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British or plantation bottoms, excluding | have any connection with this new acquaintforeign ships from our ports, and navigating ance. with three quarters 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 restraints on our manufactures, in the woollen and hat-making branches, the prohibiting of slitting-mills, steel-works, &c. He allowed that some amendment might be made in those acts; but said those relating to the slitting-mills, trip-hammers, and steelworks, were agreed to by our agents in a compromise on the opposition made here to abating the duty.

"In fine, he expressed much satisfaction in my having called 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 pleased to give me, of waiting upon his lordship occasionally, being very sensible of the honour, and of the great advantages and improvement I should reap from his instructive conversation; which indeed was not a mere compliment.

"On the Thursday preceding this chess party, Mr. David Barclay called 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 brought 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 pleased 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 answered, that I should 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, though 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 wished 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 wished to provoke the North American 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 judged too hardly of the ministers; he was persuaded they were not all of that temper, and he fancied they would be very glad to get out of their present embarrassment on any terms, only saving the honour and dignity of government. He wished, therefore, that I would think of the matter, and he would call again and converse with me further 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 received a letter from him, inclosed in a note from Dr. Fothergill, both which follow.

"The new parliament was to meet the 29th of November, (1774.) 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 pleased, a sister of lord Howe's, and he hoped 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 further introduction, which I undertook to do; but thinking it a little awkward, I postponed it; and on the 30th, meeting him again at the feast of the society election, being the day YOUNGSBURY, near Ware, 3d 12 mo. 1774. after the parliament met, he put me in mind "ESTEEMED FRIEND,-After we parted on of my promise, and that I had not kept it, and Thursday last, I accidentally met our mutual would have me name a day, when he said he friend Dr. Fothergill, in my way home, and would call for me and conduct me. I named intimated to him the subject of our discourse; the Friday following. He called according- in consequence of which, I received from him ly I went with him, played a few games an invitation to a further conference on this with the lady, whom I found of very sensible momentous affair, and I intend to be in town conversation and pleasing behaviour, which to-morrow accordingly, to meet at his house induced me to agree most readily to an ap- between four and five o'clock; and we unite pointment for another meeting a few days in the request of thy company. We are afterwards: though I had not the least appre- neither of us insensible, that the affair is of hension that any political business could that magnitude as should almost deter private

persons from meddling with it; at the same time we are respectively such well-wishers to the cause, that nothing in our power ought to be left undone, though the utmost of our efforts may be unavailable. I am thy_respectful friend, DAVID BARCLAY.

"Dr. Franklin, Craven street."

"Dr. Fothergill, presents his respects to Dr. Franklin, and hopes for the favour of his company in Harper street, to-morrow evening, to meet their mutual friend David Barclay, to confer on American affairs. As near five o'clock as may be convenient. Harper street, 3d inst."

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and that as he had with pleasure heard from David Barclay, that I had promised to think of it, he hoped I had put pen to paper, and formed some plan for consideration, and brought it with me. I answered, that I had formed no plan; as the more I thought of the proceedings against the colonies, the more satisfied I was that there did not exist the least disposition in the ministry to an accomuseless. He said, I might be mistaken; that modation; that therefore all plans must be whatever was the violence of some, he had reason, good reason, to believe others were differently disposed; 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 The time thus appointed was the evening he believed that either himself or David of the day on which I was to have my second Barclay could get it communicated to some chess party with the agreeable Mrs. Howe, of the most moderate among the ministers, whom I met accordingly. After playing as who would consider it with attention; and long as we liked, we fell into a little chat, what appeared reasonable to us, two of us bepartly on a mathematical problem,* and part- ing Englishmen, might appear so to them. ly about the new parliament then just met, As they both urged this with great earnestwhen she said, "And what is to be done withness, and when I mentioned the impropriety this dispute between Great Britain and the colonies? I hope we are not to have a civil war." They should kiss and be friends, said I; what can they do better? Quarrelling can be of service to neither, but is ruin to both. "I have often said," replied she," that I wished government would employ you to settle the dispute for them; I am sure nobody could do it so well. Do not you think that the thing is practicable?" Undoubtedly, madam, if the parties are disposed to reconciliation; for the two countries have really no clashing interests 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 pleased to express of me; but the ministers will never think of employing me in that good work; they choose rather to abuse me. Ay," said she," they have behaved shamefully to you. And indeed some of them are now ashamed of it themselves."-I looked 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.

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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 nobody understood the subject so thoroughly, and had a better head for business of the kind; that it seemed therefore a duty incumbent on me, to do every thing I could to accomplish a reconciliation;

* This lady (which is a little unusual in ladies,) has a good deal of mathematical knowledge. [Note of Dr. Franklin.]

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 seemed impatient, alleging 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 applied. I was, therefore, finally prevailed with to promise doing what they desired, 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 produced the following paper:—

HINTS FOR CONVERSATION

Upon the subject of terms that might probably produce a durable union between Britain and the colonies.

1. The tea destroyed to be paid for.

2. The tea-duty act to be repealed, and all the duties that have been received upon it to be repaid into the treasuries of the several provinces from which they have been collected.

3. The acts of navigation to be all re-enacted in the colonies.

4. A naval officer appointed by the crown to reside in each colony, to see that those acts are observed.

5. All the acts restraining manufactures in the colonies, to be repealed.

On the first, I observed, that when the injury was done, Britain had a right to reparation, and would certainly have had it on de

6. All duties arising on the acts for regu lating trade with the colonies, to be for the public use of the respective colonies, and paid into their treasuries. The collectors and cus-mand, as was the case when injury was done tom-house officers to be appointed by each governor, and not sent from England.

7. In consideration of the Americans maintaining their own peace establishment, and the monopoly Britain is to have of their commerce, no requisition to be made from them in time of peace.

8. No troops to enter and quarter in any colony, but with the consent of its legisla

ture.

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 repaired by Britain: that, therefore, if paying for the tea was agreed to by me, as an article fit to be proposed, it was merely from a desire of peace, and in compli

meeting, that this was a sine qua non, that the dignity of Britain required it, and that if this were agreed to, every thing else would be easy: this reasoning was allowed to be just; but still the article was thought necessary to stand as it did.

9. In time of war, on requisition made by the king, with the consent of parliament, every colony shall raise money by the follow-ance with their opinion expressed at our first ing rules or proportions, viz. If Britain, on account of the war, raises 3s. in the pound to its land tax, then the colonies to add to their last general provincial peace tax, a sum equal to one fourth thereof; and if Britain, on the same account pays 4s. in the pound, then the colonies to add to their said last peace tax, a On the 2d, That the act should be repealed, sum equal to half thereof; which additional as having never answered any good purpose, tax is to be granted to his majesty, and to be as having been the cause of the present misemployed in raising and paying men for land chief, and never likely to be executed. That or sea service, furnishing provisions, trans- the act being considered as unconstitutional ports, or for such other purposes as the king by the Americans, and what the parliament shall require and direct: and though no colo- had no right to make, they must consider all ny may contribute less, each may add as the money extorted by it as so much wrongmuch by voluntary grant as they shall think | fully 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 destroyed might best be defrayed. The gentlemen were of opinion, that the first part of this article, viz: the repeal, might be obtained, but not the refunding part, and therefore advised striking that out: but as I thought it just and right, I insisted on its standing.

proper.

10. Castle William to be restored to the province of the Massachusetts Bay, and no fortress built by the crown in any province, but with the consent of its legislature.

11. The late Massachusetts and Quebec acts to be repealed, and a free government granted to Canada.

12. All judges to be appointed during good behaviour, with equally permanent salaries, to be paid out of the province revenues by appointment of the assemblies: or, if the judges are to be appointed during the pleasure of the crown, let the salaries be during the pleasure of the assemblies, as heretofore.

13. Governors to be supported by the assemblies of each province.

On the 3d and 4th articles, I observed, we were frequently charged with views of abolishing the navigation act. That, in truth, those 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 three quarters British or colony seamen, &c., were as acceptable to us as they could be to Britain, since we wished to employ our own ships in preference to foreigners, and had no desire to 15. The extension of the act of Henry VIII. see foreign ships enter our ports. That inconcerning treasons to the colonies, to be form-deed the obliging us to land some of our comally disowned by parliament. modities in England before we could carry

14. If Britain will give up its monopoly of the American commerce, then the aid abovementioned to be given by America in time of peace, as well as in time of war.

16. The American admiralty-courts re- them to foreign markets, and forbidding our duced to the same powers they have in Eng-importation of some goods directly from foland, and the acts establishing them to be re-reign countries, we thought a hardship, and a enacted in America.

17. All powers of internal legislation in the colonies to be disclaimed by parliament.

In reading this paper a second time, I gave my reasons at length for each article

greater loss to us than gain to Britain, and therefore proper to be repealed: but as Britain had deemed it an equivalent for her protection, we had never applied or proposed to apply for such repeal; and if they must be con

in commerce, since all we could spare was already gained from us by Britain in that way; and secondly, that coming into the hands of British ministers, accustomed to prodigality of public money, it would be squan

neral 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 allowed the same privileges in trade as she has been allowed. That if we are called upon to give to the sinking fund or 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 inquiring 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

tinued, 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 sixth article, all the duties arising on them were to be col-dered and dissipated, answering no good gelected 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 expense, and one great source of misunderstanding removed between the two countries, viz. the calumnies of low officers appointed from home, who were for ever 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 complained of, would then no longer be necessary; and that besides its being the in-matters; and that hence might arise new terest of the colonies to execute those acts, which is the best security, government might be satisfied of its being done, from accounts to be sent home by the naval officers of the 4th article. The gentlemen were satisfied with these reasons, and approved the 3d and 4th articles; so they were to stand.

causes of misunderstanding. That upon the whole, therefore, I thought it best on all sides, that no aids shall 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 The 5th they apprehended would meet with was not to be had to send to England, in supdifficulty. They said, that restraining manu-plies, but the colonies could carry on war with factures in the colonies was a favourite idea here; and therefore they wished 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 complied 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 further 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 In maintaining the 7th article, (which was where they might best answer that purpose. at first objected to, on the principle that all I supported the article upon principles equally under the care of government should pay to- important in my opinion to Britain as to the wards the support of it,) my reasons were, colonies: for that if the king could bring into that if every distinct part of the king's do- one part of his dominions, troops raised in any minions supported its own government in time other part of them, without the consent of the of peace, it was all that could justly be re- legislatures of the part to which they were quired of it; that all the old or confederated brought, he might bring armies raised in colonies had done so from their beginning; America into England without consent of parthat their taxes for that purpose were very liament, which probably would not like it, as considerable; that new countries had many a few years since they had not liked the inpublic expenses which old ones were free troduction of the Hessians and Hanoverians, from, the works being done to their hands by though justified by the supposition of its being their ancestors, such as making roads and a time of danger. That if there should be bridges, erecting churches, court-houses, forts, at any time real occasion for British troops in quays, and other public buildings, founding America, there was no doubt of obtaining the schools and places of education, hospitals and consent of the assemblies there; and I was so alms-houses, &c. &c.; that the voluntary and far from being willing to drop this article, legal subscriptions and taxes for such purposes, that I thought I ought to add another, requirtaken together, amounted to more than was ing all the present troops to be withdrawn, paid by equal estates in Britain. That it before America could be expected to treat or would be best for Britain, on two accounts, agree upon any terms of accommodation; as not to take money from us as contribution to what they should now do of that kind might its public expense, in time of peace; first, for be deemed the effect of compulsion, the ap that just so much less would be got from us | pearance of which, ought as much as possible

to be avoided, since those reasonable things might be agreed to, where the parties seemed at least to act freely, which would be strongly refused under threats, or the semblance of force. That the withdrawing the troops was therefore necessary to make any treaty 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 placed at Boston.-Finding me obstinate, the gentlemen consented to let this stand, but did not seem quite to approve of it: they wished, 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 Englishinen 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 raised in England; but how such proportion could be ascertained, he was at a loss to contrive; 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 called 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 urged 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 three hundred thousand pounds: 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 exposed 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 the legislature: 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 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 Massachusetts acts were thought 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 replied, that we having assisted in the conquest of Canada, at a great expense 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 wished it to be extended among mankind, and to have no foundation for future slavery laid in America. That as to amending the Massachusetts government, though 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 the consent of both parties. That the parliament's claim and exercise of a power to alter our charters, which had always been deemed inviolable but for forfeiture, and to alter laws made in pursuance of these charters which had received the royal approbation, and thenceforth deemed fixed and unchangeable, but by the powers that made them, had rendered all our constitutions uncertain, and set us quite afloat:

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