licitor-general and counsel
for Hutchinson and Oliver. Franklin then spoke with admirable keenness
and skill. He said that he had not conceived the matter to call for
discussion by lawyers; but that it was 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." Of this he conceived
their lordships to be "perfect judges," not requiring "assistance from
the arguments of counsel." Yet if counsel was to be heard he asked an
adjournment to enable him to engage and instruct lawyers. Time was
accordingly granted, until January 29. Wedderburn waived his objection
to the copies, but both he and Lord Chief Justice De Grey intimated that
inquiry would be made as to "how the Assembly came into possession of
them, through whose hands and by what means they were procured, ... and
to whom they were directed." This was all irrelevant to the real issue,
which had been sharply defined by Franklin. The lord president, near
whom Franklin stood, asked him whether he intended to answer such
questions. "In that I shall take counsel," replied Franklin.

The interval which elapsed before the day nominated could not have been
very lightsome for the unfortunate agent for the Massachusetts Bay. Not
only had he the task of selecting and instructing competent counsel, but
even his self-possessed and composed nature must have been severely
harassed by the rumors of which the air was full. He heard from all
quarters that the ministry and courtiers were highly enraged against
him; he was called an incendiary, and the newspapers teemed with
invectives against him. He heard that he was to be apprehended and sent
to Newgate, and that his papers were to be seized; that after he had
been sufficiently blackened by the hearing he would be deprived of his
place; with disheartening news also that the disposition of the petition
had already been determined.[32] At the same time a subpoena was
served upon him at the private suit of Whately, who was under personal
obligations to him, but was also a banker to the government. Certainly
the heavens threatened a cloudburst with appalling thunder and dangerous
lightning.

[Note 32: Franklin's _Works_, v. 297, 298.]

Upon reflection Franklin was disposed to do without counsel, but Mr.
Bo