TO THE CLERK OF THE COUNCIL IN WAITING.
(Copy.)
Whitehall, Dec. 3, 1773.
Sir,
The agent for the house of representatives of the province of Massachusett's Bay [Dr. Franklin] having delivered to lord Dartmouth, an address of that house to the king, signed by their speaker; complaining of the conduct of the governor [Hutchinson] and lieutenant governor [Andrew Oliver] of that province, in respect to certain private letters written by them to their correspondent in England, and praying that they may be removed from their posts in that government; his lordship hath presented the said address to his majesty, and his majesty having signified his pleasure, that the said address should be laid before his majesty in his privy council, I am directed by lord Dartmouth to transmit the same accordingly, together with a copy of the agent's letter to his lordship, accompanying the said address.
I am, sir,
Your most obedient humble servant,
(Signed)
J. POWNALL.
TO THE RIGHT HON. THE EARL OF DARTMOUTH.
(Copy.)
London, Aug. 21, 1773.
My Lord,
I have just received from the house of representatives of the Massachusett's Bay, their address to the king, which I now inclose, and send to your lordship, with my humble request in their behalf, that you would be pleased to present it to his majesty the first convenient opportunity.
I have the pleasure of hearing from that province by my late letters, that a sincere disposition prevails in the people there to be on good terms with the mother-country; that the assembly have declared their desire only to be put into the situation they were in before the stamp act: They aim at no novelties. And it is said, that having lately discovered, as they think, the authors of their grievances to be some of their own people, their resentment against Britain is thence much abated.
This good disposition of theirs (will your lordship permit me to say) may be cultivated by a favourable answer to this address, which I therefore hope your goodness will endeavour to obtain.
With the greatest respect,
I have the honour to be, my lord, &c.
B. FRANKLIN,
Agent for the House of Representatives.
THE PETITION.
TO THE KING'S MOST EXCELLENT MAJESTY.
MOST GRACIOUS SOVEREIGN,
We your majesty's loyal subjects, the representatives of your ancient colony of Massachusett's Bay, in general court legally assembled, by virtue of your majesty's writ under the hand and seal of the governor, beg leave to lay this our humble petition before your majesty.
Nothing but the sense of duty we owe to our sovereign, and the obligation we are under to consult the peace and safety of the province, could induce us to remonstrate to your majesty [concerning] the mal-conduct of persons, who have heretofore had the confidence and esteem of this people; and whom your majesty has been pleased, from the purest motives of rendering your subjects happy, to advance to the highest places of trust and authority in the province.
Your majesty's humble petitioners, with the deepest concern and anxiety, have seen the discords and animosities which have too long subsisted between your subjects of the parent-state and those of the American colonies. And we have trembled with apprehensions, that the consequences, naturally arising therefrom, would at length prove fatal to both countries.
Permit us humbly to suggest to your majesty, that your subjects here have been inclined to believe, that the grievances which they have suffered, and still continue to suffer, have been occasioned by your majesty's ministers and principal servants being, unfortunately for us, misinformed in certain facts of very interesting importance to us. It is for this reason that former assemblies have, from time to time, prepared a true state of facts to be laid before your majesty; but their humble remonstrances and petitions, it is presumed, have by some means been prevented from reaching your royal hand.
Your majesty's petitioners have very lately had before them certain papers, from which they humbly conceive, it is most reasonable to suppose, that there has been long a conspiracy of evil men in this province, who have contemplated measures and formed a plan to advance themselves to power, and raise their own fortunes, by means destructive of the charter of the province, at the expence of the quiet of the nation, and to the annihilating of the rights and liberties of the American colonies.
And we do with all due submission to your majesty beg leave particularly to complain of the conduct of his excellency Thomas Hutchinson, Esq. governor, and the honourable Andrew Oliver, Esq. lieutenant-governor of this your majesty's province, as having a natural and efficacious tendency to interrupt and alienate the affections of your majesty, our rightful sovereign, from this your loyal province; to destroy that harmony and good-will between Great Britain and this colony, which every honest subject should strive to establish; to excite the resentment of the British administration against this province; to defeat the endeavours of our agents and friends to serve us by a fair representation of our state of facts; to prevent our humble and repeated petitions from reaching the ear of your majesty, or having their desired effect. And finally, that the said Thomas Hutchinson and Andrew Oliver have been among the chief instruments in introducing a fleet and army into this province, to establish and perpetuate their plans, whereby they have been not only greatly instrumental [in] disturbing the peace and harmony of the government, and causing unnatural and hateful discords and animosities between the several parts of your majesty's extensive dominions; but are justly chargeable with all that corruption of morals, and all that confusion, misery, and bloodshed, which have been the natural effects of posting an army in a populous town.
Wherefore we most humbly pray, that your majesty would be pleased to remove from their posts in this government the said Thomas Hutchinson, Esquire, and Andrew Oliver, Esquire; who have, by their above-mentioned conduct, and otherwise, rendered themselves justly obnoxious to your loving subjects, and entirely lost their confidence; and place such good and faithful men in their stead, as your majesty in your wisdom shall think fit.
In the name and by order of the house of
representatives,
THOMAS CUSHING, Speaker.
TO THE LORDS COMMITTEE OF HIS MAJESTY'S PRIVY COUNCIL FOR PLANTATION AFFAIRS.
THE PETITION OF ISRAEL MAUDUIT,
Humbly sheweth unto your lordships,
That having been informed, that an address, in the name of the house of representatives of his majesty's colony of Massachusett's Bay, has been presented to his majesty by Benjamin Franklin, Esquire, praying the removal of his majesty's governor and lieutenant-governor, which is appointed to be taken into consideration on Thursday next; your petitioner, on the behalf of the said governor and lieutenant governor, humbly prays, that he may be heard by counsel in relation to the same, before your lordships shall make any report on the said address.
ISRAEL MAUDUIT.
Clement's Lane, Jan. 10, 1775.
The Examination of Dr. Franklin, at the Council Chamber, Jan. 17, 1774[127]. Present, Lord President, the Secretaries of State, and many other Lords; Dr. Franklin and Mr. Bollan; Mr. Mauduit and Mr. Wedderburn.
Dr. Franklin's Letter and the Address, Mr. Pownall's Letter, and Mr. Mauduit's Petition, were read.
Mr. Wedderburn. The address mentions certain papers: I could wish to be informed what are those papers?
Dr. Franklin. They are the letters of Mr. Hutchinson and Mr. Oliver.
Court. Have you brought them?
Dr. Franklin. No, but here are attested copies.
Court. Do you mean to found a charge upon them? if you do, you must produce the letters.
Dr. Franklin. These copies are attested by several gentlemen at Boston, and a notary public.
Mr. Wedderburn. My lords, we shall not take advantage of any imperfection in the proof. We admit that the letters are Mr. Hutchinson's and Mr. Oliver's hand writing: reserving to ourselves the right of inquiring how they were obtained.
Dr. Franklin. I did not expect that counsel would have been employed on this occasion.
Court. Had you not notice sent you of Mr. Mauduit's having petitioned to be heard by counsel on behalf of the governor and lieutenant governor.
Dr. Franklin. I did receive such notice; but I thought this had been a matter of politics, not of law, and have not brought my counsel.
Court. Where a charge is brought, the parties have a right to be heard by counsel or not, as they choose.
Mr. Mauduit. My lords, I am not a native of that country, as these gentlemen are. I know well Dr. Franklin's abilities, and wish to put the defence of my friends more upon a parity with the attack; he will not therefore wonder that I choose to appear before your lordships with the assistance of counsel. My friends, in their letters to me, have desired (if any proceedings, as they say, should be had upon this address) that they may have a hearing in their own justification, that their innocence may be fully cleared, and their honour vindicated, and have made provision accordingly. I do not think myself at liberty therefore to give up the assistance of my counsel, in defending them against this unjust accusation.
Court. Dr. Franklin may have the assistance of counsel, or go on without it, as he shall choose.
Dr. Franklin. I desire to have counsel.
Court. What time do you want?
Dr. Franklin. Three weeks.
Ordered that the further proceedings be on Saturday 29th instant[128].
To the Printer of the Public Advertiser.[129]
Sir,
Finding that two gentlemen have been unfortunately engaged in a duel about a transaction and its circumstances, of which both of them are totally ignorant and innocent, I think it incumbent upon me to declare (for the prevention of farther mischief, as far as such a declaration may contribute to prevent it) that I alone am the person, who obtained and transmitted to Boston the letters in question. Mr. W. could not communicate them, because they were never in his possession; and for the same reason they could not be taken from him by Mr. T. They were not of the nature of private letters between friends. They were written by public officers to persons in public stations, on public affairs, and intended to procure public measures; they were therefore handed to other public persons, who might be influenced by them to produce those measures. Their tendency was to incense the mother-country against her colonies, and, by the steps recommended, to widen the breach, which they effected. The chief caution expressed with regard to privacy was, to keep their contents from the colony agents, who, the writers apprehended, might return them, or copies of them, to America. That apprehension was, it seems, well founded, for the first agent who laid his hands on them thought it his duty to transmit them to his constituents[130].
Craven Street, Dec. 25, 1773.
B. FRANKLIN,
Agent for the House of Representatives
of the Massachusett's Bay.
[126] Governor Hutchinson, lieutenant-governor Andrew Oliver, Charles Paxton, Esq. Nathaniel Rogers, Esq. and Mr. G. Roome, having sent from Boston certain representations and informations to Thomas Whately, Esq. member of parliament, private secretary to Mr. George Grenville (the father of the stamp act) when in office, and afterwards one of the lords of trade; these letters were, by a particular channel, conveyed back to Boston. The assembly of the province were so much exasperated, that they returned home attested copies of the letters, accompanied with a petition and remonstrance, for the removal of governor Hutchinson, and lieutenant-governor Andrew Oliver, from their posts. The council of the province likewise, on their part, entered into thirteen resolves, in tendency and import similar to the petition of the assembly; five of which resolves were unanimous, and only one of them had so many as three dissentients. In consequence of the assembly's petition, the above proceedings and examination took place.
Dr. Franklin having naturally a large share in these transactions, made still larger by the impolitic and indecent persecution of his character, I have exhibited the whole more at length, than I should otherwise have thought proper. B. V.
[127] The editor has taken this examination from Mr. Mauduit's copy of the Letters of Governor Hutchinson, &c. second edition, 1774, p. 17. He has Mr. Mauduit's authority for supposing it faithfully represented. B. V.
[128] The privy council accordingly met on the 29th of January, 1774, when Mr. Dunning and Mr. John Lee appeared as counsel for the assembly, and Mr. Wedderburn as counsel for the governor and lieutenant governor. Mr. Wedderburn was very long in his answer, which chiefly related to the mode of obtaining and sending away Mr. Whately's letters; and spoke of Dr. Franklin in terms of abuse, which never escape from one gentleman towards another. In the event, the committee of the privy council made a report, in which was expressed the following opinion: "The lords of the committee do agree humbly to report, as their opinion to your majesty, that the petition is founded upon resolutions formed on false and erroneous allegations; and is groundless, vexatious, and scandalous, and calculated only for the seditious purposes of keeping up a spirit of clamour and discontent in the said province. And the lords of the committee do further humbly report to your majesty, that nothing has been laid before them which does or can, in their opinion, in any manner, or in any degree, impeach the honour, integrity, or conduct of the said governor or lieutenant-governor; and their lordships are humbly of opinion, that the said petition ought to be dismissed."
Feb. 7th, 1774. "His majesty, taking the said report into consideration, was pleased, with the advice of his privy-council, to approve thereof; and to order, that the said petition of the house of representatives of the province of Massachusett's Bay be dismissed the board—as groundless, vexatious, and scandalous; and calculated only for the seditious purpose of keeping up a spirit of clamour and discontent in the said province."—A former petition against governor Bernard met with a dismission couched in similar terms. B. V.
[129] Some letters had passed in the public prints between Mr. Thomas Whately's brother and Mr. John Temple, concerning the manner in which the letters of Governor Hutchinson &c. had escaped from among the papers of Mr. Thomas Whately, at this time deceased.
The one gentleman wished to avoid the charge of having given them, the other of having taken them. At length the dispute became so personal and pointed, that Mr. Temple thought it necessary to call the brother into the field. The letter of provocation appeared in the morning, and the parties met in the afternoon. Dr. Franklin, was not then in town; it was after some interval that he received the intelligence. What had passed he could not foresee; he endeavoured to prevent what still might follow. B. V.
[130] It was in consequence of this letter that Mr. Wedderburn ventured to make the most odious personal applications. Mr. Mauduit has prudently omitted part of them in his account of the proceedings before the privy-council. They are given here altogether however (as well as they could be collected) to mark the politics of the times, and the nature of the censures passed in England upon Dr. Franklin's character.
"The letters could not have come to Dr. Franklin," said Mr. Wedderburn, "by fair means. The writers did not give them to him, nor yet did the deceased correspondent, who, from our intimacy, would otherwise have told me of it: nothing then will acquit Dr. Franklin of the charge of obtaining them by fraudulent or corrupt means, for the most malignant of purposes; unless he stole them, from the person who stole them. This argument is irrefragable."——
"I hope, my lords, you will mark [and brand] the man, for the honour of this country, of Europe, and of mankind. Private correspondence has hitherto been held sacred in times of the greatest party rage, not only in politics but religion."—"He has forfeited all the respect of societies and of men. Into what companies will he hereafter go with an unembarassed face, or the honest intrepidity of virtue. Men will watch him with a jealous eye, they will hide their papers from him, and lock up their escrutoires. He will henceforth esteem it a libel to be called a man of letters, homo trium[131] literarum!
"But he not only took away the letters from one brother, but kept himself concealed till he nearly occasioned the murder of the other. It is impossible to read his account, expressive of the coolest and most deliberate malice, without horror." [Here he read the letter above, Dr. Franklin being all the time present.]—Amidst these tragical events, of one person nearly murdered, of another answerable for the issue, of a worthy governor hurt in his dearest interests, the fate of America in suspense; here is a man, who, with the utmost insensibility of remorse, stands up and avows himself the author of all. I can compare it only to Zanga in Dr. Young's Revenge.[132]
"Know then 'twas——I:
I forged the letter, I disposed the picture;
I hated, I despised, and I destroy.
"I ask, my lords, whether the revengeful temper, attributed by poetic fiction only to the bloody African, is not surpassed by the coolness and apathy of the wily American?"
These pleadings for a time worked great effect: the lords assented, the town was convinced, Dr. Franklin was disgraced[133], and Mr. Wedderburn seemed in the road for every kind of advancement.—Unfortunately for Mr. Wedderburn, the events of the war did not correspond with his systems. Unfortunately too for his "irrefragable argument," Dr. Franklin afterwards took an oath in chancery[134], that at the time that he transmitted the letters he was ignorant of the party to whom they had been addressed, having himself received them from a third person, and for the express purpose of their being conveyed to America. Unfortunately also for Mr. Wedderburn's "worthy governor," that governor himself, before the arrival of Dr Franklin's packet in Boston, sent over one of Dr. Franklin's own "private" letters to England, expressing some little coyness indeed upon the occasion, but desiring secrecy, lest he should be prevented procuring more useful intelligence from the same source[135]. Whether Mr. Wedderburn in his speech intended to draw a particular case and portraiture, for the purpose only of injuring Dr. Franklin, or meant that his language and epithets should apply generally to all, whether friends or foes, whose practice should be found similar to it, is a matter that must be left to be adjusted between governor Hutchinson and Mr. Wedderburn.
But to return to Dr. Franklin. It was not singular perhaps, that, as a man of honour, he should surrender his name to public scrutiny in order to prevent mischief to others, and yet not betray his coadjutor (even to the present moment) to relieve his own fame from the severest obloquy; but perhaps it belonged to few besides Dr. Franklin, to possess mildness and magnanimity enough to refrain from intemperate expressions and measures against Mr. Wedderburn and his supporters, after all that had passed. B. V.
[131] i. e. Fur (or thief).
[132] Act Vth.
[133] He was dismissed from his place in the post-office.
[134] A copy of the proceedings in chancery has been in my possession, but being at present mislaid I speak only from memory here.
[135] See the Remembrancer for the year 1776, part 2d. p. 61 col. 1st, and 2d.