Benjamin Franklin : $b Representative selections, with introduction, bibliograpy, and notes — John Shaqi
Benjamin Franklin : $b Representative selections, with introduction, bibliograpy, and notesFranklin, Benjamin
General
Benjamin Franklin : $b Representative selections, with introduction, bibliograpy, and notes
Franklin, Benjamin
Franklin, Benjamin, 1706-1790
While petitioning for a crown colony, he found himself in 1765 faced
with a larger than provincial interest--Lord Grenville's Stamp Act
forced him into the role of one seeking definition of colonial status.
Such was his position in his examination (1766) before the House of
Commons relative to the repeal of the Stamp Act. Almost brusquely he
told his catechizers that even a moderated stamp act could not be
enforced "unless compelled by force of arms."[i-301] With a preface
asserting that colonials before 1763 were proud to be called Old-England
men, he summarized: "The authority of parliament was allowed to be valid
in all laws, except such as should lay internal taxes. It was never
disputed in laying duties to regulate commerce."[i-302] Parliament, in
the colonial view, had no right to lay internal taxes because "we are
not represented there." Mr. Merriam observes that in advancing this
legal and constitutional issue, the colonists "had in short an
antiquated theory as to the position and power of Parliament, and a
premature theory of Parliamentary representation."[i-303]
Franklin referred to the Pennsylvania colonial charter to prove that all
that was asked for was the "privileges and liberties of Englishmen."
When the examiners asked whether the colonists appealing to the Magna
Charta and constitutional rights of Englishmen could not with equal
force "object to the parliament's right of external taxation," Franklin
with cautious ambiguity declared: "They never have hitherto."[i-304]
Franklin's skill in upholding tenuous, almost "metaphysical,"
constitutional grievances (grievances, however, which were not upheld by
constitutional legalists in England) captivated Edmund Burke's
imagination: Franklin appeared to him like a schoolmaster catechizing a
pack of unruly schoolboys. Conservative in his omission of any appeal to
"natural rights," he was radical in his legalistic distinctions between
parliamentary rights to levy certain kinds of taxes. His position in
1766 and for several years following was one of seeking legal
definitions of the colonial status. Considering the popular excesses in
the colonies, Franklin's view was anything but illiberally radical.
Trying to counteract "the general Rage against America, artfully work'd
up by the Grenville Faction,"[i-305] fearful that the unthinking rabble
in the colonies might demonstrate too lustily against duties and the
redcoats,[i-306] Franklin saw, as a result of the constitutional
dilemma, the true extent of the fracture:
But after all, I doubt People in Government here will never
be satisfied without some Revenue from America, nor America
ever satisfy'd with their imposing it; so that Disputes will
from this Circumstance besides others, be perpetually
arising, till there is a consolidating union of the
whole.[i-307]
Public-domain text, read in full here on John Shaqi.
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