Part 25

He would have liked to spend some time in England among his old friends, but the war feeling was still too violent. He, however, crossed to England and stayed four days at Southampton waiting for Captain Truxton's ship, which was to call for him. English friends flocked down to see him and to give him little mementos, and the British government gave orders that his baggage should not be examined. The Bishop of St. Asaph, who lived near by, hastened to Southampton with his wife and one of his daughters and spent several days in saying farewell. On the evening of the last day they accompanied him on board the ship, dined there, and intended to stay all night; but, to save him the pain of

## parting, they went ashore after he had gone to bed. "When I waked in the

morning," he says, "found the company gone and the ship under sail."

The bishop's daughter, Catherine, wrote him one of her charming letters which, as it relates to him, is as immortal as any of his own writings. Every day at dinner, she tells him, they drank to his prosperous voyage. She is troubled because she forgot to give him a pin-cushion. He seemed to have everything else he needed, and that might have been useful. "We are forever talking of our good friend; something is perpetually occurring to remind us of the time spent with you." They had besought him to finish during the voyage his Autobiography, which had been begun at their house. "We never walk in the garden without seeing _Dr. Franklin's room_, and thinking of the work that was begun in it."

FOOTNOTES:

[28] By his will Franklin left this picture to his daughter, Sarah Bache, and it is still in the possession of her descendants. He requested her not to use the outer circle of diamonds as ornaments and introduce the useless fashion of wearing jewels in America, but he implied that she could sell them. She sold them, and with the proceeds she and her husband made the tour of Europe. The inner circle he directed should be preserved with the picture, but they were removed.

XI

THE CONSTITUTION-MAKER

Almost immediately on Franklin's return to Philadelphia he was made President of the Supreme Executive Council of Pennsylvania, under the extraordinary constitution he had helped to make before he went to France in 1776. This office was somewhat like that of the modern governor. He held it for three years, by annual re-elections, but without being involved in any notable questions or controversies.

He was at this period of his life still genial and mellow, in spite of disease, and full of anecdotes, learning, and curious experiences. His voice is described as low and his countenance open, frank, and pleasing.

He enjoyed what to him was one of the greatest pleasures of life, children and grandchildren. He had six grandchildren, and no doubt often wished that he had a hundred. He had no patience with celibacy, and was constantly urging marriage on his friends. To John Sargent he wrote,--

"The account you give me of your family is pleasing, except that your eldest son continues so long unmarried. I hope he does not intend to live and die in celibacy. The wheel of life that has rolled down to him from Adam without interruption should not stop with him. I would not have one dead unbearing branch in the genealogical tree of the Sargents. The married state is, after all our jokes, the happiest."

Sir Samuel Romilly, who visited him in Paris shortly before his return to America, says in his journal,--

"Of all the celebrated persons whom in my life I have chanced to see, Dr. Franklin, both from his appearance and his conversation, seemed to me the most remarkable. His venerable patriarchal appearance, the simplicity of his manner and language, and the novelty of his observations, at least the novelty of them at that time to me, impressed me with an opinion of him as one of the most extraordinary men that ever existed." (Life of Romilly. By his Sons. Vol. i. p. 50.)

He lived in a large house in Philadelphia, situated on a court long afterwards called by his name, a little back from the south side of Market Street, between Third and Fourth Streets. There was a small garden attached to it, and also a grass-plot on which was a large mulberry-tree, under which he often sat and received visitors on summer afternoons. He built a large addition to the house, comprising a library, a room for the meetings of the American Philosophical Society, with some bedrooms in the third story. Here he passed the closing years of his life with his daughter and six grandchildren, reading, writing, receiving visits from distinguished men, and playing cards in the winter evenings.

"I have indeed now and then," he writes to Mrs. Hewson, "a little compunction in reflecting that I spend time so idly; but another reflection comes to relieve me, whispering, '_You know that the soul is immortal; why then should you be such a niggard of a little time, when you have a whole eternity before you?_' So, being easily convinced, and, like other reasonable creatures, satisfied with a small reason, when it is in favor of doing what I have a mind to, I shuffle the cards again, and begin another game."

[Illustration: FRANKLIN PORTRAIT IN WEST COLLECTION]

He was soon, however, given very important employment in spite of his age. He had made himself famous in many varied spheres, from almanacs and stove-making to treaties of alliance. Nothing seemed to be too small or too great for him. He invented an apparatus for taking books from high shelves. He suggested that sailors could mitigate thirst by sitting in the salt water or soaking their clothes in it. The pores of the skin, he said, while large enough to admit the water, are too small to allow the salt to penetrate; and the experiment was successfully tried by shipwrecked crews. He suggested that bread and flour could be preserved for years in air-tight bottles, and Captain Cook tried it with good results in his famous voyage. It is certainly strange that the man who was so passionately interested in such subjects should enter the great domain of constitution-making and, in spite of many blunders, excel those who had made it their special study.

He had no knowledge of technical law, either in practice or as a science. He was once elected a justice of the peace in Philadelphia, but soon resigned, because, as he said, he knew nothing of the rules of English common law. It was perhaps the only important domain of human knowledge in which he was not interested.

As a public man of long experience he had considerable knowledge of general laws and their practical effect. He was a law-maker rather than a law-interpreter. He understood colonial rights, and knew every phase of the controversy with Great Britain, and he had fixed opinions as to constitutional forms and principles. Some of his ideas on constitution-making were unsound; but it is astonishing what an important part he played during his long life in American constitutional development.

I have shown in another volume, called "The Evolution of the Constitution of the United States," how the principles and forms of that instrument were developed out of two hundred years' experience with more than forty colonial charters and Revolutionary constitutions and more than twenty plans of union. The plans of union were devised from time to time with the purpose of uniting the colonies under one general government. None of them was put into actual practice until the "Articles of Confederation" were adopted during the Revolution. But although unsuccessful in the sense that no union was formed under any of them, they contributed ideas and principles which finally produced the federalism of the national Constitution under which we now live.

Two of these plans of union were prepared by Franklin. No other American prepared more than one, and Franklin's two were the most important of all. Not only was he the originator of the two most important plans, but he lived long enough to take part in framing the final result of all the plans, the national Constitution, and he was the author of one of the most valuable provisions in it.

The first plan of union which he drafted was the one adopted by the Albany Conference of 1754, that had been called to make a general treaty with the Indians which would obviate the confusion of separate treaties made by the different colonies. Such a general treaty, by controlling the Indians, would, it was hoped, assist in resisting the designs of the French in Canada. It was obvious, also, that if the colonies were united under a general government they would be better able to withstand the French. Franklin had advocated this idea of union in his _Gazette_, and had published a wood-cut representing a wriggling snake separated into pieces, each of which had on it the initial letter of one of the colonies, and underneath was written, "Join or die."

He was sent to the conference as one of the delegates from Pennsylvania, and his plan of union, which was adopted, was a distinct improvement on all others that had preceded it, and contained the germs of principles which are now a fundamental part of our political system. In 1775, while a member of the Continental Congress, he drafted another plan, which, though not adopted, added new suggestions and developments. But as both of these plans are fully discussed in "The Evolution of the Constitution,"[29] it is unnecessary to say more about them here.

He was a member of the convention which in 1776 framed a new constitution for Pennsylvania, and in this instrument he secured the adoption of two of his favorite ideas. He believed that a Legislature should consist of only one House, and that the executive authority, instead of being vested in a single person, should be exercised by a committee. The executive department of Pennsylvania became, therefore, a Supreme Executive Council of twelve members elected by the different counties. In order to make up for the lack of a double House, there was a sort of makeshift provision providing that every bill must pass two sessions of the Assembly before it became a law. There was also a curious body called the Council of Censors, two from each city and county, who were to see that the constitution was not violated and that all departments of government did their duty. It was a crude and awkward attempt to prevent unconstitutional legislation, and proved an utter failure. The whole constitution was a most bungling contrivance which wrought great harm to the State and was replaced by a more suitable one in 1790.

But Franklin heartily approved of it, and in 1790 protested most earnestly against a change. He argued at length against a single executive and in favor of a single house Legislature in the teeth of innumerable facts proving the utter impracticability of both. No other important public men of the time believed in them, and they had been rejected in the national Constitution. He was, however, as humorous and clever in this argument as if he had been in the right. A double-branch Legislature would, he said, be too weak in each branch to support a good measure or obstruct a bad one.

"Has not the famous political fable of the snake with two heads and one body some useful instruction contained in it? She was going to a brook to drink, and in her way was to pass through a hedge, a twig of which opposed her direct course; one head chose to go on the right side of the twig, the other on the left; so that time was spent in the contest, and, before the decision was completed, the poor snake died with thirst." (Bigelow's Works of Franklin, vol. x. p. 186.)

After Franklin had taken part in framing the Pennsylvania constitution of 1776 and had gone to Paris as ambassador to France, he had all the new Revolutionary constitutions of the American States translated into French and widely circulated. Much importance has been attached to this translation by some writers, Thomas Paine saying that these translated constitutions "were to liberty what grammar is to language: they define its parts of speech and practically construct them into syntax;" and both he and some of Franklin's biographers ascribe to them a vast influence in shaping the course of the French Revolution. Franklin wrote to the Rev. Dr. Cooper, of Boston, that the French people read the translations with rapture, and added,--

"There are such numbers everywhere who talk of removing to America with their families and fortunes as soon as peace and our independence shall be established that it is generally believed we shall have a prodigious addition of strength, wealth and arts from the emigration of Europe; and it is thought that to lessen or prevent such emigration the tyrannies established there must relax and allow more liberty to their people. Hence it is a common observation here that our cause is the cause of all mankind and that we are fighting for their liberty in defending our own."

As there was none of the vast emigration out of France which he speaks of, and the great emigration from Europe did not begin until after the year 1820, it may very well be that both he and his biographers have exaggerated the effect of the translations. But there seems to be no doubt that the translations must, on general principles, have had a stimulating effect on liberal ideas, although we may not be able to measure accurately the full force of their influence. They also were valuable in arousing the enthusiasm of the French forces, and making more sure of their assistance and alliance.

His last work in constitution-making was in 1787, when the convention met at Philadelphia to frame the national document which was to take the place of the old Articles of Confederation, and this was also the last important work of his life. He was then eighty-one years old, and suffering so much from the gout and stone that he could not remain standing for any length of time. His important speeches he usually wrote out and had his colleague, Mr. Wilson, read them to the convention. This was in some respects an advantage, for these speeches have been preserved entire in Madison's notes of the debates, while what was said by the other members was written by Madison from memory or much abbreviated. It was Franklin's characteristic good luck attending him to the last.

Considering his age and infirmity, one would naturally not expect much from him, and, as we go over the debates, some propositions which he advocated and his treatment by the other members incline us at first to the opinion that he had passed his days of great usefulness, and that he was in the position of an old man whose whims are treated with kindness.

One of the principles which he advocated most earnestly was that the President, or whatever the head of the government should be called, should receive no salary. He moved to amend the part relating to the salary by substituting for it "whose necessary expenses shall be defrayed, but who shall receive no salary, stipend, fee, or reward whatsoever for their services."

He wrote an interesting speech in support of his amendment. But it is easy to see that his suggestion is not a wise one. No one familiar with modern politics would approve of it, and scarcely any one in the convention looked upon it with favor. Madison records that Hamilton seconded the motion merely to bring it before the House and out of regard for Dr. Franklin. It was indefinitely postponed without debate, and Madison adds that "it was treated with great respect, but rather for the author of it than from any apparent conviction of its expediency or practicability."

He also clung steadfastly to his old notions that the executive authority should be vested in a number of persons,--a sort of council, like the absurd arrangement in Pennsylvania,--and that the Legislature should consist of only one House. These two propositions he advocated to the end of the session. We find, moreover, that he seconded the motion giving the President authority to suspend the laws for a limited time, certainly a most dangerous power to give, and very inconsistent with Franklin's other opinions on the subject of liberty.

On the other hand, however, we find him opposing earnestly any restrictions on the right to vote. He was always urging the members to a spirit of conciliation and a compromise of their violent opinions on the ground that it was only by this means that a national government could be created. It was for this purpose that he proposed the daily reading of prayers by some minister of the Gospel, which was rejected by the convention, because, as they had not begun in this way, their taking it up in the midst of their proceedings would cause the outside world to think that they were in great difficulties.

He was strongly in favor of a clause allowing the President to be impeached for misdemeanors, which would, he said, be much better than the ordinary old-fashioned way of assassination; and he was opposed to allowing the President an absolute veto on legislation. All matters relating to money should, he thought, be made public; there should be no limitation of the power of Congress to increase the compensation of the judges, and very positive proof should be required in cases of treason. In these matters he was in full accord with the majority of the convention.

But his great work was done in settling the question of the amount of representation to be given to the smaller States, and was accomplished in a curious way. John Dickinson, of Delaware, was the champion of the interests of the small commonwealths, which naturally feared that if representation in both Houses of Congress was to be in proportion to population, their interests would be made subordinate to those of the States which outnumbered them in inhabitants. This was one of the most serious difficulties the convention had to face, and the strenuousness with which the small States maintained their rights came near breaking up the convention.

Franklin was in favor of only one House of Congress, with the representation in it proportioned to population, and he made a most ingenious and fallacious argument to show that there was more danger of the smaller States absorbing the larger than of the larger swallowing the smaller. But, in the hope of conciliating Dickinson and his followers, he suggested several compromises, the first one of which was very cumbersome and impracticable and need not be mentioned here. It seemed to take for granted that there was to be only one House of Congress.

Afterwards, when it was definitely decided to have two Houses, the question as to the position of the smaller States was again raised in deciding how the Senate was to be composed. Some were for making its representation proportional to population, like that of the lower House, and this the small States resisted. Franklin said that the trouble seemed to be that with proportional representation in the Senate the small States thought their liberties in danger, and if each State had an equal vote in the Senate the large States thought their money was in danger. He would, therefore, try to unite the two factions. Let each State have an equal number of delegates in the Senate, but when any question of appropriating money arose, let these delegates "have suffrage in proportion to the sums which their respective States do actually contribute to the treasury." This was not very practical, but it proved to be a step which led him in the right direction.

A few days afterwards, in a committee appointed to consider the question, he altered his suggestion so that in the lower House the representation should be in proportion to population, but in the Senate each State should have an equal vote, and that money bills should originate only in the lower House. The committee reported in favor of his plan, and it was substantially adopted in the Constitution. The lower House was given proportional representatives, and the Senate was composed of two Senators from each State, which gave absolute equality of representation in that body to all the States. Money bills were allowed to originate only in the lower House, but the Senate could propose or concur with amendments as on other bills.

Thus the great question was settled by one of those strokes of Franklin's sublime luck or genius. He disapproved of the whole idea of a double-headed Congress, and thought the fears of the small States ridiculous; but, for the sake of conciliation and compromise with John Dickinson and his earnest followers, his masterful intellect worked out an arrangement which satisfied everybody and is one of the most important fundamental principles of our Constitution. Without it there would be no federal union. We would be a mere collection of warring, revolutionary communities like those of South America. It has never been changed and in all human probability never will be so long as we retain even the semblance of a republic.

[Illustration: FRANKLIN'S GRAVE IN CHRIST CHURCH GRAVEYARD, PHILADELPHIA]

This was Franklin's greatest and most permanent service to his country, more valuable than his work in England or France, and a fitting close to his long life. The most active period of his life, as he has told us, was between his seventieth and eighty-second years. How much can be done in eighty vigorous years, and what labors had he performed and what pleasures and vast experiences enjoyed in that time! Few men do their best work at such a great age. Moses, however, we are told, was eighty years old before he began his life's greatest work of leading the children of Israel out of Egypt. But it would be difficult to find any other instances in history except Franklin.

After the Constitution as prepared by the convention had been engrossed and read, it became a question whether all the members of the convention could be persuaded to sign it, and Franklin handed one of his happy speeches to Mr. Wilson to be read. He admitted that the Constitution did not satisfy him; it was not as he would have had it prepared; but still he would sign it. With all its faults it was better than none. A new convention would not make a better one, for it would merely bring together a new set of prejudices and passions. He was old enough, he said, to doubt somewhat the infallibility of his own judgment. He was willing to believe that others might be right as well as he; and he amused the members with his humor and the witty story of the French lady who, in a dispute with her sister, said, "I don't know how it happens, sister, but I meet with nobody but myself that is always in the right."

"It therefore astonishes me, sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded, like those of the builders of Babel, and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats....