# American History Told by Contemporaries/Volume 2/Chapter 9

CHAPTER IX — COLONIAL ASSEMBLIES
61. A Colonial Election (1764)
BY CHARLES PETTIT
Pettit was a relative of Joseph Reed, who was the friend and correspondent of Washington. The incident of the election is typical of such struggles in other colonies. — Bibliography : C. Bishop, History of Elections in the American Colonies.
Philadelphia, November 3, 1764.
I DON'T remember that I have told you any thing about our late election, which was really a hard fought one, and managed with more decency and good manners than wou'd have been expected from such irritated partisans as appeared as the champions on each side. The most active or rather at the head of the active on the old side, appeared A. James and T. Wharton ; and on the new side, John Lawrence seem'd to lead the van. The Dutch Calvinists and the Presbyterians of both Houses I believe to a man assisted the new ticket. The Church were divided and so were the Dutch Lutherans. The Moravians and most of the Quakers were the grand supporters of the old ; the McClenaghanites were divided, tho chiefly of the old side. The poll was opened about 9 in the morning, the 1st of October, and the steps so crowded, till between 11 and 12 at night, that at no time a person could get up in less than a quarter of an hour from his entrance at the bottom, for they could go no faster than the whole column moved. About 3 in the morning, the advocates for the new ticket moved for a close, but (O ! fatal mistake !) the old hands kept it open, as they had a reserve of the aged and lame, which could not come in the crowd, and were called up and brought out in chairs and litters, &c., and some who needed no help, between 3 and 6 o'clock, about 200 voters. As both sides took care to have spies all night, the alarm was given to the new ticket men ; horsemen and footmen were immediately dispatched to Germantown, &c., and by 9 or 10 o'clock they began to pour in, so that after the move for a close, 7 or 800 votes were procured ; about 500 or near it of which were for the new ticket, and they did not close till 3 in the afternoon, and it took them till 1 next day to count them off. ​The new ticket carried all but Harrison and Antis, and Fox and Hughes came in their room ; but it is surprising that from upwards of 3900 votes, they shou'd be so near each other. Mr. Willing and Mr. Bryan were elected Burgesses by a majority of upwards of 100 votes, tho' the whole number was but about 1300. Mr. Franklin died like a philosopher. But Mr. Galloway agonized in Death, like a Mortal Deist, who has no Hopes of a Future Existence. The other Counties returned nearly the same members who had served them before, so that the old faction have still considerable majority in the House. Mr. Norris was as usual elected Speaker, but finding the same factious disposition remained, and a resolution to pursue the scheme for a change of the Government, he declined the Chair, and withdrew himself from the House, whereupon Joseph Fox, Esq., was chosen Speaker, but the Governor being absent, (attending his Lower County Assembly,) they dispensed with the form of presenting him for approbation, and went upon business. The first or one of the first resolves they made, was to send Mr. Franklin to London, in the capacity of agent for the Province, to assist Mr. Jackson. The opposition given to this measure, occasioned some debate, in the course of which the new Speaker gave some hints that a debate was needless, as the members had determined the affair without doors. The Gentlemen in the opposition, finding themselves overruled, drew up a protest in form (which you will see in a paper I shall enclose you, directed to be left at the Pennsylvania Coffee House), but could not get it entered on the minutes of the House. Mr. Franklin goes in the Capt. Robinson. Mr. Hamilton I believe will go in the next ship, but in a private capacity. A number of squibs, quarters, and half sheets, were thrown among the populace on the day of election, some so copious as to aim at the general dispute, and others, more confined, to Mr. Dickinson and Mr. Galloway, with now and then a skit at the Doctor, but these had little or no effect.
William B. Reed, Life and Correspondence of Joseph Reed (Philadelphia, 1847), I, 36-37
62. Proceedings of a Colonial Legislature (1723) BY THE GENERAL ASSEMBLY OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
This brief extract illustrates the variety of colonial business. — Bibliography: Charming and Hart, Guide, § 147. See also Contemporaries, I, Nos. 65, 104, 121, 131, 1 60, and below, Nos. 180, 187.
Richard Ward, recorder.
Col. William Wanton, speaker.
An Act for the better securing the pirates, now in His Majesty's jail, in Newport.
Forasmuch as there are thirty pirates brought into this harbor, by Capt. Solegarr, commander of His Majesty's ship the Grey Hound, and now in His Majesty's jail, in Newport, and it being suspected that they may endeavor to escape from thence, unless they are watched and guarded by night ; —
For the preventing of which, be it enacted by the General Assembly, and by the authority of the same it is enacted, that the field officers of the regiment of the militia on the islands, shall, and they are hereby empowered to order and set a military watch of such and so many men as they shall deem needful and necessary, to secure the said pirates from making their escape if attempted, and to set such penalties on default of not watching, as to them shall seem needful ; and that the charge of the watch be paid out of the general treasury ; any former law, custom or usage to the contrary hereof, in any wise notwithstanding.
Voted, that ₤100, be remitted out of the general treasury, to our agent in Great Britain, for the service of the colony ; and Col. Wm. Coddington and the general treasurer procure bills of exchange or silver, to that value, and deliver it to the Governor, who is to send it to our agent.
Voted, that the ₤123, odd money, in the hands of Mr. Robert Gardner, late naval officer, be paid by him to Capt. Simon Ray, to and for the use of New Shoreham, to assist them in rebuilding their pier, they building it in two years time.
Voted, that the sum of ₤642 12s. 1d., of torn ragged bills in the treasury, be burnt in the presence of this Assembly ; and it was burnt accordingly. ​Voted, that the general treasurer get the colony house repaired, and refitted where needful ; and the charges to be paid out of the general treasury.
Voted, that Mr. Daniel Updike, the attorney general, be, and he hereby is ordered, appointed and empowered to gather in the money due to this colony, for the importation of negroes, and to prosecute, sue and implead such person or persons as shall refuse to pay the same ; and that he be allowed five shillings per head, for every slave that shall be hereafter imported into this colony, out of the impost money ; and that he be also allowed ten per cent, more for all such money as he shall recover of the outstanding debts ; and in all respects to have the like power as was given to the naval officer by the former act.
This Assembly is adjourned to the second Tuesday of September next ensuing.
God save the King.
John Russell Bartlett, editor, Records of the Colony of Rhode Island and Providence Plantations, in New England (Providence, 1859), IV, 329-330.
63. The Dissolution of an Assembly (1736/7)
Johnston's experience in North Carolina was repeated in almost all the colonies. — For the refusal of assemblies to separate in 1774-75, see Nos. 184, 187 below.
I WAS obliged to prorogue last Assembly at Edenton which at first promised very fair to settle this Country by enacting some good Laws. But an Emissary from the late Governour who arrived here during their sitting did amuse them with so many representations that it was impossible to do business with them, according to the last prorogation I met them here on the first current and recommended to their consideration the present miserable case of the Province. But instead of mending that the first thing they attempted was to take the Officers who distrained for his Majesty's Quit Rents during the time of Collection into Custody upon which I dissolved them by the enclosed proclamation. I hope Sir you will be so good as to say before their Lordships what I have now wrote to you in a very great hurry, But as the affair is pressing I hope you will excuse any oversight. I am Sir, yours, &c.,
GAB: JOHNSTON
Newbern March 11th 17367 ​North Carolina.
By his Excellency Gabriel Johnston Esq$^{re}$ Cap$^t$ Gen$^l$ & Govern$^r$ in Chief of the said Province.
A Proclamation.
Whereas the Lower House of Assembly instead of redressing the many Grievances the Country labour under for want of a sufficient maintenance being provided for the Clergy & proper additions to and amendments of the Laws in force which are at present so defective both which have been so often and so earnestly recommended to them, Have taken upon them in a very disorderly and undutiful manner to intimidate his Majesties officers in the execution of their duty by order of them into Custody, thereby to prevent the Collection of the Quit Rents so long due to his Majesty I do therefore by and with the advice and consent of his Majesty s Council, dissolve this Assembly, & this present Assembly is accordingly dissolved.
March 4th 17367.
William L. Saunders, editor, The Colonial Records of North Carolina (Raleigh, 1886), IV, 243-244.
64. Minutes of a Colonial Council (1752)
BY SECRETARY CHARLES READ
Read held various positions of trust in New Jersey, and in 1764 was commissioned chief justice of that state. The extract shows the combination of legislative, executive, and judicial functions in the Council. — Bibliography : T. F. Moran, Bicameral System Channing and Hart, Guide, § 147.
THE Minitts of the Council of the Province of New Jersey on the 10th & 11th of August 1752
At a Council held at Elizabeth Town on Monday the Tenth of August 1752
PRESENT
His Excellency the Governour The Hono$^{ble}$. James Alexander, Andrew Johnston James Hude —Peter Kemble Esq$^{rs}$
Gentlemen of the Council
"This being one of our Stated Quarterly Meetings I shall be glad to near any thing you have to offer for His Majestys Service as for the good of the Province and I wou'd now more particularly ask your Advice and Opinion whether it may be necessary or Expedient soon to meet the Assembly to see whether the Governour Council and Assembly can fall into any Act or Acts for the Better Suppressing the Riots and disorders which has disturbed the peace of the Province for a great Number of years past (long before my Arrival).
"And also to have your advice whether it may be best to give Orders for an Especial and Speedy prosecution of such as have been or may be Apprehended for Breaking open the Kings Goals of the Province in these things I say I shall be glad of your advice and am always ready Chearfully to join with you in such measure as may be judgd will most of all Contribute to the Establishment of the peace and Tranquility of the Province."
J Belcher
Elizabeth Town August 10: 1752
The Council taking the same into Consideration are of Opinion that there is no reason to hope for any Success from any Application to the Assembly in Respect to the Riotts untill His Majesty shall be pleased to send His Especial Commands therein and therefore cannot [advise] His Excellency to call the Assembly on that Account only That as to the prosecutions they are of Opinion that His Majestys Attorney General shou'd proceed according to the known Laws of the Land and that they see no Room to give any particular direction therein.
A Petition from the Mayor Recorder Aldermen and Common Council of the free borough of Elizabeth in behalf of themselves and others the Inhabitants within the said Borough to have their Charters Altered & some further Privligdes &c$^a$. was read.
A Petition of Joseph Bonney and his Letter of the 20th. of July was read.
The Council are of Opinion that Neither His Excellency or the Council can do any thing in Respect to the Petition of Joseph Bonney ​without aid of the Legislature that for anything that appears there may be relief for him in the Courts of Justice.
The Council taking into Consideration the Petition of the Mayor Recorder &c$^a$. of the Free Borough of Elizabeth are of Opinion that the same be referred to M$^r$. Alexandr M$^r$. Hude M$^r$. Johnston M$^r$. Kemble M$^r$. Ogden or any three of them and that the Petitioners or some of them have Notice to deliver to the Committee a Draught of the Charter they Petition for.
His Excellency was pleased to Nominate John Roye and Ichabord Tompkins as Justices of the Peace in the County of Somerset to whom the Council agreed.
Orderd they be added to said Commission.
Also Nominated Stephen Crane and Timothy Whitehead to be Justices of the Peace for the County of Essex to which the Council agreed :
Ordered that they be added to the Commission for said Countys in Rank according to their Appointments.
His Excellency by advice of Council signed the following Warrants.
| N$^o$. |
| 200. | To himself for a Quarters Salary due this day | 250.0.0 |
| 201. | To himself for a Quarters House Rent due this day | 15.0.0 |
| 203. | To the Hono$^{ble}$. James Alexander Esq$^r$ for one hundred and Seventy two days Attendance in Council between 29 : of March 1749 to February 14 : 752 | 51.18.0 |
| 205. | To Samuel Nevill Esq$^r$. Second Justice of the Supreme Court for Attending the Supreme Court at Burlington in May 1752 and for Holding the Court of Nisi Prius and Court of Oyer & Terminer in the County of Hunterdon on the Third Tuesday in May 1752 . . . . . | 16.0.0 |
| 206. | To Ditto for his Salary as Second Judge of the Supream Court from the 10 : of May to the 10 : of August 1752 . . . . . . . | 6.5.0 |
| 207. | To Charles Read Esq$^r$ for a Quarters Salary as Clerk of the Council for the Quarter ended this day. | 7.10.0 |
| 208. | To Ditto for a Quarters Salary as Third Justice of the Supream Court for the Quarter ended this day. | 6.5.0 |
| 209. | To Joseph Warrell Esqr for a Quarters Salary as Attorney General for the Quarter ended this day | 7.10.0 |
| 210. | To Andrew Johnston Esqr for a Quarters Salary as One of the Treasurers of the Province for the Quarter ended this day | 10.00.0 |
| 211. | To Samuel Smith Esq$^r$. for Quarters Salary as one of the Treasurers of the Province for the Quarter ended this day | 10.00.0 |
| 212. | Samuel Smith Esq$^r$. for Copying the Votes of the General Assembly and the Laws passed in the Sessions at Burlington in September and October 1751 Also for Pens, Ink & Paper | 10.18.0 |
| 213. | To John Smith a Quarters Salary as Clerk of the Circuits for the Quarter ended this day | 5.00.0 |
| 214. | To William Bradford in full of his Account allowd | 141.1.0 |
| 215. | To Ditto for One Hundred and Sixty Bound Books of the Laws of the Province as Act of General Assembly | 200.00.0 |
| 216. | To Anthony Elton for a Quarters Salary as Door keeper to the Council for the Quarter ended this day | 2.10.0 |
M$^r$ Alexander acquainted His Excellency that Lewis Ashfield Esq$^r$was at the Door attending with his Majestys Mandamus to His Excellency for Swearing and admitting him One of His Majestys Council of this Province with a Certificate of his Acquital by due Course of Law of what he had been Chargd with and allegd as Reason for the Delay of his Qualification and prayd that he might be calld in.
His Excellency adjourned the Council to Meet to morrow morning at Ten O'Clock.
TUESDAY AUGUST 11 : 1752
The Council Met Present His Excellency the Governor The Hon$^{ble}$. James Hude, Andrew Johnston & Peter Kemble Esq$^{rs}$.
His Excellency gave the following Answer to the Motion of James Alexander Esq$^r$. of yesterday.
Gentlemen of the Council
"After what I said to you in October last & is on the Council Minits I am Surprized at the Motion made yesterday by M$^r$. Alexander relating to the Kings Mandamus for admitting M$^r$. Ashfield into the Council ​wth: w$^{ch}$: I once more tell you, You have no Business or Concern nor willI hear anything from you about it this I say to save Yourselves or me any further trouble and if you are minded to show that Young Gentleman any Respect I would advise you to teach him his Duty in this matter To the Kings Governour and when he practices it he shall have my Answer."
J Belcher
Elizabeth Town August 11 : 1752
His Excellency laid before the Board for their Consideration a Charter proposed for the Incorporation of the Five Dutch reformd Churches in the Counties of Middlesex, Somersett and Hunterdon w$^{ch}$. being Read It is Orderd that it be Referrd to their next Quarterly meeting and that in the mean time the Secretary do procure the Statute of Mortmain.
Compared w$^{ch}$. Minitts of Council of the Province of New Jersey of w$^{ch}$. this is a true Copy
William A. Whitehead, editor, Documents relating to the Colonial History of the State of New Jersey (Newark, 1885), VIII (i), 103-108 passim.
65. A Determined Veto Message (1742) BY GOVERNOR LEWIS MORRIS
Morris was a member of the Council, chief justice, and finally governor of New Jersey. The extract is selected as an example of the absolute veto of governors. —Bibliography: E. C. Mason, Veto Power, § 7.
THERE are two Acts now before me to which my Assent is desired . . . but they now come up in two distinct Acts, and if the other part, with respect to the Enregistring of deeds, had come up in a distinct Act also, then my assent had been desired to three Acts, which had been formerly repealed, by his Majesty, under one title in one bill ; and all the three might have been as well ofrid [offered] for my assent as any two of them as it doth not appear for what particular part the Act before mentioned was disallow'd of tho' certain it is the whole and all the parts of it were disallow'd of; with what View was my Assent desired to Acts, disallow'd of by his Majesty & that even without a suspending Clause according to his Instructions, well known to you, unless it was to Expose me to Just censure for giving such Assent ; and how kind it was to do so, I leave to be determined by all Indifferent persons; and ​even to the consciences, of those concern'd in the doing of it ; & I hope my not Assenting to Laws I am not Irnpowered to Assent unto will not be call'd a fault ; but on the contrary, a Strict adherence to do my Duty which by Gods assistance, nothing shall intimidate me from doing.
There is nothing more common in the mouths of the populace than, Saying give us good laws, and we will Support the Government and what they call good laws, are such only as they like ; and Agreeable to this they are made to believe, that if the Governor doth not Assent to such Laws as are Off'red for his Assent, the Assembly are Justifiable in not raising a Support for his Majesty's Government ; tho' he is forbid to Assent to those Laws : as in the Cases before mentioned ; or tho' the Govern$^r$ himself very much disapproves of them ; which (notwithstanding the Attempts of your Honourable House with respect to the bills of Credit made in the year 1724) I hope no body will presume to say, he has not a right to do.
The Assent to Laws we have a power to make ought to be free, and not compell'd in any part of the Legislature, and I believe you would think so your selves, were there any Attempts made to compell your Assent to any Law propos'd by the Council, Yet I may ask with what view those Strong Endeavours were made in your House, to annex a fee bill to the bill for Support of the Government, (a bill to which you would never suffer an Amendment to be made) unless it was to Compell the Governor and Council, to pass that fee bill, in such manner as your Honourable House should pass it without any Amendment?
It is true the attempt did not succeed; and I thank you for what is done but believe most People will think it had been more for the interest of the Publick, if it had been made for a longer time ; and it may not be unworthy your Notice to Observe, that this fee bill tho not Intitled An Act to Inforce Obedience to an Ordinance made for Establishing fees & yet whatever title you will please to give it, if it be of the same nature of that which was twice repeal'd, for reasons I need not repeat, it will not be difficult to Say what will be the Success of it or the Sentiments of his Majesty's Ministers concerning it.
Your Bill for making lands Chattels, doth not with any certainty Express what Estate the Purchaser from the Sherriff shall be Vested wth whether in fee or for Life : or years; & for that reason I shall referr it to farther consideration.
Your Bill for paying the Expenses that may arise on Printing Signing &c$^a$ the Sum of ₤40,000, I am told was intended should be pass'd in a ​Secret manner peculiar to itself as usuall ; and not sent home, that the Ministry might not know I was to have 500 pounds for passing it, The Offering this, I suppose, you believ'd would be a Sufficient Inducem$^t$ to Obtain my Assent to your ₤40,000 Act, your making of that offer Shews what your Notions of Virtue and Honour are, & what many of you would do, if in my Case, for a Much less Sum : but you Mistook your Man ; for if I know myself your whole ₤40,000 would not have Prevail'd upon me to have Acted so mean apart. If I recommend any bill, it shall be, (what I deem) the intrinsick goodness of it shall induce me to do it, and not any Sum you can give me, If you believ'd money would have infiuenc'd me to come into your measures, the offer should have been of a different kind, and not of such a nature, that none but a Fool would have been influenced by ; and instead of being an Inducem$^t$ to recommend your bill, or using any Interest to get it pass'd at home would be a Strong motive to the Contrary. . . .
. . . your present bill for making ₤40,000 being to put so much money into the Loan Offices without any certain Indisputable provision for the Support of the Government, I cannot think it proper for me to Assent unto it ; Had that been done : Had a Sufficient sum of money been by that bill Appropriated to the building of a House and conveniences for the Residence of a Governor, Places and Houses for the Sittings of the Council and Assembly, and for the safe keeping & preserving of the Public records of the Province, whereby many tradesmen and the poor and Labouring part of the Inhabitants of the Province, might have been Imploy'd ; & the money circulated among ourselves ; had there been any Provision made for encouraging and increasing the litle Trade, and the few Manufactures we have, whereby more Trad-men and Labourers might be Imploy'd ; I dont know how far I might have been induced, for these and other good purposes to assent to it : But as none of these things are done, nor I believe intended ; and as without these things, or something of that sort litle of the money will Circulate in this Province, or remain long in it, and consequently will fall in its value, and as the bill is full of Confus'd references, and intricate in its make ; I neither can assent to it myself, nor recommend it to have His Majesty's & by this you will save the ₤500, Intended for that Purpose.
Thus much for your bills.
F. W. Ricord and W. Nelson, editors, Documents relating to the Colonial History of the State of New Jersey (Trenton, 1891), XV, 271-275 passim.
66. How to Avoid a Governor's Veto (1764)
BY LATE GOVERNOR THOMAS POWNALL
This suggestion is based on the practice of many assemblies. — Bibliography as in No. 53 above.
THE settling and determining this point is of the most essential import to the liberties on one hand, and the subordination on the other, of the government of the colonies to the government of the mother country. — In the examination of this point, it will come under consideration, first, Whether the full and whole of legislature can be any way, in any special case, suspended ; and next, whether the crown, by its instructions, can suspend the effect of this legislature, which by its commission or charters it has given or declared ; if not, the crown, whether the parliament of Great Britain can do it, and how ; whether it should be by act of Parliament, or whether by addressing the crown upon a declarative vote, that it would be pleased to provide by its instructions, for the carrying the effect of such vote into execution, as was done in the case of the paper-money currency.
In the course of examining these matters, will arise to consideration the following very material point. As a principal tie of the subordina tion of the legislatures of the colonies on the government of the mother country, they are bound by their constitutions and charters, to send all their acts of legislature to England, to be confirmed or abrogated by the crown ; but if any of the legislatures should be found to do almost every act of legislature, by votes or orders, even to the repealing the effects of acts, suspending establishments of pay, paying services, doing chancery and other judicatory business : if matters of this sort, done by these votes and orders, never reduced into the form of an act, have their effect without ever being sent home as acts of legislature, or submitted to the allowance or disallowance of the crown : If it should be found that many, or any of the legislatures of the colonies carry the powers of legislature into execution, independent of the crown by this device, — it will be a point to be determined how far, in such cases, the subordination of the legislatures of the colonies to the government of the mother country is maintained or suspended ; — or if, from emergencies arising in these governments, this device is to be admitted, the point, how far such is to be admitted, ought to be determined ; and the validity of these votes and orders, these Senatus Consulta so far declared. For a point ​of such great importance in the subordination of the colony legislatures, and of so questionable a cast in the valid exercise of this legislative power, ought no longer to remain in question.
Thomas Pownall, The Administration of the Colonies (London, 1765), 47-49.
67. Disallowance of a Colonial Bill (1770)
The ultimate power of disallowance was one way of enforcing instructions, and the chief means of keeping the colonies within bounds. — Bibliography : George Chalmers, Opinions of Eminent Lawyers (a collection of recommendations for disallowance).
THE Lords of the Committee of your Majestys most hon ble Privy Council for Plantation Affairs having by their Order of the 10th of Nov : last directed us to report to them Our opinion upon a Bill passed in May 1769 by the Council and House of Representatives of your Majesty's Council of New York for emitting ₤120,000 in paper notes of Credit upon loan, to which Bill your Majesty's late Governor had refused his assent without having first received your Majesty's directions for that purpose.
We did on the 20 of Dec$^r$ make our report thereupon submitting it to their Lordships to give such advice to your Majesty on this subject as they should think fit, and in the mean time, and until your Majesty's pleasure could be known the Lieut$^t$ Gov$^r$ was acquainted with the several steps which had been taken on this occasion & with the difficulties which arose in point of law upon those Clauses of the Bill by which the paper notes to be cancelled were made a legal Tender in the Treasury and loan office of that Colony.
It is Our duty however to observe to your Majesty that notwithstand ing their intimation given to the Lieut$^t$ Gov$^r$ a new Bill in no material points differing from that now before your Majesty has been proposed in the Assembly of this Colony & having passed that house and been concured in by the Council Your Majestys said Lieut$^t$ Gov$^r$ did think fit by their advice to give his assent to it on the 5 day of January last and therefore it becomes necessary for us to lose no time in humbly laying this Act which was received at Our Office yesterday before Your Majesty, to the end that if Your Majesty shall be pleased to signify your disallowance of it, either upon the ground of the doubts in point of law ​which occurred to the former Bill, or upon a consideration of so irregular a proceeding as that of entering upon a proposition of this nature & passing it into an Act pending the consideration of it before Your Majesty in Council there may be no delay in having Your Majestys Pleasure thereupon signified to the Colony, so as to reach it before that part of the Act which authorizes the emission of the Bills can take effect that is to say on the last Tuesday in June.
How far the Lieut$^t$ Gov$^r$ is justified in the conduct he has thought fit to pursue on this occasion must be submitted to your Majesty upon the reason assigned by him in his letter to one of your Majestys principal Secretaries of State & to this Board extracts of which are hereunto annexed, but it is Our further duty to observe that the Instruction of July 1766, on the ground of which he says the Council advise him to this step does expressly forbid any law of this nature to be passed without a Clause suspending its execution until your Majestys [pleasure] could be known
E. B. O'Callaghan, editor, Documents relative to the Colonial History of the State of New-York (Albany, 1857), VIII, 202-203.
68. Dispute over the Agency (1771)
From about 1680 the colonies were in the habit of appointing some person to represent their interests in London; and such agents received salaries. Franklin was agent for several colonies at the same time. — Bibliography : Winsor, Narrative and Critical History, V, 216, VI, 53, 89.
Wednesday, 16 January, 1771.
I WENT this morning to wait on Lord Hillsborough. The porter at first denied his Lordship, on which I left my name and drove off. But, before the coach got out of the square, the coachman heard a call, turned, and went back to the door, when the porter came and said, "His Lordship will see you, Sir." I was shown into the levee room, where I found Governor Bernard, who, I understand, attends there constantly. Several other gentlemen were there attending, with whom I sat down a few minutes, when Secretary Pownall came out to us, and said his Lordship desired I would come in.
I was pleased with this ready admission and preference, having some times waited three or four hours for my turn ; and, being pleased, I could ​more easily put on the open, cheerful countenance, that my friends advised me to wear. His Lordship came towards me and said, "I was dressing in order to go to court; but, hearing that you were at the door, who are a man of business, I determined to see you immediately." I thanked his Lordship, and said that my business at present was not much ; it was only to pay my respects to his Lordship, and to acquaint him with my appointment by the House of Representatives of Massachusetts Bay to be their agent here, in which station if I could be of any service — (I was going on to say — "to the public, I should be very happy ;" but his Lordship, whose countenance changed at my naming that province, cut me short by saying, with something between a smile and a sneer,)
L. H. I must set you right there, Mr. Franklin, you are not agent.
B.F. Why, my Lord?
L. H. You are not appointed.
B. F. I do not understand your Lordship ; I have the appointment in my pocket.
L. H. You are mistaken ; I have later and better advices. I have a letter from Governor Hutchinson ; he would not give his assent to the bill.
B. F. There was no bill, my Lord ; it was a vote of the House.
L. H. There was a bill presented to the governor for the purpose of appointing you and another, one Dr. Lee, I think he is called, to which the governor refused his assent.
B. F. I cannot understand this, my Lord ; I think there must be some mistake in it. Is your Lordship quite sure that you have such a letter?
L. H. I will convince you of it directly. (Rings the bell.) Mr. Pownall will come in and satisfy you.
B. F. It is not necessary, that I should now detain your Lordship from dressing. You are going to court. I will wait on your Lordship another time.
L. H. No, stay; he will come immediately. (To the servant) Tell Mr. Pownall I want him.
(Mr. Pownall comes in.)
L. H. Have not you at hand Governor Hutchinson s letter, mentioning his refusing his assent to the bill for appointing Dr. Franklin agent?
Sec. P. My Lord? ​L. H. Is there not such a letter?
Sec. P. No, my Lord ; there is a letter relating to some bill for the payment of a salary to Mr. De Berdt, and I think to some other agent, to which the governor had refused his assent.
L. H. And is there nothing in the letter to the purpose I mention?
Sec. P. No, my Lord.
B. F. I thought it could not well be, my Lord ; as my letters are by the last ships, and they mention no such thing. Here is the authentic copy of the vote of the House appointing me, in which there is no mention of any act intended. Will your Lordship please to look at it? (With seeming unwillingness he takes it, but does not look into it.)
L. H. An information of this kind is not properly brought to me as Secretary of State. The Board of Trade is the proper place.
B. F. I will leave the paper then with Mr. Pownall to be ——
L. H. (Hastily.) To what end would you leave it with him?
B. F. To be entered on the minutes of that Board, as usual.
L. H. (Angrily.) It shall not be entered there. No such paper shall be entered there, while I have any thing to do with the business of that Board. The House of Representatives has no right to appoint an agent. We shall take no notice of any agents, but such as are appointed by acts of Assembly, to which the governor gives his assent. We have had confusion enough already. Here is one agent appointed by the Council, another by the House of Representatives. Which of these is agent for the province? Who are we to hear in provincial affairs? An agent appointed by act of Assembly we can understand. No other will be attended to for the future, I can assure you.
B. F. I cannot conceive, my Lord, why the consent of the governor should be thought necessary to the appointment of an agent for the people. It seems to me that ——
L. H. (With a mixed look of anger and contempt.) I shall not enter into a dispute with YOU, Sir, upon this subject.
B. F. I beg your Lordship's pardon ; I do not presume to dispute with your Lordship ; I would only say, that it seems to me, that every body of men, who cannot appear in person, where business relating to them may be transacted, should have a right to appear by an agent. The concurrence of the governor does not seem to me necessary. It is the business of the people, that is to be done ; he is not one of them ; he is himself an agent.
L. H. (Hastily.) Whose agent is he? ​B. F. The King's, my Lord.
L. H. No such matter. He is one of the corporation by the province charter. No agent can be appointed but by an act, nor any act pass without his assent. Besides, this proceeding is directly contrary to express instructions.
B. F. I did not know there had been such instructions. I am not concerned in any offence against them, and ——
L. H. Yes, your offering such a paper to be entered is an offence against them. (Folding it up again without having read a word of it.) No such appointment shall be entered. When I came into the administration of American affairs, I found them in great disorder. By my firmness they are now something mended ; and, while I have the honor to hold the seals, I shall continue the same conduct, the same firmness. I think my duty to the master I serve, and to the government of this nation, requires it of me. If that conduct is not approved, they may take my office from me when they please. I shall make them a bow, and thank them ; I shall resign with pleasure. That gentleman knows it, (pointing to Mr. Pownall,) but, while I continue in it, I shall resolutely persevere in the same firmness. (Spoken with great warmth, and turning pale in his discourse, as if he was angry at something or somebody besides the agent, and of more consequence to himself.)
B. F. (Reaching out his hand for the paper, which his Lordship returned to him.) I beg your Lordship's pardon for taking up so much of your time. It is, I believe, of no great importance whether the appointment is acknowledged or not, for I have not the least conception that an agent can at present be of any use to any of the colonies. I shall therefore give your Lordship no further trouble. ( Withdrew.)
Benjamin Franklin, Works (edited by Jared Sparks, Boston, 1838), VII, 508-512.