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LIFE

OF

BENJAMIN FRANKLIN.

PART SECOND;

CONTINUATION,

BY JARED SPARKS.

LIFE

OF

BENJAMIN FRANKLIN.

CONTINUATION.

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CHAPTER I.

State of Affairs in Pennsylvania.-Defects of the Government.- Legis lation. - Conduct of the Proprietaries. Object of Franklin's Agency in England. Collinson, Miss Stevenson, Strahan, Governor Shirley. Beccaria, Musschenbroek.- Franklin's Interview with the Proprietaries. He causes a Letter to be published respecting Pennsylvania. Delays in his public Business. He travels in various Parts of England. Visits the Place in which his Ancestors were born. - Forms an Acquaintance with Baskerville.- Publishes the "Historical Review of Pennsylvania.” — Authorship of that Work.

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THE dissensions, which had long existed and continually increased, between the governors and assemblies of Pennsylvania, had their origin in the peculiar structure of the government, and the manner of its administration. The system, possessing in itself many excellent principles, became vicious, and almost impracticable, in its operation. William Penn, the founder and first Proprietor, while he was careful of his own interest, made to the original settlers some valuable concessions. The royal charter obtained by him was such, as to secure political rights on the broad basis. of English freedom; and the charter of privileges, which he granted to the people, established unlimited toleration in religion, and gave them so large a share

in the making of the laws, as to place civil liberty, and the protection of property, almost entirely in their own keeping. These were substantial benefits; and the liberal and benevolent motives of Penn in conferring them, and his enlightened views on the subject of legislation, cannot be questioned. It was a maxim with him, that freedom can exist only where the laws rule, and the people are parties in making those laws.

Theoretically considered, his frame of government promised all that could be desired by a free people in a state of colonial dependence. But it was marred with defects, which admitted of no remedy, and which in practice often defeated the best aims for the general welfare. In the first place, there was a charter from the King, imposing restraints and conditions by which he and the inhabitants were equally bound. In the next place, as Proprietor, he retained for himself and his descendants certain rights of property and a political control, which conflicted with the public interests and abridged the freedom of legislation. During his lifetime these evils were so manifest, and perplexed him so much, that he was on the point of surrendering the jurisdiction of the province to the crown, reserving to himself and family the right of property only in the territory, which had been confirmed to him by the royal charter. And afterwards, when his sons became Proprietaries as successors to their father, the difficulties were constantly increased by their mode of administering the government. They sent out deputy-governors, armed with instructions so imperative and pointed, as to leave them neither discretion nor power to conform to circumstances by yielding to the will or wishes of the representatives of the people. Hence these governors refused their assent to laws,

which the Assemblies regarded as of vital importance both to the safety and prosperity of the commonwealth.

Again, the King added his instructions, forbidding laws of a particular description to be passed by the governors, without a clause suspending their operation till they had received the royal sanction. This was a violation of the charter. By that instrument, all laws were permitted to take effect as soon as they were passed, although they were to be sent to England within five years, and, if disapproved by the King, they were then to be null and void. And even this process was slow, vexatious, and expensive. When a law had gone through all the forms in Pennsylvania, it was transmitted to an agent in London, by whom it was laid before the Board of Trade. It was next referred to the King's solicitor for his opinion, after which it came back to the Board of Trade, where it was considered and acted upon. Thence it made its way to the King's Council, and here it was at last confirmed or rejected. If the Proprietaries took exceptions to an act, they employed counsel to argue against it before the Board, and it was necessary for the agent of the Assembly to do the same on the other side. Meantime the business was attended with endless delays and heavy expenses. Harassed in this way from year to year, it is no wonder that the patience of the Assembly was gradually worn out, and that they resolved to seek redress.

The conduct of the Proprietaries was censured chiefly on the ground of attempts to strengthen their pecuniary interests, though, in some instances, they also sought to extend their political powers. They owned large tracts of land in various parts of the province, which had been selected and surveyed for them where

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