WRITINGS OF FRANKLIN.

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The Examination of Dr. Franklin before the British House of Commons, relative to the Repeal of the American Stamp-act.[18]

1766, Feb. 3. Benjamin Franklin, Esq., and a number of other persons, were "ordered to attend the committee of the whole House of Commons, to whom it was referred to consider farther the several papers relative to America, which were presented to the House by Mr. Secretary Conway, &c."

Q. What is your name and place of abode?

A. Franklin, of Philadelphia.

Q. Do the Americans pay any considerable taxes among themselves?

A. Certainly, many, and very heavy taxes.

Q. What are the present taxes in Pennsylvania, laid by the laws of the colony?

A. There are taxes on all estates, real and personal; a poll tax; a tax on all offices, professions, trades, and businesses, according to their profits; an excise on all wine, rum, and other spirits; and a duty of ten pounds per head on all negroes imported, with some other duties.

Q. For what purposes are those taxes laid?

A. For the support of the civil and military establishments of the country, and to discharge the heavy debt contracted in the last war.

Q. How long are those taxes to continue?

A. Those for discharging the debt are to continue till 1772, and longer if the debt should not be then all discharged. The others must always continue.

Q. Was it not expected that the debt would have been sooner discharged?

A. It was, when the peace was made with France and Spain. But a fresh war breaking out with the Indians, a fresh load of debt was incurred; and the taxes, of course, continued longer by a new law.

Q. Are not all the people very able to pay those taxes?

A. No. The frontier counties all along the continent having been frequently ravaged by the enemy, and greatly impoverished, are able to pay very little tax. And therefore, in consideration of their distresses, our late tax laws do expressly favour those counties, excusing the sufferers; and I suppose the same is done in other governments.

Q. Are not you concerned in the management of the postoffice in America?

A. Yes. I am deputy postmaster-general of North America.

Q. Don't you think the distribution of stamps by post to all the inhabitants very practicable, if there was no opposition?

A. The posts only go along the seacoasts; they do not, except in a few instances, go back into the country; and if they did, sending for stamps by post would occasion an expense of postage, amounting, in many cases, to much more than that of the stamps themselves. * * * *

Q. From the thinness of the back settlements, would not the stamp-act be extremely inconvenient to the inhabitants, if executed?

A. To be sure it would; as many of the inhabitants could not get stamps when they had occasion for them, without taking long journeys, and spending perhaps three or four pounds, that the crown might get sixpence.

Q. Are not the colonies, from their circumstances, very able to pay the stamp duty?

A. In my opinion there is not gold and silver enough in the colonies to pay the stamp duty for one year.

Q. Don't you know that the money arising from the stamps was all to be laid out in America?

A. I know it is appropriated by the act to the American service; but it will be spent in the conquered colonies, where the soldiers are; not in the colonies that pay it.

Q. Is there not a balance of trade due from the colonies where the troops are posted, that will bring back the money to the old colonies?

A. I think not. I believe very little would come back. I know of no trade likely to bring it back. I think it would come from the colonies where it was spent directly to England; for I have always observed, that in every colony, the more plenty the means of remittance to England, the more goods are sent for and the more trade with England carried on.

Q. What number of white inhabitants do you think there are in Pennsylvania?

A. I suppose there may be about one hundred and sixty thousand?

Q. What number of them are Quakers?

A. Perhaps a third.

Q. What number of Germans?

A. Perhaps another third; but I cannot speak with certainty.

Q. Have any number of the Germans seen service as soldiers in Europe?

A. Yes, many of them, both in Europe and America.

Q. Are they as much dissatisfied with the stamp duty as the English?

A. Yes, and more; and with reason, as their stamps are, in many cases, to be double.

Q. How many white men do you suppose there are in North America?

A. About three hundred thousand, from sixteen to sixty years of age?

Q. What may be the amount of one year's imports into Pennsylvania from Britain?

A. I have been informed that our merchants compute the imports from Britain to be above £500,000.

Q. What may be the amount of the produce of your province exported to Britain?

A. It must be small, as we produce little that is wanted in Britain. I suppose it cannot exceed £40,000.

Q. How, then, do you pay the balance?

A. The balance is paid by our produce carried to the West Indies (and sold in our own islands, or to the French, Spaniards, Danes, and Dutch); by the same produce carried to other colonies in North America (as to New-England, Nova Scotia, Newfoundland, Carolina, and Georgia); by the same, carried to different parts of Europe (as Spain, Portugal, and Italy). In all which places we receive either money, bills of exchange, or commodities that suit for remittance to Britain; which, together with all the profits on the industry of our merchants and mariners, arising in those circuitous voyages, and the freights made by their ships, centre finally to Britain to discharge the balance, and pay for British manufactures continually used in the provinces, or sold to foreigners by our traders.

Q. Have you heard of any difficulties lately laid on the Spanish trade?

A. Yes, I have heard that it has been greatly obstructed by some new regulations, and by the English men-of-war and cutters stationed all along the coast in America.

Q. Do you think it right that America should be protected by this country, and pay no part of the expense?

A. That is not the case. The colonies raised, clothed, and paid, during the last war, near twenty-five thousand men, and spent many millions.

Q. Were you not reimbursed by Parliament?

A. We were only reimbursed what, in your opinion, we had advanced beyond our proportion, or beyond what might reasonably be expected from us; and it was a very small part of what we spent. Pennsylvania, in particular, disbursed about £500,000; and the reimbursements, in the whole, did not exceed £60,000.

Q. You have said that you pay heavy taxes in Pennsylvania; what do they amount to in the pound?

A. The tax on all estates, real and personal, is eighteen pence in the pound, fully rated; and the tax on the profits of trades and professions, with other taxes, do, I suppose, make full half a crown in the pound.

Q. Do you know anything of the rate of exchange in Pennsylvania, and whether it has fallen lately?

A. It is commonly from one hundred and seventy to one hundred and seventy-five. I have heard that it has fallen lately from one hundred and seventy-five to one hundred and sixty-two and a half, owing, I suppose, to their lessening their orders for goods; and when their debts to this country are paid, I think the exchange will probably be at par.

Q. Do not you think the people of America would submit to pay the stamp duty if it was moderated?

A. No, never, unless compelled by force of arms.

Q. What was the temper of America towards Great Britain before the year 1763?

A. The best in the world. They submitted willingly to the government of the crown, and paid in their courts obedience to acts of Parliament. Numerous as the people are in the several old provinces, they cost you nothing in forts, citadels, garrisons, or armies, to keep them in subjection. They were governed by this country at the expense only of a little pen, ink, and paper: they were led by a thread. They had not only a respect, but an affection for Great Britain; for its laws, its customs, and manners; and even a fondness for its fashions, that greatly increased the commerce. Natives of Britain were always treated with particular regard; to be an Old England-man was, of itself, a character of some respect, and gave a kind of rank among us. * * * *

Q. And what is their temper now?

A. Oh, very much altered.

Q. Did you ever hear the authority of Parliament to make laws for America questioned till lately?

A. The authority of Parliament was allowed to be valid in all laws, except such as should lay internal taxes. It was never disputed in laying duties to regulate commerce.

Q. In what proportion had population increased in America?

A. I think the inhabitants of all the provinces together, taken at a medium, double in about twenty-five years. But their demand for British manufactures increases much faster; as the consumption is not merely in proportion to their numbers, but grows with the growing abilities of the same numbers to pay for them. In 1723, the whole importation from Britain to Pennsylvania was but about £15,000 sterling; it is now near half a million.

Q. In what light did the people of America use to consider the Parliament of Great Britain?

A. They considered the Parliament as the great bulwark and security of their liberties and privileges, and always spoke of it with the utmost respect and veneration. Arbitrary ministers, they thought, might possibly, at times, attempt to oppress them; but they relied on it that the Parliament, on application, would always give redress. They remembered, with gratitude, a strong instance of this, when a bill was brought into Parliament, with a clause to make royal instructions laws in the colonies, which the House of Commons would not pass, and it was thrown out.

Q. And have they not still the same respect for Parliament?

A. No, it is greatly lessened.

Q. To what cause is that owing?

A. To a concurrence of causes; the restraints lately laid on their trade, by which the bringing of foreign gold and silver into the colonies was prevented; the prohibition of making paper money among themselves,[19] and then demanding a new and heavy tax by stamps, taking away, at the same time, trials by juries, and refusing to receive and hear their humble petitions.

Q. Don't you think they would submit to the stamp-act if it was modified, the obnoxious parts taken out, and the duty reduced to some particulars of small moment?

A. No, they will never submit to it.

Q. What do you think is the reason that the people in America increase faster than in England?

A. Because they marry younger and more generally.

Q. Why so?

A. Because any young couple that are industrious may easily obtain land of their own, on which they can raise a family.

Q. Are not the lower rank of people more at their ease in America than in England?

A. They may be so if they are sober and diligent, as they are better paid for their labour.

Q. What is your opinion of a future tax, imposed on the same principle with that of the stamp-act? How would the Americans receive it?

A. Just as they do this. They would not pay it.

Q. Have you not heard of the resolutions of this house and of the House of Lords, asserting the right of Parliament relating to America, including a power to tax the people there?

A. Yes, I have heard of such resolutions.

Q. What will be the opinion of the Americans on those resolutions?

A. They will think them unconstitutional and unjust.

Q. Was it an opinion in America before 1763, that the Parliament had no right to lay taxes and duties there?

A. I never heard any objection to the right of laying duties to regulate commerce, but a right to lay internal taxes was never supposed to be in Parliament, as we are not represented there.

Q. On what do you found your opinion, that the people in America made any such distinction?

A. I know that whenever the subject has occurred in conversation where I have been present, it has appeared to be the opinion of every one, that we could not be taxed by a Parliament wherein we were not represented. But the payment of duties laid by an act of Parliament as regulations of commerce was never disputed.

Q. But can you name any act of Assembly, or public act of any of your governments, that made such distinction?

A. I do not know that there was any; I think there was never an occasion to make any such act, till now that you have attempted to tax us: that has occasioned resolutions of Assembly declaring the distinction, in which I think every Assembly on the continent, and every member in every Assembly, have been unanimous. * * * *

Q. You say the colonies have always submitted to external taxes, and object to the right of Parliament only, in laying internal taxes; now, can you show that there is any kind of difference between the two taxes to the colony on which they may be laid?

A. I think the difference is very great. An external tax is a duty laid on commodities imported; that duty is added to the first cost and other charges on the commodity, and, when it is offered for sale, makes a part of the price. If the people do not like it at that price, they refuse it; they are not obliged to pay it. But an internal tax is forced from the people without their consent, if not laid by their own representatives. The stamp-act says we shall have no commerce, make no exchange of property with each other, neither purchase nor grant, nor recover debts; we shall neither marry nor make our wills, unless we pay such and such sums; and thus it is intended to extort our money from us, or ruin us by the consequences of refusing to pay it.

Q. But supposing the external tax or duty to be laid on the necessaries of life imported into your colony, will not that be the same thing in its effects as an internal tax?

A. I do not know a single article imported into the northern colonies but what they can either do without or make themselves.

Q. Don't you think cloth from England absolutely necessary to them?

A. No, by no means absolutely necessary; with industry and good management, they may well supply themselves with all they want.

Q. Will it not take a long time to establish that manufacture among them; and must they not, in the mean while, suffer greatly?

A. I think not. They have made a surprising progress already; and I am of opinion that, before their old clothes are worn out, they will have new ones of their own making.

Q. Can they possibly find wool enough in North America?

A. They have taken steps to increase the wool. They entered into general combinations to eat no more lamb; and very few lambs were killed last year. This course, persisted in, will soon make a prodigious difference in the quantity of wool. And the establishing of great manufactories, like those in the clothing towns here, is not necessary, as it is where the business is to be carried on for the purposes of trade. The people will all spin and work for themselves, in their own houses.

Q. Can there be wool and manufacture enough in one or two years?

A. In three years I think there may.

Q. Does not the severity of the winter in the northern colonies occasion the wool to be of bad quality?

A. No, the wool is very fine and good. * * * *

Q. Considering the resolution of Parliament[20] as to the right, do you think, if the stamp-act is repealed, that the North Americans will be satisfied?

A. I believe they will.

Q. Why do you think so?

A. I think the resolutions of right will give them very little concern if they are never attempted to be carried into practice. The colonies will probably consider themselves in the same situation in that respect with Ireland: they know you claim the same right with regard to Ireland, but you never exercise it. And they may believe you never will exercise it in the colonies any more than in Ireland, unless on some very extraordinary occasion.

Q. But who are to be the judges of that extraordinary occasion? Is not the Parliament?

A. Though the Parliament may judge of the occasion, the people will think it can never exercise such right till representatives from the colonies are admitted into Parliament; and that, whenever the occasion arises, representatives will be ordered. * *

Q. Can anything less than a military force carry the stamp-act into execution?

A. I do not see how a military force can be applied to that purpose.

Q. Why may it not?

A. Suppose a military force sent into America, they will find nobody in arms; what are they then to do? They cannot force a man to take stamps who chooses to do without them. They will not find a rebellion: they may indeed make one.

Q. If the act is not repealed, what do you think will be the consequence?

A. A total loss of the respect and affection the people of America bear to this country, and of all the commerce that depends on that respect and affection.

Q. How can the commerce be affected?

A. You will find that, if the act is not repealed, they will take very little of your manufactures in a short time.

Q. Is it in their power to do without them?

A. I think they may very well do without them.

Q. Is it their interest not to take them?

A. The goods they take from Britain are either necessaries, mere conveniences, or superfluities. The first, as cloth, &c., with a little industry they can make at home; the second they can do without till they are able to provide them among themselves; and the last, which are much the greatest part, they will strike off immediately. They are mere articles of fashion, purchased and consumed because the fashion in a respected country; but will now be detested and rejected. The people have already struck-off, by general agreement, the use of all goods fashionable in mournings, and many thousand pounds worth are sent back as unsaleable.

Q. Is it their interest to make cloth at home?

A. I think they may at present get it cheaper from Britain, I mean of the same fineness and neatness of workmanship; but when one considers other circumstances, the restraints on their trade, and the difficulty of making remittances, it is their interest to make everything.

Q. Suppose an act of internal regulations connected with a tax, how would they receive it?

A. I think it would be objected to.

Q. Then no regulation with a tax would be submitted to?

A. Their opinion is, that when aids to the crown are wanted, they are to be asked of the several assemblies, according to the old established usage; who will, as they always have done, grant them freely. And that their money ought not to be given away without their consent, by persons at a distance, unacquainted with their circumstances and abilities. The granting aids to the crown is the only means they have of recommending themselves to their sovereign; and they think it extremely hard and unjust that a body of men, in which they have no representatives, should make a merit to itself of giving and granting what is not their own, but theirs; and deprive them of a right they esteem of the utmost importance, as it is the security of all their other rights.

Q. But is not the postoffice, which they have long received, a tax as well as a regulation?

A. No; the money paid for the postage of a letter is not of the nature of a tax; it is merely a quantum meruit for a service done: no person is compellable to pay the money if he does not choose to receive the service. A man may still, as before the act, send his letter by a servant, a special messenger, or a friend, if he thinks it cheaper and safer.

Q. But do they not consider the regulations of the postoffice, by the act of last year, as a tax?

A. By the regulations of last year, the rate of postage was generally abated near thirty per cent. through all America; they certainly cannot consider such abatement as a tax.

Q. If an excise was laid by Parliament, which they might likewise avoid paying by not consuming the articles excised, would they then not object to it?

A. They would certainly object to it, as an excise is unconnected with any service done, and is merely an aid, which they think ought to be asked of them and granted by them, if they are to pay it, and can be granted for them by no others whatsoever, whom they have not empowered for that purpose.

Q. You say they do not object to the right of Parliament in laying duties on goods to be paid on their importation: now, is there any kind of difference between a duty on the importation of goods and an excise on their consumption?

A. Yes, a very material one: an excise, for the reasons I have just mentioned, they 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 merchandises carried through that part of your dominions, towards defraying the expense you are at in ships to maintain the safety of that carriage.

Q. Does this reasoning hold in the case of a duty laid on the produce of their lands exported? And would they not then object to such a duty?

A. If it tended to make the produce so much dearer abroad as to lessen the demand for it, to be sure they would object to such a duty: not to your right of laying it, but they would complain of it as a burden, and petition you to lighten it. * * *

Q. Supposing the stamp-act continued and enforced, do you imagine that ill-humour will induce the Americans to give as much for worse manufactures of their own, and use them preferable to better of ours?

A. Yes, I think so. People will pay as freely to gratify one passion as another, their resentment as their pride.

Q. Would the people at Boston discontinue their trade?

A. The merchants are a very small number compared with the body of the people, and must discontinue their trade if nobody will buy their goods.

Q. What are the body of the people in the colonies?

A. They are farmers, husbandmen, or planters.

Q. Would they suffer the produce of their lands to rot?

A. No; but they would not raise so much. They would manufacture more and plough less.

Q. Would they live without the administration of justice in civil matters, and suffer all the inconveniences of such a situation for any considerable time, rather than take the stamps, supposing the stamps were protected by a sufficient force, where every one might have them?

A. I think the supposition impracticable, that the stamps should be so protected as that every one might have them. The act requires sub-distributors to be appointed in every county town, district, and village, and they would be necessary. But the principal distributors, who were to have had a considerable profit on the whole, have not thought it worth while to continue in the office; and I think it impossible to find sub-distributors fit to be trusted, who, for the trifling profit that must come to their share, would incur the odium and run the hazard that would attend it; and if they could be found, I think it impracticable to protect the stamps in so many distant and remote places.

Q. But in places where they could be protected, would not the people use them rather than remain in such a situation, unable to obtain any right, or recover by law any debt?

A. It is hard to say what they would do. I can only judge what other people will think and how they will act by what I feel within myself. I have a great many debts due to me in America, and I had rather they should remain unrecoverable by any law, than submit to the stamp-act. They will be debts of honour. It is my opinion, the people will either continue in that situation, or find some way to extricate themselves, perhaps by generally agreeing to proceed in the courts without stamps.

Q. What do you think a sufficient military force to protect the distribution of the stamps in every part of America?

A. A very great force, I can't say what, if the disposition of America is for a general resistance

Q. What is the number of men in America able to bear arms, or of disciplined militia?

A. There are I suppose, at least....

[Question objected to. He withdrew. Called in again.]

Q. Is the American stamp-act an equal tax on the country?

A. I think not.

Q. Why so?

A. The greatest part of the money must arise from lawsuits for the recovery of debts, and be paid by the lower sort of people, who were too poor easily to pay their debts. It is, therefore, a heavy tax on the poor, and a tax upon them for being poor.

Q. But will not this increase of expense be a means Of lessening the number of lawsuits?

A. I think not; for as the costs all fall upon the debtor, and are to be paid by him, they would be no discouragement to the creditor to bring his action.

Q. Would it not have the effect of excessive usury?

A. Yes; as an oppression of the debtor. * * * *

Q. Are there any slitting-mills in America?

A. I think there are three, but I believe only one at present employed. I suppose they will all be set to work if the interruption of the trade continues.

Q. Are there any fulling-mills there?

A. A great many.

Q. Did you never hear that a great quantity of stockings were contracted for, for the army, during the war, and manufactured in Philadelphia?

A. I have heard so.

Q. If the stamp-act should be repealed, would not the Americans think they could oblige the Parliament to repeal every external tax-law now in force?

A. It is hard to answer questions of what people at such a distance will think.

Q. But what do you imagine they will think were the motives of repealing the act?

A. I suppose they will think that it was repealed from a conviction of its inexpediency; and they will rely upon it, that, while the same inexpediency subsists, you will never attempt to make such another.

Q. What do you mean by its inexpediency?

A. I mean its inexpediency on several accounts: the poverty and inability of those who were to pay the tax, the general discontent it has occasioned, and the impracticability of enforcing it.

Q. If the act should be repealed, and the Legislature should show its resentment to the opposers of the stamp-act, would the colonies acquiesce in the authority of the Legislature? What is your opinion they would do?

A. I don't doubt at all that, if the Legislature repeal the stamp-act, the colonies will acquiesce in the authority.

Q. But if the Legislature should think fit to ascertain its right to lay taxes, by any act laying a small tax contrary to their opinion, would they submit to pay the tax?

A. The proceedings of the people in America have been considered too much together. The proceedings of the assemblies have been very different from those of the mobs, and should be distinguished, as having no connexion with each other. The assemblies have only peaceably resolved what they take to be their rights: they have taken no measures for opposition by force; they have not built a fort, raised a man, or provided a grain of ammunition, in order to such opposition. The ringleaders of riots, they think, ought to be punished: they would punish them themselves if they could. Every sober, sensible man would wish to see rioters punished, as otherwise peaceable people have no security of person or estate; but as to an internal tax, how small soever, laid by the Legislature here on the people there, while they have no representatives in this Legislature, I think it will never be submitted to: they will oppose it to the last: they do not consider it as at all necessary for you to raise money on them by your taxes; because they are, and always have been, ready to raise money by taxes among themselves, and to grant large sums, equal to their abilities, upon requisition from the crown. They have not only granted equal to their abilities, but, during all the last war, they granted far beyond their abilities, and beyond their proportion with this country (you yourselves being judges) to the amount of many hundred thousand pounds; and this they did freely and readily, only on a sort of promise from the secretary of state that it should be recommended to Parliament to make them compensation. It was accordingly recommended to Parliament in the most honourable manner for them. America has been greatly misrepresented and abused here, in papers, and pamphlets, and speeches, as ungrateful, and unreasonable, and unjust, in having put this nation to immense expense for their defence, and refusing to bear any part of that expense. The colonies raised, paid, and clothed near twenty-five thousand men during the last war; a number equal to those sent from Britain, and far beyond their proportion: they went deeply into debt in doing this, and all their taxes and estates are mortgaged, for many years to come, for discharging that debt. Government here was at that time very sensible of this. The colonies were recommended to Parliament. Every year the king sent down to the house a written message to this purpose, "That his majesty, being highly sensible of the zeal and vigour with which his faithful subjects in North America had exerted themselves in defence of his majesty's just rights and possessions, recommended it to the house to take the same into consideration, and enable him to give them a proper compensation." You will find those messages on your own journals every year of the war to the very last; and you did accordingly give £200,000 annually to the crown, to be distributed in such compensation to the colonies. This is the strongest of all proofs that the colonies, far from being unwilling to bear a share of the burden, did exceed their proportion; for if they had done less, or had only equalled their proportion, there would have been no room or reason for compensation. Indeed, the sums reimbursed them were by no means adequate to the expense they incurred beyond their proportion: but they never murmured at that; they esteemed their sovereign's approbation of their zeal and fidelity, and the approbation of this house, far beyond any other kind of compensation; therefore there was no occasion for this act to force money from a willing people: they had not refused giving money for the purposes of the act, no requisition had been made, they were always willing and ready to do what could reasonably be expected from them, and in this light they wish to be considered.

Q. But suppose Great Britain should be engaged in a war in Europe, would North America contribute to the support of it?

A. I do think they would, as far as their circumstances would permit. They consider themselves as a part of the British empire, and as having one common interest with it: they may be looked on here as foreigners, but they do not consider themselves as such. They are zealous for the honour and prosperity of this nation; and, while they are well used, will always be ready to support it, as far as their little power goes. In 1739 they were called upon to assist in the expedition against Carthagena, and they sent three thousand men to join your army. It is true Carthagena is in America, but as remote from the northern colonies as if it had been in Europe. They make no distinction of wars as to their duty of assisting in them. I know the last war is commonly spoken of here as entered into for the defence, or for the sake of the people in America. I think it is quite misunderstood. It began about the limits between Canada and Nova Scotia; about territories to which the crown indeed laid claim, but which were not claimed by any British colony; none of the lands had been granted to any colonist; we had, therefore, no particular concern or interest in that dispute. As to the Ohio, the contest there began about your right of trading in the Indian country; a right you had by the treaty of Utrecht, which the French infringed; they seized the traders and their goods, which were your manufactures; they took a fort which a company of your merchants, and their factors and correspondents, had erected there, to secure that trade. Braddock was sent with an army to retake that fort (which was looked on here as another encroachment on the king's territory) and to protect your trade. It was not till after his defeat that the colonies were attacked.[21] They were before in perfect peace with both French and Indians; the troops were not, therefore, sent for their defence. The trade with the Indians, though carried on in America, is not an American interest. The people of America are chiefly farmers and planters; scarce anything that they raise or produce is an article of commerce with the Indians. The Indian trade is a British interest; it is carried on with British manufactures, for the profit of British merchants and manufacturers; therefore the war, as it commenced for the defence of territories of the crown (the property of no American) and for the defence of a trade purely British, was really a British war, and yet the people of America made no scruple of contributing their utmost towards carrying it on and bringing it to a happy conclusion.

Q. Do you think, then, that the taking possession of the king's territorial rights, and strengthening the frontiers, is not an American interest?

A. Not particularly, but conjointly a British and an American interest.

Q. You will not deny that the preceding war, the war with Spain, was entered into for the sake of America; was it not occasioned by captures made in the American seas?

A. Yes; captures of ships carrying on the British trade there with British manufactures.

Q. Was not the late war with the Indians, since the peace with France, a war for America only?

A. Yes; it was more particularly for America than the former; but it was rather a consequence or remains of the former war, the Indians not having been thoroughly pacified; and the Americans bore by much the greatest share of the expense. It was put an end to by the army under General Bouquet; there were not above three hundred regulars in that army, and above one thousand Pennsylvanians.

Q. Is it not necessary to send troops to America, to defend the Americans against the Indians?

A. No, by no means; it never was necessary. They defended themselves when they were but a handful, and the Indians much more numerous. They continually gained ground, and have driven the Indians over the mountains, without any troops sent to their assistance from this country. And can it be thought necessary now to send troops for their defence from those diminished Indian tribes, when the colonies are become so populous and so strong? There is not the least occasion for it; they are very able to defend themselves. * * *

Q. Do you think the assemblies have a right to levy money on the subject there, to grant to the crown?

A. I certainly think so; they have always done it.

Q. Are they acquainted with the declaration of rights? And do they know that, by that statute, money is not to be raised on the subject but by consent of Parliament?

A. They are very well acquainted with it.

Q. How, then, can they think they have a right to levy money for the crown, or for any other than local purposes?

A. They understand that clause to relate to subjects only within the realm; that no money can be levied on them for the crown but by consent of Parliament. The colonies are not supposed to be within the realm; they have assemblies of their own, which are their parliaments, and they are, in that respect, in the same situation with Ireland. When money is to be raised for the crown upon the subject in Ireland or in the colonies, the consent is given in the Parliament of Ireland or in the assemblies of the colonies. They think the Parliament of Great Britain cannot properly give that consent till it has representatives from America; for the petition of right expressly says, it is to be by common consent in Parliament; and the people of America have no representatives in Parliament to make a part of that common consent.

Q. If the stamp-act should be repealed, and an act should pass ordering the assemblies of the colonies to indemnify the sufferers by the riots, would they do it?

A. That is a question I cannot answer.

Q. Suppose the king should require the colonies to grant a revenue, and the Parliament should be against their doing it, do they think they can grant a revenue to the king without the consent of the Parliament of Great Britain?

A. That is a deep question. As to my own opinion, I should think myself at liberty to do it, and should do it if I liked the occasion.

Q. When money has been raised in the colonies upon requisition, has it not been granted to the king?

A. Yes, always; but the requisitions have generally been for some service expressed, as to raise, clothe, and pay troops, and not for money only.

Q. If the act should pass requiring the American assemblies to make compensation to the sufferers, and they should disobey it, and then the Parliament should, by another act, lay an internal tax, would they then obey it?

A. The people will pay no internal tax; and I think an act to oblige the assemblies to make compensation is unnecessary; for I am of opinion that, as soon as the present heats are abated, they will take the matter into consideration, and, if it is right to be done, they will do it themselves.

Q. Do not letters often come into the postoffices in America directed to some inland town where no post goes?

A. Yes.

Q. Can any private person take up those letters, and carry them as directed?

A. Yes; any friend of the person may do it, paying the postage that has accrued.

Q. But must not he pay an additional postage for the distance to such inland town?

A. No.

Q. Can the postmaster answer delivering the letter, without being paid such additional postage?

A. Certainly he can demand nothing where he does no service.

Q. Suppose a person, being far from home, finds a letter in a postoffice directed to him, and he lives in a place to which the post generally goes, and the letter is directed to that place, will the postmaster deliver him the letter without his paying the postage receivable at the place to which the letter is directed?

A. Yes; the office cannot demand postage for a letter that it does not carry, or farther than it does carry it.

Q. Are not ferrymen in America obliged, by act of Parliament, to carry over the posts without pay?

A. Yes.

Q. Is not this a tax on the ferrymen?

A. They do not consider it as such, as they have an advantage from persons travelling with the post.

Q. If the stamp-act should be repealed, and the crown should make a requisition to the colonies for a sum of money, would they grant it?

A. I believe they would.

Q. Why do you think so?

A. I can speak for the colony I live in: I have it in instruction from the Assembly to assure the ministry, that as they always had done, so they should always think it their duty to grant such aids to the crown as were suitable to their circumstances and abilities, whenever called upon for that purpose, in the usual constitutional manner; and I had the honour of communicating this instruction to that honourable gentleman then minister.

Q. Would they do this for a British concern, as suppose a war in some part of Europe that did not affect them?

A. Yes, for anything that concerned the general interest. They consider themselves as part of the whole.

Q. What is the usual constitutional manner of calling on the colonies for aids?

A. A letter from the secretary of state.

Q. Is this all you mean; a letter from the secretary of state?

A. I mean the usual way of requisition, in a circular letter from the secretary of state, by his majesty's command, reciting the occasion, and recommending it to the colonies to grant such aid as became their loyalty, and were suitable to their abilities.

Q. Did the secretary of state ever write for money for the crown?

A. The requisitions have been to raise, clothe, and pay men, which cannot be done without money.

Q. Would they grant money alone, if called on?

A. In my opinion they would, money as well as men, when they have money, or can make it.

Q. If the Parliament should repeal the stamp-act, will the Assembly of Pennsylvania rescind their resolutions?

A. I think not.

Q. Before there was any thought of the stamp-act, did they wish for a representation in Parliament?

A. No.

Q. Don't you know that there is, in the Pennsylvania charter, an express reservation of the right of Parliament to lay taxes there?

A. I know there is a clause in the charter by which the king grants that he will levy no taxes on the inhabitants, unless it be with the consent of the Assembly or by act of Parliament.

Q. How, then, could the Assembly of Pennsylvania assert, that laying a tax on them by the stamp-act was an infringement of their rights?

A. They understand it thus: by the same charter, and otherwise, they are entitled to all the privileges and liberties of Englishmen; they find in the great charters, and the petition and declaration of rights, that one of the privileges of English subjects is, that they are not to be taxed but by their common consent; they have therefore relied upon it, from the first settlement of the province, that the Parliament never would nor could, by colour of that clause in the charter, assume a right of taxing them, till it had qualified itself to exercise such right, by admitting representatives from the people to be taxed, who ought to make a part of that common consent.

Q. Are there any words in the charter that justify that construction?

A. The common rights of Englishmen, as declared by Magna Charta and the Petition of Right, all justify it. * * * *

Q. Are all parts of the colonies equally able to pay taxes?

A. No, certainly; the frontier parts, which have been ravaged by the enemy, are greatly disabled by that means; and, therefore, in such cases, are usually favoured in our tax-laws.

Q. Can we, at this distance, be competent judges of what favours are necessary?

A. The Parliament have supposed it, by claiming a right to make tax-laws for America; I think it impossible.

Q. Would the repeal of the stamp-act be any discouragement of your manufactures? Will the people that have begun to manufacture decline it?

A. Yes, I think they will; especially if, at the same time, the trade is open again, so that remittances can be easily made. I have known several instances that make it probable. In the war before last, tobacco being low, and making little remittance, the people of Virginia went generally into family manufactures. Afterward, when tobacco bore a better price, they returned to the use of British manufactures. So fulling-mills were very much disused in the last war in Pennsylvania, because bills were then plenty, and remittances could easily be made to Britain for English cloth and other goods.

Q. If the stamp-act should be repealed, would it induce the assemblies of America to acknowledge the rights of Parliament to tax them, and would they erase their resolutions?

A. No, never.

Q. Are there no means of obliging them to erase those resolutions?

A. None that I know of; they will never do it, unless compelled by force of arms.

Q. Is there a power on earth that can force them to erase them?

A. No power, how great soever, can force men to change their opinions.

Q. Do they consider the postoffice as a tax or as a regulation?

A. Not as a tax, but as a regulation and convenience; every assembly encouraged it, and supported it in its infancy by grants of money, which they would not otherwise have done; and the people have always paid the postage.

Q. When did you receive the instructions you mentioned?

A. I brought them with me when I came to England, about fifteen months since.

Q. When did you communicate that instruction to the minister?

A. Soon after my arrival; while the stamping of America was under consideration, and before the bill was brought in.

Q. Would it be most for the interest of Great Britain to employ the hands of Virginia in tobacco or in manufactures?

A. In tobacco, to be sure.

Q. What used to be the pride of the Americans?

A. To indulge in the fashions and manufactures of Great Britain.

Q. What is now their pride?

A. To wear their old clothes over again, till they can make new ones.

Feb. 13. Benjamin Franklin, Esq., having passed through his examination, was exempted from farther attendance.

He withdrew.

Feb. 24. The resolutions of the committee were reported by the chairman, Mr. Fuller, their seventh and last resolution setting forth, "that it was their opinion that the House be moved, that leave be given to bring in a bill to repeal the stamp-act." A proposal for recommitting this resolution was negatived by 240 votes to 133.—Journals of the House of Commons.


Narrative of the Massacre of Friendly Indians in Lancaster County, Pennsylvania, 1764.

These Indians were the remains of a tribe of the Six Nations, settled at Conestogo, and thence called Conestogo Indians. On the first arrival of the English in Pennsylvania, messengers from this tribe came to welcome them, with presents of venison, corn, and skins; and the whole tribe entered into a treaty of friendship with the first proprietor, William Penn, which was to last "as long as the sun should shine, or the waters run in the rivers."

This treaty has been since frequently renewed, and the chain brightened, as they express it, from time to time. It has never been violated, on their part or ours, till now. As their lands by degrees were mostly purchased, and the settlements of the white people began to surround them, the proprietor assigned them lands on the manor of Conestogo, which they might not part with; there they have lived many years in friendship with their white neighbours, who loved them for their peaceable, inoffensive behaviour.

It has always been observed, that Indians settled in the neighbourhood of white people do not increase, but diminish continually. This tribe accordingly went on diminishing, till there remained in their town on the manor but twenty persons, viz., seven men, five women, and eight children, boys and girls.

Of these, Shehaes was a very old man, having assisted at the second treaty held with them, by Mr. Penn, in 1701, and ever since continued a faithful and affectionate friend to the English. He is said to have been an exceeding good man, considering his education, being naturally of a most kind, benevolent temper.

Peggy was Shehaes's daughter; she worked for her aged father, continuing to live with him, though married, and attended him with filial duty and tenderness.

John was another good old man; his son Harry helped to support him.

George and Will Soc were two brothers, both young men.

John Smith, a valuable young man of the Cayuga nation, who became acquainted with Peggy, Shehaes's daughter, some few years since, married and settled in that family. They had one child, about three years old.

Betty, a harmless old woman; and her son Peter, a likely young lad.

Sally, whose Indian name was Wyanjoy, a woman much esteemed by all that knew her, for her prudent and good behaviour in some very trying situations of life. She was a truly good and an amiable woman, had no children of her own; but, a distant relation dying, she had taken a child of that relation's to bring up as her own, and performed towards it all the duties of an affectionate parent.

The reader will observe that many of their names are English. It is common with the Indians, that have an affection for the English, to give themselves and their children the names of such English persons as they particularly esteem.

This little society continued the custom they had begun, when more numerous, of addressing every new governor and every descendant of the first proprietor, welcoming him to the province, assuring him of their fidelity, and praying a continuance of that favour and protection they had hitherto experienced. They had accordingly sent up an address of this kind to our present governor on his arrival; but the same was scarce delivered when the unfortunate catastrophe happened which we are about to relate.

On Wednesday, the 14th of December, 1763, fifty-seven men from some of our frontier townships, who had projected the destruction of this little commonwealth, came, all well mounted, and armed with firelocks, hangers, and hatchets, having travelled through the country in the night, to Conestogo manor. There they surrounded the small village of Indian huts, and just at break of day broke into them all at once. Only three men, two women, and a young boy were found at home, the rest being out among the neighbouring white people, some to sell the baskets, brooms, and bowls they manufactured, and others on other occasions. These poor defenceless creatures were immediately fired upon, stabbed, and hatcheted to death! The good Shehaes, among the rest, cut to pieces in his bed. All of them were scalped and otherwise horribly mangled. Then their huts were set on fire, and most of them burned down. When the troop, pleased with their own conduct and bravery, but enraged that any of the poor Indians had escaped the massacre, rode off, and in small parties, by different roads, went home.

The universal concern of the neighbouring white people on hearing of this event, and the lamentations of the younger Indians when they returned and saw the desolation, and the butchered, half-burned bodies of their murdered parents and other relations, cannot well be expressed.

The magistrates of Lancaster sent out to collect the remaining Indians, brought them into the town for their better security against any farther attempt, and, it is said, condoled with them on the misfortune that had happened, took them by the hand, comforted, and promised them protection. They were all put into the workhouse, a strong building as the place of greatest safety.

When the shocking news arrived in town, a proclamation was issued by the governor, detailing the particulars of this horrible outrage, and calling earnestly upon the people of the province to use all possible means to apprehend and bring to condign punishment its savage perpetrators.

Notwithstanding this proclamation, those cruel men again assembled themselves, and, hearing that the remaining fourteen Indians were in the workhouse at Lancaster, they suddenly appeared in that town on the 27th of December. Fifty of them, armed as before, dismounting, went directly to the workhouse, and by violence broke open the door, and entered with the utmost fury in their countenances. When the poor wretches saw they had no protection nigh, nor could possibly escape, and being without the least weapon for defence, they divided into their little families, the children clinging to the parents; they fell on their knees, protested their innocence, declared their love to the English, and that, in their whole lives, they had never done them injury; and in this posture they all received the hatchet! Men, women, and little children were every one inhumanly murdered in cold blood!

The barbarous men who committed the atrocious fact, in defiance of government, of all laws human and divine, and to the eternal disgrace of their country and colour, then mounted their horses, huzzaed in triumph, as if they had gained a victory, and rode off unmolested!

The bodies of the murdered were then brought out and exposed in the street, till a hole could be made in the earth to receive and cover them.

But the wickedness cannot be covered; the guilt will lie on the whole land, till justice is done on the murderers. The blood of the innocent will cry to Heaven for vengeance.

It is said that Shehaes, being before told that it was to be feared some English might come from the frontier into the country and murder him and his people, he replied, "It is impossible; there are Indians, indeed, in the woods, who would kill me and mine, if they could get at us, for my friendship to the English; but the English will wrap me in their matchcoat and secure me from all danger." How unfortunately was he mistaken!

Another proclamation has been issued, offering a great reward for apprehending the murderers.

But these proclamations have as yet produced no discovery; the murderers having given out such threatenings against those that disapprove their proceedings, that the whole country seems to be in terror, and no one dares speak what he knows; even the letters from thence are unsigned, in which any dislike is expressed of the rioters.

There are some (I am ashamed to hear it) who would extenuate the enormous wickedness of these actions, by saying, "The inhabitants of the frontiers are exasperated with the murder of their relations by the enemy Indians in the present war." It is possible; but, though this might justify their going out into the woods to seek for those enemies, and avenge upon them those murders, it can never justify their turning into the heart of the country to murder their friends.

If an Indian injures me, does it follow that I may revenge that injury on all Indians? It is well known that Indians are of different tribes, nations, and languages, as well as the white people. In Europe, if the French, who are white people, should injure the Dutch, are they to revenge it on the English, because they too are white people? The only crime of these poor wretches seems to have been, that they had a reddish-brown skin and black hair; and some people of that sort, it seems, had murdered some of our relations. If it be right to kill men for such a reason, then, should any man with a freckled face and red hair kill a wife or child of mine, it would be right for me to revenge it by killing all the freckled, red-haired men, women, and children I could afterward anywhere meet with.

But it seems these people think they have a better justification; nothing less than the Word of God. With the Scriptures in their hands and mouths, they can set at naught that express command, Thou shalt do no murder; and justify their wickedness by the command given Joshua to destroy the heathen. Horrid perversion of Scripture and of religion! To father the worst of crimes on the God of peace and love! Even the Jews, to whom that particular commission was directed, spared the Gibeonites on account of their faith once given. The faith of this government has been frequently given to those Indians, but that did not avail them with people who despise government.

We pretend to be Christians, and, from the superior light we enjoy, ought to exceed heathens, Turks, Saracens, Moors, negroes, and Indians in the knowledge and practice of what is right. I will endeavour to show, by a few examples from books and history, the sense those people have had of such actions.

Homer wrote his poem, called the Odyssey, some hundred years before the birth of Christ. He frequently speaks of what he calls not only the duties, but the sacred rites of hospitality, exercised towards strangers while in our house or territory, as including, besides all the common circumstances of entertainment, full safety and protection of person from all danger of life, from all injuries, and even insults. The rites of hospitality were called sacred, because the stranger, the poor, and the weak, when they applied for protection and relief, were, from the religion of those times, supposed to be sent by the Deity to try the goodness of men, and that he would avenge the injuries they might receive, where they ought to have been protected. These sentiments, therefore, influenced the manners of all ranks of people, even the meanest; for we find, that when Ulysses came as a poor stranger to the hut of EumÆus the swineherd, and his great dogs ran out to tear the ragged man, EumÆus drove them away with stones; and

"'Unhappy stranger!' (thus the faithful swain
Began, with accent gracious and humane),
'What sorrow had been mine, if at my gate,
Thy reverend age had met a shameless fate!
But enter this my homely roof, and see
Our woods not void of hospitality.'
He said, and seconding the kind request,
With friendly step precedes the unknown guest;
A shaggy goat's soft hide beneath him spread,
And with fresh rushes heaped an ample bed.
Joy touched the hero's tender soul, to find
So just reception from a heart so kind;
And 'Oh, ye gods, with all your blessings grace'
(He thus broke forth) 'this friend of human race!'
The swain replied: 'It never was our guise
To slight the poor, or aught humane despise.
For Jove unfolds the hospitable door,
'Tis Jove that sends the strangers and the poor.'"

These heathen people thought that, after a breach of the rites of hospitality, a curse from Heaven would attend them in everything they did, and even their honest industry in their callings would fail of success. Thus when Ulysses tells EumÆus, who doubted the truth of what he related, "If I deceive you in this, I should deserve death, and I consent that you should put me to death;" EumÆus rejects the proposal, as what would be attended with both infamy and misfortune, saying ironically,

"Doubtless, oh guest, great laud and praise were mine,
If, after social rites and gifts bestowed,
I stained my hospitable hearth with blood.
How would the gods my righteous toils succeed,
And bless the hand that made a stranger bleed?
No more."

Even an open enemy, in the heat of battle, throwing down his arms, submitting to the foe, and asking life and protection, was supposed to acquire an immediate right to that protection. Thus one describes his being saved when his party was defeated:

"We turned to flight; the gathering vengeance spread
On all parts round, and heaps on heaps lie dead.
The radiant helmet from my brows unlaced,
And lo, on earth my shield and javelin cast,
I meet the monarch with a suppliant's face,
Approach his chariot, and his knees embrace.
He heard, he saved, he placed me at his side;
My state he pitied, and my tears he dried;
Restrained the rage the vengeful foe expressed,
And turned the deadly weapons from my breast.
Pious to guard the hospitable rite,
And fearing Jove, whom mercy's works delight."

The suiters of Penelope are, by the same ancient poet, described as a set of lawless men, who were regardless of the sacred rites of hospitality. And, therefore, when the queen was informed they were slain, and that by Ulysses, she, not believing that Ulysses was returned, says,

"Ah no! some god the suiters' deaths decreed,
Some god descends, and by his hand they bleed;
Blind, to contemn the stranger's righteous cause
And violate all hospitable laws!
... The powers they defied;
But Heaven is just, and by a god they died."

Thus much for the sentiments of the ancient heathens. As for the Turks, it is recorded in the Life of Mohammed, the founder of their religion, that Khaled, one of his captains, having divided a number of prisoners between himself and those that were with him, he commanded the hands of his own prisoners to be tied behind them, and then, in a most cruel and brutal manner, put them to the sword; but he could not prevail on his men to massacre their captives, because, in fight, they had laid down their arms, submitted, and demanded protection. Mohammed, when the account was brought to him, applauded the men for their humanity; but said to Khaled, with great indignation, "Oh Khaled, thou butcher, cease to molest me with thy wickedness. If thou possessedst a heap of gold as large as Mount Obod, and shouldst expend it all in God's cause, thy merit would not efface the guilt incurred by the murder of the meanest of these poor captives."

Among the Arabs or Saracens, though it was lawful to put to death a prisoner taken in battle, if he had made himself obnoxious by his former wickedness, yet this could not be done after he had once eaten bread or drunk water while in their hands. Hence we read in the history of the wars of the Holy Land, that when the Franks had suffered a great defeat from Saladin, and among the prisoners were the King of Jerusalem, and Arnold, a famous Christian captain, who had been very cruel to the Saracens; these two being brought before the sultan, he placed the king on his right hand and Arnold on his left, and then presented the king with a cup of water, who immediately drank to Arnold; but when Arnold was about to receive the cup, the sultan interrupted, saying, "I will not suffer this wicked man to drink, as that, according to the laudable and generous custom of the Arabs, would secure him his life."

That the same laudable and generous custom still prevails among the Mohammedans, appears from the account, but last year published, of his travels by Mr. Bell, of Antermony, who accompanied the Czar, Peter the Great, in his journey to Derbent, through Daggestan. "The religion of the Daggestans," says he, "is generally Mohammedan, some following the sect of Osman, others that of Haly. Their language, for the most part, is Turkish, or, rather, a dialect of the Arabic, though many of them speak also the Persian language. One article I cannot omit concerning their laws of hospitality, which is, if their greatest enemy comes under their roof for protection, the landlord, of what condition soever, is obliged to keep him safe from all manner of harm or violence during his abode with him, and even to conduct him safely through his territories to a place of security."

From the Saracens this same custom obtained among the Moors of Africa; was by them brought into Spain, and there long sacredly observed. The Spanish historians record with applause one famous instance of it. While the Moors governed there, and the Spanish mixed with them, a Spanish cavalier, in a sudden quarrel, slew a young Moorish gentleman, and fled. His pursuers soon lost sight of him, for he had, unperceived, thrown himself over a garden wall. The owner, a Moor, happening to be in his garden, was addressed by the Spaniard on his knees, who acquainted him with his case, and implored concealment. "Eat this," said the Moor, giving him half a peach; "you now know that you may confide in my protection." He then locked him up in his garden apartment, telling him that, as soon as it was night, he would provide for his escape to a place of more safety. The Moor then went into his house, where he had scarce seated himself when a great crowd, with loud lamentations, came to the gate bringing the corpse of his son, that had just been killed by a Spaniard. When the first shock of surprise was a little over, he learned, from the description given, that the fatal deed was done by the person then in his power. He mentioned this to no one; but, as soon as it was dark, retired to his garden apartment, as if to grieve alone, giving orders that none should follow him. There accosting the Spaniard, he said, "Christian, the person you have killed is my son; his body is in my house. You ought to suffer; but you have eaten with me, and I have given you my faith, which must not be broken. Follow me." He then led the astonished Spaniard to his stables, mounted him on one of his fleetest horses, and said, "Fly far while the night can cover you. You will be safe in the morning. You are, indeed, guilty of my son's blood; but God is just and good, and I thank him that I am innocent of yours, and that my faith given is preserved."

The Spaniards caught from the Moors this punto of honour, the effects of which remain, in a degree, to this day. So that, when there is fear of a war about to break out between England and Spain, an English merchant there, who apprehends the confiscation of his goods as the goods of an enemy, thinks them safe if he can get a Spaniard to take charge of them; for the Spaniard secures them as his own, and faithfully redelivers them, or pays the value whenever the Englishman can safely demand it.

Justice to that nation, though lately our enemies and hardly yet our cordial friends, obliges me, on this occasion, not to omit mentioning an instance of Spanish honour, which cannot but be still fresh in the memory of many yet living. In 1746, when we were in hot war with Spain, the Elizabeth, of London, Captain William Edwards, coming through the Gulf from Jamaica, richly laden, met with a most violent storm, in which the ship sprung a leak, that obliged them, for the saving of their lives, to run her into the Havana. The captain went on shore, directly waited on the governor, told the occasion of his putting in, and that he surrendered his ship as a prize, and himself and his men as prisoners of war, only requesting good quarter. "No, sir," replied the Spanish governor; "if we had taken you in fair war at sea, or approaching our coast with hostile intentions, your ship would then have been a prize, and your people prisoners. But when, distressed by a tempest, you come into our ports for the safety of your lives, we, though enemies, being men, are bound as such, by the laws of humanity, to afford relief to distressed men who ask it of us. We cannot, even against our enemies, take advantage of an act of God. You have leave, therefore, to unload the ship, if that be necessary to stop the leak; you may refit here, and traffic so far as shall be necessary to pay the charges; you may then depart, and I will give you a pass, to be in force till you are beyond Bermuda. If after that you are taken, you will then be a prize; but now you are only a stranger, and have a stranger's right to safety and protection." The ship accordingly departed and arrived safe in London.

Will it be permitted me to adduce, on this occasion, an instance of the like honour in a poor, unenlightened African negro. I find it in Captain Seagrave's account of his Voyage to Guinea. He relates, that a New-England sloop, trading there in 1752, left their second mate, William Murray, sick on shore, and sailed without him. Murray was at the house of a black, named Cudjoe, with whom he had contracted an acquaintance during their trade. He recovered, and the sloop being gone, he continued with his black friend till some other opportunity should offer of his getting home. In the mean while, a Dutch ship came into the road, and some of the blacks, going on board her, were treacherously seized and carried off as slaves. Their relations and friends, transported with sudden rage, ran to the house of Cudjoe to take revenge by killing Murray. Cudjoe stopped them at the door, and demanded what they wanted. "The white men," said they, "have carried away our brothers and sons, and we will kill all white men; give us the white man you keep in your house, for we will kill him." "Nay," said Cudjoe, "the white men that carried away your brothers are bad men; kill them when you can catch them; but this white man is a good man, and you must not kill him." "But he is a white man," they cried; "the white men are all bad, and we will kill them all." "Nay," said he, "you must not kill a man that has done no harm, only for being white. This man is my friend, my house is his fort, and I am his soldier. I must fight for him. You must kill me before you can kill him. What good man will ever come again under my roof if I let my floor be stained with a good man's blood!" The negroes, seeing his resolution, and being convinced, by his discourse, that they were wrong, went away ashamed. In a few days Murray ventured abroad again with Cudjoe, when several of them took him by the hand, and told him they were glad they had not killed him; for, as he was a good (meaning an innocent) man, their God would have been angry, and would have spoiled their fishing. "I relate this," says Captain Seagrave, "to show that some among these dark people have a strong sense of justice and honour, and that even the most brutal among them are capable of feeling the force of reason, and of being influenced by a fear of God (if the knowledge of the true God could be introduced among them), since even the fear of a false God, when their rage subsided, was not without its good effect."

Now I am about to mention something of Indians, I beg that I may not be understood as framing apologies for all Indians. I am far from desiring to lessen the laudable spirit of resentment in my countrymen against those now at war with us, so far as it is justified by their perfidy and inhumanity. I would only observe, that the Six Nations, as a body, have kept faith with the English ever since we knew them, now near a hundred years; and that the governing part of those people have had notions of honour, whatever may be the case of the rum-debauched, trader-corrupted vagabonds and thieves on the Susquehanna and Ohio at present in arms against us. As a proof of that honour, I shall only mention one well-known recent fact. When six Catawba deputies, under the care of Colonel Bull, of Charlestown, went, by permission, into the Mohawk's country to sue for, and treat of peace for their nation, they soon found the Six Nations highly exasperated, and the peace at that time impracticable. They were therefore in fear of their own persons, and apprehended that they should be killed in their way back to New-York; which, being made known to the Mohawk chiefs by Colonel Bull, one of them, by order of the council, made this speech to the Catawbas:

"Strangers and Enemies,

"While you are in this country, blow away all fear out of your breasts; change the black streak of paint on your cheeks for a red one, and let your faces shine with bear's grease. You are safer here than if you were at home. The Six Nations will not defile their own land with the blood of men that come unarmed to ask for peace. We shall send a guard with you, to see you safe out of our territories. So far you shall have peace, but no farther. Get home to your own country, and there take care of yourselves, for there we intend to come and kill you."

The Catawbas came away unhurt accordingly.

It is also well known, that just before the late war broke out, when our traders first went among the Piankeshaw Indians, a tribe of the Twigtwees, they found the principle of giving protection to strangers in full force; for, the French coming with their Indians to the Piankeshaw town, and demanding that those traders and their goods should be delivered up, the Piankeshaws replied, the English were come there upon their invitation, and they could not do so base a thing. But the French insisting on it, the Piankeshaws took arms in defence of their guests, and a number of them, with their old chief, lost their lives in the cause; the French at last prevailing by superior force only.

I will not dissemble that numberless stories have been raised and spread abroad, against not only the poor wretches that are murdered, but also against the hundred and forty Christianized Indians still threatened to be murdered; all which stories are well known, by those who know the Indians best, to be pure inventions, contrived by bad people, either to excite each other to join in the murder, or, since it was committed, to justify it, and believed only by the weak and credulous. I call thus publicly on the makers and venders of these accusations to produce their evidence. Let them satisfy the public that even Will Soc, the most obnoxious of all that tribe, was really guilty of those offences against us which they lay to his charge. But, if he was, ought he not to have been fairly tried? He lived under our laws, and was subject to them; he was in our hands, and might easily have been prosecuted; was it English justice to condemn and execute him unheard? Conscious of his own innocence, he did not endeavour to hide himself when the door of the workhouse, his sanctuary, was breaking open. "I will meet them," says he, "for they are my brothers." These brothers of his shot him down at the door, while the word "brothers" was between his teeth.

But if Will Soc was a bad man, what had poor old Shehaes done? What could he or the other poor old men and women do? What had little boys and girls done! What could children of a year old, babes at the breast, what could they do, that they too must be shot and hatcheted? Horrid to relate! And in their parents' arms! This is done by no civilized nation in Europe. Do we come to America to learn and practise the manners of barbarians? But this, barbarians as they are, they practice against their enemies only, not against their friends. These poor people have been always our friends. Their fathers received ours, when strangers here, with kindness and hospitality. Behold the return we have made them! When we grew more numerous and powerful, they put themselves under our protection. See, in the mangled corpses of the last remains of the tribe, how effectually we have afforded it to them.

Unhappy people! to have lived in such times and by such neighbours. We have seen that they would have been safer among the ancient heathens, with whom the rites of hospitality were sacred. They would have been considered as guests of the public, and the religion of the country would have operated in their favour. But our frontier people call themselves Christians! They would have been safer if they had submitted to the Turks; for ever since Mohammed's reproof to Khaled, even the cruel Turks never kill prisoners in cold blood. These were not even prisoners. But what is the example of Turks to Scripture Christians! They would have been safer, though they had been taken in actual war against the Saracens, if they had once drank water with them. These were not taken in war against us, and have drunk with us, and we with them, for fourscore years. But shall we compare Saracens to Christians?

They would have been safer among the Moors in Spain, though they had been murderers of sons, if faith had once been pledged to them, and a promise of protection given. But these have had the faith of the English given to them many times by the government, and, in reliance on that faith, they lived among us, and gave us the opportunity of murdering them. However, what was honourable in Moors may not be a rule to us; for we are Christians! They would have been safer, it seems, among popish Spaniards, even if enemies, and delivered into their hands by a tempest. These were not enemies; they were born among us, and yet we have killed them all. But shall we imitate idolatrous papists, we that are enlightened Protestants? They would even have been safer among the negroes of Africa, where at least one manly soul would have been found, with sense, spirit, and humanity enough to stand in their defence. But shall white men and Christians act like a pagan negro? In short, it appears that they would have been safe in any part of the known world, except in the neighbourhood of the Christian white savages of Peckstang and Donegall!

Oh ye unhappy perpetrators of this horrid wickedness! reflect a moment on the mischief ye have done, the disgrace ye have brought on your country, on your religion and your Bible, on your families and children. Think on the destruction of your captivated countryfolks (now among the wild Indians), which probably may follow, in resentment of your barbarity! Think on the wrath of the United Five Nations, hitherto our friends, but now provoked by your murdering one of their tribes, in danger of becoming our bitter enemies. Think of the mild and good government you have so audaciously insulted; the laws of your king, your country, and your God, that you have broken; the infamous death that hangs over your heads; for justice, though slow, will come at last. All good people everywhere detest your actions. You have imbrued your hands in innocent blood; how will you make them clean? The dying shrieks and groans of the murdered will often sound in your ears. Their spectres will sometimes attend you, and affright even your innocent children. Fly where you will, your consciences will go with you. Talking in your sleep shall betray you; in the delirium of a fever you yourselves shall make your own wickedness known.

One hundred and forty peaceable Indians yet remain in this government. They have, by Christian missionaries, been brought over to a liking, at least, of our religion; some of them lately left their nation, which is now at war with us, because they did not choose to join in their depredations; and to show their confidence in us, and to give us an equal confidence in them, they have brought and put into our hands their wives and children. Others have lived long among us in Northampton county, and most of their children have been born there. These are all now trembling for their lives. They have been hurried from place to place for safety, now concealed in corners, then sent out of the province, refused a passage through a neighbouring colony, and returned, not unkindly, perhaps, but disgracefully, on our hands. Oh Pennsylvania! Once renowned for kindness to strangers, shall the clamours of a few mean niggards about the expense of this public hospitality, an expense that will not cost the noisy wretches sixpence a piece (and what is the expense of the poor maintenance we afford them, compared to the expense they might occasion if in arms against us?), shall so senseless a clamour, I say, force you to turn out of your own doors these unhappy guests, who have offended their own countryfolks by their affection for you; who, confiding in your goodness, have put themselves under your protection? Those whom you have disarmed to satisfy groundless suspicions, will you leave them exposed to the armed madmen of your country? Unmanly men! who are not ashamed to come with weapons against the unarmed, to use the sword against women, and the bayonet against your children, and who have already given such bloody proofs of their inhumanity and cruelty.

Let us rouse ourselves for shame, and redeem the honour of our province from the contempt of its neighbours; let all good men join heartily and unanimously in support of the laws, and in strengthening the hands of government, that justice may be done, the wicked punished, and the innocent protected; otherwise we can, as a people, expect no blessing from Heaven; there will be no security for our persons or properties; anarchy and confusion will prevail over all; and violence, without judgment, dispose of everything.


Introduction to Historical Review of the Constitution and Government of Pennsylvania.[22]

To obtain an infinite variety of purposes by a few plain principles, is the characteristic of nature. As the eye is affected, so is the understanding; objects at a distance strike us according to their dimensions, or the quantity of light thrown upon them; near, according to their novelty or familiarity, as they are in motion or at rest. It is the same with actions. A battle is all motion, a hero all glare: while such images are before us, we can attend to nothing else. Solon and Lycurgus would make no figure in the same scene with the king of Prussia; and we are at present so lost in the military scramble on the continent next us, in which, it must be confessed, we are deeply interested, that we have scarce time to throw a glance towards America, where we have also much at stake, and where, if anywhere, our account must be made up at last.

We love to stare more than to reflect; and to be indolently amused at our leisure rather than commit the smallest trespass on our patience by winding a painful, tedious maze, which would pay us in nothing but knowledge.

But then, as there are some eyes which can find nothing marvellous but what is marvellously great, so there are others which are equally disposed to marvel at what is marvellously little, and who can derive as much entertainment from their microscope in examining a mite, as Dr. —— in ascertaining the geography of the moon or measuring the tail of a comet.

Let this serve as an excuse for the author of these sheets, if he needs any, for bestowing them on the transactions of a colony till of late hardly mentioned in our annals; in point of establishment one of the last upon the British list, and in point of rank one of the most subordinate; as being not only subject, in common with the rest, to the crown, but also to the claims of a proprietary, who thinks he does them honour enough in governing them by deputy; consequently so much farther removed from the royal eye, and so much the more exposed to the pressure of self-interested instructions.

Considerable, however, as most of them for happiness of situation, fertility of soil, product of valuable commodities, number of inhabitants, shipping amount of exportations, latitude of rights and privileges, and every other requisite for the being and well-being of society, and more considerable than any of them all for the celerity of its growth, unassisted by any human help but the vigour and virtue of its own excellent constitution.

A father and his family, the latter united by interest and affection, the former to be revered for the wisdom of his institutions and the indulgent use of his authority, was the form it was at first presented in. Those who were only ambitious of repose, found it here; and as none returned with an evil report of the land, numbers followed, all partook of the leaven they found; the community still wore the same equal face; nobody aspired, nobody was oppressed; industry was sure of profit, knowledge of esteem, and virtue of veneration.

An assuming landlord, strongly disposed to convert free tenants into abject vassals, and to reap what he did not sow, countenanced and abetted by a few desperate and designing dependants on the one side, and on the other, all who have sense enough to know their rights and spirit enough to defend them, combined as one man against the said landlord and his encroachments, is the form it has since assumed.

And surely, to a nation born to liberty like this, bound to leave it unimpaired, as they received it from their fathers, in perpetuity to their heirs, and interested in the conservation of it in every appendage of the British empire, the particulars of such a contest cannot be wholly indifferent.

On the contrary, it is reasonable to think the first workings of power against liberty, and the natural efforts of unbiased men to secure themselves against the first approaches of oppression, must have a captivating power over every man of sensibility and discernment among us.

Liberty, it seems, thrives best in the woods. America best cultivates what Germany brought forth. And were it not for certain ugly comparisons, hard to be suppressed, the pleasure arising from such a research would be without alloy.

In the feuds of Florence, recorded by Machiavel, we find more to lament and less to praise. Scarce can we believe the first citizens of the ancient republics had such pretensions to consideration, though so highly celebrated in ancient story. And as to ourselves, we need no longer have recourse to the late glorious stand of the French parliaments to excite our emulation.

It is a known custom among farmers to change their corn from season to season for the sake of filling the bushel; and in case the wisdom of the age should condescend to make the like experiment in another shape, from hence we may learn whither to repair for the proper species.

It is not, however, to be presumed, that such as have long been accustomed to consider the colonies in general as only so many dependencies on the council-board, the board of trade, and the board of customs; or as a hotbed for causes, jobs, and other pecuniary emoluments, and as bound as effectually by instructions as by laws, can be prevailed upon to consider these patriot rustics with any degree of respect.

Derision, on the contrary, must be the lot of him who imagines it in the power of the pen to set any lustre upon them; and indignation theirs for daring to assert and maintain the independence interwoven in their constitution, which now, it seems, is become an improper ingredient, and, therefore, to be excised away.

But how contemptibly soever these gentlemen may talk of the colonies, how cheap soever they may hold their assemblies, or how insignificant the planters and traders who compose them, truth will be truth, and principle principle, notwithstanding.

Courage, wisdom, integrity, and honour are not to be measured by the sphere assigned them to act in, but by the trials they undergo and the vouchers they furnish; and, if so manifested, need neither robes nor titles to set them off.


Dr. Franklin's motion for Prayers in the Convention assembled at Philadelphia, 1787, to revise the then existing Articles of Confederation.

Mr. President,

The small progress we have made after four or five weeks' close attendance and continual reasonings with each other, our different sentiments on almost every question, several of the last producing as many Noes as Ayes, is, methinks, a melancholy proof of the imperfection of the human understanding. We indeed seem to feel our own want of political wisdom, since we have been running all about in search of it. We have gone back to ancient history for models of government, and examined the different forms of those republics which, having been originally formed with the seeds of their own dissolution, now no longer exist; and we have viewed modern states all round Europe, but find none of their constitutions suitable to our circumstances.

In this situation of this Assembly, groping, as it were, in the dark, to find political truth, and scarce able to distinguish it when presented to us, how has it happened, sir, that we have not hitherto once thought of humbly applying to the Father of Lights to illuminate our understandings? In the beginning of the contest with Britain, when we were sensible of danger, we had daily prayers in this room for the Divine protection! Our prayers, sir, were heard; and they were graciously answered. All of us who were engaged in the struggle must have observed frequent instances of a superintending Providence in our favour. To that kind Providence we owe this happy opportunity of consulting in peace on the means of establishing our future national felicity. And have we now forgotten that powerful friend? or do we imagine we no longer need its assistance? I have lived, sir, a long time: and the longer I live, the more convincing proofs I see of this truth, That God governs in the affairs of men! And if a sparrow cannot fall to the ground without his notice, is it probable that an empire can rise without his aid? We have been assured, sir, in the Sacred Writings, that "except the Lord build the house, they labour in vain that build it." I firmly believe this; and I also believe, that without his concurring aid, we shall succeed in this political building no better than the building of Babel: we shall be divided by our little partial local interests, our projects will be confounded, and we ourselves shall become a reproach and a byword down to future ages. And, what is worse, mankind may hereafter, from this unfortunate instance, despair of establishing government by human wisdom, and leave it to chance, war, and conquest.

I therefore beg leave to move,

That henceforth prayers, imploring the assistance of Heaven and its blessing on our deliberations, be held in this Assembly every morning before we proceed to business; and that one or more of the clergy of this city be requested to officiate in that service.

[Note by Dr. Franklin.]—"The Convention, except three or four persons, thought prayers unnecessary!!"


END OF VOL. I.

FOOTNOTES:

[18] The following appears to be the history of this celebrated Act:

Until 1763, whenever Great Britain wanted supplies directly from the colonies, the secretary of state, in the king's name, sent them a letter of requisition, in which the occasion for the supplies was expressed; and the colonies returned a free gift, the mode of levying which they wholly prescribed. At this period the chancellor of the exchequer (Mr. George Grenville) says to the House of Commons, "We must call for money from the colonies in the way of a tax;" and to the colony-agents, "Write to your several colonies, and tell them, if they dislike a duty upon stamps, and prefer any other method of raising the money themselves, I shall be content, provided the amount be but raised." "That is," observed the colonies, when commenting upon his terms, "if we will not tax ourselves as we may be directed, the Parliament will tax us." Dr. Franklin's instructions, spoken of above, related to this gracious option. As the colonies could not choose "another tax" while they disclaimed every tax, the Parliament passed the stamp-act.

This act declared that the Americans should have no commerce, make no exchange of property with each other, neither purchase, nor grant, nor recover debts; they shall neither marry nor make their wills, unless they pay such and such sums in specie for the stamps which must give validity to the proceedings. The operation of such a tax, its annual productiveness, on its introduction, was estimated by its proposer in the House of Commons at 100,000l. sterling. The colonies being already reduced to the necessity of having paper money, by sending to Britain the specie they collected in foreign trade, in order to make up for the deficiency of their other returns for Britain's manufactures; there were doubts whether there could remain specie sufficient to answer the tax.

[19] Some of the colonies had been reduced to the necessity of bartering, from the want of a medium of traffic.

[20] Afterward expressed in the Declaratory Act.

[21] When this army was in the utmost distress from the want of wagons, &c., our author and his son voluntarily traversed the country, in order to collect a sufficient quantity; and effected their purpose, by pledging himself to the amount of many thousand pounds, for payment. It was but just before Dr. Franklin's last return from England to America that the accounts in this transaction were passed at the British treasury.

[22] The publication of this work by Doctor Franklin was made in London during the war that begun in 1773. The introduction is a model of vivid style and sound wisdom. It is written as in London.


Transcriber's Notes

The transcriber made these changes to the text to correct obvious errors:

1. p 35 obnoxions --> obnoxious
2. p. 53 expcetations --> expectations
3. p. 84 fifteeen --> fifteen
4. p. 105 6. Moderation. --> 9. Moderation.
5. p. 125 retailiating --> retaliating
6. p. 162 Virnia --> Virginia
7. p. 226 with with more lustre --> with more lustre
8. p. 250 obejct --> object
9. p. 275 aleak --> a leak
10. p. 280 perpretrators --> perpetrators
11. p. 285 dependancies --> dependencies
12. p. 287 succed --> succeed





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