7 That in times of war the Kings High Commissioner shall be generall or Chief Commander of the severall Quotas upon service against the Common enemy as he shall be advised, for the good and benefit of the whole.

III. BENJAMIN FRANKLIN'S PLAN FOR A UNION OF THE SEVERAL COLONIES, ADOPTED AT ALBANY, JULY 10, 1754.1

PLAN OF UNION

ADOPTED BY THE CONVENTION AT ALBANY; WITH THE REASONS AND MOTIVES FOR EACH ARTICLE OF THE PLAN.2

It is proposed that humble application be made for an act of Parliament of Great Britain, by virtue of which one general government may be formed in America, including all the said colonies, within and under which government each colony may retain its present constitution, except in the particulars wherein a change may be directed by the said act, as hereafter follows.

PRESIDENT-GENERAL AND GRAND COUNCIL

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 representatives of the people of the several colonies met in their respective Assemblies.

It was thought that it would be best the president-general should be supported as well as appointed by the crown, that so all disputes between him and the grand council concerning his salary might be prevented; as such disputes have been frequently of mischievous consequence in particular colonies, especially in time of public danger. The quit-rents of crown lands in America might in a short time be sufficient for this purpose. This choice of members for the grand council is placed in the house of representatives of each government, in order to give the people a share in this new general government, as the crown has its share by the appointment of the president-general.

1 Reprinted, with the permission of The Macmillan Company of New York, from Albert Henry Smyth, The Writings of Benjamin Franklin, 1907, Vol. iii, pp. 207-227. See also Documents Relative to the Colonial History of New York, Vol. vi, pp. 889-891.

2 Dr. Franklin accompanied the text of the Articles with comments here reproduced in Italics. The several Articles, as originally adopted are printed in Roman type.

It is to be observed, that the union was to extend to the colonies of New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, and South Carolina, (being all the British Colonies at that time in North America, except Georgia and Nova Scotia,) "for their mutual defence and security, and for extending the British settlements in North America." Another plan was proposed in the Convention, which included only New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, and New Jersey. This was printed in the volume of the COLLECTIONS of the Massachusetts Historical Society for 1800. It is a rough draft of the above Plan, with some unimportant variations. It would seem, by the Hints communicated to Mr. Alexander, that Franklin himself did not at first contemplate anything more that a union of the northern colonies. (Mr. Smyth's note.)

But it being proposed by the gentlemen of the council of New York, and some other counsellors among the commissioners, to alter the plan in this particular, and to give the governors and council of the several provinces a share in the choice of the grand council, or at least a power of approving and confirming, or of disallowing, the choice made by the house of representatives, it was said,

"That the government or constitution, proposed to be formed by the plan, consists of two branches; a president-general appointed by the crown, and a council chosen by the people, or by the people's representatives, which is the same thing.

"That by a subsequent article, the council chosen by the people can effect nothing without the consent of the president-general appointed by the crown; the crown possesses therefore full one half of the power of this constitution.

"That in the British constitution, the crown is supposed to possess but one third, the lords having their share.

"That this constitution seemed rather more favourable for the crown. "That it is essential to English liberty, that the subject should not be taxed but by his own consent, or the consent of his elected representatives.

"That taxes to be laid and levied by this proposed constitution will be proposed and agreed to by the representatives of the people, if the plan in this particular be preserved;

"But if the proposed alteration should take place, it seemed as if matters may be so managed, as that the crown shall finally have the appointment, not only of the president-general, but of a majority of the grand council; for seven out of eleven governors and councils are appointed by the crown;

"And so the people in all the colonies would in effect be taxed by their

governors.

"It was therefore apprehended, that such alterations of the plan would give great dissatisfaction, and that the colonies could not be easy under such a power in governors, and such an infringement of what they take to be English liberty.

"Besides, the giving a share in the choice of the grand council would not be equal with respect to all the colonies, as their constitutions differ. In some, both governor and council are appointed by the crown. In others, they are both appointed by the proprietors. In some, the people have a share in the choice of the council; in others, both government and council are wholly chosen by the people. But the house of representatives is everywhere chosen by the people; and, therefore, placing the right of choosing the grand council in the representativs is equal with respect to all.

"That the grand council is intended to represent all the several houses of representatives of the colonies, as a house of representatives doth 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 conveniently consult and unite in general measures, the grand council would be unnecessary.

"That a house of commons or the house of representatives, and the grand

council, are thus alike in their nature and intention. And, as it would seem improper that the King or House of Lords should have a power of disallowing or appointing members of the House of Commons; so likewise, that a governor and council appointed by the crown should have a power of disallowing or appointing members of the grand council, who, in this constitution, are to be the representatives of the people.

"If the governors and councils therefore were to have a share in the choice of any that are to conduct this general government, it should seem more proper that they choose the president-general. But, this being an office of great trust and importance to the nation, it was thought better to be filled by the immediate appointment of the crown.

"The power proposed to be given by the plan to the grand council is only a concentration of the powers of the several Assemblies in certain points for the general welfare; as the power of the president-general is, of the powers of the several governors in the same points.

“And as the choice therefore of the grand council, by the representatives of the people, neither gives the people any new powers, nor diminishes the power of the crown, it was thought and hoped the crown would not disapprove of it." Upon the whole, the commissioners were of opinion, that the choice was most properly placed in the representatives of the people.

That within

ELECTION OF MEMBERS

months after the passing such act, the house of representatives, that happen to be sitting within that time, or that shall be especially for that purpose convened, may and shall choose members for the grand council, in the following proportion, that is to say,

It was thought, that if the least colony was allowed two, and the others in proportion, the number would be very great, and the expense heavy; and that less than two would not be convenient, as, a single person being by any accident prevented appearing at the meeting, the colony he ought to appear for would not be

represented. That as the choice was not immediately popular, they would be generally men of good abilities for business, and men of reputation for integrity; and that forty-eight such men might be a number sufficient. But though it was thought reasonable that each colony should have a share in the representative body in some degree according to the proportion it contributed to the general treasury, yet the proportion of wealth or power of the colonies is not to be judged by the proportion here fixed; because it was at first agreed, that the greatest colony should not have more than seven members, nor the least less than two; and the setting these proportions between these two extremes was not nicely attended to, as it would find itself, after the first election, from the sums brought into the treasury, as by a subsequent article.

PLACE OF FIRST MEETING

who shall meet for the first time at the city of Philadelphia in Pennsylvania, being called by the President-General as soon as conveniently may be after his appointment.

Philadelphia was named as being nearer the centre of the colonies, where the commissioners would be well and cheaply accommodated. The high roads, through the whole extent, are for the most part very good, in which forty or fifty miles a day may very well be, and frequently are, travelled. Great part of the way may likewise be gone by water. In summer time, the passages are frequently performed in a week from Charleston to Philadelphia and New York; and from Rhode Island to New York through the Sound, in two or three days; and from New York to Philadelphia, by water and land, in two days, by stage, boats and wheel carriages that set out every other day. The journey from Charleston to Philadelphia may likewise be facilitated by boats running up Chesapeake Bay three hundred miles. But if the whole journey be performed on horseback, the most distant members, viz. the two from New Hampshire and from South Carolina may probably render themselves at Philadelphia in fifteen or twenty days; the majority may be there in much less time.

NEW ELECTION

That there shall be a new election of the members of the Grand Council every three years; and, on the death or resignation of any member, his place should be supplied by a new choice at the next sitting of the Assembly of the colony he represented.

Some colonies have annual assemblies, some continue during a governor's pleasure; three years was thought a reasonable medium, as affording a new member time to improve himself in the business, and to act after such improvement, and yet giving opportunities, frequently enough, to change him, if he has misbehaved.

PROPORTION OF MEMBERS AFTER THE FIRST THREE YEARS

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, nor less than two.

By a subsequent article it is proposed, that the general council shall lay and levy such general duties, as to them may appear most equal and least burthensome, &c. Suppose, for instance, they lay a small duty or excise on some commodity imported into or made in the colonies, and pretty generally and equally used in all of them, as rum perhaps, or wine; the yearly produce of this duty or excise, if fairly collected, would be in some colonies greater, in others less, as the colonies are greater or smaller. When the collector's accounts are brought in, the proportions will appear; and from them it is proposed to regulate the proportion of representatives to be chosen at the next general election, within the limits however of seven and two. These numbers may therefore vary in the course of years, as the colonies may in the growth and increase of people. And thus the quota of tax from each colony would naturally vary with its circumstances thereby preventing all disputes and dissatisfaction about the just proportions due from each; which might otherwise produce pernicious consequences, and destroy the harmony and good agreement that ought to subsist between the several parts of the Union.

MEETINGS OF THE GRAND COUNCIL, AND CALL

That the Grand Council shall meet once in every year, 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.

It was thought, in establishing and governing new colonies or settlements, regulating Indian trade, Indian treaties, &c., there would be every year sufficient business arise to require at least one meeting, and at such meeting many things might be suggested for the benefit of all the colonies. This annual meeting may either be at a time or place certain, to be fixed by the president-general and grand council at their first meeting; or left at liberty, to be at such time and place as they shall adjourn to, or be called to meet at by the president-general.

In time of war it seems convenient, that the meeting should be in that colony, which is nearest the seat of action.

The power of calling them on any emergency seemed necessary to be vested in the president-general; but, that such power might not be wantonly used to harass the members, and oblige them to make frequent long journeys to little purpose, the consent of seven at least to such call was supposed a convenient guard.

CONTINUANCE

That the Grand Council have power to choose their speaker; and shall neither be dissolved, prorogued, nor continued sitting longer than six weeks at one time, without their own consent or the special command of the crown.