SIR,

TO THE HON. THOMAS CUSHING, ESQ.

American Duty on Tea.

‚!," :

London, June 4, 1773.

The above is a copy of mine per packet, which inclosed the original of his Majesty's answer to our petitions and remonstrance. I now send an exact copy of the same, which I did intend to accompany with some observations, and my sentiments on the general state of our affairs in this country, and the conduct proper for us to hold on this occasion. But beginning to write I find the matter too copious, and the subject (on reflection) too important to be treated of in an hasty letter; and being told the ships sail to-morrow, I must postpone it to another opportunity.

It was thought at the beginning of the session, that the American duty on Tea would be taken off. But now the wise scheme is to take off so much duty here, as will make tea cheaper in America than foreigners can supply us, and to confine the duty there to keep up the exercise of the right. They have no idea that any people can act from any other principle but that of interest; and they believe that three pence in a pound of tea, of which one does not perhaps drink ten pounds in a year, is sufficient to overcome all the patriotism of an American. kadar I purpose soon to write to you very fully. As to the letters I communicated to you,' though I have not been able to obtain leave to take copies or publish them, I have permission to let the originals remain with you as long as you may think it of any use to have them in pos

session. With great esteem and respect, I have the honour to be, Sir, your most obedient humble servant,

TO THE HON. THOMAS CUSHING, ESQ.

Controversy with Governor Hutchinson.-First idea of an American Congress.—Dr. Franklin's justification of himself against the Charge of neglect, as Agent for Massachusets.

You

SIR, 'joten es im London, July 7, 1778.

I thank you for the pamphlets you have sent me containing the controversy between the Governor and the two houses. I have distributed them where I thought they might be of use. He makes perhaps as much of his argument as it will bear; but has the misfortune of being on the weak side, and so is put to shifts and quibbles, and the use of much sophistry and artifice to give plausibility to his reasonings. The Council and the Assembly have greatly the advantage in point of fairness, perspicuity, and force, His precedents of acts of parliament binding the colonies, and our tacit consent to those acts are all frivo lous. Shall a guardian who has imposed upon, cheated and plundered a minor under his care, who was unable to prevent it, plead those impositions after his ward has discovered them, as precedents and authorities for contouing them. There have been precedents time out of mind for robbing on Hounslow Heath, but the highwayman who robbed there yesterday does nevertheless deserve hanging.

I am glad to see the resolves of the Virginia House, of Burgesses. There are brave spirits among that people.

I hope their proposal will be readily complied with by all the colonies. It is natural to suppose as you do, that if the oppressions continue, a congress may grow out of that correspondence. Nothing would more alarm our ministers; but if the colonies agree to hold a congress, I do not see how it can be prevented.

The instruction relating to the exemption of the com missioners I imagine is withdrawn perhaps the other also relating to the agents, but of that I have heard nothing. I only wonder that the Governor should make such a declaration of his readiness to comply with an intimation in acting contrary to any instructions, if he had not already or did not soon expect a repeal of those instruc tions. I have not, and shall never use your name on this or any similar occasion.

I note your directions relating to public and private letters, and shall not fail to observe them. At the same time I think all the correspondence should be in the speaker's power, to communicate such extracts only as he should think proper for the house. It is extremely embarrassing to an agent to write letters concerning his transactions with ministers, which letters he knows are to be read in the house, where there may be Governor's spies who carry away parts, or perhaps take copies that are echoed back hither privately if they should not beɔ as sometimes they are, printed in the votes. It is impos sible to write freely in such circumstances, unless her would hazard his usefulness, and put it out of his power to do his country any farther service. I speak this now, not upon my own account, being about to decline all public business, but for your consideration with regard to future agents.

And now we speak of agents, I must mention my concern that I should fall under so severe a censure of the house as that of neglect in their business. I have submitted to the reproof without reply in my public letter, out of pure respect. It is not decent to dispute a father's admonitions. But to you in private permit me to observe, that as to the two things I am blamed for not giving the earliest notice of, viz. the clause in the act relating to dock yards, and the appointment of salaries for the Governor and Judges; the first only seems to have some foundation. I did not know, but perhaps I ought to have known, that such a clause was intended. And yet in a parliament, that during the whole session refused admis sion to strangers, wherein near two hundred acts were passed, it is not so easy a matter to come at the knowledge of every clause in every act, and to give opposition to what may affect one's constituents, especially when it is not uncommon to smuggle clauses into a bill whose title shall give no suspicion, when an opposition to such" clauses is apprehended. I say this is no easy matter." But had I known of this clause it is not likely I could have prevented its passing in the present disposition of government towards America, nor do I see that my giving earlier notice of its having passed could have been of much service. As to the other, concerning the Governor and Judges, I should hardly have thought of sending the House an account of it, if the minister had mentioned it to me, as I understood from their first letter to me, that they had already the best intelligence of its being determined by administration to bestow large salaries on the Attorney General, Judges, and Governor of the province." I could not therefore possibly "give the first

notice of this impending evil." I answered however "that there was no doubt of the intention of making Governors, and some other officers independent of the people for their support, and that this purpose will be persisted in, if the American revenue is found sufficient to defray the salaries." This censure, though grievous, does not so much surprize me, as I apprehended all along from the beginning, that between the friends of an old agent, my predecessor who thought himself hardly used in his dismission, and those of a young one impatient for the succession, my situation was not likely to be a very comfortable one, as my faults could scarce pass unobserved.

I think of leaving England in September. As soon as possible after my arrival in America, I purpose (God willing) to visit Boston, when I hope to have the pleasure of paying my respects to you. I shall then give every information in my power, and offer every advice relating to our affairs, (not so convenient to be written) that my situation here for so many years may enable me to suggest for the benefit of our country. Some time before my departure, I shall put your papers into the hands of Mr. Lee, and assist him with my counsel while I stay where there may be any occasion for it. He is a gentleman of parts and ability, and though he cannot exceed me in sincere zeal for the interest and prosperity of the province, his youth will easily enable him to serve it with more activity. I am, Sir, very respectfully, your obliged and most obedient humble servant, B. FRANKLIN.

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