r I ;\\-, t' \ \ ill i I \ k '( /^' J. a • ^ /^ » / ' -oo*- ^-^ ^^^ - -». My ^^3 f '^■''^ ^ ■ "^ '^^'' -^ .' «-/ ^ <^ ^^ »/vw^*/ v.i/i / l/' /. Kc'w^.VA .^uU as Co a^ 9 S T/l^Ct-t-^'T^ 'H^''. (ryi-inr 'm far Simt/i's dhrnJ i/'n/ws if c^m'/ma w/wsi' /hi/Jia //'y^'-^"^ '^'^ 1. ... -— -^-^ ^^'--^ ^4 Su^f/frf iUflrH (rJ4~(rr W f-y,?. * mission-broker ; that is, lord Granby bargains for the sale of commissions ; for it must have this mean- ing, if it has any at all. But where is the man living who can justly charge his lordship with such mean practices ? Why does not Junius produce him ■* Junius knows that he has no other means of wound- ing this hero, than from some missile weapon, shot from an obscure corner. He seeks, as all such defamatory writers do, spargere voces In -s-ulgum ambiguas, to raise suspicion in the minds of the people. But I hope that my countrymen will be no longer im- posed upon by artful and designing men, or by wretches, who, bankrupts in business, in fame, and in fortune, mean nothing more than to involve this country in the same common ruin with themselves. Hence it is, that they are constantly aiming their dark, and too often fatal, weapons against those who stand forth as the bulwark of our national safety. Lord Granby was too conspicuous a mark not to be their object. He is next attacked for being unfaithfu. to his promises and engagements ? Where are Junius's proofs ? Although I could give some in- stances where a breach of promise would be a virtue, especially in the case of those who would pervert the open unsuspecting moments of convivial mirth into sly insidious applications for preferment or party- JUNIUS'S LETTERS. 41 systems ; and would endeavour to surprise a good man, who cannot bear to see any one leave him dissatisfied, into unguarded promises. Lord Granby's attention to his own family and relations is called selfish. Had he not attended to them, when fair and just opportunities presented themselves, I should have thought him unfeeling, and \ou\ of reflection indeed. How are any man's friends or relations to be pro- vided for, but from the influence and protection of the patron ? It is unfair to suppose that lord Granby's fi-iends have not as much merit as the friends of any other great man. If he is generoua at the public expense, as Junius invidiously calls it, the public is at no more expense for his lordship's friends, than it would be if any other set of men possessed those offices. The charge is ridiculous. The last charge against lord Granby is of a most serious and alarming nature indeed. Junius asserts, that the army is mouldering away, for want of the direction of a man of common abilities and spirit. The present condition of the army gives the directest lie to Ins assertions. It was never upon a more res- pectable footing with regard to discipline and all the essentials that can form good soldiers. Lord Ligo- nier delivered a firm and noble palladium of our safeties into lord Granby's hands, who has kept it in the same good order in which he received it. The strictest care has been taken to fill up the vacant commissions with such gentlemen as have the glory of their ancestors to support, as well as their own ; and are doubly bound to the cause of their king and country, from motives of private property, as well as public spirt. Tiic adju'ant-general, who lias the 42 TUNIUS'S LETTERS. immediate care of the troops after lard Granby, is an officer that ^Vould do great honour to any service in Europe, for his correct arrangements, good sense and discernment upon all occasions, and for a punctuality and precision which give the most entire satisfaction to all who are obliged to consult him. The reviewing generals, who inspect the army twice a-year, have been selected with the greatest care, and have answered the important trust reposed in them in the most laudable manner. Their reports of the condition of the army are much more to be credited than tliose of Junius, whohi I do advise to atone for his shameful aspersions, by asking pardon of lord Granby and the whole kingdom, whom he has oflended by his abominable scandals. In short, to turn Junius's own battery against him, I must assert in his own words, " that he has given strong assertions without proof, declamation without argu- ment, and violent censures without dignity or mo- deration." WILLIAM DRAPER. in. To Sir JVilUam Drape" ^ KnigJit of the Bath. SIR, February 7, 1769. Your defence of lord Granby does honour to the goodness of your heart. You feel, as you ought to do, for the reputation of your friend, and you express yourself in the warmest language of your JUNIUS'S LETTERS. 43 passions,. n any other cause, I doubt not you would have cautiouslj' weighed the consequences of committing your name to the licentious discourses and malignant opinions of the world : but here, I presume, you thought it would be a breach of friendship, to lose one moment in consulting your understanding ; as if an appeal to the public were no more than a military coup de main, where a brave man has no rules to follow but the dictates of his courage. Touched with your generosity, I freely forgive the excesses into which it has led you ; and, far from resenting those terms of re- proach, which, considering that you are an advo- cate for decorum, you have heaped upon me rather too liberally, I place them to the account of an honest unreflecting indignation, in which your cooler judgment and natural politeness had no con- cern. I approve of the spirit with which you have given your name to the public ; and, if it were a proof of any thing but spirit, I should have thought myself bound to follow your example. I should have hoped that even mij name might carry some authority with it, if I had not seen how very little weight or consideration a printed paper receives, even from the respectable signature of sir William Draper. You begin with a general assertion, that writers, such as I am, are the real cause of all the public evils we complain of And do you really think, sir William, that the licentious pen of a political writer is able to produce such important effects ? Pi. little calm reflection might have shown you, that national calamities do not arise from the description, 44 JUNIUS'S LETTERS. bill from the real character and condnct of ministers To have supported your assertion, you should have proved, that the present ministry are unquestionably the best and brightest characters of the kingdom ; and that, if the affections of the colonies have been alienated, if Corsica has been shamefully abandoned, if commerce languishes, if public credit is threatened with a new debt, and your own Manilla ransom most dishonourably given up, it has all been owing to the malice of political writers, who will not suffer the best and brightest characters (meaning still the present ministry) to take a single right step for the honour or interest of the nation. But it seems you were a little tender of coming to particulars. Your conscience insinuated to you that it would be prudent to leave the characters of Grafton, North, Hillsborough, Weymouth, and Mansfield, to shift for themselves ; and truly, sir William, the part you have undertaken is at least as much as you are equal to. Without disputing lord Granby's courage, we are yet to learn in what articles of military knowledge nature has been so very liberal to his mind. If you have served with him, you ought to have pointed out some instances of able disposition and well-concerted enterprise, which might fairly be attributed to his capacity as a general. It is you sir William, who make your friend appear awkward and ridiculous, by giving him a laced suit of tawdry qualifications, which nature never intended him to wear. You say, he has acquired nothing but honour in the field .'* Is the ordnance ^'othino: ? Are the Blues JUNIUS'S LETTERS. 45 nothing ? Is the command of the army, with all the patronage annexed to it, nothing ? Where he got all these nothings I know not ; but you, a.t least, ought to have told us when he deserved them. As to his bount}'^, compassion, &;c. it wou.W have been but little to the purpose, though you had proved all that you have asserted. I meddle with nothing but his character as commander-in-chief; and, though I acquit him of the baseness of selling commissions, I still assert, that his military cares have never extended beyond the disposal of vacan- cies; and I am justified by the complaints of the whole army, when I say, that, ni this distribution, he consults nothing but parliamentary interest, or the gratification of his immediate dependents. As to his servile submission to the reigning ministry, let me ask, whether he did not desert the cause of the whole arm}', when he. suffered sir Jeffery Amherst to be sacrificed, and what share he had in recalling that officer to the service .'' Did he not betray the just interest of the army in permitting lord Percy to have a regiment ? And does he not, at this moment, give up all character and dignity as a gentleman, in receding from his own repeated declarations in favour of Mr. Wilkes ? In the two next articles, I think, we are agreed. You candidly admit, that he often makes such pro- mises as it is a virtue in him to violate, and that no man is more assiduous to provide for his relations at the public expense. I did not urge the Jast as an absolute vice in his disposition, hut to prove that a careless, disinterested spirit is no part of his character: and as to the other, I desire it may be remembered, 46 JUNIUS'S LETTERS. that I never dcsccnclcd to the indecency of inquiring into his convivial hours. It is you, sir William Dra- per, who have taken pains to represent your friend in the character of a drunken landlord, who deals out his promises as liberally as his liquor, and will suffer no man to leave his table either sorrowful or sober. None but an intimate friend, who 'must fre- quently have seen him in these unhappy, disgraceful moments, could have described him so wtII. The last charge, of the neglect of the army, is indeed the most material of all. 1 am sorry to tell you, sir William, that in this article your first fact is false : and as there is nothing more painful to me than to give a direct contradiction to a gentleman of your appearance, I could wish, that, in your future publications, you would pay a greater attention to the truth of your premises, before you suffer your genius to hurry you to a conclusion. Lord Ligonier did not deliver the army (which you, in classical language, are pleased to call :i palladium) into lord Granby's hands. It was taken from him, much against his inclination, some two or three years before lord Granby was commander-in-chief. As to the state of the army, I should be glad to know where you have received your intelligence. AVas it in the rooms at Bath, or at your retreat at Clifton ? The reports of reviewing generals comprehend only a few regiments in England, which, as they are immediately under the royal inspection, are perhaps in some tole- rable order. But do you know any thing of the troops in the West Indies, the Mediterranean, and North America; to say nothing of a whole army absolutely ruined in Ireland ,'' Inquire a little into JUNIUS'S LETTERS. 47 facts, sir William, before you publish your next panegyric upon lord Granl)y ; and, believe me, you will find there is a fault at head-quarters, which even the acknowledged care and abilities of the adjutant- general cannot correct. Permit mc now, sir William, to address myself personally to you, by way of thanks for the honour of your correspondence. You are by no means un- deserving of notice ; and it may be of consequence, even to lord Granby, to have it determined, whether or no the man, who has praised him so lavishly, be himself deserving of praise. When you returned to Europe, you zealously undertook the cause of that gallant army, by v. hose bravery at Manilla your own fortune had been established. You complained, you threatened, you even appealed to the public in print. Bv what accident did it happen, that, in the midst of all this bustle, and all these clamours for justice to your injured troops, the name of the Manilla ransom was suddenly buried in a profound, and, sinL-e that time, an uninterrupted silence? Did the ministry suggest any motives to you strong enough to tempt a man of honour to desert and betray the cause of his fellow soldiers ? Was it that blushing ribbon which is now the perpetual ornament of your person ? Or was It that regiment which you afterwards (a thing unpre- cedented among soldiers) sold to colonel Gisborne f Or was it that government, the full pay of which you are contented to hold, with the half-pay of an Irish colonel ? And do you now, after a retreat not very like that of Scipio, presume to intrude yourself, unthought of, uncalled for, upon the patience of tiie public ? Arc your flatteries of the coinmandcr-in- 43 JUNIUS'S LETTERS. clilo'f, directed to another regiment, whi:li you may again dispose of on the same honourable terms ? We know your prudence, sir William ; aad I should he sorry to stop your preferment. JUNIUS. IV. To Junius. SIR, February 17, 1769. I received Junius's favour last night : he is deter- mined to keep his advantage by the help of his mask : it is an excellent protection : it has saved manv a man from an untimely end. But whenever he will be honest enough to lay it aside, avow him- self, and produce the face which has so long lurked behind it, the world will be able to judge of his motives for writing such infamous invectives. His real name will discover his freedom and indepen- dency, or his servility to a faction. Disappointed ambition, resentment for defeated hopes, and desire of revenge, assume but too often the appearance of public spirit : but, be his designs wicked or chari- table, Junius should learn, that it is possible to condemn measures without a barbarous and crim- inal outrage against mer. Junius delights to mangle carcases w ith a hatchet ; his language and instrument have a great connexion with Clare- market, and, to do him justice, he handles his weapon most admirably. One would imagine he had been taught to throw it bv \he savp.ircs of America. It is. JUNIUS'S LETTERS. 49 therefore, high time for nre to step in once more to shield my friend from this merciless weapon, although I may be wounded in the attempt. But I must first ask Junius by what forced analogy and construction, the moments of convivial mirth are made to signify- indecency, a violation of engagements, a drunken landlord, and a desire that every one in company should be drunk likewise ? He must have culled all the flowers of St. Giles's and Billingsgate to have produced such a piece of oratory. Here the hatchet descends with tenfold vengeance : but, alas ! it hurts no one but its master ! For Junius must not think to put words into my mouth, that seem too foul even for his own. My friend's political engagements I know not ; so cannot pretend to explain them, or assert their con- sistency. I know not whether Junius be considerable enough to belong to any party. If he should be so, can he affirm that he has always adhered to one set of men and measures ? Is he sure that he has never sided with those whom he was first hired to abuse .'' Has he never abused those he was hired to praise .'' To say the truth, most men's politics sit much too loosely about them. But as my friend's military character was the chief object that engaged me in this controversy, to that I shall return. Junius asks, what instances my friend has given of his military skill and capacity as a general ? When and where he gained his honour ."* When he deserved his emoluments ? The united voice of the army which served under him, the glorious testimony of prince Ferdinand, and of vanquished enemies, all Germany will tell him. Junius re- C 2 50 jaNIUS'S LETTERS. peats the complaints of the army against parlia- mentary influence. I love the army too well not to wish that such influence were less. Let Junius point out tlie time when it has not prevailed. It was of the least force in the time of that great man, the late duke of Cumberland, who, as a prince of the blood, was able, as well as willing, to stem a torrent which would have overborne any private sul)ject. In time of war, this influence is small. In peace, when discontent and faction have the surest means to operate, especially in this coun- try, and when, from a scarcity of public spirit, the wheels of government are rarely moved but by the power and force of obligations, its weight is always too great. Yet, if this influence, at present, has done no greater harm than the placing earl Percy at the head of a regiment, I do not think that either the rights or best interests of the army are sacri- ficed and betrayed, or the nation undone. Let me ask Junius, if he knows any one nobleman in the army who has had a regiment by seniority .'* I feel Tiyself happy in seeing young noblemen of illus- trious name and great property come amongst us They are an additional security to the kingdom from foreign or domestic slavery. Junius needs not be told, that, should the time ever come when this nation is to be defended only by those who have nothing more to lose than their arms and their pay, its danger will be great indeed. A happy mixture of men of quality with soldiers of fortune is always to be wished for. But the main point is still to be contended for ; I mean the discipline and condition of the army ; and I must still maintain, though con- JUNIUS'S LETTERS. 51 tradicted by Junius, that it was never upon a more respectable footing, as to all the essentials that can form good soldiers, than it is at present. Junius is forced to allow, that our army at honie may be in some tolerable order ; yet, how kindly does he in- vite our late enemies to the invasion of Ireland, by assuring them that the army in that kingdom is totally ruined ! (The colonels of that army arc much obliged to him.) I have too great an opinion of the military talents of the lord-lieutenant, and of all their diligence and capacity, to believe it. If, from some strange unaccountable fatality, the people of that kingdom camiot be induced to consult their own security, by such an effectual augmentation as may enable the troops there to act with power and energy, is the commander-in-chief here to blame .'' Or, is he to blame, because the troops in the Medi- terranean, in the West Indies, in America, labour under great difficulties from the scarcity of men, which is but too visible all over these kingdoms ? Many of our forces are in climates unfavourable to British constitutions ; their loss is in proportion. Britain must recruit all these regiments from her own emaciated bosom ; or, more precariously, by catholics from Ireland. We are likewise subject to the fatal drains to the East Indies, to Senegal, and the alarming emigrations of our people to other countries. Such depopulation can only be repaired by a long peace, or by some sensible bill of natural- ization. I must now take the liberty' of addressing Junius ou my own account. He is pleased to tell me that he addresses himself to rne personally : I shall be 52 JUNIUS'S LETTERS. glad to see him. It is his impersondhty that I com- plain of, and his invisible attacks : for his dagger in the air is only to be regarded, because one cannot see the hand which holds it j but, had it not wounded otiier people more deeply than myself, I should not have obtruded myself at all on the patience of the public. Mark how plain a tale shall put him down, and transfuse the blush of my ribbon into his own cheeks. Junius tells me, that at my return, I zealously under- took the cause of the gallant army, by whose bra- very at Manilla my own fortunes were established j that I complained, that I even appealed to the public. I did so ; I glory in having done so, as I had an undoubted right to vindicate my own character, attacked by a Spanish memorial, and to assert the rights of my brave companions. I glory, likewise, that I have never taken up my pen but to vindicate the injured. Junius asks, by what accident did it happen, that, in the midst of all this bustle, and all the clamours for justice to the injured troops, the Manilla ransom was suddenly buried in a profound, and, since that time, an uninterrupted silence ? 1 will explain the cause to the public. The several ministers who have been employed since that time have been very desirous to do justice, from two most laudable motives: a strong inclination to assist injured bravery, and to acquire a well-deserved popularity to themselves. Their efforts have been in vain. Some were ingenuous enough to own, that they could notihink of involving this distressed nation in another war for our private concerns. In short, our lights, for tlie present, are sacrificed to JUNIUS'S LETTERS. id national convenience ; and I must confess, that al- though I may lose tive-and-twenty thousand pounds by their acquiescence to this breach of faith in the Spaniards, I think they are in the right to temporize, considering the critical situation of this country, convulsed in every part, by poison infused by anonj^mous, wicked, and incendiary writers. Lord Shelburne will do me the justice to own, that in September last, I waited upon him with a joint me-' morial from the admiral, sir S. CoDiish, and myself, in behalf of our injured companions. His lordship was as frank upon the occasion as other secretaries had been before him. He did not deceive us, by giving any immediate hopes of relief. Junius would basely insinuate, that my silence may have been purchased by my goverment, by my blushing ribbon, by my regiment, by the sale of that regiment, and by half-pay as an Irish colonel. His majesty was pleased to give me my govern- ment for my service at Madras. I had my first regiment in 1757. Upon my return from jManilla, his majesty, by lord Egremont, informed me, that I should have the first vacant red ribbon, as a reward for many services in an enterprise which I had planned as well as executed. The duke ot Bedford and Mr. Grenville confirmed these assu- rances, many montlis before the Spaniards had pro- tested the ransom bills. To accomodate lord Clive. then going upon a most important service to Bengal, I waved my claim to the vacancy which then hap- pened. As there was no other vacancy until the duke of Grafton and lord Rockingham were joint ministers, I was then honoured witl he order ; :ind 54 JUNIUS'S LETTERS it is surelj' no small honour to me, that, in sucn a succession of ministers, they were all pleased to think that I had deserved it ; in my favour they were all united. Upon the reduction of the 79th regiment, which had served so gloriously in the East Indies, his majesty, unsolicited by me, gave me the IGtIi of foot as an equivalent. My motives for retiring, afterwards, are foreign to the purpose: let it suffice, that his majesty was pleased to approve of them : the}' are such as no man can think indecent, who knows the shocks that repeated vicissitudes of lieat and cold, of dangerous and sickly climates, will give to the best constitutions, in a pretty long course of service. I resigned my regiment to colonel Gisborne, a very good officer, for his half-pay, and 200?. Irish annuity : so that, according to Junius, I have been bribed to say nothing more of the Manilla ransom, and to sacrifice those brave men, by the strange avarice of accepting 380?. per annum, and giving up 800?. ! If this be bribery, it is not the bribery of these times. As to my flattery, those who know me will judge of it. By the asperity of Junius's style, I cannot, indeed, call him a flatterer, unless he be as a cynic or a mastiff: if he wags his tail, he wil still growl, and long to bite. The public will now judge of t)ie credit that ought to be given to Junius's writings, from the falsities that he has insinuated with respect to myself. WILUAIM DRAPER. JUNIUS'S LETTERS. 65 V. To Sir William Dj'oper, Knight of the Bath. SIR, February 21, 1769- I should justly be suspected of acting upon motives of more than common enmity to lord Granby, if I continued to give you fresh materials or occasion for writing in his defence. Individuals who hate, and the public who despise, have read your letters, sir William, with infinitely more satisfaction than mine. Unfortunately for him, his reputation, like that unhappy country to which you refer me for his last military achievements, has suflered more by his friends than his enemies. In mercy to him, let us drop the subject. For my own part, I willingly leave it to the public to determine, whether your vindication of your friend has been as able and ju- dicious as it was certainly well intended : and you, I think, may be satisfied with the warm acknow- ledgments he already owes you, for making him the principal figure iu a. piece, in which, but for your amicable assistance, he might have passed without particular notice or distinction. In justice to your friends, Jet your future labours be confined to the care of your own reputation. Your declaration, that you are happy in seeing young noblemen come among us, is liable to two ob- jections. With respect to lord Percy, it means nothing ; for he was already in the army. He was IK< JUNIUS'S LETTERS. aide-de-camp to the king, and had the rank of colonel. A regiment, tlierefore, conld not n/aUe him a more military man, though it made him richer ; and probabl}' at the expense of some brave, deserv- ing, friendless oflicer. The other concerns your- self. After selling the companions of your victory in one instance, and after selling your profession in the other, by what authority do you presume to call yourself a soldier ? The plain evidence of facts is superior to all declarations. Before you were ap- pointed to the 16th regiment, your complaints v.ere a distress to government : from that moment you were silent. The condition is inevitable. You insinuate to us, that your ill state of health obliged you to quit the service. The retirement necessary to repair a broken constitution would have been as good a reason for not accepting, as for resigning, the command of a regiment. There is certainly an error of the press, or an affected obscurity in that paragraph, where you speak of your bargain with coloiiel Gisborne. Instead of attempting to answer what I do not really understand, permit me to explain to the public what I really know. In exchange for your regiment, you accepted of a colonel's half-pay, (at least 220Z. a year) and an annuity of 200Z. for your own and lady Draper's life jointly. And is this the losing bargain, which you would represent to us, as if you had given up an income of 800^. a year for 3S0Z. ? Was it decent, was it honourable, in a man who pretends to love the army, and calls himself a soldier, to make a traffic of the royal fa- vour, and turn the highest honour of an active pro- fession into a sordid provision for himself and his JUNIUS'S LETTERS. 57 family ? It were unworthy o'f me to press you far- ther. The contempt with which the whole army heard of the manner of your retreat, assures me, that, as your conduct was not justified by precedent, it will never be thought an example for imitation. The last and most important question remains. When you receive your half-pa}^ do you or do you not, take a solemn oath, or sign a declaration, upon your honour, to the following effect ? Thai you do not actually hold any place of profit, civil or viili- tary, under his majesty. Tiie charge which the question plainly conveys against you, is of so shock- ing a complexion, that I sincerely wish you may be able to answer it well ; not merely for the colour of your reputation,, but for your own inward peace of mind. t=£*^ ^ d JUNIUS. m. ■Htk » |ei4i&J4#-- To Junius. SIR, February 27, 17C9. I have a very short answer for Junius's important question. I do not either take an oath, or declare upon my honour, that I hold no place of profit, civil or military, when I receive the half-pay as an Irish colonel : my most gracious sovereign gives it me as a pension : he was pleased to think I deserved it. The annuity of 2001. Irish, and the equivalent for the half-pay, togetlicr produce no more than 3S0l c 2 £8 JUNIUS'3 LETTERS. per annum, clear of fees and perqirisitcs of ofllce. I receive 167/. from my government of Yarmouth. Total 547Z. per annum. My conscience is much at ease in these pai'ticulars ; my friends need not blush for me. Junius makes much and frequent use of interro- gations : they are arms that may be easily turned against himself. I could, by malicious interroga- tion, disturb the peace of the most virtuous man in the kingdom. I could take the decalogue, and say to one man. Did you never steal ? To the next. Did you never commit murder ? And to Junius himself, who is putting my life and conduct to the rack. Did you never " bear false witness against thy neighbour .f*" Junius must easily see, that, un- less he affirms to the contrary, in his real name, some people, who may be as ignorant of kirn as I am, will be apt to suspect him of having deviated a little from the truth : therefore let Junius ask no more questions. You bite against a file : Cease viper ! JUNIUS'S LETTERS. 69 VII. To Sir William Draper^ Knight of the Bath. SIR March 3, 1769. An academical education has given you an un- limited command over the most beautiful figures of speech. Masks, hatchets, racks, and vipers, dance through your letters in all the mazes of metaphorical confusion. These are the gloomy companions of a disturbed imagination ; the melancholy madness of poetry, without the inspiration. I will not contend with you in point of composition : you are a scholar, sir William; and, if I am truly informed, you write Latin with almost as much purity as English. Suf- fer me then (for I am a plain unlettered man) to continue that style of interrogation which suits my capacity, and to which, considering the readiness of your answers, you ought to have no objection. Even Mr. Bingley* promises to answer, if put to the torture. Do you then really think, that, if I were to ask a most virtuous man, whether he ever committed theft or murder, it would disturb his peace of mind ^ Such a question might, perhaps, discompose the * This man, being committed by the court of king's bench for contempt, voluntarily made oath that he would never answer interj-ogatories unless he should be put to the torture. QO JUNIUS'S LETTERS. gravity of his muscles, but I believe' it would little affect the trnnquillity of his conscience. Examine yeur own breast, sir William, and you will discover that reproaches and inquiries have no power to afflict either the man of unblemished integrity or the abandoned profligate. It is the middle compound character which alone is vulnerable ; the man who, without firmness enough to avoid a dishonourable action, has feeling enough to be ashamed of it I thank you for the hint of the decalogue^ and shall take an opportunity o^ applying it to some of your most virtuous friends in both houses of par- liament. You seem to have dropped the affair of your regi- ment; so let it rest. When you are appointed to another, I dare say you will not sell it either for a gross sum, or for an annuity upon lives. I am truly glad (for really, sir William, I am not your enemy, nor did I begin this contest with you) that you have been able to clear yourself of a crime, though at the expense of the highest indiscretion. You say that your half-pay was given you by way of pension. I will not dwell upon the singularity of uniting in your own person two sorts of provision, which, in their own nature, and in all military and parliamentary views, arc incompatible; but I call upon 3'ou to justify that declaration, wherein you charge your sovereign with having done an act in your favour notoriously against law. The half-pay, both in Ireland and England, is appropriated by parliament; and if it be given to persons who, like you, are legally incapable of holding it, it is a breach ef law. It would have b^cn more decent in you to JUNIUS'S LETTERS. €1 have called this dishonourable transaction by its true name j ^job, to accommodate two persons, by par- ticular interest and management at the castle. — What sense must government have had of your ser- vices, when the rewards they have given you are only a disgrace to you ! And now, sir William, I shall take my leave of you for ever. Motives i ery different from any ap- prehension of your resentment make it impossible you should ever know me. In truth, you have some reason to hold yourself indebted to me. From the lessons I have given you, you may collect a pro- fitable instruction for your future life. They will either teach you so to regidate your future conduct, as to be able to set the most malicious inquiries at defiance ; or, if that be a lost hope, they will teach vou prudence enough not to attract the public atten- tion to a character, which will only pass without censure, when it passes without observation.* JUNIUS. • It has been said, I believe truly, that it was signified to sir William Draper, as the request of lord Granby, that he should desist from writing in his lordship's defence. Skr William Draper certainly drew Junius forward to say more of lord Granby's character than he originally intended. He was reduced to the dilemma, of either being totally silenced, or of supporting his first letter. Wliether sir William had a right to reduce him to this dilemma, or to call upon hira for his name, after a voluntary attack on his side, are questions submitted to the candour of the public. The death of lord Granby was lamented by Junius, He un- doubtedly owed some compensations to the public, and 62 JTTNIUS'S LETTERS. VIII. To his Grace the Duke of Grafton. MY LORD, March 18, 1769. Befc )re you were placed at the head of affairs, it had heen a maxim of the English goverMment, not unwillingly admitted by the people, that every ungracious or severe exertion of the prerogative should be placed to the account of the minister ; but, tliat whenever an act of grace or benevolence was to be performed, the whole merit of it should be attributed to the sovereign himself* It was a wise doctrine, my lord, and equally advantageous seemed determmed to acquit himself of them. In private life, he was unquestionably that good man, who, for the interest of his country, ought to have been a great one. Bonum virum facile dixeris ! magnum libenter. I speak of him now without partiality ; I never spoke of him with resentment. His mistakes, in public conduct, did not arise either from want of sentiment, or want of judgment ; but, in general, from the difficulty of saying no to the bad peo- {)le who surrounded him. As for the rest, the friends of lord Grauby should re- member, that he himself thought proper to condemn, retract, and disavow, by a most solemn declaradon, in the house of commons, that very system of political conduct which Junius has held forth to the disapprobation of the public. * Les rois ne se sont reser\cs que les graces. lis renvoient les condamnations vers leurs officicrs. — Montesquieu. JUNIUS'S LETTERS. 63 to the king and his subjects ; for while it preserved that suspicious attention with which the people ought always to examine the conduct of ministers, it tended, at the same time, rather to increase than diminish their attachment to the person of their sovereign. If there be not a fatality attending every measure you are concerned in, by what treachery, or by what excess of folly has it happened, that those ungracious acts which have distinguished your administration, and which, I doubt not, were en- tirely your own, should carry with them a strong appearance of personal interest, and even of per- sonal enmity, in a quarter where no such interest or enmity can be supposed to exist, without the highest injustice, and the highest dishonour ? On the other hand, by what judicious management have you contrived it, that the only act of mercy to which you ever advised your sovereign, far from adding to the lustre of a character truly gracious and benevolent, should be received with universal disapprobation and disgust ? I shall consider it as a ministerial measure, because it is an odious one, and as your measure, my lord duke, because you are the minister. As long as the trial of this chairman was depend- ing, it was natural enough that government should give him every possible encouragement and support. The honourable service for which he was hired, and the spirit with which he performed it, made common cause between your grace and him. The minister, who by secret corruption, invades the freedom of elections, and the rufTian, who, by open violence destroys that freedom, are embarked in the same 64 JUNIUS'S LETTERS. bottom ; they have tlic same interests^ afiid mutually feel for each other. To do justice to your grace's humanity, you felt fir M'Quirk as you ought to do; and if you had been contented to assist him indi- recdy, without a notorious denial of justice, or openly insulting the sense of the nation, you might have satisfied every duty of political friendship, with- out committing the honour of your sovereign, or hazarding the reputation of his government. But when this unhappy man had been solemnly tried, convicted, and condemned ; when it appeared that he had been frequently employed in the same ser- vices, and that no excuse for him could be drawn either from the innocence of his former life, or the simplicity of his character ; was it not hazarding too much, to interpose the strength of the prerogative between this felon and the justice of his country .^* * JFJiiteJiall, March 11, 1769- His majesty has been graciously pleased to extend his royal mercy to Edward M'Quirk, found guilty of the murder of George Clarke, as appears by his royal warrant, to the tenour following : GEORGE R. Whereas a doubt has arisen in our roy.-i.! breast concern- ing the evidence of the death of George Clarke, from the representations of William Broomfield, esq. surgeon, and Solomon Starling, apothecary ; both of whom, as has been represented to us, attended the deceased before his death, and expressed their opinions that he did not die of the blow he received at Brentford : and whereas it appears to us diat neither of the said persons were produced as witnesses jpon the trial, though the said Solomon Starling had been examined before the coroner; and tht only person called JUNIUS'S LETTERS. 65 You ought to have known t'^at an example of this sort was never so necessary as at present ; i ' - tainly you must have known, that the lot could not have fallen upon a more guilty object. What sys- to prove that the death of the said George Clarke was occa sioned by the said blow, was John Foot, surgeon, who never saw the deceased till after his death : we thought fit thero upon to refer the said representations, togethet with the re port of the recorder of our city of London, of the evidencr given by Richard and William Beale and the said Johr Foot, on the trial of Edward Quirk, otherwise called Ed ward Kirk, otherwise called Edward M' Quirk, for the muf der of the said Clarke, to the master, wardens, and the rest of the court of examiners of the surgeons' company, com- manding them likewise to take such farther examination of the said persons, so representing, and of said John Foot, as tiiej might think necessary, together with the premises above-mentioned, to form and report to us their opinion, " Whether it did or did not appear to them that the said George Clarke died in consequence of the blow he received in the riot at Brentford on the 8th of December last." And the said court of examiners of the surgeons' company having thereupon reported to us their opinion, — " That it did not appear to them that he did ;" we have thought proper to extend our royal mercy to him the said Edward Quirk, otherwise Edward Kirk, otherwise called Edward M'Quirk, and to grant him our free pardon for the murder of the said George Clarke, of which he has been found guilty. Our will and pleasure, therefore, is. That the said Edward Quirk, otherwise called Edward Kirk, otherwise called Edwanl M'Quirk, be inserted, for the said murder, in our first and next general pardon that shall r,, n ' out for the poor convicts of Newgate, without any condition whatsoever; and that, in 66 JUNIUS'S LETTERS. tern of government is this ? You are perpetually complaining of the riotous disposition of the lower class of people ; yet when the laws have given you the means of making an example, in every sense unexceptionable, and by far the most likely to awe the multitude, you pardon the oflcncc, and are not ashamed to give the sanction of government to the riots you complain of, and even to future murders. You are partial, perhaps, to the military mode of ex- ecution ; and had rather see a score of these wretches butchered by the guards, than one of them suffer death by regular course of law. How does it hap- pen, my lord, that, in your hands, even the mercy of the prerogative is cruelty and oppression to the subject ? The measure, it seems, was so extraordinary, that you thought it necessary to give some reasons for it to the public. Let them be fairly examined. I. You say, that Messrs. Broomfield and Starling were not examined at M^ Quirk's trial. I will tell the mean time, you take bail for his appearance, in order to plead our said pardon. And for so doing this shall be your warrant. Given at our court at St. James's, the tenth day of March, 17G9, in the ninth year of our reign. By his majesty's command. ROCHFORD. To our trusty and well-beloved James Eyre, esq. recorder of our city of London, the sheriffs of our said city and county of I\liddlesex, and all others whom it may concern. JUNIUb^ LETTERS. 67 your grace why they were not. They must have been examined upon oath ; and it was foreseen, that their evidence would either not benefit, or might be prejudicial, to the prisoner. Otherwise, is *t con- ceivable that his counsel should neglect to call in such material evidence ? 2. You say, that Mi\ Foot did not see the deceased until after his death. A surgeon, my lord, must know very little of his profession, if, upon examin- ing a wound or a contusion, he cannot determine whether it was mortal or not. Wiiile the party is alive, a surgeon will be cautious of pronouncing ; whereas, by the death of the patient, he is enabled to consider both cause and effect in one view, and to speak with a certainty confirmed by experience. 3. Yet we* are to thank your grace for the estab- lishment of a new tribunal. Your inquisito post mortem^ is unknown to the laws of England, and does honour to your invention. The only material objection to it is, that if Mr. Foot's evidence was msufficient, because he did not examine the wound till after the death of the party, much less can a negative opinion, given by gentlemen who never saw the body of Mr. Clarke either before or after his decease, authorise you to supersede the verdict of a jury, and the sentence of the law. » Now, my lord, let me ask you. Has it never oc- curred to your grace, while you were withdrawing this desperate wretch from that justice which the laws had awarded, and which the whole people of Eng- land demanded against him, that there is another man, who is the favourite of his country, whose pardon would have been accepted with gratitude, 68 JUNIUS'S LETTERS. whose pardon would have healed all our divisions ? Have you quite forgotten that this man was once your grace's friend ? Or, is it to murderers only that you will extend the mercy of the crown ? These are questions you will not answer, nor is it necessary. The character of your private life, and tlie uniform tenor of your public conduct, is an answer to them all. JUNIUS. IX To his Grace the Duke of Grafton. MY LORD, April 10, 17G9. I have so good an opinion of your grace's dis- cernment, that when the author of the vindication of your conduct assures us that he writes from his own mere motion, without the least authority from your grace, I should be ready enough to believe him, but for one fatal mark, which seems to be fixed upon every measure in which either your personal or political character is concerned. Your first attempt to support sir William Proctor ended in the election of Mr. Wilkes ; the second insured success to Mr. Glynn. The extraordinary step you took to make sir James Lowther lord paramount of Cumberland has ruined his interest in that county for ever : the house list of directors was cursed with the concur- rence of government ; and even the miserable JUNIUS'S LETTERS. 69 Dingley* could not escape the misfortune of your grace's protection. With this uniform experience before us, we are aixthorised to suspect, that when a pretended vindication of your principles and con- duct, in reality, contains the bitterest reflections upon both, it could not have been written without your immediate direction and assistance. The author, indeed, calls God to witness for him, with all the sincerity, and in the very terms of an Irish evidence, to the best of his knoioledge and belief. My lord, you should not encourage these appeals to Heaven. The pious prince, from whom you are supposed to descend, made such frequent use of them in his public declarations, that, at last, the people also found it necessary to appeal to Heaven in their turn. Your administration has driven us into cir- cumstances of equal distress : beware, at least, how you remind us of the remedy. You have already much to answer for. You have provoked this unhappy gentleman to play the fool once more in public life, in spite of his years and infirmities : and to show us, that, as you yourself are a singular instance of youth without spirit, the man who defends you is a no less remarkable ex- ample of age without the benefit of experience. To follow such a writer minutely, would, like his own • This unfortunate person had been persuaded by the duke of Grafton to set up for Middlesex, his grace being deter.ntiined to seat him in the house of comnions, if he had but a single vote. It happened, unluckily, that he could uot prevail upon any one freeholder to put hi in in nomi- yation. 70 JUNIUS'S LETTERS. periods, be labour without end. Tbe subject too has been already discussed, and is sulliciently un- derstood. I cannot help observing, however, that when the pardon of M'Quirk was the principal charge against you, it would iiave been but a decent compliment to your grace's understanding, to have defended you upon your own principles. Wliat credit does a man deserve, who tells us plainly, that the facts set forth in the king's proclamation were not the true motives on which the pardon was granted .'' and that he wishes that those chirurgical reports, which first gave occasion to certain doubts in the royal breast, had not been laid before his majesty f You see, my lord, that even your friends cannot defend your actions, without changing your^ principles ; nor justify a deliberate measure of go- vernment without contradicting the main assertion on which it was founded. The conviction of M'Quirk had reduced you to a dilemma in which it was hardly possible for you to reconcile your po.itical interest with your duty. You were obliged either to abandon an active, use- ful partizan, or to protect a felon from public jus- tice. With your usual spirit you preferred your interest to every other consideration ; and, with your usual judgment, you founded your determina- tion upon the only motives which should not have been given to the public. I have frequently censured Mr. Wilkes's conduct, yet your advocate reproaches me with having de- voted myself to the service of sedition. Your grace can best inform us for which of Mr. Wilkes's good qualities you first honoured him with your friend- JUNIUS'^ LETTERS. 71 ship, or how long it was before you discovered those bad ones in him, at which, it seems, your delicacy was offended. Remember, my lord, that you continued your connexion with Mr. Wilkes, long after he had been convicted of those crimes which you have since taken pains to represent in the blackest colours of blasphemy and treason. How unlucky is it, tliat the first instance you have given us of a scrupulous regard to decorum, is united with a breach of a moral obligation ! For my own part, my lord, I am proud to affirm, that if I had been weak enough to form such a friend- ship, I \yould never have been base enough to betray it. But let Mr, Wilkes's character be what it may, this, at least is certain ; that circumstanced as he is, with regard to the public, even his vices plead for him. The people of England have too much discernment to suffer your grace to take ad- vantage of the failings of a private character, to establish a precedent by which the public liberty is affected, and which you may hereafter, with equal ease and satisfaction, employ to the ruin of the oest men in the kingdom. Content yourself, my /ord, with the many advantages which the unsullied purity of your own character has given you over your unhappy deserted friend. Avail yourself of all the unforgiving piety of the court you live in, and bless God that ' you are not as other men are ; extortioners, unjust, adulterers, or even as this pub- lican.' In a heart void of feeling, the laws of honour and good faith may be violated with niipuuity, and there you may safely indulge your genius. But the laws of England shall not be violated, even by voui 72 JUNIUS'S LETTERS. holy zeal to oppress a sinner ; and, though you have succeeded in making him a tool, you shall not make him the victim of your ambition. JUNIUS X. To Mr. Edward Weston. SIR, April 21, 1769. I said you were an old man without the benefit of experience. It seems you are also a volunteer, with the stipend of twenty commissions ; and at a period when all prospects are at an end, you arc still look- mg forward to rewards which you cannot enjoy. No man is better acquainted with the bounty of government than you are ; Ton impudence. Temeraire vieillard, aura sa recompence. But I will not descend to an altercation either with the impotence of your age, or the peevishness of your diseases. Your pamphlet, ingenious as it is, has been so litth read, that the public cannot know how far you have a right to give me the lie, without the fol- lowing citation of your own words : Page Gth. ' 1. That he is persuaded that the mo- tives which he (Mr. Weston) has alleged, must ap- pear fully sufficient with or without the opinions of the surgeons. JUNIUS S LETTERS ^ 173 ' 2. That those very motives must have been the foundation on which the earl of Rochford thought proper, lie. ' 3. That he cannot hut regret, that the earl of Rochford seems to have thought proper to lay the chirurgical reports before the king, in preference to all the other sufficient motives,' Ste. Let the p'ublic determine whether this be defending government on their principles or your own. The style and language you have adopted arc, I confess, not ill-suited to the elegance of your o\> n manners, or to the dignity of the cause you have undertaken. Every common dauber writes rascal and villain under his pictures, because the pictures tiiemselves have neither character nor resembluiu o. But the works of a master require no index ; his features and colouring are taken from natuie ; tlie mipression they make is immediate and uniforsn ,• nor is it possible to mistake his characters, whemci they represent the treachery oi a minister, or me p bused simplicity of a king. JUKlLij vol. I. 74 lUNIUS'S LETTERS. XI. To his Grace the Duke of Grafton. MY LORD, April 24, 1709- The system you seemed to have adopted when vjrd Chatham unexpectedly left you at the head of cffaa-s, gave us no promise of that uncommon exer- tion of vigour which has since illustrated your char- acter, and distinguished your administration. Far from discovering a spiri. bold enough to invade the first rights of the people and the first principles o the constitution, you were scrupulous of exercising even those powers with which the executive branch of the legislature is legally invested. We have not yet forgotten how long Mr. Wilkes was suffered to appear at large, nor how long he was at liberty to canvass for the city and county, with all the terrors of an outlawry hanging over him. Our gracious sovereign has not yet forgotten the extraordinary care you took of his dignity, and of the safety of his person, when, at a crisis which courtiers af- fected to call alarming, you left the metropolis ex- posed, for two nights together, to every species of riot and disorder. The security of the royal resi- dence from insult was then sufficiently provided for in Mr. Conway's firmness, and lord Weymouth's discretion ; while the prime minister of Great Bri- 'ain, in a rural retirement, and in tlie arms of faded beauty, had lost all memory of his sovereign, hi* JUNIUS'S LETTERS. 75 country and himself. In these instances you might have acted with vigour, for you would have had the sanction of the laws to support you : the friends of government might have defended you without shame ; and moderate men, who wish well to the peace and good order of society, might have had a pretence for applauding your conduct. But these, it seems, were not occasions worthy of your grace's interposition. You reserved the proofs of your in- trepid spirit for trials of greater hazard and im- portance ', and now, as if tlie most disgraceful re- laxation of the executive authority had given you a claim of credit to indulge in excesses still more dangerous, you seem determined to compensate amply for your former negligence, and to balance the non-execution of the laws with a breach of the constitution. From one extreme you suddenly start to the other, without leaving, between the weakness and the fury of the passions, one moment's interva for the firmness of the understanding. These observations, general as they are, might easily be extended into a faithful history of your grace's administration, and perhaps may be the em- ployment of a future hour. But the business of the present moment will not suffer me to look back to a series of events, which cease to be interesting or im- portant, because they are succeeded by a measure so singularly daring, tiiat it excites all our attention, and engrosses all our resentment. Your patronage of Mr. Luttrell has been crowned with success. With this precedent before you, with the principles on whicii it was established, and with a future house of commons, perhaps less virtuous 76 JUNIUS'S LETTERS. than the present, every county in England^ under the auspices of tiie treasury, may be represented as com- pletely as the county of Middlesex. Posterity will be indebted to your grace for not contenting yourself with a temporary expedient, but entailing upon them the immediate blessings of your administration. Boroughs were already too much at the mercy of government. Counties could neither be purchased nor intimidated. But their solemn determined elec- tion may be rejected ; and the man they detest may be appointed by another choice to represent them in parliament. Yet it is admitted, that the sheriffs obeyed the laws, and performed their duty.* The return they made must have been legal and valid, or undoubtedly they would have been censured for making it. With every good-natured allowance for your grace's youth and inexperience, there are some things which you cannot but know. You cannot but know, that the right of the freeholders to adhere to their choice (even supposing it im- properly exerted) was as clear and indisputable as that of the house of commons to exclude one of their own members. Nor is it possible for you not to see the wide distance there is between the nega- tive power of rejecting one man, and the positive power of appointing another. The right of ex- pulsion, in the most favourable sense, is no more than the custom of parliament. The right of elec- tion is the very essence of the constitution. To vio- late that right, and much more to transfer it to any * Sir Fletcher Norton, when it was proposed to punish ihe sheriffs, declared in the house of commons, that they, in returnmg Mr. Wilkes, had dene no more than their duly. JUNIUS'S LETTERS. 'm oilier set of men, is a step leading immedlutely to the dissolution of all government. So far forth as it operates, it constitutes a house of commons which does not represent the people. A house of commons so formed would involve a contradiction, and the grossest confusion of ideas : but there are some ministers, my lord, whose views can only be answer- ed by reconciling absurdities, and making the same proposition, which is false and absurd in argument, true in fact. This measure, my lord, is, however, attended with one consequence favourable to the people, which I am persuaded you did not foresee.* While the contest lay between the ministry and Mr. Wilkes, his situation and private character gave you advan- tages over him, which common candour, if not the memory of your former friendship, should have forbidden you to make use of To religious men you had an opportunity of exaggerating the irregu- larities of his past life ; to moderate men you held forth the pernicious consequences of faction. Men who, with this character, looked no farther than to the object before them, were not dissatisfied at seeing Mr. Wilkes excluded from parliament. You have now taken care to shift the question ; or rather, you have created a new one, in which JMr. Wilkes is no more concerned than any other English gentle- man. You have united this country against you on one grand constitutional point, on the decision of which our existence, as a free people, absolutely de- pends. You have asserted, not in words, but in fact, • The reader is desired to mark this pro^)hecy. 78 JUNIUS'S LETTERS. that the representation in parliamentdotinot depend upon the choice of the freeholders. If such a case can possibly happen once, it may happen frequently ; it may happen always : and if three hundred votes, by any mode of reasoning whatever, can prevail against twelve hundred, the same reasoning would equally have given Mr. Luttrell his seat with ten votes, or even with one. The consequences of this attack upon the constitution are too plain and palpable, not to alarm the dullest apprehension. I trust you will find that the people of England are neither deficient in spirit or understandings though you have treated them as if they had neither sense to feel nor spirit to resent. We have reason to thank God and our ancestors, that there never yet was a minister in this country who could stand the issue of such a conflict; and, with every prejudice in favour of your intentions, I see no such abilities in your gijace, as should enable you to succeed in an enter- prise, in which the ablest and basest of your prede- cessors have found their destruction. You may con- tinue to deceive your gracious master with false representations of the temper and condition of his subjects: you may command a venal vote, because it is the common established appendage of your office : but never hope that the freejiolders will make a tame surrender of their rights ; or, that an English army will join with you in overturning the liberties of their country. They know, that their first duty, as citizens, is paramount to all subsequent engage- ments : nor will they prefer the discipline, or even the honours of their profession, to those sacred origi- nal rights which belonged to them before they were JUNIUS'S LETTERS. 79 soldiers, and which they claim and possess as the birth-right of Englishmen. Return, my lord, before it be too late, to that easy insipid system which you first set out with. Take back your mistress.* The name of friend may be fatal to her, for it leads to treachery and persecution. Indulge the people. Attend Newmarket. Mr. Lut- trell may again vacate his seat ; and Mr. Wilkes, if not persecuted, will soon be forgotten. To be weak and inactive is safer than to be daring and criminal ; and wide is the distance between a riot of the populace and a convulsion of the whole king- dom. You may live to make the experiment, but no honest man can wish you should survive it. JUNIUS. XII. To his Grace the Duke of Grafton. MY LORD, May 30, 17C9. If the measures in which you have been most suc- cessful had been supported by any tolerable appear- ance of argument, I should have thought my time not ill employed in continuing to examine your • The duke, about this time, had separated himself from Anne Parsons ; but proposed to continue iKiited with her on some platonic terms of friendship, which she rejected with contempt. His baseness to this woman is beyond de- scription or bf'lief. 80 JUNIUSS LETTERS. conduct as a minister, and stating it fairly to the public. But when I sec questions of the liigliest national importance carried as they have Ijecn, and the first principles of tlic constitution openly vio- lated, without argument or decency, I confess I give up the cause in despair. The meanest of your pre- decessors had abilities snfiicient to give a colour to their measures. If they invaded the rights of the people, they did not dare to offer a direct insult to their understanding ; and, in former times, the most venal parliaments made it a condition, in their bar- gain with the minister, that he should furnish them with some plausible pretences for selling their coun- try and themselves. You have had the merit of in- troducing a more compendious system of government and logic. You neither address yourself to the pas- sions nor the understanding, but simply to me touch. You apply yourself immediately to the feelings of your friends ; who, contrary to the forms of parlia- ment, never enter heartily into a debate until they have divided. Relinquishing, therefore, all idle views of amend- ment to your grace, or of benefit to the public, let me be permitted to consider your character and con- duct, merely as a subject of c.irious speculation. There is something in both which distinguishes you, not only from all other ministers, but all other men. It is not that you do wrong by design, but that you should never do right by mistake. It is not that your indolence and your activity have been equally misapplied, but that the first uniform principle, or, if I may call it, the genius of your life, should have carried you through e'^'ory possible change and con- JUNIUS'S LETTERS. ^f tradictlon of conduct, without the momentary impu- tation or colour of a virtue ; and that the wildest spirit of inconsistency should never once have betrayed you into a wise or honourable action. This, I own, gives an air of singularity to your fortune, as well as to your disposition. Let us look back, together, to a scene, in which a mind like yours will find nothing to repent of Let us try, my lord, how well you have supported the various i-elations in which you stood to your sovereign, your country, your friends, and yourself. Give us, if it be possible, some excuse to posterity and to ourselves, for submitting to your administration. If not the abilities of a great minis- ter, if not the integrity of a patriot, or the fidelity of a friend, show us, at least, the firmness of a man. For the sake of your mistress, the lover shall be spared. I will not lead her into public, as you have done ; nor will I insult the memory of departed beauty. Her sex, which alone made her amiable in your eyes, makes her respectable in mine. The character of the reputed ancestors of some men has made it possible for their descendants to be vicious in the extreme, without being degenerate. Those of your grace, for instance, left no distressing examples of virtue even to their legitimate posterity : and you may look back with pleasure to an illustri- ous pedigree, in which heraldry has not left a single good quality upon record to insult or upbraid you. You have better proofs of your descent, my lord, than the register of a marriage, or any troublesome in- heritance of reputation. There are some hereditary strokes of character, by which a family may be as clearly distinguislied, as bv the blackest features of \) 2 ' C 82 JUNIUS'S LETTERS. tlie human face. Charles the First lived and died a hypocrite. Charles the Second was a hypocrite of another sort, and should have died upon the same scaffold. At the distance of a century, we see theii different characters happily revived and blended in your grace. Sullen and severe without religion, profligate without gayety, you live like Charles the Second, without being an amiable companion ; and, for aught I know, may die as his father did, without the reputation of a martyr. You had already taken your degrees with credit, in those schools in which the English nobility are formed to virtue, when you were introduced to lord Chatham's protection.* From Newmarket, White's, and the opposition, he gave you to the world with an air of popularity, which young men usually set out with, and seldom preserve: grave and plausible enough to be thought fit for business ; too young for treachery ; and, in short, a patriot of no unpromising expectations. Lord Chatham was the earliest object of your political wonder and at- tachment; yet you deserted him, upon the first hopes that offered of an equal share of power with lord Rockingham. When the late duke of Cumber- land's first negotiation failed, and when the fa- vourite was pushed to the last extremity, you saved him, by joining with an administration, in which , lord Chatham had refused to engage. Still, how ♦ To understand these passages, the reader is referred to a noted pamphlet, called ' The History of the Mi- nority.' JUNIUS'S LETTERS. 83 e%'er, he was yom- friend: and you are yet t ax- plain to the world, why you consented to act ^with- out him : or why, after uniting with lord Rocking- ham, you deserted and betrayed him. You com- plained that no measures were taken to satisfy your patron ; and that your friend, Mr, Wilkes, who had suffered so much for the part}', had been abandoned to his fate. They have since contributed, not a little, to your present plenitude of power ; yet, I think, lord Chatham has less reason than ever to be satisfied : and, as for Mr. Wilkes, it is, perhaps, the greatest misfortune of his life, that you should have so many compensations to make in the closet for your former friendship with him. Your gracious master understands your character, and makes you a persecutor, because you have been a friend. Lord Chatham formed his last administration upon principles which you certainly concurred in, or you could never have been placed at the head of the treasury. By deserting those principles, or by acting in direct contradiction to them, in which he found you were secretly supported in the closet, you soon forced him to leave you to yourself, and to withdraw his name from an administration which had been formed on the credit of it. You had then a prospect of friendships better suited to your ge- nius, and more likely to fix your disposition. Mar- .nage is the point on which every rake is stationary at last : and truly, my lord, you may well be weary of the circuit you have taken ; for you have now fairly travelled through every sign in the political zodiac, from the scorpion, in which you stung lord 84 JUNIUS'S LETTERS. Chathan. to the hopes of a virgin* iii the house oi BJoomsbury. One would think that you had hacf sufficient experience of the frailty of nuptial en- gagements, or, at least, that such a friendship as the duke of Bedford's might have been secured to you by tiie auspicious marriage of your late duchesst with his nephew. But ties of this tender nature cannot be drawn too close ; and it may possibly be a part of the duke of Bedford's ambition, after making her an honest woman, to work a miracle of the same sort upon your grace. This worthy nobleman has long dealt in virtue: there has been a large consumption of it in his own family ; and, in the way of traffic, I dare say, he has bought and sold more than half the representative integrity of the nation. In a political view, this union is not imprudent. The favour of princes is a perishable commodity. ^ Tou have now a strength sufficient to command the v closet, and if it be necessary to betray one friend- ship more, you may set even lord Bute at defiance. Mr. Stewart M'Kenzie may possibly remember what A use the duke of Bedford usually makes of his power j and our gracious sovereign, I doubt not, rejoices at this first appearance of union among his servants. His late majesty, under the happy influence of a family connexion between his ministers, was re- • His grace had lately mariied miss Wrottesly, niece of ff- the good Gertrude, duchess of Bedford. t Miss Liddel, \fter her divorce from the duke, iriDrried lord Uoper Ossory. JUNIUS'S LETTERS. %S lieved from the cares of the government. A more active prince may, perhaps, observe with suspicion by what degrees an artful servant grows upon his master, from the first unlimited professions of duty and attachment, to the painful representation of the necessity of the royal service, and soon, in regu- lar progression, to the humble insolence of dictating in all the obsequious forms of peremptory submi;- sion. The interval is carefully employed in forming connexions, creating interests, collecting a party, and laying the foundation of double marriages; un- til the deluded prince, who thought he had found a creature prostituted to his service, and insignificant enough to be always dependent upon his pleasure, finds him, at last, too strong to be commanded, and too formidable to be removed. Your grace's public conduct, as a minister, is but the counterpart of your private history ; the same inconsistency, the same contradictions. In America we trace you, from the first opposition to tiie stamp act, on principles of convenience, to Mr. Pitt's sur- render of the right ; then forward to lord Rocking- ham's surrender of the fact; then back again to lord Rockingham's declaration of the right ; then forward to taxation with Mr. Townshend ; and, in the last instance, from the gentle Conway's un- determined discretion, to blood and compulsion with the duke of Bedford : yet, if we may believe the simplicity of lord North's eloquence, at the opening of the next session, you are once more to be the patron of America. Is this the wisdom of a rreat minister, or is it the ominous vibration of a pendulum ? Had 3'ou no opinion of your own, my 86 JUNIUS'S LETTERS. lord ? Or was it the gratification of betraying every party with which you have been united, and of de- serting every political principle in which you had concurred ? Your enemies may turn their e)'es without regret from this adn^irable system of provincial government. They will find gratification enough in the survey of your domestic and foreign policy. If, instead of disowning lord Shelburne, the British court had interposed with dignity and firm- ness, you know, my lord, that Corsica would never have been invaded. The French saw the weakness of a distracted ministry, and were justified in treating you with contempt. They would probably have yielded, in the first instance, rather* than hazard a rupture with this country ; but, being once engaged, they cannot retreat without dishonour. Common sense foresees consequences which have escaped your grace's penetration. Either we sufljer the French to make an acquisition, the importance of which you have probably no conception of; or we oppose them by an underhand management, which only disgraces us in the eyes of Europe, without answering any purpose of policy or prudence. From secret, indirect assistance, a transition to some more open, decisive measures, becomes unavoidable ; till, at last, we find ourselves principal in tlic war, and are obliged to hazard every thing for an ob- ject, wiiich might have originally been obtained without expense or danger. I am not versed in the politics of the north ; but this, I believe, is certain ; that half the money you have distril)nted to carry the expulsion of Mr, Wilkes, or even your secreta- JUNIUS'S LETTERS. 87 ry's share in the last subscription, would have kept the Turks at your devotion. Was it economy, my lord i or did the coy resistance you have constantly met with in the British senate make you despair of corrupting the divan ? Your friends, indeed, have tiie first claim upon your bounty : but if 500/. a year can be spared in pension to Sir John Moore, it would not have disgraced you to have allowed some- thing to the secret service of the public. You will say, perhaps, that the situation of affairs at home demanded and engrossed the whole of your attention. Here, I confess, you have been active. An amiable, accomplished prince, ascends the throne under the happiest of all auspices, the acclamations and united affections of his subjects. The first measures of his reign, and even the odium of a fa- vourite, were not able to shake their attachment. Your services, my lord, have been more successful. Since you were permitted to take the lead, we have seen the natural effects of a system of government at once both odious and contemptible. We have seen the laws sometimes scandalously relaxed, some- times violently stretched beyond their tone. We have seen the person of the sovereign insulted ; and, in profound peace, and with an undisputed title, the fidelity of his subjects brought by his own ser- vants into public question.* Without abilities, reso- • The wise duke, about this time, exerted all the influ- ence of government to procure addresses to satisfy the king of the fidelity of his subjects. They came in very thick from Scotland ; but, after tli^ appearance of this letter, we heard no more of them. 88 JUNIUS'S LETTERS lution, or interest, you have done m^re than lord Bute could accomplish, with all Scotland at his heels. Your grace, little anxious, perhaps, either for present or future reputation, will not desire to be handed down in these colours to posterity. You have reason to flatter yourself, that the memory of your administration will survive, even the forms of a constitution, which our ancestors vainly hoped would be immortal ; and, as for your personal char- acter, I will not, for the honour of human nature, suppose that 3'ou can wish to have it remembered. The condition of the present times is desperate in- deed J but there is a debt due to those who come after us ; and it is the historian's office to punish, though he cannot correct. I do not give you to posterity as a pattern to imitate, but as an example to deter j and as your conduct comprehends every thin^ that a wise or honest minister should avoid, I mean to make you a negative instruction to your Buccessors for ever JUNIUS. JUNIUS'S LETTERS XIII. Addressed to the Printer of the Public Advertiser. SIR, June 12, 1769- The duke of Grafton's ft-iends, not finding it con- venient to enter into a contest with Junius, are now reduced to the last melancholy resource of de- feated argument, the flat general charge of scur- rility and falsehood. As for his style, I shall leave it to the critics. The truth of his facts is of more importance to the public. They are of such a na- ture, that I think a bare contradiction will have no weight with any man who judges for himself. Let us take them in the order in which they appear in his last letter. 1. Have not the first rights of the people, and the first principles of the constitution, been openly in- vaded, and the very name of an election made ridiculous, by the arbitrary appointment of Mr. Luttrell ? 2. Did not the duke of Grafton frequently lead his mistress into public, and even place her at ihe head of his table, as if he had pulled down an an- cient temple of Venus, and could bury all decency and shame under the ruins .'' Is this the man who dares to talk of Mr. Wilkes's morals ? 3. Is not the character of his presumptive ances- tors as strongly marked in him, as ii* he had de- scended from them in a direct legitimate line ? The 90 JUNIUS'S I.ETTERS idea of his death is only prophetic ; and what is prophecy but a narrative preceding the fact ? 4. Was not lord Chatham the first who raised him to the rank and post of a minister, and the first whom he abandoned ? 5. Did he not join with lord Rockingham, and betray him ? 6. Was he not the bosom friend of JMr. Wilkes, whom he now pursues to destruction ? 7. Did he not take his degrees with credit at Newmarket, White's, and the opposition ? 8. After deserting lord Ciiathani's principles, and sacrificing his friendship, is he not now closely united with a set of men, who, though they have occasionally joined with all parties, have, in every different situation, and at all times, been equally and constantly detested by this country ? 9. Has not sir John Moore a pension of five hundred pounds a year ? This may probably be an acquittance of favours upon the turf: but is it pos- sible for a minister to offer a grosser outrage to a nation, which has so very lately cleared away the beggary of the civil list, at the expense of more than half a million ? 10. Is tliere any one mode of thinking or acting with respect to America, which the duke of Grafton has not successively adopted and abandoned ? 11. Is there not a singular mark of shame set upon this man, who has so little delicacy and feel- ing, as to submit to the opproljrium of marrying a near relation of one who had debauched his wife f In the name of decency, how are these amiable cousins to meet at their ancle's table ? It will be a JUNILS'S LETTERS. 91 scene in CEdipus, without the distress. Is it wealth, or wit, or beauty .'' Or is the amorous youth in love .'' The rest is notorious. That Corsica has been sa- crificed to the French ; that, in some instances, the laws have been scandalously relaxed, and, in others, daringly violated ; and that the king's subjects have been called upon to assure him of their fidelity, in spite of the measures of his servants. A writer, who builds his arguments upon facts such as these, is not easily to be confuted. He is not to be answered by general assertions or general re- proaches. He may want eloquence to amuse and persuade ; but, speaking truth, he must always convince. PHILO JUNIUS. XIV. Addressed to the Printer of the Public Advertiser SIR June 22, 17G9. The name of Old JVoll is destined to be the ruin of the house of Stuart. There is an ominous fatality in it, which even the spurious descendants of the family cannot escape. Oliver Cromwell had the merit of conducting Charles the First to the block. Your correspondent, Old JVoll, appears to have the same design upon the duke of Grafton. His argu- ments consist better with the title he has assumed, than with the principles he professes : for though 92 JUNIUS'S LETTERS. he preteiKls to be an advocate for the duke, he takes care to give us the best reason why his jjatron should reguhxrly follow the fate of his presumptive ancestor. Tlu'ough the whole course of the duke of Grafton's life, I see a strange endeavour to unite contradictions which cannot be reconciled. He marries, to be divorced ; he keeps a mistress, to remind him of conjugal endearments ; and he chooses such friends as it is a virtue in him to desert. If it were possible for the genius of that accomplish- ed president, who pronounced sentence upon Charles the First, to be revived in some modern sycophant,* his grace, I doubt not, would by sympathy discover him among the dregs of mankind, and take him for a guide in those paths which naturally conduct a minister to the scaffold. The assertion that two-thirds of the nation ap- prove of tiie acceptance of Mr. Luttrell (for even Old JSToll is too modest to call it an election) can neither be maintained nor confuted by argument. It is a point of fact, on which every English gentle- man will determine for himself As to lawyers, their profession is supported by the indiscriminate defence of right and wrong j and I confess I have not that opinion of their knowledge or integrity, to think it necessary that they should decide for me upon a plain constitutional question. With respect to the appointment of Mr. Luttrell, the chancellor has never yet given any authentic opinion. Sir • It is hardly necessarj ti rf;Tiind the reader ot the name of Braclshaw. JUNIUS'S LETTERS. 93 Fletcher Norton is, indeed, an honest, a very honest man ; and the attorney-general is ex officio the guar- dian of liberty ; to take care, I presume, that it shall never break out into a criminal excess. Doctor Blackstone is solicitor to the queen. The doctor recollected that he had a place to preserve, though he forgot that he had a reputation to lose. We liave now the good fortune to understand the doctor's principles as well as writings. For the defence of truth, of law, and reason, the doctor's book may be safely consulted ; but whoever wishes to cheat a neighbour of his estate, or to rob a country of its rights, need make no scruple of consulting the doctor himself. The example of the English nobility maj', for aught I know, sufficiently justify the duke of Graf- Ion, when he indulges his genius in all the fashion- able excesses of the age ; yet, considering his rank and station, I think it would do him more honour to be able to deny the fact, than to defend it by such authority. But if vice itself could be excused, there is yet a certain display of it, a certain outrage to decency, and violation of public decorum, which, for the benefit of society, should never be forgiven. It is not that he kept a mistress at home, but that he constantly attended her abroad. It is not the private indulgence, but the public insult, of which I complain. The name of miss Parsons would hardly have been known, if the first lord of the treasury had not led her in triumph through the opera-house, even in the presence of the queen. When we see a man act in this manner, \\c may admit the shame- less depravity of his heart; but what arc we to think of his understanding ? 94 JUNIUS'S LETTERS. His grace, it seems, is now to be a regular, do- mestic man ; and, as an omen of the future delicacj' and correctness c>f liis conduct, he marries a first cousin of the man who had fixed that mark and title of infamy upon him, which, at the same mo- ment, makes a husband unhappy and ridiculous. The ties of consanguinity may possibly preserve him from the same fate a second time ; and as to the distress of meeting, I take for granted, the ven- erable uncle of these common cousins has settled the etiquette in such a manner, that, if a mistake should happen, it may reach no farther than from madame ma femme to madame ma cousine. The duke of Grafton has always some excellent reason for deserting his friends : the age and inca- pacity of lord Chatham, the debility of lord Rock- ingham, or the infamy of Mr. Wilkes. There was a time, indeed, when he did not appear to be quite as well acquainted, or so violently offended, with the infirmities of his friends : but now I confess they are not ill exchanged for the youthful, vigorous virtue of the duke of Bedford ; the firmness oi general Conway ; the blunt, or, if I may call it, the awkward integrity of Mr. Rigby ; and the spotless morality of lord Sandwich. If a late pension to a broken gambler* be an act worthy of commendation, the duke of Grafton's connexions will furnish him with many opportunities of doing praiseworth}' actions ; and as he himself bears no part of the expense, the generosity of distri- buting the public money for the support of virtuous * Sh John Moore. JUNIUS'S LETTERS. 95 families in distress, will be an unquestionable proo. of his grace's humanity. As to public affairs, Old JVoll is a little tender o. descending to particulars. He does not deny that Corsica has been sacrificed to France ; and he con- fesses that, with regard to America, his patron's measures have been subject to some variation : but then he promises wonders of stability and firmness for the future. These are mysteries, of which we must not pretend to judge by experience ; and truly, I fear we shall perish in the desert, before we arrive at the land of promise. In die regular course of things, the period of the duke of Grafton's minis- terial manhood should now be approaching. The imbecility of his infant state was committed to lord Chatham. Charles Townshend took some care of his education at that ambiguous age, which lies be- tween the follies of pohtical childhood and the vices of puberty. The empire of the passions soon suc- ceeded. His earliest principles and connexions were of course forgotten or despised. The company he has lately kept has been of no service to his morals ; and, in the conduct of public affairs, we see the character of his time of life strongly distinguished. An obstinate, ungovernable self-sufficiency plainly points out to us that state of imperfect maturity at which the graceful levity of youth is lost, and the solidity of experience not yet acquired. It is pos- sible the young man may, in time, grow wiser, and reform ; but if I understand his disposition, it is not of such corrigible stuff that we should hope for any amendment in him, before he has accomplished the 96 JLNIUS'S LETTERS. des uclion of liis country. Like otlicr rakes, he may. perhaps, live to see liis error, but not until he has ruined his estate. PHILO JUNIUS. XV. To his Grace the Duke of Grafton. MY LORD, July 8, 17G9- If nature had given you an understanding quali- fied to keep pace with the wishes and principles ol your heart, she would have made you, perhaps, the most formidable minister that ever was employed, under a limited monarch, to accomplish the ruin of a free people. When neither the feelings of shame, the reproaches of conscience, nor the dread of 'punishment, form any bar to the designs of a minister, the people would have too much reason to lament their condition, if they did not find some resource in the weakness of his understanding. We owe it to the bounty of Providence, that the com- pletest depravity of the heart is sometimes strangely united with a confusion of the mind, which coun- teracts the most favourite principles, and makes the same man treacherous without art, and a hypocrite without deceiving. The measures, for instance, in which your grace's activity has been chiefly exerted, as they WTi-e adopted without skill, should have been conr'uctcd with more than common dexterity But truly, my lord, the execution has been as gross JUNIUS'S LETTERS. 97 as the design. By one decisive step you have de- feated all the arts of writing. You have fairly con- founded the intrigues of opposition, and silenced the clamours of faction. A dark, ambiguous system might require and furnish the materials of inge- nious illustration ; and, in doubtful measures, the virulent exaggeration of party must be employed to rouse and engage the passions of the people. You have now brought the merits of your administration to an issue, on which every Englishman, of the nar- rowest capacity, may determine for himself: it is not £fti alarm to the passions, but a calm appeal to the judgment of the people, upon their own most essential interests. A more experienced minister would not have hazarded a direct invasion of the first principles of the constitution, before he had made some progress in subduing the spirit of the people. With such a cause as yours, my lord, it is not sufficient that you have the court at your devo- tion, unless you can find means to corrupt or intimi- date the jury. The collective body of the people form that jury, and from their decision there is but one appeal. Whether you have talents to support you, at a crisis of such difficulty and danger, should long since have been considered. Judging truly of your disposition, you have, perhaps, mistaken the extent of your capacity. Good faith and folly have so long been received as synonymous terms, that the reverse of the proposition has grown into credit, and every villain fancies himself a man of abilities. It is the apprehension of your friends, my lord, thaUyou have drawn some hasty conclusion of this sort, and VOL. I. 1'' 7^ 98 JUNIUS'S LETTERS. that a partial reliance upon your moral character has betrayed you beyond the depth of your understand- ing. You have now carried things too far to retreat. You have plainly declared to the people what they are to expect from the continuance of your adminis- tration. It is time for your grace to consider what you also may expect in return from their spirit and their resentment. Since the accession of our most gracious sovereign to the throne, we have seen a system of government which may well be called a reign of experiments. Parties of all denominations have been employeal and dismissed. The advice of the ablest men in this country has been repeatedly called for, and rejected j and wiien the royal displeasure has been signified to a ministei", the marks of it have usually been propor- tioned to his abilities and integrity. The spirit of the favourite had some apparent influence upon every administration ; and every set*of ministers preserved an appearance of duration as long as they submitted to that influence. But there were certain services to be performed for the favourite's security, or to gratify his resentments, which your predeces- sors in office had the wisdom or the virtue not to undertake. The moment this refractory spirit was discovered, their disgrace was determined. Lord Chatham, Mr. Grenville, and lord Rockingham, have successively had the honour to be dismissed for preferring their duty as servants of the public to those compliances which were expected from their station. A submissive administration was at last grad^ially collected from the deserters of all parties, interests, and connexions ; and nothing remained JUNIUS'S LETTERS. QU but to find a leader for these gallant, well-disciplined troops. Stand forth, my lord ; for thou art the man. Lord Bute found no resource of dependence or secu- rity in the proud, imposing superiority of lord Chat- ham's abilities ; the shrewd, inflexible judgment of Mr. Grenville ; nor in the mild but determined in- tegrity of lord Rockingham. His views and situation required a creature void of all these properties j and lie was forced to go through every division, resolu- tion, composition, and refinement of political chemis- try, before he happily arrived at the caput mortuum of vitriol in your grace. Flat and insipid in your retired state ; but, brought into action, you become vitriol again. Such are the extremes of alternate indolence or fury, which have governed your whole administration. Your circumstances, with regard to the people, soon becoming desperate, like other honest servants, you determined to involve the best of masters in the same difficulties with yourself We owe it to your grace's well-directed labours, that your sovereign has been persuaded to doubt of the afiections of his subjects, and the people to suspect the virtues of their sovereign, at a time when both were unquestionable. You have degraded the roj'al dignity into a base and dishonourable compe- tition with Mr. Wilkes : nor had you abilities to carry even the last contemptible triumph over a private man, without the grossest violation of the fundamental laws of the constitution and rights of the people. But these are riglits, my lord, which you can no more annijjilate, than you can the soil to which they arc ainiexed. The question no longei turns upon points of national lionour and security 100 JUNIUS'S LETTERS. abroad, or on the degrees of expedience and propr ety of measures at home. It was not inconsis' int that you should abandon the cause of liberty, in another country, which you had persecuted in your own : and, in the common arts of domestic corrup- tion, we miss no part of sir Robert Walpole's system, except his abilities. In this humble, imitative line, you might long have proceeded safe and contempt- ible. You might probably never have risen to the dignity of being hated, and even have been despised with moderation. But it seems you meant to be dis- tinguished ; and, to a mind like yours, there was no other road to fame but by the destruction of a noble fabric, which you thought had been too long the admiration of mankind. The use you have made of the military force introduced an alarming change in the mode of executing the laws. The arbitrary appointment of Mr. Luttrell invades the foundation of the laws themselves, as it manifestly transfers the right of legislation from those whom the people have chosen, to those whom they have rejected. With a succession of such appointments, we may soon see a house of commons collected, in the choice of which the other towns and counties of England will have as little share as the devoted county of Middlesex. Yet I trust your grace will find that the people of this country are neither to be intimidated by violent measures, nor deceived by refinements. When they see Mr. Luttrell seated in the house of commons, by mere dint of power, and in direct opposition to the choice of a whole county, they will not listen to those subtilties by which every arbitrary exertion JUNIUS'S LEriERS 101 of authority is explained into the law and privilege of parliament. It requires no persuasion of argu- ment, but simply the evidence of the senses, to con- vince them, that, to transfer the right of election from the collective to the representative body of the people, contradicts all those ideas of a house of commons which they have received from their fore- fathers, and which they had already, though vainly, perhaps, delivered to their children. The principles on which this violent measure has been defended have added scorn to injury, and forced us to feel that we are not only oppressed, but insulted. With what force, my lord, with what protection, are you prepared to meet the united detestation of the people of England .'' The city of London has given a generous example to the kingdom, in what manner a king of this country ought to be ad- dressed : and I fancy, my lord, it is not yet in vour courage to stand between your sovereign and the addresses of his subjects. The injuries you have done this country are such as demand not only redress, but vengeance. In vain shall you look for protection to that venal vote whicii you have already paid for : another must be purchased ; and, to save a minister, the house of commons must declare themselves not only independent of their constituents, but the determined enemies of the constitution Consider my lord, whether this be an extremity to which their fears will permit them to advance : or, if their protection sliould fail you, how far you are authorised to rely upon the bincerity of those smiles, which a pious court lavishes without rchirtance upon a libertine by pro- 102 JUNIUS'S LETTERS. fession. It is not, indeed, the least of the tliousand contradictions which attend you, that a man, marked to the world by the grossest violation of all cere- mony and decorum, should be the first servant of a court, in which prayers are morality, and kneeling is religion. Trust not too far to appearances, by which your predecessors have been deceived, though they have not been injured. Even the best of princes may at last discover, that this is a contention in which every thing may be lost, but nothing can be gained : and, as you became minister by accident, were adopted without choice, trusted without confidence, and continued without favour, be assured, thai whenever an occasion presses, you will be discarded without even the forms of regret. You will then have reason to be thankful, if you are permitted to retire to that seat of learning, which, in contem- plation of the system of your life, the comparative purity of your manners with those of their high steward, and a thousand other recommending cir- cumstances, has chosen you to encourage the grow- ing virtue of their youth, and to preside over their education. Whenever the spirit of distributing prebends and bishoprics shall have departed from you, you will find that learned seminary perfectly recovered from the delirium of an installation, and, what in truth it ought to be, once more a peaceful scene of slumber and thoughtless meditation. The venerable tutors of the university will no longer distress your modesty, by proposing you for a pat- tern to their pupils. The learned dulness of dec- lamation will be silent ; and even the venal muse, JUNIUS'S LETTERS. 03 thouen, and those which affect individuals only, is really unworthy of your understanding. Your Commentaries had taught me, that, although the instance in which a penal law is exerted, be particular, the laws themselves are general : they are made for the benefit and in- struction of the public, though the penalty falls only upon an individual. You cannot but know, sir, that what was Mr. Wilkes's case yesterday may be yours or mine to-morrow, and that, consequently the common right of every subject of the realm IS invaded by it. Professing, therefore, to treat of the constitution of the house of commons, and of the laws and customs relative to that constitution, you certainly were guilty of a most unpardonable omission, in taking no notice of a right and privi- lege of the house more extraordinary and more arbitrary than all the others they possess put to- gether. If the expulsion of a member, not under any legal disability, of itself creates in him an in- capacity to be elected, 1 see a ready way marked out, by which the majority may, at any time, remove the honestest and ablest men who happen to be in opposition to them. To say that they will not make this extravagant use of their power would be a language unfit for a man so learned in the laws as you are. By your doctrine, sir, they have the power : and laws, you know, are intended to guard agamst what men may do, not to trust to what they will do. JUNIUS'S LETTERS. 119 Upon the whole, sir, the charge against you is of a plain, simple nature ; it appears even upon the face of your own pamphlet. On the contrary, your justification of yourself is full of subtilty and re- finement, and in some places not very intelligible. If I were personally your enemy, I should dwell with a malignant pleasure upon those great and useful qualifications which you certainly possess, and by which you once acquired, though they could not preserve to you, the respect and esteem of your country ; I should enumerate the honours you have lost, and the virtues you have disgraced ; but, having no private resentments to gratify, I tiiink it sufficient to have given my opinion of your public conduct, leaving the punishment it deserves to your closet and to yourself. JUNIUS. XEX. Addressed to the Printer of the Public Advertiser SIR, August 14, 1769 A correspondent of the St. James's Evening Post first wilfully misunderstands Junius, then censures him for a bad reasoncr. Junius docs not say that it was incunibtMit upon doctor Blackstone to foresee and state the crimes for which Mr. Wilkes was ex- pelled. If, by a spirit of prophecy, he had even done so, it would have been nothing to the purpose. The 120 JUNIUS'S LETTERS. question is, not for what particular offences a per- son may be expelled, but, generally, whether by the law of parliament expulsion alone creates a disquali- fication. If the affirmative be the law of j)arliamcnt, doctor Blackstone might and should have told us so. The question is not confined to this or that parti- cular person, but forms one great general branch of disqualification, too important in itself, and too extensive in its consequences, to be omitted in an accurate work expressly treating of the law of par- liament. The truth of the matter is evidently this : doctor Blackstone, while he was speaking in the house of commons, never once thought of his Commentaries, until the contradiction was unexpectedly urged, and stared him in the face. Instead of defending him- self upon the spot, he sunk under the charge in an agony of confusion and despair. It was well known that there was a pause of some minutes in the house, from a general expectation that the doctor would say something in his own defence j but it seems his faculties .were too much overpowered to think of those subtilties and refinements which have since occurred to him. It was then Mr. Gren- ville received that severe chastisement which the doctor mentions with so much triumph : / ivish the honourable gentleman, instead of shaking his head, would shake a good argument out of it. If to the elegance, novelty, and bitterness of this ingenious sarcasm, we add the natural melody of the amiable sir Fletcher Norton's pipe, we shall not be surprised that INlr. Grenville was unabk to make him any reply. JUNIUS'S LETTERS. 121 As to the doctor, I would recommend it to him to be quiet. If not, he may, perhaps, hear again from Junius himself. PHILO JUNIUS. Postscript to a pamphlet entitlec? An Ansiocr to the Qiicstion stated ; supposed to be written by Dr. Blackstone, solicitor to the queen, in answer to Junius's letter. Since these papers were sent to the press, a writer, in the public papers, who subscribes himself Junius, has made a feint of bringing this question to a short issue. Though the foregoing observations contain, in my opinion at least, a full refutation of all tha this writer has offered, I shall, however, bestow a very few words upon him. It will cost me very little trouble to unravel and expose the sophistry of his argument. " I take the question," says he, " to be strictly this : Whether or no it be the known established law of parliament, that tlic expulsion of a member of the house of commons, of itself, creates in him such an incapacity to be re-elected, that, at a subse- quent election, any votes given to liim arc null and void ; and that any other candidate, who, except the person expelled, has the greatest number of votes, ought to be the sitting member." Waving, for the present, any objection I may have to this state of the question, I shall venture to meet our champion upon his own ground ; and attempt to support the afilrnintive of it, in one ol VOL. T. F 122 JUNIUS'S LETTERS. the two ways by which he says it can be alone fairly supported. " If there be no statute," says he, " in wliich the specific disability is clearly created, &ic. (and we acknowledge there is none) the custom of parliament must then be referred to ; and some case, or cases, strictly in point, must be produced, with the decision of the court upon them." Now I assert that diis has been done. Mr. Walpole's case is strictly in point, to prove that expulsion creates absolute incapacity of being re-elected. This was the clear decision of the house upon it ; and was a full declaraUon that incapacity was the ne- cessary consequence of expulsion. The law was as clearly and firnny fixed by this resolution, and is as binding in every subsequent case of expulsion as If it had been declared by an express statute that a " member, expelled by a resolution of the house of commons, shall be deemed incapable of being re-elected." Whatever doubt, then, there might have been .of the law, before Mr. Walpole's case, with respect to the full operation of a vote of expulsion, there can be none now. The decision of the house, upon this case, is strictly in point, to prove that ex- pulsion creates abs^^lute incapacity in law of being re-elected. But incapacity in law, in this instance, must have the same operation and eflcct with incapacity in law in every other instance. Now, incapacity of being re-elected implies, in its very terms, tiiat any votes given to the incapable person, at a subsequent slection, are null and void. Tliis is its necessary operation, or it has no operation a all: it :s vox et prceterea nihil. We can no more be called upon JUNIUS'S LETTERS. 123 to prove this proposition, than vvc can to prove that a dead man is not alive, or that twice two are four. Wh^n the terms are understood, the proposition is self-evident. Lastly, it is, in all cases of election, the known and established law of the land, groiUKJcd upon the clearest principles of reason and common sense, that if the votes given to one candidate arc null and void, they cannot be opposed to the votes given to another candidate; they cannot aflcct the votes of such candidate at all. As they have, on the one hand, no positive quality to add or establish, so have they, on the other hand, no negative one to subtract or destroy. They are, in a word, a mere nonentit3^ Such was the determination of the house of commons in the Maklcn and Bedford elec- tions ; cases strictly in point to the present question, as far as they are meant to be in point ; and to say that they are not in point in all cirgumstances, in those particularly which are independent of the pro- position which they are quoted to prove, is to say no more than that Maiden is not Middlesex, nor serjeant Comyns Mr. Wilkes. Let us see then how our proof stands. Expulsion creates incapacity, incapacity annihilates any votes given to the incapable person ; the voles given to tlic qualified candidate stand, upon their own bot- tom, firm and untouched, and can alone have effect. This, one would think, would be suflicieut. But we are stopped short, and told that none of our precedents come home to the present case, and are challenged to produce " a precedent in all the pro- ceedings of the iiouse of commons that does come 124 JUNIUS'S LETTERS. home to it, viz. where an expelled member has been returned again, and another candidate, with an in- ferior number of votes, has been declared the sitting member.'''' Instead of a prccedenl, I will beg leave to put a case, which, I fancy, will Le quite as decisive to the present point. Suppose another Sacheverell (and every party must have its Sacheverell) should, at some future election, take it into his head to offer himself a candidate for the county of Middle- sex. He is opposed by a candidate whose coat is of a different colour, but, however, of a very good colour. The divine has an indisputable majority ; nay, the poor layman is absolutely distanced. The sheriff, after having had his conscience well in- formed by the reverend casuist, returns him, as he supposes, duly elected. The whole house is in an uproar at the apprehension of so strange an appear- ance amongst them. A motion, however, is at length made, that the person was incapable of being elected j that his election, therefore, is null and void ; and that his competitor ought to have been returned. No, says a great orator, first show me your law for this proceeding. Either produce me a statute, in which the specific disability of a clergyman is created ; or produce me a precedent, where a clergyman has been returned, and another candidate, with an inferior number of votes, has been declared the sitting member. No such statute, no such precedent, to be found. What answer then is to be given to tliis demand ? The very same answer which I will give to that of Junius. That there is .lore tiian one precedent in the proceedings of the JUNIUS'S LETTERS. 125 house, " where an incapable person has been re- turned, and another candidate, with an inferior number of voles, has been declared the sitting mem- ber ; and that this is the known and established law, in all cases of incapacity, from whatever cause it may arise." I shall now, therefore, beg leave to make a slight amendment to Junius's state of the question, the affirmative of which will then stand thus : " It is the known and established law of par- liament, that the expulsion of any member of the house of commons creates in him an incapacity of being re-elected ; that any votes given to him at a subsequent election are, in consequence of such in- capacity, null and void ; and that any other can- didate, who, except the person rendered incapable, has the greatest number of votes, ought to be the sitting member." But our business is not yet quite finished. Mr. Walpole's case must have a re-hearing. " It is not possible," says this writer, " to conceive a case more exactly in point. Mr. Walpole was expelled, and, having a majority of votes at the next election, was returned again. The friends of Mr. Taylor, a candidate set up by the ministry, petitioned the house that he might be the sitting member. Thus far the circumstances tally exact I3', except that our house of commons saved Mr. Luttrell the trouble of petitioning. The point of law, however, was the same. It came regularly before the house, and it was their business to determine upon it. They did determine it ; for they declared Mr. Taylor not duly elected.^' 126 JUNIUS'S LETTERS. Instead of examining the justness -of this represen- tation, I shall beg leave to oppose against it ni}' own view of this case, in as plain a manner and as few words as I am able. It was the known and established law of parlia- ment, when the charge against Mr. Walpole came before the house of commons, that they had power to expel, to disable, and to render incapable for offences. In virtue of this power they expelled him. Had they, in the very vote of expulsion, ad- judged him, m terms, to be incapable of being re- electeil, there must have been at once an end with him. But though the right of the house, both to ex- pel and adjudge him incapable, was clear and indubi- table, it does not appear to me that the full opera- tion and effect of a vote of expulsion singly was so. The law in this case had never been expressly declared ; there had been no event to call up such a declaration. I trouble not myself with the gram- matical meaning of the word expulsion ; I regard only its legal meaning. This was not, as I think, precisely fixed. The house thought proper to fix it, and explicitly to declare the full consequences of their former vote, before the}' suffered these con- sequences to take effect : and in this proceeding they acted upon the most liberal and solid prin- ciples of equity, justice, and law. What then did the burgesses of Lynn collect from the second vote ? Their subsequent conduct will tell us : it will with certainty tell us that they considered it as decisive against Mr. Walpole. It will also, with equal cer- tainty, tell us, tiiat, upon supposition that the law JUNIUS'S LETTERS. 127 of election stood then "as it docs now, nnd that they knew it to stand thus, they inferred, " that, at a future election, and in case of a similar return, the house would receive the same candidate, as duly elected, whom they had before rejected." They could infer nothing but this. It is needless to repeat the circumstance of dis- similarity in the present case : it will be sufficient to observe, that, as the law of parlia'=aent, upon which the house of commons grounded every step of their proceedings, was clear beyond the reach o' doubt, so neither could the freeholders of Middlesex be at a loss to foresee what must be the inevitable consequence of their proceedings in opposition to it ; for, upon every return of Mr. Wilkes, the house made inquiry whether any votes were given to any other candidate. But I could venture, for the experiment's sake, even to give this writer the utmost he asksj to allow the most perfect similarity throughout, in these two cases ; to allow that the law of expulsion was quitf as clear to the burgesses of Lynn as to the free- holders of Middlesex. It will, I am confident, avail his cause but little. It will only prove, that the law of election, at that time, was different from the present law. It will prove, that, in all ca^es of an incapable candidate returned, the law then was, that the whole election should be void. Bi;!. now we know that this is not law. The cases of IMalden and Bedford were, d.% has been seen, determined upon other and more just principles; and tlicse (h^ter- minations are, I imagine admitted on all ?i(lcs to he law. 128 JUNIUS'S LETTERS. I would willingly draw a veil ovemhe remaining part of this paper. It is astonishing, il is painful, to see men of parts and ability giving in to the most unworthy artifices, and descending so much below their true line of character. But, if they are not the dupes of their sophistry, (which is hardly to be conceived) let them consider that they are some- thing much worse. The dearest interests of this country are its laws and its constitution. Against every attack upon these, there will, I hope, be always found amongst us the firmest spirit of resistance, superior to the united efforts of faction and ambition : for ambition, though it does not always take the lead of faction, will be sure, in the end, to make the most fatal ad- vantage of it, and draw it to its own purposes. But, I trust, our day of trial is yet far off; and there is a fund of good sense in this country ichich cannot long he deceived by the arts either of false reasoning or false patriotism. XX. To the Printer of the Public Advertiser, SIR, August 8, 1769. The gentleman who has published an answer to sir William INIeredith's pamphlet., having honoured me with a postcript of six quarto pages, which he moderatel}' calls bestowing a very few words upon JUNIUS'S LETTERS. 129 me, I cannot, in common politeness, refuse him a reply. The form and magnitude of a quarto im- poses upon the mind; and men, who are unequal to the labour of discussing- an intricate argument, or wish to avoid it, are willing enough to suppose that much has been proved, because much has been said. Mine, I confess, are humble labours. I do not presume to instruct the learned, but simply to inform the body of the people ; and I prefer that channel of conveyance which is likely to spread farthest among them. The advocates of the minis- try seem to me to write for fame, and to flatter themselves, that the size of their works will make them immortal. They pile up reluctant quarto upon solid folio, as if their labours, because they are gigantic, could contend with truth and heaven. The writer of the volume in question meets me upon my own ground. He acknowledges there is no statute by which the specific disability we speak of is created : but he affirms, that the custom of parliament has been referred to, and that a case strictly in point has been produced, with the de- cision of the court upon it. I thank him for coming so fairly to the point. He asserts, that the case of Mr. Walpole is strictly in point, to prove that ex- pulsion creates an absolute incapacity of being re- elected ; and for this purpose he refers generally to the first vote of the house upon that occasion, without venturing to recite the vote itself. The unfair, disengcinious artifice of adopting that part of a precedent which seems to suit his purpose, and omitting the remainder, deserves some pity, but V 2 9 130 JIJNIUS'S LETTERS. cannot excite my resentment. He takes advantage eagerly of the first resolution, by which Mr. Wal- pole's incapacity is declared ; but as to the two fol- lowing, by which the candidate with the fewest votes was declared " not duly elected," and the elec- tion itself vacated, I dare say hi would be well satisfied if they were for ever blotted out of the journals of the iiouse of commons. In fair argu- ment, no part of a precedent should be admitted, unless the whole of it be given to us together. The author has divided his precedent ; for he knew, that, taken together, it produced a consequence directly the reverse of that which he endeavours to draw from a vote of expulsion. But what will this honest person say, if I take him at his word, and demonstrate to him, that the house of commons never meant to found Mr. Walpole's incapacity upon his expulsion only ? What subterfuge will then remain .'' Let it be remembered, that we are speaking of the intention of men who lived more than half a century ago ; and that such intention can only be collected from their words and actions, as they are delivered to us upon record. To prove their de- signs by a supposition of what they would have done, opposed to what they actually did, is mere trifling and impertinence. The vote by which Mr. Walpole's incapacity was declared is thus expressed : " That Robert Walpole, esq. having been, this ses- sion of parliament, committed a prisoner to the '. ower, and expelled this house for a breach of trust in the execution of his office, and notorious cor- ruption, when secretary at war, was and is inca- JUNIUS'S LETTERS. 131 pable of being elected a member lo sei , e in this present parliament."* Now, sir, to my understand- ing, no proposition of this kind can be more evi- dent, than that the house of commons, by this very vote, themselves understood, and meant to declare, that Mr. Walpole's incapacity arose from the crimes he had committed, not from the punishment the house annexed to them. The high breach of trust, the notorious corruption, are stated in the strongest terms. They do not tell us that he was incapable because he was expelled, but because he had been guilty of such offences as justly rendered him un- worthy of a seat in parliament. If they had in- tended to fix the disability upon his expulsion alone, the mention of his crimes in the same vote would have been highly improper, h could only perplex tlie minds of the electors, who, if they collected any thing from so confused a declaration of the law of parliament, must have concluded, that their repre- sentative had been declared incapable because he was highly guilty, not because he had been punished. • It is well worth remarking, that the compiler of a cer- tain quarto, called The Case of the last Election for the County of Middlesex considf^ , /, has the impudence to recite this very vote in the following terms (vide page 11) : ** Resolved, that Robert Walpole, esq. having been this session of parHament expelled the house, was, and is, in- capable of being elected a member to serve in the preseii peu-liament." There cannot be a stronger positive proof of the treachery of the conij)iler, nor a stronger presumptive proof tliat he was rouvincod that the vole, if dul}' recited, would overturn his m'.oIc arguniont. 132 JUNIUS'S liETTERS. But, even admitting them to have understood it in the other sense, they must then, from the very terms of the vote, have united the idea of liis being sent to the Tower with that of his expulsion ; and considered his incapacity as the joint effect of both.* • Addressed to the Printer of the Public Advertiser. SIR, May 22, 1771. Very early in the debate upon the decision of the Mid- dlesex election, it was observed by Junius, that the house of commons had not only exceeded their boasted precedent of the expulsion and subsequent incapacitation of Mr. Walpole, but that they had not even adhered to it strictly as far as it went. After convicting Mr. Dyson of giving a false quotation from the journals, and having ex- plained the purpose which that contemptible fraud was in- tended to answer, he proceeds to state the vote itself by which Mr. Walpole's supposed incapacity was declared, viz. " Resolved, that Robert Walpole, esq. having been this ses- sion of parliament committed a prisoner to the Tower, and expelled this house for a high breach of trust in the execution of his office, and notorious corruption when se- cretary at war, was and is incapable of being elected a member to serve in this present parliament ;" and then ob- serves, that, from the terms of the vote, we have no right to annex the incapacitation to the expulsion only ; for that, as the proposition stands, it must arise equally from expulsion and the commitment to the Tower. I be- 1 >e, sir, no man, who knows any thmg of dialectics, or who understands English, will dispute the truth and fair- ness of this construction. But Junius has a great authori- ty to support him, wh'ch, to speak with the duke of JUl^lUS'S LETTERS. 133 I do not mean to give an opinion upon the jus- tice of the proceedings of the house of commons with regard to Mr. Walpole j but certainly, if I ad- Grrafton, I accidentally met with this morning in the course of my reading. It contains an admonition, which cannot be repeated too often. Lord Sommers, in his excellent tract upon the Rights of the People, after reciting the votes of the convention of the 28th of January, l6S9, viz. " That king James the Second, having endeavoured to subvert the constitution of this kingdom, by breaking the original contract between king and people, and, by the ad- vice of Jesuits, and other wicked persons, liaving violated the fundamental laws, and having withdrawn himself out of this kingdom, hath abdicated the government," &c. — makes this observation upon it : " The word abdicated re- lates to all the clauses foregoing, as well as to his deserting the kingdom, or else they would have been wholly in vain." And that there might be no pretence for confining the ab- dication merely to the withdrawing, lord Sommers farther observes, That king James, by refusing to govern us according to that law by which he held the crown, did implicitly renounce his title to it. If Junius^s construction of the vote against Mr. Walpole be now admhted (and, indeed, I cannot comprehend how it can honestly be disputed) the advocates of the house of commons must either give up their precedent entirely, or be reduced to the necessity of maintaining one of the grossest absurdities imaginable, viz. " That a commitment to the Tower is a constituent part of, and contril)utes half at least to the incapacitation of the person who suffers h." I need not make you any excuse for endeavouring to keep alive the attention of the public to the decision of the Middlesex election. The more I consider it, the more I am convinced, that, as ;i fact, it is indeed higidy injurious 131 JUNIUS'S LLTTERS. miited their censure to be well founded, I could no way avoid agreeing with them in the consequence tliey drew from it. I could never have a doubt, in law or reason, that a man convicted of a high breach of trust, and of a notorious corruption, in the execu- tion of a public office, was, and ought to be, incapa- ble of sitting in the same parliament. Far from attempting to invalidate that vote, I should have to the rights of the people ; but that, as a precedent, it is one of the most dangerous that ever was established against those who are to come after us. Yet, I am so far a mode- rate man, that I verily believe the majority of the house of commons, when they passed this dangerous vote, neither understood the question, or knew the consequence of what they were doing. Their motives were rather despicable than criminal, in the extreme. One effect they certainly did not foresee. They are now reduced to such a situation, that if a member of the present house of commons were to conduct himself ever so improperly, and, in reality, deserve to be sent back to his constituents with a mark of disgrace, they would not dare to expel him ; because they know that the people, in order to try again the great question of right, or to thwart an odious house of commons, would probably overlook his immediate unworthiness, and return the same person to parliament. But, in time, the precedent will gain strength ; a future house of commons will have no such ««pprehensions ; consequently, will not scruple to follow a precedent which they did not f«tablish. The miser himsell seldom lives to enjoy the fruit of his extortion, but his heir succeeds to him of course, and takes possession without cen- sure. No man expects him to make restitution ; and, no matter for his title, he lives euietly upon the estate. PHILO JUNIUS. JUNIUS'S LETTERS. 135 wished that the incapacity declared hy it could legally have been continued for ever. Now, sir, observe how forcibly the argument returns. The house of commons, upon the face of their proceedings, had the strongest motives to de- clare Mr. Walpole incapable of being re-elected. They thought such a man unworthy to sit among them. To that point they proceeded, and no far- ther ; for they respected the rights of the people, while they asserted their own. They did not infer, from Mr. Walpole's incapacity, that his opponent was duly elected ; on the contrary, they declared Mr. Taylor " not duly elected," and the election it- self void. Such, however, is the precedent which my honest friend assures us is strictly in point, to prove, that expulsion of itself creates an incapacity of being elected. If it had been so, the present house of commons should at least have followed strictly the example before them, and should have stated to us, in the same vote, the crimes for which they expelled Mr. Wilkes : whereas they resolve simply, that, " having been expelled, he was and is inca- pable." In this proceeding, I am authorised to affirm, they have neither statute, nor custom, nor reason, nor one single precedent to support them. On the other side, there is, indeed, a precedent so strongly in point, that all the enchanted casdes of ministe- rial magic fall before it. In the year 1G98 (a period which the rankest Tory dares not except against) Mr. Wollaston was expelled, re-elected, and admit- ted to take his scat in the same parliament. The ministry liave precluded tiiemselves from all ob- 138 ,»UN1US'S LETTERS. jections drawn ironi llie cause of liis expulsion ; for they ciflinn absolutely, that expulsion, of itself, creates the disability. Now, sir, let sophistry evade, let falsehood assert, and iuipudencc deny j here stands the precedent : a land-uuuk to direct us through a troubled sea of controversy, conspicuous and unreinoved. I have dwelt the longer upon the discussion of this point, because, in my opinion, it comprehends the whole question. The rest is unworthy of notice. We are inquiring whether incapacity be, or be not# created by expulsion. In the cases of Bedford and Maiden, the incapacity of the persons returned was matter of public notoriety, for it was created by act of parliament. But really, sir, my honest friend's supyositions are as unfavourable to him as his facts. He well knows that the clergy, besides that they are represented in connnon with their fellow subjects, have also a separate parliament of their own j that their incapacity to sit in the house of commons has been cbnfirmed by repeated decisions of that house j and that the law of parliament, declared by those decisions, has been, for above two centuries, noto- rious and undisputed. The author is certainly at liberty to fancy cases, and make whatever compari- sons he thinks proper : his suppositions still continue as distant from fact as his wild discourses are from solid argument. The conclusion of his book is candid to an extreme. He offers to grant me all I desire. He thinks he may safely admit, that the case of Mr. Walpole makes directly against him ; for it seems he has one grand solution in pelf .■ for all difficulties. " If (says JUNIUS'S LETTERS. 137 he) I were to allow all this, it will only prove that the law of election was different in queen Anne's time from what it is at present." This, indeed, is more than I expected. The principle, I know, has been maintained in fact 4 but I never expected to see it so formally declared. What can he mean ? Does he assume this language to satisfy the doubts of the people, or does he mean to rouse their indignation ? Are the ministry daring enough to affirm, that the house of commons have a right to make and unmake the law of parliament, at their pleasure .'' Does the law of parliament, which we are often told is the law of the land, does the common right of every subject of the realm, depend upon an arbitrary, capricious vote of one branch of the legislature ? The voice of truth and reason must be silent. The ministry tell us plainly, that this is no longer a question of right, but of power and force alone. What was law yesterday is not law to-day : and now, it seems, we have no better rule to live by, than the temporary discretion and fluctuating integrity of the house of commons. Professions of patriotism are become stale and ridiculous. For my own part, I claim no merit from endeavouring to do a service to my fellow- subjects. I have done it to the best of my under- standing ; and, without looking for the approbation of other men, my conscience is satisfied. What ' -nins to be done, concerns the collective body of the people. They are now to determine for them- selves, whether they will firmly and constitutionally assert their riglits, or make an humble, slavish 138 JUNIUS'S LETTERS. surrender of them at the feet of the ministry. To a generous mind there cannot be a doubt. We owe it to our ancestors, to preserve entire those rights which they have delivered to our care. We owe it to our posterity, not to suffer their dearest in- heritance to be destroyed. But, if it were possible for us to be insensible of these sacred claims, there is yet an obligation binding upon ourselves, from which nothing can acquit us ; a personal interest, which we cannot surrender. To alienate even our own rights, would be a crime as much more enor- mous than suicide, as a life of civil security and freedom is superior to a bare existence : and if life be the bounty of Heaven, we scornfully reject the noblest part of the gift, if we consent to surrender that certain rule of living, without which the con- dition of human nature is not only miserable but con- temptible. JUNIUS. XXI. To the Printer of the Public Advertiser. SIR, August 22, 1769. I must beg of you to print a (ew lines in expla- jation of some passages in my last letter, which, 1 see, liave been misunderstood. 1. When I said that the house of commons never me-ant to found jlr, ^Valpolc's incapacity on his ex JUNIUS'S .ETTERS. 139 pulsion only, I meant no more than to deny the general proposition, that expulsion alone creates the incapacity. If there be any thing ambiguous in the expression, I beg leave to explain it, by say- ing, that, in my opinion, expulsion neither creates nor in any part contributes to create the incapacity in question. 2. I carefully avoided entering into the merits of Mr. Walpole's case. I did not inquire whether the house of commons acted justly, or whether they truly declared the law of parliament. My remarks went only to their apparent meaning and intention, as it stands declared in their own resolution. 3. I never meant to affirm, that a commitment to the Tower created a disqualification. — On the con- trary, I considered that idea as an absurdit}^, into which the ministry must inevitably fall if they reason- ed righ* upon their own principles. The case of Mr. Wollaston speaks for itself. The ministry assert, that expulsion alone creates an ab- solute, complete incapacity to be re-elected to sit in the same parliament. This proposition they have uniformly maintained, without any condition or modification whatsoever. Mr. Wollaston was ex- pelled, re-elected, and admitted to take his seat in the same parliament. I leave it to the public to determine, whether this be plain matter of fact, or mere nonsense or declamation. JUNIUS. 140 JUNIUS'S LETTERS. xxn. To the Prinier of the Public Advertiser. September 4, 1769' Argument against Fact ; or, a new System of Political Logic, by which the ministry have demon- strated, to the satisfaction of their friends, that expul- sion alone creates a complete incapacity to be re- elected, alias, That a subject of this realm may be robbed of his common right by a vote of the house •>f commons. FIRST FACT. Mr. Wollaston, in 1698, was expelled, re-elected, and admitted to take his seat. ARGUMENT. As this cannot conveniently be reconciled with our general proposition, it may be necessary to shift our ground, and look back to the cause of Mr. Wol- laston's expulsion. From thence it will appear clearly, that, " altkiough he was expelled, he had not rendered himself a culprit, too ignominious to sit in parliament ; and that, having resigned his employment, he was no longer incapacitated by law." Vide Serious Considerations, page 23. Or thus : " The house, somewhat inaccurately, used the word expelled ; they should have called it a motion.''^ JUNIUS'3 LETTERS. 141 yide J\Iungo^s Case considered, page 11. Or, in short, if these arguments should be thought insuf- ficient, we may fairly deny the fact. For example : " 1 affirm that he was not re-elected. The same Mr. Wollaston, who was expelled, was not again elected. The same individual, if you please, walked into the house, and took his seat there ; but the same person, m law, was not admitted a member of that parliament from which he had been discarded." Vide Letter to Junius, page 12. SECOND FACT. J\Ir. Walpole, having been committed to the Tower, and expelled, for a high breach of trust, a/nd notorious corruption in a public office, was declarea incapable, ^c. ARGUMENT. From the terms of this vote, nothing can be more evident, than that the house of commons meant to fix the incapacity upon the punishment, and not upon the crime ; but, lest, it should appear in a different light to weak, uninformed persons, it may be advisable to gut the resolution, and give it to the public, with all possible solemnity, in the following terms, viz. " Resolved, that Robert Wal- pole, esq. having been that session of parliament expelled the house, was and is incapable of being elected a member to serve in tiiat present parlia- ment." Vide Mungo, on the Use of Quotations, page 1 1 . i42 JUNIUS'S LETTERS. N. B. The author of the answer to^Sir WilHam Meredith seems to have made use of Mimgo's quo- tation : for, in page 18, he assures us, " Tliat the declaratory vote of the 17th of February, 17G9, was, indeed, a literal copy of the resolution of the house in Mr. Walpole's case " THIRD FACT. His opponent, Mr. Taylor, having the smallest numher of votes at the next election, was declared not duly elected. ARGUMENT. This fact we consider as directly in point, to prove, that Mr. Luttrell ought to be the sitting member, for the following reasons : " The burgesses of Lynn could draw no other inference from this resolution but this ; that, at a future election, and in case of a similar return, the house would receive the same candidate as duly elected whom they had before rejected." Vide Postscript to Junius, page 37. Or thus : " This, their resolution, leaves no room to doubt what part they would have taken, if, upon a subsequent re-election of Mr. Walpole, there had been any other candidate in competition with him: for by their vote, they could have no other inten- tion than to admit such other candidate." T^ide Mungo''s Case considered, page 39. Or, take it in this light : the burgesses of Lymi having, in defiance of the house, retorted upon them a person whom they had branded witli the most ignominious marks of their displeasure, were thereby so well entitled to JUNIUS'S LETTERS. 143 favour and indulgence, that the house could do no less than rob Mr. Taylor of a right legally vested in him, in order that the burgesses might be apprised of the law of parliament ; which law the house took a very direct way of explaining to them, by resolving that the candidate with the fewest votes was not duly elected : " And was not this much more equi- table, more in the spirit of that equal and substantial justice which is the end of all law, than if they had violently adhered to the strict maxims of law .f"' T^ide Serious Considerations, pages 33 and 34. " And if the present house of commons had chosen to follow the spii'it of this resolution, they would have received and established the candidate with the fewest votes." T^ide Answer to sir W. M. page 18. Permit me now, sir, to show you, that the worthy Dr. Blackstone sometimes contradicts the ministry, as well as himself Tlie speech without doors asserts, page 9th, " That the legal effect of an in- capacit}'^, founded on a judicial deterniination of a complete court, is precisely the same as that of an incapacity created by an act of parliament." Now for the doctor. " The law, and the opinion of the judge, are not always convertible terms, or one and the same thing ; since it sometimes may happen, t'nat the judge may mistake the law." Commentaries, vol. i. p. 71. The answer to sir W. M. asserts, page 23, *' That the returning officer is not a judicial, but a purely ministerial officer. His return is no jiulicial act." At 'em again, doctor. " The sheriff, in his judicial capacity, is to hear and determine causes of forty Ml JUNIUS'S LETTERS. shillings value, and niulcr, in his county court. He has also a judicial power in divers other civil cases. lie is likewise to decide the elections of knights of the shire (sn])ject to the control of the house of com- mons,) to judge of tiie qualification of voters, and to •cturn such as he shall determine to be duly elected." Vide Commentaries, vol. i. p. 332. What conclusion shall we draw from such facts, and such arguments, such contradictions ? I cannot express my opinion of the present ministry more ex- actly than in the words of sir Richard Steele, " That we are governed by a set of drivellers, whose folly takes away all dignity from distress, and makes even talamitv ridiculous." PHILO JUNIUS. XXIII. To his Grace the Duke of Bedford. MY LORD, September 19, 1769. You are so little accustomed to receive any marks of respect or esteem from the public, that if, in the following lines, a compliment or expression of ap- plause should escape me, I fear you would consider it as a mockery of your established character, and, perhaps, an insult to your understanding. You have nice feelings, my lord, if we may judge from your resentments. Cautious, therefore, of giving offence, where yoTi iiave so little deserved it, I shall leave JUNIUS'S LETTERS. tU tlje illustration of your virtues to other hands Your friends have a privilege to play upon the easiness of your temper, or, possibly, they are better acquainted with your good qualities than I am. You have done good by stealth. The rest is upon record. You have still left ample room for speculation, when panegyric is exhausted. You are, indeed, a very considerable man. The highest rank, a splendid fortune, and a name, glo- rious, till it was yours, were sufficient to have sup- ported you with meaner abilities than I think you possess. From the first, you derive a constitutional claim to respect ; from the second, a natural exten- sive authority ; the last created a partial expectation of hereditary virtues. The use you have made of these uncommon advantages might have been more honourable to yourself, but could not be more in- structive to mankind. We may trace it in the veneration of your country, the choice of your friends, and in the accomplishment of every sanguine • hope which the public might have conceived from the illustrious name of Russell. The eminence of your station gave you a com- manding prospect of your duty. The road which led to honour was open to your view. You could not lose it by mistake, and you had no temptation to depart from it by design. Compare the natural ' dignity and importance of the highest peer of Eng- land : the noble independence which he might have maintained in j)arliament; and tha real interest and respect which he might have acquired, not only in parliament, but through the whole kingdom ; com- voL. r. G 10 146 JUNItJS'S LETTERS. pare these glorious distinctions, with nhe ambition of holding a share in government, the emoluments of a place, the sale of a borough, or the purchase ol a corporation ; and though you may not regret the virtues which create respect, you may see with anguish how much real importance and authority you have lost. Consider the character of an inde pendent, virtuous duke of Bedford ; imagine what he might be in this country ; then reflect one mo- ment upon what you are. If it be possible for me to withdraw my attention from the fact, I will tell you in theory what such a man might be. Conscious of his own weight and importance, his conduct in parliament would be directed by notlilng but the constitutional duty of a peer. He would consider himself as a guardian of the laws. Willing to support the just measures of government, but determined to observe the conduct of the minister with suspicion, he would oppose the violence of faction with as much firmness as the encroachments of prerogative. He would be as little capable of bargaining with the minister for places for himself or his dependents, as of descending to mix himself in the intrigues of opposition. Whenever an im- portant question called for his opinion in parlia- ment, he would be heard by the most profligate minister with deference and respect. His authority would either sanctify or disgrace the measures of government. The people would look up to him as to their protector ; and a virtuous prince would have one honest man in his dominions, in whose integrity and judgment he might safely confide. JUNIUS'S LETTERS. 147 If it should be the will of Providence to afflict* him with a domestic misfortune, he would submit to the stroke with feeling, but not without dignity. He would consider the people as his children, and receive a generous, heartfelt consolation, in the sympathizing tears and blessings of his country. Tour grace may probably discover something more intelligible in the negative part of this illus- trious character. The man I have described would never prostitute his dignity in parliament, by an indecent violence, either in opposing or defending a minister. He would not at one moment rancor- ously persecute, at another basely cringe to, the favourite of his sovereign. After outraging the royal dignity with peremptory conditions, little short of menace and hostility, he would never de- scend to the humility of soliciting an interview^ with the favourite, and of offering to recover, at any price, the honour of his friendship. Though deceived, perhaps, in his youth, he would not, through the course of a long life, have invariably chosen his friends frorr among the most profligate of mankind. His own nonour would have forbid- den him from mixing his private pleasures or con- versation with jockeys, gamesters, blasphemers, • The duke had lately lost his only son by a fall from his horse. t At this interview, which passed at the house of the late lord Eglintouu, lord Bute told the duke, that he was deter- mined never to have any connexion w'^th a man who liad so basely betrayed him. 148 JUNIUS'S LETTERS. gladiators, or buffoons. He would then have never felt, much less would he have submitted to, the dis- honest necessity of engaging in the interests and intrigues of his dependents ; of supplying their vices, or relieving their beggary, at the expense o' his country. He would not have betrayed such ignorance, or such contempt, of the constitution, as openly to avow, in a court of justice, the pur- chase* and sale of a borough. lie would not have thought it consistent with his rank in the state, or even with his personal importance, to be the little tyrant of a little corporation.! He would never have been insulted with virtues which he had la- boured to extinguish; nor suffered the disgrace of a mortifying defeat, which has made him ridiculous and contemptible even to the few by whom he was not detested. I reverence the afflictions of a good man ; his sorrows are sacred. But how can we take part in the distresses of a man whom we can nei- ther loye or esteem : or feel for a calamity of which lie himself is insensible.'' Where was the father's heart, when he could look for, or find, an imme- • In an answer in chancery, in a suit against him to recover a large sum, paid him by a person whom he had undertaken to return to parliament for one of his grace's boroughs, he was compelled to repay the money. Of Bedford, where the tyrant was held in such con- tempt and detestation, that, in order to deliver fliemselves t'rom liim, they admitted a great number of strangers to the (reedom. To make his defeat truly ridiculous, he tried bis whole strength against Mr. Ilorne, and was beaten upon his own ground. JUNIUS'S LETTERS. 149 diate consolation for the loss of an only son, in consultations and bargains for a place at court, and even in the misery of ballotting at the India House ? Admitting, then, that you have mistaken or de- serted those honourable principles which ought to have directed your conduct ; admitting that you have as little claim to private affection as to public esteem, let us see with what abilities, with what de- gree of judgment, you have carried your own sys- tem into execution. A great man, in the success, and even in the magnitude, of his crimes, finds a rescue from contempt. Your grace is every way unfortunate. Yet I will not look back to those ridiculous scenes, by which, in your earlier days, you thought it an honour to be distinguished ;* the recorded stripes, the public infamy, your own sufferings, or Mr. Rigby's fortitude. These events undoubtedly left an impression, though not upon your mind. To such a mind, it may, perhaps, be a pleasure to reflect, that there is hardly a corner of • Mr. Heston Humphrey, a country attorney, horse- whipped the duke, with equal justice, severity, and perse- verance, on the course at Lichfield. Rigby and lord Tren- tham were also cudgelled in a most exemplary manner. This gave rise to the following story : " When the late king heard that sir Edward Ilawke had given tlic French a druh- bing, his majesty, who had never received that kind of chas- tisement, was pleased to ask lord Chesterfield the meaning of the word.—" Sir," says lord Chesterfield, '' the meaning of the word — But here conies the duke of Bedford, who b better able to explain it to your majesty dian I am." 150 JUNIUS'S LETTERS. any of his majesty's kingdoms, except France, in which, at one time or other, your valuable life has cot been in danger. Amiable man ! we see and ac- knowledge the protection of Providence, by wlfich you have so often escaped the personal detestation of your fellow-subjects, and are still reserved for the public justice of your country. Your history begins to be important at that auspicious period, at which you were deputed to represent the earl of Bute at the court of Versailles. It was an honourable office, and executed with the same spirit with which it was accepted. Your patrons wanted an ambassador who would submit to make concessions, without daring to insist upon any honourable condition for his sovereign. Their business required a man who had as little feeling for his own dignity, as for the welfare of his country ; and they found him in the first rank of the nobility. Belleisle, Goree, Guadaloupe, St. Lucia, Martin- ique, the Fishery, and the Havana, are glorious monuments of your grace's talents for negotiation. My lord, we are too well acquainted with your pe- cuniary character, to think it possible that so many public sacrifices should have been made without some private compensations. Your conduct carries with it an internal evidence, beyond all the legal proofs of a court of justice. Even the callous pride of lord Egremont was alarmed.* He saw and felt • This man, notwithstanding his pride and Tory prin ciples, had some English stuff in him. Upon an official letter he wrote to the duke of Bedford, tl o duke desiro(] to JUNIUS'S LETTERS. 151 liia own dishonour in corresponding with you : and there certainly was a moment at which he meant to have resisted, had not a fatal lethargy prevailed over his faculties, and carried all sense and memory away with it. I will not pretend to specify the secret terms on which you were invited to support* an administra- tion which lord Bute pretended to leave in full possession of their ministerial authority, and per- fectly masters of themselves. He was not of a temper to relinquish power, though he retired from employment. Stipulations were certainly made be- tween your grace and him, and certainly violated. After two years' submission, you thought you had collected strength enough to control his influence, and that it was your turn to be a tyrant, because you had been a slave. When you found yourself mis- taken in your opinion of your gracious master's firmness, disappointment got the better of all your humble discretion, and carried you to an excess of outrage to his person, as distant from true spirit, as from all decency and respect.t After robbing him be recalled, and it was with the utmost difficulty that lord Bute could appease him. * Mr. Grenville, lord Halifax, and lord Egremont. t The ministry having endeavoured to exclude the dow- ager out of the Regency Bill, the earl of Bute determined to dismiss them. Upon this, the duke of Bedford demanded an audience of the , reproached him in plain terms with his duplicity, baseness, falsehood, treachery, and hypocrisy; repeatedly gave him the lie, and left him in convulsions 152 JUNIUS'S LETTERS of the rigl'ts of a king, you would not permit him to preserve the honour of a gentleman. It was then lord Weymoutli was nominated to Ireland, and despatched (we well remember widi what inde- cent hurry) to plunder the treasury of the first fruits of an employment, which you well knew he was never to execute.* Tiiis sudden declaration of war against the fa- vourite, might have given you a momentary merit with the public, if it had either been adopted upon principle, or maintained with resolution. With- out looking back to all your former servility, we need only observe your subsequent conduct, to see upon what motives you acted. Apparently united with Mr. Grenville, you waited until lord Rocking- liaui's feeble administration should dissolve in its own weakness. The moment their dismission was suspected, the moment you perceived that another system was adopted in the closet, you thought it nc disgrace to return to your former dependence, and solicit once moi-e the friendship of lord Bute. You begged an interview, at which he had spirit enough to treat you with contempt. It would now be of little use to point out by what a train of weak, injudicious measures, it became necessary, or was thought so, to call you back to a sharr in the administration.t The friends, whom * He received three thousand pounds for plate and equipage money. t Wlien earl Gower was appointeJ president of the council, the king, witli his usual sincerity, assured him JUNIUS'S LETTERS. 163 yoa did not in the last instance desert, were not oi a character to add strength or credit to government : and, at that time, your alliance with the duke ot Grafton, was, I presume, hardly foreseen. VVe must look for other stipulations to account for that sud- den resolution of the closet, by which three of your dependents* (whose characters, I think, cannot be less respected than they are) were advanced to offices, through which you might again control the minister, and probably engross the whole directio.i of affairs. The possession of absolute power is now once more within your reach. The measures you have taken to obtain and confirm it, are too gross to escape the eyes of a discerning, judicious prince His palace is besieged ; the lines of circumvallation are drawing round him; and, unless he finds a re- source in his own activity, or in the attachment :.l the real friends of his family, the best of princes must submit to the confinement of a state prisoner, until your grace's death, or some less fortui ate event, shall raise the siege. For the present, you may safely resume that style of insult and merace, which even a private gentleman cannot submit to hear without being contemptible. Mr. M'Kenzie's history is not yet forgotten ; and you may find pre- cedents enough of the mode in which an imperioua that he had not had one happy moment since the duke of Bedford left him. • Lords Gower, Weymouth, and Sandwich. G 2 154 JUNIUS'S LETTERS. subject may signify his pleasure to his sovereign. Where will this gracious monarch look for assist- ance, when the wretched Grafton could forget his obligations to his master, and desert him for a iiol- low alliance with such a man as the duke ol Bedford ! Let us consider you, then, as arrived at the sum- mit of worldly greatness ; let us suppose that all your plans of avarice and ambition are accom- plished, and your most sanguine wishes gratified, in the fear as well as the hatred of the people j can age itself forget that you are now in the last act of life ^ Can gray hairs make folly venerable ? And is there no period to be reserved for meditation and re- tirement ? For shame, my lord ! let it not be re- corded of you, that the latest moments of your life were dedicated to the same unworthy pursuits, the same busy agitations, in which your youth and manhood were exhausted. Consider that, although you cannot disgrace your former life, you are vio- lating the character of age, and exposing the im- potent imbecility, after you have lost the vigour, of the passions. Your friends will ask, perhaps. Whither shall this unhappy old man retire .'' Can he remain in the metropolis, where his life has been so often threat- ened, and his palace so often attacked ? If he returns to Woburn, scorn and mockery await him. He must create a solitude round his estate, if he would avoid the face of reproach and derision. At Ply- mouth, his destructior woiald be more than probable ; at Exeter, inevitable No honest Englishman will JUNIUS'S LETTERS. 155 ever forget his attachment, nor any honest Scotch- man forgive his treachery, to lord Bate. At every town he enters, he must change his liveries and name. Whichever vva}' he flies, the hue and cry of the country pursues him. In another kingdom, indeed, the blessings of his administration have been more sensibly felt ; his virtues better understood ; or, at worst, they will not, for him alone, forget their hospitality. As well might T^erres have returned to Sicily. You have twice escapee, my lord ; beware of a third experiment. The indignation of a whole people, plundered, insulted, and oppressed, as they have been, will not always be disappointed. It is in vain, therefore, to shift the scene. You can no more fly from your enemies, than from yourself Persecuted abroad, you look into your own heart for consolation, and find nothing but reproaches and despair. But, my lord, you may quit the field of business, though not the field of danger; and though you cannot be safe, you may cease to be ridiculous. I fear you have listened too long to the advice of those pernicious friends, with whose interests you have sordidly united your own, and for whom you have sacrificed every thing that ought to be dear to a man of honour. They are still base enough to encourage the follies of your age, as they once did the vices of your youth. As little acquainted with the rules of decomm as with the laws of morality, they will not sufler you to profit by experience, nor even to consult the propri- ety of a bad character. Even now they tell you 156 JUmUS'S LETTERS. that life is no more than a dramatic scene, in which the hero should preserve his consistency to the last j and that as you lived without virtue, you should die without repentance. JUNIUS XXIV. To Junit^.. SIR, September 14. 1769. Having, accidentally, seen a republication of your letters, wherein you have been pleased to assert, tliat I had sold the companions of my success, I am again obliged to declare the said assertion to be a most infamous and malicious falsehood ; and I again call upon you to stand forth, avow yourself, and prove the charge. If you can make it out to the satisfaction of any one man in the kingdom, I will be content to be thought the worst man in it ; if you do not, what must the nation think of you .'* Party has nothing to do in this affair : you have made a personal attack upon my honour, defamed me by a most vile calumny, which might possibly have sunk into oblivion, had not such uncommon pains been taken to renew and perpetuate this scandal, chiefly because it has been told in good language ; for I give you full credit for your elegant diction, well-turned periods, and Attic wit : but JUNIUS'S LETTERS 157 wit IS oftentimes false, though it may appear bril- liant; which is exactly the case of your whole per- formance. But, sir, I am obliged, in the most serious manner, to accuse you of being guilty ol falsities. You have said the thing that is not To support your story, you have recourse to the following irresistible argument : " You sold the companions of your victory, because, when the 16th regiment was given to you, you was silent. The conclusion is inevitable." I believe that such deep and acute reasoning could only come from such an extraordinary writer as Junius. But, un- fortunately for you, the premises, as well as the conclusion, are absolutely false. Many applications have been made to the ministry, on the subject of the Manilla ransom, since the time of my being colonel of that regiment. As I have for some years quitted London, I was obliged to have recourse to the honourable colonel Monson, and sir Samuel Cornish, to negotiate for me. In the last autumn, I personally delivered a memorial to the earl o Shelburne, at his seat in Wiltshire. As you have told us of your importance, that you are a person of rank and fortune, and above a common bribe, you may, in all probability, be not unknown to his lordship, who can satisfy you of the truth of what I say. But I shall now take the liberty, sir, to seize your battery, and turn it against yourself. If your puerile and tinsel logic could carry the least weight or conviction with it, how must you stand affected by the inevitable conclusion, as you are pleased to term it? According to Junius, silence is guilt. In many of the public papers, you have i.'iS JUXIUS'S LETTERS. been called, in the most direct and offensive terms, a liar and a coward. When did you reply to these foul accusations .'' You have been quite silent, quite chop-fallen : therefore, because you was silent, the nation has a right to pronounce you to be both a liar and a coward, from your own argument. But, sir, I will give you fair play ; I will afford you an oppor- tunity to wipe off the first appellation, b}' desiring the proofs of your charge against me. Produce them ! To wipe off the last, produce yourself. Peo- ple cannot bear any longer your lion's skin, and the despicable imposture of the old Roman name which you have affected. For the future, assume the name of some modern* bravo and dark assassin: let your appellation have some affinity to your practice. But if I must perish, Junius, let me perish in the face of day: be for once a generous and open enemy. I allow that Gothic appeals to cold iron, are no better proofs of a man's honesty and veracity, than hot iron and burning plough-shares are of female chastity ; jut a soldier's honour is as delicate as a woman's : it must not be suspected. You have dared to throw more than a suspicion upon mine : you cannot but know the consequences, which even the meekness of Christianity would pardon me for, after the injury you have done me. WILLIAM DRAPER. * Was Brutus an ancient bravo and dark assassin ? Or does sir W. D. think it crimina. to stab a tyrant to the heart ? JUNIUS'S LETTERS. 159 XXV. Haeret later! lethalis arundo. To Sir William Draper, Knight of the Bath. SIR, September 25^ 1769- After so long an interval, I did not expect to see the debate revived between us. My answer to your last letter shall be short; for I write to you with reluctance, and I hope we shall now conclude our correspondence for ever. Had you been originally, and without provoca- tion, attacked by an anonymous writer, you would have some right to demand his name. But in this cause you are a volunteer. You engaged in it with the unpremeditated gallantry of a soldier. You were content to set your name in opposition to a man who would probably continue in concealment. You understood the terms upon which we were to correspond, and gave at least a tacit assent to tliem. After voluntarily attacking me, under the character of Junius, what possible right have you to know me under any other? Will you forgive me if I insinuate to you, that you foresaw some honour in the appa- rent spirit of coming forward in person, and that you were not quite iiidifierent to the display of your lite- rary qualifications ? leo JUNIUS'S LETTERS. Yon cannot but know, that the republication of my letters was no more than a catch-penny contrivance of a printer, in wliich it was impossible I should be concerned, and for which I am no way answerable. At the same time, I wish you to understand, that if T do not take the trouble of reprinting these papers, it is not from any fear of gi^ing oficnce to sir William Drnpor. Your remarks upon a signature adopted merely for distinction, are unworthy of notice : but when you toll me I have submitted to be called a liar and a coward, I must ask you, in my turn, whether you seriously think it any wa}' incumbent on me to take notice of the silly invectives of every simpleton who v.ritos in a newspaper; and what opinion you woidd have conceived of my discretion, if I had suffered my- self to be the dupe of so shallow an artifice ? Your appeal to the sword, though consistent enough with your late profession, will neither prove 3'our innocence, nor clear you from suspicion. Your complaints with regard to the Manilla ransom, were, for a considerable time, a distress to govern- ment. You were appointed (greatly out of your turn) to the command of a regiment ; and during that administration we heard no more of sir William Draper. The facts of which I speak may, indeed, be variously accounted for ; but tlu-y are too notori- ous to be denied ; and I think yovi might have learn- ed, at the university, that a false conclusion is an error in argument, not a breach of veracity. Your solicitations, I doubt not, were renewed under another administration. Admitting the fact, I fear an indif- ferent person would only infer from it, that experi- JUNIUS'S LETTERS. 161 ence had made you acquainted with the benefits of complaining. Remember, sir, that you have your- self confessed, that, considering the critical situation of this country, the ministry are in the right to tempo- rise with Spain. This confession reduces you to an unfortunate dilemma. By renewing your solicita- tions, you must either mean to force your country into a war at a most unseasonable juncture, or, having no view or expectation of that kind, that you look for nothing but a private compensation to yourself. As to me, it is by no means necessary that I should be exposed to the resentment of the worst and the most powerful men in this country, though I may be indifferent about yours. Though you would fight, there are others who would assassinate. But, after all, sir, where is the injury ? You as- sure me, that my logic is puerile and tinsel j that it carries not the least weight or conviction ; that my premises are false, and my conclusions absurd. If this be a just description of me, how is it possible for such a writer to disturb your peace of mind, or to injure a character so well established as yours ? Take care, sir William, how you indulge this un- ruly temper, lest the world should suspect that con- science has some share in your resentments. You have more to fear from the treachery of your own passions, than from any malevolence of mine. I believe, sir, you will never know me. A con- siderable time must certainly elapse before we are personally acquainted. You need not, however, regret the delay, or suffer an apprehension, that any length of lime can restore you to the Christian 11 162 JUNIUS'S LETTERS. meekness of jour temper, and disappoint your pre- sent indignation. If I understand your character, there is in your own breast a repository, in which your resentments may be safely laid up for future occasions, and preserved without the hazard of diminution. The odia in longum jacens, qua re- conderet, auctaque promeret, I thought had only be- longed to the worst character of antiquity. The text is in Tacitus: you know best where to look for the commentary. JUNIUS. XXVI A Word at parting to Junius • SIR, October 7, 1769. As you have not favoured me with either of the explanations demanded of you, I can have nothing more to say to you upon my own account. Your • Measures .and not men, is the common cant of affected moderation : a base counterfeit language, fabricated by knaves, and made current among fools. Such gentle cen- sure is not fitted to the present degenerate state of society. What does it avail to expose the absurd contrivance, or pernicious tendency, of measures, if the man who advises or executes, shall be suffered, not only to escape with im- punity, but even to preserve his power, and insult us with the favour of his sovereign ? I would recoramenc tc the JUNIUS'S LETTERS. 103 mercy to me, or tenderness for yourself, has fafeen very great. The public will judge of you.-- motives. If your excess of modesty forbids you to produce either the proofs or yourself, I will excuse it. Take courage, I have not the temper of Tiberius, any more than the rank or power. You, indeed, are a tyrant of another sort; and upon your politi- cal bed of torture, can excruciate any subject, from a first minister down to such a grub or butterfly as myself; like another detested tyrant of antiquity, can make the wretched sufierer fit the bed, if the bod will not fit the sufierer, by disjointing or tearing the trembling limbs, until they are stretched to its ex- tremity. But courage, constancy, and patience under torments, have sometimes caused the mo^t hardened monsters to relent, and forgive the object of their cruelty. You, sir, are determined to try all that human nature can endure, until she expires ; else, was it possible that you could be the author of that most inhuman letter to the duke of Bedford, I have read with astonishment and horroj ? Where, reader the whole of Mr. Pope's letter to Doctor Arbuthnot, dated July 26th, 1734, from which the following is an ex- tract : " To reform, and not to chastise, I am afraid, is im- possible ; and that the best precepts, as well as the best laws, would prove of small use, if there were no examples to en- force them. To attack vices in the abstract, without touching persons, may be safe fighting, indeed, but it is fighting with shadows. My greatest comfort and encou- ragement to proceed has been to see, tliat those who hare no shame, and no fear of any thing elsc^ .lave appeared louclied by my satires." (G4 JUJNIUS'S LETTERS. sir, where were the feelings of your own heart, when you could upbraid a most affectionate father with the loss of his oidy and most amiable son ? Read over again those cruel lines of yours, and let them wring your very soul ! Cannot political questions be dis- cussed, without descending to the most odious per- sonalities f Must you go wantonly out of your way to torment declining age, because the duke of Bed- ford may have quarrelled with those whose cause and politics you espouse? For shame! for shame! As you have spoken daggers to him, you may justly dread the use of them against your own breast, did a want of courage, or of noble sentiments, stimulate him to such mean revenge. He is above it ; he is brave. Do you fancy that your own base arts have infected our whole island.'' But your own reflec- tions, your own conscience, must, and will, if you have any spark of humanity remaining, give him most ample vengeance. Not all the power of words with which you are so graced, will ever wash out, or even palliate, this foul blot in your character. I have not time, at present, to dissect your letter so minutely as I could wish ; but I w ill be bold enough to say, that it is (as to reason and argument) the most extraordinary piece ofjlorid impotence that was ever imposed upon the eyes and ears of the too credulous and deluded mob. It accuses the duke of Bedford of high treason. Upon what foundation .'* You tell us, " the duke's pecuniary character makes it more than probable, that he could not have made such sacrifices at the peace, without some private compensations: that his conduc carried with it an JtNIUS'S LETTERS. 165 interior evidence, beyond all the legal proofs of a court of justice." My academical education, sir, bids me tell you, that it is necessary to establish the truth of your first proposition, before you presume to draw inferences from it. First prove the avarice, before you make the rash, hasty, and most wicked conclusion. This father, Junius, whom you call avaricious, allowed that son eight thousand pounds a year. Upon his most unfortunate death, which 3'our usual good-na- ture took care to remind him of, he greatly increased the jointure of the afflicted lady his widow. Is this avarice ? Is this doing good by stealth ? It is upon record. If exact order, method, and true economy, as a master of a family ; if splendour, and just magnifi- cence, without wild waste and thoughtless extrava- gance, may constitute the character of an avaricious man, the duke is guilty. But, for a moment, let us admit that an ambassador may love money too much ; what proof do you give that he has taken any to betray his country ? Is it hearsay, or the evidence of letters, or ocular ; or the evidence of those con- cerned in this black afiair ? Produce your authori- ties to the public. It is a most impudent kind of sorcery, to attempt to blind us with the smoke, witli- out convincing us that the fire has existed. You first brand him with a vice that he is free from, to render him odious and suspected. Suspicion is the foul weapon with which you make all your chief attacks ; with that you stab. But shall one of the first subjects of the realm be ruined in his fame, shaK even his life be in constant danger, from a charge lt)6 JUNILS'S LETTERS. built upon sucb sandy foundations? Must Iiis house be besieged by lawless rufilaiis, bis journe^^s impeded, and even the asylum of an altar be insecure from assertions so base and false ? Potent as he is, the duke is amenable to justice ; if guilty, punishable The parliament is the lii^!i and solemn tribunal for matters of such great i!;oi!ient ; to that be they sub- mitted. But I hope, also, tliat some notice will be taken of, and some punishment inflicted upon, false accusers; especially upon such, Junius, who are wil- fully false. In any truth I will agree even with Junius J will agree with him that it is highly unbe- coming the dignit} of peers to tamper with boroughs. Aristocracy is as fatal as democracy. Our consti- tution admits of neither. It loves a king, lords, and commons, really chosen hy tiie unbought suffrages of a free people. But if corruption only shifts hands, if the wealthy commoner gives the bribe instead of the potent peer, is the state better served by this ex- change ? Is the real emancipation of the borough effected, because new parchment boixls may possibly supersede the old ? To say the truth, wherever such practices prevail, they are equally criminal to, and destructive of, oui freedom. The rest of your declamation is scarce worth con- sidering, except for the elegance of the language. Like Hamlet, in the play, you produce two pictures : you tell us, that one is not like the duke of Bed- ford ; then you bring a most hideous caricature, and tell us of the resemblance ; but multum ahludit imago. All your long tedious accounts of the ministerial quarrels, and the intrigues of the cabinet, are re- JUNIUS'S LETTERS. 167 ducible to a few short lines ; and to convince you, sir, that I do not mean to flatter any minister, either past or present, these are my thoughts : they seem to have acted like lovers, or children ; have* pouted, quarrelled, cried, kissed, and been friends again, as the objects of desire, the ministerial rattles, have been put into their hands. But such proceed- ings are very unworthy of the gravity and dignity of a great nation. We do not want men of abilities, but we have wanted steadiness : we want unanimity; your letters, Junius, will not contribute thereto. You may one day expire by a flame of your own kindling. But it is my humble opinion, that lenity and moderation, pardon and oblivion, will disappoint the efforts of all the seditious in the land, and extin- guish their wide-spreading fires. I have lived with this sentiment ; with this I shall die. WILLIAJNI DRAPER. ♦ Sir William gives us a pleasant account of men, who, in his opinion at least, are the best qualified to govern an empire. 168 JUNIUS'S LETTERS. xxvu. To the Printer of the Public Advertiser. SIR, October 13, 1769- If sir William Draper's bed be a bed of tortures, he has made it for himself. I shall never interrupt his repose. Having changed the subject, there are parts of his last letter not undeserving of a reply. Leaving his private character and conduct out of the question, I shall consider him merely in the capacity of an author, whose labours certainly do no discredit to a newspaper. We say, in common discourse, that a man may be his own enemy ; and the frequency of the fact makes the expression intelligible. But that a man should be the bitterest enemy of his friends, impli^^s a contradiction of a peculiar nature. There is some- thing in it, which cannot be conceived, without a confusion of ideas, nor expressed, without a solecism in language. Sir William Draper is still that fatal friend lord Granby found him. Yet, I am ready to do justice to his generosity j if, indeed, it be not something more than generous, to be the voluntary advocate of men, who think themselves injured by his assistance, and to consider nothing in the cause he adopts, but the difficulty of defending it. I thought, however, lie had been better read in the history of the human heart, than to compare or con JUNIUS'S LETTERS. 169 found the toitures of the body with those of the mind. He ought to have known, though, perhaps, it might not be his interest to confess, that no outward tyran- ny can reach the mind. If conscience plays the ♦.yrant, it would be greatly for the benefit of the 'orld that she were more arbitrary, and far less \ acable, than some men find her. But it seems I have outraged the feelings of a father's heart. Am I, indeed, so injudicious.^ Does sir William Draper think I would have hazarded my credit with a generous nation, by so gross a viola- tion of the laws of humanity ? Docs he think I am so little acquainted with the first and noblest charac- teristic of Englishmen ? Or, how will he reconcile such folly with an understanding so full of artifice as mine .'' Had he been a father, he would have been but little offended with the severity of the reproach, for his mind would have been filled with the justice of it. He would have seen, that I did not insult the feelings of a father, but the father who felt nothing. He would have trusted to the evidence of his own paternal heart, and boldly denied the possibility of the fact, instead of defending it. Against whom, then, will his honest indignation be directed, when I assure him, that this whole town beheld the duke of Bedford's conduct, upon the death of his son, with horror and astonishment.'' Sir William Draper does himself but little honour in opposing the general sense of his country. The people arc seldom wrong in their opinions ; in their sentiments they are never mistaken. There may be a vanity, perhaps, in a sin- gular way of thinking : but, when a man professes a want of those feelings which d.o honour to the multi- VOL. I. B 170 JUNIUS'S LETTERS. tude, he hazards something infinitely more important than the character of his understanding. Afte;: all, as sir William may possibly be in earnest in his anxi- ety for the duke of Bedford, I should be glad to re- lieve him from it. He may rest assured, this worthy nobleman laughs, with equal indiflerence, at my re proaches, and sir William's distress about him. But here let it stop. Even the duke of Bedford, insensi- ble as he is, will consult the tranquillity of his life, in not provoking the moderation of my temper. I£ from the profoundest contempt, I should ever rise into anger, he should soon find, that all I have already said of him was lenity and compassion. Out of a long catalogue, sir William Drap'er has confined himself to the refutation of two charges only. The rest he had not time to discuss , and, indeed, it would have been a laborious undertaking. To draw up a defence of such a series of enormities, would have required a life, at least, as long as that which has been uniformly emplo3'ed in the practice of them. The public opinion of the duke of Bedford's extreme economy is, it seems, entirely without foundation. Though not very prodigal abroad, in his own family, at least, he is regular and magnificent. He paj's his. debts, abhors a beggar, and makes a handsome pro- vision for his son. His charity has improved upon the proverb, and ended where it began. Admitting the whole force of this single instance of his domestic generosity, (wonderful, indeed, considering the nar- rowness of his fortune, and the little merit of his only son) the public may still, perhaps, be dissatisfied, and demand some other less equivocal proofs of his mmiificence. Sir William Draper should have en- JUNIUSS LETTERS. 171 tered boldly into the detail of indigence relieved, of arts encouraged, of science patronised, men of learn- ing protected, and works of genius rewarded. In short, had there been a single instance, besides Mr Rigby,* of blushing merit, brought forward by the duke for the service of the public, it should not have been omitted. I wish it were possible to establish my inference with the same certainty on which I believe the prin- ciple is founded. My conclusion, however, was not drawn from the principle alone. I am not so unjust as to reason from one crime to another: though I think that, of all the vices, avarice is most apt to taint and corrupt the heart. I combined the known temper of the man, with the extravagant concessions made by the ambassador ; and though 1 doubt not sufficient care was taken to leave no document of any treasonable negotiation, I still maintain ihat the con- duett of this minister carries with it an internal and convincing evidence against him. Sir William Dra- per seems not to know the value or force of such a proof. He will not permit us to judge of the mo- tives of men, by the manifest tendency of their ac- tions, nor by the notorious character of their minds. * This gentleman is supposed to have the same idea of blushing, that a man, bUnd from his birth, has of scarlet or sky-blue. t If sir W. D. will take the trouble of looking into Torey's Memoirs, he will st'e wit!" what little ceremony a bribe njay be offered to a duke, and • illi what little ceremony it w;ia only not accepted. 172 JUNIUS'S LETTERS. He calls for papers and witnesses with triumphant securit}^^, as if nothing could be true but what could be proved in a court of justice. Yet a religious man might have remembered upon what foundation some truths, most interesting to mankind, have been re- ceived and established. If it were not for the inter- nal evidence wiiich the purest of religions carries with it, what would have become of his once well- quoted decalogue, and of the meekness of his Chris- tianity ? The generous warmth of his resentment makes hiin confound the order of events. He forgets, that the insults and distresses which the duke of Bedford has suffered, and which sir William has lamented, with many delicate touches of (he true pathetic, were only recorded in my letter to his grace, not occasioned by it. It was a simple, can- did narrative of facts ; though, for augiit I know, it may carry with it something prophetic. His grace, undoubtedly, has received several ominous hints ; and, I think, in certain circumstances, a wise man would do well to prepare himself for the event. But I have a charge of a heavier nature against sir William Draper. He tells us, that the duke of Bedford is amenable to justice ; that parliament is a high and solemn tribunal ; and that, if guilty, he may be punished by due course of law ; and all this he says with as much gravity as if he believed one word of the matter, , I hope, indeed, the day of impeachments \\\\\ arrive before this nobleman escapes out of life ; but, to refer us to that mode of proceeding now, with such a ministry, and such JUNIUS'S LETTERS. 173 a house of commons as the present, what is it, but an indecent mockery of the common sense of the nation ? I think he might have contented him- self with defending the greatest enemy, without in- sulting the distresses of his country. His concluding declaration of his opinion, with respect to the present condition of affairs, is too loose and undetermined to be of any service to the public. How strange is it that this gentleman should dedicate so much time and argument to the defence of worthless or indifferent characters, while he gives but seven solitary lines to the only subject which can deserve his attention, or do credit to his abilities ! JUNIUS. xxvni. To the Printer of the Public Advertiser, SIR, October 20, 1769. I very sincerely applaud the spirit with which a lady has paid tlie debt of gratitude to her benefactor. Though I think she has mistaken the point, she shows a virtue which makes her respectable. The question turned upon the personal generosity or ava- rice of a man, whose private fortune is immense. The proofs of his munificence must be drawn from the uses to which he has applied that fortune. I was not speaking of a lord lieutenant oflrcland, but of a 174 JUNIUS'S LETTERS. rich English duke, whose wealth gave him the means of doing as much good in this country, as he derived from his power in another. I am far from wishing to lessen the merit of this single benevolent action ; perhaps it' is the more conspicuous, from standing alone. All I mean to say is, that it proves nothing in the present argument. JUNIUS. XXIX. Addressed to the Printer of the Public Advertiser. SIR, October 19, 1769- I am well assured that Junius will never descend to a dispute with such a writer as Modestus (whose letter appeared in the Gazetteer of Monday), espe- cially as the dispute must be chiefly about words. Notwithstanding the partiality of the public, it does not appear that Junius values himself upon any su- perior skill in composition : and I hope his time will always be more usefully employed than in the trifling refinements of verbal criticism. Modestus, however, shall have no reason to triumph in the silence and moderation of Junius. If he knew as much of the propriety of language, as, I believe, he does of the facts in question, he would have been as cautious of attacking Junius upon his composi- tion, as he seems to be of entering into the subject of it : yet, after all, the last is the only article of any importance to the public. I do not wonder at the unremitted rancour with JUNIUS'S LETTERS. 175 which the duke of Bedford and his adherents inva- riably speak of a nation, which we well know has been too much injured to be easily forgiven. But why must Junius be an Irishman ? The absurdity of his writings betrays him. Waving all considera- tion of the insult offered by Modestus to the de- clared judgment of the people (thej^ may well bear this amongst the rest) let us follow the several instan- ces, and try whether the charge be fairly supported. 1. Then, the leaving a man to enjoy such a re- pose as he can find upon a bed of torture, is severe indeed ; perhaps too much so, when applied to such a trifler as sir William Draper ; but there is nothing absurd either in the idea or expression. Modestus can- not distinguish between a sarcasm and a contradiction. 2. I affirm, with Junius, that it is the frequency of the fact which alone can make us comprehend how a man can be his. own enemy. We should never arrive at the complex idea conveyed by those words, if we had only seen one or two instances of a man acting to his own prejudice. Offer the pro- position to a child or a man unused to compound his ideas, and you will soon see how little either of them understand you. It is not a simple idea arising from a single fact, but a very complex idea arising from many facts, well observed, and accu- rately compared. 3. JModestus could not, without great affectation, mistake the meaning of Junius, when he speaks of a man, who is the bitterest enemy of his friends. He could not but know, that Junius spoke not of a false or hollow friendship, but of a real intcnlioa to serve, and that intention producing the worst effects 176 JUNIUS'S LETTERS. of enmity. Whether the description be strictly appli cable to Sir William Draper, is another question. Junius does not say, that it is more criminal for a man to be the enemy of his friends than his own; though he might have affirmed it with truth. In a moral light, a man may certainly take greater liber- ties with himself, than with another. To sacrifice ourselves merely, is a weakness we may indulge in, if we tliink proper, for we do it at our own hazard and expense ; but, under the pretence of friendship, to sport with the reputation, or sacrifice the honour, of another, is something worse than weakness; and if, in favour of the foolish Intention, we do not call it a crime, we must allow, at least, that it arises from an overweening, busy, meddling impudence. Junius says only, and he says truly, that it is more extra- ordinary ; that it involves a greater contradiction than the other; and, is it not a maxim received in life, that, in general, we can determine more wisely for others than for ourselves ? The reason of it is so clear in argument, that It hardly wants the con- firmation of experience. Sir William Draper, I confess, is an exception to the general rule, though not much to his credit. 4. If this gentleman will go back to his ethics, he may, perhaps, discover the truth of what Junlua says, That no outward tyranny can reach the mind. The tortures of the body may be Introduced, by way of ornament or Illustration, to represent those of the mind ; but, strictly, there Is no similitude be- tween them : they are tot>ally diflerent, both in their cause and operation. The wretch who suffers upon the rack is merely passive : but, when the mind Is JUNIUS'S LETTERS. iin tortured, it is not at the command of any outward power; it is the sense of guilt which constitutes the punishment, and creates that torture, with which the guilty mind acts upon itself. =; ^uriuui 5. He misquotes what Junius says of conscience, and makes the sentence ridiculous, by making it his own. So much for composition. Now for fact. Junius, it seems, has mistaken the duke of Bedford. His grace had all the proper feelings of a father, though he took care to suppress the appearance of them. Yet it was an occasion, one would think, on which he need not have been ashamed of his grief; on which less fortitude would have done him more honour. I can conceive, indeed, a benevolent mo- tive for his endeavouring to assume an air of tran- quillity in his own family ; and I wish I could dis- cover any thing, in the rest of his character, to justify my assigning that motive to his behaviour. But is there no medium ? Was it necessary to ap- pear abroad, to ballot at the India-House, and make a public display, though it were only of an apparent rasensibility ? I know we are treading on tender ground ; and Junius, I am convinced, does not wish to urge this question farther. Let the friends of the duke of Bedford observe that humble silence which becomes their situation. They should recollect, that there are still some facts in store at which human nature would shudder. I shall be understood by those whom it concerns, wlien I say, that these facts go farther than to the duke.* • Within a fortnight after lord Tavistock's death, the venerable Gertrude had a rout at Bedford house. Tli« II 2 12 178 JUNIUS'S LETTERS. It is not inconsistent to suppose, that a man may be quite indifferent about one part of a cbarge, yet severely stung witb another j a id thougl:. he feels no •emorse, that he may wish to be revenged. The Jiarge of insensibility carries a reproach, indeed, but no danger with it. Junius had said, There are others who would assassinate. Modestus, knowing his man, will not suffer the insinuation to be divided, but fixes all upon the duke of Bedford. Without determining upon what evidence Junius would choose to be condemned, I will venture to maintain, in opposition to Modestus, or to Mr, Iligby, (who is certainly not Modestus) or any of the Bloomsbury gang, that the evidence against the duke of Bedford is as strong as any presumptive evidence can be. It depends upon a combination of facts and reasoning, which require no confirmation from the anecdote of the duke of Marlborough. Tiiis anec- good duke (who had only sixty thousand pounds a year) ordered an inventory to be taken of his son's wearing ap- parel, down to his slippers, sold them all, and put the money in his pocket. The amiable marchioness, shocked at such brutal, unfeehng avarice, gave the value of the clothes to the marquis's servant, out of her own purse. That incomparable woman did not long survive her hus- band. When she died, the duchess of Bedford treated her as tlie duke had treated his only son : she ordered every gown and trinket to be sold, and pocketed the money. These are the monsters whom sir William Draper comes fuiward to defend. May God protect me from doing any thing that may require such defence or to deserve sucii friendship. JUNIUS'S LETTERS. 179 dote was referred to, merely to show how ready a great man may be to receive a great bribe ; and if Modestus could read the original, he would see, that the expression only not accepted, was, probably, the only one in our language that exactly fitted the case. The bribe offered to the duke of Marlborough was not refused. I cannot conclude without taking notice of this honest gentleman's learning, and wishing he had given us a little more of it. When he accidentally found himself so near speaking truth, it was rather unfair of him to leave out the non potuisse refelli. As it stands, the pudet hcec opprohria may be divided equally between Mr. Rigby and the duke of Bedford. Mr. Rigby, I take for granted, will assert his natural right to the modesty of the quotation, and leave all the opprobrium to his grace. PHILO JUNIUS. XXX. To the Printer 9f the Public Advertiser. SIR, October 17, 1769- It is not wonderful taat the great cause in which this country is engaged, should have roused and en- grossed the whole attention of the people. I rather admire the generous spirit with which they feel and assert their 'nterest in this important question, than blame them for their indifference about any other. When the constitution is openly invaded, when the 180 JUNIUS'S LETTERS. first original right of the people, from which all lawg derive their authority, is directly attacked, inferior grievances naturally lose their force, and are suf- fered to pass by without punishment or observation. The present ministry are as singularly marked by their fortune, as their crimes. Instead of atoning for their former conduct, by any wise or popular mea- sure, they have found, in the enormity of one fact, a cover and defence for a series of measures, which must have been fatal to any other administration. 1 fear we are too remiss in observing the whole of their proceedings. Struck with the principal figure, we do not sufficiently mark in what manner the canvass is filled up. Yet surely it is not a less crime, nor less fatal in its consequences, to encourage a flagrant breach of the law, by a military force, than to make use of the forms of parliament to destroy the consti- tution. — The ministry seem determined to give us a choice of difficulties, and, if possible, to perplex us with the multitude of their offences. The expedient is worthy of the duke of Grafton. But though he has preserved a gradation and variety in his mea- sures, we should remember that the principle is uni- form. Dictated by the same spirit, they deserve the same attention. The following fact, though of the most alarming nature, has not yet been clearly stated to the public ; nor have the consequences of it been sufficiently understood. — Had I taken it up at an earlier period, I should have been accused of an un- candid, malignant precipitation, as if I watched for an unfair advantage against the ministry, and would not aMow them a reasonable time to do their duty. Thej now stand without excuse. Instead of em- JUNIUS'S LETTERS. 181 ploying the leisure they have had, in a strict exami- nation of the offence, and punishing the offenders, they seem to have considered that indulgence as a security to them ; that, with a little time and man- agement, the whole affair might be buried in silence, and utterly forgotten. A major general* of the army is arrested by the sheriff's officers for a considerable debt. He per- suades them to conduct him to the Tilt-yard, in St. James's Park, under some pretence of business, which it imported him to settle before he was con- fined. He applies to a scrjeant, not immediately on duty, to assist, with some of his companions, in fa- vouring his escape. He attempts it. A bustle en- sues. The bailiffs claim their prisoner. An officer of the guards,t not then on duty, takes part in the affair, applies to the lieutenant^ com- manding the Tilt-yard guard, and urges him to turn out his guard to relieve a general officer. The lieu- tenant declines interfering in person, but stands at a distance, and suffers the business to be done. The officer takes upon himself to order out the guard. In a moment they are in arms, quit their guard, march, rescue the general, and drive away the sheriff's offi- cers, who, in vain, represent their right to the prison- er, and the nature of the arrest. The soldiers first conduct the general into the guard-room, then escort him to a place of safety, with bayonets fixed, and in all the forms of military triumph. I will not enlarge upon the various circumstances which attended this * Major-general Gansel. t Lieutenant Dodd. f Lieutenant Garth. 182 JUNIUS'S LETTERS. atrocious proceeding. The personal injury received by the officers of the law, in the execution of their duty, may, perhaps, be atoned for by some private compensation. I consider nothing but the wound which has been given t j the law itself, to which no remedy has been applied, no satisfaction made. Neither is it my design to dwell upon the misconduct of the parties concerned, any farther than is necessary to show the behaviour of the ministry in its true light. I would make every compassionate allow- ance for the infatuation of the prisoner, the false and criminal discretion of one officer, and the madness of another. I would leave the ignorant soldiers entirely out of the question. They are certainly the least guilty ; though they are the only persons who have yet suffered, even in the appearance of punishment.* The fact itself, however atrocious, is not the prin- cipal point to be considered. It might have happen- ed under a more regular government, and with guards better disciplined than ours. The main question is. In what manner have the ministry acted on this ex- traordinary occasion ? A general officer calls upon the king's own guard, then actually on duty, to res- cue him from the laws of his country : yet, at thi« moment, he is in a situation no worse than if he had not committed an offence equally enormous in a civil and military view. A lieutenant upon duty design- edly quits his guard, and suffers it to be drawn out by another officer, for a purpose, which he well knew (as we may collect from an appearance of caution, which on y makes his behaviour the more criminal) • A few of them were confined- JUNIUSS LETTERS. 183 to be in the highest degree illegal. Has this gentle- man been called to a court martial to answer for his conduct ? No. Has it been censured .'' No. Has it been in any shape inquired into ? No. Another lieutenant, not upon duty, nor even in his regimentals, is daring enough to order out the king's guard, over which he had properly no command, and engages them in a violation of the laws of his country, per- haps the most singular and extravagant that ever was attempted What punishment I as he suffered ? Literally none. Supposing he should be prosecuted at common law for the rescue ; will that circumstance, from which the ministry can derive no merit, excuse or justify their suffering so flagrant a breach of mili- tary discipline to pass by unpunished and unnoticed ? Are they aware of the outrage offered to their sove- reign, when his own proper guard is ordered out to stop, by main force, the execution of his laws.f* What are we to conclude from so scandalous a neglect of their duty, but that they have other views, which can only be answered by securing the attachment of the guards.'' The minister would hardly be so cautious of offending them, if he did not mean, in due time, to call for their assistance. With respect to the parties themselves, let it be observed, that these gentlemen are neither young oflicers, nor very young men. Had they belonged to the unfledged race of ensigns, who infest our streets, and dishonour our public places, it might, perhaps, be sufficient to send them back to that dis- cipline from whicli their parents, judging lightly from the maturity of their vices, had removed them too soon. In this case, I am sorry to see, not so much 184 JUNIUS'S LETTERS. ilie folly of youths, as the spirit of the corps, and, the connivance of government. I do not questioiv that there are many brave and worthy officers in the re- giments of guards. But considering them as a corps^ I fear, it will be found, that they are neither good soldiers nor good subjects. Far be it from me to insinuate the most distant reflection upon the army. On the contrary, I honour and esteem the profession j and, if these gentlemen were better soldiers, I am sure they would be belter subjects. It is not that there is any internal vice or defect in the profession itself, as regulated in this country, but that it is the spirit of this particular corps to despise their profes- sion : and that, while they vainly assume the lead ot the army, they make it matter of impertinent com- parison, and triumph over the bravest troops in the world (I mean our marching regiments) that they, indeed, stand upon higher ground, and are privileged to neglect the laborious forms of military discipline and duty. Without dwelling longer upon a most invidious subject, I shall leave it to military men, who have seen a service more active than the parade, to determine whether or no I speak truth. How far this dangerous spirit has been encouraged by government, and to what pernicious purposes it may be applied hereafter, well deserves our most serious consideration. I know, indeed, that, when this affair happened, an affectation of alarm ran through the ministry.. Something must be done to save appearances. The case was too flagrant to be passed by absolutely without notice. But how have they acted .'' Instead of ordering the officers con- cerned (and who, stricdy speaking, are ala'ie guilty^ JUNIUS'S LETTERS. 185 to be put nder arrest, and brought to trial, they would have it understood, that they did their duty completely, in confining a Serjeant and four private soldiers, until they should be demanded by the civil power : so that while the officers, who ordered or permitted the thing to be done, escaped without cen- sure, the poor men, who obeyed these orders, who, in a military view, are no way responsible for what they did, and who, for that reason, have been discharged by the civil magistrates, are the only objects whom the ministry have thought proper to expose to pun- ishment. They did not venture to bring even these men to a court martial, because they knew their evi- dence would be fatal to some persons whom they were determined to protect ; otherwise, I doubt not, the lives of these unhappy, friendless soldiers, would long since have been sacrificed without scruple, to the se- curity of their guilty officers. I have been accused of endeavouring to inflame the passions of the people. Let me now appeal to their understanding. If there be any tool of adminis- tration, daring enough to deny these facts, or shame- less enough to defend the conduct of the ministry, let him come forward. I care not under what tide he appears. He shall find me ready to maintain the truth of my narrative, and the justice of my observa- tions upon it, at the hazard of my utmost credit with the public. Under the most arbitrary governments, the common administration of justice is suffered to take its course. The subject, though robbed of his share in the legis- lature, is still protected by the laws. The political freedom of the English constitution was once the 186 JUNIUS'S LETTERS pride and honour of an Englishman. The civil equality of the laws preserved the property, and de- fended the safety of the subject. Are these glorious privileges the birthright of the people, or are we only tenants at the will of the ministry ? But that I know there is a spirit of resistance in the hearts of my coun- trymen ; that they value life, not by its conveniences, but by the independence and dignity of their condi- tion ; I should, at this moment, appeal only to their discretion. I should persuade them to banish from their minds all memory of what \ie were; I should tell them this is not a time to remember that we were Englishmen ; and give it, as my last advice, to make some early agreement with the minister, that, since it has pleased him to rob us of those political rights, which once distinguished the inhabitants of a country where honour was happiness, he would leave us at least the humble, obedient security of citizens, and graciously condescend to protect us in our submission. JUNIUS. XXXI. To the Printer of the Public Advertiser. SIR, November 14, 1769. The variety of remarks which have been made upon the last letter of Junius, and my own opinion of the writer, who, whatever may be his faults, is cer- tainly not a weak man, have induced me to examine, wit!) some attention, the subject of that letter. 1 could not persuade myself, that, while he had plenty of irsportant materials, he would have taken up a light or trifling occas'on to attack the ministry JL'XIUS'S LETTERS. 87 much less could I conceive, that it was his intention to ruin the officers concerned in the rescue of general Gansel, or to injure the general himself. These are little objects, and can no waj/ contribute to the great purposes he seems to have in view, by addressing himself to the public. Without considering the orna- mented style he has adopted, I determined to look farther into the matter, before I decided upon the merits of his letter. The first step I took was to in- quire into the truth of the facts; for, if these were either false or misrepresented, the most artful exer- tion of his understanding, in reasoning upon them, would only be a disgrace to him. Now, sir, I have found every circumstance stated by Junius to be lite- rally true.— General Gansel persuaded the bailifis to conduct him to the parade, and certainly solicited a corporal, and other soldiers, to assist him in making his escape. Captain Dodd did certainly apply to captain Garth for the assistance of his guard. Cap- tain Garth declined appearing himself, but stood aloof, while the other took upon him to order out the king's guard, and by main force rescued the general. It is also strictly true, that the general was escorted by a file of musqucteers to a place of security. These are facts, Mr. Woodfall, which I promise you no gen- tleman in the guards will deny. If all or any of them are false, why are they not contradicted by tlie parties themselves.'' However secure against military cen- sure, they have yet a character to lose ; and, surely, if they are innocent, it is not beneath them to pay some attention to the opinion of the public. The force of Junius's observations upon these facts cannot be bettor marked, than by staling and refuting the objections wliich have been made to them. One 188 .lUNIUS'S LETTERS. writer sa} ^, "Admitting the officers have ofTended, they are punishable at common law ; and will you have a British subject punished twice for the same offence?" I nnswcr, that they have committed two offences, both very enormous, and violated two laws. The rescue is one offence, the flagrant breach of dis- cipline anotlicr; and hitherto it docs not appear that they have been punished, or even censured for either. Another gentleman lays much stress upon the calami- ty of the case J and, instead of disproving facts, ap- peals at once to the compassion of the public. This idea, as well as the insinuation, that, depriving the parties of their commissions tvould be an injury to their creditors, can only refer to general Gansel. The other officers are in no distress; therefore, have no claim to compassion : nor does it appear that their creditors, if they have any. are more likely to be satisfied by their continuing in the guards. But this sort of plea will not hold in any shape. Compassion to an offender, who has grossly violated the laws, is, in ef- fect, a cruelty to the peaceable subject who has observ- ed them : and, even admitting the force of any alleviat- ing circumstances, it is nevertheless true, that, in this instance, the royal compassion has interposed too soon. The legal and proper mercy of a king of England may remit the punishment, but ought not to stop the trial. Besides these particular objections, there has been a cry raised against Junius, for his malice and injus- tice in attacking the ministry upon an event which they could neither hinder nor foresee. This, I must affirm, is a false representation of his argument. He lays no stress upon the event itself, as a ground of accusation against the ministry, but dwells entirely upon their S4^ibsequent conduct. He does not say that JUNIUS'S LETTERS. 189 tliey are answerable for the offence, but for the scan- dalous neglect of their duty, in suffering an offence so flagrant to pass by without notice or inquiry. Sup- posing them ever so regardless of what they owe to the public, and as indifferent about the opinion, as they are about the interests of their country, what an- swer, as officers of the crown, will they give to Junius, when he asks them, " Are they aware of the outrage offered to tlieir sovereign, when his own proper guard is orderted out to stop, by main force, the execution of his laws f^^ And when we see a ministry giving such a strange, unaccountable protection to the officers of the guards, is it unfair to suspect that they have some secret and unwarrantable motives for their con- duct.'' If they feel themselves injured by such a sus- picion, why do they not immediately clear themselves from it by doing their duty .^ For the honour of the guards, I cannot help expressing another suspicion, that if the commanding officer had not received a secret injunction to the contrary, he would, in the ordinary course of his business, have applied for a court martial to try the two subalterns ; the one for quitting his guard, the other for taking upon him the command of the guard, and employing it in the man- ner he did. I do not mean to enter into, or defend, the severity with wliich Junius treats the guards. On the contrary, I will suppose, for a moment, that they deserve a very different character. If this be true, in what light will tliey consider the conduct of the two subalterns, but as a general reproach and disgrace to the whole corps ^ And will they not wish to see them censured, in a military way, if it were only for the credit and discipline of the regiment ? Upon the whole, sir, the ministry seem to me to 190 JUNIUS'S LETTERS. have taken a very improper advantage of the good- nature of the public, whose humanity, they found, considered nothing in this affair but the distress of general Gansel. They would persuade us, that it was only a common rescue by a few disorderly soldiers, and not the formal, deliberate act of the king's guard, headed by an 'officer ; and the public has fallen into the deception. I think, therefore, we are obliged to Junius for the care he has taken to inquire into the facts, and for the just commentary with whicli he has given them to the world. For my own part, I am as unwilling as any man to load the unfortunate ; but really, sir, the precedent with respect to the guards, is of a most important nature, and alarming enough (considering the consequences with which it ma}' be attended) to deserve a parlia- mentary inquiry. When the guards are daring enough, not only to violate their own discipline, but publicly, and, with the most atrocious violence, to stop the execution of the laws, and when such extra- ordinary offences pass witii impunity, believe me, sir, the precedent strikes deep. PHILO JUNIUS. XXXII. To the Printer of the Public Advertiser. SIR, November 15, 1769. I admit the claim of a gentleman, who publishes in the Gazetteer under the name of Modestus. He has some right to expect an answer from me; though, I think, not so much from the merit or importance JUNIUS'S LETTERS. 191 of his objections, as from my own voluntary engage- ment. I had a reason for not taking notice of him sooner, which, as he is a candid person, I believe, he will think sufficient. In my first letter, I took for granted, from the time which had elapsed, that there was no intention to censure, or even to try, the per- sons concerned in the rescue of general Gansel : but Modestus having since either affirmed, or strongly in- sinuated, that the offenders might still be brought to a legal trial, any attempt to prejudge the cause, or to prejudice the minds of a jury, or a court-martial, would be highly improper. A man more hostile to the ministry than I am, would not so often remind them of their duty. If the duke of Grafton will not perform the duty of his station, why is he minister ? I will not descend to a scurrilous altercation with any man; but this is a subject too important to be passed over with silent indifference. If the gentlemen, whose conduct is in question, are not brought to a trial, the duke of Grafton shall hear from me again. The motives on which I am supposed to have taken up this cause, are of little importance, compared with the facts themselves, and the observations I have made upon them. Without a vain profession of integrity, whi<-h in these times might justly be suspected, I shall %how myself, in effect, a friend to the interests of my (ountrymen; and leave it to them to determine, whether I am moved by a personal malevolence to three private gentlemen, or merely b}' a hope of perplexing the ministry; or whether I am animated by a just and honourable purpose of obtainmg a satis- faction to the laws of this country, equal, if possible, to the violation they have suffered. JUNIUS 192 JUNIUSS LLTTERS. XXXIII. To his Grace the Duke of Grafton. MY LORD, November 29, 1769. Though my opinion of your grace's integrity was hut little affected by the coyness with which you re- ceived Mr. Vaughan's proposals, I confess I give you some credit for your discretion. You had a fair op- portunity of displaying a certain delicacy, of which you had not been suspected, and you were in the right to make use of it. By laying in a moderate stock ol reputation, you undoubtedly meant to provide for the future necessities of your character, that, with an honourable resistance upon record, you might safely indulge 3'our genius, and yield to a favourite inclina- tion with security. But 3'ou have discovered your purposes too soon; and, instead of the modest reserve of virtue, have shown us the termagant chastity of a prude, who gratifies her passions with distinction, and prosecutes one lover for a rape, while she solicits the lewd embraces of another. Your cheek turns pale : for a guilt}'^ conscience tells you, you are undone. Come forward, thou virtuous minister, and tell the world by what interest Mr. Hine has been recommended to so extraordinary a mark of his majesty's favour; what was the price of the patent he has bought, and to what honourable purpose the purchase-money has been applied. Nothing less than many thousands could pay colonel Burgoyne's ex- penses at Preston. Do you dare to prosecute such a creature as Vaugiian, while you are basely setting up the royal patronage to auction.'' Do you dare to complain of an attack upon your own honour, while JUNIUS'S LETTERS. 193 you are selling the favours of the crown, to raise a fund for corrupting the morals of the people ? And do you think it is possible such enormities should es- cape without impeachment ? It is, indeed, highly your interest to maintain the present house of commons. Having sold the nation to you in gross, they will un- doubtedly protect you in the detail ; for, while they pat- ronise your crimes, they feel for their own. JUNIUS. XXXIV. To his Grace, the Duke of Grafton. MY LORD, December 12, 1769. I find, with some surprise, that you are not sup- ported as you deserve. Your most determined advo- cates have scruples about them, which you are unac- quainted with ; and though there be nothing too hazardous for your grace to engage in, there are some things too infamous for the vilest prostitute of a news- paper to defend.* In what other manner shall we account for the profound, submissive silence which you and your friends have observed upon a charge which called immediately for the clearest refutation, and would have justified the severest measures of re- sentment.'' I did not attempt to blast your charac- ter by an indirect, ambiguous insinuation ; but can- didly stated to you a plain fact, which struck directly * From the publication of the preceding to this date, not one word was said in defence of the duke of Grafton. But vice and impudence soon recovered themselves, and the sale of the royal favour was openly avowed and defended. We acknowledge the piety of St. James's, but what is be- come of its morality ? VOL. I. I 13 194 JUNIUS'S LETTERS. at the inleG:nty of a privy-counsollor, of a first com- missioner of the treasury, and of a leading minister, who is supposed to enjoy the first share in his majes- ty's confidence.* In everj' one of these capacities I employed the most moderate terms to charge you with treachery to your sovereign, and breach of trust in your office. I accused you of having sold a patent place in the collection of the customs at Exeter to one INIr. Hinc, who, unable or unwilling to deposit the whole purchase-money himself, raised part of it by contribution, and has now a certain doctor Brooke quartered upon tlie salary for one hundred pounds a year. No sale by the candle was ever conducted with greater formality. I affirm, that the price at which the place was knocked down (and which, I have good reason to think, was not less than three thousand five hundred pounds) was, with your connivance and con- sent, paid to colonel Burgoyne, to reward him, I presume, for the decency of his deportment at Pres- ton ; or to reimburse him, perhaps, for the fine of one thousand pounds, which, for that very deportment, the court of king's bench thought proper to set upon him. It is not often that the chief justice and the prime minister are so strangely at variance in their opinions of men and things. I thank God, there is not in human nature a de- gree of impudence daring enough to deny the charge I have fixed upon you. Your courteous secretary,! your confidential architect,^ are silent as the grave. * And by the same means preserves it to this hour, t Tommy Bradshaw. f Mr. Taylor. lie and George Ross (the Scotch agent and worthy confidant of lord Mansfield) managed the business. .TFNIUS'S LETTERS. 195 Even Mr. tligby's countenance fails him. He vio- lates his second nature, and bhishes whenever he speaks of you. Perhaps the noble colonel himself will relieve you. No man is more tender of his repu- tation. He is not only nice, but perfectly sore, in every thing that touches his honour. If any man, for example, were to accuse him of taking his stand at a gaming-table, and watching, with the soberest attention, for a fair opportunity of engaging a drunken young nobleman at piquet, he would, undoubtedly, consider it as an infamous aspersion upon his charac- ter, and resent it like a man of honour. Acquitting him, therefore, of drawing a regular and splendid subsistence from any unworthy practices, either in his own house, or elsewhere, let me ask your grace, for what military merits you have been pleased to re- ward him with military government ? He had a regiment of dragoons, which, one would imagine, was at least an equivalent for any services he ever per- formed. Besides, he is but a young officer, consider- ing his preferment ; and, except in his activity at Preston, not very conspicuous in his profession. But it seems the sale of a civil employment was not suffi- cient ; and military governments, which were intended for the support of worn-out veterans, must be thrown into the scale, to defray the extensive bribery of a contested election. Are these the steps you take to secure to your sovereign the attachment of his army ? With what countenance dare you appear in the royal presence, branded, as you are, with the infamy of a notorious breach of trust.? With what countenance can you take your seat at the treasury-board, or in the council, when you feel that every circulating whisper is at your expense alone, and slabs you to the 196 JUNIUS'S LETTERS. heart ? Have you a single friend in parliament so shameless, so llioroirghlj abandoned, as to undertake your defence ? You know, my lord, that there is not a man in either house, wiiose character, however ila gilious, would not be ruined by mixing his reputation with yours ; and does not your heart inform you tliat you are degraded below the condition of a man, when you are obliged to bear these insults with submission, and even to thank me for my moderation ? We are told, by the highest judicial authority, that Mr. Vaughan's* offer to purchase the reversion of a • A little before the publication of this and the preceding letter, the duke of Grafton had commenced a prosecution .iirainst Mr. Samuel Vaughan, for endeavouring to corrupt Ills integrity, by an ofler of five tliousand pounds for a pa- tent place in Jamaica. A rule to show rv.use wliy an infor- mation should not be exhibited against ^'l .'fl/ULjJ / / / H«>»-..U o-j^f^iK,n.l_ C'^>'-'-''U L^h'.i-.< llU it l\^<^-f- l/H-^, t/',,-V.A „/:■•// ii-t^ kx{L.I l-4^J_j /iu^ Lift-' 'ijt^J„, ii'k/'-fA Iji,^ J^.i^_p U ijiAe.\^u\,j> iirx,i-C Jn. 4 llni_J-^ LyklL, Jl .rx^L^'^'hi ^i^yl^ jj\ <^,.''~tS C<. . — •y'Kti-^' „-C, 9 '^-'U, ^^. J«.w.^O 9 ,^_ „0 ^.d-^^-,..^.^ ^^.^^^ ilu^hy , „ ,/,;/<3 ^ J a^t^ [LiAj-^'^Oa y^. curt:, me people admired and relied on) to maintain himself w ithout them. The reputation of obstinacy and j)er- severance might have supplied the place of all the absent virtues. You have now added the last nega- tive to your character, and meanly confessed that you are destitute of the common spirit of a man. Re- tire, then, my lord, and hide your blushes from the world ; for, with such a load of shame, even black may change its colour. A mind such as yours, in the solitary hours of domestic enjoyment, may still liud topics of consolation. You may find it in the memory of violated friendship ; in the afflictions of an accom- plished prince, whom you have disgraced and desert- ed ; and in the agitations of a great country, driven, by your counsels, to the brink of destruction. The palm of ministerial firmness is now transferred to lord North. He tells us so h. . elf, and with the plenitude of the ore rotundo ;* and I am ready enough to believe, that, while he can keep his place, he will not easily be persuaded to resign it. Your grace * This eloquent person has got as far as the discipline o/ Demosthenes. He constantly speaks with pebbles in his mouth, to improve liis articulation. JU.^IUS'S LETTERS. 15 was the inn minister of yesterday ; lord North is liic firm minister of to-day : to-morrow, perhaps, hit majest}', in his wisdom, may give us a rival for you both. You are too well acquainted with the temper of your late allies, to think it possible that lord North should be permitted to govern this country. If we may believe common fame, they have shown him their superiority already. Ilis majp^ty is, indeed, too gracious to insult his subjects, by choosing his first minister from among the domestics of the duke of Bedford ; that would have been too gross an out- rage to the three kingdoms. Their purpose, how- ever, is equally answered, by pushing forward this unhappy figure, and forcing it to bear the odium of measures, which they in reality direct. Without im- mediately appearing to govern, they possess the pow- er, and distribute the emoluments of government, as they think proper. They still adhere lo tlie spirit ol that calculation which made Mr. Luttrell representa- tive of Middlesex. Far from regretting your retreat, they assure us, very gravely, tliat it increases the real strength of the ministry. According to this way oi reasoning, they will probably grow stronger and more flotirishing every hour they exist : for I think there is hardly a day passes in which some one or other of his majesty's servants does not leave them to improve by the loss of his assistance. But, alas ! their coun- tenances speak a different language. When the mem- bers drop off, the main body catniot be insensible of its approaching dissolution. Even the violence of their proceedings is a signal of despair. Like broken tenants, who have had warning to quit the premises, IG " JUNIUS'S LETTERS. tliej' curse their landlord, destroy the fixtures, throw every thing into confusion, and care not what niis- chiel' they do to the estate JUNIUS. XXXVII. To the Printer of the Public Advertiser Sm, March 19, 1770. I believe there is no man, however indifferent about the interests of this country, who will not readily confess, that the situation to which we are now reduced, whether it has arisen from the violence of faction, or from an arbitrary system of govern- ment, justifies the most melancholy apprehensions, and calls for the exertion of whatever wisdom or vigour is left among us. The king's answer to the re- monstrance of the city of London, and the measures since adopted by the ministry, amount to a plain de- claration, that the principle on which Mr. Luttrell was seated in the house of commons, is to be sup- ported in all its consequences, and carried to its ut- most extent. The same spirit which violated the freedom of election, now invades tlie declaration and bill of rights, and threatens to punish the subject for exercising a privilege hitherto undisputed, of petition- ing the crown. The grievances of the people are aggravated by insults ; their complaints not merely disregarded, hut checl'.;d by authority ; and every JUNIUS'S LETTERS. 17 one of those acts again?', vihich they remonstrated, confirmed by the king's decisive approbation. At such a moment, no honest man will remain silent or inactive. However distinguished by rank or proper- ty, in the rights of freedom we are all equal. As we are Englishmen, the least considerable man among us has an interest equal to the proudest nobleman in the laws and constitution of his country, and is equally called upon to make a generous contribution in support of them ; whether it be the heart to con- ceive, the understanding to direct, or the hand to execute. It is a common cause in which we are all interested, in which we should all be engaged. The man who deserts it at this alarming crisis, is an ene- my to his Country, and, what I think of infinitely less importance, a traitor to his sovereign. The subject, who is truly loyal to the chief magistrate, will neither advise or submit to arbitrary measures. The city of London hath given an example, which, I doubt not, will be followed by the whole kingdom. The noble spirit of the metropolis is the life-blood of the state, collected at the heart : from that point it circulates, with health and vigour, through every artery of the constitution. The time is come when the body of the English people must assert their own cause : con- scious of their strength, and animated by a sense of their duty, they will not surrender their birth-right to ministers, parliaments, or kings. The city of London have expressed their sentiments with freedom and firmness ; they have spoken truth boldly ; and, in whatsoever light their remonstrance may be repre- sented by courtiers, I defy the most subtile lawyer in this couatry to point out a single instance in whicK 18 JUNILS'S LETTERS. they have exceeded the i/uth. Even that assertion which we are told is most offensive to parliament, in the theory o'^the English ciinstitution, is strictly true. If any part of the representative body be not chosen by the people, that part vitiates and corrupts the whole. If there be a defect in the representation ol the people, that power, which alone is equal to the making of the laws in this country, is not complete, and the acts of parliament, under that circumstance, are not the acts of a pure and entire legislature. I speak of the theory of our constitution ; and what- ever difficulties or inconveniences may attend the practice, I am ready to maintain that, as far as the fact deviates from the principle, so far the practice is vicious and corrupt. I lia\'e not heard a question raised upon any other part of the remonstrance. That the principle on which the Middlesex election was determined, is more pernicious in its effects than either the levying of ship-money by Charles the First, or the suspending power assumed by his son, will hardly be disputed by any man who understands or wishes well to the English constitution. It is not an act of open violence done by the king, or any direct or palpable breach of the laws attempted by his minister, that can ever endanger the liberties of this country. Against such a king or minister the people would immediately take the alarm, and all the parties unite to oppose him. The laws may be gross- ly violated in particular instances, without any direct attack upon the whole system. Facts of that kind stand alone ; they are attributed to necessity, not de- fended by principles. We can never be really in danger, until the forms of parliament are made use JUNIUS'S ..ETTERS. 19 j{ >o dch foy the substance of our civil and political liberties ; until parliament itself betrays its trust, by contributing to establish new principles of govern- ment, and employing the very weapons committed to it by the collective body to stab the constitution. As for the terms of the remonstrance, I presume it will not be affirmed, by any person less polished tiian a gentleman usher, that this is a season for compli- ments. Our gracious king, indeed, is abundantly civil to himself. Instead of an answer to a petition, his majesty very graciously pronounces his own pan- egyric ; and I confess that, as far as his personal be- haviour, or the royal purity of his intentions, is con- cerned, the truth of those declarations, which the minister has drawn up for his master, cannot decent- ly be disputed. In every other respect, I affirm, that they are absolutely unsupported either in argument or fact : I must add, too, that supposing the speech were otherwise unexceptionable, it is not a direct answer to the petition of die city. His majesty is pleased to say, that he is always ready to receive the request of his subjects j yet the sheriffs were twice sent back with an excuse ; and it was certainly de- bated in council, whether or no the magistrates of the city of London should be admitted to an au- dience. Whether the remonstrance be or be not in- jurious to parliament, is the very question between the parliament and the people, and such a question as cannot be decided by the assertion of a tliird party, however respectable. That the petitioning for dissolution of parliament is irreconcilable with the principles of tho constitution, is a new doctrine. His majesty, perhaps, has not jeen informed, that 20 JUNIUS'S LETTERS. die house of commons themselves, iiave, by a for- mal resolution, admitted it to be the right of the sub- ject. His majesty proceeds to assure us, that he lias made the laws the rule of his conduct. Was it in ordering or permitting his ministers to apprehend Mr. Wilkes by a general warrant ^ Was it in sufiering his ministers to revive the obsolete maxim of nullum temjpus, to rob the duke of Portland of his property, and thereby give a decisive turn to a county election .'' Was it in erecting a chamber consultation of sur- geons, with authority to examine into and supersede the legal verdict of a jury ? Or did his majesty consult the laws of this country, when he permitted his secretary of state to declare, that, whenever the civil magistrate is trifled with, a military force must be sent for, without the delay of a moment, and ef- fectually employed ? Or was it in the barbarous ex- actness with which this illegal, inhuman doctrine was carried into execution ? If his majesty had recol- lected these facts, I think, he would never have said, at least with any reference to the measures of his government, that he had made the laws the rule of his conduct. To talk of preserving the affections, or relying on the support of his subjects, while he continues to act upon these principles, is, indeed, paying a compliment to their loyalty, which, I hope, they have too much spirit and understanding to deserve. His majesty, we are told, is not only punctual in tlje performance of his own duty, but careful not to assume any of those powers which the constitution has placed in other hands. Admitting this last as- sertion to be strictly true, it is no wa} to the purpose JU.nUS'F LETTERS. 21 The city of London have not desired the king to as- sume a power placed in other hands. If they had, 1 should hope to see the person who dared to present such a petition immediately impeached. They so- licit their sovereign to exert that constitutional au- thority which the laws have vested in him for the benefit of his subjects. They call upon him to make use of his lawful prerogative in a case which our laws evidently supposed might happeno since they have provided for it by trusting the sovereign with a discretionary power to dissolve the parliament. This request will, I am confident, be supported by remon- strances from all parts of the kingdom. His majes- ty will find, at last, that this is the sense of his peo- ple ; and that it is not his interest to support either ministry or parliament at the hazard of a breach with the collective body of his subjects. That he is king of a free people, is, indeed, his greatest glory. That he may long continue the king of a free people is the second wish that animates my heart The first is, that the people may he free.* * When his majesty had done reading his speech, the lord mayor, &c. had the honour of kissing his majesty's hand : after which, as they were withdrawing, his majesty instantly turned round to his courtiers, and burst out a laughing. Nero fiddled, while Rome was burning. JOHN HORNE. JUNIUS -S LETTERS XXXVIII. To the Printer of the Public Advertiser. SIR, April 3, 1770. In my last letter I offered you my opinion of the truth and propriety of his majesty's answer to the city of London, considering it merely as the speech of a minister, drawn up in his own defence, and delivered, as usual, by the chief magistrate. I would separate, as much as possible, the king's personal character and behaviour from the acts of the present govern- ment. I wish it to be understood that his majesty had, in effect, -no more concern in the substance of what he said, than sir James Hodges had in the re- monstrance ; and that as sir James, in virtue of his officQ, was obliged to speak the sentiments of die people, his majesty might think himself bound, by the same official obligation, to give a graceful ut- terance to the sentiments of his minister. The cold formality of a well-repeated lesson is widely distant fr.^m the animated expression of 'he heart. This distinction, however, is only true with respect to the measure itself. The consequences of it reach beyond the minister, and materially affect his majes- ty's honour. In their own nature they are formida- ble enough to alarm a man of prudence, and dis- graceful enough to afflict a man of spirit. A subject, whose sincere attachment to his majesty's person and family is founded upon rational princip' es, will not, JLNIUS'S LETTERS. 23 m the present conjuncture, be scrupulous of alarrai- ing, or even of afflicting, liis sovereign. I know there is another sort of loyalty,, of which his majesty has had plenty of experience. When the loyalty of Tories, Jacobites, and Scotchmen, has once taken possession of an unhappy prince, it seldom leaves him without accomplishing his destruction. When the poison of their doctrines has tainted the natural benevolence of his disposition, when their insidious counsels have corrupted the stamina of his govern- ment, what antidote can restore him to his political health and honour but the firm sincerity of his Eng- lish subjects ? It has not been usual, in this country, at least since the days of Charles the First, to see the sove- reign personally at variance, or engaged in a direct altercation with his subjects. Acts of grace and in- dul"-ence are wisely appropriated to him, and should constantly be performed by himself. He never should appear but in an amiable light to his subjects. Even m France, as long as any ideas of a limited monar- chy were tkought worth preserving, it was a maxim that no man should leave the royal presence discon- tented. They have lost or renounced the moderate principles of their government; and now, when their parliaments venture to remonstrate, the tyrant coiiics forward, and answers absolutely for himself. The spirit of their present constitution requires that th.e king should be feared ; and the principle, 1 believe, is tolerably supported by the fact. But, in our po- litical system, the theory is at variance with the prac- tice, for the king should be beloved. Measures of greater severity may, indeed, in some circumstances, 24 JUNIUS'S LETTERS. be necessary: but the minister who advises should take the execution and odium of them entirely upon himself. He not only betrays his master, but vio- lates the spirit of the English constitution, when he exposes the chief magistrate to the personal hatred or contempt of his subjects. When we speak of the firmness of government, we mean an uniform sys- tem of measures, deliberately adopted, and resolute- ly maintained by the servants of the crown ; not a peevish asperity in the language and behaviour of the sovereign. The government of a weak, irresolute monarch, may be wise, moderate, and firm : that of an obstinate, capricious prince, on the contrary, may be feeble, undetermined, and relaxed. The reputa- tion of public measures depends upon the minister, who is responsible ; not upon the king, whose pri- vate opinions are not supposed to have any weight against the adWce of his council, and whose personal authority should, therefore, never be interposed in public affairs. This, I believe, is true constitutional doctrine. But for a moment let us suppose it false. Let it be taken for granted, that an occasion may arise in which a king of England shall be compelled to take upon himself the ungrateful office of rejecting the petitions and censuring the conduct of his sub- jects ; and let the city remonstrance be supposed to have created so extraordinary an occasion. On this principle, which I presume no friend of administra- tion will dispute, let the wisdom and spirit of the ministry be examined. They advise the king to hazard his dignity, by a positive declaration of his own sentiments ; they suggest to 1 im a language full of severity and reproach. What follows ? When JUNIUS'S LETTERS. 25 his majesty had taken so decisive a part in support of his ministry and parliament, he had a right to ex- pect from them a reciprocal demonstration of firmness in their own cause, and of their zeal for his honour. He had reason to expect (and such, I doubt not, were the blustering promises of lord North) that the per- sons whom he had been advised to charge with hav- ing failed in their respect to him, with having injured parliament, and violated the principles of the con- stitution, should not have been permitted to escape without some severe marks of the displeasure and vengeance of parliament. As the matter stands, the minister, after placing his sovereign in the most un- favourable light to his subjects, and after attempting to fix the ridicule and odium of his own precipitate measures upon the royal character, leaves him a soli- tary figure upon the scene, to recall, if he can, or to compensate, by future compliances, for one unhappy demonstration of ill-supported firmness and ineffec- tual resentment. As a man of spirit, his majesty cannot but be sensible, that the lofty terms in which he was persuaded to reprimand the city, when united with the silly conclusion of the business, resembled the pom.p of a mock tragedy, where the most pa- thetic sentiments, and even the sufferings of the hero, are calculated for derision. Such have been the boasted firmness and consis- tency of a minister,* whose appearance in the house • This graceful minister is oddly constructed. His tongue is a httle too big for his mouth, and his eyes a great deal too big for their sockets. Every part of his person sets natural proportion at defiance. At this presen VOL. II. B 26 JUNIUS'S LETTERS. of commons was thought essential to the kmg's 8er« vice ; whose presence was to influence every division , who had a voice to persuade, an eye to penetrate, a gesture to command. The reputation of these great qualities has been fatal to his friends. The little dig- nity of Mr. E lis has been committed. The mine was sunk ; combustibles were provided ; and Wel- bore Ellis, the Guy Faux of the fable, waited only for the signal of command. All of a sudden the country gentlemen discover how grossly they have been deceived : the minister's heart fails him ; the grand plot is defeated in a moment ; and poor Mr. Ellis and his motion taken into custody. From the event of Friday last, one would imagine that some fatality hung over this gentleman. Whether he makes or suppresses a motion, he is equally sure of disgrace. But the complexion of the times will suffer no man to be vice-treasurer of Ireland with impunity.* writing his head is supposed to be much too heavy for his shoulders. * About this time the courtiers talked of nothing but a bill of pains and penalties against the lord mayor and sheriffs, or impeachment at the least. Little Mannikin Ellis told the king, that if the business were left to his management, he would engage to do wonders. It was thought very odd that a business of so much importance should be entrusted to the most contemptible little piece of machinery in the whole kingdom. His honest zeal, however, was disappointed. The minister took fright ; and, at the very instant that httle Ellis was going to open, sent him an order to sit down. All their mag- nanimous threats ended in a ridiculous vote of ceasure, and a stil. more ridiculous address to the king. JUNIUS'S LETTERS. 27 1 do not in«an to express the smallest anxiety lor the minister's reputation. He acts separately for himself, and the most shameful inconsistency may perhaps be no disgrace to him. But wlien the sove- reign, who represents the majesty of the state, ap- pears in person, his dignity should be supported : the occasion should be important ; the plan well considered ; the execution steady and consistent. My zeal for his majesty's real honour, compels me to assert, that it has been too much the system of the present reign, to introduce him personally either to act for or defend his servants. They persuade him to do what is properly their business, and de- sert him in the midst of it. Yet this is an incon- venience to which he must for ever be exposed, while he adheres to a ministry divided agiong them- selves, or unequal in credit and ability to the great task they have undertaken. Instead of reserving the interposition of the royal personage as the last resource of government, their weakness obliges them to apply it to every ordinary occasion, and to render it clieap and common in the opinion of the people. Instead of supporting their master, they look to him for support ; and for the emoluments of remaining one day more in oflice, care not how much his sacred character is prostituted and dis- honoured. If I thought it possible for this paper to reach the closet, I would venture to appeal at once to his majesty's judgment. I would ask him, but in the most respectful terms, " As you are a young man, sir, who ought to have a life of happiness in pros- pect ; as you are a husband, as you are a father- 28 JUNIUS'S LETTERS. (your filial duties, I own, have been retijjiouslj per- fuiined) is it bona fide for your interest or your honour, to sacrifice your domestic tranquillity, and to live in a perpetual disagreement with your people, merely to preserve such a chain of beings as North, Barrington, Weymouth, Cower, Ellis, Onslow, Rigby, Jerry Dyson, and Sandwich ? Their very names are a satire upon all government ! and I defy the grdvest of your chaplains to read the catalogue without laughing." For my own part, sir, I have always considered addresses from parliament, as a fashionable, un- meaning formality. Usurpers, idiots, and tyrants, have been successively complimented with almost the same professions of duty and afi'ection. But let us suppose them to mean exactly what they pro- fess. The consequences deserve to be considered. Either the sovereign is a man of high spirit and dangerous ambition, ready to take advantage of the treachery of the parliament, ready to accept of the surrender they make him of the public liberty ; or he is a mild, undesigning prince, who, provided they indulge him with a little state and pageantr}' would of himself intend no mischief. On the first supposition, it must soon be decided by the sword, whether the constitution should be lost or preserved. On the second, a prince, no way qualified for the execution of a great and hazardous enterprise, and without any determined object in view, may never- theless be driven into such desperate measures, as may lead directly to his ruin ; or disgrace himself by a shameful fluctuation between the extremes of violeuce at one moment, and timidity at another. JUNIUS'S LETTERS. 29 The minister, perhaps, may have reason to be satis- fied with the success of the present hour, and vv'th the profits of his employment. He is the tenant of the day, and has no interest in the inheritance. The sovereign himself is bound by other obligations, and ought to look forward to a superior, a perma- nent interest. His paternal tenderness should re- innid him how many hostages he has given to so- ciety. The ties of nature come powerfully in aid of oaths and protestations. The father, who con- siders his own precarious state of health, and the possible hazard of a long minority, will wish to see the family estate free and unincumbered.* What is the dignity of the crown, though it were really maintained; what is the honour of parliament, sup- posing it could exist without any foundation of in- tegrity and justice; or what is the vain reputation of firmness, even if the scheme of the government were uniform and consistent, compared with the heart-felt affections of the people, with the happiness and security of the royal family, or even with the grateful acclamations of the populace.'' Whatever style of contempt may be adopted by ministers or parliaments, no man sincerely despises the voice of the English nation. The house of commons are only interpreters, whose duty it is to convey tlie sense of the people faithfully to the crown. If tlie interpretation be false or imperfect, the constituent powers are called upon to deliver their own senti- • Every true friend to the house of Brunswick sees with affliction how rapidly some of the principal branches of the '"amily have dropped off 30 JUNIUS'S LETTERS. ineiits. Their speech is rude, but intelligible ; their gestures fierce, but full of explanation. Perplexed oy sopiilstries, tiieir honest eloquence rises into action. Their first appeal was to the integrity of their representatives ; their second, to the king's justice. The last argument of the people, whenever they have recourse to it, will carry more perhaps, than persuasion to parliament, or supplication to the throne. JUNFJS. XXXIX. To the Printer of the Public Advertiser. SIR, May 28, 1770. While parliament was sitting, it would neither have been safe, or, perhaps, quite regular, to ofier any opinion to the public upon the justice or wis- dom of their proceedings. To pronounce fairly upon their conduct, it was necessary to wait until we could consider, in one view, the beginning, pro- gress, and conclusion of their deliberations. The cause of the public was undertaken and supported by men, whose abilities and united authority, to say nothing of the advantageous ground they stood on, might well be thought sufficient to determine a po- pular question in favour of the people. Neither was the house of commons so absolutely engaged in defence of the ministry, or even of their own reso- JUNIUS'S LETTERS. 31 lutlons, but that they might have paid some decent regard to the known disposition of their constitu- ents J and without any dishonour to their firmness, might have retracted an opinion too hastily adopted, when they saw the alarm it had created, md how strongly it was opposed by the general sense of the nation. The ministry, too, would have con- sulted their own immediate interest in making some concession satisfactory to the moderate part of the people. Without touching the fact, they might have consented to guard against, or give up, the dangerous principle on which it was established. In this state of things, I think it was highly im- probable, at the beginning of the session, that the complaints of the people upon a matter, which in their apprehension at least, immediately affected the life of the constitution, would be treated with as much contempt by their own representatives, and by the house of lords, as they had been by the other branch of the legislature. Despairing of their in- tegrity, we had a right ^o expect something from their prudence, and something from their fears. The duke of Grafton certainly did not foresee to what an extent the corruption of a parliament might be carried. He thought, perhaps, that there was still some portion of shame or virtue left in the majority of the house of commons, or that there was a line in public prostitution beyond which they would scruple to proceed. Had the young man been a little more practised in the world, or had he ventured to measure the characters of other men by his own, he would not have been so easily discouraged. 32 JUNIUS 'S LETTERS. The prorogation of parliament naturally calls upon us to review their proceedings, and to con- sider the condition in which they have left the king- dom. I do not question but they have done what is usually called the king's business, much to his majesty's satisfaction : we have only to lament, that, in oonsequence of a system introduced or revived in the present reign, this kind of merit should bt very consistent with the neglect of every duty they owe to the nation. The interval between the open- ing of the last, and close of the former 'session, was longer than usual. Whatever were the views of the minister in deferring the meeting of parliament, sufficient time was certainly given to every membei of the house of commons, to look back upon the steps he had taken, and the consequences they had produced. The zeal of party, the violence of per- sonal animosities, and the heat of contention, had leisure to subside. From that period, whatever re- solution they took was deliberate and prepense. In the preceding session, the dependents of the ministry had affected to believe, that the final deter- mination of the question would have satisfied the nation, or at least put a stop to their complaints j as if the certainty of an evil could diminish the sense of it, or the nature of injustice could be altered by decision. But they found the people of England were in a temper very distant from submission ; and although it was contended that the house of commons could not themselves reverse a resolution which had the force and effect of a judicial sentence, there were other constitutional expedients which would have given a security against any similar attempts for the JLNIUSS LETTERS. 33 future The general proposition, in which the whole country had an interest, might have been reduced to a particular fact, in which Mr. Wilkes and Mr. Lut- trell would alone have been concerned. The house of lords might interpose ; the king might dissolve the parliament ; or if every other n source failed, there still lay a grand . onstitutional writ of error, in be- half of the people, from the decision of one court to the wisdom of the whole legislature. Every one of these remedies has been successively attempted. The people performed their part with dignity, spirit, and perseverance. For many months his majesty heard nothing from his people but the language of complaint and resentment: uniiappily for this country, it was the daily triumph of his courtiers, that he heard it with an indifference approaching contempt. The house of commons, having assumed a power unknown to the constitution, were determined not merely to support it in the single instance in ques- tion, but to maintain the doctrine in its utmost ex- tent, and to establish the fact as a precedent in law, to be applied in whatever manner his majesty's ser- vants should hereafter think fit. Their proceedings upon this occasion are a strong proof that a decision, in the first instance illegal and unjust, can only be supported by a continuation of falehood and injustice. To support their former resolutions, they were obliged to violate some of the best known and established rules of the house. In one instance, they went so far as to declare, in open defiance of truth and com- mon sense, that it was not the rule of the house to divide a complicated question at the request of a B 2 3 54 JUNIUS'S LETTERS. member. * But, after trampling upon the laws of the land, it was not wonderful that they should treat the private regulations of their own assembly with equal disregard. The speaker, being young in oflice, be gan with pretended ignorance, and ended with de cidlng for the ministry. We are not surprised at the decision ; but he hesitated and blushed at his own baseness, and every man was astonished. t The interest of the public was vigorously support- ed in the house of lords. The right to defend the constitution against an encroachment of the other estates, and the necessity of exerting it at this period, was urged to them with every argument that could be supposed to influence tht heart or the understanding. * The extravagant resolution appears in the vote of the house ; but, in the minutes of the committees, the in- stances of resolutions contrary to law and truth, or of re- fusals to acknowledge law and truth when proposed to them, are innumerable. t VVlieiMhe king first made it a measure of his govern- ment to destroy Mr. Wilkes, and when, for this puipose, it was necessary to run down privilege, Sir Fletclier Norton, with his usual prostituted effrontery, assured the house o( commons, that he should regard one of their votes no more than a resolution of so many drunken porters. This is the very lawyer whom Ben Jonson describes in the follow- ing lines : " Gives forked counsel ; takes provoking gold On either hand, and puts it up. So wise, so grave, of so perplex'd a tongue, And loud witlial, that would not wag, nor scarce Lie still, without; a /ee." JUNIUS'S LETTERS. 35 But it soon appeared that they had aH-eady taken their part, and were determined to support the house of commons, not only at the expense of truth and decency, but even by a surrender of their own most important rights. Instead of performing that duty wliich the constitution expected from them, in return for the dignity and independence of their station, in return for the hereditary share it has given them in the legislature, the majority of them made common cause with the other house in oppressing the people, and established another doctrine as false in itself, and, if possible, more pernicious to the constitution, than that on which the Middlesex election was determined. By resolving, " that they had no right to impeach a judgment of the house of commons, in any case whatsoever, where that house has a competent juris- diction," they, in effect, gave up that constitutional check and reciprocal control of one branch of the legislature over the other, which is, perhaps, the greatest and most important object provided for by the division of the whole legislative power into three estates : and now let the judicial decisions of the house of commons be ever so extravagant, let their declarations of the law be ever so flagrantly false, arbitrary, and oppressive to the subject, the house oi lords have imposed a slavish silence upon themselves; they cannot interpose ; they cannot protect the sub- ject ; they cannot defend the laws of their country. A concession so extraordinary in itself, so contradic- tory to the principles of their own institution, cannot but alarm the most unsuspecting mind. We may well conclude that the lords would hardly have yielded 50 much to the other house without the certainty of a 36 JUNIUS'S LETTERS. compensation, which can only be made to tlien; .t the expense of the people.* The arbitrary power they have assumed, of imposing fines, and commit- ling during pleasure, will now be exercised in its full extent. The house of commons are too much In their debt to question or interrupt their proceedings. The crown too, we may be well assured, will lose nothing in this new distribution of power. After de- claring, that, to petition for a dissolution of parlia- ment is irreconcilable with the principles of the con- stitution, his majesty has reason to expect that some extraordinary compliment will be returned to the royal prerogative. The three branches cf the legis- lature seem to treat their separate rights and interests as the Roman triumvirs did their friends 5 they reci- procally sacrifice them to the animosities of each other ; and establish a detestable union among them- selves, upon the ruin of the laws and liberty of the commonwealth. Through the whole proceedings o the house of commons, in this session, there is an apparent, a palpable consciousness of guilt, which has prevented their daring to assert their own dignity, where it has been immediately and grossly attacked. In the course of Dr. Musgrave's examination, he said every thing that can be conceived mortifying to individuals, or offensive to the house. They voted * The man, who resists and overcomes this iniquitous power, assumed by the lords, must be supported by the whole people. We have the laws on our side, and want nothing but an mtrepid leader. When such a man stands forth, let the nation look to it. It is not his cause, but our own. JUNIUS'S LETTERS. 37 Ms information frivolous : but they were awed by his firmness and integrity, and sunk under it.* The terms in which the sale of a patent to Mr. Hine were communicated to the public, naturally called for a parliamentary inquiry. The integrity of the house of commons was directly impeached : but they had not courage to move in their own vindication, because the inquiry would have been fatal to colonel Burgoyne and the duke of Grafton. When sir George Saville branded them with- the name of traitors to their con- stituents, when the lord mayor, the sheriffs, and Mr. Trecothick expressly avowed and maintained everjf part of the city remonstrance, why did they tamely submit to be insulted ? Why did they not immedi- ately expel those refractory members ? Conscious of the motives on which they had acted, thej' prudently preferred infamy to danger, and were better prepared to meet the contempt, than to rouse the indignation of the whole people. Had they expelled those five members, the consequences of the new doctrine of incapacitation would have come immediately home to every man. The truth of it would then have been fairly tried, without any reference to Mr. Wilkes's private character, or the dignity of the house, or the obstinacy of one particular county. These topics, I know, have had their weight with men, who, affecting ft character of moderation, in reality consult nothing * The examination of this firm, honest man, is printed for Almon. The reader will find it a most curious am! most interesting tract. Doctor Musgrave, with no other support but truth and his own firmness, resisted and overcame the whole house of commons i... 38 JUNIUS'S LETTERS. but tlicir own immediate ease ; who aVe weak enough to acquiesce under a flagrant violation of the laws when it does not directly touch themselves ; and care not what injustice is practised upon a man whose moral character they piously think themselves obliged to condemn. In any other circumstances, the house of commons must have forfeited all credit and dignity, if, after such gross provocation, they had permitted those five gentlemen to sit any longer among them. We should then have seen and felt the operation of a precedent, which is represented to be perfectly barren and harmless. But there is a set of men in this coun- try, whose understandings measure the violation of law by the magnitude of the instance, not by the im- portant consequences which flow directly from the principle ; and the minister, I presume, did not think it safe to quicken their apprehensions too soon. Had Mr. Hampden reasoned and acted like the moderate men of these days, instead of hazarding his whole fortune in a lawsuit with the crown, he would have quietly paid the twenty shillings demanded of h JUNIUS. xu. To the Right Honourable Lord Mansfield. MY LORD, November 14, 1770. The appearance of this letter will attract the cu- riosity of the public, and command even your lord- ship's attention. I am considerably in your debt, and JUNIUS'S LETTERS. 47 shall endeavour, once for all, to balance the account. Accept of this address, my lord, as a prologue to more important scenes, in which you will probably be called upon to act or sufler. You will not question my veracity, when I assure you, that it has not been owing to any particular re- spect for your person that I have abstained from you so long. Besides the distress and danger with which the press is threatened, when your lordship is party, and the party is to be judge, 1 confess I have been deterred by die difficulty of the task. Our language has no term of reproach, the mind has no idea of de- testation, which has not already been happily applied to you, and exhausted. Ample justice has been done, by abler pens than mine, to the separate merits of your life and character. Let it be my humble office to collect the scattered sweets till their united virtue tortures the sense. Permit me to begin with paying a just tribute to Scotch sincerity, wherever I find it. I own I am not apt to confide in the professions of gentlemen of that country ; and, when they smile, I feel an involunta- ry emotion to guard myself against mischief With this general opinion of an ancient nation, I always thought it much to your lordship's honour, that, in your earlier days, you were but little infected with the prudence of your country. You had some origi- nal attachments, which you took every proper oppor- tunity to acknowledge. The liberal spirit of youth prevailed over your native discretion. Your zeal in the cause of an unhappy prince was expressed with the sincerity of wine, and some of the solemnities of 48 JUNIUS'S LETTERS. religion.* This, I conceive, is the most amiable point of view in which your character has appeared. Like an honest man, you took that part in politics, which might have been expected from your birth, education, country, and connexions. There was something generous in your attachment to the ban- ished house of Stuart. We lament the mistakes of a good n)an, and do not begin to detest him until he affects to renounce his principles. Why did you not adhere to ihat loyalty you once professed ? Why did you not follow the example of your worthy brother ,''1^ With him you might have shared in the honour of the pretender's confidence ; with him you might have preserved the integrity of } our character ; and Eng- land, 1 think, might have spared you witliout regret, lour friends will say, perhaps, tliat, although you deserted the fortune of your liege lord, you have ad- iiered firmly to the principles which drove his father from the throne ; that, without openly supporting the person, 3'ou have done essential service to the cause ; and consoled yourself for tiie loss of a favourite fami- ly, by reviving and establishing the maxims of their government. This is the way in which a Scotch- man's understanding corrects the errors of his heart. My lord, I acknowledge the truth of the defence, and can trace it through all your conduct. I see through your whole life one uniform plan to enlarge the pow- * This man was always a rank Jacobite. Lord Ravens- worth produced the most satisfactory evidence of his having frequently drank the pretender's health on his knees. t Confidential secretary to the late pretender This cir- sia:icp '■ '^Mfii-med the friendship between the brothers. JUNIUS'S LETTERS. 49 er of the crown, at the expense of the liberty of the subject. To this object jour thoughts, words, and actions, have been constantly directed. In contempt or ignorance of the common law of England, you have made it your study to introduce into the court where you preside, maxims of jurisprudence un- known to Englishmen. The Roman code, the law of nations, and the opinion of foreign civilians, are your perpetual theme ; but whoever heard you men- tion Magna Charta, or the Bill of Rights, with ap- probation or respect .'* By such treacherous arts the noble simplicit}' and free spirit of our Saxon laws were first corrupted. The Norman conquest was not complete, until Norman lawyers had introduced their laws, and reduced slavery to a system. This one leading principle directs your interpretation of the laws, and accounts for your treatment of juries. It is not in political questions only (for there the courtier might be forgiven,) but let the cause be what it may, your understanding is equally on the rack, either to contract the power of the jury, or to mislead their judgment. For the truth of this assertion, I appeal to the doctrine you delivered in lord Grosvenor's cause. An action for criminal conversation being brought by a peer against a prince of the blood, you were daring enough to tell the jury, that, in fixing the damages, they were to pay no regard to the quality or fortune of the parties : that it was a trial between A and B , that they were to consider the offence in a moral light only, and give no greater damages to a peer of the realm, than to the meanest mechanic. I shall not attempt to refute a doctrine, which if it was meant for raw, carries falsehood and absurd'ty upon the face ol VOL. II. C 4 50 JUNItS'S LETTERS. it ; but, if it was meant for a declaration of your po Htical creed, is clear and consistent. Under an arbi- trary goverinnent, all ranks and distinctions are con- founded : the honour of a nobleman is no more con- sidered than the reputation of a peasant; for, with different liveries, they are equally slaves. Even in matters of private property, we see the same bias and inclination to depart from the decisions of your predecessors, which you certainly ongiit to receive as evidence of the common law. Instead ol those certain positive rules by vvhicii the judgment ol a court of law should invariably be determined, you have fondly introduced your own unsettled notions of equity and substantial justice. Decisions given upon such principles do not alarm the public so much as they ought, because the consequence and tendency of each particular instance is not observed or re- garded. In the mean time, the practice gains ground ; the court of king's bench becomes a court of equity ; and the judge, instead of consulting strictly the law of the land, refers only to the wisdom of the court, and to the purity of his own conscience. The name of Mr. Justice Yates will naturally revive in your mind some of those emotions of fear and detestation with which you always beheld him. That great lawyer, that honest man, saw your whole conduct in the light that I do. After years of ineffectual resistance to the pernicious principles introduced by your lordship, and uniformly supported by your humble friends upon the bench, he determined to quit a court, whose proceed- ings and decisions he could neither assent to with honour, nor oppose with success. JUNIUS'S LETTERS. 51 The injustice done to an individual* is sometimes of service to the public. Facts are apt to alarm us more than the most dangerous principles. The suf- ferings and firmness of a printer have roused the public attention. You knew and felt that your con- duct would not bear a parliamentary inquiry j and you hoped to escape it by the meanest, the basest sacrifice of dignity and consistency that ever was made by a great magistrate. Where was your firm- ness, where was that vindictive spirit, of which we have seen so many examples, when a man so incon- siderable as Bingley could force you to confess, in the face of this country, that, for two years together, you had Illegally deprived an English subject of his /ibert}', and that he had triumphed over you at last ? Yet, I own, my lord, thai yours is not an uncom- mon character. Women, and men like women, are timid, vindictive, and irresolute. Their passions counteract each other, and make the same creature at one moment hateful, at another contemptible. I fancy, my lord, some tiuie will elapse before you venture to commit another Englishman for refusing to answer interrogatories. t * The oppression of an obscure individual gave birtli to the famous Habeas Corpus Act of 31 Car. II. which is frequfMitly considered as another Magna Charta of this kingdom. lUackstone, iii. 135. t Dingley was committed for contempt, in not subiiiiiting to be examined. He lay in prison two years, until tiie crown thought the matter might occasion some serious com- plaint, and therefore he was let out, in the same contume- lious state he had beep put in, with all his s'^ s about him, 52 JUNIUS'S LETTERS. The tloctrine you have constantly delivered, in cases of libel, is another powerful evidence of a set- tled plan to contract the legal power of juries, and to draw questions, inseparable from fact, within the arhitrium of the court. Here, my lord, you have fortune on your side. When you invade the pro vince of the jury, in matter of libel, you, in effect attack the liberty of the press, and, with a single stroke, wound two of your greatest enemies. In some instances you have succeeded, because jurymen are too often ignorant of their own rights, and too apt to be awed by the authority of a chief justice. In other criminal prosecutions, the malice of the design is confessedly as much the subject of consideration to a jury as the certainty of the fact. If a different doctrine prevails in the case of libels, why should it not extend to all criminal cases ^ Why not to capi- tal offences ^ I see no reason (and I dare say you will agree with me, that there is no good one) wjiy the life of the subject should be better protected against you, than his liberty or property. Why should you enjoy the full power of pillory, fine, and imprisonment, and not be indulged with hanging or transportation .'' With your lordship's fertile genius and merciful disposition, I can conceive such an ex- ercise of the power you have, as could hardly be ag- gravated by that which you have not. But, my lord, since you have laboured (and not unanointed and unanealed. There was much coquetry be- tween the ccurt and the attorney general, about who should undergo the ridicule of letting him escape. — Vide another Letter to Alnion, p. 189. JUNIUS'S LETTERS. 53 unsuccessfully) to destroy the substance of the trial, why should you suffer the form of the verdict to re- main ? Why force twelve honest men, in palpable violation of their oaths, to pronounce their fellow- subject a guilty man, when, almost at the same mo- ment, you forbid their inquiring into the only cir- cum.stance which, in the eye of law and reason, con- stitutes guilt — the malignity or innocence of his in- tentions ? But I understand your lordship. If you could succeed in making the trial by jury useless and ridiculous, you might then, with greater safety, in- troduce a bill into parliament for enlarging the ju- risdiction of the court, and extending your favourite trial by interrogatories to every question in which the life or liberty of an Englishman is concerned.* "Your charge to the jury, in the prosecution against Almon and Woodfall, contradicts the highest legal authorities, as well as the plainest dictates of reason. In Miller's cause, and still more expressly in tiiat of Baldwin, you have proceeded a step farther, and * The philosophical poet doth notably describe the dam- nable and damned proceedings of the judge of hell. ' GnossJus hsec Rhadamanthus habet durissima regna, Castigatque, auditque doles, subigitque fateri.' First he punisheth, and then he heareth, and lastly com- pelleth to confess, and makes and mars laws at his pleasure; like as the centurion, in the holy history, did to St. Paul j for the text saith, ' Centurio apprchendi Paulum jussit, el se catenis alligari, ct tunc intcrroirahal (jiiis fuissot, et quid fecisset.' But good judges and Justices abhor these courses. Coke, 2 Imt. 53. 54 JUMUS'S LETTERS. grossly contradicted yourself. You itiay know, per- haps, tiiough I do not mean to insult you by an ap- peal to your experience, that the language of truth is uniform and consistent. To depart from it safelj', requires memory and discretion. In the last two trials, your charge to the jury begaU; as usual, with assuring them, that they had nothing to do with the law ; that they were to find the bare fact, and not concern themselves about the legal inferences drawn from it, or the degree of the defendant's guilt. Thus far you were consistent with your former practice. But how will you account for the conclusion ':' You told the jury, that " if, after all, they would take upon themselves to determine the law, they might do it, but tiiey must be very sure that they determined according to law ; for it touched their consciences, and they acted at their peril." If I understand your first proposition, you mean to affirm, that the jury were not competent judges of the law in the criminal case of a libel; that it did not fall within Mc?V juris- diction ; and that with respect to them, the malice or innocence of the defendant's intentions would be a question coram non jiidice. But the second proposi- tion clears away your own difficulties, and restores the jury to all their judicial capacities.* You make the competence of the court to depend upon the legality * Directly the reverse of the doctrine he constantly maintained in the house of lords, and elsewhere, upon the decision of the Middlesex election. He invariably asserted, that the decision must be legal because the court was com- petent ; and never could be prevailed on to enter farther into tne question. JUNIUS'S lETTERS. 55 of the decision. In the first instance, you deny the power absolutely: in the second, you admit the power, provided it be legally exercised. Now, my lord, without pretending to reconcile the distinctions of Westminster-hall with the simple information of com- mon sense, or the integrity of fair argument, I shall be understood by your lordship, when I assert, that, if a jury, or any other court of judicature, (for jurors are judges) have no right to enter into a cause or question of law, it signifies nothing whether their decisions be or be not according to law , Their de- cision is, in itself, a mere nullity ; the parties are not bound to submit to it; and, if the jury run any risk of punishment, it is not for pronouncing a corrupt or illegal verdict, but for the illegality of meddling with a point on which they have no legal authority to decide.* I cannot quit this subject without reminding your lordship of the name of Mr. Benson. Without offer- ing any legal objection, you ordered a special jury- man to be set aside, in a cause where the king was prosecutor. The novelty of the fact required expla- nation. Will you condescend to tell the world by what law or custom you were authorised to make a * These iniquitous prosecutions cost the best of princes SIX thousand pounds, and ended in the total defeat and disgrace of the prosecutors. In the course of one of them, judge Aston had the unparalleled impudence to tell Mr. Morri«, a gentleman of unquestionable hoiour and integri- ty, and who was then giving his evidence on oath, that he should pay very little regard to am affidavit he should make. 56 JUNIUS'S LETTERS. peremptory challenge of a juryman ?~ The parties, indeed, have this power ; and, perhaps, your lord- slap, having accustomed yourself to unite the ciiarac- ters of judge and party, may claim it in virtue of the new capacity you have assumed, and profit by your own wrong. Tlie time witliin which you might iiave been punished for this daring attempt to pack a jury, is, I fear, elapsed ; but no lengtii of time shall erase the record of it. The mischiefs you have done tiiis country are not confined to your interpretation of the laws. You are a minister, my lord ; and, as such, have long been consulted. Let us candidly examine what use you have made of your ministerial influence. I will not descend to little matters, but come at once to those important points on which your resolution was waited for, on which the expectation of your opinion kept a great part of the nation in suspense. A constitu- tional question arises upon a declaration of tlie law of parliament, by which the freedom of election, and he birthright of the subject, were supposed to have oeen invaded. The king's servants are accused of violating the constitution. The nation is in a fer- ment. The ablest men of all parties engage in tlu question, and exert their utmost abilities in the dis- cussion of it. What part has the honest lord ^Mans- field acted ."* As an eminent judge of the law, his opinion would have been respected. As a peer, he had a right to demand an audience of his sovereign, and inform him, that his ministers were pursuing un- constitutional measures. Upon other occasions, my lord, 3'ou have no difficulty in finding your way into the closet. The pretended neutrality of belonging JUNIUS'S LETTERS. 57 to uo party will not save your reputation. In a ques- tion merely political, an honest man may stand neuter. But the laws and constitution are the gene- ral property of the subject: not to defend, is to re- linquish : and who is there so senseless as to renounce his share in a common benefit, unless he hopes to profit by a new division of the spoil ? As a lord of parliament, you were repeatedly called upon to con- demn or defend the new law declared by the house of commons. You affected to have scruples, and every expedient was attempted to remove them. The ques- tion was proposed and urged to you in a thousand different shapes. Your prudence still supplied you with evasion; your resolution was invincible. For my own part, I am not anxious to penetrate this solemn secret. I care not to whose wisdom it is en- trusted, nor how soon you carry it with you to the grave.* You have betrayed your opinion b}' the very care you have taken to conceal it. It is luu from lord Mansfield that we expect any reserve in declaring his real sentiments in favour of government, or in opposition (o the people ; nor is it difficult to account for the motions of a timid, dishonest heart, which neither has virtue enough to acknowledge truth, or courage to contradict it. Yet you contiiuic to support an administration which you know is uni- versally odious, and which, on some occasions, you yourself speak of with contempt. You would fain ♦ lie said, in the house of lords, that he believed he should can-y his opinion with him to the grave. It was afterwards reported, that he had entrusted it in special con fidence to the ingenuous duke of Cumberland. C 2 58 JUNIUS'S LETTERS. be tliought to take no share in government, while, in realit}', you are the main spring of the machine Here, too, we trace the little, prudential policy of a Scotchman. Instead of acting that open, generous part which becomes your rank and station, you mean- ly sculk into the closet, and give your sovereign such advice as you have not spirit to avow or defend. You secretly engross the power, while you decline the title of a minister, and though you dare not be chancellor, you know how to secure the emoluments of the office. Are the seals to be for ever in commis- sion, that you may enjoy five thousand pounds a year.'* I beg pardon, ray lord; your fears have in- terposed at last, and forced you to resign. The odium of continuing speaker of the house of lords, upon such terms, was too formidable to be resisted. What a multitude of bad passions are forced to sub- mit to a constitutional infirmity ! But though you have relinquished the salary, you still assume the rights of a minister. Your conduct, it seems, must be defended in parliament. For what other purpose is your wretched friend, that miserable Serjeant, posted to the house of commons ? Is it in the abilities of a Mr. Leigh to defend the great lord Mansfield ? Or is he only the punch of the puppet-show, to speak as he is prompted by the chief juggler behind the curlain ?* In public affairs, my lord, cunning, let it be ever so well wrought, will not conduct a man honourably through life. Like bad money, it may be current for * This paragraph gagged poor Leigh. 1 am really con- cerned for the man, and wish it were possible to open his mouth. H^ is a very pretty orator. JUNIUS'S LETTERS. 59 a time, but it will soon be cried down. It caniiot consist with a liberal spirit, though it be sometimes united with extraordinary quali^cations. When I acknowledge your abilities, you may believe I am sincere. I feel for human nature, when I see a man, so gifted as you are, descend to such vile practices. Yet do not suffer your vanity to console you too soon. Believe me, my good lord, you are not admired in the same degree in which you are aetested. It is only the partiality of your friends that balances the defects of your heart with the superiority of your un- derstanding. No learned man, even among your own tribe, thinks you qualified to preside in a court of common law : yet it is confessed, that, under Jus- tinian, you might have made an incomparable prmtor. It is remarkable enough, but I hope not ominous, that the laws you understand best, and the judges you affect to admire most, flourished in the decline of a great empire, and are supposed to have contributed to its fall. Here, my lord, it may be proper for us to pause together. It is not for my own sake that I wish you to* consider the delicacy of your situation. Beware how you indulge the first emotions of your resent- ment. This paper is delivered to the world, and can- not be recalled. The prosecution of an '-nnocent print er c.innot alter facts, nor refute arguments. Do not furnish me with firtlier materials against yourself. An honest man, like the true rcliginn, appeals to the iinderstanding. or mndestly confide s in the internal evidence of his conscience. The impostor employs force instead of argument, imposes silence where he cannot convince, and propagates his cliaracter by the sword. JUNIUS. 60 JIJNIUS'S LETTERS XLIL To the Printer of the Public Advertiser SIR, January 30, 1771 If we recollect in what manner the king^s friends have been constantly employed, we shall have no rea- son to be surprised at any condition of disgrace to whicli the once respected name of Englishmen may be degraded. His majesty has no cares, but such as concern the laws and constitution of this country. In his royal breast there is no room left for resent- ment, no place for hostile sentiments against the natural enemies of his crown. The system of govern- ment is uniform : violence and oppression at home can only be supported by treachery and submission abroad. When the civil rights of the people are daringly invaded on one side, what have we to ex- pect, but that their political rights should be deserted and betrayed, in the same proportion, on the other ? The plan of domestic policy which has been invaria- bly pursued from the moment of his present majesty's accession, engrosses all the attention of his servants. They know that the security of their places depends upon their maintaining, at any hazard, the secret sys- tem of the closet. A foreign war might embarrass an unfavourable event might ruin, the minister, and defeat the deep-laid scheme of policy to which he and his associates owe their employments. Rather than sufi*er the execution of hat scheme to be delayed or JUNIUS'S LETTERS. 61 interrupted, the king lias been advised to make a public surrender, a solemn sacrifice, in the face of all Europe, not only of the interests of his subjects, but of his own personal reputation, and of the dignity of that crown which his predecessors have worn with honour. These are strong terms, sir, but they arc supported by fact and argument. The king of Great Britain has been for some years in possession of an island, to which, as the ministry themselves have repeatedly asserted, the Spaniards had no claim of right. The importance of the place is not in question : if it were, a better judgment might be formed of it, from the opinion of lord Anson and lord Egmont, and from the anxiety of the Spaniards, than from any fallacious insinuations thrown out by men, whose interest it is to undervalue that property which they are determined to relinquish. The pre- tensions of Spain were a subject of negotiation be- tween the two courts. They had been discussed, but not admitted. The king of Spain, in these circum- stances, bids adieu to amitable negotiation, and ap- peals directly to the sword. The expedition against Port Egmont does not appear to have been a sudden, ill-concerted enterprise : it see;n:^ to have been con- ducted not only w«th the usii.i! military precautions, but in all the forms and ceremonies of war. A frigate was first employed, to examine the strength of the place. A message was then sent, demanding imme- diate possession, in tlie Catholic king's name, and ordering our people to depart. At last, a military force appears, and compels the garrison to surrender. A formal capitulation ensues ; and iiis majesty's ship, which might at least have been permitted to bring 62 JUNIUS'S LETTERS. home his troops immediately, is detained in port twenty days, and her rudder forcibly taken away. This train of facts carries no appearance of the rash- ness or violence of a Spanish governor : on the con- trary, the whole plan seems to have been formed and executed, in consequence of deliberate orders, and a regular instruction, from the Spanish court. Mr. Buccarelli is not a pirate, nor has he been treated as such by those who employed him. I feel for the iionour of a gentleman, when I affirm, that our king owes him a signal reparation. Where will the hu- miliation of this country end ? A king of Great Bri- tain, not contented with placing himself upon a level with a Spanish governor, descends so low as to do a notorious injustice to that governor. As a salvo for his own reputation, he has been advised to traduce the character of a brave officer, and to treat him as a common robber, when he knew, with certainty, that Mr. Buccarelli had acted in obedience to his orders, and had done no more than his duty. Thus it hap- pens, in private life, wiilh a man who has no spirit nor sense of honour. One of his equals orders a ser- vant to strike him : instead of returning the blow to the master, his courage is contented with throwing an aspersion, equally false and public, upon the charac- ter of the servant. This short recapitulation was necessary to intro- duce the consideration of his majesty's speech of the 13th of November, 1770, and the subsequent measures of government. The excessive caution with which the speech was drawn up, had inipressed upon me an early conviction, that no serious resentment was thought of, and that the conclusioi of the business^ JUNIUS'S LETTERS. 63 whenever it l.appeued must, in some degree, be dis- honourable to England. There appears, through the whole speech, a guard and i-cservc in the choice of expression, winch shows how careful the ministry were not to embarrass their future projects by any firm or spirited declaration from the throne. When all hopes of peace are lost, his majesty tells his par- liament, that he is preparing, not for barbarous war, but (with all his mother's softness) /or a different situ- alion. An open hostility, authorised by the Catholic kijig, is called an act of a governor. This act, to avoid the mention of a regular siege and surrender, passes under the piratical description of seizing hy force ; and the thing taken is described, not as a part of the king's territory, or proper dominion, but mere- ly as a possession ; a word expressly chosen in con- tradistinction to, and exclusion of, the ideas of right, and to prepare us for a future surrender both of the right and of the possession. Yet this speech, sir, cautious and equivocal as it is, cannot, by any sophistry, be accommodated to the measures which have since been adopted. It seemed to promise, that, whatever might be given up by secret stipulation, some care would be taken to save appearances to the public. The event siiows us, that to depart, in the minutest article, from the nicety and strictness ot punctilio, is as dangerous to national honour as to female virtue. The woman who admits of one fami- liarity seldom knows where to stop, or what to refuse ; and, when the counsels of a great country give Way in a single instance, when they once are inclined to submission, every step accelerates the rapidity of the descent. The ministry themselves, when they framed 01 JUNIUS'S LETTERS. tlic speed), did not foresee that tliey should ever Ac- cede to such an accommodation as they have since advised their master to accept of. The king says, " Tiie honour of my crown, and tiie rights of my people, are deeply affected." The Spaniard, in his reply, says, " I will give you back possession, but I adhere to my claim of prior right, reserving the assertion of it for a more favourable opportunity." The spaech says, " 1 made an immediate demand of satisfaction; and, if that fails, I am prepared to do myself justice." This immediate demand must have been sent to Madrid on the 12th of September, or in a few days after. It was certainly refused, or evaded, and the king has not done himself justice. When the first magistrate speaks to the nation, some care should he taken of his apparent veracity. The speech proceeds to say, " I shall not discon- tinue my preparations until I have received proper reparation for the injury." If this assurance may be relied on, what an enormous expense is entailed sine die upon this unhappy country ! Restitution of a possession, and reparation of an injury, are as diffe- rent in substance as they are in language. The very act of restitution may contain, as in this instance it palpably does, a shameful aggravation of the injury. A man of spirit does not measure the degree of an injury by the mere positive damage he has sustained; he considers the principle on which it is founded ; he resents the superiority asserted over him ; and re- jects, with indignation, the claim of right which his adversary endeavours to establish, and would force him to acknowledge. JUNIUS'S LETTERS. 65 The motives on whicli the Cathohc king innltes restitution, are, if possible, more insolent aii'l flis- gracefiil to our sovereign, than even the declaratory condition annexed to it. After taking four months to consider whether the expedition was undertaken by his own orders or not, he condescends to disavow the enterprise, and to restore the island ; not from any regard to justice, not from any regard he bears to his Britannic majesty, but merely " from the persuasion in which he is of the pacific sentiments of the king of Great Britain." At this rate, if our king had discovered the spirit of a man ; if he had made a peremptory demand of satis- faction, the king of Spain would have given him a peremptory refusal. But why this unseasonable, this ridiculous mention of the king of Great Britain's pa- cific intentions ? Have they ever been in question .'* Was he the aggressor ? Does he attack foreign powers without provocation ? Does he even resist, wlien he is insulted? No. sir : if any ideas of strife or hostility have entered his royal mind, they have a very different direction. The enemies of England have nothing to fear from them. After all, sir, to what kind of disavowal has the king of Spain at last consented.'' Supposing it made m proper time, it should have been accompanied with instant restitution; and iflVIr. Buccarelli acted with- out orders, he deserved death. Now, sir, instead of immediate restitution, we have a four months' neL!:o- tiation ; and tlie officer, whose act is disavowed, re- turns to court, and is loaded with honours. If the actual situation of Europe be considered, tiie treachery of tlie lying's servants, particularly of lord 66 JUNIUS'S LETTERS. North, who takes the whole upon himself, will appear in the strongest colours of aggravation. Our allies were masters of the Mediterranean. The king ol France's present aversion from war, and the distrac- tion of his affairs, are notorious. He is now in a state of war with his people. In vain did the Catho- lic king solicit him to take part in the quarrel against us. His finances were in the last disorder ; and it was probable that his troops might find suflicient employment at home. In these circumstances, we might have dictated the law to Spain. There are no terms to "which she might not have been compelled to submit. At the worst, a war with Spain alone car- ries the fairest promise of advantage. One good effect, at least, would have been immediate)}' produ- ced by it. The desertion of France would have irri- tated her ally, and, in all probability, have dissolved the family compact. The scene is now fatally changed. The advantage is thrown away. The most favoura- ble opportunity is lost. Hereafter we shall know the vali:'. of it. When the French king is reconciled to his subjects — when Spain has completed her prepa- rations—when the collected strength of the bouse of Bourbon attacks us at once, the king himself will be able to determine upon the wisdom or impudence of his present conduct. As far as the probability of argument extends, we may safely pronounce, that a conjuncture, which threatens the very being of this country, has been wilfully prepared and forwarded b} our own ministry. How far the people may be ani mated to resistance, undeir the present administration, I know not ; but this I know, with certainty, that, under the present administration, or if any thing like JUNIUS'S LETTERb. 67 it should continue, it is of very little iftoment whether we are a conquered nation or not.* Having travelled thus far in the high road of mat- ter of fact, I may now be permitted to wander a little into the field of imagination. Let us banish from our minds the persuasion that these events have really happened in the reign of the best of princes ; let us consider them as nothing more than the materials ol a fable, in which we may conceive the sovereign ol some other country to be concerned. I mean to vio- late all the laws of probability, when I suppose that this imaginary Uing, after having voluntarily dis- graced himself in the eyes of his subjects, might re- turn to a sense of his dishonour; that he might per- ceive the snare laid for him by his ministers, and feel * The king's acceptance of the Spanish ambassador's de- claration is drawn up in barbarous French, and signed by the earl of Rochford. This diplomatic lord has spent his life in the study and practice of etiquettes, and is supposed to be a profound master of the ceremonies. I will not in- sult him by any reference to grammar or common sense : if he were even acquainted with the common forms of his of- fice, I should think him as well qualified for it as any man in his majesty's service. The reader is requested to observe lord Rochford's method of authenticating a public instru- ment. — " En foi de quoi, moi soussignd, un des principaux secretaires d'etat S. M. B. ai sign<5 la presente de ma signa- ture ordinaire, et celle fait apposer le cachet de nos armes." In three lines there are no less than seven false concords. Bat the man does not even know the style of his office. If he had known it, he would have said. " Nous, soussigne secretaire d'etat de S. M. B. avons signty" &c. 68 JUNIUS'S LETTERS. a spark of shame kindling in his breast. The part he must then be obliged to act would overwhelm him with confusion. To his parliament he must say, " 1 called you together to receive your advice, and have never asked your opinion." — To the merchant, " I have distressed your commerce; I have dragged your seamen out of your ships; I have loaded you with a grievous weight of insurances." — To the land- holder, " I told you war was too probable, when I was determined to submit to any terms of accommodation; I extorted new taxes from you before it was possible they could be wanted, and am now unable to account for the application of them." — To the public cr-editor, " I have delivered up your fortune a prey to foreign- ers, and to the vilest of your fellow subjects." Per- haps, this repenting prince might conclude with one general acknowledgment to them all : " I have in volved every rank of my subjects in anxiety and dis- tress ; and have nothing to offer you, in return, but the certainty of national dishonour, an armed truce, and peace without security." If these accounts were settled, there would still remain an apology to be made to his navy and to his army. To the first he would say, " You were once the terror of the world. But go back to your har- bours. A man, dishonoured as I am, has no use for your service." It is not probable that he would ap- pear again before his soldiers, even in the pacific ceremony of a review.* But, wherever he appeared, the humiliating confession would be extorted from * A mistake : he appears before tliem every day, with a mark of a blow upon his face. Proh pudor / JUNIUS'S LETTERS. 69 him, — " I have received a blow, and had not spirit to resent it. I demanded satisfaction, and have ac- cepted a declaration, in which the right to strike me again is asserted and confirmed." His countenance, at least, would speak this language, and even his guards would blush for him. But to return to our argument. The ministry, it seems, are labouring to draw a line of distinction be- tween the honour of the crown and the rights of the people. This new idea has yet only been started in discourse ; for, in effect, both objects have been equally sacrificed. I neither understand the distinction, nor what use the ministry propose to make of it. The king's honour is that of his people. Their real hon- our and real interest are the same. I am not con- tending for a vain punctilio. A clear, unblemished character comprehends not only the integrity that tvill not offer, but the spirit that will not submit to an nijury; and, whether it belongs to an individual or to a community, it is the foundation of peace, of in- dependence, and of safety. Private credit is wealth ; public honour is security. The feather that adorns the royal bird supports his flight. Strip him of his plumage, and y®u fix him to the earth. JUNIUS. 70 JUNIUS'S LETTERS. XLIII. To the Printer of the Public Advertiser. SIR, February 6, 1771- I hope your correspondent, Junius, is better em- ployed than in answering or reading the criticisms ol a newspaper. This is a task, from which, if he were inclined to submit to it, his friends ought to reUeve him. Upon this principle, I shall undertake to an- swer Anti-Junius, more, I believe, to his conviction, than to his satisfaction. Not daring to attack the main body of Junius's last letter, he triumphs in hav- ing, as he thinks, surprised an out-post, and cut off a detached argument, a mere straggling proposition. But even in this petty warfare he shall find himself defeated. Junius does not speak of the Spanish nation as the natural enemies of England; he applies that descrip- tion, with the strictest truth and justice, to the Span- ish court. From the moment when a prince of the house of Bourbon ascended that throne, their whole system of government was inverted, and became hos- tile to this country. Unity of possession introduced a unity of politics ; and Louis the Fourteenth had reason, when he said to his grandson, " The Pyrenees are removed." The history of the present century is one continued confirmation of the prophecy. The assertion, " That violence and oppression at home can only be supported by treachery and sub- JUNIUS'S LETTERS. 71 mission abroad," is applied to a free people, whose rights are in^ aded, not to the government of a coun- try, where despotic or absolute power is confessedly vested in the prince ; and, with this application, the assertion is true. An absolute monarch, having no points to carry at home, will naturally maintain the honour of his crown in all his transactions with foreign powers. But, if we could suppose the sove- reign of a free nation possessed with a design to make himself absolute, he would be inconsistent with him- self, if he suffered his projects to be interrupted or embarrassed by a foreign war, unless that war tended, as in some cases it might, to promote his principal design. Of the three exceptions to this general rule of conduct, (quoted by Anti-Junius,) that of Oliver Cromwell is the only one in point. Harry the Eighth, by the submission of his parliament, was as absolute a prince as Louis the Fourteenth. Queen Elizabeth's government was not oppressive to the people, and as to her foreign wars, it ought to be considered, that they were unavoidable. The national honour was not in question : she was compelled to fight in defence of her own person, and of her title to the crown. In the common cause of selfish policy, Oliver Cromwell should have cultivated the friendship of foreign po-.v- ers, or, at least, have avoided disputes with them, the better to establish his tyranny at home. Had he been only a bad man, he would have sacrificed the honour of the nation to the success of his domestic policy. But, with all his crimes, he had the spirit of an Englishman. The coirduct of such a man must always be an exception to vulgar rules. He had abilities sufficient to reconcile contradictions, and to 72 JUNIUS'S LETTERS. make a great nation, at the same moment, unhappy and formidable. If it were not for the respect I bear the minister, I could name a man, who, without one grain of understanding, can do half as much as Oliver Cromwell. Whether or no there be a secret system in the closet, and what may be the object of it, are questions which can only be determined by appearances, and on which every man must decide for himself. The whole plan of Junius's letter proves, that he himself makes no distinction between the real honoui of the crown and the real interest of the people. In the climax to which your correspondent objects, Ju- nius adopts the language of the court, and, by that conformity, gives strength to his argument. He says that " the king has not only sacrificed the interest of his people, but (what was likely to touch him more nearly) his personal reputation, and the dignity of his crown." The queries put by Anti-Junius can only be an- swered by the ministry. Abandoned as they are, I fancy they will not confess, that they have, for so many years, maintained possession of another man's property. After admitting the assertion of the minis- tiy, viz. " That the Spaniards had no rightful claim," and after justifying them for saying so, it is his I)'.isliiess, not mine, to give us some good reason for tiieir " suffering the pretensions of Spain to be a subject of negotiation." He admits the facts ; let him reconcile them if he can. The last paragraph brings us back to the original question. Whether the Spanish declaration contains snch a satisfaction as the king of Great Britain ought JUNIUS'S LETTERS. 73 to have accepted ? This was the field upon which he ought to have encountered Junius openly and fairly. But here he leaves the argument, as no longer de- fensible. I shall, therefore, conclude with one gen- eral admonition to my fellow subjects ; that, when they hear these matters debated, they should not suf- fer themselves to be misled by general declamations upon the conveniences of peace, or the miseries of war. Between peace and war abstractedly, there is not, there cannot, be a question, in the mind of a rational being. The real questions are, " Have we any security that the peace we have so dearly pur- chased will last a twelvemonth .?" and if not, " Have we, or have we not, sacrificed the fairest opportunity of making war with advantage .'"' PHILO JUNIUS. XLIV. To the Printer of the Public Advertiser. SIR, April 22, 1771. To write for profit, without taxing the press ; to write for fame, and to be unknown ; to support the intrigues of faction, and to be disowned as a danger- ous auxiliary by every party in the kingdom, are contradictions which the minister must reconcile be- fore I forfeit my credit with the public. 1 may quit the service, but it would be absurd to suspect me of desertion. The reputation of these papers is an hon- ourable pledge for my attachment to the people. To VOL. n. t) 74 JUNIUS'S LETTERS. sacrifice a respected character, ard to renounce the esteem of society, requires more than Mr. Wedder- burne's resolution ; and though in him it was rather a profession than a desertion of his principles, (1 speak tenderly of this gentleman ; for, when treache- ry is in question, I think we should make allowances for a Scotchman) yet we have seen him in the house «i>f commons overwhelmed with confusion, and almost bereft of his faculties. But, in truth, sir, I have left no room for an accommodation with the piety of St. James's. My offences are not to be redeemed by re- cantation or repentance. On one side, our warmest patriots would disclaim me as a burthen to their hon- est ambition. On the other, the vilest prostitution, if Junius could descend to it, would lose its nalurnl merit and influence in the cabinet, and treachery he no longer a recommendation to the royal favour. The persons, who, till within these few years, have been most distinguished by their zeal for high-clnirrh and prerogative, are now, it seems, the great as«cr- tors of the privileges of the house of commons. This sudden alteration of their sentiments or languarvr, carries with it a suspicious appearance. When I hear the undefined privileges of the popular branch of the legislature exalted by tories and Jacobites, at the expense of those strict rights which are known to the subject and limited by the laws, I cannot but sus- pect that some mischievous scheme is in agitation, to destroy both law and privilege, by opposing them to each other. They who have uniformly denied the power of the whole legislature to alter the descent of the crown, and whose ancestors, in rebellion against his majesty's family, have defended that doctrine at JUNIUS'S LETTER- ;-iV!! the hazard of their lives, now tell us, th;U p of parliament is the only rule of right, aurl the cliirf security of the public freedom. I fear, sir, thnt, while forms remain, there has been some materia] change in the substance of our constitution. The opinions of these men were too absurd to be so easi ly renounced. Liberal minds are open to convic- tion; liberal doctrines are capable of improvement. There are proselytes from atheism, but none from superstition. If their present professions wei-e sincere, I think they could not but be highly offended at see- ing a question concerning parliamentary privilege unnecessarily started at a season so unfavourable to the house of commons, and by so very mean and in- significant a person as the minor Onslow. They knew that the present house of commons, having commenced hostilities with the people, and degraded the authority of the laws by their own example, were likely enough to be resisted per fas et nefas. If they were really friends to privilege, they would have thought the question of right too dangerous to be hazarded at this season, and, without the formality of a convention, would have left it undecided. I have been silent hitherto, though not from that shameful indifference about the interests of society, which too many of us possess, and call moderation. I confess, sir, that I felt the prejudices of my educa- tion in favour of a house of commons still hanging about me. I thought iliat a question between law and privilege could never be brought to a formal de- cision without inconvenience to the public service, or a manifest diminution of legal liberty; that it ought, therefore, to be carefully avoided : and when I saw 76 JUNIUS'S LETTERS. that the vio ence of the house of commons had car rietl them too far to retreat, I determined not to de- liver a hasty opinion upon a matter of so much delicacy and importance. The state of things is much altered in this country since it was necessary to protect our representatives against the direct power of the crown. We have nothing to apprehend from prerogative, but every thing from undue influence. Formerly, it was the interest of the people that the privileges of parliament should be left unlimited and undefined. At present, it is not only their interest, but I hold it to be essential- ly necessary to the preservation of the constitution, that the privileges of parliament should be strictly ascertained, and confined within the narrowest bonnls the nature of the institution will admit of. Upon tlu- same principle on which I would have resisted pre- rogative in the last century, I now resist privilege. It is indifferent to me, whether the crown, by its ow i immediate act, imposes new, and dispenses with o! ! laws, or whether the same arbitrary power produces the same effects through the medium of the house of commons. We trusted our representatives with privi- leges for their own defence and ours. We cannot hinder their desertion, but we can prevent their car- rying over their arms to the service of the enemy. It will be said, that I begin with endeavouring to re- duce the argument concerning privilege to a mere question of convenience ; that, I deny, at one mo- ment, what I would allow at another ; and that, to resist the power of a prostituted house of commons, may establish a precedent injurious to all future par- liaments. To this 1 answer, generally, that human JUNIUS'S LETTERS. 11 affairs are in no instance governed by strict positive right. If change of circumstances were to have no weight in directing our conduct and opinions, the mutual intercourse of mankind would be nothing n^ore than a contention between positive and equita- ble right. Society would be a state of war, and law itself would be injustice. On this general ground, it is highly reasonable, that the degree of our submis- sion to privileges which never have been defined by any positive law, should be considered as a question of convenience, and proportioned to the confidence we repose in the integrity of our representatives. As to the injury we may do to any future and more re- spectable house of commons, I own I am iiot now sanguine enough to expect a more plentiful harvest of parliamentary virtue in one year than in another. Our political climate is severely altered ; and, witli- out dwelling upon the depravity of modern times, I think no reasonable man will expect that, as human nature is constituted, the enormous influence of the crown should cease to prevail over the virtue of indi- viduals. The mischief lies too deep to be cured l)y any remedy less than some great convulsion, u hirli may either carry back the constitution to its origina! principles, or utterly destroy it. I do not doubt tliat, in the first session after the next election, some popu- lar measures may be adopted. The present hous<' of commons have injured themselves by a too early and public profession of their principles ; and if a strain of prostitution, which had no example, were within the reach of emulation, it might be imprudent to hazard the experiment too soon. But, after, all, sir, ■f is very immaterial whether a house of commons 78 JUNIUS'S LETTERS. 3hall preserve their virtue for a week, a month, cr a year. The influence which makes a septennial par- lianient dependent on the pleasure of the crown, has a permanent operation, and cannot fail of success. My premises, I know, will be denied in argument ; but every man's conscience tells him they are true. It remains, then, to be considered, whether it be for the interest of the people, that privilege of parlia- moni* (which in respect to the purposes for which it lias hitherto been acquiesced under, is merely nomi- nai) should be contracted within some certain limits ; or, whether the subject shall be left at the mercy of a power, arbitrary upon the face of it, and notoriously liiiJL-r the direction of the crown. I do not mean to decline the question of right ; on ilic contrary, sir, I join issue with the advocates for privilege, and affirm, that, " excepting the cases wherein the house of commons are a court of judica- ture (to which, from the nature of their office, a co- ercive power must belong) and excepting such con- tempts as immediately interrupt their proceedings, they have no legal authority to imprison any man for * THl- necessity of securing the house of commons against the king's power, so that no interruption might be given either to the attendance of the members in parliament, or to the freedom of debate, was the foundation of parliamentary privilege ; and we may observe, in all the addresses of new appointed speakers to the sovereign, the utmost privilege they demand, is liberty of speech, and freedom from arrests. The very word privilege means no more than immunity, or a safeguard to the party who possesses it, and can nev i- be construed into an active power of invading the rights of others JUNIUS'S LETTERS. 79 any supposed violation of ">rivilege whatsoever." Ii is not pretended that privilege, as now claimed, has ever been defined or :onfirmed by statute j neither can it be said, with any colour of truth, to be a part of the common law of England, which had grown into prescription long before we knew any thing of the existence of a house of commons. As for the law of parliament, it is only another name for the privilege in question j and since the power of cre- ating new privileges has been formally renounced by both houses, since there is no code in which we can study the law of parliament, we have but one way left to make ourselves acquainted with it ; that is, to compare the nature of the institution of a house of commons with the facts upon record. To establisii a claim of privilege in either house, and to distinguish original right from usurpation, it must appear, that it is indispensably necessary for the performance of the duty they are employed in, and also that it has been uniformly allowed. From the first part of this description, it follows, clearly, that, whatever privi- lege does of right belong to the present house of com- mons, did equally belong to the first assembly of their predecessors, was so completely vested in them, and might have been exercised in the same extent. From the second we must infer, that privileges, which for several centuries were not only never allowed, but never even claimed by he house of commons, must be founded upon usurpation. The constitutional du- ties of a house of commons are not very complicated nor mysterious. They are to propose or assent to wholesome laws, for the benefit of the nation. They are to grant the necessary aids to the king j petition 80 JUNIUS'S LETTERS. for the redress of grievances ; and prosecute treason i)r high crimes against the state. If unlimited privi- lege be necessary to the performance of these duties, we have reason to conclude, that, for many centuries after the institution of the house of commons, they were never performed. I am not bound to prove a negative ; but I appeal to the English history, when 1 affirm, thnt, with the exceptions already stated, which yet I might safely relinquish, there is no precedent, from the year 1265, to the death of queen Elizabeth of the house of commons having imprisoned any man (not a member of their house) for contempt or breach of privilege. In the most flagrant cases, and when their acknowledged privileges were most gross- ly violated, the poor commons, as they then styled themselves, never took the power of punishment into their own hands. They either sought redress, by petition to the king, or, what is more remarkable, applied for justice to the house of lords ; and, when satisfaction was denied them or delayed, their only remedy was to refuse proceeding upon the king's busi- ness. So little conception had our ancestors of the monstrous doctrines now maintained concerning privi- lege, that, in the reign of Elizabeth, even liberty of speech, the vital principle of a deliberative assembly, was restrained by the queen's authority to a simple ay or no ; and this restriction, though imposed upon three successive parliaments,* was never once disputed by the house of commons. I know there are many precedents of arbitrary commitments for contempt ; but, besides that they are • In the years 1593, 1597, and l601. JUNIUS'S LETTERS. 81 of too modern a date to warrant a presumption that such a power was originally vested in the house of commons, fact alone does not constitute right. If it does, general warrants were lawful. An ordinance of the two houses has a force equal to law : and the criminal jurisdiction assumed by the commons in 1421, in the case of Edward Lloyd, is a good pre- cedent to warrant the like proceedings against any man who shall unadvisedly mention the folly of a king, or the ambition of a princess. The truth is, sir, that the greatest and most exceptionable part of the privileges now contended for, were introduced and asserted by a house of commons, which abolished both monarchy and peerage, and whose proceedings, al- though they ended in one glorious act of substantial justice, could no way be reconciled to the forms of the constitution. Their successors profited bj^ their example, and confirmed their power by a moderate or popular use of it. Thus it grew, by degrees, from a notorious innovation at one period, to be tacitly admitted as the privilege of parliament at anodier. If, however, it could be proved, from considera- tions of necessity or convenience, that an unlimited power of commitment ought to be entrusted to the nouse of commons, and that, in fact, they have ex- ercised it without opposition, still, in contemplation of law, the presumption is strongly against them. It is a leading maxim of the laws of England (and without it all laws are nugatory) that there is no right without a remedy, nor any legal power without a legal course to carry it into effect. Let the power now in question, be tried by this rule. The speaker issues his warrant of attachment. The party at- D 2 6 82 JUNIUS'S LETTERS. lachcd either resists force uitli force, or appeals to a magistrate, who declares the warrant illegal, and dis- charges the prisoner. Docs the law provide no legal iMcans for enforcing a legal warrant.'' Is there no re- gular proceeding pointed out in our law books, to assert and vindicate the authority of so high a court as ilu' house of commons .'' The question is answered (lirccily by the fact; their unlawful commands are resisted, and they have.no remedy. The imprison- itiinU of their own members is revenge indeed ; but it i-i no assertion of the privilege they contend for.* Their whole proceeding stops ; and there they stand, asliamed to rfetreat, and unable to advance. Sir. these ignorant men should be informed, that the ex- ecution of the laws of England is net left in this un- certain, defenceless condition. If the process of the courts of Westminster-hall be resisted, they have a tliiect course to enforce submission. The court ol king's bench commands the sheriff to raise the posss coh'iitatus ; the courts of chancery and exchequer is- sue a writ of rehellion ; which must also be support- ed, if necessary, by the power of the country. To whom will our honest representatives direct their ^^ rit of rebellion .>* The guards, I doubt not, are willing- enough to be employed ; but they know nothing ol * Upon their own principles, they should have coinruit- ted Mr. Wilkes, who had been guilty of a greater offence than even the lord mayor or alderman Oliver. But, after repeatedly ordering him to attend, they at last adjourned beyond the day appointed for his attendance, and, by this mean, pitiful evasion, gave up th^ point. JUNIUS'S LETTERS. 83 the doctrine of writs, and may think it necessaiy to wait for a letter from lord Bai'rington. It may now be objected to me, that my arguments prove too much : for that cerc^hily there may be in- stances of contempt and insult to the house of com- mons, which do not fall within my own exceptions, yet, in regard to the dignity of the house, ought not to pass unpunished. Be it so. The courts of crimi- nal jurisdiction are open to prosecutions, which the attorney-general may commence by information or indictment. A libel tending to asperse or vilify the iiouse of commons, or any of their members, may be as severely punished in the court of king's bench, as a libel upon the king. M. de Grey thought so, \\ hen he drew up the information of my letter to his majesty, or he had no meaning in charging it to be a scandalous libel upon the house of commons. In my opinion, they would consult their real dignity much better, by appealing to the laws, when they are offended, than by violating the first principle of natu- ral justice, which forbids us to be judges, when we are parties to the cause.* • " If it be demanded, in case a subject should be com- mitted by either house for a matter manifestly out of their jurisdiction, What remedy can he have ? I answer, that it cannot well be imagined that the law, which favours no- thing more than the liberty of the subject, should give us a remedy against commitments by the king himself, appearing to be illegal, and yet give us no manner of redress against a commitment by our fellow subjects, equally appearing to 0'^ niurairanted. But, as diis is a case which I am persuad- 84 JUNIUS'S LETTERS. I do not mean to pursue them through the remain- der of their proceedings. In their first resolutions, it is possible they might have been deceived by ill- considered precedents. For the rest, there is no co- lour of palliation or excuse They have advised the king to resume a power of dispensing with the laws by royal proclamation ;* and kings, we see, are ready enough to follow such advice. By mere violence, and without the shadow of right, they have expunged the record of a judicial proceeding.! Nothing re- mained but to attribute to their own vote a power of stopping the whole distribution of criminal and civil justice. The public virtues of the chief magistrate have long since ceased to be in question. But, it is said, that he has private good qualities; and I myself have been ready to acknowledge them. They are now ed, will never happen, it seems needless over-nicely to ex- amine it." Hawkins, ii. 110. N. B. He was a good lawyer, but no prophet. * That their piactice might be every way conformable to tlieir principles, the house proceeded to advise the crown to publish a proclamation, universally acknowledged to be il- legal. Mr. Moreton publicly protested against it before it was issued ; and lord Mansfield, though not scrupulous to an extreme, speaks of it with horror. It is remarkable enough, that the very men who advised the proclamation, and who hear it arraigned every day, both within doors and without, are not daring enough to utter one word in its de- fence ; nor have they ventured to take the least notice of Mr Wilkes, for the discharging the persons apprehended under it t Lord Chatham very properly called this the act of a mob, not of a senate. JUNIUS'S LETTERS. 8S brought to the test. If he loves his people, he will dissolve the parliament, which they ran never confide in or respect. If he has any regard for his own hon- our, he will disdain to be any longer connected with such abandoned prostitution. But, if it were con- ceivable, that a king of this country had lost all sense of personal honour, and all concern for the welfare of his subjects, I confess, sir, I should be contented to renounce the forms of the constitution once more, if there were no other way to obtain substantial jus- tice for the people.t JUNIUS. t When Mr. Wilkes was to be punished, they made no scruple about the privileges of parliament ; and although it WHS as well known as any matter of public record and un- interrupted custom could be, " That the members of eithei house are privileged, except in case of treason, felony, or breach of peace," they declared, without hesitation, " That privilege of parliament did not extend to the case of a sedi- tious libel :" and undoubtedly they would have done the same if Mr. Wilkes had been prosecuted for any other mis- demeanor whatsoever. The ministry, are, of a sudden, grown wonderfully careful of privileges, which their prede- cessors were as ready to invade. The known laws of the land, the rights of the subject, the sanctity of charters, and the reverence due to our magistrates, must all give way, without question or resistance, to a privilege of which no man knows either the origin or the extent. The house of commons judge of their own privileges without appeal : they may take offence at the most innocent action, and im- prison the person who offends them during their arbitrary will and pleasure. The party has no remedy ; he cannot appeal from their jurisdiction ; and if 1»3 questions the pri- 86 JUNIUS'S LETTERS. XLV. To the Printer of the Public Advertiser. SIR, May 1, 1771- They who object to detached parts of Junius's last letter, either do not mean him fairly, or have not con- sidered the general scope and course of his argument. There are degrees in all the private vices ; why not ill public prostitution ? The influence of the crown naturally makes a septennial parliament dependent. Does it follow, that every house of commons will plunge at once into the lowest depths of prostitution ? Junius supposes, that the present house of commons, ill going such enormous lengths, have been impru- dent to themselves, as well as wicked to the public ; that their example is not within the reach of emula- tion ; and that, in the first session after the next elec- tion, some popular measures may probably be adopt- ed. He does not expect that a dissolution of parlia- ment will destroy corruption, but that, at least, it will be a check and terror to their successors, who vilege which he is supposed to have violated, it becomes ai aggravation of his offence. Surely this doctrine is not to be found in Magna Charta. If it be admitted without limita- tion, I affirm, that there is neither law nor liberty in this kingdom. We are the slaves of the house of commons ; and, through them, we are the slaves of the king and his mmisters. Anonymous. JITNIUS'S LETTERS. 87 will have sce.i, that, in flagrant cases, their constitu- ents can and will interpose with effect. After all, sir, will 3'ou not endeavour to remove or alleviate the most dangerous symptoms, because you cannot eradicate the disease ? Will you not punish treason or parri- cide, because the sight of a gibbet does not prevent high-way robberies.? When the main argument of Junius Is admitted to be unanswerable, I think it would become the minor critic, who hunts for blem- ishes, to be little more distrustful of his own sagacity. The other objection is hardly worth an answer. When Junius observes, that kings are ready ennugli to follow such advice, he does not mean to insinuate, that, if the advice of parliament were good, the king would be so ready to follow it. PHILO JUNIUS. XLVI. To the Printer of the Fublic Advertiser. SIR, May 25, i77l. I confess my partiality to Junius, and feel a con- siderable pleasure in being able to communicate any thing to the public in support of his opinions. The doctrine laid down in his last letter, concerning the power of the house of commons to commit for con- tempt, is not so new as it appeared to many people ; who dazzled with the name of prmZe^e, had never suffered themselves to examine the question fairly. In the course of my reading this morning, I met with 88 JUMIUS'S LETTERS. the following passage in the journals of the house of commons, (Vol. i. p. 603.) Upon occasion of a ju- risdiclion unlawfully assumed by the house in the year 1621, Mr. attorney-general Noye gave his opinion as follows : " No doubt but in some cases, this house may give judgment, in matters of returns, and con- cerning members of our house, or falling out in our view in parliament ; but, for foreign matters, know- clh not how we can judge it; knoweth not that we have been used to give judgment in any case, but those before mentioned." Sir Edward Coke, upon the same subject, sayp, (page 604,) " No question but this is a house of re- cord, and that it hath power of judicature in some cases ; have power to judge of returns and members of our house. One, no member, offending out of the parliament, ivhen he came hither, and justified it, was censured for it." Now, sir, if you will compare the opinion of these great sages of the law with Junius's doctrine, you will find they tally exactly. He allows the power of the house to commit their own members, which, how- ever, they may grossly abuse ; he allows their power in cases where they are acting as a court of judica- ture, viz. elections, returns, &;c. and he allows it in such contempts as immediately interrupt their pro- ceedings ; or, as Mr. Noye expresses it, falling ovt \n their view in parliament. They who would carry the privileges of parlia- ment farther than Junius, either do not mean well to the public, or know not what they are doing. The government of England is a government of law. We betray ourselves, we contradict the spirit of our JUNIUS'S LETTERS. 89 laws, and we shake the whole system of English ju- risprudence, whenever we entrust a discretionary power over the life, liberty, or fortune of the subject to any man, or set of men, whatsoever, upon a pre- sumption that it will not be abused. 1»HIL0 JUNIUS. XLVIL To the Printer of the Public Advertiser. SIR, May 28, 1771. Any man who lakes the trouble of perusing the journals of the house of commons, will soon be con- vinced, that very little, if any regard at all, ought to be paid to the resolutions of one branch of the legis- lature, declaratory of the law of the land, or even of what they call the law of paiiiament. It will appear that these resolutions have no one of the properties by which, in this country particularly, law is distinguish- ed from mere will and pleasure; but that, on the contrary, they bear every mark of a power arbitrarily assumed and capriciously applied : that they are usually made in times of contest, and to serve some unworthy purpose of passion or party; that the law is seldom declared until after the fact by which it is supposed to be violated ; that legislation and juris- diction are united in the same persons, and exercised at the same moment; and that a court from which there is no appeal, assumes an original jurisdiction n a criminal case. In short, sir, to collect a thousand 90 JUNIUS'S LETTERS. absurdities into one mass, " we have a law which cannot be known, because it is ex post facto : the party is both legislator and judge, and tiie juris- diction is without appeal." Well might the judges say, " The law of parliament is above us." You will not wonder, sir, that with these qualifi- cations, the declaratory resolutions of the house of commons should appear to be in perpetual contra- diction, not only to common sense, and to the laws we are acquainted with, (and which alone we can obey,) but even to one another. I was led to trouble you with these observations by a passage, which, to speak in lutestring, / met with this morning in the course of my reading, and upon which I mean to put a question to the advocates for privilege. On the 8th of March, 1704, (Fi(?e Journals, Vol. xiv. p. 560,) the house thought proper to come to the following resolutions : 1. " That no commoner of England committed by the house of commons for breach of privilege or contempt of that house, ought to be, by any writ of Habeas Corpus, made to appear in any other place, or before any other judicature, during that session of parliament wherein such person was so committed." 2. " That the serjeant at arms, attending this house, do make no return of, or yield any obedience to, the said writs of Habeas Corpus ; and for such his refusal, that he 'lave the protection of the house cf commons."* • If there be, m reality, any such law in England as the law of parliament, which (under the exception stated in my letter on privilege) I confess, after long deliberation, 1 JUNIUS'S LETTERS. 91 Welbore Ellis, what say you ? Is this the law of parliament, or is it not? I am a plain man, sir, and cannot follow you through the phlegmatic forms of an oration. Speak out, Gildrig, say yes or no. If you say yes, I shall then inquire by what authority Mr. de Grey, the honest lord Mansfield, and the barons of the exchequer, dared to grant a writ of Habeas Corpus for bringing the bodies of the lord mayor and Mr. Oliver before them ; and why the lieutenant of the Tower made any return to a writ, which the house of commons had, in a similar in- stance, declared to be unlawful. If you say no, take care you do not at once give up the cause in support of which you have so long and so laboriously tor- tured your understanding. Take care you do not confess that there is no test by which we can distin guish, no evidence by which we can determine, what is, and what is not, the law of parliament. The resolutions I have quoted, stand upon your journals, uncontroverted and unrepealed : they contain a de- claration of the law of parliament, by a court com- petent to the question, and whose decision, as you and lord Mansfield say, must be law, because there very much doubt, it certainly is not constituted by, nor can it be collected from, the resolutions of either house, whether enacting or declaratory. I desire the reader will compare the above resolutions of the year 1704, with the following of the 3d of April, 1628. — " Resolved, That the wnts o( Habea. Corpus cannot be denied, but ought to be granted to evertj man that is committed or detained in prison, or otherwise restrained by the command of the king, the privy councfl, or any otlier, he pra} ing the same." 92 JUNIUS'S LETTERS. is no appeal from it : and ijiey were made not hasti- ly, but after long deliberation upon a constitutional question. What farther sanction or solemnity will you annex to any resolution of the present house of commons, beyond what appears upon the face of those two resolutions, tbe legality of which you now deny."* If you say that parliaments are not infallible, and that queen Anne, in consequence of the violent pro- ceedings of that house of commons, was obliged to prorogue and dissolve them, I shall agree with you very heartily, and think that the precedent ought to be followed immediately. But you, Mr. Ellis, who hold this language, are inconsistent wilh your own principles. You have hitherto maintained, that the house of commons are the sole judges of their own privileges, and that their declaration does ipso facto constitute the law of parliament ; yet now you con- fess that parliaments are fallible, and that their re- solutions may be illegal ; consequently that their re- solutions do not constitute the law of parliament. When the king was advised to dissolve the present parliament, you advised him to tell his subjects, that " he was careful not to assume any of those powers which the constitution had placed in other hands," &.C. ITet queen Anne, it seems, was justified in ex- erting her prerogative to stop a house of commons whose proceedings, compared with those of the as ecmbly of which you' are a most worthy member were the perfection of justice and reason. In what a labyrinth of nonsense does a man involve himself who labours to maintain falsehood by argu- ment ! How much better would it become the dig- nity of the house of commons to speak plainly to the JUNIUS'S LETTERS. 93 peop e, and tell us, at once, " that their will must be obeyed ; not because it is lawful and reasonable, but because it is their will !" Their constituents would have a better opinion of their candour, and, 1 promise you, not a worse opinion of their integrity, PHILO JUNIUS. XLvm. To his Crrace the Duke of Grafton. MY LORD, June 22, 1771- The profound respect I bear to the gracious prince who governs this country, with no less honour to iiimself than satisfaction to his subjects, and who re- stores you to your rank under his standard, will save you from a multitude of reproaches. The attention I should have paid to your failings, is involuntarily attracted to the hand that rewards them ; and though I am not so partial to the royal judgment as to affirm, that the favour of a king can remove mountains of infamy, it serves to lessen, at least, (for undoubtedly it divides,) the burden. While I remember how mucli is due to his sacred character, I cannot, with any de- cent appearance of propriety, call you the meanest and basest fellow in the kingdom. I protest, my lord, I do not think you so. You will have a dangerous rival in that kind of fame to which you have hitherto so happily directed your ambition, so long as there is one man living who thinks you worthy of his confi- dence, and fit to be trusted with any share in his 94 JUNIUS'S LETTERS. government. I confess you have great intrinsic merit ; but take care you do not value it too highly. Consider how much of it would have been lost to the world, if the king had not graciously affixed his stamp, and given it currency among his subjects. If it be true that a virtuous man, struggling with adversity, be a scene worthy of the gods, the glorious contention between you and the best of princes deserves a circle equally attentive and respectable : I think I already see other gods rising from the earth to behold it. But this language is too mild for the occasion. The king is determined that our abilities shall not be lost to society. The perpetration and description of new crimes will find employment for us both. My lord, if the persons who have been loudest in their professions of patriotism, had done their duty to the public with the same zeal and perseverance that I did, I will not assert that govennment would have re- covered its dignity, but at least our gracious sove- reign must have spared his subjects this last insult ;* which, if there be any feeling left among us, they will resent more than even the real injuries they received from every measure of your grace's administration. In vain would he have looked round him for another character so consummate as yours. Lord Mansfield shrinks from his principles: his ideas of government, perhaps, go farther than your own ; but his heart disgraces the theory of bis understanding. Charles Fox is yet in blossom ; and as for Mr. Wedderburne, there is something about him which even treachery cannot trust. For the present, therefore, the best of * The duke was lately appointed vd privy seal. JUNIUS'S LETTERS. 95 princes must have contented himself with lord Sand- wich. You would long since have received your final dismission and reward, and I, my lord, who do nut esteem you the more for the high office you possess, would willingly have followed you to your retiremtiit. There is surely something singularly benevolent in the character of our sovereign. From the momeul he ascended the throne, there is no crime of wirKii human nature is capable (and I call upon the record- er to witness it) that has not appeared venial in his sight. With any other prince, the shameful deserlioii of him in the midst of that distress which you uIoiil- had created, in the very crisis of danger, when hv fancied lie saw the throne surrounded by men of vir- tue and abilities, would have outweighed the memory of your former services. But his majesty is full ol justice, and understands the doctrine of compensa- tions. He remembers, with gratitude, how soon yuu had accommodated your morals to the necessity of his service ; how cheerfully you had abandoned tli-' ' engagements of private friendship, and renounced the most solemn professions to the public. The sacrifice of lord Chatham was not lost upon him. Even the cowardice and perfidy of deserting him may have done you no disservice in his esteem. The instance v.'as painful, but the principle might please. You did not neglect the magistrate while you flat- tered the man. The expulsion of Mr. Wilkes, prede- termined in the cabinet ; the power of depriving the subject of his birthrigiit, attributed to a resolution of one branch of the legislature ; the constitution impu- dently invaded by the house of commons ; the right of defending it treacherously renounced by the house 96 JUNIUS'S LETTERS. of lords J ihese are the strokes, my lord, whidi. in the present reign, recommend to office and constitute a minister. They would have determined your sove- reign's judgment, if they had made no impression upon his heart. We need not look for any other species of merit to account for his taking the earliest opportunity to recall you to his councils. But you have other merit in abundance. Mr. Hine, the duke of Portland, and Mr. Yorke : — Breach of trust, rob- bery, and murder. You would think it a compliment to your gallantry, if I added rape to' the catalogue; but the style of your amours secures you from resis- tance. I know how well these several charges have been defended. In the first instance, the breach of trust is supposed to have been its own reward. ]\Tr. Bradshaw affirms, upon his honour, (and so may the gift of smiling never depart from him !) that you re- served no part of Mr. Hine's purchase-money for your own use, but that every shilling of it was scru- pulously paid to governor Burgoyne. INIake haste, • my lord; another patent, applied in time, may keep the Oaks* in the family. If not, Birnham-Wood, I fear, must come to the Macaroni. The duke of Portland was in life your earliest friend. In defence of his property, he had nothing to plead but equity against sir James Lowther, and prescription against the crown. You felt for your friend : but the law must take its course. Posterity will scarce believe that lord Bute's son-in-law had • A superb villa of colonel Burgoyne, about this time ad- vertised for sale. JUNIUS'S LETTERS. 97 oarely interest euougli at the treasury to get his grant completed before the general election.* Enough has been said of that detestable transac- tion which ended in the death of Mr. Yorke : I can- not speak of it without horror and compassion. To excuse yourself, you publicly impeach 3'our accom- plice J and to his mind, perhaps, the accusation ma}' be flattery. But in murder you are both princij)als. It was once a question of emulation ; and, if the event had not disappointed the inniiediate schemes of tiie closet, it might still have been a hopeful subject of jest and merriment between 3'ou. Tills letter, my lord, is only a preface to my fu- ture correspondence. The remainder of tlte summer s'.iall be dedicated to your amusement. I mean now and then to relieve the severity of your morning stu dies, and to prepare you for the business of the day. Witiiout pretending to more than Mr. Bradshaw's sincerity, you may rely upon my attachment as long as you are in office. Will your grace forgive me, if I venture to express some anxiety for a man whom I know you do not love ,'' My lor«i Weymouth has cowardice to plead, and a desertion of a later date than your own. You know the privy-seal was intended for him ; and if you consider the dignity of the post he deserted, you will hardly think it decent to quarter him on Mr. Rig- • It will appear, by a subsequent letter, that the duke's precipitation proved fatal to tlie grant. It looks like the hurry and confusion of a young highwayman, who takes a few shillings, but leaves the purse and watch behind him. And yet the duke was an old offender. VOL. II. E 7 98 JUNIUS'S LETTERS. by. Yet 1)0 liuisl have bread, >ny lord ; or, rather, he must have wine. If you deny liim the cup, there wil' be no keeping him within the pale of the ministry. JUNIUS. XLIX. To his Grace the Duke of Grafton. MY LORD, July 9, 1771. The influence of 3 our grace's fortune still seen)s to preside over the treasury. The genius of Mr. Bradshaw inspires Mr. Robinson.* How remarka- bk' it is (and I speak of it not as a matter of reproach, but as something peculiar to your character) that you have never yet formed a friendship, which has not been fatal to the object of it ; nor adopted a cause, to which, one way or other, you have not done mis- chief! Your attachment la infamy while it lasts j and, which ever way it turns, leaves ruin and dis- grace behind it. The deluded girl, who yields to such a profligate, even while he is constant, forfeits her reputation as well as her innocence, and finds herself abandoned at last to misery and shame. Thus it happened with the best of princes. Poor Dingley, too ! I protest I hardly know which of them we ought * By an intercepted letter from the secretary of the trea- sury, it appeared, that the friends of government were to be very active in supporting the ministerial nomination of sheriffs. JUNIUS'S LETTERS. 99 most to lament; the unhajopy man who sinks under the sense of his dishonour, oi him wlio survives it. Char- acters so finished are placed beyond the reach of pan- egyric. Death has fixed his seal upon Dingley ; and you, my lord, have set your mark upon the other. The only letter I ever addressed to the king was so unkindly received, that I believe I shall never pre- sume to trouble his majesty in that way again. But my zeal for his service is superior to neglect ; and, like Mr. Wilkes's patriotism, thrives by persecution. Yet his majesty is much addicted to useful reading; and, if I am not ill informed, has honoured the Pub- lic Advertiser witli particular attention. I have en- deavoured, therefore, and not without success, (as, perhaps, you may remember,) to furnish it with such interesting and edifying intelligence, as probably would not reach him through any other channel. The services you have done the nation, your integri- ty in office, and signal fidelity to your approved good master, have been faithfully recorded. Nor have his own virtues been entirely neglected. These letters, my lord, are read in other countries, and in other languages; and I think I may affirm, without vanity, that the gracious character of the best of princes is by this time, not only perfectly known to his sub- jects, but tolerably well understood by the rest of Europe. In this respect alone I have the advantage of Mr. Whitehead. His plan, I think, is too narrow. He seems to manufacture his verses for the sole use of the hero who is supposed to be the subject of them, and, that his meaning may not be exported in foreign bottoms, sets all translation at defiance. Your grace's re-appointment to a seat in the cabi 100 JUNIUS'S BETTERS. net was announced to the public by the ominous re- turn of lord Bute to this country. When that nox- ious planet approaches England, he never fails to bring plague and pestilence along with him. The king already feels the malignant effect of your indu- ence over his councils. Your former administration made Mr. Wilkes an alderman of London and repre- sentative of Middlesex. Your next appearance in office is marked with his election to the shrievalty. In whatever measure you are concerned, you are not only disappointed of success, but always contrive to make the government of the best of princes contempt- ible in his own eyes, and ridiculous to the whole world. Making all due allowance for the effect of the minister's declared interposition, Mr. Robinson's ac- tivity, and Mr. Home's new zeal in support of ad- ministration, we still want the genius of the duke ol Grafton to account for committing the whole interest of government in the city to the conduct of Mr. liar- ley. I will not bear hard upon your faithful friend and emissary, Mr. Touchet j for I know the difficul- ties of his situation, and that a few lottery tickets are of use to his economy. There is a proverb concern- ing persons in the predicament of this gentleman, which, however, cannot be strictly applied to hiiu, They commence dupes, and finish knaves. Now, Mr. Touchet's character is uniform. I am convinced that his sentiments never depended upon his circumstan- ces ; and that, in the most prosperous state of his fortune, he was always the very man he is at present. But was there no other person of rank and conse- quence in the city, whom government could confide in, but a notorious Jacobite ? Did you imagine that JUNIUS'S LETTERS. 101 tlic whole body of the dissenters, that the whole whig interest of London, would attend at the levee, and submit to the directions of a notorious Jacobite ? Was there no whig magistrate in the city, to whom the servants of George the Third could entrust the management of a business so very interesting to their master as the election of sheriffs ? Is there no room at St. James's but for Scotchmen and Jacobites .'' ?\Iy lord, I do not mean to question the sincerity of Mr. Harley's attachment to his majesty's government. Since the commencement of the present reign. I have seen still greater contradictions reconciled. • The principles of these worthy Jacobites are not so ab- surd as they have been represented. Their ideas of divine right are not so much annexed to the person or family, as to the political character of the sove- reign. Had there ever been an honest man among the Stuarts, his majesty's present friends would have been whigs upon principle. But the conversion of the best of princes has removed their scruples. They have forgiven him the sins of his Hanoverian ancestors, and acknowledged the hand of Providence in the de- scent of the crown upon the head of a true Stuart. In you, my lord, they also behold, with a kind of predilection which borders upon loyalty, the natural representative of that illustrious Aimily. The mode of your descent from Charles the Second is only a bar to your pretentions to the crown, and no way in- terrupts the regularity of your succession to all the virtues of the Stuarts. The unfortunate success of the reverend Mr. Home s endeavours in support of the ministerial nomination t02 JUNIUS^S LETTERS. of sheriffs, will, I fear, obstruct his preferment. Permit me to recommend him to your grace's pro- tection. You will find him copiously gifted wit'i those qualities of the heart which usually direct you in the choice of your friendships. He too was ]\Ir. Wilkes's friend, and as incapable as 3'ou are of the iiTaeral resentment of a gentleman. No, my lord ; it was the solitary, vindictive malice of a monk, brooding over the infirmities of his friend, until ho thought they quickened into public life, and feasting with a rancorous rapture upon the sordid catalogue of his distresses. Now let him go back to his clois- ter. The church is a proper retreat for him. In his principles he is already a bishop. The mention of this man has moved me from my natural moderation. Let me return to 3our grace. You are the pillow upon which I am determined to rest all my resentments. What idea can the best of sovereigns form to himself of his own government ? In what repute can he conceive that he stands with the people, when he sees, bej^ond the possibility of a doubt, that, whatever be the office, the suspicion of his favour is fatal to the candidate ; and that, when the party he wishes well to has the fairest prospect of success, if his royal inclination should unfortunately be discovered, it drops like an acid, and turns the election ? This event, among others, may, perhaps, con- tribute to open his majesty's eyes to his real honour and interest. In spite of all your grace's ingenuity, he may, at last, perceive the inconvenience of se- lecting, with such a curous felicity every villain in JUNIUS'S LETTERS. 103 the nation to fill the various departments of his gov- ernment. Yet I should be sorry to confine him in the choice either of his footmen or his friends. JUNIUS. L. From the Rev. Mr. Home to Junius. SIR, July 13, 1771. Farce, Comedy, and Tragedy. — Wilkes, Footc, and Junius — united at the same time against one poor parson, are fearful odds. The two former are only labouring in their vocation, and may equally plead, in excuse, that their aim is a livelihood. I admit the plea for the second: his is an honest calling, and my clothes were lawful game ; but I cannot so readily approve Mr. Wilkes, or commend him for making patriotism a trade, and a frudnlcnt trade. But what shall I say to Junius ? the grave, the solemn, the didactic ! Ridicule, indeed, has been ridiculously called the test of truth : but surely, to confess that you lose your natural moderation when mention is made of the man, does not promise much truth or justice when you speak oC him yourself. You charge me with " a new zeal in support of administration," and with " endeavours in support of the ministerial nomination of sheriffs." The re- putation which your talents have deservedly gained to the signature of Junius draws from me a reply 104 JUNIUS'S LETTERS. which I disdahied to give to the an"Dnymous lies of Mr. Wilkes. You make frequent use of the word gentleman ; I only call myself a man, and desire no other distinction. If you are cillierj you are bound to make good your charges, or to confess lliat you have done ine a hasty injustice upon no authority. I put the matter fairly to issue. 1 say that, so far from any " new zeal in support of adniinistratloi;," I am possessed with the utmost abhorrence of their njeasures ; and that I have ever shown myself, and am still ready, in any rational manner, to lay down all I have — my life, in opposition to those measures. 1 say, that I have not, and never have had, any communication or connexion of any kind, directly or indirectly, with any courtier or ministerial man, or any of their adherents ; that I never have received, or solicited, or expected, or desired, or do now hope fui-, any reward of any sort, from any part^' or set of men in administration or opposition. I say, thai I never used any " endeavours in support of the min- i.terial nomination of sheriffs ;" that I did not solicit uiiv one liveryman for his vote for any one of tlie cuudidates, nor employ an}' other person to solicit ; and that I did not write one single line or word in f.i- voLir of Mess. Plumbe and Kirkman, whom I under- staiid to have been supported b}' the ministry. You are bound to refute what I here advance, or to lose your credit for veracity. You must produce facts; surmise and general abuse, in however elegant lan- guage, ought not to pass for proofs. You have every advantage, and I have every disadvantage : you are unknown ; I give my name. All parties, both in and out of administration, have their reasons (which I JUNIUS'S LETTERS. 105 shall relate hereafter) for uniting In their wishes against me : and the popular prejudice is as strongly in your favour as it is violent against the parson. Singular as my present situation is, it is neither painful, nor was it unforeseen. He is not fit for pub- lic business, who does not, even at his entrance, pre- pare his, mind for such an event. Health, foriune, tranquillity, and private connexions, I have sacrificed upon the altar of the public ; and the only return I received, because I will not concur to dupe and mis- lead a senseless multitude, is barely, that they have not yet torn me in pieces. That this has been the only return is my pride and a source of more real satisfaction than honours or prosperity. I can prac- tise, before I am old, the lessons I learned in my youth ; nor shall I forget the words of my ancient monitor : " 'Tis the last key-stone That makes the arch ; the rest that there were put, Are nothing till that comes to bind and shut ; Then stands it a triumphal mark ' Then men Observe the strength, the height, the why and when It was erected j and still, walking under. Meet some new matter to look up and wonder !" I am, sir, your humble servant, JOHN HORNE, E S 106 JUNIUS'S LETTERS. LI. To the RevtrA'id Mr. Home. SIR, July 24, 1771. I cannot descend to an altercation with you in the newspapers: but since I have attacked your charac- ter, and you complain of injustice, I think you have some right to an explanation. You defy me to prove, that you ever solicited a vote, or wrote a word in support of the ministerial aldermen. Sir, I did never suspect you of such gross folly. It would have been impossible for Mr. Home to have solicited votes, and very difficult to have written in the newspapers in de- fence of that cause, without being detected, and brought to shame. Neither do I pretend to any in- telligence concerning you, or to know more of your conduct than you yourself have thought proper to communicate to the public. It is from your own let- ters, I conclude, that 30U have sold yourself to the ministry : or, if that charge be too severe, and sup- posing it possible to be deceived by appearances so very strongly against you, what are your friends to say in your defence ? Must they not confess, that, to gratify your personal hatred of Mr. Wilkes, you sa- crificed, as far as depended on your interest and abilities, the cause of the country f I can make al- lowances for the violence of the passions ; and if ever I should be convinced that vou had no motive but to destroy Wilkes, I shall then be ready to do justice to JUNIUS'S LETTERS. 107 your character, and to declare to the world, that I despise you somewhat less than I do at present. But, as a public man, I must for ever condemn you. You cannot but know, (nay, you dare not pretend to be ignorant) that the highest gratifications of which the most detestable * * in this nation is capable, would have been the defeat of Wilkes. I know that man much better than any of you. Nature intended him only for a good-humoured fool. A systematical education, with long practice, has made him a con- summate hypocrite. Yet this man, to say nothing of his worthy ministers, you have most assiduously la- boured to gratify. To exclude Wilkes, it was not necessary you should solicit votes for his opponents. We incline the balance as eflectually by lessening the weight in one scale, as increasing it in the other. The mode of your attack upon Wilkes (though I am far from thinking meanly of your abilities) con- vinces me that you either want judgment extremely, or that you are blinded by your resentment. You ought to have foreseen that the charges you urged against Wilkes could never do him any mischief. After all, when we expected discoveries highly inter- esting to the community, what a pitiful detail did it end in ! — some old clothes, — a Welsh pony— a Freiu'h footman — and a hamper of claret. Indeed, Mr. Home, the public should and will forgive him his claret and his footman, and even the ambition of making his brother chamberlain of London, as long as he stands forth agamst a ministry and parliament who are doing every thing they can to enslave the country, and as long as he is a thorn in the king's side. You will not '•uspe-t me of setting up Wilkes 108 JUNIUS'S LETTERS. for a perfect character. The question i. the public is, where shall we find a man who, wiln purer prin- ciples, will go the lengths, and run the hazards, that he has done ? The season calls for such a man, and he ought to be supported. What would have been the triumph of that odious hypocrite and his minions, if Wilkes had been defeated ! It was not your fault, reverend sir, that he did not enjoy it completely. But now, I promise you, you have so little power to do mischief, that I much question whether the minis- try will adhere to the promises they have made you. It will be in vain to say that I am a parlizan of Mr. Wilkes, or personally your enemy. You will con- vince no man, for you do not believe it j'oursdf. Yet I confess I am a little offended at tiie low rate al which you seem to value my understanding. I beg, Mr. Home, you will hereafter believe, that I measure the integrity of men by their conduct, not by their professions. Such tales may entertain Mr. Oliver, or your grandmother ; but, trust me, they are thrown away upon Junius. You say you are a man. Was it generous, was it manly, repeatedly to introduce into a newspaper, the name of a young lady with whom you must hereto- fore have lived on terms of politeness and good hu- mour ? But I have done with you. In my opinion, your credit is irrevocably ruined. Mr. Townshend, I think, is nearly in the same predicament. Poor Oliver has been shamefully duped by you. You have made him sacrifice all the honour he got by his im- j)risonment. As for Mr. Sawbridge, whose charac- ter I really respect, I am astonished he does not see through your duplicity Never was so base a design JUNIUS'S LETTERS. 109 so poorlj conducted. This letter,* you see, is not 'ntended for the public ; but, if you think it will do you any service, you are at liberty to publish it. JUNIUS LU. From the Rev. Mr. Home to Junius. Sm, July 31, 1771. You have disappointed me. When I told you that surmise and general abuse, in however elegant lan- guage, ought not to pass for proofs, I evidently hint- ed at the reply which I expected : but you have drop- ped your usual elegance, and seem willing to try what will be the effect of surmise and general abuse in very coarse language. Your answer to my last letter (which, I hope, was cool, and temperate, and modest) has convinced me, that my idea of a man is much su- perior to yours of a gentleman. Of your fornin letters, I have always said, Materiem superahat opus : I do not think so of the present: the principles are more detestable than the expressions are mean and illiberal. I am contented that all those who adopt the one should for ever load me with the other. I appeal to the common sense of the public, to which I have ever directed myself: I believe they have • This letter was transmitted privately by the printer tc Mr. Home, at Junius's request. Mr. Home returned it to the printer, with directions to publish it. 110 JUNIUS'S LETTERS. it J though I am soinetinies half inclined to saspcct that Mr. Wilkes has formed a truer judgment of man- kind than I have. However, of this I am sure, that there is nodiing else upon which to place a steady reliance. Trick, and low cunning, and addressing their prejudices and passions, may be the fittest means to carry a particular point; but if they have not com- mon sense, there is no prospect of gaining for them any real permanent good. The same passions which have been artfully used by an honest man for their advantage, may be more artfully employed by a dis- honest man for their destruction. I desii-e them to apply their common sense to this letter of Junius, not for my sake, but their own ; it concerns them most nearly ; for the principles it contains lead to disgrace and ruin, and are inconsistent with every notion of civil society. The charges which Junius has brought against me, are made ridiculous by his own inconsistency and self-contradiction. He charges me positively with " a rtew zeal in support of administration;" and with " endeavours in support of the ministerial nomina- tion of sheriffs." And he assigns two inconsistent motives for my conduct : either that I have " sold myself to the ministry ;" or am instigated " by the solitary vindictive malice of a monk :" either that I am influenced by a sordid desire of gain, or am hur- ried on by " personal hatred, and blinded by resent- ment." In his letter to the duke of Grafton, he sup- poses me actuated by both : in his letter to me, he at first doubts which of the two, whether interest or re- venge, is my motive. However, at last he determines for the former and again positively asserts, " tha/ JUNIUS'S LETTERS. Ill the ministry have made me promises :" yet he pro- duces no instance of corruption, nor pretends to have any iutelHgence of a ministerial connexion. He men- tions no cause of personal hatred to Mr. Wilkes, nor any reason for my resentment or revenge : nor has Mr. Wilkes himself ever hinted any, though repeat- edly pressed. When Junius is called upon to justify ills accusation, he answers, " He cannot descend to an altercation with me in the newspapers." Junius, who exists only in tl e newspapers, who acknowledges he has " attacked my character" thei-e, and thinks " I have some right to an explanation ;" yet this Junius " cannot descend to an altercation in t!;o iic-.vspapers !" And because he cannot descend to ■Mi altercation with me in the newspapers, he sends a loiter of abuse, by the printer, which he finishes wiih tilling me, " I am at liberty to publish if.^^ Tiiis, to be sure, is a most excellent method to avoid an altercation in the newspapers! The proofs of his positive charges are as extraor- dinary. " He does not pretend to any intelligence concerning me, or to know more of my conduct than I myself have thought proper to communicate to the public." He does not suspect me of such gross folly a9 to have solicited votes, or to have written anony- mously in the newspapers; because it is impossible to do either without being detected, and brought to shame. Junius says this ! who yet imagines that he has himself written two years under that signature (and more under others) without being detected ! his warmest admirers will not hereafter add, without be- ing brought to shame. But, tiiough he never did suspect me of such gross folly, as to run the hazard 112 JUNIUS'S LETTERS. of being detected, and brought to shame, by anonj inous writing, he insists that I have been guilty of a much grosser folly, of incu) ring the certainty of shame and detection, by writings signed with my name ! But this is a small flight for the towering Junius : " He is far from thinking meanly of my abilities," though " he is convinced that I want judgment ex- tremel}';" and can " really respect Mr. Sawbridge's character," though he declares him* to be so poor u creature, as not to " see through the basest design, conducted in the poorest manner. And this most base design is conducted in the poorest manner by a man, whom he does not suspect of gross iblly, and of whose abilities he is far from thinking meanly ! Siiould we ask Junius to reconcile these contra- dictions, and explain this nonsense, the answer is * I beg leave to introduce Mr. Home to the character ol the Double Dealer. I thought they had been better ac- quainted. " Another very wrong objection has been made by so!me, who have not taken leisure to distinguish the characters. The hero of the play (meaning Melefont) is a gull, and made a fool, and cheated. Is every man a gull '.nd a fool that is deceived ? At that rate, I am afraid, the two classes of men will be reduced to one, and the knaves themselves be at a loss to justify their title. But if an open, honest-hearted man, who has an entire confidence in one whom he takes to be his friend, and who (to confirm him in his opinion) in all appearance, and upon several trials, has been so, if this man be deceived by the treachery of the other, must he of necessity commence fool immediately, only because the other has proved a villain ?" Yes, says parson Home. No, says Congreve : and he, I think, is al- lowed to have known something of human nature. JUNIUS'S LETTERS. 113 ready: " He cannot descend to an altercation in the newspapers." He leels no reluctance to attack the character of any man : the throne is not too high, nor the cottage too low : his mighty malice can grasp both extremes. He hints not his accusations as opin- ion, conjecture, or inference, but delivers them as positive assertions. Do the accused complain of in- justice.'' He acknowledges they have some sort of right to an explanation ; but if they ask for proofs and facts, he begs to be excused ; and though he is no where else to be encountered, " he cannot descend to an altercation in the newspapers." And this, perhaps, Junius may think " the liberal resentment of a gentleman ;" this sculking assassina- tion he may call courage. In all things, as in this, I hope we differ. " I thought that fortitude had been a mean 'Twixt fear and rashness ; not a lust obscene, Or appetite of offending ; but a skill And nice discernment between good and ill. Her ends are honesty and pubUc good : And without ih .^i; she is not understood." Of two things, however, he has condescended to give proof. He very properly produces a young lady to prove that I am not a man; and a good old woman, my grandmother, to prove Mr. Ohver a fool. Poor old soul ! she read her Bible far otherwise than Ju- nius ! She often found there, that the sins of the fathers had been visited on the children ; and there- fore was cautious that herself, and her immediate descendants, should leave no reproach on her poster- ity : and they left none. How Ittle could she fore- 114 JUNIUS'S LETTERS. see tills reverse of Junius, who visits my political sins upon n\y granchnother ! 1 do not cliarge this to the score of malice in iiini; it proceeded entirely from his propensity to blunder; that whilst he was reproach- ing me for introilucing, in the most harmless manner, lliL" name of one female, he might himself, at the same iii.-;;iiit, introduce two. 1 am represented, alternately, as it suits Junius's purpose, under the opposite characters of a gloomy monk, and a man o^ politeness and good-humour. I am called " a solitary monk," in order to confirm the notion given of me in Mr. Wilkes's anonymous para- graphs, lliat I never laugh. And the terms of polite- ness and good-humour, on which 1 am said to have lived heretofore with the young lady, are intended to confirm other paragraphs of Mr. Wilkes, in which he IS su|jpused to have ofiTended me by refusing his daugh- ier. Ridicidous ! Yet I cannot deny but that Junius has proved me uimianly and ungenerous, as ckaily us he has shown me corrupt and vindictive : and I will tell him more ; I have paid the present ministry as many visits and compliments as ever I paid to the young lady ; and shall all my life treat them with the same politeness and good-humour. But Junius " begs me to believe, that he measures the integrity of men by their conduct, not by their professions." Sure this Junius must imagine his i-eaders as void of understanding as he is of modesty ! Where shall we find the standard of his integrity? By what are we to measure the conduct of this lurk- ing assassin ? And he says this to me, whose conduct, wherever T could personally appear, has Ijeen as direct^ and open, and public, as my words. I have JUNIUS'S LETTERS. 116 liot, like hlin, concealed myself in my chauibc., to shoot my arrows out of the window ; nor contented myself to view the battle from afarj but publicly mixed in the engagement, and shared the danger. To whom have I, like him, refused my name, upon complaint of injury? What printer have I desired to conceal me ? In the infinite variety of business in which I have been concerned, where it is not so easy 10 be faultless, which of my actions can he arraign ^ To what danger has any man been exposed, which I have not faced ? Information, action, imprisonment, or death ? What labour have I refused f Wjiat expense have I declined 'i What pleasure have I not renounced .'' But Junius, to whom no conduct be- longs, " measures the integrity of men by their con- duct, not b.y their professions :" himself, all the while being nothing but professions, and those too anony- mous. The political ignorance, or wilful falsehood, # of this declaimer, is extreme. His own former letters justify both my conduct and those whom his last let- ter abuses : for the public measures which Junius has been all along defending, were ours whom he attacks ; and the uniform opposer of those measures has been Mr. Wilkes, whose bad actions and intentions he en- deavours to screen. Let Junius now, if he pleases, change his abuse, and quitting his loose hold of interest and revenge, accuse me of vanity, and call this defence boasting. 1 own I have pride to see statues decreed, and the highest honours conferred, for measures and actions which all men have approved ; whilst those who coun- selled and caused them are execrated and insulted. The darkness in whicl: Junius thi ks himself shroud- 116 JUNIUS'S LETTERS. ed, has not concealed him ; nor the artifice of only attaching under that signature those he would pull down, whilst he recommends by other loays those he would have promoted, disguised from me whose par- tisan he is. When lord Chatham can forgive the awkward situation in whicii, for the sake of the pub- ic, he was designedly placed by the thanks to him from the city ; and when Wilkes's name ceases to be necessary to lord Rockingham, to keep up a clamour against the persons of the ministry, without obliging the different factions, now in opposition, to bind them- selves beforehand to some certain points, and to stip- ulate some precise advantages to the public ; then, and not till then, may those whom he now abuses ex- pect the approbation of Junius. The approbation of the public, for our faithful attention to their interest, by endeavours for those stipulations, which have made us as obnoxious to the factions in opposition as to those in administration, is not, perhaps, to be ex[):'(t- ed till some years hence ; when the public will look back, and see how shamefully they have been de- luded, and by what arts they were made to lose the golden opportunity of preventing what they wili surely experience, — a change of ministers, without a material change of measures, and without any secu- rity for a tottering constitution. But what cares Ju- nius for the security of the constitution .'' He has now unfolded to us his diabolical principles. As a public man he must ever condemn any measure which may tend accidentally to gratify the sovereign ; and Mr. Wilkes is to be supported and assisted in all his at- tempts (no matter how ridiculous and mischievous his projects) as long as he continues to he a thorn in the JUNIUS'S LETTERS. 117 k-ing''s side! The cause of the country, it seems, in the opinion of Junius, is merely to vex the king; and any rascal is to be supported in any roguery, provided he can only thereby plant a thorn iji the king^s side. This is the very extremity of faction, and the last de- gree of political wickedness. Because lord Chatham has been ill treated by the king, and treacherously betrayed by the duke of Grafton, the latter is to be " the pillow on which Junius will rest his resentment;" and the public are to oppose the measures of govern- ment from mere motives of personal enmity to the sovereign ! These are the avowed principles of the man who, in the same letter, says, " If ever he should be convinced that I had no motive but to destroy Wilkes, he shall then be ready to do justice to my character, and to declare to the world, that he despi- ses me somewhat less than he does at present!" Had I ever acted from personal affection or enmity to ]\Ir. Wilkes, I should justly be despised : but what does he deserve, whose avowed motive is personal enmity to the sovereign ? The contempt which I should otherwise feel for the absurdity and glaring inconsis- tency of Junius, is here swallowed up in my abhor- rence of his principles. The right divine and sacred- ness of kings is to me a senseless jargon. It was thought a daring expression of Oliver Cromwell, in the time of Charles the First, that, if he found him- self placed opposite to the king in battle, lie would discharge his piece into his bosom as soon as into any other man's. I go farther : had 1 lived in those days, I would not have waited for chance to give me an opportunity of doing my duty; I would have sought him through tiie ranks, and, without the least per- 118 JUiVlUS'S LETTERS. sonal onitniy, linvc (lischarged my piece into his bosom rather than into any other man's. The king, whose actions justify rebeUion to hi; government, deserves death from the hand of every subject. And should such a time arrive. I shall be as free to act as to say ; but, till then, my attachment to the person and family of the sovereign shall ever be found more 7.ealous and sincere than that of his flatterers. 1 would oflend the sovereign with as much reluctance as the parent : but if the happiness and security ol the whole family made it necessary, so far, and no farther, I would oflend hitn without remorse. But let us consider a little whither these principles of Junius would lead us. Should Mr. Wilkes once more commission Mr. Thomas Walpole to procure for him a pension of one thousand pounds, upon the Irish establishment, for thirty years, he must be sup- ported in tiie demand by the public, because it would mortify the king ! Siiould he wish to see lord Rockingham and his friends once more in administration, unclogged by any stipulations for the people, that he might again enjoy a pension of one thousand and forty pounds a year, viz. from the first lord of the treasury, 5001. from the lords of the treasury, 60Z. each : from the lords of trade, 40Z. each, &;c. the public must give up their attention to points of national benefit, and assist Mr. Wilkes in his attempt, because it would mortify the king ! Should he demand the government of Canada, or of Jamaica, or the embassy to Constantinople, and, in case of refusal, threaten to write them down, as he hac' before served another administration, in a JUNILS'S LETTERS. 119 year and a half, he must be supported in his preten- sions, and upheld in his insolence, because it would mortify the king ! Junius may choose to suppose that these things cannot happen ! But, that they have happened, not- withstanding Mr. Wilkes's denial, I do aver. I main- tain that Mr. Wilkes did commission Mr. Thomas Walpole to solicit for him a pension of one thousand pounds, on the Irish establishment, for thirty years ; with which, and a pardon, he declared he would be satisfied: and that, notwithstanding his letter to Mr. Onslow, he did accept a clandestine, precarious, and eleemosynary pension from the Rockingham admin- istration, which they paid in proportion to, and out of heir salaries ; and so entirely was it ministerial, that, as any of them went out of the ministry, their names were scratched out of the list, and they contributed no longer. I say, he did solicit the governments, and the embassy, and threatened their refusal nearly in these words : " It cost me a year and a half to write down the last administration ; should I employ as much time upon you, very few of you would be in at the death." When these threats did not prevail, he came over to England to embarrass them by his presence : and when he found that lord Rockingham was something firmer and more manly than he ex- pected, and refused to be bullied into what he couhl not perform, Mr. Wilkes declared tiiat he could not leave England without money and tlu^ duke of Port- land and lord Rockingham purciiasetl iiis absence with one hundred pounds a-piece, with which he re- turned to Paris. And for the truth of what I here advance, I appeal to the duke of Portland, to lord 120 JUNIUS'S LETTERS. Rockingham, to John lord Cavendish^, to Mr. Wal- pole, &,c. I appeal to the hand-writing of Mr. "Wilkes, which is still extant. Should Mr. Wilkes afterwards (failing in thia wholesale trade) choose to dole out his popularity by the pound, and expose the city offices to sale to his brother, his attorney, he. Junius will tell us, it is only an ambition that he has to make them chamberlain, town clerk, &ic. and he must not be opposed in dius robbing the ancient citizens of their birthright, because any defeat of Mr. Wilkes would gratify the king ! Should he, after consuming the whole of his own fortune and that of his wife, and incurring a debt of twenty thousand pounds, merely by his own private extravagance, without a single service or exertion al this time for the public, whilst his estate remained ; should he, at length, being undone, commence patricn ; have the good fortune to be illegally persecuted, and, in consideration of that illegality, be espoused by a few gentlemen of the purest public principles: should his debts, though none of them were contracted for the public, and all his other encumbrances, be dis- charged; should he be offered GOOZ. or 1000?. a year to make him independent for the future ; and should he, after all, instead of gratitude for these services, msolently forbid his benefactors to bestow their own money upon any other object but himself, and revile them for setting any bounds to their supplies; Junius (who, any more than lord Chatham, never contributed one farthing to these enormous expenses) will tell them, that if hey think of converting the supplies of Mr. Wilkes's private extravagance to the support of JUNIUS'S LETTERS. 121 public measures, they are as great fools as my grand- mother ; and that Mr. Wilkes ought to hold the strings of tiieir purses, as long as he continues to be a thorn in the king's side ! Upon these principles I never have acted, and 1 never will act. In my opinion, it is less dishonoura- ble to be the creature of a court, than the tool of a faction. I will not be either. I understand the two great leaders of opposition to be lord Rockingham and lord Chatham ; under one of whose banners all the opposing members of both houses, who desire to get places, enlist. I can place no confidence in either of them, or in any others, unless they will now engage, whilst they ..le out, to grant certain essential advan- tages for the security of the public when they shall be in administration. These points they refuse to stipulate, because they are fearful lest they should prevent any future overtures from the court. To force them to these stipulations has been the uniform endeavour of Mr. Sawbridge, Mr. Townshend, Mr. Oliver, &ic. and therefore they are abused by Junius. I know no reason, but my zeal and industry in the same cause, that should entitle me tc the honour of being ranked hy his abuse with persons of their for- tune and station. It is a duty I owe to the memory of the late ]\Ir. Bcckford, to say, that lie had no other aim than this, when he provided that sumptuous en- tertainment at the Mansion House, for the members of both houses in opposition. At that time, he drew up the heads of an engagement, which lie gave to me, with a request that I would couch it in terms so cau- tious and precise, as to leave no room for future quibble and evasion ; but to oblige them either to 122 JUNIUS'S LETTERS. fulfil the intent of the obligation, or to sign their own infamy, and leave it on record ; and this engagement he was determined to proj3ose to them at the Mansion House, that cither by their refusal they might forfeit the confidence of the public, or, by the engagement, lay a foundation for confidence. When they were informed of the intention, lord Rockingham and his friends flatly refused any en- gagement ; and Mr. Beckford as llally swore, ihvy sliould then " eat none of his broth ;" and he wa:; determined to put off the entertainment ; but Mi Reckford was prevailed upon by * * * to indulg them in the ridiculous parade of a popular proccs sion through the city, and to give them the fooliJ; pleasure of an imaginary consequence, for the re:./ benefit only of the cooks and purveyors. It was the same motive which dictated the thanks oi liie cit}^ to lord Chatham ; which were expressed to be given for his declaration in favour o( short parliamenis, in order thereby to fix lord Chatham, at least, to that one constitutional remedy, without which all otheii can afibrd no security. The embarrassment, no doubt^ was cruel. He had his *.hoice, either to ofl!end the Rockingham party, who declared formally against short parliaments, and with the assistance of whose numbers in both houses he must expect again to bo minister, or to give up the confidence of the public, from whom, finally, all real consequence must pro- ceed. Lord Chatham chose the latter; and I will venture to say, that, by his answer to those thanks, he has given up the people without gaining the friendship or cordial assistance of the Rockingham factioD, whose little politics are confined tc the raak- JUNIUS'S LETTERS. 123 ing of matches, and extending their family connex- ions ; and who think they gain more by procuring one additional vote to tiieir party in the house ol commons, than by adding their languid property, and feeble character, to the abilities of a Chatham, or tlie confidence of a public. Whatever may be the event of the present wretched state of politics in this country, the principles of Ju- nius will suit no form of government. They are not to be tolerated under any constitution. Personal en- mity is a motive fit only for the devil. Whoever, or whatever is sovereign, demands the respect and sup- port of the people. The union is formed for their happiness, which cannot be had without mutual res- pect; and he counsels maliciously who would per- suade either to a wanton breach of it. When it is banished by either party, and when every method has been tried in vain to restore it, there is no reme- dy but a divorce ; but even then he must have a hard and a wicked heart indeed, who punishes the greatest criminal merely for the sake of the punish- ment ; and who does not lei fell a tear for every drop of blood that is shed in a public struggle, however just the quarrel. JOHN HORNE. 121 JUNIUS'S LETTERS LIII. To the Printer of the Public Advertiser , SIR, August 15, 1771. I ought to make an apology to the duke of Graf- ton, for suffering any part of my attention to be di- verted from his grace to Mr. Home. I am not justi- fied by the similarity of their dispositions. Private vices, however detestable, have not dignity sufficient to attract the censure of the press, unless they are united with the power of doing some signal mischief to the community. Mr. Home's situation does not correspond with his intentions. In my opinion, (which I know will be attributed to my usual vanity and pre- sumption) his letter to me does not deserve an answer. But I understand that the public are not satisfied with my silence; that an answer is expected from me; and that if I persist in refusing to plead, it will be taken for conviction. I should be inconsistent with the principles I profess, if I declined an appeal to the good sense of the people, or did not willingly submit my- self to the judgment of my peers. If any coarse expressions have escaped me, I am ready to agree that they are unfit for Junius to make use of; but I see no reason to admit that they have been improperly applied. Mr. Home, it seems, is unable to comprehend how an extreme want of conduct and discretion can con sist with the abilities I have allowed him ; nor can he JUNIUS'S LETTERS. 125 conceive thai a very honest man, with a very good luiderstanding, may be deceived by a knave. His iinowledge of human nature must be limited indeed. Had he never mixed with the world, one would have thought that even his books might have taught him better— Did he hear lord Mansfield when he defended his doctrine concerning libels ? Or when he stated the law in prosecutions for criminal conversation ? Or wlien he delivered his reasons for calling tiie house of lords together to receive acopy of his charge to the jury in Woodfall's trial ? Had he been present upon any of these occasions, he would have seen how possible it is for a man of the first talents to confound himself in absurdities, which woukl disgrace the lips of an idiot. Perhaps the example might have taught him not to value his own understanding so highly. Lord Lyttleton's integrity'and judgment are unquestiona- l)le; yet lie is known to admire that cunning Scotch- man, and verily believes him an honest man. I speak to facts, with which all of us are convcrsaiit. I speak to men, and to their experience ; and will not descend to answer the little sneering sophistries of a collegian. Distinguished talents are not necessarily connected with discretion. If there be any thing re- markable in the character of Mr. Home, it is, that extreme want of judgment should be united with his very moderate capacity. — Yet I have not forgotten the acknowledgment I made him ; he owes it to mv bounty : and tliough his letter has lowered him in mv opinion, I scorn to retract the charitable donation. I said it would be very difficult for Mr. Home to write directly in defence of a ministerial measure, and not to be detected, and even that difficulty I confined 126 JUNIUS'S LETTERS. to bis particular situation. He changes lie terms of the proposition, and supposes me to assert, that it would be impossible for any man to write for the newspapers, and not be discovered. He repeatcdl}' affirms, or intimates at least, that ho knows the author of these letters. With what colour of truth, then, can he pretend, " That I am no where to be encountered but in a newspaper .?" I shall leave him to his suspicions. It is not necessary that I should confide in the honour and discretion of a man, who already seems to hate me with as much rancour as if I had formerly been his friend. But he asserts, that he lias traced me through a variety of signatures. To make the discovery of any importance to his pur- pose, he should have proved, either that the fictitious character of Junius has not been consistently sup- ported, or that the author has maintained difTereiit principles under different signatures. I cannot recall to my memory the numberless trifles I have written ; but I rely upon the consciousness of my own integri- t}', and defy him to fix any colourable charge of in- consistency upon me. I am not bound to assign the secret motives of his apparent hatred of Mr. Wilkes : nor does it follow that I may not judge fairly of his conduct, though it were true that I had no conduct of my own. Mr. Home enlarges with rapture upon the importance of his services ; the dreadful battles which he might have been engaged in, and the dangers he has escaped. In support of the formidable description he quotes verses without mercy. The gentleman deals in fiction, and naturally appeals to the evidence of the poets. Taking him at his word, he cannot but admit the superiority ji;nius's letters. 127 of Mr. Wilkes in this line of service. On one side, we see nothing but imaginary distress ; on the other, we see real prosecutions ; real penalties 5 real impri- sonment ; life repeatedly hazarded ; and, at one mo- ment, almost the certainty of death. Thanks nre undoubtedly due to every man who does his duly in the engagement, but it is the wounded soldier who deserves the reward. I did not mean to deny, that Mr. Home hnd been an active partizan. It would defeat my own purpose not to allow him a degree of merit which aggravates his guilt. The very charge " of contributing his ut- most efforts to support a ministerial measure," implies an acknowledgment of his former services. If he had not once been distinguished by his apparent zeal in defence of the common cause, he could not now be distinguished by deserting it. As for myself, it is no longer a question, " Whether I shall mix with the throng, and take a single share in the danger." Whenever Junius appears, he must encounter a host of enemies. But is there no honourable way to serve the public, without engaging in personal quarrels with insignificant individuals, or submitting to the drud- gery of canvassing votes for an election ? Is ther( no merit in dedicating my life to the information of my fellow-subjects .'' What public question have I declined .'' What villain have I spared ? Is there no labour in the composition of these letters ? Mr. Uorne, 1 fear is partial to me, and measur»> the fa- cility of my writings by the fluenc}' of his own. He talks to us in high terms of the gallant feats he would have performed if he had lived in the last cen- tury The unhappy Charles could hardly have es- 128 JUNILS'S LETTERS. caped liim. But living princes have'a claim to his attachinent and respect. Upon tlicse terms, there is no danger in heing a patriot. If he means any thing more than a pompous rlinpsod}', let us try how well his argument holds together. I presume he is not yet so much a courtier as to aflirm that the constitution has not been grossly and daringly violated under the present reign. He will not say, that the laws have not been shamefully broken or perverted ; that the rights of the subject have not been invaded ; or, that redress has not been repeatedly solicited and refused. Grievances, like these, were the foundation of the re- bellion in the last century ; and, if I understand Mr. Home, they would, at that period, have justified him, to his own mind_, in deliberately attacking the life of his sovereign. I shall not ask him, to what political constitution this doctrine can be reconciled : but, at least, it is incumbent upon him to show, that the present king has better excuses than Charles the First, for the errors of his government. He ought to demonstrate to us, that the constitution was better understood a hundred years ago, than it is at present; that the legal rights of the subject, and the limits of the prerogative, were more accurately defined, and more clearly comprehended. If propositions like these cannot be fairly maintained, I do not see how he can reconcile it to his conscience, not to act im- mediately with the same freedom with which he speaks. I reverence the character of Charles the First as lit- ile as Mr. Home ; but I will not insult his misfor- tunes by a comparison that would degrade him. It is worth observing, by what gentle degrees the furious, persecuting zeal of Mr. Home has softened JUNIUS'S LETTERS. 129 nilo moderation. Men and measures were yesterday Ills object. What pains did he once take to bring that great state criminal M' Quirk to execution ! To-day he confines himself to measures only ; no penal ex- ample is to be left to the successors of the duke of Grafton. To-morrow, I presume, both men and measures will be forgiven. The flaming patriot, who so lately scorched us in the meridian, sinks temper- ately to the west, and is hardly felt as he descends. I comprehend the policy of endeavouring to com- municate to Mr. Oliver and Mr. Sawbridge a share in the reproaches with which he supposes me to iiave loaded him. My memory fails me, if I have men- tioned their names with disrespect; unless it be re- proachful to acknowledge a sincere respect for the rlraracter of Mr. Sawbridge, and not to have ques- tioned the innocence of Mr. Oliver's intentions. I I seems I am a partizan of the great leader of the (ijjljosition. If the charge had been a reproach, it s'i'juld have been better supported. I did not intend to make a public declaration of the respect I bear lord Chatham ; I well knew what unworthy conclusions would be drawn from it. But I am called upon to deliver ray opinion ; and surely it is not in the little censure of Mr. Home to deter me from doing signal justice to a man, who, I confess, has grown upon my esteem. As for the common sordid views of avarice, or any purpose of vulgar ambition, I question whether the applause of Junius would be of service to lord Chatham. My vote will hardly recommend him to an increase of his pension, or to a seal in the cabinet. But, if his ambition be upon a level with his under- standing, if he judges of what is truly honourable F 2 9 130 JUx\[US'S LETTERS for himself, with the same superior genius which ani- mates and directs him to eloquence in debate, to wis- dom in decision, even the pen of Junius shall con- tribute to reward him Recorded honours shall g-atli- or round his monument, and thicken over him. It is a solid fabric, and will support the laurels that adorn it. I am not conversant in the language of panegyric. These praises are extorted from me ; but they will wear well, for they have been dearly earned. My detestation of the duke of Grafton is not found- ed upon his treachery to any individual ; though I am willing enough to suppose, that, in public affairs, it would be impossible to desert or betray lord Chat- ham, without doing an essential injury to this coun- try. My abhorrence of the duke arises from an inti- mate knowledge of his character, and from a thorough conviction that his baseness has been the cause of greater mischief to England, than even the unfortu- nate ambition of lord Bute. The shortening the duration of parliaments is a subject on which Mr. Home cannot enlarge too warm- ly, nor will I question his sincerity. If I did not profess the same sentiments, I should be shamefully inconsistent with myself. It is unnecessary to bind lord Chatham by the written formality of an engage- ment. He has publicly declared himself a convert to triennial parliaments ; and though I have long been convinced, that this is the only possible resource vve have left to preserve the substantial freedom of the constitution, I do not think we have a right to deter- mine against the integrity of lord Rockingham or his frreuds. Other raeasurss may undoubtedly be sup- JUNIUS'S LETTERS. 131 ported in argument, as better adapted to the disorder, or more likely to be obtained. Mr. Home is well assured that I never was tie champion of Mr. Wilkes. But though I am not obliged to answer for the firmness of his future adhe- rence to the principles he professes, I have no reason to presume that he will hereafter disgrace them. As for all those imaginary cases which Mr. Home so petulantly urges against me 1 have one plain honest answer to make him. Whenever Mr. Wilkes shall be convicted of sd iciting a pension, an embassy, or a government, he must depart from that situation, and renounce that character, which he assumes at pre- sent, and whiv:h, in my opinion, entitles him to the support of the public. By the same act, and at the same moment, he will forfeit his power of mortifying the king : and though he can never be a favourite at Si. James's, his baseness may administer a solid satis- faction to the royal mind. The man I speak of has not a heart to feel for the frailties of his fellow-crea- iiires. It is their virtues that afflict, it is their vices that console him. I give every possible advantage to Mr. Home, V, hen I take the facts he refers to for granted. That I hey are the produce of his invention, seems highly jtrobable; that they are exaggerated, I have no doubt. At the worst, what do they amount to.? but that Mr. Wilkes, who never was thought of as a perfect pattern of morality, has not been at all times proof against the extremity of distress. How shameful is it in a man who has lived in friendship with him, to reproach him with failings too naturally connected with des- pair.? Is no allowance to be made for banishmen 132 JUNIUS'S LETTERS. and ruin ? Does a two years' imprisonment make no atonement for his crimes ? Tlie resentment of a priest is implacable : no sufferings can soften, no penitence can appease him. Yet he himself, I think, upon his own system, has a multitude of political of- fences to atone for. 1 will not insist upon the nause- ous detail with which he so long disgusted the pub- lic ; he seems to be ashamed of it. But what excuse will he make to the friends of the constitution, foi labouring to promote this consummately had man to a station of the highest national trust and import- ance.^ Upon what honourable motives did he recom- mend him to the livery of London for their represen- live ; to the ward of Farringdon for their alder- man ; to the county of Middlesex for their knight ^ Will he affirm, that, at that time, he was ignorant o. Mr. Wilkes's solicitations to the ministry.'' That he should say so, is, indeed, very necessary for his own justification ; but where will he find credulity to be- lieve him ^ In what school this gentleman learned his ethics, I know not. His logic seems to have been studied un- der Mr. Dyson. That miserable pamphleteer, divid- ing the only precedent in point, and taking as much of it as suited his purpose, had reduced his argument upon the Middlesex election to something like the shape of a syllogism. Mr. Home has conducted himself with the same ingenuity and candour. I had afiirmed, that Mr. Wilkes would preserve the public fa /our, " as long as he stood forth against a minis- try and parliament, who were doing every thing they could to enslave the country and as long as he was a thorn in the king's side." Yet, from the exulting JUNIUS'S LETTERS. 133 triumph of Mr. Home's reply, one would think that I had rested my expectation that Mr. Wilkes \^oultl be supported by the public, upon the single condition of his mortifying the king. This may be logic at Cambridge, or at tiie treasury ; but, among men of sense and honour, it is folly or villanj' in the ex- treme. I see the pitiful advantage he has taken of a single unguarded expression, in a letter not intended for the public. Yet it is only the expression that is unguard- ed. I adhere to the true meaning of that member of the sentence, taken separately as he takes it ; and no.v, upon the coolest deliberation, re-assert, that, fir the purposes I referred to, it may be highly meri- t;)i!()us to the public, to wound the personal feelings (if the sovereign. It is not a general proposition, nor i; It generally applied to the chief magistrate of this, or any other constitution. Mr. Home knows, as well as I do, that the best of princes is not displeased with the abuse which he sees thrown upon his ostensible ministers. It makes them, I presume, more properly *• the objects of his royal compassion. Neither does it escape his sagacity, that the lower they are de- graded in the public esteem, the more submissively they must depend upon his favour for protection. This I affirm, upon the most solemn conviction, and the most certain knowledge, is a leading maxim in the policy of the closet. It is unnecessary to pursue the argument any farther. Mr. Home is now a very loyal subject. He laments the wretched state of politics in this country ; and sees, in a new liglit, the weakness and folly of the opposition. " Whoever, or whatever, is sovereign 134 JUNIUS"S LETTERS. demands the respect and support of the people:"'* It wns not so " when Nero fiddled while Rome was burning." Our gracious sovereign has had wonder- ful success in creating new attachments to his person and family. He owes it, I presume, to the regular system he has pursued in the mystery of conversion. He began with an experiment upon the Scotch, and concludes with converting Mr. Home. What a pity It is, that the Jews should be condemned by Provi- dence to wait for a Messiah of their own ! The priesthood are accused of misinterpreting the Scriptures. Mr. Home has improved upon his pro- fession. He alters the text, and creates a refutable doctrine of his own. Such artifices cannot long de- lude the understandings of the people; and, without meaning an indecent comparison, I may venture to foretell, that the Bible and Junius will be read, when the commentaries of the Jesuits are forgotten. JUNIUS. * The very soliloquy of lord Suffolk before he passed the Rubicou. JUNIUS'S LETTERS. 135 LIV. To the Printer of the Public Advertiser. SIR, August 26, 1771. The enemies of the people having now nothing better to object to my friend Junius, are, at last, obli- ged to quit his politics, and to rail at him for crimes lie is not guilty of. His vanity and impiety are now the perpetual topics of their abuse. I do not mean to lessen the force of such charges, supposing they were true, but to show that they are not founded. If I admitted the premises, I should readily agree in all the consequences drawn from them. Vanity, indeed, is a venial error, for it usually carries its own punish- ment with it ; but if I thought Junius capable of ut- tering a disrespectful word of the religion of his coun- try, I sliould be the first 10 renounce and give him up to the public contempt and indignation. As a man, I am satisfied that he is a Christian, upon the most sincere conviction : as a writer, he would be grossly inconsistent with his political principles, if he dared to attack a religion, established by those laws, which it seems to be the purpose of his life to defend. Now for the proofs. Junius is accused of an impious allusion to the holy sacrament, where he says, that, " if lord Weymouth be denied the cup, there would be no keeping him within the pale of the ministry." Now, sir, I affirm, that this passage refers entirely to a ceremonial in the Roman Catholic churcii, which 136 JUNIUS'S LETTERb denies the cup to the laity. It has no manner of re- lation to the protestant creed ; and is in this country as fair an object of ridicule as transuhstantiation, or any other part of lord Peter's History, in the Tale of a Tub. But Junius is charged with equal vanity and im- piety, in comparing his writings to the Holy Scrip- tures. The formal protest he makes against any such comparison avails him nothing. It becomes neces- sary then to show that the charge destroys itself If he be vain, he cannot be impious. A vain man does not usually compare himself to in\ object which it is 4iis design to undervalue. On the other hand, if he be impious, he cannot be vain ; for his impiety, if any, must consist in his endeavour- ing to degrade the Holy Scriptures, by a comparison vvitlj his own contemptible writings. This would be folly, indeed, of the grossest nature ; but where lies the vanity .? I shall now be told, " Sir, what you s;iy is plausible enough ; but still you must allow, that it is shamefully impudent in Junius to tell us that his works will live as long as the Bible." My answer is. Agreed: hut first prove that he has said so. Look at his words, and you will find that tiie utmost he expects is, that the Bible and Junius will survive the commentaries of the Jesuits; which may prove true in a fortnight. The most malignant sagacity cannot show that his works are, in his opinion, to live as long as the Bible. Suppose I were to foretell, that Jack and Tom would survive Harry, does it tollovv that Jack must live as long as Tom .? I would only illustrate my meaning, and protest against the least idea of profaneness. JUNIUS'S LETTERS. 137 Tel this is the way in which Junius is usually answered, arraigned, and convicted. These candid critics never remember any thing he says in honour of our holy religion: though it is true that one of {lis leading arguments is made to rest " upon the in- ternal evidence, which the purest of all religions carries with it." I quote his words; and conclude from them, that he is a true and hearty christian, in substance, not in ceremony; though possibly he may not agree with my reverend lords the bishops, or with the head of the church, " that prayers are morality, or that kneeliijg is religion." PHILO JUNIUS. LV. From the Reverend Mr. Home to Junius. August 17, 1771. I congratulate you, sir, on the recovery of your wonted style, though it has cost you a fortnight. I compassionate your labour in the composition of your letters, and will communicate to you the secret of my fluency. Truth needs no ornament ; and in my opinion, what she borrows of the pencil is deformity. You brought a positive charge against me of cor- ruption. I denied the charge, and called for your proofs. You replied with abuse, and re-asserted your charge. I called again for proofs. You reply again with abuse only, and drop your accusation. 138 JUNIUS'S TiETTERS. In jour fortnight's letter, there is not one word upon tlie subject of my corruption. I have no more to say, but to return thanks to you for your condescension, and to a grateful public, and honest ministry, for all the favours they have con- ferred upon me. The two latter, I am sure, will never refuse me any grace I shall solicit : and since you have been pleased to ac Knowledge, that you told a deliberate lie in my favour, out of bounty, and as a ciiaritable donation, why may I not expect that you will hereafter (if you do not forget you ever men- tioned my name with disrespect) make the same ac- knowledgment for what you have said to my preju- dice ? This second recantation will perhaps, be more abhorrent from your disposition , but should you de- cline it, you will only afford one more instance, how much easier it is to be generous than just, and that men are sometimes bountiful who are not honest. At all events, I am as well satisfied with panegyric as lord Chatham can be. Monument I shall have none ; but over my grave it will be said, in your own words, " Home's situation did not correspond with his intentions."* JOHN HORNE * The epitaph would not ht. ill suited to the character at the best it is but equivocal. JUmUS'S LETTERS 139 LVI. To his Grace the Duke of Grafton. MY LORD, September 28, 1771 The people of England are not apprised of the full extent of their obligations to yon. They have yet no adequate idea of the endless variety of your character. They have seen you distinguished and successful in (he continued violation of those mornl and political duties, by which the little as well as the great socie- ties of life are connected and held together. Every colour, every character became you. With a rate of abilities which lord Weymouth very justly looks down upon with contempt, you have done as much mischief to tlie community as Cromwell would have done, if Cromwell had been a coward ; and as much as Machiavel, if Machiavel had not known that an appearance of morals and religion is useful in society. To a thinking man, the influence of the crown will, in no view, appear so formidable, as when he observes to what enormous excesses it has safely conducted your grace, without a ray of real understandi-ng. without even the pretensions to common decency or principle of any kind, or a single spark of personal resolution. What must be the operation of that per- nicious influence (for which our kings have wisely exchanged the nugatory name of prerogative) that in the highest stations can so abundantly supply the ab-- sence of virtue, courage, and abilities, and qualify 140 JUNIUS'S LETTERS. man to be a minister of u great nation, whom a pri- vate gentleman would be ashamed and afraid to admit Into his family ? Like the universal passi)ort of an ambassador, it supercedes the prohibition of the laws, banishes the staple virtues of tlio country, and intro- duces vice and folly triumphantly into all the depart- ments of the slate. Other princes, besides his majesty, have had the means of corruption within their reach, but they have used it with moderation. In former times, corruption was considered as a foreign auxil- iary to government, and only called in upon extra- ordinary emergencies. The unfeigned piety, the sanctified religion of George the Third, have taught him to new model the civil forces of the state. The natural resources of the crown are no longer confided in. Corruption glitters in the van, collects and main- tains a standing army of mercenaries, and at the same moment impoverishes and enslaves the country. His majesty's predecessors (excepting that worthy family from which you, my lord, are unquestionably descended) had some generous qualities in their com- position, with vices, I confess, or frailties in abun- dance. They were kings or gentlemen, not hypo- crites or priests. They were at the head of the church, but did not know the value of their office. They said their prayers without ceremony, and had too little priestcraft in their understanding, to reconcile the sanctimonious forms of religion with the utter de- struction of the morality of their people. IMy lord, this is fact, not declamation. With all your partiality to the house of Stuart, you must confess, tiiat eveii Charles the Second would have blushed at that open encouragemeitt, at those eager, meretricious caresses- JUNIUS'S LETTERS. 141 with which every species of private vice and public prostitution is received at St. James's. The unfortu- nate house of Stuart has been treated with an asperity which, if comparison be a defence, seems to border upon injustice. Neither Charles nor his brother were qualified to support such a system of measures a«^ would be neccessary to change the government and subvert the constitution of England. One of them was too much in earnest in his pleasures, the other in his religion. But the danger to this country would cease to be problematical, if the crown should ever descend to a prince whose apparent simplicity might throw his subjects off their guard, who might be no libertine in behaviour, who should have no sense of honour to restrain him, and who, with just religion enough to impose upon the multitude, might have no scruples of conscience to interfere with his morality. With these honourable qualifications, and the decisive advantage of situation, low craft and falsehood are all the abilities that are wanting to destroy the wisdom of nges, and to deface the noblest monument tliat human policy has erected. 1 know such a man ; my lord, I know you both ; and, with the blessing of God (for I, too, am religious) the people of England shall know you as well as I do. I am not very sure that greater abilities, would not, in effect, be an impedi- ment to a design which seems at first sight to recinirc a superior capacity. A better understanding might make him sensible of the wonderful beauty of that system he was endeavouring to corrupt ; the danger of the attempt might alarm him ; the meanness and intrinsic worthlessness of tlic object (supposing he could attain it) would fill him with shame, repentance, 142 JUNIUS'S LETTERS and disgust. But these are sensations which find no entrance into a barbarous, contracted heart. In some men there is a malignant passion to destroy the works of genius, literature, and freedom. The Van- dal and the monk find equal gratification i i it. Reflections like these, my lord, have a general relation to your grace, and inseparably attend you, in whatever company or situation your character occurs to us. They have no mmediate connexion with the following recent fact, which I lay before the public, for the honour of the best of sovereigns, and for the edification of his people. A prince (whose piety and self-denial, one would think, n)ight secure him Irom such a multitude of worldl}' necessi- ties,) with an annual revenue of near a million ster- ling, unfortunately wants money. The navy of Eng- land, by an equally strange occurrence of unforscen circumstances, (though not quite so unfortunately for his majesty,) is in equal want of timber. The world knows in what a hopeful condition you delivered the navy to your successor, and in what a condition we found it in the moment of distress. You were deter- mined it should continue in the situation in which you left it. It happened, however, very luckily for the privy purse, that one of the above wants promised fair to supply the other. Our religious, benevolent, gene- rous sovereign has no objection to selling his own tim- ber to his own admiralty, to repair his own ships, nor to putting the money into his own pocket. People of a religious turn naturally adhere to the principles of the church ; whatever they acquire falls into mort- main. Upon a representation fiom the admiralty of tiie extraordinary want of timber for the indispensable JUNIUS'S LETTERS. 143 repairs of the navy, the surveyor-general was direct- ed to make a survey of the timber in all the royul chases and forests in England. Having obeyed Ills orders with accuracy and attention, he reported that the finest timber he had any where met with, and the properest, in ever}" respect, for the purposes of the navy, was in Wiiittlebury Forest, of which your grace, I think, is hereditary' ranger. In consequence of this report, the usual warrant was prepared at the treasury, and delivered to the surveyor, by which he, or his deputy, were authorised to cut down any trees in Whittlebury Forest, which should appear to be proper for the purposes above-mentioned. The deputy being informed that the warrant was signed, and delivered to his principal in London, crosses the country to Northamptonshire, and, with an officious zeal for the public service, begins to do his duty in the forest. Unfortunately for him, he iiad not the warrant in his pocket. The oversight was enormous ; and you have punished him for it accordingly. You have insisted, that an active, useful officer should be dismissed from his place. You have ruined an inno- cent man and his family. In what language shall I address so black, so cowardly a tyrant .'' Thou worse than one of the Brunswicks, and all the Stuarts ! To them who know lord North, it is unnecessary to say, that he was mean and base enough to submit to you. This, however, is but a small part of the fact. After ruining the surveyor's deputy, for acting without the warrant, you attacked tiie warrant itself You declared that it was illegal ; and swore, in a fit of foaming frantic passion, that it never should be exe- cuted. You asserted, upon your honour, (liat in the 144 JUNIUS'S LETTERS; grant of the raiigership of Whittlebury Forest, mchde by Charles the Second (whom with a moflesty that would do iionour to Mr. Rigby, you are pleased to call your ancestor) to one of his bastards, (froiii whom I make no doubt of your descent,) the property of the timber is vested in the ranger. I ha\e ex- amined the original grant ; and now, in the face t/ the public, contradict you directly upon the fad The very reverse of what you have asserted upon your honour is the truth. The grant, expressly, and by a particular clause, reserves the property of the timber for the zise of the crown. In spite of this evidence, in defiance of the representations of the admiralty, in perfect mockery of the notorious dis- tresses of the English navy, and those equally press- ing and almost equally notorious necessities of your pious sovereign, here the matter rests. The lords of the treasury, recall their warrant; the deputy sur- veyor is ruined for doing his duty ; Mr. John Pitt (whose name, I suppose, is offensive to you) sub- mits to be brow-beaten and insulted; the oaks keep their ground ; the king is defrauded ; and the navy of England may perish for want of the best and finest timber in the island. And all this is submit- ted to, to appease the duke of Grafton ! to gratify the man who has involved the king and his king- dom in confusion and distress ; and who, like a treacherous coward, deserted his sovereign in the midst of it ! There has been a strange alteration in your doc- trines, since you thought it advisable to rob the duke of Portland of his propert}'^, in order to strengthen the interest of lord Bute's son-in-law before the last JUNIUS'S LETTERS. 'f45 general election. J\'uUuni tempus uccurrit regi was then your boasted motto, and the cry ot' all yuur hungry partizans. Now it seems a grant of Ciiarles the Second to one of his bastards is to be held sa cred and inviolable ! Lt must not be questioned by the king's servants, nor submitted to any interpreta- .ion but your own. My lord, this was not the lan- guage you held, when it suited you to insult the memory of the glorious deliverer of England from that detested family, to which you are still more nearly allied in principle than in blood. In the name of decencj' and common sense, what are your grace's merits, either with king or ministry, that should en- title you to assume this domineering authority over both ? Is it the fortunate consanguinity you claim with the house of Stuart ? Is it the secret corres- pondence you have so many years carried on with lord B:ite, by the assiduous assistance of your cream- coloured parasite 9 Could not your gallantry find sufficient employment for him in those gentle offices by which he first acquired the tender friendship of lord Barrington .'' Or is it only that wonderful sym- pathy of manners which subsists between your grace and one of your superiors, and does so much honour to you both .'* Is the union of Blifil and Black George no longer a romance ? From whatever ori- gin your influence in this country arises, it is a phe- nomenon in the history of human virtue and under- standing. Good men can hardly believe the fact ; wise men are unable to account for it ; religious men find exercise for their faith, and make it the last ef- fort of their p'.ety not to repine against Providence. JUNIUS. SOL. II. G 10 146 JUNIUS'S LETTERS LVII. Addressed to the Livery of London GENTLEMEN, Septombcr 30, 1771. If you alone were concerned iu the event of tlie picseat election of a chief magistrate of the metropo- lis, it would be the highest presumption in a stranger to aUempt to inlluence your choice, or even to oiler yju his opinion. But the situation of public affairs has annexed an extraordinary importance to your resolutions. You cannot, in the choice of your ma- gistrate, determine for yourselves only. You are go- ing to determine upon a point, in which every mem- ber of the community is interested. I will not scruple to say, that the very being of that law, of that right, of that constitution, for which we have been so long contending, is now at stake. They who would en- snare your judgment tell yoii, it is a common ordi- nary case, and to be decided by ordinary precedent and practice. They artfully conclude, from mode- rate peaceable times, to times which are not mode- rate, and which ought not to be peaceable. While they solicit your favour, they insist upon a rifle ol rotation, which excludes all idea of election. Let tne be honoured with a ksv minutes of your attention. The question, to those who mean fairly to the liberty of the people (which we all profess to have in view,) lies within a very narrow compass. Do you mean to desert that just and honourable sys- JUNIUS'S LETTERS. 147 tern of measures which you hnve hitherto pursued, in hopes of obtaining from parliament, or from the crown, a full redress of past grievant-es, and a security for the future ? Do you think the cause desperate, and will you declare that you think so to the whole peo- ple of England ? If this be your meaning and opinion, you will act consistently with it in choosing Mr. Nash. I profess to be unacquainted with his private character; but he has acted as a magistrate, as a public man. As such I speak of him. I see his name in a protest against one of your remonstrances to the crown. He has done everything in his power to destroy the freedom of popular elections in the city, by publishing the poll upon a former occasion ; and I know, in general, that he has distinguished himself, by slighting and thwarting all those pubJic measures which you have engaged in with tlie great- est warmth, and hitherto thought most worthy of your approbation. From his past conduct, what conclu- sion will you draw but that he will act the same part ;is lord mayor, which he has invariably acted as alder- man and sheriff.^ He cannot alter his conduct with- out confessing that he never acted upon principle ot any kind. I should be sorry to injure the character of a man, who, perhaps, may be honest in his inten- tion, by supposing it possible that he can ever concur with you in any political measure or opinion. If, on the other hand, you mean to persevere n\ those resolutions for the public good, wiiich, though not always successful, are always honourable, your choice will naturally incline to those men who (what- ever they be in other respects) arc most likely to co- operate with you in the great purpose which you are 148 JUNIUS'S LETTERS. detonnlnod not to relinquislj. Tlie question is not ol '.vliat metal your instruments are made, but whether ihey arc adtijjted to the loorJc you have in hand. The honours of the city, in these times, are improperly, because exclusively, callcrl a reward. You mean not merely to pay, but to employ. Are Mr. Crosby and Mr. Sinvbridge likely to execute the extraordinary, as well as the ordinary, duties of lord mayor .^ Will they grant you common-halls when it shall be neces- sary ? Will they go up with remonstrances to tht king ? Have they firmness enough to meet the fur} of a venal house of commons ? Have they fortitude enough not to shrink at imprisonment .'* Have they ?pirit enough to hazard their lives and fortunes in a .ontesl, if it should be necessary, with a prostituted egisUiture f If these questions can fairly be answer- ed in the affirmative, your choice is made. Forgive his passionate language. I am unable to correct it. The subject comes home to us all. It is the language of my heart. JUNIUS. LVIII. To the Printer of the Public Advertiser. SIR, October 5, 1771. No man laments more sincerely than I do, the uni.appy differences which have arisen among the friends of the people, and divided then~ from each other. The cause, undoubtedly, suffers as well by JUNIUS'S LETTERS. I4« the diminut.on of that strength which union carncs along witli it, as by the separate loss of personal re- putation, which every man sustains wlien his charac- ter and conduct are frequently held forth in odious or contemptible colours These differences are only advantageous to the common enemy of the country. The hearty friends of the cause are provoked ana disgusted. The lukewarm advocate avails himselt of any pretence, to relapse into that indolent indiffe- rence about every thing that ought to interest an Englislnnan, so unjustly dignified with the title of moderation. The false, insidious partizan, who cre- ates or foments the disorder, sees the fruit of his dis- lionest industry ripen beyond his hopes, and rejoices in the promise of a banquet, only delicious to such an appetite as his own. It is time for those who really mean the Cause and the People, who have no view tn private advantage, and who have virtue enough to prefer the general good of the community to the gra- tification of personal animosities ; it is time for such men to interpose. Let us try whether these fatal dissensions m ly not yet be reconciled ; or, if that be impracticabU let us guard at least against the worst effects of div ^ion, and endeavour to persuade these furious partizans, if they will not consent to draw cj* gether, to be separately useful to that cause which they all pret Mid to be attached to. Honour and honesty must lot be renounced, although a thousand modes of right and wrong were to occupy the degrees of morality between Zeno and Ei)icurus. The fun- damental principles of Christianity may still be pre- served, though every zealous sectary adheres to his own exclusive doctrine, and pious ecclesiastics make 150 JUNIUS'S J.ETTERS it part of their religion to persecute one another. The civil constitution, too, that legal liberty, that general creed which every Englishman professes, may still be supported, though Wilkes and Home, and Townshend and Savvbridge, should obstinately refuse to communicate ; and even if the fathers of the church, if Savile, Richmond, Camden, Rockingham, and Chatham, should disagree in the ceremonies of their political worship, and even in the interpretation of twenty texts in Magna Ch-^rta. I speak to the people, as one of the peoplt^ (iCf us employ these men in whatever departments heir various abilities are best suited to, and as much to the advantage of the common cause, as their different inclinations will permit. They cannot serve us without essentially serving themselves. If Mr. Nash be elected, he will hardly venture, after so recent a mark of the personal esteem of his fellow-citizens, to declare himself immediately a cour- tier. The spirit and activity of the sheriffs will, I hope, be sufficient to counteract any sinister intentions of the lord mayor. In collision with their virtue, perhaps, he may take fire. It is not necessary to exact from Mr. Wilkes the virtues of a Stoic. They were inconsistent with them- selves, who, almost at the same moment, represented him as the basest of mankind, yet seemed to expect from him such instances of fortitude and self-denial, as would do honour to an apostle. It is not, how- ever, flattery to say, that he is obstinate, intrepid, and fertile in expedients. That he has no possible re- source but in the public favour, is, in my judgment, a considerable recommendation of him. T wish that JUNIUS'S LETTERS. 16 every man who pretended to popularity were in the same predicament. I wish that a retreat to St. James's were not so easy and open as patriots have found it. To Mr. Wilkes there is no access. How- ever he may be misled by passion or imprudence, T think he cannot be guilty of a deliberate treachery to the public. The favour of his country constitutes the shield which defends him against a thousand daggers. Desertion would disarm him. I can more readily admire the liberal spirit and integrity, than the sound judgment, of any man who prefers a republican form of government, in this or any other empire of equal extent, to a monarchy so qualified and lin^itcd as ours. I am convinced, that neither is it in theory the wisest system of govern- ment, nor practicable in this country. Yet, though I hope the English constitution will for ever preserve its original monarchical form, I would have the man- ners of the people purely and strictly republican. 1 do not mean the licentious spirit of anarchy and riot. I mean a general attachment to the commonweal, distinct from any partial attachment to persons or families ; an implicit submission to the laws only ; and an affection to the magistrate, proportioned (o the integrity and wisdom with which he distributes justice to his people, and administers their affairs. The present habit of our political body appears to me the very reverse of what it ought to be. The lorm of the constitution leans rather more than enough to the popular branch ; while, in eflect, the manners of the people (of those at least who arc likely to take a lead in tlie country) in .line too generally to a dc pendence upon the crown Tlie real friends of arin- 152 JUNIUS'S LETTERS. trary power combine the fuels, and a're not inconsis- tent with their principles, when they slrenuously support the unwarrantable privileges assumed by tlie house of commons. In these circumstances, it were much to be desired, that we had many such men as Mr. Sawbridge to represent us in parliament. I speak from common report and opinion only, when I impute to him a speculative predilection in favour of a republic. In the personal conduct and manners of the man I camiot be mistaken. He has shown him- self possessed of that republican firmness which the times require ; and by which an English gentleman may be as usefully and as honourably distinguished, as any citizen of ancient Rome, of Athens, or Lace- demon. Mr. Townshend complains that the public gratitude has not been answerable to his deserts. It is not difficult to trace the artifices which have suggested .o him a language so unworthy of his understanding. A great man commands the afiections of the people a prudent man does not complain when he has lost them. Yet they are far from being lost to Mr. Town- shend. He has treated our opinion a little too cava- lierly. A young man is apt to rely too confidently upon himself, to be as attentive to his mistress as a polite and passionate lover ought to be. Perhaps he found her at first too easy a conquest. Yet I fancy she will be ready to receive him whenever he thinks proper to renew his addresses. With all his youth, his spirit, and his appearance, it would be indecent in the lady to solicit his return. have too much respect for the abilities of Mr. Hornc, to Hatter myself that these gentlemen will ever JUNIUS'S LETTERS. 153 be cordially re-united. It is not, however, unreason- able to expect, that each of them should act his sepa- rate part with honour and integrity to the public. As for differences of opinion upon speculative questions, if we wait until they are reconciled, the action of hu- man affairs must be suspended for ever. But neither are wc to look for perfection in any one man, nor for agreement among many. When lord Chatham af- firms, that the authority of the British legislature is not supreme over the colonies in the same sense in V. hich it is supreme over Great Britain; when lord Camden supposes a necessity (which the king is to judge of.) and, founded upon that necessity, attributes to the crown a legal power (not given by the act it- self,) to suspend the operation of an act of the legis- lature; I listen to them both with diffidence and res- pect, but without the smallest degree of conviction or assent. Yet I doubt not they delivered their real sentiments, nor ought they to be hastily condemned. I too have a claim to the candid interpretation of my country, when I acknowledge an involuntary, com- pulsive assent to one very unpopular opinion. I lament the unhappy necessity, whenever it arises, of providing for the safety of the state by a temporary invasion of the personal liberty of the subject. Would to God it were practicable to reconcile these impor- tant objects, in every possible situation of public affairs! I regard the legal liberty of the meanest man in Britain as much as my own, and would defend it with the same zeal. I know we must stand or fall together. But I never can doubt, that the community has a riglit to command, as well as to pnrchri'se, the SCI-. I'c fiflt'^ :::cnibers. I see that nt>lit founded on- 154 JUNIUS'S LETTERS. ginally upon a necessity which supersedes all argu ment : I see it established by usage immemorial, and admitted by more than a tacit assent of the legislature. I conclude there is no remedy, in the nature of things, for the grievance complained of; for, if there were, it must loi:g since have been redressed. Though numberless opportunities have presented themselves, highly favourable to public liberty, no successful at- tempt has ever been made fo the relief of the subject in tiiis article. Yet It has been felt and complained of ever since England had a navy. The conditions which constitute this right must be taken together ; separatel}', they have little weight. It is not fair to argue, from any abuse in the execution, to the ille- gality of the power j much less is a conclusion to be drawn from the navy to the land service. A seaman can never be employed but against the enemies of his country. The only case in which the king can have a right to arm his subjects in general, is that of a foreign force being actually landed upon our coast. Whenever that case happens, no true Englishman will inquire whether the king's right to compel him to de- fend his country be the custom of England, or a grant of the legislature. With regard to the press for sea- men, it does not follow that the symptoms may not be softened, although the distemper cannot be cured. Let bounties be increased as far as the public purse can support them. Still they have a limit; and when every reasonable expense is incurred, it will be found, in fact, that the spur of the press is wanted to give operation to the bounty. Upon the whole I never hnd a doubt about the strict right of pressing until I heard that lord Mansfield JUxMUS'S LETTERS. 155 had applauded lord Chatham for delivering some- thing like this doctrine in tlie house of lords. That consideration staggered me not a little. But, upon reflection, his conduct accounts naturally for itself. He knew the doctrine was unpopular, and was eager to fix it upon the man who is the first object of his fear and detestation. The cunning Scotchman never speaks truth without a fraudulent design. In council, he general!}' affects to take a moderate part. Besides his natural timidity, it makes part of his poli- tical plan, never to be known to recommend violent measures. When the guards are called forth to mur- der their fellow subjects, it- is not by the ostensible advice of lord Mansfield. That odious office, his prudence tells him, is better left to such men as Gow- er and Weymouth, as Barrington and Grafton. Lord Hillsborough wisely confines his firmness to the dis- tant Americans. The designs of Mansfield are more subtle, more effectual, and secure. Who attacks the liberty of the press .'' Lord Mansfield. Who invades the constitutional power of juries .'* Lord Mansfield. What judge ever challenged a juryman but lord Mansfield .'' Who was that judge, who, to save the king's brother, affirmed that a man of the first rank and quality, who obtains a verdict in a suit for crimi- nal conversation, is entitled to no greater damages ilian the meanest mechanic .'' Lord Mansfield. Who is it makes commissioners of the great seal ? Lord Mansfield. Who is it that forms a decree for those commissioners, deciding against lord Chatham, and afterwards (finding himself opposed by the judges) declares, in parliament, that he never had a doubt that the law was in direct opposition to that decree.? 156 JUNIUS'S LETTERS. Lord Mansfield. Who is he that has made t the study and practice of his life to undermine and alter the wiiolc system of jurisprudence in the court of king's bench? Lord Mansfield. There never ex- isted a man but himself who answered exactly to so complicated a description. Compared to these enor- mities, his original attachment to the Pretender (to whom his dearest brother was confidential secretary) is a virtue of the first magnitude. But the hour of impeachment will come, and neither he nor Grafton shall escape me. Now let them make common cause against England and the house of Hanover. A Stuart and a Murray should sympathise with each other. When I refer to signal instances of unpopular opin- ions, delivered and maintained by men, who may well be supposed to have no view but the public good, I do not mean to renew the discussion of such opinions. I should be sorry to revive the dormant questions of Stamp Act, Corn Bill, or Press Warrant, I mean only to illustrate one useful proposition, which it is the intention of this paper to inculcate, " That we should not generally reject the friendship or services of any man, because he differs from us in a particu- lar opinion." This will not appear a superfluous caution, if we observe the ordinary conduct of man- kind. In public affairs, there is the least chance of a perfect concurrence of sentiment or inclination : yet every man is able to contribute something to the common stock, and no man's contribution should be rejected. If individuals have no virtues, their vices may be of use to us. I care not with what principle the new-born patriot is animated if the measures he JUNIUS'S LETTERS. 157 supports are beneficial to the community. The na- tion is interested in his conduct. His motives are his own. The properties of a patriot are perishable in the individual ; but there is a quick succession of subjects, and the breed is worth preserving. The spirit of the Americans may be an useful example to us. Our dogs and horses are only English upon English ground; but patriotism, it seems, may be improved by transplanting. I will not reject a bill which tends to confine parliamentary privilege with- in reasonable bounds, though it should be stolen from the house of Cavendish, and introduced by Mr. On- slow. The features of the infant are a proof of the descent, and vindicate the noble birth from the base- ness of the adoption. I willingly accept of a sarcasm from colonel Barr<5, or a simile from Mr. Burke. Even the silent vote of Mr. Calcraft is worth reckon- ing in a division. What though he riots in the plun- der of the army, and has only determined to be a patriot when he could not be a peer ? Let us profit by the assistance of such men while they arc with us, and place them, if it be possible, in the post of dan- ger, to prevent desertion. The wary Wedderburne, the pompous Suffolk, never threw away the scabbard, nor ever went upon a forlorn hope. They always treated the king's servants as men with whom, some time or other, they might probably be in friendship. When a man, who stands forth for the public, has gone that length from which there is no practicable retreat, when he has given that kind of personal of- fence, which a pious monarch never pardons, I then begin to think iiim in earnest, and that he will never have occasion to solicit tlie forgiveness of his country. 158 JUNIUS'S LETTERS. But instances of a determinatiou so entire and unre- ferved are rarely met vvldi. Let us take mankind as tliey are ; let us distribute the virtues and abilities ol individuals according to the offices they affect j and, when they quit the service, let us endeavour to sup- ply their places with better men than we have lost. In this country there are always candidates enough lor popular favour. The temple of fame is the short- est passage to riches and preferment. Above all things, let me guard my countrymen against the meanness and folly of accepting of a tri- fling or moderate compensation for extraordinary and essential injuries. Our enemy treats us as the cun- ning trader does the unskilful Indian ; tiiey magnify their generosity, when they give .us baubles of little proportionate value for ivory and gold. The same iiouse of conunons, who robbed the constituent body of their right of free election j who presume to niake a law, under pretence of declaring it ; who paid our good king's debts, without once inquiring how they were incurred; who gave thanks for repeated mur- ders committed at home, and for national infamy in- curred abroad ; who screened lord Mansfield ; who imprisoned the magistrates of the metropolis for as- serting the subject's right to the protection of the laws; who erased a judicial record, and ordered all proceedings in a criminal suit to be suspended : this very house of commons have gracio^-sly consented that their own members may be compelled to pay their debts, and that contested elections shall, for the future, be determined with some decent regard to the merits of thb case. The event of the suit is of no conse- quence to the crown. While parliaments are seoten- JUNIUS'S LETTERS. 1S9 uial, the purchase of the sitting member, cr of the petitioner, makes but the difference of a day. Con- cessions such as these are of litde moment to the sum of things ; unless it be to prove that the worst of men are sensible of the injuries they have done us, and perliaps to demonstrate to us the imminent dan- ger of our situation. In the shipwreck of the state, trifles float, and are preserved ; while every thiisg solid and valuable sinks to the bottom, and is los' for ever. JUNIUS. LIX. To the Printer of the Public Advertiser. SIR, October 15, 1771 I am convinced that Junius is incapable of wilfully misrepresenting any man's opinion, and that his incli- nation leads him to treat lord Camden with particu- lar candour and respect. The doctrine attributed to him by Junius, as far as it goes, corresponds with that stated by your correspondent Sca^vola, who seems to make a distinction without a difference. Lord Camden, it is agreed, did certainly maintain, that, in the recess of parliament, the king (by which wc all mean the Jcing in council, or the executi\:e power) might suspend the operation of an act of the legislature; and he founded his doctrine upon a sup posed necessity, of which the king, in the first instance, must be judge. The lords and commons cannot be ifiO JUNIUS'S LETTERS. judges of it in the first instance, for they do not exist. Tlius far Junius. But, says Scaevola, lord Camden made parliament, and not the king, judges of the necessity. That par- liament may review the acts of ministers, is unques- tionable ; but there is a wide diflerence between say- ing, that the crown has a legal power, and that the ministers may act at their peril. When we say that an act is illegal, we mean that it is forbidden by a joint resolution of the three estates. How a subse- quent resolution of two of those branches can make it legaJ, ah initio, will require explanation. If it could, the consequence would be truly dreadful, es- pecially in these times. There is no act of arbitrary power which the king might not attribute to necessity, and for which he would not be secure of obtaining the approbation of his prostituted lords and commons. If lord Camden admits, that the subsequent sanction of parliament was necessary to make the proclama- tion legal, why did he so obstinately oppose the bill, which was soon after brought in, for indemnifying all those persons who had acted under it.^* If that bill had not been passed, I am ready to maintain, in direct contradiction to lord Camden's doctrine, (taken as Scaevola states it) that a litigious exporter of corn, who had suffered in his property, in consequence ot the proclamation, might have laid his action against the custom-house officers, and would infallibly have recovered damages. No jury could refi se them : and if I, who am by no means litigious, had been so injured, I would assuredly have insStuted a suit in Westminster-hall, on purpose to try the question ol right. I would have done it up in a principle of de- JUNIUS'S LETTERS. 161 fiance of the pretended power of either or both houses to make declarations inconsistent with law ; and I have no doubt that, with an act of parliament on my side, I should have been too strong for them all. This is the way in which an Englishman should speak and act, and not suffer dangerous precedents to be estab- lished, because the circumstances are favourable or palliating. With regard to lord Camden, the truth is, that he inadvertently overshot himself, as appears plainly by that unguarded mention of a tyranny of forty days, wliicli I myself heard. Instead of asserting, that the proclamation was legal, he should have said, " My lords, I know the proclamation was illegal; but I advised it, because it was indispensably necessary to s;)ve the kingdom from flimine; and I submit myself to the justice and mercy of my country." Such language as this would have been manly, rational, and consistent ; not unfit for a lawyer, and every way worthy of a great man. PIIILO JUNIUS. P. S. If Scffivola should think proper to write again upon this subject, I beg of him to give me a direct answer; that is, a plain affirmative or negative, to the following questions :— In the interval between the publishing such a proclamation (or order of coun- cil) as that in question, and its receiving the sanction of the two houses, of what nature is it ? Is it legal or ilhfral? Or, is it neither one nor the other.'' I mean to to be candid, and will point out to him the conse- quence of his answer either way. if it be legal, it wants no farther sanction: if it be illegal, the subject 11 102 JUiMUSS LETTERS. is not boiiiKl to obey It, coiisequcntlyit is an iisclesSj nugatory act, even as to its declared purpose. Be- fore the meeting of parll iinent, the whole mischief wlilcii it means to prevent will jiave been con)pleted. LX. To Zeno. SIR, October 17, 1771. The sophistry of your letter in defence of lord Mansfield is adapted to the character you defend. But lord Mansfield is a man of form, and seldo;n in his behaviour transgresses the rules of decorum, 1 shall imitate his lordship's good inanr.crs, and leave you in full possession of his principles. 1 v.ill not call you liar, Jesuit, or villain; but, v. illi all the politeness imaginable, periiaps I ma}- prove yen so. Like other fair pleaders in lord Mansfield's school of justice, you answer Junius by misquoting his words, and mistaking his propositions. If I am candid enough to admit, that this is the very logic taught at St. Omer's, you will readily allow, that this i-; the constant practice in the court of king's beric ii. Junius does not sa*/ that he never had a doubt abr 'a the strict right of pressing, till he knew lord J\Ia.-. ■- field was of the same opinion. His words are, " un'ii he heard that lord Mansfield had applauded lord Chatham for maintaining that doctrine in the house of lords." It was not the accidental concurrence ol JUA'iUb'b LETTERS, 163 lord AJ jiU.-iiicKi'i opialoii, but llie suspicious applause given l)y a ouiiniug Scutclunau to the man l.c detests, that raised and juHlified a doubt in the mind of Junius. The question is not, whetlier lord 3Iansfiold be a man of learning and abilities (which Junius has never dis- puted), but whether or no he abuses and misapplies iiis talents. Junius did not say that lord Mansfield had advised the calling out of the guards. On the contrary, his plain meaning is, that he left that odious oflire lo men less cunning than himself. Whether lord Mans- field's doctrine concerning libels be or be not an at- tack upon the liberty of the press, is a question which the public in general are very well able to determine. I shall not enter into it at present. Nor do I think it necessary to say much to a man, who had the dar- ing confidence to say to a jury, " Gentlemen, you are to bring in a verdict guilty ov not gvilty : but whether the defendant be guilty or innocent, is not matter for your consideration." Clothe it in what language you will, this is the sum total of lord Mans- field's doctrine. If not, let Zeno show us the dilFerence. But it seems, " the liberty of the press may be abused, and the abuse of a valuable privilege is the certain means to lose it." The fir.sl I admit; but let the abuse be submitted to a jury; a sufficient, and, indeed, the only legal and constitutional check upon the license of the press. The second I flatly deny. In direct contradiction to lord Mansfield, I aflirm, that " the abuse of a valuable privilege is not the certain means to lose it;" if it were, the English na- tion would have few privileges left ; for, where is the privilege that has not, at one lime or other, been IG4 JUNIUS'S LETTERS. abused by individuals? But it is false in reason and equity, tliut particular abuses should produce a geiK^- ral foiTeiture. Shall the eomniunity be deprived of the protection of the laws, because there are robbers and murderers ? Shall the community be punished, because individuals have olTended ? Lord INIansfield says so, consistently enough with his principles ; but I wonder to find him so explicit. Yet, for one con- cession, however extorted, I confess myself obliged to him. The liberty of the press is, after all, a valuable privilege. I agree with him most heartily, and will defend it against him. You ask me, What juryman was challenged by . lord IMansfield .'' I tell you ; his name is Benson. When his name was called, lord Mansfield ordered the clerk to pass him by. As for his reasons, you may ask himself, for he assigned none : but I can tell you what all men thought of it. This Benson had been refractory upon a former jury, and would not accept of the law as delivered by Lord Mansfield ; but had the impudence to pretend to tJiinJc for himself. But you, it seems, honest Zeno, know nothing of t!ie matter. ■ You never read Junius's letter to your pat- ron : you never heard of the intended instructions from the city to impeach lord Mansfield: you never heard by what dexterity of Mr. Paterson that measure was prevented. How wonderfully ill some people are informed ! Junius did never afHrm, that the crime of seducing the wife of n mechanic or a peer, is not the same, taken in a moral or neligious view. What he afiirm- ed, in contradiction to the levelling principle so lately adopted by lord Mansfield, was, " that the damages ;UNIUS'S LETTERS. 165 should be proportioned to the rank and fortune of the parlies:" and for this plain reason (admitted u}' every oiher judge that ever sat in Westminster-hal!) because what is a compensation or penalty to one man, is none to another. The sophistical distinction you at- tempt to draw between the person injured and the person injuring, is Mansfield all over. If you can once establish the proposition, that the injured party- is not entitled to receive large damages, it follows, pretty plainly, that the party injuring should not be compelled to pay them ; consequently the king's brother is efl'ectually screened by lord Mansfield's doctrine. Your reference to Nathan and David comes naturally in aid of your patrons professed system of jurisprudence. He is fond of introducing into the court of king's bench any law that contradicts or ex- cludes the common law of England; whether it l)e canon, civil, jus gentium, or Levitical. But, sir, the Bible is the code of our religious faith, not of our municipal jurisprudence : and though it was tlie pleasure of God to inflict a particular punishment upon David's crime (taken as a breach of his divine commands) and to send his prophet to denounce it, an English jury have nothing to do either with David or the prophet. They consider the crime only as it is a breach of order, an injury to an individual, and an offence to society; and they judge of it by certain positive rules of law, or by the practice of their an- cestors. Upon the whole, the man " after God's own heart" is much indebted to you for comparing him to the duke of Cumberland. That his royal highness may be the man after lord Mansfield's own heart, seems much more probable ; and y: u, I think, 166 JUNIUS'3 LETTERS. Ml*. Zeno, might succeed tolerably Well in the char- acter of Nathan. The evil deity, the prophet, and the Yoyn\ sinner, would he very prupor company for one another. You say, lord Mansfield did not make the com- missioners of the q;rent seal, and that he only ad- vised the king to appoint. I believe Junius meant no more; and the distinction is harrily worth dis- puting. You say he did not deliver an opinion upon lord Chatham's appeal. I affirm that he did, directly in favour of I he appeal. This is a point of fact to he determined by evidence only. But j'ou assign no reason for his supposed silence, nor for his desiring a conference with the judges the day before. Was not all Westminster-hall convinced that he did it with a view to pu/zle them with some perplexing question. and in hopes of bringing some of them over to liini ? You say the commissioners were very capable of fram- ing a decree for themselves. By the fact, it onh' ap- pears, that they were capable of framing an illrgal one ; which, I apprehend, is not much to the credit either of their learning or integrity. We are both agreed, that lord Mansfield \)n< in- cessantly laboured to introduce new modes of pro- ceeding in the court where he presides; hut ynn attribute it to an honest zeal in behalf of innocence, oppressed by quibble and chicane. I say, that he has introduced new law too, and removed the landmarks established by former decisions. I say, thaf his view is, to change a court of common law into a court of equity, and to bring every thing within the arbitrinm of a prcctorian court. The oublic must determine JUNIUS'S LETTERS. 167 between us. But now for his merits. First then, the establishment of the judges in their places for life, fwhich you tell us was advised by lord Mansfield) was a concession merely to catch the people. It bore the appearance of a royal bounty, but had nothing real in it. The judges were already for life, except- ing in the case of a demise. Tour boasted bill only provides, that it shall not be in the power of the king's successor to remove tiiem. At the best, therefore, it is only a legacy, not a gift, on the part of his present innjesty, since, for himself, he gives up nothing. That he did oppose lord Camden and lord Northington upon the proclamation against the exportation of corn, is most true, and with great ability. With his talents, and taking the right side of so clear a question, it was impossible to speak ill. His motives are not so easily penetrated. They vviio are acquainted widi the state of politics at that period, will judge of them somewhat differently from Zeno. Of the popular bills, which 3'ou say he supported in the house of lords, the most material is unquestionably that of IVIr. Grenville for deciding contested elections. But I should be glad to know upon what possible pretence any member of the upper house could oppose such a bill, after it had passed the house of commons .'' I do not pretend to know what share he had in promoting the other two bills; but I am ready to give him all the credit you desire. Still you will find, that a wHole life of deliberate iniquity is ill atoned for, by doing now and then a laudable action, upon a mixed or doubtful principle. If it be unworthy of him, thus ungratefully treated, to labour any Uniger for the public, in rrod's name, let him retire. His brother's I OS JUx^IUS'S LETTERS. patron (whose health he once was anxious for) Is de.Td; hut the son of that unfortunate prince survives, and, I dare say, will be ready to receive iiim. PHILC TUNITTS. LXI. To an Advocate in the Cause of the People SIR, October 18, 1771. You do not treat Junius fairly. You would not have condemned him so hastily, if you had ever read judge Foster's argument upon the legality of pressing seamen. A man who has not read that argument, is not qualified to speak accurately upon the subject. In answer to strong facts and fair reasoning, you produce nothing but a vague comparison between two things which have little or no resemblance to each other. General warrants, it is true, had been often issued but they had never been regularly questioned or re- sisted, until the case of Mr. Wilkes. He brougiil them to trial ; and the moment they were tried, they were declared illegal. This is not the case of press warrants. They have been complained of, question- ed, and resisted in a thousand instances ; but still the legislature have never interposed, nor has there ever been a formal decision against them in any of tTic superior courts. On the contrary, they have been iVcquently recognised and admitted by parliament ; and there are judicial opinions given in their favour oy judges of the first character. Under the various JUNIUS'S LETTERS. 16j9 circumstances stated by Junius, he has a right to conclude for Iiiniself, that there is no remedy. If you have a good one to propose, you may depend upon the assistance and applause of Junius. The magistrate who guards the liberty of the individual deserves to be commended. But let him remember, that it is also his duty to provide for, or at least not to hazard, the safety of the community. If, in the case of a foreign war, and the expectation ot an in- vasion, you would rather keep your fleet in harbour, than man it by pressing seamen who refuse the boun- ty, I have done You talk of disbanding the army with wonderful ease and indiiference. If a wiser man held such language, I should be apt to suspect his sincerity. A.S for keeping up a much greater number of sea men in time of peace, it is not to be done : you will cypress the merchant, you will distress trade, and destroy the nursery of your seamen. He must be a miserable statesman who voluntarily, by the same act mcreases the public expense, and lessens the means of supporting it. PHILO JUNIUS. VOL. U. B 170 JUNIUS'^ I.ErTp:RS. LXII. October 22, 1771 A friend of Junius desires it may be observed (in cHiswer to a barriste)' at law.) 1. Tliat the fact of lord ^lansfield's having ordered a juryman to be passed by (wliicb poor Zeno nevei hearil of) is now formally aduiiLted. When jMr. Ben- son':; name was called, lord Mansfield was observed to (lush in the face (a signal of guilt not uncommon with him), and cried out, " Pasa him by." This I take to be something more than a peremptory chal- lenge : it is an unlawful command, without any rea- son assigned. That the counsel did not resist, is true; but this might happen either from inadvertence, or a criminal complaisance to lord Mansfield. You bar- risters are too apt to be civil to my lord chief justice, at the expense of your clients. 2. Junius did never sa}', that lord ^Mansfield had destroyed the liberty of the press. " That his lord- ship has laboured to destroy, that his doctrine is an attack upon the liberty of the press, that it is an inva- sion of the right of juries," are the propositions maintained by Junius. His opponents never answer him in point; for they never meet him fairly' upon his own ground. 3. Lord Mansfield's pollc}', in endeavourmg to screen his unconstitutional doctrines behind an act of tlie legislature, is easily understood. Let every JUNIUS'S LETTERS. J 71 Ti^ijglishman stand upon his guard : the right of juries to return a general verdict, in all cases what- soever, is a part of our constitution. It stands in no need of a bill, either enacting or declaratory, to confirm it. 4. With regard to the Grosvenor cause, it is pleasant to observe, that the doctrine attributed by Junius to lord Mansfield is admitted by Zeno, and directly defended. The barrister has not the as- surance to deny it flatly ; but he evades the charge, and softens the doctrine, by sucii poor contemptible quibbles as cannot impose upon the meanest under- standing. 5. The quantity of business in the court of king's bench proves nothing but the litigious spirit of the people, arising from tiie great increase of wealth and commerce. Tliese, however, are now upon the de- cline, and will soon leave nothing but lawsuits be- hind them. When Junius affirms, that lord Mans- field has laboured to alter the system of jurisprudence in the court where his lordship presides, he speaks to those wlio are able to look a little farther than the vulgar. Besides, that the multitude are easily de- ceived by the imposing names of equity and substan- tial justice, it does not follow that :i judge, who in- troduces into his court new modes of proceeding, and new princi[)k'S of law, intends, in every instance, to deciile unjustly, Wliy sliouKI he, wiiere he has no interest ? We say, that lord ^Mansfield is a Lad man, and a worse judge ; but we do not say that he is a mere devil. Our adversaries would fain red ice us to the difficulty of proving too much. This artifice, however, shall not avail bin. The truth of the mat- 172 JUNIUS'S LETTERS. ter is plainly this: when lord INlansfiefd has succeeded in his scheme of changing- a court of common law to a court of equit}', he will have it in his power to do injustice whenever he thinks proper. This, though a wicked purpose, is neither absurd nor unattainable. 6. The last paragraph, relative to lord Chatham's cause, cannot be answered. It partly refers to facts of too secret a nature to be ascertained, and partly is unintelligible. " Upon one point the cause is decid- ed against lord Chatham : upon another point it is decided for him." Both the law and the language are well suited to a barrister ! If I have any guess at this honest gentleman's meaning, it is, " That whereas the commissioners of the great seal saw the question in a point of view unfavourable to lord Chatham, and decreed accordingly ; lord Mansfield, out of sheer love and kindness to lord Chatham, took the pains to place it in a point of view more favour- able to the appellant.'''' Credat Judceus Apella. So curious an assertion would stagger the faith of Mr. Sylva. LXIII. November 2, 1771. vVe are desired to make the following declaration, /n behalf of Junius, upon tiiree material points, on which his opinion has been mistaken or misre- presented. 1 . Junius considers the right of taxing the colo- JUNIUS'S LETTERS. i; j nies, by an act of the British legislature, as a specu- lative right merely, never to be exerted nor ever to be renounced. To his judgment it appears plain, " That the general re?isonings which were emplo^'ed against that power, went directly to our whole legislative right; and that one part of it could not be yielded to such arguments, without a virtual surrender of all the rest." 2. That, with regard to press-warrants, his argu- ment should be taken in his own words, and answer- ed strictl}' ; that comparisons may sometimes illus- trate, but prove nothing; and that, in this cose, an appeal to the passions is unfair and unnecessary. Junius feels and acknowledges the evil in the most express terms, and will show himself ready to concur in any rational plan that may provide for the liberty of the individual, without hazarding the safety of the community. At the same time he expects that the evil, such as it is, be not exaggerated or misrepre- sented. In general, it is not unjust, that, when the rich man contributes his wealth, the poor man shotild serve the state in person ; otherwise, the latter con- tributes nothing to the defence of that law and con- stitution from which he demands safety and protec- tion. But the question does not lie between the rich and the poor. The laws of England make no such distinctions. Neither is it true, that the poor man is torn from the care and support of a wife and family, helpless without him. The single question is, Whether the seaman* in times of public fianger, shall serve th<^ • I con.lne myself strictly to seamen. If any others are pressed, it is a gross al'ise, which the Magistrate can and should correct. 174 JUNiUS'S LETTERS. mercliant. or the state, in that profession to which lif was bred, and by the exercise of which alone he can honestly support himself and his family ? General arguments against the doctrine of necessity', and the dangerous use that may be made of it, are of no weight ni this particular case. Necessit}' inchulcs the idea of inevitable. Whenever it is so, it creates a law to \vhich all positive laws, and all positive rights must give way. In this sense, the levy of ship-money by the king's warrant was not necessary, I)ecause the business might have been as well or better done by parliament. If the doctrine maintained by Junius la- confined within this limitation, it will go but a vcvy little way in support of arbitrary power. That thi- king is to judge of the occasion, is no objection, un- less we are told how it can possibly be otherwise. There are other instances, not less important in the exercise, nor less dangerous in the abuse, in \\hicli the constitution relies entirely upon the king's judg ment. The executive power proclaims war ana peace, binds the nation by treaties, orders general embargoes, and imposes quarantines ; not to men tion a multitude of prerogative writs, which, thougb liable to the greatest abuses, were never disputed. 3. It has been urged, as a reproach to Junius, thai he has not delivered an opinion upon the game laws, and particularly the late dog act. But Junius thinks he has much greater reason to complain, that he is never assisted by those B'ho are able to assist him : and that almost the whole labour of the press is thrown upon a single hand, from which a discussion of every public question is unreasonabl}' expected. He is not pa'd I'or his labour, and certainly has a right to JUNIUS'S LETTERS. 175 rhoose lii" employment. As to the game laws, he never scrupled to declare his opinion, that they are a species oftlie forest laws : that they are oppressive to the subject ; and that the spirit of them is incom- patible with legal liberty ; that the penalties imposed by these laws bear no proportion to the nature of the offence : that the mode of trial, and the degree and kind of evidence necessary to convict, not only de- prive the subject of all the benefits of a trial by jury, !);!t nre in themselves too summary, and to the last degree arbitrary and oppressive : that, in particular, the late acts to prevent dog stealing, or killing gome between sun and sun, are distinguished by their ab- surdity, extravagance, and pernicious tendency. If lliese terras are weak or ambiguous, in what language V \u Junius express himself.^ It is no excuse for lord Mansfield to say, that he happened to be absent when these bills passed the house of lords. It was his duty to be present. Such bill^ could never have passed the house of commons without his knowledge. But we very well know by what rule he regulates his at- tendance. When tha'. order was made in the house of lords, in the case of lord Pomfret, at which every Englishman shudders, my honest lord Mansfield found himself, by mere accident, in the court of king's bench 5 otherwise he would have done wonders iif defence of law and property ! Tlie pitiful evasion is adapted to the character. But Junius will never justify himself l)y the example of this bad man. The di=;tinrtion between doing wrong, and avoiding to do rio-bf. Volon^rs to lord Mansfield. Junius dis- claims it 176 JUNIUS'S LETTERS. LXIV. To Lord Chief Justice Mansfield. November 2, 1771- At the intercession of three of your countrymen, you have bailed a man, who, I presume, is also a Scotchman, and whom the lord mayor of London had refused to bail. I do not mean to enter into an exam- ination of ihe partial, sinister motives of your conduct; but, confining myself strictly to the fact, I affirm, that you have done that, which, b^- law, you were not warranted to do. The thief was taken in the theft ; the stolen goods were found upon him, and he made no defence. In these c'rcumstances (the truth of which you dare not deny, because it is of public no- toriety) it could not stand indifferent, whether he was guilty or not, much less could there be any presump- tion of his innocence ; and, in these circumstances, I affirm in contradiction to you, lord chief justice Mansfield, that, by the laws of England, he was not bailable. If ever Mr. Eyre should be brciight to trial, rte shall hear what you have to say for yourself; and I pledge myself, before God and my countrj', in proper time and place, to make good my charge against you. JUNIUS, JUNIUS'S LETTERS. 177 LXV. To the Printer of the Public Advertiser. November 9, 1771- Junius engages to make good his charge against lord chief justice Mansfield, some time before the meeting of parliament, ill order that the house of commons may, if they think proper, make it one article in the impeachment of the said lord chief justice. LXVI. To his Grace the Duke of Grafton. November 27, 1771- What is the reason, my lord, that, when almost every man in the kingdom, without distinction of principles or party, exults in the ridiculous defeat of sir James Lowther, when good and bad men unite in one common opinion of that baronet, and triumph in his distress, as if the event (without any reference to vice or virtue,) were interesting to human nature, your grace alone should appear so miserably depres- sed and afllicted ? In such universal joy, I know not where you will look for a compliment of condolence, H 2 12 178 JUNIUS'S LETTERS. unless you appeal to the tender, sympathetic sorrows of Mr Bradshaw. That cream-coloured gentleman's tears, affecting as they are, carry consolation along with them. He never weeps, but, like an April shower, with a lambent ray of sunshine upon his countenance. From the feelings of honest men upon this joyful occasion, I do not mean to draw any con- clusion to your grace. They naturally rejoice when they see a signal instance of tyranny resisted with success, of treachery exposed to the derision of the world, an infamous informer defeated, and an impu- dent robber dragged to the public gibbet. But in the other class of mankind, I own I expected to meet the duke of Grafton. Men who had no regard for justice, nor any sense of honour, seem as heartily pleased with sir James Lowther's well-deserved pun- ishment, as if it did not constitute an example against themselves. The unhappy baronet has no friends, even among those who resemble him. You, my lord, are not reduced to so deplorable a state of derelic- tion ; every villain in the kingdom is your friend ; and, in compliment to such amity, I think you should suf- fer your dismal countenance to clear up. Besides, my lord, I am a little anxious for the consistency wf your character. You violate your own rules of decorum, when you do not insult the man you have betrayed. The divine justice of retribution seems now to have begun its progress. Deliberate treachery entails punishment upon the traitor. There is no possibility of escaping it, even m the highest rank to which the consent of society can exalt the meanest and worst of men. The forced, unnatural union of Luttrell and JUNIUS'S LETTERS. 179 Middlesex was an omen of another unnatural union, by vvhich indefeasible infamy is attached to the house of Brunswick. If one of those acts was virtuous and honourable, the best of princes, I thank God, is hap- pily rewarded for it by the other. Your grace, it has been said, had some share in recommending colonel Luttrell to the king ; or was it only the gen- tle Biadshaw who made himself answerable for the good buhaviour of his friend ? An intimate connexion has long subsisted between him and the worthy lord Irnham. It arose from a fortunate similarity of prin- ciples, cemented by the constant mediation of their common friend Miss Davis.* * There is a certain family in this country, on which nature seems to have entailed an hereditary baseness of disposition. As far as their history lias been known, the son has regiilarly improved upon the vices of his father, and has taken care to transmit them pure and undiminished into the bosom of his successor. In the senate, their abili- ties have confined them to those humble, sordid services, in which the scavengers of the ministry are usually employed. But in the memoirs of private treachery, they stand first and unrivalled. The following story will serve to illustrate the character of this respectable family, ard to convince the world, that the present possessor has as clea; a title to the mfamy of his ancestors, as he has to their estate. It deserves to be recorded for the curiosity of the fact, and should be given to the public, as a warning to every honest member of society. Tlie present lord Irnham, who is now in the decline of hfe, lately cultivated the acquaintance of a younger brother of a family, with which he had lived in some degree of inti- macy and friondship. The young man hnd long been the J80 JUNIUS'S LETTERS. Yet I confess I should be sorry that the opprobri* ous infamy of this matcli should reach beyond the family. VVe have now a better reason than ever to pray for the long life of the best of princes, and the welfare of his royal issue. I will not mix any thing ominous with my prayers • but let parliament look to it. A Luttrell ' all never succeed to the crown of England. If the hereditary virtues of the family deserve a kingdom, Scotland will be a proper retreat for them. The next is a most remarkable instance of the goodness of Providence. The just law of retaliation has at last overtaken the little contempiible tyrant of the north. To tiiis son-in-law of your dearest friend, the carl of Bute, you meant to transfer the duke ol Portland's property j and you hastened the grant dupe of a most unhappy attachment to a common prosti- tute. > His friends and relations foresaw the consequences of this connexion, and did every thing that depended upon them to save him from ruin. But he had a friend in lord [rnham, whose advice rendered all their endeavours ineflec- tual. This hoary lecher, not contented with the enjoy- ment of his friend's mistress, was base enough to take ad- vanttxge of the passions and folly of the j'oung man, and persuaded him to marry her. He descended even to per- form the office of father to the prostitute. He gave her to his friend, who was on the point of leaving the kingdom, and the next night lay with her himself. Whether the depravity of the human heart can produce any thing more base and detestable than this fact, must be left undetermined, until the son shall arrive at his father's age and experience. JUNIUS'S LETTERS. 131 with an expedition unknown to the treasury, that he might have it time enough to give a decisive turn to the election for the county. The immediate conse- quence of this flagitious robbery was, that he lost the election which you meant to insure him, and with such signal circumstances of scorn, reproach, and insult, (to say nothing of the general exultation of al parties,) as (excepting the king's brother-in-law, colonel Luitrell, and old Simon, his father-in-law) hardly ever fell upon a gendeman in this country In the event, he loses the very property of which he thought he had gotten possession, and after an ex- pense which wou.d have paid the value of the land in question twenty times over. The forms of villany, you see, are necessary to its success. Hereafter you will act with greater circumspection, and not drive so direcdy to your object. To snatch a grace beyond the reach of commoa treachery, is an exception, not a rule. =? ^i-:^- vd si:Ad'f: "' iiiiit h^ And now, my good lord, does not your conscious heart inform you, that the justice of retribution be- gins to operate, and that it may soon approach your person ? Do you think that Junius has renounced the ]\Iiddlesex election.^ or that the king's timber shall be refused to tne royal navy with impunity .'' or diat you shall hear no more of the sale of that patent (o Mr. Hine, which you endeavour to screen by sud- denly dropping your pmsecution of Samuel Vaughan, when the rule against him was made absolute .'' 1 believe, indeed, there never was such an instance in all the history of negative impudence. But it shall not save you. The very sunshine you live in is a prelude to your dissolution. When you are ripe, you shall be plucked. JUNIUS. P. S. I beg you will convey to your gracious mas- ter my humble congratulations upon the glorious suc- cess of peerages and pensions so lavishly distributed as the rewards of Irish virtue. LXVII. To Lord Chief Justice Mansfield. January 21, 1772. I have undertaken to prove, that when, at the intercession of three of your countrymen, you bailed John Eyre, you did that " which by law you were not warranted to do ;" and that a felon, under the L-ircumstances " of being taken in the fact, with the stolen goods upon him, and making no defence, is not bailable" by the laws of England. Your learned advocates have interpreted this charge into a denial, that the court of king's bench, or the judges of that court, during the vacation, have any greater authori- ty to bail for criminal offences than a justice of peace. With the instance before me, I am supposed to ques- tion your power of doing wrong, and to deny the existence of a power, at the same moment that I ar- raign the illegal exercise of it. But the opuiions of such men. whether wilful In tb*»ir malignity, or sincere JLNIUS'S LETTERS. 183 in their ignorance, are unworthy of my notice You, lord Mansfield, did not understand me so ; and I promise you, your cause requires an abler defence. 1 am now to make good my charge against you. However dull my argument, the subject of it is inter- esting. I shall be honoured with the attention of the public, and have a right to demand the attention of the legislature. Supported, as I am, b}' the whole body of the criminal law of England, I have no doubt of establishing my charge. If, on your part, you shall have no plain substantial defence, but should endea- vour to shelter yourself under the quirk and evasion of a practising lawyer, or under the mere insulting assertion of power without right, the reputation 3'ou pretend to is gone for ever; you stand degraded from the respect and authority of your office, and are no longer dejure, lord chief justice of England. This letter, my lord, is addressed not so mucii to you, as to the public. Learned as you are, and quick in apprehension, Ccw arguments are necessary to satis- fy 3'ou, that you have done that, which, by law, you were not warranted to do. Your conscience already tells you, that you have sinned against knowledge j and that, whatever defence you make, contradicts your own internal conviction. But other men are willing enough to take the law upon trust. They rely upon your authorit}', because they are too indo- lent to search for information : or, conceiving that there is some mystery in the laws of their country, which lawyers are only qualified to explain, they dis- (rnst their judgment, aud voluntarily renounce the ri^lit of thinking for themselves. With all the evi- d.":!^',' of history before them, from Tresilian to Jejfe- 184 JLNIUS'S LETTERS. rieSf from Jefferies to Mansfield, they will not believe it possible that a learned judge can act in direct con- tiadiction to those laws, which he is supposed to make the study of his life, and which he has sworn to ad- minister Aulhfully. Superstition is certainly not the characteristic of this age ; yet some men are bigolted in politics who are infidels in religion. I do not des- pair of making them ashamed of their credulity. The charge I brought against you is expressed in lerms guarded and well considered. They do not deny the strict power of the judges of the couii of king's bench to bail in cases not bailable by a justice of peace, nor replevisablc by the common writ, or ex officio, by the sheriff. I well know the practice of the court, and by what legal rules it ought to be di- rected. But, far from meaning to soften or diminish the force of those terms I have made use of, I now go beyond tiien), and affirm, 1. That the superior power of bailing for felony, claimed by the court of king's bench, is founded upon the opinion of lawyers, and the practice of the court; that the assent of the legislature to this power is mere- ly negative, and that it is not supported by any posi- tive provision in any statute whatsoever. If it be, produce the statute. 2. Admitting that the judges of the court of king's bench are vested with a discretionary power to exam- ine and judge of circumstances and allegations which a justice of peace is not permitted to consider, I af- firm that the judges, in the use and application of that discretionary power, are as strictly bound by the spirit, intent, and meaning, as the justice of peace is bv the words of the legislature. Favourable circura- JUNIUb'S LETTERS. 165 stances, alleged before the judge, may justify a doubt, whether the prisoner be guilty or not; and where the guilt is doubtful, a presumption of inno- cence should in general be admitted. But, when any such probable circumstances are alleged, they alter the state and condition of the prisoner. He is no longer that all-hut-convicted felon, whom the law in- tends, and who by law is not hailahle at nil. If no circumstances whatsoever are alleged in his favour ; if no allegation whatsoever be made to lessen the force of that evidence which the law annexes to a positive charge of felony, and particularly to the fact of being taken with the manner; I then say, that the lord chief justice of England has no more right to bail him than a justice of peace. The discretion of an English judge is not of mere will and pleasure ; i-t is not arbitrar}' ; it is not capricious; but, as that great lawyer (whose authority I wish you respected half as much as I doj truly says,* " Discretion, taken as it ought to be, is, discernere per legem quid sit justum. If it be not directed by the right line of the law, it is a crooked cord, and appeareth to be unlawful." If discretion were arbitrary in the judge, he might in- troduce whatever novelties he thought proper. But, sa^'S lord Coke, " Novelties, without warrant of pre- cedents, are not to be allowed : some certain rules are fo be followed : Quicquid judicis auetoritati suhjicitvr novitati non subjicitur." And this sound doctrine is applied to the star-chamber, a court confessedly arbi- trary* If you will abide by the authority of this • Inst. 41. GG. !t'3 ;l':cil3's t.ettkp.s. r.-.-'.!. ;i;.i, you shall have all the advantage of his Dpinion, wherever it appears to favour you. Ex- cepting the plain, express meaning of the legislature, to which all private opinions must give way, I desire no better judge between as than lord Coke. 3. I aflirm that, according to the obvious, indis- putable meaning of the legislature, repeatedly ex- pressed, a person positively charged with feloniously stealing, and taken in Jlagrante delicto, with the stolen goods upon him, is not bailable. The law considers him as differing in nothing from a convict, but in the form of conviction ; and (whatever a cor- rupt judge may do) will accept of no security, but the confinement of his body within four walls. I know it has been alleged, in your fiivour, that you have often bailed for murders, rapes, and other mani- fest crimes. Without questioning the fact, T shall not admit that you are to be justified by your own ex- ample. If that were a protection to you, where is the crime, that, as a jvidge, you might not now se- curely commit .'* But neither shall I suffer myself to be drawn aside from my present argument, nor you to profit by your own wrong. To prove the meaning and intent of the legislature, will require a minute and tedious deduction. To investigate a question ot law, dtmands some labour ind attention, though very little genius or sagacity. As a practical profession, the study of the law requires but a moderate portion of abilities. The learning of a pleader is usually npon a level with his integrity. The indiscriminate defence of right and wrong contracts the under- standing, while it corrupts the heart. Subtilty is soon mistaken for wisdom, and impunity foi virtue. JUNIUS'S 1ETTKR3. 137 If there be any instances upon record (as soiiie there are undoubtedly, of genius and morality united in a lawyer) they are distinguished by their singularity, and operate as exceptions. I must solicit the patience of my readers. This is lu) light matter ; nor is it any more susceptible of or- nament, than the conduct of lord Mansfield is capa- lile of aggravation. As the law of bail, in charges of felony, has been f xactly ascertained by acts of the legislature, it is at i>i-esent of little consequence to inquire how it stood ;;'. common law before the statute of Westminster. And yet it is worth the reader's attention to observe, !!.).v nearly, in the ideas of our ancestors, the cir- cumstance of being taken with the maner approach- c ! to the conviction* of the felon. It " fixed the ;i.:thoritative stamp of verisimilitude upon the accu- ^. iiion : and, by the common law, with the things s;(j]en upon him in manu, he might, so detected, / igrante delicto, be brought into court, arraigned, ■v.-A tried, without indictment; as, by the Danish law, I.-.- might be taken and hanged on the spot, without :i iy." — Blackstonc. i. 87- JUNIUS'S LETTERS. 180 certainly do not extend to the judges of that court. Hut, besides tliat, the reader will soon find reason to think that the legislature, in tiieir intention, made no difference between bailable and replevisable. I^ord Coke himself, if he be untlerstood to mean nothing but an exposition of the statute of Westminster, and not to state the law generally, does not adhere to his own distinction. In expounding the other offences, which, by this statute, and declared not replevisable, he constantly uses the words not bailable. " Tiiat o'ltlaws, for instance, are not bailable at all : thai persons who have abjured the realm, are attainted upon their own confession, and therefore not baila!)le at all by law : that provers are not bailable : that no- torious felons are not bailable." The reason why the superior courts were not named in the statute of Westminster, was plainly this : " because anciently most of the business touching bailment of prisoners for felony or misdemeanors, was performed I)y the sheriffs, or special bailiffs of liberties, either by writ, or virtute officii ;"* consequently the superior courts had little or no opportunit}' to commit those abuses which the statute imputes to the sheriffs. With sul)- mission to Dr. Blackstone, I think he has fallen into a contradiction, which, in terms at least, appears ir- reconcileable. After enumerating several offences not bailable, he asserts, without any condition or limita- tion whatsoev?r,t " All these are clearly not admissi- ble to bail." Yet, in a few lines after, he says, " It is agreed that the court of king's bench may bail for any crime whatsoever, according to the circum- • 2 Hale, P. C. I '28, 13G. > Blackstone, iv. 29r). 193 JUNIUS'S LETTERS. stances of the case." To his first proposition he should have added, " by sheriffs or justices j" other- wise the two propositions contradict eacii other : with this difference, however, thai tha first is absolute, the second limited by a consideration of circumstances. 1 say this, without the least intended disrespect to the learned author. His work is of public utility, and should not hastily be condemned. Tlie statute of 17 Richard II. cap. 10, 1393, sets forth, that, " Forasmuch as thieves notoriously de- famed, and others taken with the nianer, by their long abiding in prison, were delivered by charters and favourable inquests procured, to the great hin- derance of the people, two men of law shall be as- signed, in every commission of the peace, to proceed to the deliverance of such felons," &£c. It seems, by this act, that there was a constant struggle between the legislature and the officers of justice. Not dar- ing to admit felons taken with the maner to bail ur muinprize, they evaded the law, by keeping the party in prison a long time, and then delivering him witl out due trial. The statute of 1 Richard III. in 1483, sets forth that, " Forasmuch as divers persons have been daily arrested and imprisoned for suspicion of felony, some- time of malice, and sometime of a light suspicion, and so kept in prison without bail or mainprize ; be it ordained, that every justice of peace shall have authority, by his discretion, to let such prisoners and persons so arrested to bail or mainprize." By this act, it appears that there had been abuses in matter of ira ir'sonment, and that the legislature meant to JUxXIUS'S LETTERS. 191 provide for the immediate enlargement of persons arrested on light suspicion of felony. The statute of 3 Henry VII. in 1486, declares, that, under colour of the preceding act of Richard the Third, " Persons, such as were not mainperna- ble, were oftentimes let to bail or mainprize by jus- tices of the peace, whereby many murderers and fel- ons escaped ; the king, Sic. hath ordained, that the justices of the peace, or two of them at least (where- of one to be of the quorum) have authority to let any such prisoners or persons, mainpernable by the law, to bail or mainprizc." The statute of 1 and 2 of Philip and Mary, in 1554, sets forth, that, " Notwithstanding the preced- ing statute of Henry the Seventh, one justice of peace hath oftentimes, by sinister labour and means, set at large ihe greatest and notablest offenders, such as be not replevisable by the laws of this realm ; and yet, the rather to hide their aflections in that behalf, have assigned the cause of their apprehension to be but only for suspicion of felony, whereby the said offend- ers have escaped unpunished, and do daily, to the high displeasure of Almighty God, the great peril of the king and queen's true subjects, and encourage- ment of all thieves and evil-doers ; for reformation whereof be it enacted that no justice of peace shall let to bail or mainprire any such persons, which for any offence by them committed, be declared not to be replevised or bailed, or be f()rl)iddcn to be replevis- ed or bailed, by the statute of Westminster the first , and fuitherniore, that any persons arrested for man- slaughter or felony, being bailable by the law, shall not be let to bail or niair prixe by any justices of 192 JUNIUS'S LETTERS. peace, but in the form therein after prescribed," Tn the two preceding statutes, tlie words bailable, re- plevisable, and mainpernable, are used synonymous- ly,* or promiscuousl}', to express the same single in- tention of the legislature, viz. not to accept of any security but the body of the offender: and when the latter statute prescribes the form in which persons ar- rested on suspicion of felony (being bailable by the law) may be let to bail, it evidently supposes that there are some cases not baibble by the law. It may be thought, perhaps, that I attribute to the legisla- ture an appearance of inaccuracy in the use of terms merely to serve my present purpose. But, in truth, it would make more forcibly for my argument, to presume, that the legislature were constantly aware of the strict legal distinction between bail and reple- vy, and that they always meant to adhere to it.")" For if it be true that replevy is by the sheriffs, and bail by the higher courts at Westminster (which I think no lawyer will deny,) it follows, that when the legis- lature expressly says that any particular offenc-e is by law not bailable, the superior courts are comprehend- ed in the prolubition, and bound by it. Otherwise, unless there was a positive exception of the superior courts (which I affirm there never was in any statute elative to bail) the legislature would grossly contra- ilict themselves, and the manifest Intention of the law • 2 Hale, P. C. ii. 124. t Vide 2d Inst. 150, 18G, " The word -eplevisable never signifies bailable. Bailable is in a court of record, by the king's justices; but replevisable is by the sheriff." — Selden, State Trials, vii. 149. JUNIUS'S LETTERS 103 be evaded. It is an established rule, tliat, when the law is special, and reason of it general, it is to be general!}' understood ; and ihoLigh, by custom, a latitude be allowed to the court of king's bench, (to consider circumstances inductive of a doubt, whether the prisoner be guilty or innocent) if this latitude be taken as an arbitrary power to bail, when no circum- stances whatsoever are alleged in fiivour of the prison- er, it is a power without right, and a daring viola- tion of the whole English law of bail. The act of the 31st of Charles the Second (com- monly called the Habeas Corjius art) particularly de- clares, that it is not meant to extend to treason or felony, plainly and specially expressed in the warrant of commitment. The prisoner is tiierefore left to seek his Habeas Corpus at common law . and so far was the legislature from supposing tliat persons (com- mitted for treason or felony, plainly and specially expressed in the warrant of commitment) could be let to bail by a single judge, or by the whole court, that this very act provides a remedy for such persons, in case they are not indicted in the course of the term or sessions subsequent to their commitment. The law neither su.Ters l!:em to be enlarged before trial, reo days after the return to the habeas cor- pis, to examine and determine the legality of any commitment by the king or privy council, and to do wbat in justice shall appertain, in delivering, bailing, or remanding the prisoner. Now, it seems, it is un- necessary for the judge to do what appertains to jus- tice. The same scandalous traffic, in which we have seen the privilege of parliament exerted or relaxed, to gratify the present humour, or to serve the imme- diate purpose of the crown, is introduced into the ad- ministration of justice. The magistrate, it seems, has now no rule to follow, but the dictates of personal enmity, national partiality, or perhaps the most pros tituted corruption. To complete this historical inquiry, it only remains to be observed, that the habeas corpus act of 31 of Charles the Second, so justly considered as another Magna Charta of the kingdom, " extends* only to the case of cwTimitments for such criminal charge as can produce no inconvenience to public justice by a temporary enlargement of the prisoner." So careful were the legislature, at the very moment when they were providing for the liberty of the subject, not to furnish any colour or pretence for violating or evad- ing the established law of bail in higher criminal of- • Blackstone, iv. 137. JULIUS'S LETTERS. 199 fences. But the exception, stated in the bod}' of the net, puts tlie matter out of all doubt. After direct- ing the judges how they are to proceed to the dis- charge of the prisoner upon recognizance and surety, having regard to the quality of the prisoner and na- ture of the offence, it is expressly added, " unless it shall appear to the said lord chancellor, Sec. that (he party so committed is detained for such matters or offences, for the which, by tlie law, the prisoner is not bailable." When the laws, plain of themselves, are thus illus- tntcd b}' facts, and their uniform meaning establish- ed by history, we do not want the authority of opin- ions, however respectable, to inform our judgment, or to confirm our belief. But I am determined that you shall have no escape. Authority of every sort shall be produced against you, from Jacob to lord Coke, from the dictionary to the classic. In vain shall you appeal from those upright judges whom you disdain to imitate, to those whom you have made your exam- ple. With one voice they all condemn you. " To be taken with the maner, is where a thief, having stolen any thing, is taken with the same about him, as it were in his hands, which is cnWec] Jlagrante delicto. Such a criminal is not bailable by law." — Jacob, under the Wv rd Mancr. " Those who are taken with the maner are excluded by the statute of Westminster, from the benefit of a replevin." — Hawkins, P. C ii. 93. " Of such heinous offences, no one, who is notori- ously guilty, seems to be bailable by the intent of tliis statute."— I>i«o, i'. 99. " The common practice and allowed general rule 200 JQNIUS'S LETTERS. is, lliat b.u. is only then proper, where it stands in- (lllTercnt whether the party were guihy or inuocent."' —-Ditto, ditto. " There is no doubt but that the bailing of a per- so;i, who is not bailable by law, is punishable eillicr at common law, as a negligent escape, or as an of- fenee against the several statutes relative to bail." --Ditto, 89. •' It cannot be doul)tcd, but that neither the judges of this, nor of any other superior coiu't ofjustice, are slriclly within the purview of that i^latiUe ; j-et they will always, in their discretion, pay a due regard to ll, and not admit a person to bail who is expressly declared by it irreplevisable, without *some particular circumstance in his favour ; and, therefore, it seems difilcult to find an instance where persons, attainted (if felony, or notoriously guilty of treason, or man- slaughter, See. by their own confession, or otherwise, have been admitted to the benefit of bail, without soiue special motive to the court to grant it."--- Ditto, 114. " If it appears that any man hath injury or wrong by his imprisonment, we have power to deliver and di.-cliarge him; if otherwise, he is to be remanded by us to prison again." — Lord Ch. J. Ili/de, State Trials, \ii. 115. " The statute of Westminster was especially for direction to the sheriffs and others ; but to say courts of justice are excluded from this statute, I conceive it cannot be." — Attorney General Heath, Ditto, 132. " The court, upon view of (he return, judgeth of the sufficiency or insufficiency of it. If they think JUNIUS'S LETTERS. 201 the prisoner in law to be bailable, he is committed to the marshal, and bailed ; if not, he is remanded." Through the whole debate, the objection on the part of the prisoners was, that no cause of commit- ment was expressed in the warrant ; but it was uni- formly admitted, by their counsel, that if the cause of commitment had been expressed for treason or felony, the court would then have done right in remanding them. The attorney-general having urged, before a com- mittee of both houses, that, in Beckwilh's case, and others, tjje lords of the council sent a letter to the court of king's bench to bail ; it was replied, by the managers of the house of commons, that this was of no moment : " for that either the prisoner was bailable by the law, or not bailable. If bailable by the law, then he was to be bailed without any such letter ; if not bailable by the law, then plainly the judges could not have bailed him upon the letter, without breach of th.cir oath, which is, that they are to do justice according to the law," &:c. — State Trials, vii. 175. " So that in bailing upon such offences of the highest nature, a kind of discretion, rather than a constant law, hath been exercised, when it stands wholly indifferent, in the eye of the court, whether the prisoner be guilty or not." — Seldcn, St. Tr. vii. 230. 1. " I deny that a man is always bailable when im- prisonment is imposed upon him for custody." — Attorney General Heath, ditto, 23S. P,7 these quotations from the State Trirds, (hough otherwise not of authority, it aj)pears plainly, that 1 2 202 JUNIUS'S LETTERS. in regard t3 bailable or not bailable, all parties agreed in admitting one proposition as incontro- vertible. " In relation to capital oflences, there are especial- ly these acts of parliament that are the common land- marks* touching offences bailable or not bailable. "--- Hale, ii. P. C. 127. The enumeration includes the several acts cited in this paper. " Persons taken with the manouvre are not baila- ble, because it is furtum manifcstum." — Hale, ii. P. C. 133. " The writ of Habeas Corpus is of a high nature ; for if persons be wrongfully committed, they are to be discharged upon this writ returned ; or, if baila- ble, they are to bailed : if not bailable, they are to be committed," — Hale ii. P. C. 143. This doctrine of lord chief justice Hale refers immediately to the superior courts from whence the writ issues. " After the return is filed, the court is either to dbcharge, or bail, or commit him, as the nature of the case re- quil-es."— HaZe, ii. P. C. 146. " If bail be granted otherwise than the law allow- eth, the party that alloweth the same shall be fined, imprisoned, render damages, or forfeit his place, as the case shall require." — Selden, by JV. Bacon, 182. " This induces an absolute necessity of expressing, upon every commitment, the reason for which it is made ; that the court, upon a Habeas Corpus, may examine into its validity, and, according to the cir- • It has been the study of lord Manstieia to remove land- marks. 1 JLNIUS'S LETTERS. 203 cumslances of the case, may discliarge, admit to bail, or remand the prisoner. — Blackstone, iii. 133. " INIarriot was .-ommitted for forging indorsements upon bank-bills, and upon a Habeas Corjjus was bailed, because t\ie crime was only a great misde- me-anor ; for though the forging the bills be felony, yet forging the indorsement is not." — Salkcld, i. 104. " Appell de Ma[hem, he. ideo ne fuit lesse a bailte, nient p-lus que in appell de robbery ou murder; quod nota, et que in robbery et murder le partie n'st bail- lable. — Bro. Mainprizc, 67. " The intendment of the law in bails is, ^uod stat indiffer enter, whether he be guilty or no ; but when he is convicted by verdict or confession, then he must be deemed in law to be guilty of the felony, and therefore not bailable at all." — Coke, ii. Inst. 188. iv. 178. " Bail is quando stat indijfer enter, and not when the offence is open and manifest." — 2 Inst. 189. " In this qase non stat indifferenter, whether he be guilty oi* no, being taken with the maner, that is, with the thing stolen, as it were, in his hand." Ditto, ditto. " If it appcareth that this imprisonment be just and lawful, he shall be remanded to the former gaol- er ; but if it shall appear to the court that he was imprisoned against the law of the land, they ought, by force of this statute, to deliver him : if it be doubtful, and under consic eration, he may be bail- ed."™2 Inst. 55. It is unnecessary to load the reader with any far- ther quotations. If those authorities are not deemed <;ufficieit to establish the doctrine maintained in fliis 204 JUNIUS'S LETTERS. paper, it will be in vain to appeal to the evidence of law books, or the opinions of judjjfcs. The}' are not the authorities by which lord Mansfield will abide. He assumes an arbitrary power of doing right : and if he does wrong, it lies only between God and his conscience. Now, my lord, although I have great faith in the preceding argument, I will not say that every minute part of it is absolutely invulnerable. I am loo well acquainted with the practice of a certain court, di- rected by your example, as it is governed by your authority, to think there ever yet was an argument, however conformable to law and reason, in which a cunning, quibbling attorney might not discover a flaw. But, taking the whole of it together, I aflirm, that it constitutes a mass of demonstration, than which nothing more complete or satisfactory can be oflTered to the human mind. How an evasive, indirect reply will stand with your reputation, or how far it will an- swer in point of defence, at the bar of the house of ^ords, is worth your consideration. If, after all that has been said, it should still be maintained, that the court of king's bench, in bailing felons, are exempted from all legal rules whatsoever, and that the judge has no direction to pursue, but his private aflections, or mere unquestionable will and pleasure, it will Hal- low plainly, that the distinction between bailable and not bailable, uniformly expressed by the legislature, current through all our law books, and admitted by all our great lawyers, without exception, is, in one sense, a nugatory, in another, a pernicious, distinc- tion. It is nugatory, as it supposes a difl*crence in i]-.p bailable quality of offences, when, in effect, the JUNIUS'S LETTERS. 205 distinction refers only to (lie rank of the magistrate It is pernicious, as it implies a rule of law, wliirh yet the judge is not bound to pny the least regard to ; and inipresses an idea upon the minds of Che people, that the judge is wiser and greater than the law. It remains only to apply the law, thus stated, tc the fact in question. By an authentic copy of the 7ni!ri- mus, it appears that John Eyre was commitied for felon}', plainly and specially expressed in the warrant of < (iinmitment. He was charged before alderman Halifax, by the oath of Thomas Fielding, William Holder, William Payne, and William Nash, for felo- niously stealing eleven quires of writing paper, value six shillings, the property of Thomas Beach, &:c. By the examinations upon oath of the four persons mentioned in the mittimus, it was oroved, that large quantities of paper had been missed ; and that eleven quires (previously marked, from a suspicion thai Eyre was the ihief) were found upon him. Manv other quires of paper, marked in the sanie manner, were found at his lodgings ; and after he had been some time in Wood-street Compter, a key was found in his room there, which appeared to be a key lo the closet at Guildhall, from whence the paper was stolen. When asked what he had to say in his defence, his only answer was, " I hope you will bail me." Mr. Holder, the clerk, replied, " That is impossible. There never was an instance o( it, when the stolen goods were found upon the thief" The lord mayor was then applied to, and refused to bail him. Of all these circumstances, it was your duty to have inform- ed yourself minutely. The fact was leinarkalile : 20G j\:::ijZ'^ letters. ami til chief ningistiiilc of the city of London was known to ha\c refused to bail the oflendcr. To jus- tify your compliance with the solicitations of your three countrymen, it should be proved that such alle- gations were offered to you in behalf of their asso- ciate, as honestly and bona fide reduced it to a mat- ter of doubt and indifference whether the prisoner was innocent or guilty. Was any thing offered by the Scotch triumvirate that tended to invalidate the posi- tive charge made against him by four credible wit- nesses upon oath? Was it even insinuated to you, either by himself or his bail, that no felony was com- mitted ; or, that he was not the felon ; that the stolen goods were not found upon him ; or that he was only the receiver, not knowing them to be stolen ? Or, in short, did they attempt to produce afly evidence of his insanity ? To all these questions I answer for you, without the least fear of contradiction, positively. No. From the moment he was arrested he never entertained any hope of acquittal ; therefore, thought of nothing but obtaining bail, that he might have time to settle his affairs, convey his fortune into an- other country, and spend the remainder of his life in comfort and afilueuce abroad. In this prudential scheme of future happiness, the lord chief justice of England most readily and heartily concurred. At sight of so much virtue in distress, your natural be- nevolence took the alarm. Such a man as Mr. Eyre, struggling with adversity, must always be an inter- estirg scene to lord Mansfield. Or, was it that libe- ral anxiety, by which your whole life has been distin guis' '^'i. to enlarge the liberty of the rubject.? M^ lord, we did not want this new instance of the liberal- JUiSlUS'S LETTERS. 2W ity of youi jjrinciples. We already knew what kind of subjects thoy were for whose liberty you were anxious. At all events, the public are much indebted to you for fixing a price, at which felony may be committed with impunity. You bound a felon, notoriously worth 30,000/. in tiie sum of 300Z. With your natural turn to equity, and knowing, as you are, in the doctrine of prece- dents, you undoubtedly meant to settle the propor- tion between the fortune of the felon and the fine by which he may compound for his felony. The Vatio now upon record, and transmitted to posterity under the auspices of lord Mansfield, is exactly one to an hundred. IMy lord, without intending it, you have laid a cruel restraint upon the genius of your countrymen. In the warmest indulgence of their passions they have an eye to the expense ! and if their other virtues fail us, we have a resource in iheir economy. By taking so trifling a security from John Eyre, you invited, and manifestly exhorted him to escape. Although in bailable cases it be usual to take four securities, you left hini in the custody of three Scotch- men, whom he might have easily satisfied for con- niving at liii i«etreat. Tliat he did not make use of llio opportunity you industriously gave him, neither justifies your conduct, nor can it be any way account- ed for, but by his excessive and monstrous avarice. Any other m?.:i. but this bosom friend of three Scotch- men, would gladly have sacrificed a few hundred pounds, rather than submit to tiie infamy of pleading guilty in open court. It is possiI)le indeed that he might have flattered himself, and not unreasonably, 208 JUNIUS'S letti:r3. with (lie hopes of a pardon. Tiiat he would liave been pardoned, seems more than proljablo, if I had not directed the public attention to the leading step you took in favour of him. In the present gentle reign, we well know what use has been made of the lenity of the court, and of the mercy of the crown. The lard chief justice of England accepts of the hun- dredth part of the property of a felon, taken in the fact, as a recognizance for his appearance. Your brother Sniythe browbeats a jury, and forces them to alter their verdict, by which tbey had found a Scotch sergeant guilty of murder; and though the Kennedies were convicted of a most deliberate and atrocious murder, they still had a claim to the royal mercy. They were saved by the chastity of their connex- ions. They had a sister : yet it was not her beauty, but the pliancy of her virtue, that recommended her to the king. The holy author of our religion was seen in the company of sinners ; but it was his gracious purpase to convert them from their sins. Another mnn, who, in the ceremonies of our faith, might give lessons to the great enemy of it, upon different principles, keeps much the same company. He advertises for patients, collects all the diseases of the heart, and turns a royal palace into an hospital for incurables. A man of honour has no ticket of admission at St. James's., They receive him like a virgin at the Magdalen's; " Go thou, and do likewise " INIy charge against you is now made good. I shall, however, be ready to answer or to submit to fair ob- jections. If, whenever this matter shall be agitated you suffer the doors of the house of lords to be shut, JUNIUS'S LETTERS. 209 I now protest, that I shall consider you as having made no reply. 1 rom that moment, in the opinion of the world, you will stand self convicted. Whether your reply he quihbling and evasive, or liberal and in point, will be matter for the judgment of your peers ; but if, when every possible idea of disrespect to that noble house (in whose honour and justice the nation implicitly confides) is here most solemnly dis- claimed, you should endeavour to represent this charge as a contempt of their authority, and move their lordships to censure the publisher of this paper, I then affirm, that you support injustice by violence, that you are guilty of a heinous aggravation of your offence, and that you contribute your utmost in- fluence to promote, on the part of the highest court of judicature, a positive denial of justice to the n-ation. JUNIUS. Lxvm. To the Right Ilonourabh Lord Camden. MY LORD, I turn with pleasure from that barren waste in which no salutary plant takes root, no verdure quick- ens, to a character fertile, as I willingly believe, in every great and good qualification. I call upon you, in the name of the English nation, to stand forth ir defence of the laws of your country, and to exert, in the cause of truth and justice, ihobc great abilities 14 210 JUNIUS'S LETTERS. with which jou were entrusted for the benefit of man- kind. To ascertain the facts set forth in the preced- ing paper, it may be necessary to call the perso4is mentioned in the mittimus to tlie bar of the house ol lOrds. If a motion for that purpose should be reject- ed, \vc sliall know what to tliink of lord Mansfield's innocence. The legal argument is submitted to youi lordship's judgment. After the noble stand you made against lord Mansfield upon the question of libel, we did expect that you would iK)t have suficred fliat mat- ter to have remained undetermined. But it was said that lord chief justice Wiliuot had been prevailed upon to vouch for an opinion of the late judge Yates, which was supposed to make against you ; and we admit of the excuse. When such detestable arts are employed to prejudge a question of right, it might have been imprudent at that time to have brought it to a decision. In the present instance, you will have no such opposition to contend with. If there be a judge, or a lawyer, of any note in Westminster-hall, who shall be daring enough to afiirm that, according to the true intendment of the laws of England, a felon, taken with the maner in flagrante delict , is bailable, or that the discretion of an English judge is merely arbitrary, and not governed by rules of law, I should be glad to be acquainted with him. Who- ever he be, I will take care that he shall not give you much trouble. Your lordship's character as- sures me that you will assume that principal part, which belongs to you, in supporting che laws of Eiig- land against a wicked judge, who makes it the occu- pation of his life to misinterpret and pervert them. If you decline this honourable ofiice, I fear it will be JUNIUS'S LETTERS. 211 said, that, for some months past, you have kept too much company with the duke of Grafton. When the contest turns upon the interpretation of the laws, you cannot, without a formal surrender of all your repu- tation, yield the post of honour even to lord C liat- ham. Considering the situation and abilities of lord Mansfield, I do not scruple to aflirm, with tlie most solemn appeal to God for my sincerity, tliat, in my judgment, he is the very worst and most dangerous man in the kingdom. Thus far I have done my duty in endeavouring to bring him to punishment. But mine is an inferior ministerial office in the temple of justice : I have bound the victim, and dragged him to the altar. JUNIUS. The reverend Mr. John Home having, with his usual veracity, and honest industry, circulated a re- port that Junius, iit \ letter to the supporters of the bill of rights, had warmly declared himself in favour of long parliaments and rotten boroughs, it is thought necessary to submit to the public the following ex- tract from his letter to John Wilkes, esq. dated the 7lh of September, 1771, and laid before the society on the 24th of the same month. " With regard to the several articles, taken sepa- rately, 1 own I am concerned to see that the great condition which ought to be the sine gun non of par- liamentary qualification, which ought to be llic basis ;'as it assuredly will l)e the only support) of every 212 JUNIUS'3 LETTERS. barrier raised in defence of the constitution, (I mean a declaration upon oath to shorten the duration of parliaments) is reduced to the fourth rank in the es- teem of the society; and even in that place, far from being insisted on with firmness and vehemence, seems to have been particularly slighted in the expression, " You shall endeavour to restore ainiual parliaments." Are these the terms which men who are in earnest make use of, when the salus reipuhlicce is at stake .'* I expected other language from Mr. Wilkes. Be- sides my objection in point of form, I disapprove highly of the meaning of the fourth article as it stands. Whenever the question shall be seriously agitated, I will endeavour (antl if I live, will assuredly attempt it) to convince the English nation by arguments, to my understanding unanswerable, that they ought to insist upon a triennial, and banish the idea of an an- nual parliament. * * * I am convinced, that if shortening the duration of parliaments (which, in effect,, is keeping the representative under the rod of the constituent) be not made the basis of our new parliamentary jurisprudence, other checks or im- provements signiiy nothing. On the contrary', if this be made the foundation, other measures may come in aid, and, as auxiliaries, be of considerable advan- tage. Lord Chatham's project, for instance, of in- creasing the number of knights of shires, appears to me admirable. * * * As to cutting away the rotten boroughs, I am as much offended as any man at see- ing so many of them under the direct influence of the crown, or at the disposal of private persons. Yet, I own, I have both doubts and apprehensions in regard to the remedy you propose. I shall be charged. JUNIUS'S LETTERS. 213 ft.uaps, w'lta an unusual want of political intrepidity, ^vilu■u I honestly confess to you, that I am startled at the idea of so extensive an amputation. In the first place, I question the power, de jure, of the legisla- ture to disfranchise a number of boroughs upon the general ground of improving the constitution. There cannot be a doctrine more fatal to the liberty and property we are contending for, than that which con- founds the idea of a supreme and an arbitrary legis- lature. I need not point out to you the fatal purpo- ses to which it has been, and may be, applied. If we are sincere in the political creed we profess, there are many things which we ought to affirm, cannot be done by kings, lords, and commons. Among these, I reckon the disfranchising of boroughs, with a gene- ral view of improvement. I consider it as an equiva- lent to robbing the parties concerned of their free- hold, of their birthright. I say, that although this birthright may be forfeited, or the exercise of it suspended in particular cases, it cannot be taken away by a general law, for any real or intended purpose of improving the constitution. — Supposing the attempt made, I am persuaded 3'ou cannot mean that cither king or lords should take an active part in it. A bill which only touches the representation of the people, must originate, in the house of com- mons. In the formation and mode of passing it, the exclusive rif^ht of the commons must be asserted as scrupulously as in the case of a money bill. Now, sir, I should be glad to know b}"- what kind of rea- soning it can be proved, that there is a power vested in tlio representative to destroy his innnediate con- stituent. From wlicnce could he possibly derive hi il4 JUNIUS'S LETTERS. A courtier, I know, will be ready to rriaintain the af finnative. The doctrine suits him exactly, because It gives an unlimited operation to the influence of the crown. But we, Mr. Wilkes, ought to hold a difTer- ent language. It is no answer to me to sny, that the bill, when it passes the house of commons, is the act of the majority, and not the representatives of the particular borouglis concerned. If the majority can disfranchise ten boroughs, why not twenty, why not the whole kingdom ? Why should not they make their own seats in parliament for life .'' When the septennial act passed, the legislature did what, appa- rently and palpably, they had no power to do : but they did more than people in general were aware of; they, in effect, disfranchised the whole kingdom for four years. " For argument's sake, I will now suppose that the expediency of the measure, and the power of parlia- ment, are unquestionable. Still you will find an in- surmountable difficulty in the execution. When all your instruments of amputation are prepared, when the unhappy patient lies bound at your feet, without the possibility of resistance, by what infallible rule \f\\\ you direct the operation ? When you propose to cut away the rotten parts, can you tell us what parts are perfectly sound ? Are there any certain limits in fact or theory, to inform you at what point you must stop, at what point the mortification ends ? To a man so capable of observation and reflection as \'ou are, it is unnecessary to say all that might be said upon the subject. Besides that I approve highly of lord Chatham's idea of infusing a portion of new health into the constitution, to enable it to bear its JUNIUS'S LETTERS. 215 mdrmitlei (a brilliant expression, and full oi intrinsic ivisdom) other reasons occur in persuading me to adopt it. I have no objection," &c. The man who fairly and completely answers this argument, shall have my thanks and my applause My heart is already with him. I am ready to be converted. I admire his morality, and would gladl}' subscribe to the articles of his faith. Grateful as I am, to the good Being whose bounty has imparted to me this reasoning intellect, whatever it is, I hold myself proportionably indebted to him from whose enlightened understanding another ray of knowledge communicates to miise. But neidier should 1 think the most exalted faculties of the human mind a gift worthy of the Divinity, nor any assistance in the improvement of them a subject of gratitude to my fellow creature, if I were not satisfied, that, really to mform the understanding, corrects and enlarges the aeart. JUNIUS. . • ,^C SOUTHERN REGIONAL LIBRARY FACILITY A 000 024 345 ♦ - • -lilk 1 S^Ss^^^^^^^^^^^^^^H ^^^^^B'-; ^^B . '91^1 \,:i -.% y? ( "\ 4'X''-