The judicial character of Sir Matthew Hale was without reproach. His

profound knowledge of the law rendered him an object of universal

respect to the profession; whilst his patience, conciliatory manners,

and rigid impartiality engaged the good opinion of all classes of men.

As a proof of this, it is said that as he successively removed from the

Court of Common Pleas to the Exchequer, and from thence to the King’s

Bench, the mass of business always followed him; so that the court in

which he presided was constantly the favourite one with counsel,

attorneys, and parties. Perhaps indeed no judge has ever been so

generally and unobjectionably popular. His address was copious and

impressive, but at times slow and embarrassed: Baxter says “he was a man

of no quick utterance, and often hesitant; but spake with great reason.”

This account of his mode of speaking is confirmed by Roger North, who

adds, however, that “his stop for a word by the produce always paid for

the delay; and on some occasions he would utter sentences heroic.” His

reputation as a legal and constitutional writer is in no degree inferior

to his character as a judge. From the time it was published to the

present day, his history of the Pleas of the Crown has always been

considered as a book of the highest authority, and is referred to in

courts of justice with as great confidence and respect as the formal

records of judicial opinions. His Treatises on the Jurisdiction of the

Lords’ House of Parliament, and on Maritime Law, which were first

published by Mr. Hargrave more than a century after Sir Matthew Hale’s

death, are works of first-rate excellence as legal arguments, and are

invaluable as repositories of the learning of centuries, which the

industry and research of the author had collected.

After his retirement from public life, he wrote his great work called

‘The primitive Origination of Mankind, considered and examined according

to the light of nature.’ Various opinions have been formed upon the

merits of this treatise. Roger North depreciates the substance of the

book, but commends its style; while Bishop Burnet and Dr. Birch greatly

praise its learning and force of reasoning.

Sir Matthew Hale was twice married. By his first wife, who was a

daughter of Sir Henry Moore of Faley in Berkshire, he had ten children,

most of whom turned out ill. His second wife, according to Roger North,

was “his own servant maid;” and Baxter says, “some made it a scandal,

but his wisdom chose it for his convenience, that in his age he married

a woman of no estate, to be to him as a nurse.” Hale gives her a high

character in his will, as “a most dutiful, faithful, and loving wife,”

making her one of his executors, and intrusting her with the education

of his grand-children. He bequeathed his collection of manuscripts,

which he says had cost him much industry and expense, to the Society of

Lincoln’s Inn, in whose library they are carefully preserved.

The published biographies of Hale are extremely imperfect, none of them

containing a particular account of his personal history and character.

Bishop Burnet’s Life is the most generally known, and, though far too

panegyrical and partial, is perhaps the most complete; it has been

closely followed by most of his subsequent biographers. In Baxter’s

Appendix to the Life of Hale, and in his account of his own Life, the

reader will find some interesting details respecting his domestic and

personal habits; and Roger North’s Life of Lord Guilford contains many

amusing, though ill-natured and sarcastic anecdotes of this admirable

judge.

[Illustration: View of Alderley Church.]

[Illustration:

_Engraved by J. Thomson._

FRANKLIN.

_From an original Picture by J. A. Duplesis in the possession of M.

Barnet

Consul General for the United States of America at Paris._

Under the Superintendance of the Society for the Diffusion of Useful

Knowledge.

_London, Published by Charles Knight, Ludgate Street, & Pall Mall

East._

]

[Illustration]

FRANKLIN.

Benjamin Franklin was born at Boston in New England, January 6, 1706.

His father was a non-conformist, who had emigrated in 1682, and followed

the trade of a tallow-chandler. Benjamin was one of the youngest of

fourteen children, and, being intended for the ministry, was sent for a

year to the Boston Grammar School; after which, poverty compelled his

father to remove him, at ten years old, to assist in his business. The

boy disliked this occupation so much, that he was bound apprentice to an

elder brother, who was just established at Boston as a printer. Though

but twelve years of age, he soon learnt all his brother could teach him;

but the harsh treatment he met with, which he says first inspired him

with a hatred for tyranny, made him resolve to emancipate himself on the

first opportunity. All his leisure time was spent in reading; and having

exhausted his small stock of books, he resorted to a singular expedient

to supply himself with more. Having been attracted by a treatise on the

advantages of a vegetable diet, he determined to adopt it, and offered

to provide for himself, on condition of receiving half the weekly sum

expended on his board. His brother willingly consented; and by living

entirely on vegetables he contrived to save half his pittance to gratify

his voracious appetite for reading. He continued the practice for

several years, and attributes to it his habitual temperance and

indifference to the delicacies of the table.

Some time before this the elder Franklin had set up a newspaper, the

second ever published in America, which eventually gave Benjamin a

pretext for breaking through the trammels of his apprenticeship. In

consequence of some remarks which gave offence to the provincial

authorities, the former was imprisoned under a warrant from the Speaker

of the Assembly; and his discharge was accompanied with an order, that

“James Franklin should no longer print the New England Courant.” In this

dilemma the brothers agreed that it should be printed for the future in

Benjamin’s name; and to avoid the censure that might fall on the elder

as printing it by his apprentice, the old indenture was cancelled, and a

new one signed which was to be kept secret; but fresh disputes arising,

Benjamin took advantage of the transaction to assert his freedom,

presuming that his brother would not dare to produce the secret

articles. Expostulation was vain; but the brother took care to spread

such reports as prevented him from getting employment at Boston. He

determined therefore to go elsewhere; and, having sold his books to

raise a little money, he set off without the knowledge of his friends,

and wandered by way of New York to Philadelphia, where he found himself

at seventeen with a single dollar in his pocket, friendless and unknown.

He succeeded, however, at last in procuring employment with a printer of

the name of Keimer, with whom he remained seven months. By some accident

he was thrown in the way of the Governor, Sir William Keith, who

promised to be of service to him in his business, if he could persuade

his father to establish him in Philadelphia. His father, however,

refused to advance any money, thinking him too young to be established

in a concern of his own. He therefore once more engaged himself with

Keimer, and remained with him a year and a half.

The favour of the Governor, who promised him introductions and a letter

of credit, led Franklin to undertake a voyage to England, with a view of

improving himself in his trade, and procuring a set of types. But he was

severely disappointed, when, at the end of the voyage, upon applying to

the Captain who carried the Governor’s despatches, he learnt that there

were no letters for him, and that Governor Keith was one of that large

class of persons who are more ready to excite expectations than to

fulfil them. He soon however got employment, and, with frugality,

contrived to maintain both himself and his friend Ralph, who had

accompanied him to England on a literary speculation, which, after many

failures in verse and prose, procured him at last a nook in the Dunciad,

and a pension from the Prince of Wales, whose cause he had espoused in

print against George II.

During his voyage he attracted the notice of a merchant named Denham,

who, again meeting him in London, became fond of him, and engaged his

services as a clerk. After remaining a year and a half in London, he

returned with Mr. Denham to Philadelphia. During this voyage he drew up

a scheme for self-examination, and several prudent rules for the

guidance of his future conduct, to which he steadily adhered through

life. Indeed the remarkable success of most of his undertakings may be

traced in a great measure to this faculty of profiting early by the

lessons of experience, and abiding rigorously by a resolution once made.

He had scarcely returned half a year when his patron died, leaving him

again on the world at the age of twenty-one. But he had now acquired so

much skill in his business, that he was gladly received at advanced

wages into Keimer’s printing-house.

About this time he set on foot a club, called “The Junto,” consisting of

twelve persons of his own age, most of whom proved eminent men in

after-life. This association had much influence on his fortunes,

particularly when, having quarrelled with Keimer, he was induced to

establish himself in partnership with a fellow-journeyman named

Meredith, and needed both interest and money. By 1729 he had saved

enough to buy out his partner, and make himself sole proprietor of the

printing-house. In the following year he married a young woman named

Reade, to whom he had been attached before he went to England.

In 1732 he began to publish ‘Poor Richard’s Almanack.’ It was

interspersed with many prudential maxims, which were printed with

additions, in a collected form, in 1757, and have been translated into

many languages. The annual sale of this Almanack reached 10,000 copies,

and, as it was continued for twenty-five years, was very profitable to

the author.

In 1736 he was appointed Clerk to the Assembly of Pennsylvania, and

obtained their printing. The next year he was made Deputy Postmaster,

and introduced so many judicious reforms into his department, that it

began to bring in a considerable revenue, though up to that time it had

before barely paid its own expenses. He also carried into effect many

improvements at Philadelphia, as his credit with his fellow-townsmen

increased; invariably taking care to introduce them as “the idea of a

few friends,” or “the plan of some public spirited persons,” thus

avoiding the odium which attaches to the corrector of abuses, and

eventually securing the credit of having made useful suggestions. In

these schemes he was well seconded by the “Junto.” Some of them

were—Institutions for watching, paving, and lighting the city; the Union

Fire Company, still, we believe, in useful operation; a Philosophical

Society; an Academy for Education, now grown up into the University of

Pennsylvania; and the City Hospital. But many of these improvements were

brought forward at a later period; for until 1748, when he took a

partner, his time was almost exclusively occupied in his

printing-office.

Being now, comparatively, a man of leisure, he devoted more attention to

philosophical pursuits and to public business, for which his

fellow-citizens began to find his habits and talents exceedingly well

suited. He became, in succession, magistrate, alderman, and member of

the Assembly; and nothing of importance was transacted without his

assistance or advice.

The first public mission in which he was engaged, was to a tribe of

Indians in 1750, which was successful. In 1753 he was appointed

Postmaster-General, with a salary of £300 a year.

The next year he produced a plan for the union of the American

Provinces, for mutual defence against an apprehended invasion by the

French from the Canada frontier. This seems to have been the first time

that such an idea was broached; and, as he was fond of saying, like all

good motions it was kept alive, though not carried into effect at the

time.

Pennsylvania was then ruled by an Assembly elected annually, and a

Governor appointed by the descendants of William Penn, who resided in

England, and were the feudal lords of the soil. This anomalous kind of

government naturally led to misunderstandings, which were among the

causes that mainly contributed to alienate the affections of the

provinces from the mother country. The Proprietaries, as they were

called, laid claim to immunity from taxation, upon grounds which the

Assembly refused to admit; and the Governor and his officers taking part

with the Proprietaries, to whom they were indebted for their

appointments, a controversy grew up, which was never entirely disposed

of while the connexion with Great Britain subsisted. In this dispute

Franklin took an active share, and sided with the opposition, rejecting

frequent overtures from the government; with which, however, he

continued to keep on good terms, never losing sight of the duty of a

citizen, in supporting the authority of the laws, and defending the

state against its foreign and domestic enemies by his writings and

example. In following this course on various occasions, especially that

of the French invasion from Canada, he not only warmly exerted himself

in person, but advanced a good deal of money, which, to the disgrace of

the British Government, was never wholly repaid.

In 1757 he was appointed to manage the controversy with the

Proprietaries in England. Thither he accordingly repaired after some

vexatious delays, and proceeded in the object of his mission with his

accustomed energy; and though he met with many obstacles, his efforts

were at length successful, and the Penns gave up their claim to be

exempt from contributing to the burdens of the state. But they still

held the power of appointing the Governor, which the Province wished to

be transferred to the Crown, and the dispute was afterwards renewed. The

conduct of Franklin in this affair gained him so much credit in America,

that he received the additional appointments of Agent for Maryland,

Massachusetts, and Georgia, each of which provinces had grievances of

its own requiring redress.

During this absence in England, Franklin was presented by the

Universities of St. Andrew’s and Oxford with the degree of D.C.L., and

took his place as Fellow of the Royal Society, which honour, with many

similar distinctions, had been conferred upon him some years before for

his discoveries in electricity. The chief of these were, the identity of

electricity with lightning, and the mode of protecting buildings by

pointed metallic conductors. The simplification which he effected in the

theory of electricity, by showing how all the phenomena are explicable

by the hypothesis of a single electric fluid, forms a remarkable example

of philosophical generalization, and a lasting monument of its author’s

genius[3]. He was also consulted on American affairs by Lord Chatham,

who, by his advice, as it is believed, withdrew a part of the British

force then acting with the King of Prussia, and directed it with so much

secrecy and success against Canada, that the French had no intelligence

of the danger of the province till they heard of its irretrievable loss.

Footnote 3:

See the Library of Useful Knowledge—Treatise on Electricity, § 48, &c.

In the summer of 1762 he returned to Philadelphia, where he received

public thanks, and a grant of £5000 for his services. His popularity was

such, that he had been re-elected annually to the Assembly, and he

immediately resumed the active part which he had formerly taken in its

proceedings.

Among other projects for reform, that relating to the appointment of

Governor, which the Proprietaries seem to have exercised with very

little regard to the public interest, gave rise to much stormy

discussion during the next two years. Franklin’s share in it procured

him many enemies, who succeeded in preventing his election in 1764. Yet,

a strong petition to the Crown on the subject having been disregarded,

he was a second time appointed agent for enforcing the views of the

Assembly upon the authorities in England. When there, he by no means

limited his exertions to this narrow point: minor dissensions were now

merging in the final struggle for national independence, to which the

passing of the Grenville Stamp Act in 1763 gave the immediate impulse.

Franklin reprobated this tax as arbitrary and illegal, when it was first

reported to the Assembly; and his writings in the papers against it with

his examination in Parliament, are thought to have contributed much to

its repeal under the Rockingham administration, in 1766.

In this and the three next years he paid several visits to the

Continent, where he was received with much distinction. He began already

to record his observations upon the part the different powers would be

likely to take in case of a rupture between England and her colonies: an

event which a thorough knowledge of the temper of both led him, even

thus early, to contemplate as by no means improbable. The closure of the

port of Boston in 1773, and the quartering of troops in the town, filled

up the measure of discontent. Franklin was then agent for three

provinces besides Pennsylvania; and their remonstrances, which he lost

no opportunity of forcing on the attention of the English public as well

as the Government, found in him a most efficient supporter. At length,

finding all his efforts to bring about a reconciliation entirely

fruitless, and having met with much misconstruction and personal

indignity at the hands of successive administrations, he resigned his

agencies and set sail for Philadelphia, where he arrived in the spring

of 1775, after an absence of eleven years.

In the preceding autumn a Congress of delegates from the Assemblies of

all the provinces, the idea of which seems to have originated with

Franklin, had met at Philadelphia; and their first act was to sign a

Declaration of Rights, which had been transmitted to Franklin and the

other agents for presentation. The day after his return he was himself

elected to serve in this Congress for Pennsylvania, and was intrusted

with the management of several important negotiations. In the mean time

collisions had taken place between the troops at Boston and the

inhabitants, which led to the actions of Lexington and Bunker’s Hill.

These events quickened the deliberations of the Congress; and after one

more fruitless petition for redress, the Declaration of Independence was

published, July 4, 1776, and warlike preparations were actively

commenced. The English Ministry now sent out Lord Howe, with full powers

to concede every thing but absolute independence; but as the

Commissioners appointed to confer with him, of whom Franklin was one,

were instructed to treat upon no other terms, the negotiation abruptly

terminated.

After his return from a short but unsuccessful mission to Canada, Dr.

Franklin had been appointed President of the Convention for settling the

constitution of Pennsylvania; but he had not long held the office before

his services were again put in requisition by the Congress, as head of

the Commission to the Court of France, with powers to negotiate loans,

purchase stores, and grant letters of marque. He consented, with all the

alacrity of youth, to undertake this charge, though in his 71st year;

and, crossing the Atlantic for the fourth time, arrived in France with

his colleagues before the end of 1776, and took up his residence at

Passy, a village near Paris. The nation at large received the Commission

with open arms, and rendered them much assistance, in which the

Government secretly participated. But it was not till the surrender of

Burgoyne’s army, in October 1777, that the reluctance of the Court to

hazard a war with England was overcome. The treaty of alliance, and

recognition of the United States, was signed in February 1778, and war

immediately was declared against England.

The principal object of the Commission being thus gained, Franklin still

continued in France with the character of plenipotentiary during the

seven remaining years of the war, till 1783, when England consented to

recognize the independence of her late colonies. The definitive treaty

for that purpose was signed by himself, and on the part of England by

David Hartley, September 3, 1783.

He had of late years been afflicted with those painful disorders the

gout and stone, and at last received permission to return, of which he

availed himself the following spring, having just completed his 79th

year. He was, as may be supposed, most enthusiastically received at

Philadelphia, after an absence of eight years and a half; but the

Congress, with an ingratitude which has often been justly laid to the

charge of republics, made him no acknowledgment or compensation for his

long and arduous services; and he felt the neglect rather keenly.

In a very short time we find him again busily engaged in public

employments; first as a member of the Supreme Executive Council, and of

the Commission for the settlement of the National Confederacy, and soon

afterwards as President of the state of Pennsylvania, which he retained

for the full legal period of three years. He was also a leading member

in several societies for public and charitable purposes. One of the

latter was a Society for the Abolition of Slavery, and his last public

act was a memorial to Congress on this subject. He then wholly retired

from public employments, after a life spent in labours through which

nothing could have supported him but a consciousness of the high

responsibilities of a mind gifted like his own, and the magnitude of the

cause for which his powerful advocacy was so long engaged. He died about

two years after his retirement, at the age of eighty-four, in the full

enjoyment of all his faculties. Few men ever possessed such

opportunities or talents for contributing to the welfare of mankind;

fewer still have used them to better purpose: and it is pleasant to

know, on his own authority, that such extensive services were rendered

without any sacrifice of his own happiness. In his later correspondence

he frequently alludes with complacency to a favourite sentiment which he

has also introduced into his Memoirs;—“That he would willingly live over

again the same course of life, even though not allowed the privilege of

an author, to correct in a second edition the faults of the first.”

His remarkable success in life and in the discharge of his public

functions is not to be ascribed to genius, unless the term be extended

to that perfection of common sense and intimate knowledge of mankind

which almost entitled his sagacity to the name of prescience, and made

‘Franklin’s forebodings’ proverbially ominous among those who knew him.

His preeminence appears to have resulted from the habitual cultivation

of a mind originally shrewd and observant, and gifted with singular

powers of energy and self-control. There was a business-like alacrity

about him, with a discretion and integrity which conciliated the respect

even of his warmest political foes; a manly straight-forwardness before

which no pretension could stand unrebuked; and a cool tenacity of temper

and purpose which never forsook him under the most discouraging

circumstances, and was no doubt exceedingly provoking to his opponents.

Indeed his sturdiness, however useful to his country in time of need,

was perhaps carried rather to excess; his enemies called it obstinacy,

and accused him of being morose and sullen. No better refutation of such

a charge can be wished for than the testimony borne to his disposition

by Priestley (Monthly Magazine, 1782), a man whom Franklin was justly

proud to call his friend. In private life he was most estimable; two of

his most favourite maxims were, never to exalt himself by lowering

others, and in society to enjoy and contribute to all innocent

amusements without reserve. His friendships were consequently lasting,

and chosen at will from among the most amiable as well as the most

distinguished of both sexes, wherever his residence happened to be

fixed.

The Gallery of Portraits: with Memoirs. Volume 3 (of 7) · 第 8 / 20 段