Another office performed by Franklin, though no special commission for the purpose was ever issued to him by Congress, was that of a Judge in Admiralty. A large quantity of blank commissions for privateers having been sent to him by Congress shortly after his arrival in France, he delivered them to cruisers, fitted out in the ports of France, and manned by smugglers, who knew every creek and cove on the English coast which they had so often visited by night as well, to use a simile employed by one of Franklin's correspondents, as they knew the corners of their beds. The alarm and loss created by these privateers was no mean offset to the destructive efficiency of the British cruisers. One privateer, the Black Prince, took in the course of three months more than thirty sail. Such was the apprehension excited by the depredations of American privateers that the seacoasts of England were kept in a constant state of panic, and the premium rate on marine insurance was largely enhanced. As prizes were brought into French harbors, the papers seized in them were examined by Franklin for the purpose of passing upon their legality and the liability of the prizes to sale. It was also under the patronage of Franklin and Deane that the Reprisal, the first American ship to fire a gun or capture a prize in European waters, the Lexington, a sloop-of-war, of fourteen guns, fitted out by Congress, and commanded by Captain Johnson, the Dolphin, a cutter of ten guns, purchased by our envoys from M. de Chaumont, and the Surprise, a cutter, commanded by the doughty Captain Gustavus Conyngham, inflicted such injury upon English commerce, including the capture of the Lisbon packet by Captain Wickes, that the French Ministry was compelled to heed the remonstrances of Lord Stormont, the English Minister, so far as to make a deceitful show, in one form or another, of vindicating the outraged neutrality of France. But, when the flimsiest ruses were allowed by the French Ministry to circumvent its interdiction of the abuse of its ports by American ships, with prizes in tow, and Captain Conyngham and his crew, after passing a few days in luxury in a French prison, found means in some unaccountable manner to escape, just as two English men-of-war were coming over to ask that they be delivered to them as pirates, there was little fear anywhere along the French coast, or in the breasts of our envoys, that any sternly vigorous embargo was likely to be laid upon the privateering activities of the United States by anything except the naval energy of England itself.
At this time, Franklin was eager to retaliate the destruction and suffering wantonly inflicted upon some of the defenceless seacoast towns of America by the British. He, therefore, advised Congress to put three frigates into the very best fighting trim, and to send them, loaded with tobacco, as if they were common merchantmen, to Nantes or Bordeaux, but with instructions, when they reached the one or the other port, to make off suddenly for some unsuspecting British port, pounce upon the vessels in its harbor, levy contributions, burn, plunder and get away before any harm could be done to them by a counterstroke.
The burning or plundering of Liverpool or Glasgow [he said] would do us more essential service than a million of treasure and much blood spent on the continent. It would raise our reputation to the highest pitch, and lessen in the same degree that of the enemy. We are confident it is practicable, and with very little danger.
In a letter to Lafayette, too, Franklin stated that the coasts of England and Scotland were extremely open and defenceless, and that there were many rich towns in those countries near the sea "which 4 or 5000 Men, landing unexpectedly, might easily surprize and destroy, or exact from them a heavy Contribution taking a part in ready Money and Hostages for the rest." He even calculated in livres the amounts that might be demanded of Bristol, Bath, Liverpool, Lancaster and other English towns.
But the most eventful thing that Franklin ever did in relation to American activity on the sea was to invite John Paul Jones to take command of a fine frigate that the envoys had ordered from Holland, but had been compelled by the vigilance of Great Britain to turn over to France, when but partially built. While at Brest, Jones received a confidential note from Franklin telling him that the King had asked the loan of him to the French navy for a while, and wished him to take command of the frigate. "She is at present," he said, "the property of the King; but, as there is no war yet declared, you will have the commission and flag of the United States, and act under their orders and laws." The frigate, however, was far from being completed, and the thought of a stranger being placed in command of her was highly irritating to French naval officers with a mind to promotion. Chafing under the delay and uncertainty, occasioned by these circumstances, Jones, whose remarkable literary facility, despite his lack of education, is at least one illustration of the truth of Dogberry's saying that reading and writing come by nature, wrote impatient appeals to the French Minister, Franklin, the members of the Royal Family and the King himself.
While in this humor, his eye happened to fall upon a maxim in one of Poor Richard's Almanacs, "If you would have your business done, go; if not, send." He heeded the suggestion, proceeded to Versailles and secured an order for the purchase of the forty-gun ship, which, in honor of his monitor, he called the Bon Homme Richard. What she did, old as she was, with her heroic commander, and her medley crew of Americans, Irish, English, Scotch, French, Portuguese, Maltese and Malay sailors, before she relaxed her dying clutch upon the Serapis, and sank, immortalized by a splendid victory, to the bottom of the ocean, there is no need for the biographer of Franklin to tell. It is enough to say that for Franklin Jones ever entertained a feeling little short of passionate reverence. "The letter which I had the honor to receive from your Excellency to-day ... would make a coward brave," was his reply to one of Franklin's wise and humane letters of instruction. This letter is evidence enough that Franklin was not so incensed by the ruthless conduct at times of the British in America as to be lost to the clemency of his own abstract views about the proper limits of warfare.
Altho' [he said] the English have wantonly burnt many defenceless Towns in America, you are not to follow this Example, unless where a Reasonable Ransom is refused; in which Case, your own generous feelings, as well as this Instruction, will induce you to give timely Notice of your Intention, that sick and ancient Persons, Women and Children, may be first removed.
The relief of American prisoners in England was another thing which continually taxed the attention of Franklin during the Revolutionary War. "I was sick, and in prison, and ye visited me not," was a reproach that no one of them could justly address to him. His nature was a truly compassionate one, and, in few respects, does it show to greater advantage than in his unceasing efforts to secure the exchange of his unhappy countrymen, confined at Portsmouth and Plymouth, or, that failing, to provide them with all the pecuniary succor in his power, in addition to that so generously extended to them by many kind hearts in England.[40] In his friend, David Hartley, a man, whose peaceful and humane instincts even the vilest passions of war could not efface, he had an agent in a position to reach the ear of the English Ministry for the purpose of promoting the exchange of prisoners. For different reasons, the task was a painfully slow one. In the beginning, all American prisoners were committed to prison upon the charge of high treason, a charge entirely inconsistent with the idea of exchange. Besides, England was reluctant to relinquish the advantage that she had, until the treaty of alliance between France and America was consummated, in the fact that American ships had nowhere to confine their prisoners except under their own hatches. They tried to meet this difficulty by releasing English prisoners on parole on their each promising that they would secure the release of an American prisoner, but the English Admiralty, after some hesitation, finally refused to surrender a single American prisoner in exchange for such paroled Englishmen. Commenting upon this fact, along with another incident, Franklin wrote to James Lovell, "There is no gaining anything upon these Barbarians by Advances of Civility or Humanity." At last, however, several cartels were agreed upon, and he enjoyed the great happiness of seeing some hundred or so American captives brought over to France and released. He was still, however, to incur a great disappointment when, owing to the fear on the part of Holland of provoking English resentment, the five hundred prisoners, transferred to Holland by John Paul Jones, after his engagement with the Serapis, had to be exchanged for French instead of American prisoners. The French Ministry promised to make this disappointment good by advancing to Franklin an equal number of English prisoners taken by French ships, but the English Ministry promptly met this promise by refusing to exchange American prisoners for any English prisoners except such as had been captured by American ships. It was also a great disappointment to Franklin that he could not induce the English Ministry to give its assent to a formal proposition from him that prisoners, taken by either country, should be immediately released upon the understanding that an equal number of prisoners held by the other should also be released. The high-minded conduct of Hartley, inspired in part by the hope that lenient treatment of American prisoners might help to re-unite the two countries, was all the more admirable, when contrasted with the harsh words, in which Franklin sometimes in his letters to him inveighed against the English King, Parliament and People. It is inconceivable that even Hartley would not have gradually wearied of well-doing, if his perfect knowledge of Franklin's benevolent nature had not taught him how to make liberal allowances for his friend's occasional gusts of indignation.
This indignation was usually visited upon the English King and Ministry, but upon one occasion it was visited upon the English people as well.
It is now impossible [he wrote to Hartley] to persuade our people, as I long endeavoured, that the war was merely ministerial, and that the nation bore still a good will to us. The infinite number of addresses printed in your gazettes, all approving this conduct of your government towards us, and encouraging our destruction by every possible means, the great majority in Parliament constantly manifesting the same sentiments, and the popular public rejoicings on occasion of any news of the slaughter of an innocent and virtuous people, fighting only in defence of their just rights; these, together with the recommendations of the same measures by even your celebrated moralists and divines, in their writings and sermons, that are cited approved and applauded in your great national assemblies; all join in convincing us, that you are no longer the magnanimous and enlightened nation, we once esteemed you, and that you are unfit and unworthy to govern us, as not being able to govern your own passions.