He was a member of the convention which in 1776 framed a new

constitution for Pennsylvania, and in this instrument he secured the

adoption of two of his favorite ideas. He believed that a Legislature

should consist of only one House, and that the executive authority,

instead of being vested in a single person, should be exercised by a

committee. The executive department of Pennsylvania became, therefore, a

Supreme Executive Council of twelve members elected by the different

counties. In order to make up for the lack of a double House, there was

a sort of makeshift provision providing that every bill must pass two

sessions of the Assembly before it became a law. There was also a

curious body called the Council of Censors, two from each city and

county, who were to see that the constitution was not violated and that

all departments of government did their duty. It was a crude and awkward

attempt to prevent unconstitutional legislation, and proved an utter

failure. The whole constitution was a most bungling contrivance which

wrought great harm to the State and was replaced by a more suitable one

in 1790.

But Franklin heartily approved of it, and in 1790 protested most

earnestly against a change. He argued at length against a single

executive and in favor of a single house Legislature in the teeth of

innumerable facts proving the utter impracticability of both. No other

important public men of the time believed in them, and they had been

rejected in the national Constitution. He was, however, as humorous and

clever in this argument as if he had been in the right. A double-branch

Legislature would, he said, be too weak in each branch to support a good

measure or obstruct a bad one.

"Has not the famous political fable of the snake with two heads

and one body some useful instruction contained in it? She was

going to a brook to drink, and in her way was to pass through a

hedge, a twig of which opposed her direct course; one head chose

to go on the right side of the twig, the other on the left; so

that time was spent in the contest, and, before the decision was

completed, the poor snake died with thirst." (Bigelow's Works of

Franklin, vol. x. p. 186.)

After Franklin had taken part in framing the Pennsylvania constitution

of 1776 and had gone to Paris as ambassador to France, he had all the

new Revolutionary constitutions of the American States translated into

French and widely circulated. Much importance has been attached to this

translation by some writers, Thomas Paine saying that these translated

constitutions "were to liberty what grammar is to language: they define

its parts of speech and practically construct them into syntax;" and

both he and some of Franklin's biographers ascribe to them a vast

influence in shaping the course of the French Revolution. Franklin wrote

to the Rev. Dr. Cooper, of Boston, that the French people read the

translations with rapture, and added,--

"There are such numbers everywhere who talk of removing to

America with their families and fortunes as soon as peace and

our independence shall be established that it is generally

believed we shall have a prodigious addition of strength, wealth

and arts from the emigration of Europe; and it is thought that

to lessen or prevent such emigration the tyrannies established

there must relax and allow more liberty to their people. Hence

it is a common observation here that our cause is the cause of

all mankind and that we are fighting for their liberty in

defending our own."

As there was none of the vast emigration out of France which he speaks

of, and the great emigration from Europe did not begin until after the

year 1820, it may very well be that both he and his biographers have

exaggerated the effect of the translations. But there seems to be no

doubt that the translations must, on general principles, have had a

stimulating effect on liberal ideas, although we may not be able to

measure accurately the full force of their influence. They also were

valuable in arousing the enthusiasm of the French forces, and making

more sure of their assistance and alliance.

His last work in constitution-making was in 1787, when the convention

met at Philadelphia to frame the national document which was to take the

place of the old Articles of Confederation, and this was also the last

important work of his life. He was then eighty-one years old, and

suffering so much from the gout and stone that he could not remain

standing for any length of time. His important speeches he usually wrote

out and had his colleague, Mr. Wilson, read them to the convention. This

was in some respects an advantage, for these speeches have been

preserved entire in Madison's notes of the debates, while what was said

by the other members was written by Madison from memory or much

abbreviated. It was Franklin's characteristic good luck attending him to

the last.

Considering his age and infirmity, one would naturally not expect much

from him, and, as we go over the debates, some propositions which he

advocated and his treatment by the other members incline us at first to

the opinion that he had passed his days of great usefulness, and that he

was in the position of an old man whose whims are treated with kindness.

One of the principles which he advocated most earnestly was that the

President, or whatever the head of the government should be called,

should receive no salary. He moved to amend the part relating to the

salary by substituting for it "whose necessary expenses shall be

defrayed, but who shall receive no salary, stipend, fee, or reward

whatsoever for their services."

He wrote an interesting speech in support of his amendment. But it is

easy to see that his suggestion is not a wise one. No one familiar with

modern politics would approve of it, and scarcely any one in the

convention looked upon it with favor. Madison records that Hamilton

seconded the motion merely to bring it before the House and out of

regard for Dr. Franklin. It was indefinitely postponed without debate,

and Madison adds that "it was treated with great respect, but rather for

the author of it than from any apparent conviction of its expediency or

practicability."

He also clung steadfastly to his old notions that the executive

authority should be vested in a number of persons,--a sort of council,

like the absurd arrangement in Pennsylvania,--and that the Legislature

should consist of only one House. These two propositions he advocated to

the end of the session. We find, moreover, that he seconded the motion

giving the President authority to suspend the laws for a limited time,

certainly a most dangerous power to give, and very inconsistent with

Franklin's other opinions on the subject of liberty.

On the other hand, however, we find him opposing earnestly any

restrictions on the right to vote. He was always urging the members to

a spirit of conciliation and a compromise of their violent opinions on

the ground that it was only by this means that a national government

could be created. It was for this purpose that he proposed the daily

reading of prayers by some minister of the Gospel, which was rejected by

the convention, because, as they had not begun in this way, their taking

it up in the midst of their proceedings would cause the outside world to

think that they were in great difficulties.

He was strongly in favor of a clause allowing the President to be

impeached for misdemeanors, which would, he said, be much better than

the ordinary old-fashioned way of assassination; and he was opposed to

allowing the President an absolute veto on legislation. All matters

relating to money should, he thought, be made public; there should be no

limitation of the power of Congress to increase the compensation of the

judges, and very positive proof should be required in cases of treason.

In these matters he was in full accord with the majority of the

convention.

But his great work was done in settling the question of the amount of

representation to be given to the smaller States, and was accomplished

in a curious way. John Dickinson, of Delaware, was the champion of the

interests of the small commonwealths, which naturally feared that if

representation in both Houses of Congress was to be in proportion to

population, their interests would be made subordinate to those of the

States which outnumbered them in inhabitants. This was one of the most

serious difficulties the convention had to face, and the strenuousness

with which the small States maintained their rights came near breaking

up the convention.

Franklin was in favor of only one House of Congress, with the

representation in it proportioned to population, and he made a most

ingenious and fallacious argument to show that there was more danger of

the smaller States absorbing the larger than of the larger swallowing

the smaller. But, in the hope of conciliating Dickinson and his

followers, he suggested several compromises, the first one of which was

very cumbersome and impracticable and need not be mentioned here. It

seemed to take for granted that there was to be only one House of

Congress.

Afterwards, when it was definitely decided to have two Houses, the

question as to the position of the smaller States was again raised in

deciding how the Senate was to be composed. Some were for making its

representation proportional to population, like that of the lower House,

and this the small States resisted. Franklin said that the trouble

seemed to be that with proportional representation in the Senate the

small States thought their liberties in danger, and if each State had an

equal vote in the Senate the large States thought their money was in

danger. He would, therefore, try to unite the two factions. Let each

State have an equal number of delegates in the Senate, but when any

question of appropriating money arose, let these delegates "have

suffrage in proportion to the sums which their respective States do

actually contribute to the treasury." This was not very practical, but

it proved to be a step which led him in the right direction.

A few days afterwards, in a committee appointed to consider the

question, he altered his suggestion so that in the lower House the

representation should be in proportion to population, but in the Senate

each State should have an equal vote, and that money bills should

originate only in the lower House. The committee reported in favor of

his plan, and it was substantially adopted in the Constitution. The

lower House was given proportional representatives, and the Senate was

composed of two Senators from each State, which gave absolute equality

of representation in that body to all the States. Money bills were

allowed to originate only in the lower House, but the Senate could

propose or concur with amendments as on other bills.

Thus the great question was settled by one of those strokes of

Franklin's sublime luck or genius. He disapproved of the whole idea of a

double-headed Congress, and thought the fears of the small States

ridiculous; but, for the sake of conciliation and compromise with John

Dickinson and his earnest followers, his masterful intellect worked out

an arrangement which satisfied everybody and is one of the most

important fundamental principles of our Constitution. Without it there

would be no federal union. We would be a mere collection of warring,

revolutionary communities like those of South America. It has never been

changed and in all human probability never will be so long as we

retain even the semblance of a republic.

[Illustration: FRANKLIN'S GRAVE IN CHRIST CHURCH GRAVEYARD,

PHILADELPHIA]

This was Franklin's greatest and most permanent service to his country,

more valuable than his work in England or France, and a fitting close to

his long life. The most active period of his life, as he has told us,

was between his seventieth and eighty-second years. How much can be done

in eighty vigorous years, and what labors had he performed and what

pleasures and vast experiences enjoyed in that time! Few men do their

best work at such a great age. Moses, however, we are told, was eighty

years old before he began his life's greatest work of leading the

children of Israel out of Egypt. But it would be difficult to find any

other instances in history except Franklin.

After the Constitution as prepared by the convention had been engrossed

and read, it became a question whether all the members of the convention

could be persuaded to sign it, and Franklin handed one of his happy

speeches to Mr. Wilson to be read. He admitted that the Constitution did

not satisfy him; it was not as he would have had it prepared; but still

he would sign it. With all its faults it was better than none. A new

convention would not make a better one, for it would merely bring

together a new set of prejudices and passions. He was old enough, he

said, to doubt somewhat the infallibility of his own judgment. He was

willing to believe that others might be right as well as he; and he

amused the members with his humor and the witty story of the French lady

who, in a dispute with her sister, said, "I don't know how it happens,

sister, but I meet with nobody but myself that is always in the right."

"It therefore astonishes me, sir, to find this system

approaching so near to perfection as it does; and I think it

will astonish our enemies, who are waiting with confidence to

hear that our councils are confounded, like those of the

builders of Babel, and that our States are on the point of

separation, only to meet hereafter for the purpose of cutting

one another's throats....

"On the whole, sir, I cannot help expressing a wish, that every

member of the Convention who may still have objections to it,

would with me on this occasion doubt a little of his own

infallibility, and, to make _manifest_ our _unanimity_, put his

name to this instrument."

At the close of the reading of his speech Franklin moved that the

Constitution be signed, and offered as a convenient form,--

"Done in Convention by the unanimous consent of the States

present the 17th day of September, etc. In witness whereof we

have hereunto subscribed our names."

Madison explains that this form, with the words "consent of the States,"

had been drawn up by Gouverneur Morris to gain the doubtful States'

rights party. It was given to Franklin, he says, "that it might have the

better chance of success."

"Whilst the last members were signing," says Madison, "Dr.

Franklin, looking towards the president's chair, at the back of

which a rising sun happened to be painted, observed to a few

members near him that painters had found it difficult to

distinguish in their art a rising from a setting sun. 'I have,'

said he, 'often and often in the course of the session and the

vicissitudes of my hopes and fears as to its issue, looked at

that behind the president, without being able to tell whether it

was rising or setting, but now at length I have the happiness to

know that it is a rising and not a setting sun.'"

So Franklin, from whose life picturesqueness and charm were seldom

absent, gave, in his easy manner, to the close of the dry details of the

convention a touch of beautiful and true sentiment which can never be

dissociated from the history of the republic he had helped to create.

FOOTNOTES:

[29] Pp. 218, 231-236.

Appendix to Page 104

FRANKLIN'S DAUGHTER, MRS. FOXCROFT

It was impossible in the text at page 104 to give in full all the

letters which showed that Mrs. Foxcroft was Franklin's daughter. Most of

them, however, were cited. It seems necessary now to give them in full,

because since the book was first published the correctness of the

statement in the text has been questioned; and the reasons for

questioning it have been set forth by a reviewer in a New York newspaper

called _The Nation_. A reply to this review appeared in _Lippincott's

Magazine_ for May, 1899, and this reply, so far as it relates to Mrs.

Foxcroft, was as follows:

The best way to discuss the above statement, and a great deal

more nonsense that the reviewer has written on this subject, is

to give in full the letters and reasons which have led the

members of the Historical Society of Pennsylvania to believe

that a certain manuscript letter in the possession of the

society showed that Franklin had an illegitimate daughter.

The letter itself, which Mr. Fisher gives in his book, is

addressed to Franklin at his Craven Street lodgings in London,

and is as follows:

PHILADA. Feby. 2d, 1772.

Dear Sir:

I have the happiness to acquaint you that your daughter was

safely brot to Bed the 20th ulto. and presented me with a

sweet little girl, they are both in good spirits and are

likely to do very well.

I was seized with a Giddyness in my head the Day before

yesterday as I had 20 oz. of blood taken from me and took

physick wch does not seem in the least to have relieved me.

I am hardly able to write this. Mrs. F. Joins me in best

affections to yourself and compts to Mrs. Stevenson and Mr.

and Mrs. Huson.

I am Dr Sir

yrs affectionately

JOHN FOXCROFT.

Mrs. Franklin, Mrs. Bache, little Ben & Family at Burlington

are all well. I had a letter from yr. Govr. yesterday.

J. F.

It is to be observed that the above letter is an entirely serious one

from beginning to end; there is no attempt to joke or make sport, as

some of Franklin's correspondents did; and the first sentence in the

letter states that the writer's wife was Franklin's daughter and that

she had given birth to a girl. The letter is apparently written to

announce that event to Franklin. Such a statement, made by a man about

his wife, is certainly deserving of serious consideration. Would he on

such an occasion and in such a manner have said that she was Franklin's

daughter unless he firmly believed that she was?

If she was Franklin's daughter, as her husband describes her, she must

have been illegitimate, for it is well known that Franklin's only

legitimate daughter was Mrs. Sarah Bache.

John Foxcroft, the writer of the letter, is well known as the deputy

postmaster of Philadelphia at that time, and Franklin was

postmaster-general of the Colonies. Foxcroft and Franklin were close

friends and often corresponded on business matters. We shall give,

therefore, the letters of Franklin to Foxcroft in which he refers to

Mrs. Foxcroft as his daughter, and we shall give them in full, so that

the connection can be seen. Some of these letters are in the collection

of Franklin's papers in the State Department at Washington, and have

been copied from that source. Others are from the collection of the

American Philosophical Society at Philadelphia, and one or two can be

found in Bigelow's "Works of Franklin."

American Philosophical Society Collection, vol. xlv., No. 46:

LONDON, Feb. 4, 1772.

MR. FOXCROFT,

Dear Friend

I have written two or three small letters to you since my return

from Ireland and Scotland. I now have before me your favours of

Oct. 1, Nov. 5 and Nov. 13.

Mr. Todd has not yet shown me that which you wrote to him about

the New Colony, tho he mentioned it and will let me see it, I

suppose, when I call on him. I told you in one of mine, that he

had advanced for your share what has been paid by others, tho I

was ready to [torn] and shall in the whole Affair take the same

care of your interests as of my own. You take notice that Mr.

Wharton's friends will not allow me _any Merit_ in this

transaction, but insist _the Whole_ is owing to his superior

Abilities. It is a common error in Friends when they would extol

their Friend to make comparison and depreciate the merit of

others. It was not necessary for his Friends to do so in this

case. Mr. Wharton will in truth have a good deal of Merit in the

Affair if it succeeds, he having been exceedingly active and

industrious in soliciting it, and in drawing up Memorials and

Papers to support the Application, remove objections &c. But tho

I have not been equally active (it not being thought proper that

I should appear much in the solicitation since I became a little

obnoxious to the Ministry on acct. of my Letters to America) yet

I suppose my Advice may have been thought of some use since it

has been asked in every step, and I believe that being longer

and better known here than Mr. Wharton, I may have lent some

weight to his Negotiations by joining in the Affair, from the

greater confidence men are apt to place in one they know than in

a stranger. However, as I neither ask or expect any particular

consideration for any service I may have done and only think I

ought to escape censure, I shall not enlarge on this invidious

topic. Let us all do our endeavours, in our several capacities,

for the common Service, and if one has the ability or

opportunity of doing more for his Friends than another let him

think that a happiness and be satisfied.

The Business is not yet quite completed and as many Things

happen between the Cup and the Lip, perhaps there may be nothing

of this kind for Friends to dispute about. For if no body should

receive any Benefit there would be no scrambling for the Honour.

Stavers is in the wrong to talk of my promising him the Rider's

Place again. I only told him that I would (as he requested it)

recommend him to Mr. Hubbard to be replaced if it could be done

without impropriety or inconveniency. This I did & the rather as

I had always understood him to have been a good honest punctual

Rider. His behaviour to you entitles him to no Favour, and I

believe any Application he may make here will be to little

purpose.

In yours from N York of July 3 you mention your intention of

purchasing a Bill to send hither as soon as you return home from

your journey. I have not since received any from you, which I

only take notice of to you, that if you have sent one you may

not blame me for not acknowledging the Receipt of it.

In mine of April 20 I explained to you what I had before

mentioned that in settling our private Account I had paid you

the sum of 389£ (or thereabouts) in my own Wrong, having before

paid it for you to the General Post Office. I hope that since

you have received your Books and looked over the Accounts you

are satisfied of this. I am anxious for your Answer upon it, the

sum being large and what cannot prudently for you or me be left

long without an Adjustment.

My Love to my Daughter and compliments to your Brother, I am

ever my dear Friend

Yours most affectionately

B FRANKLIN

The above letter is taken from the copy kept by Franklin in his own

handwriting in the collection of the American Philosophical Society.

The same letter, with some verbal differences and without the last

clause relating to the daughter, appears in Bigelow's "Works of

Franklin," vol. iv., p. 473.

Library of State Department, Washington, 11 R, 8:

LONDON, Oct. 7, 1772.

MR. FOXCROFT,

Dear Sir--

I had no line from you by this last Packet, but find with

Pleasure by yours to Mr. Todd that you and yours are well.

The affair of the Patent is in good Train and we hope, if new

Difficulties unexpected do not arise, we may get thro' it as

soon as the Board meet. We are glad you made no Bargain [torn]

your Share and hope none of our Partners [torn] do any such

thing; for the Report of such a Bargain before the Business is

completed might overset the whole.

Mr. Colden has promised by this Packet that we shall certainly

have the Accounts by the next. If they do not come I think we

shall be blamed, and he will be superseded; For their Lordships

our masters are incensed with the long Delay.

I hope you have by this time examined our private Accounts as

you promised, and satisfyd yourself that I did, as I certainly

did, pay you that Ballance of about 389£ in my own wrong. It

would relieve me of some uneasiness to have the Matter settled

between us, as it is a Sum of Importance and in case of Death

might be not so easily understood as while we are both living.

With love to my Daughter and best Wishes of Prosperity to you

both, and to the little one, I am ever my dear Friend

Yours most affectionately,

B. FRANKLIN

Library of State Department, Washington, 11 R, 12:

LONDON Nov 3 1772

MR. FOXCROFT

Dear Sir

I received your Favour of June 22d by Mr. Finlay and shall be

glad of an opportunity of rendering him any service on your

Recommendation. There does not at present appear to be any

Disposition in the Board to appoint a Riding Surveyor, nor does

Mr. Finlay seem desirous of such an Employment. Everything at

the Office remains as when I last wrote only the Impatience for

the Accounts seems increasing. I hope they are in the October

Packet now soon expected agreeable to Mr. Colden's last

promise.

I spent a Fortnight lately at West Wycomb with our good master

Lord Le Despencer and left him well.

The Board has begun to act again and I hope our Business will

again go forward.

My love to my Daughter concludes from

Your affectionate Friend

and humble servant

B. F.

There is a letter to Foxcroft in the Library of the State Department,

Washington, 11 R, 8, dated London, December 2, 1772, which need not

perhaps be given in full, because Franklin sends love to his daughter

and then crosses it out as follows:

I can now only add my Love to my Daughter and best Wishes of

Happiness to you and yours from Dear Friend

Yours most affectionately

B. FRANKLIN.

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