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DLXI: THE GEORGIA AGENCY - Benjamin Franklin, The Works of Benjamin Franklin, Vol. VI Letters and Misc. Writings 1772-1775 [1904]

Edition used:

The Works of Benjamin Franklin, including the Private as well as the Official and Scientific Correspondence, together with the Unmutilated and Correct Version of the Autobiography, compiled and edited by John Bigelow (New York: G.P. Putnam’s Sons, 1904). The Federal Edition in 12 volumes. Vol. VI (Letters and Misc. Writings 1772-1775).

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DLXI

THE GEORGIA AGENCY

Thursday, 24 February, 1774.

Mr. Farley, from the committee appointed to examine the journals of the Upper House respecting their proceedings on the ordinance for appointing a provincial agent, and the several bills sent from this House, reported, that by the journals of the Upper House their proceedings on the ordinance for appointing a provincial agent are as follows:

Die Lunæ, 24 January, 1774.

A message was brought from the Commons House by Mr. Clay, with on ordinance for reappointing Benjamin Franklin, Esq., agent to solicit the affairs of this province in Great Britain, and desiring the concurrence of this House thereto.

The engrossed ordinance from the Commons House for reappointing Benjamin Franklin, Esq., agent to solicit the affairs of this province in Great Britain, was read the first time, and ordered to be read the second time on Thursday next.

Die Jovis, 27 January, 1774.

The order of the day being read for reading a second time the ordinance from the Commons House for reappointing Benjamin Franklin, Esq., agent to solicit the affairs of this province in Great Britain.

A motion being made was seconded, that the second reading of the ordinance from the Commons House for reappointing Benjamin Franklin, Esq., agent to solicit the affairs of this province in Great Britain be adjourned, and the House being informed that some disagreeable accounts had been received from the back country, which may probably require the immediate attention of the legislature, it is, therefore, ordered that the second reading of the said ordinance be adjourned to Thursday next.

Die Jovis, 3 February.

The order of the day being read for reading the ordinance from the Commons House for reappointing Benjamin Franklin, Esq., agent to solicit the affairs of this province in Great Britain.

Ordered, That the second reading of the said ordinance be adjourned till to-morrow morning.

A motion was made that a committee be appointed to inquire into the conduct of Benjamin Franklin, Esq., during the time he was appointed agent of this province, and that the committee have orders to send for persons, papers, and records, and do make their report to this House forthwith.

Ordered, That Mr. Stokes, Mr. Johnston, and Mr. Hume be the committee.

Mr. Stokes, from the committee appointed to inquire into the conduct of Benjamin Franklin, Esq., during the time he was appointed agent of this province, reported that the committee in pursuance of the order of this honorable House did meet, and on examining the several ordinances for appointing the said Benjamin Franklin agent of this province, do find that the said Benjamin Franklin was agent of this province for the years 1768, 1769, and 1770. That this committee proceeded to examine his Honor the President and several other members of the committee appointed to correspond with the said Benjamin Franklin as agent, and that they severally informed the committee that they did not recollect the ever seeing or hearing read any letter or paragraph of a letter from the said Benjamin Franklin as agent, save and except one general letter soon after his first appointment, declaring his being satisfied with the salary provided for him, and that he would endeavor to serve the province as far as was in his power, or words to that effect, all which is humbly submitted to this honorable Board, and the said report, being again read by the Clerk, was approved by the House.

Die Veneris, 4 February, 1774.

The order of the day being read for the second reading of the ordinance from the Commons House for reappointing Benjamin Franklin, Esq., agent to solicit the affairs of this province in Great Britain, and the question being put that the said ordinance be now read a second time,—

It passed in the negative. Nemine contradicente.

Resolved (nemine contradicente), That the ordinance be rejected.

Your committee further report that by the said journals it appears the Upper House have proceeded on the several bills sent from this House (as your committee apprehends) in the usual forms.

The House having taken the said report into consideration,—

Ordered, That Mr. Farley, Mr. Andrew, Doctor Jones, Mr. Shruder, and Mr. Simpson be a committee to enquire into the several matters set forth in the journals of the Upper House respecting the conduct of Benjamin Franklin, Esq., since his appointment as Agent for this Province, and particularly during the years 1768, 1769, and 1770, and report their opinion thereon to the House, and that they have power to send for persons, papers, and records.

Monday, 28 February, 1774.

Mr. Farley from the committee appointed to enquire into the several matters set forth in the journals of the Upper House respecting the conduct of Benjamin Franklin, Esq., since his appointment as agent for this province, and particularly during the years 1768, 1769, and 1770, report that it appears to your committee, by an ordinance passed the 11th day of May, 1768, Benjamin Franklin, Esq., was appointed agent to solicit the affairs of this province in Great Britain for one whole year.

That in an ordinance for reappointing the said Benjamin Franklin to that office passed the 27th of February, 1770, the preamble sets forth, and whereas the dissolution of the said Assembly immediately following prevented the said ordinance from going through its regular forms, and whereas the said Benjamin Franklin, notwithstanding the want of such an appointment, hath continued to transact the business of this province in Great Britain, be it therefore ordained, etc., that the said Benjamin Franklin was also reappointed agent by an ordinance passed the 10th of May, 1770, and by the journals of the Commons House of the 21st of December, 1770, it appears that the Upper House had agreed to the reappointment of him for the year 1771.

That it appears very extraordinary to your committee that the objection lately made to Mr. Franklin by the Upper House, unfair as it is, should not have taken place in September last, when they agreed to a like ordinance, reappointing the same gentleman as agent.

Your committee further report that the committee appointed to correspond with the said Benjamin Franklin, as agent, transmitted their instructions to him by letter dated 19th of May, 1768, a duplicate whereof was sent the 26th of the same month; that the committee received an answer thereto from Mr. Franklin, by letter, dated the 9th of August, 1768, directed to James Habersham, Esq.

That the said committee transmitted letters to Mr. Franklin bearing date the 11th, 23d, and 28th days of May, 1770, and in that of the 23d they say perhaps it may be necessary to make an apology for an intermission in our correspondence with you as a committee, which, however, you will be pleased to believe did not arise from the least doubt of your intentions or abilities to serve us, but from circumstances arising from the dissolution of the late Assembly which are now subsided. That those letters were severally answered by Mr. Franklin in his of the 10th of August, 1770, directed to the Hon. James Habersham, Esq., and the rest of the gentlemen of the committee of correspondence for the province of Georgia, which letter is entered in the minute-book of the said committee.

That in the journals of the Commons House, and also in the printed copy thereof of the 7th of November, 1769, are two letters dated the 3d of April and the 7th of June, 1769, received from Mr. Franklin as agent on the public business of this province.

That the said Benjamin Franklin, as well during the continuance of his agency as since the expiration thereof, has exerted his utmost abilities to serve his constituents, as appears by many paragraphs in letters received from him (exclusive of those before mentioned), particularly in one bearing date the 1st of May, 1771, wherein was enclosed the draft of a petition to his Majesty in Council relative to the claim of lands by the assigns of Sir William Baker, deceased,—which said paragraphs of letters and draft of petition were (as your committee are informed) communicated to several members of the Upper House, to the Commons House of Assembly, and also to most of the members of the Committee of Correspondence.

That upon the evidence of the several facts above stated, your committee have.

Resolved, That it is the opinion of your committee, that the determination of the Upper House on the enquiry into the conduct of the said Benjamin Franklin, Esquire, during his agency for this province, is uncandid and contains unjust resolutions on the public reputation of that gentleman.

Resolved, That it is the opinion of your committee, that the said Benjamin Franklin hath, on all occasions since his first appointment as agent, and now especially during the years 1768, 1769, and 1770, been indefatigable in negotiating the affairs of this province, and hath faithfully executed every matter given him in charge either from the Commons House of Assembly or by the Committee of Correspondence.

Resolved, That it is the opinion of your committee, that the thanks of the Commons House be given to the said Benjamin Franklin, Esquire, for the just discharge of the important trust reposed in him, and that Mr. Speaker, be requested to acquaint him therewith, and assure him that the House retains a grateful sense of his repeated offers and endeavors to serve the province, and the same being taken into immediate consideration.

Resolved, That the House doth agree with the committee in their report.

Motion being made that the House do enter into the following resolutions, viz.:

Resolved, That it is the opinion of this House, that the power of appointing an agent to solicit and transact the public affairs of the inhabitants of this province in Great Britain is a right and privilege which is and ought to be exclusively lodged in the representatives of the people.

Resolved, That Benjamin Franklin, Esquire, be agent for one whole year, commencing from this second day of March, one thousand seven hundred and seventy-four, to represent, solicit, and transact the affairs of this province in Great Britain, and he is hereby fully authorized and empowered to follow and pursue all such instructions as he shall from time to time receive from the Commons House of Assembly or the committee apointed to correspond with him.

Resolved, That the Honorable William Young, Esq., Noble Wimberly Jones, Joseph Clay, Samuel Farley, Thomas Shruder, John Simpson, Thomas Netherclift, Thomas Young, and David Zubly, Esquires, shall be and they are hereby appointed a committee to correspond with the said Benjamin Franklin, and give him such orders and instructions from time to time as they shall judge to be for the service of this Province, and the said agent is directed in all his correspondence to address his letters to the first named in the above committee, and the other members thereof, who shall as soon as may be summon the members of the said committee to meet and take under consideration the matters contained in such letters, and in case of the absence from Savannah of the person first in nomination, then any other member of the committee who shall be present, and proceed to business, but no letter to be opened or the seal broke upon any pretence whatsoever before five of the said committee are present.

Resolved, That the said Benjamin Franklin be allowed and paid for his agency the sum of one hundred and fifty pounds sterling money of Great Britain for the term aforesaid, over and above his charges and disbursements, on his application to his Majesty or the several offices and boards in negotiating the affairs of this province in Great Britain.

Resolved, That this House will provide in the next general tax act the said sum of one hundred and fifty pounds, to be paid to the said Benjamin Franklin, Esquire, for his agency, and also all other charges and disbursements attending the same.

A debate arising thereon, and the question being put upon the several resolutions, they passed in the affirmative. The members for the resolutions were Mr. Farley, Doctr. Jones, Mr. Clay, Mr. Zubley, Mr. Thos. Young, Doctr. Houstoun, Mr. Netherclift, Mr. Powell, Mr. Trentlen, Mr. Simpson, Sir Pat’k Houston, Mr. Andrew, Mr. Maxwell, Mr. Sallens, Mr. Stirk, Mr. Millen, and Mr. Shruder; the members against the said resolutions were Mr. Hall and Mr. Jamieson.

Motion being made that it be a direction to the committee of correspondence that they do transmit by the earliest opportunity to Benjamin Franklin, Esquire, agent for this province, a copy of the address of this House to his Majesty, and instruct him to use his utmost endeavors to support the same. A debate arising thereon, and the question being put, it passed in the affirmative. The members for the motion were, Mr. Farley, Mr. Zubley, Doctr. Jones, Mr. Clay, Mr. Shruder, Mr. Henry Yonge, Mr. Isaac Young, Mr. Thomas Young, Mr. Netherclift, Mr. Hillen, Mr. Trentlen, Mr. Stirk, Mr. Sallens, Mr. Andrew, Mr. Maxwell, Mr. Powell, Sir Patrick Houstoun, and Doctr. Houstoun. The members against the motion were Mr. Hall and Mr. Jamieson.

Certified to be a true extract from the original journals.

Richd Cungm Crooke,Clk.