The Preliminary Hearing before the Privy Council Committee for Plantation Affairs on the Petition from the Massachusetts House of Representatives for the Removal of Hutchinson and Oliver (I)
Printed in [Israel Mauduit,] The Letters of Governor Thomas Hutchinson and Lieut. Governor Oliver...with the Assembly’s Address, and the Proceedings of the Lords Committee of Council... [1st issue of 1st ed., Yale University Library;] London, 1774), pp.*77-*80 of first pagination.
At the Council Chamber, Jan. 11, 1774. Present, Lord Presi-
Dr. Franklin’s Letter, and the Address, Mr. Pownal’s Letter, and

Mr. Wedderburn. The Address mentions certain papers. I would 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 not 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 Council would have been employed on this occasion.

Court. Had you not notice sent you of Mr. Mauduit’s having petitioned to be heard by Council on behalf of the Governor and Lieutenant Governor?

Dr. Franklin. I did received such notice, but I thought that this had been a matter of politics and not of law, and have not brought any Council.

Court. Where a charge is brought, the parties have a right to be heard by Council or not, as they chuse.

Mr. Mauduit. My Lords, I am not a native of that country, as these Gentlemen are. I well know Dr. Franklin’s great abilities, and wish to put the defence of my friends more upon a parity with the attack; he will not therefore wonder that I chuse to appear before your Lordships with the assistance of Council. 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 Council, in defending them against this unjust accusation.

Court. Dr. Franklin may have the assistance of Council, or go on without it, as he shall chuse.

Dr. Franklin. I desire to have Council.

Court. What time shall you want?

Dr. Franklin. Three weeks. Ordered, That the further proceedings be on Saturday 29th instant.

626429 = 021-019a.html