WeRead Powered by ReaderPub
The Complete Works in Philosophy, Politics and Morals of the late Dr. Benjamin Franklin, Vol. 2 [of 3] cover

The Complete Works in Philosophy, Politics and Morals of the late Dr. Benjamin Franklin, Vol. 2 [of 3]

Chapter 122: FOOTNOTES:
Open in WeRead

About This Book

The volume gathers a wide-ranging collection of letters and papers that report empirical observations, experiments, and practical proposals alongside political and moral reflections. Scientific pieces treat meteorological and maritime phenomena—water-spouts, whirlwinds, auroras, tides, the Gulf Stream, temperature, evaporation, and salinity—and describe inventions and improvements such as stoves, chimneys, paper-making methods, and a proposed reformed alphabet. Short essays and club notes offer rules for civic debate and guidance for youth. Political fragments examine population and economy, luxury and smuggling, criminal law, toleration, and the slave trade, often combining pragmatic solutions with concise moral reasoning.

Observations on War[91].

By the original law of nations, war and extirpation were the punishment of injury. Humanizing by degrees, it admitted slavery instead of death: a farther step was the exchange of prisoners instead of slavery: another, to respect more the property of private persons under conquest, and be content with acquired dominion. Why should not this law of nations go on improving? Ages have intervened between its several steps: but as knowledge of late increases rapidly, why should not those steps be quickened? Why should it not be agreed to, as the future law of nations, that in any war hereafter the following description of men should be undisturbed, have the protection of both sides, and be permitted to follow their employments in security? viz.

1. Cultivators of the earth, because they labour for the subsistence of mankind.

2. Fishermen, for the same reason.

3. Merchants and traders in unarmed ships, who accommodate different nations by communicating and exchanging the necessaries and conveniences of life.

4. Artists and mechanics, inhabiting and working in open towns.

It is hardly necessary to add, that the hospitals of enemies should be unmolested—they ought to be assisted. It is for the interest of humanity in general, that the occasions of war, and the inducements to it, should be diminished. If rapine be abolished, one of the encouragements to war is taken away; and peace therefore more likely to continue and be lasting.

The practice of robbing merchants on the high seas—a remnant of the antient piracy—though it may be accidentally beneficial to particular persons, is far from being profitable to all engaged in it, or to the nation that authorises it. In the beginning of a war, some rich ships are surprized and taken. This encourages the first adventurers to fit out more armed vessels, and many others to do the same. But the enemy at the same time become more careful, arm their merchant ships better, and render them not so easy to be taken: they go also more under the protection of convoys. Thus, while the privateers to take them are multiplied, the vessels subject to be taken, and the chances of profit, are diminished; so that many cruises are made wherein the expences overgo the gains, and, as is the case in other lotteries, though particulars have got prizes, the mass of adventurers are losers, the whole expence of fitting out all the privateers during a war being much greater than the whole amount of goods taken.

Then there is the national loss of all the labour of so many men during the time they have been employed in robbing, who besides spend what they get in riot, drunkenness, and debauchery, lose their habits of industry, are rarely fit for any sober business after a peace, and serve only to increase the number of highwaymen and housebreakers. Even the undertakers, who have been fortunate, are by sudden wealth led into expensive living, the habit of which continues when the means of supporting it cease, and finally ruins them: a just punishment for their having wantonly and unfeelingly ruined many honest, innocent traders and their families, whose substance was employed in serving the common interest of mankind.

FOOTNOTE:

[91] From the American Museum, Vol. VII. p. 101. Editor.

Notes copied from Dr. Franklin's writing in pencil in the margin of Judge Foster's celebrated argument in favour of the Impressing of Seamen (published in the folio edition of his works)[92].

Judge Foster, p. 158. "Every man."—The conclusion here, from the whole to a part, does not seem to be good logic. If the alphabet should say, Let us all fight for the defence of the whole, that is equal, and may therefore be just. But if they should say, Let A B C and D go out and fight for us, while we stay at home and sleep in whole skins, that is not equal, and therefore cannot be just.

Ib. "Employ."—If you please. The word signifies engaging a man to work for me, by offering him such wages as are sufficient to induce him to prefer my service. This is very different from compelling him to work on such terms as I think proper.

Ib. "This service and employment, &c."—These are false facts. His employments and service are not the same.—Under the merchant he goes in an unarmed vessel, not obliged to fight, but to transport merchandise. In the king's service he is obliged to fight, and to hazard all the dangers of battle. Sickness on board of king's ships is also more common and more mortal. The merchant's service too he can quit at the end of the voyage, not the king's. Also, the merchant's wages are much higher.

Ib. "I am very sensible, &c."—Here are two things put in comparison that are not comparable: viz. injury to seamen, and inconvenience to trade. Inconvenience to the whole trade of a nation will not justify injustice to a single seaman. If the trade would suffer without his service, it is able and ought to be willing to offer him such wages, as may induce him to afford his service voluntarily.

Page 159. "Private mischief must be borne with patience, for preventing a national calamity."—Where is this maxim in law and good policy to be found? And how can that be a maxim, which is not consistent with common sense? If the maxim had been, that private mischiefs, which prevent a national calamity, ought to be generously compensated by the nation, one might understand it: but that such private mischiefs are only to be borne with patience, is absurd!

Ib. "The expedient, &c. And, &c." (Paragraphs 2 and 3).—Twenty ineffectual or inconvenient schemes will not justify one that is unjust.

Ib. "Upon the foot of, &c."—Your reasoning, indeed, like a lie, stands but upon one foot, truth upon two.

Page 160. "Full wages."—Probably the same they had in the merchant's service.

Page 174. "I hardly admit, &c." (Paragraph 5).—When this author speaks of impressing, page 158, he diminishes the horror of the practice as much as possible, by presenting to the mind one sailor only suffering a "hardship" (as he tenderly calls it) in some "particular cases" only, and he places against this private mischief the inconvenience to the trade of the kingdom.—But if, as he supposes is often the case, the sailor who is pressed, and obliged to serve for the defence of trade, at the rate of twenty-five shillings a month, could get three pounds fifteen shillings in the merchant's service, you take from him fifty shillings a month; and if you have a 100,000 in your service, you rob this honest industrious part of society and their poor families of 250,000l. per month, or three millions a year, and at the same time oblige them to hazard their lives in fighting for the defence of your trade, to the defence of which all ought indeed to contribute (and sailors among the rest) in proportion to their profits by it: but this three millions is more than their share, if they did not pay with their persons; but when you force that, methinks you should excuse the other.

But it may be said, to give the king's seamen merchant's wages would cost the nation too much, and call for more taxes. The question then will amount to this: whether it be just in a community, that the richer part should compel the poorer to fight in defence of them and their properties, for such wages as they think fit to allow, and punish them if they refuse? Our author tells us that it is "legal." I have not law enough to dispute his authorities, but I cannot persuade myself that it is equitable. I will, however, own for the present, that it may be lawful when necessary; but then I contend, that it may be used so as to produce the same good effects, the public security, without doing so much intolerable injustice as attends the impressing common seamen.—In order to be better understood I would premise two things: first, that voluntary seamen may be had for the service, if they were sufficiently paid. The proof is, that to serve in the same ship, and incur the same dangers, you have no occasion to impress captains, lieutenants, second lieutenants, midshipmen, pursers, nor many other officers. Why, but that the profits of their places, or the emoluments expected, are sufficient inducements? The business then is, to find money, by impressing, sufficient to make the sailors all volunteers, as well as their officers, and this without any fresh burthen upon trade.—The second of my premises is, that twenty-five shillings a month, with his share of the salt beef, pork, and peas-pudding, being found sufficient for the subsistence of a hard-working seaman, it will certainly be so for a sedentary scholar or gentleman. I would then propose to form a treasury, out of which encouragements to seamen should be paid. To fill this treasury, I would impress a number of civil officers, who at present have great salaries, oblige them to serve in their respective offices for twenty-five shillings a month, with their shares of mess provisions, and throw the rest of their salaries into the seamen's treasury. If such a press-warrant were given me to execute, the first I would press should be a recorder of Bristol, or a Mr. Justice Foster, because I might have need of his edifying example, to show how much impressing ought to be borne with; for he would certainly find, that though to be reduced to twenty-five shillings a month might be a "private mischief," yet that, agreeably to his maxim of law and good policy, it "ought to be borne with patience," for preventing a national calamity. Then I would press the rest of the judges; and, opening the red book, I would press every civil officer of government from 50l. a year salary, up to 50,000l. which would throw an immense sum into our treasury: and these gentlemen could not complain, since they would receive twenty-five shillings a month, and their rations; and this without being obliged to fight. Lastly, I think I would impress ****

FOOTNOTE:

[92] These notes are taken from the periodical publication mentioned in p. 424 of the present Vol. Editor.

TO BENJAMIN VAUGHAN, ESQ[93].

On the criminal Laws, and the Practice of Privateering.

March 14, 1785.

My dear Friend,

Among the pamphlets you lately sent me, was one, entitled, Thoughts on Executive Justice. In return for that, I send you a French one on the same subject, Observations concernant l'Exécution de l'Article II, de la Déclaration sur le Vol. They are both addressed to the judges, but written, as you will see, in a very different spirit. The English author is for hanging all thieves. The Frenchman is for proportioning punishments to offences.

If we really believe, as we profess to believe, that the law of Moses was the law of God, the dictate of divine wisdom, infinitely superior to human; on what principles do we ordain death as the punishment of an offence, which, according to that law, was only to be punished by a restitution of fourfold? To put a man to death for an offence, which does not deserve death, is it not a murder? And, as the French writer says, Doit on punir un délit contre la societé, par un crime contre la nature?

Superfluous property is the creature of society. Simple and mild laws were sufficient to guard the property that was merely necessary. The savage's bow, his hatchet, and his coat of skins, were sufficiently secured, without law, by the fear of personal resentment and retaliation. When, by virtue of the first laws, part of the society accumulated wealth and grew powerful, they enacted others more severe, and would protect their property at the expence of humanity. This was abusing their power, and commencing a tyranny. If a savage, before he entered into society, had been told,—"Your neighbour, by this means, may become owner of an hundred deer; but if your brother, or your son, or yourself, having no deer of your own, and being hungry, should kill one, an infamous death must be the consequence:" he would probably have preferred his liberty, and his common right of killing any deer, to all the advantages of society that might be proposed to him.

That it is better a hundred guilty persons should escape, than that one innocent person should suffer, is a maxim that has been long and generally approved; never, that I know of, controverted. Even the sanguinary author of the Thoughts agrees to it, adding well, "that the very thought of injured innocence, and much more that of suffering innocence, must awaken all our tenderest and most compassionate feelings, and at the same time raise our highest indignation against the instruments of it." "But," he adds, "there is no danger of either, from a strict adherence to the laws."—Really! Is it then impossible to make an unjust law? and if the law itself be unjust, may it not be the very "instrument" which ought "to raise the author's, and every body's highest indignation?" I see, in the last newspapers from London, that a woman is capitally convicted at the Old Bailey, for privately stealing out of a shop some gauze, value fourteen shillings and three-pence: is there any proportion between the injury done by a theft, value fourteen shillings and three-pence, and the punishment of a human creature, by death, on a gibbet? Might not that woman, by her labour, have made the reparation ordained by God, in paying fourfold? Is not all punishment, inflicted beyond the merit of the offence, so much punishment of innocence? In this light, how vast is the annual quantity, of not only injured but suffering innocence, in almost all the civilized states of Europe!

But it seems to have been thought, that this kind of innocence may be punished by way of preventing crimes. I have read, indeed, of a cruel Turk in Barbary, who, whenever he bought a new Christian slave, ordered him immediately to be hung up by the legs, and to receive a hundred blows of a cudgel on the soles of his feet, that the severe sense of the punishment, and fear of incurring it thereafter, might prevent the faults, that should merit it. Our author himself would hardly approve entirely of this Turk's conduct in the government of slaves; and yet he appears to recommend something like it for the government of English subjects, when he applauds the reply of judge Burnet to the convict horse-stealer; who, being asked what he had to say why judgment of death should not pass against him, and answering, that it was hard to hang a man for only stealing a horse, was told by the judge, "Man, thou art not to be hanged only for stealing a horse, but that horses may not be stolen." The man's answer, if candidly examined, will, I imagine, appear reasonable, as being founded on the eternal principle of justice and equity, that punishments should be proportioned to offences; and the judge's reply brutal and unreasonable, though the writer "wishes all judges to carry it with them whenever they go the circuit, and to bear it in their minds, as containing a wise reason for all the penal statutes, which they are called upon to put in execution. "It at once illustrates," says he, "the true grounds and reasons of all capital punishments whatsoever, namely, that every man's property, as well as his life, may be held sacred and inviolate." Is there then no difference in value between property and life? If I think it right, that the crime of murder should be punished with death, not only as an equal punishment of the crime, but to prevent other murders, does it follow, that I must approve of inflicting the same punishment for a little invasion on my property by theft? If I am not myself so barbarous, so bloody-minded, and revengeful, as to kill a fellow-creature for stealing from me fourteen shillings and three-pence, how can I approve of a law that does it? Montesquieu, who was himself a judge, endeavours to impress other maxims. He must have known what humane judges feel on such occasions, and what the effects of those feelings; and, so far from thinking that severe and excessive punishments prevent crimes, he asserts, as quoted by our French writer, that

"L'atrocité des loix en empêche l'exécution.

"L'orsque la peine est sans mesure, on est souvent obligé de lui préférer l'impunité.

"La cause de tous les relâchemens vient de l'impunité des crimes, et non de la modération des peines."

It is said by those who know Europe generally, that there are more thefts committed and punished annually in England, than in all the other nations put together. If this be so, there must be a cause or causes for such depravity in our common people. May not one be the deficiency of justice and morality in our national government, manifested in our oppressive conduct to subjects, and unjust wars on our neighbours? View the long-persisted in, unjust, monopolizing treatment of Ireland, at length acknowledged! View the plundering government exercised by our merchants in the Indies; the confiscating war made upon the American colonies; and, to say nothing of those upon France and Spain, view the late war upon Holland, which was seen by impartial Europe in no other light than that of a war of rapine and pillage; the hopes of an immense and easy prey being its only apparent, and probably its true and real motive and encouragement. Justice is as strictly due between neighbour nations, as between neighbour citizens. A highwayman is as much a robber when he plunders in a gang, as when single; and a nation, that makes an unjust war, is only a great gang. After employing your people in robbing the Dutch, strange is it, that, being put out of that employ by peace, they still continue robbing, and rob one another? Piraterie, as the French call it, or privateering, is the universal bent of the English nation, at home and abroad, wherever settled. No less than seven hundred privateers were, it is said, commissioned in the last war! These were fitted out by merchants, to prey upon other merchants, who had never done them any injury. Is there probably any one of those privateering merchants of London, who were so ready to rob the merchants of Amsterdam, that would not as readily plunder another London merchant of the next street, if he could do it with the same impunity! The avidity, the alieni appetens, is the same; it is the fear alone of the gallows that makes the difference. How then can a nation, which, among the honestest of its people, has so many thieves by inclination, and whose government encouraged and commissioned no less than seven hundred gangs of robbers; how can such a nation have the face to condemn the crime in individuals, and hang up twenty of them in a morning! It naturally puts one in mind of a Newgate anecdote. One of the prisoners complained, that in the night somebody had taken his buckles out of his shoes. "What, the devil!" says another, "have we then thieves amongst us? It must not be suffered. Let us search out the rogue, and pump him to death."

There is, however, one late instance of an English merchant, who will not profit by such ill-gotten gain. He was, it seems, part-owner of a ship, which the other owners thought fit to employ as a letter of marque, and which took a number of French prizes. The booty being shared, he has now an agent here enquiring, by an advertisement in the Gazette, for those who suffered the loss, in order to make them, as far as in him lies, restitution. This conscientious man is a Quaker. The Scotch presbyterians were formerly as tender; for there is still extant an ordinance of the town-council of Edinburgh, made soon after the reformation, "forbidding the purchase of prize goods, under pain of losing the freedom of the burgh for ever, with other punishment at the will of the magistrate; the practice of making prizes being contrary to good conscience, and the rule of treating Christian brethren as we would wish to be treated; and such goods are not to be sold by any godly men within this burgh." The race of these godly men in Scotland is probably extinct, or their principles abandoned, since, as far as that nation had a hand in promoting the war against the colonies, prizes and confiscations are believed to have been a considerable motive.

It has been for some time a generally received opinion, that a military man is not to inquire whether a war be just or unjust; he is to execute his orders. All princes who are disposed to become tyrants must probably approve of this opinion, and be willing to establish it; but is it not a dangerous one? since, on that principle, if the tyrant commands his army to attack and destroy, not only an unoffending neighbour nation, but even his own subjects, the army is bound to obey. A negro slave, in our colonies, being commanded by his master to rob or murder a neighbour, or do any other immoral act, may refuse, and the magistrate will protect him in his refusal. The slavery then of a soldier is worse than that of a negro! A conscientious officer, if not restrained by the apprehension of its being imputed to another cause, may indeed resign, rather than be employed in an unjust war; but the private men are slaves for life; and they are perhaps incapable of judging for themselves. We can only lament their fate, and still more that of a sailor, who is often dragged by force from his honest occupation, and compelled to imbrue his hands in, perhaps, innocent blood. But methinks it well behoves merchants (men more enlightened by their education, and perfectly free from any such force or obligation) to consider well of the justice of a war, before they voluntarily engage a gang of ruffians to attack their fellow-merchants of a neighbouring nation, to plunder them of their property, and perhaps ruin them and their families, if they yield it; or to wound, maim, or murder them, if they endeavour to defend it. Yet these things are done by Christian merchants, whether a war be just or unjust; and it can hardly be just on both sides. They are done by English and American merchants, who, nevertheless, complain of private theft, and hang by dozens the thieves they have taught by their own example.

It is high time, for the sake of humanity, that a stop were put to this enormity. The United States of America, though better situated than any European nation to make profit by privateering (most of the trade of Europe, with the West Indies, passing before their doors) are, as far as in them lies, endeavouring to abolish the practice, by offering, in all their treaties with other powers, an article, engaging solemnly, that, in case of future war, no privateer shall be commissioned on either side; and that unarmed merchant-ships, on both sides, shall pursue their voyages unmolested[94]. This will be a happy improvement of the law of nations. The humane and the just cannot but wish general success to the proposition.

With unchangeable esteem and affection,

I am, my dear friend,

Ever yours.

FOOTNOTES:

[93] From a small collection of Dr. Franklin's papers, printed for Dilly. Editor.

[94] This offer having been accepted by the late king of Prussia, a treaty of amity and commerce was concluded between that monarch and the United States, containing the following humane, philanthropic article; in the formation of which Dr. Franklin, as one of the American plenipotentiaries, was principally concerned, viz.

ART. XXIII.

If war should arise between the two contracting parties, the merchants of either country, then residing in the other, shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects without molestation or hindrance; and all women and children, scholars of every faculty, cultivators of the earth, artisans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all others, whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their persons, nor shall their houses and goods be burnt, or otherwise destroyed, nor their fields wasted, by the armed force of the enemy into whose power, by the events of war, they may happen to fall; but if any thing is necessary to be taken from them for the use of such armed force, the same shall be paid for at a reasonable price. And all merchant and trading vessels employed in exchanging the products of different places, and thereby rendering the necessaries, conveniences, and comforts of human life more easy to be obtained, and more general, shall be allowed to pass free and unmolested; and neither of the contracting powers shall grant or issue any commission to any private armed vessels, empowering them to take or destroy such trading vessels, or interrupt such commerce.

A Parable against Persecution, in Imitation of Scripture Language[95].

1. And it came to pass after these things, that Abraham sat in the door of his tent, about the going down of the sun.

2. And behold a man bent with age, coming from the way of the wilderness leaning on a staff.

3. And Abraham arose, and met him, and said unto him, Turn in, I pray thee, and wash thy feet, and tarry all night; and thou shalt arise early in the morning, and go on thy way.

4. And the man said, Nay; for I will abide under this tree.

5. But Abraham pressed him greatly: so he turned and they went into the tent: and Abraham baked unleaven bread, and they did eat.

6. And when Abraham saw that the man blessed not God, he said unto him, Wherefore dost thou not worship the most high God, creator of heaven and earth?

7. And the man answered and said, I do not worship thy God, neither do I call upon his name, for I have made to myself a god, which abideth always in my house, and provideth me with all things.

8. And Abraham's zeal was kindled against the man, and he arose, and fell upon him, and drove him forth with blows into the wilderness.

9. And God called unto Abraham, saying, Abraham, where is the stranger?

10. And Abraham answered and said, Lord, he would not worship thee, neither would he call upon thy name, therefore have I driven him out from before my face into the wilderness.

11. And God said, Have I borne with him these hundred and ninety and eight years, and nourished him, and clothed him, notwithstanding his rebellion against me, and couldst not thou, who art thyself a sinner, bear with him one night?

12. And Abraham said, Let not the anger of my Lord wax hot against his servant; lo, I have sinned, forgive me I pray thee.

13. And Abraham arose, and went forth into the wilderness and diligently sought for the man and found him, and returned with him to the tent, and when he had entreated him kindly, he sent him away on the morrow with gifts.

14. And God spake again unto Abraham saying, For this thy sin shall thy seed be afflicted four hundred years in a strange land.

15. But for thy repentance will I deliver them, and they shall come forth with power, and with gladness of heart, and with much substance.[96]

FOOTNOTES:

[95] I have taken this piece from Sketches of the History of Man, written by lord Kaims, and shall preface it with his lordship's own words. See Vol. II. p. 472, 473.

"The following Parable against Persecution was communicated to me by Dr. Franklin of Philadelphia, a man who makes a great figure in the learned world: and who would still make a greater figure for benevolence and candour, were virtue as much regarded in this declining age as knowledge."

*             *             *             *             *

"The historical style of the Old Testament is here finely imitated; and the moral must strike every one who is not sunk in stupidity and superstition. Were it really a chapter of Genesis, one is apt to think, that persecution could never have shown a bare face among Jews or Christians. But alas! that is a vain thought. Such a passage in the Old Testament would avail as little against the rancorous passions of men, as the following passages in the New Testament, though persecution cannot be condemned in terms more explicit. Him that is weak in the faith, receive you, but not to doubtful disputations. For, &c." B. V.

[96] Dr. Franklin, as I have been told, has often imposed this parable upon his friends and acquaintance, as part of a chapter of Genesis. B. V.

A Letter concerning Persecution in former Ages, the Maintenance of the Clergy, American Bishops, and the State of Toleration in Old England and New England compared[97].

SIR,

I understand from the public papers, that in the debates on the bill for relieving the dissenters in the point of subscription to the church articles, sundry reflections were thrown out against the people, importing, that they themselves are of a persecuting intolerant spirit, for that when they had the superiority, they persecuted the church, and still persecute it in America, where they compel its members to pay taxes for maintaining the presbyterian or independent worship, and at the same time refuse them a toleration in the full exercise of their religion, by the administrations of a bishop.

If we look back into history for the character of the present sects in Christianity, we shall find few that have not, in their turns, been persecutors and complainers of persecution. The primitive christians thought persecution extremely wrong in the pagans, but practised it on one another. The first protestants of the church of England blamed persecution in the Romish church, but practised it against the puritans: these found it wrong in the bishops, but fell into the same practice both here and in New England.—To account for this, we should remember, that the doctrine of toleration was not then known, or had not prevailed in the world. Persecution was therefore not so much the fault of the sect as of the times. It was not in those days deemed wrong in itself. The general opinion was only, that those who are in error ought not to persecute the truth: but the possessors of truth were in the right to persecute error, in order to destroy it. Thus every sect believing itself possessed of all truth, and that every tenet differing from theirs was error, conceived, that when the power was in their hands, persecution was a duty required of them by that God whom they supposed to be offended with heresy.—By degrees, more moderate and more modest sentiments have taken place in the christian world; and among protestants particularly, all disclaim persecution, none vindicate it, and few practise it.—We should then cease to reproach each other with what was done by our ancestors, but judge of the present character of sects or churches by their present conduct only[98].

Now to determine on the justice of this charge against the present dissenters, particularly those in America, let us consider the following facts. They went from England to establish a new country for themselves, at their own expence, where they might enjoy the free exercise of religion in their own way. When they had purchased the territory of the natives, they granted the lands out in townships, requiring for it neither purchase-money nor quit-rent, but this condition only to be complied with, that the freeholders should support a gospel-minister (meaning probably one of the then governing sects) and a free-school, within the township. Thus, what is commonly called presbyterianism became the established religion of that country. All went on well in this way, while the same religious opinions were general, the support of minister and school being raised by a proportionate tax on the lands. But, in process of time, some becoming quakers[99], some baptists, and of late years, some returning to the church of England (through the laudable endeavours and a proper application[100] of their funds by the society for propagating the gospel), objections were made to the payment of a tax appropriated to the support of a church they disapproved and had forsaken. The civil magistrates, however, continued for a time to collect and apply the tax according to the original laws, which remained in force; and they did it the more freely as thinking it just and equitable, that the holders of lands should pay what was contracted to be paid when they were granted, as the only consideration for the grant, and what had been considered by all subsequent purchasers as a perpetual incumbrance on the estate, bought therefore at a proportionally cheaper rate; a payment which, it was thought, no honest man ought to avoid, under pretence of his having changed his religious persuasion: and this, I suppose, is one of the best grounds of demanding tythes of dissenters now in England. But the practice being clamoured against by the episcopalians as persecution, the legislature of the province of Massachusets Bay, near thirty years since, passed an act for their relief, requiring, indeed, the tax to be paid as usual, but directing that the several sums, levied from members of the church of England, should be paid over to the minister of that church with whom such members usually attended divine worship; which minister had power given him to receive, and, on occasion, to recover the same by law.

It seems that legislature considered, that the end of the tax was to secure and improve the morals of the people, and promote their happiness, by supporting among them the public worship of God and the preaching of the gospel; that where particular people fancied a particular mode, that mode might probably, therefore, be of most use to those people, and that if the good was done, it was not so material in what mode or by whom it was done. The consideration, that their brethren, the dissenters in England, were still compelled to pay tythes to the clergy of the church, had not weight enough with the legislature to prevent this moderate act, which still continues in full force; and I hope no uncharitable conduct of the church toward the dissenters will ever provoke them to repeal it.——

With regard to a bishop, I know not upon what ground the dissenters, either here or in America, are charged with refusing the benefit of such an officer to the church in that country. Here they seem to have naturally no concern in the affair. There they have no power to prevent it, if government should think fit to send one. They would probably dislike, indeed, to see an order of men established among them, from whose persecutions their fathers fled into that wilderness, and whose future domination they might possibly fear, not knowing that their natures are changed.—But the non-appointment of bishops for America seems to arise from another quarter. The same wisdom of government, probably, that prevents the sitting of convocations, and forbids, by noli prosequi's, the persecution of dissenters for non-subscription, avoids establishing bishops, where the minds of people are not yet prepared to receive them cordially, lest the public peace should be endangered.

And now let us see how this persecution-account stands between the parties.

In New England, where the legislative bodies are almost to a man dissenters from the church of England:

1. There is no test to prevent churchmen holding offices.

2. The sons of churchmen have the full benefit of the universities.

3. The taxes for support of public worship, when paid by churchmen, are given to the episcopal minister.

In Old England:

1. Dissenters are excluded from all offices of profit and honour.

2. The benefits of education in the universities are appropriated to the sons of churchmen.

3. The clergy of the dissenters receive none of the tythes paid by their people, who must be at the additional charge of maintaining their own separate worship.—

But it is said, that the dissenters of America oppose the introduction of a bishop.

In fact, it is not alone the dissenters there that give the opposition (if not encouraging must be termed opposing) but the laity in general dislike the project, and some even of the clergy. The inhabitants of Virginia are almost all episcopalians, the church is fully established there, and the council and general assembly are, perhaps to a man, its members: yet, when lately at a meeting of the clergy, a resolution was taken to apply for a bishop, against which several however protested; assembly of the province, at the next meeting, expressed their disapprobation of the thing in the strongest manner, by unanimously ordering the thanks of the house to the protesters; for many of the American laity of the church think it some advantage—whether their own young men come to England for ordination, and improve themselves at the same time by conversation with the learned here—or the congregations are supplied by Englishmen, who have had the benefit of education in English universities, and are ordained before they came abroad. They do not, therefore, see the necessity of a bishop merely for ordination; and confirmation is among them deemed a ceremony of no very great importance, since few seek it in England, where bishops are in plenty.—These sentiments prevail with many churchmen there, not to promote a design which they think must sooner or later saddle them with great expences to support it.—As to the dissenters, their minds might probably be more conciliated to the measure, if the bishops here should, in their wisdom and goodness, think fit to set their sacred character in a more friendly light, by dropping their opposition to the dissenters' application for relief in subscription, and declaring their willingness that dissenters should be capable of offices, enjoy the benefit of education in the universities, and the privilege of appropriating their tythes to the support of their own clergy. In all these points of toleration, they appear far behind the present dissenters of New England, and it may seem to some a step below the dignity of bishops, to follow the example of such inferiors. I do not, however, despair of their doing it some time or other, since nothing of the kind is too hard for true christian humility.

I am, sir, yours, &c.

A NEW-ENGLAND-MAN.

FOOTNOTES:

[97] The above letter first appeared in one of the public papers on June 3, 1772, and seems to have been addressed to the printer. The spirited writer of the Two letters to the prelates republished it in an appendix to that pamphlet, without, however, naming Dr. Franklin as the author, but expressing it to be the production "of a gentleman highly respected in the literary world." B. V.

[98] "Toleration in religion, though obvious to common understanding, was not however the production of reason, but of commerce. The advantage of toleration for promoting commerce was discovered long before by the Portuguese. They were too zealous Catholics to venture so bold a measure in Portugal; but it was permitted in Goa, and the inquisition in that town was confined to Roman Catholics." Lord Kaim's Sketches of the History of Man, Vol. II. p. 474. B. V.

[99] "No person appeared in New England who professed the opinion of the Quakers, until 1656, (i. e. about 36 years after the first settling of the colony), when Mary Fisher and Ann Austin came from Barbadoes; and soon after, nine others arrived in the ship Speedwell from London." They were successful in their preaching, and the provincial government, wishing to keep the colony free from them, attempted to send away such as they discovered, and prevent the arrival of others. Securities, fines, banishment, imprisonment, and corporal punishments were instituted for this purpose, but with so little effect, that at last "a law was made for punishing with death, all such as should return into the jurisdiction after banishment. A few were hanged!" See the history of the British dominions, 4to, 1773, p. 118, 120. B. V.

[100] They were to spread the gospel, and maintain a learned and orthodox clergy, where ministers were wanted or ill-provided, administering God's word and sacraments, and preventing atheism, infidelity, popery, and idolatry. B. V.