ficient reparation to, reverend sir, your most obedient humble servant,

B. FRANKLIN.'

Feb. 7, 1775, no answer has yet been received to the above letter.

B. F.

DLIX

TO THOMAS CUSHING

LONDON, 15 February, 1774.

SIR:-I wrote a line to you by the last packet, just to acquaint you there had been a hearing on our petition. I shall now give you the history of it as succinctly as I can.

We had long imagined that the king would have considered that petition, as he had done the preceding one, in his cabinet, and have given an answer without a hearing, since it did not pray punishments or disabilities on the governors. But on Saturday, the 8th of January, in the afternoon, I received notice from the clerk of the council that the Lords of the Committee for Plantation Affairs would, on the Tuesday following at twelve, meet at the Cockpit, to take into consideration the petition referred to them by his Majesty, and that my attendance was required.

I sent directly to Mr. Arthur Lee, requesting a meeting, that we might consult upon it. He was not at his chambers, but my note was left for him.

I In a future edition of his work, Dean Tucker omitted the offensive passages, but with so ill a grace as to still further impair his character for fairness and magnanimity.

Sunday morning I went to Mr. Bollan and communicated the affair to him. He had received a similar notice. We considered whether it was best to employ other counsel, since Mr. Lee, he said, could not be admitted as such, not being yet called to the bar. He thought it not advisable. He had sometimes done it in colony cases and found lawyers of little service. Those who are eminent, and hope to rise in their profession, are unwilling to offend the court, and its disposition on this occasion was well known. But he would move to be heard in behalf of the council of the province, and thence take occasion to support the petition himself.

I went and sent again to Mr. Lee's chambers in the Temple, but could not meet with him, and it was not till near the end of the week that I learnt he was at Bath. On Monday, very late in the afternoon, I received another notice, that Mr. Mauduit, agent for the governor and lieutenant-governor, had asked and obtained leave to be heard by counsel on the morrow in their behalf. This very short notice seemed intended to surprise us. On Tuesday we attended at the Cockpit, and, the petition being read, I was called upon for what I had to offer in support of it, when, as had been concerted between us, I acquainted their Lordships that Mr. Bollan, then present, in pursuance of their notice, would speak to it.

He came forward and began to speak; but objection was immediately made by some of the Lords, that he, being only agent for the council, which was not a party to this petition, could not properly be heard on it. He, however, repeatedly endeavored to

obtain leave to speak, but without effect; they would scarce hear out a sentence, and finally set him aside. I then said that, with the petition of the House of Representatives, I had received their resolutions which preceded it, and a copy of the letters on which those resolutions were founded, which I would lay before their Lordships in support of the petition.

The resolutions were accordingly read; but, when the letters were taken up, Mr. Wedderburn, the solicitor-general, brought there as counsel for the governors, began to object, and inquire how they were authenticated, as did also some of the Lords. I said the authentications were annexed. They wanted to know the nature of them. I said that would appear when they were read, and prayed they would hear them. Lord Chief-Justice De Grey asked whom the letters were directed to; and, taking them in his hand, observed there was no address prefixed to any of them. I said that, though it did not appear to whom they were directed, it appeared who had written them; their names were subscribed; the originals had been shown to the gentlemen themselves, and they had not denied their handwriting; and the testifications annexed proved these to be true copies.

With difficulty I obtained leave to have the authentications read; and the solicitor-general proceeding to make observations as counsel for the governors, I said to their Lordships that it was some surprise to me to find counsel employed against the petition; that I had no notice of that intention till late in the preceding day; that I had not purposed troubling

their Lordships with the hearing of counsel, because I did not conceive that any thing could possibly arise out of the petition, any point of law or of right, that might require the discussion of lawyers; that I apprehended this matter before their Lordships was rather a question of civil or political prudence, whether, on the state of the fact that the governors had lost all trust and confidence with the people, and become universally obnoxious, it would be for the interest of his Majesty's service to continue them in those stations in that province; that I conceived this to be a question of which their Lordships were already perfect judges, and could receive no assistance in it from the arguments of counsel; but, if counsel was to be heard on the other side, I must then request leave to bring counsel in behalf of the Assembly, and that their Lordships would be pleased to appoint a further day for the hearing, to give time for preparing the counsel.

Mr. Mauduit was then asked if he would waive the leave he had, of being heard by counsel, that their Lordships might proceed immediately to consider the petition. He said he was requested by the governors to defend them, and they had promised to defray the expense, by which he understood that they expected he should employ counsel; and then, making me some compliments, as if of superior abilities, said he should not against me, hazard the defence of his friends by taking it upon himself. I said I had intended merely to lay the papers before their Lordships, without making a single comment on them. But this did not satisfy; he chose to be heard by

counsel. So finally I had leave to be heard by counsel also in behalf of the petition. The solicitorgeneral, finding his cavils against the admission of the letters were not supportable, at last said that, to save their Lordships' time, he would admit the copies to be true transcripts of the originals, but he should reserve to himself a right, when the matter came on again, of asking certain questions, such as how the Assembly came into possession of them, through what hands, and by what means they were procured. "Certainly," replied Lord Chief-Justice De Grey, somewhat austerely, "and to whom they were directed; for the perfect understanding of the passages may depend on that and other such circumstances. We can receive no charge against a man founded on letters directed to nobody, and perhaps received by nobody. The laws of this country have no such practice." Lord President, near whom I stood, as I was putting up my papers, asked me if I intended to answer such questions. In that, I said, I shall take counsel. The day appointed for the hearing was the 29th of January.

Several friends now came to me and advised me to retain Mr. Dunning, formerly solicitor-general, and very able in his profession. I wished first to consult with Mr. Lee, supposing he might rather be for his friend, Mr. Sergeant Glynn. I found Mr. Lee was expected in town about the latter end of the week, and thought to wait his coming; in the meantime I was urged to take Mr. Dunning's advice as to my own conduct if such questions should be asked me. I did so, and he was clear that I was not and could not be