CHAPTER VI

SECOND MISSION TO ENGLAND, II

In order to continue the narrative of events with due regard to

chronological order it is necessary to revert to the repeal of the Stamp

Act. The repealing act was fully as unpopular in England as the repealed

act had been in America. It was brought about by no sense of justice, by

no good will toward the colonists, but solely by reason of the injury

which the law was causing in England, and which was forced upon the

reluctant consideration of Parliament by the urgent clamor of the

suffering merchants; also perhaps in some degree by a disinclination to

send an army across the Atlantic, and by the awkward difficulty

suggested by Franklin when he said that if troops should be sent they

would find no rebellion, no definite form of resistance, against which

they could act. The repeal, therefore, though carried by a large

majority, was by no means to be construed as an acknowledgment of error

in an asserted principle, but only as an unavoidable admission of a

mistake in the application of that principle. The repealing majority

grew out of a strange coalition of men of the most opposite ways of

thinking concerning the fundamental question. For example, Charles

Townshend was a repealer, yet all England did not hold a man who was

more wedded than was Townshend to the idea of levying internal taxes in

the colonies by act of Parliament. The notion had been his own

mischievous legacy to Grenville, but he now felt that it had been

clumsily used by his legatee. Many men agreed with him, and the

prevalence of this opinion was made obvious by the passage, almost

simultaneously, of the resolution declaratory of the right of

parliamentary taxation. But the solace of an empty assertion was wholly

inadequate to heal the deep wound which English pride had received. The

great nation had been fairly hounded into receding before the angry

resistance of a parcel of provincials dwelling far away across the sea;

the recession was not felt to be an act of magnanimity or generosity or

even of justice, but only a bitter humiliation and indignity. Poor

Grenville, the responsible adviser of the blundering and unfortunate

measure, lost almost as much prestige as Franklin gained. It was hard

luck for him; he was as honest in his convictions as Franklin was in the

opposite faith, and he was a far abler minister than the successor

charged to undo his work. But his knowledge of colonial facts was very

insufficient, and the light in which he viewed them was hopelessly

false. Franklin had a knowledge immeasurably greater, and was almost

incapable of an error of judgment; of all the reputation which was won

or lost in this famous contest he gathered the lion's share; he was the

hero of the colonists; his ability was recognized impartially by both

the contending parties in England, and he was marked as a great man by

those astute French statesmen who were watching with delight the opening

of this very promising rift in the British Empire.

Anger, like water, subsides quickly after the tempest ceases. As each

day in its flight carried the Stamp Act and the repeal more remotely

into past history, the sanguine and peaceably minded began to hope that

England and the colonies might yet live comfortably in union. It only

seemed necessary that for a short time longer no fresh provocation

should revive animosities which seemed composing themselves to slumber.

The colonists tried to believe that England had learned wisdom;

Englishmen were cautious about committing a second blunder. In such a

time Franklin was the best man whom his countrymen could have had in

England. His tranquil temperament, his warm regard for both sides, his

wonderful capacity for living well with men who could by no means live

well with each other, his social tact, and the respect which his

abilities inspired, all combined to enable him now more than ever to

fill admirably the position of colonial representative. The effect of

such an influence is not to be seen in any single noteworthy occurrence,

but is known by a thousand lesser indications, and it is unquestionable

that no American representative even to this day has ever been held in

Europe in such estimation as was accorded to Franklin at this time. He

continued writing and instructing upon American topics, but to what has

already been said concerning his services and opinions abroad, there is

nothing of importance to be added occurring within two or three years

after the repeal. While, however, he played the often thankless part of

instructor to the English, he had the courage to assume the even less

popular rôle of a moderator towards the colonists. He made it his task

to soothe passion and to preach reason. He did not do this as a trimmer;

never was one word of compromise uttered by him throughout all these

alarming years. But he dreaded that weakness which is the inevitable

reaction from excess; and he was supremely anxious to secure that

trustworthy strength which is impossible without moderation. What he

profoundly wished was that the "fatal period" of war and separation

should be as much as possible "postponed, and that whenever this

catastrophe shall happen it may appear to all mankind that the fault has

not been ours." Yet he fell far short of the Christian principle of

turning to the smiter the other cheek. He wished the colonists to keep a

steady front face, and only besought them not to rush forward so

foolishly fast as to topple over, of which ill-considered violence there

was much danger. Of course the usual result of such efforts overtook

him. He wrote somewhat sadly, in 1768: "Being born and bred in one of

the countries, and having lived long and made many agreeable connections

of friendship in the other, I wish all prosperity to both; but I have

talked and written so much and so long on the subject, that my

acquaintance are weary of hearing and the public of reading any more of

it, which begins to make me weary of talking and writing; especially as

I do not find that I have gained any point in either country, except

that of rendering myself suspected by my impartiality;--in England of

being too much an American, and in America of being too much an

Englishman." More than once he repeated this last sentence with much

feeling. But whatever there was of personal discouragement or

despondency in this letter was only a temporary frame of mind. Dr.

Franklin never really slackened his labors in a business which he had so

much at heart as this of the relationship of the colonies to the mother

country. Neither, it is safe to say, did he ever bore any one by what he

wrote or by what he said, though his witty effusions in print were

usually anonymous, and only some of his soberer and argumentative papers

announced their paternity.

The agony with which the repeal of the Stamp Act was effected racked too

severely the feeble joints of the Rockingham ministry, and that ill-knit

body soon began to drop to pieces. A new incumbent was sought for the

department which included the colonies, but that position seemed to be

shunned with a sort of terror; no one loved office enough to seek it in

this niche; no one could expect comfort in a chamber haunted by such

restless ghosts. Early in July, at the earnest solicitation of the king,

Pitt endeavored not so much to form a new ministry as to revamp the

existing one. He partially succeeded, but not without difficulty. The

result seemed to promise well for the colonies, since the new cabinet

contained their chief friends: Pitt himself, Shelburne, Camden, Conway,

names all justly esteemed by America. Yet all these were fully offset by

the audacious Charles Townshend, the originator and great apostle of the

scheme of colonial taxation, whom Pitt, much against his will, had been

obliged to place in the perilous post of chancellor of the exchequer. It

was true that Lord Shelburne undertook the care of the colonies, and

that no Englishman cherished better dispositions towards them; but he

had to encounter two difficulties, neither of which could be overcome.

The one was that Townshend's views were those which soon proved not only

to be coincident with those of the king, but also to be popular in

Parliament; the other was that, while he had the administration of

colonial affairs, Townshend had the function of introducing schemes of

taxation. So long as he remained in office he administered all the

business of the colonies in the spirit of liberal reform. No reproach

was ever brought against his justice, his generosity, his enlightened

views of government. But unfortunately all that he had to do, being

strictly in the way of _administration_, such as the restraining

over-loyal governors, the amelioration of harsh legislation, and

universal moderation in language and behavior, could avail comparatively

little so long as Townshend, whom Pitt used to call "the incurable,"

could threaten and bring in obnoxious revenue measures.

Shelburne had the backing of Pitt; but, by ill luck, so soon as the

cabinet was formed, Pitt ceased to be Pitt, and became the Earl of

Chatham; and with the loss of his own name he lost also more than half

of his power. Moreover the increasing infirmities of his body robbed him

of efficiency and impaired his judgment. He was utterly unable to keep

in subordination his reckless chancellor of the exchequer, betwixt whom

and himself no good will had ever existed. On the other hand, this

irrepressible Townshend had a far better ally in George III., who

sympathized in his purposes, gave him assistance which was none the less

powerful for being indirect and occult, and who hated and ingeniously

thwarted Shelburne. Moreover, as has been said, it was a popular

delusion that Townshend had exceptionally full and accurate knowledge

concerning American affairs. His self-confident air, making assurance of

success, won for him one half of the battle by so sure a presage of

victory. He lured the members of the House by showing them a

considerable remission in their own taxes, provided they would stand by

his scheme of replacing the deficit by an income from the colonies; and

he boldly assured his delighted auditors that he knew "the mode by which

a revenue could be drawn from America without offense." He was of the

thoughtless class which learns no lesson. He still avowed himself "a

firm advocate of the Stamp Act," and with cheerful scorn he "laughed at

the absurd distinction between internal and external taxes." He did not

expect, he merrily said, alluding to the distinction just conferred upon

Chatham, to have _his_ statue erected in America. The reports of his

speeches kept the colonial mind disquieted. The act requiring the

provinces in which regiments were quartered to provide barracks and

rations for the troops at the public expense was a further irritation.

Shelburne sought to make the burden as easy as possible, but Townshend

made Shelburne's duties as hard as possible. Of what use were the

minister's liberality and moderation, when the chancellor of the

exchequer evoked alarm and wrath by announcing insolently that he was

for governing the Americans as subjects of Great Britain, and for

restraining their trade and manufactures in subordination to those of

the mother country! So the struggle went on within the ministry as well

as without it; but the opponents of royal prejudice were heavily

handicapped; for the king, though stupid in general, had some political

skill and much authority. His ill-concealed personal hostility to his

"enemy," as he called Shelburne, threatened like the little cloud in

the colonial horizon. Nor was it long before Chatham, a dispirited

wreck, withdrew himself entirely from all active participation in

affairs, shut himself up at Hayes, and refused to be seen by any one who

wished to talk on business.

On May 13, 1767, colonial agents and merchants trading to America were

refused admission to hear the debates in the House of Commons. Upon that

day Townshend was to develop his scheme. By way, as it were, of striking

a keynote, he proposed that the province of New York should be

restrained from enacting any legislation until it should comply with the

"billeting act," against which it had heretofore been recalcitrant. He

then sketched a scheme for an American board of commissioners of

customs. Finally he came to the welcome point of the precise taxes which

he designed to levy: he proposed duties on wine, oil, and fruits,

imported directly into the colonies from Spain and Portugal; also on

glass, paper, lead, colors, and china, and three pence per pound on tea.

The governors and chief justices, most of whom were already appointed by

the king, but who got their pay by vote of the colonial assemblies, were

hereafter to have fixed salaries, to be paid by the king from this

American revenue. Two days later the resolutions were passed, directing

the introduction of bills to carry out these several propositions, and a

month later the bills themselves were passed.

Meantime the cabinet was again getting very rickety, and many heads were

busy with suggestions for patching it in one part or another. With

Chatham in retreat and the king in the ascendant, it seemed that

Townshend had the surest seat. But there is one risk against which even

monarchs cannot insure their favorites, and that risk now fell out

against Townshend. He died suddenly of a fever, in September, 1767. Lord

North succeeded him, destined to do everything which his royal master

desired him to do, and bitterly to repent it. A little later, in

December, the king scored another success; Shelburne was superseded in

the charge of the colonies by the Earl of Hillsborough, who reëntered

the board of trade as first commissioner, and came into the cabinet with

the new title of secretary of state for the colonies.

Hillsborough was an Irish peer, with some little capacity for business,

but of no more than moderate general ability. He also was supposed,

altogether erroneously, to possess a little more knowledge, or, as it

might have been better expressed, to be shackled with a little less

ignorance, concerning colonial affairs than could be predicated of most

of the noblemen who were eligible for public office. America had

acquired so much importance that the reputation of familiarity with its

condition was an excellent recommendation for preferment. Franklin wrote

that this change in the ministry was "very sudden and unexpected;" and

that "whether my Lord Hillsborough's administration will be more stable

than others have been for a long time, is quite uncertain; but as his

inclinations are rather favorable towards us (so far as he thinks

consistent with what he supposes the unquestionable rights of Britain),

I cannot but wish it may continue."

It was Franklin's temperament to be hopeful, and he also purposely

cultivated the wise habit of not courting ill fortune by anticipating

it. In this especial instance, however, he soon found that his

hopefulness was misplaced. Within six months he discovered that this new

secretary looked upon the provincial agents "with an evil eye, as

obstructors of ministerial measures," and would be well pleased to get

rid of them as "unnecessary" impediments in the transaction of business.

"In truth," he adds, "the nominations, particularly of Dr. Lee and

myself, have not been at all agreeable to his lordship." It soon

appeared that his lordship had the Irish quickness for taking a keen

point of law; he broached the theory that no agent could lawfully be

appointed by the mere resolution of an assembly, but that the

appointment must be made by bill. The value of this theory is obvious

when we reflect that a bill did not become law, and consequently an

appointment could not be completed, save by the signature of the

provincial governor. "This doctrine, if he could establish it," said

Franklin, "would in a manner give to his lordship the power of

appointing, or, at least, negativing any choice of the House of

Representatives and Council, since it would be easy for him to instruct

the governor not to assent to the appointment of such and such men, who

are obnoxious to him; so that if the appointment is annual, every agent

that valued his post must consider himself as holding it by the favor of

his lordship;" whereof the consequences were easy to be seen.

There was a lively brush between the noble secretary and Franklin, when

the former first propounded this troublesome view. It was in January,

1771, that Franklin called upon his lordship--

"to pay my respects ... and to acquaint him with my appointment by

the House of Representatives of Massachusetts Bay to be their agent

here." But his lordship interrupted:--

"I must set you right there, Mr. Franklin; you are not agent.

"Why, my lord?

"You are not appointed.

"I do not understand your lordship; I have the appointment in my

pocket.

"You are mistaken; I have later and better advices. I have a letter

from Governor Hutchinson; he would not give his assent to the bill.

"There was no bill, my lord; it was a vote of the House.

"There was a bill presented to the governor for the purpose of

appointing you and another, one Dr. Lee I think he is called, to

which the governor refused his assent.

"I cannot understand this, my lord; I think there must be some

mistake in it. Is your lordship quite sure that you have such a

letter?

"I will convince you of it directly; Mr. Pownall will come in and

satisfy you."

So Mr. Pownall, invoked by the official bell, appeared upon the scene.

But he could not play his part; he was obliged to say that there was no

such letter. This was awkward; but Franklin was too civil or too prudent

to triumph in the discomfiture of the other. He simply offered the

"authentic copy of the vote of the House" appointing him, and asked if

his lordship would "please to look at it." His lordship took the paper

unwillingly, and then, without looking at it, said:--

"An information of this kind is not properly brought to me as

secretary of state. The board of trade is the proper place.

"I will leave the paper then with Mr. Pownall to be--

"(_Hastily._) To what end would you leave it with him?

"To be entered on the minutes of the board, as usual.

"(_Angrily._) It shall not be entered there. No such paper shall be

entered there while I have anything to do with the business of that

board. The House of Representatives has no right to appoint an

agent. We shall take no notice of any agents but such as are

appointed by acts of Assembly, to which the governor gives his

assent. We have had confusion enough already. Here is one agent

appointed by the Council, another by the House of

Representatives.[27] Which of these is agent for the province? Who

are we to hear in provincial affairs? An agent appointed by act of

Assembly we can understand. No other will be attended to for the

future, I can assure you.

"I cannot conceive, my lord, why the consent of the governor should

be thought necessary to the appointment of an agent for the people.

It seems to me that--

"(_With a mixed look of anger and contempt._) I shall not enter

into a dispute with _you_, Sir, upon this subject.

"I beg your lordship's pardon; I do not mean to dispute with your

lordship. I would only say that it appears to me that every body of

men who cannot appear in person, where business relating to them

may be transacted, should have a right to appear by an agent. The

concurrence of the governor does not seem to be necessary. It is

the business of the people that is to be done; he is not one of

them; he is himself an agent.

"(_Hastily._) Whose agent is he?

"The king's, my lord.

"No such matter. He is one of the corporation by the province

charter. No agent can be appointed but by an act, nor any act pass

without his assent. Besides, this proceeding is directly contrary

to express instructions.

"I did not know there had been such instructions. I am not

concerned in any offense against them, and--

[Note 27: The agent for the Council, Mr. Bollan, acted in entire

accord with Dr. Franklin; there was no inconsistency between the two

offices, which were altogether distinct, neither any clashing between

the incumbents, as might be inferred from Lord Hillsborough's

language.]

"Yes, your offering such a paper to be entered is an offense

against them. No such appointment shall be entered. When I came

into the administration of American affairs I found them in great

disorder. By _my firmness_ they are now something mended; and while

I have the honor to hold the seals I shall continue the same

conduct, the same _firmness_. I think my duty to the master I

serve, and to the government of this nation, requires it of me. If

that conduct is not approved, _they_ may take that office from me

when they please: I shall make them a bow and thank them; I shall

resign with pleasure. That gentleman [Mr. Pownall] knows it; but

while I continue in it I shall resolutely persevere in the same

_firmness_."

Speaking thus, his lordship seemed warm, and grew pale, as if "angry at

something or somebody besides the agent, and of more consequence to

himself." Franklin thereupon, taking back his credentials, said,

speaking with an innuendo aimed at that which had not been expressed,

but which lay plainly visible behind his lordship's pallor and

excitement:--

"I beg your lordship's pardon for taking up so much of your

lordship's time. It is, I believe, of no great importance whether

the appointment is acknowledged or not, for I have not the least

conception that an agent can, _at present_, be of any use to any of

the colonies. I shall therefore give your lordship no further

trouble."

Therewith he made his exit, and went home to write the foregoing sketch

of the scene. Certainly throughout so irritating an interview he had

conducted himself with creditable self-restraint and moderation, yet

with his closing sentence he had sent home a dart which rankled. He soon

heard that his lordship "took great offense" at these last words,

regarding them as "extremely rude and abusive," and as "equivalent to

telling him to his face that the colonies could expect neither favor nor

justice during his administration." "I find," adds Franklin, with placid

satisfaction in the skill with which he had shot his bolt, "I find he

did not mistake me."

So Franklin retained the gratification which lies in having administered

a stinging and appreciated retort; a somewhat empty and entirely

personal gratification, it must be admitted. Hillsborough kept the

substance of victory, inasmuch as he persisted in refusing to recognize

Franklin as the agent of the Massachusetts Bay. Yet in this he did not

annihilate, indeed very slightly curtailed, Franklin's usefulness. It

merely signified that Franklin ceased to be an official conduit for

petitions and like communications. His weight and influence, based upon

his knowledge and prestige, remained unimpugned. In a word, it was of

little consequence that the lord secretary would not acknowledge him as

the representative of one province, so long as all England practically

treated him as the representative of all America.

From this time forth, of course, there was warfare between the secretary

and the unacknowledged agent. Franklin began to entertain a "very mean

opinion" of Hillsborough's "abilities and fitness for his station. His

character is conceit, wrong-headedness, obstinacy, and passion. Those

who speak most favorably of him allow all this; they only add that he is

an honest man and means well. If that be true, as perhaps it may, I only

wish him a better place, where only honesty and well-meaning are

required, and where his other qualities can do no harm.... I hope,

however, that our affairs will not much longer be perplexed and

embarrassed by his perverse and senseless management." But for the

present Franklin was of opinion that it would be well "to leave this

omniscient, infallible minister to his own devices, and be no longer at

the expense of sending any agent, whom he can displace by a repeal of

the appointing act."

Hillsborough's theory was adopted by the board of trade, and Franklin

therefore remained practically stripped of the important agency for

Massachusetts. He anticipated that this course would soon put an end to

all the colonial agencies; but he said that the injury would be quite as

great to the English government as to the colonies, for the agents had

often saved the cabinet from introducing, through misinformation,

"mistaken measures," which it would afterward have found to be "very

inconvenient." He expressed his own opinion that when the colonies "came

to be considered in the light of _distinct states_, as I conceive they

really are, possibly their agents may be treated with more respect and

considered more as public ministers." But this was a day-dream; the

current was setting in quite the opposite direction.

In point of fact, Massachusetts seems to have taken no detriment from

this foolish and captious bit of chicanery. All the papers and arguments

which she had occasion to have presented always found their way to their

destination as well as they would have done if Franklin had been

acknowledged as the quasi public minister, which he conceived to be his

proper character.

Franklin perfectly appreciated that Hillsborough retained his position

by precarious tenure. He shrewdly suspected that if the war with Spain,

which then seemed imminent, were to break out, Hillsborough would at

once be removed. For in that case it would be the policy of the

government to conciliate the colonies, at any cost, for the time being.

This crisis passed by, fortunately for the secretary and unfortunately

for the provinces. Yet still the inefficient and ill-friended minister

remained very infirm in his seat. An excuse only was needed to displace

him, and by a singular and unexpected chance Franklin furnished that

excuse. It was the humble and discredited colonial agent who unwittingly

but not unwillingly gave the jar which toppled the great earl into

retirement. His fall when it came gave general satisfaction. His

unfitness for his position had become too obvious to be denied; he had

given offense in quarters where he should have made friends; he had

irritated the king and provoked the cabinet. Franklin, with his

observant sagacity, quickly divined that George III. was "tired" of

Hillsborough and "of his administration, which had weakened the

affection and respect of the colonies for a royal government;" and

accordingly he "used proper means from time to time that his majesty

should have due information and convincing proofs" of this effect of his

lordship's colonial policy.

It was, however, upon a comparatively trifling matter that Hillsborough

finally lost his place. It has been already mentioned that many years

before this time Franklin had urged the establishment of one or two

frontier, or "barrier," provinces in the interior. He had never

abandoned this scheme, and of late had been pushing it with some

prospect of success; for among other encouraging features he astutely

induced three privy councilors to become financially interested in the

project. The original purpose of the petitioners had been to ask for

only 2,500,000 acres of land; but Hillsborough bade them ask for "enough

to make a province." This advice was grossly disingenuous; for

Hillsborough himself afterward admitted that from the beginning he had

intended to defeat the application, and had put the memorialists "upon

asking so much with that very view, supposing it too much to be

granted." But they, not suspecting, fell into the trap and increased

their demand to 23,000,000 acres, certainly a sufficient quantity to

call for serious consideration. When the petition came before the board

of trade, Lord Hillsborough, who was president of the board, took upon

himself the task of rendering a report. To the surprise of the

petitioners, who had reason to suppose him well inclined, he replied

adversely. The region was so far away, he said, that it would not "lie

within the reach of the trade and commerce of this kingdom;" so far,

also, as not to admit of "the exercise of that authority and

jurisdiction ... necessary for the preservation of the colonies in due

subordination to and dependence upon the mother country." The territory

appeared, "upon the fullest evidence," to be "utterly inaccessible to

shipping," and therefore the inhabitants would "probably be led to

manufacture for themselves, ... a consequence ... to be carefully

guarded against." Also part belonged to the Indians, who ought not to be

disturbed, and settlements therein would of course lead to Indian wars

and to "fighting for every inch of the ground." Further, the occupation

of this tract "must draw and carry out a great number of people from

Great Britain," who would soon become "a kind of separate and

independent people, ... and set up for themselves," meeting their own

wants and taking no "supplies from the mother country nor from the

provinces" along the seaboard. At so great a distance from "the seat of

government, courts, magistrates, etc.," the territory would "become a

receptacle and kind of asylum for offenders," full of crime itself, and

encouraging crime elsewhere. This disorderly population would soon

"become formidable enough to oppose his majesty's authority, disturb

government, and even give law to the other or first-settled part of the

country, and thus throw everything into confusion." Such arguments were

as feeble as they were bodeful. The only point which his lordship really

scored was in reply to Franklin's theory of the protection against the

Indians which these colonies would afford to those on the seaboard.

Hillsborough well said that the new settlements themselves would stand

most in need of protection. It was only advancing, not eliminating, a

hostile frontier.

Evidently it required no very able reasoning, coming from the president

of the board, to persuade his subordinates; and this foolish report was

readily adopted. But Franklin was not so easily beaten; the privy

council furnished one more stage at which he could still make a fight.

He drew up a reply to Lord Hillsborough's paper and submitted it to that

body. It was a long and very carefully prepared document; it dealt in

facts historical and statistical, in which the report was utterly

deficient; it furnished evidence and illustration; in arguing upon

probabilities it went far toward demolishing the theories advanced by

the president of the board. The two briefs were laid before a tribunal

in which three men sat who certainly ought not to have been sitting in

this cause, since Franklin's interest was also their own; but probably

this did not more than counterbalance the prestige of official position

in the opposite scale. Certainly Franklin had followed his invariable

custom of furnishing his friends with ample material to justify them in

befriending him. In this respect he always gallantly stood by his own

side. The allies whom at any time he sought he always abundantly

supplied with plain facts and sound arguments, in which weapons he

always placed his chief trust. So at present, whatever was the motive

which induced privy councilors to open their ears to what Franklin had

to say, after they had heard him they could not easily decide against

him. Nor had those of them who were personally disinterested any great

inducement to do so, since, though some of them may have disliked him,

none of them had any great liking for his noble opponent. So they set

aside the report of the board of trade.[28]

[Note 28: A very interesting statement of these proceedings may be

found in Franklin's _Works_, x. 346.]

Upon this Lord Hillsborough fell into a hot rage, and sent in his

resignation. It was generally understood that he had no notion that it

would be accepted, or that he would be allowed to leave upon such a

grievance. He fancied that he was establishing a dilemma which would

impale Franklin. But he was in error; he himself was impaled. No one

expostulated with him; he was left to exercise "the Christian virtue of

resignation" without hindrance. Franklin said that the anticipation of

precisely this result, so far from being an obstacle in the way of his

own success, had been an additional incitement to the course taken by

the council.

So the earl, the enemy of America, went out; and the colonial agent had

shown him the door, with all England looking on. It was a mortification

which Hillsborough could never forgive, and upon four occasions, when

Franklin made the conventional call to pay his respects, he did not find

his lordship at home. At his fifth call he received from a lackey a very

plain intimation that there was no chance that he ever would find the

ex-secretary at home, and thereafter he desisted from the forms of

civility. "I have never since," he said, "been nigh him, and we have

only abused one another at a distance." Franklin had fully balanced one

account at least.

So far as the special matter in hand was concerned, the worsting of

Hillsborough, though a gratification, did not result in the bettering of

Franklin and his co-petitioners. April 6, 1773, he wrote: "The affair of

the grant goes on but slowly. I do not yet clearly see land. I begin to

be a little of the sailor's mind, when they were landing a cable out of

a store into a ship, and one of 'em said: ''T is a long heavy cable, I

wish we could see the end of it.' 'Damn me,' says another, 'if I believe

it has any end; somebody has cut it off.'" A cable twisted of British

red tape was indeed a coil without an end. In this case, before the

patent was granted, Franklin had become so unpopular, and the Revolution

so imminent, that the matter was dropped by a sort o£ universal consent.

[Illustration: Hillsborough]

Franklin rejoiced in this departure of Hillsborough as a good riddance

of a man whom he thought to be as "double and deceitful" as any one he

had ever met. It is possible that, as he had been instrumental in

creating the vacancy, he may also have assisted in some small degree in

disposing of the succession. One day he was complaining of Hillsborough

to a "friend at court," when the friend replied that Hillsborough was

wont to represent the Americans "as an unquiet people, not easily

satisfied with any ministry; that, however, it was thought too much

occasion had been given them to dislike the present;" and the question

was asked whether, in case of Hillsborough's removal, Franklin "could

name another likely to be more acceptable" to his countrymen. He at once

suggested Lord Dartmouth. This was the appointment which was now made,

in August, 1772, and the news of which gave much satisfaction to all the

"friends of America." For Dartmouth was of kindly disposition, and when

previously president of the board of trade had shown a liberal temper in

provincial affairs.

The relationship between Franklin and Lord Dartmouth opened

auspiciously. Franklin waited upon him at his first levee, at the close

of October, 1772, and was received "very obligingly." Further Franklin

was at once recognized as agent for Massachusetts, with no renewal of

the caviling as to the manner of his appointment, from which he

hopefully augured that "business was getting into a better train." A

month later he reported himself as being still "upon very good terms"

with the new minister, who, he had "reason to think, meant well by the

colonies." So Dartmouth did, undoubtedly, and if the best of intentions

and of feelings could have availed much at this stage of affairs,

Franklin and his lordship might have postponed the Revolution until the

next generation. But it was too late to counteract the divergent

movements of the two nations, and no better proof could be desired of

the degree to which this divergence had arrived than the fact itself

that the moderate Franklin and the well-disposed Dartmouth could not

come into accord. Each people had declared its political faith, its

fundamental theory; and the faith and theory of the one were fully and

fairly adverse to those of the other; and the instant that the talk went

deep enough, this irreconcilable difference was sure to be exposed.

During the winter of 1772-73, following Lord Dartmouth's appointment, a

lively dispute arose in Massachusetts between the Assembly and Governor

Hutchinson. It was the old question, whether the English Parliament had

control in matters of colonial taxation. The governor made speeches and

said Yea, while the Assembly passed resolutions and said Nay. The early

ships, arriving in England in the spring of 1773, brought news of this

dispute, which seemed to have been indeed a hot one. The English

ministry were not pleased; they wanted to keep their relationship with

the colonies tranquil for a while, because there was a renewal of the

danger of a war with Spain. Therefore they were vexed at the over-zeal

of Hutchinson; and Lord Dartmouth frankly said so. Franklin called one

day upon the secretary and found him much perplexed at the

"difficulties" into which the governor had brought the ministers by his

"imprudence." Parliament, his lordship said, could not "suffer such a

declaration of the colonial Assembly, asserting its independence, to

pass unnoticed." Franklin thought otherwise: "It is _words_ only," he

said; "acts of Parliament are still submitted to there;" and so long as

such was the case "Parliament would do well to turn a deaf ear....Force

could do no good." Force, it was replied, might not be thought of, but

rather an act to lay the colonies "under some inconveniences, till they

rescind that declaration." Could they by no possibility be persuaded to

withdraw it? Franklin was clearly of opinion that the resolve could only

be withdrawn after the withdrawal of the speech which it answered, "an

awkward operation, which perhaps the governor would hardly be directed

to perform." As for an act establishing "inconveniences," probably it

would only put the colonies, "as heretofore, on some method of

incommoding this country till the act is repealed; and so we shall go on

injuring and provoking each other instead of cultivating that good will

and harmony so necessary to the general welfare." Divisions, his

lordship admitted, "must weaken the whole; for we are yet _one empire_,

whatever may be the opinions of the Massachusetts Assembly." But how to

escape divisions was the conundrum. Could his lordship withhold from

Parliament the irritating documents, though in fact they were already

notorious, and "hazard the being called to account in some future

session of Parliament for keeping back the communication of dispatches

of such importance?" He appealed to Franklin for advice; but Franklin

would undertake to give none, save that, in his opinion, if the

dispatches should be laid before Parliament, it would be prudent to

order them to lie on the table. For, he said, "were I as much an

Englishman as I am an American, and ever so desirous of establishing the

authority of Parliament, I protest to your lordship I cannot conceive of

a single step the Parliament can take to increase it that will not tend

to diminish it, and after abundance of mischief they must finally lose

it." So whenever the crucial test was applied these two men found

themselves utterly at variance, and the hopelessness of a peaceful

conclusion would have been obvious, had not each shunned a prospect so

painful.

It must be confessed that, if Lord Dartmouth was so pathetically

desirous to undo an irrevocable past, Dr. Franklin was no less anxious

for the performance of a like miracle. Both the statesman and the

philosopher would have appreciated better the uselessness of their

efforts, had their feelings been less deeply engaged. Franklin's vain

wish at this time was to move the peoples of England and America back to

the days before the passage of the Stamp Act. "I have constantly given

it as my opinion," he wrote, early in 1771, "that, if the colonies were

restored to the state they were in before the Stamp Act, they would be

satisfied and contend no farther." Two and a half years later, following

the fable of the sibylline books, he expressed the more extreme opinion

that "the letter of the two houses of the 29th of June, proposing as a

satisfactory measure the restoring things to the state in which they

were at the conclusion of the late war, is a fair and generous offer on

our part, ... and more than Britain has a right to expect from us.... If

she has any wisdom left, she will embrace it, and agree with us

immediately."

But the insuperable trouble was that, at the close of the last war and

before the passage of the Stamp Act, the controversy upon the question

of right had been unborn. Now, having come into being, this controversy

could not be laid at rest by a mere waiver; it was of that nature that

its resurrection would be sure and speedy. Anything else would have

been, of course, the practical victory of the colonies and defeat of

England; and the English could not admit that things had reached this

pass as yet. If England should not renounce her right, the colonies

would always remain uneasy beneath the unretracted assertion of it; if

she should never again seek to exercise it, she would be really

yielding. It was idle to talk of such a state of affairs; it could not

be brought about, even if it were conceivable that each side could be

induced to repeal all its acts and resolves touching the subject,--and

even this preliminary step was what no reasonable man could anticipate.

In a word, when Franklin longed for the restoration of the _status quo

ante_ the Stamp Act, he longed for a chimera. A question had been

raised, which was of that kind that it could not be compromised, or set

aside, or ignored, or forgotten; it must be _settled_ by the recession

or by the defeat of one contestant or the other. Nothing better than a

brief period of restless and suspicious truce could be gained by an

effort to restore the situation of a previous date, even were such

restoration possible, since the intervening period and the memory of its

undetermined dispute concerning a principle could not be annihilated.

Still Franklin persistently refused to despair, so long as peace was

still unbroken. Until blood had been shed, war _might_ be avoided. This

was no lack of foresight; occasionally an expression escaped him which

showed that he fully understood the drift of affairs and saw the final

outcome of the opposing doctrines. In 1769 he said that matters were

daily tending more and more "to a breach and final separation." In 1771

he thought that any one might "clearly see in the system of customs to

be exacted in America by act of Parliament, the seeds sown of a total

disunion of the countries, though as yet that event may be at a

considerable distance." By 1774 he said, in an article written for an

English newspaper, that certain "angry writers" on the English side were

using "their utmost efforts to persuade us that this war with the

colonies (for a war it will be) is a national cause, when in fact it is

a ministerial one." But he very rarely spoke thus. It was at once his

official duty as well as his strong personal wish to find some other

exit from the public embarrassments than by this direful conclusion.

Therefore, so long as war did not exist he refused to admit that it was

inevitable, and he spared no effort to prevent it, leaving to fervid

orators to declare the contrary and to welcome it; nor would he ever

allow himself to be discouraged by any measure of apparent hopelessness.

His great dread was that the colonies might go so fast and so far as to

make matters incurable before thinking people were ready to recognize

such a crisis as unavoidable. He seldom wrote home without some words

counseling moderation. He wanted to see "much patience and the utmost

discretion in our general conduct." It must not, however, be supposed

that such language was used to cover any lukewarmness, or irresolution,

or tendency towards halfway or temporizing measures. On the contrary, he

was wholly and consistently the opposite of all this. His moderation was

not at all akin to the moderation of Dickinson and such men, who were

always wanting to add another to the long procession of petitions and

protests. He only desired that the leading should be done by the wise

men, so as not to have a Braddock's defeat in so grave and perilous an

undertaking. He feared that a mob might make an irrevocable blunder, and

the mischievous rabble create a condition of affairs which the real

statesmen of the provinces could neither mend nor excuse. Certainly his

anxiety was not without cause. He warned his country people that there

was nothing which their enemies in England more wished than that, by

insurrections, they would give a good pretense for establishing a large

military force in the colonies. As between friends, he said, every

affront is not worth a duel, so "between the governed and governing

every mistake in government, every encroachment on right, is not worth a

rebellion." So he thought that an "immediate rupture" was not in

accordance with "general prudence," for by "a premature struggle," the

colonies might "be crippled and kept down another age." No one, however,

was more resolute than he that the mistakes and encroachments which had

occurred should not be repeated. An assurance against such repetition,

he tried to think, might be effected within a reasonably short time by

two peaceful influences. One of these was a cessation of all colonial

purchases of English commodities; the other was the rapid increase of

the visible strength and resources of the colonies. He was urgent and

frequent in reiterating his opinion of the great efficacy of the

non-purchasing agreements. It is a little odd to find him actually

declaring that, if the people would honestly persist in these

engagements, he "should almost wish" the obnoxious act "never to be

repealed;" for, besides industry and frugality, such a condition of

things would promote a variety of domestic manufactures. In a word, this

British oppression would bring about all those advantages for the infant

nation, which, through the medium of the protective tariff, have since

been purchased by Americans at a vast expense. Moreover, the money which

used to be sent to England in payment for superfluous luxuries would be

kept at home, to be there laid out in domestic improvements. Gold and

silver, the scarcity of which caused great inconvenience in the

colonies, would remain in the country. All these advantages would accrue

from a course which at the same time must give rise in England itself to

a pressure so extreme that Parliament could not long resist it. "The

trading part of the nation, with the manufacturers, are become sensible

how necessary it is for their welfare to be on good terms with us. The

petitioners of Middlesex and of London have numbered among their

grievances the _unconstitutional_ taxes on America; and similar

petitions are expected from all quarters. So that I think we need only

be quiet, and persevere in our schemes of frugality and industry, and

the rest will do itself." But it was obvious that, if the measures were

not now persisted in until they should have had their full effect, a

like policy could never again be resorted to; and Franklin gave it as

his belief that, "if we do persist another year, we shall never

afterwards have occasion to use" the remedy.

To him it seemed incredible that the people of America should not

loyally persist in a policy of non-importation of English goods. Not

only was the doing without these a benefit to domestic industries, but

buying them was a direct aid and maintenance to the oppressor. He said:

"If our people will, by consuming such commodities, purchase and pay for

their fetters, who that sees them so shackled will think they deserve

either redress or pity? Methinks that in drinking tea, a true American,

reflecting that by every cup he contributed to the salaries, pensions,

and rewards of the enemies and persecutors of his country, would be half

choked at the thought, and find no quantity of sugar sufficient to make

the nauseous draught go down."[29]

[Note 29: See also letter to Marshall, April 22, 1771, _Works_, x.

315.]

In this connection he was much "diverted" and gratified by the results

of the Stamp Act, and especially of the act laying the duty on tea. The

gross proceeds of the former statute, gathered in the West Indies and

Canada, since substantially nothing was got in the other provinces, was

£1500; while the expenditure had amounted to £12,000! The working of the

Customs Act had been far worse. According to his statement, the

unfortunate East India Company, in January, 1773, had at least

£2,000,000, some said £4,000,000, worth of goods which had accumulated

in their warehouses since the enactment, of which the chief part would,

in the natural condition of business, have been absorbed by the

colonies. The consequence was that the company's shares had fallen

enormously in price, that it was hard pressed to make its payments, that

its credit was so seriously impaired that the Bank of England would not

help it, and that its dividends had been reduced below the point at and

above which it was obliged to pay, and heretofore regularly had paid,

£400,000 annually to the government. Many investors were painfully

straitened, and not a few bankruptcies ensued. Besides the loss of this

annual stipend the treasury was further the sufferer by the great

expense which had been incurred in endeavoring to guard the American

coast against smugglers; with the added vexation that these costly

attempts had, after all, been fruitless. Fifteen hundred miles of shore

line, occupied by people unanimously hostile to the king's revenue

officers, presented a task much beyond the capabilities of the vessels

which England could send thither. So the Dutch, the Danes, the Swedes,

and the French soon established a thriving contraband trade; the

American housewives were hardly interrupted in dispensing the favorite

beverage; the English merchant's heavy loss became the foreign

smuggler's aggravating gain; and the costly sacrifice of the East India

Company fell short of effecting the punishment of the wicked Americans.

Franklin could not "help smiling at these blunders." Englishmen would

soon resent them, he said, would turn out the ministry that was

responsible for them, and put in a very different set of men, who would

undo the mischief. "If we continue firm and united, and resolutely

persist in the non-consumption agreement, this adverse ministry cannot

possibly stand another year. And surely the great body of our people,

the farmers and artificers, will not find it hard to keep an agreement

by which they both save and gain." Thus he continued to write so late as

February, 1775, believing to the last in the efficacy of this policy.

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