It is impossible, however, to believe that Franklin could have taken such a step except with grave misgivings as to its effect on the mind of Vergennes. This is shown by the reserve which he, as well as his fellow-commissioners, maintained towards Vergennes, while the preliminary articles were being matured.

According to the injunctions of Congress [Vergennes wrote to Luzerne], they should have done nothing without our participation. I have pointed out to you, Sir, that the King would not have sought to interest himself in the negotiations, save in so far as his offices might be necessary to his friends. The American Commissioners will not say that I have sought to intervene in their business, still less that I have wearied them by my curiosity. They have kept themselves carefully out of my way.

It must have taxed even the nice judgment of Franklin to calculate precisely the degree of resentment that the act of the Commissioners would excite. He took the precaution of sending a copy of the articles to Vergennes the day after they were signed. His receipt of them was followed by an ominous silence. Some days later, Franklin called upon Vergennes, and the latter took pains to let him perceive that the signing of the articles had little in it which could be agreeable to the King, and Franklin advanced such excuses for his colleagues and himself as the case permitted. According to Vergennes, the conversation was amicable, but for a time it did not efface the impression that his mind had received. A week or so later, when Franklin proposed to send the preliminary articles to America by a ship, for which an English passport had been provided, and was soliciting a loan of twenty millions of francs from France, Vergennes gave him a bad quarter of an hour.

I am at a loss sir [he said] to explain your conduct, and that of your colleagues on this occasion. You have concluded your preliminary articles without any communication between us, although the instructions from Congress prescribe that nothing shall be done without the participation of the King. You are about to hold out a certain hope of peace to America, without even informing yourself on the state of the negotiation on our part. You are wise and discreet, sir; you perfectly understand what is due to propriety; you have all your life performed your duties. I pray you to consider how you propose to fulfill those, which are due to the King! I am not desirous of enlarging these reflections; I commit them to your own integrity. When you shall be pleased to relieve my uncertainty, I will entreat the King to enable me to answer your demands.

The reply of Franklin was almost abject.

Nothing [he said] has been agreed in the preliminaries contrary to the interests of France; and no peace is to take place between us and England, till you have concluded yours. Your observation is, however, apparently just, that, in not consulting you before they were signed, we have been guilty of neglecting a point of bienséance. But, as this was not from want of respect for the King, whom we all love and honour, we hope it will be excused, and that the great work, which has hitherto been so happily conducted, is so nearly brought to perfection, and is so glorious to his reign, will not be ruined by a single indiscretion of ours. And certainly the whole edifice sinks to the ground immediately, if you refuse on that account to give us any further assistance.

Again, unpromising as the conditions were, there was no resisting the voice of the seductive mendicant. France did not lend the twenty millions of francs to the United States because she did not have that much to lend; but she did lend six. If any loss of dignity or self-respect was suffered on this occasion it was not by her.

The definitive treaty of peace between Great Britain and the United States was signed at Paris on September 3, 1783, and was ratified a few months later by both the contracting powers. Several weeks after it was signed, Franklin again tendered his resignation to Congress, but it was not accepted until March 7, 1785. Three days later, Jefferson, who had been in France ever since August, 1784, for the purpose of co-operating with Franklin and Adams in the negotiation of commercial treaties with England and other European countries, was appointed the American plenipotentiary at the Court of Versailles in the place of Franklin.

Shortly after the return of Franklin to Philadelphia, he was elected President of the Executive Council of the Commonwealth of Pennsylvania, and, in 1787, he was elected a member of the convention which adopted the Federal Constitution. There was only one man in the United States whose claims to the Presidency of the Convention could possibly be deemed paramount to his; and that was Washington. The nomination of Washington to the position was to have been made by him, but the weather on the day, fixed for it, was too bad to permit him at his advanced age, and in his infirm condition, to venture abroad. The honor of making the nomination, therefore, fell to Robert Morris, another member of the Pennsylvania delegation. It was thought becoming and graceful in Pennsylvania, Madison tells us, to pass by her own distinguished citizen as President, and to take the lead in giving that pre-eminence to the late Commander-in-Chief of the American Army, which the country felt to be his due.[43] At the next session of the Convention, Franklin was present, and thereafter he attended its sessions regularly for five hours each day for more than four months. His stone made it impossible for him to stand long upon his feet, and, when he participated on any important occasion in the discussions of the body, it was his habit to reduce his thoughts to writing, and to have them read to the body by one of his colleagues, usually James Wilson. Copies of these speeches were made by Madison from the original manuscripts for his reports of the debates of the Convention, and, unlike the speeches of the other leading members of the Assembly, the speeches of Franklin have consequently come down to us in their entirety. Of his general course in the Convention, it is enough to say that it was strongly marked by liberalism, faith in the popular intelligence and virtue, and the aversion to arbitrary power which was always such a prominent feature of his conduct in every relation. He had a quick eye to the abuses of authority, and it is probable that, if he had been a younger man, when the Convention met, and had lived until the clash between the Federalists and the Republicans arose, he would have been a Republican. Inane idealism, lack of energy and resolution did not belong to his character, but, to say nothing more, what he had seen of the workings of monarchical and aristocratic institutions, during the long dispute between England and her colonies, was not calculated to prejudice him in their favor.[44]

The compensation that should be paid to the Chief Magistrate of the Union was the first topic to which he formally addressed himself as a member of the Convention. In his opinion, no pecuniary compensation should be paid to him. The argument that he pursued in support of his proposition was one that he had often made with respect to the Government of Great Britain.