By this amendment Article 4th will become unnecessary.

Articles 4 and 5. The numerous Petitions heretofore sent home by the Colony Assemblies, and either refused to be received, or received and neglected, or answered harshly, and the petitioners rebuked for making them, have, I conceive, totally discouraged that method of application, and if even their friends were now to propose to them the recurring again to petitioning, such friends would be thought to trifle with them. Besides, all they desire is now before Government, in the Petition of the Congress, and the whole or parts may be granted or refused at pleasure. The sense of the Colonies cannot be better obtained by petition from different Colonies, than it is by that general petition.

Article 7, Read, such as they may think necessary.

Article 11, As it stands, of little importance. The first proposition was, that they should be repealed as unjust. But they may remain, for they will probably not be executed.

Even with the amendment proposed above to Article 1, I cannot think it stands as it should do. If the object be merely the preventing present bloodshed, and the other mischiefs to fall on that Country in war, it may possibly answer that end; but if a thorough hearty reconciliation is wished for, all cause of heart-burning should be removed, and strict justice be done on both sides. Thus the Tea should not only be paid for on the side of Boston, but the damage done to Boston by the Port Act should be repaired, because it was done contrary to the custom of all Nations, savage as well as civilized, of first demanding satisfaction.

Article 14, The Judges should receive nothing from the King.

As to the other two Acts, the Massachusetts must suffer all the hazards and mischiefs of war, rather than admit the alteration of their Charters Laws by Parliament. “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”

B. FRANKLIN.

Hints.

I doubt the regulating duties will not be accepted, without enacting them, and having the power of appointing the Collectors in the Colonies.

If we mean a hearty reconciliation, we must deal candidly, and use no tricks.

The Assemblies are many of them in a state of dissolution. It will require time to make new elections; then to meet and choose Delegates, supposing all could meet. But the Assembly of the Massachusetts-Bay cannot act under the new Constitution, nor meet the new Council for that purpose, without acknowledging the power of Parliament to alter their Charter, which they never will do. The language of the proposal is, Try on your fetters first, and then if you don’t like them, petition and we will consider.

Establishing salaries for Judges may be a general law. For Governours not so, the Constitution of Colonies differing. It is possible Troops may be sent to particular Provinces, to burden them when they are out of favour.

Canada,—We cannot endure despotism over any of our fellow-subjects. We mast all be free, or none.

That afternoon I received the following note from Mrs. Howe, enclosing another from Lord Howe, viz:

Mrs. HOWE’S compliments to Dr. Franklin; she has just received the enclosed note from Lord Howe, and hopes it will be convenient to him to come to her either to-morrow or Sunday, at any hour most convenient to him which she begs he will be so good to name.

Grafton-Street, Friday, February 17, 1775.

[Enclosed in the foregoing.]

To the Honourable Mrs. HOWE:

I wish you to procure me an opportunity to see Dr. Franklin, at your house, to-morrow, or on Sunday morning, for an essential purpose.

Grafton-Street, Friday, 4 o’clock.

Received Friday, 5 o’clock, February 17, 1775.

I had not heard from his Lordship for some time, and readily answered, that I would do myself the honour of waiting upon him at her house to-morrow at 11 o’clock.

Mr. Barclay, Dr. Fothergill, and myself, met according to appointment at the Doctor’s house. I delivered to them the Remarks I had made on the paper, and we talked them over. I read, also, the sketches I had made of the Petitions and Memorials; but they being of opinion, that the repeal of none of the Massachusetts Acts, could be obtained by my engaging to pay for the Tea, the Boston Port Act excepted, and I insisting on a repeal of all, otherwise declining to make the offer, that measure was deferred for the present, and I pocketed my draughts. They concluded, however, to report my sentiments, and see if any further concession could be obtained. They observed, that I had signed my remarks, on which I said, that understanding by other means as well as from them, that the Ministers had been acquainted with my being consulted in this business, I saw no occasion for further mystery; and since in conveying and receiving through second hands their sentiments and mine, occasioned delay, and might be attended with misapprehension, something being lost or changed by mistake in the conveyance, I did not see why we should not meet, and discuss the points together at once; that if this was thought proper, I should be willing and ready to attend them to the ministerial persons they conferred with. They seemed to approve the proposal, and said they would mention it.

The next morning I met Lord Howe according to appointment. He seemed very cheerful, having, as I imagine, heard from Lord Hyde what that Lord might have heard from Mr. Barclay the evening of the 16th, viz: that I had consented to petition and engage payment for the Tea; whence it was hoped, the ministerial terms of accommodation might take place. He let me know that he was thought of to be sent Commissioner for settling the differences in America, adding, with an excess of politeness, that sensible of his own unacquaintedness with the business, and of my knowledge and abilities, he could not think of undertaking it without me; but with me, he should do it most readily; for he should found his expectation of success on my assistance; he therefore had desired this meeting to know my mind upon a proposition of my going with him in some shape or other, as a friend, an assistant, a secretary; that he was very sensible, if he should be so happy as to effect any thing valuable, it must be wholly owing to the advice and assistance I should afford him; that he should therefore make no scruple of giving me upon all occasions the full honour of it; that he had declared to the Ministers his opinion of my good dispositions towards peace, and what he now wished was to be authorized by me to say, that I consented to accompany him, and would co-operate with him in the great work of reconciliation; that the influence I had over the minds of people in America, was known to be very extensive; and that I could, if any man could, prevail with them to comply with reasonable propositions. I replied, that I was obliged to his Lordship for the favourable opinion he had of me, and for the honour be did me in proposing to make use of my assistance; that I wished to know what propositions were intended for America; that if they were reasonable ones in themselves, possibly I might be able to make them appear such to my countrymen; but if they were otherwise, I doubted whether that could be done by any man, and certainly I should not undertake it. His Lordship then said, that he should not expect my assistance without a proper consideration. That the business was of great importance, and if he undertook it, he should insist on being enabled to make generous and ample appointments for those he took with him, particularly for me; as well as a firm promise of subsequent rewards; and, said he, that the Ministry may have an opportunity of showing their good disposition towards yourself, will you give me leave, Mr. Franklin, to procure; for you previously some mark of it; suppose the payment here of the arrears of your salary as agent for New-England, which I understand they have stopped for sometime; past? My Lord, said I, I shall deem it a great honour to be in any shape joined with your Lordship in so good a work; but if you hope service from any influence I may be supposed to have, drop all thoughts of procuring me any previous favours from Ministers; my accepting them would destroy the very influence you propose to make use of; they would be considered as so many bribes to betray the interest of my Country: but only let me see the propositions, and if I approve of them, I shall not hesitate a moment, but will hold myself ready to accompany your Lordship at an hour’s