Temple, who was something of a swordsman, soon discovered that Whately knew nothing of the art, and he chivalrously tried to wound him slightly, so as to end the encounter. But Whately slashed and cut in a bungling way that was extremely dangerous; and Temple, finding that he was risking his life by his magnanimity, aimed a thrust which would have killed Whately if he had not seized the blade in his left hand. As it was, it wounded him severely in the side, and he suggested that the fight end. But his opponent in this extraordinary duel was deaf, and, recovering his sword, as Whately slipped forward he wounded him in the back of the shoulder.
Izard and Arthur Lee, of Virginia, now arrived on the scene and separated the combatants. One result of not fighting in the regular manner with witnesses was that some people believed, from the wound on Whately’s back, that Temple had attempted to stab him when he was down. Meantime Franklin, who had been out of town on one of his pleasant excursions, returned to London and, hearing that another duel between the two was imminent, published a letter in the newspapers announcing that he was the person who had obtained and sent the letters to Massachusetts, and that they had never been in the possession of the executor and consequently could not have been stolen from him by Temple.
He supposed that he had ended the difficulty most handsomely, and he continued to hope for good results from making the letters public. But the ministry and the Tories had now the opportunity they wanted. They saw a way to deprive him of his office of postmaster and attack his character. He had admitted sending the letters to Massachusetts. But how had he obtained them? How did he get possession of the private letters of a deceased member of the government; letters, too, that every one had been warned not to allow to get into a colonial agent’s hands? If the distinguished man of science whose fascinating manner and conversation were the delight of London drawing-rooms and noblemen’s country-seats had stepped down from the heights of philosophy to do this sort of work, why, then, his great reputation and popularity need no longer be considered as protecting him.
It was unfortunate that Franklin sent these letters to Massachusetts in the way that has been described. At the same time it is rather too much to expect that he should have foreseen all the results. But after more than a hundred years have passed we can perhaps review the position of the Tory government a little more calmly than has been usual.
Let us suppose that the Spanish minister in the United States should get possession of letters sent from Spain by our minister there to the Secretary of State at Washington; and we will assume also that these letters relate to a matter of serious controversy between our country and Spain, and are the private communications from our minister to the Secretary of State. If the Spanish minister should send these letters to his government, and that government should publish them in its own and our newspapers, would there not be considerable indignation in America? Would it not be said that the Spanish minister was here to conduct diplomatic negotiations in the usual way and not for the purpose of securing possession of the private documents of our government? Would it not be assumed at once that he must have bribed some one to give him the letters, or got them in some other clandestine way? and would not his country in all probability be asked to recall him?
Then, too, we must remember that Franklin’s argument that the colonies were all loyal and needed only a little kind treatment was in the eyes of the Tories a pious sham; and they were somewhat justified in thinking so. It is true, indeed, that outside of Massachusetts the people were very loyal, and determined not to break with Great Britain unless they were forced to it. But in Massachusetts Samuel Adams was laboring night and day to force a breach. He had as much contempt as the Tories for Franklin’s peace and love policy, and thought it ridiculous that such a man should be the agent for Massachusetts. He was convinced that there never would be peace, that it was not desirable, and that the sooner there were war and independence the better.
The Tory government knew all this; it knew of the committees of correspondence that the Boston patriots were inaugurating to inflame the whole country; it knew all these things, from the reports of the royal governors and other officials in the colonies, and it was probably better acquainted with the real situation than was Franklin. There may still be read among the documents of the British government the affidavits of the persons who followed Samuel Adams about and took down his words when he was secretly inciting the lower classes of the people in Boston to open rebellion.[27] About the time that Whately and Temple fought their duel, in December, 1773, the tea was thrown overboard in Boston harbor, and it is now generally believed that Samuel Adams inspired and encouraged this act as one which would most surely lead to a breach with the mother country.
The school-book story of the “Boston Tea Party” has been so deeply impressed upon our minds as one of the glorious deeds of patriotism that its true bearings are obscured. There were many patriots at the time who did not consider it a wise act. Besides Boston, the tea was sent by the East India Company to Charleston, Philadelphia, and New York, and in these cities the people prevented its being landed and sold; but they did not destroy it. They considered that they had a right to prevent its landing and sale; that in doing this they were acting in a legal and constitutional manner to protect their rights; but to destroy it would have been both a riotous act and an attack on private property.
The Tory ministry, while having no serious objection to the method adopted in Charleston, Philadelphia, and New York, considered the Boston method decidedly riotous, and from its point of view such a conclusion was natural. It seemed to be of a piece with all the other occurrences which Hutchinson and Oliver had described in their letters, and it confirmed most strongly all the statements and recommendations in those letters. It was decided to punish Boston in a way that she would remember, and in the following March, after careful deliberation, Parliament passed the Boston Port Bill, which locked up the harbor of that town, destroyed for the time her commerce, and soon brought on the actual bloodshed of the Revolution.
Meantime the ministry also attended to Franklin’s case. The Privy Council sent word to Franklin that it was ready to take up the petition of the Massachusetts Assembly asking for the removal of Governor Hutchinson, and required his presence as the colony’s agent. He found that Hutchinson and Oliver had secured as counsel Alexander Wedderburn, a Scotch barrister, afterwards most successful in securing political preferment, and ending his career as Lord Rosslyn. Franklin had no counsel, and asked for a postponement of three weeks to obtain legal aid and prepare his case, which was granted.