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

Constitutional Reasoning and Colonial Rights

Franklin's argument in the excerpts hinges on the idea that the colonies, as British settlements, inherit the full protections of English law. He repeatedly uses the phrase 'as fully and amply to all intents and purposes whatsoever' to describe the jurisdiction of colonial courts, equating them with the courts of King's Bench, Common Pleas, and Exchequer. This is not mere rhetoric; he ties it to the delivery of the great seal to the governor, which he claims establishes chancery powers within the colony.

He then extends this logic to military command, asserting that the 'supreme military power' must be annexed to the office of supreme civil magistrate—the governor—and cannot be reserved to the crown or granted to a separate commander. This is a pointed argument against British policies that placed military authority outside colonial control. Franklin's reasoning is cumulative: each 'hence it is' builds a chain of legal consequences that challenge imperial oversight.

The Albany Plan and Colonial Union

The table of contents shows that this volume includes the Albany papers, where Franklin drafted a plan for colonial union in 1754. The excerpts do not reproduce the plan itself, but the surrounding context reveals its purpose: to coordinate defense and governance among the colonies while asserting their rights. Franklin's letters to Governor Shirley, also listed, address direct taxes and representation, showing his evolving thought on the relationship between colonies and Britain.

Notably, the volume contains a 'Plan for settling two Western colonies in North America, with reasons for the plan,' indicating Franklin's interest in expansion and orderly settlement. These documents position him as a practical statesman who sought to balance imperial interests with colonial autonomy. The 'Historical review of the constitution and government of Pensylvania' further demonstrates his engagement with specific provincial controversies.

Legal Precision and Political Advocacy

Franklin's writing in these excerpts is marked by precise legal terminology and a methodical structure. He cites specific sections of the habeas corpus act and discusses 'real actions' affecting land rights, showing his familiarity with English common law. His argument that appeals to the King in Council in real actions are not legally justified is a direct challenge to imperial judicial authority.

He also addresses the issue of removing subjects from their 'legal resiancy' for trial, which he calls contrary to the 'spirit and intent' of the habeas corpus act. This concern for due process and local jurisdiction reflects a broader anxiety about arbitrary power. Franklin's tone is that of a lawyer making a case, not a revolutionary; he works within the framework of British law to defend colonial rights.

Readers approaching this volume should be prepared for dense legal prose and a cumulative argumentative style. Franklin's method is to establish principles from precedent and then apply them to specific grievances. The excerpts offer a window into the legal mind of a founder who believed that the colonies' rights were grounded in English law, not abstract philosophy. This is not a narrative history but a collection of documents that reward careful reading.

Paging through these colonial legal arguments, I recalled sitting with the first volume on my grandfather’s porch, where Franklin’s world felt vast yet intimate. That earlier collection stirred the same quiet ache—not for answers, but for the patient sound of a mind reasoning aloud. The Complete Works in Philosophy, Politics and Morals of the late Dr. Benjamin Franklin, Vol. 1 [of 3] — Background and Themes lingers like a familiar echo.