of an act "taxing the
proprietary estate in common with the estates of the people." Much
disturbed, the proprietaries now obtained a hearing before the king in
council. They requested his majesty to set aside this tax act, and
several other acts which had been passed within two years by the
Assembly. Of these other acts some were repealed, according to the
prayer of the proprietaries; but more were allowed to stand. These were,
however, of comparatively little consequence; the overshadowing
grievance for the Penns lay in this taxation of their property.
Concerning this it was urged by their counsel that the proprietaries
were held in such odium by the people that, if left to the popular
"mercy in apportioning the taxes, they would be ruined." The other side,
of course, vehemently denied that there was the slightest ground for
such a suspicion.
In June, 1760, the board of trade rendered a report very unfavorable to
the Assembly. Their language showed that they had been much affected by
the appearance of popular encroachments, and by the allegations of an
intention on the part of the colonists "to establish a democracy in
place of his majesty's government." Their advice was to bring "the
constitution back to its proper principles; to restore to the crown, in
the person of the proprietaries, its just prerogative; to check the
growing influence of assemblies, by distinguishing, what they are
perpetually confounding, the executive from the legislative power." News
of this alarming document reached Franklin just as he was about to start
upon a trip through Ireland. It put an end to that pleasure; he had to
set to work on the moment, with all the zeal and by all the means he
could compass, to counteract this fulmination. Just how he achieved so
difficult an end is not recorded; but it appears that he succeeded in
securing a further hearing, in the progress of which Lord Mansfield
"rose, and beckoning me, took me into the clerk's chambers, ... and
asked me, if I was really of opinion that no injury would be done to the
proprietary estate in the execution of the act. I said: Certainly.
'Then,' says he, 'you can have little objection to enter into an
engagement to assure that point.' I answered: None at all." Thereupon a
paper of this purport, binding personally upon Franklin and upon Mr.
Charles, the resident agent of the province, was drawn up, and was duly
executed by them both; and on August 28 the lords filed an amended
re
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