Another neat answer in the examination was his answer when asked whether there was any kind of difference between a duty on the importation of goods and an excise on their consumption:
Yes, a very material one; an excise, for the reasons I have just mentioned, they (the colonists) think you can have no right to lay within their country. But the sea is yours; you maintain, by your fleets, the safety of navigation in it, and keep it clear of pirates; you may have therefore a natural and equitable right to some toll or duty on merchandizes carried through that part of your dominions, towards defraying the expence you are at in ships to maintain the safety of that carriage.
Finally he grew weary of the repeated effort to fix the reproach of inconsistency upon the colonies because of their acquiescence in Parliamentary regulation of their commerce; and, when asked whether Pennsylvania might not, by the same interpretation of her charter, object to external as well as internal taxation without representation, he replied:
They never have hitherto. Many arguments have been lately used here to show them, that there is no difference, and that, if you have no right to tax them internally, you have none to tax them externally, or make any other law to bind them. At present they do not reason so; but in time they may possibly be convinced by these arguments.
Nearly ten years later, Franklin had in a conversation with Lord Chatham at his country seat a notable opportunity to say something further with respect to Parliamentary regulations of American commerce. On this occasion, the great English statesman, then earnestly engaged in a last effort to avert the approaching rupture, observed that the opinion prevailed in England that America aimed at setting up for itself as an independent state; or at least getting rid of the Navigation Acts; and Franklin assured him that, having more than once travelled almost from one end of the continent to the other, and kept a great variety of company, eating, drinking and conversing with them freely, he never had heard in any conversation from any person, drunk or sober, the least expression of a wish for a separation, or hint that such a thing would be advantageous to America. And, as to the Navigation Act, he said that the main material part of it, that of carrying on trade in British or Plantation bottoms, excluding foreign ships from colonial ports, and navigating with three fourths British seamen was as acceptable to America as it could be to Britain. Indeed, he declared, America was not even against regulations of the general commerce by Parliament, provided such regulations were bona fide for the benefit of the whole empire, not for the small advantage of one part to the great injury of another, such as obliging American ships to call in England with their wine and fruit from Portugal or Spain, the restraints on American manufactures in the woollen and hat-making branches, the prohibiting of slitting-mills, steel-works and the like.
In the opinion of Franklin, Great Britain and America were legally connected as England and Scotland were before the Union by having one common sovereign. He denied that the instructions of the King had the force of law in the Colonies, as Lord Granville had contended, or that the King and Parliament had any legislative authority over them. "Something," he told his son, "might be made of either of the extremes; that Parliament has a power to make all laws for us, or that it has a power to make no laws for us; and I think the arguments for the latter more numerous and weighty than those for the former." The King with his Plantation Parliaments was, in his opinion, the sole legislator of his American subjects, and, in that capacity, was, and ought to be, free to exercise his own judgment, unrestrained and unlimited by the English Parliament.[19] That the Colonies were originally constituted distinct states and intended to be continued such, was clear to him, he wrote to Dr. Cooper, from a thorough consideration of their first charters and the whole conduct of the crown and nation towards them until the Restoration. Since that time Parliament had usurped an authority of making laws for them which before it had not, and America had for some time submitted to the usurpation partly through ignorance and inattention and partly from its weakness and inability to contend. He wished therefore that such expressions as "the supreme authority of Parliament," "the subordinacy of our Assemblies to the Parliament" and the like were no longer employed in the colonies. These opinions were formed at a time when he labored under the egregious error of supposing that, in spite of the wicked machinations of his Parliament, the King regarded his colonies with the eye of mild paternal favor; but they remained his opinions long after he ceased to be the cheat of this delusion.
How far Franklin's idea of the legal bond between Great Britain and the Colonies was a correct one is a technical inquiry that we need not discuss; but his conception of the solidarity of interests which should exist between all parts of the British Empire was as generous and glowing as any federal rhapsodist of the present day could form. When he expounded it to Lord Chatham at Hayes, the latter in his grand way declared that it was a sound one, worthy of a great, benevolent and comprehensive mind. And such it was. The truth is that Franklin was an Imperialist, and the union which he saw was that of a vast English-speaking empire, made up of parts, held in harmony with each other not only by their common English heritage but also by a measure of self-government liberal enough to assure to each of them an intelligent and sympathetic administration of its particular interests. Until the colonial history of England began, all great empires, he told Lord Chatham, had crumbled first at their extremities, because
Countries remote from the Seat and Eye of Government which therefore could not well understand their Affairs for want of full and true Information, had never been well governed but had been oppress'd by bad Governors, on Presumption that Complaint was difficult to be made and supported against them at such a distance.
Had this process of disintegration not been invited in recent years by wrong politics (which would have Parliament to be omnipotent, though it ought not to be so unless it could at the same time be omniscient) they might have gone on extending their Western Empire, adding Province to Province, as far as the South Sea.
It has long appeared to me [he said in his Tract relative to the Affair of Hutchinson's Letters], that the only true British Politicks were those which aim'd at the Good of the Whole British Empire, not that which sought the Advantage of one Part in the Disadvantage of the others; therefore all Measures of procuring Gain to the Mother Country arising from Loss to her Colonies, and all of Gain to the Colonies arising from or occasioning Loss to Britain, especially where the Gain was small and the Loss great, every Abridgment of the Power of the Mother Country, where that Power was not prejudicial to the Liberties of the Colonists, and every Diminution of the Privileges of the Colonists, where they were not prejudicial to the Welfare of the Mo. Country, I, in my own Mind, condemned as improper, partial, unjust, and mischievous; tending to create Dissensions, and weaken that Union, on which the Strength, Solidity, and Duration of the Empire greatly depended; and I opposed, as far as my little Powers went, all Proceedings, either here or in America, that in my Opinion had such Tendency.