FOOTNOTES:

[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.