Ben Franklin

Ben Franklin (1706–1790) was a scholar, diplomat, author, scientist, businessman, and inventor. One of the Founding Fathers, he helped draft the Declaration of Independence, and he was a delegate to the Constitutional Convention. In 1741, he began publishing Poor Richard’s Almanac, a very popular and influential magazine that established his reputation (under a pseudonym) as a satirist and secured his fortune. He made important contributions to science, especially in the understanding of electricity. He was ambassador to France from 1776 to 1785 and governor of Pennsylvania from 1785 to 1788. Toward the end of his life, he became a prominent abolitionist. The following essay initially appeared in 1747 in a London paper. Subsequently, American publications picked it up. For several decades, the story was accepted as having been written by a woman named Polly Baker, but eventually Franklin admitted that he had written it to criticize a legal system that penalized mothers but not fathers for having children out of wedlock. Although there has been some controversy, most scholars accept Franklin as the author, including the editors of The Papers of Benjamin Franklin published by the American Philosophical Society and Yale University.

The Speech of Miss Polly Baker, before a Court of Judicature, at Connecticut near Boston in New-England; where she was prosecuted the Fifth Time, for having a Bastard Child: Which influenced the Court to dispense with her Punishment, and induced one of her Judges to marry her the next Day.

May it please the Honourable Bench to indulge me in a few Words: I am a poor unhappy Woman, who have no Money to fee Lawyers to plead for me, being hard put to it to get a tolerable Living. I shall not trouble your Honours with long Speeches; for I have not the Presumption to expect, that you may, by any Means, be prevailed on to deviate in your Sentence from the Law, in my Favour. All I humbly hope is, That your Honours would charitably move the Governor’s Goodness on my Behalf, that my Fine may be remitted. This is the Fifth Time, Gentlemen, that I have been dragged before your Court on the same Account; twice I have paid heavy Fines, and twice have been brought to Publick Punishment, for want of Money to pay those Fines. This may have been agreeable to the Laws, and I don’t dispute it; but since Laws are sometimes unreasonable in themselves, and therefore repealed, and others bear too hard on the Subject in particular Circumstances; and therefore there is left a Power somewhat to dispense with the Execution of them; I take the Liberty to say, That I think this Law, by which I am punished, is both unreasonable in itself, and particularly severe with regard to me, who have always lived an inoffensive Life in the Neighbourhood where I was born, and defy my Enemies (if I have any) to say I ever wronged Man, Woman, or Child.

Abstracted from the Law, I cannot conceive (may it please your Honours) what the Nature of my Offence is. I have brought Five fine Children into the World, at the Risque of my Life; I have maintained them well by my own Industry, without burthening the Township, and would have done it better, if it had not been for the heavy Charges and Fines I have paid. Can it be a Crime (in the Nature of Things I mean) to add to the Number of the King’s Subjects, in a new Country that really wants People? I own it, I should think it a Praise-worthy, rather than a punishable Action. I have debauched no other Woman’s Husband, nor enticed any Youth; these Things I never was charged with, nor has any one the least Cause of Complaint against me, unless, perhaps, the Minister, or Justice, because I have had Children without being married, by which they have missed a Wedding Fee. But, can ever this be a Fault of mine?

I appeal to your Honours. You are pleased to allow I don’t want Sense; but I must be stupified to the last Degree, not to prefer the Honourable State of Wedlock, to the Condition I have lived in. I always was, and still am willing to enter into it; and doubt not my behaving well in it, having all the Industry, Frugality, Fertility, and Skill in Economy, appertaining to a good Wife’s Character. I defy any Person to say, I ever refused an Offer of that Sort: On the contrary, I readily consented to the only Proposal of Marriage that ever was made me, which was when I was a Virgin; but too easily confiding in the Person’s Sincerity that made it, I unhappily lost my own Honour, by trusting to his; for he got me with Child, and then forsook me: That very Person you all know; he is now become a Magistrate of this Country; and I had Hopes he would have appeared this Day on the Bench, and have endeavoured to moderate the Court in my Favour; then I should have scorned to have mentioned it; but I must now complain of it, as unjust and unequal, That my Betrayer and Undoer, the first Cause of all my faults and Miscarriages (if they must be deemed such) should be advanced to Honour and Power in the Government, that punishes my Misfortunes with Stripes and Infamy.

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I should be told, ’tis like, That were there no Act of Assembly in the Case, the Precepts of Religion are violated by my Transgressions. If mine, then, is a religious Offence, leave it to religious Punishments. You have already excluded me from the Comforts of your Church-Communion. Is not that sufficient? You believe I have offended Heaven, and must suffer eternal Fire: Will not that be sufficient? What Need is there, then, of your additional Fines and Whipping?

I own, I do not think as you do; for, if I thought what you call a Sin, was really such, I could not presumptuously commit it. But, how can it be believed, that Heaven is angry at my having Children, when to the little done by me towards it, God has been pleased to add his Divine Skill and admirable Workmanship in the Formation of their Bodies, and crowned it, by furnishing them with rational and immortal Souls. Forgive me, Gentlemen, if I talk a little extravagantly on these Matters; I am no Divine, but if you, Gentlemen, must be making Laws, do not turn natural and useful Actions into Crimes, by your Prohibitions. But take into your wise Consideration, the great and growing Number of Batchelors in the Country, many of whom from the mean Fear of the Expences of a Family, have never sincerely and honourably courted a Woman in their Lives; and by their Manner of Living, leave unproduced (which is little better than Murder) Hundreds of their Posterity to the Thousandth Generation. Is not this a greater Offence against the Publick Good, than mine? Compel them, then, by Law, either to Marriage, or to pay double the Fine of Fornication every Year.

What must poor young Women do, whom Custom have forbid to solicit the Men, and Who cannot force themselves upon Husbands, when the Laws take no Care to provide them any; and yet severely punish them if they do their Duty without them; the Duty of the first and great Command of Nature, and of Nature’s God, Encrease and Multiply. A Duty, from the steady Performance of which, nothing has been able to deter me; but for its Sake, I have hazarded the Loss of the Publick Esteem, and have frequently endured Publick Disgrace and Punishment; and therefore ought, in my humble Opinion, instead of a Whipping, to have a Statue erected to my Memory.