undue influence was a proper balance for the other; but that whenever the Crown would consent to Acts making the Judges during good behaviour, the Assemblies would at the same time grant their salaries to be permanent during their continuance in office. This the Crown has, however, constantly refused: and this equitable offer is now again here proposed; the Colonies not being able to conceive why their Judges should not be rendered as independent as those in England: that, on the contrary, the Crown now claimed to make the Judges in the Colonies dependant on its favour for both place and salary, both to be continued at its pleasure: this the Colonies must oppose as inequitable, as putting both the weights into one of the scales of justice: if, therefore, the Crown does not choose to commission the Judges during good behaviour, with equally permanent salaries, the alternative proposed, that the salaries continue to be paid during the pleasure of the Assemblies as heretofore. The gentlemen allowed this article to be reasonable.

The thirteenth was objected to, as nothing was generally thought more reasonable here, than that the King should pay his own Governour, in order to render him independent of the people, who otherwise might aim at influencing him against his duty, by occasionally withholding his salary. To this I answered, that Governours sent to the Colonies were often men of no estate or principle, who came merely to make fortunes, and had no natural regard for the Country they were to govern: that to make them quite independent of the people, was to make them careless of their conduct, whether it was beneficial or mischievous to the publick, and giving a loose to their rapacious and oppressive dispositions: that the influence supposed could never extend to operate any thing prejudicial to the King’s service, or the interest of Britain: since the Governour was bound by a set of particular instructions, which he had given surety to observe; and all the laws he assented to were subject to be repealed by the Crown if found improper: that the payment of the salaries by the people was more satisfactory to them, as it was productive of a good understanding, and mutual good offices between Governour and governed, and therefore the innovation lately made in that respect at Boston and New-York had in my opinion better be laid aside. So this article was suffered to remain.

But the fourteenth was thought totally inadmissible. The monopoly of the American Commerce could never be given up, and the proposing it would only give offence without answering any good purpose. I was therefore prevailed on to strike it wholly out.

The fifteenth was readily agreed to.

The sixteenth it was thought would be of little consequence, if the duties were given to the Colony Treasuries.

The seventeenth it was thought could hardly be obtained, but might be tried.

Thus having gone through the whole, I was desired to make a fair copy for Dr. Fothergill, who now informed us, that having an opportunity of seeing daily Lord Dartmouth, of whose good disposition he had a high opinion, he would communicate the paper to him, as the sentiments of considerate persons who wished the welfare of both Countries. Suppose, said Mr. Barclay, I were to show this paper to Lord Hyde; would there be any thing amiss in so doing? He is a very knowing man, and though not in the Ministry, properly speaking, he is a good deal attended to by them. I have some acquaintance with him; we converse freely sometimes, and perhaps if he and I were to talk these articles over, I should communicate to him our conversation upon them some good might arise out of it. Dr. Fothergill had no objection; and I said I could have none. I knew Lord Hyde a little, and had an esteem for him. I had drawn the paper at their request, and it was now theirs to do with it what they pleased. Mr. Barclay then proposed, that I should send the fair copy to him, which, after making one for Dr. Fothergill and one for himself, he would return to me. Another question then arose, whether I had any objection to their mentioning that I had been consulted? I said, none that related to myself; but it was my opinion, if they wished any attention paid to the propositions, it would be better not to mention me; the Ministry having, as I conceived, a prejudice against me and every thing that came from me. They said on that consideration it might be best not to mention me, and so it was concluded. For my own part, I kept this whole proceeding a profound secret; but I soon after discovered that it had taken air by some means or other.

Being much interrupted the day following, I did not copy and send the paper. The next morning I received a note from Mr. Barclay, pressing to have it before twelve o’clock. I accordingly sent it to him. Three days after I received the following note from him:

D. BARCLAY presents his respects, and acquaints Dr. Franklin, that being informed a pamphlet, entitled “A Friendly Address,” has been dispersed to the disadvantage of America, (in particular by the Dean of Norwich,) he desires Dr. Franklin will peruse the enclosed, just come to hand from America and if he approves of it, republish it, as D. Barclay wishes something might be properly spread at Norwich. D. Barclay saw to-day a person with whom he had been yesterday, (before he called on Dr. Franklin, ) and had the satisfaction of walking part of the way with him to another noble person’s house, to meet on the business, and he told him, that he could say, that he saw some light.

Cheapside, 11th instant.

The person so met and accompanied by Mr. Barclay, I understood to be Lord Hyde, going either to Lord Dartmouth’s or Lord North’s, I knew not which.

In the following week arrived the proceedings of the Congress, which had been long and anxiously expected, both by the friends and adversaries of America.

The Petition of Congress to the King was enclosed to me, and accompanied by the following letter from their President, addressed to the American Agents in London, as follows:*

The first impression made by the proceedings of the American Congress on people in general, was greatly in our favour. Administration seemed to be staggered, were impatient to know whether the Petition mentioned in the proceedings was come to my hands, and took roundabout methods of obtaining that information, by getting a ministerial merchant, a known intimate of the Solicitor-General, to write me a letter, importing that he heard I had received such a petition, that I was to be attended in presenting it by the merchants, and begging to know the time, that he might attend “on so important an occasion, and give his testimony to so good a work.” Before these proceedings arrived, it had been given out, that no Petition from the Congress could be received, as they were an illegal body; but the Secretary of State, after a day’s perusal, (during which a Council was held.) told us it was a decent and proper Petition, and cheerfully undertook to present it to His Majesty, who, he afterwards assured us, was pleased to receive it very graciously, and to promise to lay it, as soon as they met, before his two Houses of Parliament; and we had reason to believe that at that time the Petition was intended to be made the foundation of some change of measures; but that purpose, if such there was, did not long continue.

About this time I received a letter from, Mr. Barclay then at Norwich, dated December 18th, expressing his opinion, that it might be best to postpone taking any further steps in the affair of procuring a meeting and petition of the Merchants, (on which we had had several consultations,) till after the holidays, thereby to give the proceedings of Congress more time to work upon men’s minds, adding, “I likewise consider that our superiours will have some little time for reflection, and perhaps may contemplate on the propriety of the Hints, in their possession. By a few lines I have received from Lord Hyde, he intimates his hearty wish that they may be productive of what may be practicable and advantageous for the Mother Country and the Colonies.” On the 22d, Mr. Barclay was come to Town, when I dined with him, and learned that Lord Hyde thought the propositions too hard.

On the, 24th I received the following note from a considerable merchant in the City, viz:

Mr. WILLIAM NEATE presents his most respectful compliments to Dr. Franklin, and as a report prevailed yesterday evening, that all the disputes between Great Britain and the American Colonies were, through his application

*See Vol. I. Fol. 929, and Fol. 934.