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51. Objections to Governing of Colonies By AGent

THE

by Instructions (1772)

BENJAMIN
FRANKLIN
(1706-1790),
philosopher

and states-
man, noted
for his earnest
and fruitful

the cause of American

indepen

dence. In

1772 he was agent in Engseveral of the

land for

colonies.

HE governing of colonies by instruction has long been a favorite point with ministers here. About thirty years since, in a bill brought into Parliament relating to endeavors in America, they inserted a clause to make the King's instructions laws in the colonies, which, being opposed by the then agents, was thrown out. And I well remember a conversation with Lord Granville, soon after my arrival here, in which he expressed himself on that subject in the following terms. "Your American Assemblies slight the King's instructions, pretending that they are not laws. The instructions sent over to your governors are not like the pocket instructions given to ambassadors, to be observed at their discretion, as circumstances may require. They are drawn up by grave men, learned in the laws and constitutions of the realm; they are brought into Council, thoroughly weighed, well considered, and amended if necessary, by the wisdom of that body; and, when received by the governors, they are the laws of the land; for the King is the legislator of the colonies."

I remember this the better, because, being a new doctrine to me, I put it down as soon as I returned to my lodgings. To be sure, if a governor thinks himself obliged to obey all instructions, whether consistent or inconsistent with the constitution, laws, and rights of the country he governs, and can proceed to govern in that train, there is an end of the constitution, and those rights are abolished. But I wonder, that any honest gentleman can think there is honor in being a governor on such terms. And I think the practice cannot possibly continue, especially if opposed with spirit by our Assemblies. At present no attention is paid by the American ministers to any agent here, whose appointment

The extract
is from a pri-
James Bow-
doin, of Mas-
sachusetts.

vate letter to

structions,"

The "inissued privately to governor for his personal guidance, sometimes

each new

conflicted with the

charters or

customs of

the colonies;

and the attempt to make them a basis of government was one of the tested points

hotly con

of the preRevolution

ary period.

For Franklin,

see Old South Leaflets,

No.9; American History

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is not ratified by the governor's assent; and, if this is persisted in, you can have none to serve you in a public character, that do not render themselves agreeable to these ministers, and those otherwise appointed can only promote your interests by conversation, as private gentlemen or by writing.

Benjamin Franklin, Works (edited by Jared Sparks, Boston, 1838), VII, 549-550.

From the
BOSTON

TOWN REC-
ORDS. This
extract will

serve to indicate the

52. A Colonial Town-Meeting (1729)

AT

T a Meeting of the Freeholders & Other Inhabitants of the Town of Boston Duly Qualified being Regulerly Assembled in a Publick Town meeting at the Town House functions of Tuesday May the 6th 1729–

manifold

that impor

tant unit of
New Eng-
land life, the
town-meet-

ing, and also
to show the
interest and
value of local
records as
historical
material.
For colonial
local gov-
ernment, see
Contempora-
ries, II, ch.
xi; for re-
ports of town-
meetings,
Contempora-
ries, I, Nos.
98, 165; II,
Nos. 78, 140.
Town-meet-
ings had to be
summoned
by warrant,

After Prayer by the Revd mr Thomas Prince Elisha Cooke Esq' Chose Moderator for this Meeting

Sundry Petitions Read Vizt

About a place for the Grainery
About m' Peleg Wiswalls Sallary
About m' Edward Mills Sallary
m' Sam" Oakes Petition

m' Jerā [Jeremiah] Condys Petition.

The Selectmens Report of Sundry things left to them
Voted to Chuse 4 Representatives

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Voted To Chuse a Comittee to Prepare Instructions for the Representatives for their Acting at the General Court at their Approching Session, And to Lay them befor the Meeting in the Afternoon—

Voted That John Alford Esq' mess Henry Dering & Nath" Cunnigham be the Said Committee

On the Petition of Sundry Inhabitants about the Situatian of the Grainery

Voted That m' Moderator & the Selectmen be Joyned with the Comittee appointed for Building the Grainery, Be desired to View the Place, And make Return of their Opinion thereof to the Meeting after Dinner this Day —

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stating the
subjects to
be discussed.

Holding of public offices was regarded as a duty

rather than a privilege, and service was obligatory

Chosen Assessors. unless a

good excuse

Edward Maycomb - Sworn

John Spooner - Sworn Clerks of the Market.
Nathan" Cobbit - Sworn

Post Meridiem.

Voted That the Grainery be Erected and Set up Rainging with the Line of the Burying place on the Comon fronting Eastward, The Said Building to be not Less then [than] forty feet distant from the Sout[h] Corner of the Brick wall of the Burying place —

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could be

offered.

Pay = paid his fine for refusing to

serve.

school" was a Latin

In as much as the Gramer School at the North End of A "gramer the Town of which m' Peleg Wiswall is the Master is much Increaced in the Number of the Schollers, and that no Usher school. is alowed to assist him in his School:

Voted That there be an Additian of Forty Pounds to the Said m' Wiswalls Salary

Sam" Oakes Petition Read & Dismist

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Crooked.

Writing

schools were

lower schools.

The New England school committees

sprang out of these special visiting committees.

In Answar to m' Edward Mills His Petitian.

Voted That there be an Addition of Twenty Pounds to the Said m' Edward Mills Sallary

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Upon A Motion made by Elisha Cook Esq' That the Dividing Line between the Towns Land in the Occupation of m' Nathan" Williams and His Land on the East Side in School Street is for want of due Care become Crucked, intrenching both upon the One and the Others Land, That therfore they would Direct and Imp[o]wer the Selectmen to Rectifie that line as to them Seems Just and Equitable And Further That they would be pleased to Accomodate him with about two feet of the Front of his Land next m' Williams on Such Terms as the Selectmen Shall Agree for with the Said m' Cooke

Read and Voted That it be left with the Selectmen to Act therein as they Judge Meet

On the Petition of m' Jeram Condy for Addition to his Salary

Voted that the Consideration of Said Petition be Referred for further Consideration to the Next Town Meeting, and That in the mean time Nathan" Green John Alford Esq" & m' Thomas Cushing Jun' are desired to Inspect the Several Wrighting Schools within this Town at Such time as they Shall think Advisable for the year Currant, And that they do in an Espesial Mañer Vizit m' Condys School and Report to the Town at their Meeting the Ability and Industry of the Said m' Condy and the Proficiency of the Schollers under His Tuition

The Comittee this day chosen & Appointed to Prepare Instructions for the Representatives, for their Acting at the General Court at their Approching Session And to Lay [them] before the Meeting in the afternoon-Return as Follows: Vizt

To Elisha Cooke Esq' Mess" Thomas Cushing, Ezekiel Lewis & Samuel Welles :

:

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tions were a

usual func

tion of townmeetings.

Your known Loyalty to His Present Majesty King George, Such instrucand Sincear Atachment to the Successian in the Illustrious House of Hannover, Your Hearty Love to this Your native Country, Your Singuler Value for the Liberty & Propperty of this People, your Chearfull and Una[ni]mous Concurrance to promote our Best Intrist, And your Approved Integrity Interest. in those Publick Stations wherein you haue bin Employed, Haue fixed the Eyes of this Town on and Determined their Choice of you as Propper Persons to Represent them in the Next General Assembly Wherin they Expect That you behaue your Selves with your Wonted Zeal and Courage in Prossecuting those good Designes which may tend to the Peace & wellfair of these His Majestys Good Subjects, and Secure those Rights and Priviledges which by the Royal Charter we haue a Just claim to, and as Englishmen do of Right appertain to us, And agreable there unto we Recomend unto you in an Especial Manner

That you Endeavor to Maintain all our Civil Rights & Propertys against any Incrochments upon them

this with No.

50, above.

That you Continue to Pay a due Regard to His Excellency Our Governor, and that you Endeavor that He may have an Honourable Support, But we desire at the Same time That you use your utmost Endeavor That the Honourable House Compare of Representatives may not be by any means Prevailed upon or brought into the Fixing a Certain Sallary for any Certain time, But that they may Improve their usual freedom in granting their Money from time to time, as they Shall Judg the Province to be able, and in Such a manner as they Shall think most for the Benefit and advantage thereof, And if your Pay Should be diverted you may Depend on all the Justice Imaginable from this Town whom you Represent :

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