FRANKLIN'S PROPOSED UNION [The text is as given in Documents relating to the Colonial History of New York, vol. vi, pp. 889-91.] PLAN OF A PROPOSED UNION OF THE SEVERAL COLONIES OF MASSACHUSETS BAY, NEW HAMPSHIRE, CONNEC- [Only the four New England Colonies, New York, and Pennsylvania were represented at the Albany Congress.] THAT humble application be made for an Act of the Parliament of Great Brittain, by virtue of which one General Government may be formed in America, including the said Colonies, within and under which Governments each Colony may retain each present Constitution, except in the particulars wherein a change 2 may be directed by the said Act, as hereafter follows. That the said General Government be administered by a President-General, to be appointed and supported by the Crown, and a Grand Council, to be chosen by the 3 1 By recognizing the necessity of an Act of Parliament, Franklin acknowledged the sovereignty of the British Parliament over the several Assemblies; a sovereignty which was at a later date questioned by him as well as by other writers. There had been constant friction and dispute in New York and Massachusetts over the question of securing to the Governor a permanent salary, and the Board of Trade had on more than one occasion proposed that the salaries should be paid by the Crown. Hence the wisdom of Franklin's proposal. (See Documents relating to the Colonial History of New York, vol. v, p. 285; Egerton, Short History of British Colonial Policy, p. 132; and Greene, The Provincial Governor, Harv. Historical Studies, vii, pp. 167-76.) * The Grand Council, according to Franklin, was intended to represent all the several Houses of Representatives of the Colonies as a House of Representatives did the several towns or counties of a Colony. Could all the people of a Colony be consulted and unite in public measures a House of Representatives would be needless; and could all the Assemblies representatives of the people of the several Colonies, met 1 in their respective Assemblies. That within months after the passing of such Act the House of Representatives in the several Assemblies that happen to be sitting within that time or that shall be specially for that purpose convened may and shall chose Members for the Grand Council in the following proportions; that is to say : who shall meet for the present time at the City of Philadelphia in Pennsylvania,3 being called by the President General as soon as conveniently may be after his appoint ment. That there shall be a new election of Members for the conveniently consult and unite in general measures, the Grand Council would be unnecessary. Franklin therefore stoutly opposed the proposal of the members of the Council of New York to give the Governors and Councils of the several Provinces a share in the choice of the Grand Council as opposed to the theory and practice of the British Constitution. 1 'meet' in text. 2 With regard to provincial representation in Grand Council, see remarks in Introduction. 3 'Philadelphia was named as being nearer the centre of the Colonies, where the Commissioners could be well and cheaply accommodated.' One realizes the physical difficulties in the way of a Federal Assembly when one finds Franklin justifying the choice on the ground that the most distant members (those from New Hampshire and South Carolina) need not take more than fifteen or twenty days over the journey thither. Grand Council every three years,1 and, on the death or resignation of any Member, his place shall be supplyed by a new choice at the next sitting of the Assembly of the Colony he represented. That after the first three years, when the proportion of money arising out of each Colony to the General Treasury can be known, the number of Members to be chosen for each Colony shall from time to time in all ensuing elections be regulated by that proportion (yet so as that the number to be chosen by any one Province be not more than seven or less than two). 3 That the Grand Council shall meet once in every year,2 and oftener if occasion require, at such time and place as they shall adjourn to at the last preceding meeting, or as they shall be called to meet at by the President General, on any emergency, he having first obtained in writing the consent of seven of the Members to such call, and sent due and timely notice to the whole. That the Grand Council have power to chuse their Speaker, and shall neither be dissolved, prorogued, nor continue sitting longer than six weeks at one time, without their own consent, or the special command of the Crown. 5 1 Triennial Acts were passed by several of the Colonial Assemblies, but were resented by the Home Government as an invasion of the Governor's prerogative to summon, prorogue, and dissolve the Assemblies as he thought fit. (See Greene, op. cit., pp. 155–8.) 2 Annual Sessions of the Assembly were necessary under the Pennsylvania and Massachusetts Charters. In most Colonies they were necessary to obtain supplies; but in Virginia, where official salaries were paid out of a permanent fund, periods of three or four years passed without the Assembly meeting. 3 The claim of the Governor to adjourn the Assembly to any place he might think fit had been a Colonial grievance. Thus in 1728 Governor Burnet adjourned the House of Assembly to Salem. (Hutchinson's History of the Province of Massachusetts Bay, vol. ii, p. 351.) As a general rule the Governor's approval to the Assembly's choice of a Speaker was a mere formality; but in a few cases the Governor claimed to exercise a right of veto, and such right was expressly maintained in the amended Charter of Massachusetts of 1725. (Hutchinson, op. cit., p. 319.) 5 On this see Greene, op. cit., pp. 151-7. That the Members of the Grand Council shall be allowed. for their services 10 shillings sterling per diem,1 during their sessions or journey to and from the place of meeting; 20 miles to be reckoned a days journey. That the assent of the President General be requisite to all Acts of the Grand Council, and that it be his office and duty to cause them to be carried into execution. That the President General, with the advice of the Grand Council, hold or direct all Indian treaties in which the general interest or welfare of the Colonys may be concerned; and make peace or declare war with the Indian Nations.2 That they make such laws as they judge necessary for the regulating all Indian trade. That they make all purchases from Indians for the Crown of lands [now] not within the bounds of particular Colonies, or that shall not be within their bounds when some of them are reduced to more convenient dimensions. That they make new settlements on such purchases by granting lands [in the King's name] reserving a quit rent to 4 3 1 The general practice was for the counties and towns to pay their representatives, according to the system formerly in force in England. 2 The regulation of Indian affairs was one of the chief reasons for some kind of union. The appointment of Sir William Johnson in 1754 as Imperial Representative in Indian Affairs partly met the mischief. The Proclamation of October, 1763, was, for the most part, due to the urgency of the Indian question. On Indian relations see New York Colonial Documents, iv-vi, passim. 3 Franklin explained: 'It is supposed better that there should be one purchaser than many; and that the Crown should be that purchaser or the Union in the name of the Crown. By this means the bargains may be more easily made, the price not enhanced by numerous bidders, future disputes about private Indian purchases and monopolies of vast tracts to particular persons (which are prejudicial to the settlement and prosperity of the country) prevented; and the land, being again granted in small tracts to the settlers, the quit-rents reserved may in time become a fund for support of Government, for defence of the country, ease of &c. taxes, 4 'Strong forts on the Lakes, the Ohio, &c., may at the same time they secure our present frontiers, serve to defend new Colonies settled under their protection; and such Colonies would also mutually defend and support such forts and better secure the friendship of the Indians. . . . A particular Colony has scarce strength enough to extend itself by the Crown for the use of the General Treasury. That they make laws for regulating and governing such new settlements, till the Crown shall think fit to form them into particular Governments.1 That they raise and pay soldiers, and build forts for the defence of any of the Colonies, and equip vessels of force to guard the coasts and protect the trade on the ocean, lakes, or great rivers; but they shall not impress men in any Colonies, without the consent of its Legislature. That for these purposes they have power to make laws 2 and lay and levy such general duties, imposts or taxes as to them shall appear most equal and just, considering the ability and other circumstances of the inhabitants in the several Colonies, and such as may be collected with the least inconvenience to the people, rather discouraging luxury, than loading industry with unnecessary burthens. That they might appoint a General Treasurer, and a particular Treasurer in each Government when necessary, and from time to time may order the sums in the Treasuries of each Government into the General Treasury, or draw on them for special payments as they find most convenient; yet no money to issue but by joint orders of the PresidentGeneral and Grand Council, except where sums have been appropriated to particular purposes, and the President new settlements, at so great a distance from the old; but the joint power of the Union might suddenly establish a new Colony or two in those parts, or extend an old Colony to particular passes, greatly to the security of our present frontiers, increase of trade and people, breaking through the French communication between Canada and Louisiana, and speedy settlement of the intermediate land.' There can be no question as to the wisdom of the above suggestions. 1 Franklin here anticipates the practice of the Federal Constitution in the case of the Territories. 2 These laws would be such only as might be necessary for the government of the Settlements; the raising, regulating, and paying soldiers for the general services, the regulating of Indian trade, and laying and collecting the general duties and taxes. It was not intended that there should be any interference with the Constitution or the Government of the particular Colonies, which were to be left to their own laws and to lay, levy, and apply their own taxes as before. |