Free trade no less than agrarianism characterized physiocracy. Although

Franklin indicated his antagonism toward governmental restraint of

trade, internal and among nations, in his antipathy toward British

mercantilism, it was not until after he became impregnated with French

doctrine that he began to express very fully his advocacy of free trade.

After Connecticut imposed a 5% duty on goods imported from neighboring

colonies, Franklin wrote to Jared Eliot in 1747 that it was likely that

the duty would devolve on the consumer and be "only another mode of

Taxing" the purchaser. In addition he recognized that smuggling,

virtually a colonial art, would cause the "fair Trader" to "be undersold

and ruined."[i-232] He urged that the import duty might suggest

selfishness, and might also tend to deter Connecticut commerce. Here, it

must be admitted, Franklin did not sanction free trade with a priori

appeals to the "natural order," the key in the arch of physiocracy. He

rather appealed to the instincts and observations of the prudential

tradesman. His _Plan for Regulating Indian Affairs_ (1766), unlike his

1747 letters, _suggested_ (if it did not express concretely) inviolable

laws of commerce in the words: "It seems contrary to the Nature of

Commerce, for Government to interfere in the Prices of Commodities....

It therefore seems to me, that Trade will best find and make its own

Rates; and that Government cannot well interfere, unless it would take

the whole Trade into its own hands ... and manage it by its own Servants

at its own Risque."[i-233] To Dupont de Nemours he admitted that British

mercantilism had not achieved "that wisdom which sees the welfare of the

parts in the prosperity of the whole."[i-234] To Sir Edward Newenham,

representing the County of Dublin, he expressed admiration for Irish

efforts to secure freedom of commerce, "which is the right of all

mankind." "To enjoy all the advantages of the climate, soil, and

situation in which God and nature have placed us, is as clear a right as

that of breathing; and can never be justly taken from men but as a

punishment for some atrocious crime."[i-235] Three years before he met

Quesnay (though after he had read Dupont de Nemours's letters to

Templeman), Franklin sanctioned free trade through appeal to other than

utilitarian prudence: first he admitted that British restraint of

colonial commerce, for example with the West Indies, will tend to

prevent colonists from making remittances for British manufactured

goods, since "The Cat can yield but her skin." Then with a suggestion of

philosophic generalization he hoped that "In time perhaps Mankind may be

wise enough to let Trade take its own Course, find its own Channels, and

regulate its own Proportions, etc."[i-236] Restraint of manufactures

"deprive[s] us of the Advantage God & Nature seem to have intended

us.... So selfish is the human Mind! But 'tis well there is One above

that rules these Matters with a more equal Hand. He that is pleas'd to

feed the Ravens, will undoubtedly take care to prevent a Monopoly of the

Carrion."[i-237] Glorifying the husbandman and suggesting that trade

restrictions disturb a natural order, Franklin wrote to David Hartley in

1783 that Great Britain has tended to impede "the mutual communications

among men of the gifts of God, and rendering miserable multitudes of

merchants and their families, artisans, and cultivators of the earth,

the most peaceable and innocent part of the human species."[i-238]

That Franklin was not without his influence in eighteenth-century

economic thought we may gather from Dugald Stewart's opinion that "the

expressions _laissez-faire_ and, _pas trop gouverner_ are indebted

chiefly for their extensive circulation to the short and luminous

comments of Franklin, which had so extraordinary an influence on public

opinion in the old and new world."[i-239] Mr. Carey maintains that

Franklin, unlike the physiocrats, inveighed against trade regulations

because they led to smuggling rather than because to any important

degree they violated the "natural order." The physiocrats are tenuous,

amorphous, and ambiguous when they seek to define _L'Ordre naturel_. At

times Dupont de Nemours seems to identify it with a primitivistic

past.[i-240] Quesnay, on the other hand, says: "Natural right is

indeterminate in a state of nature. The right only appears when justice

and labour have been established."[i-241] Again, he asserts: "By

entering society and making conventions for their mutual advantage men

increase the scope of natural right without incurring any restriction of

their liberties, for this is just the state of things that enlightened

reason would have chosen."[i-242] Natural order is a "providential

order": "Its laws are irrevocable, pertaining as they do to the essence

of matter and the soul of humanity. They are just the expression of the

will of God."[i-243] According to the physiocrats, the laws of the

natural order are "unique, eternal, invariable, and universal."[i-244]

Now it is true that nowhere did Franklin assert that his advocacy of

laissez faire and agrarianism was neatly dependent on these a priori

bases. Even though this is true, there are references (quoted above)

which seem to suggest that trade restrictions are violations of the very

nature of things. It is not wholly fanciful (bearing in mind Franklin's

adoration of a Deity who is the creator and sustainer of immutable,

universal physical laws which together present the mind with the concept

of a vast, wonderfully harmonized physical machine) to conjecture to

what extent this matchless physical harmony tended to challenge him with

the possibility of discovering a parallel economic machine operating

according to immutable laws capable of proof and human adaptability.

O. H. Taylor has shown that "The evolution of the idea of 'laws' in

economics has closely paralleled its evolution in the natural

sciences."[i-245] In searching for these economic constants, "the

economic mechanism was regarded as a wise device of the Creator for

causing individuals, while pursuing only their own interests, to promote

the prosperity of society; and for causing the right adjustment to one

another of supplies, demand, prices, and incomes, to take place

automatically, in consequence of the free action of all

individuals."[i-246] After giving due weight to the fact that Franklin

saw in the doctrine of the physiocrats trenchant arguments to buttress

his attacks on British mercantilism, one has cogent evidence for at

least raising the question, To what extent may his apprehension of a

demonstrable physical harmony have suggested to his speculative mind an

economic analogy?[i-247]

VI. FRANKLIN'S POLITICAL THEORIES

Plague of the Pennsylvania proprietaries, propagandist of the American

Revolution, moderator of the Constitutional Convention, Franklin was all

through his life a politician and statesman in an age characterized

above all by political speculations and changes in the destiny of

states. Colonial patriot, "arch rebel of King George III," "idol of the

court of Versailles," Franklin was a cyclopedia of political strategy

and principles. Only through a genetic survey of Franklin the political

theorist can one hope to understand his mind as he changed from

imperialist, to revolutionist, to the patriarch of the Constitutional

Convention who, like a balance wheel, moderated the extreme party

factions.

In the early 1720's, Franklin had breathed a Boston air saturated with

discontent between the royal governor and the governed. By 1730 he was

printer to the Pennsylvania Assembly and in 1736 was appointed clerk to

that body. Yet one learns little of his political biases until 1747,

when he published _Plain Truth_. In 1729 he genially asserted that he

was "no Party-man,"[i-248] and in 1746 temperately stated,

Free from the bitter Rage of Party Zeal,

All those we love who seek the publick Weal.[i-249]

His _Plain Truth_ (November, 1747), directed against the proprietary

governor as well as against the Quaker assembly, showed Franklin a party

man only if one dedicated to "the publick weal" was a party man. With

all respect for the Quaker conscience which checks military activity,

Franklin could not, however, condone its virtually prohibiting others

from defending the province's border. And the proprietaries had shown

an inveterate unwillingness to arm Pennsylvania--a reluctance which did

not, however, prevent them from collecting taxes and quitrents. On other

questions the governor and his chiefs had to contend with the opposition

of the assembly. Without opposition, the proprietary government could

serenely kennel itself in its medieval privilege of remaining dumb to an

urgent need: one remembers that eighteenth-century proprietary colonies

were "essentially feudal principalities, upon the grantees of which were

bestowed all the inferior regalities and subordinate powers of

legislation which formerly belonged to the counts palatine, while

provision was also made for the maintenance of sovereignty in the king

[the king paid little attention to Pennsylvania], and for the

realization of the objects of the grant."[i-250] While the government

remained inert, Pennsylvania would be a pawn in the steeled hands of the

French and their rum-subsidized Indian mercenaries. Appealing to

Scripture and common sense, Franklin pleaded for "Order, Discipline, and

a few Cannon."[i-251] Not untruthfully he warned that "we are like the

separate Filaments of Flax before the Thread is form'd, without

Strength, because without Connection, but UNION would make us strong,

and even formidable."[i-252] Since war existed, there was no need to

consider him a militarist because he challenged, "The Way to secure

Peace is to be prepared for War."[i-253] In the midst of _Plain Truth_

Franklin uttered what only _before_ the time of Locke could be

interpreted in terms of feudal _comitatus_: he entreated his readers to

consider, "if not as Friends, at least as Legislators, that _Protection_

is as truly due from the Government to the People, as _Obedience_ from

the People to the Government."[i-254] Suggestive of the contract theory,

this is revolutionary only in a very elementary way. With the French

writhing under the Treaty of Paris, with appeals to natural rights and

the right of revolution, this once harmless principle took on Gargantuan

significance. But Thomas Penn anticipated wisely enough the ultimate

implication of Franklin's paper; Penn intuitively saw the march of time:

"Mr. Franklin's doctrine that obedience to governors is no more due them

than protection to the people, is not fit to be in the heads of the

unthinking multitude. He is a dangerous man and I should be glad if he

inhabited any other country, as I believe him of a very uneasy spirit.

However, as he is a sort of tribune of the people, he must be treated

with regard."[i-255] It is difficult to see how Franklin's passion for

order and provincial union,[i-256] obviously necessary, could have been

considered so illiberally subversive of the government. By 1747 Franklin

had read in _Telemachus_ that kings exist for the people, not the people

for the kings; he must have read Locke's justification of the "Glorious

Revolution" and have become aware of the impetus it gave to the British

authority of consent in its subsequent constitutional history.

After his first political pamphlet, he widened his horizon from

provincial to colonial affairs. Two years before the London Board of

Trade demanded that colonial governors hold a conference with the

Iroquois, Franklin seems to have devised plans for uniting the several

colonies. He was aware of the narrow particularism shown by the

provinces; he knew also that since "Governors are often on ill Terms

with their Assemblies," no concerted military efforts could be achieved

without a military federation.[i-257] One remembers that as soon as he

could think politically he was an imperialist, a lesser William Pitt,

and in his _Increase of Mankind_ (1751) could gloat over an envisioned

thickly populated America--"What an Accession of Power to the _British_

Empire by Sea as well as Land!"[i-258] When the Board of Trade, after

British efforts to bring the colonies together had failed, demanded that

something be done, Franklin was appointed one of the commissioners to

meet at Albany in 1754. Like Franklin, Governor Glen had admitted that

the colonies were "a Rope of Sand ... loose and inconnected."[i-259]

Franklin's plan, adopted by the commissioners, called for a

Governor-General "appointed by the king" and a Grand Council made up of

members chosen by the Assembly of each of the colonies, the Governor "to

have a negation on all acts of the Grand Council, and carry into

execution whatever is agreed on by him and that Council."[i-260] Surely

not a very auspicious beginning for one who later was to favor the

legislative over the executive functions of state. The plan included the

powers of making Indian treaties of peace and war, of regulating Indian

trade and Indian purchases, of stimulating the settling of new lands, of

making laws to govern new areas, of raising soldiers, of laying general

duties, et cetera.[i-261] But Franklin did not minimize the lack of

cohesion of the colonies. We recollect that "in 1755, at a time when

their very existence was threatened by the French, Massachusetts and New

York engaged in a bitter boundary controversy leading to riot and

bloodshed."[i-262] The colonies refused to ratify the plan--"their weak

Noddles are perfectly distracted,"[i-263] wrote Franklin. He was

probably right when he observed in 1789 that had the plan been adopted

"the subsequent Separation of the Colonies from the Mother Country might

not so soon have happened."[i-264] The sending of British regulars to

America and the resulting efforts at taxation were not least among the

sparks which set off the Revolution.

Franklin's _Three Letters to Governor Shirley_ (1754), while expressing

no credulous views of the wisdom of the people, maintained in one breath

that the colonists were loyal to the Constitution and Crown as ever

colonists were and in another that "it is supposed an undoubted right of

Englishmen, not to be taxed but by their own consent given through their

representatives."[i-265] (Shirley had apparently written that the

Council in the Albany Plan should be appointed by England, and not by

the colonial assemblies.) Franklin held for the colonists' right to

English civil liberty and the right to enjoy the Constitution. Here

again we find a factor later magnified into one of the major causes of

the Revolution.

In addition to being lethargic in the defense of the Pennsylvania

borders, the proprietor refused "to be taxed except for a trifling Part

of his Estate, the Quitrents, located unimprov'd Lands, Money at

Interest, etc., etc., being exempted by Instructions to the

Governor."[i-266] Thereupon Franklin turned from colonial affairs

(which had indeed proved obstinate) to pressing local matters, when in

1757 he was appointed agent to go to London to demand that the

proprietor submit his estates to be taxed. In the _Report of the

Committee of Aggrievances of the Assembly of Pennsylvania_[i-267] (Feb.

22, 1757) it was charged that the proprietor had violated the royal

charter and the colonists' civil rights as Englishmen, and had abrogated

their natural rights, rights "inherent in every man, antecedent to all

laws."[i-268] Later it was but a short step from provincial matters to

colonial rights of revolution. In this _Report_ we see Franklin

associated for the first time expressly with the

throne-and-altar-defying concept of natural rights.

Although we have yet to review the evidence which shows that Franklin at

one stage in his political career was an arch-imperialist, we need to

digress to observe an intellectual factor which, if only fragmentarily

expressed in his political thought during his activities in behalf of

Pennsylvania liberties, was to become a momentous sanction when during

the war he became a diplomat of revolution. From the Stoics, from

Cicero, Grotius, Puffendorf, Burlamaqui, and as Rev. Jonathan

Mayhew[i-269] observes, from Plato and Demosthenes, from Sidney, Milton,

Hoadley, and Locke; in addition, from Gordon and Trenchard (see _Cato's

Letters_ and _The Independent Whig_), Blackstone, Coke--from these and

many others, the colonists derived a pattern of thought known as natural

rights, dependent on natural law.[i-270] There is no better summary of

natural rights than the Declaration of Independence; and of it John

Adams remarked: "There is not an idea in it but what has been hackneyed

in Congress for two years before."[i-271] Carl Becker pointedly

observes: "Where Jefferson got his ideas is hardly so much a question as

where he could have got away from them."[i-272] A characteristic summary

of natural law may be found in Blackstone's _Commentaries_:[i-273]

This law of nature being coeval with mankind, and dictated by

God himself, is of course superior in obligation to any

other. It is binding over all the globe, in all countries and

at all times: no human laws are of any validity, if contrary

to this; and such of them as are valid derive all their force

and all their authority, mediately or immediately, from this

original.[i-274]

Discoverable only by reason, natural laws are immutable and universal,

apprehensible by all men. As Hamilton wrote,

The origin of all civil government, justly established, must

be a voluntary compact between the rulers and the ruled, and

must be liable to such limitations as are necessary for the

security of the _absolute rights_ of the latter; for what

original title can any man, or set of men, have to govern

others, except their own consent? To usurp dominion over a

people in their own despite, or to grasp at a more extensive

power than they are willing to intrust, is to violate that

law of nature which gives every man a right to his personal

liberty, and can therefore confer no obligation to

obedience.[i-275]

In a pre-social state, real or hypothetical, men possess certain

natural rights, the crown of them, according to Locke,[i-276] being "the

mutual preservation of their lives, liberties, and estates, which I call

by the general name, property." In entering the social state men through

free consent are willing to sacrifice fragments of their natural rights

in order to gain civil rights. This process would seem tyrannical were

one to forget that the surrender is sanctioned by the principle of

consent. Men in sacrificing their rights expect from society (i.e., the

governors) civil rights and, in addition, protection of their

unsurrendered natural rights. A voluntary compact is achieved between

the governor and the governed. If laws are fabricated which contravene

these, the governed have retained for themselves the right of forcible

resistance. A natural inference from these premises is that sovereignty

rests with the people. In the colonies this secular social compact was

buttressed by the principle of covenants and natural rights within the

churches. Sermons became "textbooks of politics."[i-277] Miss Baldwin

has ably illustrated how before 1763 the clergy in Franklin's native New

England had popularized the "doctrines of natural right, the social

contract, and the right of resistance" as well as "the fundamental

principle of American constitutional law, that government, like its

citizens, is bounded by law and when it transcends its authority it acts

illegally."[i-278]

In an oration commemorating the Boston massacre Dr. Benjamin Church

stated the principle of the compact: "A sense of their wants and

weakness in a state of nature, doubtless inclined them to such

reciprocal aids and support, as eventually established society."[i-279]

Defining liberty as "the happiness of living under laws of our own

making by our personal consent or that of our representatives,"[i-280]

he warned that any breach of trust in the governor "effectually absolves

subjects from every bond of covenant and peace."[i-281]

Then, too, Newtonian science buttressed the principle of natural rights.

Sir Isaac Newton demonstrated mathematically that the universe was

governed by a fagot of immutable, universal, and harmonious physical

laws. These were capable of being apprehended through reason. Now even

as reason discovered the matchless physical harmony, so could reason,

men argued, ferret out unvarying, universal principles of

social-political rights. These principles constituted natural rights,

natural to the extent that all men had the power, if not the capacity,

to discover and learn them through use of their native reason. Newton

demonstrated the validity of physical law: Locke sanctioned the

supremacy of reason. Since Franklin was himself motivated by Newtonian

rationalism and was a student of Locke, there is reason to believe that

he was vibrantly aware of the extent to which the

scientific-rationalistic ideology lent sanction to man's timeless quest

for the certitude of "natural rights," antecedent to all laws.

Franklin's mission to London in 1757 as Pennsylvania agent may be

understood through an examination of _An Historical Review of the

Constitution and Government of Pennsylvania_ (London, 1759).[i-282] If

not written by him, at least "the ideas are his." Convinced that the

proprietors "seem to have no regard to the Publick Welfare, so the

private Point may be gained--'Tis like Firing a House to have

Opportunity of stealing a Trencher,"[i-283] Franklin knew that a

brilliant attack had to be made were he to intimidate the proprietary

government into assuming its charter responsibilities and granting the

colonists what they considered to be inviolable rights. By 1758 his

"Patience with the Proprietors is almost tho' not quite spent."[i-284] A

few months later, impatient with unresponsive officials, he wrote to

Joseph Galloway: "God knows when we shall see it finish'd, and our

Constitution settled firmly on the Foundation of Equity and English

Liberty: But I am not discouraged; and only wish my Constituents may

have the Patience that I have, and that I find will be absolutely

necessary."[i-285] In 1759 Franklin still found the proprietors

"obscure, uncertain and evasive," and was acutely virulent in despising

Rev. William Smith, who was in London attacking him and the Quaker

Assembly's demands.[i-286] In the same letter to Galloway he uttered a

thought which he sought to develop during his second trip to London as

Assembly agent in 1764: "For my part, I must own, I am tired of

Proprietary Government, and heartily wish for that of the Crown."

Turning to _An Historical Review_ to learn the political principles

sanctioning the Assembly's grievances against its feudal lords, one

finds that the colonists conceived it "our duty to defend the rights and

privileges we enjoy under the royal charter."[i-287] Secondly, they

reminded the lords that the laws agreed upon in England (prior to the

settling of Pennsylvania) were "of the nature of an original compact

between the proprietary and the freemen, and as such were reciprocally

received and executed."[i-288] Thirdly, they demanded the right to

exercise the "birthright of every British subject," "to have a property

of [their] own, in [their] estate, person, and reputation; subject only

to laws enacted by [their] own concurrence, either in person or by

[their] representatives."[i-289] Fourthly, they resisted the proprietors

on basis of their possession of natural rights, "antecedent to all

laws."[i-290] The editor of the protest charged that "It is the cause of

every man who deserves to be free, everywhere."[i-291] It is ironic that

this grievance should have enjoyed the sanction of one who, like Lord

Chatham, was an empire builder, one who proudly wrote, "I am a Briton,"

and even during the time he sought to retrieve the Pennsylvania

colonists' lost natural rights, entertained the ideas of a British

imperialist. Franklin little saw that the internal Pennsylvania struggle

was to be contagious, that the provincial revolt was motivated partially

at least by political theories which were to be given expression _par

excellence_ when a discontented minority created the Declaration of

Independence. In 1760 Franklin had the satisfaction of witnessing the

victory of the Assembly over the Proprietors, although he was not

unaware that the right to tax feudal lands was less than that right he

had already envisioned--the right to become a royal colony.[i-292]

But Franklin's pleas for charter, constitutional, and natural rights may

be misleading if one considers his position as suggestive of doctrinaire

republicanism, of Paine's "Government is the badge of our lost

innocence," or of Shelley's

Kings, priests, and statesmen blast the human flower.

His political activities assert the rights of the governed against the

governor; his writings often indirectly suggest the intemperance of the

governed, and the need for something more lasting than mere outer

freedom. Like Coleridge, who wrote:

[Man] may not hope from outward forms to win

The passion and the life, whose fountains are within,

white-locked Father Abraham harangued:

The Taxes are indeed very heavy, and if those laid on by the

Government were the only Ones we had to pay, we might more

easily discharge them; but we have many others, and much more

grievous to some of us. We are taxed twice as much by our

_Idleness_, three times as much by our _Pride_, and four

times as much by our _Folly_; and from these Taxes the

Commissioners cannot ease or deliver us by allowing an

Abatement.[i-293]

With solid good sense Franklin acknowledged that "happiness in this

life rather depends on internals than externals."[i-294]

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