Benjamin Franklin; Self-Revealed, Volume 2 (of 2) / A Biographical and Critical Study Based Mainly on his own Writings

by Wiliam Cabell Bruce

radical, interwoven in the Constitution, and so become of the very Nature, of Proprietary Governments. And [he added] as some Physicians say, every Animal Body brings into the World among its original Stamina the Seeds of that Disease that shall finally produce its Dissolution; so the Political Body of a Proprietary Government, contains those convulsive Principles that will at length destroy it.

The Proprietary Government of Pennsylvania was bad enough in principle; it was made still worse by the unjust and greedy manner in which it was administered by Thomas and Richard Penn, who were the Proprietaries, when Franklin became a member of the Assembly. The vast estate of William Penn in Pennsylvania, consisting of some twenty-six million acres of land, held subject to the nominal obligation of the owner to pay to the King one fifth of such gold and silver as the Province might yield, descended upon the death of Penn to his sons John, Thomas and Richard, in the proportion of one half to John, as the eldest son, and in the proportion of one fourth each to Thomas and Richard. John died in 1746, after devising his one half share to Thomas; thus making Thomas the owner of three out of the four shares.[13] The political powers of the Proprietaries were exercised by a deputy-governor whose position was in the highest degree vexatious and perplexing. He held his office by appointment of the Proprietaries, who resided in England, and the mode in which he was to discharge his duties was prescribed by rigid "instructions," issued to him by them. His salary, however, was derived from the Assembly, which was rarely at peace with the Proprietary Government. If he obeyed his instructions, he ran the risk of losing his salary; if he disobeyed them, he was certain to lose his place. Incredible as it may now seem, the main duty imposed upon him by his instructions was that of vetoing every tax bill enacted by the Assembly which did not expressly exempt all the located, unimproved and unoccupied lands of the Proprietaries, and all the quitrents, fines and purchase money out at interest, to which they were entitled, that is to say, the greater part of their immense estate. This was the axis about which the bitter controversy between the Popular and Proprietary parties, in which Franklin acquired his political training and reputation, revolved like one of the lurid waterspouts with which a letter that his correspondent John Perkins received from him has been illustrated. The Assembly insisted that they should not be required to vote money for the support of the Proprietary Government, unless the proprietary estate bore its proper share of the common burden. The Governor did not dare to violate his instructions for fear of being removed by his masters, and of being sued besides on the bond by which he had bound himself not to violate them. At times, the feud was so intense and absorbing, that, like a pair of gamecocks, too intent on their own deadly encounter to hear an approaching footstep, the combatants almost lost sight of the fact that, under the shelter of their dissensions, the Indian was converting the frontiers of Pennsylvania into a charred and blood-stained wilderness. Occasionally the Assembly had to yield the point with a reservation asserting that its action was not to be taken as a precedent, and once, when England as well as America was feeling the shock of Braddock's defeat, the pressure of public opinion in England was sufficient to coerce the Proprietaries into adding five thousand pounds to the sum appropriated by the Assembly for the defence of the Province. But, as a general thing, there was little disposition on either side to compromise. The sharpness of the issue was well illustrated in the bill tendered by the Assembly to Governor Morris for his signature after Braddock's defeat. Both before, and immediately after that catastrophe, he had, in reliance upon the critical condition of the public safety, endeavored to drive the Assembly into providing for the defence of the Province without calling upon the proprietary estate for a contribution. The bill in question declared "that all estates, real and personal, were to be taxed, those of the proprietaries not excepted." "His amendment," says Franklin in his brief way, "was, for not read only; a small, but very material alteration."[14]

This dependence of the Governor upon the Assembly for his salary and the dependence of the Assembly upon the Governor for the approval of its enactments brought about a traffic in legislation between them which was one of the most disgraceful features of the Proprietary régime; though it became so customary that even the most honorable Governor did not scruple to engage in it. This traffic is thus described by Franklin in his stirring "Preface to the Speech of Joseph Galloway, Esq.":

Ever since the Revenue of the Quit-rents first, and after that the Revenue of Tavern-Licenses, were settled irrevocably on our Proprietaries and Governors, they have look'd on those Incomes as their proper Estate, for which they were under no Obligations to the People: And when they afterwards concurr'd in passing any useful Laws, they considered them as so many Jobbs, for which they ought to be particularly paid. Hence arose the Custom of Presents twice a Year to the Governors, at the close of each Session in which Laws were past, given at the Time of Passing. They usually amounted to a Thousand Pounds per Annum. But when the Governors and Assemblies disagreed, so that Laws were not pass'd, the Presents were withheld. When a Disposition to agree ensu'd, there sometimes still remain'd some Diffidence. The Governors would not pass the Laws that were wanted, without being sure of the Money, even all that they call'd their Arrears; nor the Assemblies give the Money without being sure of the Laws. Thence the Necessity of some private Conference, in which mutual Assurances of good Faith might be receiv'd and given, that the Transactions should go hand in hand.

This system of barter prevailed even before Franklin became a member of the Assembly, and how fixed and ceremonious its forms sometimes were we can infer from what happened on one of the semi-annual market days during Governor Thomas' administration. Various bills were lying dormant in his hands. Accordingly the House ordered two of its members to call upon him and acquaint him that it had long "waited for his Result" on these bills, and desired to know when they might expect it. They returned and reported that the Governor was pleased to say that he had had the bills long under consideration, and "waited the Result" of the House. Then, after the House had resolved itself into a committee of the whole, for the purpose of taking the "Governor's support" into consideration, there was a further interchange of communications between the House and the Governor; the former reporting "some progress" to the Governor, and the Governor replying that, as he had received assurances of a "good disposition," on the part of the House, he thought it incumbent upon him to show the like on his part by sending down the bills, which lay before him, without any amendment. The manifestation of a good disposition was not the same thing as an actual promise to approve the bills; so the wary assembly simply resolved that, on the passage of such bills as then lay before the Governor, and of the Naturalization Bill, and such other bills as might be presented to him during the pending session, there should be paid to him the sum of five hundred pounds; and that, on the passage of the same bills, there should be paid to him the further sum of one thousand pounds for the current year's support. Agreeably with this resolution, orders were drawn on the Treasurer and Trustees of the Loan-Office, and, when the Governor was informed of the fact, he appointed a time for passing the bills which was done with one hand, while he received the orders in the other. Thereupon with the utmost politeness he thanked the House for the fifteen hundred pounds as if it had been a free gift, and a mere mark of respect and affection. "I thank you, Gentlemen," he said, "for this Instance of your Regard; which I am the more pleased with, as it gives an agreeable Prospect of future Harmony between me and the Representatives of the People."

Despicably enough, while this treaty was pending, the Penns had a written understanding with the Governor, secured by his bond, that they were to receive a share of all money thus obtained from the people whom they sought to load with the entire weight of taxation. Indeed, emboldened as Franklin said by the declining sense of shame, that always follows frequent repetitions of sinning, they later in Governor Denny's time had the effrontery to claim openly, in a written reply to a communication from the Assembly, with respect to their refusal to bear any part of the expenses entailed on the Province by the Indians, that the excess of these donatives over and above the salary of the Governor should belong to them. By the Constitution, they said, their consent was essential to the validity of the laws enacted by the People, and it would tend the better to facilitate the several matters, which had to be transacted with them, for the representatives of the People to show a regard to them and their interest. The Assembly hotly replied that they hoped that they would always be able to obtain needful laws from the goodness of their sovereign without going to the market for them to a subject. But the hope was a vain one, and to that market, directly or indirectly, the People of Pennsylvania still had to go, for some time to come. To use Franklin's language, there was no other market that they could go to for the commodity that they wanted.

Do not, my courteous Reader [he exclaims with fine scorn in the "Preface to the Speech of Joseph Galloway, Esq.">[ take Pet at our Proprietary Constitution, for these our Bargain and Sale Proceedings in Legislation. 'Tis a happy Country where Justice, and what was your own before, can be had for Ready Money. 'Tis another Addition to the Value of Money, and of Course another Spur to Industry. Every Land is not so bless'd. There are Countries where the princely Proprietor claims to be Lord of all Property; where what is your own shall not only be wrested from you, but the Money you give to have it restor'd, shall be kept with it, and your offering so much, being a Sign of your being too Rich, you shall be plunder'd of every Thing that remain'd. These Times are not come here yet: Your present Proprietors have never been more unreasonable hitherto, than barely to insist on your Fighting in Defence of their Property, and paying the Expences yourselves; or if their estates must, (ah! must) be tax'd towards it, that the best of their Lands shall be tax'd no higher than the worst of yours.

Governor Hamilton, who succeeded Governor Thomas, so far departed from the vicious practice of buying and selling laws as to sign them without prepayment, but, when he observed that the Assembly was tardy in making payment, and yet asked him to give his assent to additional laws, before prior ones had been paid for, he stated his belief to it that as many useful laws had been enacted by him as by any of his predecessors in the same space of time, and added that, nevertheless, he had not understood that any allowance had been made to him for his support, as had been customary in the Province. The hint proved effective, the money was paid and the bills were approved.

From the time that Franklin became a member of the Assembly until the time that the minor controversy between the Proprietary Party and the Popular Party in Pennsylvania was obscured by the larger controversy between the Crown and all the American Colonies, he was engaged in an almost uninterrupted struggle with the Proprietaries, first, for the annulment of their claim to exemption from taxation, and, secondly, for the displacement of their government by a Royal Government. If there was ever an interlude in this struggle, it was only because, in devising measures for the defence of the Province, a Proprietary Governor found it necessary, at some trying conjuncture, to rely upon the management of Franklin to quiet the Quakers, who constituted a majority of the Assembly and detested both war and the Proprietaries, or upon the general abilities and popularity of Franklin to strengthen his own feeble counsels. If there was any political tranquillity in the Province during this time, it was, to employ one of Franklin's own comparisons, only such tranquillity as exists in a naval engagement between two broadsides. On the one hand were ranged the official partisans and dependents of the Proprietary Government and other adherents of the kind, whose allegiance is likely to be won by the social prestige and political patronage of executive authority. To this faction, in the latter stages of the conflict, was added a large body of Presbyterians whose sectarian sympathies had been excited by the Scotch-Irish uprising against the Indians, of which we have previously spoken. On the other hand were ranged the Quakers, upon whom the burden of resisting the Proprietary encroachments upon the popular rights had mainly rested from the origin of the Province, and middle-class elements of the population whose views and sympathies were not highly colored by any special influences. The task of preparing resolutions, addresses and remonstrances, voicing the popular criticism of the Proprietaries, was mainly committed to Franklin by the Assembly. It was with him, too, as the ablest and most influential representative of the popular interest that the various Proprietary Governors usually dealt.

We first find him high in favor with Governor Thomas and his Council at the time of the Association because of his activity, when still only Clerk of the Assembly, in providing for the defence of the Province and arousing a martial spirit in its people. This was the period when the Quaker found it necessary to help his conscience out a little with his wit, and when Franklin made good use of the principle that men will countenance many things with their backs that they will not countenance with their faces. The Quaker majority in the Assembly did not relish his intimacy at this time with the members of the Council who had so often trod on their punctilio about military expenditures, and it might have been pleased, he conjectured, if he had voluntarily resigned his clerkship; "but," he declares in the Autobiography, "they did not care to displace me on account merely of my zeal for the association, and they could not well give another reason."