You will see [he said] more of the same Trifling in these Votes in both sides. I am heartily sick of our present Situation; I like neither the Governor's Conduct, nor the Assembly's; and having some Share in the Confidence of both, I have endeavour'd to reconcile 'em but in vain, and between 'em they make me very uneasy. I was chosen last Year in my Absence and was not at the Winter Sitting when the House sent home that Address to the King, which I am afraid was both ill-judg'd and ill-tim'd. If my being able now and then to influence a good Measure did not keep up my Spirits I should be ready to swear never to serve again as an Assembly Man, since both Sides expect more from me than they ought, and blame me sometimes for not doing what I am not able to do, as well as for not preventing what was not in my Power to prevent. The Assembly ride restive; and the Governor tho' he spurs with both heels, at the same time reins in with both hands, so that the Publick Business can never move forward, and he remains like St. George on the Sign, Always a Horseback and never going on. Did you never hear this old Catch?
Their was a mad Man – He had a mad Wife,
And three mad Sons beside;
And they all got upon a mad Horse
And madly they did ride.
Tis a Compendium of our Proceedings and may save you the Trouble of reading them.
In a still later letter to the same correspondent, Franklin asserted that there was no reason for excluding Quakers from the House, since, though unwilling to fight themselves, they had been brought to unite in voting the sums necessary to enable the Province to defend itself. Then, after referring to the defamation, that was being heaped upon him by the Proprietary Party, in the place of the court paid to him when he had exerted himself to secure aids from the House for Braddock and Shirley, he said, "Let me know if you learn that any of their Slanders reach England. I abhor these Altercations and if I did not love the Country and the People would remove immediately into a more quiet Government, Connecticut, where I am also happy enough to have many Friends."
However, there was too much fuel for the fire to die down. The claim of the Proprietaries to exemption from taxation was only the most aggravated result of their efforts, by their instructions to their Governors, to shape the legislation of the Province in accordance with their own personal aims and pecuniary interests instead of in the spirit of the royal charter, which gave to William Penn, and his heirs, and his, or their, deputies or lieutenants, free, full and absolute power, for the good and happy government of Pennsylvania, to make and enact any laws, according to their best discretion, by and with the advice, assent and approbation of the freemen of the said country, or of their delegates or deputies. In the report of the Committee of Aggrievances of the Assembly, drawn by Franklin, the case of the freemen of the Province against the Penns, which led to Franklin's first mission to England, is clearly stated. They are arraigned not only for seeking to exempt the bulk of their estate from the common burden of taxation, but also, apart from this, for stripping, by their instructions, their governors, and thereby the People themselves, of all real discretion in fixing by legislation the measure and manner in which, and the time at which, aids and supplies should be furnished for the defence of the Province. They had even, the report charged, prohibited their governors, by their instructions, from assenting to laws disposing of interest arising from the loan of bills of credit or money raised by excise taxes – forms of revenue to which the Proprietary estate did not contribute at all – unless the laws contained a clause giving their governors the right to negative a particular application of the sums. Another grievance was the issuance by the governor of commissions to provincial judges, to be held during the will and pleasure of the governors instead of during good behavior, as covenanted by William Penn – a practice which gave the Proprietaries control of the judicial as well as the executive Branch of the provincial government.
For a time, after Franklin returned to Pennsylvania in 1762, there was something like peace between the Proprietaries and the people. When a nephew of Thomas Penn was appointed governor, the Assembly accepted him as a family pledge of restored good feeling.
The Assembly [Franklin wrote to Dr. Fothergill] received a Governor of the Proprietary family with open arms, addressed him with sincere expressions of kindness and respect, opened their purses to them, and presented him with six hundred pounds; made a Riot Act and prepared a Militia Bill immediately, at his instance, granted supplies, and did everything that he requested, and promised themselves great happiness under his administration.
And no governor was ever so dependent upon the good will of the Assembly. It was during his administration that the Scotch-Irish inhabitants of the frontier, inflamed by Indian outrages, imbrued their hands in the blood of the Conestoga Indians, and, so far from being intimidated by the public proclamations issued by the Governor for their arrest and punishment, marched to the very threshold of Philadelphia itself with the purpose of destroying the Moravian Indians huddled there in terror of their lives. The whole Province outside of the City of Philadelphia was given over to lawlessness and disorder. In the contagious excitement of the hour, a considerable portion of its population even believed that the Quakers had gained the friendship of the Indians by presents, supplied them secretly with arms and ammunition, and engaged them to fall upon and kill the whites on the Pennsylvania frontier. Under these circumstances, the Governor simply did what Governor Morris and Governor Denny had been compelled to do before him, namely, call in the aid of the man who could in a letter to Peter Collinson truthfully sum up all that there was in the military demonstration which angered Thomas Penn so deeply with the simple utterance, "The People happen to love me." The whole story was told by Franklin to Dr. Fothergill in the letter from which we have just quoted.
More wonders! You know that I don't love the Proprietary and that he does not love me. Our totally different tempers forbid it. You might therefore expect that the late new appointments of one of his family would find me ready for opposition. And yet when his nephew arrived, our Governor, I considered government as government, and paid him all respect, gave him on all occasions my best advice, promoted in the Assembly a ready compliance with everything he proposed or recommended, and when those daring rioters, encouraged by general approbation of the populace, treated his proclamation with contempt, I drew my pen in the cause; wrote a pamphlet (that I have sent you) to render the rioters unpopular; promoted an association to support the authority of the Government and defend the Governor by taking arms, signed it first myself, and was followed by several hundreds, who took arms accordingly. The Governor offered me the command of them, but I chose to carry a musket and strengthen his authority by setting an example of obedience to his order. And would you think it, this proprietary Governor did me the honour, in an alarm, to run to my house at midnight, with his counsellors at his heels, for advice, and made it his head-quarters for some time. And within four and twenty hours, your old friend was a common soldier, a counsellor, a kind of dictator, an ambassador to the country mob, and on his returning home, nobody again. All this has happened in a few weeks.
With the retirement of the backwoodsmen from Philadelphia to their homes, sprang up one of the angriest factional contests that Pennsylvania had ever known. Every malignant passion, political or sectarian, that lurked in the Province was excited into the highest degree of morbid life. The Presbyterians, the Churchmen, even some of the Quakers, acclaimed the Paxton Boys as instruments of a just vengeance, and they constituted a political force, which the Governor was swift to utilize for the purpose of strengthening his party. He dropped all efforts to apprehend the murderers of the Conestoga Indians, granted a private audience to the insurgents, and accused the Assembly of disloyalty, and of encroaching upon the prerogatives of the Crown, only because it had been presumptuous enough to make an appointment to a petty office in a bill tendered to him for his assent. It was during his administration, too, that the claim was made that, even if the Proprietary estate had been subjected to taxation by the Lords in Council, under the terms of one of the amendments, proposed by them, "the best and most valuable," of the Proprietary lands "should be tax'd no higher than the worst and least valuable of the People's."
When the conflict was reopened, the Assembly boldly brought it to an issue. One of its committees, with Franklin at its head, reported a series of resolutions censuring the proprietaries, condemning their rule as too weak to maintain its authority and repress disorder, and petitioning the King to take over the Government of the Province, after such compensation to the Proprietaries as was just. The Assembly then adjourned to sound the temper of their constituents, and their adjournment was the signal for a pamphlet war attended by such a hail of paper pellets as rarely marked any contest so early in the history of the American Colonies. Among the best of them was the pamphlet written by Franklin, and entitled Cool Thoughts on the Present Situation of our Public Affairs, which has already been mentioned, and which denounced in no uncertain terms the "insolent Tribunitial VETO," with which the Proprietaries were in the habit of declaring that nothing should be done, unless their private interests in certain particulars were served.
On May 14, 1764, the Assembly met again, and was soon deeply engaged in a debate as to whether an address should be sent to the King, praying the abolition of the Proprietary Government. Long did the debate last; Joseph Galloway making the principal argument in support of the proposition, and John Dickinson the principal one against it. When the vote was taken, the affirmative prevailed, but, as Isaac Norris, who had been a member of the body for thirty years, and its speaker for fifteen, was about to be bidden by it to sign the address, he stated that, since he did not approve it, and yet would have to sign it as speaker, he hoped that he might have time to draft his objections to it. A short recess ensued, and when the members convened again, Norris sent word that he was too sick to be present, and requested that another person should be chosen as speaker. The choice of the body then fell upon Franklin, who immediately signed the paper.
The next sitting of the Assembly was not to be held until the succeeding October, and before that time the annual election for members of the Assembly was to take place. For the purpose of influencing public opinion, Dickinson, upon its adjournment, published his speech with a long preface by Dr. William Smith. Galloway followed suit by publishing his speech with a long preface by Franklin. This preface is one of Franklin's masterpieces, marked it is true by some quaint conceits and occasional relaxations of energy, but full of power and withering sarcasm. Preceded by such a lengthy and brilliant preface, Galloway must have felt that his speech had little more than the secondary value of an appendix. With the consummate capacity for pellucid statement, which was one of Franklin's most remarkable gifts, it narrated the manner in which the practice of buying legislation from the Proprietaries had been pursued. With equal force and ingenuity, it demonstrated that five out of the six amendments, proposed by the Lords in Council to the Act, approved by Governor Denny, did not justify the charge that the circumstances, in which they originated, involved any real injustice to the Proprietaries, and that the sixth, which forbade the tender to the Proprietaries of paper bills of fluctuating value, in payment of debts payable to them, under the terms of special contracts, in coin, if a measure of justice to them, would be also a measure of justice to other creditors in the same situation, who were not mentioned in the amendment.
Referring to the universal practice in America of making such bills a legal tender and the fact that the bills in question would have been a legal tender as respects the members of the Assembly and their constituents as well as the Proprietaries, Franklin's preface glows like an incandescent furnace in these words:
But if he (the reader) can not on these Considerations, quite excuse the Assembly, what will he think of those Honourable Proprietaries, who when Paper Money was issued in their Colony for the Common Defence of their vast Estates, with those of the People, and who must therefore reap, at least, equal Advantages from those Bills with the People, could nevertheless wish to be exempted from their Share of the unavoidable Disadvantages. Is there upon Earth a Man besides, with any Conception of what is honest, with any Notion of Honor, with the least Tincture in his Veins of the Gentleman, but would have blush'd at the Thought; but would have rejected with Disdain such undue Preference, if it had been offered him? Much less would he have struggled for it, mov'd Heaven and Earth to obtain it, resolv'd to ruin Thousands of his Tenants by a Repeal of the Act, rather than miss of it, and enforce it afterwards by an audaciously wicked Instruction, forbidding Aids to his King, and exposing the Province to Destruction, unless it was complied with. And yet, – these are Honourable Men… Those who study Law and Justice, as a Science [he added in an indignant note] have established it a Maxim in Equity, "Qui sentit commodum, sentire debet et onus." And so consistent is this with the common Sense of Mankind, that even our lowest untaught Coblers and Porters feel the Force of it in their own Maxim, (which they are honest enough never to dispute) "Touch Pot, touch Penny."
Other passages in the Preface were equally scorching. Replying to the charge of the Proprietaries that the Quaker Assembly, out of mere malice, because they had conscientiously quitted the Society of Friends for the Church, were wickedly determined to ruin them by throwing the entire burden of taxation on them, Franklin had this to say:
How foreign these Charges were from the Truth, need not be told to any Man in Pennsylvania. And as the Proprietors knew, that the Hundred Thousand Pounds of paper money, struck for the defence of their enormous Estates, with others, was actually issued, spread thro' the Country, and in the Hands of Thousands of poor People, who had given their Labor for it, how base, cruel, and inhuman it was, to endeavour by a Repeal of the Act, to strike the Money dead in those Hands at one Blow, and reduce it all to Waste Paper, to the utter Confusion of all Trade and Dealings, and the Ruin of Multitudes, merely to avoid paying their own just Tax! – Words may be wanting to express, but Minds will easily conceive, and never without Abhorrence!
But fierce as these attacks were, they were mild in comparison with the shower of stones hurled by Franklin at the Proprietaries in the Preface in one of those lapidary inscriptions which were so common in that age. The prefacer of Dickinson's Speech had inserted in his introduction a lapidary memorial of William Penn made up of tessellated bits of eulogy, extracted from the various addresses of the Assembly itself. This gave Franklin a fine opportunity to retort in a similar mosaic of phrases and to contrast the meanness of the sons with what the Assembly had said of the father.
That these Encomiums on the Father [he said] tho' sincere, have occurr'd so frequently, was owing, however, to two Causes; first, a vain Hope the Assemblies entertain'd, that the Father's Example, and the Honors done his Character, might influence the Conduct of the Sons; secondly, for that in attempting to compliment the Sons on their own Merits, there was always found an extreme Scarcity of Matter. Hence the Father, the honored and honorable Father, was so often repeated, that the Sons themselves grew sick of it; and have been heard to say to each other with Disgust, when told that A, B, and C. were come to wait upon them with Addresses on some public Occasion, "Then I suppose we shall hear more about our Father." So that, let me tell the Prefacer, who perhaps was unacquainted with this Anecdote, that if he hop'd to curry more Favor with the Family, by the Inscription he has fram'd for that great Man's Monument, he may find himself mistaken; for, – there is too much in it of our Father.
If therefore, he would erect a Monument to the Sons, the Votes of Assembly, which are of such Credit with him, will furnish him with ample Materials for his Inscription.
To save him Trouble, I will essay a Sketch for him, in the Lapidary Style, tho' mostly in the Expressions, and everywhere in the Sense and Spirit of the Assembly's Resolves and Messages.
Be this a Memorial
Of T – and R – P – ,
P – of P, —
Who, with Estates immense,
Almost beyond Computation,
When their own Province,
And the whole British Empire
Were engag'd in a bloody and most expensive War,
Begun for the Defence of those Estates,
Could yet meanly desire
To have those very Estates
Totally or Partially
Exempted from Taxation,
While their Fellow-Subjects all around them, Groan'd
Under the Universal Burthen.
To gain this Point,
They refus'd the necessary Laws
For the Defence of their People,
And suffer'd their Colony to welter in its Blood,
Rather than abate in the least
Of these their dishonest Pretensions.
The Privileges granted by their Father
Wisely and benevolently
To encourage the first Settlers of the Province,
They,
Foolishly and cruelly,
Taking Advantage of public Distress,
Have extorted from the Posterity of those Settlers;
And are daily endeavouring to reduce them
To the most abject Slavery:
Tho' to the Virtue and Industry of those People
In improving their Country,
They owe all that they possess and enjoy.
A striking Instance
Of human Depravity and Ingratitude;
And an irrefragable Proof,
That Wisdom and Goodness
Do not descend with an Inheritance;
But that ineffable Meanness
May be connected with unbounded Fortune.
It may well be doubted whether any one had ever been subjected to such overwhelming lapidation as this since the time of the early Christian martyrs.
There are many other deadly thrusts in the Preface, and nowhere else are the issues between the Proprietaries and the People so clearly presented, but the very completeness of the paper renders it too long for further quotation.
Franklin, however, was by no means allowed to walk up and down the field, vainly challenging a champion to come out from the opposing host and contend with him. At his towering front the missiles of the Proprietary Party were mainly directed. Beneath one caricature of him were these lines:
"Fight dog, fight bear! You're all my friends:
By you I shall attain my ends,
For I can never be content
Till I have got the government.
But if from this attempt I fall,
Then let the Devil take you all!"