Accompanying Franklin's counsels of patience, however, was also an unceasing warning to America not to alter for a moment her posture of resistance and protest. "If under all the Insults and Oppressions you are now exposed to," he told Dr. Cooper, "you can prudently, as you have lately done, continue quiet, avoiding Tumults, but still resolutely keeping up your Claim and asserting your Rights, you will finally establish them, and this military Cloud that now blusters over you will pass away, and do no more Harm than a Summer Thunder Shower." "The Colonies," he wrote subsequently to Robert Morris and Thomas Leach, "have Adversaries enow to their common Privileges: They should endeavour to agree among themselves, and avoid everything that may make ill-Blood and promote Divisions, which must weaken them in their common Defence." To Thomas Cushing he wrote that America should continue from time to time to assert its rights in occasional solemn resolves and other public acts, never yielding them up, and avoiding even the slightest expressions that seemed confirmatory of the claim that had been set up against them. As the end of it all became more and more obvious, his note of warning assumed an additional significance. In a letter to Thomas Cushing in 1773, he wrote:
But our great Security lies, I think, in our growing Strength, both in Numbers and Wealth; that creates an increasing Ability of assisting this Nation in its Wars, which will make us more respectable, our Friendship more valued, and our Enmity feared; thence it will soon be thought proper to treat us not with Justice only, but with Kindness, and thence we may expect in a few Years a total Change of Measures with regard to us; unless, by a Neglect of military Discipline, we should lose all martial Spirit, and our Western People become as tame as those in the Eastern Dominions of Britain, when we may expect the same Oppressions; for there is much Truth in the Italian saying, Make yourselves Sheep, and the Wolves will eat you.
Indeed the almost miraculous way in which the population and wealth of America were increasing from year to year was one of the facts which entered most deeply into Franklin's calculation of the resources upon which she could rely not for the purpose of breaking away from the British connection but for the purpose of preventing it from being abused by England. No one saw more clearly than he that the day would come when some descendant, such as Gladstone, of one of his British contemporaries might well apostrophize America as a daughter that, at no very distant time, would, whether fairer or less fair, be unquestionably stronger than the mother.[22 - "But there can hardly be a doubt, as between the America and the England of the future, that the daughter, at some no very distant time, will, whether fairer or less fair, be unquestionably yet stronger than the mother."'O matre forti filia fortior.'"Kin Beyond Sea, by William E. Gladstone.] To Thomas Cushing he wrote in 1773 that the longer England delayed the accommodation, which finally for her own sake she must obtain, the worse terms she might expect, since the inequality of power and importance that then subsisted between her and America was daily diminishing; while the latter's sense of her own rights and of England's injustice was continually increasing.
Optimistic on the whole, however, as was Franklin's outlook during the interval of political strife which preceded the American Revolution, intently as he watched every ebb and flow of English feeling, while this period lasted, it is manifest that in its later stages he realized that the currents upon which he was being borne were steadily moving towards the jaws of the maelstrom. This is apparent enough in his perspicacious letter of May 15, 1771, to the Committee of Correspondence in Massachusetts.
I think one may clearly see, in the system of customs to be exacted in America by act of Parliament, the seeds sown of a total disunion of the two countries, though, as yet, that event may be at a considerable distance. The course and natural progress seems to be, first, the appointment of needy men as officers, for others do not care to leave England; then, their necessities make them rapacious, their office makes them proud and insolent, their insolence and rapacity make them odious, and, being conscious that they are hated, they become malicious; their malice urges them to a continual abuse of the inhabitants in their letters to administration, representing them as disaffected and rebellious, and (to encourage the use of severity), as weak, divided, timid, and cowardly. Government believes all; thinks it necessary to support and countenance its officers; their quarreling with the people is deemed a mark and consequence of their fidelity; they are therefore more highly rewarded, and this makes their conduct still more insolent and provoking.
The resentment of the people will, at times and on particular incidents, burst into outrages and violence upon such officers, and this naturally draws down severity and acts of further oppression from hence. The more the people are dissatisfied, the more rigor will be thought necessary; severe punishments will be inflicted to terrify; rights and privileges will be abolished; greater force will then be required to secure execution and submission; the expense will become enormous; it will then be thought proper, by fresh exactions, to make the people defray it; thence, the British nation and government will become odious, the subjection to it will be deemed no longer tolerable; war ensues, and the bloody struggle will end in absolute slavery to America, or ruin to Britain by the loss of her colonies; the latter most probable, from America's growing strength and magnitude.
But, as the whole empire must, in either case, be greatly weakened, I cannot but wish to see much patience and the utmost discretion in our general conduct, that the fatal period may be postponed, and that, whenever this catastrophe shall happen, it may appear to all mankind that the fault has not been ours.
Franklin's written comments upon the American controversy between the passage of the Stamp Act and his return to America in 1775 are usually marked by a sobriety and dignity of expression worthy of their wisdom. It is only at times that the strong character, habitually held in leash by innate prudence and severely disciplined self-control, breaks out into impatience. Naturally enough now and then he has a word of scorn for the graceless venality which made Westminster almost as much a market as Smithfield, and was, after all, the real thing that rendered England deaf to the warning "Time is" of Friar Bacon's brazen mouth-piece.
Many think the new Parliament will be for reversing the late proceedings [he wrote to Galloway in 1774], but that depends on the Court, on which every Parliament seems to be dependent; so much so, that I begin to think a Parliament here of little Use to the People: For since a Parliament is always to do as a ministry would have it, why should we not be govern'd by the Ministry in the first Instance? They could afford to govern us cheaper, the Parliament being a very expensive Machine, that requires a vast deal of oiling and greasing at the People's Charge; for they finally pay all the enormous Salaries of Places, the Pensions, and the Bribes, now by Custom become necessary to induce the Members to vote according to their Consciences.
Franklin would have been more than human if he had not had a resentful word to say too, when, as the result of the refusal of the Americans to drink any tea, except such as was smuggled into America, free of the detested duty, by the commercial rivals of England, the East India Company could no longer meet its debts, let alone pay dividends and the annuity of four hundred thousand pounds, payable by it to the British Government, and bankruptcy was following bankruptcy like a series of falling bricks, and thousands of Spitalfield and Manchester weavers were starving, or subsisting upon charity. "Blessed Effects of Pride, Pique, and Passion in Government, which should have no Passions," was the caustic observation of Franklin in one of his letters to his son. Bitterness welled up again in his throat when, after he had been bayed by the Privy Council, and dismissed from his office, a special instruction was issued to the Governor of Massachusetts not to sign any warrant on the Treasury for the purpose of paying him any salary as the agent of Massachusetts or reimbursing him for any expenses incurred on her behalf.
The Injustice [he said in his Tract Relative to the Affair of Hutchinson's Letters] of thus depriving the People there of the Use of their own Money, to pay an Agent acting in their Defence, while the Governor, with a large Salary out of the Money extorted from them by Act of Parliament, was enabled to pay plentifully Maudit and Wedderburn to abuse and defame them and their Agent, is so evident as to need no Comment. But this they call Government!
Indecent, however, as was the treatment accorded by the Privy Council to the man, who had striven so loyally, so zealously and so wisely to promote the greatness and glory of England, it hardly conveyed a ruder shock to his mind than that which it received later when he saw the plan for the settlement of the American Controversy drafted by Lord Chatham rejected by the House of Lords, with as much contempt he told Charles Thomson, "as they could have shown to a Ballad offered by a drunken Porter."
To hear so many of these Hereditary Legislators [he said in his Account of Negotiations in London], 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 Despondency, and conducted it to Victory and Glory, thro' a War with two of the mightiest Kingdoms in Europe; to hear them censuring his Plan, not only for their own Misunderstandings of what was in it, but for their Imaginations of what was not in it, which they would not give themselves an Opportunity of rectifying by a second Reading; to perceive the total Ignorance of the Subject in some, the Prejudice and Passion of others, and the wilful Perversion of Plain Truth in several of the Ministers; and upon the whole to see it so ignominiously rejected by so great a Majority, and so hastily too, in Breach of all Decency, and prudent Regard to the Character and Dignity 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 appear'd to have scarce Discretion enough to govern a Herd of Swine. Hereditary Legislators! thought I. There would be more Propriety, because less Hazard of Mischief, in having (as in some University of Germany) Hereditary Professors of Mathematicks.
Yet this is the Government [Franklin declared in the letter to Charles Thomson, in which he used the simile of the ballad and the drunken porter, and also referred to equally rash conduct upon the part of the House of Commons], by whose Supreme Authority, we are to have our Throats cut, if we do not acknowledge, and whose dictates we are implicitly to obey, while their conduct hardly entitles them to Common Respect.
But it was only after he had been shamelessly and publicly proscribed, under circumstances which gave him good reason to believe that he was but the vicarious victim of a People unfeelingly doomed to the cruel alternatives of fratricidal resistance or vassalage, that he gave way, though still engaged in a last effort to stave off the evil day of separation, to such reproachful or denunciatory utterances as these. Indeed, as it is a satisfaction to a stupid man to know that Homer sometimes nodded, and to a vicious man to know that the character of Washington is supposed to have been at last successfully fly-specked by some petty scandal-monger, so it ought to be a relief to a hasty man to know that Franklin was once on the point of succumbing entirely to a sudden flaw of anger. Goaded beyond endurance by the reflections, which he had just heard in the House of Lords on everything American, including American courage, honesty and intelligence, reflections as contemptuous, he said, as if his countrymen were the lowest of mankind, and almost of a different species from the English of Britain, he drew up a heated protest, as the agent of Massachusetts, demanding from Great Britain present satisfaction for the blockade of Boston, and stating that satisfaction for the proposed exclusion of Massachusetts from the Newfoundland and other fisheries, if carried into effect, would probably also some day be demanded. When he showed the paper to his friend, Thomas Walpole, a member of the House of Commons, Walpole, we are told by him, looked at it and him several times alternately, as if he apprehended him to be out of his senses. However, Franklin asked him to lay it before Lord Camden, which he undertook to do. When it came back to Franklin, it was with a note from Walpole telling him simply that it was thought that it might be attended with dangerous consequences to his person, and contribute to exasperate the nation. The caution that Franklin exhibited before permitting the protest to pass from his possession suggests the idea that, in writing it, he was merely seeking a safe vent for the mental ferment of the moment. It was doubtless well for him that the paper got no further; for it is painful to relate that the disposition was not wanting in England to construe some of his letters to Thomas Cushing as treasonable. In a letter to Cushing, he said that he was not conscious of any treasonable intention, but that, after the manner in which he had recently been treated in the matter of the Hutchinson letters, he was not to wonder if less than a small lump in his forehead was voted a horn. Six months later, he wrote to Galloway that it was thought by many that, if the British soldiers and the New Englanders should come to blows, he would probably be taken up; for the ministerial people affected everywhere to represent him as the cause of all the misunderstanding. We know nothing better calculated to show how hopeless it is for the lamb downstream to convince the wolf upstream that the water flowing by him was not muddied from below than the fact that, during the debate over Lord Chatham's conciliatory Plan, Lord Sandwich referred to Franklin as one of the bitterest and most mischievous enemies that England had ever known. That is to say, Franklin, the loyal Englishman who, in one of his early papers on electricity, could not even mention the King without adding, "God preserve him," who had shrunk in the beginning from the agitation against the Stamp Act as little less than treason, who had deprecated the Boston tea-party as lawless violence, and had, from first to last, condemned mob-license in every form in America as steadfastly as tyranny in England.
The wonder is that he should not have reached the decision sooner than he did that there was nothing to be gained for his country by his longer sojourn in England. His intercourse, as an American agent with Lord Hillsborough, when Secretary of State for America and First Commissioner to the Board of Trade, was alone enough to bring him to such a decision.[23 - Jared Sparks hardly overstates the case when he asserts that the policy and acts of Lord Hillsborough contributed more, perhaps, than those of any other man towards increasing the discontents which led to the separation of the Colonies from Great Britain.] As an Irishman, familiar with the repressive policy of England in Ireland, Hillsborough could not well approve of British restrictions upon American commerce and manufactures; but there his sympathy with America ceased. Franklin truly said that the agents of the Colonies in England were quite as useful to England as to the Colonies, since they had more than once by timely advice kept the English Government from making mistakes arising out of ignorance of special conditions peculiar to America. But this view was not shared by Hillsborough. He insisted that no agent from Massachusetts should be recognized in England, who was not appointed, from year to year, by the General Court of Massachusetts by an act, to which the Governor of that colony had given his assent. As the Governor was dependent for his appointment upon the British Ministry, and would hardly fail to name any one as agent, who might be selected by it, such a tenure was equivalent to vesting the selection of the agent in Hillsborough himself, whose wishes, when selected, the agent was not likely to oppose. Under such conditions, an agent would be of no value to the colony, Franklin declared, and, under such conditions, he further declared, he would not be willing himself to hold the post. "His Character is Conceit, Wrongheadedness, Obstinacy, and Passion." Such were the terms in which Franklin summed up the moral attributes of Hillsborough to Dr. Cooper, after he had vainly striven for several years to give the former some salutary conception of the importance of ascertaining the real sentiments and wants of America. The letter, in which these terms were employed, was accompanied by minutes of a spirited dialogue between Franklin and Hillsborough, which almost makes us regret that the former, among his other literary ventures, had not tested his qualifications as a playwright. The part of Hillsborough in the colloquy was to let Franklin fully know in language of mixed petulance and contempt that he declined to recognize him as an agent.
No such appointment shall be entered [he is minuted as declaring]. When I came into the administration of American affairs, I found them in great disorder. By my firmness they are now something mended; and, while I have the honour to hold the seals, I shall continue the same conduct, the same firmness. I think my duty to the master I serve, and to the government of this nation, requires it of me. If that conduct is not approved, they may take my office from me when they please. I shall make them a bow, and thank them; I shall resign with pleasure. That gentleman knows it, (pointing to Mr. Pownall), but, while I continue in it, I shall resolutely persevere in the same Firmness. (Spoken with great warmth, and turning pale in his discourse, as if he was angry at something or somebody besides the agent, and of more consequence to himself.)
Then follows Franklin's reply:
B. F. (Reaching out his hand for the paper, which his Lordship returned to him). I beg your Lordship's pardon for taking up so much of your time. It is, I believe, of no great importance whether the appointment is acknowledged or not, for I have not the least conception that an agent can at present be of any use to any of the colonies. I shall therefore give your Lordship no further trouble. (Withdrew.)
As the dialogue discloses, Hillsborough had quite enough enemies already to render it prudent for him to abstain from making another of a man who had declared in the letter, with which it was enclosed, that, if there was to be a war between them, he would do his best to defend himself, and annoy his adversary little, regarding the story of the Earthen Pot and Brazen Pitcher.
One encouragement I have [Franklin said in his letter], the knowledge, that he is not a whit better lik'd by his Colleagues in the Ministry, than he is by me, that he can not probably continue where he is much longer, and that he can scarce be succeeded by anybody, who will not like me the better for his having been at Variance with me.
Later, Franklin wrote to Thomas Cushing:
This Man's Mandates have been treated with Disrespect in America, his Letters have been criticis'd, his Measures censur'd and despis'd; which has produced in him a kind of settled Malice against the Colonies, particularly ours, that would break out into greater Violence if cooler Heads did not set some Bounds to it. I have indeed good Reason to believe that his Conduct is far from being approved by the King's other Servants, and that he himself is so generally dislik'd by them that it is not probable he will continue much longer in his present Station, the general Wish here being to recover (saving only the Dignity of Government) the Good-Will of the Colonies, which there is little reason to expect while they are under his wild Administration. Their permitting so long his Eccentricities (if I may use such an Expression) is owing, I imagine, rather to the Difficulty of knowing how to dispose of or what to do with a man of his wrong-headed bustling Industry, who, it is apprehended, may be more mischievous out of Administration than in it, than to any kind of personal Regard for him.
The Earthen Pot and the Brazen Pitcher did collide, and, contrary to every physical law, it was not the Earthen Pot that suffered. Certain Americans, including Franklin himself, and certain Englishmen had applied to the Crown for a tract of land between the Alleghanies and the Ohio River, and their petition was referred to the Board of Trade of which Hillsborough was President. It asked for the right to settle two million, five hundred thousand acres. Hillsborough, who was secretly hostile to the grant, for the purpose of over-loading the application, deceitfully suggested that the applicants should ask for enough land to constitute a province; whereupon Franklin took him at his word and changed the acreage petitioned for to twenty-three million acres. When the report of the Lords Commissioners for Trade and Plantations, drafted by Hillsborough, was made, it opposed the grant.
If a vast territory [said His Majesty's Governor of Georgia, in a letter to the Commissioners, which is quoted in the Report], be granted to any set of gentlemen, who really mean to people it, and actually do so, it must draw and carry out a great number of people from Great Britain; and I apprehend they will soon become a kind of separate and independent people, and who will set up for themselves; that they will soon have manufactures of their own; that they will neither take supplies from the mother country, nor from the provinces, at the back of which they are settled; that, being at a distance from the seat of government, courts, magistrates, &c., &c., they will be out of the reach and control of law and government; that it will become a receptacle and kind of asylum for offenders, who will fly from justice to such new country or colony.
To this report, which sought to confine America to practically the same limits as those fixed by the French, Franklin, with his knowledge of American conditions, and breadth of vision, made such a crushing reply that, when the report and the reply came before the Privy Council, the application for the grant, partly because of the strength of Franklin's reply, and, partly from dislike to Hillsborough, was approved. Mortified by this action, Hillsborough resigned his office, and was succeeded by Lord Dartmouth, the nobleman described by Cowper as "One who wears a coronet, and prays."
In keeping with the deceit, practiced by Hillsborough, in endeavoring to give an extravagant turn to the Ohio petition, was his previous bearing towards Franklin after the interview with the latter, at which he paid such a fulsome tribute to his own firmness. During the year preceding the action of the Privy Council, Franklin had heard that Hillsborough had expressed himself about him in very angry terms, calling him a Republican, a factious, mischievous fellow, and the like. Nevertheless, a few weeks later, when he was in Ireland, Hillsborough pressed him so warmly to call upon him at his country-seat, upon his way to the North of Ireland, that he did so, and was detained there no less than four days, in the enjoyment of a hospitality so assiduous that his host, Franklin tells us, even put his oldest son, Lord Kilwarling, into his phaeton with him, to drive him a round of forty miles, that he might see the country, the seats, manufactures, etc., and moreover covered him with his own great coat lest he should take cold. Later, after both Franklin and Hillsborough had returned to London, the former called upon the latter repeatedly for the purpose of thanking him for his civilities in Ireland. On each day, he was told that his Lordship was not at home, although on two of them he had good reason to know the contrary. On the last of the two, which was one of his Lordship's levee days, the porter, seeing Franklin, came out and surlily chid the latter's coachman for opening the door of his coach before he had inquired whether his Lordship was at home. Then, turning to Franklin, he said, "My Lord is not at home." "I have never since been nigh him," Franklin wrote to his son, "and we have only abused one another at a distance."
During the year succeeding the action of the Privy Council, when Franklin was with his friend Lord Le Despencer at Oxford, Lord Hillsborough, upon being told by Lord Le Despencer, as they were descending the stairs in Queen's College, that Franklin was above, reascended them immediately, and, approaching Franklin in the pleasantest manner imaginable, said, "Dr. Franklin, I did not know till this Minute that you were here, and I am come back to make you my Bow! I am glad to see you at Oxford, and that you look so well," &c.
In Return for this Extravagance [Franklin said in a letter to his son], I complimented him on his Son's Performance in the Theatre, tho' indeed it was but indifferent, so that Account was settled. For as People say, when they are angry, If he strikes me, I'll strike him again; I think sometimes it may be right to say, If he flatters me, I'll flatter him again. This is Lex Talionis, returning Offences in kind. His Son however (Lord Fairford), is a valuable young Man, and his Daughters, Ladys Mary and Charlotte, most amiable young Women. My Quarrel is only with him, who, of all the Men I ever met with, is surely the most unequal in his Treatment of People, the most insincere, and the most wrong-headed.
Such was the man, to whom the oversight of American affairs was committed at a highly critical period in the relations of England and the Colonies. Speaking of Hillsborough's successor, Lord Dartmouth, Franklin said, "he is truly a good Man, and wishes sincerely a good Understanding with the Colonies, but does not seem to have Strength equal to his Wishes." This minister was wise enough to recognize the agents of the American colonies, including Franklin, again, despite the stand taken by Hillsborough against them. But, when Lord Chatham's conciliatory plan was so summarily rejected by the House of Lords, Dartmouth, though he had, when the motion was first made, suggested that it should be deliberately considered, was later swept along unresistingly by the majority. In his account of the incident, Franklin said, "I am the more particular in this, as it is a Trait of that Nobleman's Character, who from his Office is suppos'd to have so great a Share in American affairs, but who has in reality no Will or Judgment of his own, being with Dispositions for the best Measures, easily prevail'd with to join in the worst."
But it is in the history of the Hutchinson letters that we find the most convincing proof of the hopelessness of Franklin's task in his endeavor to bring public opinion in England over to his generous views of her true interests. On one occasion, when speaking in terms of warm resentment of the conduct of the ministry in dispatching troops to Boston, he was to his great surprise, to use his own words, assured by a gentleman of character and distinction that the action of the ministry in this, and the other respects, obnoxious to America, had been brought about by some of the most reputable persons among the Americans themselves. He was skeptical, and the gentleman, whose name he never revealed, being desirous of establishing the truth of his statement to the satisfaction of both Franklin and Franklin's countrymen, called upon Franklin a few days afterwards, and exhibited to him letters from Lieutenant-Governor Hutchinson and Secretary Andrew Oliver of Massachusetts, and other residents of that colony which only too conclusively confirmed what had been said. The gentleman would not permit copies to be taken of the letters, but he delivered the originals to Franklin with the express understanding that they were not to be printed, that no copies were to be taken of them, that they were to be shown only to a few leading men in Massachusetts, and were to be carefully returned. Franklin transmitted them, subject to these conditions, to Thomas Cushing of the Committee of Correspondence at Boston. He did so, he tells us, because he thought that to shift the responsibility for the recent ministerial measures from England to America would tend to restore good feeling between the people of Massachusetts and England, and, moreover, because he felt that intelligence of such importance should not be withheld from the constituents whose agent he was. In his communication, accompanying the letters, Franklin stipulated that they were to be read only by the members of the Massachusetts Committee of Correspondence, Messrs. Bowdoin and Pitts of the Council, Drs. Chauncey, Cooper and Winthrop, and a few such other persons as Cushing might select; and were to be returned in a few months to him; but it is not true, as was afterwards alleged by his enemies, that his communication was attended by any effort to conceal his personal relations to the letters. A part of the communication is too good a specimen of the precision that Franklin always brought to the language of rebuke or condemnation not to be quoted at length.
As to the writers [he said], I can easily as well as charitably conceive it possible, that a Man educated in Prepossessions of the unbounded Authority of Parliament, &c. may think unjustifiable every Opposition even to its unconstitutional Exactions, and imagine it their Duty to suppress, as much as in them lies, such Opposition. But when I find them bartering away the Liberties of their native Country for Posts, and negociating for Salaries and Pensions extorted from the People; and, conscious of the Odium these might be attended with, calling for Troops to protect and secure the Enjoyment of them: When I see them exciting Jealousies in the Crown, and provoking it to Wrath against so great a Part of its most faithful Subjects; creating Enmities between the different Countries of which the Empire consists; occasioning a great Expence to the Old Country for Suppressing or Preventing imaginary Rebellions in the New, and to the new Country for the Payment of needless Gratifications to useless Officers and Enemies; I can not but doubt their Sincerity even in the political Principles they profess, and deem them mere Time-servers seeking their own private Emolument, thro' any Quantity of Publick Mischief; Betrayers of the Interest, not of their native Country only, but of the Government they pretend to serve, and of the whole English Empire.
Later, after strong representations had been made to Franklin by Cushing that the letters could be put to no effective use, unless they could be retained or copied, Franklin obtained leave from the gentleman, who had entrusted them to him, to authorize Cushing to show them to any persons that he chose. The fact that the letters were in Boston was soon noised abroad, whereupon the Assembly required them to be laid before it, though under its promise that they would not be printed. An occasion or pretext for disregarding this promise soon arose, when copies were produced in the House by a member who was said to have received them from England. Then the Assembly adopted a series of indignant resolutions, declaring, among other things, that the authors of the letters were justly chargeable with the great corruption of morals, and all the confusion, misery and bloodshed which had been the natural effects of the introduction of troops into the Province, and that it was its bounden duty to pray that his Majesty would be pleased to remove Hutchinson and Oliver forever from the Government thereof. These resolutions were duly followed by a petition for the removal which was transmitted to Franklin and by him transmitted to Lord Dartmouth, who laid it before the King.
When the news reached England that the letters had been published in Massachusetts, there was great curiosity to know who had transmitted them. Thomas Whately, a London banker, and the brother of William Whately, then deceased, to whom they were written, was suspected; he suspected John Temple, a former Governor of New Hampshire, who had had access to the papers of the decedent, and, his suspicions having been brought to the attention of Temple, the latter called upon him, denied all knowledge of the letters, and demanded a public exoneration. The written statement from Whately which followed was not satisfactory to Temple, and he challenged the former to a duel in which Whately was severely wounded. Up to this time, it was not known except to a few persons that Franklin had forwarded the letters to America; nor even for a time after the duel did he feel that it was incumbent upon him to tell the world that he had done so. But, when he heard that the duel would probably be renewed, as soon as Whately recovered his strength, he felt discharged from the obligation of silence that he had previously recognized to the person from whom he had received the letters, and published a communication in the Public Advertiser stating that it was impossible for Whately to have sent the letters to Boston, or for Temple to have purloined them from Whately, because they had never been in Whately's possession, and that he, Franklin alone, was the person who "obtained and transmitted to Boston the letters in question."[24 - On Jan. 28, 1820, John Adams stated in a letter to Dr. Hosack, of New York, that Temple had told him in Holland that he had communicated the Hutchinson letters to Dr. Franklin, though "I swear to you," he said to Adams, "that I did not procure them in the manner represented."]
Franklin had put his head into the lion's jaws. While he was preparing for his return to America, for the purpose of attending to a matter arising out of the operations of the American Post-office Department, he received a notice from the Clerk of the Privy Council, informing him that the Lords of the Committee for Plantation Affairs would meet at the Cockpit on Tuesday, January 11, 1774, at noon, for the purpose of considering the petition for the removal of Hutchinson and Oliver, which had been referred to the Council by the King, and requiring him to be present. A similar notice was sent to Bollan, the London Agent of the Massachusetts Council. When the petition came on for hearing, at the request of Franklin, its consideration was postponed for some three weeks, so that he could retain counsel to face Alexander Wedderburn, the Solicitor-general, who had been retained by Israel Mauduit, the agent of the Governor and Lieutenant-Governor of Massachusetts.
The counsel retained by Franklin were John Dunning, a former Solicitor-general, and subsequently Lord Ashburton, and John Lee, who later became the Solicitor-general under the administration of Charles James Fox. When the hearing did take place, it proved for every reason a memorable one. Edmund Burke could not recollect that so many Privy Councillors had ever attended a meeting of the Council before. There were no less than thirty-five in attendance. The Lord President Gower presided. In the audience, among other persons, were the Archbishop of Canterbury, Lord North, the Prime Minister, Lord Shelburne, Edmund Burke, Joseph Priestley, Jeremy Bentham, Arthur Lee, of Virginia, then a law student in London, who had been selected by the Legislature of Massachusetts to act as its agent, in the event of the absence or death of Franklin, Ralph Izard, of South Carolina, who had borne Temple's challenge to Thomas Whately, and Dr. Edward Bancroft, who was afterwards at Paris with Franklin. The hearing was opened by the reading of the letter written by Franklin to Lord Dartmouth, when transmitting the petition to him, the petition itself, the resolutions of the Massachusetts Assembly and the letters upon which they were based. In Franklin's opinion, Dunning and Lee in their pleas "acquitted themselves very handsomely." Dunning's points, Burke thought, were "well and ably put." The appeal of the Massachusetts Assembly, Dunning argued was to the wisdom and goodness of his Majesty; they were asking a favor, not demanding justice. As they had no impeachment to make, so they had no evidence to offer. Of similar tenor was the address of John Lee. The reply of Wedderburn was pointed and brilliant, and as rabid as if he had been summing up against an ordinary criminal at an ordinary assize.
The letters, could not have come to Dr. Franklin [he argued], by fair means. The writers did not give them to him; nor yet did the deceased correspondent, who, from our intimacy, would otherwise have told me of it. Nothing, then, will acquit Dr. Franklin of the charge of obtaining them by fraudulent or corrupt means, for the most malignant of purposes, unless he stole them from the person who stole them. This argument is irrefragable. I hope, my lords, you will mark and brand the man, for the honor of this country, of Europe, and of mankind. Private correspondence has hitherto been held sacred in times of the greatest party rage, not only in politics but religion… He has forfeited all the respect of societies and of men [the orator went on]. Into what companies will he hereafter go with an unembarrassed face, or the honest intrepidity of virtue? Men will watch him with a jealous eye; they will hide their papers from him, and lock up their escritoirs. He will henceforth esteem it a libel to be called a man of letters; homo TRIUM literarum! [Trium litterarum homo, a man of three letters, was a fur, or thief]. But [continued Wedderburn], 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. 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 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?
More than one bystander has recorded the impressions left upon his mind by this savage philippic.
I was not more astonished [Jeremy Bentham tells us] at the brilliancy of his lightning, than astounded at the thunder that accompanied it. As he stood, the cushion lay on the council table before him; his station was between the seats of two of the members, on the side of the right hand of the Lord President. I would not for double the greatest fee the orator could on that occasion have received, been in the place of that cushion; the ear was stunned at every blow.
"At the sallies of his sarcastic wit," Priestley declares, "all the members of the Council, the President himself not excepted, frequently laughed outright. No person belonging to the Council behaved with decent gravity, except Lord North, who, coming late, took his stand behind the chair opposite to me." Burke spoke of the attack on "Poor Dr. Franklin" as "beyond all bounds and decency," and the language, used by Lord Shelburne, in describing it to Lord Chatham, was hardly, if any, less emphatic. "The behavior of the Judges," he said, "exceeded, as was agreed on all hands, that of any committee of elections." Dunning's rejoinder to Wedderburn was wholly ineffective. His voice, always thick, was, from illness, feebler and huskier than usual even in his first address, and, exhausted as he was by standing for three hours in a room, in which no one was allowed to sit but the Privy Councillors themselves, who were supposed on such occasions to be the immediate representatives of the King, his second address was hardly audible. Lee was equally ineffective. Wedderburn's speech, therefore, which from a purely forensic point of view was really a masterpiece, was left to assert its full effect, to become the sensation of every Club in London, and to win the plaudit of every bigoted or unreflecting Englishman. "All men," Fox said, "tossed up their hats and clapped their hands in boundless delight at it."
What of Franklin during the malignant assault? The apartment, in which the hearing took place, was a small one. At one end, was an open fireplace, with a recess on each side of it. The Council table stretched from a point near this fireplace to the other end of the room. The Lord President sat at its head, and the other councillors were ranged in seats down its sides. Such spectators as had been able to secure the highly-prized privilege of being present remained standing throughout the session. In the chimney recess to the left of the President, stood Franklin with Burke and Priestley nearby. The dialectical ability and skill, which made his examination before the House of Commons so famous, he now had no opportunity to display; and unfailing fortitude was all that he could oppose to the outrage for which he had been singled out. With that, however, his uncommon strength of character abundantly supplied him.
The Doctor was dressed in a full dress suit of spotted Manchester velvet [Dr. Edward Bancroft wrote years afterwards to William Temple Franklin], and stood conspicuously erect, without the smallest movement of any part of his body. The muscles of his face had been previously composed, so as to afford a placid, tranquil expression of countenance, and he did not suffer the slightest alteration of it to appear during the continuance of the speech, in which he was so harshly and improperly treated. In short, to quote the words which he employed concerning himself on another occasion, he kept "his countenance as immovable as if his features had been made of wood."
Alone, in the recess on the left hand of the president, stood Benjamin Franklin [is the account of Bentham], in such position as not to be visible from the situation of the president, remaining the whole time like a rock, in the same posture, his head resting on his left hand; and in that attitude abiding the pelting of the pitiless storm.
Nothing but Jedburgh justice, of course, was to be expected from such a Committee in such a case, represented by such an advocate. Its report, dated the same day as its sitting, and as likely as not drafted beforehand, found that the letters had been surreptitiously obtained, and contained "nothing reprehensible"; that the petition was based on resolutions, formed on false and erroneous allegations; and was groundless, vexatious and scandalous; and calculated only for the seditious purpose of keeping up a spirit of clamor and discontent in the province; and that nothing had been laid before the Committee which did, or could, in their opinion, in any manner, or in any degree, impeach the honor, integrity, or conduct of the Governor or Lieutenant-Governor. Wherefore, the Lords of the Committee were humbly of the opinion that the petition ought to be dismissed. This recommendation was approved by the King, and an order was issued by him that the petition be dismissed, as answering the character imputed to it by the Committee. Nor did vengeance stop here. On the second day, after the Committee rose, Franklin was handed a communication from the Postmaster-General, informing him in brief terms that the King had "found it necessary" to dismiss him from the office of Deputy Postmaster-General in America.
In reporting the manner in which he had been affronted by the Privy Council to his Massachusetts constituents, Franklin used language in keeping with the sober spirit in which he had striven from the beginning to bring about an understanding between England and her Colonies.
What I feel on my own account [he said], is half lost in what I feel for the public. When I see, that all petitions and complaints of grievances are so odious to government, that even the mere pipe which conveys them becomes obnoxious, I am at a loss to know how peace and union are to be maintained or restored between the different parts of the empire. Grievances cannot be redressed unless they are known; and they cannot be known but through complaints and petitions. If these are deemed affronts, and the messengers punished as offenders, who will henceforth send petitions? And who will deliver them? It has been thought a dangerous thing in any state to stop up the vent of griefs. Wise governments have therefore generally received petitions with some indulgence, even when but slightly founded. Those, who think themselves injured by their rulers, are sometimes, by a mild and prudent answer, convinced of their error. But where complaining is a crime, hope becomes despair.
His fellow-Americans were not so self-restrained. The American Post Office was shunned by its former patrons, and letters were delivered largely by private agencies, effigies of Wedderburn and Hutchinson were carried about the streets of Philadelphia, and, at night, were burnt, we are told, by Joseph Reed, "with the usual ceremonies, amidst the acclamations of the multitude." "Nothing can exceed," the same narrator adds, "the veneration in which Dr. Franklin is now held, but the detestation we have of his enemies." Wedderburn, who had complained in his speech of the attention paid by the press to the movements of Franklin, as though he were a great diplomatic character, had more occasion than ever to sneer at his public prominence. Hutchinson was compelled to resign his office, and to retire from execration in America to a slender pension and obscurity in England. Even in England, Horace Walpole stayed the pen, to which we are indebted for so many charming letters, long enough to write: