LITMIR.BIZ

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sue Lord Loudon for damages.

      As Oxenstiern's son was enjoined by his father to do, Franklin had gone out into the world and seen with what little wisdom it is ruled. "On the whole," he says in the Autobiography, "I wonder'd much how such a man came to be intrusted with so important a business as the conduct of a great army; but, having since seen more of the great world, and the means of obtaining, and motives for giving places, my wonder is diminished."

      The Autobiography makes it evident enough that for Loudon Franklin came to entertain the heartiest contempt.15 His Lordship's movements in 1757 he stigmatized as frivolous, expensive and disgraceful to the nation beyond conception. He was responsible, Franklin thought, for the loss of Fort George, and for the foundering of a large part of the Carolina fleet, which, for lack of notice from him, remained anchored in the worm-infested waters of Charleston harbor for three months, after he had raised his embargo on the exportation of provisions. Nor does Franklin hesitate to charge that this embargo, while laid on the pretence of cutting off the enemy from supplies, was in reality laid for the purpose of beating down the price of provisions in the interest of the contractors, in whose profits, it was suspected, that Loudon had a share. Not only did his Lordship decline, on the shallow pretext that he did not wish to mix his accounts with those of his predecessors, to give Franklin the order that he had promised him for the payment of the balance, still due him on account of Braddock's expedition, though liquidated by his own audit, but, when Franklin urged the fact that he had charged no commission for his services, as a reason why he should be promptly paid, his Lordship cynically replied, "O, Sir, you must not think of persuading us that you are no gainer; we understand better those affairs, and know that everyone concerned in supplying the army finds means, in the doing it, to fill his own pockets."

      Franklin and his son arrived in London on July 27, 1757. Shortly after he had settled down in his lodgings, he called upon Dr. Fothergill, whose counsel he had been advised to obtain, and who thought that, before an application was made to the British Government, there should be an effort to reach an understanding with the Penns themselves. Then took place the interview between Franklin and Lord Granville, at which his Lordship, after some preliminary discourse, expressed this alarming opinion:

      You Americans have wrong ideas of the nature of your constitution; you contend that the King's instructions to his governors are not laws, and think yourselves at liberty to regard or disregard them at your own discretion. But those instructions are not like the pocket instructions given to a minister going abroad, for regulating his conduct in some trifling point of ceremony. They are first drawn up by judges learned in the laws; they are then considered, debated, and perhaps amended in Council, after which they are signed by the king. They are then, so far as they relate to you, the law of the land, for the King is the LEGISLATOR OF THE COLONIES.

      The correctness of this opinion was combated by Franklin. He told his Lordship that this was new doctrine to him, and that he had always understood from the American charters that the colonial laws were to be enacted by the assemblies of the Colonies, and that, once enacted and assented to by the King, the King could not repeal or alter them, and that, as the colonial assemblies could not make laws for themselves without his assent, so he could not make laws for them without their assent. The great man's reply was as brief as a great man's reply is only too likely to be when his opinions are questioned by his inferiors. It was merely that Franklin was totally mistaken. Franklin did not think so, and, concerned for fear that Lord Granville might be but expressing the sentiment of the Court, he wrote down what had been said to him as soon as he returned to his lodgings. The utterance reminded him that some twenty years before a bill had been introduced into Parliament by the ministry of that time containing a clause, intended to make the King's instructions laws in the Colonies, but that the clause had been stricken out of it by the House of Commons. For this, he said, the Colonies adored the Commons, as their friends and the friends of liberty, until it afterwards seemed as if they had refused the point of sovereignty to the King only that they might reserve it for themselves.

      A meeting between the Proprietaries and Franklin was arranged by Doctor Fothergill. It assumed the form that such meetings are apt to assume, that is of mutual professions of an earnest desire to agree, repetition of the old antagonistic reasonings and a disagreement as stubborn as before. However, it was agreed that Franklin should reduce the complaints against the Proprietaries to writing, and that the Proprietaries were to consider them. When the paper was drawn, they submitted it to their solicitor, Ferdinand John Paris, who had represented them in the celebrated litigation between the Penns and the Lords Baltimore over the boundary line between Pennsylvania and Maryland, and had written all their papers and messages in their disputes with the Pennsylvania Assembly. "He was," says Franklin, "a proud, angry man, and as I had occasionally in the answers of the Assembly treated his papers with some severity, they being really weak in point of argument and haughty in expression, he had conceived a mortal enmity to me." With Paris, Franklin refused to discuss the points of his paper, and the Proprietaries then, on the advice of Paris, placed it in the hands of the Attorney- and Solicitor-Generals for their opinion and advice. By them no answer was given for nearly a year, though Franklin frequently called upon the Proprietaries for an answer only to be told that they had not yet received the opinion of their learned advisers. What the opinion was when it was finally rendered the Proprietaries did not let Franklin know, but instead addressed a long communication, drawn and signed by Paris, to the Assembly, reciting the contents of Franklin's paper, complaining of its lack of formality as rudeness, and justifying their conduct. They would be willing, they said, to compose the dispute, if the Assembly would send out some person of candor to treat with them. Franklin supposed that the incivility imputed to him consisted in the fact that he had not addressed the Proprietaries by their assumed title of True and Absolute Proprietaries of the Province of Pennsylvania.

      The letter of the Proprietaries was not answered by the Assembly. While they were pretending to treat with Franklin, Governor Denny had been unable to withstand the pressure of his situation, and, at the request of Lord Loudon, had approved an act subjecting the estates of the Penns to taxation. When this Act was transmitted to England, the Proprietaries, upon the advice of Paris, petitioned the King to withhold his assent from it, and, when the petition came on for hearing, the parties were represented by counsel. On the one hand it was contended that the purpose of the Act was to impose an oppressive burden upon the Proprietary estates, and that the assessment under it would be so unequal because of the popular prejudice against the Penns that they would be ruined. To this it was replied that the Act was not conceived with any such purpose, and would not have any such effect, that the assessors were honest and discreet men under oath, and that any advantage that might inure to them individually from over-assessing the property of the Proprietaries would be too trifling to induce them to perjure themselves. It was also urged in opposition to the petition that the money, for which the Act provided, had been printed and issued, and was now in the hands of the inhabitants of the Province, and would be deprived of all value, to their great injury, if the Act did not receive the royal assent merely because of the selfish and groundless fears of the Proprietaries. At this point, Lord Mansfield, one of the counsel for the Proprietaries, led Franklin off into a room nearby, while the other lawyers were still pleading, and asked him if he was really of the opinion that the Proprietary estate would not be unfairly taxed if the Act was executed. "Certainly," said Franklin. "Then," said he, "you can have little objection to enter into an engagement to assure that point." "None at all," replied Franklin. Paris was then called in, and, after some discussion, a paper, such as Lord Mansfield suggested, was drawn up and signed by Franklin and Mr. Charles, who was the agent of Pennsylvania for ordinary purposes, and the law was given the royal assent with the further engagement, upon the part of Franklin and Mr. Charles, that it should be amended in certain respects by subsequent legislation. This legislation, however, the Assembly afterwards declined to enact when a committee, appointed by it, upon which it was careful to place several close friends of the Proprietaries, brought in an unanimous report stating that the yearly tax levied before the order of the Council reached Pennsylvania had been imposed with perfect fairness as between the Proprietaries and the other tax-payers.

      In the most important respect, therefore, Franklin's mission to England had resulted in success. The principle was established by the Crown that the estate of the Proprietaries was subject to taxation

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