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 behavior, the assemblies would at the same time grant their salaries to be permanent during their continuance in office. This the crown has however constantly refused: and this equitable offer is now again here proposed; the colonies not being able to conceive why their judges should not be rendered as independent as those in England: that, on the contrary, the crown now claimed to make the judges in the colonies dependant on its favor for both place and salary, both to be continued at its pleasure: this the colonies must oppose as inequitable, as putting both the weights into one of the scales of justice: if therefore the crown does not chuse to commission the judges during good behavior, with equally permanent salaries, the alternative proposed, that the salaries continue to be paid during the pleasure of the assemblies as heretofore. The gentlemen allowed this article to be reasonable.

The 18th was objected to, as nothing was generally thought more reasonable here, than that the king should pay his own governor, in order to render him independent of the people, who otherwise might aim at influencing him against his duty, by occasionally withholding his salary. To this I answered, that governors sent to the colonies were often men of no estate or principle, who came merely to make fortunes, and had no natural regard for the country they were to govern: that to make them quite independent of the people, was to make

them careless of their conduct, whether it was beneficial or mischievous to the public, and giving a loose to their rapacious and oppressive dispositions: that the influence supposed could never extend to operate any thing prejudicial to the king's service, or the interest of Britain: since the governor was bound by a set of particular instructions, which he had given surety to observe; and all the laws he assented to were subject to be repealed by the crown if found improper: that the payment of the salaries by the people was more satisfactory to them, as it was productive of a good understanding, and mutual good offices between governor and governed, and therefore the innovation lately made in that respect at Boston and New York had in my opinion better be laid aside:.....so this article was suffered to remain.

But the 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.

Thus having gone through the whole, I was desired to make a fair copy for Dr. Fothergill, who now informed us, that having an opportunity of seeing daily lord Dartmouth, of whose good disposition he had a high opinion, he would communicate the paper to him, as the sentiments of considerate persons who wished the welfare of both countries. Suppose, said Mr. Barclay, I were to show this paper to lord Hyde; would there be any thing amiss in so doing? He is a very knowing man, and though not in the ministry, properly speaking, he is a good deal attended to by them. I have some acquaintance with him, we converse freely sometimes, and perhaps if he and I were to talk these articles over, I should communicate to him our conversation upon them, some good

might arise out of it. Dr. Fothergill had no objection; and I said I could have none. I knew lord Hyde a little, and had an esteem for him. I had drawn the paper at their request, and it was now theirs to do with it what they pleased. Mr. Barclay then proposed, that I should send the fair copy to him, which after making one for Dr. Fothergill and one for himself, he would return to me. Another question then arose, whether I had any objection to their mentioning that I had been consulted? I said, none that related to myself; but it was my opinion, if they wished any attention paid to the propositions, it would be better not to mention me; the ministry having, as I conceived, a prejudice against me and every thing that came from me. They said on that consideration it might be best not to mention me, and so it was concluded. For my own part, I kept this whole proceeding a profound secret; but I soon after discovered that it had taken air by some means or other.

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

D. Barclay presents his respects, and acquaints Dr. Franklin, that being informed a pamphlet, entitled "A FRIENDLY ADDRESS," has been dispersed to the disadvantage of America, (in particular by the dean of Norwich) he desires Dr. Franklin will peruse the inclosed, just come to hand from America; and if he appproves of it, republish it, as D. Barclay wishes something might be properly spread at Norwich. D. Barclay saw to-day a person with whom be 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 sonie light.

Cheapside, 11th inst.

The person so met and accompanied by Mr. Barclay, I understood to be lord Hyde, going either to lord Dartmouth's or lord North's, I knew not which.

In the following week arrived the proceedings of the congress, which had been long and anxiously expected, both by the friends and adversaries of America.

The petition of congress to the king, was inclosed to me, and accompanied by the following letter from their president, addressed to the American agents in London, as follows:

TO PAUL WENTWORTH, ESQ., DR. BENJAMIN FRANKLIN, WILLIAM BOLLEN, ESQ., DR. ARTHUR LEE, THOMAS LIFE, ESQ., EDMUND BURKE, ESQ., CHARLES GARTH, Esq.

GENTLEMEN,

Philadelphia, October 26, 1774.

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 carnest desire, that the most effectual care be taken, as early as possible, to furnish the trading cities and manufacturing towns throughout the united kingdom, with our memorial to the people of Great Britain.

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

The gratitude of America, expressed in the inclosed vote of thanks," we desire may be conveyed to the deserving ob

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

jects 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 May next, at this place; but in the mean time we beg the favor of you, gentlemen, to transmit to the speakers of the several assemblies, the earliest information of the most authentic accounts you can collect, of all such conduct and designs of ministry or parliament, as it may concern America to know.

We are with unfeigned esteem and regard, gentlemen, 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 Hamp shire, 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 ourselves and the inhabitants of those colonies who have deputed us to represent them in general congress, by this our humble petition, beg leave to lay our grievances before the throne.

A standing army has been kept in these colonies, ever since the conclusion of the late war, without the consent of our assemblies: and this army with a considerable naval armament has been employed to enforce the collection of taxes.

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.

The commander in chief of all your majesty's forces in North America has, in time of peace, been appointed governor of a colony.

The charges of usual offices have been greatly increased; 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.

of their most grateful acknowlegements, to those truly noble, honorable, and patriotic advocates of civil and religious liberty, who had so generously and powerfully, though unsuccessfully, espoused and defended the cause of America, both in and out of parliament.