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Franklin, Benjamin, as Pennsylvania's Colonial Agent in London
Description
Provenance
Literature
Papers of Benjamin Franklin, ed. Labaree, 14:62–71; cf. David T. Morgan, The Devious Dr. Franklin, Colonial Agent: Benjamin Franklin's Years in London (Mercer University Press, 1999).
n.b.: The text of this letter survives in two forms, the holograph offered here and in a transcription by an unidentified clerical hand, dated 11 April 1767. In a prefatory note, the editors of The Papers of Benjamin Franklin explain that "Subsequent letters from Franklin to Kames ... establish clearly that Franklin wrote a long letter to Kames in February or early March 1767 'on the Subject of the Disputes with America,' but that the letter apparently 'miscarried,' and that Kames never received it. With his letter of Feb. 21, 1769, therefore, Franklin sent 'a Copy of it from my Book.' The editors believe that the surviving manuscript dated Feb. 25, 1767, marked 'Copy' and wholly in Franklin's hand is the replacement Franklin made from his letterbook copy of the lost original." It is probable that the original letter "Miscarried" due to the interference of the English authorities, who were already closely watching Franklin.
Condition
In response to your inquiry, we are pleased to provide you with a general report of the condition of the property described above. Since we are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report. Prospective buyers should inspect each lot to satisfy themselves as to condition and must understand that any statement made by Sotheby's is merely a subjective qualified opinion.
NOTWITHSTANDING THIS REPORT OR ANY DISCUSSIONS CONCERNING CONDITION OF A LOT, ALL LOTS ARE OFFERED AND SOLD "AS IS" IN ACCORDANCE WITH THE CONDITIONS OF SALE PRINTED IN THE CATALOGUE.
Catalogue Note
One of the most incisive and significant letters every written by Benjamin Franklin, describing a virtual roadmap to revolution that Great Britain is forcing her American colonies to take: "America, an immense Territory favour'd by Nature with all Advantages of Climate, Soil, great navigable Rivers and Lakes, &c. must become a great Country, populous and mighty; and will in a less time than is generally conceiv'd be able to shake off any Shackles that may be impos'd on her. ..."
The Stamp Act crisis forced many loyal colonists of British America to choose between their mother country and their new one, perhaps none as dramatically as Benjamin Franklin. Though Franklin had represented Pennsylvania's interests well from the time of his first appointment as that colony's agent to London in 1757, he had never neglected his own interests either, and had remained receptive to accepting a position in the English government. In the words of David T. Morgan, it was the adoption, opposition to, and repeal of the Stamp Act that made clear to Franklin "that his ultimate loyalty lay with the American colonies."
When Franklin first arrived in Great Britain, he considered himself a loyal British citizen who happened to live in the American colonies. As this letter demonstrates, a decade later Franklin was well on his way to thinking of himself as an American.
Lord Kames, a Scottish judge and author, was one of Franklin's earliest and closest friends in Britain. Franklin and his son stayed twice at Kames's estate during their 1759 visit to Scotland, and Franklin later told his host that "the Time we spent there, was Six Weeks of the densest Happiness I have met with in any Part of my Life" (Paper of Benjamin Franklin, ed. Labaree, 9:9). The present letter—a virtual manifesto of American independence—finds Franklin in a more melancholic mood, as he responds to Kames's assessment of the "delicate and critical Situation of Affairs between Britain and her Colonies; and on that weighty Point their Union."
Dispensing quickly with formal opening pleasantries, Franklin readily takes up his correspondent's theme, touching on his own testimony to Parliament on the Stamp Act, as well as on the notion that British America did not pay a fair share of the French and Indian War. "I never reciv'd a Letter that contain'd Sentiments more suitable to my own. [Like all of Kames's letters to Franklin, the particular letter referred to is lost.] It found me under much Agitation of Mind on the very important Subject it treated. It fortified me greatly in the Judgment I was inclined to form (tho' contrary to the general Vogue) on the then delicate and critical Situation of Affairs between Britain and her Colonies; and on that weighty Point their Union. You guess'd aright in supposing I could not be a Mute in that Play. I was extreamly busy, attending Members of both Houses, informing, explaining, consulting, disputing, in a continual Hurry from Morning to Night till the Affair was happily ended. During the Course of it, being called before the House of Commons, I spoke my mind pretty plainly. Inclos'd I send you the imperfect Account that was taken of that Examination; you will there see how intirely we agree, except in a Point of Fact of which you could not but be mis-inform'd, the Papers at that time being full of mistaken Assertions, that the Colonies had been the Cause of the War, and had ungratefully refus'd to bear any part of the Expence of it.—I send it you now, because I apprehend some later Incidents are likely to revive the Contest between the two Countries, I fear it will be a mischievous one. It becomes a matter of great Importance that clear Ideas should be formed on solid Principles, both in Britain and America, of the true political Relation between them, and the mutual Duties belonging to that Relation. Till this is done, they will be often jarring. I know none whose Knowledge, Sagacity and Impartiality, qualify them so thoroughly for such a Service, as yours do you. I wish therefore you would consider it. You may thereby be the happy Instrument of great Good to the Nation, and of presenting such Mischief and Bloodshed."
As Franklin's missive continues, he debunks the idea that Parliament has a right to tax the American colonies because they had been founded at Parliament's expense. Indeed, his letter unmistakably foreshadows a number of the grievances articulated in Jefferson's Declaration of Independence, including the lack of colonial representation in Parliament; "imposing Taxes on us without our Consent"; "quartering large Bodies of Armed Troops among us"; and "suspending our own Legislatures, and declaring themselves invested with Power to legislate for us" (the last three phrases are Jefferson's words).
"I am fully persuaded with you, that a consolidating Union, by a fair and equal Representation of all the Parts of this Empire in Parliament, in the only firm Basis on which its political Grandeur and Stability can be founded. Ireland once wish'd it, but now rejects it. The Time has been when the Colonies might have been pleas's with it; they are now indifferent about it; and, if 'tis much longer delay'd, they too will refuse it. But the Pride of this People cannot bear the Thought of it. Every Man in England seems to consider himself as a Piece of a Sovereign over America; seems to jostle himself into the Throne with the King, and talks of our Subjects in the Colonies. The Parliament cannot well and wisely make Laws suited to the Colonies, without being properly and truly informed of their Circumstances, Abilities, Temper, &c. This is cannot be without Representatives from thence. And yet it is fond of this Power, and averse to the only Means of duly acquiring the necessary Knowledge for exercising it, which is desiring to be omnipotent without being omniscient.
"I have mentioned that the Contest is like to be revived. It is on this Occasion.—In the same Session with the Stamp Act, an Act was pass'd to regulate the Quartering of Soldiers in America. When the Bill was first brought in, it contain'd a Clause impowering the Officers to quarter their Soldiers in private Houses; this we warmly oppos'd, and got it omitted. The Bill pass'd however, with a Clause that empty Houses, Barns, &c. should be hired for them; and that the respective Provinces where they were, should pay the Expence, and furnish Firing, Bedding, Drink, and some other Articles, to the Soldiers, gratis. There is no way for any Province to do this, but by the Assembly's making a Law to raise the Money. Pensilvania Assembly has made such a Law. New York Assembly has refus'd to do it. And now all the Talk here is to send a Force to compel them.
"The Reasons given by the Assembly to the Governor for their Refusal, are, That they understand the Act to mean the furnishing such things to Soldiers only while on their March thro' the Country, and not to great Bodies of Soldiers to be fixt as at present in the Province, the Burthen in the latter Case being greater than the Inhabitants can bear: That it would put it in the Power of the Captain General to oppress the Province at pleasure, &c. But there is suppos'd to be another Reason at bottom, which they intimate, tho' they do not plainly express it; to wit, that it is of the nature of an internal Tax laid on them by Parliament, which has no Right so to do. Their Refusal is here called Rebellion, and Punishment is thought of.
"Now waiving that Point of Rights, and supposing the Legislatures in America subordinate to the Legislature of Great Britain, one might conceive, I think, a Power in the superior Legislature to forbid the inferior Legislature's making particular Laws; but to enjoin it to make a particular Law, contrary to its own Judgment, seems improper, and Assembly or Parliament not being an executive Officer of Government, whose Duty it is, in Law-making, to obey Orders; but a deliberative Body, who are to consider what comes before them, its Propriety, Practicability, or Possibility, and to determine accordingly. The very Nature of a Parliament seems to be destroy'd, by supposing it may be bound and compell'd by a Law of a superior Parliament to make a Law contrary to its own Judgment.
"Indeed the Act of Parliament in question has not, as in the other Acts, when a Duty is injoined, directed a Penalty on Neglect or Refusal, and a Mode of Recovering that Penalty. It seems therefore to the People in America as a mere Requisition, which they are at Liberty to comply with or not as it may suit or not suit the different Circumstances of different Colonies. Pensilvania has therefore voluntarily comply'd. New York, as I said before; has refus'd. The Ministry that made the Act, and all their Adherents, call out for Vengeance. The present Ministry are perplext, and the Measures they will finally take on the Occasion are unknown. But sure I am, that, if a Force is us'd, great Mischief will ensue, the Affections of the People America to this Country will be alienated, your commerce will be diminished, and a total Separation of Interests be the final Consequence.
"It is a common but mistaken Notion here, that the Colonies were planted at the Expence of Parliament, and that therefore the Parliament has a Right to tax them, &c. The Truth is, they were planted at the Expence of private Adventurers, who went over there to settle with Leave of the King given by Charter. On receiving this Leave and these Charters, the Adventurers voluntarily engag'd to remain the King's Subjects, though in a foreign Country, a Country which had not been conquer'd by either King or Parliament, but was possess'd by a free People. When our Planters arriv'd, they purchas'd the Lands of the Natives without putting King or Parliament to any Expence. Parliament has not hand in their Settlement, was never so much as consulted about their Constitution, and took no kind of Notice of them till many Years after they were established; never attempted to meddle with the Government of them, till that Period when it destroy'd the Constitution of all Parts of the Empire, and usurp'd a Power over Scotland, Ireland, Lords & Kings. I except only the two modern Colonies, or rather Attempts to make Colonies, (for they succeed but poorly, and as yet hardly deserve the Name of Colonies) I mean Georgia and Nova Scotia, which have been hitherto little better than Parliamentary Jobbs.—Thus all the Colonies acknowledge the King as their Sovereign: His Governors there represent his Person. Laws are made by their Assemblies or little Parliaments, with the Governor's Assent, subject still to the King's Pleasure to confirm or annul them. Suits arising in the Colonies, and Differences between Colony and Colony, are determined by the King in Council. In this View they seems so many separate little States, subject to the same Prince. The Sovereignty of the King is therefore easily understood. But nothing is more common here than to talk of the Sovereignty of Parliament, and the Sovereignty of this Nation over the Colonies; a kind of Sovereignty the Idea of which is not so clear, nor does it clearly appear on what Foundations it is established. On the other hand it seems necessary for the common Good of the Empire, that a Power be lodg'd somewhere to regulate its general Commerce; this, as Things are at present circumstanc'd, can be plac'd no where so properly as in the Parliament of Great Britain; and therefore tho' that Power has in some Instances been executed with great Partiality to Britain and Prejudice to the Colonies, they have nevertheless always submitted to it. Customhouses are establish'd in all of them by Virtue of Laws made here, and the Duties constantly paid, except by a few Smugglers, such as are here and in all Countries; but internal Taxes laid on them by Parliament are and ever will be objected to, for the Reasons that you will see in the mentioned Examination."
As Franklin approaches his conclusion, he admits that the American colonists still hold "much Respect, Veneration and Affection for Britain." And yet he seems to be looking forward to the time when all political connection between the American Colonies and Great Britain "is and ought to be totally dissolved," as he powerfully and poetically informs Kames that "the Seeds of Liberty are universally sown there, & nothing can eradicate them":
"Upon the whole, I have lived so great a Part of my Life in Britain, and have formed so many Friendships in it, that I love it and wish its Prosperity, and therefore wish to see that Union on which alone I think it can be secur'd and establish'd. As to America, the Advantages of such an Union to her are not so apparent. She may suffer at present under the arbitrary Power of this Country; she may suffer for a while in a Separation from it; but these are temporary Evils that she will outgrow. Scotland and Ireland are differently circumstanc'd. Confin'd by the Sea, they can scarcely increase in Numbers, Wealth and Strength so as to overbalance England. But America, an immense Territory favour'd by Nature with all Advantages of Climate, Soil, great navigable Rivers and Lakes, &c. must become a great Country, populous and mighty; and will in a less time than is generally conceiv'd be able to shake off any Shackles that may be impos'd on her, and perhaps place them on the Imposers In the mean time, every Act of Oppression will sour their Tempers, lessen greatly if not annihilate the Profits of your Commerce with them, and hasten their final Revolt. For the Seeds of Liberty are universally sown there, & nothing can eradicate them. And yet there remains among that People so much Respect, Veneration and Affection for Britain, that, if cultivated prudently, with kind Usage and Tenderness for their Privileges, they might be easily govern'd still for Ages, without Force or any considerable Expence. But I do not see here a sufficient Quantity of the Wisdom that is necessary to produce such a Conduct, and I lament the Want of it."
Recognizing that his epistle was approaching the length of pamphlet, Franklin hurries through some remarks on his recent reading and other perfunctory topics, admitting to Kames, "This is unexpectedly grown a long Letter."
The letter had also unexpectedly become one of Franklin's most eloquent statements on the character of America and the destiny of her people—indeed, it ranks with the most significant American historical manuscripts sold in recent years, analogous to the 1804 Thomas Jefferson letter to Barthelemy Faujas discussing the objectives of the Lewis and Clark expedition (sold here in December 2002 for $1,439,500) and the magnificent and moving "children's petition" letter by Abraham Lincoln (sold here last April for $3,400,000). The editors of The Papers of Benjamin Franklin write that paragraph quoted above, beginning "Upon the whole," "summarizes perhaps as well any statement of equal length in Franklin's wiritngs his basic view during most of the period of friction between Great Britain and the colonies," and the full letter is quoted at length in virtually all significant biographies of Benjamin Franklin. Since its acquisition by its current owner, Franklin's 25 February 1767 letter to Kames has been featured in three major exhibitions: "The Art of Independence" (Portland Museum of Art, Portland, Oregon, June–September 1997); "Revolutionary America—1763–1789" (Herbert Hoover Presidential Library and Museum, West Branch, Iowa, April–November 2002); and "Glorious Lessons: The Idea of America" (The Regina A. Quick Center for the Arts, St. Bonaventure University, Olean, New York, September 2004–March 2005).