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British or plantation bottoms, excluding | have any connection with this new acquaintforeign ships from our ports, and navigating with three quarters British seamen, was as acceptable to us as it could be to Britain: that we were even not against regulations of the general commerce by parliament, provided such regulations were bona fide for the benefit of the whole empire, not for the small advantage of one part to the great injury of another, such as the obliging our ships to call in England with our wine and fruit, from Portugal or Spain; the restraints on our manufactures, in the woollen and hat-making branches, the prohibiting of slitting-mills, steel-works, &c. He allowed that some amendment might be made in those acts; but said those relating to the slitting-mills, trip-hammers, and steelworks, were agreed to by our agents in a compromise on the opposition made here to abating the duty.

"On the Thursday preceding this chess party, Mr. David Barclay called on me, to have some discourse concerning the meeting of merchants to petition parliament. When that was over, he spoke of the dangerous situation of American affairs, the hazard that a civil war might be brought on by the present measures, and the great merit that person would have who could contrive some means of preventing so terrible a calamity, and bring about a reconciliation. He was then pleased to add, that he was persuaded, from my knowledge of both countries, my character and influence in one of them, and my abilities in business, no man had it so much in his power as myself. I naturally answered, that I should be very happy if I could in any degree be instrumental in so "In fine, he expressed much satisfaction in good a work, but that I saw no prospect of my having called upon him, and particularly it; for, though I was sure the Americans in the assurances I had given him, that were always willing and ready to agree upon America did not aim at independence; add- any equitable terms, yet I thought an accoming, that he should be glad to see me again modation impracticable, unless both sides as often as might be. I said, I should not wished it; and by what I could judge from fail to avail myself of the permission he was the proceedings of the ministry, I did not bepleased to give me, of waiting upon his lord-lieve they had the least disposition towards ship occasionally, being very sensible of the honour, and of the great advantages and improvement I should reap from his instructive conversation; which indeed was not a mere compliment.

"The new parliament was to meet the 29th of November, (1774.) About the beginning of that month, being at the Royal Society, Mr. Raper, one of our members, told me there was a certain lady who had a desire of playing with me at chess, fancying she could beat me, and had requested him to bring me to her: it was, he said, a lady with whose acquaintance he was sure I should be pleased, a sister of lord Howe's, and he hoped I would not refuse the challenge. I said, I had been long out of practice, but would wait upon the lady when he and she should think fit. He told me where her house was, and would have me call soon and without further introduction, which I undertook to do; but thinking it a little awkward, I postponed it; and on the 30th, meeting him again at the feast of the society election, being the day after the parliament met, he put me in mind of my promise, and that I had not kept it, and would have me name a day, when he said he would call for me and conduct me. I named the Friday following. He called according ly: I went with him, played a few games with the lady, whom I found of very sensible conversation and pleasing behaviour, which induced me to agree most readily to an appointment for another meeting a few days afterwards: though I had not the least apprehension that any political business could

it; that they rather wished to provoke the North American people into an open rebellion, which might justify a military execution, and thereby gratify a grounded malice which I conceived to exist here against the whigs and dissenters of that country. Mr. Barclay apprehended I judged too hardly of the ministers; he was persuaded they were not all of that temper, and he fancied they would be very glad to get out of their present embarrassment on any terms, only saving the honour and dignity of government. He wished, therefore, that I would think of the matter, and he would call again and converse with me further upon it. I said I would do so, as he requested it, but I had no opinion of its answering any purpose. We parted upon this. But two days after I received a letter from him, inclosed in a note from Dr. Fothergill, both which follow.

"YOUNGSBURY, near Ware, 3d 12 mo. 1774. "ESTEEMED FRIEND,-After we parted on Thursday last, I accidentally met our mutual friend Dr. Fothergill, in my way home, and intimated to him the subject of our discourse; in consequence of which, I received from him an invitation to a further conference on this momentous affair, and I intend to be in town to-morrow accordingly, to meet at his house between four and five o'clock; and we unite in the request of thy company. We are neither of us insensible, that the affair is of that magnitude as should almost deter private

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The time thus appointed was the evening of the day on which I was to have my second chess party with the agreeable Mrs. Howe, whom I met accordingly. After playing as long as we liked, we fell into a little chat, partly on a mathematical problem,* and partly about the new parliament then just met, when she said, "And what is to be done with this dispute between Great Britain and the colonies? I hope we are not to have a civil war." They should kiss and be friends, said I; what can they do better? Quarrelling can be of service to neither, but is ruin to both. "I have often said," replied she," that I wished government would employ you to settle the dispute for them; I am sure nobody could do it so well. Do not you think that the thing is practicable?" Undoubtedly, madam, if the parties are disposed to reconciliation; for the two countries have really no clashing interests to differ about. It is rather a matter of punctilio, which two or three reasonable people might settle in half an hour. I thank you for the good opinion you are pleased to express of me; but the ministers will never think of employing me in that good work; they choose rather to abuse me. Ay," said she, "they have behaved shamefully to you. And indeed some of them are now ashamed of it themselves."-I looked upon this as accidental conversation, thought no more of it, and went in the evening to the appointed meeting at Dr. Fothergill's, where I found Mr. Barclay with him.

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The doctor expatiated feelingly on the mischiefs likely to ensue from the present difference, the necessity of accommodating it, and the great merit of being instrumental in so good a work; concluding with some compliments to me; that nobody understood the subject so thoroughly, and had a better head for business of the kind; that it seemed therefore a duty incumbent on me, to do every thing I could to accomplish a reconciliation;

*This lady (which is a little unusual in ladies,) has a good deal of mathematical knowledge. [Note of Dr. Franklin.]

and that as he had with pleasure heard from David Barclay, that I had promised to think of it, he hoped I had put pen to paper, and formed some plan for consideration, and brought it with me. I answered, that I had formed no plan; as the more I thought of the proceedings against the colonies, the more satisfied I was that there did not exist the modation; that therefore all plans must be least disposition in the ministry to an accomuseless. He said, I might be mistaken; that whatever was the violence of some, he had differently disposed; and that if I would draw reason, good reason, to believe others were a plan which we three upon considering should judge reasonable, it might be made use of, and answer some good purpose, since he believed that either himself or David Barclay could get it communicated to some of the most moderate among the ministers, who would consider it with attention; and what appeared reasonable to us, two of us being Englishmen, might appear so to them. As they both urged this with great earnestness, and when I mentioned the impropriety of my doing any thing of the kind at the time we were in daily expectation of hearing from the congress, who undoubtedly would be explicit on the means of restoring a good understanding, they seemed impatient, alleging that it was uncertain when we should receive the result of the congress, and what it would be; that the least delay might be dangerous; that additional punishments for New England were in contemplation, and accidents might widen the breach, and make it irreparable; therefore, something preventive could not be too soon thought of and applied. I was, therefore, finally prevailed with to promise doing what they desired, and to meet them again on Tuesday evening at the same place, and bring with me something for their consideration.

Accordingly, at the time, I met with them, and produced the following paper:

HINTS FOR CONVERSATION

Upon the subject of terms that might probably produce a durable union between Britain and the colonies.

1. The tea destroyed to be paid for.

2. The tea-duty act to be repealed, and all the duties that have been received upon it to be repaid into the treasuries of the several provinces from which they have been collected.

3. The acts of navigation to be all re-enacted in the colonies.

4. A naval officer appointed by the crown to reside in each colony, to see that those acts are observed.

5. All the acts restraining manufactures in the colonies, to be repealed.

6. All duties arising on the acts for reguOn the first, I observed, that when the inlating trade with the colonies, to be for the jury was done, Britain had a right to reparapublic use of the respective colonies, and paid tion, and would certainly have had it on deinto their treasuries. The collectors and cus-mand, as was the case when injury was done tom-house officers to be appointed by each by mobs in the time of the stamp act: or, she governor, and not sent from England. night have a right to return an equal injury, 7. In consideration of the Americans main-if she rather chose to do that; but she coulá taining their own peace establishment, and not have a right both to reparation and to the monopoly Britain is to have of their com- return an equal injury, much less had she a merce, no requisition to be made from them right to return the injury ten or twenty fold, in time of peace. as she had done by blocking up the port of Boston: all which extra injury ought, in my judgment, to be repaired by Britain: that, therefore, if paying for the tea was agreed to by me, as an article fit to be proposed, it was merely from a desire of peace, and in compli

8. No troops to enter and quarter in any colony, but with the consent of its legisla

ture.

9. In time of war, on requisition made by the king, with the consent of parliament, every colony shall raise money by the follow-ance with their opinion expressed at our first ing rules or proportions, viz. If Britain, on account of the war, raises 3s. in the pound to its land tax, then the colonies to add to their last general provincial peace tax, a sum equal to one fourth thereof; and if Britain, on the same account pays 4s. in the pound, then the colonies to add to their said last peace tax, a sum equal to half thereof; which additional tax is to be granted to his majesty, and to be employed in raising and paying men for land or sea service, furnishing provisions, transports, or for such other purposes as the king shall require and direct: and though no colony may contribute less, each may add as much by voluntary grant as they shall think

meeting, that this was a sine qua non, that the dignity of Britain required it, and that if this were agreed to, every thing else would be easy: this reasoning was allowed to be just; but still the article was thought necessary to stand as it did.

-proper.

10. Castle William to be restored to the province of the Massachusetts Bay, and no fortress built by the crown in any province, but with the consent of its legislature.

11. The late Massachusetts and Quebec acts to be repealed, and a free government granted to Canada.

12. All judges to be appointed during good behaviour, with equally permanent salaries, to be paid out of the province revenues by ap pointment of the assemblies: or, if the judges are to be appointed during the pleasure of the crown, let the salaries be during the pleasure of the assemblies, as heretofore.

On the 2d, That the act should be repealed, as having never answered any good purpose, as having been the cause of the present mischief, and never likely to be executed. That the act being considered as unconstitutional by the Americans, and what the parliament had no right to make, they must consider all the money extorted by it as so much wrongfully taken, and of which therefore restitution ought to be made; and the rather as it would furnish a fund, out of which the payment for the tea destroyed might best be defrayed. The gentlemen were of opinion, that the first part of this article, viz: the repeal, might be obtained, but not the refunding part, and therefore advised striking that out: but as I thought it just and right, I insisted on its standing.

On the 3d and 4th articles, I observed, we were frequently charged with views of abolishing the navigation act. That, in truth, those parts of it which were of most importance to Britain, as tending to increase its naval strength, viz. those restraining the trade, to be carried on only in ships belonging to British subjects, navigated by at least three 14. If Britain will give up its monopoly of quarters British or colony seamen, &c., were the American commerce, then the aid above-as acceptable to us as they could be to Britain, mentioned to be given by America in time of peace, as well as in time of war.

13. Governors to be supported by the assemblies of each province.

15. The extension of the act of Henry VIII. concerning treasons to the colonies, to be formally disowned by parliament.

since we wished to employ our own ships in preference to foreigners, and had no desire to see foreign ships enter our ports. That indeed the obliging us to land some of our commodities in England before we could carry them to foreign markets, and forbidding our importation of some goods directly from fo

16. The American admiralty-courts reduced to the same powers they have in England, and the acts establishing them to be re-reign countries, we thought a hardship, and a enacted in America.

17. All powers of internal legislation in the colonies to be disclaimed by parliament. In reading this paper a second time, I gave my reasons at length for each article

greater loss to us than gain to Britain, and therefore proper to be repealed: but as Britain had deemed it an equivalent for her protection, we had never applied or proposed to apply for such repeal; and if they must be con

tinued, I thought it best (since the power of in commerce, since all we could spare was parliament to make them was now disputed) already gained from us by Britain in that that they should be re-enacted in all the colo- way; and secondly, that coming into the nies, which would demonstrate their consent hands of British ministers, accustomed to proto them and then if, as in the sixth article, digality of public money, it would be squanall the duties arising on them were to be col-dered and dissipated, answering no good ge lected by officers appointed and salaried in the respective governments, and the produce paid into their treasuries, I was sure the acts would be better and more faithfully executed, and at much less expense, and one great source of misunderstanding removed between the two countries, viz. the calumnies of low officers appointed from home, who were for ever abusing the people of the country to government, to magnify their own zeal, and recommend themselves to promotion. That the extension of the admiralty jurisdiction, so much complained of, would then no longer be necessary; and that besides its being the interest of the colonies to execute those acts, which is the best security, government might be satisfied of its being done, from accounts to be sent home by the naval officers of the 4th article. The gentlemen were satisfied with these reasons, and approved the 3d and 4th articles; so they were to stand.

neral purpose. That if we were to be taxed towards the support of government in Britain, as Scotland has been since the union, we ought then to be allowed the same privileges in trade as she has been allowed. That if we are called upon to give to the sinking fund or the national debt, Ireland ought to be likewise called upon; and both they and we, if we gave, ought to have some means established of inquiring into the application, and securing a compliance with the terms on which we should grant. That British ministers would, perhaps, not like our meddling with such matters; and that hence might arise new causes of misunderstanding. That upon the whole, therefore, I thought it best on all sides, that no aids shall be asked or expected from the colonies in time of peace; that it would then be their interest to grant bountifully, and exert themselves vigorously in time of war, the sooner to put an end to it. That specie was not to be had to send to England, in sup

their own paper money; which would pay troops, and for provisions, transports, carriages, clothing, arms, &c. So this 7th article was at length agreed to without further objec tion.

The 5th they apprehended would meet with difficulty. They said, that restraining manu-plies, but the colonies could carry on war with factures in the colonies was a favourite idea here; and therefore they wished that article to be omitted, as the proposing it would alarm and hinder, perhaps, the considering and granting others of more importance: but as I insisted on the equity of allowing all subjects in every country to make the most of their natural advantages, they desired I would at least alter the last word from repealed to reconsidered, which I complied with.

In maintaining the 7th article, (which was at first objected to, on the principle that all under the care of government should pay towards the support of it,) my reasons were, that if every distinct part of the king's dominions supported its own government in time of peace, it was all that could justly be required of it; that all the old or confederated colonies had done so from their beginning; that their taxes for that purpose were very considerable; that new countries had many public expenses which old ones were free from, the works being done to their hands by their ancestors, such as making roads and bridges, erecting churches, court-houses, forts, quays, and other public buildings, founding schools and places of education, hospitals and alms-houses, &c. &c.; that the voluntary and legal subscriptions and taxes for such purposes, taken together, amounted to more than was paid by equal estates in Britain. That it would be best for Britain, on two accounts, not to take money from us as contribution to its public expense, in time of peace; first, for that just so much less would be got from us

The 8th, the gentlemen were confident would never be granted. For the whole world would be of opinion that the king, who is to defend all parts of his dominions, should have, of course, a right to place his troops where they might best answer that purpose. I supported the article upon principles equally important in my opinion to Britain as to the colonies: for that if the king could bring into one part of his dominions, troops raised in any other part of them, without the consent of the legislatures of the part to which they were brought, he might bring armies raised in America into England without consent of par liament, which probably would not like it, as a few years since they had not liked the introduction of the Hessians and Hanoverians, though justified by the supposition of its being a time of danger. That if there should be at any time real occasion for British troops in America, there was no doubt of obtaining the consent of the assemblies there; and I was so far from being willing to drop this article, that I thought I ought to add another, requir ing all the present troops to be withdrawn, before America could be expected to treat or agree upon any terms of accommodation; as what they should now do of that kind might be deemed the effect of compulsion, the ap pearance of which, ought as much as possible

to be avoided, since those reasonable things might be agreed to, where the parties seemed at least to act freely, which would be strongly refused under threats, or the semblance of force. That the withdrawing the troops was therefore necessary to make any treaty durably binding on the part of the Americans, since proof of having acted under force, would invalidate any agreement: and it could be no wonder that we should insist on the crown's having no right to bring a standing army among us in time of peace; when we saw now before our eyes a striking instance of the ill use to be made of it, viz. to distress the king's subjects in different parts of his dominions, one part after the other, into a submission to arbitrary power, which was the avowed design of the army and fleet now placed at Boston.-Finding me obstinate, the gentlemen consented to let this stand, but did not seem quite to approve of it: they wished, they said, to have this a paper or plan, that they might show as containing the sentiments of considerate impartial persons, and such as they might as Englishmen support, which they thought could not well be the case with this article.

The 9th article was so drawn, in compliance with an idea of Dr. Fothergill's, started at our first meeting, viz. that government here would probably not be satisfied with the promise of voluntary grants in time of war from the assemblies, of which the quantity must be uncertain; that, therefore, it would be best to proportion them in some way to the shillings in the pound raised in England; but how such proportion could be ascertained, he was at a loss to contrive; I was desired to consider it. It had been said, too, that parliament was become jealous of the right claimed and heretofore used by the crown, of raising money in the colonies without parliamentary consent; and therefore, since we would not pay parliamentary taxes, future requisitions must be made with consent of parliament, and not otherwise. I wondered that the crown should be willing to give up that separate right, but had no objection to its limiting itself, if it thought proper: so I drew the article accordingly, and contrived to proportion the aid by the tax of the last year of peace. And since it was thought that the method I should have liked best, would never be agreed to, viz. a continental congress to be called by the crown, for answering requisitions and proportioning aids; I chose to leave room for voluntary additions by the separate assemblies, that the crown might have some motive for calling them together, and cultivating their good will, and they have some satisfaction in showing their loyalty and their zeal in the common cause, and an opportunity of manifesting their disapprobation of a war, if they did not think it a just one. This article

therefore met with no objection from them; and I had another reason for liking it, viz. that the view of the proportion to be given in time of war, might make us the more frugal in time of peace.

For the 10th article, I urged the injustice of seizing that fortress, (which had been built at an immense charge by the province, for the defence of their port against national enemies,) and turning it into a citadel for awing the town, restraining their trade, blocking up their port, and depriving them of their privileges: that a great deal had been said of their injustice in destroying the tea, but here was a much greater injustice uncompensated, that castle having cost the province three hundred thousand pounds: and that such a use made of a fortress they had built, would not only effectually discourage every colony from ever building another, and thereby leave them more exposed to foreign enemies, but was a good reason for their insisting that the crown should never erect any hereafter in their limits without the consent of the legislature: the gentlemen had not much to say against this article; but thought it would hardly be admitted.

The 11th article it was thought would be strongly objected to; that it would be urged the old colonists could have nothing to do with the affairs of Canada, whatever we had with those of the Massachusetts; that it would be considered as an officious meddling merely to disturb government; and that some even of the Massachusetts acts were thought by administration to be improvements of that government, viz. those altering the appointment of counsellors, the choice of jurymen, and the forbidding of town meetings. I replied, that we having assisted in the conquest of Canada, at a great expense of blood and treasure, had some right to be considered in the settlement of it: that the establishing an arbitrary government on the back of our settlements might be dangerous to us all; and that loving liberty ourselves, we wished it to be extended among mankind, and to have no foundation for future slavery laid in America. That as to amending the Massachusetts government, though it might be shown that every one of these pretended amendments were real mischiefs, yet that charters being compacts between two parties, the king and the people, no alteration could be made in them, even for the better, but by the consent of both parties. That the parliament's claim and exercise of a power to alter our charters, which had always been deemed inviolable but for forfeiture, and to alter laws made in pursuance of these charters which had received the royal approbation, and thenceforth deemed fixed and unchangeable, but by the powers that made them, had rendered all our constitutions uncertain, and set us quite afloat:

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