joint consideration; which, with a few additions, proposed and agreed to by common consent, was as follows:

"Hints for conversation upon the subject of terms, that might, probably, produce a durable union between Britain and the colonies.

"1st. The tea destroyed to be paid for.

"2d. The tea duty act to be repealed, and all the duties, that have been received upon it, to be repaid into the treasuries of the several provinces, from which they have been collected.

3d. The acts of navigation to be all re-enacted in the colonies.

4th. A naval officer, to be appointed by the crown, to see that these acts are observed.

5th. All the acts restraining manufactories in the colonies to be reconsidered.

"6th. All duties, arising on the acts for regulating trade with the colonies, to be for the public use of the respective colonies, and paid into their treasuries.

"The collectors and custom house officers to be appointed by each governor, and not sent from England.

7th. In consideration of the Americans maintaining their own peace establishment, and the monopoly Britain is to have of their commerce, no requisition is to be made from them in time of peace.

8th. No troops to enter and quarter in any colony, but with the consent of its legislature.

9th. In time of war, on requisition by the king with consent of parliament, every colony shall raise money by the following rules in proportion, viz: If Britain, on account of the war, raise three shillings in the pound to its land tax, then the colonies to add, to their last general provincial peace tax, a sum equal to one fourth part thereof; and, if Britain, on the same account, pay four shillings in the pound, then the colonies to add, to their last peace tax, a sum equal to the half thereof; which additional tax is to be granted to his majesty, and to be employed in raising and paying men for land or sea service, and furnishing provisions, transports, or for

such other purposes as the king shall require and direct; and, though no colony may contribute less, each may add as much, by voluntary grant, as it shall think proper.

10th. Castle William to be restored to the province of Massachusetts Bay, and no fortress to be built by the crown in any province, but with the consent of its legislature.

11th. The late Massachusetts and Quebec acts to be repealed, and a free government granted to Canada.

12th. All judges to be appointed during good behaviour, with equally permanent salaries, to be paid out of the province revenues by appointment of the assemblies; or, if the judges are to be appointed during the pleasure of the crown, let the salaries be during the pleasure of the assemblies, as heretofore.

15th. Governors to be supported by the assemblies of each province.

"14th. If Britain will give up her monopoly of the American commerce, then the above-mentioned to be given in time of peace, as well as in time of war.

15th. The extension of the act of Henry the 8th, concerning treasons to the colonies, to be formally disowned by parliament.

16th. The American admiralty courts to be reduced to the same powers they have in England, and the acts establishing them to be re-enacted in America.

17th. All power of internal legislation, in the colonies, to be disclaimed by parliament.

On reading this paper a second time, Dr. Franklin gave his reasons, at length, for each article. Some of his reasons were as follow:

On the first article he observed, that, when the tea was destroyed at Boston, Great Britain had a right to reparation, and would certainly have had it on demand; as was the case, when injuries were done by mobs, in the time of the stamp act; or she might have a right to return an equal injury, if she rather chose to do that: but Great Britain could not have a right both to reparation, and to return an equal injury. Much

less had she a right to return the injury ten or twenty fold, as she had done, by blocking up the port of Boston: all which extra injury ought to be repaired by Great Britain. Therefore, if paying for the tea were agreed to, as an article fit to be proposed, it was merely from a desire of peace, and in compliance with the opinions of Dr. Fothergill and David Barclay, expressed at their first meeting, that this was indispensable; that the dignity of Great Britain required it; and that if this were agreed to, every thing else would be easy.

On the second, it was observed, that the tea duty act should be repealed, having never answered any good purpose, having been the cause of the present mischief, and never likely to be executed. That the act being considered as unconstitutional, by the Americans, and what parliament had no right to enact, they must consider all the money, extorted by it, as so much wrongfully taken, and of which therefore restitution ought to be made; and the rather, as it would furnish a fund, out of which the tea destroyed would be best defrayed.

On the third and fourth articles, it was observed, that the Americans were frequently charged with views of abolishing the navigation act; but that, in truth, those parts of it, which were of most importance to Britain, as tending to increase its naval strength, were as acceptable to the colonists as they could be to the inhabitants of the parent state; since they wished to employ their own ships, in preference to those of foreigners, and they had no desire to see foreign ships enter their ports; that it would prevent disputes, if they were reenacted in the colonies; as that would demonstrate their consent to them; and then, if all the duties arising on them were to be collected by officers, appointed and paid in the respective governments, and the produce paid into their treasuries, the acts would be better and more faithfully executed, and at much less expense, and a great source of misunderstanding between the two countries removed; and that the extension of the admiralty jurisdiction, so much complained of, would then no longer be necessary.

In support of the 7th article, it was observed, that, if every distinct part of the king's dominions supported its own government, in time of peace, it was all that could justly be required of it; that all the old or confederated colonies had done so from their beginning; that their taxes for that purpose were very considerable; that new countries had many expenses, which old ones were free from, the work being done to their hand, by their ancestors; such as making roads and bridges, erecting churches, court-houses, forts, quays and other public buildings, founding schools and places of education, hospitals and alms-houses; that the voluntary subscriptions and legal taxes, for such purposes, taken together, amounted to more than was paid by equal estates in Great Britain; that it would be best not to take money from the Americans, as a contribution to its public expense in time of peace, first, for that just so much less would be got from them in commerce; and secondly, that, coming into the hands of British ministers, accustomed to prodigality of public money, it would be squandered and dissipated without answering any general good purposes; and that, on the whole, it would be best for both countries, that no aids should be asked from the colonies, in time of peace, as it would then be their interest to grant bountifully, and exert themselves, in time of war, the sooner to put an end to it.

In support of the 8th article, it was said, that, if the king could bring, into any one part of his dominions, troops raised in any other part of them, without the consent of the legislature of the part to which they were brought, he might bring armies, raised in America, to England, without the consent of parliament.

The 9th article was drawn in compliance with an idea of Dr. Fothergill, that the British government would probably not be satisfied with the promise of voluntary grants, in time of war, from the American assemblies, of which the quantity must be uncertain; and that, therefore, it would be best to proportion them, in some way, to the shilling in the pound raised in England.

In support of the 10th article, was urged the injustice of seizing that fortress, which had been built at an immense charge by the province, for the defence of their port against national enemies, and turning it into a citadel for awing the town, restraining their trade, blocking up their port, and depriving them of their privileges: that a great deal had been said of their injustice, in destroying the tea; but here was a much greater injustice uncompensated; that castle having cost the province 300,000l.

In support of the 11th article, it was said, that, as the Americans had assisted in the conquest of Canada, at a great expense of blood and treasure, they had some right to be considered in the settlement of it; that the establishing an arbitrary government, on the back of their settlements, would be dangerous to them all; that as to amending the Massachusetts government, though it might be shown, that every one of these pretended amendments were real mischiefs, yet, as charters were compacts between two parties, the king and the people, no alteration could be made in them even for the better, but by the consent of both parties; that the parliamentary claim and exercise of power, to alter American charters, had rendered all their constitutions uncertain, and set them quite afloat; that, by this claim of altering laws and charters at will, they deprived the colonists of all rights and privileges whatever, but what they should hold at their pleasure; and that this was a situation they could not be in, and must risk life and every thing rather than submit to it.

The 12th article was explained, by stating the former situation of the judges in most of the colonies, viz. that they were appointed by the crown, and paid by the assemblies; that, the appointment being during the pleasure of the crown, the salary had been during the pleasure of the assembly; that, when it was urged against the assemblies, that their making judges dependent on them for their salaries, was aiming at an undue influence over the courts of justice; the assemblies usually replied, that making them dependent on the crown, for continuance in their places, was also retaining an undue influence over those courts; and that one undue in