crown would consent to acts making the judges during good behaviour, the Assemblies would at the same time grant their salaries to be permanent during their continuance in office. This the crown has however constantly refused. And this equitable offer is now again here proposed; the colonies not being able to conceive why their judges should not be rendered as independent as those in England. That, on the contrary, the crown now claimed to make the judges in the colonies dependent on its favor for both place and salary, both to be continued at its pleasure. 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.

This the colonies must

The thirteenth was objected to, as nothing was generally thought more reasonable here, than that the King should pay his own governor, in order to render him independent of the people, who otherwise might aim at influencing him against his duty, by occasionally withholding his salary. To this I answered, that governors sent to the colonies were often men of no estate or principle, who came merely to make fortunes, and had no natural regard for the country they were to govern. That to make them quite independent of the people, was to make them careless of their conduct, whether it was beneficial or mischievous to the public, and giving a loose to their rapacious and oppressive dispositions. 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he had given surety to observe; and all the laws he assented to were subject to be repealed by the crown, if found improper.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 fourteenth 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 fifteenth was readily agreed to.

The sixteenth it was thought would be of little consequence, if the duties were given to the colony treas

uries.

The seventeenth it was thought could hardly be obtained, but might be tried.

Thus having gone through the whole, I was desired to make a fair copy for Dr. Fothergill, who now informed us, that, having an opportunity of seeing daily Lord Dartmouth, of whose good disposition he had a high opinion, he would communicate the paper to him, 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, and 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, and had an esteem for him. I had drawn the paper at their request, and it was now theirs to do with it what they pleased. Mr. Barclay then proposed that I should send the fair copy to him, which, after making one for Dr. Fothergill and one for himself, he would return to me. Another question then arose, whether I had any objection to their mentioning that I had been consulted. I said, none that related to myself; but it was my opinion, if they wished any attention paid to the propositions, it would be better not to mention me; the ministry having, as I conceived, a prejudice against me, and every thing that came from me. They said, on that consideration 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.

Being much interrupted the day following, I did not copy and send the paper. The next morning I received a note from Mr. Barclay, pressing to have it before twelve o'clock. I 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 enclosed, 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

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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 instant."

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 enclosed to me, and accompanied by the following letter from their president, addressed to the American agents in London, as follows.

"To Paul Wentworth, Esquire, Dr. Benjamin Franklin, William Bollen, Esquire, Dr. Arthur Lee, Thomas Life, Esquire, Edmund Burke, Esquire, Charles Garth, Esquire.

"We give you the strongest proof of our reliance on your zeal and attachment to the happiness of America, and the cause of liberty, when we commit the enclosed 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 kingdom with our Memorial to the People of Great Britain.

"We doubt not but that your good sense and discernment will lead you to avail yourselves of every assistance, that may be derived from the advice and friendship of all great and good men, who may incline to aid the cause of liberty and mankind.

"The gratitude of America, expressed in the enclosed 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 favor 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, &c. By order of the Congress.

"HENRY MIDDLETON, President.”

The first impression made by the proceedings of the American Congress on people in general, was greatly in our favor. Administration seemed to be staggered, were impatient to know whether the Petition mentioned in the proceedings was come to my hands, and took a roundabout method of obtaining that information, by getting a ministerial merchant, a known intimate of the Solicitor-General, to write me a letter, importing that he heard I had received such a petition, that I was to be

*This vote of thanks was as follows. "October 25th, 1774. Resolved, That this Congress, in their own names, and in the behalf of all those whom they represent, do present their most grateful acknowledgments to those truly noble, honorable, and patriotic advocates of civil and religious liberty, who have so generously and powerfully, though unsuccessfully, espoused and defended the cause of America, both in and out of Parliament."- EDITOR.