Memoirs of Benjamin Franklin; Written by Himself. [Vol. 2 of 2]

ON SMUGGLING, AND ITS VARIOUS SPECIES

Sir, – There are many people that would be thought, and even think themselves, honest men, who fail nevertheless in particular points of honesty; deviating from that character sometimes by the prevalence of mode or custom, and sometimes through mere inattention, so that their honesty is partial only, and not general or universal. Thus one who would scorn to overreach you in a bargain, shall make no scruple of tricking you a little now and then at cards: another, that plays with the utmost fairness, shall with great freedom cheat you in the sale of a horse. But there is no kind of dishonesty into which otherwise good people more easily and frequently fall, than that of defrauding government of its revenues by smuggling when they have an opportunity, or encouraging smugglers by buying their goods.

I fell into these reflections the other day, on hearing two gentlemen of reputation discoursing about a small estate, which one of them was inclined to sell and the other to buy; when the seller, in recommending the place, remarked, that its situation was very advantageous on this account, that, being on the seacoast in a smuggling country, one had frequent opportunities of buying many of the expensive articles used in a family (such as tea, coffee, chocolate, brandy, wines, cambrics, Brussels laces, French silks, and all kinds of India goods) 20, 30, and, in some articles, 50 per cent. cheaper than they could be had in the more interior parts, of traders that paid duty. The other honest gentleman allowed this to be an advantage, but insisted that the seller, in the advanced price he demanded on that account, rated the advantage much above its value. And neither of them seemed to think dealing with smugglers a practice that an honest man (provided he got his goods cheap) had the least reason to be ashamed of.

At a time when the load of our public debt, and the heavy expense of maintaining our fleets and armies to be ready for our defence on occasion, makes it necessary not only to continue old taxes, but often to look out for new ones, perhaps it may not be unuseful to state this matter in a light that few seem to have considered it in.

The people of Great Britain, under the happy constitution of this country, have a privilege few other countries enjoy, that of choosing the third branch of the legislature, which branch has alone the power of regulating their taxes. Now, whenever the government finds it necessary for the common benefit, advantage, and safety of the nation, for the security of our liberties, property, religion, and everything that is dear to us, that certain sums shall be yearly raised by taxes, duties, &c., and paid into the public treasury, thence to be dispensed by government for those purposes, ought not every honest man freely and willingly to pay his just proportion of this necessary expense? Can he possibly preserve a right to that character, if by fraud, stratagem, or contrivance, he avoids that payment in whole or in part?

What should we think of a companion who, having supped with his friends at a tavern, and partaken equally of the joys of the evening with the rest of us, would nevertheless contrive by some artifice to shift his share of the reckoning upon others, in order to go off scot-free? If a man who practised this would, when detected, be deemed and called a scoundrel, what ought he to be called who can enjoy all the inestimable benefits of public society, and yet, by smuggling or dealing with smugglers, contrive to evade paying his just share of the expense, as settled by his own representatives in parliament, and wrongfully throw it upon his honest and, perhaps, much poorer neighbours? He will, perhaps, be ready to tell me that he does not wrong his neighbours; he scorns the imputation; he only cheats the king a little, who is very able to bear it. This, however, is a mistake. The public treasure is the treasure of the nation, to be applied to national purposes. And when a duty is laid for a particular public and necessary purpose, if, through smuggling, that duty falls short of raising the sum required, and other duties must therefore be laid to make up the deficiency, all the additional sum laid by the new duties and paid by other people, though it should amount to no more than a halfpenny or a farthing per head, is so much actually picked out of the pockets of those other people by the smugglers and their abettors and encouragers. Are they, then, any better or other than pickpockets? and what mean, low, rascally pickpockets must those be that can pick pockets for halfpence and for farthings?

I would not, however, be supposed to allow, in what I have just said, that cheating the king is a less offence against honesty than cheating the public. The king and the public, in this case, are different names for the same thing; but if we consider the king distinctly it will not lessen the crime: it is no justification of a robbery, that the person robbed was rich and able to bear it. The king has as much right to justice as the meanest of his subjects; and as he is truly the common father of his people, those that rob him fall under the Scripture we pronounced against the son that robbeth his father and saith it is no sin.

Mean as this practice is, do we not daily see people of character and fortune engaged in it for trifling advantages to themselves? Is any lady ashamed to request of a gentleman of her acquaintance, that, when he returns from abroad, he would smuggle her home a piece of silk or lace from France or Flanders? Is any gentleman ashamed to undertake and execute the commission? Not in the least. They will talk of it freely, even before others whose pockets they are thus contriving to pick by this piece of knavery.

Among other branches of the revenue, that of the post office is, by a late law, appropriated to the discharge of our public debt, to defray the expenses of the state. None but members of parliament and a few public officers have now a right to avoid, by a frank, the payment of postage. When any letter, not written by them or on their business, is franked by any of them, it is a hurt to the revenue, an injury which they must now take the pains to conceal by writing the whole superscription themselves. And yet such is our insensibility to justice in this particular, that nothing is more common than to see, even in a reputable company, a very honest gentleman or lady declare his or her intention to cheat the nation of threepence by a frank, and, without blushing, apply to one of the very legislators themselves, with a modest request that he would be pleased to become an accomplice in the crime and assist in the perpetration.

There are those who, by these practices, take a great deal in a year out of the public purse, and put the money into their own private pockets. If, passing through a room where public treasure is deposited, a man takes the opportunity of clandestinely pocketing and carrying off a guinea, is he not truly and properly a thief? And if another evades paying into the treasury a guinea he ought to pay in, and applies it to his own use, when he knows it belongs to the public as much as that which has been paid in, what difference is there in the nature of the crime or the baseness of committing it?

REMARKS CONCERNING THE SAVAGES OF NORTH AMERICA

Savages we call them, because their manners differ from ours, which we think the perfection of civility; they think the same of theirs.

Perhaps, if we could examine the manners of different nations with impartiality, we should find no people so rude as to be without any rules of politeness, nor any so polite as not to have some remains of rudeness.

The Indian men, when young, are hunters and warriors; when old, counsellors; for all their government is by the council or advice of the sages. There is no force, there are no prisons, no officers to compel obedience or inflict punishment. Hence they generally study oratory, the best speaker having the most influence. The Indian women till the ground, dress the food, nurse and bring up the children, and preserve and hand down to posterity the memory of public transactions. These employments of men and women are accounted natural and honourable. Having few artificial wants, they have abundance of leisure for improvement by conversation. Our laborious manner of life, compared with theirs, they esteem slavish and base; and the learning on which we value ourselves, they regard as frivolous and useless. An instance of this occurred at the treaty of Lancaster, in Pennsylvania, anno 1744, between the government of Virginia and the Six Nations. After the principal business was settled, the commissioners from Virginia acquainted the Indians, by a speech, that there was at Williamsburgh a college, with a fund for educating Indian youth; and that, if the chiefs of the Six Nations would send down half a dozen of their sons to that college, the government would take care that they should be well provided for, and instructed in all the learning of the white people. It is one of the Indian rules of politeness not to answer a public proposition the same day that it is made; they think it would be treating it as a light matter, and that they show it respect by taking time to consider it, as of a matter important. They therefore deferred their answer till the day following, when their speaker began by expressing their deep sense of the kindness of the Virginia government in making them that offer; "for we know," says he, "that you highly esteem the kind of learning taught in those colleges, and that the maintenance of our young men, while with you, would be very expensive to you. We are convinced, therefore, that you mean to do us good by your proposal; and we thank you heartily. But you, who are wise, must know that different nations have different conceptions of things; and you will therefore not take it amiss if our ideas of this kind of education happen not to be the same with yours. We have had some experience of it: several of our young people were formerly brought up at the colleges of the northern provinces; they were instructed in all your sciences; but when they came back to us, they were bad runners, ignorant of every means of living in the woods, unable to bear either cold or hunger, knew neither how to build a cabin, take a deer, nor kill an enemy, spoke our language imperfectly, were therefore neither fit for hunters, warriors, nor counsellors; they were totally good for nothing. We are, however, not the less obliged by your kind offer, though we decline accepting it; and, to show our grateful sense of it, if the gentlemen of Virginia will send us a dozen of their sons, we will take great care of their education, instruct them in all we know, and make men of them."

Having frequent occasions to hold public councils, they have acquired great order and decency in conducting them. The old men sit in the foremost ranks, the warriors in the next, and the women and children in the hindmost. The business of the women is to take exact notice of what passes, imprint it in their memories, for they have no writing, and communicate it to their children. They are the records of the council, and they preserve the tradition of the stipulations in treaties a hundred years back; which, when we compare with our writings, we always find exact. He that would speak, rises. The rest observe a profound silence. When he has finished and sits down, they leave him five or six minutes to recollect, that, if he has omitted anything he intended to say, or has anything to add, he may rise again and deliver it. To interrupt another, even in common conversation, is reckoned highly indecent. How different this is from the conduct of a polite British House of Commons, where scarce a day passes without some confusion that makes the speaker hoarse in calling to order; and how different from the mode of conversation in many polite companies of Europe, where, if you do not deliver your sentence with great rapidity, you are cut off in the middle of it by the impatient loquacity of those you converse with, and never suffered to finish it!

The politeness of these savages in conversation is indeed carried to excess, since it does not permit them to contradict or deny the truth of what is asserted in their presence. By this means they indeed avoid disputes, but then it becomes difficult to know their minds, or what impression you make upon them. The missionaries who have attempted to convert them to Christianity all complain of this as one of the great difficulties of their mission. The Indians hear with patience the truths of the gospel explained to them, and give their usual tokens of assent and approbation: you would think they were convinced. No such matter. It is mere civility.

A Swedish minister, having assembled the chiefs of the Susquehanna Indians, made a sermon to them, acquainting them with the principal historical facts on which our religion is founded; such as the fall of our first parents by eating an apple; the coming of Christ to repair the mischief; his miracles and sufferings, &c. When he had finished, an Indian orator stood up to thank him. "What you have told us," says he, "is all very good. We are much obliged by your kindness in coming so far to tell us those things which you have heard from your mothers. In return, I will tell you some of those we have heard from ours.

"In the beginning, our fathers had only the flesh of animals to subsist on, and if their hunting was unsuccessful, they were starving. Two of our young hunters, having killed a deer, made a fire in the woods to broil some parts of it. When they were about to satisfy their hunger, they beheld a beautiful young woman descend from the clouds, and seat herself on that hill which you see yonder among the Blue Mountains. They said to each other, it is a spirit that perhaps has smelt our broiling venison, and wishes to eat of it: let us offer some to her. They presented her with the tongue: she was pleased with the taste of it, and said, Your kindness shall be rewarded; come to this place after thirteen moons, and you shall find something that will be of great benefit in nourishing you and your children to the latest generations. They did so, and, to their surprise, found plants they had never seen before, but which, from that ancient time, have been constantly cultivated among us, to our great advantage. Where her right hand had touched the ground, they found maize; where her left hand had touched it, they found kidney-beans; and where she had sat on it, they found tobacco." The good missionary, disgusted with this idle tale, said, "What I delivered to you were sacred truths, but what you tell me is mere fable, fiction, and falsehood." The Indian, offended, replied, "My brother, it seems your friends have not done you justice in your education; they have not well instructed you in the rules of common civility. You saw that we, who understand and practise those rules, believed all your stories; why do you refuse to believe ours?"

When any of them come into our towns, our people are apt to crowd around them, gaze upon them, and incommode them where they desire to be private; this they esteem great rudeness, and the effect of the want of instruction in the rules of civility and good manners. "We have," say they "as much curiosity as you; and when you come into our towns, we wish for opportunities of looking at you; but for this purpose, we hide ourselves behind bushes, where you are to pass, and never intrude ourselves into your company."

Their manner of entering one another's villages has likewise its rules. It is reckoned uncivil in travelling strangers to enter a village abruptly, without giving notice of their approach. Therefore, as soon as they arrive within hearing, they stop and halloo, remaining there till invited to enter. Two old men usually come out to them and lead them in. There is in every village a vacant dwelling called the strangers' house. Here they are placed, while the old men go round from hut to hut, acquainting the inhabitants that strangers are arrived, who are probably hungry and weary; and every one sends them what he can spare of victuals, and skins to repose on. When the strangers are refreshed, pipes and tobacco are brought, and then, but not before, conversation begins, with inquiries who they are, whither bound, what news, &c., and it usually ends with offers of service if the strangers have occasion for guides, or any necessaries for continuing their journey; and nothing is exacted for the entertainment.

ON FREEDOM OF SPEECH AND THE PRESS

Freedom of speech is a principal pillar of a free government: when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins. Republics and limited monarchies derive their strength and vigour from a popular examination into the actions of the magistrates; this privilege, in all ages, has been, and always will be, abused. The best of men could not escape the censure and envy of the times they lived in. Yet this evil is not so great as it may appear at first sight. A magistrate who sincerely aims at the good of society will always have the inclinations of a great majority on his side, and an impartial posterity will not fail to render him justice.

Those abuses of the freedom of speech are the exercises of liberty. They ought to be repressed; but to whom dare we commit the care of doing it? An evil magistrate, intrusted with power to punish for words, would be armed with a weapon the most destructive and terrible. Under pretence of pruning off the exuberant branches, he would be apt to destroy the tree.

It is certain that he who robs another of his moral reputation, more richly merits a gibbet than if he had plundered him of his purse on the highway. Augustus Cæsar, under the specious pretext of preserving the character of the Romans from defamation, introduced the law whereby libelling was involved in the penalties of treason against the state. This law established his tyranny; and for one mischief which it prevented, ten thousand evils, horrible and afflicting, sprung up in its place. Thenceforward every person's life and fortune depended on the vile breath of informers. The construction of words being arbitrary, and left to the decision of the judges, no man could write or open his mouth without being in danger of forfeiting his head.

One was put to death for inserting in his history the praises of Brutus. Another for styling Cassius the last of the Romans. Caligula valued himself for being a notable dancer; and to deny that he excelled in that manly accomplishment was high treason. This emperor raised his horse, the name of which was Incitatus, to the dignity of consul; and though history is silent, I do not question but it was a capital crime to show the least contempt for that high officer of state! Suppose, then, any one had called the prime minister a stupid animal, the emperor's council might argue that the malice of the libel was the more aggravated by its being true, and, consequently, more likely to excite the family of this illustrious magistrate to a breach of the peace or to acts of revenge. Such a prosecution would to us appear ridiculous; yet, if we may rely upon tradition, there have been formerly proconsuls in America, though of more malicious dispositions, hardly superior in understanding to the consul Incitatus, and who would have thought themselves libelled to be called by their proper names.

Nero piqued himself on his fine voice and skill in music: no doubt a laudable ambition! He performed in public, and carried the prize of excellence. It was afterward resolved by all the judges as good law, that whosoever would insinuate the least doubt of Nero's pre-eminence in the noble art of fiddling ought to be deemed a traitor to the state.

By the help of inferences and innuendoes, treasons multiplied in a prodigious manner. Grief was treason: a lady of noble birth was put to death for bewailing the death of her murdered son: silence was declared an overt act to prove the treasonable purposes of the heart: looks were construed into treason: a serene, open aspect was an evidence that the person was pleased with the calamities that befel the emperor: a severe, thoughtful countenance was urged against the man that wore it as a proof of his plotting against the state: dreams were often made capital offences. A new species of informers went about Rome, insinuating themselves into all companies to fish out their dreams, which the priests (oh nefarious wickedness!) interpreted into high treason. The Romans were so terrified by this strange method of juridical and penal process, that, far from discovering their dreams, they durst not own that they slept. In this terrible situation, when every one had so much cause to fear, even fear itself was made a crime. Caligula, when he put his brother to death, gave it as a reason to the Senate that the youth was afraid of being murdered. To be eminent in any virtue, either civil or military, was the greatest crime a man could be guilty of. O virtutes certissemum exitium.⁴

These were some of the effects of the Roman law against libelling: those of the British kings that aimed at despotic power or the oppression of the subject, continually encouraged prosecutions for words.

Henry VII., a prince mighty in politics, procured that act to be passed whereby the jurisdiction of the Star Chamber was confirmed and extended. Afterward Empson and Dudley, two voracious dogs of prey, under the protection of this high court, exercised the most merciless acts of oppression. The subjects were terrified from uttering their griefs while they saw the thunder of the Star Chamber pointed at their heads. This caution, however, could not prevent several dangerous tumults and insurrections; for when the tongues of the people are restrained, they commonly discharge their resentments by a more dangerous organ, and break out into open acts of violence.

During the reign of Henry VIII., a high-spirited monarch! every light expression which happened to displease him was construed by his supple judges into a libel, and sometimes extended to high treason. When Queen Mary, of cruel memory, ascended the throne, the Parliament, in order to raise a fence against the violent prosecutions for words, which had rendered the lives, liberties, and properties of all men precarious, and, perhaps, dreading the furious persecuting spirit of this princess, passed an act whereby it was declared, "That if a libeller doth go so high as to libel against king or queen by denunciation, the judges shall lay no greater fine on him than one hundred pounds, with two months' imprisonment, and no corporeal punishment: neither was this sentence to be passed on him except the accusation was fully proved by two witnesses, who were to produce a certificate of their good demeanour for the credit of their report."

This act was confirmed by another, in the seventh year of the reign of Queen Elizabeth; only the penalties were heightened to two hundred pounds and three months' imprisonment. Notwithstanding she rarely punished invectives, though the malice of the papists was indefatigable in blackening the brightest characters with the most impudent falsehoods, she was often heard to applaud that rescript of Theodosius. If any person spoke ill of the emperor through a foolish rashness and inadvertence, it is to be despised; if out of madness, it deserves pity; if from malice and aversion, it calls for mercy.

Her successor, King James I., was a prince of a quite different genius and disposition; he used to say, that while he had the power of making judges and bishops, he could have what law and gospel he pleased. Accordingly, he filled those places with such as prostituted their professions to his notions of prerogative. Among this number, and I hope it is no discredit to the profession of the law, its great oracle, Sir Edward Coke, appears. The Star Chamber, which in the time of Elizabeth had gained a good repute, became an intolerable grievance in the reign of this learned monarch.

But it did not arrive at its meridian altitude till Charles I. began to wield the sceptre. As he had formed a design to lay aside parliaments and subvert the popular part of the constitution, he very well knew that the form of government could not be altered without laying a restraint on freedom of speech and the liberty of the press: therefore he issued his royal mandate, under the great seal of England, whereby he commanded his subjects, under pain of his displeasure, not to prescribe to him any time for parliaments. Lord Clarendon, upon this occasion, is pleased to write, "That all men took themselves to be prohibited, under the penalty of censure (the censure of the Star Chamber), which few men cared to incur, so much as to speak of parliaments, or so much as to mention that parliaments were again to be called."

The king's ministers, to let the nation see they were absolutely determined to suppress all freedom of speech, caused a prosecution to be carried on by the attorney general against three members of the House of Commons, for words spoken in that house, Anno 1628. The members pleaded to the information, that expressions in parliament ought only to be examined and punished there. This notwithstanding, they were all three condemned as disturbers of the state; one of these gentlemen, Sir John Eliot, was fined two thousand pounds, and sentenced to lie in prison till it was paid. His lady was denied admittance to him, even during his sickness; consequently, his punishment comprehended an additional sentence of divorce. This patriot, having endured many years imprisonment, sunk under the oppression, and died in prison: this was such a wound to the authority and rights of Parliament that, even after the restoration, the judgment was revered by Parliament.

That Englishmen of all ranks might be effectually intimidated from publishing their thoughts on any subject, except on the side of the court, his majesty's ministers caused an information, for several libels, to be exhibited in the Star Chamber against Messrs. Prynn, Burton, and Bastwick. They were each of them fined five thousand pounds, and adjudged to lose their ears on the pillory, to be branded on the cheeks with hot irons, and to suffer perpetual imprisonment! Thus these three gentlemen, each of worth and quality in their several professions, viz., divinity, law, and physic, were, for no other offence than writing on controverted points of church government, exposed on public scaffolds, and stigmatized and mutilated as common signal rogues or the most ordinary malefactors.

Such corporeal punishments, inflicted with all the circumstances of cruelty and infamy, bound down all other gentlemen under a servile fear of like treatment; so that, for several years, no one durst publicly speak or write in defence of the liberties of the people; which the king's ministers, his privy council, and his judges, had trampled under their feet. The spirit of the administration looked hideous and dreadful; the hate and resentment which the people conceived against it, for a long time lay smothered in their breasts, where those passions festered and grew venomous, and at last discharged themselves by an armed and vindictive hand.

King Charles II. aimed at the subversion of the government, but concealed his designs under a deep hypocrisy: a method which his predecessor, in the beginning of his reign, scorned to make use of. The father, who affected a high and rigid gravity, discountenanced all barefaced immorality. The son, of a gay, luxurious disposition, openly encouraged it: thus their inclinations being different, the restraint laid on some authors, and the encouragement given to others, were managed after a different manner.

In this reign a licenser was appointed for the stage and the press; no plays were encouraged but what had a tendency to debase the minds of the people. The original design of comedy was perverted; it appeared in all the shocking circumstances of immodest double entendre, obscure description, and lewd representation. Religion was sneered out of countenance, and public spirit ridiculed as an awkward oldfashioned virtue; the fine gentleman of the comedy, though embroidered over with wit, was a consummate debauchee; and a fine lady, though set off with a brilliant imagination, was an impudent coquette. Satire, which in the hands of Horace, Juvenal, and Boileau, was pointed with a generous resentment against vice, now became the declared foe of virtue and innocence. As the city of London, in all ages, as well as the time we are now speaking of, was remarkable for its opposition to arbitrary power, the poets levelled all their artillery against the metropolis, in order to bring the citizens into contempt: an alderman was never introduced on the theatre but under the complicated character of a sneaking, canting hypocrite, a miser, and a cuckold; while the court-wits, with impunity, libelled the most valuable part of the nation. Other writers, of a different stamp, with great learning and gravity, endeavoured to prove to the English people that slavery was jure divino.⁵ Thus the stage and the press, under the direction of a licenser, became battering engines against religion, virtue, and liberty. Those who had courage enough to write in their defence, were stigmatized as schismatics, and punished as disturbers of the government.

But when the embargo on wit was taken off, Sir Richard Steel and Mr. Addison soon rescued the stage from the load of impurity it laboured under with an inimitable address, they strongly recommended to our imitation the most amiable, rational manly characters; and this with so much success that I cannot suppose there is any reader to-day conversant in the writings of those gentlemen, that can taste with any tolerable relish the comedies of the once admired Shadwell. Vice was obliged to retire and give place to virtue: this will always be the consequence when truth has fair play: falsehood only dreads the attack, and cries out for auxiliaries: the truth never fears the encounter: she scorns the aid of the secular arm, and triumphs by her natural strength.