"By this amendment article fourth will become un

necessary.

"Art. 4 and 5. The numerous petitions heretofore sent home by the colony Assemblies, and either refused to be received, or received and neglected, or answered harshly, and the petitioners rebuked for making them, have, I conceive, totally discouraged that method of application; and, if even their friends were now to propose to them the recurring again to petitioning, such friends would be thought to trifle with them. Besides, all they desire is now before government in the petition of the Congress, and the whole or parts may be granted or refused at pleasure. The sense of the colonies cannot be better obtained by petition from different colonies, than

it is by that general petition.

"Art. 7. Read, such as they may think necessary. "Art. 11. As it stands, of little importance. The first proposition was, that they should be repealed as unjust. But they may remain, for they will probably not be executed.

"Even with the amendment proposed above to article first, I cannot think it stands as it should do. If the object be merely the preventing present bloodshed, and the other mischiefs to fall on that country in war, it may possibly answer that end; but, if a thorough, hearty reconciliation is wished for, all cause of heart-, burning should be removed; and strict justice be done on both sides. Thus the tea should not only be paid for on the side of Boston, but the damage done to Boston by the Port Act should be repaired, because it was done contrary to the custom of all nations, savage as well as civilized, of first demanding satisfaction.

"Art. 14. The judges should receive nothing from the King.

"As to the other two acts, the Massachusetts must

suffer all the hazards and mischiefs of war, rather than admit the alteration of their charters and laws by Parliament. They, who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.'

"B. FRANKLIN."

"HINTS.

"I doubt the regulating duties will not be accepted, without enacting them, and having the power of appointing the collectors, in the colonies.

"If we mean a hearty reconciliation, we must deal candidly, and use no tricks.

"The Assemblies are many of them in a state of dissolution. It will require time to make new elections; then to meet and choose delegates, supposing all could meet. But the Assembly of the Massachusetts Bay cannot act under the new constitution, or meet the new Council for that. purpose, without acknowledging the power of Parliament to alter their charter, which they never will do. The language of the proposal is, Try on your fetters first, and then, if you don't like them, petition and we will consider.

"Establishing salaries for judges may be a general law. For governors not so, the constitution of colonies. differing. It is possible troops may be sent to particular provinces, to burden them when they are out of favor.

"Canada. We cannot endure despotism over any of our fellow subjects. We must all be free, or none."

That afternoon I received the following note from Mrs. Howe, enclosing another from Lord Howe, viz.

"MRS. HOWE's compliments to Dr. Franklin; she has just received the enclosed note from Lord Howe, and

VOL. V.

9

F*

hopes it will be convenient to him to come to her, either to-morrow or Sunday, at any hour most convenient to him, which she begs he will be so good

to name.

66

Grafton Street, Friday, February 17th, 1775."

[Enclosed in the foregoing.]

"TO THE HONORABLE MRS. HOWE.

"I wish you to procure me an opportunity to see Dr. Franklin at your house to-morrow, or on Sunday morning, for an essential purpose.

Grafton Street, Friday, four o'clock."

I had not heard from his Lordship for some time, and readily answered, that I would do myself the honor of waiting upon him at her house to-morrow at eleven o'clock.

Mr. Barclay, Dr. Fothergill, and myself, met according to appointment at the Doctor's' house. I delivered to them the "REMARKS" I had made on the paper, and we talked 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 obtained 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 deferred for the present, and I pocketed my drafts. They concluded, however, to report my sentiments, and see if any further concession could be obtained. They observed, too, that I had signed 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 further mystery; and, since conveying and receiving through 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 conferred with. They seemed to approve the proposal, and said they would mention it.

The next morning I met Lord Howe, according to appointment. He seemed very cheerful, having, as I imagine, heard from Lord Hyde what that Lord might have heard from Mr. Barclay the evening of the 16th, viz. that I had consented to petition, and engage payment for the tea; 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 expectation of success on my assistance. He therefore had desired this meeting, to know my mind upon a proposition of my going with him in some shape or other, as a friend, an 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 honor of it; that he had declared to the ministers his opinion of my good dispositions towards peace, and what he now wished was to be authorized by me to say, that I consented to accompany him, and would coöperate 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 replied, that I was obliged to his Lordship for the favorable opinion he had of me, and for the honor he did me in proposing to make use of my assistance; that I wished 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," said 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 stopped for some time past?" "My Lord," said I, "I shall deem it a great honor to be in any shape joined with your Lordship in so good a work; but, if you hope service from any influence I may be supposed to have, drop all thoughts of procuring me any previous favors 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; but only let me see the propositions, and,