TRANSCRIBER'S NOTE
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https://www.gutenberg.org/ebooks/48137.
Italic text is denoted by _underscores_.
Obvious typographical errors and punctuation errors have been
corrected after careful comparison with other occurrences within
the text and consultation of external sources.
More detail can be found at the end of the book.
The
WORKS
Of
BENJAMIN FRANKLIN, L.L.D.
VOL. 3.
[Illustration: (Stalker Sculptor.)]
PRINTED,
for Longman, Hurst, Rees & Orme, Paternoster Row, London.
THE
COMPLETE
WORKS,
IN
PHILOSOPHY, POLITICS, AND MORALS,
OF THE LATE
DR. BENJAMIN FRANKLIN,
NOW FIRST COLLECTED AND ARRANGED:
WITH
MEMOIRS OF HIS EARLY LIFE,
WRITTEN BY HIMSELF.
IN THREE VOLUMES.
VOL. III.
London:
PRINTED FOR J. JOHNSON, ST. PAUL'S CHURCH-YARD;
AND LONGMAN, HURST, REES, AND ORME,
PATERNOSTER-ROW.
1806.
JAMES CUNDEE, PRINTER,
LONDON.
CONTENTS.
VOL. III.
PAPERS ON AMERICAN SUBJECTS BEFORE THE REVOLUTIONARY
TROUBLES.
_Page._
Albany papers; containing, I. reasons and motives on which the
plan of union for the colonies was formed;--II. reasons against
partial unions;--III. and the plan of union drawn by B. F. and
unanimously agreed to by the commissioners from New Hampshire,
Massachusett's Bay, Rhode Island, New Jersey, Maryland,
and Pensylvania, met in congress at Albany, in July 1754, to consider
of the best means of defending the king's dominions in America,
&c. a war being then apprehended; with the reasons or
motives for each article of the plan 3
Albany papers continued. I. letter to Governor Shirley, concerning
the imposition of direct taxes upon the colonies, without their
consent 30
II. Letter to the same; concerning direct taxes in the colonies imposed
without consent, indirect taxes, and the Albany plan of
union 31
III. Letter to the same, on the subject of uniting the colonies more
intimately with Great Britain, by allowing them representatives
in parliament 37
Plan for settling two Western colonies in North America, with reasons
for the plan, 1754 41
Report of the committee of aggrievances of the assembly of Pensylvania,
dated Feb. 22, 1757 50
An historical review of the constitution and government of Pensylvania,
from its origin; so far as regards the several points of controversy
which have, from time to time, arisen between the several
governors of that province, and their several assemblies. Founded
on authentic documents 59
The interest of Great Britain considered, with regard to her colonies,
and the acquisitions of Canada and Guadaloupe 89
Remarks and facts relative to the American paper-money 144
To the freemen of Pensylvania, on the subject of a particular
militia-bill, rejected by the proprietor's deputy or governor 157
Preface by a member of the Pensylvanian assembly (Dr. Franklin)
to the speech of Joseph Galloway, Esq. one of the members for
Philadelphia county; in answer to the speech of John Dickinson,
Esq. delivered in the house of the assembly of the province of
Pensylvania, May 24, 1764, on occasion of a petition drawn up
by order, and then under the consideration of the house, praying
his majesty for a royal, in lieu of a proprietary government 163
Remarks on a late protest against the appointment of Mr. Franklin
as agent for this province (of Pensylvania) 203
Remarks on a plan for the future management of Indian affairs 216
PAPERS ON AMERICAN SUBJECTS DURING THE REVOLUTIONARY
TROUBLES.
Causes of the American discontents before 1768 225
Letter concerning the gratitude of America, and the probability and
effects of an union with Great Britain; and concerning the repeal
or suspension of the stamp act 239
Letter from Governor Pownall to Dr. Franklin, concerning an equal
communication of rights, privileges, &c. to America by Great
Britain 243
Minutes to the foregoing, by Dr. Franklin 244
The examination of Dr. Franklin before the English house of commons,
in February, 1766, relative to the repeal of the American
stamp act 245
Attempts of Dr. Franklin for conciliation of Great Britain with the
colonies 286
Queries from Mr. Strahan 287
Answer to the preceding queries 290
State of the constitution of the colonies, by Governor Pownall; with
remarks by Dr. Franklin 299
Concerning the dissentions between England and America 310
A Prussian edict, assuming claims over Britain 311
Preface by the British editor (Dr. Franklin) to "The votes and
proceedings of the freeholders, and other inhabitants of the town
of Boston, in town-meeting assembled according to law (published
by order of the town), &c." 317
Account of governor Hutchinson's letters 322
Rules for reducing a great empire to a small one, presented to a late
minister, when he entered upon his administration 334
State of America on Dr. Franklin's arrival there 346
Proposed vindication and offer from congress to parliament, in
1775 347
Reprobation of Mr. Strahan's parliamentary conduct 354
Conciliation hopeless from the conduct of Great Britain to
America 355
Account of the first campaign made by the British forces in
America 357
Probability of a separation 358
Letter to Monsieur Dumas, urging him to sound the several courts
of Europe, by means of their ambassadors at the Hague, as to any
assistance they may be disposed to afford America in her struggle
for independence 360
Letter from Lord Howe to Dr. Franklin 365
Dr. Franklin's answer to Lord Howe 367
Comparison of Great Britain and America as to credit, in 1777 372
PAPERS, DESCRIPTIVE OF AMERICA, OR RELATING TO THAT
COUNTRY, WRITTEN SUBSEQUENT TO THE REVOLUTION.
Remarks concerning the savages of North America 383
The internal state of America; being a true description of the interest
and policy of that vast continent 391
Information to those who would remove to America 398
Concerning new settlements in America 409
A comparison of the conduct of the ancient Jews, and of the
Antifederalists in the United States of America 410
Final speech of Dr. Franklin in the late federal convention 416
PAPERS ON MORAL SUBJECTS AND THE ECONOMY OF LIFE.
The busy-body 421
The way to wealth, as clearly shown in the preface of an old Pensylvania
almanack, intitled, Poor Richard Improved 453
Advice to a young tradesman 463
Necessary hints to those that would be rich 466
The way to make money plenty in every man's pocket 467
New mode of lending money 468
An economical project 469
On early marriages 475
Effect of early impressions on the mind 478
The whistle 480
A petition to those who have the superintendency of education 483
The handsome and deformed leg 485
Morals of chess 488
The art of procuring pleasant dreams 493
Dialogue between Franklin and the gout 499
On the death of relatives 507
The ephemera an emblem of human life 508
APPENDIX, NO. I.--CONTAINING PAPERS PROPER FOR INSERTION,
BUT OMITTED IN THE PRECEDING VOLUMES.
Letter to Sir Hans Sloane 513
Letter to Michael Collinson, Esq. 514
Letter respecting captain Cook 515
An address to the public, from the Pensylvania society for promoting
the abolition of slavery, and the relief of free negroes, unlawfully
held in bondage 517
Plan for improving the condition of the free blacks 519
Paper: a poem 523
Plain truth; or, serious considerations on the present state of the
city of Philadelphia, and province of Pensylvania 524
Four letters to Mr. Whetley 543*
APPENDIX, NO. II.--CONTAINING LETTERS BY SEVERAL
EMINENT PERSONS, ILLUSTRATIVE OF DR. FRANKLIN'S
MANNERS AND CHARACTER.
Letter from the late Dr. Price to a gentleman in America 543
Letter from Mr. Thomas Jefferson to the late Dr. William Smith, of
Philadelphia 545
Letter from the late Dr. Joseph Priestly 547
_ERRATA._
_Page._ _Line._
24 8 from the bottom: for DAY, read LAY.
39 6, for iuppose, read suppose.
60 5 from the bottom: for Cruger, read Stuber.
449 7 from the bottom: for PLEIADS, read PLEIADES.
PAPERS
ON
AMERICAN SUBJECTS
BEFORE THE
_REVOLUTIONARY TROUBLES_.
[_The papers under the present head, of American Politics before the
Troubles, in the volume of Dr. Franklin's works, printed for Johnson
in 1799, from which they are nearly all taken, were divided into
two parts, as if distinct from each other, viz. Papers on American
Subjects before the Troubles; and Papers on Subjects of Provincial
Politics. As we can see no grounds for this distinction, we have
brought them together, and have placed them in the order of their
dates, conceiving such to be the natural order of papers furnishing
materials for history._]
PAPERS
ON
AMERICAN SUBJECTS,
BEFORE THE
_REVOLUTIONARY TROUBLES_.
ALBANY PAPERS.
_Containing_, I. _Reasons and Motives on which the_ PLAN _of_
UNION _for the_ COLONIES _was formed_;--II. _Reasons against
partial Unions_;--III. _And the Plan of Union drawn by B. F. and
unanimously agreed to by the Commissioners from New Hampshire,
Massachusett's Bay, Rhode Island, New Jersey, Maryland, and
Pensylvania[1], met in Congress at Albany, in July 1754, to
consider of the best Means of defending the King's Dominions in
America, &c. a War being then apprehended; with the Reasons or
Motives for each Article of the Plan._
B. F. was one of the four commissioners from Pensylvania[2].
I. _Reasons and Motives on which the Plan of Union was formed._
The commissioners from a number of the northern colonies being
met at Albany, and considering the difficulties that have always
attended the most necessary general measures for the common defence,
or for the annoyance of the enemy, when they were to be carried
through the several particular assemblies of all the colonies;
some assemblies being before at variance with their governors or
councils, and the several branches of the government not on terms of
doing business with each other; others taking the opportunity, when
their concurrence is wanted, to push for favourite laws, powers,
or points, that they think could not at other times be obtained,
and so creating disputes and quarrels; one assembly waiting to see
what another will do, being afraid of doing more than its share, or
desirous of doing less; or refusing to do any thing, because its
country is not at present so much exposed as others, or because
another will reap more immediate advantage; from one or other of
which causes, the assemblies of six (out of seven) colonies applied
to, had granted no assistance to Virginia, when lately invaded by
the French, though purposely convened, and the importance of the
occasion earnestly urged upon them; considering moreover, that one
principal encouragement to the French, in invading and insulting the
British American dominions, was their knowledge of our disunited
state, and of our weakness arising from such want of union; and that
from hence different colonies were, at different times, extremely
harassed, and put to great expence both of blood and treasure, who
would have remained in peace, if the enemy had had cause to fear the
drawing on themselves the resentment and power of the whole; the
said commissioners, considering also the present incroachments of
the French, and the mischievous consequences that may be expected
from them, if not opposed with our force, came to an unanimous
resolution,--_That an union of the colonies is absolutely necessary
for their preservation_.
The manner of forming and establishing this union was the next point.
When it was considered, that the colonies were seldom all in equal
danger at the same time, or equally near the danger, or equally
sensible of it; that some of them had particular interests to manage,
with which an union might interfere; and that they were extremely
jealous of each other; it was thought impracticable to obtain a joint
agreement of all the colonies to an union, in which the expence and
burthen of defending any of them should be divided among them all;
and if ever acts of assembly in all the colonies could be obtained
for that purpose, yet as any colony, on the least dissatisfaction,
might repeal its own act and thereby withdraw itself from the union,
it would not be a stable one, or such as could be depended on: for if
only one colony should, on any disgust withdraw itself, others might
think it unjust and unequal that they, by continuing in the union,
should be at the expence of defending a colony, which refused to
bear its proportionable part, and would therefore one after another,
withdraw, till the whole crumbled into its original parts. Therefore
the commissioners came to another previous resolution, viz. _That it
was necessary the union should be established by act of parliament_.
They then proceeded to sketch out a _plan of union_, which they
did in a plain and concise manner, just sufficient to show
their sentiments of the kind of union that would best suit the
circumstances of the colonies, be most agreeable to the people,
and most effectually promote his majesty's service and the general
interest of the British empire. This was respectfully sent to the
assemblies of the several colonies for their consideration, and to
receive such alterations and improvements as they should think fit
and necessary; after which it was proposed to be transmitted to
England to be perfected, and the establishment of it there humbly
solicited.
This was as much as the commissioners could do[3].
* * * * *
II. _Reasons against partial Unions._
It was proposed by some of the commissioners, to form the colonies
into two or three distinct unions; but for these reasons that
proposal was dropped even by those that made it: [viz.]
1. In all cases where the strength of the whole was necessary to be
used against the enemy, there would be the same difficulty in degree,
to bring the several unions to unite together, as now the several
colonies; and consequently the same delays on our part and advantage
to the enemy.
2. Each union would separately be weaker than when joined by the
whole, obliged to exert more force, be oppressed by the expence, and
the enemy less deterred from attacking it.
3. Where particular colonies have _selfish views_, as New York with
regard to Indian trade and lands; or are less exposed, being covered
by others, as New Jersey, Rhode Island, Connecticut, Maryland; or
have particular whims and prejudices against warlike measures in
general, as Pensylvania, where the Quakers predominate; such colonies
would have more weight in a partial union, and be better able to
oppose and obstruct the measures necessary for the general good, than
where they are swallowed up in the general union.
4. The Indian trade would be better regulated by the union of the
whole than by partial unions. And as Canada is chiefly supported by
that trade, if it could be drawn into the hands of the English (as
it might be if the Indians were supplied on moderate terms, and by
honest traders appointed by and acting for the public) that alone
would contribute greatly to the weakening of our enemies.
5. The establishing of new colonies westward on the Ohio and the
lakes (a matter of considerable importance to the increase of British
trade and power, to the breaking that of the French, and to the
protection and security of our present colonies,) would best be
carried on by a joint union.
6. It was also thought, that by the frequent meetings-together
of commissioners or representatives from all the colonies, the
circumstances of the whole would be better known, and the good of
the whole better provided for; and that the colonies would by this
connection learn to consider themselves, not as so many independent
states, but as members of the same body; and thence be more ready to
afford assistance and support to each other, and to make diversions
in favour even of the most distant, and to join cordially in any
expedition for the benefit of all against the common enemy.
These were the principal reasons and motives for forming the plan of
union as it stands. To which may be added this, that as the union of
the *******
The remainder of this article is lost.
III. _Plan of a proposed Union of the several Colonies of
Massachusett's Bay, New Hampshire, Connecticut, Rhode Island, New
York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina,
and South Carolina, for their mutual Defence and Security, and
for extending the British Settlements in North America, with the
Reasons and Motives for each Article of the Plan [as far as could be
remembered.]_
It is proposed--That humble application be made for an act of
parliament of Great Britain, by virtue of which one general
government may be formed in America, including all the said colonies,
within and under which government each colony may retain its present
constitution, except in the particulars wherein a change may be
directed by the said act, as hereafter follows[4].
PRESIDENT GENERAL, AND GRAND COUNCIL.
_That the said general government be administered by a president
general, to be appointed and supported by the crown; and a grand
council, to be chosen by the representatives of the people of the
several colonies met in their respective assemblies._
It was thought that it would be best the president general should be
supported as well as appointed by the crown; that so all disputes
between him and the grand council concerning his salary might be
prevented; as such disputes have been frequently of mischievous
consequence in particular colonies, especially in time of public
danger. The quit-rents of crown-lands in America might in a short
time be sufficient for this purpose.--The choice of members for the
grand council is placed in the house of representatives of each
government, in order to give the people a share in this new general
government, as the crown has its share by the appointment of the
president-general.
But it being proposed by the gentlemen of the council of New York,
and some other counsellors among the Commissioners, to alter the
plan in this particular, and to give the governors and council of
the several provinces a share in the choice of the grand council, or
at least a power of approving and confirming or of disallowing the
choice made by the house of representatives, it was said:
"That the government or constitution proposed to be formed by the
plan, consists of two branches; a president general appointed by
the crown, and a council chosen by the people, or by the people's
representatives, which is the same thing.
"That by a subsequent article, the council chosen by the people can
effect nothing without the consent of the president general appointed
by the crown; the crown possesses therefore full one half of the
power of this constitution.
"That in the British constitution, the crown is supposed to possess
but one third, the lords having their share.
"That this constitution seemed rather more favorable for the crown.
"That it is essential, to English liberty, [that] the subject should
not be taxed but by his own consent, or the consent of his elected
representatives.
"That taxes to be laid and levied by this proposed constitution will
be proposed and agreed to by the representatives of the people, if
the plan in this particular be preserved:
"But if the proposed alteration should take place, it seemed as if
matters may be so managed, as that the crown shall finally have the
appointment not only of the president general, but of a majority of
the grand council; for seven out of eleven governors and councils are
appointed by the crown:
"And so the people in all the colonies would in effect be taxed by
their governors.
"It was therefore apprehended, that such alterations of the plan
would give great dissatisfaction, and that the colonies could not be
easy under such a power in governors, and such an infringement of
what they take to be English liberty.
"Besides, the giving a share in the choice of the grand council would
not be equal with respect to all the colonies, as their constitutions
differ. In some, both governor and council are appointed by the
crown. In others, they are both appointed by the proprietors. In
some, the people have a share in the choice of the council; in
others, both government and council are wholly chosen by the people.
But the house of representatives is every where chosen by the people;
and therefore, placing the right of choosing the grand council in the
representatives is equal with respect to all.
"That the grand council is intended to represent all the several
houses of representatives of the colonies, as a house of
representatives doth the several towns or counties of a colony. Could
all the people of a colony be consulted and unite in public measures,
a house of representatives would be needless: and could all the
assemblies conveniently consult and unite in general measures, the
grand council would be unnecessary.
"That a house of commons or the house of representatives, and the
grand council, are thus alike in their nature and intention. And
as it would seem improper that the king or house of lords should
have a power of disallowing or appointing members of the house of
commons;--so likewise, that a governor and council appointed by
the crown should have a power of disallowing or appointing members
of the grand council (who, in this constitution, are to be the
representatives of the people.)
"If the governors and councils therefore were to have a share in the
choice of any that are to conduct this general government, it should
seem more proper that they chose the president-general. But this
being an office of great trust and importance to the nation, it was
thought better to be filled by the immediate appointment of the crown.
"The power proposed to be given by the plan to the grand council
is only a concentration of the powers of the several assemblies in
certain points for the general welfare; as the power of the president
general, is of the powers of the several governors in the same points.
"And as the choice therefore of the grand council by the
representatives of the people, neither gives the people any new
powers, nor diminishes the power of the crown, it was thought and
hoped the crown would not disapprove of it."
Upon the whole, the commissioners were of opinion, that the choice
was most properly placed in the representatives of the people.
ELECTION OF MEMBERS.
_That within [___] months after the passing such act, the house of
representatives, that happen to be sitting within that time, or that
shall be especially for that purpose convened, may and shall choose
members for the grand council, in the following proportion, that is
to say,_
Massachussett's Bay 7
New Hampshire 2
Connecticut 5
Rhode Island 2
New York 4
New Jerseys 3
Pennsylvania 6
Maryland 4
Virginia 7
North Carolina 4
South Carolina 4
----
48
It was thought, that if the least colony was allowed two, and the
others in proportion, the number would be very great and the expence
heavy; and that less than two would not be convenient, as a single
person, being by any accident prevented appearing at the meeting, the
colony he ought to appear for would not be represented. That as the
choice was not immediately popular, they would be generally men of
good abilities for business, and men of reputation for integrity; and
that forty-eight such men might be a number sufficient. But, though
it was thought reasonable, that each colony should have a share in
the representative body in some degree, according to the proportion
it contributed to the general treasury: yet the proportion of wealth
or power of the colonies is not to be judged by the proportion here
fixed; because it was at first agreed, that the greatest colony
should not have more than seven members, nor the least less than two:
and the settling these proportions between these two extremes was not
nicely attended to, as it would find itself, after the first election
from the sums brought into the treasury, as by a subsequent article.
PLACE OF FIRST MEETING.
--_who shall meet for the first time at the city of Philadelphia
Pensylvania, being called by the president-general as soon as
conveniently may be after his appointment._
Philadelphia was named as being the nearer the centre of the
colonies, where the commissioners would be well and cheaply
accommodated. The high-roads, through the whole extent, are for
the most part very good, in which forty or fifty miles a day may
very well be and frequently are travelled. Great part of the way
may likewise he gone by water. In summer time, the passages are
frequently performed in a week from Charles Town to Philadelphia and
New York; and from Rhode Island to New York through the Sound, in two
or three days; and from New York to Philadelphia, by water and land,
in two days, by stage boats and wheel-carriages that set out every
other day. The journey from Charles Town to Philadelphia may likewise
be facilitated by boats running up Chesapeak Bay three hundred miles.
But if the whole journey be performed on horseback, the most distant
members (viz. the two from New Hampshire and from South Carolina) may
probably render themselves at Philadelphia in fifteen or twenty days;
the majority may be there in much less time.
NEW ELECTION.
_That there shall be a new election of the members of the grand
council every three years; and on the death or resignation of any
member, his place shall be supplied by a new choice at the next
silting of the assembly of the colony he represented._
Some colonies have annual assemblies, some continue during a
governor's pleasure; three years was thought a reasonable medium, as
affording a new member time to improve himself in the business, and
to act after such improvement; and yet giving opportunities, frequent
enough, to change him, if he has misbehaved.
PROPORTION OF MEMBERS AFTER THE FIRST THREE YEARS.
_That after the first three years, when the proportion of money
arising out of each colony to the general treasury can be known, the
number of members to be chosen for each colony shall from time to
time, in all ensuing elections, be regulated by that proportion (yet
so as that the number to be chosen by any one province be not more
than seven, nor less than two.)_
By a subsequent article it is proposed, that the general council
shall lay and levy such general duties, as to them may appear most
equal and least burthensome, &c. Suppose, for instance, they lay a
small duty or excise on some commodity imported into or made in the
colonies, and pretty generally and equally used in all of them; as
rum perhaps, or wine; the yearly produce of this duty or excise, if
fairly collected, would be in some colonies greater, in others less,
as the colonies are greater or smaller. When the collector's accounts
are brought in, the proportions will appear; and from them it is
proposed to regulate the proportion of representatives to be chosen
at the next general election, within the limits however of seven and
two. These numbers may therefore vary in course of years, as the
colonies may in the growth and increase of people. And thus the quota
of tax from each colony would naturally vary with its circumstances;
thereby preventing all disputes and dissatisfactions about the just
proportions due from each; which might otherwise produce pernicious
consequences, and destroy the harmony and good agreement that ought
to subsist between the several parts of the union.
MEETINGS OF THE GRAND COUNCIL, AND CALL.
_That the grand council shall meet once in every year, and oftener if
occasion require, at such time and place as they shall adjourn to at
the last preceding meeting, or as they shall be called to meet at by
the president general on any emergency; he having first obtained in
writing the consent of seven of the members to such call, and sent
due and timely notice to the whole._
It was thought, in establishing and governing new colonies or
settlements, regulating Indian trade, Indian treaties, &c. there
would be every year sufficient business arise to require at least one
meeting, and at such meeting many things might be suggested for the
benefit of all the colonies. This annual meeting may either be at a
time or place certain, to be fixed by the president general and grand
council at their first meeting; or left at liberty, to be at such
time and place as they shall adjourn to, or be called to meet at by
the president general.
In time of war it seems convenient, that the meeting should be in
that colony, which is nearest the seat of action.
The power of calling them on any emergency seemed necessary to be
vested in the president general; but that such power might not be
wantonly used to harass the members, and oblige them to make frequent
long journies to little purpose, the consent of seven at least to
such call was supposed a convenient guard.
CONTINUANCE.
_That the grand council have power to choose their speaker; and
shall neither be dissolved, prorogued, nor continued sitting longer
than six weeks at one time, without their own consent or the special
command of the crown._
The speaker should be presented for approbation; it being convenient,
to prevent misunderstandings and disgusts, that the mouth of the
council should be a person agreeable, if possible, both to the
council and president general.
Governors have sometimes wantonly exercised the power of proroguing
or continuing the sessions of assemblies, merely to harass the
members and compel a compliance; and sometimes dissolve them on
slight disgusts. This it was feared might be done by the president
general, if not provided against: and the inconvenience and hardship
would be greater in the general government than in particular
colonies, in proportion to the distance the members must be from
home, during sittings, and the long journies some of them must
necessarily take.
MEMBERS' ALLOWANCE.
_That the members of the grand council shall be allowed for their
service ten shillings sterling per diem, during their session and
journey to and from the place of meeting; twenty miles to be reckoned
a day's journey._
It was thought proper to allow _some_ wages, lest the expence might
deter some suitable persons from the service;--and not to allow _too
great_ wages, lest unsuitable persons should be tempted to cabal for
the employment, for the sake of gain. Twenty miles was set down as
a day's journey, to allow for accidental hinderances on the road,
and the greater expences of travelling than residing at the place of
meeting.
ASSENT OF PRESIDENT GENERAL AND HIS DUTY.
_That the assent of the president general be requisite to all acts of
the grand council; and that it be his office and duty to cause them
to be carried into execution._
The assent of the president general, to all acts of the grand council
was made necessary, in order to give the crown its due share of
influence in this government, and connect it with that of Great
Britain. The president general, besides one half of the legislative
power, hath in his hands the whole executive power.
POWER OF PRESIDENT GENERAL AND GRAND COUNCIL. TREATIES OF PEACE AND
WAR.
_That the president general, with the advice of the grand council,
hold or direct all Indian treaties in which the general interest of
the colonies may be concerned; and make peace or declare war with
Indian nations._
The power of making peace or war with Indian nations is at present
supposed to be in every colony, and is expressly granted to some
by charter, so that no new power is hereby intended to be granted
to the colonies. But as, in consequence of this power, one colony
might make peace with a nation that another was justly engaged in
war with; or make war on slight occasions without the concurrence or
approbation of neighbouring colonies, greatly endangered by it; or
make particular treaties of neutrality in case of a general war, to
their own private advantage in trade, by supplying the common enemy;
of all which there have been instances--it was thought better, to
have all treaties of a general nature under a general direction; that
so the good of the whole may be consulted and provided for.
INDIAN TRADE.
_That they make such laws as they judge necessary for regulating all
Indian trade._
Many quarrels and wars have arisen between the colonies and Indian
nations, through the bad conduct of traders, who cheat the Indians
after making them drunk, &c. to the great expence of the colonies
both in blood and treasure. Particular colonies are so interested in
the trade as not to be willing to admit such a regulation as might be
best for the whole; and therefore it was thought best under a general
direction.
INDIAN PURCHASES.
_That they make all purchases, from Indians for the crown, of lands
not now within the bounds of particular colonies, or that shall
not be within their bounds when some of them are reduced to more
convenient dimensions._
Purchases from the Indians, made by private persons, have been
attended with many inconveniences. They have frequently interfered,
and occasioned uncertainty of titles, many disputes and expensive
law-suits, and hindered the settlement of the land so disputed.
Then the Indians have been cheated by such private purchases, and
discontent and wars have been the consequence. These would be
prevented by public fair purchases.
Several of the colony charters in America extend their bounds to
the South Sea, which may be perhaps three or four thousand miles in
length to one or two hundred miles in breadth. It is supposed they
must in time be reduced to dimensions more convenient for the common
purposes of government[5].
Very little of the land in those grants is yet purchased of the
Indians.
It is much cheaper to purchase of them, than to take and maintain the
possession by force: for they are generally very reasonable in their
demands for land[6]; and the expence of guarding a large frontier
against their incursions is vastly great; because all must be
guarded, and always guarded, as we know not where or when _to expect
them_[7].
NEW SETTLEMENTS.
_That they make new settlements on such purchases, by granting lands
in the king's name, reserving a quit-rent to the crown for the use of
the general treasury._
It is supposed better that there should be one purchaser than many;
and that the crown should be that purchaser, or the union in the name
of the crown. By this means the bargains may be more easily made, the
price not inhanced by numerous bidders, future disputes about private
Indian purchases, and monopolies of vast tracts to particular persons
(which are prejudicial to the settlement and peopling of country)
prevented; and the land being again granted in small tracts to the
settlers, the quit-rents reserved may in time become a fund for
support of government, for defence of the country, ease of taxes, &c.
Strong forts on the lakes, the Ohio, &c. may, at the same time they
secure our present frontiers, serve to defend new colonies settled
under their protection; and such colonies would also mutually defend
and support such forts, and better secure the friendship of the far
Indians.
A particular colony has scarce strength enough to extend itself by
new settlements, at so great a distance from the old: but the joint
force of the union might suddenly establish a new colony or two in
those parts, or extend an old colony to particular passes, greatly to
the security of our present frontiers, increase of trade and people,
breaking off the French communication between Canada and Louisiana,
and speedy settlement of the intermediate lands.
The power of settling new colonies is therefore thought a valuable
part of the plan, and what cannot so well be executed by two unions
as by one.
LAWS TO GOVERN THEM.
_That they make laws for regulating and governing such new
settlements, till the crown shall think fit to form them into
particular governments._
The making of laws suitable for the new colonies, it was thought,
would be properly vested in the president general and grand council;
under whose protection they will at first necessarily be, and who
would be well acquainted with their circumstances, as having settled
them. When they are become sufficiently populous, they may by the
crown be formed into complete and distinct governments.
The appointment of a sub-president by the crown, to take place in
case of the death or absence of the president general, would perhaps
be an improvement of the plan; and if all the governors of particular
provinces were to be formed into a standing council of state, for the
advice and assistance of the president general, it might be another
considerable improvement.
RAISE SOLDIERS AND EQUIP VESSELS, &C.
_That they raise and pay soldiers and build forts for the defence of
any of the colonies, and equip vessels of force to guard the coasts
and protect the trade on the ocean, lakes[8], or great rivers; but
they shall not impress men in any colony, without the consent of the
legislature._
It was thought, that quotas of men, to be raised and paid by the
several colonies, and joined for any public service, could not always
be got together with the necessary expedition. For instance, suppose
one thousand men should be wanted in New Hampshire on any emergency;
to fetch them by fifties and hundreds out of every colony, as far as
South Carolina, would be inconvenient, the transportation chargeable
and the occasion perhaps passed before they could be assembled;
and therefore, that it would be best to raise them (by offering
bounty-money and pay) near the place where they would be wanted, to
be discharged again when the service should be over.
Particular colonies are at present backward to build forts at
their own expence, which they say will be equally useful to their
neighbouring colonies; who refuse to join, on a presumption that such
forts _will_ be built and kept up, though they contribute nothing.
This unjust conduct weakens the whole; but the forts being for the
good of the whole, it was thought best they should be built and
maintained by the whole, out of the common treasury.
In the time of war, small vessels of force are sometimes necessary
in the colonies to scour the coast of small privateers. These being
provided by the union will be an advantage in turn to the colonies
which are situated on the sea, and whose frontiers on the land-side,
being covered by other colonies, reap but little immediate benefit
from the advanced forts.
POWER TO MAKE LAWS, LAY DUTIES, &C.
_That for these purposes they have power to make laws, and lay
and levy such general duties, imports, or taxes, as to them shall
appear most equal and just (considering the ability and other
circumstances of the inhabitants in the several colonies,) and such
as may be collected with the least inconvenience to the people;
rather discouraging luxury, than loading industry with unnecessary
burthens._
The laws which the president general and grand council are impowered
to make _are such only_ as shall be necessary for the government of
the settlements; the raising, regulating, and paying soldiers for
the general service; the regulating of Indian trade; and laying and
collecting the general duties and taxes. (They should also have a
power to restrain the exportation of provisions to the enemy from
any of the colonies, on particular occasions, in time of war.) But
is it not intended that they may interfere with the constitution and
government of the particular colonies; who are to be left to their
own laws, and to lay, levy, and apply their own taxes as before.
GENERAL TREASURER AND PARTICULAR TREASURER.
_That they may appoint a general treasurer and particular treasurer
in each government when necessary; and from time to time may order
the sums in the treasuries of each government into the general
treasury; or draw on them for special payments, as they find most
convenient._
The treasurers here meant are only for the general funds, and not for
the particular funds of each colony, which remain in the hands of
their own treasurers at their own disposal.
MONEY HOW TO ISSUE.
_Yet no money to issue but by joint orders of the president general
and grand council; except where sums have been appropriated to
particular purposes, and the president general is previously
impowered by an act to draw for such sums._
To prevent misapplication of the money, or even application that
might be dissatisfactory to the crown or the people, it was thought
necessary, to join the president general and grand council in all
issues of money.
ACCOUNTS.
_That the general accounts shall be yearly settled and reported to
the several assemblies._
By communicating the accounts yearly to each assembly, they will be
satisfied of the prudent and honest conduct of their representatives
in the grand council.
QUORUM.
_That a quorum of the grand council, impowered to act with the
president general, do consist of twenty-five members; among whom
there shall be one or more from a majority of the colonies._
The quorum seems large, but it was thought it would not be
satisfactory to the colonies in general, to have matters of
importance to the whole transacted by a smaller number, or even by
this number of twenty-five, unless there were among them one at least
from a majority of the colonies; because otherwise, the whole quorum
being made up of members from three or four colonies at one end of
the union, something might be done that would not be equal with
respect to the rest, and thence dissatisfactions and discords might
rise to the prejudice of the whole.
LAWS TO BE TRANSMITTED.
_That the laws made by them for the purposes aforesaid shall not be
repugnant, but, as near as may be, agreeable to the laws of England,
and shall be transmitted to the king in council for approbation as
soon as may be after their passing; and if not disapproved within
three years after presentation, to remain in force._
This was thought necessary for the satisfaction of the crown, to
preserve the connection of the parts of the British empire with the
whole, of the members with the head, and to induce greater care and
circumspection in making of the laws, that they be good in themselves
and for the general benefit.
DEATH OF THE PRESIDENT GENERAL.
_That in case of the death of the president general, the speaker of
the grand council for the time being shall succeed, and be vested
with the same powers and authorities, to continue till the king's
pleasure be known._
It might be better, perhaps, as was said before, if the crown
appointed a vice president, to take place on the death or absence of
the president general; for so we should be more sure of a suitable
person at the head of the colonies. On the death or absence of both,
the speaker to take place (or rather the eldest king's-governor) till
his majesty's pleasure be known.
OFFICERS HOW APPOINTED.
_That all military commission officers, whether for land or
sea-service, to act under this general constitution, shall be
nominated by the president general; but the approbation of the grand
council is to be obtained, before they receive their commissions. And
all civil officers are to be nominated by the grand council, and to
receive the president general's approbation before they officiate._
It was thought it might be very prejudicial to the service, to have
officers appointed unknown to the people, or unacceptable, the
generality of Americans serving willingly under officers they know:
and not caring to engage in the service under strangers, or such as
are often appointed by governors through favour or interest. The
service here meant, is not the stated settled service in standing
troops; but any sudden and short service, either for defence of
our own colonies, or invading the enemies country; (such as, the
expedition to Cape Breton in the last war; in which many substantial
farmers and tradesmen engaged as common soldiers under officers of
their own country, for whom they had an esteem and affection; who
would not have engaged in a standing army, or under officers from
England.)--It was therefore thought best, to give the council the
power of approving the officers, which the people will look upon
as a great security of their being good men. And without some such
provision as this, it was thought the expence of engaging men in the
service on any emergency would be much greater, and the number who
could be induced to engage much less; and that therefore it would be
most for the king's service and general benefit of the nation, that
the prerogative should relax a little in this particular throughout
all the colonies in America; as it had already done much more in the
charters of some particular colonies, viz. Connecticut and Rhode
Island.
The civil officers will be chiefly treasurers and collectors of
taxes; and the suitable persons are most likely to be known by the
council.
VACANCIES HOW SUPPLIED.
_But in case of vacancy by death, or removal of any officer civil
or military under this constitution, the governor of the province
in which such vacancy happens may appoint, till the pleasure of the
president general and grand council can be known._
The vacancies were thought best supplied by the governors in each
province, till a new appointment can be regularly made; otherwise the
service might suffer before the meeting of the president general and
grand council.
EACH COLONY MAY DEFEND ITSELF ON EMERGENCY, &C.
_That the particular military as well as civil establishments in
each colony remain in their present state, the general constitution
notwithstanding; and that on sudden emergencies any colony may
defend itself, and lay the accounts of expence thence arising before
the president general and general council, who may allow and order
payment of the same, as far as they judge such accounts just and
reasonable._
Otherwise the union of the whole would weaken the parts, contrary
to the design of the union. The accounts are to be judged of by the
president general and grand council, and allowed if found reasonable:
this was thought necessary to encourage colonies to defend
themselves, as the expence would be light when borne by the whole;
and also to check imprudent and lavish expence in such defences.[9]
FOOTNOTES:
[1] The reader must be informed here, that this plan was intended for
all the colonies; but, commissioners from some of them not attending
(from causes which I cannot specify) their consent to it was not,
in this respect, universally expressed. Governor Pownall, however,
says, "That he had an opportunity of conversing with, and knowing
the sentiments of the commissioners appointed by their respective
provinces, to attend this congress, to which they were called by the
crown; of learning from their experience and judgment, the actual
state of the American business and interest; and of hearing amongst
them, the grounds and reasons of that American union, which they then
had under deliberation, and transmitted the plan of to England;" and
he adds, in another place, "that the sentiments of our colonies were
collected in an authentic manner on this subject in the plan proposed
by Dr. Franklin, and unanimously agreed to in congress." See Governor
Pownall's Administration of the British Colonies. Vol. I. p. 13.
Edit. 4, 1774, and Vol. II. p. 86. B. V.
[2] "Mr. [since Governor] Hutchinson was one of the commissioners
for Massachusetts Bay." Governor Pownall as above, Vol. II. p. 144.
"Thomas Pownall, Esq.; brother to John Pownall, Esq.; one of the
secretaries to the board of trade, and afterwards Governor of the
Massachusetts, was upon the spot." History of the British Empire in
North America, p. 25. B. V.
[3] Dr. Davenant was so well convinced of the expediency of an union
of the colonies, that he recites, at full length, a plan contrived,
as he says, with good judgment for the purpose. Davenant, Vol. I. p.
40, 41, of Sir C. Whitworth's Edition. B. V.
[4] The reader may perceive, by the difference of the type, which is
the text of the plan, and which the _reasons and motives_ mentioned
in the title. They are thus consolidated for his convenience. The
editor has taken one or two farther liberties in _transposing_ these
Albany papers; but the sense remains as before. B. V.