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that as by claiming a right to tax us ad libi- | that the influence supposed could never extum, 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.

tend 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of particular instructions, which he had given surety to observe; and all the laws he assented to were subject to be repealed by the crown if found improper: that the payment of the salaries by the people was more satisfactory to them, as it was productive of a good understanding, and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 same time grant their salaries to be perma- Thus having gone through the whole, I nent 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, as the sentiments of considerate persons who on the contrary, the crown now claimed to wished the welfare of both countries. Supmake the judges in the colonies dependant on pose, said Mr. Barclay, I were to show this its favour for both place and salary, both to be paper to lord Hyde; would there be any thing continued at its pleasure: this the colonies amiss in so doing? He is a very knowing must oppose as inequitable, as putting both man, and though not in the ministry, properthe weights into one of the scales of justice: ly speaking, he is a good deal attended to by if therefore the crown does not choose to them. I have some acquaintance with him, commission the judges during good behaviour, we converse freely sometimes, and perhaps with equally permanent salaries, the alterna-if he and I were to talk these articles over, I tive proposed, that the salaries continue to be paid during the pleasure of the assemblies as heretofore. The gentlemen allowed this article to be reasonable.

The 13th 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:

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

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80 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 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.

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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:

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 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 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.

66

We are, with unfeigned esteem and regard, gentlemen, by order of the congress, “HENRY MIDDLETON, President."

TO THE KING'S MOST EXCELLENT MAJESTY. MOST GRACIOUS SOVEREIGN:

WE, your majesty's faithful subjects of the colonies of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, the counties of Newcastle, Kent, and Sussex on Delaware, Maryland, Virginia,

North Carolina, and South Carolina, in behalf of our deputed us to represent them in general congress, by this our humble petition, beg leave to lay our griev

selves and the inhabitants of those colonies who have

ances before the throne.

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The authority of the commander in chief, and under him, of the brigadiers-general has in time of peace been rendered supreme in all the civil governments in America.

"TO PAUL WENTWORTH, ESQ., DR. BENJA-
MIN FRANKLIN, WILLIAM BOLLEN, ESQ., DR. in North America has, in time of peace, been appointed
ARTHUR LEE, THOMAS LIFE, ESQ., EDMUND
BURKE, ESQ., CHARLES GARTH, Esq.

The commander in chief of all your majesty's forces governor of a colony.

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Philadelphia, October 26, 1774. "GENTLEMEN,-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 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*

The charges of usual offices have been greatly in creased; and new, expensive and oppressive offices have been multiplied.

The judges of admiralty and vice admiralty courts are empowered to receive their salaries and fees from the effects condemned by themselves. The officers of the customs are empowered to break open and enter houses, without the authority of any civil magistrate,

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 plea sure, exercise legislative authority. Humble and reasonable petitions from the represensatives of the people have been fruitless. The agents

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 liberty, and clearly foresee the miseries preparing for us and our posterity, excites emotions in our breasts, which, though we cannot describe, we should not wish to conceal. Feeling as men, and thinking as subjects, in the manner we do, silence would be disloyalty.

By giving this faithful information, we do all in our power to promote the great objects of your royal care, the tranquillity of your government, and the wel fare of your people.

By several acts of parliament, made in the fourth, fifth, sixth, seventh, and eighth years of your majesty's reign, duties are imposed on us, for the purpose of raising a revenue, and the powers of admiralty and viceadmiralty courts are extended beyond their ancient limits, whereby our property is taken from us without our consent, the trial by jury in many civil cases is abolished, enormous forfeitures are incurred for slight offences, vexatious informers are exempted from paying damages, to which they are justly liable, and oppressive security is required from owners before they are allowing and dangerous men, who daringly interposing ed to defend their right.

Both houses of parliament have resolved, that colonists may be tried in England, for offences alleged to have been committed in America, by virtue of a statute passed in the thirty fifth year of Henry the Eighth; and in consequence thereof, attempts have been made to enforce that statute. A statute was passed in the twelfth year of your majesty's reign, directing that persons charged with committing any offence therein described, in any place out of the realm, may be indicted and tried for the same in any shire or county within the realm, whereby inhabitants of these colonies may, in sundry cases by that statute made capital, be depriv. ed of a trial by their peers of the vicinage.

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 design themselves between your royal person and your faith ful subjects, and for several years past incessantly em ployed to dissolve the bonds of society, by abusing your majesty's authority, misrepresenting your American subjects, and prosecuting the most desperate and irritat ing 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 ser vice. Yet so greatly have we been misrepresented, that a necessity has been alleged of taking our property from us without our consent, "to defray the charge of In the last sessions of parliament, an act was passed the administration of justice, the support of civil go for blocking up the harbour of Boston; another, em- vernment, and the defence, protection, and security of powering the governor of the Massachusetts Bay to the colonies." But we beg leave to assure your majes send persons indicted for murder in that province, to ty, that such provision has been and will be made for another colony, or even to Great Britain, for trial; defraying the two first articles, as has been and shali whereby such offenders may escape legal punishment; be judged, by the legislatures of the several colonies, a third, for altering the chartered constitution of go. just and suitable to their respective circumstances: vernment in that province; and a fourth, for extending and for the defence, protection, and security of the co the limits of Quebec, abolishing the English and re-lonies, their militias, if properly regulated, as they earstoring the French laws, whereby great numbers of nestly desire may immediately be done, would be fully British freemen are subjected to the latter, and estab- sufficient, at least in times of peace; and in case of lishing an absolute government, and the Roman Ca- war, your faithful colonists will be ready and willing. tholic religion, throughout those vast regions that as they ever have been when constitutionally requir border on the westerly and northerly boundaries of the ed, to demonstrate their loyalty to your majesty, by free Protestant, English settlements; and a fifth, for exerting their most strenuous efforts in granting sup the better providing suitable quarters for officers and plies and raising forces. Yielding to no British subjects soldiers in his majesty's service in North America. in affectionate attachment to your majesty's person, family, and government, we too dearly prize the privi lege of expressing that attachment by those proofs, that are honourable to the prince who receives them, and to the people who give them, ever to resign it to any body of men upon earth.

To a sovereign, who "glories in the name of Briton," the bare recital of these acts must, we presume, justify the loyal subjects, who fly to the foot of his throne, and implore his clemency for protection against

them.

From this destructive system of colony administration, adopted since the conclusion of the last war, have flowed those distresses, dangers, fears, and jealousies, that overwhelm your majesty's dutiful colonists with affliction; and we defy our most subtle and inveterate enemies, to trace the unhappy differences between Great Britan and these colonies, from an earlier period, or from other causes than we have assigned. Had they proceeded on our part from a restless levity of temper, unjust impulses of ambition, or artful suggestions of seditious persons, we should merit the opprobrious terms frequently bestowed upon us, by those we revere; but so far from promoting innovations, we have only opposed them; and can be charged with no offence, unless it be one, to receive injuries and be sensible of

them.

Had our Creator been pleased to give us existence in a land of slavery, the sense of our condition might have been mitigated by ignorance and habit: but thanks be to his adorable goodness, we were born the heirs of freedom, and ever enjoyed our right under the auspices of your royal ancestors, whose family was seated on the British throne, to rescue and secure a pious and gallant nation from the popery and despotism of a superstitious and inexorable tyrant. Your majes. ty, we are confident, justly rejoices that your title to the crown is thus founded on the title of your people to liberty; and therefore we doubt not but your royal wisdom must approve the sensibility, that teaches your subjects anxiously to guard the blessing they received from Divine Providence, and thereby to prove the performance of that compact, which elevated the illustrious house of Brunswick to the imperial dignity it now possesses.

Had we been permitted to enjoy in quiet the inherit ance 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 Bri tian, we shall always carefully and zealously endea vour 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 disposations, 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 Great Britain for offences alleged to be committed in America-affecting the province of Massachusetts The apprehension of being degraded into a state of Bay; and altering the government and extending the 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 magnanimity 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 apprehen sions 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 crea. tures, we solemnly profess, that our councils have been influenced by no other motive than a dread of impend

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 underinin ing for your glory, which can be advanced only by rendering 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 safety and welfare of your kingdoms and dominions, threat: ened 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 expectation 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.
John Sullivan,

Nath. Folsom.

Massachusetts Bay.
Thomas Cushing,
Samuel Adams,
John Adams,
Rob. Treat Paine.

Rhode Island. Step. Hopkins, Sam. Ward.

Connecticut.

Eleph. Dyer, Roger Sherman, Silas Deane.

New York. Phil. Livingston, John Alsop, Isaac Low, Jas. Duane, John Jay, Wm. Floyd, Henry Wisner, S. Boerum.

New Jersey. Wil. Livingston, John De. Hart, Steph. Crane, Rich. Smith.

Pennsylvania, E. Biddle, J. Galloway, John Dickinson, John Morton, Thomas Mifflin, George Ross, Cha. Humphreys.

Delaware Government,
Cæsar Rodney,
Tho. M'Kean,
Geo. Read.

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.

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 merchants, and begging to know the time, that he might attend "on so important an occasion, 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 con

tinue.

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

"St. Mary Hill, 24th December, 1774.”

The first impression made by the proceed-given to the report? ings of the American congress on people in general, was greatly in our favour. Adminis

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 disposi tions; 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.

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