tinued, I thought it best (since the power of in commerce, since all we could spare was parliament to make them was now disputed) already gained from us by Britain in that that they should be re-enacted in all the colo- way; and secondly, that coming into the nies, which would demonstrate their consent hands of British ministers, accustomed to proto them and then if, as in the sixth article, digality of public money, it would be squanall the duties arising on them were to be col- dered and dissipated, answering no good gelected by officers appointed and salaried in neral purpose. That if we were to be taxed the respective governments, and the produce towards the support of government in Britain, paid into their treasuries, I was sure the acts as Scotland has been since the union, we would be better and more faithfully executed, ought then to be allowed the same privileges and at much less expense, and one great in trade as she has been allowed. That if we source of misunderstanding removed between are called upon to give to the sinking fund or the two countries, viz. the calumnies of low the national debt, Ireland ought to be likewise officers appointed from home, who were for called upon; and both they and we, if we gave, ever abusing the people of the country to go- ought to have some means established of invernment, to magnify their own zeal, and re- quiring into the application, and securing a commend themselves to promotion. That the compliance with the terms on which we extension of the admiralty jurisdiction, so should grant. That British ministers would, much complained of, would then no longer be perhaps, not like our meddling with such necessary; and that besides its being the in-matters; and that hence might arise new terest of the colonies to execute those acts, which is the best security, government might be satisfied of its being done, from accounts to be sent home by the naval officers of the 4th article. The gentlemen were satisfied with these reasons, and approved the 3d and 4th articles; so they were to stand. The 5th they apprehended would meet with difficulty. They said, that restraining manufactures in the colonies was a favourite idea here; and therefore they wished that article to be omitted, as the proposing it would alarm and hinder, perhaps, the considering and granting others of more importance: but as I insisted on the equity of allowing all subjects in every country to make the most of their natural advantages, they desired I would at least alter the last word from repealed to reconsidered, which I complied with. causes of misunderstanding. That upon the whole, therefore, I thought it best on all sides, that no aids shall be asked or expected from the colonies in time of peace; that it would then be their interest to grant bountifully, and exert themselves vigorously in time of war, the sooner to put an end to it. That specie was not to be had to send to England, in supplies, but the colonies could carry on war with their own paper money; which would pay troops, and for provisions, transports, carriages, clothing, arms, &c. So this 7th article was at, length agreed to without further objec tion. The 8th, the gentlemen were confident would never be granted. For the wholę world would be of opinion that the king, who is to defend all parts of his dominions, should have, of course, a right to place his troops where they might best answer that purpose. I In maintaining the 7th article, (which was at first objected to, on the principle that all supported the article upon principles equally under the care of government should pay to- important in my opinion to Britain as to the wards the support of it,) my reasons were, colonies: for that if the king could bring into that if every distinct part of the king's do- one part of his dominions, troops raised in any minions supported its own government in time other part of them, without the consent of the of peace, it was all that could justly be re- legislatures of the part to which they were quired of it;. that all the old or confederated brought, he might bring armies raised in colonies had done so from their beginning; America into England without consent of parthat their taxes for that purpose were very liament, which probably would not like it, as considerable; that new countries had many a few years since they had not liked the inpublic expenses which old ones were free troduction of the Hessians and Hanoverians, from, the works being done to their hands by though justified by the supposition of its being their ancestors, such as making roads and a time of danger. That if there should be bridges, erecting churches, court-houses, forts, at any time real occasion for British troops in quays, and other public buildings, founding America, there was no doubt of obtaining the schools and places of education, hospitals and consent of the assemblies there; and I was so alms-houses, &c. &c.; that the voluntary and far from being willing to drop this article, legal subscriptions and taxes for such purposes, that I thought I ought to add another, requirtaken together, amounted to more than was ing all the present troops to be withdrawn, paid by equal estates in Britain. That it before America could be expected to treat or would be best for Britain, on two accounts, agree upon any terms of accommodation; as not to take money from us as contribution to what they should now do of that kind might its public expense, in time of peace; first, for be deemed the effect of compulsion, the apthat just so much less would be got from us | pearance of which, ought as much as possible to be avoided, since those reasonable things might be agreed to, where the parties seemed at least to act freely, which would be strongly refused under threats, or the semblance of force. That the withdrawing the troops was therefore necessary to make any treaty durably binding on the part of the Americans, since proof of having acted under force, would invalidate any agreement: and it could be no wonder that we should insist on the crown's having no right to bring a standing army among us in time of peace; when we saw now before our eyes a striking instance of the ill use to be made of it, viz. to distress the king's subjects in different parts of his dominions, one part after the other, into a submission to arbitrary power, which was the avowed design of the army and fleet now placed at Boston.-Finding me obstinate, the gentlemen consented to let this stand, but did not seem quite to approve of it: they wished, they said, to have this a paper or plan, that they might show as containing the sentiments of considerate impartial persons, and such as they might as Englishmen support, which they thought could not well be the case with this article. The 9th article was so drawn, in compliance with an idea of Dr. Fothergill's, started at our first meeting, viz. that government here would probably not be satisfied with the promise of voluntary grants in time of war from the assemblies, of which the quantity must be uncertain; that, therefore, it would be best to proportion them in some way to the shillings in the pound raised in England; but how such proportion could be ascertained, he was at a loss to contrive; I was desired to consider it. It had been said, too, that parliament was become jealous of the right claimed and heretofore used by the crown, of raising money in the colonies without parliamentary consent; and therefore, since we would not pay parliamentary taxes, future requisitions must be made with consent of parliament, and not otherwise. I wondered that the crown should be willing to give up that separate right, but had no objection to its limiting itself, if it thought proper: so I drew the article accordingly, and contrived to proportion the aid by the tax of the last year of peace. And since it was thought that the method I should have liked best, would never be agreed to, viz. a continental congress to be called by the crown, for answering requisitions and proportioning aids; I chose to leave room for voluntary additions by the separate assemblies, that the crown might have some motive for calling them together, and cultivating their good will, and they have some satisfaction in showing their loyalty and their zeal in the common cause, and an opportunity of manifesting their disapprobation of a war, if they did not think it a just one. This article therefore met with no objection from them, and I had another reason for liking it, viz. that the view of the proportion to be given in time of war, might make us the more frugal in time of peace. For the 10th article, I urged the injustice of seizing that fortress, (which had been built at an immense charge by the province, for the defence of their port against national enemies,) and turning it into a citadel for awing the town, restraining their trade, blocking up their port, and depriving them of their privileges: that a great deal had been said of their injustice in destroying the tea, but here was a much greater injustice uncompensated, that castle having cost the province three hundred thousand pounds: and that such a use made of * a fortress they had built, would not only effectually discourage every colony from ever building another, and thereby leave them more exposed to foreign enemies, but was a good reason for their insisting that the crown should never erect any hereafter in their limits without the consent of the legislature: the gentlemen had not much to say against this article; but thought it would hardly be admitted. The 11th article it was thought would be strongly objected to; that it would be urged the old colonists could have nothing to do with the affairs of Canada, whatever we had with those of the Massachusetts; that it would be considered as an officious meddling merely to disturb government; and that some even of the Massachusetts acts were thought by administration to be improvements of that government, viz. those altering the appointment of counsellors, the choice of jurymen, and the forbidding of town meetings. I replied, that we having assisted in the conquest of Canada, at a great expense of blood and treasure, had some right to be considered in the settlement of it: that the establishing an arbitrary government on the back of our settlements might be dangerous to us all; and that loving liberty ourselves, we wished it to be extended among mankind, and to have no foundation for future slavery laid in America. That as to amending the Massachusetts government, though it might be shown that every one of these pretended amendments were real mischiefs, yet that charters being compacts between two parties, the king and the people, no alteration could be made in them, even for the better, but by the consent of both parties. That the parliament's claim and exercise of a power to alter our charters, which had always been deemed inviolable but for forfeiture, and to alter laws made in pursuance of these charters which had received the royal approbation, and thenceforth deemed fixed and unchangeable, but by the powers that made them, had rendered all our constitutions uncertain, and set us quite afloat that as by claiming a right to tax us ad libi- | that the influence supposed could never ex tum, they deprived us of all property; so by tend to operate any thing prejudicial to the this claim of altering our laws and charters king's service, or the interest of Britain at will, they deprived us of all privilege and right whatever, but what we should hold at their pleasure that this was a situation we could not be in, and must risk life and every thing rather than submit to it :-so this article remained. since the governor was bound by a set of particular instructions, which he had given surety to observe; and all the laws he assented to were subject to be repealed by the crown if found improper: that the payment of the salaries by the people was more satisfactory to them, as it was productive of a good understanding, and mutual good offices between governor and governed, and therefore the innovation lately made in that respect at Boston and New York, had in my opinion better be laid aside :-so this article was suf fered to remain. But the 14th was thought totally inadmisThe monopoly of the American commerce could never be given up, and the proposing it would only give offence without answering any good purpose. I was therefore prevailed on to strike it wholly out. The 15th was readily agreed to. The 16th it was thought would be of little consequence, if the duties were given to the colony treasuries. The 17th it was thought could hardly be obtained, but might be tried. The 12th article I explained, by acquainting the gentlemen with the former situation of the judges in most colonies, viz. that they were appointed by the crown, and paid by the assemblies that the appointment being during the pleasure of the crown, the salary had been during the pleasure of the assembly: that when it has been urged against the assemblies, that their making judges dependantsible. on them for their salaries, was aiming at an undue influence over the courts of justice; the assemblies usually replied, that making them dependant on the crown for continuance in their places, was also retaining an undue influence over those courts; and that one undue influence was a proper balance for the other; but that whenever the crown would consent to acts making the judges during good behaviour, the assemblies would at the same time grant their salaries to be perma- Thus having gone through the whole, I nent during their continuance in office. This was desired to make a fair copy for Dr. the crown has however constantly refused: Fothergill, who now informed us, that having and this equitable offer is now again here an opportunity of seeing daily lord Dartmouth, proposed; the colonies not being able to con- of whose good disposition he had a high opinceive why their judges should not be render-ion, he would communicate the paper to him, ed as independent as those in England: that, on the contrary, the crown now claimed to make the judges in the colonies dependant on its favour for both place and salary, both to be continued at its pleasure: this the colonies must oppose as inequitable, as putting both the weights into one of the scales of justice: if therefore the crown does not choose to commission the judges during good behaviour, with equally permanent salaries, the alternative proposed, that the salaries continue to be paid during the pleasure of the assemblies as heretofore. The gentlemen allowed this article to be reasonable. as the sentiments of considerate persons who wished the welfare of both countries. Suppose, said Mr. Barclay, I were to show this paper to lord Hyde; would there be any thing amiss in so doing? He is a very knowing man, and though not in the ministry, properly speaking, he is a good deal attended to by them. I have some acquaintance with him, we converse freely sometimes, and perhaps if he and I were to talk these articles over, I should communicate to him our conversation upon them, some good might arise out of it. Dr. Fothergill had no objection; and I said I could have none. I knew lord Hyde a little, The 13th was objected to, as nothing was and had an esteem for him. I had drawn the generally thought more reasonable here, than paper at their request, and it was now theirs that the king should pay his own governor, to do with it what they pleased. Mr. Barin order to render him independent of the clay then proposed, that I should send the fair people, who otherwise might aim at influenc- copy to him, which after making one for Dr. ing him against his duty, by occasionally Fothergill and one for himself, he would rewithholding his salary. To this I answered, turn to me. Another question then arose, that governors sent to the colonies were often whether I had any objection to their mentionmen of no estate or principle, who came ing that I had been consulted? I said, none merely to make fortunes, and had no natural that related to myself; but it was my opinregard for the country they were to govern: ion, if they wished any attention paid to the that to make them quite independent of the propositions, it would be better not to mention people, was to make them careless of their me; the ministry having, as I conceived, a conduct, whether it was beneficial or mis- prejudice against me and every thing that chievous to the public, and giving a loose to came from me. They said on that consideratheir rapacious and oppressive dispositions:tion it might be best not to mention me, and so it was concluded. For my own part, I kept this whole proceeding a profound secret; but I soon after discovered that it had taken air by some means or other. Being much interrupted the day following, I did not copy and send the paper. The next morning I received a note from Mr. Barclay, pressing to have it before twelve o'clock.I accordingly sent it to him. Three days after I received the following note from him : "D. Barclay presents his respects, and acquaints Dr. Franklin, that being informed a pamphlet, entitled A FRIENDLY Address,' has been dispersed to the disadvantage of America, (in particular by the dean of Norwich) he desires Dr. Franklin will peruse the inclosed, just come to hand from America; and if he approves of it, republish it, as D. Barclay wishes something might be properly spread at Norwich. D. Barclay saw to-day a person with whom he had been yesterday, (before he called on Dr. Franklin,) and had the satisfaction of walking part of the way with him to another noble person's house, to meet on the business, and he told him, that he could say, that he saw some light. "Cheapside, 11th inst." The person so met and accompanied by Mr. Barclay, I understood to be lord Hyde, going either to lord Dartmouth's or lord-North's, I knew not which. In the following week arrived the proceedings of the congress, which had been long and anxiously expected, both by the friends and adversaries of America. The petition of congress to the king, was inclosed to me, and accompanied by the following letter from their president, addressed to the American agents in London, as follows: "TO PAUL WENTWORTH, ESQ., DR. BENJA- 66 dom, with our memorial to the people of Great Britain. "We doubt not but that your good sense and discernment will lead you to avail yourselves of every assistance that may be derived from the advice and friendship of all great and good men, who may incline to aid the cause of liberty and mankind. "The gratitude of America, expressed in the inclosed vote of thanks,* we desire may be conveyed to the deserving objects of it, in the manner that you think will be most acceptable to them. "It is proposed, that another congress be held on the 10th of May next, at this place; but in the mean time we beg the favour of you, gentlemen, to transmit to the speakers of the several assemblies, the earliest information of the most authentic accounts you can collect, of all such conduct and designs of ministry or parliament, as it may concern America to know. "We are, with unfeigned esteem and regard, gentlemen, by order of the congress, HENRY MIDDLETON, President." 66 TO THE KING'S MOST EXCELLENT MAJESTY. WE, your majesty's faithful subjects of the colonies of New Hampshire, Massachusetts Bay, Rhode Island New Jersey, Pennsylvania, the counties of Newcastle, and Providence Plantations, Connecticut, New York, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, and South Carolina, in behalf of our deputed us to represent them in general congress, by this our humble petition, beg leave to lay our griev selves and the inhabitants of those colonies who have ances before the throne. A standing army has been kept in these colonies, ever since the conclusion of the late war, without the consent of our assemblies: and this army with a consider able naval armament has been employed to enforce the collection of taxes. The authority of the commander in chief, and under him, of the brigadiers-general has in time of peace been rendered supreme in all the civil governments in America. The commander in chief of all your majesty's forces in North America has, in time of peace, been appointed governor of a colony. The charges of usual offices have been greatly increased; and new, expensive and oppressive offices have been multiplied. The judges of admiralty and vice admiralty courts Philadelphia, October 26, 1774. are empowered to receive their salaries and fees from the effects condemned by themselves. The officers of "Gentlemen,—We give you the strongest the customs are empowered to break open and enter proof of our reliance on your zeal and attach-houses, without the authority of any civil magistrate, ment to the happiness of America, and the cause of liberty, when we commit the inclosed papers to your care. founden civil information. The judges of courts of common law have been made entirely dependant on one part of the legislature for their salaries, as well as for the duration of their commissions. Counsellors holding their commissions during plea. sure, exercise legislative authority. sensatives of the people have been fruitless. The agents Humble and reasonable petitions from the repre "We desire you will deliver the petition into the hands of his majesty; and after it has been presented, we wish it may be made public through the press, together with the list of grievances. And as we hope for great as- This piece is wanting; but it was a vote of congress sistance from the spirit, virtue, and justice of declaratory, in their own names, and in the behalf of all those whom they represented of their most grateful the nation; it is our earnest desire, that the acknowledgments, to those truly noble, honourable, most effectual care be taken, as early as pos- and patriotic advocates of civil and religious liberty, who had so generously and powerfully, though unsuc sible, to furnish the trading cities and manu-cessfully, espoused and defended the cause of America facturing towns throughout the united king- both in and out of parliament. VOL. L... P 10* of the people have been discountenanced, and governors | men, while our minds retain the strongest love of have been instructed to prevent the payment of their salaries. Assemblies have been repeatedly and injuriously dissolved. Commerce has been burdened with many useless and oppressive restrictions. liberty, and clearly foresee the miseries preparing for us and our posterity, excites emotions in our breasts, which, though we cannot describe, we should not wish to conceal. Feeling as men, and thinking as subjects, in the manner we do, silence would be disloyalty By giving this faithful information, we do all in our power to promote the great objects of your royal care, the tranquillity of your government, and the wel fare of your people. By several acts of parliament, made in the fourth, fifth, sixth, seventh, and eighth years of your majesty's reign, duties are imposed on us, for the purpose of raising a revenue, and the powers of admiralty and vice- Duty to your majesty, and regard for the preservation admiralty courts are extended beyond their ancient of ourselves and our posterity, the primary obligations limits, whereby our property is taken from us without of nature and society, command us to entreat your our consent, the trial by jury in many civil cases is royal attention; and as your majesty enjoys the signal abolished, enormous forfeitures are incurred for slight distinction of reigning over freemen, we apprehend the offences, vexatious informers are exempted from paying language of freemen cannot be displeasing. Your royal damages, to which they are justly liable, and oppressive indignation, we hope, will rather fall on those designsecurity is required from owners before they are allowing and dangerous men, who daringly interposing ed to defend their right. themselves between your royal person and your faithBoth houses of parliament have resolved, that colo-ful subjects, and for several years past incessantly emnists may be tried in England, for offences alleged to ployed to dissolve the bonds of society, by abusing your have been committed in America, by virtue of a statute majesty's authority, misrepresenting your American passed in the thirty-fifth year of Henry the Eighth; subjects, and prosecuting the most desperate and irritat and in consequence thereof, attempts have been made ing projects of oppression, have at length compelled to enforce that statute. A statute was passed in the us, by the force of accumulated injuries, too severe to twelfth year of your majesty's reign, directing that be any longer tolerable, to disturb your majesty's repose persons charged with committing any offence therein by our complaints. described, in any place out of the realm, may be indict. ed and tried for the same in any shire or county within the realm, whereby inhabitants of these colonies may, in sundry cases by that statute made capital, be deprived of a trial by their peers of the vicinage. These sentiments are extorted from hearts, that much more willingly would bleed in your majesty's service. Yet so greatly have we been misrepresented, that a necessity has been alleged of taking our property from us without our consent, "to defray the charge of In the last sessions of parliament, an act was passed the administration of justice, the support of civil gofor blocking up the harbour of Boston; another, em vernment, and the defence, protection, and security of powering the governor of the Massachusetts Bay to the colonies." But we beg leave to assure your majes send persons indicted for murder in that province, to ty, that such provision has been and will be made for another colony, or even to Great Britain, for trial; defraying the two first articles, as has been and shall whereby such offenders may escape legal punishment; be judged, by the legislatures of the several colonies, a third, for altering the chartered constitution of go just and suitable to their respective circumstances: vernment in that province; and a fourth, for extending and for the defence, protection, and security of the cothe limits of Quebec, abolishing the English and re- lonies, their militias, if properly regulated, as they earstoring the French laws, whereby great numbers of nestly desire may immediately be done, would be fully British freemen are subjected to the latter, and estab- sufficient, at least in times of peace; and in case of lishing an absolute government, and the Roman Ca- war, your faithful colonists will be ready and willing, tholic religion, throughout those vast regions that as they ever have been when constitutionally requirborder on the westerly and northerly boundaries of the ed, to demonstrate their loyalty to your majesty, by free Protestant, English settlements; and a fifth, for exerting their most strenuous efforts in granting sup the better providing suitable quarters for officers and plies and raising forces. Yielding to no British subjects soldiers in his majesty's service in North America in affectionate attachment to your majesty's person, To a sovereign, who glories in the name of Bri-family, and government, we too dearly prize the privi ton," the bare recital of these acts must, we presume,lege of expressing that attachment by those proofs, that justify the loyal subjects, who fly to the foot of his are honourable to the prince who receives them, and throne, and implore his clemency for protection against to the people who give them, ever to resign it to any them. body of men upon earth. From this destructive system of colony administration, adopted since the conclusion of the last war, have flowed those distresses, dangers, fears, and jealousies, that overwhelm your majesty's dutiful colonists with affliction; and we defy our most subtle and inveterate enemies, to trace the unhappy differences between Great Britan and these colonies, from an earlier period, or from other causes than we have assigned. Had they proceeded on our part from a restless levity of temper, unjust impulses of ambition, or artful suggestions of seditious persons, we should merit the opprobrious terms frequently bestowed upon us, by those we revere; but so far from promoting innovations, we have only opposed them; and can be charged with no offence, unless it be one, to receive injuries and be sensible of them. Had our Creator been pleased to give us existence in a land of slavery, the sense of our condition might have been mitigated by ignorance and habit: but thanks be to his adorable goodness, we were born the heirs of freedom, and ever enjoyed our right under the auspices of your royal ancestors, whose family was seated on the British throne, to rescue and secure a pious and gallant nation from the popery and despotism of a superstitious and inexorable tyrant. Your imajesty, we are confident, justly rejoices that your title to the crown is thus founded on the title of your people to liberty; and therefore we doubt not but your royal wisdom must approve the sensibility, that teaches your subjects anxiously to guard the blessing they received from Divine Providence, and thereby to prove the performance of that compact, which elevated the illustrious house of Brunswick to the imperial dignity it now possesses. Had we been permitted to enjoy in quiet the inheritance left us by our forefathers, we should at this time have been peaceably, cheerfully, and usefully employed in recommending ourselves by every testimony of devotion to your majesty, and of veneration to the state, from which we derive our origin. But though now exposed to unexpected and unnatural scenes of distress, by a contention, with that nation, in whose parental guidance on all important affairs we have hitherto with filial reverence constantly trusted, and therefore can derive no instruction in our present unhappy and perplexing circumstances from any former experience, yet we doubt not the purity of our intention and the integrity of our conduct will justify us at that grand tribunal, before which all mankind must submit to judgment. We ask but for peace, liberty, and safety. We wish not a diminution of the prerogative, nor do we solicit the grant of any new right in our favour. Your royal authority over us, and our connexion with Great Britian, we shall always carefully and zealously endeavour to support and maintain. Filled with sentiments of duty to your majesty, and of affection to our parent state, deeply impressed by our education, and strongly confirmed by our reason, and anxious to evince the sincerity of these disposi tions, we present this petition only to obtain redress of grievances, and relief from fears and jealousies occasioned by the system of statutes and regulations adopted since the close of the late war, for raising a revenue in America-extending the powers of courts of admiralty and vice-admiralty-trying persons in Great Britain for offences alleged to be committed in America-affecting the province of Massachusetts The apprehension of being degraded into a state of Bay; and altering the government and extending the servitude, from the pre-eminent rank of English free-limits of Quebec; by the abolition of which sys |