Jefferson’s writing style, however, was different from Franklin’s. It was graced with rolling cadences and mellifluous phrases, soaring in their poetry and powerful despite their polish. In addition, Jefferson drew on a depth of philosophy not found in Franklin. He echoed both the language and grand theories of English and Scottish Enlightenment thinkers, most notably the concept of natural rights propounded by John Locke, whose Second Treatise on Government he had read at least three times. And he built his case, in a manner more sophisticated than Franklin would have, on a contract between government and the governed that was founded on the consent of the people.
Jefferson also, it should be noted, borrowed freely from the phrasings of others, including the resounding Declaration of Rights in the new Virginia constitution that had just been drafted by his fellow planter George Mason, in a manner that today might subject him to questions of plagiarism but back then was considered not only proper but learned. Indeed, when the cranky John Adams, jealous of the acclaim that Jefferson had gotten, did point out years later that there were no new ideas in the Declaration and that many of the phrases had been lifted from others, Jefferson retorted: “I did not consider it as any part of my charge to invent new ideas altogether and to offer no sentiment which had ever been expressed before.”32
When he had finished a draft and incorporated some changes from Adams, Jefferson sent it to Franklin on the morning of Friday, June 21. “Will Doctor Franklin be so good as to peruse it,” he wrote in his cover note, “and suggest such alterations as his more enlarged view of the subject will dictate?”33 People were much more polite to editors back then.
Franklin made only a few changes, some of which can be viewed written in his own hand on what Jefferson referred to as the “rough draft” of the Declaration. (This remarkable document is at the Library of Congress and on its Web site.) The most important of his edits was small but resounding. He crossed out, using the heavy backslashes that he often employed, the last three words of Jefferson’s phrase “We hold these truths to be sacred and undeniable” and changed them to the words now enshrined in history: “We hold these truths to be self-evident.”34
The idea of “self-evident” truths was one that drew less on John Locke, who was Jefferson’s favored philosopher, than on the scientific determinism espoused by Isaac Newton and on the analytic empiricism of Franklin’s close friend David Hume. In what became known as “Hume’s fork,” the great Scottish philosopher, along with Leibniz and others, had developed a theory that distinguished between synthetic truths that describe matters of fact (such as “London is bigger than Philadelphia”) and analytic truths that are self-evident by virtue of reason and definition (“The angles of a triangle equal 180 degrees”; “All bachelors are unmarried”). By using the word “sacred,” Jefferson had asserted, intentionally or not, that the principle in question—the equality of men and their endowment by their creator with inalienable rights—was an assertion of religion. Franklin’s edit turned it instead into an assertion of rationality.
Franklin’s other edits were less felicitous. He changed Jefferson’s “reduce them to arbitrary power” to “reduce them under absolute despotism,” and he took out the literary flourish in Jefferson’s “invade and deluge us in blood” to make it more sparse: “invade and destroy us.” And a few of his changes seem somewhat pedantic. “Amount of their salaries” became “amount and payment of their salaries.”35
On July 2, the Continental Congress finally took the momentous step of voting for independence. Pennsylvania was one of the last states to hold out; until June, its legislature had instructed its delegates to “utterly reject” any actions “that may cause or lead to a separation from our Mother Country.” But under pressure from a more radical rump legislature, the instructions were changed. Led by Franklin, Pennsylvania’s delegation, with conservative John Dickinson abstaining, joined the rest of the colonies in voting for independence.
As soon as the vote was completed, the Congress formed itself into a committee of the whole to consider Jefferson’s draft Declaration. They were not so light in their editing as Franklin had been. Large sections were eviscerated, most notably the one that criticized the king for perpetuating the slave trade. The Congress also, to its credit, cut by more than half the draft’s final five paragraphs, in which Jefferson had begun to ramble in a way that detracted from the document’s power.36
Jefferson was distraught. “I was sitting by Dr. Franklin,” he recalled, “who perceived that I was not insensible to these mutilations.” But the process (in addition to in fact improving the great document) had the delightful consequence of eliciting from Franklin, who sought to console Jefferson, one of his most famous little tales. When he was a young printer, a friend starting out in the hat-making business wanted a sign for his shop. As Franklin recounted:
He composed it in these words, “John Thompson, hatter, makes and sells hats for ready money,” with a figure of a hat subjoined. But he thought he would submit it to his friends for their amendments. The first he showed it to thought the word “Hatter” tautologous, because followed by the words “makes hats,” which showed he was a hatter. It was struck out. The next observed that the word “makes” might as well be omitted, because his customers would not care who made the hats…He struck it out. A third said he thought the words “for ready money” were useless, as it was not the custom of the place to sell on credit. Everyone who purchased expected to pay. They were parted with; and the inscription now stood, “John Thompson sells hats.” “Sells hats!” says his next friend; “why, nobody will expect you to give them away. What then is the use of that word?” It was stricken out, and “hats” followed, the rather as there was one painted on the board. So his inscription was reduced ultimately to “John Thompson,” with the figure of a hat subjoined.”37
At the official signing of the parchment copy on August 2, John Hancock, the president of the Congress, penned his name with his famous flourish. “There must be no pulling different ways,” he declared. “We must all hang together.” According to the early American historian Jared Sparks, Franklin replied: “Yes, we must, indeed, all hang together, or most assuredly we shall all hang separately.” Their lives, as well as their sacred honor, had been put on the line.38
Constitutional Ideas
Having declared the collective colonies a new nation, the Second Continental Congress now needed to create, from scratch, a new system of government. So it began work on what would become the Articles of Confederation. The document was not completed until late 1777, and it would take another four years before all the colonies ratified it, but the basic principles were decided during the weeks following the declaration of independence.
In the Articles of Confederation plan he had submitted a year earlier, Franklin proposed a strong central government run by a popularly elected congress based on proportional representation. By temperament and upbringing, he was among the most democratic of the colonial leaders. Most of his ideas did not prevail in the new Articles, but the arguments he made in the debate—and in the concurrent meetings at which the Pennsylvania Assembly wrote a new constitution for that state—were eventually to prove influential.
One of the core issues, then and throughout American history, was whether they were creating a confederacy of sovereign states or a single unified nation. More specifically: Should each state have one vote in Congress, or should representation be in proportion to population? Franklin, not surprisingly, favored the latter, not merely because he was from a big state, but also because he felt that the power of the national congress should come from the people and not from the states. In addition, giving small states the same representation as large ones would be unfair. “A confederation upon such iniquitous principles will never last long,” he correctly predicted.
As the argument got heated, Franklin attempted to add some levity. The smaller states had argued that they would be overwhelmed by the larger ones if there was proportional representation. Fr
anklin replied that some Scots had said, at the time of the union with England, that they would meet Jonah’s fate of being swallowed by a whale, but so many Scots ended up being part of the government “that it was found, in the event, that Jonah had swallowed the whale.” Jefferson noted that the Congress laughed heartily enough to regain its humor. Nevertheless, it voted to keep the system of one vote per state. Franklin initially threatened to persuade Pennsylvania not to join the confederation, but he eventually backed down.
Another issue was whether slaves should be counted as part of a state’s population for the purpose of assessing its tax liability. No, argued one South Carolina delegate, slaves were not population but property, more akin to sheep than to people. This drew a rebuke from Franklin: “There is some difference between them and sheep: Sheep will never make any insurrections.”39
At the same time the Congress was debating the new Articles, Pennsylvania was holding its own state constitutional convention, conveniently in the same building. Franklin was unanimously chosen as its president, and his main contribution was to push for a legislature composed of only one house. The idea of balancing the power of a directly elected legislature with an indirectly chosen “upper” house, he contended, was a vestige of the aristocratic and elitist system against which America was rebelling. Franklin likened a legislature with two branches to “the fabled” snake with two heads: “She was going to a brook to drink, and in her way was to pass through a hedge, a twig of which opposed her direct course; one head chose to go on the right side of the twig, the other on the left; so that time was spent in the contest, and, before the decision was completed, the poor snake died with thirst.” His fingerprints were also visible in the list of qualifications that Pennsylvania’s officeholders must meet: unlike in other states, they did not have to own property, but they should have a “firm adherence to justice, moderation, temperance, industry and frugality.”
Franklin’s preference for a unicameral legislature would eventually be discarded both by Pennsylvania and the United States, but it was greeted with great acclaim in France, which implemented it (with dubious results) after its own revolution. Another ultrademocratic proposal Franklin made to the Pennsylvania convention was that the state’s Declaration of Rights discourage large holdings of property or concentrations of wealth as “a danger to the happiness of mankind.” That also ended up being too radical for the convention.
In his spare time, Franklin served on a variety of congressional committees. He helped design, for example, the Great Seal of the new nation, working once again with Jefferson and Adams. Jefferson proposed a scene of the children of Israel being led through the wilderness, and Adams suggested a depiction of Hercules. Franklin’s proposal was to have the motto E Pluribus Unum on the front and an ornate scene on the reverse of Pharaoh being engulfed by the Red Sea with the phrase “Rebellion to Tyrants is obedience to God.” Jefferson then embraced Franklin’s plan, and much of it was adopted by the Congress.40
Meeting Lord Howe Again
Franklin’s negotiations in London with Adm. Richard Howe—the ones that began under the cover of chess matches at Howe’s sister’s house at the end of 1774—had ended in failure, but they did not destroy the respect the two men felt for each other. What particularly frustrated Lord Howe was that the impasse had dashed his dream of being designated a peace envoy to the colonies. By July 1776, the admiral was commander of all British forces in America, with his brother, Gen. William Howe, in charge of the ground troops. In addition, he had gotten his wish of being commissioned to try to negotiate a reconciliation. He carried with him a detailed proposal that offered a truce, pardons for the rebel leaders (with John Adams secretly exempted), and promises of rewards for any American who helped restore peace.
Because the British did not recognize the Continental Congress as a legitimate body, Lord Howe was unsure where to direct his proposals. So when he reached Sandy Hook, New Jersey, he sent a letter to Franklin, whom he addressed as “my worthy friend.” He had “hopes of being serviceable,” Howe declared, “in promoting the establishment of lasting peace and union with the colonies.”41
Franklin had the letter read to the Congress and was granted permission to reply, which he did on July 30. It was an adroit and eloquent response, one that made clear America’s determination to remain independent yet set in motion a fascinating final attempt to avert an all-out revolution.
“I received safe the letters your Lordship so kindly forwarded to me, and beg you to accept my thanks,” Franklin began with requisite civility. But his letter quickly turned heated, even resurrecting the phrase “deluge us in blood” that he had edited out of Jefferson’s draft of the Declaration:
Directing pardons to be offered to the colonies, who are the very parties injured, expresses indeed that opinion of our ignorance, baseness and insensibility which your uninformed and proud nation has long been pleased to entertain of us; but it can have no other effect than that of increasing our resentments. It is impossible we should think of submission to a government that has with the most wanton barbarity and cruelty burnt our defenseless towns in the midst of winter, excited the savages to massacre our peaceful farmers, and our slaves to murder their masters, and is even now bringing foreign mercenaries to deluge our settlements with blood.
Skillfully, however, Franklin included in his letter more than mere fury. With great sorrow and poignancy, he went on to recall how they had worked together to prevent an irreparable breach. “Long did I endeavor, with unfeigned and unwearied zeal, to preserve from breaking that fine and noble china vase, the British empire; for I knew that, being once broken, the separate parts could not retain even their share of the strength or value that existed in the whole,” he wrote. “Your Lordship may possibly remember the tears of joy that wet my cheek when, at your good sister’s in London, you once gave me expectations that a reconciliation might soon take place.”
Perhaps, Franklin intimated, peace talks could be useful. It was not likely. It would require that Howe be willing to treat Britain and America “as distinct states.” Franklin said he doubted that Howe had such authority. But if Britain wanted to make peace with an independent America, Franklin offered, “I think a treaty for that purpose is not yet quite impracticable.” He ended on a graceful personal note, declaring “the well-founded esteem and, permit me to say, affection which I shall always have for your Lordship.”42
Howe was understandably taken aback by the terms of Franklin’s response. The messenger who delivered it reported the “surprise” on his face and his comment that “his old friend had expressed himself very warmly.” When the messenger asked if he wanted to send a reply, “he declined, saying the doctor had grown too warm, and if he expressed his sentiments fully to him, he should only give him pain, which he wished to avoid.”
Howe waited two weeks, as the British outmaneuvered General Washington’s forces on Long Island, before sending a carefully worded and exceedingly polite response to his “worthy friend.” In it, the admiral admitted that he did not have the authority “to negotiate a reunion with America under any other description than as subject to the crown of Great Britain.” Nevertheless, he said, a peace was possible under terms that the Congress had laid out in its Olive Branch Petition to the king a year earlier, which included all of the colonial demands for autonomy yet still preserved some form of union under the Crown. Although he had refrained from being explicit “in my public declaration,” he now made clear that the peace he envisioned would be “of mutual interest to both countries.” In other words, America would be treated as a separate country within the framework of the empire.43
This was what Franklin had envisioned for years. Yet it was, after July 4, likely too late. Franklin now felt so. Even more fervently, John Adams and others in his radical faction felt that way. So there was much discussion and dissent within the Congress about whether Franklin should even keep the correspondence alive. Howe forced the issue by paroling a captured American general a
nd sending him to Philadelphia with an invitation for the Congress to send an unofficial delegation for talks before “a decisive blow was struck.”
Three members—Franklin, Adams, and Edward Rutledge of South Carolina—were appointed to meet with Howe to hear what he had to say. The inclusion of Adams (who had warned the Congress that, in his biographer David McCullough’s words, Howe’s messenger was “a decoy duck sent to seduce Congress into renunciation of independence”) was a safeguard that Franklin would not revert to his old peace-seeking habits.
With perhaps a hint of irony, Franklin proposed that the meeting could take place in the governor’s mansion at Perth Amboy, which had lately been vacated by his captive son, or alternatively on Staten Island. Howe chose the latter. On the way there, the committee spent the night in New Brunswick, where the inn was so full that Franklinand Adams were forced to share a bed. The result was a somewhat farcical night, recorded by Adams in his diary, which gave a delightful glimpse at Franklin’s personality and the odd-couple relationship he had over the years with Adams.
Adams was suffering from a cold, and as they went to bed he shut the small window in their room. “Oh!” said Franklin. “Don’t shut the window. We shall be suffocated.”
Adams replied that he was afraid of the evening air.
“The air within this chamber will soon be, and is indeed now, worse than that outdoors,” Franklin replied. “Come! Open the window and come to bed, and I will convince you. I believe you are not acquainted with my theory of colds.”
Adams reopened the window and “leaped into bed,” a sight that must have been worth beholding. Yes, he said, he had read Franklin’s letters (see p. 264) arguing that nobody got colds from cold air, but the theory was inconsistent with his own experience. Would Franklin please explain?
Walter Isaacson Great Innovators e-book boxed set: Steve Jobs, Benjamin Franklin, Einstein Page 108