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depend on the people's good-will to government, their rights would be trampled on; they would be treated with con-, tempt. Another reason, why I think they would not be satisfied with such a partial repeal, is that their agreements, not to import till the repeal takes place, include the whole; which shows, that they object to the whole; and those agreements will continue binding on them, if the whole is not repealed.

3d. "Do you think the only effectual way of composing the present differences is to put the Americans precisely in the situation they were in before the passing of the late stamp act?"

A. I think so.

4th. "Your reasons for that opinion?"

A. Other methods have been tried. They have been refused or rebuked in angry letters. Their petitions have been refused or rejected by parliament. They have been threatened with the punishments of treason by resolves of both houses. Their assemblies have been dissolved and troops have been sent among them: but all these ways have only exasperated their minds and widened the breach. Their agreements to use no more British manufactures have been strengthened; and these measures, instead of composing differences, and promoting a good correspondence, have almost annihilated your commerce with those countries, and greatly endanger the national peace and general welfare.

5th." If this last method is deemed by the legislature, and his majesty's ministers, to be repugnant to their duty as guardians of the just rights of the crown, and of their fellow-subjects; can you suggest any other way of terminating these disputes, consistent with the ideas of justice and propriety conceived by the king's subjects on both sides the Atlantic ?"

A. I do not see how that method can be deemed repugnant to the rights of the crown. If the Americans are put into their former situation, it must be by an act of parliament; in the passing of which by the king, the rights of the crown

7th. "If they are relieved in part only, what do you, as a reasonable and dispassionate man, and an equal friend to both sides, imagine will be the probable consequences?

A. I imagine, that repealing the offensive duties in part will answer no end to this country; the commerce will remain obstructed, and the Americans go on with their schemes of frugality, industry, and manufactures, to their own great advantage. How much that may tend to the prejudice of Britain, I cannot say; perhaps not so much as some apprehend, since she may in time find new-markets. But I think, if the union of the two countries continues to subsist, it will not hurt the general interest; for whatever wealth Britain loses by the failing of its trade with the colonies, America will gain; and the crown will receive equal aids from its subjects upon the whole, if not greater.

And now I have answered your questions, as to what may be, in my opinion, the consequences of this or that supposed measure, I will go a little further, and tell you, what I fear is more likely to come to pass in reality. I apprehend, that the ministry, at least the American part of it, being fully persuaded of the right of parliament, think it ought to be enforced, whatever may be the consequences; and at the same time do not believe, there is even now any abatement of the trade between the two countries on account of these disputes; or, that if there is, it is small, and cannot long continue. They are assured by the crown-officers in America, that manufactures are impossible there; that the discontented are few, and persons of little consequence; that almost all the people of property and importance are satisfied, and disposed to submit quietly to the taxing power of parliament; and that if the revenue-acts are continued, and those duties only that are called anti-commercial be repealed, and others perhaps laid in their stead, the power ere long will be patiently submitted to, and the agreements not to import be broken, when they are found to produce no change of measures here. From these and similar misinformations, which seem to be credited, I think it likely, that no thorough redress of grievances will be afforded to

America this session. This may inflame matters still more in that country; farther rash measures there may create more resentment here, that may produce not merely ill-advised dissolutions of their assemblies, as last year, but attempts to dissolve their constitution 8; more troops may be sent over, which will create more uneasiness; to justify the measures of government, your writers will revile the Americans in your newspapers, as they have already begun to do, treating them as miscreants, rogues, dastards, rebels, &c. to alienate the minds of the people here from them, and which will tend farther to diminish their affections to this country. Possibly, too, some of their warm patriots may be distracted enough to expose themselves by some mad action to be sent for hither, and government here may be indiscreet enough to hang them, on the act of Henry VIII. Mutual provocations will thus go on to complete the sepa ration; and instead of that cordial affection, that once and so long existed, and that harmony, so suitable to the circumstances, and so necessary to the happiness, strength, safety, and welfare of both countries, an implacable malice and mutual hatred, such as we now see subsisting between the Spaniards and Portuguese, the Genoese and Corsicans, from the same original misconduct in the superior governments, will take place: the sameness of nation, the similarity of religion, manners, and language, not in the least preventing in our case, more than it did in theirs. I hope, however, that this may all prove false prophecy, and that you and I may live to see as sincere and perfect a friendship established between our respective countries, as has so many ⚫years subsisted between Mr. Strahan, and his truly affectionate old friend,

B. FRANKLIN.

g This was afterwards attempted by the British legislature, in the case of the province of Massachusett's Bay.

h The lords and commons very prudently concurred in an address for this purpose, and the king very graciously assured them of his compliance with their

wishes,

Y y

Dr. Franklin to W. Strahan on his parliamentary Conducti

MR. STRAHAN,

Philadelphia, July 5, 1775.

YOU are a member of that parliament, and have formed part of that majority, which has condemned my native country to destruction.

You have begun to burn our towns, and to destroy their inhabitants!

Look at your hands!they are stained with the blood of your relations and your acquaintances.

You and I were long friends; you are at present my enemy, and I am yours.

B. FRANKLIN.

State of the Constitution of the Colonies, by Governor Pownall; with Remarks by Dr. Franklin.

[PRINCIPLES.]

1. WHEREVER any Englishmen go forth without the realm, and make settlements in partibus exteris," These settlements as English settlements, and these inhabitants as English subjects (carrying with them the laws of the land wherever they form colonies, and receiving his majesty's protection by virtue of his royal charter" or commissions of government) "have and enjoy all liberties and immuni ties of free and natural subjects, to all intents, constructions, and purposes whatsoever, as if they and every of them were

i This letter appeared, shortly after the period of its date, in the London papers.

k This state of the constitution of the colonies was printed at the close of 1769, and communicated to various persons, with a view to prevent mischief, from the misunderstandings between the government of Great Britain and the people of America. It was the production of governor Pownall. Dr. Franklin's remarks from their early date are particularly curious; they were commu nicated in MS. to governor Pownall; and from an observation in reply, signed T. P. appear to have been returned.

1 Pratt and York.

born within the realmm ;" and are bound by the like allegiance as every other subject of the realm.

Remarks. The settlers of colonies in America did not carry with them the laws of the land, as being bound by them wherever they should settle. They left the realm to avoid the inconveniences and hardships they were under, where some of those laws were in force, particularly ecclesiastical laws, those for payment of tythes and others. Had it been understood, that they were to carry these laws with them, they had better have staid at home among their friends, unexposed to the risks and toils of a new settlement. They carried with them, a right to such parts of the laws of the land, as they should judge advantageous or useful to them: a right to be free from those they thought hurtful; and a right to make such others, as they should think necessary; not infringing the general rights of Englishmen: and such new laws they were to form, as agreeable as might be to the laws of England. B. F.

2. Therefore the common law of England, and all such statutes as were enacted and in force at the time in which such settlers went forth, and such colonies and plantations were established, (except as hereafter excepted) together with all such alterations and amendments as the said common law may have received, is from time to time, and at all times, the law of those colonies and plantations.

Rem. So far as they adopt it, by express laws or by practice. B. F.

3. Therefore all statutes, touching the right of the succession, and settlement of the crown, with the statutes of treason relating thereto"; all statutes, regulating or limit

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m General words in all charters.

n [i. e.] All statutes respecting the general relations between the crown and the subject, not such as respect any particular or peculiar establishment of the realm of England. As for instance: by the 13th and 14th of Car. II. c. 2. the supreme military power is declared to be in general, without limitation, in his majesty, and to have alway been of right annexed to the office of king of England, throughout all his majesty's realms and dominions; yet the enacting clause, which respects only the peculiar establishment of the militia of Eng

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