In the name and by order of the house of representatives,
TO THE LORDS COMMITTEE OF HIS MAJESTY'S PRIVY COUNCIL FOR PLANTATION AFFAIRS.
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.
_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.
_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.