without his
Gate going on a Visit of Congratulation to Lord Chatham and his
Lady on the late Marriage of their Daughter to Lord Mahon, Son
of Lord Stanhope. They were to be back at Dinner. So I agreed
to go in, stay Dinner, and spend the Evening there, and not
return to Town till next Morning. We had that Afternoon and
Evening a great deal of Conversation on American Affairs,
concerning which he was very inquisitive, and I gave him the
best Information in my Power. I was charm’d with his generous
and noble Sentiments; and had the great Pleasure of hearing his
full Approbation of the Proceedings of the Congress, the Petition,
&c. of which, at his Request I afterwards sent him a Copy. He
seem’d anxious that the Americans should continue to act with
the same Temper, Coolness and Wisdom, with which they had
hitherto proceeded in most of their publick Assemblies, in which
case he did not doubt they would succeed in establishing their
Rights, and obtain a solid and durable Agreement with the
Mother Country, of the Necessity and great Importance of which
Agreement, he seemed to have the strongest Impressions.
I return’d to town the next Morning in time to meet at the
Hour appointed, Lord Howe. I apologiz’d for my not being
ready with the Paper I had promis’d, by my having been kept
longer than I intended in the Country. We had however a good
deal of Conversation on the Subject, and his Lordship told me he
could now assure me of a Certainty that there was a sincere
Disposition in Lord North and Lord Dartmouth to accommodate
the Differences with America and to listen favourably
to any Propositions that might have a probable tendency to
answer that salutary Purpose. He then ask’d me what I thought
of sending some Person or Persons over, commission’d to enquire
into the Grievances of America upon the Spot, converse
with the leading People, and endeavour with them to agree upon
some Means of composing our Differences? I said that a Person
of Rank and Dignity, who had a Character of Candour, Integrity
and Wisdom, might possibly, if employed in that Service be of
great Use. He seem’d to be of the same Opinion, and that whoever
was employ’d should go with a hearty Desire of promoting a
sincere Reconciliation; on the Foundation of mutual Interests
and mutual Good Will; that he should endeavour not only to
remove their Prejudices against Government, but equally the
Prejudices of Govt. against them, and bring on a perfect good
Understanding, &c. Mrs. Howe said, I wish Brother you were
to be sent thither in such a Service; I should like that much better
than General Howe’s going to command the Army there. I
think, Madam, says I, they ought to provide for General Howe
some more honourable Employment. Lord Howe here took
out of his Pocket a Paper, and offering it to me said, smiling, if
it is not an unfair Question, may I ask whether you know any
thing of this Paper? Upon looking at it, I saw it was a Copy in
D. Barclay’s Hand of the Hints before recited: and said, that I
had seen it; adding a little after, that since I perceived his Lordship
was acquainted with a Transaction my Concern in which I had
understood was to have been kept a Secret, I should make no
Difficulty in owning to him that I had been consulted on the
Subject, and had drawn up that Paper. He said he was rather
sorry to find that the Sentiments express’d in it were mine, as it
gave him less hopes of promoting by my Assistance the wish’d-for
Reconciliation, since he had reason to think there was no
likelyhood of the Admission of those Propositions. He hop’d
however that I would re-consider the Subject, and form some
Plan that would be acceptable here. He expatiated on the infinite
Service it would be to the Nation, and the great Merit of being
instrumental in so good a Work; that he should not think of
influencing me by any selfish Motive, but certainly I might with
reason expect any Reward in the Power of Government to
bestow. This to me was what the French call Spitting in the Soup.
However I promis’d to draw some Sketch of a Plan at his Request,
tho’ I much doubted, I said, whether it would be thought preferable
to that he had in his Hand. But he was willing to hope that
it would, and as he consider’d my Situation; that I had Friends
here and Constituents in America to keep well with; that I might
possibly propose something improper to be seen in my Hand-writing;
therefore it would be best to send it to Mrs. Howe, who
would copy it send the Copy to him to be communicated to the
Ministry, and return me the Original. This I agreed to tho’ I did
not apprehend the Inconvenience he mention’d. In general I
lik’d much his Manner, and found my self dispos’d to place
great Confidence in him on Occasion, but in this particular the
Secrecy he propos’d seem’d not of much Importance.
In a Day or two I sent the following Paper inclos’d in a Cover
directed to the Honourable Mrs. Howe.
(Here insert it.) [In the margin:] No 6
<Britain loses nothing by repealing the acts that the Congress
asks to have repealed, and should make other concessions voluntarily:
authorize the next Congress and send a royal representative
of stature to preside over it; then, having thus strengthened the
hands of Britain’s American friends, ask for such reciprocal
concessions as the government deems necessary.>
On the Saturday Evening I saw Mrs. Howe who inform’d me
she had transcrib’d and sent the Paper to Lord Howe in the
Country, and she return’d me the Original. On the following
Tuesday Jan. 3. I receiv’d a Note from her, enclosing a Letter
she had receiv’d from Lord Howe the last Night, which follows
in these Words.
(Here insert the Letter dated Jan. 2.) [In the margin:] No 7 and 8
<The propositions of “our worthy friend” will make agreement
much more difficult than he had anticipated, but he will forward
them.>
His Lordship had in his last Conversation with me, acknowledged
a Communication between him and the Ministry, to
whom he wish’d to make my Sentiments known. In this Letter
from the Country he owns the Receipt of them, and mentions his
Intention of forwarding them, that is, as I understood it, to the
Ministers; but expresses his Apprehensions that such Propositions
were not likely to produce any good Effect. Some time after,
perhaps a Week, I received a Note from Mrs. Howe desiring to
see me. I waited upon her immediately, when she show’d me a
Letter from her Brother, of which having no Copy, I can only
give from the best of my Recollection the Purport of it, which I
think was this, that he desired to know from their Friend, meaning
me thro’ her means, whether it might not be expected, that if that
Friend would engage for their Payment of the Tea as a Preliminary,
relying on a promised Redress of their Grievances on
future Petitions from their Assembly, they would approve of his
making such Engagement; and whether the Proposition in the
former Paper, (the Hints) relating to Aids was still in Contemplation
of the Author. As Mrs. Howe proposed sending to her
Brother that Evening, I wrote immediately the following Answer,
which she transcrib’d and forwarded.
Here insert it. [In the margin:] No 9
The Proposition, &c.
<The proposition about aids remains
unchanged, and his constituents would not agree to pay for the
tea before redress of their grievances.>
At the Meeting of Parliament after the Holidays, which was on
the [19] of Jany. Lord Howe return’d to Town, when we had
another Meeting, at which he lamented that my Propositions
were not such as probably could be accepted; intimated that it
was thought I had Powers or Instructions from the Congress to
make Concessions on Occasion that would be more satisfactory.
I disclaim’d the having any of any kind but what related to the
presenting of their Petition. We talk’d over all the Particulars in
my Paper; which I supported with Reasons; and finally said that
if what I had proposed would not do, I should be glad to hear
what would do: I wish’d to see some Propositions from the
Ministers themselves. His Lordp. was not, he said, as yet fully
acquainted with their Sentiments, but should learn more in a
few Days. It was however some Weeks before I heard any thing
farther from him.
In the mean while Mr. Barclay and I were frequently together
on the Affair of preparing the Merchants Petition, which took
up so much of his time that he could not conveniently see Lord
Hyde, so he had no Information to give me concerning the Hints,
and I wonder’d I heard nothing of them from Dr. Fothergill. At
length however, but I cannot recollect about what time, the Dr.
called on me, and told me, he had communicated them, and with
them had verbally given my Arguments in support of them, to
Lord Dartmouth, who after Consideration, had told him, some
of them appear’d reasonable, but other were inadmissible or
impracticable. That having occasion to see frequently the Speaker,
he had also communicated them to him, as he found him very
anxious for a Reconciliation. That the Speaker had said it would
be very humiliating to Britain to be oblig’d to submit to such
Terms. But the Doctor told him she had been unjust; and ought
to bear the Consequences, and alter her Conduct; that the Pill
might be bitter; but it would be salutary, and must be swallow’d.
That these were the Sentiments of impartial Men after thorough
Consideration and full Information of all Circumstances, and
that sooner or later these or similar Measures must be follow’d,
or the Empire would be divided and ruined. The Doctor on the
whole hop’d some Good would be effected by our Endeavours.
On the 19th of Jany. I receiv’d a Card from Lord Stanhope,
acquainting me, that Lord Chatham having a Motion to make on
the Morrow in the House of Lords concerning America, greatly
desired that I might be in the House, into which Lord S. would
endeavour to procure me Admittance. At this time it was a Rule
of the House that no Peer could introduce more than one Friend.
The next Morning, his Lordship let me know by another Card,
that if I attended at two o’Clock in the Lobby, Lord Chatham
would be there about that time, and would himself introduce me.
I attended and met him there accordingly. On my mentioning to
him what Lord Stanhope had written to me, he said, Certainly,
and I shall do it with the more Pleasure as I am sure your being
present at this Days Debate will be of more Service to America
than mine; and so taking me by the Arm was leading me along the
Passage to the Door that enters near the Throne, when one of the
Doorkeepers followed, and acquainted him, that by the Order,
none were to be carried in at that Door but the eldest Sons or
Brothers of Peers; on which he limped back with me to the Door
near the Bar, where were standing a Number of Gentlemen
waiting for the Peers who were to introduce them, and some
Peers waiting for Friends they expected to introduce, among
whom he deliver’d me to the Doorkeepers, saying aloud, this is
Dr. Franklin, whom I would have admitted into the House;
when they readily open’d the Door for me accordingly. As it had
not been publickly known that there was any Communication
between his Lordship and me, this I found occasion’d some
Speculation. His Appearance in the House I observ’d caus’d a
kind of Bustle among the Officers, who were hurried in sending
Messengers for Members, I suppose those in Connection with the
Ministry, something of Importance being expected when that
great Man Appears, it being but seldom that his Infirmities permit
his Attendance. I had great Satisfaction in hearing his Motion and
the Debate upon it, which I shall not attempt to give here an
Account of, as you may find a better in the Papers of the time.
It was his Motion for withdrawing the Troops from Boston, as
the first Step towards an Accommodation. The Day following,
I receiv’d a Note from Lord Stanhope expressing, that...
<at Lord Chatham’s request he was enclosing the original paper
from which the Earl had read his motion.>
I sent Copies of this
Motion to America, and was the more pleased with it, as I
conceiv’d it had partly taken its Rise from a Hint I had given
his Lordship in a former Conversation.
The Motion was in these Words, viz.
(Here insert it) Leave a blank of half a Page for this. [In the
margin:] No 10
Lord Chatham’s Motion, Jan. 20. 1775.
“That an humble Address be presented to his Majesty, most
humbly to advise and beseech his Majesty, that, in order to open
the Way towards an happy Settlement of the dangerous Troubles
in America, by beginning to allay Ferments and soften Animosities
there; and above all, for preventing in the mean time any
sudden and fatal Catastrophe at Boston, now suffering under the
daily Irritation of an Army before their Eyes, posted in their
Town, it may graciously please his Majesty that immediate
Orders may be dispatched to General Gage for removing his
Majesty’s Forces from the Town of Boston, as soon as the
Rigour of the Season and other Circumstances indispensable to
the Safety and Accommodation of the said Troops may render
the same practicable.”
I was quite charm’d with Lord Chatham’s Speech in Support
of his Motion. He impress’d me with the highest Idea of him as a
great and most able Statesman. Lord Camden, another wonderfully
good Speaker and clear close Reasoner, join’d him in the
same Argument, as did several other Lords who spoke excellently
well; but all avail’d no more than the whistling of the Winds. The
Motion was rejected. Sixteen Scotch Peers, and twenty four
Bishops, with all the Lords in Possession or Expectation of
Places when they vote together unanimously as they generally
do for Ministerial Measures, make a dead Majority that renders
all Debating ridiculous in itself, since it can answer no End. Full
of the high Esteem I had imbib’d for Lord Chatham, I wrote back
to Lord Stanhope the following Note, viz.
(Here insert it). [In the margin:] No 10
<Thanks him for the motion and expresses his vast admiration
for Chatham.>
As in the Course of the Debate, some Lords in the Administration
had observed, that it was common and easy to censure their
Measures, but those who did so propos’d nothing better, Lord
Chatham mention’d that he should not be one of those, idle
Censurers, that he had thought long and closely upon the Subject,
and purposed soon to lay before their Lordships the Result of
his Meditations in a Plan for healing our Differences, and restoring
Peace to the Empire, to which his present Motion was
preparatory: I much desir’d to know what his Plan was, and
intended waiting on him to see if he would communicate it to me;
but he went the next Morning to Hayes, and I was so much
taken up with Daily Business and Company that I could not
easily get out to him. A few Days after, however, Lord Mahon
call’d on me, and told me Lord Chatham was very desirous of
seeing me; when I promis’d to be with him the Friday following
several Engagements preventing my going sooner. On Friday
the 27th, I took a Post Chaise about 9 aClock and got to Hayes
about 11 but my Attention being engag’d in Reading a new
Pamphlet, the Postboy drove me a Mile or two beyond the Gate.
His Lordship being out on an Airing in his Chariot, had met me
before I reach’d Hayes unobserv’d by me, turn’d and follow’d me,
and not finding me there, concluded, as he had seen me reading,
that I had pass’d by Mistake, and sent a Servant after me. He
express’d great Pleasure at my Coming, and acquainted me in a
long Conversation with the Outlines of his Plan, parts of which
he read to me. He said he had communicated it only to Lord
Camden, whose Advice he much rely’d on particularly in the
Law Part; and that he would as soon as he could get it transcrib’d
put it into my Hands for my Opinion and Advice, but should
show it to no other Person before he presented it to the House;
and he requested me to make no mention of it, otherwise Parts
might be misunderstood and blown upon, beforehand, and
others perhaps adopted and produc’d by Ministers as their own.
I promis’d the closest Secrecy and kept my Word not even
mentioning to any one that I had seen him. I din’d with him, his
Family only present, and return’d to town in the Evening.
On the Sunday following being the 29th his Lordship came to
Town and called upon me in Cravenstreet. He brought with him
his Plan transcrib’d, in the Form of an Act of Parliament, which
he put into my Hands, requesting me to consider it carefully,
and communicate to him such Remarks upon it as should occur
to me. His Reason for desiring to give me that Trouble, was, as
he was pleas’d to say, that he knew no Man so thoroughly
acquainted with the Subject, or so capable of giving Advice upon
it; that he thought the Errors of Ministers in American Affairs,
had been often owing to their not obtaining the best Information:
that therefore tho’ he had considered the Business thoroughly in
all its Parts, he was not so confident of his own Judgment, but
that he came to set it right by mine, as Men set their Watches by
a Regulator. He had not determined when he should produce it
in the House of Lords: but in the Course of our Conversation,
considering the precarious Situation of his Health, and that if
presenting it was delay’d some Intelligence might arrive which
would make it seem less seasonable, or in all parts not so proper;
or the Ministry might engage in different Measures, and then say
if you had produc’d your Plan sooner we might have attended to
it, he concluded to offer it the Wednesday following; and therefore
wish’d to see me upon it preceding Tuesday, when he
would again call upon me unless I could conveniently come to
Hayes. I chose the latter in respect to his Lordship, and because
there was less likelihood of Interruptions: and I promis’d to be
with him early, that we might have more time. He staid with me
near two Hours, his Equipage waiting at the Door, and being
there while People were coming from Church it was much taken
notice and talk’d of, as at that time was every little Circumstance
that Men thought might possibly any way affect American
Affairs. Such a Visit from so great a Man, on so important a
Business, flattered not a little my Vanity; and the Honour of it
gave me the more Pleasure, as it happen’d on the very Day 12
month, that the Ministry had taken so much pains to disgrace me
before the Privy Council.
I apply’d myself immediately to the reading and considering
the Plan, of which when it was afterwards publish’d I sent you a
Copy, and therefore need not insert it here. I put down upon
Paper as I went along some short Memorandums for my Future
Discourse with him upon it, which follow that you may if you
please compare them with the Plan; and if you do so, you will
see their Drift and purpose, which otherwise would take me
much Writing to explain.
(Here insert them) [In the margin:] No 11
I was at Hayes early on Tuesday, agreable to my Promise, when
we enter’d into Consideration of the Plan, but tho’ I stay’d
near 4 Hours, his Lordship in the manner of I think all eloquent
Persons was so full and diffuse in Supporting every particular I
question’d, that there was not time to go thro’ half my Memorandums;
He is not easily interrupted, and I had such Pleasure in
hearing him that I found little Inclination to interrupt him;
therefore, considering, that neither of us had much Expectation
that the Plan would be adopted entirely as it stood; that in the
Course of its Consideration, if it should be receiv’d, proper
Alterations might be introduc’d; that before it could be settled
America should have Opportunity to make her Objections and
Propositions of Amendment; that to have it receiv’d at all here,
it must seem to comply a little with some of the Prevailing
Prejudices of the Legislature; that if it was not so perfect as might
be wish’d, it would at least serve as a Basis for Treaty, and in the
mean time prevent Mischiefs, and that as his Lordp. had determin’d
to offer it the next Day, there was not time to make
Changes and another fair Copy, I therefore ceas’d my Querying;
and tho’ afterwards many People were pleas’d to do me the
Honour of Supposing I had a considerable Share in Composing
it, I assure you, that the Addition of a single Word only was
made at my Instance, viz. “Constitutions” after Charters;” for
my filling up at his Request a Blank with the Titles of Acts
proper to be repeal’d, which I took from the Proceedings of the
Congress, was no more than might have been done by any
Copying Clerk.
On Wednesday Lord Stanhope at Lord Chatham’s Request
call’d upon me and carry’d me down to the House of Lords, which
was soon very full. Lord Chatham in a most excellent Speech,
introduc’d, explain’d and supported his Plan. When he sat down,
Lord Dartmouth rose, and very properly said, it contain’d
Matter of such Weight and Magnitude, as to require much
Consideration, and he therefore hoped the noble Earl did not
expect their Lordships to decide upon it by an immediate Vote,
but would be willing it should lie upon the Table for Consideration.
Lord Chatham answer’d readily that he expected nothing
more. But Lord Sandwich rose, and in a petulant vehement
Speech oppos’d its being receiv’d at all, and gave his Opinion
that it ought to be immediately rejected with the Contempt it
deserv’d. That he could never believe it the Production of any
British Peer. That it appear’d to him rather the Work of some
American; and turning his Face towards me, who was leaning
on the Bar, said, he fancied he had in his Eye the Person who
drew it up, one of the bitterest and most mischievous Enemies this
Country had ever known. This drew the Eyes of many Lords
upon me: but as I had no Inducement to take it to myself, I kept
my Countenance as immoveable as if my Features had been
made of Wood. Then several other Lords of the Administration
gave their Sentiments also for rejecting it, of which Opinion
also was strongly the wise Lord Hillsborough. But the Dukes of
Richmond and Manchester, Lord Shelburne, Lord Camden,
Lord Temple, Lord Lyttelton and others were for receiving it,
some thro’ Approbation, and others for the Character and Dignity
of the House, and one Lord mentioning with Applause the
candid Proposal of one of the Ministers Lord Dartmouth, his
Lordp. rose again, and said, that having since heard the Opinions
of so many Lords against receiving it to lie upon the Table for
Consideration, he had alter’d his Mind, could not accept the
Praise offer’d him for a Condour of which he was now asham’d,
and should therefore give his Voice for rejecting the Plan immediately.
I am the more particular in this, as it is a Trait of that
Nobleman’s Character, who from his Office is suppos’d to have so
Great a Share in American Affairs, but who has in reality no Will
or Judgment of his own, being with Dispositions for the best
Measures, easily prevail’d with to join in the worst. Lord
Chatham, in his Reply to Lord Sandwich, took notice of his
illiberal Insinuation that the Plan was not the Person’s who
propos’d it: declar’d that it was intirely his own, a Declaration
he thought himself the more oblig’d to make, as many of their
Lordps. appear’d to have so mean an Opinion of it; for if it was
so weak or so bad a Thing, it was proper in him to take care that
no other Person should unjustly share in the Censure it deserved.
That it had been heretofore reckon’d his Vice not to be apt to
take Advice. But he made no Scruple to declare, that if he were the
first Minister of this Country, and had the Care of Settling this
momentous Business, he should not be asham’d of publickly
calling to his Assistance a Person so perfectly acquainted with
the whole of American Affairs, as the Gentleman alluded to and
injuriously reflected on, one, he was pleas’d to say, whom all
Europe held in high Estimation for his Knowledge and Wisdom,
and rank’d with our Boyles and Newtons; who was an Honour
not to the English Nation only but to Human Nature. I found it
harder to stand this extravagant Compliment than the preceding
equally extravagant Abuse, but kept as well as I could an unconcern’d
Countenance, as not conceiving it to relate to me.
To hear so many of these Hereditary Legislators declaiming so
vehemently against, not the Adopting merely, but even the
Consideration of a Proposal so important in its Nature, offered by
a Person of so weighty a Character, one of the first Statesman of
the Age, who had taken up this Country when in the lowest
Despondency, and conducted it to Victory and Glory thro’ a
War with two of the mightiest Kingdoms in Europe; to hear
them censuring his Plan not only for their own Misunderstandings
of what was in it, but for their Imaginations of what was not in it,
which they would not give themselves an Opportunity of rectifying
by a second Reading; to perceive the total Ignorance of the
Subject in some, the Prejudice and Passion of others, and the
wilful Perversion of Plain Truth in several of the Ministers; and
upon the whole to see it so ignominiously rejected by so great a
Majority, and so hastily too, in Breach of all Decency and
prudent Regard to the Character and Dignity of their Body as a
third Part of the National Legislature, gave me an exceeding
mean Opinion of their Abilities, and made their Claim of Sovereignty
over three Millions of virtuous sensible People in America,
seem the greatest of Absurdities, since they appear’d to have
scarce Discretion enough to govern a Herd of Swine. Hereditary
Legislators! thought I. There would be more Propriety, because
less Hazard of Mischief, in having [(as] in some University of
Germany,) Hereditary Professors of Mathematicks! But this was
a hasty Reflection: for the elected House of Commons is no better,
nor ever will be while the Electors receive Money for their Votes,
and pay Money where with Ministers may bribe their Representatives
when chosen.
After this Proceeding I expected to hear no more of any
Negociation for settling our Difference amicably. Yet in a Day
or two I had a Note from Mr. Barclay, requesting a Meeting at
Dr. Fothergill’s the 4th of February in the Evening. I attended
accordingly, and was surpriz’d by being told that a very good
Disposition appear’d in Administration; that the Hints had been
considered, and several of them thought reasonable, and that
others might be admitted with small Amendments. The good
Doctor with his usual Philanthropy expatiated on the Miseries of
War, that even a bad Peace was preferable to the most successful
War; that America was growing in Strength, and whatever she
might be oblig’d to submit to at present, she would in a few
Years be in a Condition to make her own Terms. Mr. B. hinted
how much it was in my Power to promote an Agreement; how
much it would be to my Honour to effect it; and that I might
expect not only Restoration of my old Place, but almost any
other I could wish for, &c. I need not tell you, who know me so
well, how improper and disgusting this Language was to me. The
Doctor’s was more suitable. Him I answer’d, that we did not
wish for War, and desir’d nothing but what was reasonable and
necessary for our Security and Well being. To Mr. Barclay I
reply’d, that the Ministry, I was sure, would rather give me a
Place in a Cart to Tyburn, than any other Place whatever. And to
both, that I sincerely wish’d to be serviceable, that I needed no
other Inducement than to be shown how I might be so; but saw
they imagined more to be in my Power than really was; I was then
told again that Conferences had been held upon the Hints; and
the Paper being produced was read; that I might hear the Observations
that had been made upon them separately, which were as
follows....
<Articles 1, 4, 7, 12, 13, and 15 were accepted in
toto; Articles 2, 5, 6, 9, 10, and 11 were accepted in part or with
a proviso; Articles 3, 8, and 17 were rejected in toto; Article 16
received a partial answer.>
We had not at this Time a great deal of Conversation upon
these Points, for I shortned it by observing, that while the
Parliament claim’d and exercis’d a Power of altering our Constitutions
at pleasure, there could be no Agreement; for we were
render’d unsafe in every Privilege we had a Right to, and were
secure in nothing. And it being hinted how necessary an Agreement
was for America, since it was so easy for Britain to burn all our
Sea Port Towns, I grew warm, said that the chief Part of my
little Property consisted of Houses in those Towns; that they
might make Bonfires of them whenever they pleased; that the
Fear of losing them would never alter my Resolution to resist to
the last that Claim of Parliament; and that it behov’d this Country
to take Care what Mischief it did us, for that sooner or later it
would certainly be obliged to make good all Damages with
Interest. The Doctor smil’d, as I thought, with some Approbation
of my Discourse, passionate as it was and said he would certainly
repeat it to morrow to Lord Dartmouth.
In the Discourse concerning the Hints Mr. Barclay happened
to mention that going to Lord Hyde’s he found Lord Howe with
him; and that Lord Hyde had said to him, “You may speak any
thing before Lord Howe, that you have to say to me, for he is a
Friend in whom I confide”; upon which he accordingly had
spoken with the same Freedom as usual. By this I collected how
Lord Howe came by the Paper of Hints, which he had shown
me. And it being mentioned as a Measure thought of, to send
over a Commissioner with Powers to enquire into Grievances
and give Redress on certain Conditions, but that it was difficult
to find a proper Person; I said why not Lord Hyde? He is a Man
of Prudence and Temper, a Person of Dignity, and I should
think very suitable for such an Employment: Or, if he could
not go, there is the other Person you just mention’d, Lord Howe,
who would, in my Opinion do excellently well. This pass’d as
mere Conversation, and we parted.
Lord Chatham’s rejected Plan being printed, for the Publick
Judgment, I received 6 Copies from Lord Mahon his Son-in-law,
which I sent to different Persons in America.
A Week and more pass’d in which I heard nothing farther of
any Negociation, and my time was much taken up among the
Members of Parliament; when Mr. Barclay sent me a Note, that
he was indispos’d, but desirous of seeing me, and should be
glad if I would call on him. I waited upon him the next Morning,
when he told me, that he had seen Lord Hyde, and had some
farther Discourse with him on the Articles; that he thought himself
now fully possess’d of what would do in this Business; that
he therefore wish’d another Meeting with me and Dr. Fothergill,
when he would endeavour to bring prepar’d a Draft conformable
chiefly to what had been proposed and conceded on both sides
with some Propositions of his own. I readily agreed to the Meeting,
which was to be on Thursday Evening the 16th Feby.
We met accordingly, when Mr. Barclay produced the following
Paper, viz.
(Here insert it.) [In the margin:] No 12
Our Conversation turn’d chiefly upon the first Article. It was
said that the Ministry only wanted some Opening to be given
them, some Ground on which to found the commencement
of conciliating Measures, that a Petition containing such an
Engagement as mention’d in this Article would answer that
purpose. That Preparations were making to send over more
Troops and Ships; that such a Petition might prevent their
going, especially if a Commissioner were propos’d, I was therefore
urg’d to engage the Colony Agents to join with me in such a
Petition. My Answer was, that no Agent had any thing to do
with the Tea Business but those for Massachusetts Bay, who
were Mr. Bollan for the Council, my self for the Assembly, and
Mr. Lee appointed to succeed me when I should leave England;
that the latter therefore could hardly yet be considered as an
Agent; and that the former was a cautious exact Man, and not
easily persuaded to take Steps of such Importance without
Instructions or Authority; that therefore if such a Step were to be
taken, it would lie chiefly upon me to take it; that indeed, if there
were as they suppos’d a clear Probability of Good to be done by
it, I should make no Scruple of hazarding my self in it; but I
thought the impowering a Commissioner to suspend the Boston
Port Act, was a Method too dilatory, and a mere Suspension
would not be satisfactory: That if such an Engagement were
entred into, all the Massachusetts Acts should be immediately
repealed. They laid hold of the Readiness I had express’d to
petition on a Probability of doing good, applauded it, and urg’d
me to draw up a Petition immediately. I said it was a Matter of
Importance, and with their Leave I would take home the Paper
consider the Propositions as they now stood, and give them my
Opinion to-morrow Evening. This was agreed to, and for that
time we parted.
Weighing now the present dangerous Situation of Affairs in
America, and the daily Hazard of widening the Breach there
irreparably, I embrac’d the Idea propos’d in the Paper of sending
over a Commissioner, as it might be a Means of suspending
military Operations, and bring on a Treaty, whereby Mischief
would be prevented, and an Agreement by degrees be form’d
and established; I also concluded to do what had been desired of
me as to the Engagement, and essay’d a Draft of a Memorial to
Lord Dartmouth for that purpose, simply, to be sign’d only by
myself. As to the Sending of a Commissioner, a Measure which
I was desired likewise to propose and express my Sentiments of
its Utility, I apprehended my Colleagues in the Agency might be
justly displeas’d if I took a Step of such Importance without
consulting them, and therefore I sketch’d a joint Petition to that
purpose for them to sign with me if they pleas’d; but apprehending
that would meet with Difficulty, I drew a Letter to Lord Dartmouth
containing the same Proposition, with the Reasons for it,
to be sent as from me only. I made also upon Paper some Remarks
on the Propositions; with some Hints on a separate Paper of
farther Remarks to be made in Conversation; when we should
meet in the Evening of the 17th. Copies of these Papers, (except
the first which I do not find with me on Shipboard) are here
plac’d, as follows, viz.
(Here insert them.) [In the margin:] No 13 and 14, 15, and 16
That Afternoon I received the following Note from Mrs.
Howe, enclosing another from Lord Howe, viz.
(Here insert them) [In the margin:] No. 17 and 18
<The Admiral wants to meet tomorrow or Sunday with Franklin,
whom she asks to her house at a time of his choosing.>
I had not heard from his Lordship for some time, and readily
answer’d, that I would do myself the Honour of waiting upon
him at her House tomorrow at 11 o Clock.
Mr. Barclay, Dr. Fothergill, and my self, met according to
Appointment at the Doctor’s House. I deliver’d to them the
Remarks I had made on the Paper, and we talk’d them over. I
read also the Sketches I had made of the Petitions and Memorials;
but they being of Opinion, that the Repeal of none of the Massachusetts
Acts could be obtain’d by my Engaging to pay for the
Tea, the Boston Port Act excepted, and I insisting on a Repeal of
all, otherwise declining to make the Offer, that Measure was
deferr’d for the present and I pocketed my Drafts. They concluded
however to report my Sentiments, and see if any farther
Concession could be obtained. They observ’d too that I had
Sign’d my Remarks, on which I said, that understanding by other
means as well as from them, that the Ministers had been acquainted
with my being consulted in this Business, I saw no
occasion for farther Mystery; and since in conveying and receiving
thro’ second Hands their Sentiments and mine, occasioned
Delay, and might be attended with Misapprehension, something
being lost, or changed by Mistake, in the Conveyance, I did not
see why we should not meet, and discuss the Points together at
once; that if this was thought proper, I should be willing and
ready to attend them to the Ministerial Persons they confer’d
with. They seem’d to approve the Proposal, and said they would
mention it.
The next Morning I met Lord Howe, according to Appointment.
He seem’d very chearful, having as I imagine, heard from
Lord Hyde what that Lord might have had from Mr. Barclay
the Evening of the 16th, viz. that I had consented to petition and
engage Payment for the Tea; from whence it was hoped, the
ministerial Terms of Accommodation might take place. He let
me know that he was thought of to be sent Commissioner; for
settling the Differences in America; adding with an Excess of
Politeness; that sensible of his own Unacquaintedness with the
Business, and of my Knowledge and Abilities, he could not think
of undertaking it without me, but with me he should do it most
readily; for he should found his Expectations of Success on my
Assistance; he therefore had desired this Meeting to know my
Mind upon a Proposition of my going with him in one Shape or
other, as a Friend, as Assistant or Secretary: That he was very
sensible if he [should be so happy] as to effect any thing valuable
[it] must be wholly owing to the Advice and Assistance [I should
afford] him; that he should therefore [make no Scruple] of giving
me upon all Occasions the full honour of it; that he had [declar’d
to the Ministers] his Opinion of my good Dispositions towards
Peace; and what he now wish’d was to be authoriz’d by me to
say, that I consented to accompany him, and would co-operate
with him in the great Work of Reconciliation. That the Influence
I had over the Minds of People in America was known to be very
extensive; and that I could, if any man could, prevail with them to
comply with reasonable Propositions. I reply’d that I was oblig’d
to his Lordship for the favourable Opinion he had of me, and for
the Honour he did me in proposing to make Use of my Assistance;
that I wish’d to know what Propositions were intended for
America; that if they were reasonable ones in themselves, possibly
I might be able to make them appear such to my Countrymen;
but if they were otherwise, I doubted whether that could be done
by any Man and certainly I should not undertake it. His Lordship
then said, that he should not expect my Assistance without a
proper Consideration. That the Business was of great Importance,
and if he undertook it, he should insist on being enabled to make
generous and ample Appointments for those he took with him,
particularly for me; as well as a firm Promise of subsequent
Rewards; and, says he, that the Ministry may have an Opportunity
of showing their good Disposition towards yourself, will you
give me leave, Mr. Franklin, to procure for you previously some
Mark of it, suppose the Payment here of the Arrears of your
Salary as Agent for New England, which I understand they have
stopt for some time past? My Lord, says I, I shall deem it a great
Honour to be in any shape join’d with your Lordship in so good
a Work; but if you hope Service from any Influence I may be
suppos’d to have, drop all Thoughts of procuring me any previous
Favour from Ministers; my accepting them, would destroy the
very Influence you propose to make use of; they would be considered
as so many Bribes to betray the Interest of my Country:
Only let me see the Propositions, and if I approve of them, I
shall not hesitate a Moment, but will hold my self ready to accompany
your Lordship at an hours Warning. He then said he
wish’d I would discourse with Lord Hyde upon the Business,
and ask’d if I had any Objection to meet his Lordship. I answer’d
none, not the least. That I had a great Respect for Lord Hyde,
and would wait upon him whenever he should please to permit it.
He said he would speak to Lord Hyde, and send me Word.
On the Monday following I receiv’d a Letter from Lord
Howe. To understand it better, it is necessary to reflect, that in
the Interim, there was Opportunity for Mr. Barclay to communicate
to that Nobleman the Remarks I had made on the Plan,
the Sight of which had probably changed the Purpose of making
any Use of me on the Occasion.
The Letter follows.
(Here insert it.) No 19
<Howe has seen Lord Hyde, who believes that Franklin’s views
are too far from the government’s to make a meeting profitable.>
As I had no Desire of obtruding myself upon Lord Hyde, tho’
a little piqu’d at his declining to see me. I thought it best to shew
a decent Indifference, which I endeavoured in the following
Answer.
(Here insert it. No 20)
<He agrees with Hyde.>
On the Morning of this same Day, Feb. 20. it was currently and
industriously reported all over the Town, that Lord North would
that day, make a pacific Motion in the House for healing all
Differences between Britain and America. The House was
accordingly very full, and the Members full of Expectation. The
Bedford Party inimical to America, and who had urg’d severe
Measures, were alarm’d, and began to exclaim against the Minister
for his Timidity, and the Fluctuation of his Politicks; they even
began to count Voices, to see if they could not by negativing his
Motion, at once unhorse him, and throw him out of Administration.
His Friends were therefore alarm’d for him; and there
was much Caballing and Whispering. At length a Motion, as
one had been promis’d, was made, but whether that originally
intended is with me very doubtful. I suspect, from its imperfect
Composition, from its Inadequateness to answer the purpose
previously profess’d, and from some other Circumstances, that
when first drawn it contain’d more of Mr. Barclay’s Plan, but was
curtail’d by Advice just before it was delivered. My old Proposition
of giving up the Regulating Duties to the Colonies
was in part to be found in this Motion, and many who knew
nothing of that Transaction, said it was the best Part of the
Motion. It was as follows.
(Here insert it. Leave a Blank of a Page for it)
Lord North’s Motion, Feb. 20. 1775.
“That it is the Opinion of this Committee, that when the Governor
Council and Assembly or General Court of his Majesty’s
Provinces or Colonies, shall propose to make Provision according
to their respective Conditions, Circumstances and situations, for
contributing their Proportion to the common Defence, such
Proportion to be raised under the Authority of the General
Court, or General Assembly of such Province or Colony, and
disposable by Parliament; and shall engage to make Provision
also for the Support of the Civil Government, and the Administration
of Justice in such Province or Colony; it will be proper,
if such Proposal shall be approved by his Majesty in Parliament,
and for so long as such Provision shall be made accordingly, to
forbear in respect of such Province or Colony, to levy any
Duties, Tax or Assessment, or to impose any further Duty, Tax
or Assessment, except only such Duties as it may be expedient
to impose for the Regulation of Commerce; the nett Produce of
the Duties last mentioned, to be carried to the Account of such
Province, Colony or Plantation respectively.”
After a good deal of wild Debate in which this Motion was
supported upon various and inconsistent Principles by the
ministerial People, and even met with an Opposition from
some of them which show’d a want of Concert, probably from
the suddenness of the Alterations above supposed, they all agreed
at length as usual in voting it by a large Majority.
Hearing nothing during all the following week from Messrs.
Barclay and Fothergill, except that Lord Hyde when acquainted
with my Willingness to engage for Payment of the Tea, had said
it gave him new Life; nor any thing from Lord Howe; I mention’d
his Silence occasionally to his Sister, adding that I suppos’d it
owing to his finding what he had propos’d to me was not likely
to take place; and I wish’d her to Desire him, if that was the Case,
to let me know it by a Line, that I might be at Liberty to take
other Measures. She did so as soon as he return’d from the
Country, where he had been for a Day or two: and I receiv’d
from her the following Note.
(Here insert it) No 21
<Howe, not understanding Franklin’s message, would like to see
him as soon as possible.>
I met his Lordship at the Hour appointed. He said that he had not
seen me lately, as he expected daily to have something more
material to say to me than had yet occurr’d; and hop’d that I
would have call’d on Lord Hyde, as I had intimated I should do
when I apprehended it might be useful, which he was sorry to
find I had not done. That there was something in my verbal
Message by Mrs. Howe, which perhaps she had apprehended
imperfectly; it was the Hint of my Purpose to take other Meassures.
I answer’d, that having since I had last seen his Lordship,
heard of the Death of my Wife at Philadelphia, in whose Hands
I had left the Care of my Affairs there, it was become necessary
for me to return thither as soon as conveniently might be; that
what his Lordship had propos’d of my accompanying him to
America, might if likely to take place, postpone my Voyage to suit
his Conveniency, otherwise I should proceed by the first Ship.
That I did suppose, by not hearing from him, and by Lord North’s
Motion, all Thoughts of that kind were laid aside, which was
what I had only desir’d to know from him. He said my last Paper
of Remarks by Mr. Barclay, wherein I had made the Indemnifacation
of Boston for the Injury of Stopping its Port, a Condition
of my engaging to pay for the Tea, a Condition impossible to be
comply’d with, had discourag’d farther Proceeding on that Idea.
Having a Copy of that Paper in my Pocket, I show’d his Lordship,
that I had propos’d no such Condition, of my Engagement,
nor any other than the repeal of all the Massachuset Acts. That
what follow’d relating to the Indemnification was only expressing
my private Opinion that it would be just, but by no means
insisting upon it. He said that the Arrangements were not yet
determin’d on; that as I now explain’d myself it appear’d I had
been much misapprehended; and he wish’d, of all things I would
still see Lord Hyde, and ask’d if I would chuse to meet him
there, (at Mrs. Howe’s) or that he should call upon me. I said
that I would by no means give Lord Hyde that Trouble. That
since he (Lord Howe) seem’d to think it might be of use and
wish’d it done soon, I would wait upon Lord Hyde: I knew him
to be an early Riser, and would be with him at 8 the next Morning;
which Lord Howe undertook to acquaint him with. But I added,
that from what Circumstances I could collect of the Disposition
of Ministry, I apprehended my Visit could answer no material
Purpose. He was of a different Opinion, to which I submitted.
The next Morning (March 1.) I accordingly was early with
Lord Hyde, who receiv’d me with his usual Politeness. We
talk’d over a great Part of the Dispute between the Countries.
I found him ready with all the News Paper and Pamphlet-Topics,
of the Expence of settling our Colonies, the Protection afforded
them, the heavy Debt under which Britain labour’d, the Equity
of our Contributing to its Alleviation; that many People in
England were no more represented than we were, yet all were
tax’d and govern’d by Parliament, &c &c. I answer’d all, but with
little [Effect; for though his Lordship seem’d civilly to hear what
I said, I had reason to believe he attended very little to the
purport of it, his Mind being employ’d the while in thinking on
what he himself purpos’d to say next: He had hop’d, he said, that
Lord North’s Motion would have been satisfactory; and ask’d
what could be objected to it. I reply’d the Terms of it were that we
should grant Money till Parliament had agreed we had given
enough, without having the least share in judging of the Propriety
of the Measures for which it was to be granted, or of our own
Abilities to grant; that these Grants were also to be made under a
Threat of exercising a claimed Right of Taxing us at Pleasure,
and compelling such Taxes by an armed Force, if we did not give
till it should be thought we had given enough; that the Proposition
was similar to no mode of obtaining] Aids that ever existed,
except that of a Highway-man who presents his Pistol and Hat at
a Coach-Window, demanding no specific Sum, but if you will
give all your Money or what he is pleas’d to think sufficient, he
will civilly omit putting his own Hand into your Pockets. If not,
there is his Pistol. That the Mode of raising Contributions in
an Enemy’s Country was fairer than this, since there an explicit
Sum was demanded, and the People who were raising it knew
what they were about, and when they should have done: and that
in short no free People could ever think of beginning to grant
upon such Terms. That, besides, a new Dispute had now been
rais’d, by the Parliament’s pretending to a Power of altering
our Charters and establish’d Laws, which was of still more
importance to us than their Claim of Taxation, as it set us all
adrift, and left us without a Privilege we could depend upon but
at their Pleasure; this was Situation we could not possibly be in;
and as Lord North’s Proposition had no Relation to this Matter,
if the other had been such as we could have agreed to, we should
still be far from a Reconciliation. His Lordship thought I misunderstood
the Proposition; on which I took it out and read it.
He then wav’d that Point, and said he should be glad to know
from me what would produce a Reconciliation. I said that his
Lordship, I imagin’d, had seen several Proposals of mine for that
purpose. He said he had; but some of my Articles were such as
could never be agreed to. That it was apprehended I had secret
Instructions and Powers to offer more acceptable Terms, but was
extreamly reserv’d, and perhaps from a Desire he did not blame,
of doing better for my Constituents; but my Expectations might
deceive me, and he did think I might be assur’d I should never
obtain better Terms than what were now offer’d by Lord North.
That Administration had a sincere desire of restoring Harmony
with America, and it was thought if I would co-operate with them
the Business would be easy. That he hoped I was above retaining
Resentment against them, for what nobody now approv’d, and
for which Satisfaction might be made me: That I was as he
understood in high Esteem among the Americans; that if I would
bring about a Reconciliation on Terms suitable to the Dignity of
Government, I might be as highly and generally esteem’d here,
and be honoured and rewarded perhaps beyond my Expectation.
I reply’d that I thought I had given a convincing Proof of my
sincere Desire of promoting Peace, when, on being informed
that all wanted for the Honour of Government, was to obtain
Payment for the Tea, I offer’d, without any Instruction to warrant
my so doing, or Assurance that I should be reimburs’d, or my
Conduct approved, to engage for that Payment, if the Massachusets
Acts were to be repeal’d: an Engagement in which I
must have risqu’d my whole Fortune; which I thought few besides
me would have done: That in truth private Resentments had no
Weight with me in publick Business; That I was not the reserv’d
Man imagin’d; having really no secret Instructions to act upon:
That I was certainly willing to do every thing that could reasonably
be expected of me. But if any supposed I could prevail with
my Country men to take black for white and Wrong for Right; it
was not knowing either them or me: they were not capable of
being so impos’d on, nor was I capable of attempting it. He then
ask’d my Opinion of sending over a Commissioner, for the
purposes mentioned in a preceding Part of this Account; and my
Answer was to the same Effect: By the way, I apprehend, that to
give me an Opportunity of Discoursing with Lord Hyde on that
Point, was a principal Motive with Lord Howe, for urging me to
make this Visit. His Lordship did not express his own Sentiments
upon it. And thus ended this Conversation.
Three or four Days after, I receiv’d the following Note from
Mrs. Howe.
No 22 (Here insert it.)
<Her brother would like one more meeting before Franklin sails,
at any time after next Monday.>
I answer’d that I would do myself the Honour of waiting on Lord
Howe at her House the Tuesday following at 11 o’Clock. We met
accordingly. He began by saying, that I had been a better Prophet
than himself, in foreseeing that my Interview with Lord Hyde
would be of no great Use: and then said, that he hoped I would
excuse the Trouble he had given me, as his Intentions had been
good both towards me and the Publick; he was sorry that at
present there was no Appearance of Things going into the Train
he had wished; but that possibly they might yet take a more
favourable Turn; and as he understood I was going soon to
America, if he should chance to be sent thither on that important
Business, he hop’d he might still expect my Assistance. I assur’d
him of my Readiness at all times of co-operating with him in so
good a Work. And so taking my Leave, and receiving his good
Wishes, ended the Negociation with Lord Howe. And I heard no
more of that with Messrs. Fothergill and Barclay. I could only
gather from some Hints in their Conversation, that neither of
them were well pleas’d with the Conduct of the Ministers respecting
these Transactions. And a few Days before I left London, I met
them by their Desire at the Doctor’s House, when they desired
me to assure their Friends from them, that it was now their fix’d
Opinion, that nothing could secure the Privileges of America, but
a firm sober Adherence to the Terms of the Association made at
the Congress, and that the Salvation of English Liberty depended
now on the Perseverance and Virtue of America.
During the whole my Time was otherwise much taken up,
by Friends calling continually to enquire News from America,
Members of both Houses of Parliament to inform me what
passed in the Houses, and discourse with me on the Debates,
and on Motions made or to be made; Merchants of London and
of the Manufacturing and Port Towns on their Petitions, the
Quakers upon theirs, &c. &c. so that I had no time to take
Notes of almost any thing. This Account is therefore chiefly from
Recollection, in which doubtless much must have been omitted,
from deficiency of Memory; but what there is, I believe to be
pretty exact; except that discoursing with so many different
Persons about the same time on the same Subject, I may possibly
have put down some things as said by or to one Person, which
pass’d in Conversation with another.
A little before I left London, being at the House of Lords, to
hear a Debate in which Lord Camden was to speak, and who
indeed spoke admirably on American Affairs, I was much
disgusted from the ministerial Side, by many base Reflections
on American Courage, Religion, Understanding, &c. in which
we were treated with the utmost Contempt, as the lowest of
Mankind, and almost of a different Species from the English of
Britain; but particularly the American Honesty was abused by
some of the Lords, who asserted that we were all Knaves, and
wanted only by this Dispute to avoid paying our Debts; that if
we had any Sense of Equity or Justice, we should offer Payment
of the Tea &c. I went home some what irritated and heated, and
partly to retort upon this Nation, on the Article of Equity, drew
up a Memorial to present to Lord Dartmouth before my Departure;
but consulting my Friend Mr. Walpole upon it, who is a
Member of the House of Commons, he lookt at it and at me
several Times alternately, as if he apprehended me a little out of
my Senses. As I was in the Hurry of Packing up, I requested
him to take the Trouble of showing it to his Neighbour Lord
Camden, and ask his Advice upon it, which he kindly undertook
to do; and return’d it me, with a Note, which here follows the
Memorial.
No 23, 24 (Here insert them.)
<Walpole believes that the memorial would endanger Franklin
and exasperate the nation.>
Mr. Walpole call’d at my House the next Day, and hearing
I was gone to the House of Lords, came there to me, and repeated
more fully what was in his Note; adding that it was thought my
having no Instructions directing me to deliver such a Protest
would make it appear still more unjustifiable, and be deem’d a
National Affront. I had no desire to make Matters worse, and
being grown cooler took the Advice so kindly given me.
The Evening before I left London I received a Note from Dr.
Fothergill, with some Letters to his Friends in Philadelphia.
In that Note he desires me to get those Friends...
<and others
together, tell them of the negotiations, and assure them that the
government’s attitude offers no hope of real conciliation.>
The
Doctor in the Course of his daily Visits among the Great in the
Practice of his Profession, had full Opportunity of being acquainted
with their Sentiments, the Conversation every where at
this time turning upon the Subject of America.
End
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