that as by claiming a right to tax us ad libitum, they deprived us of all property; so by this claim of altering our laws and charters at will, they deprived us of all privilege and right whatever, but what we should hold at their pleasure: that this was a situation we could not be in, and must risk life and every thing rather than submit to it :-so this article remained. that the influence supposed could never extend to operate any thing prejudicial to the king's service, or the interest of Britain : since the governor was bound by a set of particular instructions, which he had given surety to observe; and all the laws he assented to were subject to be repealed by the crown if found improper: that the payment of the salaries by the people was more satisfactory to them, as it was productive of a good understanding, and mutual good offices between governor and governed, and therefore the innovation lately made in that respect at Boston and New York, had in my opinion better be laid aside :-so this article was suffered to remain. But the 14th was thought totally inadmissible. The monopoly of the American commerce could never be given up, and the proposing it would only give offence without answering any good purpose. I was therefore prevailed on to strike it wholly out. The 15th was readily agreed to. The 16th it was thought would be of little consequence, if the duties were given to the colony treasuries. The 17th it was thought could hardly be obtained, but might be tried. The 12th article I explained, by acquainting the gentlemen with the former situation of the judges in most colonies, viz. that they were appointed by the crown, and paid by the assemblies that the appointment being during the pleasure of the crown, the salary had been during the pleasure of the assembly: that when it has been urged against the assemblies, that their making judges dependant on them for their salaries, was aiming at an undue influence over the courts of justice; the assemblies usually replied, that making them dependant on the crown for continuance in their places, was also retaining an undue influence over those courts; and that one undue influence was a proper balance for the other; but that whenever the crown would consent to acts making the judges during good behaviour, the assemblies would at the Thus having gone through the whole, I same time grant their salaries to be permanent during their continuance in office. This was desired to make a fair copy for Dr. the crown has however constantly refused: Fothergill, who now informed us, that having and this equitable offer is now again here an opportunity of seeing daily lord Dartmouth, proposed; the colonies not being able to con- of whose good disposition he had a high opinceive why their judges should not be render-ion, he would communicate the paper to him, ed as independent as those in England: that, on the contrary, the crown now claimed to make the judges in the colonies dependant on its favour for both place and salary, both to be continued at its pleasure: this the colonies must oppose as inequitable, as putting both the weights into one of the scales of justice: if therefore the crown does not choose to commission the judges during good behaviour, with equally permanent salaries, the alternative proposed, that the salaries continue to be paid during the pleasure of the assemblies as heretofore. The gentlemen allowed this article to be reasonable. as the sentiments of considerate persons who wished the welfare of both countries. Suppose, said Mr. Barclay, I were to show this paper to lord Hyde; would there be any thing amiss in so doing? He is a very knowing man, and though not in the ministry, properly speaking, he is a good deal attended to by them. I have some acquaintance with him, we converse freely sometimes, and perhaps if he and I were to talk these articles over, I should communicate to him our conversation upon them, some good might arise out of it. Dr. Fothergill had no objection; and I said I could have none. I knew lord Hyde a little, The 13th was objected to, as nothing was and had an esteem for him. I had drawn the generally thought more reasonable here, than paper at their request, and it was now theirs that the king should pay his own governor, to do with it what they pleased. Mr. Barin order to render him independent of the clay then proposed, that I should send the fair people, who otherwise might aim at influenc- copy to him, which after making one for Dr. ing him against his duty, by occasionally Fothergill and one for himself, he would reAnother question then arose, withholding his salary. To this I answered, turn to me. that governors sent to the colonies were often whether I had any objection to their mentionmen of no estate or principle, who came ing that I had been consulted? I said, none merely to make fortunes, and had no natural that related to myself; but it was my opinregard for the country they were to govern: ion, if they wished any attention paid to the that to make them quite independent of the propositions, it would be better not to mention people, was to make them careless of their me; the ministry having, as I conceived, a conduct, whether it was beneficial or mis- prejudice against me and every thing that chievous to the public, and giving a loose to came from me. They said on that consideratheir rapacious and oppressive dispositions:tion it might be best not to mention me, and so it was concluded. For my own part, I kept this whole proceeding a profound secret; but I soon after discovered that it had taken air by some means or other. dom, with our memorial to the people of Great Britain. "We doubt not but that your good sense and discernment will lead you to avail yourBeing much interrupted the day following, selves of every assistance that may be derived I did not copy and send the paper. The next from the advice and friendship of all great and morning I received a note from Mr. Barclay, good men, who may incline to aid the cause pressing to have it before twelve o'clock. I of liberty and mankind. accordingly sent it to him. Three days after I received the following note from him : "D. Barclay presents his respects, and acquaints Dr. Franklin, that being informed a pamphlet, entitled A FRIENDLY ADDRESS,' has been dispersed to the disadvantage of America, (in particular by the dean of Norwich) he desires Dr. Franklin will peruse the inclosed, just come to hand from America; and if he approves of it, republish it, as D. Barclay wishes something might be properly spread at Norwich. D. Barclay saw to-day a person with whom he had been yesterday, (before he called on Dr. Franklin,) and had the satisfaction of walking part of the way with him to another noble person's house, to meet on the business, and he told him, that he could say, that he saw some light. "Cheapside, 11th inst.” The person so met and accompanied by Mr. Barclay, I understood to be lord Hyde, going either to lord Dartmouth's or lord North's, I knew not which. In the following week arrived the proceedings of the congress, which had been long and anxiously expected, both by the friends and adversaries of America. The petition of congress to the king, was inclosed to me, and accompanied by the following letter from their president, addressed to the American agents in London, as follows: "TO PAUL WENTWORTH, ESQ., DR. BENJAMIN FRANKLIN, WILLIAM BOLLEN, ESQ., DR. ARTHUR LEE, THOMAS LIFE, ESQ., EDMUND BURKE, ESQ., CHARLES GARTH, Esq. 66 "The gratitude of America, expressed in the inclosed vote of thanks,* we desire may be conveyed to the deserving objects of it, in the manner that you think will be most acceptable to them. "It is proposed, that another congress be held on the 10th of May next, at this place; but in the mean time we beg the favour of you, gentlemen, to transmit to the speakers of the several assemblies, the earliest information of the most authentic accounts you can collect, of all such conduct and designs of ministry or parliament, as it may concern America to know. "We are, with unfeigned esteem and regard, gentlemen, by order of the congress, HENRY MIDDLETON, President." 66 The judges of admiralty and vice admiralty courts Philadelphia, October 26, 1774. are empowered to receive their salaries and fees from the effects condemned by themselves. The officers of “Gentlemen,—We give you the strongest the customs are empowered to break open and enter proof of our reliance on your zeal and attach-houses, without the authority of any civil magistrate, ment to the happiness of America, and the cause of liberty, when we commit the inclosed papers to your care. "We desire you will deliver the petition into the hands of his majesty; and after it has been presented, we wish it may be made public through the press, together with the list of grievances. And as we hope for great assistance from the spirit, virtue, and justice of the nation; it is our earnest desire, that the most effectual care be taken, as early as possible, to furnish the trading cities and manufacturing towns throughout the united kingVOL. I..... .P 10* founded on civil information. The judges of courts of common law have been made entirely dependant on one part of the legislature for their salaries, as well as for the duration of their com missions. Counsellors holding their commissions during pleasure, exercise legislative authority. sensatives of the people have been fruitless. The agents Humble and reasonable petitions from the repre This piece is wanting; but it was a vote of congress declaratory, in their own names, and in the behalf of all those whom they represented of their most grateful acknowledgments, to those truly noble, honourable, and patriotic advocates of civil and religious liberty, who had so generously and powerfully, though unsuc cessfully, espoused and defended the cause of America both in and out of parliament. of the people have been discountenanced, and governors have been instructed to prevent the payment of their salaries. Assemblies have been repeatedly and injuriously dissolved. Commerce has been burdened with many useless and oppressive restrictions. men, while our minds retain the strongest love of By several acts of parliament, made in the fourth, Duty to your majesty, and regard for the preservation of ourselves and our posterity, the primary obligations of nature and society, command us to entreat your royal attention; and as your majesty enjoys the signal distinction of reigning over freemen, we apprehend the language of freemen cannot be displeasing. Your royal indignation, we hope, will rather fall on those designthemselves between your royal person and your faithful subjects, and for several years past incessantly employed to dissolve the bonds of society, by abusing your majesty's authority, misrepresenting your American subjects, and prosecuting the most desperate and irritating projects of oppression, have at length compelled us, by the force of accumulated injuries, too severe to be any longer tolerable, to disturb your majesty's repose by our complaints. These sentiments are extorted from hearts, that much more willingly would bleed in your majesty's service. Yet so greatly have we been misrepresented, that from us without our consent, "to defray the charge of a necessity has been alleged of taking our property the administration of justice, the support of civil go. vernment, and the defence, protection, and security of the colonies." But we beg leave to assure your majesty, that such provision has been and will be made for defraying the two first articles, as has been and shall be judged, by the legislatures of the several colonies, just and suitable to their respective circumstances: and for the defence, protection, and security of the colonies, their militias, if properly regulated, as they earnestly desire may immediately be done, would be fully sufficient, at least in times of peace; and in case of war, your faithful colonists will be ready and willing, as they ever have been when constitutionally required, to demonstrate their loyalty to your majesty, by exerting their most strenuous efforts in granting sup in affectionate attachment to your majesty's person, plies and raising forces. Yielding to no British subjects family, and government, we too dearly prize the privilege of expressing that attachment by those proofs, that are honourable to the prince who receives them, and body of men upon earth. to the people who give them, ever to resign it to any Had we been permitted to enjoy in quiet the inheritance left us by our forefathers, we should at this time have been peaceably, cheerfully, and usefully employed in recommending ourselves by every testimony of devotion to your majesty, and of veneration to the state, from which we derive our origin. But though now exposed to unexpected and unnatural scenes of distress, by a contention, with that nation, in whose parental guidance on all important affairs we have hitherto with filial reverence constantly trusted, and therefore can derive no instruction in our present unhappy and perplexing circumstances from any former experience, yet we doubt not the purity of our intention and the integrity of our conduct will justify us at that grand tribunal, before which all mankind must submit to judgment. We ask but for peace, liberty, and safety. We wish not a diminution of the prerogative, nor do we solicit the grant of any new right in our favour. Your royal authority over us, and our connexion with Great Britian, we shall always carefully and zealously endeavour to support and maintain. Filled with sentiments of duty to your majesty, and of affection to our parent state, deeply impressed by our education, and strongly confirmed by our reason, and anxious to evince the sincerity of these disposi tions, we present this petition only to obtain redress of grievances, and relief from fears and jealousies occasioned by the system of statutes and regulations adopted since the close of the late war, for raising a revenue in America-extending the powers of courts of admiralty and vice-admiralty-trying persons in America-affecting the province of Massachusetts Great Britain for offences alleged to be committed in The apprehension of being degraded into a state of Bay; and altering the government and extending the FOL servitude, from the pre-eminent rank of English free-limits of Quebec; by the abolition of which sys tem, the harmony between Great Britian and these colonies, so necessary to the happiness of both, and so ardently desired by the latter, and the usual intercourse will be immediately restored. In the mag. nanimity and justice of your majesty and parlia ment we confide for a redress of our other griev ances, trusting that when the causes of our apprehensions are removed, our future conduct will prove us not unworthy of the regard we have been accustomed in our happier days to enjoy. For, appealing to that Being who searches thoroughly the hearts of his creainfluenced by no other motive than a dread of impend tures, we solemnly profess, that our councils have been ing destruction. Permit us then, most gracious sovereign, in the name of all your faithful people in America, with the utmost humility to implore you, for the honour of Almighty God, whose pure religion our enemies are undermin ing for your glory, which can be advanced only by ren dering your subjects happy, and keeping them united; for the interests of your family, depending on an ad herence to the principles that enthroned it; for the safe ty and welfare of your kingdoms and dominions, threatened with almost unavoidable dangers and distresses; that your majesty, as the loving father of your whole people, connected by the same bands of law, loyalty, faith, and blood, though dwelling in various countries, will not suffer the transcendant relation formed by these ties to be further violated, in uncertain expecta tion of effects, that, if attained, never can compensate for the calamities through which they must be gained. We therefore most earnestly beseech your majesty, that your royal authority and interposition may be used for our relief; and that a gracious answer may be given to this petition. That your majesty may enjoy every felicity through a long and glorious reign, over loyal and happy subjects, and that your descendants may inherit your prosperity and dominions till time shall be no more, is and always will be, our sincere and fervent prayer. HENRY MIDDLETON. Philadelphia, October 26, 1774. From New Hampshire. Nath. Folsom. Massachusetts Bay. Rhode Island. Step. Hopkins, Sam. Ward. Connecticut. Eleph. Dyer, Roger Sherman, Silas Deane. New York. John Jay. New Jersey. Wil. Livingston, John De. Hart, Steph. Crane, Rich. Smith. Pennsylvania, Delaware Government, Maryland. Mat. Tilghman, Tho. Johnson, jun., Wm. Paca, Samuel Chace. Virginia. Richard Henry Lee, Patrick Henry, G. Washington, Edmund Pendleton, Rich. Bland, Benj. Harrison. North Carolina. Will. Hooper, Joseph Hewes, Rd. Caswell. South Carolina. Tho. Lynch, Christ. Gadsden, J. Rutledge, Edward Rutledge. The first impression made by the proceedings of the American congress on people in general, was greatly in our favour. Adminis tient to know whether the petition mentioned in the proceedings was come to my hands, and took round-about methods of obtaining that information, by getting a ministerial merchant, a known intimate of the solicitorgeneral, to write me a letter, importing that he heard I had received such a petition, that I was to be attended in presenting it by the that he might attend "on so important an ocmerchants, and begging to know the time, casion, and give his testimony to so good a work." Before these proceedings arrived, it had been given out, that no petition from the congress could be received, as they were an illegal body; but the secretary of state, after a day's perusal, (during which a council was held,) told us it was a decent and proper petition, and cheerfully undertook to present it to his majesty, who, he afterwards assured us, was pleased to receive it very graciously, and to promise to lay it, as soon as they met, before his two houses of parliament; and we had reason to believe, that at that time, the petition was intended to be made the foundation of some changes of measures; but that purpose, if such there was, did not long continue. About this time I received a letter from Mr. Barclay, then at Norwich, dated December 18, expressing his opinion, that it might be best to postpone taking any further steps in the affair of procuring a meeting and petition of the merchants, (on which we had had several consultations,) till after the holidays, thereby to give the proceedings of congress more time to work upon men's minds, adding, "I likewise consider that our superiors will have some little time for reflection, and perhaps may contemplate on the propriety of the HINTS in their possession. By a few lines I have received from lord Hyde, he intimates his hearty wish that they may be productive of what may be practicable and advantageous for the mother country and the colonies."On the 22d, Mr. Barclay was come to town, when I dined with him, and learned that lord Hyde thought the propositions too hard. On the 24th, I received the following note from a considerable merchant in the city, viz.: "Mr. William Neate presents his most respectful compliments to Dr. Franklin, and as a report prevailed yesterday evening, that all the disputes between Great Britain and the American colonies, were, through his application and influence with lord North, amicably settled, conformable to the wish and desire of the late congress, W. N. desires the favour of Dr. Franklin to inform him by a line, per the bearer, whether there is any credit to be given to the report? 66 St. Mary Hill, 24th December, 1774.” My answer was to this effect, that I should tration seemed to be staggered, were impa- be very happy to be able to inform him that the report he had heard had some truth in it; | have any direct communication with this but I could only assure him that I knew nothing of the matter. Such reports, however, were confidently circulated, and had some effect in recovering the stocks, which had fallen three or four per cent. On Christmas day, visiting Mrs. Howe, she told me as soon as I went in, that her brother, lord Howe, wished to be acquainted with me; that he was a very good man, and she was sure we should like each other. I said, I had always heard a good character of lord Howe, and should be proud of the honour of being known to him. He is just by, said she; will you give me leave to send for him? By all means, madam, if you think proper. She rang for a servant, wrote a note, and lord Howe came in a few minutes. After some extremely polite compliments as to the general motives for his desiring an acquaintance with me, he said he had a particular one at this time, which was the alarming situation of our affairs with America, which no one, he was persuaded, understood better than myself; that it was the opinion of some friends of his, that no man could do more towards reconciling our differences than I could, if I would undertake it; that he was sensible I had been very ill treated by the ministry, but he hoped that would not be considered by me in the present case; that he himself, though not in opposition, had much disapproved of their conduct towards me; that some of them, he was sure, were ashamed of it, and sorry it had happened; which he supposed must be sufficient to abate resentment in a great and generous mind; that if he were himself in administration, he should be ready to make me ample satisfaction, which he was persuaded, would one day or other be done; that he was unconnected with the ministry, except by some personal friendships, wished well however to government, was anxious for the general welfare of the whole empire, and had a particular regard for New England, which had shown a very endearing respect to his family; that he was merely an independent member of parliament, desirous of doing what good he could, agreeably to his duty in that station; that he therefore had wished for an opportunity of obtaining my sentiments on the means of reconciling our differences, which he saw must be attended with the most mischievous consequences, if not speedily accommodated; that he hoped his zeal for the public welfare, would, with me, excuse the impertinence of a mere stranger, who could have otherwise no reason to expect, or right to request me to open my mind to him upon these topics; but he did conceive, that if I would indulge him with my ideas of the means proper to bring about a reconciliation, it might be of some use; that perhaps I might not be willing myself to ministry on this occasion; that I might likewise not care to have it known that I had any indirect communication with them, till I could be well assured of their good dispositions; that being himself upon no ill terms with them, he thought it not impossible that he might, by conveying my sentiments to them, and theirs to me, be a means of bringing on a good understanding, without committing either them or me, if his negotiation should not succeed; and that I might rely on his keeping perfectly secret, every thing I should wish to remain so. Mrs. Howe here offering to withdraw, whether of herself, or from any sign by him, I know not, I begged she might stay, as I should have no secret in a business of this nature that I could not freely confide to her prudence; which was truth; for I had never conceived a higher opinion of the discretion and excellent understanding of any woman on so short an acquaintance. I added, that though I had never before the honour of being in his lordship's company, his manner was such as had already engaged my confidence, and would make me perfectly easy and free in communicating myself to him. I begged him in the first place, to give me credit for a sincere desire of healing the breach between the two countries; that I would cheerfully and heartily do every thing in my small power to accomplish it; but that I apprehended from the king's speech, and from the measures talked of, as well as those already determined on, no intention or disposition of the kind existed in the present ministry, and therefore no accommodation could be expected till we saw a change. That as to what his lordship mentioned of the personal injuries done me, those done my country were so much greater. that I did not think the other, at this time, worth mentioning; that besides it was a fixed rule with me, not to mix my private affairs with those of the public; that I could join with my personal enemy in serving the public, or, when it was for its interest, with the public in serving that enemy; these being my sentiments, his lordship might be assured that no private considerations of the kind should prevent my being as useful in the present case as my small ability would permit. He appeared satisfied and pleased with these declarations, and gave it me as his sincere opinion, that some of the ministry were extremely well disposed to any reasonable accommodations, preserving only the dignity of government; and he wished me to draw up in writing, some propositions containing the terms on which I conceived a good understanding might be obtained and established, and the mode of proceeding to accomplish it; which propositions, as soon as prepared, we might meet to consider, either at his house, |