parts of which he read to me. He said he had communicated it only to lord Camden, whose advice he much relied on, particularly in the law part; and that he would, as soon as he could get it transcribed, 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 up beforehand, and others perhaps adopted and produced by ministers as their own. I promised the closest secrecy, and kept my word: not even mentioning to any one that I had seen him. I dined with him, his family only present, and returned to town in the evening. On the Sunday following, being the 29th, his lordship came to town, and called upon me in Craven street. He brought with him his plan transcribed, 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 pleased 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 though 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 delayed, 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 produced your plan sooner, we might have attended to it, he concluded to offer it the Wednesday following; and therefore wished to see me upon it the 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 promised 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 of and talked 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 happened on the very day twelve months, that the ministry had taken so much pains to disgrace me before the privy council. I applied myself immediately to the reading and considering the plan, of which, when I it was afterwards published, 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 make me much writing to explain. Tuesday, Jan. 31st, 1775. Notes for discourse with lord Chatham on his plan. Voluntary grants and forced taxes, not to be expected of the same people at the same time. Permanent revenue will be objected to; would not a temporary agreement be best, suppose for 100 years? Does the whole of the rights claimed in the petition of rights relate to England only! The American naturalization act gives all the rights of natural born subjects to foreigners residing there seven years. Can it be supposed that the natives there have them not? If the king should raise armies in America, would Britain like their being brought hither! as the king might bring them when he pleased. An act of parliament requires the colonies to furnish sundry articles of provision and accommodation to troops quartered among them, this may be made very burdensome to colonies that are out of favour. If a permanent revenue, why not the same privileges in trade with Scotland? Should not the lands conquered by Britain and the colonies in conjunction, be given them, (reserving a quit-rent) whence they might form funds to enable them to pay. Instructions about agents to be withdrawn. Grants to be for three years, at the end of which a new congress-and so from three to three years. Congress to have the general defence of the frontiers, making and regulating new settlements. I was at Hayes early on Tuesday, agree-known. This drew the eyes of many lords ably to my promise, when we entered into upon me: but as I had no inducement to take consideration of the plan; but though I staid it to myself, I kept my countenance as imnear four hours, his lordship, in the manner moveable as if my features had been made of of, I think, all eloquent persons, was so full wood. Then several other lords of the adand diffuse in supporting every particular I ministration gave their sentiments also for requestioned, that there was not time to go jecting it, of which opinion, also, was strongly through half my memorandums; he is not the wise lord Hillsborough; but the dukes of easily interrupted, and I had such pleasure in Richmond and Manchester, lord Shelburne, thearing him, that I found little inclination to lord Camden, lord Temple, lord Lyttleton and interrupt him; therefore, considering that nei- others, were for receiving it, some through ther of us had much expectation that the plan approbation, and others for the character and would be adopted entirely as it stood; that in dignity of the house. One lord mentioning, the course of its consideration, if it should be with applause, the candid proposal of one of received, proper alterations might be intro- the ministers, lord Dartmouth, his lordship duced; that before it would be settled, Ame- rose again, and said, that having since heard rica should have opportunity to make her ob- the opinions of so many lords against receivjections and propositions of amendment; that ing it to lie upon the table for consideration, to have it received at all here, it must seem he had altered his mind, could not accept the to comply a little with some of the prevailing praise offered him, for a candour of which he prejudices of the legislature; that if it was was now ashamed, and should therefore give not so perfect as might be wished, it would at his voice for rejecting the plan immediately. least serve as a basis for treaty, and in the I am the more particular in this, as it is a mean time prevent mischiefs, and that as his trait of that nobleman's character, who, from lordship had determined to offer it the next his office, is supposed to have so great a share day, there was not time to make changes and in American affairs, but who has in reality no another fair copy. I therefore ceased my will or judgment of his own, being, with disquerying; and though afterwards many peo- positions for the best measures, easily prevailple were pleased to do me the honour of sup-ed with to join in the worst. Lord Chatham, posing 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 repealed, which I took from the proceedings of the congress, was no more than might have been done by any copying clerk. in his reply to lord Sandwich, took notice of his illiberal insinuation, that the plan was not the person's who proposed it: declared that it was entirely his own, a declaration he thought himself the more obliged to make, as many of their lordships appeared 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 reckoned 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 mentous business, he should not be ashamed of publicly calling to his assistance, a person so perfectly acquainted with the whole of American affairs as the gentleman alluded to, and so injuriously reflected on; one, he was pleased to say, whom all Europe held in high estimation, for his knowledge and wisdom, and ranked 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 unconcerned countenance, as not conceiving it to relate to me. On Wednesday, lord Stanhope, at lord Chatham's request, called upon me, and carried me down to the house of lords, which was soon very full. Lord Chatham, in a most excellent speech, introduced, explained, and sup-country, and had the care of settling this moported his plan. When he sat down, lord Dartmouth rose, and very properly said, it contained 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 answered readily, that he expected nothing more. But lord Sandwich rose, and in petulant vehement speech, opposed its being received at all, and gave his opinion, that it ought to be immediately rejected, with the contempt it deserved; that he could never believe it to be the production of any British peer; that it appeared 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 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 statesmen of the age, who had taken up this country when in the lowest | rather give me a place in a cart to Tybur despondency, and conducted it to victory and than any other place whatever.-And to bot glory, through a war with two of the mighti- that I sincerely wished to be serviceable; th est kingdoms in Europe; to hear them cen-I needed no other inducement than to suring his plan, not only for their own misun- shown how I might be so; but saw, they im derstandings of what was in it, but for their gined more to be in my power than reall imaginations of what was not in it, which they was. I was then told again that conference would not give themselves an opportunity of had been held upon the HINTS; and the pape rectifying by a second reading; to perceive being produced, was read; that I might hea the total ignorance of the subject in some, the the observations that had been made up prejudice and passion of others, and the wil- them separately, which were as follows:ful perversion of plain truth in several of the 1. The first article was approved. ministers; and upon the whole, to see it so 2. The second agreed to, so far as relate ignominiously rejected by so great a majority, to the repeal of the tea act. But repaymen and so hastily too, in breach of all decency, of the duties that had been collected, was re and prudent regard to the character and dig-fused. nity 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 appeared to have scarce discretion enough to govern a herd of swine. Hereditary legislators! thought I. 6. The sixth agreed to, so far as related to There would be more propriety, because less the appropriation of the duties: but the ap hazard of mischief, in having (as in some uni-pointment of the officers and their salaries, to versity of Germany) hereditary professors of remain as at present. mathematics! 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 wherewith ministers may bribe their representatives when chosen. After this proceeding, I expected to hear no more of any negotiation 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 surprised by being told that a very good disposition appeared 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 obliged to submit to at present, she would in a few years be in a condition to make her own terms. Mr. Barclay 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 answered, that we did not wish for war, and desired nothing but what was reasonable and necessary for our security and well-being. To Mr. Barclay I replied, that the ministry, I was sure, would 3. The third not approved, as it implied deficiency of power in the parliament tha made those acts. 4. The fourth approved. 5. The fifth agreed to, but with a reserve, that no change prejudicial to Britain was to be expected. 7. The seventh, relating to aids in time of peace, agreed to. 8. The eighth, relating to the troops, was inadmissible. 9. The ninth could be agreed to, with this difference, that no proportion should be ob served with regard to preceding taxes, but each colony should give at pleasure. 10. The tenth agreed to, as to the restitu tion of Castle William; but the restriction on the crown in building fortresses refused. 11. The eleventh refused absolutely, except as to the Boston port bill, which would be repealed; and the Quebec act might be se far amended, as to reduce that province to its ancient limits. The other Massachusetts acts being real amendments of their constitution. must for that reason be continued, as well as to be a standing example of the power of parliament. 12. The twelfth agreed to, that the judges should be appointed during good behaviour, on the assemblies providing permanent salaries such as the crown should approve of. 13. The thirteenth agreed to, provided the assemblies make provision as in the preceding article. 15. The fifteenth agreed to. 16. The sixteenth agreed to, supposing the duties paid to the colony treasuries. 17. The seventeenth inadmissible. We had not, at this time, a great deal of conversation upon these points, for I shortened it by observing, that while the parliament claimed and exercised a power of altering our constitutions at pleasure, there could be no % BENJAMIN FRANKLIN. 125 agreement; for we were rendered unsafe in | A PLAN, which it is believed would produce a 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 behoved 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 smiled, 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. permanent union between Great Britain 1. The tea destroyed to be paid for; and, in 2d. The tea-duty act to be repealed, as well 3d. Castle William to be restored to the ly, before it was delivered up by governor 4th. As it is believed that the commence- In the discourse concerning the HINTS, Mr. 4 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 thought of, to send over a commissioner with powers to inquire into grievances and give re-bitants to petition. dress 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 would not go, there is the other person you just mentioned, lord Howe, who would, in measure my opinion, do excellently well: this passed as mere conversation, and we parted. him the 5th. The several provinces who may think themselves aggrieved by the Quebec bill, to petition in their legislative capacities; and it extends the limits of Quebec beyond its anis to be understood that so far of the act as cient bounds, is to be repealed. 6th. The act of Henry VIIIth to be formal ly disclaimed by parliament. acts of their own legislatures, a certain sum or sums, such as may be thought necessary for a peace establishment, to pay governors, judges, &c. Vide-Laws of Jamaica. 7th. In time of peace the Americans to Lord Chatham's rejected plan being print-raise within their respective provinces, by ed, for the public judgment, I received six copies from lord Mahon, his son-in-law, which I sent to different persons in America. A week and more passed, in which I heard nothing further of the negotiation, and my 8th. In time of war, on requisition made by time was much taken up among the members of parliament; when Mr. Barclay sent me a the king, with consent of parliament, every note to say, that he was indisposed, but desitheir legislatures may think suitable to their rons of seeing me, and should be glad if I colony shall raise such sums of money, as would call on him. I waited upon next morning, when he told me, that he had abilities and the public exigency, to be laid seen lord Hyde, and had some further dis-out in raising and paying men for land or sea course with him on the ARTICLES, that he service, furnishing provisions, transports, or thought himself now fully possessed of what such other purposes as the king shall require would do in this business; that he therefore wished another meeting with me and doctor Fothergill, when he would endeavour to bring prepared 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, Feb. 16th. 10% and direct. 9th. The acts of navigation to be re-examined, in order to see whether some alterations might not be made therein, as much for the advantage of Great Britain, as the ease of the colonies. 10th. A naval officer to be appointed by the * Supposed to mean the Boston port act.-B. F. crown to reside in each colony, to see those acts observed. N. B. In some colonies they are not appointed by the crown. 11th. All duties arising on the acts for regulating trade with the colonies, to be for the public use of the respective colonies, and paid into their treasuries, and an officer of the crown to see it done. 12th. The admiralty courts to be reduced to the same powers as they have in England. 13th. All judges in the king's colony governments, to be appointed during good behaviour, and to be paid by the province, agreeable to article 7th. N. B. If the king chooses to add to their salaries, the same to be sent from England. 14th. The governors to be supported in the same manner. Our conversation turned 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 mentioned 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 proposed: I was therefore urged 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, myself 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 on me to take it; that indeed, if there were, as they supposed, a clear probability of good to be done by it, I should make no scruple of hazarding myself in it; but I thought the empowering 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 entered into, all the Massachusetts acts should be immediately repealed. tion of affairs in America, and the daily hazard of widening the breach there irreparable, I embraced the idea proposed 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 formed and established; I also concluded to do what had been desired of me as to the engagement, and essayed a draft of a memorial to lord Dartmouth, for that pur pose, simply; to be signed 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 ap prehended my colleagues in the agency might be justly displeased if I took a step of such importance without consulting them, and therefore I sketched a joint petition to that purpose for them to sign with me if they pleased; but apprehending that would meet with difficulty, I drew up a letter to lord Dartmouth, containing the same proposition, with the reasons for it, to be sent from me only. I made also upon paper some remarks on the propositions; with some hints on a separate paper of further 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 placed as follows, viz. To the King's most excellent Majesty. The PETITION and MEMORIAL of W. Bollan, B. Franklin, and Arthur Lee, Most humbly showeth,-That your petitioners, being agents for several colonies, and deeply affected with the apprehension of impending calamities that now threaten your majesty's subjects in America, beg leave to approach your throne, and to suggest with all humility, their opinion, formed on much attentive consideration, that if it should please your majesty to permit and authorise a meeting of delegates from the different provinces, and appoint some person or persons of dignity and wisdom from this country, to preside in that meeting, or to confer with the said delegates, acquaint themselves fully with the true grievances of the colonies, and settle the means of composing all dissensions, such means to be afterwards ratified by your majesty, if found just and suitable; your pe They laid hold of the readiness I had ex- titioners are persuaded, from their thorough pressed to petition on a probability of doing knowledge of that country and people, that good, applauded it, and urged me to draw up such a measure might be attended with the a petition immediately. I said it was a matter most salutary effects, prevent much mischief, of importance, and with their leave I would and restore the harmony which so long subtake home the paper, consider the proposi-sisted, and is so necessary to the prosperity tions 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 situa and happiness of all your majesty's subjects in every part of your extensive dominions; which that heaven may preserve entire to your majesty and your descendants, is the sincere |