"But he not only took away the letters from one brother, but kept himself concealed till he nearly occasioned the murder of the other. It is impossible to read his account, expressive of the coolest and most deliberate malice, without horror. [Here he read the letter of Dr. Franklin printed in the Public Advertiser.]—Amidst these tragical events, of one person nearly murdered, of another answerable for the issue; of a worthy governor hurt in his dearest interests; the fate of America is in suspense; here is a man, who, with the utmost insensibility of remorse, stands up and avows himself the author of all:....I can compare it only to Zanga in Dr. Young's Revenge.

"Know then 'twas....I,

I forged the letter,. . . . I disposed the picture;·

I hated,....I despised....and I destroy."

" I ask, my lords, whether the revengeful temper, attributed by poetic fiction only to the bloody African, is not surpassed by the coolness and apathy of the wily American?"

2

These pleadings for a time worked great effects; the lords assented, the town was convinced, Dr. Franklin was dismissed, and Mr. Wedderburn placed himself in the road for that high advancement which he sought, and with which he was rewarded,

"Damned to everlasting Fame."—Pope.

Unfortunately for Mr. Wedderburn, the events of the war did not correspond with his system. Unfortunately too for his "irrefragable argument," Dr. Franklin afterwards took an oath in chancery, that at the time that he transmitted the letters, he was ignorant of the party to whom they had been addressed, having himself received them from a third person, and for the express purpose of their being conveyed to America. Unfortunately also for Mr. Wedderburn's "worthy governor," that governor himself, before the arrival of Dr. Franklin's packet in Boston, sent over one of Dr. Franklin's own, "private" letters to England; expressing some little coyness indeed upon the occasion, but desiring secresy, lest he should be prevented procuring more useful intelligence from the same source. Whether Mr. Wedderburn in his speech intended to draw a particular case and portraiture, for the purpose only of injuring Dr. Franklin, or meant that his language and epithets should apply generally to all, whether friends or foes, whose practice should be found similar to it, is a matter not of so much importance.

But to return to Dr. Franklin. It was not singular perhaps, that, as a man of honor, he should surrender his name to public scrutiny in order to prevent mischief to others, and vet not betray his coadjutor (even to his death) to relieve his own fame from the severest obloquy; but perhaps it belonged to few besides Dr. Franklin, to possess mildness and magnanimity enough to refrain from intemperate expressions and measures against Mr. Wedderburn and his supporters,

Act Vth.

2 He was dismissed from his station in the post-office, which he first established.

3 See the Remembrancer for the year 1776, part 2nd. p. 61. col. 1st. and 2d.

after all that had passed. In a note, in the hand-writing of Dr. Franklin, he observes on the word duty, in the close of his letter in the Public Advertiser, as follows:

"Governor Hutchinson, as appears by his letters, since found and published in New England, had the same idea of duty, when he procured copies of Dr. Franklin's letters to the assembly, and sent them to the ministry of England."

The result of the deliberations of the committee of the privy-council was such as might be expected from the complacency with which they had heard Mr. Wedderburn, and the general fatuity that appears to have governed the councils of the British nation at the time.

The privy-council made a report in which was expressed the following opinion. "The lords of the committee do agree humbly to report, as their opinion to your majesty, that the petition is founded upon resolutions formed on false and erroneous allegations; and is groundless, vexatious, and scandalous, and calculated only for the seditious purpose of keeping up a spirit of clamor and discontent in the said province. And the lords of the committee do further humbly report to your majesty, that nothing has been laid before them which does or can, in their opinion, in any manner, or in any degree, impeach the honor, integrity, or conduct of the said governor or lieutenant-governor : and their lordships are humbly of opinion that the said petition ought to be dismissed."

Feb. 7th, 1774. "His Majesty taking the said report into consideration, was pleased, with the advice of his privy-council, to approve thereof; and to order that the said petition of the house of representatives of the province of Massachusett's Bay be dismissed the board—as groundless, vexatious, and scandalous; and calculated only for the seditious purpose of keeping up a spirit of clamor and discontent in the said province."

A former petition against Governor Bernard, met with a dismission, couched in similar

terms.

A few days after this disgraceful business, the following was inserted in the Public Advertiser.

To Alexander Wedderburn, Esq.

You stated as a fact, in your late speech before the Privy-Council, that Dr. Franklin sent the letters in an anonymous cover, with injunctions of secrecy, (written in a hand, however, well known there,) not to the speaker, as officially he ought to have done, but to private persons. Hence you drew a conclusion, that he was conscious of villany, and ashamed at having it known.

The weakness of this stating, were it true, would defeat the wickedness of the conclusion. How could you suppose a man would expect concealment from suppressing his name, if his hand were well known? or if, by some strange confusion of ideas, he did think himself concealed, to what end should he enjoin secresy ?—Wherefore should he have wished for concealment? Was there such terror in the hatred of those detected, Mr. Hutchinson and Mr. Oliver? Could he possibly have conceived that any set of ministers would be so weak and

wicked as to persecute him for a measure, which ministered to them the fairest opportunity of healing graciously those unhappy divisions with which they were perplexed in the extreme ?

But what will your hearers, what will the world think of you, when I affirm that the whole of what you stated was an absolute falsehood? I defy you to prove a word of it. I feel the harshness of the terms I use, but I appeal to every one that heard you, whether the language you uttered, entitles you to be treated like a gentleman ?

The letters were enclosed to the speaker; that which accompanied them was signed by the agent; nor was there a single injunction of secrecy with regard to the sender. He apprehended that the immediate publication of them, would raise the popular indignation so as to be fatal to the writers. Out of humanity to them he desired they might not be made public.

Dr. Franklin's declaration was the next subject of your abuse. You inveighed against it as marking the most inhuman apathy that the imagination could conceive, made to insult over distress, and aggravate the wounds which his villany had occasioned.

Let us state the fact, and see how far it would support the charge.

On the 8th of December, a letter under the signature of Antenor, accused Mr. Temple of dishonorably taking the letters in question from Mr. Whately, whose name was vouched for the truth of the charge. The next day Mr. Temple's accuser appeared, declaring Mr. Whately's concurrence with him in denying the facts, on which the charge was founded. So far was there, in this stage of the business, any appearance of any quarrel likely to happen between these two gentlemen, that it seemed as if they were united in contradicting a malignant anonymous accusation; but on the 11th Mr. Whately contradicted Mr. Temple, and at four o'clock that day the duel was fought.—What time or opportunity was there here for the intervention of Dr. Franklin, especially as Mr. Temple's challenge was grounded on the other's flatly denying what he had actually given to the public under his hand?—The original cause of the dispute was, Mr. Whately's having given rise to, and countenanced a most false, unjust, and cruel accusation against Mr. Temple.

The following Plaisanterie also appeared about this time, and was attributed to Dr. Franklin.

to t

e rin er of t e ubl c adve tiser. Sir,

D. E. Q. that is Sir F. Bernard, in his long, labored, and special dull answer to Q. E. D. endeavors to persuade the King, that as he was his Majesty's Representative, there was a great similitude in their characters and conduct; and that Sir F.'s enemies are enemies of his Majesty and of all government! This puts one in mind of the Chimney-Sweeper condemned to be hanged for theft, who being charitably visited by a good Clergyman for whom he had worked, said, "I hope your honor will take my part, and get a reprieve for me, and not let my enemies have their will; because it is upon your account that they have prosecuted and sworn against me." On my account! How can that be? Why, Sir, because as how ever since they knew I was employed by your honor, they resolved upon my ruin: for they are enemies to all religion; and they hate you and me and every body in black." Z. Z.

66

APPENDIX.

No. 8.

constitution of the united states of america.

[Referred to page 390 of Memoirs.]

We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common Defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this CONSTITUTION for the United States of America.

ARTICLE I.

Sect. 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Sect. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each state shall have at least one Representative; and until such enumeration shall be made, the state of New-Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New-York six, New-Jersey four, Pennsyl vania eight, Delaware one, Maryland six, Virginia ten, North-Carolina five, South-Carolina five, and Georgia three.

When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.

Sect. 3. The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two-thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

Sect. 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof: But the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.

The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

Sect. 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorised to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide.

Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member.

Each House shall keep a journal of its proceedings, and from time to time publish the same,