declaring America or any part of it to be in the King's peace upon submission: for as to the power of enquiring into the state of America, which his lordship mentioned to us, and of conferring and consulting with any persons the commissioners might think proper, and representing the result of such conversation to the ministry, who, provided the colonies would subject themselves, might, after all, or might not at their pleasure, make any alterations in the former instructions to governors, or propose in parliament any amendment of the acts complained of, we apprehended any expectation from the effect of such a power would have been too uncertain and precarious to be relied on by America, had she still continued in her state of dependence. Ordered that the above be published.

Attest,

CHAS. THOMPSON, Secretary.

JOHN HANCOCK, President.

Congress in their manifesto had recommended to those colonies, whose government was not already sufficient, to proceed to the institution of such a form, as was necessary to the preservation of internal peace, and suited to the then exigency of their affairs, for the defence of their lives, liberties, and properties, against the hostile invasions and cruel depredations of their enemies. In conformity to this recommendation a convention was assembled at Philadelphia in July 1776, for the purpose of settling a new form of government for the then State of Pennsylvania. Dr. Franklin was chosen president of this convention. The constitution formed and established at that period for Pennsylvania, was the result of the deliberations of that assembly, and may be considered as a digest of Dr. Franklin's principles of government. The single legislature and the plural executive, appear to have been his favorite tenets.

The virtuous and unfortunate Duke de la Rochefoucault, in his eulogium of Dr. Franklin in 1790, thus remarks on this system of government.

"Franklin alone, disengaging the political machine from those multiplied movements and admired counterpoises that rendered it so complicated, proposed the reducing it to the simplicity of a single legislative body. This grand idea startled the legislators of Pennsylvania; but the philosopher removed the fears of a considerable number, and at length determined the whole to adopt a principle which the national assembly has made the basis of the French constitution."

The same distinguished person adds in a note on this passage, of his printed oration,

"The usual progress of the human mind leads man from the complex to the simple. Observe the works of the first mechanics overloaded with numerous pieces,

some of which embarrass, and others diminish their effect. It has been the same with legislators, both speculative and practical; struck with an abuse, they have endeavored to correct it by institutions that have been productive of still greater abuses. In political economy the unity of the legislative body is the maximum of simplicity. Franklin was the first who dared to put this idea in practice: The respect the Pennsylvanians entertained for him induced them to adopt it; but the other states were terrified at it, and even the constitution of Pennsylvania has since been altered. In Europe this opinion has been more successful. When I had the honor to present to Franklin the translations of the constitutions of America, the minds of people on this side the Atlantic were scarcely better disposed toward it than those on the other side; and if we except Dr. Price in England, and Turgot and Condorcet in France, no man who applied himself to politics agreed in opinion with the American philosopher. I will venture to assert that I was of the small number of those who were struck with the beauty of the simple plan he traced, and that I saw no reason to change my opinion when the National Assembly, led by the voice of those deep-thinking and eloquent orators who discussed that important question, established it as a principle of the French Constitution, that legislation should be confided to a single body of representatives. It will not perhaps be deemed unpardonable to have once mentioned myself, at a time when the honor I have of holding a public character makes it my duty to give an account of my sentiments to my fellow-citizens. France will not relapse into a more complex system, but will assuredly acquire the glory of maintaining that which she has established, and give it a degree of perfection which, by rendering a great nation happy, will attract the eyes and the applauses of all Europe, and, of the whole world."-Vain prediction !

During Dr. Franklin's presidency of the convention he drew up the following protest against the equality of voting in congress; but (as he acknowledged at the time) he was dissuaded from endeavoring to carry it through, from prudential consi derations respecting the necessary union at that critical period, of all the states in confederation.

PROTEST.

"We the representatives of the state of Pennsylvania in full convention met, having duly considered the plan of confederation formed in congress, and submitted to the several states, for their assent or dissent, do hereby declare the dissent of this state to the same for the following reasons, viz.

"Ist. Because the foundation of every confederation intended to be lasting, ought to be laid in justice and equity, no unfair advantage being given to, or taken by, any of the contracting parties.

"2nd. Because it is, in the nature of things, just and equal, that the respective states of the confederacy should be represented in congress, and have votes there in proportion to their importance, arising from their numbers of people, and the share and degree of strength they afford to the united body. And therefore the XVIIth article,' which gives one vote to the smallest state and no more to the largest, when the difference between them may be as ten to one, or greater, is unjust, and injurious to the larger states, since all of them are by other articles obliged to contribute in proportion to their respective abilities.

"3rd. Because the practice hitherto in congress, of allowing only one vote to each colony, was originally taken up under a conviction of its impropriety and injustice, was intended to be in some future time corrected, and was then and since submitted to only as a temporary expedient, to be used in ordinary business, until the means of rectifying the same could be obtained: this clearly appears by the resolve of congress, dated Sept. 6, 1774, being the day of its meeting, which resolve is in these words, That in determining questions in this congress, each colony or province shall have one vote, the congress not being possessed of, or at present able to procure proper materials for ascertaining the importance of each colony.' That importance has since been supposed to be best found in the numbers of the people, for the congress not only by their resolution when the issuing of bills was agreed to, but by this present confederation, have judged that the contribution towards sinking those bills and to the common expence should be in proportion to such numbers when they could be taken, which has not yet been done; and though the larger colonies submitted to this temporary inequality of representation, expecting it would much sooner have been rectified, it never was understood that by the resolution above cited, a power was given to the smaller states to fix that inequality upon them for ever, as those small states have now attempted to do by combining to vote for this 17th article, and thereby to deprive the larger states of their just right, acknowledged in the same resolution. Smaller states having given us in advance, this striking instance of the injustice they are capable of, and of the possible effects of

This since forms part of the 5th article of the confederation as agreed to by all the states, except Maryland, on the 9th July 1778; and finally ratified by the whole union, on the 1st March 1781, (the state of Maryland acceding thereto.)

VOL. I.

2.Q

their combination, is of itself a sufficient reason for our determining not to put ourselves in their power by agreeing to this article, as it stands connected with those concerning the quotas of each state, since being a majority of states in congress, they may by the same means, at any time, deprive the larger states of any share in the disposition of our strength and wealth, and the management of our common in

terests.

ger

"But as the smaller colonies may object, that if the larger are allowed a number of votes in proportion to their importance, the smaller will then be equally in danof being overpowered and governed by them. We, not having the least desire of any influence or power that is unjust or unequal or disproportioned to the burthens we are to bear, do hereby offer our consent to the said 17th article as it now stands, provided the quotas to be contributed by the larger provinces shall be reduced to an equality with the smallest, in which case all by contributing equally will have a right to equal votes. Not that we mean thereby to avoid granting additional aids, when the exigence of our common interests shall appear to us to make them proper and necessary; but, leaving to the congress, with regard to such additional aids, the right of making requisitions as enjoyed by our late kings, we would reserve to ourselves the right of judging of the propriety of these requisitions, or of refusing or complying with them in part, or in the whole, as to us shall seem best, and of modifying our grants with such conditions as we shall judge necessary, in like manner as our assemblies might formerly do with regard to requisitions from the crown for it appears to us just and reasonable, that we should retain the disposition of what strength we have, above the equal proportion contributed as aforesaid by our state to the common service, with every power necessary to apply the same, as occasions may arise, for our particular security; this we mean to do from this time forward, unless we are allowed votes in congress, proportioned to the importance of our state, as was originally intended.

"Signed by order of the Convention."

Though this protest was not acted upon, for the reasons previously assigned by Dr. Franklin, it serves however to show his opinion and arguments in support of a very important question of American legislature, and is an additional feature in his political mind.

American paper money beginning about this time to fall into disrepute, and immediate supplies of arms and ammunition for the use of the army being absolutely necessary, congress turned their attention towards Europe, and to France in par

ticular, for the purpose of obtaining aids in money and military stores, as the only means of resisting the power of Great Britain, and preserving their newly acquired independence.

In the latter end of 1776, a commission was appointed for this object; and Dr. Franklin, though then in his 71st year, was considered, from his talents as a statesman, and reputation as a philosopher, the most suitable person to effect the desired end, and was consequently nominated commissioner plenipotentiary to the court of France in conjunction with Silas Deane and Arthur Lee, Esquires: the former had already been sent to Europe, for the purpose of secretly obtaining and forwarding warlike stores, &c., and the other had been employed by congress as a private and confidential agent in England.

Previous to Dr. Franklin's departure, he conceived it would be advisable, an many accounts, to be the bearer of propositions for peace with Great Britain; and with this view he drew up, and submitted to the secret committee of congress, the following paper.

SKETCH OF PROPOSITIONS FOR A PEACE, 1776.

There shall be a perpetual peace between Great Britain and the United States. of America, on the following conditions.

Great Britain shall renounce and disclaim all pretence of right or authority to govern in any of the United States of America.

To prevent those occasions of misunderstanding which are apt to arise, where the territories of different powers border on each other, through the bad conduct of frontier inhabitants on both sides, Britain shall cede to the United States the provinces or colonies of Quebec, St. John's, Nova Scotia, Bermuda, East and West Florida, and the Bahama Islands, with all their adjoining and intermediate territories now claimed by her.

In return for this cession, the United States shall pay to Great Britain the sum of. sterling, in annual payments, that is to say

annum, for and during the term of . . . . . years.

per

And shall moreover grant a free trade to all British subjects throughout the United States and the ceded colonies, and shall guarantee to Great Britain the possession of her islands in the West Indies.

Motives for proposing a Peace at this time.

1. The having such propositions in charge, will by the law of nations be sonic protection to the commissioners or ambassadors, if they should be taken.