The Complete Works in Philosophy, Politics and Morals of the late Dr. Benjamin Franklin, Vol. 3 [of 3]

By Benjamin Franklin

Page 215

the
realm, under that criminal jurisdiction to which alone by their
legal resiancy and allegiance they were amenable; applying this to
the case of subjects whose _legal_ resiancy is _without_ the realm,
and who are by that resiancy and their allegiance amenable to a
jurisdiction authorized and empowered to try and give judgment upon
all capital offences whatsoever without appeal; thus applying this
statute so as to take up a proceeding, for which there is no legal
process either by common or statute law as now established, but in
defiance of which there is a legal process established by the habeas
corpus act;----would be, to disfranchise the subject in America of
those rights and liberties which by statute and common law he is now
entitled to.

[112] 13th and 14th Car. II. c. 2.

[113] If the king was to absent himself for a time from the realm,
and did as usual leave a regency in his place, (his locum tenens
as supreme civil magistrate) could he authorize and commission any
military commander in chief to command the militia forts and forces,
_independent of such regency_? Could he do this in Ireland? Could
he do this in the colonies and plantations, where the governor is
already, by commission or charter or both under the great seal,
military commander in chief, as part of (and inseparably annexed
to) the office of supreme civil magistrate, his majesty's locum
tenens within said jurisdictions? If he could, then, while openly,
by patent according to law, he appeared to establish a free British
constitution, he might by a fallacy establish a military power and
government.

[114] Governor P. accompanied this paper to Dr. F. with a sort
of prophetic remark. After stating, that these theorems, and
their application to existing cases, were intended to remedy the
prejudice, indigestion, indecision and errors, then prevailing
either in opinions or conduct; he adds, "the very attention to the
investigation may lead to the discovery of _some truths respecting
the whole British empire_, then little thought of and scarce even
suspected, and which perhaps it would not be _prudent_ at this time
to mark and point out."--The minister however judged the _discussion_
of _dubious_ rights over growing states, a better policy than
possession, discretion and silence; he turned civilian, and lost an
empire. B. V.




TO MR. DUBOURG.

_Concerning the Dissentions between England and America._[115]


_London, October 2, 1770._

I see with pleasure that we think pretty much alike on the subjects
of English America. We of the colonies have never insisted, that we
ought to be exempt from contributing to the common expences necessary
to support the prosperity of

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Text Comparison with Memoirs of Benjamin Franklin; Written by Himself. [Vol. 2 of 2] With his Most Interesting Essays, Letters, and Miscellaneous Writings; Familiar, Moral, Political, Economical, and Philosophical, Selected with Care from All His Published Productions, and Comprising Whatever Is Most Entertaining and Valuable to the General Reader

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42 On Luxury, Idleness, and Industry 45 On Truth and Falsehood 50 Necessary Hints to those that would be Rich 53 The Way to make Money plenty in every Man's Pocket 54 The Handsome and Deformed Leg 55 On Human Vanity 58 On Smuggling, and its various Species 62 Remarks concerning the Savages of North America 66 On Freedom of Speech and the Press 71 On the Price of Corn and the Management of the Poor 82 Singular Custom among the Americans, entitled Whitewashing .
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To Mrs.
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_Sloth, like rust, consumes faster than labour wears; while the used key is always bright_, as Poor Richard says.
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Socrates therefore addressed himself to him in this manner: "'If you knew any man that could gain the prizes in the public games, and by that means render himself illustrious, and acquire glory to his country, what would you say of him if he refused to offer himself to the combat?' "'I would say,' answered Charmidas, 'that he was a mean-spirited, effeminate fellow.
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The first elements of wealth are obtained by labour, from the earth and waters.
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Oh, then, be wise, and let industry walk with thee in the morning, and attend thee until thou reachest the evening hour for rest.
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If this turn of mind was founded in nature, such unhappy persons would be the more to be pitied.
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[4] Oh virtue! the most certain ruin.
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gospel he pleased_.
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And then, having yourselves thus lessened our encouragement for raising sheep, you curse us for the scarcity of mutton! I have heard my grandfather say, that the farmers submitted to the prohibition on the exportation of wool, being made to expect and believe that, when the manufacturer bought his wool cheaper, they should also have their cloth cheaper.
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Even the sanguinary author of the _Thoughts_ agrees to it, adding well, "that the very thought of _injured_ innocence, and much more that of _suffering_ innocence, must awaken all.
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We will talk the matter over, and perhaps you may take me back.
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He that spits against the wind, spits in his own face.
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The air may be the cause of earthquakes; for the air being a collection of fumes and vapours raised from the earth and water, if it be pent up in too narrow viscera of the earth, the subterraneous or its own native heat rarefying and expanding it, the force wherewith it endeavours to escape may shake the earth; hence there arises divers species of earthquakes, according to the different position, quantity, &c.
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of it; but does not extend to the making or creating new matter, or annihilating the old.
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Hence the cold air on the tops of mountains, and snow on some of them all the year, even in the torrid zone.
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If part of this due proportion of fire be conducted away, by means of a contact with other bodies, as air, water, or metals, the parts of our skin and flesh that come into such contact first draw more near together than is agreeable, and give that sensation which we call cold; and if too much be conveyed away, the body stiffens, the blood ceases to flow, and death ensues.
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The season in which the fly laid its eggs Linnaeus knew to be about a fortnight (I think) in the month of May, and at no other time in the year.
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2.
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"His discoveries were made with hardly any apparatus at all; and if, at any time, he had been led to employ instruments of a somewhat less ordinary description, he never seemed satisfied until he had, as it were, afterward translated the process, by resolving the problem with such simple machinery that you might say he had done it wholly unaided by apparatus.