IRLF CO CJT; GIFT OF 1913 A RECALL OF BENJAMIN FRANKLIN AN ADDRESS BY THE HON. JOSEPH BUFFINGTON, LLD. Judge of the Third Circuit Court of the United States DELIVERED AT LANCASTER, PA., ON JUNE 12, 1912, BEFORE THETA CHAPTER OF PENNSYLVANIA OF THE PHI BETA KAPPA SOCIETY, IN CONNECTION WITH FRANKLIN AND MARSHALL COLLEGE fRESS OF (HI NEW ERA PRINTING COMPArtf A RECALL OF BENJAMIN FRANKLIN AN ADDRESS BY THE HON. JOSEPH BUFFINGTON, LLD. Judge of the Third Circuit Court of the United States DELIVERED AT LANCASTER, PA., ON JUNE 12, 1912, BEFORE THETA CHAPTER OF PENNSYLVANIA OF THE PHI BETA KAPPA SOCIETY, IN CONNECTION WITH FRANKLIN AND MARSHALL COLLEGE COM** IMENTS OF THPTA CHAPTER OF PENNSYLVANIA. P& BETA KAPPA IETY !N CONNECTION WITH ;LIN PARY. A RECALL OF BENJAMIN FRANKLIN. HON. JOSEPH BUFFINGTON. The greatest romance of the new world is the actual life of Benjamin Franklin, for that life was the dream of new world possibilities reduced to reality. A seventeen-year-old appren tice ; a runaway from a colony where he was too well known to longer remain; a penniless stranger in another where he started his life anew without acquaintances, friends or influ ence; an unaided maker of fame and fortune for himself at forty-two years of age; a man of tremendous executive capac ity and money-amassing possibilities, he retired at that age on a fair competence and became a contemplative philosopher; thenceforth the giver of his life to the lives of his fellow men the energizing magnet around which all the altruism of the most free-thought community in America centered. The corner-stone layer of that colonial union on which many claim the nation was subsequently built. A scientist whom the world recognized and revered. The first great teacher through the press of practical life its habits, its sanity, and its econ omies. An inventor of things that pertain to the necessities of life, who refused to lay fhe~ tribute of monopoly therefor upon his fellows. At fifty-one the solitary representative, in the alien and indifferent atmosphere of England, of colonial rights. A lonely prophet in an old world ignorant of the fu ture of an unknown new world. At seventy, a signer of our Declaration of Independence. At seventy-two the all-power ful advocate of weak and struggling colonies in the imperial 3 257204 4 A Recall of Benjamin Franklin. court of France. At seventy-seven, a far-seeing maker and signatory to the Treaty of Paris. At eighty-one, a maker of our Constitution neighbor, publicist, author, teacher, scien tist, prophet, humanist, philosopher, humanitarian, patriot and statesman. His story reads like the fantasies of a ro mance, but its truth outvies fiction. It has been well said: " Great men need not that we praise them ; the need is ours that we know them." And in that spirit of turning our thoughts to and drawing a lesson from the life of one of the world s great, I ask you to join with me to-night in a brief re call of Benjamin Franklin. Great he was. Great he has been for a century and great the future will hold him. The world does not deceive itself. It takes a really great man to be a great man. It takes such a man to remain great to the end of his life; but if the man is great and proves himself great to the close of his life, posterity will as distance comes turn with deeper reverence to a greatness that instead of disappearing with time is only more clearly outlined. And it is this great ness of the passing years that makes the recall of the really great the Franklins, the Washingtons and the Lincolns so profitable. The world recognizes too that greatness is a growth. Mere notoriety, like a gourd, may spring up in a night, but national reverence of a man s character is a thing of years. Like an oak it is not of a night, but is the gathering, silent, insistent call of a contemplative century. For when the world has looked up to one of its leaders as an oak tower ing high and rooted deep, and when like that oak that great man has weathered the gale of a century s criticism and cynicism, and the century s end still finds his name at the head of the roll call of its immortals, there can be no doubt that its verdict is just. Such has been the case with Franklin. Time and distance, instead of lessening his figure, have but served to make it loom larger, not only 011 the horizon of his native land, but in lands beyond the sea. The fathers of your college, with prophetic eye, evidenced their faith in Franklin by giving for all time his name to the college they founded and A Recall of Benjamin Franklin. 5 time has vindicated their judgment. It therefore seems fit ting, on this one hundred and twenty-fifth anniversary, that one should choose for his theme a recall of the man. And in another way Franklin is peculiarly connected with this Phi Beta Kappa occasion, for no man was so much as he a living embodiment of that helpful motto of our great society Philos- ophia Biou Kubernetes Philosophy the Pilot of Life. No man s life can be really known without a just estimate of the influence upon it of those potent factors, heredity and environment. As seed, soil and sunshine are to plant life, so in human life we find in heredity the seed, and in environ ment the soil and sunshine that determine the fruitage. It was Oliver Wendell Holmes, I think, who said: " The educa tion of a child begins two hundred and fifty years before it is born." It follows, therefore, that he who takes the mere inci dent of Franklin s New England birth as the keynote of his life has omitted from his data the factors of a just estimate. The truth is that Franklin was neither a Massachusetts nor a Pennsylvania man. He was essentially a Briton, but a Briton modified by colonial environment. In a letter ad dressed to Lord Kames, in the early sixties, he himself says : " No man can more sincerely rejoice than I do on the reduc tion of Canada ; and this is not merely as I am a colonist but as I am a Briton. I have long been of opinion that the founda tions of the future grandeur and stability of the British Em pire lie in America." Josiah Franklin, the father of Benjamin, was an English man, who emigrated to America at mature age and it is an interesting fact to know that within a few miles of where George Washington s ancestors lived in England the Frank lins also dwelt. Here for generations, father and son, Frank lin after Franklin, had been blacksmiths. Have you ever thought what a seventeenth century roadside smith was in England ? Let me tell you. He was the best posted man in all his county as to what the other counties of England were and what they were doing. Though his shop might be modest, 6 A Recall of Benjamin Franklin. his face begrimed and his book-learning scant, he was in the forefront bench of the classes in the working university of life. Travel in those days was not indulged in by many. It was only the rare few who ever got outside their own neighbor hood, but the comparatively few who did were the most pro gressive men of England and to the smith s shop they all in their journey came and had to come and the smith met them there. The learned, the wealthy, the powerful, the adventur ous; all who traveled from home had to come to the smith s forge and as he fastened the loose shoes of their horses these travelers left with the smith some of their news and views and the smith in turn gave them his own. From them he gained for his neighbors the news from the rest of England and in re turn through these travelers he gave to the rest of England the news of his own vicinage. He was the real genesis of the mail, the newsletter, the telegraph, the newspaper of to-day, for all these are but as the grimy smith then was, the world s means of knowing what the rest of the world is doing. In the democracy of his shop the smith learned to stand unabashed before the great men with whom he was thrown in contact and he gathered from them the lesson that when they came to his shop he was the peer of the greatest, for his brain and hand and skill were necessary to enable wealth and power, learning and pleasure to journey onward. The smith s shop was a kindergarten of democracy. But he was more than a mere news purveyor, for in the smith s work we have the germ of that quick, decisive initiative that is the keynote of the world s modern progress. Other artisans, the weaver, the carpenter, the stone cutter, the cobbler, might pause in their work to plan and think out the next step, but the smith, when the iron was hot, must, then instantly and then only, strike true and strike hard. So, too, in that subtlest of work, the tempering of his metals, he must think deeply and observe closely the effect of the great laws of nature, the chilling, the tempering, and treating of metal by the primary elements of heat and cold. Sudden and slow chilling, the use of oils and water for tempers A Recall of Benjamin Franklin. 7 and the many thermo-chemical problems that to-day puzzle the brain of great metallurgists. It is no fanciful picture that sees in this long line of thoughtful, sucessful, sturdy, English blacksmiths, keenly alive to the events of the day, mixers alike with the great and the lowly, students of nature s laws, prac tical in the fruitage of their work, the prototype of the smith s descendant. I It is no fancy to say that in this long and sturdy line of Saxon Franklins that our own Benj amin was then being fitted to be in touch with the common folk and to know their lives and to stand unabashed before kings. It is no imagina tion that he had a heritage that naturally led to a study of the great laws of nature. No fancy that the forge of the Eng lish roadside smith produced a colonial Franklin stove in uni versal use, the best drawing chimney of his day, the man who, when the time came to strike, did so and who drove his blows quick and hard. Such was the heritage from his British fath ers, of this man who, at fifty-four years of age, called himself, as we have seen, a Briton, and who regarded America as the seat of England s empire. And what the heritage from his mother? She was the daughter of Captain Peter Folger, another British emigrant. From them Franklin inherited a blood of toleration that made him intolerant of ISTew England s intolerance. Of Peter Folger, Parton wrote : " He was one of the few early settlers of Massachusetts who felt the iniquity of persecuting the Baptists and Quakers for opinion s sake and he lifted his voice against that vulgar heathenism. It was in the dark era of 1676 when Quakers and Baptists were still in peril of being publicly whipped, branded and banished into the wilderness that honest Peter Folger wrote his good doggerel poem, A Looking Glass of the Times/ in which those outrages were pronounced to be the sin of New England for which a just God was visiting her with Indian Wars and massacres. Dr. Franklin was proud to reckon among his progenitors a man capable of thus rebuking his generation and he quoted some of Peter Folger s roughest words with approbation." It was 8 A Recall of Benjamin Franklin. this inherited spirit of intolerance, this sacred right in sacred things, of each man to think out for himself the great problem of his relations to God that made Franklin begin to feel he was out of place in New England. Indeed, we learn that as a lad of seventeen he was " a little obnoxious to the growing party " and that " his indiscreet disputations about religion " had come to be " pointed out with horror by good people and as infidel and atheist." Franklin s father meant him to be a clergyman, writing, he had resolved to devote him " as a tithe of his sons to the service of the church. 7 I speak in no disre spectful words of this noble purpose, but one cannot refrain from a sense of the incongruous when we picture Franklin forcing his unorthodox breadth of view into the narrow spirit ual horizon of an orthodox New England clergyman of that day. Splendid as such a clergyman s work was in many ways, it is clear that Franklin s mind and Franklin s soul would have dwarfed and dwindled in the narrow localism of the New England theocracy of that day. He was meant for hu manity and not for New England and Providence led him away from his birthplace to a life place that could better fit him for that work. His restive spirit was out of sympathy with the religious life around him. His inherited love of freedom of thought for others claimed a like right of thought-freedom for himself. The New England religious life in which he found himself was essentially self-centered and the working out of one s own salvation its keynote. And just as in a different form the selfish, self-centered monanticism of an earlier age had driven Luther to the broader altruism of looking out for the future of others besides himself so it is just as clear that- the broad visioned, free thinking, altruistic work of one like Franklin, who afterwards said that, " the highest form of worship is service to man," lay elsewhere than in his birth place. Let us turn then from that birthplace, where to him the times were out of joint, to the environment which wel comed him as a footsore, friendless and hungry lad of seven teen and in which after the world had showered its highest A Recall of Benjamin Franklin. 9 honors upon him his body was laid to rest and remaineth unto this day. When young Franklin left Massachusetts I ask the candid reader of history to tell me to what colony could he turn save to those tolerant Quakers against whose persecution his sturdy grandfather Folger had dared to raise a solitary voice of pro test. The colony of William Penn was above all others in the new world a place where freedom of thought and freedom of speech were as free as free men could make them. In that col ony there was actual liberty to worship God according to the dictates of one s own conscience. That liberty and the con science and the freedom were meant not only for the founders race and church but equally for men of all other races and all other churches. That colony was in unique contrast to each and all of its sisters. Each of them had been substantially the outgrowth of a single race and a single religion and it is no reflection on any of those races or religions to say, what every truthful historian recognizes, that where any race, and especially where any one religion, has the power of monopoly, it rarely, if ever, fails to exert it. In the seventy odd years that had passed since American colonization had its begin ning in the settlement at Jamestown, the Quakers had learned the lesson in their experience both in European despotism and American freedom, so-called, that all types of religion which were dominant in those European countries and the American colonies, however they differed in dogma or practice, united in one common universal fact, that they were all solidly united as members of a church militant when it came to handling Quakers. The Quaker had suffered from persecu tion by them all, but with a vastness of generosity and with a liberality then unknown in the religious world, William Penn caught the over-looked spirit of a Master s love that " beareth all things, believeth all things, hopeth all things and endureth all things," and opened up his colony without reservation to all races and to all religions. " Come unto me all ye that labor and are heavy laden and I will give you rest. 7 And so it came 10 A Recall of Benjamin Franklin. that when William Penn set foot on the banks of the Delaware, he then and there for the first time dedicated and consecrated to real freedom of thought American soil as it had never been dedicated before. When the real history of the founders of the American colonies shall be written it will be found that in broadminded outlook, in the catholicity of humanity, in just appreciation of the rights of all men, there was no founder on the American coast to compare with William Penn. The heart of humanity everywhere instantly responded to the gen erous spirit of the Quaker s invitation. The English, the Welsh, the Irish, the German, the Dutch, the Scotch all re sponded as none of these races had ever done in the case of any other colony. Whole communities of the old world were depopulated to create replicas of the old mother land in the several counties of Pennsylvania. And so it was not only in races but in religions also. The church of Rome, the church of England, the follower of Luther, the adherent of Calvin, the Moravian, the Dunkard, men of all religions and men of no religion, found for the first time under God s sky and on American soil what real religious freedom actually was. It is a noteworthy fact that no colony had up to that time at tracted the mighty trecking of those two great strains of strong blood, the German and the Scotch, a movement that made whole sections of Pennsylvania, another Germany and Scotland, as did this invitation of Penn. There could be no doubt that such a colony, whose cornerstone was that freedom of thought which other colonial builders had rejected, would foster intel lectual growth and progress of every kind. In this colonial atmosphere of tolerance, art, science, learning rooted and ripened until Pennsylvania became the thought-leader among the colonies. The intellectual as well as the topographical key stone and cornerstone of the nation. Her medical schools were the foremost in the colonies and attracted students from all others. Indeed, the advance of medicine and its kindred branch of chemistry can be shown by the fact that when one of the oldest of New England colleges took the then novel step of A Recall of Benjamin Franklin. ^11 teaching chemistry it had to send Benjamin Silliman to Phila delphia for a year s study, as the only place in America where he could acquire such knowledge. And thus it came about that the first hospital in America was established there and Pennsylvania s metropolis and then capital assumed the novel duty of cleaning the streets, a pioneer step in which we find the beginning of that great field of municipal hygiene and sanitation that to-day is the most serious duty of municipal life, a step whose progressive influence has crossed the seas to drive yellow fever from Havana and Manilla and made pos sible the Panama Canal. Time permits me but to suggest to your minds the many evidences of the progressive life of colonial Pennsylvania that may be studied by anyone inter ested in that subject. In our own profession the phrase, " a Philadelphia lawyer," became proverbial all over the land and a tolerant community is wont to produce great men in the law and the broad atmosphere of freedom the Pennsylvania lawyer imbibed is best shown by the fact that when that great question of jury right arose in the neighboring colony of New York where the judges who were then under the power of re call by the king sought to control free speech by holding that a crown-chosen judge but not the jury could pass on the libel lous character of publications aimed at the sovereignty on which the judge s tenure depended, it was to Pennsylvania the lovers of liberty turned for help, and in response to that Mace donian cry, our liberty taught colony sent from the atmosphere of freedom Andrew Hamilton who in that case established the great principle that a jury could pass on the character of the libel. In this stimulating field of Penn the apprentice boy found kindred spirits and in it he ripened to early and rich fruitage. His versatility was remarkable and in every sphere his suc cess was as marked as it was rapid. In this broadened envir onment he was constrained to broaden and in turn he helped to broaden it. Coupled with a speculative mind was an in tense common sense that led him by his industry, his thrift 12 A Recall of Benjamin Franklin. and his foresight to gather at a very early age a fortune for those days, but when he had gathered it, with a breadth of view that affords an envied model to many a man who has made his whole life subservient to money getting, Franklin, with a philosophic resolve to make money his servant instead of his master, withdrew from active business life and gave himself to his colony, his country and his fellow men. Hav ing gained a living from his country, he turned to living for that country. Through Poor Kichard s wise sayings, his alma nac and other writings Franklin became the greatest human teacher the world has probably ever known in the people s in dustry, in leading them to hardheaded common sense in the commonplace walks of everyday practical life. He was the first American writer whose works were widely circulated abroad. Indeed, in their time they were more widely read than any book save the Bible. His scientific research covered every field, electricity, ocean phenomena, medicine, chemistry, heat and cold. His great mind seemed to grasp all spheres of human knowledge. The other day I was surprised to find that he was the first intelligent observer and writer about the Gulf Stream and indeed that he actually gave the Gulf Stream its name. I was equally amazed to read letters of his in which he prophetically brought before the medical profession the value of open air in the treatment of disease. Indeed, the open air treatment of tuberculosis and many other prac tical benefits are all clearly outlined in Franklin s writings. That it has taken a great profession more than a century to realize the truth of what the layman Franklin told them in plain words shows the prophetic type of his great mind. He lived not only in his own time but a century beyond it. He was the father of modern electricity, and we who think of him only as observing the phenomena of electricity through his kite lose sight of the intensely practical nature of the man. The lightning rod was his practical sugges tion for protection from lightning and I find him speaking in one of his letters of " An old religionist whom I had relieved in a paralytic case by electricity, and who being afraid I A Recall of Benjamin Franklin. 13 should grow proud upon it sent me his serious though rather impertinent caution." The scientific study of heat and his practical bent of mind led him to invent the widely used Franklin stove and to devise a form of chimney that came into general use, but in these as in the copywriting of his books, Franklin refused to avail himself of any personal pro tection or gain. His public life and private practice rang true to his motto that " the highest form of worship is service to man." He started the first public library in Philadelphia. He was instrumental in founding in that city the academy from which the University of Pennsylvania grew, just as later he came to Lancaster and helped lay the cornerstone of this college which bears his name. He organized the first anti- slavery society in the world and as its president, and fittingly in this colony of freedom where the Declaration of Independ ence, the Constitution, and the flag had their birthplace, he wrote and signed the first petition ever presented to Congress for the abolition of slavery. Neither slavery of mind or slavery of body found lodgment in Franklin s brain or heart. During all this time he took an active part in public service. He was not of that type of men who become public men be cause they make themselves public. The simple fact was that when anything of a public nature was to be done the public demand was for Franklin s leadership, moderation, common sense and ability. His leadership was not of the self-sought or self-announced type. It was a leadership that came from the conviction of the people that he was fitted and needed to lead. {JLike Moses and Luther, like Washington and Lincoln, like every great leader that is truly great, he distrusted his ability to lead. His call came from the nation and not from himself. He was one of the great founders of our mail serv ice and his far-seeing mind caught the benefits of a wider ex change of environment and social intercourse as a uniting factor among the colonies. His swarthy forbear, the English smith at the cross-roads, had engraven that in his nature. He attended the meetings of delegates from other colonies and his 14 A Recall of Benjamin Franklin. wise counsels contributed greatly to furthering the common interest in matters of common concern. He took strong grounds on the uniting of the colonies for their protection on the frontier in the French and Indian wars. In the Brad- dock campaign his services were invaluable in the practical and vital point of securing wagon trains through his influence with the Pennsylvania farmers. His interest in that cam paign, and the same remark may be made of Washington, showed that these two great far-seeing minds, representing as they did the two great far-seeing commonwealths of Virginia and Pennsylvania behind them the two commonwealths that won the gateway to the west and in the gaining of the west laid the real foundation of American extension Franklin and Washington both realized as few men did that the great future of America lay in the Mississippi Basin. In a pro phetic letter to Lord Kames, which I have referred to before in speaking of the taking of that country and Canada from the French, Franklin said : "I am therefore by no means for restoring Canada. If we keep it all the country from the St. Lawrence to the Mississippi will in another century ~be filled with British people. Britain itself will become vastly more populous by the immense increase of its commerce. The At lantic sea will be covered with her trading vessels and your naval power thence continually increasing will extend your influence around the whole world." At a later day and in the midst of the Revolution, when the American Congress by a vote to which there were only three recorded votes in the nega tive advised that John Jay agree to a treaty with Spain by which the mouth of the Mississippi should be forever closed as a free gateway to the sea, Franklin summed up the contro versy in a nut shell of homely common sense " Poor as we are, yet as I know we shall be rich, I would rather agree with them to buy at a great price the whole of their (Spain s) right on the Mississippi, than sell a drop of its waters. A neighbor might as well ask me to sell my street door." In truth, his mind, reaching so far into the future, had so grasped the A Recall of Benjamin Franklin. 15 possibilities of the west, and he had become so imbued through Braddock s mistakes of Britain s inability to effect its win ning, that he became convinced the colonies must win it them selves. We accordingly find that his first public mission abroad was to England in 1757 and its purpose was to secure the taxation of Penn s proprietary lands in order to give Penn sylvania the means to carry on the French and Indian War. From this time on Franklin spent the greater part of his time in Europe and away from his family. It was a sacrifice of private life to public duty, and at the close of his life Frank lin said, as many another man can who has given himself to public service, " They engrossed the prime of my life, they have eaten my flesh and seem resolved now to pick my bones." From 1762 to 1767 he lived continuously in England trying to secure a repeal of laws that were obnoxious to the colonies and later his duty forced him to spend from 1776 to 1785 in France, where he succeeded in effecting an alliance with that country whereby he obtained the French troops and the French money that, coupled with the financing of Morris, enabled Washington to fight the Kevolution. After Washing ton and Rochambeau had compelled the surrender of Corn- wallis, Franklin remained two years in Paris and largely as the result of his work the Treaty of Paris was signed in 1783, which was the verdict and judgment of the Revolution. By it Franklin secured not only the independence of the thirteen colonies along the Atlantic seaboard, but he gained what was equally important, a surrender from England of the Missis sippi Basin as far west as the Father of Waters a diplo matic territorial victory on which, through the gain of the Mississippi Valley, the future greatness of the American na tion then depended and now rests. This hurried sketch gives us the principal facts in Frank lin s life and from it we pass to a necessarily brief considera tion of the effect of these things on the make-up of the man. His life naturally divides itself into three periods: first, the pre-Revolutionary, or formative one; second, the Revolution- 16 A Recall of Benjamin Franklin. ary, or effective period; and third, the post-Revolutionary, or reflective period. Turning first to the prexRevolutionary period of Franklin s life what strikes one especially is Franklin s essentially Brit ish make-up at that time. A Briton, but a Briton modified by colonial environment. He was, as we noted above, the prototype of that great army of British colonists who, under a wiser motherhood than Britain gave to Franklin, are to-day making Canada, Africa, Australia, New Zealand and India what they are, and who in turn in the reflex of colonial spirit are doing so much to mould and make England herself; for the English colonies are in truth to-day wielding a greater influence on England than she is on them. For mark you, the great tide of English emigration to her colonies is to-day as then but the race acknowledgment that in the problems of life s betterment and opportunity, the colony gives more prom ise of the answer to ideals than does the motherland. This same relation, that of a colonist convinced that the land for him was the colony, but recognizing still his devotion to the motherland and reverence for her institutions, was Franklin s state of mind during the pre-Revolutionary period. But the England of that day had not yet learned the lesson she had to learn later through the loss of her oldest colonial child. To Franklin, the loyal British colonist, came the quiet, unrecog nized but insistent call of his new world country for self gov ernment. Had England heeded that call from men like Frank lin and Washington, had it even given an answering echo to their calls, the colonial agitators of that day might have agi tated in vain and separation from England been postponed for a generation. The Franklins, the Washingtons and the Marshalls might have died loyal colonists and the work of the Revolution been left to the Websters, the Jacksons and the Calhouns of the next generation. But destiny had filled its time. A headstrong ruler, a foolish cabinet, a failure of the old world to recognize the signs of the times in the new, drove with the irresistible logic of events the British colonist Frank- A Recall of Benjamin Franklin. 17 lin out of his pre-Revolutionary period into becoming a na tion founder in the next. The stern logic of events was driv ing Franklin for he came to separation slowly and unwill ingly from his birthright as a British colonial, and he was forced to become the first great American whom the new world gave to the old. For the truth is that Franklin was meant for the universe. In the economy of humanity he belonged to the world and to humanity in its fullest and freest expression. It has well been said: "Benjamin Franklin was the first American born on this side of the water who was meant for the universe. His mere existence was a sort of omen. It was impossible to suppose that a people who could produce a man of that scope and intellect could long remain in a condition of political dependence. It would have been preposterous to have had Franklin die a colonist and go down to posterity, not as an American, but as a colonial Englishman. He was a microcosm of the coming nation of the United States." And so, by the silent march of the nation, which only the thought ful see, and for which only the thoughtful prepare, the great onward march of events carried Franklin out of the colonial pre-Revolutionary stage of his life into the era of his middle life, the Revolutionary or effective period. And how effective ? He is the only American whose name is signed to those three great instruments, the Declaration of Independence, the Treaty of Paris and the Constitution. By the first he helped save democracy from autocracy. By the second he helped make the title of democracy to democracy more absolute. By the third he sought to save democracy from itself. The three men who, to my mind, were the bed-rock creators of American independence were George Washington, Benja min Franklin, who, as noted, laid the corner-stone of this col lege, and Robert Morris, who was one of its first board of trustees. Without the work of each of these three men in their several spheres, no one of the others could have made inde pendence a reality. Washington at the head of the army; Morris repleting the scant war-chest on which the army lived ; 30 18 A Recall of Benjamin Franklin. and Franklin bringing hands across the sea in French alliance, French gold and French armies these were the fighting and sustaining factors on which independence was secured. The Adamses, the Patrick Henrys, the John Hancocks, with their courageous agitation, were the men who made America inde pendent on paper; but Morris, Franklin and Washington were men who made the independence on paper independence in fact. It was all well enough to refer to the imaginary " three millions of people armed in the holy cause of liberty," but this phrase was but a sounding brass and timbling cymbal. The scant three thousand who shivered around the huts up yonder on the Pennsylvania hills of Valley Forge knew the three millions armed in the holy cause only netted about three thousand, and Franklin felt it necessary to get the places of some of the three million supplied by Eochambeau and his thousands of Frenchmen, who later shared with Washington the glory and credit of the actual results at Yorktown. The herculean efforts of Morris were required to feed and clothe an army with money that was so worthless that to-day we un consciously revere his unrequited services when we speak of a thing as not worth a continental. But these three, Washing ton at the camp fire; Franklin at the council table; and Morris at the war chest made up that on which all wars are successfully waged, courageous fighting, wise financing and diplomatic diplomacy, and the connection of two of these great men with this college makes a reference to their great service timely. And in that connection I cannot forbear saying that I trust the day will come when in front of Independence Square, and on the side of Washington s statue, will be placed a fitting recognition of Robert Morris, who so loyally and un selfishly strove to make Washington s work possible. In the post-Revolutionary era of Franklin s life came his supreme work in helping to make the Constitution. He had signed the Declaration of Independence, which had called self- government into existence. He had signed the Treaty of Paris which gave self-government a place of habitation and he A Recall of Benjamin Franklin. 19 had signed the Constitution, which he and those who labored with him thought was the best way of insuring that self gov ernment should not perish from the earth. The world s history is a series of the swings of the pendulum to different fields of thought. Between the limits of those swings in the pendulum s path lie those ranges that mark a nation s changed view point. One hundred and twenty-five years ago Washington and Franklin and the fathers who had freed themselves from monarchical government control found themselves confronted by the problem of creating a new form of government. They went about it slowly, deliberately, thoughtfully, and as you will see from Franklin s life, prayer fully. They realized that there were some inherent weaknesses in a pure democracy that had in the end destroyed Greece and Rome. For these reasons they distrusted the principle of an entire nation governing itself without representatives. On the other hand, they saw the inherent weakness of monarchy was the arbitrary and selfish government of an absolute ruler like George III. To avoid these two extremes they determined to form a constitution and make it their chart. The significance of the constitution as the real foundation of the new country was at once recognized and liberty loving people everywhere felt that a new era had come into the field of national govern ment in a constitutional government. That constitution has proved the model from which liberty loving peoples every where have drawn inspiration and forms of government. When the South American republics were to be builded ; when South Africa was to be federalized it was to the constitution of the United States both countries turned for a model. Its principles are interwoven in the systems of the great English colonies and in its struggles for what are best for government in the new world, China, the oldest nation of the old world, reached out and found guidance in the chart that Franklin had helped draw and Lincoln helped save. And we have to day the novel situation that when, after one hundred and twenty-five years of trial of constitutional government, some 20 A Recall of Benjamin Franklin. of our people are becoming distrustful of it, the oldest and wisest nation of all, to wit, the Chinese, after trying every thing else for some four thousand years, has come to the con clusion our Constitution is the best form and they are model ling from it. It remains for time to determine whether the Amer ican experience of a century, or the Chinese of forty, shall prove the wiser. During the century and more that followed the making of the Constitution our country has grown great under it. It has proven the one thing around which the men of the north rallied to save the Union and recalling that con stitution the men of the south were content to come back into the Union, feeling that was the one thing above all others to protect them after their return, for the south had but to recall Lincoln s assurance to them in his first inaugural that " all the vital rights of minorities and of individuals are assured to them by affirmations and negations, guaranties and prohibi tions in the Constitution." For a century the pendulum of constitutional regard swung to the limit of reverence for that sublime document which had made and preserved us a nation. It had proved itself to be the holy writ of self-government and it had proved so because it based self-government on govern ment of self. But we have come upon a time when the pendu lum has swung to the other side. The popular thought to-day seems to be that constitutions are hindrances instead of helps to government, that instead of securing liberty they are deny ing it. But in spite of these changes in constitutional regard, let us remember, my friends, that though the pendulum swings the old clock does not. The figures on its face still bear true witness to the unchanging law of time. And as there are certain truths in science that no change of opinion can alter, so there are certain elements in human nature and govern ment is simply human nature applied on a large scale which are unchangeably fixed. And of all unchanging things the most changeless thing in human nature is self. And self and its selfishness are only aggravated when the selfishness of indi viduals becomes the accumulated force of the selfishness of a A Recall of Benjamin Franklin. 21 nation. Let us stop for a moment and ask ourselves what is true self-government by a people. It is not alone the right of a people to be self-governed, but it is the duty also of a people to govern itself, for true self-government is after all govern ment of self by self. The self must not only govern but it must be willing to be governed, and this being so it follows that true self-government by a nation is nothing more and nothing less than the principle of self-government in the individual life collectively applied to self-government by a nation. Do I make that clear ? Let me illustrate. , The proof of a really great man s strength of character is his willingness and abil ity to protect himself against his own selfishness. To do this the greater and stronger a man is, the more carefully and thoroughly does he place limits on himself and lay down for his own conduct in life certain limitations, physical, moral and mental. These self-imposed limitations are the Rubicons across which he can only go at the sacrifice of his real man hood. Now our fathers knew how they as colonists had suf fered from the rulers bound by no constitutional limitations. They knew from painful experience that the power to exer cise power will breed abuse of power, unless in some way re strained. They knew that men in the aggregate would in form ing a nation at times become just as selfish and unjust as the unlimited individual monarch would become. They realized that selfishness was so deep-grained in all men that unless limited it would show itself in men collectively as well as singly. That this was true in a single man who was called a king or in a collection of men, who were all rulers or kings, which was a pure democracy. And recognizing this danger in a single man, which they had seen in England, and knowing it existed in collections of men, which they had seen in the downfall of Greece and Rome, they reasoned thus: We are considering the experiment of a nation being its own ruler and to do so we must arrange for a ruler of some kind. So while in reality and truth this is a government of the whole people, yet as all men comprising the whole people will cot 22 A Recall of Benjamin Franklin. likely agree on all things, we will establish the principle of a majority rule, namely, we will agree that for the time being a majority shall be the ruler of the nation; but inasmuch as the minority, who are not the rulers of the nation, must be protected, for they are a part of the people, and inasmuch as those who are in the majority may in time grow selfish and do wrong to the helpless minority, we will, following that reason able course which commends itself to us as individuals, pro tect our minority selves from our self-governing majority by this constitutional chart, which so long as we continue it shall bind and limit that majority of ourselves so that it cannot wrong the minority of ourselves. They said that if England had had a constitution and King George had been limited thereby he would not have done those things which in our declaration we charge him with doing and which caused this revolution, viz., violation of our rights of person and property ; taxation without representation; and to quote other words of the Declaration of Independence, and which it will surprise many of us to know was one of the causes of the Revolution, namely, that the judges of that day were subject to the recall of the king or to use the words of our Declaration, King George would not have " made judges dependent on his will alone for the tenure of their office." When, then, our fathers proposed by a constitution to put certain limitations upon themselves were they unpatriotic and undemocratic ? When Franklin and those with him who had won freedom through much tribulation and with a hangman s rope around their necks if they failed, were they despising that freedom, when as free men they in effect said We are now so free that we can afford to surrender some of our freedom for the common good. Is a stream restrained of its freedom if in its course a dam be built and its confined waters made to serve some use ful purpose? Is a man who fences his field any the less en joying his own because the fence which keeps his neighbor s cattle out also keeps his own within proper bounds? Were these wise men like Franklin not applying to their govern- A Recall of Benjamin Franklin. 23 ment what you and I, if we are following Franklin s example, are doing every day in our own lives ? Are you doing to-day whatever you have power to do ? or are you voluntarily placing upon yourself limitations and restrictions which you observe in all your intercourse with your fellows? The old truth is equally true of men and of nations, that no man liveth unto himself and no nation, or the majority of no nation, lives of and for itself alone. This civilization of ours, the business life of a community, the happiness of family life all would drift into unworkable confusion if each of us did not volun tarily place upon himself limitations which we will not pass although we have the power to pass them. And if this deep ingrained principle of self-imposed limitation is the true safe guard of individual life when and at what point, tell me, can that principle be safely abandoned when self-controlled indi viduals unite themselves in a self -controlled government? If for any one man to revoke and recall the self-imposed limita tions of his own life is to undermine the foundation stones of his individual character, when does the undermining process of the character of the nation disappear when a hundred mil lions of people, associated in the form of government, revoke and recall their self-imposed national limitations? No, no; the safety of the individual man lies in a self-controlled indi vidualism, no more and no less than the safety of a self-gov erning people rests on constitutionally established self-control. And in so holding we make no fetish of constitutions. They are not laws of the Medes and Persians for which there is no change, for a constitution wisely makes provision for its own change, but mark you, in a constitutional way. This consti tutional power of constitutional change has been and always will be exercised. The closed door of our federal constitution has already opened fifteen times to welcome fifteen different amendments during its history. The state of Pennsylvania has had four different constitutions since the colonial times. The great state of Ohio is now changing hers, and already possessing this salutary power of change and amendment when 24 A Recall of Benjamin Franklin. changed conditions demand them, and provided with a method of change that involves deliberation, argument, patience and forbearance, can we regard as necessary any other method of constitutional change ? Indeed, my friends, I cannot help but feel we are all getting unduly stirred up, if not a trifle hyster ical on this question of constitutional restriction as applied to the question of the constitutionality of laws. An impression has been fostered that every helpful law in some way runs the risk of being declared unconstitutional. The mischiefs in that respect are not as bad as we imagine. To illustrate I ven ture the thought that the United States to-day is the most law- burdened nation on the globe. As soon as a man is elected to a legislative body, he feels it his solemn duty to propose and have some new laws passed. I presume there are in force in the forty-odd states of the union to-day more than 150,000 laws. That means an average of about 3,000 to each state, with the Acts of Congress not included. This estimate is moderate, for I find that in the state of Pennsylvania alone the legislature of last year added 466 laws to the ones we already had. These 150,000 laws stand on our statute books to-day as enforcible constitutional measures, more in number, I venture to suggest, than the laws of all Europe combined, and when some one is complaining to us about constitutions and their injustice in thwarting legislation, let us ask that person to tell us how many of the 150,000 laws have been held unconstitutional, and if he knows anything about the facts he will find the percentage of acts stricken down as unconstitu tional on the far side of the decimal point. You will pardon me for injecting this personal testimony, but I presume it is a fair example of the practical experience of many brother judges. In the twenty years of my judicial life the consti tutionality of many laws, state and federal, has been raised before me, but I have never once enjoyed that pleasure which courts are popularly supposed to glory in, namely, of holding a law was unconstitutional. It is true, that here and there in the thousands of courts and judges our country has. there have A Recall of Benjamin Franklin. 25 been and there will be unwise, mistaken decisions, and such will continue to be the case so long as to err is human. It is possible that the changed economical, commercial and social conditions of modern life have not been duly appreciated by all judges and that there are men on the bench to-day whose mental vision is not of the breadth that we would desire it, but it is equally true that there are only the same differences of temperament and viewpoint on the bench that there are among physicians and clergymen and all branches of pro fessional men. But in all these professions, the mistakes that are made, the faults of physicians and clergymen, and teach ers and judges, will be found to be more often the fault of the particular man who applies, or thinks he applies, the law, the gospel, the text-book, the medicine, rather than the fault of the law, the gospel, or the medical systems themselves. Mistakes in regard to the constitution ! Why a man s own constitution is a settled thing, but whether that man s constitution shall have the breath of life breathed into it by one physician, who will save the man s life, or whether that constitution will go to the grave under another physician, is not a purely consti tutional question, but its solution depends on the wisdom of the man in selecting his own physician who is to handle his constitution. But because some physicians have not been skil ful and some judges have not been wise, in dealing with con stitutions, let us not permit the unskilfulness of the one or the unwisdom of the other to unwisely lead us to give up our con stitutions, physical or governmental, entirely, or to overlook the fact that the vast majority of doctors heal and the vast majority of judges help men to the enjoyment and security of life, liberty and happiness. And just as there are men called to the ministry who have been called in a whisper, we will find men in judicial work who have been called to that work in an equally low voice, and I venture the thought that if the care in the original call were greater and more pro nounced, the less we would hear of the necessity of subsequent recall, for after all, the belated recall is but a confession of the 26 A Recall of Benjamin Franklin. earlier mistake in the call. And this leads me to a word of cheerful optimism to you college men who are entering on life. Take with you the cheery spirit of cheery optimism that will re fuse to be led into gloomy pessimism by the wrong-doing of the few. Remember, my dear young friends, that the great mass of your fellow men and fellow women are as honest and as square as you, and if you stand and act on that platform you can rest assured your neighbors are about as good as you. When old Elijah s pessimistic eyes were opened he found there were many thousand of his unsuspected countrymen whose knees were as stiff as his when it came to bowing to Baal. And just remember too that just as these seven thousand had probably said nothing about their virtue because Elijah had not heard of them, so now there is a reserve force of unheralded virtue and righteousness in this country of yours that you never sus pect until it vents itself in acts. That unwritten law. unpub lished in statutes, but graven on the hearts of American men, "women and children first," gave this country in the case of the " Titanic," an insight into the unheralded moral qualities of our people that, like deep rivers, flow quiet and strong through the nation s life. No, no ; we must not conclude that everything is going to the bad because a few individual men and women do so and their shortcomings are heralded all over the land. I often think as I read of the wrongdoing here and there all over the country with which the columns of our papers are largely taken up of what an infinitesimal part of the nation s life they evidence. For one cashier who violates his trust and becomes a defaulter I can point you to thousands of cashiers over the country who to-day command the respect and esteem of their fellow men and are more faithfully watching and safeguarding funds of others than they are their own. For one woman who has strayed from the path of virtue and whose sin fills the morbid columns of papers devoted to that side of life in some scandalous divorce proceeding I can, thank God, point you to millions of homes in this country where quiet women are true to the teachings of childhood, to A Recall of Benjamin Franklin. 27 the loyalty to husband, to the motherhood of the family. For one poor fellow in a gray suit who had yielded to temptation and pil fered your mail and whose derelictions have been made the sub ject of a sensational article I can point you to thousands upon thousands of his fellow carriers who, in every city and hamlet in this country, are incessantly doing their daily, unheralded, unpublished duty. For one exceptional case that is delayed in our courts, for one suit where, through the stern require ments of the law, the miscarriage of a jury, or the lack of knowledge of the judge, an injustice has been done and widely commented upon with a view to undermining the confidence in the administration of justice I can point out to you thou sands upon thousands of cases where law, jury arid judge have worked even and exact justice, no account of which ever enters into the story you read in the public print, and for one man on the bench whose actions have been such as to call forth public criticism I can point to, from one end of this land to the other, thousands and thousands of just judges whose lives have been as pure and just as they have been quiet and un heralded in the public print. The truth is that only the ex ceptional, only the abnormal ever finds the light of publicity. Error, sin, wrong-doing are what interest us, and we pay no attention to the quiet routine and daily duty faithfully per formed. I have often felt that if a paper and magazine ig nored the mistakes of men and simply recorded the quiet doing of duty in life it could not exist for no one would care to read it. So my young college friends, in summing up the true significance of the sensationalism of the day, do not in your enthusiasm overlook the overwhelming mass of virtue, up rightness, integrity, in the life and work of the uncounted majority of our own people. The truth is that the great mass of people want to do right and that those who deliberately do wrong, either in public or private affairs, are in a small minority. And in all these matters the great need of recall is for us each one of us to recall ourselves to the higher plane of life and to remember that the streets of Damascus 28 A Recall of Benjamin Franklin. were kept clean because every man in Damascus cleaned the street in front of his own home. But to recall myself to the subject in hand full of years, honored as no man has ever been honored before by the world in such varied fields, recognized as a man universally wise, touching the varied fields of literature, statesmanship, science, education and practically every phase of human life, Frank lin came through it all the same modest, simple minded, great man he had been all his life. With a head as clear as a sage s he retained a heart as simple as a child s. A man of strong views himself, one who would naturally call forth strong oppo sition to his views, he had no personal enemies in public or private life. He possessed that wonderful poise of fairness and justice that lifted him out of the plane of personal antag onism. In writing John Jay he said : " I have, as you observe, some enemies in England, but they are my enemies as an American. I have also two or three in America, who are my enemies as a minister, but I thank God there are not in the whole world any who are my enemies as a man, for by His grace through a long life I have been enabled so to conduct myself that there does not exist a human being who can justly say Ben Franklin has wronged me. He had that wonder ful faculty which Lincoln possessed of always stating his ad versary s case so fairly and his own so strongly that any sense of personal antagonism disappeared in the atmosphere of his earnest effort to reach the truth. Like Lincoln, too, he had that keen sense of humor which both used with kindness of heart, but with merciless logic, to illustrate and puncture the false reasoning of those opposed to them. Indeed, it is said that to Franklin, instead of Jefferson, would have been en trusted the writing of the Declaration of Independence but his colleagues feared he would inject some of his humor into it. There is another thought in connection with the forming of that constitution that we do well to bear in mind in connec tion with Franklin. In these present days when men seem to A Recall of Benjamin Franklin. 29 be groping for new things in government, when the self-suffi ciency of each man essays to solve every governmental ques tion from the standpoint of individual selfishness and to dog matically put forward his views as the only views, it does us all good to recall that splendid picture of the venerable and beloved Franklin then over eighty years of age, rising in his place in the convention that was then forming the Constitu tion. In convincing words he told his colleagues that for weeks they had been unable to agree on anything; that they had been blindly groping about examining all forms of gov ernment and liking none. In convincing words he reminded them that in the beginning of their struggle with Britain that they had had daily prayers in that room for divine protection ; that their prayers had been answered and he added : " All of us who were engaged in the struggle must have observed fre quent instances of a superintending Providence in our favor." And then turning to them, this great man, against whom the cry of irreligious was often raised, said : " And have we now forgotten that powerful friend? Or do we imagine we no longer need his assistance? I have lived, sir, a long time; and the longer I live the more convincing proof I see of this truth, that God governs in the affairs of men. And, if a sparrow cannot fall to the ground without his notice, is it probable that an empire can rise without his aid? We have been assured, sir, in the sacred writing, that, Except the Lord build the house they labor in vain that built it. I firmly be lieve this and I also believe that without his concurring aid, we shall succeed in this political building no better than the builders of Babel." In the history of government building I know no picture so sublime, no words so eloquent, as those in which the wisest man of his day and generation moved the makers of the Constitution to implore God s wisdom and guid ance before all other business at the opening of each day s work, unless it be those great words of Lincoln, as on that February morning, when he left his Springfield neighbors on his mission to prayerfully save the Constitution which Frank- 30 A Recall of Benjamin Franklin. lin had prayerfully founded : "I now leave you not knowing when or whether ever I may return, with a task upon me greater than that which rested upon Washington. Without the assistance of that divine being who ever attended him I cannot succeed; with that assistance I cannot fail." As we look hack on these men, who made and saved our Constitution, Washington on his knees in the thickets of Valley Forge, Franklin moving for daily prayers in Independence Hall and Lincoln invoking the guidance of Washington s God, may not the thoughtful, prayerful hearts of the nation voice the peti tion that every hand that seeks to change a constitution made under God s guidance will as reverently seek that same guid ance in changing " what God hath wrought." And there is another great principle for which Franklin and the men of his day contended, which I think can well be made the subject of a thoughtful recall. That was the prin ciple of representative government. "No purer or more de voted friend of the people has ever lived in American history than Benjamin Franklin. ~No man was closer to his fellow men than he. His democracy was unquestioned and he re tained his simplicity, his humanity and his neighborliness wherever he was. But with all these there was no man who believed more firmly in a representative system of govern ment than he. Let us think who it was that gave us our inde pendence, our Constitution, our country. There were three millions of people in the United States in those days, but the great mass of them were too busy, too much engrossed in their own affairs to join in the winning of a new world from Eng land, and of creating a new government. We are accustomed to think of our whole people of that day as taking part in the Revolution. Such was not the case. Those three million of people were wise enough in their day and generation to stick to the representative principle and that representation was confined to such small numbers that it finally dwindled to a representative Continental Congress and to George Wash ington and the few thousand men at Valley Forge. It was in A Recall of Benjamin Franklin. 31 the latter representative body on those bleak hills, that Wash ington in the bitterness of his soul learned that the government must be created on the representative principle and that John Marshall, who came to Valley Forge a Virginian and left it an American, learned those great principles of a representa tive government that gave the Constitution vitality, a vitality that has been based on one hundred years of use of the repre sentative system. We do well to recall that it was men who believed in a representative form of government who gave us our country, who gave us our Constitution, who saved our country from disunion through the Constitution, and who have made this country under the Constitution a mighty people. Let us remember that the government "of the people, by the people and for the people" for which Lincoln pled was the constitutional government "four score and seven years ago our fathers brought forth upon this continent." And let those who would change the representative form of our government take heed to the warning Webster gave at the laying of the corner stone of the monument on Bunker Hill: "We are placed at the head of the system of representative and popular government. If in our case the representative system ulti mately fail, popular government must be pronounced impos sible." The principle of the representative system is not based on aristocracy or on a governing class, but on the simple, sound, common sense- principle that the people select repre sentatives in directors who in turn select school teachers to teach their children; synods and conventions and representa tive men or bodies, who in turn elect and ordain clergymen to instruct them in matters religious; schools, examining boards and other representative bodies, who shall qualify physicians for medicine, plumbers for plumbing, lawyers for law, and so on throughout all the occupations of life. It is the principle on which every church is run to-day by selecting vestries, elders, deacons and other bodies who, in a representative ca pacity, select other representatives to do the work of the con gregation. It is the principle in every bank by which the 32 A Recall of Benjamin Franklin. stockholders select directors, who in turn select president, cashier and those who do its executive work. This Constitu tion of ours was based on the theory of a wise use in certain ways of the direct power of the people and a wise use in others of the judgment and discretion of representative officials to carry out portions of the work. They believed that the repre sentative system fixed responsibility on those chosen and that the obligation of responsibility was created, fostered and stimulated by making men their representatives. They ob served in their own every day life that indifferently good men were turned into strong men by having the responsibility of fatherhood put upon them. They said that a man who was put to do a job was more likely to find some wa^ of doing it than a man who was simply saying how it ought to be done but without doing it. They believed that what was left as anybody s business generally ended up in being nobody s duty. In fact, they believed that government was like everything else it would not work itself, and that either all the people had to do all the work or else they had to select some repre sentatives to do it for them. They felt that the true principle was to select representatives and then sternly look to them for results. And wherever all the people have acted on this whole some principle, not the mere selection of representatives, but the stern holding by the people of the people s representatives responsible for results, representative government had been and will be a government of the people. The success of gov ernment depends not on the wiping out of representatives, but in that vigilant interest of the people in seeing the people s representatives do their duty. And if the interest of the people is so lax that it will not compel its representatives to do their duty, will that lax interest be effective enough to see that any other form of government is effective ? Eternal vigilance is not only the price of liberty, but the price of liberty s gov ernment by the people. It seems to me that when we are ready to eliminate representatives in other lines of work, the clergy in morals, the physician in medicine, the teacher in learning A Recall of Benjamin Franklin. 33 then and not until then are we ready to give up the repre sentative principle in government. We are departing from these principles to-day. Going away from what Franklin and the fathers thought was wise, into the untried fields of direct voting, direct primaries, direct work of every kind by the people. Are we sure where we shall end by these changes ? I recall very well the man who was a by-word in my boyhood- all of whose troubles came through a new fender he bought for his home. It is a homely story but it carries a lesson. Etwas bought this fender, but when he placed it in front of his fire place the mantel did not seem right, and so the mantel was changed and that brought a change in the wainscoting and the change in that room went into the hall and finally the whole house had to be changed and Etwas s house ended up in a sheriff s sale. We are tinkering with these changes and one change is the father of unexpected other changes. I think there is nothing that has happened in our national life that has so distressed the minds of thoughtful Americans as the per sonal conflict into which our only two living holders of our highest office have been drawn during the last few months. The partisans of each have blamed the other for this unhappy occurrence. Has it ever occurred to you that neither of the two men can be justly charged with what we have already re corded ? Has it occurred to you that no other president has been placed in this position and that the placing of these two men in it has been the result of the changes that are taking place in our constitutional form of government? When the people require that the principles of the old representative system of presidential nominations shall be done away with a system by the way that in a hundred years gave us no president of whom the nation was ashamed and that the men seeking the high office of president of the United States shall be forced on the hustings by the presidential primary, do we need any more signal and striking example of the unlocked for changes which change may bring to us without our wishing ? 31 34 A Recall of Benjamin Franklin. Moreover, by representation the true representative becomes impressed with the responsibility of not only representing the majority that chose him, but of the under-dog in the fight the minority, whose representative he is, as a part ,of the people. And history proves not only the right of the minority to be protected, but the majority s need that a minority be pro tected. There is no institution in the administration of justice to my mind of greater value than trial by jury. It is the tribunal of the people and in spite of its occasional miscar riages the vast majority of its verdicts are right. But if a majority of seven were to settle its verdict, I would lose my faith in it for the enforced agreement of the other five is the leaven that enables it to work justice to all and malice to none. And a little reflection shows that minorities are often the people s safeguards, that time and experience are needed to indicate a minority s view, indeed, that those great words, " government of the people, by the people and for the people " had, in the mind of Lincoln, a meaning far deeper than the mere words convey. For, mark you, those words were used by him on a higher plane than a mere question of majority. He called his countrymen to "here highly resolve" and that "under God" government of the people, by the people and for the people should not perish. And what was this highly resolved purpose of Lincoln? His own experience tells the story, for Lincoln was a man not of majorities, but of minor ities. There never was any more direct appeal to the judg ment of the people than the great question which Abraham Lincoln submitted to the people of Illinois in his contest with Douglass. From one end of that state to another, with an ab sence of all passion, with an appeal to reason, with every wealth of light and instruction and intense earnestness, Lin coln presented the great issue of all ages to the people of Illi nois for their determination. But when the votes came the great champion of human liberty found the majority, swept away by the prevailing spirit of the hour, was against him. He, too, for the time being was despised and rejected of men A Recall of Benjamin Franklin. 35 by a triumphant majority and Lincoln and his minority went down to defeat. But though the majority was against him, truth still remained unchanged, for the real question was not of men but of principle. And to Lincoln in his minority, as to many a man in the loneliness of isolated dissent, came that needed assurance that, " in such a controversy the majority principle has no legitimate place. Where the weapon is rea son and not force, there is no magic in a multitude of suf frages. Opinions are to be weighed, not numbered, and if they will not bear the test of reason, it is morally impossible that they stand as law." So, too, in the election of 1860, Lin coln, while elected, represented but a mere minority. The combined votes of Douglass and Breckinridge, all of whom were against him, constituted a great majority of the nation. In the election of 1864, Lincoln was again the representative of a minority, for the principles he stood for would not then have commanded a support of a majority north and south, had all his countrymen voted. But who will say that Lincoln and his minority were wrong, and that Judge Douglass and his majority were right? The Athenians had among their many statutes one dedicated to " time which vindicates," and of one of his noblest characters John Bunyan had only to say, " But Patience was willing to wait." Truly time and patience, and not the recklessness of majorities, are the guardians of minor ity principles. And now a closing thought. Franklin lived through one of those great eras of flux and change those days of radical transition, through which men and nations march or flounder in their onward progress. His was a period of tremendous change. The science of government for it is a science and as such worthy of the most thoughtful study was slowly but irresist ibly changing. The autocracy of place and birth and class were crumbling away and all the people were awakening to the possibilities of self-government. The absolutism of hered ity, the dogmatism of religion, the selfishness of nations, were all being subjected to the scrutiny of a dawning patriotism 36 A Recall of Benjamin Franklin. and a growing conviction of individual right. The flames of genius burned high, the problems of the present were being illuminated by a thoughtful study of the past. And through the flame and fervor and fusing of awakening ardent brains came the birth and ordering of new conditions. It was a great time for new ideas and the call was for great men. These conditions existed in the old as well as in the new world. But how different the outcome. Germany, lacking any cen tral, towering figure; unblessed by any broad, unifying po litical impulse and cursed by the selfishness of a score of petty sovereigns, fell back into the stagnation of stolid indif ference to await the era of inspiration that came a century later. France, delirious with the new liberty of man which, untempered by dependence on God, swept her into the license of the Revolution, misled by the selfish leadership of a false prophet, who built an empire on the sacrificed blood of misled patriots, drifted back into a century of hopeless indifference, content with nothing, but accepting everything. England, closing her eyes to the reasonable requests of her greatest col ony and misled by the ignorance of a stubborn monarch and an imbecile ministry, succeeded on the one hand in losing her American colonial possessions in the new world, while in the old world Napoleon falsely vaunting himself as the evangel of this reawakened spirit of liberty and progress cunningly drove England into a spirit of antagonism to all that was new simply because it was new and into a blind devotion to all that was old simply because it was old. And so it came about that the splendid new spirit that swept over Europe, a spirit that should have been its civic regeneration, a spirit that called LaFayette and Steuben, Pulaski and Kosciousko, Robert Morris from Liverpool and Albert Gallatin from Switzer land, to this side of the ocean, grasped few of its possibilities because that spirit spent itself in blind gropings in a wilder ness of leaderless wanderings. In such times and in such seething periods of unrest, a weak man may turn a nation into a mob, but it takes a great man to keep a nation from be- A Recall of Benjamin Franklin. 37 coming a mob. And therein lay the difference of outcome on this side the Atlantic from this epoch of unrest. It was the far-seeing vision of such men as Franklin and the fathers wise beyond their day and generation who led the people by the path of sane and sensible self-control in the new order of government. It takes the great need, the great crisis, the great call of a great people, to create great men and to the new world s great, heart-deep cry for leadership, Providence in its own time answered then as it has always answered since when the cry ascends. What a glorious roll of those immor tals answered as the nation s call sounded. With reverence we look up to the long line of the fathers, who each to that clarion call answered Adsum Here am I Washington, Franklin, Adams, Jefferson, of the Revolution, who gave us the Constitution with our country; Marshall and Webster, whose united efforts made that Constitution a living reality; Lincoln and Grant, who kept us, thank God, a united people under it. Another period of widespread flux and change is upon us to-day and not upon us alone but upon the whole world. The times are pregnant with unrest and the labors of travail are upon us. The great economic, commercial, social and other changes that invention, expansion, centralization have brought about, perplex, dumfound, dishearten us. We are just awak ening to them and as yet we do not know how to meet them. But the unrest of this great people is an unrest for construc tion and not for destruction and, thank God, an unrest that honestly hungers for leadership and light. The call of the nation to-day is for trusted guiding, and the lack of the nation is our inability to answer that cry. Can we doubt it will be answered ? The past of our country bids us have no doubt as to its future. The years of colonial struggle and unrest ended in Franklin and Washington. The many years of seething uncertainty through our pre-civil war era ended in Lincoln, and our present era of unsettled and unsettling unrest must end in leaders that will speak to the nation as these great men 38 A Recall of Benjamin Franklin. of the past have spoken, not in volumes of words that are as unheeded as they are soon forgotten, but in words and counsel which, like the revolutionary fathers, shall ring true a cen tury after they are spoken, in words of wise and sane counsel and warning that our children s children shall rise up and call blessed a century hence. I came across lately some words of Sydney Lanier s, penned just after the Civil War, but which strikingly and prophetically voice the unspoken yearn ings of the nation s heart to-day. Lanier was looking forward to that sad, hopeless era of reconstruction ahead of the south land and for which Lincoln, the South s truest and bravest friend, was most needed. He must have had the martyred president in mind when he wrote: "I have been wondering where we are to get a great man that will be tall enough to see over the whole country and to direct that vast undoing of things which have to be accomplished in a few years. It is a situation in which mere cleverness will not begin to work. The horizon of cleverness is too limited; it does not embrace enough of the place of man, to enable a merely clever politi cian such as those in which we abound, to lead matters prop erly at this juncture. The vast generosities which whirl a small revenge out of the way as the winds whirl a leaf; the awful integrity which will pay a debt twice rather than allow the faintest flicker of suspicion about it; the splendid indig nations which are also tender compassions and will in one moment be hustling the money changers out of the Temple and in the next be preaching love to them from the steps of it; where are we to find these ? It is time for a man to arise who is a man." My friends, here in this twentieth century the American nation, waiting for a leadership, groping in uncertainty, be wildered by new questions, beset by false prophets, says, with Lanier, " It is time for a man to arise who is a man." When Providence and the unfolding of time shall answer that call, is hidden from our ken, but that time and that Providence we can await with a fortitude and a faith born of the conviction A Recall of Benjamin Franklin. 39 that the study of the lives and teachings of Franklin and these great men of the past will in good time recall us to sure and safe and sane paths, horn of a stern resolve that these great and wise men shall not have builded this great nation only to be undone by lesser minds and weaker men and a profound faith that, as in the past so now and hereafter, when the na tion is prepared for leadership, the nation s leader has and always will be found. And with no misgivings but a grounded faith that this nation s mission to its own people and to all humanity, the mission of the standard bearer of constitution ally limited government, let us march forward to the high destinies awaiting us in that spirit in which Lincoln faced the greatest human task ever allotted to man, when in his first inaugural he said, " My countrymen, one and all, think calmly and well on this whole subject. Nothing valuable can be lost by taking time. If there be an object to hurry any of you in hot haste to a step which you would never take deliberately, that object will be frustrated by taking time, but no good ob ject can be frustrated by it. Intelligence, patriotism, Chris tianity, and a firm reliance on Him who has never yet for saken this favored land are still competent to adjust in the best way all our present difficulties." 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